The Virginia Gazette

Since our last arrived the Ship John, Capt. Seabrooke, the Maynard, Capt. Reynolds, and the Timothy and Jacob, Capt. Belcher, in York River; also the Amy, Capt. Newham, in James River, all from London; by whom we have the following Advices:

The Convention between the Crowns of Great-Britain and Spain, concluded at the Pardo on the 14th of January, 1739. N. S. Published by Authority.

WHEREAS Differences have arisen, of late Years, between the two Crowns of Great-Britain and Spain, on account of the Visiting, Searching, and Taking of Vessels, the Seizing of Effects, the Regulating of Limits, and other Grievances alledged on each Side, as well in the West-Indies, as elsewhere; which Differences are so serious, and of such a Nature, that if Care be not taken to put an entire Stop to them for the present, and to prevent them for the future, they might occasion an open Rupture between the said Crowns: For this Reason, His Majesty the King of Great-Britain, and His Majesty the King of Spain, having nothing so much at Heart as to preserve and corroborate the good Correspondence which has so happily subsisted, have thought proper to grant their Full Powers, viz. his Britannick Majesty to Benjamin Keene, Esq; his Minister Plenipotentiary to his Catholick Majesty, and his Catholick Majesty to Don Sebastian de la Cuadra, Knight of the Order of St. James, Councellor of State, and First Secretary of State and of the Dispatches; who after previously producing their Full Powers, having conferred together, have agreed upon the following Articles.

Article I.

Whereas the ancient Friendship, so desirable and so necessary for the reciprocal Interest of both Nations, and particularly with Regard to their Commerce, cannot be established upon a lasting Foundation, unless Care be taken, not only to adjust and regulate the Pretensions for reciprocal Reparation of the Damages already sustained, but above all to find out Means to prevent the like Causes of Complaint for the future, and to remove absolutely, and for ever, every thing which might give Occasion thereto: It is agreed to labour immediately, with all imaginable Application and Diligence, to attain so desirable an End; and for that Purpose, there shall be named on the Part of their Britannick and Catholick Majesties respectively, immediately after the signing of the present Convention, two Ministers Plenipotentiaries, who shall meet at Madrid within the Space of Six Weeks, to be reckoned from the Day of the Exchange of the Ratifications, there to confer, and finally regulate the respective Pretensions 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 likewise to be adjusted; the whole according to the Treaties of the Years 1667, 1670, 1713, 1715, 1721, 1728, and 1729, including that of the Asiento of Negroes, and the Convention of 1716; and it is also agreed, that the Plenipotentiaries so named, shall begin their Conferences Six Weeks after the Exchange of the Ratifications, and shall finish them within the Space 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 Commissaries on each Side, shall likewise be committed to the said Plenipotentiaries, to procure a more solid and effectual Agreement; and during the Time that the Discussion of that Affair shall last, Things shall remain in the aforesaid Territories of Florida and of Carolina in the Situation they are in at present, without increasing the Fortifications there, or taking any new Posts: And for this Purpose, his Britannick Majesty and his Catholick Majesty shall cause the necessary Orders to be dispatched immediately after the signing of this Convention.

Article III.

After having duly considered the Demands and Pretensions of the two Crowns, and of their respective Subjects, for Reparation of the Damages sustained on each Side, and all Circumstances which relate to this important Affair; It is agreed, that his Catholick Majesty shall cause to be paid to his Britannick Majesty the Sum of Ninety Five Thousand Pounds Sterling for a Ballance, which has been admitted as due to the Crown and the Subjects of Great Britain, after Deduction made of the Demands of the Crown and Subjects of Spain; to the End, that the above mentioned Sum, 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 Britannick Majesty for the Satisfaction, Discharge, and Payment of the Demands of His Subjects upon the Crown of Spain: It being understood nevertheless, That it shall not be pretended, that this reciprocal Discharge, extends or relates to the Accounts and Differences which subsist, or are to be settled between the Crown of Spain and the Company of the Asiento of Negroes, nor to any particular or private Contracts that may subsist between either of the two Crowns, Or their Ministers with the Subjects of the other, or between the Subjects and Subjects of each Nation respectively; with Exception however of all Pretensions of this Class mentioned in the Plan presented at Seville by the Commissaries of Great-Britain, and included in the Account lately made out at London, of Damages sustained by the Subjects of the said Crown, and especially the Three particulars inserted in the said Plan, and making but one Article in the Account, amounting to One Hundred Nineteen Thousand Five Hundred and Twelve Piastres, Three Reals and Three Quartils of Plate; and the Subjects on each Side shall be entitled, and shall have Liberty to have Recourse to the Laws, or to take other proper Measures, for causing the aforesaid Engagements to be fulfilled, in the same Manner as if this Convention did not exist.

Article IV.

The Value of the Ship called the Woolball, which was taken and carried to the Port of Campeachy in the Year 1732, the Loyal Charles, the Dispatch, the George,
and the Prince William, which were carried to the Havana in the Year 1731, and the St. James to Porto Rico in the same Year, having been included in the Valuation that has been made of the Demands of the Subjects of Great-Britain, as also several others that were taken before: If it happens, that in consequence of the Orders that have been dispatched by the Court of Spain for the Restitution of them, Part, or the Whole of them have been restored, the Sums so received shall be deducted from the 95,000 l. Sterling, which is to be paid by the Court of Spain according to what is above stipulated: It being however understood, that the Payment of the 95,000 l. Sterling shall not be, or that Reason in any Manner delayed; Saving that what may have been previously received shall be restored.

Article V.

The present Convention shall be approved and ratified by His Britannick Majesty and by His Catholick Majesty, and the Ratifications thereof shall be delivered and exchanged at London within the Space of Six Weeks, or sooner, if it can be done, to be reckoned from the Day of the Signing.

In Witness whereof, We the underwritten Ministers Plenipotentiaries of his Britannick Majesty and of His Catholick Majesty, by Virtue of our Full Powers have signed the present Convention, and caused the Seal of our Arms to be affixed thereto. Done at the Pardo the 14th Day of January, 1739.

SeBASTIAN de la QUADRA.

(L. S.)

[To be continued in our Next.]