A    SHORT
ACCOUNT
Of the late
Application to Parliament
Made   by   the
Merchants   of London
Upon the NEGLECT  of their
TRADE:
WITH
The Substance of the EVIDENCE
Thereupon ;
As fum'd up by Mr. GLOVE R.
THE   THIRD   EDITION.
LONDON:
Printed for T. Cooper, at the Globe inPaUr-noJier-Roiv.
M. DCC. XLII.
[Price   One  Shillinc]
A   SHORT
ACC OU NT
Of    the    late
Application to Parliament
Made by the
MERCHANTS  of LONDON, &c.
TH E merchants of London, finding the negleft of their trade, during the prefent war with Spain, and the loffes fuftained from the enemy to increafe every day, had a general meeting upon the occafion ; where a Committee was appointed to confider of a proper method to lay their complaints before the Parliament. A petition was accordingly prepared by this Committee, and, being unanimoufly approved of at a fecond general meeting, was prefented to the Houfe of Commons on Wednefday the A 2                            20th
(4) 20th of January, by the Right Honourable Sir Robert Godschal,  the Lord Mayor: A copy of which is as follows.
To the Honourable the Commons of Great Britain in Parliament affembled:
The  Humble   Petition   of the Sub-fcribing Merchants and 'Traders of the City of London, in Behalf of themfehes, and the Trade of thefe Kingdoms:
She wet h,
THAT your Petitioners with the utmoft Concern have found themfelves under the Neceffity of reprefenting to this Honourable Houfe, That the Navigation and Commerce of thefe Kingdoms have been continually expofed to the growing Infolence of the Spanijh Privateers, from the Commencement of this juft and neceflary War; that during its whole Progrefs and Continuance, notwithftanding the repeated Applications of the fuffering Merchants for Protection and Redreis, their LoiTes and Misfortunes have confiderably encreafed of late, to the Impo-verifhing of many of his Majefty's Subje&s, the great Detriment of Trade in general, the Diminution of his Majefty's Revenue, and the Dishonour of the Nation.
That upwards of 300 Ships and Veflels have been already taken, the greateft Part of them in, or near the Britijh Channel and Soundings,
and
(5)
and carried into St. Sebajlian^ and other adjacent Ports; by which Numbers of his Majefty's moft ufeful Subjects have been reduced to Want and Imprifonment, or compelled by in-> human Treatment, and defpairing of a Cartel for the Exchange of Prifoners, have inlifted in the Service of Spain.
That your Petitioners humbly apprehend, that moil: of thefe Misfortunes might have been prevented, confidering the Weaknefs of our Enemy at Sea, had a few of his Majefty's Ships of War been properly ftationed, and the Commanders kept ftri&ly to their Duty; a Negledt, which appears the more furprifing, as there was a Precedent of an A�t of Parliament in 1707, exprefsly made for thofe Pur-pofes? intitled An A5i for the better fecuring the Trade of this Kmgdom by Cruizers and Convoys.
That by means of this Negledt, and the many valuable Prizes, the Spaniards havemade, they have been encouraged and enabled to fit out fuch Numbers of Privateers from St. Se-bajlian and Bilbao y exclusive of other Ports, as to render the Navigation to and from thefe Kingdoms, every day more and more dangerous ; and that the prefent great and unexpected Power of the Enemy in the Mediterranean gives your Petitioners reafon to apprehend, that their Trade is become extremely precarious in thofe Parts.
That there have been various Negle&s and Delays in the Appointment, and fending out
of
(6)
of Convoys, and that out of thofe few, which have been granted, fome of the Commanders have paid fo little regard to the Ships under their Care, that they have deferted them at Sea, and left them as a Prey to the Enemy.
That your Petitioners humbly beg Leave further to repreient, that the Navigation to and fromfeveral of his Majefty's Colonies has often been much expofed to the Enemy, and that many Ships have been taken in the American Seas by their Privateers; principally owing, as your Petitioners humbly prefume, to a want of a fufficient Number of Ships, or of proper Care in fome of his Majefty's Commanders Rationed in thofe Parts.
That many Ships have been brought into danger by the arbitrary impreffing of their ableft Hands out of the homeward bound Ships, before they had made the Land, or arrived to a place of fafety, and out of the outward bound Ships in the Profecution of their Voyages.
That your Petitioners humbly beg leave to allure this Honourable Houfe, that they do not complain of fuch Captures, as are the unavoidable Confequence of a War, but of fuch only, as have been occafioned by a want of due care for the protection of Trade, which has during the whole War laboured under an apparent Negledt and Difregard ; nor ihall they ever be induced, either by their paft Mi�-fortunes, or future Apprehenfions, fo far to forget their Duty to his Majefty, and the Le-4                                           giflature,
( 7 )
giflature, as once to repine or murmur at the prefent War with Spain, which his Majefty, and thefe Kingdoms, are fo neceffarily engaged in, and upon the vigorous Profecution of which the Intereft of the Britijh Trade, and the Freedom of Navigation fo evidently depend.
Tour Petitioners therefore tnofl humbly pray, that this Honourable Houfe will be pleafed to take the PremiJJes into their Confederation, that fucb Provifon may be made for the future ProteSlion of the "Trade and Navigation of thefe Kingdoms, as this Honourable Houfe, in its great Wifdom, Jhall think fit, and that your Petitioners may be heard by them-felves,   or Council thereupon.
And your Petitioners, as in Duty bound, fhall ever pray, Sec.
The merchants being appointed to be heard before a committee of the whole Houfe, on the 27th of January, the fubjed: matter of the petition was then opei^'d after the following manner by Mr. Glover, one of the petitioning merchants.
I Appear, Sir, in the behalf, and by the appointment of the merchants of London, and am one of their body; who have prefent-ed to this honourable houfe an humble petition, complaining of many and heavy loffes
fuftained
(8)
fuftainM by the trade of thefe kingdoms from the privateers of Spain, occafion'd by various negtedts and mifcondud, as fet forth in the feveral allegations of the petition, in fupport of which their evidence is now ready for an examination before this committee.
But firft, Sir, I am commiffion'd by the merchants to give you an humble and fmcere afturance, that they do not this day appear at your bar, moved by a fpirit of general difcon-tent, or prompted by the intemperate zeal of faction ; it was not, Sir, a wilKngnefs to complain, a propenfity to cenfure and cavil, which have been the motives to your petitioners for this their folemn appeal to parliament for relief; nor have they been deluded by a rafh inconfiderate levity to prefer indifcriminate and frivolous complaints of their lofles, without allowing for that degree of infecurity, which muft be the fate of trade, during a ftate of hoftility between nation and nation. Two years and upwards have they already with patience acquiefced under a negledt, and indifference to their fufferings, frequently the only effeds of their juft applications to thofe, from whom they had reafon to hope for countenance and redrefs.
The true foundation of your petitioners complain^ from whence I now begin, to which all our evidence will tend, and where I {hall recur to conclude at laft, refls upon one fingle point: The merchants apprehend, that they have been excluded  from  that  fhare of protection, to
which
(   9   )
Which they are entitled as members of the community; that they have been deprived of that care, which is due from the public and its officers to every individual, more efpecially in times of war and danger, for the fecurity of their property, and the defence of their per-fons: this is the ground of your petitioners complaint; and it is this, which hath brought to your bar the united reprefentations from the merchants of London, Briftol, Leverpool, Glafcow, and other the principal places of trade in Great Britain; a body always considerable, ever accuflomed to the favour and condefcending regard of this great affembly, but at this time, a peculiar objedt of your indulgence and attention, as they appear before you diftinguifti'd by uncommon hardfhips, loaded with grievances, and fuppliants for your prote&ion.
Sir, I fhall now proceed to explain the nature and order of the evidence, which we (hall produce in fupport of the feveral fads alledg'd in the petition.
The particulars contain'd in the preamble are founded on the proof of the fubfequent fa<fls aliedg'd ; and as the various applications of the fuffering merchants for protection and redrefs are interwoven with every other part of the petition, I (hall not call any evidence to that head feparately, that I may avoid, as much as poffible, giving the committee the trouble of examining any perfon more than once.
B
Thaj
( to)
That part of the petition, which fets forth the number of {hips and veffels taken by the enemy, principally in or near the Britifh channel and foundings, and carried into the moil neighbouring ports of Spain, we fhall make good by the evidence of matters of fhips and paffengers fo taken, by letters from prifoners, and laftly, by the officers of affurance in this city, who themfelves have collected the feveral captures made by the Spaniards during  this war.    We fhall make ufe of the fame mafters of fhips, paffengers,  and  prifoners letters to prove the encouragement, the enemy has received from our remiffnefs, the number of privateers belonging to St. Sebaftian and Bilbao, the inhuman   treatment  of our captives in Spain, and what numbers have come to the knowledge of our witnefles of Englifh, who have enlifted in the Spanifh fervice by fea and land, compelled by ill ufage, and defpairing of a cartel for the exchange of prifoners. The fame evidence will ferve to fhew, that the Spaniards themfelves have been conftantly defirous of a cartel, that the intendant of the marine at St. Sebaftian was always  vefted with a power to difcharge our prifoners, and by other particular evidence we will fet forth, what fteps have been taken by private perfons here naturally tending to a  general exchange of Prifoners,. what has been their fuccefs,  and what encouragement has been given to thefe their ufe-ful endeavours.
Upon
(II)
Upon that part of the petition, which relates to the proper ftationing of cruifers,I (hall beg leave to refer the honourable members of the committee to the confideration of a map deliver'd at your door. I fhall then humbly defire, that fome claufes may be read of an ad: of parliament pafs'd in 1707, entitled An aSi for the better Jeciiring the trade of thefe kingdoms by cruizers and convoys \ and we fhall conclude on this head with a few obfervations on a lift of cruizers, and other papers laid by the proper officers before this honourable houfe.
The delays a^d negle&s in the appointing, and fending out convoys, and of the commanders employ'd in that fervice will be made good by feveral confiderable merchants in this city.
We fhall likewife produce the moft eminent traders to Virginia and Carolina to fup^ port that part of our petition, which mentions the neglect of trade in thofe parts.
And by the evidence of other merchants, maflers of (hips, authentic letters, declarations and protefts we fhall produce fuch inftances of arbitrary impreffing, as fhall appear to be the moft unprecedented deviations from the methods pra&ifed in all times, accompanied with the moft open defiance, and uncommon violation of the law.
As to that part of the petition, which ex-preffes the merchants fenfe of the prefent war, f                          B?                          I
(   12   )
I beg leave to referye myfelf, till I come to conclude.
Several witnefles were then called, and various letters and papers read in fupport of the allegations in the petition. After an hearing of fix days at different times the whole evidence was fum'd up by the fame Gen-? tleman, who had open'd, in the following manner :
Sir,
TH E examination of the evidence is now completed, which hath been produced in lupport of the petition prefented to this Honourable Houfe by the merchants of London, followed by the principal places of trade in Great Britain, and patronized by the Lord Mayor, Aldermen, and Commons of thi� great metropolis.
Sir, We have been treated with an indulgence, and heard with an attention equal to the importance of our caufe j and nothing now remains but to entreat your further favour, while the evidence is colleded together, the obfervations made, which the fubjecl fhall naturally fuggeft, and our firft propofition evinced, That the merchants of Great Britain have been excluded from that fhare of protedion, to which they are entitled as members of the community, and deprived of that care, which is due from the pubiick and its officers to every
individual,
( ?3 )
Individual, more efpecially in times of war and ganger, for the fecurity of their property, and the defence of their perfons; to which by the iexprefs command of the merchants I am required to fubjoin, that they cannot apprehend the ill treatment of them, and the Britilh trade ito have been the efFed: of mere inattention or accident, but pf one uniform and continued defign.
As many gentlemen within the bar have made obfervatipns throughout the whole courfe pf our evidence, I fhall have the lefs occafion to be minute and circumstantial.    Upon that head of the petition, which relates to the number of captures, it will be fufficient to remind you, that one allegation, which fets forth the greater part of three hundred ftiips to have been parried into the mod adjacent ports of Spain, was made good   by Capt. Robert   White 5 who declared, that one hundred and feventy three veilels had been brought into St. Seba~ ilian and Port Paflage during the eighteen ' jnonths of his captivity in Spain.    Capt. Beft was the twenty fourth prize taken by the Bit-paya privateer, Capt. Douglas was the fiftieth brought to St. Sebaftian at the time/ he was parried in.  We were particularly obliged to the gentlemen of the Royal Exchange Affurance, who ordered their fecretary to attend feveral days, and who proved four and forty captures: I wi�h the fame could be faid of the London Aflurance, who upon the application of the merchants refufed to give them the leaft af-1                         fiftance.
( '4 )
fiftance. Mr. Gay and Mr, Child, who keep private offices of afturance, in effed: prove the whole lift of three hundred and thirty (even veffels who being by their profeffion completely qualified to judge, affirmed the lift to be corredt, and agreeable to the beft intelligence: That one of them had paid at his fingle office twenty two thoufand pounds for lofTes fuftain-ed by the Spaniards, and the other near twelve thoufand ; and that befides the two publick offices of afturance there were near forty private ones in this city. And to this I muft add, we produced no one mafter of (hips, or letter from prifoners, that did not prove many more captures befides their own. I will beg leave to obferve, that the number of captures is confiderably augmented towards the latter part of the lift, the greater half having been made between the months of March or April, and November or December,  174.1.
It is reafonable to expedt, that the lift of eleven hundred and forty fix fail taken by the French in the late war with that nation during the courfe of fome years, and delivered in by the merchants in 1707, will be brought into comparifon with ours; in which cafe, I hope the juft deductions will be made, that no lofTes fpecified in that lift may be compared with ours, but what are of a fimilar nature: Ours are inftances of captures by fingle privateers; and the greater half, which was taken between the Months I juft mentioned, conlifts of prizes made by the privateers of two towns
(I*)
in the province of Bifcay, From the lift of 1707 muft be deduced thofe multitudes of merchantmen fwept away at once together with their convoys by whole fquadrons of French men of war, or which were taken by fleets of privateers, or by privateers in conjunction with, and under the protedioo of their men of war. A difference fhould like-wife be made between a war on the Britifh trade by the united power of France and Spain, and the prefent, which in effe<ft has been carried on by the two towns of St. Se-baftian and Bilbao. It (hould further be considered, that the commerce of Great Britain throughout the face of the ocean was an object of prey to the French -, whereas the prefent enemy is excluded by his fituation from molefting in the leaft degree ail our navigation to Flanders, Holland, Germany, Poland, Sweden, Denmark, Norway, Ruffia, and the reft of the Baltic; not to fpeak of our fiftieries, and that immenfe nurfe of feamen, the coaft-ing trade from London to Newcaftle, and up to Scotland, which was liable to perpetual interruptions in the late War: And be it re-member'd, that at that time we were engaged with an enemy, who contended for the dominion of the fea again ft the combin'd forces of England and Holland, After thefe con-fiderations, thefe juft deduftions and allowances let the comparifon be made, and it muft appear to every impartial judge, that the neglect of trade in the  prefent War far for-
( 16 )
paffes the iame mifcondudt, which was the fubjedt of complaint in the laft.
This may be further enforced by another argument drawn from a fail afferted by many of our evidence, and indifputably true, the alteration of condudt in the city of Bilbao, which never before this war was known to cruize upon the Englifh trade. This lingular moderation you have heard imputed to an high point of honour in the traders of that city, or perhaps it might be owing to a tendernefs for old correfpondents, with whom they had once been connected by the ties of reciprocal in-tereft, and by a long intercourfe improved with time and alternate good offices into real afFe&ion and friendfhip : but whatever be the caufe, the fad: is incontestable, that the people of Bilbao conftantly abftain'd from violence againft the Englifh, and never confider'd their trade as an object of fpoil before this war. To what new caufe then, Sir, muft be afcribed their prefent change ? Whence does it proceed, that their breaking fo old a cuftom, and fuppreffing their ancient benevolence to the Englifh fhould have been referved for the peculiar difgrace of thefe times ? Sir, it is owing to the prefent unparallerd negleftof the Engliih trade, a negled:, which the merchants of Bilbao perceived to be fo much greater than in all preceeding wars, as rendered the allurements of gain too powerful for friendship, or the moft romantic honour to withstand any longer ; they faw the Britifh feas open to the
infults
d7)
infults of St. Sebaftian, and that the wealth of England was every day fuffer'd to be convey'd into that inconfiderable place ; they faw the immenfe advantage to be equally within their reach, and yielded to the irrefiftible temptation of fharing with their neighbours in the eafy fpoils of the unprotected Englifh. It is therefore to our own mifmanagement, that we may juftly impute every lofs fuftain'd from the privateers of Bilbao, which hath now join'd its forces with thofe of St. Sebaftian, and together with that place, encourag'd by our remiflhefs and ftrengthen'd by our fpoils, makes up the formidable number of privateers, which the mafters of fhips themfelves fometime prifo-ners in Spain have made appear at your bar.
Another inftance of negligence, if it merit fo gentle an appellation, I have next to produce, not by way of comparifon, for there is fcarce an example to match it in any civilized nation; a wild and unpolifti'd people, ftrangers to government and the laws of humanity might have been guilty of fuch a con-dud:, and flood excufed from their ignorance and barbarifm : as little, Sir, as this charafter may relate to us, we have been guilty of a negleft fo unprecedented, fo repugnant to the practice of nations, as nothing can probably account for, but an inflexible refolution to bring upon trade every imaginable difficulty from every quarter : I mean, Sir, that when the enemy had taken fuch effectual meafures, as anfwer'd the effential purpofes of a cartel,
C                           when.
( i8)
when they had demonftrated this their good inclination by the molt fubftantial proofs, there prevailed notwithftanding in England inch a fpirit of inhumanity, as fuffer'd thofe numbers of our countrymen made prifoners by the chance of war to lie expofed to want and mifery, to infolence and cruelty in the dungeons of Spain. Nay by refufing to make good the moft reafonable engagements, though approved and confirm'd by the fupreme powers in the kingdom, fiich was this implacable fpirit, that it laid even thofe, who taken in the merchant's fervice, had obtain'd their freedom, under the cruel neceflity of furren-dring themfelves up to the enemy again> of leaving their families and their country, and of making the hard exchange of freedom for captivity a fecond time: by which means the good intentions of the enemy, fo beneficial to both kingdoms, were entirely defeated, merely that a new diftrefs might be inflidted on trade,, though purchafed with the lives and liberties of our bed fubjeds. Sir, it appears by our evidence, that the Spaniards had made fo wife a difpofition to facilitate an exchange of prifoners, as nothing remain'd for us but to follow their example, which muft in the end have produc'd a cartel in form, if after all it had been neceflary; that every other fiep, which was taken under the appearance of fettling a cartel by the aid and interpofition of France, was wandring wide from the mark directly in   view,  was a vain  confumption   of
lime ;
( i9)
time, a delay, which could proceed from no other motives but either a total inattention, or an exprefs defign of promoting in e-very fhape that known, that original, that favourite plan of making the merchants un-eafy with the war.
That there was always a great officer in Bifcay, little lefs than viceroy in the province, nephew to Don Sebaftian de la Quadra, and ftyPd the Intendant of the Marine \ that this officer was conftantly vefted with a plenary power to difcharge the Englifh from captivity without any immediate intercourfe with Madrid 5 and that heexercis'd this authority without controul or reprimand, even while the council of war and court of admiralty were differing about the form of a cartel at Madrid, are fafts, which the feveral mafters of fhips, fometime prifoners in Spain, have efiablifh'd at your bar.
That far the greater part of the Englifh prifoners were under the jurifdidion, and at the difpofal of this officer, and muft have been fo of neceffity during the whole war, is a fad:, which will appear undeniable upon the leaft reflexion. Mod of the Englifh were taksh in merchantmen near, or in the channel and foundings, and carried into Port PafTage, St. Sebaftian, or Bilbao, and confequently muft have come under the command of this intendant of the marine in that province; and by the memorial prefented by David Crokat to the Lords Juftices, that disregarded memorial
C 2                       figu'd
(20)
lign'd by feveral land-officers, among others, who had been brought from St. Auguftin, and by the evidence of Crokat himfelf, who came with other prifoners from the Havannah, it appears, that St. Sebaftian is a general rendezvous, whither the Englifh are convey'd from the moft diftant parts of the world: confe-quently that far the greatcft number of our prifoners muft of neceffity have been under the jurifdiftion of this officer, I hope will be admitted as another eftabliflVd faft.
That he fhew'd the utmoft willingnefs to promote an exchange of prifoners, that he made ule of his power to difmifs them with readinefs and alacrity, I appeal to all our evidence in general, who fpolce to the cartel ; and firft to Mr. Bell, the commiffioner of the fick and wounded, whom you heard declare, that at the commencement of the war our people were treated with humanity by the Spaniards, were fet at liberty in confiderable numbers, and even receiv'd money to bear the charge of their journey through that country ; I appeal, Sir, to the feveral captains fo often referred to already, who all agreed in various inftances of Englifh captives difcharg'd by the intendant, fome on their bare obligation to procure the difmiffion of an equal number of Spaniards from England, or to furrender them-felves again prifoners of war 5 others, to the number of thirty-feven at one time, upon three more, Forbes, Phillips, and Warner, becoming pledges for the releafe of even  a lefs number
of
(21)
of Spaniards, who were made prifoners on board the Stamboline, when that fhip was retaken; and that the intendant at length de-lifted from exerting his authority in favour of the Englifh merely from the delays and breach of faith on our lide.
Thus, Sir, it is evident, that the efFed;, the fubftance of a cartel perpetually refided in this officer at St. Sebaftian,  though the form might be matter of controverfy at Madrid ; and nothing remain'd for us but to follow his example, to difmifs the Spaniards as fail as their intendant difcharg'd the Englifh ;  a very obvious method,   and   even   recommended,   at  leaft ftrongly implied by the addrefs of this Houfc to his Majefty Feb. the 9th, 1740. upon the fubjedt of a cartel.    And had we, Sir, rekas'd the Spaniards without delay, and with as little hefitation, as they difcharg'd the Englifh, not only  the  prifoners in Bifcay, who, I hope, have been demonftrated to be far the greater part of the whole number taken in this war, would have procur'd their liberty; but, as St. Sebaftian would naturally have been confider'd in Spain as the channel   for an  exchange  of prifoners, it is reafonable to fuppofe, that prifoners in other provinces would have been conducted thither, which would have coft the Spaniards no more trouble, than, when irritated with  our breach of faith, they caufed the Englifh to march from thence to remoter places.
Thus,
(22  )
Thus, Sir, it appears, that the efFed of a cartel was always within our reach at St. Se-baflian ; an obvious method, which'at leaft might have been put in pra�tice, till a cartel were eftablifhed in form, and it is more than probable, that the form, if found to be necef-fary at all, would have naturally follow'd the fubflance in confequence of fo conftant an intercourfe with the Spaniards in exchanging prifoners dire&ly with the intendant, by which means the trouble might have been fpar'd of going round by the way of Paris to procure the cartel from Madrid; a delay con liderably exceeding two years already, and attended in the mean time with the lofs of thoufands of his Majefty's moil ufeful Subje&s.
Having now fet forth the meafures taken by the enemy for an exchange of prifoners, it will not be improper to (hew, what returns were made from England 5 the whole amount of which has been trifling and delay, difcou-raging, difappointing, and provoking the enemy, checking and difcoijntenancing the good offices of private perfons, who had actually formed a correfpondence to promote the exchange of prifoners with a very confiderable perfon at St. Sebaftian, father-in-law to this very intendant, and one of whofe letters intimating the warmeft zeal to forward fo good a work, was read by Mr. John da Cofla the firfl day he appear'd at your bar.
The
(   23   )_
The firft inftance of tardinefs on the fide of England was deferring to fend away the Spaniards taken on board the Stamboline, till the end of January, as you were inform'd by Mr. Bell himfelf; whereas the thirty-feven Englifti were difmiffed from St. Sebaftian in the month of April preceding, a delay on our part of near ten months.
The next inftance is equally flagrant; you heard from Mr. Maurice Barrow, agent for Capt. Maxey, fet at liberty with two more from St. Sebaftian in April, how many months he was foliciting the admiralty and fecretary's-office in vain, to procure the releafe of an equal number of Spaniards; that on hinting his fears to the fecretary's-office of being fummon'd to the bar of this houfe upon the affair, he at laffc obtain'd, what had coft him eight months fruitlefs folicitation before, an order for their difcharge, which was tranfmitted to him on the very day, the merchants petition was pre-fen ted to this houfe : a demonftration, that there was always a power to difcharge them, and that the inclination only was wanting.
I fhall trouble you, Sir, but with one inftance more, the moft extraordinary in this whole proceeding. Auftin and Carter, two captains of merchant-men, were fet at liberty by the intendant of the marine at St. Sebaftian, who requir'd in return, two brothers nam'd Scarza, captain and lieutenant of a Spanifh privateer. It muft be left with the committee to determine, whether this demand wasunreafo*.
jj-,hle
( 24)
liable in the intendant, and whether two captains of Englilh merchant-men are not an equivalent for two Spanifh fifhermen, who had taken courage from our negledts to aflume the title of captain and lieutenant, and had been enabled by our plunder to ftep from a fifhing-barkinto a privateer. Mr. DaCofta undertook to folicit the releafe of thefe two Spaniards, and finding fome perfons of very great influence to be in the country at that time, was forced to trouble the Lords Juftices with his application, who were no fooner apprifed of the whole tranfa&ion, but with the utmoft readi-nefs and difpatch, they commanded the lords of the admiralty to iffue out an order for the releafe of thefe two Scarzas to the commiffioners of fick and wounded. Mr. Da Cofta being informed of this proceeding immediately fent advice of the order for enlarging the two Scarzas to his correfpondent at St.Sebaftian,who wasnolefs than father-in-law to the intendant. Not many days after he receives a vifit from our commifiary of the Spanifh prifoners at Portfmouth, that is, Sir, from the perfon, whofe place depends on detaining them in England. He makes a propofal to Da Cofta, to adulterate the order from the admiralty, and inftead of one of the Scarzas to infert another perfon ; this Mr. Da Cofta refufed, and in a few hours after was informed, that the order was countermanded. Under the utmoft fur-prize at the news he haftens to the admiralty, the iecretaryVoffi.ee, and the regency, and 3                                             could
(25)
could not learn, that any one of thofe offices knew of this countermanding order. Soon after he receives a fecond vifit from the com-miflary, who renews his former propofal, and ftrengthens it with an offer of fifty pounds, this was likewife reje&edj and Mr. Da Cofta declared at your bar, that had he confented to fo irregular a proceeding as altering the admiralty's order, and accepted of this bribe, he verily believ'd, the ufe intended to be made of both was to have difcredited him fo far both here and in Spain, as to render ineffectual any further attempts, he might make to facilitate the exchange of prifoners.
To unravel the fecrets of this myfterious traniadiion, and difcover by whofe authority the order for releafmg the two Scarzas was countermanded, Mr. Bell, commiffioner of the lick and wounded, was fummon'd to your bar; who took the whole upon himfelf, afferting, that when he received the order for their discharge, he immediately reprefented againft them, as being daring privateers, which he grounded particularly on the defence they made with great guns and fmall arms, as he had been informed by the commander of the Rupert, who took them; but this he abfolutely recanted the fecond time he appeared at your bar, being afked when he laft faw the commander of the Rupert.
This particular therefore being remov'd, all other ground of his reprefentation refted on a meer fpeculative, political point* whether
P                         in
(z6)
in general it h proper to exchange the officers of privateers for captains of merchant-men. And can it be fuppofed, that the lords juftices, and the lords of the admiralty, could want the affiftance and advice of Mr. Bell to judge properly of fuch a point as this ? Had this been the real objection,   it mull be prefumed, that it would have occurr'd to them, before they caufed the order to be iffued out.    Another material circumftance muft not be omitted j   though Mr. Bell afferts, that  he reprefented againft thefe two Spaniards, as foon as he received the order for their rejeafe, he acknowledges at the fame time, that he immediately fent for Mr. DaCofta, who came with Auftin and Carter, told him, they were the two captains releafed againft the two Scarzas, and with great difficulty difluaded Mr. Bell from fending the order down to Portfmouth by that night's poft; and that Day was prov'd on all fides by Mr. Bell, Mr. Magnus the Merchant, Mr. Da Cofta, Captain Auftin, and Carter to be Friday the eighteenth of September.   Sir, I am not going to take up your time with dates, and exhauft your patience  once more; there is but one, which I muft beg leave to infift on.    The three la ft mentioned perfons, DaCofta, Auftin and Carter   pofitively  affirmed,   that  on  the Thurfday following, that is, the twenty fourth of September, they were   again at Mr. Bell's office, who told them,  the order was then actually gone down; which was confirmed by a letter from a perfon at Portfmouth,   who
had
(27)
had been wrote to by that very Friday's poft to provide a veffel to convey the prifoners from thence, and whofe letter dated the 25th was produced at your bar, mentioning the order to be come down for the releafe of the two Scarzas by name: and notwithstanding this, the fecond order countermanding their discharge is dated, or antedated, Sir, as of the very eighteenth, the Friday, when Mr. Bell was fo preffing to fend down the firft by that night's port for their immediate difcharge. Upon the whole, Sir, it is fcarce poffible, that the date of the countermanding order can be genuine; and let me humbly defire you, Sir, to recollect, who were the perfons particularly mention'd at your bar to have been out of town, when the firft order of releafe was fo eafily obtain'd, and who was faid to be returned from the country, before that order was really countermanded. Upon the whole, �ir, it is fubmitted to you, whether there is notfomething extremely dark and myfterious contained in this tranfadion : Sir, is it poffible to imagine, that a perfon in Mr. Bell's fitua-tion from any motives of his own, or on a meer fpeculative, political point, whether it is lit to exchange officers of privateers for captains of merchant-ihips, would have taken upon himfelf to reprefent againft an order of the admiralty ifiued out with the folemnity of a command from the Supreme powers in the kingdom ? Sir, he undoubtedly adted by di~ re&ionj a direction which could proceed from D 2                          that
(  28   )
that quarter only, where it is notorious, that favourite plan took birth of making the mer-chants by every means poffible weary of the war; and this will appear the more evident, as we are now come to that part of the argument, which will evince what real diftrefs muft fall upon trade from the fingle circum-ftanceof embaraffing the exchange of prifoners. It has already been obferved, that moil of our captives in Spain are failors taken in the merchants fervice. It is the failor, who is the life of trade ; without him the ikill of the merchant, the beauty and cheapnefs of the manufacture, and the quantity of fhipping are ufeiefs and vain. In the beft-condudted war a fcarcity of feamen is unavoidable ; therefore the keeping our mafters of fhips, and fuch numbers of mariners in the enemy's power during this inevitable fcarcity of hands, was throwing a new difficulty on trade, perhaps with all its confequences the greateft poffible, and at once accounts for fo unufual a procee-dur� : for while his Majefty employs fo many hands for the neceffities of the government, fo far as this fcheme of keeping the remainder in the enemies power can be extended, trade in proportion muft be put to a fland. Let gentlemen compute, how many feamen will be requisite to navigate three hundred and thirty icven veffels j they will amount to feve-ral thoufands; the greateft part of which are in all probability dead with hardship, or en-lifted in the Spanifh fervice, and perhaps for
c                        ever
(  29  )
ever loft to this kingdom \ a lofs more fatal more national, than the value of all thofc fhips and cargoes, which have founded fo high in our complaints. Thefe lofles, merely as fuch, though fome merchants may have been undone yet independent of a national con-fideration are the leaft part of our complaints, which merits your attention. Nay the Britifh Senate had condefcended beneath its dignity in devoting fix days of its time to the bare misfortunes or even ruin of a few individuals. A merchant finking in the great current of trade occafions no more alteration to the whole, than the dropping of a pebble through a deep ftream ; while it is paffing to the bottom, it difunites for a moment, and disorders a few particles of the whole mafs, which initantaneoufly recovers its former ftate, and proceeds on its courfe to all appearance uninterrupted and unchanged as before. The lofs of (hips and their ladings, however valuable, are eafily repair'd : thefe are the materials of trade, and in a great commercial nation are always in readinefs 5 the manufacturer foon furnifties new cargoes, and frefh vcflels are as quickly provided to receive them. But the lofs of the feaman is not fo immediately repair'd j that gallant and ufeful fub-jedt is not render'd the fupport of trade, the bulwark of his country, and the terror of her enemies, but by length of time and experience. Let gentlemen once more compute how many thoufands of prifoners muft have
been
(3�) been taken by the enemy during this war; to this let them add the melancholy conii-deration, that thefe are Britifh failors, and the greateft part of them for want of a cartel, either through neglect or defign, for ever loft to this country. How hard is the merchant's lot! it is he, and his fervice, which forms the fea-man; it is he, who furnifhes him to the public; fifty thoufand and upwards of thefe brave, thefe ufeful men, has the trade fupplied during this war. Sir, I will readily allow, that there are many objects of greater concern to the ftate, than the bare defence of trade; the equipping of fleets, the undertaking important expeditions, the attempting confiderable conquefts, and the contending for vi&ory are all of an higher and more national import; yetfurely, Sir, they,who fo largely contribute to thefe great purpofes; they, who furnifb fo large a proportion of the public defence and fupport, are entitled to fome fmall (hare of the public protection: at leaft, Sir, they cannot deferve the mortification of feeing their iailors lie neglefted in captivity, or taking arms againft them, and affifting the enemy: nor can the Britifh fea-men deferve to perifh thus miferably in jail, loft to their affli&ed and ftarving families, or be reduced by defpair to the hard neceffity of ferving the Spaniard againft their old mailers, and againft their country. And, that there is fcarce a privateer fitted out from Spain, but has fome Englifli prifoners on board, more or lefs, and that this has been the effed of
in-
( 3i )
inhuman treatment, and defpair of their .free* dom, has been proved by the feveral mafters of fhips fo often referred to already*
But the barbarous ufage of the Englifh may by fome be entirely imputed to the character and temper of the Spaniards; that they are a cruel enemy, none will difpute;   but, Sir, I muft beg your permiffion to mention two particulars, which will fet forth what keennefs has been fhewn on our fide, to make the molt of this favage difpofition, and to increafe and fharpen their native cruelty againft thofe unhappy feamen, who were taken in the fervice �f trade.    When the intendant of the marine at St. Sebaftian was exafperated with our delays and breach of faith,, and refund   to dif-mifs any more of the Englifh, the armadores, m perfons interefled in the privateers, finding the number of prifoners increafing daily upon their hands, whom by their  laws they were obliged to maintain at their own charge, and finding the intendant would fet no  more at liberty, difcourag'd and provok'd  at our con-dud:, which plainly fhew'd an averfion to exchange prifoners with them, they were at lafl: under a neceffity of petitioning their king to take the Englifh into his own cuftody; which occafion'd their removal higher up the country to Pampelona and Saragoffa, where, their hard ufage increafing, fuch numbers were compelled to enter into the fervice of Spain.    This mif-fortune may juftly and folely be attributed to our own trifling, pur wilful delays and breach of faith.                                             Another
( 32 ) ^ Another caufe of their infolent behaviour to our captives is of an  higher nature ;  but what neceflarily appears  from   our evidence, and manifeflly  proceeds from  our own management.    Every nation, which in time of war renders itfejf formidable by the vigour of its meafures, will fecure a good treatment for its ciptive fubjed:s, in proportion as it exerts its ftrength, and puts itfelf into a condition of returnir.;? arid amply revenging any  ill ufage orcrue>v \ One .enemy may practife.  You have heard from fever al mailers of fliips, who had pail a considerable time at St, Sebaflian, how eafy they eileem the attempt  of laying that town in afhes, or at leaft of making its haiv hour ufelefs, only  by   finking  two old   fly-boats in the entrance, which is narrow and no more th^n  four fathom and a  half deep at low water: You heard from the fame evidence, what continual alarms the Spaniards were under from the appearance of Captain Ambrofe off that coail   with   a iingle fifty-gun ihipj that they haled their privateers on fhore, unrigs ged them, forbore putting to fea for fix weeks, and that the firil, which went out after his departure, could procure but little more than half her compliment of men ;   that one night the accidental firing  of guns from one of their own fhips in diflrefs put the governour, the garifon, and the whole town into a general conflernation, apprehending deflru&ion to be at haod with the navy of England.    They feared, Sir, what wc could never hope $ nor
Will
(33) will I prefume to aflert, how fir it was evef practicable to have taken St. Sebaftian ; but thus much may be fafely affirm'd, it was always in our power to have increafed the dread, thefe people feem fo naturally to have conceiv'd of us; they might have feen foi* once the Englifh flag flying before their harbour; the bare attempt againft them, the burning a few of their houfes might have made fo much advantage of their fears, as to have fecur'd a more humane treatment of ouf prifbners. On the contrary, when they wer� convincd of our moderation and forbearance, which for two years together had avoided to bring upon them thofe calamities, they dreaded fomuch, when they perceiv'd their own fears to be as vain as the Englifh hopes, that any attempt would be made upon St Sebaftian, their unchaftis'd infolence increas'd, as their apprehenfions diminifh'd; and they found them-felves at leifure, and in quiet to wanton uncon-trol'd in the mifery of their Britifh captives.
Sir, upon that head of our petition relating to the proper ftations of cruifers, it will be fufficient to remind the Committee of the many mafters of fhips, who all concurred in declaring, that in their feveral voyages they had tiever feen one Englifh man of war upon the chiife, though fome had pafs'd twice, fotne fix times, fome eight, fome ten timefs during this war in and out of the channel, fome detaiiVd for many days in the  chop?   of it,
E                     while
( 34 )
while the wind was fair to bring the men of war out, and the weather moderate; as David Crokat, for inftance, who, coming from the Havannah in a Spanith veffel, lay .beating fix-teen days together, and Captain Allen twenty-eight.    In fine, they  all  decked, they  had feen no Englifh man  of war upon the cruife. I fhall therefore proceed to trouble the Committee with fome obfervations on the lifts of cruifers laid  before the houfe  by the proper officers; the firft commencing at the declaration of war, and continued to the end of December   1740:  though I fhall  not take up much of your time upon this head but rather offer my obfervations, as matter of form, fince the papers were admitted in evidence; efpecially   as   there are  fo  many gentlemen within the bar more converfant with naval affairs, and better qualified than myfelf, who will be able to convince you, that the ftrong-eft evidence of negledt is contain'd in the feveral papers deliver'd in from the admiralty. I will firft beg leave to obferve, that it was eight months from the declaration of war, as appears by this lift, before  any fhip was fta-tion'd off Cape Clare in Ireland, which you heard from the feveral  fea-faring perfons  at your bar to be confider'd as a very important ftation.    Sir, the Panther  is order'd on  the 14th of June 1740 to cruife thirty  or forty leagues to the weftward of Scilly, and fome-times off Cape Clare; that is, Sir, as often as the commander could find leifure out of the
twenty-
( 35 )
twenty-feven days, he continued on that cruife. Sir, it was nine months from the declaration of war before any fhip was ftation'd off St. Sebaftian* The next particular, which merits your notice in this lift of cruifers, is the extraordinary contrivance to fwell the number by inferring with great form vdlels, which could be employed on no other fervice but im-preffing ; fuch as were ftation'd off Leith in Scotland, Whitehaven in Cumberland, Lever-pool in Lancafhire, and Yarmouth in Norfolk,,! places where no privateer is ever feen. Not, Sir, that we complain of impreffing in general, as fhall be more diftinftly explained, when I come to that head; yet, Sir, to rank thefc preffing veffels in the fame lift with thofe,wHo are fuppos d to be employ'd againft the enemy's privateers for the defence of trade, is furely a very unjuftijiable artifice to fwell the number of cruifers. There is a fecond lift, Sir, or rather a continuation of this to December 1741. Permit me, Sir, to befpeak your attention to the paper, I have in my hand, and be pleafed to carry the nature of it in your thoughts; it is a lift of fhips employed to cruife againft privateers. I am now come to that part, where a powerful fleet, commanded by two admirals, fuppos'd to be fent out on the important concerns of three kingdoms, whofe expectations were fix'd on fome fudden and great event, is yet without jfhame fet down in this lift as cruifers againft the privateers of a Spanifh fifhirig-town.    Sir, if
E 2                          this
(36) this Heet, ep#.fifU.ng of no lefs than the vi&ory^ the royal fpvereign, and other the principal {hips in the Britifh navy, were really defiin'd to annoy privateers, and for that Tingle purpofe, as appeal by this paper, was trufted to fea in the month of JsfQvember, � feafon when fhips of that fize were' fcarce ever ken upon the ocean fince the being of the royal navy; and if this is to b'e coniiderd as an inftance of concern for trade, there is not a merchant, who will dare to make the leaft fhadow of an acknowledgement for fuch a proceedure, unlefs he means to forfeit the chara&er of an Englifh-man. , Letters have been produe'd in our evidence, intimating the contempt, which our jnfolent neighbours, the French, have thrown on the coud^t of Great Britain. Sir, m what jnanner would this expedition have been treated, in what light confi&er<l by all the nations of Europe, a? vvell as by England, Scotland, and Ireland, could ^t have been forefeen at the time, when our firii and fecond-rate men of war were fitted out with fo pompous a preparation, and put to fea with fuch vaft ex-pedations, that they would have been given in 2t laft to the Houfe of Commons under the title and pretence of cruifers ? I fay, Sir, pretence pf cruifers, for while they were at lea the enemy made the greateft havock with our trade ; the lofles fuftain'd in the months of September, Odober and November were the Srfl foundation of pur petition to this Houfe $ and had the number of hands, requifite to man
one
(37)
one firft-rate fhip of war been diftributed a-mong fmaller veflels, and thofe properly fta-tion'd, the merchants would have obtain'd all the fecurity, they could defire, and would never have troubled this houfe with the leaft complaint.
Sir, it further appears by this lift, that the admiralty reckon every {hip to be out on a cruife from the time, {he is firft fent  upon the  ftation,  till  {he is ordered  off to fome other fervice, without allowing for their frequently quitting their ftation in the interval, and retiring into port.   What truft is to be re* pofedin this lift maybe difcovered by the conduct of the Kingfton, which fail'd from Plymouth the 26th of February, got fafetoCorke the 14th of March, fet fail from thence the 30th, and arrived fafe at Li{bon the 14th of April; and this {hip notwithftanding is fet down in due form as a cruifer for fix weeks in the Soundings.    The fecond time the Kingfton was out, it appears by the commander's own letter to Mr. Corbet of the 24th of September laft, that he received cruifing orders fromCaptain Ambrofe on the 4th of that month, left his ftation the 7th, and foon after arrived fafc to Li{bon once more.    But as we have been deprived of the evidence, we expedted, from the Captain's journals, which notwithftanding the order of this houfe have not been laid upon the table,   it is impoflible to difcover,  what other fallacies may lie conceaPd in this lift; though from this tardinefs, I hope, I may
(38 \
fairly take the advantage of obferving, that the keeping back the Captain's journals, and other material papers, fo long after they were called for, feems to be a tacit admiffion, that they contain fdme evidence, which is unwilling to fee the day, and that our accufations are juft, and well founded. Upon the whole it is evident from the face of this lift, that there have fcarce been more than two fhips at a time cruifing in the Soundings, and they often but for a few days, frequently no more than one fhip, and fometimes none at all: and that the admiralty may not have an excufe by pleading want of knowledge or intelligence, permit me, Sir, to remind you of their own letter in anfwer to the Duke of Newcaftle, dated the 21ft of May; where it appears, they were perfectly acquainted with the fair way, the known traft of the homeward-bound trade, which they acknowledge to be the latitude, where the Spanifh privateers generally cruife; and at the fame time frankly confefs to his Grace, that there had been but one fhip ilationed there fincc March, which returning the beginning of that inftant May, they had caufed another to fail from Plymouth on the ninth to take theplace of the former. Whence it is plain, that there muft have been an interval of fome days between the departure of the firft from her ftation, and the arrival of the laft to fucceed her, that this known trad: was left without any cruifer at all, and con-fequently   the   feven   privateers,   which  the
Duke
(39)
Duke of Neweaftle took care to inform the board, were watching to intercept the homeward-bound trade, were for fome time left at large to make what havoc they pleafed. The letter concludes with acknowledging the various applications almoft daily made from every branch of trade for protection, but that fhips were really wanting for the many different fervices requir'd. By fome letters, we have produced in evidence, foreigners are faid to enquire with aftonifhment, what has been done with the multitude of fhips, we have had in commiffion ; this letter from the admiralty would perfuade, that there are more fervices than fhips: but what, and how effe&ual to the public thefe fervices have proved, that fo few fhips have been fpared for the protedion of trade, is a confideration for this Houfe,and not for me. And I think myfelf bound in. juftice further to declare on this head, that though we have involved the commanders of men of war in the fame accufation with their fuperiors, it is more than probable, that thofe gentlemen may have much to offer in their own juftification for quitting their ftations, and frequently going into port. Who can tell, what condition the fhips were in, when they were firft ordered out, whether their very proportions and dimenfions might not be unfit to abide hard weather; whether their compliments of men might not have been fhort or fickly, and their pro-vifions  of  every  kind  either defe&ive,   or
ab-
( 40 )
abfblutely bad. We, Sir, could only follow the lights, we had; but it refts with this Houfe to condefcend and take the clue from our hands, to make the ftri&eft enquiry, to diftinguifh the innocent from the guilty, trace every grievance to its true author, and fee, that none fufifer, either in their character, or other-wife, but thofe, who are truely guilty.
Sir, I now proceed to the head of convoys; upon which I will firft remind you of that moft diftindt and material evidence delivered by Mr. Wilkinfon, who prov'd, that the Portugal fleet had been detain'd for near twelve months, partly for want of protections, partly by the delay of convoys, and laftly by being tack'd to a large fleet of men of war, a cir-cumftance, which might oceafion the lofs of two months upon the whole. Some will be ready to afcribe this laft delay to contrary winds : Sir, it is well known, the winds were not perpetually contrary at that time, and there were many opportunities for the Portugal fleet and its convoy to have got clear of the channel, had they not been made part of an expedition: and it had been more politic, more beneficial for every intereft in the kingdom, to have ftopt even an important expedition by lending men out of his Majefty's fhips for the ufe of the Portugal fleet, rather than by detaining it fo long to have given our rivals, the French, fuch iftimenfe advantages againftuss who, finding the Portuguefe to be
( 4* ) m great Want of Englifh bayes took the 6p^ portunity of this fatal delay  to flip into the market with   a  manufacture   of their own, which the Portuguefe were oblig'd  to make ufe of inftead of our's.  Ignorance, a wretched excufe at all tifries^ cannot be pleaded here $ the merchants of London in their applications For protections and convoys fet forth their ap~ prehenfions of an event fo pernicious to this country, in cafe the woollen marittfafhires of France fhould take place in Portugal: And that this was the fatal confequence  of our  own hegleCt, is manifeft by the *reprefentation of the fa&ory at Lisbon to Conful Compton, and by  his-  letter   to  the Duke  of Ncwcaftte; which further fefs forth, that the English were in danger   of lofing  the benefit of  paffing through their hands the feveral   balances of trade due from the Portuguefe to foreign nations; that during the interval, when no convoy was fufTer'd to   depart from Lisbon for fix months together,  in order, as was reported, to chaftize the'infolence of the merchants, the Dutch immediately failed   the favourable occafion of fending two men of war to becomes the carriers of gold  from Lisbon*    That our captains � of men of war abfcnted themfeives, or avoided fo good a perquifite through'their own inclination, and  without pofitive directions, is a moft improbable   fuppofition ;   e-fpecially  as one commander has fhewn  fiieh particular fondnefi for a Lisbon voyage, as to
F                            bay*
* Fide Appendix,
( 42   )
have twice quitted his flation in one year, and put the public to the expence of four pounds a man per month, while his �hip lay unem-ploy'd a confiderable time at Lisbon with no other view than to procure a freight of gold from thence to England.
Laftly   we  have fhewn, that not only  a pacquet from Lisbon   with   fifteen  thoufand pounds on board has been fuffer'd to be taken, of which there is but one inftance in the late French war, and that this capture was made after notice previouily given by the merchants, that ftronger vefTels ought to be employ'd in that fervice; but to complete our misfortunes, the French have now fet up a pacquet of their own between Havre-de�Grace and Lisbon,and are confequently in the way of becoming confiderable fharers with the Englifh in tranfport-ing gold from Portugal.    But what avail'd re-prefentations and warnings of thefe impending and national  calamities  to thofe, who have fhewn by their actions, that they intended no lefs fhould be the efFedt of their management � The  merchants were  now  moil completely diftrefs'd ; the favourite plan was now brought to perfection j and the French,  thofe faithful and difinterefled friends to Great Britain, were at the fame time oblig'd in a peculiar manner by being admitted co-partners with us in our Portugal trade 5   a reward,  they well deferv'd for their early and diligent care  in  procuring a cartel in our behalf from the obftinate Spaniard.    But it refls with this- Houfe not only
to
(43 )
to redre/s the ftarving manufadurer, and the injured merchant, but to enquire, what benefit the landed intereft will receive from this conduct, and what has been or can be ob-tain'd from France as an equivalent for our woollen manufacture.
The other parts of Mr. Wilkinfon's evidence relate to the behaviour of a commander, who was accus'd by the Portugal merchants of taking twenty-fevm fhips under his convoy at Lisbon, and not bringing one with him to England j the fame gentleman likewife men-tion'd a Angular circumftance of the mafter of a fhip, who having been taken under convoy by another commander and-deferred at fea in twenty-four hours, and being brought up to the admiralty by feveral merchants in order to complain and make his affidavit, was there refused to be heard or admitted.
The delay of the Eaft-India convoy muft have made a due impreflion on the Committee j it will be fufficient, if I juft remind yon, that the convoy did not foil till four months after proper application made by the company, and notice given, what time the men of war ought to reach St. Helena j by which negted the India fleet fail'd from thence without convoy, and above a million of Englifh property was left expes'd to the enemy.
Mr.Crokat,the Carolina merchant, inform'd
you, that the commander of the Tartar man
of war undertook to  fee four  (hips fafe from
that coaft 5 but within   the ufual limits, or a
F 2                      convoy
( 44 )
convoy  from   thence  the enemy's privateers
found means  to   make prize  of  three;   by
which misfortune two thoufand two hundred
barrels of rice were convey'd to the ftarving
inhabitants of St. Auguilin,
Before I conclude this  head, I muft beg
your pcrmiilion to trouble the Committee with
a fhort narration* When the merchants firft met
to deliberate on their  petition to this Houfe,
and digeft the various heads of complaint, the
name of Captain Ambrofe was dropt in  the
affembly, and a general applaufe enfued ; every
little reflection and cenfure fubfided ; and for
themtofhewjthat nofuturegoodconduftihould
attone foronepaft error, was univerfally confi-
der'd as a proceedure too fiern for our times,
and adifcouragement to that little virtue, which,
imbitter'd as we were with ill ufage, we then
thought exifted in this country.    And no fmali
facrifice was made to this gentleman, for out
of his cafe the merchants could have framed a
very ftrong article of complaint againft his fu-
periours; but in tendemefs to him this facrifice
was made.    It is true, Sir, he has been guilty
of prote&ing the devoted trade of his country.
The merchants hope, Sir, that the fame mo-
lives, which prevailed  on them to forget his
former miftake, was net the caufe*��� But I
find,   I am going too far, and will   therefore
beg leave to conclude this head,  with humbly
alluring the Committee, that there  is not  a
trader in London, who did not feel incxprefiiblc
-i                                �
concern, as focm as it  was known, that this
long-
( 45 ) long-forgotten  error had again been reviv'd, gnd notwithftanding the intention and care of the merchants to conceal it, had been pruelly expofed to public obfervation once more.
Sir, I now proceed to the negle&s of trade on the coaft of North-America, which have furely   been  amply   made  out by Captain Clack, Mr. Crokat the merchant,  and  that multitude of letters, we produced, from the moft  coniiderable perfons in thofe colonies. One moft extraordinary circumftance feems to merit your particular attention.    When public reprefentations had been tranfmitted to the admiralty, that the Phoenix man of war was quite out of repair and wanted a new bottom, and confidering how ill provided thofe countries are for the purpofe, would take up fix months to be completely refitted, care was taken to order the Tartar, the other remaining fhip, from off that ftation ; by which fo coniiderable a colony as South-Carolina, where even in times of peace two men of war had been con-ftantly ftation'd, fometimes  three,  or more, was now left entirely naked for feveral months, and expos'd to the enemy's privateers, which were then known by information from the governour of that colony to infeft the coaft in great numbers.    Sir, there  are but two probable reafons, which can be aflign'd for this management.    It muft either be confider'd as an inftance of extending to North-America! 1                                                     the
(46) the favourite plan, I have fo often repeated; or elfe muft have proceeded from another motive, which, when I come to mention, will fill this affembly with indignation and borrour. This naturally leads to the laft head in our petition, and with the explanation of this other motive for calling the Tartar from her ftation at that particular jundture all our evidence will be clofed.
The lafc head relates to arbitrary imprefllng. Sir, it is humbly hoped, the two inftances, we produced, will acquit  the merchants of intending; the leafi complaint againft impreffing in general^ this they confider among the number of inconveniences, which every member of the community is obliged to undergo for the advantage of the whole;   and under which the merchants, though they have been treated as aliens, are ready and willing to acquiefce : But, Sir, where the law connives at thefe ne-cefiary grievances,   and forbears to interfere, there are yet certain methods and regulations pointed cut by equity and common fcnie to render thefe grievances, as little burdenfome to the fubjefl: as poffible. It is, Sir, of the moft unprecedented deviations from all rules of juftice and humanity that we complain.    To recapitulate the particulars of an evidence, you have heard this verv dav, would be tedious; I /hall therefore only dwell upon the circumflances, which attended the imprefling of Mr. Blyde-ftein's men in South-Carolina, as moftdiftindly
related
(47) related by himfelf at your bar, and confirmed by Captain Beft,who was at that time upon the fpot. Part of the crew belonging to the Tartar entered Mr. Blydeftein's fhip, forced open the cabin, whither the failors had retreated, fired feveral vollies of fmall-fhot among them, not-withftanding they offered to furrender, and in the end one of them was killed by Samuel Bathurft, Mafter of the Tartar, who with his companions was afterwards brought in guilty of wilful murder by the Coroners inqueft o� that province. The Coroner's boat doming to the man of war, and demanding the guilty perfons by the authority of that officer, Supported with an order from the Governour, and the Chief-juftice's warrant, was repelled by force, and threatened t� be funk, in cafe it did not ftand off: It has not appeared by our evidence, that a fingle (hot was fired by the merchant's men from the cabin, but whether there was, or was not, whether Samuel Bathurft: was guilty of the murder or not, is of little confequence in this whole tranfaftion; the ftrefs does not lie there, nor is it, Sir, for the death of one man, nor to attack a fingle murderer, that the mercantile intereft of Great-Britain has been thus drawn up in array at your bar. Whatever may be done by o-thers, I will fuppofe that Samuel Bathurft was innocent of the murder; the ftrefs of the whole lies here ; being found guilty by the Coroner's inqueft he was obliged  to tajke his
trial,
(4%)
trial, whether innocent or not, and the pro* feeing him by force againft the Governour's order, and the Chief-juftice's warrant, was trampling the civil magiftrate under foot. After this, when the commander of the Tartar apprehended, the governour was preparing tvith anger and indignation to fupport his authority by force, he fled from his jurifc di<Stion; and eight months after, when every witnefs was abfent, the murderers were ac* quitted by a mock-trial before three captains of men of war. It was afked, whether three captains compofe a regular court-martial; Sir, it is not material, whether it was regular, or not; it is fufficient, that firft by protecting the guilty pdrfons againft the civil magiftrate, and afterwards preftiming to try and acquit them by three captains, the military power fct the law at open defiance, and treated thd King's authority with contempt. And now, Sir, I fubmit to you, whether, excepting the general defign of diftreffing trade in every {hape, and in the moft diftant parts of the world, any other motive as yet appears for ordering the Tartar off her ftation at that time, the confequence of which was leaving a considerable colony entirely defencelefs, but an intention to fcreen this murder, when the murderers were demanded by the civil magiftrate of South-Carolina, were then, and are ftill liable to take their trial in a court of juftice.
This
( 49 )
This is the lad head in our petition^ and here our evidence concludes.
Sir, after the many grievances already enumerated to tell the Committee, that the hea-vieft is yet behind, will perhaps awaken their aftonifhment, and, I humbly hope, befpeak their patience a little longer* The fubjed: of complaint, I have now to mention^ is no lefs flagrant in its nature, than if thofe, who adminifier juftice in a neighbouring hall, fhould receive every plaintiff with anger, and rejed: his fuit with difdain* However confiderable^ however meritorious to the public the mercantile intereft of Great Britain may appear at this bar, whatever degree of indulgence and regard the merchants may have found from this great affembly, in other places they have feverely experienc'd, that they were deem'd unworthy of the public concern: Their complaints have been received with indifference, and their misfortunes imbitter'd with infult and fcorn. Have applications been made fet> ting forth the mifeonduft of a commander, who deferred the trade under his convoy, and left it expofed as a prey to the enemy ? Did any cenfure pafs? Was any redrefs obtain'd? What anfwer was returnM but this? What would you have with this captain, would you have him turn a out, and the inafler of a merchant-man put into his room ? You would have all the captains of his Majejlfs flips turrid
G                             outi
(,5�}
cut,   and tnafters   of merchant-men put   info their place ? Have public reprefentations been made from our Northern colonies, that their coaft was negle&ed and defencek fs ? Was the leaft remedy applied to the evil ? Or does it appear, that the commanders the moft notori-oufly guilty of ncgled have met with the leaft rebuke, or are at all confider'd in a lefs favourable light, than that aftive,  that gallant and diftinguifh'd  officer  Captain   Ambrofe ? Has murder been committed in the arbitrary impreffing of men, the law violated, and the civil magiftrate fet at defiance ? Was a regular complaint prefer'd againft  this proceeding ? What reparation has there been made ? Or in what manner has juftice been fatisfied ? The law underwent a fecond violation from   the military power, the murderers were acquitted by a mock trial in a court marfhal, who might have been condemn'd  in a court of juftice, and are at this hour ftili liable to be tried for wilful murder.    Have the moft reafonable applications been made for fhips to protect the trade of thefe Kingdoms ? Has any care been taken for that purpofe ? One of thefe applications was upon a day, when indeed no board was fitting: I will not fay, Sir, how far the fenfe of the board was exprefs'd by fome words dropt from one of the commiffioners; nor do I believe, that gentleman was aware of the bitter meaning convey'd  in  thofe words,   It is your own wr, and you mufi take it for your
pains;
( 5' ) pains; no, Sir, I cannot be perfuaded, that he ever affix'd to that phrafe the malignant and rancorous idea, with which it was originally iffued, and fpread through every inferiour channel, from that quarter, where it was firft de-termin'd, that trade fhould be deprived of pro-tedlion, and every hardship  heap'd upon the merchant,  till he fhould be brought to acknowledge his error,  and repent of the war. But,  Sir, it hath produc'd a contrary effedt, and I   am  commiffion'd  by   the   merchants humbly to affure you,   that they and their failors are  ready  to  facrifice their lives  and fortunes in fupport of the moft vigorous mea-fures,   which the  wildom  of this houfe,  in whom they now repofean implicit confidence, fhall think fit to engage in: Nay,  that very expreffion of the merchants war^  had it proceeded from a friendly voice, is a phrafe, they would have adopted with joy, and been proud to be efteem'd  the authors of a juft and  ne-ceffary war, undertaken to reftore the freedom of navigation, and vindicate the declining honour of their country.    Nor even  that fenfe of thefe words, which carried derifion with it, is a foundation for  their complaint, as it ne-ceffarily affedls many  and  more   confiderable perfons than themfelves : for I leave this af-fembly to judge,  how far a phrafe of contempt upon a war actually in agitation comprehends thole, who from the information of the merchants  deem'd the  war juft and ne-
G 2                    ceiTary,
(   52   )
ceflary, decreed the war, furnifh'd fupplies for it, and are now carrying it on with the unanimous concurrence of every intereft in the kingdom, which means well to the public. No, Sir, there is another meaning in thefe words, which particularly and folely relates to the merchants, a cruel meaning. Sir: for had they been told in the moft explicit terms, You have been the cccafion of this war, and therefore you and your families are devoted to ruin \ a free and fecure navigation fhall be ppen'd to your enemy in the Britifh channel and foundings; your own feas, your own fhores fhall be rendered to you the moft in-fecure ports of all your navigation ; the unhappy failors, who chance to be in your fer-vice, fhall juft fee their country after tedious and painful voyages, and then be hurried into captivity by the fishermen of St. Sebaftian ; no cartel fhall be eftahlifh'd to redeem them from want and mifery, they belong to you, and are therefore unworthy of the public concern; that inconfiderable place, St.Sebaftian, fhall be enabled with your fpoils, to convert its fifhing-barks into fleets of privateers 5 to complete your diftrefs, the city of Bilbao fhall be encouraged to take arms againft you for the fir ft time 5 the ftrength of the enemy to annoy you fhall increafe with your fufferings, and both with the duration of the war: Had all this been faid, Sir, the collected force of all thefe   exprcfiions    together   does  not   imply
more
( 53 )
more than this fingle phrafe, It is your own war, and you muji take itfor your pains', whofe cruel meaning has been fo fully and diftinCtly explain'd by ail thofe wilful neglefts, and that variety of ill-treatment, which our evidence have made appear at your bar. To whom then could we appeal for relief, but to you, the redreffors of grievances, and guardians of the public ? Could we have recourfe to thofe, who had treated our misfortunes with indifference and fcorn, and who had openly de-clar'd themfelves to be a board of execution only, and not of order? Upon your protection, the Britifh trade throws itfelf this day ; the failor, the merchant, the manufacturer are all foliciting your juftice, imploring your powerful interposition to fhield them from the malice of their enemies at home, and from the artifice of their foreign rivals, who are watching to take advantage of our unredrefs'd misfortunes: thoufands of his Majefiy's moil ufeful fubjedts with equal anxiety and fub-miffion are humbly and earneftly intreating, that you will not fuffer them to fink utterly in ruin, nor gratify the pernicious views of thole, who envy them abroad, and of thofe, who hate them at home; that you will take their caufe into your confideration, that you will provide for their future fecurity by a law, that you will humble and punifh their op-preffors, that you will reftore difcipline, infufe new fpirit and vigour into the administration
of
( 54) of the navy, and by your wifdom and juftice render the very thought of injuring the British trade again a terror to all fucceeding times. But the ways and means of accomplishing thefe great ends are with all humility fubmitted to the wifdom of this houfe.
APPENDIX.
(55)
APPENDIX.
COPT of a Representation from the Merchants at Lisbon to Conful Compton.
Weft-Lisbon the 6th Dec, 1740: SIR,
TH E British navigation to this port la-bours at prefent under the utmost ha-zards and difficulty from the number of Spanifh privateers now infefting the coaft of Portugal, often hovering about the bar of this river, but chiefly between the rock and the burlings; circumftances of that dangerous and ruinous confequence, unlefs fome remedy is applied, that we fhould be altogether wanting to ourfelves as merchants, as well as regard-lefs of the welfare of our country, fo deeply concern'd in trade, did we not recur to you on this occafion, to defire your affiftance towards procuring it.
We have had the mortification to obferve within fix weeks pall no lefs than five prizes
made,
(56)
made, all within fifteen, fome two leagues of the river by two pitiful privateers 5 and now we are credibly informed two more are on the coaft, who will doubtlefs be folio w'd by many others, when they hear of the fuccefs of their fellows.
This may feem ftrange, while we have two Englifti men of war fiation'd to cruize before this bar, the conduct of whofe commanders we will not take upon us to cenfure, being ignorant of their orders, but only obferve, that while one was lately abfent at Gibraltar fix weeks to clean, the other being left alone, and not cruizing to the northward of the rock, was probably the occafion of the above captures; and now being gone on the fame errand, it plainly fhews, there is not a fuffi-cient guard for the trade, efpecially whilft their orders are to clean at Gibraltar.
Under thefe apprehenfions we earneftly de-fire you will pleafe to recommend this our re--prefentation to his Majefty's Envoy, the right honourable Lord Tyrawley, whofe laudable zeal for the public good will we doubt not prevail on him to ufe his follicitations with yours, where it may be proper, that fome additional force of {hipping may be appointed to clear the coaft, which the fmaller they are, will be the more ferviceable, but with more extended orders; without this, the hazard and lofs will be excefilve, and it will inevitably create great clamours at home. But we imagine, as the importance of the Britifh trade to Usbon, as
well
3
(57) Well as the exteniivenefs of it, is ih well known, that it is hardly poffible, we fhall Want a proportionate protection, when the danger is known to be lb imminent. This will increafe daily from henceforward, as well from the late fuccefs of the privateers, as be-caufe now is the time, that our American fhips come in greater number, and being altogether defenceless, and likewife unacquainted with the danger, fuppofing the coaft fufficiently guarded, will become an eafy prey to our enemies ; and if we might be allow'd to enlarge our views beyond our immediate protection with refpeCt to the trade in general, in order to prevenrt the introduction of a great many French, and other commodities, which already begin to fupplant the Britifh manufactures for want of a regular fupply, we ftiould repre-fent to you in the ftrongeft terms the ab*� folute neceffity of likewife applying for a con-ftant convoy order'd in fuch manner, that whilft one is going, another might be coming: nothing being more certain, than that cuftom and ufe are the greateft reafqns, why many Commodities of one country are prefer'd to thofe of another, which mieht otherwife ferve as well the fame purpofes \ and if once thefe become falhionable, the others will foon be out of date, and forgotten in a fhort time. This being a recdv'd masim, and a general ^afe  which   always  has,   and   always   will
H                    happen.
( 5� )
happen on the like occafions, we think it deleaves the greater attention, and ought to be a fubjed: of the ftrongeft reprefentations, as touching ourfelves, our country, and our pofterity.
We are, Sec.
Chrift. Hake and Comp. Benj. Bousjield, John Sherman^ Naiflo and Ibbotfon, Burdett,Lockwood, and
Hanway, Fran. Wood and Comp. John and James Watts, John At lee,
John andWilliamSkeys, Edmondfield,     R eve//,
and Furrs, Berthon and Garnault, William Ear/e, James Rigaiid, Thomas Skinner, James Patton, Martins and Stent, Browne and Martyn, Chafe and Wilfon, Edward   and   John
Mayne and Comp. Richard   and   David
King,
Beesfield, Thompfon, and
Wkkins, Boufcher,Perochou, and
Comp. Legay,    Grojfett,   and
Ord, Burdett, Duckett, and
Hardy, Darell, Cafamajor, and
Comp. Builer, and Stert, Leyborne, Roffey, and
Rockltff, Steers and Barons, Ifaac Correjolles, Ifaac Hoyard, Arbouin and Majendie^ Simp/on and Feather-
ftone, John Parminter, Wilkinfon andSouthern^ John Paradine.
COPT
(59)
COPT of a Letter from Coitful Compton to the Duke ^Newcastle,
Lisbon jth Jan. 1741.
My Lord,
TH E fuccefs the Spanifh privateers have had upon the coaft of Portugal this winter, makes the merchants apprehend the trade to this place in fo much danger, that fewer no fhips can come without running great riique of falling into the hands of the enemy� Under thefe apprehenlions, a great number of them fign'd a letter to me, and therein earneft-ly defir'd me to recommend their reprefen-tation to my Lord Tyrawley, which I have accordingly done, and his Lordfhip defir'd me to affure the factory, that he would tranfmit it to your Grace by the iirft opportunity : therefore I prefunie you will receive it by this con-* veyance.
Your Grace will pleafe to ohferve by their
reprefentation, That, altho' two men of war
are order'd to cruize before this bar, that one
H 2                               or
(6o)
or other is often abfent from the ftation upon account of cleaning at Gibraltar ; and indeed, when they ape both here, they feldom, or never, cruized to the Northward of the rock: confequently, that was the part for the privateers to cruize in, and moft of the prizes have been made between the burlings and the rock. � This they think (and I believe with reafon) might eafily be prevented by ordering a fmall xnan of war to cruize that way.
If it were poffible to have more frequent convoys appointed, it certainly will be of great benefit to the trade in general, for the French begin to introduce feveral forts of goods ; and, if thefe once become faftiionable, it is to be fear'd they will not eafily return to the Britifh manufactures; and it is alfo certain, that other advantages would arife, if convoys would be appointed, as they defire, that one might be going out, as another is coming in�This would keep their houfes conftantly fupply'd with woollen goods, and the men of war homeward bound would carry the treafure, not only what belongs to Great Britain, but to other nations, which has hitherto been a good com-miffion to England�-But, for want offuch conveyances of late, the Dutch ihips have been made ufe of; and they are fo feniible of the advantage of thefe freights, that the States have actually order'd two men of war this way for that purpofe, one is defign'd to proceed up the Streights, and the other is to return to Hoi-5                                  land.
(6i )
land, foon after they arrive�-By this means they will get into this bufinefs, which was carry'd on entirely by our fliipping.
I think it my duty to inform your Grace of this, and then am perfuaded, your better judgement will find a remedy for the danger, the Britilh trade at prefent labours under,
/ amy &c.
Oharles Compton.
FINIS.