The Life of George Borrow [102]
and he was too powerful and too important to the needs of Spain to be offended. The prisoner himself refused to be liberated, because he had been illegally arrested, inasmuch as he, a foreigner, had been committed to prison without first being conducted before the Captain-General of Madrid, as the law provided. Furthermore, Borrow advised the authorities that if they chose to eject him from the prison he would resist with all his bodily strength. In this determination he was confirmed by the British Minister.
A Cabinet Council was held, at which Senor Entrena was present. The Premier explained the serious situation in which the ministry found itself, owing to the attitude assumed by the British Minister, and he remarked that the Civil Governor must respect the privileges of foreigners. Senor Entrena suggested that he should be relieved of his duties; but the majority of the Cabinet seems to have been favourable to him. The Affaire Borrow is said to have come up for debate even during a secret session of the Chamber.
When Count Ofalia had called at the British Embassy (4th May) he was informed by Sir George Villiers that the affair had passed beyond the radius of a subordinate authority of the Government, and that he "considered that great want of respect had been shown to me, as Her Majesty's Minister, and that an unjustifiable outrage had been committed upon a British Subject," {238a} and that the least reparation that he was disposed to accept was a written declaration that an injustice had been done, and the dismissal of the Police Officer. {238b}
The value of a British subject's freedom was brought home to the Spanish Government with astonishing swiftness and decision. The Civil Governor wrote to Sir George Villiers (3rd May), apparently at the instance of the distraught premier, discoursing sagely upon the Civil and Canon Laws of Spain, and adding that the 25 copies of the Gitano St Luke were seized, "not as being confiscated, but as a deposit to be restored in due time." He concluded by hoping that he had convinced the British Minister of his good faith.
In his reply, Sir George considered that the Civil Governor had been led to view the matter in a light that would not "bear the test of impartial examination." The result of this interchange of letters was twofold. Sir George dropped the correspondence with "that Functionary [who] displays so complete a disregard for fact," {239a} and as Count Ofalia evaded the real question at issue, holding out "slender hopes of the matter ending in the reparation which I considered to be peremptorily called for," {239b} he advised Borrow to claim protection from the Captain-General, the only authority competent to exercise any jurisdiction over him. The Captain-General Quiroga, jealous of his authority, entered warmly into the dispute and ordered the Civil Governor to hand over the case to him. There was now a danger of the Affaire Borrow being made a party question, in which case it would have been extremely difficult to settle.
The intervention of the Captain-General rendered all the more obvious the illegality of the Civil Governor's action, and increased the embarrassment of Count Ofalia, who called on Sir George to ask him to have Borrow's memorial to the Captain-General withdrawn. He refused, and said the only way now to finish the affair was that "His Excellency should in an official Note declare to me that Mr Borrow left the prison, where he had been improperly placed, with unstained honour,--that the Police Agent, upon whose testimony he had been arrested, should be dismissed,--that all expenses imposed upon Mr Borrow by his detention should be repaid him by the Government,--that Mr Borrow's not having availed himself of the 'Fuero Militar' should not be converted into a precedent, or in any way be considered to prejudice that important right, and that Count Ofalia should add with reference to maintaining the friendly relations between Great Britain and Spain, that he hoped I would accept this satisfaction as sufficient." {240a}
Borrow states
A Cabinet Council was held, at which Senor Entrena was present. The Premier explained the serious situation in which the ministry found itself, owing to the attitude assumed by the British Minister, and he remarked that the Civil Governor must respect the privileges of foreigners. Senor Entrena suggested that he should be relieved of his duties; but the majority of the Cabinet seems to have been favourable to him. The Affaire Borrow is said to have come up for debate even during a secret session of the Chamber.
When Count Ofalia had called at the British Embassy (4th May) he was informed by Sir George Villiers that the affair had passed beyond the radius of a subordinate authority of the Government, and that he "considered that great want of respect had been shown to me, as Her Majesty's Minister, and that an unjustifiable outrage had been committed upon a British Subject," {238a} and that the least reparation that he was disposed to accept was a written declaration that an injustice had been done, and the dismissal of the Police Officer. {238b}
The value of a British subject's freedom was brought home to the Spanish Government with astonishing swiftness and decision. The Civil Governor wrote to Sir George Villiers (3rd May), apparently at the instance of the distraught premier, discoursing sagely upon the Civil and Canon Laws of Spain, and adding that the 25 copies of the Gitano St Luke were seized, "not as being confiscated, but as a deposit to be restored in due time." He concluded by hoping that he had convinced the British Minister of his good faith.
In his reply, Sir George considered that the Civil Governor had been led to view the matter in a light that would not "bear the test of impartial examination." The result of this interchange of letters was twofold. Sir George dropped the correspondence with "that Functionary [who] displays so complete a disregard for fact," {239a} and as Count Ofalia evaded the real question at issue, holding out "slender hopes of the matter ending in the reparation which I considered to be peremptorily called for," {239b} he advised Borrow to claim protection from the Captain-General, the only authority competent to exercise any jurisdiction over him. The Captain-General Quiroga, jealous of his authority, entered warmly into the dispute and ordered the Civil Governor to hand over the case to him. There was now a danger of the Affaire Borrow being made a party question, in which case it would have been extremely difficult to settle.
The intervention of the Captain-General rendered all the more obvious the illegality of the Civil Governor's action, and increased the embarrassment of Count Ofalia, who called on Sir George to ask him to have Borrow's memorial to the Captain-General withdrawn. He refused, and said the only way now to finish the affair was that "His Excellency should in an official Note declare to me that Mr Borrow left the prison, where he had been improperly placed, with unstained honour,--that the Police Agent, upon whose testimony he had been arrested, should be dismissed,--that all expenses imposed upon Mr Borrow by his detention should be repaid him by the Government,--that Mr Borrow's not having availed himself of the 'Fuero Militar' should not be converted into a precedent, or in any way be considered to prejudice that important right, and that Count Ofalia should add with reference to maintaining the friendly relations between Great Britain and Spain, that he hoped I would accept this satisfaction as sufficient." {240a}
Borrow states