APPENDIX (171 

Ellice, and the persons authorized to carry on exclusive trade hy them on tirant, shall trade
with the Indians within such limits during the period of this our CJrant. 

Given at our Court at Carlton-house the 5th day of December, 1821, in the second >ear
of our reign. 

By his Majesty's command. 

(L. S.) BMHURsr.
X 

CONVENTION OF 1827 CONTINCINC IN FORCE ARTICLE III, TREATY t)F i8ig 

Concluded August 6, 1827; Ratification vdvisko by the Senate Ferruary 5, 1828; Ratuted 

BY the President February 21, 1828; Ratihcations e.\-ciianged April 2, 1828; Proclaimed 

May 15, 1828. 

The United States of America and His Majesty the King of the United Kingdom of
Great Britain and Ireland, being equally desirous to prevent, as far as possible, all hazard
of misunderstanding between the two nations, with respect to the territory on the north-wesi
coast of America, west of the Stoney or Rocky Mountains, after the expiration of the third article
of the convention concluded between ihern on the twentieth of October, 1818; and also with a view
to give further time for maturing measures which shall have for their object a more deliniie
settlement of the claims of each party to the said territory, have respectively named their
Plenipotentiaries to treat and agree concerning a temporary renewal of the saiil article, that
is to say ; 

The President of the United States of America, Albert (jallalin, their Envoy Extraordinary
and Minister Plenipotentiary to His Britannick Majesty; and His Majesty the King of ilie
United Kingdom of Great Britain and Ireland, the Right Honourable Charles Grant, a member
of his said Majesty's Most Honourable Privy Council, a member of Parliament, and Vice-
President of the Committee of Privy Council for Affairs of Trade and Foreign Plantation^; and
Henry Unwin Addington, Esquire: 

Who, after having communicated to each other their respective full powers, found to be
in due and proper form, have agreed upon and concluded the following articles: 

Article I 

All the provisions of the third article of the convention concluded betweei\ the United
States of America and His Majesty the King of the United Kingdom of Great Britain and
Ireland on the twentieth of October, 1818, shall be, and they are hereby, further indetinitcly
extended and continued in force, in the same niainier as if all the provisions of the said article were
herein specifically recited. 

ARnci.i; II 

It shall be competent, however, to either of the contracting parties, in case either should think
fit, at any time after the twentieth of October, 1828, on giving due notice of twelve months to the
other contracting party, to ainiul and abrogate this convention; and it shall, in such case be
accordingly entirely annulled and abrogated, after the expiration of the said term of notice. 

Ariicie 111 

Nothing contained in this convention, or in the third article of the convention of (he iwentieih
of October, 1818, hereby continued in force, shall be construed to impair, or in any maimer affect,
ihe claims which either of the contracting parties may have to am part of the countrv westward
of ihe Sioney or Rocky Mountains. 

Artici r IV 

The present convention shall be ratified, anil ilie ratifications shall be exchanged in nine
months, or sooner if possible. 

! 

672 . APPENDIX 

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed
thereto the seals of their arms. 

Done at London the sixth day of A\igust, in the year of our Lord one thousand eight hundred
and twenty-seven. 

(Seal) Albert Gallatin. 

(Seal) Cha. Grant. 

(Seal) Henry Unwin Addington. 

XI 

CROWN GRANT OF THE HUDSOiN'S BAY COMPANY OF THE EXCLUSIVE TRADE 

WITH THE INDIANS IN CERTAIN PARTS OF NORTH AMERICA, FOR A 

FURTHER TERM OF TWENTY-ONE YEARS, AND UPON THE SURRENDER OF A 

FORMER GRANT. 

VICTORIA R. 

(L. S.) 

Victoria, by the Grace of God of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith. 

To all to whom these Presents shall come, greeting. 

Whereas, by an Act passed in the Session of Parliament holden in the fir^t and second year
of the reign of his late Majesty King George the Fourth, intituled, "An Act for regulating the Fur
Trade, and establishing a Criminal and Civil Jurisdiction within certain parts of North America,"
it was amongst other things enacted, that from and after the passing of the said Act, it should
be lawful for his said Majesty, his heirs or successors, to make Grants, or give his or their Royal
License, under the hand and seal of one of his or their Principal Secretaries of State, to any body
corporate or company, or person or persons, of or for the exclusive privilege of trading with the
Indians in all such parts of North America as should be specified in any such Grants or Licenses
respectively, not being part of the lands and territories theretofore granted to the Governor
and Company of Adventurers of England trading to Hudson's Bay, and not being any part of any
of our Provinces in North America, or of any lands or territories belonging to the United States of
America, and that all such Grants and Licenses should be good, valid and effectual for the pur-
pose of securing to all such bodies corporate, or companies or persons, the sole and exclusive
privilege of trading with the Indians in all such parts of North America (except as thereinafter
excepted) as should be specified in such Grants or Licenses, anything contained in any Act or
Acts of Parliament, or any law to the contrary notwithstanding; and it was further enacted,
that no such Grant or License made or given by his said Majesty, his heirs or successors, of any
such exclusive privileges of trading with the Indians in such parts of North America as afore-
said, should be made or given for any longer period than 21 years, and that no rent should
be required or demanded for or in respect of any such Grant or License, or any privileges
given thereby under the provisions of the said Act for the first period of 21 years; and it
was further enacted, that from and after the passing of the said Act, the Governor and Com-
pany of Adventurers trading to Hudson's Bay, and every body corporate and company and .er-
son to whom any such Grant or License should be made or given as aforesaid, should respecti-ely
keep accurate registers of all persons in their employ in any parts of North America, and should
once in each year return to the Principal Secretaries of State accurate duplicates of such registers,
and should also enter into such security as should be required for tlie due execution of all proc-
esses criminal and civil, as well within the territories included within any such Grant, as within
those granted bv Charter to the Governor and Company of Adventurers of England trading to
Hudson's Bay, and for the producing or delivering into safe custody, for the purpose of trial,
all persons in their employ or acting under their authority, who should be charged with any
criminal offence, and also for the due and faithful observance of all such rules, regulations
and stipulations as should be contained in any such Grant or License, either for gradually dimmish-
ing and ultimatelv preventing the sale or distribution of spirituous liquors to the Indians, or for
promoting tlieir moral and religious improvement or for any other object which might be deemed
necessary for the remedy or prevention of any other evils which had hitherto been found to
exist: And whereas it was in the said Act recited, that by a convention entered into between
his said late Majesty and the United States of America, it was stipulated and agreed, that eve:
countrv on the North-west coasts of America to the wesnvard of the Stoney Mountains should be 

APPENDIX 673 

free and open to the citizens and subjects of the two powers for the term of ten years from the
date of the signature of that convention ; and it was therefore enacted, that nothing in the said
Act contained should be deemed or construed to authorize any body corporate, company or person
to whom his said Majesty might, under the provisions of the said Act, make or grant or give a
License of exclusive trade with the Indians in such parts of North America as aforesaid, to claim
or exercise any such exclusive trade within the limits specified in the said article, to the prejudice
j)r exclusion of any citizens of the said United States of America who might be engaged in the
said trade; with a proviso, that no British subject should trade with the Indians within such
limits without such (Jrant or License as was by the said Act required; 

And whereas by an instrument under the hand and seal of the Right Honourable Earl
Bathurst, then one of his said late Majesty's Secretaries of State, and dated the 6th day of
December 1821, after reciting therein, as or to the efifect aforesaid, and also reciting that the
said Governor and Company of Adventurers of England trading to Hudson's Bay, and certain
Associations of persons trading under the name of "The North-west Company of Montreal," had
respectively extended the fur trade over many parts of North America which had not been
before explored, and that the competition in the said trade had been found, for some \ears
then past, to be productive of great inconvenience and loss, not only to the said Company and
Associations, but to the said trade in general, and also of great injury to the native Indians and
of other persons his said Majesty's subjects; and that the said Governor and Company of
Adventurers trading to Hudson's Bay; and William M'Gillivray of Montreal, in the Province
of Lower Canada, esquire; Simon M'Gillivray, of Suffolk-lane, in the city of London, merchant;
and Edward Ellicc, of Spring-gardens, in the county of Middlesex, esquire; had represented to
his said Majesty that they had entered into an agreement, on the 26th day of March last, for put-
ling an end to the said competition, and carrying on the said trade for 21 years, commencing
with the outfit of 1821, and ending with the returns of the outfit of 1841, to be carried on in
the name of the said tJovernor and Company exclusively, and that the said Governor and
Company, and William M'CJillivray, Simon M'Cjillivray and Edward EUice had humbly besought
his said late Majesty to make a Grant and give his Royal License fo them jointly of and for the
exclusive privilege of trading with the Indians in North America, under the restrictions and upon
the terms and conditions specified in the said recited Act; his said late Majesty, being desirous
of encouraging the said trade, and remedying the evils which had arisen from the competition
which had theremfore existed therein, did give and grant his Royal License, under the hand and
seal of one of his Principal Secretaries of State, to the said Governor and Company, and William
M'Gillivray, Simon M'CJillivray and Edward Ellice, for the exclusive privilege of trading with
the Indians in all such parts of North America to the northward and to the westward of the
said lands and territories belonging to the United States of America, as should not form part of
any of his said Majesty's Provinces in North America or of any lands or territories belonging to
the said United States of America, or to any European government, state or power; and his
said late Majesty did also give and grant and secure to the said Governor and Company, and
^^'illiam M'Gillivray, Simon M'Gillivray and Edward Ellice, the sole and exclusive privilege,
fc. the full period of 21 years from the date of that Grant, of trading with the Indians
in all such parts of North America as aforesaid (except as thereinafter excepted), and did thereby
declare that no rent should be required or demanded for or in respect of that Grant and License,
or apv privileges given thereby f»r the said period of 21 years, but that the said Governor
and Company of Adventurers trading to Hudson's Bay, and the said William M'Gillivray,
Simon M'CJillivray and Edward Ellice, should, during the period of that Grant and License, keep
accurate registers of all persons in their employ in any parts of North America, and should once
in each year return to his said Majesty's Secretary of State accurate duplicates of such registers,
and enter into and give security to his said Majesty, his heirs and successors, in the penal sum
of 5,000 €., for ensuring, as far as in them might lay, or as they could by their authority over
the servants and persons in their employ, the due execution of all criminal processes, and of every
civil process in any suit where the matter in dispute shall exceed 200 .£., by the officers and persons
legally empowered to execute such processes within all the territories included in that Grant,
and for the producing or delivering into custody for purposes of trial all persons in their employ
or acting under their authority within the said territories, who should be charged with any criminal
' ffeiice : and his said Mnjesiy did thereby rei|uire that the said (Governor and Company, ami
'\'illiam M'Gillivray, Simon M'C;illivray and Edward Ellice, should, as soon as the same could
Vol. 1—43 

APPENDIX 66!) 

IX 

HUDSON'S BAY AND NORTH-WEST COMPANIES' LICENSE OF EXCLUSIVE 

■TRADE, 1821
GEORGE R. 

(L. S.) 

George the Fourth, by the Grace of God of the United Kingdom of Great Britain'
AND Ireland King, Defender of the Faith. 

To all to whom these Presents shall come, greeting. 

Whereas an Act passed in the second year of our reign, intituled, "."Xn Act for regulating
the Fur Trade, and for establishing a Criminal and Civil Jurisdiction within certain parts of
North America;" wherein it is amongst other things enacted, that from and after the passing
of the said Act, it should be lawful for us, our heirs or successors, to make Grants or give our
Royal License, under the hand and seal of one of our Principal Secretaries of State, to any body
corporate or company, or person or persons, of or for the exclusive privilege of trading with the
Indians in all such parts of North America as should be specified in any such Grants or Licenses
respectively, not being part of the lands or territories heretofore granted to the Governor and
Company of Adventurers of England trading to Hudson's Bay, and not being part of any of our
provinces in North America, or of any lands or territories belonging to the United States of
America, and that all such Grants and Licenses should be good, valid and effectual, for the pur-
pose of securing to all such bodies corporate, or companies or persons, the sole and exclusive
privilege of trading with the Indians in all such parts of North .America (except as thereinafter
excepted) as should be specified in such Grants or Licenses, any thing contained in any Act or Acts
of Parliament or any law to the contrary notwithstanding; and it was in the said Act further
enacted, that no such Grant or License made or given by us, our heirs or successors, of any such
exclusive privileges of trading with the Indians in such parts of North America as aforesaid
should he made or given for any longer period than 21 years, and that no rent should
be required or demanded for or in respect of any such Grant or License, or any privileges given
thereby, under the provisions of the said Act, for the first period of 21 years; and it
was further enacted, that from and after the passing of the said Act, the Governor and Company
of Adventurers of England trading to Hudson's Bay, and every body corporate and company
and person, to whom every such Grant or License should be made or given as aforesaid, should
respectively keep accurate registers of all persons in their employ, in any parts of North America,
and should once in each year return to our Principal Secretaries of State accurate duplicates
of such registers, and should also enter into such security as should be required by us for the
due execution of all criminal processes, and of any civil process in any suit where the matter
in dispute shall exceed 200 .£., and as well within the territories included in any such Grant as
within those granted by Charter to ihe Governor and Company of Adventurers of F.nglaml
trading to Hudson's Bay, and for the producing and delivering into safe custody, for the pur-
pose of trial, all persons in their employ, or acting under their authority, who should be charged
with any criminal offence, and also for the due and faithful observance of all such rules,
regulations and stipulations as should be contained in any such Grant or License, either for
gradually diminishing and ultimately preventing the sale or distribution of spirituous liquors
to the Indians, or for promoting their moral and religious improvement ; or for any other object
which we might deem necessary for the remedy or prevention of any other evils which have
been hitherto found to exist: And whereas it was also in the said .\ct recited, that by a Con-
vention entered into between his late Majesty and the United States of America, it was
stipulated and agreed, that every country on the North-west coast of America to the westward
of the Stoney .Mountains should be free and open to the citizens and subjects of the two powers
for the term of ten years from the date of the signature of that Convention; and it was therefore
enacted, that nothing in the said Act contained should be deemed or construed lo aulhori/e any
body corporate, company or person, to whom his Majesty might, under the provisions of the
said Act, make or grant, or give a license of exclusive trade with the Indians, in such parts of
North America as aforesaid, to claim or exercise any such exclusive trade within the limits
specified in the said article, to the prejudice or exclusion of any citizens of the said UTiited States
of America who might be engaged in the said trade: Provided always, that no British subject
should trade with the Indians within such limits without such Grant or License as was by the
said Act required. 

670 APPENDIX 

And whereas the said Governor and Company of Adventurers of England trading into
Hudson's Bay, and certain Associations of persons trading under the name of the "North-west
Company of Montreal," have respectively extended the fur trade over many parts of North
America which had not been before explored : And Avbereas the competition in the said trade
has been found for some years past to be productive of great inconvenience and loss, not only
to the said Company and Associations, but to the said trade in general, and also of great injury
to the native Indians, and of other persons our subjects: And whereas the said CJovernor and
Company of Adventurers of England trading into Hudson's Bay, and William M'Gillivray,
of Montreal, in the Province of Lower Canada, esquire, Simon M'Gillivray, of Suffolk-lane, in
the City of London, merchant, and Edward Ellice, of Spring-gardens, in the County of Middle-
sex, esquire, have represented to us, that they have entered into an agreement, on the 26th day of
March last, for putting an end to the said competition, and carrying on the said trade for
21 years, commencing with the outfit of 1821, and ending with the return* of 1841, to be carried
on in the name of the said Governor and Company exclusively: 

And whereas the said Governor and Company, and William M'Gillivray, Simon M'CJillivray
and Edward Ellice, have humbly besought us to make a C>rant, and give our Royal Licen-<
to them jointly, of and for the exclusive privilege of trading with the Indians in North America,
under the restrictions and upon the terms and conditions specified in the said recited Act:
Now know ve. That we, being desirous of encouraging the said trade and remedying the
evils which have arisen from the competition which has heretofore existed therein, do grant
and give our Roval License, under tlie hand and seal of one of our Principal Secretaries of State,
to the said CJovernor and Company, a[id William M'Gillivray, Simon M'Gillivray and Edward
Ellice, for the exclusive privilege of trading with the Indians in all such parts of North America
to the northward and westward of the lands and territories belonging to the United States
of America as shall not form part of any of our provinces in Nortli America, or of any lands
or territories belonging to the said United States of America, or to any European government,
state or power; and we do by these presents give, grant and secure to the said Governor and
Company, and William McGillivray, Simon McGillivray and Edward Ellice jointly, the sole
and exclusive privilege, for the full period of 21 years from the date of this our Grant, of
trading with the Indians in all such parts of North America as aforesaid (except as therein-
after excepted); and we do hereby declare that no rent shall be required or demanded for or
in respect of this our Grant and License, or any privileges given therebv, for the said period of
21 years, but that the said Governor and Company, and the said William M'C;illivray,
Simon M'Gillivray and Edward Ellice shall, during the period of this our Grant and License, keep
accurate registers of all persons in their employ in aiiy parts of North America, and shall once
in each year return to our Secretary of State accurate duplicates of such registers, and shall also
enter into and give security to us, oiw heirs and successors, in the penal sum of 5000 £. for
ensuring, as far as in them may lie, the due execution of all criminal processes, and of any
civil process in any suit where the matter in dispute shall exceed 200 £., by the officers and
persons legally empowered to execute such processes within all the territories included in this
our Grant, and for the producing and delivering into safe custody, for purposes of trial, any
persons in their employ, or acting under their authority within the said terriinries, who may be
charged with any criminal offence. 

And we do also hereby require, that the said (iovernor and Company, and William M'Gilliv-
ray, Simon M'Gillivray and P'dward Ellice shall, as soon as the same can be conveniently done,
make and submit for our consideration and approval such rules and regulations for the man-
agement and carrying on the said fur trade with the Indians, and the conduct of the persons
employed by them therein, as may appear to us to be effectual for gradually diminishing or
ultimately preventing the sale or distribution of spirituous liquors to the Indians, and for pro-
moting their moral and religious improvement. 

And we do hereby declare, that nothing in this our Cirant contained shall be deemed or
construed to authorize the said Governor and Company, or William M'Gillivray, Simon IVTGilliv-
ray and Edward Ellice, or any person in their employ, to claim or exercise any trade with the
Indians on the north-west coast of America to the westward of the Stoney Mountains, to the
prejudice or exclusion of any citizens of the United States of America, who may be engaged
in the said trade: Provided always, that no British subjects other than and except the said
Governor and Company, and the said William M'Gillivray, Simon M'Gillivray and Edward 

APPENDIX 667 

parties interested in it the amount of two hundred and ten thousand hard dollars in specie, it
being understood that this sum is to serve a compensation and complete indemnification for all
their losses, whatever they may be, without any exception, and without leaving the possibility
of a future remonstrance or any pretext or motive. 

Article II 

Said payment shall be made on the day on which the present convention shall be signed
by the commissioner of His Catholic Majesty in the presence of the commissioner of His Britannic
Majesty, which later shall give at the same time an acknowledgment of payment consistent with
the terms enunciated in the former article and signed by the said commissioner for himself
and in the name and by the order of His Britannic Majesty and of the said interested parties.
And there shall be attached to the present convention a copy of the said acknowledgment of
payment, executed in the proper form, and likewise of the respective full powers and of the
authorizations of the said interested parties. 

Article UI 

The ratifications of the present convention shall be exchanged in this city of London within
a period of six weeks from the date of its signature, or before if possible. 

In witness whereof we, the undersigned commissioners and plenipotentiaries of Their Catholic
and Britannic Majesties, have signed the present convention in their names and in virtue of our
respective full powers, affixing to it the seals of our arms.
Done at Whitehall, February 12, 1793. 

Manuel de Las Heras.
R. Woodford.
VI 

CONVENTION FOR THE MUTUAL ABANDONMENT OF NOOTKA 

Their Catholic and Britannic Majesties desiring to remove and obviate all doubt and
difficulty relative to the execution of article I of the convention concluded between Their said
Majesties on the 28th of October, 1790, have resolved and agreed to order that new instructions
be sent to the officials who have been respectively commissioned to carry out the said article,
the tenor of which instructions shall be as follows: 

That within the shortest time that may be possible after the arrival of the said officials at
Nootka they shall meet in the place, or near, where the buildings stood which were formerly
occupied by the subjects of His Britannic Majesty, at which time and in which place they shall
exchange mutualK- the following declaration and counter declaration; 

DlXl.ARATION 

"I, N N , in the name and by the order of His Catholic Majesty, by means of these 

presents restore to N N the buildings and districts of land situated on the Northwest Coast 

of the continent of North America, or the islands adjacent to that continent, of which the subjects
of His Britannic Majesty were dispossessed by a Spanish officer toward the month of April, 1789.
In witness whereof I have signed the present declaration, sealing it with the seal of my arms.
l>iMie at Nonika on the — — clay of , 179 — ." 

Counter Declaration 

"I, N N , in the name and by the order of His Britannic Majesty, by means of these 

[iresenis declare that the buildings and tracts of land on the Northwest Coast of the continent of
North America, or on the islands adjacent to that continent, of which the subjects of His Britannic
Majesty were dispossessed by a Spanish officer toward the month of April, 1789, have been 

restored to me by N N , which restoration I declare to be full and satisfactory. In witness 

whereof I have signed the present counter declaration, sealing it with the seal of my arms. Done
tt Nootka on the day of , 179 — ." 

668 APPENDIX 

That then llie British othcial shall unfurl the British flag over the land so restored in sign of
possession. And that after these formalities the officials of the two Crowns shall withdraw, respect-
ively, their people from the said port of JNootka. 

Further, Their said Majesties have agreed that the subjects of both nations shall have the
liberty of frequenting the said port whenever they wish and of constructing there temporary
buildings to accommodate them during their residence on such occasions. But neither of the said
parties shall form any pemianent establishment in the said port or claim any right of sovereignty
or territorial dominion there to the exclusion of the other. And Their said Majesties will mutually
aid each other to maintain for their subjects free access to the port of Nootka against any other
nation which may attempt to establish there any sovereignty or dominion. 

In witness whereof we, the undersigned first secretary of state and of the Cabinet of His
Catholic Majesty, and the ambassador and plenipotentiary of His Britannic Majesty, in the name
and by the express order of our respective sovereigns, have signed the present agreement, sealing
it with the seals of our arms. 

Done at Madrid, January ii, 1794. 

The Duke of Alcijdi.*.
St. Helens.
VII 

THIRD ARTICLE, CONVENTION' OF OCTOBER 20TH, 1818, BETWEEN GREAT
BRITAIN AND THE UNITED STATES 

It is agreed, that any country that may be claimed by either party on the northwest coast
of America, westward of the Stony Mountains, shall together with its harbours, bays, and
creeks, and the navigation of all rivers within the same, be free and open, for the term of ten
years from date of the signature of the present convention, to the vessels, citizens, and subjects
of the two Powers: it being well understood, that this agreement is not to be construed to the
prejudice of any claim, which either of the uvo high contracting parties may have to any part
of the said country, nor shall it be taken to affect the claims of any other Power or State to any
part of the said country; the only object of the high contracting parties, in that respect, being
to prevent disputes and differences amongst themselves. 

VIII 

FIFTH ARTICLE, CONVENTION OF OCTOBER 20TH, i8i8, BETWEEN GREAT
BRITAIN AND THE UNITED STATES 

Whereas, it was agreed by the first Article of the treaty of Ghent, that "all territory, places,
and possessions whatsoever taken by either party from the other during the war, or which may
be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall
be restored without delay ; and without causing any destruction, or carrying away any of the
artillery or other public property originally captured in the said forts or places which shall
remain therein upon the exchange of the ratifications of this treaty, or any slaves or other private
property;" and whereas under the aforesaid article the United States claim for their citizens,
and as their private property, the restitution of, or full compensation for all slaves who, at
the date of the exchange of the ratifications of the said treaty, were in any territory, places,
or possessions whatsoever directed by the said treaty to be restored to the United States, but then
still occupied by the British forces, whether such slaves were, at the date aforesaid, on shore,
or on board any British vessel lying in waters within the territory or jurisdiction of the United
States; and whereas differences have arisen whether, by the true intent and meaning of the
aforesaid article of the treaty of Ghent, the United States are entitled to the restitution of, or
full compensation for all or any slaves as above described, the high contracting parties hereby
agree to refer the said differences to some friendly Sovereign or State to be named for that
purpose; and the high contracting parties further engage to consider the decision of such
friendly Sovereign or State, to be final and conclusive on all the matters referred. 

664 APPENDIX 

"I have to add that as it appears uncertain if the vessels, the Sorth-Wcst America, an
American vessel, and the Iphigenia, had truly a right to enjoy the protection of the British
flag, the king will with pleasure consent that an examination of the question, as well as that
relative to the just amount of the losses sustained by his subjects, may be left to the determina-
tion of the commissioners to be named by the two courts. 

"Having thus recapitulated to your Excellency the heads of what I (]l)ser\ed to you in con-
versation, 1 flatter myself you will weigh the whole in your mind with that spirit of equity and
moderation which characterizes you, that I may be in a condition of sending to my court, as
soon as possible, a satisfactory answer as to the point contained in the official paper sent to i\lr.
Merry on the 4th of this month, and which for the reasons I have mentioned cannot be regarded
by his Britannic Majest>' as fulfilling his just expectations. I have the honour to be, etc., 

"AliEVNE FlTZHERBERT." 

Ill 

DECLARATION AND COUNTER DECLARATION, NOOTKA SOUND AFFAIR 

Declaration. 

His Britannic Majesty having complained of the capture of certain vessels belonging to
his subjects in the port of Nootka, situated on the Northwest Coast of .•\iTierica, by an officer
in the service of His Catholic Majesty, the undersigned counsellor and principal secretary of
state to His Majesty, being thereto duly authorized, declares in the name and by the order of
His Majesty, that he is willing to give satisfaction to His Britannic Majesty for the injury of
which he has complained, fully persuaded that His said Britannic Majesty would act in tlie
same manner toward His Catholic Majesty under similar circumstances; and His Majesty further
engages to make full restitution of all the British vessels which were captured at Nootka, and
to indemnify the parties interested in those vessels for the losses which they may have sustained,
as soon as the amount thereof shall have been ascertained. It being understood that this declara-
tion is not to prejudice the ulterior discussion of any right which His Catholic Majesty claim^^ to
form an exclusive establishment at Nootka. 

In witness whereof I have signed this declaration and sealed it with the seal of my arms at
Madrid the 24th of July, 1790. 

Count Fi.oridari.wca.
Counter Declaration. 

His Catholic Majesty having declared tlial he was willing to give satisfaction for tlie injiirv
done to the King by the capture of certain vessels belonging to his subjects in the Bay of
Nootka; and Count Floridablanca having signed, in the name and by the order of His Catholic
Majesty, a declaration to this effect, and by which His said Majesty likewise engages to make
full restitution of the vessels so captured and to indemnify the parties interested in those vessels
for the losses which they shall have sustained, the undersigned ambassador extraordinary and
plenipotentiary of His Majesty to the Catholic King, being thereto duly and expressly authorized,
accepts the said declaration in the name of the King; and declares that His Majesty will con-
sider this declaration, with the performance of the engagements contained therein, as a fvill and
entire satisfaction for the injury of which His Majesty has complained. 

The undersigned declares at the same time that it is to be understood that neither the said
declaration signed by Count Floridablanca nor the acceptance thereof by the undersigned, in
the name of the King, is to preclude or prejudice, in any respect, the rights which His Majesty
may claim to any establishment which his subjects may have formed, or mav desire to form
in the future, at the said Bay of Nootka. 

In witness whereof I have signed this counter declaration and sealed it with the seal of mv
arms at Madrid the 24th of July, 1790. 

Allevne Fitzherbfrt.
IV 

THE NOOTKA SOUND CONVENTION 

Their Britannic and Catholic Majesties being desirous of terminating, by a speedv and solid
agreement, the differences which have lately arisen between the two Crowns, have considered 

APPENDIX 665 

lliat tlie best way of attaining this salutary object would be that of an amicable anangeinent
which, setting aside all retrospective discussions of the rights and pretensions of the two parties,
should regulate their respective positions for the future on bases which would be conformable
to their true interests as well as to the mutual desires with which Their said Majesties are ani-
mated, of establishing with each other, in everything and in all places, the most perfect friend-
ship, harmony, and good correspondence. Willi this in view they have named and constituted
for their plenipotentiaries, to wit, on the part of His Britannic Majesty, Alleyne Fitzherbert, of
the privy council of His said Majesty in Great Britain and Ireland, and his ambassador extraor-
dinary and minister plenipotentiary to His Catholic Majesty; and on the pan of His Catholic
Majesty, Don Joseph Moiiino Coinit of Floridablanca, Knight (jrand Cross of the Royal Spanish
Order of Charles HI., counsellor of state to His said Majesty, and his principal secretary of state
and of the cabinet, who, after having communicated to each other their full powers, have agreed
on the following articles: 

Article I 

It is agreed that the buildings and tracts of land situated on the Northwest Coast of the conti-
nent of North America, or on islands adjacent to that continent, of which the subjects of His
Britannic Majesty were dispossessed about the month of April, 1789, by a Spanish officer, shall
be restored to the said British subjects. 

Asncr e II 

Further, a just reparation shall be made, according to the nature of the case, for every
act of violence or hostility which may have been committed since the said month of .April, 1789,
by the subjects of either of the contending parties against the subjects of the other; and in case
any of the respective subjects shall, since the same period, have been forcibly dispossessed of
their lands, buildings, vessels, merchandise, or any other objects of property on the said continent
or on the seas or islands adjacent, they shall be replaced in possession of thpm or a just compensa-
tion shall be made to them fm the losses which they have sustained. 

Article III 

And in order to strengthen the bonds of friendship and to preserve in the future a perfect
harmony and good understanding between the two contracting parties, it is agreed that their
respective subjects shall not be disturbed or molested either in navigating or carrying on their
fisheries in the Pacific Ocean or in, the South Seas, or in landing on the coasts of those seas in
places not already occupied, for the purpose of carrying on their cominerce with the natives of
the country or of making establishments there; the whole subject, nevertheless, to the restric-
tions and provisions which shall be specified in the three following articles. 

.Article I\' 

His Britannic Majesty engages to employ the most effective measures to prevent the navigation
and fishery of his subjects in the Pacific Ocean or in the South Seas from being made a pretext
for illicit trade with the Spanish settlements; and with this in view it is moreover expressly stipu-
lated that British subjects shall not navigate nor carry on their fishery in the said seas within the
distance of 10 maritime leagues from any part of tlic coast already occupied bv Spain. 

.Article V 

It is agreed that as well in the places which are to be restored to British subjects bv virtue
of the first article as in all other parts of the Northwest Coast of North America or of the islands
adjacent, situated to the north of the parts of the said coast alreadv occupied by Spain, wherever
the subjects of either of the two powers shall have made settlements since the month of April,
1789, or shall hereafter make any, the subjects of the other shall have free access and shall carry
on their commerce without disturbance or molestation. 

666 APPENDIX 

Article VI i 

it is further agreed with respect to the eastern and western coasts of South America and the
islands adjacent, that the respective subjects shall not form in the future any establishment on the
parts of the coast situated to the south of the parts of the same coast and of the islands adjacent
already occupied by Spain; it being understood that the said respective subjects shall retain the
liberty of landing on the coasts and islands so situated for objects connected with their fishery
and of erecting thereon huts and other temporary structures serving only those objects. 

Article \'II 

In all cases of complaint or infraction of the articles of the present convention the officers
of either party without previously permitting themselves to commit any act of violence or assault
shall be bound to make an exact report of the affair and of its circumstances to their respective
Courts, who will terminate the differences in an amicable manner. 

Article V'III 

The present convention shall be ratified and confirmed within the space of six weeks, to be
counted from the day of its signature, or sooner if possible. 

In witness whereof we, the undersigned plenipotentiaries of Their Britannic and Catholic
.Majesties, have, in their names and by virtue of our full powers, signed the present convention,
and have affixed thereto the seals of our arms. 

Done at the palace of San Lorenzo the 28th of October, 1790. 

Allevne Fitzherbert.
The Count of Floridablanc.a.
Secret Article 

Since by article 6 of the present convention it has been stipulated, respecting the eastern
and western coasts of South America, that the respective subjects shall not in the future form
any establishment on the parts of these coasts situated to the south of the parts of the said coasts
actually occupied by Spain, it is agreed and declared by the present article that this stipulation
shall remain in force only so long as no establishment shall have been formed by the subjects
of any other power on the coasts in question. This secret article shall have the same force
as if it were inserted in the convention. 

In witness whereof, etc. 

Ratifications were exchanged by Floridablanca and Fitzherbert on November 22. 

NOOTKA CLAIMS CONVENTION 

In virtue of the declarations exchanged at Madrid on the 24th of July, 1790, and of the con-
vention signed at the Escorial on the 18th (28th) of the following October, Their Catholic and
Britannic Majesties, desiring to regulate and determine definitely everything regarding the
restitution of the British ships seized at Nootka, as well as the indemnification of the parties
interested in the ships, have named for this purpose and constituted as their commissioners and
plenipotentiaries, to wit, on the part of His Catholic Majesty, Don Manuel de Las Heras,
commissary in His said Majesty's armies, and his agent and consul-general in the Kingdoms
of Great Britain and Ireland; and on the part of His Britannic Majesty, Mr. Ralph Woodford,
Knight Baronet of Great Britain; who, after having communicated tlieir full powers, have agreed
upon the following articles: 

Article I 

His Catholic Majesty, besides having restored the ship Ari^onnut, the restoration nf which
took place in the port of San Bias in the year 1791 (1790), agrees to pay as indemnity to the 

APPENDIX 661 

thereof. On the contrary, and in order that its territories should be preserved wliole and entire,
England ofiers to aid and assist the Spaniards in re-establishing the limits nf their American
dominions, and placing them in the exact situation they stood in the time ot his said Catholic
Majesty Charles II., if by accident it shall be discovered that they have undergone any alteration
to the prejudice of Spain, in whatever manner or pretext such alteration may have been brought
about. 

"The vast extent of the Spanish territories, navigation and dominion on the Continent of
America, isles and seas contiguous to the South Sea, are clearly laid down and authenticated
by a variety of documents, laws and formal acts of possession in the reign of King Charles II.
It is also clearly ascertained, that notwithstanding the repeated attempts made by adventurers
and pirates on the Spanish coasts of the South Sea and adjacent islands, Spain has still pre-
served her possession entire, and opposed with success those usurpations by constantly sending
her ships and vessels to take possession of such settlements. By these measures and reiterated
acts of possession, Spain has preserved the dominion, which she has extended to the borders
of the Russian establishments in that part of ihe world. 

"The viceroys of Peru and New Spain having been informed that these seas had been, for
some years past, more frequented tlian formerly; that smuggling had increased; that several
usurpations prejudicial to Spain and the general tranquillity had been suffered to be made, they
have orders that the western coasts of Spanish America, and islands and seas adjacent should
be more fre(iuently navigated and explored. 

"They were also informed that several Russian vessels were upon the point of making
commercial establishments upon that coast. At the time that Spain demonstrated to Russia the
inconveniences attendant upon such encroachments, she entered upon the negotiation with Russia
upon the supposition that the Russian navigators of the Pacific Ocean had no orders to make
establishments within the limits of Spanish America, of which the Spaniards were the first
possessors {limits situated within Prince William's Sound), purposely to avoid all dissensions,
and in order to maintain the harmony and amity which Spain wished to preserve. 

"The Court of Russia replied, that it liati alreatly given orilers that its subjects should make
no settlement in places belonging to other powers; and that if those orders had been violated, and
had been made in Spanish .America, they desired the king would put a stop to them in a friendly
maimer. To this pacific language on the part of Russia, Spain observed that she could not he
answerable for what her officers might do at that distance, whose general orders and instruc-
tions were not to permit any settlements to be made by other nations on the Continent of Spanish
America. 

"Though trespasses had been made by the English on some of the islands of those coasfs,
which had given rise to similar complaints having been made to the Court of London, Spain
did not know that the English had endeavoured to make any settlements on the northern part
of the Southern Ocean, till the c<immander of a Spanish ship, in the usual tour of the coasts
of California, found two ."Xmerlcan vessels in St. Lawrence, or Nootka Harbour, where he was
going for provisions and stores. These vessels he permitted to proceed on their voyage, it
appearing from their papers that they were driven there by distress, and only came in to refit. 

"He also found there the Iphigenia from Macao, under Portuguese colours, which had a
passport from the governor; and though he came manifestly with a view to trade there, yet
the Spanish admiral, when he saw his instructions, gave him leave to depart upon his signing
an engagement to pay the value of the vessel, should the Government nf Mexico declare it a
lawful prize. 

"With this vessel there came a second, wliich the admiral detained, ami a few days after,
a third, named the Iri^otiaut, from the above mentioned place. The captain of this latter
was an Englishman. He came not only to trade, but brought everything with him proper to form
a settlement there and to fortify it. TTiis, notwithstanding the remonstrances of the Spanish
admiral he persevered in, and was detained, together with his vessel. 

".After him came a fourth English vessel, named the Princess Royiil. and evldcnllv for the
same purposes. She likewise was detaine<l and sent to Port San Bias, where the pilot of the
/Iritnninit made awav with himself. 

"The vicerov, on being informed of these particulars, gave orders that the captain and vessels
should 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 nf the proprietors, and the friendship which
subsisted between the Courts of I.ondon and Madrid. 

662 APPENDIX 

"He also gave them leave to return to Macao with their cargo, after capitulating with
them in the same manner as with the Portuguese captain, and leaving the affair to be finally
determined by the Count de Revillagigado, his successor, who also gave them their liberty. 

"As soon as the Court of Madrid had received an account of the detention of the first Eng-
lish vessel at Nootka Sound, and before that of the second arrived, it ordered its ambassador
at London to make a report thereof to the English minister, which he did on the loth of Febru-
ary last, and to require that the parties who had planned these expeditions should be punished,
in order to deter others from making settlements on territories occupied and frequented by the
Spaniards for a number of years. 

"In the ambassador's memorial, mention was only made of the Spanish admiral that com-
manded the present armament, having visited Nootka Sound in 1774, though that harbour had
been frequently visited both before and since, with the usual forms of taking possession. These
forms were repeated more particularly in the years 1755 and 1779, all along the coasts, as far
as Prince William's Sound, and it was these acts that gave occasion to the memorial made by
the Court of Russia as has been already noticed. 

"The Spanish ambassador at London did not represent in this memorial at that time, that
the right of Spain to these coasts was conformable to ancient boundaries which had been guar-
anteed by England at the Treaty of Utrecht, in the reign of Charles IL, deeming it to be un-
necessary; as orders had been given and vessels had actually been seized on those coasts as 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 stated by the ambassador, and that the act of violence,
mentioned in his memorial, necessarily suspended any discussion of the claims therein, till an
adequate atonement had been made for a proceeding so injurious to Great Britain. 

"In addition to this haughty language of the British minister, he further added, that the
ship must in the first place be restored; and that with respect to any further stipulations, it
would be necessary to wait for a fuller detail of all the circumstances of this affair. 

"The harsh and laconic style in which this answer was given, made the Court of Madrid sus-
pect that the King of Great Britain's ministers were forming other plans; and they were the
more induced to think so, 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 squadron she was getting ready to exercise her marine. 

"The Court of Spain then ordered her ambassador at London to present a memorial to the
British ministry, setting forth that though the Crown of Spain has an indubitable right to the
continent, islands, harbours and coasts in that part of the world, founded on treaties and im-
memorial possession, yet the viceroy of Mexico had released the vessels that were detained,
the king looked upon the affair as concluded, without entering into any disputes or discus-
sions on the undoubted rights of Spain; and desiring to give a proof of his friendship for Great
Britain, he should rest satisfied if she ordered that her subjects in future respected those rights. 

"As if Spain, in this answer, had laid claim to the empire of that ocean, though she onlv
spoke of what belonged to her by treaties, and as if it had been so grievous an offence to termi-
nate this affair by restitution of the only vessel which was then known to have been taken, it
excited such clamour and agitation in the parliament of England that the most vigorous prepa
rations for war had been commenced; and those powers disinclined to peace, charge Spain with
designs contrary to her known principles of honour and probity as well as to the tranquillitv
of Europe, which the Spanish monarch had in view. 

"While England was employed in making the greatest armamems and preparations, that
court made answer to the Spanish ambassador (upon the 5th of May) that the acts of violence
committed against the British flag 'rendered it necessary for the sovereign to charge his minister .
at Madrid to renew the remonstrances (being the answer of England alreadv mentioned), and
to require that satisfaction which his Majesty thought he had an itulisputable riirht to demand.'
"To this was added a declaration not to enter formally into the matter until a satisfactory
answer was obtained; 'and at the same time the memorial of Spain should not iiulude in it the
question of right,' which formed a most essential part of the discussion. 

"The British administration offer, in the same answer, to take the most effectual and pacific
measures that the English subjects shall not act 'against the just and acknowledged rights of
Spain, !>ut that they cannot at present accede to the pretensions of absolute sovereignty, com- 

APPENDIX 663 

merce ami navigation which appeared to be tlie principal object of the memorial nf the ambas-
sador, and that the King of England considers it as a duty incumbent upon him to protect
his subjects in the enjoyment of the right of continuing their rishery in the Pacific Ocean.' 

"If this pretension is found to trespass 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 reason for disputing and opposing this claim; and
it is to be hoped that the equity of the British administration will suspend and restrict it
accordingly. 

"In consequence of the foregoing answer, the charge d'affaires from the Court of London
at Madrid insisted, in a memorial of the i6th of May, on restitution of the vessel detained at
Nootka and the property therein contained; of an indemnification for the losses sustained, and on
a reparation proportioned to the injury done to the English subjects trading under the British
flag, and that they have an indisputable right to the enjoyment of a free and uninterrupted navi-
gation, commerce and fishery; and to the possession of such establishments as they should form
with the consent of the natives of the country not previously occupied by any of the European
nations. 

"An explicit and prompt answer was desired upon this head, in such terms as might tend
to calm the anxieties and to maintain the friendship subsisting between the two courts. 

"The charge d'affaires, having observed that a suspension of the Spanish armaments would
<;ontribute to tranquillity upon the terms to be communicated by the British administration, as
answer was made by the Spanish administration that the king was sincerely inclined to dis-
arm upon the principles of reciprocity, and proportioned to the circumstances of the two courts,
adding that the Court of Spain was actuated by the most pacific intentions and a desire to
give every satisfaction and indemnification, if justice was not on their side, provided England
did as much if she was fouiul to be in the wrong. 

"This answer must convince all the courts of Europe, that the conduct of the king and his
administrators is consonant to the invariable principles of justice, truth and peace. 

"(Signed) El, CoNDE de Fi,iiridabi..\nca." 

Mr. Fit/herbert replied as follows: 

"Sir, — In compliance with your Excellency's desire, I have now the honour to communicate
to you In writing what I observed to you in the conversation we had the day before yester-
day. The substance of these observations are briefly these: 

"The Court of London is animated with the most sincere desire of terminating tlie differ-
ence that at present subsists between it and the court of Madrid, relative to the port of Nootka
and the adjacent latitudes, by a friendly negotiation; but it is evident, upon the clearest principles
nf justice and reason, that an equal negotiation cannot be opened (ill matters are put in their
original slate; and as certain acts have been committed in the latitudes in question belonging to
the royal marine of Spain, against several British vessels, without any reprisals having been
made, of any sort, on the part of Britain, that power is perfectly in the right to insist, as a
preliminary condition, upon a prompt and suitable reparation for those acts of violence; and in
conse<|iience of this principle the practice of nations has limited such right of reparation to
three articles, viz., the restitution of the vessels, a full indemnification for the losses sustained by
the parties injured, and, finally, satisfaction lo the sovereign for the insult offered to his flag;
so that it is evident that the actual demands of my court, far from containing anything to
prejudice the rights or dignity of his Catholic Majesty, amount to no more, in fact, than what
is constantly done by Great Britain herself, as well as every other maritime power. In similar
circutustances. 

"Finally, as to the nature of the satisfaction which the Court of London exacts upon this
occasion and to which your Excellency appears to desire some explanation, I am authorized, sir,
to assure you that if his C^atholic Majesty consents to make a declaration in his name, bearing
in substance that he had determined to offer to his Britannic Majesty a just and suitable satisfac-
tion for the insult offered to his flag, such offer joined to a restitution of the vessels captured, and
to indemnify the proprietors, under (he conditions specified in the official letter of Mr. Merry on
the i6th of May, will he regarded by his Britannic Majesty as constituting in itself the satis-
faction demanded; and his said Majesty' will accept of it as such bv a counter declaration on
his pan. 

658 APPENDIX 

to the succeeding governor for possession of the ship; that the governor had, in consequence,
investigated the transaction, and finding that Cawalho had no actual concern or interest in the
property, obliged her to quit the port; that this proceeding had subjected the Iphigenia at once to
the increased port charges which were instantly demanded by and paid to the Chinese. 

"Your memorialist has stated this transaction thus fully, in order to show, that the Iphigeiiin
and her cargo were actually and bona fide British property, as well as to explain the occasion
of the orders which were given to her commander extracts of which accompany this, and are
referred to in the journal of that ship, having been under the inspection of Don Martinez. 

"Your memorialist further begs leave to state that after the departure of the Iphigeniii, Don
Martinez became apprized of the purport of the letter with which he had been furnished, and
that on the return of the North-lVest America off the port of Nootka, on the 9th of June, she was
boarded and seized by boats manned and equipped for war, commanded by Don Martinez; that
he did tow and convey the said vessel into the sound, and anchoring her close to the Spanish ships
of war, did then take possession of her in the name of his Catholic Majesty as good and lawful
prize; that the above mentioned vessel was soon after hauled alongside of the Spanish frigate; and
that the oHicers and men, together with the skins which had been collected, amounting to 215,
of the best quality, and also her stores, tackle and furniture, articles of trade, etc., were removed
on board the Spanish frigate; that the commander of the Norlh-U'est America, his officers and
men, were accordingly made prisoners, and Mr. Thomas Barnett, one of the officers of that vessel,
and some of her men, were, as appears by the affidavit of \\'illiam Graham, one of the seamen
belonging to that vessel hereunto annexed (No. 4) afterwards put in irons. 

"That the Princess Royal arriving a few days after the seizure of the Sortli-West Amcrua,
and being allowed by Don Martinez to depart, the skins collected by the last mentioned vessel
(excepting twelve of the best quality, which Don Martinez thought fit to retain) were returned
to the master, and, with the permission of Don Martinez, were shipped on board the Princess
Royal for the benefit of the owners; and that ship, as appears by her journal, put to sea on the
2nd of July to pursue the trade upon the coast. 

"That Don Martinez, after seizing the Nort/i-Il'esI America in the manner and under ihe
circumstances above stated, employed her on a trading voyage, from which she returned after
an absence of about twenty days, with seventy-five skins, obtained by British merchandize which
had either been found in that vessel at the time of her capture, or had been taken from the
Iphigenia; and that the value of the furs so collected cannot, upon a moderate calculation, be
estimated at less than $7,500, and which Don Martinez had applied to his own advantage. 

"That the Argonaut arrived off the port of Nootka on or about the 3rd of July, 1789; that
Don Martinez on observing her in the offing, boarded her in his launch, and with expressions
of civility, promised Mr. Colnett, her commander, every assistance in his power; that before
the Argonaut entered the sound, Mr. Thomas Barnett (who had belonged to the North-ll'esl
America, and was then a prisoner) came off in a canoe and informed Mr. Colnett of the proceed-
ings which had taken place, and of the danger to which he was exposed; but that under the as-
surances given by Don Martinez that the Argonaut should remain unmolested, and being in want
of refreshments for the crew, Mr. Colnett proceeded into Nootka Sound. 

"That, notwithstanding the assurances given by Don Martinez, he, on the next day, sent the
lieutenant of the Princessa with a military force to take possession of the Argonaut: and that
ship was accordingly seized in the name of his Catholic Majesty; the British flag was hauled
down and the Spanish flag was hoisted in its stead. 

"That on the seizure of the Argonaut, her officers and men were made prisoners, and Mr.
Colnett was threatened to be hanged at the \ard-arm in case of his refusing compliance with aiiv
directions which might be given to him. 

"That on the 13th of July, the Princess Royal, as is stated in her journal, again appeared off
the port of Nootka; that her commander approaching the sound in his boat in expectation of
finding there the commander of the expedition (from whom he was desirous of receiving instruc-
tions for his future proceedings), was seized and made prisoner by Don Martinez, and, under
threats of hanging him at the yard-arm forced him to send orders to his officers to deliver up
the Princess Royal without contest. 

"That a Spanish officer was despatched into the offing with these orders; and that ihe ve^^el
was accordingly seized in the name of his Catholic Majesty and brought into port; that her
crew were in consequence made prisoners, and that her cargo, consisting of 473 skins, including 

APPENDIX 659 

203 which had been put on board her from the Sorth-H'est Ameriea, (as appears by the inclosed
receipt, No. 5) was seized. 

"'niat Mr. Colnett, from the circumstances of his capture, became so deranged tliat he
attempted frequently to destroy himself; and that, according tn the last accounts received, the
state of his mind was such as tn render him unfit for the management of any business which
might have been entrusted to his care; that in this melancholy situation, however, Don Martinez,
(notwithstanding the vessel and cargo had before been formally seized) attempted to procure from
him the sale of the copper, of which a principal part of the cargo of the Princess Royal had been
composed, and that such sale would actually have taken place, had not the other officers of that
vessel, seeing C'olnett's insanity, prevented it. 

"Your memorialist further begs leave to represent that the .American ship Cnlumliiii, in-
tending to proceed to China, the crew of the i\ort/t-lf'esl Imerica were ordered by Don Martinez
on board her, principally, as yo\ir memorialist understands, for the purpose of assisting her in
her navigation to China; the greater part of her own crew, as well as of her provisions, having
been previously put on board the ll'ii.</iini;lo'i in order that she might be enabled tn continue on the
coast. 

"That the C.ohtmhia having reduced lier provisions considerabK from the supplies she had
spared to her consort, was furnished from the Argonaut by order of Don Martinez with wliat
was necessary for her voyage, said to be intended, however, for the supply of the crew of the Xnrl/i-
fVest /Imerica; that previous to the departure of the Columbia, ninety-six skins were also put on
board her as appears by the paper hereunto annexed No. 6, to defray the wages of the officers
and crew of the i\'ort/t-l{'esl .Imerica, under a supposition that their late emphners would be
unable to li(|uidate their demands, first deducting, however, thirty per cent from the sales, which
Don Martinez had agreed should be paid for the freight on the said skins to ihe .American
commanders. 

"That the Cotumhia thus supplied, left Nootka Sound accordingly, and proceeded to tlie
southward; that a few days after she entered Port Cox, where she was joined by her consort,
the ll'as/iinxton, from whom she received a considerable number of skins, conceived to be the
whole (excepting the ninety-six before mentioned) which liad been collected by the .Americans
and Spaniards, as well as by the British traders, and with which, after sparing a further i|uaiititv
of provisions to the It'asliiti^ton, the Columbia proceeded to China, where she nrri\ed on ihe 2nd
of November, and landed the crew of the Norlh-JI'est America. 

"That the crew of the North-West America previous to their leaving Nootka Sound in ihe
Columbia, saw the .Irgonaut proceed as a prize to San Bias; that her officers and men, who were
Europeans, were put on board her as prisoners; and that the Princess Royal was shortly to follow
with her crew in confinement in the same manner. The l('as/iini;ton, on joining tlie ('olumhia in
Port Cox, pave information that the Princess Royal had also sailed for San Bias. 

"That Don Martinez had thought fit, however, to detain the Chinese and had compelled them
to enter into the service of Spain; and that on the departure of the Columbia tlie> were employeil
in the mines, which had then been opened on the lands which your memorialist had purchased. 

"Your memorialist begs leave to annex a deposition of the officers and crew of the A'. If.
America, together with an extract of the journal of the tfiliigenia, and also some letters which he
has received from Mr. Duffin, second officer of the .lrf;onnut, which papers will serve to throw
considerable lights on the several transactions alluded to in this memorial: He also has subjoined
a statement of the actual as well as the probable losses which he and his associates have sustained
from the unwarrantable and unjustifialile proceedings of Don Martinez, in open violation of the
treaty of peace subsisting between this country and the Court of Spain, and at times aiid if> situa-
tions where, according to the common laws of hospitality, they might have expected a different
conduct. 

"Your inemorialist therefore inost hiniibly begs leave to submit the ca^e of hirnselt and
his associates to the consideration of CJovernment, in full confidence that ihe proper and
necessary measures will be taken to obtain that redress, wliiih he atul his associates have. a«
British subjects, a right to expect. 

"(Signed) Jon\ Mk\rf.s. 

"London, jolh .April, 1790." 

Message from King (Jeorge III. — "(George R. His Majesty has received information (hat
two vessels belonging to his Majesty's subjects, and navigated under the British flag, and two 

660 APPENDIX 

others, of which the description is not hitherto sufficiently ascertained, have been captured at
Nootka Sound, on the north-western coast of America, by an officer commanding two Spanish
ships of war; that the cargoes of the British vessels have been seized, and their officers and
crews have been sent as prisoners to a Spanish port. 

"The capture of one of these vessels had before been notified by the ambassador of his
Catholic Majesty, by order of his court, who at the same time desired that measures might be
taken for preventing his Majesty's subjects from frequenting these coasts, which were alleged
(o have been previously occupied and frequented by the subjects of Spain. Complaints were
already made of the fisheries carried on by his Majesty's subjects in the seas adjoining to the
Spanish continent, as being contrary to the rights of the crown of Spain. In consequence of
this communication, a demand was immediately made by his Majesty's order, for adequate sat-
isfaction, and for the restitution of the vessel, previous to any other discussion. 

"By answer from the Court of Spain it appears that this vessel and her crew had been set
at liberty by the viceroy of Me.xico ; but this is represented to have been done by him on the
supposition that nothing but the ignorance of the rights of Spain encouraged the individuals
of other nations to come to these coasts for the purpose of making establishments, or carrying on
trade, and in conformity to his previous instructions, requiring him to show all possible regard
to the British nation. No satisfaction is made or offered, and a direct claim is asserted by the
Court of Spain to the exclusive rights of sovereignty, navigation and commerce in the territories,
coasts and seas in that part of the world. 

"His Majesty has now directed his minister at Madrid to make a fresh representation on
this subject, and to claim such full and adequate satisfaction as the nature of the case evi-
dently requires. And under these circumstances his Majesty, having also received information
that considerable armaments are carrying on in the ports of Spain, has judged it indispensably
necessary to give orders for making such preparations as may put it in his Majesty's power
to act with vigour and effect in support of the honour of his crown and the interests of his people.
And his Majesty- commends it to his faithful Commons, on whose zeal and public spirit he has
the most perfect reliance, to enable him to take such measures and to make such augmentation
of his forces, as may be eventually necessary for this purpose. 

"It is his Majesty's earnest wish that the justice of his Majesty's demands may ensure
from the wisdom and equity of his Catholic Majesty the satisfaction which is so unquestionably
due; and that this affair may be terminated in such manner as may prevent any grounds of
misunderstanding in future, and to continue and confirm that harmony and friendship whicli
has so happily subsisted between the two courts, and which his Majesty will always endeavour
to maintain and improve by all such means as are consistent with the dignity of his Majesty's
crown and the essential interests of his subjects. G. R." 

The House of Lords Approved the King's Message. — On the 26th May an "humble address
of the Right Honourable the Lords Spiritual and Temporal, in parliament assembled," was passed,
approving of his Majesty's message. 

II 

MEMORIAL OF THE COURT OF SPAIN, DELIVERED JUNE 13TH, 1790, TO MR. FITZ-
HERBERT, THE BRITISH AMBASSADOR AT MADRID. 

"By every treaty upon record betwixt Spain and the other nations of Europe, for upwards
of two centuries, an exclusive right of property, navigation and commerce to the Spanish West
Indies has been universally secured to Spain, England having always stood forth in a particular
manner in support of such right. 

"By Article 8th of the Treaty of Utrecht (a treaty in which all the European nations may
be said to have taken part), Spain and England profess to establish It as a fundamental principle
of agreement, that the navigation and commerce of the West Indies, under the dominion of
Spain, shall remain in the precise situation in which they stood in the reign of his Catholic
Majesty Charles 11., and that rule shall be invariably adhered to, and be incapable of infringement. 

"After this maxim, the two powers stipulated that Spain should never grant liberty or per-
mission to any nation to trade or introduce their merchandise into Spanish American dominions.
nor to sell cede, or give up to any other nation, its lands, dominions or territories, or any part 

65:1 

APPENDIX 

I 

MEMORIAL OF LIEUTENANT JOHN MEARES, RESPECTING SEIZURE OF VESSELS
BY THE SPANIARDS AT NOOTKA SOUND, IN 1789 

"The memorial of John Meares, Lieulenaiu in his Majesty's navy, most liumbly shevveth: 

"That early in the year 1786, certain merchants residing in the East Indies, and under the
immediate protection of the Company, desirous of opening a trade with the north-west coast of
America, for supplying the Chinese market with furs and ginseng, communicated such design
to Sir John MacPherson, the Governor-General of India, who not only approved of the plan,
but joined in the subscription for its execution; and two vessels were accordingly purchased and
placed under the orders and command of your memorialist. 

"That in the month of March, your memorialist despatched one of the said vessels, which
he named the Sea-oHer, under the command of Mr. Tipping, to Prince ^V'illiarn's Sound, and
followed her on the other ship, which he named the Nnolka. 

"That on your memorialist's arrival in Prince William's Sound, in the month of September,
he found the Sea-oiler had left that place a few days before; and from intelligence he has since
received, the ship was soon after unfortunately lost ofl the coast of Kamschatkn. 

"That your memorialist remained in Prince William's Sound the whole of the winter, in
the course of which time he opened an extensive trade with the natives; and having collected
a cargo of furs, he proceeded to China in the autumn of 1787. 

"That in the month of January, 1788, your memorialist having disposed of the Nootka, he,
in conjunction with several British merchants residing in India, purcliased and tilted out two other
vessels, named the Fel'ue and lphii;eniii : the former your memorialist commanded, and the latter
he put under the direction of Mr. William Douglas. That your memorialist proceeded from
China to the port of N(Hitka, or King (Jeorge's Sound, which he reached in the month of May,
and the Iphigenia arrived in Cook's River in (he month of June. 

"That your memorialist, immediately on his arrival in Nootka Sound, purchased from
Maquilla, the chief of the district contiguous to and surrounding that place, a spot of ground
whereon he built a house for his occasional residence, as well as for the more convenient pursuit
of his trade with the natives, and hoisted the British colours thereon; that he also erected a breast-
work which surrounded the house, and mounted one 3-pounder in the front; that having so done,
your memorialist proceeded to trade on the coast, the I'elire taking her route to the southward,
and the Iphigenia to the northward, confining themselves within the limits of 60° and 45° 30'
north, and returned to Nootka Sound in the month of September; that on your memorialist's
arrival there, his people, whom he had left behind, had nearly completed a vessel, which, previous
to his departure, he had laid down; and that the said vessel was soon after launched by your
memorialist, and called the North-II'est America, measuring about forty tons, and was eipiipped
with all expedition to assist him in his enterprizes. 

"That during the absence of your memorialist from Nootka Sound, he ohtaineil from
Wicananish, the chief of the district surrounding Port Cox and Port Effingham, situated in the
latitudes 48' and 49°, in cnti'^equence of considerable presents the promise of a free and exclusive
trade with the natives of the district, and also his permission to build any storehouses or other
edifices which he might judge necessary; that he also acquired the same privilege of exclusive
trade from Tatouche, the chief of the country bordering on the Straits of Juan de Fuca, and pur-
chased from him a tract of land within the said strait, which one of your memorialist's officers
took possession of in the King's name, calling the same Tatouche, in honour of the chief. 

"That the I phigenin, in her progress to the southward, also visited several ports, and in con-
sequence of presents 10 the chiefs of the country, her commander had assurances given to him
of not onlv a free access, but of an exclusi\-e trade upon that coast, no other European vessel hav-
ing been there before her. 

erif) 

656 APPENDIX 

"That your memorialist, on the 23d of September, having collected a cargo of furs, proceeded
in the Felice to China, leaving the Iphigenia and the North-West America in Nootka Sound, with
orders to winter at the Sandwich Islands and to return to the coast in the spring. That your
memorialist arrived in China early in the month of December, where he sold his cargo and also
the ship Felice. 

"Thai a few days after your memorialist's arrival in China, the ships Prince 0/ Hales and
Princess Royal, fitted out from the port of London by Messrs. John and Cadman Etches & Co.,
came to Canton from a trading voyage on the north-west coast of America ; and your memorialist,
finding that they had embarked in this commerce under licenses granted to them by the East
India and South Sea Companies, which would not expire until the year 1790, and apprehending
at the same time that the trade would suffer by a competition, he and his partners associated
themselves with the said Messrs. Etches & Co., and a formal agreement was executed in conse-
quence between your memorialist and Mr. John Etches, then Supra Cargo of the two ships, making
a joint stock of all the vessels and property employed in that trade; and under that firm they
purchased a ship, which had been built at Calcutta, and called her the Argonaut. 

"That the Prince of H'ales, having been chartered to load teas for the East India Company,
soon after returned to England ; and the Princess Royal and Argonaut were ordered by your
memorialist to sail for the coast of America, under the command of Mr. James Colnett, to whom
the charge of all the concerns of the Company on the coast had been committed. 

"Mr. Colnett was directed to fix his residence at Xootka Sound, and, with that view, to
erect a substantial house on the spot which your memorialist had purchased in the preceding
year, as will appear by a copy of his instructions hereunto annexed. 

"That the Princess Royal and .Argonaut, loaded with stores and provisions of all descrip-
tions, with articles estimated to be sufficient for the trade for three years, and a vessel on board
in frame, of about thirty tons burthen, left China accordingly in the months of April and May,
1789. They had also on board, in addition to their crews, several artificers of different profes-
sions, and near seventy Chinese, who intended to become settlers on tlie American coast, in the
service and under the protection of the associated Compan>'. 

"That on the 24th April, 1789, the Ipliigenia returned to Nootka Sound, and that the Sorth-
fVest America reached that place a few days after; that they found on their arrival in that port,
two American vessels which had wintered there; one of them was called the Columhia, the other
the Washington; that on the 29th of the same month the North-West .America was despatched to
the northward to trade, and also to explore the archipelago of St. Lazarus. 

"That on the 6th of May, the Iphigenia being then at anchor in Nootka Sound, a Spanish
ship of war, called the Princessa, commanded by Don Estevan Joseph Martinez, mounting twenty-
six guns, which had sailed -from the port of San Bias in the Province of Mexico, anchored in
Nootka Sound, and was joined on the 13th by a Spanish Snow of sixteen guns, called the San
Carlos, which vessel had also sailed from the port of San Bias, loaded with cannon and other
warlike stores. 

"That from the time of the arrival of the Princessa until the 14th of May, mutual civilities
passed between Captain Douglas and the Spanish officers, and even supplies were obtained
from Don Martinez for the use of the ship; but on that day he, (Captain Douglas) was ordered
on board the Princessa, and, to his great surprise, was informed by Don Martinez that he had
the king's orders to seize all ships and vessels he might find upon that coast, and that he, (the
commander of the Iphigenia) was then his prisoner; that Don Martinez thereupon instructed his
officers to take possession of the Iphigenia, which they accordingly did, in the name of his Catholic
Majesty, and the officers and crew of that ship were immediately conveyed as prisoners on
board the Spanish ships, where they were put in irons and otherwise ill-treated. 

"That as soon as the Iphigenia had been seized, Don Martinez took possession of the lands
belonging to your memorialist, on which his temporary habitation before mentioned had been
erected, hoisting thereupon the standard of Spain and performing such ceremonies as your
memorialist understands are usual on such occasions; declaring at the same time that all the
lands comprised between Cape Horn and the sixtieth degree of north latitude did belong to his
Catholic Majesty; he then proceeded to build batteries, storehouses, etc., in the execution of
which he forcibly employed some of the crew of the Iphigenia, and many of them who attempted
to resist were verv severely punished. 

APPENDIX 657 

"That during the time the commander of the Iphigeiiia remained in captivity, he had fre-
quently been urged by Don Martinez to sign an instrument, purporting, as he was informed (not
understanding himself the Spanish language) that Don Martinez had found him at anchor in
Nootka Sound, that he was at thai time in great distress; that he had furnished him with
everything necessary for his passage to the Sandwich Islands, and that his navigation had in no
respect been molested or interrupted ; but which paper, on inspection of a copy thereof delivered
to Mr. Douglas, and hereunto annexed (No. 2) appears to be an obligation from him and Mr.
Vinania, the second captain, on the part of their owners, to pay on demand the valuation of that
vessel, her cargo, etc., in case the viceroy of New Spain should adjudge her to be lawful prize
for entering the port of Nootka without the permission of his Catholic Majesty; that Captain
Douglas, conceiving that the Port of Nootka, did not belong to his Catholic Majesty, did fre-
quently refuse to accede to this proposal; but that Don Martinez, partly by threats, and partly
by promises of restoring him to his command and of furnishing him with such supplies of stores
and provisions as he might stand in need of, ultimately carried his point; and having so done, he,
on the 26th of the same month, was restored to the command of the Ipliigenia, but restrained from
proceeding to sea until the return of the North- II' est America, insisting that he should then
dispose of her for four hundred dollars, the price which one of the .'\merican captains had set upon
her. 

"That during the time the Spaniards held possession of the Iphigenia, she was stripped
of all the merchandise which had been provided for trading, as also of her stores, provisions,
nautical instruments, charts, etc., and, in short, every other article (excepting twelve bars of
iron) which they could conveniently carry away, even to the extent of the master's watch and
articles of cloathing. 

"That the Commander of the Iphigenia, finding himself thus distressed, applied for relief, and
after much solicitation obtained a trifling supply of stores and provisions, for which he was called
upon to give bills on his owners. The articles so supplied were charged at a most exorbitant
price, and very unequal in quality or quantity to those which had been taken from him. 

"That notwithstanding what had been insisted on by Don Martinez, respecting the sale of
the North-H^est America, he had constantly refused to dispose of that vessel on any ground,
alleging that, as she did not belong to him, he had no right to dispose of her; that the North-
West America not returning so soon as was expected, he, (Captain Douglas) was told by Don
Martinez, that on his ordering that vessel to be delivered to him for the use of his Catholic
Majesty, he should have liberty to depart with the Iphigenia; that he accordingly on the ist of
June, wrote a letter to the master of the North-II'esl America, but cautiously avoided any di-
rections to the effect desired, and availing himself of Don Martinez's ignorance of the English
language, he instantly sailed from Nootka Sound, though in a very unfit condition to proceed
on such a voyage, leaving behind him the two American vessels which had been suffered to
continue there unmolested by the Spaniards from the time of their first arrival; that the Iphigenia
proceeded from thence to the Sandwich Islands, and after obtaining there such supplies as they
were able to procure with the iron before mentioned, returneil to China and anchored there in
the month of October, 1789. 

"Your memorialist thinks it necessary uptm this occasion to expiain, that in order to
evade the excessive high port charges demanded by the Chinese from all other Kuropean nations
excepting the Portuguese, that he and his associates had obtained the name of Juan Cawalho to
their firm, though he had no actual concern in their stock; that Cawalho, though by birth a Portu-
guese, had been naturalized at Bombay, and had resided there for many years under the protection
of the Kast India Company, and had carried on an extensive trade from thence to tl\eir several
settlements in that part of the world. 

"That the intimacy subsisting between Cawalho and the Governor of Macao, had been the
principal cause of their forming this nominal connection, and that Cawalho ha<l in conse-
quence obtained his permission that the two ships above mentioned, in case it should be found
convenient so to do, should be allowed to navigate under, or claim any advantages granted to
the Portuguese flag. 

"That this permission had answered the purpose of your memorialist, so far as respected th^
port charges of the Chinese, until the return of the Iphigenia ; but the Portuguese governor dying
soon after her departure, and Cawalho becoming a bankrupt, his creditors demanded his interest
in that ship; that your memorialist having resisted their claim, ati application was made by them 

Vol. 1—42

78 BRITISH COLUMBIA 

In the course of this voyage, Cook acquired a mass of valuable
information respecting the extensive archipelagoes of the mid-Pacific
Ocean, all of which is duly set down in the official journal of the
expedition. It would be interesting, as well as instructive, to spread
upon these pages Cook's luminous description of that island world,
but the story is scarcely germane to the subject under discussion. It
will suffice that the explorer, with the aid of Anderson, the surgeon,
and Webber, the artist, vividly portrays the appearance, manners,
customs and social institutions of the primitive inhabitants of these
islands. 

After a monotonous voyage of a little over a month, in the course
of which the vessels did not lose sight of each other, the coast of
Oregon was sighted at a distance of ten or twelve leagues. Cook
had instructed his navigating officer to reach the coast about the
45th parallel and an observation at noon of March 7th (1778)
revealed the fact that the ship's position was 44° 33' north latitude,
236° 30' east longitude. The land appeared to be of a moderate
height, diversified with hill and valley and almost evcrjrwhere
covered with trees, but no distinguishing promontories or capes
marked its shores, with the exception of one flat-topped hill, upon
which Cook bestowed the name Cape Foulweather. From that point
the Resolution and the Discovery sailed slowly up the coast, the ves-
sels experiencing the unsettled climatic conditions common to that
region in that season of the year. In this respect the British expedi-
tion was not more fortunate than the Spanish vessels under Perez
and Heceta. In the circumstances it was not possible always to sail
close to land; nevertheless, the land was rarely out of sight and it
»vas generally seen quite clearly. The coast appeared almost straight,
without any opening or inlet. The northern and southern extremes
of the land formed distinct points named respectively Cape Perpetua
and Cape Gregory, the former being in latitude 44° 6' and the latter
in 43° 30'. It is worth observing, Cook remarks, that almost in this
very latitude geographers had placed the Cape supposed to have
been discovered or seen by Martin d'Aguilar in January, 1603, and
the large opening or strait the discovery of which was also ascribed
to that navigator; but careful search in nowise tended to verify the
statements ascribed to him. 

A severe gale, from the northwest, accompanied by flurries of
snow, at this time forced Cook to clear the coast. He was driven 

T 

it 

r 

■y 

V'^c<-' 

y 

Vv^ yri-«- 

-trj// 

■ ^.-vH^-S^'Ziv ;(^ .r^..-^- ^*- ^'^*^T ' ' 

A I 

«j^ Ao--*^ Ir"-^ 

'tr. 

Tk^^ ^6m »^^^i^^'^ 

AUTOGRAPH LETTER BY CAPTAIN JAMES COOK TO CAPTAIN CLERKE, UPON THE
DEPARTURE OF THE EXl'EniTION FROM THE SANDWICH ISLu\NDS, 

.lANL'AUY, 1T78