BRITISH COLUMBIA 155 fishery, and commerce of the Pacific, before without restriction, were subject to the limitations of the treaty. The fact that Spain had always denied any such rights was not in their opinion material. Hence her partial waiver was no adequate return for the restrictions now placed on British subjects. In Spain the treaty was distasteful to the national pride and was regarded as a breaking away from time- honoured views. The enemies of Floridablanca would not be satis- fied with his explanations, nor with his suggestion that it was only a temporary expedient owing to the inadvisability of resorting to the arbitrament of the sword in the present unhappy condition of Spain. So insistent were they that in February, 1792, Floridablanca was dis- missed from ofBce after fifteen years of faithful service. His fall was attributed to the Nootka Sound Convention. To the world at large this treaty was the first external evidence of the ebb of the tide — the beginning of the collapse of the Spanish colonial system. It was the first express renunciation of Spain's ancient claim to exclusive sovereignty, navigation, commerce, and fisheries on the Pacific Coast of America. The treaty itself does not deal with sovereignty at all. Beyond the engagement to restore the buildings and land and to indemnify Meares for his losses, it deals only with navigation, fishery, and com- merce in the Pacific and the forming of settlements on its shores. The satisfaction given by Spain in July, 1790, is the abandonment of her claim to sovereignty in this latitude, for it was an admission that Martinez was in the wrong in seizing the vessels, which he would not have been, had the territory been subject to Spain. But neither the treaty nor the declaration ever transferred or attempted to trans- fer the abandoned Spanish sovereignty. In the result the settlement of the Nootka difficulty left this Northwest coast (at least so far as related to the undefined territory beyond the line which international law would allow Spain to claim as hers under the doctrine of pro- pinquity) a land without sovereignty in any European state, a sort of no-man's-land to which title could be acquired by entering into possessif)n and exercising dominion over it. This position is im- portant to be borne in mind because of its connection with the Oregon Dispute nearly sixty years later. The provision for the restoration of the land and buildings at Nootka falls properly into the consideration of the work of Capt. 156 BRITISH COLUMBIA George Vancouver on this coast and will be dealt with in a subse- quent chapter. The compensation which Spain had agreed to make was referred to commissioners to adjust, and after the usual delays a convention was signed by Don Manuel de las Heras on behalf of Spain, and Mr. Ralph Woodford on behalf of Great Britain, at London on February 12, 1793, whereby Spain agreed to pay to the interested parties "two hundred and ten thousand hard dollars in specie" in full of all damages. Meares in his Memorial had with his usual exag- geration claimed $153,433 as actual losses and $500,000 as probable losses.^'' To reach these figures he had, for instance, valued all sea- otter skins at $100 apiece, though as Dixon in his Remarks pointed out the average price of all such skins obtained on this coast since the time of Captain Hanna (1785) was but $29 1/6;'" Meares further estimated that the Iphigenia, North West America, and Prin- cess Royal would have collected a thousand skins each and the Argo- naut two thousand skins, even though in the preceding year the combined result of the work of the Felice and the Iphigenia had been but seven hundred and fifty skins, which had been sold at an average, as he (Meares) claimed, of $50 each.-^'* In this connection it must not be overlooked that the Iphigenia had only been under seizure for about a fortnight and Meares had in hand her returns; this, however, did not prevent him from claiming them over again. It may therefore be safely concluded that the amount paid by Spain was a verv liberal allowance and far exceeded any actual losses. '* Meares' Memorial, .^pp. 14. ^'Dixon's Remarks on Meares' Voyage, pp. 11, 12. ^* Answer to Dixon, pp. 22, 23. CAPTAIN GEORGE VANCOUVER, R. N.
The Nootka Sound Controversy
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Chapter 7 – 7
Tuesday, December 14th, 2010Chapter 7 -6
Tuesday, December 14th, 2010152 BRITISH COLUMBIA While warlike preparations were proceeding and both countries were seeking support for the expected struggle the diplomats con- tinued their exertions. The British sent Alleyne Fitzherbert as Am- bassador to Madrid, as it was found unsatisfactory to carry on the negotiations in London. It would serve no useful purpose to deal closely with the correspondence that ensued. For a time each nation stood its ground, for in this contest they represented two antagonistic conceptions. It was far indeed from being merely a fight for the "cat-skins of Nootka" as the anonymous author of the Letters on the Errors of the British Minister in the negotiation with the Court of Spain calls it.^* The Spaniard clung to the antiquated notion that because his subjects had been the first of Europeans to see the Pacific Ocean all lands washed by its waters were the possessions of Spain. This natural title, to his mind unassailable, became indefeasible by the gift of Pope Alexander VI, whose Bull of May, 1493, had con- firmed to Spain all lands discovered or thereafter to be discovered by the Spaniards in the Western Ocean. The Briton, since the days of the Tudors, had acted upon the principle that mere discovery is only an inchoate title and that lands not controlled by anv civilized nation become the territorial possession of the people first occupying and developing them.-" As for the Papal Bull, the reply of Queen Elizabeth, two hundred years before, crystallized the sentiments of the nation: "That she could not persuade herself that they possessed any just title by the Bishop of Rome's donation, in whom she acknowledged no prerogative in such cases, so as to lay any tie upon princes who owed him no obedience.'"' Matters gradually assumed a less belligerent tone. How far the peace terminating the war between Sweden and Russia, leaving the latter power free to prosecute her attacks on Britain's old ally, Turkey, and how far the existing internal difficulties in The Nether- lands may have aided in this pacific movement it is not necessary to enquire. Britain now submitted a memorial in which, after de- claring that a peaceful settlement was desired, it was stated that no negotiation to that end could be undertaken until the vessels were restored, Meares indemnified, and satisfaction given for the insult to the British flag.^' -5 Op. cit., p. 31. -8 Manning's Nootka Sound, pp. 377, 378. 30 Speech of Senator Colquitt, February 17, 1846, p. 7. 81 Fitzherbert to Floridabl.inca, June 13, 1790; Annual Register, xxxii, p. 298. BRITISH COLUMBIA 153 From June 13th, wlicn this document was submitted, until July 24th, the diplomats discussed the questions. Fitzherbert's instruc- tions said that in the opinion of the Foreign Office the satisfaction when given would necessarily imply that Spain was "not in posses- sion of an actual, known, and acknowledged Sovereignty and Do- minion at Nootka" which could justify her action, and that therefore no discussion upon this point could take place after the satisfaction; then in lengthy and verbose phrase the Foreign Office went on to say that neither could any discussion take place before the satisfaction which could convince Britain of Spain's sovereignty at Nootka/'" Thus it appears that Pitt, acting in this somewhat unreasonable man- ner, was determined that the abandonment of the Spanish claim of sovereignty must be the price of peace. With these instructions was enclosed a draft of declaration and counter-declaration almost iden- tical with those which passed between Fitzherbert and Floridablanca on July 24th. By the declaration, as signed, Spain acknowledged her willingness to give satisfaction for the injury complained of — the capture of Meares's vessels — to make full restitution and to in- demnify the interested parties for the losses sustained thereby. I'hus it appears that the "satisfaction" about which so much had been said, which had been so strenuously claimed on the one side and refused on the other, was simply an apology. This declaration was accepted by counter-declaration on the same day and the dark war clouds began to break. During all this time the "Spanish Armament" lay at Spithcad. ready to stand out into the Atlantic upon the shortest notice; Admiral Cornish with eight ships of the line had already set sail and, favoured by an easterly wind, was clear of the Channel. The Dutch fleet of ten sail of the line under Admiral Kinsbergen was also at sea ready to cooperate. A detachment of the Guards to the number of two thousand men were under orders to march to Portsmouth and every preparation had been made to facilitate their prompt embarkation.''^ When it was learned that Admiral Cornish had sailed, the Spanish fleet at Cadiz was ordered to sea, and for a time these two fleets were hovering near Cape Finisterre dangerously near each other. Two Spanish ships of war carrying one thousand soldiers were sent to Porto '-July 5, 1790, Leeds to Fitzlierhert, British Museum MSS., 34432, pp. 32-36. *' Events 1780 to 1790, p. 174. 154 BRITISH COLUMBIA Rico, where it was apprehended an early attack would be made. By July 20th, Spain had thirty-four ships of the line and sixteen smaller craft at sea. Early in September Fitzherbert presented to Floridablanca the first projet of a treaty.^* And again the arguments and counter-argu- ments, the proposals and counter-proposals, the disputes over words and phrases, continued for more than a month. The action of the NationalAssembly of France in reply to the demand for aid in sug- gesting a re-casting of the Family Compact, showed to the world that while Britain could rely on her allies, Spain stood alone. The people of England began to complain of the inordinate length of the negotiations and the consequent period of uncertainty. The firmness with which Britain had entered upon the matter foreshadowed immediate satisfaction or war; but, now, nearly eight months had elapsed, immense expense had been incurred, yet nothing tangible had been obtained. These two forces caused the Ministry to be in- sistent that the treaty which had been altered and resubmitted on October 15th should be arranged within ten days.^^ The Junta, whose advice was taken, were of opinion that the fortunes of war should be tried, declaring that its terms were so drastic that nothing further could be demanded at the end of an unsuccessful war. Florida- blanca, however, continued the discussion and succeeded in obtain- ing small concessions here and there. The treaty with these changes was presented to Floridablanca on October 23rd. When that day's conference closed, the Spanish Minister declared that he was still in doubt whether the reply he should give the next morning would be for peace or for war. King Carlos IV, however, was satisfied and, on October 28, 1790, was signed the Nootka Sound Convention. So important is this document in our history, and so much has it been misunderstood that it is presented in full in the appendix to this work. Like most compromises this treaty was strongly approved and strongly condemned in England and in Spain. In the former coun- try the opposition led by Fox declared that it had cut down the national rights, claiming that theretofore Britain had had the right to settle in any part of America not fortified against her bv previous occupancy, but now that right was limited; so too the navigation. ^* Narrative, p. i68. ''Narrative, pp. 257-285.
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Tuesday, December 14th, 2010148 BRITISH COLUMBIA coast of America drew from the Marquis of Leeds a reply that, "as yet no precise information has been received relative to the events mentioned in your excellency's letter, but while awaiting such 1 have His Majesty's orders to inform your excellency that the act of violence spoken of in your letter as having been committed by M. Martinez in seizing a British vessel under the circumstances reported makes it necessary henceforth to suspend all discussions of the pretensions set forth in that letter until a just and adequate satisfacion shall have been made for a proceeding so injurious to Great Britain. In the first place it is indispensable that the vessel in question shall be restored. To determine the details of the ultimate satisfaction which may be found necessary more ample information must be awaited concerning all the circumstances of the affair." '® This brusque reply came as a shock to the Spanish diplomats. It is interesting to note that at this very time Colonel Ferdinand Miranda, the South American agitator, was in England and in close touch with Pitt, before whom he had just laid his grand scheme for the new empire in South America, embracing all that continent except Brazil and Guiana. In the event of war the opportunity would be afforded to shear Spain of her possessions in the new world, their unprotected condition offering a fine mark for combination with the revolutionist element which is indigenous to those latitudes. Floridablanca, the Prime Minister of Spain, regarded the answer as an indication that Pitt was using the incident merely as an excuse to pick a quarrel. His subsequent conduct lends colour to the view that Pitt had at the inception determined to humble the power of Spain which under Carlos III and Carlos IV was regaining the important position she had occupied under Philip II. "Satisfaction previous to discussion" was his demand — a demand peculiarly dis- tasteful to the high-strung Spaniard. The advisers of the Spanish monarch hurriedly took stock of their martial equipment.'® They found forty-five ships of the line and thirty-two frigates ready for immediate commission, and in addition twenty-four of the former class and seven of the latter could be made available in a short time. Feverish preparations for war were commenced in Spain, though every effort was made to preserve a peaceable external appearance. 1' Arch. Hist. Nacional Madrid, See Estado, H2gi. "Id. BRITISH COLUMBIA 149 Late in March Spain sent a reply ignoring the demand for satis- faction as a condition precedent to the discussion of the question and stating that being convinced that nothing but ignorance of Spain's incontestable right to the exclusive sovereignty, navigation, and com- merce of the territory, coasts, and seas in question could have induced British subjects to resort thereto, the Viceroy had liberated the vessel and her crew, and that having instructed him to avoid even the least act which might give offense the incident was regarded as closed. The note expressed the hope that the British King would order his subjects- to respect Spanish rights and that it would not be necessary to enter into discussions regarding the indubitable rights of his Crown.^" Up to this point the controversy had proceeded on the assumption that only one ship had been captured. The Spanish authorities had reports showing the actual occurrences at Nootka, but either through carelessness or for some other reason neglected to make them known. In April, Meares arrived on the scene — Deus ex machina. Till this moment the British had only the information from the Spanish For- eign Office and the confused account that Merry had sent. Meares soon placed before the King his celebrated Memorial — a document more useful to stir the public mind to war with Spain than as a state- ment of facts. Exaggerated, contradictory, intentionally false, it exists to this day a complete proof of his mendacity. And behind it the motive, mean and sordid, to fill the pockets of himself and his co-adventurers with a large money payment wrested from Spain in the heat of blood. The plain truth has already been stated; it makes a strong case against the Spaniard. In any other time the exaggera- tions, the unwarranted inferences, the imputations of dishonesty, of duplicity, of insolence, and of deliberate cruelty with which it abounds would have carried their own condemnation. But the Ministry were excited ; the war spirit was rampant. The Memorial is dated April 30, 1790. On that very evening the Cabinet resolved to demand "an immediate and adequate satis- faction for the outrages committed by Monsieur de Martinez; and that it would be proper in order to support that demand and be prepared for such events as mav arise that Your Majesty should give orders for fitting out a squadron of ships of the line." '^'^ -" Arch. Hist. Narion.i! Madrid; Narrative o^ Negotiations between Kn^land and Spain, p. 20. -' Manning's Nootka Sound, p. 376. 150 ■ BRITISH COLUMBIA Until the beginning of May the greatest secrecy prevailed. No inkling of the trouble had escaped". The country consequently re- ceived a rude shock when on the morning of May 5th it was learned that a press of seamen had occurred the preceding night and that the nation was on the verge of war with Spain. The next day the King sent a message to Parliament that two British vessels and two others whose nationality had not been fully ascertained had been captured at Nootka by an officer commanding two Spanish ships of war, their cargoes seized and their officers and crews sent as prisoners to a Spanish port. The correspondence which had occurred was sum- marized and Parliament informed that no satisfaction had been olTered; that moreover "a direct claim is asserted by the Court of Spain to the exclusive rights of sovereignty, navigation, and com- merce in the territories, coasts, and seas in that part of the world." ** After stating that the Minister at Madrid was to renew the demand for satisfaction, His Majesty went on to say that learning that Spain was preparing for war he had taken similar steps and then appealed to the Commons for the necessary supply. Parliament unanimously supported the address in reply; and on June loth £1,000,000 was voted "to enable His Majesty to act as the exigency of affairs might require." '^ Preparations for war went vigorously forward. The introduction to Vancouver's Voyage tells of "the uncommon celerity and unparalleled dispatch which attended the equipment of the noblest fleet that Great Britain ever saw." ** This is known as "The Spanish Armament, 1790." The populace were greatly excited. War with Spain appealed strongly to the nation. Old scores and very recent ones would now be settled. The literature of the day is filled with pamphlets in which the high handed acts of Spain at Nootka and at the Falkland Islands t\venty years before are set forth with many additions calculated to inflame the public mind. A rare print showing the seizure of Captain Colnett is reproduced herewith. Its absolute historical inaccuracy is an index to the public knowledge of events at Nootka. The Triple Alliance was then in existence, and in accordance with its terms Great Britain called upon Holland and Prussia for assistance. The Dutch generously responded with ten sail of the ** Manning's Nootka Sound, p. 381. '' Parliamentan- Histon', xxviii, p. 784. 2* Vancouver's Voyage, Vol. i, p. 48; ed., 1801. BRITISH COLUMBIA m line. Prussia engaged to fulfil her obligations under the treaty if war should occur. The various colonies were notified of the strained relations with Spain and ordered to be prepared for defence. Four regiments of foot and two ships of war were ordered to the West Indies.^'* At the same time Spain was looking for support. The Family Compact of 1761 bound the Bourbon sovereigns to an alliance offen- sive and defensive and naturally Spain's chief reliance was therefore upon France. In response to the overtures of Spain, Louis XVI or- dered an armament of fourteen ships of the line. The States General, then under the control of the Tiers etat, when informed of this action entered into a lengthy theoretical discussion upon the question whether the right to make war and peace was in the King or in the people. In the end the King's action was approved as a precautionary measure but Floridablanca was informed by Montmorin, the French Minister of Foreign Affairs, that, while Spain could rely upon the King, the Assembly was a doubtful factor and in view of this condi- tion he suggested that peace should be maintained.^" On June i6th Spain made formal application to France for the assistance guaran- teed by the Family Compact, but Montmorin replied that the As- sembly having declared that the right to make peace and war was in the people, the King, Louis XVI, must submit the demand to that body. It was plain to Spain that no aid could be obtained in that quarter and a change took place in her diplomatic tone. A lengthy circular letter had, on June 4th, been sent by Spain to the different Courts of Europe recounting the origin of the dis- pute and the negotiations with Great Britain. The right of Spain to the sovereignty, navigation, and exclusive commerce of the conti- nent and islands of the South Sea was explained to be limited and to refer only to the continent, islands, and seas discovered by Spain and secured by treaties and uniformly acquiesced in by the nations of the world.-' The desire to maintain peace was expressed and it was sug- gested that the menacing tone of the British Government indicated that the subject was being used merely as a pretext to break with Spain. -•'> Manning's Noofka Sound, pp. 386, 387. -" Montmorin to Flciridahlanra, .^rch. Hist. National Madrid, See Estado 4038. -" Creenhnw Hist., -App. D.
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Tuesday, December 14th, 2010I - 73 '±. n = > 55 - H 5 y; c > BRITISH COLUMBIA 145 Martinez immediately sent the Argonaut and the Princess Royal to Mexico as prizes. His reason for seizing the latter, which he had less than a fortnight previously allowed to depart the port, was very weak. He says he feared that she would carry to Macao the news of the seizure of the others. But this is flimsily transparent, as he sent a large number of the captured sailors back, to China in the American vessel Columbia which left the sound about the end of July. Colnett complained bitterly of his treatment' on the voyage to Mexico; he was locked in his room each night at 8 o'clock and the door-was not opened till morning; when he desired a drink of water during the night his request was refused and he was compelled to endure his thirst until the morning. His men also were closely con- fined and kept in irons on the voyage.''' The Argonaut reached San Bias on August 15th and on the 27th the Princess Royal arrived with twelve English and two Portuguese prisoners. After their arrival they received more humane treatment, though still in confinement. On December 6th, Martinez returned to San Bias, having spent the interval in exploration of the coast and in learning more about its inhabitants. With the troubles of Colnett in Mexico we have no concern. The Argonaut remained in Mexican waters, employed in the service of the Government, but the Princess Royal, now known by the Spanish name Princcssa Real, sailed northward with the expedition from Mexico in 1790 under Elisa. in May, 1790, Revilla Gigedo, who had suc- ceeded Florez, ordered the Argonaut to be returned to the possession of Colnett and that the Princess Roxal be also re-delivered to him. The prisoners in Mexico were released. The remainder of the captured seamen had reached Macao long prior to this time. This action says tlie official Spanish document was "the result of pure generosity." Revilla Gigedo's order at first directed that Colnett was not again to enter any place on the Spanish-American coasts, either for the purpose of settlement or of trade with the natives, but later at Colnett's earnest solicitation this embargo was withdrawn and he was given permission to touch at places not under the control of Spain. Towards the beginning of winter, 1790, Colnett sailed from Mexico in the Argonaut.^* When he arrived at Nootka the Princess " Colnett's Voyage, pp. 98, 99. '* Colnett's Voyage, p. loi. Vol I— 10 146 BRITISH COLUMBIA Royal was not there, but he ultimately obtained possession of her at the Sandwich Islands. The North West America or Gertrudis, as the Spaniards had re-named her, after being used by them in trading and exploring passed over to the possession of the English about the same time. The details of the movements of these vessels will be dealt with in the consideration of the Spanish settlement at Nootka in 1790 and of the various exploring expeditions of 1789, 1790, 179 1, and 1792. It is necessary to turn now to the diplomatic action which these incidents brought forth. In the language of Professor Manning whose monograph on the Nootka Sound Controversy is a classic: "The whole episode to this point seems to have been a series of blunders and would not merit careful consideration had not the consequences been so serious for the home Governments." '^ No news of the stirring events of June reached England until January 4, 1790, when Anthony Merry, the British Charge d'affaires at Madrid, sent to the Foreign office a confused account based on the rumors then current in the Spanish capital. The gist of it was that a small Spanish man-of-war had captured in the port of Nootka an English ship which had come for the purpose of making a settlement and that the captured vessel had been manned with Spanish seamen and sent as a prize to Mexico." The very vagueness of the informa- tion allowed the Ministers, who, like the populace, were ever prone to hatred of the Spaniard, to fill in the details from imagination. Manifestly the incident lost nothing by drawing from this source. Nevertheless, no step was taken. The first official information from Spain was the following letter from the Marquis del Campo, dated February 10, 1790: "My Lord: Continuing the frequent expeditions which the King, my master, has ordered to be made to the northern coasts of California, the Viceroy of Mexico sent two ships, under the orders of Don Estevan Jose Martinez, ensign of the navy, to make a perma- nent settlement in the port of San Lorenzo, situated about the fiftieth degree of latitude, and named bv foreigners 'Nootka' or 'Nioka,' of which possession had formerly been taken. He arrived there the 24th of last June. In giving his account to the Viceroy, M. Mar- 15 Xootka Sound Controversy, p. 361. •' Narrarive of Negotiations between England and Spain, p. i. BRITISH COLUMBIA 147 tinez said that he found there an American frigate and sloop, which had sailed from Boston to make a tour of the world. He also found a packet-boat and another vessel belonging to a Portuguese estab- lished at Macao, whence they had sailed with a passport from the Governor of that port. He announced also that on the 2d of July there arrived another packet-boat from Macao. This was English and came to take possession of Nootka in the name of the British King. She carried a sloop in pieces on board. "This simple recital will have convinced your excellency of the necessity in which the Court of Madrid finds itself of asking His Britannic Majesty to punish such undertakings in a manner to restrain his subjects from continuing them on these lands which have been occupied and frequented by the Spaniards for so many years. I say this to your excellency as an established fact, and as a further argu- ment against those who attribute to Captain Cook the discovery of the said port of San Lorenzo. I add that the same Martinez in charge of the last expedition was there under commission in August of 1774. This was almost four years before the appearance of Cook. This same Martinez left in the hands of the Indians two silver spoons, some shells, and some other articles which Cook found. The Indians still keep them, and these facts, with the testimony of the Indians, served M. Martinez to convince the English captain. "The English prisoners have been liberated through the consid- eration which the King has for His Britannic Majesty, and which he has carefully enjoined upon his viceroys to govern their actions in unforeseen events. His Majesty flatters himself that the Court of St. James will certainly not fail to give the strictest orders to prevent such attempts in the future, and, in general, everything that could trouble the good harmony happily existing between the two crowns. Spain on her side engages to do the same with respect to her subjects. "I have the honour to be, etc., "The Marquis del Campo.'" "His Excellency M. the DuKE OF Leeds." The inaccuracies herein arc plainly apparent and need not be dwelt upon. The naive suggestion that Great Britain should punish her subjects for trading and making settlements on the Northwest " Manning's Nootka Sound Controversy, pp. 367, 368.
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Tuesday, December 14th, 2010BRITISH COLUMBIA ui and prosperity of his vassals, and for the interests of the mighty lords the Kings, his heirs and successors, in the future, as his commander of these ships, and by virtue of the orders and instructions which were given to me in his Royal Name, by the aforesaid His Excellency the Viceroy of New Spain, I take, and I have taken, I seize, and I have seized, possession of this soil, where 1 have at present disembarked which had been formerly discovered by us, in the year 1774 — and once more, on the present day- — for all time to come, in the said Royal Name, and in the name of the Royal Crown of Castille and Leon, as aforesaid — as if it was my own thing, which it is, and shall be and which really belongs to the King aforesaid, by reason of the donation and the bull 'Expedio Notu Proprio' of our Most Holy Father Alexander VI, Pontiff of Rome, by which he donated to the Most High and Catholic Monarchs Ferdinand V and Isabel his spouse, Kings of Castille and Leon, of illustrious memory, and to their suc- cessors and heirs — one-half the world — by deed made at Rome on the 4th of May in the year 1493 — by virtue of which these present lands belong to the said Royal Crown of Castille and Leon, and as such I take, and I have taken, possession of these lands aforesaid, and the adjoining districts, seas, rivers, ports, bays, gulfs, archipelagoes, and this Port of Santa Cruz, in the island named by Martinez — among the many which are enclosed in the Bay of San Lorenzo de Nuca — which bay is situated in latitude north 49° 33' and longitude 20° 18' — west of the meridian of San Bias where I am at present anchored with the said frigate and packet-boat of my command, and I place them, and they shall be placed under the dominion and power of the said Royal Crown of Castille and Leon, as aforesaid, and as if it was my own property, which it is." And as a sign of such possession he drew his sword which had hung by his side, and with it he counted the trees, the branches, and the lands; he disturbed the stones on the beach and in the helds without encountering any opposition, asking those pres- ent to be witnesses of these facts, and to me, Rafael de Canizares, who am the Notary appointed to this expedition by the Commander-in- Chief, he ordered mc to relate the facts in due form, as a public testimony thereof. Then taking a large cross on his shoulders, and the crews of both ships having been formed in marching column. armed with guns and other weapons, the procession marched out. the chaplains and friars chanting the Litany of "Rogation" — the whole troop responding — and the procession having halted, the commander 142 BRITISH COLUMBIA planted the cross in the ground, and made a heap of stones at the foot thereof — as a sign and in memory of the taking of possession in the name of His Majesty Carlos III King of all Spain (whom God keep) — of all these lands and neighbouring districts discovered, con- tinuous, and contiguous — and gave the name of Santa Cruz to this port, as has been said. And when the cross was planted, they wor- shipped it once more, and all prayed, asking in supplication from our Lord Jesus Christ, that He should accept their offering, because everything had been done for the glory and honour of His Holy Name, and in order to exalt and enrich our holy catholic faith — and to introduce the word of the Holy Gospel among these savage nations, which until the present time had been kept in ignorance of the true knowledge and doctrine — which will guard them and deliver them from the snares and perils of the Demon, and from the blindness in which they have lived — for the salvation of their souls — after which the chaplains and friars began chanting the hymn, "Vexilla Regis." Following this a solemn high mass was celebrated on an altar which the commander had caused to be erected, by the Rev. Chaplain of our frigate, Don Jose Lopez de Nava, assisted by the chaplain of the packet-boat, Don Jose Maria Diaz, and the four friars aforesaid — this being the first mass which was said in this land, in honour of our Lord God Almighty — and for the extirpation of the Devil and of all idolatry. The sermon was given by the Very Rev. Father President Severe Patero, Apostolic Missionary of the order of San Francis and of the Royal College of San Ferdinand of Propaganda of the Faith of the City of Mexico. This function being concluded the aforesaid commander, as a further sign and testimony of the taking of posses- sion, caused a tree to be cut, which he had made into a cross, into which he engraved the Holy Name of our Lord Jesus Christ, with four capital letters I. N. R. I. — and wrote at the foot of the cross: Carolus tertius. Rex Hispaniorum. In witness whereof these presents were signed by the commander and witnessed by the captain of the packet-boat Sfin Carlos. Don Gonzales Lopez de Haro; the first pilot of the Armada, Don Jose Tovar, the chaplains aforesaid, Don Jose Lopez de Nava. Don Jose Maria Diaz, and the four friars of the College of San Ferdinand. And I, the notars' appointed by the said commander, authenticate these presents as a true testimony of what took place — as it has been related herewith. BRITISH COLUMBIA !« Signed: Estevan Jose Martinez; Gonzales Lopez de Haro; Jose Tovar y Tamariz ; Br. Jose Alexandre Lopez de Nava ; Fray Lorenzo Lacies; Fray Jose Espi; Fray Francisco Miguel Sanchez. Before me, RAFAEL Canizares. This is a copy: Mexico, August 27, 1789. Antonio Bouillaz. The Princess Royal, which, as already shown, had passed into the control of Meares and his associates, reached Nootka on June 15th in command of Captain Hudson. Before entering the port, two launches, in which were Martinez, Kendrick, and Funter of the North West America, approached the vessel. Hudson enquired if they were armed. The reply was reassuring; they were, but only with a bottle of brandy. The visitors remained aboard all night and the next morning the Princess Royal was towed into harbour. A few days later Martinez sent an official note to enquire the reason of her being there, in what he was pleased to call a recognized Spanish port. Hudson replied that he wished to refit after his long voyage from Macao and that as soon as he had obtained wood and water he trusted to be permitted to depart in peace. Martinez not only did so, but granted him a circular letter to all Spanish vessels to allow him to pass on his way unmolested." Just as the Princess Royal passed out and sailed away on July 2nd, the fourth vessel, the Argonaut, arrived. Martinez, learning that a vessel was in the offing, and thinking the anxiously expected Aranzazu had at last appeared, went with the American officers to meet her in two launches. On going on board he presented a letter from Hudson which put Captain Colnett at his ease, and the Spanish launches towed the Argonaut into harbour. Captain Funter, who formed one of the party, informed Colnett of the occurrences and advised him to remain outside, but relying on the Spaniard's lionor he allowed his vessel to be taken in and anchored between the Spanish ships. '^ The Argonaut had on board the material for a sloop, the necessaries for building and equipping a trading post and some twen- tv-nine Chinese artisans as the nucleus of n future colonv which was " Manning's Nootka Sound, pp. 328, 329. •- Colnett's Voyage, pp. 96-99; Gray and Ingraham Letter, in Oreenhow, App. C. ; Arch. Gen. de Indies Seville, 90-3-18. 144 BRITISH COLUMBIA to surround his future trading post — Fort Pitt. Part of the scheme was to import from the Sandwich Islands wives for these persons. Meares in his Voyage says that these Chinese numbered sev^enty, but in the Spanish archives the list of them is preserved, showing only twenty-nine and giving their names as Jinfo, Allon (Ah Long) , Arton (Ah Tong) etc., etc. The next day Colnett prepared to depart as soon as certain sup- plies which the Spaniards had agreed to furnish were received. Martinez's conduct now became vacillating — sometimes he said the vessel might go and then again he changed his mind. In the end he asked for Colnett's papers, which the latter accordingly took on board the Princessa. Now a dispute arose, a trifling misunderstanding, apparently caused by both parties standing upon their dignity, and possibly inflamed by erroneous interpretation. Each commander seems to have lost his temper and after mutual recriminations, Mar- tinez ordered Colnett under arrest and his vessel under seizure. In his official report he claims that this action was necessary as otherwise Colnett would have built a trading post elsewhere, from which it would have been impossible to eject him except by force. The Spaniards at once took possession of the Argonaut; the Brit- ish flag was hauled down and the Spanish flag hoisted. Such of her stores and supplies as the Spaniards required they took; though there appears to have been an undertaking that these would be accounted for if the vessel were not condemned by the Viceroy. Of the fifty- eight persons brought by the Argonaut, some of the English were to be sent on her to San Bias, and the remainder, later, on the Aranzazu. On July 13th, as the Argonaut with her captives and her prize crew was ready to sail for San Bias, the Princess Royal returned to Nootka. After leaving the sound on July 2nd she had encountered a storm which drove her far to the southward and making her way back again, Hudson concluded, when opposite Nootka, to run in and ascertain if the Argonaut had arrived. Leaving the vessel in the offing he put off in the launch. When he boarded the Princessa he found himself a prisoner. On his refusal to order the Princess Royal to enter the trap at Nootka the Spaniards prepared to capture her by force, and. seeing resistance useless, he ordered his lieutenant to surrender the vessel, which was accordingly done. The Spaniards took possession and she was towed into the sound.
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Tuesday, December 14th, 2010138 BRITISH COLUMBIA August, 1788, ofif Nootka, states that she was under Portuguese colours, and claimed to have come from Lisbon, and Haswell also says that when the PVashington arrived in September, 1788, both the Felice and the Iphigenia were flying the Portuguese flag.^ Martinez enquired why the Iphigenia was in the sound, and Douglas claimed that he had put in in distress and was expecting supplies to arrive in a vessel from China. For a few days all went well, but in inspecting the Portuguese instructions, Martinez took, exception to a clause whereby the captain of the Iphigenia was instructed, if interfered with by English, Russian, or Spanish vessels to defend the ship and if superior to the attacking vessel to bring her to Macao as a pirate. The misunderstanding, which probably arose from an error in interpretation, led to the seizure of the Iphigenia, the hauling down of the Portuguese flag and the raising of the Span- ish. Part of the officers and crew were inprisoned on the Princessa and the remainder on the San Carlos, which had arrived in the mean- time.^ After an interval of twelve days the Iphigenia was restored to Captain Douglas, but under circumstances the truth of which it seems impossible to ascertain, as the accounts given by Douglas and Meares on the one hand and by Martinez and the American captains on the other are so divergent as to be impossible of reconciliation. It is clear, however, that the Iphigenia was supplied with stores, the quantity and quality of which are subjects of dispute. For these Douglas gave (willingly or by force) bills upon Cavalho, the pre- tended Portuguese owner. Martinez, who made almost every day a statement of the occurrences before the notary Canizares, gives therein as his reason for releasing the vessel that he had not sufficient men available to sail her to San Bias, hence he concluded to release her upon receiving a bond binding the owner to pay the fair value of ship and cargo if the Viceroy should declare her lawful prize. On May 31st, after a farewell dinner on the Princessa, at which all the officers in the sound were present, the Iphigenia, with a part- ing salute from the Spaniards, sailed ostensibly for Macao, but at midnight changed her course to the northward, Douglas having, as he says, "no idea of running for Macao with only between sixty and seventy sea-otter skins which I had on board." * On this cruise he ' Haswell's Log, September i6, 1788. * Manning's Nootka Sound, pp. 320, 321. * Appendix No. 12 to Meares' Memorial. i BRITISH COLUMBIA 139 obtained about seven hundred sea-otter skins. It would thus appear that the vessel was not such a wreck as Douglas and Meares represent, nor had she been looted to the extent stated by Meares in his memo- rial; she must also have had provisions and trading goods to a far greater quantity than Meares states, else such a trip had been in vain. Meares' almost proverbial mendacity no doubt accounts for these inconsistencies. His interest when his memorial was prepared was to stir with indignation the popular mind ever prone to hatred of the Spaniards and to represent their conduct as not only unwarranted but as grossly inhuman. The North West America returned on June 8th, ignorant of the events which had transpired during her six weeks' absence. Mar- tinez at once seized her on learning tliat she was owned by Cavalho. Being a smaller vessel and requiring only a small crew, he hoisted the Spanish flag upon her, re-named her the Gertrndis, after his wife, put aboard her a Spanish crew under David Coolidge of the IVash- ington, and sent her southward on a trading voyage, using, Meares claims, with some likelihood of truth, her supplies for that purpose. But this statement cannot be accepted at its face value, as the vessel had returned in order to obtain a supply of trading goods from the vessels which were daily expected, but had not yet arrived, from China. During this time the foundation of a settlement was being laid. A fort mounting ten guns was built on Hog Island and occupied by a garrison. A workshop, a bakery, and a sort of barracks or lodging house were erected. On June 24th formal possession was taken of the port of Nootka with all the pomp and ceremony the Spaniard loves so well. The formal document is a very high-sound- ing instrument, of which the following is a translation : '" In the Name of the Holy Trinity, Father, Son, and Holy Ghost, One True God in three Distinct Persons, who is the creative prin- ciple and creator of all things, without whom nothing good can be instituted, achieved, or preserved — and Whereas the principle of everything good must be in God — and therefore it behooves us to begin it in God — for the glory and honour of his most holy name. Therefore know all men to whom these presents and the present Chart of Possession shall come that: Today being Wednesday, the 'MSS. Arch. Gen. de Indies Seville, 90-3-18. 140 BRITISH COLUMBIA 24th day of June, 1789, on the arrival of the frigate named Nuestra Senora del Rosario (alias La Princessa) together with the packet- boat, San Carlos el Filipino, both belonging to His Most Mighty. Illustrious, and Catholic Majesty Carlos the Third, King of Castille. of Leon, of Aragon, of all the Sicilies, of Jerusalem, of Navarra, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Sevilla, of Sardinia, of Corsica, of Cordova, of Murcia Jaen, of the Algarves, of Algeciras, of Gibraltar, of the Canary Islands, of the Eastern Indies and Western Islands, and of the first land (foreshore?) in the Oceanic Sea, Archduke of Austria, Duke of Bologna, of Brabant and Milan, Count of Aspurg, Flanders, Tyrol, and Barcelona, Lord of Biscay and Nolina, the said frigate and packet-boat by command of His Excellency Don Manuel Antonio Florez Maldonado Mar- tinez de Angul y Bodguin, Knight of the Order of Calatrava, Com- mander of Nolino and Laguna Rota, Lieutenant General of the Royal Armada, Viceroy and Captain General of New Spain, President of the Royal Audiencia, and Sub-Delegate General of Corres in the said Kingdom, having sailed from the Port of San Bias on the South- ern Sea, in the Government of the Viceroy aforesaid, on the 17th day of February in the same year, for the purpose of discovery along the coast from Monterrey northwards, this expedition being under the command-in-chief of Don Estevan Jose Martinez, Ensign of Marine, in the Royal Armada; and said expedition being anchored in the port of Santa Cruz, one of the numerous harbours contained in the Bay of San Lorenzo de Nuca, with the aforesaid frigate of his command, and the said packet-boat of his following; said commander-in-chief having disembarked with the officers of both ships, with the troops, and a number of the sailors, together with the Father Chaplains Don Jose Lopez de Nava and Don Jose Maria Diaz and the four Mis- sionaries of the Order of San Francis of the Apostolic College of San Fernando de Mexico, Brother Severo Patero (President), Brother Lorenzo Lacies, Brother Jose Espi, and Brother Francisco Sanchez — the said commander drew out a cross, which he worshipped de- voutly on his knees, together with all those who accompanied him: Then the chaplains and friars sang "Te Deum Laudamus" — and the canticle having been concluded, the commander said in a loud voice: "In the name of His Majesty the King Don Carlos the III, Our Sovereign whom may God keep many years, with an increase of our Dominions and Kingdoms, for the service of God, and for the good
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Tuesday, December 14th, 2010CHAPTER VII THE NOOTKA SOUND CONTROVERSY In 1789 it was thought that Russian, Spanish, and British subjects intended to occupy Nootka Sound and erect trading posts there. Of these intentions, that which had the least substance in it, if indeed it had any at all, — the Russian — was the prime cause of the trouble which arose at Nootka in that year. Martinez and Haro, after their investigation of the Russian settlement in Alaska in 1788, had reported to the Viceroy of Mexico that Cusmich had informed them that he only awaited the arrival of four frigates from Siberia to form an establishment at Nootka. From the exaggerated statements made by this person on other matters, as, for instance, the number of existing Russian settlements and their inhabitants, and from the absence of any independent or corroborative evidence, it is, perhaps, justifiable to conclude that this was mere fiction. Much excited about this threat- ened trespass upon alleged Spanish territory, Martinez urged upon Florez, the Viceroy, the desirability, nay the necessity of immediately forestalling this move by planting a Spanish settlement at that place.' Though forbidden to incur such expense without special royal order, the urgency of the occasion forced action upon Florez, who imme- diately gave the necessary instructions. On February 17, 1789, Martinez, in command of the Princcssa and the San Carlos, with Haro as second in authority, sailed from San Bias. He carried minute detailed orders to govern his conduct in the event of his meeting British, Russian, or American vessels. If the former, Martinez was to treat them kindly and endeavour to convince them of Spain's prior right of occupancy, referring them particularly to Captain Cook's instructions not to touch at any port in the Spanish dominions on the west coast of America unless forced by unavoidable accident and, in that case, not to remain longer than 'Martinez to Florez, December 5, 1788; MSS. Arch. Gen. de Indies Seville, 90-3-18. 135 i:56 BRITISH COLUMBIA absolutely necessary, and reminding them that according to his own statement Captain Cook had purchased two silver spoons from the Indians at Nootka, which, being of Spanish workmanship, demon- strated the priority of Spanish discovery.- If Russian vessels were encountered, the intimate friendship then existing between Spain and Russia was to be put forward, the necessity of Spanish ports on the Mediterranean to the latter nation, then engaged in war with Turkey and Sweden was to be dwelt upon, and finally it was to be intimated that in any difficulty Spain would have the powerful sup- port of her French ally. If American vessels appeared at Nootka they were to be given to understand that Spain was extending her settle- ments along the coast to Prince Williams Sound. And to all of them Martinez was instructed to point out the active steps now being taken by sending land expeditions of troops, colonists, and missionaries. If, in the face of these special and general arguments, an attempt to form a settlement was persisted in, he was to repel force by force. Besides the regular crews these vessels carried a notary, Canizares, two chaplains, Don Jose Lopez de Nava and Don Jose Maria Diaz, and four Franciscan friars. Severe Patero, Lorenzo Lacies, Jose Espi. and Francisco Sanchez. A packet boat, the Aranzazu, would follow in March with supplies and reinforcements. Later it was intended to send out a land expedition including troops, colonists, and live stock.-'' Reaching Nootka on May 5th, Martinez found there the Iphige- nia under Captain Douglas and the American ship, Columbia, in command of Captain Kendrick. The North West America and the JVashington were both absent on cruises in northern waters. Indeed, as the latter vessel was leaving the sound she fell in with the Princessa. Haswell reports the interview as follows: "He was no sooner informed who we were than he said if there was anything in his ship we stood in need of he would supply us. He informed the officers that went on board that his ship was fitted out in company with two others from Cadiz to make discoveries on this coast. That he had put in on the coast of New Spain and lost most of his European seamen. The deficiency he was obliged to supply with the natural- ized natives of California. That he had been in the northward and we noticed he had a northern skin canoe lashed on his quarter. He - Cook's Voyage, ed. 1785, Introduction, p. xxxii. 3 Florez to Valdez, December 23, 1788; MSS. Arch. Gen. de Indies, 90-3-18. BRITISH COLUMBIA 137 said he had been in Bering's Straits, that he had found much snow, that he had parted with his consort a few days ago in a gale of wind, and he expected them to join him at Nootka Sound. He was very in- quisitive what ships were lying in the sound. When he was informed Captain Douglas lay there he said it would make him a good prize. The ship's name is the Princesm, belonging to His Most Catholic Majesty, commanded by Don Stephen Joseph Martinez. This gen- tleman endeavored to do everything to serve us. He made Captain Gray presents of brandy, wine, hams, sugar, and, in short, everything he thought would be acceptable. When we parted from him we saluted him with seven guns and the compliment was returned." * This quotation serves also to show that duplicity on this western coast was not confined to Meares. We are unaware of the motives which induced Martinez to malce such statements as are set out above, nor does Haswell in any place throw light upon this strange story. A great deal of discussion has arisen upon the question whether when Martinez arrived the house which Meares had built in the preceding summer was still in existence. Meares' memorial seems to imply that it was, though there is no positive statement to that effect. The American captains. Gray and Ingraham, in their letter written three years later, and with unmistakable Spanish bias, say that no sign or vestige of it then existed, and that Captain Douglas, before proceeding to the Sandwich Islands in the fall of 1788, had pulled it down, taking the boards on board of the Iphigenia and giving the roof to Captain Kendrick.'"* However the house was disposed of, it may be accepted as a fact that in May, 1789, it had ceased to exist, and that there was therefore upon the ground no evidence of any intention on Meares' part to effect a permanent settlement. Though unquestionably British in reality, Captain Douglas saw fit to make the Iphigenia appear to the Spaniards as a Portuguese bottom. This was in accordance with Meares' own conduct: while the illustrations in Meares' Voyage flaunt the British flag, the evi- dence is that in his operations on this coast he endeavoured to make his vessels appear I^)^tuguese." Thus Duncan, who met the Felice in * Haswell'e Log, May, 1789. ^ Letter, August 3, 1792, in Greenhow, App. C. ° Dixon's Further Remarks nn Meares. Letter from Duncan therein.