420 PROOFS AND ILLUSTRATIONS. [D, 



The first time that our ambassador made a public notification of this 

 matter to the ministry at London, on the 10th of February last, many of 

 the circumstances that are now certain were then doubtful. The rights 

 and immemorial possession of Spain to that coast and ports, as well as 

 several other titles proper to be taken into view in a pacific negotiation, 

 were not quite certain; and, if the court of London had made an ami- 

 cable return to the complaints made by his majesty relative to those mer- 

 chants whom Spain regards as usurpers and the violators of treaties, and 

 had showed any desire to terminate the affair by an amicable accommo- 

 dation, a great deal of unnecessary expense might have been saved. 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 par- 

 ticulars had arrived, made the Spanish cabinet entertain some suspicions 

 that it was made not so much for the purpose of the dispute in question, 

 as a pretext to break entirely with our court; for which reason it was 

 thought necessary to take some precautions relative to the subject. 



On a late occasion, a complaint was made to the court of Russia, as 

 to some similar points relative to the navigation of the South Sea. A 

 candid answer being returned by that court, the affair was terminated 

 without the least disagreement. Indeed, it may be asserted with truth, 

 that the manner, much more than the substance, has produced the dis- 

 putes that have taken place on this head with Great Britain. 



Nevertheless, the king does deny — what the enemies to peace have 

 industriously circulated — that Spain extends pretensions and rights of 

 sovereignty over the whole of the South Sea as far as China. When the 

 words are made use of, "In the name of the king, his sovereignty, navi- 

 gation, and exclusive commerce to the continent and islands of the South 

 Sea," it is the manner in which Spain, in speaking of the Indies, has 

 always used these words; that is to say, to the continent, islands, and 

 seas, which belong to his majesty, so far as discoveries have been made 

 and secured to him by treaties and immemorial possession, and uniformly 

 acquiesced in, notwithstanding some infringements by individuals, who 

 have been punished upon knowledge of their offences : and the king sets 

 up no pretensions to any possessions, the right to which he cannot prove 

 by irrefragable titles. 



Although Spain may not have 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. 



But, whatever may be the issue of the question of right, upon a ma- 

 ture consideration of the claims of both parties, the result of the question 

 of fact is, that the capture of the English vessels is repaired by the resti- 

 tution that has been made, and the conduct of the viceroy : for, as to the 

 qualification of such restitution, and whether the prize was lawful or not, 

 that respects the question of right yet to be investigated ; that is to say, 

 if it has been agreeably to, or in contradiction to, the treaties relative to 

 the rights and possessions of Spain. Lastly, the king will readily enter 

 into any plan by which future disputes on this subject may be obviated, 

 that no reproach may be upon him as having refused any means of recon- 

 ciliation, and for the establishment of a solid and permanent peace, not 



