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Oct. 1779.

plated all that is most facred amongst men. The firft difcovery, the uninterupted poffeffion of two hundred years, and the confent of all nations, were fufScient to ascertain the rights of Great Britain over the lands of North America, nd its fovereignty over the people that ad fettled there, with the permiffion, and under the government, of the King's redeceffors. If even this people had ared to shake off the yoke of authority, r rather of the laws; if they had ufurpd the provinces and prerogatives of eir fovereign; and if they had fought be alliance of strangers to fupport their retended independence; thofe ftraners could not accept their alliance, rafy their ufurpations, and acknowledge eir independence, without fuppofing, at revolt hath more extenfive rights tan those of war; and without grantg to rebellious fubjects a lawful title to nqueft, which they could not have ade but in contempt of both law and ftice. The fecret enemies of peace, Great Britain, and perhaps of France erfelf, had nevertheless the criminal exterity to perfuade his Moft Chriftian lajefty, that he could, without violang the faith of treaties, publicly detare, that he received the revolted fubs of a king, his neighbour and ally, to the number of his allies. The prohons of friendship which accompanied at declaration which the Marquis de loailles was ordered to make to the ourt of London, only ferved to aggraate the injury by infult; and it was rerved for France to boaft of pacific difofitions, in the very inftant that her mbition inftigated her to execute and Vow an act of perfidy, unexampled in he hiftory of nations. Yet fuch is the anguage which the court of Verfailles lares allow itself to ufe: "Yet it would e wrong to believe that the acknowedgement that the King has made of the ndependence of the Thirteen United tates of North America, is what has nraged the King of England: that rince is, without doubt, not ignorant of all the examples of the like kind that the British annals, even thofe of his own reign, do furnish."- But thefe pretended examples do not exift.-The King never acknowledged the independence of a people who had fhaken off the yoke of their lawful prince. It is doubtless very afflicting, that the minifters of his Moft Chriftian Majefty have cheated the VOL. XLI.

piety of their fovereign, to cover, with
fo refpectable a name, affertions without
either foundation or likelihood, which
are contradicted by the memory of all
Europe.

At the commencement of the disputes
which arofe between Great Britain and
her colonies, the court of Versailles de-
clared, that it did not pretend to be a
judge of the quarrel; and its ignorance
of the principles of the British conftitu-
tion, as well as of the privileges and ob-
ligations of the colonies, ought to have
That would
engaged it to perfift always in fuch a wife
and modeft declaration.
have fpared it the fhame of tranfcribing
the manifeftoes of the American Con-
grefs, and of pronouncing now, "That
the proceedings of the court of London
had compelled its ancient colonies to have
recourfe to arms for the maintenance of
their rights, their privileges, and their
liberty.'

Thefe vain pretences have been already refuted in the moft convincing manner, and the rights of Great Britain over that revolted people, her benefactions, and her long patience, have been already proved by reafon and by facts [38. 26, 706.]. It is fufficient here to remark, that France cannot take any advantage of the injuftice with which the reproaches the court of London, without introducing into the jurisprudence of Europe, maxims, as new as they are dangerous; without fuppofing that any disputes which may arite in the bosoin of a fovereign independent ftate, are fubmitted to the jurifdiction of a foreign prince; and that that prince can fummons before his tribunal, his allies, and their revolted fubjects, to juftify the conduct of a people who have ridded themfelves of the duties of lawful obedience. The minifters of the Most Christian King may, perhaps, one day perceive, that ambition hath made them forget the rights of every fovereign. The approbation that the court of Versailles hath given to the revolt of the English colonies, will not permit it to blame an infurrection of its own fubjects in the New World, or thofe of Spain, who may have more cogent motives to follow the fame example, if they were not averted from it by a fight of the calamities in which thefe wretched colonies have plunged themselves.

[An argument urged [40. 463.] by one of our correfpondents.]

3 Y

But

But France herself appears to feel the weakness, the danger, and the indecency of these pretenfions; when, in the declaration of the Marquis de Noailles, as well as in her last manifefto, the quits her hold on the right of independence: the is content to maintain, that the revolted colonies enjoy, in fact, that independence they have beftowed on themfelves; that even England herself in fome fort acknowledges it, in fuffering acts of fovereignty to fubfift; and that therefore France, without any violation of peace, might conclude a treaty of friendhip and commerce with the United States of North America.-Let us fee in what manner Great Britain had acknowledged that independence, equally imaginary in right, as in fact. Two years had not yet elapfed from the day in which the rebels declared their criminal refolution of fhaking off the yoke of their mother-country, and that time had been occupied by the events of a bloody and obftinate war. Succefs had hung in fufpenfe, but the King's army, which poffeffed the most important maritime towns, continued always to me. race the interior provinces. The Englifh flag reigned over all the American feas, and the re-establishment of a law ful dependence was fixed as the indifpenfable condition of the peace with Great Britain offered to her revolted fubjects, whofe rights, privileges, nay even whofe prejudices, the refpected. The court of Verfailles, which announced, with fo much openness and fimplicity, the treaty igned with the pretended States of America, which it found in an independent fituation, had alone contributed, by its clandeftine fuccours, to foment the fire of revolt; and it was the dread of peace that engaged France to employ the rumour of that alliance, as the most effecul means, to enflame the minds of the people, who began already to open their eyes upon the unfortunate confequences of the revolt, the tyranny of their new leaders, and the paternal difpofition of their lawful fovereign.

Under fuch circumitances it is impoffible, without infulting in too grofs a manner both truth and reafon, to deny, that the declaration of the Marquis de Noailles, of the 13th of March 1778, onght to be received as a true declaration of war on the part of the Moft Chriian King; and the affurances, "that he had taken eventual meafures, in con

cert with the United States of America,
to maintain a freedom of commerce,"
which had fo often excited the juft com-
plaints of Great Britain, authorised the
King, from that moment to rank France
in the number of his enemies. The
court of Versailles could not avoid ac-
knowledging, that the King of England, ja
after having "recalled his ambafador, E
denounced to his parliament the me
fures taken by his Majefty as an act of
hoftility, as a formal and premeditated
aggreffion." Such was, indeed, the de-vis
claration which both honour and juftice
demanded from the King, and which he
communicated, without delay, to the
minifters of the different courts of Eu
rope, to justify beforehand the effects of
a lawful refentment. From thence it i
ufelefs to feek for orders that were fent}
to the Eaft Indies, to remark the precife
day when the fleets of England or France
quitted their refpective ports, or to fer
tinize into the circumftances of the ac
tion with the Belle Poule, and the taking
two other frigates, which were actually
carried off in fight of the coafts of
France. Hence the reproach made m
the King of having fo long fufpended
formal declaration of war, vanishes
itself. Thefe declarations are only the
meafures that nations have reciprocally
agreed on, to avoid treachery and fur
prife; but the ceremonies which and
nounce the terrible exchange of pract
for war, the heralds declarations and me
nifeftoes, are not always neceffary,are not
always alike. The declaration of the
Marquis de Noailles was a fignal of the
public infraction of the peace. The
King directly proclaimed to all nations,
that he accepted the war which Frar
offered; the last proceedings of his Ma
jefty were rather the offspring of his pr
dence, than his juftice, and Europe may
now judge if the court of London ward-
ed means to "juftify a declaration
war, and if she did not dare to accuki
France, publicly, of being the aggre
for.”

Since the alliance of France with the
revolted colonies of America was a ma
nifeft breach of the peace, and a lawin
motive of war, the court of Verfall
might naturally have expected, that
the firft propofal or an accommed.tum
of the two crowns, the King would
fift on a juft fatisfaction on fo imponat
an object; and that France frouk re
nounce thofe connections which
Compell

02.1779.

Great Britain's Anfwer to the French Manifefto.

539

miffion of treating directly with his rebellious fubjects. But if the Americans themfelves are not blinded by passion and prejudice, they will fee clearly in the conduct of France, that their new allies will foon become their tyrants, and that that pretended independence, purchased at the price of fo much mifery and blood, will be foon fubjected to the defpotic will of a foreign court.

ompelled his Majefty to take arms. The ffected furprife that the minifters of the 1oft Chriftian King fhow at prefent at The ftedfaftnefs of the court of London, sagreeable enough to the pride that dicated conditions of peace which the reateft fuccefs could have scarcely juftied; and the propofition which they entured to make, to engage the King › withdraw his troops from America, nd to acknowledge the independence f his revolted fubjects, could not but (cite his Majefty's aftonishment and ingnation. The little opening which the urt of Verfailles found to fuch a vain ope, obliged it foon to turn in another anner. It propofed, by the intermeation of the court of Madrid, a heme of accommodation lefs offenfive, rhaps, in form, but inadmiffible in its undation. The Catholic King, with e confent of France, communicated to e King's minifters a propofal for a truce many years, or a general and inderminate fufpenfion of all hoftilities, iring which the revolted colonies, the etended United States of North Ameca, fhould be treated as independent fact. The moft trifling reflection ould be fufficient to unveil the artifice f this infidious fcheme, and juftify the ing's refufal to the eyes of Europe. 'ruces for years, and ceffations of arms etween fovereigns who are at war, but knowledge each other, are mild and lutary means to fmooth the difficulties hich oppofe the entire conclufion of a eace, which may be referred to a more vourable moment, without difgrace or anger. But in the domeftic quarrel of ¡reat Britain and her colonies, the foereignty itself, the independence both 1 right and in fact, is the object of difute. And the King's dignity will not ermit him to accept of thofe propofals, hich, from the very beginning of a neotiation, grant all that can fatisfy the mbition of the rebellious Americans, whilft they exacted from his Majefty, without any ftipulation in his favour, hat he should defift, for a long or indeinite term, from his moft lawful preten. ions. It is true, the court of Verfailles vouchfafed to confent, that the court of London might treat with the Congrefs, -ither directly, or by the intervention of the King of Spain. His Majefty, certainly, will not fo much demean himself as to complain of that infolence, which feems to grant him, as a favour, the per

If France could verify that eagerness which the attributes to the court of London to feek the mediation of Spain, a like eagernefs would ferve to prove the King's juft confidence in the goodness of his caufe, and his eftcem for a generous nation which hath always defpifed fraud and perfidy. But the court of London' is obliged to own, that the mediation was offered to it by the minifters of the Catholic King; and it claims no other merit, than that of having shown, on all occafions, a lively and fincere inclination to deliver its fubjects, nay even its enemies, from the fcourge of war. The conduct of the court of Madrid, during that negotiation, foon fhewed the King, that a mediator who forgets his own deareft interefts, to give himself up to the ambition, or refentment, of a foreign power, must be incapable of propoling a fafe or honourable accommodation. Experience confirmed thefe fufpicions; the unjust and inadmiffible fcheme juft mentioned, was the fole fruit of this mediation. In the fame inftant that the minifters of the Catholic King offered, with the moft difinterested profeffions, his capital, his good offices, his guaranty, to facilitate the conclufion of the treaty, they fuffered to appear from the bottom of obfcurity new fubjects for difcuffion, particularly relative to Spain, but upon which they always refufed to explain themfelves. His Majefty's refufal to accede to the ultimatum of the court of Madrid, was accompanied with all convenient precaution and refpect; and unless that court will arrogate to itfelf a right to dictate conditions of peace to an independent and refpectable neighbour, there was nothing paffed in that conjuncture, which ought to have altered the harmony of the two crowns. But the offenfive meafures of Spain, which fhe could never clothe with the fairest appearances of equity, will foon fhow that he had already taken her refolutions; and that thefe refolutions had been infigated by the French miniftry, Y 2

3

whu

who had only retarded the declaration of the court of Madrid, from the hope of giving a mortal blow to the honour and interefts of Great Britain under the mask of friendship.

PARLIAMENT. [484.]

ON the 17th of February, Sir William Howe ftood up, and said, that imputations had been thrown on himself, and his brother, for not terminating the American war laft campaign; the very contrary of which he would venture to fay would appear when an inquiry was inftituted. For this purpose he had a motion to make. It would appear whe ther the fault lay in the commanders of his Majefty's fleets and armies, or in the minifters of ftate. Whoever it was that deferved cenfure, he hoped would meet with it. He should therefore move,

Such are the unjuft and ambitious enemies, who have defpifed the faith of treaties, to violate the public tranquillity, and against whom the King now defends the rights of his crown and people. The event is yet in the hands of the Almighty; but his Majesty, who relies upon the divine protection, with a firm but humble affurance, is perfuaded, that the wishes of Europe will fupport the juftice of his caufe, and applaud the fuccefs of his arms, which have no other object" That copies be laid before the House he than to establish the repofe of nations on a fold and unfhaken bafis.

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The third point is, Whether the fpecification is fuch as inftructs others to make it. For the condition of giving the encouragement is this, That you muft fpecify upon record your invention in fuch a way as fhall teach an artift, when your term is out, to make it, and to make it as well as you, by your directions; for then, at the end of the term, the public have the benefit of it. The inventor has the benefit during the term, and the public have the benefit after. But if, as Dr James did with his powders, the fpecification of the compofition gives no proportion, there is an end of his patent, and, when he is dead, no body is a bit the wifer. The materials were all old; antimony is old, and all the other ingredients. If no proportion is fpecified, you are not, I fay, a bit the wifer: and therefore I have determined, in feveral cafes here, the fpecification muft ftate, where there is a compofition, the proportions; fo that any other artist may be able to make it, and it mult be a leffon and direction to him by which to make it if the invention be of another fort, to be done by mechanifm, they muft defcribe it in a way that an artilt must be able to do

it.

of all letters that paffed between Sir William Howe and Lord George Germain, fince the 6th of Auguft 1775 to the 16th of November 1778."

Lord Howe wished to retire from all public men and public meafures, but he wifhed at the fame time to do it with honour. The King had been graciously y pleafed to honour the General [Sir Wil liam Howe] and himself with his royal approbation, but miniftry had with-held it from them. He therefore hoped the Houfe would be unanimoufly of opinion that an inquiry into the American wat was neceffary, in order to fhew whether it was the fault of the commanders, or of adminiftration, that it had not beca clofed.

Lord North professed great respect for the two commanders, and faid, he was not to be charged with any want in hi duty to them. As to their conduct the American war, he had never cenfired it. He had never pronounced eithe the General or the Noble Lord to blan in any part of it; and as to giving them the approbation of adminiftration, opportunity had offered for doing it nor could he think the propofed inqu ry at all neceffary or expedient; though it met with his acquiefcence it was not because it was agreeable him, but because it was agreeable to the Honourable Gentleman who al moved the matter, and his Noble bro ther.

Mr Burke obferved, that a confeffion had fallen from the Noble Lord of ra little value. He had admitted the two commanders had not been to blame, ur that an inquiry into the war was at all neceffary or expedient; and if that real ly was the cafe, namely, that an inquiry

as not neceffary or expedient, there ould then be no blame at all to be traed. He hoped, however, that the paers called for would be laid before the Houfe, that juftice might be done. Gov. Johnftone faid, as a member of arliament he had a right to exprefs his pinion on the conduct of any perfon eting in a great public truft. It was in hat light he had faid what were his feniments of the American war, and the ommanders employed there; and he auft confefs, that he always had conemned the fouthern expedition, which now understood to be a plan of the wo commanders, and not in confeuence of any inftruction from home. This indeed was not his own judgement, but the opinion of officers very high in the fervice, who were also ready to join with him in thinking, that the armaments fent out under Lord and Sir Willian Howe were adequate to all the purpoles they were to effect. He hoped the inquiry into it would be as full as it ought to be; fince the southern expedition was, in his opinion, the grand cause of the lofs of our northern army under Gen. Burgoyne, and every fubfe quent misfortune. He fhould therefore, as he had promised, fecond the motion. But he was no accufer. He ftood up as a member of parliament; and thought reproaches came with a very ill grace, for his having occafioned an inquiry which those who made them, long ago thought highly neceffary and expedient. Lord Howe hoped, as the Governor did not cenfure the expedition to Philadelphia on his own opinion, but the feniments of many officers, he trufted, when the proper time arrived, he would produce those officers; when, he doubt ed not, he should owe a vindication of his conduct to the good offices of his Hon. friend.

Mr Fox faid, he could by no means affent to the opinion, that the force under the two commanders had been ade. quate to the end in view. He muft ad5pt the very oppofite opinion, because he force had been found inadequate. Indeed ten times the force would have been equally fo. It was the force of uftice that refifted them, and that was a orce never to be fubdued. Yes, there vas a time when his Hon. friend [Gov. Johnstone] was pleased to think fo, and hat England, when fhe went against Aerica, fought against juftice. But he

did not wonder at the attempts that had been made to depreciate the Noble Lord, and his gallant brother. Every commander was to be abused and traduced. How was a man to get into the esteem of adminiftration? Why, he was to blacken the character of our commanders, and he was fure to fucceed. On the other hand, let a man but speak well of them, and he was fure to draw the enmity of miniftry upon him. Hence Sir William Howe, and his Noble brother, Sir Guy Carlton, Gen. Burgoyne, Adm. Keppel, were the objects of minifterial malignancy, and in proportion as they were written down, fo was the perfon by whom it was done, raised in the eftimation of administration. Every attack upon them was made for government, But the ministry had no defire to go into an inquiry of the American war. They had had enough of trials. The courtmartial on Adm. Keppel had given them a dofe. They wanted no more inquiries. It had furnished them with a text on the conduct of their own commanders, and they were fick. Yes, they were fick of it to their fouls; and while a general happiness had diffused itself through all ranks, while people of all denominations were in a manner intoxicated with joy, felicitating one another at fo glorious, fo illuftrious an event, propitious equally to the caufe of virtue, and of maritime glory, those base, thofe treacherous, thofe pitiful minifters, were fhut up in darkness, brooding o'er their horrors of disappointment. They faw not the illuminations, but retired from the tranfports of the world. The portly building of the admiralty wore a difmal afpect, forrow hung about it. But the malice of adminiftration was to check, if poffible, the happiness felt on the occafion. An obfolete act of parliament was therefore raked up, a clause resorted to, to try capitally a young man, a Mr Mackie, found in the most alarming act of breaking the windows of Sir Hugh Pallifer's houfe. This act of parliament, fo feidom heard of, and never but on the most extraordinary occafions, was to be used to the conviction of this young man to morrowmorning, as he understood from very good authority; not for breaking windows, not for hurting Sir Hugh Pallifer's houfe, much lefs demolishing it, but for being pleafed at the acquittal of Adm. Keppel. That was the crime for which he was to be hanged; that was the

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