in Europe
were fairly running a race for the favor of America." For the disaster
to the army on the Hudson had had an effect in England even greater than
it had had in France, and Burgoyne's capitulation to "Mr. Gates" had
very nearly brought on a capitulation of Lord North's cabinet to the
insurgent Congress. On February 17 that minister rose, and in a speech
of two hours introduced two conciliatory bills. The one declared that
Parliament had no intention of exercising the right of taxing the
colonies in America. The other authorized sending to the States
commissioners empowered to "treat with Congress, with provincial
assemblies, or with Washington; to order a truce; to suspend all laws;
to grant pardons and rewards; to restore the form of constitution as it
stood before the troubles."[51] The prime minister substantially
acknowledged that England's course toward her colonies had been one
prolonged blunder, and now she was willing to concede every demand save
actual independence. The war might be continued, as it was; but such a
confession could never be retracted. "A dull melancholy silence for some
time succeeded to this speech.... Astonishment, dejection, and fear
overclouded the assembly."

[Note 51: Bancroft, _Hist. U. S._ ix. 484.]

But a fresh sensation was at hand. Horace and Thomas Walpole had
obtained private information of what had taken place in France, but had
cautiously held it in reserve, and arranged that only two hours before
the meeting of the House of Commons on that eventful day the Duke of
Grafton should tell it to Charles Fox. So now when North sat down Fox
rose, indulged in a little sarcasm on the conversion of the ministry to
the views of the opposition, and then asked his lordship "Whether a
commercial treaty with France had not been signed by the American agents
at Paris within the last ten days? 'If so,' he said, 'the administration
is beaten by ten days, a situation so threatening that in such a time of
danger the House must concur with the propositions, though probably now
they would have no effect.' Lord North was thunderstruck and would not
rise." But at last, warned that it would be "criminal and a matter of
impeachment to withhold an answer," he admitted that he had heard a
rumor of the signature of such a treaty.[52] So the bills were passed
too late.

[Note 52: Parton's _Life of Franklin_, ii. 309.]

So soon as their passage was assured, Hartley, "acting on an
understanding wit