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Benavides collected testimonies from personnel who served in the debatable land
Source: Historical proof of the right of the Catholic King to the territory held to-day by the British King under the name of New Georgia #558
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3. In view of this the governor of Florida, in order to proceed with greater certainty and justification in the deliberations of the meeting, wished, with the assistance of the government clerk, to secure a report from some of the persons living in San Agustin who could give personal information regarding the confines and boundaries of the lands which the King of Spain possessed and which his vassals occupied, to the north of that city, many years after 1670. His aim was to be able more clearly to convince and demonstrate to the governor of Carolina, in case he should oppose the just possession of the country, that it belonged to his Catholic Majesty; for he thought that by presenting facts so well authenticated he would avoid many discussions and arguments which otherwise would undoubtedly be offered by the English. He therefore ordered to be called into his presence Don Juan Mexia, captain of the garrison; Don Juan de Ayala, sergeant-major; Juan de Sandoval, soldier in the infantry; Don Josef Rodriguez Menendez, and Don Alonzo de Avila Saavedra, adjutants; and the accountant, Don Francisco Menéndez Marqués. Each one having been interrogated separately under oath, they made their declarations, as eye-witnesses with certain knowledge, that they had all served in the garrisons, some as private soldiers and some as corporals, in the settlements of Santa Catharina, Zapala, Gualquini, Santa Maria, and San Juan, long after 1670, and that the fort in question was in the territory legally belonging to the King of Spain. Captain Don Juan Mexia and the adjutant Don Josef Rodriguez Menendez added that they had been with the second expedition which Governor Don Diego de Quiroga attempted by order of the King for the dislodgement of the English 62. settled at Santa Elena, which on account of a storm that broke up the fleet, did not succeed, as has been stated in Chapter V, paragraph 12.* [Arredondo note * Proceedings which appear in the records of the matter, existing in the archives of San Agustin and Havana.] [Bolton note: Arredondo here again speaks of Quiroga's second expedition against Santa Elena. He seems to have De Leon's expedition in mind. After he left Florida, Quiroga made a long list of his deeds as governor between 1687 and 1693, but he does not mention any expedition to Carolina. I suspect that Arredondo is wrong. El Maestro de Campo Don Diego de Quiroga y Losada, Governador y Capitan General de la Florida a S. M. (A. G. I., 68-1-27).] 4. It is clear that such a report from persons so well informed [testimonies from Spaniards who served in GA] fully proves Spain's ownership of the region in question, for it establishes the true state of the matter, which is not contradicted by the fact that the Governor of Carolina replied to the letters from the Governor of Florida in such terms as he did, for nothing is more natural than that he should receive orders from his sovereign "to make his dominions secure with fortifications and settlements in the best way possible." These orders explain in themselves the meaning of his British Majesty, for he did not aim at securing and fortifying foreign dominions, such as those in question were and are; therefore the governor of Carolina ought not thus to interpret the orders, absolutely appropriating to himself and to the crown of his King a country which did not belong to him. On the contrary, he ought, in view of the mutual friendliness, to have convinced the governor of Florida with arguments and clear proofs, authenticated by documents, and to have shown him the titles proving the King his master to be owner of the territory 63. [Bolton note: See Middleton's letter, Serrano y Sanz, op. cit., 255-257.] in question, especially since the court of London could not fail to bear in mind Article 8 of the Treaty of Utrecht dated July 13, 1713, especially since the court of London could not fail to bear in mind Article 8 of the Treaty of Utrecht dated July 13, 1713, in which*[Arredondo note * A literal copy of Article 8 of the Treaty of Utrecht.] "the Most Serene and most Powerful Princess Dona Anna, Queen of Great Britain, promises that she will aid the Spaniards with her forces and means, so that the former boundaries of the regions in America belonging to Spain may be restored and perpetuated as they were in the time of Senor Don Carlos II, and the losses and diminution from which they have suffered since the said Carlos II died may be repaired."
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