Falklands War: the first 400 years Claims, Chronology & Counter-Claims by Roger Lorton Falklands War: the first 400 years Claims, Chronology & Counter-Claims Roger Lorton LL.B(Hon), M.Phil 2012 Roger Lorton has asserted his rights under the Copyright, Designs and Patents Act 1988 to be identified as the author of this book. 2 Introduction ◈ A couple of years ago I came across a forum while 'surfing' the internet. There was an ongoing debate about Argentina's claims to the archipelago, an argument I had thought long resolved by the Falklands War in 1982. My interest roused I discovered that 1982 was just the most violent episode in a conflict that has a much longer history, and a dispute that remains unfinished. All the indications are that it is set to run and run. So, being argumentative by nature, I set upon a little research the better to push Britain's case in the forum I'd found. It turns out that there are quite a few forums. This book is the result of that research, or at least of a part of it. On the internet, my research amounts to nearly 200,000 words and covers as much Falklands history as I've been able to uncover. This then, is about a third of the full history. I've set out the various claims, as I understand them, and then have laid out the history of the diplomatic battles and skirmishes that have taken place over these far flung rocks. Set out as a time-line, it rather reflects the way that I like to view things, in factual chunks, the better to understand the processes involved and to see the relationship between one event and another. Too much of the history of the Falklands is viewed in isolation rather than in the wider context of the period. I believe that there is very little that can be properly understood if viewed in isolation. After the chronology are the counter-claims, where I attempt to sum up history. Never an easy task. One day perhaps these issues will be aired in an international tribunal or a court of law where better minds than mine can consider the legal implications. Actually that option has been available to all the participants in the Falkland Wars for the last 100 years; and yet none have taken it up. Perhaps no one is very certain of the result. Until then, I offer this. I've kept the references, citations, sources, etc., and hence the footnotes, to a minimum. The larger history lodged on the internet is fully referenced, and can be checked by the reader should they require more information, or question my sources. Indeed, more than 90% of what I have here is available to the serious researcher on the internet. An indication of how popular this subject is I think. So, if in doubt, Google it. I have opted for self-publication for one simple reason. Any commercial publisher worthy of the name would have the bottom line in mind and would, quite rightly, ask me to take down the internet pages. Uninterested in the possibility of profit, of which I suspect there is none, I have taken this course. I hope it is of benefit. Enjoy. July 2012 NB The Falklands archipelago consists of two main islands, surrounded by hundreds of small ones. History is easier to understand if one thinks of East and West. 3 Claims ◈ France First settlement – the first country to build a settlement on the Islands were French. America Inheritance – a right of access to the whale and seal fisheries around the Falkland Islands inherited from Britain. Spain Abandonment – the British gave up their pretensions to sovereignty by abandoning the archipelago in 1774 and relinquishing their title, as they had promised. Cession from France – the French ceded their claim to sovereignty to the Spanish in 1767. First Discovery – Spain got there first. Settlement & Use – unchallengeable after 1767 Treaty – Tordessilas (1494) gave the Falklands to Spain; Utrecht (1713) prevented British discoveries in the Americas and Nootka (1790) forbade any settlement on the coast of America south of any existing Spanish colony. Britain Acquiescence/Prescription – no objection was made to British possession and, as a result, good title passed eventually to Britain under the laws of 'prescription', or 'squatters rights'. First Discovery – England got there first. First Settlement – the first country to build a settlement on the Islands were British. Use – British shipping has made extensive and uninterrupted use of the islands from 1766 until today. Argentina Inheritance – sovereignty passed to Argentina on their declaration of independence as the successor to Spain and the Viceroyalty of the Rio de la Plata. Claim, Settlement & Use – the Falklands were claimed for the United Provinces in 1820 and this was followed by a settlement in 1823 and then undisturbed use until 1833. Usurpation – the British appeared in 1833, 55 years after they'd abandoned West Falkland, and ejected all the legal Argentine settlers so that they could place an 'implanted population' from Britain onto the Falkland islands. 4 Chronology ◈ 1480 - 1768 ◈◈ The 15th century may seem a little early for the dispute over the Falkland Islands to have started. After all, they had not yet been discovered. Not by Europeans at least. But the roots of this war start way back then when a Pope, Alexander VI, took it upon himself to divide the unknown world; giving the larger portion to Spain. He was Spanish of course, but that, apparently, was not relevant. What was relevant is that Spain believed that it had incontestable ownership of everything to the west of an imaginary line drawn from north to south down the globe. They would hold on to that belief for nearly 300 years. 1481 – June, a Papal Bull, Aeterni regis, issued by Pope Sixtis IV, confirms the Treaty of Alcáçovas which recognises Spain's sovereignty over the Canary Islands. In Spain and Portugal's attempt to carve the unknown world between them, Portugal gets everything to the south of the Canaries. 1491 – ships leave Bristol; “ in search of the island of Brazil and the seven cities.” th 1493 – May 4 , Pope Alexander VI issues the Inter caetera, dividing the New World lands between Spain and Portugal by establishing a north-south line of demarcation 100 leagues west of the Cape Verde Islands. Undiscovered non-Christian lands to the west of the line are to be Spanish possessions and those to the east belong to Portugal. 1494 – Portugal complains that the Pope's decision breaches the 1481 agreement. Representatives from Spain and Portugal meet in the Spanish town of Tordesillas to discuss the matter. th June 7 , the two sides sign the Treaty of Tordesillas with the line of demarcation now relocated to a position 370 leagues west of the Cape Verde Islands. The Falkland Islands lie within the area granted to Spain, while South Georgia and the South Sandwich Islands lie in Portugal's sphere of influence. The agreement only binds the signatories though and is not recognised by other European States, particularly England. th 1496 – March 5 , King Henry VII, in defiance of both the Pope's grant, and the Treaty of Tordesillas, provides Letters Patent to John Cabot, giving; “... full and free authority, faculty and power to sail to all parts, regions and coasts of the eastern, western and northern sea, under our banners, flags and ensigns, with five ships or vessels of whatsoever burden and quality they may be, and with so many and with such mariners and men as they may wish to take with them in the said ships, at their own proper costs and charges, to find, discover and investigate whatsoever islands, countries, regions or 5 provinces of heathens and infidels, in whatsoever part of the world placed, which before this time were unknown to all Christians. ..” th 1498 – July 25 , the Spanish Ambassador in England, Don Pedro de Ayala, writes to the Court of Spain; “I think your Majesties have already heard that the King of England has equipped a fleet in order to discover certain islands and continents, which he was informed [by] some people from Bristol, who manned a few ships for the same purpose last year, had found. I have seen the map which the discoverer has made, .... The people of Bristol have, for the last seven years, sent out every year two, three, or four light ships, in search of the island of Brazil and the seven cities, . I have seen on a chart the direction which they took and the distance they sailed, and I think that what they have found, or what they are in search of, is what Your Highnesses already possess. I write this because the King of England has often spoken to me on this subject, and he thinks that Your Highnesses will take great interest in it. I told him that, in my opinion, the land was already in the possession of Your Majesties; but though I gave him my reasons, he did not like them.” th 1501 – March 19 , Letters Patent, issued by Henry VII grant permission to Richard Warde, Thomas Ashurst and John Thomas; “to undertake explorations in the west.” 1506 – the Treaty of Tordesillas is recognised by the Pope. 1507 – German cartographer, Martin Waldseemuller, using information garnered from Portugal, publishes his map of the world. He shows islands near the east coast of South America, close to 50ºS latitude. 1516 – Juan Diaz de Solis, a Spanish navigator, steps ashore on land to the south of the Rio de la Plata.