“An action was brought, in the court of Common Pleas, in 1773,
by Mr. Anthony Fabrigas, a native of Minorca, against General
Mostyn, the governor of the island. The facts proved at the trial
were, that Governor Mostyn had arrested the plaintiff, imprisoned
him, and transported him to Spain, without any form of trial, on
the ground that the plaintiff had presented to him a petition for
redress of grievances, in a manner which he deemed improper. Mr.
Justice Gould left it to the jury to say, whether the plaintiff’s
behavior was such as to afford a just conclusion that he was
about to stir up sedition and mutiny in the garrison, or whether
he meant no more than earnestly to press his suit and obtain a
redress of grievances. If they thought the latter, the plaintiff
was entitled to recover in the action. The jury gave a verdict
for the plaintiff _with_ £3,000 _damages_. In the following term,
an application was made for a new trial, which was refused by the
whole court.
“The following remarks of the counsel for Governor Mostyn,
on this trial, contain a plain and _naïve_ statement of the
doctrine, _that a dependency is to be governed, not for its
own interest, but for that of the dominant state_. ‘Gentlemen
of the jury,’ said the counsel, ‘it will be time for me now
to take notice of another circumstance, notorious to all the
gentlemen who have been settled in the island, that the natives
of Minorca are but ill-affected to the English, and to the
English government. It is not much to be wondered at. They are
the descendants of Spaniards; and they consider Spain as the
country to which they ought naturally to belong: it is not at all
to be wondered at that they are indisposed to the English, whom
they consider as their conquerors.—Of all the Minorquins in the
island, the plaintiff perhaps stands singularly and eminently
the most seditious, turbulent, and dissatisfied subject to the
crown of Great Britain that is to be found in Minorca. Gentlemen,
_he is, or chooses to be called, the patriot of Minorca_. Now
patriotism is a very pretty thing among ourselves, and we owe
much to it: we owe our liberties to it; but we should have but
little to value, and we should have but little of what we now
enjoy, were it not for our trade. _And for the sake of our
trade, it is not fit that we should encourage patriotism in
Minorca_; for it is there destructive of our trade, and there
is an end to our trade in the Mediterranean, if it goes there.
But _here it is very well_; for the body of the people in this
country will have it: they have demanded it,—and in consequence
of their demands, they have enjoyed liberties which they will
transmit to their posterity,—and it is not in the power of this
government to deprive them of it. But they will take care of all
our conquests abroad. If that spirit prevailed in Minorca, the
Public-domain text, read in full here on John Shaqi.
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