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Anno 12. Geo. II. But I find, that not only the Inability of our antient Allies, but the prefent formidable Power of France, must be brought as an Argument for our tamely fubmitting to the moft heinous Indignities. I fhall readily grant, my Lords, that for almost these twenty Years, France has been making a very good Use of our Blunders. I fhall grant, that by fo doing they have greatly increased their Trade, and of late increased their Dominions. But can we think that France would fupport Spain in a Claim against us, which would be a bad Precedent for themfelves? Will France ever fubmit to have their Merchant-fhips fearched on the open Seas by Spain, or any other Power whatever? Will France ever allow Spain to prefcribe to them, what fort of Goods their Merchant-fhips fhall carry from one Part of their own Dominions to another? No, my Lords, they will never fo much as treat of any fuch Claim: They will never be fo weak as to refer fuch a Claim to be regulated by Plenipotentiaries; and they know that, if they fhould affift Spain in establishing fuch a Claim against us, it would foon be made a Precedent for fetting up the fame Claim against them. But fuppofe France fhould join with Spain in a War against us, if we are united amongst ourselves, and governed by a wife and vigorous Administration, we have nothing to fear from both. They can attack us no Way but by Sea; and upon that Element we are fuperior to both. Our Trade has been carried on, and has flourished in Time of War: It has flourished more in Time of War, than it has lately done in what fome amongst us have called a Time of Peace. We have a Navy to convoy and protect our Merchant-Men and by a proper Difpofition of our Naval Force, we might make it dangerous for any foreign Privateer to fet her Nofe to the Sea: From hence we may reasonably suppose, that few or no Privateers would any where appear against us; for as Privateers are generally fitted out by private Men for the fake of Plunder, none fuch will be fitted out, when there is great Danger, and little to be got; therefore, if the Seas fhould fwarm with Privateers, it would be with Privateers under British Colours, which would oblige our Enemies to give over all Manner of Trade; for if they should carry on their Trade by fingle Ships, they could not protect themselves against our Privateers; and if they carried it on by Fleets and Convoys, they could not protect themfelves against our Squadrons of Men of War. This would put an entire Stop to their Trade, which would of Course be a great Encouragement to the Trade of this Kingdom; and as neither France nor Spain could long support themselves without any Trade, this alone would foon oblige them to fubmit to juft and equal Terms.

Our

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Our Situation therefore, my Lords, with regard to fo- Anno 12. Geo. II. reign Affairs, is not fo terrible as it has been represented. It is, indeed, formidable; but it has become fo, not by a vigorous, but a pufillanimous Conduct. And as to our domeftic Affairs, I fhall moft readily admit, that they are not in fo happy a Situation as they might have been. A great Part of our Debts might have been paid off, and most of our grievous Taxes abolished, if for these twenty Years paft we had kept up no useless Armies, nor fitted out any uselefs Squadrons. It is this that makes our People uneasy, it is this that foments Divifions among us. To be infulted and plundered by impotent Neighbours Abroad, and at the fame Time to be loaded with the Charge of maintaining ufeless Fleets and Armies at Home; Fleets and Armies which, instead of protecting us, ferve for nothing but to prevent our taking Vengeance of those that have injured us: This, I fay, would make any People upon Earth uneafy. Change but your Measures, my Lords: Let your Fleets and your Armies be a Terror to your Enemies, inftead of being a Terror to your own People; and you will find that every Man will chearfully pay thofe Taxes that are neceffary for maintaining them. Notwithstanding our bad Management, we could ftill raise great Sums for supporting a juft and neceffary War; and, by good Oeconomy, and reducing the Expence of our civil Government, we could apply a great Part of what is now raised to the fame Purpose. The People will never grudge the Expence they are put to in vindicating their juft Rights and Privileges; but they grudge to see their Subftance eat up by useless Officers, or Penfioners, either civil or Military; efpecially, when they fufpect, that those Officers, and those Penfioners, are kept in pay, for no other reafon but to take their Subftance from them in a legal Way.

Thus much, my Lords, I have been obliged to fay of our prefent Situation, both Foreign and Domeftic, in order to fhew, that, however low we may be brought by our paft Conduct, we are not yet brought fo low as to be obliged to accept of a difhonourable Treaty, or to allow our molt important Rights to be negotiated away by Plenipotentiaries; but, if it were fo, if we were really in fuch a desperate Condition, would it be proper for this Houfe, could we in Honour begin our Seffion with any thing that might look like a Compliment upon our paft Conduct? Ought we not upon fuch a melancholy Occafion to begin with an Address in the most general Terms; and immediately after, enter upon an Enquiry into the State of the Nation, and into the Conduct of those who had brought us into fuch a defpe1738-9.

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rate

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Anno 12.Geo.II. defperate Condition? We may fee, from what his Majesty has, in his Speech, told us of the Convention, that it is fuch a one as we ought not to have accepted of, unless we are in the moft defperate Condition. Therefore, we muft, from what his Majefty has faid in his Speech, conclude, that we muft either cenfure the Treaty, or we must enquire into and cenfure the Conduct of thofe, who have brought us into fuch a defperate Condition, as to be obliged to accept of fuch a Treaty. In thefe Circumftances, can we put any thing into our Addrefs, that may look like an Approbation of our paft Conduct? Can we mention any thing of our late Conduct, especially this Convention, which feems to be the Coup-de-grace, I fay, can we mention it, without testifying, in fome manner or other, our Difapprobation?

I fhall always be for avoiding a War, if poffible; but the Question is not now about avoiding a War. My Lords, we have already made a War neceffary: Our paft Conduct has made it abfolutely neceffary. We have long ago, by our tame Submiffions, made the Spaniards think, that we dare not go to War. It is from hence, that all our late Grievances have proceeded. We have fubmitted fo long, and have fitted out fo many peaceable Squadrons, that they think we dare not ftrike a Blow; and they are now fo much confirmed in this Opinion, that nothing but Striking will make them believe we dare. While they continue in this Opinion, we can expect no equal Terms, nor can we expect they will obferve any Terms they agree to. Whilft one Nation has fuch an Opinion of another, I fhall grant that general Treaties, or general Expreffions in Treaties, are as good as particular. The Nation that has fuch a defpicable Opinion of its Neighbour, will obferve neither; but furely, we are not to confirm Spain still more and more in this Opinion, by accepting of fuch general Terms as we have already found to be ineffectual. We muft ftrike a Blow, if it were for nothing elfe but to make them alter their Opinion; and, when we do ftrike, I hope Care will be taken to give them fuch a Blow as they muft remember.

But, my Lords, as the Queftion now before us is not about what may or must be done, I fhall enlarge no farther upon this Subject. I mentioned it only to fhew the Ridiculousness of our agreeing to treat or negotiate longer with the Spaniards about any thing; and, as his Majefty has told us, that by this Convention we have agreed not only to begin a new Negotiation, but to negotiate about a Claim which we ought never to have allowed to have been brought into any Negotiation; I fay, as his Majefty has told us this, in his Speech from the Throne, and as this is what, I hope, no Lord in

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this House will approve of, as it is what, I think, we ought Anno 12.Geo.II, to cenfure, as it is what we muft cenfure, otherwife the whole Nation will cenfure us, therefore, I must think that the ut moft Complaifance we can fhew in our Addrefs, is not to mention it at all; for which Reason, I fhall be for the Amendment proposed.

Lord Hervey.

My Lords,

As the Propofition now made to you contains no direc& Ap- Lord Herrvey, probation, neither of the Convention, nor of any Thing that has been lately tranfacted; as the Expreffions are fo general, that, in my Opinion, they do not fo much as infinuate, that you do approve, or that you approve of any Part of our late Conduct; I cannot think that your agreeing to what is propofed will meet with any Cenfure without Doors: I am fure it can meet with no just Cenfure.

My Lords, the wifeft, the moft neceffary Refolutions we can come to, may be misinterpreted or mifrepresented by fome feditious or ill-defigning Men without Doors; but, to fuch Mifinterpretations or Mifreprefentations we ought never to fhew the least Regard, unless it be to punish the Authors, as often as they can be detected and apprehended. In all Cafes that come before us, we ought to confider and regard only our Duty as Members of this House; and as I think there is nothing in the Addrefs propofed, that can be looked on in any other Light, than as Expreffions of our Duty and Affection to our Sovereign, I must think that my Duty, as a Member of this Houfe, obliges me to agree to it without any Amendment. Our agreeing to the Amendment propofed would, in my Opinion, look as if we had, at present, fome fecret and extraordinary Reason for limiting and setting Bounds to thofe Expreffions of Respect and Esteem for our Sovereign, which are ufual upon fuch Occafions; and, as no Part of his Majesty's late Conduct can furnish us with the leaft Shadow of Reafon for doing fo, I fhall be against our agreeing to any thing, that may make the People without Doors imagine, or fufpect that we have any such Reafon.

With regard, my Lords, to the Convention lately concluded between his Majesty and the King of Spain, as it is not yet laid before us, it cannot properly be brought into this Debate. Both within Doors and without, it ought to be judged favourably of, till fome Proof to the contrary appears; but if we agree to this Amendment, it will at least make the People without Doors judge very unfavourably of the Convention; and I do not think we ought, without good Grounds, to raise a Sufpicion of the Conduct, even of

the

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Anno 12.Geo.II. the Administration. When I am convinced, that our Minifters have done any thing that is wrong, I fhall be as ready to disapprove, I fhall be as ready to cenfure, as any Lord in this Houfe; but as it is for the public Good, that our People should have a Confidence in those that govern them, when they deserve it, I fhall never be for agreeing to any thing that may leffen that Confidence, till I am fully convinced that they deferve no Confidence; which, I think, none of your Lordships can be, from any thing mentioned in his Majefty's Speech. There is nothing in his Majefty's Speech that can make us judge amifs of the Convention, or of any of the Measures made ufe of for bringing it to a Conclufion. The fearching of our Ships upon the high Seas, is not referred to our Plenipotentiaries, nor is to be regulated by them, or by any other Minifter whatever. I do not know that the Spaniards ever directly pretended to any fuch Right. They pretended, and they have a Right to pretend, that none of our Ships ought to carry on an illicit Trade with their Plantations. We pretend the fame with regard to our Plantations; and we have a mutual Right to prevent this illicit Trade, by all those Means that are allowed by the Law of Nations; but the Spaniards have lately made use of fuch Means, as are not allowed by the Law of Nations, fuch as are inconfiftent with the Freedom of our Trade and Navigation.

1

This, my Lords, is what we complain of: This is what we juftly complain of: This is the present chief Difpute between us and Spain, and this is not only a Point that admits of a Difcuffion, but a Point that cannot be fettled without a Difcuffion. We must concert together what Means they may make use of, what Means we may allow them to make use of, for preventing an illicit Trade between the Subjects of the two Nations. This is not to be settled at once, nor is the Question to be answered by a Yes or a No. They muft, on their Part, take care, that no back Door is left open for carrying on a contraband or illicit Trade, under the Pretence of a free and uninterrupted Navigation; and we, on our Part, must take great Care, that no Pretence shall be given to the Spanish Guarda Coftas for interrupting our lawful Trade in the American Seas, by any Measure they may think neceffary for guarding their Coafts against a contraband and unlawful Trade. Your Lordships must fee that this a Point which requires great Deliberation; and this only is what is, by the prefent Convention, referred to be regulated within a limited Time by Plenipotentiaries.

In this, my Lords, there is nothing difhonourable, there is nothing difadvantageous to the Nation. If the Spaniards

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fhould