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rity, they were obtained with difficulty by the strenuous exertions of Mirabeau, against the more popular propositions of Duport, Barnave, and Alexander Lameth, who wished to take from the King all authority in matters of peace or war*.

CHAP.

LXVII.

1790.

As mediation in diplomatic language often means Mediation arbitration, and as an armed arbitrator is apt to en- rejected. force his own award, the offer of M. Montmorin was declined; but, in the existing state of things, Earl Gower, the English ambassador at Paris, was instructed to make no remonstrance against the French

armament.

Nor was the Spanish government inactive. The Naval prepafleet, under Lieutenant General Borja, consisting of rations of Spain. three ships of the line, six frigates, and two sloops, sailed from Carthagena, to which port orders had been transmitted for the immediate equipment of six sail of the line and two frigates; while four line of battle ships and some frigates were arming at Cadiz. Another armament, of three sail of the line and two store ships, was preparing at Ferrol; and, upon the whole, the Spaniards were getting ready for immediate service about twenty sail of the line.

ambassador.

Mr. Eitzherbert was instructed, as a preliminary Instructions to to all discussion, to demand from Spain reparation to the English the parties injured, and a declaration of the reasons for the concession. If this proposal were acceded to, May 16th. no questions of abstract right were to be discussed; but should Spain make it necessary, the ambassador was to declare that England could never admit a territorial claim extending to places which the Spaniards neither possessed nor occupied; nor the claim of exclusive navigation or commerce in the American Pacific seas. British ships could be excluded only from the ports of countries actually in the possession of Spain, and so far as was necessary for preventing a contraband trade. Mr. Fitzherbert was instructed,-first, to secure the unmolested freedom of fishing for whales and seals in any part of the American seas, or of the

* Lacretelle, Historie de France, tom. viii. p. 57.

CHAP.
LXVII.

25th.

1790.

Progress of negotiation.

Appearance of a pacific disposition.

Altered con

June 10.

Pacific Ocean, and to express his Majesty's readiness to agree to any proper provisions for preventing his subjects from making the fishery a pretext for carrying on contraband trade. The bonâ-fide occupation of Nootka Sound by British subjects conferred a title to the lands, and a right to carry on commerce, unless earlier possession on the part of Spain, or of any other nation, could be proved. Should satisfaction be positively denied, or Spain maintain her present pretensions, Mr. Fitzherbert was to leave Madrid and repair to Lisbon.

When Mr. Merry communicated the substance of his dispatches to Count Florida Blanca, that minister mitigated the wrong which had been done, by declaring that he knew only of the seizure of one English ship; and, with respect to the right of Spain to the possession of that part of the continent, he intimated that it might be possible in this, as had happened in other cases, for the two courts to establish limits by a convention, which would prevent such misunderstandings in future; but he repeated his apprehensions that our real object in this business might be of a more extensive nature. To dispel this suspicion, Mr. Merry read to him a secret and confidential dispatch from the Duke of Leeds. The Count said he was endeavouring to get all commercial disagreement arranged; and added, that the military preparations had principally been occasioned by the fear of disturbances in their colonies; although he allowed that some augmentation of the force had taken place in consequence of the existing dispute.

The conferences for some time assumed an aspect which led the English minister to declare it almost incredible that the Spanish court could really intend a rupture.

Soon, however, Mr. Merry experienced a great duct of Spain. change in the tone of Florida Blanca: he now said he was persuaded the English had, at all events, taken the resolution of breaking with Spain: his Majesty's message to Parliament was almost equivalent to a declaration of war: our intention was shewn by the

advices dispatched to all our settlements abroad: the tone of England toward Spain was insufferable; and, although he wished to preserve peace, he thought his country would unavoidably be driven to the necessity of defending herself. Measures were accordingly taken for increasing the military force, and a loan of about four millions sterling negotiated with the bankers of Madrid.

15th.

CHAP.

LXVII.

1790.

morial.

In answer to the English memorial, the King of 4th. Spain limited his claim of territory to those settle- Answer to the ments which might belong to his crown by solemn English metreaties, or by right grounded on them, or on the consent of nations, and by a well-proved immemorial possession, and, reserving the question of right for future discussion, proposed a reciprocal disarmament.

Mr. Fitz

This change in the temper of the Spanish court Arrival of was attributed, and not without apparent reason, to a herbert. confidence in the assistance of France. After a short interval, Mr. Fitzherbert reached Madrid. He lost no 9th. time in making communications and seeking explanations, and urged Florida Blanca to make explicit de- 16th-26th. clarations. The Count declined giving the satisfaction required as a preliminary; and the effect of his behaviour at a conference convinced Mr. Fitzherbert that the Catholic King and his ministers were entirely bent on war, although they refrained from commencing hostilities, on a presumption that their persisting in their refusal of satisfaction would impel England to make reprisals, and give them a right to demand the assistance of France.

When these expectations were disappointed, the 19-29. Adjustment Spanish monarch consented to make the declaration, proposed by and afford the satisfaction required, if explanations Spain. might be subjoined to the declaration in one of three forms which were proposed. They all left the dispute to reference, or further inquiry into facts.

causes of

Although these proposals were obviously inadmis- Supposed sible, still it appeared that a disposition to avoid hos- change. tilities was now prevailing in the Spanish cabinet. The source of this change was not exactly known; it might exist in the state of French politics, in financial

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CHAP. LXVII.

1790.

July 5.

England.

difficulties, or in domestic causes; and whether it were a mere coincidence, or had some connexion with affairs in agitation, is unknown; but the public feeling in Spain was much excited by an attempt to murder Count Florida Blanca. The assassin was a Frenchman named Perez; and, when apprehended, he endeavoured to destroy himself.

A memorial was forwarded to Mr. Fitzherbert, Proposals from containing a proposed declaration and counter-declaration, in which full satisfaction and atonement to England were to be made, while all just rights of Spain should be respected. The proposal to disarm, pending a negotiation, was absolutely refused.

Terms offered by Spain.

10th.

25th. August 5. Rejected.

The terms

proposed by

England accepted.

After a debate of some days, Mr. Fitzherbert, by appointment, met Florida Blanca at his office, when the Count offered unjust and extravagant terms, which were promptly rejected. Spain claimed exclusive possession of the whole coast of North-west America, from California up to and including the port of Nootka. A very limited right of trading and forming establishments was conceded to Great Britain; and, from latitude 56 downwards, this right should not extend beyond a certain number of leagues inland, in order to avoid interference with the Spanish mission. The right of fishing in the South Sea and Megellanic region, together with that of landing and erecting occasional buildings in such unsettled islands or parts of the coast as should be agreed upon, was so restrained and limited as to be of little value; and as, by means of such an arrangement, the two crowns would avoid all discussion of rights, they should also agree to waive their mutual demand of satisfaction; in which case, Spain would pay to the proprietors of ships taken at Nootka the full amount of their loss.

After this offer had been declared inadmissible, a long interval of suspense ensued; when, at length, a dispatch from Mr. Fitzherbert brought the pleasing intelligence that the declaration and counter-declaration before proposed had been signed and exchanged. The delay which had intervened shewed the difficulty of effecting an arrangement; in fact, not only the sub

stance, but the form of words, was the subject of great discussion, and a full concession was slowly and laboriously obtained.

A pacific disposition in the Spanish court seems to have been powerfully stimulated by the conduct of the United States of America; for, in consequence of some encroachments made by the governor of West Florida, the American chargé d'affaires at Madrid was directed, not only to complain, but to give notice that, on a delay of redress, the inhabitants of those districts would proceed to do themselves justice by force of arms*.

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Mr. Fitzherbert also received from the Spanish Pacific acts of minister Captain Colnett's letter, declaring that his Spain. vessel, himself and crew, had been released, and that he had a full expectation of being indemnified for all his losses; and Mr. Fitzherbert was assured that orders had been sent to Mexico for putting M. Martinez under arrest, to answer for his unwarrantable conduct. The other vessels were in like manner released; and the Chinese who had accompanied the British company to Nootka, and who had been sent by the Spaniards to work in their mines, were also set at liberty.

Conduct of

France.

Negotiations for a definitive arrangement pro- Progress of ceeded in the usual routine of projets and contre- negotiation. projets, claims, objections and replies, containing matter, which, when the point of honour between the nations was settled, can afford little interest in the recapitulation. France made a shew of inclination to throw her weight into the scale; but that interference was too late to produce effect. M. de Montmorin in- August 2. formed the National Assembly, that, as England was augmenting her armament, a similar effort should be made by France, and communicated to them a letter from the Spanish ambassador, dated the 16th of June, claiming the speedy and exact performance of the treaty called the family compact. On the report of the diplomatic Committee, to whom this affair was referred, the Assembly decreed that they would abide by the defensive and commercial engagements which the

• Marshall's Life of Washington, vol. v. p. 237.

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