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"Great Britain enjoyed before, either through right, sufferance, or indulgence.'

If therefore this comprehensive clause, (which relates only to the West-Indies) confirms, secures, and re-establishes those liberties, which the subjects of Great Britain enjoyed in America before the treaty in 1670, it necessarily follows:

That they having then enjoyed the liberty of cutting logwood, without any interruption (as hath been proved) either through right, sufferance, or indulgence, they are again intitled by this treaty, to the same liberty, in as plain and express words as can be used or imagined.

And that your Majesty may be more fully apprized of the importance of this trade, the same will be effectually demonstrated by the following account of the quantities of logwood imported since the war, viz.

In 1713 1714 1715

1716

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In four years,

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been (at least) suffered to enjoy the liberty of cutting logwood as aforesaid, before the conclusion of the American treaty (although your Majesty should not insist on your said right to the Laguna de Terminos) yet that the same liberty is absolutely granted and confirmed by the treaty of commerce made at Utrecht.

And we do farther think it our duty to represent to your Majesty, that although the said Spanish ambassador seems to declare in his memorial, that no attempt should be made to dislodge your subjects settled on the Laguna de Terminos, in a less time than eight months from the date of his said memorial; yet they were dislodged and taken prisoners in the same month the memorial was delivered, as appears by several affidavits sent to this board by general Hamilton, your Majesty's governor of the Leeward islands.

All which is most humbly submitted.

(Signed,) Suffolk, J. Chetwynd, Charles Cooke, J. Molesworth, D. Pulteney, M. Bladen.-Whitehall, Sept. 25th, 1717.

Resolution of the House relating to the De predations of the Spaniards.] Then the House, having resolved itself into the said Committee, considered farther of the Petitions of divers That is, communibus annis, merchants and others, interested in the British tons 3741, which cannot be computed at less than plantations in America; proceeded in the far60,000l. per annum, though the price is at pre-ther hearing of the Petitioners; went through sent reduced from 40l. to 161. per ton, whereas, before your Majesty's subjects were settled there, it was worth 100l. the ton.

Nor is this trade less necessary than beneficial to your Majesty's dominions, by reason of the great encouragement it gives to our seamen and shipping, which at all times requires a particular attention, but now especially, when it is daily observed, that very many British mariners, either through defect of the laws, for want of employment at home, or in hopes of greater advantage abroad, enter themselves into foreign service.

Upon the whole, therefore, we are humbly of opinion;

That the subjects of this your Majesty's kingdom, for some years before, as well as after the conclusion of the American treaty in 1670, did enjoy an uninterrupted liberty of cutting logwood in the Laguna de Terminos, and in other places not inhabited by the Spaniards in the province of Jucatan, either through right, sufferance, or indulgence.

That the said American treaty did establish a right in the crown of Great Britain to the Laguna de Terminos, and the parts adjacent; those places, at the time of the treaty, and for some years before being actually in possession of the British subjects.

the Evidence; and, at last, after some debate, put off the farther consideration of that affair to the 20th, but came to the following Resolution, viz. "That from the Peace concluded at Utrecht, in the year 1713, to this time, the British trade and navigation to and from the several British colonies in America, has been greatly interrupted by the continual Depredations of the Spaniards, who have seized very valuable effects, and have unjustly taken and made prize of great numbers of British ships and vessels in those parts, to the great loss and damage of the subjects of this kingdom, and in manifest violation of the Treaties subsisting be

tween the two crowns.'

"

An Address thereon presented to the King.] Then Mr. Winnington, by direction from the Grand Committee, moved, and it was accordingly resolved, nem. con. "That an humble Address be presented to the King, to desire his Majesty will use his utmost endeavours to prevent such Depredations; to procure just and reasonable satisfaction for the losses sustained; and to secure to his subjects the free exercise of commerce and navigation to and from the British colonies in America."

March 14. Mr. Winnington reported the said Resolution, which was agreed to.

The King's Answer thereto.] March 17. The Commons, with their Speaker, having at

That the royal Cedula issued out by the court of Spain, was a violation of the aforesaid treaty, forasmuch as the carrying on the trade to the Laguna de Term aos, was there-tended the King with this Address, his Majesty. returned the following Answer:

by interpreted an invasion, an 1 the logwoodcutters accounted pirates.

And that your Majesty's subjects having

"Gentlemen ;

"I have always had the greatest regard and

concern for the Commerce and Navigation of my kingdoms; I am sensibly affected with the Losses sustained by my trading subjects; I have upon all proper applications given the strictest orders for procuring just and reasonable satisfaction; and you may be assured, that I will use my best endeavours to answer the desires and expectations of my people upon an affair of so much importance.'

Proceedings concerning_the_Restitution of Gibraltar.] March 18. The Lords, in a full House, considered the State of the Nation, particularly with relation to the positive demand made by the court of Spain, for the Restitution of Gibraltar, grounded on a Letter written in the year 1721, by his late Majesty to the king of Spain: A copy of that Letter in French, with a translation of it in English, having been laid before the House, the said translation was read, as follows:

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Sir, My Brother;

July 1, 1721.

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2. "Because the king of Spain, having claimed by his ministers several times, not only from the late king's positive promise, as he asserts it to be, but from our forfeiture of it too

seems reasonable to us, that we should insist upon his making his renunciation of it in words as plain and strong as he has made his claim to it, especially since, as far as we have heard, our plenipotentiaries have not been able to prevail upon him to shew any inclination to relinquish his pretensions to it, during the long course of these perplexed negotiations, in which we have been unskilfully, as we fear, and we are sure we have been unfortunately involved.

I have learnt, with great satisfaction, by the report of my ambassador at your court, that your Majesty is, at last, resolved to remove the obstacles that have, for some time, delay-by our infractions of those conditions on which ed the entire accomplishment of our union. he gave it up to us; and having actually beSince, from the confidence your Majesty ex-sieged it since he yielded it to us by treaty, it presses towards me, I may look upon the "Treaties which have been in question between us as re-established; and that accordingly the instruments necessary for carrying on the 'trade of my subjects, will be delivered out: I do no longer balance to assure your Majesty of my readiness to satisfy you, with regard to your demand touching the Restitution of Gibraltar; promising you to make use of the first favourable opportunity to regulate this Article, with consent of my Parliament. And to give your Majesty a further proof of my af'fection, I have ordered my ambassador, as soon as the negociation, with which he has been charged, shall be finished, to propose to your Majesty new engagements to be entered into, in concert and jointly with France, suitable to the present conjuncture, not only for strengthening our union, but also for securing the tranquillity of Europe: Your Majesty may be persuaded that I, on my part, will shew, all the facility imaginable, promising myself that you will do the same, for the mutual benefit of our kingdoms, being most perfectly, Sir, my Brother, your Majesty's Good 'Brother, GEORGE R.'

To the King of Spain, 6 Monsieur, My Brother.'

A Motion in the Lords that the King of Spain be obliged to renounce his Claim to Gibraltar and Minorca; passes in the Nega

*A motion was made in the last session of king George 1, for laying before the Commons a copy of the said Letter, but it passed in the negative; see p. 547. See likewise lord Bathurst's, and lord Townshend's Speeches relating thereto in the same session p. 535.

3. "We think it is incumbent upon us to take particular care, that our right to it should not in the least be precarious, because, we apprehend, we have great reason to fear that the king of Spain's allies are very desirous to have it again in his hands, and have no reason at all to believe that our own allies are solicitous to have it continue in ours: if there should be the least room, upon a peace, for the king of Spain's preteusions to it, from any loose or doubtful expressions, we are apprehensive, it may lay a foundation for uneasiness and animosity, and might interrupt a perfect harmony between us and a nation whose friendship must always be of the greatest advantage to us. We think our zeal to preserve our title to it, in that most effectual manner we proposed, would have terrified any wicked ministers even from the thoughts of giving it up, if ever we should be in such wretched circumstances, as to have any who might think a war more dangerous to themselves than the nation, and who might for that reason be tempted to purchase an inglorious peace, at the high price of so valuable a part of the British dominions.- (Signed) Beaufort,

Strafford, Gower, Bathurst, Plymouth, Oxford and Mortimer, Berkshire, Scarsdale, Boyle, Montjoy, Weston, Willoughby de Broke, Coventry, Litchfield, Craven, Abingdon, Foley."

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Then it was resolved, "That this House doth entirely rely upon his Majesty, that he will, for maintaining the honour, and securing the trade of this kingdom, take effectual care in the present Treaty, to preserve his undoubted right to Gibraltar and the island of Minorca."

March 19. The Lords sent a Message to the Commons, desiring a present Conference, relating to Gibraltar and Minorca: which being agreed to, the Managers for the Lords communicated to those of the Commons the above Resolution.

The lord Malpas, one of the Managers for the Commons, having reported the Conference to the House, it was resolved to address his Majesty for a copy of the Letter written by his late Majesty to the king of Spain, in 1721, relating to Gibraltar.

March 21. The said Letter being laid before the House, the same was taken into consideration, together with the Lords' Resolution, above-mentioned; upon which, there was a warm debate. Many severe reflections were made on those who first advised his late Majesty to write such a Letter, as either implied, or at least was taken by the Spaniards, as a positive promise of giving up Gibraltar; and therefore might be looked upon as the main source and occasion both of the subsequent measures that have been pursued to recover that false step, and of the difficulties we at present labour under. The Courtiers endeavoured to justify those measures, and assured the House, That effectual care had been taken in the present negociation, to secure the possession of Gibraltar to the Crown of GreatBritain But the Country-Party answered, That the same did not plainly appear by the tenor of the Provisional Treaty; and therefore moved, That to the Lords' Resolution, now under consideration, the following words might be added, viz. And that all pretensions on the part of the crown of Spain to the said places be specifically given up.' But after some farther debate, the question being put upon the said motion, it was carried in the negative, by 267 voices against 111. After this, the question being put, That' this House does agree with the Lords in the said Resolution, it was carried in the affirmative without dividing.*

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"Thus ended this business in Parliament, which had created so much ill-will, occasioned so many false reports at the time, and which has since been misrepresented by those who inculpate the minister for breaking a promise which he never made, and for violating the national honour, when, in fact, he defended and supported it. Although the business was thus concluded in Parliament, yet the asser tions of the minister did not satisfy Opposition, and as the affair was again renewed in the Craftsman, and other periodical publications, with increased rancour and exaggerated invective, to which Walpole never condescended to make any reply, these invectives have been

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adopted by subsequent historians with no less asperity, and have been considered as authentic facts. Nor is this misrepresentation confined to the authors of this country: Many of the French writers are totally mistaken in the account of this negotiation in asserting that George the first promised unconditionally to restore Gibraltar.

"In 1715, George the first, for the purpose of avoiding a rupture with Spain, gave full powers to the regent duke of Orleans, to offer the restoration of Gibraltar; the hostilities which followed, annulled the promise, and afterwards the king of Spain acceded purely and simply to the quadruple alliance, without stipulating the cession. The regent, however, with a view to ingratiate himself with the king of Spain, and to promote the double marriage between the two infants and his two daughters. repeatedly renewed the offer in the name of George the first, and inspired Philip with the most sanguine hopes of recovering so important a fortress. These expectations being urged by Philip with great warmth, and with little discretion, obliged the King to declare that be 'did not consider himself as bound by his former conditional promise. The regent being reproached by the queen of Spain with a breach of his word, dispatched the count de Seneterre to England, to represent the danger and delicacy of his situation. He declared, that he considered the King's promise as full and positive, and that he would as soon consent to his utter ruin, as to the dishonour of failing in so public an engagement. These strong expressions from the regent, who had proved himself so faithful an ally, and whose assistance in discovering and counteracting the schernes of the Jacobites was so necessary, perplexed the King, and induced him to use his utmost endeavours to gratify him and the king of Spain, with this view, earl Stanhope sounded the disposition of the upper House, by insinuating an intention to obtain a bill, empowering the King to dispose of Gibraltar, for the advantage of the nation. But this hint produced a violent ferment. The public were roused with indignation on the simple suspicion, that at the close of a successful war, unjustly begun by Spain, so important a fortress should be ceded. General murmurs were at the same time excited by a report industriously circulated by Opposition, that the King had entered into a positive engagement for that purpose; virulent pamphlets were published to alarm the people, and to persuade them rather to continue the war, than to give up Gibraltar. The ministers were compelled to yield to the torrent, and to adopt the prudent resolution of waving the motion, lest it should produce a contrary effect, by a bill, which might for ever,

March 25. The above Resolution having been formed into an Address, both Houses presented the same to bis Majesty, who returned the following Answer:

"My Lords and Gentlemen;

"" I thank you for the confidence you repose in me, I will take effectual care, as I have hitherto done, to secure my undoubted right to Gibraltar, and the Island of Minorca."

The same day, sir Paul Methuen delivered to the Commons the following Answer to their Address of the 11th instant, viz. "That the sum of 60,000l. mentioned in that Address, had been issued and disbursed, pursuant to the power given to his Majesty by parliament, for necessary services and engagements entered tie up the King's hands. The interference of France in this affair, and the extreme eagerness to obtain the restitution, was of great detriment The alarm was indeed so strong, that suspicions were entertained that the Regent was meditating the desertion of the alliance with England, and made Gibraltar a pretext to justify a change of system. These apprehensions induced the King to send earl Stanhope to Paris, with a view of representing the true situation of affairs, and to state the unpopularity of the measure, and the impracticability of carrying it against the general sense of the people. The letter which Stanhope conveyed from the King to the Regent on this occasion, was firm, discreet, and satisfactory. He acknowledged that he had made the offer of ceding Gibraltar, solely with a view of preventing the rupture, and that Spain might have obtained it, had she then acceded to the proposed conditions. But it was now too late to revive the demand, as the king of Spain had proved himself the aggressor. It never could be understood that a voluntary offer of this nature, to prevent a war, was binding as a preliminary of peace. He concluded by observing, that he had never given his consent, since the rupture, to the renewal of the offer, and had received no communication from the regent of any intention to bring it forward. The duke of Orieans was fully satisfied with this representation. He owned, that although he could not avoid continuing to press for the restitution which he had so solemnly promised in the King's name, yet that he would employ every indirect means in his power, to prevent its being indiscreetly and improperly urged, and testified his resolution to make a separate peace with Spain.

"The King, however, being still inclined to gratify the Regent, if he could do it without disobliging his subjects, referred the object of dispute to the congress at Cambray, hoping that in the course of negotiations, the Spanish plenipotentiaries might urge such motives and arguments in its favour, as would influence the Parliament and people. Under the same impressions, he made another effort. By his order, earl Stanhope wrote to secretary Craggs, to lay before the lords justices the advantages which would result from ceding Gibraltar for Flo

into for restoring and preserving the peace of Europe, and which require the greatest secrecy; and therefore, a particular and distinct account of the distribution of it, could not possibly be given, without a manifest prejudice to the public."

March 27. The Commons, in a grand Committee, considerd farther of the petition of several merchants relating to the Spanish depredatons; beard some of the petitioners; examined witnesses; and after a warm debate, put off the farther consideration of that matter to the 2d of April.

The Bribery-Bill passed and sent up to the Lords.] April 1. The Bill, For the more efrida, or the eastern part of St. Domingo, and for certain commercial advantages. This proposal being laid before the council, lord Towns hend at first warmly opposed, but finally agreed, if a suitable equivalent, particularly Florida, could be obtained. Accordingly, the cession seemed ultimately determined, if it met with the approbation of Parliament. But the obstinacy of the King of Spain, rendered this proposal ineffectual. He declined yielding Florida in exchange, and insisted on Gibraltar without giving any equivalent. This Claim on his part was so warmly and repeatedly insisted on, as the indispensable requisite for acceding to the terms of pacification, that it was deemed a prudent art of policy not to retard the conclusion of peace, by a positive denial. Philip having requested, as an ostensible vindication of the peace, which was reprobated in Spain as highly dishonourable, a letter conveying a promise of restoring Gibraltar, George the first complied, and expressed himself with great discretion on this delicate subject. "I no longer balance (he observed) to assure your Majesty of my readiness to satisfy you with regard to your demand, touching the restitution of Gibraltar, upon the footing of an equivalent, promising you to make use of the first favoura ble opportunity to regulate this article, with consent of my Parliament." When the British minister delivered this letter, both the king and queen of Spain made so many objections, particularly to the word 'equivalent,' that at his suggestion the King consented to write another letter, in which those words were omitted, under the full conviction that the letter, even in that mutilated state, left the affair entirely to the Parliament, who might refuse to part with Gibraltar upon any terms; or if they agreed to the cession, might equally insist upon an equivalent.

"This was the memorable letter, † which was the cause of so much obloquy." Coxe's Walpole..

†This letter is printed in the Journals of the Lords and Commons, in the Political State of Europe, Historical Register, Chandler, and Tindal, with an omission of the words marked in Italics.

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⚫fectual preventing Bribery and Corruption in Elections,' was read the third time, passed, and sent to the Lords by Mr. Watkin Williams Wynne, knight of the shire for Denbigh. A Motion in the Lords to resolve, That Admiral Hosier's Expedition was an unreasonable Burthen upon the Nation, passes in the negative.] April 17. The Lords having called for most of the Papers, that had been laid before the Commons, relating to the Spanish Depredations; and read some of them, considered, the next day, in a full House, the State of the Nation. Very severe reflections were made on the late conduct of those in the administration and the residue of the papers which were laid before the House, as well in relation to the squadron of ships sent to the WestIndies, as to the depredations made by the Spaniards on his Majesty's subjects in America, being read, it was proposed to resolve, "That it appears to this House, that the expence of the squadron sent to the West-Indies, under the command of vice-admiral Hosier, having been borne by this nation alone, though designed to prevent the Spaniards from seizing the effects belonging to his Majesty's allies, as well as his subjects, which were on board the Flota or Galleons, and from applying the treasure to disturb the peace, and invade the liberties of Europe, has been an unreasonable burthen upon this kingdom."

Protest thereon.] After debate the question was put thereupon, and it was resolved in the negative, by 87 against 27.

"Dissentient'

1. "Because, we conceive, that our Allies were, at least, as much concerned as ourselves, to prevent the Spaniards from disturbing the peace and invading the liberties of Europe, if there was at that time sufficient foundation to apprehend such attempts on the part of Spain, and because our allies (the French in particular) had a much greater share in the effects of the Galleons than the subjects of this nation, and by consequence were much more concerned in interest to prevent the king of Spain froin seizing those effects.

2. "Because we not only took the whole charge of this expedition upon ourselves, but have increased our national forces, taken great numbers of foreign troops into our pay, and contracted to pay divers subsidies to Foreign princes, when it has not appeared to us in any authentic manner (as we apprehend) that our allies have taken upon themselves any expence proportionable to this, in consequence of the Hanover Treaty.

3." Because we are convinced, that the national expence and losses, occasioned by this expedition, do not only very far exceed any interest which the subjects of this nation can be supposed to have in the Galleons, but have likewise been much more considerable than any detriment which has accrued to Spain by delaying the return of the Galleons.

4. "That by taking this expedition solely upon ourselves, we drew the whole resentment of the court of Spain upon this nation, and gave the French an opportunity of healing the breaches which had been made between those two courts; of acquiring a greater share than ever they had in a most beneficial branch of trade, and of acting rather the part of mediators than that of parties in the dispute.

5. "We cannot help being of opinion, that this burthen was the more unreasonable, since it does not appear that this expedition has had the effect of obliging the Spaniards clearly to adjust the points in dispute between us, or effectually to secure to our merchants a just satisfaction for the great losses, which they have sustained by the seizures and captures made by the Spaniards.(Signed) Beaufort, Straf

ford, Gower, Montjoy, Coventry, Oxford and Mortimer, Plimouth, Foley, Craven, Willoughby de Broke, Litchfield, Bathurst, Scarsdale, Northamp

tun.

Debate in the Commons on the Arrears of the Civil List.] April 23 The Commons went into a grand committee on the Supply; and after examination of the commissioners of the customs and excise, the postmaster general, and other officers concerned in the Civil List Revenues, the Courtiers endeavoured to prove, that there were so great Arrears standing out on the several branches of those revenues, that year, the they fell short of producing within the clear sum of 800,000l. which was settled for his Majesty's Civil List; and hereupon Mr. Scrope moved, "That the sum of 115,000l. he granted to his Majesty, upon account of the Arrears of his Civil List Revenues, to be replaced and refunded, for the use and benefit of the public, out of such arrears of the said revenues, as shall be standing out at his Majesty's demise, and together with the said sum of 115,000l. shall be more than sufficient to make up the produce of the said revenues 800,000l. per annum, during his Majesty's life, to be com puted from the 25th of June 1727."

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* "In this session occurred one of those difficult and critical cases, in which Walpole was reduced to the necessity of complying with the will of the sovereign, contrary to his own judgment, or of resigning. Great complaints had been made of the deficiency of the civil list, and upon an examination of the revenue officers, a motion was made by Scrope, secretary to the treasury, that the sum of 115,000l. be granted to his Majesty, not as a deficiency, but as an arrear. peared that there was no deficiency, yet the House rejected a motion for a secret committee, and passed the act, by a majority of 241 against 115. In the Lords, the bill met with strenuous opposition, and though carried, very strong protests were entered on the journals, and signed by fourteen peers. This transac tion gave great pain to Walpole he is said to have used every effort of address and reason

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