7. Because, as we apprehend, we are to allow 60,000l. to the King of Spain, chiefly on account of the ships taken near Sicily in the year 1718; though it bath appeared to the house, from the inftructions given to the Commiffaries after the treaty of Seville, figned by his Majefty, now ly ing before us, that the articles of the treaty concluded at Madrid in 1721, upon which that claim of the Spaniards is founded, had been fully executed on the part of the crown of G. Britain. their carrying contraband or prohibited miffaries, at 343,277 I. should be fogreatgoods, is a violation and infraction of the ly reduced. treaties fubfifting between the two crowns. 3. We think the faid refolution doth wot fufficiently affert our right, by faying only, that we shall not be liable to be ftopped, fearched, or vifited upon the open feas. The merchants having proved at the bar of this house, that currents and winds unavoidably drive ships out of their courfe, and that obfervations of landmarks upon the Spanish coaft are abfolutely neceffary for their fleering a fafe courfe thro' thofe feas, we apprehend, that their being obliged to keep a direct course, without coming near the Spanish coaft, as lately infifted upon by the Spaniards, would render them fole judges of our navigation; and their being permitted to vifit or fearch our fhips within any limits whatsoever, would render our whole American trade precarious and impracticable. 8. Because the referring the limits of Florida and Carolina to the Plenipotentiaries, feems to call in queftion our right to poffeffions which we have fo long uninter ruptedly enjoyed, Jeven eighth parts or hares of which, the nation, at a confiderable expence, hath, not long fince, purchased of the proprietors under the two original grants 4. Because we fee no reason to believe of K. Charles II. a certain diftri&wherethat the future negotiation of the Plenipo- of, called Georgia, in honour to bis prefent tentiaries will, in the next eight months, Majefty, hath been erected into a new coobtain the admiffion of those rights infifted lony, and granted to truflees for laudable apon in our former addrefs, which the in- purposes; for the establishment and in fances and reprefentations made to the provement of which, confiderable fu court of Spain last year, fupported by the have been granted by the publick: And refolution of parliament, and a powerful moreover, it being ftipulated by the prefent ficet, have not been able as yet to procure. convention, that no fortification there, hall 5. Because we apprehend the Spaniards be increased during the term of eight months, do not think themselves bound, by this con- we apprehend that the regiment lately rai vention, to abftain from their unjuft me- fed for the defence of that colony, and also thods of proceeding; fince it was proved at the engineers and flores, which, at a conthe bar ofthis house, that Capt. Vaughan, a fiderable increase of the publick expence, commander of a British ship, having been have been fent thither, will not only reunjustly taken by a Spanish man of war, main ufeless, but if a peace should not be bis fhip confifcated, and he imprisoned at procured within that period, will, at the Cadiz, was, at the time of figning the end of it, be expofed, together with the convention, detained in prijon there, and lony, to the violence and irruption of the not releafed in feveral weeks after, not- Spaniards. withstanding the reprefentation of the Britifh Plenipotentiary at the court of Spain. 6. Because we conceive that the reparation pretended to be made to our merchants by this convention, for the grievous loffes they have fuftained during a courfe of many years, is infufficient. The dark accounts of this tranfaction, laid before us, have not been fully explained, nor any Jatisfactory reasons given us, why their demands, ftated in an account, figned June 14. 1738, by M Stert, one of the Com 9. Because we apprehend, the Briti minifters acceptance of the declaration figned by Monf. de la Quadra, January 10. 1738-9, faid to be agreed with reciprocal accord, bath allowed his Catholich Majefty to referve to himself, in its full force, the right of being able to fufpend the Affiento of negroes, in cafe the S. S. company doth not fubject herself to pay, within a short time, the fum of 68,000 1. pretended to be owing on the duty of negroes, profits of the Jhip Caroline, tho that fum and ate 7 41 was never otherwise acknowledged to be due, than as part of a plan of accommodation, wherein a much larger fum was admitted to be due to the faid company; whereby, we apprehend, the King of Spain may think that great company is put out of the protection of his Majesty as to this point, and left to his own mercy and equity: whereas, if the convention, as it now * ftands, had been figned without the acceptance of the faid declaration, the King of Spain would have had no pretence, as we conceive, to fufpend the Affiento: and therefore, we apprehend, that the faid declaration will be look'd upon as a defeazance of the faid treaty, as far as it relates to the S. S. company; which appears to us a difhonourable collufion, hurtful to the publick credit. [See p. 80.] 10. Because we do not find any fatisfaation has been obtained by this convention, for the frequent cruelties and barbarities exercifed on the British failors, nor for the many infults offered to the British flag; which we are apprehenfive may be thought an infenfibility of the fufferings of a body of men highly useful to the trade, and neceffary to the defence of these kingdoms, and tipy a great neglect of the honour of the nation. Graham Thanet Clinton Huntingdon Bruce Foley Burlington Gainsborough Haverfham Chesterfield Beaufort Mountjoy Cobham Macclesfield Abingdon Shaftsbury Lichfield Gower Stanhope Mafham Suffolk Northamp- Strafford Maynard Clifton [ton Westmoreland Coventry Briftol Aylesford A Boyle Carteret Talbot Bathurst S I have been pretty full in the account of the first day's debate, I fhall only give the most remarkable fpeeches that were made the second day, when our Club affumed a different character. The debate was begun by Pompmius Atticus in a speech to the effect before parliament, it is a cuftom fo long established, and a custom that has been fo conftantly observed, to present an addrefs of thanks upon every fuch occafion, that I fhould have thought it quite unneceffary to fay any thing in favour of the motion I am to make, if more than ordinary pains had not been taken to render people diffatisfied with the treaty now under our confideration. It is this that has occafioned the presenting of fo many petitions against it; and it is this that makes me think it neceffary, to endeavour to remove those prejudices that have been so artfully and fo induftrioufly raised among all degrees of men, before I make that motion with which I intend to conclude. I fhall begin, Sir, with this general obfervation, That when differences arise between two nations, an immediate declaration of war feldom is, and never ought to be the first resolution of either. If thofe differences proceed from any difpute about a matter of right, justice and humanity require, that endeavours fhould be used to have those disputes determined in a peaceable way, by the true and infallible rules of reafon, before recourfe be had to the deceitful and uncertain fortune of war; and if they relate to injuries done, or violences committed, the fame juftice and humanity require that fatisfaction should be asked, in an amicable manner, by the party offended, and peremptorily denied, or unreasonably delayed, by the party offending, before hoftilities are refolved on. Even the greatest affront that can be put upon, or the greatest injury that can be done to one nation, by the fubjects of another, ought to be complained of before it is revenged; because the honour of no nation can be injured but by fome publick or national act in another: therefore, when any injury is done, or affront given, by the fubjects of one ftate to thofe of another, the state whose fubjects have been injured, ought to ap ply to the other for fatisfaction; and as follows. Horace Walpole Efg: ought not to look upon its honour as a Mr Prefident, W Hen any treaty of peace or alliance is, by the King's order, laid ny way affected, till the ftate, whose fubjects committed the violence, has made the act of its fubjects its own, by 4 G re refufing to punish the tranfgreffors, or to make reparation for the damage fustained. This, Sir, is what juftice and humanity require; and what is juft and humane, must be honourable. Therefore when, upon application, there appears a probability that all differences may be fettled and adjusted by amicable means, while that probability lafts, it would be unjust, it would be barbarous, and confequently difhonourable, to have recourse to arms. Ambition or interest may prompt fome nations to make conqueits, and fuch nations may, and do often break through this established rule of juftice and true honour, by laying hold of the most frivolous pretence for engaging in war, without any previous application for an accommodation. But as it is not the intereft of this nation to make conquefts, and as, I hope, our ambition will never provoke us to act contrary to our intereft, we can therefore have no motive for tranfgreffing this rule, with regard to the differences that may arise between us and any nation in Europe. Upon this maxim, Sir, and in this light, if we confider the treaty now before us, I believe it will appear to be not only a juft and honourable measure, but the only juft and honourable meafure we could take, with regard to the differences now fubfifting between us and Spain; fome of which are fuch as proceed from difputes that have lately arifen about matters of right, and the reft are fuch as proceed from the violences and depredations that have been committed by fome of the fubjects of that kingdom against the fubjects of this. As the matters of right which are in difpute, are of great confequence to us, as Spain had little or no reafon to raise any difpute about them, and as their depredations have been great and frequent; if it had been our intereft to endeavour to conquer any part of the Spanish dominions, or if his Majefty had been influenced by ambition, and a purfuit after a glaring but falfe renown, he might, and probably would have laid hold of thefe differences, as a juft pretence for declaring war against Spain, without the leaft attempt to have them reconciled by amicable means: but as it is not the intereft of this nation to make conqueft, his Majefty confidered the peace and happinefs of his people as the most folid foundations of his glory; therefore he often applied, before laft fummer, to the court of Spain, for having the differences fubfifting between the two nations accommodated in a friendly manner; which that court always found fome excufe or another for delaying: but at laft his Majefty, upon the application from both houfes of parliament last feffion, made a peremptory demand, and infifted upon a speedy and categorical anfwer; and till that anfwer should arrive, his Majefty refolved, according to the maxim I have mentioned, and according to the advice of his parliament, to fufpend the effects of his indignation. When the court of Spain faw that the affair could be no longer put off with fafety, they appeared willing to enter immediately into a serious difquifition of the rights that were in difpute; and as thofe rights were of fuch a nature that they could not be in a fhort time fully examined into and finally determined, to fhew they were in earnest, they proposed to have the account between the two nations, for reparation of damages fuftained on each fide, immediately fettled, and to pay, in a fhort time, whatever fhould appear to be due upon the balance. From hence his Majefty juftly conceived, that there was a probability of having all our differences accommodated; and therefore he could not in juftice or honour commence hoftilities, or refufe to accept of a preliminary convention, by which we were to obtain fatisfaction for all paft injuries, and by which we were to be put into the most probable method, nay the only method that could be propofed, for obtaining, in a fhort time, a full fecurity againft all future. To this I muft add, Sir, that his Majefty's agreeing to this preliminary convention, and refolving to fufpend hoftilities, till he should fee what effect this preliminary might produce,was not only the the jufteft and the most honourable meafure he could pursue, but it was agreeable to, and in fome measure a neceffary confequence of, the advice given him last feffion by both houses of par:liament. By the addreffes prefented laft feffion upon occafion of our differences with Spain, his Majesty was advised to ufe his royal endeavours with his Catholick Majefty, to obtain effectual relief for his injured fubjects; and affured, that in cafe his royal and friendly inftances, for procuring juftice, and for the future fecurity of that navigation and commerce, which his people had ban undoubted right to, by treaties and the law of nations, fhould not be able to procure, from the equity and friendfhip of the King of Spain, fuch fatisfaetion as his Majefty might reasonably expect from a good and faithful ally, the parliament would effectually fupport his Majefty in taking fuch meafures, as honour and justice should make it neceffary for him to purfue. From these words, the advice of parliament plainly appears to have been, that his Majelty fhould first try what could be done by peaceable means; and that in cafe he could, by fuch means, procure fuch fatisfaction, that is to fay, fuch reparation for past injuries, and fuch fecurity for our navigation and commerce in time to come, as he could reafonably expect from a good and faithful ally, he fhould avoid engaging the nation in a war with Spain. Now, Sir, if by this convention his Majefty has got fuch reparation, and fuch fecurity, as he could reasonably expect, it must be allowed, that his refufing to accept of it would have been acting directly against the advice given him by parliament. And that we have got as much reparation, and as much fecurity, as any reasonable man could expect by a preliminary convention, I fhall now endeavour to fhew. With regard to reparation, Sir, for paft injuries, it is not only finally adjufted, but a certain fum promised to be paid within a very short time after the exchange of the ratifications. As there were mutual demands, with refpect to damages fuftained, it became neceflary to settle and balance the account; for I am fure no reasonable man could expect, that we should receive full reparation for all the damage done to us by Spain, and allow nothing for the damage that had been done by us to that nation. Upon examining therefore into, and stating our mutual demands, it appeared that our demands upon Spain, according to a calculation made by our ownCommiffaries,amounted to 200,000 1. and that the demands of Spain upon us, amounted to 60,000 1. fo that there was a balance due to us of 140,000 1. which fum his Catholick Majesty proposed to pay to us, by giving affignments upon his revenues in America, being the only means he had for paying fo large a fum: but as we knew the tedioufnefs and precariousness of that fund, it was propofed to make an allowance for prompt payment, if his Catholick Majefty would engage to pay the money in a fhort time here at London; and the allowance agreed on was 45,000 1. which reduced the fum due to us to 95,000l. and this fum his Catholick Majefty has exprefly promifed, by this convention, to pay here at London, in four months after the exchange of the ratifications. From hence it appears, Sir, that we have not only got all the reparation any reasonable man could expect, but all the reparation we could with any pretence of justice infist on: For tho' there were perhaps fome other fmall articles, which we might have added to the fum of our demands; yet it must be allowed, they were fuch trifles, fuch minuties,as not to be worth minding in a tranfaction between two powerful nations: and if we had infifted on them, it would have been eafy for Spain to have balanced them with articles of the fame kind, which were not at firft brought in to her account. Now, Sir, as to our future fecurity, every man that understands what it means, muft know, that it depends entirely upon thofe matters of right that are now in difpute between Spain and us; and that therefore it cannot be clearly and effectually provided for, till those rights are particularly examined into, 4 G 2 all L o and fully explained. But could any rea- Sir, the court of Spain have not only fonable man expect, that it was poffible acknowledged the fearching our ships on to do this in a few weeks, or by a pre- the open feas, and confifcating them for liminary convention? It is a difcuffion having Spanish money or effects on that depends not only upon feveral dif- board, to be a grievance which ought putable points in the law of nature and to be removed; but they have in tome nations, but likewise upon several facts measure directly owned it to be wrong: and circumstances that must be enqui- They have allowed it to be an injury, red into; and this enquiry can be made by giving us reparation for what our in the West-Indies only. For this rea- merchants have fuffered by that pravi fon we could not fo much as defire Spain Etice. Therefore, the Plenipotentiaries to do more than they have done. They appointed by this convention, are not have agreed to refer this difcuffion to to determine, Whether it be a grievance Plenipotentiaries, and that thofe Pleni- or not? This is a point which is not repotentiaries fhould be obliged finally to ferred to their difcuffion; it is already decide the affair within the short term determined. They are only to confider, of eight months; which is all we could contrive, and adjust the proper methods expect, and all we could with any juftice for removing it. And in this too they or reafon defire. Therefore, if there are circumfcribed: for the regulations had not been one word in this treaty, they contrive and agree on for this purfrom whence it could be prefumed that pofe, must be according to the treaties Spain had paffed from, or given up any now fubfifting between the two crowns; of thofe rights fhe has lately fet up; yet and thofe regulations must be contrived the treaty might have been faid to be and fully fettled within eight months a good preliminary, and fuch a one as after their first meeting, which is to be his Majefty ought to have accepted of, but fix weeks after the exchange of the rather than engage the nation in a war. ratifications: fo that the affair must be But this is not the cafe: the principal finally concluded before the middle of right Spain pretends to, and the most November next. Therefore the chief deftructive right for this nation to fub- queftion now feems to be, Whether we mit to, is that of fearching our fhips on ought to go to war, rather than grant the open feas of America, and making the court of Spain a delay of eight prize of them, in cafe any Spanish mo- months, for giving us full fatisfaction ney or effects be found on board. This and abfolute fecurity? And I do not right Spain has, even by this prelimi- think that any man who confiders the nary, ineffect given up. That of fearch- prefent circumftances of Europe, or the ing our fhips upon the open feas, they prefent circumftances of this nation, have allowed to be a caufe of complaint, would be for involving his country in a which, if not put a stop to and pre- dangerous and expenfive war, rather vented, might occafion an open rupture than grant fuch a delay. between the two crowns. They have allowed it to be a grievance, which ought to be removed. Can the exercife of a just right be allowed to be a caufe of complaint? can it be allowed to be a grievance? Whoever does fo, difclaims the right and therefore we muft conclude, that Spain has, even by this preliminary, in effect difclaimed the right of fearching our fhips upon the open feas of America; which to me is a strong indication, that they intend to disclaim it by the definitive treaty, in the most express terms we can propose. War, Sir, let the profpect of fuccefs be what it will, is both a dangerous and a destructive expedient to any nation, efpecially a trading and induftrious nation: it is the bane of trade, and the pa rent of idleness. It gives your neighbours an opportunity to undermine you in feveral branches of your trade, and draws a great many of your own people away from useful labour and induftry, not only during the war, but for ever; for those who have been, for but a few years, accustomed to live in idleness, by rapine and violence, can never after wards |