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the knee, and ignominiously to receive its law?

If these considerations would not have justified this country in refusing to treat unless upon the principle of restoring to the Emperor the territories of which he has been stripped, at least it is sufficient reason to entitle us to refuse to the French republic in the moment of debilitated power and exhausted resource, what we should have disdained to grant to France in the proudest days of her prosperous and flourishing monarchy. It was reason enough why we should not desert our allies, nor abandon our engagements, and why we should not agree to yield up to France for the pretence of preventing future wars, what for two centuries our ancestors thought it wise to contend to prevent the French from obtaining possession of; and why, after the recorded weakness of the republic, we ought not to resign without a struggle, what the power and the riches of France in other times could never extort? What then were we to attain by the conquests we had achieved? For ourselves, we had nothing to ask; we demanded the return of no ancient possessions: we sued not for liberty to maintain our independence, to reject the fraternal embrace, and prevent the organization of treason. These do not rest upon the permission of the enemy; they depend upon the valour, the intrepidity, and the patriotism of the people of this country. We desired, Sir, only to preserve our good faith inviolate, and were ready to sacrifice all our own advantages, to obtain what we could not honourably give away without the consent of the Emperor. Could we possibly ask less at the outset of a negotiation? I touch, no doubt, upon a delicate subject, but I ask, could we even have demanded the consent of the Emperor to ask less? Whatever might have been the disposition of the Emperor to peace, would he have been content to agree to inferior terms, when the campaign was not yet closedwhen the enemy were yet struck with the effects of the brilliant and glorious success with which the imperial arms have lately been attended on the side of the Rhine, when the exertions in Italy might have been expected to communicate to the affairs of Austria in that quarter, the same tide of victory by which the frontiers of Germany were distinguished? Could we have asked less, consistently with the good faith we owe to that ally, to whose

exertions and to whose victories we have been so much indebted; that ally to whom we are so closely bound by congenial feelings, with whom we participate in the glory of adversity retrieved, and of prosperity restored? In doing this, I am confident the House will agree in thinking that we do not do too much.

By the terms proposed, all the territory between the Rhine and the Moselle was to be ceded by France, subject to future modification. When the French conquests in Italy were stated as objects of restitution, it was not from that to be inferred that Savoy and Nice were included; for in no geographical view could they be considered as component parts of that country. All the propositions underwent discussion between the plenipotentiary of his majesty, and the French minister; only the British minister informed the minister of France, that as to the Nether. lands, his majesty could, on no account, retract any part of his propositions, but that every thing else should be subject to modification. These offers, Sir, I maintain to have been extremely liberal in their principle, and more so, when we consider the application of it. We carried the principle of compensation to the fullest extent, when we offered to give up all that we had taken, reserving one subject only for consideration, which depended on a treaty, and which I shall presently mention; and we asked no more than what, by the strictest ties of justice and honour, we were bound to demand. Let me appeal to every one present if this conduct was not fair, just, and reasonable; if it did not bespeak sincere intentions and an anxious wish on the part of his majesty to procure peace, consistently with good faith and security to himself and his allies, and if it was not entitled to a candid reception from the enemy? As to the value of the French possessions which we offered to give up, it must be confessed that the same evils with which France has been afflicted have been extended to the colonial possessions; they have undoubtedly been much depreciated, much impoverished; but after all, they are of infinite importance to the commerce and marine of France. The valuable post of St. Domingo: the military and commercial advantages of Martinique; the peculiarly favourable military situation of St. Lucia; the importance of Tobago to this country; when we combine these, and place them in a united point

of view, we have some reason to doubt | nature of the terms proposed with respect whether there was not some degree of to the meditated peace between this counboldness on the part of his majesty's mi- try and her allies; and first with respect nisters to make such overtures; we have to Holland, a country which, although some reason to suspect the wisdom of the now hostile to us, I cannot help considermeasure, rather than to cavil at the insuf-ing as having, at the commencement of ficiency of the offer.

I come now more particularly to mention what relates to the Spanish part of St. Domingo, in the late negotiation. By a former treaty with Spain made at the peace of Utrecht, in the year 1713, Spain engages not to alienate any of her possessions in America and the West Indies, without the consent of Great Britain. Have we not then a right to take advantage of this circumstance, on the present occasion, and to hold out our consent to this alienation, as a part of the compensation offered on the part of this country? In what consists the right of the French to the Spanish parts of St. Domingo? Is it the right of possession? No! they never yet have been in possession. Is it then merely the right of title? No! for their title is derived from the alienation of the Spaniards, who had no right to transfer it without the consent of this country. But it may be said that this treaty is old and obsolete. On the contrary, having been kept sacred up to the year 1796, it has gained strength by a long prescription; besides it has been recognized and confirmed at the end of every war since that time, and particularly so in the definitive treaty of 1783. It may be objected, however, and has indeed been urged on this occasion, that England herself has violated this treaty in the transaction of Pensacola and Florida; but this argument depends upon an obvious fallacy. The agreement with respect to the Spanish dominions in America and the West Indies was made between this country and Spain. Now, although the two parties to the agreement may, by consent at pleasure, modify their respective interests, it does not follow that either party can, without the consent, and to the disadvantage of the other, introduce the interests of third parties. Upon every view of this subject, then, I ask if we have not a fair and reasonable right to avail ourselves of the advantages arising to us from the treaty of Utrecht ?

Sir, I think, that from the great extent of the subject, it will be unnecessary for me to trouble the House with any farther observation on that part of it; but I must request the attention of the House to the

the present war, been concerned in alliance with us in carrying it on, and connected in our interests by every tie of internal policy-a country which is now only opposed to us in consequence of the restraint imposed by the overbearing arms of France. However, Sir, notwithstanding Holland was our ally, and an ally, whose protection against the common enemy was one of the causes of our entering into the war; yet, as circumstances have occurred, which have compelled Holland to become the enemy of this country, I must, of necessity, treat her as such; I must consider her in the relation, in which she stands with respect to France, though at the same time I cannot bring myself to forget she was formerly an ally, whose friendship was attended with reciprocal advantages to herself and to this country. I am satisfied, if it were possible to replace Holland in the situation in which she formerly stood, and restore her legitimate government, not nominally, but permanently and effectually, that such a restoration would undoubtedly redound to the advantage of this country. But as it is perhaps a question of too remote contingency to consider the advantage which we should acquire by the restoration of Holland to her former system, such an event, either nominally or really, being extremely unlikely under the present aspect of things, I shall therefore refrain from arguing the point. Now, Sir, as to the conduct pursued on the part of this country, with regard to her connexions with other powers, and supposing for the present that Holland may for a time remain subject to France, I may be allowed to assert that the terms proposed by this country, on behalf of her allies, were such as could only be dictated by a principle of moderation, of disinterestedness, and earnest desire for peace. This country having nothing to ask for herself, was induced to surrender a considerable part, nay, almost the whole of her acquisitions, for the purpose of inducing the French to give up to our allies that territory she has wrested from them.

The continental possessions which France had acquired from Holland, might perhaps be subjects of discussion in what

manner they were best to be arranged at once for the interest of Holland, and of the allies. But these and the conquests made by this country must be considered in the view of restitution, as merely an addition to the French power. We ought to consider that those posessions, with regard to which no relation was to be admitted, were to be retained, in order that they might not become acquisitions to the French government. In refusing to yield them up, we only refuse to put into the hands of the enemy the means of carrying into effect the deep laid schemes of ambition they have long cherished, and the plan they have conceived of undermining our Indian empire, and destroying our Indian commerce, by ceding out of our own hands, what may be deemed the bulwark of the wealth of this country, and the security of the Indian empire. These, indeed, were refused to be given up to our enemies; but every thing else which the valour and the arms of this country had acquired, which was valuable, was proposed to be made matter of negotiation. This, Sir, was the nature of the propositions made at the very first moment when the negotiation was commenced: and I again submit to the final decision of the House, whether a proposition, including the restoration of every thing valuable which we had acquired, except that which we could not forego without manifest detriment to the most important interests of the country, was not founded in liberality and sincerity. Sir, I must beg leave to observe, that on this part of the subject I have been the more anxious to be explicit, because it is that part on which I lay the more particular stress, as tending to prove to the House, that every thing was done at the commencement, every thing distinctly stated, on which this country was willing to enter upon a negotiation. I am the more desirous of impressing the House with this part of my argument, because I feel it material in order to enable them to form a determinate precise idea of the character and prominent features of the negotiation itself. In return to the statements of compensation proposed by this country, the French government presented no projet of their own, they afforded no room for discussion, because they were actuated by motives very distant from conciliation.

Thus much I have thought it necessary to state, in vindication of the character of myself and colleagues, that the House

may be enabled to see that we never lost sight of the idea of a peace advantageous for our allies, safe for Europe, and honourable to this country. With regard to any specific terms of peace, which it might be proper to adopt or refuse, I do not think it would be wise for the House to pronounce. This may still be considered as a dormant negotiation, capable of being renewed; and it would be impolitic to give a pledge to any specific terms to which it might be impossible to adhere, and which can never be incurred without rashness. No man can be pledged to any particular terms, because in these he must be guided by a view of collateral circumstances, and a comparative statement of resources. All that I wish parliament to pronounce is, that they will add their testimony to the sincerity with which his majesty has endeavoured to restore peace to Europe, and their approbation of the steps which were employed for its attainment. But even after their rejection of every proposition that was advanced, after all the difficulties they started, after all the cavils they employed, after all the discouragements which they presented, when, at last, the French government had been compelled to open the discussion, the first thing that happens, after requiring a note containing specific proposals, is a captious demand to have it signed by lord Malmesbury. This demand was complied with to deprive them of every pretence for breaking off the negotiation, and immediately they call for an ultimatum in twenty-four hours. The impossibility of complying with such a demand is obvious. Was it possible to reconcile discordances, to smooth opposition, or pronounce good understanding in this manner? Does it come within the scope of the negotiation? Is an ultimatum, which means that demand which is to come the nearest to the views of all parties, and to state the lowest terms which could be offered, thus to be made out at random, without knowing what the enemy would concede on their part, or what they would accept on ours? A proposal, drawn up in such a manner, without explanation, without information, could have no good effect. It is a demand contrary to all reason and to all principle. With such a demand, therefore, it was impossible to comply; and in consequence of this, lord Malmesbury received orders to quit Paris in forty-eight hours, and the territories of the republic as soon as possible.

couriers, when the period for discussion was arrived, when the personal presence of an ambassador was particularly necessary, and when the king's minister announced to the French government that he was prepared to enter into discussion upon the official memorials containing his projet, than he was ordered to quit Paris, and leave the negotiation to be carried on by means of couriers. Such is the precise form, and it was impossible to devise a better, in which a studied insult, refined and matured by the French Directory, was offered to his Britannic majesty.

Perhaps, however, I shall be told, that the negotiation is not broken off, and that the French government have pointed out a new basis upon which they are still willing to proceed. There are two things upon this subject not unworthy of consideration. The time at which they propose this new basis, and what sort of basis it is that they propose. After having approved and acted upon the basis proposed by his majesty's government: after having acknowledged, and, to all appearance, cordially acquiesced in it, as the ground of negotiation; after having demanded an ultimatum at the very commencement of this negotiation, and before any discussion had taken place, to be delivered in to the Directory, in the space of twenty-four hours; and after dismissing the ambassador of the king with every mark of ignominy and insult, they propose a new basis, by which the negotiation is to be carried on by means of cou. riers. And what is the reason they assign for this new basis? Because lord Malmesbury acted in a manner purely passive, and because he could assent to nothing without dispatching couriers to obtain the sanction of his court. Here one cannot help remarking the studied perverseness of the temper of the French government. When a courier was dispatched to Paris, at the instance of the minister of a neutral power, in order to get a passport from the French government, it was denied. A courier could not even obtain a passport, though the application was made to the Executive Directory through the medium of the Danish minister. The request of the Danish minister was not enough: nothing could satisfy them but a British minister. Well, a British minister was sent. At the commencement of the negotiation he had occasion frequently to send dispatches to his court, because it is very well known that there are a great number of difficulties which attend the opening of every negotiation, and because lord Malmesbury had been sent to Paris before the preliminaries, which are usually settled by means of couriers, were arranged. While these preliminaries were in a course of settling, lord Malmesbury's presence was barely endured, and the frequent dispatches of his couriers were subjects of animadversion; but no sooner were these preliminaries settled, and the British minister delivered in a projet when there was less necessity for dispatching [VOL. XXXII]

I now come to state the broad plain ground on which the question rests, as far as the terms, upon which we are invited to treat on this new basis, are concerned. After having started a variety of captious objections at the opening of the negotiation, after the preliminaries were with much difficulty adjusted, after an ultimatum was demanded, almost before discussion had commenced, after the king's minister was ordered, in the most insulting manner, to leave the territories of France, after a retraction by the Executive Directory of the original basis of negotiation, and the substitution of a new one in its place, they demand, not as an ultimatum, but as a preliminary, to be permitted to retain all those territories of which the chance of war has given them a temporary possession, and respecting which they have thought proper contrary to every principle of equity and the received laws of nations, to pass a constitutional law, declaring, as they interpret it, that they shall not be alienated from the republic. Now whether this be the principle of their constitution or not, upon which I shall afterwards have occasion to make some observations, it was at least naturally to be supposed that the principle had been virtually set aside when the former basis of negotiation was recognized by the French Directory; for it must have been a strange admission of the principle of reciprocal compensations indeed, if they were obliged by the rules of their constitution to retain all those conquests which we were most bound in duty and in honour to insist upon their giving up (not by any mystery of a new constitution, which is little known, and even among those who know it of doubtful interpretation, but by public and known engagements) and if they were under the same constitutional necessity, which they certainly are, of demanding [5 A]

the restitution of those colonies formerly
in their possession, but which they have
lost in the course of the war. Notwith-
standing, however, their disavowal of
this principle in the admission of the
former basis of the negotiation, it is now
alleged as a ground for the pretension,
that they are entitled, as a matter of right
to demand from this country, not as an
ultimatum, but as a preliminary to the
discussion of any articles of treaty, that
we shall make no proposals inconsistent
with the laws and constitution of France.
I know of no law of nations which can
in the remotest degree countenance such
a perverse and monstrous claim. The
annexation of territory to any state, by
the government of that state, during the
continuance of the war in which they have
been acquired, can never confer a claim
which supersedes the treaties of their
powers, and the known and public obli-
gations of the different nations of Europe.
It is impossible in the nature of things,
that the separate act of a separate govern-
ment can operate to the dissolution of the
ties subsisting between other governments
and to the abrogation of treaties pre-
viously concluded: and yet this is the
pretension to which the French govern-
ment lay claim, and the acknowledgment
of which they hold out, not as an ultima-
tum, but as a preliminary of negotiation,
to the king of Great Britain and his allies.
In my opinion, there is no principle of
the law of nations clearer than this, that
when in the course of war any nation ac-
quires new possessions, such nation has
only temporary right to them, and they
do not become property till the end of
the war.
This principle is incontroverti-
ble, and founded upon the nature of
things. For, supposing possessions thus
acquired to be immediately annexed to
the territory of the state by which the
conquest was made, and that the con-
queror was to insist upon retaining them,
because he had passed a law that they
should not be alienated, might not the
neighbouring powers, or even the hostile
power ask-Who gave you a right to pass
this law? What have we to do with the
regulations of your municipal law? Or,
what authority have you, as a separate
state, by any annexation of territory to
your dominions, to cancel existing trea-
ties, and to destroy the equilibrium estab-
lished among nations? Were this preten
sion to be tolerated, it would be a source
of eternal hostility, and a perpetual bar

to negotiation between the contending parties: because the pretensions of the one would be totally irreconcileable with those of the other.

This pretension in the instance of France has been as inconsistent in its operations as it was unfounded in its origin. The possessions which they have lost in the West Indies in the course of the war, they made independent republics; and what is still more singular, Tobago, which they have lost in the war, and which is retained by British arms, is a part of indivisible France. I should not be surprised to hear that Ireland, in consequence of the rumour which has been circulated of their intention to attempt an invasion upon that country, is constitutionally annexed to the territories of the republic, or even that the city of Westminster is a part of indivisible France. There is a distinction, no doubt, between the Netherlands and the West India islands, but it whimsically happens that this principle, of law, that this constitutional pretension is least applicable to those possessions upon which it is held out as operating by the French government, and that the Austrian Netherlands, even by the letter of their own constitution, ought to be exempted from its operation. I own I am little qualified to read a lecture upon the French constitution, and perhaps I shall be accused, in my interpretation of it, of pretending to understand it better than they do themselves. Here I must remind my accusers, however, that even M. Delacroix, that great master of the law of nations, allows that, on this point, the constitution is not perfectly clear, and gives that particular interpretation of it upon the authority of the best publicists. l'again repeat it that, in discussing the terms of a treaty with France, I am not obliged to know either her constitution or her laws, because it was unreasonable for her to advance a pretension upon a foundation inconsistent with the received law of nations and the established nature of things. But it will demonstrate their insincerity and the shallowness of the subterfuges to which they have been obliged to have recourse, if I can show that no such law is in existence, and that their constitution leaves the government entirely at liberty to dispose of the possessions which they have acquired in war, in any way they may think proper. I have looked through this voluminous code [holding a copy of the constitution in his

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