PLAY-HOUSE BILL.

The next effort of the minister was obliquely levelled at the liberty of the press, which it was much for his interest to abridge. The errors of his conduct, the mystery of that corruption which he had so successfully reduced to a system, and all the blemishes of his administration, had been exposed and ridiculed, not only in political periodical writings produced by the most eminent hands, but likewise in a succession of theatrical pieces, which met with uncommon success among the people. He either wanted judgment to distinguish men of genius, or could find none that would engage in his service; he therefore employed a set of wretched authors, void of understanding and ingenuity. They undertook the defence of his ministry, and answered the animadversions of his antagonists. The match was so extremely unequal, that, instead of justifying his conduct, they exposed it to additional ridicule and contempt; and he saw himself in danger of being despised by the whole nation. He resolved to seize the first opportunity to choke those canals through which the torrent of censure had flowed upon his character. The manager of a play-house communicated to him a manuscript farce, intituled, The Golden Rump, which was fraught with treason and abuse upon the government, and had been presented to the stage for exhibition. This performance was produced in the house of commons. The minister descanted upon the insolence, the malice, the immorality, and the seditious calumny which had been of late propagated in theatrical pieces. A bill was brought in to limit the number of playhouses; to subject all dramatic writings to the inspection of the lord chamberlain; and to compel them to take out a license for every production before it could appear on the stage. Notwithstanding a vigorous opposition, this bill passed through both houses with extraordinary despatch, and obtained the royal sanction. In this debate the earl of Chesterfield distinguished himself by an excellent speech, that will ever endear his character to all the friends of genius and literature, to all those who are warmed with zeal for the liberties of their country. “Our stage,” said he, “ought certainly to be kept in due bounds; but for this purpose, our laws as they stand at present are sufficient. If our stage-players at any time exceed those bounds, they ought to be prosecuted; they may be punished. We have precedents, we have examples of persons punished for things less criminal than some pieces which have been lately represented; a new law must, therefore unnecessary; and in the present case it cannot be unnecessary without being dangerous. Every unnecessary restraint is a fetter upon the legs, is a shackle upon the hands, of liberty. One of the greatest blessings we enjoy, one of the greatest blessings a people can enjoy, is liberty. But every good in this life has its allay of evil. Licentiousness is the allay of liberty. It is an ebullition, an excrescence; it is a speck upon the eye of the political body, which I can never touch but with a gentle, with a trembling hand; lest I destroy the body, lest I injure the eye, upon which it is apt to appear. If the stage becomes at any time licentious, if a play appears to be a libel upon the government, or upon any particular man, the king’s courts are open; the law is sufficient to punish the offender. If poets and players are to be restrained, let them be restrained as other subjects are, by the known laws of their country; if they offend, let them be tried as every Englishman ought to be, by God and their country. Do not let us subject them to the arbitrary will and pleasure of any one man. A power lodged in the hands of a single man to judge and determine without limitation, control, or appeal, is a sort of power unknown to our laws, inconsistent with our constitution. It is a higher, a more absolute power than we trust even to the king himself; and, therefore, I must think we ought not to vest any such power in his majesty’s lord-chamberlain.” His arguments had no effect, though the house admired his elocution; and the play-house bill passed into a law. On the twenty-first day of June the king made a short speech to both houses, and the lord chancellor prorogued the parliament.

The Russians take Oczakow..... Death of Gaston de Medeis, Duke of Tuscany..... Death of Caroline, Queen Consort of England..... Dispute in Parliament about the Standing Army..... Spanish Depredations..... Motives of the Minister for avoiding a War..... Address to the King on the Subject of the Depredations..... Bill for Securing the Trade, of his Majesty’s Subjects in America..... Debates in the House of Lords..... Birth of Prince George..... Admiral Haddock sails with a Squadron to the Mediterranean..... Progress of the War against the Turks..... Dispute and Rupture between Hanover and Denmark..... Sir Robert Walpole extols the Convention in the House of Commons—-Motion for an Address, that the Representations, Letters, &c, relating to the Spanish Depredations, should be laid before the House..... Petitions against the Convention..... Substance of that Agreement..... Debate in the House of Commons on the Convention..... Secession of the chief Members in the Opposition..... Debate in the House of Lords upon an Address to his Majesty touching the Convention..... Message from the Throne touching a Subsidy to Denmark, and a Power to augment the Forces of the Kingdom..... Parliament prorogued..... The King of Spain publishes a Manifesto..... The Emperor and Czarina conclude a Peace with the Turks..... Preparations for War in England..... Apology in the House of Commons for the seceding Members..... Pension Bill revived, and lost..... Porto Bello taken by Admiral Vernon..... Hard Frost..... Marriage of the Princess Mary to the Prince of Hesse..... Strong Armament sent to the West Indies..... Death of the Emperor and Czarina..... Proceedings in Parliament..... Seamen’s Bill..... Discontents against the Ministry..... Motion for removing Sir Robert Walpole from his Majesty’s Councils and Presence for ever..... Debate on the Mutiny Bill..... Proceedings in the House of Lords..... Close of the last Session of this Parliament

A congress had been opened at Niemerow in Poland, to compromise the differences between the czarina and the grand seignor; but this proving ineffectual, the emperor declared war against the Turks, and demanded assistance from the diet of the empire. He concerted the operations of the campaign with the empress of Muscovy. It was agreed that the Imperialists, under count Seckendorf, should attack Widdin in Servia; while the Russians, commanded by count de Munich, should penetrate to the Ukraine, and besiege Oczakow, on the Roristhenes. They accordingly advanced against this place, which was garrisoned by twenty thousand men, and on the side of the Roristhenes defended by eighteen galleys. The Muscovites carried on their approaches with such impetuosity and perseverance, that the Turks were terrified at their valour, and in a few days capitulated. Among those who signalized themselves by uncommon marks of prowess in these attacks, was general Keith, now field-marshal in the Prussian service, who was dangerously wounded on this occasion. Meanwhile count Seckendorf, finding it impossible to reduce Widdin without a squadron of ships on the Danube, turned his arms against Nissa, which was surrendered to him on the eight-and-twentieth day of July; but this was the farthest verge of his good fortune. The Turks attacked the post which the Imperialists occupied along the Danube. They took the fort of Padudil, burned the town of Has in Wallachia, and plundered the neighbouring villages. The prince of Saxe-Hilburghausen, who had invested Bagnalack in Bosnia, was defeated, and obliged to repass the Saave. Count Seckendorf was recalled to Vienna; and the command of the army devolved upon count Philippe. Count Kevenhuller was obliged to retreat from Servia; and Nissa was retaken by the Mussulmen. The conferences at Niemerow were broken off; and the Turkish plenipotentiaries returned to Constantinople.

The kingdom of Poland now enjoyed the most perfect repose under the dominion of Augustus. Ferdinand, the old duke of Courland, dying without issue, the succession was disputed by the Teutonic order and the kingdom of Poland, while the states of Courland claimed a right of election, and sent deputies to Petersburgh, imploring the protection of the czarina. A body of Russian troops immediately entered that country; and the states elected the count de Biron, high chamberlain to the empress of Muscovy. The elector of Cologn, as grand-master of the Teutonic order, protested against this election; but the king of Poland agreed to it, on certain conditions settled at Dantzic with the commissiaries of the new duke and those of the czarina. In the month of July, John Gaston de Medicis, great duke of Tuscany, died at Florence; and the prince de Craon took possession of his territories in the name of the duke of Lorraine, to whom the emperor had already granted the eventual investiture of that duchy.

In England the attention of the public was attracted by an open breach in the royal family. The princess of Wales had advanced to the very last month of her pregnancy before the king and queen were informed of her being with child. She was twice conveyed from Hampton-Court to the palace of St. James’, when her labour-pains were supposed to be approaching; and at length was delivered of a princess in about two hours after her arrival. The king being apprised of this event, sent a message by the earl of Essex to the prince, expressing his displeasure at the conduct of his royal highness, as an indignity offered to himself and the queen. The prince deprecated his majesty’s anger in several submissive letters, and implored the queen’s mediation. The princess joined her entreaties to those of his royal highness; but all their humility and supplication proved ineffectual. The king, in another message sent by the duke of Grafton, observed, that the prince had removed the princess twice in the week immediately preceding the day of her delivery, from the place of his majesty’s residence, in expectation of her labour; and both times, on his return, industriously concealed from the knowledge of the king and queen every circumstance relating to this important affair; that at last, without giving any notice to their majesties, he had precipitately hurried the princess from Hampton-Court in a condition not to be named; that the whole tenor of his conduct, for a considerable time, had been so entirely void of all real duty to the king, that his majesty had reason to be highly offended with him. He gave him to understand, that until he should withdraw his regard and confidence from those by whose instigation and advice he was directed and encouraged in his unwarrantable behaviour to his majesty and the queen, and return to his duty, he should not reside in the palace; he therefore signified his pleasure that he should leave St. James’, with all his family, when it could be done without prejudice or inconvenience to the princess. In obedience to this order the prince retired to Kew, and made other efforts to be readmitted into his majesty’s favour, which, however, he could not retrieve. Whatever might have been his design in concealing so long from the king and queen the pregnancy of the princess, and afterwards hurrying her from place to place in such a condition, to the manifest hazard of her life, his majesty had certainly cause to be offended at this part of his conduct; though the punishment seems to have been severe, if not rigorous; for he was not even admitted into the presence of the queen his mother, to express his duty to her in her last moments, to implore her forgiveness, and receive her last blessing. She died of a mortification in her bowels, on the twentieth day of November, in the fifty-fifth year of her age, regretted as a princess of uncommon sagacity, and as a pattern of conjugal virtue.

The king opened the session of parliament on the twenty-fourth day of January, with a short speech recommending the despatch of the public business with prudence and unanimity. Each house presented a warm address of condolence on the queen’s death, with which he seemed to be extremely affected. Though the house of commons unanimously sympathised with the king in his affliction, the minister still met with contradiction in some of his favourite measures. One would imagine that all the arguments for and against a standing army in time of peace had been already exhausted; but, when it was moved that the same number of land forces which they had voted in the preceding year should be continued in pay for the ensuing year, the dispute was renewed with surprising vivacity, and produced some reasons which had not been suggested before. The adherents of the minister fairly owned, that if the army should be disbanded, or even considerably reduced, they believed the tory interest would prevail; that the present number of forces was absolutely necessary to maintain the peace of the kingdom, which was filled with clamour and discontent, as well as to support the whig interest; and that they would vote for keeping up four times the number, should it be found expedient for that purpose. The members in the opposition replied, that this declaration was a severe satire on the ministry, whose conduct had given birth to such a spirit of discontent. They said it was in effect a tacit acknowledgment, that what they called the whig interest was no more than an inconsiderable party, which had engrossed the administration by indirect methods; which acted contrary to the sense of the nation; and depended for support upon a military power, by which the people in general were overawed, and consequently enslaved. They affirmed, that the discontent of which the ministry complained, was in a great measure owing to that very standing army, which perpetuated their taxes, and hung over their heads as the instruments of arbitrary power and oppression. Lord Polworth explained the nature of whig principles, and demonstrated that the party which distinguished itself by this appellation, no longer retained the maxims by which the whigs were originally characterised. Sir John Hinde Cotton, who spoke with the courage and freedom of an old English baron, declared, he never knew a member of that house who acted on true whig principles, vote for a standing army in time of peace. “I have heard of whigs,” said he, “who opposed all unlimited votes of credit; I have heard of whigs who looked upon corruption as the greatest curse that could befall any nation; I have heard of whigs who esteemed the liberty of the press to be the most valuable privilege of a free people, and triennial parliaments as the greatest bulwark of their liberties; and I have heard of a whig administration which has resented injuries done to the trade of the nation, and revenged insults offered to the British flag.” The ministry triumphed as usual, and the same number of forces was continued.

Ever since the treaty of Seville, the Spaniards in America had almost incessantly insulted and distressed the commerce of Great Britain. They disputed the right of English traders to cut logwood in the bay of Campeachy, and gather salt in the island of Tortugas; though that right was acknowledged by implication in all the treaties which had been lately concluded between the two nations. The captains of their armed vessels, known by the name of guarda-costas, had made a practice of boarding and plundering British ships, on pretence of searching for contraband commodities, on which occasions they had behaved with the utmost insolence, cruelty, and rapine. Some of their ships of war had actually attacked a fleet of English merchant ships at the island of Tortugas, as if they had been at open enmity with England. They had seized and detained a great number of British vessels, imprisoned their crews, and confiscated their cargoes, in violation of treaties, in defiance of common justice and humanity. Repeated memorials were presented to the court of Spain, by the British ambassador at Madrid. He was amused with evasive answers, vague promises of inquiry, and cedulas of instructions sent to the Spanish governors in America, to which they paid no sort of regard. Not but that the Spaniards had reason to complain in their turn, of the illicit commerce which the English traders from Jamaica and other islands, carried on with their subjects on the continent of South America; though this could not justify the depredations and cruelties which the commanders of the guarda-costas had committed, without provocation or pretence.

The merchants of England loudly complained of these outrages; the nation was fired with resentment, and cried for vengeance; but the minister appeared cold, phlegmatic, and timorous. He knew that a war would involve him in such difficulties as must of necessity endanger his administration. The treasure which he now employed for domestic purposes, must in that case be expended in military armaments; the wheels of that machine on which he had raised his influence would no longer move; the opposition would of consequence gain ground, and the imposition of fresh taxes, necessary for the maintenance of the war, would fill up the measure of popular resentment against his person and ministry. Moved by these considerations, he industriously endeavoured to avoid a rupture, and to obtain some sort of satisfaction by dint of memorials and negotiations, in which he betrayed his own fears to such a degree, as animated the Spaniards to persist in their depredations, and encouraged the court of Madrid to disregard the remonstrances of the British ambassador. But this apprehension of war did not proceed from Spain only; the two branches of the house of Bourbon were now united by politics, as well as by consanguinity; and he did not doubt that in case of a rupture with Spain, they would join their forces against Great Britain. Petitions were delivered to the house by merchants from different parts of the kingdom, explaining the repeated violences to which they had been exposed, and imploring relief of the parliament. These were referred to a committee of the whole house; and an order was made to admit the petitioners, if they should think fit, to be heard by themselves or by counsel. Sir John Barnard moved for an address to the king, that all the memorials and papers relating to the Spanish depredations should be laid before the house; and this, with some alteration proposed by sir Robert Walpole, was actually presented. In compliance with the request, an enormous multitude of letters and memorials was produced.

The house, in a grand committee, proceeded to hear counsel for the merchants, and examine evidence; by which it appeared that amazing acts of wanton cruelty and injustice had been perpetrated by Spaniards on the subjects of Great Britain. Mr. Pulteney expatiated upon these circumstances of barbarity. He demonstrated, from treaties, the right of the British traders to the logwood of Campeachy, and to the salt of Tortugas; he exposed the pusillanimity of the minister, and the futility of his negotiations; he moved for such resolutions as would evince the resentment of an injured nation, and the vigour of a British parliament. These were warmly combated by sir Robert Walpole, who affirmed, that they would cramp the ministers in their endeavours to compromise these differences; that they would frustrate their negotiations, intrench upon the king’s prerogative, and precipitate the nation into an unnecessary and expensive war. Answers produced replies, and a general debate ensued. A resolution was reported; but the question being put for recommitting it, was carried in the negative. The house, however, agreed to an address, beseeching his majesty to use his endeavours to obtain effectual relief for his injured subjects, to convince the court of Spain that his majesty could no longer suffer such constant and repeated insults and injuries to be carried on, to the dishonour of his crown, and to the ruin of his trading subjects; and assuring him, that in case his royal and friendly instances with the catholic king should miscarry, the house would effectually support his majesty in taking such measures as honour and justice should make it necessary for him to pursue. To this address the king made a favourable answer.

1738

The next important subject on which both sides exercised their talents, was a bill prepared and brought in by Mr. Pulteney, for the more effectual securing the trade of his majesty’s subjects in America. This was no other than the revival of part of two acts passed in the reign of queen Anne, by which the property of all prizes taken from the enemy was vested in the captors; while the sovereign was empowered to grant commissions or charters to any persons or societies, for taking any ships, goods, harbours, lands, or fortifications of the nation’s enemies in America, and for holding and enjoying the same as their own property and estate for ever. The ministry endeavoured to evade the discussion of this bill, by amusing the house with other business, until an end should be put to the session. A mean artifice was practised with this view; and some severe altercation passed between sir Robert Walpole and Mr. Pulteney. At length the bill was read, and gave rise to a very long and warm contest, in which the greatest orators of both sides found opportunities to display their eloquence and satire. Mr. Pulteney defended the bill with all the ardour of paternal affection; but, notwithstanding his warmest endeavours, it was rejected upon a division.

When the mutiny bill was sent up to the house of lords, a long debate arose upon the number of troops voted for the ensuing year. Lord Carteret explained the situation of affairs, in almost every nation of Europe, with great conciseness and precision. He demonstrated the improbability of a rupture between Great Britain and any power against which a land army could be of any service. He examined the domestic circumstances of the nation; and proved that whatever discontents there might be in the kingdom, there was little or no disaffection, and no seeming design to overturn or disturb the government. In answer to an argument, that such a number of regular forces were necessary for preventing or quelling tumults, and for enabling the civil magistrate to execute the laws of his country, he expressed his hope that he should never see the nation reduced to such unfortunate circumstances: he said, a law which the civil power was unable to execute, must either be in itself oppressive, or such a one as afforded a handle for oppression. In arguing for a reduction of the forces, he took notice of the great increase of the national expense. He observed, that before the revolution, the people of England did not raise above two millions for the whole of the public charges; but now what was called the current expense, for which the parliament annually provided, exceeded that sum; besides the civil list, the interest due to the public creditors, and the sinking fund, which, added together, composed a burden of six millions yearly. The earl of Chesterfield, on the same subject, affirmed, that slavery and arbitrary power were the certain consequences of keeping up a standing army for any number of years. It is the machine by which the chains of slavery are rivetted upon a free people. They may be secretly prepared by corruption; but, unless a standing army protected those that forged them, the people would break them asunder, and chop off the polluted hands by which they were prepared. By degrees a free people must be accustomed to be governed by an army; by degrees that army must be made strong enough to hold them in subjection. England had for many years been accustomed to a standing army, under the pretence of its being necessary to assist the civil power; and by degrees the number and strength of it have been increasing. At the accession of the late king it did not exceed six thousand; it soon amounted to double that number, which has been since augmented under various pretences. He therefore concluded, that slavery, under the disguise of an army for protecting the liberties of the people, was creeping in upon them by degrees; if no reduction should be made, he declared he should expect in a few years to hear some minister, or favourite of a minister, terrifying the house with imaginary plots and invasions, and making the tour of Europe in search of possible dangers, to show the necessity of keeping up a mercenary standing army, three times as numerous as the present. In spite of those suggestions, the standing army maintained its ground. The same noblemen, assisted by lord Bathurst, distinguished themselves in a debate upon the Spanish depredations, which comprehended the same arguments that were used in the house of commons. They met with the same success in both. Resolutions equivalent to those of the lower house were taken; an address was presented; and his majesty assured them he would repeat, in the most pressing manner, his instances at the court of Spain, in order to obtain satisfaction and security for his subjects trading to America. This assurance was renewed in his speech at the close of the session, on the twentieth of May, when the parliament was prorogued.

At this period the princess of Wales was delivered of a son, who was baptised by the name of George, now king of Great Britain. His birth was celebrated with uncommon rejoicings: addresses of congratulation were presented to the king by the two universities, and by almost all the cities and communities of the kingdom. But the prince of Wales still laboured under the displeasure of his majesty, who had ordered the lord-chamberlain to signify in the gazette, that no person who visited the prince should be admitted to the court of St. James’. His royal highness was divested of all the external marks of royalty, and lived like a private gentleman, cultivating the virtues of a social life, and enjoying the best fruits of conjugal felicity. In the latter end of this month, rear-admiral Haddock set sail with a strong squadron for the Mediterranean, which it was hoped would give weight to the negotiation of the British minister at the court of Madrid. The act to discourage the retail of spirituous liquors had incensed the populace to such a degree, as occasioned numberless tumults in the cities of London and Westminster. They were so addicted to the use of that pernicious compound, known by the appellation of gin or geneva, that they ran all risks rather than forego it entirely; and so little regard was paid to the law by which it was prohibited, that in less than two years twelve thousand persons within the bills of mortality were convicted of having sold it illegally. Nearly one half of that number were cast in the penalty of one hundred pounds; and three thousand persons paid ten pounds each, for an exemption from the disgrace of being committed to the house of correction.

The war maintained by the emperor and the czarina against the Ottoman Porte, had not yet produced any decisive event. Count Seckendorf was disgraced and confined on account of his ill success in the last campaign. General Doxat was tried by a council of war at Belgrade, and condemned to death, for having surrendered to the enemy the town of Nissa, in which he commanded. The diet of the empire granted a subsidy of fifty Roman months to the emperor, who began to make vigorous preparations for the ensuing campaign; but, in the meantime, Ragotski, vaivode of Transylvania, revolted against the house of Austria, and brought a considerable army into the field, under the protection of the grand seignor. He was immediately proclaimed a rebel, and a price set upon his head by the court of Vienna. The Turks taking the field early, reduced the forts of Usitza and Meadia, and undertook the siege of Orsova; which however they abandoned at the approach of the Imperial army, commanded by the grand duke of Tuscany, assisted by count Konigsegg. The Turks, being reinforced, marched back and attacked the Imperialists, by whom they were repulsed after an obstinate engagement. The Germans, notwithstanding this advantage, repassed the Danube; and then the infidels made themselves masters of Orsova, where they found a fine train of artillery, designed for the siege of Widdin. By the conquest of this place, the Turks laid the Danube open to their galleys and vessels; and the Germans retired under the cannon of Belgrade. In the Ukraine, the Russians, under general count Munich, obtained the advantage over the Turks in two engagements; and general Lasci routed the Tartars of the Crimea; but they returned in greater numbers, and harassed the Muscovites in such a manner, by intercepting their provisions, and destroying the country, that they were obliged to abandon the lines of Precops.

In the month of October, an affair of very small importance produced a rupture between the king of Denmark and the elector of Hanover. A detachment of Hanoverians took by assault the castle of Steinhurst, belonging to the privy-counsellor Wederkop, and defended by thirty Danish dragoons, who had received orders to repel force by force. Several men were killed on both sides before the Hanoverians could enter the place, when the garrison was disarmed, and conducted to the frontiers. This petty dispute about a small territory, which did not yield the value of one thousand pounds a-year, had well nigh involved Hanover in a war, which, in all probability, Great Britain must have maintained; but this dispute was compromised by a convention between the king of England and Denmark.

The session of parliament was opened on the first day of February, when the king in his speech to both houses, gave them to understand that a convention was concluded and ratified between him and the king of Spain, who had obliged himself to make reparation to the British subjects for their losses, by certain stipulated payments; the plenipotentiaries were named and appointed for regulating, within a limited time, all those grievances and abuses which had hitherto interrupted the commerce of Great Britain in the American seas; and for settling all matters in dispute, in such a manner as might for the future prevent and remove all new causes and pretences of complaint. The motion for an address of approbation was disputed as usual. Though the convention was not vet laid before the house, the nature of it was well known to the leaders of the opposition. I Sir William Wyndham observed, that if the ministry had made the resolutions taken by the parliament in the last session the foundation of their demands; if they had discovered a resolution to break off all treating, rather than depart from the sense of parliament, either a defensive treaty might have been obtained, or by this time the worst would have been known; but, by what appeared from his majesty’s speech, the convention was no other than a preliminary; and, in all probability, a very bad preliminary. He supposed the minister had ventured to clothe some of his creatures with full powers to give up the rights of the nation; for they might do it if they durst. Sir Robert Walpole, in answer to these suggestions, affirmed, that the ministry had on this occasion obtained more than ever on like occasions was known to be obtained; that they had reconciled the peace of their country with her true interest; that this peace was attended with all the advantages that the most successful arms could have procured; that future ages would consider this as the most glorious period of our history, and do justice to the councils that produced the happy event, which every gentleman divested of passion and prejudice was ready to do; and which, he believed, the present age, when rightly informed, would not refuse. In a word, he extolled his own convention with the most extravagant encomiums.

The house resolved to address the king, that copies of all the memorials, representations, letters, and papers, presented to his majesty, or his secretary of state, relating to depredations, should be submitted to the peru sal of the house; but some members in the opposition were not contented with this resolution. Then Mr. Sandys, who may be termed the “motion-maker,” moved for an address, desiring that the house might inspect all letters written, and instructions given by the secretaries of state, or commissioners of the admiralty, to any of the British governors in America, or any commander-in-chief, or captains of his majesty’s ships of war, or his majesty’s minister at the court of Spain, or any of his majesty’s consuls in Europe, since the treaty of Seville, relating to losses which the British subjects had sustained by means of depredations committed by the subjects of Spain in Europe and America. This was an unreasonable proposal, suggested by the spirit of animosity and faction. Mr. H. Walpole justly observed, that a compliance with such an address might lay open the most private transactions of the cabinet, and discover secrets that ought, for the good of the kingdom, to be concealed. It would discover to the court of Spain theultimatumof the king’s demands and concessions, and the nation would thereby be deprived of many advantages which it might reap, were no such discovery made. He said, that as soon as the differences betwixt the two courts should arrive at such a crisis, and not before, the consuls were instructed to give notice to the merchants that they might retire in time with their effects; but should such instruction come to the knowledge of the Spaniards, it would be a kind of watch-word to put them on their guard, and unavoidably occasion the ruin of many thousands of British subjects. Certain it is, no government could act either in external or domestic affairs with proper influence, dignity, and despatch, if every letter and instruction relating to an unfinished negotiation should be exposed to the view of such a numerous assembly, composed of individuals actuated by motives in themselves diametrically opposite. The motion being rejected by the majority, the same gentleman moved again for an address, that his majesty would give directions for laying before the house copies of such memorials or representations as had been made, either to the king of Spain or to his ministers, since the treaty of Seville, relating to the depredations committed in Europe or America. A debate ensued; and, upon a division, the question passed in the negative.

GEORGE II. 1727-1760

The house, in a committee of supply, voted twelve thousand seamen for the service of the ensuing year, and the standing army was continued without reduction, though powerfully attacked by the whole strength of the opposition. The commons likewise ordered an address to his majesty, for the copies of several memorials since the treaty of Seville, touching the rights of Great Britain, or any infraction of treaties which had not been laid before them. These were accordingly submitted to the inspection of the house. By this time the convention itself was not only presented to the commons, but also published for the information of the people. Divers merchants, planters, and others trading to America, the cities of London and Bristol, the merchants of Liverpool, and owners of sundry ships which had been seized by the Spaniards, offered petitions against the convention, by which the subjects of Spain were so far from giving up their groundless and unjustifiable practice of visiting and searching British ships sailing to and from the British plantations, that they appeared to have claimed the power of doing it as a right; for they insisted that the differences which had arisen concerning it should be referred to plenipotentiaries, to be discussed by them without even agreeing to abstain from such visitation and search during the time that the discussion of this affair might last. They therefore prayed that they might have an opportunity of being heard, and allowed to represent the great importance of the British trade to and from the plantations in America; the clear and un disputable right which they had to enjoy it, without being stopped, visited, or searched by the Spaniards, on any pretence whatsoever; and the certain inevitable destruction of all the riches and strength derived to Great Britain from that trade, if a search of British ships sailing to and from their own plantations should be tolerated upon any pretext, or under any restrictions, or even if the freedom of this navigation should continue much longer in a state of uncertainty. These petitions were referred to the committee appointed to consider of the convention. Another remonstrance was likewise presented by the trustees for establishing the colony of Georgia, setting forth that the king of Spain claimed that colony as part of his territories; and that by the convention, the regulation of the limits of Carolina and Florida was referred to the determination of plenipotentiaries; so that the colony of Georgia, which undoubtedly belonged to the crown of Great Britain, was left in dispute, while the settlers remained in the most precarious and dangerous situation. It was moved that the merchants should be heard by their counsel; but the proposal was strenuously opposed by the ministry, and rejected upon a division.

This famous convention, concluded at the Pardo on the fourteenth day of January, imported, that within six weeks to be reckoned from the day on which the ratifications were exchanged, two ministers plenipotentiaries should meet at Madrid, to confer, and finally regulate the respective pretentions of the two crowns, with relation to the trade and navigation in America and Europe, and to the limits of Florida and Carolina, as well as concerning other points which remained likewise to be adjusted, according to the former treaties subsisting between the two nations: that the plenipotentiaries should finish their conferences within the space of eight months: that in the meantime no progress should be made in the fortifications of Florida and Carolina: that his catholic majesty should pay to the king of Great Britain, the sum of ninety-five thousand pounds, for a balance due to the crown and subjects of Great Britain, after deduction made of the demands of the crown and subjects of Spain: that this sum should be employed for the satisfaction, discharge, and payment of the demands of the British subjects upon the crown of Spain: that this reciprocal discharge, however, should not extend or relate to the accounts and differences which subsisted and were to be settled between the crown of Spain and the assiento company, nor to any particular or private contracts that might subsist between either of the two crowns, or their ministers, with the subjects of the other; or between the subjects of each nation respectively: that his catholic majesty should cause the sum of ninety-five thousand pounds to be paid at London within four mouths, to be reckoned from the day on which the ratifications were exchanged. Such was the substance of that convention, which alarmed and provoked the merchants and traders of Great Britain, excited the indignation of all those who retained any regard for the honour of their country, and raised a general cry against the minister who stood at the helm of administration.

The eyes of the whole kingdom were now turned upon the house of commons. The two contending parties summoned their whole force for the approaching dispute; on the day appointed for considering the convention, four hundred members had taken their seats by eight in the morning. In a committee of the whole house, certain West India merchants and planters were heard against the convention; so that this and the following day were employed in reading papers, and obtaining information. On the eighth clay of March, Mr. H. Walpole having launched out in the praise of that agreement, moved for an address of approbation to his majesty. He was seconded by Mr. Campbell of Pembrokeshire; and the debate began with extraordinary ardour. He who first distinguished himself in the lists was sir Thomas Sanderson, at that time treasurer to the prince of Wales, afterwards earl of Scarborough. All the officers and adherents of his royal highness had joined the opposition; and he himself on this occasion sat in the gallery, to hear the debate on such an important transaction. Sir Thomas Sanderson observed, that the Spaniards by the convention, instead of giving us reparation, had obliged us to give them a general release. They had not allowed the word satisfaction to be so much as once mentioned in the treaty. Even the Spanish pirate who had cut off the ear of captain Jenkins,260[See note 2 L at the end of this Vol.]and used the most insulting expression towards the person of the king—an expression which no British subject could decently repeat—an expression which no man that had a regard for his sovereign could ever forgive—even this fellow lived to enjoy the fruits of his rapine, and remained a living testimony of the cowardly tameness and mean submission of Great Britain; of the triumphant haughtiness and stubborn pride of Spain. Lord Gage, one of the most keen spirited and sarcastic orators in the house, stated in this manner the account of the satisfaction obtained from the court of Spain by the convention; the losses sustained by the Spanish depredations amounted to three hundred and forty thousand pounds; the commissary by a stroke of his pen reduced his demand to two hundred thousand pounds; then forty-five thousand were struck off for prompt payment; he next allotted sixty thousand pounds as the remaining part of a debt pretended to be due to Spain, for the destruction of her fleet by sir George Byng, though it appeared by the instructions on the table, that Spain had been already amply satisfied on that head; these deductions reduced the balance to ninety-five thousand pounds; but the king of Spain insisted upon the South-Sea company’s paying immediately the sum of sixty-eight thousand pounds, as a debt due to him on one head of accounts, though in other articles his catholic majesty was indebted to the company a million over and above the demand; the remainder to be paid by Spain did not exceed seven-and-twenty thousand pounds, from which she insisted upon deducting whatever she might have already given in satisfaction for any of the British ships that had been taken; and on being allowed the value of the St. Theresa, a Spanish ship which had been seized in the port of Dublin. Mr. W. Pitt, with an energy of argument and diction peculiar to himself, declaimed against the convention, as insecure, unsatisfactory, and dishonourable to Great Britain. He said the great national objection, the searching of British ships, was not admitted, indeed, in the preamble; but stood there as the reproach of the whole, as the strongest evidence of the fatal submission that followed; on the part of Spain, an usurpation, an inhuman tyranny claimed and exercised over the American seas: on the part of England, an undoubted right by treaties, and from God and nature, declared and asserted in the resolutions of parliament, were now referred to the discussion of plenipotentiaries, upon one and the same equal footing. This undoubted right was to be discussed and regulated; and if to regulate be to prescribe rules, as in all construction it is, that right was, by the express words of the convention, to be given up and sacrificed; for it must cease to be any thing from the moment it is submitted to limitation. Mr. Lyttelton, with equal force and fluency, answered the speech of Mr. H. Walpole. “After he had used many arguments to persuade us to peace,” said he, “to any peace, good or bad, by pointing out the dangers of a war, dangers I by no means allow to be such as he represents them, he crowned all those terrors with the name of the pretender. It would be the cause of the pretender. The pretender would come. Is the honourable gentleman sensible what this language imports? The people of England complain of the greatest wrongs and indignities; they complain of the interruption, the destruction of their trade; they think the peace has left them in a worse condition than before; and in answer to all these complaints, what are they told? Why, that their continuing to suffer all this, is the price they must pay to keep the king and his family on the throne of these realms. If this were true, it ought not to be owned; but it is far from truth; the very reverse is true. Nothing can weaken the family; nothing shake the establishment, but such measures as these, and such language as this.” He affirmed, that if the ministers had proceeded conformably to the intentions of parliament, they would either have acted with vigour, or have obtained a real security in an express acknowledgment of our right not to be searched as a preliminary,sine qua non, to our treating at all. Instead of this, they had referred it to plenipotentiaries. “Would you, sir,” said he, “submit to a reference, whether you may travel unmolested from your house in town to your house in the country? Your right is clear and undeniable, why would you have it discussed? but much less would you refer it, if two of your judges belonged to a gang which has often stopped and robbed you in your way thither before.” The ministers, in vindication of the convention, asserted, that the satisfaction granted by Spain was adequate to the injury received; that it was only the preliminary of a treaty which would remove all causes of complaint; that war was always expensive and detrimental to a trading nation, as well as uncertain in its events; that France and Spain would certainly join their forces in case of a rupture with Great Britain; that there was not one power in Europe upon which the English could depend for effectual assistance; and that war would favour the cause and designs of a popish pretender. The house, upon a division, agreed to the address; but when a motion was made for its being recommitted, the two parties renewed the engagement with redoubled eagerness and impetuosity. Sir William Wyndham and Mr. Pulteney poured all the thunder of their eloquence against the insolence of Spain, and the concessions of the British ministry. Sir Robert Walpole exerted all his fortitude and dexterity in defence of himself and his measures, and the question being put, the resolutions for the address were carried by a small majority.


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