2.98 } 
have an indifputable right to the en- 
joyment of a free and uninterrupted 
navigation, commerce, and fifhery ; 
and to the poffeffion of fuch eftablifh- 
ments as they fhould form with the 
confent of the natives of the country, 
not previoufly occupied by any of 
the European nations. 
An explicit and prompt anfwer 
was defired upon this head, in fuch 
terms as might tend to calm the 
anxieties, and to maintain the friend- 
fhip fubfifting between the two 
courts, 
The charge d’affaires having ob- 
ferved, that a fufpenfion of the 
Spanifh armaments would contribute 
to tranquillity, upon the terms to be 
communicated by the Britith admi- 
niftration, an anfwer was made by 
the Spanifh adminiftration, that the 
king was fincerely inclined to difarm 
upon the principles of reciprocity, 
and proportioned to the circum- 
itances of the two courts; adding, 
that the court of Spain was actuated 
by the moft. pacific intentions, and a 
defire to give every fatisfadtion and 
indemnification, if juftice was not 
on their fide, provided England did 
as much if fhe was found to be in the 
wrong. 
This anfwer muft convince all the 
courts of Europe that the conduct 
of the king and his adminiftration is 
confonant to the invariable princi- 
ples of juftice, truth, and peace. 
Ex. ConpeE pEFLoripa BLanca. 
Mr. Fitzherbert’s 4xfwer to the 
foregoing Memorial. 
Sir, 
N compliance with your excel- 
] lency’s defire, I have now the ho- 
nour to communicate to you, in 
writing, what I obferved to you in 
ANNUAL REGISTER, 
1790. 
the converfation we had the day be- 
fore yefterday. 
The fubftance of thefe obferva- 
tions are briefly thefe: 
The court of London is animated 
with the moft fincere defire of ter- 
minating the difference that at pre- 
fent fubfitts between it and the court 
of Madrid, relative to the port of 
Nootka, and the adjacent latitudes, 
by a friendly negociation; but as 
it is evident, upon the cleareit princi- 
ples of juftice and reafon, that an 
equal negociation cannot be opened, 
till matters are put in their original 
ftate, and as certain acts have been 
committed in the latitudes in quef- 
tion by veffels belonging to the royal 
marine of Spain, againft feveral 
Britith veffels, without any reprifals 
having been made, of any fort, on 
the part of Britain, that power is 
perfectly in the right to infift, as 
a preliminary condition, upon a 
prompt and fuitable reparation for 
thefe acts of violence ; and in confe- 
quence of ghis principle, the prac- 
tice of nations has limited fuch right 
of reparation to three articles, viz, 
the reftitutson of the veflels—a full 
indemnification for the loffes fuitain- 
ed by the parties injured—and final- 
ly, fatisfaétion to the fovereign for 
the infult offered to his flag. So that 
it is evident that the a¢tual de- 
mands of my court, far from con- 
taining any thing to prejudice the 
rights or the dignity of his catho- 
lic majefty, amount to no more in 
fact than what is conftantly done by 
Great Britain herfelf, as wellas every 
other maritime power, in fimilar cir- 
cumftances.-Finally, as to the na- 
ture of the fatisfaétion which the 
court of London exa&s on this oc- 
cafion, and on which your, excel- 
lency appears to defire fome expla- 
nation, 1 am authorifed, Sir, to af- 
fure 
