A. D.I 



739. 219 



* fince the loth of December 1737; in which cafes juflice fliall be 

 ' done according to the treaties, as if this convention had not been 

 ' made. It being however underftood, that this relates only to the in- 

 ' demnification and fitisfadion to be made for the effects feized, or 



* prizes taken ; but that the decifion of the cafes which may happen, 



* in order to remove all pretext for difpute, is to be referred to the ple- 

 ' nipotentiaries to be determined according to the treaties.' 



This is the fubflance of a convention, which made fo much noifc, and 

 gave fo much dilgull; in England. What gave the greateft difgufl: of 

 all, was the king of Spain's following declaration and proteft, which he 

 infifted on as a preliminary condition of his ratifying the above conven- 

 tion, viz. that he referves to himfelf, in its full force, the right of being 

 able to fufpend the afliento for negroes, and of difpatching the neceflary 

 orders for the execution thereof, in cafe the South-fea company do not 

 fubjedl themfelves to pay, within a (hort term, the fum of L68,ooo fler- 

 ling, which they acknowleged to be due on the duty for negroes, ac- 

 cording to the regulation of 52^ per dollar, and on the profits of the 

 fhip Royal Carohne ; and farther declares, that imder the validity and 

 force of this protefl, the figning of the faid convention may be pro- 

 ceeded on, and in no other manner. 



The injuflice of this previous demand on the company was fo appar- 

 ent, that the general court on the ifl: of March refolved not to pay the 

 fame, without the king of Spain's coming to a jufl; account with them 

 for all the feizures and captures of their fliips and merchandize, which 

 he had by former agreements engaged to refund to them, viz. 



I) On our rupture with Spain in the year 171 8 the king of Spain 

 feized on all the company's etfedts in every part of his dominions, amount- 

 ing to about one milHon of dollars, or nearly, in flerling money, to 

 L225,ooo ; whilfl the company's factories were kept up at La Vera 

 Cruz, Panama, Porto-Bello, Carthagena, and Buenos-Ayres ; and two 

 agents at Madrid ; all which was a very great expenfe. This fum the 

 king of Spain engaged to make good to the company by the treaty of 

 the year 1721. 



II) The king of Spain having in 1727 befieged Gibraltar, he again 

 feized on every thing belonging to the South-lea company, amounting 

 to about half a million of dollars, or Li 22,000. 



Yet in the treaty of that fame year he promifed not only to reftore 

 this lad feizure, but alfo the preceding one of the year 171 8 ; though 

 all that was ever received was but a mere trifle, compared to their whole 

 lofs. Now, thofe confifcations were the more unjull, as being cxprefsly 

 contrary to the alliento contract ; wherein it is flipulated, that whatever 

 differences may arife between the two crowns, the company ihall be al- 

 ways allowed eighteen months for the removal of their eft'ecls. The 

 company has alio farther demands on the king of Spain : for inftance, 

 4 E e 2 



