She likewife was detained, and fent to Port St. Blas, where the pilot of the Argonaut made away with himfelf.

The viceroy, on being informed of thefe particulars, gave orders that the captain and the veffels fhould be released, and that they should have leave to refit, without declaring them a lawful-prize; and this he did, on account of the ignorance of the proprictors, and the friendship which fubfited between the two courts of London and Madrid.

He also gave them leave to return to Macao with their cargo, after capitulating with them in the fame manner as with the Portuguefe captain, and leaving the affair to be finally determined by the count de Revillagigedo, his fucceffor, who alfo gave them their liberty.

As foon as the court of Madrid had received an account of the detention of the firit English vefel at Nootka Sound, and before that of the fecond arrived, it ordered its ambaffador at London to make a report thereof to the English minifter, which he did, on the 10th of February laft, and to require that the parties who had planned thefe expeditions foul be punished, in order to deter others from making fettlements on territories occupied and frequented by the Spaniards for a number of years.

In the ambaffador's memorial, mention was only made of the Spanith admiral that commanded the prefent armament, having vifited Nootka Sound in 1774, though that harbour had been frequently vifited both before and fince, with the ufual forms of taking poffeffion. Thefe forms were repeated more particularly in the years 1755 and 1779, all along the coafts as far as Prince William's Sound, and it was thefe

acts that gave occafion to the memorial made by the court of Ruffia, as has been already noticed.

The Spanish ambassador at London did not reprefent in this memorial at that time, that the right of Spain to thefe coafts was conformable to ancient boundaries, which had been guaranteed by England at the treaty of Utrecht, in the reign of Charles II. deeming it to be unneceffary; as orders had been given, and veffels had actually been feized on those coafts, so far back as 1692.

The answer that the English ministry gave, on the 26th of February, was, that they had not as yet been informed of the facts ftated by the ambaffador, and that the act of violence, mentioned in his memorial, neceffarily fufpended any difcuffion of the claims therein, till an adequate atonement had been made for a proceeding fo injurious to Great Britain.

In addition to this haughty language of the British minifter, he farther added, that the fhip muft in the first place be restored; and that with respect to any future ftipulations, it would be neceffary to wait for a more full detail of all the circumstances of this affair.

The harsh and laconic ftile in which this answer was given, made the court of Madrid fufpect that the king of Great Britain's minifters were forming other plans; and they were the more induced to think fo, as there were reports that they were going to fit out two fleets, one for the Mediterranean and the other for the Baltic. This of course obliged Spain to increase the small fquadron fhe was getting ready to exercife her marine.

The court of Spain then ordered her ambafador at London to prefent

a memorial

a memorial to the British ministry, feting forth, that though the crown of Spain had an indubitable right to the continent, islands, harbours, and coafts of that part of the world, founded on treaties and immemorial poffeffion, yet as the viceroy of Mexico had releafed the veffels that were detained, the king looked upon the affair as concluded, without entering into any difputes or difcuffions on the undoubted rights of Spain; and, defiring to give a proof of his friendship for Great Britain, he fhould rest fatisfied if the ordered that her fubjects, in future, refpected thofe rights.

As if Spain, in this anfwer, had laid claim to the empire of that ocean, though the only spoke of what belonged to her by treaties, and as if it had been fo grievous an offence to terminate this affair by reftitution of the only veflel which was then known to have been taken, it excited fuch clamour and agitation in the parliament of England, that the moit vigorous preparations for war have been commenced; and thofe powers difinclined to peace charge Spain with defigns contrary to her known principles of honour and probity, as well as to the tranquillity of Europe, which the Spanith monarch and his minifters have always had in view.

While England was employed in making the greatest armaments and preparations, that court made anwer to the Spanish ambaffador (upon the 5th of May) that the acts of violence committed against the British flag" rendered it neceflary for the fovereign to charge his minifler at Madrid, to renew the remonfrances (being the anfwer of England already mentioned) and to require that fatisfaction, which his

majesty thought he had an indisputable right to demand."

To this was added a declaration not to enter formally into the matter until a fatisfactory aniwer was obtained; " and at the fame time the memorial of Spain fhould not include in it the question of right;" which formed a most effential part of the difcuffion.

The British adminiftration offer, in the fame answer, to take the most effectual and pacific meatures, that the English fubjects shall not act "againit the juft and acknowledged ights of Spain, but that they cannot at prefent accede to the pretenfions of abfolute fovereignty, commerce and navigation, which appeared to be the principal object of the memorials of the ambanacor; and that the king of England confiders it as a duty incumbent upon him to protect his fubjects in the enjoyment of the right of continuing their fithery in the Pacific Ocean."

If this pretenfion is found to trefpafs upon the ancient boundaries laid down in the reign of king Charles II. and guaranteed by England in the treaty of Utrecht, as Spain believes, it appears that that court will have good reafon for difputing and oppofing this claim; and it is to be hoped that the equity of the British administration will fufpend and reftrict it accordingly.

In confequence of the foregoing anfwer, the charge d'affaires from the court of London at Madrid inffed, in a memorial of the 16th of May, on reftitution of the veffel detained at Nootka, and the property therein contained; of an indemnification for the lofes fustained, and on a reparation proportioned to the injury done to the English fubjects reading under the British flag, and that they

have an indisputable right to the enjoyment of a free and uninterrupted navigation, commerce, and filliery; and to the poffeffion of fuch establishments as they should form with the confent of the natives of the country, not previously occupied by any of the European nations.

An explicit and prompt anfwer was defired upon this head, in fuch terms as might tend to calm the anxieties, and to maintain the friendfhip fubfifting between the two

courts.

The charge d'affaires having obferved, that a fufpenfion of the Spanish armaments would contribute to tranquillity, upon the terms to be communicated by the British administration, an answer was made by the Spanish administration, that the king was fincerely inclined to difarm upon the principles of reciprocity, and proportioned to the circumftances of the two courts; adding, that the court of Spain was actuated by the most pacific intentions, and a defire to give every fatisfaction and indemnification, if juftice was not on their fide, provided England did as much if he was found to be in the wrong.

This answer muft convince all the courts of Europe that the conduct of the king and his adminiftration is confonant to the invariable principles of juftice, truth, and peace. EL CONDE DE FLORIDA BLANCA.

Mr. Fitzherbert's Anfwer to the foregoing Memorial.

Sir,

N compliance with your excel

the converfation we had the day bcfore yefterday.

The fubitance of thefe obfervations are briefly thefe:

The court of London is animated with the most fincere defire of terminating the difference that at prefent fubfifts between it and the court of Madrid, relative to the port of Nootka, and the adjacent latitudes, by a friendly negociation; but as it is evident, upon the cleareft principies of juflice and reafon, that an equal negociation cannot be opened, till matters are put in their original ftate, and as certain acts have been committed in the latitudes in queftion by veffels belonging to the royal marine of Spain, against feveral British veffels, without any reprifals having been made, of any fort, on the part of Britain, that power is perfectly in the right to infift, as a preliminary condition, upon a prompt and fuitable reparation for thefe acts of violence; and in confequence of this principle, the practice of nations has limited fuch right of reparation to three articles, viz. the reftitution of the veftels—a full indemnification for the loffes sustained by the parties injured-and finally, fatisfaction to the fovereign for the infult offered to his flag. So that it is evident that the actual demands of my court, far from containing any thing to prejudice the rights or the dignity of his catholic majefty, amount to no more in fact than what is conftantly done by Great Britain herfelf, as well as every other maritime power, in fimilar circumftances. Finally, as to the nature of the fatisfaction which the court of London exacts on this oc

nour to communicate to you, in writing, what I obferved to you in

lency appears to defire fome expla nation, I am authorifed, Sir, to af

fure

fure you, that if his Catholic ma

in his name, bearing in fubftance, that he had determined to offer to

June 18.

OU will pardon me, fir, that

able fatisfaction for the infult offered to his flag-fuch offer, joined to a promife of making restitution of the veffels captured, and to indemnify the proprietors, under the conditions fpecified in the official letter of Mr. Merry on the 16th of May, will be regarded by his Britannic majefty as conftituting in itself the fatisfaction demanded: and his faid majefty will accept of it as fuch by a counter-declaration on his part. I have to add, that as it appears uncertain if the veffels the North Weft, an American veffel, and the Iphigenia, had truly a right to enjoy the protection of the British flag, the king will with pleafure confent that an examination of this question, as well as that relative to the juft amount of the loffes fuftained by his fubjects, may be left to the determination of commiflioners to be named by the two courts.

Having thus recapitulated to your excellency the heads of what I obferved to you in converfation, I flatter myfelf you will weigh the whole in your mind, with that spirit of equity and moderation which characterises you, that I may be in a condition of fending to my court, as foon as poffible, a fatisfactory anfwer as to the point contained in the official paper fent to Mr. Merry on the 4th of the month, and which, for the reafons I have mentioned, cannot be regarded by his Britannic majetty as fulfilling his just expec

tations.

I have the honour to be, &c. ALLEYNE FITZHERBERT.

principles laid down in your lat letter; as Spain maintains, on the moft folid grounds, that the detention of the veffels was made in a port, upon a coaft, or in a bay of Spanish America, the commerce and navigation of which belonged exclufively to Spain, by treaties with all nations, even England herself.

The principles laid down cannot be adapted to the cafe. The veflels detained attempted to make an establishment at a port where they found a nation actually fettled, the Spanish commander at Nootka having, previcus to their detention, made the molt amicable reprefentations to the aggreffors to defift from their purpoie.

Your excellency will alfo permitt me to lay before you, that it is not at all certain that the veflels detained navigated under the British flag, although they were English veffels; there having been reason to believe that they navigated under the protection of Portuguese paffports, furnifhed them by the governor of Macao as commercial vefiels, and not belonging to the royal marine. Your excellency will add to these reafons, that by the reftitution of thefe veffels, their furniture and cargoes, or their value, in confequence of the refolution adopted by the viceroy.of Mexico, which has been approved of by the king, for the fake of peace, every thing is placed in its original state, the object your excellency aims at-nothing remaining unfettled but the indemnification of lofles, and fatisfaction for the