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TWO 
 
 MEMORIALS, 
 
 9 
 
 HOT OUGINALLT INTINDBD FOR fUBllCATtOlff 
 
 NOW PUBLISHED; ' 
 
 If 
 
 WITH AN 
 
 EXPLANATORY PREFACE^ 
 
 t «- 
 
 GOVERNOR POWNALL. 
 
 LONDON: 
 
 PRINTED FOR J* DODSLEY, PALL MALL. 
 M.OCC.I.XXXII. 
 
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 The Reader is defired to correal the following 
 ERRATA. 
 
 K 24. I. 2. after th6 word </(r//zr/«rr, place a femicolon , 
 and infert thefe words ; al/ t/be/e, liki the 
 ariginal principles of diffiilution mixed tuitb 
 the human frame t are 'working to difeafe, 
 
 t*. ^5* 1. 10. after the word thtfe, place a full Hop ; the 
 next a ihould be a capital ; and in line 12, 
 after the word 'want, put a femicolon. 
 
 P. 42. 1. 6. from the word commijjioners » dele the two 
 letters er. 
 
 P. 54. 1. 12. tftcr ceuid, infert «e/. 
 
 ■,i- 
 
 ■■"'*» •wmiw>r«S*'" 
 
.' '\ ' 
 
 .A> 
 
 'i-t_;<: : f> . /*»4i« • 
 
 ' 'v 
 
 ■,^i: 
 
 PREFACE. 
 
 ■a; 
 
 1 .■ 
 
 TH E following memorials were 
 drawn up folely for the King's ufc, 
 and defigned folely for his eye. They 
 muft of courfe, containing matter of ad- 
 hiiniftration, be firft communicated to 
 his Majefty's Minifters. They were 
 accordingly * communicated in the 
 draught : and -f afterward put into the 
 hands of his Majefty's Secretary of State, 
 appointed to the American department, 
 that they might be communicated to his 
 Majefty, with a molt humble requeft from 
 the Memorialiftj either of permiffion to 
 lay them in perfon at his Majefty's feet, 
 being ready to anfwer any queftions 
 which might arife upon them j to give 
 any explanations which might be re- 
 quired i to ftate, to the beft of his 
 judgment, tbe line in which negotiation 
 might train, if fuch was found advifable j 
 
 * Dec. 25, 1781, 
 t Jan. 18, 178a. 
 
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 juid 
 
 p.-' 
 
 .Mi 
 
 .fcji5tejf^J**»i.'aii.^ji;^ i 
 
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a 
 
 PREFACE. 
 
 and finally, to make a tender of his fer- 
 vices, as an old fervant of the Crown for- 
 merly employed in thefe affairs, to un- 
 dertake fuch negotiation. Or, if there 
 were any reafons which might render it 
 improper for him to be admitted to his 
 Majefly's prefence, on the fubjedt of thefe 
 memorials; then praying that his Ma- 
 jefly would be pleafed to refer the me- 
 morials, and his fervant who prefented 
 them, to his Cabinet, or a committee 
 of the fame; to whom, under his Ma- 
 jefly's orders, he was ready to make the 
 fame communications. The Memorlalilt 
 underftood that this would not be difa- 
 greeable to his Majefty. The late Se- 
 cretary, in whofe hands thefe memorials 
 were, thinking them worthy his Ma- 
 jefty*s conlideration, would have prefented 
 them. The Memorial ift underftanding 
 that the other Secretaries of State, for the 
 reafons they alledged, could not be of 
 opinion to advife the opening of any ne- 
 gotiations, efpecially with the perfons au-^ 
 tborized to treat of peace, and therein 
 referred to-, and the memorials being 
 delivered back to the Memorial ift, fince 
 the late Secretary delivered up the Seals; 
 the Memorialift finds himfelf precluded 
 even from the endeavour of rendering that 
 fervice to his Majefty and to his coun- 
 try. 
 
 ;/■'-■ v^v'^' "* ■*^' ■ 
 
 -•-.'*•?• 
 
 "?-«»lf--' 
 
 'V«|<<u 
 
 ^^wf'J-rn^isTgaBW"^ 
 
t* R E f A C E. 
 
 i 
 
 try, which circumftances, confequent of 
 the fituation he was formerly in, put in 
 his power, and which his zeal led him 
 to make the offer of undertaking with- 
 out prcfent pay or future reward, as his 
 Majefty's late Secretary can teftify. 
 
 Some points, both as to fa(fl and as 
 to opinion, which the Mcmorialift (with 
 all due deference he fpeaks it) thinks 
 his Majefty's Minifters are mifmformed 
 in, and of courfe hold miftaken opinions 
 upon, muft have arifen. Thefe, under a 
 {enfe of zealous duty, and the moft pro- 
 found refped to his Majefty, in the moft 
 humble manner would have been ftated. 
 Underftanding thefe memorials to be in- 
 admiffible by the Minifters, he knows 
 no means but this, which he hath finally 
 prefumed to take, of laying them at his 
 Majefty's feet. He knows thefe are mat- 
 ters which ought not to come forward to 
 public difcuffion : but, fince he hath un- 
 derftood that Minifliers have entered the 
 lifts in public debates on thefe points, 
 and that feveral of his Majefty's fervants 
 have given definitive opinions on matters, 
 Which ftiould have found their definitions 
 only in the conclufions of private nego- 
 tiation, he hopes that he ihall not b^ 
 found offending. 
 
 He moft humbly craves his Majefty's 
 
 B 2 gracious 
 
4 PREFACE. 
 
 gracious interpretation. He means nor 
 to ofFcnd i at the lame time he thinks it 
 his duty to declare, that he means this* 
 mode of making thefe matters public, as 
 a juftification of himfclf to all who may 
 be intercllcd ill this great event, and as an 
 appeal to his Majefty and to his people 
 againft the opinions and conducft of the 
 Minifters. 
 
 This memorial does not enter into the 
 real or artificial reafons on which Mi- 
 ll ifters firft advifed his Majefty to carry 
 force of arms into the governments of 
 America. It was feen and declared, at 
 the time, by thofc who knew that coun- 
 try, that although fuch meafures might 
 defolatc America, they muft, as they have 
 (lone, feparate them from, and nearly 
 ruin. Great Britain in the end alfo. It 
 goes only to the motives and views 
 now given out to Parliament by the 
 Minifters, as the reafons for continuing the 
 ivar. It is faid, that although a fadtion, 
 having arms in their hands, have declared 
 all union with the nation diflblved, and 
 all allegiance to his Majefty's govern- 
 ment abfolvcdj yet a majority in num- 
 ber of the people in America are dif- 
 pofed to fubmit to his Majefty 's pro- 
 vincial government, and wifh to be under 
 it,- The truth is, there are in thut coan- 
 
 try» 
 
 i.i^-rfi*»i-V*- •*•■'■— ■.'"^^tJ-w.-*^ 
 
:r 
 
 :» 
 
 PREFACE. I 
 
 try, as in all others where the people have 
 a iharc in the government, parties ; but 
 more cfpccially in a country wherein the 
 curfe of civil war rages. Bcfidcs, th? 
 pcrfccution which the bad fpirit of man, 
 in a predominate caufe, too o-Cen infpircsj 
 the iiiany hard things which a govern- 
 ment in a ftatc of war, and adling for th? 
 time with powers didtatofial, niufl: nc- 
 ce/iarily do ; alienate the ipirits of many ; 
 render others impatient under, and fonic 
 even enemies Jto, the very government 
 which they thcmfelves had fet up. This is 
 the cafe in America. But that there are 
 a majority in number, or any proportion 
 of numbers who wiili to fee his Ma- 
 jefty's provincial government eOablifhcd 
 with fuch powers, and under fuch forms, 
 as muft be now neceffary to give effi- 
 ciency to civil power, when the confenfus 
 obedientium does not accompany it, the 
 Memorialift, who hath known the ma- 
 chine both in its compoiition and in its 
 parts ; who had oi>ce adminiflrative 
 powers in it, an,d who hath carefully 
 watched every motion of ijt fmce, thinks 
 it his duty to declar^e, as he would have 
 prefumed to have done in hi;s Majefly's 
 prefence, is a miflaken opinion of the 
 Minifters, and not fadt. On the con- 
 t^-ary, were his Majefty's arnas fp to pfe-^ 
 
 B 3 vail, 
 
 t*. i^i4uA'., ^ ._ 
 
6 PREFACE. 
 
 vail, as to place this fuppofed number of 
 loyalifts in the feat of government ; and 
 was that government eftablifhed on civil 
 power and authority only, it would be 
 inefficient and impradicable. Was it 
 combined with military eftablifhmentfi;^ 
 and derived its fpring from military force, 
 thefe very loyalifts, if ever they fubmitted 
 to it, would take the firft opportunity of 
 revolting from it. Even thofe of them 
 who are living in this country under his 
 Majefty's prote<Si:ion, and on his gracious 
 bounty, will not venture (fome few 
 excepted) to pledge their honour and cha- 
 rad:er to the contrary of this. If they 
 are ready to acknowledge this, his Ma- 
 jefty will find them more ufeful fubjedt? 
 fettled in the government of Quebec than 
 living here. This reafon, therefore, on 
 which his Majefty's Minifters advife 
 the continuance of the war in America, i§ 
 unfounded, will always prove delufive ip 
 the trial, end hath mifled them. 
 
 If the Minifters give hopes, either to 
 his Majefty, or to the people, that 
 they can at any pra6lic;ible expencc, or 
 by any means, fend to America numbers, 
 fhat ftiall be equal every where, wherever 
 the lervicc requires it, to meet the nunj- 
 bers which that country can at any given 
 time bring into the field upon their own 
 
 ground ^ 
 
PREFACE. 7 
 
 ground; they not only totally over-rate the 
 fources of Great Britain, both in men and 
 money, but have no idea of the numbers 
 which communities, in that ftate of civil 
 progreflion, in vv^hich the American colo- 
 nies are, have always been able to bring, 
 and can bring into the field occafionally, 
 fufficient to the obftrudting the opera- 
 tions of his Majcfty's arms. If they 
 have hopes of fubduing by force of arms 
 thefe people, as now connefted with the 
 French, and call this a French war in 
 America — they fhould endeavour to have 
 alliances alfo in Arneiica: they fhoul4 
 endeavour to procure a foederal union with 
 the Americans, on the folid bajis of the 
 aBual Jiate of things, France would be 
 conquered in America the moment tb-at 
 Great Britain formed an alliance with the 
 Americans, or would be driven out of it. 
 Thefe very Americans would foon have 
 occafion to call upon his Majefty's arms 
 for afliftance to drive the French army 
 out of America, if they did not retire at 
 the fame time in which his Majefty be- 
 gan to withdraw his troops. 
 
 His Majefty's Minifters, after the 
 conceflions which they have perfuaded 
 Parliament to m^ke ; after the conceflions 
 which they have fuffered his Majefty's 
 Commiflioners to make, without difap- 
 
 B 4 proving 
 
» 
 
 PREFACE. 
 
 provi|ig their conceflions, but rewarding 
 their fervices ; cannct venture to fay to 
 his Majefty, that they advife the carry- 
 ing on the war in fupport of his Ma* 
 jefty's fovereignty in America. While 
 they held out revenue, to be drawn from 
 America in aid of fupply, as an objedt to 
 the landed gentlemen of England, they 
 gave up taxation over America : they have 
 fpent more than fifty millions j and in- 
 jftead of revenue have created a debt which 
 thefe landed gentlemen miift pay the in- 
 -creft of. While they prefumed to hold 
 out to his Majefty the maintenance of 
 his fovereignty over America, as the ob- 
 jedl of the war, they acquiefced in con- 
 ceflions, ofFering to the American govern- 
 ments, Jpectfica/fy as jtates, the power of 
 the fwbrd, the purfe, and the exercife of 
 a perfc<ft freedom of legiflation and inter- 
 nal government, and thereby, in cfFedt, if 
 not in fa(ft, have made a ceflion of that 
 fovereignty to thefe States ; and have loft 
 the country. 
 
 Sad experience has fhown, 'that they 
 have not the leaft embryo of an idea as 
 to the means of carrying on the vvar in 
 America. They have neither oSJe^ nor 
 end in view : yet they have entangled his 
 Majcfty's affairs in a fatal necefiity of go- 
 ing on with war, becaufe the Miniftcra 
 )wnow not how to make peace. 
 
 While 
 
PREFACE. 
 
 While at one time, " in the hour of 
 '•* their prefumptiotit* they have plcdge4 
 the honour of the Crown and Parliament 
 to meafures whiph they cannot cfFedl j 
 and at another, in the hour of their humi^ 
 Hation, have made conceflions in the other 
 extreme ; they have brought forward the 
 American cplQnips (is States \ they brought 
 them forward to the becoming an object 
 under fo flrapge a predicament, as hath 
 rendered it impOiiible and impracticable 
 that even themediatipn of friendly powers 
 can interpofe and take place. 
 
 And finally, while nothing remained 
 which ought to be done, or can be done, 
 fo as even to commence negotiations in Eu- 
 rope, but the making fome preliminary 
 treaty for a truce that fhall prepare the 
 way to a congrefs, they have cut even 
 the very grounds of treaty from under 
 their own feet. 
 
 This ground, us ftated in the memo- 
 rial, contained the only path which lay 
 open and could have led to the veftibule 
 pf the Temple of Peace. The Memo- 
 rialid, Jruftjng that the Americans even 
 flill " retained too great a regard for the 
 *<* kingdom from which they derive their 
 
 <( 
 
 ff 
 
 origin, to expeft any thing in the 
 of treating which \yas 
 
 manner 
 
 inconfiftent with 
 
 «*her 
 
10 
 
 P R E F A C E. 
 
 P 
 
 I 
 
 ** her honour," and that they would, *• in 
 " the mere point of honour, even help 
 •* out her Miniftcrs :" alfo confident that 
 thofc perfons who are authorized by 
 America to treat of peace, notwithftand- 
 ing the accounts received, and opinions 
 formed, by the Minifters, are, though 
 enemies, men of honour and good faith ; 
 and confcious that he was known, both in 
 England and America, known by his in- 
 fignificance, never to have written, fpo- 
 ken in Parliament, or adted in any one 
 inftance, on party grounds, in this great 
 queftion refpedting America, did prelume 
 to think he could meet thefe perfons on 
 grounds of agreement, preparatory and pre- 
 liminary to definitive [treaty in a general 
 congrefs of the Powers of Europe. The 
 perfons who muft have afted in this, not 
 being fuch as the Minifters could ad~ 
 vife the aSiing with, all confideration of 
 the meafures propofed was precluded. 
 
 As the very idea of fuficring thofe per- 
 fons to communicate, who could perhaps 
 have met on grounds of agreement, "wlureon. 
 negotiation in all its forms might here- 
 after have advanced, was inadmiHible by 
 the Minifters, the Memorialift did not 
 communicate the line of treaty, nor the 
 points through which that line might 
 have been drawn. As he did not find 
 
 himfelf 
 
PREFACE. 
 
 II 
 
 Jiimfelf called upon to communicate thofe 
 matters to the Minifters, he (hould now 
 think himfelf greatly unjuftifiable, to 
 make them a matter of public communi- 
 cation. He hopes that the opportunity 
 of obtaining that preliminary ground, 
 whereon the Honour of the Crown and 
 Nation might have flood undiminiftied, 
 will not be loft. That it may pleafe 
 God to protecft his Majefty's Honour; 
 to blefs his arduous endeavours for the 
 welfare of his people j and that the 
 next opportunity which Providence fhall 
 fufFer to come forward, may fall into 
 more acceptable hands, is the earneft 
 prayer of his Majefty's faithful old fer- 
 vant and devoted fubjedl. If unfortu- 
 nately, by the high ton of fome part 
 of the Miniftry, in which things will not 
 bear them out i by the contemptuous re- 
 jection ot perfons who could and would 
 have helpt them out, an opportunity of 
 the like fhould not arife again (the Me- 
 morialift ventures to exprefs an opinion, 
 be does not prefume to advife) nothing 
 remains, but, by an adt of real dignity, and 
 from a felf- derived fpi'rit of honour. To 
 
 DECLARE THE AMERICAN CoLONIES 
 
 Free States; and to treat with them 
 on the ground of perfe(^ reciprocity. If 
 this country hath yet thofe friends in 
 
 America 
 
t2 
 
 T R E F A C E. 
 
 { : 
 
 ,11 
 
 ■ \ 
 
 h 
 
 t 
 
 
 \ 
 
 America which it is faid fhe hath, here 
 they may adtually and effectually ferve it : 
 and if the old colonial a^edtions, change 
 ing their nature, have not turned to bit-p 
 tcreft hate, in the enemies which Ihe 
 hath there, fuch, when oace become al- 
 lies, will become friends in jsome Fa-* 
 MiLY Compact. 
 
 As the Memorial ift thought that no 
 one ought to prefume to offer modes of nc^ 
 gotiation for peace, who did not know 
 the ftate of the fervice as to war, he pre- 
 pared at the fiime time for his Majefty's 
 injfpedlion, A State of that Service, in a ie^ 
 cond memorial j pointing to that line 
 ■which by fuccefs^ if it (hoqld pleafe God 
 to give fuccefs to his Majefty's arms, 
 might lead to peace. This alfo was in 
 the hands of the late Secretary, and 
 would have been prefented. Candour, 
 in an open way of adting, would have 
 prefented this, though perhaps differing 
 in fome points from ideas pre-conr 
 ceived. 
 
 It did appear to the Memorialifl, that« 
 in the mode of conducting the war, which 
 hath been adopted from the beginning, 
 even fuccefs could not lead to peace. 
 Peace is the end of all war j but the mea- 
 fures of this war did not feem to have that 
 objedt or end. He faw his Majefty's afr 
 ,i|. fairs 
 
P R E F A C E. 
 
 »3 
 
 fairs entangled in a fatal neceflity of go- 
 ing on with war, becaufe the Miniftcrs 
 know not which way to look for peace. 
 He therefore pointed the meafures of the 
 fervice which he prefumed to ftate, to ob- 
 jects which might give grounds to peace, 
 and firm alliance hereafter in a Family 
 Compact i by which Britons, and BritifTi 
 Americans united, might once more be- 
 come, on a more extended bafis, the great 
 and glorious Nation thejr once were. 
 
 The hopes which the Minifters gave 
 of a fuccefsful iflue to this war, at the 
 time when they commenced it, were, that 
 his Majefty was at peace with all the 
 world belide : yet they have fo contrived 
 their meafures, and have fet the condudt 
 cf the war on fuch a principle, as hath 
 brought almoil every maritime power in 
 Europe to be hoftile to, if not enemies of,, 
 this country. The confequences of thefe 
 meafures in event, have fo combined 
 America with Europe, that the conteft 
 is become an American war in Europe* 
 and a French war in America. The mea- 
 fures of the flate of the fervice which he 
 prefumed to offer, tended to feparate this 
 unfortunate combination ; fo that by 
 fuccefs, and a temperate ufe thereof, peace 
 in Europe or America might train in fe- 
 parate negotiations (each ^n its own 
 
 grounds) 
 
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 P R E F A C fe. 
 
 grounds) and render it again pofliblcj 
 that, in that flate of bufinefs, the medi- 
 ation of friendly powers might take 
 place. 
 
 Thefe memorials in pure zeal, which 
 
 the Memorialifl hopes has not pafTed its 
 
 ^ bounds, and in perfe<S): duty, are laid at 
 
 his Majcfty's feet, by an old fervant of 
 
 the Crown, and faithful fubjedt. 
 
 •■^ ,, - .-■ v-,^.. - V.OJ 
 
 \ . ;.t.;-.y>;uv|J|, . p Q W N A L L.'' * 
 
 ■■'■■ /)^ ;\v^: il:ii ct 'vit^i itft^<':iixu ^ ,}■! 
 
 
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 J 
 
 
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 1; ; 
 
 '< ; 1 
 
 Jni 
 
 
 
 
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 .1 
 
 May 
 
 i 
 
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 ■ i 
 
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 yk 
 
 
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f. H ] 
 
 \^Ai.i4\Vi- «;X\ V\,uvA vV>*>V-tf'^ ^tv^^r) ^vi'^ -^^** 
 
 t r; May it pl£ase Your Majesty, 
 
 Y 
 
 OtJR Majcfty, byyour fpeech from 
 the thrphfe, having, at the moment 
 in which you, kre preparing to carry on 
 ;the war with the greateft vigour, de- 
 clared yOiif Wifli of procuring for your 
 fubjedls and their intcreft that protection 
 by peace, which you are endeavouring to 
 obtain for them by war j having, under 
 the fame confcious magnanimity as you 
 put an end to the late war, expreffed to 
 the world your readinefs to put an end to 
 this. 
 
 The French King having, by his let- 
 ter to the Archbimop of Paris, given 
 pledge, in an a6t of devotion, to his royal 
 word, that he is defirous of peace. 
 ' Two Auguft and Imperial Sovereigns 
 having offered their mediation in nego- 
 tiations to the fame end. r;*" ' '"r 
 r The Americans (the fource, caufe, and 
 object of the war) having, by perfons au^ 
 thorizedby them to treat of peace, declared, 
 the^t any reafonable meafures to that end, 
 Jhoiild have every ajjijiance in their power, 
 % whenever 
 
 
 i*»«a=.; 
 

 I 
 
 V \' 
 
 whenever Gnat Britain Jhould he dij^ofed 
 to it. (Nov. 23, 1781.) 
 
 And thefe \m notices having ^ coxnt 
 to your Majedy's Memorialiil (as he did 
 -)* immediately communicate to your Ma- 
 jeOy's Minlilers) he, an old fervant of the 
 Crown in this line of American fervicci 
 pradifed and experienced in thefe affiiirs, 
 orefumes to obtrude himfelf into your 
 Majeflv's preitnce, and to lay at your feet 
 the following memorial, as the lad and 
 only effort which Providence hath left in 
 his power, of doing his duty to your 
 Majefly and to his country. 
 
 If it were certain that a congrefs of all 
 the Powers concerned in the prcfcnt war, 
 held under the mediation of the high 
 Powers who have propofcd the fame, 
 would be productive of peace} yet no 
 fuch congrefs can meet until the fevcral 
 parties, amongd whom parts of this great 
 butinefs form more particular relations, 
 (hall mutually among(l themfelves fettle 
 fome preliminary articles, as to the mar^ 
 ner in which they will meet, and as to 
 the points in which they will (as our law- 
 proceedings phrafe it) join ilTue on the 
 matters to be difcufred. Until fome 
 
 * 
 
 • December 5, 1 781. f December 6, 1781. 
 
 grounds 
 
 
 ' T" " ' '"i#v *i''irn^''""'~*^"'^'"^'' 
 
[ «7 ] 
 
 grounds of agreement ^ whereon your Ma*^ 
 jcfty can fuffcr the Americans to meet 
 your Miniilers, or to attend fuch con- 
 grcfs, (lull be fettled by fomc prelimi»H. 
 nary negotiation, your Majcfty will ncvcr-^ 
 acquieCce in fending your Miniiler to any 
 congrefs into which their agents arc ad- 
 mitted as Miniflcrs. This mufl be an aA 
 of your own, in which no foreign Power 
 can interfere, fo long as the Americans^ 
 are your fubjedls. 
 
 This memorial on this point, from pre- ^' 
 cedents of what hath been done in the 
 like cafe, fuch at lead as may exculpate 
 his prefumption, endeavours to feek thofe 
 grounds on which the way to peace may » 
 be cleared and plained. '» ' * •• •» 
 
 He would not dare to hold in your ' 
 Majefty's prcfence, an opinion that any • 
 fuch treaty fhould be held with rebellant . 
 fubjedls, did not the following precedent • 
 rtiew that an Englifli Sovereign had fo ' 
 reafoned in the like cafe. In the year 
 1575, Queen Elizabeth offered her office - 
 of mediation* to Philip King of Spain, to 
 the purpofc of forming fome compromife 
 between him and his fubjedts : and fend- ' 
 ing Sir Henry Cobham on the occafion^ ' 
 
 * Carte, Cambden, &c. 
 
 c 
 
 diredcd 
 
 ■;{fa-r.i 
 
 . v*^^*». Jr- *"«'-— - ■* s 
 
 . ■ iiiiiiiiMi''IMi*a 
 
 ■•?!fS3*-- 
 
I 
 
 V [ 18 ] 
 
 dirc(flcd Irm to rcprcfcnt the mifchicfs 
 .»hich muft ci\C\ie/rom tie Dutch pro- 
 vinces falling under the French fubje^ion -, 
 and to prcis King Philip carne(lly to 
 ma^e peace, rather than run that danger. 
 Aftcrv. jrd, when the Dutch Deputies de- 
 clared, that if they wc/c rejedted by Eng- 
 land, they muft apply to France for aflift- 
 ance, the Queen was alarmed, and pro- 
 n>ifed to uje her injlanccs again, to procure 
 them a reajonahle peace. In the year I C76, 
 fhe fent accordingly Sir John Smitn to 
 Spain on the fame errand. Her Majefty's 
 reafoningon this occafion took it's ground 
 firft from neaffity, faying, that the grcatcft 
 princes and monarchs that ever were, have 
 been driven fundry times to yield to nc- 
 ceiHty : Secondly, from policy, cautioning 
 the King lijf the iojs of' thefe pre winces 
 jhould put in peril his other Jlates and king- 
 dotffs, being divided Jo Jar a/under as they 
 were: And laftly from prudence, that by 
 acceding to fome compromife he would 
 fparc infinite treafure, that was moA un- 
 
 f)rofitably employed in the weakening of 
 iimfelf, by the deftrudion of his own 
 natural fubjedts. Not fucceeding in thefc 
 advices, (he entered into a league with the 
 States, and fent, in 1 577, Thomas Wilks 
 to Spain, with a manifcilo of her reafons. 
 
 And 
 
 ■^ ff.'fcr- ' <■»*». tiiS'tT^ - « 
 
t '9 ] 
 
 Antf Lord North's cldcft fon*, with fcvcral 
 other noblemen, went and fervcd in their 
 caufe. Her Majcfty ceafcd not however 
 to prefs the neceflity of fomc compro- 
 mi(c, and in 1C78 fent tiie (amc Wilks 
 to Don John or Aurtria, toadvifc him to 
 yield to a truce. All was in vain. The 
 King however, in the year 1609, did agree 
 to a truce with them as with a free peo^ 
 ple'^, under the guaranty of England and 
 France, mediators J. 
 
 If any grounds of agreement, any preli- 
 minary terms, leading to peace, coula thus 
 be obtained, under fuch a truce as your 
 Majefly might find it confonant to your 
 honoiT to grant, your Memorialift mod 
 humbly propofes that fuch (hould be in- 
 definite; at the will of either party, or if 
 made under guaranty, with the confent of 
 the guaranties, to terminate on notice 
 given according to the law of nations and 
 of arms : ift, Becaufe if it were definite 
 it would fubfift only by cabals preparing 
 for certain war, fo as to obftrudl inftead 
 of open the way to peace: 2d, On tho 
 other hand, if the truce be definite, your 
 Majefty, or (if there be guaranties) the 
 guaranties, at any moment in which 
 
 • Cambden. 
 I Due de Sully. 
 
 t Temple and PufFendorf. 
 
 C 2 
 
 your 
 
[ 20 J 
 
 your Majefly or they faw any 111 ufe or 
 abufe made by mal-pradtices, or bad faith, 
 to the diminution of your rights, or 
 thofeof your people, might annihilate the 
 ground on which fuch mal-praftices took 
 their courfe, by declaring the truce at an 
 end. On the contrary, if the ufe o/pof- 
 fejjion granted under a truce were nor mif- 
 ufed, but if fo ufed as to lead to treaty 
 for peace in future : fuch treaty might 
 wait events, or take place as emergent 
 caufes called it forth j might have its true 
 digeflion of negotiation, and not rifque 
 the being broken ofF I: r the determina- 
 tion of a definite period j or it might 
 continue, without falling hack to a revival 
 of all the difficulties with which this 
 bufinefs muft always be entangled and 
 perplexed. 
 
 Under fuch a truce granted by your 
 Majefty, the States of America (as the 
 Commiflioners fent out from Parliament 
 ftiled them) being in the pofTeffion, ufe, 
 and exercife of certain powers, as Free- 
 States defaBo (while your Majefty quit- 
 ted no claim, but remained in 'pofTeffion 
 of your rights unaffedied, and of your 
 honour unimpeached) would, if the ftate 
 and circumftances of Europe required 
 their attendance at any congrefs, come 
 there as fuch only by virtue of the truce 
 
 undev 
 
 M 
 
 r ^^HtL'- ick.*..^— ■! 
 
[ 21 ] 
 
 under which they held quiet pofTeffion, 
 and had the ufe and exercife of their 
 powers, and not by right claimed : for 
 until other Sovereign Powers (hall, as the 
 French King hath done, acknowledge 
 their independence, they cannot be re- 
 ceived as independent States, the allies of 
 any other Sovereign : On the contrary, 
 fuch a truce would relieve all difficuK 
 ties with thofe Sovereign Powers, who, 
 though they did not acknowledge their 
 independence, might fee the neceffity of 
 thefe Americans being admitted as atten-^ 
 danty if not component parts, of any con- 
 grefs which (hall meet. 
 
 The chief matters refpecfling the modes 
 qf pojfejjion and the regulations of commerce ^ 
 being by preliminary treaty, under the in- 
 definite continuance of fuch a truce, ar- 
 ranged and fettled, would clear the way 
 of the principal difficulties of negotiation 
 in any congrefs to be held, both as fo 
 forms, matters, and perfons, and preclude 
 all cafes wherein your Majefty's honour 
 might be committed. 
 
 Further : The putting of any negotia- 
 tion, which your Majelly might permit 
 to be undertaken, on the ground of fuch 
 a preliminary truce, in order to prepare 
 m,atters for the meeting of a congrefs, 
 will give (notwithftanding fuch treaties 
 
 C 3 already 
 
 / ^ 
 
 ;^£^ 
 

 [ « ] 
 
 already fubfifting as the Americans have 
 with the French King, and to which they 
 referred in the late propofals) both op- 
 portunity and right to negotiate feparately 
 without France; as fuch preliminary ne- 
 gotiation would in no way contravene nor 
 even bring into queftion treaties already 
 fubfifting. 
 
 This memorial taking up the confi- 
 deration of your Majefly's fervice in the 
 affairs of America in this point of proce- 
 dure, the Memorialift prefumes to offer 
 his ferviccs to undertake a negotiation 
 for the purpofe only of fettling ? truce 
 with the Americans, as a preliminary 
 mcafure, in order the better to treat of 
 peace in future; either feparately or in 
 any general congrefs of the Powers of 
 Europe. 
 
 The Americans, although they have 
 hitherto declined offers of conciliation, 
 and even of treaty, are yet, at this time, 
 even fjnce the advantages gained for them 
 by the arms of the French King, ieady 
 ^nd willing to treat. 
 
 The charadler of all nations, where 
 the power of deliberation lies with the 
 people, fluduates between the extremes 
 of confidence and jealoufy. The peculiar 
 charaderiftic of the Americans is, jea- 
 loufy to the extreme. Great Britain hath 
 
 not 
 
 ^ 
 
r 23 ] 
 
 not been without her jealoufies, as un- 
 founded as the other. That repercuffion 
 of the fpirit of jealoufy wrought the 
 breach in your Majefty's gcvernment in 
 Am-^rica, and brought on the war. The 
 fame fpirit is now fermenting in Ameri- 
 ca, to jealoufy of their great and good 
 ally the French King. That paramount 
 fovereignty of the Britifh Crown, which 
 they feared in apprfchenfion ; a^uated 
 now by their General, fupported by a 
 French army, they now feel in fadt. The 
 many points on which future union of 
 fyftem, and conjunct powers and opera- 
 tions, muft turn; the n^any difficulties 
 which muft arife in eventual partitions 
 of the advantages to be derived ; the very 
 different idea of remuneration which muft 
 naturally arife in the exped:ation of the 
 French troops, and in the cftimation of 
 the Americans; the perplexities which 
 muft occur in arrangements that muft be 
 made in quartering ar<^ fupplying a regu- 
 lar army, that will not be fhifted off, in 
 the manner in which the poor wretches 
 of an American army have been treated ; 
 the provoking infolence which the Ame- 
 ricans muft experience from the French; 
 but above all (of which the greatcft ufc 
 may be made) the contemplation of the 
 manner of getting rid of this army of 
 
 C 4 allies. 
 
 ■OktaMMM 
 
u 
 
 ii 
 
 [ H ] 
 
 allies, when they want their fervicc no 
 longer, and defire their departure. Symp- 
 toms of the fcnfe with which they feel 
 thefe things begin already to (liow them- 
 felves, and will foon work to jealoufies 
 that will break out in open quarrel, if 
 your Majefty's meafures (hall give fcope 
 to them. All thefe points confpire not 
 only to make it the intereft of the Ame- 
 ricans, but their wifli, to commence fome 
 negotiation with Great Britain before 
 they are more entangled and involved 
 with thefe fufpeftcd allies : if this crifis 
 be negledlcd, they may however be fo 
 entangled, that their endeavours to 
 emancipate themfelves, although con- 
 fpiring with the efforts of Great Britain, 
 may not be able hereafter to co-operate 
 to any effcdtual purpofe. Although the 
 Americans have refufed offers of conci- 
 liation, and propofitions of treaty with 
 Great Britain j yet, when the grounds and 
 reafons of their conduct are compared 
 with the nature of their circumflances,and 
 the circumflances under which thefe offers 
 were made, a man of bufinefs will not only 
 be not furprizcd that they did thus reject 
 offers, and decline treaty, but, from the 
 nature of the reafon, will take experience 
 how to frame any future negotiation on 
 more practical gro-^nds. 
 
 The 
 
no 
 
 .ly 
 
 •.a 
 
 [ ^5 J 
 
 The terms of conciliation which were 
 framed by Parliament, and fent over to 
 the feveral Governors in America, in 
 order that they ftiould lay them before 
 the refpedlive alT .iblies of each province, 
 became inadmiflible to thefe people; ift, 
 becaufe they were addreffed to bodies of 
 men, who had delegated the powers of 
 treating of thefe matters ; while they 
 pafTed by that body of men with whom 
 that power did refide : 2dly, becaufe 
 the receiving of them by the rcfpej^ive 
 Aflemblies would have been virtually to 
 diffolve that union which exifted collec- 
 tively in the Congrefs only: and 3dly, 
 becaufe, under the queftionable form un- 
 der which they came to the AfTemblies, 
 had the people acceded to them, they 
 muft previoufly bfe fuppofed to have given 
 up that claim of right, on the claim of 
 which they had feparated from Great 
 Britain. In the predicament therefore 
 under which they ftood, they could not 
 receive them. The fame error of endea- 
 vouring to make ground to fuit the plan of 
 a meafure^ injiead of forming the meajure to 
 ground as it lay infacl, rendered all prof- 
 fers of treaty in 1778 impradticable. The 
 Congrefs could not commit itfelf by tak- 
 ing up propofitions offered by the Com- 
 miffioners; becaufe i^ faw, that iii mak- 
 ing; 
 
 \ -^ 
 
 1 
 
 i 
 
 MMMl 
 
1 
 
 [ 26 ] 
 
 ing tlicfc offers they had exceeded thci^ 
 powers, and believed that Parliament, 
 not bound even in honour to acquiefcc, 
 would not ratify them. Hciidcs, however 
 flattering the offircd ci'Jfions might be; the 
 propoled union under which they were to 
 take place, according to the plan of the 
 Commiflioners, fuppofcd a non-exi(tcnce 
 of, or an inclVicicncy in, the Congrcfs as 
 to ilate-affairs, which tor the future were 
 to be carried on in each refpcdivc Allcm- 
 My of each icparatc Province. The United 
 Sfatest therefore, in Congre/s ajjembled, mufl, 
 before they could admit thcle proportions, 
 concede deliberately to a previous aiH: of 
 abdication ; the offer therefore of ihefe 
 ccflions became inadmiillblc by Congrcfs. 
 Although thefc ccHions, which the Com- 
 milfioncrs in the hour of their humilia- 
 tion made offer of, were not admiffible 
 fis propojitions to be treated upon j yet the 
 Congrefs took the ground which they 
 gave, as ground exifUng in fadl, and re- 
 quired an explicit acknowUdgment of their 
 independence : or a withdrawing of the 
 fleets and army. 
 
 The nature of the ground which both 
 the conciliatory proportions, and the 
 offers of the Commiflioncrs, took, being 
 fuch as the Congrefs could not meet 
 upon without renouncing their exiflence; 
 
 and 
 
'V„y 
 
 t *7 ] 
 
 and which the fevcral Aflemblics could 
 not meet upon without renouncing thcif 
 union in Congrcrs j was the true realon 
 why the one could not be accepted, and 
 why the Iccond was inadmilliMe in 
 treaty ; not that the Americans were not 
 willing to treat, or had not many inte- 
 rclUng concerns to treat for, as will ap- 
 pear more fully in the following (late of 
 the circumftaiKCB and relations in which 
 they ftood towards the fovereign Powers 
 of the earth, amongfl whom they de- 
 clared themfelves to have taken their equal 
 ft at ion » 
 
 From the moment that they declared 
 that their allegiance to the Britifh Crown 
 was abfolved, and that their political con- 
 iie<5tion with the Britifh ftate was dif- 
 folved, they became aliens in Great Bri- 
 tain i a trading nation of aliens, without 
 any treaties of commerce, fuch as regu- 
 late the commercial intercourfe, under 
 the like benefits which nations having 
 treaties of commerce with Great Britain 
 enjoy. 
 
 If they trade with other nations, and 
 wiOi to trade at large, and not by an ex- 
 clufivc trade with any one only, they 
 muft make commercial treaties particular 
 with each nation, and fettle tnc whole 
 arrangement of tarifs peculiar to the 
 
 terms 
 
 '/■' 
 
w 
 
 [ iB ] 
 
 terms of the ir fpccial treaties for thcm- 
 felves ; as they have no longer any right to 
 communicate in, or enjoy, the foederal 
 benefits which they had hitherto enjoyed 
 under their allegiance to the Britifh 
 Crown, and during their continuing parts 
 of the Britifli nation. Thefe rights, 
 which the Britifli Crown had, through a 
 long fcrics of wars and treaties obtained, 
 they, by their feparation, have loft all 
 right to amongft the nations of the earth. 
 
 They ceafe to have any right to, or 
 fhare in, any of the Britifli fiflieries, 
 which are by treaties, and the laws of 
 nations, the acknowledged appendages of 
 the Britifli Crown. 
 
 1 hey have loft, lofing the benefits of 
 the Britifli atl of navigation, the carriage 
 of the American and Weft India trade to 
 Great Britain. 
 
 The two laft branches of navigation 
 was the great fource of their fliip-build- 
 ing bufmefs, and the creation of their 
 feamen. 
 
 They have loft all right of trading to 
 the Britifli dependencies, by which ^hey 
 are cut oft' from their circuitous trade be- 
 tween the fiflieries, Africa, and the Weft 
 Indies, in fifli, flaves, &c. and in mo- 
 lalTes, the ground of their diftillery. 
 
 They have loft all right of being pro- 
 
 tefted 
 
# 
 
 [ 29 ] 
 
 tedcd under, or of being udmittctl to a 
 fhare in, the ftipiilated privilege oFcutting 
 logwood in the bays of Campeachy and 
 Honduras, which Great Britain enjoys 
 under treaties with Spain. Under cover 
 of this privilege, the Americans chiefly 
 carried on, during their conncdlion with 
 Great Britain, an cxtenfive and advan- 
 tageous commerce, io a degree and in a 
 manner, fometimes, fo as to involve Great 
 Britain in mifunderftandings with Spain 
 on their fole account. 
 
 Finally, having renounced the protec- 
 tion of the Britilh flag, they have to treat 
 for the acknowledged edablifhment of 
 ibcir flag ; as alfo for the terms on which, 
 and the extent to which, it (hall be re- 
 fpedled by each nation. They have all 
 thefe rights to fettle with every nation of 
 Europe; but more efpecially with the 
 Barbary States and the Turkish Powers; as 
 they can no longer profit of failing un- 
 der the protedtion of the Britifli Mediter- 
 ranean pafles fettled by treaty with Great 
 Britain. 
 
 They have no right to the benefits ac- 
 corded to Great Britain by the Ruffian 
 treaties of commerce, unlefs obtained by 
 fome new treaty of their own, or enjoyed 
 under fome tacit interpretation of her 
 Imperial Majefty, 
 
 They 
 
 5 
 
 ' ( 
 
 HMMIMMMMI 
 
\) 
 
 [ 30 1 
 
 They can liiivc no right to j>i\rtakc of, 
 or participate in, the benefits of the trea- 
 ties which CJrcat Britain hath with the 
 kingdom of Tortugal, until they (hall 
 have made like treaties of aUiance and 
 commerce, unlefs under connivance for 
 the pre fen t. 
 
 They have alfo to fettle the tcrm^s un- 
 der which they (hall pafs the Sound into 
 the Baltic. 
 
 Nor is the manner in which their flag 
 fliall be received into the Port of Olten'i 
 yet Jet tit d. 
 
 This memorial docs not enter into the 
 predicament in which the A.ncrican com- 
 merce mufl iland with refpedt of trade to 
 and from Ireland, as that is become a 
 bulincfs above, md beyond, the comprc- 
 heniion of the Memorialift. As they now 
 Aand, they have all thefc rights, bothy^- 
 deral and commercialy to negotiate for, ma- 
 ny of which Great Britain obtained in 
 confequence of great and fucccfsful wars. 
 
 If they can obtain thefe under any re- 
 union with their nation and mother 
 country, inftead of having them to fo- 
 licit and treat for in every Court (not 
 Aanding on the vantage ground which 
 Great Britain did when (he obtained 
 them) a people pradifcd and experienced 
 will net be unfeeling to their own inte- 
 
 refl. 
 

 [ 3« ] 
 
 icd, nor at a lofs to fee their way to it, 
 whenever any preliminary treaty Hiall 
 have opened the way lor them. 
 
 To rum up all, they do in Wxtl feel -.ill 
 thclb matters and reafonin^ ; and pei - 
 fons are authorized hy them to treat of 
 peacet and thcfe perfons have declared 
 that any reafonahle mea/ures to that end 
 ihall have every abidance in their power, 
 whenever Great Britain fliall be difpofed 
 tc it. 
 
 It docs not appear to your Memorial iil 
 (with the molt humble deference he 
 fpeaks it) poflible, that any Miniilcr 
 from your Majefty, after the offers of 
 ceffions made by the Commiffioners, and 
 after the demands made by the Congrefs 
 thereupon, can meet with the Congrefs 
 upon ground of treaty, until fomc preli- 
 minary terms be fettled, as they may be 
 bed fettled, under the conditions of a 
 truce as above ftated. 
 
 Your Memorial ift, from his experience 
 in this bufincfs j from information of the 
 ftate of things, being convinced that a 
 preliminary negotiation may be com- 
 menced ; from his knowledge of the per- 
 fons with whom fuch matters muu be 
 negotiated, as men with whom it was 
 once his duty to aft, with whom he has 
 afted, with whom I.e has negotiated bu- 
 
 iinefs 
 
 
n 
 
 i 
 
 [ 3» ] 
 
 fincfs of the Crown, and whom, Iiow- 
 cver habile and dextrous he found them, 
 he always experienced to be of good 
 faith; as men who have known your Mc- 
 niorialift in bufinefs, and will have that 
 confidence in him which is neccflary to 
 the digcllion of affairs ; is bold to offer, 
 by his fcrvices, to undertake this negotia- 
 tion, and is ready, whenever your Ma- 
 jcfty (hall command him, to fubmit either 
 to your Majefty or to your Minifters, as 
 fhall beft pleafe your Majefty, h's idea, of 
 the line in wJbic6 it ought to train. 
 
 He does not prefumc to vaunt of his 
 former fcrvices in this American line, al- 
 though he ftiall always be proud of the 
 approbation they received. They are 
 now forgotten j and his fole ambition is 
 to eftablifh new merit in your Majefty's 
 eye by new fervices to your Majefty and 
 to his Country : nor doth he defire, in any 
 (hape whatfoever, any other reward. 
 
 AH which, craving your Majefty 's moft 
 gracious interpretation and pardon, if 
 aught ftiall appear amifs, is with the moflr 
 zealous duty to your Majefty, and in ex- 
 treme anxiety for his Country, fubmitted 
 to your Majefty *s wifdom. 
 
 Richmond, 
 'January i, 1782. 
 
 T. POWNALL. 
 
 Mav 
 
 4 
 
 
' 'i 
 
 t 33 ] 
 
 May it please Your Majesty, 
 
 YOUR Mcmorlalirt: Having, By his 
 memorial previous to this, which 
 he now begs to lay at your Majcfty's 
 feet, prefumed to ftate how, by negoti- 
 ation for an indefinite truce, Great Bri- 
 tain, without committing the honour of 
 the Grown, might advance to and ftand 
 ion, together with America, grounds of 
 ttgreement ; and having fuggeftcd that, J^ 
 Jiandingt (he might, without diminution 
 or impeachment of the honour of the 
 Crown, treat with the Americans as with 
 free fiates de faSlot under a truce; doth 
 herein proceed, in cafe all compromife 
 ihall be found inadmifUble in idea, and 
 all accefs to grounds of agreement im- 
 pradicable in fadt, to fubmit his opinion 
 of the ftate of the fervice in America. 
 
 Your Memorialift having been in the 
 fervice of the Crown during the laft war 
 in America, in characters wherein it was 
 his duty to be informed of and to ftud/ 
 thefe objedts \ wherein it was his duty to 
 
 D ^ive 
 
 ^tm 
 
 ■kMM 
 
\'\. 
 
 [ 3+ ] 
 
 give his opiniun on military operations ; 
 wherein his opinions were formerly adopt- 
 ed ; moft humbly hopes that he (hall not 
 be thought to have gone too far in pre- 
 fuming to give the opinion M^hich fol- 
 lows. 
 
 'YourMajefty's government is extended 
 over the provinces Quebec and Nova 
 Scotia J your Majefty's arms poflefs New 
 York, and in fome meafure cover the 
 pofTeffions of the Staten and Long Ifland; 
 .poflefs alfo Charles-town, and have an af- 
 cendant command in Georgia and Ealt 
 Florida. Between the frontiers of New 
 York, New England, and Quebec, there 
 is a diliri(5t poflefled by a number of 
 people, who having withdrawn them- 
 felves from the revolted provinces, and 
 taken as yet no part in the war, have for- 
 tified themfelves in a (late o^ neutrality. 
 
 The pofieflion of the provih«.es Qiiebec 
 and Nova Scotia, is necelTary to Great 
 Britain fo long as fhe retains her planta- 
 tions in the illands of the Weft Indies : 
 they are the fources from whence (at a 
 certainty, under dl events) thefc iflands 
 can draw their necelTary fupnly of lum- 
 ber, fifh, and live flock. The memorial 
 does not here take notice of the fupply of 
 flour, corn, and grain, nor of falt-provi- 
 iions, which may in future be drawn 
 
 from 
 
f 35 ] 
 
 from thence, as he conceives that thefe 
 may be more beneficially at prefent drawn, 
 the firfl from England, the laft from Ire- 
 land. 
 
 The pofleflion of thefe provinces is 
 neceffary to Great Britain as a nav?l 
 power : without them, (he can have no 
 naval fl^ation, command, or protection in 
 the American feas : with them, fhe may 
 have all thefe, although they may not be 
 able to fupply at prefent her navy with 
 all the naval ftores that (he may want. 
 They will, however, fupply fufficient 
 quantity to ward off the monopoly which 
 fome of the northern Powers of Europe 
 have formerly endeavoured, and may again 
 endeavour, to eftabiifh againft Britain ; 
 and havo, and may again, as far as fuch 
 could be eftabli(hed, ufe it hoftilely 
 againft hc^. 
 
 The province Quebec, occupied to the 
 extent that the variety of its natural pro- 
 du€ts and capabilities go to, will become 
 a much greater fource of trade, in all 
 events, than may appear openly at (irft 
 light. This province, by the command 
 which it hath of water-carriage (if the 
 maintaining of that command (hall be 
 duly attended to and continued) will be 
 the market to, and have the fupply of, not 
 only the Indians, but of all the inhabit- 
 
 D 2 ants 
 
1^ 
 
 t 36 1 
 
 ants of the back countries, as they fhall 
 become fettled, be they fettled by whom- 
 foever they may; for the merchants of 
 this province, by advantage of their wa- 
 ter-carriage, and by their eafe of com- 
 munication, will be able to fupply the 
 diftant market cheaper than any other 
 can, and will of courfe have the cuftom. 
 
 To defend and to maintain command 
 in this province, the Memorialift ventures 
 to fay it will be neceflary to maintain 
 fuch a naval eftablifhmcnt on the great 
 lakes, and on Lake Chai^pl particu- 
 larly, as fhall hold comi. ^.u in them. 
 This meafure this Memorialift firft had 
 the honour to fuggeft and recommend at 
 a congrefs held at Albany in the year 
 1754; this meafure was then adopted, 
 was for the firft time in 1755 put into 
 efficient execution, and proved a decifive 
 meafure in the events of laft war. 
 
 Such a naval power is neceffary for the 
 defence of Montreal and Quebec j fuuh 
 is neceflary to the maintaining of ai?.?.bo- 
 rity with the Indians, and to th? kc ;d' .|; 
 open the courfes of trade and comvsi^ x i 
 it is neceflary to cover the advancing fei- 
 tlements of the province, as in time it 
 fliall be enlarged in population and habi- 
 tancy. 
 
 The poflTeflion of the province Nova 
 
 Scotia^ 
 
[ 37 1 
 
 Scotia, by the command that a naval Na- 
 tion at Halifax may give, is neceflary to 
 the protedtion of the northern fiflieries in 
 America, at ieaft to fuch fharc as this 
 country may hereafter have in them. 
 
 The fort of intereft and power which 
 may arife from a right occupying of thcfe 
 provinces, will always retain fome hold 
 on the thirteen tribes which have gone off 
 from Ifrael'y and when war (hall end, will 
 make it their intereft to feek the alliance 
 of Great Britain : as, on the other hand. 
 Great Britain will always find it her in- 
 tereft to maintain a maternal alliance with 
 the Americans, her defcendants. 
 
 It is an objed:cf fuch interefting impor- 
 tance to the Americans and French, that 
 Great Britain fliould not poflefs thefe pro- 
 vinces as an enemy, that they will certainly 
 become an objedt of attack : Halifax and 
 Penobfcot will be attacked next campaign 
 by the French and Americans, and moft 
 likely Canada alfo. The defence of thefe 
 provinces, and the maintenance of thefe 
 pofts, is of fuch and fo great importance 
 to Great Britain, that all the force which 
 can be fpared for the North American 
 fervice, ought to be united at thefe points, 
 and not divided. They ought not to be 
 frittered away by being ftationed at pofts 
 where the fervice is not fo decidedly ne- 
 peflary, and where, not by the fatality, 
 
 D 3 but 
 
 " i"<HWWl»l 
 
.1 
 
 [ 38 ] 
 
 but by the natural couife of war, they 
 mud lurrender. 
 
 The defence of the province Qiiebec 
 depends, ifl-, on the maintaining of the 
 naval command of the lakes; zd, and 
 next, on having within diftance of fupply 
 and relief (and of mutual communication, 
 where that can be contrived) ftrongly- 
 fortified pofts, with fufficient garrifons, 
 (it the heads of the waters oi th2ii province, 
 on Lake Champlain, with outpofts on 
 Lake George and Wood Creek, and on 
 the rivers St. Lawrence, St. Francis, and 
 Chaudiere. 
 
 The eredling the diftrid: aforemen- 
 tioned, lately called Vermont, into a fron- 
 tier province, under fuch edablifliments 
 civil and military, under fuch tenure of 
 property, and fuch frame of government, 
 as (hall make it worth the while of thofe 
 individuals (both thofe who lead and 
 thofe who are led) to wifli to be under 
 fuch government, would prove a mcafure 
 that might be wrought to a principal 
 part of ftrength. 
 
 Another part of defence and ftrength 
 added to the province Quebec, would be 
 a right eftablifhment and adminiftration 
 of Indian affairs. 
 
 The fettling fuch of the loyalifts, re-f 
 fugees from the Americans, as choofe to 
 
 live 
 
 
[ 39 ] 
 
 ]ive under British government, in a way 
 not to ruin but to preferve them, is not 
 only a meafure which honour, juflice, 
 and humanity require; but the fettling of 
 them in thefe provinces (if that be done 
 as it ought to be) will in time become 
 one of the principal means of defence and 
 ftrength to them. The giving to thefe 
 unfortunate and ruined people lands, in 
 the common idea of that meafure, would 
 be cruelty under the cloak of benevo- 
 lence ; but the purchafing for fuch of 
 them, who had been farmers, farms, in 
 part brought forward into culture (called 
 by the Americans improvements) and the 
 fettling them where they will be of the 
 greatell ufe to the civil government, as 
 alfo to the military defence, as a militia, 
 would be an adt wherein true wifdom and 
 real benevolence would unite. To thofe 
 vA^o had not been ufed to farming, but 
 were merchants, houfes ihould be given, 
 with the means of commencing rgain, in 
 fome degree, their bufmefs, Thofe who 
 were merely tradefmen and mechanics 
 will be more eafily fettled and reinftatcd. 
 Thofe who in their original homes, from 
 whence they have been driven, were ad- 
 vanced, or were advancing, to honours, 
 and a fliare in the government of their 
 country, will of courfe become fubje(^s 
 
 D4 
 
 for 
 
 f^ 
 
 IMi 
 
 fmtmim 
 
[ 4° ] 
 
 for tru{V 4nd cmploymci^t with your Ma* 
 jcfty. 
 
 The defence and ftrength of Nova Sco- 
 tia will depend principally on a com- 
 manding naval force, whofe port, dock, 
 and ftation, will be Halifax ; arid on a 
 ftrongly-fortified poft, with a r^ fpedtable 
 garrifon, at Penobfcotj while the fe?t of 
 government, removed from all ipterfer-t 
 ence of navy or army, reftdes at Anna- 
 polis-Royal. 
 
 When the prefcnt Memorialift was Go-r 
 vernor of the province MalTachufett's-bay, 
 knowing the importance of that poft of 
 Penobfcot, he took pofleflion of it; and 
 bt < a fort there, which the people named 
 Fort-Pownall. The province paid the 
 jgxpence of the meafure, as alfo continued 
 to provide for the maintenance of the gar- 
 rifon there. He received the gracious apr 
 probation of his late Majefly, conveyed tq 
 him by Mr. Secretary Pitt; fo that the im- 
 portance of this poll: hath not been un- 
 known, and is not new to Government. 
 The people of MalTachufett know fo well 
 theimportaticeof it, that they will not only 
 make it a point of their own fervice, but 
 will never ccafe to urge their allies to 
 afiiti: tiicm in getting poffeflion of it. Your 
 Memorialift doth apprehend that meafure 
 to be already concerted and determined. 
 
 Thi? 
 
w 
 
 .3 
 
 I 41 1 
 
 . This poft ought to have, as part of it^i 
 parrifpn, a confjderable body of light-in- 
 fantry or \vood-huntcTS, employed as par- 
 tizuns in a continual range of fcouting 
 pn the line of communication between 
 Penobfcot and Chaudicre, which will 
 then be the line of frontier between New 
 England and Nova Scotia ; on which there 
 ought to be fuch temporary pofts as the 
 Romans ufed, and called ftationes aeftiysB. 
 There ought alfo to be a number of 
 whale-boats kept here^ as by ^eans of 
 fuch the mofl efficient and mod fpeedy 
 application of force might be made, 
 whenever, in cafe of irruption, it might 
 be fuddenly wanted ; and becaufe, while 
 we are always ready, the enemy would 
 find it a hazardous enterprize, which they 
 would fcarce rifquc, to crols the Penob- 
 fcot river, as they might be fo eafily cut 
 pff from retreat. 
 
 The havino a fleet in the North Amcr 
 rican feas, which ought to be afcendant 
 there, is neceflary ; i ft, to the (defence 
 pf the provinces Quebec and Nova 
 Scotia i adly, is necelTary to the maintain- 
 ing the communication between them> 
 and the communication of the forces 
 ported within them, to the fupply of the 
 fame, and to the maintaining free and 
 Open the navigation to apd from them, 
 
 to 
 
 i 
 
 mmtimtA 
 
v! - **. 
 
 [ 42 1 
 
 to the Weft Indies and to Europe. It is 
 neceflarjr to the protedtion of the North 
 American fiftieries. 
 
 New arrangements will become neccf- 
 fary to be made, cither by reforming the 
 civil, naval, and military commiflioners, 
 that they may no longer, as they have al- 
 ways hitherto done, both in jiirifdi<ftion 
 and execution, interfere with each other, 
 but confpire to the one great point, your 
 Majefty's fervice. 
 
 This Memorialijl would betray his duty, 
 if be did not here mention the necefjity 
 which will arife of eJlabliJlAng a Free 
 Colonial Conjlitution of Government in 
 thefe provinces \ but he does not now en- 
 ter into it, as that is an important matter 
 of confideration feparate from the prcfent. 
 It will however mix itfelf effentially in 
 the\confcquences. 
 
 The fquadron ported at Halifax, and 
 the fquadron ftationed in the Weft Indies, 
 unlefs they are united under one general 
 command as at prefent, will of courfe 
 have their orders to co-operate; and to 
 join in part or the whole, as the fervice 
 in its emergencies, for which no inftruc- 
 tions can be given, may require. The 
 Weft India fquadron will, in the ordinary 
 courfe of fervice, convoy the trade up to 
 the latitude of Bermuda, where the North 
 8 American 
 
[ 43 1 
 
 American fquadron will take it up, and 
 convoy it to theWeftcrn iflcs, or perhaps 
 only to the Banks of Newfoundland, as 
 the cafe may require ; and the European 
 Weftcrn fquadron will he ready to receive 
 it at its approach to Europe : and fo by a 
 like divifion of fcrvice from Europe back 
 to America and the Weft Indies. 
 
 The confideration which arifes upon 
 your Majefty's idand Bermuda, will come 
 more properly fubmitted to view at the 
 fame point with that of Charles-town. 
 
 The pofleflion of the city New York 
 arifes next to view. As this memorial 
 hath ftated above the neceflity of the 
 command of the province Quebec be- 
 ing carried up to the heads of the waters of 
 that country ; fo if the command of New 
 York had been, as it fhould have been, 
 carried to the command of Hudfon-river, 
 the importance of it, and of maintaining 
 it, could not admit a doubt. The com- 
 mand of the Hudfon-river is the objedtj 
 not the port of New York. This is not 
 by its nature calculated for a dock-yard or 
 a winter harbour j it may, if there were 
 none elfe, be ufed as fuch, but with much 
 inconvenience, and liable to accidents. 
 Halifax is the place fuited beft to this 
 purpofe, and is at the fame time a fafer 
 ^nd more commanding flation. The 
 
 command 
 
 I 
 
 n { 
 
 I ; 
 
 M 
 
 MM 
 
 ilMMaai 
 
fr 
 
 [ 44 1 
 
 command of the Hudlbn-nvcr, as thia 
 Memorialift: hath on repeated occaHons 
 explained, might have given communica- 
 tion, co-operation, and union of force, to 
 your Majcfty's armj; and government ; 
 and would have cut off, in the very fpinc, 
 all that communication of reciprocal fup- 
 ply, all that co-operation and intercom- 
 munion of force, which was neceflary to 
 the enemy ; hut from the moment in 
 which the command of this river was 
 abandoned, the terminus aJ quern being 
 given up, the terminus a quo was of no 
 more ufe in that view of fervicc; which 
 experience hath fincc fufficicntly evinced, 
 in the pafling and repafling of that river 
 by the enemy, as their co-opcr.^tions of 
 fervice required, or as it became necefT^ry 
 to cut off all co-operation between the 
 parts of your Majefty's fervice. As to 
 the keeping poflefiion of this pod for the 
 purpofe of trade, that will much better 
 go on where there is no military fuperin- 
 tendency. If uponjyjiem, looking and j uftly 
 diredled to that point, the operations of 
 your Majefty's fervice had been carried to 
 ii general pojjejjion of All the trading ports 
 on the coajis, Bofton, Newport, New Lon- 
 don, Newhaven, New York, the Dela- 
 ware and Chefapeak bays, and Charles- 
 town, that would have been another mat- 
 ter; 
 
 
 ^^"^^^^^"^^^^^^ 
 
[ 45 ] 
 
 \ 
 
 tcr; but the poiTcflion of one or two 
 only will have no other efFcd than the 
 ordinary courfc of trade hath had, that of 
 raifing one port by the diminution of 
 another, of raifing that which is free, and 
 deprefllng that which trades y«^ hafia. 
 
 In a military view it becomes well wor- 
 thy of confideration, whether this poft, 
 inilead of being merely defcnfive and 
 protective, may not, like Gibraltar, prove 
 an unceafing poft of war, which will 
 cxhauft the refources and diftradl the for- 
 ces of your Majefty's fcrvice. Befides, 
 this garrifon, unlefs there be an army alfg 
 in the field, can never, as a garrifon, cover 
 the Staten and Long Ifland, much lefs the 
 reft of the province. 
 
 Thofe who have alternately taken and 
 loft Charles-town, are the beft judges 
 how far it is capable of being maintained 
 under th; prefent ftate of the fervice j arc 
 judges of the communication, as part of 
 a fyftem, which it may have with other 
 parts of your Majefty's fervice ; of the 
 certainty of adequate fupply and ne- 
 ceflary fuccour it may depend upon. On 
 the other hand, confideration will ma- 
 turely weigh how much more this poft 
 (like that of New York) may exhauft the 
 refources and diftradt the forces of your 
 Majefty's fervice ; as alio how the garriJ* 
 
 fpa 
 
 7 
 
 i 
 
 \ I 
 
 \ ! 
 
 MMiM 
 
, ,1 
 
 f 
 
 [ 46 .1 
 
 Ton itfclf will be conflantly cxhaufled by 
 the nature of the fituatioii in luch a cli- 
 mate, fo as to become a perpetual draught 
 on the rell of the fervice. A garrilbn 
 thus pent up on a neck of land, leads to 
 no command in or protedlion of tlic coun- 
 try ; and in point of com.*»ercc the fame 
 may be faid of this as of New York. 
 
 The Memorialill would not prcfumc 
 thus to urge his opinion, did it not ap- 
 pear to him, that there is a port of much 
 more ufe ; much belter calculated for 
 general fervice ; a port by means of which, 
 if not at which, the North American 
 and Weft India fq^uadrons may form an 
 union of fervice : a jlal' 7 which may 
 be employed to the gre efFe<^, both 
 
 in the protection of the trade of your 
 Majefty's fubjeits, and in annoyance of 
 that of their enemies : a place in which 
 your Majefty c forces would live in the 
 moll healthy climate. If your Majefty 
 fliould pleaie to order your troops garri- 
 foning Charles-town to change their por- 
 tion, and part of them to take port at 
 the ifland Bermuda ; to order that iiland 
 to be fortified as ftrongly as the nature of 
 the place (ftrong alfo by nature) and as 
 the art of military defence can make it ; 
 as ftrongly as tl:ie nature of the fervice 
 requires it fliould be made; every good 
 
 purpofc 
 
 
[ 47 3 
 
 piirpofc of an important pojl would be 
 anfwcred. It would become an entrepot 
 between the Weil Indies and Nortli 
 America, between the Weft Indies and 
 Europe ; a plaa of refuge to mercantile 
 navigation in cafe of diftrefs or danger in 
 thofe fcas ; a ibtion of annoyance, both 
 by frigates and privateers, to your Ma- 
 jefly's enemies in cafe of war : and would 
 be found of twenty times the importance 
 which Minorca* now is in the Mediterra- 
 nean fea. 
 
 As to the provinces Georgia ?nd 
 Eaft Florida, if the Memorialift dared, 
 from general ideas of the general fervicc, 
 to expref. an opinion on a particular point 
 of fervice, where faSls nave never yet 
 been afcertained, as to the benefits of 
 thefe provinces compared with the ex- 
 pence of their cftablifhmcnt and their 
 ufe J as to the ftate of their command or 
 defence ; and as to the efFeA of a Britifli 
 governm ;nt there ; he would fay, that if, 
 on fome good occafion, and for good and 
 fufficient confideration, they were ceded 
 to Spain ; the Spaniards and Americans 
 might here make the firfl: experiment of 
 their alliance and mutual amity, in the 
 fettlement oi a line of dmar cation between 
 their relpedive domains ; as alfo of arti- 
 cles of friendly commercial intercourfc 
 
 * When this Memorial was written and cotnmu" 
 nicatcd, Minorca belonged to Great Britain. 
 
 of 
 
 
'f 
 
 f Ij, 
 
 ). 
 
 li 
 
 p 
 
 t 48 3 
 
 (of their fubjcds on thefc frontiers. Thi* 
 his opinion is founded, amongft other 
 icntiments, on a belief, that the one ol' 
 the other of thefe Powers would fooil 
 apply to your Majcfty for your royal me- 
 diation, if not for your protedtion. 
 
 The fame, if not fomething more, and 
 more particularly decifivc, may be faid as 
 to thofe parts, where the French military 
 force (like the rider which the horfe took 
 to his aid) is afcendant in alliance with 
 the Americans, of the eifeft of your Ma- 
 jefty*s withdrawing your operations f om 
 interfering with the harmony of this al- 
 liance. 
 
 By thefe means fformed as the combi- 
 nation of events new is) the troops, inftead 
 of remaining po'^ied in stations that give 
 no protedtion, that have no co<^operationj. 
 that are liable to diftradt the efforts of 
 your Majefiy's /ervicc, and that are liable 
 to be cut off from communication of 
 fupply and aid ; would be Cd drawn to- 
 gether, as that they would have commu- 
 n'cation and co-operation 5 and give pro- 
 tedtion 10 your Majefty's fubjedts and 
 provinces, and force and efficiency to 
 your Majefty's command and govern- 
 ment; and form a confpiring united 
 fyftem of that command throughout your 
 Majefty's dominions in America connedt* 
 ed with Great Britain. 
 
 Br 
 
 
t 49 1 
 
 B;' thefe means your Majefty would 
 foon iind yourfelf holding the balance of 
 power betweeii thefe new allies of that 
 ^3untry: a power that would carry com- 
 mand wherever it was called upon to in- 
 terfere. 
 
 All which, in perfect zeal and duty, and 
 upon his allegiance, is mofl humbly fub- 
 mitted. 
 
 m 
 
 Richmond, 
 jfan, 2, 1782. 
 
 T. POWNALL. 
 
 ! 
 
 £ 
 
 A P P E N- 
 
' 
 
 M * r^ .. 
 
 r *' .- f 
 
 ■,;•,'. -K.r^A. 
 
 
 , :,. ./ -. ■. - 
 
 . ... nrr.:a 
 
 
 i . : . 1 I i I 
 
 -_. -fc.,^ „,-^^ «__..*,. 
 
[ S' ] 
 
 .o...> 
 
 ^ P P E N D I X. 
 
 CONTAINING SOME ARGUMENTS WHICH 
 WERE IN THE FIRST DRAUGHT OF 
 THE MEMORIALS, BUT LEFT IN THE 
 SECOND DRAUGHT AS THEY NOW 
 STAND AND WERE TO BE PRESENT- 
 ED, 
 
 THAT the idea of the fovereignty 
 which the liritifli State claims over 
 America, O'H againft which, as it was 
 claimed, Ai ica hath revolted, m;iv o 
 longer hang I'ufpendcd over that lueta- 
 phyfic ground on which it w^s at the 
 commencement of the quarrel firll ftated, 
 and on which it hath been labou ing, 
 until the bufniefs itfelf is quire ruined in 
 operation and nearly rendered impracti- 
 cable in negotiation : it is in the follow- 
 ing paper ftated on the ground of /aB, as 
 it flood in adt and deed before me revolt 
 of the Colonies, and as it now ftands 
 
 E 2 fince 
 
 i 
 
 mmm 
 
{ 
 
 '^r- 
 
 
 fe 
 
 5« 
 
 A P P E N D I A, 
 
 fince the journey of Britifli Commiflioners 
 to America. 
 
 The Britifli idea of the Britifli fove- 
 rcignty is. That the Americans as indivi- 
 duals, as alfo in their refpedive provin- 
 ces, colonies, and plantations, are indif- 
 folubly united to the Britijh States as fub- 
 jodts thereof, without bein^ participants 
 in the governing legiflature : That they are 
 fubjeds of a monarchy, in apd over the 
 Jimitation, fettlement, and eftablifliment 
 of which, wholly refiding lt\ Parlia- 
 ment, they have no legiflative controul: 
 That they are fubjeds of the King/not in 
 the fame manner as a Briton, who is a 
 participant in the will of the ftate, is 
 fubjedt to the King, but fubje»5t to tlie 
 Kf^Z in parliament. The Americans al- 
 ways held they are and ought of right to 
 be fubjec^ to the Kin^ in the fame man- 
 ner as a Briton is a fubjedt ; but conceive 
 that the King in Parliament is a compound 
 inonarch, in whom is united legiflative. 
 will and admin iftrative execution, and' 
 who is therefore in eflence and de fa<tto 
 abfolute and defpotic. 
 
 Thefe two ideas, if there can be no 
 modification in the one or the other, are 
 fo remote, and have fuch incompatible 
 difparity, that they could never be 
 brought to, or ftand on> the fame groun4 
 
 together. 
 
 V-. 
 
 fim 
 
 ■4' 
 [1* I 
 
APPENDIX* 
 
 St 
 
 together. They devcf could unite in ad- 
 miniftration of ihe government of the 
 Colonies; and can never meet in any ne-« 
 gotiation of their bufmefs as they now 
 iland towards each other. 
 
 No fyflem of the adminiilration of the 
 Colonies could ever harmonize, much 
 lefs unite thefe two repugnant and dif- 
 cordant ideas, fo long as, or whenever 
 the People on the one hand, and Officers 
 of the Crown on the other, were extreme 
 to mark, without any modification, the 
 utmofl bounds of either. 
 
 The government of the Colonies waff 
 always, by thofe who referred to the abluat 
 predicament in which the conftitutiont 
 ftood, and not to legal theories, which 
 exifted only in the remembrance of law, 
 conduced by that fort of addrefs, and un- 
 der thofe mutual acquiefcences, by which 
 the marriage ftate goes on; wherein, 
 whilftone ^ems to govern, the other ac- 
 tually does fo: and which, though fome- 
 times difturbed with temporary mifun- 
 derflandings, is upon the whole the hap-t 
 pieft ftate. 
 
 Thofe of the King's fervants in Ame- 
 rica, who adminiftered the royal powers un- 
 der this idea oi praSiicable Jbvereignty har- 
 monized with aSlual liberty; and who by 
 their conduct could acquire an intereft 
 
 £ 3 and 
 
54 
 
 APPENDIX. 
 
 
 y. 
 
 ii { 
 
 Lm ^ 
 
 and afcendancy in the opinions of the 
 people ; could, and did govern the Pro- 
 vinces. Thofe Governors, and other Of- 
 ficers of the Crown, who could not find 
 in their adminiftration to admit of any 
 modification of the ftridl legal idea of 
 fovereignty, fo as to fet it on the fame 
 ground with that liberty v/hich the people 
 called conflitutional, and claimed : thofe 
 who thus referred to an ideal fovereignty, 
 which never did txift in America, and 
 could fee and admit an actual liberty, 
 which did cxift, never could and never 
 did govern thefe Provinces. On the con- 
 trary, they perpetually brought the rights 
 of the Sovereign into difcuffion ; and as 
 conftantly committed the honour of the 
 Crown in difputcs, wherein it always loll 
 fome part, and have finally brought it 
 into a conteil wlicrcin it hath lolt the 
 whole. This is tlic opinion, and was 
 the fyftem, of a poor pradical Governor, 
 who did govern his Majefly's provinces; 
 this is the leaf out of his book, Vv'hich the 
 late Earl of Halifax direded kim to give 
 to his fuccdibr. Sir Francis Bernard, 
 that be might govern them as well as they 
 had been goiierned by the forgotten fervant 
 who writes this. 
 
 ■ This idea of h:irmonizing, by pradical 
 modifications of Sovereignty and Liberty ^ the 
 
 \ 
 
 .n"0( 
 
 X'dings 
 
APPENDIX. 
 
 55 
 
 proceedings of Government on conjlttu^ 
 tional ground, was the idea by which the 
 Americans drew the line of their rights 
 and claims. This ground, on which the 
 adminiftration of the government of the 
 Provinces had in fadt always flood, was 
 the old ground which they petitioned to 
 be placed upon, and which they . took 
 and fortified, in order to maintain, at the 
 commencement of this unfortunate con- 
 teft. 
 
 When the Americans were told from 
 authority, fupported by arms, * that 
 ** No line could be drawn between the Ju^ 
 preme authority of Parliament and the total 
 independence oj the Colonies' — when this 
 alternative was the only ground left — they 
 declared themfelves frel and inde- 
 pendent: And, 
 
 ill. Hhat all allegiance to the BritiJJj 
 Crown is abfolved. 
 
 2d. That all political conne5lion with the 
 Jlate of Great Britain is dijbhed. 
 
 The conteft: iiTued in an appeal under 
 arms to Heaven, Events, by fomething con- 
 trary to the ejlimation and ordinary courfe of 
 human affairs, have declared againfl Great 
 Britain. She therefore, under powers 
 originating in Parliament, and by Com- 
 
 * Governor Hutchinfon's fpecch to the AfTembly, 
 June 6, J 773. 
 
 miflloners 
 
56 
 
 APPENDIX. 
 
 H 
 
 ri«- 
 
 r , 
 
 miflioners commifiioned and inftrudle^ 
 by the King, has de fa£io acknowledged 
 tbofe Provinces, Colonies, and Piantations to 
 be States, And by propofitions made, hath 
 offered to confent to the eilabliihment of 
 every State, with power, by its own legifla- 
 ture, 
 
 ift. To fettle its own revenue, 
 sd. Its military edablifhment; fo that 
 no military force (hall be kept in 
 the different States of America, 
 Without the confent of the ge- 
 neral Congrefs or particular Af- 
 femblies. 
 3d. To exercife perfect freedom of le- 
 giflation and internal government. 
 If now, in the fame view as this paper 
 hath Aated the ad^ual exiflence of the fo" 
 vereignty prior to the revolt, the Miniftef 
 of ^e time being fhall examine what 
 operation this ftate of fovereignty, which 
 the Commiflioners propofed to confent 
 to, mufl have; they will find, that thefe 
 States, thus become independent in legif^ 
 ktion and internal government, indepen- 
 dent as to the purfe and fword ; and being 
 removed from Great Britain at thre© 
 thoufand miles diflance; this propofed 
 fovereignty left to the mother- country 
 could in principle be but a half-fove- 
 reignty, and in execution no fovereignty 
 
 at aiU 
 
 I Although 
 
 ' 16 f 
 
 \V 1 
 
 ] 
 
APPENDIX. 
 
 57 
 
 Although thefe propositions were not 
 accepted; although the government of 
 Great Britain is by no law, human or 
 divine; by no point of juftice, expfefs 
 or implied' by no obligation, perfeA 
 or imperfedt; bound to meet the fame 
 parties on the fame ground : yet, this 
 ceflion having been proffered by perfons 
 authorifed from King and Parliament, 
 and thefe propoiitions not difapproved, 
 but the perfons who made them reward- 
 ed J being made when America flood oa 
 the defenfivej Great Britain, who re- 
 tired back to this ground under the then 
 predicament, can never, under the prc- 
 fent circumftances of the Britifh arms, 
 advance forward de fafto to better. 
 
 The writer of this paper, having fub- 
 mitted to confidcration, on the grounds of 
 fa^ : Firft, How the fovereignty cxifled 
 Hi efficiency, prior to the revolt: Sc-' 
 condly. On what ground it muft now 
 ftand, as the ftate of our negotiations have 
 placed it : And, thirdly, having in his fe- 
 cond memorial, by a detailed ftate of the 
 fervice, (hewn how it ftands comrmitted, in 
 confequence of the events of war; cannot 
 perceive that he exceeds the bounds of duty, 
 which a faithful fubjed owes to his King 
 and Country, when he recommended, in 
 his fecond memorial, the withdrawing 
 
 the 
 
i V! 
 
 
 ]^S APPENDIX. 
 
 the troops from a fuburdinate conteft in 
 North America, which muft be decided 
 by other events clfewherej or that he 
 offends againft the ftridteft bonds of his 
 allegiance, when he recommends the 
 treating with the Americans as with 
 Free States, for a truce, on terms of uti 
 fojfedetisy as preliminary to a general con- 
 grefs of Europe; while, faving the ho- 
 nour of the Crown, he removes the ftum- 
 bling-block which lies in limite, and re- 
 commends what may be made pradti- 
 cable : Nor that he could incur the im- 
 putation of betraying the Crown, if he 
 was a Minifter, aftd fhould advife, in 
 cafe the fovereignty can neither be pre- 
 ferved by arms, nor re-eftabli(hed by 
 treaty, not a furrender or a ceflion, but a 
 withdrawing from the difmantled ruins 
 of a fortrefs, no longer defenfible or 
 tenable. 
 
 F 
 
 N 
 
 ^1 '. ^i