Apodaca–Canning treaty

Treaty of Peace, Friendship, and Alliance between his Britannic Majesty and his Catholic Majesty Ferdinand VII. Signed at London, Jan. 14, 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 VII, have constituted and appointed; that is to say, his Majesty the King of the United Kingdom of Great Britain and Ireland the right hon. 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 behalf of his catholic majesty Ferdinand VII. 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 VII, 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:—

Article 1

There shall be between his majesty the king of the united kingdom of Great Britain and Ireland, and his catholic majesty Ferdinand VII, king of Spain 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 their side, in the course of the late wars, in which they have been engaged against each other.

Article 2

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 exceptions, 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 disputes 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 thy shall meet with every help and assistance from the naval power of his Britannic majesty.

Article 3

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 VII, 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 VII, 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.

Article 4

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

Article 5

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.

(L.S.) GEORGE CANNING.

(L.S.) JUAN RUIZ APOCADA.

Article 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 means in his power.

The present separate article shall have the same force and validity, as if it were inserted, word by 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, &c.

(L.S.) GEORGE CANNING.

(L.S.) JUAN RUIZ APOCADA.

Article II. Separate.

A treaty shall forthwith be negociated, 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, plenipotentiaries, have signed, &c.}}

(L.S.) GEORGE CANNING.

(L.S.) JUAN RUIZ APOCADA.

Additional article

The present circumstances not admitting of the regular negociation of a treaty of commerce and between the all two countries, with all the care and consideration due to so important a subject, the high contracting powers 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, &c.

(L.S.) GEORGE CANNING.

(L.S.) JUAN RUIZ APOCADA.