as to the great national objection—the searching your ships—that favourite word, as it was called, is not omitted, indeed, in the preamble to the convention, but it stands there as the reproach, of the whole—as the strongest evidence of the fatal submission that follows. On the part of Spain, an usurpation, an inhuman tyranny, claimed and exercised over the American seas; on the part of England, an undoubted right, by treaties, and from God and nature, declared and asserted in the resolutions of Parliament, are referred to the discussion of plenipotentiaries, upon one and the same equal foot. Sir, I say this undoubted right is to be discussed and to be regulated. And if to regulate be to prescribe rules (as in all construction it is), this right is, by the express words of this convention, to be given up and sacrificed; for it must cease to be anything from the moment it is submitted to limits.
The Court of Spain has plainly told you (as appears by papers upon the table) you shall steer a due course; you shall navigate by a line to and from your plantations in America; if you draw near to her coasts (though from the circumstances of that navigation you are under an unavoidable necessity of doing it) you shall be seized and confiscated. If, then, upon these terms only she has consented to refer, what becomes at once of all the security we are flattered with in consequence of this reference? Plenipotentiaries are to regulate finally the respective pretensions of the two crowns with regard to trade and navigation in America; but does a man in Spain reason that these pretensions must be regulated to the satisfaction and honour of England? No, Sir, they conclude, and with reason, from the high spirit of their administration, from the superiority with which they have so long treated you, that this reference must end, as it has begun, to their honour and advantage.
But gentlemen say, the treaties subsisting are to be the measure of this regulation. Sir, as to treaties, I will take part of the words of Sir William Temple, quoted by the honourable gentleman near me; 'It is vain to negotiate and make treaties, if there is not dignity and vigour to enforce the observance of them'; for under the misconstruction and misrepresentation of these very treaties subsisting, this intolerable grievance has arisen; it has been growing upon you, treaty after treaty, through twenty years of negotiation, and even under the discussion of commissaries, to whom it was referred. You have heard from Captain Vaughan, at your bar,[1] at what time these injuries and indignities were continued. As a kind of explanatory comment upon the convention Spain has thought fit to grant you, as another insolent protest, under the validity and force of which she has suffered this convention to be proceeded upon, 'We'll treat with you, but we'll search and take your ships; we'll sign a convention, but we'll keep your subjects prisoners, prisoners in Old Spain; the West Indies are remote; Europe shall be witness how we use you.'
Sir, as to the inference of an admission of our right not to be searched, drawn from a reparation made for ships unduly seized and confiscated, I think that argument is very inconclusive. The right claimed by Spain to search our ships is one thing, and the excesses admitted to have been committed in consequence of this pretended right, is another; but surely, Sir, reasoning from inferences and implication only, is below the dignity of your proceedings, upon a right of this vast importance. What this reparation is, what sort of composition for your losses, forced upon you by Spain, in an instance that has come to light, where your own commissaries could not in conscience decide against your claim, has fully appeared upon examination; and, as for the payment of the sum stipulated (all but seven and twenty thousand pounds, and that, too, subject to a drawback), it is evidently a fallacious nominal payment only. I will not attempt to enter into the detail of a dark, confused, and scarcely intelligible account; I will only beg leave to conclude with one word upon it, in the light of a submission, as well as of an adequate reparation. Spain stipulates to pay to the Crown of England ninety-five thousand pounds; by a preliminary protest of the King of Spain, the South Sea Company is at once to pay sixty-eight thousand of it: if they refuse, Spain, I admit, is still to pay the ninety-five thousand pounds—but how does it stand then? The Assiento contract is to be suspended; you are to purchase this sum at the price of an exclusive trade, pursuant to a national treaty, and of an immense debt of God knows how many hundred thousand pounds due from Spain to the South Sea Company. Here, Sir, is the submission of Spain, by the payment of a stipulated sum; a tax laid upon subjects of England, under the severest penalties, with the reciprocal accord of an English minister, as a preliminary that the convention may be signed; a condition imposed by Spain in the most absolute, imperious manner, and received by the Ministers of England in the most tame and abject. Can any verbal distinctions, any evasions whatever, possibly explain away this public infamy? To whom would we disguise it? To ourselves and to the nation. I wish we could hide it from the eyes of every court in Europe. They see Spain has talked to you like your master; they see this arbitrary fundamental condition, and it must stand with distinction, with a pre-eminence of shame, as a part even of this convention.
This convention, Sir, I think from my soul, is nothing but a stipulation for national ignominy; an illusory expedient, to baffle the resentment of the nation; a truce without the suspension of hostilities on the part of Spain; on the part of England a suspension, as to Georgia, of the first law of nature, self-preservation and self-defence—surrender of the rights and trade of England to the mercy of plenipotentiaries, and in this infinitely highest and sacred point, future security, not only inadequate, but directly repugnant to the resolutions of Parliament, and the gracious promise from the Throne. The complaints of your despairing merchants, the voice of England, has condemned it. Be the guilt of it upon the head of the adviser. God forbid that this committee should share the guilt by approving it!
[Footnote 1: The House of Commons, in a grand committee, in 1737, had heard counsel for the merchants, and received evidence at the bar, on the subject of the Spanish depredations.]
WILLIAM PITT, EARL OF CHATHAM JANUARY 22, 1770 THE DEFENCE OF WEAKER STATES
My Lords, I cannot agree with the noble duke, that nothing less than an immediate attack upon the honour or interest of this nation can authorize us to interpose in defence of weaker states, and in stopping the enterprises of an ambitious neighbour. Whenever that narrow, selfish policy has prevailed in our councils, we have constantly experienced the fatal effects of it. By suffering our natural enemies to oppress the Powers less able than we are to make a resistance, we have permitted them to increase their strength; we have lost the most favourable opportunities of opposing them with success; and found ourselves at last obliged to run every hazard, in making that cause our own, in which we were not wise enough to take part while the expense and danger might have been supported by others. With respect to Corsica I shall only say, that France has obtained a more useful and important acquisition in one pacific campaign, than in any of her belligerent campaigns;[1] at least while I had the honour of administering the war against her. The word may, perhaps, be thought singular: I mean only while I was the minister chiefly entrusted with the conduct of the war. I remember, my Lords, the time when Lorraine was united to the Crown of France;[2] that too was, in some measure, a pacific conquest; and there were, people who talked of it as the noble duke[3] now speaks of Corsica, France was permitted to take and keep possession of a noble province; and, according to his Grace's ideas, we did right in not opposing it. The effect of these acquisitions is, I confess, not immediate; but they unite with the main body by degrees, and, in time, make a part of the national strength. I fear, my Lords, it is too much the temper of this country to be insensible of the approach of danger, until it comes with accumulated terror upon us.
My Lords, the condition of His Majesty's affairs in Ireland, and the state of that kingdom within itself, will undoubtedly make a very material part of your Lordships' inquiry. I am not sufficiently informed to enter into the subject so fully as I could wish; but by what appears to the public, and from my own observation, I confess I cannot give the Ministry much credit for the spirit or prudence of their conduct. I see that, even where their measures are well chosen, they are incapable of carrying them through without some unhappy mixture of weakness or imprudence. They are incapable of doing entirely right. My Lords,
