his Majesty's ships employed there, is depriving us of such lights as seemed highly proper for us on this occasion.

natural strength of the kingdom; and this negligence was highly aggravated by the refusal of .administration to consent to an address proposed by a noble lord, in this House, last sessions, for a moderate and gradual augmentation of our naval forces. 5. Because the negociation, entered into much too late, was, from the commencement, conducted upon principles as disadvantageous to the wisdom of our public counsels, as it was finally concluded in a manner disgraceful to the honour of the crown of Great Britain; for it appears, that the court of Madrid did disavow the act of hostility as proceeding from particular instructions, but justified it under her general instructions to her governors; under the oath by them taken, and under the established laws of America. This general order was never disavowed nor explained; nor was any disavowal or explanation thereof ever demanded by our ministers; and we apprehend that this justification of an act of violence under general orders, established laws, and oaths of office, to be far more dangerous and injurious to this kingdom, than the particular enterprise which has been disavowed, as it evidently supposes that the governors of the Spanish American provinces, are not only authorised, but required without any particular instructions to raise great forces by sea and land, and to invade his Majesty's possessions in that part of the world, in the midst of profound peace.

"4. Because, from the Declaration and Correspondence laid before us, we are of opinion that the ministers merit the censure of this House, rather than any degree of commendation, on account of several improper acts, and equally improper omissions from the beginning to the close of this transaction. For it is asserted by the Spanish minister, and stands uncontradicted by ours, that several discussions had passed between the ministers of the two courts, upon the subject of Falkland's Islands, which might give the British ministers reason to foresee the attack upon that settlement that was afterwards made by the forces of Spain. Captain Hunt also arriving from thence so early as the 3d of June last, did advertise the ministers of repeated warnings and menaces made by Spanish governors and commanders of ships of war; yet so obstinately negligent and supine were his Majesty's ministers, and so far from the vigilance and activity required by the trust and duty of their offices, that they did not even so much as make a single representation to the court of Madrid, which, if they had done, the injury itself might have been prevented, or at least so speedily repaired, as to render unnecessary the enormous expences to which this nation has been compelled, by waiting until the blow had been actually struck, and the news of so signal an insult to the crown of Great Britain had arrived in Europe. To this wilful, and therefore culpable neglect of representation to the court of Spain, was added another neglect; a neglect of such timely preparation for putting this nation in such a state of defence as the menacing appearances on the part of Spain, and the critical condition of Europe required. These preparations, had they been undertaken early, would have been executed with more effect and less expence; would have been far less distress-principles of the law of nations to call for ing to our trade, and to our seamen; would have authorised us in the beginning to have demanded, and would in all probability have induced Spain to consent to an immediate, perfect, and equitable settlement of all the points in discussion between the two crowns; but all preparation having been neglected, the national safety was left depending rather upon accidental alterations in the internal circumstances of our neighbours, than in the proper and

6. Because this power, so unprece dented and alarming, under which the Spanish governor was justified by his court, rendered it the duty of our ministers to insist upon some censure or punishment upon that governor, in order to demonstrate the sincerity of the court of Madrid, and of her desire to preserve peace by putting at least some check upon those exorbitant powers asserted by the court of Spain to be given to her governors. But although our ministers were authorised not only by the acknowledged

such censure or punishment, but also by the express provision of the seventeenth article of the treaty of Utrecht, yet they have thought fit to observe a profound silence on this necessary article of public reparation. If it were thought that any circumstances appeared in the particular case of the governor to make an abatement or pardon of the punishment adviseable, that abatement or pardon ought to have been the effect of his Majesty's cle

the enterprise against Falkland's islands, and the long subsequent delay of justice; it was not necessary to this demand, that it should be made in any improper or offensive language, but in that stile of accommodation which has ever been used by able negociators.

Spain, on which her act of violence was grounded, and her offers of restitution originally made.

"11. Because the Declaration, by which his Majesty is to obtain possession of Port Egmont, contains a reservation or condition of the question of a claim of prior right of sovereignty in the Catholic king to the whole of Falkland's islands, being the first time such claim has ever authentically appeared in any public instrument, jointly concluded on between the two courts. No explanation of the principles of this claim has been required, although there is just reason to believe that these principles will equally extend to restrain the liberty, and confine the extent of British navigation, No counter claim has been made on the part of his Majesty to the right of sovereignty, in any part of the said island ceded to him; any assertion whatsoever, of his Majesty's right of sovereignty, has been studiously avoided, from the be

"8. Because an unparalleled and most audacious insult has been offered to the honour of the British flag, by the detension of a ship of war of his Majesty's for 20 days, after the surrender of Port Egmont, and by the indignity of forcibly taking away her rudder; this act could not be supported upon any idea of being neces-ginning to the accomplishment of this unsary to the reduction of the fort, nor was any such necessity pretended. No reparation in honour has been demanded for this wanton insult, by which his Majesty's reign is rendered the unhappy æra in which the honour of the British flag has suffered the first stain with entire im-sential dignity of his Majesty's crown, and punity.

"9. Because the Spanish Declaration, which our ministers have advised his Majesty to accept, does in general words imply his Majesty's disavowal of some acts on his part, tending to disturb the good correspondence of the two courts; when it is notorious. that no act of violence whatsoever had been committed on the part of Great Britain. By this disavowal of some implied aggression in the very Declaration, pretended to be made for reparation of the injured dignity of Great Britain, his Majesty is made to admit a supposition contrary to truth, and injurious to the justice and honour of his

crown.

"10. Because in the said Declaration, the restitution is confined to Port Egmont, when Spain herself originally offered to cede Falkland's island; it is known that she made her forcible attack on pretence of title to the whole; and the restitution ought, therefore, not to have been confined to a part only, nor can any reason be assigned, why the restitution ought to have been made in narrower or more ambiguous words than the claims of

happy transaction; which, after the expence of millions, settles no contest, asserts no right, exacts no reparation, affords no security, but stands as a monument of reproach to the wisdom of the national councils, of dishonour to the es

of disgrace to the hitherto untainted honour of the British flag.

"After having given these reasons, founded on the facts which appeared from the papers, we think it necessary here to disclaim an invidious and injurious imputation, substituted in the place of fair argument, that they who will not approve of this convention, are for precipitating their country into the calamities of war: we are as far from the design, and we trust much farther from the act of kindling the flame of war, than those who have advised his Majesty to accept of the Declaration of the Spanish embassador. We have never entertained the least thought of invalidating this public act; but if ministers may not be censured, or even punished, for treaties which, though valid, are injurious to the national interest and honour, without a supposition of the breach of public faith in this House, that should censure or punish, or of a breach of the laws of humanity in those who propose such censure or punishment, the use of the Peers, as a controul on ministers, and as the best, as well as highest, council of the crown, will be rendered of no avail.

The Declaration of the Spanish minister states that things shall be restored in the Malouine, at the port called Egmont, precisely to the state in which they were before the 10th of June.

We have no doubt but a Declaration | whole and complete matter which forms more adequate to our just pretensions, this convention, together with his Caand to the dignity of the crown, might tholic majesty's recognition and execution have been obtained without the effusion of of it. blood; not only from the favourable circumstances of the conjuncture, but because our just demands were no more than any sovereign power, who had injured another through inadvertence, or mistake, ought, even from regard to its own honour, to have granted: and we are satisfied, that the obtaining such terms would have been the only sure means of establishing a lasting and honourable peace. (Signed) Richmond, Bolton, Manchester, Tankerville, Chatham, Wycombe, Craven, Boyle, Devonshire, Audley, King, Torrington, Milton, Abergavenny, Fitzwilliam, Ponsonby, Scarborough, Archer." "Dissentient'

"Because, though the disavowal may be considered as humiliating to the court of Spain, the Declaration and Acceptance, under the reservation of the question of prior right, do not, in my opinion, after the heavy expences incurred, either convey a satisfaction adequate to the insult on the honour of Great Britain, or afford any reasonable grounds to believe that peace, on terms of honour, can be lasting.

"RADNOR."

Debate on Governor Pownall's Motion respecting the late Negociation with Spain, concerning Falkland's Island.] March 5. Governor Pownall brought forward the consideration of the consequences of the late negociation and treaty with Spain. He spoke as follows:

The Acceptance of lord Rochford understands and recites the Declaration as containing terms of a very different and more extensive nature, viz. that prince Masserano does engage that all things shall be immediately restored to the precise situation in which they stood before the 10th of June.

His Catholic Majesty, in his order for the execution of what he calls this convention, recites, that the engagements contained in it, are for the reposition of the in which it stood before the 10th of June: island of Great Malouine, in the situation yet his orders extend only to the restoring of Port and Fort Egmont, with all its ammunition, stores, and appurtenances, just in the terms in which a lawyer would Convey a cottage; so that if our court understood that this convention went to engagements for the restoring Falkland's island, which the Spanish minister offered, the convention is not by these orders ful

filled and executed.

This fluctuation of terms and proceedtrue spirit but the wisdom of his Majesty's ings in the negociation marks not only the orders, (which lord Weymouth's letter declares his Majesty would invariably adconditions should be accepted; and yet here to) that no convention under any As his Majesty has been pleased to lay Declaration and Acceptance, is, both in the act contained in the two papers, the before this House the king of Spain's rename and thing a convention entered into cognition of the Convention signed at London, containing his orders for the exe-by two contracting parties, under condicution thereof, by the delivery of Port and Fort Egmont, I must beg that that paper be read, after first reading lord Wey. mouth's letter to Mr. Harris, dated Oct. 17, 1770. The papers being read, he continued,

As the matter of the late negociation could not be said to be complete until this paper was received, I beg leave now, before I enter into my argument upon this business, to state in one point of view the

From a pamphlet published in 1771, entitled "Two Speeches of an Honourable Geutleman on the late Negotiation and Convention with Spain,"

question of right, and convening in a point tions ascertained by a protest as to the to be executed by his Catholic majesty. His Catholic majesty executes it (putting his own interpretation upon it) only in part, by giving those orders which have been now read to you.

The preamble to the order recites, that the convention engages for the reposition or reinstating the island in the precise situation in which it was before the evacu

ation; and yet the orders given are for the restoring of the fort and port only. The precise situation in which our court must understand it to have been, was, that our establishment extended to the pos

session, and the sovereignty of the island. The fort therefore should have been restored under that idea; but it is restored under an idea exclusive of both possession and sovereignty.

| before this House the two parts of which it consisted-the Declaration of the Spanish minister, and the Acceptance by which his own minister declared he had received satisfaction; his Majesty was then pleased to submit to the consideration of this House, the satisfaction which he had accepted, by the disavowal made, and restitution promised on the part of the Spanish minister.

The honour of the imperial crown of Great Britain being reposed in his Majesty's hands, it is the duty of his faithful subjects to follow his sense of it. They did so unanimously, when he said that it was deeply affected; and they do most anxiously hope that his Majesty may not be disappointed, while he thinks that he has received satisfaction on those points.

A majority of this House, in which, according, to the forms of parliament, the whole House is included, went some steps farther, and expressed their entire satisfaction on the conclusion of this matter: a considerable body of gentlemen, not thinking that they had the opportunity given to them of examining the facts and the nature of the negociation, not considering the business as then concluded, were not able to conceive that satisfaction, which others felt and expressed.

The convention, by the protest inserted in it, considers the question of right as a matter standing referred, to be hereafter discussed. And the point in which the contracting parties convene at present is, to put all things in such a situation, that they may come to that question, precisely as if no act of hostility had been done. See then how the claim of each party stood before that act of hostility, which drove us from our possessions. We claim a right, from priority of discovery and occupancy. In the exercise of this, his Majesty makes a settlement, and affixes the Sovereignty of the imperial crown of Great Britain to it. The Spaniards on the other hand claim under a Papal grant all lands and islands discovered, or that shall be discovered, within general indefinite descriptions of parcels of the globe. If therefore the island is not restored to us under those actual circumstances of possession and sovereignty as we claim it, the supposed possession and sovereignty of the Spaniards, assumed in virtue of an ideal jurisdiction derived from the Pope, must take place; and the question is prejudged. That matter being now decided, and On the other hand, by reinstating, the peace between the crowns of Spain and crown of Great Britain in such posses- Great Britain being now formally resion and sovereignty as it claims to have stored; and standing as it does, and as it held, protesting the meanwhile that such must do for the future on the basis of this reposition or reinstating shall not affect convention, the execution of which is laid the question of the actual right, as it shall before us; it becomes the duty of every or may be made good, the question would member of the community, of every memstill remain open. But if it shall prove in ber of this House, to unite their aid and the event, that the Spanish court will not assistance, and advice also where that come to the question of right in this view shall become proper, to give stability, seof it, and that we cannot join issue in the curity, and permanency to this foundation. other without betraying our rights, then this If there be any thing which appears susbusiness will train on just as all negocia-picious or defective, either in the ground tions have done, and will end just as all such conventions have ended, not in securing peace, but in giving future occasion for war.

Before I enter into the further stating of this business, I will beg leave to recapitulate how far this House hath already gone in its deliberation on this matter.

His Majesty having been pleased, when the convention was entered into, to lay

* Non ut possideret, sed ut in possessione esset; est autem longe diversum: aliud est enim possidere, aliud in possessionem esse. Pomponius in Digest. 44, lib, 2, § 10.

on which it stands, or in the materials of which it is composed, it becomes a consequence of that duty, to point out that defect, so that it may be repaired before it is too late. It is in this view that I shall offer the consideration of some matters to the House; and it is under these hopes, that with the leave of the House, I shall conclude with a motion that will point the necessity of future attention, in consequence of past neglect.

By the law of nations, all sovereign states are reciprocally responsible to each other for all delegated and subordinate powers deriving from or existing under