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L N D Ni PRINTED FOR G. KEARSLEY, FLErT-STREET, M.OCCiXC. r^ ft r '} I k ♦ -i ■ -i ^- 1/ \ f k < , •J I JR LJ'Iifc . T 1) • T O repel flander and to confute calumny — to fupport the caufe of truth, and to hold up to public fcorn the detedied efforts of falfchood — thcfe I hold to be the duties of every one, whofe leifurc or whofe talents qualify him for fuch a tafk. If fuch be the obli- gations in the ordinary concerns of of life— -if to fail in thefe be an offence igainft the good order and ftcurity of fociety the necefhty of adiing up to this rule becomes doubly ftrong, when the intercfts the State, not thofe of individuals are tnr ( vi ) are at ftake ; when the arrows of falfehood are lev^elled at our coun- try ; when the Liberty of the Prefs is abufed for the purpofes of fup- porting againft us the caufe of our opponents. Adluated by thefe principles, and filled with indigna- tion at the bafe and libellous at- tempts which have been fo long made to fupport the caufe of Spain againft this country, I hefitated not to affert the juftice of the conteft in which we are at prefent en- gaged, and, by a fair ftatement of the Britifh claims, joined to a juft analyiis of the condud: of our Mi- nifters, to convince the Publick of ^"he validity of out pretenfions, and of the daring arts which a difap- pointed fadion can employ, to over- turn a Government which they have ''V not ( vii ) not been thought . worthy to con- dudi. Such having been my mo- tives, (whatever the merit of the following Letters may be) I cannot with propriety decline the propofal which has been made to mc of col^ lefting them together into one point of view, and of fubmitting them in the form of a pamphlet to the Publick. By doing this, I aA in the faireft manner by my oppo- nents. The grounds of my argu- ments, before difperfed in Vc'^rious papers, and now coUeded together, may more readily be appreciated, and every one will be enabled to determine, whether my propofiti- ons or thofe of the Spanifh Advo- cate are founded in truth. If it be objected to me that I with- hold myfelf from public view, and that ! :' I ]! i . ( , viJi ) that I re-publi'fli thefer Letters un- der a borrowed ;;(ignature,. I have only to fay, th>\t;the caufe of truth needs not the fupport of any name, I do not hold the difelpflire of mine to. be effential in a difcufiion of this nature*. I, gloryhpwever too much in .the 0;bje r; rr;n; >^^' • . * LET E R S. W Number I. S I R, Although little defirous of embarlving as a Dilputant in the Ocean of Politics, and averfe from principle to agitate great Public Quedions, when the interefts of this country are in Negociation, and when the conduft of Mini- llers cannot, of courle, be the fair objec^l; either of Crimination or of Applaufe, I am induced, on feveral accounts, to defire you to infert in your Paper the following Refledions, which have occurred to me on the p(:'rufdl of the " Stric- f.ires on the Spanifh Declaration," lately piib- lifhed in the General Advertiferj a performance not unmeritorious in point of ftyle and manner, however deficient it may be in the valuable in- gredients of Candor, Impartiality, and Truth. As every Englifhman has an intereft in the welfare of his country— the national honour be- ing a colleflive mafs, formed from the indivi- dual honor of the people— and, as upon that honor is founded the well-being, not only of the State, but of thofe who compofe if. it has ever been the inherent right of Englifhmen, to watch ever die condud of thofe to wiiom the pleafure B gf ( ^ ) ^i tl'.c Sovcrelqii Ikis rlclc7j;atcd the linportiinf tru!l of dirc'Sting Public Aifiiirs. As a confe- qncncc of x\\h nfi;ht, no Knij^lilhrnan can be dr- nic'l rhc privilf.pij of commnnicadng to his fel- low rijl">jccl:s his fcritinients on tlioll' afTairs, and gn the conducl o( thofe intriifLt-d wi h tlicir nia- nagoiicnt ; provided he exercifts tliis privilege with decency, and does not exceed the hue of candor and f.iir rcj-rcfentation ; a line traced out, not lei's by good fcnle, than by thole confidera- tioiis which ought to a(51ii;ue every one who is intcrelled for the weifdie of his country. 'I liis I liolcl to be his indifputable right, and he who does it with fliiinefs-— who endeavours by the llatement of facfts lo dctc6t filf.'hood---who la- bors by argunv.-nt iuid lound reafon to remo\c: the veil of error---and who d(jes not, under the pretence of all this, endeavour by fophifin, mil- reprefentation, or direcft untruths, to miflead that people whom he profelles to infi;rucl---luch a one, Sir, I hold to be the friend of his country, and deferving of the thanks of every one to whom Jiis country is dear. Would to God, Sir, that I were able to clafs under this head of friends to his country, that: perfon, whoever he may be, v/ho, in the daily paper I have alluded to, has for fornc time pa(t earncftly requefted the publick to attend to bis ftr'ic^ lures en the SpaniJJ? Declaration. Had he either reprefented fadls with fairnefs, or rcafoncd on the fads lie has flated with common candour— -had he not grofUy mifrepreftnted Both the cafes which he has thought proper to biing into comparifon— -had he not endeavoured, at the expence of truth, to traduce the well earned fame t>f tha: Minifter, who Hands his-di in the confi- dcncc T m w . ( 3 ) ■dcnce and cflecni bjdi of his Sovcrciq-n and liis fellow- llibjcdt:;, bcc:uiic he has icivfd tlicin with a Fidelity only equalled by his uni iv.ilk'd talcnts--- h;»d he not chofcn, for fuch a purj")or(.', the mo- •ir.ent of all othci\s the moil iViCicd to the rt-il J^atrioc— -tliC nioincnt of negotiation- --when tl.e intcrefts of his country a.c at llake, and when its credit, on wliirh tivj luccefs ot*ii\.i: Negotiation riUiil main;/ depeikl, oiifrht not to be fliahen by nillieprefentation, and factious arts---had he not \\]^ 11: ( 6 ) Numb e r III. S I R, A H E firfl: afTertion, which the author of tha Stridturcs brings forward in fiipport of his propo- ficions, is this — " Li the ajfair of Falkland's JJlands^ it ivas an ** lindifj.uted facf, that ive-wera notthefir ft jet tiers-, which is no'iv thought thi rnoft im-pGrlant point in the qiieftion ofrlfht.'' As a proof of this aHcition it is faid, that the French had made a piior fecticment in thofe illands, which they gave up to t'ac Spaniards, years before the dif^'jce between England and Spain ; and that the facl o^ priority in the dijco- 'very of thofe iflands were difpured : Vv hercas, in the aiTair of Nootka Sound, it is an iindifputed fact, that no fettleiiient exited there before ours ; but that the priority of the difcovery feems to be pow, as it was tlien, difputed. The anfwer to this proportion depends upor; matter of fact. . In the year 17(^4, Commodore Byron v/as fent out by Government (or the purpofe of making a fettlement in the Falliland's Iflands. He a;rived at his deltination early in the year foiknving; and eft-abliftjiiig himfelf at a place to vvhich he }jave the ' name of Port Egmont, in the moft weflerly of thofe iflands, he took poifefiion in the name of his Britannick Majefly in the ufual manner. He ercded a fortv/ith four pieces of cannon. A large quantity of Government ftorcs was depoflted there ; the Britiili flag was hoifl:ed, and twQ King's fliips were appointed to that ilation. About ( 7 ) About the fame period, M. de Eoiigainvilld flailed iVom France, on a private enterprize, with- out anv fnpport fioni Government, for the pur- pofe oi' forming a lettlement in the Falkhind's Iflands. Havin^^ done this by the arfiRance of fome Acadian fairiilies, he built a fort in the eaiierrnoit of thofe iOands, which he called Pore Louis, and hoiited the French flan;. Such was the nature of the tv/o efl.iblifhments; the one, a natirjnnl concern, executed by royal authority, and becoming the llation of King's Ihips ; the otht^r, an iiidividual enterprize, en- couraged polTibiy, but certainly not fupported, by the executive power. of the country. The fcttlements were alfo perfectly diilind ; for they were on difierent iflands, at tiie diilance of fome hundred miles from each other ; with fo little communication, that, extraordinary as fuch a circumilance may appear, the Engliili and French continued for more than four years mu- tually ignorant of the formation of thefe rival eftabliflirnxnts. The two fjtdements v;ere not only on d:ffcren£ iflands, but they were on iflands to which neither country had, or could pretend to have^ any things like a frior or exclufrce right. I fay this on a con- viction, that no right but that of alHual fcjfcjjion or prior occupancy^ can amount to an exclufion of other nations ; and in this cafe, no fuch prior occupancy could be arrogated either bv England or France. On the ground indeed of prior dif- covery, the right of England mull have been in- difputable ; fur it is, beyond contradiction, that thefe iflands v^ere orifvinally difcovered bv Eng-hfli navigators more than two centuries ago. Tliis, however, is a fpecies of clviiin too abfurd to be .^pcn ci ed K I J! I -.! •1)1 1 I , I • I ; I :»!:,[ !:;!! ( 8 ) tIfiSpended upon in thefe days ; and, in the cafe or the Falkland's Inlands, it was unnecenary, as the circumftance of their having been unoccupied before the fettleincnt in queftion was formed, gave the firft fettlers a clear and undilputed title againft the whole world. It follows from this, that both Jdtkments were valid Jo far as the territory occupied extended. It would indeed be an extravagant propofition to affirm, that the poirefTion of one ifland necefTarily induces the poflelTion of every ifland in its neigh- bourhood ; as the obvious confequence muft be, that the firfl occupier of any of the Caribee Iflands muft have had an exclufive right to them all J whereas they have been acknowledged as the undifputed property of various European na- tions J and the argument would hold equally good when applied to a continent, and would admit the exclufive right of any nation, whc had firft fettled on the fea-coaft, to the whole territory in every direction. This is a kind of argument /which even the Spaniards, of all others the moft ' ready to advance exclufive claims, never dreamt of maintaining j as appeals from the various fet- tlements formed by other European nations in other parts of North and South America. And yet, without fuch an argument as this, it is not pofTible to eftablifh the propofition in queftion, namely, that the French, by forming a fettle- ment in one of the Falkland's iflands, acquired a dominion over them all ; and that fuch a rights fo acquired, was transferred by them to luc Spaniards. The fadl was, that England was intitled to the fovereignty of Port Egmont Ifland, and France to that ofSolidad or Port Louis i and the I f ( 9 ') the right of each to their refpetfVive lettlc merits was clear, indifputable and exclufive. On thilj ground, the claim of England was limited in the negotiation " to the Port and Tort of Egmont," while Spain confelTcd that claim, by giving orders for the delivering of it up to his Majelly's Officer. Why the F.nglifli Miniftry of that day immedi- ately afterwards abandoned this principle, or why they amufed the publick by a pretended reco- very of a fettlement v^hich they had determined (nay probably had fecretly engaged) fliortly to abandon, is a different queftion, and vvill more properly come under my difcuiilon at a future period. It is evident, therefore, diat the afiertion in quefiion, viz. Thai we were not the Firft Settlers -, is either fallacious or unfounded ; fallacious, if applied to all the Falkland's I Hands unfoun- ded, if applied to Port Egmont. In this latter place we were, upon every principle of the Law of Nations, and upon the eltabhfned ufage in all fimilar cafes, the Firfi Settlers ; we had the ex- clufive right to that eftablilhment, and to the idand on which it was fituated. Nor did the fubfequent ceflion of the French fettlement to the Spaniards in the year 1766, in any degree dimi- nilh the right of the Englifl-j. Spain had no kind of original pietenfions (for it never was even infinuated that fhe had made an eftablifh- ment there) and could derive no more from the French than they had to beftow. What this was had been fecn. The Spaniards therefore ftood exaftlyin their place; but could nor, by any mode of reafoning, acquire a tide, wliich did not belong to thofe from whom their fettlement itlelf was derived. C Let I i Uili; ^^/' ^^ \.v ( to ) Let us now confider the nature of our cflst-* blifliment ar Nootka. Some pri\^:itc Englifh Adventurers, having, fitted out fome vefiels on a l|)eculation of the ad- vantages vy'hich niiglit be derived from a new brand? of trade in the Pacific Ocean, formed an" aifociation with other perfqns of the fame de- fer iption, who had obtained a licence to trade from the Eaft India and South Sea Companies. Finding that the furs on the North Weft Coaft of America were valuable and eafy to be procured in large quantities, they purchafed of the natives :' tradt of country j of which having taken pof- feflion in the name of his Maj<'fty, they built tipon it and hoifled the Br'tilh Flag. That this,, on the principle I have mentioned^ gave them an undoubted title to the place in queftion, is beyond difputc. As the firil: occupants, they had a juft right to> tlie' .lands on which they were thus eftablilhed* This would become a national right, whenever it fhould pleafe his Majefty to adopt the under- taking, and take it into his own jprotedlion. Had the writer of the Stridurcs been fatisfiedwith aflert- ing this fa6ly it would have been onneceffary for mc to have troubled you on thefubjed} as his Majeily's Minifters have not only all along faid e^iiacStly the fame thing, but have adlually taken this principle as the bafis both of the negotiation for peace and their preparation for war, as appears by his Majeily's MefTage to Parliament. To have ftopc here, however, would not have anfwered that Writer*s purpofe of mifleading the public ; the^ natural dedudlions from the a&rtion being, that the King and his Minifters have vindicated, in the 1 ''>/p' I 4 the mod fpiriced manner, the Rights of tlic Crown and of the People, and that they have not luffered even the moit remote and the moll in- confiderable of the fubjefts of this Kingdom to be injured, without exacting from the aggrcflbr an adequate redrefs. He therefore finds himrdf obliged to diftort the truth of the tranladion, and to attempt to miflead the world into a belief, that the kind of diftindion he mentions exids between the nature of die two fettlements. Such an attempt nothing certainly but the grolTeft ipirit of mifreprefcntation could have fuggelled, and no informed man, untindured by the cretin- lity of fadlion, can pofTibly agree to the ccnclu- fion he draws. That a diftindtion between the two cales iices exifl: is indeed certain ^ but it goes only to prove that, of two fetdcments for- ined by Britilh fubjects, the one was a private, individual, concern, the other a Royal and na- tional undertaking ; that at Nootka, the fettle- ment was formed by unknown adventurei s, fo far from being fpecially protecfted by Government, as to be totally unheard of, till brought into notice by the violent a6t of the Spaniards, and adopted by his Majefty, who took them into his protec- tion ; while, on the other hand, the fettlemcnt at Falkland's I (land was a public tranfadlion, executed by authority of Government, paid for by the People of England, and immediately un- 4ier the protedion of his Majeliy's diips of w^f* V E R U S. C 2 N U Nf- ( It ) N UMBER IV. ' SIR, Jlj. a V I N G expofcd the Hillacy o,nd mifre-- prefentation of the firit aflfertion advanced by the Writer of the Strictures, I now proceed to an examination of his fecond aflertion, which I truft the Public will, when fairly ftated, confi- der as equally unfounded with the former. The proportion is this— " In the difpute relative to the Falkland's *' Iflands, zve certainly were the firft aggref- " /crs, though we did not proceed to any adual hoftility : Whereas in the difpute about Nootka, Spain is confefTcdly the aggrefTor." To prove this, we are told that, " Captain Hunt, who comm.anded at Port Egmont, falling in with a Spanifh fchooner on a cruifey *' warned the Spaniards to depart from that coaft, as belonging to the Crown of England :" that afimilar meJTage was Jenl to the Spanijlo Go- *' 'ver nor cf Port '-Trinidad ;" and that ** the fole " dominion of his Majefty to the iflands was « afferted." That, in the prefent difpute, Spain is confef- fecly the aggrcflbr, is a propofition, which I do not mean in any manner to controvert. I deny hovv'ever that, in the year 177 1, IVe were rhe firft aggrejfors. On the contrary, I affirm that Spain was then the firft ciggrejj'or.i and that her agprcfiion then was more atrocious and more in- Jutting to our national honour^ than any thing >fvhich occurred in the late affair at Nootka. The <( cc (C (C s afterwards in a more folemn manner ; when Captain Hunt again afTertcd his Majefty's right, and again warned the Spaniards to depart. In this tranfa6tion, the aggreflion of the Spa- niards is yet more manifed. Here we have a di-» re6l aflertion of the Spanifli dominion over Port Egmont ; a declaration that an infult had been olfered to the Spanilh flag, by a king's fliip, adcxng under royal authority ; and a pofitive in- jundlion from the Spanilli Governor to furrender his Majefty's fettlement. To all this, Captain Hunt replied by a declaration of his Majefty's right to the territory in queftion, and by a warn- ing to the Spanifh officer to depart. Yet, tliis the writer of the Strictures ispleafed to call ^frjl ag- grejjion on our part. The fubfequent trr:nfa6tions at Port Egmont, though they moft evidently prove that, through- out the whole affair, the Spaniards were theyj?/}our th^n any thing which occurred in the late affair at Nootka. The public will deter- Eninc on the candid ftatement of the tranfa6tioii which I have now given ; and to its cool judg- ment I willingly refer ; and I believe no man of cooiKnon knik will deny tliat the aflertion of our having ( »6 ) having been sXxzfirfiaggreJfors in the year T77 r, ji totally void of foundation. Of coiirfe, the infidious comparifon this writer attempts to make lietwcert that adair and the bufinefs at Nootka, iiuifb fill to the ground : for, /;/ both cajcs^ the Spaniards were the firlt aggrelTbrs j in both cajes^ the ho-» nour of this country was infulted ; but, in the af- fair of Falkhind's 1 (lands, the iiifult was propGr- tionably greater t as the open poireHion of the crown of Great Britain, publickly maintained ("or fevc- ral years, w.is invaded; while at Nooika Sound, the pollelnon of his Majelly's fubjedls, wh.ich had not been prcvioufly avowed, and which was then unknown at the feat of Government, was the ob- ie6l of the attack. This fa6l being clearly afcer- tained, 1 trufl: that the attempt now made to mif- reprefent the condu6l of his Majefty's Minifters by an unfair (latemcnt of a plain matter of fadl, inftead of anfwering the purpofes of its flibricator, muft tend to open the eyes of a difcerning pub- lick to the infidious arts employed by a deligning fa{5lion,to impede the operations of Government, to increafe the confidence of our enemies, and t.^^ deceive the people. V E R U S. N U M B E R ( '7 ) Number V» S. S I R, I NOW proceed ^o difcufs the tliird aflertion of the writer of the Strictures, which contains a variety of circunirtanccs very ingeiuoully tortu- red and mirrejjrefcnted^ for the purpofe ot prov- ing th.it the infult ollered by the Spaniards in 1770 was not fo injurioiu. to the honour of this country, as that ofieied by them in the affair at N'oorka. As this is a que(lion(jf faCt, it might be JufHciciU for me to prove tliat it is unfaii ly Ihited, and that no fuch confequcncc can be de- duced from a comparifon of the two tranfafli- ons. The caufe however in which I have enga- ged dlfdains fo circumfcribed a vindication. I have taken up the gauntlet thus arrogantly throv;n -^ iV -the outfit — theri(l< — the expence---the enterprise, and the taking poffefTion, were all thofe of private indi- viduals. Neither the King, nor the publick, knew of the tranfaclion in any one ftagc of it, till, as I have mentioned, the violence commit- ted by the Spaniards, brought it into notice. There is alfo another obvious diilinftion in the nature of the two cafes. At Port Eprmont, the right of England was certain, avowed and exclu-^ ^\^t^ the Court of France never having difputed the fad of our prior occupancy in that Ifland, and Spain having clearly never made any fettle- ment on any of the iflands. At Nootka, it wa.--, on the principles 1 have laid down, equally ex- " ciufive ; but, as it had not been avowed, and as the Court of Spain advanced a pretenfion of prior iettlement, until that point fliould be af- certained, it could not, as a matter between the two countries, be pronounced equallv certain. Confequentlv, the aggrefllon at Nootka could not be confidered as lo great a national infult as that at Port Kgmont, tho' undoubtedly it was an a ( iS ) Number Vil. SIR, 1 HE writer of the Stridnres on the Spanifh Declaration, having finifhed his comparifon of the Icttlements and the aggrefTions in the years 1770 and 1789, proceeds to lay before the Pub- lic a comparative ftatement of the condud of Minifters at thofe two periods j with a view of proving the inferiority of theprefent Adminiftra- tion, in fpirit, in wifdom, and in the fatisfadtion they have obtained for the infult offered to the national honour. To do this he afferts that, '^ in the years 1770 and 177 1, the complaint " againft Minifters was, that they did not in- ** ftantly make preparations for war, when they *' were fii It acquainted with the mellages which «^ had pafied between Capt. Plunt and the Spa- *' nifh Governor : but that they waited three " months longer, 'till they knew that the. blow *^ was atflually ftr uck. They then immxcdiately ** exerted themfelves with a vigour, which was *' the fubj^»5t of much panegyrick to their friends, *' and was not denied by their adverfaries. " Whereas in the prefent year, Minifters were " informed fo early as the tenth of February that " the blow was adlually ftruck ; yet they made no *' preparations for three months afterwards— -*tili '* the 4th of May, when they heard that confide- ^^ rable armanrer.ts were carrying on in the ports " of Spain. In the mean time, on the 19th of " April, Mr. Pitt gave fuch affurances of peace, *' ai> made the ilocks rife to S 1 ." 4 . I fliould ( 29 ) • I fliouki fiippofc, that, if this kind of compa- rifon means any thing, it nnu(t mean that thcMi- nifters in 1770, though they atftcd ic'rr/;;'/y in not arming ;;t the lirft notice of the chfpucc, aikd ncverthiicfs very properly in their jlibfccjiicnt cxcr- lion. It may however be a difficult matter to reconcile this kind of reafoning with what I have already commenced upon, and which was the bafis of tiic com[)arifbn between tue two tranf- adtions ; namely, tliat at Falkland's I Hands ive luere thcfirfl iiggreffors. I f that had been true, we furely could have no right to any fatisfa6tion at all; the Minifters had no pretence to demand any, or to make any warlike preparations, unlefs indeed to jurtifythe wrong we had committed; a m.ode of conduct: which even my opponent mult have con- fefTed to be indefenfible : on the contrary, had we been the aggreflbrs at Falkland's I Hands, this country ought to have given fatisfadion to Spain. The fadl is, diat the Writer of the Stric- tures, having a defperate caufe to fupport, was obliged to brino- forward fuch aflertions, a:> he was able to fabricate for his momentary purpofe of traducing government ; and, as truth is ever the fame, and incapable of taking a colour foreign from itfelf, fo the oppofite of that virtue is very apt to lead him who employs it, into con- tradiction and abfurditv. That fuch is the cafe of the writer of the Stri(5tures on the prefent occa- fion is evident ; and the choice of his two propo- fitions is but a choice of difficulties. If he per- fifts in afferting our firft aggrelTion, then he muTc nament propriety quent for the purpofe of obtaining fatibfa6tion, as well as the whole of Lord that occafion, which he lam s argument on Chathi properly terms convin- cing t';! I - H* - ( 30 ) vincing and unanfvvcrable ; if, on the otlicr hancf, he iulinits that the Spaniard': were the firfl: agfrref- fors, he nmif grant, on his own principles llated in die paffage nov/ quoted, that li.e then admini- ftraiioi) weie incxcufable for not aiming innme- diately on tlicir firft knowledge of the Spanifli attempt, that their fublequent vigour was a fniall apology forfogrofs aneglc6V, anddnt Lord Chat- ham was perfedly right in all his fevere reflexions on both thele circumflances. To reconcile this contradidion I leave the gentleman j merely ob- ferving, that the comparifon he has thus at- tempted mull of couiie fall 10 the ground, and that, unlcfs the criminality of the prefent Mini- flers can be deduced from the faints, which he takes upon him to aficrt in the latter part of the paffage above cited, the people of England will not believe them to be criminaU To invcftigate thoie fa^th of Jprily when Captain Mears preU] ^^' Is Me- morial to Mr. Grenville. This paper indeed conveyed an intelligence of a very diiferent nature from that which had been previoufly received. It was now founH that various vejfels had been Jeized \ that a). EngUfh Settlement had been taken, and that Englifpmen had been treated with unjuj* tifiable cruelty. His Majeily, on hearing their cafe, avowed the pofleflion which had been ta- ken by his fubjeds ; the bufaefs became a natio- nal concern, and the ftrength and refource ; of the country were called into a6lion. Withu ^ ,'J iveek after the affair was communicated, the u:o^c adive and formidable preparations were made ; a-pofitive demand of preliminary fatisfadlion and reititution was fent to Madrid, and the people of England were called upon to adopt the na- tional vindication. To .lat people I leave it to determine on the merits of our Minifter.^ , and ( 3S ) ■ . to repel with deferved ignominy the injurious afperlions of the Advocate of the court of I'pain. The fafts I have advanced mufl, of courfe, confute the lad of thefe aflcrtions, namely, that Mr. Pitt, knowing, on the icth of February, that the blow had afluaily been ftruckj impofcd upon the public on the i9Ch of April, by aflu- ranees of pjace, which made the flocks rife to Si. The fa^ was impojfible ; for no fuch information reached him till the jodi of that month. // is hefides untrue that the language he ujed on that day had fuch a tendency j a matter already too often and too openly difculTed to be worth refuting again : though, had he actually exprelTed himfelf in fuch a manner, the circumfiances I have menti- oned would have warranted his ajjertion in its full extent. In this inltance, however, the writer of the Strictures is peculiarly unlucky, as, by an appeal to dates, the diredt fuifehood of his afier- tion is apparent ; it having happened (as Lloyd's lift, or any Broker on the exchange could !iave told him) that the immediate conjequence of the language held by Air, Pitt on that day was e two s ap- nd to led its e, the be fo me to le pa- in re of :erta"m ly en- more fed by- eve ry an in- Court lole of )]e6l of ^ of the n cap- ( 41 ) tiircd J an adequate fatisfa6i:Ion for the infult which had been offered j and a decifive fctde- ment of the refpedive claims of the two countries, in order to afcertain precifely their relative boundai ies and rights, and to remove all future caufes of difpute. Let us fee how far this obje6t was obtained. ^ A reftoration of the fettlement could be com- fleaty only by its extending to the whole of the J>oJ]!e£icn captured. This, as I have proved, was the Ijland on which Port Egmont was fituated, o^ all which his Majefty was as compleatly So- vereign, as he was of England, or any other of his poflelTions. 'The reftoration cf the Ijland was therefore the point on which the then Adminift ra- tion was pledged. What they got appears from Prince Mafera- no's Declaration, viz. " A reftoration of things " in the Great Malouine, at the Port called Eg- " monty precifely to the ftate in which they were " before the loth of June, 1770 ; and the deli- " very, to a Britifh officer, of the Fort, and Fort " called Egmont-, with its ftores and artillery." The whole Ifland was his Majefty's right ; the whole 1ft and had been feized ; Port Egmont , and Port Egmont alone, was reftored. To this por- tion of his Majefty's rightful poffefTion the refti- turion was confined ; though the Spanllh aggref- fion was made under a pretence of title to the whole ; though Spain he 1 elf, in the outfet of this bufinefs, a(5lually offered to reftore the whole ; tliough flie declared to Mr. Plarris, after the negotiation was begun, that ihe defired nothing fo much as peace ^ and thac, having fo little to get, and fo much .0 lofe, by a war, nothing but the laft' neceflity could reduce her to fo violent a ' • ■ * G meafure; I yfyii r^} 5J ( 4« ) meaflire ; and though our Miniftcr s knew, from unquertionable authority, not only the weak and cjfhaufted ftate of Spain, but that France had pofitively refufed to fupport her in cafe of a war. Without offering a comment on this ftatement of fads, I proceed to confider the kind of Jatisf ac- tion which was accepted for the injult offered to this country. This infult confided of an aflem- blageofoffenfiveadts — diefeizure of his Majefly's fettlement— the detention of his officers and fea- mcn— the indignity fhewn to a King's fliip, by depriving her of her rudder, and keeping her in that difgraccful ftate for thirty-four-days. The aggregate of thefe circumftances amoun- ted to the groflcft and moft offenfive indignity ever offered to this country, and of courfe re- quired the moft compleat and fatisfactory repara- tion, which one country could make to another ; which might wipe out every veftige of the offence, and might fatisfy the injured honour of a great King, and an high fpirited people. The Jatisfa5tion accepted appears fiom the Declaration. His Catholic Majefty decla- red " he had feen with difpleafure an expedition " tending to dijlurb the good harmony between him " and his Britannick Majefty j and that he difa- *' vowed^the faid violent enterprize." '^ When I affert this to be the whole of the fa- tisfaftion, fo pompoufly brought forward by the Advocate of the Court of Spain y as an obje^fl of comparifon between thofeMinifters who accep- ted it and the prefentAdminiftraiion, and as an evidence that his Majefty's prefent fervants have comparatively fhewn themfelves more regard- kfs of the intereft and honour of the ftate, I fhould ( 43 ) (hould feel apprehcnfive that my aflfcrtiori would be laughed at, by every intelligent reader, were I not able to refer to the Declaration itfelf. This authentick inftrument contains my evi- dence J and further proves, that even this Jatis- f anion was not compleat, as it is cxprefsly decla- red to have been given on a confideration, that this event might interrupt that peace, which Spain had repeatedly declared it her abfolute intereft to maintain, and by no means from a convidion of the impropriety of what had been done— of attention to the dignity of this country —or of a defire to atone for the infult. As to the difavowal of the King of Spain, which the Spanijh advocate aflerts, " did away the offence," it was a fpecies of reparation inadequate to the infult, and derogatory from the dignity of this country to accept. The Court of Madrid dif avowed indeed the a6l of hoftility, as proceed- ing from particular inJiriUlions j but (hcjuftified it, in every ftep of the negociation, under her general injlru^icns to her Governors j under the oath by them taken, and under the eilablifhcd laws for the government of her American pofTef- fions. This general order was never difavowed nor explained i nor was any difavowal or expla- nation of it ever demanded by the Minillers. On the contrary, the public was impofed upon by a general phrafe, implying a dilapprobation and a difavowal, while the exprefs terms, on which the negociation was condudted, were a declared approbation and avowal of the whole tranfadlion. Nor could this difapprobation and difavowal be conftrued in any manner to extend to the in- fult offered to his Majefty, by unlhipping the G 2 rudder >t^ U' 111 ( 44 ) riulder of his Majefty's fliip j for it is cert ..., that this degrading circumllance never formed a part of the negociation ; no fatisfadion was ever required for it; nor is it even hinted at in the Declaration. This was an a6t which could not be fupported on any idea of its being necef- fary for the redudlion of the fort ; nor indeed did the Spaniards ever pretend fuch a necclTity, or ever attempt it. Tbis tinpcirallded and auda- cious Injult therefore was wholly winoticed -y the country remained without atonement j and the Britifli flag was ftaincd with impunity. * So much for the reftoration of the fcttlement, and the fatisfa6lion for the infult. On the re- maining point, namely, the final fettlement of the refpedtive claims of the two countries, the ■whole may be faid in very few words. There was tjot a fy liable upon the matter^ either in the Decla- ration or the Counter Declaration, On the con- trary, there is the mod direct and unequivocal aflertion on the part of Spain, \v ?r difputed nor qualified, and therefore adiT....vJ, on the part of England, that the reftoration of Port Egmont, could not, nor ought, in any wife to affetl the quejiion cf the prior right of Jovereignty of the Malouine or Falkland's Jflands ; a right which, as I have fliewn, never did. .nor could exill-— which this country in juflice might and ought to have denied; but which the Miniflers of that day, inftead of finally fettling, or at lead putting in a counter claimx againft ir, fludioufly avoided to touch upon from the beginning to the end of the tranfa^tion— a tranfadtion which (to vSc. the emphatical words of the protefting Lords of that period ) /t///c^^ no contef, ojferted no right ^ exa^cd ( 45 ) e%a^ed no reparation^ afforded no fecurity ; lut Jicod as a monument of reproach to the ivijJom of the national councilsy of difljonour to the ejjential dignity of his Majefifs Croivn, and of difgrace to the hitherto untainted honour of the Britijh flag. Number X. S I R, Bi ►EFORE I enter upon the difcuflion of tlic Declaration and Counter-Declaration, figned on the 24th ofjiilylaft, I muft advert to a very material diftindlion between thofe inflrunnents and the Declaration and Counter-Declaration of 1771 ; viz. that the latter formed the mily fettle- ment of the tranfacStion in qucflion, and were neither followed nor meant to be followed by any thing more definitive j whereas the former were no other than a preliminciiy fiep to an ulterior and conclufrje negcciaticn, in w^hich the feveral matters in difpute between the two Courts might be fully difcufied and fi- nally arranged. Ihis diftindtion the Spanifh /id- vocate very ingenioufly forbears to notice ; though it is very eflcntial to the fair difcufTion of the queftion between us j and he argues upon the two Declarations as if they were both conclufivci tranfadlions, abfolutely terminating the feveral negociations. He has even the haidinefs to af- fert, that " Mr. Pitt pledged himfelf and his ♦* Royal Mailer, to infift on the full and final de- *' termination n { 46 ) " termination of the quejlion of right previous to " the negociation j" an aflcrtion diredtly and pofi- tively untrue. From the firft communication >f this bufmefs, by his Majefty's mefl?,ge to Pr*r- liam.ent, two ohjefts, in their natures perfe6lly dif- tlndt, were brought forward; the firft, a fatisfa^lion ior the national infult and for the individual injury which was declared to be Tifwe qua noa , and to be antecedent to any other difcuffion : The fc- V ond, an inveftigation of the refpe6live claims aiid demands of the two countries, by which their feveral interefts might be afcertained, and ^11 occafion of difpute in future might be remo- ved. This was the language of the King's mef- ^age on the 5th of May ; and it was afterwards the language of Mr. Pitt, in moving the Ad- drefs to his Majefty, as well as in his reply to Mr. Fox in the Houfe of Commons j on this principle it appears that Mr. Fitzherbert nego- ciated \ that, conformably to ir, the Declarati- on and Counter-Declaration were interchanged, and that upon it the negociation itfelf is now proceeding, I therefore confidently fubmit to the public the diftindlion I have drawn, between the nature of the inftruments which were exchan- ged at the two periods; and fhall proceed to Jhew how far the objeft which was held out at the beginning of this bufinefs, that is, a JatisfaEiion freliminary to a negociation on our rights and pri^ vllegeSy has beenfucccfsfully accomplilhed. The aggreflion of the Spaniards at Nootka confifted in the feizure of feveral Englifh veflels, gind the property on board of them ; in the im- prifonment and cruel treatment of the failors ; which were followed by the Icizure of a diftridt, which •>( . ( 47 ) -which had been purchafed of the natives, and on which a building had been ereAcd. Thefe failors, however, had no royal commifllonj the fettle^ ment, the veflels, and the property, were thole of private individuals, unauthorifed by, and un- known to Governmenti whole eiuerprife and poffeflion had not been avowed by his Majefty, and who, confequently, had no other title to his p:ote6tion, or to a national interference in their behalf, than what arofe from the general ground of their being Britilh fubjeds. Nor did all the parts of this aggrefllon prove to be the objcdls of fuch an interference j as, antecedently to any dif- cuflion, a compleat fatisfa(5tion, as it appears, had been given on the fubje6t of the cruelties ex- crcifed upon the failors. Thefe the Court of Spain difavowed, and adually ordered M. Marti- nez, who had perpetrated them, to be arrefted and tried for his mifconduct, immediately on the firfl intelligence arriving at Madrid, and before any reprelentation was made on the fubjed by our Court, Of courfe, this country had al- ~ ready received every poflible degree of fatisfafli- on on that point, vvhich juftice could require, or which even the moft punflilious delicacy could conceive to be neceflary. The Court of Spain had not only denied the exiftence of any order for the commilTion of this offence j but had volunta- rily ordered the offender to be brought to puniih- ment; and that too ^c?i7^r^i//y for having difobey- ed his general orders, which, far from warrant- ing the leverities he had inflidled, required him to Ihew all poffibk regard to the Britifh nation, r The remaining fubjecls of difcuffion, imme- diately arifingfiom the tranfadtions at Nootka, were \ !|! ( 48 ) were therefore the feizure of the fettlement and of the vtiTels and property. For the latter of thefc ag^7;:'efrions the Spaniards had alfo, antecedently to any difcuffion, made a fpecies of atonement ; for ihe Vice-Roy of Mexico had fct one fhip at liberty, immediately on its arrival in that govern- iiicnt, as we learn from his Majefty's meflage to Parliament ; and, as appears from informa- tion fince received, the other captured fhips were alfo fet at liberty by the Vice-Koy, and their crews were fupplied with provifions, (lores, and money, to ena,ble them to purfue their voyages* This, however, was a reparation extremely in- adequate to the offence J as it was made on an afllimption, that nothing but ignorance of the Rights of Spain had encouraged them, or could encourage others to vifit thole coalls, for the pur- pofe either of making eflablilhments or of carrying Gil trade ; although it v/as repi-efented to have been done by the Vice-Roy in conformity to his pre- vious infbrudlions, requiring him to Ihew all pof- fible regard to the Britifli Nation. It is evident that fuch an affumption implied both a right in the Court of Spain to do this, and the exiitence of orders toinforce fuch aright; the firftof thefe this country could not, on any principle, admit -, and the orders of a monarch could not be done away by the adt of an individual, however high his fituation might be. An attention to the ho- nour of their country made it therefore neceffary for our Minillers, to call upon the Court of Spain itfelf to give dire6l fatisfacSlion for an inju- ry, committed by an officer ailing under its im- mediate commifTion, and grounded on its preten- fion to- carry that point ; the ulterior difcufllon of intereft and claims afterwards became open to both par- ties ; and> as a public evidence of the exiflence of fuch reciprocal claims to the territory in queftion, a claufe of refervation, exprejily dijfinguijhing them from the 'preliminary jatisfailion^ wa« mutually in- ferted in the feveral inllruments exchanged by Mr. Fitzherbert and Count Florida Blanca. Thefe claufes of refervation,, the very mention of which has been avoided by the Spaniih Advo- cate as completely overturning his argument, require a particular difcufiion, and would carry me beyon 1 thofe lir;it>, which an attention to your other correfpondents could afibrd me. I will therefore. Sir, poftpone this fubjedl till my riext letter, in which I hope to conclude what T have to fay on the companfon fo invidioufly at- t£m|5ted> •( 5t ) ■tempted by the Advocate of the Court cfSpain^ 'becween the affairs of Falkland's Ifland and Nootka Sound. When I fhall have done that, the public may be aniii cd that I will not fail to make good nnypromire, of meeting this Spanifo Lniifary on his new ground, and otinvefligating tlic docflrine he thinks proper to lay down ref- peding the Convention of the year 1786 ; a doc- Ti ine of a nature fo unwarrantable, as to call for the indignation of every Englilliman i and exceeded in its fophifiT:s and abfurdity only by its dange- jrous public tendency. V E R U S, Number XL SIR, vJf all the various and eflential points in which the prefent tranfadion with the Court of Spaia differs from that of 177 1, there is not one fb material, or fo deferving of being particularly ' explained, as that arifing from the claufe of Re- fervation contained in our Counter-declaration. Were the two tranfadions in all other refpeds alike j were there no diftindtidn between the right, the aggreffion, or the degree of fatisfac- rionj. were both of them to be confidered with- out any reference to any ulterior negotiation ; riiis claufe would eftabliOi a contrail of the moft ■eiTcntial importance. I have fliewn that, in the affair of 1771, our H 2 Minifter* '! !i I !! it r.'i 1 ■ ■; 11 I I 'K : I MM i C 52 ) Minifters admitted a refervatlon, on tne part of the Court of Spain, of her prior right of fove- reignty, without eithei^ putting in a counter- claim, or even hinting at fuch a pretenfion on, our part; by which they virtually acknov/ledged the txclufive right of the Spanilh Crown. For^ on the principle of exclufion alone, fuch a re- fervation of right could be founded j the Spa- niards neither having, nor pretending to have,, made any fettlemcnt in thofe I (lands. And this too was fufiered by the then Minifters, though they knew all the circumdances I have before mentioned, and were convinced that Spain, weak and exhauiled as fhe was, neither defired nor was ready to engage in a war. In tiie prefent bufinefs, though the difficulties of conducting it were in feme refpecls compara- tively gre.iter ; though the call upon the natio- nal honour, however flrong, was in a degree lefs cogent ; and though the llrength and refources of Spain were much more formidable j our Mi- niHers have more fuccefsfully maintained the rights and interefts of their country. The fame pretenfion of exclufive right to the Coafl: of America flill inOuenced thecondudl of Spain: on that arrogant afilimption the qnairel originally began, and was juftified in the two declarations of the 4th of June. TJie Britifli Cabinet, how- ever, v/as no longer guided by the timid coun- cils v^hich influenced the adminiftration of 1771. The extravagant pretenfion of Spain was now denied ; her exclufive right was not admitted to extend beyond her adlual pofTeffion ; and the right of Britiflifubjetfls to vifit andoccupyjtheun- fettled parts of the Am.erican Continent was afiert- cd. On tliefe principles, our demand of prelimi- nary ( S3 ) niry fian^niflion was made; the right of his Ma jcily'n fubjecls to fettle on the North Welt coaft of America, in places not previoufly occupied by any o^her power, was afllimed as the ground of that elcmand ; and from that right was dedu- ced the complaint of the injury, arifing from the feizuie and detention ofBntifh fubje6ls and pro- pel ty. i'hc force of this reafoning, and the principle on v/hich it was founded, were necefTa- rily admitted by 5)pain, by the fact of making the fatisfaclion requiicd for the injury done by the aggrelTion of her o£Bcers ; and, had the inltrii- ments exchanged gone no farther, liad the tranlaction refled here, the exclufive right of die Crown of Spain could no longer have been maintainable. A claim of a Britifh Monarch, however, of a nature fo important to his dignity and to the interelts of his people, called tor a ftronger acKnowledgm^Nir, than w hit arofe merely from implication cr from a conpLTucftion of phra- fes, however jult and undeniable fuch a conitruc- tion miight be. Ccnfcious of the juflice of his claim, it became a great and powerful King to aflert it, in direct and pointed terms ; it became him to require the acceptance, and confequent- ly the acknowledgment of it, from the power which had denied it. His Majefty has ajjcrted this claim ; he has alTerted it to extend to the right of his fubjefts to any eftablifoment which they may have fonnedy or fuould be defired of for- ming in future^ at Nootka ; and he has pflerted it in thefe terms, retroJpeElive as well 2.%prcJpeC' tive, in marked and emphatical cojitradiitinc- tlon to the refervation of the Spanilh Monarch, which is abfoliitely^rc//)^J?iz;^, or, in his Catho- lic Majefty's own words^ " to any right which '' his * ( 54 •) ^^ his Majefty may claim to form an exclufivc •*' eftabliihment at the Port of Nootka." Having thus gone through the whole of thefc two tranfadions, and having, as I trull, fatis- •fadorily proved the mifreprefentations and fal- lacies obtruded on the puljlic by the Advocate of ihe Court of Spahty I willingly leave the decifion of the queiHon to a candid and difcerning pub- lic. From the fair ftatement of* facts which I have brought forward, and from the confequen- ces refuhing fiom^them, it furely muft be par- ticularly pleafing to ev^rry lover of his country., who can blulh for her humiliation, or who can triumph in her glory, to refledt on the flriking and proud diftindlion which marks the prefent iranfadion. That which was negk^ed when our right was indif put able ^ has been done when our right was liable to difcuffion ; what the exhaufted Hate of Spain intimidated former Minifters from inforcing, has now been gained when her l^rength and refources were great j what /i?^/ ad- minillration did not dare to ajky this adminiftra- tion has obliged the Court of Spain to grant. The proud pretenfionr the exclu five, claims of that engrofTmg monarchy, are now reduced to €\\Q. level of a -calm difcuilion, and the idle vaunt of an unlimited aad undefinable right is lowered toan admiiTion of the claims and pretenfions of the Britifli Crown. On this footing do we now proceed to negotia- tion, trom a knowledge of what has already been done, a fair judgment may be formed of ■what is yet to be expeded. As a fteady adhe- rence to the rights of this country, as vigilance, inrmnefs and refolution have already obtained ftbr us the iatisficlion which we claimed, we arc juftificd ( =5 y juRlfied in hoping that a continuance of fuch exv ertions will bring this bufinefs to a happy con*^ clufion, and finally remove the occafions of fu- ture wars. That our' caufc isjuft no true En- glifliman willdeny. Let us therefore confident* ly hope diat peace, the fiifl and grcateft of bleffings, may be the end cf our negotiation ; ler, us unite, hand and heart v in every meafure which can tend to {o dcfirable a conclufion j net inviting war, but not avoiding i': by diflionoura^ ble concefTions i not invading the. rights of othcp narions, but vigoroufly maintaining our own. V E R U S. Number XIL S I R, • -tlAVING- gone through, and, as I truft',, fairly confuted the arguments advanced by thti Spanijb Aduocate, in ibpport of his comparifoil between the affair of Falkland's Illands and^ Nootka Sound, 1 now proceed to fulfil my pro - mife of difcuffing the merits of his more receni propofitions, viz. " That in the prefent inftance we have en- croached upon a coalt which, by our acknow'- ledgment, in the convention of 1786, belonged to the Crown of Spain." " That, though the late L,ord Chatham cal- led the commerce widi Jouth Am.erica a fmug- gling trade, and f^ud he trullcd no BritiUj Mi- nifler would dare to avow fuch a trade in the face 4. &k I m f- m ¥' Hi P.- vm r wl ^• mm 1- mrii /■■ i ( 56 ) of Parliament, his fon, our prcfcnt Miiilfter, hus not only dared to avow it, but, afccr conHrrnin,^ tlie right of Spain to the cxclufive dominion iii that coad and ifles adjoining, and the navigation of the South Seas, by the Convention of 17^6, has dared to break the Faith of Treaties, by cllab- lilhing a fetdement, and even building Ihips iit Nootha Sound, for the pur])ofe of carrying on that very commerce which his father fo fcverely reprobated. " That, when he had thus drawn the nation into the neceflity of arming in defence of its ho- nour, not its right, Mr. Pitt, with the precipi- tancy of a (hallow, incautious, and unexperienced polidcian, pledged himfelf and his Royal Mafter to the Kcprefentatives of the Nation, not to en- ter on any negociation until rcfatution vv-as made for the infult offered to the Britifli (lag, and the qucftion of right was clearly and finally adjufced.'* And thefe charges, as well as the abfurdity of Mr. Pitt's folemn promife to Parliament, and the injuftice of his condutl in the whole proceed- ing, the writer undertakes to, prove by the Con- vention of the year 1786, whether confidered by itfelf, or as contrafted with the treaty of 1783, from which and from the arguments to be dedu- ced from them, this writer wiflies the public to determine what degree of confidence is due to a Minifter, who has thus violated the faith of treaties, and the lavv^ of nations. Such, Sir, isafairltatement of the heavy char- ges brought by this anonymous accufer againft that man, who, for nearly feven years, has en- joyed the favour of his Sovereign, and the fup- port of his fellow fubjtds 3 whofe adminiftra » tion tion has proved the blcfling of this country, and i/i whofc hands the comiiKTce, the finances, the honour and profperity of this kingdoni have arilcn to a degree of fplendour, never furpaiTed, if in- deed equalled, at any fornner period of our hiflo- ry. The Englifh nation, cohfcious of this truth, will furely fpurn at this daring, and, I will add, fcandalous attempt to blaft his fame. They will mark with meritetl indignation and contempt the falfe aflertions and the fophiftical arguments of this SpaniJ}) emijfary^ who has prefumcd to de- bafe the Englifh Charii(5l:er as well as Language, by difleminating do<5lrines difgraceful to the na- tional honour and good faith— falfe both in their premifes and conclufions— deftrudive to ourin- terefts and our glory— and, in a word, avowed- ly and fhamelefsly calculated to promote the caufe of Spain, by furnilning tliat court with a hew argument againfl us, and thereby fortifying any oppofition flie may be inclined to make to the juft demands of England. Thar, under the mildeft and bed governments, men liave been found fufficiently defperate to attempt their fubverfion, is a truth which the experience of mankind has too ftrongly confirmed j but it is furely novel in the hiftory of mankind, that fuch attempts fliould appearwith impunity in'open day, and that the freedom of the prefs fliould be abu- fed for the fervice of that very country, between which and ourfelves a difcufllon of the moll deli- cate, as well as important nature, is acflually de^ pending. The accufation of this Spanifli emiflliry may be reduced to four proportions. I ft. That, by the Convention of 178^, w I 'C \ acknow • i: $ ■If I' i. ' ( 58 ) acknowledged the territory of Nootka Sound t© belong to the Crown of Spain. 2d,' That Mr. Pitt, in oppofition to the doc- trine held by his father, has dared to avow a fmuggling trade on the territory fo acknowledged to belong to Spain> with various circumltances of aggravation. 3d, That, by fo doing, he has drawn this country into the neceflity of arming in defence of its honour, not of its right. 4th, That he pledged himfelf and his Royal Mafter to the Reprefentatives of the nation, not to enter into any negociation until reftitution was made for the infult offered to the Britilh flag, and the queftion of right was clearly and finally adjufted. Thefe propofitions I purpofe thoroughly to difcufs i and before I conclude, I truft I Ihall be able to convince the public, beyond the poffibi- lity of contradiftion, of the futility of the argu- ments, as well as the grofs fallacy of the fafts, which this writer has dared publicly to advance. I have already driven him from one ftrong hold ; and I pledge myfelf not to quit him, till I hive compleatly taken off his mafque, and Ihewn him, in his true fhape, the advocate and emijary of the Court of Spain. V E R U S. Number ( 59 ) Number XIII. SIR, .1 HE firfl propofition of the Spanijp AdvotaU ^^> that, by the Convention of 17 16, we acknow- ledged the territory at Nootka Sound to belong to the Court of Spain. As an evidence of this, he quotes the pream- ble of the Convention ; and, from the wilh which is there exprcfled by the Kings of England and Spain, to prevent even the Ihadow of mifun- derftanding, which might be occafioned by doubts or other caufes of mifconception, between their fubje6ls on the Frontiers of the two Monar* chiesy efpecially in diftant countries, fuch as are thofe in Ameiica, he argues that the exdu/ive right to the North Weft coaft of America was abandoned by us to the Spaniards i though as he immediately after fays, this humane wifli was cer- tainly confined, in this inftance, to the South- 'Eaft coaft of chat continent, and the avowed ob- jedl of the Convention did not extend beyond a fmall portion of that coaft. This appears rather to be an abfurd mode of reafoning, and tolerably fubverfive of the propo- rtion it is brought to fupport. And indeed the Writer himfelf feems fomevvhat of that opinion, as he fuddenly quits it for the firft article of the Convention itfelf, from which he threatens us with convincing proof Let us fee, fays he, in •what manner this fpeculative wifti is to be carried into pra6lice. It is done thus— His Britannic Majefty declares that his fubjedls (hall evacuate I 2 tk m cc €C to eftablifli any claim of the Spaniards to any thing beyond that part of America^ which had been acknowledged to belong to them, and which they themlelves defined by the title ofSpa^ nijh America, Thefe are fadts which 1 am convinced no well informed man will deny -, bur, as I do not wifh to leave a doubt in the breads of my countrymen on this important fubjedt, I pro- pofe topurfUc it further in my next letter. V E R U Si MM Number XIV. S I R, T HE propofitidns, with which 1 concluded my laft letter, are perfectly decifive of the quef- tioHi and, unlefs they can be overturned, the affertion attributed to Mr. Fox muft fall to the ground. Although I am well affured that that Gentleman, accuftomed as he is to efcapc fron^i a conclufion ^vhich fubverts his argument, will never openly alTert that what I have advanced is not well founded, I know there are others, who fcruple not to bring forward, as facSts, propofi- tions made for the lervice of the moment, which they confidently impofe upon the publick as truth, and which they either maintain or defert> as beft fuits their immediate purpofc. How far & theic ( 66 ) fhefe arts may be Carried, the Spanifi Advocate, whofe fallacies I have for fome time been en- gaged in detefling, affords a Itrong proof. To deltroy fuch fophifms is the duty of every well- wifher to his country. With that view, there- fore, and to prevent the publick from being mifled by groundlefs affertions, I proceed to fhew, by irrefiftible evidence, that it never was, at any period of the negotiation, in the contem- plation of Spain to aflert a claim to any thing more, than thofe diftri6ts which had been pof- fefled by the Englilh on tiie Mofquito and Hon- duras fhores j that nothing beyond this was either advanced or admitted by the Englifli or the Spanifh Minifters ; and that there does not ap- pear, in any of the inftruments which palTed on the occafion, any paffage, to which, in fair con - llruftion, a different fenfe can be given. Had the Spaniards entertained the idea of an txclufive right to the American Coniinent and the Jflands adjacent, which is attributed to them by their Emijfaryy and which Mr. Fox is declared to have afferted, there can be no doubt but that they would have taken good care to ftate it in broad and precife terms, when the negotiation for a peace beg;"m in 1782; and, had fuch a claim been admitted by us, it is equally evident that it would have been diftindly mentioned in the Pre- liminary Treaty. For a matter of this impor- tance can neither be demanded nor conceded by implicaticn ; exprefs and poiitive terms are ne- celj'ary to afcertain a right, which, in its confe- quences, goes to an extent unheard of in hiftory, and is totally fubverfive of thofe ellablifhed prin- ciples, on which not only the laws, but the domi- nion of nations are founded. Let us therefore infped the Preliminary Treaty, and let the claufe ( 67 ) chufe be produced in which this demand and concefllon are contained. I affirm that, from tlie beginning to the end of it, there is not one word which can, even by any quirk, quibble, or falfe interpretation, be tortured into any thing like fuch a meaning. On the contrary, there are exprefs fajfages which directly militate againft fuch an idea, and which prove that an exchifive right to the American Continent and Iflands was not in the contemplation of Spain. Such is the reftorarion of the Providence and Ba- hama Iflands to his Majefty ; fuch is the general reftoration of all countries and territories which had been conquered by Spain j an article which, it it applied at all, could apply folely to America, as no other quarter of the world af- forded an obje6t on which the claufe could ope- rate. But if the exfreffions of the Treaty prove the aflertion attributed to Mr. Fox to be ground- lei's, the ftlence of the Spaniards on the very point in queftion proves it yet more ftrongly. We were then de fa5fo compleatly in poiTeflion of the Mofquito country. This' formed a part of the continent, particularly valuable to the Spa- niards, and which had been for many years the foiirce of infinite complaints from that Court. J.n exdufive right to the American Continent miift have included this Settlement^ which was fiiuated in the heart of it ; and, of courfe, its CefTion muft either \\2.wq formed a part of the Treaty ^ or, on the principles of the Spanijh Advocate^ its immediate abandonment muft have been the una- voidable confequence. As an anfwer to this theory, I a{3pe-al to the h^. Was the celTion of the. Mofquito Shore mad a part of the Treaty? or did fuch an event appen in confequence of K 1 its ( 68 ) being figned ? We know that the contrary of both thele was the truth ; and therefore the con • fequence is evident, that the exclufive right of the Spaniards was never brought forward by them or admitted by us. The Preliminary Treaty affords us yet another proof of the propo- rtion I have advanced. When, in fettling the fourth article, the queftion of the Spanifh fove- reignty in America was adtually agitated, the Spanifh Right was not extended further than to the portion of the Honduras Coaft, on whicl\ the fubjedts of England were permitted to cut logwood. And even heie that right was not affirmed to be exclufive j the exprcflion, by whicl^ it was declared, being as limited and confined to the Honduras Coaft as polTible, The words of it are, " provided that thefe ftipulations" (i. e. the right of cutting logwood on the Honduras Coalt) ". Ihall not be confidered as derogatory ii^ " any refpedt from the rights of his Catholic ^' Majefty's fovereignty." A declaration ex- tremely neceffary, and proper for a Sovereign to infifl upon, when a liberty of fettling on his own territory was given to the fubje(^s of another power. It is therefore evident, that the expre/s words of this Treaty with regard to the Providence and Bahama Iflands militated direiftJy againfl this exclufive claim i that thtfdence of the Spaniards concerning the Mofquito Shore was an implied dereli<5lion of it ; and that, when tlie Right was agitatedy it was exprejsly confined to the Honduras Settlement. The conclufion therefore is, as I have already alferted, that the Preliminary Trea- ty does not contain a fyllable which can prove fhe (xclufive right of Spain to the American Continent; ( 69 ) Continent and Iflands. In my next letter I mean to fhew, that the definitive treaty is equally void of evidence to that purport, . VERUs/ Number XY, S I R, As the preliminary treaty with Spain afFords, Mr. Fox no ground for the aflcrtion attributed ta him by the Spanijh AdvocatCy fo the definitive^ treaty with that power, which enters flill morq particularly into the nature of the claim in qucf- tion, affords an additional proof that it was not intended to be exclufivey and that the aflertiun was one which Mr. Fox will probably never infill upon, fhould the bufinefs before us come intoi public difcuflion. In the Definitive Treaty, we have the fame exprefs words, with regard to the ceflion of the Providence and Bahama Iflands, and the reflo- ration of the territories which had been conquered by Spain, toprove thenon-exiftenceof this^,vf//(/rj^ ^laim, which were ment;ioned in my preceding Letr ter ; we have alfo the {a.mcjilence of the Spaniards^ on the bufinefs of theMofquito Shore. The fixtl^ article, however, which exprefsly treats of the Honduras Coaft, proves that that, and that alone, was in the contemplation of the negocia-. tors, and that the exc/ujive right of Spain was, {pecifically limited to that diftrid. This treaty was the performance of Mr. Fox himfelf. It was indeed indeed grounded on the Preliminary Treaty ; but the whole of the article I have mentioned (the only one which at all treats of the fovc- reignty of Spain) was entirely new modelled, and fabricated into its prefent fliape by that gentle- man. If therefore 1 fhall be able to fliew that, fo far from containing an exclufive claim to the whole of America, it exprcfsly limits the Spanijh claim to the Honduras Coaft, it mud be admitted the alTertion attributed to him is totally void of foundation, and confequently that the deducflions of the Sfanijh .Advocate are idle and fallacious. The preamble of this article exprefsly Hates the grounds on wliich it was made. " The in- tention of the two high contracting parties be- ing to prevent, as much as poflible, all the *' caufes of complaint pnd mifunderflanding " heretofore occaH -led by the cutting of wood *^ for dyeing, or logwood ; and feveral Englifh *' fettlcments having been formed and extended, *' under that pretence, upon the Spanilh conti- *' nent." Nothing can be fo evident, as that the fole objedls of this article were the preven- tion of difputes in confequencr of the pradice of cutting logwood, and the future Limitation of the diftridt within which logwood v/as to be cut. We accordingly find that boundaries were mar- ked out, beyond which the Enghfh vvere not to pafsj and within thefe, the King of Spain afTures to them the enjoyment of all which is exprelled in thii article j " provided, that thefe ftipulations •* fhall not be confidered as derogatory in any " wife from his rights of fovereignty. ** What rights of Ibvertignty? Undoubtedly thofe which extended over the diilrid on which the Englifh logAood cutters were thus permitted to fettle. It t( €€ iC << by proving the faJfehood of the aflcrtion, and of the inferences fo artfully obtru- ded on the publick ; and I now proceed in my jfollowing letters, to inveftigate the truth of the Spanifh Advocate's rcafoning on the Convention concluded in the year 1786. V E R U S. \.. .. ^ ■. • ■> :- h ; r ;lf .( /.'U- ^u-^" .r . ^ s '-.;> , . (. -.1 ... ' . . ' ':• , •■• '"' ■• .t ^^- i ■• '« f.^n. ! ■ , . » -_' .'-.* w 1 (- *« i.*,i«j#v< fii'- iiH r 4^^aj4 I. N V M- ( 7+ J A ' \? N U M » E R XVL v\. SIR, '\ ""'1 03 f:::- - rOf'.'rivO .iicl i H AVING afccrtained Che nattrre of the Spa- xiifh claim, I mufl now recal the attention of the pubhc to thbfe propofirions which the Spa- nijh Advocate affertcd would be clear, when that claim, on which he affirmed the Convention of 1786 was founded, fhould be confidered. I perfectly agree with him, that, on this claim the convention of 1786 was founded \ and I hav frovedy that the claim itjclf was not general nor excluftve. It will therefore be fomewhat difficult for him to convince the public, that, though the Spanifh claim was limiied by the Treaty of Peace to particular diltrids ; though the Convention of 1786 was founded on that claim ; and though, as he exprefsly afferts, the only queftion between the two countries refpeflcd merely the country of the Mofquitos in particular ; it will, I fay, be diffi- cult for him to convince the public, that, (as he alfo exprefsly aflerts) the evacuation of the Conti^ nent in general and the IJlands adjacent without ex- ceptiony was the great, the prominent objedl of the convention j that the conjunction copulative, as ivell, contains a transfer of the whole Continent of America to the Spaniards j or that, though the letter of the Convention does not go minutely to the prefent cafe, yet the fpirit and the principle of the Convention immediately and moll pow- erfully apply to cede the whole of America, both North and South, to Spain. This however is the tafk which thl5 Spanifh Emijfary has engaged to execute. The extreme ablurdity of fuch pro- ^ pofitions, ( 75 po'fitions, and tlie evident impoffiblllty of dedu- cing any thing like a rational conclufion from fuch ridiculous premilTes, might well excufe mc from drawing them out of the conten:iptuous ob- livion into which they probably are already fallen. My abicrvrition on the policy of facflton has how- ever convinced me, that, to treat wirii a difdain- ful Clence the efRifions of falfehood or of malice, is, in truth, to ferve the very piirpofe for which they nre intended. The fadl: which is not con- tradifled, is immediately proclaimed to be invin- cible ; and an argument, the abfurdity of which made a reply '-ppear unneceffary, is direftljT vaunted to be unanfwerable. To prevent this, and to Ihcw the world that, the more this bufinefs is fifted to the bottom, the more evidently the propriety of the meafures adopted on the pre- fent occasion by government mull appear, I will pafs over the contemptible reafoning of this writer, and will proceed to Ihew that, by the convention of 1786, no further claim of the Court of Spain was recognized by this country, than had been acknowledged by us in the Definitive Treaty of 1783. The reader will recoiled, chat, in my Thirteenth Letter, I Hated that Mr. Fox, not thinking it incumbent on him to carry into effcdl Lord Grantham's engagement to give up the Mof- quito fhore to the Spaniards, preferred leaving it as an unfettled point, and as a good ground of quarrel, whenever this country or Spain might think a favourable opportunity prefcnted itfelf. This great Statefman may pofTibly conceive him- lelf juftifiable for having a6ted thus : though, till he gives a better reafon for it than any of hi^ friends have hitherto done, the public will per- haps be inclined to think it a mealure of no very L 2 cxtraor- ( 76 ) extraordinary politipal wifdom. To avow, ot\ the Dutch bufmefs, as a iSecrctary of State, the weaknels of this country to be fuch, as to make the further profecution of a war impradicable, at the moment when a negociation for a peace was beginnin^^i and to leave a fubjeft of endlefs dif- quiet and complaint, to ferve as a ground of quarrel, and as the feed of a future war, when to his management had been left the charge of con- cluding a definitive and lafting peace :— Thefe are points, by which the minifterial charaftei of that gentleman may be judged j and frorp whicl^ undoubtedly both the prefent age and pofte- rity will draw unerring conclufions. The firft of thefe has already been often difcufled. The efFed of the latter may perhaps not be fo generally known. In truth, its fuccefs was fully equal to the expeflations which that great Statefman had forrned of it. The peace was hardly concluded, before the ground cf quarrel he had left us began to operate. The contraband txade oftheEnglilh flourirticd with redoubled vi- gour. The fmugglers, whom Mr. Fox refufed to abandon, and whom, on the contrai /, he projected by refufing to give up the diftridt from which they carried on their illicit traffic, increafed in numbers and audacity. With rhem increafed the grievance and the complaints of the Spani- ards. Thev fek acute) v the intolerable effects of a lawlefs afTociation, formed, in the midlt of their richcll and moft valuable territories, for the almo.l exclufive purpofe of exercifing a contra- band trade j they remonflrated againft a conti- nuance of fuch illicit pradlices ; and they even declared their fettled purpofe of appealing again to arms, to vindicate their rights, and to prevent a continuance of rhe unlawful commerce exerci- fed by the Englifli icttk-rs. Happily fo ( 77 ) Happily for England, the Councils which •dictated the prefervation of a ground of qudirel when a negotiation for a peace was depending, no longer directed the affairs of this kingiom. His Majefty had now appointed an AdminiOra- tion, who thought tlie national honour was i^ound by the engagement of a Secretary of State i who, inftead of preferving, wifhed to ob- viate every ground of difpute between England and Spain i but who, inltcad of revealing the weaknefs either of our fituation or cur right, endeavoured to avail themfclves of every favou- rable circumilancej to obtain as much ibr t.'jis country, as either juitice* or a regard for peace eouid warrant thein in infiRing upon. The en- gagement of Lord Grantham had, beyond a (Jueftion, afforded the Spaniards a fair ground to infift on the cefTion of the Mofquito fliore. The intercfts of that kingdom compelled them to avail themfeives of this circumilance, as the only means of preferving the commerce, and perhaps the fovereignty of their Mexican pofief- fions. For this, they were ready to proceed to any extremities j and we know that, early in the year 1764, they adlually took fuch meafurcs, as denoted a fettled intention of inforcing their de- mand by arms, (hould a peaceable line of nego- tiation prove unfuccesful. OurMiniRer.Sj there- fore, on whom the tafk of pcrfedling tlu' Treaty of Peace with Spuai had fallf*n, in coiu'eqiience of the policy of dieir predeceffors, made no fcru- ple of propofing to the Court of Spain a fair dii- cufTion of a queftion, which furnifhtd n perpe- tual object of jealoufy between the two coun- tries, and which required a determination, not jTierely to obtain a momentary degree of quiet, but f'y ( 73 ) but cfTcdiially to prevent the c.iiifcs of jealoufy in future. As England W.1.S, de faSlOy in poflefTion of the Mofquito fl-jore, our Minifters demanded a proper compenration for it on the part of Spain ; and they declared, that they would accept, as fuch, a farther extent of territory in the province of Yucatan, together with fome additional pri- vileges for the Englifli lettlers in that country, and fome fettled regulations for their fecurity. To this the Spanifh Minillers replied, that, their cbje(fl being to get rid of foreign eftabliflbmenta on the Mofquitc Coaft, and to acquire that which tliey conceived we were bound in good faith not to detain from them, they were ready, on thefe terms, to go beyond the line which had been drawn on the Coaft of Yucatan, and to agree to ti)e terms of the Englidi Miniftry. Thele were the grounds on which the conven-» tion of 17S6 was founded; by which it will ap- pear, tlat nothing but the Jiimmder of the Mojqui- to Jh Grey and that oidy^ was in the contemplation of cither England or Spain-— that the exclufive right of the latter, or any right at all, except to her Mexican poflefTions, was not brought forward, or in any manner agitated, by either party j and that the Duke of Leeds, by figning this conven- tion, fecured to us a continuance of peace, main- tained our np.tional good faith and honor, and obtained for us a valuable and undifputed benefit, by the furrender of what we could not keep with- out a violation of pofitive engagements, and v;hich, if kept, whilil it v/as produdive of only doubtful advantages to the nation, expo fed us to perpetual jealoufies, and to the hazard of being involved in im unjufl and consequently a difgraceful war. ^ . - .^ •■ - »^- ■ . Oit ( 79 ) On chefe grounds, and thefe alone, the Con- vention was founded. By them, thcrctbre, the provifions contained in it muft be conftrucd. We accordingly find the two Kings exprelTing their mutual deiire, to confolidacc the friendlhip lubfilling between them and their kingdoms, and to prevent every occafion of future millinderltand - ingi and for this purpole Oating, that they hail thought proper to fettle, by a new convention^ the points which might be produdliveoffLich in- convenience. What thele points were I have al- ready fliewn. They were the celfion of the Mof- quito Shore, for which Lord Grantham had en- gaged, and the prevention of the contraband trade carried on bv the Ens^lifli lettlers there. For this purpofe, his Majelty agreed that liis fubjeifls (liould evacuate the Mofquito Shore, ;is well as the Continent in general, and the iflands adjacent; that is, as I before obferved, the dil- triil lying between the Mofquiro Shore and the boundary of the Honduras didricl, with a varie- ty of iflands dependent upon it, which, by thede- iinitive treaty of peace, the Engl ifli had agreed to abandon. Should i\\c Advocate cf the Ccur* ofSpabi, who cxercifes that honourable function by pubiiflKng in the General Advertifer, deny the truth of this interpretation, I refer him to his oJienftbU colleu^uey the Spanijh Advocate ex rjficio, the Marquis Del Campo ; who negotiated this convention on the part of his Catholic Majefty. Let that AmbafJa- dor be alked whether my interpretation, or wh.e- ther any other be the truth i let him dy, whe- ther aiiv thing more than the Mofquiio Shore, and the Continent lying between tliat and tiiC boundary marked gui for the Lii^lilh lettlers on tlic ( 80 ) the Honduras coafl, was in his contemplation when this treaty was made. I know the perfo- nal honour of that Minifter, and cortfidentlv reft the queftion on the anfwer hefhall give. There cannot indeed be a more convincing proof of the jiiftice of my interpretation, than the total filence both of the Marquis Del Campo, and of the Court he reprefents on this fubje^l, from the firft moment of the prefent rtegociation. They were too well aware of the futility offuch an argument, even to think of bringing it forward. So abfurd a pretenfion was left to the Englijh Advocate of the Court of Spain, who, rifquing no charadter by an over-officious zeal to ferve a foreign Court, ven- tured to obtrude on the publick a pretenfion, whichthatcourtitfelf would have blufhed to ad- vance. Let the publick now determine, whether, by the Convention of 1786, the whole Continent of America was ceded to Spain j and whether the territory at Nootka was thereby acknowledged to be the property of that Power. Permit me. Sir, to offer only one obfervation: more, on the mode of reafoning adopted by this writer, before I proceed to invefligate the other charges which he has thought proper to bring for- ward on this occafion. It cannot be forgotten, that, in his compari- fon between the affairs of Falkland's Iflands and Nootka Sound, the Spanifh Emijfary founded his argument on the following affertion~-viz. " In ** the affair of Falkland's Iflands we certainly •* were the firll aggreffors j in the affair of Nootka, " Spain is confeffcdly the aggreffor. " Thefe are his own words. I wifh to afk this ingenious writer, how he is able to reconcile this affertion with that 4. he ( 8i ) he has fince made, viz. thaty by the convcnficn of 1786, 'uje acbiowledged the territory at Noctkci 8ound to belong to the Court of Spain? Were this true, the former propoficion mud be falfe ; for, if we had lehnquiflied all right to Nootka, the Spa- niards, by eje<5ling the Britiih fettlers, could not have been guilty o^ an aggrefiion 5 the law of na- tions, as well as common fenfe and daily uMge, giving permifllon to every nation, as well as to every individual, to prevent the enchroachmcnt of thofe, who have no rie^ht to interfere with what is their known and acknowledged property. la fuch a cafe, it v;ould even have been incumbent on us to have given a fatisfadlion to Spain, inflead of infixing upon one from her j and our queftion of Right, which this acute reafoner fays we ought to have coupled with our demand of fatisfaction, would not have exifted. If, on the other hand, he fliall perfilt in faying, diat the Spaniards were the aggreflbrs at Nootka, his fe- cond propofition mult full to the ground i for, to conftitute their aggrefllon, our right to fettle there mull previouUy be admitted : and, in that cafe, it is impoITible that we could, by the convention of 17S6, have acknowledged the territory at Nootka to belong to Spain. To the choice of thefe two propofition.s, and to get out of a difficulty pcrfefftly fubverfive of hl'j whole argument, I leave the Spanijh Jd-vocate. The impartial public will no doubt treat, wiih a merited indignation and contempt, the aboicise though mifchicvous arts he has pieiumed to em- ploy, for thepurpofcof warping their ji'.dgmcnrs, and lending them into an erroneous ccnclufion. On a matter bf as high importance, with icijiedt bodi to our inf^reRs and our honour, as ever en- XT ■■00 -«4 ( 8i ) engaged the Councils, or called for the unani- moi exertions of England. V E R U S. , Number XVII. S I R, H E Advocate of the Court of Spain, after trying to evince the injuflice of our proceedings hi the prefent bulinefs, goes on with his attempt to prove that, whether our right be good or bad, a fettlennent at Nootka, or on any part of the North Weft Coaft of America, is improper and difgracefuj to this country, as being the bafis of a contraband trade with the Spanifh Colonies, and as being an encroachment on the territories, which his patron Count Florida Blanca has thought proper, in his Royal Mafter*s name, to aflert to be the fole property of Spain. How far either of thefc proportions is foun- ded, I now proceed to (hew. My prefent Letter will be confined to the firft of thefe aflTertions, viz. That a Britilh Settlement at Nootka is improper and difgraccful to this country, as being the bafis of a contraband trade with the Spanifh Colonies. This the writer undertakes to prove, by a feries of arguments, well worthy the atten- tion of the publick, as fhewing the true charac- ter both of his EmiJJaryy and of his Employ crs^ and the anxiety with which they endeavour to catch at every circumflance, which can be con- verted ( 8j ) veftcd into an engine of mifchief to this country, or be made a means of aflfefling its credit and profperity. Unfortunately, however, for the very creditable caufe in which this gentleman is engaged, the greater part of his arguments are, by fome ftrange accident, tolerably ar.fwered by the paflages immediately following th^^m. Thi^ accident is the more extraordinary, as it un- doubtedly was not the effeft of defip^n. 't can- not be fuppofed, that he, who atrempts to llab his country, would willingly apply a balm to the "wound. \Ve muft therefore attribute this cirr cumftance to the nature of tiie caufe itfclf, in which this Writer is employed j which, from its radical abiurdity, induces involuntary contra- diftions ; and of which the auxiliary arguments, congenial to the fyftem which gives them bii th, become parricides of the alTertion from which , they fpring. As a proof of thisjl bring the ground or hafis of the charge which the Spanifli Emiffiiry has thought proper to advance againfl: Mr. Pitt ; on which he founds the decent accufatir^n of that Mi- nifter having ^^r^^ to avow a fmuggling trade by his conduS on the Nootka bufinefs. This ground is no other than the aflTcrtion attributed to the Lord Chancellor—" that it was. ncceirury to " relinquifli the Mofquito fhore, becaufc it was " the depot of a contraband trade againft the " commercial and known laws of Spain, which *' no Britifh Minlfter could avow in the f.icc of Parliament, or in negotiation with any forcig:i power whatfoever." This ground of accujation the public!: will rea- dily perceive is, in itfelf, the mod compleat an- fwer to all the abufe which the Spanijh Fjn'rfJ'ary - ••. : M 2 throws (C cc ( U ) throws upon the prcfent Adminlilratlorij for having given up the iVIorquito Ihore by the con- vention (>r 1786. If \vc analyts the propofition, i; is merely this. A Hritifh Miniltrr cannot maintain a trade dircclly and pofitively contra- UhkI.. — 'I'he Mofquito fettlement was the depot of fiich a trade-— a Britifli miniiier therefore could not maintain it. If this be true, the cef- fion oft'ic Mofquito fliore was indifpenfably ne- ccii'ary. If ii were neceilary, the abufe thrown upon thofe who ceded it, is wortliy only of the i'-'panijb /lihccate. The aflertion of the Lord Chancellor which is thus brought as ?i ground of accujation^ though it fails as to one point, may pofTibly however gp- ply to another \ it may, as this writer infifts, be ^n unanfvvcrable argument againfl the forma- tion of an eftablilhment at Nootka. For, fays he, a contraband trade is carried on with the Spaniards on the other fide of Cape Hornj and mull nor this trade be greatly increaled by fuch a fettlement ? and does not a fimilar contraband trade flourifh between our Weft India I Hands and the Kaftern Coaft of Spanifli America, and would not the fame oppoi tunitiesproduce the effefl-s on the oppofite fhore of the Continent ? To this I anfwer-— It may be true, that a contraband trade is carried on with the Spaniards on the other fide of Cape Horn, and between our Weft India I Hands and the Eaftern Coafls of Spanifh America ; but it does not follow, that fuch a trade mud be greatly increafed by a fettlement at Nootka ; or, if fuch a confequence v/ere in a de- gree probable, that it would be a leafon for not maintaining a Biitifii ft ttlement there. I wifh, yi my turn, to aflc this karaed geographer, whe- ther ( 85 ) tlicr he is of opinion that, becaufc a contrabnnd trade is carried on between the Coalls of SulVcx and Normandy, and between Cornwall and the irie of Guernley, (''ch a trade would be gready incrcafed by a ietrleiuent made at Tripoli, or in the Canary inands---in the Azores, or on the «oaft of Morocco ? He probably will laugh at the abfurdity of fiich a queftion, and will alfure mc that fuch an apprehenfion would be in the hjgheft: degree ridiculous. I admit the qucllion to be abfurd, and the apprelieiifion to be ridiculous ; yet are they p'ec[[ely his oivn qiiejlion and his 01071 apprehenj.cn. The four places I have mentioned are each of them twenty degrees, or twelve hun- dred miles, fiom the coalc of Kngland ; a difi-ance furely fufficient to '-^bviarc every lealonable fear of a fmuggling crade being cdi ricd on, at leafl: to any confidi-iablr extent betwceii diem. The diilance between Nood^a Sound, and tlie nioft northern ly part of the VVellcrn oalt of Ame; ica occupied by the Spaniards, is precfely the fame \ the danger of a contraband trade being carried on between them is therefore at leafl not greater than the former ; though, a^ the four places I have men- tioned arc fruitful, and productive of variou*; commodities, extremely acceptable in England, and liable to heavy duiies, the danger of a con- traband trade between them and our coafl muH be much greater, than it can be between the Spanifn Weil American fettlcments and Nootka, which, fo far as we know, produces nothing ve- ry valuable, except furs, whicli cannot be in nuich etlimation in a hot country, and of courle cannot be a tempting or lucrative objec^l to tht Spanifn fniuggler. So much for the probability of a contraband traiic ^. V] ^. ^P;. '/ IMAGE EVALUATION TEST TARGET {MT-3) 1.0 I.I ■-IM Mi, IL25 II 1.4 127 20 1.6 Photographic Sciences Corporation • /, .* % r/.i m iV (V N> ^9)^ ' degrees of latitude, the exclufive pofiefiion of which ( 94 ) which (he infifts upon, in the firfl place on the reafon above-ftatcd, and, in the fecond, on the ground of a tranfaflion which the Manitefto pro- ceeds to relate. In confequence of information being received within thefe few ytais of a contraband trade ha- ving been carried on in thefe feasjby fome adven- turers, the Vice Roy of Peru and Mexico, ap- prehenfive that thefe new and illegal enterprizes might end in ufurpations injurious to Spain, fent out, as It is alledged, frequent expeditions to vifit thefe feas, coalb and iQands. Finding in the courfe of thefe, that fome Ruflian veffels had attempted to extend their commerce and efta- blifhments over part of the Spanifh dominion, the Court of Spain immediately complained to the Court of St. Peterfburgh of this violation, * recommending, at the fame time, that their n?ivi- gators fhould abf. ain from touching at any part of America, " hich the Spaniards had been the firft pofTeflTors, ^^nd which they ftated to extend beyond Prince William's Sound) in order to pre- vent difputes, and to preferve the exifting har- mony and friendfliip between the two Courts. To this the Court of Ruflia anfwered, that Ihe had long fince iffued orders to her navigators at Kamfchatica not to eftablifli themfelves in any place belonging to any other power, which or- ders (he fuppoled had been obeyed j were the cafe however, othervvife, and fliould Spain meet any Ruflians in any part of America Ijelonging to her, the Emprefs defired the King of Spain would prevent fuch a pradlice in an amicable manner. To this anfwer the Spaniards replied, that, though the Court of Madrid was defirous of ter- minating amicably every tranfadtion of this nature, (lie i ( 95 ) ihe could not be anfwcrablc for the confequenccs, ihould any of her officers in thofe latitudes, t^ke the meafurcs to prevent fuch ellabliihments oa the Spanilh Territories, which they were juftifi- ed in doirig by Law, and by their general inllruc- tions, founded on treaties. Thus, according to the Spanifh account, en- ded the tranfa(ftion i an event certainly of l^nall importance either to this country or to the pre- fent quellion ; as it proves nothing more, than that Spain afierted an extravagant claim, which Ruflia did not chufeto dilpute. For it does not prove that the claim of Spain was founded; not a fingle fad tending that way having been addu- ced i nor does it afford an argument why Eng- land, having in fa6t the rights of occupancy and pofieflion at Nootka, and at other places on the weftern coaft of America, fhould imitate the con- duct of Ruflia, who afierted no claim of any kind to the places vifited by her fubjeds. The public will alfo perceive, that this tranlaflion falls very Ihort of eftablilhing the exclufive right of Spain to the whole coart, from Terra del Fue* go to Piince William's Sound; as, admitting the fad that (he adually did pofTefs beyond ajdifpute both thefe places (which it is moll certain Ihe did not) it cannot follow that the whole interme- diate Ipace was her's alio. There is no principle either of national law or of common fenfe which can be brought in lavour of a claim to the pof- feflion of a vvTiole continent, from the pofTcifioa of any component part of it : the neceflary con- fequence being that abfurdity, v/hich I fully dif- culicd in a former Letter, namely, that the Firft pofleflion of any part of America muft, in fuch cafe, induce a right tg tlie Whole of the continent in every ( gs ) every direcllon ; apropofition too ndiculousever to become a matter of ferious dfJcuflion. The inanifclloof thtr Court of Spain has not, there- foic, yet proved tlie only point in queftion, the prior occupancy nnd pofTefiion of the Nootka terriiory. Aware, however, of the weak ground on which fhe had Hated her pretenfions, that Court proceeds to adduce another aflertion ap- parently more decifive of the prefcnt queftion, but equally vague and unfupported by evidence. She declares that flie was ignorant of any elta- blifiiments having been made or attempted by the F.nglifh on the noith v/ell ccaft of America, till iMr. iMartincz, with a Spanilh fquadron, made theufual vifit, for the purpofe of conveyingyw^r- iours to the port of ^u Lauienr, that is, Nootka, ivhere he and other Spanifh fubjedls had fre- quently been, to repeat the j^^s of PoJfeJJion re- lative to the antient limits and difcoveries. The conveyance of fuccours undoubtedly im- plies a pre-exifting fetilcment— a repetition of adts ofpoflfefllon is a proof of poflefllon having been taken---and the application of thofc afls of pof- lefiion to untient limits is a prefumption of thofe limits having been long known. On thefc three grounds tlie quefcion may be fecureJy reftcd; it being certain that, no fuch fecclement having been made, no fuccours could have been carried to it by M. Martinez— -that no pofieflion of Nootka having been taken by the Spaniards, ads ofpolTcfiion could not have been frequently repeated by them— -and that the limits of the North Weft Coalt of America, between Cape Blanco in latitude 43, and fome harbours in latitude ^^^ having not been afcertained by the Spaniards,- the application of repeated ads of ^ : ^ : . poITeflioa ( 97 ) never have beea made to pofTeflioil could them. That Nootka and the adjacent territory could not have been an antient polfcfnon of Spun, and that even the whole of the North Well Coaft of America, beyond the latitude ';f 43, was unknown to the Spaniards previous to the year 17 'jy, ap- pears beyond a doubt from their own authority, and from the evidence thev themfelves have given us, by a celebrated publication of their Own, intituled, ^* i^oticia de California," a book of high authority, printed in that year at Madrid, dedicated to the King of Spain, and nubliPned Avith the approbation of the Council of -I'le In- dies and with all formal licenfcs. The author, whofe avowed purpofc, and whofe exprcfs ob- ject i<- v,'as to ftate the Spaniui prcienfions, and to defcribe the nature and extent of their pOiTef- fions in that part of the world, concludes his work with thefe memorable words ;-— " To '^ the queflion, what fcas, what coails, what " rivers, lakes, provinces, nations and people *' are there in North America, from llv^ faitheft extremity atCalifornia, &c. tot'ie North, for a fpacc of fi fey degrees ? i. e. in all the great (pace of Am.erica, which in cur map ive inclcfe with a dott:d line ? (beginning on the Weft Coafl:, about the latitude of 43 North) except wliat is knov/n on the fide of our Atlantic ocean, and the little v/hich the Ruffian naviga- " tions have afcertained to us on the fide of the '*' South Sea? I arSwcr readily y in one word, IG- " NORO.— NESCIO. — -I KNOW NOT. , This is a pofitivc proof, that the Spaniards were totally unacquainted with any part of this coaft beyond the latitude of 43^ north, previous to O the iC cc <( cc cc cc cc 1 ( 98 ) the year 1757, and it alfo completely proves the impoflibility of thecircumftance abovementioned, viz. the aflcrtion of their exclu five claim to, and including, Prince William's Sound; as this author exprcfsly declares his total ignorance of even the exillence of fuch a place, except on the authority of Kuflian navigators, whom confe- quendy he admits, in contra-diftindiion to the Spaniards, to have been the difcoverers of it. There is alfo a negative proof, nearly as llroDg, that they did not know, and certainly that they did not poflefs any part of that diftridb between the 43d and 55th degrees of north lati- tude, previous to the tranfadlion which occa- fioned the prefent difpute. In the year 1775, the Spaniards, as we are told, vifited and exa- mined feveral harbours between the latitudes of 55° and 58° north; but they did not vifit any part of the coaft between 43° and 55° north la- titude, between which Nootka and the other places occupied by the Engliih are fituated, nor have they ever diredlly afierted fuch a circum- ftance. The whole account ever given of thefe parts was that of our countryman Captain Cook, in the narrative of his voyage in the year 1778. The difcovery and firft poireflion of Nootka and the adjacent coaft by this great circum-navigator was publickly announced by him to the world ; and remained uncontradided, until the Sparniards, for the firft time, in the prefent year, thought'pro- per to juftify the violence offered to his Majefty's ilibjeds by a bold afTertion, unfounded in fadt, and unfupported by evidence. As a corroborating proof of the truth of this ftatement, it further appears, from Capt. Mears's , , -, Narrative, ( 99 ) Narrative, that, when he firft vifited that coad, no ei'lablifliment of the Spaniards, or of any other European nation, exided there ; that no build- ing was ere6ted, or any other proof of pofleflTion, or of Sovereignty was to be fcen j that he actually purchafed from the natives the tra6l of country on which he raifed a fort, and hoifted the Britifli flag i that he and his people occupied this terri- tory, till the month of May 1789, v/ithout inter- ruption, and without being vifited by the Spani- ards. From all thefe circumftances it evidently refults, ift. That the limits of the north-w^eft coaft of America, between the latitude of 43° and 55° had not been afcertained by the Spaniards. 2d. That Nootka, which lies within t'lefe li- mits, was not a difcovery, ftill lefs a polTcflion of the Spaniards. 3d. That they confequently could not have re- peated their a6ts of poflTelTion there. And 4thly. That the vifit of M. Martinez to that place could not have been for the purpofe of carrying fuccours j the application of that phrafe to a non-exifting fettlement implying an abfur- dity. Such then^are the grounds, on which the Court; of Spain finds herfelf obliged to rcR her preten- (ions, and to juftify her conduct to the other pow- ers of Europe, On thefe, liov/cver, flie leems anxious to repel an idea, which might naturally arife froin the exclufive nature of her claim to the navigation, territory and commerce of the Weft- ern Coall of America, and of the Pacific and South Seas j namely— -//;«/ her claim extended to (he whole of that ocean- How any limit can be O 2 givea ( 100 ,) givca to an cxcluQve claim— what portion of this yaft trad of fea fhe calls her own —and what part ofitfhe leaves to others— -thcfe are queftions which fhe fcems willing not to agitate fn words, while the evident tendency of her proceedings appears to leave no doubt, of her arrogating an exclufive dominion from the coaft of Mexico to the Phillippine Iflands. The remainder of this Manifefto contains a kind of narrative of what had paffed between the Courts of London and Madrid, from the firft of- ficial paper delivered by the Marquis del Carinpo to the Duke of Leeds, to the communication made on the i6th of May by Mr. Merry to Count Florida Blanca j intermingled with various oh- fervations tending to prove the juftice, the mo- deration, the pacific fentiments and the veracity, of the court of Spain, and to influence other powers to confider the condudt of his Majefty, as founded on injuftice and a difregard to treaties. From this candid invefligation of the Spanifh Manifeflo, let the people of England determine on the validity of the cafe made out by the Court of Spain ; let them fairly decide upon the ground taken by that power, to difpute the right of his Majefty 's fubje£ls to vifit and to fettle in the pla- ces In queflion. That the Spanifh Minifters have already in a great meafure given up this point, by the Declaration and Counter Declaration of ' the 24th of July, I have before fhewn. It re- mains now to be feen, whether they will, in fpite of the weaknefs of their cafe, and after that de- j-eli(5lion, difpute the undoubted right of this country to the territory of Nootka. A few days will probably decide this important queftion. I look ri * < f "^ ( loi ) I look with painful anxiety for the deternnination of that and the other objefts of the depending ne- gociation ; deprecating indeed the dreadful alter- native of appealing to the fword for the vindica- tion of our rights ; yet fatisfied of the juftice of our caufe, and confidently looking forward to an honourable and happy termination of a conteft, originating in the violent proceedings and un- founded clainas of the court of Spain. ^ V E R U S. T H P E N ■! 1