DUKE UNIVERSITY LIBRARY Treasure "Room Digitized by the Internet Archive in 2011 with funding from Dul. 47. ( 9 ) , . . *' were contraband and good Prize ^ becaufe of the *' unlawful Commerce they exercifed, or endeavoured *' to exercife in the Indies. 'The very Places " only, where they were met and taken, is a fuf- *' ficient Proof of a Navigation forbid by the Tenor *' q{ Treaties, ^^ This was not only anfwering our Complaints., but an explicit AfTertion of the fame pretended Right s^ which is the Subjedl of our prefent Confideration. It will therefore be necefiary to find the Senfe of our AUniflers., upon this Claim., as well as to fee whether they endeavour'd to redlity this Abufe in tht'ir future Negotiations. That Mafter-piece of Policy, the Hanover Alli- ance^ for ever memorable and renown'd, hath been (o compleatly fuccelsflil as to anfwer all the Ends propofed by it ^ Spain no longer the unnatural Ally of the Emperor., but that of France \ and the ex- orbitant Power of the Houfe of Aufiria reduced as low as could then be wifhed. — If any Thing could fully its Glory, it muft be the Methods that were taken to inflame the Nation again ft the Vienna Treaty\ amongfl which, nothing was more abfnrd, or con- trary to common Senfe, than the Privileges which were pretended (as it is exprefs'd in the Treaty of Seville) to be granted to the Emperor^ Subjeds by the Vienna Treaty., beyond what fVe enjoy'd ; whereas they had only the fame Privileges granted to them, which We erijoy'd before, by a particular Reference made to our own Treaties. — Aye! but, fays the fagacious Author of the Enquiijy as well as our able Minifiers., though the Treaty of 1 670 grant- ed us the Liberty of entring their Ports in parti- cular Cafes, yet that Liberty hath ceas'd for many Years *, and, as a new marvellous Proof of it, the 8 th Article of the Treaty of Utrecht is quoted, which B was ( lO ) was particularly intended to prevent the French from trading in the IVeft-Indies, A great deal hath been formerly faid upon this Subje^, and might be ftill ; but this is fufficient as to our prefent Pointy fince this Conclufion may juflly be drawn from it, that either our Minijlers really thought the Treaty of 1670 a6tually ceas'd by the 8 th Article of the Treaty of Utrecht^ or they did not. If they did not, it is needlefs to make any Obfcrvations upon it ; for they cannot efcape the Reader. But if they did, they ought to have reinforced it in a dire6t Manner, or got that Article of the Utrecht 'Treaty explained, by which it was pretended that the Effe(ft of it ceas'd. — The Value of the Treaty of 1670 was fufficiently fet forth in this Cafe ; and the Want of the Effeds of it were fufficiently felt both before and fmce, by the continued Lojfes of our Merchants. Some of the Pretenfions of Spain^ feem to be likewife found- ed on the Suppofition that there is no fuch Treaty fubfifting. It muft therefore, at leaft, be extremely furprifing to find that the Treaty of Seville^ after having, in xhtfirjl Article^ "renewed andconfirm- *' ed all the former Treaties and Conventions^ m all " thofe Points^ which are not derogated from by the " prefent Treaty^^ fliould have a feparate Article for the G R E A T E R Ex A c T N E ss j which enumerates and recalls every one of our Treaties that was to re- main in their full Force, Virtue and Vigour, tho' the Treaty of 1670, which afcertains all our Rights in the JVefl-Indies^ is omitted. Thisfure- ly could have happen'd only from our Minijler^s. having been formerly convinced that the faid Treaty ^of 1670 ceafed, if not entirely, yet atleaft that the good Etfeds of it did, by tlie 8th Article of the Treaty of Utrecht, The ( " ) T\vtA5i of tbePardo, of the 6th of March i']i\Sy was made for the Execution of the Preliminaries be- tween Us and Spain ; the 3d Article of which Pre- liminaries is to the following Effed •, " That allPri- " vi leges of Commercej which the Englijh and " French Nations, and the States of the United Ne- " ther lands y have heretofore, by virtue of Treaties, " enjoy'd, as well in Europe as in Spain and the /;/- ^' dies^ fhall be reftor'd to That Usage and Re- *' Gu L A T ION which are according to what was fti- *' pulated with each of them by Treaties antecedent ^' to the Year 1725.'' It is very remarkable that thefe Words are introduced ; fhall be refiored to That Usage and Regulation, which was according to what was Jiipulatedbetweenhoth. Par- ties, by treaties antecedent to the Tear 1725. By the prefent Convention^ thefe Words, Usage and Regulation, are refer ved to the Spaniards to cavil about, by making the ASl of the Pardo one of thofe Treaties which are enumerated in it ; whereas, had they been left out, all our Treaties would have been confirmed fmiply and plainly. Thefe Words there- fore were, at lead, unneceflary, and can only ferve to furnilh the Spaniards with an Handle to juflify their late Proceedings. Upon thefe Disappointments, our Merchants thought it neceflary to lay their Complaints them- felves before Parliament ; fince Experience had now Ihew'd them, that though the Minifters occafionally founded their Grievances very high, they provided for no Rejlitution, or future Security. All polTible Endeavours were ufed to prevent this Petition being brought into the Houfe of Commons. Our Merchants were treated with the utmoft Scurrility, by the mi- nifterial Writers. They were reprefented every B 2 where ( 12 ) where as a Parcel of Smugglers^ and their Lojfes as jujiifiable Seizures. They were Brow-beaten, and their Sufferings depreciated in that Place^ where only they fought and could hope for Redrefs, Notwithftanding all thefe Pra5iices^ the Force of *Truth^ and its own JVeight^ made it neceflary that the Houfe fhould come to fome Refolution upon it. Many particular Circumftances in that Debate^ will not be foon forgot. It was difputed, and even vo- ted, after the Examination was over, who fhould move the ^eftion upon it. It was then re- folv'd. That, " from the Peace concluded at U- *' trecht., in 171 3, to this Time, the Britijh 'Trade *' and Navigation^ to and from the feveral Colonies *' in America^ have been greatly interrupted by the '' continual Depredations of the Spaniards^ i^c. m *' manifefl Violation of the 'Treaties fubfilling be- " tween the two Crowns. " Is it not ftrange that this Grievance iliould have been of (o long a (landing, and nothing done to remedy it, nor any Reditu tion made in all that Time ? This humble Addrefs of Parliament embarrafled our Negotiators a little. Their Sentiments, both at home and abroad, were well known. But yet fomething muft be done in their next 'Treaty^ which might be imagined to have fome Correfpon- dence with this humble Advice to the Throne. . We were deHred to think, that the Treaty of Se- ville had fufficiently taken Care of our Merchants. The Miniftcr himfelf, v/ho knows his own Power of convincing^ endeavour'd to prove it, and took foffie Pains to do it. In his Obfervations on the Treaty^ in v/hjch he was not fparing of his own Comniendatioyu-i nor in abufmg thofe who oppos'd him,. ( 13 ) jiim, he faid that, " * by the Articles of this Treaty^ " our Merchants are intitled to Reditu tion of all " Ships and Effeds, tliat have been at any Time " taken from them, contrary to the Treaties of " Utrecht^ (^c. " This, which every body might have expeded to fee in one clear Article^ v/as I'pread into the/;/, fecond^ fifth and fidh Articles of the Treaty, and the firjl feparate Article^ accord- ing to his own Interpretation of them, which he thinks a fufficient Provifion. Bat was it ever thought that We fhould want fuch a Number q£ Articles for thisPurpofe, which ferve rather to blind than clear up any Thing ? Time hath fliewn us that thofe^ who could not be convinced by him, were right in their Apprehenfions that this 'Treaty could not, or would not, obtain any Reparation to our injured Merchants^ who were only tantaliz'd in this Manner, that their Corrplaints might be laid aileep for a Time. This Pamphlet receiv'd tij:)o An- fwers^ which makes it needlefs to mention any Thing taken Notice of in them. But as the Authors of thofe Pieces did not enter into the Examination of the feveral Articles above mentioned, which, taken together, are to prove what was both then, and now is, fitter for Ridicule than a ferious An^er ; yet my Concern for the Merchants^ as well as the Ho- nour of the Nation^ and the Nature of the prefent Difquifition, make it neceflary to confider whether thofe Articles were intended to give them any Re- lief, or could do it. Treaties^ whenever they are reviv'd, are to take Effc6t from the Time of their Renezval. All for- mer Demands upon each other, bjforc the Rupture, are obliterated, unlefs thofe Demands are again ex- prefly * Page 15. .(H) prefly provided for •, and this very Treaty feems to give us the flrongeft Proof of it. The Englijh Mi- nijlers were certainly over-reach'd in this Particular, by Spain^ which hath fpecifically provided for Re- paration for their Ships taken in the Year 171 8 ; whereas We, by having negledled it, and only re- new'd the Treaty in general, have flirnifh'd the Spa- niards with Pretences, however unjuftiliable, for refufing us the fame Retrofpe^. Having thus obferv'd that the 2d and 3d Articles of the Treaty of Seville are (o far from being prefer- vative of the former Claims of our Merchants^ that they are negative Proofs again ft them, let Us con- fider on what the Minijler-Obfervator lays the whole Strefs of the Point in Difpute. He fays, " That the 6tb Article declares, and " that without Liraitation^ as to any Retrofpe5f^ that "all Ships and Effedls taken at Sea in Europe^ to ^' the Time prefer ibed by the Preliminaries^ for the ^' CcfTation of Hoftilities in the Weft-Indies^ till " the Arrival of his Catholick Majeftyh Orders at >^ Carthagena^ fhall be referred to Commijfaries, " ^c." — — Nothing furely can be more ridicu- lous than this •, fmce it muft be luppofed that every Man, who reads it, muft want common Senfe. Our Merchants are fiifficiently taken Care of, be- caufe there is no Limitation as to any Retrofpe^ ; which very Point, by proving too much, proves the contrary •, for that Argument holds as much to their LofTcs, in the Reign of Qjeen Elizabeth^ as to thofe in the Reigns of the two Georges. But fixing the Time, from which Reparation Ihould be immediately made. That is, from the Time when Hoftilities were to ceafe ; and the Reference to the Commijfaries being, " to examine and decide what " con- ( 15 ) " concerns the Ships 2ind Effe^s tdkcn at Sea, on « either Side ; " This, I fay, fhews that no- thing more was, or could be meant by it, than the Examination and Decifion of the Ships and Effe^s^ that were taken during Hoftilities alone ; and this is entirely agreeable to that Declaration of Spain, which is the Bafis of this Treaty •, for it is there faid that, " * in the fame Congrefs^ fhall hkewife be difcufled " and decided, whether the Prizes taken at Sea, " on each Side, fhall be reilored. " Another Proof arifes from the very fame 6th Article, which fo particularly revives the Pretenfions of Spain^ *' for Reftitution of Ships taken by the Englijh " Fleet, in the Year 171 8." This was nei- ther necelfary, nor would have been inferted, if the former Part of the Article could be underftood to mean, without any Limitation of Ti'me -, fince it con- tains an exprefs Exception to the contrary. I have already taken Notice of the firft feparate Article of this Treaty. The fecond, which was par- ticularly defign'd Ibr Reftitution of the Ship, Prince Frederick, and her Cargo, fays that, in confequencc of t\it firft Article, "all Ships, Merchandize, and " Effccls, which fhall not have been taken, or feized, " on account of unlawful Commerce, and fhall be " proved, by authentick Documents, to have been " detained, feized, or confifcated, in the Ports of " Spain, namely the Prince Frederick, &c. fhall " be reftor'd. " This Article was therefore plain- ly for the Reftitution of fuch Things only as were feized in the Spanifh Ports, upon the Commencement of Hoftilities, and during the Continuance of them. The fifth Article provides only for Reparation, after the Hoftilities ceafed •, and the ftxth^ for what was taken * The M of the Pardo, the 6th of March, N. S. ( i6 ) taken at Sea only -^ and therefore it may bealledged that We could have no Claim to any Retrofpe5i^ be- fides what is particularly ftipulated in thefe Articles-^ which may have been the prevailing Reafon for ac- cepting \o fmall a Sum, by way of Compofition. Having thus examined the Treaty of Seville, with regard to the Reparation of our Merchants, and//^i. tiire Security cf cur Trade, which ought to have beeii obtained by it, in as fhort a Manner as pofTible, and Ihewh the InfuiHciency of it, for thefe Purpofes ; \tt us, in the next place, fee what was the Opinion of the Merchants \i^on it. The next Year, they petition'd the Parliament again, upon the fame Sub- je6l. For this they likewife underwent the fam^ fcurrilous Abufes from the minifterial Writers, as they had before. But the Houfe of Commons, in their Addrefs to the Throne, upon this Occafion, went a little higher than in their lafi -, for they defired his Majefly " to continue his Endeavours, to prevent " the D«2predations of the Spaniards, for the future \ " to procure full Satisfadion for the Damages already " lullained -, and to fecure to the Britifh Subjects the " full and uninterrupted Exercife of their Tirade and " Navigation to and from the BritiJJj Colonies in A- " merica." All, that had been hitherto done, deferved no Commendation, at leafl *, fmce it pro- duced no EfFe6l, as appears by this Addrefs itfelf. Our Merchants, not being to be paid by Words a- lone, though perhaps foften'd and filenc'd for a T'lmt^ and their Hardfhips continuing, the Com- plaints followed them •, which made it neceflary to fend more vigorous Orders, for their Protedlion, to the Commanders of our Fleet. The Words were ftrong •, for they were to make Reprizals in fuch Caies,- which they never once did. But the Commif- faries ( 17 ) faries not meeting, as was ftipulated, fomething mlift be obtained from Spain to flop the prefent Clamours, and to prevent our Men of War being obliged to execute thofe neceffary Orders, which in the Gonfe- quence might have involved Us in Hojiilities again. The mighty Boon obtained, and which was after- wards communicated to the Houfe of Commons^ as a great Point, was firft a Shedida of the King of Spain to his Governors in America^ *' * forbidding all his *' Subjed:s to moleft, or abule the Englifh^ or any «' of their Ships, that fhall fail in thofe Seas, as long " as they keep within their proper Biftanccs,, and are " not concerned in any illicit Trade.'* This correfponds too well with their Juftification, in the Year 1726 •, that the Places^ where our Ships were met and taken, was a Proof of a Navigation forbid-* den by the Tenor of Treaties^ as well as their late one oi fleering a due Courfe. The other ^ which was of more Importance, -f " being a Declaration of the " Miniflers of their Britannick and Catholick Maje- " flies^ by virtue of their Orders." The Mini- flers of both Courts were fo unwilling to entet* into the real Pretences for thefe Captures^ that they put it only upon the Foot of the Continuance of Hoflilities^ notwithftanding the Arrival of his Catholick Majejly's Orders at Carthagena^ and the figning of the Treaty of Seville •, by virtue of which Reparation was to be made for allHoflilities. The Remedy provided^ for the future, was equally admirable •, which runs thus " His Catholick Majefly alfo promifes and *' engages, by this Declaration^ that whenever any C Pri- * See the King of Spain's Scliedula to his Governcrs in the Weft- Indies, relating to the Spanilh Privateers, the \%th of Jan. x-^y^t t Z)ff/frf' Seville, Feb. 8. 1732, A^. ^^. ( i8 ) " Pri'Vateers Ihall have Leave to fit out to Sea, in ". order to prevent contraband Trade, purfuant to the " Laws and Ordinances of the Indies, which have not ^' been derogated from hy the Treaties, they fhall he '' obliged to give Security^ &c." — That Privateers fhould give Security^ was, no doubt, a new and migh- ty Point obtained, however ridiculous it may appear to fome Perfons. But that an Englifh Minifier fliould thus authenticate the Laws and Ordinances of the In- dies^ is very furprizing •, fmce he could not help knowing that they claflied with our Treaties •, and that it was On them the Injuries of our Merchants were founded •, for thofe Laws and Ordinances only have made our Ships liable to Confifcation, for ha- ving Logwood^ Cocoa-nuts^ and Pieces of Eight on board •, and, perhaps, have defcribed the Courfe an Englifo Veflel is to fleer in ; all which is diredlly con- trary to Treaties^ and for the Sake of which alone the Privateers are fitted out. Thefe Things being obtained. Orders were imme- diately difpatched to the Weft-Indies with them, for llilpending the former Orders for Reprizals ; which w^re likewife renewed again, upon the Continuance of the Captures^ and the Convidion that what We had fo lately boalled of was not obtained. The Mer- chants and the Nation were amufed, in this Manner ; till at length the Commiffaries met, and great was the Expedlation from them ; which iiilpended the Cla- mours for fome Tim.e, on the account of our Lofj'es. But after a fruitlefs Attendance, for fo many Years, they ended their Negotiations at lafl, as many Peo- ple thought they would, without determining any one Pointy or giving any Reparation whatfoever for our Loffes •, for which I refc;r to thtfiy:th Article of the Lords Protefi againft the Treaty of Seville^ in thefe ( 19 ) . thefe Words : " Becaufe the Obligations on our *' Merchants to make Proof of the Juftice of their " Demands for their LofTes, at the Court of Spain^ " is, in our Opinion, an Hardfhip upon them., and **• not honourable for the Nation •, and Wc are per- " fuaded thofe unfortunate Gentlemen will undertake *' fo troublefome and expenfive a Journey with the *' lefs Chearfulnefs, becaufe they may fear their *' Claims are not unlikely to be counter-balanced by ^' others from the Spaniards •, and after all, they have " only the flender Comfort of hopiyig ( if they think " tliere is even any Room for them to hope^ to get " that Redrefs by CommiJJ'aries^ which they have not ^' been hitherto able to gain by Plenipotentiaries." — I fliall make but one fhort Remark upon this Article % which is, that as Commijfaries were then thought, by our Minijler^ more proper than Plenipotentiaries^ for adjulling our Differences with Spain^ he hath now found his Error, and referred every Thing, except a ftipulated Sum for the Loffes of our Merchants^ to Plenipotentiaries again. This convinced our Merchants of the Fruitlefnefs of complaining any more ; and, had the Spaniards been but a little more moderate, they might have prevented any farther Applications to Parliament. But their Depredations and hifults were carried to fuch an Height at lad, that our Merchants were un- der a NecefTity of applying again laft Year, or en- tirely give up the Trade to our oivn Colonies in the Weft-Indies. Every Artifice was made ufe of to prevent this Application. The minifterial ff^riters were again inflrud^ied to abufe our Merchants. But they foon run through their Common-place upon this Subje6l. The Thing itfelf came now to be thought of more Importance to the Nation than it C 2 had ( 20 ) had hitherto been, by vaft Numbers of People. Oar Being, as a Nation, was vifibly concerned in the Qaeftion, and the Neceflity of ftating our Rights clearly, from the Nature of the Difquifition, became in a Manner unavoidable •, tho' in fome Parts it was prevented, and in ethers labour'd againft fufHcient- ]y. After an Examination, the molt folemn and at- fedling, that was ever known in an Houfe of Com- nwjis, it was refolved, upon a Divifion, '^ That it ♦' was our natural and undoubted Right to fail with ^' our Ships on any Part of the Seas of America •, ^' and that the Freedom of our Navigation and Com- ^' mer^e had been greatly interrupted by the Spa- *' 7iiards^ under Pretences altogether groundlcfs and *' unwarrantable, ^c. " There was an Endea^ vour to propofe fome ether ^^^eftions^ which were thought neceflary •, becaufe they would more fully and plainly have afierted our Rights ^ but they were over-ruled. Yet this, with the Addrefs^ was furely fufficient for the Minijler^ at lead, to point out the true Caufe of our Complaints -, the Neceffity of iuffe- ring fuch Injuries no longer ; and providing for our future Security^ as it is rightly expreffed in their Ad- drefs^ and his Majefty^s mofi gracious Anfwer. — - — There were many Reafons for inducing fome Perfons to think it more neceflary to have aflerted ouv feve- ■ral Rights feparately, in Oppofition to the Grievan- ces "We had fo long laboured under •, confidering that thofe general Refolutions v/hich the Houfe formerly made, had been of no more Service to the unhappy Sufferers^ than the many long Negotiations and 'Trea^ ties^ with refpedt to them. The Claim of Spain was become more openly avow'd and peremptorily in- fifted on, than ever it had been before -, for in the De- ( 21 ) Demands of the * Commijfaries, on the Part of Spain^ in Purfuance of the Treaty of Seville^ it is faid •, " That, by the 8th Article of the Treaty of 1667, " the Briti/h Commerce is under the fame Reftri- " dions as Holland is by the 6th Article of the " Treaty of Munfter-,'' and therefore it is infifted on, *' That Ships failing from Great Britain^ or her ." Colonies^ through thofe Seas, fliall obferve the " Courfe they ought to fleer, and Ihall avoid Hofti- " litiesr -k The very Suppofition that the Treaty of 1670 was of no Ule to Us, as well as prefer ilDing a par- ticular Courfe to our Ships, was extremely furprifing. But even this was carried much farther by Monf. de la ^adra^ in his t Letter to Mr. Keene. The Houfe of Commons very prudently refufed this Letter^ when firft moved for •, becatfe it zvas of fuch a Na- ture as might inflame the Paffions^ and prejudice the Judgments of Men^ in a Caiife that ought to he calmly and unhiaffedly heard -, hut^ if they fhould come to vi- gorous Refolutions, this Paper would then juftify them to all the World. Thefe prudential Rcafons were prevalent for fome Days •, but no fooner was the Draught of an An fiver made for Mr. Keene ^ than they were both moved for, and of Courfe laid be- fore the Houfe. It might be wifh'd that Prudence would have fuffered Us to fee whether this Draught , of a Letter was ever fent to Monf. de la ^iadra^ and what Anfwer he returned •, which mufl have been a very curious Piece. But, if that Letter was never fent, it could be only defigned as an Anfwer to him hcre^ for other obvious Reafons. It * Vide the Papers laid before the Houfe of Comfnons, relating to this Affair, N°. 29. Art. 29. t ^(^' 10- 1737- ( 22 ) It unfortunately happened, that tbofe who ought to have defended our Rights^ rather gave them up, from not underflanding them •, for the 14th, 15th, and 23d Articles of the Treaty of 1667 were urged, on our Side^ as Articles to which we had iiibmitted in America^ with refpe6t to their Pretenfions of con- traband Goods^ and Hkewife infilling, in his Maje- ily's Name, " * That the 14th Article ihould be " performed •, which fays, That neither the Ships^ " nor their Cargoes^ except the contraband^ Ihall be " confifcated." The very Words of the Arti- cles were fufficient to prove the contrary -, for, what alone is declared to be contraband^ is the carrying of 'warlike Stores^ &cc. to the Enemies of each other ; the Proceedings in fuch CafeSy and the Forfeitures en- fuing. How could this bear any Relation to L7>, whilft We are navigating from any one Part of our Do- Minions to aftother ? The Spaniards indeed are in the right, when they fay that no Article, except the 8 th, of that 'Treaty y relates to the Wefi-Indies. The only Obfervation worth making on the before men- tioned Articles y is. That they declare the only Things which, in any of our Treaties between the two Crowns y are to be deem'd and allowed to be contra- hand. To this let us add. That where ?i\\ Trade is^ by mutual Confent, prohibited, there can be no fuch Thing as any particular Species of Goods more pro- hibited than the reft ; and therefore all Confifcations, made under the Pretence of finding fuch Goods on Board, are open Infra6lions and Violations of our Treaties.- This will fully prove that all Argu- ments or Similitudes, drawn from our Treaties in Europe^ are nothing to the Purpofe againft our Rights in America •, and, had We no Treaties re- .lating * See the Draught of the Memorial, iVw. the ^h, 1737. ( 23 ) lating to thofe Parts ( tho' We have very good ones, if We do not fuffer them to be violated) yet the very Nature of Things^ and the La'u) of Na- tions^ would be fufficient -, for it is abfurd to ima- gine, that We can poffefs any Dominions there^ and not have a Right to go and come freely from them, and to carry and bring back whatever We have Oc- cafion for. Monf. de la ^tadra^ tho' his Anfwers are juft to the Articles already me7itioned^ advances the Claim of Spain firther, and more openly, than it had ever been done before •, tho' leveral Steps had, by De- grees, been taken with the fame View, as I have al- ready fhewn. But here he fpeaks out plainly and fully. " * The only Navigation, fays He^ that " can be claimed by the Englifh^ being that to their " Iflands and Plantations^ whilft they fteer a due '' Courfe^ their Ships are liable to a Seizure and " Confifcation, if it (hould be proved that they have " altered their Route without NecefTity, in order to " draw near to the SpanifJo Coafls." This in- deed made many Perfons wifh that the Houfe of Com- mons had been more fpecitick in fttting forth the Violation of our 'Treaties. But every body concluded from hence that it was impoflible ever to treat again with Spain^ without previoufly fetdingand eftablifh- m^om fundamental Right Si^ in this particular, as the only Bafis of any future Treaty., in Oppofition to their unjuftifiable Pretences, which have been made fubfervient to h many Ad:s of Piracy. The Houfe of Lords, in their Relblutions upon this important Affair, went farther than the other Houfe •, for they not only afierted our undoubted Right to navigate in the American Seas, " but alio " to * Sce/^zV Letter to Mr. Keene, Tcb. lo. 1737-8. ( 24 ) *' to carry all Sorts of Goods and Merchandise^ or " Effe5is^ from one Part of his Majefty's Domini- " ons to any other Part thereof ; and that no Goods, " being fo carried, are, by any Treaty fubfifting be- " tween the Crowns of Great Britain and Spain ^ to " be deem'd or taken as contraband^ or prohibited " Goods •, and that the fearching of fuch Ships, on " the open Seas, under Pretence of their carrying. " contiraband^ or prohibited Goods, is a Violation " and Infradtion of the Treaties fubfifling between " the two Crowns. "— — This Refolution not on- ly lliew'd the Abufe of Treaties, on the Spaniards Side, but afTerted our Rights, and made it, one would have thought, impolTible to have any new Treaty, without firfl eflablifhing thofe Rights -, for in vain mufl it be thought to cure our Difeafe by pecuniary Remedies, whilfl the Evil is fuffcr'd not only to remain, but even receiving fome Sort of Countenance, by being left to a future DifcuirioTi.-=— Upon the whole, it was the general Opinion of the Nation, that We w^ere under a NecefTity of exerting our Force, in order to obtain an Acknowledgment of our Rights -, and We had Hopes given us, at lead Infmuations were thrown out, that Orders were already fent to do Ourfelves Juftice. But alas ! it now appears that they were nothing but hifinuations to ferve a prefent Purpofe \ for when fome Gentlemen v/ere of Opinion that it would be a necefTary Encou- ragement to our Seamen, that a Law fhould be made, for giving them the Profit of their Captures, it was oppos'd. Having thus fliewn the Proceedings of the Mer- chants, the Minifiers, and the Parliament, in this important Affair ♦, We now come to examine the late Convention, and enquire whether it is fuch a one, in ( 25 ) . in every Refpe6t, as toanfwer thejuH: Expedations of the Nation^ confidering the united Voice o^ King^ Lords^ and Commons^ as well as the whole People^ but laft Year, and for which fuch large Supplies were given to enforce *, I mean, whether this Con- 'vention provides a fufficient Reparation for the Lof- fes of our 'Trading Subje£fs^ reflores the Hcnour of the Nation^ or gives Us any valid Security for the peace- able Enjoyment of our undoubted Rights and PoJJeJJi- ons, for the future. All former Treaties^ which have been thought worthy the Notice and Approbation of Parliament^ have been fome Way or other communicated to them, before their Meeting ; that they might not be entirely furpriz*d, nor quite eccho back the Words^ without fo much as knowing the Senfe of them. Indeed, the Language of Parliament is, that they are not bound down by thofe Addreffes^ and that the Speeches from the 'Throne are to be confi- der'd only as the Words of the Minijler, This is the peculiar Privilege of Parliament, and their Stile of fpeaking. But of what Ufe, I leave themfelves and the World to judge. All, that the People without Doors can wifh or defire, is, that if there is any Thing doubtful in thofe fuperior Aois of State, they might be better inform'd, efpecially where their Intereft is fo manifeflly concern'd. It will therefore be neceflary to quote one Para- graph of his Majefiy's mofl gracious Speech \ where it is faid, " That the Wifdom and Prudence of your *' Refolutions, upon this great and national Concern, " determin'd Me to begin and try once more what *' Effe6l and Influence my /n>»i/y £;/Jf^^w^r J, and " preffmg Inflames, would have upon the Court of " SpaiUj towards obtaining the ^atisfaBion and 5^- D " curity^ ( 26 ) " eurity^ which We were entitled to demand and ^' expedt." Whether it was the Wifdom and Prudence d?/ P a r l i a m e n t , or the Wifdom and Prudence d?//^?^ Minister, (for 1 would give every body his Due) that determined his Majefty to try once more the Influence of his friendly Endeavours^ I Ihall not take upon me to determine. But fure I am, that We ought to have had full Security for our Rights^ as well as Satisfadlion for our Merchants^ before We had abfolutely laid afide all Thoughts of employing that Force^ which had occafion'd fo vafi an Expence. But as Money is fuppos'd to be all- prevalent, and by fome Perfons thouglit fufficient to make amends for every Thing ; We are told that the prefent Convention hath obtain*d the Sum of L. 155,000 to be diflributed amongft our Mer^ chants. Not, indeed, from Spain •, fince We are to pay them L. 60,000 for deflroying their Fleet, in the Year 171 8 •, and L. 68,000 is to be rais'd upon the South-fea Company -, fo that the re- maining L. 27,000, a prodigious Sum, is faid to be paid hy 'Spain. All this was obtain'd by the In- fluence of a powerful Fleet., which will not coll Us much above half a Million extraordinary, upon this Occafion, and the moft folemn Interpofition o^hoth Houfes of Parliament., that ever was known, in ftrongly afTerting our Rights^ infifting that they fhould be fupported with Vigour., and fully provi- ding for the doing of it. This mighty Point obtain'd is call'd a Convention ; a Word, which We have adopted, of late Years, to fignify a Sort of Treaty, Perhaps, it may be thought by fotne Perfons, though I hope not fo de- fign'd, to be only a Sufpenfwn of our Rights., during the Scffion of Parliament^ or a Prevention of an En- quiry, ( 27 ) quir)\ to which a Suhfidy is annex'd. Sejfions of Parliament have often been troublefome to Mini- fters \ and greater Sums have been formerly difpos'd of, to get them pafs'd over eafily, But by whate- ver Name We are to call this Mafter-piece of Nego- tiation, it is entirely of a ne'-ju Kind. Before We were fo much improved in thele Arts, treaties were al- ways defign'd and calculated for afcertaining the Rights of the Parties in Difpute, When thefe Points were once fettled, the Adjuftment o{ Accounts^ being of an inferior Nature^ were left to Commijfaries. But in this jvcft fur prizing Contrail., the very Na- ture and Order of Things feem to be inverted ; for the Commiffary-Part is the only Thing fettled and determiti'd through the whole, by fixing it to a certain Payment, for Balance of an Account \ and having firft adlied the Commijfaries^ the Part of Ple- nipotentiaries is to be the next. Thefe Gentlemen are to find out and fettle our Rights, and confequently what this Money is paid for. It feems fcarcely pot fible that, during the Setdement of this Account, if it was not in a Manner lumpt, but that both Sides muft fufficiently know their Rights and Grievaiices^ and be as well, if not better able, to adjuft and al- low their refpe^iive Claims, for the future, than it was probable they would be eight Months after. Can it be conceiv'd that it was not the firft Thing thought of, on our Side ; fince it was fi-om thence alone that We made our Claim to Reftitution ? Was it poiTible that our Rights, with Refpe6l to fe arching our Ships, could be better known eight Months after, than it was then ; or that We fhould be better able, or more ready to enforce them ?- Would the NecefTities of the Minifter make him more defirous of eftablilhing them, if he ever D 2 thought ( 28 ) thought or defign'd to do it ? Could he flat- ter himfelf that it would be fatisfadory to the Na- tion, though he might hope that the Clamours of particular Sufferers might be foften'd by it ? Can it be fuppos'd, that what We could not get from Spain^ at this critical Jundlure, is really de- fign'd to be allow 'd Us, and obtained by Plenipo-^ tentiaries^ eight Months afterwards ? Whoever confiders how explicitly our Right of No Search was aflerted laft Year in Parliament^ mull know that the Minijler dares not give it up. Of what Ufe therefore can this Reference be •, or making Mr. Keene a Plenipotentiary by 'Treaty^ who adled in the fame Capacity^ and in the fame Courts before ? Will he, or can he, be better inftrudted than he hath hitherto been ? Will his Arguments be more prevailing, for being eight Months older, or better enforc'd, without the Affiftance of cur fleet ? Can he do any Thing more, or go a Step beyond his InflruSlions ? Is he not as ab- folutely limited by them, in both of his Chara^ ^ers ? ' No body furely can be any longer de- ceived by thofe general Words in Treaties^ which mean nothing, with refpedt to Commiffaries^ for fi^ nally determining^ finally deciding^ or, as it is now faid, finally regulating all Grievances and Abufes. They may fei-ve, indeed, to amufe the World, as the Treaty o^ Seville did formerly.- Why there- fore did not thofe^ who have the Power as well as Knowledge to give Infiru^fions^ fettle the mofl effen- tial Point ihtmMvts at firfl, without any farther De- lay ? — Bat if it could be pofTibly thought that theTr^^- /jjs defign'd o:^!y asaMatterof Amufement and Won- der for eight Months ; or that fome of our Rights are to be given up, under the Pretence of Regulations j then. ( 29 ) ^ . then, indeed, it was a Matter of Prudence to drop the firft Convention^ fign'd by others^ on the 9th of September^ and throw the whole upon Mr. Keene, — That fomething of this kind is to be fufpeded, ap^ pears not only from the general Report that Georgia is to be given up, and that the Spaniards are to have a Liberty offearching and co7ififcating our Ships ^ as u- fual, if We come within two Leagues of their Shores ; but by the Particulars that are referred to the Pleni- potentiaries^ and the Manner in which they are refer- red. YYis Majejly's Speech tells us, "that they *' are appointed for regulating of Grievances and A- " bufes^ which have hitherto interrupted our Com- *' merce and Navigation in America. " The Pre- amble of the Convention fays, " that whereas Diffe- " rences have arifen of late Years between the two *' Crowns of Great Britain and Spain^ on account " of the Vifiting^ Searching^ and "taking of VeiTels, « ^^." And x\\t frft. Article " impowers the " Plenipotentiaries finally to regulate the refpedtive " Pretenfions of the two Crowns^ as well with re* *' lation to the Trade and Navigation in America, as *' in Europe, ^r." It is manifeft that our un- doubted Rights are not to be abfolutely infilled on ; becaufe the Power of Vifiting, Searching, and 'Taking of Ships is left to the Examination and Difcuflion of the Plenipotentiaries, That they may be given up, under the Pretence of regulating Grievances, and re- [pe5live Pretenfions, is very plain, if any Thing is real- ly defigned by this new Delegation •, for confidering that one of the Pretenfions of Spaiyi is to confine us within a particular Courfe of Navigation, and Di- ftance from their Shores, nay even what our Loading fhall be, in Oppofition to our Right of not being SEARCHED upoH the open Seas in America, under any ( 30 ) any Pretence whatfoever ; I fay, If both thefe Claims are to be confolidated together, and a new Regulation is to be made out of them, fo far as We fhall admit of the Liberty of Searching^ and their Notion of Contrabands^ fo far the Rights of the Nation will be certainly given up ; for this Latitude being once al- lowed, the Explanation of it will be bounded only by their own Avarice. The Gourfe of Judicature there, by which it muft be tried, is nothing but a Mockery of Jujlice, and an Infult on the common Senfe of all other Nations. Can We fubmit, in any Degree, to authorize, by any A51 of our own^ the Proceedings of fuch Courts ? What Extenfions, oil their Side., muft follow -, what Difficulty of Proof, on ours ? After admitting their firfi Principle., ori which the whole is founded, where can We flop, or how limit it ? 'Treaties made afterwards can be of no Avail •, for, having once allowed that We are to de- part from the Law of Nations and Treaties^ only be- caufe a clandefline Trade may be carried on, can it then be of any Ufe to Us to fay that any new Ex- tenfion is contrary to the fundamental Rights of all Mankind, of carrying whatever they want from one Part of their own Dominions to another, and to make the bed of their Way, as well as, in all unforefeen Accidents, to fave themfelves and their Cargo, with- out being liable to fuffer for both, upon that Ac- count ?-. — If the firjfl Conftderation is, that Englifh Subjefls are not to get any Thing, by fuch a clande- . ftiyie Trade, where rnufl that end ? Regulations^ founded upon this Principle, will always continue to extend themfelves, as long as the Principle itfelf re- mains ; and our fair Trade muftceafe of Courfe, be- fore the other can be entirely ftopt. Will France or Holland ever fubmit to fuch a Principle of Regu- lation ( 31 ) lationin Europe f-^ — -Are we therefore to facrifice our lawful Navigation to their inconveniences ? They may juftly do every Thing at home to prevent illicit "trade^ as We do, by the levereft Penalties up- on their own Suhje5ls ; but let them not meddle with the Freedom of the Seas, nor pretend to lay Us un- der fuch Rejiraints, as no Nation in Europe would fuffer from Us, though never fo requifite for our own Inter eft. Muft all our Care be for the Spa- niards, and none for ourfelves ? -Ought We not to confider whether our Colonies will be of any Ufe to Us, if We are laid under fuch Reftri^ions as are inconfiflent with their very Being, or our fupporting and maintaining them ? It may therefore be fairly concluded, that We fhall find nothing fctded more for our Advantage, eight Months hence, than now ', unlefs it is to be fuppofed that fomething is al- ready fecretly concerted -, and, indeed, it is hardly to be conceived that this oftenfihle Part of the Treaty is all the Produce of fo much minifterial Labour, and 7iational Expence. But if it fhould be fo, it is only an Expedient for gaining Time, and a Reprieve for a I'ear. It is an old Reflection upon Us, th^t We are com- monly the Dupes of all Nations, in our Treaties with them. Many Reafons have been afligned for it ; but none of them fcem to have hit upon the true Caufe ', which appears chiefly to have been, that the perfonal Intcrefl: of our Minifters hath often blinded them fo far, that before they perceiv'd the Conie- quences of their own Anions, they found themfelves in the Power of our Adverfarics, and confequently were forced to lubmit to every Thing, which carried prefent Security along with it. As we have fufii- ciently fuffered upon this Account, formerly, no- thing ( 32 ) thing ought more to excite t\\tJealoufy of the Na- tion ; nor can Parliaments do Us a greater Service, than by putting an End to fuch confuming Negotia- tions. But the Marks of fuch a Situation are not al- ways vifible ; though, in fome Cafe, they are ; for if We can fuppofe that our Merchants fhould be plun- der'd for feventeen Tears together, our Sailors bar- baroufly and inhumanely ufed, our Rights invaded and denied ; yet that after as many Years fpent in Negotiation^ Wt: had brought it to a Crifis, and de- clared that it was no longer to be home ; what muft be thought, in this Cafe, of obtaining only a little pecu- niary Reparation^ with refpefb to all our Injuries^ and to have the effential Points of efiablifhing our Rights put off to a diftant Time ? By the third Article of the Convention^ a Balance of L. 95,000 is to be paid by Spain^ in confequence of having duly confidered the Demands of the two Crowns. We are, at prefent, very much in the dark, as to feveral Parts of this Article -, for it refers to an Ac- count flat ed^ by ufmg the Term Balance \ and, in an- other Place, mentions an Account lately made out at London, When thefe Accounts are produced, as no doubt they foon will, they may probably deferve ma- ny Obfervations. All that I Ihall remark upon it at prefent is, that in this Balance is included the Sum of Z. 60,000, which is to be paid to Spain^ for the De- ftrudbion of their Fleet,, in the Year I718. It mufl be confcfs'd, that there is not only a great deal of tender Regard toward Ourfelves^ but a proper Concern for the Honour of the Nation,, in not making this an explicit Article,, to Hand glaringly in a "Trea- ty,, by v/hich it would be publifh'd to all the World ; but including it in a Balance of Account,, which might be known but to a/r^t', and thofe amongft Ourfelves^ by ( 33 ) by Its being demanded and granted of courfe by Par- I lament. The Pretence for doing of this is, that it was fti- pulated by the Treaty of 172 1, and that it was re- ferred to Commiffaries^ by the Treaty oi' Seville. The befl and fulleft Anfwer to all this is, what the moji noble Author fays upon it hiinlelf, in his Obfer- vations on the Treaty of Seville ; efpecially fmce it be- came the Language in other Places^ upon that Ac- count. " * But before I leave this Article^ fays he, I " muft take notice of that Part of it, which relates " to the Claim his Catholick Majefty may have to " Recompence for the Spanijh Ships of War, which *^ were taken in the Mediterranean in the Year 1 7 1 8. *' By the Treaty of 172 1, it was agreed that /Z?^y^ ^' Ships Ihould be reftored •, or, in cafe of being *' fold, the Value of them paid in Money to " the King of Spain. As therefore the King of " Spain had agreed, by xhcjirft Article of this Treaty, " to a Confirmation of the Treaty of 172 i, and '' had confequently acknowledged our Right to de^ •* mand Reftituticn of all that We could ever claim " in Purfuance of that Treaty •, he, in his Turn, " pretended to the Reftitution of the Men of War " above mentioned, or their Value, by virtue of " the fame Treaty. And this certainly was a Claim ; " which, confidered ab(lra6ledly ^romfome Circum- " fiances attending that particular Cafe., could not *' have been difputed. Thofe Circur/jjlances were, " that his Catholick Majefty did adlually fend Com- *' mijfaries^ in Purfuance of the Treaty of 172 1, to " Port-mahon^ where thQ faid Men of JVar then lay, " to demand the Reflitution of them j and that they E *' were * Page 21, 2?. ( 34 ) " were really, at that Time, offered to thofe Com- " mijfariesy but refufed by them, on account of their *' being in a decayed Condition^ and unfit for Service ; *' and were, upon thatRefufal, drawn out of theHar- ^' bour, and funk in the main Sea. This was what was " alledged, on cur P art ^ when mt pre fent Treaty was " negotiating •, but, as the King of Spain ftill in- " fifted upon his Right to the Reftitution of the " faid Ships^ tho' he was contented to refer that Pre- " tenfion to the DifcuITion of Commiffaries^ I *' would fain know upon what Grounds, and by *' what Rule of Juftice, his Majefty could have re- *' fufed to comply with this Requefi •, fince it is no- " torious that the Ships^ to which Spain was enti- *' tied by the 5 th Article of the Treaty of 1721, *' were never adhially reftored •, and his Catholick " Majefly hath, at lead, a Right to have the Rea- " fons why they were not reftored, examined into. " And there was the lefs Pretence for declining this " Difcujfwn^ becaufe We were fure it would, upon *' Examination, appear that it was the Fault of the " Spaniards only^ that thofe Ships were not put " into their PoffefTion.'* That this was the real State of the Cafe, and that our Minifler was determin'd not to allow this Claim of the Spaniards^ if the fending of Commiffaries was defign'd for any Thing more than an Amufement, appears plainly from the Infiru5fions to them ; which are •, " * That the Papers relating to this Matter^ " which will be delivered to you, will no doubt e- " nable you to prove to the Satisfaction of the Spa- *' 7iijh Commiffaries^ that the faid Treaty of 1721 " hath, in this refpecfl, been duly executed on the " Part of our Crown •, and that if fome of the Ships " by * Article 6. . ( 35 ) «^ by that treaty to be reftored, were not carried " home to Spain^ it was the Fault of the Spanifi « Officers^ who would not receive them, when they <* were tendred to them by thofe in whofe Cuftody " they were." The Letters of the Commijfaries and Secretaries of State, during the Difquifition of this Affair with the Spanijh Commijfaries, are as full and as plain to the fame Purpofe, and infifted upon by Us as latisfa- (5]:ory. What therefore can be the ftevj Arguments urged by Spain, which are fo convincing, and were not made ufe of before ; or what particularly influ- enced Us to fubmit to this Article now, is not yet known to the World. But, if We had not fub- mitted, it may be faid, perhaps, that We could not have obtained L. 155,000 from Spain, towards the Reparation of the Loflcs of our Merchants -, whilfl, by this Method, they will at lead be nomiyially paid by Spain, and really by Us, out of the Land-tax, It is true, that the Expence will not be much felt, confidering the vaft Sums We annually pay ; but yet the Marnier in which it is obvioufly done, muft make every Englijhman wifh that, if it was necef- fary to get that Sum, it might have been fupplied by the Over-flowings of the Civil-list, in fuch a Manner as to have preferved the Honour of the Na- tion, better than it is to be feared the prefent Form of it will do. It hath been acknowledged already, ^at JVe give to Spain a little more than their jujl Demands, and that our Merchants have a little lefs than theirs, — Is it not generoufly done, to pay Spain L, 6d,ooo, and to ob- tain L. 68,000 more for them from the South-Sea Company, which, with the remaining L. 27,000, being all that is pretended Spain fhould pay, makes fo ^ 36 ) fo great a Sum as L, 155,000 to be difpofed of for Reparation amongfl our Merchants^ whofe LofTes are computed by themfelvcs to be Z. 430,000 ? ■ Will this be eiieemed either by them or the Nation^ to be lijflicicnt Satisfa(n:ion ? And can it be believed, that the chief Argument which hath as yet been publickly urged in Juftification of this T^reaty is only ilich as a lozv Attorney might think proper to make ufe of in this Cale , nat We have made Spain pay Cofts\ which is' acknowledging our Klghts fufficiently? — Surely there can be none fo low in that Profejfion^ as not to know that what may be called paying Cofls^ cannot be an Acknowledgment of the Rights^ whilil the M.ie and Determination of thofe Rights are ftill to be tried, eitlier by a Judge or a Jury. By the fame Method of Reafoyiing^ We ought never to de- ftroy another Spanijh Fleet., in any Cafe, becaufe We are to pay Cofls for the lafl \ which fufficiently ex- pofes the Ridlculoufnefs of this Argument^ as it is ur<^ed on the other Side, How this Account of L. 95,000 for a Balance, ivhich hath been admitted as due from Spain, was made out, is not eafily conceiv'd, confidering that the Demands of the Merchants already mentioned, are above L. 430,000, and that but L. 155,000 is to be paid. The Ships and the Cafe of the Captures that are left out, muft be worthy of Obfervation ; fmce thofe Sufferers will be entitled to -no Reftitution ; nor will the leveral Particulars, which make the Sum of L. 60,000 to be paid to Spain., be lefs curious ; fmce they demanded 1 80,000. All thefe Particu- lars m.uft appear when the Account is produced ; for it is faid, in the 07te Cafe^ to be a Balance admitted by Spain •, and, in the other., the Amount of what hath been achtcix-Jcdged on the Part of Great Britain, to be ( V ) le due, -But as thefe Words are the Foundation of all the Arguments which have been hitherto urged for approving this Negotiation^ let Us confider them in another Light. Spain is far from acknowledging by this Article^ that fuch a Sum is due from them, upon ^v\j parti- cular Account whatfoever •, but agrees to make this Payment^ as if it was owing to the Crown of Great Britain. — To this let us add, that All which could be demanded by the Court of Spain^ for the Deftru- 6lion of their F/^^/, in the Year 171 8, according to the Treaty of 1 72 1, even if it were now to be allow- ed in its full Extent, would not be L. 40,000. But as Spain would not abate any thing, how was this to be adjufted ? Why thus The Loffes of our Merchants were L. 430,000-, the 5/^w7/7j Demands are L. 180,000. We lump the whole, taking L. 95,000 for a Balance. The accepting this Sum of L. 95,000, as fufficient to pay all thofe., who had any juft Claim to Rcjlitution., neceifarrly fuppo- fes, nay even allows, that all above L. 155,000 was juftly feiz'd ; which mud be on the Prefumption of fome Accounts being liquidated -, and yet it feems to be certain that no fuch Accounts were ever regujarly. fettled. -n: ? A According to this State of the Cafe, the Spaniards ^ • had they obtained their Demands, would only have got fo much more Money from the People of Eng- land., to make good the Loffes of our own Merchants \ efpecially fmce a Commijfion is flill to pafs, for di- flributing the Money amongft the unhappy Sufferers ; which, let it be done with the utmofl Impartiality, the Smallnefs of the Sum will itfelf fliew the Infuffici- ency of this Treaty .^ as to the Reflitution pretended to be obtained by it,, for our Merchants, But ^ 3^ ) - • But kt US Gonfider this a little farther. By the 4th Article, the Ships named in it, as well as others not named, being to be dedu6led from the L. 95,000, if any Part of their Value, or the whole hath been re- ftored^ in confequence of Orders difpatch'd from Spain^ previous to the figning o^ this 'Treaty ♦, it may ©ccafion a Balance to be paid to them^ at the clofing ^ of the Account \ fince if the Woolhall is valued at L. 6000, the Royal Charles at L. 12,000, the Dif- fatch at L. 6000, thefe three alone make L. 24,000,- To thefe We muft add the Value of the George^ the St. J antes ^ and the Prince William^ as well as of thofe, included in the general ^ovds^ feveral others -, I fay that, in this Cafe, the L. 27,000, which is all that Spain is to pay, may be more than fwallow'd up -, and then what have we gain'd by this 'Treaty ; fince the Orders for Reftitution o^fuch Ships and Ef- fe5ls^ as they were pleas*d to acknowledge to be un- lawful Captures^ were fent before the. i5gning of this Treaty ?-^'- - '^''V,"'' -■•'•''"'■'•'■-.• ; This^Defe6t in the Treaty will ftill appear in a ftronger Light, when We confider that the Remain- der of this Sum of L. 95,000 can never be fettled and divided amongft our unhappy Sufferers till thefe Accounts come back from tht JVefi-Indies, and are aliow'd by the Spanifi Minifier. Where then i$ the hoafted Reftitution and thtfaal Settlement of thefe Accounts^ by the Treaty ? ' But now, taking the two Articles together, for paying Cofts^ and regulating Grievances ; it appears that Spain hath only given up 2i\\ pecuniary Demands ^ upon our confen ting to do the fame; and, on Con- dition that We would withdraw our Fleets fhe was willing to treat with Us as ihe did hfore^ in order to prevent fuch Things for the future. In this Cafe, ( 39 ) Cafe, let the 'Treaty be colour'd by what Name fo^ ever, it is no more in Effe6t than cancelling of all Demands on both Sides^ and Each abiding by its own Lofs •, though Pretenfions are founded by it to get Money from one Part of our Subje5is^ in order to foften the Clamours of Others^ which are natumt upon fuch an Occafion. - The Orders difpatch'd for calling home our Fleets before any one of the moft ejfential Points in Difpute was abfolutely fettled, feem to be injudicious at lead, and too mean a Compliance with the Demands of Spain^ who by their full Powers require a fpeedy ^ndfecure Difpojitiony to fettle all Difputes in an a- micable Manner. If by this was meant the recalling of our Fleets how glorious and honourable was it for them to obtain it ? but what muft that Nation feel, at whofe Expence it was fitted out, upon Mo- tives of a much higher Nature ? The Article^ for regulating the Limits of Florida and Carolina., is generally underflood as defign'd for the giving up of Georgia •, bccaufe it feems, upon All that hath hitherto pafs'd between the two Crowns^ upon this Affair, and particularly in one Memorial of the Spanifb Minijicr here, that Spain will come to an open Rupture with Us, if it is not given up 5 and every body mufl be now convinc'd that our Treaty-makers are determin*d to avoid a Rupture at any Rate. Nor can it be conceiv'd, that they fhould take any particular Care of one of our Rights alone^ which they would not do for them ally put together. But notwithftanding thefe Suggeftions, let \Js, fee whether it is polTible for our prefent Minifler to give it up, without deferving the juil Cenfure of the ( 46 ) the Nation^ exprefs'd by their Reprefeniatives in Parliament. It is unnecelliiry here to enter into the Difquifi- xxovioi our Rights^ on this Subjedl. Let it iuffice to obferve, that they ought not only to be known, but to be clear and undoubted •, or elfe his Majefty fhould not have been advis'd to apply to Parliafnenty nor tlie Nation obliged to purchaie it of the Pro^ prietors, as they did, at the Expence of L. 22^500 in the Year 1729 •, nor .fhould fo many J^s of the^ Legijlature have pafs'd, if it was not for a clear and certain "Title to it, which is now become zxiEfta- hlifoment^ to be annually provided for, like Gibral- tar and other Places -, and whatever Difputes there have been concerning our Right, it was as well known before the Legijlature ever made it a national Concern^ as it is now. How therefore can thofe^ who have drawn the Nation into this Conteft^ and put Us to lb great an Expence, ever acknovv^ledge that it was wrong and unjuftifiable, as they will by giving it up, at prefent j fince they muft have known, be- fore they put the Nation to this Expence^ all the- Reafons and Arguments of Spain for not confenting to our PoifefHon of it ? Would not they be anfwer- able, in the Opinion of Mankind, for all the Mo-- ney given by the Publick^ and what was colle&d hy private Charities ^ as well as the Hardfhips and Injuftice it would be to all thofe^ who have gone to fettle there, under the San6lion of repeated A5ls of Parliament^ which it muft be prefum'd Were found- ed upon our undoubted Right to thofe Places ? Can > it tlierefore, I fay, be given up by thofe^ who have done all this ? It is true, indeed, that the Affairs of the South- fea Company are not fettled by this Convention^ or even ^ 4' ^ even fo much as mention'd -, but yet they are efien- tially concern'cl in it, being oblig'd to pay L. 68,000 towards the Balance. The Hardfhip ol' this makes it neceflary to look a Httle back into their Concerns. The Company^ in July 1734, addrefled his Maje- fly for Leave to part with their Trade., and Sir Tbc^ 9jms Geraldino had Power to treat with them about it. But it came to no dired Propofals ; becaufe his Ma- jefty's Anfwer was underftood to be againft it. How* ever, it was fuggefted, that the Company was to liave certain Duties., in Heu of their 7r^^, to be colle6led in Old Spain., upon Goods brought from the Weft- Indies., which it was reckoned would produce L. 70,000 a-year. On the 15th of IVLiy 1735, the Company again addreffed his Majcity. They com- plained of the new Difficulties they were put under, which they thought were defigned to force them to part with their Trade. They likewife complained of not being able to get the Money diat was fcized, du- ring the Rupture between the two Crowns \ that there was now due to them, according to the Spa- niards Account, 1,500,000 Pieces of Eighty and much more by their own Account -, though the King of Spain infilled on the immediate Paym.ent of the Money pretended to be due to him. On the 21ft of January 1736-7, they once more addreflcd his Majefly, and fet forth, that they could get no An- Iwer for large Quantides of Goods feized., and which ought to have been reftored, in purfuance of the Treaty of Seville ; that they had feveral Shedulas for Reftitution^ which had been of no Effe(5l. — In their Addrefs to his Majefty, the 30th of June 1737, they laid before his Majefty the Plan of Accommoda- tion^ as agreed to by Sir Thomas Geraldifto and them- felves., and afterwards agreed to in a General Court •, which in Subflance was to this Effc6l, that they would pay the Duty on Negroes^ after the Rate of F 52 i, ( . 42 ) 52 d. per Dollar -, which, together with the Profits of the Ship Royal Caroline^ fhould be paid imme- diately ', and, in Return, they were to have a full and fufficient Security for the Payment of what was due to them^ and that their Term was not to expire at the End of thirty Tears abfolutely, but as they had fuffered great Interruptions already, it was to end af- ter thirty trading Tears. His Majefty's Anfwer to this Addrefs was, by his Secretary of State, that he fiiw no Reafon to dilapprove the Plan of Accommo^ dation, mentioned by them •, and Mr. Keene was or- dered to ufe his Endeavours, at the Court of Spain^ for perfecting this Agreeyneyit. The little, that hath pafied fince, could be only explanatory of this Scheme •, for the Court of Dire^iors are neither au- thorized, nor have any Power to depart from it ; having had no General Court fince, upon this Af- fair. Is it not therefore very hard upon the Company that one Part of the Accommodation jfhould be put in Execution againfl them^ under the Pretence of its being confeffed by them that they would pay the King of Spain L. 68,000 •, when the only In- ducement for offering it was, that they might have the Benefit of the other Part of the fame Agreement ; I mean the thirty trading Tears, and Security for their Debts, or at leafl that the L. 68,000 fhould on- ly be deduced out of the D^bt own'd to be due from Spain, and therefore ought not to be paid by the Company ? But by this Agreement of Mr. Keene^ they are put into his Catholick Majefly^s Mercy, and in Danger of lofing both their 'Trade and their Debts. As it was impolTible that the Directors, if this Convention was communicated to them, could agree to fuch Terms, {o it was very improbable that their Proprietors would. But as the Convention figned here, on the 9 th of September lafl, was not fatisfadto- ry to the King of Spain^ upon this Account, he did in ( +3 ) . . in a very unufual Manner infert, in his Ratification .of it, a Declaration of the fame Import as the pre- fent Proteft. Tliis was not only contrary to the com- mon Forms of Treaties^ but the Thing itftlf would have been known as foon as the 1'reaty was communi- cated to the World. A new Convention therefore became neceffary, and another Manner of doing it was to be found out. Accordingly Mr. Keene had full Powers figned on the 9th of November lad, in which it is faid, " As alfo upon Articles, whether secret " or separate, and laOly upon all Things, " which fhiill fcem Most Proper for promoting *' and perfecting the faid Work." Where is the Difference between this prefent Convention^ and that of September lail, except in what hath been al- ready faid, with relation to the South-fca Company} — What Occafion was there for impowering Mr. Keene to conclude fecret Articles ? W^is the Nature of our Difputes fuch, that our Sdpulations m former Treaties ought to be kept fecret from foreign Nations^ or from ourfehes ? Do not the latter IVords, which are altogether new in thefe Cafes of Commer- cial Treaties, ihew too that fome Method, or Form, was to be fettled, which might have the fame Effe6b of forcing the Company into it, and yet from the Man- ner in which it was done, it might be kept a Secret, till the other Part of the Treaty had been appro- ved } The Manner therefore, in which it is now done, at lail, feems to prove the Confcioufnefs o^thcfe, who had the Management of it, that the Thing was blameable in itfelf, and that this neiv Form was to ferve only for a Screen to it. But if it is really blameable, will it not be equally fo to let this clandcfiine Aulion, as it muft now be call'd, ever have any EffecSt ? We muft next confider the Declaration, that was made by Monf dela §uadra, on the lodi of Janu- ary 1739, N. S. fince it in Ibme Degree affedts the F 2 Validitv ( 44 ) Validity of the "johole treaty, This was not com^ municated to the World with the T^reaty itfelf v but too foon, as Ibme People may think, to the Souths fea Convpany^ by which Means it became publick. The main Difficulty, which was the Refufal of the Company^ not being to be got over, this new Method was found out to force them into it, and the Intereft of all their Proprietors facrific'd, in order to procure this bo aft 3d Convejttion •, fmce they muft either pay the Money demanded, or their Trade will be fufpend^ ed till they do. Nothing can be ftronger than this Declaration^ nor more in the Stile of Spain. It is the Condition, upon which the 'Treaty was figned four Days afterwards •, and it is faid to be, <' inconfequencc *' of repeated Memorials and Conferences^ that have *^ pafs'd v/ith Mr. Keene^ having therein agreed, with ^' reciprocal Accord., that the prefent Declaration fhall " be made as the ejfential and precife Means to over- *' come the fo much debated Difputes, and in order " that the faid Convention may be fign*d." — It hath been pretended that this Protefl had no relation to the Treaty., and that none of our Minifiers., either abroad or at home, had any Concern in it. But can it be read by any Man, of common Senfe, without feeing that our Minifter, Mr. Keene., agrees to it, as the effential Means to overcome Difputes., that the Convention may be fign'd ^ Nay, the Protefl goes farther, j^nd declares, *' that under 'the Validity and Force of this Protefi.^ " tne figning of the faid Convention may be proceed- " ed on, and in no other Manner., fo that it may not *' be eluded by (Hiy Motive or Pretext whatfoever.'*- — Does not this aftcd the Validity of the Treaty \ iince it was the only Condition upon v/hich Spain would proceed upon it and fign it .^ Mr. Keem^hetters., which are fmce produced, evidently prove what was only fulpecled before, that this whole Article was negotiated and concluded with his- Privity and Con, ( 45 ) Confent », for in the firft of them, dated the 6th of January N. S. he fays •, " That^ in order to come " to an Explanation, with Regard to/igning the Cort- "> vention •, it was thought proper to go and declare *' verbally to your Excellency^ as I did yefierday, " that I was ready to fign the Conrjention^ as foon as " his Catholick Majefty Ihould think proper, upon " the Foot We had agreed, 'viz. of a feparate AEl " for preferving the Peace between the two Nations, " and without having any Relation to the Affairs " of the South-fea Company \ and that as to wliat re- " lates to thoj'e Affairs, I charged myfelf to notify " to my Court, as well as to the Company, the Right " f^f Sufpenfion, which his Catholick Majefty refer- '' ved to himfelf ". The whole Strefs of the Ar- gument is at prefent laid upon thefe Words, without having any Relation to the Affairs of the Company, not confidering what went before or after them, as if it were poffiblc to feparate them from the reft, and make Senfe of the whole. But, pray, why are • thofe Words there? Does it not imply that a Veace could not be obtained from Spaiyi^ unlefs the South'fea Company were left to the Difcretion of Spain?' What particular Reafons could there be for fuch a Relervation to them, in Oppofition to a feparate AEl for preferring the Peace? Are they not, in confequence, to be given up ', and yet what- ever they fuffer juftly, or unjuftly, is to be no Breach of that Peace?' Otherwife, why were not their Affairs left to be difcuffed and decided, and not put 'nx.0 this Condition, v/hich will force them to pay wln.t is pretended to be due to Spai77, without any -Jlegi*-d to what is due to them ? But ivt us confider this Affair in any Shape, and it will appea. ^hat our Minifter muft knov/ of tins Be- claration\ v^i^h, as it is there faid, ''was agreed *^ upon with t^ip-Qcal Accord, as the effeittial and '« pre^ ( 46 ) " precife Means to overcome the fo much debated " Difputes." But, does not all this come out ftill Stronger, fince it appears from Monf. de la ^adra^s Letter, that, upon this Agreement^ the very- Day Yasfull Powers were figned, and the Day when the Declaration was made, being the lothof J^- nuary^ he wrote to Mr. Keene in this Manner? " Herewith I tranfmit you the King's Declaration^ "in which his Majefty protefts, that he referves " the Right of fufpending the AJfiento Contra^^ in " a proper Time mentioned therein ; and I hope *> that, according to our Agreement^ you v/ill give ^^ me Advice of having received it, in order to no- " tify the Contents of it to your Courts as well as " the Company ; and that, in order to prevent any " Doubt or Equivocation^ you will be pleafed to ex- " prefs the Contents of it in your Anfwer^ for the ■ ^> greater Security of the good Faith of our refpe- '^f'-^ tlive Proceedings.'*' To this we may add, that Mr. Keene did, the very next Day, acknow- ledge the Receipt of this Letter., and promifcd to fend it to his Court., and the Company. What there- fore muft be faid of thofe., who have the Afliirance -to tell us, that it was only a private Proteft of a Mi- nifler of Spain., which therefore could not afFed: Eng- land., as it was not even known, or communicated to his Majefty' s Minifter ? Where^is at laft it came out, to be not only agreed on, in general, by our Mini- fter., under his Hand, before it W2isfign'd\ but in the Form it was fent him, was faid to be the Declaration and Proteft of the King of Spain., agreed upon by ^- ciprocal Accord. And that all this fhould be ackr^w- ledg'd under Mr. Keene' ^ own Hand, without nia^ king any one Obfervation, or Qbjedlion tr^f? muft afoniHi all Mankind. But to fign *ie Conventi- on., three Days afterwards, when he ^^^^^ and of courfe acknowleds'd the whole Men -^^B andStrength ^ of ( 47 •) of the Proteft^ which made the Condition, upon which the treaty was to be proceeded on, is what I muft leave to the Judgment of my Superiors. The Declaration^ after all, was known here, be- fore his Majefty ratify'd the Convention^ which was the 24th o( January, O. S. and this Declaration was fign'd and dcliver'd to Mr. Keene the lotb of Janu- ary^ N. S. By this the Company is at leaft put out of his Ma'iefty's Protediion ; fince it is agreed that the Sufpeiifton of their Trade is not to be look'd upon as a Breach of the Peace. It is certainly the^frji Treaty i in which any thing of this kind hath been done, as it leaves the Company and their Prcprietcrs no Refource of Juftice and Redrefs, but by refolving immediately not to pay the Money thus extorted from them. — Butthis Point ought to be animadverted upon in another Manner than it is proper for me to do here. What muft We now think of all our Complaints of Lofies, for twenty five Years, without any Refli- tution i the frequent Seizures of the Efftcls of the South-fea Company -, the many Complaints in Parlia- ment •, the great Squadrons fent to proted our Trade^ and procure Reparation •, what, I fay, muft We think upon feeing all our Negotiations fumm'd up, in this Manner, and ending in a Balance upon the whole, of L. 27,000 to be paid by Spain, and even that perhaps in fFords only ? Upon this State of the Cafe, every impartial Perfon muft imagine that the LoJJes were inconfider- able ; and that the only Thing necefiary to be ob- tain'd, after all, w^s future Security by afierting our ^ghts. But this cannot be fo much as pre- tended to be done by this Treaty •, fince every Thing is referr'd to the Regulation of Plenipotentiaries^ before another SeiTion of Parliament. The Refti- tution to our Merchants o^ L. 155,000 for their Lofles of L. 430,000, cannot be efteem'd fatif- fadory.— fa£l:ory;— ^ The paying for t\\t-Spamfh Tleet\ in this Manner, is what every Englijhman mull fen- fibly feel in his own Breaft.^ The giving up of Georgia will be efteem*d very difhonourable to the Legtflature^ which hath pafs'd'j^ nm}fy AUs for main^ taining it. The South^fea Companf% paying down L. 68,000, when fo much larger Sums' are ^llow*4 to be due to thsm^ is a Sort of Juftice, which never ^ppear'd in any "Treaty before. In this Ihort Light is contain'd the whole Sub- ftance of the prefent 'Treaty, Let thofe approve it, who ^an ; and let -thdfe cenfure it, who have the Power^ if it fhould deferve Cenfure. But lef not thafe^ who are thoroughly convinc*d that it is both detrimental and difhonourable to the Nation^ ap- prove it, for the Sake of one Man only, at the Expence of their Country, Let them confider that if it is really a had Treaty^ their Approbation will not only involve them in the Guilt of it, but rivet • it upon a Nation^ which feems to be almoil univer- fally dilpos'd againft it. The Credit, that hath too long been given to dehfive Negotiatwns^ and forcVi Conftru<5lions of our late Treaties^ which father tended to flrengthen the Pretcnfions of Spain^ hath brought Us to the Condition We are now in ; iarid the Queftion, in.EfFedt:, is the fame as lajl Tear t, That is. Whether the Dominion of the Sea^ and tht 'Freedom of Nat^igation and Commerce^ fhall be facri- fk'd to the wild Pretenfions of Spai^i^ by admitting _•* their ^Right to plunder Us, under the Colour oi Se ARCHJNGWitHn ANY LlMI-fS WHATSOEVER ? PI N I S. p. S. since the foregoing Sheets went to the Prefs, I hate feen ■T'tw Actmnts, faid-to be fettled between ^ain and one ofoifr Com' , miffwim, which are of io extraordinary a Nature, that I muft take fome ether OppcJrtanity^of making my Remarks upoh th^ih, un - ^ \ iind ifr done before by an abler Hand, >=^"