HC Deb 27 March 1809 vol 13 cc809-12
Mr. Secretary Canning

presented to the house, by his majesty's command, the Copy of a Treaty of Peace, Friendship, and Alliance, between his Britannic majesty and his Catholic majesty Ferdinand J, signed at London, 14th January 1809; with two separate and one additional Article: viz.

TREATY of Peace, Friendship, and Alliance, between his Britannic majesty and his Catholic majesty, Ferdinand the 7th Signed at London, the 14th day of January, 1809.

In the Name of the most Holy and Undivided Trinity.—The events which have taken place in Spain having terminated the state of hostility which unfortunately subsisted between the crowns of Great Britain and Spain, and united the arms of both against the common enemy, it seems good that the new relations which have been produced between two nations, now connected by common interest, should be regularly established and confirmed by a formal Treaty of Peace, Friendship and Alliance: wherefore, his majesty the king of the United Kingdom of Great Britain and Ireland, and the Supreme and Central junta of Spain and the Indies, acting in the name and on the behalf of his Catholic majesty Ferdinand 7, have constituted and appointed; that is to say, his majesty the king of the United Kingdom of Great Britain and Ireland, the right honourable George Canning, one of his majesty's most honourable privy council, and his principal Secretary of State for foreign affairs; and the Supreme and Central Junta of government of Spain and the Indies, acting in the name and on the behalf of his Catholic majesty Ferdinand 7, Don Juan Ruiz de Apodaca, commander of Vallaga and Algarga in the military order of Calatrava, rear admiral of the royal navy, named by the Supreme and Central Junta of government of Spain and the Indies, as envoy extraordinary and minister plenipotentiary of his Catholic majesty Ferdinand 7, to his Britannic majesty; their plenipotentiaries, to conclude and sign a Treaty of peace, friendship and alliance: who, having communicated their respective full powers, have agreed to and concluded the following articles;

Art. I. There shall be between his majesty the king of the United Kingdom of Great Britain and Ireland, and his Catholic majesty Ferdinand 7, king of Spam and of the Indies thereunto appertaining, and Between all their kingdoms, states, dominions, and subjects, a Christian, stable and inviolable peace; and a perpetual and sincere amity, and a strict alliance during the war against France; together with an entire and lasting oblivion of all acts of hostility done on either side, in the course of the late wars, in which they have been engaged against each other.

Art. II. To obviate all complaints and disputes which might arise on the subject of prizes, captured posterior to the Declaration published by his Britannic majesty on the 4th of July of the last year, it has been mutually agreed, that the vessels and property taken posterior to the date of the said Declaration, in any seas or ports of the world, without any exception and without any regard either to time or place, shall be restored by both parties. And, as the accidental occupation of any of the ports of the peninsula by the common enemy, might occasion dispute respecting any vessels, which in ignorance of such occupation might direct their course to those ports from any other harbour, either of the peninsula or the colonies; and as cases may occur in which Spanish inhabitants of the said ports or provinces so occupied by the enemy, may, with their property, endeavour to escape from his grasp; the high contracting parties have agreed that Spanish vessels, not aware of the enemy's occupation of any harbour which they are desirous to enter, or such as may succeed in making their escape from any harbour so occupied, shall not be captured, nor themselves nor their cargo be considered as a good prize; but, on the contrary, that they shall meet with every help and assistance from the naval power of his Britannic majesty.

Art. III. His Britannic majesty engages to continue to assist, to the utmost of his power, the Spanish nation in their struggle against the tyranny and usurpation of France, and promises not to acknowledge any other king of Spain and of the Indies thereunto appertaining, than his Catholic majesty Ferdinand 7, his heirs, or such lawful successor as the Spanish nation shall acknowledge: and the Spanish government in the name and on the behalf of his Catholic majesty Ferdinand 7, engages never, in any case, to cede to France, any part of the territories or possessions of the Spanish monarchy, in any part of the world.

Art. IV. The high contracting parties agree to make common cause against France; and not to make peace with that power except by common consent.

Art. V. The present Treaty shall be ratified by both parties, and the exchange of the ratifications shall be made in the space of two months (or sooner if it can be done) in London.

In witness whereof, we the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present Treaty of peace, friendship and alliance, and have sealed it with the seals of our arms.

Done at London 14th January, 1809.

(L. S.)GEORGE CANNING.

(L. S.)JUAN RUIZ DE APODACA.

Art. I. (Separate). The Spanish government engages to take the most effectual measures for the preventing of the Spanish squadrons in all the ports of Spain, as well as of the French squadron taken in the month of June, and now in the harbour of Cadiz, from falling into the power of France. For which purpose his Britannic majesty engages to co-operate by all mean in his power.—The present separate Article shall have the same force and validity as if it were inserted, word for word, in the Treaty of peace, friendship and alliance signed this day, and shall be ratified at the same time. In witness whereof, we, the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present separate Article, and have sealed it with the seals of our arms.

Done at London 14th January, 1809.

(L. S.) GEORGE CANNING.

(L. S.) JUAN RUIZ DE APODACA.

Art. II. (Separate). A Treaty shall forthwith be negocialed, stipulating the amount and description of succours to be afforded by his Britannic majesty, agreeably to the third Article of the present Treaty.—The present separate Article shall have the same force and validity, as if it were inserted, word for word, in the Treaty of peace, friendship and alliance signed this day, and shall be ratified at the same time.—In witness whereof, we, the undersigned plenipopotentiaries, have signed, in virtue of our respective full powers, the present separate Article, and have sealed it with the seals of our arms.

Done at London, 14th January, 1809.

(L. S.)GEORGE CANNING.

(L. S.)JUAN RUIZ DE APODACA.

Additional Article.—The present circumstances not admitting of the regular negociation of a Treaty of Commerce between the two countries, with all the care and consideration due to so important a subject, the high contracting parties mutually engage to proceed to such negociation as soon as it shall be practicable so to do; affording, in the mean time, mutual facilities to the commerce of the subjects of each other, by temporary regulations founded on principles of reciprocal utility.—The present additional Article shall have the same force and validity, as if it were inserted, word for word, in the Treaty of peace, friendship and alliance signed at London the 14th day of January, 18O9.—In witness whereof we, the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present additional Article, and have sealed it with the seals of our arms.

Done at London, 21st March, 1809.

(L. S.)GEORGE CANNING.

(L. S.)JUAN RUIZ DE APODACA.