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and without notice, be suddenly brought out in evidence upon the trial against the defendant; such defendant from such an entrapping mode of trial may be convicted, although innocent. Such proceedings (whether supported or unsupported by any old Scotch statute passed in arbitrary times) ought, I conceive, to be revised. For, in a free country, there ought not to be one mode of administering justice to one man, namely, to Mr. Hastings, and an opposite mode of administering justice to another man, namely, to Mr. Muir.

The said decisions of the house of lords are founded upon principles not peculiar to trials by impeach ment. They are founded upon common sense, and on the immutable principles of justice. In In Scotland those principles are peculiarly necessary to be adhered to, inasmuch as by the laws of that 'part of the kingdom, a defendant is obliged to produce a complete list of all his witnesses in exculpation the day before the trial. That alone appears to me a considerable hardship. But if, after snch list is actually delivered in by the defendant, any facts (or supposed facts) not particularly set forth as crimes in the indictment, may on the following day for the first time,

STANHOPE.

Protest against the rejection of the motion for declaring the object of

1.

the war

Dissentient,

ECAUSE it appears to us,

B that it would have been highly becoming and expedient for this house, as leading to the great and invaluable blessing of peace, at this time to have resolved, that it appears to this house, that during the several changes which took place in the constitution and government of France before the commencement of hostilities, and more particularly after the events of the 10th of August, 1792, when his majesty was advised by his ministers to suspend all official communications with France, it was and continued to be the professed principle and policy of his majesty's government carefully to observe a strict neutrality, and uniformly to abstain from any interference with respect to the internal affairs of France; that when his majesty was advised to make a further augmentation of

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bis

his forces by sea and land, at the beginning of last year, it was for the declared purpose of opposing views of aggrandizement and ambition on the part of France; and that when his majesty acquainted parliament that acts of hostility had been directed by the government of France against his majesty's subjects, and after war had been declared against his majesty and the united provinces, the then avowed object of prosecuting the war on our part, was to oppose the farther views of aggrandizement imputed to France, and that the prosecution of the war on this ground, and for the attainment of this object, was approved by both houses of parliament.

2. Because it would have been equally becoming and expedient in this house as tending to the same desirable object of peace, at this time to have declared, in conformity to the other resolutions, opened, discussed, and submitted to its consideration.

That, at or before the end of April, 1793, the armies of France were obliged to evacuate Holland and Flanders, and to retire within their own teritory; and that the prince of Cobourg, commander-inchief of the emperor's forces in Flanders, did. on the 5th of April, engage and declare that he would join and co-operate with general Dumourier to give to France her constitutional king, and the constitution which she had formed for herself; and that the prince of Cobourg did also then declare, on his word of honour, that if any strong places should be delivered over to his troops, he should consider then no otherwise than as sacred deposits; and that, on the 9th of the same month, all the preceding declara.

tions of the prince of Cobourg wer revoked.

That, by the 15th article of the treaty concluded with the landgrave of Hesse Cassel, on the 10th of April, 1793, his majesty's ministers were of opinion that the situa tion of affairs had then entirely changed its aspect, in consequence of which his majesty might not have occasion for the Hessian troops, and might be at liberty to relinquish their service on certain conditions of compensation to be made to the landgrave.

That, on the 14th of July, 1793, a convention was concluded be tween his majesty and the king of Prussia, in which their majesties reciprocally promised to continue to employ their respective forces, as fat as their circumstances would permit in carrying on a war equally just and necessary.

That on the 23d of August, 1793, lord Hood declared to the people of Toulon, that he had no other view but that of restoring peace to a great nation, upon the most just, liberal, and honourable terms: that the inhabitants of Toulon did in return declare, that it was their unanimous wish to adopt a monarchical government, such as it was origi nally formed by the constituent assembly in 1789; and that lord Hood, by his proclamation of 28th August, accepted of that declaration, and did then repeat what he had already declared to the people of the south of France, that he took possession of Toulon, and held it in trust only for Louis the Seventeenth.

That the constitution, to which the declaration and acceptance herein immediately before stated was the same which his majesty's ambassador at the Hague did, in a memorial

presented

presented to the states general on the 25th of January, 1793, describe in the following terms, viz. "It is not quite four years since certain miscreants, assuming thename of philosophers, have presumed to think themselves capable of establishing a new system of civil society; in order to realize this dream, the offspring of vanity, it became necessary for them to overturn and destroy all established notions of subordination of morals and of religion;" and that this description was applied by the said ambassador to a government with which his majesty continued to treat and negotiate from its institution in 1789, to its disslution in August, 1792; and that his majesty's ambassador was not recalled from Paris, until that government was dissolved. That, by the declaration made by his majesty's ministers, and dated on the 29th of October, 1793," that his majesty only demands of France that some legitimate and stable government should be established, founded upon the acknowledged principles of universal justice, and capable of maintaining, with other powers, the accustomed relations of union and peace; and that his majesty, in treating for the re-establishment of general tranquillity with such a government, "would propose none other than equitable and moderate conditions, not such as the expences, the risks, and the sacrifices of the war might just fy;" and that his majesty hoped to find, in the other powers engaged with him in the common cause, sentiments and views perfectly conformable to his own.

That at the commencement of the war, the prosecution of it was considered by his majesty as a cause of

general concern, in which his majesty had every reason to hope for the cordial co-operation of those powers who were united to his majesty, by the ties of alliance, and who felt an interest in the same cause.

That in the prosecution of a war considered by his majesty as a cause of general concern and as a common cause, his majesty has not received that cordial co-operation, which we were led to expect from those powers, and who were united with him by the ties of alliance, and who were supposed to feel an interest in the same cause.

That, on a review of the conduct of the several powers of Europe, from whom, if the cause was common, and if the concern was general, such cordial co-operation might have been expected; that many of those powers have not cooperated with his majesty; that the empress of Russia has not contributed, in any shape, to the support of this common cause; that the crowns of Sweden and Denmark have united to support their neutrality, and to defend themselves. against any attempt to force them to take part in this common cause; that Poland is neither able nor inclined to take part in it, and that Switzerland and Venice are neutral; that the king of Sardinia has required and obtained a subsidy from Great Britain to enable him to act even on the defensive; that the king of the two Sicilies, professing to make common cause with his majesty in the war against France, is bound to it by nothing but his own judgment, in the course of event which may occur, and that he is at liberty to abandon the common cause, whenever he shall judge that

he cannot any longer with justice and dignity continue the war: that the efforts of Portugal and Spain have been completely ineffectual.

That with respect to the powers who were principals in the present war, (viz. the states general, the king of Prussia and the emperor) the states general having refused to contract for the payment of their portion of the subsidies, to be paid to the king of Prussia, beyond the term of the present year, have there by reserved to themselves a right to withdraw from the support of the war at that period, and to throw the whole burthen of it upon Great Britain; that the king of Prussia being bound, by the convention of July, 1793, to act in the most perfect concert, and with the most intimate confidence, with his majesty, upon all the objects relative to the present war, and having then promised to continue to employ is forces, as far as circumstances would permit, in carrying on the war, and his majesty havig since being obliged, by the treaty of the 19th of April, 1794, to grant to the king of Prussia an enormous subsidy, in order to engage him to continue to co-operate in the prosecution of the war, it follows, that the king of Prussia is no longer a principal party, nor even an auxiliary in the said war ; but that he barely lends out his troops to this country in return for a most profitable pecuniary compensation, at our expence; and that Great Britain is, in fact, loaded with his proper share of the burthen of a war, which is said to be the common cause of every civilized state; and finally, that if it were expedient or necessary to purchase the king of Prussia's co-operation on such terms, the emperor, whose

interests are more directly at stake, was full as much bound, in reason and justice, as his majesty, or the states general, would be to contribute equally to that expence: and, that if, at any future period of the war, the emperor's finances should be so exhausted es to make it impossible for him to maintain it on his part, at his own charge, his imperial majesty will be invited and incouraged, if not justified, by the example and success of the king of Prussia; to call upon this country, to defray the whole expence of whatever army he may continue to employ as ainst the French; nor does it appear by what distinction, in policy or in argument, the terms granted to the King of Frussia can be refused to the emperor, whose efforts and expences in the course of the war have infinitely exceeded those of Prussia; or how this country can, in prudence or with safety, decline a compliance with such demands, it it be true, as has been declared, that the destruction of the present French government is essential to the security of every thing which is most dear and valuable to

us as a nation.

That, in consequence of the event of the war on the continent and elsewhere, all views of aggrandisement and ambition, on the part of France, supposing the French to entertain such views, are evidently ungitainable, and must be relinquished by France; and therefore the object of the war, as it was originally professed on our part, viz. the restoration of peace, on terms of permanent security, is now attainable and may be secured, provided that, on one side, the French shall be content with the possession and safety of their own country, and

that

that we, on the other, shall adhere to the principles of justice and policy so often declared by his majesty and avowed by his ministers, of uniformly abstaining from any interference with respect to the internal affairs of France.

3. Because the facts herein before set forth, being, as we conceive, undeniable truths, fit now to be resolved and declared, it becomes the duty of his majesty's ministers, in conformity to two other resolutions opened, discussed and submitted to the consideration of this house, to avail themselves of the present circumstances of the war, to promote a pacification, by every means in their power, by proposing to France equitable and moderate conditions of peace, and above all things by abstaining from any interference in the internal affairs of France.

4. Because in every possible case it is equally desirable that his majesty should make an explicit declaration of his views; for if, on the one hand, it is the intention not to interfere in the internal government of France, nothing can contribute so much to advance a negotiation with those who now exercise the powers of government in that country, as such a declaration, solemnly and explicitly made; so, on the other hand, if it is intensed to interfere, it is highly essential to make the degree of interference precisely known, so as to induce such parts of the French nation as are dissatisfied with the present government, to unite and exert themselves, with satisfaction and security, to promote the ascertained object.

NORFOLK, E, M,
GRAFTON,
ALBEMARLE,
DERBY,

BEDFORD,
LAUDERDALE,

LANSDOWNE,
THANET.

Protest against the vote of thanks to lord Hood.

Dissentient,

1. DECAUSE it has not been the practice of this house to vote thanks to officers commanding his majesty's forces by sea or land, except on occasions where they have eminently advanced the honour and promoted the interests of their country, by the most im portant and acknowledged services.

2. Because, by voting the thanks of this house, except in such instances, we diminish the value of the most honourable reward we have in our power to confer, and lessen one of the best incitements to future service.

3. Because the reduction of Bastia does not in itself appear to us to be such a service as calls upon this house for any extraordinary mark of approbation or applause.

4. Because, whatever the merit of that service may be, the other admirals of the fleet, and the commanding officers of his majesty's land forces, must have had their share in it; and to refuse thanking them, as had been usual on similar occasions, appears to us to justify an opinion, that the vote of thanks to Lord Hoodoriginated from some motive of a private and per.onal nature, which it is improper for this house to countenance.

5. Because even ministers themselves do not seem, in the first instance, to have considered that service as entitled to such a mark of appro

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