Note 18 — DRAPER’S DEFENSE

Now let us examine the Foundation of the Spanish Pretensions. In the first Place, they have misstated the Propositions, and made our Proposals antecedent to theirs, which is impossible. For how could our Fourth Proposition take Notice of, and consent to theirs, unless from a previous Knowledge and Perusal of what they had to offer? And indeed, the whole force of the Spanish Arguments, depends entirely upon the Second Capitulation, as they are pleased to term it: But the Liberty of Commerce, and all the other Privileges which they there insist upon, were granted conditionally, upon their Compliance with the Fourth Article of our Propositions. It expressly declares, that the Proposals contained in the Paper, delivered on the Part of his Excellency the Governor and his Council, will be listened to, and confirmed to them, upon their Payment of Four Millions of Dollars; the Half to be paid immediately, the other Half to be paid in a Time agreed upon; and Hostages18 and Security given for that Purpose. It is therefore most evident, that they had not the least Shadow of Right to any Privileges, until this Article was most punctually fulfilled.