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unfeafonable difcuffion of characters flopped; and,, if the new doctrine of a privy counsellor's oath were folid, fomething very like perjury prevented.

The motion before the house he understood was made for the purxpofe, either of fatisfying them that the American treaty was irrevocable, or of declaring it to be fo if it should appear doubtful. Now, as he neither wifhed nor believed it to be of that nature, he certainly could not vote with the right honourable mover.

It had been pleasantly remarked, that he thould vote that day with the minifters, not because he agreed with them, but because they difagreed with each other. This, he faid, was in fome measure true; but it was a matter not of choice but of neceflity; and as he wished to ftrengthen their government, he fhould be very happy if he could be inftructed how he could fupport them collectively.

Differences, he admitted, undoubtedly exifted, and of a very effential nature, in the cabinet; and thofe differences might certainly have an effect with foreign powers, but they were not likely to be reconciled within those walls. The cabinet confifted of eleven perfons of great genius, long experience, and invariable conftancy; they had employed almoft an equal number of commiffioners at Paris in this important business; and if all these perfonages had not been able to fix a precife meaning to a treaty that was declared to be concluded, could it be expected that an unanimous explanation of it fhould be given in that house?

He then proceeded to ftate the grounds of the meaning he had afVOL. XXVI.

fixed to the treaty. It was a maxim, he said, with cafuifts, that the fupport of one grave doctor was enough to make an opinion probable; now he had the opinion of two grave doctors, two cabinet minifiers, that the treaty was not irrevocable. He next examined the contradictory explanations that had been given; and after commenting on them for fome, time, argued that if, from fo many contradictictions, any thing certain could be deduced, it muft be, that the provisional articles meant nothing fixed. In this opinion he was confirmed by the fpeech from the throne. To this edition of the treaty, printed on royal paper, he should certainly give the preference over the many that had fince been published, and enriched cum notis variorum, In that it was faid,' in the first place, that independence had been off red; fecondly, that this article was dependent on another treaty, in which it was to be inferted; and, thirdly, it is there ftyled only a povifional treaty, which clearly implied that it was conditional, and therefore revocable.

Having ftated the grounds of his opinion, he added, that it could not be expected he should concur in a motion, the defign of which was to affix a meaning on the treaty of which he could not approve. If, fays he, the right honourable gentleman fhould fucceed in that attempt, would not the minifters of France argue thus with our negociator, "You have told us, that the English nation would fubmit with great unwillingness to the recognition of American independence, and you demand fome facrifice from us as an equivalent for that conceflion. You fee now that [K]

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parliament has none of the difficulties you made account of; we therefore muft alter our terms, there being no reafon why we fhould now make the facrifice you require."

unconditional acknowledgment of the independence of America; and this, it was argued, was the best policy we could adopt. To grant it as the price of peace, at the requifition of France, would be bafe and degrading. Should the French minifter infult us with an offer, he fhould be told, "We will not fell the independence of America to you at any price; we will freely prefent her with that which you fhall not procure her, offer what bargain you pleafe."

In fupport of the motion it was urged, that the production of a treaty, pending the negotiation, was perfectly parliamentary, and not unprecedented; and that none . of his Majefty's fervants would venture to affert, that, in the prefent inftance, it would be dangerous or unfafe. The difficulties under which our negotiators muft una voidably labour, fo foon as the contradictory language of minifters at home was known abroad, and the neceffity of relieving them from this embarraffment, was ftrongly infifted on. It was not from any abfurd idea of reconciling the contradictions of minifters that the prefent motion was brought forward, but that parliament might put fuch a clear, diftinet, and definitive conftruction on the treaty, as might fatisfy both foreign powers and the people at home of its true meaning and purpose. Minifters could then no longer fluctuate in their explanations of it, and might recover that confidence abroad which at prefent it was ridiculous for them to expect. They had themfelves confeted, that the infinuations that had been propagated refpecting the infincerity of the noble earl at the head of the treasury had materially impeded their negotiations; and was it likely that thefe fufpicions would be removed by what had paffed in parliament fince the first day of the feffion? It was not denied that the defign of the motion was to induce parliament to come to an explicit and

The motion was at length rejected on previous queftions, by a majority of 219 to 46; and both houfes adjourned on the 23d to the 21ft of the following month.

Jan. 21ft.

On the day of meeting after the recess, a motion was made in the 1783. House of Commons, for leave to bring in a bill, "for removing and

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preventing all doubts which "had arifen, or might arife, con

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cerning the exclufive right of "the parliament and courts of "Ireland in matters of legiflation "and judicature; and for preventing any writ of error or appeal from any of his majefty's courts in that kingdom from be"ing received, heard, and ad

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judged, in any of his majefty's "courts in the kingdom of Great "Britain."

The caufe of this bill, which after going through the ufual forms paffed into a law, was as follows:

When the matter of eftablishing the legislative and judicial inde. pendence of the kingdom of Ire. land was under the confideration of the late miniftry, two ways of doing it had occurred. The one, by a renunciation of what this country held to be a right, but

eagerly laid hold on by the clamorous in that country; and the jealousy they attempted to fpread was not unwillingly improved by the minifters into an opportunity of fhewing, that the measures of their predeceffors ad failed of giving that complete fatisfaction which had been boafted, and of courting the applaufe of Ireland by the additional fecurity which the prefent bill was fuppofed to afford to their rights.

which it was ready to give up. This mode, however, it was forefeen, might give offence to the people of Ireland, who contended, that England never had any fuch right. The other mode was by declaring that England, though it had exercited, had never been legally poffeffed of, fuch a right: but to this mode of renunciation it was jufly apprehended that the parliament of Great Britain would not be brought to confent. The measure of a fimple repeal of the declaratory act of the 6h of Geo. I. was therefore adopted, as most confiftent with the fpirit of the people there, and the dignity of government here: and though fome zealous patriots in Ireland feemed to think that an abfolute renunciation was neceffary; yet, as we have before related*, an addrefs was carried there through both houfes, with only two or three diffentient voices, expreffing their perfect fatisfaction, and declaring that no conftitutional queftion between the two countries would any longer exift. After this the parliament of Ireland proceeded in the exercife of their legiflative capacity, to enact laws for regulating their judicial proceedings, and for confining the decifions of property to their own courts of law, with power of appeal to the House of Lords of that country only. Things were going on in this amicable manner, when a cause that had been removed by writ of error from Ireland to the court of King's Bench, long before the repeal had been in agitation, and which the judge, by the rules of the court, was bound to determine, was brought to a decifion. This unlucky accident was

The bill paifed without any formal oppofition: it was however remarked, that as the parliament of Ireland had declared that no conftitutional queftion did any longer exift between the two countries, it was not confulting the dignity of the legislature of Great Britain, nor paying any compliment to the difcernment of that of Ireland, to declare that doubts might fill arife; and to país an act to prevent them, that was unafked, and grounded on mere furmites. The parliament of Ireland, by the repeal of the 6th of Geo. I. were yirtually invefted with full powers to regu late every domeftic inconvenience according to their own difcretion; and this in the prefent inftance they had actually done, a bill for the purpofe having received the royal affent. The officious interference now of Great Britain. fo far from encreafing the confidence which Ireland was inclined to repose in us, was more likely, it was faid, to produce the contrary effect, by autho rizing groundless jealoufy and diftruft. Confidence was in its nature voluntary; a profufion of profeffions never had, nor ever would, either produce or confirm it. It was madness to fuppofe that fpe

*See Vol. XXV. p. 179.

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culating

culating politicians in Ireland, like
all other people in fimilar circum-
ftances, would not find matter to
cavil at.
It was therefore necef-
fary, for the peace of both coun-
tries, and to the dignity of parlia-
ment, that the bufinefs thould have

an end fomewhere; and minifters were advised to come to a refolution of making, a ftand, where the beft and wifelt men of that country had already fixed the landmarks of the conftitution.

CHAP. VII.

Preliminary articles of peace figned at Versailles-laid before both houses of parliament.-Adarefs of thanks moved by Mr. Thomas Pitt.-Amondment propofed by Lord John Cavendish.Second amendment propofed by Lord North-Lift of the principal jpokers for and against the origina! addrefst be peace defended on three grounds.-ft. From the deplorable fate of the finances of the navy-of the army.-2dly. On the merits of the articles of the feveral treaties.-Defence of the French treatyof the ceffion of part of the Newfoundland fifbery, and of the islands of St. Pierre and Miquelon of the restoration of St. Lucia, and of the ceffion of Tobago of the ceffion of Senegal, and the refloration of Goreeof the refloration of the French continental fettlements in the Eaft-Indies of the abrogation of the articles relative to Dunkirk-Defence of the Spanish treaty of the ceffion of East and Wift Florida and Minorca.Defence of the provisional treaty with the Americans-of the line of boundaries of the jettlement of the fisheries-of the terms procured for the yalifts.-3dly. On the factions and interested motives of those who pretended to disapprove of it.-Arguments urged by the oppofite fide in Support of the amendments.- Arguments used in defence of the peace replied to in the fame order.—Both amendments carried in the House of Com mons, by a majority of 16.-Amendment to the addrefs in the House of Lords moved by Lord Carlisle, and negatived by a majority of 13.Lift of the speakers in the debate.-Refolution of cenfure on the peace moved in the House of Commons by Lord John Cavendish, and carried by a majority of 17.

THE

HE preliminary articles of peace between Great Britain and France, and between Great Britain and Spain, were figned at Verfailles on the 20th of January ; and on the 27th copies of the fame, and of the provifional treaty with the United States of America, were laid before both houfes of parliament, and after a thort debat, ordered to be printed. Monday te 17th of February was appointed for taking them into confideration;

and in the intermediate time several motions were made for fuch papers and documents as might aflift the houfe in deciding on teir merits.

On the day appointed upwards of four hundred and fifty members were affembled After te papers were read, a motion was made by Mr. Tomas Pitt, and fecon ed by Mr. Wilberforce, " t'at an ad. "drefs of thanks fhould be pre"fented to the King for his gra"cious condefcenfion in ordering

"the

dith, to leave out all that part after the words, " to affure his Ma♦ jefty," and to infert instead thereof the following-" His faithfal

commons will proceed to con"fider the fane with that ferious "and full attention which a sub"ject of fuch importance to the "prefent and future interests of "his Majeny's dominions deferves. "That in the mean time they en"tertain the fulleft confidence of "his Majefty's paternal care, that "he will concert with his parlia

"the preliminary and provifional
"articles of the feveral reaties
which his Majefty had conclud
"ed, to be laid before them; and
"to affure his Majefty that they
"had confidered them with that
"attention that fo important a
"fubject required. To exprefs
"their fatisfaction that his Ma-
jefty had, in confequence of the
powers entrusted to him, laid the
"foundation, by the provisional
"articles with the States of No th
"America, for a treaty of peace,
which thy trufled would enfure
perfect reconciliation and friend-
hip between both countries.
"And that, in this confidence,
"they prefumed to exprefs their
"just expectations, that the fe
"veral States of North America*
"would carry into effectual and
"fatisfactory execution thofe mea-
"fures which the congrefs was fo
"folemnly bound by the treaty
"to recommend, in favour of fuch

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ment fuch meafures as may be "expedient for extending the "commerce of his fubjects.

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"That whatever may be the fentiments of his faithful commons on the investigation of the terms of pacification, they beg leave to affure his Majelty of

their firm and unalterable refo"lution to adhere inviolably to "the feveral articles for which "the public faith is pledged, and to maintain the blettings of peace, to neceflary to his Majetty's fubjects and the general happinets of mankind

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