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A J 2X /t-e** 1 2 3 4 5 6 ISEjIlpffi'-jlj J -i.il |;Rii;i iii m I Spiaill.u-ttin ;: , : : ., t;:.i.;j. ., iifijliiiiiiiljriiliii't,:,!' ki';:,,;: '. .'.:„,.;;:, m ri^ mm Pi- ■K>.:^ii:i' i ISII^J ^\ Y»-^ , THE CONDUCT . OF A ;■•■<;■-■,, ;';;'^_ »-3-''.. • R'- Hon. GENTLEMAN. ' In refigning the SEALS of his Office juftified, by Facts, And upon the Principles of the BRITISH CONSTITUTION. *■ > ■ II > By a MEMBER of PARLIAMENT. The SECOND EDITION. LONDON: ■ Printed for J. Newbery, at the Bible and Sun in St. PauPs Church-yard* Mdcc lxi. NJir 1. It I , .mA^i [ 6 ] commercial intcrcfts : and for that pur- pofc it was ncccflary to pufh a mari- time war. While that maritime war, however, was depending, our German allies might have been irretrievably crufhed, and therefore it was neceflary to afford them a temporary, though we could not an effectual, fupport; and en- gagements were accordingly entered in- to, tho' with fome expence to the nation, which happily anfwered that purpofe. His Pruflian majefty was enabled to make a ftand in the field, which effec- tually difconcerted the mighty projedts his enemies had formed for his deflruc- tion; the electorate of Hanover was delivered from the more than Egyptian bondage of the French; and a prince of great abilities was appointed to head his majefty's ele il I [ 15 ] plain by the French troops alTembling upon the Mofelle and Upper Rhine, in the autumn of the year 1755, that is about fix weeks before the treaty of Peterfburg was concluded between Great Britain and Ruffia. Thus that treaty became, in fad, a kind of ftalking-horfe which not only covered the real defigns of the court of Peterfburg againft his Pruffian majefty's dominions, but car- ried them into execution. This was an event neither fufpedted, nor forefeen by either of the parties, which at that time ran very high in the nation, in their divifions about the treaty of Pe- teriOburg: nor do I remember that ever it was confidered in that light, cither by the fpeakers within doors, or the writers without doors. It is foreign to my purpofe, becaufe it is not conneded with the condud of the right honour- able gentleman, to give any particular detail of the motives and views, that carried into execution the treaty of Ver- failles, which was figned the loth of May [ i6 ] May 1756, and the treaty of Peterfburg between the two emprefles, which are daily unfolding themfelves by their ef- fects. It is fufHcient to fay, that France out of refentment to England, availed herfelf of the implacability of the cm- prefs queen, towards his Pruflian maje- ily, and from that motive, her imperial majefly met the advances of France more than halfway. Both were feniible of the claims of the Ruflian court upon the fame monarch, and of their obflinacy like true bears in purfuing them : they therefore thought very reafonably, that it would be no difficult matter, to bring her into their views. As to the king of Poland, he was at that time, of little confideration; and the nation of Swe- den, they knew would follow of courfe, were it only for the antipathy fubiifting between tlic court, and the fenate. His Prufli in majefty's intelligence, as I have already hinied, was far better than our's; for it is extremely plain, that when we concluded with him the treaty I m s^ m [ '7 ] treaty of London in January 1756, we knew nothing of the connedioni that had been formed between the two em- prefles for a partition of his Pruflian majefty*s dominions, or for rendering inefFedtual the treaty of Drefden, by which Silefia was ceded to that mo- narch, nor did we fufpecS that the very troops whom we took into our pay by the new fubfidiary treaty, concluded with the court of Peterfburgin i y§s, and which were actually put in motion by our money, would be employed againft the very fyftem which they were hired to maintain; I mean the prefervation of the peace of Germany. Such was the ftate of affairs when the temper of the nation becoming in- tractable by our lofs of Minorca and the other difgraces we underwent, made it advifeable for his majefly to change his miniftry, and to give the feals of the fecretary of flatefhip to the right honourable gentleman who has lately refigned them. When he entered on D his [ i8 ] his office, the public had a very good opinion of the court of Peter{burg; and his late majefty was frequently heard to cxprefs himfclf as if he thought that her Czarifh majefty might be brought to reafonable terms, and in ftiort, that fhe would not be intradtable. This was the general opinion for a long time; and I am not fure, whether it does not jJrevail with fome people, who think that Britifh money can do any thing, to this day. Upon the commencement, therefore, of the prefent troubles of Ger- many, we fcarcely confidered her Czarifh majefty, as an objedt of importance in tlie war. The confequences, however, have proved that ftie is the only gainer by it, and that fhe has been, in fadt, the moft formidable enemy whom our great :llly had to encounter; for it is morally certain, that had it not been for the ir- ruptions of her troops into his Prufllan majefty's dominions, and the footing fhe obtained in the regal PrufTia, the pofTefiion of which in all appearance is gua- ['9 3 guarantied to her by the emprefs cfueen, one campaign would have decided the war in his favour. Notwithftanding the prodigious dif- ficulties which the olpflinacy of the court of Peter(burg threw in our way, the fyftem of condudt laid down by the right honourable gentletnan, was of fo firm a contexture, that we for feveral campaigns enabled his Pruffian majefty to preferve the appearances of fuperiority in the field. This, however, we could not have done, but by the powerful reinforcements of our national troops, which we fent to Germany, to a(5t againft the French, the only power we were at war with there. The ob-t tempering fo difagreeable a neceflity, it muft be owned, implied fome deviation from the principles, upon which the right honourable gentleman entered into the miniflry; but it is plain, for the reafons I have exhibited, that it was utterly impradicable for us to keep to the letter of a flri and with great difficulty in the year 1667, a treaty was concluded be- tween the Spaniards and us, relating to matters of commerce. The bounds I have prefcribed to thefe pages do not admit of my laying before the reader, the various cafes in which that treaty was not applicable to the American commerce of either nation, and which rendered it neceffary to form another treaty entirely applicable to that com^ merce, which was concluded in the year 1670, and is now lonly comm( known f' [ 25 ] known by the name of the American treaty. This treaty, amongft other ar- ticles, has one of uti pojjidetisy by which the fubjefts of both powers were to re- main in pofTeffion, in the territories, privileges, trade, and immunities they were in pofleflion of at that time ; and by the 8th article of the fame treaty, the fubjedls of neither power was to trade, or fail to the pofleffions of the other. This treaty is the balis of all that have been concluded between us and Spain, fince that time. Iteflablifhes no right in the Spaniards, to limit our navigation, more than we have to limit theirs. It gives them no fuperiority in the American commerce, feas or con- tinent; the terms being reciprocal to both nations. It is, however, extremely plain from the condudl of that court, that their government, having ferved their own purpofes in Europe, by the two treaties, never once confidered the Englifli, as being on the footing of an. equality with their fubjeds in America ; E and ■si I'L. ■I' M 1 ti' SI: I IP -* ii. n f 26 ] • and aflumed an arbitrary power of coit* flruding the fenfe of the article of uti poUidetisy to their own purpofes. For though it was undeniable, even by the Spaniards themfelves, that the Englifh were in poffefiion of the logwood trade, or as the former affected to call it, the eampeachy wood, for fome years before the treaty of 1667 ; though it is certain that in the intermediate time, between the conclufion of the treaty of 1667, and that of 1670, the Englifh thinking thcmfelves fafe under the former, had eftablilhed a regular logwood trade at iii-ft near to Cape Catoche, and after- wards near Suma Santa, adjacent to the Laguna de Terminos, and to Trift and Beef illands, in which they never were interrupted by the Spaniards j yet in the year 1672, the queen regent of Spain publilhed a royal cedula, ordering " that fuch as iliould make invafion, or trade without licence in the ports of the In- dies, ihould be proceeded againft, as pirates.'* Under the words of this cc- duJa, [ 27 ] dula, our logwood trade was held by the Spaniards to be illicit; and the vaft fleets of defencelefs merchantmen em- ployed in it were, wherever they could be taken by the Spaniards, condemned and confifcated. This was done by virtue of a mere quibble, upon the term uti poffidetis. The court of Madrid could not deny we had pofleffion of that trade, before the conclufion of the treaty of 1670 5 but they difputed the legality of that poffeffion. It happened fortunately for the English that that legality was ^s clearly evinced as the nature of the thing could admit of. It appeared that before the year 1 667, the Englifh had made no fettlements for carrying on thnt trade in any place where a Spaniard was vifi- ble J that they had exercifed all ads, by which the pofTeffion of an unoccu- pied country can be legally afcertained, viz, thofe of clearing the fields, cutting \lown timber, building houfes, and efta- blifhing fixed fettlements. The truth m m m m 'm; E2 ^s [ 28 ] is, that from that time to the acceflion of the family of Hanover to the throne of Great Britain, we had no opportu- nity of fettling this matter, either ami- cably or otherwife. The variances that arofe between our Charles the fecond and his parliaments, difabled his govern- ment from entering into any other fo- reign meafures, than what were pre- fcribed by the latter, who were too much employed in matters, which they thought of more immediate concern to themfelves and their pofterity, to enter or to think of entering into a war with Spain, upon that or any other account. The reign of James II, who underftood trade extremely well, was too fhort, and his views were too much employed other ways, for him to do any thing effeftual in the matter. The unvarying maxim - of king William's reign, was to keep well with Spain, and to cherifh her in all events, which perhaps is the ^reateft blot upon his memory. Witnefs the treatment, which the Scotch adven- turers :^l! NlK /•^ I 29 ] turers at Darien met with, in a cafe that with regard to the right of poffeffion, was fimilar to that of the Englifli logwood cutters. The reign of queen Anne was till more improper for our entering ei- ther into a war, or a negociation on that account: for in fadt, during the whole of it, we did not know whether Charles or Philip was king of Spain. We ac- knowledged Charles, but Spanifh Ame- rica acknowledged Philip. A treaty with Charles on that head, therefore would have been ridiculous ; and one with Philip was impradticable. No fooner, however, did the Spanifh monarchy after the treaty of Utrecht recover fome ftrength and confiftciicy with itfelf, than its government had re- courfe to its original maxims ; our log- wood trade upon the bay of Campeachy, was attacked and deftroyed ; our fliips feized or funk, and our fellow fubjeds murdered. Though I do not intend to enter too minutely into particulars, yet it is cer- tain that the two minifters under king George .ill m I' c 30 3 George the firft, I mean, the earls of Sunderland and Stanhope, who heft un- derftood our foreign interefts, were too fhort lived to do their country any fer- vice in the affair we now treat of. No one who reviews the hiilory of Europe can fay, that Sir Robert Walpole's ad- miniftration was of a complexion pro- per for vigorous meafures either in peace or war ; for vigour is equally neceffary in both flates. The great cafte of his po- litics tended towards peace, and had the fpirit of the nation fufFered him, he certainly would have made very confi- derable conceflions to Spain. But though the Spaniards had, in a manner, refufed to treat without making their exclufive right to the logwood trade in the bay of Campeachy, a preliminary to the negociation ; and though ibme of the Englifh minifters both before and during his adminiftration, had been fo remifs in aflerting our right of logwood cut- ting there, that the Spaniards confidered it as a claim we had given up, yet Sir Robert i'f Rv'S- [ 31 ] Robert in all the warm debates about peace and war in the year 1738, never would venture to call the right of the Englifli to it in queftion, though he favoured^ as much as he could, the Spa- niards in all their other claims. In the refolutions that were propofed that year previous to the Spanifh war, and which were prefentea to the houfe of com- mons by Mr. P. now earl of B. one of them was " That the fubjeds of Great Britain did hold and pofTefs lands in the province of Jucatan in America, antece- dent to, and at the time of the treaty of 1 670 J which treaty confirmed the right to each contrading party of fuch lands or places, as either did at that time hold and poflefs 5 and that the fubjedts of Great Britain then had, and have at all times Imce, claimed a right of cutting logwood in the bay of Campeachy, and enjoyed the fame without interruption, till of late years ; which right feems fur- ther particularly fecured to us, by the manner in which the firft article of the treaty ■■«i 'I'lil [ 32 ] treaty of commerce at Utretcht, confirms the treaty of 1 670, with thofe remarka- ble words, " Without prejudice to any liberty or power, which the fubjeds of Great Britain enjoyed, either through right, fufferance or indulgence.'* Sir Robert Walpole did not venture to difpute the truth of this refolution, though he knew it was inconliftenC with the intereft of the South-fea com- pany. He objected, however, to the re- folution, as being too peremptory and inflammatory, and propofed another fet more mild and general, and which, as he himfelf laid, left the fuDje!?! fj ;-H^ ^1 [ 52 3 he has lately refigned j but, I will venture to fay, that both his fovcreign's will, and the public voice, concurred in pro^ tnoting him to it, if it can be called a promotion, conlidering the degree of credit he flood in with the public before. All I would iniinuate by this is, that the right honourable gentleman was not blameable in accepting it ; but, as has been obferved on other occafions, the poft of honour, is generally the poft of danger ; perhaps, in this cafe, a ufelefs danger both to the poflcfTor and his country. If our conflitution favours the exiflence of a firfl minifler, it is ccr-. tainly in the perfon of the lord high chancellor.. But that great officer may adt, or not ad:, as he fees proper. While he keeps clear of corruption, he can be in no danger from the confequen- ces of his adminiflration ; nor doth the conflitutional part of his office extend one flraw breadth beyond the limits of the Britilh dominions 5 nor, indeed, through [ S3 1 through all of them. While he ads with-, in the fphere of his office, the bounds of equity, if equity can be faid to have bounds, confine, diredt, and fecure him. The fame obfervation holds good, with regard to all the other great officers of the crown. Laws, pradlice, and pre* cedents limit their duties. This is not the cafe, with regard to a fecretary of ftate. Other officers of :he crown, when they commence mi- nifters, may be confidered as volunteers in the fervice. A fecretary of ftate the moment he enters upon his poft, is an enlifted foldier. While he receives pay, he muft do his duty ; only with this difference, that he has the privilege of quitting the fervice when he pleafesj but, having quitted it, the parallel holds true J for he may be called to account, both for the omiffions and commiffions he was guilty of, while he was upon his pofl. Thi§ is one of the great acqui- fitions li t 54 ] fitions we have made by the revolution. While the minifter has the privilege of jtiring when he pleafes from public bu- iinefs, his country has the power, at the fame time, of overhauling his condud, if I may be allowed the expreflion. A minifter cannot now, as formerly, plead " I was over-ruled by the will of my mafter, I was out-voted at the board, I was brow-beaten in the cabinet." He has an eafy remedy for all thefe evils, which is comprehended in a fingle word, and that is, he may Resign. This is the only fafety any Biitifli miniiler has; and it is a refuge, that is always in his- power to command. I But a iecretary of ftate is under a greater neceffity than any ether minif- ter is, for taking flielter in this refuge , becaufe of the diredive power, which by the nature of his office, L is obliged to exercife. Every difpatch he ifTues from his office, is an evidence againft him; Mil [ 55 ] him ; and was, his mafter, and all his council, to concur in a meafure, which he difapproved of; he cannot be forced |to put the feals of his office to it. In fadt, though the lord chancellor is faid to be the keeper of the king's confci- ence in matters of law; the fecretary of ftate, is certainly, the counfellor of his judgment, in affairs of government. He has no rule for the exercife of his office, but an upright intention, and a found judgment. The matters on which he is confulted, are without the cogni- zance of law, and relate entirely to the prerogative, which is to be defined only by itfelf. This is a confideration, which renders the poft of a fecretary of ftate, more dangerous, and ticklifh, than that of any other miniiler in this country. This naturally leads me to the third prooofition I laid down, which is, " that the right honourable gentleman's refig- nation, does not difable him from offer- ing his opinion to his majefty, his par- liament, il n V i f 56 1 liament, and his council, upon the put'* lie meafures to be purfued, with as much freedom, and witli more weight than he could have had, had he retained the feals of his office." When a great difputable point is un- der agitation, it is almoi): impoffible to coniider a minider as a neutral perfon. It is always fuppofed, that he is intereAed on one lide or the other j and that he has a perfbnal concern, either in abetting or opposing, the debatable proportion. Thence it happens, that though his power, and credit, may very pofTibly carry through a meafure at the coun- cil board -, yet his opponents, be he ever fo well intentioned, never think they have fair play (hewn them, while he adts in his minifterial capacity. When he diverts himfelf of that, as the right honourable gentleman has done, the reft of his majefty's fervants coniider themfelves, as being upon the fame foot- ing < ! ■f? BM t 57 1 ing he is4 No influence of poft of power takes place, and he is at liberty to fupport his reafoning with arguments, that, in a m.inifteri?l capacily, would be highly improper for him to urge. It i» in this light, and in this light only, that I confider the right honourable gen- tleman's relignation. It is the fame thing in the cabinet, as in the field. We have, in our own times, known great generals contented to accept of a fub- ordinate place in the army, when the good of their mailer, and their country, was all they had in view ; and in that fubordinate capacity, they have been known to do more fervice to both, thari they could have done, had they flill re- tained their fupreme command* They who clamour the loudeft againfi the late redgnation, do it only becaufe they regret the right honourable gen- tleman religning the poft of a minifter, and the direction of affairs. But hsis any I event 1 1 1 58 } event happened, that fince his redgna- tion, ; ' v'es us room to fear he will no- longer adt as a counfellor to his majefty, Conftitutionally fpeaking, there is na difference between a counfellor and a minifter. Both are equally fervants to the crown, though, through the pre- pofTeflions of the public, the former capacity is attended with much lefs dan- ger» than the latter; and therefore the refignation, that is imputed to pride and refentment, ought to be attributed only to moderation and prudence. When I confider the letter publKhed under his name, j>s being genuine, I am at no lofs to account for his prudential motives. The tenderncfs we have exprefled for Spain, ever fmce the peace of Aix la Chapelle, has never fufFered us coolly to confult our own intereft, fo far as to obtain from her a definitive treaty, that could be a dired:ion for anv minifler in negociadng with that court. I am far from faying, that this flate of indecifioa as- [ 59 ] as to our intereft \yith Spain, has been entirely owing to us. It is well known, that that court never could be brought formally to renounce a fingle claim, (he €ver advanced; and though (he might DOW and then make a temporary con- ceflion, fhe has been always uniform in her tenor of ufurpation, haughtinefs, and injuftice. This is a moft uncom- fortable ftaic for a minifter, who is fup- pofed to have the diredlior. of foi ign afiklrs to live iuj efpecially, when that people's partiality to our enemies^ ex- ceed all bounds of neutrality. This partiality was fo grofs, that {he feems to confider her concerns, and thofe of France with us, as being the fame; though furely in their nature, nothing can be more diilant. Though a Spanifli ambaifador refided at London, the French agent was entrufled to ne- gociate for Spain; and upon what? Not upon any point, diat ever can concern France, but upon fome differences of I 2 an 11 '^i III [ 6o ] an old ftanding, which had not yet been finally adjufted, between the Spa- niards and the Britifh court. What thofe differences are, may readily be learned, when we reflecft, that it is now 89 years, fince the Spaniards attempted to deprive us of the logwood trade, in the bay of Honduras, though our right to it, was clear and indifputable. About the year 171 5, the fame attempt was renewed in the moft inhuman atro^ cious manner, in a time of perfect tran- quility; though by the very firft arti^ cle of treaty of commerce, between us and Spain, concluded the 28th of No- vember 171 3, the treaty of 1670 was ratified " without any prejudice, how- ever, (fays the words of the treaty) to any liberty, or power, which the fub- jeds of Great Britain enjoyed before, either through right, fufFerance, or in- dulgence.'' Notwithftanding this exprefs ftipulation, Spain, at this very time, has had the modefly to employ the French [ 6i ] French agent to tell us, that before the American treaty, we had no fuch right, fufFerance, or indulgence. Thus our differences are reduced to the fingle fadt of poffeflion, which has been as clearly proved in our favour, as the nature of the thing can admit of; and, indeed, more fully and unexceptionably, than could have been exped:ed, in a matter, attended with fuch difficulties. The right of no fearch or vifit upon the American feas, is another of thofe old differences, not finally adjufted be- tween our court, and that of Spain. Our minifter, perhaps, thought that they had been adjufted fo i .uch to our own fatisfadlion by the refolutions of both houfes of parliament, preceeding the laft declaration of war with Spain, and by that declaration itfelf, that he could not confiftendy with the honour, and intereft of his country, and his own fafety, admit that claim on the part of Spain, even to be debated, far Icfs (^ueflioned. ' -I b [ 62 I qucftioncd. That court, however, ftill goes on, as if all the fads lay unqueftion- ably in her favour, by committing the mofl notorious breaches of that neutra- lity, which (he ought to obfcrvc; and even that neutrality gives her protedtion. What is a minifter to do in this cafe ? He cannot treat, becaufe the other party is adtually intractable. At the fame time, he cannot (it at the helm of affairs, and fee fuch a£ts of partiality and injuflice acquiefced in, and multiplied. Only two methods, therefore, are left him ; the firfl and mofl elegible is, to refent them with quicknefs, fpirit and efficacy j and if that is not allowed, to Resign ; which the right honourable gentleman tells us, he has accordingly done. As to the mofl gracious and fponta- neous marks of his majefly's .approbation of his fervices, his accepting of them as he did, is, I think, more to his honour, however infamoufly it has been traduced, than [ 63 1 than all his other fcrvices. Had a mi- nifter,like him, of acknowledged popu- larity with many, even to idolatry itfelf, not only refigned his pod, but fpurncd at thofc marks of his majefty's approba- tion, what conftrudion would even the moft rational part of the public have put upon fuch a behaviour ? " Mr. P. they would have faid, fees what un- warrantable meafurcs are carr3dng on, he has too generous a fpirit to give them countenance, by receiving hufti-money •, it now behoves every free fubjedt of Great Britain to look to himfelf> or he certainly is undone.'* What muft the confeqticnce of this reafbning have been ^ but the throwing diftruft and contempt upon majefty itfelf, the reviving animo- fities, worfe than all that have been buried in the grave of party ;xrhaps, even to the obftruding of the fupplies. Thus the right honourable gentlemanN> miftaken patriotifm might have made him the inftrument of ruin to hi§ coun- itry. [ 64 ] try. They who reproach him now with making a bargain for foriaking the pub- lic, would have then been as mad in their praife, as they are unjuft in their detradion ; but the efFecfts would have been more melancholy. His own up- right intentions, and the cooler hours of the public, will foon place him above the reach of obloquy, and vindi- cate him from cenfure : but in the other cafe, his difagreeing with the reft of his majefty's fervants, as to one meafure, might have deftroyed all other mea- fures; and many fuch undoubtedly there are, in which they are unanimous. The condudl the right honourable gen- tleman has obferved, diftreffes no part of the adminiftrationj it gives the public no caufe of jealoufy j and is a ftrong evidence, that his majefty, and his go- vernment, are ftill to be benefited as much as ever by the right honourable gentleman's abilities and virtues. His manner of refigning, carries with it no marks Pm i 65 ] tnarks of that foumefs and difcontent'j that generally attended former refignd- tions, and were produdtive of heats and fadion. If the public is not grofsly milinformed, the right honourable gen- tleman has, at this very time, as great a ihare as ever of his majefty*s confidence^ and as great an influence in his coun- cils. When the city of London, after his relignation, was fc much alarm'd at it, that the lord mayor, aldermen, and common councilmen, in common coun- cil afTf^mbled, paid him a very extraor- dinary, but a very juft, compliment, ex- prefling their fenfe of his fervices, and their apprehenfions, as to the confe- quences of his relignation ; his anfwer Was the mod dutiful, with regard to his majefly, his government, his fleetsf and armies, that words could convey, and very different from that of a perfon who intended to withdraw his fervices from his mafter and his country Upon the whole, therefore, the right honourable gentleman, in his conduft K does li I 66 1 does, by no means, feem difpofed to thwart the meafures of the reft of hii majefly's fervahts. But if his plan was rendered the bafis of future meafures, he certainly was, in a"^ high degree refponfibl^ for them/ If the' differences at the c — -1 b ddid not arife fo thuch from the impropriety of the plaA or pfopofi*- tion, as front the manner and ftrength with which it was to be executed 5 -if he thought that what others propofcd would be ineffectual for carrying on the purpofes of his plan, and that a double forc6, and a more pererrtptcry manner were ' requifite, he certainljr adc(^. con- flitutionally, as well as rationally, in withdrawing from that combuftion which mufl necefTarily have brokeh out, had the whole proved unfuccefsful or difgraceful. Thus tar, however, the public has reafon to believe',' that not- withflanding the folemn, and indeed effedivcly repeated affarAnces, that Spain has given of her' intention, to live in friendiJiip with Great Britairf, even they who tt-':!! [ 67 ] who differ from the right honourable gentleman, as to the meafiires to be obfervcd towards that crown, think that an elucidation of its intentions is reafonable. Our miniJfler at Madrid, therefore, has been often inftruded to demand a peremptory explanation of that court's meaning and intentions. We have, as I have already hinted, been again and again told, that they are very friendly and very favourable towards us, and I make no doubt, the fame aflu- rances will be repeated and enforced, were we to make five hundred applica- tions on the fame head. What was the cafe before the laft Spanifh war? Don Jofeph de Patinho and Mr. Keene talked to one another like two fworn brothers ; we never mentioned a grie- vance that we fuffered, either in Europe or America, that was not inftantly re- dreffed, (I mean upon paper) to which redrefs, their fervants and governors paid no regard, for the reafon I have fo often mentioned, becaufe they knew K 2 their [ 68 1 ■ their minifters were refolved obflinately to adhere to their own fenfe of treaties^ and forms of proceedings ; fo that when the moft flagrant cafes came to be can- vafled in their courts, the British fubjedls were always fure to lofe their caufe. Some ft.dts were too notorious to be denied, and then inftrudtions were dif- patched to their governors in America ifor an immediate reftitution ; but inftead of complying, they always returned for anfwer, that their mailer's minifters and judges had been mLGnformed, and that they would fend a true ftate of the cafe. This juggling, between orders and remonftrances, infallibly confumed feven or eight months more, t''l the Britifti fufferers were obliged, cither to put up with their lofles, or to be ruined by their expenfive, unavailing attenden- ces at the court of Madrid, and its in- ferior juridicatories. Somewhat of the fame game on the part of Spain, feems to be going for- ward at this very time. We have heard of v"*W| [ 69 1 of magnificent proteftations. of friejid»- fhip, of orders difpatched to governors, and the like, but of no examples being made of the unparalleled infults and lofles, we have fufFered, by the breaches of neutralifyj which I have reafon to believe, are more flagrant, and nume*. rous, than the public is yet aware of,^ The time has been, when the fingle cafe of the Antigallican privateer, would have been a fufficient inducement for an Englifh government, to have done more againft Spain, than all that was propofed to be done by the right ho* honourable gentleman, and his noble brother-in-law. But the infradions of neutrality I have mentioned, and the fhuffling profeffiops of Spain (for every negotiation is fo, that is not attended with immed'itp effedts) are of the very \yorft. complexion by the feparate, and, as intended, fecret treaty, concluded between the courts of Madrid and. Yerfailles, on th 25th of Augult laft. Had the behaviour of Spain i: ?° r Spain towards us, been ever fo urcx< c^tionable, ytt tOnfidering we are at war with France, our minifbcr by ific pradtice of all v/ife govemme.^ts, hrA bright to demand from Spain, a light of that treaty, which being refr fed, mad give him very uneafy apprehen- £ons, It is faid, indeed, the Spanifli minlftry has declared, that it was only a treat) of alliance and friendfliipj with a coniirmation of certain family com- padls. This general anfwer, fpeaks the very character of the Spanifli govern- ment. Are not all treaties between prin- ces, treaties offfieodfliip and alliance ? We have, it is true, heard of fuch things, as offenfive and defenfive alliances ; but a man can fcarcely be fuch a novice in hiftory, in that of France efpecially, as to be ignorant, that when two powers underftand one another, every defenfive alliance may become an ofFenfive one ; this is done by either of the powers de- claring, that he has no other rr .is left ofde > ding himfelf, but by v waking his ',<:" [ 71 ] his ad^erfary.' As to the family com- pacts, thefe may extend as far as the two courts pleafe. I (hould not at all be furprized, at hearing, that after the acceflion of his prefent catholic majes- ty's father to the crown of Spain,- a fa- r 'ly compact was entered into between him, and his grandfather, Lewis the XlVth. of France, for preferving tlie in- divifibiiity of their mutual poflfeflions in America, and in the Eaft and Weft In- dies. I ' fay, it is extremely probable, that fuch a family compact actually was entered into; nor are we to be fur- prized, that France has never called upon his catholic majefty till now, for the performance of it. It is well known into what a defpondency of mind, his late catholic majefty was thrown by tne death of his queen, at tlxe time when our operations againft France, was car- ried pn in their full vigour upon the continent of America, and in the Weft Indies. The condition his catholic ma- jefty then was in (and from which he never .1 72 1 never recovered) difabled the Spanifh miniftry from entering into any fuch meafures, elpecially, as the whole body of their people, were ftrongly averfe to a war with Great Britain. Since the acceffion of his prefent catholic ma- jefty, the incredible efforts he has made to reftore his marine, which in his brother's life-time, had gonie to decay, is notorious all over Europe j they have been fuch, as ftrongly indicate, that they are intended more for offence than de- fence. But though he can command money, and though money can procure fhips, yet it cannot all at once, though it may in procefs of time, raife feamen ; and the right honourable gentleman very probably, might think, that his catho- lic majefty's prefent inability to man his navy, was the ilrongeft inducement, why we fhould oblige him to come to an explanation of his intentions one way or other. Here the flrefs of the argument, be- tween the right honourable gentleman's fr: nds, i 73 ] friends, and opponents without door's ought to lie. Whether he did, or did not, guide the meafures, that were con- certed in the cabinet, is immaterial to us. It is moft probable, that he had guided them for fome time, becaufe the words of his own letter feem to imply fo much. But that could not happen^ but with the good pleafure of his ma- jefty, and with the approbation, or at leaft, the acquiefcence of the other fer- vants of the crown j a mark of efteeni and confidence, repofed in him, that redounds highly to his ••'onour. The ridiculous cenfures, that have been thrown out againft the light honour- able gentleman, upon his accepting the unfolicited reward, which his majefty thinks his fervices had merited, have been already expofed in thefe pages. His enemies have been fo ingenious in their malice, as to conjure up a pa- rallel between him and the earl of Sun- derland, to 'yhom queen Anne offered r. nenfion of 3 oo/. a year, when he L loft . • 74 ] loft the ilalsj aiK^ whofc anrwer was, that " if he could not have the honour to Jerve his country, he would not plun- der it." Without difputing tlic aucheiitlcity of this very queftionable anecdote, let us confider how the parallel ftands. The earl of Sunderland was very intimately conneded both in blood, and intercft, with the duke of Marlborough, the earl of GodoljAin, and all the heads of the whig miniftry, who had firmly refolved to ftand by one another, and politically fpcaking, neither to take, nor to give quarter. The queen had more than once exprefled a fixed refolution to take the feals from the earl of Sun- derland. The dutchels of Marlborough begged " upon her knees," that he might keep them, but the party had talcen their meafures, and the feals were wi ung from the earl, in aanner, By the force of prerogative. vVhat was his lordfhip to do in this cale? Was he to break from' the meafures of* his friends and party [ IS ] party, who were yet far fuperior to his antagonifts in the houfe of lords, and at Icaft ballanced them in the houfe of commons ? Was that nobleman, opu- lent as he was in his fortune, and great in his connexions, to render himfelf the out-caft of one party, and the con- tempt of the other, by accepting a bribe to defert thofe very friends, by whom he forefaw, as adually afterwards hap- pened, that he muft return again into power, with full credit and honour. Can any parallel be drawn, between this cafe, and that of the right honour- able gendeman? The latter refigned thofe feals, which were violently torn from the former; the one was engaged with a ftrong numerous party; the party of the other was compofed of himfelf and his brother-in-law. The peer, when his poft was wrefted from him, looked upon his allegiance to his fovereign, as next to being diflblved, and never affifted at the council board, till he came again into pod: the commoner continues his • L 2 fer- t 76 ] ferviccs to the crown, and his country, with the fame ardour and cfft^, as ever. But the precaution, taken by the court of France, in publifliing the late negociations for peace, is a better vin- dication of the right honourable com- moner, than any that a private pen can advance. He, very honeftly in his letter, fays, that he refigned the feais, on a difference of opinion, with regard to the meafures to be employed againft Spain. This publication explains his meaning. France, by a very uncom- mon, but a moft infolent, ftrain of po- licy, found means to make his moft catholic majefty, a party againft us, and yet to continue the Spanifli mini- fter's refidence here. Had the latter made the demands contained in mon- fieur Buffy's memorial, a very fhort ^nfwer, no doubt, would have foU lowed, and fuch, as very probably, muft have forced Spain to have thrown 0^ her mafk, before ftie was prepared. No, r 77 ] " No, fays France, I will favc you that trouble ; my minifter Hiall take the affair upon him; it cannot be worfe with him than it is already, and his memorial, upon that head, will let the Englifli miniftry fee, that I am to be fupported by your catholic majefty." ' Accordingly, to work monfieur Bufly goes, and luggs into his memorial, on the part of Spain, three very modeft de- mands; Firft, " That fome prizes, made during the prefent war under the Spa- nifli flag, (hould be reftored." This is a ridiculous, as well as an unjuft de- mand; for if thofe prizes were con- demned, they muft have been fo by the maritime law, which is in common to all nations, and admits of neither appeal, nor redrefs. Had Spain any regard to that law, when (he ordered the refti- tution of the duke de Penthievre In- diaman, the Antigallicans prize, merely by a ftrain of defpotic authority ? The next modeft demand, made by Franee on the part of her moft catho- t 78 3 Kc ally, is, " That the Spani(h nation fhould have libery of fifhing on the banks of Newfoundland," Though I am far from pretending to inftrudt our miniftry, yet I cannot help thinking, that the beft anfwer to this demand, would have been a counter propolition ; viz, That the Britifh nation have li- berty of digging in the mines of Po- tofi. I will defy the moft fubtle logi- cian at Salamanca, to prove, that we have not as good a right to the one privilege, as Spain has to the other. The third demand is penned in the infernal fpirit of the inquifition, for it re-^ quires, " The deftrudtion of the Eng- lifh eftablifliments, formed on the Spa- nish territory in the bay of Honduras." I have in the courfe of the preceeding pages, fhewn how unjuft fuch a de- mand is. All I fhall add here, is an obfervation or two, to flrengthen the remarks, I have already made upon the Spanjih method of negociating. There i ! « •'msf^^^^^^f^i f«hf|§M:i^flfl:: ^^*WH!|(Sii(iSIMf>" -siKSBWp"' i I r I 79 1 There is, I believe, fcarcely a man of fenfc in England, abfurd enough to think, that monlieur Buffy would have made thofe modcft demands with- out being authorized in £o doing, by his mod catholic majcfty. Notwith- flanding this, the Spanifh mniftry, as we have been told by authority, ne- ver were better, or fo well, inclined to Jive in friendfhip with us, as they are at prefent. We have been likewife told, though not by Gazette, but by no mean, authority, that though they, perhaps, fiigbtfy mentioned fome con- cerns of their mafter, to monfieur Bufly, that he might Jligkly mention them to the Engli(h miniftry, yet he never was commiffioned to treat, far lefs to infiil, upon them. Thofe aflurances had great weight with the public, and would have had greater, had they not received the lye, by the above-mentioned publication of the negociations. Can any one, who reads Bufly's memorial, believe, that he in- tended 7!S^mwm^!^mst [ 8° ] tchded ought by it, but to fay to Great Britain, " Take care what you do; if you comply not with my propofals, the Spaniards are ready to force you, into much harder terms; perhaps if you comply with my mafter, he may prevail with his moft catholic majefty^ to mitigate themj and refled upon the glorious guaranty, that is offered you." What was the right honourable gen- tleman, in his charader of iirft ipini- Her, to do in this cafe. Mr. Wall and Don, fuch or fuch a onCy in a little chit-chat with our ambafTador, fay, that they know nothing of the matter; that thofe French are a very forward^ bufy, medling, people; and that they are very forry for what has happened. But have they yet formally difavowta this open infult upon the Britifh go- vernment; have they, by authority, difowned what Buffy demanded? Or fuppofe they had done both, was the Britifh minifter to take their bare words, and writing, unlefs they had formally re- ^ii^!iim»mm>ii>i&^^^^'- tmiMi'k:%^mmf If i e > 1 [ 83 ] renounced all the pretenfions, upon which their abfurd claims are founded? Even that was not fufficient, unlefs they had, adually and immediately punifhed fuch of their governors and magiftrates, who, under the cloak of thofe wicked demands, have impri- foned, robbed, nay murdered Britifh fubjedsi and unlefs they had laid alide thofe armaments, that apparently are intended to fupport their claims. But through the whole of this me- morial there runs a ftrain, that proves Bufly to have thought that he had not to do with men of common un- derftanding. He tells them ; " My ma- iler is willing to make peace with you j but he is very fure, the fame peace muft be very foon broken, unlefs you take for a guarantee his mojR: catholic majefty, who has, by far much ftronger, and more important claims upon you than my mafter has." Is there common fenfe in this language ? Are we to pay for a guaranty, which, M (fetting [ 84 ] (fetting afide the guaranty of Great Britain to the houfe of Auftria) like all other guaranties for thefe five hun- dred years paft, may not be wo/th live farthings ; five times more than all theobjedls of that guaranty is worth. As the reader may perceive that I confine myfelf entirely to the vindica- tion of the right honourable gentle- man's refignation, on account of our differences with Spain, it now remains to confider, upon what footing we Hood with that court when the nego- tiations for peace with France were broken off. The right honourable gentleman, with a fpirit becoming an Englifli minifter, and doing honour to the Britifh name, refented the daring in- fult offered to his mailer's dignity, by Spain attempting to introduce herfelf into the negotiation. France, fenfible that flie had not now the fame tame- nefs to deal with as formerly, found flie had gone too far. The Britifli mini- fter f I [ 8I ] fter had flung back to Bufly her in- fulting memori?\ and likewife another relating to the king of Pruflia, that implied a ftain upon Britifh honour ? and there was not a foreign court in Europe, which was acquainted with the negociation, that did not condemn her : BufTy therefore had orders not to mention a lingle word farther of his private memorial of the 15th of July 1 76 1, and a profound filence, with re- gard to the Spa nidi demands, was ob- ferved by him during his after re* iidence in London. But did this mend the matter ? Or did the Spanifh mini- fter by his explanatory (or whatever it may be called) note, which he gave *n upon that fubjedl to the Britifh mi - nifter, by his catholic majefty's order, difavow thofe monftrous claims ? No, they ftand at this very time in as full eifed: as ever. To what purpofe then, even by the confeflion of France herfelf, fhoald we have concluded a feparate peace with her, fince it was liable the M 2 very .tipi*?MJt. T ^mf^^-f' :f^4;: '■ "4 • ('v ■-rti&iiii!, % fv'Sif: [ 82 ] ' very next hour to be broken," by our differences with Spain ? Anions are the^ beft commentaries upon words. The pro- ceedings of the Spanifli nation againll the fubjed:s of Great Britain, plainly {how, that thofe claims were not cooked to ferve an occafionj but that they^ — manent alta mente repojla — They are trcafured up in remembrance, and will bfi^ttempted to be made good the very firft opportunity that fhall'beprefented. . How therefore, upon the whole, could a Britifh firft minifter coniiftently, with the regard he owed to his prince, his country, and himfelf, retain his power, and yet fuffer fuch important differences to remain undecided ? How could he look upon a powe**, to be Jonger neutral, after (!bmmitting the inoft fcandalous violations, upon the liberties ^nd properties of the fubjeds of Great Britain? Or whf;re is the minifter of fenfe, and fpirit, who would not have adcd under the like circum-f fiances, the fame part, that he ha? done f F J N J S' ■ ,-> ■^\ .■,-^. ' : \ 'i'^- '■■u i 'm^'-''-' ..■■•■.: ; ■'• { ■/■. .fJJ r hi;';*; M If SHEtF BINDER lAyiOllDlll08.(M. SytwuM, N. y. " -i^'F^M I l* WJif '"^'^tt'^'' U \ 1 < *IU' <'!»• •: I ' f^t » '4 ■A'. 1 / / I :.j. 'f