account of the dispute relative to the possession of Nootka Sound, with the Court of Spain, which in its results was of great importance as establishing our right to carry on the whale-fishery in the South Seas, which, as well as the fur-trade, was questioned, may be interesting to our readers, as it has in most histories been passed over as a subject of little moment. We shall accordingly transcribe an account of all the circumstances attending it from the "Pictorial History of the Reign of George the Third." After mentioning Captain King's statements relative to the great advantages to be derived from a fur-trade between the north-west coast of America and China, the author thus proceeds : "About the beginning of the year 1786, some English merchants, under the immediate protection of the East India Company, fitted out two vessels in order to try to make a beginning. The command of one of these vessels, named the 'Nootka,' was given to Mr. Mears, who had been a lieutenant in the royal navy; that of the other, to a Mr. Tippin. In the month of March of the same year, Tippin was despatched to Prince William's Sound, and was soon followed by Mears. Tippin lost his vessel on the coast of Kamtschatka; but Mears got safely to Prince William's Sound, wintered there, and opened what he called 'an extensive trade with the natives. Having collected a cargo of furs, he repaired to China in the autumn of 1787. In January 1788, having disposed of the Nootka,' he, in conjunction with other British merchants, purchased two other vessels, named the 'Felice' and 'Iphigenia,' with which he repaired to Nootka Sound. He arrived there in June, and immediately concluded a bargain with a native chief for a spot of ground. Here he presently built a house, and on it hoisted a British flag, surrounding it with a breast work, and fortifying it with one three-pounder. This being completed, he proceeded to trade for more furs to China. One vessel he sent along the American coast to the southward, and the other he sent northward, both vessels, he says, confining themselves within the latitudes of 60° and 45° 30′ north. But he did not employ all his people in fur-gathering: he left some behind in the house he had built at Nootka Sound; and, during his absence, these industrious, enterprising fellows built a vessel measuring about forty tons. On his return this vessel was launched, named the North-west American,' rigged and equipped with all expedition, to assist him in his commercial enterprizes. These were certainly bold and extensive. He had bargained with the native chiefs for grants of land at various points of the American coast, where, he says, no European vessel had ever been before; he had procured a great quantity of furs, and had entered into arrangements for procuring much larger supplies for the future. On the 23d of September, 1788, Mears sailed in the 'Felice' for China. He reached Canton in safety, sold both ship and cargo, entered into partnership with a respectable English firm, who, to carry out his plans, and extend this promising trade, put two ships at his disposal, the 'Princess Royal,' a London River-built vessel, and the 'Argonaut,' built at Calcutta. Mears did not return to Nootka Sound himself, but gave the command of the two ships to Mr. Colnette. The two ships were loaded with articles estimated to be sufficient for the trade of three years; and they carried, over and above the crews, several artificers of different professions, and about seventy Chinese, who intended to become settlers in the fur country, under the protection of the English. The two ships set sail from China in the spring of 1789. The Iphigenia' and the North-west American,' which Mears had left behind him, had wintered at the Sandwich Islands, but returned to Nootka Sound in the month of April, where they found two American vessels, the Columbus' and the Washington,' which had both wintered in Cook's Harbour or Friendly Cove. After a short stay, the Nootka-Sound-built vessel, the North-west American,' was sent to trade to the northward, and also to explore the Archipelago of St. Lazarus-for geographical survey and discovery were nicely linked with this new trade in unknown or very little known quarters of the earth and seas. But the 'Iphigenia' remained behind in Nootka Sound, and was pleasantly sleeping there on her anchor, when, on the 6th of May (1789), a Spanish ship of war of twenty-six guns, from San Blaz in Mexico, came and anchored in the same quiet harbour, and was soon joined by a Spanish snow from the same place, mounting sixteen For and carrying in her hold a good many more cannons and other warlike stores. guns, some time mutual civilities passed between the Spanish officers and Captain Douglas, whom Mears had left in the 'Iphigenia' as a sort of commmodore and deputy-governor. But, on the 14th of May, Douglas was ordered on board the Spanish ship of war, and informed by Don Estevan, the captain, that he had the King of Spain's orders to seize all ships that he might find upon that coast, and that he (Douglas) must consider himself a prisoner. The Spaniards then took possession of the 'Iphigenia,' and conveyed the officers and men on board their own ships, where, according to Mears, these Englishmen were put in irons, and otherwise ill-treated. The Don in command then took possession of Mears's house, with its breast work, three-pounder and all, pulled down the British flag, and hoisted the standard of Spain thereon; declaring, at the same time, that all the lands comprised between Cape Horn and the sixtieth parallel of north latitude belonged to his Catholic Majesty; and the Spaniards then proceeded to build batteries, storehouses, &c., forcibly employing some of the crew of Douglas's vessel, the 'Iphigenia,' and severely punishing several who refused to perform this very vexatious task-work. The two United States vessels remained unmolested in the cove all this time. After the Iphigenia' had been stripped of all her merchandize, stores, provisions, &c., even down to the master's watch and clothing, Douglas and his people were restored to her, and told that they might go to the Sandwich Islands. But Douglas could go nowhere without provisions; and it was not until he consented to sign bills upon his owners, at an exorbitant rate, that the Spaniards would supply him with necessaries. He was tripping his anchor to be gone; but now he was told he must not go until the 'Northwest American' should return to Nootka. After some days, however, as that craft did not return, he was told he might depart, on leaving orders for the master of the North-west American' to deliver her up, on his arrival, for the use of his Catholic Majesty. Douglas wrote a letter for the master accordingly; but, availing himself of the Don's ignorance of the English language, he omitted giving any directions for delivering up the vessel. Douglas then sailed from Nootka Sound, leaving behind him the Spaniards and the two United States vessels. He got safely to the Sandwich Islands, and thence to Canton, where he anchored in October 1789. Shortly after his departure from Nootka, on the 9th of June, the Northwest American' reached that harbour, and was instantly seized as a lawful prize, and by the employment of force, for the Don had learned the real purport of the letter which Douglas had left for the master-had learned it, no doubt, from one of the United States skippers, who appears to have known a little Spanish, and who, before Douglas's departure, had fixed, for Don Martinez, the value of the little Nootka Sound craft at four hundred dollars*. Her cargo, consisting of 215 skins of the best quality,' her stores and furniture, were confiscated, and her crew were made prisoners. But the Don, who appears to have been of a commercial turn himself, soon after this seizure employed the North-west American' on a trading *"Don Estevan José Martinez-for such appears to have four hundred dollars, the value set upon her by one of the been the name of the Spanish Commodore—said to Douglas American captains." that he would dispose of the North-west American' for voyage, from which she returned in twenty-five days, with more skins, obtained in exchange for British goods which had been seized in her own hold or taken out of the 'Iphigenia.’ The value of the skins obtained for these goods was estimated at seven thousand five hundred dollars, all which Don Estevan applied to his own use. Soon after, the 'Argonaut,' one of the ships that Mears had sent from China so well stocked, came into Nootka Sound, and was taken forcible possession of by the Spaniards, who, it is said, threatened to hang Mr. Colnette at his own yard-arm if he offered any resistance to orders. This was on the 3d of July. On the 13th, the Princess Royal,' the other English vessel despatched from Canton, arrived, and was seized in the same manner. This vessel, which had been previously along the coast, had on board 473 very valuable skins. Poor Colnette became frantic, and attempted to destroy himself. The crew of the North-west American' were put on board one of the United States vessels, which carried them to China; but the Argonaut' and 'Princess Royal' were sent, with their crews, as fair prize and prisoners, to San Blaz in Mexico. Don Estevan and the Spaniards that remained at Nootka Sound, in the intention of forming a regular settlement, had taken the seventy Chinese out of the two English ships, and set them to work like slaves. Such is the English account of these curious transactions *. C "Our Government must have had some specific information on the subject by the end of April, for, as early as the 16th of May, Mr. Merry, our minister at Madrid, laid before that court a strong remonstrance. The King of Spain seemed disposed neither to yield nor yet to risk a war. He transmitted a declaration, dated the 4th of June, to all European courts, on the subject of the 'unexpected dispute between his court and Great Britain, as to vessels captured in Port St. Lawrence or Nootka Sound, on the coast of California, in the South Sea. In this state-paper it was declared that his Catholic Majesty at no time pretended to any rights in any ports, seas, or places, other than what properly belonged to his crown, and had been recognised by all nations: that his Majesty was ready to enter upon any examination and discussion most likely to terminate the dispute in an amicable way, and was willing to enter into immediate conference, and, if justice required it, to punish his subjects if they had exceeded their lawful powers, hoping that this offer of satisfaction would serve as an example to the court of London to do as much on its part. The paper further stated, that, when the Spanish ambassador, for the first time, made a notification of this matter to the British cabinet, on the 10th of February last, many of the circumstances that were now certain were then doubtful: that the rights and immemorial possession of Spain in that coast and those ports were still not quite certain: that, if the court of London had then made an amicable return to the complaints made by his Majesty relative to those English traders whom Spain regarded as intruders and violators of treaties, and had showed any desire to terminate the affair by an amicable accommodation, a great deal of unnecessary expense might have been spared: that the high and menacing tone and manner in which the answer of the British minister was couched, at a time when no certain information of the particulars had arrived, made the Spanish cabinet entertain some suspicion that such language was adopted not so much with a view to the dispute in question as to create a pretext to break entirely with Spain; and that thereupon his Catholic Majesty had thought it necessary to take some precautions. The declaration endeavoured to explain the notion which the Spanish court "Memorial presented by Lieutenant Mears to the Right Honourable W. Wyndham Grenville, one of his Majesty's Principal Secretaries of State.-This memorial is accompanied with the depositions of the officers and crew of the North-west American,' extracts from the journal or logbook of the Iphigenia,' and other documents." "It must be borne in mind that the armament in the ports of Spain had been begun before this dispute; and that the great provocation in the eyes of the British cabinet was the assertion of right by Spain to an immense line of coast, and to numerous groups of islands, where she had not and never had had possession." * entertained as to its proper rights and claims. It said, enemies to peace had industriously circulated the charge that Spain extended pretensions and rights of sovereignty over the whole of the Pacific or South Sea as far as China; but when the words were made use of, ' in the name of the king, his sovereignty, navigation, and exclusive commerce to the continent and islands of the South Sea,' it was in the sense in which Spain, in speaking of the Indies, had always used these words; that is to say, in reference to the continent, islands, and seas which belonged to his Catholic Majesty, so far as discoveries had been made and secured to him by treaties and immemorial possession, uniformly acquiesced in notwithstanding some infringements by individuals, who had been punished upon knowledge of their offences. Although Spain,' said his Catholic Majesty, might not have had establishments or colonies planted upon the coasts or in the ports in dispute, it does not follow that such coast or port does not belong to her. If this rule were to be followed, one nation might establish colonies on the coasts of another nation, in America, Asia, Africa, and Europe; by which means there would be no fixed boundaries—a circumstance evidently absurd.' In conclusion, the paper declared that the capture of the English vessel was repaired by the restitution that had been made, and by the conduct of the Viceroy of Mexico; that, as to the qualification of such restitution, and whether the prize was lawful or not, that regarded the question of right which remained to be investigated; and that his Catholic Majesty would readily enter into any plan by which future disputes on this subject might be obviated, and a solid and permanent peace established not only between Spain and Great Britain, but also between Spain and all nations. At the beginning of June, Mr. Fitzherbert arrived at Madrid, with full powers from the British government to enter upon, and, if possible, settle the points of dispute between the two countries. On the 13th of June, Count Florida Blanca, first secretary of state, delivered a memorial to Mr. Fitzherbert, in which the indubitable rights—the exclusive rights of property, navigation, and commerce-of his Catholic Majesty to the continent, islands, harbours, and coasts of that part of the world vaguely designated as the Spanish West Indies, were re-asserted, and were further supported by a reference to treaties, and more especially to the eighth article of the treaty of Utrecht. This article, like the major part of that ill-arranged treaty, was altogether vague and indefinite, for it merely stipulated that the navigation and commerce of the West Indies under the dominion of Spain should remain in the precise situation in which they stood in the reign of his Catholic Majesty Charles. The article conveyed no right to the whole western American coast, and to all the islands in the Pacific, lying off it at less or greater distances, and of which islands many had then never been touched at or visited by any European nation: it did not, and could not confer a possession which had never existed: it never contemplated closing thousands of leagues of coast, and ports and islands innumerable, to all the flags of the world, except the flag of Spain: it could not assert the monstrous doctrine, that what Spain was incapable of possessing and using should never be possessed and used by other more enterprising, more industrious, and now far more powerful nations. Florida Blanca, however, in his memorial, said that the vast extent of the Spanish territories, navigation, and dominion on the continent of America, isles, and seas contiguous to the Great South Sea, was clearly laid down; that it was 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 had still preserved her possessions entire, and opposed with success those usurpations, by constantly sending her ships to take possession of such settlements; and that by these "This is far from being true: the buccaneers of an earlier date, and the more lawful navigators and discoverers of a recent date, had visited and laid claim, by right of discovery, to innumerable places to which no Spanish ships measures and reiterated acts of possession Spain had preserved her dominion, and extended it to the Russian establishments in that part of the world—or, in other words, had established a right to all the American coast that lies on the Pacific, from Cape Horn to Alashka or Onalaska. The memorial continued:-‘ The Viceroys of Peru and New Spain having been informed that these seas had been for some years past more frequented than formerly; that smuggling had increased; that several usurpations prejudicial to Spain and the general tranquillity had been suffered to be made; they gave orders that the western coasts of Spanish America, and islands and seas adjacent, should be more frequently navigated and explored.' It mentioned, as the King of Spain's declaration had done before, that complaints had been made to the court of St. Petersburgh relative to similar points about the navigation of the South Sea; and it stated that several Russian vessels, advancing from the northward, had been upon the point of making commercial establishments upon that coast; that the court of Spain, in consequence, had demonstrated to Russia the inconveniences attendant upon such encroachments; that hereupon the court of Russia replied that it had already given orders that its subjects should make no settlements in places belonging to other powers, and that, if those orders had been violated in Spanish America, the Empress desired the King of Spain would put a stop to them in a friendly manner; and that to this pacific language on the part of Russia, Spain had observed that she could not be answerable for what her officers might do at that distance, their general orders and instructions being not to permit any settlements whatever to be made by other nations in the dominions of Spanish America. The memorial went on to complain that several trespasses had been made by the English on some of the islands of those coasts, which had given rise to complaints similar to those which had been made to Russia before the seizure of any English vessel, and before it was known to Spain that the English were endeavouring to make any settlement in those parts. It asserted that what was intended at Nootka Sound became first known when a Spanish ship of war, making the usual tour of the coast of California, found two United States vessels in Nootka harbour. These vessels, it said, the commanding officer had permitted to proceed on their voyage, it appearing from their papers that they were driven there by distress, and only came in to refit. [These United States vessels had been in Nootka Sound for months, and one of them, the Washington,' had been allowed to continue her trade in furs upon the coast, after the arrival of the Spanish force, and under the eye and with the direct countenance of the Spanish commanding officer Don Estevan. It might very well be, for the practice was common with the ill-paid officers of Spain on this remote service, that Don Estevan was merely seeking his own profit and advantage in his curious dealings with the two United States captains; but it looked nevertheless in England like an invidious distinction, or like a design on the part of Spain to provoke a serious quarrel.] The memorial gave a very different account of the seizure of the 'Iphigenia' from that given by Douglas, and included in Mears's memorial to Mr. Grenville. It said that the Iphigenia' hoisted, not English, but Portuguese colours, and showed a passport from the Portuguese governor of Macao; that, though it was manifest that the vessel had come with a view to trade there, yet the Spanish officer had given the captain leave to depart upon his signing an engagement to pay the value of the vessel, should the governor of Mexico declare it a lawful prize. Not a word was said of the seizure and appropriation of all the merchandize, stores, provisions, &c., in the Iphigenia.' Besides this vessel,' said Florida Blanca's memorial, there came a second, which the admiral detained; and a few days after a third, named the 'Argonaut,' from the above-mentioned place. The captain of this latter was an English |