Memoirs of the Reign of King George the Third, Volume 4 (of 4)Walpole, Horace
History
Memoirs of the Reign of King George the Third, Volume 4 (of 4)
Walpole, Horace
Great Britain -- History -- 1760-1789; Great Britain -- History -- George III, 1760-1820
When the declaration was laid before the two Houses on the 25th, Lord
Chatham said he would not discuss it then--it would take too many days.
It was only a compromise, only a war prorogued; France not being ready
to declare, had compelled Spain to recede for the present. On the Duc
de Choiseul he made a strained panegyric, pronouncing him the greatest
Minister that had appeared in France since Cardinal Richelieu--that he
was regretted by all ranks of people in that country, and would (he
would venture to prophecy) be recalled! As the portrait seemed to be
intended for a resemblance of himself, there was no doubt but he hoped
the prophecy, too, would be applicable to both. The Duke of Richmond
moved for all transactions with Spain relating to the Falkland Islands,
which Lord Rochford promised should be brought; but Lord Sandwich moved
to restrict the question to such papers only, not extending to any
other matter, which occasioned jealousy and debate. The Duke then asked
for all correspondence with France relating to the same subject. Lord
Rochford said, not a word had passed through our Ambassador (for all
had been verbal, and negotiated with Francés).
In the other House, Burke and Barré declaimed against the pacification.
They asked only for the Spanish papers, which were granted. Some
days after, Mr. Seymour asked if any part of the negotiation with
Spain had passed through the Court of France, and asked to see that
correspondence, which was refused by 173 to 57. Lord Chatham moved
the same day in the other House, that the Judges should be ordered to
attend on the morrow.
When the House met the next day, Lord Chatham desired the two
following questions might be put to the Judges:--
1. Whether, in consideration of law, the Imperial Crown of this Realm
can hold any territories or possessions thereunto belonging, otherwise
than in sovereignty?
2. Whether the declaration or instrument for restitution of the port
or fort called Egmont, to be made by the Catholic King to his Majesty
_under a reservation of a disputed right of sovereignty expressed in
the very declaration or instrument stipulating such restitution_, can
be accepted or carried into execution, without derogating from the
maxim of law before referred to, _touching the inherent and essential
dignity_ of THE CROWN OF GREAT BRITAIN.
Lord Mansfield said, it was needless to refer these interrogatories to
the Judges, since the queries answered themselves--meaning, the reply
to both must be negative; but it required more chicane to give that
negative, and at the same time to argue that the questions did not
fairly flow from the premises. A vote of 69 to 22, refusing to refer
the queries to the Judges, supplied what was wanting in argument.
Public-domain text, read in full here on John Shaqi.
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