CONTENTdm
British Columbia Historical Books Collection
[Burges, James Bland, Sir, 1752-1824]
"Date from British Museum Catalogue. "This almost deserves to be classed among the published documents. It was prepared in the foreign office while the negotiations were in progress ... it may be safely asserted that it was compiled by Sir James Bland Burges, under-secretary for foreign affairs, especially for the King ... ": - Manning (no.354), P.474. "In a letter ... to Lord Auckland, dated November 12, 1790, found in B.M. Add. Mss. 34434, f58 he mentions an 'interesting Narrative which at leisure hours, I have prepared for the King'. .. ": - Manning (no.354), P.365, note a."-- Strathern, G. M., & Edwards, M. H. (1970). Navigations, traffiques & discoveries, 1774-1848: A guide to publications relating to the area now British Columbia. Victoria, BC: University of Victoria, p. 39-40.
vii, 307 pages ; 24 cm
application/pdf
NARRATIVE NEGOTIATIONS OCCASIONED BY TBI DISPUTE BET WEEK ENGLAND and SPAIN. In the Year 1790. C Hi ] • •;*/ i;j\ CONTENTS. T? Pase J7IRST Information of the Capture of an English Ship at Nootka received from Mr. Merry at Madrid I Inftruclion fent to Mr. Merry - - - - - 8 Letter from the Marquis del Campo to the Duke of Leeds, Feb. n. ------- -9 Further Information from Mr. Merry - - - 11 Letter from the Duke of Leeds to the Marquis del Campo, Feb. 26. ------ i± Further Information from Mr. Merry - - - 13 Precautions taken by Government - - - -14 Further Information from Mr. Merry g - - 15 The Marquis del Campo's fecond Letter to the Duke of Leeds, April 20. - - ... 20 Arrival of Captain Meares, and Account of his Expedition to Nootka, and of the Events which took Place there - - - - - 24 Further Information from Mr. Merry - - - 36 'Other Information - - .... 39 Inftru&ons fent to Mr. Merry at Madrid, May 4. - 41 Notification to the Spanifh Confuls—General Prefs— King's Meflage to Parliament - - - - 45 Meafures taken for the Defence of the Eaft and Weft Indies, in cafe of a Rupture • - - - 56 Information and Inftruc"tions fent to Lord Auckland at the Hague, and to Mr. Ewart at Berlin, May 4. - 6$ Information it CONTENTS. Information and Inftructions fent to Lord Robert Fite- Gerald at Paris, May 7. - ... 68" Circular Letters fent to the Minifters at the other Courts of Europe - .-- - 69 Further Information from Mr. Merry - ibid. Lord Auckland's Negotiation at the Hague - -70 Mr. Fitz-Herbert, appointed Ambaflador at the Court of Madrid, arrives at Paris ----- 7* Inftructions forwarded to him, May 16 - - -ibid. Mr. Fitz-Herbert's Negotiation at Paris - - 83 Order for the Firil French Armament - 84 Communication of that Order to the National Aflembly ibid. Effect of it on that Affembly - - - - 85 State of Parties in that Aflembly - - - - ibid. Decree on the Queftion of the Right to make War and Peace 87. Preparations and Arrangements at Home - - 90 Earl Gower appointed An.'/aflador Extraordinary to the Court of France, May 21. - - - - 91 Instructions to that Ambaflador - ibid. Lord Auckland's further Negotiation at the Hague - - 94 Inftruclion to Lord Auckland, reflecting the Dutch Succours - - - . - - - 07 Lord Auckland's further Negotiation on that Subject - 98 Letter from the Duke of Leeds to Lord Auckland, on the Subject of a Junction between the Englifh and Dutch . Fleets ------- -ioi Succefsful Termination of Lord Auckland's Negotiation 104 Friendly Conduct of the Court of Berlin - - ibid. The Inductions fent to Mr. Merry on the 4th of May . arrive at Madrid on the 14th of May - - - 105 Mr. Merry's Negotiation with Count Florida Blanca - 106 Count Florida Blanca's Letter to Mr. Merry, May 18, 109 Mr. CONTENTS. v Mr> Merry's Sentiments on the Intentions of the Spa- nifli Court . * - - - - - £ in Our Armaments continued - - * - - 113 Further Information from Mr. Merry * ibid. King of Spain's Anfwer to our Memorial of May 4. * 115 Dutch Fleet ordered to fail for Portfmouth - - 120 Intelligence from Lord Robert Fitz-Gcrald at Paris, June 18. - ibid. Arrival of Difpatches from Mr. Fitz-'Herbert at Madrid, dated June 16. * - * - - I2X . — of other Difpatches from the fame Minifter, dated June 19. - - . - - - - I27 Count Floiida Blanca's Propofals on the Qyeftion of Satisfaction - - * - - 129 Second Inftructions to Mr» Fitz-Herbertj July 5. - - 132 Memorial contained in thefe Inftructions - - 138 Declaration contained in Ditto * 142 Counter-Declaration contained in Ditto - - - 143 Inftructions to Mr. Fitz-Herbert as to a Difarmament - 144 Infoi mation from MrvFitz-Hcrbcrt, 24 Junc--28 Ditto— 1July-.5July.-and 9 July - - -. -145 Count Florida Blanca's Projet for Arranging the (everal Matters in Litigation - . - - - 152 This Projet rejected 154 Difpatches from Mr. Fitz-Herbert of July 25. * - 155 The Spanifh Declaration - - - * - 156 The Englifh Counter-Declaration - - - - 157 Count Florida Blanca's Second Projet, rejected by Mr. Fitz-Herbert - - - - . - 161 Further Information from Mr. Fibs Herbert - - 163 Third Inftructions f-nt to Mr. Fitz Herbert, Aug. 17. 168 Draft of our Projet • - • - - -ibid. Lctwr if C O N T E Vf'V^- tetter from the Marquis del Campo to the Duke of Leeds, on the Subject of Difarming, Auguft 10. - 1931 The Duke of Leeds's Anfwer, Aug. 14. - - 199 Inftruflions to Mr. Fitz-Herbert refpecting the Chinefe taken at Nootka, A"g- *7- " " * - 20f Inftructions to Mr. Fitz-Herbert on the Honduras Bufi- nefs, Aug. 17. - - g - 202. Letter from the Marquis Del Campo to the Duke of Leeds on that Subject, Feb. 11. T ? T 20? State and Progrefs of our Negotiation with France - 208 Monf. de Montmorin addrefles the National Aflembly on the Subject of the Family Compact, Aug. 2. - - 209 Count Fernan Nunez's Letter «» - - 210 Report on this Bufinefs from the Comite Diplomatique 211 Decree of the National Aflembly on this Subject and for a further Armament - - - - 212 Inftructions fent to Earl Gower, Sept. 1. - . 213 Information from Earl Gower, Sept. 6. . .217 Communication from the Marquis de La Luzerne, Sept. 7. - - . - - - . 218 Monf. de Montmorin's Anfwer to Earl Gowcr's Repre- fcntation, Sept. 10. ..... 219 Monf. de Montmorin's Letter to the Marquis de La Luzerne . . ... - . . .22(> Second Inftructions to Earl Gower, Sept. 21, -. - 22,2 Third Inftructions to Earl Gower, .Oct. 6. - - 224 Official Note from Monf; de Montmprin, received by Earl Gower, Oct, 4. . . ... 226 The Duke of Leeds's Anfwer, Oft. 8. „ . 230 Monf. da Montmorin's Anfwer to the Reprefentation made by Earl Gower, Oct. 14. . ... 232 State and Progrefs of our Negotiation with the States General, and of the Armaments of Holland - . 233 Full $ Q, N T E N T S. v"i Full Powers fent to Mr. Fitz-Herbert - - » 237 Information from Mr. Fitz-Herbert, Aug. 16. . ! 23$ puke of Leeds's Letter to Mr. Fitz-Herbert, on Count Florida Blanca's Propofal of a Difarmament, Sept. 10. 24a Information from Mr. Fitz-Herbert, Sept. 16. - . 241 Projet delivered by Mr. Fitz-Herbert to Count Florida Blanca, Sept. 14. - 247 Count Florida Blanca's Counter Projet, i . 250 Fourth Inftructions fent to Mr. Fitz-Herbert, Oct. 2. 257 Draft of Projet, with a Demarcation of Limits, inclofed to Mr. Fitz-Herbert - - - . 274 Draft of Projet, without a Demarcation of Limits - • 279 Jnftruaions to Mr. Fitz-Herbert on the Subjeft of Difarming ..... 282 A Period of Ten Days given for the final Anfwer of the Court of Spain, and Inftructions given to Mr. Fitz-Herbert for his Conduct in cafe of a Rupture - 284 Inftructions to Mr. Fitz-Herbert on the Affair of Capt.. Macdonald 285 Progrefs and Succcfs of Mr. Fitz-Herbert's Negotiation - - - - . - - - - 289 Convention between Their Britannic and Catholic Ma- jefties •» . . I • - 1 292 Convention ratified. - •> * • * - 30^ NARRATIVE, H A Profound Peace fubfifted between Great Britain and Spain, when, on the 21ft of January, 1790, Intelligence of a Britifh VefTel having been captured by a Spanifh Officer was received, in a Letter from Mr. Merry, His Majefty's Charge* d'Affaires at the Court of Madrid, dated January 4, 1790. By this Letter Mr. Merry informed the Duke of Leeds, that " ACCOUNTS have jufl: been re- " ceived herd from Mexico, That V one of the fmall Ships of War on the <*' American Eftablifhment, commanded *' by a Subaltern Officer of the Name of " Martinez, has captured an Englifli a VclTel in the Port of Nootka, (called *•' by the Spaniards San Lorenzo) in La- «* titude 50 North of the Co|aft of Cali- A , " fornia. t * I S fornia. There are different Relations | of this Event. Some of them ftate, " That the Vice-Roy of Mexico, having " bad Notice that the Englifh were form- | ing an Eftablifhment at the above- " mentioned Place, ordered a Ship there I to take Poffeffion of it: That M. de " Martinez found in the Port Two Ame- " rican VefTels, a Portugueze from Ma- ** cao, a Ruffian from fome Port of Her " Imperial Majefty's Eaftern Dominions, " and an Englifh one, which had come " direft from a Port of Great Britain, *' with People and NecelTaries on Board, " to form a Settlement: That the Ame- " rican, Portugueze and Ruffian Ships I were fuffered to depart, it appearing " that they had only gone there to trade •« for Furs j and that the Englifh one " alone had been detained. Other Ac- " counts mention, That the Spanifh Ship " had failed from St. Bias on a Voyage, " which, it is faid, is annually performed, " to reconnoitre the North-Weft Coaft I of the Continent: That, when fhe put I into Port Nootka, the Englifh Veffel I was not yet arrived : That the latter was " feized [ 3*1 .«« feized as foon as fhe appeared: That " the Ruffian and Portugueze Ships were ** alfo captured j and that only the '* American were fuffered to go 'away. «* The Name of the Englifh Veffel, or "of the Mafter, is not mentioned in any *' of the Statements of the Tranfadtion ** which I have yet been able to fee; but " they all fay, that fhe had been' fitted " out by a Company of Merchants in *' London, for the Purpofe of forming " a Settlement; and that it had been . " difcovered that fhe was to be followed " by Two others. The different Ac- " counts alfo add, that fhe had been " manned with Spanifh Seamen, and *' difpatched with the News to the Vicc- ,( roy of Mexico." On the 25th of January a Letter arrived from Mr. Merry, dated the 7th of January, with the following Extract: of a Letter from Mexico, containing, as he was affined, the moft accurate Account of the Circumftances of this Affair. This Letter is dated Mexico, Augufi 28, 1789. I-l A 2 H A Naval T 4 ] »* A Naval Expedition,was .fent Jaft Year by " this .Goyprnmeftt, jo confcquence of *' Orders from Court, for the P;jirpofe of " reconnoitring the ,new Efiablifhments " pf the Ruffians to the' North of this *< Continent. Two Veffels were em- «' ployed on the Expedition, under the .«« Command of Don Efteyan Jofeph Mar- «• tipez, one of the Fjrft Pilots of the i Navy, with the Rank pf Officer, 1 Their Voyage was fuccefsful. They | extended jt as far as 6,1 Degrees North " Lat. from whence, proceeding along U the Coafl towards the S.outh-Eaft, p they entered the Port of Donalafka, U an Iflapd fituated at a fmall Diftance " from the Continent, j,n 54 Deg. Lat. " where the Ruffians have the prin- " cipal Eftablifhment and Factory. Our w Crews had fome Communication with " the Indians of that Nation, whofe p Commander gave them a friendly Re- U ception, and furnifhed them wjth all *' tjie Supplies and Information which I they afked for. They learnt there, " that the Governor of Kantinchaca, of m which ICingdom the Crown of Dona- I lafka L <5 ] /" lafka is dependent, had determined to f take Poffeffion of the Port of Nootka, " called by the Spaniards San Lorenzo, ^''fituated in 49 Degrees, 30 Minutes, I* upon the Coaft -of New California} " and that he meant to .cpnvey ithere, in *? in the Courfe of this Year, aboard of P Tw.o Ships from :the Peninfula of Kan- *.* tinchaca, ,the Tfoops and People nc- " coffary for forming an EAabliflimcnt. *' Our Ships returned with thefe Accounts " to the Port of San Bias about the End " of October laft Year. ' The Government here, being fenfible of *' the Importance of the News, and of " how much Confequence it would be *■* to prevent a Foreigner from executing " a Scheme fo prejudicial and hurtful to " the Interefts of Spain, his Excellency y the Vke-Roy ordered another Expe- •*' dition to be prepared, without Lofs of .•*'■ Time, for the Purpofe of taking Pof- " feffion and forming a Settlement in the " Port of San Lorenzo. Two ' Ships " were fitted out at San Bias, and failed g from thence the Beginning of March *' gf (his Year, properly equipped and " TuppHcd jff fupplied for the Undertaking | ahd, in " the Month of April, a Snow was dif- ** patched with further Supplies of Stores « and Provifions. The Ships arrived at 1 San Lorenzo in ~MiyT They found , " Four Foreign VefTels in the Portj " Two of them American, belonging to *' General Wafhington, commiffioned by «' the United States to perform a Voyage " round the World; a Portugueze and " an Englifh which-had come from Ma- ." cao to trade for Furs, which abound " on that Coaft, and are fold to great " Profit in Alia. Martinez feized all the " Ships; but, it afterwards appearing to " him that the Americans were not fuf- " picious, he let them go away and de- " tained the Two others. He then com- " menced to form an Eftablifhment, by " building fome Houfes and Stores of *' Wood, and by erccling a Battery at I the Entrance of the Port. Whilft he I was thus employed in the Execution i of his Orders, a flrange Veffel entered I the Port. As foon as fhe had' dropt *' Anchor Martinez went aboard, with | his Boats armed. The Rafter of the " VcITqI [ 1 ] " Veffel produced his Paffport arid Corri- " miffion, and declared that he came «« direct . from London, and that he " had been fent by a Company of Mer- " chants of that City, with Orders to " fix. an Eftablifhment, and prepare " Habitations for fome Englifh Settlers* " who were to embark this Year aboard *• Two Ships, which were fitting out in «• the. River Thames. Martinez made a " Prize of the Veffel, and, having manned " her with Spanifh Seamen, difpatched *' her to San Bias with the News. The " Englifh Captain is arrived aboard her " at San Bias." By a Letter received the 2d of February, (and dated Madrid, the 15th of January) Mr. Merry ftates, That, having mentioned the above Circumftances to Count Florida Blanca, the Count avoided explaining to him the Particulars of the Tranfaction, or avowing clearly the_Seizure of the Veffels j neither did he enter upon the Queftion of our Right to trade, or to form an Eftablifhment in that Part of the Continent of America; but he informed Mr. Merry of fome Circumftances, (from [ 8 J (fonts the Mention of which tRe' Reports fcemed to be true) whichv* he faid;. he would direct the Marquis del Campo to impart to the Duke of Leeds. On the Receipt of this Letter, and on the fame Day it arrived, the Duke of Leeds wrote to Mr. Merry, defiring him/ (until he could fend him pofitive Inftructions in confequence of any Communication from the Marquis del Campo). to be extremely guarded in what he might have to fay on the Subject $ it being a Matter of equal Delicacy and Importance, in which he ought to be very cautious of giving even a Hint, which might be conftrued into a Dereliction of our Right to vifit for the Purpofes of Trade, or to make a Settlement in the Diftrict in Queftion, to which we undoubtedly had a compleat Right, to be afferted and maintained with a proper Degree of Vigour, fhould Circumftances make fuch- an Exertion necelTary; His Grace alfo directed him immediately to fend Information on the following Points, viz. Of what Size are the Ships, which failed a few Months ago for California, under the Command of M. Melafpina ? What [ 9 ] ' \Vhat was the Number of their Guns and Men? Whether any'other Veffels have failed on the fame Expedition ? And, if fo, What was their Force, and the Numbers of their Guns and Men ? What was the Force which failed from Mexico for San Lorenzo, under the Command of M. Martinez ? And whether any Ships, under the Command of any other Perfon, have failed to the fame Deftination ? Such was now the State of this Affair:—« A Rumour, undoubtedly extremely probable, confidering the Quarter whence it came, but perfectly unfupported by any Evidence, on which Government could proceed. On the nth of February, however, additional Light was thrown upon the Tranfaction, by a Letter which the Duke of Leeds received from the Marquis del Campo, dated Manchefter-Square, February 10, 1790. By this the Marquis informed his Grace, that the Vice-Roy of Mexico had difpatched Two Veffels, under the Command of Don Etienne B Jofeph [ 10 ] Jofeph Martinez, to make a Settlement in the Port of San Lorenzo, otherwife Nootka, fituated in Deg. 50. of which Poffeffion had already been taken: That, arriving there on the 24th of June, 1789, M. Martinez found a Frigate and Bilander belonging to Bofton in America, and Two Veffels belonging to a Portugueze eftablifhed at Macao: That, on the 2d of July, an Englifh Veffel arrived, which had failed from Macao, for the Purpofe of taking Poffeffion of Nootka in the Name of His Britannick Majefty, and which had on Board a Bilander not put together: That M. Martinez, having otherwife difpofed of the Four other Veffels, feized the Englifh Ship named the Argonaut, Captain James Colnet, who had been fent out as Governor by the South Sea Company, and fent her to San Bias. The Marquis then ftates, That the Court of Madrid prays His Britannic Majefty to punifh thofe of His Subjects who fhould undertake fuch Enterprises, and to prevent them from continuing on Territories for many Years vifited and occupied by the Spaniards: That, fo far from the Difcovery of the Port in Queftion having been made by Captain Cook, the above-mentioned Martinez was a&ually there [ fj I there with a Commiffion in the Year 1774, and left with the Indians Two Silver Spoons, fome Shells and other Things, which Captain Cook found. The Marquis further obferved, That, though the Englifh Prifoners were fet at Liberty from RefpecT: to His Britannic Majefty, His Catholic Majefty hoped the Court of London would give pofitive Orders to abftain from fuch Attempts in future. Although this Reprefentation was, in Truth, an Avowal both of the Fadr. and of the Motives which occasioned it, it could not fairly be deemed a juft Occafion for Immediate Hoftilities: Nor, indeed, did the Tenor of our Spanifh Correfpondence at the fame Period juftify the Idea, that the Court of Madrid entertained hoftile Views, or was making any Preparations to enforce a Compliance with That Requeft, which, through the Marquis del Campo, fhe prayed His Majefty to grant.' On the contrary, Mr. Merry, in a Letter dated Madrid, January 28, and received February 15, explicitly fays, *' The Spanifh Minifter, in a Conference '* the preceding Day, continued to ex- B 2 " prefs [ " ] % prefs the ftrongeft Defire to fee that " Harmony and Friendly Corrcfpon- t* dence, which at prefent fo happily | fubfift between the Two Courts, im- *' proved as far as poffible. He re- " marked, be faid, with the utmoft Sar " tisfadtion, that the Line of Conduct I purfued by His Majefty, in the prefent " Situation of Affairs in Europe, was the H moft wife and politic which could be " adopted j and he hoped that no Event | might happen, which might caufe " Great Britain to deviate from her 81 prefent Pacific Syftem." HIS Majefty's Minifters, however, con- peiving the Circumftance of Seizing a Britifh Ship, in Time of Peace, to be an Offence againft the Law of Nations, and an Infult to His Majefty, }oft no Time in taking the only Step in their Power, uninformed as they were of the Circumftances attending the Tranfac-- tion, unfurnifhcd with any Proofs, except the Letter itfelf from the Spanifh Ambaflador, and not even knowing whofe Property, or whofe Perfons, had thus been injured. This was done by a Letter from the Duke of Leeds t 13 3 to the Marquis del Campo, dated February 26, 1790 j in which hi<3 Grace informs him, That he had His Majefty's Orders to declare, that the Act of Violence, mentioned in his Letter, muft neceffarily caufe all Difcuffion on the Claims, therein alfo mentioned, to be fufpended, until a Juft and Suitable Satisfaction fhould be made for a Proceeding fo injurious to Great Britain: That therefore it was, in the firft Place, indifpenfably neceffary, tha$ the Veffel in Queftion fhould be Reftored: And that any Detail of the Further Satisfaction to be expected muft be poftponed, 'till a more ample Information of the Circumftances of the Affair could be received. After the Delivery of this Letter, the important Bufinefs in Queftion remained for.fome Time in Sufpence; during which, the Intelligence received from Spain continued to be of the fame Pacific Import as that received from. Mr. Merry on the 15th of February. That Gentleman, by a Letter, dated March 1, 1790, and received the 18th, fays, " Count Florida Blanca gave me no Hint " of his having any Intention of Arming j f and, notwithstanding the Reports which h have continued to prevail here, with •« Regard C 14 J 1 Regard; to the Naval Preparations in " the Spanifh Ports, I cannot, on a moft " diligent. Enquiry, find that any are yet " commenced, except for the equipping " of Three Ships of the Line, Six Fri- " gates, and Three Sloops of War, for I the Purpofe of forming a Fleet of «* Exercife." And again, in a Letter dated the 15th of March, 1790, Mr. Merry fays, I The King of Spain has given Orders to 1 grant a free Licence to Prince Edward " to pafs and repafs from Gibraltar to *' Spain, and to pay him the fame Ho- " nours as to an Infante de Caftilla." In this Interval, however, Government thought it advifeable to take every poffible Precaution, to prevent a Repetition of this extraordinary Conduct by the Spaniards, and to maintain the undoubted Right of This Country to an un- difturbed Poffeffion of fuch Parts of the North- Weft Coaft of America, as had been originally fettled or vifited,' for the Purpofes of Trade, by the Englifh. With this View, Orders were fent, on the 31ft of March, to Lord and t '5 1 and Commodore Cornwallis in the Eaft Indies, directing them to difpatch a Frigate to the Sandwich Iflands, (where fhe was to be met by the Gorgon and Difcovery, ordered to rendezvous there, after calling at Port Jackfon in New South Wales) for the above Purpofe, with an Injunction to forbear from Hoftilities; but, at the fame Time, to maintain the Britifh Rights by Force, fhould it be found necef- fary. * The Effedt produced by the Duke of Leeds's Anfwer to M. del Campo at the Court of Spain, while it did not, on the one hand, fecm likely to incline the Spaniards to recede from their exclufive Pretenfions, undoubtedly gave His Majefty's Minifters no Reafon to apprehend the near Approach of Hoftilities. Mr. Merry fays, in a Letter dated Madrid, the 22d of March, 1790, and received the 8th of April, " The Spanifh Minifter, fpeaking to me " Two Days ago, expreffed much Dif- " fatisfadtion at the Anfwer he had re- " ceived from the Court of London,, on the * Thefe Orders were recalled on the 30th of April* when the General Preparations for Arming commenced. [ 16 ] «* the Subject of the Seizure of the1 " Englifh Veffcl at San Lorenzo. The '« Degree of Ill-Humour, which he ap- g peared to fhew on this Occafion, may, g I conceive, more properly be conftrued 2 into an Uneafinefs and Diffidence, on " his Part, with Refpect to our Defigns j " for he gave me to underftand, that it was *' not the Matter itfelfin Queftion, which " affected him fo- muehr as the Fear, " that, from the Manner in which we *' have taken it up, we may at any Time " make ufe of it as a Ground for Quar- . *i relling.—Count Florida Blanca then " expreffed his Opinion, that, in the " prefent Situation of Affairs, much de- " pended on Great Britain and Spain re- '• maining free and independent, and on *« their continuing on Terms of ftrict " Harmony and good Underftanding " with each other j for which Reafon he " had not chofen to form tny clofe Con- " nection in any other Quarter." And this Pacific Language was ftill more forcibly confirmed, by a fubfequent Conver- fation Mr. Merry had with Count Florida Blanca f 17 ] fBlarica on the 27th of March, contained in his Letter of the 29th, which was received on the 16th of April. In this Converfation his Excellency " dwelt much on the Circumftance of " our demanding Satisfaction, before any " Difcuffion had taken Place of the " Matter of Right on either Sidej and ii faid, from this, and, above all, from •* the Manner of our Expreffions, he could *' draw no other Conclufion, than that " it muft be Our Wifh to make the Af- " fair in Queftion a Ground for Qilarrel- *' ling. He lamented greatly that any " Caufe of Mifunderftanding fhould exift " between the Two Courts, particularly "at the prefent Juncture. He hoped, " however, that nothing ferious might " enfue from it; that his Fears and Ap- . " prehenfions might prove ill-founded, " and the Neceffity of the Court of " Spain coming to an Underftanding with " other Powers might be avoided. He " concluded by faying, that he would f endeavour to re-difpatch the Meffenger it to London in the Courfe of the Week, C § and r *« J | and that he would foften his Reply a* *' much as poffible, having nothing more " at Heart than to preferve Harmony " and Friendfhip with Great Britain." In the Conclufion of this Letter Mr. Merry faid, that •* The Court of Spain feems fo ill prepared " for War in regard to their Forces, and V ftill more fo in refpect to Credit, that P he conceives Count Florida Blanca *« will have Prudence enough not to fuf- " fer the Matter to come to Extremities." Oft the 18th of April another Letter was received from Mr. Merry, dated the 5th. In this he faid, " As the Spanifh Minifter, rn his D'if- " courfes with me upon this Affair, has- " chiefly dwelt upon the Manner of our " Reply, I hope that what I have faid " to him may have operated to leffen his *• Apprehenfions, and that your Grace *' will find, by the Marquis del Campo's " Communications, that the Language •« from hence has that Degree of Softnefs^ •* which [ 19 ] ** which Count Florida Blanca has pro- " mifed 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 " Affair of Nootka, is fo great, that they " have given Orders for Reports to be " Immediately fent from the Spanifh Ar- " fenals of the Quantity of Copper for " fheathing Ships, which there is in the & Storehoufes, and of the Number of Sj Ships of the Line which can be got " ready for Sea at a fhort Notice." Mr. Merry, however, at the fame Time, expreffed his Conviction, that Count Florida Blanca muft be fufficiently fenfible of the unfortunate State in which Spain is for the Support of a War, to be defirous of avoiding it by every poffible Means. By another Letter, received with the Two former, but dated the 6th of April, Mr. Merry gave Information, That the Treafure, lately arrived at Cadiz from Spanifh America, aboard the San Ramon Ship of War of 68 C 2 Guns, [ 20 ] Guns, thjjjfafttlla of 58, and the Nueftra j Senora de las Mercedes Frigate of 36 Guns, amounted altogether, by the moil exact Ac- j count he had been able to obtain, to about j Four Millions One Hundred and Thirty Thou- \ fand Hard Dollars. He added, that the Fleet of Exercife, he had formerly mentioned, was now affembjing at Carthagena; and that the Letters from that Place mentioned, that it was expected All the Ships would be collected, and would be ready for Sea, in the Couife of the prefent Month. THUS pacific appeared to be the Intentions of the Spaniards, who feemed anxious to disclaim. All Idea of commencing Hoftilities, while no Warlike Preparations in that Country, in any Manner, announced a fecret Syftem, contradidtory of their Friendly Profeffions, when, on the 20th of April, the Marquis del Campo addreffed a Letter, of that Date, to the Duke of Leeds, by which he informed his Grace, that " Having communicated to his Court the " Duke's Anfwer of the 26th of Febru- I ary to his Memorial, concerning the »' Detention in the Port of Nootka of the [ 21 ] ' the Englifh Veffel called the Prince of ' Wales, he had received Orders to in- ' form the Britifh Miniftry, 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 Poffeffion of an ex- clufive Sovereignty, Navigation and ' Commerce, which the Crown of Spain • had conftantly exercifed over the Ter- ' ritories, Shores and Seas before-men- ' tioned, and which it has manifefted f by the Capture of thofe who tranf- ' greffed againft itj 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 Eftablifhment, or of carry- I ing on a Commerce there; and having | pofitive Orders to fhew every poffible 5 Attention to the Britifh Nation, and I to qvoid every Thing which might be I capable C 22 1 If capable of difturbing the good Har- |j mony and Friendfhip which happily " fubfifted between the Two Courts. *' For thefe Reafons, and to afford an « additional Proof of the King's Defire f to maintain and ftrengthen this Friend- *' fhip, His Catholic Majefty confiders *' and underftands this Affair to be at an " End, without entering into Difputes or ■*' Difcuffions on the indifputable Rights f* of His Crown ; and He flatters Him- " felf that His Britannic Majefty will " command all His Subjects to refpect g them, according to the Requeft con- " in the Marquis's Firft Letter." - This Letter, which, being fent to the Duke of Leeds's Office at Night, was not feen by his Grace till the 21ft, of courfe engaged the ferious Attention of His Majefly's Minifters, It appeared evidently from it, that the Court of Spain war not difpofed to afford His Majefty any Satisfaction for the Infult offered to Him, by the violent Seizure and Detention of His Subjects and their Property, or in any Degree to relax from thofe exclufive and un- juftifiable Claims of Dominion oyer the Whole H [ 23 ] of the Weftern Coaft of America, which they had invariably maintained, and which had {a often been the Occafion of Difputes and Wars between the Two Countries. On the contrary, His Catholic Majefty, by ftating the Releafe 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 vifit or trade on that Coaft, juftified the Proceedings of His Vice-Roy and Officer; and, to preclude 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 on which they were claimed. Before any Determination, however, could be formed on this very important Bufinefs* a Circumftance occurred, which contributed to throw many new Lights upon the Subject, and which proved the Conduct of the Spaniards to have been infinitely more hoftile and injurious , towards His Majefty, than either Mr. Merry's Information, or the Letters of the Marquis del Campo* had given Reafon to imagine* The T 24 J the CircumftB alluded to was the Arv 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 Transaction was obtained, than had already been in the Poffeffion of Government. To underftand this properly, it will be ne- ceffary 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 Eaft 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 j and Two Veffels, 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, I 25 ] Navy, and now had the Direction of the Expedition. They arrived in Prince William's Sound in September following j foon after which the Sea Otter was unfortunately loft off the Coaft of Kamfchatka. Captain Meares paffed the Winter in Prince William's Sound ; in the Courfe of which he opened an extenfive Trade with the Natives j and, having collected a Cargo of Furs, proceeded 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 refided at Bombay, and traded from thence under the Protedtion of the Eaft India Company, and who, from his Connection with the Governor of Macao, had obtained Permiffion from him to navigate under the Portugueze Flag, in order to evade the extravagant Port Charges of the Chinefe, and for any other Purpofe that might be found convenient) fitted out Two other Veffels, called the Felice and Iphigenia,. the former of P which I m 3 which was commanded by himfelf, the latter by Mr. William Douglas. I Sailing from China, Captain Meares reached the Port of Nootka in May, 1788, and Captain Douglas arrived in Cook's River in the Month of June following. • Immediately on his Arrival, Captain Meares purchafed from M.aquilla, the Chief of the Nootka Diftridfc, a Spot of Ground, on which he built a Houfe, and' hoifted the Britifh Colours. This Houfe he furrounded with a Breaft-Work, in the Front of which he mounted One Three-rPounder. He then proceeded to trade on the Coaft, taking a Southerly Courfe, while Captain Douglas, iq {he Iphjgenja, faijed to fhe North. They confined themfelyes within the Limits of 60 Deg. and 45 Degr3o-Mfn. North, and returned to Nootka Sound »n the Month of September. By this Time, the People left there had •finifhed a new Veffel of about 40 Tons, which they named the North-Weft America. In the Courfe of his, Cruize, Captain Meares obtained from Wickenanifh, the Chief of the Diftrict furrounding Port Cox and Port Effingham, in Latitudes 48 and 49 Degrees, in Cor.fequence t 27 ] Confequence of considerable Prefents, the Pro-* mife of a Free and Exclufive Trade with the Natives of That Diftrict, and his Permiffion to build any Storehoufes or other Edifices which he might judge neceffary. He alfo acquired the fame Privilege of Exclufive Trade from Tatouche, the Chief of the Country bordering on the Straits of Juan de Fuca, and purchafed from him a Tract of Land within the faid Strait, which oftc of Captain Meares'S Officers took Poffeffion 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 return to the Coaft in the Spring. Captain Meares arrived in China early in the Month of December, where he fold his Ship and Cargo > and Two Ships, the Prince of Wales and Princefs Royal, fitted out front the Port of London by Meflrs. 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 Garvalho, who had D 2 become t «« I become a Bankrupt, and who, from the De* mife of the Governor of Macao, had loft his Influence there) affociated themfelves with thofe Gentlemen, as they poffeffed Licences from the Eaft-India and South-Sea Companies, which would not expire 'till the Year 1790; 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, making a Joint Stock of All the Veffels 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-India Company, foon afterwards relumed to England j and the Princefs Royal and Argonaut were ordered to fail for the Coaft of America, under the Command of Mr. James Colnet, to whom the Command of All the Concerns of the Company on That Coaft had been committed. He was inftructed to fix his Refidence at Nootka Sound, and to erect a fubftantial Houfe on the Spot purchafed in the preceding Year by Captain Meares. Mr, t S Q . Mr. Colhet, with Articles eftimated to be fufficient for the Trade for Three Years, and . with a Veffel on Board in Frame, of about 30 Tons Burthen, left China in the Months of April and May, 1789; taking with him fcveral Artificers of different Profeffions, and near 70 Chinefe, as Settlers on the American Coaft, in the Service and under the Protection of the Affociated 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 Veffels, the Columbia and the Wafhington, which had wintered there. On the 29th of the fame Month the North- Weft America was difpatched to the Northward 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 Princeffa, commanded by Don Eftevan Jofeph Martinez, and mounting 26 Guns, anchored there. This Veffel had failed.from the Port of San Bias in the Province of Mexico. She was joined, on the 13th, by a Spanifh Snow of 16 Guns, called the t 30 1 the San Carlos, which had failed from the fame Port, loaded with Cannon and othef Warlike Stores. From the Arrival of the Princeffa to the" 14th of May, mutual Civilities paffed between Captain Douglas and the Spanifh Officers, and even Supplies were obtained from M. Martinez for the Ufe of the Ship. On that Day, however, Captain Douglas was ordered on Board the Princeffa, and, to his great Surprize, was informed by M. Martinez, that he had the King of Spain's Orders to feize AH Ships and Veffels which he might find upon That Coaft, and that he (Captain Douglas) was then his Prifoner. M. Martinez then ordered his Officers to take Poffeffion of the Iphigenia j which they - accordingly did in the Name of His Catholic Majefty; and the Officers and Crew of that Ship were immediately conveyed, as Prifoners, on Board the Spanifh Ships, where they were put in Irons, and were otherwife ill-treated. AS foon as the Iphigenia was thus feized, M. Martinez took Poffeffion of the Lands which had been purchafed by Captain Meares, hoifting the Standard of Spain on the Houfe ■ t he r s* 3 he had erected, and performing the other Ceremonies ufual on fuch Occafions. At the fame Time he iffued a Declaration, That AIL 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 fc-r yerely puniThed many of them who attempted : to refift a Command, which they conceived to be injurious. After a long Continuance of this unjufti- fiable Conduct, and after compelling Captain Douglas to fign a Paper written in Spanifh (a Language which he did not underftand) 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 fhould adjudge her to be lawful Prize, as having entered the Port of Nootka without the Per- I miffion 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 NorA-Weft America, infifting that he fhould [ 32 ] fhould 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 Poffeffion of the Iphigenia, fhe was ftript of all the Merchandize which had been provided for Trading; of her Stores, Provifions, Nautical Inftrumehts, Charts, &c. and of every Article (except Twelve Bars of Iron) which could conveniently be carried away, even to the Mafter's Watch, and various Articles of Cloath- ing. . Thus circumftanced, Captain Douglas applied to M. Martinez for Relief; and, after much Solicitation, obtained a trifling Supply pf Stores and Provifions, for the Payment of which he was obliged to give Bills on his Owners. M. Martinez, finding at length that Captain Douglas could not be induced to fell the North-Weft America, permitted him to depart; and accordingly, on the ift of June, he quitted Nootka Sound and returned to China. On the Eighth Day after his Departure, the Ship North-Weft America, arriving off the Port of Nootka, was boarded and fcized by Boats manned and equipped for War, commanded t 33 ] mahded by M. Martinez, which towed her into the Sound, and, anchoring her clofe to the Spanifh Ships of War, took Poffeffion of her in the Name of his Catholic Majefty, as good and lawful Prize. The Officers and Men, with the Stores, Tackle, Furniture, Articles of Trade, and 215 Skins of the beft Quality, were then removed on board the Spanifh Frigate; and Mr. Barnett, one of the Officers, and fome of the Sailors, were afterwards put in Irons. 1 The Ship was foon after employed by M. Martinez on a Trading Voyage, and brought Home a Cargo for his Ufe of j$ Skins, purchafed with Britifh Merchandize, which, on a moderate Calculation, were worth 7.500 Dollars. On the 3d of July the Argonaut arrived off the Port of Nootka. As foon as M. Martinez obfervcd 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 Spaniards, he proceeded into the Sound. The next Day, however, M. Martinez fent the Firft Lieutenant of the Princeffa, with a Military Force, to take Poffeffion of the Argo- E naut. [34 3 naut. They accordingly feized her in the" Name of His Catholic Majefty, and hoifted en Board of her the Spanifh Flag. Her Officers and Men were made Prifoners, and Mr* Colnet was threatened to be hanged at the Yard-Arm, in ca.v of his refilling to comply with any Directions which might be given to him. This Treatment had fuch an Effect upon the unfortunate Gentleman, that his Faculties became deranged, and he continued, when the Account came away, in a State of Incapacity for the Conduct of any Bufinefs. Not fatisficd with thefe Inftances of ufurped Authority, M. Martinez appeared defirous of feizing frefh Opportunities of infulting the Britifh Flag.—On the 13th of July the Sloop Princefs Royal appeared off the Port of Nootka; 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 Veffel without Conteft. Thefe Orders were dif- patched into the Ofling^bjLa_Spanifli Officer, and the Sloop was accordingly feized in the Name of His Catholic Majefty, and brought into Port. Her Crew were made Prifoners, and [ 35 3 and her Cargo, confifting of 473 Skins, was feized. After fuffering, for fome Time, an ignominious and painful Captivity, the Crew of of the North-Weft 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 Princcfs Royal, with her Crew, were to be fent to the fame Place. M. Martinez, however, thought proper to detain the Chinefe, whom he compelled to enter into the Service of Spain, and whom he employed to work in the Mines, which he had opened on the Lands purchafed by Captain Meares. Such was the Subftancc of the Information received from Captain Meares. HIS Majefty's Minifters, who, 'till now, had proceeded with that Caution, which the Uncertain Nature of the Intelligence they had received rendered effentially neceffary, n.o longer having Room to doubt of the Infult offered to the Britifh Flag, and the Injury fuf- tained by Britifh Subjects, from the unwarrantable and unprovoked Hoftility of ths E 3 Spanifh. [ 3° 3 Spanifh Commander, loft no Time in taking thofe Meafures, 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, tq fuffer fuch accumulated Wrongs to pafs without the Notice becoming the Monarch of fo great a Kingdom. The Affair of Nootka, therefore, and the,Tyarjous other Grounds of Complaint, which the recent Conduct of the Spanifh Court had occafioned, immediately engaged their moft ferious Attention. Nor was it long before frefh Information from Madrid evinced the Propriety of coming to a fpeedy Determination, and of putting this Country into fuch a' State of Preparation, as might enable her reinforce her juft Demands of Satisfaction, fhould the Court of Spain think proper to avow and fupport the Infults offered by her Officers. On the 29th of April a Letter was received from Mr, Merry, dated Madrid, the 12th of April, [ 37 3 April, by which he informed Government, that « 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- M vous was now to be, and where there *• were Three Frigates and Two Sloops ' **, of War ready to join htm. That the «' following were the Ships which were " to fail from Carthagena, viz. ♦'.Ships of the Line. Guni. '* Europa .- 74 S San Pablo - 74 V San Fulgencio • - H * Frioates, " Santa Terefa. - - 34 «' Mahonefa - 34 | Perla a - • 34 vSvoatv, | Tartaro, - • . 18 g That Orders had arrived there for All ff the Ships, which had been reported C 38 3 * ** to be .fit for immediate Service, to be " ballafted, and held in Readincfs to be , «« rigged and equipped for Sea on the I .'. w firft Notice. Their Number was faid " to be Twelve Sail of the Line, Four " Frigates and Six Xebecks. It was faid, " that Three Ships of the Line were now " getting ready for Sea at Ferrol. The " fame Orders had been fent to the *'• other Ports, as appear to have reached ' ' *' Carthagena, for preparing the Ships "to be armed at a fhort Notice. Mr. ," Merry added, that, from the Reports ... /* which prevailed, he did not believe the u Preparations would be carried any farther W at prefent; and that it was not yet u known that the Spanifh Government U was looking out for Money." By another Letter, dated the 15th of April, find received the 3d of May, Mr. Merry gave Notice, that "an Order had juft been iffued by His Catholic Majefty, abfolutely prohibiting for the prefent the Exportation of Specie from Spain, even of thofe Sums for which Licences had already been granted by the Bank of St. Charles; and that, befide the Treafure lately brought; [ 39 3 brought to Cadiz in the Ships of War, Advice had been received at Madrid of the Arrival in that Port, from Vera Cruz, of Two Merchant Ships, with near a Million of Hard Dollars on Board. Mr. Merry added, that • b The Spanifh Fleet at Carthagena had *' been joined by the Three Frigates and " Two Sloops of War from Cadiz, " which he mentioned in his preceding . " Letter; and that it was faid the Whole V was to proceed to the latter Port as *' foon as- the Wind fhould allow them *' to put to Sea.—That the Ships, res' ported to be fitted out for Immediate " Service at Cadiz, confift 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 Directions had been given for the " Two* which were arrived with Treafure, " from Spanifh America, not to be dif- *' armed." BY Intelligence received about the fame Time, the Authenticity of which could not SHIP bo f 40 j be doubted, His Majefty's Minifters were ini 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 Veffels in that Department were to be fitted out j and that they were actually getting ready, with the greateft Speed, the following Veffels, viz. Gun-s Medio Mundo f 124 San Hermenigildo - - 124 Conde de Regla - 124 Patriarca San Jofef - - 124 San Rafael - - 80 San Fernando - 90 Brillante - 74 The Number of Frigates add their Deftiny were, according to this Account, uncertain; The fame Intelligence gave Notice that, in the Courfe of the laft Month, the Europa of 74 Guns, the Juno Frigate of 44, and the Santa • Tcrcfa 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- r 4i i Has, arid of 2,600 from Bifcay, and that Or* ders wereiffued for a further Levy of Twenty-* fourThoufand Men:—And that the Regiments of Galicia, Murcia and Zamora were on their March from Pontevedra to Corunna. THE Meafures adopted by His Majefty's Minifters Were as Vigorous as the important Occafion demanded, and their prompt Execution correfponded with the Urgency of the Moment; On the 4th of May a Meffenger Was difpatched to Mr. Merry at Madrid, conveying to him Inftructions to Reprefent to the Court of Madrid, that the laft Communication delivered by the Marquis del Campo is confidered by His Britannic Majefty as Unfatisfactory, and as not affording that Reparation which His Majefty had a Right to expect on this Occafion; it being therein ftated, that the Reftitution of the Veffel was made on the Ground of General Regard for the Britifh Nation, and of a Suppofed Ignorance 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 Eftablifhing them- felves there, or of carrying on their-Commerce; F a Claim t 42 3 ' a Claim on the Part of the Court of Spain being a?|Berein diftinctly afferted to the Exclufive Rights of Sovereignty, Navigation and Commerce in the Territories, Coafts and Seas on the North-Weft Coaft of America > and no Satisfaction whatever being made or offered to His Majefty, for a Proceeding fo offenfive to the Honor of His Crown. That, in Addition to thefe Confiderations, His Majefty had lince received further Information of the Particulars of the Tranfaetion in Queftion; by which it appeared that the Spanifh Officer did not confine himfelf to the Capture of One Veffel alone; that he had alfo made Prize of a Veffel called the Princefs Royal, belonging to the Port of London, and had fent her, with her Crew as Prifoners, to the Port of San Bias, having feized her Cargo, and made Ufe of it for the Purpofe of carrying on a Commerce on the Coaft. That it was doubtful whether One or Both of the Two Veffels, mentioned in M. del Campo's Firft Letter as belonging to a Portugueze, refident at Macao, were not in Effect Britifh Veffels, navigated under fuch Circumftances as would, by the Laws of Nations, entitle them to the Protection of His Britannic Majefty. That it appeared, [ 43 3 appeared, that the Soil at Nootka, and in fome other Parts of the Coaft, particularly in a Strait in or about 40 Degrees, 50 Minutes of Latitude, had been, antecedently to this Tranfaction, purchafed of the Natives by a Britifh Subjedt, and the Britifh Flag hoifted thereon. Mr. Merry was then directed to Reprefent, that, under thefe Circumftances, His Majefty '. had felt it due to the Honor of His Crown, and the Rights of His People, to require the full and entire Reftitution of All the faid Veffels, with their Property and Crews, or of as many of them as fhould, on fair Examination of what can be alledged on both Sides, be found to have been Britifh Veffels, entitled as fuch to His Majefty's Protection; and to infift on an Indemnification to the Individuals concerned in the faid Veffels, for the Loffes fuftained by their unjuft Detention and Capture: And, above all, on an adequate Reparation to His Majefty for the Injury done by an Officer, commanding His Catholic Majefty's Veffels of War, to Britifh bubjedts, trading, under the Protedtion of the Britifh Flag, in thofe Parts of the World,- where the Subjedts of His Majefty have an Unqueftion- • * F 2 able [ '44 3 Bble-Righr to a Free and Undiftyrbed Enjoy,, mcnt of the Benefits of Commerce, Naviga, tion and Fifhcry; and alfo to the Poffeffion pf fuch Eftablffhments, as they may form with the Confent of the Natives, in Places uq- pecupied by Other European Nations. Mr. Merry was finally directed to Demand a Speedy and Explicit Anfwer to This Communication ; at the fame Time expreffing the fincere Wjfhes of His Britannic Majefty, that the Iffue of the prefent Bufinefs may be fuch, as to remove any Grounds of Uneafinefs, and Continue and confirm Harmony and Friend-? fliip between the Two Nations. • THE fame Meffenger, who was charged wjth this Reprefentation, carried alfo a Letter from the Duke of Leeds to Mr. Merry, inT forming him that Mr, Fitz-Herbert was diT redted to repair Immediately to Spain, in order to carry on fuch Negotiations as may be ne-: ceffary:—That His Majefty had found it in* difpenfably n.eceffary to make Preparations, for enabling Himfelf to A& as the Exigency of Affairs may require :—That His Majefty con, tinues to entertain a fincere Defire for Peace, ftf?4 WJU embrace with Satisfaction the firft Opportunity I 45 3 Opportunity of Discontinuing His Prepara* tions, and reducing Hi6 Forces to a Peace Eftablifhment, when He fhall be fatisfied that fanilar Meafures will be taken by <th<? Court of Spain, and when He fhall have obtained an adequate Reparation, and fufficicnt Security for the Future; Objetts which His Majefty. cannot relinquifh, being fully deter- . mined to fupport to the utmoft the Honor of His Crown and the Juft Rights of all Hie Subjects. On the fame Evening, a Notification of the Bufinefs in Agitation was tranfmitted to His Majefty's Confuls in the different Ports of Spain, and a General Prefs took Place, which proved the Firft Public Notice of the Difpute between the Two Crowns; the whole Affair having hitherto been conducted with a Secrecy unknown on any former Occafion, and having been confined to thofe few Perfons only, who; from their peculiar Situations of Confidence, were ncceffarily employed in it's Conduct. On the following Day, His Majefty was gra- pioufiy pleafed to fend a Meffage to each Houfe pf Parliament j of which, and of the Orders I which [ 46 3 which were made by them for Addreffes to His Majefty, the following are Copies : His MAJESTY'S moft Gracious Message to the LORDS Spiritual and Temporal, in Parliament affembled. Wednefday, May 5, 1790. HIS Majefty has received-Information, that Two Veffels, belonging to His Majefty's Subjects, and navigated under the Britifh Flag, and Two others, of which the Defcription is not hitherto fufficiently afcertained, have been captured at Nootka Sound, on the North- Weftern Coaft of America, by an Officer commanding Two Spanifh Ships of War; that the Cargoes of the Britifh Veffels have been feized, and that their Officers and Crews have been fent as Prifoners to a Spanifh Port. The Capture of One of thefe Veffels had before been notified by the Ambaflador 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 Subjects from frequenting thofe Coafts, which were alledged to have been previoufly occupied, and frequented by the Subjects of Spain.- Complaints [ 47 ] Complaints were alfo made of the Fifherieo carried on by His Majefty's Subjects in the Seas adjoining to—the-Spanifh Continent, as being contrary to the Rights of the Crown of Spain. In confequence of this Communication, a Demand was immediately made, by His Majefty's Order, for adequate Satisfaction, and for the Reftitution of the Veffel, previous ; to any other Difcuffion. By the Anfwer from the Court of Spain, it appears, that this Veffel and her Crew had been fet at Liberty by the Vice-Roy of Mexico ; but this is reprefented to have been done by him, on the Suppofition that nothing but the Ignorance of the Rights of Spain encouraged the Individuals of other Nations to come to thofe Coafts, for the Purpofe of making Eftablifhments, or carrying on Trade, and in Conformity to his previous Inftructions, requiring him to fhew all poffible Regard to the Britifh Nation. No Satisfaction is made or offered, and a • direct Claim is afferted by the Court of Spain to the exclufive Rights of Sovereignty, Navigation, and Commerce in the Territories, | Coafts, and Seas in that Part of the World-. IE H« t 48 I K His Majefty has now directed His Miniver1 |] at Madrid to make a frefh Reprefentation on this Subject, and to claim fuch full and adequate Satisfaction as the Nature of the Cafe evidently requires. And, under thefe Circumftances, His Majefty having alfo received Information that confidcrable Armaments are carrying on in the Ports of Spain, has judged I it indifpenfably neceffary to give Orders for making fuch Preparations as may put it in His I Majefty's Power to act with Vigour and Effect, in Support of the Honour of His Crown and the Interefts of His People. And His Majefty doubts not but He fhall have the Concurrence and Support of this Houfe (on whofe Affection and Zeal He perfectly relies) in taking fuch Meafures, and making fuch Augmentation of His; Forces, as. may be eventually neceffary for this Purpofe. It is His Majefty's earneft Wifh that the Juftice of His Majefty's: Demands, may infure, from the: WifHom and Equity of His Catholic Majefty,- the Satisfaction which is fo unque - tionably due* and that this Affair may be te - xninated in fuch a Manner as to prevent a Grounds of Mifunderftanding in future, a to continue and confirm that Harmony a Friendihi > [ 49 1 Friendfhip which has happily fubfifted between the Two Courts, and which His Majefty will always endeavour to maintain and improve, by all fuch Means as are confiftent with the Dignity of His Majefty's Crown, and the effential Interefts of His Subjedts. G. R. ORDER of the Houfe of LORDS for an Address to His MAJESTY. Thuriuay, May 6, 1790. Ordered, Nemine diffentiente, THAT an humble Addrefs be prefented to His Majefty, to return His Majefty the Thanks of this Houfe for His moft Gracious Meffage, acquainting this Houfe with thofe Circumftances relative to the Capture of Britifh Veffels on the North-Weftern Coaft 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 Majefty's Power to act with Vigour and Effect, in Support of the Honor of His Majefty's Crown, and of the Interefts of His People; and to af- G fure r 50 ] fure His Majefty of Our ready Concurrence and Support, in taking fuch Meafurcs, and in making fuch Augmentation of His Majefty's Forces, as may eventually be neceffary on this Occafion. That We truft that the Juftice of His Majefty's Demands will enfure, from the Wifdom and Equity of His Catholic Majefty, the Satisfaction which is fo unqueftionably due to His Majefty ; and that We fhall fincerely rejoice in fuch a Termination of the Difcuffions now depending, as may prevent any Grounds of Mifunderftanding in future, and may continue and confirm that Harmony and Friendr ffiip, which has happily fubfifted between Great Britain and Spain : But that We, at the fame Time, feel it Our indifpenfable Duty to affure His Majefty of the Determination of this Houfe to concur with His Majefty, in the moft zealous and effectual Manner,, in fuch Meafures as may become requifite, for maintaining the Dignity of His Majefty's Crown, and the effential Interefts of His Majefty's Dominions. [ 5* ] His M A J E ST Y 's moft Gracious Message to the Honourable the Houfe of CO M- M O'N S, in Parliament affembled. Wednefday, May 5, 1790. HIS Majefty has received Information, thaf Two Veffels belonging to His Majefty's Subjects, and navigated under the Britifh Flag, and Two others, of which the Defcription is not hitherto fufficiently afcertained, have been captured at Nootka Sound, on the North- Weftern Coaft of America, by an Officer commanding Two Spanifh Ships-of War; that the Cargoes of the Britifh Veffels have been ' feized, and that their Officers and Crews have been fent as Prifoners to a Spanifh Port. The Capture of One of thefe Veffels had before been notified by the Ambaflador 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 Subjects from frequenting thofe Coafts, which were all edged to have been previoufly occupied, and frequented by the Subjects of Spain. Complaints were alfo made of the Fifheries carried on by His Majefty's Subjects in the G z Seas C 5* J Seas adjoining to the Spanifh Continent, as being contrary to the Rights of the Crown of Spain. In confequencc of . this Communication, a Demand was immediately made, by ' His Majefty's Order, for adequate Satisfaction, and for the Reftitution of the Veffel, previous to any other Difcuffion. By the Anfwer from the Court of Spain, it appears, that this Veffel and her Crew had been fet at Liberty by the Vice-Roy of Mexico; but this is reprefented to have been done' by him, on the Suppofition that nothing but the Ignorance of the Rights of Spain encouraged the Individuals of other Nations to come to thofe Coafts, for the Purpofe of making Eftablifhments, or carrying on Trade; and in Conformity to his previous Inftructions, requiring him to fhew all poflible Regard to the Britifh Nation. No Satisfaction is made or offered, and a diiedt Claim is afferted by the Court of Spain to the exclufive Rights of Sovereignty, Navigation and Commerce in the Territories, Coafts, and Seas in that Part of the World. His Majefty has now directed His Minifters at Madrid to make a frefh Reprefentation on this Subject, and to claim fuch full and adequate [ 52 ] quate Satisfaction as the Nature of the Cafe evidently requires. And, under thefe Circumftances, His Majefty having alfo received Information that confiderable Armaments are carrying on in the Ports of Spain, has judged it indifpenfably neceffary to give Orders for making fuch Preparations as may put it in His Majefty's Power to act with Vigour and Effect, 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 moft perfect Reliance) to enable Him to take fuch Meafures, and to make fuch Augmentation of His Forces, as may be ■eventually neceffary 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 terminated in. fuch a Manner as to prevent any Grounds of Mifunderftanding in future, and to continue and confirm that Harmony and Friendfhip which has fo happily fubfifted between the Two Courts, and which His Majefty will always endeavour to maintain and improve. r 54 i improve, by all ^n Means as are confiftent with the Dignity of His Majefty's Crown, and the effential' Interefts of His Subjects. G. R. The RESOLUTION of the Houfe of COMMONS for an Address to His MAJESTY. Jovis, 6° Die Mail, 1790, REsotVED, Ne'mine contradicente, THAT an humble Addrefs be prcfented to His Majefty, to return His Majefty the Thanks of this Houfe, for His moft Gracious Meffage, acquainting this Houfe of thofe Circumftances relative to the Capture of Britifh Veffels on the North-Weftern Coaft 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 Majefty's Power to act with Vigour and Effect in Support of the Honor of His Majefty's Crown, and of the Interefts of His People; and to affure His Majefty,.that We fliall readily proceed to enable His Majefty to take fuch Meafures, and to make fuch Augmentation of His Majefty's Forces, r 55 j Forces, as may eventually be neceffary on this Occafion. That We truft that the Juftice of His Majefty's Demands will cnfurc, from the Wifdorri and Equity of His Catholic Majefty, the Satisfaction which is fo unqueftionably due to His Majefty ; and that We fhall fincerely rejoice in fuch a Termination of the Difcuffions now depending, as may prevent any Grounds of Mifunderftanding in future; and may continue and confirm that Harmony and Friend- fhip, which has happily fubfifted between Great Britain and Spain : But that We, at the fame Time, feel it Our indifpenfable Duty to affure His Majefty of the Determination of His faithful Commons to afford His Majefty the moft zealous and effectual Support, in fuch I Meafures as may become requifite, for maintaining the Dignity of His Majefty's Crown, and the effential Interefts of His Majefty's Dominions. | WHILE thefe Steps were taking, to vindicate the Honor of the Britifh Crown, and to obtain an adequate Satisfaction from the Court of Spain, the other Departments of His Majefty's Government were employed in ta- : t 56.1 king every Meafure which was proper, for I carrying into Effect His Majefty's vigorous Counfels, and for putting His Diftant Pof- feflions into a State of adequate Defence. For this Purpofe, immediate Notice, with proper IJETfttMctions for their Conduct at fo critical a Period, was fent to the feveral Con- fuls on the Coaft of Barbary, and to Major- General O'Hara, commanding at Gibraltar.* Lord Heathfield, the Governor of that important Fortrefs, folicited and obtained His Majefty's Permiffion to refume. his Command, and fet out on his Return to the Garrifon. ' The Seventh Regiment of Foot was ordered to embark without Delay to the fame Place, to join their Colonel His Royal Highnefs Prince Edward. • At the fame Time every Attention was fhewn to the Security of His Majefty's Poffeffions in America and the Weft Indies, which might reafonably be fuppofed to be more open to any fudden hoftile Attack. . Lord Dorchefter, the Governor of Canada, Who had fignified his Intention of returning ™ England the enfuing Summer, was directed * May 6. + Same Date, to [ 57 ] to remain in his Government, where his Experience and Abilities were judged to be of the greateft Importance. As it was doubtful whether, confiftently with the other Exigencies of the State, a Reinforcement of Troops could be fent out this Year to Canada, his Lordfhip was directed to take proper Meafures for embodying the Militia in that Province, fhould fuch a Meafure, in the Courfe of Events, appear to him toTie neceffary : And he was further inftructed to cultivate, as much as pof- fible, the Friendfhip of the Inhabitants of Vermont, in order to prevent any Alarm which might arife on the Part of the United States of America. As this was an Occurrence on every Account to be deprecated, and againft the Poffibility of which it behoved the Wifdom of His Majefty's Government to provide as certainly as the Exigencies of the Moment would permit, Lord Dorchefter was directed to adopt every Means in his Power to influence the Americans in Favor of the Britifh Nation; and to prevent them from being induced, by any Reprefen- tations of the Court of Spain, or by any Offers which might be held out to them by that Power,, to join with Her in the Event of Her H I Conteft [ 5* } Conteft with England. For this Purpofe, in Addition to the friendly Profcffionc, which he had conftantly held out to them fince the Peace, he was inftrudted to explain to them the real Nature of the Spanifh Pretenfions; by Which an Exclufive Claim, as- againft all the World, was advanced by them to the Pofieffion and Dominion of the Whole Weftern Coaft of America and the adjoining Seas; a Claim, which, if admitted, muft of courfe operate as ftrongly and as difadvantageoufly againft the Americans as againft the Englifh, and muft put an End to the Profccution of their Fur Trade, which was become fo material for the carrying on of their Commerce to China. He was alfo diredted to fuggeft the important Confequences which might refult from the Navigation of the Miffiffippi being opened to them; Advantages at leaft as great, as could poffibly be expected from their becoming poffeffed of the Forts on Jhe Frontier of Canada; particularly when if was confidered, that they might acquire the former, by the Affiftance of Great Britain, much more eafily than they could hope to pof- fefs the latter, againft Her Will, by the Help .pfSpajn. Notices £ 59 ] Notices of the Oifcuffions in Queftion were fent to tfoeGovernors of Barbadoes, St.Vincent, the Leeward and Bahama Iflands, Dominica, Cape Breton and Nova Scotia J, with Directions to tranfmit the carlicft Intelligence in their Power of the State and Preparations of the Spaniards and French in thofe Parts of the World, together with accurate Statements of the Forces under their refpective Commands; and the Governors of thofe Places, where Works of Defence were carrying on, had Orders to expedite them as quickly as poflible, and to take the proper Steps for calling out their feveral MHitias, fhould Circumftances render fuch a Meafure advifeable. As an Increafe of our Military Force in the Weft Indies was deemed expedient, the Thirteenth and Fifteenth Regiments of Foot, which lhad been on the Irifh Eftablifhment, were ordered to embark immediately at Cork, having previoufly been augmented to Seventy Men, befide Officers and Non-commiflioned Officers, per Company: And the Forty-feventh and Sixtyjfccond Regiments, which had lately been fent to Nova'Scotia, for the Purpofc of relieving the !Fifry-fourth and Fifty-fcventh Regiments, H 2 (whofe J May 6. . [ 6o ] (whofe Removal was now countermanded) were ordered to the Weft Indies; the former to the Bahamas, and the latter to Jamaica. They were to be tranfported in the Endymion and Actaeon, each of Forty-four Guns, which were directed afterwards to join the Squadron on the Jamaica Station. Orders were alfo fent [| to Governor Parry at Barbadoes, and to Lieu- tenant-General Matthews at Grenada, to provide Quarters for a confiderable additional Force, which might probably be fent to thofe Iflands in the Event of a War: And Major- Gcneral Williamfon was directed immediately to repair to Jamaica, as Commander of the Forces. That nothing might be omitted in that Quarter of the World, which might tend to the Security of His Majefty's Subjects, the Earl of Effingham, who had recently arrived as Governor in the Ifland of Jamaica, was directed * to pay a particular Attention to the Settlers in the Honduras. Though it was impoffible for His Majefty, confidently with good Faith, to fend Troops or other Articles of Military Preparation there, previoufly to an actual Rupture with Spain, yet it was extremely defireablc that | May 22. * May 6. [ 6i ] that Preparations fhould be made for fending down, immediately and without the fmalleft Delay, both Advice and Affiftance to the Settlers in cafe of Neceffity. Lord Effingham, therefore, was apprized of this Circumftance, and was particularly directed, on the firft Notice he might receive from Home of a War, or on any other fufficient and authentic Information of the adual Commencement of Hoftilities, to difpatch a Veffel to the Honduras, for the Purpofe of conveying Notice of fuch an Event to the Britifh Settlers, and of carrying to them a fufficient Supply of Arms and Ammunition. Within a very fhort Time after this Inftruc- tion was fent, His Majefty's Minifters, reflecting on the Importance of the Settlement in Queftion, and, conceiving that, on many Accounts, it might become an Object of early Attack to the Spaniards, thought proper -f to difpatch a Sloop c f War directly to the Honduras, to guard the Settlers againft any Surprise, and to convey fuch a Quantity of Arms and Ammunition, as might enable them to defend themfelves in cafe of Neceffity. The Commander of the Sloop, however, was ftrict- t May 15. If th'arged to abftain from giving any Canfe j bf Complaint to Spain, and not to land the j Arms and Ammunition he conveyed, unlefi formally required fo to do by Lieutenant-Co- \ foncl Hunter, the Superintendant of the Settlement. In cafe of fuch a Rcquifition being \ made, he was ordered to land them, and to "co-operate to the utmoft of his Power with ' Colonel Hunter and the Settlers. And, that every Thing might be done which could con- ^d•uce to the Safety of thefe Perfons, Lord Effingham was, at the fame Time, directed to fend them a Supply of Provifions from Ja* maica. While thus every Mcafure was adopted, which could tend to the Security of His Majefty's Weftern Poffeffions, His Confidential Servants were not lefs attentive to the Eaft Indies, nor lefs prompt in providing againft a "poffible Attack in that Quarter, or for an effectual Exertion of the Britifh Force, fhould "the Conduct of the Spaniards juftify fuch an En'terprize. Inftructions were fent J over Land by an Officer, and by the Company's Ships then under Difpatch, to Earl Cornwallis, "Governor General of Bengal, directing him, in t May ia. E 63 ] in concert with General Medows and Com* niodore Cornwallis, to take all preparatory Steps for getting ready One Regiment of the j 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 Men4 for the Purpofe of acting offenfively from the Eaft Indies againft the Spanifh Settlements in [ the Phillippines, or on the Weftern Coaft of l America, fhould Orders come out from Eng* [ land to that Effect: And he was further in- | ftructed to provide a fufficient Quantity of \ j Shipping to convey thefe Troops, and to coU ledta Sufficiency of Artillery, Camp Equipage, and other Stores, as well as Salt Provifions. I This Difpatch had left England a very fhort ITime, when a Piece of Intelligence arrived, H which made it neceffary in fome Degree to [alter the Inftructions thus fent out, An At- I tack had been made by Tippoo Sultan on an Ally of the Eaft India Company, which, it was apprehended, might occafion the Britifh Government in that Penjnfula to interfere, land might lead on to a War with that powerful I Prince. In confequence of this Event, His Majefty's Minifters conceived that it would [ 64 ] not be advifeable" to detach fo many Men from that Country on an Expedition againft the Spaniards, as had been mentioned in the preceding Letter. A frefh Instruction was there- BBBfent * to Lord Cornwallis, by the Swallow Packet, directing him to hold in Readi- nefs 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 immediately 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 ordered to fail in Two Divifions, the Firft in January next, the Second in February; and, having performed this Service, to join Commodore Cornwallis, either at the Manillas or in the Bay of Bengal, according to the Information they fhould receive. Befides thefe Reinforcements, a Quantity of Salt Provifions, fufficient for • June 1 t 65 J .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 putting His diftant Poffeffions into a State of adequate Defence, and for making fuch Preparations for active Service as Circumftances 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 effectual Interference of His Majefty, having united Great Britain and that Country in ftrict Friendship, and having been followed by a Defenfive Alliance between Them and the King of Pruffia, it was, on every Account, proper, that the earlieft In- I timation t 66 j timation of the impending Bufinefs fhould be fent to thofe Courts. Accordingly, on the 4th of May, every requifite Information on that Subject was fent to Lord Auckland, His Majefty's Ambaflador to the States General ; and his Excellency was inftructed to ftate to the Prince and Princefs of Orange, the Grand Penfionary and the Greffier, that the King, relying with Confidence on the Juftice of His Caufe, as well as on the Sincerity of His Wifhes to avoid, if poffible, the Interruption of Peace with Spain, was confident of the Meafures He had adopted being approved in Holland; and that, fhould the Injuries of which He complained not be redreffed, He made no Doubt of the Support of His Allies, if the Conteft, which then would be inevitable, fhould make it neceffary for His Majefty to call upon them to fulfil the Engagements of the Alliance. A fimilar Communication was made on the 7th to the Court of Berlin. By another Letter to Lord Auckland, alfo dated the 4th of May, the Duke of Leeds defired his Excellency to inform him, previous to any Demand of the Succours Stipulated by Treaty being made, whether a certain Number [ 67 1 ber of Ships might not be furnifhed by the Republic, to act 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 ftricteft Interpretation of our Alliance, This is a Cafe in which we fhould 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 Bufinefs, to induce the Republic to make Immediate Preparations for equipping a Squadron, under an Engagement from us to contribute to theJExtraordinary Expences ari- fing from that Meafure; and that fuch a Demonstration, made in concert with us at the Outfet, might have the greateft Effect in preventing adtual Extremities, and might thereby equally promote the Views and the Interefts of This Country and of Holland. This the Duke Stated 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 Ministers the neceffary In forma-; tion on. the Subject; and Lord Auckland was further directed to fend over, with the utmoft I 2 Expedition, [ 68 ] Expedition, an accurate Account of the whole of the Dutch Naval Force, cfpecially of that Part ferving on Foreign Stations, distinguishing the feveraj Stations. Thefe nepeffary Steps having been taken towards Holland and Pruffia, and a Foundation having been laid for Support and Affiftance in the Event of a War, His Majefty's Ministers thought it advifeable to purfue fuch a Line of Conduct towards France, as Should prevent that Power from taking a Part againft us in Payor pf Spain. With this View, a Communication of all the recent Circumftances was made, on the 7th of May, to Lord Robert Fitz-Gerald, His Majefty's Charge* d'Affaires at Paris; and he was directed to take an early Opportunity of explaining the Whole of this Bufincfs to Monfieur de Mpntmorin, and to jiffure him, in the moft explicit Manner, that the Preparations going forward in This Country were made folely with a View to the Situation, in which His Majefty found Himfelf in relation to the Court of Spain, and for the Purpofc of defending His juft Rights : That the King was fincerely defirous of terminating the Affair by Negotiation, if it could be ef- ftdted pn fair and honourable Grounds; and that He r (>9 i He was perfuaded the Court of France would fee, in it's juft Light, the Conduct which His Majefty found Himfelf indifpenfibly obliged to adopt on this Occafion. Lord Robert was alfo instructed to repeat the Affurances which, from Time to Time, he had been instructed to make, of His Majefty's fincere Defire to preferve the Harmony and Good Understanding at prefent happily fubfifting between This Country and France. At the fame Time, Circular Letters were written to all the King's Ministers residing in the different Courts of Europe, acquainting them with the Bufinefs in Difcuffion, and requiring them to fend Home the earlieft and moft compleat Accounts of every Thing which might have a relation to it. O N the ioth 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 pf the Line, Six Frigates and Two Sloops, had failed on the 14th Inftant from Carthagena, and had taken a Wefterly Courfe : That Orders had been fent to that Port, for Six Sail of J I 7" J of the Line and Two Frigates to be prepared for Sea with all poffible Expedition : That Four Line of Battle Ships (Two of them Firft t Rates) and fome Frigates, were arming at Cadiz : That One Ship of 112 Guns, One of 84, another of 74, a Frigate, and Two Store-Ships of 40 Guns each, were arming at Ferrol; 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 already been Stated, a very delicate and important Commiffion was intrufted by the Duke of Leeds's Private Letter of the 4th Inftant, loft no Time in carrying into Effect His Majefty's Wifhes. Having communicated to the Prince and Princefs of Orange, the Penfionary, and the Greffier, the Contents of that Difpatch, he was defired by them to exprefs their grateful Acknowledgements for fo early a Communication of this very important Bufinefs, which they considered as a Mark of particular Attention, exciting them* to Alacrity and Ear- neftnefs in our Caufe. This Acknowledgement was followed by the moil active and friendly Exertions, and by the raoft unequivocal C 71 1 vocal Proofs of the good Disposition of that Government, to go even beyond His Majefty's Dcfires, in their Efforts to affift this Country in the Event of a War. Lord Auckland received an Account of the Dutch Navy, by which it appeared, that the Number of Ships of the Line, in actual Existence, in the different Ports of the Republic, was near Forty, upon the Establishment and Annual Repartition of the Provinces: That of thefe, about Half the Number was in a very good State, and, fhould His Majefty wiSh to have them immediately, in Part, or in the Whole, fitted for f Service, the States General would agree to it, provided Great Britain would charge herfelf j with the Expence. Of this, however, Lord Auckland promifed to fpeak more precifely in I his next Difpatch. Of Ships immediately in I Readinefs, befides the Frigates in the Eaft and I Weft Indies, there were Stationed in the I Texel and Uliffengen, One Ship of Seventy 1 Guns, Two of Sixty, One of Fifty, Two of I Forty, Two of Twenty, befides fome Cutters f and armed Brigs; and, in the Mediterranean I and Archipelago, Two Ships of Forty and 1 Forty-four Guns, One of Thirty-fix, ana One Iof Twenty-four. The Veffels in the Texel 1 and [ 72 ] and Uliffengen might be fent to Sea iri the Courfe of a Month; and, within Three Months, the Squadron r.:ight 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 conducting 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 loft in preparing and in forwarding' to him, at that Place, the Inftructions, by which his COnver- fations with the Spanifh Ministry, and his Conduct in every poffible Contingency, were to be regulated. Thefe were forwarded on the 16th of May. In the Firft of thefe Difpatches, Mr. Fitz- Herbert was directed to maintain, on the r 731 ftrongeft Grounds, (namely, the Memorial delivered by Mr. Meares, and the Vouchers fupporting it) the Juftice of His Majefty's Demands; and, at the fame Time, to endeavour, by a frank and open Communication, to make the Court of Spain fenfible of the Real Motives which adtuated His Majefty's Conduct on this Occafion ; which were only to obtain an adequate and neceffary Reparation, in confe- quence of an In Cult clearly indefenfible, and to eftablifh fuch an Arrangement, refpecting the Points in Queftion, as might do Juftice to the fair Rights and Interefts of Both Countries, and remove Occafions of Mifunderftanding or Uneafinefs in future. His Majefty, far from having hoftile Views againft the Court of Spain, would, with Sincere Concern, find Himfelf under the inevitable Neceffity of proceeding to Extremities, and of foregoing thereby thofe Advantages of Peace, which His Majefty would greatly prefer to any Succeffes which could be derived from War. Should a Similar Difpofition exift on the Part of the Spanifh Court, the Interruption of Tranquillity might Still be prevented, by a full and fatisfactory Explanation. K It C .74 ] • It was then Stated, that the Obtaining of That Reparation which His Majefty had demanded, in the firft Inftance, was Indifpenfible; and that This Point muft be afcertained, in fome regular Mode, before any Formal and Ministerial Difcuffion could take Place with regard to the other Quefiions. Mr. Fitz-Herbert, therefore* was instructed to take the firft Opportunity of Stating to the Spanifh Minister, that he was not at Liberty to give or to receive from him. Ministerially any Projet for any Ulterior Arrangement, until it had been firft agreed that Adequate Satisfaction is to be given ; at the fame Time, however, he was to add, that he was instructed, in cafe the Point of Satisfaction Should be fettled, to difcufs, in the fulleft and moft amicable Manner, the Principles on which His Majefty conceived a proper Arrangement might be formed to prevent Difputes in future. The Particulars of the Satisfaction to be demanded, which were no more than what was ab- folutely neceffary for theHonor of His Majefty's Crown, and which, it was hoped, the Equity of the Catholic King would induce Him readily to agree to, were Thefe : That LL [ 75 ] That a Declaration Should be given, in the Name of His Catholic Majefty, Stating in Subftance, that, in confequence of the Complaints made by His Majefty of the Conduct of the Spanish Officer at Nootka, His Catholic Majefty, in order to Shew His Defire to remove any Caufe of Mifunderftanding between the Two Crowns, has agreed to make Satisfaction for the Injury complained of. That His Catholic Majefty fhould undertake to reftore whichever of the Two Ships (viz; the Argonaut and the Princefs Royal) has not been restored already, and alfo to reftore the North-Weft America, if that Ship Shall be proved to be Britifh Property, and to have been navigated under fuch Circumftances as would, according to the eftablifhed Laws and Practice of Nations, entitle it to the Protection of His Majefty: And further, that His Catholic Majefty Should engage to make Full Com- penfation to the Owners, as well of thefe Ships as of the Iphigenia, (fuppofing the latter alfo to be proved to be Britifh Property.) That the Fact, whether the North-Weft America, or the Iphigenia, fhould be considered as Britifh Property, and alfo the Amount of the Loffes to be compenfated, may, K2 if I 76 ] if neceffary, be referred to be afcertainedby Commiffaries, or may be regulated by further Examination and Difcuffion. Should thefe Stipulations be agreed to, fuch a Declaration of an Intention to give Satifr faction, together with the Restitution and Indemnification as above StatedT^would be considered by His Majefty as adequate Satisfaction ; and His Majefty would authorize a Declaration to be made, in His Majefty's Name, Slating, that He accepted it as fuch. The Second Difpatch to Mr. Fitz-Herbert contained the Outline of fuch Ideas, as Should form the Groundwork of his Converfations with the Spanifh Ministers, if, by giving the Reparation demanded, the Court of Madrid fhould open the Way for further Difcuffion, refpecting the Rights and Interefts of the Two Nations, as connected with the Points in Queftion between them, For this Purpofe he was informed, that His Majefty's only Objedt was to obtain fuch Security, as Should protedt His Subjedts in future in the Exerciie of their juft Rights, and fhould remove all Grounds of Mifunder^. Standing between the Two Courts, Some [ 77 } Some Stipulation or Agreement for -this Purpofe appeared to be rendered neceffary by the Nature of the Spanish Claims. Thefe, it was indifpenfible, ought not only to be formally denied by His Majefty, but His Majefty, with a View to the Security of His Subjects, and to the future Harmony between the Two Courts, Should be fatisfied that the Court of Spain has no Intention of enforcing them againft His Majefty's Subjects in future. It was further Stated, that it was not His Majefty's Wifh to go beyond thefe Points into Questions of Abstract Right, unlefs the Court of Spain Should render it unavoidable; it being more advifeable to endeavour to form profpec-* tively fuch a Settlement, as might fecure the juft Interefts of Both Parties, and distinctly afcertain their relative Situation for the future: That, however^ it would be proper for Mr. Fitz-Herbert to State, that, if the Court of Spain Should make it unavoidable to reft the Difcuffion on'this Queftion of Right, His Majefty can never-admit the Territorial Claim of That Court, extending as it does to Places, which can in no Senfe be alledged to be either poffeffed or occupied by the Subjects of that Crown i fuch a Claim being contrary both to C 7« I to the established 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 Commerce in the American or Pacific Seas was Stated to be equally inadmiffible; as, according to the Principles of the Law of Nations, and the fair Construction of Subfifting Treaties, the Rights of Spain can extend only to exclude Britifh Ships from the Ports of Countries Actually in the Poffeffion of Spain, and to carry into Effect the neceffary Regulations for preventing a contraband Trade with their Colonies or Settlements; and that, confequently, the Court of Spain can have no Ground for afferting a Right to obstruct the General Freedom of Navigation and Fisheries in the American or Pacific Seas ; 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 Should only look forward, and remove Occafions of Mifunderftanding in future, Mr. Fitz-Herbert was instructed, that the Firft Point would be, to Secure His Majefty's Subjedts in carrying on I the i 79 1 the Fifhery for Whales and Seals, in arty Part of the American Seas or of the Pacific Ocean. For this Purpofe it fhould be Stipulated, that they fhould meet with no Moleftation froi.. the Officers or Subjects of His Catholic Majefty when fo employed, or in coming on Shore for the Purpofe of their Fishery, or for that of getting Wood, Water, or other Refreshments in any of the Unfettled Parts of the American Continent, or in any Unfettled islands in thofe Seas. In framing fuch an Article no Words Should be ufed, which might make this Agreement appear a Conceflion on the Part of Spain, and might thereby imply an Admiffion on our Part of their Sovereignty. 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 Provifions which could be pro- pofed, for effectually preventing His Subjects from making the Fishery a Pretext for carrying on any Contraband Trade with any of the Spanish Settlements in America; and to pro- pofe a General Article, engaging that His Majefty will take the molt effectual Meafures • in His Power for this Purpofe. An I 80 3 Ah Exclufive Right in the Court of Spain to any Territorial Claim was declared to be Inadmiffible, unlefs founded on Actual Occupation and Established Poffeffion, prior to any other - European Nation. This cannot be -proved to have been the. Cafe, prior to the late Tranfadtion, in any Part of the Continent North of the Spanish Settlements in California, but efpecially not at Nootka j and, if any. Part of that Coaft has been occupied by Spain, Since the Date of the Violence committed by the Spanish Officer, That Occupation cannot be confidered as giving any Exclufive Right againft the British Crown. There having been fuch a bona-fide Occupation of Nootka Sound by British Subjects* as would give a Title to the Lands occupied . by them, and a P :ght to carry on their Commerce there, unlefs a Prior Poffeffion on the Part of Spain or of any other Nation (of which His Majefty's Ministers are not yet apprized) can be proved ; His Majefty's Subjects, unlefs this is the Cafe, muft be reftored to the Poffeffion of the Lands purchafed by them in thofe Places. Willi t 81 1 '' With refpect to the Permanent Principle', on which the Right of making Further Establishments On any Part of the Coaft in future Should be regulated, it was Stated to be evidently reafonable, that All European Nations fhould bfe*||npetent to make fuch Establishments by a bona-fide Purchafe, Occupation and Poffeffion; though it would not bejuft, that fuch Establishments Should exclude Other Nations from a Commerce which they had previously carried on upon fuch Coaft. A Stipulation to this Effect Should therefore be inferred in any Treaty or Convention to be made on This Subject. Mr. Fitz-Herbert was further instructed, not to conclude any Thing Definitively, without frefh Inftructions, and to take, ad referendum, ?ny 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 Majefty might pof- fibly be induced to enter into an Agreement with His Catholic Majefty, by which the Two Crowns Should bind themfelves not to make L in [ 8z j in future any Settlement on the Continent of ISlands of I 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 instructed, in the Event of a Pofitive Denial of Satisfaction being given to Mr. Merry, or even an Order to quit Madrid, (of which he would become apprized by opening the Difpatches of any Meffengcr from Mr. Merry whom he might meet on his Road) not to proceed in his Journey without further Inftructions. As there was One other Contingency Still to be provided for, namely, the CircurnStance of the Court of Spain determining to fupport it's prefent Pretentions, and Mr. Fitz-Herbert being ordered to quit Madrid, it will be proper in this Place to mention that, on the 25th of May, that Minister was directed (by a Difpatch fent in the moft expeditious Manner) in fuch a Cafe Immediately to repair to LiSbon where a Frigate would be ready for his own Conveyance, and fome Sloops for the Purpofe of carrying any Difpatches he might have Occafion to forward. Should the Court of Spain however, I 83 ] however refolve upon a War, but Should not order Him to quit Madrid, Mr. Fitz-Herbert was directed Immediately to fend the Duke of Leeds Notice of that .Event, and to remain there until he Should receive FreSh Instructions for his future Condudt. Wh'te His Majefty's Confidential Servants ,were thus exerting themfelves, to provide for every poffiblc Contingency which might arife from the pending Negotiation, Mr. Fitz- Herbert, whom a Slight Indifpofition had detained at Paris, and Lord Robert Fitz-Gerald, loft no Time in communicating to the French Ministry the actual State of the Bufinefs, and in founding their Difpofition, as well as that of the National Affembly, towards this Country. As the Interefts of thefe Two r Bodies were evidently distinct, it is no furpri- zing that a Communication of this very interesting Nature Should have affected them differently; and that while, on the one Hand, the French Ministry caught at an Opportunity, which they deemed favourable for the Recovery of that Power of which the King • had been deprived, the National Affembly L 2 Jhould [ 84 ] fhould have fcjzed it as the Means of curtailing ftill more the Royal Authority. Monf. de Montmorin accordingly took ah early Opportunity of expreffing his. Regret, and that of His Moft Christian Majefty, at the Mifunderftanding fubfifting between the British and Spanish Courts; and, with many Ex- preffions of Friendship and Defire of prefer- ving Harmony between them, insinuated an Offer of Mediation on the Part of his Royal Mafter. At the fame Time, however, he thought proper tq obferve, that the British Armament rendered it neceffary for France to arm on Her Part; but that this was merely a Meafure of Precaution, which the French King would be very defirous to terminate as foon as poffible. He cqncludcd by faying, that, in this Hope, the French King would ftrenuoufjy Second our Negotiation at Madrid, in the Confidence, that Nothing would be propofed 10 the King of Spain, which could affect His Dignity, His Rights, or the Effential Interefts tf His Crown. This Declaration to our Ministers was immediately followed by an Order for fitting out Fourteen Sail of the Line, and by a Communication of that Qrder to the National Affetri- bJy, [ 85 ) bly, to whom, from the Change which had taken Place in that Country, it now was become neceffary to refort, for the Purpofe qf receiving the Sanction of that Body, and qf obtaining a Supply neceffary for carrying the Meafure into Execution. On the Communication being made, the Sanction and the Supply demanded were granted without Hefitation. But as, from the infidious Language held in that Affembly by many of it's Members, who were 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 almoft inevitably follow, might ultimately tend to the Re-eftabliShment qf the Royal Authority on it's former Footing, the Democratical Part of the Affembly, aware of their Drift, eagerly caught at the Moment for carrying into Execution their Plan of transferring the Power of making War and Peace from the Crown to the National Affembly. A Meafure of this Magnitude, on which fo much was expected to depend, and which called forth the Strongest Exertions on cither Side," divided the National Affembly into Three I .-«6 | "Three ^Factions. Of thefe, the moft confpi- cuous confifted of violent Republicans, whofe 'Objedt was to deprive the King altogether of that Prerogative, which they contended belonged folely to the Nation. The Second was the Ariftocratical Party, which, in a Manner .equally violent, endeavoured to veft this Power exclusively in the King. The Third, which was a Branch qf the Republican, Party, but more moderate in Principle, exerted itfelf to place this Prerogative in the Hands of the King, fubject, however,"to certain Restrictions and Limitations. This Party, which proved to be the moft numerous and powerful, at length prevailed in the Affembly; and, after a Debate, which continued by Adjourments for near a Week, a Decree was made, which, . by Steering between the two Extremities, and by endeavouring to reconcile contradictory Proportions, left the Bufinefs, in a State of confiderable Uncertainty, and in a Way which could not pleafe either the Royalifts' oc the Republicans; but which might hereafter be conftrued in a Senfe agreeable to the Views of either Party as it became predominant, and might equally affift the Operations of Executive 'Government, or be an Engine in the Hands of [ 87 ] of Oppofition, to cramp or to impede .the Royal Exertions. This remarkable Decree* which, as it pof- fibly may operate Strongly in the future Inter- '• courfe between this Country and France, it may be proper to give fomewhat in detail, contains Ten Propositions. The Firft declares the Right of Peace and War to belong to the Nation. The Care of watching for the External Safety of the Kingdom, and of maintaining it's Rights and Poffeffions, is, by the Second, declared to belong to the King. On Him like- wife is devolved the Right of keeping up Foreign Political Relations, the Conducting of Negotiations, the Choice of Agents, the making of Warlike Preparations proportioned to thofe of the Neighbouring States, the Distribution of the Military and Naval Force in fuch Manner as He may deem expedient, and the Command and Direction of it in cafe of War. By the Third, the King, in the Cafe of Hoftilities, whether Impending or Commenced, arifing from Commercial Interefts, from ithe Support of an Ally, or 'from a Neceffity of %—-—_ maintaining > t 88 j maintaining by Arms a Righf, is bound to notify fuch a Circumstance, without any Delay, to the Legislative Body; to explain it's Caufes and Motives; and, if the Legislative Body Should not be actually fitting, to convene it immediately. On fuch a Notification, if {he Legislative5 Body fhould be of Opinion, that the Hoftilities fo commenced have arifcn from a culpable Aggrcffion on the Part of the Ministers, or any other Agent of the Executive Power, the ' Fourth Proposition declares, that the Author of ■ fuch Aggreffion Shall be profecuted for the Crime of Lize-Nathn. And the Article concludes by a Declaration, (which, whaisver it's Propriety may be> certainly has little Connection with the preceding Paragraph) that the French Nation renounces eve«y Species of Conqueft,- and that it will never employ it's Force againft the Liberty of Any People. If, however, on fuch a Notification as that juft mehtioned, the Legislative Body Shall decide againft a War, the Executive Power is, by the Fifth Article, bound immediately to take proper Meafures to put an End to it, and to prevent Hoftilities ; the King's Ministers being being refponfible for any Delay which may. arife in fo doing. By the Sixth, the Terms in which every Declaration of War is to be couched are, De la Part du Roi\ au Norn ds la Nation. The Seventh declares the Power of the Legislative Body, in Cafe of an existing War, to require the Executive Power to conclude a Peace. By the Eighth it is provided, that, on the Termination of a War, the Legislative Body Shall have the Power of fixing the Time for difbanding the Extraordinary Troops, and for reducing the Army to a Peace Establishment. It is alfo declared, that the Pay of the Extraordinary Troops Shall ceafe at the Time fixed for their being disbanded ; after which, if they remain embodied, the Ministers Shall be refponfible, and Shall be profecuted for Leze- Nation. This Refponfibility of Ministers, however, appears to be left a little unfettled, as the Conclusion of this Article contains an Injunction on the Committee of Conjlitution, immediately to enter on theTaSk of afcertain- ing the Mode, by which Refponfibility can M be 1 C 90 ] be made to attach on the Servants of the Crown. The Ninth Article gives to the King the Power of concluding and of figning with Foreign Powers fuch Conventions as He may judge neceffary for the Good of the State; with a Provifo, however, that Treaties of Peace, of Alliance, and of Commerce, Shajl be executed only fo far as they fhall be Ratified by the Legislative Body. By the Tenth Article (which appears to be rather an Addition to the Firft) it is declared, that no War Shall be decided upon, except by a Decree of the National Affembly, made in confequence of the Formal and Indifpenfible Propofition of the King, and Sanctioned by Him. THIS Decree received the Royal Sanction on the 28th of May; when, on the Requisition of the King, an Occasional Decree was paffed, purporting, that Sailors for Manning the Navy Should be levied as ufual. WHILE thefe Matters were tranfacting at Paris, His Majefty's Servants at Home were anxioufly [ 9i ] anxioufly employed in carrying on the neceffary Preparations, that every Thing might be ready, Should a Refusal 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 Neceffity of the Times appeared to require. Of thefe a material one was the Appointment of Earl Gower as Ambaflador Extraordinary at the Court of France. This Nomination was notified to the French Ministry on the 21 ft of May, and Shortly afterwards his LordShip 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 insinuate, on the Part of his Royal Mailer, an Offer of Mediation between England and Spain; and as this was a Circumftance which His Majefty could by no Means agree to, or wiSh, even by His Silence, to fuffer to pafs without Contradiction : Lord Gower, in Addition to his General Inftrudtions, Was directed to beftow a particular Attention to the Nature of the Converfation he was to hold M 2 with [ 92 ] with Monf, de Montmorin, on the Subject of the Differences fubfifting between His Majefty and the Catholic King. He was inftrudted, not to fail to repeat to That Minister the Affurances already given to him, of His Majefty's earneft WiSh to preferve entire and unabated that Harmony at prefent fo happily fubfifting between England and France; af- furing Monf. de Montmorin, that it was the Ring's Real Defire to fettle the prefent Differences with the Court of Madrid in a fatif- fadtory and friendly Manner. His Excellency was diredted at the fame Time carefully to avoid giving any Degree of Encouragement to France to offer their formal Mediation ; and, fhould any Offer be made to him, either of Mediation or of Good Offices, he was instructed to take it only ad Referendum; the Injury received by His Majefty being of a Nature 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 any Difference to adjuft with One of Thofe Powers, His C 93 ] His Majefty's Ministers expreffed their Opinion to Lord Gower, that fuch Influence, as the French Court might poffefs over the Councils of That of Madrid, might perhaps have a good Effect, if exerted with a View to incline Spain to Pacific Sentiments; that This, however, muft be Spontaneous on the Part of France, as it could not, in any Shape, be applied for by us. With refpect to the Armaments ordered in the French Ports, Lord Gower was told, it feemed not advifeable to take any further Notice of them, at prefent, than to confider them, as they had been reprefented by Monf. de Montmorin to the Marquis de la Luzerne, and by him to the Duke of Leeds, only as a Meafure of pure Precaution. For, although His Majefty's Ministers would not ceafe to be attentive to what is paffing in France, a Formal Representation on the Subject, under the prefent Circumftances of That Country, might perhaps, in the Event, promote fome Meafure, which, even if it Should not be attended with any ferious Effect, might make, for the prefent, an Unfavourable Impreffion, and render an Amicable Termination of the DifcuSfions with Spain [ 94 J Spain lefs likely. Lord Gower, however, was directed to be particularly attentive to the j Nature and Progrefs of thefe Armaments, as well as to the Means by which it was propofed 1 the Expences of them Should be defrayed. LORD Auckland having, as has already been Slated, obtained the Concurrence of the Prince and Princefs of Orange, the Grand Penfionary and the Greffier, with His Ma- I jefty's Propofal, loft no Time in promoting the great Object intrufted to him. Having prevailed on the Greffier to make a Confiden- |. tial Communication of the Bufinefs in Quefr tion to the Secret Committee of Their High Mightineffes, he received from him on the 12th of May a Copy of the Refolution entered into by That Affembly. By this They gave the moft positive Affurance of their accomplishing, on every Occafion, their Engage- . ments with His Majefty, as an Indifpenfible Duty, however difficult or painful fuch Ob- fervance might be on particular Occafions, Of thefe Sentiments they declared themfelves ready to give unequivocal Proofs, in every Cafe where the Treaty of Defenfivc Allknce could attach; and, for this Purpofe, they Slated themfelves [ 95 1 felves to be ready Immediately to take fuch Steps as the Nature of their Government would permit. As a Proof of the Sincerity of this Affurance, the Recruiting of Sailors was diligently profe- cuted; and Orders were given for advancing the Preparation of feveral Veffels, as far as it - could be done without rifquing material Ex- pence, and for coppering fome Ships of the Line, already fit for immediate Service. By thefe Meafures, a confiderable Advantage was derived from the Provinces being fully prepared by them for the Demand of the Succours Stipulated by Treaty, in cafe of an actual War; and it was extremely fatisfactory to discover, as happily was the Cafe, that the Alarm under fuch a Probability had been much lefs, even at Amsterdam, than could have been expedted. Lord Auckland was not lefs attentive to the other important Bufinefs committed to his Charge, of afcertaining whether a certain Number of Ships might not be furnished by the Republic, to act in Concert with His Majefty's Fleet, in cafe of War, though not on the precife Footing of Auxiliaries under Treaty; and upon what Terms fuch Afliftance migh$ t 96 I might be procured. Upon thefe Points his Activity 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* pleat them to the War Establishment. That it would be eafy to bring forward into Immediate Preparation for Service One other Veffel 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 Estimate, including Wages, Provifions, and Wear and Tear) would amount to 130,000 Florins, or about n,6ool. Sterling. The Levying of thefe Sailors was to be estimated at Sixty Florins per Man ; which would come to 195,600 Florins, or about £ 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, jT 29,000 :— For Two Months, £ 40,600 : — For Three Months, C 97 ] Monthsj £ 52,200. From this, however, Would, of courfe, be deducted a Sum proportioned to whatever number of men might be wanting to compleat the full Establishment. Upon this Scale, as his Excellency was affured by the Fifcal Van der Hoop, the Republic could, in a few Months, furnifh double the Number of Ships above Slated, though it probably might be neceffary to increafe the Levy Money. A6 foon as this important Information arrived, the Duke of Leeds, having received His Majefty's Commands, wrote to Lord Auckland, * authorising his Excellency in- ftantly to accept of the propofed Terms, and to promote, as far and as expeditiously as pof- fible, the Equipment of an Armament of ten Sail of the Line, the Expencc of which would be without Difficulty or Delay defrayed by this Country. His Excellency was alfo de- fired, to give the earlieft Information of the Mode in which the Payment could be made in Holland, consistently with that Degree of Secrecy, which the Nature of the Service feemed to render extremely defireable. N This 1 May 18. [ 98 J , This Difpatch Was received by Lord Auckland on the 20th of May, and, on the Day foU lowing, his Excellency received from the Greffier a Copy of the Refolution of the Deputies of Their High Mightineffes for Foreign Affairs, by which he was informed, that They had provisionally addreffed 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 actually equipped on the War Establishment, as well as fix other Ships of the Line not yet equipped, in cafe Their High Mightineffes Should think proper to make fuch an Armament j 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 previously affembled at the Hague, Orders were, in the Evening of the fame Day> given to them, to expedite all Preparations as much as poffible. 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 Amsterdam, for the Purpofe of afcertaining the Approbation of [ 99 ] of the principal Perfons there, and thereby to compleat the whole Meafure. Previously to their Departure, the Admiralties made a Report of the Expence of fitting out Ten Ships of the Line; in which it was rated considerably higher than it had been in the former Communication to Lord Auckland. According to this Estimate, the Expence of compleating to the War Establishment 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 Immediately, and of Maintaining the Whole for Twelve Months with all Charges, would be about 2,600,000 Florins, or about 230,000!. Sterling. The Grand Penfionary, however, ex* preSIed his Opinion, that This Report would not occafion any Difficulty in the Equipment; and Meafures were, without Delay, taken to advance the adtual Preparations in every Branch of the feveral Admiralties. In confequence of thefe Circumftances, Lord I Auckland, having conferred with the Stadt- holder, fubmitted, on the 25th of May, to the Duke of Leeds, that the Sum or Subsidy N 2 to to be furnished fhould be on th* following Grounds, viz. iSt, That the Levy Money on 3250 Men (or fuch further Number as might be wanted) fhould not exceed Sixty Florins per Man, or 195,000 Florins: Such Savings as could be made from this Sum, (which probably might amount to One-Sixth) to he deducted in the j Final Settlement. 2d, That, for the Men already levied, a Sum Should be allowed, not exceeding Twcnty-r four Florins per Man, or about 30,000 Flo* rjns. 3d, That, for the Wages, Provisions, Wear and Tear, &c. the Estimate Should beat the Rate of Forty Florins per Man per Month $ which, on the Number of Men above-men-? tioned, would be 520,000 Florins for Four Months. This Sum to be fubject to the fevcral Savings which probably migh? be made from it, The Negotiation, having been thus rapidly and fuccefsfully brought to fo fortunate a, Point, appeared to leave littje for His Majefty or His Ministers to expect, or even to wifh for, on the Part of the States General. The Attachment and Generofity of thofe Allies, however, did not fuffer them to Slop here; for, on the Grand Penfiortary's Return from Amsterdam, which was about the Twenty- ninth of May, he informed Lord Auckland : that he had found the Burgomafters of that '■■ City well diSpofed to be convinced, that the Republic ought to arm Immediately; that, under fuch a Convidtion, they did not think i it either juft or becoming for thefe Provinces, which, certainly, poffefs a considerable Degree of Opulence, to be a Charge to their Allies, or to be Subsidized; that they had accordingly recommended to the Stadtholder and to r Him, to take all neceffary Meafures for putting the Armament into forwardnefs, and at the fame Time to apply for the Charge and Ex- pence, in the ufual Form, by Petition, to be originated by the Stadtholder, and circulated to the feveral Regencies, to which they wished them to confider Their Confent as in Effedfc already given; that it Should be returned by Them without Delay when applied for Orh> cially; and even that they would pay the Whole ExPcnce* ^ (as often happens) the other [ 102 ] Other Provinces Should Demur. The Grand Penfionary added, that, under thefe Affuranccs, the Stadtholder and Himfelf had, before they left Amsterdam, feen the Principal People of the Admiralties, and had given the neceffary Directions; and he concluded by an Affurance that, in a very Short Time, (his Expreffion was " En tres peu de Semaines " ) the Whole would be ready; and that, though he muft wait for the Prince's Return, who was upon a Fortnight Vifit to the different Garrifons, before he could give the Constitutional Forms, This would not affect the Substance of the Bufinefs, but would leave him Time to adjuft with the other Provinces, fo as to prevent the Whole Charge from falling upon Holland, which he Should be forry to fee happen. In this State the Affair was carried, on the 31ft of May, before the States General, where, after a moft friendly Difcuffion, a Refolution was paffed tp forward the Plan, grounded on the above-mentioned Ideas, as quickly as pof- fible. A S foon as this agreeable Intelligence was received in England, the Duke of Leeds, by His t 103 ) His Majefty's Command, -j* expreffed 'to Lord Auckland His particular Satisfaction at fuch a friendly Demonftration on the Part of His Allies; and, as it was probable that His Majefty would fend a Squadron, of about Twenty Ships of the Line, to cruize off the Coafts of Spain, for the Protection of the Britifh Commerce, and in order to be ready to act, if the Negotiation with the Court of Spain Should fail, or Events Should 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 neceffary for them to proceed further, in the firft Inftancc, than merely to demonstrate the friendly Connection fubfifting between the Allies, it would be very important for the Common 1 Caufe, that the Squadron Should be fupplied with every poffi- fible Preparation for Service, and the Commanding Officer furnifhed with Difcretionary Instructions, to act in fuch a Manner, in conjunction with His Majefty's Fleet, as Circumftances might render neceffary; t June 8. £ i°4 1 On the ioth of June this Difpatch arrived1 At the Hague; and, on the 13th, the Duke of Leeds was informed by a Letter from Lord Auckland, dated the nth, that nothing prevented the Sailing of the Dutch Squadron, under Admiral KingSbergen, but the Want of Inftructions 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 Refpect to ' the Difcretionary Inftructions to be furnished to the Commanding Officer, the Grand Pensionary was of Opinion, that it would be premature to Recommend to the Prince to take Upon Himfelf to give fuch Inftrudtions; and that, until the Neceffity Should be more apparent, it would not be prudent to make the Propofal to the States General, who might feel themfelves obliged to refer it to the Provinces. THE Court of Berlin, to whom, as has been Stated, a Communication of the depending Bufinefs had been made on the 7th of May, loft no Time in tranfmitting an Anfwer, demonstrative of their friendly Intentions towards t i°5 1 Witfds His Majefty. Ort the 20th of May; the Pruffiah Ministers delivered to Mr. Ewart, on the Part of the King their Mailer; a written ASfu'ranc'e, that Plis Pruffiari Majefty, fenfible of the Confidence repofed in Him by the King, perfectly approved of the active Mea- fures adopted by His Majefty, and of the Armaments in Preparation; that the King of Pruffia would ftrenuoufly exert Himfelf to fulfil the Engagements of His Alliance with England, if the Cohfequences of the existing Difpute between Great Britain and Spain Should render it neceffary; that His Pruffian Majefty, however, conceived it to be impoffible thatSpaih Should rifque the engaging in a War under fuch evident Difadvantages, unlefs She had fome other Motive than That alledged by Her, arid unlefs She were negotiating an Alliance with Ruffla and Austria, to which Denmark would be invited to accede; of which His Pruffian Majefty fuggefted He had pbfitive Proofs. WHILE thefe important Matters were trarifadling' at Hoihe, arid in thoSe Courts of Europe to which His' Majefty had thought proper to mike particular Communications', O the [ io6 ] the Two Meffcngers, who had been difpatched to Mr. Merry previous to His MajeSty'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 Majefties the next Day, on an Excursion They were about to make to Toledo, Mr. Merry obtained an Interview with his Excellency before his Departure. The Count appeared nearly prepared for what Mr. Merry had to communicate to him, by the Information he had received from the Marquis del Campo. His Manner and his Language, however, were much milder than ufual. When Mr. Merry began to read the Memorial, which the Duke of Leeds had instructed him to deliver, the Count interrupted him by faying, That the whole Matter was reduced to One Point, namely, Whether we had, or had not, an Intention to Quarrel; that, if we were re- folved to make Ufe of the Affair in Queftion as a Pretext to break with Spain, nothing which he could in Reafon do would prevent it; but that, if we had no other View than That which appeared, he trufted the Bufinefs might, [ io7 ] might, on a fair Difcuffion, be brought to an amicable Adjustment. The Count allured Mr. Merry, that he knew of no more than One English Veffel which had been feized at Nootka; and, after repeating nearly the fame Circumftances in Support of the Right of Spain to the Poffeffion of that Part of the Continent as were Slated in M. del Campo's Communications, he threw out fome Expref- fions, which denoted a Disposition to relin-» quifh fomewhat upon that effential Point. He faid, it might be poffible in This, as had happened in Other Cafes, for the Two Courts to eftabliSh Limits by a Convention, which would prevent fuch Mifunderftandings in future; but he constantly returned to his Apprehen- fions, that our Real Object in this Bufinefs might be of a more extensive Nature. As the Spanifh Minister feemed to be fo, impreffed with this Idea, Mr. Merry judged it advifeable to read to him the Duke of Leeds's Secret and Confidential Difpatch.' His Excellericy listened to it with great Attention. In Reply, he dwelt a little on the Subject of our Commercial Complaints, faying that he was endeavouring to get Things O 2 .arranged 1 108 ] arranged differentlyI and then, adverting to the Spanifh Military Preparations, he perfifted in the Affurance lie, had before given, that they had principally been occafioned by the Fear of Disturbances breaking out in their Colopies; though he allowed, that Some Augmentation qf the Force had taken Place in confluence qf the DiSpute with us, He the,n haftily ended the Conversation, by going into fome General Remarks, on the prefent State of Affairs in Europe, Mr. Merry, at parting, told the Count that he Should fend hjm. in the CoRr/e qf the Evening, a Copy of the Memorial, with another in the Original Language, for fear of there being any MjSjtake in the Translation; and, h.e left, him, ffttjsfied wjth his Manner, and with a Hope that the. Determination of the Court of Madrid would be fupb, as to give Room, for the Negotiations which Mr, Fitz* Herbert was to carry on. In. purfuance of his Promifc, Mr. Merry, jn th,e Courfe of the Evening, fent the Mer nioriaj to the Spariifla Minifies, with a Private an,d. Confidential Letter to his F^xpeljency, by which he hinted at his Intention to difpatch fQ. 3?ng]apd one of the Meffengers who were with [ i°9 ] with him, before he received from the Count his Formal Anfwer to the Memorial accompanying his Letter, provided his Excellency would furniSh him with the Opportunity he wished, of fending by him fome favorable Intelligence relating to the Bulinefs in Queftion ; as he was perfuaded it would be very acceptable to his Court, as well as extremely confolatory to an Infinity of People. To this, on the 19 th of May, he received an Anfwer, dated at Toledo, the i8thj by which the Count informed Mr, Merry, that His Catholic Majefty defired Nothing fo much, as to fettle amicably the Differences fubfifting with England; that, for this Purpofe, he hoped the new Ambaffador would come fufficiently authorized and dif» pofed, That His Catholic Majefty alfo wished a Reciprocal Difarmament might be regulated as foon as poffible, proportioned to the.prefent State of Both Powers, and to their Internal and External Situation; that He alfo flattered Himfelf, that, by His Britannick Majefty knowing the Difpofition of His Heart, the Difagreements between the Two Crowns might not only terminate well and be avoided in future, but that They might mutually agree on the [ no J the Means of employing Their Influence with good Succefs towards the general Pacification of Europe. His Excellency then quoted the BsSSsI taken for this Purpofe by His Catholic Majefty as a Proof of His Pacific Intentions, as a contrary Conduct might have prevented England from arming or attending to the Affairs of Spain. He infifted there muft be fome ^MiSunderftanding or Mistake about the Affair complained of by the Englifh Ministry, as His Catholic Majefty knew only of one Prize, and that a Merchant Veffel, under an Appearance of carrying on an illicit Trade within a Port where the Spanish Nation was already established; that, however this might be, His Catholic Majefty would never pretend to more than what might belong to Him by Treaties, by Right, and by Immemorial Poffeffion; on which the Difcuffions and proper Regulations would turn when they Should commence; and that He would always difapprove and puniSh in His Subjedts whatever might exceed thofe Titles and Limits, and would provide a Remedy to prevent it in future. His Excellency concluded by faying, that, Should the Court of London make a Reciprocal Offer, the Mode of withholding the Armaments and their Confcquences might 1 i m ] might be agreed upon without Lofs of Time, and Notice might be given of our conftant •Friendship to All Parts of the World where the Two Courts have Dominions ; an Event very defirable at prefent, for the Purpofe of |re-eftabliShing a Confidence; for Want of ^which both Countries might continue (perhaps fagainft their Wills) their Preparations, their |Expences, and the Motives for fome Difr agreeable Accident. \ On the Receipt of this Paper, Mr. Merry, | apprehenSive, from the Stile of it, that it [might poffibly be the Spanifh Minister's Wifh [or Intention that it Should pafs as an Anfwer [to the Memorial, thought it advifeable imme- Idiately to clear up this Point, by replying to Count Florida Blanca's Letter, and letting him know that he Still waited for a Formal and ; Decisive Anfwer from the Court of Spain to his Reprefentation. ( In the Difpatch to the Duke of Leeds, which contains thefe Particulars, and which was received at Whitehall on the lft of June, Mr. Merry gave it as his Opinion^ that, after taking every Thing into Con- fideration, t I? ] lideratioh, it feemed almoft impoffible to I believe that it could be the real Intention of the Spanifh Court to come to a Rupture with Great Britain : That, by leading them gently, but with unremitting Firmnefs, they would come down as low as we pleafed; but that, Should they be puShed or driven too hard, their Pride and Haughtinefs might impel them to Shew fome Refiftance, notwithstanding that fuch a Meafure would certainly, in the End, render their Humiliation the greater. Mr. Merry concluded by faying, that if, contrary to his Expectations, the Formal and Explicit Anfwer to the Memorial Should be delayed beyond a reafonablc Time; and if, inftead of a Difpofition to fee Harmony re-eftabliShed, he Should obferve Meafures of a different Tendency, he Should immediately difpatch a Meffenger with fuch Information as Circumftances might render it neceffary to tranfmit with Expedition. Though the Tone of the Spanish Court on this Occafion was Undoubtedly more conciliating, and lefs haughty and overbearing than it had ufually been on any Occafion When a Remonstrance was made againft any Part of it's Conduct j I m ] Condudt; and though there appeared to be more Temper in the Manner in which Count Florida Blanca treated the Subject, than was to be cxpcdted either from his Constitution or his Prejudices, the Anfwer of that Minister contained nothing, which could afford any reafonable Ground for depending on an Ac- quiefcence with His Majefty's Demands, or which could juftify any Relaxation in thofe Warlike Preparations, which had now for fo long a Time been going forward in this Country. Under this Perfuafion His Majefty's Ministers continued to perfect their Armament, as the fureft Means either of accelerating a Peace, or of effectually carrying on a War, Should that Contingency ultimately occur. Thefe vigorous Exertions, indeed, appeared to be Still more neceffary, in confequence of frefh Accounts of a later Date from Mr. Merry, which were received on the ioth of June. By thefe Mr. Merry informed the Duke of Leeds, that Count Florida Blanca's Language . to the Foreign Ministers at Aranjuez, (fub- fequent to the Conference mentioned in the preceding Difpatch) was uniform as to One Point, namely, that he was perfuaded the English had, at all Events, taken the Refolu- P tion I "4 1 tlon of breaking with Spain : That he looked upon His Majefty's Meffage to Parliament as ] almoft equivalent to a Declaration of War: That his Convidtion of the hoftile Intentions j of England was the more increafed, by the Information he had received of our having dispatched Advices to all our Settlements Abroad : That the Tone of Language held by England towards Spain was lnfufferable j and that, while he ftill wished, on his Part, to preferve Peace, he thought that Spain would unavoidably be driven to thf: Neceffity of defending Herfelf. As it was natural that fuch a firm Perfuafion Should be accompanied by Meafures requisite to prepare for the expected Event, Mr. Merry acquainted the Duke that they were actually taking, though, fo far as he could learn, not with any great Rapidity. One Circumstance, however, was of Importance; for the Bankers and Trading Companies at Madrid, having been applied to by the Court for Money, had between them agreed to furnifh about Four Millions Sterling. On [ "5 ] On the 15th of June, a Meffenger arrived at Whitehall, with Letters from Mr. Merry, containing the Anfwer of the Court of Spain to the Memorial delivered by him on the 16 th of 1 aft Month, which was received on the 4th of June. By this Anfwer the King of Spain repeated His Affurance, that He never had pretended, nor would pretend in this Affair, nor in the Seas and Territories in Queftion, to more than what might belong to His Crown by Solemn Treaties with all Nations, and particularly with Great Britain, by Right grounded on the fame Treaties, and on the Confent of Nations, and by a well proved Immemorial Poffeffion: That the Examinations and Dif- cuffions for a Pacific and Amicable Negotiation would turn upon thefe Points, as foon it fhould be fet on Foot with the New Ambaffador; and that the Catholic King's unalterable Juftice would indemnify the concerned, and condemn and punifh His Subjedts, if they had gone beyond thofe lawful Titles; it being proper that this Satisfaction and Offer Should fervc as an Example to the Court of London, Reciprocally to do the fame on Her Part. P a His C n< 3 His Catholic Majefty obferved, that the Want of Information had occasioned a Variar tion in the Expofition of Facts, and in the Manner of considering them : That it appeared by late Letters from New Spain, that the English Ship the Argonaut was not confifcated,, but only detained 'till a Judicial Sentence fhould take Place; that the fame happened to the Schooner the Princefs Royal; and that the Vice-Roy had refolved to reftore them either freely, or on the Mafter's Bond, to be anfwerable for their Value Should they be declared to be lawful Prizes, as had been done to a Portugueze Veffel from Macao and Two Americans from the Colonies; fo that they muft already have been restored. That many Circumftances, now known, could not appear in the Firft Memorial delivered on the iqth of February by the Marquis del Campo; Still lefs the Repeated Acts of the Poffeffion of Spain on that Coaft and Port, Before and After thofe mentioned in That Paper, pr the Other Titles which would be brought forward in a calm and pacific Ne- gotiation. That, had the Court of London replied to the Complaints which were made by the Catholic King againft Navigators, who.m. C "7 ] whom He considered as Ufurpers and Violators of Treaties, with the Defire She now Shewed of Examining and Accommodating thefe Difputes Amicably, much Expence and Dif- guft would have been avoided. That the, Tone and difagreeable Concifenefs of the Anfwer of the British Ministry, at a Time when they confeffed they had no Information of what had happened, made the Spanish Cabinet fuf- pedt that it was their Intention to magnify this Difpute, in order to avail themfelves of it as a Pretext for a Rupture; on which Account fome Precautions were taken. His Catholic Majefty further obferved, that in Truth the Manner, more than the Substance, had been the Origin of the Noife occasioned hy the prefent Difpute. His Catholic Majefty proceeded to contradict a Report, that Spain meant to carry Her Rights and Pretenfions to All the South Sea as far as China. This He declared is meant to go no further than to the Indian Continent, Iflands and Seas, which, by Difpovery, Treaties, or Immemorial Poffeffion, have belonged and do belong to Her, by the Acknowledgement and Acquiefcenee of All Nations ; and, though the Subjects of fome of thefe have infringed I "8 J infringed upon the Spanish Rights, they have been punifhed when detected. The Catholic King, however, denied, that the Circumstance of Spain not having fixed Establishments on a Coaft, Port, or Bay, is a Proof that it does not belong to Her. That, were this admitted, any Nation might eftabliSh Herfelf on the Coafts of the Dominions of another Nation in America, Afia, Africa, or even Europe, where there Should be no fixed Eftablifhment; a Thing which, His Catholic Majefty remarks, it would be abfurd to think of. Referving however the Matter of Right to a further Examination and Negotiation, the King of Spain infifts, that the effective Seizure of the English Veffels was remedied by the effective Restitution decreed by the Vice-Roy; that the Judging of this Restitution, and whether the Prize were good or bad, depended on the Matter of Right, which was to be examined and decided upon on the Ground of the Treaties, Right, and Poffeflion of Spain; that the Satif- fadtion and Indemnification was to be given upon the fame Principles and thofe of Reciprocity; and finally that, if it be the Wifh to regulate thofe Matters for the future, which the Catholic [ n9 ] lie King meant to look upon as finished, it fhould be treated upon, that it may not be faid He refufes any Means of Conciliation, or establishing a folid and permanent Peace, not only between Spain and Great Britain, but between all Nations. This Anfwer was accompanied with a Note from Count Florida Blanca, containing a Repetition of his Propofal of a Reciprocal Disarmament. Mr. Merry obferved upon this Communication, that he conceived there is little or no Room left to expect, that any Change would now occur in the Sentiments of the Spanish Court: That the Delay of His Catholic Majefty in replying to our Memorial had probably been occafioned by the fluctuating Advices from France ; and that he could attribute the Conduct of Spain, oh this Occafion, to no other Motive, than an Hope that the Circumftance of Her being attacked by England might put France under the Neceffity of engaging in the War. Mr. [ 120 J Mr. Fitz-Herbert, as it has been feeri; being on his Journey to Madrid, a Short Interval of SuSpence occurred, productive of no Event of Importance, except an Information from Lord Auckland^ that the Prince Stadtholder had fent Orders to Admiral Kingfbergen to proceed with the Dutch Fleet to Portf- mouth; and except another from Lord Robert Fitz-Gcrald at Paris, refpedting the Alteration which he perceived to be rifing in the Public Opinion relative to the Dispute between England and Spain. In his Difpatch, dated the 18 th of June* and received the 21ft, his LordShip remarked, that a visible Change had taken Place in the Minds of the People at Paris, refpedting the Part to be taken by France, fhould a War unhappily take Place between Great Britain and Spain; that the Moderation, which had dif- tinguiShed the Majority of Opinions in that Capital, no longer existed, but had made Way for new Ideas of National Honor and Gratitude, both of which, it was now faid, called for the Support of France, Should Spain ftand in Need of Her Affiftance. His LordShip did not, t m i Kf^arbwever. conclude from this, that War Was a'Meafure fought for or defired ; but only that the Unanimity of Sentiment (which prevailed Generally* except among the Ministers and the Major Part of the Nobility and Clergy) in Favor of Inaction, and againft the Family Compact, had fuffered a confiderable Change. This his LordShip afcribed to the Influence, which the Cabinet was daily gaining, in the National Affembly, and to the known Sentiments of Monf. de la Fayette, which had the greateft Weight with the People, and which were by no Means inimical to Ministerial Meafures. O N the Evening of the 26th of June, a Meffenger arrived at Whitehall, with Difpatches from Mr. Fitz-Herbert, dated at Aran- juez, the 16th 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 Interview, by Appointment, with Count Florida Blanca. Q^ Conceiving t *** i Conceiving that the Paper, delivered by the Count on the 4th of June, muft neceffarily be considered by His Majefty as falling Short of His Juft Expectations in every Particular, and efpecially with regard to His Preliminary Demand of Redrefs and Satisfaction, Mr. Fitz- Herbert confined his Converfation with the Spanish Minister almoft entirely to the Contents of that Paper, Strongly urging him to do away their ill Effedts, by enabling Mr. Fitz- Herbert to tranfmit to his Court, without Lofs of Time, fome more fatisfadtory Communication. Count Florida Blanca replied, that, as the Circumftances of the prefent Cafe were fuch, that a Compliance on the Part of Spain with the Preliminary Demand in Queftion would neceffarily invalidate Her Claims of Territorial Right, She could not but continue to infift, that the Difcuffion of Both thofe Points Should by carried on at the fame Time, and paripaJJ'u : That fuch a Conceffion (confidering the Language which had been held on both Sides) would be no lefs injurious to His Catholic Majefty's Honor than detrimental to His In-, terefts; and that therefore, in a Word, the Paper-in Queftion contained the Utmoft that the [ i*3 3 the Court of Spain ought to grant. Count Florida Blanca, however, qualified this laft Declaration, by Stating it as his own individual Opinion, and requested Mr. Fitz-Herbert to .deliver to him, in Writing, the Subftancc of what he had then urged, for the Information of His Catholic Majefty, and his own Colleagues in Office; This Mr. Fitz-Herbert accordingly did on the Morning of the 13th. On the fame Day his Excellency was admitted to his Audiences of Introduction to the King and Queen of Spain; and, on the j4th, he dined with Count Florida Blanca, with whom he had a Short Converfation, in the Courfe of which the Count gave him to understand, that the Letter he had fent to him on the 13th would belaid forthwith before the Spanish Cabinet, and that an Anfwer Should be given to it very Shortly. From the 'above Circumftances, and from every Thing he had obferved and learned Since his Arrival at Aranjuez, Mr. Fitz- Herbert drew this Conclusion, that he had the Strongest Reafon to be perfuaded, that the Catholic King and His Ministers were en* 0^2 tirely [ 124 ] tirely bent upon a War with Great Britain, though they refrained from commencing Hoftilities, on a Prefumption, that their perfifting jn their prefent Denial of Satisfaction would produce fuch Reprifals on our Part, as might afford them a colorable Pretext to complain of a hoftile Aggreffion, and on that Ground, to demand the Affiftance of France. His Excellency however thought it was by no Means eafy to afcertain the real Motives of This Refolution; as it was fcarcely poffible to fuppofe, considering the relative Strength of the Two Powers, that the Spanish Ministry could fe- rioufly entertain any Hopes of wrefting from Great Britain either Gibraltar or any of Her Weft India Poffeffions; or that they Should have had recourfe to the Expedient of a Foreign War, in order to obviate any fuppofed Danger of a Revolution in the Government qf Spain, fimilar to that which had taken place in France; not the fmalleft Symptom of any fuch Spirif qf Innovation having hitherto manifested itfejf in any Part of the former Country. On thefe Accounts his Excellency was inclined to think, that the hoftile Difpo- fitions of the Spanifh Cabinet originated folely \l\ that exceffive Pronenefs to Jealoufy and Mik mm i m ] truft, which constitutes the leading Features, of Count Florida Blanca's Character, and in confequence of which he had perfuaded himfelf that, far from confining our Purfuits to the Fur Trade and Fisheries on the North-Weft and Southern Coafts of the Continent of America, our real Object was to eftablifh in the Firft Instance a direct Commercial Intercourfe with the Spanifh Colonies, and finally to feparate them entirely from the Dominion of the Mother Country. This Sort of Language had, for fome Time paft, been publicly held by Count Florida Blanca himfelf; and, he alfo had faid, that, being confident that whatever Conceffions 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 firft Inftance. Mr. Fitz-Herbert informed His Majefty's Ministers, that Meffengers were continually paffing between Aranjuez and Paris; though the Difpofitions of the latter Court, in regard to the Bufinefs in Queftion, were little known. 1% I 126 I Xt was only certain that Monf, de Montmorin had written to Count Florida Blanca to the Effect which he had Slated to Mr. Fitz- Herbert when he faw him at Paris, and that the latter expreffed great Diffatisfaction at the Contents of this Letter; obferving, that the Data on which it was founded were entirely erroneous, and that, in fo plain a Cafe as the prefent, he Stood in no Need of Advice, As Count Florida affedted to treat the French Alliance as a Refource on.which he placed little Confidence in the prefent Conjuncture, and as it did not appear that his Negotiations at St. Peterfburgh and Vienna Were likely to end in any clofer Connection between Spain and thofe Courts, Mr. Fitz- Herbert was inclined to think that his principal Reliance was on the Afliftance of the American States, to which Power he had lately made fome Advances, which he thought would be decifive in engaging them to take Part with Spain in the prefent Conteft. In Fact, Mr. Fitz-Herbert obferved, the American Charge d'Affaires at Madrid, Mr. Carmichael, I was greatly careffed at Court, and had artfully availed himfelf of the prefent Conjuncture, in procuring from the Spanifh Minister the Liquidation t "7 ] Liquidation of a Number of Private Claims, ! the Payment of which he had before folicited without the fmalleft Chance of Succefs. This Gentleman's Private Opinion, however, ; appeared to be, that Count Florida Blanca's [ American Negotiation would not be attended j with Succefs. [ On the Third Day after the Receipt of this. I interesting Intelligence, a Meffenger arrived at Whitehall with another Difpatch from Mr. I Fitz-Herbert, dated at Aranjuez, the 19th of June. I In this was Contained Count Florida Blanca's I Anfwer to the Letter which Mr. Fitz-Herbert * fent to him on the 13th Inftant. The Count by this difputed the Principles laid down by Mr. Fitz-Herbert, and infifted that the Detention of the,Veffels in Queftion took Place in a Port—on a Coaft—or in a Bay of Spanifh America, the Commerce and Navigation of which belonged Exclusively to That Crown, by Treaties made with All Nations, •-■ particularly with England. He alfo infifted, ' that Mr. Fitz-Herbert's Principles could not apply to a Cafe like the prefent, where the Veffel [ 128 ] Veffel which was detained endeavoured to form1 MfflpftabliShmcnt, and to make itfelf Mafter of a Port already pojfejfed by Another Nation; the Spanifh Commander having fuch Pojfejpott at Nootka, and the Englifh Aggrejfor not giving Way to his Amicable Reprefentations for De- fifting from or Suspending his Enterprise. The Count denied that the Veffels fo detained were as yet proved to have been navigated with the Licence and under the Flag of Great Britain, although the Veffels themfelves arid fome Individuals on Board of them might have been English; as there was Reafon to believe they had entered the Port of Nootka With Portugueze PafTports, given by the Governor of Macao, merely as Trading Veffels, and not belonging to the Royal Marine : That befides, the Veffels, with their Crews and Cargoes (or the Value of the latter) having been reftored^ or being about to be restored, in confequence of the Refolution taken by the Vice-Roy of Mexico, and approved, for the Sake of Peace, by Hfe Catholic Majefty, every Thing was restored to it's original State; nothing being wanting but the Indemnification of the Parties aggrieved, and the Satisfaction for the Injury; which t 129 ] whitfh Should alfo be fettled, as foon as' the Circumftance of fuch an Injury having beert committed Should be afcertained, which hitherto had not been done. Notwithstanding 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 ordered by the King to fay, thai His Catholic Majefty would make the Declaration propofed by Mr. Fitz-Herbert, and would offer His Britannic Majefty a juft and fuitable Satisfaction for the Injury offered to the Honor of His Flag; provided that, to thefe words, One of the following Explanations were fubjoined, viz. imoi '* L'on oStrira une telle Satisfaction, " l'lnjure et la Satisfaction meme etant efti- " mees et califiees, dans la Subftance et dans " la Forme, par un Arbitre, lequel fera un «« des Rois de l'Europe ; dont le Roi mon *I Maitre laiffe l'Elcction, en entier, a Sa " Majefte Britannique : Car il fuffit a la Juf- " tice inalterable du Monarque Efpagriol, " qu'il y ait une Tete Couronne'e, qui, bien " informee des Faits, en decide comme Eile 44 le trouvera jufte." R 2do. C »3° 1 ' tdo. ** L'on ofrrira la Satisfaction juftc ec U convenable, toutefois que dans le Progres «* d*une Negotiation qui devra etre entamee, «* il ne reful tera pas des Faits qu'il n'eft pas « jufte qu'ellc foit donnee, ou que la Grande « Bretagne n'a point pu l'exiger, n'y ayant eu *' d'Injure porte'e a fon Pavilion." 3tio. " Que la dite Satisfaction fcra donnee, " pourvu qu'il ne s'en fuive pas que l'ESpagno " auroit renonce'e aux Droits qui Luiappar- 41 tiennent dans cette Affaire, non plus qu'au U Droit qu'Elle auroit d'exiger de la Part de ** la Grande Bretagne une Satisfaction Egale " ou Equivalente, s'il etoit demontr£ dans une " Negotiation Amicale, que le Roi eft dans *' le Cas de la demander, pour l'Aggreffion et •' 1'Atteinte re'elle et veritable d'une Ufurpa- " tion de Territoire Efpagnole en Contraven- •' tion aux Traites." The Count concluded his Letter by faying, that the Court of St. James's might chufe which of thefe Three Explanations or Additions to the propofed Declaration She preferred-, or All of them if She thought proper; pointing out any Difficulty which might occur, t m ) or fuggeftingany other Mode, which She might conceive to be more honorable, reciprocal, or likely to conduce to a Peace, equally defirable by all. i On this Letter Mr. Fitz-Herbert obferved, I that the Mezzo Terminis, thus fubmitted to His Majefty's Option, were in his Opinion ; Inadmiffible, as refting alike on One and the | fame Erroneous Principle. He conceived, I however, that there certain Expreffions in this Paper, which feemed to corroborate a Surmize Strongly current at Aranjuez, that the [ Court of Spain (from whatever Reafons) was [become Sincerely defirous of an Accommodation, provided it could be accomplished on I Terms not incompatible with what they con- [ fidered as their Point of Honor: though his Excellency thought that this Conjecture car- ' ried little Weight with it, when oppofed to (the various and almoft irrefragable Proofs, • which the Spanifh Court continued to furnifh of a Contrary Difpofition, In purfuance of this Idea, His Excellency cxpreffed his Deter- ; mi nation, Should any Inftructions be on their Way from England tending to bring the depending Difpute to an Immediate and Speedy R 2 Iffue, I 732 3 ISTue, not to delay the Execution of thofe Commands, in Expectation of any Anfwer from the Duke of Leeds, on the Subject of the above Letter. Mr. Fitz-Herbert alfo mentioned, that the Naval Arrangements throughout Spain were going on with the moft unremitting Activity; and that an Attempt had been made, on the 18th Inftant, to affaffinate Count Florida Blanca, by a Frenchman of the Name of Perez, who had Slightly wounded him in Two Places with a Stilletto, and had afterwards, on being apprehended, attempted to kill him- m HIS Majefty's Ministers, being now in Poffeffion of the Spanish Pretensions, and of the Terms which that Country propofed as the Condition of acceding to the Preliminary Demand of Satisfaction made by His Majefty, loft no Time in taking this important Bufinefs into Confideration, and in preparing fuch an, Anfwer as the Ocpafion required. On the 5th of July a Meffenger was again difpatphed to Madrid with Inftructions to Mr, Fit?, [ *33 ] Fitz-Herbert, containing the Determination' of His Majefty on the depending Bufinefs, and Drafts of the Declaration and Gounter-Decla- i ration to be delivered by Count Florida Blanca i'and his Excellency, in cafe the Court of Spain ifhould think proper to acquiefce in His Ma- ijefty's juft Demand. I In the Firft of thefe Difpatches Mr. Fitz- ■Herbert was informed, that the Anfwer to the Paper delivered to Mr. Merry on the 4th of ljune was delayed, in the Hope that his Expediency might, on his Arrival, be enabled to Itranfmit fome more fatisfactory Communication : That it was now thought right, on full Confideration, to inftruct his Excellency to deliver the enclofed Memorial, infifting upon His Majefty's Demand of Satisfaction— (of which a fuller Detail will be given) that though the Spanish Claims did not appear to be capable of being fuftained on the Grounds of Reafon or Juftice, even with a View to fub- fequent Negqtiation, His Majefty would ne- verthelefs be willing, when the Satisfaction Should once be given, to enter on a fair and temperate Difcuffion of them, and of every Thing which the Court of Spain might be at>le to alledge, fo far as they reft on Grounds diftindt £ '34 1 distinct from that on which the Queftion of Satisfaction itfelf neceffarily depended. It was further Stated, That, as His Majefty considered the giving the Satisfaction muft amount to an Admiffion, that the Court of Spain was not in Poffeffion of an Actual, Known and Acknowledged Sovereignty and Dominion at Nootka, which could juftify detaining the Ships of other Nations, in order to condemn them in the regular Courfe of judicial Proceeding, for a Violation of established Laws, founded cither on the Stipulations of Treaties, or on the General Rights of Sovereignty; no fubfequent Difcuffion could therefore take Place on this Point, after the Satisfaction had been given. That, if the Court of Spain were able to prove that Nootka was, at the Time of the Seizure, in the Predicament above Stated, the Time for offering fuch Proof muft be Before the Point of Satisfaction is fettled ; as it would, if established, remove the Ground on which the Demand of Satisfaction was originally made, and was now infifted upon, But it was evident, from all the Circumftances preceding and attending the Tranfaction, even according to the Spanifh Statement of it, as well as from the Nature of their Allegations, that t *35 1 [that no fuch Proof could be adduced'; and therefore the Satisfaction was infifted upon. I The Duke of Leeds added, that any other [Grounds of Claim, founded on any Thing Short of fuch an Actual, Known and Efta- [bliShed Poffeffion of Sovereignty and Jurifdic- [tion as before defcribed, would be Still open [to Difcuffion, and would in no Degree be pre* eluded by the Satisfaction, That all the iGrourids referred to in the Anfwer delivered i/by Count Florida Blanca, or in the Paper de- llivercd by the Marquis del Campo, appeared Ito fall under this Defcription: That therefore [there could be no Objection to.Mr. Fitz-Her- Ibert's Stating thefe Notions as exprefsly and Idiftindtly as poffible, either in Converfation lor in Writing, to the Spanish Minister : That lit was to be wiShed that, after fuch an Explanation, the Spanish Court might be induced to give the Satisfaction demanded, without inserting in the Declaration for that Purpofe [ any Words of Reference to the Claims to be I afterwards brought forward, on the Principles before Stated, in the fubfequent Negotiation. [Mr. Fitz-Herbert,. however,, was informed, I that, if he Should find the Spanish Court could not be induced- to make the Declaration re- I . quired [ '3° 3 quired without fome Words Expfefsly Re'a ferving the Future Difcuffion of their Claims, j His Majefty, from a Defirc to go as far as far as poffible towards an Accommodation; would not object to Words being added for this Purpofe, provided they were fuch as were < confiftent with the before-mentioned Ideas, ■■ and not in any Degree implying, that the • Claims referved could affect the Ground on which the Satisfaction was given. A Declaration and Counter-Declaration, drawn up on this Principle, were inclofed to his Excellency, both of which will be given at Length at the Conclusion of the Detail of this Dif-* patch. Mr. Fitz-Herbert Was further informed, that His Majefty had been induced to authorize him, in cafe the Satisfaction could not be otherwife obtained, to propofe exchanging the Declarations in this Form, as approaching, in fome Degree, to one Part of the Third Expedient Stated by Count Florida Blanca in his Letter of the 18th of June, and which was the only Part of what was there propofed which was considered as being in any Refpect admiffibles That the Expreffions were how- t ^7 1 ever different from thofe propofcd by Count Florida Blanca in the Beginning of his Third Propofal ; becaufe the General Expreffion, " Aux Droits qui Lui appartiennent dans ces Affaires," might go beyond the Principles explained in this Difpatch, and might be Sup- pofed to referve the Difcuffion of the Grounds on which the Satisfaction was required. The Duke of Leeds further Slated, that the latter Part of Count Florida Blanca's Propofal, relative to a Right to claim Reciprocal Satisfaction, was Wholly Inadmiffible ; it being impoffible for His Majefty to admit, as a Qualification of the Satisfaction to which He was clearly intitled, a Claufe which appeared Inconfiftent with the very Principles,on which the Satisfaction was demanded: That, at the fame Time, there could be no Difficulty in his Excellency's Stating to the Spanish Minister the Ground on which this was objected to, and, at the fame Time, affuring him there never could be a D'oubt but that, whenever any Cafe Should arife, of a Nature Similar to that on which His Majefty's Claim of Satif- fadtion was made, His Majefty's Juftice would not refufe to the Court of Spain, or to any S other (T t '3«J | other Power, a Satisfaction Similar to That now demanded by Him. With regard to the Firft ami Second of the Propofal s made by Count Florida Blanca, Mr, Fitz-Herbert was informed, they were fuch as I could not be adopted; the Idea of an Arbitration, on a Subject of this Nature, being entirely out of the Queftion ; and as a Refer- vation, fuch as That contained in the Second Propofal, would render the Satisfaction nugatory, as it would refer to Subfequent DiScuf- Sion the very Gounds on which that Satisfaction was demanded. The following is the Memorial contained in the preceding Dispatch. The Paper tranfmitted by Count Florida Blanca to Mr. Merrry, in Anfwer to the Re- prefentation made by that Minister, in His Majefty's Name, having been laid before the King, the Underfigned (&c. &c. &c.) is directed to Reprefent to the Court of Madrid, that His Majefty has feen with Concern, that the Paper in Queftion does not offer That Satisfadtion which His Majefty had demanded, and which He had fo juft a Title to expect. Neither t *Z9 ] Neither does That Paper contain any juft or fufficient Ground for delaying a Compliance with That Demand, or for Referring it to Subfequent Negotiation. Whatever the Pre- tenfions may be, which Spain may think Her- : felf justified to advance with.refpect to Nootka Sound, founded either on an Alledged Prior Difcovery, or on the Application of the General Words of Former Treaties to that particular Place, it is clear that She had not fuch an Established Poffeffion and Acknowledged Dominion there, as could alone juftify the Seizure of the Britifh Veffels. A Right to proceed in that Manner, in the Firft Inflance, could, according to the Law of Nations, re- fult only from-a—Right of Territory, manifested by Open Poffeffion, and by the Actual Exercifc of His Catholic Majefty's Authority and Laws therein; and This confirmed by an Exprefs or Tacit Acknowledgement of other Nations. That no .fuch Eftablifhed Poffeffion or Ju- rifdidtion exifted at Nootka, at the Time when the Tranfactjon in Queftion took Place, is manifest, both becaufe His Majefty's Subjects, and thofe of Other Nations, had, for Several Years previous to that Time, frequented that S « " Place, I 140 ] Place, and carried on an uninterrupted Com- l merce with the Natives ; and becaufe the State ment, given of this Affair by the Court of Spain itfelf, 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 Subject of Amicable Reprefentation, in the firft Instance, and can, in no Degree, afford a Justification fpr an Act pf Violence, like that of which His Majefty now complains. The Honor of His Majefty's Crown makes it neceffary therefore that This Act fhould be Immediately and Cpmpleatly done away, be-* fore Any Negotiation can take Place, with a View to a Future Adjustment of the Claims and Interefts of the Two Nations in that Part of the Wor]d. This cannot he considered to have been effedted by the Restitution of the Veffels Stated to have been ordered by the Vice-Roy of Mexico; becaufe it appears that fuch Restitution has been only Conditional, and unaccompanied by Sufficient Indemni- cation to the Parties injured; and becaufe This Act includes No Reparation qn the Part Pf [ Hi ] of the Court of Spain, for the Infult offered to the British Flag by the Seizure and Detention of-Britifh Veffels. His Majefty therefore finds Himfelf obliged to renew, in the moft Direct 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 Sincerely defirous to avoid. When His Majefty's juft Expectations in this Refpedt Shall be fatisfied, the Under- figned is prepared, as he has already informed Count Florida Blanca, to enter into fuch an Amicable Negotiation on the Subjedt of the Refpedtive Rights and Interefts of Great Britain and Spain, with refpedt to Territory, Navigation, Commerce and Fisheries in* that Part of the World, as may tend to prevent all Difputes between the Subjects of the Two Crowns, in the fame Manner as His Majefty would have done, if Spain had proceeded, in the firft Inftanpe, in the Way of Atmegjifa Reprefentation, inftead of having Recourfe to Unjustifiable Acts of Violence. The [ H2 ] The following are the Drafts of the Declaration and Counter-Declaration incloSed in the foregoing Difpatch to Mr. Fitz-Herbert. DECLARATION, to be delivered by Count Florida Blanca. HIS Britannic Majefty having complained of the Capture of certain British Veffels at Nootka Sound, on the North-Weft Coaft of America, by an' Officer of the King of Spain, the Underfigned (ccc. &c. Sec.) has been authorized by His Catholic Majefty to Declare, and Declares, that His Catholic Majefty is willing to make Satisfaction to His Britannic Majefty for the Injury of which he has complained; and His Catholic Majefty engages to make Full Restitution of fuch Britifh Veffels as were captured at Nootka, and to Indemnify the Owners for the Loffes which They have fuftained, as foon as the Amount of the faid Loffes Shall have been afcertained. It being understood that this Declaration fhall not preclude or prejudice the future Difcuffion of any Claims, which His Catholic Majefty may make to form an Exclufive Efta-r bliShment at Nootka Sound. COUNTER-, r "43 3 COUNTER-DECLARATION, to be delivered by Mr. Fitz-Herbert. HIS Catholic Majefty having declared His Willingnefs to make Satisfaction for the Injury done to His Britannick Majefty by the Capture of certain British Veffels at Nootka, and the Count Florida Blanca having, in His Catholic Majefty's Name, figned a Declaration to this Effect, engaging alfo that His Catholic Majefty will make full Reftitution of the Veffels fo captured, and will alfo indemnify the Parties concerned for the Lofs they have fuf- tained in conftquence of the faid Capture, the Underfigned (&c. &c. &c.) in the Name of His Britannic Majefty, and by virtue of the Exprefs Authority given him for that Purpofe, accepts the faid Declaration, and declares that His Britannic Majefty will confider the faid Declaration, together with the Performance of the Engagements contained therein, as a Full Satisfaction for the Injury of which His Majefty has complained. The Underfigned declares at the fame Time, that it is to be understood that Nothing in the faid Declaration Signed by Count Florida i Blanca. f »44 ] Blanca, nor the Acceptance thereof in the1 ] Name of H*s Britannick Majefty, Shall pre- j elude or prejudice the Claims of His Britannic ' Majefty to any Eftablifhment formed or to be formed at Nootka Sound. IN a feparate Difpatch which accompanied ; the preceeding, Notice was taken of the Propofal made by the Court of Spain for a Mutual Agreement to difarm during the Negotiation. The Duke of Leeds Slated that the Reafons he had given in his other Difpatch of this Date were fufficient to Shew the Impoffibility of Hi3 Majefty's difcontinuing His Armaments in the prefent State of the Bufinefs. That as, Should the Court of Spain Ultimately agree to grant the Satisfaction required, it was probable that the Same Idea of difarming would be brought forward by them, as a proper Preliminary to the fubfequent Negotiation. Mr. Fitz-Herbert was instructed 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 Should have fecured, by fufficient Stipulations, the Freedom of Navigation, Commerce and Fisheries for His Subjedls, in conformity to the Principles t U5 ) Principles 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 16th of May, Mr. Fitz- Herbert was defired to obferve, that Mr. Merry did not-, even in that Private Letter, make any Direct Propofal of that Natbre ; and that there was not the fmalleft Ground for ftating, that any fuch Offer had been made on the Part of this Court. The Duke added, that he particularly mentioned this Circumftance, in order to prevent the Poffibility of Miftake, on a Point of fo much Importance. From the Time the Meffenger was difpatched 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 increafe the Uncertainty of the Spanish Determination, which his preceding Difpatches had occasioned. In the Firft of thefe, dated at Aranjuez the 24th of June, his Excellency informed the T Duke t *46 3 Duke of Leeds, that, though, Count Florid* 1 Blanca was fo far recovered, as. to be able to tranfact Bufinefs with the King, and was expected immediately to refume the Duties of his Office, his Excellency had had no Opportunity of conversing with him on Bufinefs; and that he feemed refolved not to enter, into any farther Explanation, till he Should be apprized of the Sentiments, of His Majefty's Ministers on. his Memorial of the 4th In- ftant. With refpedt to the Overture 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 Communications from the latter had ever been received by the Spanish.Court, indicative of aDifpo- fition on their Part to enter into Terms of Good Understanding with Spain, either with regard to it's prefent- Difcuffion with Great Britain, or on any other Subject* On the contrary, he was affured they had- repeatedly manifested, toward the Court of Madrid, the moft marked Symptoms of Coldnefs and Ill- will; and particularly when, in the.Year 1787, Count r H7 ] 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 Direct Demand of Eventual AffiStance, the latter never deigned to return a Syllable of Reply. In a Letter dated Aranjuez, the 28th of June, Mr. Fitz-Herbert Stated, that, conceiving the various groundlefs Mifreprefentations of Fadts, contained in Count Florida Blanca's Letter tc him of the 18th, ought not to pafs uncontradicted, he had tranfmitted to that Minister a Kind of Provifional Reply to it, together with an Abftradt of Captain Meares's Memorial. Notwithstanding this, the Count Still declined to fee him on Pretence of Indif- pofition, although, in Fact, he was in perfect Health; and, befides tranfadting Bufinefs daily, both at his own Houfe and at his Office, frequently made his Appearance in Public. This Affectation of declining all Communication with Mr. Fitz-Herbert, however, at Length ceafed ; and (as appears from a Letter of his Excellency, dated Aranjuez, July 1) an Interview between him and the Spanish T 2 Minifter [ i48 ] Minister took Place there on the 30th of June. In this, after waving for the prefent all mention of the Point of Satisfaction, They talked over (ex ministerially) the Ulterior Arrangements which might be neceffary, in order to remove every future Ground of Mifunderr Standing between the Two-Courts. On this Head Count Florida Blanca declared, that he had been bufying himfelf on a Plan, which he thought would entirely fulfil the Views and Objedts of Both Parties, and which he promised to Shew to Mr. Fitz-Herbert, confidentially, on the Return of the Court to Madrid, which would take Place in a few Days. His Excellency alfo acquainted him, that the Commanding Officers at Cadiz, Carthagena, &c. had applied to the Marine Office at Madrid, for Instructions as to the Conduct they were to obferve with Regard to fome British Ships of War, which had been fcen hovering at the Entrance of thofe Ports, for the Purr pofe, as was prefumed, of reconnoitring; and that, in confequence of this Application, His Catholic Majefty had fent the ftricteft . Orders to thofe Officers, as well as to all other Naval Commanders, to conduct themfelves With regajd to all British Ships, including thpfe [ *49 3 thoSfe in Queftion, with the fame Degree qf Civility and Attention as in Times of profound Peace : And Count Florida Blanca alfo declared, that it was the Determination of his Court, not to grant Convoys for the prefent to the Spanish Merchantmen. From what paffed 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 actually prepared the Plan of an Ulterior Arrangement, he was almoft inclined to hope that he might have fecretly refolved • to give Way on the Point of Satisfaction; although it was evidently impofiible 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 expected. Although this Account feemed to carry an Appearance favorable to the depending Negotiation, that pleafing Profpect was a good deal darkened by the next Letter received from our Ambaflador [ *50 J Ambaflador at Madrid, dated the 5th of July { in which he informed the Dike of Leeds that Orders had been iffaed for the Cadiz Squadron to put to Sea at the Shortest Notice, and that a Lift of the Spanish Naval Armaments, in Europe and America, had been juft published at Madrid under the Sanction of Government. As this was a Step entirely inconsistent with the Natural Referve of the Spanifh Court, Mr. Fitz-Herbert was unable to attribute it to any Thing, except the extreme Anxiety of Count Florida BlanPa to infpire Confidence into the Public at large at a Moment of alarming Crifis. And he Was confirmed in this Opinion by finding that, conformably to the fame Syftem, he had affected to communicate, with the utmoft Seeming Freedom and Confi- . dence, with many Principal Perfons at Madrid, on the Subject of the Meafures adopted by Great Britain, and of the Incident which led to them. By fuch Artifices, and by the Circulation of a Number of Falfe and Exaggerated Reprefentations of the Britifh Demands, the Public in general feemed to be pretty well reconciled to the Profpect of a Rupture; though feveral well-informed Perfons considered thefe Hoftile Appearances as merely a Political t IP 3 Political Refinement,, calculated to conceal' the Minister's.Intention of complying Ultimately with His Majefty'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 Spanish 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 considerable number of Ships and Frigates, His Catholic Majefty had ordered His Fleetto go out likewife, with exprefs- Injunctions however, not to commit the leaft Hostility, unlefs it Should be attacked. This Occurrence the Catholic King had directed His Minister to communicate to Mr. Fitz-Herbert, as an Evidence of His well known good Faith; with an Affurance, that there would be no Alteration in His Defire to terminate immediately the existing Difputes by Means of an amicable Negotiation; for which Purpofe Count Florida Blanca defired to fee Mr. Fitz-Herbert the next Day at his Office, when he promifed to mention t *5* J mention to him all the King of Spain's Inten* \ tions in regard to the Mode of fpeedily finishing the Negotiation. In confequence of this Invitation, Mr. Fitz«* ;• Herbert had an Interview with the Spanish Minister on the loth, when the Count opened to him his Ideas respecting an Arrangement of the fcveral Objects in Litigation ; and confided to him a Paper of loofc Notes, in his own Hand-Writing, from which he extracted the following Outline of his Plah. I mo. That Spain Should tetain the Exclufive Poffeffion of the Whole Coaft of North-Weft America, from California up to, and including, the Port of Nootka. 2do. That, from Nootka, to Latitude 6i North, which is Stated as the Limit of the Spanifh Difcovery in that Quarter, the Subjects of Great Britain Should enjoy, in common With Spain, the Right of Trading and forming Establishments ; but that, from Latitude $6 downwards, this Right fhould not extend beyond a certain Number of Leagues Inland, in order to avoid Interference with the SpaniSli Miffion. C m ] ijtio. That the Subjects of Great Britain fhall enjoy the Right of FiShing in the South Sea and Magellanic Region, together with that bf Landing, and Eredting Occasional Buildings, in fuch Unfettled Iflands or Parts of the Coaft, as fhould be agreed upon : but that they Should hot land* or even approach, within a certain Distance of any Spanish Settlement. 4to. That, as by.Means of fuch an Arrangement, the .Two Crowns would avoid all Difcuffion of the Refpective Rights, they fhould alfo agree to waive their Mutual Demand 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-Herbert remarked, that though, in their prefent State, they, without Doubt, were abfolutely Inadmissible, he was not altogether without Hope that they might be finally modified, fo as to meet the Idea of His Majefty's Ministers, as Stated in the Duke of Leeds's Difpatch of the 16 th of Auguft. U Mr. t »54 1 Mr. Fitz-Herbert, in the fame Difpatch, informed His Majefty's Ministers, that he had reafon to [believe the Court of Spain was apprehensive of an Attack upon Porto Rico, in I the Event of a Rupture; in confequcnce of j which Two Ships of the Line and fome Frigates had recently been difpatched from Cadiz \ for that Place, on which were embarked about a Thoufand Men ; who, with the Regiment of Naples, actually in Garrifon at St. Juan, would constitute a Force of about Fifteen Hundred Men. On the 30th of July, immediately after th6 Receipt of thefe Propositions, the Duke of Leeds wrote to Mr. Fitz-Herbert, informing him that, as the Anfwer of the Court of Spain to the Memorial contained in his Dispatch of the 5th Inftant was every Day expected, it would be fufficient for him to fay, that the Propofal made by Count Florida Blanca was Inadmiffible ; as the Satisfaction for the Infult at Nootka muft be obtained before the other Points could come into Difcuffion; and that the Subftance of the Propofal itfelf alfo appeared to be Inadmiffible, as aBafis of Ulterior Arrangements. On that Subject, however, his I *5S 1 his Grace defired Mr. Fitz-Herbert to be particularly careful not to enter into any Ministerial Negotiation, 'till the Point of Satisfaction Should be fettled. Should that be done; and Should a Negotiation commence, His Excellency was then directed to act in Conformity with the Inftructions he had already received. It was not 'till the 5th of Auguft, that the State of SuSpence, in which His Majefty's . Ministers, as well as the Public at large, had remained Since the Departure of the Meffenger on the 5th of July, was terminated by the Return of that Meffenger 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 Ministers the pleafing and important Intelligence of his having interchanged with Count Florida Blanca, on the preceding Night, the following Declaration and Counter-Declaration, which he trufted would be found to agree, in all effential Particulars, with the Projets and Inftrudtions tranfmitted to him on the 5th of July. DECLARATION. D E C I* A R A T &$ *& . / ,; S A Majeftd Britannique s'etanjt'plainte de la Capture de certains Vaiffeaux appartenants a Ses Sujets, faite dans la Baye de Nootka, fituee fur la Cote du Nord-Oueft de l'Amerique, par un Officier au Service du Roi; le fous-figne, Confeiller et Premier Secretaire d'Etat de Sa Majefte', etant a ce duement autorife', declare, au Norn et par Ordre de Sa dite Majefte, qu'Elle eft difpofee a donner Satisfaction a Sa Majefte Britannique pour l'lnjure dont Elle s'eft plainte; bien affuree que Sa dite Majefte Britannique en uferoit de meme a l'egard du Roi, dans de pareilles Circonftances : Et Sa Majefte s'engage en outre de faire Restitution entiere de tous les Vaiffeaux Britanniques qui furent captures a Nootka, et d'indemnifer les Parties intereffe'es dans ces Vaiffeaux des Pertes qu'Elles auront effuyees auffitot que le Mon- tant en aura pfi etre eftime. Bien entendu, que cette Declaration ne poiirra point exclure, ni prejudicier, a la Difcuffion ulterieure des Droits que Sa Majeftp pourra pretendre a la Formation d'un Etabiiffc ment excjufif ap Port de Nootka. C 157 ] En Foi de'quoi, j'ai figne- cette Declaration, et y &ppof6 le Cachet de mes Armes, A Madrid, ce 24 Juillet, 1790* ( L. S. ) Le Comte de Florida Blanca, CONT RE-DECLARATION.- SA Majefte Catholique ayant declare'qu'EUe etoit difpofee a. donner Satisfaction pour l'lnjure faite au Roi, par la Capture de certains Vaiffeaux appartenants a Ses Sujets a la Baye de Nootka. et Monfieur le Comte de Florida Blanca ayant fign£, au Nom et par Ordre de Sa Majefte' Catholique une Declaration a cet Effet; et par laquclle Sa djte Majefte s'engage pareillement a, faire Restitution Entiere des Vaiffeaux ainfi captures, et d'indemnifer les Parties intereffe'es dans ces Vaiffeaux des Pertes qu'elles auront effuyees; le fous-figne Am- baffadeur Extraordinaire et Plenipotentiaire de . Sa Majefte pres le Roi Catholique etant a ce duement et expreffement autorife, accepte la dite Declaration au Nom du Roi, et declare que Sa MajefhS regardera cette Declaration, avec 1'Accompliffement des Engagemens qu'EUe renferme, comme une Satisfaction pleine et entiere [ 158 ] entiere de l'lnjure dont Sa Majefte s'eft plainte. Le Sous-Signe declare, • en meme Terns, qu'il doit etre entendu, que ni la dite Declaration fignee par Monfieur le Comte de Florida Blanca ni PAcceptation que le Sous- figne vient d'en faire au Nom du Roi, ne doit exclure ni prejudicier en rien aux Droits que Sa Majefte pourra pretendre a Tout Eta- bliffement que Ses Sujets pourroient avoir forme, ou voudroient former a l'avenir, a la dite Baye de Nootka. En Foi de quoi, j'ai figne cette Contre-De- claration, et y ai appofe le Cachet de mes Armes. A Madrid le 24 Juillet, 1790. ( L; S. ) Meyne Fitz Herbert. ■ THAT Mr. Fitz-Herbert had considerable difficulties to encounter hefore he was able to carry this Point may rcafonably be fuppofed. It was not a fmall one to prevail on the Court of Spain to come at all into a Meafure fo repugnant to its known Haughtinefs; and even after that Step was carried, the Mode of giving this Satisfaction occafioned fo much Difficulty, and r 159 ] and 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 Declaration, that, for fome Days preceding his laft Interview with that Minister, Mr. Fitz-Herbert confidered the Negotiation as almoft entirely defperate. As it would have retarded the Departure of his Meffenger to have entered into a Detail of thefe Circumftances, Mr. Fitz-Herbert deferred 'till another Opportunity the laying before the Duke of Leeds a Report of his Conferences with Count Florida 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 Minister to the Point which he at laft carried. In that Instrument, the Count fubftituted for the Words •' l'lnjure dont Elle s'eft plainte," the fofter Expreflion of " la fufdite Capture;" the Words " bien affur^e de la Reciprocite du cote* " de Sa dite Majefte Britannique," inftead of " bien affuree que Sa dite Majefte Britannique [ i6o ] " en uferoitde meme a l'egard du Roy." tie alfo deduced the Restitution of the captured Veffels and the Indemnification of the Sufferers from this Principle of Reciprocity, in- ftead of making it a Diftindt Branch of Satif- fadtion, as had been infifted upon by His Majefty ; and qualified the Restitution by adding, " Si elle n'a pas encore eu lieu;" an Expref- fion which, as has already been Slated, could not be adopted in an Instrument of this Nature, as well from the Manner, as from the Nature of fuch a Tranfadtion, admitting it to have taken Place. The Count was alfo de- firous of omitting, in the annexed Refervation of Claims, the important Word " Formation," and of leaving the Sentence as referring folely to an Exclufive Establishment, which had Actually existed; an Alteration which would, in a great Meafure, have amounted to an Ad- miffion of that Fact; whereas the Sentence as it now Stands, coupled with the Refervation in the Counter-Declaration, is a clear Dereliction of that Pretenfion, and an Admiffion that an Eftablifhment had been formed at Nootka by His Majefty's Subjedts. The Spanifh Minister alfo propofed to add to the Declaration the following Words, which, though perfectly [ i6i ] perfectly inadmiffible, were undoubtedly infifted upon very Strongly 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 Trails avec toutes les Nations, et *' nommement avec la Grande Bretagne." During the Pendency of this Negotiation refpedting this Terms of the Declaration, Count Florida Blanca delivered to Mr. Fitz- Herbert a frefh Paper in his own Handwriting, on the Subject of the Adjustment of the other Objects in Litigation between the Two Courts, which his Excellency thought it his Duty to return to the Spanifh Minister, on the fame Ground he had returned his former Propofal, namely, it's Inadmissibility. By this Paper it was Stated, that the Principal Points of the Fur Trade on the Northern Coafts of the Pacific Ocean, and of the Fishery on the Southern and Northern Coafts of both Sea's, might be agreed upon without difcuffing or difputing the Rights of Spain, by that Nation granting to England the Liberty of Trading from the Latitude of 50 to the North, with a Power of forming Establishments within X thofe thofe Limits, provided they did not defcend to the Coaft of California, in Latitude 49 and fome Minutes, where the Port of Nootka is fituated, as that Port would form the Dividing Point on the Sea Side of the Spanifh Dominion. That the Englifh, however, Should 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 FiShery 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 Distance, not lefs than Two Degrees, from the Coaft, That, from the Straits of Magellan to Cape Horn, the Fishery, and the Ufe of the Beaches and Bays for thp Purpofps of the Fishery, might be permitted, provided no Permanent Establishments were formed, and that Power be given to deftroy thofe which may be made, as is pradtifed in the Malouine islands, That the Convention might be reduced to a Detailed Explanation of the Places and Points where this Permiffion might take place; with a Sa* vingof the Rights of Spain, and the Addition pf fome Prepautions to prevent the Fishing Veffels from carrying Merchandise, from fuf- pipjous piclous Armaments, and from conveying Supplies of Arms and Ammunition. Count Florida BlanPa took the Rejection of this Paper in good Part, and promifed to re- confidcr the Subject, and to communicate his Ideas upon it in a Shape which he hoped would appear lefs objectionable. On this Pro- mife however Mr. Fitz-Herbert placed little Reliance; though he Stated it as his Opinion, founded on what he had obferved of the Character of the Spanifh Court and Ministry, that, however averfe they might be to bring forward on their Part any reafonable Propofal on a Subject of this Kind, they would lilten with fufficient Readinefs to a Propofal of that Defcription if brought forward by Great Britain. Hii Excellency therefore fuggefted, that, inftead of waiting for any farther Explanations from Spain, it would be advifeable to commence the Negotiation by delivering in, on our Part, a Statement of All His. Majefty's Demands on the Point* - in Queftion, drawn up in the Form of a regular Projet. Mr. Fitz-Herbert declared there was the ftrongeft Reafon to believe that, whatever might have been the former Views of the X 2 Court I t 164 3 BeHft of Spain, their Prefent Object was td preferve Peace on almoft Any Terms. And, as a Reafon why this Sentiment Should not b£ weakened, He Stated that, in confequence of fome Encroachments on the Territory of the American States made lately by the Governor of Weft Florida, their Charge d'Affaires at Madrid had juft received Orders, not only to complain, to the Spanifh Court in very flrong Terms of thofe Injuries, but even to give Notice that, on a Delay of Redrefs, the Inhabitants of thofe Districts would proceed to do themfelves Juftice by Force of Arms. It is obfervable, that, when thefe Difpatches left New York, it did not appear that the Con- grefs was apprized of the Difputes between England and Spain. . In the Firft Conference Mr. Fitz-Herbert had with Count Florida Blanca after the Arrival of the Meffenger, that Minister appeared chagrined at his not having received Instructions relative to a Mutual Difarmament, though he did not attempt to maintain that any Language had ever been held by His Majefty's Minifters, which could be conftrued as pledging Great Britain to the Adoption of fuch C 165 ] fuch a Meafure, Previously to the Final Adjustment 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 Adjustment of All Their Differences, he thought it would be advifeable, that they Should agree to fix the Cruizing of the refpective Squadrons within fuch Limits, as Should prevent the Poffibility 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 appeared to him, that the Court of Spain would do well to provide againft a much more imminent Danger than that which he had mentioned, namely, fome frefh illegal Capture of British Veffels in the American Seas, which which was hourly to be apprehended, in confe- quence of the Unlimited Difcretionary Powers to that Effect, which appeared to be vefted in all the Spanish Governors. The Count anfwered, that Inftructions had already been fent to thofe Governors, to abstain in all Cafes whatfoever from the Exercife of any Voies de Fait againft British Veffels; and he inftanced, in Proof of the Obedience which had been paid cr t i«6 J " paid to thefe Inftructions, the Cafe of foma Bahama Fifhing Boats, the Crews of which, had landed upon the Coaft of Yucatan in order to carry on a Contraband Trade, notwithstanding which they had been fuffered to depart with their Veffels unmolefted. Mr. Fitz-Herbert informed the Duke of Leeds, that Pofitive Advices had been received of the Cadiz Squadron having put to Sea on the 20th of July, and that it confifted of Thirty-four Sail of the Line and Sixteen Frigates, befides fmaller Veffels. With regard to the Perfons whofe Property had been feized at Nootka, Mr. Fitz-Herbert acquainted the Duke of Leeds, that he had received from Count Florida Blanca's Office a Packet from Captain Colnett of the Argonaut, dated on the ift of May, from Mexico, and containing open Letters for the Admiralty in England and for his Owners. By thefe- it appeared, that that Officer, his People and Veffel, had juft been releafed by Order of Monf. de RevillaGigedo, Governor of that Province, and that he was in a fair Way of obtaining Com- penfation for his Loffes. As Monf. de Revilla Gigedo's r r i67 j Gigedo's Conduct 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 RelcaSe of this Veffel took Place in con- fequence of Politive Instructions from the Spanish Court, (which, from the Dates, appear to have been difpatched immediately after the Arrival of the News of her Capture) and Count Florida Blanca affined Mr. Fitz-Herbert, that Orders had been fent to Mexico for the Arresting Monf. Martinez, and bringing him to Trial, for his unwarrantable Conduct towards the British Subjects whom he made Prifoners at Nootka. Thefe very important Difpatches arrived about Eight o'Clock in the Morning; and, at Noon, Notice of the Declaration and Counter Declaration having been Signed and Exchanged was 1 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 Instruments at Length, which was published early in the Evening. THIS ^ . ' [ 168 ) THIS Conceffion on the Part of the Spanish Monarch having removed the Ob- ftacles which flood in the Way of an Ulterior Difcuffion of Claims, on the 17th of Au- guft a Meffenger was difpatched to Mr. Fitz- Herbert, with Inftructions for the Regulation of his Conduct in the Negotiation which he was about to commence, on the Ground contained in the preceding Difpatch of the 16th of May, and with a Regular Projet, framed on the fame Principles, which he was authorized to propofe to the Spanish Minister. COPY of PROJET. Article I. IT is agreed, that the Buildings and Tracts of Land on the North-Weft Coaft of the Continent of America, or of the islands adjacent thereto, of which the Subjects of His Britannic Majefty were difpoffeffed by a Spanifh Officer, in or after the Month of April, in the Year 1789, fhall be reftored to them. Article II; And, in order to prevent all Occasions qf Jealoufy and Mifundcrftandjng jn future, it is exprefsly f [ i69 ] exprefsly agreed, that the Subjects of each of the Contracting Parties refpedtively Shall not give any Moleftation or Disturbance to the Subjects [of the Other, in Navigating or carrying on their Fisheries in the Pacific Ocean or South Seas, or in Landing on the Coafts thereof, for the Purpofe of carrying on their Commerce with the Natives, or in making Settlements in Unoccupied Places; fubject, ncvcrthclefs, to the Provifions hereinafter Stipulated with refpedt to fuch Navigation, Commerce, Fisheries and Settlements. Article III. But, from a Dcfire to remove All Ground of Apprehenfion, which His Catholic Majefty might entertain, of any Interference with the Antient and Eftablifhed Poffeffions of the Crown of Spain, or of any Occafion being given to the carrying on a Contraband Trade with the faid Pofleflions, His Britannic Majefty engages, that His Subjects Shall not form any Settlements, in any Part of the Weftern Coaft: Coaft of America, between Degree North Latitude, and Degree South Latitude, or in any Part of the Eaftern Coaft Y of [ »7° 3 of South America, North of a Line drawn from to , or carry on any Commerce within the faid Limits. And His Majefty alfo engages to take the moft effectual Meafures to prevent the Navigation, Fishery, or Commerce of His Subjects, in the Pacific Ocean or South Seas, from being made a Pretext for Illicit Trade with the Spanish Settlements; and, particularly, that, for that Purpofe, the Fishery or Navigation of His Subjects Shall not be carried on within Leagues of any Part of the Coaft comprehended within the above Limits. Article IV. And, for the future Prefervation of Harmony and Good Understanding, it is mutually agreed between the Two Contracting Parties, that, as well in the Places which His Catholic Majefty has engaged to reftore to the Subjects of His Britannic Majefty, as in All other Places on the North-Weftern Coafts of America, or of the ISlands adjacent thereto, above the faid where any Settlements Shall have been made, by the Subjects of Either Crown, fince the Month of April, 1789, or fhall hereafter be made, the Subjects of the Other 111 [ 17* 3 Other Shall have full Liberty of Accefs, and of carrying on their Trade, without any Mo* leftation. Article V. And it is further agreed between the Two Contracting Parties, that No Settlements Shall be formed Hereafter by the Subjedts of Either pf 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 Shall be formed thereon by the Subjedts of any other Power. HIS Majefty's Ministers obferved, that, in framing thefe Articles, the Firft Object kept in View was that of bringing to a clear and final Settlement All the Points involved in the late Difcuffions, in order to preclude, as far as poffible, all fimilar Occafions of Jealoufy and MifunderSlanding in future. In doing this, His Majefty's only Wifh was to fecure for His Subjects thofe Rights, which are both Strictly conformable to Juftice, and are, at the fame Time, of real Importance to the Honor Y Z of C 17* 3 of His Crown, or to the Navigation and Com* merce of His Subjedts. They had endca-j youred, as far as poffiblp, to waive any Retro- fpedtive Difcuffion of Claims of Right, the Exprefs Renunciation of which might be felt as Unneceffarily mortifying to the Court of Spain. It was, therefore, thought right that the Points in Queftion fhould be clearly fettled and defined, as Matters of Pofitiye Stipulation for the future; only taking Care, that thofe Stipulations Should be worded fo as 'not to imply an Admiffion of the antecedent Claims of Spain ; which, though His Majefty had no WiSh Unneceffarily to difcufs, it was utterly impoffible for Him, Directly or Indirectly, to Recognize. At the fame Time, while His Majefty felt it indifpenfible to infift on fecuring the Undisturbed Exercife of the Rights of His Subjects to Navigate and Fifh in the American Seas, and to Trade and to form Settlements in the Countries Unoccupied by the Subjects of any other Power, under the Regu- ■p'.;.'£- lations contained in thefe Articles, He was anxious to remove every reafonable Ground of Jealoufy, and to give every practicable Satif- fadtion and Security on the Subject of Con- tFakand Trade j the Prevention of which was certainly [ 173 1 certainly the Principal Point in the prefent Arrangement, in which Spain had a real and folid Intereft, The Extenfive and Chimerical Claims of Exclufive Sovereignty over the American Continent 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 actual Advantage. A greater Extent of Territory on the Continent of America cannot be confidered by the Spanish Court itfelf as an Object of rational Policy; and therefore, if their Exclufive Claim had at any Time lately been meant to be ferioufly infifted upon, it had probably been lefs on account 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 established Colonies. His Majefty's Ministers, therefore, hoped, that if reafonable Security could be afforded them on this Point, it would remove the Principal Motive which had led them to infift on their Exclufive Claims; and that they would fee w I m 3 fee the good Senfe of preferring Rational Pro* visions, founded on mutual Confent, and eafy to be put in Practice, to a Security which muft be precarious, and difficult at any Time to be inforced, becaufe it was derived from Claims which could never be finally acquiefced in by the other Nations of Europe. The Duke of Leeds further Stated the firft Point in the inclofed Projet to be that which related to the Poffeffion of the Districts at Nootka, and near it, which had been purchafed from the Natives, and occupied by His Majefty's Subjedts, before the Arrival of M. Martinez. His Majefty's Subjects having been difpoffeffed of thefe Districts, and the Spaniards having entered upon them in confequence of the Violence committed by the Seizure of the British Veffels at Nootka, the Restitution of thefe Districts was a Point in which the Honor of His Majefty's Crown was concerned, and on which it was evident that His Majefty muft infift as a Sine qui nan ; unlefs the Court of Spain could Shew ajuft Title which authorized them to form an Exclufive Setilement at Nootka, at the Time of the Arrival of M. Martinez, and for that Purpofe, to remove 3 [ i7S 3 His Majefty's Subjedts from a Settlement made under the Circumftances before-mentioned. If any fuch Title could be produced and established, His Majefty's Juftice and Equity would induce Him readily to admit it: But none fuch had been hitherto offered; and there was littleGround to fuppofe 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 Stated, was unlimited; and it had Since been explained only by confining it within 61 Deg. North Latitude, which was reprefentcd as the Limit of the Ruffian Settlements. Such a Claim (with this Explanation) comprehending, as it does, an Immenfe Extent of Coaft only recently known to Europeans, and which, Since it's Difcovery, had been uninterruptedly frequented by His Majefty's Subjects and by any other Nations, was, on the Face of it, fo Inadmiffible, asr not to leave room for Difcuffion; it being, in the Nature of Things, impoffible that any Documents could be found to fupport it. Indeed, X *7* V Indeed, the very Nature of the Limitation j" by which this Claim was confined to 61 Degj North Latitude, was of itfelf fufficient to fhew the Claim itfelf to be wholly inadmiffible by other Nations, it being impoffible to ftate any Ground of Argument in Support of the Right of the Ruffians to make Settlements in 61 Deg. North Latitude, which does not apply with exactly the fame Degree of Force, in Favour of the Right of any other Nations to do the Same in the other unoccupied Parts Of that Coaft, North of the actual Spanifh Territory. And it was particularly to be ob- ferved, that, if fuch Argument were grounded on any Notion of Prior Difcovery, that Principle, weak as it is when unfupported by Occupation, was neverthelefs more favourable in this Inftance to the English than to any other Nation. The other Ground which had been pointed to was that of a Prior Difcovery and Occupation of the Places actually in Queftion, at Nootka and the Parts adjacent. This was Slated in Monf. del Campo's Note of the ioth of February laft; who reprefented that, in 1774, Monf. Martinez vifited Nootka, and left a few trifling Articles with the Natives. With 1 I 177 J With cefrjedt to fuch pretended Difco-\ very, (if it were material to the Queftion) ' there was juft Reafon to believe that the Knowledge which the Spaniards had of this Port was fubfequent to the Difcoveries of British Navigators. But Difcovery alone, not followed actual Occupation and Establishment, 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 Inftance 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 actual Settlement was made or pretended* The Circumftance of thefe Two Grounds having been referred to, might, of itfelf, be considered as a Proof, that no Title could be maintained by Spain on any juft and folid Grounds; and His Majefty was therefore firmly convinced, that His Claim to the Restitution of Nootka could not be controverted. If, however, contrary to Probability, any other Ground Should be urged,. the Duke of Leeds Z referred [ *78 1 referred Mr. Fitz-Herbert to the Materials! already in his Poffeffion, which would enable him to refute any Arguments which the Spaniards could urge on the Subject. The Second Article, his Grace obferred, was intended to provide for the Free Exer- cife of Navigation and Fishery, and for the Liberty of Landing for the Purpofes of Commerce with the Natives, and of making Settlements in Unoccupied Places, conformably to what had been Stated on the Subject in the Difpatch before alluded to. This was a Point of the utmoft Importance ; and, in confe- quencc of the Language held by the Court of Spain relative to this Fishery, it was effential that it fhould be fecured by pofitive and precise Stipulation. Great Care, however, was neceffary (as the Duke had obServed in his former Instructions) to prevent this Article from appearing as a Conceffion on the Part of Spain. For this Purpofe it was thought neceffary to adopt Words, which, though they did not declare an Antecedent Right, or make it neceffary to agitate that Queftion, might, neverthelefs, be-confiftent with the Principles which His Majefty had maintained, and which might be as applicable to the Confirmation [ 179 ] firmation and Security of an existing 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 refpedt to the Right of Landing for the Purpofe only of the Fishery, while that of Land<- ing for the Purpofe of Commerce, or of making Settlements, was paffed over in Silence, would be conftrued to imply a Renunciation of the Latter, and might thereby amount to an Admiffion (at leaft in Part) of of the Spanifh Claim of Exclufive Sovereignty, 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 nqw fixed, would be clearly -and finally established, The Provifion neceffary to afcertajn thofe Limits, and to provide a rcafonable Security for the Pretention of Contraband Trade with the actual Settlements of Spain, form the Subject pf the Third Article. Z a Tho [ !fe ] The fundamental Principle to be kept in View, in any Propofal refpedting the Limits, his Grace declared to be, That the Exclufive Dominion of Spain extends only to thofe Places, which can be fairly Shewn to be in the actual Occupation and Poffeffion of the Subjects of that Crown. It feemed material, however, he added, that the Practical Apr- plication of this Principle Should be now exprefsly afcertained, and that the Limits refulting from it Should be fixed by Pofitive Agreement; becaufe, if the Principle only were agreed upon in General Terms, it might , become Matter of Difpute hereafter, what fhould 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 Subject, it was not wished to give too Stridt and confined a Senfe to the Term Occupation, pr to infift upon fo rigorous and literal an Application of the Principle itfelf, as might lead to a minute and intricate Difcuffion, with Refpedt to Points of no fubftantial Importance. There might be Places which, though not actually [ i8i ] actually fettled or inhabited, at leaft by Spa* niards, might neverthelefs be Shewn to be fairly within the actual Exercife of their Dominion, either by the Native Indian Inhabitants being treated as Subjects, and living under the Authority of the Court of Spain, or by any other Evidence of fuch Places being comprehended within the Operation of Ordinary and Regular Acts of Sovereignty and Jurifdidtion. There' might be other Inftanpes in which, from the Circumftances and Relative Situation and Distance of different Establishments and Miffions, it might not be eafy to decide how far there fairly exifted fuch a continued Occupation, or fuch an Interest in the Intermediate Places between fuch Establishments, as might apply to the whole Diftridt in which fuch Establishments might be Situated. In Cafes of this Nature, the Application of the Principle would, in Stridtnpfs, depend upon a minute Investigation of all the Particulars ; But it appeared to His Majefty's Servants more defireable, to al- lpw fome moderate Latitude, in fuch In- ftances, to the Pretenfions and Interefts of Spain, rather than enter into fuch nice and . difficult Difcuffions, as might, in a great Degree, protract and embarrafs the Negotiation. P Such t it* ] Such A Latitude feerried the more admiffible4 cbnfldering the great Exterit of the CoiintrieS iii Queftion; and considering alfo, that, from the Manner in which the propofed Article was framed, it would not follow that the Space, included Within the Limits to be agreed upon, wa« admitted as a Matter of Right to be Spanish Territory, but that, for the Sake of Convenience, arid to prevent DifpUtes in future, His Majefty agreed, by Pofitive Stipulation, that, Within certain Limits, His Subjedts Should not form any Settlements, or carry on any Commerce. Having Slated to his Excellency the general Principles, by which the Limits referred to in the annexed Projet were intended to be af- pertained, the Duke of Leeds proceeded to detail what had appeared to His Majefty's Ser-. . vants as moft reasonable, with Refpedt to the Particular Application of thofe Principles, as far as the Information they poffeffed had enabled them to judge of this difficult Point. It appeared in the firft Place plain, with refpedt to the North-Weft Coaft of America, . that there was no Pretence of any Occupation, i ih i tion, on the Part of Spain, of the Nature of that before defcribed, 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 byobferving that, in the moft authentic Maps, published in different Countries, previous to the late Difco- veries, the Whole Coaft, North of the Penin- fula of California, is laid down as Unknown to Europeans, and could not therefore be rea- fonably fuppofed to be fettled by Spain; and alfo becaufe that, in a Notitia de Calforniat faid to be published, in 1757, by Authority of the Spanish Government, their Knowledge of the American Coaft is exprefsly Slated not to ' go beyond California: and there was no Information of Settlements further North made • by Them fince that Date; but, on the contrary, there was Reafon to believe, from what was known qf 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 ftrict Application of the Principle of Occupation. But as, from the Account of that Country, \ 1*4 1 Country, it appeared that, for a cbnfidcrable1 Time back, the Spanish Government had been engaged in continued Attempts for fub- duing or fettling it, and that a confiderable Number of Establishments had actually been made in various Parts of the Coaft under the Authority of the Governor of Mexico, it wa9 not His Majefty's WiSh to difcufs that Point,) or to enquire how far thefe, which, for the moft Part, are denominated Miffions, ought to be held to be in the Nature of Settlements 'of Occupation. 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 Exclufive Poffeffion of Spain on that Coaft. But it appeared that the Spanifh Settlements in New Mexico, on the Rio Bravo, were carried up confiderably 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 t 1*5 ) This, the Duke observed, would certainly be unreafonable; and, for obviating this Difficulty, Mr. Fitz-Herbert was directed, in the firft Instance, to propofe that the Line of Limits Should run Eaft, from 31 Deg. North Latitude to the Rio Colerado, and from thence 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 Difcuflions, he Should find the Court of Spain very defirous to extend the Limits On the Coaft further to the North, and Should think this a Point likely to endanger the Ultimate Iffue of the Negotiation, or greatly to retard it's Cortclufion, His Majefty did not think This an Object of any considerable Importance to His Subjects ; and Mr. Fitz-Herbert was therefore authorized, in that Cafe, to agree that the Northern Limit of the Parts, to be left to Spain by this Treaty, Should be the 40th Parallel of North Latitude, running from the Weftern Coaft of America, Eastward, to the Place where it croffes the Miffouri. With refpedt to the Southern Limit to be fixed on the Weftern Coaft of America, there appeared to be confiderable Difficulty, on Ac- A a count | : t i*6 3 fjl count of the defective Information His Ma li jefty's Ministers poffeffcd relative to thofe Parts. In the beft Maps which are extant, and particularly in the great Spanish Map engraved in Spain in 1775, to which Recourfe was had on this Occafion, it appeared that the Spanish Settlements in the Governments of Peru and Chili are nearly contiguous; but the Southern Limit of the Government of Chili is not distinctly exprefled. The moft Southern Settlement of the Spaniards, on that Coaft ap- . peared to be that of Caftro, which is on the ISland of Chiloe,' and is about 43 deg. South Latitude. In the large Map before-mentioned, there appear indeed to be fome fmall Villages or Parishes on the ISland of Chiloe, South of Caftro; but the actual State of that Coaft is not fufficiently afcertained, to afford a Ground for judging how far, according to the Principles above Slated, the Spanish Pof- feffions 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 Slated it to be probable, that the juft Point of Limit would be found, according to the Principles already mentioned, to be fomewhere between the 40th and 45th Degrees t 1*7 3 Degrees of South Latitude. But that, as this could not be precifely afcertained here at prefent, His Majefty, having the fulleft Confidence in Mr. Fitz-Herbert's Ability and Discretion, had commanded his Grace to leave it to him to fix the Southern Limits, by applying fuch Information as he could obtain from the Spanifh Government to the General Principles before mentioned: And His Majefty was perfuaded that he would not make any unneceffary Conceffions; nor did the Importance 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 occasioned by a Reference for further Inftructions from Home. The whole Queftion about the Eaftern Coaft of South America, his Grace obferved, would be at once decided, if a Fact which was Started on this Subjcdt could be fuf- ficicntly afcertained. To an Account of Patagonia, published in England in 1774, 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 Stated to have been fixed by Treaty with the Indians in Aaz 1740. [ iM 3 i >74°» as *ke I/hnit beyond which the Spa» niards were not to fettle to the Southward; Jn the Book itfelf a Reference is made to this Treaty, but no Account is given of the Authority on which its Existence is afferted, nor are the Particulars of the Treaty itfelf ftated. Supposing this Treaty to be authentic, and to have continued to be the Boundary between thofe Nations, there could be no Pretence on the Part qf Spain to claim any Thing to the Southward of that Line. And it was the more reafoqable to fuppofe that this Was really the Cafe, as, in the Spanish Map above referred to, there did not appear any Trace of a Settlement in thofe Parts. This latter Cirpumftance alone afforded fufficient Ground for fixing the Boundary, in this In.r ftance, in the fame Manner as thofe before fpoken of, On thefe Grounds, H;s Majefty's Servants were induced to helieve, thtt the juft AppUV cation of the General Principles before mentioned would fix the Line before referred to as the proper Limit for- the Eaftprn Coait; and, if I 1*9 ] if Mr. Fitz-Herbert Should not be apprized by the Spanish Government of any Material Facts to vary what was now Stated, he was directed 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 Meffenger to his Excellency. Any Difficulty, which the Court of Spain might make, with refpedt to thefe Limits, the Duke hoped would be considerably diminished by the Propofal fuggefted in the Fifth Article, as hereafter explained. The latter Part of the Third Article contained the Provision for preventing the Ships . of His Majefty's Subjects from approaching nearer than a certain Distance from the Coaft, within the Limits affigned. This Distance His Majefty's Ministers thought fhould, if poffible, be fixed at Five Leagues, which it was imagined would afford an ample Security againft Contraband Trade, and which exceeded the Distance within which Ships are feizable under the Hovering Acts in this Country. His Majefty was anxious, if poffible, that this Piftance Should not be exceeded, as there was '*/If:;:< Reafbn [ i9o ] I Reafon to believe that it might be of fome Confequencc, for the Purpofes of the Fishery, to approach as near as Five Leagues; but ne- verthelefs, if it Should be abfolutely neceffary, Mr. Fitz-Herbert was authorized to extend this Distance as far as Eight or even Ten Leagues. It was particularly defireable that this Should be the utmoft Distance, as it was . understood here that the Whales are frequently found on the Edge of the Soundings, which, on thofe Shores, are reprefented to be from Five to Ten Leagues from the Coaft. The Fourth Article his Grace Slated to be conformable to the Principles laid down in • his Difpatch of the 16th of May, with Regard to the Stipulation to be agreed upon in relation to New Settlements. He added, that, on further Confideration, His Majefty's Servants were confirmed in thinking, that the Securing Reciprocally to the Subjedts of both Countries the Liberty of Accefs and of Trade, in all new Settlements which Either Nation might form in thofe Parts, was the moft likely Way to prevent an Injurious Competition in the Attempts to eftablifh them. On this Ground, His Majefty had been pleafed to approve j '91 3 prove of this Article, as calculated to promote the effential Object of avoiding Occafions of Jealoufy in future.^ The Duke of Leeds trufted, the Court of Spain would confider it as an Inftance of His Majefty's Moderation and Equity, that He propofed to apply this Principle both to the PoSTeffions to be reftored to His Subjects, and to any Establishments which might have been formed by the Spaniards Since the Violence committed by Monf. Martinez ; and that, on the one Hand, His Majefty did not wifh to found, on the Prior Occupation of His Subjedts, any other Rights, than thofe which Should be established for the future with Refpedt 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 ftridt Juftice he might) on fuch Settlements being actually Evacuated. ■ The Fifth Article, already referred to, his Grace Stated to be confonant to what he had Stated in the concluding Part of his former Difpatch, and would furnish a Strong additi- [ »92 ) onal Proof of the Sincerity and Faifnefs of His Majefty's Intentions, and of its not be* ing His Wifh that His Subjects fhould form any Settlements, which could give juft Caufe cither of Political or Commercial JealouSy to the Established Poffeffions of Spain in South America. On this Point, His Majefty's Ministers infifted, that His Majefty unquestionably could not be called upon to relinquish the Rights of His Subjedts by a Contract not Reciprocal; but, at the fame Time, as the chief Importance of the Right of making Settlements to the Southward would arifc only from the Possibility of Settlements being made there by other Nations (which might gradually obstruct the Right of Landing for the Pur- pofes of the Fishery, or at leaft give Occafion to future Difputes) His Majefty was willing to agree, that the Subjedts of the Two Crowns Should be restrained from making any Settlement on any Part of the Coaft of South America, South of the Limits agreed on, fo long as no Settlements Should . be made there by the Subjedts of any other Powers. This Restriction would leave this Part of the Coaft open to both Nations . for I m 1 for the Purpofe of carrying on their Fisheries. Of courfe it would be -undeTftood; that the Stipulation not to make Settlements would not prevent landing for Wood and Water, and building temporary Huts, if neceffary. If the Court of Spain Should attach any Importance to the Object of providing againft Settlements being made in thefe Parts by His •Majefty's Subjedts, it could not not juftly expect fuch a Provision, on any other Ground but that of Reciprocity; and it could not be unwilling to purchafe this Security (fuppofing it Should really be thought material) by a Sacrifice on h's own Part of a Right which it could hardly in any Cafe become it's true Policy to excrcife. This Article, however, his Grace faid, was only propofed on the Supposition that it •would be acceptable to the Court of Spain; and there would be no Objection to agreeing to the other Articles without This, if the Court of Spain fhould wifh to omit it. Together with this Difpatch the Meffenger was alfo charged with Copies of a Letter from the Marquis del Campo to the Duke of Leeds, B b on [ 194 3 on the Sffifrect of difarming, and of hi« Grace's Anfwer; which are as follow: COPY of a Letter from the Marquis del Campo to the Duke of Leeds, dated London, Auguft 10, 1790. My Lord, j'Al eu l'Honneur d'entretenir votre Excellence fur le Defarmement reciproque de la Part de l'Efpagne et de l'Angleterre, comme d'une Disposition qui paroiffoit tres confequente ct tres propre a raffermir la bonne Harmonic et la Confiance entre nos Deux Cours, auffi bien que la Cordialite entre les Deux Nations, et la haute Idee que l'Europe doit avoir des Sentimens nobles et genereux des nos Sove- rains. Le Declaration de l'Efpagne, contient la Satisfaction exigee, et la Contre-Declaration affure que Sa Majefte Britannique fe regarde comme parfaitement fatisfaite. Ainfi le fait, qui avoit donne" lieux aux Reclamations et aux .Armemens de PAngleterre, fe trouvepar la aneanti. < On appuya auffi ces memes Preparatifs a l'Epoque du 5 Mai, quand le Roi jugea a pro'pos d'envoyer r C x95 3 d'envoyer Son MeSfage au Parlement, fur les Informations, qu'on venoit de recevoir, des des Armemens considerables qui fe faifoient dans les Ports d'Efpagne, fans qu'on fcut les Motifs ni la Destination. Sur cet Article le Miniftre Efpagnol s'empreffa de donner, avec la plus grande Franchife et Honnetete, tous les Eclairciffements poffibles; et propofat d'abord (c'eft-ardire le 15 Mai) le Defarme- mcnt reciproque; fur- quoi il n'a ceffe d'infifter, en s'addreffant a Madrid a Meffieurs Merrick, Frafer, et l'Ambaffadeur Fitz-Herberg; 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 Simple, que le Second Motif des Armements Anglois auroit ceffe il y a quelque Temps, fi la Cour de Londres s'y fut conform^, et que la Chofe depend aujourd'hui abfolument d'Elle. 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 l'Echange de la Declaration et Contre-Declaration, fign&s a Madrid le 24 Juillet dernier; et ils m'avoient mSme autorife a traiter avec votre Excel-r lencc fur la Maniere et fur la Proportion 8b* <pi r *& i qui ferofcttt jugees le» plus adaptable* pour efrcdtuer le Dc&rmement^ en ayant Soin de fauvertoute Sorte d'Inconvenienta. Le Cour de Madrid auroit crit oSrbnfer cello de Londres, en entretinant le moindre Douts fur fes Dispositions amicales a cet Egard, non feulement par toutes les puiffantes Raifons qui concourent a rendre tres preferable le Dcfarme- ment reciproque, mais aufll par ce que, des le Commencement de la Meiintelligence, le Miniftere Britannique temoigna le mexne Defir, comme il paroit par la Lettre one. votre Excellence eut la Bonte d'ecrire dans les premiers Jours de Mai $ Monf. Merrick, avec Ordre d'en faire Communication a Monf, le Comte de Florida Blanca, comme une Preuvenon equivoque des Vugs cordiales et pacifiques da J'Angleterre; le Langage meme de Monf. de Fitz-Herbcrg depuis fon Arrivee a et£ pareille-, ment conforme. C'eft pour m'acqujtter des Devoirs effentiels de ma Place, que je fui$ force de m'addreffer de nouyeau a votre Excellence fur l'Objet dont il s'agjt. Les Intentions du Roi d'ESpagne font J>ures, hpnn6t.es, et amicales a toute Epreuve, Jen'hefite pas yp Moment a affurer, quecelles da Roi Britannique font exactement de meme* Les r r 197 1 Les deux Miniftercs fe font une Gloirc d'imi- ter refpectivement leurs Souverains, et de fuivre leur6 Principes de Sagcffe et de Droiture, Quel Dommage done, fi, avec de tels Senti- mens, on alloit donner la Preference a dea Mefures, feules capables de produire de la Mefiance et des Alarmes entre. nos Nations, Jefquelles s'aiment et fe refpectent mutuelle- ment; bien convaincues toutes deux des Avan- tages immenfes, qui refultent de leur Amiti6 etroite et permanente. Quoiqu'il ne feroit pas deplace' d'entrer dans le Detail des Depenfes enormas qu'on pourroit et qu'on devroit eviter des deux Cotes, auffi; bien que des Inconvenients qui peuvent naitre des Armements considerables des deux grandes Nations, malgre' toute la Prevoyance et toutes les Precautions de leurs Gouvernements : Jo dois m'abftenir de le faire, traitant avec un Miniftre des Lumieres de votre Excellence. Mais je la prie de confiderer, quelle doit e"tre la Surprife de maCour, en apprennant leParti qu'on paroit vouloir adopter ipi par Preference. Sans Doute qu'il y a une Negotiation a fuivre; et qu'il y a encore des Points a debattre et a. reglor definitivcrnent, Mais s'agiffant d'une Negotiation C 19* 3 Negotiation amicale et d'une Difcuffion franche, honnete, et de bonne Foi; dans laquellc chacun doit faire valoir fes Droits, fes 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 l'Objet qu'on fe pro- pofe, et feroit fujette a des Interpretations defagreables, quoique tres eloigne'es certaine- ment des veritables Intentions des deux Cours. L'Interet que je prend, par Devoir et par Inclination, a la Rcuffite de tout ce qui peut contribuer au Bonheur de nos deux Nations ; 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 Excellence. Je me flatte, qu'en meme Temps qu'elle les pefera, elle rendra Juftice a mes Sentimens. J'ai l'Honneur, &c. (Signe) Le Marquis del C a m j» o^ cop? [ 199 3 COPY of the Duke of Leeds's Anfwer to the Marquis del Campo, dated Whitehall, Auguft 14, 1790. Monfieur, E N Reponfe a la Lettre que Votre Excellence m'a addreffee le 10 du Courant, j'ai l'Honneur de l'informer, que la Propofition de fa Part, touchant un Defarmement reciproque de la Part de nos Cours refpedtives, ne fauroit etre regardee que comme une Preuve tres agreabie d'un Defir fincere de remettre les Chofes auffi tot que poffible fur le Pied de I'Etabliffement ordinaire de la Paix. Vous pouvez etre perfuade, Monfieur, que les Sentimens du Roi font analogues a ceux de Sa Majefte Catholique, a l'egard de tout ce qui pourroit retablir le plus Promptement poffible la bonne Intelligence entre les Deux Puiffances. Cependant, il paroit que les Circonftances actuelles ne permettent pas le Defarmement dont il eft Queftion. II eft certain, que la Declaration de la Part de l'Efpagne, et la Contre-Declaration de celle de l'Angleterre, ont heureufement le've la Pierre d'Achoppe- ment, qui paroiffoit d'une Nature a empecher tout Accommodement, et par confequent la { aoo )' fa'Voie de Negotiation eft ouverte. H tfeft pas tnoins ifiir pourtant, que 1'Objet des Pre- paratifs, que Sa Majefte s'eft trouve* obligee de faire, n'a pas ete borne' a 1'unique Con- fideration de Reparation d'une Injure centre Sa Dignite; mais qu'EUe avoit egalement eh Vue la Securite des Interets de Ses Peuples it. 1'avenir,comme il-eft particulicrement enonce dans ma Depeche a Monf. Merry du 4 de Mai, citec par votre Excellence, et dont j'ai 1'Honneur de lui envoyer un Extrait ci-joint. C'eft d«J Concert avec le Cour d'ESpagne, que le 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 les Deux Nations, par Rapport a leurs Interets reSpectifs en Amenque, rendre leur Amitie fure et permanente. Dans de tclles Circonftances, Monfieur, je <roi6 que vous avouerez fans Difficulte, que Sa Majefte ne peut pas arreter les Preparatifs qu'elleajug^convehabfe de faire; les Nego- • tiations qui viennent feulement d'etre errtamees •etant d'une Nature autant compliqucc qu'im- •portante. J'ai 1'Honneur, &c. (Signe) Leeds. I -201 3 B Y the fame Meffenger Mr. Fitz-Herbert was further charged to rcprefcnt to the Spanifh 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 Subjedts at the Time of the Capture of the British Veffels at Nootka, were feized, and had fince been detained and employed in working Mines by the Spaniards. His Majefty had not thought it neceffary to make this the Subject of any feparate or formal Article in the Convention, efpecially as it appeared that an Enquiry was directed to be made into the Whole of the Conduct of Monf. Martinez in this Tranfaction, and as the Restoration of thefe Men was evidently comprized within the Declaration Signed by Count Florida Blanca* But, in order to avoid any Mifunderftanding on this Subject, it was judged proper, that tho Circumftance Should be mentioned by his Excellency to that Minister; and that he Should be informed, that, independent even of that . Engagement, His Majefty had no doubt, that the Juftice of His Catholic Majefty would have induced Him to give immediate Orders for fetting at Liberty thefe Perfons, who had been fo unjustifiably and cruelly detained. Cc As [ 202 J As the Satisfaction given by the Court of Spain, relative to the Capture of the Veffels at Nootka, had now opened the Way for the Difcuffion of the other Matters depending between the Two Courts, the Duke of Leeds took the Opportunity of conveying by the fame Meffenger to Mr. Fitz-Herbert His Majefty's Instructions, with refpedt to the Situation of the British Settlers in the Bay of Honduras, and to what had paffed on that Subjedt between the Two Courts. As a full Explanation of His Majefty's Sentiments on this Bufinefs had been tranfmitted to Mr. Merry, His Majefty's Charge d'Affdres at Madrid, on the 25th of December laft, the Duke referred Mr. Fitz-Herbert to that Paper, which would explain to him the Meafure adopted by His Majefty, of fuf- pending Colonel Defpard, and of directing Lieutenant Colonel Hunter to declare the Steps taken by the former, for the Abolition of the then existing Syftem of Police, to be null and of no Effect; and would alfo Shew the Grounds qn which that Refolution was taken, and on which it was to be maintained by Mr. Merry, (in. any Difcuflions upon the Subject) as being jn exadt Cqnformjty tp the general Spirit of the [ 203 ] the Convention, and particularly to the exprefg Words of the Seventh Article. In confequence of the Communication made by Mr. Merry to the Spanish Court, in pur- fuance of that Difpatch, his Grace Stated, that he had received from Monf. del Campo, on the 11 th of February laft, a Letter, of which . he inclofed a Copy. As that Letter was tranfmitted to the Duke at the fame Time with the Notification made by Monf. del Campo of the . Tranfadtions at Nootka, the Effedt of which Notification was, as Monf. del Campo was informed by his Grace, to fufpend all other. Dif- cuffions till His Majefty had obtained Reparation for the Infult offered to His Crown, no Anfwer had as yet been given, by His Majefty's Orders, on the Subject of Honduras. As the Tone of the Letter of the-nth of February, on that Subjedt, was. conformable to that which fo unhappily prevailed in the other Communications of the fame Date, it required that an Anfwer fhould be delivered by Mr. Fitz-Herbert on his Majefty's. Part, formally afferting, in Contradiction to that Paper, the indisputable Right of his Majefty to eStabliSh C c 2 fuch crT I *H I fuch Regulations, as His Majefty fhould judge proper, for maintaining Peace and good Order among His Subjedts, fettled under his Protection in the Bay of Honduras; provided fuch Acts did not interfere with the Territorial Sovereignty of His Catholic Majefty, which the King has formally recognized; and expreffing His Majefty's full Perfuafion, that the Court of Spain, from fubfequent Information of the Particulars of the Tranfactions at Honduras, and from a further Confideration of the Nature of the Communications made by His Majefty's Orders, relative thereto, will have been convinced that, fo far from being an Infraction of the Convention, that Communication contained the moft fatisfadtory and unequivocal Proofs of the good Faith which His Majefty has fcrupuloufly obferved, and of his. Difpofition to arrange every Point of this Na- . ture, in the moft amicable Manner, with His Catholic Majefty. His Grace affirmed, that the Establishment of fuch Regulations as above defcribed, and the appointing and authorizing Perfons to carry them into due Execution, is not an Act of Government, in the Senfe in Monf. del Campo appeared to fpeak of it, as being inconliftcnt with the. Sovereignty of Spain, t *°5 3 Spain, but is a neceffary confeqttence of the Nature of that Establishment, to which the. British Nation is entitled, under the Treaty of Peace, and by the explanatory Convention of 1786. The Duke expreffed his Hope thatr after this neceffary Declaration Should have been made, the Bufinefs itfelf would not be found to be of a Nature to throw much Difficulty in the Way of an amicable Adjustment with the Court of Spain, if the other Pointa in Difpute could be properly arranged. Mr. Fitz-Herbert was further informed that, in confequencc of the Orders given by Lieutenant-Colonel Hunter, he had proceeded to the Bay of Honduras, and had framed, with the A Tiftance of fome of the Settlers, and from the Information which he had acquired of the former State of the Settlement, a Syf- tern of Police, and had tranfmitted the fame for His Majesty's Consideration. This Plan had been referred to His Majefty's Law Servants, 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 Neceffity of any further Reference to the Bay of Honduras. ' Under I 206 J I Under thefe Circumftances, Mr. Fitfc-Her-*' bert was directed to inform the Court of Spain,1 that, although His Majefty could not, by any Means, forego or renounce His Right to establish a Syftem for the Administration of. Juftice between His Subjects in Honduras, upon the Grounds, and under the Reftridtions above-mentioned ; yet that, as a Proof of the friendly Difpofition of His Majefty, and in order that His Catholic Majefty might be convinced, that the.Regulations to be eftablifhed by His Majefty's Orders would not contain any Thing in any Manner repugnant to the Territorial Sovereignty of the Crown of Spain, the King was willing to make a previous Communication thereof to His Catholic Majefty; and that, for that Purpofe, as foon as the Plan fhould have been fufficiently examined here,' it would be tranfmitted to his Excellency, and that the Orders for it's actual Establishment would be delayed until His Majefty Should be informed by him of his having, made, fuch Communication thereof to the Court of Spain y and laftly, that fuch Plan would contain an exprefs Provifion, for the moft fcrupulous Ob- fervation of the Treaties fubfifting between the Two Courts. The r~ [ 207 j The following is a Copy of the Marquis del Campo's Letter, alluded to in the preceding Difpatch. Manchefter-Square, ce 11 Fevrier, 1790. i Milord, L E Charge des Affaires de Sa Majefte' Britannique a Madrid ayant remis a Monf. le Comte de Florida Blanca un Recit et un Office, fans etre figne, concernant la Suppression des Magiftrats Anglois a Honduras, ma Cour m'a ordonne d'annoncer a votre Excellence, qu'EUe n'a pas encore recue des Nouvelles diredtes fur ce Sujet. Elle m'ajoute en meme temps, que . tout l'Expofe paroit etre une Infraction faite a l'Article 7. de la Convention, ne pouvant Per- fonne, comme votre Excellence le fait fort bien, rendre Juftice, ni exercer aucun Adte de Gouvernement, fur le Territoire d'un autre Souverain, comme celui dont il eft Queftion, etant convenu et reconnu expreffement 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 Reglement par Rapport a 1'Administration de Juftice et de Police, entre les Sujets Anglois demeurant a Honduras, Par ceMoyen, Jes Sujets refpectifs pourront s-acquitter de leurs rff if -ao8 3 leurs Devoirs, en vivant dans la meillcure Harmonic poffible; et les deux Cours s'^- pargncront la Peine d'entendre des Recours ct des Plaintes de cette Efpecc. Je prie votre Excellence de vouloir bien jncttre cette Idee fous les Yeux de Sa Majefte Britannique, afin de pouvoir nous oc- cuper. de 1 'Arrangement convenable pour at- reter ces petites Diffentions. (Signe) Le Marquis del C am p o. A NEGOTIATION of a Nature fo interesting as that now depending between England and Spain could not fail to occafion a considerable Senfatic \ in France, where a long continued Alliance, and a fuppofed Reciprocity of Interests 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 feen; and that a further Attempt might be made, on Her Part, to influence the Decision of the impending Questions was an Event reafonably to be apprehended. It appeared indeed, from what actually did happen, that a . Hope Was entertained of this Country being induced [ 209 ] 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 Englifh Miniftry to apprehend a more formidable Oppofition than they might originally have expedled. Be this, however, as it may, it is certain that, about this Time, the Meafures adopted by the Ruling Party in France, (evidently by the Suggestion of Spain) tended directly to that Purpofe, and appeared to lead to a declared Junction with that Power, in the Event of a War taking place between Her and England. The Firft Step of this Nature was taken by Monf. de Montmorin, who, on the 2d of Auguft, addreffed a Letter to the National Affembly, containing His Moft Christian Majefty's Orders to acquaint them that England was increasing Her Armament, and that it would be therefore neceffary (although a good Understanding continued to fubfifl between the Two Nations) that France Should alfo increafe Her Forces. Monf. de Montmorin alfo in- clofed a Letter from Count Fernan Nunez the Spanifh Ambaffador at Paris, dated the 16th of June, which, he obferved, contained the State of the Negotiations at that Time between D d England England and Spain. The French Minister concluded by faying, that, in the Hope of their coming to an Understanding, the King had postponed urging the Affembly to a Decision; but that He could no longer delay that Meafure. In the Letter above mentioned, the Spanifh Ambaflador afferted, that the fpeedy and exact Performance of the Treaty of 1761, called the Family Compact, was become an indifpenfible Preliminary to treat with Succcfs; that, under that Neceffity, Spain was obliged to have re-* courfe to the Aid of France; and that, the King His Mafter had ordered him to aSk Explicitly What France could do, in the prefent Conjuncture, in Order to affift Spain. On this Point he declared an Immediate Determination was required; as well as that the Meafures, to be adopted by the Court of France, Should be adtivc, open, and pofitive, fo as to avoid . the leaft Occafion of Diftruft. Should they prove otherwife, he added, His Moft Christian Majefty muft not be furprized, if Spain Should look for Other Friends and Other Allies among all the Powers of Europe, without excepting Any, upon whofe Affiftance She might depend, in Cafe of Neceffity. The [ *n 1 . The Decision of this important Queftion was referred to the Comite' Diplomatique; the Opinion of which Body was, on the 25th of Auguft, reported to the National Affembly, by Monf. Mirabeau the Elder. It contained an Advice to the Affembly to empower them to examine the Family Compact, in order to form out of it a National Compadl, by omitting all the Articles of an Offcnfive Tendency; and, at the fame Time', to requeft the King, to order His Minister at the Court of Madrid to enter into a Negocia- tion with the Spanish Ministry on thofe Grounds. The Comite" alfo propofed two Decrees—The jane, That All existing Treaties fhall be maintained by the French Nation, until it Shall have revifed and modified them.-— The other, That, before the thorough Examii nation of the Treaties, which the Nation may think proper to continue or alter, the King Shall be requested 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 Constitution; and that the Nation; cannot admit in Her Treaties any Stipulations^ which are not purely Defensive and Commercial, TQe< Comite* accordingly requested the D d 2 Kjn£ [ || I King to inform His Catholic Majefty, that the French Nation, in taking all proper Meafures to maintain Peace, will abide by the Engagements which Her Government has contracted with Spain. They alfo defired the King to order His Ministers to negotiate, in Conformity to thefe Principles, with the Court of Spain, and to Commiflion Thirty Ships of the Line, Eight of which, at leaSt, Should be fitted out in the Ports of the Mediterranean. On the following Day, the National Affembly took this Report into Confederation t and, after a Short Debate, Decreed that they would abide by the Defensive and Commercial Engagements which the Government had contracted with Spain : That the King Should be defired to order His Ambaflador to negotiate with the Ministers of the Catholic King in order to Strengthen, by a National Treaty, thofe Ties whiph were ufeful to both Countries, and to fix, with Precifion and Clearnefs, Such Stipulations, as might not be entirely conformable to the Views of General Peace, jind to the Principles of Juftipe, which Should always he the Policy of the French. Tho Affembly alfo decreed, that, on a Consideration of the Armaments of the different Nations [ 2IJ ] tions of. Europe, and their progressive Increafe, and of the Security of the French Colonies and Commerce, the King Should be defired to order into Commission Forty-five Ships of the Line, with a proportionable Number of Frigates and fmall Veffels. This Intelligence, which Earl Gower had tranfmitted by a Meffenger, arrived at Whitehall on the 29th of Auguft; and, on the ift of September, the fame Meffenger was re- difpatched with Inftructions to that Ambaflador, for his Condudt in this important Bufinefs. By thefe, his Excellency was directed to Jofe no Time in delivering to Monf. de Montmorin a Memorial to the following Effect, viz. "THE Affurances which have been re- M peatedly given of the friendly Disposition *' of His Moft Christian Majefty, and parti- U cularly thofe conveyed through Monf. de 4* la Luzerne, fubfequent to the prefent Dif- " cuffion with Spain, were received by His <( Majefty with the greateft Satisfaction, and . . « with nr I 2l4. 3 P with a perfect Reciprocity of Sentiments. H Feeling an earneft WiSh to prefcrve a good ** Correfpondence with His Christian Majefty, *' the King has feen, with great Surprize and fi Concern, the great additional Armament S now ordered to be prepared in the Ports of " France; as fuch an extraordinary Prepara- g tion, under the Circumftance of the Nego- '«* tiation now depending with the Court of y Spain, carries an Appearance in no Degree *' confiftent with thofe Sentiments of Friend- " Ship whiph have been profeffed. His Ma- P \efty has therefore thought it neceffary tp " direct the underfigned, to defire an Expla-r «« nation of the Object and Destination of the " Armaments now carrying on in the French u Ports; and His Majefty earnestly hopes, «' that the Aqfwer to this open and friendly •* Communication may be fuch, as to prqr ** mote the Harmony and good Understanding "■ which His Majefty, on His Part, is fin- '.* cerely defirous of cultivating with His M°ft | Christian Majefty." HIS Excellency was alfo directed to exprefs to Monf. de Montmorin, in the Strongest Terms, the Continuanpe of His Majefty's fin^. ccr« C 215 j cere Defire for the Prefervation of Harmony with the Court of France; but, at the fame Time, to obferve to the French Ministry the obvious Impoffibility of that Harmony remaining uninterrupted, if that Court Should think itfelf bound to take Part in Support of any Claims, however unfounded, which the Court of Spain might chufe to advance. With regard to the Nature of the Preparations 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 actually depending; but, whatever might be the Iffue of that Negotiation, 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 Should be rejected, it would be impoffible for the French Nation, consistently with the Love of Peace and Juftice which it profeffed, to fupport the Spanifh Pretenfions. But, r 2*6 3 But, at all Events, any Meafure of Encouragement to Spain, while it's Ultimate Views were not fufficiently explained, muft, his Grace ob- ferved, be neceffarily fcen with the greateft Uneafinefs' by. His Majefty, and muft tend rather to produce Extremities, by encouraging unreafonable Pretenfions in the Spanish Court, than to facilitate an amicable Arrangement. The Duke added, that, although his Excellency could only hold this Language Officially to the French Ministers, it was, at the fame Time, extremely defireable that the fame Sentiments Should 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 Excellency was therefore directed to employ his utmost Attention, in difcovering the Disposition of the different Political Parties on the Subject of the Family Compact, as to the Line to be adopted by France, in cafe our Difcuf- fions with Spain Should terminate in a Rupture ; and alfo to omit no Opportunity of letting it be understood, that nothing but Ne- ' ceffity could occafion any Views to be enter- . tained in this Country, hoftile -:ther to the general Interefts of France, or to the Settle- t m ] ttieftt of their newly-eftabliShed Constitution } but that, on the other Hand, any Step of ' Affiftance to the Court of Spain would naturally lead to our adopting fuch Meafures, as might be moft likely to render fuch Affiftance ineffectual. His Excellency was further directed to exert his utmoft Endeavours to difcover what Orders might be given refpedting the Sailing of any Part of the French Fleet; 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 ; at the fame Time conveying to the French Ministers, 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 Effect, be productive of the moft difagreeable Confequences. On the 6th of September His Majefty's Ministers were informed by Earl Gower, that, on the ift of that Month," the National Affembly had received the King's Sanction of their Decree of the 26th ultimo, in which they were informed that, in order to fulfil gradually their Intentions, His Molt Christian E e Majefty [ 218 ] Majefty had determined to begin by arming Sixteen Ships of the Line, which, added to thofe already put into Commission, would make the Number of Commissioned 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, the 28th of Auguft. In this Monf. de Montmorin, after detailing the late Decree of the Affembly, and Slating that the Augmentation of their Marine was justified by the increafed Armaments of England and Spain, directed Monf. de la Luzerne to affure the British Ministry, in the moft explicit Manner, that thefe Preparations were merely by way of Precaution, and had no other Views than thofe expreffed in the Decree t 219 J cree; that the French King hoped a fpeedy and equitable Arrangement would terminate the Differences existing between the Courts of Madrid and London; that He had received great Pleafure from the Exchange of the Declaration and Counter Declaration between thofe Two Courts, which He confidered as a Preliminary Step towards a Reconciliation; and that His Satisfaction would have been compleat, if that Meafure had been followed a Reciprocal Difarmament, or at leaft by a Convention not to increafe the existing Armaments on either Side. Such a Circumstance, Monf. de Montmorin added, as it would have been a Proof of the Pacific Views of the Two Courts, would have made it unneceffary for His Moft Christian Majefty to take thofe Mea- fures of Precaution and Prudence, which He now thought indifpcnfible. The Instructions which had been fent to Earl Gower on the ift of September, reached his Excellency on the Morning of the 4th j and, in the Evening of the Same Day, he delivered to Monf. de Montmorin the Memorial he had been directed to prefent. It was pot 'till the 10th that that Minister returned an Anfwer E c z to [220 1 to his Excellency, in which he contented himfelf with informing him, that he had received the King's Orders to write to the French Ambaffador at London; and that he flattered himfelf that the Explanations that Minister had already been ordered to giyej, together with thofe with which he was now charged, would leave nothing to be wished for by our Court as to the Difpofition and Views of France. To this vague Anfwer Monf, de Montmorin added a Copy of his Letter to Monf. de la Luzerne. In this, after taking Notice of Earl Gower's Memorial, and his own Letter of the 28th of Anguft to Monf. de la Luzerne, he expreffed his Surprize, that the Court of London Should Still demand an Explanation of the Motives of the French Armament. He affirmed, that thefe Motives, the Principles of which he ftated as already known to the British Ministry, left France no Alternative as to the Meafures She was to purfue; and that the French King was pprfuaded His Britannic Majefty would ' acknowledge the Juftice of them, and would not find any Reafon to fufpect from them any Views contrary to the Maintenance of Peace. Monf. r 221 j Monf. de la Luzerne was therefore instructed to renew to the English Ministry the moft positive Affurances of His Moft Christian Majefty's Pacific Intentions, and of His Defire to fee the Difficulties fubfifting between the Courts of London and Madrid fpeedily and happily terminated. Asa further Proof of the Pacific Sentiments of the French King, Monf. de la Luzerne was instructed to repeat what he had been directed to fay on the Subject of a General or Partial Difarmament; a Meafure which, Monf. de Montmorin affirmed, in whatever Light it was to be considered, could be productive of no Inconvenience to Great Britain, but which would calm the Minds of others, and would put an End to a burthenfome Ex- pence, without affecting the juft Pretenfions of the Two Courts ; and which, fhould it tako Place, would immediately be imitated by the Moft Christian King. Although the French Ambaffador muft have received this Instruction on the 12th or 13th of September, his Excellency thought proper not to take any Notice of it to the Duke of Leeds, or to make any Sort of Communication on the Subject, This Conduct he continued to maintain. nT t 222 7 tain, notwithstanding the frequent Opportunities which unavoidably prefented themfelves to him, in the Courfe of the almoft daily Meetings he had with his Grace and the other Ministers, and although certain Intelligence was received of the Naval Preparations in France being carried on with the moft unremitting Exertions, infomuch that Twenty-one Ships, of the Line were now almoft ready for failing at Breft, and Nine more in great Forwardnefs at Toulon. As a Silence fo marked, and fo contrary to the Inftructions which the French Minister had declared to have been fent to him, became daily more and more fufpicious, the Duke of Leeds, on the 21ft of Septembsr, 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 Substance, have been looked upon as fuch an Anfwer, as we had a Right to expect, to an Official Note, prefented by the English Ambaffador in Obedience to His Majefty's Commands. His ' Grace added, that, on a Subject fo important to the Prefervation of the good Understanding fo happily fubfifting between the Two Ccun- r 223 j tries, it was extremely neceffary to have a Formal as well as Explicit Anfwer. For this Purpofe, his Excellency was directed to State to Monf. de Montmorin His Majefty's Expectation that a Ministerial Office Should be given to his Excellency, in Anfwer to the Re- prefentation he had already delivered to that Minister. The Duke of Leeds concluded by expreffing his Confidence that Monf. de Montmorin would readily comply with this Requeft j and by informing Earl Gower that he was at Liberty to communicate this Difpatch to that Minister. As Monf. de Montmorin was abfent from Paris when this Difpatch was received by Earl Gower, his Excellency was unable to communicate it to that Minister 'till the 30th of September: and it was not 'till the 4th of. October that his Excellency received from him in Return an official Letter. In the mean Time, however, this Condudt on the Part of France, whofe Reply had been procrastinated for near a Month, could not fail to make a considerable Impreffion on the Minds of His Majefty's Ministers; and, as the r «4 i the Urgency of the Bufinefs increafed daily* it was thought proper, on the 6th of October, . again to addrefs 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 Slated to Earl Gower, that the Situation of Affairs had become extremely critical: That the Reports received of the Naval Preparations. at Breft reprefented a considerable Squadron in that Port to be apparently ready to put to Sea : That the Affurances, which His Majefty had already received, of the French Armaments being intended merely as a Meafure of Precaution, induced him to hope that there could be no Intention of fending this Squadron to endeavour to form a Junction with the Fleets of Spain, at a Time when it was utterly im- poffible for the Court of France to reprefent fuch a Step as neceffary, either for it's own Security, or for the Accomplishment of any Defenfive Engagements. His Grace further Stated, that His Majefty had fent Inftrudtions to His Ambaffador at Madrid, which muft very Shortly bring the Difcuflions depending with that Court to a decisive W0il deCiflve Iffue: That it was His Majesty's1 earneft Wlfh, that the Negotiation might end to mutual Satisfaction; but that, Should this unhappily not be the Cafe, His Majefty had the CenfdlatlOft of thinking, that He had demanded nothing but what wds founded on th6 moft evident Principles of Juftice, and on the' ConlfhOn Rights of All Nations : That this Would be fully proved to the Court of France, afld to Europe at large, if Events fhould make it neceffary. Under thefe Circumftances, the Difke added, His Majefty was willing to pe'rfuade Himfelf, that no Event of the Negotiation With Spain could ultimately interrupt the good Corre- fpondence now happily fubfifting between Great Britain and France; and that, in the mean Time, His Majefty confidently expedted, fr6m the Juftice and Friendship of His Moft Christian Majefty, that, during the Short Period which could elapfe, before He received a Decifive Anfwer from the Court of Spain, ho Steps would be taken for fending any Part of the Naval Force of France, cither to the' Ports of Spain, or to any other Place, which' F'f Aright [ 226 J might indicate a Defign to co-operate with, that Court, in the Event of a Rupture. On the Day after this Difpatch was forwarded to Earl Gower, a Meffenger 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 October. 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 Month, proceeded toftateto his Excellency, that he had Reafon to believe, that Monf. de la Luzerne would not have loft a Moment in communicating to th? British Ministry his Difpatch of the 9th of September; and he expreffed his AftoniShment at this Omiffion, which he imputed to fome unexpected Circumstance, or fome Mifunder- ftanding. He infifted, however, that the English Ministry had had an Official Communication of this Difpatch through Earl Gower himfelf, and that the French Ambaffador had already given them the moft precife Explanation [ 227 ] tion of His Moft Christian Majefty's real Intentions. In confequence of this Information, Monf. de Montmorin infifted, that the Court of London ought to have been convinced, in the firft Place, that the French King defired nothing fo much as the Maintenance of Peace, and that He would do all in His Power for that Purpofe; and, in the fecond Place, that if His Moft Christian Majefty did at firft determine to arm, and afterwards tq augment His Forces, He had been induced to do fo, becaufe He could not remain in a State of Inaction, while neighbouring Powers were making confiderable Armaments, and becaufe, if unhappily the Differences between the Courts of Madrid and London fhould not be amicably arranged, He might find Himfelf forced to fulfil the Defensive Engagements fubfifting for a Number of Years between France and Spain. Such Monf. de Montmorin affirmed to be the Objects of the Ministerial Communications, made by the Marquis de la Luzerne, both to the Duke of Leeds, and to Mr, Pitt: and he added, that thofe Ministers had thought the Conduct of France both natural, and conformable to Circumftances and to the Obligations Ff2 She I "3 I She was under; for which Reafon they had both expreffed their Wiffips for the Preferya- tiqn of Peape, and for the Establishment qf the Juftjpe of their Demands, and the Fairnefs qf their Intentions.' Monf, de Mqiumorin then proceeded to confirm the Declarations made by the Marquis de La Luzernp, a.nd added, that the Sentiments of His Moft Christian Majefty for a . Continuance of Peace and good Harmony, between Himfelf a.nd Hi8 Bri*3nnip Majefty, were invariable, and that _He—continued to hope, tha,t the Difcuffion fubfifting between Spa.jn and England wpujd. (hortly be ppncluded in Manner fatisfactory to both Countries, He alfo profpffed tq obey His Rpyal Mafter's Orders, by afferting. that nothing was more foreign to His Sentiments, than any Intention to Influence the Negptia.tipn by jlis Arwa-r ments;' and that the Only Mode qf Influencing that Bufinefs* which, it wpyjd become Him to a.d°pt» was by the Exertion of His good Pffipps, Should they be th.qu.ght ufefui or ne? cpffary by thp Pajtjes ponpernpd,. Nqthi».g» Monfr de Mpntmorin qbferved, could be more clear, more formal, or, at the fan^e Time, niqre faUsfactory than this Expla. r r 229 ] nation ; and he declared himfelf at a Lofs to guefs, what Irregularity there could have been in the Tranfmiffion of it to the Court of London ; 'though he affured Earl Gower, that, if there had been any fuch Irregularity, his Excellency's Silence on that Head put it out of the Power of the Freneh Ministry, either to Rectify or to difavow it. He infifted, however, that the moft important Point, both for the CpurP of London, and for that of Paris, was, that no Sufpicion Should exift of the Intentions or Conduct of the latter; that this Object had been fulfilled on the Part of France; and that therefore it was to be hoped, that the Britifh Ministry would be the more pleafed with what She had done, as the greatcft Earneftnefs had been Shewn in every ReSpect even to prevent her Wishes. Monf. de Montmorin concluded by affuring Earl Gower, that, if any Uncertainty Should ftill remain, the French Ministry would wiU Jingly give a further Explanation, their Views and WiShes being directed to the Prefervation of Peace, and to a Speedy and equitable Arrangement, In [ 23o ] , In Anfwer to this Official Note, the Duka of Leeds, on the 8 th of October, wrote to Earl Gower, informing him that he was extremely glad the Meflenger, with his Letter of the 6th, had been difpatched to his Excellency previous to the Arrival of Monf. de Montmorin's Paper; as the Contents of thofe Inftructions would fufficiently prove to the French Minister the Sentiments of the King's Confidential Servants in regard to the prefent Naval Armaments in France. With refpedt to Monf. de Montmorin's Note, the Duke faid, there were but Two Paffages in it which appeared to require Obfervation. The Firft was that, wherein he Slated both Mr. Pitt and the Duke to have admitted the Conduct of France to be Natural, and conformable to Circumftances, as likewife to the Engagements entered into by that Power. In Anfwer to this his Grace faid, that he certainly had obferved to the French Ambaffador, that the ordering Fourteen Sail to be put in (Commiffion, considering the ufual Practice of . the t 231 ] the European Powers, when their Neighbours were making great and adtive Preparations by Sea, could not be considered as giving Umbrage, particularly when Stated, as by that Minister it was, as a Meafure rather of Form than Subftance : That this Remark was however made upon the Firft Armament: That, when a more considerable Armament was fet on Foot, the Ambaffador Slated it as a Meafure of Neceffity rather than of Choice, on the Part of his Court; and the Duke lamented to him the Neceffity, which had induced the Adoption of a Meafure that muft give Umbrage to this Country : And that Mr. Pitt made ufe of fimilar Expreffions in his Converfation with Monf. de la Luzerne. With regard to the Poffibility of the French King, in the Event of a Rupture, being obliged to fulfil His Defensive Engagements, the Duke obferved, that the King's Confidential Servants trufted No other Engagements were contrasted; and that, of courfe, France would not think of conftruing every poffible Ground of Quarrel, which might arife between this Country and Spain, as a Cafus Feeder is, to which Her Defenfive Engagements muft of courfe apply. In f w 1 In die fireiit of the prefent OifMflibnj witli Spain not terminating in a friendly Manner, his Grace Said, His Majefty's Ministers trufted, that the Candour Of the French Government would liftefl to their Reprefentation of the" Cafe, before She Should think Herfelf justified in fupporting Spain : That, iri fuch an Event, the King Would not fail to lay open to France* and to All Europe, the Grounds on which His Majefty refted the Juftice of His Caufe. This Difpatch, as well as the preceding one of the 6th, Earl Gower was directed to Communicate to Monf. de Montmorin. On the <4fh Of October & Meffenger arrived at Whitehall from Earl Gower, with Monf. de Montmorin's Anfwer to the Reprefentation his Excellency had been instructed to deliver. . By this Monf. de Montmorin affured his Excellency, by His Royal Master's Orders, that His Moft Christian Majefty perfifted invariably in the Disposition, of which He had already fo often given the moft pofitive Af-. fofances to the Englifh Court} That the Court of Madrid had not, as yet, made any Requisition of a Total, or even a Partial Re-union of the French Naval Force with Her own: That [ 233 I That His Moft Christian Majefty flattered . Himfelf, that the Negotiation depending at Madrid would terminate as happily as His Britannic Majefty could defire; and that, in this Hope, He did not hefitate to Declare* that, during the Short Space which would elapfe before the Court of London could receive a Definitive Anfwer from His Catholic Majefty, He would not make any Difpofition of His Naval Forces, with a View of effecting a Cooperation with Spain. Monf. de Montmorin concluded by faying that His Moft Christian Majefty entertained no Doubt of the Court of London perceiving, from the Promptitude and Precision of this Anfwer, His Defire to maintain the Harmony and good Intelligence which fo happily fub- fifted between the Two Countries. ■ WHILE this Negotiation was depending with the Court of France, the States General of the United Provinces loft no Time in manifesting their earneft Difpofition, not merely to fulfil the Conditions of their Alliance with this Country, but to exhibit to All Europe an early .Difplay of that ■Difpofition, by advancing their Preparations . for our Service, at a considerable Charge to G g the [ 234 } ihe Provinces. As an incontrovertible Proof of thefe friendly Sentiments, the Squadron which, as it has been feen, was ordered to be fitted out, failed early in the Month of July for Portfmouth, under the Command of Admiral KingSbergen, and brought us a Succour qf Six Sail of the Line, and Four Frigates. At the fame Time, Orders were given, and Funds wpre provided, for the Arming of Six additional Ships, as a further Reinforcement; fhould the Circumftances of this Country, in the Event qf Hoftilities taking Place, require it. The Attachment of the United Provinces towards this Country being thus cordial, their Satisfaction at the Intelligence of the Declaration and Counter Declaration having been figned at Madrid on the 24th of July (which arrived at the Hague on the 6th of Auguft), was proportionally Great. The Prince Stadtholder, in particular, expreffed his fincere Joy at a circumftance fo Glorious to His Majefty's Councils, by a Letter, in his own Hand- ' writing, to Lord Auckland. His Majefty's Ministers, however, being aware that thefe Instruments, however fatif- fadttory [ 235 3 fadtory they might be with refpedt to the National Honor, were by no Means conclufive as to the great Queftion of Peace or War, and that the Negotiation now about to commence on the rcferved Points might eventually mifcarry, thought it advifeable to lofe no Time in cxpreffing to the States General their WiSh, that their Armament might be for fome Time continued. With this View, the Duke of Leeds, on the 14th of Auguft, instructed Lord Auckland to lofe no Time in reprefent- ing to the Dutch Ministers, how unwilling His Majefty would be to propofe to the States General the Continuance of the Expence, arifing from their Naval Preparations; but that, notwithstanding the Satisfaction given by the Court of Spain, it was Still uncertain what might be the Final Iffue of the Negotiation, which comprehended Points of the greateft Importance to the Commerce and Navigation of His Majefty's Subjects. On this Account, his Excellency was directed to ftate^ that His Majefty would be anxious that there Should not be any Appearance of thofe Preparations being relaxed ; and that befides this, it appeared to His Majefty that, at a fmalj additional Expence, the Force actually equip- G g 2 ping ii | 236 I ping in the Ports of the Republic might be made Ufe of, in Conjundtion with a Squadron j which His Majefty propofed to affemble forth- ] 'with in the Downs, for the Purpofe of adding Weight to the Reprefcntations already made by His Majefty, for effectuating a Pacification j in the North and Eaft of Europe, His Ex- j pellency was therefore defired to endeavour to j haften, as much as poffible, the Equipment pf the Additional Ships actually fitting out; and to Reprefent to the Dutch Ministers, that it appeared advifeable for Admiral Kingfber- . gen's Squadron to be ordered Home, in order to be fupplied, as fpeedily as poffible, with the Articles of whiph it was in Want. Lord Auckland, having received thefe In*. ftrudtions, had a Conference with the Prince 1 Stadtholder on the 19th; in whiph His Serene Highnefs entered, with great Cordiality and ) Zeal, into the Points recommended by the ] Duke of Leeds; obferving, that the unfinished Difcuffion with Spain, as well as the State of Europe in general, warranted, a Continuance qf their Naval Armament. The Deputations of the different Admiralties, wpre equally convinced of the Expediency * ' of [ 237 1 *>f this Meafure. Of this the Grand Pen-. Sionary loft no Time in affuring Lord Auckland, adding, " qu'il n'y auroit rien de change f aux Equipemens jufqu'a nouvel ordre, qui 44 ne feroit pas donne avant qu'on puiffe voir *' un peu plus clair dans les Affaires qui ref- M tent a arranger." Admiral KingSbergen was alfo ordered to return Home, for the Purpofes mentioned in the Duke of Leeds's Letter. He accordingly failed from Fqrtfmouth about the End of Auguft, and arrived, after a Short Paffage, in the Ports of the Republic; where, in Conformity with the Orders tranfmitted to him, he loft no Time in compleating the Manning of his Ships to the War Establishment. IT will now be proper to return to the important Negotiation, with which Mr. Fitz- Herbert had been charged at the Court of Madrid. VERY full Inftructions, as it has been feen, having been forwarded to that Minister on the 17th of Auguft, Full Powers* under the Great Seal, were fent to his Excellency on the 1 ft of September following, to enable him 1 238 J . tq conclude a final Arrangement with the Court qf Spain, Should the Spanish Ministers agree to a fair and honorable Termination of the existing Difcuffion ; together with a Copy of the Note, which Earl Gower was instructed to . prefent to the French Ministers, on the Subject of the very considerable Armament ordered to be prepared in the Ports of France. On this latter Point Mr. Fitz-Herbert was diredted to omit no Opportunity of expreffing to Count Florida Blanca the Probability of this Meafure on the Part of France impeding, rather than accelerating, the Return of Har-? mony and Friendship between Great Britain and Spain ; as the Appearance of a Third Power interfering in the prefent Difcuffion between the Two Countries, during their Negotiation, by making a cpnfiderable Armament, and that Power, from it's Connections (already fubfifting, however likely to be qualified in future) with Spain, holding out a partial Degree of Countenance to the latter, with the obvious Intent of influencing the Negotiation in Hec Favour, could not but give Umbrage to England ; and, unlefs the Spanifh Ministers Should prefer a direct Rupture to an amicable Aceom- *-« modation, I" 239 ] mo'dation, there could be little Doubt of their rather difcouraging than promoting any Meafure on the Part of France, which was not only apparently calculated to prevent the wifhed for Accommodation between Their Britannic and Catholic Majefties, but muft, if carried into Effect, produce the moft 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 cither the Profcffions or the good Scnfc of the Court of Spain. The Duke however faid, that what he had above Stated would be the Line of Conduct obferved by this Country, even fuppofing France in the fame Situation She enjoyed at any (the moft fortunate) Period of Her History. On the Second Day after the Meffenger left Whitehall with this Difpatch, a Letter was received from Mr. Fitz-Herbert, dated Madrid, the 16th of Auguftj by which his Excellency acquainted the Duke of Leeds, that, in a Converfation with Count Florida Blanca r 240 i ton the 14th, that Minister, after expatiating on the enormous Expence and other Inconve- niencies attending the prefent Armaments; obferved, that he could not help flattering him* felf that Great Britain might perhaps be induced to difcontinue them forthwith, on it's being made to appear, by fatisfactory Evidence on the Part of the Spanish Court, that, conformably to what his Excellency had mentioned in a preceding Difpatch, Orders had actually been fent to the Spanish Governors and Officers in the Weft Indies, directing them, in every Cafe of real or fuppofed Encroachments committed by British Subjedts, to report the Matter Home, but by no Means to proceed to any Kind of Violence or Voie de Fait. Mr. Fitz-Herbert added, that he did not take upon himfelf to return any Anfwer to this1 Propofal; but, at Count Florida Blanca's particular Requeft, had promifed to lay it before His Majefty's Ministers. To this Propofal the following Anfwer was returned by the Duke of Leeds. SIR, Whitehall, September 10, 1790. COUNT Florida Blanca and the Marquis del Campo having repeatedly mentioned the Subject . [ 241 ] Subject; of mutually difarming our refpedtive Fleets, it is thought neceffary that you Should State to the former of thofe Ministers, that, with every Wifh to fee the prefent Difcuffions finally and amicably adjuftcd, it docs not appear to this Government expedient to difarm (however considerable the Expence of maintaining fo large a Naval Force as that at prefent cm- ployed) until the Negotiation is brought to fuch a State, as to render it's being amicably terminated, upon the Principles Stated in your Excellency's Inftructions, no longer liable to Doubt and Uncertainty. ( Signed ) Leeds. On the 27th of September, a Meffenger arrived at Whitehall, with difpatches from Mr. Fitz-Herbert, dated at Madrid the 16th of September. By thefe it appeared, that, having received tie Instructions and Full Powers above mentioned, 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 Minister the Paper which His Majefty had directed Earl Gower to deliver to Monf. de H h Montmorin t H* I Montmorin, on the Subject of the recent De* crees of the French National Aflembly, touching the Family Compadh His Excellency added, that His Majefty did not doubt, but ; that the Catholic King would do Him the Juftice to be perfuaded, that thefe Meafures entered into by Franee would not induce His Majefty to recede, in the fmalleft Degree, from the Instances which He had caufed to be made at the Court of Madrid, in order to obtain what He considered as due to the Honor of His Crown, and to the Interefts of His Subjects : And that His Majefty was equally certain, that it could be by no Means in His Catholic Majefty's Contemplation, at the prefent ' Juncture, 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 between the Courts of St. James's and Madrid. Count Florida Blanca, without making any direct 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 confidentially on the Subject of the above mentioned Decrees of the French National Affembly, [ 243 ] bly, which, he faid, had given Rife to very ferious Reflections in the Mind of His Catholic Majefty. The Spanifh Minister added, that Mr. Fitz-Herbert could not but have been informed of the great Concern and Uneafi- nefs, with which that Prince had obferved the Progrefs of the violent Changes, that had taken Place lately in the Constitution of the French Monarchy; and that the Truth was, that he looked upon the National Affembly of that Kingdom with the utmoft Horror and Deteftation, considering their Principles and Proceedings as utterly fubverfive of every Principle of Government and good Order: That, upon this Account (independantly of other Objections), His Catholic Majefty was extremely averfe to the adopting the Species of Treaty propofed to Him by that Body; Conceiving that fuch a Step, as it would imply a Recognition on His Part of their Authority, would be highly injurious to His Perfonai Dignity, and might poffibly, in the End, produce the moft fatal Confequences to the Tranquillity and Well-being of His Kingdom: That, on the other Hand, however, His Catholic Majefty knew but too well to what imminent Danger the Spanish Monarchy would H h 2 he U Ml [ 244 I be expofed by engaging, Single-handed, in a War with Great Britain; and therefore that He Should be abfolutely obliged to accept of the Succours tendered to Him by France, on whatever Conditions, fuppofing that the Court of London prejfed too hardly upon Him in the prefent Conjuncture; But that, in the contrary Cafe, and if an Accommodation Should be fpeedily concluded between Great Britain and Spain, he (Count Florida Blanca) was authorized to affure Mr. Fitz-Herbert, in the moft exprefs Terms, that it was His Catholic Majefty's decided Intention, to reject the Propo- fals for a National Compact, which had been made to Him by the French Ministry, in con- fequence of the late Decrees of the National Affembly; and, moreover, that that Monarch would then be ready to eftabliSh with Great Britain the moft intimate Syftem of Concert and Union, for the Promotion of their re- fpective Interefts, and for fecuring the general Tranquillity of Europe. Count Florida Blanca then proceeded to explain to Mr. Fitz-Herbert the Meaning of his Expreffion, '* in cafe England did not prefs I too hardly upon Spain in the prefent Con- I juncture." On this Head he told him, that [ 245 I that he had repeatedly fubmitted to the Coun-^ cil of State the Projet and Obfervations which he had delivered to him at St. Ildephonfo; and that it was the unanimous Opinion of the Members of that Body, that a fpeedy Accommodation between Great Britain and Spain could not poffibly take Place, conformably to the very comprehensive Plan traced out in thofe Papers. That, in particular, previously to the returning any pofitive Reply from Spain on the Subject of the propofed Lines of Demarcation, it would be indifpenfibly neceffary to fend to America, for an exact Account of the Extent and Circumftances of the Spanish Settlements and Miffions in the Interior of that Continent, as well to the North as the South, and to enquire, at the fame Time, into a Number of other Circumftances, intimately connected with the the prefent Bufinefs. That, beforefuf- ficient Anfwers to thefe Inquiries could be collected and tranfmitted to Europe, a great Length of Time muft neceffarily elapfe, during which it was next to impoffible, considering the powerful Armaments now on Foot both here and in Great Britain, and the Jealoufy naturally entertained by both Courts of each other's Pefigns, that fome difagreeable Incident Should not t 246 I not intervene, that might bring on a'decided Rupture. That, moreover, during fo long an Interval, it would be equally impoffible for this Court to Spin out their Negotiation with the French Government, fo as to avoid fome decided Explanation; in confequence of which^ as His Catholic Majefty would Still be in a State of Uncertainty refpedting the Iffue of his, Negotiation with Great Britain, he would be compelled, however reludtantly, to accept of the propofed National Compact. Count Florida Blanca ended by faying, that, on a Consideration of all thefe Difficulties, he had at Length obtained the Confent of His Catholic MajeSty to propofe to our Court the following Expedient, viz. the immediate Conclusion of a preliminary Agreement, that would fecure to Great Britain, by general, but fufficient Stipulations, the Objects which She had in View; and thus put a Stop to the prefent Armaments, and furnifh the Two Crowns with fufficient Leifure for the Completion of a definitive Arrangement, as well as of a Syftem of Union, which might enable His Catholic Majefty to difengage Himfelf entirely from His Connections with France; and that he was going to prepare a Projet to that Effect, which he would r 247 i would communicate to Mr. Fitz-Herbert Very Shortly. Mr. Fitz-Herbert obferved, that, confidering all the Circumftances attending this Propofal (and more efpecially the important and unforcfeen Change which had taken Place in the Difpofitiofis of this Court with Regard to France) it occurred to him at the Inftant, that it might perhaps be fo modelled, as to form the Bafis of a very eligible Arrangement; and he therefore ventured (as in his private Capacity) to meet it half Way; and moreover, having found by Experience that, in negotiating with the Spanish Court, it is often of Advantage to frame the firft Draft of any Agreement, he undertook to draw up a Projet conformably to the Spanish Minister's Idea. Accordingly, on the following Day, he delivered to Monf. de Florida Blanca the Paper,' of which the following is a Copy. LEURS Majeftes, &c. etant difpofees a former une Convention, la- quelle, en terminant les Differends qui fe font eleVes en dernier Lieu entre les deux Cou- ronnes, ecartat a l'avenir et pour toujours de pareils [ 248 ] pareils Sujets de Difpute, ont nomme a cette Fin de la Part de Sa Majefte Ct de la Part de Sa Majefte Lefquels, en attendant l'entier Accompliffe- ment de cet important Ouvrage, font convenus des Points Pteliminaires fuivans. Article I. Les Sujets Britanniques feront remis en Poffeffion de leurs fiatimens et Terreins, fitues fur la C6te du Nord-Oueft du Continent de l'Amerique, ou bien fur des Ifles adjacentes a cette C6te, lefquels leur furent enteves par un Officier Efpagnol vers le Moi d'Avril, 1789. Article IL Sa Majefte Catholique s'engage de faire ex- pedier immediatement les Ordres neceffaires, pour que les Sujets Britanniques ne foient pas inquietis dans l'Exercice de leurs Droits de Peche, de Commerce, et autres dans les Mers du Sud, et dans l'Ocean Pacifique : Et Sa Majefte Britannique promet, de Son Cote, d'em- ployer les Mefures les plus efficaces, pour cm- pecher [ 249 ] Richer tout Commerce illicite ou de Contre- band entre Ses Sujets et les Poffeffions Ef- pagnoles. Article III. Dans tous les Cas de Plainte ou d'lnfradtion des prefens Articles, les Officiers de Part et d'autre feront tenus de faire un Rapport exact des Circonftances de 1 Affaire a leurs Cours re- fpedtives, fans fe permettre au ptealable au- cune Violence ou Voie de Fait. Article IV. Les prefens Articles feront ratifies et confirmed dans l'Efpace de Six Semaines, a compter du Jour de leurs Signatures, ou plutot fi faire fe peut, et, auflitot apres, les Armemens, et en general tous Preparatifs de Guerre, feront difcontinues de Part et d'autre, et les Marines des Deux Couronnes feront remifes fur le Pied de l'Etabliffement de la Paix, tel qu'il exiftoit au Commencement de la prefente Annee; Fait a Madrid, &c. THIS Paper Count Florida Blanca immediately fubmitted to a Cabinet Council affem- I i bled tied for that Purpofe; and the. fame Night Mr; Fitz-Herbert received from hjm the fol*, lowing Paper, together with a Letter inviting, him to a Conference on the next Day. LEURS MajeStes Catholique et.Britannique etant difpoSHs a former une.Convcntiony laquelle, en terminant les Differends, qui fe font eteves en dernier Lieu entre les Deux Couronnes, ecarteroit a 1'avenir et pour tour- jours de pareils Sujets de Difpute : Elles ont trouve que l'Ajuftement des differens Points neccffaires a cette Fin demanderoit la Delibe- la plus ferieufe, de metne que des Informations prifes fur les Lieux et dans des Payes tres eloignes, d'ou feroient refultcs de grands De- lais, nuifibles- au plus prompt Retour de l'Har- mqnie et de l'Amitie, que Ton voudroit retablir et raffermir au plutot. C'eft dans le Defir d'obvier a ces Inconve- niens que les Souffigne's, par Ordre expres de leurs Souverains refpectifs, font convenus, qu'en attendant qu'on puiffe regler et terminer l'Ouvrage falutaire d'une Convention.definitive,- telle qu'on la Defire de Part et d'autre, fur tous les Points qui intereffenf les deux Nations, ils declareroient, et ils declarent ce qui fuit. i mo. [ Hi ] imo. Que les Sujets refpedtifs de Leurs Ma- jeftes Catholique et Britannique ne feront point inquie'tes dans le Port de Nootka, fes C6tes, et Ifles adjacenfes, foit a Caufe de leur Commerce, ou des Etabliffemens faits ou a faire; et qu'ils feront remis en Poffeffion des Bati- mens et des Terreins qUi. icur auroient 6te enlevds aux uns qu aux autres; 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 quelles doivent s'etendre les Droits exclufifs que l'Efpagne y pretend avoir. 2do. Que jufqu'a ce qu'un Reglement foit fait dans la fufdite Convention, pour determiner les Droits des deux Nations dans les Mers du Sud et dans l'Ocean Pacifique, les Sujets Efpagnols et Britanniques ne feront pas reci- proquement inquiete dans ceux de la Peeh< > bien entendu, que les Vaiffeaux Anglois s'ab-. ftiendront d'appropher des C6tes et des Ports de l'Efpagne : Et Sa Majefte' Britannique pro- met de Son Cote, d'emplqyer les Mefures les plus efficaces pour empecher tout Commerce I i 2. illicite [ ?52 ] illicite, ou de Contrebande, entre Scs Sujets, et les Poffeffions Efpagnoles. 3tlo. Dans tous les Cas de Plainte ou d'ln- fraction des Articles de la prefente Declaration, les Officiers de Part et d'autre, fans fe permettre au prealable aucune Violence ou Voie de Fait, feront tenus de faire uh Rapport exact de I'Affaire et de fes Circonftances a leurs Cours refpectives, qui termineront a l'Amiable ces Differends. 4to. Les prefens Articles feront ratifies et confirmed dans l'Efpace de Six Semaines, a compter du Jour de leur Signature, ou plutfit fi faire fe peut; et auffit6t apres les Armemens, et en general tous Preparatifs de Guerre, feront dif^ continues de Part et d'autre, et les Marines des deux Couronnes feront remifes fur le Pied de rEtabliffement de la Paix, et tel qu'il exiftoit au Commencement de la prefente Annee. Fait a Madrid, &c. AT the Conference propofed by Count Florida Blanca, Mr. Fitz-Herbert informed the Duke of Leeds, that he had ufed his utmoft Endeavours ! 2.J3 3 Endeavours to engage that Minister to alter this laft mentioned Paper in the following Particulars. I ft. By expunging from the Firft Article the Expressions which Stipulate 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 imagine, that any Seizure of that Kind had been made by the Subjects of Great Britain to the Prejudice of thofe of Spain. 2d. By inferting in the Second Article, after the Word " Fishery," an Acknowledgement, in exprefs Terms, of the Right of landing, &c. in all unfettled Parts of the American islands and Continent. 3d. By inferting, in like Manner, in the fame Article certain Words, which Should limit the " C°afts. 3"d Ports of Spain" to fuch Places only as are in the a&ual Occupancy of that Power, and, at the fame Time, define the exact Distance, within which Britifh Veffels are not to be permitted to approach thofe " Coafts and Ports.'' With I 254 I With .regard to the Firft of thefe Points Count Florida Blanca faid, that the Vice-Roy of Mexico had mentioned in his laft Letters there being Reafon to apprehend, that an Armament, fitted out by Britifh Subjects, interested in the North-Weft American Trade, had failed from the Eaft Indies for'Nootka, in the View of diSpoffeffing the Spaniards of that Port; and-that, though he himfelf (Monf. de 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 Possibility. He alfo declined admitting the Alterations which Mr. Fitz-Herbert had propofed to introduce into the Second Article, alledging, that all the Points to which they related, came within the Defcription of thofe, which he had before Slated as impoffible to be defined precifely without previous Examination and Inquiry, For the reft, that it appeared to him, that the Expreflions of the Article in Queftion were fuch, as to fecure to His Ma-r jefty's Subjedts the Enjoyment of every Right which Mr. Fitz-Herbert had Stated as belonging to them, and that he could affurc him, that their full Exercife of thofe Rights would never [ *S5 J hevermeet with any Oppofition from the Court of Spain, neither could it be impeded by the Spanifh Governors in America, whofe Hands were effectually tied up/ both by their Inftructions from Home, and by the Stipulations of [the Third Article; which Article he; at the ' fame Time, Slated as a moft important Con- ceffion on the Part of Spain, being a Derelic- \ tion of that Syftem of Defence, which had been hitherto constantly maintained by that Crown, from the very firft EftabliShment of • it's- American Poffeffions. Upon the whole," Count Florida Blanca faid, that, as in framing the Paper in Queftion he had gone to the ut-» moft Length warranted by the Refolutions of His Catholic Majefty and his Colleagues in - Office, he was obliged to make it his earneSt [ 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 I fending, by this Meffenger^ an Instruction to I Monf. del Campo, authorizing him to fign it, in cafe His:Majefty Should approve of that Ex- Ipedient, as a Means of fhor'tcning by fome Weeks C ?56 J Weeks the Continuance of the prefeht expehi five Armaments. Count Florida Blanca alfo pledged himfelf; not to take any Steps whatfoever in the Negotiation with France, 'till he fhould have received an Anfwer to his prefent Propofal. By the fame Meffenger Mr. Fitz-Herbert informed the Duke of Leeds, that he learnt, by pofitive Advices received at Madrid from Cadiz, that the Spanish Fleet, commanded by the Marquis del Socorro, re-entered that Harbour on the 9th Inftant. It amounted to Thirty-four Sail of the Line, having been 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 immediately, and victualled for between Four and Five Months ; and it was understood 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 r 257 ] On the 2d of October, a Meffenger was dif- patched to Mr. Fitz-Herbert, with the Instructions which His Majefty had commanded to be fent to that Minister, for his Direction in the very important and critical Negotiation in which he was engaged. His Majefty's Ministers obferved, that the Effect of thefe Inftructions muft 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- .11 factory, particularly as it would leave open to fubfequcnt Explanation and Difcuffion Points which it was effential now to bring to a precife and final Decifion. On' this Ground, the Duke of Leeds informed Mr. Fitz-Herbert, that he had it in Command from His Majefty to Slate to him, that that'Declaration was utterly inadmiffible; and that it would have appeared very doubtful, Kk if t 258 1 if that Paper had not been accompanied by othe* Circumftances mentioned in his Difpatch, whether any Advantage could have been hoped for from a farther Continuance of the Negotiation. The Account, however, which his Excellency gave of the Communication made to him by Count Florida Blanca, and the Opinion which he expreffed, that the Spanifh Court was really anxious for an Accommodation, appeared to His Majefty to deferve the moft ferious Attention. This had determined His Majefty to make one farther Effort, in qrder to avoid, if poffible, the Interruption of Tranquillity, and to bring to a Teft the Sincerity of the Professions made by the Spanish Minister, in the Name of his Court. It certainly was not probable that Count Florida Blanca woujd have committed himfelf fo far on Points of fo much Delicacy, unlefs it had been previously determined by his Court to go fome considerable Length, in order to avoid a Rupture with this Country : And it was Still poffible, that the Spanish Court might be made fenfible of the Neceffity, for that Purpofe, of acceding to the Principles to which His Majesty, [ 259 ] jefty, on his Part, thought it neceffary to ad* here. The Language held by Count Florida Blanca, on the Subject of France, was alfo entirely 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 si Connection, the Advantages of which, either in the prefent Moment, or for the future, muft now be confi- dered as very precarious, and to endeavour to form a real and folid Union with this Country. Such an Event, if it Should take Place, would undoubtedly be in the higheft Degree beneficial to the Interefts of this Country, and Would greatly contribute to the future Repofe of Europe. His Majefty had therefore too Strong a Senfe of the Importance of this Object, not to be defirous of improving, as far as poffible* the Opening which had been given by Count Florida Blanca's Converfation. The Chance which was thereby afforded, of ftill obtaining a fatisfactory Iffue to the prefent Negotiation, together with the Poffibility of fpeedily fecuring the Benefit of the Diffolu- tion of the Family Compact, and the Efta- K k 2 bliShment [ 260 I blifhment of an intimate Connedtion between' Great Britain and Spain, were considered as over-ballancing any Inconvenience which was likely to arife, from allowing fuch a farther Interval as might be neceffary for Mr. Fitz- Herbert'srexlfcuting thefe Inftructions. The Duke, however, obferved, that, thefe Motives would not induce His Majefty to admit of any greater Delay, than was abfolutely requifite for afcertaining how far the great Ends in View could be obtained ; and, indeed, if it were at all to be hoped that the Court of Spain could be brought to a fatisfadtory Arrangement of the Points in Difcuffion, and was in Earneft in wishing afterwards to form fuch a Connection with this Country, as had been fuggefted by Count Florida Blanca, the firft Part of the Work might certainly be compleated within a few Days after Mr. Fitz- Herbert's receiving thefe Inftructions. His Excellency was therefore defired to understand, that the Sentiments which his Grace was now to State to him, were Final and Unalterable: And if he Should not be able to bring the Difcuffion to a very fpeedy Conclusion, it would be His Majefty's Pleafure (as fhould be more t 261 ] more particularly-ftated to him in a Separate Difpatch), that he Should 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 Should hold on the prefent Occafion, the. Duke of Leeds proceeded to State to him the principal Objections to the Declaration which he had tranfmitted. The great Objedt which Hi3 Majefty has had in View, and to which the Instructions with which Mr. Fitz-Herbert had already been furnished had uniformly been diredted, was that of effcdtually fecuring the Rights and Interefts of His Subjects from being questioned hereafter, and of removing all Caufes of Mifunder* Standing between' the Two Courts. This Objedt could in no Degree be obtained by Count Florida Blanca's Projet. The Preamble referred to the Impoffibility of fettling the different Points in Difpute without long Difcuffion and Examination on the Spot, and Stated - this Convention as made en atten* dant, &C. The Stipulation refpedting Nootka (independent of the Objections to the Terms in which it was drawn with refpedt to a Reciprocal t 262 } Reciprocal Restitution) was made binding only 'till a future Decision of the Limits of the Ex4 clufive Rights of Spain. He befides Stipulated at prefent, that British Subjects Should not approach the Coafts of California; under which Name the Spaniards may hereafter comprize any poffible Extent of the Territory in Difpute. In like Manner, the Right of Fishery (befides being fubjedt 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 qnly until a Regulation Should be formed in the propofed future Convention, to determine the Rights of the Two Nations in the South Sea' and the Pacific Ocean. The propofed Engagement, for the Prevent tion of Contraband, was conformable to what His Majefty 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 Fishery; and no Provision whatever was made for forming Settlements in unfettled Parts of the Continent, either to the North or the South, nor was the general Principle C 263 ] ciple, that unoccupied Places are open to Settlement, admitted. The Third Article would not in it's Principle be liable to any Objection, and might very properly form a Part of a Convention, which was, in other Refpedts, fatisfadtory. But fuch a Stipulation could not be accepted as a Substitute for that clear and precife Security, which His Majefty thought it Indif- penfible to obtain for His Subjects, in the Exercife of their juft Rights. The Fourth Article was only a Matter of Form as to what relates to the Ratification. On. the Subject of the Difarmament Mr. Fitz- Herbert was informed that he Should receive feparate Instructions ; 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 Convention. The general and decisive Objections to it in it's prefent Shape were, that it did not afcer- tain, with fufficient Precision, even what was meant to be the Subject of the prefent Agreement ; that it fettled nothing definitively, but only with a Reference to fubfeqaent Ncgotia- ; tion; and that, by that Reference, it left \ open the main Subject of Difpute, and might even C 264 J even give Room for the Court of Spain to affert, in it's full Extent, the Whole of the exorbitant Claim which gave Rife to the prefent Difcuffion. It being His Majefty's firm Intention to adhere 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 Difcuffion, by which thoSe Principles could at any Time be called into Queftion. His Majefty's Ministers thought it neceffary alfo to obferve, that, even if the Pretext al- ledged by the Court of Spain for avoiding a Definitive Arrangement, (that is, the Neceffity of a Reference to America for local Information) applied to any of the Points contained in the Projet which the Duke of Leeds tranfmitted 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.Articles for the Restitution of the Buildings and Tracts of Land of which His Majefty's Subjects were difpoffeffed, and that which provides that the Subjects of either Crown Shall not give I **5 ] give any Moleftation or Difturbance to the Subjedts of the other in navigating or carrying on their Fisheries in the Pacific Ocean or South Seas, or in Landing on the Coafts thereof for the Purpofe of carrying on their Commerce With the Natives, or in making Settlements in Unoccupied Places, contain the effential Points on which His Majefty thought it indifpenfible to infift; 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 Queftion of the Restitution of Nootka and the other Tradts, of Land muft depend folely on thefe Points: Whether Spain claims them on the Ground of a fuppofed general Right of exclufive Sovereignty in that Part of the World, or of al- ledged prior Difcovery, or any other Ground independant of established Occupation and Poffeffion; or laftly, whether it could maintain that fuch Occupation and Poffeffion actually exifted prior to the Time when the Lauds were purchafed, and Buildings erected by L I His [ 266 ] His Majefty's Subjects. Thefe were all Point* on which the Court of Spain muft be fuppofed, after all that had paffed on the Subjedt, 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 Majefty's Subjects (liable to fuch Provifions as may be made for preventing illicit Trade to thofe Parts actually in the Poffeffion of Spain) depended folely upon the fundamental Queftion, whether that Crown did or did not inflft uppn, and maintain, an exclufive Sovereignty over the Continent in Queftion, and the Seas adjacent. If therefore Spain Should perfift in refuling a distinct and final Settlement on thefe Points, under Pretence of making further Inquiries, fuch aCondudt could only hp considered as a Proof of wishing to gain Time, in order ultimately to eonteft the Principles themfelves on which thefe Articles are founded. x With Regard to the 3d Article, which propofed the Specification of certain Limits, within which His Majefty's Subjects Should be reftrained from making any Settlements, it might more plaufihly be urged, that Time is neceffary for collecting local Information > [ 267 ] but it muft be confidcred, that in fettling thefe Limits Mr. Fitz-Herbert was impowered, by the Duke of Leeds's former Instructions, to admit of a Degree of Latitude in the Application of the Principles Stated to him, which would make it almoft certain that thofe Limits would in Fact comprize a greater Extent of TCfritory than any which, on the moft minute Investigation, could be Shewn to be actually occupied by Spain; and that it •certainly Would have included fome confide- rable Tracts, which there was every Reafon to ■believe fall under this Defcription. A Nicety, With Refpedt to minute Points, could not, on either Side, be of fo much Importance as a Speedy and conclufive Termination of the Difcuffion ; And if, contrary to Probability, any Districts Should, in any Inftance, have been excluded to which the Principle of Occupation really applied, they muft be of a very recertt Date indeed, and, comparatively, very inconsiderable, if the Court of Spain itfelf had no Knowledge of fuch Occupation without frefh Reference to America; and confequently they muft be greatly overbalanced by the probable Extent of the Limits in other Parts, beyond what actual Enquiry wouldjuftify. In Addi- L1 z t*°» [ a68 ] flon to all this it was to be remembered, that, even if any fuch Inftance Should be found to exift of any Diftrift, without the Limits which hiight be fixed, being actually in the Occupation and Poffeffion of Spanish Subjedts, that that very PoffcSfion would Still remain, and, inftead of being disturbed, would be fecured and confirmed by the Principle and Terms qf tthe propofed Convention. On thefe Grounds it feemed reafonable to fuppofe that, if the Court of Spain Should 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. Jt even appeared to His Majefty's Servants, that fuch an Article mufl have been thought preferable, on the Part of the Court of Spain, to the Declaration only pf the general Principle, by the fair Application of which, they would probably not be able to claim fo extenfive an exclufive Territory, as that which this Article would Secure to them. It alfo appeared to be defirable for both Parties, for the Reafons given in his Grace's former Inftructions, as tending to remove any Difpute hereafter, as to what fhould bg deemed Proof of Occupation, or what was, £ 269 ] was the Extent of the Dominions fo occupied by Spain, at the Time of forming the Agreement. For the fame Reafon, His Majefty 'iffPP would Still prefer that fuch an Article Should make Part of the propofed Convention; but, at the fame Time, as his Excellency had already been informed, all which His Majefty thought indifpenfible, was comprifed in the Two preceding Articles; and, as Count Florida Blanca (although by'his Projet he would leave every Thing open to fubfequent Difcuffion) appeared to reft his Objection to a prefent Decision principally on this Point of Demarcation of Limits, His Majefty Would not object to the entire Omiffion of fo much of the Third Article as related to that Objedt. It would be fufficient that the general Right to form Settle- tlements in unoccupied Places Should be fecured by the exprefs Terms of the foregoing Article; and the Queftion of Occupation, if it ever Should come into Difcuffion, might fafely be left open to be decided, in all Instances, as it. evidently muft have been left in fome, on the >l< general Principles of the Law of Nations. 'k 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 [ 2TO ] to make any further Remark upon it, than that, in cafe the foregoing Part of the Article ihould be omitted, the concluding Words of the latter Part muft changed from •• Compre- '* bended within the above-Limits" to ** ac- ** tually occupied by Spain." The Fourth Article was one, the Motive for inferting which, his Grace Slated to have been fufliciently explained in his former Difpatches. He. now obferved, that His Majefty continued to think it mutually defireable, 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 Should form Part of the Convention': But that His Majefty had no material Objection (if the Court of Spain Should prefer it) to waive both this Article and the 5th, which was originally fuggefted only as likely to be- acceptable to Spain. From what was now Slated, Mr. Fitz-Herbert would be enabled to fee that it was His Majefty's Pleafure that'he Should firmly infift upon what were the ift and 2d Articles of the Projet which the Duke of Leeds tranfmitted. That the Part which Stood as the 3d Article, relative to fixing Limits, might be omitted, if the Court of Spain defired it; but that His Majefty would prefer it's making a, Part [ 271 ] Part of the Convention ; and that, in that Cafe, the Blanks muft be filled up on the Grounds Slated in the former Instructions. 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 appeared defireabletoretain 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 alfo authorized to leave it to the Option of that Court to omit or in- fert in the Definitive Convention the 3d of the Articles propofed 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 Provision. 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 His Majefty's late Demand of Satisfaction was grounded and acceded to by the Court of Spain. i|; To the Articles above mentioned it would be proper to add one, in the ufual Form, refpedting |j ^';.iit;f C 272 ] fpecting the Ratification as propofed both iii Mr. Fitz-Herbert's Projet before Stated, and in that delivered to him by Count Florida Blanca. The Duke added, that it might alfo be ad- vifeable, if his Excellency Should find that it Would facilitate the Conclusion of the Convention, to infert an Article (conformable to the Second Article in the inclofed Projet), Stipulating a reciprocal Restitution of any Place which might have been captured, and a Reparation of any Injuries which might have heen committed on either Side, during the prefent Difcuffion. The Duke further Stated, that he had before remarked to his Excellency, that the Stipulation for reciprocal Restitution at Nootka, as propofed in Count Florida Blanca's Projet, was liable to Objection, and that the firft Article muft Stand as originally propofed : But that there could be no Inconvenience in admitting a distinct Article providing for any other Cafe which might have occurred, and though it was not effential, it feemed more defirable that it Should be inferted than not. Having thus particularly Slated all that appeared neceffary for Mr. Fitz-Herbert's Instruction, I m 3 ftrudtion, with refpedt to the Points on which he was finally to infill, the Duke faid he had only to add, that in converfing on this important Subject with Count Florida Blanca, his Excellency Should particularly remind him of the Language, he Hated him to have held, purporting, that the Expreffions ufed in his Projet were fuch as to fecure to His Majefty's Subjects the Enjoyment of every Right which Mr. Fitz-Herbert had Slated to belong to them; and that he could aflure him, that their full Exercife of thofe Rights would meet with no Oppofition. On this it was obvious to rcmatk, that if that Minister was in Earneft in this Language, he muft be confidcred as waiving any Objection to the Juftice and Propriety of our Claims, and he' muft be willing that thofe Rights Should be fecured. The Articles propofed by him, profeffedly for this Purpofe, appeared, however, to His Majefty's Servants to be totally infufficicnt for accompli filing it, and to ■ leave all thofe Rights precarious. The Articles which Mr. Fitz-Herbert was now instructed to infift upon, could not, by any poffible Construction, be argued to give any Thing more than the Security of the Rights referred to. On this Short State of the Queftion, it M m was I 274 3 was impossible that a Rejection of thefe Demands Should not be confidered as a Proof, that the Court of Spain either was not Sincerely desirous of an Accommodation, or was unwilling to give, distinctly and unequivocally, that Security, which the Spanish Minister argued to be in Fact contained in the very Articles which he had himfelf fuggefted. The following are Copies of Two Plans or Projets alluded to in the preceding Difpatch, the one with and the other without a Demarcation of Limits; the feparate Articles of which were marked in the Margin with the Words *' Indifpenfibie" and " Optional," as in the prefent Copies. Draft of Projet, with a Demarcation of Limits. Article I. IT is agreed, that the Buildings and Tracts of Land on the North-Weftern Coaft of the Continent of America, or of the Iflands adjacent thereto., of which the Subjedts of His Britannic Majefty were difpoffeffed by a Spanish Officer in or about the Month of April in the Year 1789, Shall be reftored to them. Indifpenfibie. Article [ *7S Article IL It is further agreed, that Reparation, according to the Nature of the Cafe, Shall be made ^flfl for any other Acts of Violence which may have been committed by the Subjects of Either ! I of the Contradting Parties againft the Subjedts |j of the other, fubfequcnt to the Month of April, 1789; and that in cafe any of the faid re- fpedtivc Subjedts fhall, within the fame Period, have been forcibly difpoffeffcd of any Lands, Buildings, Veffels, Merchandize or other Property on the faid Continent of America, or in the ISlands or Seas adjacent, the fameShall be restored to them, or Compenfation made for Loffes fuftained. Optional. I Article IIL And, in order to prevent all Occafions of Jealoufy and Mifunderftanding in future, it is exprefsly agreed, that the Subjects of each of the Contracting Parties refpectively Shall not give any Moleftation or Disturbance to the Subjects of the other, in Navigating or Carrying on their Fisheries in the Pacific Ocean or M m 2 South I 276 ] South Seas, or in Landing on the Coafts thereof, in Places unoccupied by the Subjects of the other Party, for the Purpofe of carrying on their Commerce with the Natives, or in making Settlements in Unoccupied Places; fubject neverthelefs to the Provifions herein after ftipulated with.Refpedt to fuch Navigation, Commerce, Fisheries and Settlements. . Indiftenfble* Article IV, But, from a Defire to remove all Ground of Apprehenfion, which His Catholic Majefty might entertain, of any Interference with the Ancient and Established Poffeffions of the Crown of Spain, or of any Occasion being given to the carrying on a Contraband Trade with the faid Poffeffions, His Britannic Majefty engages that His Subjects Shall not form any Settlements in any Part of the Weftern Coaft of America, between Degree North Latitude, and Degree South Latitude, or jn any Part of the Eastern Coaft of South America, North of a Line drawn from to Or carry on any Commerce within the faid J,i-» nnts. [ 277 1 mits. And His Majefty alfo engages to take the moft effedtual Meafures to prevent the Navigation, Fishery, or Commerce of His Subjects, in the Pacific Ocean or South Seas, from * being made a Pretext for Illicit Trade with the Spanish Settlements ; and particularly that, for that Purpofe, the Fishery or Navigation of His Subjedts Shall not be carried on within Leagues of any Part of the Coaft comprehended within the above Limits, Optional, Article V. And, for the future Prefervation of Harmony and Good Understanding, it is mutually agreed between the Two Contracting Parties, that, as well in the Places which His Catholic Majefty has engaged to reftore to the Subjects of His Britannic Majefty, as in all other Places on the North-Weftern Coafts of America, or of the ISlands adjacent thereto, above the faid where any Settlements Shall have been made by the Subjects of. either Crown fince the Month of April 1789, or fhall hereafter be made, the Subjedts of the other Shall have full Liberty of Accefs, and of parrying [ 27? ] carrying on their Trade, without any Molefta«« Article VI. And it is further agreed between the Two Contracting Parties, that no Settlements fhall be formed hereafter, by the Subjedts of Either of the Two Crowns, in any Part of South America, South of on the . Eaftern Coaft, or of on the Weftern Coaft, fo long as no Settlements Shall be formed thereon by the Subjects of any • other Power. Optional. Article VII. In all Cafes of Complaint or Infraction of any Article of the prefent Declaration, the Officers of Either of the Contradting Parties, without previously making Ufe of Violence, or Forcible Means, Shall make an Exact and Circumstantial Report of the Affair to their respective 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 Blanca's Projet. Draft [ 279 J Draft of Projet, without a Demarcation of Limits. Article I. IT is agreed, that the Buildings and Tracts of Land on the North Weft Coaft of the Continent of America, or of the islands adjacent thereto, of which the Subjedts of His Britannic Majefty were difpoffeffed by a Spanifh Officer, in or after the Month of April, in the Year 1789, fhall be reftored to them. Indifpenfibie. Article II. It is further agreed, that Reparation, according to the Nature of the Cafe, fhall be made for any other Acts of Violence or Hostility, which may have been committed by the Subjedts of Either of the Contradting Parties, againft the Subjedts of the other, fublequent to the Month of April, 1789, an J that in Cafe any of the faid refpedtive Subjects Shall, within the fame Period, have been forcibly difpoffeffed of any Lands, Buildings, Veffels, Merchandize, or other Property on the faid Continent of America, or in the islands or Seas [ 28o-4— Seas adjacent, the fame Shall be restored to to them, or Compenfation made for the Loffes fuftained. Optional. Article III. ' And, in order to prevent all Occafions of JealouSy and Mifunderftanding in future, it is ex- prefsly agreed, that the Subjedts of Each of the Contracting Parties refpedtively, Shall not give any Molestation or Disturbance to the Subjects of the other, in Navigating or carrying on their Fisheries in the Pacific Ocean, or South- Seas, or in Landing on the Coafts thereof, in Places Unoccupied by the Subjects of the other Party, for the Purpofe of carrying on their Commerce with the Natives, or in . making Settlements in Unoccupied Places. Indifpenfble. Article IV. His Britannic Majefty engages, to take the moft effectual Meafures to prevent the Navigation, Fishery, or Commerce of His Subjects, in the Pacific Ocean or South Seas, from being made a Pretext for Illicit Trade with the Spanifh Settlements; and particularly that, for that Purpofe, [ «8i ] Purpofev the Fishery or Navigation of Hw Subjects Shall not be carried on within Leagues of any Part of the Coaft actually occupied by Spain. Optional. Article V. And, for the future Prefervation of Harmony and Good Understanding, it is mutually agreed between the Two Contracting Parties, that, as well in the Places which His Catholic Majefty has engaged to reftore to the Subjects of His Brirannic_Majefty, as in all other Places on the North-Weftern Coafts of America , or of the islands adjacent thereto, where any Settlement Shall have been made by the Subjedts of Either Crown fince the Month of April, 1789, or Shall hereafter be made, the Subjects of the other fhall have full Liberty of Accefs, and of carrying on their Trade without any Moleftation. Optional. Article VI. And it is further agreed between the Two Contracting Parties, that no Settlements Shall be formed hereafter by the Subje&s of either Nn of [ 282 J 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 Shall be formed thereon by the Subjects of any other Power. Article VII. In all Cafes of Complaint or Infraction of any Article of the prefent Declaration, the Officers of Either of the Contracting Parties, without previously making Ufe of Violence or Forcible Means, Shall make an Exact and Circumstantial Report of the Affair to their re- fptdtive 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 Blanca's Projet. IN the Separate Difpatch before alluded to > (which accompanied that of which a Detajl was laft given) the Duke of Leeds Slated to Mr.' Fitz-Herbert, on the Supposition of the prefent t &3 ] prefent Negotiation terminating amicably, and of Count Florida Blanca's returning to the Subject of Difarming, that the Enormous Ex- pence refpectively incurred by Both Countries, in Fitting out fuch confiderable Fleets, could not but render it highly to be wifhed, on both Sides, that Circumftances might permit a fpeedy Reduction of this heavy Branch of Public Expenditure. That the Moment our Differences with Spain Should be finally adjufted, we trufted our Mutual Confidence would be a Stronger Security, in refpedt to our Difarming on both Sides, than any Formal Stipulations could afford. With Refpedt to the particular Mode of dif- "•$f^$> arming, His Grace obferved, that it might be difficult to come to any prccife Stipulation on that Subject. Mutual Confidence would, he trufted, prevent any Jealoufy or Sufpicion be- ill tween us; and his Grace declared himfelf to be convinced the Court of Spain would enter into the Juftice of our Motives for not binding f~||J|||| ij ourfelves to reduce our Navy precifely to our . L Peace Eftablifhment, in the Firft Inftance. We certainly could not take fuch a Step, 'till France fhould have reduced Her Navy: And there might be many other important Reafbns- j , N n 2 for !| [ 284 ] for not being too precipitate in our Reductions, during the, prefent unfettled State of Europe in general; both which Considerations would, his Grace was convinced, be admitted as worthy of Attention by Count Florida Blanca. The Duke further Stated, that His Majefty's Ministers were perfuaded Spain was not only equally interested, 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 Disturbances, was the Court of Peterfburgh ; and the Reluctance with which that Court appeared to listen to the Propofals of an Accomodation with the Porte, Short of a Material Difmemberraent of the Turkish 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 established. By the fame Meffenger, the Duke of Leeds informed Mr. Fitz-Herbert, that the Propofals hereinbefore detailed, muft be considered as constituting the Ultimatum of this Court; and that the Great Expence attending our Preparations, t 285 I rations, as well as the Maintenance of the Armament actually ready for Service, joined to the natural and juft Expectations of the Public, could not admit any further Delay in coming to a Decision on the Points now at Iffue between the Two Powers. For thefe Reafons, his Grace directed that AmbaSSador fo inform Count Florida Blanca, in the moft explicit, though, at the fame Time, the leaft offenfive Manner, of the Impossibility of our admitting any further Procrastination in the Ultimate Decision 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 Satisfactory Anfwer Should not be returned within that Period, it was His Majefty's Plea- fure, that his Excellency Should quit Madrid, without taking Leave of the Spanish Court,. and Should forthwith fet out on his Return to England. In another Difpatch of the fame Date, and forwarded by the fame Meffenger as the preceding, the Duke of Leeds found himfelf obliged to exprefs his Regret that, during fo important [286 ] important a Negotiation as the prefent, any frefh Circumftance fhould arife capable of exciting Complaint on the Part of either Power. The unjuftifiable Treatment, however, which a Spanish Officer had obferved towards the Captain of a British Weft-Indiaman, in the Gulph of Florida was of fuch a Nature as to: render Complaint on our Part abfolutely neceffary. His Grace Stated, that Captain Macdonald, of the Trelawney Planters Weft-Indiaman, the . Object of the Spanish Officer's Cruelty, had been examined upon Oath, touching the particular Circumftances of the Cafe; and he inclofed to Mr. Fitz-Herbert, the Deposition of that Gentleman, as well as thofe of feveral other Perfons who were on Board his Ship, fome of whom were likewife with him when . on Board the Spanifh Frigate. Thefe were accompanied with the Deposition of Captain Steel, of the Louifa, (another Weft-Indiaman) who, having fpoke the Trelawney Planters, parted Company a Short Time previous to her being Stopped by the Spaniards, and was examined to the Point of the Courfe held by this latter Veffel, in confequence of which She was difabled from getting clear of their Squadron. Supposing [ 287 ] Suppofing the Spanish Commander to have entertained any reafonable Grounds of Sufpicion of her carrying on a Contraband Trade, the flopping, or even examining the Veffel in a proper Manner, when found fo near the Coaft of the SpaniSh 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 justified the barbarous Treatment he experienced on Board the Spanish Frigate. The Conduct of Don Francifco de Videl, was, as his Grace trufted, rather to be attributed to the wanton Cruelty of an Individual, than to any Syftem adopted by the SpaniSh Marine, or authorized by their Government ; and it would be unjuft to many of the Officers, as well as the Crew of the Frigate, not to mention their Endeavours to alleviate 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 fevereft Pain both in Head, Body and Limbs. For the Particulars of this Tranfadtion, his Grace referred Mr. Fitz-Herbert to the in- clofed [ 288 ] clofed Papers; * and he obferved, that Humanity, as well as common Juftice, muft induce the Court of Madrid to do Juftice on this Occafion with refpedt to the offending Officer. The Cafe evidently came under that Part of the Projet now fent, refpedting Satisfadtion to be reciprocally given by the Contradting Parties, for any Lofs or Injury fuftained by their respective Subjedts fince a certain Period. In cafe, however, this particular Article of the Pcojet Should not ultimately be agreed to, a direct and feparate Anfwer muft be obtained from the SpaniSh Court, to our Complaint of the Cruelty exercifcd by their Officer on Captain Macdonald. The Duke added, that, having Stated the Cafe to that Court, it was His Majefty's PIcafure, that Mr. Fitz-Herbert Should inform the SpaniSh Minister, that he was abfolutely forbid to conclude any other Part of the Negotiation, until he had received a pofitive Official Affurance in Writing, that, in the Event of the Facts contained in the Depositions above Slated not being disproved, a juft and adequate Punishment Should, be inflicted on the Offender. The * Several Affidavits lent to Mr. Fits-Herbert. [ 289 ] The Meffenger who was charged with thefe Djfpatches arrived at Madrid on the 12th of October. On the following Day Mr. Fitz- Herbert 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 pofltive Judgment with refpedt to the Refult of the Negotiation, the Language of the SpaniSh Minister gave him but too much Rea- fon to doubt of it's terminating amicably. With refpedt, however, to the cruel and unjustifiable Treatment which Captain Macdo- nald, of the Trelawney Planters Weft India- man, had experienced from the Captain of the Spanish Frigate, and for the juft and adequate Punifhment of whom Mr. Fitz-Herbert had delivered a Memorial to Count Florida . Blanca, that Minister informed his Excellency that, the Officer in Qveftion (whofe Name was Don Juan Vicente Yanez, and that of the Frigate Nueftra Senora Del Rofario,) had, on his Arrival at Cadiz about Three Weeks before, tranfmitted to the Minister of the Marine a Relation of the Affair in Queftion; and that, his Conduct having appeared, on the very Face of this Report, to have been highly O o blameable, [ 290 ] btameable, His Catholic Majefty 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 Adt 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 thofe Ministers that the Settlement of any Demarcation of fpecific Limits would, at this Time, be utterly impracticable, his Excellency thought it advifeable to lay before the Spanifh Minister a Projet, containing only the lit, 2d, 3d, 4th and 7th Articles of the Drafts inclofed to him in the Duke of Leeds's Difpatch of the 2d of October. Count Florida Blanca's. Reception of this Projet was, in every Refpedt, 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 Outfet of thefe Difputes. In order, however, that no Means of effectuating a Pacification might be left untried, Mr. [ aoi ] Mr. Fitz-Herbert, on the 15th of October delivered to the Spanifh Minister a translated Copy of the Whole of the Duke of Leeds's Draft, intitled Projet without the Demarcation of Limits; in confequence of which the Count fent him, on the following Day, an Anfwer; which, though Still conceived in Terms extremely wide of our Propofals, was never- thelefs fuch as to revive his Hopes of engaging the SpaniSh Minister, by Degrees, to accede to His Majefty's Demands. After repeated Conferences, both at the Efcurial and at St. Ilde- phonfo, (whither His Catholic Majefty removed on the 20th) the Difficulties which had intervened being removed, a Draft of the following Convention between His Majefty and the King of Spain was at length definitively fettled between Mr. Fitz-Herbert and Count Florida Blanca on Sunday the 24th of October, and was agreed to be.figned by them, with the ufual Formalities, on the Wednefday or Thurfday following. CONVENTION [ 292 ] CONVENTION between His Britannic Majefty and the King of Spain. LEURS Majeftes Britannique et Catholique, etant diff»fees a terminer, par un Accord prompt et folidc, les Differends qui Se font eteves en dernier Lieu entre les Deux Couronnes, Elles ont trouve, que le mcilleur Moyen de parvenir a ce But falutaire feroit celui d'une Tranfaction a l'amiable, laquelle, en laiffant de Cote toute Difcuffion retrofpec- tive des Droits et des Pretenfions des Deux Parties, reglat leur Pofition respective a 1'avenir fur des Bafes qui feroient conformes a Leurs vrais Interets, ainfi qu'au Defir mutuel dont . Leurs dites Majeftes font animees, d'ctablir entre Elles, en tout et en tous Lieux, la plus parfaite Amitie, Harmonie et bonne Corref- pondance. Dans cette Vue, Elles ont nomme et conftitue, pour Leurs Plenipotentiaires; favoir, de la Part de Sa Majefte Britannique, le Sieur Alleyne Fitz-Herbert, du Confeil I Prive de Sa dite Majefte dans la Grande Bretagne et en Irlande, et Son Ambaffadeur Extraordinaire et Plenipqtentiaire pres Sa Majefte Catholique; et, de la Part de Sa Majefte Catholique, t 293 ) tholique, Don Jofeph Monino, Comte de Florida Blanca, Chevalier Grand Croix du Royal Ordre Efpagnol de Charles III. Confeiller d'Etat de Sa dite Majefte, et Son Premier Secretaire d'Etat et del Defpacho: Lefquels, apres s'etre communique's leurs Pleinpouvoirs refpec- tifs, font convenus des Articles fuivans. II eft convenu que les Batimens et les Di- ftridts de Terrein, fitues fur la Cote du Nord- Oueft du Continent de l'Amerique Septentri- onale, ou bien fur des ISles adjacentes a. ce Continent, defquels les Sujets de Sa Majefte' Britannique ont ete depoflede's, vers le Mois d' Avril, 1789, par un Officier Efpagnol, feront reftitues aux dits Sujets Britanniques. Article II. De plus, une jufte Reparation fera faite, felon la Nature du Cas, pour tout Acte de Violence ou d'Hoftilit^ qui aura pu avoir etc* commis, depuis le dit Mois d'Avril, 1789, par Jcs Sujets de Tune des deux Parties Contrac- fantes contre les Sujets de l'autrej ct au cas que I 294 ] que depuis la dite Epoque, quelques uns des Sujets refpectifs ayent ere forcement depoSIedes de leurs Terreins, Batimens, Vaiffeaux, Mar- chandiies, ou autres Objets de Propriete quel- conques, fur le dit Continent, ou fur les Mere ou ISles adjacentes, ils en feront remis en Poffeffion, ou une jufte Compenfation leur fera. faite pour les Pertes qu'ils auront effuyees. Article III. Et, afin de refferrer les Liens de l'Amitie, et de conferver a l'avenir une parfaite Harmonie et bonne Intelligence entre les Deux Parties Contradtantes, il eft convenu que les Sujets refpectifs ne feront point troubles ni molefte's, foit en naviguant ou en exercant leur Peche dans l'Ocean Pacifique, ou dans les Mers du Sud, foit en debarquant fur les C6tes qui bordent ces Mers, dans des Endroits non deja occupes, afin d'y exercer leur Commerce avec les Naturels du Pays, ou pour y former des Etabliffements. Le tout fujet neanmoins aux Restrictions et aux Provifions qui feront Specified dans les trois Articles fuivans. Article [ 295 I Article IV. Sa Majefte Pritannique s'engage d'employer les Mefures les plus efficaces pour que la Navigation et la Pcche de Ses Sujets dans l'Ocean Pacifique, ou dans les Mers du Sud, ne devicn- nent point le Pretexte d'un Commerce illicite avec les Etabliffements Efpagnols; et, dana cette Vue, il eft en outre cxprcffcmcnt ftipuli, que les Sujets Britanniques ne navigueront point, et n'exerceront pas leur Peche dans les ditcs Mers, a la Distance de Dix Licues Mart- times d'aucune Partie des C6tcs deji occupies par l'Efpagne. Article V. II eft convenu, que tant dans les Endroits, qui feront reftituds aux Sujets Britanniques, en Vertu de 1'Article I", que dans toutes les autres Parties de la Cote du Nord Oueft de l'Amerique Septentrionale, ou des ISlcs adja- centes,fitue'es au Nord des Parties de la dite Cdte deja occupees par l'Efpagne, partout o& les Sujets de l'une des Deux Puiffances auront forme des Etabliflements, depuis le Mois d'Avril, 1789, ou en formeront par la Suite, les Sujets de l'autre auront un Acces libre,. «t r £9« i exerceront leur Commerce, fans Trouble ni Moleftation. * Article VI. , II eft encore convenu, par rapport aux C6tes tant Orientales .qu'Occidentales de l'Amerique Meridionale et aux Ifles adjacentcs, que les 'Sujets refpectifs ne formeront a l'avenir aucun Etabliffement fur les Parties de ces Cotes fi- tue*es au Sud des Parties de ces mfimes C6tes, et des Ifles adjacentes, deja occupees par l'Efpagne : Bien entendu, que les dits Sujets refpectifs conferveront la Facultc de debarquer fur les C6tes et Ifles ainfi fituees, pour les Ob- jets de leur Peche, et d'y batir des Cabanes, et autres Ouvrages temporaires, fervant feulement a ces Objets. Article VII. Dans tous les Cas de Plainte, ou d'Infraction des Articles de la prefente Convention, les Officiers de Part et d'autre, fans fe permettre auprealable aucune Violence ou Voi'e de Fait, feront tenus de faire un Rapport exact de l'Affaire, et de fes Circonftances, a leurs Cours refpectives, qui termineront a l'amiable ces Differends. Article I 297 ] Article VIII. La prefente Convention fera ratified et confirmee dans l'Efpace deSix Semaines, a compter du Jour de fa Signature, ou plut6t, fi faire fe peut. En Foi de quoi, nous fous-fignds Plenipo- tentiaires de Leurs Majeftes Britanniques et Catholiques, avons Signe, en leurs Noms, et en Vertu de nos Pleinpouvoirs refpectifs, la prefente Convention, et y avons appofe les Cachets de nos Armes. Fait a San Lorenzo el Real, le Vingt-huit Octobre, Mil Sept Cent Quatre-vingt-dix. (L. S.) Allevne Fitz-Herbert. (L. S.) El Conde de Florida Blanca.' FROM the Account Mr. Fitz-Herbert gave of the Progrefs of this Negotiation, it appeared that, as by the concluding Paragraphs of our Declaration and Counter Declaration of the 24th of July, the Difcuffion of the Ex-' clufive Rights of Spain to the Districts def- cribed in the Duke of Leeds's Projet had been exprefsly rcferved, it was not reafonable to ex- pedt, that His Catholic Majefty Should fub- mit, without fuch a Difcuffion having been firft regularly held, to the unqualified Surrender of thofe Rights; and he therefore propofed j! P p «o to prefix to that Article the fallowing Words: I MalgrelesDroitsexciufifsauxquclsl'Efpagne " a pretendus, et eu e'gard aux Dcfirs mutuels " des deux Cours, de ne pas entrer dans de nou- *' velles Difcuffions, et d'etablir par tout entre " Elles la plus parfaite Amitie, il eft convenu | que )es Batimens et Districts de Terrein, " &c." Mr. Fitz-Herbert of courfe declined admitting that or any other Addition to the Article itfelf; but, in order to folve Count . Florida Blanca's Difficulty, he determined, to propofe to him, in Virtue of the Authority for that Purpofe, which appeared to him to be contained in the Third Paragraph of the Duke's Difpatch, * that they Should infert in the Preamble * In framing thefe Article', the firft Objedt which has been kept in View is that of bringing to a clear and final Settlement all the Points which are involved in the late Difcuffions, in order to preclude, as far as poffible, all fimilar Occafions of Jealoufy and Mifundcrftanding in future. In doing this, His Majefty wifhes only to fecure for his Subjects thofe Rights which are both ftriclly conformable to Juftice, and are at the fame Time, of real Importance to the Honour of His Crown, or to the Navigation and Commerce of His Subjects. He has endeavoured, a» far as poffible, to waive any Rctrofpeilive Difcuffion of Claims of Right, the exprefs Renunciation of which might be felt as unneceffarily mortifying to the Court of Spain. It has, therefore, been thought right, that the Points in Queftion fhould be clearly faded , and defined as Matter of pofitive Stipulation for the future. t \ X ^'99 f . Preamble to the Intended Convention, the Words, ** Elles ont trouve, &c." to which Propofal, after fome Difficulty, the Count finally acceded. The concluding Period of the Preamble was nearly copied from Count Florida Blanca's own Exprefiions, the Principle of it being conformable to His Majefty's Views. In confequence of this Addition to the Preamble, Count Florida Blanca agreed to frame the Firft Article of the Convention in exact Conformity to the Duke's feveral Projets. The Second Article was likewife literally the fame with that propofed by his Grace, excepting only, that it does not contain the Word other, as applied to the Acts of Violence that might have been committed by the Subjects of Either of the Contracting Parties fince the Month of April 1789. Upon this Plead . Count Florida Blanca obferved, that, as His Catholic Majefty had already given what the King had confidered as full Satisfaction for Monf. Martinez's unjuftifiabie Proceedings, the frefh Reference to thefe Proceedings, implied by this Expreffion, was not only un- neceffary, but might be confidered as fome- what invidious ; and this Obfervation appeared to Mr. Fitz-Herbert to be of fufficient Weight Pp 2 to f 300 ] to juftify the expunging the Word in Queftion. With regard to this Article, Monf. de Florida Blanca had propofed the restricting the Reparation, which is Stipulated by it in general Terms for all Offences whatfoever, to Offences committed " on the faid Continent " and the adjacent islands;" but (from obvious Confiderations) Mr. Fitz-Herbert positively declined admitting any fuch Limitation. The important Stipulations contained in the Third Article agree entirely with His Majefty's Inftructions, and the Fourth Article is likewife drawn up in Conformity to the Duke of Leeds's Projet, excepting only in the Addition of the Words " dans les dites " Mers;" which Addition was propofed by Count Florida Blanca, and Mr. Fitz-Herbert agreed to it the more readily, as he conceived that it might be of Ufe, in cafe of any Difputes refpedting the Limits of our Turtle Fishery on the Coaft of Yutacan. With regard to this Article, Count Florida Blanca preffed very earnestly for the Extending the Diftance from the Spanifh Coafts, within which His Majefty's Subjedts are to be permitted to fifli, from Ten Leagues to Fifteen, pleading in Behalf of this Alteration the Article of the Treaty [ 30i ] Treaty of Paris, which limits to this laft mentioned Distance the Fishery carried on by the Subjedts of France on the Coafts of the Jfland of Cape Breton. With Regard to the Fifth and Sixth Articles, Count Florida Blanca, from the Outfet of this Bufinefs, made it an indifpenfibie Condition to His Catholic Majefty's Recognition of our , Right of Landing and forming Establishments in ( Unoccupied Places of the Coaft of America, as Stated by the Third Article, that it Should be qualified not only by the Engagement propofed by His Majefty, that the Subjects cf neither Party Should form any permanent Settlements in South America, but by fuch Stipulations as Should fecure to Spain her exclufive Intercourfe with her Poffeffions to the Northward. And he at the fame Time (on his former Ground of Want, of fufficient Information) no lefs positively declined to fix any precife Line as the Boundary to the SpaniSh Poffeffions either to the North or the South. The Language of the Spanifh Minister on both the Points in Queftion was fo firm and decifive, as to make it evident, beyond a Doubt, that the Alternative-of-Peace or War refted on the finding or not finding a Solution of this Difficulty. f 3P2 I Difficulty. Under thefe Circumftances, having confidered, that the whole Tenor of the Duke of Leeds's Correfpondence upon this Subject plainly indicated, that His Majefty's Object in this Negotiation had been, throughout, no other, than the procuring from the Court of Spain an Acknowledgement of the Rights of His Subjects to exercife their Navigation and Fisheries, as well as to land and form Establishments on all unoccupied Coafts of the American Continent and Iflands; and that it was moreover exprefsly Slated, that " the *' Queftion of Occupation, if ever it Should " come into Difcuffion, might fafely be left " open to be decided, in all Inftances, as it " evidently muft in fome, on the general " Principles of the Law of Nations," Mr. Fitz-Herbert conceived himfelf to be fully warranted, not only by the Letter, but by the Spirit of his Inftructions, to extend this general Principle to the Articles in Queftion ; and, after many Debates, (in the Courfe of . which the Negotiation was frequently on the Point of being broken off) Count Florida Blanca at length confented to admit them in their prefent Shape. The Alterations for . which he chiefly pleaded in the latter Conference f 3*3 T rences were the inferting in the Fifth Article, after the Words " exerceront leur Commerce" the Words " avec les Naturels du Pays," &c. In the Sixth Article, inftead of the Words ** au Sud des Parties de ces m£mes C6tes, &c." the Words " au Sud des dernieres Parties, de " ces memes Cotes, &c." In another Difpatch of the 24th of Odtober, Mr. Fitz-Herbert informed the Duke of Leeds that, though he took Care to convey to Count Florida Blanc-- with the utmoft Delicacy, and Menagement the Intimation that, in cafe a Satisfactory Anfwer to His Majesty's Propofals fhould not be returned within Ten Days, the Negotiation muft entirely ceafe; this Circumstance naturally occasioned a very high Degree of Pique and Ill-Humour at the Spanifh Court; that, however, there was, at the fame Time, the greateft Reafon to fuppofe, that it was materially instrumental in effectuating the prefent Arrangement. In fact, Mr. Fitz- Herbert faid, after repeated Councils having been held on this Subject, not only by His Catholic Majefty's immediate Ministers, but by an Extraordinary Junto, compofed of a Number of leading Members of the Principal Departments t *°4 Ji Departments of the Government, the State of Indecifion was fuch that, on the Evening of the 23d, when, after a Conference with Count Florida Blanca, he qtritted him to attend His Catholic Majefty, that Minister profcffed to be, and moft probably was, uncertain whether the Determination, that he was to communicate to Mr. Fitz-Herbert next Morning, would be for Peace or War. It appeared that Count Florida Blanca, to whom the Adoption of the former Alternative is chiefly to be attributed, took upon himfelf thereby a very great Share of Perfonal Refponfibility, as it is certain that the abovementioned Extraordinary Junto were almoft unanimous in preferring an immediate Rupture, to a Compliance with the prefent Terms of Accommodation. Mr. Fitz-Herbert preffed Count Florida Blanca very earnestly, on his communicating to him, on the Morning of the 24th, the Determination of His Catholic Majefty, to fign the Convention immediately; offering, for that Purpofe, to defer to a future Day the mutual Communication of their Full Powers; but he faid, that he could not confent to this, con- fiftently with what he owed to his own Character, as well as to the King his Mafter, fince his C 3°5 I his Enemies would not fail to accufe him of having availed himfelf of the Opportunity of the King's Vifit to St. Udephonfo, whither He was not attended by any of the Ministers except himfelf and M. de Campo de Alange, to lead Him, as it were by Stealth, into a Meafure contrary to His Interefts; and he added, that he was alfo under the Neceffity of tranf- mitting to the aforefaid Junto, previous to the adtual Signature of the Convention, a Memorial he was then preparing, and by which he hoped to juftify his taking that Step in Opposition to their Opinion : That he therefore hoped Mr. Fitz-Herbert would content himfelf with His Catholic Majefty's Word, which he pledged to him in the moft folemn Manner, that the Convention to be concluded Should be drawn, verbatim et literatim, agreeably to the Paper above ltatcd ; adding, that he would fend by the Englifh Meffenger an Instruction to the Marquis del Campo, authorising him to repeat to the Duke of Leeds, if neceffary^ the fame Affurances in the Name of the King his Mafter. The actual Signature of the Convention was therefore deferred, as has already Q^q been [ 3°°" T ,*..,- been' mentioned, 'till His Catholic. Majefty returned to the Efcurial. This very important Information was received at Whitehall on the Morning of the 4th of November. On the 7th, another Meffenger arrived with the Convention, which had been figned at the Efcurial, by Mr. Fitz- Herbert and Count Florida Blanca, on the 28th of October. His Majefty's Ratification of this Instrument was, on the 9th of November, forwarded to the Court of Spain; and, on the 4th of December, the Bufinefs, which lb long had excited the anxious Attention not only of this Country bufof all Europe, was happily concluded, by the Receipt of the Catholic King's Ratification of the Convention, which had been exchanged by Mr. Fitz- Herbert againft that of His Majefty, on the „zd of the preceding Month, at the Palace of the Efcurial, SUCH was the Progrefs, and fuch the Termination of this momentous Negotiation; by which, without Bloodshed, and by an Expenditure trifling, in comparifon of the Objedt jn View, inconfiderable indeed, when compared [ 3°7 ] pared to the Benefits refulting from it, the moft effential Advantages were obtained for this Country; Advantages, probably much greater than could have been procured by tho . moft fuccefsful War.
Other copies : http://www.worldcat.org/oclc/1205128736
Books
English
Vancouver : University of British Columbia Library
[London] : [publisher not identified]
Images provided for research and reference use only. For permission to publish, copy, or otherwise distribute these images please contact digital.initiatives@ubc.ca.
Original Format: University of British Columbia. Library. Rare Books and Special Collections. F5818 .B8
Great Britain--Foreign relations--Spain
Spain--Foreign relations--Great Britain
Great Britain
Spain
A narrative of the negotiations occasioned by the dispute between England and Spain in the year 1790
Text