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:

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.

Chapter IV.
MARTINEZ’S OPERATIONS AT NOOTKA BEFORE COLNETT’S ARRIVAL.

It was on the 5th[82] 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[83] Colnett had sailed from China with instructions and equipment to make it, an English port.[84] 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 has never been conclusively proved that the house which Meares built the summer before had entirely disappeared. In a letter written three years later to the Spanish commandant at that time the American captains, who had spent the winter of 1788-89 at Nootka, declared that when Martinez arrived there was no trace of Meares’s house in the cove; that there had been a house, or rather a hut, when they arrived in the fall, but that, prior to his sailing for the Sandwich Islands, Captain Douglas had pulled it to pieces, had taken the boards on board the Iphigenia, and had given the roof to Captain Kendrick, who had used it as firewood.[85]

While there is no proof that the statement of these gentlemen is not true, yet they were too plainly prejudiced in favor of the Spanish to permit their testimony to be taken for its full face value in the absence of any corroborating evidence. There is, however, some indirect evidence to support their statement, and its value is the greater because of its being indirect, and still greater because it comes from the side of the English to whose interest it would have been to maintain the contrary. This appears in the extract which Meares quotes from the journal of the Iphigenia. In the entry made two days after his return from the Sandwich Islands and two weeks before the arrival of Martinez the writer says: “[We] sent some sails on shore and erected a tent to put our empty casks in.”[86]

If their house had still been standing they would doubtless have used it for this purpose instead of erecting the tent. Further, the fact that no mention is made of the house in this journal is pretty conclusive proof that it was not in existence on their arrival. Meares’s narrative of the departure of the Iphigenia in the preceding autumn is silent on the subject. In fact, there is no statement made even in Meares’s memorial that his house was still standing; but the memorial is so written, doubtless intentionally, that the casual reader would infer that the house was still there and that evidences of English occupation were unquestionable. This is doubtless what has led most historians who have touched upon the subject, among whom are some of the best, into the error of implying or openly declaring that there was a substantial English colony when the Spanish expedition arrived.[87]

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.[88] 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?

Captain Kendrick, of the American ship Columbia, which Martinez found at Nootka, and Captain Gray, of her consort, the Lady Washington, which was out on a trading cruise at the time, were slightly involved in the relations between the Spanish and English commanders. But the vessel under Portuguese colors furnishes the center of interest for the first month of Spanish occupation.

This vessel was the Iphigenia, which had sailed from China in company with the Felice, under Captain Meares, in the spring of 1788, but which had separated from the latter vessel, had spent the summer in trading on the coast of Alaska and had rejoined her consort in the autumn at Nootka, where they again separated, the Felice, under Meares, sailing for China with the furs collected by both vessels, and the Iphigenia, under Douglas, accompanied by the small vessel, the Northwest America, built at Nootka during the summer, going for the winter to the Sandwich Islands.[89] Returning to the American coast in the spring of 1789, the Iphigenia had reached Nootka sixteen days before the arrival of Martinez. Four days after her the little vessel, her consort, arrived, and preparations were immediately made to send the latter out on a trading cruise, that they might not be worsted in competition by the American sloop, the Lady Washington, which had just returned from a six weeks’ cruise to the southward and would soon set out on a similar trip to the northward. In four days more the necessary repairs were made, and on April 27 the Northwest America set out to trade with the natives to the northward,[90] not returning, and consequently not being of any further interest for six weeks, at the end of which time she assumes considerable importance.

The double national character of the expedition to which the Iphigenia belonged has already been discussed.[91] When, on May 5, the Spanish ship appeared, it was evidently thought better—for reasons which are not disclosed—to present the appearance of a Portuguese rather than an English ship. During the first few days all of the commanders seem to have been on the best of terms. According to the journal of the Iphigenia, Douglas was invited to dine on board the Spanish ship on the day of Martinez’s arrival. Three days later the officers of the Iphigenia and of the Spanish vessel all went to dine with Kendrick, the captain of the American ship, and the next day the officers of the American and Spanish ships dined on board the Iphigenia.

Thus, up to the 9th of May the utmost harmony prevailed. Douglas had acquainted Martinez with the distressed condition of his ship and the latter had promised to relieve him as far as lay in his power. On the 8th the Portuguese instructions and passport of the Iphigenia had been presented to Martinez.[92] These seem to be what started the difficulty. In his account to the Viceroy, Martinez says:

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

The instructions were addressed to Viana, captain of the sloop Iphigenia Nubiana, and signed by Juan Carvalho. Besides the perplexity of the double nationality of the vessel, Martinez’s suspicions were aroused by what he considered an obnoxious clause in the instructions. It read:

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.

Viana, the captain, Douglas, the supercargo, and Adamson, the first pilot, immediately answered the summons, and repaired on board the Princesa. Martinez began by demanding an explanation for their having anchored in a port of the Spanish dominions without a license from that Monarch. They replied that they were there in virtue of their passport from the governor of Macao; that, as to this port’s belonging to the Spanish dominions, they were ignorant of it, since the fact had not been published at the European Courts; and that they were informed by the first article of their instructions that this coast had been discovered by the Portuguese Admiral Fonte in 1640.[98] To this last Martinez responded that Portugal was at that time under the dominion of Spain. He likewise charged them to tell who this Carvalho was that had given such despotic instructions as the minister of a sovereign would hardly have given; to which they answered that he was the owner of the vessel. He then charged them with articles 18 and 19 of their instructions (the objectionable clauses quoted above). They replied that the articles in question had been misinterpreted; that they ordered Viana, in case his crew mutinied and he met with the vessel of a foreign nation, to appeal to that vessel for assistance in imprisoning his own crew and conducting them to Macao, and that the mutinous crew were the ones to be punished as pirates. Martinez insisted that this was not the true import of the articles, but a clumsy pretext. Considering their defense unsatisfactory, according to the cited article of the orders for the royal navy, Martinez demanded in the name of the King that they should surrender themselves as prisoners of war. The affidavit giving account of this was signed by Viana, Douglas, and Martinez before Canizares.[99]

This is Martinez’s account of the arrest, written at the time or very soon thereafter, since it bears the signature of Viana and Douglas, and they would have been most unlikely to sign it if they had not been compelled to do so while in captivity. It is very doubtful whether Martinez was truthful in his report of the clumsy fabrication offered by Viana and Douglas in defense of the objectionable clause. To have offered such, expecting it to be believed, they would have had to be either very stupid or absolutely certain that Martinez and all his associates were entirely ignorant of the Portuguese language—a very unlikely circumstance. This false defense may have been invented by the Spanish commander to give more color to the justice of the arrest. It would be more charitable and possibly more just to suppose that owing to his imperfect understanding of the language that they used, or its imperfect translation by his interpreter, he understood them to say this when they really said something very different. It is quite evident that his first translation of what he considered the objectionable clause in their instructions was incorrect. For in his rendering of it in the above account of the investigation he makes the clause read that Viana was to treat with respect all English, Russian, and Spanish vessels whose force was superior to his own, but, if he had the superior force, he was to seize them and carry them to Macao, where their crews should be tried as pirates. This is what he referred to when he spoke of their being so despotic. It is impossible to understand how, in a correct translation, he could have seen anything so obnoxious as he claimed to see. If, however, this rendering had been the correct one, it would have made the Iphigenia virtually a pirate ship, and Martinez would have been fully justified. But if his first translation was faulty, his later one was correct, as will be seen by comparing the quotation from it given above with the instructions of the Merchant Proprietors to Meares, the English commander of the expedition. They correspond almost word for word, differing only in the details necessary to give the appearance of a Portuguese instead of an English expedition.[100]

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.[103] 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.

Between May 13, when the Iphigenia was seized, and May 25, when she was released, part of her officers and crew were detained on board Martinez’s ship, the Princesa, and part on the San Carlos, the other Spanish ship, which had reached Nootka a week later than the commander’s. Of the conduct of the Spanish during these twelve days while they held the Iphigenia prisoner there are the most divergent accounts in the different sources.

According to the account of Douglas, a deaf ear was turned to his plea that he had been forced to enter the port because of the distress of his vessel, which was such that, had he entered a port of the Spanish dominions of South America he would have been allowed to repair his damages and depart in peace, and that consequently to take him prisoner in a port to which the King of Spain had never laid claim was a piece of injustice that no nation had ever attempted before. His offer to leave the port immediately in spite of his distress, if permission should be granted, was refused; he and his crew were most inhumanely treated, and their valuable personal effects and even their very clothes were stolen; Spanish colors were hoisted on their vessel and it was looted of its provisions and articles for trading with the natives and anything else that the Spaniards fancied. When his vessel was restored a very meager supply of provisions was sent on board, and an account presented which listed five times the quantity actually sent and charged five times their cost; he was compelled to sign a paper saying that Martinez had found him in distress and in want of everything, had supplied him with all necessary to take him to the Sandwich Islands, and had not interfered with his navigation; another paper was forced upon him by which he agreed that, if his papers should be found to be bad, the vessel was to be delivered up at Macao, and before he was allowed to sail a letter was demanded from him to Captain Funter, of the North-West America, ordering the latter to sell the schooner to Martinez; but, not having authority either to sell or to order another to sell, he said nothing in the letter that he left about selling the vessel, but advised Funter to act to the best of his judgment for the benefit of his employers.[104]

According to the account of the American captains, on the other hand, the officers of the Iphigenia “were treated with all imaginable kindness, and every attention paid them.”