FORE:Walpole, however, continued to oppose the South Sea Bill in the Commons, declaring that the terms were too extravagant ever to be fulfilled; that the experiment could result in nothing but a fearful increase of the costs of stockjobbing, and final confusion and ruin. He insisted that, before the proposals of the Company were accepted,[47] the rise of their stock should be limited, and every means taken to prevent the fever of infatuation that would ensue from the promise of dividends out of funds which could never be realised. He proposed for this purpose the introduction of a clause fixing the number of years' purchase to be granted to the annuitants of the South Sea Company; but to this it was objected that it was the interest of the Company to take up the annuities; and, as the annuitants had the power of coming in or not, as they pleased, the Company would, of course, offer advantageous terms, and, therefore, the whole affair might be safely left to private adjustment. Aislabie added that the South Sea Company would not submit to be controlled in an undertaking they were to pay so dear for. The Bill passed both Houses.Though a declaration of war had been issued both against France and Holland, there had been none against Spain. But Ministers hearing that a strong Spanish armament was being equipped in the port of Ferrol, and that French soldiers were expected to join and sail in it, despatched Captain Graham Moore, the brother of Sir John Moore, with four frigates to intercept four Spanish treasure-ships. The proceeding was certainly high-handed, but Ministers were justified by their knowledge that Spain paid subsidies to France. The Spaniards were furious in their indignation; an order was speedily issued to make reprisals on British ships and property, and on the 12th of December war was formally proclaimed against us.
FORE:The Lord High Commissioner immediately proceeded on his great mission, and after a tedious voyage landed at Quebec on the 29th of May. He took with him, as his private secretary, Mr. Charles Buller, a man of singular ability, an ardent friend of free institutions, gifted with a large mind and generous sympathies, and a spirit that rose superior to all party considerations. A more suitable man could scarcely have been found for such a work. But he also took out with him Mr. Turton and Mr. Gibbon Wakefield, men of ability but hopelessly damaged in character. He promptly proceeded to dismiss his Council and to select another of five who had no acquaintance with Canadian politics. He found on his arrival 116 state prisoners, whose trial had been postponed, awaiting his instructions. On the 28th of June the Lord High Commissioner published an ordinance, in which it was stated that Wolfred Nelson, and seven other persons therein named, had acknowledged their guilt, and submitted themselves to her Majesty's pleasure; that Papineau, with fifteen others, had absconded. The former were sentenced to be transported to Bermuda during pleasure, there to be submitted to such restraints as might be thought fit; the latter, if they should return to Canada, were to be put to death without further trial. In each of these cases an unfortunate error was committed. The Lord High Commissioner had no legal authority out of Canada, and could not order the detention of any one at Bermuda; and to doom men to be put to death without further trial, was denounced in Parliament, by Lord Brougham and others, as unconstitutional. Lord Brougham described it as "an appalling fact." Such a proceeding, he said, was "contrary to every principle of justice, and was opposed to the genius and spirit of English law, which humanely supposed every accused party to be innocent until he was proved to be guilty." His reasons for the course he had adopted were given by Lord Durham, in a despatch to the Home Secretary, dated June 29th. The British party, he said, did not require sanguinary punishment; but they desired security for the future, and the certainty that the returning tranquillity of the province would not be arrested by the machinations of the ringleaders of rebellion, either there or in the United States. He said: "I did not think it right to transport these persons to a convict colony, for two reasons; first, because it was affixing a character of moral infamy on their acts, which public opinion did not sanction; and, secondly, because I hold it to be impolitic to force on the colony itself persons who would be looked on in the light of political martyrs, and thus acquire perhaps a degree of influence which might be applied to evil uses in a community composed of such dangerous elements."