The Voyages of Davis, Hawkins and Strong

[Alexander]

Let’s advance a little further in our study on the “Falklands Question”. In order to fully understand just how legitimate the Argentine claim to sovereignty over these lands is, one must browse through a lot of history. Nevertheless, to be coherent in our study, we should, at least, give a resume of these facts.

But, mere discovery of a territory was not sufficient to constitute an irrefutable sovereign title. Discovery has to be backed up by the effective occupation of the land. Effective occupation does not consist in simply erecting landmarks or placing Boundary stones or even temporarily installing in the territory. Rather, it was necessary to the necessary measures to inhabit the place and populate it in such a manner to achieve permanence in the territory. By these means, the American, African and Asian Colonies were founded.

The Voyages of Davis, Hawkins and Strong.

The English navigators John Davis (1592) Richard Hawkins (1594) and John Strong (1690) sighted the Falklands (it was only in 1690 that they were baptized with the name of Falklands) and it was only Strong that disembarked in the Islands to provision his crew. But, as I have said a little earlier, this was insufficient to award a title over the archipelago.

What then, is the purpose of this very brief revision of these historical events? Simply in determining their value in International Law in force at the time of their finding– without the additional elements of legitimate and effective occupation nor even a landing – and what this may represent in providing the discovering State with a title of ownership over them. Only the occupation of a territory confers its dominion.

In the log entries made by Davis and Hawkins on their supposed discoveries of the Falklands there are a lot of elements that leads to doubts on the veracity of these discoveries. This was recognized in official British documents of 1946 but was protected under the Secrecy’s Act until 1996. Without profounding in details, Davis simply alleged to have seen several Islands. Hawkins described a land with large, swift rivers, many fires and peopled ( none of these features can be attributed to the archipelago).

But, leaving aside these points, there is another important aspect to take into consideration about these so called “discoveries” made by the Navigators using the George Cross as their National Flag. Neither Davis nor Hawkins had any authority to discover or colonize in name of the British Crown! All acts of adquisitive sovereignty derive from events carried out by competent authorities (please read officials with military rank or Emissaries of the Court) or by individuals with an official mandate.

Originally, the ship “Desire”, under the command of Mr. Davis, was part of an expedition led by the privateer called Richard Cavendish. Davis deserted from the expedition before it entered the Pacific. Therefore, as a deserter, he was not under the protection of, nor had the authorization from, the English government at the time he alleges to have “discovered” the Islands. Hawkins, also acted as a Pirate and navigated as a freelancer and neither both Davis or Hawkins were acting in an official capacity as integrants of the British Nave. In consequence, all the “discoveries” or sightings they allegedly said to have done, lacked an official status.

But, let’s move forward with our analysis. On the 27th of January 1690, John Strong sailed into the strait that separates the archipelago’s two main islands. He landed on the West coast of the East Falkland in search of fresh water, and meats for his crew. Although he gave the sound the name of “Falklands” he didn’t take any formal possession of the territory in the name of the British Crown nor did he conduct any act which may have implied any juridical consequence.

[Alexander]

THE BRITISH-SPANISH CONFLICT, 1770.

The clandestine British garrison (at Port Egmont) was localized and its occupants were intimidated to abandon Saunders Island. In view of the intruders negative to comply with this, the Spanish government adopted a firmer attitude and, at the same time a more dangerous one. In February of 1768, the Spanish King ordered the Governor of Buenos Aires, Francisco de Paula Bucarelli, to “not permit any kind of establishment by the British (in the Islands) and: those that may already exist should be expelled by force when admonishments were not taken heed of.”

Bucarelli expulses the British Garrison.

During this interval, the opposing forces encountered one another while circumnavigating the Islands. A Spanish schooner was intercepted by a British frigate, whose Commanding Officer sustained the “the islands were a British possession and no other sovereign State could claim their pertinence.”
On being informed of the encounter and the statement made by the British Frigate’s Commander, the Spanish Governor at Port Louis dispatched his ship once more giving instructions to his Captain that he should reaffirm the Spanish sovereignty over the islands and warn the intruders that they should leave Port Egmont forthwith. But, the reprimands fell on deaf ears. Accordingly, Ruiz Puente asked for reinforcements from Buenos Aires. A small fleet was sent to Port Egmont under the command of Juan Ignacio Madariaga who forced the British capitulation on the 10th June 1770. three weeks later, the British garrison abandoned its installations on Saunders Island.

The 1771 Agreement and the abandonment of Port Egmont in 1774.

When England became aware of these events, it threatened war on Spain but, through French mediation, an agreement was arrived at. The British Prime Minister, Lord North, declared that “if Spain provided the proper satisfaction (to the British), they (the British) will surely evacuate the islands (the Falklands).”
On the basis of this promise, Spain allowed the British to return to the Fort on Saunders Island. They arrived back in the islands on the 16th of September 1771. On the 20th May 1774, they definitively abandoned the territory alleging “economic reasons”.
This period, 1771 to 1774, produced a fundamental change in Spain’s situation in the Islands and assured her the undisputed dominion over the territory. In the first place, during the course of the diplomatic conversations that solved “the defamations made to His Majesty’s Crown” with the expulsion from Saunders in 1770, Spain reserved all her rights intact in the Islands. Great Britain never challenged these rights nor did she express any explicit reservation on these rights on their incorporation into the final agreement. This silence implies a tacit acceptance to all the Spain claimed in the treaty.
Furthermore, what the terms of the agreement authorized was that in compensation for the affront made to the British crown, they could return to their installations on Saunders (but without any recognition of a title of dominion) and not any British right over the islands. The whole of the archipelago remained under exclusive Spanish jurisdiction.
This is consequent with the realities of the situation because, in reality, the British establishment on Saunders was clandestine, organized under the major secrecy and hidden during the longest time possible. By this, the United Kingdom aimed at creating a priority title through the effective occupation, which was the reason why she had to proceed furtively so as to not call Spain’s attention to what she was doing. Despite all this, Bouganville’s colonization in 1764 destroyed Britain’s aspirations and her plan to gain priority was made void.

[Alexander]

The peaceful and exclusive Spanish Occupation.

Between 1767 and 1811 the Spanish Crown exercised effective and pacific possession of Port Louis where the Political and Military Governor permanently resided and controlled the whole of the island group under the central jurisdiction of the Spanish authorities in Buenos Aires. Without any interruptions, twenty Spanish Governors succeeded to office in the Falklands and carried out administrative acts and duties that consist in the exercise of full sovereign rights over the whole of the Falklands, including Saunders Island whilst the British garrison was there during 1771 to 1774. Nobody disputed this authority.
This then is the juridical situation of the islands when Argentina, after declaring Independence in 1810, began her colonizing efforts of the archipelago. Just 5 days after being installed in Buenos Aires, the first Independent Government of Argentina drew up a resolution referring to administrative acts concerning the islands. On the 30th of May 1810, the Malvinas /Falklands, just as the rest of the River Plate Vice-royalty was integrated, by right of Succession, into the emerging Argentine Republic, which, from the very beginning, exercised acts of sovereignty over the archipelago.

[Alexander]

The first Argentine Authorities.

During the last fortnight of October of 1820, the Argentine Naval Frigate “La Heroína” left the port of Buenos Aires. Her destiny was Port Louis and her Commanding Officer, Naval Colonel David Jewett, carried orders to set up installations in the islands. His settlement was formalized on the 6th of November 1820 and was witnessed by several United States citizens and British subjects. One of these was the British navigator James Weddell, a specially invited guest of Jewett who had received a copy of a circular issued by him explaining his intention of consolidating a Colon y at Port Louis. Weddell duly informed his Government about the contents of the invitation he had received from Jewett which read “……. Commissioned by the Supreme Government of Buenos Aires to take possession of the Islands in name of the Country to which they rightfully belonged by Natural Law.” The British Government did not, at any time, lodge any protest before the Argentine Government nor before any other authority in relation to the acts conducted by Jewett at Port Louis.
Shortly after this formal possession, Guillermo Mason was named as Jewett’s successor as Governor of the Malvinas/ Falklands. In 1823, the Buenos Aires Province awarded the partners Jorge Pacheco and Louis Vernet with a land Concession and commercial exploitation privileges of the East Falkland (Isla Soledad). Also, in early 1824 Army Captain Pablo Areguati was designated as the Military Commanding Officer in the archipelago. Another important point (perhaps the most important) is that in 1823, the United Kingdom officially recognized Argentina’s independence from Spain and, in 1825 signed a Navigation, Commerce and Friendship Treaty between both countries without making any reservations about the acts of Argentine sovereignty that had been carried out in the Islands. Nor did any other Nation or State present counterclaims over the territory.

Regard

Alexander
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