matter to his sovereign; but, under a claim of right, established on pretended laws of America, paramount to treaty and good faith, he commences hostilities; drives the British subject from his possessions, and accompanies his act of hostility with a wanton ignominious insult on the British flag, which no circumstances could justify, and which carries the insult home to the sovereignty itself. He treats the British subjects, exerting this right by commission, and under authority of the crown of Great Britain, as doing an act of confessed invasion, as convicted interlopers. By this act of hostility, thus exerted, the honour of his Majesty's crown, and the security of the rights of his people, become indeed deeply affected. This was his Majesty's just sense of it: he demanded immediate reparation. The conduct of seeing this demand carried to its effect was committed to his ministers; and the business of this day is, to inquire how they have executed this most important commission, so essential to the honour of the crown, and to the rights of the people. In considering this, I shall now mark the facts which relate to the negociation itself. It commenced about the 12th of September. His Majesty gave orders for the making a demand, that the court of Spain should disavow the act of its goand that it should restore every thing to the same circumstances in which they were before the act of hostility was vernor ; committed. This negociation trained on to the 15th of December, under propositions made by the court of Spain, always inadequate, and mostly inadmissible. Although we are told that Spain shewed from the beginning a disposition to grant every thing which we could, in honour and justice, demand; and that there remained no difficulties, but matter of punctilio only: yet, these mere matters of punctilio had such powerful effect on the English ministry, that the negociation between his Majesty's Secretary of State and the Spanish embassador was frequently interrupted and broken off. It was, from time to time, indeed picked up again, and continued, by an extra-official ministerial negociation between a great minister and the French agent: but such was the crisis to which this matter of punctilio wrought itself, that on the 15th of December, his Majesty's Secretary of State did not think he could safely remain in office conducting that negociation, unless it was brought to some point, precise and determinate. He therefore, on that day, made four propositions to the cabinet. These propositions were rejected; and on the 18th he found it necessary to resign his office. What passed between that day and the 21st, which induced the cabinet to re-consider those propositions, the papers on your table do not inform you: and yet it is certain that something very material must have passed, because, on that day, the 21st, one of these propositions was adopted.-Mr. Harris, your minister at Madrid, was recalled. It is publicly reported, as a matter of notoriety, that letter of prince Masserano, conceived in very strong and decisive terms, made it necessary to bring on this matter again, and brought it to this crisis. Whatever was the cause, the letter of lord Rochford, of this date, fixes this fact. Thus this matter, which is represented to us as having no difficulties but in mere matters of form, occasions a secretary of state to retire from office, and brings the British court to an open rupture, actually declared by the recall of its minister. The fact, which the House here will mark, is, that so far as respects Great Britain, war was determined on the 21st of December On the 27th of December, the king of Spain (as the marquis Grimaldi had informed Mr. Harris he would do) called a grand council, to deliberate on the matter in negociation. At that council, an ultimate proposition, of a tenor and spirit which had already been refused by the court of London, was fixed upon; and the final resolution of the council was, that if that ultimatum was rejected, war must be the immediate result. The House will here remark, that on the part of Spain also, war was determined upon the 27th of December. All negociation between those ministers of Great Britain and Spain, who were commissioned to treat, was broken off. The principals in the quarrel had determined to appeal to arms: whence then came this truce? Here it will be necessary to mark the interposition of his most Christian majesty: but preparatory to this, it will be proper to observe how the kindly ground was first laid in England. A secret extra-official line of negociation has been referred to in this narrative. The thread of this was never broken by punctilios. It was 'a preventer brace to the main line of negociation. When that was broken on the 21st of December, this strictly and closely to the family compact; and if the Spanish minister should be recalled, to come away himself without delay. This letter was an ostensible one, which M. de Guisne had private orders to shew to our ministry previous to communicating the terms of the accommodation. preventer held on by the confidential extra-official negociation; and terms of accommodation were on the 22d treated of, between a great minister and the French agent. This conversation indeed was not perfectly confidential; for although it purported to be a free communication of expedients for accommodation, this great man did not inform the French agent, that Mr. Harris was recalled. If this circumstance should be denied, I beg to recall to that great man's memory, the very strong terms of reproach which were used by this French agent, when on the 4th of January (by lord Rochford's acquainting prince Masserano of the recall) this agent came to the knowledge of the fact. This kindly ground lying thus in England, his most Christian majesty, on the 24th of December, wrote a letter to the king of Spain, informing him of his intentions to dismiss his minister, the duke de Choiseul: he explained to him the reasons, laid before him the internal state of the kingdom, and marked to him the necessity of peace for the present. These dispatches arrived on the 14th of January. Prince Masserano, notwithstanding every deference to, and the most profound respect and reverence for, his Christian majesty, yet finds himself in a predicament of resisting those directions of the king of France: first, as they were contrary to, or at least incongruous with, the prior instructions which he had received from his own court: next, as he might have reason to apprehend that, notwithstanding the full powers which France had to conclude this matter, these full powers might be revoked by the Spanish court, when they came to be informed of the recall of Mr. Harris: and lastly, that as the negotiation between him and the British Secretary of State was broken off, and Mr. Harris actually recalled, he could not negociate upon any terms. These difficulties lasted from this time to the 18th. On that day (the 18th) our ministry determined to give him satisfaction by remanding Mr. Harris back to Madrid. For which purpose, on that day, The dispatches of the king of Spain, which were sent off in consequence of the grand council I have mentioned, arrived at Paris the 2d of January; and the duke de Choiseul being then dismissed, these dispatches came directly into the French king's own hands. He saw that the ulti-four or five messengers were sent different matum contained in them was of a nature that would not be received or complied with by the court of London, and that it could lead only to an open rupture. He therefore did not forward these dispatches; but, retaining them, wrote back to the king of Spain, stating to him the necessity of peace, from the impossibility of France entering at present into war, in aid and assistance to him. In answer to which, the king of Spain referred himself wholly to the king of France; put his honour into his hands; and gave him full powers to conclude for him: desiring him to act exactly as if it was his own case, only to remember that he had the charge of the Catholic king's honour, which was dearer to him than all his dominions, and even than life itself. His Christian majesty being thus vested with full powers from Spain, and matters being thus prepared in England, he forms the terms of the conclusion; and sends them hither to his minister, to be communicated to the Spanish minister: but sends, at the same time, to M. de Guisne a letter, ordering him to adhere ways in order to meet him. Lord Rochford's letter of that date gives as a reason for this, that his Majesty, from the information he had received, had reason to believe that prince Masserano had orders to make fresh proposals. Surely this was but a poor reason for making so essential an alteration in the system of our business, merely on a suggestion that prince Masserano (who, for four months together, had been making propositions always inadequate, and mostly inadmissible) had now fresh orders to make some other propositions. But the information which our court had, gave them sufficient intelligence what those propositions were; and if they had been pleased to lay that information before this House, this House would have seen from whence it came : but that part of information as to this business is not laid before us. As to the other difficulties of prince Masserano, they are said to have been adjusted by the French minister's giving him in writing, assurance of his Christian majesty's having full powers to conclude this business; and also a justification or indem nification for his doing it, under those di- | expedition was undertaken and carried on rections. Upon this ground the matter was concluded on the 22nd of January; the very day that parliament met, and about an hour before it did meet. Had the signing of this matter been deferred two or three days, that is, till Friday the 25th, it could not have been signed at all; for on that day prince Masserano received his recall, ordering him to come away without taking leave. under any especial orders for it; but at the same time says, that the Spanish governor was justifiable, and does justify him, in having undertaken this expedition, by virtue of the powers of his commission, his general instructions, and the established laws of America. Such disavowal, accompanied with a claim of right to justify the governor, in having commenced hostilities under the circumstances Now, Sir, is the business of this accom- and principles referred to, is an insult inmodation signed, not by Spanish orders, stead of a disavowal. The claim of any but under French directions; signed at a such right, on any such principles, is contime when the powers given for concluding trary to every treaty by which we stand in this matter stand actually revoked; when league and amity with the court of Spain; it is not known whether this conclusion is directly contrary to that good faith with will be adopted and confirmed by the king which his Majesty and his ancestors have of Spain; at a time when the Spanish ever executed those treaties. By those ambassador stands recalled, and does no treaties, the sovereigns at peace with each more go to court. Is this a stage of the other, must be responsible that those who business, either for this House to go into act under their delegated powers shall oban approbation of it, or to go up to his serve that peace: and it is expressly stiMajesty with thanks for it, as a matter pulated, that they shall not commence concluded? And if it should not be ac- hostilities without reference to their sovecepted by Spain, would even ministry it- reigns, and without receiving their espeself wish to make so ridiculous a figure as cial commands thereupon. If any of his they must do, in having induced parlia- Britannic majesty's governors in America ment to approve a measure the very con- had committed any act of hostility of this trary of what it may turn out in the event? kind, that act would have been criminal, It will be here observed, that this busi- as not justifiable nor to be justified by their ness has been conducted in two different powers of government; and as being dilines of negociation; the one diplomatic, rectly contrary to their instructions. responsible, upon paper; the other minis- Those charters in which delegated powers terial, irresponsible, on parole: the one of government are granted, have all uniconducted officially on the part of his Ma- formly a clause restraining those who live jesty's secretary of state, by a one uniform, and act under those powers, from doing unremitted demand (such as it was), any act of hostility against any prince or urged with spirit, and broken off with state, or their subjects, who are in league spirit: the other, by a great man, in an and amity with the crown of Great Briextra-official way, picking up a broken tain, under pain of being put out of his thread of negociation, and holding on a Majesty's protection. Those who act kind of spliced and knotted treaty, by with powers of government immediately accommodation with a French agent. under his Majesty's commission, hold those Although the king of France is not ad-powers restricted by special instructions to mitted, on either side, as the mediator avowed; although the minister of this country did publicly disavow all mediation; yet it does appear, that the court of France was permitted to interpose and having, as it were, put both England and Spain in arrest, did finally dictate the terms of their accommodation. We are told that this negociation was, as all demands of honour should be, simple and peremptory; that it consisted but of two words invariably adhered to, disavow and restore.' Let us therefore consider it on these two points. It disavows indeed that this particular the same point. His Majesty's commanders, in the very case now in event, act under special instructions not to proceed to acts of hostility; but, warning off any persons whom they may find on the island, they are ordered to refer the matter to his Majesty, for his special directions therein. The Spanish governor rejects all terms of reference, commences hostilities, and stands justified by his court. That treaty which, in the course of its negociation, recognizes this justification, leads to matters of the utmost importance and danger. This is a point which will require the distinct consideration of this House; and I hope, in a few days, to move them thereto. As to the restitution, it is, in the first place, less than prince Masserano first offered. He offered the restitution of Falkland's island. Our ministers have accepted the restitution of Fort and Port Egmont only. It is, in the second place, a restitution of less than they demanded. They demanded the restitution of every thing, precisely in the same circumstances in which they stood before the act of hostility. Before the act of hostility, his Majesty had exerted a right of possession to the whole island; and affixed the sover reignty of the crown of Great Britain to it. Neither the possession nor sovereignty of the island is restored. The port and fort only, by exclusive, defined words, are restored the sovereignty lies buried in disgrace-the exertion of our right is extinguished and we are come now to the question of right-the points of vacancy and occupancy, possession and sovereignty being abandoned. This kind of exclusive restitution comes from the same mould, and is of the same spirit, as the cession of Annapolis Royal in Acadia; which was supposed to exclude the country in which it stood, and to which it affixed the mark of sovereignty. This restitution purports the same, and will have the same effect as that, which did on this very point mix in with the causes of future war; and this will certainly lead to the same unhappy end. I have now gone through my observations, and have, I think, fully proved, that this business ends in an inconclusive Spanish convention, dictated by French arbitration; in which the disavowal becomes an additional injury; and the restitution a snare, which lays a train for future war: and therefore I must give my voice for the motion which proposes to leave out all that part of the Address that goes to the giving of any approbation to the late negociation, until the matters, on which it stands, shall be more fully discussed; until it be known, what shall be the event of it in fact; and until it shall be manifest in its effect, that it will justify that satisfaction which we are taught to feel, and are called upon to express. At length the House divided upon the question: 271 were for the Address, and 157 against it. The following is a List of the 157 Gentlemen, and the two Tellers, who [VOL. XVI.] voted against the Convention with Spain. Allen, Ben. Bentinck, lord Edw. sir Mat. Germaine, lord Geo. Grenville, Heory Gregory, Rob. Grenville, James Griffin, sir John G. Grove, Wm. C. Halsey, Tho. Hamilton, Wm. G. Molesworth, sir John Montagu, Frederick Debate in the Lords on the Address approving of the Spanish Declaration respecting the Seizure of Falkland's Island.] Feb. 14. The order of the day being read, for taking into consideration the Declaration signed and delivered by prince de Masserano, ambassador extraordinary from his Catholic majesty, the 22nd of January, 1771; and also, copy of the Acceptance, by the earl of Rochford, in his Majesty's name, the 22d of January, 1771, of the Spanish ambassador's Declaration of the same date; and also copies and extracts of letters, &c relating to the same: The Duke of Newcastle moved, "That an humble Address be presented to his Majesty, to return his Majesty our thanks for his gracious communication to this House, of the Declaration signed by the ambassador of his Catholic majesty, which his Majesty has been pleased to accept: "To offer to his Majesty our most sincere acknowledgments for having supported the honour of the crown of Great Britain, by a firm and unvaried adherence to his just demand of satisfaction for the injury received by the violent enterprize against Falkland's island, by which steady and uniform conduct, his Majesty has obtained from the king of Spain, an explicit disavowal of that expedition, together with an engagement to restore things to the precise situation in which they were before the late unjustifiable attempt "To assure his Majesty of our zeal and readiness, on all occasions, to exert our utmost efforts to enable his Majesty to carry into execution such measures as shall be necessary for the support of the honour and dignity of his crown." Then the duke of Manchester proposed an Amendment to be made to the said motion, by leaving out the words from the end of the first paragraph thereof to the end of the motion. Which being objected to, after long debate, the question was put thereupon. It was resolved in the negative. Contents 35; Proxies 3; total 38. Not Contents 92; Proxies 15; total 107. "1. Because it is highly unsuitable to the wisdom and gravity of this House, and to the respect which we owe to his Majesty and ourselves, to carry up to the throne an Address, approving the acceptance of an imperfect instrument, which has neither been previously authorised by any special full powers produced by the Spanish minister, nor been as yet ratified by the king of Spain. If the ratification on the part of Spain should be refused, the Address of this House will appear no better than an act of precipitate adulation to ministers; which will justly expose the peerage of the kingdom to the indignation of their country and to the derision of all Europe. "2. Because it is a direct insult on the feelings and understanding of the people of Great Britain to approve this Declara tion and Acceptance, as a means of secur ing our own and the general tranquillity, whilst the greatest preparations for war are making, both by sea and land, and whilst the practice of pressing is continued, as in times of the most urgent necessity, to the extreme inconvenience of trade and commerce; and with the greatest hardships to one of the most meritorious and useful orders of his Majesty's subjects. "3. Because the refusing to put the questions to the judges upon points of law, very essentially affecting this great ques "To express our satisfaction on the prospect of the blessing of peace being secured to us, as we have no reason to doubt the good faith of his Catholic majesty in the performance of his engagements; and to declare our grateful sense of his Majes-tion, and the refusing to address his Maty's paternal care of his people, in not too hastily engaging them in the hazards and burthens of war: jesty to give orders for laying before this House the instructions relating to Falkland's Islands, given to the commanders of |