to all lovers of their country: but rashness and precipitation have marked the negotiation on our part; we have proclaimed that we would have peace at any price or sacrifice; our opponents were made aware that this object was necessary to the party now in power, and the result can only give pleasure to those who regret our victories and envy our greatness. There is one part of the address in which I can most heartily concur-the dutiful professions and assurances given to his Majesty convinced, from the bottom of my heart, that no prince ever ascended the throne with more virtuous and public-spirited disposition, with greater love for his people and zeal for their happiness, with greater purity of mind and uprightness of heart, untainted even with a wish for any hurtful power, nay, filled with a detestation of it."

He was most successful in his complaint of the preliminary articles being laid before Parliament, that an opinion might be asked upon them; whereas, he contended that, according to precedent and constitutional propriety, the Crown ought to act upon the responsibility of its ministers till a definitive treaty of peace is concluded:

"Is the Parliament,” he said, “to judge of these preliminaries, article by article, and to propose variations and additions? God forbid! "Tis the prerogative of the Crown to make war and peace. The ministers of the Crown are to act in such matters at their peril. But in this instance the Crown has not yet executed that prerogative. No definitive treaty is made,-consequently no peace is made. We have only the heads, minutes, or notes, of a proposed arrangement between the two nations, by which neither party is bound. In this state of things Parliament ought not to be called upon to interpose. It may be said, that the strong approbation and applause which ministers ask by this address will strengthen their hands in making the definitive treaty. But I assert the direct contrary. I do not say so affectedly, and to maintain the proposition of a day; but I am really and seriously of opinion, that by this course of proceeding you disable them from doing that right to the King and to the nation for which, I make no doubt, they are solicitous. All Courts know that an English ministry treats with them under the inspection and animadversion of Parliament. This is a shield of defence to our negotiators against many demands,—a weapon in their hands to enforce others. If they are able to say, 'We cannot do this or that; the Parliament will not support us,' a power that wants a peace from you, which is now the case of France, will give submissive attention to that argument. Many material stipulations require to be ascertained, explained, extended, added, or altered, before these preliminaries assume the form of a national compact. But if Parliament sanctions all in the gross, can you expect to succeed in any point which you have to make? It will be well known on the other side of the Channel, that Parliament cannot retract its approbation without stultifying itself, and without upsetting the administration.

1

The noble and skilful person at present his Majesty's ambassador at Paris, when any difference now arises, will talk to the winds. The French minister will laugh in your face, and tell you that you are not in earnest, for Parliament has approved of these articles; you must rest contented with them as they now stand, and with our interpretation of them."

A.D. 1763.

Lord Granville, who had chiefly directed the negotiation, and was expected to take the lead in defending the preliminaries, was recently dead, and there was no one to answer these arguments; but whether they influenced any noble Lord's opinion, it was quite certain that they would influence no vote, and Lord Hardwicke found himself so weak in numbers that he did not venture to divide the House, or even.h to enter upon the Journals a protest against the address No material inconvenience arose in this case from the parliamentary discussion of the preliminaries; the definitive treaty of Paris was satisfactorily concluded on the footing of them,-and, notwithstanding Lord Hardwicke's objections, the same course of proceeding has since been adopted on similar occasions. Indeed, he was guilty of a fallacy in representing a preliminary treaty of peace as a mere projet from which either side may draw back, for it terminates hostilities, and, by the law of nations, as far as it goes, it is binding on the parties, although there be certain points between them which remain to be adjusted.

I discover no trace of any debate in the House of Lords on the Definitive Treaty, and the only other speech which we know of Lord Hardwicke having delivered there, was on the 28th day of March, 1763, against the very obnoxious bill for levying a duty on cider in the hands of the maker. We have here again a proof of his indefatigable industry on all occasions which (be it ever remembered) was the great cause of his extraordinary success in life. There are extant, in his own handwriting, notes for a very elaborate philippic against this tax. I shall give a few extracts, which I think are more interesting than a finished oration:

"Shall go upon two great lines of this bill :

1. I look upon it as an extension and application of the excise laws to improper objects.

2. I look upon it as an additional land-tax upon the cider counties.

The Duke of Bedford.

h In the other House, after Mr. Pitt's famous sitting speech of three hours and a half, although he was obliged to go away from ill

ness, the opponents of the peace were more adventurous; but they could only muster 65 against 319.

A.D. 1763.

HIS SPEECH AGAINST THE CIDER BILL.

First Point.

287

All former laws; the plan of the Excise-confined to some particular trades or occupations. -Do not extend to any subject who may happen to do a particular act in the course of his family affairs.

Such persons give their names; voluntarily subject themselves to such laws as are or shall be, &c.

Such dealers have shops, warehouses, outhouses, &c. distinct.

In this case every person who makes any quantity of cider above, &c. is subjected. This arises from laying the tax upon the maker, and not on the first buyer or retailer; and in this the present bill departs from the principle on which excises were admitted, &c." i

*

He still goes on with his first point at considerably greater length, and then takes up the second of "the land tax on the cider counties," with equal minuteness, bringing forward statistical facts, and trying to show, on principle, that such taxes fall upon the producer-not upon the consumer. We can only judge of the actual speech by the effect it produced, for it was attacked by the heavy artillery of Lord Bute. He rose to reply, and his delivery on this occasion, was so particularly slow and solemn that Charles Townsend, standing on the steps of the throne, called out in an audible whisper, "Minute guns!" These might be considered as announcing the funeral of Lord Bute's ministry. The Cider Bill passed, but it added so much to the unpopularity accumulated upon him, and upon his countrymen, by the dismissal of Mr. Pitt, by the inglorious peace, by the royal favouritism on which his administration rested, by Churchill's "Prophecy of Famine," by Wilkes's "Dedication to the new Edition of the Fall of Mortimer," and by the same unscrupulous writer's "North Briton," which had now reached the fortieth number, that the Premier suddenly resigned, and was succeeded by George Grenville. The nation believed that he long continued secretly to direct all the measures of the Court. This suspicion was carried to an extravagant length; but, although he pretended that, having gained all the objects of his ambition,

i Lord Hardwicke seems to have furnished one of the topics for the celebrated No. XLV. of the "North Briton," published soon after,which, commenting on the King's speech recommending a "spirit of concord," thus inveighs against the cider tax: "Is the spirit of concord to go hand in hand with the peace and excise through this nation? Is it to be expected between an insolent exciseman and a peer, gentleman, freeholder, or farmer, whose private houses are now made liable to be entered and searched at pleasure? Gloucestershire, Herefordshire, and in general all the

cider counties, are not surely the several counties which are alluded to in the speech. The spirit of concord has not gone forth among them, but the spirit of liberty has, and a noble opposition has been given to the wicked instruments of oppression."

k Charles was very impartial between him and the Duke of Newcastle, who were both his near relations, saying, "Silly fellow, silly fellow! I think it is as well to be governed by my uncle with the blue riband, or my cousin with a green one."

he had betaken himself to " the domestic and literary retirement which he loved," there can be no doubt that, for a considerable time, in ministerial arrangements, he chiefly guided the King; and that he entertained a strong hope of being able ostensibly to resume his position, when the prejudices excited against him should have passed away.

Parliament was hurriedly prorogued to prevent discussion; but the closing speech called forth No. XLV. of the "North Briton; general warrants were issued by Lord Halifax, Secretary of State, to arrest the author, printer, and publisher, -Wilkes was arrested,-Wilkes was sent to the Tower,Wilkes was liberated by the judgment of the Court of Common Pleas; and the cry of "WILKES AND LIBERTY!" resounded throughout the realm. Lord Bute became sensible that some new arrangement was necessary, and opened negotiations with the discarded ministers of George II. By a letter from Lord Hardwicke to his son, we are informed of the attempt made upon him:

"On Friday I was at the levee, a very thin one, to make my bow to the King before going out of town for the autumn. His Majesty was very civil; enquired when I went to Wimple, to which I answered, on Monday. I mention this circumstance, because I believe it brought upon me what follows. On Sunday noon I had a note from Lord Eg. to come to me either immediately, or that night, or on Monday morning, as early as I pleased. As I was just stepping into my chariot to dine at Highgate, I named either Sunday night or Monday morning, the last of which took place. His Lordship staid with me about an hour and a half; began with great civilities and professions of regard, and then told me that he came by his Majesty's order, whose good opinion and esteem for me he avowed to represent in the royal words, which were such as it will not become me to repeat. That the King wished to see me again in his council, and he was authorized by his Majesty to offer to place me at the head of it. That he (Lord E.) had taken occasion to lay before his Majesty, at different times, what had passed between us in former conversations; and that the King found that, after so long a friendship and connexion with the D. of Newcastle, I had some difficulties, upon the point of private honour, to break through them. That though his Majesty had reason to be offended with his Grace's late conduct, yet, for the sake of attaining what he so much wished, if the D. of Newc. would accept one of the great offices about the court, the King would condescend to it. That his Majesty understood the Duke had declared, in the House of Lords, that he would not come again into a ministerial place; and desired to know my opinion whether his Grace would return to the King's service upon the foot proposed. I own I did not expect so direct a proposition; and made all the dutiful, grateful, but disabling

A.D. 1763.

MINISTERIAL ARRANGEMENTS.

289

speeches that became me. How little I wished to come into office again, I said, appeared by my having declined the Great Seal in July, 1757, and the Privy Seal in the winter 1761; which I had done with the greatest consideration for his Majesty's service. That, as I had declined to accept an employment, though offered me, whilst all my friends were in court, it was impossible for me to accept one whilst all my friends were out of court. That as to what was said about the D. of Newcastle, my connection with him was avowed and well known; that I might have expressed myself shortly upon former occasions, but I had always described or alluded to others also. That most of, if not all, the great Whig Lords, with whom and their families I had acted for forty years, were now displaced; and I shoud only tarnish my own character, at least in ye opinion of ye world, at ye end of my life, and not be of any use to his Majesty, if I separated myself from them. That I rejoiced, for the sake of his Majesty's service, that the proscription was so far taken off from the Duke of Newcastle. That I looked upon it as a good beginning, but there were others besides his Grace. As to the point on which my opinion was asked, it was too delicate and important for any man to answer, without consulting the person concerned, upon that very point directly. Therefore I begged to know how far I might go with the Duke; for I woud not exceed his Majesty's permission by one jot. My Lord answered that the King woud by no means allow me to acquaint the D. of N. with this, unless I first declared my opinion that it would do. To this I said that I was then at a full stand. It was impossible for me to say now that it woud do, and how should I know if I could not ask? If I was to hazard a conjecture, it would be that this alone woud not do. That things had been suffered to go so far that his Grace himself must have formed connections, &c. However, it was repeated that I must not open one word of this to him. I could not help saying: He will even know of this visit of y' Lordship's to me; may I own that you have talked to me in the like style as formerly upon my own subject? This was agreed to.

* * * *

"He then spoke of the continuance of the cry against Lord B., that he had been hung up in effigie upon a gibbet, at one of the principal gates of Exeter, for this fortnight past, and nobody had dared cut the figure down in all that time. It is immaterial to run into the minutia of our conversation; but, in the course of it, my Lord had happened to say that the King could not bring himself to submit to take in a party in gross, as an opposition party. I told him nobody woud advise his Majesty to avow the doing of that. But a King of England, at the head of a popular governm', especially as of late the popular scale has grown heavier, woud sometimes find it necessary to bend and ply a little. That it was not to be understood as being forced: but only submitting to the stronger reason, for the sake of himself and his government. That King William, hero as he was, had found himself obliged to this conduct; so had other princes before him; and so had his Majesty's grandfather, and found his governm grew stronger by it. I have now

YOL. VI,

U