THREE:This proviso, however, by no means affected the treaty with America. This secret treaty was made binding and effectual so far as America and England were concerned. The first article acknowledged fully the independence of the United States. The second fixed their boundaries, much to the satisfaction of the Americans; and liberty was secured to them to fish on the banks of Newfoundland, in the Gulf of St. Lawrence, and wherever they had been accustomed to fish, but not to dry the fish on any of the king's settled dominions in America. By the fourth, fifth, and sixth articles it was engaged for Congress that it should earnestly recommend to the several Legislatures to provide for the restitution of all estates belonging to real British subjects who had not borne arms against the Americans. All other persons were to be allowed to go to any of the States and remain there for the settlement of their affairs. Congress also engaged to recommend the restitution of confiscated estates on the repayment of the sums for which they had been sold; and no impediments were to be put in the way of recovering real debts. All further confiscations and prosecutions were to cease. By the seventh and eighth articles the King of England engaged to withdraw his fleets and armies without causing any destruction of property, or carrying away any negro slaves. By these articles, the navigation of the Mississippi, from its source to the ocean, was to remain for ever free and open to both parties. If West Florida happened to be in the possession of Britain at the termination of a general peace, a secret article determined its boundaries."The Government, if it should determine under existing circumstances to maintain the statutes excluding Roman Catholics from power, must ask for new laws, the old having quite broken down. They must bring in a Bill requiring candidates for seats in Parliament to take at the hustings the oaths of supremacy and allegiance; otherwise they could not prevent Roman Catholics from contesting every vacant county and borough in the United Kingdom, and from becoming ipso facto members of Parliament, should constituencies see fit to elect them. Practically speaking, there might be small risk that either in England or Scotland this result would followat least, to any extent. But what was to be expected in Ireland? That every constituency, with the exception, perhaps, of the university and city of Dublin, and of the counties and boroughs of the north, would, whenever the opportunity offered, return Roman Catholics; and that the members so returned being prevented from taking their seats, three-fourths, at least, of the Irish people must remain permanently unrepresented in Parliament. Was it possible, looking to the state of parties in the House of Commons, that such a measure, if proposed, could be carried? For many years back the majorities in favour of repeal had gone on increasing, Session after Session. Even the present Parliament, elected as it had been under a strong Protestant pressure, had swerved from its faithfulness. The small majority which threw out Lord John Russell's Bill in 1827 had been converted, in 1828, into a minority; and among those who voted on that occasion with Mr. Peel, many gave him warning that hereafter they should consider themselves free to follow a different course.
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