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that the peace will be of long duration. An hope of retaining Trincomale, would have been fome confolation for the conceffions we have made, and fome fecurity to us, in cafe of the war continuing; but that too is gone by the noble Lord's declaration; and though he tells us, the French are to evacuate the Cape, he has not faid, at what time that evacuation is to take place. If it is not to precede the ceffion we make, France may from thence recruit her forces, and establish a poft equally pernicious to us, and beneficial to her. That noble Lord has alfo fupported these articles, by the authority of the Eaft India Directors, who he fays, were confulted and approved; at the fame time, that he has drawn fuch a picture of their mifimanagement and ig norance of the interefts of the Company, as does not leave much authority to fuch an approbation. If any authority could, after this, remain to their opinion, it would be fit to know how much was communicated and explained to them. There are Directors, who fay all the articles were not shewn, and that to those that were, they ftated objections, which they were told would be removed, but which ftill remain,

A gloomy detail of advices from India, ftating the want of money and supplies, the bad condition of the government there, and the little hopes of a peace, with the Mahrattas, has also been stated as an apology for the terms given to France; but the noble Lord muft know, that he has only quoted the articles of charge fent home by the opponents of of Mr. Haftings, and that the fame packet brings counter advices from that gentleman, which ftate the very reverse, which is the true aecount. It is not eafy to decide, but it fees ftrange to adopt the bad ftate of our affairs in India, as an apology for fetting up the power of France in that country. The arguments would have been more convincing, if it could have been faid, that our revenues were fo ample, our alliances fo powerful, and our force fo great, and fo well conducted, that there was no occafion to fear the French intereft, and we might fafely admit them to their former freedom of trade. At one time, it is urged, that the conceffions are inconfiderable, and cannot hurt our interefts; at another, our weakness, it is faid, compelled us to admit them.

When we pafs from India to the coaft of Africa, there France to be out of the infult, has brought our trade entirely under her power, by infifting on both Senegal and Goree. If the Minifters had referred to the negotiations for the laft peace, they would have feen that France explicitly ftates,

that

that without the one of these places the trade in gum cannot fubfift. Neither of these establishments have any intrinfic value; they are an expence to the country poffeffed of them; but one is neceffary to fecure a participation of the trade, and on this principle, ftated by France, and admitted by us, they were then divided. Now they are united, our trade is held at the pleasure of France. The noble Lord confiders the trade as a small object, by ftating the value of the gum imported; but the want of it deftroys the two great branches of manufacture, that of the printed linens, and that of filks and gauzes, by which many thousands are fupported. If a war fhould break out, we must be deprived of it entirely, and in peace, we shall buy it at the French price.

The conclufion of all the terms with France is, that at a time when we had the command of the Weft-Indies, and the fole poffeffion of the Eaft, when we fhared the African coaft, and had excluded her from the fishery, when the preffure of the American war was relieved, and we had nothing to fear in Europe; we have reftored her to all her power, and given a controul and check upon us in every quarter of the globe.

The noble Lord, now at the head of the Admiralty, ftated, as the great benefit of this peace, that it gave time to prepare for war. This feemed to be the chief advantage he had discovered in it; even in this, if the treaty fails, for with fuch caufes of quarrel as may arife concerning the fishery, and in the Eaft-Indies, who will undertake to say, when or how long we fhall enjoy a respite from war.

Upon the treaty with Spain, what pretence could be fet up for the ceffion of Eaft Florida? Was the condition of that power fo fplendid, that it was neceffary to bribe her to grant us peace by an addition of that important fettlement to all the acquifitions fhe is allowed to retain.

Of all the parts of this treaty the provisional articles are the moft unworthy of a nation once refpectable; that it might be neceffary to admit the independence of America, he allowed, for without that neceffity admitted, those who made thefe articles could have no defence, their opinion having been often declared against it. America then being independent in all her thirteen ftates, and confidered merely as a power at war with Great-Britain, what was the known fituation of each at the time of the treaty? Britain poffeffed the ftrongest pofts on the coaft of America, all the back country, and the River St. Laurence; the fishery was

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entirely

entirely her's; a great part in the country uneafy at the continuance of the war, and diffatisfied with a new government; many zealoufly attached to our interefts.

All the pofts are given up; an immenfe extent of territory, the fur trade, the fishery, and, what is more than all the loffes of all the treaties, the faith and honour of the nation pledged to the thoufands who have been diverted and betrayed. This treaty ftands unparalleled in the hiftory of mankind. It fets out with a propofition that never yet found a place in any treaty, and that fubverts the very purpofe and end of every treaty. The preamble ftates in plain terms that advantage and convenience are the only foundation of peace between ftates; the principles of justice, the laws of nations, the faith of mutual compacts are then of no regard amongst ftates, when intereft and convenience are in view. The fequel of this introduction profeffes to arrange matters upon a principle of reciprocal, not partial advantage; and when we proceed in the articles, this reciprocity is to take all to America, and neither give nor fecure any thing to Britain. Under the colour of afcertaining a boundary, a country larger than Europe, fettled in many parts of it, full of nations who are under the alliance and protection of the crown, is transferred and done away without even the merit or the grace of making fo immenfe a ceffion. The coafts likewife are extended to twice their ancient limits, and with fo little attention, that part of the land and harbours of Nova Scotia is within the line of the American coaft. The fishery on the fhores retained by Britain, is in the next article not ceded, but recognized as a right inherent in the Americans, which though no longer British fubjects, they are to continue to enjoy unmolefted, no right on the other hand referved to British fubjects to approach their fhores, for the purpose of fishing in this reciprocal treaty.

Even in the article for the ceffation of hoftilities which in every treaty that ever yet was made is reciprocal, the period on our part commences immediately, on the part of the Americans, confifcation, profcription, imprisonment, and captures at fea, are not determined till after the ratification in America and the definitive treaty.

The articles refpecting debts and private rights are conceived in terms totally different from other treaties; why the plain and ufual language was dropped, and the articles penned in terms totally unintelligible, it is difficult to con

ceive,

ceive, unless it was, that the engagement on one fide should have no effect, which will not feem an unreasonable fufpicion to any one who confiders the frame of the fifth article.

That article has excited a general and juft indignation. For what purpofe could it have been inferted? Those whom it pretends to favour receive no benefit from it, for what is the purport of a recommendation? but to thofe the moft entitled to our regard, the brave and unhappy men who have not only given up their property, but expofed their lives in our cause, the distinction admitted to their prejudice is cruel and injurious indeed.

What is the defence set up for this article? That the Commiflioners or even Congrefs had no power to undertake farther, how true let the other articles teftify; but allow it true, why treat without fuller powers granted? Admit the neceffity of treating with perfons not fully empowered. Why not then omit an article fo useless and yet fo reproachful. But were there no means left to fecure a better article for the Loyalifts. Can it be forgot, that befides all other advantages yielded by the treaty our troops maintain the poffeffion of York Ifland, Staten Ifland, Long Ifland, the inhabitants are armed with us in defence of their own eftates, thefe eftates by recent acts have been confifcated; that when we evacuate thefe places, we fhall deliver up the houses, goods, even the perfons of our friends. If this were the capitulation of a befieged town, it would be fcandalous to furrender upon fuch terms. At the loweft ebb of distress, reduced, and almoft undone, the neceffity can hardly be conceived that should oblige a ftate to fubfcribe to an article evidently inferted for no other purpose than to blast for ever the hitherto-untainted honour of the nation. Francis the Firft vanquished and captive, wrote to his fubjects, every thing is loft bormis l'honneur, and the fpirit of that fentiment preferved his kingdom, and restored his fortune. If we had implored in this inftance the aid of France and Spain, the generofity of two great and refpectable ftates, would have interpofed in favour of the men we have deferted. The fidelity of the Loyalifts to their King and country, however obnoxious to the hoftile purfuit of America, while the war lafted could never have been felt by any honeft mind as a crime that excluded them from any conditions of peace.

In every treaty that has terminated a civil war, the articles of mutual forgivenets and reftoration have ever been the

eafieft

eafieft to fettle. The Catalonians, at the peace of Utrecht, though rebels to King Philip, were admitted to all the rights of the most favoured fubjects, the Caftillians; and even an abridgement of fome provincial privileges which they claimed, was imputed as an unjust desertion of them by the powers which had availed themselves of their infurrection. No war was ever more marked by perfonal animofity and party hatred than that carried on in Ireland after the abdication of James the Second, yet in the articles of Limerick, mere articles for the furrender of a town, there was no difficulty of admitting the moft favourable terms for the Catholics engaged against King William. In ancient or in modern hiftory there cannot be found an inftance of fo fhameful a defertion of men who had facrificed all to their duty, and to their reliance upon our faith. There is even an horrible refinement in the cruelty of the articles; they are told that one year is allowed them to folicit from the lenity of their perfecutors that mercy, which their friends neglected to fecure; to beg their bread of those by whom they have been ftripped of their all; to kifs the hands that have been dipt in the blood of their parents, and to obtain, if they can, leave to repurchase what they have no money to pay for.

No wonder that in a treaty where the principles of humanity are fo little regarded, a decent refpect for religion fhould have no place. In the territories ceded to Spain and France, the fubjects who may remain, are not fecured in the exercise of their religion. France fhewed more attention to her subjects in the laft treaty, nor could a toleration of the Proteftant religion have been refused in the countries ceded by us, had it ever been propofed. Can the reverend prelates give the fanction of their approbation to fuch neglect, or can any Lords approve by a public teftimony, articles framed upon fuch principles ?

He then faid it was too late, and he felt himself too much exhaufted to enter into any difcuffion of the queftion started upon the extent of the prerogative to cede the dominions of the crown. He thought it neceffary, however, as it had been maintained by Lord Shelburne juft to declare, that having confidered the queftion, he held a very different opinion, and knew it could be proved by the records of Parliament that no prerogative exifted in the crown to cede without the authority of Parliament any part of the dominions of the crown in the poffeffion of fubjects under the allegiance and at the peace of the King.

The

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