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Les diagrammes suivants illustrent la m*thode. 1 2 3 1 « mmm V 2' 3 mmmmm m>^§ m ttr-M^r "^ I V\\ ^.T.-lt?". ', NARRATIVE OF THE NEGOTIATIONS OCCASIONED BY THE DISPUTE BETWEEN ENGLAND and SPAIN, In the Year 1790. S ■ U«.V».: . .^r_...4 c '"(^ 1* -I i U*5U iJ ^T"^^^ Y\LO -A i15 J CONTENTS. IRST Information of the Capture of an KngMi Ship at Nootlca received from Mr. iMcrry at MacTrid lnftru6tion font to Mr. Merry - - . _ Letter from the Marquis del Campo to the Duke of Leeds, Feb. li. - Further Information from Mr, Merry Letter from the Duke of Leeds to the iMarquis del Campo, Feb. 26. - - _ _ Further Information from Mr. Merry - , . Precautions taken by Government - - . . Further Information from Mr. Merry The Marquis del Campo's fecond Letter to the Duke of Leeds, April 20. - _ _ _ Arrival of Captain Mearcs, and Account of !,,> Kxjv- dition to Nootka, and of the Events wliidi took Place there - _ _ _ Further Information ftom Mr. Mcny - - . Other Information - - _ _ Inftruaions fent (o Mr. Merry at Madrid, xMay 4. . Notjficarion to the Spni.'h Confuls— General Prefs— King's Mefiagc to i'nriiarr.ent 1 _ _ _ Meafures taken for tl.c D.fi^icc of the EaU and Wal Indies, in cafe of n R\ipture Kiformnticn and Initruciions fot to Lord Auckland at tiie Ha,'n,<-, and to Mr. Ewart at Berlin, May 4. P; age I 8 9 II 12 21 24 39 4* 4S 56 rin.Uioii iv CONTENTS. Information and Inftruaions fcnt to Lord Robert FitZ- Gcruld at Paris, May 7. - . - - 68 Circular Letters fcnt to the Minifters at the other Courts of Europe - - - - - " '..^ Further Information from Mr. Merry - - - ibid. Lord Auckland's Negotiation at the Hague -^ - 70 Mr. Fitz-Iierbert, appointed Ambaflador at the Court of Madrid, arrives at Paris - - - - " . 7* Jnlhudions forwarded to him, May 16 - - - ibid. Mr. Fitz-FL-rbcrt's Negotiation at Paris - - 83 Order for the Firft French Armament - - - 84, Communication of that Order to the National Affcmbly ibid. Effeftof it on that AfTembly - - - - 85 State of Parties in that Afi'cmbly . - - - ibid. Decree on the Ciucltion of the Right to make W.nr and Peace ^7 Preparations and Arrangements at Home - - 90 Earl (jower appointed Ambaflador Extraordinary to the Court of France, May 21. - - - "91 Liftruaions to that Ambaflador - - - - ibid. Lord Auckland's further Negotiation at the Hague - - 94 Inftruaion to Lord Auckland, refpeaing the Dutch Succours _ - - - ^ - - Lord Auckland's further Negotiation on that Subjca - Letter from the Duke of Leeds to Lord Auckland, on the tiubjea of a Junaion between the Englifh and Dutch Fleets ------- Succef^ful Termination of Lord Auckland's Negotiation 104 Friendly Condua of the Court of Berlin - - ibid, The Inl^ruaioiis lent to Mr. Merry on the 4th of May arrive at Madrid on the 14th of May - - - »0S Mr. Merry's Negotiation with Count Florida Blanca - 106 Count Florida Uanca's Letter to Mr. Merry, May 18. 109 Mr, 97 98 - lOJ CONTENTS. Air. Merry's Sentiments on the Intentions of the Spa- niih Court - - - - - - -in Our Armaments continued - - - - -113 Further Information from Mr. Merry - » _ ibjtl. King of S[-aiii's Aiifwer to our Meniorial of May 4. - 115 iJutch Fleet ordered to fui! f.ir Portfmouth - - 120 Intdli^l-nce from Lord Robert I-'it/-CjcralJ at Pari;, J'HiL' 18. ibiJ. Arrival of Difpatches from Mr. Fitz-Herbert at Madrid, dated June 16. - - - - - -121 of other Difpatclics from the fimc Minider, dated June 19. - - 127 Count Flo; Ida Blanca's Propofals on the Qiieflion of Satisfai-'tion - _ . _ Second Inffru«5Hons to Mr. Fitz-Herbert, July 5. Memorial contained in thefe Inftruclions Declaration contained in Ditto ' - Counter-Declaration contained in Ditto - - _ Inflruciions to Mr. Fitz-Herbert as to a Difarmamcnt - Information from Mr. Fitz-Herbert, 24 June--28 Ditto— I July--5 July— and 9 July - - _ _ Count I'loriJa Blanca's Projet for A.rran;2,ing the fevcral Matters in Litigation - . - - _ This Projet rejected . . - . . Difpatches from Mr. Fitz-Herbert of July 25. - The Spanilh Declaration - - . - The Fnglifli Counter -Declaration Count Florida Blanca's Second Projet, rejecfled by Mr. Fitz-Herbert - - - - . - 161 Further Information from Mr. Fitz Herbert . - i^^J TiiirJ Inftruflions fejit to Mr. Fitz Herbert, Aug. 17. n' 3 Draft of our Projet ...... jbij. Letter - i?.9 - i.i:i - 142 - Hi - 144 145 - 15?- - '54 - iSS - 156 - 157 CON r E N T S. Letter from the Marquis del Campo to the Duke of . Leeds, on the Subjcdt of Difamiing, Auguft lO. - igjj The Duke of Leeds's Aiifwcr, Aug. ii. . - 1 99 Lidrudliuns to Mr. Kitz-Herbirt rcfpcctiiig the Cliincfe taken at Nootka, Awf. I7. _ . . 201 Jnltructions to Mr. Fitz- Herbert on the Hondur.ns Bufi- ncfs, Aug. 17. - - - - 202 Letter from the Marquis Del Campo tp the Duke of Leeds on that Subjedt, Feb, 11. - - - 207 State and Progrcfs of our Negotiation with France - 208 Monf. de Montmorin addrefles the National Aflembly on the Subjedl of the Family Compa£^ Aug. 2. - - 20q Count Fernan Nunez's Letter - - . - 2iO Report on this Bufinefs from the Comite Diplomatique 21 1 Decree of the National AHembly on this Subjedt, and for a further Armament - . . - 212 Inflru£lions fent to Earl Gower, Sept, i. - . 213 Information from Earl Gower, Sept. 6. - - 217 Communication from tlie Marquis de La L"^^''"^> Sept. 7. - - - - - - - 218 Monf. de Montmorin's Anfwer to Earl Gower's Repre- fcntation, Sept. 10, . - - --219 Monf. de Montmofin's Letter to the Marquis de La Luzerne - ..--.. 220 Second In{lruions to Earl Gower, Sept. 2 j . - - 221 Third Inftfuilions to Earl Gower, Od. 6. - - Official Note from Mojif. de Montmorin, receive^ by jparl Gpwer, 061. 4. .... . The Duke of Leeds's Anfwer, OA. 8. - - - ^onf. de Montmorin's Anfwer to the Reprefentation made by Earl Gower, 0tij. In lis Dif- 'air, has of our ave faid Ten his Grace ampo's iguage ftnefs, ivhich I '9 ] ** which Count Florida Blanca has pro- " mikd me he would ufe." By the fame Poft, and in a Letter of the fame Date, Mr. Merry added, that *' The Alarm, which the Court of Spain ** has taken at our Anfwer about the Aifair of Nootka, is fo great, that they have given Orders for Reports to be Immediately fent from the Spanifli Ar- fenals of the Quantity of Copper for ilieathing Ships, which there is in the Storehoufes, and of the Number of Ships of the Line which can be got ready for Sea at a fhort Notice." *( it it <( (C t( Mr. Merry, however, at the fame Time, expreifed his Convidion, that Count Florida Blanca muft: be fufficiently fenfible of the un- fortunate State in which Spain is for the Sup- port of a War, to be defirous of avoiding it by every pofHblc Means. By another Letter, received with the Two former, but dated tlie 6th of April, Mr. Merry gave Information, That the Treaiure, lately arrived at Cadiz from Spanish America, Aboard the San Ramon Ship of War of 68 C 2 Guns, li i. I I count he h d b ' 'm ^ '"°'^ "^^"^ Ac- Four Mi li^'ot^r ? °'""'"' '° ^''°" ^and Hard Ca" ""'"'' ""'^^'^'"^ Thou, ''^S^e't,:;:' "- •^'-^ °f E^erc-re. he c^The.>is:rr;:,''-''^^"-''on» cl^im All idea of ! '*"''''' ""^'""^ '« dif- in any t^T^ , r""""""^ i" thatCountry :/ -wanner, announced a fecrpf Q./x contradiaory of their P • J ^'^^'"• ^vhen, on the 20th f. 'r'"^ Profeffions. c-po ad Jrt;:;' It/::'' j"!,'^-^"'^ ^-e' theDufceofLeeds.byw£ht ;^^^^^^^ Grace, that * informed his ^"Ltlf-Tr"'"'^'^ '° his Court ths ■'^nl^H T'''''''''^^'^^^r.- „ 7 '">'' Mcmoria), concerning the • J^^^«":on in the Port of Noo.L of j Hi 1 ic Nueftra 36 Guns, exad: Ac- to about rty Thou, srcife, he mbiing at rom that d All thQ be ready Month. itentions i todif, •ftilities, ■ountry, Syftem, Mons, luis del 'ate, to led his m thq "ebru- >g the ±a of the y <( «( <( (( (( ft <( << << <( it tt tc tt tt It ft tt tt tt tt tt tt tt tt [ 21 ] the English Veflel called the Prince of Wales, he had received Orders to in- form the Britifli Miniflry, that, not- withftanding the inconteftable Rights of Spain, founded on the moft folemn Treaties, on the Difcovery of the Indies, on the ancient Laws, and on the immemorial PolTeflion of an ex- clufive Sovereignty, Navigation and Commerce, which the Crown of Spain had conftantly exercifed over the Ter- ritories, Shores and Seas hefore-men- tioned, and v/hich it has manifefted by the Capture of thofe who tranf- greiTed againft it 5 the Vice-Roy of Mexico, as appears by the laft Intel- ligence, had releafed the above-men- tioned Veffel and Crew, being con- vinced that nothing but Ignorance of the Rights of Spain could have en- couraged the Individuals of any Nation to refort to that Coaft, with the Idea of making an Eftablifliment, or of carry- ing on a Commerce there ; and having pofitive Orders to ihew every pofTible Attention to the Britilli Nation, and XQ avoid every Thing which might be " capable «« << t€ t( *t *f €€ ft tt ft ft ft «< «t tt [ 22 ] "P^ble of difturbing the good Har mony and FnendAfp which h,' A.b/ifted between the T o '''"'^ ^J^iuional Proof of the K^ngf ^^ to manuain and ftrenathen thiX I 'i'ip. His Catholic M eftv ^"'f' ^nd underftands this aS k '''" T?r^^ -1 -fin-air to be at an End, wahout entering into Difput or D^rcuffions on the indifputable'S tftat His Britannic Ma.V/lir , mi command all His S„K i "^^ "^'^ them .r ^' ^"^Je<^s to refpea tftem, according to the Rcouea n - the Marquis's Fir/l Lette'" '" This Letter, whir^ k^- r f Leeds's OfficrfN 2' r''°''^ ''"''« ii^ Orace till the 2,ft !f ' """^ "°' ^^« by ferious Attention of Sis M °"n '"^'^^'^ ">= I^ appeared evidently fL^^tf^ 'f'""'^"- of Spain was not dif„lf T ' ""^ C""' .>%-ys.isf.;;f'n-2;tf^f- Him, by the violent q.- offered to H'^ su^,eas :nirerp::;ei^«^".''- °^ Degree to relax from thofe eir^r' "' '" '"^ juftiiiable Claims of Dom"' '"<^ ""- ot Dominion oyer the Whole Of %4^:i ?ood Har, ■h happily o Courts. afford an g's Defire is Friend- confiders 5 be at an i^^utes or le Rights -rs Him- % will 3 refpeifl eft con- le Duke feen by ged the nifters. ■ Court is Ma- red to ■ion of n any d un- VhoJe 9f [ 23 ] of the Vl^'eftern Coafl: of America, which they had invariably maintained, and which had fo often been the Occafion of Difputes and Wars between the Two Countries. On the con- trary, His Catholic Mnjefty, by flating the Relealc of the Ship and Crew to have been done by Way of Compliment, and on a Pre- fumption that nothing but Ignorance of His Rights could have induced any one to viiit or trade on that Coaft, juflified the Proceedings of His Vice-Roy and Officer; and, to pre- clude even a Poffibility of Doubt as to His Determination to fupport His extravagant Pretenfions, His Ambaflador ftated, at full Length, His exclufive Rights, and the Grounds ©n which they were claimed. Before any Determination, however, could be formed on this very important Bufmefs,, a Circumftance occurred, which contributed to throw many new Lights upon the Subjed:, and which proved the Condudl of the Spaniards to have been infinitely more hoflile and in- jurious towards His Majefly, than either Mr. Merry's Information, or the Letters of the Marquis del Campo, had given Reafon to imagine. The I i [ 24 1 The Circumftance alluded to was the Ar- rival of Captain Meares, the Gentleman who had commanded the Expedition to Nootka Sound, and who was materially interefted in the Ships captured by Don E. J. Martinez. From him a more full, and probably a more authentic. Account of this Tranfadiion was obtained, than had already been in the Pof- feflion of Government. To underftand this properly, it will be ne- cefTary to recur fhortly to the Origin of his Expedition, and trace it's Hiftory from it's Commencement, in the Beginning of the Year 1786. At that Time certain Merchants, refiding in the Eafl: Indies, communicated to Sir John Macpherfon, the Governor-General of India, a Plan of opening a Trade with the North- Weft Coaft of America, for the Purpofe of fupplying the Chinefe Market with Furs and Ginfeng. Sir John, approving of the Plan^ joined in the Subfcription for it's Execution ; and Two VelTels, called the Sea Otter and Nootka, were difpatched to Prince William's Sound; the former under the Command of Mr. Tipping, the latter under that of Captain Meares, who was a Lieutenant in His Majefty's Navy, as the Ar- 2man who 5 Nootka erefted in rtinez. ly a more tion was the Pof- n be ne- n of his om it's of the refiding '> John India, ^iorth- )ofe of irs and Plan, Lition ; :r and liam's nd of iptarn e%'s ^avy, [ 2j ] Navy, and now had the Diredion of the Ex-i pedition. They arrived in Prince William's Sound in September following ; foon after which the Sea Otter was unfortunately loft off the Coaft of Kamfchatka. Captain Meares pafTed the Winter in Prince William's Sound ; in the Courfe of which he opened an cxtenfive Trade with the Natives ; and, having colleifled a Cargo of Furs, pro^ ceeded to China in the Autumn of 1787. During his Continuance there he difpofed of the Nootka, and, in Conjunction with feveral Britifh Merchants refiding in India, (amongft whom was nominally included Juan Carvallo, a Portugueze by Birth, who had been naturalized and refidcd at Bombay, and traded from thence under the Protedion of the Eaft India Company, and who, from his Connec- tion with the Governor of Macao, had ob- tained Permiflion from him to navigate under the Portugueze Flag, in order to evade the extravagant h'ort Charges of the Chinefe, and for any other Purpofe that might be found convenient) fitted out Two other VelTels, called the Felice and Iphigenia, the former of P which w II K" f 26 ] Uin Dougla. arrived in cL'f r^ ""' ^"P" Immediately on his Arrival r,., • », porchafcd from M. ,, .' ^"Ptam Meares he built a h2 l7u a'"""''' °" ^hich lours. TWrHn r .'"''' "'^ ^"•'''h Co- --ted 0„: Threipoi °' ^''"' "^^ |;''4trSr,':--n.eCoa.. They confined tCnflT f '° "^^ ^orth. "'".ned to NootLf 'h" "^'"^ ^"^'h. and September. ^"""'* '" "'« ^fonth of ^it^^^^^^ .here had obtained from Wicfcenanm'^^^'^'"'" ^^^^« l^'-'^n^ rurronnd n' ;::f'c ^".''^' "^^ ''' f^"S'-m, in Latict,d« ; ,„?rn '^°" ^'^ i-0 ana 49 Degrees, ia Ponfec^uence j^ "f the latter 'S reached and Cap- per in the n Meares f of the )n which iti/h Co- with a bich he e Coa/l, Captain North. Limits h, and nth of re had which feares f the t Ef- s, in ence 1' .1; i H % S [ 27 ] Confequence of confiderable Prefents, the Pro- inife of a Free and Exclufive Trade with the Natives of That Dirtridt, and his Permiflion to build any Storehoufes or other Edifices which he might judge ncceflliry. He alfo ac- quired the Hime Privilege of Exclufive Trade from Tatouche, the Chief of the Country bordering on the Straits of Juan de Fuca, and purchafed from him a Tra(fl of Land within the faid Strait, which one of Captain Meares's Officers took PoileiTion of in the King's Name, calling it Tatouche, after the Chief. On the 23d of September, Captain Meares, in the Felice, proceeded, with a Cargo of Furs, to China, leaving the Iphigenia and the North- Weft America in Nootka Sound, with Orders to winter at the Sandwich Iflands, and to re- turn to the Coaft in the Spring. Captain Meares arrived in China early in the Month of December, where he fold his Ship and Cargo j and Two Ships, the Prince of Wales and Princefs Royal, fitted out from the Port of London by Mefirs. John and Cad- man Etches and Co. coming at this Time to Canton, from a trading Voyage on the North- Weft Coaft of America, Captain Meares and his Partners (excepting Carvajho, who had D 2 become \ i ' 1*1 I I 'i' r 28 ] become a Bankrupt, and who, froni the Dc* mife of the Governor of Macao, had loft his Influence there) afTociated themfelves with thofe Gentlemen* as they pofl^elTed Licences from the Eaft-India and South-Sea Companies^ which would not expire 'till the Year 1790 j and as the Trade on that Coaft might fufFer by a Competition. An Agreement was therefore executed between Captain Meares and Mr. John Etches, Supra-Cargo of the Two Ships, ma- king a Joint Stock of All the Veflels and Property employed in That Trade ; and, under That Firm, they purchafed a Ship, which had been built at Calcutta, and called her the Argonaut. The Prince of Wales, having been chartered to load Teas for the Eaft-lndia Company, loon afterwards reiurned to England ; and the Princefs Royal and Argonaut were ordered to fail for the Coaft of America, under the Com- mand of Mr. James Colnct, to whom the Command of All the Concerns of the Com- pany on That Coaft had been committed. He was inftru^lled to fix his Refidence at Nootka Sound, and to ere(5t a fubftantial Houfe on the Spot purchafed in the preceding Year by Captain Meares. Mr. he Dc- lofl his s with icencej ipanies^ 1790 J ifFer by ercfore r. John Si ma- Is and under :h had ':r the rtered pany, . d the ed to ^om- the • :e at oiife V^ear Mr. [ 29 ] Mr. Colnet, with Articles eftimated to be fufficicnt for the Trade for Three Years, and with a Veflel on Board in Frame, of about 30 Tons Burthen, left China in the Months of April and May, 1789 ; taking with him feveral Artificers of different Profeirions, and near 70 Chinefe, as Settlers on the American Coaft, in the Service and under the Protection of the AlTociated Company. On the 24th of April the Iphigenia returned to Nootka Sound, and the North-Weft America reached that Place a few Days after. On their Arrival they found Two American Vellels, the Columbia and the Wafhington, which had wintered there. On the 29th of the fame Month the North- Weft America was difpjtched to the North- ward to trade, and to explore the Archipelago of St. Lazarus. On the 6th of May, while the Iphigenia was lying at Anchor in Nootka Sound, a Spanifh Ship of War called the PrinceiTa, commanded by Don Eftevan Jofeph Martinez, and mounting 26 Guns, anchored there. This Veflel had failed from the Port of San Bias in the Pro- vince of Mexico. She was joined, on the 13th, by a Spanifh Snow of 16 Guns, called the t t\: I ' { f 3° j the San Carlos, which h-,^ /- -i j , f «e Po„, loaded 5th capt' T ""^ Warlike Stores " ^"'' ""'^ Captain ^iaTa^d .hX":,^^^^^ ^^'^^ even SupDliet «r.. "^/P^"*"^ Officers, and however Cut A '^- °" '^at Day. Board the pS/:r J" -^-^ - Pri^e. was informe^^by M M^- ^"". '"^- had the Kin» of S, ■ A ^^^""^2. «hat Jie Ships and Veffl r\' ?"""" '° '"^-'= A" ^as then his Prifoner ^ ^ " ^""S'''^) -ordi„,,,,,ai„tfc-„::'';^^^^^^^^^^ Majefty; and the Officers and Cr 1 J t ' Sh.p were immediately convened P^-r "^^ °" Board the Spanift Shins, wh'e.t fh "* P-nW. and were o/e;wS:'eIr whjh had been ^rch^^^i^ ci ^X'^"''' ^o.n,n,the Standard of SpLn'Sr^ he om the i other to the etween *s, and Marti- tDay, ed on : Sur- iat he ;e All upon ighs) rs to they lolic that lers, vere ed, nds es, jfe [ 3« ] he had ereded, and performing the other Ceremonies ufual on fuch Occafions. At the fame Time he iffued a Declaration, That All Lands, comprized between Cape Horn and the 6oth Degree of North Latitude, belonged to His Catholic Majefty. He then proceeded to build Batteries, Storehoufes, &c. ; in the Execution of which he forcibly employed fome of the Crew of the Iphigenia, and fe- verely puniflied many of them who attempted to refill a Command, which they conceived to be injurious. After a lo ig Continuance of this unjufti- iiable Condudt, and after compelling Captain Douglas to fign a Paper written in Spanifh (a Language which he did not underfland) which proved to be an Obligation from him, on the Part of his Owners, to pay on Demand the Valuation of his Veffel, her Cargo, &c. in cafe the Vice-Roy of New Spain (hould ad- judge her to be lawful Prize, as having en- tered the Port of Nootka without the Per- piiffion of His Catholic Majefty; M. Marti- nez permitted Captain Douglas to refume the Command of the Iphigenia, but reftrained him from proceeding to Sea until the Return pf the North- Weft America, infiftirg that he ihould [ ?i ] lliould then difpofe of her for 400 Dollars, the Price which one of the American Captains had fet upon her. During the Time the Spaniards kept Pof- feflion of the Iphigenia, (he was ftript of all the Merchandize which had been provided for Trading, of her Stores, Provifions, Nautical Inftruments, Charts, &c. and of every Article (except Twelve Bars of Iron) which couH conveniently be carried away, even to the Matter's Watch, and various Articles of Cloath- ing. Thus circumftanced. Captain Douglas ap- plied to M. Martinez for Relief; and, after much Solicitation, obtained a trifling Supply of Stores and Provifions, for the Payment of which he was obliged to give Bills on his Owners. M. Martinez, finding at length that Cap« tain Douglas could not be induced to fell the North -Weft America, permitted hirn to de- part; and accordingly, on the ift of June, he quitted Nootka Sound and returned to China. On the Eighth Day after his Departure, the ^hip North-Weft America, arriving oiF the Port v)f Nootka, was boarded and feized by ppats manned and ec^uipped for V^ar, com- manded Dollars, Captains ;pt Pof- )t of all ided for Nautical ' Article h cou?d to the Cloath- ;Ias ap- i, after Supply lent of on his Cap- ell the to de- ne, he lina. the Iff the d by com- inde4 [ 33 ] hianded by M. Martinez, which towed her into the Sound, and, anchoring her clofe to the Spanifli Ships of War, took Poireliion of her in the Name of his Catholic Majefty, a3 good and lawful Prize, The Officers and Men, with the Stores, Tackle, Furniture, Articles of Trade, and 215 Skins of the befl Quality, were then removed on board the Spanifh Frigate ; and Mr. Barnett, one of the Officers, and fome of the Sailors, were after- wards put in Irons. The Ship was foon after employed by M. Martinez on a Trading Voyage, and brought Home a Cargo for his Ufe of y^ Skins, purchafed with Britiffi Mer- chandize, which, on a moderate Calculation, were worth 7,500 Dollars. On the 3d of July the Argonaut irrived off the Port of Nootka. As foon as M. Mar- tinez obferved her in the Offing, he boarded her in his Launch, and with much Civility promifed Mr. Colnet, her Commander, every Affiftance in his Power ; in confequence of which, and having no Sufpicion of the Spa- niards, he proceeded into the Sound. The next Day, however, M. Martinez fent the Firft Lieutenant of the Princcfla, with a Military Force, to take Poffeffion of the Argo- E naut. Ka^ i il: 1 1 1 ^' •■ I [ 34 ] naut. They accordingly feized her in the Name of His Catholic Majelly, and hoifted on Board of her the Spanilh Flag. Her Offi- cers and Men were made Prifoners, and Mr. Colnet was threatened to be hanged at the Yard-Arm, in cafe of his refufing to comply with any Direftions which might be given to him. This Treatment had fuch an EfFecH: upon the unfortunate Gentleman, that his T"aculties became deranged, and he continued, v\ the Account came away, in a State of Incapacity for the Condud: of any Bulinefs. Not fatisfied with thefc Inrtances of ufurped Authority, M. Martinez appeared defirous of feizing frefli Opportunities of infulting the Britifli Flag. — On the 13th of July the Sloop Princefs Royal appeared off the Port of Nootka J and the Commander, approaching the Sound in his Boat, was feized, and made a Prifoner by M. Martinez, who forced him, by Threats of hanging him at the Yard-Arm, to fend to his Officers to deliver up his Veflel without Conteft. Thefe Orders were dif- patched into the Offing by a Spanifh Officer, and the Sloop was accordingly feized in the Name of His Catholic Majefty, and brought into Port. Her Crew were made Prifoners, and i^r in the ind hoi/led Her Offi- >f and Mr. fed at the to comply e given to an Effea that his ontinued, a State of jfinefs. f ufurped ;/irous of ting the he Sloop Port of reaching id made ed him, d-Arm, s Vc/Tel re dif- Officer, in the wrought foners, and I 35 ] and her Cargo, confifling of 473 Skins, was feized. After fuffering, for fome Time, an igno- minious and painful Captivity, the Crew of of the North- Weil: America was fent by the Spaniards to China. The Argonaut, with her Officers and Men on Board, was fent as a Prize to San Bias ; and, when the Account came away, it was faid that the Princefs Royal, with her Crew, were to be fent to the fame Place. M. Martinez, however, thought proper to detain the Chinefe, whom he com- pelled to enter into the Service of Spam, and whom he employed to work in the Mines, which he h^id opened on the Lands purchafed by Captain Meares. Such was the Subftance of the Information received from Captain Meares. HIS Majel^y's Minifters, who, 'till now, had proceeded with that Caution, which the Uncertain Nature of the liiteilig. nc. they had received rendered effentially neceffiiry, no longer having Room to doubt of the Infult offered to the Britilh Fia<4, and the I j rv (ii." tained by Biitilh Subjects, Jroin the unwar- rantable and unpnwokei Hoftility or th: E 2 Sj.aniih f 1 i I I i [ 36 ] Spanifli Commander, loft no Time in taking thofe Meafurcs, which were beft calculated to vindicate the Honor of His Majefty and the Britifh Nation, and to prove to all Europe that His Majefty, however defirous of Peace, and however unwilling He might be to hazard the Profperity of His Kingdoms on the Events of War, felt too much for the Dignity of His Crown and the Interefts of His People, to fuffer fuch accumulated Wrongs to pafs with- out the Notice becoming the Monarch of fo great a Kingdom. The Affair of Nootka, therefore, and the various other Grounds of Complaint, which the recent Conduit of the Spanilh Court had occafioned, immediately engaged their moft ferious Attention. Nor was it long before frcfli Information from Madrid evinced the Propriety of coming to a fpecdy Determination, and of putting this Country into fuch a State of Preparation, as might enable her to inforce her jull Demands of Satisfadlion, Ihoiild the Court of Spain think proper to avow and fupport the Infults offered |)y her OlHcers, On the 29th of April a Letter was received frOiii Mr, Merry, dated Madrid, the 12th of April, ! 1. [ 37 ] April, by which he informed Government that (C ft <( Don Francifco de Borja, appointed to ** command the Fleet of Exercife af- fembling at Carthagena, had received Orders to proceed immediately with ^* the Fleet to Cadiz, where the Rendez- " vous was now to be, and where there " were Three Frigates and Two Sloops " of War ready to join him. That the following were the Ships which were to fail from Carthagena, viz. C( «( « Ships op the Line. ** Europa " San Pablo ^* San Fulgencio ^* Frigates. " Santa Terefa «' Mahonefa *' Perla « Sloop, ** Tartaro, Guns. 74 74 64 34 34 34 18 ** That Orders had arrived there for All ^? the Ships, which had been reported ) I tl^ « <( €1 ft (( <( <( <( <( <( (C (( <( << t yee iment Lpril, gave d by iting from nces 'St. itely ght [ 39 ] brought to Cadiz in the Ships of War, Advice had been received at Madrid of the Arrival in that Fort, from Vera Cruz, of Two Merchant Ships, with near a Million of Hard Dollars on Board. Mr. Merry added, that " The SpaniHi Fleet at Carthagena had " been joined by the Three Frigates and " Two Sloops of War from Cadiz, ** which he mentioned in his preceding " Letter J and that it was faid the Whole ** was to proceed to the latter Port as *' foon as the Wind fhould allow them to put to Sea.— That the Ships, re- ported to be fitted out for Immediate Service at Cadiz, confifl of 14 Sail of the Line, 10 Frigates, and 2 Sloops: That Two Ships of the Line had been " ordered to be armed at that Port ; and " that Diredlions had been given f.i the " Two, which were arrived witli Treafurc " from Spanifh America, not to be dif- " armed." 3Y Litelligence received about the fame Time, the Authenticity of which could not be 4t it <( (C <{ l\ I f ^ i; • I. li t n 1 40 ] be doubted, His Majefty's MIniflers were in- formed. That a large Fleet was fitted out at Ferrol, confifting of 13 Ships and 4 or 5 Frigates : That a Report prevailed, that All the VefTels in that Department were to be fitted out } and that they were adually getting ready, with the greateft Speed, the following Vcffels, viz. Guns Medio Mundo 124 San Hermenigildo 124 Conde de Regla 124 Patriarca San Jofef 124 San Rafael 80 San Fernando - 90 Brillante 74 The Number of Frigates and their Defliny were, according to this Account, uncertain. The fame Intelligence gave Notice that;, in the Courfc of the laft Month, the Europa of 74 Guns, the Juno Frigate of 44, and the Santa Terefa of 36 Guns, failed for Cadiz, where they now are, with Ten other Sail of the Line and Eight Frigates : — That, in the other Departments, they were getting ready All their Ships : — That there had already been a Levy of 6,000 Seamen from Galicia and the Aftu- nas. ii were m^ d out at 4 or 5 that All s to be getting llowing JKS. 24 24 H Jo 10 4 ^efliny Jrtain. in the of 74 Santa vhere • the Dther their Levy rias. [ 4> ] rias, and of 2,000 from Bifcay, and that Or« ders were iflued for a further Levy of Twcnty- fourThoufand Men : — And that the Regiments of Galicia, Murcia and Zamora were on their March from Pontevedra to Corunna. THE Meafures adopted by His Majcfty's Minifters were as Vigorous as the important Occafion demanded, and their prompt Exe- cution corrcfponded with the Urgency of the Moment. On the 4th of May a MefTengcr was difpatched to Mr. Merry at Madrid, con- veying to him Inftrufdons to Reprefent to the Court of Madrid, that the lafl; Commu- nication delivered by the Marquis del Campo is confidered by His Britannic Majefty cs Unfatisfadtory, and as not affording that Re- paration which Hip Majefty had a Right to expedt on this Occafion ; it 'being therein ftated, that the Reftitution of the VelTel was made on the Ground of General Regard for the Britifti Nation, and of a Suppofed Ig*> norance of the Property of Spain, which alone, as it is alledged, could have encouraged the Individuals of any Nation to refort to thofe Coafts, in the Idea of Eftablifliing them- felves there, or of carrying on their Commerce; F a Claim I I i i '■■ f 42 J ^^- on .he NoTwlZPrT' "' =""1 no Satisfafl,„n u ' "'^ America; --^-ed .o ^ZX:T > ""'' °^ cffinfive .o the 111 r ., ' ''""^^eding fo ■•" Addition .o "iTcllT ":™^- ^' «. »'- Particular, of .^e TrnAa ;r"'°" °' f-y ^hich i. appeared Th ! f '" '^"''*'°"' rfi'' no. confine's, tl'r''"'* ^'^^^ Veflil alone • th.f i ! ^'P'"''^ "^ ("''e -". her c"ew a^ Prff"' "' '"" '^"' '-' s-B,a..hav:;ei!trb"''^''°"°' Con,n,erce on .he Co7 Th "''"« °" * f"l whether One or Both J ^l " ^'^ ''°"'"- "mentioned in M del t ' ^'"° ^'=«'^'^' ^^^-^ not in Effea S V^7' " ^"^°' nnder fuch Circumftln ' "'"'>"='* i--^ of Nationret :;; 1"'°""'',''^ '"« «<=n, that 's Sub- tion is Q hecn J'orth- com- at the been had His >iirt, ijres V's ich ed, in. Its t ?a [ 47 ] Complaints were alfo made of the Fiflieries carried on by His Majefty's Subjedls in the Seas adjoining to the SpaniOi Continent, as being contrary to the Rights of the Crown of Spain. In confequence of this Communi- cation, a Demand was immtdiately made, by His Majefly's Order, for adequate Satisfadlion, and for the Reflitution of the VclTel, previous to any other Difcuffion. By the Anfwer from the Court of Spain, it appears, that this VelTel and her Crew had been fet at Liberty by the Vice-Roy of Mexi- co; but this is reprefented to have been done hy him, on the Suppofition that nothing but the Ignorance of the Rights of Spain en- couraged the Individuals of other Nations to come to thofe Coafts, for the Purpofe of making Eftablifhments, or c. ; aig on Trade, and in Conformity to his previous Inilruc- tions, requiring him to fhew all poflible Re- gard to the Briti(h Nation. No Satisfadlion is made or ofitred, and a dired: Claim is afTerted by the Court of Spain to the exclufive Rights of Sovereignty, Navi- gation, and Commerce in the Territories, Coails, and Seas in that Part of the World. I :U l\ In I i H i 1 ■■ ! II I P /J !i [ 48 ] His Majefty has now direded His Minifter at Madrid to make a frefh Reprefentation on this Subjedt, and to claim fuch full and ade- quate Satisfadtion as the Nature of the Cafe evidently requires. And, under thefe Circum- ilances. His Majefty having alfo received In- formation that confiderable Armaments are carrying on in the Ports of Spain, has judged it indifpenfably nece0ary to give Orders for making fuch Preparat'ons as may put it in His Majefty.'s Power to adl with Vigour and EfFed:> in Support of the Honour of His Crown and the Interefts of His People. And His Majefty doubts not but He lliall have the Concurrence and Support of this Houfe (on whofe Aifedtion and Zeal He perfectly relies) in taking fuch Meafures, and making fuch Augmentation of His Forces, as may be eventually neceifary for this Purpofe. It is His Majefty's earneft Wifh that the Juftice of His Majefty's Demands may infure, from the Wifdom and Equity of His Catholic Majefty, the Satisfadlon which Js fo unquef- tionably Juci and that this Affair may be ter- minated in fuch a Manner as to prevent any Grounds of Mifunderllanding in future, and to continue and confirm that Harmony and Friendlhip II :fia* s Miniaer station on and ade- the Cafe Circum- eived In- dents are is judgtd ders for it in His 1 Effea, )wn and Majefty urrence ffedtion g fuch tion of ary for at the nfure, thoiic iquef.. e ter^ t any > and and Ifhip [ 49 ] FriendHiip which has happily fubfifted l^e- tvveen the Two Courts, and which His Majefty will always endeavour to maintain and im- prove, by all fuch Means as are confident with the Dignity of His Maje'ly's Crown, and the eli'^ntial Interells of His SuSje»fts. G. R. ORDER of the Houfe of LORDS for an Address to His MAJESTY. ThurfJay, May 6, 1790. Ordered, Nemlne difTcntiente, THAT an humble Addrefs be prcfented to His Majefty, to return His Majelly the Thanks of this Houfe for His mofl: Gracious Melllige, acquainting this Houfe with thofe Circumftances relative to the Capture of Britifh VeiTels on the North-VVeftcrn Coafl of America, and to the Conduct of the Court of Spain on this Occafion, which have induced His Majefty to give Orders for making fuch Preparations as may put it in His Majelly's Power to ad: with Vigour and Effec^t, in Sup- port of the Honor of His Majeily's Ciown, and of the Interclls of His People; and to af- G fure r !l « 'f I ! S!;l 11 - sf;;^;f[;^«--% Concurrence Occafion. "«'"^"y be neceflary on this ie%? dI:;;::, ?%'•''' jr-°^Hi. Ma- ^"d Equity of Hn"l"? ™*" ""^ ^•'■''°« joice in fueh a T». • fincerely re- *'>. which ha? h/ ^ ?°"^ """^ P"^»d- G'-cat Britain and S^'''^ ^o '^'"^'*'<* ''«'-<==« ^-'eTij;f I'f '"••«« 'Hat We. at th. '° =>fl"re Hi. Maiel o/th't?'"'"'''''^ ^"'^ -oft zealous and eCua, m '^ ^' " '^^ Mearures as raav her! '"'^'' '" ^"^^ -'•-•"g the D^ni y:r„"t"^' ^- «-- -d the e/rentiaf llTeri ";« t ^'^ ^""''• minions. "^ ^" Majefty's 0o. Hij) icurrence if and in VJajeily'a "f on this lis Ma- kVifdom the Sa- due to rely re- ^uffions rounds y con- riend- 'tween at th6 Duty ion of n the iuch lain- own. Do- Hi^ [ 51 ] His MAJE ST Y's moft Gracious Message to the Honourable the Houfe of C O M- M O N S, in Parliament aflembled. Wednefday, May 5, 1790. HIS Majefty has received Information, that Two Veflels belonging to His Majefty 's Sub- jedls, and navigated under the Britifli Flag, and Two others, of which the Defcription is not hitherto fufficiently afcertained, have been captured at Nootkr Sound, on the North- Weftern Coaft of America, by an Officer com- manding Two Spanifh Ships of War; that the Cargoes of the Britifh Veflels have been feized, and that their Officers and Crews have been fent as Prifoners to a Spanifli Port. The Capture of One of thefe Veflels had before been notified by the Ambafl^ador of His Catholic Majefty, by Order of His Court, who, at the fame Time, defired, that Meafures might be taken for preventing His Majefty's Subjeds from frequenting thofe Coafts, which were alledged to have been previoufly occupied, and frequented by the Subjects of Spain. Complaints were alfo made of the Fiflieries carried on by His Majefty's Subjects in the G 2 Seas '< ( i I I ;• i ,iii' W [ 52 ] Seas adjoining to the SpaniHi Continent, as being contrary to the Rights of the Crown of Spain. In confequence of this Communi- cation, a Demand was immediately made, by His Majefly's Order, for adequate Satisfaction, and tor the Reflitution of the Veffel, previous to any other Difcuflion. By the Anlwer from the Court of Spain, it appears, that this Vellcl and her Crew had been fet at Liberty by the Vice-Roy of Mexi- co; but this is reprefented to have been done by him, on the Suppofition that nothing but the Ignorance of the Rights of Spain en- couraged the Individuals of other Nations to come to thofe Coafls, for the Purpofe of making Ellablilbments, or carrying on Trade; and in Conformity to his previous Inftrudtions, requiring him to fhew all DolTible Regard to the Britifli Nation. No Satisfidion is made or offered, and a diiek!l Claim is ailerted by the Cou •' of Spain to the exclufive Ri;;hts of Sovcreientv, Navi- tration and Commerce in the lerritories, Coaft^;, and Sens in that Part of the World. His Majelty has now directed His Miniflers at Maurid to make a fre(h Reprefen ration on ^his Subjcdt, and to claim fuch full and ade- quate [ S3 ] quale Satlsfadlion as the Nature of the Calb evidently requires. And, under thefe Circum- flances, His Majefly having alfo received In- formation that confiderable Armaments urc carrying on in the Ports of Spain, has judged it indifpcnfably neceflary to give Orders for making fuch Preparations as may put it ia His Majefty's Power to adt with Vigour and Effed:, in Support of the Honor of His Crown, and the Interefts of His People. And His Majefty recommends it to His faithful Commons (on whofe Zeal and Public Spirit He has the mofl: perfedt Reliance) to enable Him to take fuch Meafures, and to make fuch Augmentation of His Forces, as may be eventually neceflary for this Purpofe. It is His Majefty's earneft Wifh, that the Juftice of His Majefty's Demands may infure, from the Wifdom and Equity of His Catholic Majefty, the Satisfaction which is fo unquef- tionably due ; and that this Affair may be ter- minated in fuch a Manner as to prevent any Grounds of Mifunderft mding in future, and to continue and confirm that Harmony and Friendthip which has fo happily fubfifted be- tween the Two Courts, and which His Ma- jefly will always endeavour to maintain and improve. AK , ,■ I .1 f W J G. R. The RESOLUTIONT e ,. COMMONS for "„ * ° *' """'"^ of MAJESTV. Address to Hi« K..O.V.D Ne..-„e co„.„aice„., Thanks of LVolrTn'' ""J'^y ">« J^«%e, acc,uai„"nf^""-f Gracious cumftances relative fo the^ °' "'°'' ^'■^- Vefl-els on the Nort -W^^.r^/.^''''^ "«.. -d to the CondTa of S r^™'" Sp^m on ti^is Occafion, wi^L. h, /' "'^ His Majefty ,o „;„^ r> ^ . ''^''^ educed Power to aa with ViLur and Fff^' • *^''-'^'*^'' f the Honor of His^M jefttf?" '" '"PP^^^ the Intereds of His Peonl^ ?°'^"' ""'' °f His Majefty To tTfce r 1!^.^'°"^"^ ^° «able •"ate f ch Au * e . ^''"■"^"' ^"^ to Augmentation of His Majefty" anfiftent Crown, fts. '. R. onCs of to His 1790. ;fented ■y the acious 2Cir^ ritifh ^ine- rt of uced uch fty's port dof His bJe to y's ■«;^ [ ss ] Forces, as may eventually be neceflary on this Occafion. That We truft that the Juftice of His Ma- jefty's Demands will enfure, from the Wifdom and Equity of His Catholic Majefty, the Sa- tisfadlion which is fo unqueftionably due to His Majefty ; and that We fliall fincerely re- joice in fuch a Termination of the Difcuilions now depending, as may prevent any Grounds of Mifunderftanding in future j and may con- tinue and confirm that Harmony and Friend- Ihip, which has happily fubiifted between Great Britain and Spain : But that We, at the fame Time, feel it Our indifpenfable Duty to aiTure His Majefty of the Determination of His faithful Commons to afford His Majefty the moft zealous and effedlual Support, in fuch Meafures as may become requifite, for main- taining the Dignity of His Majefty's Crown, and the effential Interefts of His Majefty '& Dominions. WHILE thefe Steps were taking, to vin- dicate the Honor of the Britifti Crown, and to obtain an adequate Satisfa land the d, unlefs nant-Co- ' the Set- ion bein^ i, and to wer with ^nd, that uld con-i s. Lord re(5ted to rom Ja- idopted, ^is Ma- idential heEafl: gainfl a an ef- /hould uch an Land Ships vallisj him, in [ 63 1 in concert with General Medows and Com* modore Cornwallis, to take all preparatory Steps for getting ready One Regiment of the King's Troops at Bengal, One at Bombay, and Two at Madras, with as many Madras or Bom- bay Seapoys as might, in the whole, confti- tute a Force of about Five Thoufand Men, for the Purpofe of ading ofFenfively from the Eaft Indies againft the Spanifh Settlements in the Phillippines, or on the Weftern Coaft of America, (hould Orders come out from Eng» land to that EfFed: : And he was further in- ftru<^ed to provide a fufficient Quantity of Shipping to convey thefe Troops, and to col- ledV a Sufficiency of Artillery, Camp Equipage, and other Stores, as well as Salt Provifions. This Difpatch had left England a very fliort Time, when a Piece of Intelligence arrived, which made it neceflary in fome Degree to alter the Inftrudtions thus fent out. An At- tack had been made by Tippoo Sultan on an Ally of the Eaft India Company, which, it was apprehended, might occafion the Britifli Government in that Peninfula to interfere, and might lead on to a War with that powerful Prince. In confequence of this Event, His JVIajefty's Minifters conceived that it would not ti I Mi M i I 1 'ill] . .11 I i' > M [ 64 ] not be advifeable to detach To many Men from that Country on an Expedition againft the Spaniards, as had been mentioned in the pre- ceding Letter. A frefh Inftrudion was there- fore fent * to Lord Cornwallis, by the Swal- low Packet, directing him to hold in Readi- ncfs Two Battalions of Europeans, and as many Native Troops as might make the whole Force amount to 1,500 or 2,000 Men, for the Purpofe of making an Attack on Manilla, and which probably would prove adequate to that Expedition. At the fame Time, One Ship of the Line and Two Frigates were ordered to proceed im- mediately to India, to join the Fleet under Commodore Cornwallis. One Fifty Gun Ship and One Frigate were ordered to fail for Canton, to convoy through the Indian Seas the Company's China Ships, which were or- dered to fail in Two Divifions, the Firft in January next, the Second in February j and, having performed this Service, to join Commo- dore Cornwallis, either at the Manillas or in the Bay of Bengal, according to the Information they fliould receive. Beiides thefe Reinforce- jnents, a Quantity of Salt Provifions, fufficient for * June 5, il t 65 ] for the Ufe of Five Thoufand Men for Six Months, was fent in Tranfports to the Eaft Indies, as it was apprehended a Difficulty might be found in procuring that Article there. Having thus taken a View of the Meafures adopted by His Majefty's Minifters, for put- ting His diftailt PofTeffions into a State of ade- quate Defence, and for making fuch Prepa- rations for adlive Service as Circiimftances might require ,; it will be proper to return to the great Queftion agitating with the Court of Spain, and to follow the King's Servants in the Negotiations which it occafioned in various Parts of Europe. THE happy Termination of the Difputes in Holland in the Year 1787, by which the prefent Government of the United Provinces was eftablifhed on its prefent Footing, and which was in a great Meafure owing to the vigorous and efFef Leeds )revious lated by Num- ber [ 67 ] ber of Ships might not be furni(hed by the Republic, to adt in concert with us (in cafe of War) though not upon the precife Footing of Auxiliaries under Treaty; and upon what Terms fuch Afliftance might be procured, before a Formal Demand of a Naval Force, as fpccified in the Treaty. His Grace conceived there was no Doubt but that, on the flrideft Interpretation of our Alliance, This is a Cafe in which we /hould be intitled to call on the Republic to furnifh it's Contingent j but that it might perhaps be worth while, at an earlier Stage of the Bufmefs, to induce the Republic to make Immediate Preparations for equipping a Squadron, under an Engagement from us tq contribute to the Extraordinary Expences ari- fing from that Meafure ; and that fuch a De- monftration, made in concert with us at the Outfet, might have the greateft EfFedt in pre- venting adual Extremities, and might thereby equally promote the Views and the Interefts of This Country and of Holland. This the Duke ftated to his Excellency in perfect Confidence, with a View to his making fuch Enquiries as could be made with Difcretion, in order to give His Majefty's Minifters the neceffary Informa- tion on the Subjedt ; and Lord Auckland was further diredled to fend over, with the utmoft I 2 Expedition, ( I :: »i I ,: [ 68 ] Expedition, an accurate Account of the whole of the Dutch Naval Force, efpecially of that Part ferving on Foreign Stations, diftinguifhing the feveral Stations. Thefe necefTary Steps having been taken to* wards Holland and Pruflia, and a Foundation having been laid for Support and Afliftance in the Event of a War, His Majelly's Miniders thought it advifeable to puffue fuch a Line of Condud: towards France, as iliould prevent that Power from taking a Part againft us in Favor of Spain. With this View, a Comma- nication of aU ^he re nt Circumftances was made, on the 7th of May, to Lord Robert Fitz-Qerald, His Majefty's Charge d'Affaires j;t Paris j and he was directed to take an early Opportunity of explaining the Whole of this Bufinefs to Monficur de Montmorin, and to allure him, in the moft explicit Manner, that the Preparations going forward in This Coun- try were made folely with a View to the Situa- tion, in which His Majefty found Himfelf in relation to the Court of Spain, and for the Purpofe of defending Hisjuft Rights: That the King yv3.s fincerely defirous of terminating the Affair by Negotiation, if it could be ef- fctlcd on fair and honourable Grounds 3 and that He A taken to* oundation iftance in Minifters a Line of 1 prevent nfl us in Commu* inces was d Robert d'AfFaires e an early le of this and to ner, that s Coun- le Situa- imfelf in for the : That minating be ef- and that He ;s [ 69 ] He was perfuaded the Court of France wonid fee, in it's juft Light, the Condudl which His Majefly found Himfelf indifpenfibly obliged to adopt on this Occafion. Lord Robert was alfo pltruded to repeat the Affurances which, from Time to Time, he had been inftruded to make, of His Majcfty's fincere Defire to preferve the Harmony and Good Underftanding at prefent happily fubfifting between Thisi Country and France, At the fame Time, Circular Letters were written to all the King's Minifters reliding in ^ the different Courts of Europe, acquainting them with the Bufinefs in Difcuffion, and re-» quiring them to fend Home the earlied and moft compleat Accounts of every Thing which might have a relation to it. O N the I oth of May, a Letter arrived from Mr. Merry to the Duke of Leeds, dated Aran- juez, April 22, by which it appeared that the Warlike Preparations in Spain were continued. Mr. Merry relates, that the Fleet under Lieu- tenant- General Borja, confifting of Three Ships of the Line, Six Frigates and Two Sloops, had failed on the 14th Inflant from Carthagena, and had taken a Wefterly Courfe : That Or- ders had been fent to that Port, for Six Sail of < j< I [ 7° ] of the Line and Two Frigates to be prepared for Sea with all pofTible Expedition : That Four Line of Battle Ships (Two of them Firft Rates) and fome Frigates, were arming at Ca-> diz : That One Ship of 1 1 2 Guns, One of 84^ another of 74, a Frigate, and Two Store- Ships of 40 Guns each, were arming at Ferrol j and that, upon the whole, it would appear that there were about Twenty Sail of the Line at that Time preparing for Immediate Service in the Spanifh Ports. LORD Auckland, to whom, as it has al- ready been ftated, a very delicate and important Commiflion was intrufted by the Duke of Leeds's Private Letter of the 4th Inftant, loft no Time in carrying into EfFedt His Majefty's Wifhes. Having communicated to the Prince and Princefs of Orange, the Penlionary, and the Greffier, the Contents of that Difparch, he was delired by them to exprefs their grate- ful Acknowledgements for fo early a Communi- cation of this very important Bufinefs, which they conlidered as a Mark of particular At- tention, exciting them to Alacrity and Ear- neftnefs in our Caufe. This Acknowledge- ment was followed by the moft adive and friendly Exertions, and by the mod unequi- vocal ;rvice in [ 7- ] vocal Proofs of the good Difpofition of that Government, to go even beyond His Majefty's Defires, in their Efforts to aflift this Country in the Event of a War. Lord Auckland re- ceived an Account of the Dutch Navy, by which it appeared, that the Number of Ships of the Line, in actual Exiftence, in the dif- ferent Ports of the Republic, was near Forty> upon the Eflablifhment and Annual Repar- tition of the Provinces : That of thefe, about Half the Number was in a very good State, and, Should His Majefty wifh to have them imme- diately, in Part, or in the Whole, fitted for Service, the States General would agree to it, provided Great Britain would charge herfelf with the Expence. Of this, however. Lord Auckland promifed to fpeak more precifely in his next Difpatch. Of Ships immediately in Readinefs, befides the Frigates in the Eaft and Wed Indies, there were ftationed in the Tcxel and UlilTengen, One Ship of Seventy Guns, Two of Sixty, One of Fifty, Two of Forty, Two of Twenty, befides fome Cutters and armed Brigs j and, in the Mediterranean and Archipelago, Two Ships of Forty and Forty-four Guns, Oiie of Thirty-fix, and One of Twenty-four. The Veflfels in the Texel and M: iij fii n Ml ! J 1 I I 11 1^: ,- 1 i! - t 7» ] and Uliffengen itiight be fent to Sea in the Courfe of a Month ; and, within Three Months, the Squadron might be increafed by One Seventy Gun Ship, and Five of Sixty. Such were the important Advices received from Lord Auckland on the 13th of May; affording an unequivocal Proof of the Friendly Difpofition of the States General, as well as of the Zeal and Ability of His Majefty's Ambaf- fador. Mr. Fitz-Herbert, who had been charged with the arduous Tafk of conducing at the Court of Madrid the Negotiation alluded to in Mr. Merry's Letter of the 4th Inftant, having left London on the 9th, and arrived at Paris on the nth following, no Time was lofl in preparing and in forwarding to him, at that Place, the Inftrudions, by which his Conver- fations with the Spanifh Miniftry, and his Condu \j I 78 ] to the eftablifhed Principles of the Law of Nations, and to the plain Senfe of the Treaties fubfifting between the Two Courts, efpecially that of 1670. The Claim of Exclufive Navigation or Com- merce in the American or Pacific Seas was dated to be equally inadmiffible ; as, according to the Principles of the Law of Nations, and the fair Conflrudtion of Subiifting Treaties, the Rights of Spain can extend only to exclude Britifh Ships from the Ports of Countries Adtually in the PofTeflion of Spain, and to carry into Effed: the necelTary Regulations for preventing a contraband Trade with their Colonies or Set- tlements ; and that, confequently, the Court of Spain can have no Ground for aflerting a Right to obftrudt the General Freedom of Navigation and Fifheries in the American or Pacific Seas j or to prevent any other Nations from frequenting any of the unfettled Parts of the American Continent. Should the Court of Spain adopt the Mode of proceeding to an Arrangement, which fliould only look forward, and remove Occafions of Mirunderllanding in future, Mr. Fitz-Herbert was mftrudtcd, that the Firfl Point would be, to fecure His Majeily's Subjects in carrying on the ilodc lould IS of Ibert be, on thQ I [ 79 ] the Fifliery for Whales and Seals, in any Part of the American Seas or of the Pacific Ocean. For this Purpofe it fhould be ftipulated, that they fhould meet with no Moleflation from the Officers or Subjedls of His Catholic Ma- jefty when fo employed, or in coming on Shore for the Purpofe of their Filhery, or for that of getting Wood, Water, or other Refrefli- ments in any of the Unfettled Parts of the American Continent, or in any Unfettled lHands in thofe Seas. In framing fuch an Article no Words fhould be ufed, which might make this Agreement appear a ConceiTion on the Part of Spain, and might thereby imply an Admiffion on our Part of their Sove- reignty. That every Jealoufy on this Subject might be removed, Mr. Fitz-Herbert was authorized to exprefs His Majefty's Readinefs to agree to any proper Provilions which could be pro- pofed, for effedually preventing His Subjedts from making the Fifhery a Pretext for carry- ing on any Contraband Trade with any of the Spanifli Settlements in America; and to pro- pofe a General Article, engaging that His Majefty will take the mofl: effedtual Meafures in His Power for this Purpofe. An \i\ ! |i J ! i 'i' I ' .' I [ 80 ] An Exclufive Right in the Court of Spain to any Territorial Claim was declared to be Inadmiflible, unlefs founded on Adtual Occu- pation and Eftablilhed PofTeflion, prior to any other European Nation. This cannot be proved to have been the Cafe, prior to the late Tranfadion, in any Part of the Conti- nent North of the Spaniih Settlements in California, but efpecially not at Nootkaj and, if any Part of that Coaft has been oc- cupied by Spain, fince the Date of the Vio- lence committed by the Spanifh Officer, That Occupation cannot be confidered as giving any Exclufive Right againft the Britifli Crown. There having been fuch a bona-fide Oc- cupation of Nootka Sound by Britifli Subjedts, as would give a Title to the Lands occupied by them, and a Right to carry on their Com- merce there, unlefs a Prior PofTeflion on the Part of Spain or of any other Nation (of which His Majefty's Minifl:ers are not yet apprized) can be proved ; His Majefty's Subjedls, unlefs this is the Cafe, mufl: be reftored to the Pof- feflion of the Lands purchafed by them in thofe Places. With [ 8, ] With refpedt to the Permanent Principle, on which the Right of making Further Efta- bli/hments on any Part of the Coaft in future fhould be regulated, it was flatcd to be evi- dently reafonable, that All European Nations fhould be competent to make fuch Eftablifli- ments by a bona-fide Purchafe, Occupation and Poffeflion J though it would not bejuft, that fuch Eftablifliments (liould exclude Other Nations from a Commerce which they had previoufly carried on upon fuch Coaft:. A Sti- pulation to this EfFedt (hould therefore be in- ferted in any Treaty or Convention to be made on This Subjedt. Mr. Fitz-Herbert was further inft:rud:ed, not to conclude any Thing Definitively, with- out frefli Inftirudtions, and to take, ad refe- rendum, any Modifications, or any Different Propofals, which might be fuggefted by the Court of Spain ; and was informed, that, to prevent any Jealoufy which Spain might feel as to our Intention of making Settlements in South America for the Purpofe of facilitating a Contraband Trade, His Majeft:y might pof- fibly be induced to enter into an Agreement with His Catholic Majeft:y, by which the Two Crowns Ihould bind themfelves not to make L in :i ff^-r if ■^i M' l\ i ■II i [ 82 ] in future anv Settlement on the Continent or Iflands of South America, to the Southward of the Parts now occupied by Spain, except in the Event of a Settlement being made by any other Nation. In the Third Difpatch of the fame Date, Mr. Fitz-Herbert was inflrudled, in the Event of a Pofitive Denial of Satisfaftion being given to Mr. Merry, or even an Order to quit Ma- drid, (of which he would become apprized by opening the Difpatches of any MefTenger from Mr. Merry whom he might meet on his Road) not to proceed in his Journey without further Inflrudions. As there was One other Contingency ftill to be provided for, namely, the Circumftance of the Court of Spain determining to fupport it's prefent Pretenfions, and Mr. Fitz-Herbert being ordered to quit Madrid, it will be pro- per in this Place to mention that, on the 25th of May, that Minifter was diredled (by a Dif- patch fent in the moft expeditious Manner) in fuch a Cafe Immediately to repair to Lifbon where a Frigate would be ready for his own Conveyance, and fome Sloops for the Purpofe of carrying any Difpatches he might have Oc- cafion ^0 forward. Should the Court of Spain however. ii [ 83 ] however rcfolve upon a War, but fliould not order Him to quit Madrid, Mr. Fitz-Herbert was diredled Immediately to fend the Duke of Leeds Notice of that Event, and to remain there until he (hould receive Frefh Inftruftions for his future Conduct. \OWIi [pofe loc- )ain :er^ While His Majefty's Confidential Servants were thus exerting themfelves, to provide for every poflible Contingency \yhich might arife from the pending Negotiation, Mr. Fitz- Herbert, whom a flight Indifpofition had de- tained at Paris, and Lord Robert Fitz-Gerald, loft no Time in communicating to the French Miniftry the adlual State of the Bufinefs, and in founding their Difpofition, as well as that of the National Aflembly, towards this Country. As the Interefts of thefe Two Bodies were evidently diftinft, it is no furpri- zing that a Communication of this very in- terefting Nature Ihould have affedied them differently ; and that while, on the one Hand, the French Miniftry caught at an Opportu- nity, which they deemed favourable for the Recovery of that Power of which the King bad been deprived, the National Affembly L 2 ihould IMAGE EVALUATION TEST TARGET (MT-S) A ^ .^\ 1.0 I.I 11.25 u,m Jim •WtaU a PhotDgraohic ^Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (71«)S73-4303 ^^ iV $ ^ 4^ \ ^ ^<^^ 6^ !!i i [ 84 ] /liould have feized it as the Means of curtailing llill more the Royal Authority. Monf. de Montmorin accordingly took an early Opportunity of exprefling his Regret, and that of His Moft Chriftian Majcfty, at the Mifunderflanding fubfiAing between the Bri- tirti and Spanifli Courts; and, with many Ex- preflions of Friendfliip and Defire of prefer- ving Harmony between them, infmuated an OfFer of Mediation on the Part of his Royal Maftcr. At the fame Time, however, he thought proper to obfcrve, that the Britifh Armament rendered it neceflary for France to arm on Her Part j but that this was merely a Meafure of Precaution, which the French King would be very ddircus to terminate as foon as pofTible. He concluded by faying, that, in this Hope, the French King would flrenuoufly fccond our Negotiation at Madrid, in the Confidence, that Nothing would be propofed to the King of Spain, which could afFedt His Digtiity, His Rights, or the Elfential Interefts pf His Crown, This Declaration to our Minifters was im- medi.itcly followed by an Order for fitting out fourteen Sail of the Lir.c, and by a Commu- jiiLation of that Order to the National Affem- biy. [ 85 ] bly, to whom, from the Change which hack taken Phicc in that Country, it now was be- come neceflary to refort, for the Purpofe of receiving the Sandion of that Body, and of obtaining a Supply necefliiry for carrying the Mcafure into hxccution. On the Communication being made, the Sandlion and the Supply demanded were granted without Hefitation. But as, from the infidious Language held in that Aflembly by many of it's Members, who. wee known to be attached to the Royal and Ariftocratical Parties, it plainly appeared that they were anxious to avail them- felves of this Opportunity to bring on a War, in the Hope that the general Diftrefs and Con- fufion, which muft almofl inevitably follow, might ultimately tend to the Re-eftablifhment of the Royal Authority on it's former Footing, the Democratical Part of the Allembly, aware of their Drift, eagerly caught at the Moment for carrying into Execution their Plan of transfer- ring the Power of making War and Peace from the Crown to the National Affembly. A Meafure of this Magnitude, on which fo much was expcdlcd to depend, and which called forth the flrongefl Exertions on either ^jde, divided the National Affcmbly into Three 1^1 u [ 86 ] Three Fadllons. Of thefe, the moft confpi- cuous confided of violent Republicans, whofe Objedl was to deprive the King altogether of that Prerogative, which they contended be- longed folely to the Nation. The Second was the Ariftocratical Party, which, in a Manner equally violent, endeavoured to veft this Power exclulively in the King. The Third, which was a Branch of the Republican Party, but more moderate in Principle, exerted itfelf to place this Prerogative in the Hands of the King, fubjcft, however, to certain Reftri ] anxloufly employed in carrying on the necef- fary Preparations, that every Thing might he ready, fhould a RefuCd on the Part of the Spaniards, to comply with the King's Requi- fition, compel this Nation to embark in a War; and in making fuch Arrangements as the NecefTity of the Times appeared to re- quire. Of thefe a material one was the Appoints ment of Earl Gower as AmbaiTador Extraordi- nary at the Court of France. This Nomina- tion was notified to the French Miniftiy on the 2 1 ft of May, and fliortly afterwards his Lordfliip fet out for that Court. As Monf. de Montmorin, in his Anfwer to the Communication made to him by Mr. Fitz- Herbert and Lord Robert Fitz-Gerald, had thought proper to infinuate, on the Part of his Royal Mafter, an Offer of Mediation be- tween England and Spain; and as this was a Circumftance which His Majefty could by no Means agree to, or wifh, even by His Silence, to fuffer to pafs without Contradid:ion : Lord Gower, in Addition to his General Inftru(flions, was diretfled to beftow a particular Attention to the Nature of the Converlation he was to hold M 3 with Ji :; f 'I I i li U ^' ^i-i ii IJi^J i [ 92 ] with Monf. dc Montmorin, on the Subje(fl of the Differences fiibfiliing between His Majcfty and the Catholic King. Mc was intruded, not to fail to repeat to That Miniftcr the Adurances aheady given to him, of His Ma- jefty's earneil Wilh to preferve entire and unabated that Harmony at prefcnt fo happily fubfifting between England and France ; af- furing Monf. de Montmorin, that it was the King's Real Dcfirc to fettle the prefent Dif- ferences with the Court of Madrid in a fatif- fadlory and friendly Manner. His Excellency was directed at the fame Time carefully to nvoid giving any Degree of Encouragement to France to offer theii formal Mediation ; and, (liould any Offer be made to him, either of Mediation or of Good Offices, he was in- truded to take it only ^^ Referendum ; the Injury received by His Majefty being of a 3Vature not to allow the Mediation of a Third Power ; and as, in any Cafe, the Mediation of cither France or Spain could not be admitted, with Propriety, whenever This Country had i\ny Diiil-rencc to adjuft witii One of Thofe powers. His [ 93 ] His Majefty's Miniilers exprefl'ed their Opi^ nioii to Lord Gower, that fuLh Influc.jce, as the French Court might polFcfs over the Coun- cils of That of Madrid, might perhaps have a good EfFcdl, if exerted with a View to incline Spain to Pacific Sentiments ; that This, how- ever, mud be Spontaneous on the Part of France, as it could not, in any Shape, be applied for by us. With reCpeO: to the Armaments ordered in the French Ports, Lord Gower was told, it feemed not advifeable to take any further No- tice of them, at prefent, than to confider them, as they had been repref.nted by Monf. de Montmorin to the Marquis de la Luzerne, and by him to the Duke of Leeds, only as a Mea- fure of pure Precaution. For, although His Majefty's Minifters would not ceafe to be at- tentive to what is pafling in France, a Formal Reprefentation on the Suhjedl, under the pre- fent Circumflanccs of That Country, might perhaps, in the Event, promote fome Meafure, which, even if it fnould not be attended with any ferious Effedt, might make, for the prefent, an Unfavourable Impreflion, and render an Amicable Termination of the Difcuilions with Spain [ 94 ] Spain Icfs likely. Lord Gowcr, however, was dire(n:ed to be particularly attentive to the Nature and Progrefs of thefc Armaments, as well as to the Means by which it was propofcd the Expences of them fliould be defrayed. I l! i: LORD Auckland having, as has already been ilated, obtained the Concurrence of the Prince and Princefs of Orange, the Grand Penfionary and the Greflier, with His Ma- jefty's Propofd, lofl no Time in promoting the great Obicfl intruded to him. Having prevailed on the Grclher to make a Confiden- tial Conmumication of the Bufinefs in Quef- tion to tlie Secret Committee of Their High MightinelTcs, he received from him on the 1 2th (jf May a Copy of the Refolution en- tered into "uy That AOembiy. By this They gave the moll pofitive Alfurance of their ac- complifhing, on every Occafion, their Engage- ments with His Majcfty, as an Indifpenfible Duty, however didlcult or painful fuch Ob- fervance might be on particular Occafions, Of thtfe Sentiments they declared themfelves reatly to give unequivocal Proofs, in every C.ife where the Treaty of Dcfenlive Alliance could jittach j and, for this Purpofc, they fluted them- felves r 95 ] fclves to be ready Immediately to take fuch Steps as the Nature of their Government would permit. As a Proofof the Sincerity of this Aflurancc, the Recruiting of Sailors was dih'gently profe- cutedj and Orders were given lor advancing the Preparation of feveral Veffels, as hr as it could be done without rifquing material Ex- pence, and for coppering Time Ships of the Line, already fit for iminedutc Service. By thefe Meafures, a confiderable Advantage was derived from the Provinces being fully pre- pared by them for the Demand of the Suc- cours ftipulated by Treaty, in cafe of an a(aual War; and it was extremely fatisfadtory to dif- cover, as happily was the Cafe, that the Alarm under fuch a Probability had beea much lefs, even at Amfterdam, than could have been expedted. Lord Auckland was not lefs attentive to the other important Bufmefs committed to his Charge, of afcertaining whether a certain Number of Ships might not be furniHied by the Republic, to adl in Concert with His Ma- jefty's Fleet, in cafe of War, though not on the precife Footing of Auxiliaries under Trea- ty; and upon what Terms fuch Affiflance might ri til %: {\ ■! [ 96 ] might be procured. Upon thefe Points hi« A<5tivity enabled him to procure very fatisfac- tory Information, which he tranfmitted to the Duke of Leeds on the 15th of May. By this it appeared, that the Seventy Gun Ship, the Two of Sixty, and the One of Fifty^ mentioned in his preceding Letter, as equipped and ready for Sea, being manned only on the Footing of Peace, required 450 Men to com- plcat them to the War Eflablifhment. That it would be eafy to bring forward into Imme- diate Preparation for Service One other VcfTel of Seventy Guns, then coppering, and Five of Sixty Guns, for which 3250 Men would be neceffary. This, being computed at 40 Florins (21 d. per Florin) per Man per Month (the Ordinary Eftimate, including Wages, Provifions, and Wear and Tear) would amount to 130,000 Florins, Or about ii,6ool. Ster- ling. The Levying of thefe Sailors was to be cfliimated at Sixty Florins per Man 5 which would come to 195,600 Florins, or about jT 17,400 Sterling. The Expence, therefore, of the Ten Ships of the Line, to be com- pleated and taken into His Majefty's Service, would be. For One, Month, £ 29,000 : — « For Two Months, £ 40,600 : — For Three Months, [ 97 ] Months, ^ 52,200. From this, however, would, of courfe, be dedudlea a Siini propor- tioned to wliatever number of men might be wanting to compleat the full Eflablilhincnt. Upon this Scale, as his Excellency was aflurcd by the Fifcal Van der Hoop, the Republic could, in a few Months, fiirniili double the Number of Ships above ftatcd, though it probably might be neceffary to increale the Levy Money. As foon as this Important Information arrived, the Duke of Leeds, having received His Majefty's Commands, wrote to Lord Auckland, * authorifmg his Excellency in- flantly to accept of the propofed Terms, and to promote, as far and as expcditloufly as pof- fible, the Equipment of an Armament of ttn Sail of the Line, the Expence of which would be without Difficulty or Delay defrayed by this Country. His Excellency was alio dc- fired, to give the earliefl Liibrmation of the Mode in which the Payment could be made in Holland, confiflently with that Degree of Se- crecy, which the Nature of tlic Service fcemed to render extremely dcfire.ible. :i N This t May 18. h ii w ■ I III t 98 ] This Dlfpatch was received by Lord Auck- land on the 20th of May, and, on the Day fol- lowing, his Excellency received from the Gref- fier a Copy of the Rcfolution of the Deputies of Their High Mightineflcs for Foreign Affairs, by which he was informed, that They had pro- vilionally addrefled the Prince Stadtholder, as Admiral General of the Union, to enquire of the Deputies of the different Colleges of the Admiralty then at the Hague, in what Time, and at what Rate, they could put the Ships of the Line aftually equipped on the War Efla- bliHiment, as well as fix other Ships of the Line not yet equipped, in caft; Their High MightinefTes fliould think proper to make fuch an Armament ; and to acquaint them with the Refult of His Enquiries. In confequence of this Refolution, and as all the Principal Officers of the Admiralty had been previoufly afTembled at the Hague, Orders were, in the Evening of the fame Day, given to them, to expedite all Preparations as much as pofTible. The Prince and Princefs of Orange, with the Grand Penfionary, fet out on the 24th for the Texel, to vifit the Fleet, and afterwards proceeded to Amfterdam, for the Purpofe of afcectaining the Approbation of , [ 99 ] of the principal Perfons there, and thereby to compleat the whole Meafure. Previoufly to their Departure, the Admiral- ties made a Report of the Expence of fitting out Ten Ships of the Line; in which it was rated confiderably higher than it had been in the former Communication to Lord Auckland. According to this Eftimate, the Expence of compleating to the War Eftablilhment the Four Ships of the Line already on the Peace Service, and of adding Six more of the Line, (One of 74, and Five of 60 Guns) and of Equipping and Manning them Lnmediately, and of Maintaining the Whole for Twelve Months with all Charges, would be about 2,600,000 Florins, or about 230,000!. Ster- ling. The Grand Penfionary, however, ex- preffed his Opinion, that This Report would not occalion any Difficulty in the Equipment j and Meafures were, without Delay, taken to advance the adlual Preparations in every Branch of the feveral Admiralties. In confequence of thefe Circumftances, Lord Auckland, having conferred with the Stadt- holder, fubmitted, on the 25th of May, to the Duke of Leeds, that the Sum or Sublidy N 2 to Ft' lit !i^ w ti i ll; '1 ■ 'i • i ;( L?s Vet™ 7' '" ""« I Fortnight Vifit to 7he d i "''"' "^"^ before he could give th r f"'"' ^'"'^°"^' This would noflf£i f ""'^"""■onal Forms. «"f.ners. hut wlidtvet-m' t""" °' "^^ ^«h the other Province? fo ""' '° ""j"* the WhoJe Charge froml'r '° P'"^« -hich he AouId\errv^'"/r" """""''• In 'his State the a/- ''W"- 3'ftof May. beforel .' "" ""'"'• °" 'he •"fteramo^lV^e ;Di::E^--''«''>ere. 7^ pafl-ed to forward tie?!' ' ^''"°'"''°» the above-mentioned Ideas al ^7""^"^ ""^ I i ^03 ] His Majefty's Command, f exprefTcd to Lord Auckland His particular Satisfadion at fuch a friendly Demonflration on tho Part of Hi* Allies; and, as it was probable that His Ma- ji^fty would fend a Squadron, of about Twenty Ships of the Line, to cruize off the Coafts of Spain, for the Protedllon of the Britilli Com- merce, and in order to be ready to aft, if the Negotiation with the Court of Spain fhould fail, or Events fliould arife to require it, his Grace fuggefted, that it would be extremely defireable to have the Dutch Squadron fail for Portfmouth; and, although Circumftances might perhaps not render it neceflary for them to proceed further, in the iirft Inftance, thaa merely to demonftrate th^ friendly Connedion fubfifting between the Allies, it would be very important for the Common Caufe, that the Squadron fliould be fupplied with every poffi- fible Preparation for Service, and the Com- manding Officer furniflied with Difcretionary Inftrudions, to ad in fuch a Manner, in conjundion with His Majefty's Fleet, as Cir- cumftances might render neceffarv. X June 8, On Ill I ii \ n^ [ 104 ] On the loth of June this Difpatch arrived at the Hague J and, on the 13th, the Duke of Leeds was informed by a Letter from Lord Auckland, dated the iith, that nothing pre- vented the-Sailing of the Dutch Squadron, under Admiral Kingfhsrgen, but the Want of Inftrudlions from the Stadtholder, who was at Breda ; that He would immediately be written to for them; and that, on their Receipt, the Fleet would proceed on it's Cruize, and go immediately to Portfmouth. With Refped to the Difcretionary Inftrudtions to be furniihed to the Commanding Officer, the Grand Pen- fionary was of Opinion, that it would be pre- mature to Recommend to the Prince to take upon Himfelf to give fuch Inftrudions j and that, until the Necefiity (hould be more appa- rent, it would not be prudent to make the Propofal to the States General, who might feel themfelves obliged to refer it to the Pro- vinces. • • .■ THE Court of Berlin, to whom, as has been ftated, a Communication of the depending Bufinefs had been made on the 7th of May, loft no Time in tranfmitting an Anfwer, de- monftrative of their friendly Intentions to- wards [ loj ] ^ards His Majcfty. On the 20th of May, the Pruflian Minifters delivered to Mr. Ewart, on the Part of the King their Mader, a written AfTurance, that His Pritnian Majefty, fenfible of the Confidence repofed in Ilini by the King, perfedly approved of the ;vflive Mea- fures adopted by His Majefty, and of the Ar- maments in Preparation J that the King of Pruflia would Hrenuoufly exert Himfelf to fulfil the Engagements of His Alliance with England, if the Confequences of the exifting Difpute between Great Britain and Spain Ihould render it neceifary i that His Pruflian Majefty, however, conceived it to be impofiible thatSpain fhould rifque the engaging in a War under fuch evident Difadvantages, unlefs She had fome other Motive than That allcdged by Her, and unlefs She were negotiating an Alli- ance with Ruflla and Auftria, to which Den- mark would be invited to accede j of which His Pruflian Majcfl:y fuggefted He had pofitive Proofs. 1 ': WHILE thefe important Matters were tranfading at Home, and in thofe Courts of Europe to which His Majefty had thought proper to. make particular Communications, O the II ma iii i ' ,t/ !!;l| t >°6 ] tl)e Two Mt itengers, who had been difpatched to Mr. Merry previous to His Majefty's Mef-» fage to Parliament, arrived at Madrid; the former on the 14th, the latter on the 16th of May. As Count Florida Blanca was to attend Their Catholic Majeflies the next Day, on an Excur- fion They were about to make to Toledo, Mr. Merry obtained an Interview with his Excel- lency before his Departure. The Count ap- peared nearly prepared for what Mr. Merry had to communicate to him, by the Informa- tion he had received from the Marquis del Campo. His Manner and his Language, how- ever, were much milder than ufual. When Mr. Merry began to read the Memorial, which the Duke of Leeds had inftrn' Spanifl. ieftv in J I '''^ °^ "'" Catholic Ma- C::c2XhTflraf'jf''-^^^'/ France, and tb J T . . "^ '*^""« fr°m Moti.eJc;„x\h:rfhe"c'°"°r''" of Her being at.acke'd y Ent and""^ """ France under the NcceffL f '"'^^^ P« tile Weceffity of engaging in the Mr. • ^ 11.' .; |V;Ji 4 f 120 J ?-«« of Importance T' '''°''"*^'= °f "o f<"» Lord AucfcS' 2""'"'" ^"formation to proceed with tt A """' ^'"gftergen f«z-GeraId at Pari J^ C™™ ^"'^ Robert *'°n which he perceLf'"'*"'« '^' Altera- f"Wic Opinion'^ S;°^"''"^- the *«'^en England and SpZ.'" "'' ^''P^c be- «" to be taken by Franr. ^' '^^'^'"S the JWily take Wace'beVC'G ".'' "^"^ ""- Spam; that the Modem!" f ^"'^'n ""d fp'tal. nolongerexifted K ^'"'°"' '" "-at ^°^ "ew Idea, of Cf f) t"' ^'^'^ -"ade Way ''"^<=' both of whid, ° : """""^ """^ Grati- ^-^'he Support of p;"J""7/-d. called '» N-d of Her AffiCe t"'' 'f^'" ^-'^ "«• H's LordAip did not. t >2. ] not, however, conclude from this, that War was a'Mealurc fought for or defircd j hut only that the Unanimity of Sentiment (which pre- vailed Generally, except among the Alinillers and the Major Part of the Nobility and Clergy) in Favor of Inadion, and again '^ the Family Compadl, had fuffered a confiderable Change. This his Lordfliip afcribcd to the Influence, which the Cabinet was daily gaining, in the National AlTcmbly, and to the known Senti- ments of Monf. de la Fayette, which had the greatefl: Weight with the People, and which were by no Means inimical to Minifterial Meafures. O N the Evening of the 26th of June, a MeiTenger arrived at Whitehall, with Dif- patches from Mr. Fitz-Herbert, dated at Aran- juez, the i6th of the fame Month. By thefe his Excellency acquainted the Duke of Leeds, that having reached Madrid the 9th of June, he proceeded next Day to Aranjuez, and, on the following Morning had an Inter- view, by Appointment, with Count Florida Blanca. Q^ Conceiving I ■^ ^n i! '13 . ." H ""d erpcc..,Hv wi.h . ""-^ Particular. I^emand of R J' V T'' '° "''^ P«Iiminar; "="t« of that Paper ftl f"^ ^ '° ""' <^°"- "^vay their i)] Effli /^ "'«'"« '"■'» '° do "-"-' .o eraS 'to yr?"' ''^- ^'■-- Lofs of Time fon,. °""' "'"hout ■"umcation. '' """'^ ^^'"'i^ory Com- C'ount Florida PJ. Circum/lanc'tf^!^;''''''''''^^'-'''' •''« a Comp,,-,;;, 1'; ^f^"' ^afe were fuch. •he PreiimiLr/oen" '; "A °' '''^'■" "'"' -"'Tari,, invalidate 4, a", ^"f '^ ^-'d R'g'H, She could nfLj.''""'"'''' •hat the Difcuflion of R ^ T""""" *° '"«». •-y carried on a he Ife ^ "^ "^"'"'^ '''-'d g-'age which had bee^ ^'°f''"'"g the Lan- ^°"'d be no lefs ;„ • *'''' °" '«"'> Sides) the I, 1 by the :eflarily g /hort ticular, iminary . Fitz- th the i Con- : to do Fitz- ithout Com- s the Aich, with 'ouJd orial mid a'u: an- es) lie n- Ihe at e [ 123 ] the Court of Spain ought to grant. Count Florida Blanca, however, qualified this lad Declaration, by ftating it as his own individual Opinion, and requefted Mr. Fitz-Hcrbert to deliver to him, in Writing, the Subftance of what he had then urged, for the Information of His Catholic Majefty, and his own Col- leagues in Office. This Mr. Fitz-Herbert accordingly did on the Morning of the 13th. On the fame Day his Excellency was ad- mitted to his Audiences of Introdu''' ^ '-oftile Aggreffion. and n > '°'"P''^'" °f demand the Affiftan e of p° "' ^"""'•i- '» J^ncy however thought f!""; "" ^^"J" ^^fy to afcertain the rca m-'' ^ "° ^'"'' ^°'"'ion, as it was fd , " °'"^'''» Re- f--"- that the Span A '^if J "^ "^ ^-o '■'°"% entertain any h' .'^''^ "°"W C<=- Great iiritain eitheTn °T "^^ ^^^fting f;,.„^ f eft India Poi„^ '''•f - Of any of He^ J'lve had recourfe "the R '.'' "^^ ^''"W «'S" War, in order" 0',^'"''"^"' °f '^ Fo- ^-^-ofaRevo.Jioitc"^^"''^"'-^'' i-f-ce.notthelSV^'^^^'^enpJace '"% Spirit of !,„„,, f f>'-P'om of any --ifefted itfCf i„ a„; p,,f ;7^, '"'herto ^°""f'7- On, herb J. ''« °f the former ?^'--"f.'-S; fc :'''''^'''''»''eDifpo! ^neistoJcalouryandMir, S H Britain, ig Hof- Jrfifting i would i might )l2in of ind, to Excel- Means isRe- ppofe, J Two Id fe- fiom :"Her lould Fo- ofed tof lace any rto er cy o- ly [ 125 ] truft, which conftitutes the leading Features of Count Florida Blanca's Charader, and in jconfequence of which he had perfuaded himfelf that, far from confining our Purfuits to the Fur Trade and Filheries on the North-Weft and Southern Coafts of the Continent of America, our real Objed: was to eftablifh in the Firft In- ftance a diredt Commercial Intercourfe with the Spanifli Colonies, and finally to feparate them entirely from the Dominion of the Mother Country. This Sort of Language bad, for fome Time paft, been publicly held by Count Florida Blanca himfelf; and, he alfo had faid, that, being confident that what- ever Conceflions might be made by Spain under fuch Circumftances, they would ferve only for Great Britain to take Poft upon, as it were, in order to lay Claim to fomething more, he had judged it to be fafer, as well as more honorable, to make a vigorous Stand in the ^rft Inftance. Mr. Fitz-Herbert informed His Majefty's Minifters, that Mefi^engers were continually pafling between Aranjuez and Paris; though the Difpofitionc of the latter Court, in regard (Q the Bufinefs in Queftion, were little known. 1% ■I 1. ifl ': i ! ?. ! r 126 j Effea which he h"d ?"'; ^'^"^^ '° 'he 'he latter expre/Ted .rle D'^ /"' ""'' '^^ Contents of this r Z ^''^'"'^'^•01 n the C'"^ on whi h it " / °'""^'"^' "'^ the --ecu, ,„/4- ^-ned .ere entire,, >^' Count Flond'i";/^"" °' ^'^-- Alliance as a Refou « „ '™« ">« French «»'« Coniidencrr;;;."'^;^'' '^^ P'-d *">•«. and as it dIH ^^ '"* Ccriu, ,. Negotiations at St. pll 'T" '^'' "'» ^"'^ likely to end .^'^y^ ^nd Vienna ^«-en sU "J^^^'o--- Connexion Hubert was inclinedTf ,;,,""'' ^'■- ^itz- -ipal Relianc. w s ' ° u'"" V^""'^ P""" >^-enca„ States, .which p'^'^'fr "' '''^ made fome Advances ,1 u^" ^' ^'^ '"'^ly •-^ lecifive in engjil't "''°"^''' -"'^ -''h Spain in the'^f f„t Co , '^ '"'' ^^« Mr. Fitz-Herbert X ? ''^- ^" ^^^. J'^^^.^a'A^.^aUSrVc'-^r" "'as greatly careffed at Court a P''™'^''^^!. -ailed hi^relf of the p^ftnT"^'' "'^""r '" "--'"S- f-n. the Ipan-;' J^^f f Liquidation ir IJ ntmoriit to the • Fitz- nd that » at the hat the ntireJy as the <^vice. 'rench placed ?u > his ienna 5«on ^'tz- rin- the tdy uJd 'art idt, 'an e, le Liquidation of a Number of Private Claims the Payment of which he had before folicited without the fmallefl Chance of Succefs. This Gentleman's Private Opinion, however, appeared to be, that Count Florida Blanca's American Negotiation would not be attended with Succefs. ^ On the Third Day after the Receipt of this interefting Intelligence, a Me/Tenger arrived at Whitehall with another Difpatch from Mr. Fitz-Herbert, dated at Aranjuez, the loth of June. ' In this was contained Count Florida Blanca's Anfwer to the Letter which Mr. Fitz-Herbert lenttohimonthei3thInftant. The Count by this difputed the Principles tht r^r.^^ ^'' ^^^-H^rbert, and infiLd tha the Detention of the VelTels in Queftion took Place in a Port-on a Coait-oriTaB" of Spanish America, the Commerce and Navi- gation of which belonged Exclufively to That Crown by Treaties made with All Nations particularly with England. He alfo infZ that Mr. Fitz^Herberfs Principles could not apply to a Cafe like the prefent, where the VeiTel (', ;i 1 f [ 1^8 ] Veflel which was detained endeavoured to form an Eftablifhment, and to make itfelf Mafter of a Port already pojfcjfcd by Another Nation ; the Spanifh Commander having fuch Pojj'cffion at Nootka, and the Englijh Aggrejfor not giving Way to his Amicable Reprefentations for De- fifting from or Sufpending his Enterprize. The Count denied that the VeiTels fo de- tained were as yet proved to have been navi- gated* with the Licence and under the Flag of Great Britain, although the VefTels themfelves and fome Individuals on Board of them might have been Englilh ; as there was Reafon to believe they had entered the Port of Nootka with Portugueze Paflports, given by the Go- vernor of Macao, merel} as Trading Veflels, and not belonging to the Royal Marine : That be- fides, the VefTels, with their Crews and Cargoes (or the Value of the latter) having beep reftored, or being about to be reflored, in confequence of the Refolution taken by the Vice-Roy of Mexico, and approved, for the Sake of Peace* by His Catholic Majelly, every Thing wa3 reftored to it's original State ; nothing being wanting but the Indemnification of the Parties aggrieved, and the Satisfadlion for the Injury ; which •ed to form elf Mafler ;r Nation ; h Poffejion not giving ns for De- •prize. fels fo de- been navi- he Flag of themfelves lem might Reafon to of Nootka >y the Go- eflels, and That be- d Cargoes 1 reflored, nfequence :e-Roy of of Peace, hing was ing being le Parties e Injury ; which [ 129 ] which fliould alfo be fettled, as foon as the Circumftance of fuch an Injury having been committed fhould be afcertained, which hither- to had not been done. Notwithftanding this however, the Count added, that,- in order to avoid a Difpute about Words, which might involve Two friendly Nations in an unfortunate War, he was or- dered by the King to fay, that His Catholic Majefty would make the Declaration propofed by Mr. Fitz-Herbert, and would offer His Britannic Majefty a jufl and fuitable Satisfac- tion for the Injury offered to the Honor of His Flag J provided that, to thefe words. One of the following Explanations were fubjoined, viz. I mo. " L'on ofFrira une telle Satisfaction, rinjure et la Satisfaction meme etant efti- niees et califices, dans la Subftance et dajos la Forme, par un Arbitre, lequel fera uii des Rois de I'Europe ; dont le Roi mon Maitre laiffe I'Eledtion, en entier, a Sa Majefte Britannique : Car il fuffit a la Juf- tice inalterable du Monarque Efpagnol, qu'il y ait une Tete Couronnee, qui, bien informee des Faits, en decide comme Elle le trouvera jufte." R 2do. (C << it tt it tt tt tt tt tt i H if III I; ., r ■ :1 a .■ !P >i •.I ;■ ( I I I t 130 1 sdo. " L'on ofFrira la Satisfaed.asit::i;:;:;,,!j«f^^^«^^^^ Ground on which ,K """"''''''«''. remove the -as origi„a«!rai : T'"''' °' S^-^^ion ^-itlase^dT: CXrc^-^^edupon. that i Quedion of His Majcfty adion muft le Court of an Adual, reignty and 1 jufli fy de- ns, in order Courfe of on of efta- le Stipula- il Rights of ffion could fter the Sa* le Court of ka was, at edicament fuch Proof ifa(ftion is move the tisfadion :edupon, mftances •n, even it, as Jgations, that iH B [ 135 1 that no fuch Proof could be adduced ; and therefore the Satisfadion was infiftcd upon. The Duke of Leeds added, that any other Grounds of Claim, founded on any Thing (hort of fuch an Adtual, Known and Efta- bliihed PofTeiTion of Sovereignty and Jurifdic- tion as before defcribed, would be ftill open to Difcufllon, and would in no Degree be pre- cluded by the Satisfadtion. That all the Grounds referred to in the Anfvver delivered by Count Florida Blanca, or in the Paper de- livered by the Marquis del Campo, appeared to fall under this Defcription : That therefore there could be no Objedlion to Mr. Fitz-Her- bert's ftating thefe Notions as exprefsly and diftindly as pofTible, either in Converfation or in Writing, to the Spanirti Minifter : That it was to be wiflied that, after fuch an Expla- nation, the Spaniih Court might be induced to give the Satisfadion demanded, without in- ferting in the Declaration for that Purpofc any Words of Reference to the Claims to be afterwards brought forward, on the Principles before ftated, in the fubfequent Negotiation. Mr. Fitz-Herbert, however, was informed, that, if he fliould find the Spanifh Court could not be induced to make the Declaration re- quired i'ir [ '36 ] quired without fome Words Exprefsly Re- serving the Future DifcufTion of their Claims* His Majefty, from a Defire to go as far as far as pofTible towards an Accommodation, would not objedl to Words being added for this Purpofe, provided they were fuch as were confident with the before-mentioned Ideasi and not in any Degree implying, that the Claims rcferved could affedl the Ground on which the Satisfadlion was given. A De- claration and Counter-Declaration, drawn up on this Principle, were inclofed to his Excel- lency, both of which will be given at Length at the Conclufion of the Detail r " this Dif- patch. Mr. Fitz-Herbert was further informed, that His Majefty had been induced to authorize him, in cafe the Satisfadtion could not be otherwife obtained, to propofe exchanging the Declarations in this Form, as approaching, in fome Degree, to one Part of the Third Expe- dient ftated by Count Florida Blanca in his Letter of the i8th of June, and which was the only Part of what was there propofed which was confidered as being in any Refped: admiffible : That the Expreflions were how- ever irefsly Re- eir ClaimS) 3 as far as nmodation, added for ich as were incd Ideas, , that the urround on I. A De- drawn up his Excel- at Length "* this DiA informed, authorize not be nging the tching, in rd Expe- ca in his lich was propofed J RefpecS re how- ever ever different from thofe propofed by Count Florida Blanca Propofal J bccaufe the Beginning of his 1 hird the General Exprcflion, ** Aux Droits qui Lui appartiennent dans ccs Affaires/' might go beyond the Principles explained in this Difpatch, and might be fup- pofed to rcfcrve the Difculfion of the Grounds on which the Satisfaction was required. The Duke of Leeds further ftated, that the latter Part of Count Florida Blanca's Propofal, relative to a Right to claim Reciprocal Satif- fa(ftion, was Wholly InadmifTible ; it being impoflible for His Majefly to admit, as a Qualification of the Satisfadion to which He was clearly intitled, a Claufe which appeared Inconfiftent with the very Principles on which the Satisfadion was demanded : That, at the fame Time, there could be no Difficulty in his Excellency's flating to the Spanifh Minifter the Ground on which this was obje(5led to, and, at the fame Time, aiTuring him tliere never could be a Doubt but that, whenever any Cafe fliould arifc, of a Nature fimilar to that on which His Majefty's Claim of Satif- fa(ftion was made. His Majefty's Juftice would not rcfufe to the Court of Spain, or to any S other mmmm 11-':' II ^1 U ''i ' ii t i '1 , M [ '38 ] Other Power, a Satisfadlion fimilar to That nov/ demanded by Him. With regard to the Firft and Second of the Propofals made by Count Florida Blanca, Mr. Fitz- Herbert was informed, they were fuch as could not bf. adopted ; the Idea of an Arbi- vration, on a Subjed: of this Nature, being entirely out of the Queftion ; and as a Refer - vation, fuch as That contained in the Second Propolal, would render the Satisfaction nuga- tory, as it would refer to Subfequent Difcuf- fion the very Gounds on which that Satisiac- m tio'i was demanded. The following is the Memorial contained in the preceding Difpatch. The Paper tranfmitted by Count Florida Blanca to Mr. Merrry, in Anfwer to the Re- prefentation made by that Minifler, in His Majefty's Name, having been laid before the King, the Underfigned (&c. &c. &c.) is di- red.ed to Reprefent to the Court of Madrid, that His Majefty has feen with Concern, that the Paper in Queftion does not offer That Satisfaction which His Majefty had demanded, and which He hud fo juft a Title to expedt. Neither lat nov/ I of the ca, Mr. fuch as I Arbi- , being '. Refer - Second 1 nuga- Difcuf- atisfac- ntained Florida le Re- in His )re the is di- Tadrid, that That anded, Feithev [ 139 ] Neither does That Paper contain any jufl: or fuflicient Ground for delaying a Compliance with I'hiU Demand, or for Referring it to Subfi;quent Negotiation. Whatever the Pre- tenfions may be, which Spain may think Her- felf juftified to advance with refpedt to Nootka Sound, founded either on an Alledged Prior Difcovery, or on the Application of the Ge- neral Words of Former Treaties to that par- ticular Place, it is clear that She had not fuch an Eftablifhcd Poffeflion and Acknowledged Dominion there, as could alone juftify the Seizure of the Britifh Veflels. A Right to proceed in that Manner, in the Firfl: Inftance, could, according to the Law of Nations, re- fult only from a Right of Territory, mani- feflcd by Open Pofleffion, and by the Adtual Exercife of His Catholic Majefty's Authority and Laws therein; and This confirmed by an Exprels or Tacit Acknowledgement of other Nations. That no fuch Eftabllfhed PpfTefTion or Ju- rlfdidion exiftcd at Nootka, at the Time when the Tranfadtion in Queitfoa took Place, is rnanifeft, both becaufe His Majefty's Subjedls, and thofe of Other Nations, had, for fevera^ Years previous to that Time, frequented that S 2 Place, ,1: Mi \m^ :i! Mff i I I t 1 I ! I I [ 140 ] ?7ace, and carried on an uninterrupted Com- hierce with the Natives : and becaufe the State* ment, given of this Affair by the Court of Spain iifelf, proves, that it was not till a few Days before the Capture that the Spaniards attempted to make a Settlement there. Under thefe Circumftances, the Pretenfions of Spain, of whatever Nature they might be, ought evidently to have been the Subjedt of Amicable Reprefentation, in the firft Inftance, and can, in no Degree, aJord a Juftification for an A<3: of Violence, like that of which Jiis Majeily now complains. The Honor of His Majcfty's Crown makes it ncceflary therefore that This Ad: fhould be Immediately and Compleatly done away, be- fore Any Negotiation can take Place, with a View to a Future Adjuftment of the Claims and Interefts of the Two Nations in that Part of the World. This cannot be confidered to have been cffcdled by the Reftitution of the VeiTels ftated to have been ordered by the Vice-Roy of Mexico ; becaufe it appears that fuch Reflitution has been only Conditional, and unaccompanied by Sufficient Indemni- cation to the Parties injured; and becaufe This Ad; includes No Reparation on the Part of I ! i i :;\ 1! 'ted Com- the State- Court of till a few Spaniards re, 'retenfions might be. Jubjedt of t Inftance, iftification of which wn makes (hould be iway, be- with a le Claims hat Part idered to m of the by the •ears that ditional, ndemni- becaufe the Part of [ HI ] of the Court of Spain, for the Infult offered to the British Flag by the Seizure and Deten- tion of Britifh VeiTels, His Majeily therefore finds Himfelf obliged to renew, in the moft Diredl and Unequivocal Terms, His Claim for That Satisfaction which He has already demanded, and which can no longer be delayed, without producing Thofe Confequences which His Majefty is fmcerely defirous to avoid. When His Majefty's juft Expedtations in this Refpedt fhall be fatisfied, the Under- iigned is prepared, as he has already informed Count Florida Blanca, to enter into fuch an Amicable Negotiation on the Subject of the Refpedive Rights and Interefts of Great Bri- tain and Spain, with refpedl to Territory, Isiavigation, Commerce and Fisheries in that Part of the World, a ay tend to prevent all Difputes between the Subjedls of the Two Crowns, in the fame Manner as His Majeily would have done, if Spain had proceeded, in the firfl: Inftance, in the Way of Ami* able Reprefcntation, inftead of having Retourfe to Unjuftifiable A<3:s of Violence. The 1 1 1 1' :ii \r4 il ■! ^ i| I* i I ' IL' [ H2 ] The following nre the Drafts of the Decla- ration and Counter-Declaration inclofed in the foregoing Difpatch to Mr. Fitz-Herbert. DECLARATION, to be delivered by Count Florida Blanca. HIS Britannic Majefty having compb'ined of the Capture of certain Britifh Vcllels at Nootka Sound, on the North -Wei I. Coaf^ of America, by an Ofiicer of the King of Spain, the Underfign^d (6cc. &c. &c.) has been authorized by His Catholic Majefty to Declare, and Declares, that His Catholic Majefly is willing to make Satisflidion to His Britannic Majefly for the Injury of which he has com- plained ; and His Catholic Majefly engages to make Full Reftitution of fuch Britifh VefTels as were captured at Nootka, and to Indemnify the Owners for the Lofies which They have fuftained, as foon as the Amount of the faid LofTes fhall have bsen afcertained. It bcins: undcrfi.ood that this Declaration lliall not precl'ide or prejiuiire the future Dil- cuiiion of any Claims, which His Catholic Majeity may make to forin an Exclufive Efla- blilhmcnt at Nootka Sound, COUNTER^ le Decla- ftd in the )ert. O N, Blanca. mpl:'incd /"e lie Is at Coaf> of ^f Spain, las been Declare, raj e fly is Britannic las com- gages to 1 VefTels emnify ey have Ithe faid [aration re Dif- itholic Eila^ ■^$. [ 143 ] COUNTER-DECLAR/TION, to be delivered by Mr. Fitz-Hcrbert. HIS Catholic I^Iajcfiy having declared His Willingnefs to mi kc SatisfaClion for the In- jury done to His i^ritannick Majefly by the Capture of certain Eritifli VefTels at Nootka, and the Count Florida Blanca having, in His Catholic xMajcfly's Name, figned a Declaration to this Effc(^1:, engaging alfo that His Catholic Majefly will make full Reftitution of tlie Vef- fels fo captured, and will alfo indemnify the Parties concerned for the Lofs they have fuf- tained in confequence of the faid Capture, the Undcriigned (&c. Sec. Sec.) in the Name of His Britannic Majclly, and by virtue of the Exprefs Authority given him for that Purpofe, accepts the faid Declaration, and declares that His Britannic Majefly will confider the fiid Declaration, together with the Performance of the Engagements contained therein, as a Full Satisflidiion for the Injury of which His Majefly has complained. The Underfigned declares at the fame Time, that it is to be underflood that Nothing in the faid Declaration figned by Count Florida Blanca, t H4 ] Blanca, nor the Acceptance thereof in the Name of His Britannick Majefty, fhall pre- clude or prejudice the Claims of His Britannic Majefly to any Eftablifliment formed or to be formed at Nootka Sounds IN a feparate Difpatch which accompanied the preceeding, Notice was taken of the Pro- pofal made by the Court of Spain for a Mutual Agreement to difarm during the Negotiation. The Puke of Leeds ftated that the Reafons he had given in his other Difpatch of this Date were fufficient to (hew the Impoflibility of His Majefty's difcontinuing His Armaments in the prefent State of the Bufmefs. That as, fliould the Court of Spain Ultimately a^ree to grant the Satisfad:ion required, it was probable that the fame Idea of difarming would be brought forward by them, as a proper Preli- minary to the fubfequent Negotiation. Mr. Fitz-Herbert was inftruded to be particularly careful not to give the fmalleft Encouragement to this Idea, as His Majefty could not confent to difcontinue His Preparations, 'till He fliould have fccured, by fufficient Stipulations, the Freedom of Navigation, Commerce and Fifli- eries for His Subjeds, in conformity to the Principles H' \ t H5 ] t*rlnclples explained to his Excellency in a former Difpatch. As this Propofal for Difarming was repre- fented by Spain as having been originally made by Mr. Merry, in a Private Letter to Count Florida Blanca of the i6th of May, Mr. Fitz- Herbert v^^as defired to obferve, that Mr. Merry did not, even in that Private Letter, make any Diredl Propofal of that Nature ; and that there was not the fmalleft Ground for ftating, that any fuch Off-r had been made on the Part of this Court. The Duke a^^ded, that he parti- cularly mentioned this Circumftance, in order to prevent the Poilibility of Miftake, on a Point of fo much Importance, From the Time the Meflenger was difpatchcd with thefe Papers, to the Moment of his Re- turn, a Period of Sufpence intervened ; during which the feveral Letters received from Mr. Fitz-Herbert contributed only to increafc the Uncertainty of the Spanilh Determination, which his preceding Difpatches had occa- fioned. In the Firft of thefe, dated at Aranjuez tlie 24th of June, his Excellency informed the T Duke ' < [ 146 ] Duke of Leeds, that, though Count Floridd Blanca was fo far recovered, as to be able to tranfa(ft Bufinefs with the King, and was ex- pected immediately to refume the Duties of his Office, his Excellency had had no Oppor- tunity of converiing with him on Bufinefs j and that he feemed refolved not to enter into any farther Explanation, till he (hould be ap- prized of the Sentiments of His Majefty's Miniflers on his Memorial of the 4th In- flant. I !l !; I I J n ' With refpeft to the Ovierture which Count Florida Blanca might have conveyed to the American States, Mr. Fitz-Herbert had not been able to learn any Thing pofitive. He was, however, confident, that no Communi- cations from the latter had ever been received by the Spanifh Court, indicative of a Difpo- iition on their Part to enter into Terms of Good Underflanding with Spain, either with regard to it's prefent Difcuflion with Great Britain, or on any other Subje(5t. On the Contrary, he was afTured they had repeatedly manifefled, toward the Court of Madrid, the moft marked Symptoms of Coldnefs and Ill- will; and particularly when, in the Year 1787^ Count ount Floridd be able to ind was ex- le Duties of 1 no Oppor- n Bufinefs ; 3 enter into ould be ap- s Majefty's he 4th In- hich Count yed to the Tt had not fitive. He Communi- n received a Difpo- Terms of ither with ^ith Great On the repeatedly adrid, the and Ill- ear lySy, Count [ 147 1 Count Florida Blanca, defirous of making Common Caufe with France in the War which then feemed to be depending, tranfmitted to the American States a Df-eth of June, nt all mcn- rhey talked 3r Arrange- in order to Mifunder- • On this 'A that he » which he Views and 'h he pro- coniiden- Madrid, ays. His that the rthagena, at Ma- iu(ft they Britim hovering he Pur- oitring ; ication, ftrideft H other mfelves eluding thofe -f [ 149 ] thofe in Queftion, with the fame Degree of Civility and Attention as in Times of pro- found Peace : And Count Florida Blanca alfo declared, that it was the Determination of his Court, not to grant Convoys for the prefent to the Spanifh Merchantmen. From what pafTcd at this Meeting, Mr. Fitz-Herbert was fatisfied that Count Florida Blanca's Language and Manner were in reality (from whatever Caufe) far more Temperate and Conciliating than at the former Meeting ; and from this Circumftance, joined to that of his having adually prepared the Plan of an Ulterior Arrangement, he was almofl inclined to hope that he might have fecretly refolved to give Way on the Point of Satisfaction ; although it was evidently impoflible to draw any further Explanation from him on that Head, 'till the Arrival from England of the Anfwer to his Memorial of the 14th of June, which was daily expeded. Although this Account feemed to carry an Appearance favorable to the depending Nego- tiation, that pleafing Profpedt was a good deal darkened by the next Letter received from our Ambaflador '/--^ •• ,"111 . k I 150 J Amba/Tador at MaHrwi ^ . j , >" which he bfoieht n ^ f "'^"'y' Orders had been S fo i" r H "T'^ *"« *o put to Sea at fh n! n ^''^ Squadron " Lift ofZsot.T'^^°''"- =>"" 'hat - Madrid und^h 's It::/? """""^ As this was a SteD ,„", "'"'"■"'"'"'• »he Natural Retve 'IVr '^' ^'"'^ «° '■ny Thing, exceo? h '° '""''"" " Count Fiorfd'a S / to "r ™^ ^""'"^ °^ "«'' 'he Public at la:;:,;: zr "^t''*"" '"S Crifis An^ I Moment of alarm- Opinio: b, /„ ':• 7 -«™^'l in this f-eS,ftem, hety ffCt ■"^"^ " "-^ with the utmoft f.LZ:t ^''"'""■"■■-^t^ fence, with manv PrSaf; t" '"' ''°"'^- °n the Subjea of he M r ' '' ^'"'"''' 0-« Britail and of thf l! r ''"'''' ^^ to them. By fuch Ar, fi "' "'''^'> ^^d -ation of J Numtr 0^;;,?"" 'j ''' '^- ">ed Reprefentations of the BrV:. n^^^^'^' the P„blic in general r ^^^""* Demands. -onciled .o'thePr;r;''°^^fr'^'^^'' Wcred there Hoftile A ''^°"' ^°"- e Hoa,le Appearances as merely a PoJittcaJ 5th of July J f Leeds that liz Squadron ce, and that liameots, in ft publifhed Government, ififtent with ni/h Court, attribute it Anxiety of Confidence t of alarm- 'ed in this ibly to the imunirntp^ and Confi- at Madrid, lopted by which led ' the Cir- Exagge- ^epiands, ■etty well Rupture ; IS con- tterely a political '-^ [ 15' ] Pttlitlcal Refinement, calculated to conceal the Minifter's Inter tion of complying Ultimately with HisMajefty's Demand, rather than hazard the Confequence of a Rupture. While Mr. Fitz-Herbert was thus in a State of Sufpence as to the real Intentions of the Spanilh Court, Count Florida Blanca, on the 9th of July, thought proper to fend him a Letter ; in which he informed him, that the King of Spain, having received pofitive News of the Englifh Fleet having failed from Portf- mouth on the 28th or 29th of June with a conTiderable number of Ships and Frigates, His Catholic Majefty had ordered His Fleet to go out like wife, with cxprefs Injunctions how- ever, not to commit the leaft Hoftility, unlefs it fhould be attacked. This Occurrence the Catholic King had direded His Minifter to communicate to Mr. Fitz-Herbert, as an Evi- dence of His well known good Faith j with an Alfurance, that there would be no Alteration in His Defire to terminate immediately the ex- ifting Difputes by Means of an amicable Ne- gotiation; for which Purpofe Count Florida JBlanca delired to fee Mr. Fitz-Herbert the next Day at his Office, when he promifed to mention li;'; h'ii k i:^ il : m I ' 1 I i : I. '"'i ii:;- [ 152 ] mention to him all the King of Spain's Inten- tions in regard to the Mods of fpeedily finilli- ing the Negotiation. In coiifequciiCe of this Invitation, Mr. Fitz- Herbert had an Interview vvich the Spanifli Minifter on the loth, when the Count opened to hi.n his Ideas refpedling an Arrangement of the feverai Objsdts in Litigation j and con- fided to hini a Paper of loofe Notes, in his own Hand-Writing, from which he extracted the following Outline of his Plan. I mo. That Spain fhould retain the Exclufive PolTeflion of the Whole Coafl of North-Weft America, from California up to, and including, the Port of Nootka. 2do. That, from Nootka, to Latitude 61 North, which is flated as the Limit of the Spaniih Difcovery in that Quarter, the Sub- jeds of Great Britain fiiould enjoy, in common "with Spain, the Right of Trading and forming Eftablilhments ; but that, from Latitude 56 downv/ards, this. Right fhould not extend be- yond a certain Number of Leagues Inland, in order to avoid Interference with the Spanifh Miflion. 3tio. i i itz- [ ^S3 ] 3tlo. That the Subjeds of Great Britain fhall enjoy the Right of Fiflling in the South Sea and Magellanic Region, together with that of Landing, andEredling Occafion.il Buildings, in fuch Unfettled Iflands or Parts of the Coaft, as (hould be agreed upon : but that they (liould not land, or even approach, within a certain Diflance of any Spanifh Settlement. 4to. That, as by Means of fuch an Ar- rangement, the Two Crowns would avoid all DifcufTion of the Refpcctive Rights," they Ihould alfo agree to waive their Mutual De- mand of Satisfaction ; in which Cafe, Spain would confent to pay to the Proprietors of the Ships taken at Nootka the full Amount of their Lofs. On thefe Propofals Mr. Fitz-Heibert re- marked, that though, in their prefent State, theyj without Doubt, were abfolutely Inad- milfible, he was not altogether without Hope that they might be finally modifieJ, fo as to meet the Idea of His Majefly's Miniflers, as fi:ated in the Duke of Leeds's Difpatch of the i6th of Augull. U Mr. 3tio, I.'')l' --^frf/ { f [ '54 ] . ^'- Fitz-Herbert, i„ the fame Difo^tch which Two Ship, of hn" ""'T'"" of g»tes had recentiy been H r t '-. "'"' ^"• for .hat Place 1„ , u ^ ^''"''''' ^'°'^ Cadiz of Naple.. aSali'vt GaT;? ''^ ^^^'™^'" -ould conflituee a Force 2°" .'' '" J"^"' Hundred Men. '''°'" ^'f^^n teed{.„;rL'rSe:f^„r^°f '"■" that, as theAnfwer of the -" ^0"'"^ to the Men^oria. contained „ hi D r 'r the 5th Inftant was everv n," ^"'"^ °^ ^vould be fufficient f ? ^ ""P'^'^' '' InadmMble; as the S,^ r ^ ''' ^'^"" '^"^ « Nootka muft t J '!'^*?" ^or the Inf.U r> • "^ obtained before t^^ .l I'o.n.s could come into Difcumon . u" the Subftance of the Propofa tfelf 1 '" P^^red to be fnadmiffible as ILrl rr^° "P" --.ements. On tha't 1^1; 1^;:;- his [ 155 ] his Grace delired Mr. Fitz-Herbert to be par- ticularly careful not to enter into any Mini- fterial Negotiation, 'till the Point of Satis- fadion fhould be fettled. Should that be done, and fhould a Negotiation commence, His Ex- cellency was then diredted to adt in Confor- mity with the Inftrudtions he had already received. It was not 'till the 5th of Auguft, that the State of Sufpence, in which His Majefty's Minifters, as well as the Public at large, had remained fince the Departure of the Meflenger on the 5th of July, was terminated by the Return of that MefTenger to Whitehall. The Difpatches of which he was the Bearer were dated at Madrid on the 25th of July. In thefe Mr. Fitz-Herbert communicated to His Majefty's Minifters the plealing and important Intelligence of his having inter- changed with Count Florida Blanca, on the preceding Night, the following Declaration and Counter-Declaration, which he trufted would be found to agree, in all elTential Par- ticulars, with the Projets and Inftrudions tranfmitted to him on the 5th of July. DECLARATION. m ilH Q :1V t I 1 '1: ■1 ) if I J 1 fel, '(I [ 156 ] DECLARATION. S A Majede Britannique s'etant plainte de la Capture de certains Vaiireaux appartenants k Ses Sujets, faite dans la Baye de Nootka, fitu^e fur la Cote du Nord-Oueft de 1 Ameriquc, par un Oiiicier au Service du Roi ; le fous-figne, Confeiller et Premier Secretaire d'Etat de Sa Majefte, etant a ce duement autorifc, declare, au Nom et par Ordre de Sa dite Majefte, qu'Elle eft difpofee a donner Satisfaction a Sa Majelle Britannique pour I'lnjure dont Elle s'efl plainte j bien affuree que Sa dite Majefte Britannique en uferoit de meme a I'egard du Roi, dans de pareilles Circonftances : Et Sa Majefte s'engage en outre de faire Reftitution entiere de tous Ics Vaiffeaux Britanniques qui furent captures a Nootka, et d'indemnifer les parties interefTees dans ces VailVeaux des Pertes qu'Elles auront elluyees auffitot que le Mon-t ;r.iit en aura pu etre eftime. Bien entendu, que cette Declaration no pourra point exclure, ni prejudicicr, a la Dif- cuflion uiterieure des Droits que Sa Majefte pourr.: pretendre a h Formation d'un Etablifle-* jpeut exclulif ai; Port de Nootka. En LI If s^ [ ^n ] r. ainte dc '' ?wBi enants \ a, litu^e pe, par is-figne, at de Sa v;'^ declare. Majefte, on a Sa nt Elle Majefte gard dii Et Sa ^ Ktution ues qui tiifer les s Pertes ".'W J Men, iSE i^H on ne Ja Dif- '^^» V^ajefte iblifte^ Ea in En Fol de quoi, j'ai figne cette Declaration, et y appole le Cachet de mes Armes, A Madrid, ce 24 Juillet, 1790. ( L. S. ) Le Comte de Florida Blanca, CONTRE-DECLARATION.' SA Majefte Catholique ayant declare qu'ElIe ctoit difpofce a donner Satisfadion pour I'lnjure faite au Roi, par la Capture de certains Vaif- feaux appartenants a Ses Sujets a la Baye de Nootka, et Monfteur le Comte de Florida Blanca ayant figne, au Nom et par Ordre de Sa Majefte Catholique une Declaration a cet EfFet J et par laquelle Sa dite Majefte s'engage pareillement a faire Reftitution Entiere des Vaifleaux ainfi captures, et d'indemnifer les Parties intereftees dans ces Vaifleaux des Pertes qu'elles auront eftuyees ; le fous-figne Am- baftadeur Extraordinaire et Plenipotentiaire de Sa Majefte pres le Roi Catholique e*^ant a ce duenient et expreflenient autorifc, accepte la dite Declaration au Nom du Roi, et declare que Sa Majefte regardera cctte Declaration, avec TAccompliftement des Engagemens qu'Elle renferme, comme une Satisfa(Stion pleine et entiere il.4 ■}if ! I ! : is [ «58 ] cntiere dc I'lnjure dont Sa Majefle s'eft plainte. Lc Sous-figne declare, en meme Terns, qu'il doit etre entendu, que ni la dite Decla- ration fignee par Monlieur le Comte de Florida Blanca ni I'Acceptation que le Sous- figne vient d'en faire au Norn du Roi, ne doit exclure ni prejudicier en rien aux Droits que Sa Majefle pourra pretendre a Tout Eta^ blillement que Ses Sujets pourroient avoir forme, ou voudroient former a I'avenir, a U dite Baye de Nootka. En Foi de quoi, j'ai figne cette Contre-De- claration, et y ai appofe le Cachet de mes Armcs. A Madrid le 24 Juillet, 1790, ( L. S. ) ^//eyne Fitz Herbert. ■f (t •I ,1 - 3 ; ;i If- ^i i< n THAT Mr. Fitz-Herbert had confiderablc difficulties to encounter before he was able to carry this Point may reafonably be fuppofed. It was not a fmall one to prevail on the Court of Spain to come at all into a Meafure fo re- pugnant to its known Haughtinefs j and even after that Step was carried, the Mode of giving this Satisfadlion occafioned fo much Difficulty, 1. ■-. t '59 1 ahd Count Florida Blanca infifted with fo much Warmth and Pertinacity upon the Alterations he fuggefted in the Wording of the Declaration fent from England, and particularly upon Expunging the Important Word ** Injure/ both from the Declaration and Counter Decla- ration, that, for fome Days preceding his lafl Interview with that Minifter, Mr. Fitz-Her- bert confidered the Negotiation as almoft en- tirely defperate. As it would have retarded the Departure of his Meflenger to have en- tered into a Detail of thefe Circumilances, Mr. Fitz-Herbert deferred 'till another Op- portunity the laying before the Duke of Leeds a Report of his Conferences with Count Flo- rida Blanca previous to the Signature of the Declaration. It indeed appears from a Copy of the Counter-Projet which was delivered by Count Florida Blanca, that he muft have had a difficult Tafk to bring that Minifter to the Point which he at laft carried. In that Inftrument, the Count fubftituted for the Words " I'Injure dont Elle s'eft plainte," the fofter Expreflion of " la fufdite Capture j" the Words " bien afluree de la Reciprocite du cote ** de Sa dite Majefte Britannique," inftead of ** bien afluree que Sa dite Majefte Britannique (( en I r I r 160 1 Mo deduced ,hrr,r '^""^ '"" ^°y-" H« Ws f J ,; ;".;^""'«f - of the Suf. ; fi elle „.a pas encore euleu." V'"^' fion which, as has alreadj bee„ ft ?/"''"'"- not be adopted in pn r / ^*^''' '^ould ture, as well frlTh 1™"'"' °^ '^'^ Na- iirous of omitting i„ ,k ""' ''^° 'l^- ofC,ain,,thet%afw::d%^^'"--- and of leaving th. % Formation," •o an Ex If ESr " "'"""^ '■°'^'/ Aaually exifted an Ih "'' "^'^'' '''"' "" - great IVleafu're hf '"°" ^'''^'^ '^°"W. •niffion of thai p:« itnowftand; cto/ 7 ?' ''^ '^"'-" in the Count :C£oT*'^^^''^'^«'°" ««ion of that Pre „f ' ' '^ " '''" ^-- 'hat an EftabIift,;::f\VK " ^''"''^- Nootka by His mSv's sl- r" '"""^"^ « ni'^ Minifter alfo pZfed ti'ln' ""'^ '''^- ^'----'--rworXtrL^^^^^ S-; [ «6. ] pcrfedlly inadmiffible, were undoubtedly in- fifted upon very ftrongly on the Part of Spain ; ** Ni fervir d'Exemple pour les autres Do- ** maines des Indes Efpagnoles, felon la Pof- " feffion, les Limites, et les Droits reconnus •* dans les Traites avec toutes les Nations, et ** nommcment avec la Grande Bretagne.** During the Pendency of this Negotiation refpedting this Terms of the Declaration, Count Florida Blanca delivered to Mr. Fitz-r Herbert a frefh Paper in his own Handwriting, on the Subjedt of the Adjuftment of the other Objcdts in Litigation between the Two Courts, which his Excellency thought it his Duty to return to the Spanifti Minifter, on the fame Ground he had returned his former Propofal, namely, it's Inadmiflibility. By this Paper it was ftated, that the Prin-» cipal Points of the Fur Trade on the Northern Coafts of the Pacific Ocean, and of the Fifliery on the Southern and Northern Coafls of both Seas, might be agreed upon without difcuffing or difputing the Rights of Spain, by that Na- tion granting to England the Liberty of Tra- ding from the Latitude of 50 to the North, with a Power of forming Eftablifhments within X thofe i ' r*' I ! I k I' , I' ; l [ j62 ] thofe Limits, provided they did not defcend to the Coaft of C lifornia, in Latitude 49 and fome Minutes, where the Port of Nootka is fituated, as thit Port would form the Dividing Point on the Sea Side of the Spani(h Dominion. That the EngliHi, however, fliould not, on Pretence of Trade, penetrate into the Country, either by Land, by Rivers, or by Arms of the Sea, beyond Ten, Twelve or Twenty Leagues. That the Ufe of the Fifhery to the Southward might alfo be granted, on Condition that it be not carried on from the Straits of Magellan Northward, except at a great Diftance, not lefs than Two 1 grees, from the Coaft. That, from the Straits of Magellan to Cape Horn, the Fifliery, and the Ufe of the Beaches and Bays for the Purpofes of the Fifliery, might be permitted, provided no Permanent Efla- blilliments \ycre formed, and that Power be given to dedroy thofe which may be made, as is praftifed in the Malouine Iflands. That the Convention might be reduced to a Detailed Explanation of the Places and Points where this PcnniiTion might take place; with a Sa- ying of the Plights of Spain, and the Addition of feme Precautions to prevent the Filhing Yeflels from carrying Merchandize, from fi^f-? picious : u 1 » \ u [ >6j ] picious Armaments, and from conveying Sup* plies of Arms and Ammunition. Count Florida Blanca took the Rejedion of this Paper in good Part, and promifed to re- confider the Subje(5l, and to communicate his Ideas upon it in a Shape which he hoped would appear lefs ohjcdlionable. On this Pro- mife however Mr. Fitz-Herbert placed little Reliance; though he ftated it as his Opinion, founded on what he had obferved of the Cha- rader of the Spanilh Court and Miniftry, that, however averfe they might be to bring forward on their Part any rcafonable Propofal on a Sub- ject of this Kind, they would lillen with futH- cient Readinefsto a Propofal of that Defcription if brought forward by Great Britain. His Ex- cellency therefore fuggeftcd, that, inftead of waiting for any farther Explanations from Spain, it would be advifeable to commence the Negoti- ation by delivering in, on our Part, a Statement of All His Majerty's Demands on the Points in Queftion, drawn up in the Form of a re-, gular Projet. Mr. Fitz-Herbert declared there was the ftrongcft Reafon to believe that, whatever might have been the former Views of the X 2 Court I: t ;;pi- t 164 ] Court of Spain, their Pr-f^„, r,u- ^ ».' a Rear „ ;L ,h "s ^"^ ^"'»^- A"-*, weakened. He L,H ■^"'""'"* *°"''' ""' '" American State, .„^ ? Territory of the "f Weft Flo^IT ';^'''^"''^°-^"- complain to the SpanT/h r ' "°' ""'^ «<> Terms of thofe I'^rL but"" '" ""^ ""'""^ 'ice that, on a De ay of Red'7 " 'l ^"' ''°- obfervabJe. ,h ' J^ ^"f" ""^ ^""'- ^' " NewYorIc td-) """^ Wfpatches left .^erswa:x;;v:;tnr't^°"- England and Spain. '""" ^"^«° . '" ♦''«' Fi'-ft Conference Mr Fi^, m bert had with Count Florida Blf^^"" the Arrival of the M.ffi. , "'^^ ''^'"'" appeared chagHned afhf ".f^ha " "''"''*" 'nftrudions relative to a M^al ^^ ""'"' though he did not attemn!? ^'^^™"'n«"t. any Language h,^ T^ '° """•'^'" 'hat Je4•s^finfCth::h-'f'^^'■^'^^- PJedging Great Briton to L /r''^"^' "^ "«n to the Adoption of fuch '1 - t '65 1 fuch a Mcafure, Previoufly to the Final Ad- juftmcnt of Her Ulterior Claims. When the Declarations were exchanged, the Count ob- ferved, that, as the Two Courts were now about to Negotiate a General Adjuftment of All Their Differences, he thought it would be advifeable, that they fliould agree to fix the Cruizing of the refpedive Squadrons within fuch Limits, as fhould prevent the Poflibility of any difagreeable Rencounter pending the Negotiation. To this Mr. Fitz- Herbert replied, that he would mention this Idea to the Duke of Leeds ; but that it ap-* peared to him, that the Court of Spain would do well to provide againft a much more immi- nent Danger than that which he had men- tioned, namely, fome freih illegal Capture of Britifh Veffels in the American Seas, which which was hourly to be apprehended, in confe- quence of the Unlimited Difcretionary Powers to that Effedt, which appeared to be vefted in all the Spanifh Governors. The Count anfwered, that Inftrudtions had already been fent to thofe Governors, to abftain in all Cafes whatfoever from the Exercife of any Voies de Fait againft Britifh Veflels ; and he inftanced, in Proof of the Obedience which had been paid :|y; I' Mil iff I , ! i it .^:J i I .;;■ :i f i66 J paid to iU^^ ln(irun' Sahara Fifl,.-„;t ^''l '',= ^^'■^ "f /-ome ^^--^ ^'•nded upon Th ' cl ^'T ''^ ^'^'^'' "■•dcr to carr/o " , Con? . °^ ^""*^" '" with/landing wWch .^ .'t"'* ^"''^. "ot- "epart with rteir vUis^^'^ ^" ^"ffered to ^r. Fitz-Herherf • r ^-f . that Po,ti;i tn;;'>e D.,e of of the Cadiz Squadron h, '" "'"'^^d *h^ 20th of UxTTa ^r"« ^"^ '^ Sea on Thirty.fou, Sail o^ the L '\ ^"'"^'^^'^ "f ««es. beiides fmaller v^"^ '""^ ''^'^« Fri- -luainted the DuL of £% l ''"==-«-^ert "'^•^d from Count F^^'!'^'; ""the had re- f-tet from Ca^ti c , ^'"'"'^ ««« » "-^'J on the t/t;^7°f the Argonaut, ff'-taining open Letter^ f^ T ^"'^°' ='"<' Pf red. that that Officer! p ^ "'''"^ " V- f^'. had juft been rlr . ^' ^'"^'^ ""d ^ef. f-^--forhi.i.or,'^Xtf^^;';;-".^con,. Mi /I ' of fome of which ucatan in 'ade, not- uiFered to Duke of received 3 Sea on fifted of een Fri- roperty FJerbert had re- )iiice a jonaut, , and Ity in it ap- Vef- onf. ince, om- vilJa do's [ 167 ] Gigedo's Condudl on this Occafion appeared to have been extremely humane and liberal, Mr. Fitz-Herbert thought it right to fend him a fuitable Compliment through fome Perfons of his Family with whom he was acquainted. The Releafe of this VefTel took Place in con- fequence of Pofitive Inftrudtions from the Spani(h Court, (whii-ii, from the Dates, appear to have been difpatched immediately after the Arrival of the News of her Capture) and Count Florida Blanca afTured Mr. Fitz-Her- bert, that Orders had been fent to Mexico for the Arreting Monf. Martinez, and bringing him to Trial, for his unwarrantable Conduct towards the Britifli Subjects whom he made Prifoners at Nootka. Thefe very important Difpatches arrived about Eight o'clock in the Morning j and, at Noon, Notice of the Declaration and Counter Decla- ration having been Signed and Exchanged was officially tranfmitted to the Lord Mayor of London, the Bank and the Principal Trading Companies, referring them for Particulars to a Gazette Extraordinary, containing thofe Inftru- ments at Length, which was publifhed early in the Evening, THIS r i68 ] Herbert. with In^.. *'?''* '° ^^- ^ «-- twined in the precedinJnv , ""'^"'°"' of May. .„d w'i th 'Kitt °' •'; ''* - the &ne Principielthlh °f /"^d «wed.,.o,oret:thes;„':is;r <=OPY of PROJET. Article I. IT is agreed, that the Building, ,„^ t ^ of Land on the North-VVeil CoTof 1 " ' tment of America, or of the m I ! ""■ thereto, of which th. 7 u J "^^ '"'>'^«t Year ,789. ihall be reflored^ottS!""'" Article 11. cxprefsj^ * [ i69 ] exorcfsly agreed, that the Subje<5ls of each of the Contrading Parties refpedively fliall not give any Molellation or Diilurbance to ihc Subjeds 'of the Other, in Navigating or cir- rying on tlieir Fillieries in the Pacific Oce.in or South Seas, or in Landing on the Coatts thereof, for the Piirpofe of carrying on th.eir Commerce with the Native*:, or in making Settlements in Unoccupied Places ', fabjeft, neverthelefs, to the ProviLons hereinafter Hi- pulated with refpedt to fuch Navigation-, Coni'- merce, Fiiheries and Settlements. Article III. But, from a Defire to remove All Ground of Apprchenfion, which His Catholic M.ijclly might entertain, of any Interfcrenrc \vir!i the Antient and Eflabliihed Pofl-llions of th;: Crown of Spain, or of any Occafion bciti^j given to the carrying on a Contraband Tiativj with the faid Pollelfions, His i-JiitdiinicMajcily engages, that His Subjcdls lliall no» '"'..rin :i'>y Settlements, in any Part of ilic Wellorn Coa I Coall: of America, between D^cir-'- North Latitude, and Dccfce Sonr'i Latitude, or in any Part of the Eallcrn Cou;!; Y of K.H o^-h America. Nolofa Line drawn Lircctual Meafiires to prevent th, M "'gallon, FiAcrv nr n ^ ^^- j^^«». in the?:;L oceaTrr f«"" '""- f'eing made a Pretext for nr"*'"^' '™'" the Spanish Settletems 1"' ^'"^^ ^''^ "'^t. for that Pu We he A P""'^"'-'/' within i """ "°' ''^ "Tied on <- /I leagues of any Part of .1,- toaft comprehended Within the Love JLJ: Article IV, bet«'een the Two r V ""'"'">' ^S'^^'^ =-e,, in th?pra es^CifHt: cT:: '''"' My has en™.ed to rV '"'"^"^ ^^- ".^Hritannfctje'/t-VL^^""^-^^-^ o" the North-wiftem Co 'ft ^ °*'' ^'""^ of the liiands adjace t .Wet ^ "f ^' "^ J liiereto, above the faid ^-ve been n.ade, Ty tlVs'^'f ""^^ ^^^^ ^-n hereafter b l;;^,t t'."'' '^'^' ^ ^nade, the Subjedts of the Other i I -j.'j -"•^•^taw. in the faid Jges to take nt the Na- r His Sub- Seas, from frade with irticularly, ' or Navi- carried on irt of the e Limits. Harmony ly agreed es, that, 3lic Ma- bjcifls of Places rica, or he faid ts fhall Either ?9, or of the Other [ 171 ] Other fliall have full Liberty of Accefs, and of carrying on their Trade, without any Mo- lellation. Article V. And it is further agreed between the Two Contrading Parties, that No Settlements fliall be formed Hereafter by the Subjeds of Either of the Two Crowns, in any Part of South America, South of on the Eaftern Coaft, and of on the Weilern Coaft, fo long as No Settlements Ihall be formed thereon by the Subjects of any other Power. HIS Majefty's Miniflers obferved, that, in framing thefe Articles, the Firft Objedt kept in View was that of bringing to a clear and final Settlement All the Points invclved in the late Difcuflions, in order to preclude, as fir as pofTible, all iimilar Occafions of Jealoufy and Mifundcrftanding in future. In doing this. His Majeity's only Wilh was to fecure for His Subjeds thofe Rights, which are both ftridtly conformable to Juilice, and are, at the f^oie Time, of real Importance to the Honor Y ^ of m^ ij i: , V -°"ed, as far as p„, ib,;,/'''^ ''^'i «dea- Spain. U ..s Z:Zl, '° f" '''""' °f «i'e Points in Queftiofr m1"^'" ^'S'^' '''« ""P'y an Ad,niffio„ of r ^"^ ^° « "o'to «f Spain; w,,ic], ,, '^''/"?«edent Claims i-npoffibie for HiJ \y'''^'f- '' was utteriy ^^i^-'Vfeltitindi.VnlT "'• ^''''^ His ;j.= u„di.„M 't:: : --^ - .^--^'-^ "■= -•'ul.jecls to Navigate and F-n^ ^^'''^ ^^ ""- ■•" ti>c Co Jt ,e ir ' "^ *°™ S^"'e. '«-- contained i„ tij^ A f '''^'"- i-'>ou'y, and to .,Ve L "'''' ''"'""'^ of ^-'- and SecunCon th' '.T'''' «^'"- . ' ^ '''^""''" of wJ,ich was certain Ij^ and Corn- had endea- any Retra- ^'ght, the ght be felt Court of right that irly fettled Stipulation that thofe as not to fit Claims ty had no ^s utterly redly, to lile His ft'curing ights of leAme- Settle- oy the Regu- fe was )und of Con- h Was tainly [ 173 ] certainly the Principal Point In the prefent Arrangement, in which Spain had a r?al and folid Intereft. The Extenfive and Chimerical Claims of" Exclufive Sovereignty over the American Con- tinent and the Seas adjacent, even if other Nations could be brought to fubmit to them, are, it was further obferved, rather Matter of ufelefs Pride than an adtual Advantage. A greater Extent of Territory on the Continent of America cannot be confidered by the Spa- nifh Court itfelf as an Objedl of rational Policy; and therefore, if their Exclufive Claim had at any Time lately been meant to be ferioufly infiited upon, it had probably been lefs on ac- count of it's intrinfic Value, than for the fake of it's affording the Means of guarding againft the Intercourfe which they apprehended other Nations might attempt to carry on with their ancient and eflablilhed Colonies. His Majefty's Minillers, therefore, hoped, that if reafonable Security could be afforded them on this Point, it would remove the Prin- ' pipal Motive which had led them to infifl: on ^heir Exclufive Claims ^ and that they would fee "-. i > •' I 11 h ♦''beputinP i;::";"'-'Co„rent,a„dea,y "'"ted to the Poffeffion f ! *"' ^'"'^h foo.Ka„d„e„ r^" *= anna, at from the Natives S.' f '"-•^" PWchafed SubMs. befor Xe ; 7r^^^«-Majeft,, o^*erc DiL-iSh;s? 'T '''>°'^^'^^'» «^^^'d upon them in confen '""''''^ ''"'"S ^n- Jence combined by the s!^"'' """'^^ ^'°- Vefl-els at Nootka,"^ he rT" °' ""^ ^"''''^ I^'-ftnas was a Point ;„t;:'?°^ there '^Wch it was evident Z °"''™^'^' =nd on of Spain could .hfw a uft TH 'l ""^ ^°"« pi . [ >7S ] His Majefly's Subjcdls from a Settlement made under the Circumfiances before-mentioned. If any fach Title could be produced and eftabliflied, His Majesty's Jufticc and Equity would induce Ilim readily to admit it : But none fuch had been hitherto offered ; and there was little Ground to fuppofc that any fuch could be fairly fupported. In different Parts of the feveral Papers received from the Court of Spain, Two Grounds had been principally referred to. One of them was that General Claim to the Sovereignty of the Continent and the Seas adjacent, already referred to. This Claim, as it was at firft ilated, was unlimited; and it had fince been explained only by confining it within 6 1 Deg. North Latitude, which was reprefented as the Limit of the RuiTian Settle- ments. Such a Claim (with this Explanation) comprehending, as it does, an Immenfe Ex- tent of Coaft only recently known to Euro- peans, and which, fmce it's Difcovery, had been uninterruptedly frequented by His Ma- jefty's Subjedis and by any other Nations, was, on the Face of it, fo Inadmiffible, as not to leave room for Difcuffion -, it being, in the Nature of Things, impoflible that any Documents could be found to fijpport it. Indeed, k (i ( i 'iJ hi ' [ .76 ] Indeed, the very Nature of the Limitation, by which this Claim was confined to 61 Deg. North Latitude, was of itfclf fufficient to fhew the Claim itfclf to be wholly inadmif- iible by other Nations , it being impofTiblc to flate any Ground of Argument in Support of the Right of the Ruflians to make Settlements in 61 Deg. North Latitude, which does not apply with exadly the nrnie Degree of Force, in Favour of the Right of any other Nations to do the fame in the other unoccupied Parts of that Coafl, North of the adtual Spanifli Territory. And it was particularly to be ob- ferved, that, if fuch Argument were grounded on any Notion of Prior Difcovery, that Prin- ciple, weak as it is when unfupported by Occupation, was neverthelefs more favourable in this Inftance to the Englifh than to any other Nation. The other Ground which had been pointed to was that of a Prior Difcovery and Occupa- tion of the Places adlually in Queftion, at Nootka and the Parts adjacent. This was ftated in Monf. del Campo's Note of the loth of February laftj who rcprefented that, in 1774, Monf. Martinez vifited Nootka, and left a few trifling Articles with the Natives. With LImitatlori, to 6 1 Deg. ufficient to y inadmif- npofliblc to Support of Settlements :h does not of Force, ler Nations jpied Parts al Spanifli ' to be ob- ; grounded that Prin- ^ orted by- favourable lan to any n pointed Occupa- eftion, at his was the loth that, in and left s. With ■i 1 :' I '77 J With reij-^jd to fuch pretended Difco- Very, (if it were material to the C^ieflion) there was juft Reafon to believe th:it the Knowledge which the Spaniards had of this Port was fubfequent to the Difcoveries of Britifh Navigators. But Difcovcry alone, not followed adtual Occupation and Eflablilh- ment, could never, the Duke of Leeds ob- ferved, be admitted as giving any Right to the Exclufion of other Nations ; and the Sort of Occupation, alledged in this Inflance by the Spaniards, was as little capable of being maintained as a Title to Dominion, as that of Bare Difcovery ; it confifting only in having left fome trifling Articles with the Natives, in a Place where no adtual Settlement was made or pretended. The CIrcumftance of thefe Two Grounds having been referred to, might, of itfelf, be confidered as a Proof, that no Title could be maintained by Spain on any juft and folid Grounds; and His Majefly was therefore firmly convinced, that His Claim to the Rc- ftitution of Nootka could not be controverted. If, however, contrary to Probability, any other Ground (hould be urged, the Duke of Leeds Z referred V] vl ^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^1^ 1^ lii 12.2 I.I r '^ 1^ IL25 i u M 1.6 Hiotog'aphic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716) 872-4503 k /, {./ v.. ^o V V ^ i z. r<\^ -^^^J*. q'^ "-"^sV^ z I ! ^ ^ r C 178 ] referred Mr. Fitz-Herbert to the Materhls already in his Pofleflion, which would enable him to refute any Arguments which the Spa- niards could urge on the Subjedl, The Second Article, his Grace obferved, was intended to provide for the Free Exer- cife of Navigation and Filliery, and for the Liberty of Landing for the Purpofes of Com- merce with the Natives, and of making Set- tlements in Unoccupied Places, conformably to what had been ftated on the Subject in the Difpatch before alluded to. This was a Point of the utmoft Importance ; and, in confe- quence of the Language held by the Court of Spain relative to this Fifliery, it was effential that it fliould be fecured by politive and pre- cile Stipulation. Great Care^ hovvever, was ne- cefTary (as the Duke had obferved in his for- mer Inftru(ftions) to prevent this Article from appearing as a Conccflion on the Part of Spain. For this Purpofe it was thought ne- ceflary to adopt Words, which, though they did not declare an Antecedent Right, or make it neceflary to agitate that Queftion^ might, neverthelefs, be confident with the Principles which His Majefty had maintained, and which might be as applicable to the Con- firmation M t, or ftion^ i the ined, Con- ition [ 179 ] firmation and Security of an exifling Right, as to the Grant of a New One With this View it had been thought proper, to include the Cafe of Landing for the Purpofes of Commerce with the Natives, or of making Settlements. There might otherwife be a Danger that an exprefs Stipulation, with re- fpedt to the Right of Landing for the Pur- pofe only of the Fifliery, while that of Land- ing for the Purpofe of Commerce, or of making Settlements, was paifed over in Si- lence, would be conllrued to imply a Re- nunciation of the Latter, and might thereby amount to an Admiflion (at leaft in Part) of of the Spanifh Claim of Exclufive Sove- reignty. By this Article, therefore, the Right to Land for the Future, for any Purpofe, in any Unoccupied Part of America within the Limits to be now fixed, would be clearly and finally eftabliflied. The Provilion ne- ceffary to afcertain thofe Limits, and to provide a reafonable Security for the Pre- vention of Contraband I'rade with the ac- tual Settlements of Spain, form the Subje(5t ^f the Third Article. Z i The M ¥ m f I [ >8o ] The fundamental Principle to be kept m View, in any Propolal refpeding the Limits, his Grace declared to be, That the Exclu- five Dominion of Spain extends only to tho(e Places, which can be fairly (hewn to be in the adlual Occupation and Poflcflion of the 3ubjed:s of that Crown. It feemed material, however, he added, that the Pradlical Ap- plication of this Principle (hould be now exprefsly afcertained, and that the Limits refulting from it (hould be fixed by Politive Agreement i becaufc, if the Principle only were agreed upon in General Terms, it might become Matter of Difpute hereafter, what ihould be deemed Proof of Occupation, and what was the Extent of the Dominions fo occupied by Spain at the Time of forming the Agreement. In proceeding to frame an Article on this Subjed:, it was not wiHied to give too (Iridl and confined a Senfe to the Term Occupation, or to infifl upon fo rigorous and literal an Ap- plication of the Principle itfclf, as might lead to a minute and intricate Difcufiion, with Re- fpedl to Points of no fubflantial Importance, XliGtQ inight be Places which, though not adually [ i8i ] actually fettled or inhabited, at lead by Spa^ niards, might ncverthelefs be (hewn to *^e fairly within the ad:ual Exercife of their Dominion, either by the Native Indian Inhabitants being treated as Subjedls, and living under the Au- thority of the Court of Spain, or by any other Evidence of fuch Places being comprehended within the Operation of Ordinary and Regular Afls of Sovereignty and Jurifdidlion- There might be other Inftances in which, from the Circumftances and Relative Situation and Dif- tance of different Eftablifliments and Miflions, it might not be eafy to decide how far there fairly exifted fuch a continued Occupation, or fuch an Intereft in the Intermediate Places between fuch Eftabliiliments, as might apply to the whole DiflricS in which fuch Eftablifh- ments might be fituated. In Cafes of this Nature, the Application of the Principle would, in Stridnefs, depend upon a minute Invertiga- tion of all the Particulars ; But it appeared to His Majefty's Servants more defireable, to al- low fome moderate Latitude, in fuch In- ftances, to the Prctenfions and Intcrefls of Spain, rather than enter into fuch nice and difficult Difcuffions, as might, in a great De- gree, protradt and cmbarrafs the Negotiation. Such '•'ili V I f i! i, 'I : t ; i f 1^2 J Such a Latitude rc•em^r^ ^i in Q,.crt;o; JJT f f ™' °^ "'= Countries «»e Mann" ' rtS'^I'-S ^"'"' ."'«. ^-n. ■ndudcd within the Linii.s to|, ' f ^'"' ^"^ '.dniittcd ns a M.JZl,'"^ "P""' -ft Tcrriton, but A ^ ^" ' V' 'Z ''"- venience -md t. ' ^'''"^ "^ Con- that, wiiin corn T-^ '""'^ Stipulation, Commerce. >^ ^'^ ^ny p^iS;:£Virtr?-^'''^^--' in .he annexed P ole w "'"\ '''''''" "> "Gained, the S'o;r'"H' '°''^'''- 'ietail what hiH ,n J ''' proceeded to wnat had appeared to His M,ipn„v c vants as ,„oft realbnable witl^ ifr / "' PartieuIarAppHcationoi't rpl^^/-''^ enabled the,„ : T"'°'' ''^^ P°'^'=""''^ '''^J Ot'^em to judge- of this difficult Point. It appeared in the firrt Place nlv %^t to the North-Weft cl ';* r'"" "" that there va. ■, t. ^ "^ America, ''"' X.0 I'retenc. of any O.cupJ tion, [ >?3 1 tinn, on tlie Part of Spain, of the Nature of that hefore dcfcribed, above the Northern Limits of California, prior to 1789; nor was it known that any Settlement had been made fince that Time, excepting That at Nootka. This Opinion was confirmed by obferving that, in the moil: authentic Maps, publirtied in dif- ferent Countries, previous to the late Difco- veries, thti Whole Coalt, North of the Penin- fula of Cvilifornia, is laid down as Unknown to Europeans, and could not therefore be rea- fonably fuppofed to be fettled by Spain ; and iilfo becaufe that, in a Notitia de California, fald to be publifhed, in 1757, by Authority of the Spanifli Government, their Knowledge of the American Coaft: is exprefsly flated not to go beyond California : and there was no In- formation of Settlements further North made by Them fmce that Dat ; but, on the con- trary, there was Reafon to believe, from what was known of the State of California itfelf at more recent Periods, that none fuch could have been made. It was, indeed, doubtful, whether even California itfelf might not be excluded, by a ftridt Application of the Principle of Oc- cupation* But as, from the Account of that Country, iia" ' t • : ml m i r 184 ] Country, it appeared that, for a confiderable Time back, the Spani/h Government had been engaged in continued Attempts for fub- duing or fettling it, and that a confiderable Number of Eftablifhments had adually been made in various Parts of the Coaft under the Authority of the Governor of Me^fico, it was not His Majefty's Wifli to difcufs that Point, or to enquire how far thefe, which, for the moft Part, are denominated Miflions, ought to be held to be in the Nature of Settlements of Occupation. ! I •J On this Statement, the Northern Limit of the Peninfula of California, or about 31 Deg. North Latitude, was the utmoft Northern Extent that could be left as the Exclulive Pof* feflion of Spain on that Coaft. But it appeared that the Spanifh Settlements in New Mexico, on the Rio Bravo, were carried up conliderably higher, and almoft to 40 Deg. North Latitude ; and that, if the propofed Limits were defcribed by a Parallel of Latitude running Eaftward from the Northern Limit of California, they would interfere with great Part both of New Mexico and of Louifiana. This J ^ 1 i' I IM^fefe,^ [ '8s ] This, the Duke obfcrved, would certainly be unreafonable ; and, for obviating this Uilli- culty, Mr.'Fitz-Herbert was direc^lcd, in t!ie firll Inftance, to propofe that the Line ot* Limits fliould run Eall, from 31 Dcg. North Latitude to the Rio Colcrado, and from thenco along the faid River to the Head thereof, and from thence to the neareft Part of the Mif- fouri. But if, in the Progrefs of his Difcufuons, he fliould find the Court of Spain very defirous to extend the Limits on the Coaft further to the North, and fliould think this a Point likely to endanger the Ultimate IfTue of the Nego- tiation, or greatly to retard it's Conckifion, His Majefl:y did not think This an Objed of any conliderable Importance to His Sabjeds j and Mr. Fitz-Herbert was therefore autho- rized, in that Cafe, to agree that the Northeni Limit of the Parts, to be left to Spain by this Treaty, fliould be the 40th Parallel of North Latitude, running from the Weftern Coafl: of America, Eaftward, to the Place where it crofles the Miflburi. ■ii With refpedt to the Southern Limit to be fixed on the Weftern Coaft of America, there appeared to be confiderable Difficulty, on Ac- Aa count I \ I ■ \t'V 11 i I ll 1:5! " til ' h; 1; [ '86 ] count of the dcfedlive Information His Ma- jcfty's Minifters poflcflld relative to thofc Parts. In the bcft Maps which are extant, and particularly in the great Spanirti Map engraved in Spain in 1775, to which Recourfe was had on this Occalion, it appeared that the Spanifh Settlements in the Governments of Peru and Chili are nearly contiguous; but the Southern Limit of the Government of Chili is not diftindly exprefl'ed. The moft Southern Settlement of the Spaniards on that Coaft ap- peared to be that of Caftro, which is on the Ifland of Chiloe, and is about 43 deg. South Latitude. In thfi large Map before-men- tioned, there appear indeed to be fome fmall Villages or Parifhes on the Ifland of Chiloci South of Caftroj but the actual State of that Coaft is not fuHiciently afcertained, to afford a Ground for judging how far, according to the Principles above ftated, the Spanifh Pof- ftflions in the Government of Chili as far as Caftro, or down to any other Point South of it, are fuch as to carry with them the Sort of Occupation before defcribed. The Duke of Leeds flated it to be probable, that the juft Point of Limit would be found, accord- ing to the Principles already mentioned* to be fome where between the 40th and 45 th Degrees { -I I r 'R7 ] Degrees of South Latitude. But that, as this could not be precifcly afcertained here at pre- fent, His Majefty, having the fulleft Confi- dence in Mr. Fitz-Herbcrt's Ability and Dif- cretion, had commanded his Grace to leave it to him to fix the Southern Limits, by apply- ing fuch Information as he could obtain from the Spanilh Government to the General Prin- ciples before mentioned : And His Majefty was perfuaded that he would not make any unnecefliiry ConcelTions ; nor did the Impor- tance of the Queftion, whether this were fixed a little more or a little lefs to the South, appear to be fuch as to juftify the Delay, which would be occafioned by a Reference for further Inftrudtions from Home. :i| The whole Queflion about the Eaftern Coaft of South America, his Grace obfcrved, would be at once decided, if a Fa(ft which was ftarted on this Subjed: could be fuf- ficiently afcertained. To an Account of Pata- gonia, publilhed in England in I774f a Map is prefixed, in which a Line is marked near the River Salladillo, a little to the Southward of the Rio de la Plata, and llated to have \)een fixed by Treaty with the Indians in A a 2 1740a M i; ! i .1 I. I I' , [ -ss ] 1740, as the Limit beyond which the Spa- niards were not to fettle to the Southward, In the Book itfelf a Reference is made to this Treaty, but no Account is given of the Authority on which its Exiftence is aflertcd, nor are ihe Particulars of the Treaty itfelf ilated. Suppofing this Treaty to be authentic, and to have continued to be the Boundary be- tween thofe Nations, there could be no Pre- tence on the Part of Spain to claim any Thing to the Southward of that Line. And it was the more reafonable to fuppofe that this was really the Cafe, as, in the Spanifli Map above referred to, there did not appear any Trace of a Settlement in thofe Parts. This Jatter Circumftance alone afforded fufficient Ground for fixing the Boundary, in this In- flance, in the fame Manner as thofe before fpoken of. On thcfc Grounds, His Majefty's Servants >vcrc induced to believe, that the juft Appli- cation of the General Principles before men- tioned would fix the Line before referred to ^s the proper Limit for the Eaftern Coail j and, if » ! [ :89 ] if Mr. Fitz-Herbert fliould not be apprized by the Spanilh '.Government of any Mate- rial Fadts to vary what was now flated, he was diredled to propofe to fix it according to that Line, which he would fee traced in the above-mentioned Map of Patagonia, a Copy of which was fent by the Meflcnger to his Excellency. Any Difficulty, which the Court of Spain might make, with refped: to thefe Limits, the Duke hoped would be confiderably dimi- nished by the Propofal fuggefted in the Fifth Article, as hereafter explained. The latter Part of the Third Article con- tained the Provifion for preventing the Ships of His Majefty's Subjects from approaching nearer than a certain Diftance from the Coaft, within the Limits afligned. This Diftance His Majefty's Minifters thought fhould, if poflible, be fixed at Five Leagues, which it was imagined would afford an ample Security againft Contraband Trade, and which exceeded the Diftance within which Ships are feizable under the Hovering Adts in this Country. His Majefty was anxious, if poflible, that this Pjftancc (hould not be exceeded, as there was Reafon III I '. 4 Id i W: Hi Si 111: 1 'ir^ 1 ^i [ 190 ] B-eafon to believe that it might be of fomc Confequence, for the Purpofes of the Fifhery, to approach as near as Five Leagues j but ne-r^ verthelefs, if it fliould be abfolutely neceflary, Mr. Fitz-Herbert was authorized to extend this Diilance as far as Eight or even Ten J^eagues, It was particularly defireable that this Hiould be the utmofl Diilance, as it was pnderftood here that the Whales are fre- quently found on the Edge of the Soundings, which,. on thofe Shores, are reprefcnted to be from Five to Ten Leagues from the Coaft. The Fourth Article his Grace ftated to be conformable to the Principles laid down in his Difpatch of the 16th of May, with Rer gard to the Stipulation to be agreed upon in relation to New Settlements. He added, that, on further Confideration, His Majefty's Ser- vants were confirmed in thinking, that the Securing Reciprocally to the Subjects of both Countries the Liberty of Acccfs and of Tradp, in all new Settlements which Either Nation might form in thofe Parts, was the nioft: likely Way to prevent an Injurious Competition in the Attempts to cflablilh them. On this Ground, His Majefty had been pleafed to ap- prove I *' ,. .1:1 ii ^^ i^'*»^^^^^^aj .|j^, , £ of fbm« e Fi/herv^, J but ne-f neceiTary, to extend -veil Ten able that as it was are fre- >undings, ted to be :oafl. 'd to be lown in ith Re^ pon in , that, 5 Ser- lat the f both TradQ, Nation iikeJy on in 1 this o ap- prove t 19* ] prove of this Article, as calculated to promote the efTential Ohjedt of avoiding Occafions of Jealoufy in future. The Duke of Leeds trufted, the Court of Spain would confider it as an Inftance of His Majefly's Moderation and Equity, that He propofed to apply this Prin- ciple both to the Poflcflions to be reftored to His Subjedts, and to any Eftablifhments which might have been formed by the Spaniards fince the Violence committed by Monf. Martinez j and that, on the one Hand, His Majefty did not wifli to found, on the Prior Occupa- tion of His Subjed:s, any other Rights, than thofe which fhould be eftablifhed for the future with Refpeft to new Settlements; and that, on the other Hand, He contented Himfelf with the Application of the fame General Principle, to any Settlements which might have been formed in this interval by Spanifh Subjects, without infifting (as in flridl Juf- tice he might) on fuch Settlements being adlually Evacuated, The Fifth Article, already referred to, his Grace dated to be confonant to what he had ftated in the concluding Part of his former Difpatch, and would furnidi a ftrong additi- onal if -} M Ma m m iiif ii:! ■ I m\ r.""« Harmonic »"^n que la Cordiali,^ ent et n. M ' •'""' « la haute Id& Que \T ^'"^ Nations. Sentimens nobles 1"\ "''' -^o" avoir des rains. ' S'"'^^"* «i« "os Sove. Le Declaration de I'Pr„, Satisfiftioa exige'e et ifr ^"'' '°"''""' '» ■''ffi're que Sa Maiefle rI '■"'^'''"«'°" con^me parfaiteZt faSr'^"; '; T^^'''' qui avoit donne lieu^ aut R > " '" ^^''f' A^emens de I'AnJetL ^r'"'" " ^^ aneantf. S Pierre, le trouvepar la Uf iJ 1f i f Ml^\ 'I . ; t [ I9J ] d'envoyer Son MefTage au Parlement, fur les Informations, qu'on venoit de recevoir, des des Armemens confiderables qui fe faifoient dans les Ports d'Efpagne, fans qu'on ffiit les Motifs ni la Deftination. Sur cet Article le Miniftre Efpagnol s'emprefla de donner, avec la plus grande Franchife et Honnetete, tous les EclaircifTements poflibles ; et propofat d'abord (c'eft-a-dire le 15 Mai) le Defarme- ment reciproquc j fur quoi il n'a ceffe d'infifter, en s'addreflant a Madrid a MefTieurs Merrick, Frafer, et TAmbafladeur Fitz-Herberg j comme pareillement j'ai tache de faire ici, par fon Ordre, dans les Occafions qui fe font pre- fentes. II paroit done par ce Recit fimple, que le Second Motif des Armements Anglois auroit cefle il y a quelque Temps, fi la Cour de Londres s'y fut conforme, et que la Chofe depend aujourd'hui abfolument d'EHe. Le Roi mon Maitre, et tout Son Miniftere, partant de ces Principes, ne doutoient nulle- ment que la dite Difpofition n'eut lieu, imme* diatement apres la nouvelle de I'Echange de la Declaration et Contre-Declaration, fignees a Madrid le 24 Juil'.et dernier j et ils m'avoient me me autorife a trailer avec votre Excel- lence i'ur la Maniere et fur la Proportion B b 2 qui ^ ' if ri! 1: M „'' i: 'I [ >96 ] qui feroient jugees les plus adaptabks poar efFedtuer le Defarmement, en ayant Soin de fauver toute Sorte d'f nconvenients. Lc Cour de Madrid auroit cru offenfer celle de Londres, en entretenant le moindre Doute fur fes Difpofitions amicales a cet Egard, non feulement par toutes les pui^antes Raifons qui concourent a rendre tres preferable le Defarme- Ricnt reciproque, mais auffi par ce que, des lc Commencement de la Melintelligence, le Miniftere Britannique temoigna le meme Defir, commc il paroit par la Lettre que votre Excel- lence eut la Bonte d'ecrire dans les premiers Jours de Mai a Monf. Merrick, avec Ordre d'en faire Communication a Monf. le Comte de Florida Blanca, comme une Preuvenon equi- voque des Vues cordiales et pacifiques de I'Angleterre ; le Langage meme de Monf. de Fitz-Heiberg depuis fon Arrivee a ete pareille- ment confornie. C'efl po'ir m'acquitter des Devoirs eflentiels de ma Place, que je fuis force de in'addreffer de nouveau a votre Excellence fur VObjet dont jl s'agit. Les Intentions du Roi d'Efpagne font purcs, honnetcs, et amicales a toute Epreuve, Je n'helite pas un Moment a alfurer, que cclles du Roi I3iita}ini(|ue font exa(5tenient de meme; ; -J ? ( a ' U: [ 197 1 Les deux MInifteres fe font une Gloire d'imi* ter rcfpedivement leurs Souverains, ct de fuivrc leurs Principes de Sageffe et dc Droiture, Quel Dommage done, fi, avec de tels Senti- mens, on alloit donner la Preference a des Mefurcs, feules capables de produire de la Mefiance et des Alarmes entre nos Nations, lefquelles s'aiment et fe relpcftent mutuelle* ment 5 bien convaincues toutes deux des Avan- tages immenfes, qui refultent de leur Amitie etroite et permanente. Quoiqu'il ne feroit pas deplace d'enlrer dane le Detail des Depenfes enormas qu'on pourroit et qu'on devroit eviter des deux Cotes, aufli bien que des Inconvenients qui peuvent naitre des Armements confiderables des deux grandes Nations, malgre toute la Prevoyance et toutes Jes Precautions de leurs Gouvernements : Je dois m'abftenir de le faire, traitant avec un Miniftre des Lumieres de votre Excellence. Mais je la prie de confiderer, quelle doit etrc la Surprife de ma Cour, en apprennant le Parti qu'on paroit vouloir adopter ici par Prefe- rence. Sans Doute qu'il y a une Negotiation a fuivre ; et qu'il y a encore ' des Points a debattre et a jreglw definitivement, Mais s'agifTant d'une Negotiation if V. 1*1; \ ' III I ' $■1 11 « [ >98 ] Negotiation amicale et d'aneDifciiflion franche, honnete, et de bonne Foi j dans laquelk chacun doit faire valoir fes Droits, lbs Titres, et fes Raifons, pour parvenir un Accomodement jufte et equitable : Dans cet Etat de Chofes, il paroit que la trop grande Force des Armaments pourroient plutot nuire a I'Objet qu'on fe pro- pofe, et feroit fujette a des Interpretations defagreables, quoique tres eloignees certaine- ment des veritables Intentions des deux Cours. L'Interet que je prend, par Devoir et par Inclination, a la Rcuflite de tout ce qui peut contribuer au Bonheur de nos deux Nations j le Defir de n'en rien ommettre de ma Part, et fur tout les Ordres de ma Cour, m'ont mis dans le Cas de faire ces Reflexions a votre Ex- cellence. Je me flatte, qu'en mcme Temps qu'elle les pefcra,' elle rendra Juftice a me* Sentimens. J'ai I'Honneur, &c. (Signe) Le Marouis del Camp o. COPY [ 199 ] COPY of the Duke of Leeds's Anfvver to the Marquis del Campo, dated White- hall, Auguft 14, 1790. Monfieur, EN Reponfe a la Lettre qiie votre Excel- lence m'a addreflee le 10 du Courant, j'ai I'Honneur de rinformer, que la Propofition de fa Part, touchant un Defarmcment reciproque de la Part de nos Cours refpedtives, ne fauroit etrc regardce que comme une Preuve tres agreabjc d'un Defir fincere de remettre les Chofcs au{rit6t que poflible fur le Pied de rEtabliflement ordinaire dc la Paix. Vous pouvez ^tre perfuade, Monfieur, que les Sentimens du Roi font analogues a ceux de Sa Majefte Catholique, ^ I'egard de tout ce qui pourroit retablir le plus Prompiement pof- fible la bonne Intelligence entre les Deux PuilTances. Cependant, il paroit que les Circonftances adtuelles ne permettent pas le Defarmement dont il eft Queftion. II eft certain, que la Declaration de la Part de I'Efpagne, et la Contre-Declaration de celle de I'Angleterre, ont heureufement leve la Pierre d'Achoppe- ment, qui paroiffoit d'une Nature a empecher tout Accommodement, et par confequent la i? :i 1 ftj ■ f. i:. till 11 Hi ■a i: '. I \ ■ ■;/ t 200 ] la Vole de Negotiation eft ouverte. ll n'eft pas moins fur pourtant, que TObjet des Pre- paratifs, que Sa Majeft6 s'eft trouvc obligee de faire, n'a pa» cte borne a I'unique Con- iideration de Reparation d'une Injure con- tre Sa Dignitcj mais qu'Elle avoit egalement en Vue la Securite des Interets de Ses Peuples k I'avenir, comme il eft particulierement enonce dans ma Depeche a Monf. Merry du 4 de Mai, citee par votre Excellence, et dont j'ai I'Honneur de lui envoyer un Extrait ci-joint. C'eft de Concert avec le Cour d'Efpagne, que Ic Roi defire de voir etabli une Syfteme, capable, non feulement de contribuer au plus parfait Retour d'Amitie et de Paix, mais en eloignant tout Sujet de Jaloufie entre lea Deux Nations, par Rapport a leurs Interets refpedifs en Amerique, rendre leur Amitie fure et permanente. Dans de telles Circonftances, Monfieur, je crois que vous avouerez fans Difficulte, que Sa Majefte ne peut pas arreter les Preparatifs qu'elle a juge convenable de faire j les Nego- tiations qui viennent feulement d'etre entamees etant d'une Nature autant compliquee qu'im- portante. J'ai I'Honneur, &c. (Signe) Leeds. 4 -' M I r [ 201 ] B Y the fame Meflenger Mr. FItz-Herbert was further charged to reprefent to the Spanidi Court, that, by the Accounts referred to in Mr. Meares's Memorial, it appeared that a Number of Chinefe, who were in the Service of His Majefty's Subjecfls at the Time of the Capture of the Britifh VefTels at Nootka, were fcized, and had fince been detained and employed in working Mines by the Spaniards. Hfs Majefty had not thought it necefTiry to make this the Subjed: of any feparate or formal Article in the Convention, efpccially as it appeared that an Enquiry was directed to be made into the Whole of the Condudt of Monf. Martinez in this Tranfadion, and as the Reftoration of thefe Men was evidently comprized within the Declaration figned by Count Florida Blanca. But, in order to avoid any Mifunderftanding on this Subjed, it was judged proper, that the Circumftance fhould be mentioned by his Ex- cellency to that Minifter; and that he (hould be informed, that, independent even of that Engagement, His Majefty had no doubt, that the Juftice of His Catholic Majcfty would have induced Him to ^ive immediate Orders for fetting at Liberty thefe Perfons, who had been fo unjuftifiably and cruelly detailed, Cc A« H ^: In 1 11 M: '■1 '■■ :l 1 •I r 202 J As the SatisfirO^mM • 6p»in, rclativ If r ctr ' ^ '-'°"" "^ ;-n .h. T.VO Cour.!"; "d n? ^" took the Opportnnlfu r ^^^^^^ ^-' of the Britifl, Sctler't h b! r Honduras, and to what hJ ^ ! ^ °*^ S^yea between the ;;:'c?o2'Mhat As a full Explanation of His M.- a . b" laft, the Duke referred M/pif uT' to that Paper, which would expWn""." the Meafure adopted by His mST ^"^ pending Co.onel'Derp:rdan^^C^'°^,«''-- L.eutenant Colonel Hunter to declare the t'"« taken by the former, for the AM "?' then exifting Syft^^'o;;^ :^^''°'««>n «[ the «fnoEffce,a„dwouldalfoA;:°h:"""-/ Pn which that Refolution wa'Ta en °7' ' Wh.ch , t was to be maintained by m/m" _(..> any D,icuffions upon the Subfeft! 1 m'^* »0 ^.aa Conformity tp the geniS^sJ.-r:! thp $ 't : I !' 1 i ti "^^^^^^^"^SSlJ;^^^ t 203 ] tlic Convention, and particularly to the cxprcfs Words of the Seventh Article. ,iH In confcquencc of the Communication made by Mr. Merry to the Spanlfli Court, in pur- fuance of that Dlfpatch, his Grace ftated, that he had received from Mouf. del Campo, on the 1 1 th of February laft, a Letter, of which he inclofed a Copy. As that Letter was tranf- mitted to the Duke at the fame Time with the Notification made by Monf. del Campo of the Tranfadions at Nootka^ the Effect of which Notification was, as Monf. del Ca-rpo was in- formed by his Grace, to fufpend all otlier Dif- cuflions till His Majefty had obtained Repara- tion for the Infult ofil*red to His Crown, no Anfwer had as yet been given, by His Ma- jefly's Orders, on the Subjedt of Honduras. As the Tone of the Letter of the 1 1 th of February, on that Subjed:, was conformable to that which fo unhappily prevailed in the other Communications of the fame Date, it required that an Anfwer ihould be delivered by Mr. Fitz-Herbert on his Majefty's Part, formally offerting, in Contradidtion to that Paper, the indifputable Right of his Majefty to eftablilh C c 2 fuch ; '} m I i!r V [ 204 ] fiich Regulutions, as His Majefly fliould judge proper, for maintaining Peace and good Order among His Subjed^s, fettled under his Protec- tion in the Bay of Honduras ; provided fuch A<5ls did not interfere with the Territorial So- vereignty of His Catholic Majefty* which the King has formally recognized ; and exprefling His Majefty's full Perfuafion, that the Court of Spain, from fubfequent Information of the Particulars of the Tranfadions at Honduras, and from a further Confideration of the Na- ture of the Communications made by His Majefty's Orders, relative thereto, will have been convinced that, fo far from being an In- fraction of the Convention, that Communica- tion contained the moft fatisfadtory and une* quivocal Proofs of the good Faith which HI?. Majefty has fcrupuloufly obferved, and of his Difpofition to arr?nge every Point of this Na- ture, in the moft amicable Manner, with His Catholic Majefly. His Grace affirmed, that the Eilablifhment of fuch Regulations as above defcribed, and the appointing and authorizing Perfons to carry them into due Execution, is not an A: Afliilance of fome of the Settlers, and from the Information which he had acquired of the former State of the Settlement, a Syf- tem of Police, and had tranfmitted the fame ibr His Majefty's Confideration. This Plan had been referred to His Majefty's Law Ser- vants, and there was Reafon to believe that it would be found fuch as might be adopted, either in toto, or at leaft with fuch Alterations as might be made to it here, fo as to preclude the Neceflity of any further Reference to the Bay of Honduras. Under 1 ; ' : M n ^■i;t If I that, although H°Mn "^^ '^°"« o^ Spain, Mean., forego or 1 ' ^J°"'^ "°'' ''^ »"/ W''h a Syftem for T ""." ""'' '"'«'" '° ^'l'- "■ce between H;?.. '^'''"■""»^'«ion of Juf. mentioned , yet t/,,! '^'^^li^a.ons .ibove- 'hat His Catholic JV^ ft! ■'k^'.""'' '" °''» •hat 'he Regulae'onl-' „\'"'!f ' ''^ ^°"V'"ced. .Maje%, Orders wo, It"'"^' "^ "" '" '•ny Manner reou.n, ! "''*" ""^^hing S-reig„t, of thTSro^S ''' "T""-' ;- wi„ing to „ake aTrevlSc ' "' ""'"^ fon thereof to His cL? ^"""""mca- •h«. for that PurLf r" '^'•'■^"^^ ""'» *""'d have beenSc- ■ '' '^' ^^^^ «-"-dbetra„r:i:;:j:t-"-dhere. *h« the Orders for ifsl f ^'^^''^^r- and ^""W be delayed untii^^^"'' Efcbliftment Com^unicaLntl^oftoth p"' '"^'''^ ''-'' ^■"i '^%. that fuch P,a° t''u"°'^f^'"^ «Prefs Provifion fortr ?"''' ^°"*'"'" •■>» Nervation of .he' ZJ "'f '^™P"'°"^ Ob- *he Two Courts '' '^'"''''"'"S ''«wee„ The [ 2^7 ] The following is a Copy of the Marquis del Campo's Letter, alluded to in the preceding Pifpatch. Manchefter-Scjuare, ce ij Fevrier, 1790, Milord, L E Charge des Affaires de Sa Majefte Bri« tannique a Madrid ayant remis a Monf. le Comtc de Florida Blanca un Recit et un Office, fans etre figne, concernant la Suppreflion des Magiflrats Anglois a Honduras, ma Cour m'a ordonne d'annoncer avotre Excellence, qu'Elle n'a pas encore re9ue des Nouvelles diredes fur ce Sujet. Elle m'ajoute en meme temps, que tout I'Expofe paroit etre une Infradlion faite a I'Article 7. de la Convention, ne pouvant Per- fonne, comme votre Excellence le fait fort bien, rendre Juflice, ni exercer aucun Ade de Gouvernement, fur le Territoire d'un autre Souverain, cornme celui dont il efl Queftion, e'tant conyenu et reconnu expre^Temcnt dans la Convention, et dans le Traite de Paix. Mais, fi le Roi Britannique veut Se mettre d'accord avec le Roi mon Maitre, on pourra faire un P^eglcment par Rapport a I'Admini- ilration de Juflice et de Police, entre les Sujets Anglois demeurant a Honduras. Par ce Moyen, jes Sujets fefpedifs pourron^ s'acquitter de leurs I 1^- h:4' ' . m : 1 •'Si if ; r : j i i ; 1 ! 1 1 > ■ i 1 k •. ■ ) i ! i i' i [ i t i ' I i > 1 1 :; 1, 1 i ■ ,1' t; ! -.t 1 l ■ 1 1 I, 1 [ 2o8 ] leurS Devoirs, en vivant dans la meilleurc Harmonic poflible ; et les deux Cours s'e- pargneront la Peine d'entendre des Recours et des Plaintes de cette Efpece. Je prie votre Excellence de vouloir bien mettre cette Idee fous les Yeux de Sa Ma- jefte Britannique, afin de pouvoir nous oc- cuper de I'Arrangement convenablc pour ar- reter ces petites Diffentions. (Signe) Le Marquis del C A M P o, A NEGOTIATION of a Nature foin^ terefting as that now depending between Eng- land and Spain could not fail to occafion a confiderable Senfation in France, where a long continued Alliance, and a fuppofed Reciprocity of Interefts with the latter of thefe Kingdoms, made Her Interference an Event both natural and probable. That She had armed a Squadron at the Beginning of the Difpute has already been fecn ; and that a further Attempt might be made, on Her Part, to influence the Decifioii of the impending Qiiei1:ions was an Event reafonably to be apprehended. It appeared indeed, from what adtually did happen, that a Kope was entertained of this Country being induce4 meilleurc incurs s'e- lecours et iloir bien : Sa Ma- nous oc- pour ar- M p o. ire fo in- sen Eng- ccafion a re a long ciprocity ngdoms, natural quadron already night be ^eciiion Event ppeared that a being nduce4 I [ 200 J induced to recede from the Terms She had propofed, by an Appearance of Vigour on the Part of France, which, it was probably fup- pofed, might induce the Englilli Miniftry to apprehend a more formidai)le Oppofitioii than they might originally have expected. Be this, however, as it may, it is certain that, about this Time, the Meafures adopted by the Ru- ling Party in France, (evidently by the Sug- gellion of Spain) tended diredly to that Pur- pofe, and appeared to lead to a declared Junc- tion with that Power, in the Event of a War taking place between Her and England, The Firft Step of this Nature was tak'cn by Monf. de Montmorin, who, on the 2d of Auguft, addrefled a Letter to, the National Af- fembly, containing His Mofl" Chriftian Ma- jefty's Orders to acquaint them that England was incrcafing Her Armament, and that it would be therefore necellary (although a good Underftanding continued to fubfifl; between the Two Nations) that France fhould alfo increafe Her Forces. Monf. de Montmorin alfo in- clofed a Letter from Count Fernan Nunez the Spanilli Ambaflador at Paris, dated the i6th of June, which, he obfefved, contained the State of the Negotiations at that Time betwcei D d England ':t:t i "■"■•ng to a^7; '^"•'" the Hope of their Performance of the T V^^'^y ""<* «=>« family Compi ;, ^T'^ °' '76i. called the P-'iminary LZTltT' "" -difpenfible that Nece/rVsoI T,''^ ' '^"' ""^^^ --fe to the' 1 "7"°''''^'='''° have re. P'Wtly What ;^n e c^'d d '''" '° ="" ^- ^onjunaure. in order oJlftV""''^"^-' Point he declared .n r f '"""• O" 'his "- required Is we ."""'t '' determination -''-d%.ed\;\rco:rt'tf;;:„^i'-- \^ aaive. open, and po/h^f .^""«' *°"W 'J- Jeaft Occafion of d2 \u 1/'°'" prove othenvife he»Hw7u . """'"^ they Majefty n,.rt ^I; t ft i "d" T f '''•"'*"" 'oofc for Other Fr.end^ Ottf j^" '""''' f the Power, of Europe. XlT" """"^ ^ny. upon whofe AffiLncIshe "t'^""^ P«nd, in Cafe of Neceffity '"'«'" '^=* The t "« 1 The Dccifion of this important Queftion was referred to the Comitc Diplomatique -, the Opinion of which Body was, on the 25th of Auguft, reported to the National AfTembly* by Monf. Mirabeau the Elder. It contained an Advice to the AiTembly to empower them to examine the Family Com- pact, in order to form out of it a National Compadt, by omitting all the Articles of an OfFenfive Tendency j and, at the iame Time, to requeft the King, to order His Minifter at the Court of Madrid to enter into a Negocia- tion with the Spanifli Miniftry on thofe Grounds. The Comit^ alfo propofed two De- crees—The one. That All exifting Treaties fhall be maintained by the French Nation, un- til it fhall have revifed and modified them.— The other. That, before the thorough Exami- nation ot the Treaties, which the Nation may think proper to continue or alter, the King fhall be requefled to make known to all the Powers with which France is connected, that Juftice and the Love of Peace are the Bafis of the French Conflitution ; and that the Nation cannot admit in Her Treaties any Stipulations, which are not purely Defenfive and Commer- cial, The Comite accordingly requefled the D d 2 King •\! .'II ' Mil ' if n i,.. Wl would abide by the oVf r ""* ""« '^ey ^ontraded with Spain • That .hv"'"' ^"^ ^^ defired ,o order Hs AmLj'/'"^ *°"''' tiate with the Minift" otThe Cat V 7'°- »n order to ftren^fh. u '^"thoi.c King '-^ore Tie. wtTweT; lllffTJ^-'y' tries, and to Hx with P v """^ ^°"n- ^-H Stip^atioC'lt '^St°:rbe"'-^=' conformable to .he Vievvfof r° '"/"'"•^'y »nd to the Principles If J n '"' ^^'''' ^'--.y^ be the Scyo/t V'"' "'""''' '-;nhe .r„aj-:r; -,: -f^^^^ [ 213 ] tions of Europe, and their progreffive Increafe, and of the Security of the French Colonies and Commerce, the King (hould be deiired to order into Commiffion Forty-five Ships of the Line, with a proportionable Number of Fri- gates and fmall VeiTels. This Intelligence, which Earl Gower had tranfmitted by a Meflenger, arrived at White- hall on the 29th of Auguft; and, on the ift of September, the fame Meflenger was re* difpatched with Inftrudions to that Ambafl*a-p dor, for his Condud in this important Bufi^ nefs. ;* i By thefe, his Excellency was directed to lofe no Time in delivering to Monf. de Mont- morin a Memorial to the following EfFedt, viz. "THE Aflurances which have been re- ** peatedly given of the friendly Difpofition " of His Moft Chriftian Majefty, and parti- *' cularly thofe conveyed through Monf. de ** la Luzerne, fubfequent to the prefent Dif- ** cuffion with Spain, were received by His «* Majefty with the greateft Satisfaftion, and <• with •ri 4- ! ' - 1 !■? ■ ■1 MiS '• ■ 4 f 2'4 J W'th a perfeft Reciprocity of Sen," Correfpondencc .ithit cu'a"': " «°°'' 'heKinghasfeen.wi^;^^'"""^'-'''''*^' Concern, the ^reaf V^/ P"^' """l now ord red ,0 bt """' A™"™*"' F«nce; as Vch .?"''""' '" "^^ P''"^ of '■•on. u^de tZcUc:T''ry ^-P-- ♦• .• ^^rcumitance of the M«^ t.aUon now depending wiA ,he Co^f; Spain, carries an a« ^ourt of confiftent whh oIT'""'' '" "° ^^«^- -> ii wiin mole Sentiments of P-- j A'P which have been profeffed H ^i;''- je% has therefore tho.Jht i7 J-' ^'■ 'iireathe„nderfig„er:f;;:;-J^^^ nation of the Objeft and Deft t LnSt Armaments now carrying on in ZfL u Ports; and His Majeft; earnei^Iv ! ' €1 ti 4t *t tt t€ tt *t €( «( €€ tt tt tt tt «t tt <( it tt tt it to Monf d ' 7 "" "."' "'^^^^^ '° «P«rs • ^' '^""""""nce of Hi. .Majefly 's In" cere ^*^fc«^. f 2IJ 1 cere Defire for the Prefervation of Harmony with the Court of France ; but, at the fame Time, to obferve to the French Miniftry the obvious Impoflibility of that Harmony remain- ing uninterrupted, if that Court fhould think itfelf bound to take Part in Support of any Claims, however unfounded, which the Court of Spain might chufe to advance. ,i.' With regard to the Nature of the Prepara- tions ordered in France, and the Terms of the Decree of the National Affembly, the Duke of Leeds obferved, that they appeared calculated to give Encouragement and Support to Spain, in the Negotiation adlually depending; but, whatever might be the Iffue of that Negotia- tion, his Grace faid His Majefty was confident, that the Principles by which He had been guided would appear to be founded on the moft evident Juftice, and on the Common Rights of All Nations : That therefore, if the Terms on which His Majefty was ready to conclude a Definitive Arrangement with the Court of Spain (hould be rejeded, it would be impoflible for the French Nation, confiftently with the Love of Peace and Juftice which it profelTed, to fupport the Spaniih Pretenfions. But, ' i*; H ' Ml M I !! I ?«6 ] But, at all Events, any Meafure of Encourage- ment to Spain, while it's Ultimate Views were not fufficiently explained, muft, his Grace ob* ferved, be neceffarily fccn with the greatefl: Uneafinefs by His Majcfty, and muft tend ra- ther to produce Extremities, by encouraging unreafonable Pretenfions in the Spanifh Court, than to facilitate an amicable Arrangement. The Duke added, that, although his Excel- lency could only hold this Language Officially to the French Minifters, it was, at the fame Time, extremely delireable that the fame Sen- timents fhould be conveyed, as Opportunities might be found, to any Perfons of Weight and Influence in the National Affembly, with whom they might be likely to operate. His Excel- lency was therefo'*e direded to employ his ut- moft Attention, in difcovering the Difpoli- tion of the diflferent Political Parties on the Subject of the Family Compaft, as to the Line to be adopted by France, in cafe our Difcuf- lions with Spain fhould terminate in a Rup- ture i arid alfo to omit no Opportunity of let- ting it be underftood, that nothing but Ne- ceflity could occafion any Views to be enter- tained in this Country, hoftile either to the general Interefls of France, or to the Settle- ment h .1' J l«ri . ncourage- /^iews were Grace ob* ^le greateft ft tend ra- icouraging iHi Court, jement. ^is Excel- Officially the fame fame Sen^ ortunities ''eight and ith whom ■is Excel- >y his ut- Difpofi- 'S on the the Line : Difcuf- 1 a Rup- y of let- but Ne- 'e enter- ^r to the e Settle- ment [ 2'7 I ment of their newly-eftablifhed Conftltution j but that, on the other Hand, any Step of Affiftance to the Court of Spain would natu- rally lead to our adopting fuch Meafures, as might be moft likely to render fuch Affiftancs inefFe(StuaI. His Excellency was further direfted to exert his utmoft Endeavours to difcover what Orders might be given refped^ing the Sailing of any Part of the French Fleet i and, in cafe of any fuch being in Contemplation, the Duke of Leeds defired him to tranfmit the earlieft Notice of it to his Grace j at the fame Time conveying to the French Minifters, in the moft unequivocal Terms, his firm Perfuafion, that fuch a Step could not but give the greateft Umbrage to this Country, and, if carried into Effedt, be produdive of the moft difagreeable Confequcnces, On the 6th of September His Majefty's Minifters were informed by Earl Gower, that, on the I ft of that Month, the National Af- fembly had received the King's Sanation of their Decree of the 26th ultimo, in which they were informed that, in order to fulfil gradually their Intentions, His Moft Chriftian E e Majefty I •i: H Majefty had determined to begin by arming Sixteen Ships of the Line, which, added to thofe already put into ConimifTion, would make the Number of Commiffioncd Ships Thirty. It was, however, declared to be His Majefty's Intention, to take the proper Steps to com- pleat the Number of Forty-five, with all the Hafte the Turn of Affairs might require. At the fame Time Earl Gower gave Notice, that Three Frigates with Troops on Board, had lately failed from Rochfort to Tobago. On the 7th of September, the Marquis de la Luzerne, the French Ambaffador at this Court, waited upon the Duke of Leeds, and delivered to his Grace a Copy of a Letter from Monf. de Montmorin to his Excellency, dated at Paris, ihe 28th of Auguft. In this Monf. de Montmorin, after detailing the late Decree of the AfTembly, and dating that the Augn)entation of their Marine was juftified by the increafed Armaments of Eng- land and Spain, dircfted Mcnf. de la Luzerne to affure the Britifh Miniftry, hi the moft ex- plicit Manner, that thcfc Preparations were merely by way of Precaution, and had no other Views than thofe expreffed in the De- cree [ 219 ] cree; that the French King hoped a fpeedy and equitable Arrangement would terminate the Differences exifting between the Courts of Madrid and London j that He had received great Pleafurc from the Exchange of the De- claration and Counter Declaration between thofe Two Courts, which He confidered as a Preliminary Step towards a Reconciliation j and that His Satisfadlion would have been compleat, if that Meafure had been followed a Reciprocal Difarmament, or at leaft by a Convention not to increafe the exiftrng Arma- ments on either Side. Such a Circumftance, Monf, de Montmorin added, as it would have been a Proof of the Pacific Views of the Two Courts, would have made it unnecelTiry for His Moft Chriftian Majefty to take thofe Mea- fures of Precaution and Prudence, which He jiQW thought indifpenfible. ■i The Inftrudions which had been fcnt to Earl Gower on the ift of September, reached his Excellency on the Morning of the 4th ; and, in the Evening of the fame Day, he de- livered to Monf. de Montmorin the Memorial he had been directed to prefent. It was not 'till the loth that that Miniiler returned an Anfwer £ e 2. to \l < !* If. -r : [ 220 1 to his Excellency, in which he contented himfelf with informing him, that he had re- ceived the King's Orders to write to the French AmbafTador at London ; and that he flattered himfelf that the Explanations that Minifler had already been ordered to give, together with thofc with which he was now charged, would leave nothing to be wifhed for oy our Court as to the Difpofition and Views of France. To this vague Anfwer Monf. de Montnioria added a Copy of his Letter to Mc '^" la Luzerne. In this, after taking Notice of Earl Gower's Memorial, and his own Letter of the 28th of Auguft to Monf. d- la Luzerne, he exprefled his Surpriz*?, thi; t tiic Court of London fhould ilill demand an Explanation of the Motives of the French Armament. He affirmed, that thefe Motives, the Principles of which he ilated as already known to the Britifh Miniftry, left France no Alternative as to the Meafures JShe was to purfue ; and that the French King was pcrfuaded His Britannic Majefty would acknowledge the Juftice of them, and would not find any Reafon to fufpe(^ from them any Views contrary tQ the Main* aance of Peace, Moaf, IH I I [ 221 ] Monf. de la Luzerne was therefore inftrudcd to renew to the Engliih Miniftry the moft pofi- live Aflurances of His Mofl Chriftian Majefty's Pacific Intentions^ and of His Defire to fee the Difficulties fubfifting between the Courts of London and Madrid fpeedily and happily terminated. As a further Proof of the Pacific Sentiments of the French King, Monf. de la Luzerne was inftrudted to repeat what he had been diredcd to fay on the Subje<5t of a General or Partial Difarmament; a Meafure which» Monf. de Montmorin affirmed, in whatever Light it was to be confidered, could be pro- ductive of no Inconvenience to Great Britain, but which would calm the Minds of others, and would put an End to a burthenfome £x« pence, without aflfe^ing the juft Pretenfions of the Two Courts j and which, ihould it take Place, would immediately be imitated by the Moft Chriftian King. Although the French Ambaflador muft have received this Inftrudion on the 12 th or 13 th of September, his Excellency thought proper not to take any Notice of it to the Duke of Leeds, pr to make any Sort of Communication on the ^ubjed. This Condud he continued to main- tain. ill: lis j. ; [ 222 J tain, notwithftanding the frequent Opportuni- ties which unavoidably prcfented themfelves to him, in the Courfe of the almoft: daily Meet- ings he had with his Grace and the other Mi- niflers, and although certain Intelligence was received of the Naval Preparations in France being carried on with the moil unremitting Exertions, infomuch that Twenty-one Ships of the Line were now almoft ready for failins: at Breft, and Nine more in great Forwardnefs .t Toulon. As a Silence fo marked, and fo contrary to the Inftrudions which the French Minifler had declared to have been fent to him, became daily more and more fufpicious, the Duke of Leeds, on the 21ft of September, informed Earl Gower of this Circumftance ; and, at the fame Time, obferved, that, had this Ambaffador been more obfervant of the Orders of his Court, the Difpatch itfelf could not, either in Point of Form or Subftancc, have been looked upon as fuch an Anfwer, as we had a Right to expedt, to an Official Note, prefented by the Englifli Amballudor in Obe- dience to His Majefty's Commands. His Grace added, that, on a Subjedl fo important to the Prefervation of the good Underftanding fo happily fubfilling between the Two Coun* tiies. [ 223 ] tries, it was extremely neceflary to have a For- mal as well as Explicit Anfwer. For this Purpofe, his Excellency was directed to ftate to Monf. de Montmorin His Majefty's Ex- peculation that a Minifterial Office Ihould be given to his Excellency, in Anfwer to the Re- prefentation he had already delivered to that Minifter. The Duke of Leeds concluded by expreffing his Confidence that Monf. de Mont- morin would readily comply with this Requeft i and by informing Earl Gower that he was at Liberty to communicate this Difpatch to that Minifter. As Monf. de Montmorin was abfent from Paris when this Difpatch was received by Earl Gower, his Excellency was unable to com- municate it to that Minifter 'till the 30th of September : and it was not 'till the 4th of Odtober that his Excellency received from him in Return an official Letter* In the mean Time, however, this Conduct on the Part of France, whofe Reply had been procraftinated for near a Month, could not fail to make a confiderable Impreffion on the Minds of His Majefty's Minifters; and, as the :•)•;' ( f " [ 224 J tht Urgency of the Bufinefs incrcafed daily^ it was thought proper, on the 6th of Odlober, again to addrcfs the Court of France, for the Purpofe of obtaining that Anfwer, which She appeared fo anxious to withhold. With this View the Duke of Leeds ftated to Earl Gower, that the Situation of Affairs had become extremely critical : That the Re- ports received of the Naval Preparations at Breft reprefented a confiderable Squadron in that Port to be apparently ready to put to Sea : That the Aflurances, which His Majefty had already received, of the French Armaments being intended merely as a Meafure of Pre- caution, induced him to hope that there could be no Intention of fending this Squadron to endeavour to form a Jundion wlai the Fleets of Spain, at a Time when it was utterly im- poffible for the Court of France to reprefent fuch a Step as necefTary, cither for it's own Security, or for the Accomplifliment of any Defenfive Engagements. His Grace further ftated, that His Majefty had fent Inftrudions to His Ambaflador at Madrid, which muft very ftiortly bring the DifcuiTions depending with that Court to a decifive t 225 ] declfive liTue : That it was His MLijcily's earned Wifli, that the Negotiation might end to mutual Satisfadion ; but that, fliould this unhappily not be the Cafe, His Majefty had the Confolation of thinking, that He had de- manded nothing but what was founded on the moft evident Principles of Jufcice, and on the Common Rights of All Nations : That this would be fully proved to the Court of France, and to Europe at large, if Events fliould make it neceflary. ^- i^ I i Under thefe Circumftances, the Duke added^ His Majefty was willing to perfuade Himfelf, that no Event of the Negotiation with Spain could ultimately interrupt the good Corre- fpondence now happily fublifting between Great Britain and France j and that, in the mean Time, His Majefty confidently expeded, from the Juftice and Friendfliip of His Mod Chriftian Majefty, that, during the fliort Pe- riod which could elapfe, before He received a Decifive Anfwer from the Court of Spain, no Steps would be taken for fending any Part of the Naval Force of France, either to the Ports of Spaiuj or to any other Place, which Ff might ■4 i mi t 226 ] might indicate a Dcfign to co-operate with that Court, in the Event of a Rupture. On the Day after this Difpatch was for- warded to Earl Gower, a Meflenger arrived at Whitehall with a Letter from his Excellency, containing the Official Note from Monf. de Montmorin, which was received by him on the 4th of Odober. In this Paper, Monf. de Montmorin, after briefly reciting the Memorial delivered to him by Earl Gower on the 4th of September, and the Difpatch of the Duke of Leeds which had been communicated to him on the 30th of the fame Months proceeded toftateto Lis Excel- lency, that he had Reafon to believe, that Monf. de la Luzerne would not have lofl a Moment in communicating to the Britifh Miniftry his Difpatch of the 9th of Septem- ber; and he expreflfed his Aftonifhment at this Omiffion, which he imputed to fome unexpedled Circumftance, or fome Mifunder- ftanding. He infifted, however, that the Englifh Miniftry had had an Official Commu- nication of this Difpatch through Earl Gower himfelf, and that the French AmbaiTador had already given them the mofl precife Explana- tion [ 227 ] tion of His Moft Chriftian Majefty's real In- tentions. In confequence of this Informa- tion, Monf. de Montmorin infirtcd, that the Court of London ought to have been con- vinced, in the firfl Place, that the French King defired nothing fo much as the Main- tenance of Peace, and that He would do all in His Power for that Purpofe ; and, in the fecond Place, that if His Moft Chriftian Ma- jefty did at firft determine to arm, and after- wards to augment His Forces, He had been induced to do fo, becaufe He could not re- main in a State of Inadtion, while neighbour- ing Powers were making confiderable Arma- ments, and becaufe, if unhappily the Dif^ ferences between the Courts of Madrid and London fliould not be amicably arranged. He might find Himfelf forced to fulfil the De- fenfive Engagements fubfifting for a Number of Years between France and Spain. Such Monf. de Montmorin u: irmed to be the Objedts of the Minifterial Communications, made by the Marquis de la Luzerne, both to the Duke of Leeds, and to Mr. Pitt: and he added, that thofe Minifters had thought the Condud: of France both natural, and conform- able to Circumftances and to the Obligations F f 2 She ;h: } ' -- invariable. I'd "J . ^"'-"■^ Majcfty. hope, that the nr «• <:ontinued to SpL and En' hnd 1r/''''''"S between r " •'^^g'^^nd would /}iorflt7k« , , •n Manner atis^ory to both C„, ""''"'''•' <>rder,s by afferting That n..h ^ ^''^"'' foreign to His Senttent ' th ^"^ "'" ""= to Influence the nZTI T"^ ^"''''''°'' ^ tne l\egotiation by His Arr«« ™en,s, and that the Only Mode of in fl ."S . .atBufinefs. „hich i 'would "e™"' to adopt, was by the Exertion nfH'' Offices, /J,ould they be tholr, rr^' ^°°^ -'% by the Parties cl^tS! """'' "^ "=" ^=. X.. ™or^^;iSjr ;^- - natipn^ ^- .I [ 229 1 nation ; and he declared himfelf at a Lofs to guefs, what Irregularity there could have been in the Tranfmiflion of it to the Court of Lon- don ; 'though he aflured Earl Gower, that, if there had been any fuch Irregularity, his Ex- cellency's Silence on that Head put it out of the Power of the French Miniftry, either to rcdify or to difavow it. He infifted, however, that the moft important Point, both for the Court of London, and for that of Paris, was, that no Sufpicion fhould exiftof the Intentions or Condudt of the latter j that this Objed: ha(l been fulfilled on the Part of France ; and that therefore it was to be hoped, that the Britifh Miniftry would be the more pleafed with what She had done, as the greatell Earneftnefs had been fliewn in every Refpedt even to prevent her Wiihes. Monf. de Montmorin concluded by affuring Earl Gower, that, if any Uncertainty fhould ftill remain, the French Miniftry would wil- lingly give a further Explanation, their Views and Wifties being direded to the Prefervation of Peace, and to a fpeedy and e(juitable Ar- fangement. la I ^3^ 1 'i •} ■: i 1 n 1 1, li 1 i -If: In Anfvvcr to this Official Note, the Duke cf Leeds, on the 8th of Odobcr, wrote to Earl Govver, informing him that he was ex-^ tremcly glad the MelFenger, with his Letter of the 6th, had been difpatched to his Excel- lency previous to the Arrival of Monf. de Montmorin's Paper i as the Contents of thofe Inftrudtions would fufficiently prove to the French Minifter the Sentiments of the King's Confidential Servants in regard to the prefent Naval Armaments in France, With refpedl to Monf. de J 'ontmorin's Note, the Duke laid, there wen t Two PaiTages in it which appeared to require Obfervation. The Firil was that, wherein he flated both Mr. Pitt and the Duke to have admitted the Conduc^t of France to be Natiiraly and confor- mable to Circwnjlancesy as likeimfe to the Engage- ments entered into by that Power, In Anfwer to this his Grace Hiid, that he cer- tainly had obferved to the French AmbafladoF, that the ordering Fourteen Sail to be put in <^ommiflion, confidering the ufual Fradtice of the a^i^iii«? Republic might !^ made Ule of, in Conjun«ftion with a Squadrdn which His Majefty propofed to aflcmble forth- with in the Downs, for the Purpofe of adding Weight to the Reprefcntations already made by His Majefty, for cfFeifluating a Pacification in the North and Eaft of Europe. Hi« Ex- cellency was therefore defired to endeavour tto haften^ as much as poffible, the Equipnient of the Additional Ships actually fitting out ; and to Reprell-nt to the Dutch Miniftersy thit it appeared advifeable for iVdiHiral ICingiber- gcn's Squadron tp be ordeited Home, in order to be fupplied, as fpeedily ai poffible, with the Articles of Which it was in Want. Lord Auckland, havirig received thefe In- ilrudions, had a Conference w;th ^he Prince Stadtholder on the 19th j in wbich ^is Serene Highnefs entered, with great CordiaHty and !^eal, into the Points recommended by the Duke of Leeds j obfervinff, that the unfinillied Pifcuflion with Spalp, as well as the State of Europe in genera^ 'varrante^ s^ Continuance pf their Naval Armament. *^hG Deputations of the different Admiral- ties were et^ually convinced of the Expediency ' ^ ■ ' of "hhM ^ III i^iii f 237 1 d> and 2 ": '"! S'- Un^brage to Eng- "■"Pture to an am,cable Accoo,- modation. [ 239 1 modatlon^ there could be little Doubt of their rather difcouraging than promoting any Mea- fure on the Part of France, which was not only apparently calculated to prevent the wilhed for Accommodation between Their Britannic and Catholic Majefties, but muft, if carried into Effecft, produce the mod ferious Confe- quences. Were France, the Duke of Leeds obferved, now in fuch a Situation as to be of Ufe to Spain by bringing on a War with England, the Meafure muft be approved of at Madrid : But this it was impoffible to reconcile with either the Profeflions :r the good Senfe of the Court of Spain. The Duke however faid, that what he had above flated would be the Line of Conduft obferved by this Country, even fuppofing France in the fame Situation She enjoyed at any (the moft fortunate) Period of Her Hiftory. On the Second Day after the Meflenger left Whitehall with this Difpatch, a Letter was received from Mr. Fitz-Herbert, dated Ma- drid, the 1 6th of Auguft, by which his Ex- cellency acquainted the Duke of Leeds, that,, in a Converfaiion with Count Florida Blanca on M;ii! ^ WH M' r «4o 1 €n the 14th, that Miniiler, after expatiaiin^ on the enormous Expence and other Jnconvs* niencies attending the prefent Armaments, pb- iervedy that he could not help flattering him* felf that Great Britain might perhaps be in- duced to difcontinue them forthwith, on it's being made to appear, by fatisfadtory Evidenci? on the Part of the Spanifh Court, that, coni^i forniably to what his Excellency had mentioned in a preceding Difpatch, Orders had adually been fent to the Spanifh Governors and OfEcers in the Wefl Indies, direding them, in every Cafe of real or fuppofed Encroach*- ments committed by Britifh Subjects, to report the Matter Home, but by no Means to proceed 10 any Kind of Violence or Voie de Fait. Mr. Fitz-Herbert added, that he did not taj^e upon himfelf to return any Anfwer to thi,s' Propofal ; b , at Count Florida Blanca's par- ticular Requefl, had promifed. to lay it before His Majefty's Miniflers. To this Propofal the following Anfwer was returned by the Duke of Leeds. S I R, Whitehall, September lO, f 790. COUNT Florida Blanca and the Marquis -del Campo havifyg repeatedly mentioned the Siibjedt Iflconve* ents, pb- s be in- » pn it's Svidenc? It, COQ- entioned adhially Ofs and J them^ croach* ? report proceed 5 Fait, lot tal^c to thi^' I's par- beifoff er was ^790. arqujs ■d the iibjed { 241 j Subjedi of mutually difarming ouf refpedtlvo Fleets, it is thought neceflary that you fliould ftate to the former of thofe Miniflers, that, with every Wi(h to if^ • the prefent Difcuffions finally and amicably adjufled, it docs not appear to this Government expedient to diHirm (how- ever confiderable the Expencc of maintaining fo large a Naval Force as that at prefent em- ployed) until the Negotiation, is brought to fuch a State, as to render it's being amicably terminated, upon the Principles ftated in youi* Excellency's Inftrudtions, no longer liable to Doubt and Uncertainty. ( Signed ) Leeds. On the 27th of September, a MeiTenger ar- rived at Whitehall, with difpatches from Mr. Fitz-Herbert, dated at Madrid the 16th of September. By thefe it appeared, that, having received the Inftrudlions and Full Powers above men- tioned, his Excellency had had a Conference, on the 13th Inftant, with Count Florida Blanca ; which began on his Excellency's Part, by his communicating to the Spanifh Minifler the Paper vhich His Majefty had directed Earl Gower to deliver to Monf. de ' H h Montmoriii :4':. !|t \m ml i 3 i i 1 i 1 i ■Si 1 1 1 5i' [ 242 ] Montmorin, on the Subjeft of the recent De^* crees of the French National Aflembly, touch- ing the Family Compadt. His Excellency added, that His Majefly did not doubt, but that the Catholic King would uo Him the Juflice to be perfuaded, that thefe Meafurcs entered into by France would not induce His Majefty to recede, in the fmalleft Degree, from the Inilances which He had caufed to be made at the Court of Madrid, in order to obtain what He confidercd as due to the Honor of His Crown, and to the Interefts of His Sub- jeds : And that His Majefty was equally cer- tain, that it could be by no Means in His Ca- tholic Majefty's Contemplation, at the prefent Jundlure» to excite the French Government to any Meafures, which, by giving Ground of Umbrage or Jealoufy to Great Britain, might interrupt the Progrefs of the Negotiation be- tween the Courts of St. James's and Madrid. Count Florida Blanca, without making any diredt Reply to this Communication, anfwered, that, if Mr. Fitz-Herbert had not appointed their prefent Meeting, he fhould himfelf have folicited it, in order to talk with him confi- dentially on the Subjedl of the above men- tioned Decrees of the French National AlTem- bly. [ 243 ] hly, which, he faid, had given Rife to very ferious Reflections in the Mind of His Catho- Kc Majcfty. The Spaniih Minifter added, that Mr. Fitz-Herbert could not but have been informed of the great Concern and Uneafi- nefs, v/ith which that Prince had obferved the Progrefs of the violent Changes, that had taken Place lately in the Conftitution of the French Monarchy ; and that the Truth was, that he looked upon the National AfTembly of that Kingdom with the utmoll H firmes dans I'Efpace de Six Semaines, a comp- ter du Jour de leurs Signatures, ou pUitot fi faire fe peut, et, auflitot aprcs, les Armemens, et en general tous Preparatifs dc Guerre, feront difcontinues de Part et d'autre, et les Marines des Deux Couronnes feront remifes fur le Pied de rEtablilTement de la Paix, tel qu'il exiiloii: au Commencement dc la prcfente Annce. Fait a Madrid, &c. em- ;chei^ THIS Paper Count Florida Blanca imme- diately fubmitted to a Cabinet Council afiem- I WcJ Iti: 1 1? 'l ;''(' [ 250 ] bled for that Purpofe j and the fame Night Mr. Fitz -Herbert received from him the fol- lowing Paper, together with a Letter inviting him to a Conference on the next Day. LEURS Majeftes Catholique et Britan- nique etant difpofes a former une Convention, laqueile, en terminant les Differends qui fe font eleves en dernier Lieu entre les Deux Couronnes, ecarteroit a I'avenir et pour tou- jours de pareils Sujets de Difpute : Elles ont trouve que I'Ajuilement des differens Points necciiaircs a cette Fin demanderoit la Delibe- la plus ferieufe, de meme que des Informations prifes fur les Lieux et dans des Payes tres eloigncs, d'ou feroient refultes de grands De- lais, nuifibles au plus prompt Retour del'Har- monie et de I'Amitie, que Ton voudroit retablir et raffermir au plutot. C'efl: dans le Defir d'obvier a ces Inconve- niens que les Souffignes, par Ordre expres de leurs Sou vera! ns refpedlifs, font convenus, qu'en attendant qu'on puifTe regler et terminer rOuvrage falutaire d'une Convention definitive, telle qu'on la Defire de Part et d'autre, fur tous les Points qui interefient les deux Nations, ils declareroient, et ils declarent ce qui fuit, imo [ 251 ] I mo. Que les Sujets refpedifs de Leurs Mc\- jeftes Catholique et Britannique ne feront point inquietes dans le Port de Nootka, fes Cotes, et Ifles adjacentes, Ibit a Caufe de leur Com- merce, ou des Etabliflemens faits ou a faire ; et qu'ils feront remis en PolTefllon des Bati- mens et des Terreins qui leur auroient ete enleves aux uns ou aux autrcs ] de plus que les Sujets Britanniques devront s'abftenir d'ap- prochcr des Cotes de la Californie, et de fes Ports; le tout jufqu'a la Decifion que Ton donnera, dans une future Convention, fur les Limites, jufqu'aux quellcs doivent s'etendre les Droits exclufifs que I'Efpagne y pretend avoii:, 2do. Que jufqu'a ce qu'un Reglement foit fait dans la fufdite Convention, pour determi- ner les Droits des deux Nations dans les Mers du Sud et dans I'Ocean Pacifique, les Sujets Efpagnols et Britanniques ne feront pas reci- proquement inquiete dans ceux de la Peche ; bien entendu, que les Vaiifeaux Anglois s'ab- ftiendront d'approcher des Co'.^s et des Ports de I'Efpagne : Et Sa Majefte Britannique pro- met de Son Cote, d'employer les Mefures les plus efficaces pour empecher tout Commerce I i 2 illicite M I i Y,',' [ 252 ] ilHci'te, ou de Contrebande, entrc Ses SujetS |Bt les Pofleflions Efpagnoles. 3tio. Dans tous les Cas de Plainte ou d'ln- fradtlon des Articles de la prefente Declaration, les Officicrs dc Part et d'autre, fans fe permettre au prcalable aucune Violence ou Voie de Fait, feront tenus de faire un Rapport exad: de I'AfFaire et de fes Circonftances a leurs Cours refpedlives, qui termineront a TAmiable ces Diiferends. 4to. Les prefens Articles feront ratifies et con- firmes dans I'Efpace de Six Semaines, a compter du Jour de leur Signature, ou plutot fi faire fe peutj et aullitot apres les Armemens, et en general tous Preparatifs ds Guerre, feront dif- pontinues de Part et d'autre, et les Marines des deux Couronnc'S feront remifes fur Ic Pied de rEt^iblifTemcnt de la Paix, ct tel qu'il exifloit au Commencement de la prefente Annee. Fait a Madrid, 6cc. AT the Conference propofedby Count Flo- rida Blanca, Mr. Fitz-Herbert informed the Duke ofT.eeds, that he had ufed his utmofl Endeavours !i- '■•.:»* t 253 ] Endeavours to engage that Minlfter to alter this laft mentioned Paper in the following Particulars. ift. By expunging from the Firfl Article the Expreflions which flipulate a mutual Ref- titution of the Buildings and Lands that might have been feized by either Party at Nootka; there not being the fmalleft Reafon to ima- gine, that any Seizure of that Kind had been made by the Subjeds of Great Britain to the Prejudice of thofe of Spain. - 2d. By inferting in the Second Article, after the Word " FiHiery," an Acknowledge- ment, in exprefs Terms, of the Right of landing, &c. in all unfettled Parts of the American Iflands and Continent. 3d. By inferting, in like Manner, in the fame Article certain Words, which fliould limit the " Coafts and Ports of Spain" to fuch Places only as are in the adual Occu- pancy of that Power, and, at the fame Time, define the exadl Diflance, within which Bntidi Veflels are not to be permitted to approach thofe « Coafls and Ports.'* With ,rt« ■■11: ' ' m ■■■!l t : it:- ^ .: •.'■'■ [ -54 ] With regard to the Firft of thefe Points Count Florida Blanca faid, that the Vice-Roy of Mexico had mentioned in his lafl Letters there being Reafon to apprehend, that an Ar- mament, fitted out by Britidi Subje<5ts, in- terefled in the North-Weft American Trade, had failed from the Eaft Indies for Nootka, in the View of difpolTcfling the Spaniards of that Port J and that, though he himfelf (Monf. dc Florida Blanca) did not give much Credit to this Intelligence, it had been judged right to provide againft that Event, as it was certainly within the Bounds of Poffibility. He alfo declined admitting the Alterations which Mr. Fitz-IIerbert had propofed to in- troduce into the Second Article, alledging, that all the Points to which they related^ came within tlie Defcriptlon of thofe, which he had before ftated as impoflible to be defined precifely without previous Examination and Inquiry. For the rell:, that it appeared to him, that the Expreffions of the Article in Quellion were fuch, as to fecuie to His Ma- jei^y's Subjeds the Enjoyment of every Right which Mr. Fitz-IIerbert had ftated as belong- ing to them, and that he could ailure him, that their full Excrcife of thofe Rights would never C 255 ] never meet with any Oppofition from the Court of Spain, neither could it be impeded by the Spanifh Governors in America, whofe Hands were efFcdually tied up, both by their Inftruc- tions from Home, and by the Stipulations of the Third Article ; which Article he, at the fame Time, liatcd as a mofl important Con- ceflion on the Part of Spain, being a Derelic- tion of that Syrtem of Defence, which had been hitherto conftantly maintained by that Crown, from the very firfl Etlablifhment of it's American Poflellions. Upon the whole. Count Florida Blanca faid, that, as in framing the Paper in Queftion he had gone to the ut- mofl Length warranted by the Refolutions of His Catholic Majefly and his Colleagues in Office, he was obliged to make it his earnelt Requeft to Mr. Fitz-Herbert, to tranfmit it to the Duke of Leeds in it's prefent Shape. That, moreover, every Circumftance con- fidered, he could not but hope that the Terms of it would be accepted by the Court of Lon- don, and that, in this Hope, he purpofed fending, by this MeiTenger, an Inftrudtion to Monf. del Campo, authorizing him to fign it, in cafe His Majefty (hould approve of that Ex- pedient, as a Means of fhortening by foms Weeks l^fffftl^ h ' *'; I '■•ill '''-'■ ■ V (! [ 256 1 Weeks the Continuance of the prefent cxpch- five Armaments. Count Florida Blanca alfo pledged himfelf, not to take any Steps whatfoever in the Nego- tiation with France, 'till he fhould have re- ceived an Anfwer to his prefent Propofal. By the fame McfTengcr Mr. Fitz-Herbert informed the Duke of Leeds, that he learnt^ by politive Advices received at Madrid from Cadiz, that the Spanifli Fleet, commanded by the Marquis del Socorro, re-entered that Harbour on the 9th Inftant. It amounted to Thirty-lour Sail of the Line, having beeii joined during it's Cruize by Four Ships from Ferrol, One of them of 112 Guns, and the other Three of 74 each. Six Ships of the Line, One of which mounted 80 Guns, and the others 74 each, were to be coppered im- mediately, and victualled for between Four and Five Months j and it was underflood at Cadiz, that they were to fail in the Courfe of the next Month for the Weft Indies, under the Command of Don Gabriel Ariftizabal, Two Ships of the Line, lately returned to Cadiz from Ceuta, were alfo under Sailing Orders for Lima, On rl [ 257 ] On the 2d of Odober, a MefTenger was dlf- patched to Mr. Fitz-Herbert, with the In- Arudtions which His Majefty had commanded to be fent to that Minifter, for his Diredliori in the very important and critical Negotiation in which he was engaged. His Majefty's Minifters obferved, that the EfFed: of thefe Inftrudtions mud be decifive on the Alternative of Peace or War; as neither the Circumftances of the Negotiation, nor the relative Situation of the Two Countries and of other Powers, could allow of any further Delay. That the Projet of a Declaration, which Mr. Fitz-Herbert received from Count Florida Blanca, was in many Refpedts unfatif- fadlory, particularly as it would leave open to fubfequent Explanation and Difcuflion Points which it was eflential now to bring to a precife and final Decifion. On this Ground, the Duke of Leeds in- formed Mr. Fitz-Herbert, that he had it in Command from His Majefty to ftate to him, that that Declaration was utterly inadmiflible ; and that it would have appeared very doubtful, Kk if 1 1 'If- 1 ^'. IIm : 1 ■I ! , I. I t,.i I 258 ] if that Paper had not been accompanied by other Circumftances mentioned in his Difpatch, whether any Advantage could have been hoped for from a farther Continuance of the Nego-» tiation. The Account, however, which his Excel- lency gave of the Communication made to him by Count Florida Bkaca, and the Opi- nion which he exprefled, that the Spanifh Court was really anxious for an Accommoda<« tion, appeared to His Majefty to deferve the moft ferious Attention. This had determined His Majefly to make one farther Effort, in order to avoid, if poiTiWe, the Interruption of Tranquillity, and to being to a Teft the Sincerity of the Profefllons made by the Spa- nish MiniAer, in the Name of his Court. It certainly was not probable that Count Florida Blanca would have committed himfelf fo far oil Points of fo much Delicacy, unlefs it had been prcvioufly determined by his Court to go fome confiderable Length, in order to avoid a Rupture with tins Country : And it was ilill polTible, that the Spanilh Court might be made ienlible of the Neceflity, for that Purpofe, of jjcceding to the Principles to which His Ma- jefty, [ 259 ] jefty, on his Part, thought it neceflliry to ad- here. The Language held by Count Florida Blanca, on the Subjedl of France, was alfo en- tirely conformable to the Sentiments which he had always appeared to entertain ; and it was certainly a very natural Policy on the Part of Spain, in the prefent internal Situation of France, and with a View to the general State of Europe, to abandon a Connedion, the Ad- vantages of which, either in the prefent Mo- ment, or for the future, muft noVv be confi- dered as very precarious, and to endeavour to form a real and folid Union with this Coun- try. Such an Event, if it fliould take Place, would undoubtedly be In the highefl: Degree beneficial to the Interefts of this Country, and would greatly contribute to the future Repofe of Europe. His Majefty had therefore too ftrong a Senfe of the Importance of this Ob- je(5l, not to be defirous of improving, as far as pofTible, the Opening which had been given by Count Florida Blanca's Converfiition. The Chance v/hich was thereby afforded, of flill obtaining a fatisfa(Jlory IlTue to the prefent Negotiation, together with the Poflibility of fpeed'Iy fecuring the Benefit of the DilTolu- tion of the Family Compadt, and the Efta- K k 2 blifhment w i m- It I ^ ('■ r 260 ] bUHiment of an intimate Connexion between Great Britnin and Spain, were confidered as over-ballancing any Inconvenience which was likely to arife, from allowing fuch a farther Interval as might be neceflary for Mr. Fitz- Hcrbert's executing thefe Inflrudtions, The Duke, however, obferved, that thefe Motives would not induce His Majefty to ad- mit of any greater Delay, than was ablblutely requifite for afeertaining how far the great Ends in View could be obtained j and, indeed, if it were at all to be hoped thut the Court of fpain could be brought to a fatisfadlory Ar- rangement of the Points in DifculTion, and was in Earneft in wilhing afterwards to form fuch a Connedlion with this Country, a£ had been fuggefted by Count Florida Blanca, the firft Part of the Work might certainly be compleated within a few Days after Mr. Fitz- Herbeit's receiving thefe Inftrudtions. His Excellency was therefore defired to underftand, that the Sentiments which his Grace was now to ftate to him, were Final and Unalterable: And if he ihould not be able to bring the Difcufllon to a very fpeedy Conclufion, it would be His Majefty 's Pleafure (as fliould be more [ 26i ] hwre particularly ftated to him in a fepaiatc Difpatch), that he fliould entirely break off all Negotiation. In order to explain to Mr. Fitz-Herbert more fully the Language which it was His Majefty's Pleafure that he fhould hold on the prefent Occalion, the Duke of Leeds proceeded to flate to hin. the principal Objedions to the Declaration which he had tranfmitted. The great Objed which His Majefly has had in View, and to which the Inftrudtions witli which Mr. Fitz-Herbcrt had already beenfur- niflied had uniformly been directed, was that of effedually fecuring the Rights and Interefls of His Subjeifts from being queftioned here- after, and of removing all Caufes of Mifunder- flanding between the Two Courts. This Objedl could in no Degree be obtained by Count Florida Blanca's Projet. The Preamble referred to the ImpofTibility of fettling the dif- ferent Points in Difpute without long Dif- cuflion and Examination on the Spot, and (lated this Convention as mads en atten- dant, 6cc. The Stipulation rcfpeding Noot- ka (independent of the Objedions to the Terms in which it was drawn with refpedt to a Reciprocal h ■ ^fT'^' " f ■ .'(gjwyMVfi [ 262 ] Reciprocal Reflitution) was made binding only 'till a future Decifion of the Limits of the Ex- cluflve Rights of Spain. He beiides ftipulated at prefent, that Britifli Subjeifls fhould not ap- proach the Coafts of California; under which Name the Spaniards may hereafter comprize any poflible Extent of the Territory in Dif- pute. In like Manner, the Right of Fifhery (befides being fubjetfl to the Condition of not approaching the Ports or Coafts of Spain, without any Explanation of the Term " Ap- ** proaching," and without fixing what are thofe ** Ports and Coafts") was made binding only until a Regulation fhould be formed in the propofed future Contention, to determine the Rights of the Two Nations in the South Sea and the Pacific Ocean. The propofed Engagement, for the Preven- tion of Contraband, was conformable to what His Majcfly propofed, and was in itfelf free from Objection. But no Security would be obtained under this Article for Landing, even for the Purpofes of the Fifliery ; and no Provifion whatever was made for forming Settlements in unfettled Parts of the Continent, either to the North or the South, nor was the general Prin- ciple even- atHis from ained the /ifion Its in the rin- iple [ 263 1 ciple, that unoccupied Plages are open to Set« tlement, admitted. The Third Article would not in it's Prin- ciple be liable to any Objedtion, and might very properly form a Part of a Convention, which was, in other Refpedls, fati^fac^tory. But fuch a Stipulation could not be accepted as a Subftitute for that clear and precife Se- curity, which His Majefty thought it Indif- penfible to obtain for His Subjects, in the Excrcife of their juft Rights. The Fourth Article was only a Matter of Form as to what relates to the Ratification. On the Subjedt of the Difarmament Mr. Fitz- Herbert was informed that he (hould receive feparate Inftrudlions ; but that neither of thefe Two laft Articles was immediately connected with the Obfervations to made on the general Principle and Refult of the propofed Conven-. tion. The general and decifivc Objedtions to it in it's prefent Shape were, that it did not afcer-- tain, with fufficient Precifion, even what was meant to be the Subjedt of the prefent Agree- ment J that it fettled nothing definitively, but only with a Reference to fubfequent Negotia- tion ; and that, by that Reference, it left ppen the main Subjedt of Difpute, and might even if-- I i if • [ 264 ] «ven 'give Room for the Court of Spain to aflert, in it's full Extent, the Whole of the exorbitant Chiin which gave Rife to the pre- fent Difcuilion. It being His Majefty's firm Intention to ad- here to thofe fundamental Principles, by which He had hitherto been guided in the prefent Negotiation, Mr. Fitz-Herbert was informed, that He could never confent to leave any Thing to fubfequent DifcufTion, by which thofe Prin-* ciples could at any Time be called into Quef- tion. . His Majefty's Minifters thought it neceflary alfo to obferve, that, even if the Pretext al- ledged by the Court of Spain for avoiding a Definitive Arrangement, (that is, the Necef- fity of a Reference to America for local Infor- mation) applied to any of the Points contained in the Projet which the Duke of Leeds tranf- mitted to his Excellency, it could only be to that of the precife Demarcation of the Limits, and not to any of the other Points contained in the Projet originally tranfmitted. The Ar- ticles for the Reftitution of the Buildings and Tradls of Land of which His Majefty's Sub- jeds were difpofleflcd, and that which provides that the Subjedls of either Crown fliall not give pain to of the he pre- 1 to ad- ' which prefent brmed. Thing e Prin-» t Quef- scefTary ;xt al- iding a Necef- Infor- itained tranf- be to imits, tained c Ar- is and Sub^ Dvides ^ r.Jt giv-e [ 265 ] give any Moleftation or Difltirbance to th-? Subjedls of the other in navigating or carrying on their Fiflieries in the Pacific Ocean or South Seas, or in Landing on the Coafls thereof for the Purpofe of carrying on their Commerce with the Natives, or in making Settlements in Unoccupied Placts, contain the eflential Points on which His Majefty thought it indifpcnfibic to infift i and the Juftice and Propriety of thefe Articles depended upon Principles, on which the Court of Spain, if it were difpofed to fpeak out, muft be as well able to decide in the prefent Moment, as it could after any Length of Time employed in collecting further local Information in America. His Grace added, that the Queflion of the Reflitution of Nootka and the other Trad:s of Land muft depend folely on thefe Points i Whether Spain claims them on the Guund of a fuppofed general Right of exclufive Sove- reignty, in that Part of the World, or of al- ledged prior Difcovery, or any other Ground ind<"pendant of edabliilied Occupation and Pofleflion j or laftly, whether it could maintain that fuch Occupation and Pofleflion adually exifted prior to the Time when the Laads were purchafed, and Buildings ereded by L 1 His i-< . ■ \l I I? V '\ [ 266 ] His Majefly's Subjeds. Thefe were all Points on which the Court of Spain mufl: be fuppofed, after all that had pafTed on the Subjedl, to be as capable of deciding now as it could be at any Time hereafter. In like Manner, the Security for the Navigation, Commerce and Fisheries of His Majefly's Subjects (liable to fuch Pro- vifions as may be made for preventing illicit Trade to thofe Parts acflually in the PolTeflioii of Spain) depended folely upon the fundamental Qiieflion, whether that Crown did or did not infifl upon, and maintain, an exclufive So- vereignty over the Continent in Queftion, and the Seas adjacent. If therefore Spain Ihould pcrfiil in refufmg a diftindt and final Settle- ment on thefe Points, under Pretence of making further Inquiries, fuch a Condudt could only be confidered as a Proof of wifliing to gain Time, in order ultimately to contefl the Principles themfelves on which thefe Articles are founded. With Regard to the 3d Article, which propofed the Specification of certain Limits, within which His Majefty's Subjedts fhould be retrained from making any Settlements, it might more plaufibly be urged, that Time is neceffary for colleding local Information ; but Points ppofed, :, to be ; at any Jecurity ifheries ch Pro- g illicit )ireflion imental did not ive So- 3n, and fhould Settle- hce of t could ling to eft the Lrticles which imits, (hould nents. Time tion ; but [ 267 ] but it mu^ be confidered, that in fettling thefe Limits Mr. Fitz-Herbert was impowered, by the Duke of Leeds's former Inftru(ftions, to admit of a Degree of Latitude in the Ap- plication of the Principles ft.ited to him, which would make it almoft certain that thofe Limits would in Fadl comprize a greater Ex- tent of Territory than any which, on the moft minute Inveftigation, could be fliewn to be ad:ually occupied by Spain ; and that it certainly would have included fome confide- rable Tradts, which there was every Reafon to believe fall under this Defcription, A Nicety, with Refpedt to minute Points, could not, on cither Side, be of fo much Importance as a fpeedy and conclufive Termination of the Dif-- cuffion ; And if, contrary to Probability, any Diftridts fliould, in any Inftancc, have been ex- cluded to which the Principle of Occupation really applied, they muft be of a very recent Date indeed, and, comparatively, very incon- liderable, if the Court of Spain itfelf had no Knowledge of fuch Occupation without fredi Reference to America j and confequently they muft b? greatly overbalanced by the probable Extent of the Limits in other Parts, beyond what adual Enc^uiry would juftify. In Addi- h 1 z tioQ rffT^ [ 268 ] tion to all this it was to be remembered, that, even if any fuch Inftance {hould be found to exifl of any Diflricft, without the Limits which might be fixed, being actually in the Occu- pation and Pofllfllon of Spaniili Subjc(fts, that that very Pofllflion would flill remain, and, inftead of being difturbed, would be fecured and confirmed by the Principle and Terms of the propofed Convention. On thefe Grounds it feemed reafonable to fuppofe that, if the Court of Spain fliould once accede to the Principle of the foregoing Articles, it would not hefitate to fix the Limits in the Manner propofed, without any further Reference, It even appeared to His Majefly's Servants, that fucli an Article muft have been thought preferable, on the Part of the Court of Spain, to the Declaration only of the general Principle, by the fair Applica- tion of which, they would probably not be able to claim fo extenfive an exclufive Terri- tory, as that which this Article would fecure 10 them. It alfo appeared to be defirable for both Parties, for the Reafons given in his prace's former In^rudlions, as tending to re- piQve any Difpute hereafter, as to what fliould be deemed Proof of Occupation, or wha^ was lec erri- ure e for his o re- iiould wha^ was [ 269 ] was the Extent of the Dominions fo occupied \)y Spain, at the Time of forming the Agree- ment. For the fame Reafon, His Majefty would ftill prefer that fuch an Article fhould make Part of the propofed Convention ; but, at the fame Time, as his Excellency had al- ready been informed, all which His Majefty thought indifpenfible, was comprifed in the Two preceding Articles j and, as Count Florida Blanca (although by his Projet he would leave every Thing open to fubfequent DifcufTion) appeared to reft his Objedion to a prefent De- cifion principally on this Point of Demarcation of Limits, His Majefty would not objedl to the entire Omiffion of fo much of the Third Article as related to that Objedl. It would be fufficient that the general Right to form Settle- tlements in unoccupied Places fliould be fecured by the exprefs Terms of the foregoing Article ; and the Queftion of Occupation, if it ever Ihould come into Difcuflion, might fafely be left open to be decided, in all Inftances, as it evidently muft have been left in fome, on the general Principles of the Law of Nations. As the latter Part of the Third Article was evidently in Favor of Spain, and as it was, in Fadt, adopted in Count Florida Blanca's Pro- jet, his Grace obferved, it was not neceffary to III ;ii|[il ^fif ■'liPi^ [ 270 ] to make any further Remark upon it, than that, in cafe the foregoin;^^ Pari of the Article iliould be omitted, the concluding Words of the latter Part mufl changed from " Compre- •* hended within the above Limits" to " ac- ** tually occupied by Spain." The Fourth Article was one, the Motive for infcrting which, his Grace ftated to have been, fufficiently explained in his former Difpatches, He now obfcrved, that His Majefty continued to think it mutually dcfireable, and that it was probable that the Court of Spain, if it acceded to the other Points in Queftion, would be willing that this Article {hould form Part of the Con- vention : But that His Majeily had no material Objedion (if the Court of Spain fhould prefer it) to waive both this Article and the 5tb, which was originally fuggefted only as likely to be acceptable to Spain. From what was now llated, Mr. Fitz- Her- bert would be enabled to fee that it was His Majefty's Pleafure that he fliould firmly infift upon what were the ift and 2d Articles of the Projet which the Duke of Leeds tranf- mitted. That the Part which flood as the 3d Article, relative to fixing Limits, might be omitted, if the Court of Spain defired it j but that His Majcfty would prefer it's making a Part \ I. I ■ • I than iticle rds of npre- " ac- ve for : beea tches, tiimed it was ;ded to villing I Con- iaterial prefer 5tb, likely Her- ras His infifl les of tranl- the 3d [ht be but ;ing a Part [ 271 ] Part of the Convention ; and that, in that Cafe, the Blanks mufl be filled up on the Grounds flated in the former Inftrudlions. That His Majefty was willing to retain, in either Cafe, the latter Part of the 3d Article refpedting the Prevention of illicit Trade. That it alfo ap- peared dcfireable to retain the 4th Article ; but both the 4th and 5th might be omitted or in- ferted at the Option of the Court of Spain. His Excellency was alio authorized to leave it to the Option of that Court to omit or in- fert in the Definitive Convention the 3d of the Articles propofcd bp by by Count Florida Blanca, but as that Article was not included our original Demand, His Majefty did not think proper to make it an indifpenfible Part of the Ultimatum on which he was to infift; although His Majefty trufted the Court of Spain would not withdraw fo equitable a Pro- Tifion. The Duke however added, that His Majefty confidered it as extremely defireable, as containing an additional Security for the maintenance of thofe Principles of the Law, on which Plis Majefly's late Demand of Satisfac- tion was grounded and acceded to by the Court of Spain. To the Articles above mentioned it would be proper to add one, in the ufual Form, re- fpeding ^, .a^ '*T.> .V»,^. Vsi^, IMAGE EVALUATION TEST TARGET (MT-3) A ^ A, A ^ <^ 1.0 ||=LL 11.25 US ■ 40 Ui 2.2 U ii.6 — 6" "< HiotograpMc Sciences Corporation 1<3 WEST MAIN STREiT WEBSTER, N.Y. )4SS0 (716) 872-4503 1 v.. •i I.i [ 272 ] fpedling the Ratification as propofed both in Mr. Fitz-Herbert's Projet before dated, and in that delivered to him by Count Florida Blanca. The Duke added, that it might alio be ad- vifeable, if his Excellency fliould find that it would facilitate the Conclufion of the Conven- tion, to infert an Article (conformable to the Second Article in the inclofed Projet), ftipu- lating a reciprocal Reftitution of any Place which might have been captured, and a Repa*- ration of any Injuries which might have been committed on either Side, during the prefent Difcuflion. The Duke further ftated, that he had before remarked to his Excellency, that the Stipula- tion for reciprocal Reftitution at Nootka, as propofed in Count Florida Blanca's Projet, was liable to Objedtion, and that the firft: Ar- ticle muft ftand as originally propofed : But that there could be no Inconvenience in admit- ting a diftindt Article providing for any other Cafe which might have occurred, and though it was not effential, it feemed more defirable that it fliould be inferted than not. Having thus particularly fl:ated all that ap- peared neceflary for Mr. Fitz-Herbert's In- llrudion. both m I, and in Blanca. b be ad- d that It Conven- le to the ), ftipu- ny Place a Repa^ jave been e prefent ad before ; Stipula- ootka, as Projet, firft Ar- fed: But n admit- ny other |d though defirable that ap- lert's In- Ilru^Slion, [ VI ] flrudion, with refpeift to the Points on which he was finally to infift, the Duke faid he had only to add, that in convcrfing on this impor- tant Subjedt with Count Florida Blanca, his Excellency fliould particularly remind him of the Language, he Ib.ted him to have held, purporting, that the Exprellions ufed in his Projet were fuch as to fecure to His Majelliy's Subjedts the Enjoyment of every Right which Mr. Fitz-Hcrbert had ftated to belong to them ; and that he could allure hiin, that th'jir full Exercile of thofc Rights would meet with no Oppofition. On this it was obvious to remark, that if that Minifter was in Earneft in this Language, he muft be confidered as waiving any Objec- tion to the Juftice and Propriety of our Claims, and he mufl be vvillincx that thofc Rights fliould be fccured. The Articles propofcd by him, profeiTedly for this Purpofc, appeared, however, to His Majcfty's Servants to be to- tally infutiicient for accomplinnng it, and to leave all thofe Rights precarious. The Ar- ticles which Mr. Fitz-Herbert was now in- ftruded to infill upon, could not, by any pofiible Conftru^ftion, be argued to give any Thing more than the Security of the Rights referred to. On this fhort State of the Qucfiion, it M ni was ;ff rpfw-^ [ 274 ] was inipofTiMc that a Rejcdion of thefe De- mands ihould not be confidcred as a Proof, that the Court of Spain either was not finccrely de- lirous of an Accommodation, or was unwilling to give, diftiiiifliy and unequivocally, that Se- curity, which the SpaniHi Miniftcr argued to be in Fad: contained in the very Articles which he had himfelf fuggeflcd. The following are Copies of Two Plans of Projets alluded to in the preceding Difpatch, the one with and the other without a Demar- cation of Limits ; the fcparate Articles of which were marked in the Margin with the Words ** Indifpcnfibk'' and " Optional,'* as in the pre- fent Copies. Draft of Projet, with a Demarcation of Limits. Article L IT is agreed, that the Buildings and Tradts of Land on the North- Weftern Coaft of the Continent of America, or of the Iflands adja- cent thereto, of which the Subjeds of His Bri- tannic Majefty were difpoflefTed by a Spanifh Othcer in or about the Month of April in the Year 1789, (liall be reftored to them. Indljpcnfble, Article ' ,'1 hefe De- ^roof, that :erely de- unwilling , that Se- irgucd to es which Plans or Difpatch, I Demar- of which e Words the pre- narcation [ 275 ] Article II. ^ It is further agreed, that Reparation, accord- ing to the Nature of the Cafe, (liall he made for any other Adls of Violence which may have been committed by the Subjeds of Either of the Contracting Parties againft the Subjecfts of the other, fubfequent to the iMonth of April. 1789; and that in cafe any of the laid rc- fpedlive Subjedts fhall, within the fame Period have been forcibly difpofTeiTed. of any Lands.' Buildmgs, Veffels, Merchandize or other Pro« pcrty on the faid Continent of America, or in the Iflands or Seas adjacent, the famefhall be reflored to them, or Compenfation made for LolTes fuftained. Optional, d Tradts ft of the ids adja- His Bri- Spani/h April in :m. Article Article III. And, in order to prevent all Occafions of Jealoufy and Mifunderftanding in future, it is exprefsly agreed, that the Subjedts of each of the Contradting Parties refpcdively (hall not give any Moleftation or Diflurbance to the Subjedts of the otiier, in Navigating or Carry- ing on their Fiflieries in the Pacific Ocean or M m 2 South I I 1 1* ' I n !» 'V-i; [ 276 ] South Seas, or in Landing on th* Coafls thereof, in Places unoci iipicd by the Subjcds of the other Party, for the Purpofe of carrying on their Commerce with the Natives, or in making Settlements in Unoccupied Places ; fubjed: neverthelcfs to the Provifions herein after lllpulated with Refpeift to fuch Naviga- tion, Commerce, Filheries and Settlements, htdifpenfibk. Article IV. But, from a Dcfire to remove all Ground of Appr^hcnfion, which His Catholic Majefly might entertain, of -ix-wy Interference with the Anc::nt and Ellabliilicd PoiTefhons of the Crown of Spain, or of any Occafion being given to the carrying on a Contraband Trade Vtith tlie fdld PoflliTions, His Britannic Ma- jelly engages that His Subjeds fhall not form any Settlements in any P.irt of the Weftern Coafl of America, between Degree North Latitude, and Degree South Latitude, or in any Part of the Haftern Coall of South America, North of a Line drawn from to (ir carry on any Commerce within the faid Li- pits. 'Hrl [ 2/7 I n.its. And His Majcfly alfo engages ,o take the molt cffeaual Meafm-es to prevent the Navgnt.or,. f;,1,ery, or Commerce of His Sul,- jefts, m tl,e Pacifie Ocean or Son.h Seas, from being made a Pretext for Illicit Trade with the Spamfl, Settlements , and particl.rly that, for H . rf ' ''"' ^''^'''y °' Navigation of Hts Subjeds mall not be carried on withia Leagues of any Part of the Coaft comprehended within the above Limits. Oftionat, Article V. And. for the future Prefervation of Harmony and Good Under/landing, it is mutually agreed between the Two Contraaing Parties. 'that, as well m the Places which His Catholic Maiefty has engaged to reftore to the Subjc<5ts of His Brttannic Majerty. as in all other Places on the North-Weftern Coarts of America, or of the Iflands .djacent thereto, above the faid .,, , , , ^^bere any Settlements toll have been made by the Subieds of eitlier Crown fince tiie Month of Anril lySo or ftall hereafter be made, the sUjefts of the ether (hall have full Liberty of Accefs. and of carrying ifffWf'h'^ hi [ 278 ] carrying on their Trade, without any Molefta-- tion. OpiionaL Article VI. And it is further agreed between the Two Contrading Parties, that no Settlements fhall be formed hereafter, by the Subjects of Either of the Two Crowns, in any Part of South America, South of on the Eaftern Coaft, or of on the Weftern Coart:, fo long as no Settlements fliall be formed thereon by the Subjeds of any other Power. Optional. Article VII. In all Cafes of Complaint or Infradlon of any Article of the prefent Declaration, the Officers of Either of the Contrading Parties, without previoufly making Ufe of Violence, or Forcible Means, fliall make an Exad and Circumflantial Report of the Affair to their refpedive Courts, who will fettle the Matter in Difpute in an Amicable Manner. Optional. N. B. This Article is taken precifely from the Third Article of Count Florida Blan- ca's Projct. Draft r 273 J Draft of Pkojkt. without a Demar. cation of JJmits. Article r, IT is .greed, .hat the Buildings nnd Tm^s of Land on ,I>c North Weft Coail „f the Con- mcnt of Amcriea, or of the Mauds adjacent thereto, of which the Subieils of His bT tann,c IWajcft, were difpotrcrcd b, a SpaS; I' car 1789. lull be reftored to tliem. Article 11. in ft!! ^TZ "^'""^' ••"" ^'=P"="=°". "-'^ord. •ng to the Nature of the Cafe, ftall be made for any other Afts of Violence or HoftS if 5 .^'"'^^ °f "'^ Contrading Parties againft the Sulijefts of the other IZ to the Month of Arril ,,q. i' '"'"^'J^"' anv nf ,1,, /■ J r^ ' 7^9' and tliat in Cafe any of the fa,d refpeftive Subjefts a,all. with- poffclTed of any Lands. Buildings, Veffe ^'^^.''-'''-. or other Property ^n' .he ^^' Continent of America, or [„ .1 Iflands ^^ Seas r 28° ] Seas adjacent, the fame Hiall be rcdored to to them, or Compenfation made for the Loflcs* fuflalned. Optional* Article III. And, in order to prevent all Occafions of Jcaloufy and Mifundcrftanding in future, it isex- prefsly agreed, that the Subjects of Eacli of the Contracting Parties rcfpedtively, fliall not give any Molellation or Difturbance to the Subjedts of the other, in Navigating or carrying on their Fifherics in the Pacific Ocean, or South- Seas, or in Landing on the Coalls thereof, in Places Unoccupied by the Subjedts of the other Party, for the Purpofe of carrying on their Commerce with the Natives, or in making Settlements in Unoccupied Places. hidijpcnjlhk , Article IV. His Britannic Majeily engages, to take the moft cffcdtual Meafurcs to prevent the Naviga- tion, Fifliery, or Commerce of His Subje*Sls, in the Pacific Ocean or South Seas, from being made a Pretext for Illicit Trade with the Spanidi Settlements ; and particularly that, for that PurpQf,?j I aSi ] Purpofc, the FIflierjr or Navigation of His Subjedls fhall not be carried on within Leagues of any Part of the Coaft adually oc- cupied by Spain. Optional, Article V. And, for the future Prefervation of Har- mony and Good Underftanding, it is niutuilly agreed between the Two Contradt ng Parties, that, as well in the Places which His Catho- lic Majefty has engaged to reftore to the Sub- jedls of His Britannic Majefty, as in all other Places on the North- Weftern Coafls of Ame- rica , or of the Iflands adjacent thereto, where any Settlement fhall have been made by the Subjeds of Either Crown fince the Month of April, 1789, or fhall hereafter be made, the Subjcdls of the other fhall have full Liberty of Accefs, and of carrying on tlieir Trade with- out any Moleflation, Optional. Article VL And it is further agreed between the Two Contrading Parties, that no Settlements fhall be formed hereafter by the Subjects of either Nn of i it: [ a8* 1 of the Two Crowns in any Part of South America, South of on the Eaftern Coaft ; and of on the Weftern Coaft, fo long as no Settlements fhall be formed thereon by the Subjects of any other Power. OptmaU Article VII. In all Cafes of Complaint or Infradion of any Article of the prefent Declaration, the Officers of Either of the Contra(5ling Parties, without previoufly making Ufe of Violence or Forcible Means, fliall make an Exadt and Cir- cumftantial Report of the AfFaLr to their re- fpedtive Courts, who will fettle the Matter ift Difpute in an Amicable Manner. Optional, N. B. This Article is taken precifely from the Third Article of Count Florida Blan- ca's Projet. I N the Separate Difpatch before alluded io (which accompanied that of which a Detail was lad given) the Duke of Leeds ftated to Mr. Fitz -Herbert, on the Suppofition of the prefent [ s83 ] prefent Negotiation terminating amicably, and of Count Fio '.da Blanca's returning to the Subjcft of Difarming, that the Enormous Ex- pcnce rcfpedively incurred by Both Countries, in Fitting out fuch confiderablc Fleets, could not but render it highly to be wiflied, on both Sides, that CircumAances might permit a fpecdy Redudion of this heavy T3ranch of Public Expenditure. That the Moment our Dif- ferences with Spain fliould be finally adjufled, we trufted our Mutual Confidence would be a ftronger Security, in refpc*^ to our Difarming on both Sides, than any Formal Stipulations could afford. With Refpe(5t to the particular Mode of dif- arming, His Grace obferved, that it might be difficult to come to any precife Stipulation on that Subjecft. Mutual Confidence would, he trufled, prevent any Jealoufy or Sufpicion be- tween us; and his Grace declared himfclf to be convinced the Court of Spain would enter into the Juftice of our Motives for not binding ourfelves to reduce our Navy precifely to our Peace Eftablifliment, in the Firft Inftancc. We certainly could not take fuch a Step, 'till France (hould have reduced Her Navy: And there might be many other important Reafons N n 2 for n 1 im^ 1 I •^•- ' ■ f\ : 1 ',,. 1 11 liiitpf 'l , r 1 1. i^ 1! l| 1 ■ I [ 284 ] for not being too precipitate in our Redudllons, during the pr..fent unfettled State of Europe in gener.lj both which Confiderations would, his GrK'c was convinced, be admitted as wor- thy of Attention by Count Florida Blanca. The Duke further ftated, that His Majefty's Minifters were perfuided Spain was not only equally interefted, but equally difpofed with England, to prevent any material Alteration in the Relative fituation of the feveral Powers of Europe. That the only Quarter, from which this Situation appeared liable to Difturbances, was tlie Court of Peterfburgh j and the Reluc- tance with which that Court appeared to liften to the Propofals of an Accomodation with the Porte, fhort of a Material Difmemberment of the TurkiQi Dominions, could not but render it incumbent on the Allies to be prepared to defend a Syftem of Moderation, which the Emprefs feemed fo unwilling at prefent to adopt, and which it feemed fo material for every other Power to fee fecurely eftablifhed. By the fame Meffenger, the Duke of Leeds informed Mr. Fitz-Herbert, that the Propofals hereinbefore detailed, mufl be confidered as conftituting the Ultimatum of this Court ; and that the Great Expence attending our Prepa- rations, [ 285 ] Ktlons, as well as the Maintenance of the Ar- mament adually ready for Service, joined to the natural and juft Expe^ations of the Public, could not admit any further Delay in coming to a Decifion on the Points now at I/Tue be- tween the Two Powers. For thefe Reafons, his Grace direded that AmbafTador fo inform Count Florida Blanca, in the moft explicit, though, at the fame. Time, the leart ofFenfive Manner, of the Im- poffibility of our admitting any further Pro- craftination in the Ultimate Decifion of his Court. And his Grace added, that, after communicating the feveral Propofals to Count Florida Blanca, Ten Days appeared fufficient for an Anfwer to them ; and that, in cafe a Satisfadory Anfwer fliould not be returned within that Period, it was His Majefty's Plea- fyre, that his Excellency fliould quit Madrid, without taking Leave of the Spanifh Court, and fliould forthwith fet out on his Return to England. In another Difpatch of the fame Date, and forwarded by the fame Mefl^enger as the pre- ceding, the Duke of Leeds found himfelf obliged to exprefs his Regret that, during fo important ' i ' 1 :'• Ft - w 1 1- f ; 1 •' ■ lli 1 ■; :i? !■■ ' 1 ( I [ 286 J important a Negotiation as the prefent, an}f frefh Circumftance fhould arife capable of exciting Complaint on the Part of either Power. The unjuftifiable Treatment, however, which a Spanifh Officer had obferved towards the Captain of a Britiih Weft-Indiaman, in the Gulph of Florida was of fuch a Nature as to render Complaint on our Part abfolutely ne- teffary. His Grace ftated, that Captain Macdo lald, of the Trelawney Planters Weft-Indiaman, the Objecft of the Spanifli Officer's Cruelty, had been examined upon Oath, touching the particular Circumftances of the Cafe, and he inclofed to Mr. Fitz-Herbert, the Depofition of that Gentleman, as well as thcfe of fcveral other Perfons who were on Board his Ship,^ feme of whom were likewife with him when on Board the Spanifli Frigate. Thcfe were accompanied with the Depofition of Captain Steel, of the Louifa, (another Weft-Indiaman) who, having fpoke the Trelawney Planters, parted Company a (hort Time previous to her being ftopped by the Spaniards, and was exa- mined to the Point of the Courfe held by this latter Veflel, in confequence of which fhe was difabled from getting clear of their Squadron. Suppoling ^T* nt, any able of Power. which rds the in the e as to tely ne- ;do lald, diamany Cruelty, ling the and he :pofition ■ fcveral is Ship, n when fe were aptain iaman) anters, to her s exa- y this e was ron. [poling [ 287 ] Suppofing the Spanifli Commander to have entertained any reafonable Grounds of Sufpicion of her carrying on a Contraband Trade, the flopping, or even examining the VefTel in a proper Manner, when found fo near the Coaft of the Spanilh Dominions, would fcarcely have authorized Complaint : A Proof, however, of Delinquency on the Part of Captain Mac* donald, could not, as his Grace obferved, in any Event, have juftified the barbarous Treat- ment he experienced on Board the Spanifh Frigate. The Conduct of Don Francifco de Videl, was, as his Grace trufted, rather to be at- tributed to the wanton Cruelty of an Indi- vidual, than to any Syftem adopted by the Spanifli Marine, or authorized by their Go- vernment; and it would be unjuft to many of ;the Officers, as well as the Crew of the Fri- gate, not to mention their Endeavours to al- leviate the Mifery of Captain Macdonald, while fufFering under his cruel Confinement in the Bilboes, expofed to the fcorching Heat of the Sun, as well as undergoing the fevercft Paia both in Head, Body and Limbs. For the Particulars of this Tranfadtion, his Grace referred Mr. Fitz- Herbert to the in- clofcd I [ 288 ] clofed Papers ; * and he obferved, that Hu- manity, as well as common Juftice, mufl: in- duce the Court of Madrid to do Juftice on this Occafion with refpe(ft to the offending Officer. The Cafe evidently came under that Part of the Projet now fent, refpeifling Satisfa(ftion to be reciprocally given by the Contracting Par- ties, for any Lofs or Injury fuftained by their refpedlive Subjeds fince a certain Period. In cafe, however, this particular Article of the Projet (hould not ultimately be agreed to, a dire(ft and feparate Anfwer mufl: be obtained from the Spanidi Court, to our Complaint of the Cruelty exercifcd by their Officer on Captain Macdonald. The Duke added, that, having ftated the Cafe to that Court, it was His Majefty's Pleafure, that Mr. Fitz-Her- bert (hould inform the Spanifli Minifter, that he was abfolutcly forbid to conclude any other Part of the Negotiation, until he had received a pofitive Official Afllirance in Writing, that, in the Event of the Fadts contained in the Dcpofitions above ftatcd not being difprovcd, a jufl and adequate Puniihment Ihould be in- Aided on the Olt'endcr, The * Several Affidavits fcnt to Mr. Fitz-Hcrbert, [ 289 ] The MefTenger who was charged with thcfe t)ifpatches nrrived at Madrid on the 12th of October. On the following Day Mr. Fitz- Hcrbert proceeded to the Efcurial, and had a Conference with Count Florida Blanca ; from which, as his Excellency acquainted the Duke of Leeds, though he was unable to form any pofitive Judgment with refped to the Refult of the Negotiation, the Language of the Spanifh Minilter gave him but too much Rea- fon to doubt of it's terminatinf? amicably. With refpevft, however, to the cruel and un- juftifiable Treatment which Captain Macdo-» nald, of the Trelawney Planters Weft India- man, had experienced from the Captain of the Spanifh Frigate, and for the juft and ade- quate Punifliment of v/hom Mr. Fitz-Herbcrt had delivered a Memorial to Count Florida Blanca, that Miniftcr informed his Excellency that, the Officer in Queftion (whofe Name was Don Juan Vicente Yanez, and that of the Frigate Nueftra Senora Del Rofirio,) had, oil his Arrival at Cadiz about Three V/eeks before, tranfmitted to the Miniftcr of the Marine a Relation of the Aftuir in Quefticn j and tlvat, his Condudl having appeared, on the very Face of this Report, to have been higp.ly O o blame.ible. \1 [ 290 ] blameable, His Catholic Majefly had been prompted, by His Sentiments of Humanity and Juftice, to fend an Order to Cadiz, for his being immediately brought to a Court-Mar- tial for this A(!t of Delinquency. After a Variety of Conferences which Mr. Fitz-Herbert had with Count Florida Blanca, the Tenor of which had convinced the former of thole Miniilers that the Settlement of any Demiircation of fpecific Limits would, at this Time, be utterly impradicable, his Excel- lency thought it advifeable to lay before the Spanifti Miniftcr a Projet, containing only ths lft> 2d, 3d, 4th and 7th Articles of the Drafts inclofed to him in the Duke of Leeds's Dif- p.Uch of the 2d of Oiflober. Count Florida Blanca's Reception of this Projet was, in every Refpeifl, fo difcouraging, as to induce Mr, Fitz-Herbert to fend Letters to General O'Hara and the Confuls in the feveral Ports of Spain, recommending to them the fame Meafures of Precaution, which they had adopted at the Outfct of thefe Difputes. In order, however, that no Means of effec- tuating a Pacification might bz left untried, Mr, r 291 ] Mr. Fitz-Herbert. on the i.^th of O^ober delivered to the Spani^ Minifter a tranflated Copy of the Whole of the Duke of Leeds's Draft, intitled Projet without the Dcmarcatkn oj Limits, in confequence of which the Count fent h,m on the following Day, an Anfvver; which, though ftill conceived in Terms ex, remely wide of our Propofals. was never- thelefs fuch as to revive his Hopes of engaging the Spanifh Minifter. by Degrees, to accede t! His Majefty's Demands. After repeated Con- ferences, both at the Efcurial and at St. Ilde- phonfo, (whither His Catholic Majelly re- moved on the 20th) the Difficulties which had intervened being removed, a Draft of the fol- lowing Convention between His Majefty and the King of Spain was at length definitively fettled between Mr. Fitz-Herbert and Count t iorida Blanca on Sunday the 24th of Odober and was agreed to be figncd by them, with the ufual Formalities, on the Wednelday or Thurfday following. CONVENTION f.t^ [ 292 ] li )-4 <:': CONVENTION between His Britannic MijcOy and the King of Spain. LEURS Mnjeftcs Britannlquc et Catho- liqiic, ctant difpofJes a terminer, par un Ac-. cord prompt ct lolide, les DifFerends qui Se font elcvcs en dernier Lieu entre les Deux Coiironncs, Ellcs ont trouve, que le meilleur Moycn dc parvenir a ce But falutaire feroit cclui d'une Tranfadion a Tamiable, laquelle, en laiirant dc Cote toute DifcuHlun retrofpcc- tive des Droits ct dcs Pretenfions d^s Deux Parties, rcglat Icur Pofition refpedive a I'avenir fur des Bafes qui feroient conformes a Leurs vrais Intercts, ainij qu'au Defir mutuel dont Lcurs ditcs Majefles font animees, d'etablir entre EUes, en tout et en tous Lieux, la plus parfaite Amide, Harmonic et bonne Corref-* pondance, Dans cette Vuii, Ellcs ont nommo ct conllituc, pour Leurs Plenipotentiaires ; favoir, de la Part de Sa Majefie Britannique, le Sieur Alleync Fitz-PIerbcrt, du Confeil Prive de Sa ditc Majefle dans la Grande Bre- ta^^ne et en Irlandc, et Son Ambafladeur Ex-» tracrdinaire ct Pknipotentiaire pies Sa MajeflQ Ciitht)Hq^ie i ct^ de la fa^t dg Sa Majefte Ca- tholiaue. [ 293 1 tholique, Don Jofeph Monino, Comtc de Flo- rida Blanca, Chevalier Grand Croix du Royal Ordre Efpagnol de Charles III. Confeiller d'Etat de Sa dite Majcfte, et Son Premier Se- cretaire d'Etat et del Delpacho : Lefquels, aprus s'etre communiques leurs Pleinpouvoirs refpec- tifs, font convenus des Articles fuivans. Article I. II eft convenu que les Batimens et les Di- ftridls de Terrein, Htues fur la Cote du Nord- Oueft du Continent de VAmerique Septentri- onale, ou bien fur des Ifles adjacentes a ce Continent, defquels les Sujets de Sa Majefte Britannique ont etc dcpoflcdes, vers le Mois d' Avril, 1789, par un Officier Efpagnol, fe- ront reltitues aux dits Sujets Britanniques. Article II. De plus, une jufte Reparation fera faite, felon la Nature du Cas, pour tout Ade de Vio- lence ou d'Hoftilite qui aura pu avoir ete commis, depuis le dit Mois d' Avril, 1789, par les Sujets de I'une des deux Parties Contrac- tantes centre les Sujets de I'autre j et au cas que [ 294 ] que depuis la ditc Epoque, quelques uns des Sujets rcfpedlifs aycnt ttc forcement dcpoilcdes dc leurs Tcrreins, Biltimens, Vaifleaux, Mar- chandiies, ou autres Objets de Prcpriete quel- conqiies, fur le dit Continent, ou fur les Mcrs ou Ifles adjacentes, ils en feront remis en Pof- feflion, ou une juftc Compenfation leur fera faite pour les Pertes qu'ils auront efl'uyecs. I I [lifl :.iH Article III. Et, afin dereflcrrer les Liens de I'Amitie, ct de conferver a I'avenir une parfaite Harmonic ct bonne Intelligence entre les Deux Parties Contradlantes, il eil convenu que les Sujets refpeditifs ne feront point troubles ni moleftes, foit en naviguant ou en exer9ant leur Peche dans rOcean Pacifique, ou dans les Mers du Sud, foit en debarquant fur les Cotes qui bordent ces Mers, dans des Endroits non dej^ occupcs, afin d'y exercer leur Commerce avec les Naturels du Pays, ou pour y farmer des Etabliflements. Le tout fiijet neanmoins aux Reftridlions et aux Provifions qui feront fpe- cifiees dans les trois Articles fuivans. Article [ 295 ] Article IV. Sa Majcfle Biltannique s'engage d'employcr les Mefures les plus efficaces pour que la Na- vigation ct la Pcche de Ses Sujets dans TOceaii Pacifique, ou dans les Mers du Sud, ne devien- nent point le Pretcxte d'un Commerce illicite avec les Etablillements Efpagnols ; et, dans cette Vue, il eft en outre expreflement ftipule, que les Sujets Critanniques ne navigueront point, et n'exerccront pas Icur Peche dans les dites Mcrs, a la Diftance dc Dix Lieucs Mari- times d'aucune Partic des Cotes deja occupees par rElpagne. Article V. II eft convenu, que tant dans les Endroits, qui feront reftitues aux Sujets Britanniques, en Vertu de I'Article I", que dans toutes les autres Parties de la Cote du Nord Oueft de I'Amerique Septentrionale, ou des Ifles adja- centes,fituees au Nord des Parties de la dite Cote deja occupees par I'Efpagne, partout ou les Sujets de Tune des Deux Puiflances auront forme des EtablifTements, depuis le Mois d'Av- ril, 1789, ou en formeront par la Suite, les Sujets de I'autre auront un Acces libre, et exerccront '!P« , t I 296 I cxci'ceront Icur Commerce, fans Trouble nl Moleflation. Article VI. II eft encore convcnu, par rapport aux Cotea lant Orientalcs qu'Occidentales de rAmcriquc Meridionale et aux Ifles adjacentes, que les Sujets refpcdtifs ne formcront a Tavenir aucun Etabliflement fur les Parties dc ces Cotes 1- tuees au Sud des Parties de ces memes Cotes, ct des Ifles adjacentes, dcjd occupees par I'Ef- pagne : Bien cntendu, que les dits Sujets re- fpedlifs conferveront la Facultc de debarquer fur les Cotes et Ifles ainfi fituees, pour les Ob- jets de leur Pcche, et d'y batir des Cabanes, et autres Ouvrages temporaires, fervant feule- ment a ces Objets. Article VII. Dans tous les Cas de Plainte, ou d'lnfradion des Articles de la prefente Convention, les Officiers de Part et d'autre, fans fe permettre auprcalable aucune Violence ou Voie de Fait, feront tenus de fairc un Rapport exad: de I'Affaire, et de fes Circonftances, a leurs Cours refpcclives, qui termineront a I'umiable ces Diffcrends. Article ^1 '■!; [ 297 } Article VIII. La prefente Convention fern ratifi^e ct confir- mee dans I'Efpace deSix Semaincs, a compter du Jour de la Signature, ou plutot, fi iaire fe pcut. En Foi de quoi, nous fous-lignes Plenipo- tentiaires de Leurs Majeiles Britunniqucs ct Catholiques, avons figne, en leurs Noms, et en Vertu de nos Pleinpouvoirs rclpcdlifs, la pre- fente Convention, ct y avons appofe les Cachets de nos Armes. Fait a San Lorenzo cl Real, le Vingt-huit Odlobre, Mil Sept Cent Quatre-vingt-dix. (L. S.) Alleyne Fitz-Herbert. (L. S.) EI Conde de Florida Blanca, FROM the Account Mr. Fitz-Herbert gave of the Progrefs of this Negotiation, it ap- peared that, as by the concluding Paragraphs of our Declaration and Counter Declaration of the 24th of July, the Difcuflion of the Ex- clufive Rights of Spain to the Diftridls def- cribed in the Duke of Leeds's Projet had been exprefsly referved, it was not reafonable to ck- peft, that His Catholic Majefty fnould fub- mit, without fuch a Difcuffion having been firft regularly held, to the unqualified Surren- der of thofe Rights 5 and he therefore propoJed P p to m ■i']': [ 298 ] "mT '? t" ^"'""'^ "^<= following Words • " Que I/>e o ' -^mitie, j] eft con vena Article iui; tjt ' '"^." ^'''''■'*°" '" 'h- Florid. Blancl. Diffi';,;''^; '° '''"- ^ount that Purpofe Lh T "^""^ ^"">°"ty for ^'Vatcb.«that,heyrhouldinfertinehe « Vn fro • . f*reamble "■'fe Riglus which are botl J^f ° ^T" '°' '^ ^"^^^ «i^ Crown, or to Tv '°""''"'^"'=""h=Hom,„,<; ^'*jea.. A. hasitvlxrr" ''""""- "' »■■» ="y Retrofpeaive Difcuffi„„ of o '' '"^'''"' "' ™ve «;™.cia,„„ of .,,,h :; ^X' ^''"' "' ""'^ f'y'ng ,0 the Court of Spain r,V u' """^^'"'y "or. "!'■>. that the Poi„„ ■„ o !^l"'""'"'''"^'hought poiiuve Stipulation fe the future. r 299 J «al]y acceded tT ?""^' ""= ^"-"ffi- Jn confequence of this AdH^- ^' ^"*'- »n>ble. Count Flor M Bif '°" *° '^' ^''- th« Firft Article of 1 ' '^''"^ '° f"'"^ Confon„ity to the d1. ;"'"''°" '" ^^^ The Second XSt:fr' '''■°'"^- '•■e rame With th^^;:;;^ \ ttac""'^ Count Florida T' ^ul' ^P"" ""is Head Catholic M eftf hT ^"^■■"''' ''"'' ^ "- Kinghad'!2ett':T:^:rr'''«'''<= Mora-. Martinez's 1 /«!,^''"'^^'''" ^^ P''-e