nner in which one of the noble lords, who have spoken in support
of the address, has thought it necessary that they should have applied
to us, is, indeed, somewhat extraordinary, such as is certainly
without precedent, and such as is not very consistent with the
constituent rights of the different powers of the legislature. His
lordship has been pleased to remark, that the crown has entered into a
treaty, and to ask why that treaty was not previously laid before the
senate for its approbation.
I know not, my lords, with what propriety this contract for the troops
of Hanover can be termed a treaty. It is well known that no power in
this kingdom can enter into a treaty with a foreign state, except the
king; and it is equally certain, that, with regard to Hanover, the
same right is limited to the elector. This treaty, therefore, my
lords, is a treaty of the same person with himself, a treaty of which
the two counterparts are to receive their ratification from being
signed with the same hand. This, surely, is a treaty of a new kind,
such as no national assembly has yet considered. Had any other power
of Britain than its king, or in Hanover any other than the elector,
the right of entering into publick engagements, a treaty might have
been made; but as the constitution of both nations is formed, the
treaty is merely chimerical and absolutely impossible.
Had such a treaty, as is thus vainly imagined, been really made, it
would yet be as inconsistent with the fundamental establishment of the
empire, to require that before it was ratified it should have been
laid before the senate. To make treaties, as to make war, is the
acknowledged and established prerogative of the crown. When war is
declared, the senate is, indeed, to consider whether it ought to be
carried on at the expense of the nation; and if treaties require any
supplies to put them in execution, they likewise fall properly, at
that time, under senatorial cognizance: but to require that treaties
shall not be transacted without our previous concurrence, is almost to
annihilate the power of the crown, and to expose all our designs to
the opposition of our enemies, before they can be completed.
If, therefore, the troops of Hanover can be of use for the performance
of our stipulations, if they can contribute to the support of the
house of Austria, the ministry cannot, in my opinion, be censured for
having taken them into British pay; nor can we refuse our concurrence
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