law of confifcation would operate against these unhappy mens the noble Lord pointed out its provifions, and faid that it was recommended by Congrefs originally-under this law the effects of the loyalifts were fold for public use the legiflatures of the refpective provinces had warranted the titles to the purchasers for ever.

Suppofe then that the poffeffors of thefe eftates will not part with them; how can the loyalifts force them, the States connot compel them without a breach of faith; and how is the injured owner to buy it without money? Suppose that an eftate had been parcelled out and fold to twenty perfons, how would it be practicable to afertain the price? befide the danger of fubfequent transfers, all thefe difficulties occurred, even fuppofing that refpect and attention was paid to the recommendations of the Congrefs; but we had only the rècommendations of Congress to truft to: and how often had their recommendations been fruitless? there were many cafes in print in which provincial Affemblies had peremptorily refused the recommendations of Congrefs. It was but the other day the States refused money on the recommendations of Congrels. Rhode-Ifland unanimously refused when the Congress defired to be authorized to levy a duty of five per cent because the funds had failed: many other inftances might be produced of the failure of the recommendations of Congrefs, and therefore we ought not in negotiating for the loyalifts to have trufted to the recommendations of Congrefs: nothing but the repeal of the acts existing against them ought to have fufficed, as nothing elfe could give effect to the treaty. Repeal was not mentioned they had only ftipulated to revife and reconfider them, amortifying and humiliating diftinction was made in prejudice of thofe who had borne arms for Britain to this we should never have consented; their fervices claimed the utmoft gratitude, and we ought to have hazarded almost every thing for them; what had they not facrificed for us! had they not left their families? had they not left their country? had they not rifked their lives,and made a common cause with us; and what was the perfidious and ungrateful return? We had abandoned them to the fury, the enmity, and the revenge of their countrymen. It was a moft impolitic as well as a moft difhonourable conduct. Faith, truth, juftice, all that was facred amongst men and nations must disdain and reprobate it; it would be a ftain on our character as a people to the lateft pofterity; and muft, if there was nothing elfe offenfive, and difadvantageous in the prefent peace, ftamp

it

it as the moft ignominious of any that this country in the very lowest circumftances concluded; in conclufion therefore he muft declare that he could not give his consent to an address in which they were called upon to return thanks for a treaty ftamped with fuch disgraceful conditions as he had enumerated; and he should therefore vote for the amendment.

Lord Hawke did not agree with the noble Lord who moved Ld. Hawke, the amendment, nor with the noble Lord who spoke laft, "that his Majefty's Minifters had concluded a treaty derogatory to the honour of the Crown, and detrimental to the intereft of the country.'

Before he entered into the arguments of the noble Lords, he called the attention of the House to the ftate of the country, distracted by inteftine divifions, every man thinking differently, except when united in fome favourite fcheme of party.

He stated that our enemies were determined and firm: In Europe we had not only the French, Dutch, and Spaniards, combined together against us, but the ill offices and ill wishes of all the neutral powers. In America our fleets, from the ftrength of the French iflands, and our want of troops, cruized only to exhaust the resources of their country. He then dwelt largely on the ftorm that was gathering in the Eaft, maintained that we had no peace with the Mahrattas; that Hyder's army had rendered the Carnatic one univerfal fcene of famine and flaughter; that we had gained some victories indeed over him; but that he retreated like a lion, only to turn back more dreadful on his purfuers. The fun of victory, faid his lordship, which gilded our profpects in the Eaft, was on the decline, the black clouds of distress were gathering faft.

He then ftated the points in which he differed from the noble Lords: the cafe of the Loyalifts; our lofs in the fur trade; the ceffion of Florida; and the general argument rclative to the advantage or difadvantage of the peace,

He denied that the Loyalifts had been abandoned; and, after paying them every proper compliment, faid, that he fhould fupport no Minifter who would countenance fuch a measure. In America, faid he, Congrefs had engaged to recommend their caufe to the legiflatures of the country: what other term could they adopt? He had fearched the Journals of Congrefs on this fubject: what other term did they, or do they ever adopt in their requifitions to the dif ferent provinces? It is an undertaking on the part of Çon

G 2

grefs;

1

grefs that body, like the King here, is the executive power of America. Can the Crown undertake for the two Houfes of Parliament? it can only recommend. He flattered himself that recommendation would he attended with fuccefs: but, faid he, ftate the cafe, that it will not; the liberality of Great-Britain is ftill open to them, Minifters had pledged themfelves to indemnify them not only in the addrefs now moved for, but even in the laft addrefs, and in the fpeech from the throne.

With refpect to the fur trade, he ftated that the great ob. ject of the peace was a reconciliation with America; that the Houfe of Commons laft year had laid down the arms of the nation; that they had made a peace neceffary, by declaring the man an enemy to his country who fhould take up arms against America; it was therefore, faid he, the duty of Minifters to effect a reconciliation on fuch grounds as would prevent another war. He reminded their lordships of the proclamation in fixty-three, which narrowed the boundaries of Canada ftill more, and excluded the Utawa country : he ftated the difputes between the French and the Colonies, previous to the war of fifty-fix: he afferted that the best furs were to the north of the lakes; and afked whether a monopoly of the fur trade was an object, when it not only might create another war, but would certainly alienate those affec tions which we had purchased with the price of independence, With respect to the ceffion of Eaft Florida, after faying that Spain by the local fituation of this province was a natu ral enemy to America, and after ftating the effect this ceffion might have on the family compact, and the French connec tion with America, he entered into the argument whether the Crown could cede that province, and maintained that such privilege was inherent in the power of making war and peace; that one power could not exift without the other; the end without the means. He cited Puffendorf; the cafe alfo of merchants, whofe goods are thrown into the fea to fave the veffel he ftated that the proprietors of Eaft Florida were in a fituation fimilar to thofe merchants; that they were entitled to a compenfation; he laid in his claim in their names, and faid he flattered himself they had every fair thing to expect from the juftice, liberality, and good fense of his Mas jefty's Minifters.

With refpect to the advantage or disadvantage of the peace with the Houfe of Bourbon, he faid, that could only be known by an accurate state of what we had gained and loft

and

and how far it affected our commerce, or a future war. He maintained that we were in a better fituation by the exchange; that we had yielded up nothing but what might be cafily recovered; and that we had gained what a two years war could not have re-captured: our commerce had received a benefit much greater than its lofs, above two-fifths of all the exports and imports from the fugar iflands. It was then fair to conclude, that we had made an honourable peace; be cause we had not only acquired more, our expence confidered, than we could have purchafed by victory; but we had efcaped from a confederacy greater than any in hiftory: we had ftood forth bhoftes humani generis: our Minifters therefore had, like able negotiators, feeing the springs of the national power ftretched beyond their force, concluded the peace. Here his lordship quoted Abbé Malby's Introduction to the Public Law of Europe, relative to the fituation of a country accustomed to force the fprings of its power, and confequently induced to form profpects beyond its ftrength, by which every advantage of war, or negotiation, ferves only to hide the precipice near which it approaches. His lordship then concluded by enlarging on the example of the Romans, who took care never to have two quarrels at a time, and waited to be revenged until they could do it without an effort, managing their ftrength in proportion to their wish to extend their empire.

i

Chandos

Lord Viscount Dudley declared the terms of the peace to Lord Vifc. Dudley. be, in his mind, totally inadequate to our fituation and pretenfions; and he could not by any means approve of the addrefs. The Duke of Chandos thought the contrary. Our condi- Duke of tion was such as demanded an immediate peace; and on a réview of every particular, it would be found to be more than equal to what we had a right to expect. These were not the times when men ought to oppofe government on factious principles. Nothing but unanimity could fave us; and in his opinion no person who had really the intereft of the empire at heart could fay that the prefent peace was not defirable and advantageous,

Townshend.

Lord Vafcount Townshend was very pointed in his remarks Lord Vife. upon the conduct of administration, who his lordship contended had difgraced this country beyond all former inftances. To defert men, who had conftantly adhered to loyalty and attachment, was a circumftance of fuch cruelty as had never before been heard of, What was to become of the poor

American

"

American officers too, those who had drawn the sword in defence of this country? They were deferted likewife, and left to feek their fortunes any where out of English protection. The poor Loyalifts should have had fome tract of land affigned to them, where they might have lived free from oppreffion, wanton cruelty, and refentment. His lordship feverely cenfured the boundaries as described in the preliminary articles, and imagined, that as the Americans had taken fuch care to fecure what they had negotiated for, they would in the end take all Canada into their hands. They had evi dently been too cunning for us in their negotiation. Why could not fome man from Canada, or refpectable Canadian merchant, who had been well acquainted with the country, have been thought of for the business which vir. Ofwald had been fent to negotiate? Dr. Franklin, Mr. Jay, and Mr. Laurens had been an over-match for him; he either did not know, or appeared ignorant how the country lay, that he had been granting away, as the bargain which he had made clearly indicated. The articles with France were full as exceptionable as thofe with America. The admiffion of that nation to a participation of the Newfoundland fifhery, was a piece of the most dreadful policy and conceffion that ever disgraced a negotiation. The very thing which reared us fo many fine feamen, was to be divided with that nation which was our natural enemy, and at all times inclined to difpute the fovereignty of the ocean with us. In the Eaft Indies the advantages allowed them were almoft as great. They were to be at liberty to make a ditch round Chandernagore, for the purpose of draining it. This might be an innocent thing enough; but fuppofe it was converted into a regular fortification and had ramparts; were these things beneath the confideration of Minifters? Such an inftance had occurred before; and the Eaft-India Company did, without ceremony, fill up the ditch; but now it was allowed by treaty, and the French would no doubt take the advantage of it. But ftill a more extraordinary thing than this was, the engagement entered into on the part of Great Britain, to procure a dependency round Pondicherry, which muft of course be taken by force of arms; fome nabob perhaps muft fubmit to its being wrefted from him.

The articles with Spain came next under his lordship's confideration. It was neceffary to cede them, fomething, and they had got Minorca. This his lordship was not forry for. He once trembled for the fate of Gibraltar. He was afraid

that