PRINCET ON. N. J. Part of the ADDISON ALEXANDER LIBB1RT, which was presented by Messrs. R. L. ani , a . Stuart. Case, Div lsior ■*' Sec .jO./T Bool-, n Digitized by the Internet Archive in 2011 with funding from Princeton Theological Seminary Library http://www.archive.org/details/appendixtohistor02bels APPENDIX TO THE HISTORY OP GREAT BRITAIN, FROM THE REVOLUTION, 1688 s TO THE TREATY OF AMIENS, a.d. 1802. BY WILLIAM BELSHAM. CONSISTING OF A SELECTION OF STATE PAPERS, ACCOMPANIED BY REMARKS AND ILLUSTRATIONS. IN TWO VOLUMES, VOL. II. LONDON: PltUTTE© TOR RICHARD PHILLIPS, 6, BRIDGE STREET, BLACKFRIARS-. 1807, Printed by B.M'Millan, ? Bow Street, CoTtnt Garden. S VOLUME THE SIXTH. Printed by B. M'Millan, ? Bow-Street, Covent-Oarden. > APPENDIX: CONTAINING STATE PAPERS AND AUTHORITIES, TO THE SIXTH VOLUME. PAPERS RELATIVE TO AMERICAN TAXATION A. D. 1765. ^I^HE project of taxing America either internally or externally for the express purpose of raising a reve- nue to be paid into the exchequer of Great Britain, was a novelty in politics and legislation in the highest degree bold, alarming-, and dangerous ; and the stamp act, of which the fatal effects were so clearly and accurately pre- dicted to Mr. Grenville, produced, immediately on the attempt being made to carry it into execution, the most dreadful disturbances. But that minister had been dis- missed from his office some months before the accounts of these commotions had reached England. From the vast variety of letters and papers containing those accounts, are selected the following interesting extracts. Boston, Aug. 15, 1765. — Yesterday morning, at break of day, was discovered hanging upon a tree, in a street in the town, an effigy, with an inscription shewing that it was intended to represent Mr. Oliver, the secretary, who had lately accepted the office of stamp distributor. * * * It now grew dark, when the mob, which had been gather- APPEND. VOL. VI. B 2 APPENDIX. ing all the afternoon, came down to the (own-house, bring- ing the effigy with them. Thence they went to a new build* ing lately erected by Mr. Oliver — this they called the stamp office, and pulled it down to the ground in five minutes. From thence they went to Mr. Oliver's house, before which they beheaded the effigy, and broke all the windows next the street. Then they carried the effigy to Fort-hill, near Mr. Oliver's house, where they burnt the effigy in a bonfire made of the timber they had pulled down from the building. Mr. Oliver had re- moved his family from his house, and remained himself with a few friends, when the mob returned to attack the house, Mr. Oliver was prevailed upon to retire, and his friends kept possession of the bouse. The mob find- ing the door barricaded, broke down the whole fence of the garden towards Fort-hill ; and coming on, beat in all the doors and windows of the garden front, and entered the house, the gentlemen there retiring. As soon as they had got possession they searched about for Mr, Oliver, declaring they would kill him. Finding that he had left the house, a party set out to search two neigh- bouring houses, in one of which Mr. Oliver was; but happily they were diverted from tins pursuit, by a gen- tleman telling them that Mr. Oliver was gone with the governor to the castle, otherwise he would certainly have been murdered. After eleven o'clock, the mob seeming to grow quiet, ihe lieutenant-governor, chief justice, and the sheriff, ventured to goto Mr. Oliver's house, to endeavour to per- suade them to disperse. As soon as they began to speak, a ringleader cried out " the governor and the sheriff! to vour arms, mv boys !" presently after a volley of stones followed, and the two gentlemen narrowly escaped through favour of the night. August 22. — It is difficult! to conceive the fury which at present possesses the people of Boston, of all orders and VOLUME VI. ft degrees of men. If a gentleman in common conversation signifies his disapprobation of this insurrection, his per- son is immediately in danger. August 3], — It is "with the utmost concern that I am obliged to continue the subject of my last letters. After the demolition of Mr. Oliver's house was found so practi- cable and easy, and that the government was obliged to look on without being able to take any one step to prevent it, and the principal people of the town publicly avowed and justified the act, the mob became highly elated. The lieutenant-governor had been apprised that there was an evil spirit gone forth against him ; but being conscious that he had not in the least deserved to be made a party in regard to the stamp act, or the custom-house, he rested in full security that the mob would not attack him ; and he was at supper with his family, when he received advice that the mob was coming to him. He immed lately sent away his children, and determined to stay in the house himself ; but happily his eldest daughter returned, and declared she would not stir from the house unless he went with her ; by which means she got him away, which was undoubtedly the occasion of saving his life. Every thing moveable was de- sf toyed in the most minute manner, except such things of value as were worth carrying off. But the loss to be most lamented is, a large and valuable collection of MSS. and original papers : as these related to the history and policy of the country, from the time of its settlement to the present time, and was the only collection of its kind, the loss to the public is great and irretrievable. It was now becoming a way of plunder, of general levelling, and taking away the distinction of rich and poor, so that those gentlemen who had promoted and ap- proved the cruel treatment of Mr. Oliver, became now as fearful for themselves, as the most loyal person in the to n could be. When first the town took this new turn, I was in hopes that they would have disavowed all the riotous pro- b2 4 APPENDIX. cecdings, those of the first night as well as the last. But it- is no such thing : great pains are taken to separate the two riots. What was done against Mr. Oliver, is still approved of as a necessary declaration of their resolu- tion not to submit to the stamp act; and even the cruet treatment of him and his family is justified by its conse- quences, the frightening him into a resignation; and it has been publicly hinted, that if a Hue is not drawn be- tween the first riot and the last, the civil power will not be supported by the principal people of the town, as it is assured it shall be now. So that the present authority of the government is only exercised upon condition, and with prescribed limitations. The accounts received from Pennsylvania, Virginia, and New York, were scarcely less alarming. Resolutions were passed by the provincial assemblies, disclaiming in the strongest terms the right of interior taxation, attempted now for the first time to be exercised by the parliament of Great Britain. The whole continent of America exhi- bited symptoms of the most dangerous irritation and inflammability. The state of things was evidently and universally tending to open hostility and civil Avar. The pride and obstinacy of the Grenville administration, being exactly commensurate with their incapacity and folly, no doubt can be entertained but that matters would quickly have been carried to the last extremity, had not a change in the government taken place, and the old ministers been superseded in office by a new and very opposite descrip- tion of men, whose wise, temperate, and wholesome counsels for a time, — a short and transitory interval in- deed, — -restored peace, order, and harmony, and sus- pended, though they could not avert the impending catavS- VOLUME VI. 9 trophe. Posterity will unquestionably be astonished at the strange infatuation, visible in all the measures of the British government, in the present reign, respecting Ame- rica, previous to the appointment, and from the period of the dismission of the Rockingham administration ; for the •passions and prejudices which were then predominant are hastening into oblivion. But new passions and new pre- judices will incite to fresh absurdities, accompanied by a new, train of mischiefs; and mankind will again be de- ceive', and lulled asleep by the same high-sounding phrases as before, of the honour and dignity of the crown, the just rights and authority of parliament, and the real welfare and essential interests of the people. At certain times and periods, reason and philosophy seem indeed to make some progress; but how short is their triumph! like the alternate ebb and flow of the sea, they lose upon, the whole as much as they gain ; and did not the immortal labours of a few great and transcendent geniuses stand as mighty mounds to guard the intellectual world against the inroads of error and of folly, there is cause to fear lest all traces of truth and even of common sense, should gradually be lost and swallowed up in one vast and fathom- less abyss ; and darkness once more cover the face of the deep. . On the first receipt of the intelligence relative to the colonial disturbances, Mr. secretary Conway addressed to the governors of the several provinces in North Ame- rica, the following circular letter : sir, London, October 24, 1765. It is with the greatest concern that his majesty learns the disturbances which have arisen in some of the North American colonies : if this evil should should to the government of ; where you preside, the utmost u3 '6 APPENDIX. exertion of your prudence will be necessary, so as justly to temper your conduct between that caution and coolness which the delicacy of such a situation may demand on the one hand, and the vigour necessary to suppress outrage and violence on the other. It is impossible at this distance to assist you by any particular or positive instruction, be-* cause you will find yourself necessarily obliged to take your resolution, as particular circumstances and emergen- cies may require. His majesty, and the servants he honours with his confix dence, cannot but lament the ill-advised intemperance shewn already in some of the provinces, by taking up a conduct which can in no way ■ contribute to the removal of any real grievance they might labour under ; but may tend to obstruct and impede the exertion of his majesty's benevolence and attention to the ease and comfort, as well as the welfare of all his people. It is hoped and expected that this want of confidence in the justice and tenderness of the mother-country, and this open resistance to its authority, can only have found place among the lower and more ignorant of the people. The better and wiser part of the colonies will know, that decency and submission may- prevail not only to redress grievances, but to obtain grace and favour ; while the outrage of a public violence can expect nothing but severity and chastisement. These sentiments you and all his majesty's servants, from a sense of your duty to, and a love of, your country, will endea- rour to excite and encourage. You will all in a particu- lar manner call upon them not to render their case despe- rate. You will in the strongest colours represent to them the dreadful consequences that must inevitably attend the forcible and violent resistance to acts of the British parlia- ment, and the scene of misery and calamity to themselves, and of mutual weakness and distraction to both countries, inseparable from such a conduct. If by lenient and persuasive methods you can contribute VOLUME VI. f to restore that peace and tranquillity to the provinces, on which depend their "welfare and happiness, yon will do a most acceptable and essential service to your country ; but Laving taken every step which the utmost prudence and le- nity can dictate, in compassion to the folly and ignorance of some misguided people, you will not on the other hand~iail to use your utmost power for repelling all acts of outrage and violence, and to provide for the maintenance of peace and good order in the province, by such a timely exertion of force as the occasion may require; for which purpose you will make the proper applications to general Gage, and lord Colville, commanders of his majesty's laud and naval forces in America. For however unwillingly his majesty may consent to the exertion of such powers as may endau* ger the safety of a single subject, yet he cannot permit his own dignity, and the authority of the British legislature to be trampled on by force and violence, -and in avowed contempt of all order, duty, and decorum . If the subject is aggrieved, he knows in what manner legally and constitutionally to apply for relief; but it is not suitable either to the safety or dignity of the British empire, that any individuals, under the pretence of re- dressing grievances, should presume to violate the public peace. On the 2Sth of January, 1766, the house of commons resolved itself into a committee of the whole house, to con- sider of the papers laid before them, relative to the dis- turbances in America, and also of the petitions presented from the merchants of London, and all the principal trading towns in the kingdom, representing the shock sus- tained by the commercial system, in consequence of the late measures, and entreating relief. The committee con. tinued sitting at intervals, till the 21st of Februarv. b4 8 APPENDIX. Among the persons ordered to attend upon this occasion, was the celebrated doctor Benjamin Franklin, who.,;' evi- dence being peculiarly interesting and important, an extract from it is here subjoined. Q. What is jour name, and place of abode ? A. Franklin, of Philadelphia. Q. Do the Americans pay any considerable taxes among themselves ? A. Certainly, many and very heavy taxes. Q. What are the present taxes in Pennsylvania, laid by the laws of the colony ? A. There are taxes on all estates real and personal ; a poll tax ; a tax on all offices, professions, tracks and bu- sinesses, according to their profits : an excise on all wine, rum, and other spirit; and a duty of 10/. per head on all negroes imported ; with some other duties. Q. For what purpose are those taxes laid ? A. For the support of the civil and military esta- blishments of the country, and to discharge the heavy debt contracted in the last war. Q. Are you not concerned in the management of the post office in America ? A. Yes. I am deputy post-master-general in North America. Q. Do you not think tlie distribution of stamps by post to all the inhabitants very practicable, if there was no opposition ? A. The posts only go along the sea coasts ; they do not, except in a few instances, go back into the country ; end if they did, sending for stamps by post would occa- sion an expense of postage, amounting in many cases to much more than that of the stamps themselves. Q. Are. not the colonies, from their circumstances, very able to pay the stamp duty ? VOLUME Vt 9 A. In my opinion, there is nol gold and silver enough in the colonics to pay the stamp duty for one year. Q. Do you think it right that America should be pro- tected by this country, and pay no part of the expense? A. That is not the case. The colonies raised, clothed and paid, duri" .;• the last war, near 25,000 men, and spent many millions. Q. Were you not re-imbursed by parliament ? A. We were only re-imbursed what in your opinion we hud advanced beyond out proportion, or beyond what mig ''t reasonably be expected froja us. Pennsylvania, in particular, disbursed about 500,000/. and the re-im- bursements, in the whole, did not exceed 60,000/. Q. Do you not think the people of America would submit to pay the stamp duty if it was moderated ? A. No ; never, unless compelled by force of arms. • Q. What was the temper of America towards Great Britain before the year 1763 ? A. The best in the world. They submitted willingly to the government of the crown ; and paid in all their courts obedience to acts of parliament. Numerous as the people are in the several old provinces, they cost you nothing- in forts, citadels, garrisons, or .armies, to keep them in subjection. They were governed by this country at the expense only of a little pen, ink, and paper. They were led by a thread. They had not only a respect but an affection for Great Britain, for its laws, its customs, and manners; and even a fondness for its fashions, that greatly increased the commerce. Natives of Great Bri- tain were always treated with particular regard. To be an Old England man, was of itself a character of som*' respect, and gave a kind of rank among us. Q. And what is their temper now ? A. Very mucli altered. Q. Did you ever hear the authority of parliament to make laws for America questioned till lately ? 10 APPENDIX. A. The authority of parliament was allowed to be valid in all laws except snck as should lay internal taxes. It was never disputed in laying duties to regulate com- merce. Q. In what light did the people of America use to con- sider the parliament of Great Britain? A. As the great bulwark and security, of their liberties and privileges, and always spoke of it with the utmost respect and veneration. Q. Have you not heard of the resolution of this house; and of the house of lords, asserting the right of parliament relating to America, including a power to tax the people there ? A. Yes, I have heard of such resolutions. Q. What will be the opinion of the Americans on those resolutions ? A. They will think them unconstitutional and unjust. Q. Was it an opinion in America before 1763, that the parliament had no right to lay taxes and duties there ? A. I never heard any objection to the right of laying duties to regulate commerce ; but a right to lay internal taxes was never supposed to be in parliament. Q. On what do you found your opinion, that the peo* pie in America made any such distinction ? A. I know that whenever the subject has occurred in conversation where I have been present, it has appeared to be the opinion of every one, that we could not be taxed in a parliament where we were not represented. But the payment of duties laid by act of parliament as regulations of commerce, was never disputed. Q. But can you name any act of assembly, or publiG act of any of your governments, that made such dist tinction ? A. There was never occasion to make any such act till the present attempt to tax us. That has occasioned re- solutions of assembly declaring the distinction, in which I VOLUME VI.' 11 think every assembly On the continent, and every member in every assembly, have been unanimous. Q, .Jut in case a governor, acting by instruction, should i ill on an assembly to raise the necessary supplies, an the assembly should refuse to do it, do you not think it v. ild then be for the gtfori of the people of the colony, as >, ell as necessary to government, that the parliament should tax them ? A. I do not think it would be necessary. Jf an assem- bly could possibly be so absurd as to refuse raising the supplies requisite for the maintenance of government among- them, they could not long remain in such a situa- tion ; the disorders and confusion occasioned by it must soon bring them to reason. Q. You say the colonies have always submitted to ex- ternal taxes, and object to the right of parliament o»dy in laying internal taxes : now can you shew that there is any kind of difference between the two taxes, to the colony oa whibh they may be laid ? A. I think the difference is very great. An external tax is a duty laid on commodities imported ; that duty is added to the first cost and other charges on the common dity, and when it is offered to sale, makes a part of the price. If the people do not like it at that price they re- fuse it; they are not obliged to pay it. But an internal tax is forced from the people without their consent, if not laid by their own representatives. ' Q. Considering the resolutions of parliament as to the right, do you think if the stamp act is repealed, that the North Americans will be satisfied? A. 1 think the resolutions of right will give them very little concern, if they are never attempted to be carried into practice. The colonies will probably consider them- selves in the same situation, in that respect, with Ireland. They know you claim the same right with regard to Ire- land, but you never exercise it. It APPENDIX. Q. Can any thing less than a military force carry the stamp act into execution ? A. I do not see how a military force can be applied to that purpose. Q. Why may it not ? A. Suppose a military force sent into America, they -will fmd nobody in arms : what are they then to do ? They cannot force a man to take stamps, who chuses to do without them. They will not fmd a rebellion. They may indeed make one. Q. Suppose an act of internal regulations connected with a tax, how would they receive it ? A. I think it would be objected to. Q. Then no regulation with a tax would be sub- mitted to ? A. Their opinion is, that when aids to the crown are wanted, they arc to be asked of the several assemblies, ac- cording to the old established usage, who will, as they have always done, grant them freely ; and that their money ought not to be given away without their consent, bj persons at a distance, unacquainted with their cir- cumstances and abilities. • Q. But is not the post office, which they have long received, a tax as well as a regulation ? A. No: the money paid for the postage of a letter is not in the nature of a tax ; it is merely a quant ion meruit for a service done. No person is compellable to pay the money, if he does not ch use to receive the service. Q. Would the people of America live without the ad- ministration of justice in civil matters, and suffer all the inconveniences of such a situation for any considerable time, rather than take the stamps, supposing the stamps were protected by a sufficient force, Avhere every one might have them ? ■A, I think the supposition impracticable, that the VOLUME VI. 13 stamps should be so protected as that every one might have them. Q. But in places where they could be protected, would not the people use them, rather than remain in such a situation, unable to obtain any right, or recover by law any debt? A. It is hard to say what they would do. I can tn\]y judge what other people will think, and how they will act, by what I feel within myself. I have debts due to me in America, and I had rather they should remain un- recoverable by law than submit. to the stamp act. Q. If the stamp act should be repealed, would not the Americans think they could oblige the parliament to re- peal every external law now in force ? A. It is hard to answer questions, what people at such a distance will think. Q. But what do you imagine they will think were the niotives of repealing the act ? A. I suppose they will think it was repealed from a conviction of its inexpediency. Q. What do you mean by its inexpediency ? A. 1 mean its inexpediency on several accounts: the poverty and inability of those who were to pay the tax ; the general discontent it has occasioned ; and the imprac- ticability of enforcing it. Q. li' the act should be repealed, would the colonics acquiesce in the authority of the legislature ? What is your opinion ? A. I don't doubt at all, that if the legislature repeal the sj.amp act, the colonies will acquiesce in their authority. Q. But if the legislature should think fit to ascertain its right to lay taxes by any act, laying a small tax contrary to their opinion, would they submit to pay the tax ? A. An internal tax, how small soever, laid by the legis- lature here upon the people there, will never be submitted J 4 APrENDlX. to. They will oppose it to the last. They do not con- sider it as at all necessary for you to raise money on them by your taxes, because they are, and always have been, ready to raise money by taxes among themselves, and to grant large sums, equal to their abilities, upon requi- sition from the crown. They have not only granted equal to their abilities, but during all the last war far boyond their abilities, and bejond their proportion with ibis country, you yourselves being judges. Every j^ear the king sent down to the house a written message to this purpose, that his majesty bring highly sensible of the zeal and vigour with which his faithful servants in North America had exerted themselves in defence of his ma- jesty's just rights and possessions : recommended it to the house to take the same into consideration, and enable him to give them a proper compensation. You will find those messages on your own journals every year of the war to the very last ; and you did accordingly give 200,000/. annually to the crown, to be distributed in such compensation to the colonies. Q. Do you think the assemblies have a right to levy money on the subject there, to grant to (he crown ? A. I certainly think so — they have always done it. Q. When money has been raised in the colonies upon requisitions, has it not been granted to the king > A. Yes, always; but the requisitions have generally been for some service expressed, as to raise, clothe, and pay troops, and not for money only. Q. lithe stamp act should be repealed, and the crown should make a requisition to the colonies for a sum of money, would they grant it ? A . T believe they would. Q. Why do you think so ? A. I can speak for the colony I live in; I had it in insi ruction from the assembly, to assure the ministry that as they always had done, so they should always thiiilt it VOLUME VI. is their duty, to grant such aids to the crown as were suit- able to their circumstances and abilities, whenever called upon for the purpose in the usual constitutional manner ; and I had the honour of communicating this instruction to that honourable gentleman (Mr. George Grenville), then minister. Q. Would they do this for a British concern, as sup- pose a war ia some part of Europe that did not affect them? A. Yes, for any thing that concerned the general interest. They consider themselves as a part of the whole ? Q. Don't you know that there ia in the Pennsylvania?! charter an express reservation of the right of parliament to lay taxes there ? A. 1 know there is a clause in the charter, by which the king grants that he will levy no taxes on the inhabitants, unless it be with the cousent of the assembly, cr by an act of parliament. Q. How then could the assembly of Pennsylvania assert, that laying a tax upon them by the stamp act was an in- fringement of iheir rights ? A/ They understand it thus — by the same charter, and otherwise, they are entitled to all the privileges and liber- ties of Englishmen. They find in the great charters, and the petition and declaration of rights, that one of the pri- vileges of English subjects is, that tbey are not to be taxed but by their common consent. They have there- fore relied upon it from the first settlement of the pro- vince, that the parliament never would, nor could, by* colour of that clause in the charter, assume a right of taxing them, till it had qualified itself to exercise such right by admitting representatives from the people to be taxed, who ought to make a part of that common consent. T<5 t APPENDIX. Q. Are there any words in the charter that justify this construction ? A. The common rights of Englishmen, as declared by magna charts, and the petition of right, all justify it. Q. Does the distinction between internal and external taxes exist in the words of the charter I A. No, I believe not. Q. Then may they not by the same interpretation object to the parliament's right of external taxation ? A. They never have hitherto : many arguments have been lately used here, to shew them that there is no difference, and that if you have no right to tax them internally, you have none to tax them externally, or make any other law to bind them. At present they do not reason so ; but in 'time they may possibly be convinced by these arguments. Q. If the stamp act should be repealed, would it induce the assemblies of America to acknowlege the right of parliament to tax them, and would they erase their re- solutions ? A. No, never. Q. When did you receive the instructions you men- tioned ? A. I brought them with me when I came to England, about fifteen months since. Q, When did you communicate that instruction to the minister ? A. Soon after my arrival, while the stamping of Ame- rica was under consideration, and before the bill wa» brouirht in. VOLUME VI. 17 After vehement debates, the act repealing the stamp act, accompanied by the declaratory act, passed both houses, and received the royal assent; which happy event was notified by the following excellent LETTER FROM MR. SECRETARY CONWAY, TO FRANCIS BERNARD, ESQ. GOVERNOR OF THE PROVINCE OF MASSACHUSETTS RAY, A.D. 1766. Si. James's,, March 31, 1766. SIR, Herewith I have the pleasure of transmitting to you the copy of two acts of parliament just passed ; the first, for securing the just dependency of the colonies on the mother country — the second, for the repeal of the act of the last session, granting certain stamp duties in Ame- rica ; and I expect shortly to send you a third, for the indemnity of such persons as have incurred the penalties imposed by the act just repealed, as su,Ch bill is now de- pending, and has made a considerable progress in the house of commons. The moderation, the forbearance, the unexampled le- nity and tenderness of parliament towards the colonies, which are so signally displayed in those acts, cannot but dispose the province committed to your care to the return of chearful obedience to the laws and legislative autho- rity of Great Britain, and to those sentiments of respect- ful gratitude to the mother country, which are the na- tural, and I trust, will be the certain effects of much grace and condescension, so remarkably manifested on the part of his majesty and of the parliament. And the future happiness and prosperity of the colonies will very APPEND. VOL. VI. C 18 APPENDIX. much depend on the testimonies they shall now give of these dispositions. For, as a dutiful and affectionate return to such peculiar proofs of indulgence and affection may now, at this great crisis, be a means of fixing the mutual interests and inclinations of Great Britain and her colonies on the most firm and solid foundations, it cannot but appear visi- ble, that the least coolness or unthankfulness, the least murmuring- or dissatisfaction, on any ground whatever of former heat, or much prevailing prejudice, may fa- tally endanger that union, and give the most severe and affecting blow to the future interest of both countries. You would think it scarce possible, I imagine, that the paternal care of his majesty for his colonies, or the le- nity and indulgence of the parliament, should go further than I have already mentioned; yet so full of true mag- nanimity are the sentiments of both, and so free from the smallest colour of passion or prejudice, that they seem not only disposed to forgive, but to forget those most un- deniable marks of an undutiful disposition, too frequent in the late transactions of the colonies, and which, for the honour of these colonies, it were to be wished, had been more discountenanced and discouraged by those who hajd knowledge to conduct themselves otherwise. A revision of the late American trade laws is going to be the immediate object of parliament ; nor will the late transactions there, however provoking, prevent, I dare say- the full operation of that kind and indulgent dis- position prevailing both in his majesty and parliament, to give to the trade and interests of America every relief which tlnj true state of their circumstances demands or admits. Nothing will tend more effectually to every conciliating' purpose, and there is nothing therefore I have in com- mand more earnestly to require of you, than that you should exert yourself earnestly in recommending it strongly to the assembly, that full and ample compensation be VOLUME VL 19 made to those who, from the madness of the people, have suffered for their deference to the acts of the British legis- lature. And you will be particularly attentive that such persons be effectually secured from any further insult, and that, as far as in you lies, you will take care, by your ex- ample and influence, that they may be treated with that respect to their persons, and that justice in regard to all their pretensions, which their merits and sufferings un- doubtedly claim. The resolutions of the house of commons, which by his majesty's commands I transmit to you to be laid before the assembly, will shew you the sense of that house on these points : and I am persuaded it will, as it most cer- tainly ought, be the glory of that assembly to adopt and imitate those sentiments of the British parliament, founded on the clearest principles of humanity and justice. I must mention the one circumstance in particular that should recommend those unhappy people whom the out- rage of the populace has driven from America, to the af- fection of all that country ; which is, that unprovoked by the injuries they had suffered to a forgetfulness of what they owed to truth and their country, they gave their testimonies with knowledge, but without passion or prejudice; and those testimonies had, I believe, great weight in persuading the repeal of the stamp act. I have only to add, which I do with great pleasure, that every part of your conduct has had the entire and hearty approbation of your sovereign ; and that the ju- dicious representations in favour of your province, which appear in your letters, laid before both houses of parlia- ment, seem to have their full weight in all those parts of the American interests to which they relate. And as his majesty honours you with his fullest approbation both for the firmness and temperance of your conduct, so I hope your province will cordially feel what they owe to the c2 20 APPENDIX. governor, wliom no outrage could provoke to resentment nor any insult induce to relax in his endeavours to per- suade his majesty to shew his indulgence and favour even to the offending part of his people. I am, 6cc. &c. SPEECH OF GOVERNOR BERNARD TO. THE GENERAL ASSEMBLY OF M ASS ACUUSETT's BAY , J UNE 3, 1766. Of the following speech it may be remarked, that it affords but a very unfavourable specimen of sir Francis Bernard's talents for government. The dispatches of general Conway, at this time secretary of state, to the several American governors, and in particular to governor Bernard, were wise, firm, and temperate, breathing the genuine spirit of conciliation; whereas this prolix speech of the governor contains many invidious and useless, if Dot groundless censures and reproaches ; many expressions calculated to excite irritation and resentment ; utterly de- stitute of the least shadow of warrant from the secretary's letter. This injudicious speech drew from the assembly an angry and petulant reply ; and laid the foundation of that sort of acrimonious altercation, which is no less incon- sistent with the dignity than the harmony of government, and from which all wise statesmen, carefully and solicit- ously refrain. Gentlemen of the Council, and Gentlemen of the House of Representatives, I have received a letter from the right honourable Mr. secretary Conway, inclosing two acts of parliament ; the one, securing the dependency of the colonies on the mo- ther country ; and the other, for the repeal of the stamp act. At the same time lie is pleased to signify what his VOLUME VI. 21 majesty and his parliament expect from the colonies in re- turn for the indulgences shewn to them. I am also or- dered to recommend to you, that full and ample compen- sation be made to the late sufferers by the madness of the people. And for that purpose, I am directed to lay before you the rotes of the house of commons, expressing their sense upon that subject ; whose humanity and justice it is hoped it will be your glory to imitate. The whole of this letter is conceived in such strong patriotic and conclusive terms, that I shall not weaken it by a representation of my own, other than this short recapitulation necessary to in- troduce what I have to say on the subject. I cannot but lament that this letter did not arrive before the meeting of the general court. If it had, I flatter my- self it would have prevented a transaction which must now be more regretted than ever. 1 mean your excluding from the king's council the principal crown officers, men not only respectable in themselves, for their integrity, their abilities, and their fidelity to their country, as well as to their king, but also quite necessary to the administration of government in the very station from which you have displaced them. By this you have anticipated the ex- pectations of the king and parliament, and disappointed them before they have been communicated to you. it is not now in your power, in so full a manner as will be expected, to shew your respectful gratitude to the mother country , or to make a dutiful and affectionate return to the indul- gence of the king and parliament. It must and will be understood, that these gentlemen arc turned out for their deference to acts of the British legislature. Whilst this proceeding has its full effect, you will not, you cannot avoid being chargeable with unthankfulness and dissa- tisfaction on ground of former heat and prevailing preju- dice. It is impossible to give any tolerable colouring to this proceeding; if it should be justified by asserting aright p3 22 APPENDIX. that is, a legal power to chuse whom you please without regard to any considerations whatsoever, the justification itself will tend to impeach the right. But if your right is ever so absolute, the distinction between a right, and the propriety of exercising it, is very obvious ; as this distinction has lately been used with great effect to your own interest. Next to wishing that this had never hap- pened, it is to be wished that some measures might be found to draw a veil over it, or at least to palliate it, and prevent its bad effects; which surely must be very hurt- ful to this province, if it should be maintained and vindi- cated. If any expedients can be found out for this purpose, I will heartily concur in them ; and in general I will make the best use of all means which you shall put into ray hands, to save the credit of the province upon this unhappy emergency : and I will set oft' to the best advantage I can, all other methods which you shall take to demonstrate those sentiments which are expected from you, in the most effec- tual manner. Gentlemen of the House of Representatives \ The requisition contained in this letter is of a most sin- gular nature, and the only one of the kind that I have known since I have served his majesty in America. It is founded upon a resolution of the house of commons, formed after a full consideration of the matter, and represented to his majesty by the address of that house. The justice and humanity of this requisition is so forcible, that it cannot be controverted ; the authority with which it is introduced should preclude all disputation about complying with it. I hope therefore you will add to the merit of compliance, by the readiness of it, and assume to yourself the honour which now offers itself, of setting the first example of gra- titude and dutiful affection to the king and parliament, by giving those proofs of it which are now pointed out to you. I must observe, that it is from the provincial assem- VOLUME VI. 23 ( bly that the king and parliament expect this compensa- tion should be made to the sufferers, without referring them to any other persons whatsoever. Who ought finally to be charged with this expense, maybe a proper conside- ration for you, and I shall readily concur with you in your resolutions thereon, after the sufferers have been fully satisfied. Gentiemep, Both the business and the time are most critical ; and let me entreat you to recollect yourselves, and consider well what you are about. When the fate of the province is put in a scale, which is to rise or fall according to your present conduct, will you suffer yourselves to be influenced by party animosities or domestic feuds ? Shall this fine country be ruined, because every person in the govern- ment has not been gratified with honours or offices accord- ing to the full of his pretensions ? Shall the private inte- rests, passions, or resentments of a few m.'n, deprive this whole people of thf great and manifold advantages which the favour or indulgence of their sovereign and his parlia- ment are even now providing for mem ? There never was at any time whatsoever, so fair a prospect of the improve- ment of the peace and welfare of this province as is now opening to you. Will you suffer this pleasant view to be intercepted or over-clouded by the ill-humours of parti- culars ? Whin wealth and happiness are held out to you, will you refuse to accept of them ? Surely after his ma- jesty's commands are known, and the terms in which they are signified Avell considered, the. very persons who have created the prejudices and prepossessions which 1 now en- deavour to combat, will be the first to remove them, and prevent their ill effects. It is now declared that such is the magnanimity of the king and his parliament, that they seem disposed not only to forgive, but to forget those unjustifiable marks of an undnti- c 4 24 APPENDIX. ful disposition too frequent in the late transactions of the colonies. It is my desire to render this grace as beneficial and extensive within this province as it can well be made. But it must be expected, that whosoever intend to take the benefit of it, should entitle themselves to it by a departure from that offensive conduct w hicli is the object of it. Here then will it be necessary to draw aline to distinguish who are, and who are not tiie proper objects of the gracious inten- tions of the king- and parliament. And if after this prof- fered grace, any person should go beyond this line, and still endeavour directly ? or indirectly, to foment a division between Great Britain and her colonies, and prevent that connexion of policy and union of interests, which are now in so fair a way of being established to perpetuity ; surely that man will have much to answer for to both countries, and will probably be called to answer. But I hope it will not be so, not in a single instance; but that every person, even they who have given the greatest offence, will embrace this opportunity to restore peace to their country, and obtain indemnity for them- selves. And all such who shall really desire to recommend themselves to the king's government, either at home or here, may assure themselves, that without a future delinquency, every thing past will, as far as it con, be buried in total oblivion. No one can suspect me of want of sincerity in making this declaration, as too ready a forget fulness of injuries hath born said to be my weakness ; however,- it is a failing I had rather suffer by, than be without. I have spoke to you with sincerity, openness and ear- nestness, such as the importance of the subject deserves. When the fate of the province seems to hang upon the result of your present deliberations, my anxiety for the event I hope will make my warmth excusable. If I have let drop any word which may seem severe or unkind, let the cause I am engaged in apologize for it : and where the intewtion is upright, judge of what I say, not by detached VOLUME VI. 25 morels and syllables, but by its general purport and meaning. I have always been desirous of cultivating a good understanding with you : and when I r> collect the former happy times, -when I scarce ever met the general court witkput giving and receiving testimonies of mutual approbation, I cannot but regret the interruption of that pleasant intercourse, by the successful artifices of design- ing men, enemies to the country as well as to me. But now that my character for affection to the province and attention to its interests is confirmed by the most authentic testimonials, I hope that at the same time you renew your duty to the king, you will resume a confidence in his representative. ADDRESS OF THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS BAY TO GOVERNOR BERNARD, JUNE 5, 1766. May it please your Excellency, The house have fully considered your excellency's speech of the 3d inst., and beg leave to observe, that as on the one hand no consideration shall ever induce us to remit in the least of our loyalty and gratitude to the best of kings, so on the other, no unprovoked asperity of expression on the part of your excellency, can deter us from asserting our undoubted charier rights and privi- leges. One of the principal of those is, that of annually choosing his majesty's council for this province. Had the most excellent letter from one of his majesty's principal secretaries of state, which has been communi- cated to the house, arrived sooner, it could not have pre- vented the freedom of our elections ; nor can we, on the strictest examination of the transactions of the day of our general election, so far as the house was concerned, dis- 26 APPENDIX. cover the least reason for regret. So long as we shall have our charter privileges continued, we must think ourselves inexcusable if we should suffer ourselves to be intimidated in the free exercise of them. This exercise of our rights can never with any coloar of reason be adjudged an abuse of our liberty. Lest we should be at a loss for the proceedings and transactions which have given your excellency so much uneasiness, you have been pleased to inform us in express terms, that you mean the excluding from the king's council the principal crown officers, men not only re- spectable in themselves for their integrity, their abilities, and their fidelity to their country, as well as to their king, but also quite necessary to the administration of govern- ment in the very station from whence we have displaced them. Had your excellency thought fit to have favoured us with your sentiments and opinion of the candidates, previous to the election, it could not have more arrested our attention as a breach of our privileges ; and it would surely be as proper to give intimations of this kind before, as now the business is past a remedy for this year at least. The assembly of another year will act for them- selves, or under such influence and direction as they may think fit. The two crown officers who were of the honourable board last year, and not chosen this, are the lieutenant-governor and secretary. The other gentlemen of the board last year, who are not chosen this, hold only provincial commissions. This province has sub- sisted and flourished, and the administration of government has been carried on here entirely to the royal approba- tion, when no crown officers had a -seat at the board, and we trust this may be the case again. We find not in the secretary of state's letter the least intimation, that it was expected by his majesty, or his ministry, that we should elect into his majesty's council, the principal, or indeed any other crown officers. For any thing that appears ia VOLUME VI. 27 fhe letter, we are left entirely to the exercise of our own judgment, and best discretion, in making our elections agreeably to the royal charter. If it is not now in our power, in so full a manner as will be expected, to shew our respectful gratitude ' to the mother country, or to make a dutiful affectionate return to the indulgence of the king and parliament, it shall be no fault of ours: for this we intend, ana hope we shall be able fully to effect. We cannot persuade ourselves that it must, and will be understood, that those gentlemen were turned out, as your excellency is pleased to express it, for their deference to acts of the British legislature. We have given the true reason of this proceeding in our answer to your excel- lency's first speech of this session. We are under no ap- prehension, that when the true grounds and reasons of our proceedings shall be known, and candidly considered, we shall be in the least degree chargeable with unthank- fiilness, and dissatisfaction, on ground of former heat and prevailing prejudice, or on any other ground. Your excellency says, it is impossible to give any to- lerable colouring to this proceeding. The integrity and uprightness of our intentions and conduct are such, that no colouring is requisite, and therefore we shall excuse ourselves from attempting any. We hold ourselves to be quite free in our suffrages, and provided we observe the directions of our charter, and the laws of the land, both which we have strictly adhered to, we are by no means accountable, but to God, and our own consciences;, for the manner in which we give them. We believe your excellency is the first governor of this pro- vince that ever formally called the two houses of as- sembly to account for their suffrages, and accused them of ingratitude and disaffection to the crown, because they had not bestowed them upon such persons as, in the opinion of the governor, were quite necessary 28 APPENDIX. to the administration of government. Had your, excel- lency been pleased, in season, to have favoured us with a list, and positive orders whom to choose, we should, on your principles, have been without excuse. But even the most abject slaves av.e not to be blamed for disobeying their master's will and pleasure, when it is wholly un- known to them. Your excellency says, " If it should be justified by as- serting a right, that is, a legal power to choose whom we please without regard to any considerations whatever, the justification itself will tend to impeach the right." We clearly assert our charter rights of a free election ; but for your excellency's definition of this right, viz. " a legal power to choose whom we please without regard to any considerations whatever," we contend not. We made our elections after the most mature and deliberate con- sideration, and had special regard to the qualifications of all the candidates, and, all circumstances considered, chose those we judged most likely to serve his majesty and promote the welfare and prosperity of his people. We cannot conceive how the assertion of our clear charter rights of free election, can tend to impeach that right or charter. We would hope that your excellency does not mean openly and publicly to threaten us with a deprivation of our charter privileges, merely for exer- cising them according to our best judgment and discre- tion. As dear to us as our charter is, we should think it of very little value, if it should be adjudged that the sense and spirit of it require the electors should be under the absolute direction and controul of the chair, even in giving suffrages ; for whatever may be our ideas of the wisdom, prudence, mildness, and moderation of your administration, and of your forgiving spirit, yet we are not sure your successor will possess those shining virtues. We are very sensible, that be our right of election eve? VOLUME VI. 2g so clear and absolute, there is a distinction between a right, and the propriety of exercising it. This distinc- tion we hope will apply itself with full force and all its advantage, to your excellency's reluctant exertion of the prerogative, in disapproving six of the gentlemen chosen by the two houses of assembly ; but this being a matter of discretion, is solely within your excellency's breast, and we are taught by your just distinction, that such is the gift of our suffrages. It therefore gives us great pain to have our discretion questioned, and our public conduct thus repeatedly arraigned. . Your excellency has intimated your readiness to con- cur with us in any palliative or expedient to prevent the bad effect of our elections, which you think must surely be very hurtful to the province, if it should be maintained and vindicated. But as we are under no apprehensions of any such effects, especially when we reflect on the ability and integrity of the council your excellency has approved of, we beg leave to excuse ourselves from any unnecessary search after palliatives or expedients. We thank your excellency for your kind assurances of using all means to save the credit of this province: but we conceive, that when the true state of the province is represented and known, its credit can be in no kind of danger. The recommendation enjoined by Mr. secretary Conway's letter, and in consequence thereof made to us, we shall embrace the first convenient opportunity to con- sider and act upon. In the mean time we cannot but ob- serve, that it is conceived in much higher and stronger terms in the speech than in the letter. Whether in thus exceeding, your excellency speaks by your own autho- rity or a higher, is not with us to determine. However, if this recommendation , which your excel- lency terms a requisition, be founded on " so much justice and humanity that it cannot be controverted j" if iC the 30 APPENDIX. authority with which it is introduced should preclude all disputation about complying with it," we should be glad to know what freedom we have in the case? In answer to the questions which your excellency has proposed with so much seeming emotion, we beg leave to declare, that we will not suffer ourselves to be in the least influenced by party animosities or domestic feuds, let them exist where they may ; that if we can possibly pre- vent it, this iine country shall never be ruined by any per- son ; that it shall be through no default of ours, should this people be deprived of the great and manifest advan- tages which the favour and indulgence of our most gra- cious sovereign and his parliament are even now providing for them. On the contrary, that it shall ever be our highest ambition, as it is our duty, so to demean ourselves in public and in private life, as shall most clearly demon- strate our loyalty and gratitude to the best of kings, and thereby recommend this people to further gracious marks of the royal clemency and favour. With regard to the rest of your excellency's speech, we are constrained to observe, that the general air and style of it savours much more of an act of free grace and pardon, than of a parliamentary address to the two houses of assembly ; and we most sincerely wish your excellency had been pleased to reserve it, if needful, for a procla- mation. In the session of 1767, the fatal project of taxing Ame- rica was revived by the new chancellor of the exchequer, Mr. Charles Townsbend, whose subtile genius first de- mised, and whose eloquence, with deceitful plausibility, maintained the distinction between taxing the Americans internally and externally, for the purpose of revenue. From VOLUME VI. 31 that period the political aspect of affairs became daily more threatening throughout the continent. And upon all oc- casions the province of Massachusetts Bay appeared to stand foremost in vindication of those rights and liberties which they considered as unjustly and dangerously at- tacked, and which they were fully determined, if neces- sary, to expend the last drop of their blood in order to defend. The resolution taken by the court of London in 1768, to station a military force in the vicinity of Boston, ex- cited the most indignant emotions of anger and resent- ment. The system of oppression under which they felt themselves fettered and enthralled was now, as it seemed, to be openly supported, and finally established by the power of the sword . On the 12th September, 176S, a general meeting was convened, of the freeholders and other principal inha- bitants of the town of Boston, at Faneuil-hall, of which Mr. James Otis was chosen moderator. The meeting being opened with prayer by the reverend doctor Cooper, the following votes unanimously passed : That it having been reported in this town meeting, that his excellency the governor has intimated his apprehen- sions that one or more regiments of his majesty's troops are daily to be expected here — the honourable Thomas Cashing, Esq. Mr. Samuel Adams, Richard Dana, Esq. Benjamin Kent, Esq. and Dr. Joseph Warren, be a committee io wait upon his excellency, humbly request- ing that he would be pleased to communicate to the town the grounds and assurances he may have thereof. That the following petition be presented to his excel- lency the governor,; the committee appointed for that purpose being directed humbly to request his excellency to favour the town with an immediate answer. 32 APPENDIX, TO HIS EXCELLENCY FRANCIS BERNARD, ESQ. May it please your Excellency, The inhabitants of the town of Boston, legally assem- bled, taking into consideration the critical state of the pub- lic affairs, more especially the present precarious situation of our invaluable rights and privileges, civil and reli- gious, most humbly request that your excellency would be pleased forthwith to issue precepts for a general assembly to be convened with the utmost speed, in order that such mea- sures may be taken, as in their wisdom they may think proper, for the preservation of our said rights and pri- vileges, &c. A committee was also appointed to take the state of public affairs into consideration, and to report the mea- sures they apprehended most salutary to be taken in the present emergency. The answer of the governor to the request and petition of the meeting was as follows : Gentlemen i My apprehensions that some of his majesty's troops are io be expected in Boston, arise from information of a pri- vate nature : 1 have received no public letters notifying to me the coming of such troops and requiring quarters for them ; whenever I do, I shall communicate itieiu to his majesty's council. The business of calling another as- sembly for this year is now before the king, and I can do nothing in it until I receive his majesty's commands. VOLUME VI. 33 The committee appointed to take the state of public affairs into consideration, made a report on the 13th Sep- tember, containing the following resolves : That the levying money within this province for the use and service of Die crown, in other manner than the same is granted by the great and general court or assem- bly of this province, is in violation of the royal charter, and the undoubted rights of British subjects. And, that the raising or keeping a standing army in this province without their consent in person, or by representatives of their own free election, would bo an infringement of their natural, constitutional, and chartered rights. The question being put, whether the same shall be ac- cepted and recorded, it passed unanimously in the affir- mative. And furthermore, as his excellency the governor had declared himself unable, at the request of this town, to call a general court, which is the assembly of the states of this province, for the redress of grievances, it was with the same zeal and unanimity voted, That the select men be directed to write to the several towns within the province, proposing that a convention be held at Fancuil-hall, in Boston, on the 22d Septem- ber instant. Resolutions also at the same time passed, recommending to the householders throughout the provinces to provide themselves, agreeably to an existing law, with fire-arms, &c. in order to be prepared against any sudden danger— and directing the select men to wait upon the several mi- nisters of the gospel within the town, being of opi- nion, as they expressed themselves, that it greatly behoves a people professing godliness, to address the Supreme Ruler of the world, on all occasions, for that wisdom which is profitable to direct, desiring that the next Tuesday may be set apart, as a day of fasting and prayer. . .APPEND. VOL. VI. D 34 APPENDIX. On the; 25J of September, 17G8, the convention thus irregularly summoned, assembled at Faueuil-hall, dele- gated from sixty-six, afterwards increased to ninety-eight towns of the provinces, besides districts. Their debates and proceedings were open, and in a short time they agreed upon the following petition to his excellency the governor. May it please your E.reel/enry, The committee chosen by the several towns in this pro- vince, and now convened in Boston, to consult and advise such measures as may most effectually promote the peace and good order of his majesty's subjects in this govern- ment, at this very dark and distressing time, take the ear- liest opportunity openly to disclaim all pretence to any authoritative or government acts : nevertheless, as we freely and voluntarily come from the different parts of the province, at the earnest desire of the inhabitants, and must be supposed to be well acquainted with their pre- vailing temper, inclination, and sentiments, under the present threatening aspect of our public affairs, we think ourselves indispensably obliged, from a sense of duty to his majesty, to whom we and the people of this pro- vince bear the firmest allegiance, and from the tenderest Concern for the welfare of his subjects, with all due re- spect to your excellency, to declare our apprehensions of the absolute necessity of a general assembly. If ever this people needed the direction, the care, and the support of such an assembly, we are humbly of opinion that their present circumstances immediately require it. ■ Your excellency cannot be insensible of their universal uneasimss, arising from their grievances — occasioned by the late acts of parliament for an America revenue ; from arj authentic information that the dutiful and loyal petition of the late house of representatives has not been allowed to reach the presence of our gracious king,} from the dis- VOLUME Vr. 33 solution of the late general assembly ; from undoubted advice, that the enemies of Britain and the colonies are still unwearied in the most gross misrepresentations of the people of the province to his majesty's ministers, as being on the eve of a general insurrection ; and from the alarm- ing intelligence that the nation, by means of such misre- presentations, is incensed to a high degree, so that it is generally apprehended that a standing army is immedi" ately to be introduced among the people, contrary, as we apprehend, to the bill of rights ; — a force represented to be sufficient to over-awe and controul the whole civil power of the province ; which must render every right and posses* sion dreadfully precarious. From these weighty considerations, and also that the people may not be thrown into a total despair ; that they may have a fresh opportunity at the next meeting of the parliament, of taking off the impression from the mind of the nation, made by such misrepresentation as is before mentioned, and by that means, preventing the most un- happy consequences to the parent country, as well as our- selves ; Ave beg leave most earnestly to pray, that your excellency would commiserate his majesty's truly loyal subjects of this province, under their deplorable circum^ stances, and restore to them the full possession of their invaluable charter right to a general assembly, and cause one to be immediately convened, that the most effectual measures may be taken in the manner prescribed by our happy constitution, for the redress of grievances, for the preventing an unconstitutional encroachment of military power on the civil establishment, for the promoting the prosperity of his majesty's government, and the peace, good order, and due submission of his subjects in the pro- vince, and making the necessary provision for the support of government ; and finally, for the restoration of that har- mony, union, and affection between the nation and the colonies, which appear to us to be in the utmost danger of d2 3D APPENDIX. bring totally and irrecoverably lost. As in duty bound the committee shall ever pray. In tbe name and behalf of the committee, thomas cctshing, chairman. This temperate, judicious, and respectful petition, the governor thought proper to refuse to receive ; assigning as his reason, in a paper which he delivered to the gentle- men nominated to present it, that such reception would be an admission of tbe legality of the meeting, which he could by no means allow. The day following the chairman acquainted the commit- tee, that he had received from the secretary of the pro- vince, a writing signed by the governor, and addressed to the gentlemen assembled at Faneuil-hall, under the name of a committee of convention. The writing was ordered to be publicly read as follows: BY HIS EXCELLENCE FRANCIS BERNARD, ESQ. &C. &C As I have lately received from his majesty strict orders to support his constitutional authority within this govern- ment, I cannot sit still and see so notorious a violation of it as the calling an assembly of the people by private per- sons only : for a meeting of the deputies of the towns, is an assembly of the representatives of the people to all intents and purposes ; and it is not the calling it a com- mittee of convention, 4hat will alter the nature of the thing.- I am willing to believe that the gentlemen who so hastily issued the summons for this meeting, were not aware of the high nature of the offence they were committing ; and they who have obeyed them, have not well considered of the penalties which they will incur, if they should persist in continuing their session, and doing business therein. At present, ignorance of law may excuse what is past; a step farther will take away that plea. It is therefore my volume vr. 3; tint j to interpose at this instant, before it is too kite. I do therefore earnestly admonis!- you, that instantly, and be- fore you do any business, you break up this assembly and separate yourselves. I speak to you now as a friend to the province, and a well-wisher to the individuals of it. Put if you should pay no regard to this admonition, I must, as a governor, assert the prerogative of the crown in a more public manner. For assure yourselves 1 speak from in- struction : the king is determined to maintain his entire sovereignty over this province : and whoever shall persist in usurping any of the rights of it. will repent of his rash- ness. On the 24th of September, 1768, five gentlemen were Appointed to wait upon the governor with the following address : • May it please your Excellency,, The committee from a number of towRs in this province, now convened at Fancuil-hall, having received from your excellency a message containing a remonstrance against our thus meeting, and an admonition to break up and separate ourselves instantly, and before we do any business ; have taken the same into our serious and attentive conside- ration ; and we assure your excellency, that though ac- cording to the best of our abilities we have considered the matters that are hinted by your excellency as the founda- tion of your message, yet we are not able to collect suffi- cient information therefrom, to place our present meeting and proceedings in the same light in which they seem to lie in your excellency's mind. We do assure your excellency most freely, that neither the views of our constituents in sending us, nor the design of any of us in this meeting, was to do, propose, or consent, to any thing oppugnant v>3 38 APPENDIX. to, or inconsistent with, the regular execution of govern- ment in this his majesty's province: and that though the letters from the select men of the town of Boston, to the respective towns from which we came, might first give rise to our being chosen and sent ; yet that, neither the said letter from the select men of the town of Boston, nor any votes of the said town accompanying the same, were con- sidered by our respective towns in the choosing, nor by us in our assembling, as the foundation and warrant of our convening. But may it please your excellency, being assured that our constituents as well as ourselves, have the most loyal and affectionate attachment to the person and government of our rightful sovereign king George III. we beg leave to explain to your excellency the real cause and intention of our meeting. Your excellency cannot be unacquainted with the many difficulties under which his majesty's subjects on the whole continent of America, apprehend themselves to labour, and of the uneasiness which the subjects in this province have repeatedly expressed on the same account. The minds of the people who have sent us are greatly disturbed, that the humble and dutiful petition of their representa- tives, for the removal of those difficulties, has not been permitted to reach the royal ear: and they are greatly agitated with the expectation of a standing army being posted among us, and of the full exertion of a military government. Alarmed with these apprehensions, and de- prived of a house of representatives, their attention is too much taken off from their daily occupations. Their morals and industry are in danger of being damaged, and their peaceable behaviour disturbed for want of such per- sons as they can confide in, to advise them in these mat- ters, and to make application for their redress. Your excellency will further naturally conceive, that those of his majesty's subjects who live remote from Bos- VOLUME VI. 3§ ton, the centre of their intelligence, and whose occupa- tions do not admit of much knowledge of public aifairs, are subjected to many misrepresentations of their public concerns, and those general ly of a most aggravated kind : nor is it in the power of the most knowing persons amongst us, to wipe oft' the pernicious effect* of such rumours, without the appearance of a public inquiry. Induced by these motives, and others of the same kind, our constituents thought it noways inconsistent with good order and regular government, to send committeemen to meet with such committees as might be sent from the {several towns in the province to confer upon these mattcrsj and learn the certainty of those rumours prevailing amongst us; and to consult and advise, as far as comes legally within their power, to such measures as would have the greatest tendency to preserve the peace, and good order among his majesty's subjects, and promote their due sub- mission ; and at the same time to consult the most regu- lar and dutiful manner of laying our grievances before our most gracious sovereign, and obtaining a redress of the same. This, we assure your excellency, is the only cause and intention of our thus convening ; and we are exceeding sorry it should be viewed by your excellency in an obnoxious light. Your excellency may be assured, that had our consti- tuents conceived, or did their committee thus convened, conceive this proceeding to be illegal, they had never sent us, nor should we pretend to continue our convention : but asyour excellency, in the message with which you have been pleased to favour us, has not been so explicit in point- ing out the criminality of our present proceedings as we could have wished, but has left us to our own judgment and understanding to search it out, we would with all duty to your excellency, as the representative of our right- ful sovereign, request of your excellency to point out to p 4 40 APPENDIX. us wherein the criminality of our proceedings consists, being assured we cautiously mean to avoid every thing that has the least appearance of usurpation of government in any of its branches, or any of the rights of his majesty's sovereignty, or that is in the le;>st incentive to rebellion, or even a mental disaffection to the government, by a law established and exercised. Your excellency will be pleased, in your well-known knowledge of human nature, and the delicacy of British privileges, to be sparing in your frowns on our present pro- ceeding ; we being at present inclined to think, till b tter informed, that if criminality be imputed to us, it will be applied only to our doings, and not to the professed man- ner and design of our meeting. But if your excellency has a different apprehension of the matter, we entreat an explanation of the same, and assure your excellency we shall deliberately attend to it. Nothing could give us more uneasiness than a suggestion that our proceedings are criminal ; not so much from a fear of personal punish- ment, as from a fixed aversion we have to any thing in- consistent with the dignity of our sovereign, and the hap- piness of his extended dominion : and we Hatter ourselves, that when the real design of this convention is understood, it will prove an argument to evince the entire loyalty of his majesty's subjects in this province, and their disposi- tion to peace and good order. In the name and behalf of the committee of a number of towns in this province convened in Boston, September 2ith, 1768, tho.mas cushing, chairman. The gentlemen appointed to present this address, re- ported also in writing, that ihey had waited for this pur- pose on his excellency, who was pleased to say he could not receive the message. On the 29th of September the committee of convention, VOLUME VL 41 which appears to have acted under some degree of intimi- dation from the threats of the governor, after drnving up a representation of the grievances and apprehensions of their constituents, thought it expedient to terminate their short bat dangerous session, which served only to in- dicate the distempered state of the public mind in this great colony, arising from the strange and pernicious policy which actuated the counsels of the mother country. On the 1st of October following, a great military force entered the town of Boston, in a sort of triumphal array ; a very considerable fleet being at the same time stationed in the harbour, so that the inhabitants considered them- selves as proscribed persons, over whose heads the sword was suspended by a single hair ; and the golden cord by which America had been hitherto bound to Britain, in interest, in duty, and affection, was, by the wicked magic of ministers, transformed into the iron chain of a vile and remorseless despotism. On the 27th of October, 1768, an address was pre- sented to general Gage, commander in chief of the army^ by a class of men, whose sentiments merited in the pre- sent crisis the deepest attention and regard : these were the members of the council of the province of Massachu- setts Bay ; men of the highest respectability in the pro- vince, and whose opinion in all matters relative to the peace and welfare of it, a wise government would have been solicitous to obtain as the best and the safest guide to follow. ADD31ESS OF HIS MAJESTY'S COUNCIL OF THE PROVINCE OF MASSACHUSETTS BAY, TO HIS EXCELLENCY GENERAL GAGE, &C. SIR, A general council being held yesterday, gives the dis- tant members of it, together with members in the town 42 APPENDIX. and neighbourhood, the pleasure of addressing- you. We take the first opportunity of doing it, and at the same time of paying our compliments to your excellency. In this time of public distress, when the general court of the province is in a stats of dissolution ; when the me- tropolis is possessed with troops, and surrounded by ships of war, and when more troops are daily expected, it affords a general satisfaction, that your excellency has visited the province, and has now an opportunity of knowing the state of it by your own observation and in- quiry. Your own observations will give you the fullest evidence, that the town and province are in a peaceful state. Your ov.n inquiry will satisfy you, that though there have been disorders in the town of Boston, some of them did not merit notice; and that such as did, have been magnified beyond the truth. Those of the 18th March, and 10th June, are said to have occasioned the above-mentioned armament to be ordered hither. The first was trivial, and could not have been noticed to the disadvantage of the town, but by persons'inimical to it; especially as it happened in the evening of a day of recrea- tion. The other was criminal, and the actors in it were guilty of a riot ; but we are obliged to say it had its rise from those persons who are loudest in their complaints about it, and who by their over-charged representations of it, have been the occasion of so great an armament being ordered hither. We cannot persuade ourselves to believe they have sufficient evidence to support such representa- tions, which have most unjustly brought into question the loyalty of as loyal a people as any in his majesty's dominions. This misfortune has arisen from the accusation of in- terested men, whose avarice having smothered in their breasts every sentiment of humanity towards this pro- vince, lias impelled them to oppress it to the utmost of VOLUME VI. *3 tlieir power, and by the consequence of that oppression essentially to injure Great Britain. From the candour of your excellency's sentiments, we assure ourselves you will not entertain any apprehension that we mean to justify the disorders and riotous proceed- ings that have taken place in the town of Boston. We deiest them, and have repeatedly and publicly expressed that detestation, and in council have advised governor Bernard to order the attorney-general to prosecute the perpetrators of them : but at the same time we are ob- liged to declare, in justice to the town, that the disorders of the 10th of June last, occasioned by a seizure made by the officers of the customs, appear to have originated with those who ordered the seizure to be made. The hour of making the seizure, at or near sun-set, the threats and armed force used in it, the forcibly carrying the vessel away, and all in a manner unprecedented, and calculated to irritate, justify the apprehension, that the seizure was accompanied with those extraordinary circumstances in order to excite a riot, and furnish plausible pretences for requiring troops a day or two after the riot. And, as if in prosecution of the last mentioned purpose, notwith- standing there was not the least insult offered to the com- missioners of the customs, either in their persons or pro- perty, they thought lit to retire, on the pretence of secu- rity to themselves, on board the Romney man of war, and afterwards to Castle William ; and when there, to keep up the idea of their being still in great hazard, pro- cured the Romney and several other vessels of war to be stationed as if to prevent an attack upon the castle, which they affected to be afraid of. These proceedings have doubtless taken place to induce a belief among the officers of the navy and army, as they occasionally came hither, that the commissioners were in danger of being attacked, and procure from those officers representations coincident with their own, that they really 44 APPENDIX. were so ; but tlreir frequent landing on the main land, and making incursions into the country, where it would have been easy to seize them if any injury bad been in- tended, demonstrates the insincerity of the declarations that they immured themselves at the castle for safety. This is rather to be accounted for as being an essential part of the concerted plan for procuring troops to be quar- tered here, in which they and their coadjutors have suc- ceeded to their wish, but unhappily to the mutual detri- ment and uneasiness of both countries. We thought it absolutely necessary, and our duty to the town and province requires us to give your excellency this detail, that you might know the sentiments of this people, and that they think themselves injured, and in- jured by men to whom they have done no injury. From the justness of your excellency, we assure ourselves your mmd will not admit impressions to their disadvantage, from persons who have done the injury. Your excellency, in your letter to governor Bernard of the 12th September, gave notice, that one of the regi- ments from Halifax was ordered for the present to Castle William, and the other to the town ; but you was pleased afterwards to order them both into the town. If your ex- cellency, when you know the true state of the town, which we can assure you is quite peaceable, should think his majesty's service does not require those regiments to continue in the town, it will be a great ease and satisfac- tion to the inhabitants if you will please to order them to Castle William, where commodious barracks are pro- vided for their reception, or to Point Shirley, in the neigh- bourhood of it, in either of which, or in both, they can be well accommodated. As to the two regiments expected here from Ireland, it appears from lord Hillsborough's letter of the 30th July, they were intended for a different part of North America. If your excellency should not think it inconsistent with VOLUME VI. 45 his majesty's service that they should be sent to the place of their first destination, it will contribute to the ease and happiness of the town and province if they might be ordered thither. As we are true and faithful subjects of his majesty, have an affectionate regard for the mother country, and a tender feeling for our own, our duty to each of them makes us wish, and we earnestly beg your excellency to make, a full inquiry into the disorders above-mentioned, into the causes of them, and the representations that have been made about them ; in doing which, your excellency will easily discover who are the persons that from lucra- tive views have combined against the peace of the town and province, some of whom it is probable have discovered themselves already, by their own letter to your excellency. In making the inquiry, though many imprudencies and some criminal proceedings may be found to have taken place, we are persuaded, from the candour, gene- rosity, and justice, which distinguish your character, your excellency will not charge the doings of a few, and (hose of an inferior sort, upon the town and province : and with regard to these individuals, if any circumstances shall appear justly to extenuate the criminality of their proceedings, your excellency will let them have their effect t and on the same candour and generosity we .can. rely, that your excellency's representations of this affair to his majesty's ministers, will be such as even the crimi" nals themselves will allow to be just. Boston, October 27, 1768. (Signed) J. DANFORTH. To this address general Gage returned a cold and eva- sive answer, stating the obligation he was under to act conformably to the orders he had received; and expressing 46 APPENDIX. his hope that the future behaviour of the inhabitants would justify the most favourable construction of their past conduct, and afford him a sufficient foundation to repre- sent to his majesty the propriety of withdrawing the greater part of the troops. PROTEST AGAINST THE ACT FOR THE BETTER REGU- LATING THE GOVERNMENT OF THE PROVINCE OF MASSACHUSETTS BAY. A. D. 1774. Die 31 ere urii, 11° Maii y 177 '•£. The question being put, whether the bill entitled " An Act for the better regulating," &c. with the amendments, do pass ; after a long debate it was resolved in the affir- mative* Contents, . . . 69 ) no Proxies, . . . 23 > JSot Contents, . 20 } 2Q Proxies, ... 0) Dissentient^ t. Because this bill, forming a principal part in a sys- tem of punishment and regulation, has been carried through the house without a due regard to those indis- pensable rules of public proceeding, without the observ- ance of which no regulation can be prudently made, and Ho punishment justly inflicted. Before it can be pre- tended that those rights of the colony of Massachusetts B»y in the election of counsellors, magistrates and judges, and in the return of jurors, which they derive from their charter, could with propriety be taken away, the defi- nite legal offence by which a forfeiture of that charter is incurred, ought to have been clearly stated, and fully VOLUME VI. 4? proved. Notice of this adverse proceeding ought to have been given to the parties affected, and they Ought to have been heard in their own defence. Such a principle of proceeding would have been inviolably observed in the courts below. It is not technical formality, but substan- tial justice. When, therefore, the magnitude of such a cause transfers it from the cognizance of the interior courts to the high judicature of parliament, the lords are so far from being authorized to reject this equitable prin- ciple, that we are bound to an extraordinary and religious strictness in the observance of it. The subject ought to be indemnified by a more liberal and beneficial justice in parliament for what he must inevitably suffer by being deprived of many of the forms which are wisely esta- blished in the courts of ordinary resort, for his protec- tion against the dangerous promptitude of arbitrary dis- cretion. II. Because the necessity alleged for this precipitate mode of judicial proceeding cannot exist. If the numerous land and marine forces which are ordered to assemble in Mas- sachusetts Bay are not sufficient to keep that single co- lony in any tolerable state of order until the cause of its charter can be fairly and equally tried, no regulation in this bill, or in any of those hitherto brought into the house, are sufficient for that purpose; and we conceive that the mere celerity of a decision against the charter of that province, will not reconcile the minds of the people to that mode of government which is to be established upon its ruins. III. Because lords are not in a situation to determine how far the regulations of which this bill is composed agree or disagree with those parts of the constitution of the colony that are n it altered, with the circumstances of the people, and with the whole detail of their muni- cipal institutions. Neither the charter of the colony, nor any account whatsoever of its courts and judicial proceed- 48 APPENDIX. ings, their mode, or the exercise of their present powers, have been produced to the house. The slightest evidence concerning one of the many inconveniences stated in the preamble of the bill to have arisen from the present con- stitution of the colony judicatures, has not been produced, or even attempted. On the same general allegations of a declamatory preamble, any other right, or all the rights of this, or any other public body, may be taken away, and any visionary scheme of government substituted in their place. IV. Because we think that the appointment of all the members of the council, which by this bill is vested in the crown, is not a proper provision for preserving the equi- librium of the colony constitution. The power given to the crown, of occasionally increasing or lessening the num- ber of the council on the report of governors, and at the pleasure of ministers, must make these governors and mi- nisters masters of every question in that assembly ; and by destroying its freedom of deliberation, will wholh r an- nihilate its use. The intention avowed in this bill, of bringing the council to the platform of other colonies, is not likely to answer ils own end, as the colonies where the council is named by the crown are not at all better dis- posed to a submission to the practice of taxing for supply without their consent, than this of Massachusetts Bay. And no pretence of bringing it to the model of the Eng- Jish constitution can be supported, as none ef those American councils have the least resemblance to the house of peers. So that this new scheme of a council stands upon no sort of foundation which the proposers of it think proper to acknowledge. V, Because the new constitution of judicature provided by this bill, is improper, and incongruous with the plan of the administration of justice in Great Britain. All thejudges are to be henceforth nominated not by the crown but by j lie governor: and .all, except thejudges of the superior VOLUME VI. 4$ court, are to be removcable at his pleasure, and expressly without the consent of that very council which has been nominated by the crown. The appointment of the sheriff is by the will of the governor only, and without requir- ing in the person appointed any local or other qualificaion. That the sheriff, a magistrate of great importance to the whole administration and execution of all justice civil and criminal, and who in England is not removeable even by the royal authority during the continuance of the term of his office, is by this bill made changeable by the »overnor and council as oflen, and for such purposes, as they shall think expedient. The governor and council, thus en- trusted with powers with which the British constitution lias not trusted his majesty and his privy council, have the means of returning such a jury in each particular cause as may best suit with the gratification of their pas- .sions and interests. The lives, liberties, and properties of the subject are put into their hands without controul, and the invaluable right of trial by jury is turned into a snare for the people, who have hitherto looked upon it as their main security against the licentiousness of power. • VI. Because we see in this bill the same scheme of strengthening the authority of the officers and ministers of state, at the expense of the rights and liberties of the subject, which was indicated by the inauspicious act for shutting up the harbour of Boston. By that act, which is immediately connected with this bill, the example was set, of a large important city containing vast multitudes of people, many of whom must be innocent, and all of whom are unheard , by an arbitrary sentence deprived of the advantage of that port upon which all their means of live~ lihood did immediately depend. This proscription is not made determinableon the payment of a fine for an offence, or a compensation for an injury ; but is to continue till the ministers of the crown shall think fit to advise the king APIJF-N'D. VOL. VI. E 50 APrENDIX. in council to revoke it. The Legal condition of the subject* standing unattainted by conviction for treason or felony, ought never to depend upon the arbitrary will of any person whatsoever. This aef, unexampled on the records of parliament, has been entered on the journals of this house as vo-( d nemmt dissentient?, and has been stated in the debate of this day to have been sent to the colonies a^ passed without a division in either house, and therefore as conveying the trocontro verted universal sense of the r.'-Moiu The despair of making effectual opposition to an unjust measure, has been construed into an approbation of if. An unfair advantage lias been taken, on the final question for pissing that penal bill, of the absence of ihose lords who had debated it for several hours, and strongly dissented from it on- the second reading ; that period on which it is most usual to debate the principle of a bill. If this proceeding were to pass without ani- madversion, lords might think themselves obliged to re- iterate their debates at every stage of every bill which they oppose, and to make a formal division whenever they Rebate. VII. Because tnis bill,, and tlie other proceedings that accompany if, -re intended for the sap port of that un- advised sch me of taxing the colonics, in a manner new and unsuitable to their situation and constitutional cir- cumstances. Parliament has- asserted the authority of the Legislature of this kingdom supreme and unlimited over all the members of the British empire. But the legal extent of this authority famishes no argument in favour of an un- warrantable use of it. The sense of the nation on the repeal of the stamp act was, that iu equity and sound policy, the taxation of the colonies for the ordinary purposes of supply ought to be forborne; and that this kingdom ought to satisfy itself with the advantages to be derived from a flourishing and increasing trade, and with the free grants of the American assemblies, as being far more beneficial* VOLUME VI. 51 far more easily obtained, less oppressive, and more likely to be lasting, than any revenue to be acquired by par- liamentary taxes, accompanied by a total alienation of the affections of those who were to pay thern. This prin- ciple of repeal was nothing more than a return to the ancient standing- policy of this empire. The unhappy de* parture from it has led to that course of shifting and con* tradictory measures, which have since given rise to such continued distractions; by which unadvised plan new duties have been imposed in the very year after the former had been repealed : these new duties, afterwards in part repealed, and in p^rt (On'inued, in contradiction to the principles upon which those repealed were given up ; all which, with many weak, injudicious, and pre- cipitate steps taken to enforce a compliance, have kept up that jealousy, which on the repeal of the stamp act was subsiding, revived dangerous questions, and gradually estranged the affections of the colonies from the mother country, without any object of advantage to either. If the force proposed should have its full effect, that effect we greatly apprehend may not continue longer than whilst the sword is held up. To render the colonies perma- nently advantageous, they must be satisfied with their condition. That satisfaction we see no chance of restoring, whatever measures may be pursued, except by recurring in the whole to the wise and salutary principles on which the stamp act was repealed. Richmond, Rockingham, Portland, Abergavenny, Abington, Leinster, King, Craven, Effingham, Fitzwill'am, Ponsonby, e 2 52 APPENDIX. DECLARATION OF INDEPDNDENCE OF T1TE TJMTET5 STATES OF AMERICA, JULY 4, 1716. when in the course of human events it becomes neces- sary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident : that all men arc created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are life v liberty, and the pursuit of happiness ; that to secure these rights, governments are instituted among men, de- riving their just powers from the consent of the governed ; and whenever any form of government becomes destructive of these ends, it is the right of the people to alter and abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence indeed will dictate, that governments long established should not be changed for light and transient causes, and accordingly all expe- rience hath shewn, that mankind are more disposed io sutler, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pur- suing invariably the same object, evinces a design to re- duce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to pro- vide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. VOLUME VI. 53 The history of (lie present king of Great Britain, is a history of repeated injuries and usurpations; all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. lie has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of imme- diate and pressing importance, unless suspended in their operation till his assent should be obtained : and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would re- linquish the rights of representation in the legislature — a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places un- usual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representatives" houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. He has refused for a long time after such dissolution to cause others to be erected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise ; the state remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these states : for that purpose obstructing the laws for natu- ralization of foreigners, refusing to pass others to encou- rage their migrations hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary powers. E3 5-i APPENDIX. He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and cat out their subsistence. He has kept among us in limes of peace standing armies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. He has combined with others 'oon after the successes obtained on Long Island, and the capture of New York, the following declaration was published by the king's commissioners, lord Howe and VOLUME VI. 6$ general Howe, in whom the civil and military powers were combined for the different purposes of pacification or coercion. DECLARATION. Although the congress, whom the irrtsgnidea Americans swfter to direct their opposition to a re-establishment of the constitutional government of these provinces, have dis- avowed every purpose of reconciliation not consonant with their extravagant and inadmissible claim of independence, fimissioners think fit to declare, that they are lly desirous to confer with his majesty's well-affected n the means of restoring the public tranquil- lity, and establishing a pe mancnt union with every colony, as a part of the British empire. The king being moat graciously pleased to direct a re- vision of such of his royal instructions, as may be con^- &trued to lay an improper restraint upon the freedom of I ition in any of his colonies, and to concur in the re- Yisal of all ac?s by which his subjects there may think selves aggrieved ; it is recommended to the inhabi- tants'. [ :•■„ to' reflect seriously upon their present con- dition, and to judge for themselves, whether it be more consistent with their honour and happiness, to offer up their lives as a i acrifice to the unjust and precarious cause in which they are engaged, or to return to their allegiance, accept the blessings of peace, and be secured in a free enjoyment of their liberty and properties upon the true principles of the constitution. In t!r : s declaration may be discerned, some symptoms of the elation arising from recent victory : and the offer contained in.it, both in respect to matter and manner, was calcul tied in present circumstances, rather to irritate dian to conciliate the revolted colonies. Had the king of Eng- land indeed, in reply to the petition of congress, presented 64 APPENDIX. by Mr. Perm, declared bis readiness to modify and melio- rate his instructions, and to concur in the revisal o! those acts of the legislature, by which the colonies thought themselves aggrieved, and had such declaration been ac- companied with a suspension of hostilities, and an amnesty for past offences , a foundation might undoubtedly have been laid for a solid and permanent reconciliation. But now, when not only their successive petitions had been dis- dainfully rejected, but war in its most barbarous mode had been actually levied upon them ; when they had been de- nounced as rebels ; when their towns had been burnt, their property plundered, their commerce destroyed, and when an army of German mercenaries had been trans- ported across the Atlantic, to massacre the inhabitants, and to desolate the country ; when all these atrocious inju- ries had been sustained by the Americans, since the period in which their last petition had been voted in congress, and when, in consequence of this accumulation of cruelty and injustice, a resolution had been at length taken by the colonies to declare themselves free and independent states, what good effect could be expected from a vague and indefinite engagement on the part of the commissioners, that the monarch whose authority they had renounced, and whom they had not scrupled to stigmatize as a tyrant, would consent at some future time to the revi- sion of his instructions, and of those acts of his govern- ment by which the Americans thought they were aggrieved.* Such an offer would no doubt be rejected with as much contempt by them, as their repeated and humble petitions were formerly by him. A second declaration was published by the commis- sioners on the SOlh November ensuing, stating " that several bodies of armed men, in open contempt of his ma- jesty's proffered clemency, still continued their opposition to the establishment of legal government and peace, and charging and commanding all such persons to disband VOLUME VI. GS themselves, and return to their dwellings; requiring;, morer over, all persons assembled together under the name of ge- neral or provincial congresses, conventions, &c. to desist from their treasonable actings and doings, and to relin- quish all such usurped power and authority, and offering a free pardon to all who within sixty days of the date ot this declaration shall return to their allegiance, and claim the benefit of it in the form prescribed." Of this offer, many persons, timid or treacherous, or peculiarly exposed to the depredations of the enemy, took a temporary advantage ; but no colony, or even city, was at any time pronounced by the commissioners to be restored to the king's peace, or within the protection of his govern- ment. PROTEST AGAINST THE ADDRESS, OCTOBER 31, 1776. At the commencement of the session, October 31, 1776, the king informed the two houses of parliament in his opening speech, " that nothing could have afforded him so much satisfaction, as to have been able to inform them that the troubles which had so long distracted his colonies in North America, were at an end, and that his unhappy people, recovered from their delusion, had delivered them- selves from the oppression of their leaders, and returned to their duty. But so daring and desperate," said his majes- ty, " is the spirit of those leaders, whose object has always been dominion and power, that they have now openly re- nounced all allegiance to the crown, and all political con- nexion with this country. They have rejected with cir- cumstances of indignity and insult the means of concilia- tion held out to them under the authority of our cdmmis- sion, and have presumed to set up their rebellious con- federacies for INDEPENDENT STATES. If their TREA- SON be suffered to take root, much mischief must grow APPEND. VOL. VI. F o6 APPENDIX. from it to the safety of my loyal colonics, to the commerce of my kingdoms, ami indeed, to the present system of all Europe. One great advantage, however, will be derived from the object of the rebels being openly avowed, and clearly understood : we shall have unanimity at home, founded in the general conviction of the justice and neces- sity of our measures." His majesty proceeded to mention, that hy the blessing of Divine Providence on the good conduct and valour of his officers and forces, Canada was recovered, and that the success obtained in the province of New York had been so important, as to give the strongest hopes of the most decisive good consequences ; but that notwith- standing this fair prospect, we must at all events prepare for another campaign. His majesty concluded his speech with the following declaration: — " In this arduous contest I can have no other object, but to promote the true interests of all ray subjects. No people ever enjoyed more happiness, or lived under a milder government than those now revolted provinces. The improvements in every art of which they boast declare it ; their numbers, their wealth, their strength by sea and land, which they think sufficient to enable them to make head against the whole power of the mother country, are irrefragable proofs of it. My desire is to restore to them the blessings of law and liberty, equally enjoyed by every British subject, which they have fatally and desperately exchanged for all the calamities of war, and the arbitrary tyranny of their chiefs." On the accustomed motion for an address to the king, a very animated debate arose in both houses ; a precisely similar amendment, admirably drawn, being brought for- ward by lord John Cavendish in the one, and by the mar- quis of Rockingham, seconded by the duke of Manches- ter, in the other. The division in the house of commons was 87 to 242, and in the lords, 20* to 91. But the re- VOLUME VI. 67 jected amendment was recorded entire on the journals of the house, and signed by J4 peers in the form of a pro- test, as follows : Dissentient. DkJovis, Blst Oct. 1776. For the reasons contained in the amendment proposed and rejected, viz. " To assure his majesty that, ani- mated with the most earnest and sincere zeal for his true interest, and the real glory of his reign, we behold with inexpressible concern, the minds of a very large, and lately loyal and affectionate part of his people, entirely alienated from his government. Nor can we conceive that such an event as the disaffection and revolt of a whole people, could have taken place without some considerable errors in the conduct observed towards them." These erroneous measures, we conceive, are to be im« puted to a want of sufficient information being laid before parliament, and too large a degree of confidence being re* posed in those ministers, who from their duty were obliged, and from their official situation were best enabled, to know the temper and disposition of his majesty's American sub- jects, and were therefore presumed most capable of point* ing out. such measures as might produce the most salutary effect. Hence the schemes which were formed for the re- duction and chastisement of a supposed inconsiderable party of factious men, have driven thirteen large provinces to despair. Every act which has been proposed as a means of procuring peace and submission, has become a new cause of war and revolt : and we now find ourselves almost inextricably involved in a bloody and expensive civil war, which besides exhausting at present the strength of his majesty's dominions, exposing our allies to the de- signs of their and our enemies, and leaving this kingdom in a most perilous situation, threatens in its issue the most deplorable calamities to the whole British race. We cannot avoid lamenting, that in consequence of th« t2 63 APPF.XDIX. credit afforded to the representations of ministers, no hear- ing has been given to the reiterated complaints and peti- tions of the colonies : neither lias any ground been laid for removing the original cause of these unhappy differences, Which took their rise from questions relative to parliamen- tary proceedings, and can be settled only by parliamentary authority; By this fatal omission, the commissioners no- minated for the apparent purpose of making peace, were furnished with no legal powers, but those of giving or with-holding pardons at their pleasure; and of relaxing the severities of a single penal act of parliament *, leaving the whole foundation of this unhappy controversy as it stood at the beginning. To represent to his majesty, that in addition to this ne- glect, when in the beginning of the last session, his ma- jesty in his gracious speech to both houses of parliament, had declared his resolution of sending out commissioners for the purposes therein expressed, as speedily as possible; no such commissioners were sent until nearly seven months afterwards ; and until the nation was alarmed by the eva- cuation of the only town then held for his majesty in the thirteen united colonies. By this delay, acts of the most critical nature, the etfect of which must as much depend upon the power of immediately relaxing them on submis- sion as in enforcing them upon disobedience, had only an operation to inflame and exasperate. But if any colony, town, or place, had been induced to submit by the opera- tion of the terrors of those acts, there were none in the place of power sufficient to restore the people so submit- ting to the common right of subjection. The inhabitants of the colonies, apprized that they were put out of the protec- tion of government, and seeing no means provided for their entering into it,, were furnished with reasons but too colourable for breaking off their dependency on the crown of this kingdom. * Prohibitory act. VOLUME VI. 69 To assure Ills majesty, that removing our confluence! from those who in so many instances have grossly abused it, we shall endeavour to restore to parliament the confi- dence of all his people. To this end it may be advisable to make a more minute inquiry into the grievances of the colonies, as well as into the conduct of ministers with regard to them. We may think it; proper, particularly to inquire how it has hap- pened, that the commerce of this kingdom has been' left exposed to the reprisals of the colonies, at the very time that their seamen and fishermen, being indiscriminately prohibited from the peaceable exercise of their occupations, and declared open enemies, must be expected with a cer- tain assurance to betake themselves to plunder, and to wreak their revenge on the commerce of Great Britain. That we understand, that amidst the disasters and dis- graces which have attended on his majesty's arms in many parts of America, an advantage has been gained by his majesty's British and foreign mercenary forces in the pro- vince of New York. That if a wise, moderate, and pru- dent use be made of this advantage, it is not improbable that happy effects may result from that use. And we assure his majesty, that nothing shall be wanting on our part, to enable his majesty to take full advantage of any dis- positions to reconciliation which may be the consequence of the miseries of war, by laying down on our part real permanent ground of connexion between Great Britain and the colonies, on principles of liberty, and terms of mutual advantage. That whilst we lament this effusion of English blood, which we hope has not been greater, or other than neces- sity required, and honour justified, we should most heartily congratulate his majesty oa any event leading to the great desirable end of settling a peace which might promise to last, by the restoration of the ancient affection which has happily subsisted between this kingdom and its colonies. v3 fO APPENDIX. Ahy other ivould necessarily require, even in case of a total conquest, an army to maintain, ruinous to the finances and incompatible with the freedom of his majesty's people. We should look with the utmost shame and horror on any events of what nature soever, that should tend to break the spirit of any large part of the British nation, to bow them to an abject unconditional submission to any power whatsoever ; to annihilate their liberties, and to sub- due them to servile principles and passive habits, by the mere force of mercenary arms. Besides, amidst the excesses and abuses which have happened, we musjt re- spect the spirit and principles operating in these commo- tions: our wish is to regulate, not to destroy them. For though differing in some circumstances, those very princi* pies evidently bear so exact an analogy with those which support the most valuable part of our own constitution, that it is impossible, with any appearance of justice, to think of wholly extirpating them by the sword in any part of his majesty's dominions, without admitting conse* quenccs, and establishing precedents, the most dangerous to the liberties of this kingdom. Richmond, Craven, Devonshire, Fitzwilliam, Portland, Abingdon, Manchester, De Ferrars, Rockingham, Effingham, Scarborough, Abergavenny, King, Ponsonby. MEMORIAL PRESENTED BY SIR JOSEPH YORKE, TO THE STATES GENERAL, ON THE 2Ist FEBRUARY, 1777. Since the commencement of the unnatural rebellion which has broken out in the English colonics against the VOLUME VI. ?l , legal constitution of the mother country, the undersigned ambassador extraordinary and plenipotentiary of the king of Great. Britain, has had frequent occasions to ad- dress himself to your high mightinesses, in the name of his master, to engage them, by all motives of national in- terest, of good neighbourhood, of friendship, and finally, of treaties, to put a stop to the clandestine commerce which is carried on between their subjects and the rebels. If the measures which your high mightinesses have thought proper to take, had been as efficacious as your assurances have been amicable, the undersigned would not now have been under the disagreeable necessity of bringing to the cognizance of your high mightinesses, facts of the most serious nature. The king hath hitherto borne with unexampled patience, the irregular conduct of your subjects, in their interested commerce at St. Eustatia, as also in America. His ma- jesty lias always flattered himself, that in giving time to your high mightinesses, to examine to the bottom this conduct, so irregular, and so insufferable, they would have taken measures necessary to repress the abuse, to re- strain their subjects within bounds, and to make them respect the rights and friendship of Great Britain. The complaints which I have orders to make to their high mightinesses, are founded upon authentic documents, annexed to this memorial, where their high mightinesses will see with astonishment, and I doubt not at the same time with displeasure, that their new governor, M. Van Graaf, after having permitted an illicit commerce at St. Eustatia, hath pasted his forgetfulness of his duty, to the point of conniving at the Americans in their hostile equipments, and the permitting the seizure of an English vessel by an American pirate, within cannon-shot of that island : and in aggravation to the affront given to the English nation, and to all the powers of Europe, to return from the fortress of his government, the salute of a rebel F4 72 APPENDIX. flag. In return to the amicable representations made by the president of the neighbouring island of St. Christopher on these facts of notoiieiy, M. Van Graaf has answered in a manner the most vague and unsatisfactory, refusing to enter at all into the- subj'ddtj or info an explanation of the matter with a member of his majesty's council of St. Chi istopiK'i's, dispatched by the president for that purpose to St. Eustatia. After exhibiting the documents annexed, nothing re- mains with me but to add, that the king, who had read them not with less surprize than indignation, hath ordered me expressly to demand of your high mightinesses, a for- mal disavowal of the salute by fort Orange at St. Eustatia, to the rebel ship; the dismission and immediate recall of governor Van Ciraaf ; and to declare further on the part of his majesty, that unlil that satisfaction is given, they are not to expect that his majesfy will suffer himself to be amused by mere assurances, or that he will delay one in- stant to take such measures as he shall think due to the interests and dignity of Ii is crown. • Git en at the Hague, February 2J, 1777. Signed, josErir YORKE. MEMORTAL DELIVERED BY ORDER OF THE STATE? GENERAL, TO THE KING OF GREAT BRITAIN, IX ANSWER TO THE ABOVE MEMOfUAE, BY THE AMBAS- SADOR, COUNT EE WELDEREN, MARCH 26, 1777. SIRE, It is with i\\e most profound respect, that the under- signed envoy extraordinary and plenipotentiary of their high mightinesses, in consequence of the orders wliich he hath received, hath the honour to represent to your ma- jesty, that the memorial which your ambassador hath pre- VOLUME Vfc 73 sented to their high mightinesses on the 21st of last month, has touched (hem very sensibly : that they find themselves obliged to make complaint of the reproaches which are- contained in it; as if their high mightinesses were to be suspected of a will and intention of amusing your majesty by amicable assurances which they have falsified by their acts : also of the menacing tone which reigns in that memorial, and appears to their high mightinesses too highly strained beyond that which is the accorded and accustomed maimer, and that ought to take place between two sovereign and independent powers, and especially between two neighbouring powers, which have been of so many years continuance united by the ties of good har- mony and mutual friendship. Their high mightinesses trust that on all occasions, and particularly in respect to the unfortunate troubles of yonr majesty's colonies in America, they have held a conduct towards your majesty, which has been expected from a good neighbour and a friendly and affectionate power. Their high mightinesses, sire, hold your majesty's friendship in the highest estimation, and wish to do every thing in their power, as far as the honour and dig- nity of their state will permit them to go, to cultivate it still more and more : but they cannot at the same time so far restrain themselves, as to disguise the very poignant sensation with which that memorial hath impressed them . It is alone from the motive of demonstrating to your majesty every possible regard, and to prove that their high mightinesses will not neglect any thing which may Berve to investigate properly the truth of the facts from whence the complaints made to them seem to have arisen, that they have resolved to institute an inquiry in a manner the most, summary, and cut off all trainings of delay. To. this end their high mightinesses, passing by the prdinary and usual form in like cases, requiring a report :<. APPENDIX. in writing from their officers and others employed in their colonies, have already dispatched their orders to the com- mandant of St. Eustatia, to render himself within the republic without delay, and as soon as possible, to £jive the necessary information of all that has passed within the island of St. Eustatia, and that which hath come to his knowledge, relative to the American colonies and their vessels during the period of his command, and to lay his conduct touching that matter before the eyes of their high mightinesses. The undersigned is charged by his orders to bring the information of this resolution to your majesty ; as also that their high mightinesses make no difficulty of disavowing in the the most express manner, every act or mark of honour which may have been given by their officers, or by any of their servants, to the vessels of your majesty's colonies -of North America, or that they may give hereafter, so far as those acts or marks of honour maybe of such a nature, as that anj r can conclude from them, that it is intended there- by, in the least degree, to recognize the independence of those colonies. The undersigned is also further charged to inform your majesty, that their high mightinesses have in consequence given their orders to their governors and councils in the West Indies, and have enjoined them afresh in the strong- est terms, to observe exactly the placards and orders against the exportation of military stores to the American colonics of your majesty, and to see them, executed most rigorously. London, March 26th, 1777, Signed, WELDEREX. The language of the memorial presented by sir Joseph Yorke, respecting the conduct of M. Van Graaf, may vie in pride and presumption with that of any public docu- VOLUME VI. 75 merit promulgated by Louis XI V r . in the zenith of hi* power. It was framed in the first emotions of elation, occasioned by the successes of the campaign of 1776. The general effect produced in Holland by this " provok- ing, arrogant, and indecent memorial," as it was justly styled by lord Camden, so opposite, as that nobleman ob- served, to the spirit and tenor of the representations of the same ambassador ouring the prosperous administration of lord Chatham," was to render the name of England odious through the seven provinces. CORRESPONDENCE BETWEEN THE EMPEROR [JOSEPH II. AND THE KING OF PRUSSIA, A, D. 1773. Ox the subject of the Bavarian succession, the fol- lowing letters, strongly characteristic of the several writers, passed between the emperor Joseph II. and Frederic II. king of Prussia. Olmutz, Axril 13, 1778. MONSIEUR MON FRERE, Si j'ai differe jusqu'a ce moment-ci de remplir une pro- messe mutuellement contracted entre nous, tant a Neisse qu'a Neustadt de nous ecrire directement ; e'est, que pre- pare a tous les evenemens jc voulois attendre que je fusse moi-meme eloigne de la capitaie, et par consequent de tout ce qui peat ressentir finesse and politique, pour com* muniquer a voire majeste mes idees que je crois plus ana- logues a nos vrais interets, que toute brouillerie que nous pourrions avoir ensemble. Je les ai redigees dans le projet de convention ci-joint, que j'ai l'honneur de lui envoyer, Je n'y ajoute aucune reflexion ; bien certain qu'il ne lui en echappera aucune dont l'objet peut etre susceptible. En 7*5 APPENDIX. n;eme temps je fais charter Cobenzel des pleins pouvoir* neccssaires pour que si vofre majcste adopte ce projet, Von puisse d'abord proceder a la signature: et si elle desiroit cfuelque changement ou explication sur des accessoires, je la prie deme les faire connoitre par sa reponsc directement. Elle prut compter d'avance quo -je ne in' / refu serai pas si je le puis ; ainsi que naturellenient tout sera dil si ctla ne lui couvenoit en facon queiconque. Je serois vraimeut eharnie de raflermlr par la, de plus en plus une bonne intelligence qui seule doit et prut faire le bonheur de nos etats, qui avoit deja si heureusemcnt et nvajitageusement commence ; qui de ma part eioifc d'abord fondee sur la haute cstime et consideration, que le genie et les talens superieurs de votre majeste m'avoient su inspire*, qu'une connoissanCe personnelle avoit augmen- ted, et que je souiiaite vraiuient de perpetuer par des Essurances et temoignages reiteres d'une amitie sincere, avee laquelle je serai toujours, de monsieur mon frere et cousin, Le tres afl'ectionne frere et cousin, JOSEPH. The project referred to in this imperial epistle, was such as implied great weakness either in the party who pro- posed, or the party who accepted it. Concisely and sub- stantially it imported : f. That the king of Prussia should acknowledge the validity of the convention signed January 3, 1778, be- tween the emperor and the elector Palatine, heir and suc- cessor 6f the late elector of Bavaria. IT. That this convention might admit of a subsequent modification. III. That liis Imperial majesty would h?/ p>?fic:pafio>/ f allow the validity of the incorporation of the country of Anspach and Rireith, conformably to the primogeniture of the electoral house of Brandenburg ; and VOLUME VI. f7 IV. His Imperial majesty engages to leave his Prussian majesty at full liberty to make such exchange of territory as shall be most commodious to himself, in like manner aa his Imperial majesty shall be at liberty to act in relation to Bavaria. To this extraordinary proposal, his Prussian majesty returned the following spirited and decisive answer. Schccnwalde, Avril 11, 1778. MONSIEUR MON FRERE, J'ai recu avec toute la satisfaction possible, la lettre que votre majeste Imperiale a eu la bonte de m'ecrire. Je n'ai pi ministre ni scribe avec moi ; ainsi votre majeste Imperiale voudra bien se contenter dela reponse d'un vieux soldat, quilui ecrit avec probite, et avec franchise sur un des sujets les plus importans que la politique ais fournis dqpuis long-teni])s. Personue plus que moi ne desire de maintenir lapaix, et la bonne harmonic entre les puissances tie l'Europe : mais il y a des bornes a tout, et il se trouve des cas si epineux que la bonne volonte ne sutht pas seule, pour maintenir les choses dans le repos et la tranquillity Que votre majeste me permette de lui exposer nettement l'etat de la question de nos affaires actuelles. II s'agit de savoir, si un empercur peut disposer selon sa volonte des fiefs de l'empire ? Si Ton prend 1'affirmatiFe, tous ces fiefs deviennent des timariots qui ne sont qu'a vie, ct dont le sultan dispose apres la mort du posscsseur. Or e'est ce qui est contraire aux lois, aux coutumes, et aux usages de Pempire Remain. Aucun prince n'y donnera les mains ; chacun provoquera au droit feodal, qui assure ces posses- sions a ses descendans, et personne ne consentira a cimen- tcr lui-meme le pouvoir d'un despote, qui tot ou tard le depouillera lui et ses enfans de ses possessions immemo- riales. Voila done ce qui a fait crier tout le corps Germa- niques contre la facon violente dont la Baviere vienl d'etre 78 -APPEXOIX, envahie. Moi comme membre deTempire et comme ayant rappclle la paix de Weslphalie par le traite de Huberts* botirg, je me trouve directement engage a soutenir les im* munifes, les liberies, ct les droits du corps Germanique, les capitulations imperiales, par lesquelles on limite le pouvoir du chef de Tempire, afin de prevenir les abus qu'il pourroit fake de sa pre-eminence. Voila, sire, au vrai, l'etat des choscs. Mon interest per- sonnel n'y est pour rien ; raais je suis persuade que voire majeste me regarderoit eHe-meme comme un homme lachc et indigne de son estime, si je sacrifiois bassement les droits, immunites, ct privileges que les electeurs et moi avons rccus de nos ancetres. Je continue a. lui parler avec la meme franchise. J'aime et j*honore sa pcrsonne. II me sera certainement dur de combattre contre un prince doue d'excellentes qualites, et que jVstime personnellement. Voiei done selon mes foibles lumiercs des idecs que je sou- mets aux vues superieures de votre majeste Imperiale. Je confesse que la Bavierc selou le droit de convenance peut convenir a la maison Imperiale. Mais comme d'ailleurs tout autre droit lui est contraire dans cette possession, ne pourroit-on pas, par des erruivalens satisfaire le due de Deux-ponts ? Ne pourroit-on pas trouver de quoi indemni- scr Telecteur de Saxe sur les alleux de la succession de Bavierc ? Les Saxons font monter leurs pretentions a 37 millions de florins : mais ils en rabattroient bien quelque chose en faveur de la paix. C'est, sire, a de telles propo* sitions, en n'oubliant pas le due de Mecklenbourg, que votre majeste Imperiale me verroit concourir avec joie ; parcequ'elles scroient conformes a ce que demandent mes devoirs et la place que j'occupe. J 'assure a votre majeste quejene mYxpliquerois pas avec mon frere avec plus de franchise que j'ai l'honneur de lui parler. Je la prie de f'airc ses reflexions sur tout ce que je prends la liberie de lui representer ; car voila lefait dont il s'agit. La succes- sion d'Anspach y est tout a-fait etrangere. Nos droits VOLUME VI. 79 sont si legitimes que personne ne peut nous les rendre liti- gieux. C'est ce Van Swieten qui rn'en parla il y a je crois quatre a six ans, etqui me dit que la cour Imperiale seroit bien aise s'il y avoit quelque troc a proposer, parceque j'oterois a sa cour la superiority de voix dans le cercle de Franconie, et qu'on ne voudroit pas de riaon voisinage pres d'Egra en Boheme. Je lui repoudis qu'on pouvoit se tranquilliser encore, parceque le margrave d'Anspach se portoit bien, et qu'il y avoit tout a parier qu'il me sur- vivroit. Voila tout ce qui s'est passe sur cette matiere, ct votre majeste Imperiale peut etre persuadee que je lui dis la verile. Quant au dernier memoire que j'ai recu du prince Kaunitz, le dit prince paroit avoir eu de l'humeur en le dressant. La reponse ne pourra arriver ici que dans huit jours. J 'oppose mon flegme a ses vivacites, et j'attends surtout ce que votre majeste Imperiale aura la bonte de decider sur les sinceres representations que je prends la liberte de lui fa ire, etant avec la plus haute estime, et avec la plus haute coniideration, Monsieur mon frere, de votre majeste Imperiale, le bon frere et cousin, FREDERIC, S'il ra'est arrive de manquer au ceremonial, j'en fais mes excuses a votre majeste Imperiale; mais foi d'hon- neur, a 40 millesa la ronde, il n'y a personne qui puisse m'instruire. This correspondence was continued in a series of letters } published at the end of the 4th vol. of the king of Prussia's History of his own Times. They are too numerous, and are too slightly connected with the history of Great Britain, to entitle them to a place in this collection. In general it may be remarked, that the letters of tJae emperor are 80 APPENDIX. 'trifling-, vcak, and vain, while those of the king 1 , con* formably lo the high reputation he possessed, are clear, firm, and energetic, though couched in terras of the most guarded respect. It is only necessary to add, that the contest terminated in the cession of the district of Burg- hausen, to the house of Austria, and the relinquishment of the remaining part of the Duchy to the elector Palatine. ADDRESS OF THE ROMAN CATHOLIC PEERS AND COMMONERS TO THE KING, mat 1st, 1778. MOST GRACIOUS SOVEREIGN, We, your majesty's dutiful and loyal subjects, the roman catholic peers and commoners of your kingdom of Great Britain, most humbly hope, that it cannot be offen- sive to the clemency of your majesty's nature, or to the maxims of your just and wise government, that any part of your subjects should approach your royal presence, to assume your majesty of the respectful affection which they bear to your person, and their true attachment to the civil constitution of their country : which having been perpe- tuated through all changes of religious opinions and esta- blishments, has been at length perfected by that revolu- tion, which has placed your majesty's illustrious house on the throne of these kingdoms, and inseparably united your title to the crown with the laws and liberties of your peo- ple. Our exclusion from many of the benefits of that consti- tution has not diminished our reverence to it. We be- hold with satisfaction the felicity of our fellow subjects ? and we partake, of the general prosperity which results from an institution so full of wisdom. We have patiently submitted to such restrictions and discouragements as the VOLUME VI. 81 legislating thought expedient. We have thankfully re- ceived such relaxations of the rigour of the laws, as the mildness of an enlightened age, and the benignity of your majesty's government have gradually produced; and we submissively wait, without presuming to suggest either rime or measure, for such other indulgences as those happy causes cannot fail in their own season to effect. \V e beg leave to assure your majesty, that our dissent from the legal establishment in matters of religion is purely conscientious ; that we hold no opinions adverse to your majesty's government, or repugnant to the duty of good citizens. And we trust that this has been shewn more decisively by our irreproachable conduct for many years past, under circumstances of public discountenance and displeasure, than it can be manifested by any de- claration whatever. In a time of public danger, when your majesty's subjects can have but one interest, and ought to have but one wish and one sentiment, we humbly hope it will not be deemed improper to assure your majesty of our unreserved affec- tion to your government, of our unalterable attachment to the cause and welfare of this our common country, and our utter detestation of the designs and views of any foreign power against the dignity of your majesty's crown, the safety and tranquillity of your majesty's subjects. The delicacy of our situation is such, that we do not presume to point out the particular means by which we i»av be allowed to testify our zeal to jour majesty, and our wishes to serve our country ; but we entreat leave faithfully to assure your majesty, that we shall be per- fectly ready on every occasion to give such proofs of fidelity, and the purity of our intentions, as your ma- jesty's wisdom, and the sense of the nation, shall at any time deem expedient. The above temperate and judicious, yet forcible address, api'eivd. vol. vi. a 83 APPENDIX. was signed by the duke of Norfolk, the lords Surry and Shrewsbury ; Linton, for (he Scotch ; Stourton, Pctre, Arundel, I )ormcr, Teynh am, Clifford ; and one hundred and sixty-three commoners. MANIFESTO PROMULGATED BY THE AMDHTCAN COMMISSIONERS APPOINTED BY THE KING. A. D. 1778. Having amply and repeatedly made known to the congress, and having also proclaimed to the inhabitants of Nortli America in general, the benevolent overtures of Great Britain towards a re-union and coalition with her colonies, Ave do not think it consistent either with the duty we owe to our country, or with a just regard to the characters we bear, to persist in holding out offers, which in our estimation required only to be known, to be most gratefully accepted ; and we have accordingly, excepting only the commander-in-chief, who will be detained by military duties, resolved to return to England a few weeks after the date of this manifesto and proclamation. Previous, however, to this decisive step, we are led by a just anxiety for the great objects of our mission, to en- large on some points which may not have been sufficiently understood; to recapitulate to our fellow -subjects the blessings which we are empowered to confer, and to warn them of the continued evils to which they are at present blindly and obstinately exposing themselves. ' To the members of the congress then we again declare, that we are ready to concur in all satisfactory and just arrangements for securing to them and their respective constituents the re-establishment of peace, with the ex- emption from any imposition of taxes by the parliament of Great Britain, and the irrevocable enjoyment of every VOLUME VI. S3 privilege consistent with that union of interests and force on which our mutual prosperity and the safety of our common religion and liberties depend. WCagain assert, that the members of the congress were not authorized by their constituents either to reject oar offers without the pre- vious consideration and consent of the several assemblies and conventions, their constituents, or to refer us to pre- tended foreign treaties, which they know were delusively framed in the first instance, and which have never ye.t been ratified by the people of this continent. And we once more remind the members of this congress, that they are responsible to their countrymen, to the world, and to God, for the continuance of this war, and for all the mi- series with which it must be attended. To the general assemblies and conventions of the dif- ferent colonies, plantations and provinces above-mentioned, we now separately make the offers which we originally transmitted to the congress ; and we hereby call upon and urge them to meet expressly for the purpose of consider- ing whether every motive, political as well as moral, should not decide their resolution to embrace the occasion of cementing a free and firm coalition with Great Britain. It has not been, nor is it our wish, to seek the objects wnicli we are commissioned to pursue, by fomenting popular di- visions and partial cabals. We think such conduct would be ill-suited to the generous nature of the offers made, and unbecoming the dignity of the king and the state which make theim But it is both our wish and our duty, to encourage and support any men, or bodies of men, in their return of loyalty to our sovereign and affection to our fellow-subjects. To all others, free inhabitants of this once happy em- pire, we also address ourselves : such of them as are ac-' tually ih arms, of whatsoever rank or description, will do well to recollect that the grievances, whether real or supposed, which led them into this rebellion, have been g2 S4 APPENDIX, forever removed, and that the just occasion is arrived for their returning to the class of peaceful citizens. But if the honours of a military life arc become their object, let them seek those honours under the banners of their right- ful sovereign, and in fighting the battles of the united British empire against our late mutual and natural ene- mies. To those whose profession it is to exercise the functions of religion on this continent, it cannot surely be unknown, that the sovereign power with which the congress is en- deavouring to connect them, has ever been averse to tole- ration, and inveteratcly opposed to the interest and free- dom of the places of worship which they serve; and that Great Britain, from whom they are for the present separated, must, both from the principles of her consti- tution and of protestantism, be at all times the best guar- dian of religious liberty, and most disposed to promote and extend it. To all those who can estimate the blessings of peace, and its influence over agriculture, arts, and commerce ; who can feel a. due anxiety for the education and esta- blishment of their children, or who can place a just value on domestic security, we think it sufficient to observe, that they arc made by their leaders to continue involved in all the calamities of war, without having either a just object to pursue, or a subsisting grievance which may not instantly be redressed. But if (here be any persons who, divested of mistaken resentments, am! uninfluenced by selfish interests, really think that it is for the benefit of the colonies to separate themselves from Great Britain, and that so separated they will find a constitution more mild, more free, and better calculated fortheir prosperity, than that which they hereto- fore enjoyed, and which we are empowered and disposed to renew and improve, with such persons we will not dispute a position which seems to be sufficiently contradicted by VOLUME VI. 65 (he experience they have had. But we think it rig-lit to leave them fully aware of the change which the maintain- ing of such a position must make in the whole nature and future conduct of this war; more especially, when to this position is added the pretended alliance with the court of France. The policy as well as the benevolence of Great Britain, have thus far checked the extremes of war, when they tended to distress a people still considered as our fellow-subjects, and to desolate a country shortly to become again a source of mutual advantage ; but when that country professes the unnatural design, not only of estranging herself from us, but of mortgaging herself and her resources to our enemies, the whole contest is changed ; and the question is, how far Great Britain may, by every means in her power, destroy or render useless a connexion contrived for her ruin, and for the aggrandizement of France ? Under such circumstances, the laws of self-preser- vation must direct (he conduct of Great Britain, and if the British colonies are to become an accession to France, will direct her to render that accession of as little avail as pos- sible to her enemy. If, however, there are any who think, that i:o!\v;!li- slanding these reasonings, the independence of the colonics will, in the result, be, acknowledged by Great Britain, to ihern Ave answer without reserve, that we neither possess nor expect powers for that pu.rpo.se.; and that if. 'Great Britain could ever have sunk so low as to adopt such a measure, we should not have thought ourselves compelled to be the instruments in making a concession which would in our opinion be calamitous to the colonies for whom it was made, and disgraceful as well as calamitous to the country from whom it is required. And we think proper to declare, that in this spirit and sentiment we have regularly written from the continent to Great Britain. It will now become the colonies in general to call to mind their own solemn appeals to heaven in the beginning g 3 10 APPENDIX. of tliis contest, that they took arms only for i\\e redress of grievances, and that it would be their wish as well as their interest, to remain for ever connected with Great Britain. We again ask them whether all their grievances, real or supposed, have not been fully redressed ? and we insist, that the offers we have made leave nothing to be wished in point either of immediate liberty, or permanent security. If those oilers are now rejected, we withdraw from the exercise of a eommission with which we have in vain been honoured : the same liberality will no longe/ be due from Great Baitain, nor can it either injustice or policy be expected from her. In fine, and for ihe fuller manifestation as well of the disposition we bear, as of the gracious and generous pur- poses of the commission under which we aet, we hereby declare, that whereas his majesty, in pursuance of an act made and passed in the last session of parliament, entitled " an act to enable his majesty to appoint commissioners •with sufficient powers, to treat, consult, and agree upon the means of quieting the disorders now subsisting in certain of the colonies, plantations and provinces in North America," having been pleased to authorize and empower us to grant a pardon or pardons to any number or descrip- tion of persons within the colonies, plantations, and pro- vinces of New Hampshire, Massachusetts Bay, Rhode Jsland, Connecticut, New York, New Jersey, Pennsyl- vania, the three lower counties on the Delaware, Mary- land, Virginia, North Carolina, South Carolina, and Georgia: And whereas the good effects of the said au- thorities and powers towards the people at large would have long since taken place, if a due use had been made of our first communications and overtures, and have thus far been frustrated only by the precipitate resolu- tion of the members of the congress not to treat with tis, and by their declining to consult with their consti- VOLUME VI. 87 tnents; we now, in making our appeal to those consti- tuents, and to the free inhabitants of this continent in general, have determined to give them what in our opi- nion should have been the first object of those who ap- peared to have taken the management of their interests, and adopt this mode of carrying the said authorities and powers into execution. We accordingly hereby grant and proclaim a pardon or pardons, of all and all manner of treasons or misprisions of treasons, by any person or persons, or by any number or description of persons within the said colonies, plantations, or provinces, coun- selled, commanded, acted, done, on or before the date of this manifesto and proclamation. And we further declare and proclaim, that if any person or peVsons, or any number or description of persons within the said colonics, plantations, or provinces, now actually serving either in a military or civil capacity in this re- bellion, shall at any time during the Continuance of this manifesto and proclamation, withdraw himself or them- selves from such civil or military service, and shall continue thenceforth peaceably as a good and faithful subject or subjects to his majesty to demean himself of themselves, such person or persons, or such number and description of persons, shall become, ami be t'uAW entitled to, and hereby obtain all the benefits of tnc pardon or pardons hereby granted, excepting only from the said pardon or pardons every person, and every number or de- scription of persons, who, after the date of this mani- festo and proclamation, shall, tinder the pretext of autho- rity as jtidges, jurymen, ministers, or officers of civil jus- tice, be instrumental in executing and putting to death my of his majesty's subjects within the said colonies, plantations and provinces. And we think proper further to declare, that nothing herein contained is meant, or shall be construed to set ai c. 4 S9 APPENDIX. liberty j any person or persons now being prisoner or pri- soners, or who during the continuance of this rebellion j>hall become a prisoner or prisoners. And we oiler to the colonies, at large or separately, a general or separate peace, with the revival of their ancient government, secured against an\- future infringements, and protected for ever from taxation by Great Britain. And with respect to such further regulations, whether civil, military, or commercial, as they may wish to be framed and established, we promise all the concur- rence and assistance that his majesty's commission au- thorizes and enables us to give. And we further declare, that this manifesto and pro- clamation shall continue and be in force forty days from the date hereof, that is to say, from the third day of "Oc- tober to the eleventh day of November, both inclusive. And in order that the whole contents of this manifesto and proclamation may be more fully known, we shall di- rect copies thereof, both in the English and German language, to be transmitted by flags of truce to the con- gress, the general assemblies, or conventions of the colo- nies, plantations, and provinces, and to several persons both in civil and military capacities within the said colonies, plantations, and provinces. And for the further security in times to come, of the several persons, or numbers or de- scriptions of persons, who are, or may be, the objects of this manifesto and proclamation, we have set our hands and seals to thirteen copies thereof, and have transmitted the same to the thirteen colonics, plantations, and provinces, above- mentioned ; and we are willing to hope, that the whole of this manifesto and proclamation will be fairly and freely published and circulated for the immediate, general, and most serious consideration and benelit of all his majesty's subjects on this continent. And we earnestly exhort ail per- sons who by this instrument forthwith receive the benefit of the king's pardon, at the same time that they entertain a VOLUME VI. m becoming sense of those lenient and affectionate measures whereby they are now freed from many grievous charges which might have risen in judgment, or have been brought in question against them, to make a wise improvement of the situation in which this manifesto and proclamation places them, and not only to recollect, that a perseverance in the present rebellion, or any adherence to the trea- sonable connexion attempted to be framed with a fo- reign power, will, after the present grace extended, be considered as crimes of the most aggravated kind ; but to vie with each other in eager and cordial endeavours to secure their own peace, and promote and establish the prosperity of their countrymen, and the general weal of the empire. And pursuant to his majesty's commission, we hereby require all officers, civil and military, and all others his majesty's loving subjects whatsoever, to be aiding and assisting unto us in the execution of this our manifesto and proclamation, and of all the matters herein contained. Given at New York, this third day of October, 1778. CARLISLE, II. CLINTON, WM. EDEN. This tedious manifesto — no less contemptible than de- testable — exhibits upon the very face of it, the indelible stamp of weakness and wickedness, of insolence and mean- ness. The weakness of it appears in the foolish and ex- travagant supposition pervading the whole, that the Ame- ricans could possibly, by such inducements as this paper holds out, be prevailed upon to rescind that declaration of independence to which they had nobly and resolutely adhered in circumstances so much less favourable to its final establishment : — its wickedness, in the menaces it con- tains of converting the country into a scene of universal desolation, in case the terms proposed by Great Britain <)0 APPENDIX. were not complied with : — its insolence, inihe modes of ex- pression used in relation to the congress ; " their pretended foreign treaties" — "their treasonable connexions with fo- reign powers," &c. — its meanness, in offering terms of recon- ciliation, actuated merely by motives of fear, so far beyond what the colonies themselves had at any time asked, or the British government had ever shewn the least/lisposition to concede, from sentiments of justice, policy, or benevo- lence. Of the pride and the folly of the English court at this period, a more striking representation could not be drawn by the pen of satire ; and in this consists the real merit of the commissioners' manifesto. PROTEST OF THE LORDS, AGAINST THE MANIFESTO OF THE THREE AMERICA* COMMISSIONERS. A. D. 1773. Die Luna', Dec. 7, 177&» Moved, That an humble address be presented to his ma- jesty, to express to his majesty the displeasure of this house at a certain manifesto and proclamation, dated the third day of October, 1778, and published in America under the hands and seals of the earl of Carlisle, sir Henry Clinton, knight of the bath, and Wm. Eden, Esq. and countersigned byAdam Ferguson, Esq. secretary to the commission ; the said manifesto containing a de- claration of the following tenor : " If there be any persons who, divested of mistaken re- sentments, and uninfluenced by selfish interests, really think it is for the benefit of the colonies to separate them- selves from Great Britain, and that so separated they will VOLUME VI. 91 find a constitution more mild, more free, and better cal- culated for their prosperity than that which they heretofore enjoyed, and which we are empowered and disposed io renew and improve ; with such persons we will not dis- pute a position which seems to be sufficiently contradicted by the experience they hive had. But we think it right to leave them fully aware of the change which the main- taining such aposition must make in the whole nature and future conduct of the war, more especially, when to this position is added the pretended alliance with the court of France. The policy as well as .the benevolence of Great Britain have thus far checked the extremes of war, when they tended to distress a people stiil considered as our fellow -subjects, and to desolate a country shortly to become again a source of mutual advantage; but when that country professes the unnatural design, not only of estranging herself from us, but of mortgaging herself and her resources to our enemies, the whole contest is changed ; and the question is, how far Great Britain may, by every means in her power, destroy or render useless a connexion contrived for her ruin, and for the aggrandizement of France? Under such circumstances, the laws of self-pre- servation must direct the conduct of Great Britain, and if the British colonics are to become an accession to France, will direct her to render that accession of as little avail as possible to her enemies." To acquaint his majesty with the sense of this house, that the said commissioners had no authority whatsoever, under the act of parliament in virtue of which they were appointed by his majesty, to make the said declaration, or to make any declaration to the same or to the like pur- port : nor can this house be easily brought to believe, that the said commissioners derived any such authority from his majesty's instructions. Humbly to beseech his majesty, that so much of the said manifesto as contains the said declaration, be forth- 92 APPENDIX. with publicly disavowed by his majesty, as containing matter inconsistent with the humanity and generous cou- rage which at all times have distinguished the British na- tion ; subversive of the maxims which have been esta- blished among Christian and civilized communities ; dero- gatory to the dignity of the crown of this realm ; tending to debase the spirit and subvert the discipline of his ma- jesty's armies, and to expose his majesty's innocent sub- jects in all parts of his dominions to cruel and ruinous re- taliations. Which being objected to, after long debate the ques- tion was put thereon. — It was resolved in the negative : Contents, . . . 34 ^ „ 7 Proxies, ... 3) Not Contents, . 55 > nA > 71 Proxies, . . . 16 3 Dissentient, I. Because the public law of nations, in affirmance of the dictates of nature, and the precepts of revealed reli- gion, forbids us to resort to the extremes of war upon our own opinion of their expediency, or in any case to carry on war for the purpose of desolation. We know that the rights of war are odious, and instead of being ex- tended upon loose constructions and speculations of dan- ger, ought to be bound up and limited by all the re- straints of the most rigorous construction. We are shocked to see the first law of nature, self-preservation, perverted and abused into a principle destructive of all other laws, and a rule laid down by which our own safety is rendered incompatible with the prosperity of mankind. Those objects of war which cannot be compassed by fair and honourable hostility, ought not to be compassed at all. An end that has no means but such as are unlawful, is an unlawful end. The manifesto expressly founds the change VOLUME VI. 93 it announces, from a qualified and mitigated war to a war of extremity and desolation, on the certainty that the provinces must be independent, and must become an ac- cession to the strength of an enemy. In the midst of the calamities by which our loss of empire has been preceded and accompanied, in the midst of our apprehensions for the farther calamities which impend over us, it is a matter of fresh grief and accumulated shame to see, from a com- mission under the great seal of this kingdom, a declaration for desolating a vast continent, solely because we had not the wisdom to retain, or the power to subdue it. II. Because the avowal of a deliberate purpose of vio- lating the law of nations, must give an alarm to every state in Europe ; all common-wealths have a concern in that law, and are its natural avengers. At this time, sur- rounded by enemies and destitute of all allies, it is riot necessary to sharpen and embitter the hostility of declared foes, or to provoke the enmity of neutral states. We trust, that by the natural strength of this kingdom we are secured from a foreign conquest, but no nation is secured from the invasion and incursions of enemies. And it stems to us the height of phrenzy, as well as wickedness, to expose this country to cruel depredations, and other outrages too shocking to mention, but which are ail contained in the idea of the extremes of war and desolation, by establishing a false, shameful, and pernicious maxim, that where we have no interest to preserve, we are called upon by necessity to destroy. This kingdom has long enjoyed a profound internal peace, and has flourished above all others in the arts and enjoyments of that happy •tate. It has been the admiration of the world for its cul- tivation and its plenty ; for the comforts of the poor, the splendour of the rich, and the content and prosperity of all. This situation of safety may be attributed to the greatness of our power. It is more becoming and more true, that we ought to attribute that safety, and the power 94 APPENDIX. which procured it, to the ancient justice, honour, huma- nity and generosity of this kingdom, which brought down the blessing of Providence on a people who made their prosperity a benefit to the world, and interested all nations in their fortune; whose example of mildness and benignity, at once humanized others and rendered itself inviolable. in departing from those solid principles, and vainly trust- ing to the fragility of human force, and to the eflicacy of arms, rendered impotent by their perversion, we lay down principles and furnish examples of the most atrocious* barbarity. We are to dread that all our power, peace, and opulence, should vanish like a dream, and that the cruelties which we think safe to exercise, because their immediate object is remote, may be brought to the coasts, perhaps to the bosom of this kingdom. III. Because, if the explanation given in debate be ex- pressive of the true sense of the article in the manifesto, such explanation ought to be made, and by as high au- thority as that under which the exceptionable article was originally published. The natural and obvious sense indicates, that the extremes of war had hitherto been checked ; that his majesty's generals had hitherto for- borne, upon principles of benignity and policy, to deso- late the country; but that the whole nature and future conduct of the war must be changed, in order to render the American accession of as little avail to France as pos- sible. This, in our apprehensions, conveys a menace of carrying the war to extremes, or to desolation, or it means nothing. And as some speeches in the house, however palliated, and as some acls of singular cruelly, and per- fectly conformable to the apparent ideas in the manifesto, have lately been exercised, it becomes the more necessary for the honour and safety of this nation, that this expla- nation should be made. As it is refused, we have only to clear ourselves to our consciences, to our country, to our neighbours, and to every individual who may suffer in VOLUME VI. 93 consequence of this atrocious menace, of all part in the guilt, or in the evils that may become its punishment. And we choose to draw ourselves out, and to distinguish ourselves to posterity, as not being the first to renew, to approve, or to tolerate the return of that ferocity and bar- barism in war, which a beneficent religion, enlightened manners, and true military honour, had for a long time banished from the Christian world. Camden, Abingdon, Fitzwilliam, Fortes cue, Grafton, Craven, J. St. Asaph, Richmond, Bolton, Scarborough, Foley, Radnor, Egremont, Abergavenny, Coventry, De Ferrars, Ferrers, Stanhope, Ponsonby, Derby, Cholmondeley Spencer, Rockingham, Tankerville, Manchester, Portland, ' Beaulieu, Harcourt, Effingham, Wycombe, Devonshire. It cannot, and ought not to escape observation, that of all the bishops nresent at the debate which produced this memorable protest, one only, the venerable Shipley of St. Asaph, the friend and disciple of Hoadley, is to befoand in the list of the minority. When all history proves that the clergy, who have by any means risen into power, shew themselves, in their collective capacity, almost uni- formly the determined and inveterate enemies of the civil and religious liberties of mankind, evidently estranged. $6 APPENDIX. from the common sympathies of humanity, this striking- fact is undoubtedly resolvable into certain moral causes, perpetually, though silently, operating. These causes have been, with great philosophical acuteness and preci- sion, developed by Mr. Hume, who has clearly demon- strated, that in a very important sense, priests of all religions are, and ever must be expected to remain, the same. Essays, vol. i. p. 209. VINDICATION OF THE EARL OF CHATHAM. A. D. 1778. Soon after the death of the earl of Chatham, which took place May 1778, a report very injurious to his me- mory was spread abroad with much confidence, that this great statesman had, in the course of the preceding winter, 4i courted a political negotiation" with the carl of Bute. In order to refute this strange notion, a paper was circulated under the sanction of the family, stating the circumstances which led to this misapprehension, bearing the title of " an authentic account of the part taken by the earl of Chatham in a transaction which passed in the beginning of the year 1778." This publication drew a reply from lord Mount Stuart, eldest son of the earl of Bute; which produced a lelter in answer from Mr. Win. Pitt, younger son of the earl of Chatham. The high character and distinguished services of this great man, render the task of rescuing his memory from uurouudod aspersion a sort of historical Obligation. It appears from the vouchers published on this occa- sion, that the singular idea of effecting a political coali- tion between the lords Bute and Chatham, was formed in the winter of 1777-8, by sir James Wright,- late go- VOLUME VI. tf vernor of Georgia, an intimate friend of the former, and communicated b> him to Dr. Addington, the celebrated physician, a no less intimate friend of the latter. Ac- cording to the narrative of Dr. Addington, inserted in the authentic account, sir James Wright, in a conver- sation held with him about the beginning of January, la- mented in strong terms the situation of the country, and gave it as his opinion. " that the only method of saving it was for lord Bute and lord Chatham to unite firmly together." In subsequent conversations, sir James Wright renewed the discourse, adding, " that he was sure lord Bute had the highest respect for lord Chatham ; that he had heard lord Bute bestow great commeiidation on his speech at the beginning of the session, and that the doctor might tell hira so if he pleased." On Monday the second of February $ sir James asked Dr. Addington whether he had mentioned their former conversation to lord Chatham ? He said he had not* Sir James then said, " that since that conversation he had seen lord Bute, and was certain he had the same earnest desire with lord Chatham to save the country ; and was also certain that nobody could save it but lord Chatham, with the assistance of lord Bute — that lord Bute was ready to assist him, and would be secretary of state in the room of lord Weymouth." And being once or twice asked after this meeting, by Dr. Addington, whe- ther lord Bute would have been secretary of state in lord Wey mouth's room ? Sir James answered, *' Yes— he would or would not, just as lord Chatham pleased." At the close of the conversation of February 2d, sir James expressed a wish that the whole which had passed might be communicated to lord Chatham. The doctor considering this overture as a matter of great moment, desired to have in writing the substance of what had been said by lord Bute to sir James. This was acceded to, and early the next morning (Tuesday) a letter was received APPEND. VOL. VI. II m APPENDIX, from sir James Wright by Dr. Addington, who set out with it directly for Hayes. la this leiter sir James was far less explicit than in the previous conversation ; but it contained nevertheless several curious particulars. It is xerbaiim as follows : " As I immediately on my return from lord Bute's, took down in short-hand the principal heads of it, I think I shall not deviate materially from the ycry words of the conversation, at least, if the spirit of his lordship's lan- guage is debilitated, the essential matter of it is the same. 1 told lord Bute, that a friend of mine, whose honour and sincerity I could rely upon, had hinted to me, that he thought lord Chatham had a high opinion of his lord- ship's honour, as well as his sincere good wishes for the public safety*. He inquired who my friend was? 1 told him it was you. He replied, " I know he is much lord Chatham's friend : I know also that he is an honest man, and a man of sense." I related to him the conversa- tion that had passed between yourself and me, at our last mooting. He said, lord Chatham was one of the very iew he had ever acted with in administration, who had shewn great honesty and generosity of sentiment, with a sincere conduct and intention for the king's and the public welfare. That as for himself, he said, he had no con- nexion with any one in administration; that he had not the least distant friendship with lord North, or he should certainly advise him, by all means, to aim at gaining lord Chatham ovcrtotheking'sserviceand confidence. " And, ,? said he, " you may tell your friend doctor Addington, to assure lord Chatham, that if he should think proper to * This was a gross misrepresentation of Dr. Addington's statement of turd Chatham's sentiment*; for the doctor in his narrative expressly declares, " that though he told sir James Wright that lord Chatham he believed bore no ill will to lord Bute, or any man with whom he differed in politics, he had never to the best of his remembrance heard him mention lord Bute'* name," VOLUME Vt. gg take an active part in administration, he shall have my most hearty concurrence anil sincere good wishes ; and you have my full leave to communicate all my sentiments on this subject to your friend." He continued saying many respectful things of lord Chatham ; adding^ " had we not unfortunately disagreed about the last peace, I am sure he and I should have continued such steady friends, that this country would never have experienced her present severe misfortunes." He also said, the prior part of lord Chat- ham's last speecli was manly and constitutional, and could not but induce every one, a well-wisher to his country, to wish to see him again take a part, in the government of the king's affairs, which would be a happiness for the whole empire. He continued saying, ' w perhaps we have men of abilities in the house of lords ; but those in administra- tion, except lord Suffolk, who is usually ill half the year, are none of them sufficiently serious, or attentive enough to the business of the nation, which is now of so much consequence as not to be neglected in the least degree." He therefore could not say he had a good opinion of their conduct. He also said in the course of the conversation, that nothing but the most imminent danger to this country should induce him to take a part in the government of it, zinless in conjunction with an upright and able admini- stration. Much more was said, but of less moment ; how- ever, all tended to convince me that there are not two other men in the kingdom more faithfully inclined to the good and safety of our present distracted nation^ than our two noble friends." On hearing this letter read, lord Chatham dictated the following message, taken down in writing by doctor Ad- dingion, and a copy of it forthwith transmitted to sir James Wright. " Lord Chatham heard with peculiar satisfaction, the favourable sentiments on his subject; of the noble lord with ii 2 J*> APPENDIX. •whom you had talked, with regard to the impending ruin of the kingdom. He fears all hope is precluded, but adds, that zeal, duty, and obedience, may out-live hope ^ that if any thing- can prevent the consummation of public ruin, it can only be new counsels and new counsellors, with- out farther loss of time ; a real change from a sincere con- viction of past errors, and not a mere palliation, which must prove fruitless." As soon as doctor Addington had writ and read to lord Chatham the above answer, he communicated to his lord- ship such parts of the conversation he had held with sir James \\ right, as were not included in the letter — parti- cularly the remarkable circumstance of sir James's having said, that lord Bute and lord Chatham did not differ in po- litical sentiments, with what sir James had told him of the readiness of lord Bute to l>e secretary of state in the room of lord Weymouth. He seemed to think it strange: f* Indeed," said he, " did sir James tell you so ?" — " He certainly told me." After this, the doctor asked lord Chatham, whether he had anyobjection to coming in with lord Bute or lord North? He lifted up his hands, and said, " It. was impossible for him to serve the king and country with either of them : and if any one asks you about it, I desire you to bear witness that you heard me say so." His lordship repeated the same words just as the doctor was leaving him. The next conference between sir James \\ right and the doctor, did not take place till the morning of Friday the 6th of February, when some symptoms of chagrin were discernible on the part of the former. He asked what was meant by the words " real change?" It looks, said he, as if they included lord Bute as well as the ministry. li lord Chatham has a mind to undertake the direction of public aif'iirs, there ^\ili be no objection to his having t lie assistance of lord Camden; but there are some he might VOLUME VI. 101 choose, who could not be admitted. Sir .Tamos farther said, lie was to wait on lord Bute at one that day, ami would send the doctor an answer to lord Chatham's paper between two and three, if lord Bute should choose to give any. Having waited in vain till the next day for the arrival of this expected answer, Dr. Addington wrote, February 7th, Saturday l 2 o'clock, an account of this last conversa- tion with sir James Wright, to the earl of Chatham, in which he mentions, that having called between two and three on Friday, at sir .lames Wright's, for the answer in question, agreeably to his engagement, he found that sir James had been at home, and but a few minutes before his arrival had been bailed back again to his friend, and that he had received at five, a short note only from sir James, saying that he would write him an account of his conversation with lord Bute, by the post next day. The doctor conjectured that more persons than one were to be consulted before this account cotdd be given. " As far," says the doctor, " as 1 could learn 9 all parties would be pleased with your lordship and lord Camden, and that no objection was likely to be made to more than one of your lordship's friends. Sir James wished that your lordship and his friend could have a,n interview, adding, that he really believed it was in the power of your lordship and his friend to save the nation." To this the doctor replied, " that he believed the king and lord Chatham could save the nation, and that lord Bute might be instrumental to its salvation, by turning the royal mind from past errors." Immediately on the receipt of this letter, lord Chatham wrote an answer to it in the following indignant terms : " Hayes, February 7. — The conversations which a certain gentleman has found means to have with you, are on his part of a nature too insidious, and to my feeling, too offensive, to be continued or unrejected. What can this- h 3 103 APPENDIX. officious emissary mean, by all the nonsense lie has at times thrown i ut to you ? The^iext attempt he makes to surprise friendly integrity by courtly insinuation, let him know that his great patron, and your village friend, differ in this — one has brought the king and kingdom to ruin : the other would sincerely endeavour to save it." On the succeeding day (Sunday, February 8th), doc- tor Addington received a letter, dated February 7th, from his friend sir James, who had by this time resumed, no doubt, in conformity to his instructions, all his former good humour. ■' I communicated, my dear doctor," says this political busy-body, il our conversation of yes- terday to my friend soon after 1 left you, and then shewed him a copy of the paper you allowed me to transcribe. You will easily recollect, on my first reading it over with you, the observation I made on that particular expression in it, il a real change, and not a mere palliation," namely, that your noble friend still thought lord Bute had influence in the measures of administration. In the very same light he aLo construed this expression ; he therefore de- sired me to inform you, for the instruction of your friend, that the ill health he had long been subject to, united with, the distresses of his family, had accustomed him to a perfectly retired life, which he hoped as long as he lived steadily to adhere to. He added, that hislong absence from all sort of public business, and the many years which had intervened since he saw the king, precluded him from forming any idea of measures past or to come, but what he gathers from very general conversation, or the newspapers ; and this total ignorance, he said, renders the opinion given of the present dangerous crisis, more alarming to him than it would otherwise be, and much more painful ; as notwithstanding his zeal for the country, love for the king, and Very high opinion of lord Chatham, he has it not in his power to be of the least use in this dangerous emcr- VOLUME VL 103 gency, and that from his heart he wished lord Chatham every imaginable success in the restoration of the public welfare." From this letter it seemed reasonable to infer, that al- though lord Bute had now relinquished the idea of taking a personal share in the future administration, it was still in contemplation to call the great talents of lord Chatham once more into action. And sir James already, as it should seem, regarding- lord Chatham as first minister, concluded his letter with very lavish professions of his own integrity and patriotism, and earnest wishes w that it was in his power to give his correspondent's great and invaluable friend, the most convincing proofs of his assertions, and of the profound veneration he entertained for him." It is somewhat remarkable, that doctor Addington re- ceived by the very same post, the above letter from sir James Wright, declaratory of his profound veneration for lord Chatham, and the note from lord Chatham, express- ing his supreme contempt for sir James Wright. The doctor sent the former immediately to Hayes, and lord Chatham being at the time ill with the gout, lady Chat- ham wrote the doctor an answer,, acknowledging the let- ter of sir James Wright to be handsomely written, and sufficiently explicit, and at the same time, by her lord's desire, pointing cut the great incongruity between this and the former communications. The doctor took the first opportunity to acquaint sir James with the senti* ments contained in this letter, and also with the con- tents of the latter part of lord Chatham's preceding note. This procedure necessarily and abruptly terminated the negotiation*. " Something of mystery hangs over this part of the transaction. When lord Chatham penned his indignant note of February 7, so characteristic of his open and ardent temper, he undoubtedly thought that lord Bute wished by insidious means to draw him into a political coalition, to the very men- lion of which it would disgrace him even to listen. But sir James Wright's H 4 104 APPENDIX. Soon after the publication of doctor Addington 's narra- tive, included in the authentic account, sir James letter of the same date, written with guarded caution, and after a long' pause of deliberation and consultation, set matters in a new and very dif- ferent light. Lady Chatham says, •* It is impossible not to remark how widely it differs from the tenor of some of the intimations conveyed ip former strange conversations to you. The letter now before him, i.e. lord Chatham, is written also with much sense and candour, as coming from a heart touched with the extreme danger of the king and kingdom." And ihe tells Dr. Addington, *' that lord C. desires her to express for him the true sense he has of all his very friendly attention in this very delicate and critical situation." It is evident upon the whole, that lord Chatham, retain- ing his original belief of lard Lutes irresistible influence over the king, was now of opinion that he was disposed to exert it for the purpose of effecting a total change of system, and that relinquishing every idea of taking any ac- tive part in the future administration, he would be satisfied with throwing every thing into the hands of lord Chatham. And this certainly appears to hatfe been the true meaning of sir James Wright's letter, if it contained any terious meaning at all. The note of doctor Addington to lord Chatham, in reply to his indignant one, was written after the receipt of sir James Wright's communication of the 7th, and it is as follows: " I am infinitely obliged to you, my dear lord, for your very kind and friendly cautipn against surprise and insinuation. It shall never be forgot- ten ; and when I see the gentleman next, which perhaps may be to-morrow, your lordship's wise and noble commands shall be literally obeyed. The inclosed letter, which was promised to come yesterday by the post, arrived this morning by a special messenger. It needs no comment of mine. I am sure your lordship will understand the language and drift of it much better than I can, or any body else. I am impatient to see your lordship in town, and pray for a few minutes with you to-morrow. The time is come for you, and you only, to save a king and kingdom. Your lordship knows that I am ever, &c." In this note, the doctor shews himself fully aware of the importance of sir James Wright's last communication, r.nd yet at the same moment resolves to take an infallible method to render the whole negotiation abortive, by disclosing tc sir James, and of course to lord Bute, a declaration penned by lord Chatham under very different circumstances, and when he was actuated by very different views and apprehensions. At the precise time when lord Sute teemed laudably disposed to make every pergonal sacrifice for the good of the conntry, a communication was made to him on the part of lord Chatham, which he must unavoidably regard as a gross insult. And thi» yvas done by the injudicious zeal of doctor Addington, after the receipt of lady Chatham's letter, which so plainly indicated the more favourable vitw VOLUME VI. 205 Wright thought proper publicly and solemnly to declare, that he had no authority directly or indirectly, to suggest to doctor Adding Jon, any terms on which lord Bute wished lord Chatham to come into administration. And some time afterwards, lord Mount Stuart, eldest son of lord Bute, published a statement of this affair, in vindication of his father,, in which he inserted a letter from the earl of Bute to lady Chatham, dated August 16th, 1778, from Luton park, as follows : U MADAM, " I art! happy in the opportunity your lordship gives me, of relating to you all I know concerning a transaction in which both lord Chatham and I, have been strangely misrepresented to each other, and concerning which, so many falsehoods have been industriously propagated. When sir James Wright communicated to^me the very flattering language in which he declared lord Chatham expressed himself concerning rac, 1 was naturally led to mention my regard for his lordship, and the high opinion I entertained of his superior talents, hoping from what was then publicly talked of, to see them once more em* ployed in the ministerial line. And collecting from sir James, that the knowledge of my sentiments would not on this occasion be displeasing, I did not hesitate to express my hearty wishes that this important event might soon take place. Some time after this, I was extremely sur-> prised with a conversation, sir James said, doctor Adding- ton wished to be reported to me. It was in substance, lord Chatham's opinion of the alarming condition we were in, and the necessary measures to be immediately taken upon it. As such a communication to a person in my re- vhich lord Chatham entertained of the overture made on the part of lord Bute, in consequence of the last communication of sir James Wright ; and thus every hope of political salvation frora this quarter, was finally frusw trzted, I0t> APPENDIX* tired situation, seemed only made on a supposition that I had still some share in public councils, it appeared neces- sary for mc to dictate to sir James my answer, in which, after la meriting the dangerous situation of affairs, unknown to me in such an extent, I added, that this affected me the more, as my long illness, and total seclusion from ail public business, put it out of my power to' be of the least service. This, madam, is the whole I» was privy to in this affair, and all that passed between sir James and me upon it." " If any farther explanation can be necessary," says lord Mount Stuart, " from my father, respecting either the de- sign or purport of his message, he allows me to say in his name, that he did perhaps erroneously consider doctor Addington's representations of lord Chatham's manner of speaking of him, as reported at the time by sir James Wright, to be intimations thrown out by his lordship, in order to know his, my father's, sentiments upon the sub- ject of his coming then into administration: for k which reason my father did not scruple to send a message by the person from whom ne derived his information, signifying, that if lord Chatham was appointed to administration, the hearty concurrence of bis judgment, and sincere wishes of success, would follow that appointment. lie avers at the same time, that he did not conceive a thought of proposing himself for any office, or of accepting any office with him ; his own inclination having never prompted him, nor his state of health admitted him, to engage in public business, except on verj r few occasions in the house of lords, from the time of his quitting the treasury in 1763. Neither did he entertain an idea of suggesting to lord Chatham any arrangement of an admi- nistration ; his wishes, and the communication of them through sir James Wright, having solely regarded lord Chatham. M There is another parage which appears to me more VOLUME VL IQ7 material still "with respect to my father, than what I have already mentioned. This is the copy of the note from lord Chatham, in his own hand-writing, to doctor Addington, saying, " The next attempt he (sir James Wright), makes to surprise friendly integrity by courtly insinuation, let him know, that his great patron, and your village friend, differ in this — one has brought the king and kingdom to ruin : the other would sincerely en- deavour to save it." " Here is a letter under the earl of Chatham ? s hand, vouched to be such by the authority of his family, im- puting to lord Bute those counsels which, lord Chatham says, whether justly or erroneously is not the present ques- tion, have ruined the king and kingdom. Every reader will at once have understood this imputation to be founded on lord Chatham's opinion of lord Bute's secret influence, as it is called, by which he has been imagined to dictate or control the measures of the cabinet, ever since the carl of Chatham left it. Lord Bute has not been ignorant of the long prevalence of that error, having seen himself most injuriously treated in consequence of it for many years past, by writers of pamphlets, newspapers, essays, and political paragraphs, all which he passed over in silent indignation and contempt : but when he sees the same cruel mistake advanced and countenanced by such an au- thority as the earl of Chatham, he thinks he should be wanting to himself, if he did not encounter it with the best evidence that can be supposed to lie within his reach . " There are but two persons in the kingdom, who are ca- pable of knowing the negative of that opinion with abso- lute certainty. One of them is of a rank too high to be appealed to, or even mentioned on this occasion ; the other is himself. He docs therefore authorize me to say, that he declares upon his solemn word of honour, he has not had the honour of waiting on his majesty, but at his levee 106 APPENDIX. or drawing-room, nor has he presumed to offer an advice or opinion concerning t^e disposition of offices, or the con- duct of measures, cither directly or indirectly by himself or any other, from the time when the late duke of Cumber- land was consulted in the arrangement of a ministry in 1765, to the present hour." This was folio wul by a well-written letter from Mr. William Pitt, younger son of lord Chatham, tending to establish j in opposition to some remarks of lord Mount Stuart, the general result of the authentic account, u that the late earl of Chatham, not only did not court a political negotiation with the earl of Butc^ but without hesitation peremptorily rejected every idea of acting with iiis lordship in administration" — a proposition which it was indeed idle and absurd to contest. The scene Mas doped by the second appearance of the ;j officious emissary," sir James Wright, on the stage. His letter contained many irrelevant observations, the chief object of which was, to depreciate the highly re- spectable character of Dr. Addington, in order to invali- date the force of his evidence ; but he did not venture ex- plicitly to deny the truth of any fact stated in the doctor's 7tarrative. One assertion only merits specific notice. u The conversations," says sir James Wright, " whatever they were, which passed previously to the 3d February, make no part of what is called the negotiation. For the doctor set out with the caution of a veteran member of the " corps diplomatique." — He determined not to trust to mere conversation. He desired to have in writing the substance of what had passed between him and sir James. He had it in writing. To this written evidence then let the reader advert. It was on that which was written, and on that alone, the doctor was to negotiate. All that had passed, and which was not written, was in that very pa- per declared to be of little concern.''' This passage lies open to severe animadversion. For, VOLUME -VI. lOp 1st, if the paper written by sir James Wright, did in reality hazard such a declaration, it declared a falsehood ; for several things passed in conversation with doctor Ad- dington, which were of great concern, and which the doctor was allowed to communicate to lord Chatham, though they were not contained in the paper — particularly that lord Bute did not differ in political sentiment from lord Chatham, and that he was ready to take the office of secretary of state in the room of lord Weymouth. — But, 2dly, the paper did not make any such false declaration. After relating that lord Bute, in the course of conversation with sir dames W ,r right, had said that a nothing but the mast imminent danger to the country? should induce him to take a part in the government of it, unless in ccn~ junction Kith an upright and able administration'" it is simply added, " that much more was said, but of less moment ;" an expression surely by no means equivalent to that substituted by sir James, of " little concern." — But, Sdly, and chiefly, the written declaration of the 3d Fe- bruary, differs totally, as is justly remarked in lady Chat- ham's note, from the written declaration of the 7th of that month, in which sir James expressly says, in the name, and nearly in the very .words made use of by lord Bute himself, in his letter to lady Chatham, " that he had it not in his power to be of the least use in this dangerous emergency." And in another part of this communication, sir .fames informs doctor Addington, by lord Bute's ex- press desire, for the instruction of his noble friend, that the causes specifically stated in this paper, " had accus- tomed him to a retired life, which he hoped as long as he lived steadily to adhere to." This radical and flagrant inconsistency, sir James Wright makes no attempt what- ever to explain or to palliate. That this " officious emis- sary' 1 far exceeded ihe limits of his commission, is indeed highly probable ; but that he was, in consequence of the artifices practised upojj lord Bute by sir James Wright, 1 10 APPENDIX. allowed to sound the earl of Chatham, through the me- dium of doctor Addington, how far a coalition of mea- sures and of interests between these noblemen would be acceptable to the latter, must be admitted as the hypothe- sis which most easily solves the attendant difficulties. But when lord Chatham had, in his ardent and characteristic language, pointed out the difference between the il great patron" of sir James Wright, and " the village friend'* of doctor Addington, the negotiation .was necessarily and for ever at an end. It amy seems requisite to add, that if the assertion of lord Bute, as to his non-access to the king, was true, and there is no reason to doubt the per- sonal honour of that nobleman, he left those about the royal person, who had too deeply imbibed his lordship's principles and maxims of government, to allow the mo- narch, or the nation, to reap any advantage from his ab- sence. MANIFESTO OF THE COURT OF SPAIN, DECLARING THE MOTIVES WHICH HAVE INDUCED HIS CATHOLIC MAJESTY TO ACT HOSTILELY AGAINST ENGLAND. A. D. 1779- This manifesto extends to such an immoderate length., and is for the most part so futile and frivolous, as to justify the omission of by far the greater proportion of the whole- — retaining those heads of accusation merely, and those details, which are useful for the purposes of general history. MANIFESTO, &C. I. It would be too long to relate minutely, all the griev- ances which Spain might complain of since the conclu* VOLUME VI. m sion of the treaty of peace in 1763. By the 16th article of that treaty, England acknowledged the bay of Hondu- ras as making part of the Spanish dominions. — Not satis- fied with these violences, they have established themselves in many other ports, rivers, and coasts of the Spanisk territory, in the said bay of Honduras, Rio Tinto, Rio Matina, &c. in which places they could not even allege the specious pretence of culling logwood, but manifestly with a design of usurping foreign dominion, and of smuggling various merchandizes without any discretion. Wherever they set their feet for the purposes of settlement, the English behave in the same manner. For example, on the coast of St. Bias, a province of the Darien, they en- gaged the Indians that inhabit the frontiers of the Spanish settlements to raise a revolt — giving them all succours, and decorating them with pompous patents and brevets, or commissions of command, under the protection of Great Britain. Many have been the attempts made by the English within these few years, to drive into rebellion against Spain, those nations of India, their allies and friends, who inhabit the lands contiguous to Louisiana. Applica- tions have been regularly made to the court of London on different occasions, for the redress of various offences of that nature ; and though its answers have been made in general terms, such as these, " we shall take notice of that, and stud the necessary orders ," Spain has not yet seen the alteration which she expected in all wisdom and justice. II. Spain gave in regard to prizes, orders similar to those of France, and it caused them to be put in execu- tion with so much rigour and exactness, that several Ame- rican privateers, and among others, the famous Cunning- ham, exasperated against Spain, retaliated, by using the Spaniards very ill, and making upon them reprisals which have not as yet been delivered back, though often asked for. i!2 " APPENDIX. Ifl. The court of London, with an intent of keeping at hand a specious pretence for a rupture, affected great uneasiness on account of the mercantile correspondence carried on between some merchants of Bilboa, and others of the English colonies, though that correspondence had begun several years before their rupture with the mother country. The English ministry discovered the like unea- siness, for a like mercantile correspondence carried on by some merchants of Louisiana with the Americans, and pretended to call the Spanish government to an account for that contravention to its own laws in that part of the world ; and the English commanders of those parts pretended proudly, that the inhabitants prosecuted by them should flot be allowed to take refuge in Louisiana, whilst the loyalists were made welcome there, being under no appre- hensions for their lives or properties : for whic*h gener- ous dealing, several of them returned thanks to the Spa- nish government. The Spanish government did not con- fine itself to those tokens of humanity. Having heard of a great scarcity of flour prevailing at Pensacola, it spon- taneously sent a good quantity of it into that place : threats, violences, and the hostile proceedings laid down in the foregoing articles, are the only thanks the ministry and the English nation gave for the same. IV. For fear we should be detained in the enumeration of the events anterior to these late times, we shall only say, that the insults offered by the English navy to the Spanish navigation and trade, from the year 1776 till the begin- ning of the present year 1779, were already 86 in num- ber, including prizes taken by unjust practices, piracy, and robberies of various effects out of the vessels ; attacks made with gun-firing and other incredible violences. Since the said month of March, and notwithstanding the memorial presented by the ambassador, marquis d'Al- madovar, on the 14th of the same, in which he com- plained of the principal grievances, and revived the me- VOLUME VI. 113 morials that had preceded, three Spanish ships were taken by the English on the 1 2th, 19th, and 26th April, viz. the Nostra fra de la Conception, the La Virgen de Gracia, and the Las Almas ; which proceeding, together ' with the other insults, of which a detail was sent to the same ambassador, in order to be laid before the English ministry, were sufficient motives for the ambassador to assert in his final declaration, presented to the ministry on the 16th June, that the grievances of the late years did not fall much short of a hundred. V. In the two last years, and till the beginning of March of the present year, the English navy has insulted at twelve different times in the European and the American seas, the ships of his Catholic majesty, &c» VI. The English nation entered the Spanish territories eleven times within a very few years past, &c. VII. The complaints of the court of Spain have been as many as the insults offered ; memorials having been re* peatedly presented from time to time in London and in Madrid ; so that they might be said to have been innume- rable. Nevertheless, the king of England told his parlia- ment precisely, that many of them never came to his knowledge, adding moreover, that he was fully convinced he had never given occasion for the unjust proceedings of Spain. We now say it over again, complaints havebeen so repeatedly made, that on the 5th February, 1778, Don Francisco Escarano, having exposed and shewn some of them in writing to lord Weymouth, did express plainly how tired he was presenting so many. These were the expressions made use of by Spain, in February 1778. Let us now see what that court said on the 14th of March in the present year, by the channel of the marquis of Almadovar, in a memorial written for that purpose to the viscount Weymouth. " In a word, had even every cir- cumstance concurred to hinder or delay the instruction which the British ministry desired, previous to its giving' APPEND. VOL. VI. 1 114 APPENDIX. redress to my court, the king my master, thought at least, that orders sent by his Britannic majesty to his officers, should have stopt the course, at least of those vexations. So far from it, advice is continually received at Madrid, of re- cent injuries." This memorial, given in the month of March, produced nothing but fine promises on the part of the English ministry, without preventing the making prizes, and committing other insults in the months of April and May following. We may reasonably question whe- ther the English ministry ever took the trouble to read the notes or enumeration of the grievances ; and if not, the reason is obvious why his Britannic majesty had never been informed of them, as he was pleased to announce to bis parliament. VIII. All the European powers know full well the practices of the English navy in its depredations : what country has not experienced them, either in the present or the ' ite war between France and England ? IX. The injustice of the sentences pronounced by the English judges of the admiralty, and their extravagant conduct, may be ascertained by the two following cases : The Spanish ship, St. Celmo, &c. — The pacquet, St. Pedro, &c, X. No other power has experienced like Spain, the aggressions and usurpations of the English government, made in the time of the most profound peace, &c. XI. In spite of the projects and public threats of seve- ral members of the English parliament, who proposed to settle the disputes with the Americans, in order to make war against the house of Bourbon, the Catholic king never would make any treaty with the colonies. XII. The Spanish charge des affaires in London, don Francisco Escarano, had instructions (March 24) to de- clare to the English ministry, that though his Catholic majesty had taken no share in what had happened between France and America, and was still resolved to preserve the peace; this was to be understood as long as his majesty VOLUME VI. 115 could make it consistent with the dignify of his crown, &c. XIII. It has been the manifest leading project of Eng- land, to bring about a re-union of the colonies with the crown, in order to arm then ngainst the house of Bour- bon, or to lead that same house into an error, by means of treacherous negotiations and treaties, in order to take re- venge on the colonies, after having made them enemies to France. XIV. The king of Spa-in could not observe a greater circumspection than he did, to avoid engaging himself in a fruitless negotiation, or getting entangled in its conse- quences. Sending orders on the 19th April, 1778, to don Francisco Escarano, directing him to require from the British ministry, a manifest declaration, expressing their real wish and desire for a negotiation with France, by the mediation of his majesty, and setting forth the chief articles whereupon to ground it. Those and other like precautions, became necessary with a ministry that always affects to speak mysteriously, ambiguously, and with artful restrictions, &c. XV. Orders were sent to Escarano, on the 23d and 25th of May, and on the 1st June last year, directing him to keep a profound silence upon the negotiation that had been agitated, and to declare again to the court of Lon- don, that his Catholic majesty was always in the same pa- cific disposition, and would continue so as long as the conduct of the English nation should not compel him to alter his sentiments. XVI. It is evident that hostilities were committed by England against the Spanish territories, and the Spanish flag, under the mask of friendship, and in the midst of the most cordial protestations and assurances of peace. XVII. It would not appear strange, if clandestine or- ders, similar to those given to take possession of the French settlements in the East Indies, had been sent- iu the b-egin- 12 *16 APPENDIX. ningof this year to fall upon the Philippine islands, at ft timewhen his Catholic majesty spared no pains to obtain an honourable peace tor England, and free that nation from great misfortunes and calamities. XVIII. The Catholic king continued his mediation to his most Christian majesty, with an intent of making a peace, not only because his religious and pious heart, and the love he professes to his subjects, and to the human race in general, inspired him with those sentiments ; but moreover, because the court of London continued to insi- nuate its desire of coming to an accommodation with France. And indeed hardly was the count of Almadovar arrived in London, but he acquainted his own court on the 14th September, 1778, that in a long conference he lately had with the viscount Weymouth, that minister had concluded his discourse with these terms : viz. " that the king his master, knew the amiable dispositions of his Catholic majesty ; that he was indebted to him for his de- monstrations of friendship; and most sincerely desired to terminate the present war by his mediation, by a me- thod consistent with the honour of the crown of Great Britain, and by which at the same time an equal regard should be paid to France." In consideration of the usual tenderness and honour due to the crown, lord Weymouth recommended to the marquis d'Almadovar, not to use in his dispatches — as he, Weymouth, would have the same care in his own — these words, "to ask the mediation," but to request and to w ish that. " his Catholic majesty should interpose his mediation." The lord Grantham spoke sub- stantially the same language in Madrid ; and his Catholic majesty having taken it into his consideration, ordered a note or memorial to be delivered to that ambassador, on the 28th of the said month September, and a copy of the same was dispatched to the marquis of Almadovar, with direction to communicate it to the English government. We thought it indispensably necessary to write out the VOLUME VI. 117 answer contained in the same memorial, because it will throw light upon and serve for the right understanding of the said negotiation, and which was as follows : " The king considering what has been written by his ambassador the marquis of Alrnadovaf, and out of love for mankind, and moreover to continue upon good and amicable terms with both the kings of France and Great Britain ; and also lest he might be reproached with refusing to promote, as far as lays in his power, the tranquillity of Europe, he has resolved to notify to each court, that if they sincerely wish to enter into a plan of reconciliation by the mediation of his majesty, without prejudice to the honour of either crown, but with an anticipated anxiety for the dignity of both, the most regular and decent mode of proceeding is, that each court should deliver into the king's hand without delay, and at the same time, the con- ditions and the articles they intend to obtain, or to grant, by the treaty, that his majesty may communicate to the one court the propositions of the other, to the end that they may be modified, discussed, or refused. That after a due examination of the whole, his majesty shall propose his own plan of pacification, to terminate the difference. That the negotiation must stipulate the method of con- certing with the Americans ; without which, the wished for peace cannot be attained. And finally, that at one and t\\e same time the conditions relative to the private interests of England and Spain, shall likewise be discussed and settled. That the king would be sorry if this method was not adopted, or if the negotiation was not conducted with sincerity ; since, in spite of the wishes and pacific dispositions of his majesty, he foresees that the. circum- stances of the present war must oblige him to become a party; the necessity of having his ilag respected, and of repelling the insults which are daily offered to his subjects, having occasioned expensive armaments and immense losses," 13 1 18 APPENDIX. The conclusion of the foregoing answer caused much uneasiness to the court of London, which nevertheless sent a frigate that entered the port of Corunna, on the 10th November, with dispatches for lord Grantham, with the answer of the said court. That answer was delivered on the 14th of the said month of November, and the con- tents of it were, that the court of London accepted with pleasure the mediation of his Catholic majesty, to settle the differences that existed between England and France, provided the latter would withdraw the succours and aid it gave to the colonies. As to the articles relative to the reciprocal interest of Great Britain and Spain, the reply "was, " that his Britannic majesty was ready at all times, and wished earnestly to enter into that discussion ; and to settle them so as to establish reciprocal advantages to "both empires." The Catholic king, in compliance with the tender he had made to both courts, communicated to each of them, on the 20th November, the pretensions, propo- sitions, and overtures made respectively ; persuading both of them with various reasonings, to seek means and temperaments productive of a sincere and honourable re- conciliation. At the same time a letter was sent to the marquis of Ahnadovar, setting forth what follows: viz. " Your excellency is authorized to settle the matters rela- tive to our own interest, on which important business the utmost efforts of your zeal must be employed ; since the king, who wishes sincerely to preserve the peace, will re- ceive the greatest pleasure, if he sees those differences satisfactorily settled. To the same purpose let your ex- cellency remind the English ministry of the generosity of Spain, for its impartial proceedings, in circumstances so critical as the present ones. But let your excellency repre- sent how badly we have been answered, and how ill we are constantly treated by the English navy, as may be ascer- tained from the insults that our navigators receive almost daily in different parts of the ocean, and in the very ports VOLUME VI. ng and places on the coasts of this peninsula. Thai court will understand, that the greatest protestations of friendship have no force to persuade, while repeated insults are never reproved or chastised ; especially after we have been for years exposing \o them our grievances in the most cardial open manner, and with the most cautious expressions. " \ our excellency is not ignorant of what has been regulated by the preliminaries of the treaty of Paris, in the year 17b','3, in the 1-6 til article, relative to the English settlements in the bay of Honduras, and other adjacent territories. It was there stipulated in positive terms, that whatever fortifications had been built, they should be de- molished ; and that the English should only be allowed to have some houses andrmagaz tries, without being molested in the cutting, or in the carriage of the logwood, out of the territories which have always been acknowledged to belong to Spain. Not only that demolition was never per- formed, but the fortifications have been even augmented, and there is now artillery and garrisons in them ; so that those plantations have been converted both into a military government with patents, and by the authority of that court ; and into a permanent colony, by the usurpa- tion of foreign territories, and a formal contravention to the treaties. *' Other enterprises of the same nature hive been made in different parts of those extensive coasts, as your excel- lency will find related in the papers ot the secretaryship . And your excellency is likewise desired to take notice of the artful machinations made use of by 1 1n- English, to arm the Indians against the Spaniards. Tin re being no possibility of establishing a solid and sincere friendship, except redress be given for such notorious grievances, and except they be prevented to happen in future, it becomes the court of London to compensate thotse injuries, accord- ing to the dictates of equity, and then others will be laid before the said court with the same freedom. Those re- 14 i20 APPENDIX. dresses, however, once granted, England will find no in- stances of better disposition than those harboured in the heart of our august sovereign. " I have at different periods acquainted your excellency, as I had often done your predecessor in the embassy, of the various insults we received near Louisiana, wherein the English either instigated the Indians, our allies, to raise a rebellion against us, and to fight us with the arms and am- munition they had put into their hands, or insulted the Spanish plantations and settlements, and even threatened to attack the capital towns with their men of war, under the most frivolous pretences no way excuseable. On this head 1 shall only add, that extortions have been so con- tinual, that they cry aloud for a prompt remedy. (t Finally, your excellency is well informed of all the insults we have suffered, and which we never deserved either by our past or present conduct. Consequently your excellency will expose our rights with the greatest cor* diality and moderation, to the end that the English mi- nistry may be convinced of the rectitude and sincerity of our conduct, and of the necessity of settling at once our differences, and of regulating our claims and interests : at the same time stifling whatever may lead to any future discord, for the respective utility of both nations, upon which I refer to the instructions sent to } r our excellency. A sufficient power has already been invested in your excel- lency, and a greater one will be given if necessary, the more effectually to consolidate the friendship of the two courts ; which important point, and that of a general peace, are the two objects Which the magnanimous heart of our sovereign greatly longs after. I suppose, however, that your excellency will not forget that we can do nothing whatever against the interest of France, whose friendship must always be one of our greatest concerns." In consequence of the facts and transactions already enu- merated, the world will be convinced of the circumspec- VOLUME VI. 121 tion, sincerity, and attention, with which the Catholic king has endeavoured to conclude a peace solidly ce- mented, and to obtain from England redress for an in- finite number of insults. The court of London, more- over, affects now to compel his majesty to take up arms — a part he has already taken, by renewing the insults without any appearance of offering redress. XIX. The propositions of England, in answer to the dispatches of his Catholic majesty of the 20th November, 1778, were not received in Madrid before the 13th Jar nuary, 1779, and were the result of a conference held the 28th of December last, between the marquis d'Alma- dovar and the viscount Weymouth. What has been the conduct of that minister in this occurrence, may be collected from the following expressions contained in the dispatches, designed as an answer, and directed to the mar- quis of Almadovar on the 20th of the same month, Ja- nuary : " I have read to the (Chatholic) king" — these are the very words — ** the whole dispatches of your excel- lency, as well as the paper delivered to you by lord Weymouth. I have at the same time informed his ma- jesty of the remarks and observations that lord Grantham has communicated to me relative to the same object. This ambassador has put into my hands another paper, similar to that which your minister of state * has forwarded by your excellency. Nevertheless I must say, that neither in the explications of lord Grantham, nor in the dis- patches he received from his court, are found the sub- stantial and specific expressions which have been made use of wifh your excellency, in order to induce the king to propose a method of accommodation. Notwithstanding that, I shall tell your excellency with freedom and exact-. ness, the reflections made by the king, the resolution he has taken, and the conduct your excellency should keep, * /. e. The earl of Hillsborough, who had recently succeeded lord W*y« mouth as secretary for the southern department. 122 APPENDIX. to cause it to be understood, and get an answer; and the present dispatches will serve to your excellency as in- structions. " His majesty has already remarked, that the court of London expresses itself differently by word of mouth to what it does in writing ; that is to say, by word of mouth it appears as if that court wished for nothing more eagerly than to hear the convenient and honourable temperament his majesty has found, in order to accede to it — and in writing, it appears that the British ministry persist in their former ideas, expressing only their desire of peace by general protestations." Subsequently to the foregoing reflections, others were set down in the said dispatches to the marquis of Alma- dovar, explaining some thoughts that occurred to his ma- jesty, with a desire of falling into a prudent and honour- able method that might facilitate the pacification. The substance of those ideas was confined to know whether it might be expected that the English cabinet would consent to a long continued truce between the belligerent powers and the colonics, that might be prudently combined to preserve the dignity of each of them, and consolidated with various precautions, to remove any suspicion of a ioew rupture ; for which purpose it should be referred to a subsequent negotiation, or to a congress to be held in an impartiid place, under the mediation of the king, for the stipulating or concluding the treaties that might take place between those powers. XX. From the 20th January of this year, when an extraordinary dispatch was forwarded to London, with the ideas or thoughts of the king, as recited in the above num- ber, the English cabinet deferred giving any answer until the 16th March. At the end of so long a delay, that court came to an explication in a dispatch sent to lord Gran- tham, which was received in Madrid the 2Sth of the same month. It amounted merely to advert at large on the VOLUME VI. 123 reflections contained in that of the court of Madrid of the 20th January ; but it deserves much notice, what sort of satisfaction lord viscount Weymouth gave relative to the difference observed between his manner of explaining him-i self by word of mouth and by writing : " My language" — these arc the words of his answer — " with the marquis d'Almadovar, flowing from my ardent desire for peace, went too far, and were wanting in exactness, if they im- ported a disposition to exchange the royal honour and manifest rights, for a decent exterior and plausible tem- perature." If wilh such a finesse ministers recede from their words, and satisfy (hose with whom they treat, what faith or security can be put in the explanations of a court made solemnly to the ambassador of a powerful king? Be it as it. may, after all the observations contained in the fore-mentioned English dispatch of the 16th March, it concluded with an appearance which flattered the king with an hope, that at least a pacification might be effected. u Let France propose," said the English cabinet, " her complaints, pretensions, or points of any kind whatever, and an adequate answer will be given; or let there be a truce for a certain time between Great Britain and France, during which period the pretensions of the one and the other may be adjusted, through the good offices of his Catholic majesty. Let the colonies," added tiic English cabinet, " propose their complaints, and the conditions for their security and caution, by which may be re-esta- blished the continuance and authority of a lawful govern- ment. We shall then see if we can come to a direct and immediate agreement : or, if they also prefer the method above-mentioned, let there be likewise a truce made with North America, that is, a real truce, and effective suspen- sion of hostilities, during which the liberty and effects of all sorts and classes of persons may be re-established and secured, and all violence suspended on one side and the other, against the respective individuals and the estates or 124 APPENDIX. effects they possess. In these truces the French may treat of their own peculiar matters, without giving the umbrage which would be inevitable, if they mixed in the negotiation their own particular advantages with the sup- posed interests of those whom France affects to call her allies : and his Britannic majesty may establish the go- vernment of his own dominions, without the disagreeable circumstance of receiving the conditions relative thereto from the hands of a declared enemy." XXI. It appears by the opening made by the court of London in the dispatch mentioned in the preceding note, for the purpose of establishing a truce between France and the colonies, that it contained no difficulty except the re- serving for a separate treaty the pretensions of the said power, and those of the American provinces aforesaid, so that France should not interfere in the arrangement of their interests : at least this is what any person of since- rity and good faith would then or even now believe, who read, or now reads the explanations of the English cabinet in that dispatch. Under this supposition, we shall com- municate for the eye of the impartial public, the ultima- tum of the propositions made by the Catholic king to the two courts of Paris and London, he having taken on himself the adjustment of the disputes subsisting with the American provinces, and considering there was not time to communicate to them, or even to France, this his reso- lution, and whereof advice was given to the said courts on the 3d of April in the present year, that is to say, seven days after the having received the answer of the English cabinet. " If these openings or propositions" — thus literally are the expressions of the ultimatum — " had come imme- diately after the king had made his for the forming a plan of reconciliation, many difficulties might already have been removed or adjusted by the modifications which it might have been practicable to have negotiated, if reci- VOLUME VI. 125 procal good faith had existed, and a confidence to con- clude a peace. But having lost more than two months time without mentioning what was neglected before, and observing in this interval there was no need of cessation in the forming great expeditions or preparations, suspi- cions inevitably arose, that the drift was to amuse and consume the remaining months of the campaign, and to continue the war with vigour. If this be the case, every attempt of the king will be useless towards establishing concord between the belligerent powers. Nevertheless, his majesty, to give the last proof of his love of humanity, and that he has not left undone any thing to impede and put a stop to the calamities of war, has commanded that the fol- lowing plan be proposed to the two courts, which on his part is the ultimatum of his negotiation : •' That with a view that this suspension of hostilities may establish reciprocal security and good faith between the two crowns, there shall be a general disarming within one month in all the European seas, within four in those of America, and within eight, or one year, in those remote parts of Africa and Asia. That in the space of one month a place shall be fixed upon, in which the plenipotentiaries of the two crowns shall meet to treat on a definitive ad- justment of peace, regulate the respective restitutions or compensations necessary, in consequence of the reprisals that have been made without any declaration of war, and to settle such matters of complaint or pretension as the one crown may have against the other. To the accom- plishment of which end, the king will continue his media- tion, and does now, for the holding of this congress, make an offer of the city of Madrid. That a like suspen- sion of hostilities shall be separately granted by the king of Great Britain to the American colonies, through the intercession and mediation of his Catholic majesty, to whom the same potentate shall promise the observance thereof, and with the condition that it shall not be broke 126 APPENDIX. without giving to his majesty an anticipated notice of one year, that he may communicate it to the said American provinces ; and that there be established a reciprocal dis- arming, the same as with France, in the same times and places, regulating the limits that shall not be passed by the one or the other party, with respect to the places they may respectively occupy at the time of ratifying this ad- justment. 4C That for settling these particulars, and others relative to the firmness of the said suspension, and to the effects it may produce while it subsists, there shall come to Ma- drid one or more commissaries or agents of the colonies, and his Britannic majesty will send his under the like mediation of the king, if they should be in need of it, to accord or agree in the foregoing ; and that in the mean time the colonies shall be treated as independent in act* ing. " Finally, if it be desired by all or any of the belligc- lent powers, or by the aforesaid colonies, the fore-men- tioned powers shall jointly with Spain guarantee the treaties or agreements which shall be made : the Catholic king now makes an offer of his guarantee* to the said pre- liminaries. " Whoever compares these articles with the preceding openings made by the court of London, will decide, if there can be imagined proposals more moderate, or more analogous to the system laid down by the British cabinet. Perhaps his Catholic majesty has rather gone too far in the moderation to which he reduced the said propositions, taking on himself the difficult task of settling the dis- putes. XXII. The greatest repugnance which the British cabinet affected to shew to the ultimatum and propositions of the king of Spain, rests on the point of treating the colonies as independent in acting during the interval of the truce. To what has been already said may be added. VOLUME VI. 127 what was affirmed in all the public papers of the month of February, 1778, that lord North had on the 17th of the said month, proposed in the house of commons, as a matter of course, " that the commissioners then appointed by the court of London, should treat with the American deputies as if they were plenipotentiaries of independent states, with proviso, that this concession should not be prejudicial to Great Britain, if, in the course of the nego- tiation the colonies should resolve to desist from their claim of independence." It is a thing very extraordinary, and even ridiculous, that the court of London treats the colonies as independent not only in acting, but of right, during this war, and that it should have a repugnance to treat them as such only in, acting, during a truce or suspension of hostilities. The convention of Saratoga ; the reputing general Burgoyne as a lawful prisoner to suspend his trial, the exchange and liberating of other prisoners made from the colonies, the having named commissioners to go and supplicate the Americans at their own doors, request peace of them, and treat with them and the congress; and finally, by a thou- sand other acts of this sort authorized by the court of London, have been, and are true signs of the acknow- ledgment of the independence ; and the English nation it- self may judge and decide, whether all those acts are so compatible with the decorum of the British crown, as would be the granting to the colonies at the intercession of his Catholic majesty, a suspension of hostilities, adjust their differences, and treat them in this interval as inde- pendent states. XXIII. It must appear incredible, after having consi- dered the preceding articles, that the court of London should refuse to accept of the propositions of the ultima- tum of that of Madrid, although with some explanations that it might think necessary : but that court not only rejected them, in its answer given the 4th May, after vari- 123 APPENDIX. ous pretexts for delay, but put forth indirect and strained interpretations of the proposals that were then made, hav- ing the effrontery to say, " that the drift of Spain was to form from the pretensions of the colonies to independence, one common cause with them and with France :" — The British cabinet concluding with saying, " that if the con- ditions which the court of Versailles had communicated to his Catholic majesty, did not present a better aspect than this for the treaty, or did not offer less imperious and unequal terms, the king of Great Britain would only have to lament, that he found the hopes frustrated which he had always conceived, of the happy restoration of peace, as well for his subjects as the world in general." If this is not a want of respect to the mediating king, a real pro- vocation, and evident in consequence, it will be difficult to find expressions more adapted for it. Neither did his Catholic majesty make a common cause with France and the colonies in his last proposals, nor were they made to France, to whom they were not, nor could not for want of time, be communicated before they were transmitted to the court of London, so that the whole apparatus of those haughty expressions of the English ministry amount merely to say, that in spite of the overture made by them- selves on the 16th March, they preferred war to peace, or treating with the fore-mentioned mediator, whom they provokingly insulted, treating him as partially leagued with the enemies of Great Britain, imperious and incon- sistent. In aggravation to all the foregoing, at the same time the British cabinet answered the king of Spain in the terms already mentioned, they were insinuating themselves at the court of France, by means of secret emissaries, and making very great offers to her to abandon the colonies, and make peace with England. But there is yet more ; at the very same time the English ministry were treating by means of another certain emissary with Dr. Franklin, VOLUME VI. 129 minister plenipotentiary from the colonics residing at Paris, to -whom they made various proposals to disunite thorn from France ; and to accommodate matters with England, on conditions almost identically the same as those which ihey had rejected or spurned at as coming from his Catho- lic majesty, but in fact with offers much more favourable to the said colonies. The said treaty went so far as to be extended in formed articles, with various explanations ; and was carried on under the authority of one of the prin- cipal English ministers. Of all this and much more, it would be easy to inform the public by true and formal copies, if it were necessary, or that this implacable enemy hereafter obliges it to be done, and who lias always been treated by Spain with the greatest moderation. XXIV. The true intentions of the court of London being clearly discovered, the Catholic king could not longer with- hold the putting in full force the treaties concluded with France. From what has been observed in the preced ing note, it evidently follows, that the whole of the English policy, was to disunite the two courts of Paris and Madrid, by means of the suggestions and offers she separately made to them ; also to separate the colonies from their treaties and engagements entered into Aviih France, induce them to arm against the house of Bourbon, or more probably to oppress them, when they found, from breaking their en- gagements, they stood alone, and without protectors or guarantees for the treaties they might enter into with the British ministry. This, therefore, is the net they laid for the American states, that is to say, to tempt them with flattering and very magnificent promises to come to an accommodation with them, exclusive of any intervention of Spain or France ; that the British ministry might always remain the arbitrators of the fate of the said colonies, in the point of fulfilling any treaties or agreements they might make. But the Catholic king, faithful on the one part to the engagements which bind him to the mos.t .APPEND, VOL. VI. K. 130 APPENDIX. Christian king, his nephew ; just and upright on the other to his oun subjects, whom he ought to protect and guard against so many insults ; and finally, full of huma- nity and compassion for the Americans, and other indivi- duals who suffer from the calamities of the present war, he is determined to pursue and prosecute it, and to make all the efforts in his power, until he can obtain a solid and per- manent peace, with full and satisfactory securities that it shall be observed. XXV. To attain, as before-mentioned, the much de- sired end of a secure peace, it is absolutely necessary to curtail and destroy the arbitrary proceedings and maxims of the English maritime power; to the attain- ment of Avhich, all other maritime powers, and even all nations in general, are become much interested. The Ca- tholic king, for his part, has done all he possibly could, that the insults founded in such proceedings and maxims should be put an end to, but this he has not been able to effect by amicable means. On the contrary, injuries have been repeatedly continued, as has been re- presented in the negotiation set on foot with England by the mediation of the said monarch. The court of Lon- don has become forgetful in these later times, that she should have adjusted and settled her differences with Spain according to the agreement. In the same month of May, in which this negotiation was put an end to, there came advices, of the violence committed by English ships and their crews, in the river St. John, and bay of Honduras, of which mention has been made in note the first, and it was known also with great probability, that the English cabinet had given anticipated orders for the invasion of the Philippine islands. From such deeds, as well as from the foregoing, the impartial and candid world will be enabled to do justice in this famous contro- versy, and decide whether the declaration presented by the marquis of Almadovar, on the ICth June last, is founded VOLUME VI. 131 in reason and truth ; in the mean while, it should be ob- served that the court of London, on the 18th of said month, issued orders for commencing and committing hostilities, and making reprisals against Spain, who did not issue similar orders till after she had received advice thereof. END OF VOL. VS, Printed by B. M Willart, ? Bow Street, Coyeot Gard«a. $ mmtmmm mtm maamammmm g— ■ nW*BgM—»w — VOLUME THE SEVENTH. Printed by 8. M'Millan, ? How-Street, C'ovent-Garden. $ APPENDIX: CONTAINING STATE PAPERS AND AUTHORITIES, SEVENTH VOLUME. DECLARATION FROM THE EMPRESS OF RUSSIA TO THE COURTS OF LONDON, VERSAILLES, AND MADRID, APRIL, 1780. * J^HE esapress of all the Russias has so fully manifested her sentiments of equity and moderation, and has given such evident proofs, during the course of the war that she supported against the Ottoman Porte, of the regard she has for the rights of neutrality, and the liberty of uni- versal commerce, as all Europe can witness, that her conduct, as well as the principles of impartiality which she has displayed during the present war, justly inspired her with the fullest confidence that her subjects would peaceably enjoy the fruits of their industry, and the ad» vantages belonging to a neutral nation. Experience has nevertheless proved the contrary. Neither the above- mentioned considerations, nor the regard to the rights of nations, have prevented the subjects of her Imperial ma- jesty from being often molested in their navigation, and stopped in their operations, by those of the belligerent powers. These impediments to the liberty of trade in general, and to that of Russia in particular, are of a na- APPEND. VOL. VII. S 2 AFPEXDIX. turc to excite the attention of all neutral nations. The ss finds herself obliged therefore to set it free, by all the means compatible with bur dignity arid the well-being of her subjects ; but before she puts this design into execution, and with a sincere intention to prevent any future in- fringements, she thought it but just to publish to all Eu- rope the principles she means to follow, as the best adapted to prevent any misunderstanding, or any occur- rences that may occasion it. Her Imperial majesty does it with the more confidence, as she finds these principles coincident with the primitive right of nations, to which everj,' people may appeal, and which the belligerent powers cannot invalidate, without violating the laws of neuTrajity, and without disavowing the maxims they have adopted in their several treaties and public engage- ments < They are reducible to the following points: i. That all neutral ships may freely navigate from port to port, and on the coasts of nations at war, II. That the effects belonging to the subjects of the said warring powers shall be free in all neutral vessels, except contraband merchandize. III. That the empress, as to the specification of the above-mentioned merchandize, adheres to what is men- tioned in the 10th and 1 1th articles of her treaty of com- merce with Great Britain, extending the terms of it to all the powers at war. IV. That to determine a. bat is meant by a blocked-up poit, it ik only to be understood of one which is so com- prefely guarded by thesbips of the pVnvcr that attacks it, and which are stationed there, that it is dangerous to any a essei to enler it. V. That these principles serve as a rule for proceed- ings and judgments upon the legality of prizes. Her imperial majesty, in publishing these particulars, does not hesitate to declare, that for maintaining them, and for protecting the honour of her flag, the security of VOLUME VII. the trade and navigation df her subjects, she has equipped the greatest part of her maritime forces. This measure -will not, however, iniimmce the strict neutrality she does observe, and will observe, so long as she is not provoked and forced to break ihe bounds of moderation and perfect impartiality. It will be only in this extremity that her fleet have orders to go wherever honour, interest, and ne- cessity may require. In giving (his solemn assurance with the usual open* ness of her character, the empress cannot do other than promise herself that the belligerent powers, convinced of tlie sentiments of justice and equity which animate her, will contribute towards the accomplishment of these salu- tary purposes, so manifestly tending to the good of all na- tions, and to the advantage even of those at war ; in con- sequence of which her Imperial majesty will furnish her commanding officers with instructions conformable to the above-mentioned principles, founded upon the primitive laws of nations, and so often adopted in their conven- tions. PetcrzUtfg, April, A. D. 1780. ON THE RIGHTS OF THE NEUTRAL FLAG. The famous maritime code, originally framed and rsfablished by the free and flourishing commercial states bordering on the Mediterranean, styled il consolato del mare, subsisted in full force in Europe, or rather in the southern parts of Europe (for in the north its authority was never recognized) for the space of four hundred years, viz. from the end of the twelfth to that of the sixteenth cen- tury. From the last mentioned period it may be consi- dered as gradually sinking into disrepute. And certainly b2 A APPliNDlX. at the close of the eighteenth century, though the govern* merit of Great Britain effected in all it public declarations to speak of the ancient maritime law of Europe as of high and incontrovertible authority, it was rejected by al- most all the European powers, as an impolitic, unjust, and exploded system. A concise view of historical facts, will shew upon what tender and questionable ground Great Britain stood, when in vindication of her violent and outrageous attack on the powers of the Baltic, in the spring of 1801, she maintained in high and haughty- language, the unimpeachable sovereignty of this law, re- specting which some English jurists have indeed expressed themselves as if it were of divine, rather than of human authority. According to the .fundamental principles of this consti- tution, an enemy's property found on board a neutral ship is liable to confiscation, and the right of search was supposed and allowed to be the necessary consequence or concomitant of the right of seizure. It is remarkable, that queen Elizabeth was one of the first potentates who, in defiance of this law, reclaimed the rights of the neutral flag. In the year 1596, several English vessels, which had on board property belonging to some citizens of Antwerp, subjects of the king of Spain, were detained by the Dutch. But the queen insisted on resti- tutio!) being made, and also reparation made for the insult*, It was E igland also, who concluded the first treaty ia which the principle of the ancient code was formally and expressly departed from, viz. that with Portugal, in 1612. And since that period to the year 1780, according to an eminent writer on maritime jurisprudence, t'lirty-five commercial treaties have been concluded, on principles more or less favourable to neutral rights, while two only can be found during that interval framed upon the an- ,* B'uscH; p. 145. VOLUME VI r. 5 cient and unqualified maxims established by the con- sol ato DEL MAltE*. Iii \6b6, the admiralties of Amsterdam and Rotterdam made an order for their commanders " (o show all ho- nour of salutes to English men of war, and if they pre- tended to visit, to esc them civilly, and suffer them to speak with the vessels under their convoy, and to see their contents and papers: but if they ottered to visit they should oppose it." Towards the conclusion of the same year the admiralty of Amsterdam renewed their orders to their admiral, de Ruyter, to the "same etfect — "lie is to cause all papers belonging to the merchantmen under his convoy to be exhibited and examined, but if more is at- tempted by force, he is to resist it." The states general indeed, affected to resent the presumption of these orders; but this did not prevent de Ruyter from acting- upon them. Being met in the channel by some armed ships of Eng- land, then at war with Spain, Avhich insisted upon search, on de Ruyter 1 * declaring (which by the way was entirely false) that there was not any thing in the fleet that be- longed to the king of Spain, they desisted, and parted good friends. In the same year, a Dutch fleet of merchantmen under convoy, and bound for Spain, coming into Torbay, cap- tain Ploy, an English officer, sent his boats to search them. The Dutch commander at first absolutely refused. At length he consented to a slight search, but being farther pressed, he hoisted the red flag, tired a gun of defiance, and sailed away +. During the war between the English and Dutch re- publics, queen Christina of Sweden published a decla- ration respecting convoys, in which she orders the con- voying ships " if they meet a warlike fleet, to give them * Buscb, p. 145. f Croke's Remarks on Schlegel, p. 104-5, b3 $ APPENDIX! reasonable satisfaction, but as for the rest, they shall by all possible ways decline that they or any of the convoy shall be searched." About the commencement of the war of the revolution, Christian V. king of Denmark, published an ordonnance, A. D. 168S, prohibiting, in the most express terms, " any ships carrying the royal flag from suffering any foreign vessels to board, visit, or even to see the papers of any rnerchantinen under its protection ; and if any foreign vessel should attempt such visitation by force, it is ordered that such attempt should be opposed to the utmost of their power." This appears to have been ever since re- garded as a fundamental law of Denmark ; and for the offence of yielding to a visitation of this nature, captain Schionning, the commander of a Danish frigate, in the American war, was cashiered by a court martial. In the course of the war terminated by the treaty of Jlyswick, the famous Puflendorf being consulted upon this momentous question by his friend Groningius, A. D. 1692, answered thus : " If the kings of the north can main- tain their commerce with France, by baying their mer- chant vessels escorted by ships of war, provided that there is nothing contraband on board, nobody will be found to find fault with them : the law of humanity and of equity not extending so far as to require that a nation should deprive itself of its profit in favour of another." In the war of the succession, all the powers of Chris- tendom being either engaged as parties in the grand al- liance, or bostilely disposed towards France, there was little scope for any complaint of the violation of neutral rights. But In the ensuing general war of 1740, the king of Prussia, Frederic, justly styled the Great, caused a most able and energetic memorial to be presented to the court of London, " in which," says M.^Scblegel, M the VOLUME VII. • ? rights of neutral fiags "were for the first time completely discussed*." And not bein<{ accir 'onvd to rely upon the efficacy. of words alone, he adopted the violent and unjus- tin-able measure of sequestrating the interest due to the subjects of Great Britain on the Silesia loan, as an indem- nity for the mercantile damages sustained by Prussia. This memorial was answered in a manner equally able by the court of London : soon after which the sequestration was taken off; but the Prussian monarch was from this period regarded as the avowed protector of the rights of the neutral flag. In the seven years war which quickly followed, the dis- putes, or rather the quarrels, which took place between England and Holland on the subject of neutral rights', Avere public and notorious. Scarcely could the united efforts of the father and the daughter prevent an open declaration of war. In the year 1762, when the Dutch captain Dedel, had repulsed by force the visit which an English frigate attempted to make on the merchant vessels which he convoyed, the states-general approved his con- duct in every point, and maintained its legality in an ordonnance of the 20th September in the same year. The unbounded depredations of the English cruizcrs during the next, or American war, were such as at length induced the empress of Russia, prompted, as there is rea- son to believe, by " the suggestions of the crowned philo- sopher of Sans Souci," to propose her grand project of the armed neutrality, which was carried into effect by the celebrated convention of Petersburg, A.I). 1780 — all the great powers of Europe being either parties to that con- vention, or in a short time and in different modes, for the most part with eagerness, signifying their accession to the treaty, or expressing their perfect acquiescence in if. In the war which ensued between Russia and Sweden, •Schlegel on the Visitation of Neutral Vessels, &.c. p. 10. B 4 5 APPENDIX. the Swedish monarch Gustavus III., did indeed, with disgraceful inconsistency, suffer himself to be guided by a temporizing - policy, and issued orders to the Swedish cruizcrs wholly incompatible with those principles of "which he had so lately shewn himself the zealous defender. But the more magnanimous Catherine would not be de- terred from the observance of them, even by the exam- ple of her enemy. The J 3th article of her regulation for cruizers, given at Petersburg, December 31, 1787, ex- pressly states, " that when neutral merchant ships are convoyed by a ship of war of their nation, the Russian ihips of war ought not in any manner to address themselves to the merchant vessels, but only to the commander of the escort ; and that if he declares that there is not on board, any merchandize contraband in war, they ought to be content with this declaration, without requiring' visitation.*' In the same manner the states-general, on taking part in the American war, in their ordonnance of the 26th Ja- nuary, 1781, enjoihed, " that in the case of meeting neutral vessels sailing under convoy, if the commanding offi- cer declares that he is perfectly certain that the ships under convoy are not laden with articles contraband in war, credit shall be given to that declaration, and that in consequence no visit shall be required." France has uniformly professed from the aera of 1780, to adhere to the same principles; and her flagrant de- viations from them she has justified only on the ground of retaliation against England. The constituent assembly even proposed the abolition of letters of marque : but to this England would not accede. In the commencement of the ensuing war, the English ministry, to adopt the language of WO. Schlegel, " entertained the idea of starv- ing a great people, in order to make those who oppressed them renounce their ambitious projects." In revenge for the system of famine, and exasperated l?y those odious declarations which proscribed the French VOLUME VII. • nation from European society, the governing powers of France, with equal impolicy and injustice, forbid neu- trals all sort of commerce in objects of the growth or manufactures of England ; and if any such were found on board, both ship and cargo were condemned to con- fiscation. These proceedings on both sides were in the highest degree barbarous and disgraceful ; but in the midst of her difficulties and dangers, France never pre- Jten ed to deny the abstract validity of those principles upon which the convention of St. Petersburg was founded, though compelled, as she alleged, by the urgency of cir^ cumstances, and the unheard-of mode in which war,was waged against her by the government of Great Britain, to depart so widely from them in practice ; as on the other hand, Russia did not, during the quarrel with France, deify that she formally waved the neutral principle, de- "claring " that ail general principles should yield to the superior object of overthrowing regicide repuuli- CANISM." The great object of the quarrel between England and the>- Baltic powers, did not relate to the visitation on the high seas of merchant ships in general, but to the visita- tion of those which were placed under the protection of a convoy expressly appointed by the government of the country to which they respectively belonged. The right of visitation, in a general sense, is admitted by the theory of all writers, and the practice of all governments. Even Hubner, " the great champion of neutral privileges," as he has been styled *, allows this without hesitation. " Nous nc nions pas," says this able writer, " que les nations bel- ligerantes n'aient le droit de visiter convenablement les na vires ncutres en pleine mer, pour s'assurer de leur etat. Ce droit est une suite necessaire du veritable droit de la * Vide " Judgment pronounced in the high court of admiralty upon the Swedish convoy, by sir William Scott." 10 APPENDIX. guerre, que 1'on ue sauroit contester sux peuples qui la font. Pour ne pas confondre les amis avee les ennemis, il est cssentiel que les nations belligerantes sacbent surement si les navires que leurs vaisseaux de guerre ou armes en course rencontrerjt en pleine mer, appartiennent a ceux-ci, ou aceux-la*." But it is contended tbat all the treaties which speak of visitation at sea, suppose tbat it has for its object mer- chant vessels not convoyed : and (bat among the great number of commercial treaties which have been concluded in modern times, not one makes mention of this right relatively to vessels escorted by ships of war. " The power which should put its hand to such a stipulation," says an able and spirited writer on maritime law, " would consent to its own shame : in granting to its subjects an escort for the protection of their commerce, it would leave them a prey to all the avarice of privateers ; and to this baseness it would add that of making its own marine a silent witness of their insults. As the benefit of convoy is not granted, but to those who arc proved and recog- nized to be perfectly regular, it would acknowlege either its incompetence relatively to its own subjects, or what would be more d^graceful still, that it does not merit any confidence in its public conduct + ." The English jurists themselves have not ventured to contend, that this point of right is by the law of nations clearly and indisputably determinable in their favour ; but have recourse to logical deductions and inferences. " The belligerent," says a late writer ou the subject, u cannot be obliged without his own consent to abide by any particular mode of satisfaction. If the law of na- tions prescribes a search, it must mean an effectual search. Jf the cruizer was confined to any one mere formal exami- nation, the object of the search would be completely de- • Hubrser, vol. i. Part I. ch. viii. f Schlegcl, p. 71-? VOLUME VII. 11 (Seated whenever those formal proofs were falsified. The governors of a country may lend their aid to a fraud ; iind, //* this pretension is admitted, the petty republic* of luigusa, or St. Marino, might cover any collusion by the sand ion of their respective flags*. Sir William Scott, judge of the High court of admiralty* in pronouncing sentence of condemnation in the famous cause of the Swedish ship Maria, speaks of the question* upon which the court had to determine, not as an easy, clear, and indubitable one, but as a question, " whoss importance they very sensibly felt, and which he had therefore taken time to weigh fairly and maturely." And at the conclusion of his speech, he mentions it as a ques- tion perfectly novel. u It is high time," said this learned judge, " that the legal merit of such a pretension should be disposed of one way or other. It has been for some years past preparing in Europe. It is extremely tit that it should be brought to the test of a judicial decision." And he declares, *' that he had weighed with the most anxious care the several facts, and the learned arguments which had been applied to them." He even intimates some degree of diffidence in the rectitude of the judgment itself, though he felt " an entire confidence in that of the considerations under which it had been formed ;" which species of rectitude, has, however, nothing to do with the merits of the case. And M. Schlegel challenges him to allege " any treaty, any law, either of his own coiuif try, or foreign, which authorizes the visiting of vessels under convoy. It has not," says he, " been more possible for him to cite among the great number of writers who have treated on this part of the law of nations, a single authority that justifies it f ." And is it to obtain the recog- nition of so odious, so problematic a right, such as a British judge pronouncing sentence in favour of the claims * Croke's Remarks, &c. f Schlegel, p. 77. if APPENDIX. of his own nation, in opposition to those of the rest of Christendom, hesitates to declare perfectly clear and rea- sonable, that Great Britain can stand justified in the opi- nion of an impartial posterity, in sending fire and sword into the bosom of peaceful countries ; of countries which are disposed even to give every possible proof of friend- ship to Britain, but that of relinquishing what they have ever regarded, a;;d insisted upon for ages, as their most invaluable as well as indubitable right and privilege? In the well known pamphlet published by the pre- sent earl of Liverpool, near half a century ago, ** On the Conduct of the Government of Great Britain, in respect to Neutral Nations," lie sets out with the acknowledgment, gently expressed indeed, l< that the conduct of the Bri- tish government in this respect, had not been universal/*/ approved, and that some neutral nations thought they had a right to carry in their vessels unmolested, the pro- perty of our adversaries. But will that nobleman ven- ture to assert, that at the period of his publication, the conduct of the British government was approved by any state in Europe ; or that am/ neutral nation than existed, which did not. think itself entitled to convey merchandize, not contraband of war, to any belligerent power? The plain truth is, that Great Britain at t\\:it period no less than at the present time, advanced a claim universally denied, resisted, and condemned ; and force was in vari- ous instances repelled by force ; but it never entered into the imagination of Mr. Pitt, afterwards earl of Chatham, then minister, to send fleets to the north or to the south, to compel the renunciation of a claim which that great man well knew how practically to enforce without departing from the general system of moderation, and much less having recourse to measures of a complexion so horribly mischievous and murderous as those of his successor. Next to the violence of searching vessels under convoy, the extension of the definition of (( contraband of war'* VOLUME VII. n to naval stores, appears to havpgjven the highest offence to the nations of Europe. " That tar, pitch, and hemp, going to the enemy's use, are liable to be seized, as contraband in their own nature, cannot," says sir William Scott, j" I conceive be doubted, under the mooern law of nations, though formerly, "when the hostilities of Europe were less naval than they have since become, they were of a dis- puteable nature." I'ut by whose authority or consent was this important innovation in the law of nations made? Certainty the northern powers, of which these were the staple commodities, could never be parties concerned in an alteration so injurious to their interests, nor could ever mean to recognize the rectitude and validity of " the modern law of nations," or rather of that modern prac- tice of a single nation arrogating to itself the prerogative of all. In the curious and interesting account transmitted to us by a great man, the lord commissioner Whitlocke, of the commercial negotiation between England and Sweden, in the year 1656, in which he was chiefly concerned, we find the following passages: — " Feb. 17, Fiennes Strickland and J, proceeded in the treaty at the. ambassador's house. We had long debates, touching contraband goods, in which last was inserted by the council, hemp, pitch, tar, &c. The ambassador said, that if they would add cop- per and iron, it would take in all the commodities of his master's dominions." " April Stk. — The commissioners went to the Swedish ambassador's house, where the articles of the projected treaty were read, conformably to the resolves of the coun- cil. The ambassador observed, that the specification of contraband goods, did contain in it pitch and tar, hemp, flax, and sails. These were the great commodities of his master's countries, and they were never get in any treaty made zcitli Sweden, allowed as contraband goods ; — that in the treaty with the lord Whitlocke, at Upsal, it would 14 APPENDIX. by no means bo hearkened to, as lie very well knew.'' The lord commissioner Whitlocke confirmed this by saying, " that at Upsal, when mention was made by him or those commodities to be contraband goods, both the old chancellor Qxenstierne, and his son, the now chancel- lor, would by no means debate on that point, saying, it was not to be mentioned." Whitlocke, in the course of the conference, remarked, 4; that he had not found or heard of any law of nations which did define contraband goods : that the word contra- band came of the old French word ban, Which signifies an edict or proclamation, and contraband is as much as to say, contra edict Km xcl prodainalionon, which is agreed upon bj' the nations concerned." The lord Fiennes said, that in our late wars with the Dutch, they did by public proclamation forbid the bringing of these and other commodities to England, and did seize upon them if they found any bringing hither. The ambassador said, that it was true that the Dutch did make such a procla- mation, but that no nation did ever acknow ledge the same to be binding, and that the Swedes did at that time, in spite of their proclamation, bring those commodities into England *. and it would be hard now to restrain the peo- ple of Sweden from trading to Spain. In a succeeding conference, Strickland again mention- in"- the prohibition of Holland : it was again answered on the part 0^ the ambassador, " that such prohibition was never submitted to by any nation that could be strong enough to resist it/' " May 13. — We had a long debate with his excellency Upon the former points. The ambassador said it was known to the lord Whitlocke, that in Finland it was their child' commodity, which if they should not vend yearly, the country could not subsist, and the inhabitants would think themselves undone." At the previous conference held at Whitehall, between Fiennes, Whitlocke, and VOLUME VII. 13 Thurloe, u Whiilocke did advise as a thing ia his judg- ment most tit, not to send away the Swedish ambassador with a.ny just c:uise of discontent to hiiu and his master. Concerning pitch, and tar, and hemp, and Ilax, to be contraband goods during the war with Spain, the secretary held it reasonable ; but Whitlocke differed from him there- in. They were the »Teat commodities of the kingdom of Sweden, and although the Swedes were forbidden to carry them, other nations would certainly supply Spain there- with." Both Fiennes and Thurloe agreed in adopting a conciliatory policy ; but the former, we are informed, was more inclinable to the particulars of satisfaction recom- mended by Whitlocke *. On reading this narrative, it is impossible not to be struck with the candour, good sense, and moderation, of the English negotiators, and particularly of the lord Whitlocke, so strongly contrasted by the lofty and arro- gant pretensions of the statesmen and ministers of our own times. As to the alarming innovation made in the defi- nition of the term contraband, to which sir William Scott gives the plausible appellation of " the modern law of nations," it seems to have originated in the English courts of admiralty about half a century since, when the lords of appeal in this country, A. D. 1750, declared pitch and tar, the actual produce of Sweden, and seized on board a Swedish ship bound to a French port, to be contraband, and subject to confiscation, in what sir Wil- liam Scott justly styles w the memorable case of the Meds Good-Hielpe." So that when it suits the purpose of the English government, the ancient maritime law established for centuries in Europe, and upon all other occasions spoken of by the English publicists as sacred and inviola- ble, will, as it appears, admit of the most important modifications, without asking the consent or concurrence: * Whitloclce's Memorials, p. 610, Sue. 16 APPENDIX, of any other power ; although at a subsequent period, the united authority of all the nations of christeudom, Great Britain excepted, is held to be insufficient to abrogate, or even to alter this law. Such is the gross and glaring par* tiality with which this country has acted, and such the domineering- spirit which, elated by prosperity, it has but too often displayed. It is indeed true, that upon what the learned judge, sir William Scott, calls " a principle of indulgence to the native products, and ordinary com- merce of that country, viz. Sweden, those commodities have since been deemed subject only to the milder rights of pre-occupancy and pre-exemption." But can it be a matter of wonder, that what is by Britain styled " in- dulgence," should be regarded by the parties concerned as no indulgence at all ; but, on the contrary, that the claim should be resisted as a novel and usurped exercise of power ? Nor can they reasonably be expected without an effort, to renounce those rights which they have so long and uniformly insisted upon as essential to their interests, their welfare, and almost to their existence. MANIFESTO AGAINST HOLLAND, DECEMBER 20, 17S0. GEORGE It. Through thewhole course of our reign, our conduct towards the states-general of the United Provinces has been that of a sincere friend and faithful ally. Had they adhered to those wise principles which used to govern the republic, they must have shewn themselves equally solicit- ous to maintain the friendship which has so long sub- sisted between the two nations, and which is essential to the interests of both. From the prevalence of a faction devoted to France, aad following the dictates of that VOLUME VII. 17 court, a very different policy has prevailed. The return made to our friendship for some time past, has been an open contempt of the most solemn engagements, and a re- peated violation of public faith. On the commencement of the defensive war in which we found ourselves engaged by the aggression of France, we shewed a tender regard for the interests of the states- general, and a desire for securing to their subjects every advantage of trade, consistent with the great and just prin- ciple of our own defence. Our ambassador was instructed to olu-r a friendly negotiation, to obviate every thing that might, lead to a disagreeable rupture : to this offer, solemnly made by him to the States-general, the 2d of November. » 7 7S, no attention was paid. After the number of our enemies increased by the ag- gression of Spain, equally unprovoked with that of France, we found it necessary lo call upon the States-gene- ral for the performance of their engagements. The 5th article of the perpetual defensive alliance between our crown and the States -general, concluded at Westminster, 3d March, 1678, besides the general engagements for suc- cours, expressly stipulates, " that that party of the two allies that is not attacked, shall be obliged to break with the aggressor in two months after the party attacked shall require it." Yet two years have passed without a single assistance given to us, without a single syllable in answer to our repeated demands. 80 totally regardless have the states been of their treaty with us, that they readily promised our enemies to observe a neutrality, in direct contradiction to those engagements ; and whilst they have with-ho-U from us the succours they v.. "■ bound to furnish, every secret assistance has been given the enemy, and inland duties have been taken off for the sole purpose of facilitating the carriage of navai stores to France. In direct and open violation of treaty, they suffered au AlTEND. vol. vii. c 18 APPENDIX. American pirate 10 remain several weeks in one of their ports ; and even permitted a part of his crew to mount guard in a fort in the Texcl. In the East Indies, the subjects of the States-general, in concert with France, have endeavoured to raise up ene- mies against us. In the West Indies, particularly at St. Eustatius, every protection and assistance has been given to our rebellious subjects. Their privateers are openly received into the Dutch harbours, allowed to refit there, supplied with arms and ammunition, their crews recruited, their prizes brought in and sold, and all this in direct violation of as clear and solemn stipulations as can be made. This conduct, so inconsistent with all good faith, so re- pugnant to the sense of the wisest part of the Dutch na- tion, is chiefly to be ascribed to the prevalence of the leading magistrates of Amsterdam, whose secret corres- pondence with our rebellious subjects, was suspected long before it was made known by the fortunate discovery of <* treaty, the first article of which is — " There shall be a firm, inviolable, and universal peace and sincere friendship, between their high mightinesses the estates of the Seven United Provinces of Holland, and the United States of North America, and the subjects and people of the said parties : and between the countries, islands, cities, and towns, situate under the jurisdiction of the said United Slates of Holland, and the said United States of America ; and the people and inhabitants thereof of every degree, without exception of persons or places." This treaty was signed in September, 1778, by the ex- press order of the pensionary of Amsterdam, and the other principal magistrates of that city. They now not only avow the whole transaction, but glory in ii ; and expressly say even to t lie States-general, that what they did, was what their indispensable duty required. In the mean time, the States-general declined to give VOLUME VII. 19 any answer to the memorial presented by our ambassador ; and this refusal was aggravated by their proceeding upon other business, nay, upon the consideration of this very sub- ject to internal purposes ; and while they found it impossi- ble to approve the conduct, of their subjects, they still indus* striously avoided to give us the satisfaction so manifestly due. We had every right to expect that such a discovery would have roused them to a just indignation at the insult offered to us and to themselves, and that they would have been eager to give us full and ample satisfaction for the offence, and to inflict the severest punishment upon the offenders. The urgency of the business made an instant answer essential to the honour and safety of this coun- try. The demand was accordingly pressed by our am- bassador, in repeated conferences Avith the ministers, and in a second memorial. It was pressed with all the earnestness which could proceed from our ancient friendship, and the sense of recent injuries ; and the an- swer now given to a memorial on such a subject, deli- vered about five weeks ago, is, " that the states have taken it ad referendum.'''' Such an answer, upon such an occasion, could only be dictated by the fixed purpose of hostility, meditated, and already resolved by the states, induced by the offensive councils of Amsterdam, thus to countenance the hostile aggression which the magistrates of that city have made in the name of the republic. There is an end of the faith of all treaties with them, if Amsterdam may usurp the sovereign power, may violate those treaties with impunity, by pledging the slates to engagements directly contrary, and leaguing the republic with the rebels of a sovereign to whom she is bound by the closest ties. An infraction of the law of nations by the meanest member of any country, gives the injured state a right to demand satisfaction and punish- ment ; how much more so, when the injury complained of c L ? 20 APPENDIX. is a flagrant violation of public faith, committed by lead- ing and predominant members in the state ? Since, then, the satisfaction 1 we have demanded is not given, we must, though most reluctautl\ , do ourselves that justice which w.- cannot otherwise obtain. Wemust consider the States- general as parties in the injury which they will not repair, as sharers in the aggression which they refuse to punish, and must act accordingly. W'e have therefore ordered our ambassador to withdraw from the Hague, and shall immediately pursue such vigorous measures as the occa- sion fully justifies, and our dignity, and the essential in- terests of our people require. From a regard to the Dutch nation at large, we wish it were possible to direct those measures wholly against Amsterdam ; but this cannot be, unless the States-general will immediately declare that Amsterdam shall upon this occasion receive no assistance from them, but be left to abide the consequences of its aggression. Whilst Amsterdam is sutfered to prevail in the general councils, and is backed by the strength of the states, it is impossible to resist the aggression of so considerable a part without contending with the whole. But we are too sen- sible of the common interests of both countries, not to remember in the midst of such a contest, that the only point to be aimed at by us is to raise a disposition in the councils of the republic to return to our ancient union, by giving us that satisfaction for the past, and security for the future, which we shall be as ready to receive as they can be to oiler, and to the attainment of which we shall direct all our operations. We mean only to provide for our own security, by defeating thedangerous designs that have been formed against us. We shall ever be disposed to return to friendship with the States-general, when they sincerely revert to that system which the wisdom of their ancestors formed, and which has now been subverted by a power- VOLUME Vll. 2i ful faction, conspiring with France against the true interests of the republic, no less than against those of Great Britain. St. James's, Dee. 20, 1780. PROTEST RELATIVE TO THE WAR AGAINST HOLLAND. A. D. i;si. Die JOvis. 2j° Janiiar.il, 17S1. It was moved that the motion for an address be post- poned, in order that, the house may take into considera- tion another motion '" for an address to his majesty, that he would be graciously pleased to give orders that there be forthwith laid before ibis house, copies of all the trea- ties lately subsisting between Great Britain and the states of the Seven United Provinces, and also of the corres- pondence between his majesty's minivers and his late ambassador at the Hague, and of all memorials, requi- sitions, manifestoes, answers, and other papers which have passed between the tw© courts, as far as tjiey relate in any respect to the present rupture, or to any misunder- standing or complaints which haw existed between the two mil ions, since the commencement of hostilities between Great Britain ami the provinces of North America." Which being objected to, after long debate the ques- tion was put, whether to agree to the said motion ? It was resolved in tlie negative; Contents, . . . 19—19 Non Contents, . . olS \ rroxies, . . . . lo ^ On which the lords in the minority entered on the jour- nals the following protest : Dissentient, I. Because we cannot consent to involve this and other c3 23 APPENDIX. nations in all the horrors of war, but upon the clearest proofs both of justice and necessity : and it -would be pe- culiarly inconsistent with our public trust, without such evidence, to give a parliamentary sanction to a war against the ancient and natural allies of this nation. It is on the justice of our cause, and- on the absolute necessity of proceeding to such extremities, that we must be answerable to God and our consciences for a measure which necessarily plunges millions of innocent people in the utmost distress and misery. It is on this foundation alone, that we can with confidence pray for success, or hope for the protection of Providence. Wo conceive that a careful, and above all, an impartial examination of the correspondence between his majesty's ministers and his late ambassador at the Hague, and of all the memorials, complaints, requisitions, manifestoes, answers, and other papers, which have passed between the two courts, as far as they relate in any respect to the yfcesent rupture, is indispensable, to warrant parliament in pronouncing, whether the hostilities which his majesty has authorized his subjects to commence against those of the Seven United Provinces, are, or are not founded in justice, and consequently, before they can with propriety offer to his majesty any advice, or promise him any assistance in the present conjuncture. The sudden attack which the ministers have advised bis majesty to begin against the property of our neigh- bour.-, sailing in full confidence of pence, and of their alliance with this nation, made without allowing the usual times! ipulated by treaties even between enemies, for securing the property of unsuspecting individuals in case of a sudden rupture, is a proceeding which, till ex- plained, must appear unwarranted by the law of nations, and contrary to good faith; nor can we, upon the bare recommendation of ministers, approve of such a conduct, or determine upon the nice construction of treaties, and VOLUME VII. 23 reciprocal obligations, without so much assenting what our late allies and friends have oh their side to allege* But the influence of his majesty's ministers in parlia- ment lias been such, as to obtain not only the rejection of a motion which has been made for this necessary infor- mation, but also to induce this great council of the nation, on a matter deeply affecting their most .important interests, to give a solemn opinion, without any knowledge of the facts on which they have pronounced wilh so blindfold a compliance with the will of the court. II. Because, however sufficient tite reason of justice ought to be, that of expediency may perhaps be more prevalent, and is not wanting on this occasion. It has been the uniform and approved policy of our ablest statesmen for near a century, to form alliances, and to unite with the powers on the continent to resist the am- bitious attempts of the house of Bourbon. The protestant republic of Holland, from the. freedom of its constitution and sentiment, as well as from its religion, has ever been deemed a valuable support of the liberties of Europe. Twice have they been on the very verge of falling a sacri- fice to France in this cause ; and we can never believe that their old affection to Great Britain can have been alien- ated, much less, that a direct rupture with (hem can have become necessary on our part, without gross mismanage- ment ill our councils. We cannot but form the most se* rioizs apprehensions, at seeing the three great protestant and free countries of Great ilrilain, North America, and Holland, so weakening each other by war, as (o become an easy prey to the ancle it enemy of them all, whenever she shall pleaseto (urn her arms against them. "We are not insensible of the distressful situation, wit li respect to the armed neutral powyrs, into which wo have been led step by step, by the unfortunate American war ; but as we are convinced that weak and wicked councils c 1 24 APPENDIX. have been the sole cause of that unhappy contest , so ne are persuaded that honest and able ministers might have pre- vented this amongst, some of its wretched consequences. But whilst the same measures which have caused our unexampled calamities continue to be pursued and che- rished ; whilst a system of corruption prevails which must exclude both ability and integrity from our councils ; whilst every interest of the state is sacrificed to its support, and every attempt at reformation rejected, our condition can change but from bad to worse. It is not for us to pretend to foretel events which are in the hands of Providence; but if causes are suffered to preduce their natural consequences, we cannot but appre- hend, from the present conduct of our affairs, every danger to this country, both foreign and domestic, to which a nation can be exposed. Richmond, Rockingham, Portland, Devonshire, Fitzwilliam, Pembroke, Harcourf, Coventry. Ferrers, ANSWER OF THE STATES-GENERAL TO THE BRITISH MANIFESTO, MARCH 10, 1781, EXTRACT. The answer of the States-general to the manifesto of Great Britain is too long and tedious to be inserted entire. The extracts which follow, are interesting and important, and contain the essence of the whole — what is omitted consisting chiefly of varied and diffusive details. VOLUME VII. 25 The manifesto commences with a strong complaint on the part of their high mightinesses, of an attack from a power, bound by ties founded on the basis of common inter- est, unsupported by the least appearance of right or equity. They profess that they had throughout adhered most strictly to the system of neutrality — and had eyen, at the instance of his Britannic majesty, made no difficulty to take such steps as had greatly circumscribed their own navigation — sending the most exact orders to the go- vernors of their colonics, carefully to abstain from doing, in regard to the American flag, any thing from which can be justly inferred an acknowledgment of the inde- pendency of America. They then advert to the memorial presented against the governor of St. Eustatia, which they declare to have been couched in terms little conso- nant with the regard which sovereign powers owe to each other. The consequence of the deliberation which took place upon it, nevertheless, was the immediate recal of the said governor, whom their high mightinesses called to an account for his conduct, and who was not permitted to return to his residence till he had cleared himself of all the charges brought against him before a court of justice, a copy of whose proceedings was transmitted to the mi- nister of his Britannic majesty. They then go on to complain of the gross violations on the part of the court of London, of the treaties subsist- ing between the two countries. The ports of England, say they, were rilled with Dutch vessels unjustly seized and detained, though not laden with any other merchan- dize than what the express tenor of the treaties had declared tree and legal. They beheld those free cargoes obliged to submit to an arbitrary and despotic authority — the cabinet at St. James's knowing no other rule than an as- sumed right of temporary convenience. It was in vain that their high mightinesses urged in the strongest manner possible, the treaty subsisting between 26 APPENDIX. England and the republic. By this treaty the rights and liberties of the neutral flag are decisively and clearly stated. The subjects of Great Britain had fully enjoyed the advantages of this treaty, in the first, and only case wherein it pleased the court of London to remain neuter, whilst the republic was engaged in a war*. Certainly then, in a reciprocal case, that court could not, without the greatest injustice, refuse the enjoyment of the same advantages to the republic. And as little right, as his Britannic majesty had to withhold the advantageous ef- fects of this treaty from their high mightinesses, he had as little foundation for attempting to make them quit the neutrality they had embraced, and to force them to plunge into a war, the cause of which related immediately to the rights and possessions of his Britannic majesty, lying beyond the limits of defensive treaties. With respect to the offer which was made by his Britan- nic majesty, for opening an amicable conference, it will be sufficient to observe, that the sole object could only be this — to take into consideration the naval treaty spoken of above; that the construction of this treaty, conceived as it is in terms the most clear and express, could not be a subject of any doubt or equivocation; that it gives the neutral powers a free right of conveying to the belligerent powers, all kinds of naval stores ; that the republic nei- ther proposing any thing else to themselves, nor desiring any thing more of his Britannic majesty, than the quiet ■undisturbed enjoyment of rights stipulated in this treaty, a point so manifest and iacontrqvertibJy equitable, could not perceive any reason or motive for a negotiation, or any other new convention. — As lor the succours required — * The manifesto alludes to the war in which Holland, in common with Austria and Spain, was engaged against France, from the spring of 1674, when the treaty of commerce and navigation with England was concluded^ to the autum of 1678, when hostilities were terminated by the peace signed at Nimeguen. VOLUME VII. 27 the republic, it is true, had bound itself by treaties to aid a«d assist the kingdom of Great Britain, whenever that power should be attacked or threatened with an unjust war ; the republic was moreover to declare war in sucli a case against the aggressor; but their, high mightinesses never intended to give up that right which is the nature of a defensive alliance, and which cannot be disputed to the allied powers to examine first, ;md before they grant the requited assistance, or take part in the war ; the princi- ples of the dissentions which have prevailed ; the nature of the differences from which they sprang ; as also to in- vestigate and maturely weigh the reasons and motives which may enforce the casus fctdcris, and which are to form the basis of the equity, and lawfulness of the war on the part of that confederate state, claiming the afore- said assistance. There is not a treaty extant^ by which their higli mightinesses have foregone the independence of the states, or sacrificed their interests to those of Great Britain, so far as to deprive themselves of the right of so necessary and indispensable an examination, b}' taking such steps as might insinuate that they should be looked upon as compelled to submit to the pleasure of Great Britain, by granting the required assistance, even when the above court, being at variance with anoiher power, thinks proper to prefer a war to an amicable accommoda- tion, on well supported complaints. The displeasure of his Britannic majesty , in regard fo what has been done for Paul Jones, is equally groundless. Their high mightinesses had for many years before given general and positive orders for the admission into their poi ts, of all privateers and armed ships with their prizes ; orders which have been observed and executed without the least excep- tion. In this casetheir high mightinesses could not desist from such orders, in regard to an armed ship, which, provided with a commission from the American congress, -was in the Texel ; together with the frigates of a sovereign 28 APPENDIX. power, without assuming the part of judges, and giving a decision in a matter which their high mightinesses were not obliged to take any cognizance of, and in which it seemed to them contrary to the interest of the republic to interfere. As for what concerns the project of an eventual treaty of commerce with North America, framed by a member of the government of the province of Holland, without the sanction of any public authority, and the memorials pre- sented on this subject by the chevalier Yorke, the matter happened as follows: — As soon as this ambassador had presented a memorial, dated November 10, 1780, their high mightinesses, without noticing the expressions, rather unbecoming between sovereigns, wilh which this memorial abounded, did not delay entering into the most serious deliberation on that matter ; and by their resolu- tion of the 27th of the same month, they did not hesitate to disclaim and disapprove publicly whatever had beeu done in this affair. After this they had every reason to expect that his Britannic majesty would hive acceded to this declaration, since he could not be ignorant that their high mightinesses have no jurisdiction over the respective provinces, and that it was to the states of Holland to whom, as being in- vested, as the states of the other provinces, with a sovereign and exclusive authority over their subjects, was to be submitted an affair which their high mighti- nesses had no reason to doubt, but the other states of the paid provinces would regulate according to the exigency of the case, and conformably to the laws of the state, and the principles of equity. The eagerness with which the chevalier Yorke, by his second memorial, insisted on the punishment, could not of course but appear very strange to their high mightinesses — u that if he did not receive, the very same day, an answer to his memorial, in every respect satisfactory, he should find himself obliged to ac- VOLUME VII. 2c, quaint his court thereof, by an extraordinary courier." Their high mightinesses, informed of this declaration, soon perceived its importance, as a manifestation of the measures already determined upon in the king's council ; and although, according to the established custom, such verbal declarations from foreign ministers admit of no deliberation, they nevertheless thought proper to set it aside on this occasion, and to desire their recorder to wait upon the chevalier, and inform him that his memorial had been taken ad rcfcre/iduni, by the deputies of the respective provinces, according to the received custom and constitution of government ; adding at the same time, what seemed designedly omitted in the manifesto, that they would endeavour to frame an answer to his memorial as soon as possible, and the constitution of government would permit. In consequence thereof, a few days after, the deputies of the province of Holland gave notice to the assembly of their high mightinesses, that the states of their province had una voce resolved to require the advice of their court of justice, in regard to the requisition of punishment, requesting the said court to give their opi- nion as soon as possible, foregoing all other affairs. Their high mightinesses did not fail to acquaint the chevalier Yorke with the above resolve ; but what was their sur- prise and astonishment, when they understood that the said ambassador, after having read Iris instructions, had sent a note to the recorder, wherein lie called the above-said resolve illusive, and flatly refused to transmit it to his court! This obliged their high mightinesses to send it to count Welderen, their minister at London, with orders to lay it immediately before the minister of his JJiitannie majesty ; but the refusal of the hitter created an obstacle to the execution of those orders. All the circumstances of this affair being thus exposed, the impartial public will be enabled i,o appreciate the principal motive, orrat&Cr pretmec, to which his Bfritaiii* 30 APPENDIX. nic majesty has had recourse, in order to give a jcope to his designs against the republic. To this we may reduce the whole matter. His majesty was informed of a nego- tiation which would have taken place between a member of the government of one of the provinces and a repre- sentative of the American congress; which negotiation, intended to lay the plan of a treaty of commerce to be concluded between the republic and the said colonies casu quo, that is to say, that in case the independency of those colonies should be acknowledged by the crown of England, this negotiation, although conditional, and holding by a clause which depended on the anterior act of his majesty ; this negotiation, which without the said act, or anterior declaration, could not have had the least ettcet, was so misconstrued by his majesty, and excited his displeasure to such a degree, that he thought proper to require from the states, a public disavowal and disapprobation, as well as a complete punishment and satisfaction. It was in consequence, and without the least delay, that their high mightinesses acceded to the first part of this requisition; but the punishment insisted upon was not within their power, and they could not assent to it without striking at the root of the fundamental constitution of the state. The states of the province of Holland were the only ones to which it pertained lawfully to take cognizance of it, and to provide thereto by the ordinary means, and the au- thority of the laws. This sovereign state adhering to the maxims which oblige them to respect the authority of the laws, and fully convinced that the maintaining that department in all the integrity and impartiality which are inseparable from if, is the firmest basis of the supreme power; that the sovereign state, obliged by what is held; most sacred to defend and protect the rights and privileges of its subjects, could not forget itself so far, as to submit to the Avill of his Britannic majesty, by attempting to overturn these rights and privileges, and exceeding the VOLUME VII. 31 limits prescribed by the fundamental laws of its govern- ment: these laws required the intervention of the judicial department, and those were the means which the above states resolved to use, by requiring on this object the ad- vice of the court of justice established in their pro- vince. n. FAGEL. From an attentive perusal and comparison of the two preceding manifestoes, it is incontrovertibly evident, that no war was ever declared upon slighter and less tenable grounds than this of Great Britain against Holland. Had the States-general themselves concluded a provisional treaty with America, to take place when the independency of the United States was acknowledged by England, and not till then ; it is hard to say what or w here would have been the harm of it. But when this was done by unauthorized individuals merely, and explicitly disavowed by the general government of Holland ; when those individuals were moreover under actual prosecution, agreeably to the laws and usages of the country for their offence — to com- mence hostilities against the whole community for such an offence, must be acknowledged the height, of violence, pride, and injustice. If while Corsica was in open revolt from, and had successfully resisted the tyranny of the Genoese, certain merchants of London had agreed with the municipalities of Bastia or Corte, upon the conditions of a commercial treaty, to be submitted to the respective governments of both countries when the indepeni Corsica should be established ; would this have justified a declaration of war on the part of Genoa against Great Britain ? Would it even have justified a demand of punishment ? And if such demand were made, to what species of punishment would these British merchants have been liable ? Or does it make any difference in the moral 32 APPENDIX. or political conclusions to be deduced, that Britain is strong and Genoa weak ? Such a negotiation may per- haps be 'regarded in the light of an affront to the sovereign offended ; but is a personal affront an adequate ground of war? The czar Peter the- Great was insulted in the per- son of his ambassador, when count Matucof was publicly arrested in the streets of London ; and he properly de- manded reparation. It was found, however, upon an appeal to the judicial power, that no legal reparation could in conformity to the spirit of the English constitution be offered : and that great monarch being convinced of this, expressed his astonishment at the existence of a govern- ment so limited and restrained, but refused not to accept of such apology as the nature of the case admitted. What, in a word, was the amount of the injury sustained by Eng- land from the negotiation of M. Van-Berkel? Nothing. But the dignity of the king, as the manifesto declares, had been insulted ! To this phantom must so many myriads of lives be sacrificed ? The war then rests at last upon the same basis with that, declared by France against Holland In 1672, when the glory of Louis X IV. was the sole cause publicly alleged for that unprincipled and profligate infraction of the peac eof Europe, and of all that is held most sacred in the established order of civi- lized society. EXTRACTS FROM HOSSEIN KHAN's HISTORY OF BENGAL. A. D. i/84. It has often been the subject of boast on the part of those who applaud the justice and rectitude of Mr. Hastings's administration in India, that no complaints of oppression have been transmitted from thence to England. But it is obvious to ask, what class oi natives, however VOLUME VII. 33 exalted in rank or dignity, after the terrible catastrophe of the rajah Nundcomar, could in reason be expected to ven- ture the consequences of standing forward as the public accusers of Mr. Hastings ? To whom were they to apply for redress ? Who would undertake to plead their cause ? In what court would it be advisable for them to institute their suit ? Have we not invaded the territories of an un- offending people, and broken down the barriers which nature herself seems to have erected as limits to our ambi- tion, and as lessons to our avarice ? We cannot indeed hear the execrations which we may have provoked, for oceans divide us from them. We cannot hear the cries of the nations that have been subjected to the dominion of our rapacity and oppression. The natives of India do not represent their wrongs by ambassadors. But we may read them in the very nature of man, and in those feelings which teach him to revolt at tyranny and usurpation in every climate and quarter of the globe. Great stress has also been laid on the flattering circum- stance, that the evidence of the English who have returned in succession from India, has been almost uniformly favourable to Mr. Hastings. But then it is necessary to recollect, that the English resident in India, live there without sympathy with the natives. " They have," to adopt the energetic language of a celebrated writer, * il no more social habits with the people, than if they still re- sided in England, nor indeed any species of intercourse, but that which is necessary to the making a sudden fortune with a view to a remote settlement. Animated with all the avarice of age, and all the impetuosity of youth, they roll in one after another, wave after wave, and there is nothing before the eyes of the natives, but an endless, hopeless prospect of new flights of birds of prey and pas- * Burke's speech on the India bill of 1783. APTEND. VOL. VII. D 34 APPENDIX. sage, with appetites continually renewing for a food that is continually wasting," " To no other purposes," as Mr. Hastings himself, from the uniform experience of more than twenty years, assures the directors, in his dispatch of October, 1784, u than those of vengeance and corruption, will agents armed with authority exercise their powers. " — But by whom were these agents armed with this authority, and who suffered them to exercise their powers in such a manner, and to direct them to such purposes ? Had they not acted during the far greater part of this period, under the immediate controul of Mr. Hastings himself; and did the governor-general himself ever in any instance shew the least disposition, in the first instance, to prevent this abominable abuse of their delegated authority, or in the second, to make the agents in question responsible for such gross and flagrant mis- conduct ? On the contrary, all the oppression of India for a long series of years, may be traced to Mr. Hastings primarily, and principally as their grand source and head; and the " general result" of his government in that coun- try was, not merely vengeace and corruption, but slaugh- ter and devastation ; and if Mr. Hastings claim for merits and services such as these a garland of laurel, it must be gathered from the enchanted forest of Armida, every leaf dropping blood. The history r of Scid Gholam Ilossein Khan, a person of great distinction in the court of Moorshedabad, which principally relates to the transactions which took place in Bengal nnd the adjoining provinces subsequent to the death of Ali Verdi Khan, a few copies only of which very curious and authentic work have been circulated in this country, contains many striking proofs of the intelli- gence and humanity of the author, who, considering the nature of his situation, speaks in terms of boldness and in- dignation, little to be expected of the direful effects re- sulting from the English system of government £ and the VOLUME VII. 35 opinions of those who regard the administration of affairs in India for the last forty years, as founded in the most profligate political depravity, will receive a signal confir- mation from the narrative of this good and virtuous mus» iulman. Of the character and government of the nabob Cossim Ali Khan, this historian expresses himself in the following manner : " Although the perpetual infidelities of the troops, as well as of the commanders and grandees of Bengal, had rendered him exceedingly suspicious, and ever prone to confiscations of property, confinement of persons, and effusion of blood, he had admirable qualities that balanced his bad ones. In unravelling the intricacies of affairs of government, and especially the knotty mysteries of finance ; in examining and determining private differ- ences; in establishing regular payments for his troops and household ; in honouring and rewarding men of merit, and men of learning; in conducting his expenditure exactly between the extremes of parsimony and prodigality, and in knowing intuitively where he must spend freely, and where with moderation ; in all these qualifications he was an incomparable man indeed, and the most extraordinary prince of the age ; nor was any man daring enough in his court to touch a bribe, or to speak in behalf of an unjust pretension." " At this period, nothing was more common than to see English agents of all colours and denominations — and they swarmed in every part of Bengal — take up the farm of a town, mart, village or district, hoist up the English flag on it of their own private authority, pay to the nawaub such a rent as they chose to part with, keep the rest to themselves, and act meanwhile as the most relent- 30 APPENDIX. less rapacious tyrants, setting at defiance the nawaub'i authority every where and in every instance." " It was noon-day when the nawaub Cossim Ali Khan received intelligence of the English having seized the city of Azem-abad. In the middle of the night another letter came, that mentioned how the governor had recovered the city, with a great slaughter of the English. As soon as it was day-break, every one made haste to offer their congratulations. At the end of the public audience, the nawaub wrote circular letters. throughout his dominions, by which he informed his officers of this event, and gave them notice of the rupture between him and the English, as well as of the proofs they had furnished of their hatred and enmity to him ; commanding them at the same time to put those perfides [to the sword wherever they should find them. It is uncertain whether he may have comprised in his order M. Amyatt himself, with all those of his retinue ; or whether those that killed that ill-fated man, availed themselves of the general order which had reached tht city of Moorshedabad." e< Governor Vansittart would not permit Meer Jaffier to carry out of Calcutta Nundecomar, a man of an in- triguing spirit, who bore the highest sway upon his mind. On his being returned to Moorshedabad, he worked hira- self into so much authority, that he undertook to demolish no less a man than Mahomed Reza Khan. In com- pliance with his will, the nawaub dismissed that nobleman from his office, and moreover had him brought prisoner to Moorshedabad. Luckily for him that Meer Jaffier fell sick at this very time, and became worse and worse. At last, on the 14th of Shaaban, in the year 1178 of the Hejira, he departed this life, and passed over the stream which divides the confines of this fragile world from the VOLUME VII. 37 regions of eternity. Some moments before his demise lie had, as affirmed on Nundecomar's persuasion, ordered to be brought to him some water that had been poured in libation over the idol at Kyruf-Conah, a famous temple of the Gentoos, in the neighbourhood of Moorshedabad, and that some drops of it were poured down the dying man's throat; this being the last water which he tasted. Preserve us, O God ! as well as all believers, from such a sickness, and such a death. Lord Olive dismissed Nun- decomar from his oilice, with an injunction not to leave Calcutta." 6i After these arrangements, lord Clive journeyed to Illahabad, where he had the honour to pay his respects to the emperor, after which he visited the vizier, and having exchanged with him some sumptuous entertain- ments, and several curious and magnificent presents, he explained the project he had in his mind, and asked that the company should be invested with the dewannee of the three provinces of Bengal, Bahar, and Orissa, of which office he requested the proper patents from the vizier and the emperor. As both the emperor and the vtzier were already, in their minds, subdued by the superior courage and prowess of the English, as well as overawed by the strength of mind and penetration of lend Clive, they were obliged to grant the request, although reluct- antly. Having therefore ordered the sunnuds to be drawn up hi the manner that had been desired, they delivered them into the hands of lord Clive. Thus a business of such magnitude was done and finished in less time than would have been taken up for the sale of a head of cattle. The lord having accomplished his purpose, returned to the seat of his command/' d3 38 APPENDIX. But if lord Clive was, in the judgment of the good Hos- sein Khan, chargeable with acts of despotism and injus- tice, the state of the country, according to his repre- sentation, became infinitely worse under the government of his successors, and of Mr. Hastings, " the saviour of India," more particularly. " Matters," says this historian, ii have come to such a pass, that the books and memoirs composed by the Eng- lish upon interested reports, have come to be trusted as so many vouchers ; whereas they convey only some faint idea of the exterior and bark, but not of the pith or real reason of the ancient institutions. Meanwhile, as these strangers are men of penetration, and extreme keenness of mind, and they have been sent by God Almighty to chas- tise this guilty race of Hindostanees, so they are come at last to make no account of the natives, from the highest to the lowest." (i The governor (*. e. Hastings) in the month of the first Rabi of the year 1 186, came to Moorshedabad, where he spent two months and a half in putting in order the affairs of the country. He reduced the nawaubs' allowance to sixteen lacks, so that those ill-fated men, and especially the Moorshedabad pensioners, who in these hard times, not ^having a single resource under the canopy of the Hindos- tanee heaven, are reduced to such miseries as God relieve mankind from. " Men's minds were engrossed by the dissentions in the council, and by the fate of governor II ushtin (i. e. Hast- ings). This man has been endowed by nature with a keen pe- netrating genius, and a superior intelligence, and his wis- dom in matters of state and politics has not been equalled by any one. Mahomed Reza Khan, who has a great VOLUME VII. 39 deal of hastiness as well as inconstancy in his dispo- sition, no sooner observed the prevalence of general Cla- vering's party, than he conceived a desire of joining him, and opened a correspondence with the general and his adherents. Such a step could not but displease the go- vernor, who however said nothing *. " Meanwhile the general recommended him to the offices of deputy of the nizarnut, and also to the general fodjdary, or criminal justiciary. Mahomed Reza Khan set out on the 15th Ramazan, 1189, and arrived the 2dShev- val at Moorshedabad, where he applied himself closely to the business of his office ; and the inhabitants of that great city, accustomed to him long ago, shewed themselves submissive to his authority. He on his side, pleased with a return of good fortune, took care to display broad open the standard of authority and command." " From the death of general Clavering there accrued to the governor an accession of power. Mahomed Reza Khan was dismissed from his two offices of principal ma- gistrate, and deputy to the nawaub. Sadi-El-Hoc-Khan was appointed to succeed him, although the governor himself must have been sensible that so much business was by all means above the old man's capacity and strength. Nevertheless, as he had proved himself an as- siduous worshipper at the altar of his power, and as great men are apt to prefer a personal attachment to a public qualification, the governor devised these two offices * This is probably the true key to Mr. Hastings's conduct respecting Ma- homed Reza Khan, whose eagerness to join the party of general Clavering, may easily be acounted for on motives much more honourable to that dis- tinguished mussulman than the inaonstancy of his disposition, and at least as likely to be true. D4: 40 APPENDIX. for him, as a reward for his attachment, although they seemed to be so much above his rlesert." " As hatred to the Afghan name was hereditary in the vizier's family, he undertook to put an end to the Rohilla dominion. Full of these ideas, he applied to governor Hushtin for his consent to that expedition, and promised a sum of money to the English for their assisting him vi- gorously. The government had no orders from the com- pany to send troops out of the English dominions for the purpose of making conquests ; but Suja Dowla pre- pared himself for a war with a promise of being sup- ported. Tie Rohilla princes, young, ignorant and proud, preferred war to a payment. The time appointed by the Omnipotent Avenger was come. Sujah Dowla, informed of their obstinacy, put himself at the head of his victo- rious troops, and marched into their country. " The engagement commenced by the artillery of the English. The Rohillas were soon thrown into a complete disorder, and fled in crowds towards the fields, but in reality to the regions of eternity. TIafiz Rhamet, without being-dismayed by the slaughter which surounded him, stood his ground with a firmness and intrepidity that did him honour. He Avas followed every where by a number of faithful men, all resolving to shed their blood in his company : and he was seen wherever the danger called for his presence, until at last a ball of cannon came, pierced his heroic breast through and through, and parted his soul from his body. " Sujah Dowla, after this signal victory, being become master of the country, spread his victorious troops far and near, with orders to put to the sword all that should appear in arms or did not submit." VOLUME VII. 41 " Although, according to the scriptural sentence, the mo- ment of death is not to be advanced or retarded by a single instant, and a delay is undoubtedly beyond the reach of human power ; nevertheless, as the Divine Goodness, in- stead of bringing forth the events of this world by abrupt transitions, hath vouchsafed to make them grow one out of another by a concatenation of second causes, some of which remain concealed, while others become open to view ; these last are often attended to and observed by men of sense, who discover in the planning of them tokens of an attentive wisdom." " It is in consequence of such and the like divisions (alluding to the factions in the court of Poonah) that most of the strong-holds, nay almost the whole of Hin- dostan, have come into the possession of the English. He, (t. e. Mr. Hastings), knew that this prince, Ragonaut Row, being himself a man of importance, and the son of a man of importance in that nation, there was no doubt but some great men would join him of themselves, and that some others would easily be brought to do the same, whether by persuasion or force ; and as the English, led by a destiny which designed to make use of that nation for punishing a wicked thoughtless race of men, unmind- ful of their God, had so successfully fought battles, made such amazing conquests, and with a deal of ease pushed their victories as far as almost within sight of Shah-jchan- habad, the capital of Hindostan, so the governor thought the war in the Decan would prove full as easy ; and that after beating and dispersing the Mahratta armies, it would prove an easy task to reduce Haider Naic (i. e. Hyder Ali) to straits, after which operation he might, without any anxiety from the French, or other European powers, 42 ArFENDlX. and without much hindrance from the princes of India, bring in a certain number of years, and with proper ma- nagement, all Hindostan into submission, and then sit down in ease and content to enjoy his prosperity. " It was reported that this scheme of the governor's riot having met with Mr. T rands' and Mr. Wheeler's ap- probation, two members of the committee (/. e. the coun- cil), they contended that they ought to remain satisfied with so much dominion as they had already acquired, without stretching their feet out of their frontiers ; and it may be that such likewise were the orders from the council of Europe, and such the safest party ; but the governor disapproving of such timid opinions, took upon himself singly all the risques of this business, and set out in earnest with this war. M Now that the whole council is reduced to the go- vernor's own person, and to that of Mr. Wheeler, he is become sole master of binding and unbinding, of appoint- ing and dismissing in every department, without either controul or dispute. Time only can shew in what manner shall eud these dissentions, as well as these troubles which are just commencing ; and time alone shall determine what completion his schemes are likely to have. Then shall we know something of what is to become of the poor injured people of this land, who now have no other friend and no other comforter than God Almighty." " The princes of Hindostan lived amongst their people, and amongst their nobles, as kind and condescending pa- rents amongst their children; nor did they suffer the dust of sorrow to darken the hearts of any of the people of God, by a shew of tenderness to one part of the people, and of rudeness to the other : for they looked upon them all with an equal eye, so that for several ages together, down to the times of Shah Jehan, every thing in Hindostan was quiet- ness, love, and harmony. It is oniy smce the times of VOLUME VII. 43 Aoreng-Sib-Aalem-Ghir, his son, a prince extremely war- like and ambitious, that evils have crept upon the land. Matters grew worse in the reign of Ferok-Syur. " Amidst the strange events which these revolutions have brought about, the introduction of European fo- reigners in the heart of the land is an important one. The wise men of Europe have been casting their eyes upon the conquest of India, and have contrived to achieve great part of that conquest, having already acquired an absolute dominion in several tracts. But such is the complete dif- ference, and the total dissimilarity betwixt the manners of their own country and the customs and usages of Hindostan, that all the endeavours of their chief rulers, and all the resorts they have put in motion, have answered no purpose at all ; nor has the face of regulation in the country, and of ease to the inhabitants, made its appear- ance yet. But over and above these considerations, it may be said with great truth, that such is the aversion which the English openly shew for the company of the natives, and. such the disdain which they betray for them, that no love and no coalition can take root between the conquerors and the conquered. " Perhaps it is the peculiar fate of the people of this land, that after having been subjected by Providence to the yoke of these strangers, they are still destined to find them such inattentive rulers, as do not think it worth their while to mind the welfare of those prostrated at their feet ; and such supreme masters as to make nothing of leaving them at the disposal of their own servants and substitutes : although nothing should be so important to the sovereign as the care of the subject, and he ought never to loose sight of the Indian adage, *' Do not refer his complaint to your Divan, Since his complaint is probably against that very Divan." The English are a race of men who are keen-sighted, 44 APPENDIX. and full of policy and secresy ; but none so much as the governor himself, whose breast is a casket full of inacces- sible secrets, and a repository of impenetrable views and projects. Who is the man that can make him speak against his mind ?" The conclusion of this history, excellent as it is through- out, does the writer peculiar credit ; and it affords a strik- ing proof how indelibly the same immutable sentiments of justice and rectitude are engraven on the hearts of the truly virtuous and benevolent, under every variety and modification of religion, country, and climate. No di- versity of names or of sects, can obliterate the grand and eternal distinction between the friends and the foes of hu- manity. " When ordinances," says this oriental historian and philosopher, " affect only the impotent, without having any energy over the headstrong and refractory, they cease to be laws, and they dishonour all government. After all it must be remembered, that as princes and kings are reputed the shadows of God, they ought in humble imitation of his divine attributes, to accommodate themselves to the dispositions and minds of their subjects, so as to carry an equal hand over thum without exception, without predi- lection, and without shewing a dislike or hatred to any species of men. Such impartiality is incumbent upon princes, if they intend to be the fathers and cherishers of the people entrusted to their care ; and if they really wish that "very man should look up to the monarch as to his benevolent forgiving father. This is a duty incumbent upon them, if they wish that every one should think him- self happy under their government; for the subject must be cherished in the very palm of the monarch's hand, if the monarch really intends io discharge his duty, and to VOLUME VII. 45 let the world see that he feels all the meaning of these verses of Saadis : That beneficent Being, which from its invisible treasury Feeds with an equal hand the believer, The unbeliever, the weak, and the strong, Might, if it had so pleased him, have created men of one opinion, Or have converted them at one word To one and the same religion, " If then conversion is intended, lenity and benevo- lence, especially to the poor and impotent, will go a great way in reconciling the hearts of mankind. Let then kings and monarchs look day and night into the book containing the actions and sayings of the prince of pro- phets and chief of messengers. Let them admire with what sweetness and forbearance that noble Being used the unbelievers of his time, his personal enemies ; and how he opened the recesses of those stubborn understandings with the key of his goodness and liberality. He gained their hearts at last so far as to convert them into so many friends. Never take your own self for the standard to which virtue can rise in a virtuous heart." END OF VOL. VII. Printed by R. McMillan, Dow Street, Covent Garden. VOLUME THE EIGHTH. Printed by B. M'Millan, > How-Street, Covent-CJarden. $ APPENDIX: CONTAINING STATE PAPERS AND AUTHORITIES, TO THE EIGHTH VOLUME, LETTER FROM THE EMPRESS OF ALL THE RUSSIAS TO HIS PRUSSIAN MAJESTY; A. D. 1784. "jV/TY advantageous sentiments respecting the house of Prussia — sentiments of which I have given efficaci- ous proofs — permit me to hope for the same on their part. I expect it the more, as I have ever been convinced of their reciprocal affection. The war which is preparing between the emperor of the Romans and the Hollanders, excites the immediate attention of the cabinet of Berlin, of which the Dutch endeavour by all sorts of intrigues to secure the accession. Your wisdom acknowledges that the pretensions of the emperor are equally just and moderate. Nature herself hath granted to the Austrian low countries, the use and advantage of the river in dispute : Austria alone, by virtue of the law of nature and of nations, is entitled to an exclusive right to the use of the river in question. So that the equity and disinterestedness of Joseph II. only Can impart this right to other people, it belonging exclu- sively to his states. T'he sentiments of Austria merit esteem and attention; but the avidity of the Dutch, and APPEND. VOL. VIII. B 2 APPENDIX. the judgment which they permit themselves to assume on account of the treaty of Minister, over the house of Au- stria, are notorious and blameable in every respect. No- thing- can be urged with foundation in favour of Holland, therefore she merits not the assistance of any foreign power. The consequences which these republicans are drawing upon themselves by their obstinacy, must be submitted to the moderation of the emperor alone. 1 am firmly resolved to assist his pretensions with all my land and sea forces, with as much efficacy, as if the welfare of my own em- pire was in agitation. 1 hope that this declaration of my sentiments will meet with the success which our reciprocal friendship deserves, and which hath never been inter- rupted*, CATHERINE. DECLARATION OF THE KING OF PRUSSIA TO THE COURT OF LONDON, RESPECTING BAVARIA. A. D. 1/85. The king believed lie had every reason to expect that the court of Vienna had given up all thoughts of an ex- change of Bavarja, or an acquisition thereof in any other manner, after such an acquisition had been proved to the said court to be inadmissible in the conferences held at * Strongly aa the empress of Russia was no doubt at this period, inclined to cultivate a good correspondence with the emperor of Germany, of which the preceding declaration is a striking proof, she was f2r from discovering any degree of zeal in promoting his views upon Bavaria, an object of incom- parably greater consequence than the free navigation of the Scheld. She did indeed write to the duke of Deux-ponts, to propose to him in the name of the emperor, and to recommend to him in her own name, the invidious ex- rhangc of that territory for the Austrian Netherlands ; but upon the peremp- tory refusal of that prince to acquiesce in the project, and on receiving a strong remonstrance from the court of Berlin against it, she protested that she had no intention to enforce the execution of thede»ign ; and that she had dropped all farther concern in the business — Vic & Cathnini II. vol. iii.p. 165- Volume virf. 3 Braunau, in the month of September, 1778 ; after the said conrt had renounced all its pretensions on Bavaria, by the peace of Teschen, and had become itself, together 'With the other contracting and mediating* powers of that peace, guarantee of the covenants of the house Palatine, ■whereby that "house is not allowed any alienation, or as it is expressed, " any exchange of its possessions." His ma- jesty, however, having been apprized in the, month of Ja- nuary of the present year, by the duke of Deux-ponts, that the court of Vienna had, notwithstanding these im- portant considerations, proposed to that prince an ex- change of the whole of Bavaria, together with the upper county Palatine, and the duchies of Neuburg and Sulz- bach, for a part of the Austrian Netherlands ; his majesty was anxious to communicate his uneasiness on that ac- count to the empress of Russia, as guarantee of the peace of Teschen. The answer which her Imperial majesty gave to the king, through her minister, prince Dolgoroucki, " that after the refusal of the duke of Deux-poiits, there was no more thought about such an exchange," might have been a sufficient assurance to the king, if his majesty could have been equally secure with respect to the inten- tions of the court of Vienna. But that court has too evidently shewn by the steps taken in ihe course of the present year, as well as by the system it has at all times pursued, that, it cannot bring itself to an entire renuncia- tion of the project of making sooner or later an acquisition of Bavaria. The said court, after having in its finst circular declara- tion, disseminated the existence of this project, assures indeed in the latter, an intimation of the declaration of the court of Russia, that it never entertained, nor ever should entertain, the least thought of a violent or forced exchange of Bavaria. But this distinction between forced and voluntary, shews evidently that the court of Vienna still entertains an idea of the possibility of a barter of Ba* b3 4 APPENDIX. varia. This conjecture, already strong enough iii itself, is too well confirmed by the assertion of the court of Vienna, " that by virtue of the peace of Baden, the house Palatine has full liberty to exchange its possessions." It is true, the eighteenth article of the peace of Baden says, " that in case the house of Bavaria finds it conveni- ent to make some exchange of its possessions in return for others, his most Christian majesty promises noi to oppose the same." It follows clearly, however, from this very article, that the contracting parties did not mean thereby to allow to the house of Bavaria any thing farther than a partial exchange of some district or piece of country suitable to its interest : but it certainly was not, nor could it be understood at that time, to allow a total exchange of a large electorate and fief of the empire (which being under the disposition of the golden bull, was not at all liable to an alteration of this nature), which would have too nearly affected and overturned the essential constitution of the electoral college, and even the integrity of the whole confederate system of the empire. Admitting even, that by the peace of Baden, the house of Bavaria was allowed to make a partial exchange suitable to its interest, of some part of its possessions, this power has sincp been abrogated by the eighth article of the peace of Tcschen, and by the separate act concluded at the same time be* tween the elector Palatine and the duke of Deux-ponts ; because the covenants of the house Palatine, of the years 176b, 1771, and 1774, are therein renewed, whereby all the possessions of the house of Bavaria Palatine, are charged with a perpetual and inalienable fideicomis. The ancient pragmatic sanction of that house, concluded at Pavia in the year 1329, is likewise referred to therein, whereby that whole illustrious house has bound itself never to exchange, nor otherwise alienate, the least part of its possessions. Now as the peace of Teschen, together with all its separate acts, is under the guarantee of the king and VOLUME VIII. 5 the elector of Saxony, as principal contacting parties of that peace; likewise under the guarantee of the two me- diating powers, the courts of Russia and France, and the whole empire ; it follows therefore, that no exchange of Bavaria whatever can any more take place, without the consent and concurrence of the powers just mentioned:; and especially not without the intervention of the king and all his co-estates of the empire, whose essential interest it js, that this great and important duchy of Bavaria should remain with the house Palatine : because it must be strik- ing to every body, that independent of the geographical and political disproportion between the Austrian Nether-? lands and the whole of Bavaria, the transferring of so large and fine a country to the house of Austria, and thereby rounding, as it were, the Austrian monarchy, which already preponderates too much, would take away all balance of power in Germany: and the security as well as the liberty of all the states of the empire, would only de- pend upon the discretion of the house of Austria. It seems that this great and powerful house ought to be con- tented with its vast monarchy, and not to think any more of an acquisition so alarming not only to Germany, but likewise to all Europe. It should likewise remember, that in the barrier treaty of 1715, it lias promised to the maritime powers, never to alienate any part of the Netherlands to any prince, but of its own house; a stipulation which caunot be set aside without the consent of the contracting parties. The king cannot therefore but be persuaded by all that has been advanced, that the court of Vienna w ill not very soon, or perhaps never, give up the project of making sooner or later an acquisition of Bavaria by some means or other; and that according to the principles manifested still in its latter circular declaration, it reserves to itself yet the pos- sibility and power thereof. His majesty thought he could not in this case do less for his own security, as well as far o APPENDIX. that of the "whole empire, than to propose to his co-esfates to enter into an association, conformable to all the funda- mental constitutions of the empire, viz. the peace of "Westphalia, and the capitulations of the emperors ; and founded upon the example of all centuries, tending- only to preserve the present and legal constitution of the empire, to maintain every member thereof in the free and tranquil en* joyment of his rights, states, and possessions, and to oppose every arbitrary and illegal enterprise, contrary to the sys- tem of the empire. His majesty having met with the same sentiments in the most serene electors of Saxony, and of Brunswick Lunenburg, has just now concluded and signed a treaty of union with them ; which treaty is not offensive against any person, nor any way derogatory to the dignity, rights, and prerogatives of his majesty the emperor of the Romans, and which has absolutely nothing for its object, but to maintain the constitutional system of the empire, and the objects just mentioned : and which therefore cannot give the least uneasiness to the court of Vienna, if that court has the same views and intention for the preservation of the said system, as there is reason to expect, and as is indeed expected, from the greatness of soul and loyalty of the head of the empire. It cannot be doubted, that the king as an elector and prince of the em- pire, and as one of the contracting parties, and guarantee of the peace of Westphalia and Teschen, has an incon- testible right to conclude with his co-estates of the empire such a constitutional and inoffensive treaty. The king having engaged in a war to prevent the ex- change of all farther dismemberment of Bavaria, which war was put an end to by the peace of Teschen, his majesy has hereby acquired a right, and a particular and perma- nent interest, to oppose any exchange of Bavaria, present and future; and in doing this by such measures as are conformable to the laws of nations, and to those of the German empire, his majesty oidy fulfils his obligations VOLUME Vlir. 7 and rights, without provoking the dissatisfaction or re- proa ch of the court of Vienna, and without giving any just cause to attribute to jiira any offensive views or steps tst that court. The kins: could not therefore bat he in so;ne measure affected and surprise , when informed that the court of Vienna exclaimed against this union, in its declarations publicly addressed to all the courts of Europe and of the empire, endeavouring even to give to the said treaty an odious colour. His majesty believes not to have given the least cause for such a proceeding ; but rather to have merited more justice for his open, patriotic, and disinterested conduct, as well before as after the peace of Teschen, in what regards Bava- ria and the house Palatine. His majesty will not imitate the manner adopted in the said declaration. He will take special care not to recriminate. He Avill satisfy himself with appealing to the testimony of the electors and princes of the empire, who will attest, thai with ut any suggestion or accusation whatever, he has confined himself to evince to them the inadmissibility and danger of any exchange of Bavaria, and to propose to them to enter into such a con- stitutional treaty as may be laid before the whole world. To remove every doubt about the purity of the inten- tions of the king, and the justice of the steps he lias taken, his majesty thinks it his duty to make the conclusion of this treaty, and the motives which occasioned it, known to the principal powers of Europe, who are any ways conr cerned about the welfare of the German empire, and the preservation of its system. The king has done this by the present declaration, which he would not fail to communi- cate likewise to his Britannic majesty, as a mark of his confidence and attention, and of his desire to secure him- self the suffrage of his Britannic maj; sty, though lie, as elector of Brunswick Lunenburg, has himself already concurred in the conclusion of the treaty, and has thereby given indubitable proof how much his sentiments coincide k i 8 APPENDIX, with those of* the king, about the necessity of the saici treaty, and the objects which gave occasion to it. The king is particularly happy to have added these new ties to the friendship and intimacy which has al- ready for so long a time subsisted between the two royal houses, and to entertain with his Britannic majesty the game sentiments for the welfare of the German empire, as their common country, and for the support of a system, which has an essential influence upon the happiness of the rest of Europe. Berlin, Jug. 23, 1785, ANSWER DELIVERED BY THE MARQUIS OF CAR- MARTHEN TO COUNT LUSI, IN CONSEQUENCE OF THE PRECEDING COMMUNICATION, The king has received with pleasure the communi- cation which count Lusi lias made by order of his Prus? sian majesty to lord Carmarthen, of the sentiments of his said majesty, respecting the treaty signed at Berlin the 23d July, in the concluding of which the king himself, in his electoral capacity, was pleased to concur. The lively interest which his Prussian majesty never ceases to take for the maintenance of the Germanic constir tut ion, and the preservation of the rights of every member of the empire, cannot but deserve the greatest praise from those powers who are true friends to the prosperity and well-being of (hat respectable confederation. And at the same time that the court of London is eager to render this justice to the patriotic views of his Prussian majesty, it patters itself that the measures of precaution which the three electoral courts have thought proper to take, may never become necessary by any attack either direct or nidi? iect upon the acknowledged rights of the Germanic body ; VOLUME VIIL 9 but that for the future the most solid harmony may be re- established, and the most sincere confidence for ever sub- sist, between the august chief and the illustrious members of jthe empire. St. James's, Sept. 9th, 17S5. The above declaration or memorial of the king of Prus<» sia is very masterly, and exhibits a frankness and candour rarely to be found in documents of stafe. The argu- ments of the monarch, as applied to the balance of power in Germany, are indeed irrefragable ; but what interest could England have to prevent the house of Austria from acquiring that political ascendancy in the empire which the accession of Bavaria would so much facilitate ? A just policy may undoubtedly be carried to extravagant lengths, or may be prosecuted by absurd methods : but as the power of France alone can be formidable to England, it is evidently right and proper to embrace all fair and feasi- ble means of effecting a diminution of it ; or, when that cannot be done, of maintaining and supporting the rival- ship of the house of Austria, as the only power of the continent which can sustain a permanent competition with France. It follows, that Great Britain, in fostering the growth and greatness of Prussia, and raising up a dan- gerous enemy to the Imperial family in the bosom of the empire, has been chargeable with a fundamental error in politics. And in the present instance, had the court of London, in conjunction with that of Petersburg, counte- nanced the views of the court of Vienna, in almost the only rational plan formed by the emperor Joseph II., Ba- varia might probably have been for ever annexed to the Austrian monarchy. The low countries in the hands of the elector Palatine would have been, in case of future war, a neutral possession, not affording any plausible pretext of 10 APPENDIX. attack from France ; and England would consequently have one powerful motive less to interfere in the compli- cated quarrels of the continent. MEMORIAL RELATIVE TO THE ALLIANCE CON- CLUDED BETWEEN FRANCE AND HOLAND, NOVEMBER 8, 1785. Such was the complete alienation from Britain which t\\e conduct of the court of London produced in Holland, that on the conclusion of the war, little diificulty was found by the court of Versailles in adjusting the parti- culars of an alliance of amity and mutual defence w th their high mightinesses the States-general, by which they agreed not only to furnish each other with powerful suc- cours in case of attack, but, to use the words of the treaty, " by virtue of the contracted alliance, both parties shall as much as possible further their mutual prosperity and advantage, by rendering each other every assistance upon all occasions, and not to agree to any treaties or nego- tiations which may be detrimental to each other, but shall give notice of any such negotiations, &c. as soon as they are proposed." Entirely to forfeit the friendship and confidence of the Dutch republic, and to see that friendship and confidence transferred to the ancient and formidable enemy of Britain, were subjects of chagrin reserved for the unfortunate reign of George III. ; and they appear to have been keenly felt by the ministers now at the helm of affairs. In the anxious apprehension of such an event, sir James Harris, who had succeeded sir Joseph Yorke as ambassador at the Hague, delivered into the hands of the hebdomadary president of She States-general j the following memorial, though the VOLUME VIII. U intelligence of the ambassador was so deficient, thnt he was not aware (lie treaty in question had been actually signed several days before. HIGH AND MIGHTY LORDS, The king cannot but express the most sincere wish that the means pursued by your high mightinesses to con- ciliate the differences with the emperor, may secure a peace upon a lasting and permanent basis between the two powers. His majesty takes with pleasure this opportunity, amidst the public tranquillity, to renew to your high mighti- nesses the strongest assurances of those sentiments of friendship and good-will towards the republic, whichever animated his majesty, as well as the British nation. Such sentiments are equally founded on the remembrance of the essential assistance which the two countries have formerly mutually afforded to each other, in order to secure their liberty, independence, and religious worship, as on the natural and permanent interest which ought at all times to incline both nations to the most perfect friendship. In fact, whether we attend to the evils which from the local situation of the two countries must unavoidably, and in a very peculiar manner, affect them during a war, to the great prejudice of their dearest concerns both in political and commercial matters in the different parts, of the Avorld, or whether due attention be paid to the soli- dity which a good understanding between the two powers might give to their respective settlements, to trade, and to the preservation of a general peace, it will clearly ap- pear that prudence and sound policy must invite to a closer union. Yet if your high mightinesses are of opinion, that on account of the civil dissentions which for some time have 1% APPENDIX. unfortunately prevailed within the republic to his ma* jesty's great concern, the present time is ill-suited to the settling of the mutual interests of both nations, an object ever present to his majesty, it is hoped at least that your high mightinesses, after such assurances from the king, and all his majesty's friendly dispositions towards the re- public, will think it suitable to your wonted wisdom, not to be drawn in to accept of any engagements which might at any time betray you into a system contrary to that rectitude which hath ever guided his majesty; or, by making you swerve from the solid basis of an in* dependent neutrality, raise insuperable obstacles to the renewal of an alliance between the two powers, when time and circumstances may present it to your high mighti* riesses as a matter of necessity and mutual conveniency. It is by the express command of his majesty, that the underwritten has the honour of suggesting to your high mightinesses these reflections, so salutary in their object, trusting that you will pay to them that attention which the importance of the matter requires. Signed, JA3IES PIARRTP. It is extremely to be regretted, that the political senti-* fients contained in this memorial — sentiments proper at all times to be cherished by a British ministry — should be brought forward in circumstances so unfortunate, that the avowal of them could only excite the derision of Holland, and the triumph of France. The language also of the memo- rial, was by no means such as might seem best calculated to conciliate an offended friend, converted into an inveterate foe by the recollection of recent and unatoned injuries. For the ambassador of Great Britain to declare publicly to the Putch government and nation, that the British monarch had in every point adhered to that perfect system of rcc* VOLUME VI ti. 15 titude from which the States-general, whom he previously and awkwardly compliments upon their wisdom, were in extreme danger of being betrayed by the artifices of ano- ther power to szecrve, would naturally tend to revive those feelings of resentment and detestation which time onljr could extinguish. The whole exhibits a striking picture of that species of repentance which laments the unavoidable consequences of those errors, which there exists not, if perceived, the least disposition -to acknowledge. CONVENTION OF THE UNITED STATES OF NORTH AMERICA. A. D. l?8f. Op the celebrated convention of the North American states, convoked at the city of New York, A. D. 1787, for the purpose of forming, and which did in fact form and establish the existing federal constitution of America ? the debates were secret. No copies were permitted to be taken of their resolutions, no publication appeared of their journals. The only memorials of the proceedings of this assembly, previous to their ultimate decisions, are con- tained in the notes privately preserved by some of the members. To one of these we are indebted for the tran- script of the speech delivered by the venerable Franklin, en the grand question of the adoption of the proposed constitution by the convention — a speech of singular value, as it shews in a striking point of view, how much sense and wisdom may be comprised in a narrow compass. A single house of legislature, and an executive government extremely limited in its power, with frequent popular elec- tions of the persons exercising public functions, formed, in the opinion of Dr. Franklin, the most perfect model of a 14 APPENDIX, constitution. The unrivalled happiness and prosperity of the state of Connecticut, governed altogether upon this model, gave great countenance to this opinion. The illus- trious philosopher, politician, and patriot, who was the advocate of it, did not perhaps sufficiently advert to the peculiar circumstances which in that province, as well as in the other democratic states of the American union, re- strained the turbulent and dangerous spirit of democracy within just and reasonable limits — circumstances which by no means applied with equal force to the federal or general power. But that great man had too much prac- tical wisdom to lay any undue stress on his own abstract speculations. sin l 5 I am very ready to acknowledge, that I do not at this moment entirely approve of the constitution now offered to us ; but I am not the less ready to own, that I do not feel msyelf sure of continuing 1 in my present sentiments. In the long career I have already run, I have more than once been compelled by subsequent reflection, to abandon opinions I had openly maintained, and which I thought well-founded, from the deep consideration I had given them. As I grow older I am more and more disposed to question my own judgment, and to pay respect to that of others. There are some men, as well as some reli- gious sects, who imagine that reason is entirely on their side, and that their opponents plunge deeper into error, in proportion as they depart from their opinions. Struck with these examples, which are but too common, I accept of this constitution with all its faults : for I am persuaded that a general government is necessary for our safety, and that no form of government that is well administered, is incapable of producing the happines of the people. And J think there is reason to believe that this constitution will be. well administered for a number of years, and that it VOLUME VIIT. 15 •will not end as too many other governments have clone, in despotism, unless the American people shall reach that degree of corruption in which, at once incapable of being directed by a free constitution, and unworthy of its bless- ings, despotism becomes necessary to their existence. I therefore give my vote for this constitution, both because in the present circumstances of this nation 1 cannot hope to see one more perfect, and because I am not sure this is not as perfect as any it can have. I make a sacrifice of the opinions I have expressed of its defects, to the pub- lic happiness. I have never uttered my objections out of this house. Here they had their birth, and here 1 wish them for ever to be buried. If every one of us who have opposed the constitution, when we return to our constituents, were to unfold the motives of our opposition, and endeavour to gain partisans to our side, perhaps we might prevent the unanimous adoption of the constitution. But by this we should only lose the advantage which the appearance of unanimity will give us with foreign nations, and indeed with our own people. The general good opinion of a na- tion respecting its government, is as necessary as the wis* dom and integrity of its administration to the happiness of its people. I trust therefore, both for our own safety as members of the community, and for the sake of our posterity, that we shall be of one mind in recommending this constitution wherever our influence reaches, and that afterwards our whole thoughts will be bent to its happy administration. I cannot forbear to form the wish, that such of us as still entertain objections to this constitution, will follow my ex* ample, and doubt a little of their infallibility, and sign this constitutional act, that no question may be left of our una- nimity. 13 APPENDIX. Declaration on the part of great Britain- relative TO THE AFFAIRS OF HOLLAND, OCTOBER 27, 1787. The events wtticn have taken place in the republic of the United Provinces, appearing no longer to leave any subject of discussion, and still lcre of contest, between the two courts, ine undersigned are authorized to ask, whether it is the intention of his most Christian majesty to carry into effect the notification made on the 16th September last, by his most Christian majesty's minister plenipotentiary, which, by announcing that succours would be given in Holland, has occasioned the naval armaments on the part of his majesty, which armaments have become reci- procal. If the court of Versailles is disposed to explain itself upon this subject, and upon the conduct to be adopted towards the republic, in a manner conformable* io the de- sire which has been expressed on both sides to preserve the good understanding between the two courts ; and it be- ing also understood at the same time, that there is no view of hostility towards any quarter in consequence of what has passed ; his majesty, always anxious to concur in the friendly sentiments of his most Christian majesty, would agree with him that the armaments, and in general all warlike preparations, should be discontinued on each side, and that the navies of the two nations should be again placed upon the footing of the peace establishment, as it stood on the first of January of the present year. Versailles, the 27th October, 1787 * DORSET. W. EDEN, VOLUME VIII. V7 COUNTER DECLARATION ON THE PART OF FRANCE. The intention of his majesty not being, and never having been, to interfere by force in the affairs of the re- publicof the United Provinces, the communication made to the court of London, on the 16th of the last month, by monsieur Barthclemy, having had no other object than to announce to that court an intention, the motives of which no longer exist, especially since the king of Prussia has imparted his resolution, his majesty makes no difficulty to declare, that he will not give any effect to the declaration above-mentioned, and that he retains no hostile view to- wards any quarter relative to what has passed in Holland. His majesty, therefore, being desirous to concur with the sentiments of his Britannic majesty, for the preservation of the good harmony between the two courts, agrees with pleasure with his Britannic majesty, that the armaments, and in general all warlike preparations, shall be disconti- nued on each side, and that the navies of the two nations shall be again placed upon the footing of the peace esta- blishment, as it stood on the first of January of the pre* sent year. Versailles, the 27th October, 1787. THE COUNT DE MONTMORIN, An explanation of a similar nature at the same time took place between the courts of Versailles and Berlin ; and the kings of Great Britain and Prussia had thus the satisfaction of accomplishing their views in Holland, in favour of the house of Orange, with extraordinary and unexpected facility. A few historic remarks on the origin and progress of the civil distentions which at this period seemed almost to menace the existence of the Dutch re- public, may not be wholly unacceptable or superfluous. APPEND. VOL. VIII. C 3 1 APPENDIX. At the conclusion of the war with England (A. D. 17SD), it is certain thai (he party opposed to the Stallhol- der was beyond comparison the most powerful in all the provinces, excepting Utreteht and Gueiderland. Had this party exercised their newly acquired superiority with temper and moderation, they might probably long have retained their influence in the state, and the political con- nexion actually formed with France, would have given Mich an addition of weigh! to their authority, that it would have been e*ti^*nejy difficult for the house of Orange to have emerged from its state of degradation. But the leaders of this faction soon shew r ed that they were actuated by very d ep views of ambition ; that they aimed not merely to counteract the policy, but effect the subversion of that" ancient and illustrious house, and to extinguish for ever the name and office of Stadt holder. There were undoubtedly very many persons in the seven provinces, and those for the most of a description highly respectable, who greatly disapproving the weak and par- tial, not to say treacherous, conduct of the prince of Orange, were yet extremely averse to the abolition of the Stadtholderate, the power and influence attached to which, seemed necessary to the strength and stability of the state. The name of Nassau was still popular amongst the lower classes of the^peopie; and the sailors in particular, toge- ther with a great majority of the naval officers, were sup- posed to be strongly in trie prince's interest. The two great powers of England and Prussia, had clearly inti- mated that they would not remain the indifferent spectators of his ruin, and it was upon the whole sufficiently evident to every considerate person, that the views of the Anti- Stadtholdcrian faction, could not be accomplished, but by exciting some great political convulsion in the state. This, however, did not deter them from proceeding step by step to the attainment of their purpose. In Sep- tember 1783, the states of Holland, which took the lead VOLUME YIIL 19 in this dangerous opposition, went so far as to deprive the prince of the command of the garrison at the Hague, in consequence of which affront he left that place, and retired to his palace at Loo. The king of Prussia, Frederic III. was at this period deeply engaged in opposing the favourite project of the emperor Joseph 11. for the exchange of Ba- varia. Nevertheless, in the course of that month, he addressed a letter to the States-general, expressing in very decided language, his dislike and disapprobation of the late proceedings, and requesting the interposition of their high mightinesses in favour of the house of Orange; " and that you will address," as the letter goes on to say, " with acal both the lords states of Holland and West Friezland, and the states of the other provinces, where necessary, in order that the lord hereditary Stadtholder may peaceably enjoy the rights belonging to him hereditarily : that those taken from him may be restored, and that a perfect har- mony may be re-established." The party in opposition to the Stadtholder, or the patriots, as they were generally styled, elated by the French alliance, knowing the king of Prussia, exclusive of the inaction which usually accompanies old age, to be much more nearly interested in the affairs of Bavaria than those of Holland, and depending on the supposed pacific dispo- sition of the new minister of England, Mr. Pitt, paid very little attention to the remonstrances and representations of the courts of Berlin and London, and continued without intermission their attacks upon the constitutional authority and functions of the prince. At the commencement of the new year (1786), it was determined that the arms of the house of Orange should be taken out of the colours of the troops in the service of the province of Holland : and the Swiss guard attendant on the person of the prince was soon after ordered to be disbanded. On the 17th August, 1786, in the midst of the disfrac- c2 20 APPENDIX. tioHS which shook the republic to its foundations, died Frederic the Great, king of Prussia, an event extremely un- propitious to (lie popular party, as there was good reason to believe tan' his nephew and successor, Frederic Wil- liam, would support the | ives and pretensions of Stadt holder, by means much more efficacious than bare memorials and remonstrances. These, however, were first to be tried, and so early as the 18th September fol- lowing, the count de Goertz, envoy extraordinary from his Prussian majesty, delivered to the States-general a letter from the Ling his master, expressing the desire he felt («> perpetuate the friendship and harmony which had subsisted for centuries between the two powers. "And also^' to use the precise words of the letter, " to demon- strate the warm part we take in the unhappy dissentions which have so long divided some of the provinces; " and requesting " that the affairs of the prince Stadtholdcr may be re-established as soon as possible, upon their former footing, conformable to the constitution." Far from com- plying with this regal request, the auti-Stadthoklcrian in- fluence prevailed so far, that in four days only after the presentation of the letter, the states of Holland came io an almost unanimous resolution, suspending the prince from the exercise of his functions as captain-general of that province. Conscious of the advantage he now pos- : , and the strength he derived from the potent co- operation of the court of Berlin, the Stadtholdcr on the 26th September, addressed to the states of Holland, an answer to their notification of his suspension, couched in bold and energetic terms ; questioning the right of revo- cation altogether, and expressly denying by a singular pretension, that the light, if admitted, could not in the present case be exercised, unless the resolution had passed Ike the former, by which the office had been conferred, nemine contradicente, and finally ascribing the measures recently taken, to the misrepresentations of persons, whose VOLUME VIII. 21 dole afiol if was to bring about a total alteration ih-the law- ful and established constitution or thexepublic. As it was still presumed by the court of Berlin, that France would not tamely sutler any coercive interference in favour of the Stadtholder, an attempt which appears Very sincere, was set on foot by the Prussian monarch, to settle all differences in the cqurse of the ensuing winter, by a joint mediation with France ; M. Gerard de Rayneval being commissioned by the court of Versailles for this purpose, to repair to Nimeguen, where the prince of Orange had now established his residence. The ne- gotiation nevertheless failed of success ; the prince, en- couraged doubtless by Prussia, and probably by England, insisting upon the entire restitution of his privileges and prerogatives, which would after all have left the efficient power of the state in the hands of the patriots ; and on the other hand, the anfi-Stadtholderians in the provincial assembly of Holland, refusing to restore him to his office of captain-general, but on conditions which would have reduced him to a mere cypher. The count de Goertz, and M. de Rayneval, departed to their respective courts in the month of January 17S7, from which time it was apparent, that, unless prevented by foreign interposition, the republic would quickly be in- volved in the horrors of a civil war ; and hostilities in (lie province of Utrecht had actually commenced, with some advantage on the part of the prince, whose partisans in- creased in consequence of the violence of his adversaries ; and whose influence at this period appeared to predominate in the assemblies of all the provinces, Holland, Overyssel, tjnel Groningcn excepted ; and proportionally in that of the States-general. hi reply to an overture of mediation from the ministers of Great Britain and Prussia, the states of Holland voted that they would accept of no mediator but the king of France. At this period, Prussia was »ssembl}ng troops with great diligence at Cleve. on the c,3 11 APPENDIX. frontier of the republic, and France slowly, at the remote station of Givet. Matters were at length brought to a crisis, by the arrest of the princess of Orange, on the 28th of June, between Schoonhoven and Gouda, on her progress to the Hague. Early in September, the duke of Brunswick entered the Dutch territory, and in the space of a single month, made himself master of the whole country ; France, upon whose powerful protection the patriots of Holland fondly relied, being at this time in a state of extreme internal disquiet, and exhibiting un !er the weak administration of the arch- bishop of Toulouse, no symptoms of spirit or vigour. The king of Fiance had indeed, previous to the march of the Prussians, notified to the court of London by his am- bassador, the resolution he had formed to resist all foreign interference in the affairs of Holland ; but from this de- claration that monarch, as the preceding documents de- monstrate, subsequently receded with unexpected but laud- able inconsistency. LETTER FROM THE RIGHT HONOURABLE WILLIAM PITT TO THE PRINXE OF WALES. A. D. 1J-S8. SIR, The proceedings in parliament being now brought to a point which will render it necessary to propose to the bouse of commons, the particular measures to be taken for supplying the defect of the personal exercise of the royal authority during (he present interval ; and your royal highness having some time since signified your plea- sure that any communication on this subject sh mid be in writing, J take the liberty of respectfully entreating your royal highn< j ss's permission, to submit to your con- sideration, the oulhi.es of the plan which his majesty's confidential servants humbly conceive, according to the VOLUME VIII. 23 best judgment which they 3 re able to form, to be proper to be propose;] in the prese.it circumstances. If is their hunJ>leopiuion, that your royal highncssshould be empowered to exercise the royal authority in the name and on the behalf of his majesty, during bis majesty's ill- ness, and to do all acts which might legally be done by his majesty ; with provisions, nevertheless, that the care of his majesty's royal person, and the management of his ma- jesty's household, and the direction and appointment of the oilieers and servants therein, should be in the queen, under such regulations as may be thought necessary. That the power to be exercised by your royal highness should not extend to the granting the real or personal property of the king (except as far as relates to the re- newal of leases) : to the granting any office in reversion ; or to the granting for any other term than during his ma- jesty's pleasure, any pension, or any office whatever, ex* cept such as must by law be granted for life, or during good behaviour ; nor to the granting any rank or dignity of the peerage of this realm to any person, except his ma- jesty's issue who shall have attained the age twenty-one years. These are the chief points which have occurred to his majesty's servants. I beg leave to add, that their ideas are formed on the supposition that his majesty's illness is only temporary, and may be of no long duration. It may be difficult to fix before-hand, the precise period for which these provisions ought to last ; but if unfortunately his majesty's recovery should be protracted to a more dis- tant period than there is reason at present to imagine, it will be open hereafter to the wisdom of parliament to re- consider these provisions, whenever the circumstances ap- pear to call for it. If your royal highness should be pleased to require any farther explanation on the subject, and should condescend to signify your orders that I should have the honour of c 4 24 APPENDIX. attending j'our royal highness for t]mi purpose, or to intl? mate any other mode in which your royal highness may wish to receive such explanation) 1 shall respectfully wait your royal highnesses commands. I have the honour to be, with the utmost deference and submission, SIR, your royal highness's most dutiful and devoted servant, WILLIAM iUTT. Dozening-*/) eet, Tuesday nighf, Dec. 30, 178S. DECLARATION OF THE PRINCE OF WALES, IN ANSWER TO THE LETTER OF MR. PITT. A. p., 1789, The prince of Wales learns from Mr. Pitt's letter, that the proceedings lit parliament are now in a train which en* ables Mr. Pitt, according to the intimation in his formei letter, to communicate to the prince, the outlines of the plan which his majesty's confidential servants conceive to be proper to be proposed in the present circumstances. Concerning the s'ep., already taken by Mr. Pitt, the prince is silent. Nothing done by the two houses of par- liament can be a proper subject of his animadversion ; but when, previously to any discussion in parliament, the outlines of a scheme of government are sent for Ins con- sideration, in which it is proposed that, he shall be per- sonally and principally concerned, and by which the royal authority an. I ihe public welfare may be deeply affected, the prince would be unjustifiable, were he to withhold an explicit declaration of his sentiments. His silence might be construed into a previous approbation of a plan, the ac- complishment of which every motive of duty to his father VOLUME VII i. 23 and sovereign, as well as of regard for the public interest, es him to consider as injurious to both. In the state of deep distress in wrjich the prince and the whole royal family were involved by the heavy cala- mity which has fallen upon the king, and at a moment when government, deprived of ks chief energy and sup- port, seemed peculiarly to need the cordial and united aid of all descriptions of good subjects, it was not expected by the prince, that a plan should be offered to his consi- der;? ! ion, by which government was to be rendered difficult, if not impracticable, in the hands of any person intended to represent the king, much less in the hands of his eldest son, the heir apparent of his kingdoms, and the person most bound to the maintenance of his majesty's just prerogatives and authority, as well as most interested in the happiness, the prosperity, and the glory of the people. The prince forbears to remark on the several parts of the sketch of the plan laid before him. He apprehends it must fcavebeen formed with sufficient deliberation, topre'elude the probability of any argument of his producing an altera- tion of sentiment in the projectors of it. But he trusts confidence to the wisdom and justice of parliament, when the whole of this subject, and the circumstances connected with it, shall come under their deliberation. lie observes, therefore, only generally on the heads communicated by Mr. Pitt; and it is with deep regret the prince makes the observation, that he sees in the con- tents of that paper, a project for producing weakness, disorder, and insecurity, in every branch of the admini- stration of affairs — a project for dividing the royal family from each other — for separating the court from the state ; and, therefore, by disjoining government from its natural and accustomed support, a scheme for disconnecting the authority to command service from the power of animat- ing it by reward— and for allotting to the prince all the. 26 APPENDIX. invidious duties of government, without the menns ©f softening them to the public by any one act vour, or benignity. The prince's feelings, on contemplating this | also rendered still more painful to him, by observing that it is not founded on any general principle, but is calcu- lated to infuse jealousies and suspicions, wholly ground- less lie trusts, in that quarter whose confidence it will ever be tlie first pride of his life to merit and obtain. With regard to (he motive and object of the limitations and restrictions proposed, the prince can have but little to observe. Noligh> or information is offered him by his majesty's ministers on these points. They have informed him what the powers are which they mean to refuse him, not why they are withheld. The prince, however, holding as he does, that it is an undoubted and fundamental principle of this constitution, that the powers and prerogatives of the crown are vested there as a trust for the benefit of the people, and that they are sacred only as they are necessary to the preservation of that poise and balance of the constitution, which ex-? perience has proved to be the true security of the liberty of the subject, must be allowed to observe, that the plea of public utility ought to be strong, manifest, and urgent, which calls for the extinction or suspension of any one of those essential rights in the supreme power or its repre- sentative ; or which can justify the prince in consenting, that in his person an experiment shall be made to ascertain with how small a portion of the kingly power the execu- tive government of this country may be carried on. The prince has only to add, that if security for his ma- jesty's rc-pos« ;.siiig his rightful government, whenever it shall please Providence, in bounty to the country, to re- move the calamity with which he is afflicted, be any part of the object of this plan, the prince has only to be con- vinced that any measure is necessary, or even conducive to VOTJJME VIII. %1 that end, to b? the fi lirgie it, as the preliminary and paramount consideration of any settlement in which he would consent to share. If attention to what is presumed might be his majesty's feelings and wishes on the happy day of Jus recovery, be the object, it is with the truest sincerity the prince ex- presses his firm conviction, that no event would be more repugnant to the feelings of his royal father, than the knowledge, that the government °f hi s son am ^ repre- sentative had exhibited the sovereign power in a state of degradation, of curtailed authority, and diminished energy — a state hurtful in practice, to the prosperity and good government of his people, and injurious, in its pre- cedent, to the security of the monarch, and the rights of his family. Upon that part of the plan which regards the king's real and personal property, the prince feels himself com- pelled to remark, that it was not necessary for Mr. Pitt, nor proper to suggest to the prince, the restraint he pro- poses against the prince's granting away the king's real and personal property. The prince does not conceive, that during the king's life he is by law entitled to make any such grant; and he is sure that he has never shewn the smallest inclination to possess any such power. But it remains with Mr. Pitt to consider the eventual interests of the royal family, and to provide a proper and na- tural security against the mismanagement of them br- others. The prince has discharged an indispensable duty, in thus giving his free opinion on the plan submitted to his consideration. His conviction of the evils which may arise to the king's interests, to the peace and happiness of the royal family, and to the safety and welfare of the nation, from the government ofthe country remaining longer in its present maimed and debilitated state, outweighs, in the prince's mind, every other consideration, and will determine 23 APPENDIX. him to undertake the painful trust imposed upon lam by the present, melancholy necessity, which, of ail the lung's subjects, he deplores the most, in full confidence that the affection and loyalty to the king, the experienced attach- ment to the house of Brunswick, and the generosity which has always distinguished this nation, will carry him through the many difficulties inseparable from this most critical situation, with comfort to himself, with honour to the king, and with advantage to the public. (Signed) GEORGE P. Carlton House, January 2d, 1789. Delivered on the same day by his royal highness to the lord chancellor. PAPERS RELATIVE TO THE DISPUTE WITH SPAIN, RESPECTING THE BRITISH SETTLEMENT AT NOOTKA BOUND. A.JO. 1790. On the 23th May, 1790, the king of Great Britain, by a royal message to both house of parliament, informed them that certain vessels, navigating under the British flag, had been captured at Nootka Sound, on the north western coast of America, by two Spanish ships of war; that the cargoes had been seized, and the crews detained prisoners. The capture of one of these vessels had been notified by the court of Madrid a considerable time since, and complaints at the same time made, of the encroach- ments on the territorial rights of Spain in America. De- mand, his majesty said, had been made in consequence of tliis communication, of immediate restitution and satis- faction previous to any other discussion. By the answer from the court of Madrid, it appeared that this vessel and VOLUME VIII. 20 crew, hadjbeen liberated by order of the viceroy of Mexico', on the supposition that ignorance o5 the rights of Spain only had occasioned this violation of them. Fresh represen- tations had been made at the court of Madrid, insisting upon full and adequate satisfaction for this injury, and orders were given to make such preparations as might put i( in his majesty's power to act with vigour and effect in support of the honour of his crown, and the interests of his people. The court of Spain, alarmed at the high and menacing language of the British ministry, addressed, June 4th, a sort of circular letter or declaration, to all the European powers, stating the justice of her claims, and the exemplary moderation of her proceedings. The declaration affirmed, that his Catholic majesty pretended to no other rights than such as belonged to ins crown by the most solemn treaties, recognized by all nations, and more particularly with Great Britain. Complaints had been made to the court of London, so long since as the 10th February, of the viola- tion of these treaties, by certain merchants, whom Spain regarded as usurpers. If the court of London, says this declaration, had been made an amicable return to these complaints, and had shewed any desire to terminate the affair by an amicable accommodation, a great deal of un- necessary expense might have been saved. The high and menacing tone and manner in which the answer of the British minister was couched, at a time when no certain in- formation of the particulars had arrived, made the Spanish cabinet entertain some suspicions that it was made not so much for the purpose of the dispute in question, as a pre- text to break entirely with our court. On a late occasion a complaint was made to the court of Russia, as to some similar points relative to the navigation of the south sea. A candid answer being returned by that court, the affair was terminated without the least disagreement. Indeed it may be asserted with truth, that the manner, much more SO APPENDIX. than the substance, has produced the disputes that hare taken place on this head with Great Britain. Although Spain may not have establishments or colonies planted upon the coasts, or in the ports in dispute, i! does not follow that such coast or port does not belong to her. If this rule were to be followed, one nation might establish colonies on the coasts of another natio i, in ' rica, Asia, Africa, and Eu.ope, by which means there would be no fixed boundaries, a circumstance evidently absurd. But whatever may he the issue of the question of right, u] on a mature consideration of the claims of both parties, he result of the question of f»ct is, that (\v.* capture of the English vessels is repaired, by the restitution that has been made, and the conduct dr the viceroy ; for as to the quali- fication of such restitution, and whether the prize was law- ful or not, that respecSs the question of right yet to be in- vestigated ; that is to say, whether it has been agreeably to, or in contradiction to the treaties relative to the rights and possessi ns of Spain. Lastly, the king will readily enter into any plan by which future disputes on tins s ibject may be obviated, that no reproach may be upon him, as having refused any means of reconciliation." At this period, a very happy choice of an ambassador to the court of Spain, was made in the person of Mr. Fitzherbert, now lord St. Helen's, whose diplomatic ad- dress, and spirit of conciliation, were well adapted to tem- per and modify the pnde and harshness of the English minister. On Mr. Fitzherbert's arrival at Madrid, a me- morial was delivered to him, June 13th, by the count de Eloiida Blanca, in the name of the king of Spain, repre- senting that by every treaty on record, between Spain and the other nations of Europe, particularly by theva^ms treaties concluded from time to time with England, the rights now claimed by his Catholic majesty, were admit t, f property on the north- eastern coast of the same vast Continent, beyond the most northerly settlements in Can uhi or Labrador^. On the 1st August, M, de Montmorin, by order of the king of France, proposed to the national assembly, ano- ther and far greater augmentation of the French marine than the former— apprizing them at the same time, that the king of Spain claimed in the most positive manner, an assurance of the execution of the conditions stipulated by the treaty of alliance subsisting between the. two nations, and submitting to the -wisdom of the legislative body what answer should be made to tin court of Madrid. This message being referred to the diplomatic commit- tee, a report was in a short time drawn up by the celebrated Mirabeau in their name, replete with good sense, sound, policy, and sentiments of humanity. In consequence of this report, the assembly passed a decree, that the French nation will observe her defensive and commercial engage- ments Avith Spain. The general tenor of the report, which treated with indignation the supposition, " that two en- lightened nations would lavish their blood and treasure for the acquisition of so distant, so barren a spot of ground," was however so adverse to the idea of a Avar with England, and the reluctance of the assembly to involve the French nation in. hostilities for an object wholly insignificant, so apparent, that the court of Madrid Avisely resolved to concede the points in dispute to England, by a convention signed at the Escurial on the 2Sth October, 1790, by Mr. Fitzherbert and the count de Florida Blanca. J Jut though England, at the expense of three millions, extorted from the Spaniards a promise of restoration and reparation, it is avcII ascertained, Jir$t 9 VOLUME VJII. 41 that the settlement in question never was restored by Spain, nor the Spanish flag at Nootka ever struck ; and secondly^ that no settlement lias ever been subsequently attempted by England on the California!! coast. The claim of right Get up by the court of London, it is therefore plain, has been virtually abandoned, notwithstanding the menacing tone in which the negotiation was conducted by the British administration, who cannot escape severe censure for en- couraging those vexatious encroachments on the territorial rights of Spain. ' DECLARATION OF MANTUA, BY THE EMPEROR LEOPOLD II. may 20, 1791. M. Bertrand de Moleville, in his memoirs informs us, that in May 1791, the king and queen of France sent a confidential person, the count Alphonse d'Urfort, to the count d'Artois, with a commission to treat with the em* peror Leopold, then hi Italy, for the rescue and re-esta- blishment of the royal family of France. The conference took place at Mantua on the 20th May. The following paper was drawn up, corrected by the emperor himself, and carried to Paris in seven days by M. d'Urfort. DECLARATION. The emperor shall order 35,000 men to march towards the frontiers of Flanders and Hainault, and at the same time the troops of the circles, to the number of 15,000 men, shall proceed to Alsace. The same number of Swiss shall appear on the frontiers of the Lyonnois and Franche Comple; the king of Sardinia upon that of Dauphine with 15,000 men. Spain has already assembled 12,000 jncu in Catalonia, and will raise them to 20,000 troops, to 42 APPENDIX. threaten the southern provinces. These different armies will form a mass of about 100,000 men, which shall march in five columns to the several frontiers bordering on the different states. To these armies shall be joined the regi- ments remaining loyal, the armed volunteers who may be relied on, and all the malcontents of the provinces. The emperor is assured of the good disposition of the king of Prussia ; and his Imperial majesty has himself un- dertaken the direct correspondence with tiie court of Ber- lin. The king of England, as elector of Hanover, also desires to enter into the coalition, which must be kept a profound secret till the instant of the explosion; for which reason care must be taken to prevent any partial insurrection in the interior. All being thus arranged for tb^ end of -Inly, the decla- ration of the house of Bourbon shall appear. It shall be signed by the king of Spain, the king of Naples, the in- fant of Panna, and fhe'princes of the biood that are at liberty. The manifesto of the powers engaged in tlae coalition, shall appear immediately after. Although the emperor is the soul and leader of tl?.~ en- terprise, it would most probably place the queen in a perilous situation, if he should appear as the prime mover. For this plan would be certainly attributed to the house of Austria, and the assembly will use their utmost endeavours to render it odious to the people. The emperor is going to write to the king of Spain to hasten his preparations, and exhort him to sign without delay the declaration of the house of Bourbon. The king and queen of Naples, who are acquainted with it, only wait the signature of Fpain to ailix theirs. The intentions of i]\v. king of Sardinia are excellent ; he only waits the qrnperor's signal. The dirt of Rafisbon, who have received the decree for a commission, are about to take their last, resolutions. The neutrality of I England may be relied upon . VOLUME VIII. 4i Every thing being thus concerted with the powers, this plan ought to be considered as settled ; and care should be taken that it is not thwarted by jarring ideas. Their majesties should carefully avoid dividing their confidence, and letting many into the secret ; having already expe- rienced that it only hurts, retards, and embarrasses. The parliaments are necessary for the re-establishment of forms : consequently a continual correspondence must be kept up w ith several members of the supreme courts, to be able to re-assemble them easily when the time comes. Though hitherto it had been wished that their maj' sties might themselves procure their liberty, the present situa- tion of affairs makes it necessary to entreat them earnestly to drop the idea. Their position is very different from that in which they stood previous to the 18th April, be- fore the king had been compelled to go to the assembly, and to cause the letter to be written to the ambassadors. The only object that ought to take up their majesties' at- tention, is to employ every possible means to increase their popularity, to take advantage of it when the time should come ; and so that the people, alarmed at the approach of the foreign armies, should find their safety only in tlie king's mediation, and their submission to his majesty's authority. This is the emperor's opinion. He depends solely on this plan of conduct for the success of the measures whicb he has adopted, and particularly requests that every other may be given up. What might happen to their majesties, if in their flight they should not be able to escape a bar- barous vigilance, makes him shudder with horror. His Imperial majesty thinks that their majesties' surest course is the movement of the armies of the allied powers, pre-* ceded by threatening manifestoes. 44 APPENDIX* LETTER mOM THE KING OF THE FRENCH TO THE KING OF ENGLAND. A. D. 1792. Paris, May 1, 1792. SIR, MY BROTHER, I send this letter by M. Chauvclin, whom I have appointed rny minister plenipotentiary at your majesty's court. I embrace this opportunity to express to your majesty, how sensible I am of all the public marks of affec- tion you have given me. I thank you for not having be- come a party to the concert formed by certain powers against France. From this I see you have formed a better judgment of my true interests, and a more correct opinion of the state of France. Between our two countries, new connexions ought to take place. I think I see the remains of that rivalship which has done so much mischief to both, wearing daily away. It becomes two kings who have distinguished their reigns by a constant desire to pro- mote the happiness of their people, to connect themselves by such ties as will appear to be durable, in proportion as the two nations shall have clearer views of their own inte- rests. I have every reason to be satisfied Avith your ma- jesty's ambassador at my court. If I do not give the same rank to the minister whom 1 have sent to yours, you will nevertheless perceive, that by associating in the mission ■with him, M. de Talleyrand, who by the letter of the consitution can assume no public character, I consider the success of the alliance, in which 1 wish you to concur with as much zeal as I do, as of the highest importance. J consider it as necessary to the stability, to the respective constitutions, and the internal tranquillity of our two kingdom ; and I will add, that our union ought to com* maud peace to Europe. I am your good brother, LOUIS. VOLUME VIII. 49 To this most important overture of friendship and alliance, an attention to which rnight, and in all human probability would, have prevented incalculable mischief, no answer whatever was made by the English court. cvy of vol, vn t. Printed by R. McMillan, ) Bow Street^ Covent Garden. $ VOLUME THE NINTH. APPENDIX: CONTAINING UTATE PAPERS AND AUTHORITIES, TO THE NINTH VOLUME. ON THE ORIGIN OF THE WAR OF 1792-1802. FT is a question of great historical moment, to ascertain in what causes the late war between England and France, unparalleled in its expenditure of blood and treasure, and still more so, in the dreadful magnitude of its conse- quences, originated. If it was, politically speaking, unavoidable on the part of Great Britain, the admini- stration of that period have suffered much unmerited ob- loquy, from which they ought to be publicly vindicated. If, on the other hand, they had it in their power, much more if the means were easy and obvious, to preserve the nation from an evil so dreadful, it is the duty and the province of history to hold them up to general contempt as the most incapable, if not to general indignation as the most criminal, of statesmen.* * The present dissertation contains the substance of the arguments used by the author, in a controversial discussion respecting the origin of the wtr, with the Rev. Herbert Marsh, in consequence of the work published b) that gentleman, styled "History of the Politics of Grsat Britain and Prancz, &c." in two volumes Svo. APPEND. VOL. IX. B 2 APPENDIX. That in the month of August, in the year 1791, a con- ference took place at Pilnitz, in Saxony, between the em- peror Leopold and the king of Prussia, which terminated in an agreement or convention, purporting designs in the highest degree alarming to France, is acknowledged. Upon the decisive evidence of M. de Bouille, and M. de Moleville, it is certain that the project of the emperor and king was nothing less than to form a league between all the powers of Europe, in order to compel the French nation to submit to such conditions as those powers might think fit to impose. To this league Great Britain, much to the honour of its government, and to the disap- pointment of the combined courts, refused to accede ; and in relation to this famous intended general coalition, as well as in other respects, she appears to have acted a part rather friendly than inimical to France. During the dreadful state to which the island of St. Domingo was reduced towards the close of the summer of 1791, in consequence of the insurrection of the negroes, the town of Cape Francois being surrounded by an army of the insurgents, the most seasonable and effectual relief ■was afforded to the inhabitants, by the generosity of lord Effingham, governor of Jamaica ; and the British am- bassador at Paris notified to the court of France, his Bri- tannic majesty's approbation of this proceeding. To the circular letter written by the king of France, September 1791, to announce his acceptance of the new constitution, the court of London replied early, and in terms of respect and friendship ; while Sweden returned the letter unopened ; and Spain gave for answer, that the act of acceptance could not be regarded as an act of free will. On the 31st of January, 1792, the session of parlia- ment was opened by a speech from the throne, indica- tory of a truly pacific spirit, and even recommending ionic immediate reductions "in the naval and military VOLUME IX. S establishments, which accordingly took place : and Mr. Pitt was sanguine enough to affirm the probability of fif- teen peaceful years in uninterrupted succession. Upon the 20th of April (1792), war was declared by France against Austria ; on which great occasion England still maintained its professions of neutrality ; with the sin* cerity of which the French ambassador, M. Chauvelin, appears to have been perfectly satisfied. ll War," says the ambassador in his dispatches, " is not agreeable to the taste of the nation ; preparations are neither made in the ports or the arsenals. It is certain, that the system of neutrality debated in council was adopted there." So strongly were the new ministers of France, M. Roland and his colleagues, persuaded of the favourable dispo- sition of the English nation, and even of the English court at this period, that the king of France was advised by them to write (May 1st) a confidential letter to the king of England, thanking thiil monarch " for all the marks of affection he had given him, and especially for not having become a party to the concert formed by cer- tain powers against France." The letter then proceeds to touch upon topics of the most important and interesting nature, and refers to the secret instructions given to the ambassador. " Between our two countries," says the French monarch, " new connexions ought to take place. 1 think I sec the remains of that rivalship which has done so much mischief to both, daily wearing away. It be- comes two kings who have distinguished their reigns by a constant desire to promote the happiness of their peo- ple, to connect themselves by such ties as will appear to be durable, in proportion as the two nations shall have clearer views of their own interests. 1 consider the success of the alliance in which I wish you to concur with as much zeal as I do, as of the highest importance. I consider it as necessary to the stability of the respective constitutions, and the internal tranquillity of our two kingdoms; and b2 4 APPENDIX. and I will add, that our union ought to command pxace to Europe." Never did a more glorious opportunity present itself, of advancing to an height before unknown, and of establish- ing on a broad and solid basis the great and permanent interests of mankind. Had the alliance so earnestly sought by France, been acceded to with equal sincerity and good will on the part of Great Britain, how incalcu- lable are the mischiefs which might, and in all human probability would, have been prevented : how immense the benefits which must have accrued! To this truly noble and generous overture, no answer was given. An alarming indication, that a new spirit had arisen in the English councils. Yet in the course of the same month, the English court issued, at the requisition of the ambas- sador, Chauvelin, a proclamation to enforce the amicable stipulations of the treaty of 1786, prohibiting the subjects of England from taking out, or accepting any commis- sions from the princes or states actually at war with France. This was highly gratifying to the French go- vernment ; and in a note presented by M. Chauvelin at this period, on occasion of the proclamation against sedi- tious writings, he says, " Independently of those princi- ples of justice, from which a free people ought never to depart, if any one is solicitous to reflect candidly on the true interests of the French nation ; is ii not evident that they must be anxious for the internal peace, and the stability and duration of the constitution of a country which they already look upon as a natural ally?" On the 15th of June, 17^2, the session ended, when the king renewed the protestations of his care to maintain the har- mony and good understanduto; which subsisted between him and the several belligerent powers, and to preserve to his people the uninterrupted blessings of peace. So eager was the government of France at this crisis, to conciliate the favour and friendship of England, that VOLUME IX. 5 notwithstanding the late repulse, the king of France, by advice of his present virtuous and patriotic ministers, or- dered M. Chauvelin to present, June 18, a memorial to the English minister for foreign affairs, requesting the mediation of the king of England between France and the allied powers. u The consequences," said the ambassa- dor, " of such a conspiracy, formed by the concurrence of powers who have been so long rivals, will be easily felt by his Britannic majesty : the balance of Europe, the independence of the different powers, the general peace ; every consideration which at all times lias fixed the atten- tion of the English government, is at once exposed and threatened. The king of the French presents these se- rious and important considerations to the solicitude and friendship of his Britanic majesty. Strongly penetrated with the marks of interest, and affection which he has re- ceived from him, he invites him to seek in his wisdom, in his situation, and in his influence, means compatible with the independence of the French nation, to stop while it is still time, the progress of the confederacy formed against her," &c. Alter a lengthened and tedious interval of twenty days, a cold and evasive answer was returned by the English court, importing, " that in the existing Hrvumstfinces of the war now begun, his majesty thinks the, intervention of his counsels or of his good offices, cannot be of any use, unless they should be desired by all the parlies inte- rested," &c. But it is not to be imagined, that in the existing cir- cumstances of the case, .Austria and Prussia would have dared to refuse the mediation of Great Britain. The in- terests of this country were evidently and closely inter- woven with those of the Continent, which seemed to look up to England as the aibitress of its fate. But the ge- nius of Mr. Pitt did not rise to a level with the proud pre- B3 6* APPENDIX. eminence in which he, bis king, and 'lis country, were at this critical moment placed. England was at all times well known to be more favour- ably disposed to the house of Austria than to France. The application of France to England, therefore, shewed the confidence she placed in fche justice of her cause, and her readiness to acquiesce in any lair and equitable terms of reconciliation. Had the pride and obstinacy of Au- stria rendered the mediation of England ineffectual, she might properly have lefl ill ■ Imperial court to the conse- quences of its folly ; and would by this means have ac- quired an irresistible claim upon France for conceding tJwfi neutrality of the low countries ; the preservation of which from the Gallic power, was the only good political reason for involving this country in the continental war. In consequence of the wise and conciliatory conduct of sir Robert Waipole in the war of 1735, this point was attained without difficulty ; and the court of Vienna cla- moured in vain for the assistance of Great Britain to ex* tricate her from the distressing embarrassments occasioned by her own rashness and presumption. The power of this country is indeed very great, when wisely directed, and to proper objects ; and her mediation, when offered in the spirit of candour and good will, must ever carry with it peculiar weight. But the administration of Mr. Pitt has been distinguished by the spirit of haughtiness. No minister ever challenged the confidence of the country in a tone so lofty ; no minister ever expressed himself with respect to France, in terms of such insolence and con- tumely ; no minister, when engaging in a war with that potent enemy, ever before countenanced the puerile idea of marching to the gates of Paris ; — yet was this minister the only statesman having the direction of the affairs of England since the power of France became formidable Under the auspices of Richelieu and Mazarine, who failed VOLUME IX. 7 in his attempts to defend the low countries from the de- signs of Gallic ambition. To revert from this digressional remark to the chain of political events during this memorable year. On the de- position of the king 1 of France, August EO, 179 L 2, orders •were almost immediately sent to earl Gower, the En- glish ambassador at Paris, and who had displayed much good sense and discretion during his embassy, to with- draw from that city and return forthwith to England ; therein virtually taking a decided part in the interior concerns of France, casting a stigma upon the conduct of the national assembly, and dissolving the most direct and important medium of communication with that coun- try, at a time when the political relation of the two nati- ons became more than ever interesting and momentous. Whether the national assembly were or were uot jus-. tifiable in the measure of deposition, the English govern- ment could possess no right of jurisdiction over them : and the political necessity of 'maintaining an intercourse of amity and good offices, was at least as urgent as before. France probably was to be saved only by proceeding to this extremity; and what political merit h ad Lou is XVI. in re- lation to England, that the English government should inte- rest itself in the perpetuation of his power? Why incur any political risques in opposing the downfal of a monarchy which had shewn itself uniformly hostile to Britain ? Surely the new order of things could not be worse in this respect than the old ! of whatever private virtues the king might be possessed, he inherited all the political vices at hast of his ancestors. And that mini- lor mast be actuated by strange predilections, who would willingly Qn^\^a in a war, for the purpose of re-establishing the former des- potism of the house of Bourbon in France. 12 ut the recall of the ambassador was necessarily pro- ductive of the highest political inconvenience. It was ;..•: :mprovokcd and flagrant insult to the French nation ; B 4 ft APPENDIX. and it was by all persons of political discernment in both countries regarded as ominous of future animosity, con- tention, and -war ; occasioning, as it di I, a mighty shock to the feelings of that high-spirited and gallant people, who carry to a pitch which borders even upon the romantic, their ideas of the point of honour. " The suspension of the king of the French,*' says M. Brissot, in his famous report of the 12th January, 1793, " on a sudden changed the apparent disposition of the English court. On the 17th of August she recalled her ambassador, under the futile pre- text, that his letters of credence were addressed only to the monarcli : as if new letters of credence could not have been expedited. The minister, Dundas, added, that this recall was perfectly conformable to the principles of neu- trality adopted by the English court, and her firm re- solution not to interfere in the internal government of France, Nevertheless, the ambassador was recalled upon, the ground of the revolution of the 10th of August. Was not this an interference in the interior concerns of France, since it involved in it a public disapprobation of its ope- rations ? if the cabinet of England had entertained a just respect for the independence of the Gallic nation, an am- bassador would at least have been sent at the opening of the convention. For when all the departments had named deputies to this convention, it was evident that a formal sanction was given to the preceding measures of the nati- onal assembly, and consequently to the suspension of the king. Did the cabinet of St. James's found its refusal upon the abolition of royalty, pronounced by this con- vention at the commencement of its sittings ? We answer, thatthe convention was invested with unlimited powers ; and that it had a right to abolish royalty, and to substitute a republican government in its place. The cabinet of St, James's could not refuse to correspond with the new ex- ♦rutivc power established in France, without violating the principle which she had herself proclaimed respects VOLUME IX. 9 xngthe independence of nations ; without declaring; fhetc determination to interfere with the internal concerns of Fiance. Disdaining, nevertheless, these frivolous diplo- matic chicaneries, and conceiving- that tire repose of na- tions ought not to be sacrificed to the miserable disputes of etiquette ; hoping all things from time, reason, and vic- tory, the French republic ordered her ambassador in London stiil to exercise his functions." In the instructions transmitted to lord Gower upon this occasion, it must be remarked that his lordship was directed " to take especial care in all the conversation which lie might have occasion to hold before his departure, not to neglect any opportunity of declaring, that at the same time his majesty means to observe the princi- ples of neutrality in every tiling which regards the ar- rangement of the internal government of France." On reading this instruction, who can avoid exclaiming, why then depart at all? ]f it were the real intention of the British court to maintain its neutrality, why adopt a measure so invidious, and which necessarily put that neu- trality so much to the hazard ? The French executive government, upon their part, on this trying occasion displayed very signal proofs of tem- per and wisdom. " The council," says M. Le Krun, mi- nister of foreign relations, in his reply to the official no- tification of lord Gower, " hath seen with regret, the eh - termination of the English cabinet to recall its ambassa- dor, whose presence attested the favourable dispositions of a free and generous nation, and who had never been the organ of any other than amicable words and sentiments of benevolence. If any thing can diminish this regret, it is the renewal of the assurance of the neutrality given by England to the French nation. This assurance ap- pears to be the result of the intention wisely reflected upon, and formally expressed by his Britannic majesty, not to interfere in the interior arrangement of the affairs 10 ATTENDIX. of France. Such a declaration cannot be surprising on the part of the people, enlightened and spirited, who first of all nations recognized and established the principle of the national sovereignty ; who substituting the empire of the law, the expression of the will of all, to the arbitrary caprices of individual wills, was the first to give the exam- ple of subjecting kings themselves to that salutary yoke ; who, in fine, hath not deemed herself to have purchased too dear by long convulsions, and violent tempests, that li- berty to which she owes her glory and prosperity. This principle of the inalienable sovereignty of the people is now going to manifest itself in a strong manner in the na- tional convention, of which the legislative body has de- creed the convocation, and which will fix without doubt, nil parties and all interests. The French nation has ground to hope, that the British cabinet will not depart in this decisive moment, from the justice, the moderation, and the impartiality, which have hitherto characterized her proceedings." But notwithstanding the hollow neutrality of words contradicted by her own public act, on the part of the English court, and the magnanimous acceptance of that fallacious neutrality on the part of the executive council, the prevailing opinion in France from this time really was, that England would ultimately join the coalition* j * With respect to the impression actually made by the revocation of lord Goiver, we are informed by Mr. O'Bryen, who was at Paris shortly after this event had taken place, that M. Brissot declared in his presence, " that he never despaired of the duration of the peace with England, until the re- call of the English ambassador; that the French were well aware of the hostile- disposition of the English ministry from :he beginning of the revolu- tion ; they had hopes, however, that the unprovoked injustice of such a measure, would prevent the accession of England to the coalition; but the recall of the ambassador, and sending no one to replace him, was too clear an explanation of the Hanoverian minister's conduct at the diet of Ratisbon, who appeared more as a factor for the duke of Brunswick's army, than the envoy of a power which had repeatedly promised its neutrality." — Utt ■ fforu/;;, p. 43. VOLUME IX. 11 and those who were most adverse to the idea of a rupture with that power, thought it necessary to prepare the pub- lic mind for what they conceived to be so probable. an event. This they endeavoured to do in divers ways : First, By depreciating the power of England, and representing that in consequence of her immense debt, she would not be able to exert her native force with the same effect she had here- tofore done. Nay, that a war would soon bring on a crisis in her finances, and that a national bankruptcy must ine- vitably ensue. Secondly, By -magnifying the discontent and disaffection which were known to exist in a certain degree in that kingdom, and by plain intimations and even assertions, that in case of a war, it would be easy to exeite a formidable insurrection in England, which would pro- bably terminate in the subversion of kingly govern- ment. In making these assertions, M. Brissot, and other popu- lar orators in the convention, were doubtless in some mea- sure deceived themselves, and from motives which ap- peared in their view highly patriotic, they evidently scrupled not the practice of various arts to deceive others. If they conceived that they had it in their power to excite an insurrection, which M. Le Brun and other persons high in office., probably might imagine, it does not follow that they seriously expected this insurrection to terminate in the subversion of kingly government in England. On the contrary, it was manifest beyond all possibility of •question, that the adherents of the established form of government, were incomparably more numerous and powerful than the jacobins and republicans. An insur- rection on the part of the mal-contents, therefore, could ultimately operate, as the French government indubitably saw, only to their own ruin. And though we are not at liberty to suppose that the French government entertained ageuts in England, with a view to excite public disturb- 12 APPENDIX. ances, for this plain reason, because none such have ever been detected, yet in all probability, like lawful and re- gular governments, they had their spies and reporters, who might sometimes mislead them, as lawful and regular governments have been sometimes misled. What good or plausible motive can be assigned why France should not have been as well disposed to maintain the relations of peace and amity with Great Britain as with Denmark, Sweden, and America, had she conceived that Britain was amicably disposed towards her ? In fact, as long as there was the least chance of retaining the friendship, or even the neutrality of England, France shewed herself eager to cherish a close connexion with the British crown ; and it was not till she conceived her ad- vances to be slighted, and her government insulted, that she displayed anj- symptoms of resentment. But it is not easy, in adopting a subtile and refined sys- tem of policy, to draw the line accurately and precisely. Brissotand his colleagues so frequently asserted " that it was the interest of France to engage in a general war ;•" — u that the revolution could be completed and perfected only by such a war ; — " that tie governed must be incited against the governor ;" — "that France, for her own safety, must set tire to the four corners of the world," &c. &c. that many were seriously of opinion, that this ought to be effected ; and the spirit of jacobinism soon began, even under the Brissotinc administration, which it shortly af- terwards superseded and overturned, to appear very for- midable. Many violently patriotic members of the con- vention aspired to the glory of revolutionizing England, and from the combined influence of the causes so repeated- ly staled to them, they thought little of the danger attend- ing it : and there were those who hesitated not to affirm, that England was no more to be dreaded than the republic of Ragusa. In this dangerous and highly fermented state of the VOLUME IX. 13 public mind, the patriotic societies in England began the practice of presenting at the bar of the convention, addresses of congratulation, filled with bold, insolent, and seditious expressions, to which answers were returned in a congenial spirit, full of respect and complacency. After the decisive victory of Geinappe, and the concomitant successes of the French armies in Germany and Italy, the licentious enthusiasm of that democratic and anarchic body, knew no bounds ; and the famous decree of the 19th November, 1792, granting fraternity, and promising assistance to all those people who w ished for liberty,- passed by acclamation. On the 2Sth of the same month, the president of the convention, M. Gregoire, in reply to a seditious address from England, went the violent and ex- treme length of declaring, " that the moment without doubt approached, in which the French would bring con- gratulations to the national convention of Great Britain. " No sooner faadthis intelligence reached England, than a resolution was taken, in the stead of reinstating lord Gower as ambassador', and authorizing him to remonstrate with energy against these extravagancies, which most assuredly would never have been committed, had he re* mained in his proper station, immediately to convoke the parliament, and to stale to them in the first instance, in- stead of the French government, all the causes of grievance. The parliament accordingly met December 13th, in a most unusual time and manner, and every arti- fice was put in practice bythe ministers, and but toosuc- cessfully, to excite a national alarm. Parliament summoned, no one could tell why — the militia called out to fight, no one could tell whom — a plot against the government, no one could tell what — an explosion hourly expected, no one could tell where — the stocks falling, the Tower fortify- ing ; meetings here, addresses there, sound and fury in the debates of the two houses ; Mr. Fox's counsels coj and Mr. Burke deemed an oracle of wisdom ! 14 APPENDIX. The speech from the throne contained a formal denun- ciation of the French, whose conduct had indeed by this time afforded just and weighty grounds of complaint. The decree of November, the opening of the Scheld, the annexation of Savoy, in opposition to the pretended re- nunciation of conquest ; the reception given to the English addresses by the convention ; were all legitimate subjects of reclamation and remonstrance. But neither reclama- tion nor remonstrance was made to the government of France. As a measure of national security and preven- tion, V'i augmentation of the naval and military force of the kingdom was voted. The alien bill, the bill for pre- venting the circulation of assignats, for prohibiting the exportation of arms and military stores to France, and even, in direct and acknowledged defiance of the com- mercial treaty, of foreign corn through the medium of England — a measure against which, M. Chauvelin re- monstrated in terms of great energy — were passed; being- carried through their several stages by great and decisive majorities in both houses. These measures were not of a nature to pass unnoticed in the national convention of Fiance. So early as the 15th December, and as soon as England had begun to shew herself decidedly hostile, the principles of jacobi- nism still rapidly gaining ground in that assembly, a de- passed, " that in those countries which are, or shall be occupied by the armies of the French republic, the gene- rals shall immediately proclaim in the name of the French nation, the sovereignty of the people, and the abolition of all constituted authorities, &e. The truth is, that the French universally conceived the confederacy, or as they rather chose to style it, the conspiracy formed against them, to be in the highest degree base and unjust. They regarded it not without some colour of reason, as a war resolved upon for the express purpose of subverting the infant liberty of France, of dismembering its provinces, VOLUME IX. 15 and of restoring amongst them the reign of despotism. The majority, therefore, thought they were fully justified in defending themselves as they could, and in repelling so unprovoked an aggression, by attacking their enemies in the part wherein they were the mosl vulnerable. As it wis a war against liberty on the part of the combined des- pots^ so on the part of France it was considered as a war against despotism, which was to be conducted upon prin- ciples totally different from those which had been known or acted upon in any former war ; and if England joined the coalition of despots, they meant no doubt to class her as she classed herself. When M. Baraillon, known as a professed modcrc and real royalist, therefore proposed to the convention, to re- strict the meaning of the decree of the J 9th November, to the countries with which France was actually at war, because it had excited uneasiness in the British govern- ment ; the previous question was immediately demanded upon it, and the proposition virtually negatived without a debate, as insidiously designed. Though an oblique threat to England might doubtless be intended by the framers of the decree of the 15th of December, the language of the decree itself, amicably, or even equitably construed, bore no such construction. The preamble to this famous decree contains the following words: " The national convention, faithful to the princi- ples of the sovereignty of the people, which does not per- mit them to acknowledge any institution that militates against it, decrees, &c." But the sovereignty of the peo- ple had been repeatedly recognized since the establish- ment of the new order of things in France, as perfectly consistent with the principles of the English constitution ; nay, as necessarily implied in that constitution, unless the revolution of 1€88 were no other than a rebellion, the act of settlement a nullity, and king William, with the monarchs of the 'house of Bftinsvtfcirj vile ?.ud lawless 1 6 APPENDIX. usurpers. And it is remarkable, that M. Le Brun, in his late excellent answer to lord Gower's notification of re- call, expressly styles the English nation, " Un peuple eclaire et tier, qui le premier a reconnu et etabli le prin- cipedela souverainete nationale." In reference to the decree in question, therefore, it is ab- solutely necessary to bear constantly in mind, that as the war against France was waged for the express purpose of restoring the ancient despotism, and of subverting the infant freedom of the republic, the French government deemed themselves fully justified, in avowing their inten- tion of destroying the oppressive tyrannies of those who had joined in the flagitious confederacy against them. And if Great Britain, after the torrents of blood she had shed in defence of her own liberties, chose to rank herself with those despots who had combined to destroy the li- berty of France, she might certainly infer from this de- cree, that France would make no exceptions in her favour. As long as England preserved any appearance of amity to France, she was invariably spoken of, not merely in terms of respect, but frequently of flattery and admiration ; and if England had not been conscious of the hostile mind she bore to France, she would never have supposed herself included in the scope either of the present decree or the preceding one of November. The conduct of the executive council, in the critical cir- cumstances they were now placed in, was throughout temperate and laudable. M. Le Brun, in his report to the convention of the 19th of December, declared, " that there was nothing in the English armaments which ought to excite alarm, since they exceeded by four ships of the line only, the number which had been commissioned in llie preceding year. And some days after, when thirteen more ships of the line were put into commission, he still affirmed, that the force voted by the English parliament was not formidable, ne sont pas encore trop ejjravans ; VOLUME IX. 17 Considering, as he added, the difficulty of completing the crews of these vessels for want of mariners. He affirmed} that the council had given express orders to the minister, Chauvelin, to embrace every opportunity of assuring the English nation, that notwithstanding the ill-humour of its government, the French people desired nothing more ardently than to merit its esteem. Also, that in case the armament to which he had alluded should be conti- nued, M. Chauvelin had instructions to declare, that a solemn appeal would, be made to the English nation." " An appeal," as M. Brissot afterwards professed to ex- plain it, to the reason and justice of a great nation, duped by the charlatanisme of its minister ; and he expressed his surprise, that the English court should affect to re- gard it as an incitement to insurrection." A similar in- stance of appeal had occurred in the famous declaration of count Palm, the Imperial ambassador, in the year 1726, which excited indeed, a just resentment of the court of London, though it was not regarded as" an incitement to insurrection.." But on farther reflection, the governing powers of France wisely abstained from carrying this very obnoxious and exceptionable measure into execution. After an interval of no less than fourteen days from the meeting of parliament, M. Chauvelin was at length or- dered to break silence ; and on the 27lh of December he presented a note or memorial to lord Grcnvillej minister for foreign affairs, which offered certainly a very fair opening for an amicable termination of the fatal misun- derstanding which had now taken place between Great Britain and France*. la this letter the offensive meaning of the decree of the 19th of November, is formally and ex- peessly disavowed. The question with a great statesman, * On account of the length of the correspondence between M. Chauvelin and lord Grenville, the reader must necessarily be referred to the original letters, to be found in the collection of state papers published in illustra- tion of the present history. APPEND. VOL. IX. C 18 APPENDIX. if such an one had fortunately for Britain presided over her councils at this period, would doubtless have been, not whether the explanation offered by M. Chauvelin, was a just interpretation, according to the ordinary rules of grammatical construction ; not whether the comment was proof against all captious criticism, but whether the pub- lic and unequivocal disavowal of its supposed meaning did not indicate a real reluctance on the part of France to come to a rupture with England ? whether she did not still wish to reinstate matters on the footing of friendship ; or, if that were impracticable, at least of civility and neu- trality ? If France really purposed to break with England, it is the grossest of solecisms to believe that she would have degraded herself by this poor and paltry evasion. No, the decree in question was evidently the unpremeditated effusion of popular exultation and folly ; it passed by ac- clamation in a moment of enthusiasm and victory ; and with respect to countries which maintained the relations of peace and amity with France, it never had or was de- signed to have the remotest operation. The pacific disposition of France is farther evidenced by her positive and voluntary declaration, that she will not attack Holland, if that power does not violate its neu- trality. Lastly, by professing to treat the opening of the Scheld as a trivial question, the memorial famished a ready salvo for the honour of the French government, if in the progress of the negotiation it should be found expedient to concede that point to England. Weighed in the great political scale of Europe, the free navigation of the Scheld was indeed a consideration of trivial mo- ment ; and were the present negotiation conducted in the spirit of amity, it might with almost absolute certainty be inferred, that France would not suffer this claim to be an insuperable bar to the successful termination of if. The uncourteous and lin customary language respecting- ministers, is indeed reprehensible r and the oolique threai VOLUME IX. 19 tif appealing to the English nation against the part adopted by its government, or those entrusted to administer it, is equally impolitic and indefensible. The English minis- try were at this time, in consequence of their own previous and egregious indiscretion, involved, as it must be con- fessed, in a situation of great political difficulty ; and the negotiation now entered upon was at once one of the most important and delicate that could be conceived >. And never was there a minister less qualified than lofd Gren- ville, to conduct and bring to a successful issue a busi- ness of such embarrassment and complexity ; and which would have afforded full scope to the highest exertion of diplomatic talents — to the address, the urbanity, the su- perior wisdom of a Temple, a De Witt, or a Boliug- broke. On the 3 1st December lord Grenville returned an answer to the memorial of M. Chauvelin, in which not the smallest particle of these requisite qualities is discernible ; but the whole is couched in terms of the most studied irri- tation and insolence. This haughty and incapable mini- ster, uniformly affects to consider the French as the origi- nal aggressors in the continental war : lie makes not the least allowance for that perturbed state of the public mind, which so singular and perilous a situation as that in which they lately stood, must necessarily have excited : he puts the worst possible construction upon the decree : he takes it for granted that England was included in the scope of it, and refuses to admit any explanation which might tend to remove or rectify whatever umbrage had been oc- casioned by it*. * This famous decree, in the original language, is as follows : Slance du Lundi, 19 Novembre, 11 93. Lepeaux propose, et la convention adopte la redaction suivante, " La convention nationale declare au nom de la nation Francaise qu'elleac- cordera fraternity et secours a tous les peuples qui voudront recouvrir leuc l'berte"; et charge le pouvoir exe"cutif de donner aux generaux les ordres ne"* c2 20 APPENDIX. -The impolitic conduct of Mug-land, in refusing' to recog- nize the provisional government of France, so far as io continue the accustomed diplomatic relations subsisting between the two count vies, was regarded by the majority of the convention as a renunciation of the principle of neutrality, and an actual interference in the interior con- cerns of the rmuh nation { and the English government -was in consequence treated upon many occasions^ in that assembly, v,[{}\ great rudeness and indignity. This false si ;i wasj therefore, as soon as possible to be retrieved. M. CJtauvt :lin ought to have been acknowledged as the accredited minister of the Trench government, and an ambassador immediately sent to Paris. This of itself would have given a totally new face to things, and have produced, a great sensation in favour of England. But, on the contrary, lord G'renville embraced with eagerness the present occasion to tell M. Chauvclin, in the most oifensive terras, " t hit t he could not be admitted to treat with the king's ministers in the quality, and under the form, stated in his note." Instead of accepting, with magnanimous indifference, to verbal criticisms, the political explanation and apology ofM. Chauveliu relative to the decree of November, as -was the part of a wise and liberal negotiator, avoiding all retrospect, and looking forward .only to future arrange- ments of amity, lord Grenville chose to avail himself of t'he petty advantage he possessed, in pointing out the real or su pposcd inadequacy of the explanation to the terms of the decree : putting, moreover, a most harsh and un- warrantable 'invrprclaliou upon the explanation itself. cessaires pour poller secours a ccs pcuples, et defendre les citoyens qui auraient e"te vexi qu qui pbifrrafem Petr'e pour la cause dela liberte." ! i: : Jccn-e could n.'t, with any plausibility of construction, be supposed to" extend to hngland, which had repeatedly, and in the most fluttering terras, bet-n recognized,, both by the f overal assemblies and the executive Rov.ni'r.i'nt, as a free nation, particularly in the recent and admirable jenly ot "Le Bruu to the letter of lord Gowcr, notifying his recall. VOLUME IX. 21 Tie thought it expedient, also, to allude in the most invi- dious ntanncr, in this I of amicable ecclaticisseH meat, to the most iuvidm is pr< ■■erodings of the con vent ion — proceedings w ich hi knew that the executive council could not controui; and what is most of all extraordinary, h.s lordship declares, that England must not only consi- der the explanation, i: c. ihe disavowal of 1 rancoj as unsatisfactory, but as a fresh avowal of tiiose dispo- sitions wliich slie sees with so just an uneasiness and jea- lousy. The opening of the Seheld 'being a second-try consi- deration in the present state of things, it would have been far better to have passed it over in general terms, i\ serving the diplomatic discussion of right on this topic to a season of more leisure, and loiter temper. Instead or which, lord Grenville urges his argument respecting this matter at great leugth, and in language the most insulting. And he sums up the demands of England in a tone oi the most insufferable arrogance. " If France is really,' 1 says his lordship, i% desirous of maintaining fiienuship and peace with England, she must show herself disposed to re- nounce her views of aggression and aggrandizement, and to confine herself within her owri territory,' 1 6cc. Jf this means any thin-j;, it must import that France, in order to maintain friendship, or even to preserve peace, with England, must relinquish her conquests in the low countries, and elsewhere; a proposition too extravagant to become the topic of serious deliberation. It is true, that the naiioual assembly had established the renunciation of conquest as the basis of the now system ; but even that body of philosophical legislators, in their most romantic visions of political perfectibility, could never intend to jest rain the Erench nation, while war was actually raging, and France had been recently invaded, from avenging the injuries she had received, by carrying her arms into the territories of her enemies. And if France, by way of in- G 'J 22 APPENDIX. demnity for the past and security for the future, departed from her original purpose, by appropriating some of her conquests to her own use, this could not be a legitimate subject of complaint, since it had been the immemorial practice of all the established, regular, and approved governments in Europe. To require France alone to act upon a principle of perfect disinterestedness, while all other powers were at liberty to pursue their respective plans of ambition and aggrandizement, was rather too hard a condition ; and if England would not deign to grant her friendship to France but upon terms which would leave her completely to the mercy of her enemies, it is no wonder that France should decline the insidious favour. In the mean time, the violent party in France, fully possessed with the idea that a war with England must in- evitably take place, kept scarcely any measures in the convention in debating upon tins subject. But the leading characters in that assembly connected with the majority of the executive council, held very different and much more guarded language. On the 1st of January, 1793, M. Kersaint, a distinguished naval officer, who stood de- servedly high in the public esteem, delivered a very able speech in the convention, from which he deduces the ge- neral conclusion, " that they ought to be equally remote from the desire of provoking war, and from the fear of repelling an unjust aggression. The policy of Pitt," says this orator, u is to adopt the language of hostility, in or- der, by the apprehension of a maritime war, to compel the French to come to terms with their enemies by land, upon the basis of his mediation " Indignant at this idea, he launches out into a most eloquent display of the inex- haustible resources and invincible courage of France, vvhich time has, indeed, fully verified ; but of which, he truly says, Mr. Pitt entertained no conception. On the Ifyh January, 1$. Brissot, generally accounted VOLUME IX. 23 the head of the governing party in France, and from whom they derived the popular appellation of Brissotine, made a celebrated speech in the convention, on presenting his report from the united committees of foreign affairs, marine, and general defence. In this speech, after enume- rating the steps which had been taken by France to pre- serve amity with England, and the hostile measures re- cently adopted by that power, he affirms, " that, laying all circumstances together, it is difficult not to conclude, that the cabinet of St. James's, weary of its neutrality, is resolved to take an active part in the coalition which has sworn their ruin. The pride of that monarch, who has so long deplored the ignominy into which royalty has fallen, and from whose breast the event of the American war has not eradicated the fatal inclination of once more combating the spirit of freedom, enforces," he says, "this conviction on the mind. On the other hand, it is evident there exists no solid motive to induce the English minis- try to it. Those which are alleged are miserable chi- caneries; and it is impossible to deceive the English na- tion for any length of time, or to persuade her that she ought to expend millions to bar the navigation of the Scheld, or to obtain the explanation of a decree which has been already explained." He then advances divers argu- ments to prove that the finances of England are totally ex- hausted ; arguments no less futile and fallacious than those subsequently employed by Mr. Pitt, to prove France to be not merely on the verge, but in the gulf, of bankruptcy. In the general tenor of this famous report, there is nothing which can lead us to suppose that a war with England was a favourite objeet with M. Brissot : far from it. He seems perplexed at the sudden change which had taken place in the English councils, and inclined to believe that a war must, in consequence of that change, sooner or later unavoidably ensue. In the prospect of it, he endeavours to awaken all the ardour, the genius^ and p4 24 APPENDIX. the spirit of his countrymen, in order to animate them to engage in this unlooked-for and arduous contest ; and he indulges, or professes to indulge, — if forced to the trial — sanguine expectations of a favourable res nit from the seve- ral circumstances he expatiates upon : but that he was desirous to make the experiment, there exists no shadow of proof, no symptom of probability. On the 7th January, M. Le Brun, distrusting perhaps the temper of Chauvelin, wrote himself a dispatch, to be communicated to the British minister, lord Grenvillc, breathing throughout the true spirit of political wisdom ; and it was looked up to by the moderate party in France with fond and eager hope, as — like the American petition of Penn — the olive-branch of reconciliation, and like that, also, it was rejected in the very same spirit of haugh- tiness and infatuation. Perhaps pride and folly w r ere never carried to a greater height than in the reply of lord Grenville to this truly ad- mirable dispatch. " If this notification," says his lord- ship, " had been made to me under a regular and official form, I should have found myself under the necessity of replying," &c. Again ; " under this form of extra- communication I may yet be permitted to tell you," &c. In the very act of replying, therefore, this arrogant states- man presumes to insinuate, that M. Chauvelin, or rather the government of France, is not to consider his letter as an answer. The whole of the letter is such as might be expected from a politician, guilty, at the outset, of such. puerility and presumption. M, Le Brun, in his excellent memorial, justly consi- ders the dispute as reduced to two specific causes of com- plaint : the decree of November, with its attendant cir- cumstances ; and the navigation of the Schekl. And the English minister states, " that lie has found, in the paper remitted to him, nothing satisfactory as to these points," For, VOLUME IX. 25 First, " The declaration of mshmg to. intermeddle in the affairs of other countries, is there renewed ; no denial is made, or reparation offered, for the outrageous proceed- ings stated in his lordship's letter of December 3 1st." Thai the decree, in the meaning- ascribed to it by the court of London, was indefensible, is unquestionable ; but as the government of 1 ranee thought tit to put a friendly, even if it should appear a forced, construction upon it, that interpretation ought undoubtedly to have been admit- ted. When no act has been done, and when nothing but a supposed principle or general disposition is complained of, an express disavowal of such principle, and denial of such intention, ought to be accepted, because it is all that the case admits of. To lord Grenville's perverse and wilful misconstruction of the explanation, an admirable reply is- made ; and the examples of Henry J V. and queen Elizabeth, are happily adduced in illustration of the true moaning. But if a ca- villing negotiator, in the spirit of a chicaning attorney, will not allow the persons with whom he negotiates to un- derstand their own meaning, or explain their own decla- rations, what can any farther discussion avail ? If conti- nued, it must necessarily degenerate into disgusting and acrimonious altercation . As M. Le Brim took pains to shew that France did not understand the decree in a sense hostile to England, this proved the anxiety of the French government, that it should not be a cause of rupture between the two countries. To pursue the argument farther on the part of the English minister, was in fact to assume the disputatious province of a schoolman, and to resign altogether that of a states- man. As to the complaint, that no reparation ifi offered for the rash, and, to adopt lord Grenville's expression, a Outrage* ous proceedings" of the convention, it may be fairly asked what reparation the executive council had it in their power 26 APPENDIX. watch, and to float upon its surface, not in any one instance to alter or direct it& course. In the present crisis he had not energy of mind openly or publicly to oppose those frantic measures of alarm, which were carrying the nation with headlong vio»- lence into a' bloody and desperate war ; but he attempted VOLUME IX. 3p with secret and feeble efforts, ineffectually to counteract thrui. He had early inthe negotiation desired that M. Chau- velin might be superseded by M. Maret, whose temper and mode or' negotiating were more mild and flexible than those of M. Chauveliiij and with whom Mr. Pitt could hold more frequent and unrestrained intercourse ; but this the executive conned, fearing to o fiend the parly with which the ambassador was connected, thought proper to decline, although M. Le JBrun wrote the following dispatch with his own hand ; doubtless to obviate any ill effect appre- hended from M. Chauvelin's roughness and want of ad- dress. Three days, however, after the recall of M. Cliauvelin, the executive council sent M. Maret on a confidential mission to London, with fresh instructions of great mo- ment ; but the object of this mission was frustrated by the previous and hostile dismission of Cliauvelin. M. Du- mourier left Paris on the same day with M. Maret. In the mean time, as general Dumourier himself informs us, (Mem. vol. i. p. 128) l)e Maulde, a confidential agent of the executive council at the Hague, had been assured by lord Auckland, that the British cabinet would have no objection to negotiate with general Dumourier - r and that Mr. Pitt himself had made a declaration to the same pur- pose. The imbecility and incongruity of the British coun- cils arc placed in the most striking point of- view, when we reflect that precisely at this period (January 23), copies of the papers which had passed between lord Grenville and M. Cliauvelin, were laid before the States-general by lord Auckland, accompanied with a memorial of s>'ch a nature, that all the collections of diplomatic papers ever published, maybe safely challenged to furnish anything similar to it. Under the veil and pretence of being an of- ficial document, it contained a most furious and ranco- rous invective against the French revolution and its au- thors ; discovering a strange and total disregard to the d4 40 APPENDIX. dignify and decorum of the character and station of an ambassador. In this lunatic .state paper, the terms -^wretches," "miscreants," " villany," " atrocity,'' " infamous," &c. were used with as little reserve as if authorized by diplomatic prescription. On the arrival of general Dumourier in Flanders, he proposed, in consequence of the intimation given to De Mauide, a conference with lord Auckland at some place near the borders ; which proposal, as M. Dumourier tells us, was received by his lordship with the greatest pleasure, and he instantly, with the approbation of general Du- mourier, communicated the proposition to the grand pen- sionary Van Spiegel, who also consented to take part in the conference. His lordship dispatched three successive packet-boats to England, for the information of his court, and to obtain instructions. He said " the answer would soon arrive, and that it was by no means his design to amuse the general, or to delay his plans or preparations for the next campaign." It was decided, that as soon as lord Auckland received the answer from his court, that the conference should be held at the Moerdyke, on board the yacht of the prince of Orange. M. Dumourier, however, placed so little confidence in lord Auckland's professions, that he entertained strong sus- picions of an insidious design on the part of the English government. " On pourrait crire," says he, " que le ministre Pitt n'aurait voulu qu'amuser le general Du- mourier." In this conjecture, hooever, he was probably mistaken. The English government consented with the utmost facility to the proposed conference at the Moer- dyke, and formally authorized lord Auckland to treat with Dumourier. On the receipt of his instructions, lord Auckland dispatched a courier to the general, who was then at Antwerp, and proposed the 10th of February for holding the first conference. But this design was alto- gether suspended, by the declaration of war on the part of VOLUME IX. 41 France against Great Britain and Holland, on the 1st of that month. The executive council were apprized of the secret over- ture made to De Maulde before M. Dumourier's departure from Paris ; and this appears to have incited them to try the event of another effort, through the medium of M. Maret — not being very willing probably to transfer a business of this nature from civil to military hands. A difference'of opinion, however, arose on this occasion in the council, and M. Clavieres joined Monge and Pa'che, in thinking the mission useless and superfluous. But the opinion of M. Le Brun and Garat finally prevailed, and M. Maret was dispatched with great powers. But as it was requisite to keep M. Dumourier in good humour, he was told that M. Maret's mission was merely designed to precede and facilitate his. " On envoie," says the ge- neral in a letter to Miranda, " un agent secret fort connu de M. Pitt ; pour demander un sauf conduit pour moi, et I assurance d'etre bren venu," &c. And in his Me- moirs he tells us, i( II fut decide que Maret qui avaif deja fait plusieurs voyages es 4 Angleterre, y serait renvoye pour •avoir de M. Pitt, si reellement il souhaitait trailer person- nellement avec le general Dumourier." — Tom. i. p. 121. To attribute the merits of this last effort to preserve the peace of two great and powerful nations, to M. Du- mourier, in contradistinction to the executive council, is evidently absurd. It was a civil, and not a military transaction; and M. Dumourier could do nothing with- out the express sanction and authority of the council, who went indeed far greater lengths to attain the object in view, than his vanity would suffer him to suspect. For even when he wrote the account, as it appears in his Me- moirs, he was so ignorant of the extent and importance of M. Maret's mission, that he represents that able and excellent negotiator as merely sent to prepare the way for 42 APPENDIX. him* The stubborn fact , that new and voluntary con- cessions were made by the executive council, through the medium of M. Maret, is at all events indubitably ascer- tained by the positive testimony of Mr. Miles, to whom his instructions were confidentially communicated ; and if those concessions were so great as Mr.. Mile: frankly represents them to have been, they must have proved their own sincerity. lor the only great politic 1 ques ion really at issue was, what security the Fren h would giye for the restitution or relinquishment of the Netherlands at the sera of a general peace ; which, if England had been the mediator of it, would in all probability have been easily and speedily re-established. VI. It is triumphantly alleged, that the American go- vernment, which could not be suspected ofia bias in favour of Great Britain, had formally pronounced the war of France against England, to be an offensive war on the part of the former. The grand and laudable object of the government of America, and of every wise man of every political party in- cluded in that government, was to maintain an absolute neutrality between the two contending powers, and not to be drawn into a war with which she had no natural or poli- tical concern. But by the eleventh article of the treaty of alliance with Fiance, signed at Paris, February 1778, America agreed to guarantee for ever to that power, the actual possessions of France in the West Indies. It was therefore a matter of the utmost moment to America, in the present circumstances, to find out some plausible pretext to evade the inconvenience which might eventually result from this guarantee. The president, Washington, in consequence put several questions relative to the situation * Vide Memoirs of Dumourier, compared with the correspondence of Miles, and the documents cjuoted by Marsh, VOLUME IX. 43 of affairs, toliis council of state, for the guidance of his conduct in this emergency. To the two first questions, whether an ambassador from the Republic of France should be received ? And whether it were fitting that the treaties heretofore made with France should be considered binding in the present circumstances? the council an- swered in the affirmative. To the third question, Is the guarantee in the treaty of alliance applicable to a de- fensive war only ? they also answered affirmatively. And to the last question, whether the war was defensive or offensive ? they replied, " entirely and unequivo- cally offensive." This has been represented as a decision not liable to the slightest suspicion of partiality, and as in a manner dictated by the voice of justice herself. But though it will easily be admitted to be the verdict of a govern- ment which could not be suspected of a bias in favour of Great Britain, as they were not deciding upon an abstract proposition ; they may possibly by some persons be sus- pected of a bias in favour of themselves. France, however, perfectly sensible of the embarrassing situation of America, and resting satisfied with the concessions in her favour, contained in the two first answers, shewed no resentment at this verdict in favour of England, extorted by the ne- cessity of the case, and in a literal sense, justified by the French declaration of war against Great Britain, though not in the least affecting the real merits of the question, as the persons whose names are subscribed to the answers were much too enlightened not to know ; and which Mr. Jefferson, the then secretary of state, and now president elect, would, as there is good reason to believe, be the first to acknowledge. In consequence of these answers, a proclamation was immediately issued, declaring that the United State* would remain neutral towards all the powers at war. 44 APPENDIX. Such was the important and advantageous result of a de- cision which the deplorable blindness and bigotry of party, have represented as not liable to the slightest suspicion of partiality. MEMORIAL FROM M. CHAUVELIN, MINISTER OF FRANCE, TO LORD GRENVILLE, DECEMBER 27, 1792. The undersigned minister plenipotentiary of France, has the honour to communicate to lord Grenville, the in- structions which ht has received from the executive coun- cil ui the French republic, with orders to lay them before his Britannic majesty's secretary of state for the depart- ment of foreign affairs, in case he should think that he c>uld not speedily enough obtain an interview with the minister. The French government, by continuing since the re- call of lord Gower from Paris, to leave at London a mi- nister plenip /tentiary, thought they gave to his Britannic majesty an unequivocal proof -,of the desire they had to remain in good understanding with the British court, and to see all those clouds dissipated, to which events neces- saiy and inseparable from the internal government of France seemed then to give birth. The interests of the executive council of France toward England, have never ceased to be the same ; but they cannot see with indiffe- rence the puolic conduct which the British ministry ob- serve at present toward France. It is much to be regretted, that they have perceived in this conduct, an indisposi- tion which they still force themselves not to believe. They think it a duty, however, which they owe to the French nation, not to leave it much longer in that state of uncertainty into which it has been thrown by several VOLUME TX. 45 measures lately """adopted by the British government ; an Uncertainty in which the English nation m*ust share, and which must be equally unworthy of bdb. The executive council of the French republic have con- sequently authorized the minister of France at London, to demand with openness of the ministers of his Britannic majesty, whether France ought to consider England as a neutral or hostile power, and have particularly charged him to obtain on this point a definitive answer. But in demanding from the ministers of his Britannic majesty, an open and candid explanation of their intentions toward France, the executive council do not wish that the smallest doubt should exist respecting the disposition of Frar.ee toward England, and of its desire to remain at pace with it. They even wish to answer previously to all those re- proaches which may be thrown out against France, in order to justify England. Reilecting on the reasons which might determine his Britannic majesty to break with the French republic ; the executive council can see them only in a false interpretation given perhaps to the decree of the national convention, of November 19. If the British ministry are really alarmed by that decree, it can only be for want of comprehending the true meaning of it. The national convention never intended that the French republic should favour insurrections, and es- pouse the cause of a few seditious persons, or in a word, that it should endeavour to excite disturbance in any neu- tral or friendly country whatever. Such an idea would be rejected by the French nation. It cannot without in- justice, be imputed to the national convention. This de- cree then is applicable only to those people, who after having conquered their liberty, may request the frater- nity and assistance of the French republic, by a solemn 4(y APPENDIX. and unequivocal repression of the general will*. France? not only ought finS wishes to respect the indepenciencc- of England, but tharalso of its allies, Midi whom i! is not at war. The undersigned therefore 1ms been charged to declare form. illy, Hut Fiance will not attack Holland, while that power co^ncs itself on its part within the bounds of strict neutrality. The British government being thus assured respecting the two points, no pretence for the leas, difficulty can remain, but on the question of opening the Scheie! ; a question irrevocably decided by reason and justice, of little importance in itself, and on which the opinion of England, and perhaps even of Hoi* land, arc too well known, to render it difficult to make it seriously the sole cause of the war. Should the British ministry, however, embrace this last motive to induce them to declare war against France, would it not then be probable, that their private intention was to bring about a rupture at any rate, and to take the advantage at present of the most futile of all pretences, to colour an un- just aggression long ago meditated ? On this fatal supposition, which the executive council rejects, the undersigned would be authorized to support with energy the dignify of the French people ; and to de- clare with firmness, that a free and powerful nation will accept war, and repel with indignation an aggression so manifestly unjust, and so unprovoked on their part. When all these explanations, necessary to demonstrate the purity of the intentions of France, and when all peace* ful and conciliatory measures shall have been exhausted * Decree of the 1 9th November, is as follows: Seance du Lundi^ 19 iVovem&rr, 17D2. Leper.u:: propose, et la convention adopte la redaction suivante, " La convention xationalc declare au nom de la nation Franchise, qu'elle.ac- cordera fratcrnite et seccurs a tous les peuples qui voudront recouvrir leur liberte ; et charge le pouvoir executif de donner aux g^neraux les ordres ne- cessaires pour porter secours a ces peuples, et defecdre les citoyens qui auraient ete vexes ou qui pourraient letre pour la cause de la liberte." VOLUME IX. 4f by the French nation, it is evident that the whole weight and the whole responsibility of the war will, sooner or later, full upon those who have provoked it. Such a war would really be the war of the British ministry only against the French republic ; and should this truth appear for a moment doubtful, it would not, perhaps, be impos- sible for France to render it soon evident to a nation which, in giving its confi lencc, never renounced the exercise of reason, and its respect for justice and truth. Such are the instructions which the undersigned has received orders to communicate, officially to lord Gren* ville; inviting- him, as well as all the council of his Bri- tannic majesty, to weigh with the most serious attention the deliberations and demands which they contain. It is evident that the French nation desires to preserve peace with England. It proves this by endeavouring, with candour and openness, to remove every suspicion which so many passions and various prejudices are continually labouring to excite against it ; but the more it shall have done to convince all Europe of the purity of its views, and the rectitude of its intentions, the greater right it will have to a claim of being no longer misunderstood. The undersigned has orders to demand a written answer to the present note. He hopes that the ministers of his Britannic majesty will be induced, by the explanations which it contains, to adopt ideas favourable to a good understanding between the two nations ; and will have no occasion, in order to return to them, to consider the ter- rible responsibility of a declaration of war, which would incontestably be their work, the consequences of which could be only fatal to both countries, and to all mankind, and in which a generous and free people could not long consent to betray their own interests, by serving to assist and support a tyrannical coalition. (Signed) * CHAUVELItf- 4i . APPENDIX. LORD GRENVILLE'S ANSWER, dec. 31, 1792. sir, Whitehall. 1 have received from you a note, in which, styling yourself minister plenipotentiary of France, you commu- nicate to me, as the king's secretary of state, the instruc- tions which you state to have yourself received from the executive council of the French republic. You are not ignorant that, since the unhappy events of the 10th of August, the king has thought proper to suspend all official communication with France. You are yourself no other- wise accredited to the king than in the name of his most Christian majesty. The proposition of receiving a mini- ster accredited by any other authority or power in France, would be a new question, which, whenever it should oc- cur, the king would have the right to decide according to the interests of his subjects, his own dignity, and the re- gard which he owes to his allies, and to the general system of Europe. 1 am therefore to inform you, sir, in express and formal terms, that I acknowledge you in no other public character than that of minister from his most Christian majesty ; and that, consequently, you cannot be admitted to treat with the king's ministers in the qua- lity, and under the form, stated in your note. But observing that you have entered into explanations of some of the circumstances which have given to England such strong grounds of uneasiness and jealousy, and that you speak of these explanations as being of a nature to bring our two countries nearer, I have been unwilling to convey to you the notification stated above, without at the same time explaining myself clearly and distinctly on the subject of what you have communicated to me, though under a form which is neither regular nor ouiaal. VOLUME IX. 4g Your explanations arc confined to three points : The first is that of the decree of the national convention of the 19th of November, in the expressions of which, all England saw the formal declaration of a design to ex- tend universally the new principles of government adopted in France, and to encourage disorder and revolt in all countries, even those which are neutral. If this interpre- tation, which you represent as injurious to the convention, could admit of any doubt, it is but too well justified by the conduct of the convention itself. And the applica- tion of these principles to the king's dominions has been shewn unequivocally, by the public reception given to the promoters of sedition in this country, and by the speeches made to them precisely at the time of this decree, and since on several different occasions. Yet notwithstanding all these proofs, supported by other circumstances which are but too notorious, it would have been with pleasure that we should have seen here such explanations, and such a conduct, as would have sa- tisfied the dignity and honour of England with respect to what has already passed, and would have offered a suffi- cient security in future, for the maintenance of that re- spect towards the rights, the government, and the tran- quillity of neutral powers, which they have on every ac- count the right to expect. Neither this satisfaction nor this security is found in the terms of an explanation, which still declares to the promoters of sedition in every country, what are the cases in whicli they may count before-hand on the support and succour of France; and which reserves to that country the right of mixing herself in our internal affairs whenever she shall judge it proper; and on principles incompatible with the political institutions of all the countries of Eu- rope. No one can avoid perceiving how much a decla- ration like this is calculated to enco-irage disorder and re- volt in every country. No one can be ignorant, how cou- APPEXD. VOL. IX. E 50 APPENDIX. trary it is to the respect which is reciprocally due from in- dependent nations, nor how repugnant to those principles which 'the king has followed on his part, bj' forbearing art all times from an}- interference whatever in the internal affairs of France. And this contrast is alone sufficient to shew, not only that England cannot consider such an explanation as satisfactory, but that she must look upon it as a fresh avowal of those dispositions which she sees with so just an uneasiness and jealousy. I proceed to the two other points of your explanation, Which concern the general dispositions of France with re- gard to the allies of Great Britain, and the conduct of the convention and its officers relative to the Scheld. The declaration which you there make, u that France will not attack Holland so long as that power shall observe an exact neutrality," is conceived nearly in the same terms with that which you were charged to make in the name of his most Christian majesty in the montli of June last. Since that first declaration was made, an officer, stating himself to be employed in the service of France, has openly violated both the territory and the neutrality of tlic repub- lic, ingoing up the Scheld to attack the citadel of Ant- werp, notwithstanding the determination of the government not to grant this passage, and the formal protest by which they opposed it. Since the same declaration was made, the convention has thought itself authorized to annul the rights of the republic, exercised within the limits of its own territory, and enjoyed by virtue of the same treaties by which her independence is secured. And at the very moment when, under the name of an amicable explana- tion, you renew to me in the same terms, the promise of respecting the independence and the rights of England and her allies ; yon announce to me that those in whose name you speak, intend to maintain these open and injuria ous aggressions. It is not certainly on such a declaration as this, tiiat any VOLUME ]X. 51 reliance can be placed for the continuance of public tran- quillity. But I am unwilling to leave without a more particular reply, what you say on the subject of the Scheld. If it were true, that this question is in itself of little impor- tance, this would only serve to prove more clearly, that it was brought forward only for the purpose of insulting' the allies of England, by the infraction of their neutra- lity, aud by the violation of their rights, which the faith of treaties obliges us to maintain. But you cannot be igno- rant, that here the utmost importance is attached to those principles which France wishes to establish by this pro- ceeding, and to those consequences which would natu- rally result from them ; and that not only those principles and those consequences will never be admitted by England, but that she is, and ever will be, ready to oppose them with all her force. France can have no right to annul the stipulations rela- tive to the Scheld, unless she have also the right to set aside equally all the other treaties between all the powers of Eu- rope, and all the other rights of England, or of her allies. She can even have no pretence to interfere in the question of opening the Scheld, unless she were the sovereign of the low countries, or had the right to dictate laws to all Europe. England never will consent, that France shall arrogate the power of annulling at her pleasure, and under pre- tence of a pretended natural right, of which she makes her- self the only judge, the political system of Europe esta- blished by solemn treaties and guaranteed by the consent of all the powers. This government, adhering to the maxims which ;it has followed for more than a century, will also never see with indifference, that France shall make herself cither directly or indirectly sovereign of the low countries, or general arbitrcss of the rights and liber- ties of Europe. If France is really desirous of maintain- 52 APPENDIX. ing friendship and peace with England; she must shew. herself -disposed to renounce her views of aggression and. ridizeinent, and to confine herself within her own territory, without insulting other governments, without disturbing their tranquillity* without violating their rights. With respect to that character of ill-will which is en- deavoured to be found in the conduct of England toward France, 1 cannot discuss it, because you speak of it in general terms only, without alleging a single fact. All Europe has seen the justice and the generosity which have characterized the conduct of the king. His majesty has always been desirous of peace ; he desires it still ; but such as may be real and solid, the consistent with the interests and dignity of his own dominions, and with the general security of Europe. On the rest of your paper I say nothing. As to what relates to me and my colleagues, and king's ministers owe_to his majesty the account of their conduct; and 1 have no answer to give to you on this subject, any more than on that of the appeal which you propose to make to the English nation. This nation, according to that constitution by which its liberty and its prosperity are secured, and which it will always be able to defend against every attack, direct or indirect, will never have with foreign powers, connexion or correspondence ex- cept through the organ of its king ; of a king whom it loves and reveres, and who has never for an instant se- parated his rights, his interests, and his happiness, from the righis and interests, and the happiness of his people. G RENVILLE. VOLUME IX. *& OFFICIAL NOTE OF THE EXECUTIVE COUNCIL OF FRANCE, IN REPLY TO THE PRECEDING, JANUARY 7, 1793. The provisional executive council of the French re- public, before they reply more particularly to each of the points comprehended in the note remitted to them on the part of the minister of his Britannic majesty ? will begin by repeating to that minister, the most express assurances of their sincere desire to maintain peace and harmony be- tween France and England. The sentiments of the French nation toward the English, have been manifested during the whole course of the revolution, in so constant, so unanimous a manner, that there cannot remain the smallest doubt of the esteem which it vows to them, and of its desire to have them for friends. It is then with great reluctance, that the republic would see itself forced to a rupture, much more contrary to its inclination than to its interest. Before it proceeds to such a disagreeable extremity, explanations are necessary ; and the object of them is so highly important, that the ex- ecutive council have not thought that they could entrust them to a secret agent, always to be disavowed. For this reason they have thought proper, under every point of view, to entrust them to citizen Chauvelin, though he is not accredited to his Britannic majesty but from the late king. The opinion of the executive council on this occasion;, is justified by the manner in which our negotiations are at the same time carried on in Spain, wnere citizen llour- goign was exactly in the same situation as citizen Chau- velin at London : which, however, has not prevented the minister of the Catholic king from treating with him on a convention of neutrality, the ratification of which e 3 54 APPENDIX. is to be exchanged at Paris between the minister for fo- reign affairs and the charge des affaires of Spain. We will even add, that the principal minister of his Catholic majesty, when writing officially on this subject to citizen Bourgoign, did not^forget to give him his title of minister plenipotentiary of France. The example of a^ov/er of the first rank, such as Spain, might have induced the ex- ecutive council to hope that we should have found the same facility at London. The executive council, how- ever, readily acknowledge that this negotiation has not been demanded according to diplomatic strictness, and that the citizen Chauvelin is not formally enough autho- rized. To remove entirely this obstacle, and that they may not have to reproach themselves with having stopt by a simple defect in form, a negotiation on the success of which depends the tranquillity of two great nations ; they have sent to citizen Chauvelin credential letters, which will give him the means of treating according to all the severity of diplomatic forms. To proceed now to the three points which can alone form an object of difficulty with the court of London ; the executive council observe on the first, that is to say, the decree of November 19, that we have been misun- derstood by the ministers of his Britannic majesty, when they accuse us of having given an explanation which an- nounces to the seditious of all nations, what are the cases in which they may depend before-hand on the succour and support of France. Nothing can be more foreign to the sentiments of the national convention, and to this explana- tion which we have given, than this reproach ; and we did not think it was possible that the open design of favouring seditious persons, could be imputed to us at a moment even when we declared, " that it would be doing an injury to the national convention, to ascribe to them the plan of protecting insurrections and seditious commotions volumf: ix. 55 which might arise in any state ; of aRsoeiaUng Midi the authors of them, and thus of making the cause of a t\:\\ individuals that of the French nation." AVe have said, and \vc clioose to repeat it, that the de- cree of November 99 5 could not be applicable, but to the single case where the general will of a nation, clearly and unequivocally expressed, should call for the assistance and fraternity of the French nation. Sedition can cer- tainly never exist where there is an expression of the ge- neral will ; these two ideas mutually exclude each other. For sedition is, and can only be a commotion of a small number against the majority of a nation ; and this com- motion would cease to be seditious, if all the members of a society should arise at once, either to correct their go- vernment, to change its form entirely, or to accomplish any other object. The Dutch were certainly not seditious when they formed the generous resolution of throwing off the Spanish yoke, and when the general will of that nation called on the assistance of France. It was not accounted a crime to Henry IV. nor to queen Elizabeth, that they listened to them. A knowledge of the general will is the only basis of transactions between nations ; and we cannot treat with any government, but because that government is sup- posed to be the organ of the general will of the nation to which it belongs. When by this natural interpretation, therefore, the decree of November I9j is reduced to its real signification, it will be found, that it announces nothing more than an account of the general will above all contest, and so founded in right, that it was not worth while to ex- press it. For this reason, the executive council think that the evidence of this right might have perhaps ren- dered it unnecessary for the national convention to make it the object of a particular decree ; but with the preceding interpretation, it cannot give offence to any nation. E i 5(5 APPENDIX. It appears that (he ministers of his Britannic majesty have made no objections under the .declaration respecting Holland, since their only observation on the subject re- lates to the discussion concerning the Scheld. It is on this last point therefore that we have to make ourselves understood. We here repeat, that this question itself is of little im- portance. The British ministers thence conclude, that it is, therefore more evident that it has been brought forward only for the purpose of insulting the allies of England. We reply with much less warmth and prejudice, that this question is absolutely indifferent to England ; that it is little interesting to Holland, but that it is of the utmost importance to the Belgians. That it is indifferent to England, does not even require to be proved. It is little interesting to Holland, since the productions of the Belgic provinces can be conveyed through the canals which end at Ostend. But it is of great importance for the Bel- gians, on account of the numerous advantages which they may derive from the port of Antwerp. It is therefore on account of this importance to restore to the Belgians the enjoyment of a valuable right, and not to offend any one, that France has declared that it is ready to support them in the exercise of so legal a right. But is France authorized to break stipulations which oppose the opening of the Schelcl ? If Ave consult the right of nature, and not of nations, not only France, but, all the nations of Europe, are authorized to break them. No doubt can remain on this point. If public right is consulted, '.\esay that it ought never to be but the application of the principles of the general righl of nations to the particular circumstances in which nations may be in respect to each other : *>o fit at every private treaty which might violate these principles could never be considered but. as the work of violence. We will next add, that in regard to the Scheld, the treaty was VOLUME IX. 57 concluded without the participation of the Belgians. The emperor, to secure the possession of the Netherlands, sacrificed without scruple the most inviolable of rights. Being master of these beautiful provinces, he gOverhed them, as Europe has seen, with a rod of absolute despo- tism, respectrd none of their privileges but those which were of importance for him to preserve, and continually attacked or destroyed the rest. France entering into' a war with the house of Austria, expels it from the low countries, aud restores liberty to those people whom the court of Vienna had devoted to slavery. Their elm ins are broken : they are restored to all those rights which the house of Austria had taken from them. How can that right which they had over the Scheld be excepted, espe- cially when it is of real importance only to those who were deprived of it ? In short, France has too good a profes- sion of political faith to make, to be afraid of avowing its principles. The executive council declares then, not that it may appear to yield to some expressions of threat- ening language, but. only to render homage to truth, that the French republic does not mean to establish itself an universal arbiter of the treaties which bind nations toge- ther. It equally knows to respect other governments, and to take care that it may make its own respected. It does not wish to give law to any one, audit will never suffer any one to give laws to it. It has renounced, and still re- nounces all conquest; and its occupying the Netherlands will continue no longer than the war, and during that ""time which may be necessary for the Belgians to secure and consolidate their liberty ; ajfter which " s pr6vi(le<3 they be independent or happy, France will be sufficiently re- warded. When that nation shall find itself in ttic full possession of its liberty, and when its general will may be declared legally and unfettered, then if England and Holland still affix any importance to the opening of the Scheld, the ,-58 APPENDIX. executive council will leave that affair to a direct nego- tiation with (he Belgians. If the Belgians, through any motive whatever, shall consent to deprive themselves of the navigation of the Scheie!, France will not oppose it. It will respect their independence even in their errors. After so free a declaration, which manifests the present designs of peace, the ministers of his Britannic majesty ought to entertain no doubt respecting the intentions of France. But if these explanations appear to them in- sufficient, and if we are still obliged to hear the language of haughtiness, and if hostile preparations are continued in the ports of England, after having done every thing in our power to maintain peace, we will prepare for war, conscious at least of the justice of our cause, and of the efforts we have made to avoid that extremity. We shall combat with regret the English, whom we esteem, but we shall combat them without fear. LE BRU.V. REPLY OF LORD GRENVILLE TO THE OFFICIAL NOTE OF THE EXECUTIVE COUNCIL OF FRANCE, ADDRESSED TO M. CHAUVELIN, JANUARY 18, 1793. Whitehall. I have examined, sir, with the utmost attention, the paper you remitted to rne on the 13th of this month. I cannot help remarking that I have found nothing satisfac- tory in the result of it. The explanations which it con- tains, are nearly reduced to the same points which I have already replied to at length. The declaration of wishing to intermeddle with the affairs of other countries, is therein renewed. No denial is made, nor reparation offered, for the outrageous proceedings I stated to you in my letter VOLUME IX. 59 of December 31, and the right oi' infringing treaties and violating the rights of our allies is still maintained, by solely offering an illusory negotiation upon this subject, which is put off, as well as the evacuation of the low countries by the French armies, to the indefinite term, not only of the conclusion of the war, but likewise of the consolidation of what is called the liberty of the Bel- gians. It is added, that if these explanations appear insuffi- cient to us ; if you should be again obliged to hear a haughty tone of language ; if hostile preparations should continue in the ports of England, after having tried every effort to preserve peace, you will then make dispo- sitions for war. If this notification, or that relative to the treaty of commerce, had been made to me under a regular or offi- cial form, I should have found myself under the necessity of replying to it, that to threaten Great Britain with a declaration of war because she judged it expedient to augment her forces, and also to declare that a solemn treaty should be broken, because England adopted for her own safety such precautions as already exist in France, would only be considered, both the one and the other, as new grounds of offence, which, as long as they should subsist, would prove a bar to every kind of negotiation. Under this form of extra-official communication, I think 1 may yet be permitted to tell you, not in a tone of haughtiness, but of firmness, that these explanations are not considered sufficient, and that all the motives which gave rise to the preparations, still continue. These motives are already known to you by my letter of Decern-. ber 31, in which I marked in precise terms, what those dispositions were which could alone maintain peace and a good understanding. I do not see that it can be useful to the object of conciliation to enter into a discussion with you on separate points under the present circumstances, 60 APPENDIX. as I have already acquainted you with my opinion con- cerning them. If you have any explanations to give me under the same extra-official form, which will em- brace all the objects contained in my letter of the 31st December, as well as all the points which relate to the present crisis with England, her allies, and the general system of Europe, I shall willingly attend to them. 1 think it however my duty to inform you in the most positive terms, in answer to what you tell me on the sub- ject of our preparations, that under the present circum- stances, all those measures will be continued, which may. be judged necessary to place us in a state of protecting the safety, tranquillity, and the rights of this country, as well as to guarantee those of our allies ; and to set up a barrier to those views of ambition and aggrandizement, dangerous at all times to the rest of Europe, but which become still more so, being supported by the propagation of princi- ples destructive of all social order. GEENVILLE. LETTER FROM LORD GRENVILLETO M. CHAUVELIN, ON REFUSING TO RECEIVE HIS LETTE7;S OF CREDENCE I' ROM TUB FRENCH REPUBLIC, JANUARY 20, 1793. SIR, I have received your letter of the 17th instant. 1 have already apprized you that his majesty has reserved to himself the right of deciding according to his judg- ment upon the. two questions of acknowledging a new form of government in France, and ©f receiving a mi- nister accredited on the part of some olher authority in France than that of his most Christian nrnesty. In answer to the demand you now make, whether his majesty will receive your new letters of credence, I have to inform VOLUME IX. 0| you, that under the present circumstances, his majesty does not think proper to receive them. The request you make of me, is equally incompatible with the form of an extra-official communication, and that character in which you have hitherto been known as minister of his most Christian majesty. . , Nothing then remains for me to say relative to the sub- ject of your former letter, particularly after what has just happened in France, than to inform you, that as an agent charged with a confidential communication, you ought certainly to have attended to the necessary measures taken by us to secure your letters and couriers — that as mi- nister of his most Christian majesty you would have en- joyed all those exemptions which the law affords to pub- lic ministers properly acknowledged as such ; but that as an individual, you can only be considered among the general mass of foreigners resident in England. GRENVILLE, LETTER FROM LORD GRENVILLE TO M. CHAUVELUNT, ORDERING HIS IMMEDIATE DEPARTURE FROM THE REALM, JANUARY 24, 1793. I am charged to notify to you, sir, that the charac- ter with which you had been invested at this court, and the functions of which have been so long suspended, being now entirely terminated, by the fatal death of his most Christian majesty, you have no longer any public charac- ter here. The king can no longer, after such an event, per- mit your residence here. His majesty has thought fit to order, that you should retire from this kingdom within the term ofeight days; and I herewith transmit to you a copy of the order, which his majesty in his privy council has given to this effect. 62 APPENDIX. I send yon a passport for yourself and your suite ; and I shall not fail to take all the other necessary steps, in Order that you may return to France with all the atten- tions which are due to the character of minister plenipo- tentiary from his most Christian majesty, which you have exercised at this court. GRENVILLE. The foregoing celebrated correspondence affords very wide scope for animadversion. In the first of this series of letters, M Chauvelin, irt language very pointed, and somewhat peremptory, de« sires of the British minister, an open and candid explana- tion of the dispositions of England towards France, and whether the latter is to regard the former as a neutral or liostile power. He anticipates the objections which might be made relative to the conduct of France, and endeavours in an elaborate manner to obviate them. First, as to the decree of the ISlh November, lie declares that it is not applicable to neutral or friendly nations, and that France ought and wishes to respect the independence of England and her allies. Second///, M. Chauvelin represents the opening of the Sclield as a matter reasonable indeed in itself, though of trivial importance, and such as cannot be seriously made the sole cause of war — plainly intimating, that an adjust- ment of tli is dispute might easily take place, if the spirit of amity prevailed between the two nations. lie finishes, with warning the British cabinet to consi- der the terrible responsibility of engaging the British na- tion in a war upon pretexts so frivolous ; and insinuates that an appeal from the ministers to the people, might be attended with dangerous consequences to the former. Lord Grenville begins his reply, with denying in the rudest manner, the right of M. Chauvelin to the style he assumed, as minister plenipotentiary of France. He dis- VOLUME IX. 63 dainfully refuses to accept of M. Chauvelin's disavowal of the injurious construction put upon the decree of No- vember, which he asserts to have been unequivocally con- firmed by the conduct of the convention. He insists at large upon the aggression of France in the opening of the Scheld, and declares that France, now in actual possession of the low countries, Liege, a great part of the Palatine, and Savoy, in order to preserve peace with England, must confine herself to the limits of her own territory. The answer to this letter by M. Le Brun, in the name of the executive council of France, is eminently mild and temperate. He observes, that the court of Spain did not refuse the title of minister plenipotentiary of France to citizen Burgoign, then resident at Madrid. He offers new credentials from the executive council. He again, and in the most positive terms, disavows the offensive meaning ascribed to the decree of November, and explains it in a manner the most respectful and satisfactory. He repeats, that the question of the Scheld is too unimportant and un- interesting to be the cause of war between the two nations, and declares that France will leave the affair to a direct negotiation with the Belgians. He affirms that France Las renounced and still renounces all conquest ; and that its occupancy of the Netherlands will continue no longer than the war, and during that time which may be neces- sary for the Belgians to secure and consolidate their liberty. These are the leading points touched upon in this cor- respondence, and these the concessions made by France to England in order to maintain the relations of peace and amity between the two countries. In answer to which, lord Grenville transmitted to M. Chauvelin a second let- ter, which, if really written with pacific intentions, and with a view to conciliation, may be justly regarded as the most extraordinary production to be found in the diplomatic annals of Europe. For minds capable of re- 64 APPENDIX. flection it will be a melancholy indeed, but not an unin* sfructive lesson, to analyse Ihe contents of it, and while thus employed, they will regret with the great chancellor Oxenstierna, to see " by how small a portion of wisdom the world is governed." The British minister sets out with declaring, " that he lias examined with the utmost attention the p:iper remitted to him, and that be has found nothing satisfactory in the result of it." " The declaration," he asserts, " of wish- ing to intermeddle with the affairs of other countries, is there renewed." But ceriniuly the wish to intermeddle with the affairs of neutral or friendly countries, is expressly denied: and no other wish, or intention rather, of inter- meddling with the affairs of other nations is avowed, than such as Henry IV. of France and queen Elizabeth gave examples of. If this explanation was unsatisfactory, what explanation would or could afford satisfaction r Lord Grenville proceeds to complain, " that no denial is made, nor reparation offered for the outrageous proceed- ings stated in his letter of the 31st December." This mu^t indeed be admitted. No denial could be made, for the charge was true; no reparation could b^ offered, for the executive council had it not in their power to make any. The conduct of the convention was doubtless insulting to the dignity of the king of England. But the insults al- luded to were those of a tumultuous and anarchic assem- bly, exasperated by previous provocation ; an assembly under no confiou! of law, and regardless of the common restraints of decorum. In these circumstances, which rendered it morally and politically certain that no repara- tion could by any means be obtained, the dignity of the king had been best consulted by avoiding all mention of the offence, or passing it over, if this high and lofty minister had so pleased, as too contemptible for notice Supposing all the essential points in dispute conceded, surely the offended dignity of the king was no just cause VOLUME IX. &> of war. If amity were restored between the two countries, it would effectually preclude all affronts of this nature in, future, and it required but a slender share of magnanimity in present circumstances, to consign them to perpetual obli- vion. Lord Grenville farther says, u that the right of infring- ing treaties, and violating the rights of our allies, is still maintained by solely offering an illusory negotiation upon this subject, which is put'oif, as well as the evacuation of the low countries by the French armies, to the indefinite term not only of the conclusion of the war, but likewise of the consolidation of what is called the liberty of the Belgians." But this is a most unfair and fallacious state- ment of the question. The right, speaking in the ab- stract, of infringing treaties, is. not maintained by the French executive council ; but merely the justice of su per- seding a single regulation in a particular treaty, on the ground of its being a violation of natural right. This in doubtless a dangerous and inadmissible pretension ; but it was in tact given up when the council professed their wil- lingness to leave the negotiation wholly with the Belgians. The excessive alarm an:l resentment ostensibly excited at the court of London by this claim, must, however, ap- pear very problematic, when it was notorious ! that the YL'ry same pretension publicly advanced a few years since by the emperor Joseph, met with no opposition whatever from England ; nay, it was very generally understood that it received from the British cabinet, Holland being then in alliance with France, and the object of jealousy and dislike to England, strong though secret encourage- ment. But a much more important concession than this relat- ing to the Scheld, immediately follows. France well knew that the grand obstacle to peace with England, sO far as her counsels were guided by policy, and not by pride or passion, was the apprehension entertained of the append, vol.. IX. w 66 APPENDIX. annexation of the low Countries to the territory of the rt** public, an object extremely tempting to so ambitious and powerful a nation, and which Great Britain had exerted herself for a century and a half with ardour and success to prevent. She declares that her occupation of the Ne- therlands will continue no longer than the war, and dur- ing that time which may be necessary for the consolidation, of the Belgic liberty. The moment this great concession was offered j the chief, or rather the sole end of the negotia- tion, if proceeding from a wise and sound policy, was at- tained ; and it only remained to inquire by what means England could be assured that such concession should be carried into effect. Lord Grenville says, that only an illusory negotiation was offered. But what right had lord Grenville, or could any man have, to style the negotiation illusory before it commenced ? If these concessions had been accepted as a basis of amicable accommodation, various modes might have been devised for the satisfaction of England, in order to enforce the execution of them* But to reject all negotiation as necessarily illusory, with- out assigning a single reason in proof of such necessity, is a mode of proceeding which requires a foresight and saga-* city more than human to justify. Mi Le Brun proceeds to say, that if ihc explanations and concessions offered by the executive government of France, are deemed insufficient iC i. c. insufficient doubt- less to serve as a foundation for amicable discussion ;" if the same haughty tone of language should be again heard, and the hostile preparations of England are continued — if, in fine, all their efforts to preserve peace should be tried in vain, they will then make dispositions for war." Iiow indeed is it possible that in the case here stated, the executive council could do otherwise ? Nevertheless, lord Grenville, in the most provoking spirit of perversencss, in- terprets these expressions into a new ground of offence, and an insuperable bar to negotiation; and he explicitly de- clares the explanations to be insufficient. VOLUME IX. 6; It appeared, notwithstanding, that there was still a way open to accommodation, evteri under what his lordship was pleased to style " this form of extra-official communi- cation;" for though the letter to which his lordship re- plies, was written by the minister of foreign affairs, in the name of the executive council, it is repeatedly and insult- ingly affirmed by him to be " neither regular nor official," an Objection befitting a master of the ceremonies rather than a statesman, on whose discretion the welfare of na» tions depended i Under this form, however, his lordship announces that the way is still open for the restoration of peace. " In his letter of December 31, he marked," as he reminds M. Chauvelin, " in specific terms, what those dispositions were, which could alone maintain peace and a good un- derstanding." By referring to this letter, We find that France, amongst other conditions, is peremptorily required " to confine herself within her own territory" — so thataS a preliminary to negotiation with England, that high- spirited and powerful nation was imperiously called upon to relinquish all her conquests, while war was Still raging On the continent, and a most formidable confederacy still subsisted, threatening the very existence of the republic. A demand so extravagant, so unjust, so unlikely, or lather impossible to be complied with, was never made ; a more preposterous one never will or can be made by any nation calling itself neutral 5 and professedly endeavouring to terminate her differences amicably with another. Lord Grenvillc concludes with a most unaccountable and unintelligible assertion — " that he docs not see that it can be useful to the object of conciliation, to enter into a discussion with M. Chauvelin on separate points, under the present circumstances, he having already acquainted him with his opinion concerning them." Can so bold a paradox be hazarded, as that the concessions of Fiance on the distinct and separate points in dispute, deserved 1 2 OS APPENDIX. Dot even to be discussed after the British minister had puce givei) his qpiniop ? Or that such discussion, sup- posing it conducted in the spirit of candour, couid not in any degree conduce to the object of conciliation ? To decline the discussion of separate and specific points of difference, and to invite so vague and vast an investi- gation as would be necessary to comprehend " all the points which relate to the general system of Europe," is so clearly inimical to the genuine spirit of conciliation, and practical accommodation, that it requires very great faith, not to say credulity, to believe that peace was really the object in view* Still, and beyond all reasonable expectation, a farther effort was made by the French minister to continue the ne- gotiation; but his letters of credence from the executive council being refused with the most pointed insolence and disdain, and he himself being, on the intelligence of the death of the king of France, ordered forthwith to depart the kingdom, the convention, though it was known that M. Ma ret had been dispatched on a frc.->h mission to England, concluding that the court of London would accept of no concession, terminated the discussion by a declaration of war against Great Britain and Holland, February 1, 1793. ON THE CHARACTER AND CONDUCT OF LOUIS XVI. KING OF FRANCE, SUBSEQUENT TO THE RE VOL UTIO X . A. D. 17S9. Tin. sincerity of the late king of France, and the reality of his attachment to the constitution established, A. D. J79J, have been frequent and serious topics of dis- csi'.sion; and there are many persons so partially indul VOLUME IX. o'o gent, or so imperfectly informed, as to imagine that this unfortunate monarch was chargeable with no violation of good faith and integrity during the last eventful years of his life. But on a dispassionate investigation of facts, it will appear that the dissimulation of the king was uni- form and systematic^ from the period of his assembling the states-general to ihe clay of his dethronement. Truth fesacred, justice is of universal obligation, and in treat- ing of the tremendous topic of the French revolution, there is surely no necessity to heighten the deep and som- bre tints of the picture. Although every art and even- eiTort had been tried on the part of the court to prevent the meeting of the states- general, the king of France in his opening speech (ftiaj'' 5, 1789), assumed the merit of convening that assembly from the purest motives of patriotism and goodwill ; and he congratulated them " on the arrival o! the day which he had long panted to see." But M. Berirand de Mole- ville, who filled for some months during the years 1791 and 1792, the office of minister of marine, and was known to be in the highest confidence of the king, speaks in his Memoirs a language widely different. " Because," says he, ** the states-general produced the most execrable revolution that ever existed, is it Louis we ought to ac- cuse ? No one is ignorant, that, it was not in his power to refuse assembling the slates-general. He was forced to it not only by the universal cry of the kingdom, but by the deplorable imprudence of the parliaments, in decla ring- that they did not represent the nation ; and that they would no longer usurp a right which conscience and honour compelled them to relinquish. The rash and violent pro- ceedings of the archbishop of Toulouse, had been attended with consequences which struck the court with consterna- tion, and in adopting the conciliatory line of conduct re- commended by M. Necker, the monarch was influenced by no other motive than fear. " Louis XVL," says ano- t3 70 APPENDIX. tJier writer of undoubted information and authority on this head, " assailed on every quarter, appointed the opening, of the states for the 1st of May, 17S9, and yielding at last, but top late, to the -wishes of the irritated nation, he suspended the tribunal of the plenary court till the open- ing of the states-general should take place, though it was impossible it ever could have been organized. The king issued a decree, stating, that he would lodge in the hand of the nation the whole of its rights and privileges, and that it was his earnest desire to connect himself in closer bonds with his subjects. Very little regard was paid to a sacrifice extorted by force and discontents"*." After the convention of estates had actually taken place, the king evidently wavered between opposite counsels ; his understanding being too. circumscribed to allow him, Jong to follow any consistent and uniform system of ac- tion. The famous royal declaration of the 23d of June, 17S9, was originally drawn by M. Necker, but alterations so material were subsequently engrafted upon it by the secret adyisers of the crown, that he no longer acknow- ledged it as his; refusing even to attend the king upon this occasion to the assembly. 1st, The declaration, in its original state, did not pretend to annul the resolution by which the tiers etat announced itself to be the national assembly ; but on the contrary, it authorized the assembly during the present session tq vote individually. 2d/j/, The plan of M. Necker contained an article, which declared that the citizens of every class should be admitted equally to all offices, without any other distinction than that of abilities and virtues ; a concession which at once overthrew all the ancient and odious aristocratic privileges. odly, By an article of M. Necker's plan, the assembly yoiing individually, was empowered to regulate the orga* * Soulavit's Memoir^, vol. iii. p. 34. VOLUME IX. 71 nization of all future assemblies of the states-genera! : the spirit of the declaration therefore in its Original state, •was entirely in favour of the tiers etat, who would have been highly gratified at this critical moment, by suck gracious and open manifestations of the royal countenance and protection. And the specific propositions of the king, consisting of thirty-five articles as they came from the hands of M. Necker, might easily have been modified- and reduced to a regular system. But the haughty and peremptory maimer in which the tiers el at were com- manded to rescind the decisive step they had just taken, totally counteracted every good effect the declaration was otherwise calculated to produce. The king even ventured to throw out an indirect me- nace of dissolving the assembly, in case of disobedience. u Vousvenez messieurs," said he, " d'entendre le resultat de mes dispositions et de mes vucs. Elles sont conformes au vif desir que j'ai d'operer le bieu public ; et si par une fatalite loin de ma pensee vous m'abandonniez dans une si belle enterprise, seul je me considerai comme leur veritable representant ; et connoissant vos cahiers, con- noissant l'accord parfait qui existe entre le vocu le plus general de la nation, et mes intentions bienfaisantes, j ? aurai toute la confiance qui doit inspirer une si rare har- monic, ctje marcherai vers le but auquel je veux attein- dre avoc tout le courage et la fermete qu'il doit m'in- spirer." Such language as this was calculated to produce the highest degree of irritation, and the authority of the crown at this period was utterly unequal to the execution of these lofty ideas. Arrogant and boastful words, unacv companied by the reality of power, will inevitably excite at the same time resentment and contempt. M. Necker was certainly by no means a man of first-rate talents. It is, however, no more than justice to say, that the failure pf his projects arose not from any inherent absurdity in f 4 ?2 APPENDIX. their nature, but from the secret and powerful opposition made to them by persons possessing the substam\ f that confidence, of which he had only the name and the sha- dow. But when he found himself unable to carry those measures of which he discerned the wisdom and the rec- titude into effect, he ought doubtless, instantly to have re- signed his office. To remain for a moment in a situation of such pre-eminent responsibility, lending his sanction to measures which he was no longer allowed to guide, must ever be regarded as demonstrative evidence of a mind wholly devoid of that resolution and energy which the circumstances of the times demanded. The character of that unfortunate, but well intentioncd minister, is thus drawn by M. Bertrand de Moleville, in his Memoirs, with a pen dipped in gall. " I knew him well enough to be firmly persuaded, that he never designed the ill he has done, or that he had the least notion that his measures would produce it. I only blame his vanity and his extravagant presumption. lie so completely in his conscience believed himself to be the ablest mi' nister that ever existed, that he would have been mor- tified to have only been compared with Sully and Colbert, lie did not hesitate to believe that he combined in a supe- rior degree all the great qualities of the greatest minis- ters, without any of their faults. Posterity will see in him a man selfish, ambitious, and vain; foolishly intoxicated with the merit which he fancied himself to possess, and jealous of that of others ; desirous of excess of honour and of power; virtuous, in words and through ostenta- tion, more than in reality. In a word, he was a presump- tuous empiric in politics and morals." The colleague of M. Nccker, M, de Montmorin, is declared by M. Bertrand to have been neither constitutionalist nor de« mocnit, but a real royalist. u I must," says he, " at the same time acknowledge, that the extreme weakness of his character prevented him from being useful to his ma- VOLUME IX. 7% jesfy in circumstances that required much energy." This is equivalent to an assertion, unfortunately too well sup- ported by collateral and independent evidence, that M. de Montmorin was chargeable with the deepest political hypocrisy during the whole term of his administration, even when he seemed most friendly to the establishment of a free constitution. Louis XVI. of whom M. Bertrand speaks in terms of high-flown panegyric, appears, nevertheless, throughout these memoirs, in a light by no means advantageous. Weak, distrustful, superstitious, inconstant, strongly affected by minute circumstances, incessantly and idly- busy in the pursuit of petty, and at the same time, often pernicious objects ; mild, humane, and indulgent by nature, but jealous to the last degree of any diminution of power ; and when occasionally forced to concessions, artfully and ostentatiously representing them as the effect of his own royal and spontaneous beneficence ; perpetually hearkening to men falsely calling themselves " the king's friends," whom in defiance of the public opinion and of the common dictates of prudence, he retained near his person, and of whom M. Bertrand was the chief. " The nullity of the character of Louis XVI.," says M. Soulavie, " and the versatility of his decisions, have been in the course of these memoirs sufficiently evinced. We have seen that monarch adopting the advice of M. Necker, to unite the three orders into one assembly ; the same day he listens to the counsels of the queen's party, and resolves upon the distinction of the assemblies. He again exiles M. Necker and again recalls him. He issues orders to the Champ dc Mars favourable to his military force, in consequence of the decisions of the palace of Marli, which the duke of Liancourt on the following night annihilates. This wavering and uncertain disposition " of Louis XVI. was the primary cause of the fall, both 74 APPENDIX. of the ancient and of the constitutional monarchy ; a gimi* Sar policy ruined the last of the Valois*." On the capture of the Bastile on the memorable 14th of July, 1789, the king professed, and fatally for him- *elf and the nation, only professed, to change the whole course of his policy. ■' When the baron de Breteuil,'' says M. Bertrand, " left Versailles at the period of M. Necker's recall, he was invested with the power of treats ing with foreign courts, and of proposing any measure in the king's name, which in his opinion tended to pro- mote the re-establishment of the royal authority." Had (he king been really sincere ; had he not wilfully and de- liberately, and in repeated instances, violated every prin- ciple of honour and good faith ; what an accumulation of misery and misfortune might have been prevented; but his conduct was such as to involve both himself and his people in one common ruin. *' Fearing to weaken," says M. Bertrand de Moleville, ** the manifest nullity of the sanctions which he had been forced to give to all the decrees passed since the outrages of the 5th and 6th of October (1789), the king sanctioned also on the 28th of June (1790), the decrees of the 19th," viz. those re- specting the abolition of the orders of nobility and all feudal institutioiis ; " notwithstanding the entreaties of M. Necker, who wished the king not to assent to the decree degrading the nobility, till he had offered his ob- servations to the national assembly." But in a letter addressed to the archbishop of Aries, a thort time subsequent to this decree (August 26th), the- king in a high tone of authority, says, S* Je ne conscntirai jamais a depouiller mon clerge, ma noblesse ; a priver l ? un des droits acquis a l'Eglise Gallicane par une antique possession, par les voeux des fidelcs, par les dons des rois ?nes aycux ; a souffrir que Pautre soit depouille de tout ce. * Memoirs of Soulavie, yoL vi. p. 358, VOLUME IX. fg qui faisait sa gloire, du prix de ses services, de scs titrcs> de ccs recompenses dues aux vertus civiqucs et gucrrieres de la noblesse Franchise. De belles [action leur avaicnfc nierite des privileges ; le roi de France doit les leur coa- servcr. Je ne donnerai point ma sanction a des dccrets qui les depouillerak'iit 4 '". " It seems therefore, that the king did not consider the sanction he had publicly and formally given to these laws as any sanction at all. lie appears still to have en- tertained ideas the most extravagant, of the grandeur of his power, and he was merely waiting for a favourable op- portunity to rescind all that he had said and done in re« iation to the constitution. On a solemn and memorable occasion, repairing (February 1700) to the assembly in person, he had re- newed in a declaration equally unsolicited and unexpected, his former protestations. " Let us," said the monarch in a strain of the most insidious hypocrisy, u give our- selves up with good faith to the hopes that we ought to conceive ; continue your labours ; let it be known that your monarch applauds them ; I should have many losses to recount, but I find my happiness in that of the nation ; from the b.ottom of my heart do I express this sentiment ; 1 will maintain the constitution with my whole power. May this day, in which your monarch comes to re unite himself to you, effect in like manner the re-union of all.** ii How," exclaims M. de Bouille, a man distinguished amongst the royalists for honour and capacity, (C could he, retract such a step, thus voluntarily taken, without that degradation of character, than which a king can incur not greater misfortune ?" For two years and upwards, M. Breteuil appears to \\axe possessed the highest place in the royal confidence. 1' I shall/' says thp monarch, in a letter to that noble- • Correspondence of Louis XVI. T& APPENDIX. man, November 1790, " approve all you do towards accomplishing the great end I have in view, whiih is the re-establishment of my lawful authority, and the happiness of my people*." During this period political intrigues were incessantly carried on by the French court, and a clandestine and dangerous correspondence main- tained with that of Vienna. This was well known, and forcibly remonstrated against by those who were most in- terested in counteracting these machinations. The plainest truths were spoken in the plainest language, but to those who had ears and would hear not, spoken alas ! in vain. When the insidious project for the visit of St. Cloud was in contemplation in the Easter of 1791, a most spi- rited expostulatory address to the sovereign appeared in the periodical publication, styled l'Orateur du People. *' Louis XVT." exclaims this bold and popular censor, " aujourd'hui roi des Francais arrete ! On cours-tu monarque, abuse par des conseils perfides ? As-tu bien pese les suites de ce depart, l'ouvrage de ta femme ? Le pen pie ignore-t-il que de St. Cloud tu te disposes a partir pour Compeigne, et de-la pour la front ierc? Ne *avous-nous pas que la bouche des rois fut toujours Fautre du mensonge ? Une furie te pousse dans le preci* pice ! Eh bien, si tu pars nous ne voyons plus en toi que Tarquin chasse de Rome." I } ad the king of France been a man capable of philosophic reflection, the axiom of the Roman historian might probably have occurred with sufficient force to have restrained his subsequent acts of delirium. " Reguni majestatem diflicilius ab summo fasiigio, ad medium de- trahi, quam a mediis ad ima praecipilarit." After the rash and justly suspected attempt to with- draw from Paris to St. Cloud had proved abortive, the king * Correspondence, vol. iii. p. 85. f Livy. VOLUME IX. 77 once more appeared to adopt a new system, and was even prevailed upon to announce the new constitution in form to the different courts of Europe. Being there* upon congratulated by the president of the assembly in form, for " having thus imposed silence on detractors," he declared himself, w charmed beyond expression at the warmth of esteem which the national assembly had been pleased to express towards him. If they could but read my heart," said he, " they would there see sentiments engraved on it, that would well justify the confidence of the nation. All distrust would be then banished from out bosoms, and we should all be happy." Is there not some ground of excuse for the strong expression that, " the mouth of royalty is the cave of falsehood ?" when in less than twoshort months the king, abandoning his honour and his duty, and putting his crosvn upon the hazard of a die, ventured, by an instrument under his own hand and seal, to pronounce all his former declarations of no force or validity, as extorted from him in direct opposition to liis real sentiments. From the information of M. Bertrand himself, corrobo- rated by other, and not less decisive evidence*, it appears that in the month of May, 1791, M. le cointe Al- phonse d'Urfort was dispatched on a secret commission from their most Christian majesties to the emperor, then at Mantua ; and in a short time he returned with a decla- ration signed by his Imperial majesty, containing the outlines of a plan for effecting a counter-revolution, con- certed between the courts of Vienna, Madrid, Turin, and Naples ; conformably to which, France was to be in- vaded by the combined forces of these confederate powers, amounting to 100,000 men, at the end of July ; and their most Christian majesties are earnestly exhorted, " to cm* • Vide Memoirs of the Mirquis De Bouille, and Dr. Moore's History of the French Revolution. |T9 APPENtiltf. ploy ever}' possible moans to increase their popularity', ffi Ardec to take advantage of it when the time should come ; tuid so that the people, alarmed at the approach of the foreign armies, should find their safety only in the king's mediation, and their submission to his majesty's authority. His Imperial majesty entreats their most Christian ma- jesties to drop every idea of procuring their liberty, and adds, that their surest dependence is on the movement of the armies of the allied powers, preceded by menacing ma- nifestoes." Unfortunately the king and queen, deaf to every sug- gestion of policy and prudence, from whatever quarter ori- ginating, adopted measures equally fatal to themselves and the kingdom. By the advice of the baron dc Brclcuil, an attempt was made by their majesties, notwithstanding the dissuasives of the emperor, to effect their escape to Montmedi ; a project no less absurd in the design than unsuccessful in the ex- ecution, and mischievous in the consequences! Sensible by dear bought experience, of the false step he had taken, the king gradually withdrew his confidence from the baron, but unhappily without transferring his favour to those who were more deserving of it. From this fatal crra, the republican party became every day more daring and for-* midable. The king having declared in the paper which he left behind him, all his oaths and promises null and void ; it was not possible in the nature of things, that confidence untainted by suspicion should ever again be restored. Sentiments of loyalty and generosity, however, upon the whole prevailed ; the apology of the king was received by the assembly with indulgence and even com- placency, and in a short time powers were vested in the hands of the monarch, infinitely dangerous both to him- self and the nation. The administration which presided over the affairs of VOLUME IX. 79 France from the period of the king's acceptance of the constitution, in the autumn of 179J, to March 1792, wa* composed of persons, presumed, with one exception, to be well affected to the constitution, but apparently devoid of the zeal and vigour necessary to counteract the designs of the court. During this term M. de Montmorin, and afterwards M. de Lassart, were at the head of the foreign department; and M. Cayer de Gerville, of the interior ; M. de Naf bonne was minister of war, and M. Bertrand de Moleville, of marine ; M. Tarbe, of finance, and M. Duport de Tertre, of justice. But of these ministers j M. Bertrand, an opeh and determined enemy of the consti- tution, enjoyed incomparably the most credit with the king. A representation from the assembly against him was treated with contempt, while M. Narbonne, who had refused to sit any longer in council with M. Bertrand, was dismissed with disgrace. Both M. de Montmorin and M. de Lessart, were, according to the representations of M. Bertrand, concealed royalists, and absolutely hos- tile to the new order of things. The other three ministers were men of probity and constitutional principles, who harboured with extreme reluctance any suspicions of the king. M. Gerville in particular, was convinced upon very false grounds, as it now appears, of the rectitude of the king's intentions; but the queen lie regarded, IVL Bertrand tells us, " as a haughty, perfidious, and wicked woman, who thought of nothing but re-establishing des- potism ;" and his idea of her majesty was such, that when the ministerial committee was held in the palace, he never would speak with freedom, from a notion that the queen, or some of her spies, listened at the door, or behind the wainscot. During the whole of this period, the king was inces- santly engaged in designs no less dangerous to himself than inimical to the new constitution. In the month of December 1791, Louis XVI. wrote with ids own hand SO APPENDIX a letter to the king of Prussia, thanking him for the in- terest which that monarch had expressed, not only for his person, but for the welfare of his kingdom. " Je viens," says he, "do m 'addresser a l'empereur, a 1'imperatrice tie Russie, aux rois d'Espagne et de Suede, et je leur pre- sente Pidee d'nn congres des princi pales ptiissances de l'Europe, appuic d'unc force armce comme la meillcun; mesure pour aneter ici les fact ieux, dormer les moyens rl'etabiir un ordre de chases plus desirables, et empecher quelemal qui nous travaille puissc gagncr les autres etata de l'Europe. J'espere que votre majeste approuvera mes idees, et qu'elle me gardera le secret ie plus absolu sur la demarche que je fais, aupres d'elle. Elle sentira aise- nient que les circonstances ou je me trouve, m'obligent a la plus grand circonspection ; e'est ce qui fait, qu'il n'y a que le baron de Breteuil qui soit instruit de mon secret ; et votre majrste peut lui faire passer ce qu'elle voudra *." But even those who were most willing and desirous to believe that the king did not entertain any fixed or regu- larly formed design of subverting the constitution, could not but acknowledge that lie obstinately withheld his sup- port and confidence from those who were most zealously- attached to it. Instead of cultivating a good under* standing with the assembly by an open and steady course of action, he had recourse to the vile arts of corruption and bribery, to lessen the weight of the opposition against ihe court ; and vast sums were expended, to no other pur* pose than to make the government contemptible and odious. " During the first assembly," said the king to M. Bertram], " the attempt to gain the tribunes cost the civil list more than three millions, and the tribunes were constantly against me notwithstanding." In the spring of 1792, the public discontents ran so high, that the king was compelled to make an entire '' Correspondence of Louis XVI. VOLUME lX. 81 change of administration, and to replace his former mi- nisters with another set of men, upon whose zeal, vigour, and ability the nation relied with perfect security. The new administration consisted of M. Dumourier for the fo- reign, and M. Roland the interior department, M. Servan minister of war, and M. de la Coste of marine, M. Cla- vieres of finance, and M. Duranton garde des sceaux, or minister of justice— men whose counsels might, if the in- fatuation of the monarch had permitted, still have availed to save the king and country from ruin. By the partv r of the royalists this administration was most invidiously and unjustly branded with the stigma of jacobinism. For M. Dumourier himself tells us, in his Memoirs, Ci that nei- ther La Coste or Du ran toil were ever members of the ja* cobin society. Dumourier, Roland, and Clavieres, were three very studious and laborious men, who lived at home, assisted but very seldom at the debates of this club previously to their entrance into the administration ; never afterwards ; and who considered it as a dangerous as- sembly, which it was necessary either to suppress, or to lull asleep." In the month of April, the fatal war which for so many years desolated Europe, commenced, after an atrocious scries of provocations on the part of Austria, and a long and unexampled forbearance on that of France ; so that upon which of the two nations the heavy charge of ag- gression rested, was abundantly manifest to every impar* tial and dispassionate person. When the combined armies were on the point of invad* ing France, M. Bertrand, as he himself informs us, coun- selled the king to send oft' M. Mallet du Pan with secret dispatches for the baron de Breteuil, and directions how to act. This the king with marks of emotion refused, saying, " it was he that prompted us to take that ac- cursed journey to Yar eases." In the stead of M. Bre- teuil, therefore, the letters were addressed to the raarecha! APPEND. VOL. IX, G #2 APPENDIX. do Castries, advising that the entrance rif the AftSttiaffM and Prussians into France should be preceded by a ma- nifesto, in -which they should declare, "that forced to take arms against an unjust attack, they did not impute that aggression either to the king, or the French nation, but to a criminal faction which oppressed both. Conse- quently, far from departing from the sentiments of amity which united them to France, that their intention, on the contrary, was to deliver that nation from tyranny, and to restore it to legal order and tranquillity. That their majesties the emperor, and king, took all peaceable and faithful subjects under their protection ; that they con- sidered as their enemies those only who were the enemies of France, namely, the faction of the jacobins and all it's adherents." This advice, as appears by referring to the proclamation of the duke of Brunswick, was strictly con- formed to; and from M. Bertram! we learn, that the king of France entertained the firmest assurance of ihe success of the duke of Brunswick's expedition, though his personal situation filled him with alarming apprehensions. But exclusive of the irrefragable evidence recently pro- duced, in consequence of the publications of Dumourier, de BoiiiHc, Bertraud de Molcviile, madame Roland, &Xf, the treachery of the king might, at Hie period v, lien the Austrian and Prussian armies entered France, be without hesitation inferred from the general tenor of his conduct since the period of his acceptance of the constitution ; from his systematic abuse of the xdo: from the defence- less state of the kingdom, and more especially of the prin- cipal fortresses on the (ierman frontier; from the recall of marechal Luckner, when in the full career of victory ; anil the mysterious movements of M. La Fayette, now in close and intimate union with the court. M. Dumourier himself informs us, that he learned on his arrival at Donay, July 1792, that marechal Luckner, after having held a cou.icil of war, though there was no enemy to oppose him, VOLUME IX. 83 nad evacuated Courtray and Men in, and Avas returning to The camp of Valenciennes. " This shameful retreat;," says lie, " evidently proceeded from party spirit, in conse- quence of some great project broached by La Fayette's faction, of which Llickner, beset by his own stafkofficersj was at once tlie instrument and the dupe." It did hot escape the notice of the military men in the assembly, that M. Fayette had drawn back his army from Longwy to Sedan, on the approach of the duke of Bruns- wick's forces ; whereas, he ought, as they affirmed, to have retired towards Verdun, and crossing the Meuse, have occupied the camp of Sivry-la-Perche, a very strong po* sition, securing a safe retreat to the Gorge of Clermont, instead of which, by turning aside to Sedan, he left the route open to Paris *. From the general complexion of M. La Fayette's con- duct and character, it cannot indeed be supposed that his views extended farther than to support the constitutional monarchy, in opposition to the rising spirit of jacobinism, and republicanism, and so egregiously was he imposed upon by the artifices of the court, as to entertain the ex- travagant belief, that the invaders of France were actuated by the same moderate and patriotic motives. But sub- sequent events have no doubt fully convinced that respect- able but mistaken man, that if the dark designs at this time in agitation, had ultimately prove*! successful, he would have fallen the first victim of his own credulity and folly. For a short interval after the appointment of the patrio- tic ministers, Roland, Servan, and Clavieres, as madame Roland informs us, they were almost persuaded of the sincerity of the monarch, who appeared so anxious to inspire them with confidence, that Roland declared, " if the king was not an honest man, he was the most arrant * Vide Major Money's Memoirs of the Campaign, A. D. 1792, g2 W APPENDIX. cheat in the kingdom ;" adding " dissimulation can hardly go so t;ir." But they were soon convinced that they wefe in a fatal error. At times, indeed, they thought that the king appeared impressed with the force of their reason- ings : but at the subsequent meeting of council he was hardened into resistance : and the same round of argu- ment was urged with ceaseless and unavailing solicitude. Servan had the boldness to declare to the king, " that his weaklier was criminal, and would never be a shield against the indignation of his people." No register of the transac- tions and deliberations of the council, was permitted by the king, nor any secretary allowed, although expressly enjoined by the constitution, and repeatedly insisted upon by the ministers. " Want of ability," says madame Roland, " had disabled him from preventing the esta- blishment of the new government ; but honesty alone would have been sufficient to have saved him, if he had been sincere in executing, when he had accepted the consti- tution. Unhappily for himself, with one hand to support what he was overthrowing with the other, was his crooked policy ; and this perfidious conduct first excited mistrust, and finished by kindling general indignation." After the dismission of this wise and popular admini- stration, the monarch appears to have been guided by no lixed principle of action. The resolution suddenly taken to discard the k*e ministers, proceeded not from any con- certed plan of policy, but from the mere impulse of pride and passion. He could not endure the language of sin- cerity and truth. Even yet be was the arbiter of Ids own fate. M. Bert rand himself admits, that at this period, the faction of the Gironde, though undoubtedly repub- lican in speculation, harboured no design of subverting the constitution : and a letter was at this critical and decisive moment transmitted to the king, signed by Vergniaud, (iuadet, and Gensonne, three chiefs of the party, stating the terrible consequences- likely to ensue, and pledging VOLUME IX. 8 5 themselves for the security of the public pence, in the event of the restoration of the Gironde administration. This letter produced not the least permanent eif'ect. On the 27th July, writing to the count de Provence, the monarch declares that he had just been giving audience to M. Vergniaud, the most distinguished leader of that po- pular and powerful connexion. — u Je vous avoue," says he, u que ses raisons m'ont frappe ; il a du talent, l'elo- quence de Tame, de la facilite, beaucoup d'energic. — II m'a parle des vastes projets concues par des el res mal in- tentionnes. II m'a assure que les jacobins dans leurs ecrits, dans leurs clubs, ne se contentaient pas de demander la. decheance, mais qu'ils avaient engage plusieurs de leur mencurs a la demander a la tribune du corps legislatif. II m'a conseille de flatter la Gironde et de hater sa re- union avec le cote droit, par des rnoyens qu'ii veut m'in- diquer." Though he confesses that the party opposed to the Girondists strikes him with horror, he concludes by de- claring, " that the propositions made to him by the latter, shall not be accepted." " Voyons," says this infatuated monarch, u si l'audace des factieux triornphera." As- suredly nothing short of a miracle could save a man so obstinately bent upon his own destruction ! equally devoid of energy and of judgment, he waited with impatience for the approaching time, when by the intervention of a foreign and military force, that new order of things which he had repeatedly and solemnly sworn to defend, should be completely overturned. The edifice of the constitu- tion was indeed destroyed, but the monarch was at the same time, as might easily be foreseen, crushed under its ruins. To affirm that the oaths of the king of France were of no validity, as being the effect of coercion, must tend to dissolve all moral obligation. Louis XVI. was no other- wise under coercion at Paris, when he swore to maintain g3 86 APPENDIX. the constitution of 1790, than the glorious and immortal deliverer of Great Britain, king William JIT. in submit-* ting to the oath tendered to him at Westminster, in 16S9. He could not be king if be refused &; and the eventual violation of such oath, must necessarily at the same instant dissolve and nullify the bond of allegiance. In neither Country was the monarch constitutionally subject, in the regular course of government, to personal responsibility ; but if the functions of sovereignty were perverted to a purpose directly contrary to that which the constitution intended ; if, instead of protecting, a design was evidently formed for subverting the constitution, the monarch could not in equity claim the benefit of those established rules and maxims of government in his own favour, which might operate to the detriment, or perhaps to the ruin, of those for whose sake all government is instituted. AW the feelings and sympathies of our nature, are ne- vertheless awakened, when Louis XVI. a monarch pos- sessing undoubtedly many virtues, such indeed as Avere chiefly calculated to blossom in the shade, presents him- self to our imagination as a prisoner at the bar, and much more as a prisoner on the scaffold. But the French nation themselves, through the medium of their representatives, were the legitimate and only competent judges, how far the safety of their country demanded by an imperious and terrible necessity, so signal and melancholy a sacrifice. Jtnd however we may dissolve in tears of compassion over the victim, we can arrogate no right to brand it as an act of national injustice. That there were men in that assembly which passed sentence of condemnation on the king, of the most flagitious and unprincipled ambi- tion, who under pretext of patriotism, sought only for occasions to carry into effect their own black and nefari- ous designs, can in no degree invalidate the truth of the facts here stated, or of the conclusions deduciblc from them. There were others, who were as certainly actuated VOLUME IX. b7 bv an high srn.se of duty, who sealed his doom with a bleeding heart; and who would with pleasure have de- voted their lives tor flu ir sovereign, had tliey considered him as the protector and guardian of the constitution which lie had sworn to defend, instead of a traitor and an hypocrite justly accused of conspiring its destruc- tion. How incalculable would have been the difference in. favour of the interests of liberty, peace, and happiness, had England accepted with magnanimous cordiality,; the overtures of amity made by France, through the medium of her patriot ministers, in the spring of 1792; and had frankly and generously oifered her guarantee of the con- stitution, as ratified by the king, whose sincerity was at that moment, if ever, to be confided in. Saturnian times might then have rolled round again. But such wisdom in such circumstances, perhaps, is not given to man ; certainly not to such men as then ruled the councils of this country. MEMORIAL OF LORD AUCKLAND TO THE STATES- GENERAL, JANUARY 25, 1793. HIGH AND MIGHTY LORDS, The undersigned ambassador extraordinary and mi- nister plenipotentiary of his Britannic majesty, in conse- quence of ex p: ess orders which he received from the king, has the honour to lay before your high mightinesses, copies ef all the papers which faitire been exchanged from the 27th December last to the 29th of this month, between lord Grenville, secretary of state of his Biitannic majesty, and ML Chauv lin. High and mig'dy lords, the king is fully persuaded (r4 88 APPENDIX. that the sentiments and principles expressed in the name of Great Britain, arc perfectly the same with those which animate jour republic, and that your high mightinesses are disposed to concur fully in the measures which the present important crisis calls for, and which are the neces- sary consequences of those sentiments and principles. The circumstances which brought us to that crisis, are too recent, and the conduct of the king too well known, to oblige the undersigned to enter into superfluous de- tails. Not four years ago, some wretches assuming the title of philosophers, had the presumption to think themselves capable of establishing a new system of civil society. In order to realize that dream of their vanity, they found it necessary to overthrow and destroy all received notions of subordination, manners, and religion, which have hitherto formed all the security, happiness, and consolation of the human race. Their destructive projects have but too well succeeded. But the effects of the new system which they endeavoured to introduce, served only to shew the imbecility and villany of its authors. The events which so rapidly followed each other since that epoch, surpass in atrocity all which had ever pollute.! the pages of history. Property, liberty, security, even life itself, have been deemed playthings in the hands of infamous men, who are slaves of the most licentious passions of rapine, enmity, and ambition. The annals of mankind present no epoch, when and in so short a time, so many crimes were committed, so many misfortunes caused, and so many tears shed. Even at this rrmment, these horrors seem to be at their height. During all that time, the king, surrounded by his peo- ple, who by Divine Providence enjoy an unexampled pros- perity, could not look on the misfortunes of others, but with a sentiment of indignation and pity ; but faithful to his principles, his majesty never wished to interfere with VOLUME IX. 89 the interior affairs of foreign nations ; lie never deviated from the path of neutrality which he had prescribed to himself. This conduct, which the king with pleasure saw oi; served likewise by your high mightinesses, and the good faith of which all Europe acknowledged, together with his peaceable disposition, which ought to have been respected on every ground, was not sufficient to secure his majesty, his loyal subjects, and this republic, from the most dangerous and criminal plots. For several months past, ambitions projects of aggran- dizement, alarming to the tranquillity and safety of all Europe, were planned in the most public manner ; en- deavours were made to spread in the interior parts of Eng- land, and of this country, maxims detrimental to all social order ; they were not even ashamed to call these horrible attempts revolutionary power. Ancient and solemn treaties guaranteed by the king were infringed, and the rights and the territory of the re- public have been violated. His majesty, therefore, in his wisdom, thought proper to make such warlike prepara- tions, as seemed to him proportioned to the circumstances of the times. The king has consulted his parliament, and the measures which his majesty thought fit to adopt, were approved by the spirited and unanimous consent of a people who abhor anarchy and irreligion, and love their king and constitution. Such are, high and mighty lords, the motives of a con- duct, the wisdom and equity of which, have till now ensured to the king your concurrence and co-operation. His majesty has in every respect constantly kept a watch- ful eye on the support of the rights and safety of the United Provinces. The declaration which the under- signed had the honour to make to your high mightinesses on the 13th November last, and the arrival of a small squadron destined for the protection of the shores of the republic, during the time when its own naval forces were $G APPENDIX, tssembling, prove it incontestiblv. Your high mighti- nesses have acknowledged these dispositions of his majesty in what he has done already. You will not find them abated in the preparations that are now making : in conse- quence of which, his majesty is persuaded, that he w ill con- tinue to experience on the part of your high mightinesses, a perfect conformity of principles and conduct : that conformity can alone give to the united efforts of the two countries, the necessary energy for their common defence, which will also oppose a barrier to the evils with which Europe is threatened, and secure from every attempt, the safety, tranquillity, and independence of a state, the Happiness of which is ensured by 3-our high mighti- nesses, through the wisdom and energy of its goyenir ment. I) one at the Hague, January 23, 1793. AUCKLAND. ADDRESS MOVED IX THE HOUSE OF COMMONS, rr.iiTii'Auv 2J, 1793. > That the sentiments of the mf rubers in opposition, upon the conduct of ministers, and the causes of the war, might remain yet more fully and explicitly upon parliamentary record, Mr. Circy, on the 21st of February, J7J73, moved the following well-weighed, judicious, and comprehensive address to his majesty. " That an humble address be presented to his majesty, to assure his majesty, that his faithful commons, ani- mated by a sincere and dutiful attachment to his person and family, and to the excellent constitution of this king- dom, as well as by an ardent zeal for the honour and in- terest of the nation, will at all times be ready to support his majesty in any measures which a due observance of the faith of treaties, the dignity of his crown, or the secu- rity of his dominions, may compel him to undertake, VOLUME IX. g\ " Thai feeling the most earnest solicitude to avert from our country the calamities of war, by every means coil-* sistent with honour and with safety, we expressed to his majesty at the opening of the present sessions) 4 our sense of the temper and prudence which had induced his ma* jtfsty to observe a strict neutrality wiih respect to the war or the continent, and uniformly to abstain from Any in* rerference in the internal affairs of Franco/ and our ho; ■©• that the stops his majesty had taken would have the happy tendency ' (o render a firm and temperate conduct effec- tual for preserving the blessings of peace.' u That with the deepest concern we now find our- selves obliged to relinquish that hope, without any evi- dence having been produced, to satisfy us that his ma- jesty's ministers have made such efforts as it was their duty to make, and as by his majesty's most gracious speech we were taught to expect, for the preservation of peace. It is no less the resolution than the duty of his majesty's faithful commons, to second his efforts in the war thus fatally commenced, so long as it shall continue; but we deem it a duty equally incumbent upon us, to so- licit his majesty's attention to those reasons or pretexts by which his servants have laboured to justify a conduct on their part, which we cannot but consider as having contributed in a great measure to produce the present rupture. '.* Various grounds of hostility against France have been, stated, but none that appeared to us to have constituted .such an urgent and imperious case of necessity as left no room for accommodation, and made war unavoidable. The government of France has been accused of having- violated the law of nations, and the stipulations of ex-? isting treaties, by an attempt to deprive the republic of the United Provinces of the exclusive navigation of the $cheld. No evidence, however, has been offered to con- 92 APPENDIX. -»ince us thai this exclusive navigation was either in itself, ©r in the estimation of those who were alone interested in preserving it, of such importance, as to justify a determi- nation in our government to break with France on that ac- count. If in fact, the States-general had shewn a dis- position to defend their right by force of arms, it might have been an instance of the truest friendship to have suggested to them for their serious consideration, how far the assertion of this unprofitable claim might, in the pre- sent circumstances of Europe, tend to bring into hazard the most essential interests of the republic. But. when, on the contrary, it has been acknowledged, that up requisition on this subject was made to his majesty on the part of the States-general, we are at a loss to comprehend on what grounds of right or propriety we take the lead in asserting a claim in which we are not principals, and in which the principal party has not, as far as we know, tl ought it prudent or necessary to call for our interposition. u We must further remark, that the point in dispute seemed to us to have been relieved from a material part of its difficulty, by the declaration of the minister of fo- reign affairs in France, that the French nation gave up all pretensions to determine the question of the future na- vigation of the Scheld. Whether the terms of this decla- ration were perfectly satisfactory or not, they at least left the question open r to pacific negotiation, in which the in- trinsic value of the object, to any of the parties concerned in it, might have been coolly and impartially weighed against the consequences to which all of them might be exposed, by attempting to maintain it by force of arms. " We have been called upon to resist views of con- quest and aggrandizement, entertained by the govern- ment of France, " at all times dangerous to the general interests of Europe, but asserted to be peculiarly so when connected with the propagation of principles which lead VOLUME IX. 93. to the violation of the most sacred duties, and are ut- terly subversive of the peace and order of all civil so- ciety.' 1 ** We admit, that it is the interest and duty of every member of the commonwealth of Europe, to support the established system and distribution of power among the independent sovereignties which actually subsist, and to prevent the aggrandizement of any state, especially the most powerful, at the ex pence of any other ; and for the honour of his majesty's councils, wedo most earnestly wish. that his ministers had manifested a just sense of the im- portance of the principle to which they now appeal, m the course o( late events, which seemed to us to threalea its entire destruction. " When Poland was beginning to recover from the long calamities of anarchy, combined with oppression!; after she had established an hereditary and limited rao« narchy like our own, and was peaceably employed in settling her internal government, his majesty's ministers with apparent indifFcrence and unconcern, have seen her become the victim of the most unprovoked and unprin-v cipled invasion ; her territory over-run, her free consti- tution subverted, her national independence annihilated, and the general principles of the security of nations wounded through her side. With all these evils was France soon after threatened ; and with the same ap- pearance either of supine indifference, or of secret appro- bation, his majesty's ministers beheld the armies of other powers, in evident concert with the oppressor of Poland, advancing to the invasion and subjugation of France; and the march of those armies distinguished from the or- dinary hostilities of civilized nations by manifestoes, which, if their principles and menaces had been carried into practice, must have inevitably produced the relurA of that ferocity and barbarism in war, which a beneficent religion and eulightened manners, and true jEailitary; ho* fi-t APPENDIX. ttour have for a long time banished from the curiafk'.'i world. •* No effort appears to have been made to checU the progress of these invading armies. His majesty's minis- ters, under a pretended respect for the rights and inde 3 pendence of other sovereigns, thought fit at that time to refuse even the interposition of his majesty's councils and good offices, to save so great and important a portion of Europe from falling under the dominion of a foreign pdwer. But no sooner, by an ever-memorable reverse of fortune, had France repulsed her invader*, and carried her Arms into their territory, than his majesty's ministers, laying aside that collusive indifference which bad marked their conduct during the invasion of Franc, began to express alarms for the general security of Europe, which, as it appears to u*j they ought to have seriomly felt, and might have expressed with greater justice, on the pre- vious successes of her powerful adversaries. u "We will not dissemble our opinion, that the decree' of the national assembly of France, of the 19th Novem- ber, 1792, was in a great measure liable to the objections urged against it ; but we cannot admit, that a war upon the single ground of such a decree, unaccompanied by any overt-acts by which we or our allies might be directly attacked, would be justified as necessary and unavoidable. Ceftainljr not, unless upon a regular demand made by his majesty ?s ministers, of explanation and security in beflalf of us and our allies, the French had refused to give his majesty such explanation and security. No such de* maud -was made ; explanations, it is true, have been re- CefVed and rejected ; but it well deserves to be remarked and remembered, that these explanations were voluntarily offered on the part of Fiance, not previously demanded on ours, as undoubtedly they would have been, if it had suited the views of his majesty's ministers to have acted fiaulJy>-nnd honourably, towards France, and not to have VOLUME IX. $1 Itserved their fcbrri plaints for a future period, when expla- nations, however reasonable, might come too late, and. hostilities might be unavoidable. " After a review of all those considerations, we think it necessary to represent to his. majesty, that none of the points which were in dispute between his ministers and the government of France, appear to us to have been in- capable of being adjusted by negotiation, except that aggravation of French ambition which has been stated to arise from the political opinions of the French nation! These indeed we conceive formed neither any definable object of negotiation, nor any intelligible reason for hos- tility. They were equally incapable of being adjusted by treaty, or of being either refuted or confirmed by the events of war. *' We need not state to his majesty's wisdom, that force can never cure delusion; and we know his majesty's good*- ness too well, to suppose that he could ever entertain the idea of employing force to destroy opinions, by the ex- tirpation of those who hold them. *• The grounds upon which his majesty's ministers have advised him to refuse the renewal of some avowed public intercourse with the existing government of France, ap- peared to us neither justified by the reason of the thing itself, nor by the usage of nations, nor by any expe- diency arising from the present state of circumstances. In all negotiations or discussions whatsoever, of which peace is the real object, the appearance of an amicable disposition, and of a readiness to offer and to accept of pacific explanations on both sides, is as necessary and use- fill to ensure success, as an argument founded on strict right. 'Nor can it be denied, that claims or arguments of any kind, urged in hostile or haughty language, however equitable or valid in themselves, are more likely to provoke than to conciliate the opposite party. Deploring, as we have ever done, the melancholy event which has lately hop- fil APPENDIX. pened in France, it would yet have been some consolation to us to have heard, that the powerful interposition of the British nation on this subject had at least been offered, al- though it should unfortunately have been rejected. But in- stead of receiving such consolation from the conduct of his majesty's ministers, we have seen them, with extreme asto- nishment, employing as an incentive to hostilities, an event which they had made no eifort to avert by negotiation. This inaction they could only excuse on the principle, that the internal conduct of nations, whatever may be our opinion of its morality, was no proper ground for inter- position and remonstrance from foreign slates — -a principle from which it must still more clearly follow, that such internal conduct could never be an admissible justifying Teason for war. * fi We cannot refrain from observing, that such fre- quent allusions as have been made to an event confessedly no ground of rupture, seemed to us to have arisen from a sinister intention to derive from the humanity of Eng- lishmen, popularity for measures which their deliberate judgment would have reprobated, and to influence the most virtuous sensibilities of his majesty's people, into a blind and furious zeal for a war of vengeance. M His majesty's faithful commons therefore, though always determined to support his majesty with vigour and cordiality in the exertions necessary for the defence of liis kingdoms, yet feel that they are equally bound by their duty to his majesty, and to their fellow-subjects, to declare in the most solemn manner, their disapprobation of the conduct of his majesty's ministers throughout the whole of these transactions ; a conduct which, in their opinion, could lead to no ether termination but that to which it seems to have been studiously directed, of plung- ing this country into an unnecessary war. The calami- ties of sucli a war must be aggravated in the estimation of every rational mind, by reflecting on the peculiar ad van- VOLUME IX. 97 tages of that fortunate situation which we have so un- wisely abandoned, and which not only exempted us from sharing in the distresses and afflictions of the other nations of Europe, but converted them into sources of benefit, improvement, and prosperity to this country. " We therefore humbly implore his majesty's pater- nal goodness, to listen no longer to the councils which have forced us into this unhappy war, but to embrace the earliest occasion which his wisdom may discern, of restoring to his people the blessings of peace." Mr. Pitt declaring in a few words, that it was unne- cessary to enter upon any new discussion relative to the grounds and reasons of the war, upon the present occa- sion, the question was put upon the motion of Mr. Grey r and the address, framed, as it must appear in the view of posterity to be, in the true and genuine spirit of politi- cal wisdom, was negatived without a division. MEMORIAL PRESENTED BY THE BRITISH AND IM- PERIAL MINISTERS, TO THE STATES-GENERAL OF THE UNITED PROVINCES, april 5, 1793. high and mighty lords, It is known, that towards the month of September, last year, his Britannic majesty and your high mighti- nesses gave, in concert, a solemn assurance, that in case the imminent danger which then threatened the lives of their most Christian majesties and their families, should be realized, his majesty and your high mightinesses would not fail to pursue the most dficacious measures to prevent the persons who might render themselves guilty of so atrocious a crime, from finding any asylum in your respec- tive states. This event, which was with horror foreseen, APPEND. VOL. IX, H 93 APPENDIX. has taken place, and the divine vengeance seems not to have been tardy. Some of these detestable regicides are now in such a situation that they can be subjected to the sword of the law. The rest are still in the midst of a people whom they have plunged into an abyss of evils, and for whom famine, anarchy, and civil war, are about to prepare new calamities. In .short, every thing that we see happen, induces us to consider as not far distant, the end of these wretches, whose madness and atrocities have filled with terror and indignation all those who respect the principles of religion, morality, and humanity. The undersigned therefore submit to fcke enlightened judgment and wisdom of your high mightinesses, whe* ther it would not be proper to employ all the means in jour power, to prohibit from entering your states in Eu- rope, or your colonies, all those members of the pretended national convention, or of the pretended executive coun- cil, who have directly or indirectly participated in the said crime ; and if they should be discovered and ar- rested, to deliver them up to justice, that they may serve as a lesson and example to mankind. Done at the JIague,.this 5th April? 179*3. j> AUCKLAND. C DE STA11EMBEKG. DECLARATION OF THE KING OF GREAT BRITAIN, RELATIVE TO THE WAR WITH FRANCE, OCTOBF.H 29, 1793. The circumstances in consequence of which his ma- jesty has found himself engaged in a defensive war against France, are known already toall Ettrbpe* The objects which his majesty has proposed to himself from 'he commence- ment of the war, are of equal notoriety. To rejajl an un- VOLUME JX. 99 provoked aggression, to contribute to the immediate de- fence of his allies, to obtain for them, and for himself, a just indemnification, and to provide, as far as circum- stances will allow, for the future security of his own sub- jects, and of all the other nations of Europe : — these are the points for which his majesty has felt it incumbent on him to employ all the means which he derives from the resources of his dominions, from the zeal and affection* of his people, and from the unquestionable justice of his cause. But it has become daily more and more evident, how much the internal situation of France obstructs the con- clusion of a solid and permanent treaty, which can alone fulfil his majesty's just and salutary views for the accom- plishment of these important, objects, and for restoring the general tranquillity of Europe. His majesty sees there- fore, with the utmost satisfaction, the prospect which the present circumstances afford him of accelerating the re- turn of peace, by making to ihe well-disposed part of the people of France a more particular declaration of the principles which animate him, of the objects to which his views are directed, and of the conduct which it is his in- tention to pursue. With respect to the present situation of affairs, the events of the war, the confidence reposed in him by one of the most considerable cities of France, and above all, the wish which is manifested almost universally in that country, to find a refuge from the tyranny by which it is now overwhelmed, render the explanation on his ma- jesty's part a pressing and indispensable duty ; and his majesty feels additional satisfaction in making such a de- claration, from the hope of finding in tiie other powers engaged with him in the common causey sentiments and views perfectly conformable to his o.vn. From the first period when his most Christian majesty, Louis XVI. had called his people around him to join in concerting measures for their common happiness, the king h2 iOO APPENDIX. has uniformly shewn by his conduct, the sincerity of his ■wishes for the success of so difficult, but at the same time so interesting an undertaking. His majesty was deeply afflicted with all the misfortunes -which ensued, but par- ticularly when he perceived more and more evidently, that measures, the consequences of which he could not disguise from himself, must finally compel him to relin- quish the friendly and pacific system which he had adopted. The moment at length arrived, when bis ma« jesty saw that it was necessary for him not only to repel the unjust aggression which he had recently experienced, but that all the dearest interests of his people, imposed upon him a duty still more important — that of his ex- erting his efforts for the preservation of civil society itself, as happily established among the nations of Europe. The designs which had been professed, of reforming the abuses of the government of France, of establishing personal liberty, and the rights of property, on a solid foundation, of securing to an extensive and populous country the be» nefits of a wise legislation, and an equitable and mild ad- ministration of its laws — all these salutary views have un- fortunately vanished. In their place has succeeded a sys- tem destructive of all public order, maintained by pro- scriptions, exiles, and confiscations, without number ; by arbitrary imprisonments, by massacres which cannot even be remembered without horror, and at length by the exe- crable murder of a just and beneficent sovereign, and of the illustrious princess, who, with an unshaken firmness, has shared all the misfortunes of her royal consort, his pro- tracted sufferings, his cruel captivity, his ignominious death. The inhabitants of that unfortunate country, so long nattered by promises of happiness, renewed at every fresh crime, have found themselves plunged into an abyss of unexampled calamities ; and neighbouring nations, in- stead of deriving a new security for the maintenance of VOLUME IX. 101 general tranquillity, from (lie establishment of a wise ami moderate government, have been exposed to the repeated attacks of a ferocious anarch v, tin* natural and necessary- enemy of all public order. They have had to encounter acts of aggression without pretext, open violations of all treaties, unprovoked declarations of war: in a word, whatever corruption, intrigue, or violence could effect for the purpose, so openly avowed, of subverting all the institutions of society, and of extending over all the na- tions of Europe that confusion which has produced the misery of France. This state of things cannot exist in France, without in- volving all the surrounding powers in one common dan- ger, without giving them the right, without imposing it upon them as a duty, to stop the progress of an evil which exists only by this excessive violation of all law, and all property, and which attacks the fundamental princi- ples by which mankind is united in the bonds of civil so- ciety. His majesty by no means disputes the right of France to reform its laws. It never would have been his wish to employ the influence of external force with respect to the particular form of government to be established in an independent country. Neither has he now that wish, except in so far as such interference is become essential lo the security and repose of other powers. Under these circumstances,, he demands from France, and he demands with justice, the termination of a system of anarchy which has no force but for the purposes of mis- chief: unable to discharge the primary duty of all govern- ment, to repress the disorders, or to punish the crimes which are daily increasing in the interior of the country, but disposing arbitrarily of the property and blood of the in- habitants of France, in order to disturb the tranquillity and blood of other nations, and to render all Europe the theatre of the same crimes, and of the same misfor- tunes. The king demands that some legitimate and stable n3 102 APPENDIX. government should be established, founded on the ac- knowledged principles of universal justice) and capable of maintaining w ith other powers the accustomed relations of union and peace. His majesty wishes ardently to be enabled to treat for the rc-eslablishment of general tranquillity with such a government, exercising a legal and permanent authority, animated will) the wish for general tranquillity, and possessing power to enforce the observance of its en- gagements. The king would propose none other than equi- table and moderate conditions ; not such as the expences, the risque, and the sacrifices of the war might justify, but such as his majesty thinks himself under the indis- pensable necessity of requiring with a view to these con- siderations, and still more, to that of his own security, and of the future tranquillity of hiurope. His majesty desires nothing more sincerely, than thus to terminate a war which he in vain endeavoured to avoid, and all the calamities of which, as now experienced by France, are to be attributed only to the ambition, the perfidy, and the violence of those whose crimes have involved their own country in misery, and disgraced all civilized nations. As his majesty has hitherto been compelled to carry on war against the people of France collectively, to treat as enemies all those who sutler their property and blood to be lavished in support of an. unjust aggression, his majesty would see with Infinite satisfaction, the opportunity of making exceptions in favour of the well disposed inhabi- tants of the other parts of France, as he has already done with respect to those of Toulon. The king promises oil his part the suspension »f. hostilities, friendship, and, as as-far as t\\c course of events will allow, or which the will of man enn dispose, security and protection, to all those who, by declaring for a monarchical government, shall shake off the yoke of a sanguinary anarchy, of that anar- chy which has broken all the most sacred bonds of society, dissolved all the relations of civil life, violated eVerv VOLUME IX. MB right, confounded every duly ; wliicli uses the name of liberty to exer.ise the most cruel tyranny, to annihilate all property, to seize on all possessions ; wliieli founds its power on the pretended consent of the people, and itself carries tire and sword through extensive provinces, for having demanded their laws, their religion, and their law- ful sovereign. It is then in order to deliver themselves from this un- heard-of oppression, to put an end to a system of unpa- ralleled crimes, and to restore at length tranquillity to France, and security to all Europe, that his majesty in- vites the co-operation of the people of France. It is for these objects that he calls upon them to join tlje standard of an hereditary monarchy, not for the purpose of decid- ing in this moment of disorder, calamity, and public dan- ger, on all the modifications of which this form of govern- ment may hereafter be susceptible ; but in order to unite themselves once more under the empire of law, of morality, and of religion ; and to secure at length to their own country external peace, domestic tranquillity, a real and genuine liberty, a wise, moderate, and beneficent govern- ment, and the uninterrupted enjoyment of ail the advan- tages which can contribute to the happiness and prosperity of a great and powerful nation. This memorable declaration on the part of the king of (Treat Britain, is framed with extreme art and plausibility, and a great external shew of candour, but, as will appear on an attentive examination, a deep .and insidious design. The general tenor of the composition of this paper, con- sidered either in a literary or political view, bears so strik- ing an analogy to the speeches of Mr. Pitt in parliament, that it. may without hesitation be ascribed to him as the principal author. The main question to be resolved is, what at this period ii 4 104 APPENDIX. period, and veiled under this pompous parade of mode- ration, were t lie real political views of the court of Lon- don ? I. A disposition is apparent throughout, to paint in the most odious colours the revolution which had taken place in France, without any discrimination of times or persons, and to represent in the most favounble light, and as a state of great felicity and prosperity, that monarchical des« potism under which the French nation had for centuries groaned, and from wfcioh a vast majority of that people had so ardently wished to be relieved. II. The present conventional government is described as dangerous to the peace and order of civilized society, and as of itself not only justifying the confederacy formed for its destruction, but as imposing a duty upon all regular governments to exert their utmost efforts for this end. III. It is therefore evident, that the restoration of the ancient monarchy of France, was the real end and pur- pose of the confederacy in which Britain was now en- gaged ; but combined with a plan of dismemberment to an indefinite extent, under the pretext of indemnification for past injuries, and security against future attacks. But in every one of these particulars, either the assertions of the declaration arc grossly false, or its reasonings misera- bly fallacious. J lis, first, utterly and palpably false, that " civil society itself was," previous to the revolution in question, " hap- pily'establ ished," as the declaration affirms, "among the nations of Europe." On the contrary, with the exceptions of England, Holland, and Switzerland, Europe pre- sented a melancholy view of the most dreadful oppression, blended with, and strengthened by, the most wretched and abjret superstition: and France in particular, for near 200 years, had cruelly suffered under the tyranny of a de- tested race, which she possessed precisely the same right, whenever she acquired the power, to throw off, as Great VOLUME IX. 105 Britain to expel the equally odious family of the Stuarts. Nor will it be admitted that Louis XVI., a prince naturally mild and beneficent, but feeble in intellect, corrupted by power, and destitute of sincerity, had voluntarily " called his people around him, to join in concerting measures for their common happiness." This was the etiect of an over-ruling political necessity ; and from ihe aera of the establishment of the new constitution, to which he with studied hypocrisy feigned, and on divers occasions solemnly expressed his assent, he was engaged in secretly plotting the means of its subversion. His death, there- fore, was not M an execrable murder," but a severe and awful act of national and retributive justice; demanding our sympathy indeed, but not our reproaches, and much less our vengeance. It is false, secondly, that the horrible system actually established in France at this period, though founded on. proscription, confiscation, and massacre, was yet inca- pable of maintaining with other powers, the relations of amity and peace. To say otherwise, is to oppose declama- tion and invective to fact. It is certain, that with Den- mark, Sweden, and America, France had in these circum- stances preserved these relations inviolate, and that she had shewn an eager inclination also to maintain, and when broken, to re-eslablish, the same relations with England : a vicious government not being more willing, unneces- sarily, to increase the number of its enemies, than a virtu- ous one. Allowing, however, third/?/, that England had re- ceived injuries from France, justifying hostilities against that power, it is a most fallacious and dangerous conclu- sion, that from the verj/ commencement of the war, Eng- land had a right not only to demand the redress of these injuries,- but also to advance a vague and indefinite claim of indemnification. Should this be admitted as an esta- blished rule of national policy, and the secondary clahn lOti APPENDIX. of indemnification become thus identified with the original claim of redress, every accidental misunderstanding between two equal powers, must instantly swell into a serious and interminable quarrel. .And the probability is, that in car- rying on a war for the avowed purpose of indemnification, ten times more will be expended, than the value of the in- demnification could be reasonably estimated at, suppos- ing that it were, contrary to the general tenor of expe- rience in similar cases, ultimately obtained. The prospects held out to the " well disposed" people of France in this declaration, are altogether deceitful and visionary. They are exhorted u to join the standard of an hereditary monarchy, in order to unite themselves once more under the empire of law, of morality, and reli- gion ; and to secure to themselves a real and genuine liberty." This is only to be done conformably to the de- claration, by an unreserved restoration of the ancient des- potism. For they are not permitted previously to delibe- rate " on the modifications of which this form of govern- ment might hereafter be susceptible," and much less as- sured that those modifications which had been actually and publicly assented to by the late monarch, would be made the basis of the future government. But were the ancient monarchy once re-established, can credulity itself believe, that any gratuitous modifications of that govern- ment would, be the subsequent result ? or rather that the most barbarous vengeance would not be exercised upon all those who were principally concerned in its over- throw ? — as was already proved indeed to demonstration, by the treatment which La Fayette and his unfortunate coin pan ions had met with from the Prussian and Austrian courts. With respect to the nature of the indemnifications them- selves, claimed at this very early period of the war by the court of London, in the name of the confederate powers, the assurances held out are to the last degree VOLUME IX. 107 futile and fallacious. " The objects of his Britannic ma- jesty," this declaration says, " are to obtain for himself and his allies, a just indemnification, and to provide, as far as circumstances will allow, for the future security of his own subjects, and of all the other nations of Europe." And again — " The king would propose none other than equitable and moderate conditions ; not such as the ex- penses, the risque and the sacrifices of the war might jus- tify, but such as his majesty thinks himself under the in- dispensable necessity of requiring with a view to these considerations, and still more, to that of his own security, and of the future tranquillity of Europe." Now what these ends and purposes would require, not admitting of a distinct specification, must of course be left to the tried equity and justice of those persons — the great and good allies of Britain ; — she herself being as far removed from the suspicion of selfish and inordinate ambition, as the east is from the west — of those very persons, it is neces- sary to repeat, who had a few years since divested Poland of her fairest provinces, and who were at this very mo- ment, after destroying the dawning hopes of her infant freedom and rising prosperity, with savage and bloody exultation, preparing to blot her name and memory for ever from the map of Europe. end of voi,. ix. Printed by B. McMillan, T »w Street, Cover.! Garden. $ VOLUME THE TENTH, Printed »y B. M'MUian, '£ APPENDIX: Containing STATE PAPERS AND AUTHORITIES, TO THE TENTH VOLUME. THE DUKE OF BRUNSWICK TO THE KING OF PRUSSIA, JANUARY 6, 1794. SIRE, nPIIE motives which induce me to solicit my recall from the army, are founded on the unhappy experience, that the want of concert, the egotism, the spirit of cabal and distrust, have frustrated all the measures which had been adopted during the last two campaigns, and continue to disconcert all those which have been adopted by the combined armies. Overwhelmed by the misfortune of being exposed, through the misconduct of others, to the unhappy situation in which I am placed, 1 feel with bitter regret, that the world appreciates generals only according to their success, without giving itself the trouble of entering into any examination. The raising of the siege of Lan- dau marks a period in the history of this unfortunate war, and I have tne ill-fortune to be implicated in it ; I am loa led with reproaches, and the innocent is con« founc '■-. vith the guilty. Notwithstanding so many disasters, I should not have APPEND. VOL. X. B 2 APPENDIX. presented to your majesty my desire to renounce a profes^ sion which has been the principal study of my life ; but when a man has lost all the fruits of his cares, his labours, and his efforts ; when there no longer remains a hope of accomplishing the purpose of the campaign, nor that a third promises a happier issue, what remains for a person the most attached to your majesty, the most zealous for your interests and your cause, but to desist from expos- ing himself to extreme calamities ? The same causes which have hitherto divided the powers, divide them still ; the movements of the armies will again suffer as they have suffered ; they will experience delay and embar- rassment ; time will be necessary to recruit the Prussian army ; policy absolutely requires it. These delays will perhaps prove the source of a train of misfortunes in the ensuing campaign, whose consequences are incalculable. I do not object to the war ; it is not war I would avoid ; but 1 dread the dishonour attached to my situation, by the errors which the other generals will reflect on me, and because I can neither act according to my designs nor my principles. Your majesty will easily recollect what I had the honour of representing to you the day you left Escheveilcrs. I ex- plained to you all my difficulties, my troubles, and my misfortunes. I have made every exertion to prevent all inconveniences ; unhappily the event has proved their in- efficacy. It is therefore from the thorough persuasion of my inability to render any essential service, that I am in- duced to entreat your majesty to appoint me a successor as speedily as possible. But this determination, how- ever distressing it may be to me, does not result from the melancholy reflections suggested by my situation. Pru- dence requires that I should retire, and honour commands it. Whenagreat nation, such as that of France, con- ducts itself by the terror of punishments, and by enthu- siasm, the combined powers ought to be guided by but VOLUME X. a one sentiment and one principle ; but if, instead of co- operating with this unanimity, each army acts separately, and without concerting with the others, without fixed plans, without concord, and without principle ; the con- sequences to be expected are such as we have seen at Dun- kirk, at raising the siege of Maubeuge, at the capture of Lyons, at the destruction of Toulon, and when we raised the siege of Landau. May heaven preserve your majesty from great misfortunes ! but every thing is to be dreaded, unless constancy, harmony, and uniformity of sentiments, of principles, and actions, assume the place of opposite sentiments, which, during the last two years have occa- sioned so many calamities. 1 offer up my most sincere prayers for your majesty ; your glory will be my hap- piness. Oppenaeim, 6th January, 1794. «3Sr CORRESPONDENCE BETWEEN MR. WICKHAM AND M. BARTHELEMY. A.D. 1796. MR. WICKHAM TO M. BARTHELEMY. Berne, March 8, 1796. The undersigned, his Britannic majesty's minister plenipotentiary to the Swiss Cantons, is authorized to convey to monsieur Barthelemy, the desire of his court to be made acquainted through hitn, with the dispositions of France, in regard to the object of a general pacification. fie therefore requests M. Barthelemy to transmit to him in writing, and after having made the necessary inquiries, his answer to the following questions: I. Is there the disposition in France to open a nego- tiation with his majesty and his allies, for the re-establish- ment of a general peace upon just and suitable terms, by b2 4 APPENDIX. sending for that purpose, ministers to a congress at such place as may hereafter be agreed upon ? IL Would there be the disposition to communicate to the undersigned, the general grounds of a pacific J ion, such as France would be willing to propose ; in order. that his majesty and his allies might thereupon examine in concert, whether they are such as might serve as the foundation of a negotiation for peace ? III. Or would there be a desire to propose any other way whatever, for arriving at the same end, that of a general pacification ? The undersigned is authorized to receive from M. Bar- the e-iiv, the answers to these questions, and to transmit them to his court ; but he is not authorized to enter with him into negotiation, or discussion upon these sub- jects. W. W1CKHA.M, M. BARTHELEMY TO MR. WICIU1AM. Baslr, 6fh Germinal, 4th Year, (March 26, 1796;. The undersigned ambassador of the French republic to- the Helvetic body, has transmitted to the executive directory, the note which Mr. "Wiekham, his Britannic majesty's minister plenipotentiary to the Swiss Cantons, was pleased to convey to him, dated the Sth March, He has it in command to answer it, by an exposition of the sentiments and dispositions of the executive direc- tory. The directory ardently desires to proenre for the French republic a just, honourable, and solid peace. The step taken by Mr. Wiekham would have afforded to the di- rectory a real satisfaction, if the declaration itself which ihat minister makes, of his not haying any order, any VOLUME X. 5 power to negotiate, did not give room to doubt of the sin- cerity of" the pacific intentions of his court. Id fact, if it were true, that Engl md began to know her real inte- rests, that she wished to open again for herself, the sources of abundance and prosperity ; if she sought for peace with good faith, would she propose a congress, of which the necessary result must be to render all negotiation fruitless? or would she confine herself to the asking in a vague manner, thai the French government should point out any other way whatever for attaining the same ob- ject, that of a general pacification ? Is it that this step has had no other object than to ob- tain for the British government the favourable impression which always accompanies the first overtures for peace I may it not have been accompanied with the hope, that they would produce no effect ? However that may be, the executive directory, whose policy has no other guides than openness and good faith, will follow in its explanations, a conduct which shall be wholly conformable to them. Yielding to the ardent de- sire by which it is animated to procure peace for the French republic, and#for all nations, it will not fear to de- clare itself openly. Charged by the constitution with the execution of the laws, it cannot make or listen to any proposal that would be contrary to them. The constitu- tional act does not permit it to consent to any alienation of that which, according to the existing laws, constitute* the territory of the republic. "With respect to the countries occupied by the French armies, and which have not been united to France, they as well as other interests, political and commercial, may become the subjects of a negotiation, which will present to the directory, the means of proving how much it de- sires to attain speedily to a happy pacification. The directory is ready to receive in this respect, any b3 6 APPENDIX. overtures that shall be just, reasonable, and compatible with the dignity of the republic. BAnTHELEMY. DECLARATION OF THE COURT OF LONDON, RELATIVE TO THE ABOVE CORRESPONDENCE. The court of London has received from its minister in Switzerland^ the answer made to the questions which he had been charged to propose to monsieur Barthelemy, in respect to the opening of a negotiation for the re-establish- ing of general tranquillity. This court has seen with regret, how far the tone and spirit of that answer, the nature and extent of the de- mands which it contains, and the manner of announcing them, are remote from any disposition for peace. Tlv inadmissible pretension is there avowed, of appro- priating to France, all that the laws actually existing there may have comprised under the denomination of French territory. To a demand such as this, is added an express declaration, that no proposal contrary to it will be made, or even listened to. And even this, under the pretence of an internal regulation, the provisions of which are wholly foreign to all other nations. While these dis- positions shall be persisted in, nothing is left for the king but to prosecute a war equally just and neces- sary. Whenever Iiis enemies shall manifest more pacific sen- timents, his majesty will at all times be eager to concur in them, by lending himself in concert with his allies, to all such measures as shall be best calculated to re-esta- blish general tranquillity, on conditions just, honourable, and permanent, either by the establishment of a congress, which has been so often and so happily the means of re- VOLUME X. 7 stating peace to Europe, or by a preliminary discussion of the principles which may be proposed on either side, as a foundation of a general pacification. Or lastly, by an impartial examination of any other way which may be pointed out to him, for arriving at the same salutary end. Dnaimiig-slrcct) April 10, 1796; Although the French executive directory did not think fit, after the example of the court of London, to publish a formal declaration upon this occasion, the official journal of the Moniteur contained some severe reiiections upon the English cabinet, in relation to this real or pretended over- ture of pacification. "■ Either," says the French journalist, " the coalesced powers arc blind, or they must be now convinced, by the manner in which Mr. Wickham commenced his nego- tiations, that he wished they should speedily be broken off. " The following is the real signification of the note which he transmitted to our ambassador in Switzerland. ' The government which I represent, is too proud to acknow- ledge the French republic ; therefore I shall not give you, her minister, any qualification, and instead of naming the French government, I shall say simply France. I shall not tell you what are the conditions to which England and her allies will accede ; but I will dare to demand boldly from 3 7 ou, that France should first give me the precise knowledge of the propositions which she may have to make. In order that the absurdity of my conduct may be more striking, 1 declare to you, that I, who thus inter- rogate you, am not authorized to enter into any official negotiation or discussion with you.' " Undoubtedly, the directory might have dispensed with a reply to a negotiator who is not authorized to negotiate, B 4r 8 APPENDIX. The French government might have declared, that they would not disclose their intentions to any other than aa agent authorized to disclose the intentions of the English government. But probably such an answer, L >wever just, would have served the purposes of the British mi- nister ; perhaps it was to provoke it, that his envoy drew up so ex . aordinary a note * but it was more noble and "\v< hy of the French nation to say, " we see that you do not wish for peace, which you pretend to demand : peace, on the contrary, is the object of all our wishes. You ex- pect from us no explanation, but we will give you one. A part of the conquests made by our armies, has been united to the territory of the republic. The constitute onal act does not permit the government to alienate that territory. The other countries occupied by our armies may become the subject of negotiation." Such is the substance of the reply of the French go- vernment, yrt the British cabinet has published reflec- tions, in whicu they treat the pretensions of France as in- admissible, and declare that it only remains for England to prosecute the war. This is the object which the British ministers wished to attain. PROTEST AGAINST THE ADDRESS OF THE HOUSE OF PEERS, I.V ANSWER TO THE SPEECH FROM THE THRONE, AN* NOLNCING THS COMMENCEMENT OF A NEGOTIATION FOR PEACE WITH THE FRENCH REPUBLIC, OCTO- BER, 1796. On the 6th October, 1796, at the opening of the session, the king, in his speech from the throne, informed the two houses, " that the steps which he had taken for the purpose of restoring peace to Europe, had at length VOLUME X. 9 owned the way to an immediate and direct negotiation with France. " In their addresses, both lords and com- mons expressed their cardial approbation of this taeW sure. Lord Fitzwilliam alone, in the ipper house, declared his total dissent from it, and moved an amendment, im- porting, " that the house, strongly impressed with the justice and necessity of the present war, carried on for the maintenance of civil and i- oval order in the world, and for securing the balance : >wer in Europe, and the independence of all states, will continue to give his ma- jesty a vigorous support, in asserting the general cause of his majesty and his allies, and for preserving the good faith, dignity and honour of the crown, in full assurance, that ao steps shall be taken inconsistent with those prin- ciples," &c. This being negatived without a division, that nobt •:. m entered upon the journals of the house, a protest, containing no less than ten elaborate and distinct reasons for his non-concurrence in the address. This protest was generally affirmed and believed to be the pro- duction of Mr. Burke, and it bears strong internal marks fif his pen. dissentient, 1. Because by this address, unamended as it stands^ the sanction of the lords is given to a series of measures, as ill-judged with regard to their object, as they are dc-» rogatory from the dignity of his rmjesty's crown and from the honour of his kingdom, The reiteration of so- licitations for peace, to a species of power with whose very existence all fair and equitable accommodation is in- compatible, can have no other effect than that which it is notorious all our solicitations have hitherto had. They must increase the arrogance and ferocity of the common 10 APPENDIX. enemy of all nations ; they must fortify the credit and fix the authority of an odious government over an enslaved people ; they must impair the confidence of all other powers in the magnanimity, constancy, and fidelity, of the British councils ; and it is much to be apprehended, they will inevitably tend to break the spring of that energy, and to lower that spirit, which has characterized informer times this high-minded nation, and which, far from sinking under misfortune, has even risen with the difficulties and dangers in which our country has been in- volved. II. Because no peace, such as may be capable of re- cruiting the strength, economizing the means, augment- ing the resources, and providing for the safety of this king- dom, and its inseparable connexions and dependencies, can be had with the usurped power now exercising au- thority in France, considering the description, the cha- racter, and the conduct of those who compose that go- vernment, the methods by which they have obtained their power, and policy by which they hold it, and the max- ims they have adopted, openly professed, and uniformly acted on, towards the destruction of all governments not formed on their model, and subservient to their domination. III. Because the idea that this kingdom is competent to defend itself, its laws, liberties, and religion, under the general subjugation of all Europe, is presump- tion ia the extreme, contradictory to the supposed motives for our present eager solicitations for peace, and is certainly contrary to the standing policy both of state and com- merce, by which Great Britain has hitherto flourished. IV. Because, while the common enemy exercises his power over the several states of Europe in the way we have seen, it is impossible long to preserve our trade, or what cannot exist without it, cir naval power. This hos- tile system seizes on the keys of the '.ominions of these powers without any consideration of their friendship, their VOLUME X. it enmity, or their neutrality ; prescribes laws to them as to conquered provinces ; mulcts and fines them at pleasure ; forces them without any particular quarrel into direct hostility with this kingdom, and expels us from such ports and markets as she thinks fit, insomuch, that Eu- rope remaining under its present slavery, there is no har- bour which we can enter without her permission, either in a commercial or a naval character. This general inter- dict cannot be begged off; we must resist it by our power, or we are already in a state of vassalage. V. Because, whilst this usurping power shall continue thus constituted and thus disposed, no security whatever can be hoped for in our colonies and plantations, those in- valuable sources of our national wealth and our naval power. This war has shewn, that the power prevalent in France, by intentionally disorganizing the plantation system which she had in common with all other European nations, and by inverting the order and relations therein established, has been able with a naval force altogether contemptible, and with very inconsiderable succours from Europe, to baffle in a great measure the most powerful ar- mament ever sent from this country into the West Indies, and at an expense hitherto unparalleled : and has by the force of example, and by the effects of her machinations, produced, at little or no expense to herself either of blood or treasure, universal desolation and ruin, by the general destruction of every thing valuable and necessary for cul- tivation throughout several of our islands, lately among the most flourishing and productive. The new system by which these things have been effected, leaves our colonies equally endangered in peace as in Avar. It is therefore with this general system, of which the West India scheme is but a ramification, that all ancient establishments are essentially at war for the sake of self-preservation. VI. Because it has been declared from the throne, and in effect the principle bas been adopted by parliament, 12 APPENDIX. (hat there was no way likely to obtain a peace commonly safe and honourable, but through the ancient and legiti- mate government long established in France. That go- vernment in its lawful succession has been solemnly recog- nized, and assistance and protection as solemnly promised to those Frenchmen who should exert themselves in its re- storation. The political principle upon which this recog- nition was made, is very far from being weakened by the conduct of the newly invented government. Nor are our obligations of good faith pledged on such strong, motives of policy to those who have been sound in their allegi- ance dissolved, nor can they be so, until fairly directed efforts have been made to secure this great fundamental point. None have yet been employed with the smallest degree of vigour and perseverance. VII. Because the example of the great change made by the usurpation in the moral and political world, more dangerous than all her conquests, is by the present proce- dure confirmed in all its force. It is the first successful example furnished by history, of the subversion of the ancient government of a great country, and of all its laws, orders, and religion, by the corruption of merce- nary armies, and by the seduction of a multitude bribed by confiscation to sedition, in defiance of the sense, and to the entire destruction of almost the whole proprietary body of the nation. The fatal effects of this example must be felt in every county. New means, new arms, new pretexts, are furnished to ambition, and new persons are intoxicated with that poison. VIII. Because our eagerness in suing for peace, may induce the persons exercising power in France, erroneous- ly to believe that we act from necessity, and are unable to continue the war ; a persuasion which, in the event of an actual peace, will operate as a temptation to them to re- new that conduct which brought on the present war ; nei- ther shall we have any of the usual securities in peace. In VOLUME X. J3 their treaties they do not acknowledge the obligation of the law, winch for ages has been common to all Europe. They have not the same sentiments, nor the same ideas of their interest, in the conservation of peace, which have hitherto influenced all regular governments ; they do not in the same manner feel public distress, or the private misery of their subjects ; they will not find the same dif- ficulty on the commencement of a new war, to call their whole force into sudden action, where by the law, every citizen is a soldier, and the person and properties of all, are liable at once to arbitrary requisitions. On the other hand, no attempt has been made to shew in what manner, whether by alliances, by force, military, or naval, or by the improvement and augmentation of our finances, w« shall be better able to resist their hostile attempts after the peace than at the present hour. If Ave remain armed, we cannot reap the ordinary advantage of peace in economy : if we disarm, we shall be subject to be driven into a new war, under every circumstance of disadvantage, unless we now prepare ourselves to suffer with patience and sub- mission, whatever insults, indignities, and injuries, we may receive from that insolent, domineering, and unjust power. IX. Because the inability of humbling ourselves again to solicit peace, in a manner which is a recognition of the French republic, contrary to all the principles of the war ; the danger of peace if obtained, the improbability of its duration, and the perseverance of the enemy through- out the interval of peace in their mischievous system, is not conjecture, but certainty. It has been avowed by the actual governors of France, at the very moment when they had before them our application for a passport. They chose that moment for publishing a state-paper breathing the most hostile mind. In it they stimulate and ^oad us by language the most opprobrious and offensive. They frankly £ell us that it is not our interest to desire 14 APPENDIX. peace, for that they regard peace only as the opportunity of preparing frcsli means for the annihilation of our naval power. By making peace, they do not conceal that it will be their object " to wrest from us our maritime pre- ponderancy ;" to re-establish what they invidiously call the freedom of the seas ; to give a new impulse to the Spanish, Dutch, and French marines ; and to carry to the highest degree of prosperity, the industry and commerce of those nations, " which they state to be our rivals, which they charge us with unjustly attacking when we can no longer dupe;" and which they throughout contemplate as their own dependencies united in arms, and furnishing resources for our future humiliation and destruction. They resort to that well-known and constant allusion of theirs to an- cient history, by which representing " France as modern Rome, and England as modern Carthage," they accuse us of national perfidy, and hold England up " as an object to be blotted out from the face of the earth." They falsely assert that the English nation supports with impa- tience the continuance of the war, and has extorted all his majesty's overtures for peace " by complaints and re. proaches," — and above all, not only in that passage, but throughout their oflicial note, they shew the most marked adherence to that insidious and intolerable policy of their system, by which they from the commencement of the re- volution sought to trouble and subvert all the governments in Europe. They studiously disjoin the English nation from its sovereign. X. Because, havingacted throughout the course of this awful and momentous crisis upon the principles herein ex- pressed, and after having on the present occasion not only fully re-considered, mid jealously examined their sound- ness and validity, but gravely attended to, and scrupu- lously weighed the merits of all those arguments which have been offered to induce a dereliction of them, conscien- tiously adhering to, aud firmly abiding by them, I thus VOLUME X. IS solemnly record them in justification of my own conduct, and in discharge of the duty I owe to my king, my coun- try, and the general interests of civil society. WENT WORTH FITZWILLIAM. REMARKS. 1st , The main strength of this reasoning depends upon the absurd assumption, that the French republic is " a species of power" incapable of sustaining the common relations of peace and amity — an assumption contradicted by fact, as she had from the very commencement of the contest, actually maintained those relations with the Scan- dinavian powers, and had very recently concluded treaties of peace with Prussia, Spain, and the northern circles of Germany. As to the other part of the argument, that the solicitation of the British court would increase the arro- gance of the Gallic republic, this was the unfortunate and necessary consequence of the pride and folly of thr* system previously adopted by the British cabinet. 2^/y, As the former argument affirmed that the French were incapable of maintaining the relations of peace, and amity from the nature of their government, so this deduces the same conclusion from the character of their governors, which conclusion is equally contrary in both cases to pub- lic and acknowledged facts. Supposing the characters of the French directory to be eversoenormou >ly flagitious, is that a reason why they should wish to carry on a war against all the world? At all events, the charact< >fthe directory could not be worse than that of several oi iosc potentates whom the court of London had been proud to reckon amongst the number of her allies. 3d/y, To argue upon the supposition of the total subjuga- tion of Europe by France, appears perfectly absurd, w!u n there wasevery reason to believe thatagencral puace might at any time be made by the cession of the low coun . ei and Savoy to theGallic republic. But for England to carry 16 APPENDIX. on the war, fo^the purpose of recovering the low countries, in coujunction with Austria alone, when Holland was in the hands of the French, and Prussia, Spain, and Sardi- nia, had totally seceded from the confederacy, was the most egregious political quixotism — such indeed as it well became the authors of the present war to defend ; and on which, as is well known, the negotiation ultimately broke off. kthly ', It is difficult to make common sense of this rea- soning. If the temporary ascendancy acquired by France in this war, was in consequence of the defection of any of the powers of the alliance, and the submission of the neu- tral powers so great , and the injury done to the English commerce and naval power so extensive, as is here pre- tended, the plain inference is, that Britain should endea- vour to negotiate a peace for herself and her remaining allies, on the best terms that circumstances would admit* For unless the nations on the continent , by an unanimous and magnanimous effort, would exert themselves to repair their own losses, who will affirm that England either could or ought, unsupported, to fight their battles, or submit passively to their caprices? bthly, Here the genuine anti-jacobin system, equally extravagant in respect to its objects, and scarcely less bar- barous in its means, than the most furious jacobinism, dis- plays itself. If the reasoning contained in this article has any weight, the war with the jacobin republic of France must be a war ad inteinecicHiem, for it is declared to be a war of self-preservation. Yet surely the representation given of the relative state of things between the two coun- tries, affords but slender encouragement to persist in the contest. If France was able to effect so much mischief to Great Britain at so little expense to herself, it might reasonably be imagined that it would be worth while to try the experiment, whether she was not capable of maintain- ing the relations of peace and amity with England as well VOLUME X. 17 as with other powers. And to those not infected with the spirit of anti-jacobinism, it must unavoidably seem pro- bable, that France would sooner revert to a state of political sobriety during a season of internal and external tranquil- lity, than when irritated and exasperated by the systema- tic opposition of all the leading powers of Europe. 6th/j/, This plea for the pertinacious continuance of the war can scarcely be regarded as serious. The object of the war had indeed been repeatedly declared by ministers, and in effect announced from the throne, and echoed in the ad- dresses of the twO houses, to be the subversion of the jaco- bin republic of France. But certainly neither the king nor the parliament, had in any manner pledged themselves to prosecute the war, till this end should be attained. Four Successive campaigns had been tried, and the destruction of the jacobin govern merit appeared more hopeless than ever. Surely then those Frenchmen who were most zea- lously* attached to the ancient monarchy, could scarcely expect or even wish, if they retained any trace of it, der- standing, humanity, or gratitude, that Great Britain should still go on unavailingly to expend her treasure and her blood in an undertaking as desperate and impracticable as would be the attempt to scale the heavens, or to move the earth out of her sphere, Uhly, As to the effects which the example of France was calculated ultimately to produce, they were evidently far beyond the controul of the British government ; and under a direction infinitely wiser and better j must be left to the unerring decision of time to ascertain. If the exam- ple of France teaches the surviving governments of Eu- rope, equity and moderation, impressing upon them the necessity of timely and temperate reforms ; and if at the same time it serves as a lesson to bold and innovating spirits, of the extreme dangers attendant on the adoption of measures of violence, and appeals to the people against the government, even when the redress of the existing APPEND. VOL. X. C 18 APPENDIX. abuses arid grievances of the state is the grand and real object in view, the example may be highly beneficial to future ages. At all events, to urg« the prosecution of a hopeless and ruinous war, in order to obviate the effect of a bad example, is an extravagance perhaps no where to be found, but in the present memorable protest. Sl/f/y, All this is the mere specious but idle talk of a florid and sophistical declaiiner. When it was known to all the world, with what ease the government of Great Britain, during the war, not only raised those immense sums which were necessary to maintain the vast arma- ments, naval and military, of her own establishment, but with a lavish hand to subsidize almost all her allies; it is ridiculous to imagine, that France should conceive her overtures for peace, accompanied too as they were with circumstances of peculiar rudeness, to proceed from her inability, or disinclination to carry on the war. As to the permanence of the peace when once it was con- cluded, it would rest exactly upon the basis of every for- mer peace. Not, certainly, upon the sense of moral obli- gation entertained, and much less acted upon by the contracting parties ; but upon the absence of motives suf- ficiently powerful, arising from the passions of interest or ambition, to prompt the renewal of hostility. The go- vernment of France might surely, without any extraor- dinary concession in its favour, be acknowledged as just and moral as that of our high allies, Russia and Prussia; supposing an indulgent exception to be made since the death of the emperor Joseph II., in favour of Austria ; and it might be hoped that England, in case of au un- foreseen and unjust attack from France, or any other power, would be found not less able and ready to defend herself than at any former period of her history, for up- wards of seven hundred years past. 9thlj/, This article is too obviously and contemptibly weak to require any remark. To represent the acrimonious VOLUME X. 19 language and sentiments of art avowed enemy, as ex- pressed in a pnblic declaration or manifesto, to be, not presumptive merely, but demonstrative evidence of the precise and permanent system which that enemy would adopt after the restoration of peace, affords a melancholy proof of a mind enfeebled in the same proportion as it is inflamed by passion* Mr. Burke and his partisans, in their perpetual and furious invectives against the govern- ment and people of France, seem to have thought them- selves entitled to an exclusive charter for the privilege of railing. lOthlj/, The last argument being founded merely on the grounds of personal consistency, admits of no reply ; and it is only to be lamented, that a personage so re- spectable as lOrd Fitzwilliam, should suffer himself to ha made the dupe of a man, whose genius and eloquence in the latter years of his life, served merely to plunge him and many of his political adherents, in rectitude of heart far better than him, " deeper than did ever plummet sound," in the abysses of extravagance and absurdity. LORD MALMESBURY TO LORD GRENVILLE. Parish December 20, 1796. MY LORD, Mr. Ellis returned here from London on Thursday last the 15th instant, at five p. m. and delivered to me the dispatches with which he was charged by your lordship. Although nothing can be clearer, more ably drawn up, or more satisfactory, than the instructions they contain, yet as it was of the last importance, that I should be completely master of the subject before I saw the French minister, I delayed asking for a conference eg 20 APPENDIX, till late on Friday evening, with a view that it should not take place till Saturday morning. He appointed the hour of eleven a. in. on that day, and it was near one before we parted. Although what is said by IVI. De la Croix, before he communicated with the directory, cannot be considered as officially binding r and probably may in the event be very different from what 1 shall hear when he speaks to me in their name, yet as it is impossible they should not nearly conjecture the nature of the overtures I should make, and of course be prepared in some degree for them, it is material that your lordship should be accurately acquainted with the iirst impressions they appear to make on M. De la Croix. 1 prefaced what I had to communicate with saying, that I now came authorized to enter with him into delibe- ration upon one of the most important subjects that per- haps ever was brought into discussion ; that as its mag- nitude forbade all finesse, excluded all prevarication, suspended all prejudices, and that as I had it in com- mand to speak and act with freedom and truth, I ex- pected that he, on his part, would consider these as the only means which could or ought to be employed, if he wished to see a negotiation in which the happiness of mil- lions was involved, terminate successfully. That for greater precision, and with a view to be clearly under- stood in what 1 was about to propose ? I would give him a confidential memorial, accompanied by an official note-, both which, when he had perused them, would speak for themselves. The memorial contained the conditions, on the accomplishment of which his majesty considered the restoration of peace to depend. The note was expressive of his majesty's readiness to enter into any explanation re- I by the directory on the subject, or to receive any conire-projet resting on the same basis which the directory VOLUME X. 21 might be disposed to give in. That moreover, I did not hesitate declaring to him, in conformity to tiie principles which I laid down, ami from which I certainly never should depart at any period of the negotiation, that I was prepared to answer any questions, explain and elucidate, any points, on which it was possible to foresee that doubts or misconceptions could arise on the consideration of these papers. And having said thus much, I had only to re- mark, that I believed in no similar negotiation which had ever taken place, any minister was authorized in the first instance to go so fully into the discussion as I now was. That I was sure, neither the truth of this remark, nor the manifest conclusion to be drawn from it, would escape M. De la Croix's observation. I then put the two papers into his hands. He began by reading the note, on which, of course he could only express satisfaction. After perusing the confidential me- morial with all the attention it deserved, he after a short pause said, that it appeared to him to be liable to insur- mountable objections : that it seemed to him to require much more than it conceded, and in the event not to leave France in a situation of proportional greatness to the other powers of Europe. He said the act of their con- stitution, according to the manner in which it was inter- preted by the best publicists, and his phrase is worthy remark, made it impossible for the republic to do what we required. The Austrian Netherlands were annexed to it ; they could not be disposed of without Hinging the nation into all the confusion which must follow a convo- cation of the primary assemblies ; and he said lie was rather surprised that Great Britain should bring this for- ward as the governing condition of the treaty, since he thought he had in some of our late conversations, fully explained the nature of their constitution to me. I re» plied, that every thing I had heard from him on this point, was perfectly in my recollection, as it probably was c3 22 APPENDIX. in his; that though I had listened to him with that at- tention I always afforded to every thing he said, yet I had never made him any sort of reply, and had neither ad- mitted nor controverted this opinion ; that though 1 be- lieved I could easily disprove this opinion from the spirit of the French constitution itself, yet the discussion of that constitution was perfectly foreign to the purpose of my mission ; since, even allowing his two positions, viz. that the retrocession of the Austrian Netherlands was in- compatible with their ^laws, and that we ought to have known that before-hand, yet that there existed a droit public in Europe, paramount to any droit public they might think proper to establish within their own domi- nions ; and that if their constitution was publicly known, the treaties existing between his majesty and the emperor were at least equally public ; and in these it was clearly and distinctly announced, that the contracting parties re- ci] r 'cally promise not to lay down their arms without the resolution of all the dominions, territories, &c. which may have belonged to either of them before the war. That the date of this stipulation was previous to their an- nexing the Austrian Netherlands to France, and the no- toriety of this ought at the very moment when they had passed that law, to have convinced them that if adhered to, it must prove an insurmountable obstacle to peace. I applied his maxim to the West India islands, and asked him whether it was expected, that we were to wave our right of possession, and he required still to consider them as integral parts of the. French republic, which must be restored, and on which no value was to be set in the ba- lance of compensation ? I also stated the possible case of France having lost part of what she deemed her integral dominions, instead of having added to them in the course of the war ; and whether then, under the apprehension of still greater losses, the government, as it was now com- posed, should consider itself as not vested with powers sufficient to save their country from the impending dan- VOLUME X. 23 ger, by making peace on the condition of sacrificing a portion of their dominions to save the remainder? M. De la Croix said, this was stating a case of necessity, and such a mode of reasoning did not attach to the present cir- cumstances. I readily admitted the first part or this pn - positiofi, but contended that if the power existed in a case of necessity, it equally existed in all others, and parti- cularly in the case before us, since he himself h t re- peatedly told me that peace was what this country and its government wished for, and even wanted. M. De la Croix in reply shifted his ground, and by a string of arguments founded on premises calculated for this purpose, attempted to prove, that from he relative situation of the adjacent countries, the present govern- ment of France would be reprehensible in the extreme, and deserve impeachment, if they ever suffered the Ne- therlands to be separated from their dominions ; that by the partition of Poland, Russia, Austria, and Prussia had increased their power to a most formidable degree; that England, by its conquests, and by the activity and judgment with which it governed its colonies, had re- doubled its strength. Your Indian empire alone, said M. De la Croix with vehemence, has enabled you to subsidize all the powers of Europe against us ; and your monopoly of trade lias put you in possession of a fund of inexhaustible wealth. II is words were, ^ Votre empire dans l' In.de vous a fourni les moyens de salarier toutes les puissances de 1'Europe contre nous ; et vous avez accapare le commerce de maniere, que toutes les richesscs du monde se verscnt dans vos coffres." From the necessity that France should keep the Nether- lands and the Left bank of the Rhine, for the purpose of preserving its relative situation m Europe, he passed to the advantages which he contended, would result to the other powers, by such an addition to the French domi- nions. Belgium, to use his words, by belonging to France, c4 24 APPENDIX. •would remove what had been the source of all wars for two centuries past ; and the Rhine being the natural boun-f dary of France, would ensure the tranquillity of Europe for two centuries to come. I did not feel it necessary to' combat this preposterous doctrine. I contented myself with reminding him of what he had said to me in one of our last conferences, when he made a comparison of the weakness of France under its m anarchs, and its strength and vigour under its republican form of government. " Nous ne sommes plus dans la decrepitude de la France monarch ique, mais dans toute la forced'une republique adolescente," was his expression ; and I inferred from this, according to his own reasoning, that the force and power France had acquired by its change of government, was much greater than it could derive from any acqui- sition of territory ; and that it followed, if France when under a regal form of government, was a very just and constant object of attention, not to say of jealousy, to the other powers of Europe; France, admitting his axiom, was a much more reasonable object of jealousy and atten- tion under its present constitution than it ever had yet- been, and that no addition to its dominions could be seen, by its neighbours, but under impressions of alarm for their own future safety, and for the general tranquillity of Europe. M. De la Croix's answer to this was so remarkable, that I must beg leave to insert it in what I believe to be nearly his own words : — " Dans le tems rcvolutionnaire tout ce que vous dites milord etoit vrai, rien n'egaloit notre puissance ; mais ce tems n'existe plus. Nous nc pouvons plus lever la nation en masse pour voler au secours de la patrie en danger. Nousne pouvons plus engager nos concitoyens a ouvrir leurs bourses pour les verser dans le tresor national, et dv se priver merac du necessaire, pour le bien de la chose publique." And he ended by saying, that the French re-? public when at peace 2 necessarily must become the most VOLUME X. fs quiet and pacific power in Europe. I only observed, that in this case the passage of the republic from youth to decrepitude, had been very sudden ; but still that I never could admit that it could be a matter of indifference to its neighbours, much less of necessary security to itself, to acquire such a very extensive addition to its frontiers, as that he had hinted at. This led M. De la Croix to talk of offering an equi- valent to the emperor for the Austrian Netherlands, and it was to be found, according to his plan, in the se- cularization of the three ecclesiastical electorates, and se- veral bishopricks in Germany and in Italy. He talked upon this subject as one very familiar to him, and on which his thoughts had been frequently employed. He spoke of making new electors, and named, probably with a view to render his scheme more palatable, ;the Stadtholder, and the dukes of Brunswick and Wurtcm-. berg, as persons proper to replace the three ecclesiastical electors which were to be reformed. It would be making an ill use of your lordship's time, to endeavour to repeat to you all he said on this subject. It went in substance, as lie himself confessed, to the total subversion of the present constitution of the Germanic body, and as it militated directly against the principle which both his majesty and the emperor laid down so dis- tinctly, as the basis of the peace to be made for the empire ; I contented myself with reminding him of this circum- stance, particularly as it is impossible to discuss this point with any propriety, till his Imperial majesty becomes a party to the negotiation. I took this opportunity of hinting, that if on all the other points, France agreed to the proposals now made, it would not be impossible, that some increase of territory might be ceded to her on the Germanic side of her frontiers, and that this, in addition to the Duchy of Savoy, Nice, and Avignon, would be a yery great acquisition of strength and power. 20 APPENDIX. M. De la Croix here again reverted to the constitution, and said, that these countries were, already constitutionally annexed to France. — I replied, that it was impossible, in the negotiation which we w,ere beginning, for the oilier powers to take it up from any period but that which immediately preceded the war ; and that any acquisition or diminution of territory which had taken place among the belligerent powers since i first broke out, must nec< ssa- rily become subject matter for negotiation, and be. bah; n ed against each other in the final arrangement of a general peace. " You then persist," said M. De la Croix, " in .p- plying this principle to Belgium ?" 1 answered, a most certainly ! and I should not deal fairly with yf all descriptioas, civil and mili- tary, with the power of confirming and carrying .into ex- ecution the sentences of such courts-martial, and to issue proclamations. Ci The commander in chief calls on all the general officers to procure of the magistrates, the best account's they can ^ive, of the number of arms taken from the yeomanry and the well-affected, of arms that have been concealed, and of pikes that have been made, which are to be recovered and taken possession of by the military. " They are also to communicate to the people, through the priests, and by one or two men selected from each town-land, the purport of the following notice : " That the order, if complied with, will be a sign of their general repentance, and not only forgiveness will follow, but protection. " That they must be sensible, that it is infinitely better for them to remain at home, quietly mindipg their own affairs, than committing acts which must bring on the ruin of themselves and their families. " As it will be impossible in some degree, to prevent the innocent from suffering with the guilty, the innocent have means of redress, by informing against those who have engaged in unlawful associations, and robbing houses of arms and money." u The people must be very ignorant not to know, not- withstanding the fair promises of the French, that they VOLUMB X. p have first deceived, and then plundered every" country into which they come. And they are therefore fore- warned, that in case of invasion from the French, if they should attempt to join the enemy, or communicate with Jiim, or join in any insur-rection, they will be imme- diately put to death, and their houses and properties de- stroyed . " The general officers call on the people to know why they should be less attached to the government now, than they were n year ago, when they shewed so much loyalty in assisting his majesty's troops to oppose the landing of the French ? Is it not because they have been seduced b> wicked men ? " Why should they think themselves bound by oaths into which tliey have been seduced or terrified ? " The people are requested to bring in their arms to the. magistrates, or commanding officers In the neighbourhood, who have directions to receive them, and no questions will be asked. (Signed) i( JAMES DUFF." On the 7th of May, 1798, the following orders were issued by lieutenant-general sir James Steward. u Adjutani-gc Herat's office, Cork, May!, 1798. " Whereas, it has been represented to lieutenant-general sir James Steward, that in some parts of the country, where it has been necessary to station troops at free quar- ters, for the restoration of public tranquillity, that gene- ral subscriptions of money have been entered into by the inhabitants, to purchase provisions for the troops, by which means the end proposed, of making the burthen fal| as much as possible on the guilty, is entirely defeated, by making it fall in a light proportion on the whole, and thereby easing and protecting the guilty; it has been jthought proper to direct, that wherever the practice has 74 APPENDIX. been adopted, or shall be attempted, the general-officers commanding divisions of the southern district, shall im- mediately doable, treble, or quadruple the number of soldiers so stationed, and shall send out regular foraging parties, to provide provisions for the troops in the quanti- ties mentioned in the former notice, bearing day the 27th day of April, 1798, and that they shall move them from station to station, through the district or barony, until arms are surrendered and tranquillity be perfectly restored ; and until it is reported to the general-officers, by the gentlemen holding landed property, and those who are employed in collecting the public revenues and tithes, that all rents, taxes, and tithes, are completely paid up." On the 11th of June, 1798, major-general Nugent, after holding out certain offers and terms to the insurgents, ■proceeds to declare :— " That should the above injunctions not be complied with within the time specified, major-general Nugent will proceed to set fire to, and totally destroy the town of Kil- lincy, Killileagh, Ballinahinch, Sallitfield, and every cottage and farm-house in the vicinity of those places, carry off the stock and cattle, and put every one to the sword who may be found in arms. u It particularly behoves all the well-affected persons who are now with the rebels from constraint, and who it is known form a considerable part of their numbers, to exert themselves in having these terms complied with, as it is the only opportunity there will be of rescuing themselves and properties from the indiscriminate ven- geance of an army necessarily let loose upon them." But finally, the document which appears to us the most important of all, and to which we earnestly invite and press the attention of the house, is a public order issued about the middle of the- present month of June, 1798, in the following words : VOLUME X. 73 li Major-general Morrison requests that officers com- manding corps, will give the strictest orders, to prevent setting fire to houses or buildings of any kind, a mode of punishment that can lead only to the most pernicious con- sequences, and that seldom or ever falls on the guilty, but on the contrary, on the landlord, the wife and chil- dren of the criminals, who, however iniquitous the husband or father, ought always to be spared and pro- tected, " And he has likewise received orders from lieutenant- general Lake, that free-quarters are no longer to be per- mitted, neither are foraging parties to be allowed to go out, unless under the care of an officer, who is to be re* sponsible for every act, in order that the friends of govern- ment, the helpless and infirm, may not be involved in one indiscriminate mass of destruction with the rebellious and ill-disposed," The prohibition contained in this order, wise and humane as it is, is equivalent to a history of all the horri- ble transactions it alludes to, and establishes the truth of them by evidence, which cannot be disputed or suspected; and also confirms in the strongest terms, and on the irre- sistible proof derived from practice and experience, " that such a mode of punishment seldom or ever falls on the guilty, but on women and children, who ought always to be spared and protected ;" — and that its principal, if not only operation and effect, is " to involve the friends of government, the helpless and the infirm, in one mass of destruction with the rebellious and ill-disposed.'* Bedford, Albemarle, WentworthFitzwilliam, King, Ponsonby, Thanef, Jlolland, %$ APPENDIX. • DECREE OF THE GRAND SEIGNOR, PROMULGATED AT THE PORTE, SEPTEMBER 1, 1798. ! To you Journal- am pacha, these are addressed: Ev h r since the supreme vizir Izzed Mebemmed Pacha came to that .office, instructions were constantly given him to attend io\ the defence of the Ottoman dominions, and never to be off his guard against the plots of enemies* He, however, from selfish motives, has attended to nothing but bis own interest, so that in the dark himself, with respect to the evil designs of those /brutish infidels* the French, from not procuring proper intelligence, he did not apprise the inhabitants of Egypt thereof in good time. When tlveunhappy tidings from thenee came to our im- perial ear, a full month after that insufferable event had come to .pass, such were our grief and concern, that we take God to witness it drew tears from our -eyes, and de- prived us of sleep and rest. We have, therefore, immediately deposed him from ihe office of grand vizir, and have appointed in his place Yoursouff Pacha, governor of Erzerum, until \\ hose ar- rival at our sublime gate, we appoint and constitute you, Mustafa Bey, to be kaimakam. Now it -being incumbent upon all true believers to com- bat those faithless brutes the French, and it being become a positive duty for our imperial person to deliver the bless- ed territories from their accursed hands, and to revenge the insults which they have offered to mussulmans, no de- lay whatever is to take place for the arrival of the new vizir, but the most vigorous measures musf ;be pursued to attack them by sea and land. "Wherefore, by a deliberation with the illustrious lawy- * Original, swine. VOLUME X. ?7 *?rs, ministers, and chieftains, our subjects, you must with a full confidence in God and his prophet, fix upon the effectual means of freeing the province of Egypt from r\\e presence of such wretches. You will acquaint all the true believers in the respective quarters, that we arc at war with the French, and turning night into day, Mill apply your utmost etibrts to take revenge of them. Von will adopt the most vigilant conduct towards de- fending the other mahomedan provinces, and our impe- rial frontiers, from the plots and malice of the enemy, by the due reinforcement of every port and place with troops and military stores. You will likewise direct your zealous attention towards thf due supply of daily provisions to the inhabitants of ffcfe our imperial residence, and will watch over the affairs 6tf ;ill persons in general, until the supreme vizir do ar- rive. • We shall observe your exertions ; and may the omnipo- fent God ordain his divine favour to attend our undertak- ings, and render us successful in the vindication of our cause. MANIFESTO OF THE SUBLIME PORTE, COMMUNICATED TO OUR ESTEEMED FRIEND, THE MINI- STER PLENIPOTENTIARY OF THE COURT OF GREAT BRITAIN. I-X REBUILAK.IR, IN THE YEAR OF THE HEJ1RA, 1213 j (SEPTEMBER 1], 1/98). It is notorious , that the peace and good harmony which since time immemorial have existed between the Sublime Porte and the court of France, have never been in- terrupted by enmity and misunderstanding, butthaton the contrary, until this period, the Sublime Porte has made it her uniform and constant study, scrupulously to maintain* the treaties, to fulfil the duties of amity witt carQ, and ;a APPENDIX. upon every occasion to give proofs of her sincerity andi friendship. At the time when the revolution first broke out in France* six years ago, when most of the powers in Europe confe- derated against that country, the Sublime Porte, although a witness to the improper proceedings of those who hold the reins of government by usurpation, chose rather, in observance of her ancient amity with the French nation, to remain neutral ; and though she had been several times invited by the allied courtaio join with them, and to break with France ; although the troubles of that country bad become more and more violent at that particular period, when an army had reached near Paris ; whilst soon after the fortresses of Valenciennes, Conde, and Quesnoy, the keys of France on the northern side, were taken by the Austrian arms ; Toulon, the only arsenal of the French in ."he Mediterranean, had fallen into the hands of the Eng- lish, with the ships of war which were in it, and by an increased party of royalists in their provinces, the situa- tion of the government had become more critical, and per- plexing, and distress prevailed on every side, yet the Sub- lime Porte, notwithstanding that it depended only upon herself to join with the other powers, nevertheless, giving way to her known principles of justice, did no ways con- sent to deviate from the line of a neutral conduct. On the contrary, considering that if under the circum- stances of a strong famine, by whichFrance, blocked up by sea and land was afflicted, the Sublime Porte had also broken off her connexion, their distressed situation would have been such, as to throw the inhabitants into total de- solation and despair, she abstained from that measure ; and she hereby asks, whether it be not a fact, that the liberality which she has shewn to them from time to time^ has brought complaints against her from other powers ? The extensive advantages which the French have reaped from the Sublime Porte's remaining neutral during the VOLUME X. 79 course of the war, become clear and evident by a moment's glance at the events of the war, and the public transac- tions during that period. Whilst, therefore, in conside- ration of the uniform acts of condescension thus observed towards them by the Sublime Porte, they on their side, ought also to have been steady in preserving peace ; yet those among them who found the means of assuming to themselves the reins of government by favour of the revo- lution, began to devise various pretences, and under an illusive idea of liberty — a liberty so called in word, but which in reality knows no other laws but the subversion of every established government, after the example of France, the abolishment of all religions, the destruction of every country, the plunder of property, and the dissolution of all human society — to occupy themselves in nothing, but in misleading and imposing upon the ignorant amongst the people, pretending to reduce mankind to the state of the brute creation, and this to favour their own private interests, and render the government permanent in their own hands. Actuated by such principles, they made it their maxim, to stir up and corrupt indiscriminately the subjects of every power, whether distant or near, either in peace ar at war, and to excite them to revolt against their natural sovereigns and government. Whilst on the one hand, their minister at Constantinople, pursuant to that system of duplicity and deceit which is their custom every where, made professions of friendship for the Ottoman empire, endeavouring to make the Sub- lime Porte the dupe of their insidious projects, and to forward their object of exciting her against other friendly powers, the commanders and generals of their army in; Italy, upon the other hand, were engaged in the heinous attempt of perverting the subjects of his majesty the Grand Seignor, by sending agents, persons notorious for their in- triguing practices, into Anatolia, Morea, and the islands. 8d APPENDIX. of the Archipelago, and by the spreading manifestoes of the most insidious tenor; among which, the one addressed by Buonaparte to the people of Macrio, with several others distributed by the tame, are sufficiently known to the public. Upon the Sublime Porte's complaining to the directory of this conduct of their commanders and generals, their answer was, that all proceedings on the part of their offi- cers, contrary to friendship, were not with the consent of the directory ; that the same should be prevented, and their officers warned against it, the wish of the French government being to strengthen more and more the ancient friendship subsisting with the Sublime Porte. lu consequence of this answer, delivered officially orr their part, it was expected that the said generals would have left oil' their seditious pursuits. But nevertheless, no change appearing in their conduct, and their perseve- rance in such insidious practices being greater than ever, it became obvious, that the answers of the directory were only fictitious and deceitful ; that the intriguing attempts of their agents, could not but be dictated by the instruc- tions which were given them, and consequently that any further complaint would be of no avail whatever. Notwithstanding these transactions, however, the Sub- lime Porte, in the hopes of the directory altering its sys- tem of conduct, and laying aside the senseless pursuit of wishing to overturn the universe, in expectation of seeing things in France, from the harassed situation of that coun- try, at length take a different turn, by the people refusing to bear any longer those intolerable evils and disasters which have been brought upon them from the personal views of a few upstart individuals since the commence-' inent of the revolution ; and with the view of preventing secret enmity from producing an open rupture^ did not alter her course, but preferred keeping silence. In the beginning of the war with the other powers, tjae VOLUME X. 81 French government had declared, that their intention was not to acquire new territory, but on the contrary, to re- store every such conquest as might' have been made by their arms during the contest; contrary to which, they not only have kept possession of various extensive pro- \ inccs snatched by them from the belligerent powers, but not content with thus profiting by the changes which bad prevailed among the allied conrts, through their intrigues* have put off the mas!: entirely, and developing their secret views without reason or justice, have fallen upon several free and independent republics and states, who had held themselves neutral like the Sublime Porte, invading their territories vf lien least provided with the means of defence, and subjecting them to their will by open force and hos- tility. Thus no one being left to controul them, they tore the veil of all decorum at once, and unmindful of the obliga- tions of treaties, and to convince the world that friend- ship and enmiiy arc the same thing in their eyes, contrary to the rights of nations, ami in violation of the ties sub- sisting between the two courts, they came in a manner al- together unprecedented, like a set of pirates, and made a sudden invasion in Egypt, the most precious among the provinces of the Ottoman Porte; of which they took forcible possession at a time when they had experienced nothing from this court hut, demonstrations of friend- ship. Upon the first surmise of the French project to invade that province, Rufliri, their charge d'affaires at this resi- dence, was invited to a conference, where he was questioned officially about this business: he first declared he had no intelligence whatever respecting it ; but he gave it as a speculation of his own, that if such an enterprise ever proved true, it probably must be to take revenge of the beys, and to annoy and attack the English settlements in the East Indies. APPEND, vol. x. g 9» APPENDIX. In answer to this, it was circumstantially stated to him that the smallest attempt on the part of the French upon Cairo, on whatever pretext it might be founded, would be taken as a declaration of war, and thereby the friendship subsisting between the two courts since the most ancient times, would both in a legal and political sense be con- verted into enmity ; and the Ottoman empire would not suffer the loss of an handful of sand of the Egyptian ter- ritory ; that the whole Ottoman set would set itself in motion for the deliverance of those blessed lands ; and that if the chastisement of the beys of Egypt was neces- sary, it behoved the Sublime Porte to inflict it on them as her dependents ; that the interference of the French in this business was inconsistent with the rights of nations ; that the court of Great Britain being the dearest friend of the Ottoman empire, the Sublime Porte would never consent to the passage of French troops through her territory, to act against their settlements ; that in short, should even their expedition to Egypt have no other object but this, it would be equally construed into a declaration of war ; of all which lie was charged to make the earliest commu- nication to the directory in this very language. Dispatches bearing instructions to the same effect, were at the same time written to Ali Effendi, the Sublime Porte's ambassador at Paris, who was moreover directed to demand officially an explanation of the matter upon the spot. Before the communication sent by Ruffin to the direc- tory, and the dispatches transmitted by the Sublime Porte to her ambassador before named, a letter of an old date was received by the said Ruffin, expressing that Buona- parte's expedition to Egypt was true ; but that the object was to secure some commercial advantages, by bringing the beys to an account, and to hurt Great Britain ; that an ambassador had been appointed to prefer several pro- positions favourable to the interests of the Ottoman Porte, VOLUME X. 83 and to adjust the affair in question ; with this further ridi- culous hint, " that were the Porte to declare war for this against the republic, both courts would lay themselves bpen to an attack on the part of the emperor." All this, the said charge d'affaires delivered officially, aud he also presented a copy of that letter. Upon the other hand, in the answer received meanwhile from the Ottoman ambassador above-mentioned, it was stated, that in conformity to his instructions, he had had an interview with Talleyrand Perigord, the minister of ex- ternal relations, in which lie had produced his dispatches, explained their purport, and demanded officially a catego- rical answer ; that the said minister — forgetting, as it is to be supposed, the tenor of the letter which had been written to Ruffin some time before — positively disavowed the expedi- tion against Egypt, and said that Buonaparte's commis- sion had no other object but the conquest of Malta : that the abolition of the order there, being a measure condu- cive to the benefit of all the Turks, the Sublime Porte ought to feel even obliged by it ; that the directory had nothing more at heart than to maintain the peace existing with the Porte since time immemorial, and more and more to strengthen the same; thus bare-facedly exhibiting a farce of the most artful duplicity. The wide contradiction between the above two commu- nications being visibly afresh artifice, by which, to mis- lead the Ottoman Porte with her eyes open, and to gain time until intelligence could be procured respecting the affairs of Egypt, the result of which had not then come to their knowledge, must not this most extraordinary event be taken as a palpable demonstration, that the direc- tors of the French government, to second their own ambi- tion and arrogance, have actually lost all recollection of those laws observed and maintained in every regular government, and that no faith whatever is to be placed in their words and professions ? g 2 m afpendi::. From 1 lie tenor of their arbitrary proceedings and despo- tic conduct, as too well witnessed from first to last, it is clear and evident, that their project is no other, but to banish every orderly institution from the face of the world ; to overset human society, aiid by an alternate play of secret intrigue or open hostility, as best suits their end, to derange the constitution of every established inde- pendent state, by creating, as they have done in Italy, a number of small republics, of which the French is to be the parent mother, and thus to sway and to conduct every thing after their own will every where. Now Egypt being the portal of the two venerable cities, Mecca and Medina, and the present operations in that quarter, being of a nature affecting all the Mahommedau sect at large, the Sublime Porte, consistently with her ex- press declarations to the above French charge d'affaires, and through her ambassador, to the directory at Paris, feels compelled by every law, to resist the sudden and un- provoked aggressions and hostilities committed by the French as above, and with a full confidence in the assist- ance of the omnipotent God, to set about repelling and destroying the enemy by sea and land. Thus, to wage war ag'ainst France, is become a precept of religion in- cumbent upon all musselmen. In consequence whereof, the afore-named charge d'af- faires, together with the officers of that mission, have been sent to the Seven Towers, to be detained there as hos- tages until such time as Ali Eflendi before-named, and those of his retinue, be arrived from Paris ; and the con- suls, merchants, and French properties in Constantinople, and in other parts of the Ottoman empire, shall also be kept in deposit, and as a security, until the merchants depen- dents of the Sublime Porte, with their shipping and pro- perties, as also the public ships with their equipages, de- tained in the province of Egypt, prisoners of war, ex- cepted, be set at liberty. VOLUME X. 83 To repel the perfidy of these usurpers, who have raised the standard of rebellion and trouble in France, is a mea- sure in which not the safety and tranquillity of the Sub- lime Porte alone, but also that of all the powers in Europe, is concerned. Wherefore, the best hopes are entertained of the cordial co-operation of all friendly courts, as well as of their disposition to fulfil by every means in their power, tLeir duties of friendship and of assistance in the present cause. 1st Rebui/akir, in the year of the Hejira^ 1213. The contrast between the two preceding manifestoes is very amusing. The latter, containing some curious and interesting particulars, bears evident marks of being cast in the same mould whence the declarations of the English court had successively issued ; and was no doubt com- municated by the esteemed friend of his Sublime high- ness, the English ambassador to the Turkish ministry, previous to the communication of it by them to him. The Ottoman barbarism can scarcely be recognized amid the softenings and refinements of the Christian policy. And this is probably the only paper ever promulgated by the Turkish government, in which no dependence is pro- fessed on the protection, and even no mention made of the name, of their pretended prophet. END OF VOL. X. Printed by B. M'Millan lv»- Street, Gfcvcnt Garden :,i