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The laft offer is a grofs affront to the very being of parliament, and to the people, who alone can conftitute a House of Commons. The commiffioners offer a reciprocal deputation of an agent or a gents, from the different ftates, who fhall have the privilege of a feat and voice in the parliament of G. Britain; or if fent from Britain, in that cafe to have a feat and voice in the affemblies of the different ftates to which they may be deputed respectively, in order to attend the several interefts of those by whom they are deputed. In the three conciliatory acts not a fyllable is to be found of any fuch intention in the legislature. Were agents from the different states of America to have a voice in this Houfe to tax G. Britain, when by the fame conciliatory acts they themselves and America could not be taxed?

It is poffible, Sir, that the commif. fioners might be as little in earneft to fecure effectually to the Americans what was offered, as they were at the time to demonftrate their good faith. They ventured, Sir, to affure the congrefs, that the three conciliatory acts paffed with fingular unanimity. The contrary is known to be fact. I now, Sir, fee many gentlemen in their places, who oppofed all the three bills. When a bill of great importance paffes with unanimity, I believe, Sir, that you think it your duty to give it a farther weight by the addition of a nemine contradicente in the Votes. In the Votes, Sir, you have not given that fanction to any of the three conciliatory bills. By the words fingular unanimity, an Englishman would conclude, that this was the fingular inftance of unanimity that feffion, in refpect to the three acts, which were confidered as one, and paffed on the fame day; the learned Scottish fecretary of the commiffioners must think differently; for I find eight inftances, and perhaps there are more, in the fame feffion, of refolutions and orders paffed, and entered in the Votes nemine contradicente. Of this number are those respecting the calling out of the militia, the relieving of the RomanCatholics from certain penalties and difabilities, and Lord Chatham's annuity act. With the fame regard to truth, he makes the commissioners declare in their proclamation, that the French monarchy ever has been, and in its conftitution ever muft be, an enemy to all freedom of laws and religion. I own, Sir, I was

furprised at such an affertion from a g tleman who had acquired great repu tion beyond the Tweed as profeffor moral philofophy in the university of dinburgh. I thought that the Fren nation were formerly called Franks, fro the freedom of their conftitution: I ha read in the best authors *, that the pe ple of France were wont to be bound fuch laws only as they had publicly greed to in their parliaments, and th the people were confulted about th heads of all new laws, and after they h given their confent, they fet their hand and feals to each article. Such was th power of the people, till the tyranny their kings, in later times, swallowed u all the rights of that nation.

Gov. Johnftone. Sir, I fhall not di pute with the Hon. gentleman abou matters of verbal criticifm, concernin the purport and tenor of which I know he is a perfect mafter, and much my fu perior but upon the fubftantial part to which he has objected, I will endea vour to give the House fome informa tion. But firft he will give me leave to remark, that the scope of his argument does not bear the ftamp of that accuracy for which he is fo noted; for he blame the commiffioners for offering articles to extenfive, and tantamount to independ ency, and yet he concludes his speech by telling you, independency fhould have been declared laft year, and it should be declared at prefent. Now furely, Sir, it ill becomes him who wishes the Ame rican colonies to be declared independent, to find fault with those who ap proached fo near to what he confiders right to be done. The more ample the conceffions, the more they should merit his approbation, according to his own principles. But, Sir, I confider the propofitions offered by the commiffioners as wide and diftinct from that of declaring the United States free and independent of this country. The Congrefs thought them different, or they would have accepted the propofition to treat on the terms offered. The French think fo, or they would not continue a war that must prove fo injurious to them. It is true, to all good purposes they would be independent; but not to the bad and wicked purpose of forming foreign alliances for

• Lord Molefworth, who wrote the ac count of Denmark, tranflated an excellent treatise on this fubject of the famous civilian Francis Hotoman, called Franco Gallias

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the deftruction of this country, which the firft dispatch to the Congress could not be obtained. In this fituation, to expect that the Congrefs or their army would leave their high and profitable fituations, when all the fears from exertion, or dubious conteft, were removed, was not to be imagined; much less that new converts would come into your caufe, when the fad example of others, who had been deceived and deluded by your promises, stared them so full in the face. At the fame time it became neceffary for the commiffioners to do some thing, and the moft extenfive propofitions that could be framed under the instructions, were therefore the most probable to fucceed, if not with the Congrefs, at least with the people at large, who would now fee, they had no longer any just object for the enduring the calamities of war, excepting the ambition of their leaders.

has cherished them with fo liberal a hand. By the propofitions of the commiffioners they must acknowledge the fame king, and unite in the fame interefts with Britain; they must consequently maintain the fame allegiance, and be subject to haws for treafon against his Majefty. It is tme, the offers are very extenfive; but fuch as think them too extenfive, mut blame the misconduct of those who hrought our affairs to so desperate a crifis; and not the commiffioners, who were brought to propofe, at once, the utmoft terms which they thought them felves intitled to offer, as the only probable chance of fucceeding; and the if îne proved, that, large and extenfive as the terms are, the commiffioners did not exceed the length which it was neceffary to go for obtaining the object in view; for, in fact, the ruling power in America has rejected these overtures as infufficient; and confequently no harm can be alledged to have arisen on that account. Those who confider the terms as too extenfive, or who think that lefs ought to have been offered at first, should know exactly the fituation in which the commiffioners found themselves at the time of propounding them, before they can adge of their conduct in that refpect. They left England with a full belief, that the great military force in America was to co-operate with the conceffions they had to make. Inftead of any movement from the army, to give weight and confequence to the terms of conciliation, or ders had been sent to abandon Philadelphia, and to leave, in the moft piteous condition, thousands who had joined your ftandard, or fought your protec. tion. The orders had been made public; the city was in the utmost consternation; a more affecting fpectacle of woe I never beheld. The commanders in chief to whom the orders were fent, thought them, in all their train of confequences, fo complete a direliction of our intereft in America, that they had (no doubt from the best and moft hoSourable motives) advised fome of the principal men who had adhered to our cafe, to make their peace with the Congrefs; and many hundreds had in conSequence begun their negotiations, and taken the oaths of allegiance to the different ftates. The orders to the army were fo peremptory, that even the delay of four days to receive an answer to

The commiffioners had prepared a let ter for the Congrefs in a very different ftyle, merely acquainting them of our arrival, and of our powers, and with our friendly difpofitions to promote a reconciliation, intending to have waited their anfwer; but the unexpected fituation of affairs, occafioned by those orders I have mentioned, which had been concealed from us before leaving England, though dated near a month before our departure, obliged us to alter our resolution, and adopt the propofitions that are complained of, with a view of informing the people at large of our fair and friendly difpofitions, and of the utmost length to which we thought ourfelves intitled to go. For, befides the evacuation of Philadelphia, the commiffioners knew that 8000 of those veteran troops were to be fent off, and that Gen. Clinton had actually meditated to abandon New York also.

Nevertheless, under all thefe difadvantages, the articles complained of will by no means bear the construction which the Hon. Gentleman endeavours to put upon them. He afferts to the Houfe, and applies his obfervation to the country-gentlemen in particular, that after beginning the war on the principle of obtaining a revenue, we are at laft come to offer to pay all the debts contracted by the Americans in the courfe of it. Now I affert, the article does not bear fuch a meaning; that no forced conftruction of language can vindicate fuch an interpretation; that it never was fo intended, or fo understood

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by any perfon in America. The words are general, "That we were difpofed to concur in measures calculated to difcharge the debts of America, and to raife the credit and value of the papercirculation." Does not every one see, that the confent of his Majefty would be wanting, upon a return to the ancient conftitution, to several acts neceffary for this purpose, in liquidating the papermoney? Can any one be fo inconfiderate as not to observe, that whatever reconciliation fhall take place, that this of eftablishing the paper-currency on fome certain footing must be among the firft measures to be pursued. A ceding of the quit-rents and vacant crown-lands, and relinquishing the port-duties, and impofing others on all foreign merchandife, might also be in contemplation. I can affure the Hon. Gentleman, that the payment of the debt by this country was never dreamed of, although there are many schemes whereby the credit of this country might be employed to affift the colonies, for the mutual benefit of both. The article being general, muft ftand unexceptionable to every unprejudiced mind who is not disposed to cavil, and it is liable to none of the interpretations attempted to be put upon it.

The next article the Hon. Gentleman finds fault with, is the propofition "for a reciprocal deputation of an agent, or agents, from the different ftates, who fhall have the privilege of a feat and voice in the parliament of G. Britain, or if fent from Britain, in that cafe to have a feat and voice in the affemblies of the differ ent ftates to which they may be fent, in order to attend to the several interefts of thofe by whom they are deputed." Upon this fubject I have only to fay, that from its nature this, as well as every other agreement, was fubject to the approbation of parliament; that it appeared to me and the commiffioners a moft eligible article for both parties, if it could have taken place. Many able and judicious authors in the course of this difpute have held, that the Americans have a right to a representation in the general laws that are to bind them; many members in this Houfe have uttered the fame doctrines, and, if I mistake not, the Hon. Gentleman himself. In the plan of reconciliation proposed, many important regulations in trade, and of internal as well as external policy, muft neceffarily take place, which might affect either

party, befides that of levying money. reprefentation by the votes of freeh ers, in the first inftance, could never carried into execution acrofs the Ati tic ocean, from the impoffibility of det mining controverted elections. The folute choice of the reprefentative m be determined in the country from wh the deputation is fent. The numb are fo fmall, that no jealousy could r fonably be created against the interefts the refpective countries by the privile to be annexed. Much knowledge a information would be derived to bo Many evils might thereby be stopped their first progrefs. The fituation wou be moft eligible and refpectable for the who might be chofen. Is it poffible, fuch an establishment had exifted, th the feveral mistakes we have committe refpecting that diftant country could po fibly have happened? Neither, indeed could the people in America have bee fo deluded in many things by their ow demagogues, concerning the difpofition of this country, if men in a public cha racter from this island could have mixe in their debates, to expofe the delufion at the moment, or to have tranfmitte the proper representations here on any real grievance that might have borne hard on the people. Undoubtedly, thi offer, like all other regulations of union, is liable to different opinions; for my part, I believe, whoever confiders the fubject moft, will like it beft, and those who have leaft examined it, will be ready to find the moft faults. Let me ask this affembly, now, what member there among us who would not rejoice to see an American representative in his place, arguing on the means of reducing the power of our ancient enemy? Thofe who would reject a return of the colo nies, rather than admit of fuch an infti tution, know but little of the important confequences of North America in the connected chain of the British empire. The inftitution was calculated to meet the wishes of many well-difpofed Americans. It was calculated to remove their feveral arguments, that they had no fhare in the legislature, which, inde pendent of taxation, might bind them; and to obviate their complaints, that their petitions and remonftrances had been despised and neglected. It was be lieved by the commiffioners, as it would prove in fact to be, highly beneficial to the intereft of all concerned.

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The next objection comes from my worthy friend below me, That we had given up the power of the crown in the moft effential part, by offering to agree, that no military force should be kept up in the different colonies, without the confent of their different legislatures. This was an article which we all know the Congress infifted upon in their several refalves and reprefentations. It appears frange to me to hear the fame gentle. man telling you, as an excufe for the Americans in not returning to the line of juftice they had feverally marked out on their breaking out, and in the progrefs of this difpute, that they cannot truft us after what is passed, and yet to object to the only effectual means of all o⚫ thers to defeat that argument. The commifioners have faid to them, that the means of coercion shall be removed, and the means of redrefs, if any unfair and oppreffive measures should be attempted, is left in your own hands. The fenfe of the people alone will be the means by which his Majefty will govern you; but at the fame time, no man ever miftook the meaning of the article fo much as to imagine the officers were not to hold their commiffions from the King. There is nothing incongruous in the regulation; it is the very conftitution of this country; for the King can keep no troops without the confent of parliament, and if in the diftribution of military honours attention was given to beftow them on the moft refpectable families, and the toft deferving men, in the feveral communities, it might prove a means, of all others the most effectual, for removing any local jealoufies that might remain. I fhall now confider fome of the gene. ral obfervations that have been made. My Hon. friend has observed, that I was very fanguine in my expectations of fuccefs; and remarks, with an air of triumph, and his friends join in a fmile of fatisfaction, that the means which were attempted have failed. For my part, I am forry, fincerely forry; and yet I am glad the attempt was made. All men will now confefs, the Americans have a bad and a wicked caufe; that they have no juft object to contend for, being now united with France for the profeffed purpose of reducing this country. All good men ought to join moft heartily to oppofe them. If we faw fuch an union at home, under proper minifters, I have no doubt, the fuccefs of our caufe would VOL. XLI.

be certain. While we are divided, I pronounce with caution: it is the state of parties at home which makes me hefitate, not the want of refources, or the ftrength of the Americans. One fet of men have loft the confidence of the people by mifmanagement; another want to yield up all that is worth contending for in the conteft, without faying at what point they will make a ftand, or tracing the confequences of the measures they would recommend. But my hopes of the fuccefs of the commiffion were never fo fanguine as the Hon. Gentleman ftates. The Houfe will do me the juftice to recollect, that I declared in my place, that I believed the fuccefs would chiefly depend on the ratification of the treaty with France. I preffed the departure of the commiffioners again and again before I was a member of it. I told you, that I' believed, if they had once ratified their treaty offenfive and defenfive with France, that they would not recede without ftrong exertions, and I am happy to know that it has not yet been ratified in a conftitutional manner. Why the com. miffioners were not sent off fooner, is a queftion that merits inquiry. I am sure, from the time that I accepted, no time was loft on my part; from the moment I accepted, to the time I was on board fhip, there elapfed but ten days; and thofe, neglecting all private affairs, were employed for promoting the purpose of our miffion; and I was at Portsmouth the day before the commiffion was figned.

My view always was, that force should accompany the conceffion, and that the Americans fhould see a manly, determined spirit of perfeverance in this country, that they might confider well be tween the evils of war in a dubious conteft, and the certain advantages of immediate peace upon the most honourable and advantageous terms. The Noble Lord in my eye will do me the juftice to fay, that I wrote a letter to him before my departure, expreffive of those fentiments, recommending the regimenting the provincials and Canadians, giving them rank, half-pay, and emoluments. The orders to Sir Henry Clinton, which were fhewn me, breathed a spirit of activity and coercion. I thought, with the meafures I recommended, the army was fufficient; I think fo ftill; nay, I am perfectly convinced of it now; and I am fupported by the opinions of the best offi

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cers on the spot. Instead of that, we fecretly directed an ignominious retreat, after all the preparations and expence neceffary for a vigorous campaign had been incurred. Can it be faid with juftice, that I have failed in my expectations, when every thing I was made to believe, and which I deemed necessary for the effect, was disappointed and contradicted; nay, concealed, not only from me, but from the other commiffioners with whom I had the honour to be joined? If I had known Philadelphia had been ordered to be evacuated, I would never have gone. The other commiffioners have often declared the fame fentiments on the subject. I remember well the Hon. Gentleman feconded the Noble Lord's motion for the conciliatory bills; it was what he had been long contending for, as a right and proper measure. Were we afterwards to fruftrate, or impede, what we on this fide had fo long fought for, and approved when made? My fpirit of partyconnections does not lead me to this conduct; for, notwithstanding the criticism of the worthy gentleman on the words fingular unanimity, I ftill maintain the unanimity was fingular on the subject of American affairs. In queftions of fuch confequence, I do not inquire what turnpike-bills had paffed without a negative.

The Hon. Gentleman after whom I rofe, has also indulged himself in fome other fatirical smiles on the characters of the other commiffioners: I am fure I am much obliged to him for the tenderness with which he has treated me, by much the most inconfiderable; after his tofling and goring fo many minifters, I am fenfible I am nothing in his hand but I muft beg leave to fay a word for those who are abfent. I believe the Hon. Gentleman takes the character of the Noble Lord at the head of the commiffion from news paper reports, as I once did. He well knows, that nothing is fo fallacious. I have fuch an opinion of his liberality and good humour, that, in cafe he knew that nobleman as well as I do, he would be as ready to retract his opinions concerning him as I was, and as willing publicly to declare it; for a young nobleman of more worth, more honour, more dignity, or greater zeal for the public fervice, and the execution of the truft committed to him, I never knew. The other gentleman is fo well known to eve ry member of this House, and his reputation for businefs fo well eftablished,

that it ftands above my praise, or th Hon. Gentleman's cenfure.

I will now take notice of what fel from another Hon. Gentleman, who spoke most eloquently in this debate. H talks of the indignant treatment the com miffioners met with from the Americans and particularly points at their behaviou to me. I cannot acquiefce in this opi nion; I make no fuch complaints; be cause I diftinguish widely between the people of America and the Congress, becaufe I make a juft diftinction between what men do in their political capacity and in their natural. The congrefs feem to conduct themselves with the low cun ning of an election-jobber; their proceedings are often calculated for the mere herd of the people, who are as yet ftrangers to the impofitions incident to such a conduct; and having all the news-papers under their direction, they are excellent engines of fuch ignoble policy, which may ferve for a time, but never can laft.

The commiffioners were received at Philadelphia with all the joy which a generous people could exprefs. "Why were you fo long in coming?" was the univerfal cry. "Do not abandon us; retain the army, and fend them against Washington, and the affair is over: 10,000 men will arm for you in this province, and 10,000 in the lower counties, the moment you take the field; and they can get arms." The declaration was general and notorious; and I am perfuaded, if we had been at liberty to have acted in the field, our most fanguine expectations would have been fulfilled. I mixed with all ranks of men, from the prisoners in the jail to the first people in the place; and, as far as I could penetrate the human mind, I believe, the fentiments of reconciliation, and a return to the happy ftate in which they formerly lived, were fincere. But gentlemen say I am of an eager temper, and apt to be deceived. It is poffible. I do not pique myself on never having been deceived; I can only fay, I never intentionally deceive. judgement, my opinions, may be wrong, but they are the fentiments of my heart; and people must receive them with all thofe grains of deduction for my temper, and the weakness of my understanding. After this precaution, I declare, that I firmly believe two thirds of the people of North America wish to return to their ancient connection with G. Britain at this moment; and that nothing but a furrounding

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