COLONEL DRAPER’S ANSWER TO THE SPANISH ARGUMENTS

To the Earl of Halifax, His Majesty’s Principal Secretary of State For the Southern Department.[8]

My Lord,

Armed with that Boldness which Innocence inspires, and the Consciousness of having done my Duty, both as an Officer, and a Man of Honour and Humanity; I presume again to lay before your Lordship my Answer to the Spanish Ambassador’s Memorial.

This Reply is something more copious than the former, which I had the Honour of presenting to your Lordship in March last: The new Arguments that have been urged to evade Payment, requiring fresh Reasons to endeavour to enforce it.

I was in great Hopes, that the good Faith, Honour, and Punctuality of the Spanish Nation, would have made this Publication unnecessary. But finding, that they have absolutely refused Payment of the Ransom Bills, drawn upon their Treasury by the Governor of Manila, and do now claim the Restitution of the Galeon, I am constrained, for the Sake of those brave Men, to whom I am obliged and indebted for my Success, to assert their Rights, in the best Manner I am able.

Many of them, my Lord, from the too usual and sanguine Hopes of their Profession, have already anticipated their supposed Profits, and may live to repent their fatal Success in a Jail; unless the powerful Intercession of the Government will rescue them from impending Misery or Destruction. They vainly look up to me for that Protection, which in their Names, I again request from your Lordship’s good Offices.

I must add, that the calumnious and envenomed Attack upon my own Character, demands the most public Justification: Being described both at Home and Abroad, as a Man void of all Faith, Principle, or common Honesty; and so, indeed, I should be most deservedly thought, were I guilty even of the smallest Part of what the Spanish Memorial accuses me. A Dey of Tunis, or Algiers, would blush to make use of so black an Instrument of Perfidy and Piracy. I owe, therefore, this open Vindication of my Conduct, both to my Sovereign, and to my Country, whose Representatives were pleased to honour me with their public Thanks, the greatest of all Rewards, and indeed, the only one I have received for my late Services.—Sed mihi facti fama sat est.[9]

My Silence, perhaps, may be misconstrued; it may be suspected that I have sacrificed the deluded Partners of my Expedition, to private and base Considerations; (for something of a dark and private Treaty has been whispered about) but, I thank Heaven! my Behaviour has been such as will bear the Light of Day; and the all-searching Eye of Truth.

The Spaniards have assigned my Breach of Faith in the Capitulation, as one Reason for their Refusal of Payment: I cannot, therefore, servilely stoop, or submit to the heavy Load of Guilt, with which they have endeavoured to overwhelm me. But perhaps, a Second Gondemar[10] is arrived amongst us: Yet the Happiness of the Times, we have the good Fortune to live in, forbids me to carry the Allusion any farther; nor have I the Vanity to compare myself to the great Raleigh, even in Miniature; a very unjust and vindictive Accusation, forms the only Part of the Parallel betwixt us. But as the execrable Days of James the First can never be renewed under the Reign of our most just, good, and gracious Sovereign, I will not harbour the least Suspicion that I shall resemble that illustrious Man in his Misfortune; or remain unprotected, or be sacrificed for my poor Endeavours to serve my King and Country; to whose Judgments I most dutifully and humbly submit my Cause.

I have the Honour to be, my Lord, With great Respect and Esteem, Your most obedient, humble Servant,

William Draper

The Spanish Arguments for refusing Payment.[11]

The English Generals who made themselves Masters of Manila proposed, on the[12] Fifth of October, 1762, a Capitulation to the Archbishop, who acted as Governor; by which they promised to preserve the City from Pillage, if the Governor and principal Magistrates would consent to, and sign the Articles of, the said Capitulation; which they were forced to do, being threatened to be put to the Sword, in Case of Refusal.

Notwithstanding this shameful Capitulation, extorted and signed by the Means of Violence and Rigor, General Draper ordered or suffered the City to be sacked and pillaged, for forty Hours, by Four Thousand English, who plundered it of more than a Million of Dollars.[13]

Therefore the said Capitulation ought to be void, because it was signed by force; and because General Draper first violated and broke the Capitulation, by permitting the City to be pillaged. Consequently, that Capitulation only, which was proposed by the Governor, accepted of, and signed by Admiral Cornish and General Draper, upon the seventh of October, ought to be considered and respected in this Affair.

The First Article of which grants to the Inhabitants of Manila, the peaceable and quiet Possession of all their Effects; the Fourth and Sixth grant them the Liberty of Commerce, under the Protection of his Britannic Majesty.

Refutation

It is a known and universal Rule of War amongst the most civilized Nations, that Places taken by Storm, without any Capitulation, are subject to all the Miseries that the Conquerors may chuse to inflict.

Manila, my Lord, was in this horrid Situation; of Consequence the Lives of the Inhabitants, with all belonging to them, were entirely at our Mercy. But Christianity, Humanity, the Dignity of our Nation, and our own Feelings as Men, induced us not to exert the utmost Rigours of the Profession, against those wretched Suppliants; although my own Secretary, Lieutenant Fryar, had been murdered, as he was carrying a Flag of Truce to the Town. The Admiral and I told the Archbishop and principal Magistrates, that we were desirous to save so fine a City from Destruction, ordered them to withdraw, consult, and propose such Terms of Compensation as might satisfy the Fleet and Army, and exempt them from Pillage, and its fatal Consequences.

The Proposals they gave in, were the very same, which the Spaniards most artfully call a Second Capitulation; and were afterwards agreed to, and confirmed by us (with a few Restrictions) but at that time were so unsuitable to their desperate Situation, that we rejected them as unsatisfactory and inadmissible. As Conquerors, we took the Pen, and dictated those Terms of the Ransom which the Spaniards thought proper to submit to; for they had the Alternative, either to be passive under the Horrors of a Pillage, or compound for their Preservation; they accepted the latter.

The Objection and Pretence of Force and Violence may be made use of to evade any military Agreements whatsoever, where the two Parties do not treat upon an Equality; for who, in War, will submit to an inconvenient and prejudicial Compact, unless from Force? But have the Spaniards forgot their own Histories? Or will they not remember the just Indignation expressed against Francis the First, who pleaded the like Subterfuge of Force and Violence, to evade the Treaty made after the Battle of Pavia, and his Captivity?

Should such elusive Doctrines prevail, it will be impossible, hereafter, for the Vanquished to obtain any Quarter or Terms whatsoever: The War will be carried on usque ad internecionem;[14] and if a Sovereign shall refuse to confirm the Conditions stipulated by his Subjects, who are in such critical Situations, the Consequences are too horrid to mention.

By the same fallacious Sophistry, a State may object to the Payment of the Ransoms of Ships taken at Sea, and to Contributions levied in a Country which is the Seat of War. But it is always allowed, that in such Cases, a Part must be sacrificed to save the Whole; and surely, when by the Laws of War, we were entitled to the Whole, it was a great Degree of Moderation to be contented with a Part.

The Destruction that we could have occasioned, would have trebled the Loss they suffer by the Payment of the Ransom. The rich Churches and Convents, the King of Spain’s own Palace, with its superb and costly Furniture, the magnificent Buildings of every Sort, the Fortifications, Docks, Magazines, Founderies, Cannon, and in short the Whole might have been entirely ruined, the Spanish Empire in Asia subverted, and the Fruits of their religious Mission lost for ever,[15] together with the Lives of many Thousand Inhabitants, who were spared by our Humanity. As a suitable and grateful Return for this Lenity, the Spanish Memorial affirms, that after the Capitulation was signed, General Draper ordered or permitted, the City to be sacked and pillaged forty Hours together, by Four Thousand English, who plundered it of more than a Million of Dollars.

As my own Character, both as an Officer, and a Man of Honour, is so wickedly attacked by this unjust Accusation, I must beg Leave to state the whole Affair, in its true Light; and do appeal for its Veracity to the Testimonies of every Officer and Soldier, who served in the Expedition, and to all of the Marine Department.

We entered Manila by Storm, on the 6th of October 1762, with an Handful of Troops, whose Total amounted to little more than Two Thousand; a motley Composition of Seamen, Soldiers, Seapoys, Cafres, Lascars, Topasees, French and German Deserters.[16]

Many of the Houses had been abandoned by the frightened Inhabitants, and were burst open by the Violence of Shot, or Explosion of Shells. Some of these were entered and pillaged. But all military Men know, how difficult it is to restrain the Impetuosity of Troops in the first Fury of an Assault, especially when composed of such a Variety and Confusion of People, who differed as much in Sentiments and Language, as in Dress and Complexion.

Several Hours elapsed, before the principal Magistrates could be brought to a Conference; during that Interval, the Inhabitants were undoubtedly great Sufferers. But, my Lord, this Violence was antecedent to our Settling the Terms of the Capitulation, and by the Laws of War, the Place, with all it’s Contents, became the unquestionable Property of the Captors, until a sufficient Equivalent was given in Lieu of it. That several Robberies were committed, after the Capitulation was signed, is not to be denied; for Avarice, Want, and Rapacity, are ever insatiable: But that the Place was pillaged for Forty Hours, and that Pillage authorized and permitted by me, is a most false and infamous Assertion. The People of Manila, my Lord, have imposed upon their Court, by a Representation of Facts, which never existed; and to make such a groundless Charge the Reason for setting aside, and evading a solemn Capitulation, is a Proceeding unheard of until now, and as void of Decency, as Common Sense.

The following Extracts from the Publick Orders, given out the very Day we entered the Town, will sufficiently convince your Lordship, of my constant Attention to the Preservation of those ungrateful People; who have almost taught me to believe, that Humanity and Compassion are Crimes.

Extracts

October 6th, Manila.

“The utmost Order and Regularity to be observed.

“All Persons guilty of Robberies, or Plundering the Churches and Houses, will be hanged without Mercy.

“The Guards to send frequent Patroles both Day and Night, to prevent all Disorders.

“The Drummers to beat to Arms, the Officers to assemble with their Men, and call the Rolls.

“The Adjutants to go around the Town, and take an exact Account of the Safe-guards, posted for the Protection of the Convents, Churches, and Houses.

October 7th.

“All the Inhabitants of Manila are to be looked upon and treated as His Britannick Majesty’s Subjects: They having agreed to pay Four Millions of Dollars, for the Ransom and Preservation of their City and Effects.

“The Criminals executed for Robbery and Sacrilege, to be buried at Sunset.”[17]

I hope the foregoing Extracts, are sufficient to vindicate my Character. Moreover, the strictest Search was made on board the Squadron by the Admiral’s Orders, and amongst the Troops, to recover what had been stolen and secreted; and all the Money, Plate, and Jewels, so recovered, were put into the Treasury, and allowed, and accepted of as Part of the Ransom.

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 Hostages[18] 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.

How it has been fulfilled, has been but too clearly manifested, by the Court of Spain’s Refusal to pay the Two Millions of Dollars, for which we trusted to the Honour and Punctuality of that Nation. Until that Sum is paid, it is impossible even to name the Galeon.

Postscript

It is now pretended that the Spanish Governor exceeded his Powers, that he had no Authority to draw Bills, of such a Nature, upon his Court: But will not unforseen Events, demand unforseen Expedients? In Europe, where the Distance will allow of it, it is undoubtedly the Duty of every Governor or Commander, to consult his Sovereign (if an Opportunity offers) before he presumes to give his Consent to, or ratify any Agreement that may be prejudicial or dishonourable to his Crown. But can such Formalities be required or observed at the Distance of half the Globe? The Persons entrusted with such remote Commands, must be left to their own Discretion; to the Fertility or Barrenness of their own Invention and Resources. A State may undoubtedly punish the Man who is found to have betrayed its Dignity or Interests; but at all Events, it must abide by his Decisions, how prejudicial soever.

We find in History, that the Romans, have sometimes delivered up to the Enemy such of their Generals, who had made a shameful or disadvantageous Peace, without the Consent or Approbation of the Senate: But that Practice has been universally condemned upon the truest Reasons; because the Delivery of an Individual could never be adequate to the Advantages they might acquire by the breaking of a bad Treaty; or compensate their Enemies for the Opportunities and Advantages they might give up, or lose, upon the Faith of such an Agreement.

I flatter myself that the Spaniards will not copy that great Nation in its Defects, but imitate its Virtues.

It is also asserted, that the Ransom Bills were given and accepted only to preserve the private Property of the Inhabitants; But I do most solemnly aver, my Lord, that the Ransom was general, as well as particular. Can Six Hundred Pieces of Brass and Iron Ordnance? can the Fortifications of the Citadel and Town of Manila, with those of the Citadel and Port of Cavite, the publick and royal Magazines, Store-houses, Docks, &c. be called private Property? They belonged, most undoubtedly, to his Catholic Majesty, and by the stern Rules of our Profession, might have been destroyed, had the Admiral and I been disposed to have carried on the War with that Barbarity, of which other Nations have more than once set us the Example: But we considered rather how Englishmen should act, than what our Enemies might have suffered. But let us, for a Moment, admit that the Bills were drawn for the sake of preserving private Property only: Even in that Case the Spaniards are bound in Honour to oblige the People of Manila to pay the Money; and they are now very able to discharge the Debt, since they have received all the Treasure of the Philippina Galeon.

Our Court has shewed them a most bright and laudable Example, by taking Care that all the Ransom Bills, due even to the Enemy’s Privateers, should be most punctually paid, since the Conclusion of the Peace. Surely such upright Proceedings on our Side will infuse the same religious Observance of good Faith in all concerned in this Business. Otherwise we must say with Grotius, ab Injustitiâ excusari nequeunt, qui, cum pacta improbent, tamen retinent, quæ, sine pactis non haberent. “They cannot avoid the Imputation of Injustice, who disapprove of Treaties, and yet keep Possession of what they could not have been possessed of, but by the Means of those Treaties.”

We have an indisputable Right to Manila, and all its Dependencies, if the Ransom Bills are not faithfully paid.

I do therefore, my Lord, in the Names of all concerned (the Navy, Army, and East India Company) implore the Assistance and Protection of the Government, and its effectual good Offices, to maintain our most just Rights, and recover the Part of the Ransom as yet unpaid.

[Here follow the “Proposals” and “Conditions,” q.v., ante, pp. 75–80.]

[1] The title-page of this pamphlet (which is without date of publication, or author) reads as follows: “A plain narrative of the reduction of Manila and the Philippine Islands.” This is listed in the bibliography issued by the Library of Congress, Books of the Philippine Islands (p. 124), under the joint authorship of Sir Samuel Cornish and Sir William Draper, because the signatures of both are appended to the several “Conditions” and “Proposals” inserted at the end (which we publish elsewhere). It is probable, however, that the latter alone is the author of the Plain narrative, as is evident if it be read in conjunction with the following pamphlet, Colonel Draper’s answer, which is signed by the latter. From the internal evidence furnished also by the latter pamphlet, we are inclined to believe that the Plain narrative was published at London in 1764, and prior to Colonel Draper’s answer. [↑]

[2] The following items from various British magazines contemporary with the siege show the considerable place taken in English politics by the question of the ransom:

The Gentleman’s Magazine for 1764 (vol. xxxiv, p. 544) says, under date of November 15: “A categorical answer came over from the courts of France and Spain, relative to the payment of the subsistance money due for the prisoners of the former, and the ransom of the Manillas, both which, according to this report, have been absolutely refused by the said powers.”

The London Chronicle for February 28-March 2, 1765 (vol. xvii, no. 1279) says: “We hear the Spaniards want to deduct 1,230,000 piasters, or pieces of eight, out of the ransom of the Manillas, for the damages and losses the inhabitants sustained on the 6th of October 1762, when it was taken by storm by the English forces.”

“London, Jan. 25. By letters from Madrid we are assured that Lord Rochfort had, in consequence of orders from England, demanded the final sentiments of the Catholic ministry, respecting the payment of the Manilla ransom, in order to be transmitted home for the inspection of the grand council of the nation; and it was current there, that this long protracted affair would soon be amicably adjusted.” (Scots Magazine, 1766, p. 48.)

“London, May 20. They write from Madrid, that some dispatches, just received from Manilla, in the East Indies, which the court had impatiently expected, would possibly hasten the final payment of the ransom-bills; and that Lord Rochfort appeared to be on very good terms with the Catholic ministry.” (Ut supra, p. 270.)

“London, Aug. 29. According to letters from Madrid, one reason alledged for the non-payment of the Manilla ransom is the delay of the expected flotas from New Spain, which has rendered the treasury very bare of money.” (Ut supra, p. 441.)

“Paragraph of a letter from Madrid. Our politicians are at a loss to know what will be the result of the demand made by the English ambassador, for the payment of the Manilla ransom. If the English court are really in earnest, it is generally thought by those who pretend to be conversant in court-affairs, that the Spanish court would rather pay it, than venture another war with G. Britain. All I can say in the matter is, that it should be immediately insisted on, as, in all probability, this court will prevent the further progress of trade between Manilla and the South seas, as they seem to think the whole riches of the mines will be centered in China, with which this court has no trade. This seems probable enough since the expulsion of the Jesuits, as it was through their interests that trade has so long subsisted; and what confirms it the more is, that the court will not pay for the additional fortifications of that place (Manilla) since it has been given up by the English. But if one may add his thoughts, I believe two or three ships, properly authorised, to back the above demand, would be more powerful intercessors.” (Ut supra, 1767, p. 549.)

“London, Nov. 19. A letter from Madrid has this passage: ‘Sir James Gray, the British Minister, has already entered upon his negotiation, of which the Manilla affair and the West-India commerce are the first objects.’ ” (Ut supra, p. 605.) [↑]

[3] If this Ship was not admitted in the Capitulation by any Accident of Non Compliance with the Terms of the Vice Roy’s Letter in that Case, we agreed to take his Bills on the King of Spain, he assuring us they would be duly paid. (Note by Draper.) [↑]

[4] The damage sustained by the Inhabitants before the plundering could be stopped, was estimated and deducted from the Ransom. (Note by Draper.) [↑]

[5] A Spanish Galleon sailing from the Havannah a Month before the Arrival of Sir George Pocock and Lord Albemarle to attack that Place, and taken in her Passage to Cadiz by two English Cruizers off the Canary or Western Islands, might with the same Degree of Equity be claimed by the Spaniards under their Capitulation for the Havannah. (Note by Draper.) [↑]

[6] See ante, pp. 71, 72, note 28. [↑]

[7] This is reprinted in vol. ii of The Field of Mars (London, 1781). See Bibliography of Philippines (Washington, 1903), p. 124. [↑]

[8] The full title of this book is as follows: “Colonel Draper’s answer to the Spanish arguments, claiming the galeon, and refusing payment of the ransom bills, for preserving Manila from Pillage and destruction: in a letter addressed to the earl of Halifax, his Majesty’s principal secretary of state for the southern department. London: printed for J. Dodsley, in Pall-mall. MDCCLXIV.”

Scots Magazine for 1764, pp. 455, 456, comments as follows on the money received by the English from the conquest of Manila:

Three distributions have been made of the money hitherto received on account of the capture of Manila. The first consisted of 526,306 Spanish dollars collected in specie, jewels, gold and silver plate, and merchandise, received in part of the four millions of dollars to be paid agreeable to the capitulation, including the plunder taken from the seamen and soldiers after the conquest, amounting to 496,000 dollars. The second arose from the balance of the first account, and the amount of sundry naval, victualling and ordnance stores, confiscated and secreted effects, amounting to 92,561 dollars and a fraction. The third arose from the sale of vessels, merchandise, naval and victualling stores, and confiscated effects, sold at Manila and Fort St. George, amounting to 43,280 pagodas and a fraction. Of each of these the East-India company received one third. Distribution has also been made of the effects saved out of the Spanish galley attacked and destroyed by three of the boats of the squadron in the bay of Manila, amounting to 13,319 dollars and a fraction. The total distribution to each class, being cast into Sterling money, comes out thus:

Between the Admiral, General, and Commodore, ⅛th£.14120129
To the Captains of the navy, and Field-officers of the army, 2⁄8​th, each153908½
To the Lieutenants and Masters of the navy, and Captains of the army, ⅛th, each16548
To the warrant-officers of the navy, and subalterns of the army, ⅛th, each8005½
To the petty officers of the navy, and non-comm. officers of the army, ⅛th, each3001
To the seamen and soldiers, 2⁄8​ths, each603

[↑]

[9] i.e., The renown of the deed is enough for me. [↑]

[10] A famous Spanish Ambassador, in the Reign of James the First. (Colonel Draper’s Answer, p. 9, note.) [↑]

[11] These arguments are presented by Draper in French and English parallel texts, the latter evidently being translated from the former. [↑]

[12] The Spaniards, by sailing to Manila, by the West, are a Day later in their Computation of Time in that Country. (Colonel Draper’s Answer, p. 13, note.) [↑]

[13] The Marquis de Ayerbe says that the British soldiery left nothing of value in the private houses, and rendered useless what they did not care to carry away. They committed numberless atrocities. At the convent of St. Dominic, they cut off the head of the Virgin of the rosary. They sacked and profaned the churches. The archives of the Audiencia, secretaryship, offices of the treasury, and many private papers, were burned. They were aided by the servants of the Spaniards and the natives who had come to defend the capital. On the petition of the archbishop, guards were placed by Draper in the convent of the nuns of Santa Clara and in the beaterios. That being done, Draper ordered the sack for three hours, a period which was prolonged to more than forty. The drunken soldiers violated the defenseless women, looted, destroyed, and profaned the churches, being aided in this by the Chinese and criminals who had been given their liberty. At the end of twenty-four hours, the archbishop protested, but notwithstanding the orders of Draper, the sack continued. The most inhuman deeds are said to have been committed by the natives. See Sitio y conquista, pp. 67, 68; and Montero y Vidal, pp. 31, 32, and note. [↑]

[14] i.e., “Even to the death.” [↑]

[15] Before the sack began, Draper ordered all the Indians to leave Manila. He also ordered whatever had been taken from the churches to be restored, but nothing was found except some vestments taken by the Sepoys, who appeared on the walls dressed in the same. Especially were the sacred places treated with deep respect. The religious were allowed to return to their convents, in an endeavor to gain their powerful influence. Especially did he try to win over the Augustinian ex-provincial Remijio Hernandez, then in charge of the province, writing him several letters. But he was unable to obtain his desire, for Hernandez remained firm in his loyalty. See Mas, i, pp. 134, 135, 137. [↑]

[16] A letter written to the London Chronicle, and published in that paper, for the issue of December 27–29, 1764, no. 252, p. 618, attests the humanity of General Draper. The writer, an eyewitness of the storming of Manila, asserts that Draper took very careful precautions to avoid the excesses that are liable to occur at such a time, with the miscellaneous troops under his command. As soon as the capitulation was in force, the chief men of Manila were allowed to retire into the country to escape possible contagion from the carnage. The writer denies any personal motive for the declaration, as he was really at Manila against his will, and has no connection with army or navy. “The following is nearly an exact list of the troops, that were employed on that expedition: 500 regulars, Mr. Draper’s own regiment; 250 Marines; 500 seamen; 600 Seapoys (black troops); 250 French, who, to be free of a prison, had entered into the Company’s service—a total of 2,100. The increasing these to 4000, and representing them as let loose to every degree of rapine, after the capitulation, are both equally unjust, and carry their conviction; nor can there be any greater evidence of Mr. Draper’s humanity and presence of mind, than that with such a body of troops he should restrain their impetuosity at such a period.” If the Spaniards fail in paying the ransom, they should surrender the city in the condition in which it was at the time of the surrender. [↑]

[17] Col. Draper’s answer to this point is contained in Scots Magazine for 1764, pp. 722–724; and an extract is given in London Chronicle, 1764, p. 612. [↑]

[18] When Colonel Draper left Manila, all the Oyidores (the first Magistrates of the Place) were taken as Hostages: What has been done with them since that Time, he supposes Mr. Drake, the Deputy Governor, will inform the East India Company, and the Ministry. (Colonel Draper’s Answer, p. 27, note.) [↑]