It was remarkable that the Earl of Guilford and Lord Bathurst, fathers of the Prime Minister and Lord Chancellor, were both living at this time.
Incensed as the Prince of Masserano had been at the secret recall of Harris, Choiseul’s fall, and the pacific disposition of the new French Ministers, convinced him that his King had no assistance to expect from France. His King, probably, from the same reasoning, had relaxed some of his pretensions, and sent powers to his Ambassador to terminate his differences with us, before he was apprised of the orders given to Harris. The King of France in the meantime prevailed on Masserano to communicate those powers to our Ministers, engaging his royal word to bear him harmless in case his master should be offended with the recall, and with his own Ambassador’s precipitation. Lord North, reassured by Choiseul’s fall, and by the pacific sentiments of France, of which the Duc d’Aiguillon had informed Lord Harcourt, accepted the modification proposed by Spain; and on January the 22nd, when the Parliament reassembled after the recess, Lord Rochford and Lord North notified to the two Houses, that the Spanish Ambassador had that morning signed a declaration relative to the expedition against the Falkland Islands, which his Majesty had been graciously pleased to accept, and which should be laid before them on the Friday following. Mr. E. Burke moved for a call of the House on that day fortnight, to consider the declaration and acceptance. The delivery of the declaration was fortunate for peace, for two days after arrived a positive order to the Spanish Ambassador to quit this country without delay or excuse,—so offended was the Court of Spain at the recall of Harris; but the accommodation was signed, and the Prince remained here.[152] Nor had the threat of war been unfavourable to us; it had brought to light, and consequently to correction, the nakedness of our situation; and it had shown Spain and France how soon we could prepare a force sufficient for our defence,—at least, against any they were then able to bring against us. On the pacification, Lord Grantham, Vice-Chamberlain to the King, was named Ambassador to Spain.[153]
The declaration of Spain imported, that his Britannic Majesty having complained of the violence committed on June the 10th, 1770, at the island commonly called the Great Malouine, and by the English Falkland’s Island, in obliging by force the commander and subjects of his Britannic Majesty to evacuate the port by them called Egmont, a step offensive to the honour of his Crown, the Prince of Masserano, Ambassador Extraordinary of his Catholic Majesty, had received orders to declare, that his Catholic Majesty, considering the desire with which he is animated for peace, &c., had seen with displeasure this expedition, tending to disturb it; and being persuaded of the reciprocity of sentiments of his Britannic Majesty, &c., his Catholic Majesty did disavow the said violent enterprise, and, in consequence, the Prince de Masserano declared that his Catholic Majesty engaged to give immediate orders that things should be restored in the Great Malouine, at the port called Egmont, to the state in which they were before the 10th of June, 1770; for which purpose his Catholic Majesty would give orders to one of his officers to deliver up to the officer authorised by his Britannic Majesty the port and fort called Egmont, with all the artillery, stores, and effects of his Britannic Majesty and his subjects, agreeable to the inventory that had been made of them. The Prince of Masserano declared at the same time, in the name of the King his master, that the engagement of his said Catholic Majesty to restore to his Britannic Majesty the possession of the port and fort called Egmont, could not nor ought in anywise to affect the question of the prior right of sovereignty of the Malouine Islands.
This declaration was, as I have said, accepted, but no notice taken on our side of the protest of prior right. The act was, in truth, as appears on the face of it, a mere temporary expedient to prevent present rupture; Spain relinquishing no claim, nor expressing a surrender of anything more than Port Egmont—which we accepted with the air of a sacrifice to which we had very slender pretensions. Indeed, the worse the grace was with which we seemed to accept the concession of Spain, the greater in reality was our triumph; for though the Opposition affected to decry our acquiescence, the humiliation certainly fell on the King of Spain, who yielded a flower of his crown, to which we pretended no right but that of convenience and very recent occupation; and which very convenience had no meaning but that of an opportunity to annoy Spain thereafter.
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.