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Maps, platas, charts, ate, may be filmad at diffarant reduction ratios. Thosa too larga to ba entirely included in one exposute are filmed beginning in the upper left hand corner, left to right and top to bottom, ai many frames hs required. The following diagrams illustiate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux da rAduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA. il est filmA A partir da I'angle supArieur gauche, de gauche A droite, et de haut en bas, an prenant la nombre d'imagas nAcessaira. Les diagrammas suivants illustrant la mAthode. 1 2 3 32X 1 2 3 4 5 6 mm. mmmmm HiP I £ P JI.WI", M^ii " n»m'mw ^.t THE SPANISH MEMORIAL of 4th June CONSIDERED, ',t Wavrummer^ 6, 7 \ LONDON, Printed by GEORGE BIGG, 1790, AndSoId by P. ELMSLY, Strand; J. SEWELL, CtrnUlh and J, STOCKDALE, Piccadilly* ■j^. 33 lii'i «*'^^ .'!«'.■ 'P' I ft Aug. 1790. The Spanish Memorial of 4*'' June Confidered. A N a meafure fo important as a War, between two powerful Nations, in which multitudes muft fall, whatever be the ultimate Event ! and in which, Calamities, worfe than Death, muft enfue ! It would be extremely mortifying to luppofe that the Ignorance, Arrogance or Infolencc of Ofllcers of either Government, had involved the two Countries, frantickly into Hoftilities, contrary to their mutual Interefts, and fubverfive of the Principles of Humanity ! I truft, both Countries have too much Liberality and Sagacity to be carried B blindfolded 27454 C 4 ) blindfolded into fuch a Contcfl : But, it appears to me, from the SpaniHi Memorial, that the True Grounds, on ih': part of Great Britain, for demandhi^ SaiisfiSiortf have not been iinderftood. I. An Knglidi Vcflcl, the Princefs Royal, in every manner unexceptionable, fitted o-Jt from England, publickly in 1786, with the permifTion of the South -Sea- Company, and of the Eaft-India-Company, for a Voyage to the NW Coaft of America and China; and back to the NW Coaft of America: is feized, in 1789, at, or near, King-Gcorge* s-Sound, or Nootka, on the Coaft of Nezu Albion, by the Spaniards, without The Court of Madrid having even given any previous intimation to The Court of Great Britain, that they claimed the ( 5 ) the lole Navigation of thofe Seas, although two Ships had, in the (lime publick manner, gone, from England in 1785, on that Voyage. 2. That the Commander of another Englifti VelTcl, the Argonaut, Capt. Colneth who bore H. B. Majefty's Commiflion, as a Lieutenant in the Royal Navy, was ignominioufly put in the Slocks ; and treated with indignities, contrary to the rules of War, and the cuftom of civilized Nations. • ^\ n. And that H. C. Majefty's Naval Officer, who was gililty of thefe enormities, to mark his Infult to the BritiQi Nation in the mod pointed manner, at the fame time, not only permitted tzvo American Veffcls to remain unmoleded, but celebrated, B a with ( 6 ) with every mark of publick rejoicing, the Anniveifary of the Separation of the Anglo- American Colonics from the Mother Country: Whilll the Britifli Flag was ignominioully flruck by H. C. Majefty's Officer, in time of profound peace, and the Spanijh Flag hoiftcd over //; the known cxprcflion of Conqucft in War. So flagrant an Ad of National Degra- dation is not lightly done away, but as the Infiilt and Injury was publick, the Satif- faftion and Atonement muft be publick ! And it is This Atonement The Britifh Nation is entitled to cxpe(5t, before They enter into any Difcuflion whatever : It is this Scnfc of Infulted Honour that equips their Fleets ! to demand of Spain that Reparation which is due to Ads committed under ( 7 ) lender the Sanftion of the Spanifli Court! The Law of Nations making the Go- vernment anrwerable for every thing, done by Officers afting under Its Authority : becaufe if the State could throw the im- putation on the Individual, there could be no means of obtaining Redrefs : and by the extent of Lofs which the State fuffers for reparation ; It is made attentive to reftrain, by condign punilhment, the inordinancy of Itt Officers! and the un- tranfgreffing Subjed:, of every State, is le- curcd from injury and ruin; Referring the Settlement of any contcded Claims, to the Governments of each Country, where alone they can, or ought to be difcufled. If the SpaniQi Court, on the reprcfen- tation of thefe Grievous Injuries and Infults, ( 8 ) Infiilts; had, without rcfcrve, difavowed the authority under which their Officer pre- tended to adl ; and given affurances of ample Satisfaftion, and Recompence for the ExpenceSi neccflarily incurred for obtaining that Satisfaflion, Then a Negotiation might have, honourably and becom'-^^ly, taken place, for the difcuffion of all claims, and compenfluion for private Loflcs. It would be in thr nature of Anticipation to enter into the Difcuflion of the Spanifti Memorial at large ; but as many aflevera- tions, in It, are not warranted by any documents we have received, and others pofitivcly contradided by thefe documents, I am induced to take fome further notice of that Memorial. It is cxtraorcVmary that, in the General Reference to Ticailcs under which the Spar.iaitls form their Claims, and efpecially to Treaties with Great-Britain, there] (hould be no particular reference to the Specific Ar::.!:s, nor even to the Specific 'Treaties ; to gViide the inquifitive Statefman to the Study of the Point in qucRion : This cannot convey i, favourable imprefllon in fuprort of the claim ! . It It alledges, that to both Courts are wanting the circumflantial Proofs of what has pafTcd : It is not in the nature of Things, that formal and regular documents of Injuries can be conveyed, from the injured Subjedl to The Parent-State; and if no Reparation was to be claimed, without that formal and precifc detail of the Injury done. Then by ( 10 ) by fo much as the Injury was grievous and oppreffivc, by fo much would it be more difficult, or even impofiible, to ftate the injury : There are no Letters from either of The Commanders of the Enslifli Veflels; the only inference that can be drawn is " That I'hey were not allowed to *' write to their Owners, or that the Letters, " which they did zvrite, have been fuppreffed *' by the Spaniards," and thus what is allcdged as extenuation is an aggraz'ation. t But although there are no precife and authentic documents to Ihew all that has pajfcdy the Teflimonies are unexceptionable, that the two Veflels beforementioned were feized, that the Englifli Colours were ftruck, and the Spanifli Colours hoifted over them : that Capt. Colnett was put ( II ) In the Stocks, at the fame time that American VeiTels were not only unmolefted, but treated with all courtefy and refpeft by the Spanifh Officer, who, in compli- ment to them, celebrated the Anniverfarjr of Anglo-American Indcpendance. IS Although the Britifli Court has liot re- ceived the Tull and exadt account of all the Injuries fuffered by Britilh Subjedts; It is very extraordinary indeed that precife Documents have not been received, by The Court of Spain; when it is notorious to all The World with what minute detail all Incidents are regiftered by their Officers abroad ! The only Inference that can be drawn, frgm fuch an unufual Silence) is, that The Spanifh Adminiltration abroad was afhamed of the Condud of Its Officers; C .and *,'i ( I» ) and that private Affedions or Partialities had fcreened Dilinquency. , The Spanifli Memorial alledges that the Veflels were only Jiopt, and tiot conjifcated ; and atnbiguoufly implies that they muft now be releafed. The Viceroy of Ne\f Spain having refolved to releafe them, either without any Condition, or on the Captain figning a Declaration of becoming refponfible in cafe of the Veffel being de- clared a legal Capture; in the fame man- ner as a Portuguefe Veflel, and two Ame- rican Veflels, had been liberated. i That a Veflel, under the Portuguefe Flag, had been fo liberated is admitted, but the American Veflels were not eycrjfopt or iwpe- ded, which the Captain of one of them, the Columbia, 'lag, the 1^. ( 13 ) Columbia, faid in China *' He utiderflood, " was bccaufe the Spaniards were afraid o^ '* offending the Americans, on account of their " vicinity to the Spanifh Settlements, an^ " therefore did not flop them," ..- ." '- , _.-" •" . " y '■ y ■■Si If I had commanded a Veffel, p^blickly equipped for a Voyage to the NW Coaft of America, I mod certainly, knowing myfclf no Smuggler, would have refufed to have made myfelf refponfible for con- fequences, to which the fair and open purpofe of my Voyage did not expofe me : If enabled to reftfty I would have refijled: if overpowered by force, I would, by all means poflible in my fituation, have protefted againlt the Ad of Violence, but J would not have received the VeHel C z . bacl^ / ( H ) . back, on any Cpndition of Rcfponfibility ! It appears to mc contrary to the Law of Nations, and to every Idea of Common Senfe and Common Juftice, for any Veflel to be Jioppedi where the Party fo detaining has a doubt, of his being warranted in fuch Detention. It is ^Hedged, that in the ift Communi- cation from the Spani(h Ambaffador at the Court of London to the Miniftry there on the loth of February, he could not fpecify many of the circumftances now Inow:., nor the repeated ABs of Poffeffion of Spain, on that Coafl and Port, antece- dent and fubfequent to thofe then cited. Not » ( '5 ) Not knowing what was faid in the Communication of the loth February, nor what jiJis of Pojcjfwd are now referred to, I can only fay, that there Is every evidence, the Nature of the Cafe is capable of admitting, to teftify that when Capt. Cook vifited King-George's Sound, or Nootka, in 1778 The Natives were unacquainted with caier Europeans: that it does not appear any Europeans, befuks Englifh, had been there 'till the Trade thither was carried on by the Englilh from India and England : and an amicable Intercourfc with the Natives eftablifhed. It is alledgcd, that if The Court of London, at the time of replying to this Communication of Friendly Complaint, givca ( i6 ) given in the name of the King of Spain, againft Navigators which Spain reckoned contraband by the fubfiHing Treaties, had adled confonant to the defire now mani- fefled to examine and accommodate thefc difpiites amicably, It would have faved much expence and difguft. Ignorant as I am of what pafled, on that occafion, It is impoflible to fay how far this Complaint of the want of early Communication is well-grounded : But it is obvious, that It behoved Spain, if She thought She had any claims to the ex- clufive Navigation of thofe Seas, to have urged fuch Claims amicably to The Court; of Great Britain, and to have commun^- cated Her Intentions to enforce them, ' '' ■ - ' ■• ^ before '« ( '7 ) before Orders were fent to that Effc6t: For the Proceedings, warrantable againft illicit and contraband Trade, are unwarrant- able againft a fair and open Trade, avowedly carried on, under the countenance and protedion of the State. 4 The Allegation, that the King of Spain does not mean to extend the pretenfion of *' right to all the South -Seas, even to " China" But only to " The Sovereignty, *' Navigation and exclufive Commerce of '^ the Continent and Illands in the South " Sea, in the manner // has always been "' acrujiomed to undeij^and the IFords in ^^ treating of 'I'heir Indies,'* is not the moft diftind and fatisfaftory method of ex- plaining the Extent of their pretenfions: 1^ I ■ii (18 ) ft would have been more diflIn(5V, "accord- " ing to the acceptation of other Nations," inftead of the Senfe They themfelves are ac- cuftomed to iinderftand It. Their expofition of what they mean, viz. ** The Continent, ' " IJlands and Scas^ which by Difcovery, by *' treat'ieSy and by immemorial pojfejjion^ have, *' and do belong to tliem, with the '* concurrence and confent of all Nations" leaves the Matter in the fame obfcurity : • Without entering into the claim of Dif-- covery. No Nation, at peace with Spain, can reafonably difpute '* what They have " by Treaty, and immemorial pofleflion, •* with the concurrence and afient of all ** Nations," but what they have by Treaty . and by immemorial pofleflion, widi the concur* I> < >9 ) concurrence and affenr of all Nations, is a quejlion oi great extent! It is faid, that Spain having no fixed EJiabliJJjmnts on any Coaft, Port or Bay, is no proof, that it is not Theirs. It, at lead, is certainly no proof, even prefumptivc, that it is! But the Inference, drawn by the Memorial, does not follow, " that the " confcquence of the former aflumption *' would entitle any Nation whatever, to fettle " in the Dominions of another Nation, in *' America, Afia, or even in Europe, where " there are no fixed Eftablifliments." In Europe, every Spot of Land is the par- ticular property of fome Individual, fubjcd to the Laws of The Country, and protected D in ( 20 ) in the property by The State ; and therefore every Spot is appropriate to a Fixed EJlabliJJ:)m'entf which does not imply, or require, a Fortification or Place of Arms. In America, and Afia, there arc many Places in adlual and individual pofleflion of the Subjeds of European States, over whom Thefe States exercife jurifdifVion : But, without jarifdiElive au- thority, there can be ko rightful Dominion! and therefore fuch Places, in America or Afia as are inhabited by Aborigines, who do not acknowledge the jurifdidion of any European Power, muft be free to whatever Friendly intercourfe they may be inclined to admit, without the breach of any fubfifting Treaty, or The Law of Nations : Not to mention that the Con- duct ( " ) du(5t of Spain, and other Powers, in the Contefl: between Great Britain and Her American Colonies, has decided, as far as fuch Conduit could decide, that whenever Subjcds, having taken up arms, m'ozo and are able to maintain their Indepcndance^ that then Their aSiual Independance is to be acknowledged by all Nations I