to Oswald, "of the best method to come at a general pacification, by treating separately with each party," and the powers for Oswald as Commissioner were at once prepared.* Fox however demanded the recal of Oswald, saying that his presence in Paris prejudiced everything, and on the 30th June he moved "that the independence of America should be granted even without a treaty for a peace." His object was evident. Were the independence of America to be formally recognized either by Act of Parliament, or by a proclamation under the Great Seal-assuming either of these courses to have been constitutionally possible-America would at once have passed from the department of Shelburne into his own. The Cabinet again decided against him. was for a treaty accompanying the surrender of the claim; but that it was also advisable that independence should in the first instance be allowed as the basis to treat on. This decision not coming up to Mr. Fox's ideas he declared, that his part was taken to quit his office." +

"The majority

While these events were passing Lord Rockingham who for some time past had been in failing health, was dying. The most sedulous attempts had

*Shelburne to Oswald, July 10th, 27th, 1782. † Lansdowne House MSS. Cabinet Ministers. Fox," i. 438-470. Autobiography of Grafton. Autobiography of the Duke of Grafton.

"Memorials of

been made to conceal the danger of his condition from the world. "Lord Shelburne," said the King on being informed of the decision of the Cabinet, "must see I am certain, with no small degree of resentment, the total ignorance that those who have governed Lord Rockingham cautiously try to keep both me and him in, as to the desperate state of that Lord, which certainly is with a view to some arrangement of their own. I am apprised that Lord Shelburne, though he has gone great lengths at the expense of his opinion in giving way as to American independence, if it can effect peace, would think he received advice in which his character was not attended to, if he intended to give up that, without the price set on it which alone could make this kingdom consent to it. Besides he must see that the great success of Lord Rodney's engagement has again roused the nation so far that the peace which would have been acquiesced in three months ago, would now be matter of complaint. From the language of Mr. Fitzpatrick it should seem that Lord Shelburne has no chance of being able to coalesce with Mr. Fox; it may not be necessary to remove him at once, but if Lord Shelburne accepts the Head of the Treasury, and is succeeded by Mr. Pitt as Secretary for the Home Department and British Dominions, then it will be seen how far he will submit to it. The quarrelling with the rest of the

party, as a party, would not be wise. If they can be got to remain, it would be advisable; but it would not be right, if only to be attained by Lord Shelburne's being placed in the shoes of Lord Rockingham, that is the head of a party, when in reality he would be the slave of it. He must be the Minister placed on a broad bottom."*

In the evening of the same day on which the above letter was written, Lord Rockingham died.

*The King to Shelburne, July 1st, 1782.

CHAPTER V.

THE ADMINISTRATION OF LORD SHELBURNE.

1782.

ON the 2nd of July, Lord Shelburne received the following letter from the King :

"Lord Shelburne must remember that when in March I was obliged to change my Ministry, I called upon him to form a new one, and proposed his taking the employment of First Lord of the Treasury, which he declined, to accommodate L Rockingham. The vacancy of that office makes me return to my original idea, and offer it to him on the present occasion, and with the fullest political confidence ; indeed he has had an ample sample of it, by my conduct towards him since his return to my service. I desire he will therefore see the Chancellor, the Duke of Grafton, and others, either in or out of office, and collect their opinions fully, that he may be able to state something to me on Wednesday. He is at liberty to mention my intentions with regard to

him, and to set forward in forming a plan for my inspection. The letter I wrote this morning and the conversations I have held with him previous to it, are the fullest instructions I can give on the subject. "G. R.

"Windsor, July 1, 1782."

The same day Shelburne communicated the royal intentions to the other members of the Cabinet. The Whig party at once objected. The proposed arrangement, they said, ought to have proceeded from the recommendation of the King's principal servants; and this opinion was shared by all the friends of the deceased minister. It cannot however be considered to have been a constitutional opinion. The King has an undoubted right to choose his own advisers. In practice, indeed, this part of the prerogative has become limited, owing to there generally being some statesman whose position in the country clearly points him out as the successor of an outgoing or deceased Prime Minister. In such cases, the King has no difficulty in his choice. When however no such person is clearly indicated by the voice of Parliament and of the nation, the King has to exercise. his own discretion, guided by whatever counsel he may think fit to seek. He ought however under

no circumstances to submit to the dictation of the remaining ministers; or of any other self-appointed junto. What the Whig aristocracy aimed at in 1782