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PREFACE

The French revolutionary period contains so much of greater importance that historians have neglected the Nootka Sound incident. Of the few writers who have discussed it, the majority have written from a partisan standpoint, or, if impartial themselves, have drawn their information from partisan pamphlets. The consequence is that many errors regarding it have crept into the work of the best writers. The purpose of this monograph is to give a more extended account, drawn largely from unpublished sources, and to correct as many of the errors as possible.

Besides working over the documents that have been published and the accounts that have been written, a thorough search has been made in the archives of the Indies at Seville, in the national historical archives at Madrid, and in the British Museum and the public record office at London. A less thorough search has been made in the archives of foreign affairs at Paris and the archives of the Department of State at Washington. More than 500 pages of unpublished documents relating to the dispute have been transcribed and used. The classified bibliography at the close will make clear the sources of information and their relative value.

My acknowledgments are due to the following persons for valuable assistance: To my wife, who worked with me continually for two and a half months in the Spanish archives and the British Museum, and who has criticised my manuscript and read the proof sheets; to Prof. J. F. Jameson, whose untiring interest has been a constant source of inspiration, and to whose aid and painstaking suggestions are largely due any merits that the monograph may possess; to Prof. A. C. McLaughlin, for research in the archives at Washington; to Prof. F. J. Turner, for manuscripts and other material from his own collection. Besides these, I wish to make special mention of the kindness and assistance of Se?or Pedro Torres-Lanzas, director of the archives of the Indies at Seville, and of Se?or Vicente Vignau y Ballester, director of the national historical archives at Madrid.

INTRODUCTION.

Nootka Sound is a small inlet on the western shore of Vancouver Island. It was christened and made known to the world by Captain Cook in 1778. A few years afterwards a flourishing fur trade sprang up between the Northwest Coast and China. Nootka became the center of this trade, though it remained for several years without any settlement except an Indian village. On account of its sudden and growing importance, the Russians, English, and Spaniards all laid plans for occupying the port. It happened that all planned to carry out the project in the year 1789, a year that meant so much for the subsequent history of the world. Though the Nootka incident can make no claim to rank in importance with the great events of that year, yet it was destined to have an influence on the movements then started and to be influenced in turn by them.

The Russian plans were not acted upon, but the plans of the other two were. An English expedition from India and a Spanish from Mexico each sailed in the spring of 1789 to establish a colony at Nootka. The promoters of neither knew anything of the other. The Spanish commander arrived first and took possession. Nearly two months later the Englishman came. A quarrel ensued. The Spaniard seized the Englishman, imprisoned him, his officers and crew, and sent them to Mexico as a prize. A consort vessel arrived a few days later and met the same fate. Two other English vessels had been seized earlier. One of them had been released on bond and the other had been confiscated without adjudication.

The Viceroy of Mexico, instead of acting on his own responsibility, reported the matter to the Government at Madrid. The Spanish Court complained to the British that subjects of the latter had violated the territorial sovereignty of the former, and demanded that the offenders be punished to prevent such enterprises in the future. The British Cabinet rejected the Spanish claim to exclusive sovereignty over the territory in question, and suspended all diplomatic relations until Spain should have offered a satisfactory reparation for the insult which His Britannic Majesty felt that his flag had suffered. Each Court refused to grant the demand of the other and stood firmly on the ground originally taken. To support their respective claims, both Governments made the most extensive armaments. Each nation also called upon its allies for assurances of support and entered negotiations for forming new alliances. For a time it seemed that all Europe would be drawn into war over what, on the face of it, appeared to be an insignificant quarrel between two obscure sea captains.

Speaking of the controversy Schoell says that a few huts built on an inhospitable coast and a miserable fortification defended by rocks were sufficient to excite a bloody war between two great European powers and gave birth to a negotiation which for several months absorbed the attention of all of the maritime powers of Europe. Similar statements were made by other writers within a few years after the incident. Most historians who have touched upon it have either treated it from a partisan standpoint or have considered it of too little importance to merit careful inquiry into the facts.

But far from being merely a dispute over a few captured vessels and a comparatively unimportant trading post, it was the decisive conflict between two great colonial principles, of which England and Spain were, respectively, the exponents. Spain still clung to the antiquated notion that the fact of the Pacific Ocean's having been first seen by a Spaniard gave his Government a right to all of the lands of the continent which were washed by it. This fact, added to the gift of the Pope, was sufficient to convince the Spanish mind that Spain had a valid title to the whole of the western coast of both Americas. On the other hand, England had long been acting on the now universally accepted principle that mere discovery is an insufficient title, and that land anywhere on the globe not controlled by any civilized nation belongs to that nation which first occupies and develops it.

The settlement of the controversy determined the subsequent position of England and Spain on the Northwest Coast. Later, after the United States had bought the Spanish claim, the Nootka Sound affair became a part of the Oregon controversy. For a time the dispute threatened to change the course of the French Revolution. It menaced the existence, or at least the expansion, of the United States. It promised to substitute English for Spanish influence in Latin America.

THE ENGLISH PLANS FOR OCCUPYING NOOTKA SOUND.

As early as 1785 instructions were given looking toward the establishment of an English trading post on Nootka Sound. In this year an English commercial company instructed the commander of one of its vessels to establish a post on the northwest coast of America for "securing the trade of the continent and islands adjacent." King Georges Sound was suggested as being "in every respect consistent with the intent of forming such establishment."

It was intended that this expedition should be preliminary to the planting of an English commercial colony. In mentioning the fact that one vessel was destined to remain out much longer than the other, Meares says that she was to leave the coast of America at the close of the year and go to the Sandwich Islands for the winter. The next year she was "to return to America, in order to meet her consort from China with a supply of necessary stores and refreshments sufficient for establishing factories and extending the plan of commerce in which we were engaged." Probably to prove the feasibility of constructing such factories, Meares took with him on this preliminary trip the material and workmen for building a small trading vessel, which would necessitate the erection of some sort of establishment to protect the workmen and tools during the process of construction. In the instructions for the voyage no mention is made of the vessel to be constructed or of any establishment, either temporary or permanent, but plans were laid for a second expedition. Speaking of the proposed meeting of the two vessels constituting the expedition, which meeting was to be at Nootka at the close of the summer trading season of 1788 previous to the sailing of one vessel to China with the furs collected, the proprietors instructed Meares to appoint "a time and place of rendezvous, that you may receive the instructions and refreshments we may send you next season."

It is well to notice at the outset the double instructions and the double national character of the expedition, though the importance of the fact will become more evident later. As far as the instructions to Meares are concerned, or his repetition of them to Douglas, the ships were purely English in character, Daniel Beale, of Canton, China, being the ostensible agent. But later, when one of them came into conflict with the Spaniards, it was just as purely Portuguese to all external appearances. It was flying Portuguese colors and was commanded by a Portuguese captain, with instructions in his own language, given by a merchant of the same nationality living at Macao, China. In these papers the real commanders appeared as supercargoes.

The vessels sailed from China in the latter part of 1788. Besides the regular crew, each carried a number of European artisans and Chinese smiths and carpenters. The latter, Meares says, were shipped on this occasion as an experiment because of their reputed hardiness, industry, and ingenuity, and also because of their simple manner of life and the low wages demanded. He observes that "during the whole of the voyage there was every reason to be satisfied with their services," and adds: "If hereafter trading posts should be established on the American coast, a colony of these men would be a very important acquisition." Of the 90 men on the two ships 50 were Chinese. In view of the importance of the Chinese element in the population of the Western States, it is a significant circumstance that they figured so largely in this very first venture. And, considering the subsequent rush of these people to the New World, it is worthy of notice that on this occasion "a much greater number of Chinese solicited to enter into this service than could be received," and those who were refused "gave the most unequivocal marks of mortification and disappointment." "On the voyage the artisans were employed in preparing articles of trade for the American market. ... The carpenters were also at work in preparing the molds and the models for a sloop of 50 tons that was designed to be built immediately on our arrival in King Georges Sound, as such a vessel would be of the utmost utility not only in collecting furs, but in exploring the coast." In speaking of the work necessary for the enterprise, Meares says: "Our timber was standing in the forests of America, the ironwork was as yet in rough bars on board, and the cordage which was to be formed into ropes was yet a cable." On May 13, after a passage of three months and twenty-three days from China, they "anchored in Friendly Cove, in King Georges Sound, abreast of the village of Nootka."

The natives received them in a friendly manner, and operations were soon begun to carry out their shipbuilding enterprise. Meares says:

Maquilla had not only most readily consented to grant us a spot of ground in his territory whereon a house might be built for the accommodation of the people we intended to leave there, but had promised us also his assistance in forwarding our works and his protection of the party who were destined to remain at Nootka during our absence. In return for this kindness, and to insure a continuance of it, the chief was presented with a pair of pistols, which he had regarded with an eye of solicitation ever since our arrival.

This is Meares's account of the transaction to which he referred in his memorial two years later as a purchase of land. It was by this transaction that the English Government claimed to have acquired a title not only to this spot, but to the whole of Nootka Sound. There is nothing in his narrative which indicates that at the time Meares had any thought of acquiring a permanent title, either for himself or for his Government. Neither is there any unmistakable indication to the contrary. Under these circumstances any title to sovereignty thus acquired would have to depend on subsequent operations.

In the instructions just mentioned nothing is said regarding any settlement to be made at Nootka the succeeding year. There is a statement, however, in the narrative that indicates unmistakably the intention of planting a colony of some considerable extent. The writer says that early in September, when the natives were leaving for the winter settlement up the sound, "we made these chiefs sensible in how many moons we should return to them, and that we should then be accompanied by others of our countrymen, and build more houses and endeavor to introduce our manners and mode of living to the practice of our Nootka friends." He speaks of their pleasure at hearing this and of their promise of large quantities of furs; then narrates an elaborate ceremony of coronation performed by the chief, Maquilla, and his companions, which, he says, was intended as a recognition of his superiority and sovereign power over them. If Meares understood that by this childish act of crowning he acquired for Great Britain sovereign rights over the district, he makes no effort to emphasize the fact. The statement, if true, is of more value as showing a definite intention to establish a colony the following year. It is not impossible, however, that both of these are cunningly contrived and rather overdrawn fabrications of a later date to strengthen his case before the Government or in the eyes of the public. Greenhow and Bancroft both seem to draw a line between Meares's narrative and his memorial, considering the former more trustworthy since the latter was written for the express purpose of convincing the cabinet of the justice of his cause. If the narrative were the original log of the vessel instead of a subsequent account simply using that log as its basis, the reason for the distinction would be clear. But besides the indications in the preface and the date, November 16, 1790, attached to the preface, there are internal evidences that the narrative was not written, at least not completed, until Meares knew of the operations of the Spaniards at Nootka in 1789. Hence there is no reason why it should not be influenced by the same partisanship and selfish interest.

But whether he really did or did not make the statement to the chiefs in September, 1788, concerning planting a colony the next year, he proceeded exactly as he would be expected to have proceeded had he made it. The question as to what became of the house built in 1788, whether it was given to the chief as promised, or whether it was torn down by Douglas before leaving for the Sandwich Islands, according to the testimony of the American captains, Gray and Ingraham, does not greatly affect the case, if the Englishmen really intended to continue the occupation in 1789, as they unquestionably did. If there were nothing else to consider, and if the title to sovereignty rested wholly on actual occupation, whether that occupation be by persons of a public or private character, then England had a better claim than Spain to the sovereignty of Nootka Sound at the beginning of the year 1789. But there are other things to consider. It remains to be seen whether or not they outweigh this English advantage.

A clear notion of the character of the expedition thus placed under the command of Colnett may best be obtained by a careful examination of the instructions given to him before his departure from China. The copy of these that was submitted with Meares's Memorial is dated Macao, April 17, 1789, and signed "J. Meares, for Messrs. Etches, Cox & Co." A Spanish translation of the same, copied from the papers that fell into the hands of the Spaniards, is signed "Daniel Beale, for himself and for Messrs. Etches, Cox & Co." While this discrepancy has no importance in discovering the intent of the expedition, it casts a side light on the veracity of Meares. The Spanish copy is preferably to be trusted, since no motive is apparent for their changing the signature. In these instructions strictly honorable dealings and careful attention to their needs is enjoined in all his intercourse with other vessels, whether English or foreign. Cruelty to the natives is to be prevented under penalty of condign punishment for offenders. He was to form a treaty, if possible, with the various chiefs, especially those near Nootka. The purpose was to monopolize the trade of the district and so conquer competitors honorably and creditably. They were so anxious to form such treaties that he was authorized to protect allies from insult from all persons. The factory planned was to be a "solid establishment, and not one that is to be abandoned at pleasure." Colnett was authorized to fix it at the most convenient place, so that the colony would be protected from the least sinister accident. It was to receive the name "Fort Pitt." R. Duffin was to be invested with the superintendence of it.

THE SPANISH PLANS FOR OCCUPYING NOOTKA SOUND--THE CONFLICTING CLAIMS BEFORE 1789.

The Spanish name of most importance in connection with affairs at Nootka is that of Estevan Jos? Martinez. Besides playing the chief r?le in the drama enacted there in 1789, which proved to be but the prelude to a greater drama played in Europe the following year, it was he who first suggested the planting of a Spanish colony at this point. This is contrary to the notion prevalent in the minds of the diplomats when the controversy was at its height, a notion which has been more or less accepted ever since, viz, that one or more of the Governments concerned had engaged in the enterprise with malice aforethought, having some ulterior end in view. These suspicions will be discussed in their proper place. At present it suffices to show, from documentary sources, the actual genesis of the original Spanish expedition.

On the return of Martinez, late in 1788, from a voyage to Alaska, where he had gone under a royal commission to investigate the Russian settlements on the coast, he reported to Florez, the Viceroy of Mexico, as follows:

This letter was written from the port of San Blas on December 5, 1788. Only eighteen days later the Viceroy wrote from the City of Mexico to the home Government that he had determined to occupy Nootka at once, although the royal orders did not warrant him in so doing. On the same day Martinez was commissioned to carry out the enterprise, and his instructions were sent to him. In his letter to Madrid, the Viceroy says "the essential object of this new expedition is no other, as I have indicated, than the anticipation of the Russians in taking possession of the port of San Lorenzo or Nootka." Ten days later, in justification of his action, he wrote that it was true he was forbidden to incur expenses without special royal order, but since this was an extraordinary case, demanding prompt action, he begged for the royal approval. This approval was granted, but not until April 14, 1789, when Martinez was already well on his way to Nootka. It could not have been known in America in time to affect the events at Nootka. Far, then, from there being any ground for the suspicion that the Spanish Government had ordered the seizure of English vessels, which resulted from this undertaking, the Madrid Government did not so much as know that the expedition was to be sent until long after it had sailed. Further, even in the mind of the Viceroy, there was not the slightest thought of any interference with the English, the expedition being directed solely against the Russians. It is also seen that whatever glory it promised for Spain, or whatever opprobrium attached to Spain because of the unfortunate events connected with it, must be placed largely to the credit of Martinez. But he was not wholly responsible, since his plan was authorized by the Viceroy and later approved by the home Government.

It is a fact of some significance, as an indication of the political sagacity of the Viceroy, that he apprehended much more danger to Spanish dominion on this coast from the new United States than from England or even Russia. While the English were only mentioned in connection with the known plans of Russia, considerable space was devoted to discussing a probable attempt of the American colonies to obtain a foothold on the western coast. As proof he mentioned the fact that an American ship, which had touched at the islands of Juan Fernandez in the same year, had continued its voyage to the coast. He expressed a suspicion that it had this end in view. He told also of an overland trip made in 1766-67 from the English colonies, and closed his observations on this point with the prophetic statement: "We ought not to be surprised that the English colonies of America, being now an independent Republic, should carry out the design of finding a safe port on the Pacific and of attempting to sustain it by crossing the immense country of the continent above our possessions of Texas, New Mexico, and California." He added: "Much more might be said of an active nation which founds all of its hopes and its resources on navigation and commerce," and mentioned the immense value to them of a colony on the west coast of America. He continued: "It is indeed an enterprise for many years, but I firmly believe that from now on we ought to employ tactics to forestall its results; and the more since we see that the Russian projects and those which the English may make from Botany Bay, which they have colonized, already menace us." It was, then, he said, to dissipate for the future the dormant possibilities of the present that he was taking the extraordinary step of formally occupying the port of Nootka without royal authorization.

Since the whole of the Nootka affair grew out of measures taken by Martinez while on this trip, it is worth while to examine in detail the instructions under which he was operating. After alluding to the happy termination of Martinez's voyage just ended, the Viceroy referred to the Russian plans for occupying Nootka to anticipate the English, and said "these designs of either nation are as pernicious to our country as their claims are unfounded." The Russian commanders failed to explore the ports, Florez continued, and the English captain, Cook, did not see Nootka until 1778, four years after the expedition of Perez "on which you yourself went as second pilot. For these and many other weighty reasons our just and superior right to occupy the coasts discovered to the northward of California and to forbid colonies of other nations is clear. These important objects, indeed, are embraced in the delicate expedition which I now place in your charge."

The following are his instructions:

As an argument for use with the English, in addition to what he had given in section 13, the Viceroy added, in a postscript, reference to the instructions given by the English Admiralty to Captain Cook, July 6, 1776. Cook, he said, was not to touch at any port in the Spanish dominions on the west coast of America unless forced by unavoidable accident, in which case he was not to remain longer than absolutely necessary, and was to avoid giving the least cause for complaint to any of the inhabitants of the country or to vessels of His Catholic Majesty.

The vessels sailed from San Blas February 17, 1789. These instructions, as well as those given to the English expedition of the same year, look toward a permanent establishment at Nootka, which was to be used as a basis for future operations on the coast. Each expedition was sent without any knowledge that the other was even thought of. The instructions given to the commander of each were such as to leave no doubt in his mind as to his perfect right to carry them out. It was impossible for both to obey; hence a clash was inevitable. Before studying the occurrences at Nootka a brief examination should be made of the conflicting claims, with an attempt to discover the respective rights in the spring of 1789 before either expedition reached the common destination.

The first Englishman known to have visited Nootka Sound is Capt. James Cook. In the spring of 1778 he spent the month of April in the sound, which he explored and mapped carefully; and, being unable to learn that any European had before visited this particular part of the coast, he gave it the name of King Georges Sound, but later concluded that it would be better to call it by the native name Nootka. He obtained supplies of water, wood, fish, etc. The natives were friendly to him, and he found among them several articles, including the two silver spoons mentioned in the above instructions, which, together with the conduct of the natives, indicated that Europeans had previously been somewhere in the neighborhood, at least. No mention is made of his having taken possession of the place for England. It seems that the Englishmen who were interested in the expedition of 1789 had no knowledge that any European had visited the place earlier than this visit of Captain Cook. If they had such knowledge, they intentionally ignored it. This was looked upon as a real discovery and it was assumed that thereby England acquired such rights as discovery can give. Although Sir Francis Drake's landing on the California coast in 1579 was mentioned, yet it seems not to have been looked upon as of very much value in establishing a claim, and, of course, was not so far north. During the years subsequent to 1785 English trading ships frequently visited Nootka. Although they were purely private undertakings, this fact had considerable value in strengthening the English claim, since they tended to develop the resources of the country. The details of these voyages are not in place here. These, then, constitute the ground for the English claim up to the visit of Meares in 1788 and his erection of a house and building of a ship, which were treated in the last chapter.

The Spanish governor of the islands, Blas Gonzales, after relieving the vessel's distress, had allowed it to go on its way to the Northwest Coast, knowing its destination. For this act he had been summoned before the captain-general of Chile and cashiered. The captain-general was supported by the Viceroy of Peru and apparently by the home Government. This harsh treatment was based on a royal decree of 1692, ordering all viceroys, governors, etc., to prevent foreign ships from navigating the south sea without permission from Spain, since no other nation had, or ought to have, any territories which it was necessary for them to pass around Cape Horn to reach. It is needless to say that this claim was not respected by other governments. The Viceroy's assertion of the right of Spain to occupy the coasts and exclude colonies of other nations, quoted above from his instructions to Martinez, is another evidence. It had long been conceded by other nations that discovery alone, or even discovery with formal acts of taking possession, can not give a valid title. It is essential that some effort be made to use the land discovered and to develop its resources; and, before the claim is fully established, actual and continued possession must be taken.

With discovery, exploration, and formal acts of possession Spanish activity ceased, there being no serious effort to make any use of the territory in the way of trade, and no steps being taken to occupy the country until they were aroused to do so by reports coming from the north in 1788 that the Russians were intending to occupy. In other words, either from lack of enterprise or from policy, the Spanish did not seem to care to develop the country or make any use of it themselves, but did wish to prevent any other people from doing so. Their reason for this policy of obstruction was probably an idle pride in retaining a shadowy sovereignty over this vast territory; or, possibly, a wish to retain it as a field for future enterprise; or, more likely, the hope of being able to control the Pacific outlet of any water passage to the Atlantic that might later be discovered along this coast. In the face of modern national enterprise, something more tangible was necessary in order to retain control.

The English people, not from any fixed national policy, but from individual initiative, were taking these necessary steps and the Government was practically compelled to follow them up. As soon as Captain Cook's voyage of 1778 had made known to the English people the possibilities of the fur trade in this region, shipowners immediately turned their attention thither. Between 1785 and 1790 no fewer than 12 or 15 British vessels visited the coast to trade with the natives, several of them making return voyages, and most of them making shorter or longer stops at Nootka. As has been stated, steps were taken from the very first to establish a post at Nootka as a center for these trading operations. A temporary one was actually set up by Meares in 1788, and an expedition was sent out for the purpose of making this permanent the following year. Thus, up to 1789, the English were exercising more control over the region than the Spanish. Had the English plans of this year not miscarried, and had the Spanish expedition of the same year not been sent, the question as to the respective rights, at least to Nootka and the immediate neighborhood, would probably never seriously have been raised.

MARTINEZ'S OPERATIONS AT NOOTKA BEFORE COLNETT'S ARRIVAL.

It was on the 5th of May, 1789, that the Spanish ship anchored in Friendly Cove of Nootka Sound bearing Martinez with his instructions for occupying the port and planting a permanent colony that should be a substantial proof of the Spanish claim and serve as a center for spreading Spanish sovereignty over all the coast. Just ten days before this Colnett had sailed from China with instructions and equipment to make it, an English port. During the next two months, while the Englishman was crossing the Pacific, the Spaniard was making good use of the time. When the latter reached Nootka there seems to have been no visible sign that the English had ever occupied the place or even intended to occupy it. The only evidence of civilization was one vessel under a Portuguese captain with Portuguese instructions and a Portuguese flag. It soon became known that there was also an American ship a few miles away up the sound.

It was also this failure of Meares to tell the whole truth that led the British Parliament and ministry into the error of believing that their rights to the place were unquestionable and that the conduct of the Spanish commandant was little better than high-handed robbery. It is, then, pretty safe to assert that there was no indication whatever of English occupation when Martinez arrived, and that he was consequently perfectly justified in taking possession for Spain and in maintaining his position by force if it should become necessary. The question, therefore, is not, Was he justified in his first act? but, Were his subsequent acts of violence necessary to maintain his position?

On my arrival in it I found a packet boat, with its captain and passport of the Portuguese nation, but its supercargo , its pilot, and the greater part of its crew English.

The passport was signed by the governor and captain-general of the port of Macao, in China, and began:

In case of your meeting on your voyage with any Russian, Spanish, or English vessels, you will treat them with the greatest possible friendship and permit them to examine your papers that they may see the object of your voyage, taking care at the same time to avoid surprise, if they should attempt to divert you from your voyage. In such case you will resist force by force and protest against such violent and illegal proceedings before a tribunal at the first port in which you arrive, giving also an estimate of the value of the ships and cargoes. You will send to us at Macao a copy of said protest, with a narrative of all that shall have occurred, and another such to Francisco Josef Bandieras and Geronimo Ribeiro Nores, our correspondents at Lisbon, and likewise to the Portuguese ambassador, at the Court of the nation of the aggressor, in order that our Sovereign may demand satisfaction. If, perchance, in such conflict you should have the superiority, you will take possession of the vessel and its cargo, conducting them, with the officers, to Macao, in order that they may be condemned as legal prize and the officers and crew punished as pirates.

Rightly or wrongly, Martinez thought that these instructions justified him in demanding an explanation. Since this is the first of the vessels seized, and in order to show that the Spanish commander considered that he was acting under instructions and with full authority, the whole of the first of a series of affidavits regarding the affair is here quoted:

This affidavit was signed by Martinez before the notary, Canizares. Following it is one by the interpreter of the expedition saying that he delivered the above order, and then comes a long one giving an account of the interview that followed.

This error of Martinez is brought out in Douglas's account of the investigation. He says:

The American commanders say that the capture was due to a misinterpretation. If Martinez did make this mistake and later was led to restore the vessel by the discovery of it, he remains entirely silent regarding it, giving other reasons for the release, as will be seen.

Vancouver, in giving the substance of a letter written later by Viana to Quadra, represents Viana as saying that he was imprisoned, was well treated, and on being liberated his vessel and cargo were completely restored and he was furnished what he needed.

It is plain that neither the account of Douglas nor that of the American commanders can be accepted for its full value, but that the truth lies between them. The fact that the former on his release turned northward and spent a month trading, and later made a successful trip to the Sandwich Islands and China, shows that his ship was not so destitute of provisions as his journal would make it seem; and the fact that he purchased a cargo of furs from the natives shows that he had not been so nearly robbed of his articles of trade as he declared. Further, knowing that this journal passed through Meares's hands before it was published, and knowing this gentleman's tendency to distort the truth, when there was a possibility of thereby strengthening his case, one can not help suspecting that the journal was tampered with so that it would exhibit Martinez's treatment of the vessel in as unfavorable a light as possible. But the testimony of the American commanders must be discounted also, since their prejudice in favor of the Spaniards is very conspicuous. This would be suspected because of their intimacy with Martinez; but the extravagant statements of the letter itself show a decided prejudice. It was written three years after the events which it discusses, and errors in date indicate that it was produced merely from memory. The statements from Viana's letter are too indirect to be of much value.

These foreigners, Martinez says, were of the English nation and the American Congress , and the ceremony was performed without any contradiction by them. Through Kendrick and Ingraham, officers of the American ship, he had made the Englishmen understand that the Spaniards had been the first discoverers of the port. He had proved this by having the Americans--since they also understood the Indian dialect--talk with the natives, who had described the clothes of the first comers. And as a further and more conclusive proof he laid before the Indians the flags of various nations, including the old Spanish flag, and the last was recognized by the old chief as the one borne by the first vessel.

If Martinez felt it necessary to treat the English ships with such harshness, can his mild treatment of the American ships be justified? These are the very ships that are referred to in articles 14 and 15 of the above-mentioned instructions. It will be recalled that he was there given authority, in case of his meeting with them, to deal with them as appeared proper. The suspicion was mentioned in another place that the purpose of these ships was to find a port in which to establish a colony. On encountering them at Nootka, Martinez inspected their papers and found that this was not their purpose. He says that his interpreter found nothing in their papers derogatory to the rights of Spain; that their purpose was to circumnavigate the globe; that there seemed no reason for interfering with their course nor placing them under bond, as he had done the packet boat from Macao; but that, nevertheless, he had required them, in the name of his Sovereign, not to return to these seas or coasts without bringing a passport and special permit, since that Monarch had prohibited every foreign nation from navigating the coasts of America. His allowing the American ships to trade unmolested for the two months hardly seems consistent, unless his reason was what might be implied from the latter part of the letter just referred to. He tells of the assistance afforded him by the American commanders in his dealings with the English and the Indians, since they conversed in both of those languages. He might have considered it better to allow them for a time to violate the letter of the strict Spanish regulations than to lose their services in establishing himself in a position to prevent all such violations in the future. His intimacy with the Americans was so noticeable that the Englishmen frequently accused the latter of collusion with the schemes of the Spaniard.

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