Convention between the Crowns of Great-Britain and Spain, concluded at the Pardo on the 14th of January, 1739, N. S. W Hercas differences have arifen, of late years, be tween the two crowns of Great-Britain and Spain, on account of the vifiting, fearching, and taking of veffels, the feizing of effects, the regulating of limits, and other grievances alledged on each fide, as well in the Weft-Indies, as elsewhere; which differences are fo ferious, and of fuch a nature, that if care be not taken to put an entire stop to them for the prefent, and to prevent them for the future, they might occafion an open rupture between the faid crowns; for this reafon his Majefty the King of Great-Britain, and his Majesty the King of Spain, having nothing fo much at heart as to preferve and corroborate the good correfpondence, which has fo happily fubfifted, have thought proper to grant their full powers, viz. his Britannic Majefty to Benjamin Keene, Efq; his minifter plenipotentiary to his Catholic Majesty, and his Catholic Majefty to Don Sebastian de la Quadra, Knight of the order of St. James, counsellor of state, and firft fecretary of fate and of the difpatches; who after previoufly producing their full powers, having conferred together, have agreed upon the following articles. Article I. Whereas the ancient friendship, fo defirable and fo neceflary for the reciprocal intereft of both nations, and particularly with regard to their commerce, cannot be eftablished upon a lafting foundation, unless care be taken, not only to adjust and regulate the pretenfions for reciprocal reparation of the damages already fuftained, but above all to find out means to prevent the like caufes of complaint for the future, and to remove abfolutely, and for ever, every thing which might give occafion thereto; is agreed to labour immediately, with all imaginable application and diligence, to attain fo defirable an end; and for that purpose there fhall be named, on the part of their Britannic and Catholic Majefties refpectively, immediately it after after the figning of the prefent convention, two minifters plenipotentiaries, who fhall meet at Madrid within the fpace of fix weeks, to be reckoned from the day of the exchange of the ratifications, there to confer, and finally regulate the refpective pretenfions of the two crowns, as well with relation to the trade and navigation in America and Europe, and to the limits of Florida and of Carolina, as concerning other points, which remain likewife to be adjusted; the whole according to the treaties of the years 1667, 1670, 1713, 1715, 1721, 1728, and 1729, including that of the affiento of negroes, and the convention of 1716; and it is alfo agreed, that the plenipotentiaries, fo named, fhall begin their conferences fix weeks after the exchange of the ratifications, and shall finish them within the fpace of eight months. Article II. The regulation of the limits of Florida and of Carolina, which, according to what has been lately agreed, was to be decided by commiffaries on each fide, fhall likewise be committed to the faid plenipotentiaries, to procure a more folid and effectual agreement; and during the time that the difcuffion of that affair fhall laft, things fhall remain in the aforefaid territories of Florida and of Carolina in the fituation they are in at prefent, without increafing the fortifications there, or taking any new pofts; and for this purpose, his Britannic Majefty and his Catholic Majesty shall cause the neceffary orders to be dispatched immedi ately after the figning of this convention. Article III. After having duly confidered the demands and pretenfions of the two crowns, and of their respective fubjects, for reparation of the damages fuftained on each fide, and all circumstances which relate to this important affair; it is agreed, that his Catholic Majefty fhall caufe to be paid to his Britannic Majefty the fum of ninety five thousand pounds fterling for a balance, which has been admitted as due to the crown and the fubjects of Great-Britain, after deduction made of the demands of the crown and fubjects of Spain; to the above-mentioned fum, together with the amount of what has been acknowledged on the part of Great-Britain to be due to Spain on her demands, may be employed by his Britannic Majefty for the fatisfaction, difcharge, and payment of the demands of his subjects 'upon the crown of Spain; it being understood, nevertheless, That it fhall not be pretended, that this reciprocal difcharge extends, or relates to the accounts and differences, which fubfift, or are to be fettled between the crown of Spain and the company of the affiento of Negros, nor to any particular or private contracts that may fubfift between either of the two crowns, or their minifters with the fubjects of the other, or between the fubjects and subjects of each nation respectively; with exception however of all pretenfions of this clafs mentioned in the plan prefented at Seville by the commiffaries of Great-Britain, and included in the account lately made out at London, of damages fuftained by the fubjects of the said crown, and especially the three particulars inferted in the faid plan, and making but one article in the account, amounting to one hundred nineteen thousand five hundred twelve piaftres, three reals and three quartils of plate; and the fubjects on each fide fhall be entitled, and fhall have liberty to have recourse to the laws, or to take other proper meafures, for caufing the abovefaid engagements to be fulfilled, in the fame manner as if this convention did not exist. Article IV. The value of the fhip called the Woolball, which was taken and carried to the port of Campechy in the year 1732, the Loyal Charles, the Dispatch, the George and the Prince William, which were carried to the Havana in the year 1737, and the St. James to Porto Rico in the fame year, having been included in the valuation that has been made of the demands of the fubjects of Great-Britain, as alfo feveral others that were taken before; if it happens, that in confequence of the orders that have been dispatched by the court of Spain for the reftitution of them, part, or the whole of them have been reftored, the fums fo received fhall Thall be deducted from the 95,000l. fterling, which is to be paid by the court of Spain according to what is above ftipulated: it being however understood, that the payment of the 95,000l. fterling fhall not be, for that reason, in any manner delayed; faving that what may have been previously received fhall be reftored. Article V. The present convention fhall be approved and ratified by his Britannic Majefty and by his Catholic Majesty'; and the ratifications thereof fhall be delivered and exchanged at London within the space of fix weeks, or fooner if it can be done, to be reckoned from the day of the figning. In witnefs whereof, We the underwritten minifters plenipotentiaries of his Britannic Majefty and of his Catholic Majefty, by virtue of our full powers, have figned the prefent convention, and caused the feal of our arms to be affixed thereto. Done at the Pardo the 14th day of January, 1739 B. Keene Sebaftian de la Quadra, His Britannic Majefty's Full Power. GEORGE R. G EORGE the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, Duke of Brunfwic and Lunenburg, Arch-Treafurer of the Holy Roman Empire, and Prince Elector, &c. To all and fingular to whom thefe prefents fhall come greeting. Whereas certain differences have arifen, of late years, between us, and our good brother the King of Spain, concerning the vifiting and fearching of merchant fhips, and the feizing of them and of their goods and merchandizes, the regulation of limits, and other grievances alledged on each fide, as well in the West Indies, Indies, as elsewhere, which, if care be not taken to put an end to them at prefent, and provifion made that the like may not happen for the future, might at length occafion an open rupture. And whereas we have nothing fo much at heart, as to take care, by fettling the rights, on cach fide, according to the tenor of the treaties, and by removing, as much as can be done, all cause of complaint for the future, to establish and preferve, for ever, the friendship that has fubfifted between us and the King of Spain; and whereas the aforefaid King of Spain has declared, That he will willingly concert with us the proper measures for obtaining fo defirable an end: Know ye therefore, that we repofing fpecial truft, in the fidelity, prudence, integrity and diligence of our trufty and wellbeloved Benjamin Keene, Efq; our minifter plenipotentiary at the court of the aforefaid Catholic King, have nominated, made, and appointed the faid Benjamin Keene, as We do, by these prefents, nominate, make and appoint him our true, certain and undoubted commiffioner, procurator and plenipotentiary, giving and granting to him, all, and all manner of faculty, power and authority, together with general as well as fpecial order, (so as the neral do not derogate from the fpecial, and fo on the contrary) to meet, treat, confer and conclude for Us, and in Our name, with the minifter or minifters furnished with fufficient power on the part of our good brother the Catholic King, of and upon fuch treaty or treaties, convention or conventions, as may moft conduce to the above inentioned purposes, as alfo upon articles, whether secret or feparate; and laftly, upon all things which fhall feem moft proper for promoting and perfecting the faid work; and in cur name to fign, and mutually to deliver, and receive, what shall be fo concluded and agreed, and to do and perform all other things neceffary to be done, in as ample manner and form, as We Ourfelves, were We prefent, would do and perform; engaging and promifing on Our royal word, that whatever fhall be concluded by our faid commiffioner, procurator, and plenipotentiary, We will ratify, approve, and accept it all in the best manner; and that We will never fuffer any perfon to violate the fame in the whole, or in part, or to act contrary thereto. ge |