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Cusmich also told me that, as a result of his having informed his Sovereign of the commerce which the English from Canton are carrying on at Nootka, he was expecting four frigates from Siberia to sail next year for the purpose of making an establishment at Nootka, situated in latitude 49° 36´ north and in longitude 20° 15´ west from San Blas. He assured me that his Sovereign has a better right to that coast than any other power on account of its having been discovered by the Russian commanders, Behring and Estericol [Chirikov], under orders from the Russian Court in the year 1741. For this reason it seems to me advisable that an attempt should be made next year, 1789, with such forces as you may have at hand, to occupy the said port and establish a garrison in it. According to what is learned from the work of Cook and from what I saw on my first expedition to that place (which I made in 1774), it possesses qualifications which adapt it to this purpose. By accomplishing this we shall gain possession of the coast from Nootka to the port of San Francisco, a distance of 317 leagues, and authority over a multitude of native tribes. [I say this, at the same time] offering myself to carry out the project, and to prove the feasibility of it I will sacrifice my last breath in the service of God and the King, if you approve it.[54]

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.[55] On the same day Martinez was commissioned to carry out the enterprise, and his instructions were sent to him.[56] 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.[57] This approval was granted, but not until April 14, 1789,[58] 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.[59] He told also of an overland trip made in 1766-67 from the English colonies,[60] 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.[61]

After thus setting forth to the Government at Madrid the reasons for his action, the Viceroy outlined the plans for the expedition. It was to consist of the two vessels, the Princesa and the San Carlos,[62] which had constituted the expedition of 1788. They were also to retain the same officers—Martinez as commander, and Haro subject to his orders. They were to sail from San Blas early in February. A packet boat would follow in March with supplies and reënforcements, and would bring back an account of the occupation. Later, according to events, explorations of the coast to the northward and southward would be made. A land expedition was to follow, including a chief, a detachment of troops, missionaries, colonists, and live stock.[63]

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:

1. The two vessels and their commanders were named.

2. They were to have the same officers and sailors as on the last voyage, with some increase of troops, and an armament corresponding to the crew, and the crew were to be drilled in the use of that armament.

3. The expedition should sail not later than February 15.

4. In March the Aranzazu should follow with reënforcements and supplies for Nootka, as well as other settlements of New California.

5. This vessel should bring back an account of what should have happened and an estimate of the necessary supplies and reënforcements which would be returned by it or by the Concepcion, or both.

6. A plan of the port of Nootka, copied from Cook’s work, was to serve as a guide.

7. Kindness, voluntary trade, and opportune gifts were to capture the good will of the natives: in this endeavor the discretion of the four missionaries was to be used. These were to begin at once to propagate the gospel.

8. A formal establishment was to be set up for a meeting place to treat with the Indians and for protection from the weather and from enemies.

9. This would be a manifestation of Spanish sovereignty. Part of the people were to be kept in this during the day, but returned to the ship at night for greater security.

10. “If Russian or English vessels should arrive, you will receive their commanders with the politeness and kind treatment which the existing peace demands; but you will show the just ground for our establishment at Nootka, the superior right which we have for continuing such establishments on the whole coast, and the measures which our superior Government is taking to carry this out, such as sending by land expeditions of troops, colonists, and missionaries, to attract and convert the Indians to the religion and the mild dominion of our august Sovereign.”

11. “All this you ought to explain with prudent firmness, but without being led into harsh expressions which may give serious offense and cause a rupture; but if, in spite of the greatest efforts, the foreigners should attempt to use force, you will repel it to the extent that they employ it, endeavoring to prevent as far as possible their intercourse and commerce with the natives.”

12. “For use with the Russians, you will keep in mind and avail yourself of the well-founded political reasons for Spain’s being in intimate friendship with their sovereign Empress, viz, that the ships of that nation, both naval and merchant, are admitted to the Spanish ports of the Mediterranean and given such assistance as they may need, without which they could not subsist in those seas; that consequently it would be a grave offense for the vessels of His Catholic Majesty to suffer hostilities in America at the hands of the Russians, furnishing just cause for a breach between two friendly powers; and that in this case Spain would count on the powerful support of her French ally, besides withdrawing from Russia the privilege of obtaining supplies in the Mediterranean at a time when she finds herself engaged in war with the Turks, with Sweden, and possibly with Denmark.”

13. “To the English you will demonstrate clearly and with established proofs that our discoveries anticipated those of Captain Cook, since he reached Nootka, according to his own statement, in March of the year 1778, where he purchased (as he relates in Chapter I, book 4, page 45, of his work)[64] the two silver spoons which the Indians stole from yourself in 1774.”

14. “You will have more weighty arguments to offer to vessels of the Independent American Colonies, should they appear on the coasts of northern California, which hitherto has not known their ships. However, by a letter of the most excellent Señor Viceroy of Peru, it is known that a frigate, which is said to belong to General Washington,[65] sailed from Boston, in September of 1787, with the intention of approaching the said coasts, that a storm obliged her to stop in distress at the islands of Juan Fernandez, and that she continued her course after being relieved.”

15. “In case you are able to encounter this Bostonian frigate or the small boat which accompanied her, but was separated in the storm, this will give you governmental authority to take such measures as you may be able and such as appear proper, giving them to understand, as all other foreigners, that our settlements are being extended to beyond Prince Williams Sound, of which we have already taken formal possession, as well as of the adjacent islands, viz. in 1779.”

16. A plan of Prince Williams Sound was inclosed, for it was intended that a careful survey of the entire coast should be made between it and Nootka.

17. The San Carlos was to make this expedition after the establishment at Nootka should be completed.

18, 19. Instructions for the exploration.

20. The coast from San Francisco to Nootka was to be explored in like manner, the latter port being the rendezvous. The Viceroy would do all he could to contribute to the welfare of the enterprise thus placed under Martinez’s charge.

21. Great care was enjoined in the treatment of the Indians and of any establishments or vessels of foreign nations that might be encountered.

22. The means to be employed to preserve health.

23. Good wishes for Divine favor and for the success of the voyage.

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.[66]

The vessels sailed from San Blas February 17, 1789.[67] 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.[68] 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.[69] 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,[70] 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.[71] 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.

It was clearly brought out in the diplomatic contest of 1790 that a Spanish expedition had examined with some care the whole coast up to about 55°, and had spent some time in this very port of Nootka or its immediate neighborhood four years before Captain Cook’s visit. After the Spanish explorations of the sixteenth century, which had extended some distance up the California coast, there was a long period of inactivity in this part of the world due to the decay of the Government at home. When the temporary revival of national life came under Charles III there was also a revival of exploring enterprises on the western coast of America. Word reached Madrid through the Spanish ambassador at St. Petersburg that the Russians were making settlements on the American coast north of California. In consequence of royal orders issued the previous year, an expedition, under the command of Juan Perez, was sent from Mexico in 1774 to investigate. He had orders to examine the coast as high as 60°, but did not get beyond 55°. As he was returning he anchored early in August in a port which he called San Lorenzo, and which was later identified with Nootka Sound. Some question was raised as to its identity, but there seems to be little doubt. The latitude agrees very closely—too closely, Bancroft says. The anchorage must have been in the immediate neighborhood.[72] Revilla-Gigedo says it is believed that the commander took possession of Nootka, but Bancroft, who examined the diaries, asserts that he did not land anywhere to take possession for Spain. Martinez, who became so important in the expedition of 1789, was second pilot on this expedition of Perez. It was while at San Lorenzo in 1774 that the two silver spoons were stolen from him by the Indians. They are frequently mentioned in the Spanish manuscripts, and are accepted as proof positive that this expedition was at Nootka, and as thereby proving the superiority of the Spanish claim.[73]

In 1775, the next year after Perez’s voyage, another was made by Heceta [Ezeta] with Quadra accompanying in a small vessel. The former approached the coast in the region of Nootka, but did not enter, thereupon turning his course southward. Quadra, in the little vessel, pressed onward to about the fifty-eighth degree. This expedition made landings and took formal possession for Spain of at least three points between 47° and 58°.[74] In 1779 a third expedition sailed from Mexico to explore the coast still farther north. It reached the sixty-first degree, Prince William Sound.[75] By these three expeditions the Spanish Government considered that this entire coast from California northward had been sufficiently explored and that formal possession had been taken at enough places to establish thoroughly the Spanish claim. So a royal order was given in 1780 that voyages for this purpose should cease.[76]

The first two of these Spanish voyages were earlier than that of Captain Cook and included practically all that he explored, though they did not examine it so thoroughly. Hence, as far as discovery alone is concerned, these should have given Spain rights superior to any that England could have acquired by Cook’s enterprise, not only to Nootka Sound, but to the whole of the Northwest Coast. But, unfortunately for the Spanish claim, there is a serious flaw in the title at this point, arising from the fact-that the results of these voyages were not published, except in brief accounts.[77] It is a serious question whether a discovery which was not made known to the world could give a claim superior to one gained by a subsequent voyage whose results were made known. Reason and justice would seem to say it could not. But, besides these explorations, Spain still clung in theory at least to her ancient claim to sovereignty over the entire American continent west of the line drawn by the treaty of Tordesillas (1494), and sanctioned by Pope Alexander VI, who had drawn the arbitrary line the previous year, dividing the world between Spain and Portugal. Only as a matter of necessity had she gradually conceded the right of other nations to occupy the eastern coast of North America, and for the same reason had recently conceded the Russian control of the western coast down to Prince William Sound. This is illustrated by the facts arising out of the forced entrance of the American ship, Columbia, into a port of the islands of Juan Fernandez in 1788, referred to in the instructions of the Viceroy to Martinez above.

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.[78] 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.[79] 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,[80] 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.[81] 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.

The Nootka Sound Controversy: A dissertation

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