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The first part of this chapter focuses on the shift in Anglo-Spanish relations brought on by the death of the British ambassador in Madrid. It delves into the critical role that individuals can play during diplomatic negotiations and the subsequent effects they can have on issues relating to neutrality and sea power. Keene’s relationship with William Pitt and with Ricardo Wall largely kept Anglo-Spanish relations afloat and working toward an eventuality where Spain would remain neutral and willing to compromise on neutral rights. Keene actively worked to persuade Wall to accept the Court of Prize Appeal as the best mechanism to safeguard Spanish neutrality but failed to achieve his goal before he died. Keene’s successor, Lord Bristol, proved much less effective and relations between the two governments deteriorated further. It was under these trying political circumstances that the San Juan Baptista came before the Court of Prize Appeal. Lord Hardwicke’s intent appeared to be to ensure that the first Spanish appellate case be decided in favour of the Spanish in order to win Spanish government support for the Court of Prize Appeal as a fair and viable mechanism to safeguard neutral rights.
This chapter begins Part III of the book which focuses on Anglo-Spanish relations during the Seven Years’ War and focuses particularly on the first two Spanish cases to come before the Court of Prize Appeal. This serves as a contextual chapter for Anglo- Spanish affairs and introduces the specific people and dynamics within the Spanish Court that were critical to negotiations over neutrality. It also introduces the cases of the San Juan Baptista and the Jesús, Maria, y José. The chapter highlights that the political and diplomatic contexts of Anglo-Spanish relations were markedly different from those of Anglo-Dutch relations and that preserving Spanish neutrality was, in many ways, much more fraught and complicated. This was due largely to internal Spanish political events (such as the death of King Ferdinand VI and the death of the British ambassador to Spain) and Anglo-Spanish maritime grievances that went beyond questions of prize-taking but spoke to the core of Spanish fears that British maritime hegemony would drastically alter the power of balance in the Americas and adversely affect neutral nations.
The latter years of Spain’s neutrality during the war (1759–62) saw an even greater deterioration in Anglo-Spanish relations. Ministers from both Courts attempted to preserve and salvage Spanish neutrality, but unresolved diplomatic grievances, as well as the deaths of both the Spanish king, Ferdinand VI, and the British monarch, George II, foiled their efforts and any gains made by the case of the San Juan Baptista. The increasing decay and eventual breakdown of Anglo-Spanish relations during the war demonstrate that the tactics used to ensure Dutch neutrality could not so easily be transferred to maintain Spanish neutrality. This chapter begins with the appellate case of the Jesús, Maria, y José and a close look at the legal arguments presented for both the Spanish shipowners and the British privateers who took the ship as prize. The proceedings of the court are analysed alongside the political developments between the Spanish and British ministries, and illustrate how they influenced one another. The case demonstrates Hardwicke’s continued attempts to make legal arguments that would set the Rule of the War of 1756 as the standard rule for how Britain’s prize court system would judge the legality of enemy goods carried in neutral ships.
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