Governor Jonathan Belcher's Proclamation
Concerning International Peace Treaty (1730)
By His EXCELLENCY
Captain General and
GOVERNOR in Chief in and over His Majesty's Province of
New Hampshire in New England.
A Proclamation.
WHEREAS a treaty of peace,
union, friendship, and mutual defense between the Crowns of Great Britain,
France, and Spain was concluded at Seville on the ninth day of November, One
Thousand Seven Hundred and Twenty-nine, Wherein it was Agreed, That there should
be from that time and forever a solid peace, a strict union, and a sincere
friendship between the most Serene King of Great Britain, the most Serene, most
Christian King, and the most Serene King of Spain, their heirs and successors,
as also between their kingdoms and subjects, for the mutual assistance and
defense of their dominions and interests, and likewise an oblivion of all that
is past; And whereas in the articles preliminary to the said treaty, it is
particularly stipulated, That the commerce of the English nation, as well in
Europe, as in the Indies, shall be re-established on the foot of the treaties
and conventions antecedent to the year 1725; As also that all hostilities shall
cease on both sides; And that if any troubles or hostilities should happen
between the subjects of the contracting parties, either in Europe or in the
Indies, the contracting powers should concur for the reparation of the damages
sustained by their respective subjects; And in conformity thereunto, It is
agreed in the said treaty, That His Catholic Majesty should forthwith make
reparation for the damages which have been suffered in Europe since the time
prescribed in the said Preliminary Articles for the Cessation of Hostilities, as
also for the damages suffered in America since the arrival of his orders at
Carthagena, viz. On the eleventh day of June 1728, Old Style, Their Britannic
and most Christian Majesties promising on their part to cause reparation to be
made for what damages may have been suffered by the subjects of His Catholic
Majesty; For the stating and adjusting whereof, It is likewise agreed in the
said treaty, That commissaries shall be appointed with sufficient powers from
their Britannic and Catholic Majesties, to assemble at the Court of Spain within
four months after the exchange of the ratifications of the said treaty, or
sooner if it might be, to examine and decide what concerns the ships and effects
taken at sea on either side to the times before specified, as likewise to
examine and decide, according to the treaties, the respective pretensions which
relate to the abuses which are supposed to have been committed in commerce as
well in the Indies as in Europe; And that after they have examined and decided
the abovesaid points and pretensions, the said commissaries shall make report of
their proceedings to their Britannic and Catholic Majesties, who promise that
within the space of six months, after the making of the said report, they will
cause to be executed punctually and exactly what shall have been so decided by
the said commissaries; And whereas by separate Articles in the said Treaty, It
is further Agreed, That all ships, merchandise, and effects, which shall not
have been taken or seized on account of unlawful commerce, and which shall now
be proved by authentic proofs and documents to have been detained, seized, or
confiscated in the ports of Spain, either in Europe or the Indies, If they have
not been restored already, shall be immediately restored in the same kind as to
those things which shall be found still remaining in that condition, or in
default thereof, their just and true value according to their valuation, which
if not made at the time, shall be regulated by the authentic informations, which
the proprietors shall exhibit to the magistrates of the places and towns where
the seizures were made; His Britannic Majesty promising the like on his part as
to all seizures, confiscations, or detentions which may have been made contrary
to the tenor of the said Treaties; And that as to such seizures and
confiscations on either side, the validity of which may not as yet have been
sufficiently made out, the discussion and decision of them shall be referred to
the examination of the commissaries, to do therein according to right, upon the
foot of the treaties now subsisting between the said Crowns. And for rendering
more effectual the said Agreement for a Restitution of the said ships and
effects seized and detained as above-mentioned, His Catholic Majesty hath issued
his cedulas to his viceroys of Peru and New Spain, and to the governors and
royal officers of the ports within the same, commanding them to see that
restitution be made accordingly, as also reparation for any damage that may have
been sustained by the delay thereof.
I HAVE therefore thought fit
to issue this Proclamation, to the intent that all His Majesty's good subjects
within this Province may be fully apprized and informed of the said Treaty, so
far as it concerns the inhabitants of these His Majesty's American dominions,
that so those more immediately interested may reap the fruits and benefits
thereof; hereby requiring all persons whatsoever punctually to conform
themselves thereunto.
And in pursuance of His
Majesty's Commands signified in His Royal Letter to me directed, I do
hereby strictly enjoin all His Majesty's good subjects within the Province
aforesaid, to forbear and abstain from all acts of hostility against the
subjects of the King of Spain; And that if any prize or prizes have been or
shall be taken from His said Catholic Majesty's subjects since the eleventh day
of June 1728, full restitution be made of such prize or prizes, or in default
thereof, of the just value of the said prize and their cargos at the time when
they were taken, according to the authentic proofs and vouchers of such
valuation, that have been or shall be produced by the respective owners of such
prizes and cargos who shall claim the same; And that reparation be given
according to justice for any further damage occasioned by the detention of such
prizes till the time of their being delivered up. Excepting always any
seizures that may have been or may be made on account of any illegal trade
carried on contrary to the Laws and Treaties of peace and commerce; And that the
owners of the prizes to be restored, do in pursuance hereof freely enjoy the
same, and their effects, and carry them at their pleasure to their own ports.
And all and singular His Majesty's officers and ministers within this Province,
and all others whom it may concern, are required to use their utmost endeavors
that His Majesty's commands herein be strictly executed and obeyed.
Given at the Council Chamber
in Boston the [twenty-sixth] day of August 1730. In the fourth year of the reign
of Our Sovereign Lord GEORGE the Second, by the Grace of GOD of Great Britain,
France and Ireland, KING, Defender of the Faith, and etc.
By His Excellency's
Command,
J. BELCHER.
GOD save the King. BOSTON: Printed by B. Green, Printer to His
Excellency the Governor and Council. 1730.
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