unknown to France, and known only to England and America; he did not defire to fee thefe articles; nay, to be candid, he would not even defire that Minifters fhould fay there were any fuch: In a word, all he wifhed to learn was, whether there was really a fubfifting treaty with America, which fhould furvive the prefent negotiations with France, though they should not end in a peace? This being a reasonable curiofity, he expected support in his motion, though he courted none: he did not know whether he might expect the fupport of the noble Lord in the blue ribbon, who, in a strange mode of reafoning, brought himself to vote with Minifters, because they did not agree with one another. If his motion fhould be adopted, the Houfe would then be able to judge for themfelves, whether the independence was, as he hoped it was, unconditional and irrevocable.-He then moved, "That an humble addrefs be prefented to his Majefty, that he will be graciously pleafed to order that there be laid before this Houfe, copies of fuch parts of the Provifional Treaty with America, as relate to the recognition of the independence of that country."

Lord John Cavendish feconded the motion, but without Lord John making any fpeech.

Cavendish.

Mr. T. Pitt role to move the order of the day. He neither Mr. T.Pitt. meant to deny the different opinions of Minifters, or to say that fuch difference was of no confequence; that he agreed in many of the arguments of the honourable gentleman which went to the propriety of producing the paper in proper time; but that he had not heard one argument to fhew the utility of producing it now, before peace or war was decided that if we fhould have peace, the having feen the paper would answer none of his purpofes, fince America was fatisfied with it, and we need not certainly be more American than the Americans themfelves. If the peace were rejected, it would then be time enough to examine the treaty, and put what fenfe we pleafed upon it; that the interfering in the exercife of the executive power, whilft treaties were depending, was of all others a right the Houfe fhould be the most cautious of exerting; that we knew already all that imported us to know in the prefent moment; that independency was given as the price of peace, and as fuch accepted by America; that fo far there was no difference of opinion; that the union he required in his Majefty's councils was an union in the fame object, and that he was happy to find, that after all the jealoufies of the fummer, even after the pledges of the refolutions of the

Q2

Houfe,

Lord Mahon.

Lord Mait-
Jand.

Houfe, and Sir G. Carleton's letter to perfuade us ftill that there was no fincerity of an intention to procure peace by the facrifice of American independence, the notification of a treaty actually figned had now put that fincerity out of doubt; that he knew little of the oath of a Privy Counsellor, which he had never taken; but that if the loofe conversations upon these topics were not a breach of oath from Minifters, it was at leaft a very great breach of difcretion; and that he had endeavoured to catch the eye of the Speaker thus early, merely that he might exhort or abjure the Minifters not to repeat that indifcretion, by fuffering one word more of explanation upon thofe fubjects to pass their lips, which could produce nothing but mifconftruction and perverfe mifreprefentations, pernicious at home, but much more fo in the courts of foreign nations. That when the work was compleated, they could not then refuse the papers that might be demanded, and to stand out in their juftification. That he felt a bias at this time, an honeft bias towards Government, and was fure fome of those on the oppofite fide of the Houfe, whofe purity and integrity he well knew, inuft have been actuated by motives they felt powerfully to get the better of the regret and pain they muft have felt in making a fchifm in that union, upon which the nation had founded all their hopes of profperity, at fo important and critical a conjuncture to their country.

Lord Mahon rofe to fecond Mr. Pitt's motion: He faid he had listened with aftonishment to the honourable Member who had made the motion for papers; for he had heard him milquote and mistake what had fallen from a noble Lord in another place; when that noble Lord took fhelter behind his oath, the question put to him was not relative to the nature of the recognition of the independence, but to the contents of the treaty. Mr. Fox had moved for that part only of the treaty which might fix an odium upon Minifters for furrendering the dominion of this country over America without any condition; becaufe whatever ftipulations there might be in the treaty in favour of England, they could not be produced, under the terms of his motion.

Lord Maitland spoke in favour of Mr. Fox's motion: He ftated the good effects that would follow the production of the papers moved for; the true meaning of the Provifional Treaty would be afcertained; and Parliament having once agreed to put a construction upon it, from which Minifters could never recede, the Minifters of foreign powers might

then

then treat with us with a confidence which they do not at present repose in the perfons who have the management of our affairs. A Secretary of State, in his eye, had faid, that if any one thing had retarded the peace more than another, it was a report induftrioufly propogated by fome perfons, of the duplicity of the noble Lord at the head of the Treasury; now the most effectual way to counteract that report, would be to produce the treaty; and fhew to all the world, if the treaty could fhew it, that the noble Lord was fincere and well-meaning.

hend.

Mr. Secretary Townshend just rofe to deny that he had ever Mr. Secre mentioned a report of the duplicity of the noble Lord; he tary Townf had, indeed, mentioned a report which he had heard, that the noble Lord was not fincere, and that by fuch a report, the peace had, perhaps, been retarded.

land.

Lord Maitland ftill adhered to the expreffion "Duplicity," Lord Maitwhich, as far as his memory could inform him, the Right Honourable Member had used.

Earl Nugent spoke against the motion for producing the Earl Natreaty; his Lordship ftated, that for fome years back, he had gent. feen the neceffity of recognizing the Independence of America; but those who were now fo forward to move for,, or at leaft recommend it, were formerly very backward on that head. He oppofed the motion, he faid, because it was unprecedented to call for articles of a treaty, pending a nego

tiation.

Mr. J. S. Cocks faid, that in fuch a moment as the prefent Mr. J. 3. we should have confidence in Minifters, and not call upon Cocks. them to report progrefs, fince it might materially affect the negotiations about which they were employed.

Lord North adverted with great humour to the advice which Lord North. Mr. Pitt had given to his Majefty's Minifters, and faid it was greatly to be lamented that his advice had come too late. To advife them to be filent, to be difcreet, to be more guarded, and not to tell their fecrets, was certainly good advice; and it was great pity that that advice fhould come after they had been guilty of all thefe things. The noble Lord indulged himfelf in a very free comment on the conduct of his Majefty's Minifters in that Houfe, and the other. It was very true, as had been ftated by Mr. Fox, that he was determined to vote to-night with Minifters, not because he agreed, but because he differed with them.-He differed with one part of them, and agreed with the other; he owned he should be better pleafed to be able to agree with them collectively, than

to

to agree with them partially; but as he could not do this, he muft take it as it really was, and give his confent to the motion which had been made for the order of the day, in the confidence that he fhould, at any rate, agree in this vote with the Minifters who fat on the Treafury Bench. His declaration, on a former day, that he difagreed with the explanation which had been given of the Provifional Articles, he ftill maintained. He did not think that that explanation was founded on the probable nature of the Treaty, and arguing, as he did, in the dark, he had examined the various and oppofite explanations, and had adopted that which agreed in his mind the moft with the official papers which were published on the point. The contradictions were, indeed, palpable, and fhewed that there were differences, of a very effential nature, in the Cabinet, which certainly muft have their effect on the Continent; but, ftill, though he agreed perfectly with the right honourable gentleman who made the motion, in the ftatement which he had given of the different opinions expreffed by the King's Ministers, yet he could not agree with him, that the prefent was the feafonable moment for the production of the Provifional Articles, or that his questions could be answered with perfect fafety. The noble Lord entered minutely into the examination of the different paffages in the King's Speech, in the letter of Mr. Secretary Townshend, and in the various explanations, which had been made, drawing from all these his conclufion, that though there were evident and moft palpable contradictions, ftill if the meaning could be at all drawn from the words, it was that the Provifional Articles were revocable, and by no means extended to the unconditional recognition of the Independence of America. In this difcuffion he was exceedingly facetious, and made many ludicrous and fevere comments on the conftruction and conduct of the Miniftry. He faid, he would rather take the edition of this matter, as they had it from the Throne, on royal paper, than all the fubfequent editions cum motis variorum which had been publifhed fince. By the very term Provifional, it was apparent that the Agreement was not abfolute and irrevocable. It could not be imagined that even the prefent contradictory Cabinet could have given to a Treaty, the appellation of Provifional, if it depended on no condition, if it was connected with no other circumftance which ferved to make it uncertain. If it depended on no contingency whatever, it would refemble an oath, not that oath of which they had heard fo much, the oath of a Privy

Counsellor,

Counsellor, but a lefs ferious oath, of which they must have all heard, and fome of them might have taken, the oath at Highgate, by which a man fwore, that he never would drink fmall beer when he could get ftrong, provided he did not like fmall beer beft; nor kifs the maid when he might kifs the miftress, provided always that he did not chufe the maid in preference. If it was a provifional treaty, that refembled this provifional oath, which carried its own abfolution with itself, then indeed it might be what fome of his Majesty's Ministers stated it to be, a full and abfolute recognition of American Independence; but if it was a provifional treaty, in the plain, unequivocal, and direct meaning and intent of the term provifional, then it was a Treaty, fuch as others of the King's Minifters had defcribed it to be, conditional, revocable, ftill pending, and by no means giving full and abfolute Independence to America. He faid, that it was a maxim among caluifts, that the opinion and aflertion of one grave and wellinformed Doctor, made a thing probable. Here then he had not only the opinion of one grave and well-informed Doctor, but of two; and therefore he was juftified, even on that ground, of entertaining it as a probable fact, that this Treaty was not abfolute and unconditional.

In more than one Conftitutional Society, explanations had been given different from those of the Minifters in that Houfe; and even in that night's debate, Gentlemen, who if not Minifters themselves, were nearly connected with them, and were at leaft within the wind of Miniftry.-Perfons who role to give fober and ferious advice to Minifters, had told the Houfe that this Treaty was certainly to be confidered as the price of peace. If then it was the price, and the price fhould be rejected, the Agreement muft in its evident nature, be at an end. In fhort, he was ftill of the mind which he declared himself to be fome time ago, that this Treaty was what it ought to be, in his opinion, and in that of a confiderable part of that House, a Treaty conditional and revocable.

Having faid this, he would give his reafon for voting against its production. It muft do harm by being laid on the table, and coming into difcuffion. It had been faid, that the contradictory opinions of the King's Minifters might be reduced to a clear and precife doctrine of the treaty, by being fubmitted to the wifdom of that Houfe. He did not think this. Surely the Cabinet was the place where fixed and unanimous opinions were to be expected. It was compofed of eleven men of great genius, immenfe wifdom, long experience, and determined