179^* Parliamentary Proceedings* 189 



and commerce, comes another article, (the fixth), which takes 

 away all right of landing and ereAing any temporarj' huts for 

 any purpcfe, but t-liat of carrying on the fifhery, and amounts to 

 a complete dereliftion of all right to fettle, in any other way, for 

 the purpofe of commerce with the natives. What might be the 

 advantage we could derive from fettlements in that part of the 

 world, he did not pretend to know ; bnt he knew that the Spa- 

 niards were at all times extremely jealous of having any other 

 civilized people fettled in the neighbourhood of their colonies, 

 and therefore, in effefting this exclufion, they mud have looked 

 upon it as a great point gained by them. " In rsnouncing all 

 right to rhake fettlements in South America, he faid, we had 

 given to Spain what fhe confidered as incftimable, and in return 

 had been contented with drofs." 



If the Souxhcrn whale fifhery was of the great importance it 

 was ftated.to be, he contended, that in regard to it alfo we had 

 made a conccfTion of great moment ; a reftricflion from ap- 

 proaching within ten leagues of the coaft, was a demarcation of 

 limits not calculated to give fecurity, but to cren':e difputes. 



His Majefty engaged by the fourth article to take the moft 

 effccftual meatures to prevent the fidiery from being made a pre- 

 text for finuggling, which if he did not do, the whole treaty fell 

 to the groim'. Here is another pretext for difpute ; who are 

 to judge whether his Majefty has taken the mojl eJfdSual mea- 

 fures for preventing fmuggling there i It is known, that the ut- 

 moft exertions of Government cannot prevent fmuggling on our 

 own coaft, far lefs can it be poflible for i!s to prevent it there. 

 Every trefpafs of this fort therefore annuls the treaty : in other 

 ■words, the treaty may be annulled r.nder the faireft and m.oft le- 

 gal pretexts, wherever Spain fhall find it convenient for her to 

 do it. Perfonsallo might innocer.tly come within the prefcrib- 

 ed limits ; but by which rule was it to be afcertained, that one 

 Tnan had ?one within it innocjntly and unintentionally, andano-' 

 ther wilfully and fraudulently ? How was that proteftion to the 

 innocent, and punifhment to the guihy,to whicli all hisMajefty's 

 fubjecfts were entitled, to be m.eafured out ? It is im.pcifTible to 

 be done : Arbitrary acfts of opprirflion will be winked at by the 

 CJourt, while the minifter wiflies to be in friendlhip with Spain ; 

 whenever he alters his mind, the coiulud they are authorifed 

 by this treaty to purfue, will be an immediate pretext for a 

 war. 



He then went largely into the confideration of the extreme 

 impolicy of l>raving the limits of Spaniih occupancy entirely un- 

 defined. Certainty, he faid, was of much more value than ex- 

 tent of territory, and therefore, he would have thought it good 

 policy to obtain ^precife lineai demarcation m the firft inftance, 

 on fuch an account as Spain chofe to givt- of the limits, of her 

 occupancy, even if it fhould have bceri" obtained at the expence 



