D.

OFFICIAL DOCUMENTS RELATIVE TO THE DISPUTE BETWEEN GREAT BRITAIN AND SPAIN IN 1790.*

(1.)

Message from the King of Great Britain to Parliament, May 5th, 1790. GEORGE R.

His majesty has received information that two vessels, belonging to his majesty's subjects, and navigated under the British flag, and two others, of which the description is not hitherto sufficiently ascertained, have been captured at Nootka Sound, on the north-western coast of America, by an officer commanding two Spanish ships of war; that the cargoes of the British vessels have been seized, and that their officers and crews have been sent as prisoners to a Spanish port.

The capture of one of these vessels had before been notified by the ambassador of his Catholic majesty, by order of his court, who, at the same time, desired that measures might be taken for preventing his majes ty's subjects from frequenting those coasts, which were alleged to have been previously occupied and frequented by the subjects of Spain. Complaints were also made of the fisheries carried on by his majesty's subjects in the seas adjoining to the Spanish continent, as being contrary to the rights of the crown of Spain. In consequence of this communication, a demand was immediately made, by his majesty's order, for adequate satis faction, and for the restitution of the vessel, previous to any other discussion.

By the answer from the court of Spain, it appears that this vessel and her crew had been set at liberty by the viceroy of Mexico; but this is represented to have been done by him on the supposition that nothing but the ignorance of the rights of Spain encouraged the individuals of other nations to come to those coasts for the purpose of making establishments, or carrying on trade, and in conformity to his previous instructions, requiring him to show all possible regard to the British nation.

No satisfaction is made or offered, and a direct claim is asserted by the court of Spain to the exclusive rights of sovereignty, navigation, and commerce, in the territories, coasts, and seas, in that part of the world.

His majesty has now directed his minister at Madrid to make a fresh representation on this subject, and to claim such full and adequate satisfaction as the nature of the case evidently requires. And, under these circumstances, his majesty, having also received information that considerable armaments are carrying on in the ports of Spain, has judged it indispensably necessary to give orders for making such preparations as may put it in his majesty's power to act with vigor and effect in support of the honor of his crown and the interests of his people. And his

The following papers, with the exception of the last, are taken from the London Annual Register for 1790. The translations of the Spanish notes are evidently made with little care. See chap. ix. of this History.

majesty recommends it to his faithful Commons, on whose zeal and public spirit he has the most perfect reliance, to enable him to take such measures, and to make such augmentation of his forces, as may be eventually necessary for this purpose.

It is his majesty's earnest wish that the justice of his majesty's demands may insure, from the wisdom and equity of his Catholic majesty, the satisfaction which is so unquestionably due, and that this affair may be terminated in such a manner as to prevent any grounds of misunderstanding in future, and to continue and confirm that harmony and friendship which has so happily subsisted between the two courts, and which his majesty will always endeavor to maintain and improve, by all such means as are consistent with the dignity of his majesty's crown and the essential interests of his subjects.

(2.)

G. R.

Declaration of the King of Spain to all the other Courts of Europe. ARANJUEZ, June 4th, 1790.

THE king, being apprized of the particulars laid before his ministers, on the 16th of May, by Mr. Merry, his Britannic majesty's minister, relative to the unexpected dispute between this court and Great Britain, as to the vessels captured in Port St. Lawrence, or Nootka Sound, on the coast of California, in the South Sea, has commanded the undersigned, his majesty's first secretary of state, to answer to the said minister of England, that he had the honor to make known personally, and in writing, to the said minister, upon the 18th of the same month, that his majesty at no time pretended to any rights in any ports, seas, or places, other than what belongs to his crown by the most solemn treaties, recognized by all nations, and more particularly with Great Britain, by a right founded on particular treaties, the uniform consent of both nations, and by an immemorial, regular, and established possession; that his majesty is ready to enter upon every examination and discussion most likely to terminate the dispute in an amicable way, and is willing to enter into immediate conference with the new ambassador, and, if justice requires it, will certainly disapprove of the conduct, and punish his subjects, if they have gone beyond their powers. This offer and satisfaction will, it is hoped, serve as an example to the court of London to do as much on its part.

As the two courts of London and Madrid have not yet received proper and authenticated accounts and proofs of all that has really passed in these distant latitudes, a contradiction in the development of facts has by this means been occasioned. Even at this moment, the papers and minutes made up by the viceroy of New Spain on this matter are not arrived. Posterior letters, indeed, say that the English vessel, the Argonaut, had not been seized and confiscated till legally condemned, and that the small vessel, called the Princess Royal, which had afterwards arrived, was not. seized or confiscated, but that, on the contrary, full restitution was made by the viceroy, and an obligation only taken from the captain to pay the price of the vessel, if she was declared a lawful prize; and on the precise same terms he had liberated a Portuguese vessel belonging to Macao, and two American vessels. These particulars will be more explicitly proved and elucidated on the arrival of the necessary papers.

The first time that our ambassador made a public notification of this matter to the ministry at London, on the 10th of February last, many of the circumstances that are now certain were then doubtful. The rights and immemorial possession of Spain to that coast and ports, as well as several other titles proper to be taken into view in a pacific negotiation, were not quite certain; and, if the court of London had made an amicable return to the complaints made by his majesty relative to those merchants whom Spain regards as usurpers and the violators of treaties, and had showed any desire to terminate the affair by an amicable accommodation, a great deal of unnecessary expense might have been saved. The high and menacing tone and manner in which the answer of the British minister was couched, at a time when no certain information of the particulars had arrived, made the Spanish cabinet entertain some suspicions that it was made not so much for the purpose of the dispute in question, as a pretext to break entirely with our court; for which reason it was thought necessary to take some precautions relative to the subject.

On a late occasion, a complaint was made to the court of Russia, as to some similar points relative to the navigation of the South Sea. A candid answer being returned by that court, the affair was terminated without the least disagreement. Indeed, it may be asserted with truth, that the manner, much more than the substance, has produced the disputes that have taken place on this head with Great Britain.

Nevertheless, the king does deny what the enemies to peace have industriously circulated that Spain extends pretensions and rights of sovereignty over the whole of the South Sea as far as China. When the words are made use of, "In the name of the king, his sovereignty, navigation, and exclusive commerce to the continent and islands of the South Sea," it is the manner in which Spain, in speaking of the Indies, has always used these words; that is to say, to the continent, islands, and seas, which belong to his majesty, so far as discoveries have been made and secured to him by treaties and immemorial possession, and uniformly acquiesced in, notwithstanding some infringements by individuals, who have been punished upon knowledge of their offences: and the king sets up no pretensions to any possessions, the right to which he cannot prove by irrefragable titles.

Although Spain may not have establishments or colonies planted upon the coasts or in the ports in dispute, it does not follow that such coast or port does not belong to her. If this rule were to be followed, one nation might establish colonies on the coasts of another nation, in America, Asia, Africa, and Europe, by which means there would be no fixed boundaries -a circumstance evidently absurd.

But, whatever may be the issue of the question of right, upon a mature consideration of the claims of both parties, the result of the question of fact is, that the capture of the English vessels is repaired by the restitution that has been made, and the conduct of the viceroy: for, as to the qualification of such restitution, and whether the prize was lawful or not, that respects the question of right yet to be investigated; that is to say, if it has been agreeably to, or in contradiction to, the treaties relative to the rights and possessions of Spain. Lastly, the king will readily enter into any plan by which future disputes on this subject may be obviated, that no reproach may be upon him as having refused any means of reconciliation, and for the establishment of a solid and permanent peace, not

1 only between Spain and Great Britain, but also between all nations; for the accomplishment of which object, his majesty has made the greatest efforts in all the courts of Europe, which he certainly would not have done if he had any design to involve England and the other European powers in a calamitous and destructive war.

EL CONDE DE FLORIDA BLANCA.

(3.)

Memorial of the Court of Spain, presented by Count de Florida Blanca, the Spanish Minister of State, to Mr. Fitzherbert, the British Ambassador at Madrid.

MADRID, June 13th, 1790.

By every treaty upon record betwixt Spain and the other nations of Europe, for upwards of two centuries, an exclusive right of property, navigation, and commerce, to the Spanish West Indies, has been uniformly secured to Spain, England having always stood forth in a particular manner in support of such right.

By article 8th of the treaty of Utrecht, (a treaty in which all the European nations may be said to have taken a part,) Spain and England profess to establish it as a fundamental principle of agreement, that the navigation and commerce of the West Indies, under the dominion of Spain, shall remain in the precise situation in which they stood in the reign of his Catholic majesty Charles II., and that that rule shall be inviolably adhered to, and be incapable of infringement.

After this maxim, the two powers stipulated that Spain should never grant liberty or permission to any nation to trade to, or introduce their merchandises into, the Spanish American dominions, nor to sell, cede, or give up, to any other nation its lands, dominions, or territories, or any part thereof. On the contrary, and in order that its territories should be preserved whole and entire, England offers to aid and assist the Spaniards in reestablishing the limits of their American dominions, and placing them in the exact situation they stood in at the time of his said Catholic majesty Charles II., if, by accident, it shall be discovered that they have undergone any alteration to the prejudice of Spain, in whatever manner or pretext such alteration may have been brought about.

The vast extent of the Spanish territories, navigation, and dominion, on the continent of America, isles and seas contiguous to the South Sea, are clearly laid down, and authenticated by a variety of documents, laws, and formal acts of possession, in the reign of King Charles II. It is also clearly ascertained, that, notwithstanding the repeated attempts made by adventurers and pirates on the Spanish coasts of the South Sea and adjacent islands, Spain has still preserved her possessions entire, and opposed with success those usurpations, by constantly sending her ships and vessels to take possession of such settlements. By these measures and reiterated acts of possession, Spain has preserved her dominion, which she has extended to the borders of the Russian establishments, in that part of the world.

The viceroys of Peru and New Spain having been informed that these seas had been, for some years past, more frequented than formerly,

that smuggling had increased, that several usurpations prejudicial to Spain and the general tranquillity had been suffered to be made, they gave orders that the western coasts of Spanish America, and islands and seas adjacent, should be more frequently navigated and explored.

They were also informed that several Russian vessels were upon the point of making commercial establishments upon that coast. At the time that Spain demonstrated to Russia the inconveniences attendant upon such encroachments, she entered upon the negotiation with Russia, upon the supposition that the Russian navigators of the Pacific Ocean had no orders to make establishments within the limits of Spanish America, of which the Spaniards were the first possessors, (limits situated within rince William's Strait,) purposely to avoid all dissensions, and in order to maintain the harmony and amity which Spain wished to preserve.

The court of Russia replied, it had already given orders that its subjects should make no settlements in places belonging to other powers, and that, if those orders had been violated, and any had been made in Spanish America, they desired the king would put a stop to them in a friendly manner. To this pacific language on the part of Russia, Spain observed that she could not be answerable for what her officers might do at that distance, whose general orders and instructions were, not to permit any settlements to be made by other nations on the continent of Spanish America.

Though trespasses had been made by the English on some of the islands of those coasts, which had given rise to similar complaints having been made to the court of London, Spain did not know that the English had endeavored to make any settlements on the northern part of the Southern Ocean, till the commanding officer of a Spanish ship, in the usual tour of the coasts of California, found two American vessels in St. Laurence, or Nootka Harbor, where he was going for provisions and stores. These vessels he permitted to proceed on their voyage, it appearing, from their papers, that they were driven there by distress, and only came in to refit.

He also found there the Iphigenia, from Macao, under Portuguese colors, which had a passport from the governor; and, though he came manifestly with a view to trade there, yet the Spanish admiral, when he saw his instructions, gave him leave to depart, upon his signing an en gagement to pay the value of the vessel, should the government of Mexico declare it a lawful prize.

With this vessel there came a second, which the admiral detained, and, a few days after, a third, named the Argonaut, from the abovementioned place. The captain of this latter was an Englishman. He came not only to trade, but brought every thing with him proper to form a settlement there, and to fortify it. This, notwithstanding the remonstrances of the Spanish admiral, he persevered in, and was detained, together with his vessel.

After him came a fourth English vessel, named the Princess Royal, and evidently for the same purposes. She, likewise, was detained, and sent to Port St. Blas, where the pilot of the Argonaut made away with himself.

The viceroy, on being informed of these particulars, gave orders that the captain and the vessels should be released, and that they should have leave to refit, without declaring them a lawful prize; and this he did, on