Now let us examine the Foundation of the Spanish Pretensions. In the first Place, they have misstated the Propositions, and made our Proposals antecedent to theirs, which is impossible. For how could our Fourth Proposition take Notice of, and consent to theirs, unless from a previous Knowledge and Perusal of what they had to offer? And indeed, the whole force of the Spanish Arguments, depends entirely upon the Second Capitulation, as they are pleased to term it: But the Liberty of Commerce, and all the other Privileges which they there insist upon, were granted conditionally, upon their Compliance with the Fourth Article of our Propositions. It expressly declares, that the Proposals contained in the Paper, delivered on the Part of his Excellency the Governor and his Council, will be listened to, and confirmed to them, upon their Payment of Four Millions of Dollars; the Half to be paid immediately, the other Half to be paid in a Time agreed upon; and Hostages [204] and Security given for that Purpose. It is therefore most evident, that they had not the least Shadow of Right to any Privileges, until this Article was most punctually fulfilled. How it has been fulfilled, has been but too clearly manifested, by the Court of Spain's Refusal to pay the Two Millions of Dollars, for which we trusted to the Honour and Punctuality of that Nation. Until that Sum is paid, it is impossible even to name the Galeon. Postscript It is now pretended that the Spanish Governor exceeded his Powers, that he had no Authority to draw Bills, of such a Nature, upon his Court: But will not unforseen Events, demand unforseen Expedients? In Europe, where the Distance will allow of it, it is undoubtedly the Duty of every Governor or Commander, to consult his Sovereign (if an Opportunity offers) before he presumes to give his Consent to, or ratify any Agreement that may be prejudicial or dishonourable to his Crown. But can such Formalities be required or observed at the Distance of half the Globe? The Persons entrusted with such remote Commands, must be left to their own Discretion; to the Fertility or Barrenness of their own Invention and Resources. A State may undoubtedly punish the Man who is found to have betrayed its Dignity or Interests; but at all Events, it must abide by his Decisions, how prejudicial soever. We find in History, that the Romans, have sometimes delivered up to the Enemy such of their Generals, who had made a shameful or disadvantageous Peace, without the Consent or Approbation of the Senate: But that Practice has been universally condemned upon the truest Reasons; because the Delivery of an Individual could never be adequate to the Advantages they might acquire by the breaking of a bad Treaty; or compensate their Enemies for the Opportunities and Advantages they might give up, or lose, upon the Faith of such an Agreement. I flatter myself that the Spaniards will not copy that great Nation in its Defects, but imitate its Virtues.