Undoubtedly the English had not a shadow of right on their side; they were encouraging the breaking of treaties and flagrant political dishonesty. But under the brutal economic codes of the time there was no law but the law of the stronger; England might take if she had the power and Spain might keep if she could. The turbulent English mobs, clamouring for war, were shrewder than Walpole, shrewder than Burke, for they knew that to an island and trading people outlets for their commerce were matters of sheer necessity. The Spaniards strongly disliked the Asiento Treaty, and, as is well known, English merchants, under cover of the privilege, carried on extensive smuggling operations against which the Spanish _guarda costas_ retaliated vigorously. It was in 1731 that they perpetrated upon Captain Jenkins the outrage which was to make so great a stir some years later. It may be added that Jenkins did really lose his ear on the high seas, and that the insinuations that the whole affair was a fabrication are themselves quite without foundation.[32] However, not for nearly seven years was there any attempt to make political capital out of it, although the smuggling question remained a constant source of irritation between the two countries. It was at the beginning of 1738 that circumstances were favourable for an outbreak, for a powerful opposition was longing to bring about the fall of Walpole, and his position was weakened by the death of Queen Caroline. No weapon could be more effectual than the accusation of being insensible to the claims of national honour and of tamely suffering insults from Spain. On March 30th Carteret, in the House of Commons, carried an address against the right of search, and Walpole, who was anxious on all grounds to settle the matter, expedited the negotiations which had been for some time proceeding with Spain on the subject of compensation. In January, 1739, the terms of the agreement were published to the following effect. The Spaniards were willing that damages against themselves should be assessed to the amount of £200,000, but, on the other hand, the English Government acknowledged a counterclaim of £60,000, on account of the destruction of the Spanish fleet by Byng in 1718. With this and other possible deductions and abatements, the compensation seemed rather meagre, and the whole question of right of search being left to a Commission's decision, there was nothing in the findings that could be agreeable to Englishmen. A storm at once rose. The Prince of Wales voted against the Government. Young Pitt thundered against Walpole. The Prime Minister had to give way. His colleagues were in favour of war, and, as often happened in such struggles, Admiral Vernon was despatched, long before a declaration of war, "to destroy the Spanish settlements and to distress their shipping." The national feeling continued to rise, and great were the manifestations of popular joy on the occasion of the formal declaration