Read Ebook: The Nootka Sound Controversy: A dissertation by Manning William R William Ray

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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.

THE QUARREL AND SEIZURE.

The events that follow this meeting of Martinez with Colnett, the commander of the English expedition, are the real genesis of the Nootka controversy. Had the vigorous measures of the Spanish commander stopped with the seizure of the two vessels already discussed, the matter would probably never have reached the cabinets of London and Madrid. Since these events are so important, a detailed account is given. This is drawn from five separate narratives, all written by men who were present and took part in them. One is the letter of Martinez, written at the close of the events, giving his official account to the Viceroy. Another is a letter from Colnett to the same official, written some three months later. These two are unpublished. The third is a second account by Colnett, written nine years later, appearing as a footnote to his published narrative of a subsequent voyage. The fourth is a series of letters, written while the events were in progress, by Duffin, second in command to Colnett, but really in control during most of the time. The fifth is the letter, written three years later, by the American captains, who were eyewitnesses of most of the events.

Colnett asked if he would be prevented from building a house in the port. The commodore, mistaking his meaning, answered him he was at liberty to erect a tent, get wood and water, etc., after which he was at liberty to depart when he pleased; but Captain Colnett said that was not what he wanted, but to build a blockhouse, erect a fort, and settle a colony for the Crown of Great Britain. This was refused.

Colnett, in his published account, says that he hesitated, being uncertain whether to enter the port, but--

The Spaniard, observing my unwillingness to comply with his request, assured me on his word and honor, in the name of the King of Spain, whose servant he was, and of the Viceroy of Mexico, whose nephew he declared himself to be, that if I would go into port and relieve his wants I should be at liberty to sail whenever I pleased.

From the accounts it is impossible to decide which officer was the more at fault in the quarrel. It was the unfortunate outcome of anger on both sides, and doubtless was not premeditated by either. The real explanation appears to be that given in the letter of Duffin. Eight days after the quarrel he wrote: "I have every reason to suspect there was a misunderstanding between the two parties, for the linguist spoke English very imperfectly, and in all likelihood interpreted as many words wrong as right." It seems, then, to have been a faulty translation that caused the quarrel which later threw two continents into a feverish excitement in anticipation of war.

A little further on, after telling of Colnett's turning over to him all control of affairs, the same writer continues:

I have endeavored to convince the Spaniards, had we known this place had been taken possession by the King of Spain, we would not, on any consideration, have come near it; I have likewise wished to persuade him to peruse the South Sea Company's grant and our instructions, which he refuses, and tells me it would avail nothing now to do it, as his officers insist on his going on with what he acknowledges he too rashly and hastily began, and without deliberating what might hereafter be the consequence.

That the English captain was somewhat to blame for what had occurred is clear from his own behavior, as related in Duffin's letter of July 14 . The writer, speaking of Colnett, says:

I have endeavored to persuade him to draw out every particular concerning our being captured, to send to his employers, which he refuses. His objection is that he has involved himself and everyone else in difficulties that he is not able to extricate himself from, and therefore declares to me that he will have no more concern with the charge of the vessel.

This refusal to give the particulars of his arrest occurred after his recovery from what Duffin spoke of at the time as insanity, but what Colnett himself refers to as delirium. Meares's publication of Duffin's statement concerning the commander's insanity caused some hard feeling when Colnett learned of it; and the statement was publicly denied later by Meares. Whatever it may be called, the immediate cause was his capture. The malady lasted for ten days. As a result of it, the whole control was left in the hands of Duffin, the second in command. The latter's statement concerning the captain is as follows:

Captain Colnett has been in such a state of insanity ever since the vessel has been captured by the Spaniards that we are obliged to confine him to his cabin. Yesterday morning he jumped out of the cabin window, and it was with great difficulty his life was saved. His constant cry is that he is condemned to be hanged. I sincerely hope for his speedy recovery, but am apprehensive he never will recover his former senses again. I understand from the boy, Russell, that it is a family disorder and that they all have symptoms of madness more or less.

The next day he wrote: "Captain Colnett is much better to-day, and, in general, discourses very rationally." It was at this time that Duffin made his vain attempt to draw out the particulars of the capture. Duffin seems to blame Colnett.

They have taken of our stores to themselves all our pitch, tar, canvas, twine, some provisions of all kinds, guns, ammunition, the chief of our copper, and many other articles that we were not acquainted with, all the officers being prisoners, some on board one vessel and some on board the other. We have great expectations that the vessel will be delivered up at San Blas. The commodore promises me, if she is, everything that he has taken to himself shall be replaced at that port; but there has been a number of things taken out of the vessel by theft that he knows nothing of. Nevertheless, if any, and the vessel is returned, they must undoubtedly make it good.

According to the same writer, Martinez tried to buy all of the copper on board, offering to give bills for the same, but it was refused on the ground that if his orders allowed him to capture the vessel they would undoubtedly allow him to capture the cargo also. The Spaniard, he says, wanted the copper to trade for furs, which he shipped to Macao by Captain Kendrick , who traded for him on shares. This is the way in which the man in command at the time spoke of what later accounts designate as plundering by the Spaniards.

Martinez's operations at Nootka after sending his prizes to San Blas are of minor interest. He carried on some explorations in the neighborhood, studied the customs of the natives, and made, in his diary, a full report of the country and its inhabitants. On December 6 he reached San Blas, having returned in consequence of an order from Florez dated February 25, 1789. This date shows that the events at Nootka during the summer had nothing to do with his recall, since the order was given shortly after the expedition had sailed.

Two days after sending this account to the home Government, Florez sent orders to the commandant and commissary at San Blas for the temporary disposition of the prize. The officers and men were to be kindly treated and supplied with lodgings and other accommodations according to their rank. Fresh food was to be furnished at public expense, an account being kept of the cost. All of their clothing was to be turned over to them, but no arms. They were to be given complete liberty within the port, but were to be closely watched to see that no one abused his privileges. A complete inventory should be made in the presence and with the help of the English captain. The latter should sign it and receive a copy for his security and protection, whatever the fate of his vessel. The perishable part of the cargo was to be sold and the rest deposited separately in the royal storehouses. The ship, after being unloaded, was to be examined, cleaned, and repaired at governmental expense, with the approval of the English commander, who should have a copy of the account. The fact is not stated in this order, but in a letter to Madrid it appears that the ship, when repaired, was to be used in collecting supplies and re?nforcements for Martinez at Nootka. From Colnett's published account, it seems that the Englishmen were induced to do the work on the ship in the false hope of an early release. He says:

On August 27, the day that Florez had written his first hurried account to the home Government, he had also written an account to Revilla-Gigedo, who was soon to succeed him in the viceroyalty. The correspondence that followed is valuable as showing the divided opinion in official circles regarding the justice of the seizures, and as illustrating the evolution of the new Viceroy's final decision regarding the prizes. In the first letter Florez explained briefly that, as a result of the last expedition ordered by the King, he had, without loss of time, sent Martinez to take possession of Nootka. He then recounted the grave consequences, which made it necessary to take most prudent measures, and added:

For my part I have not ventured to enter upon them, in view of the fact that I am so soon to surrender the government to your excellency. I look upon this business as more important than any other, and if you rank it the same I hope you will hasten your coming.

Three days later the new Viceroy, who was attending to some public business at Veracruz, replied that he came fully instructed from the higher authorities of all the steps taken by Florez in the Nootka matter, of their approval by the junta of state, and the consequent royal order. In view of the attempt to represent the English expedition as a governmental enterprise, he especially commended Florez for having inserted in Martinez's instructions the order of the English Admiralty office to Cook telling the latter not to touch at Spanish ports except in case of necessity and then to leave as soon as possible. He thought that that wise council would not now have sent an expedition with such contrary instructions. He believed it had come simply from Botany Bay or some establishment in India. He said that it did not appear necessary for Florez to await his coming to take steps regarding the captured ships, since Florez was so well informed. As to the possibility of another English expedition being sent to dislodge Martinez, he thought there was no danger. England was too remote, and the Spanish could supply re?nforcements when necessary. The English Cabinet would not undertake anything so likely to fail. In the end the unhappy affair would be settled between the Spanish and English Courts. However, he would not delay his coming to Mexico a moment longer than necessary.

On September 2, the same day that Florez received the letter just reviewed, he answered it. In his answer there is a tone of impatience which seems to be partly because Revilla-Gigedo had not dropped everything else to attend to the prizes, and partly because the latter's approval was not enthusiastic. The new Viceroy had suggested, that since the English expedition did not appear to have been sent by the Government it would have been better if Martinez had told the captains to return when they chose to the parts from whence they had come. Florez retorted: "I explained to your excellency that, according to the documents which Martinez sent to me, these prizes have been made with good cause, and I think your excellency will indorse my opinion when you have given careful attention to their contents." He inclosed copies of them, and called attention to the positive representations of the English captain. He continued: "Whether the English Court had any part in the plan for occupying Nootka, or whether it did not, we have often seen them lay claim to ports and territories occupied by the merchants or subjects of their nation; and there is no doubt but that they have ready naval forces incomparably greater than those which we can send from San Blas." He enlarged on the insufficiency of vessels in that port for present needs, and told of the preparations that he was making to use the captured ships to convey re?nforcements and supplies to Martinez. In closing he said: "But since your excellency can not give it the preferential attention asked I have suspended my orders relative to Nootka affairs until your excellency gives me your final decision concerning the liberating or retention of the English ships."

The loyalty with which Florez supported Martinez, and his resentment when he found Revilla-Gigedo inclined to disavow the seizures, may have arisen from a personal relation, since, as stated above, Colnett says that Martinez represented himself as the nephew of Florez.

After having read the copies of Martinez's letters and documents, which Florez had sent, Revilla-Gigedo replied, September 9, that he was pleased to find that his opinion of the unofficial character of the English expedition was confirmed; that Colnett had been sent, not as a governor, but as a merchant; that he was not to establish a fortification but a factory, which was to be located not necessarily at Nootka, but wherever it might be with convenience, and that Fort Pitt was simply the name to be given to the factory. Had the English expedition taken any sort of possession of Nootka, he said that it would doubtless have afforded some subsequent claim. But since it had not succeeded, and since the English captain had asked permission to sail, all such fears ought to have vanished. There was the more reason for this, since not only had England been prevented from taking possession, but Spain actually possessed it. Since Florez had already referred the matter to the Spanish Court, it seemed to him that they could take no further step until the decision of His Majesty should arrive. He agreed that in the meantime the captured ships should be used to convey supplies to Martinez if no others were available. He had read with pleasure the timely and prudent orders of Florez for caring for the captured ships and prisoners. The weakened forces at San Blas were being strengthened and the necessary ships could be constructed. A new commandant of that port with re?nforcements had set out from Veracruz the preceding day.

In this Revilla-Gigedo maintained his former position that Martinez had insufficient ground for making the captures. He seems not to have considered what would have been the consequences if the English ships had not been seized and had established a colony elsewhere on the coast. He gave a qualified approval of the steps taken by Florez while awaiting an answer from the home Government, but he did not definitely commit himself on the question to which Florez had tried to elicit an answer--that is, whether he would declare the ships good prize.

On September 16 Florez replied that he had decided to continue his preparations for sending supplies and re?nforcements to Nootka, since Revilla-Gigedo had approved using the captured ships for that purpose.

The new Viceroy took control of the government October 18. A few days later he wrote to the home Government concerning Nootka affairs:

About the time that the new Viceroy took possession of the government, letters arrived from the captains of the captured English vessels. Mention has been made of the letter which Florez wrote to the commandant and commissary at San Blas immediately after receiving news of the arrival of the first prize. Besides this letter giving orders for the care of the prisoners, the repairing of the vessels, and making an inventory of the cargo, he seems to have given instructions for obtaining a full statement of their case from the English commanders. Their letters were addressed to Florez. These are the accounts of Colnett and Hudson to which frequent reference has been made above. In closing, Colnett said:

Your excellency will pardon me for venturing to write such a long letter, in which I have dwelt on affairs of such little importance. But if I have done so, it has been at the instance of the commandant of this port, who has told me that it was your excellency's wish. As reflecting the treatment received at San Blas , I beg permission to add that all of the bad treatment which I received at Nootka and the cruelty which was practiced on me in my passage from thence hither has been entirely wiped out by the attentions and humanity of the official whom I find here in the position of commandant, Don Jos? Comancho.

The climate of San Blas has proved to be very bad for me and my officers and crew. We should consider it a great favor if you would permit us to make a journey on horseback some miles inland, or allow part of us to pass a few days at some distance from the port.

It fell to the lot of Revilla-Gigedo to answer the letters. On October 21 he wrote to Colnett:

I have read the representations which you and Captain Hudson made to my predecessor, the Most Excellent Se?or Don Manuel Antonio Florez. He has turned over to me all of your complaints against the proceedings of the commandant of Nootka, Don Estevan Jos? Martinez. My dealings shall be based on the laws of reason, equity, and justice. This is all that I can or should say at present. I assure you and Captain Hudson that yourselves and all the people of your vessels shall be treated with such attention as is demanded by the friendship and harmony existing between our Sovereigns.

Before turning to the dealings of the Viceroy with the Englishmen it is interesting, though not essential to the narrative, to notice the final exit of Martinez from the stage that his rashness had brought into prominence. In a letter of February 26, 1790, the Viceroy mentioned a royal order of October 13, 1789, "informing me that at the instance of Do?a Gertrudis Gonzales, wife of Don Estevan Jos? Martinez, ensign of the navy, the King had resolved that I should arrange to transfer this official to those dominions , or that in case his continuance at San Blas was necessary to the service that I should withhold a third part of his salary, to be applied to the support of his wife and of one daughter 17 years old." Thus it appears that while Martinez was getting himself and his Government into trouble in America his family in Spain was in trouble because he had neglected their support. The Viceroy gave orders at once for Martinez's return from Nootka on the first vessel coming to San Blas, in order that he might go to Spain and rejoin his family. His services were no longer necessary, it was said, there being enough officials without him. It should be noticed that this order was given more than two months before news reached Spain of Martinez's operations at Nootka. So that could have had no influence on his recall.

The request for a change of climate made by Colnett in his second letter to the Viceroy, mentioned above, was granted. In Colnett's published account he says: "We were removed 60 miles up the country; here we were allowed great liberty and better treatment," and permitted to remain "the six latter months of our captivity." This was at a place called Tepic. Not only was this favor granted, but the English commanders were allowed to go in person and plead their case before the Viceroy. Speaking of Bodega y Quadra, the new commandant of San Blas, Colnett says:

To this officer I am greatly indebted for his kind attention and obtaining permission for me to go to Mexico to claim redress for our past treatment.

In Revilla-Gigedo's first account of the matter to the home government he had mentioned the English captain's complaint of the bad faith and worse treatment of Martinez. He said he had offered to give them a hearing in court, but it would be impossible to do this without giving Martinez a hearing at the same time. When writing this he supposed that Martinez was at Nootka and would remain until relieved of his command. But although Martinez returned to Mexico shortly thereafter, still the trial was not held, since he had to go again to Nootka as pilot of the expedition under Eliza. The Viceroy, in his published "Informe," tells of the promised trial and why it was not held:

Speaking of his stay at the capital, Colnett says:

On my arrival at Mexico and during my residence there I was treated by the Viceroy, Don Revilla-Gigedo, with greater politeness and humanity, and, indeed, by all ranks of people in that city.

The time of the arrival of the English captains at Mexico seems to have been about the first of the year. They received no definite answer to the question whether their ships should be condemned or released until late in April. The Viceroy was waiting for an answer from the home Government to the first account of the seizures which Florez had written the previous August. This account had not reached the Government until December 30. Florez's second account was received three days later. Thus by the second day of the new year the Government had a full account of the seizures and copies of all of the documents. No reply was made until January 26. When this reply reached the Viceroy, greatly to his surprise and disappointment, it gave him no advice, but instead it asked for his determinations concerning the question whether the ships were good prize.

Revilla-Gigedo resolved to wait no longer for advice, and so took the responsibility upon himself. In answer to the request from Madrid, he wrote, on May 1, 1790, his conclusions, as follows:

This action of Revilla-Gigedo and the grounds here given for the release of the English ships are consistent with the position taken by him as soon as he heard of the affair, namely, that the vessels ought never to have been seized. It will be interesting to notice the subsequent change in his position.

In the packet which Revilla-Gigedo sent on May 1 he inclosed a letter from Colnett to the British ambassador at Madrid, presenting his complaints against Martinez. The Viceroy added that he hoped these would be considered when Martinez reached Spain.

The Viceroy had forbidden the Englishmen to make any establishment, to trade, or even to tarry on the coast; and in his first reply to Colnett's demands he repeated the prohibition. Three days later Colnett wrote again, using very plain language. He called attention to the instructions under which he had sailed with a license from the British Government. Those instructions required him to trade with the Indians and to form an establishment for that purpose. The Viceroy's instructions had ordered him to sail directly to Macao, without stopping on the coast. He pointed out the inconsistent position in which he was placed. The right of Spain to the coast was a point to be settled--he hoped, in a friendly manner--between the Cabinets of Madrid and St. James. It was clear that the right was not recognized by the English, as was shown by the patent and instructions which he bore. That same year the privilege granted to his company would expire. Let Spain see, in a friendly manner, that it should not be renewed, but the Viceroy should not oppose the pacific execution of a commercial undertaking attempted in good faith and at so great an expense. He demanded a passport with only one prohibition, namely, to trade with Spanish ports.

Colnett's arguments had the desired effect. On May 11 the Viceroy sent him a passport with only the one prohibition and expressly stating that he might carry on his operations in places not actually under Spanish dominion. In the letter inclosing the passport he trusts that they will not think of making an establishment on the coast or of trading to the prejudice of the Spanish nation.

This is a complete reversal of his decision quoted above from his letter of twenty-six days earlier. In his "Informe" of three years later the Viceroy cited in addition as grounds for his decision an article of the orders of the royal navy, and also a royal order of October 18, 1776, "to detain, seize, and prosecute any foreign ship which arrives in our ports of the South Sea."

A royal order had been finally given, March 23, definitely instructing the Viceroy to liberate the captured ships. In a letter of June 26 Revilla-Gigedo said that the royal order of March 23 had been completely satisfied by his accounts of May 1 and 27. He was pleased that he had conformed so happily to the decisions of the King.

I have the honor of informing your excellency that to-day I have been dispatched from San Blas; and I also have the satisfaction of adding that I have reason to be content with the treatment of the commandant and commissary of this department.

With all proper submission, I ask permission of your excellency to add that the money which I have received here is little more than the amount of my individual loss, and is not the fifth part of the damages by the most moderate calculation. Since I shall have to turn matters over to the company which employs me, I hope that your excellency will have consideration in keeping with your known generosity, and will not allow them to suffer such losses.

This closes the Nootka affair as far as events on the American continent are concerned. Before the Viceroy had finally decided to liberate the prisoners, the matter had been taken up by the home Governments, and all Europe was ablaze with excitement over an expected war. The center of interest now shifts to the diplomatic controversy, which is the most important phase of the Nootka incident.

What has been discussed so far might be briefly summarized as follows: As far as discoveries and explorations, which could give definite claims, are concerned, the Spanish were the earlier; but the English were made in ignorance of the Spanish, and the results of the English were published first. Spain could claim a prescriptive title from the fact that she had maintained for so long an undisputed claim, and from the additional fact that the land was contiguous to her settled Mexican dominions; but the English were the first to attempt to develop the country by exploiting the fur trade. The first actual establishment was made by the English, and, although it was temporarily abandoned in the autumn, it was with the evident intention of renewing, enlarging, and making it permanent in the spring; but unfortunately for what was, in the autumn of 1789, an unquestionably superior claim, it was counterbalanced by the arrival of a Spanish expedition in the spring of 1790, a few days before the English returned to resume their occupation, and when there were no signs of previous or intended occupation. The fact that the Spanish expedition was public while the English was private, favored the former. From these recapitulations it is plain that there was abundant ground for disputing the respective rights.

When the matter was transferred to the officials in Mexico, the outgoing Viceroy, instead of shouldering the responsibility and acting at once, attempted to shift it to his successor. The failure of the two to agree led to an awkward delay of several months. Then after the new Viceroy finally declared that the vessels were not good prize, a quarrel with the liberated Englishman led him to reverse his decision, so far as the principle was concerned, though his change did not affect the fact of the Englishman's freedom.

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