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that they may not be misconstrued, I will repeat them.I assert then, it is a grounded maxim in civil science, that force and violence are the resort of usurpers and tyrants only; because they are, with good reason, distrustful of the people, whom they oppress; 'and because they have no other security for the continuance of their unlawful and unnatural dominion, than what depends entirely on the strength of their armies.

But it is the peculiar happiness and glory of Great Britain to be blessed with a Prince, who wants no such support; who reigns absolute in the hearts of his subjects; who prefers their ease and interest to the lustre and grandeur of his crown; who sets them a pattern of prudence and wisdom; whose royal goodness would be offended with continuing any tax, or any burthen upon them, but what is requisite to supply the immediate occasions and necessities of his government.

*

violation of the 5th Article of the Quadruple Alliance; tends to involve this nation in a dangerous and expensive war; and to destroy the balance of power in Europe.",*

The Lord Townshend spoke against the question, and observed, That it was allowed by friends and foes, and his Majesty had acquired great honour in making the Treaty of Seville: that it was a reproach on our Allies to insinuate they had acted otherwise than in friendship with us: that the word Violation'„in the question could not be applied to this Treaty; and his Lordship added, That in his opinion, the question tended only to encourage the cmperor to stand out, and to provoke the court of Spain, therefore he hoped it would not pass.

Then the question being put on the said motion, it passed in the Negative by 86 against

31.

Then it was moved to resolve, "That our right of sovereignty, dominion, possession, and claim to Gibraltar and the island of Minorca is not ascertained by the Treaty of Seville, so as to extinguish the claims and pretensions set up by the Spaniards, which were followed by an actual siege since the cession of those valuable places by the Treaty of Utrecht." After debate, the question was put thereupon, and resolved in the negative: Contents 31, Notcontents 85.

For these reasons, Sir, I cannot assent to the question. But, before I conclude, give me leave to say, there is an article in the Estimate under your consideration, which I readily allow, in the midst of all my frugality; though I must at the same time own, with those gentlemen who dispute it, that it is a new item, and an additional article to the Estimate of the last year, I mean the Salary of 2001. for the Physician of the Tower: for no person, who shall hereafter have the misfortune to be confined Nothing could be a greater proof of the there, on any account whatsoever, should want infatuation that people may be under from proper assistance in case of sickness. Mem- party prejudices, than the treatment which bers of this House have been frequently sent this negotiation met with all over the kingdom. thither, and for very different reasons. Some The ministry, it must be acknowledged, in for speaking freely, others for acting corrupt- concluding it, had chiefly in their eye the prely. Now, as it is uncertain of what denomina-servation of the public tranquillity, by which tion the member, or any other gentleman may Eugland was every day making immense acquibe, who shall next be committed to that State- sitions of wealth and commerce. But this was Prison, let us give an instance of our general a conduct very distant from, and destructive of, compassion, and not grudge so triding a sum the views of the Opposition, who knew that for so charitable al purpose. the ministry never could be shaken but in a time of war or public commotion. The ministry, on the other hand, treated the opposition they met with, too superciliously within doors, aud too incautiously without. Seeure of their own numbers in the House of Commons, and conscious that the opposition was carried on only from views of interest and ambition, they did not enter into that length and solemnity of debate that was necessary either for the conviction or conversion of the few who opposed them from principle only. In short, matters were rather carried by dividing than debating. Many noblemen and gentlemen of great and independent fortunes, took this method of proceeding amiss, and resented it by voting against the ministry. This gave the public such unfavourable impressions of his Majesty's measures, that nothing either spoken or wrote for the ministy, had a fair hearing. It must be owned at the same time, that those prepossessions were in a great measure owing to the weakness of the ministerial advocates without doors, who in general were the very worst pens that money or favour could procure." Tindal.

After this the question being put on Mr. Pelham's motion, it was carried in the Affirmative; and it was farther resolved, "That the sum of 723,0321. be granted for the Charge of

the said 17,709 men."

Debate in the Lords on the Treaty of Seville.] Jan. 27. The Lords, according to order, proceeded to take into consideration the Treaty of peace, union, friendship and mutual defence between his Majesty and the most Christian King, and the king of Spain, concluded at Seville the 9th of November, N. S. 1729, with the separate Articles thereunto belonging: And the same being read by the clerk,

Lord Bathurst moved, That the 5th Article of the Quadruple Alliance might be read, which being done his lordship moved for the following question, "That the Agreement in the Treaty of Seville to secure the Succession of Don Carlos to the duchies of Tuscany, Parma and Placentia, with Spanish Troops, is a manifest

* See vol. 7, p. 511.

Then it was moved, "That an humble Address he presented to his Majesty, that he will be graciously pleased to order to be laid before the House, a Copy of the Orders and Instructions given to sir George Byng, now lord viscount Torrington, who commanded the Fleet in the Mediterranean in the year 1718." But the question being put thereupon, it was resolved in the negative.

Then it was proposed to resolve, "That the Stipulations in the Treaty of Seville for the repairing the Losses of the Merchants, are insufficient and precarious. And the question being put upon the said proposition, it was resolved in the negative; Contents 30, Not-con

tents 79.

The Duke of Devonshire moves the House to declare their Approbation of the said Treaty

Then the duke of Devonshire moved to resolve, "That the said Treaty of Seville does contain all necessary stipulations for maintaining and securing the honour, dignity, rights and possessions of this crown; and that all due care is taken therein for the support of the trade of this kingdom, and for repairing the losses suffered by the merchants."

Protest against it.] After debate, the question was put thereupon, and it was resolved in the affirmative, by 72 against S0.

"Dissentient',

"Because, we think, this question, from the debate as well as from the import of the question itself, was designed as a justification of the whole Treaty, which appears to us neither to be solid, honourable, nor advantageous for the following reasons:

1. "Because we know not whether all the treaties and conventions concluded between England and Spain may be, in every article of them so beneficial to us, as to be fit to be again confirmed and renewed.

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2. Because, as we think it extremely difficult to examine with requisite nicety, how advantageous every treaty and convention between Great Britain and Spain may be to us, so we think it absurd to pretend to judge of any future agreement; and therefore we think it very extraordinary, and apprehend it may be of very ill consequence to be bound, as we are by this Treaty, to ratify and guarantee what ever agreement shall be made between the king of Spain and the dukes of Tuscany and Parma, concerning the garrisons once established in their countries.

3. "Because the obligations on our merchants to make proof of the justice of their denands, for their losses at the court of Spain, is, in our opinion a hardship upon them, and not honourable for the nation; and we are persuaded those unfortunate gentlemen will undertake so troublesome and expensive a journey with the less chearfulness, because they may fear their claims are likely to be counterbalanced by others from the Spaniards; and after all they have only the slender comfort of hoping, if they think there is any room for them to hope,

to get that redress by commissaries, which they have not hitherto been able to obtain by plenipotentiaries.

4. "Because we are obliged to assist in ef fectuating the introduction of 6,000 Spanish troops into the towns of Tuscany and Parma, without specifying the methods we are to take, or charge we are to be at in giving that assistance; so that, for ought we know, we may be liable to an endless trouble and unlimited expence to compass what, if effected, cannot, in our opinion, be of any advantage to us, but, as we fear, may prove most prejudicial and de

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structive.

5. "Because we oblige ourselves to guarantee for ever, not only to don Carlos, but even to all his successors, the right to, and poswhich we think is a stipulation of so extensive session of the estates of Tuscany and Parma; a nature, that we can hardly see we are ever like to be exempted from the disputes and quarrels it may too probably draw upon us.

6. "Because this Treaty differs from the Quadruple Alliance, upon which it is pretended to be chiefly founded, in some points that seemed to be thought essential by ourselves, as well as by the kings of France and Spain, as far as we can judge by the stipulations of former alliances, particularly in that of introducing Spanish troops instead of neutral into Tuscany and Parma, and by stipulating that those troops shall remain there till don Carlos and his successors are secure and exempt from all events; which, from the nature and extent of human foresight, we think, the warmest advocates for the. Treaty must allow is in effect to say, they are to remain there for ever.

7. "Because the alterations in this Treaty, from that of the Quadruple Alliance, are made not only without the consent of the Emperor, but we fear he will interpret it, since he has not the compliment paid him of being invited into it, almost in defiance of him; and if this treatment of him should unhappily alienate his friendship from us, we think we should, as good Englishmen, have great reason to lament the loss of such an ancient, powerful and faithful ally.

8"Because we apprehend that there is an artful omission, throughout the whole treaty, of any plain and express stipulation to secure to us our right to Gibraltar and Minorca; which, however willing we are to attribute it rather to the superior skill of the Spanish managers, than to any want of zeal for their country in our own, is an error that we fear will leave our possession of those important places too liable to future carils; and we think the Spaniards could not, with the least plausible pretence of reason, have refused to ascertain our indubitable right to them, in as strong and explicit terms as we have declared ourselves guarantees of the right, possession, tranquillity and quiet of the Italian dominions allotted to Don Carlos and his successors, since we have had the complaisance to admit the Spaniards to discuss their pretensions for the restitution of the ships

taken in the year 1718, though their right to that compensation was as effectually secured to them, as it can be pretended ours is to Gibral tar and Minorca, by those general words that renew and coufirm all former treaties.

29. The Lords voted the following Address of Thanks for the Treaty of Seville:

"Most Gracious Sovereign;

"We your Majesty's most dutiful and loyal subjects, the Lords spiritual and temporal in parliament assembled, humbly beg leave to return your Majesty our most hearty thanks for your most gracious condescension in laying lately concluded at Seville, before this House. the Treaty of Peace, Union, and Friendship,

9. "Because his Majesty himself, by his speech from the throne, seems not entirely free from apprehensions of new troubles being still likely to arise in Europe, even in resentment of the present engagements; and if he thought this peace had settled the public tranquillity upon a lasting foundation, we are confident his paternal goodness would have inclined him, by a farther reduction of troops, to have given more ease to his people, who have long groaning and securing the honour, dignity, rights,

ed under the heavy burthen of taxes, almost insupportable, and of a large standing army, and have had all their grievances increased by a pernicious interruption of late of that flou rishing commerce, without which they can neither be happy at home nor respected abroad.

jesty, that the said Treaty doth, in our opinion,
"And we beg leave to declare to your Ma-
contain all necessary stipulations for maintain-

due care is taken therein for the support of the
and possessions of this crown; and that all
the losses suffered by the merchants."
trade of this kingdom, and for the repairing

The King's Answer.] His Majesty's Answer was as follows:

"My Lords;

"I am glad the Treaty which I have, in conis so entirely to your satisfaction. By a punc junction with my allies, concluded with Spain, tual execution of our mutual engagements we shall establish a firm and lasting friendship with that crown, which will be of great advantage to the trade and navigation of this kingdom."

Debate in the Commons on the Bill for pro

10. "Because it appears to us, after the most mature consideration of all particulars, that we are much farther obliged than we were before, and than we think we ever ought to be, to meddle in disputes about territories at a great distance from us, and in which our na tional interest seems no way concerned; and since one of the principal contracting parties in that alliance upon which this is built, is not only left out of it, but, as we think, there is reason to believe extremely disobliged by it; and since it seems impossible to make the inhibiting Loans to Foreign Powers.] Feb. 24. troduction of Spanish troops into Tuscany and A Bill, To prevent any Persons, his Majesty's Parma, even by the most prevailing applica- Subjects, or residing within this kingdom; to tion we can use, consistent with the dignity advance any sum of money to any Foreign and quiet of those princes whose towns they Prince, State, or Potentate, without having are to garrison; we own ourselves, upon the obtained Licence from his Majesty, under his whole, incapable of discerning either the Privy Seal, or some greater authority,' was equity or policy of this treaty, which we fear read a second time, in which, inter alia, was will not enable us either to recover what we the following Clause, viz. That the king be have lost, or long to preserve quietly and undis-empowered by Proclamation, which shall take turbed what we yet possess; and which, we fear, instead of extricating us out of those difficulties that we have of late been involved in, and which have been owing in a great measure, in our judgment, to the incapacity of those ministers, by whose counsels we have been entangled in a labyrinth of unnecessary, if not prejudicial treaties and engagements, will probably be the melancholy occasion of fresh disturbances, and bring upon us, already too much impoverished, the misery and confusion of a war, which if once kindled, we are convinced, it will be as difficult to know the end, as to determine the success of such a fatal event. (Signed) Scarsdale, Beaufort, Gower,

Bedford, Thanet, Anglesea, Coventry,
Huntingdon, Bruce, Boyle, Bathurst,
Foley, Bridgewater, Plymouth, Straf-
ford, Northampton, Abingdon, Warring-
ton, Montjoy, Aylesford, Middleton,
Bristol, Willoughby de Broke, Oxford
and Mortimer."

The Lords Address of Thanks for, and Approbation of the Treaty of Seville.] January

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place within a limited time, to prohibit all such Loans of money, jewels or bullion; and 'this Prohibition to continue a limited time, 'under limited forfeitures and penalties, unless dispensed with by the crown; that the At'torney General be empowered by English

Bill in the Court of Exchequer, to compel the effectual discovery on oath of any such 'Loans, and that in default of an Answer to any such Bill, the court shall decree a limited sum against the defendant, refusing to answer. Provided that this Act do not extend to pro'hibit any Subscriptions to the Public Funds, or Trading Companies of foreign' kingdoms.' Hereupon

Sir Robert Walpole” stood up, and endea

Although the Tories had hitherto joiped the discontented Whigs in their attacks against the minister, yet their coalition had never been hearty and sincere. They formed a separate body; and as they did not amount to less than one hundred and ten members, they considered themselves, both from their superior numbers and weight as country gentlemen, entitled ra

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voured to shew that such a bill was always right and necessary; that all possible care had been taken in drawing this bill to obviate every objection, to avoid every inconvenience; that as to any exception which gentlemen possibly might make to the frame of it as it now stands, he conceived they would properly come under consideration, when the bill was committed; that any reasonable alterations might be regularly offered and agreed to in such a committee; and therefore he moved, "That the bill might be committed to a committee of the whole House, on the 4th of March." But this was opposed by

Mr. Daniel Pulteney who declared, That this being the second time of reading this bill, he thought it was proper to give his opinion: and that after having considered it fully, he neither approved it on the whole or in any part, for it would entirely prove ineffectual to all the purposes proposed; it could not possibly answer good ends, and it would certainly produce very bad ones; he thought it would be a restraint upon commerce, a restraint of a dangerous nature; he had heard all the merchants in general complain of its tendency, ther to give than receive an impulse from the other parts of the minority. They did not therefore chuse to pay that regular attendance in parliament, which a constant and uniform warfare required from all those who, however differing in many points, were united in that of distressing the minister. But in the session which opened in 1730, a regular and systematic plan was formed by Bolingbroke, and carried into execution by means of his address and activity. His connection with Pulteney, as the joint manager of the Craftsman, gave him an influence over the Whigs; and his intimacy with sir William Wyndham, secured to him the acquiescence of the Tories. He had persuaded the whole body, that notwithstanding the signature of the convention at Pardo, a peace with Spain still met with insuperable difficulties. That Philip had not relinquished his demand of Gibraltar; that the Spanish depredations would still continue to be committed with impunity: that the British commerce with Spain would either be suspended or annihilated. Measures were therefore concerted to call the ministers to account for their supineness and pusillanimity. The clamours thus excited, extremely popular in a nation jealous of its honour, and anxious to secure its commercial advantages, occasioned great discontents, as well amongst the friends as the enemies of the minister.

"Although the conclusion of the treaty of Seville, which was highly favourable to the commercial interests of England, and honorable to her national glory, disconcerted opposition, and overset the schemes of Bolingbroke in this particular, yet he was too able not to form another plan of attack. Having made a coalition between the discordant parties in the minority, and appointed a general muster in parliament, he still continued to animate the mass

and he wished they might not feel it in a very grievous manuer: That by denying this liberty to all the people of England, by restraining all loans or assistance of money to princes and powers abroad, we made Holland the market of Europe and the mart of money to the nations of the continent: That this was unjust and imprudent in us, when our subjects had money to trade with as well as their neighbours, when his Majesty's subjects might make an advantage even of his very enemies, were it not for this ill judged prohibition: That our neighbours the Dutch would rejoice at such a procedure; they would certainly make this most fortunate accident as beneficial as it could be to their people: That the contrary could not be expected, for not only the late wars of Europe evince that the greatest of dangers, the most formidable enemies, could not be so terrifying as to prevent them from lending their money to their private advantage; but that even in their ancient war with Spain, a war wherein they were treated not only as enemies but rebels, and had they been conquered, they must have been slaves to the victor, they must have submitted to popery and chains: yet their merchants assisted the Spaniards, even with fresh spirit. His labours were now turned to sow discord among the Hanoverian allies, to avail himself of a growing misunderstanding which had recently appeared between England and France, to encourage the emperor to persist in his refusal to admit Spanish garrisons into Parma and Tuscany, and thus to counteract the execution of the treaty of Seville. Under his auspices, and by his direction, the opposition brought forwards many questions calculated to harrass government, and to render themselves popular. The expectations formed by the disaffected were highly sanguine; and a notion prevailed both at home and abroad, that the fall of the minister was unavoidable. Their hopes of success were founded on the disunion in the cabinet; on the supposed aversion of the king to Walpole, and on the disgust of those Whigs who adhered to Townshend.

"The first trial of their strength was made on the question concerning the imperial loan. The Emperor, by the treaty of Seville, having been deprived of liberal remittances from Spain, attempted to borrow 400,000l. in London. A bill was accordingly.presented to the commons for preventing loans to foreign powers, without licence from the King under his privy seal. Had the ministry permitted the loan, they would have been abundantly and deservedly reproached: advocates, however, against the prohibition were not wanting. The hardships of all restraints, the disadvantage to us and the advantage to the Dutch, were specious pretences. Walpole took an active share in combating the arguments of opposition, and the question was carried. A sufficient justification of the measure was, that the want of money compelled the court of Vienna to submit to terms of accommodation." Coxe's Walpole.

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lost the money they unhappily advanced in those fatal, those faithless scheines.

in that most hazardous juncture, with money, edicts of state, and had nothing but paper for with arms and ammunition; nor could we specie: That notwithstanding this most shamesuppose they would scruple to furnish the em- ful treachery, this great injustice and violation peror also with the very same assistance, wnep- of the laws of nations, the ministry never interever he asked it, as had always been practised posed with the least good office for their sufsince the first foundation of that wise republic.fering fellow subjects, who have irrecoverably He added, That this bill was a general prohibition, extending to all princes, states, or potentates whatever: That thus we were wholly disabled to assist the best allies, the truest friends, and those who really well deserved our aid: That he was credibly informed, that the king of Portugal, to whom we could have no exception, very frequently horrowed money of our merchants residing within his dominions; and that it could not be denied him, without disobliging a prince on whose favour our commerce depends, nay, exposing it to his severest displeasure: That should a proclamation issue here, the British subjects who reside in Portugal, or more remote dominions, may contract for loans, though liable to penalties, of which they may be wholly unapprized: That he had therefore the most powerful motives to throw out the Bill, because it prevented the people of England from aiding their friends and allies; but what was more, it might involve many innocent persons in unavoidable guilt, and expose them to the heavy pains of unknown crimes. But his principal objection to this Bill was the power of licensing reserved thereby to the crown: That he believed it a power the King would apply to the welfare and advantage of the people, therefore he was not against it, as a power in the hands of the King but he knew it would be influenced by an administration; that whenever these licences issued, it must be through the hands of the ministers; and whilst such a prohibition continued, he knew not but the licensing trade might become a new branch of their business, and a managing minister might make it, by tolerable husbandry, an article of 20, 30, or 40,000l. a year; and that therefore they might easily see it was not for the honour of the King, or the interest of his subjects, that any suth Bill was contrived, but that it was wholly designed for creating of profitable jobs, and making a market of the merchants. That he opposed this bill, because it made the Court of Exchequer a Court of Inquisition: That it gave new, great, and extraordinary powers to the crown, already armed, in his opinion, with weighty and terrible authority: That whilst it restrained our merchants from assisting the princes and powers of Europe, it permitted our stock jobbers to trade in their funds without any interruption: That he knew for whose benefit, this complaisance was designed, but that jobbing abroad, in the stocks of foreign nations, was what we should least encourage, and what we ought most to prohibit; for we have suffered severely by that means already, and our ministry would never give us relief or assistance; and thus our people, when they trusted their money with our faithful allies the French, in the affair of the Mississipi, were ruined and betrayed by thei!

:

Sir Robert Walpole replied, That he thought those objections more proper for the consideration of the House, in a Committee of the whole House, where every paragraph would be debated; where every member might reply as often as occasion required, and fully pursue the inquiry: That he did not desire this Bill for any advantage to himself, for any accession of extraordinary powers to the crown, or for any thing else, but the pressing occasion, the apparent necessity, of this important conjuncture :. That if this Bill was committed, he would heartily concur in every amendment that could be with reason proposed: That he would freely consent the Committee should make it a temporary law, should enact it for a short duration, and limit the continuance for a very small space of time: That the honourable member, who spoke last, had departed from the question before them; had opened a charge against France, and had brought in the old Mississippi affair, in debating a particular Bill on an argument about lending money: That he thought it a weak reasoning, that we should not do ourselves justice in this point, because that our neighbours had treated us ill in another; and because that the French had not yielded us all we could wish for, that therefore the Parliament should not in this case do all that they ought. He added, Why was not this matter laid open in the Committee on the State of the Nation, but that this was an objection indeed to the French, like all other complaints against France; it was raised on occasion of proper precautions to prevent a war with the emperor: That he was fully convinced, this Bill was a matter of great importance and necessity: That he had been so tender in this argument, that he had not even said what he was authorized to say; he had meant no aspersions or reflections on any gentlemen; he was willing that this and all other debates should be managed with decency and candour: But since that these things had thus passed, he was thereby provoked to declare, what he knew, what he had the King's leave to declare, and what would effectually silence the debate; that he was very much inclined to say it, he would say it, if the gentlemen required it; [Here several members called out for this affair] he would say it before he sat down: This Bill was not drawn or promoted from any other view than its great necessity, its being now absolutely expedient to the peace of Europe, and the general repose of mankind; for he could say it, he had the King's leave to declare it; viz. That there was at this time a subscription transacted for the service of the emperor, and money was raising for his use, no less than the sum of 400,000l.

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