Falkland Wars: British Abandonment in 1774 – Fact or Myth

Roger Lorton M.Phil

2013

Introduction

In 1774 the garrison at Port Egmont in the Falkland Islands was withdrawn. The reasons for this, as given at the time were that it was but - “.. a matter of small consequence, that, in order to avoid the expense of keeping any seamen or marines at Falkland’s Island, they would be brought away, after leaving there the proper marks or signals of possession, and of its belonging to the Crown of Great Britain. ... it is only a private regulation with regard to our own convenience; yet I am inclined to think from what passed formerly on this Subject that they will be rather pleased at this Event, your Lordship may, if they mention it to you, freely avow it without entering into any other Reasoning thereupon. .. it is neither more nor less than a small part of an economical naval regulation.” 1

Although not yet declared officially 'rebellious' by King George III, the American colonies were proving difficult and there was recognition in London that matters would eventually come to a head – with all the costs involved in sending forces to North America.

The quote above is from a letter to Britain's Ambassador in Madrid and there was a reason that Lord Rochford went to the trouble of informing the Spanish.

This particular 'defence cut' came only three years after Britain had come to the edge of war with both Spain and France over the Falkland Islands. The dispute went back further, to Spain's 15th century assertion that the America's belonged to her.

Britain's involvement arose in 1748 when Admiral Anson persuaded the British Government to fit out vessels for an incursion into the Pacific – and to survey the Falklands on their way. Anson had circumnavigated the globe and recognised the strategic advantages in having a British base somewhere near Cape Horn with the Falklands high on his list of potential sites.

On hearing of the plan in 1749, Spain protested citing Article 8 of the Treaty of Utrecht 1713 as confirmation of her rights to those seas. Britain countered with a claim of right based on first discovery in 1594 and a dramatically different interpretation of Art.8 which was not viewed as limiting in any way an English right to make claims. In the process of making peace with Spain following the Wars of Jenkins Ear, and Austrian Succession the British Government decided to postpone the mission - " .. for the present, and without giving up the right to send out Ships for the discovery of unknown & unsettled Parts of the World."

Fifteen years later, Britain dusted off its plans and sent Commodore John Byron, who had sailed with Anson, to take a look at the archipelago with a view to ascertaining it strategic worth. His orders show the long-standing belief of a right held by the English Court - “ .. his Majesty's islands called Pepy's island, and Falklands islands, lying within said tract; have never yet been sufficiently surveyed as that an accurate judgment may be formed of their coasts and product: his Majesty; conceiving no conjuncture so proper for an enterprise of this nature; as a time of profound peace, which his kingdoms at present happily enjoy, has thought fit that it should now be undertaken."

1 Lord Rochford to Ambassador Grantham February 11th, 1774.

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Byron sailed in July, 1764 unaware that others had also been considering the advantages of a safe harbour in the south Atlantic.

Louis-Antoine de Bougainville, the French adventurer, had served with his country's diplomatic mission to London in 1754 and was fully aware of Anson's views on the strategic value of the Falkland Islands. In 1763 Bougainville put forward a proposal to France's Minister du Marine, Étienne-François, comte de Stainville, duc de Choiseul for a settlement on East Falkland at a place already known to French seamen from St. Malo as Port St. Louis.

Choiseul was hungry for some revenge following the loss of the Seven Years War and supported the plan, and so, with echoes of his King's best wishes still ringing in his ears, Bougainville, and 30 colonists, sailed from St. Malo in September 1763 in two ships,; the first of which arrived in Montevideo three months later to enjoy the hospitality of the local Governor, Joaquín de Viana. Who promptly sent a message back to Madrid.

Bougainville arrived at East Falkland in February, 1764 and set up his small settlement before returning to France; where he found an argument brewing between the Courts of Madrid and Versailles. The two Kings were related and there was a Family Compact between the two which was supposed to ensure good relations. Charles III of Spain was not happy about France's plans for the south Atlantic however, and was demanding that his cousin, Louis XV, give up any pretensions to the Falklands in recognition of Spain's claims to the Americas.

Much to Bougainville's, and Choiseul's, chagrin Louis backed down in 1766 and agreed that the French settlement should be handed over provided that Charles compensated Bougainville for his losses. Details were finally drawn up and the buildings and livestock were handed over at Port Louis in 1767. Port Louis was quickly renamed Port Soledad.

Meanwhile, Byron had arrived off West Falkland in January 1765 and, still in ignorance of the French, had restated Britain's claim of 1594 - “ The Union Jack was erected on a high staff and being spread I named the whole of His Majesty's Isles which I claimed for the Crown of Great Britain, His heirs and successors.”

Byron's claim was followed up with effective occupation with the arrival of Capt. John MacBride in January 1766 accompanied by 100 settlers, 25 marines and a prefabricated blockhouse.

In the July, with compensation negotiations between France and Spain nearing a conclusion, Charles III discovered that the British were there as well. The Spanish Ambassador in London, the Prince of Masseran promptly complained only to be reminded by Lord Shelburne, that Britain's right rested on first discovery and that Art. 8 of the Treaty of Utrecht was not considered a bar to Britain's being in the South Seas. The Courts of Britain and Spain were not related and the convenient production of a 'discovery' of the archipelago by Spanish seamen 220 years before did nothing to further Charles' protests.

Nobody was ready for a war however, so there the matter rested. The French left, Spain moved into Port Louis claiming all the archipelago, and Britain stood firm at Port Egmont – also claiming all the archipelago.

It would be 1770 before Spain's frustration got the better of her and she sent a small fleet of 5 warships from Buenos Aires to Port Egmont to demand the departure of the British garrison. Hopelessly outnumbered the garrison surrendered after sufficient shots had been fired to save everyone’s honour; and the British were thrown off the Falklands.

Spain had miscalculated however, and the reaction in London was to immediately prepare a fleet for war. Another round of defence cuts were reversed and some £4 million expended on fitting out the Royal Navy and increasing the size of the army.

Spain, with little money in its coffers, immediately sought help from France, under the same Family Compact, but found that France was not prepared to fight a war over some small islands that they'd just been forced to hand over to Spain.

George III considered that he had been insulted and, without French assistance, Spain had little choice but to back down. An agreement was signed which returned the whole situation to exactly what it had been before Spain's five warships had arrived at Port Egmont – ie. Spain on East Falkland and Britain on West Falkland, both claiming the whole, but with one small complication.

Thanks to the misreporting of Choiseul's man in London, Bertrand de Frances, Spain had gained the impression that the British were only saving face and would abandon Port Egmont within months. Three years later Spain saw the garrison's departure as a vindication of their belief in London's supposed 'promise.'

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Abandonment, relinquishment, loss or something else?

There is no question that the garrison left Port Egmont in May, 1774 – but did the British really leave and was their intention never to return?

Abandon is the word often used to describe this departure, but the word has a degree of finality about which does fit well with the Order given to Port Egmont's last commander; Lieut. Clayton - ”But previous to your departure from the Falkland Islands, you are to take the strictest care to erect on the principle parts on the Port, Fort and islands proper Signals and Marks of Possession, and on its belonging to His Majesty.”

Clayton had a lead plate inscribed and set up prominently -

'Be it known to all the Nations, That Falkland's Island with this fort, the storehouses, wharfs harbours, bays and creeks thereunto belonging, are the sole right and property of His most Sacred Majesty George III, King of Great

Britain, France and Ireland, Defender of the Faith, etc. In witness whereof this plate is set up and his British Majesty's colours left flying as a mark of possession by S. W. Clayton, commanding officer at Falkland's Island.

1774 A.D.'

Two union jacks were also left flying and livestock set loose to multiply naturally - hardly a sign of abandonment and most definitely an indication of an intention to return.

The Spanish Court understood this well enough when the words on the plate were reported to it in March, 1776. Hoping that the vague assurances reported by Frances were true, Spain had its doubts and instructions were issued that Port Egmont should be visited regularly - “ .. you will from time to time assure yourself that they do not return to that place, and your will inform me of the particulars of every thing that takes place there as well now and for the future..”

But had they gone?

Lieut. Clayton sailed away in the Endeavour on May 21st, 1774 with one of his crew recorded the departure - “At present, if ships are under the necessity of keeping the sea, they are frequently obliged to cut up the fish along-side; this was the case of a North American vessel, which arrived just before the evacuation of these islands by the British troops. The evening before they sailed, another fishing vessel arrived, and, as she had suffered much by bad weather, her crew resolved to stay where they were, all wintering as tenants to the dwellings and gardens of their English brethren.”

The North American colonists were not officially declared to be in a state of rebellion until August, 1775 so the American vessel, the King George, was technically still a British ship. Sadly the other ship's name is unknown but her crew were obviously intent on moving into the Port Egmont settlement before the garrison's beds had grown cold.

The seal industry was relatively new and had not yet developed into an efficient business, but vessels from New England, and Olde England had been arriving over the previous two or three years. The fishing grounds of South Georgia had not yet been discovered and the shores of the Falklands still contained large numbers of Fur seals and penguins. What was good practice for the fur trade, would be adopted for the new oil industry and one regular practice was for a vessel to drop off gangs of men on different beaches and islands for up to 2 years at a time, harvesting what they could before their ship returned for them. Whalers too, saw the advantages of the Falklands, as a place to process their catch, and to sit out the rough seas of a harsh winter.

Spain having no clarity in the situation concerning sovereignty, it adopted a harsh attitude – banning all foreign vessels from the shores of the archipelago and, in particular, East Falkland. Britain however, was known to adopt a rather more practical approach to business and so the whalers and sealers made liberal use of Port Egmont and other natural harbours in the islands of West Falkland.

Sealers took furs with little or no disturbance from the Spanish at Soledad, but it was the new oil industry that was about to boom, bring ever more ships to the South Seas and the catalyst was, strangely enough, the Boston Tea Party.

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Falklands Oil

The political protest popularly known as the Boston Tea Party took place on December 16th, 1773 in the British colony of Massachusetts during a dispute over taxation – a disagreement that would lead to the British American colonies being declared to be in a state of rebellion in August 1775.

As for the Party itself, everyone knows that the protestors dressed up an Indians, crept aboard a ship that had imported tea and tipped the cargo over the side. Perhaps a little less well known is that the ship's name was the Dartmouth or that its owner was the Rotch family of Nantucket. The scion of the Rotch family in charge of that particular cargo was the young Francis Rotch.

Imported tea having proved so controversial, in 1775 Francis Rotch turned his attention to oil – the sort derived from whales, seals and even penguins. A Quaker loyalist, Rotch sailed to London in September, 1775 to negotiate a deal. Once there he talked the British Government into an arrangement whereby he, and his fellow loyalists, Richard Smith, Aaron Lopez and Leonard Jarvis, would put together a small fleet to hunt the south Atlantic and the shores of the Falklands supplied by £10,000 of stores purchased in London. In return the British Government would release all the New England ships which had been seized, together with their impressed crews, and buy the oil to light London's streets. Most importantly the British Government also agreed to provide 'protection' for the whaling fleet.

The deal done, sixteen vessels were outfitted at Martha's Vineyard and instructed to rendezvous at Port Egmont.

“In 1775 the first British attempt was made at the Southern fishery. Ships of from one hundred to one hundred and nine tons were sent to .., the coast of Brazil, the Falkland Islands, …” 2

Not a great success but the new oil tycoons learnt the lessons necessary to kick off a boom that would eventually see good profits for the bankers and investors in London. Francis Rotch led from the front and is rumoured to have sat out the first two years of the American War of Independence at Port Egmont – undisturbed by Spain although not unnoticed. Sixteen whalers are, after all, hard to miss.

He was not the only one to spot the opportunities however, and in 1775 two vessels, captained by William and Jonathon Mooers of London, took a cargo of Elephant Seal oil from the Falklands to Dunkerque.

British ownership had not been forgotten, and, sufficiently interested, the Royal Society had the Islands described at one of its meetings on New Years Day, 1776 by Lieut. Clayton; the same man who had left the inscribed lead plate at Port Egmont two years earlier. A lead plate that, three weeks after Clayton's speech to the Royal Society, was being removed by a Spanish Captain, Juan Pascual Callejas. No mention is made of who Callejas found there, certainly no mention of Francis Rotch, but Callejas had a simple task to perform. Buenos Aires wanted to see the plate.

On February 7th, 1776, before the plate could have possibly arrived in Buenos Aires, Spain's Ambassador to London complained about British ships being at Port Egmont - “ … in opposition to the solemn and repeated protestations with which Spain had been assured of the total abandonment of that place.”

Abandonment was what Spain hoped for, but Britain never promised. The British Government were not blind to the advantages of a south Atlantic oil industry and decided to promote the trade with the Whale Fishery, etc. Act 1776 which extended the bounty system that had been operating in the waters around Greenland, to cover the southern fishing grounds.

Spain was not idle either. All of the south cone of South America had fallen under the administration of the Viceroyalty of Peru – altogether too large and unwieldy, and so, in 1776, Spain created the Viceroyalty de la Rio de la Plata centred around Buenos Aires.

“The Viceroyalty of Buenos-Ayres was located from 15º and 37º latitude South” 3

Separately, the Spanish Royal Navy in the South Seas was headquartered at Montevideo.

2 A History of the Whale Fisheries James Travis Jenkins 19213 Revolucion Hispano-Americaux Mariano Torrente 1829 p.11. Other sources suggest that the southern border of the Viceroyalty was set at 41° S. It certainly did not include Patagonia or the Falklands which are sited at a latitude of 51.69° S.

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Spain's Government gave the Falklands to the Navy, not the Viceroyalty and two frigates were deployed to patrol the south Atlantic. Soledad was placed under the command of a junior naval officer with its funding falling to the Navy budget.

“... the Commander of the frigate responsible for communications with the Falklands were available as necessary in order to assume the Government of the Islands ...... “

In September 1776, the frigate commanders received orders from Madrid to drive away any American vessels that they found near the Falklands archipelago.

In 1778 Spain's officer in command at Port Soledad, Lieut. Don Ramón de Carassa y Souza noted large numbers of 'maruading' sealers, both American and British, around the islands. This report was confirmed by the arrival in London of 40,000 seal skins and 28,000 tons of elephant seal oil valued at some £40,000.

“Thus began the English South Whale Fishery. … The entire operation, of course, was ultimately managed from the City of London, which had originally developed the 1773 tea deal the Americans found so objectionable.”4

While the Falklands' oil industry grew apace during the 1780's, Spain had grown frustrated enough with Britain to join France and the American rebels; abandoning the precarious peace and declaring war on Britain in late 1779.

Knowing that Port Egmont remained threat to their South American colonies should London resume occupation, Madrid issued an order for the settlement's destruction in an act of war carried out on May 17th 1780, when Spanish troops burnt down the wooden blockhouse at Egmont and pulled down the settlement buildings.

The whalers and sealers do not seem to have been deterred however, and there is evidence that buildings were quickly reconstructed; most probably by sealers and whalers seeking shelter during the austral winter.

Still feeling vulnerable, the small Spanish garrison at Port Soledad was reinforced to that of a presidio – a fort with convict labourers. Surveillance of Port Egmont remained sporadic however and as the only vessels available were based in Montevideo, reconnaissance was annual – when the supply ship arrived. What is perhaps strange is that, even whilst at war, there is no suggestion that Spain ever raised its own flag over Port Egmont – never countered the British plate with one of its own.

Regardless of the American War, business was business and, according to the 1780's Lloyds Lists British whalers - “were exploiting Brazil, Trinidad, the Falkland Islands, South Georgia, and, after the establishment of Botany Bay, Norfolk Island.”5

Sealers too. The English sealer United States worked the Falklands in 1785, sitting out the austral winter at Swan Island and towards the end of that year the Hope arrived, under the command of Lieut. Thomas Edgar.

Edgar has sailed with Cook on his third voyage and was skilled at chart making. On leave from the Royal Navy he had been given command of the Hope for a sealing voyage to West Falkland and it would seem that he followed the practice of all the sealers. Probably stopping off on the way to pick up a cargo of salt from the Cape Verde Islands, on his arrival at West Falkland he dropped off gangs at various sealing grounds and left them to work alone for months at a time. Reducing seals to oil is a dirty business and the smoke from the fires should have been visible from a great distance but they appear to have been able to work unmolested.

As did Thomas Edgar who put his skills to good use and surveyed West Falkland. His chart was published only some 10 years later but would come to be favoured by both sealers and explorers.

“I cannot omit this opportunity of bearing my strongest testimony to the accuracy with which Lieutenant Edgar has delineated the coast of the western main island, and the small ones of this group... On the northern coast of the western island there are many entrances; the principle one is that leading to Port Egmont, and which may be seen from some distance from the sea... “ 6

Edgar was sailing around West Falkland for almost two years taking readings and sounding and there are no reports of his being challenged by any Spanish vessels.

4 Byrnes 20005 Quoted in Byrnes 20006 Weddell 1825

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Nor was he alone. In January 1786 the English ships King George and Queen Charlotte arrived at Port Egmont where Captains Portlock and Dixon surveyed the port. While they were there a sloop from the United States, again moored at Swan Island, arrived also. Thomas Delano in the Lord Hawkesworth would also arrive later in the year.

As the number of vessels hunting at the Falklands increased, so did the value of West Falkland to the British Government. Fishing in the south Atlantic was the subject of a detailed examination by the Privy Council between February and June 1786. The Council's recommendations resulted in An Act for the Encouragement of the Southern Whale Fishery, under which bounties became payable to vessels fishing the Southern Fishery below 35° S latitude.

In early 1787 the Amelia also arrived in the Falklands and rumours of a new settlement reached Buenos Aires. The Marquis of Loreta, Don Pedro Meza, was sent to reconnoiter but claimed to have found nothing although two further expeditions by Don Ramón de Clairac y Villalonga, commander at Soledad, were more fruitful.

“In 2 cruizes made by Don Ramón Clairac in 1787, he found in different parts of the Islands, the ship Hudibras, the Shallop Audaz, and the Brig Malplaquet, all English Vessels. They made divers excuses for being there, and were all likewise ordered off.”7

The presidio's commander does not seem to have encountered the Lord Hawkesworth though, which sailed away from the Falklands with a full cargo of Fur Seal skins. No location is provided for the Spanish commanders warnings, and the foreign ships could have been fishing near East Falkland rather than to the west.

Wanton destruction, and inefficient practice, caused the stocks around the Falklands to fall and sealers were forced to look further south for rookeries at South Georgia. Vessels hunting at the Falklands and South Georgia in 1788 included the Lucas, under Captain William Aiken, the Intrepid, under Captain John Leard and the Quaker under the command of Shadrick Kearn.

In February, the American ships Columbia Redivia and Lady Washington arrived at Saunders Island where they remained for nearly a month. Third mate, Robert Haswell, took the opportunity to walk over to Port Egmont where he found that while the settlement may have been razed to the ground in 1780 – someone had been busy.

“We arrived at the place the Garrison stood early in the afternoon. Here are standing a number of the sides of turf houses and two or three built of stone but have no roofs. There is a small stone pier or dock built for the reception of boats.”

Byron's gardens were still flourishing too and some allotments were found up to a mile from the old settlement site. When the English vessel United States finally left for the journey back to Britain she carried 25,000 tons of oil.

Meanwhile, back in England, Captain John Leard had come up with a plan to regulate the seal oil industry in an attempt to conserve stocks and he wrote to Charles Jenkinson, Lord Hawkesbury, the President of the Council for Trade and Foreign Plantations. He also asked for advice about Spanish interests.

Others recognised that the right to fish in the south Atlantic had never been clarifies and so further petitions from London's oil merchants resulted in a Board of Trade examination of the problem of Spain's pretensions in the open seas.

It's response - “The best and latest Writers on the Law of Nations, are of the opinion that if there are any Seas, which can be considered in any respects as the Objects of Domain, or exclusive Rights, they can be either such Parts only, as are near the Land, so that from their proximity to it Dominion can be properly maintained over them, by the Sovereigns of the adjoining Shores, or that are such as are in Part surrounded by the Land being either Roads, Bays, Ports or Harbours.”

As the sovereignty of the Falkland Islands had remained unresolved since 1771 this seemed support enough for Britain's oil businessmen who pressed to be allowed to search further and further – even into the Pacific and the domain of the East India Company.

In December 1789 Spain's Malaspina Expedition arrived at Port Egmont to find seven British and two French whalers in residence.

7 Vernet 1832

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1790 brought the general dispute between Britain and Spain to a head when, in the north-west of America, a Spanish captain seized an English vessel in a dispute over claims to Nootka Sound. Once again both sides pushed without either really wanting to get into a fight and, once again, the deal missed the opportunity to resolve all the various arguments and was typically vague and open to wildly differing interpretations.

Nootka Sound Convention No.1: Article 6: It is further agreed with respect to the eastern and western coasts of South America and the islands adjacent, that the respective subjects shall not form in the future any establishment on the parts of the coast situated to the south of the parts of the same coast and of the islands adjacent already occupied by Spain; it being understood that the said respective subjects shall retain the liberty of landing on the coasts and islands so situated for objects connected with their fishery and of erecting thereon huts and other temporary structures serving only those objects.' 8

When presented to the British Parliament it certainly seemed to confuse them - “ .. there was sufficient proof in the efforts made by the Government of Spain to prevent other nations from planting colonies in the Falkland Islands; from which islands, it may be remarked, both parties to the convention appear to have been excluded by the terms of the sixth article.” 9

Whereas in Spain - “ … according to the literal tenor of Article VI, the English should not be allowed to fish or construct huts on Coasts... such as the Coasts of Deseado, those of San Jose, and even the Bay of San Julian, and other places in which we may have had occupation or settlements, ...”

As it turned out, the agreement which was meant to maintain the fragile peace reached after America's War of

Independence, only lasted until 1796 when Spain again allied herself to France and waged war upon the British.

Not that the whalers and sealers had paid it much attention. 1791 saw the Spanish Viceroy in Buenos Aires

equipping two ships to go and search for reported British settlements on New Island at the Falklands, and on

Satten Island further south. Sadly no reports enlighten us as to what the Spanish ships found, if anything.

Captain Eckstein in the whaler, Sydenham, hunting near the Falklands remained undisturbed.

Then, in February 1793, the new commander of the presidio at Soledad - “ .. learned that, in the Islands, and the neighborhood of them, were various foreign fishing Vessels; he called a Council of his Officers, in which it was resolved that Lieut. Don Juan Latre, in the Brig Galvez, should go in quest of these Vessels, and expel them.”

Latre is reported to have ordered away more than half a dozen American and French fishing vessels but either

could not find any English ships, or was sufficiently confused about the Nootka accord to leave them be.

In early 1794 Britain and Spain decided to abandon Nootka Sound rendering the agreements obsolete and

instead expended their energies working up to a full scale war, while, in London in May of that year, a new map

of South America was published - “The Isles of Falkland belong to Great Britain by Right of first Discovery. The

English have a Fort & Settlement at Port Egmont in Saunders Island, on the North of the Western Falkland, &

the Spaniards have a Fort in the Eastern Isle. As Port Egmont, is a safe and capacious Harbour, It will become

of great utility to the British Navy & even to Privateers, in any future war, to annoy the Spanish Trade in the

South Sea.”10

8 The insertion of the word ‘adjacent’ undoubtedly placed the Falkland Islands outside the agreement. Eighteenth Century dictionaries refer to, 'lying near', 'near or bordering upon', 'contiguous or touching', 'meeting so as to touch', etc. The Falklands are 300 nautical miles from Patagonia, a distance greater than that lying between London and Paris, which is unlikely to have been considered 'adjacent' to the English capital city. Port Egmont was sited a little north of Soledad and there were no Spanish settlements on the mainland coast opposite the Falklands at this time. 9 Memoir, historical and political, on the northwest coast of North America, and the adjacent territories, illustrated by a map and a geographical view of those countries Robert Greenhow, United States Dept. of State 184010 A map of South America containing Terra-Firma, Guayana, New Granada, Amazonia, Brasil, Peru, Paraguay, Chaco, Tucuman, Chili and Patagonia, from Mr. d'Anville with several improvements and additions, and the newest discoveries .. A chart of Falkland's Islands named by the French Malouine Islands and discovered by Hawkins, in the year 1593 Laurie & Whittle, 53, Fleet Street, 12th May, 1794

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Twenty years after Endeavour removed the garrison map-makers are not only talking of British rights but of a

British future. For all of Spain's supposed sensitivities over the Falkland's archipelago, there was no protest.

British sealers had by now moved on to the more lucrative rookeries at South Georgia where they hunted during

the austral summer, generally retreating to the Falklands to sit out the winter. Amongst these in 1794 were

Active, Ann, Fox, Kitty, Lively, Lord Hawksbury, Mary, Minerva and Sybil.

1796 brought yet another war with our continental neighbours and the final demise of the Nootka Sound

Conventions.

“The Nootka Sound convention grew out of certain rights on the part of Great Britain, which existed long prior to the formation of that convention. Gentlemen had talked about certain concessions on the part of Spain, certain benefits which had been conceded to England in the Nootka Sound convention; but it would be remembered that that convention was ended by the war of 1796.” 11

“Spain declared war against Great Britain.. since which period, no distinct allusion to the convention of 1790 appears to have been made by either of the parties, in its public acts addressed to, or its engagements concluded with, the other. .. it would seem that the Convention of October, 1790, between Great Britain and Spain expired in October 1795, and has not since been renewed; and if that be the case, Great Britain and Spain should each stand with regard to the Falkland Islands, as if it had never been concluded.” 12

While their British sealing rivals were occupied, the Americans happily took over use of both the Falklands and

South Georgia – although during 1798 English sealers Prince Edward and Sybil managed to get to the south

Atlantic as did Aurora and Lively the following year. In 1800 the Diana out of London was there too.

A small footnote of this history occurred in 1801 with the negotiations leading up to the Treaty of Ameins which

brought about a short peace to the conflict between Britain and France. Louis Bougainville, still a hero in Paris,

suggested that Napoleon Bonaparte raise the old French claim to the Falklands. Sadly, there is no suggestion that

he did so.

In 1802 the Anna Josepha, en-route from Sydney to Cape Town, stopped at West Falkland with the crew

suffering from scurvy. James Grant RN noted the presence of a large number of American sealers which he

reported to the Admiralty in London.

The Peace of Amiens only lasted a year and then the combatants were at each other's throats again. The

American seem to have had the south Atlantic sealing grounds to themselves for a while although the English

ships Otter and Swan got down there in 1808. That same year Napoleon fell out with his Spanish allies causing

them to switch sides.

1808 was also the year that the British vessel Swan determined the exact latitude of Beauchêne Island.

The confusion that followed Spain's occupation by France allowed the South American colonies to rise up against

their overlords and either demand independence or greater autonomy. It was under these circumstances that the

loyalist Spanish force on East Falkland left to aid the beleaguered Viceroy at Montevideo in 1811. They also left a

plate declaring to the world their ownership of the Island of Soledad.

" This island with its ports, buildings, units and contents belongs to the sovereignty of Sr. D. Fernando VII King of Spain and the Indies, Soledad of Malvinas 7 February 1811 - Governor Paul Guillén."

11 March 9th 1846 - Abridgment of the Debates of Congress, from 1789 to 1856. From Gales and Seatons' Annals of Congress; from their Register of debates; and from the official reported debates. John C. Rives vol.5 186012 Greenhow 1842

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Each of the two plates left by the British and Spanish garrisons only claim an island apiece though. Recognition

that the old argument of 1770 had still not been resolved.

The Spanish garrisons assistance was insufficient however, and Viceroy Elio retired to Spain, taking the claims to

the Viceroyalty de la Rio de la Plata, and that to Soledad, with him. Claims that Spain would retain until 1863

when they finally recognised by Treaty an independent United Provinces that included Buenos Aires; and sent a

diplomatic mission to Port Stanley to salute the Union Jack.

While they never quite left, the early 1800's seem to have been a quiet time for the British in the Falklands. The

oil industry had suffered from the depletion of the archipelago’s rookeries after thirty years of unregulated

attacks and the whalers had moved further afield into the Pacific. There would always be a few hopefuls though,

particularly while the British Government promoted the industry with Acts continuing the bounty system for the

Southern Whale Fishery.13

1810 saw the arrival of Tonquin at Port Egmont where Captain Jonathon Thorn intended to take on water while

in 1813 the British ship Isabella was wrecked off the coast of Eagle Island leaving its crew marooned. 1813 also

found the Columbia from British Canada seeking shelter in Berkeley Sound.

The Falklands also offered a refuge where repairs could be made, and water taken on, before a ship tackled Cape

Horn and for these purposes, the English vessels Admiral Colpoys, Diana and Recovery arrived at the Islands in

1814. Asp and Indispensable, both British ships, were also to be found there in November of that year while the

gun-brig HMS Nancy searched the archipelago for survivors from the Isabella.14

Although British sealers and whalers now seemed to prefer South Georgia and more southerly islands as hunting

grounds, the archipelago still presented a business opportunity for the service industry and a supply depot was

reported at Port Egmont in 1817. 15

A Spanish ship, the Esperito Santo, purchased and fitted out by British merchants, arrived at East Falkland in

1819 where it found American 2nd Mate, Nathaniel Palmer, of the Hersilia hunting the wild cattle for a supply of

fresh meat. The first recorded attempt to harvest the now feral cattle left by the Spanish garrison although it is

unlikely that other vessels had ignored this opportunity.

By 1820 James Weddell the explorer-cum-sealer was moored at Port Egmont in the Jane. Elsewhere around the

archipelago could be found the British ships Eliza, George, Hetty, Indian, Beaufoy and Sprightly.

The Buenos Airean pirate/privateer David Jewett arrived on October 27th in the Heroina having lost his prize

ship in a storm, suffered a mutiny and had cases of scurvy aboard. In a surprising move, Jewett laid a claim to

the Falklands archipelago on behalf of the United Provinces of South America despite undoubtedly being aware

of both the pre-existing claims of Britain and Spain. However he was largely ignored by the commanders of the

other ships who considered that his only real interest was in laying claim to the salvage rights of a wrecked

French vessel – the Uranie. Jewett left in March 1821 without even leaving a flag behind and made no mention of

his claim when he got back to Buenos Aires.

Jane and Beaufoy were back in the Falklands in September, 1821 to take on supplies before sailing for the South

Shetland Islands – the latest sealing grounds that offered some hope of finding seals. They were not alone, with

British sealers Enchantress, Hetty, John, Pomona, Sprightly, Jane Maria, Wasp, Livonia, Robert and Grace all

moored nearby.

13 42 Geo. III cc.18, 77 and 11414 Headland 198915 Army and Navy Chronicle (New Issue) vol.6 January 1 to June 30 1838 p.165-166.

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Weddell was back again in the Jane in September, 1822, along with Matthew Brisbane commanding the Beaufoy

and, around that time, the Adeona, under Captain William Lowe.

These vessels went hunting seals at South Georgia but returned to the Falklands for the austral winter in 1823;

Weddell and Brisbane mooring at New Island.

1823 is notable for a German born businessman in Buenos Aires conceiving an idea to hunt the wild cattle on

East Falkland, possibly having heard of the practice by sealers arriving at the Rio de la Plata. Pursuing this idea,

Luis Vernet formed a partnership with a Spanish born gentleman, Don Jorge Pacheco and an Englishman

Robert Schofield; sending out an expedition under Pablo Areguati in January 1824. Weddell in the Jane arrived

back in the archipelago around that time having seperated from the Beaufoy near Cape Horn.

Captain Lowe was there too and came across Areguati's party in the April. For reasons not given, he threatened

to report them for acts of piracy. 16 Areguati subsequently abandoned his expedition which were rescued by the

British sealer Susannah Anne.

Then in September, 1824 Matthew Brisbane and the Beaufoy arrived at the archipelago.

British permission and the Treaty of 1825

On February 2nd, 1825 a Treaty was signed between Briain and the Province of Buenos Aires which was to see

another Nation's citizens taking an interest in the Falkland Islands.

The Treaty of Amity, Commerce, and Navigation was about business and whereas the period between 1774 and

1825 had seen the oil and skins industry dominated by British and American businesses, Art. 3 of the new Treaty

gave access to the Falklands, one of the British King's dominions, to the citizens of what would become

Argentina.

Article 3, " His Majesty the King of the United Kingdom of Great Britain and Ireland engages further, that in all his dominions situated out of Europe, the inhabitants of the United Provinces of Rio de la Plata shall have the like liberty of commerce and navigation, stipulated for in the preceding Article, to the full extent to which

the same is permitted at present, or shall be permitted hereafter, to any other nation."

This would be no gold rush however. Street lighting in London was no longer being lit by oil from whales and seals which were in short supply, but had been now supplanted by coal gas. There was still some money to be made and whalers, sealers, and explorers, used the Falklands as a place of resort and supply - but the oil boom was over.

In fact there was only one citizen from Buenos Aires who saw any advantage in Art.3 – Luis Vernet, the initiator of the failed 1824 expedition. He'd lost his investment but was still intent on exploiting the wild cattle on East Falkland and so took another expedition there in 1826. This met with more success and Vernet managed to establish a small settlement at what remained of Port Soledad.

English sealers and whalers still passed through with Sprightly there in September, 1826 and Capt. Lowe in January 1827 together with other traders too; making use of the prevailing westerly winds, these passed the Cape of Good Hope to get to the Pacific and Australia, Tasmania and New Zealand; before using those same winds to get home again via Cape Horn. Safe harbours coupled with fresh meat could not easily be ignored - “Captain Low is leaving immediately for England. We are going to leave the island to go to our destination. We have found at this place all that we were promised .., we have eaten much local game and fish. “

16 AGN Sala VII legajo 132 Doc 8 Letter in German from Emilio Vernet to Louis Vernet quoted in False Falklands History at the United Nations: How Argentina misled the UN in 1964 - and still does Pascoe & Pepper 2012

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On March 23rd, 1827 William Langdon, in the Hugh Crawford, sailed from Hobart, Tasmania en-route to England via Cape Horn. After rounding the Horn, he sought shelter in the Falklands and whilst there purchased beef from Luis Vernet. Other ships were helping themselves for free – a source of some frustration for Luis Vernet.

This frustration drove Vernet to come up with the idea of converting his business enterprise into a colony – one with a monopoly - sponsored and protected by a Nation State and he chose, unwisely, the United Provinces.

These Provinces had hardly been 'united' when they declared their independence from Spain in 1816, and not much had improved in the decade that followed.

In this political climate, Luis Vernet submitted his proposal and Ramón Balcarce, Minister of War, approved the it on the same day but kept the decision secret by not publishing the Decree in the official Gazette.

Vernet however was fully aware of the British claim and sought British permission too, getting Vice-Consul Charles Griffiths to countersign the land grant. Hedging his bets, or attempting to set one country off against another – his intentions are unknown – but he sowed the seeds of a dispute that is still bubbling away.

It is likely that Vernet had discounted Spain's claim, on the assumption that the United Provinces were, in their own opinion, the natural heirs to all that Spain had claimed. This despite the fact that Spain still refused to recognise the loss of those lands and territories and was still fighting to get them back – largely supported by most the monarchs in Europe. Vernet knew that he could not write off the British claim so easily and, when celebrating the holiday in May, 1828 he flew two flags – the triband of the United provinces, and the Union Jack.

Where Vernet was not successful however, was in gaining the monopoly he sought over the produce of the Falkland Islands.

In June, 1828 Captain Lowe and the Adeona returned to the archipelago to repair and resupply. Others came too taking fresh meat from the wild cattle, hogs and fowl that could be found freely wandering around East Falkland – although they were no longer 'free' in Vernet's eyes.

Yet again frustrated by his inability to control the Island's resources, Vernet went back to Buenos Aires wanting more power and more resources.

Britain was not inactive during all of this however; a little lethargic perhaps but she was being prodded.

George Whitington, a London businessman, and probably an associate of William Langdon, had also seen the potential and had sought out potential investors during 1828 ans 1829. On March 21st, 1829 he held one of a series of talks with the Colonial Office to examine the possibility of a British colony on the Islands.

William Langdon was not idle either and on April 12th, he wrote a letter extorting the advantages - “Lord: Having captained a merchant ship during five trips to New South Wales and returned to London via Cape Horn, I have seen the need to establish a colony in the Falkland Islands in order to provide …. water, supplies or repairs in case of accident. …

Numerous boats are now used commercially in New South Wales and Van Diemans land exclusively prisons ships and whalers. Most of them are forced to anchor in one of the Brazilian ports for water, etc.., if they return by the Eastern route. All this would be absolutely unnecessary if there was an established colony …

A contingent of 100 men would do, and everything you need will be forwarded through any prison ships, these ships on behalf of the government might take a certain amount of masts for each colony and leave them there for the provisioning of the ships of His Majesty or any other that requires them.”

Neither the Colonial Office nor the British Government were inclined to operate quickly however and matters under consideration took time.

Back in Buenos Aires speed was everything, particularly when governments came and went so fast. Vernet outlined his proposal in June 1829 to the Government of General Lavalle which had seized power and, having got an immediate response, plus a Gazetted Decree, he headed back to stop the foreigners exploiting 'his' Islands.

In London, the Colonial Office had finally given Langdon and Whitington's ideas due consideration and submitted their views to the Government while Lord Aberdeen had asked the Court's lawyers for an opinion on the status of the British claim. Meanwhile, the Colonial Secretary, Sir George Murray, wrote to the Prime Minister, the Duke of Wellington and, when the legal opinion came back affirming Britain's rights, the decision was made to warn Buenos Aires off.

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The result was a formal; protest delivered to the Government in Buenos Aires – but not to the Lavalle Government, which had already been ousted by General Rosas and had had all of its actions declared 'null and void.' The Rosas Government accepted the protest without comment.

On the Islands, Vernet made himself busy and turned his attention to the sealers who were still there. Sensibly ignoring British ships, having been warned by Woodbine Parish to do so, in 1831 he seized three American vessels on a charge of 'illegal fishing.'

The Americans had been fishing the Islands since their time as a British Colony and did not take this well. The USS Lexington was deployed and Vernet's fledgling colony accused of piracy and broken up. Commander Silus Duncan, for good measure, shipped back all but a few of Vernet's employees and slaves to Montevideo – including Matthew Brisbane, once of the Beaufoy but now Vernet's second-in-command.

Duncan's action was typically 'gung-ho' and placed his Government in a difficult position, made all the more so by their supporting him. The dispute raged on throughout 1832 with the British appearing as mere bystanders – but not idle bystanders.

The Colonial Office confirmed the advantages of a British colony on the route from Tasmania and the Order was sent out for two ships to be deployed to Port Egmont -

"Whereas Viscount Palmerston ... has signified to us the Kings Pleasure, that one of H.M. ships should be ordered to proceed to Port Egmont in the Falkland Islands for the purpose of exercising His rights of sovereignty there and of acting at the said islands as in a possession belonging to the Crown of Great Britain; you are hereby required and directed accordingly to dispatch one of the ships of your Squadron forthwith to Port Egmont, with instructions to the Commander for carrying into effect His Majesty's intentions as above mentioned. And you are further to cause the Falkland Islands to be visited annually by one of the ships on the South American Station for the purpose of keeping up and maintaining the Sovereign Rights of His Majesty over the islands."

HMS Clio and HMS Tyne were duly despatched from Britain's South American Station in Rio de Janiero but not before Buenos Aires had sent its own armed garrison to seize control of East Falkland.

On its arrival, that garrison promptly mutinied; murdering the new Governor, Sgt. Major Mestivier in front of his wife.

Once again though, the British were present on the island and the crew of the schooner, Rapid, assisted by those of a French ship, suppressed the revolt and arrested the mutineers.

Not too far away, Captain Onslow arrived at Port Egmont in HMS Clio and replaced the stolen lead plate.

“These Islands have been visited by His Britannic Majesty's ship Clio, for the purpose of exercising the rights of sovereignty. 23rd December, 1832”

In the New Year, Onlsow sailed for Port Louis where he arrived on January 2nd, and instructed the Spanish Commander, Lieut. Colonel Pinedo to remove the trespassing garrison and the triband flag of the United provinces.

When this instruction was not immediately followed, Onslow had the flag hauled down with due ceremony and returned to Pinedo with the words the He had found - "a foreign flag in the territory of His Majesty.”

Pinedo took the majority of the garrison back to Buenos Aires aboard his ship Sarandi while the military prisoners were removed by the Rapid.

Capt. Onslow then raised the Union Jack over East Falkland Island – and the only people who objected were the crew of the French ship.

Spain, the primary claimant to the Island of Soledad, never made any comment at all.

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Conclusion

The situation with regards to West Falkland Island, and its environs, seems clear enough. Following a general, if legally moot, claim by Hawkins back in 1594 the British reasserted that claim in 1765 and quickly followed it up by effective occupation. Hence sovereignty over the west Falklands was secured.

Once the French had left, much the same could be said of the Spanish claim to East Falkland.

What has been considered here however, is the supposed British withdrawal of 1774.

The garrison went in 1774 but British interests remained and continued to make use of West Falklands, an British sovereignty, throughout the period 1774 – 1833. Not that a garrison returned in 1833. Capt. Onslow, his job done, returned to Rio de Janeiro leaving just an Irish employee of Vernet's to hoist the Union Jack every Sunday or whenever a ship arrived at the port.

The British never left.

Spain did however. After 1811, there are no reports of them returning again until February, 1863 when a Spanish diplomatic mission led by Vice-Admiral Luiz Hernández de Pinzón arrived and saluted the British flag.

It is a separate discussion as to what right Capt. Onslow of the Clio had to go to Port Louis on East Falkland and eject the garrison from Buenos Aires. Strictly speaking it is an argument between Buenos Aires and Spain who held good title to East Falkland. Certainly better title than Buenos Aires had managed as its armed garrison of 1832 appears as the only real attempt at effective occupation.

1833 was a new age in Spain though. King Ferdinand VII – who had never relinquished any of his claims and titles – died leaving an infant heir, and Spain concluded that it was time to start recognising its old colonies as independent Nation States. This it did with the United Provinces, including Buenos Aires, in 1863, and the Republic of Argentina became recognised as truly independent.

Britain had played no small part in bringing this about and perhaps Spain had felt grateful enough not to argue over a small group of islands in the South Atlantic.

My final conclusion has to be this – the British have been in the Falklands with reasonable consistency since 1765. There was no 'abandonment' in 1774.

Roger Lorton

2013

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