make it; and what is a delay, which is all this magnified convention is sometimes called, to produce? Can it produce such conjunctures as those you lost, while you were giving kingdoms to Spain, and all to bring her back again to that great branch of the House of Bourbon which is now thrown out to you with so much terror? If this union be formidable, are we to delay only till it becomes more formidable, by being carried farther into execution, and more strongly cemented? But be it what it will, is this any longer a nation, or what is an English Parliament, if, with more ships in your harbours than in all the navies of Europe, with above two millions of people in your American colonies, you will bear to hear of the expediency of receiving from Spain an insecure, unsatisfactory, dishonourable convention? Sir, I call it no more than it has been proved in this debate; it carries fallacy, or downright subjection, in almost every line. It has been laid open and exposed in so many strong and glaring lights, that I can pretend to add nothing to the conviction and indignation it has raised.
Sir, 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
Continue reading on your phone by scaning this QR Code
Tip: The current page has been bookmarked automatically. If you wish to continue reading later, just open the
Dertz Homepage, and click on the 'continue reading' link at the bottom of the page.