The shameful length to which Congress carried this dishonourable shuffling astonished Europe. They insisted that Great Britain should give a formal ratification of the convention before they gave up the troops, though they allowed Burgoyne and a few of his officers to go home. The British Commissioners, who had arrived with full powers to settle any affair, offered immediately such ratification; but this did not arrest the slippery chicane of Congress. It declared that it would not be satisfied without ratification directly from the highest authority at home. In short, Congress, in open violation of the convention, detained the British troops for several years prisoners of war.

When Parliament opened on the 20th of January, 1778, the Opposition fell, as it were, in a mass upon the Ministry on this question. There was much dissatisfaction expressed at the Government allowing Liverpool, Manchester, and other places, to raise troops without consulting Parliament. It was declared to be a practice contrary to the Constitution and to the Coronation Oath. Sir Philip Jennings Clerke, on the 22nd of January, moved for an account of the numbers of troops so raised, with the names of the commanding officers. Lord North, whilst observing that this mode of raising troops showed the popularity of the war, and that the country was by no means in that helpless condition which a jealous and impatient faction represented it to be, readily granted the return. In the House of Lords the Earl of Abingdon moved to consult the judges on the legality of raising troops without authority of Parliament; but this motion was not pressed to a division. But, on the 4th of February, Sir Philip Jennings Clerke returned to his charge in the Commons. Lord North replied that this now hotly-decried practice was one which had been not only adopted, but highly approved of, in 1745, and again in 1759, when Lord Chatham was Minister, and that he had then thanked publicly those who had raised the troops for the honour and glory of their country. A motion was negatived by the Lords on the same day, to declare this practice unconstitutional, and a similar one later in the Session, introduced by Wilkes and supported by Burke.

WASHINGTON AT VALLEY FORGE, BY THE CAMP FIRE. (See p. [247].)

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The spirit of the country appeared to be running in a strong current for the return of Lord Chatham to the helm, as the only man who could save the sinking state, and bring the American difficulty to a happy issue. But the great obstacle to this was the still continued assertion of Lord Chatham—that the full independence of America could not be for a moment listened to, whilst to almost every other man of the Opposition that independence was already an accomplished fact. Lord Rockingham, who was looked up to as a necessary part of any Cabinet at the head of which Chatham should be placed, had, in the previous Session, asserted his opinion that the time had now passed for hoping to preserve the dependence of these colonies; and, now he saw France coming into the field against us, he was the more confirmed in this view. This was a fatal circumstance in the way of the establishment of a strong co-operative Cabinet, formed out of the present Opposition. But a still greater obstacle was the iron determination of the king. In vain did Lord North express his desire to resign and declare the necessity of conciliatory measures. George reproached him with intending to desert him. On further pressure he gave him leave to apply to Chatham and the Whigs, but only on the absurd condition that they should join the present Ministry, serve under Lord North, and carry on the policy of the existing Government. As usual, Lord North gave way, and consented to stay in office, and to bring in a plan of conciliation opposed to his former declarations.

On the 17th of February he introduced this plan in two Bills. He declared that his policy had always been pacific; that he had never proposed any tax on the Americans—when he came into office he had found them taxed already; that he had tried conciliatory means before the sword was drawn, and would still gladly try them. He had thought the former propositions to the Americans very reasonable, and he thought so still. Forgetful of the hopes that he had held out, of assisting the revenues of Great Britain by the taxation of Americans, he now surprised his auditors by asserting that he had never expected to derive much revenue from America, and that, in reality, the taxes imposed had not paid the expenses of the attempt to collect them. The first of his Bills, therefore, he entitled one "For removing all doubts and apprehensions concerning taxation by the Parliament of Great Britain in any of the colonies." It repealed entirely the tea duty in America, and declared "that from and after the passing of this Act, the king and Parliament of Great Britain will not impose any duty, tax, or assessment whatever, in any of his Majesty's colonies, except only such duties as it may be expedient to impose for the regulation of commerce, the nett produce of such duty to be always paid and applied to and for the use of the colony in which the same shall be levied." The second Bill removed some otherwise insuperable obstacles to a treaty. The Commissioners—five in number—were to raise no difficulties as to the legal ranks or titles of those with whom they would have to negotiate. They were empowered to proclaim a cessation of hostilities on the part of the king's forces by sea or land for any necessary term and on any necessary conditions. They might suspend all the Acts of Parliament respecting America passed since 1763, yet the Bill excepted the repeal of the Massachusetts Charter, and introduced that into a separate Act—another weak measure, for on such an occasion the only wisdom was to wipe away all Acts, or repeal of Acts, which had arisen out of these unhappy differences. The effect of this statement has been well described in the Annual Register of that year, in an article supposed to be from the hand of Burke:—"A dull, melancholy silence for some time succeeded this speech. It had been heard with profound attention, but without a single mark of approbation of any part, from any description of men, or any particular man in the House. Astonishment, dejection, and fear overclouded the whole assembly. Although the Minister had declared that the sentiments he had expressed that day had been those which he always entertained, it is certain that few or none had understood him in that manner, and he had been represented to the nation at large as the person in it the most tenacious of those Parliamentary rights which he now proposed to resign, and the most adverse to the submissions which he now proposed to make."

These unfortunate affairs precipitated the resignation of Lord George Germaine. His proud and impetuous temper had occasioned the resignation already of Sir Guy Carleton and of the two Howes. All complained that they could not obtain the necessary reinforcements and supplies from him as the Colonial Minister; and his tart and insolent replies to their complaints produced the retirement of these three commanders. He was already charged with having been the luckless projector of Burgoyne's disastrous expedition. Sir Henry Clinton was named the successor to the command of the forces in America, in the place of Sir William Howe. The punishment of North for the policy which had thus virtually lost America, was every day falling more crushingly upon him. On the 13th of March the Marquis de Noailles, the French Ambassador in London, and the uncle of Lafayette's wife, handed to Lord Weymouth a note formally announcing the treaty of friendship and commerce between France and America. On the 17th it was the bitter duty of Lord North to read this remarkable document to the House of Commons. The affected right to make such a treaty with the colonies of another nation, and the professions of goodwill, notwithstanding such an interference, amounted to the keenest irony, if not downright insult.

The reading of this French note aroused at once the old feeling of enmity between France and England. If there was a strong resentment against the Americans before, it now grew tenfold. The war became popular with all, except the extreme Opposition. Lord North moved an appropriate address to the king; the Opposition moved as an amendment to it that his Majesty should dismiss the Ministers. Loyal addresses from both Houses were, however, carried by large majorities. In consequence of the French note, the king ordered Lord Stormont to quit Paris, and the Marquis de Noailles took his departure from London, where, in spite of his official character, he was no longer safe from popular insult. Orders were also sent to the Lord-Lieutenants of the several counties to call out the militia.

Through all these arrangements Lord North continued to persist in his resignation. If the king had had any glimmering of what was necessary to save the colonies, he would himself have removed North long ago. But the only man who could take the place with any probability of success, or with any of the confidence of the public, was Lord Chatham, whom the king regarded with increasing aversion. Chatham's pride, which would not stoop an inch to mere outside royalty, feeling the higher royalty of his own mind, so far from seeking office, must himself be sought, and this deeply offended the monarch. Lord North could point to no other efficient successor, and George angrily replied that, as regarded "Lord Chatham and his crew," he would not condescend to send for "that perfidious man" as Prime Minister; he would only do it to offer him and his friends places in the Ministry of Lord North.