To come to particulars.
1. The laws and Constitution of the kingdom intrust the sole and
exclusive right of treating with foreign potentates to the king. This is
an undisputed part of the legal prerogative of the crown. However,
notwithstanding this, Mr. Fox, without the knowledge or participation of
any one person in the House of Commons, with whom he was bound by every
party principle, in matters of delicacy and importance, confidentially
to communicate, thought proper to send Mr. Adair, as his representative,
and with his cipher, to St. Petersburg, there to frustrate the objects
for which the minister from the crown was authorized to treat. He
succeeded in this his design, and did actually frustrate the king's
minister in some of the objects of his negotiation.
This proceeding of Mr. Fox does not (as I conceive) amount to absolute
high treason,--Russia, though on bad terms, not having been then
declaredly at war with this kingdom. But such a proceeding is in law not
very remote from that offence, and is undoubtedly a most
unconstitutional act, and an high treasonable misdemeanor.
The legitimate and sure mode of communication between this nation and
foreign powers is rendered uncertain, precarious, and treacherous, by
being divided into two channels,--one with the government, one with the
head of a party in opposition to that government; by which means the
foreign powers can never be assured of the real authority or validity of
any public transaction whatsoever.
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