remain'd free to be appropriated by the Occupation and possession of any other People a Rule Uncontraverted amongst all Nations on the Face of the Earth But the Case of America being That before any Plantations were Settled there by the Spaniards the Natives were undoubtedly the Possessors and Proprietors It follows necessarly That Colonies coming to Settle among them must derive Right from them and that either by Consent Surrender or Conquest it being impossible in the case of Countries inhabited there can be any other Manner or Mean of Acquisition But so it is That the Spaniards acquiring after this manner neither could nor can pretend to have Right to more than did pertain to the People where they Settled whether by Consent Surrender or Conquest Whence it necessarly follows That since Darien was a distinct Country and the Inhabitants thereof a distinct People from those Countries and Nations where the Spaniards have hitherto Settled whether by Consent Surrender or Conquest The Spaniards cannot pretend to extend their Right beyond that of their Predecessors and the People Country of Darien must still be as free from the Spaniards as they were from their Predecessors and consequently that the Company coming to possess with the Dariens Consent and by their Right must be in the like Condition and noways lyable to either the Claim or Complaint of the Spaniards That the Country and Natives of Darien did never submit to or were conquered by the Spaniards must stand as a sure Position unless the contrary be proven But further it is also certain That the Dariens were never Repute to have any Dependency even on the great Empires of Mexico and Peru much less upon the little places of Carthagena Porto-bello or Panama Besides The Dariens have been in frequent War with the Spaniards since their first arrival into these Parts and were never to this day Conquered All which being attested by the English and other Travellers who have Written on this Subject It appears to be beyond Controversy That the Company having Settled with the Consent of these Dariens must have the same Right with the same Priviledges and Freedom of Trade which the Dariens had and that both are equally free from all the Spanish Pretensions It is a known Case that an English Man one Sharp having join'd with the Dariens against the Spaniards invaded their Territories he was accused by the Spaniards in England as guilty of Robbery and Piracy but was acquitted because he acted by Commission from one of the Darien Princes which is an undeniable Evidence that this Prince and his Countrey were judged to be independent on the Spaniards The Spaniards may also have wrought Mines of Gold and Silver within the Isthmus but no such possession can support their Complaint The nearest possession of Mines that they can pretend was in Captain Diego's Country on the Gulf of Darien more than 15 Leagues distant from the Company 's Settlement Neither did the Spaniard get these Mines by Conquest or Purchase but by a plain stipulate Permission from Captain Diego and his people which changed not the Property And upon Breach of Conditions the Spaniards were quickly cast out so that when the Company came to settle on the Isthmus it was fully cleared of the Spaniards all their pretences Carthagena Portobello and Panama are adjacent to and do in a manner environ the Isthmus of Darien But that this Vicinity gives to the Spaniards no Claim of Right is evident from many Instances Tangier Cheuta and Mamora ly in the Bosom of the Empire of Morocco and yet belong to European Princes The English and French have Neighbouring Settlements upon the River Gambo in Africk and all along the Coast of Africk the English and other European Princes have their Settlements intermixed and contiguous where they Trade with all Freedom without any mutual Impeachment The English and French have both Plantations upon the Island of Newfoundland and the Dutch in time of Peace settled upon Long-Island and the adjacent Countrey environed on all hands by the English Plantations and yet no War ensued but the Dutch continued their possession till the Exchange was made for Suranam The Spanish Fleets do necessarly pass betwixt the Cape of Florida belonging to the Spaniards and the Bahama Islands yet the English possess themselves of the said Islands and have also several times settled at Port-Royal in the bottom of the Bay of Campiechy in the Gulf of Mexico for cutting of Logwood and have thence removed and settled again at their pleasure The French have also endeavoured to settle in the Bay of Mexico and lately and more closely in the Samblas Islands on the Coast of Darien They likewise settled a Colony in Petitguavis in Hispaniola and in Guiana on the Continent notwithstanding of the Vicinity of the Spaniards The Dutch and Portuguese have their Respective Plantations on the Coast of Brasil to which the Spaniards pretend Right as well as to the Isthmus of Darien such as the Islands of Curasao and Bowane near to Carthagena on the East and Suranam and others upon the Continent and yet never quarrelled It is granted that the Spaniards in their excessive Jealousie and upon the Pretext that by Treaties none were to Trade in their Ports or Harbours such as Carthagena and Porto-bello without their Licence have seized and made prize of the Ships that they have found upon the Coast betwixt the said Places But first they did this upon pretext of the said Treaties Secondly Injury and Violence make no Right And thirdly it is most certain when the Spaniards have been overcomeand beat off in such Attempts and forced to suffer both Dutch and English to cut Logwood on that Coast yet the Spaniards did never complain of any Violation of Right as knowing perfectly they had none as may be seen in Dampier Wafer and other writers The Spaniards at first endeavoured to amuse the World with the Popes Gift of the West-Indies and after the King of Spain's becoming King of Portugal and in the Right of that Crown claiming the Benefit of the Popes Gift of the East-Indies he assumed the Magnifick Title of Indiarum Rex Yet he was never able to make good his Right or exclude others by these empty Names but in all Competitions the Pretentions of Spain did either resolve in Occupation of what was void or surrendered or conquest of what was possess'd by Natives and that Title was never much regarded either by Spain Portugal or any other Prince Popish or Protestant The second Head which may be pleaded for the Spaniard is the Treaties that have been betwixt the Crowns of England and Spain But 1mo Granting that the Kingdom of Scotland will never disown any Treaty betwixt their King whom GOD long preserve and prosper may be concerned where are these Treaties that exclude either the Scots or English from possessing Darien if not inhabited or where Inhabited with consent of the Inhabitants If the Spaniard propone upon these
and so undersell any other Nation during that Immunity It s Answered That the Company in England have almost the same Priviledge since if they please to Export after their Return from the Plantations they are allowed to do it freely with a full Draw-back excepting only 3 or 4 per Cent. 3tio It is with Submission Represented That in all Appearance if the Company of Scotland had not seized the foresaid Post in Darien the French had certainly taken it And now that it is discovered to be so advantageous for Trade it is not to be doubted but that the French who shew such Earnestness to have the Scots excluded will certainly if any such thing should happen possess themselves of it not only to the Hurt of the English Plantations but to the far greater Prejudice if not the Ruin of the Spaniards Interest in the Indies And therefore All things truly and justly considered it is hoped that not only the English will become more and more favourable to so good a Design but that even the Spanish will the more easily acquiesce to Reason and Justice that they see a more Powerful Competitor ready to catch hold of an Advantage that cannot be so safe for them in the Hands of any other Nation as in the Possession of the foresaid Company 3d. MEMORIAL By the same THe Company of Scotland Trading to Africa and the Indies being endued with very ample Priviledges hath settled a Colony at Darien a Countrey very fit and proper for that purpose not only for the Richness of the Soil and Mines but likeways by its Situation for Trade The Spaniards have the most considerable Interest and Plantations in America and are not willing that any other Nation or People should have share of the Advantages and Benefits they draw from thence which is not Singular in the present Case because they have ever withstood all Planters either upon the Continent or American Islands by Acts of Violence and Hostility as if every Settlement in America were an Encroachment upon the Right of Spain There is lately a Memorial offered in behalf of the King of Spain to one of the Secretaries of State of the Kingdom of England to the Effect following My Lord Ambassador of Spain finding himself oblig'd by express Order to represent to His Majesty of Brittain what follows Prays Mr. Vernon to represent to his said Majesty That the King his Master being informed from several parts and last of all by the Governour of Havana of the Insult and Attempt of some Scots Ships equipt with Men and Ammunition necessary who endeavours to post themselves in the Soverign Dominions of His Majesty in America and particularly in the Province of Darien His Majesty received this Information with Dissatisfaction as a Mark of little Amity and a Rupture of the Alliance which is betwixt the two Crowns which His Majesty hath always observed very Religiously and from which so much Advantage and Profit hath resulted both to His Majesty and his Subjects after which good Correspondence His Majesty did not exspect such sudden Attempts Insults from His Majestys Subjects and that in time of Peace without any Pretext or Cause in the most inward part of his Dominions All that the King desires That this be presented to His Majesty of Brittain and that His Majesty is very sensible of such Hostilities and Unjust Procedures against which His Majesty will take such Measures as are convenient London May 3d. 1699. THe Charge is great and if it can be made appear that the King of Spain is Invaded as is pretended it is but Reason there should be just Reparation It must be acknowledged That it is a fair way of dealing that the Spanish Rights and Pretensions are thus asserted by Memorial and an Opportunity afforded and that the whole World may be satisfied that His Sacred Majesty the King of Great Brittain hath granted no Patent to His Subjects in Scotland disagreeable to Treaties with Spain and that the Scots Company have not exceeded the Limits of their Patent to the prejudice of Spain There may be many Reasons offered to satisfy Spain and all other Nations of Europe except the French that if the Scots had not settled in that Isthmus or if they were now to remove from it the same would be possess'd by another People more dangerous to the Interest of Spain and in due time it may be made appear that the Scots Settlement is for the Honour of the King the Interest of England but the present design is only to satisfie the World that the Patent granted by His Majesty was agreeable to the Treaty with Spain and that the Scots Company have not exceeded the Terms of their Patent and that they have Right to what they possess in the Isthmus of Darien according to the Law of Nations and that most part of the Nations in Europe have settled Plantations in the American Islands or Continent upon no other Foundation than the Scots It is the Interest and Policy of all Governments to improve the Natural Product of a Countrey and to encourage Forreign Trade The Experience of all Nations makes appear That nothing contributes so effectually to these ends as Forreign Plantations Scotland is amongst the last of the Nations of Europe in settling Forreign Plantations tho' there be few that can propose more Advantage that way because the Nation affords many Subjects of Manufacture and abounds in Men which is the greatest Riches as well as the Strength of a Nation Yet for want of Forreign Plantations many have been useless and burdensome to their Native Countrey and have been constrained to serve Abroad in Forreign Wars or into Plantations of other Countreys And it is to be observed that wherever they have planted they have encreased and multiplied as particularly in Ireland but no part of the Benefit does accrue to their Native Countrey The Nation has very long desired Forreign Settlements of their own and did make some Attempts that way which proved ineffectual for want of due Encouragement but His Sacred Majesty as Father of his Countrey regarding the Welfare of it did endue the same with suteable Encouragements by the 32d Act Par. 1693. and by the 8th Act Par. 1695. Yet both these Laws were granted with a due regard to all former Planters And did only allow them to plant Colonies build Cities Towns and Forts in Asia Africa and America upon Places not inhabited or in or upon any other Place by Consent of the Natives or Inhabitants thereof and not possessed by any European Sovereign Potentate Prince or State By these Acts of Parliament and Patent conform His Majesty did sufficiently provide that the Possession of no European Prince should be invaded or molested And if Spain be injured the Company must acknowledge that the Injury flows from them by exceeding the Limits of their Patent It remains to be cleared in behalf of the Company that they have strictly observed the Rules prescrib'd by the
particular Rivers Creeks Bays c. in America as if neither Party claimed Universal Title over all The 15th Article of the said Treaty provides that the same shall in nothing derogate from any preheminency Right or Dominion of any Confederate in the American Seas Channels or Waters but that they have and retain the same in as full and ample manner as may of right belong unto them providing always that the Liberty of Navigation ought in no manner to be disturbed This Article relates to certain Preheminencies and Priviledges claim'd by Spain in the American Sea which by the Treaty was not yeilded but left in the same state as formerly and if the King of Spain had pretended to an Universal Right over all America in so far as is not possess'd by other European Princes why was he more carefull to preserve his Claim of Sovereignty in the Seas and forgot his Dominion upon the main Land There can be no other reason for it but because there was no such thing in prospect as appears by the whole Tenor of the Treaty Nothing hath been alledged in behalf of Spain to make any disparity betwixt all the Settlements that have been made in America by the Subjects of the King of Brittain or other Princes except the Treaty 1670 Which when duly considered makes no disparity at all For albeit the Possession of the King of Brittains Subjects be thereby confirmed yet it will not be acknowledg'd by the King of Great Brittain or any other Prince that the Settlements made by their Subjects were illegal or violent untill confirmed by the King of Spain and all Nations who have Planted there must sustain and justify the Scots Settlement or acknowledge that the Settlement of their own Subjects were injurious to the Right of Spain It is not nor can be denyed that the Dariens have been at frequent War with Spain altho' they pretend that the Dariens were rather Rebels than Enemies That is only for to beg the Question for the Natives having the Ancient undoubted Right it must be instructed that they became Subjects before they could be Rebels And tho' it be alledged that what was done in Sharp's Case was reckoned a Jest and that he was not acquitted upon that ground as acting by Commission from the Dariens yet the matter of Fact is certain and known and was indeed remarked by all England that Sharp join'd with the Dariens did commit acts of Hostility and carried away great booty from the Spaniards and was pursued for Restitution in England and did propone a Defence That he acted by Commission from an Independent People and was acquitted by a competent Judicature in England These matters of Fact being all acknowledged it must be thought that a Decision in the way of Justice was no Jest but according to the Law of the Nation To Conclude and Sum up the whole Matter The Scots did not move one foot untill they obtain'd two Acts of Parliament and a Patent in their favours These Acts tho' very ample were framed with a just regard to former Planters who by the express Tenor of the said Laws were not to be invaded or molested in their Possession even the just Right and Property of the Infidel Natives was considered and the Undertakers not allowed to dispossess them by Force and Violence but to Plant with their consent Upon the faith of these Laws a greater Stock was advanced in Scotland than ever was raised by any other Nation upon the first project of a Forreign Plantation the Directors of the Company did very narrowly and exactly consider all the Treaties with Spain and pitched upon a place that the whole World considers to be of a great value for founding and raising a profitable Trade to the Honour of the King who as the Father of the Countrey did endue them with ample and just Priviledges to the encrease of the Strength and Riches of the Isle of Brittain which is all under the Government of one Monarch of one Religion and Interest and can have no different Friends or Enemies without endangering the whole In one word The Scots Company have acted deliberatly for advantage to themselves the Nation and the Isle of Brittain they have only used their own Right and have wronged no Nation or People nor exceeded the Limits of their Patent in any circumstance And if any will stand up for the Interest of Spain and call in question the matters of Fact and principles of Law above asserted which are generally known and need not to be confirmed by particular Citations they may assuredly expect that what has been affirmed shall be made further clear and evident beyond contradiction and whatever Obstacles or Difficulties have or may fall in Ardua quae Pulchra the undertaking was deliberate just for the interest of the Nation and with more regard to the Right of former Planters and Natives than any former Project of that Nature FINIS ADVERTISEMENT WHoever would be furnished with any more Arguments for proving the legality of the Settlement of Caledonia and with a full account of all the considerable occurrences relating thereunto may have his judgment sufficiently inform'd and his Curiosity abundantly gratified by reading the following Books 1. A Defence of the Scots Settlement at Darien 2. A short and impartial view of the manner and occasion of the Scots Colony's coming away from Darien 3. An Enquiry into the Reasons of the Miscariages of the Scots Colony at Darien c. 4. A just and modest Vindication of â—he Scots Design for the having established a Colony at Darien 6. A full and exact Collection of all the considerable Addresses Memorials Petitions Answers Proclamations Declarations Letters and other Publick Papers relating to the Company of Scotland Trading to Africa and the Indies since the passing of the Act of Parliament by which the said Company is established together with the Act it self