CHAPTER XIII.

THE NOOTKA SOUND CONVENTION--ITS RECEPTION AND RESULTS.

After submitting the English ultimatum to the extraordinary junta, as

studied in the last chapter, Floridablanca continued his conferences

with Fitzherbert. He made strenuous efforts to induce the British

ambassador to modify the English demands. In the first article, which

declared that the buildings and lands on the Northwest Coast should

be restored to the British subjects, the Count pressed earnestly for

the insertion of the clause, “notwithstanding the exclusive rights

which Spain has claimed.” This would have been almost tantamount to

a recognition of the Spanish claim. Fitzherbert would not consent to

it. But since the declarations of July had expressly reserved the

discussion of those rights, and since the Spanish minister would not be

content without some reference to them in the convention, the British

ambassador consented to mention them in the preamble. Consequently, he

proposed the insertion of the clause, “laying aside all retrospective

discussion of the rights and claims of the two parties.” He was very

careful to word it so that there would not be in it any admission of

the justice of the Spanish claim. After some hesitation the Count

accepted it.

In the second article Fitzherbert consented to the omission of one

word. The projet had provided that “for all other acts of violence or

hostility,” etc., reparation should be made. The Count objected to the

word “other” as an unnecessary and invidious reference to the action

of Martinez at Nootka in 1789, in view of the fact that satisfactory

reparation for it had already been made. The British ambassador

consented to omit “other.” The Spanish minister attempted to limit this

reparation to offenses committed “on the said continent and the islands

adjacent.” Fitzherbert would not agree. This would not have included

the violence recently done to Captain Macdonald in the West Indies,

mentioned in the last chapter. England apprehended other similar

seizures, and such would not have been unnatural under the strained

relations existing between the two countries for so many months.

The last clause of the third article, making the privilege of landing

anywhere on the coast subject to the restrictions contained in the

following articles, was not in the draft _without_ a demarkation of

limits which was made the basis of the treaty, but it was in the

draft _with_ a demarkation of limits. Fitzherbert compromised on this

point and combined the two drafts. He admitted a limitation of the

privilege without obtaining a definite demarkation of the boundaries of

Spanish exclusive sovereignty. If Floridablanca had not secured this

concession, it would have meant that the English could have landed and

established colonies in any unoccupied spot on the coast of California,

Mexico, Central or South America. This concession was not included

in the draft which was examined by the special junta. It was on this

point that they so violently opposed conceding the English demands and

advised war at all hazards instead.

In the fourth article, regarding the limit of 10 leagues within

which English vessels should not approach Spanish establishments,

Floridablanca pressed very earnestly for extending the distance to

15 leagues. As a precedent for his contention, he cited the treaty

of 1763 between England and France, which fixed 15 leagues as the

distance within which French fishermen might not approach the coasts

of Cape Breton. He suggested the insertion of the words “in the said

seas,” which would confine this restriction to the Pacific. Fitzherbert

embodied the last mentioned suggestion, since he conceived that it

might be of advantage to the English fisheries on the Atlantic coasts

of Spanish America, but he would not admit the extension to 15 leagues.

His private instructions, as mentioned in the last chapter, had named

5 leagues as the distance to be first proposed, but had allowed him to

concede 8 or even 10.

The fifth and sixth articles contained the stipulations upon which

there was the most difficulty in agreeing. In the course of their

discussion the negotiation was frequently on the point of being broken

off. Floridablanca would not consent to a convention that failed to

secure to Spain her exclusive intercourse with her establishments.

Neither would he consent to fix any precise line as the boundary of

the Spanish possessions, either on the north or the south. He pleaded

insufficient information. Fitzherbert wrote to the British Cabinet

that the language of the Spanish minister on both of these points was

so firm and decisive as to make it evident beyond a doubt that the

alternative of peace or war rested on finding or not finding a solution

of these difficulties. Neither of the two drafts of the English

ultimatum afforded a solution. The one provided that the subjects of

the two Crowns should have free access to all unoccupied places and

to all establishments formed since April, 1789, or to be formed north

of a fixed line on the Northwest Coast and south of a fixed line on

the South American coast. The other, omitting any reference to fixed

limits, provided that this privilege should extend to the whole Pacific

coast of North and South America.

In order to solve this difficulty the English ambassador admitted the

restriction at the end of the third article, mentioned above. For the

same purpose he consented to insert in the fifth article the clause,

“situated to the north of the parts of the said coast already occupied

by Spain.” This preserved the Spanish exclusive dominion as far

northward as her most northern establishment. The provision in article

6 was materially changed. The draft of the ultimatum had provided that

the subjects of neither nation should make any establishment south

of a definite line to be fixed so long as no settlement should be

formed thereon by the subjects of any other power. Instead of fixing

a definite line the negotiators agreed to insert the clause, “in such

part of those coasts as are situated to the south of those parts of the

same coasts and of the islands adjacent already occupied by Spain.”

They added the provision that in such places the respective subjects

should have the right of landing and constructing temporary buildings

for purposes connected with their fisheries. The clause, “so long as

no establishments shall be formed thereon by the subjects of any other

power,” was omitted from the article. This had been objected to on the

ground that it would be virtually a public invitation to all nations

to make settlements there and so join England in despoiling Spain of

her dominions. In order to remove the Spanish objection to publicity

and still assure England that she would not be compelled to keep her

hands off while other nations should do the thing that she had bound

herself not to do, the stipulation was embodied in a secret article.

This secret clause provided that the stipulation in the sixth article

forbidding the subjects of Spain and England to make establishments

in such places should remain in force only so long as no settlements

should be formed there by the subjects of any other power.[424]

These changes having been agreed to, Fitzherbert presented to

Floridablanca on October 23 a new projet embodying them. He said

that he had conformed to the ideas of Floridablanca as far as his

instructions would permit. In order to discuss the new draft before it

should be laid before the King, the British ambassador proposed to call

on the Count in the evening of the same day.[425] When their conference

closed, the Spanish minister said that he was still in doubt whether

the reply which he should give the next morning would be for peace or

war.[426] On the morning of October 24 Floridablanca said that the King

had agreed to Fitzherbert’s terms and had promised that the convention

should be signed with the usual formalities three or four days

later.[427] The British ambassador pressed for an immediate signature,

but the minister said that he could not consent to it. The Count was at

the time with the King at San Ildefonso, whither His Majesty had gone

on a hunting trip. Fitzherbert had gone to the same place to continue

his conferences with the Count. The latter said that if the convention

should be signed while there his enemies would charge him with having

taken advantage of the fact that he was almost alone with the King to

induce His Majesty to agree to a measure contrary to the interests

of his Crown. He said also that he wished, before signing, to send a

memorial to the junta to justify himself for signing the convention

contrary to their opinion. He pledged His Catholic Majesty’s word

that the convention should be signed “verbatim et literatim.”[428] The

exchange of full powers took place on October 26, and the wording of

the titles of the two negotiators to be inserted in the preamble was

arranged on October 27.[429] According to the agreement made four days

earlier, the following convention was signed on October 28:

_The Nootka Sound convention._

Their Britannic and Catholic Majesties being desirous of

terminating, by a speedy and solid agreement, the differences

which have lately arisen between the two Crowns, have considered

that the best way of attaining this salutary object would be that

of an amicable arrangement which, setting aside all retrospective

discussions of the rights and pretensions of the two parties,

should regulate their respective positions for the future on bases

which would be conformable to their true interests as well as to

the mutual desires with which Their said Majesties are animated,

of establishing with each other, in everything and in all places,

the most perfect friendship, harmony, and good correspondence.

With this in view they have named and constituted for their

plenipotentiaries, to wit, on the part of His Britannic Majesty,

Alleyne Fitzherbert, of the privy council of His said Majesty in

Great Britain and Ireland, and his ambassador extraordinary and

minister plenipotentiary to His Catholic Majesty; and on the part

of His Catholic Majesty, Don Joseph Moñino, Count of Floridablanca,

Knight Grand Cross of the Royal Spanish Order of Charles III,

counselor of state to His said Majesty, and his principal secretary

of state and of the cabinet, who, after having communicated to each

other their full powers, have agreed on the following articles:

ARTICLE I.

It is agreed that the buildings and tracts of land situated on the

Northwest Coast of the continent of North America, or on islands

adjacent to that continent, of which the subjects of His Britannic

Majesty were dispossessed about the month of April, 1789, by a

Spanish officer, shall be restored to the said British subjects.

ARTICLE II.

Further, a just reparation shall be made, according to the nature of

the case, for every act of violence or hostility which may have been

committed since the said month of April, 1789, by the subjects of

either of the contending parties against the subjects of the other;

and in case any of the respective subjects shall, since the same

period, have been forcibly dispossessed of their lands, buildings,

vessels, merchandise, or any other objects of property on the said

continent or on the seas or islands adjacent, they shall be replaced

in possession of them or a just compensation shall be made to them

for the losses which they have sustained.

ARTICLE III.

And in order to strengthen the bonds of friendship and to preserve

in the future a perfect harmony and good understanding between the

two contracting parties, it is agreed that their respective subjects

shall not be disturbed or molested either in navigating or carrying

on their fisheries in the Pacific Ocean or in the South Seas, or in

landing on the coasts of those seas in places not already occupied,

for the purpose of carrying on their commerce with the natives of

the country or of making establishments there; the whole subject,

nevertheless, to the restrictions and provisions which shall be

specified in the three following articles.

ARTICLE IV.

His Britannic Majesty engages to employ the most effective measures

to prevent the navigation and fishery of his subjects in the Pacific

Ocean or in the South Seas from being made a pretext for illicit

trade with the Spanish settlements; and with this in view it is

moreover expressly stipulated that British subjects shall not

navigate nor carry on their fishery in the said seas within the

distance of 10 maritime leagues from any part of the coast already

occupied by Spain.

ARTICLE V.

It is agreed that as well in the places which are to be restored

to British subjects by virtue of the first article as in all other

parts of the Northwest Coast of North America or of the islands

adjacent, situated to the north of the parts of the said coast

already occupied by Spain, wherever the subjects of either of the

two powers shall have made settlements since the month of April,

1789, or shall hereafter make any, the subjects of the other

shall have free access and shall carry on their commerce without

disturbance or molestation.

ARTICLE VI.

It is further agreed with respect to the eastern and western coasts

of South America and the islands adjacent, that the respective

subjects shall not form in the future any establishment on the

parts of the coast situated to the south of the parts of the same

coast and of the islands adjacent already occupied by Spain; it

being understood that the said respective subjects shall retain the

liberty of landing on the coasts and island so situated for objects

connected with their fishery and of erecting thereon huts and other

temporary structures serving only those objects.

ARTICLE VII.

In all cases of complaint or infraction of the articles of the

present convention the officers of either party without previously

permitting themselves to commit any act of violence or assault

shall be bound to make an exact report of the affair and of its

circumstances to their respective Courts, who will terminate the

differences in an amicable manner.

ARTICLE VIII.

The present convention shall be ratified and confirmed within the

space of six weeks, to be counted from the day of its signature, or

sooner if possible.

In witness whereof we, the undersigned plenipotentiaries of their

Britannic and Catholic Majesties, have, in their names and by virtue

of our full powers, signed the present convention, and have affixed

thereto the seals of our arms.

Done at the palace of San Lorenzo the 28th of October, 1790.[430]

ALLEYNE FITZHERBERT.

THE COUNT OF FLORIDABLANCA.

SECRET ARTICLE.

Since by article 6 of the present convention it has been stipulated,

respecting the eastern and western coasts of South America, that the

respective subjects shall not in the future form any establishment

on the parts of these coasts situated to the south of the parts

of the said coasts actually occupied by Spain, it is agreed and

declared by the present article that this stipulation shall remain

in force only so long as no establishment shall have been formed

by the subjects of any other power on the coasts in question. This

secret article shall have the same force as if it were inserted in

the convention.

In witness whereof, etc.[431]

Ratifications were exchanged by Floridablanca and Fitzherbert on

November 22.

* * * * *

The fact that the convention was signed in opposition to the advice

of the special junta occasioned lively comment for several weeks in

Spanish official circles. It will be recalled from the last chapter

that the sittings of the junta were on October 21, 22, 24, and 25,

and that on the last date the junta hurried its conclusions off to

Floridablanca, advising war rather than compliance with the English

demands. From a statement in an earlier part of the present chapter,

it will be remembered that the convention was virtually concluded

between Floridablanca and Fitzherbert at their interview of October

23; and that on the next day the King pledged his word to sign the

convention as it then was.

On October 27 a letter from Floridablanca informed Iriarte, the

secretary of the junta, that the conclusions of the junta had been

received on the 25th, had been laid before the King on the 26th,

and were being considered by the Council of State. He cautioned the

members of the junta to keep the proceedings of that body absolutely

secret.[432] The Count evidently hoped to keep concealed the fact that

the convention had already been agreed upon. He did not succeed long in

doing this. On October 28 Iriarte replied to the Count’s letter of the

day before, discussing at length the latter’s injunction to secrecy.

Notes in Iriarte’s hand on slips of paper inserted later in these two

letters show that he had learned of the fact of the convention’s having

been agreed upon before the conclusions of the junta had been received,

though it had not been signed until afterwards. In proof of the fact he

referred to a circular letter which the British ambassador had written

on October 26, telling all of the English consuls in Spain that the

dispute had been settled and that the convention would be formally

signed in a few days. Another brief note similarly inserted censured

the administration very severely for accepting the English terms. It

said:

This convention of October 28, 1790, is the first treaty that

has been made during the reign of Charles IV, and in it has been

conceded to England what has always been resisted and refused to all

powers since the discovery of the Indies; and the concession means

much to us.[433]

On November 21 Floridablanca expressed the King’s thanks to all of the

ministers that took part in the junta for their promptness and zeal.

His Majesty assured them that he would not have hesitated a moment to

carry out their recommendations if motives absolutely secret to himself

had not compelled him to order the convention signed. The Count

inclosed some reflections on the convention which His Majesty offered

in addition to the secret motives.[434]

These reflections declared that the purpose of the Convention was to

avoid a war in the present unhappy circumstances, reserving it for a

more favorable time, if it should become necessary. It did not involve

an absolute renunciation in case Spain chose not to observe it. It

was shown that by a strict interpretation of some of its terms the

Convention could be made of little value to England and little loss to

Spain. In the stipulations that granted to English subjects privileges

of commerce and settlement north or south of places already occupied,

attention was called to the expression “already occupied.” The word

“occupied” did not mean nearly so much as “inhabited” or “peopled”

would have meant, and “already” did not mean “actually” or “now.” If

a place had been once occupied and then abandoned this expression

could be made to apply to it. The implication was that formal acts

of taking possession where there had been no thought of making an

actual settlement could be made to come under this head. Such acts had

been performed practically all along the coast. Such a construction

would have almost nullified the privileges granted to England. The

reflections said further that the English were not allowed to approach

Spanish settlements and Spain had equal rights with England anywhere on

the coast. It was thought that Russia’s fear of English encroachments

would be a safeguard against England. English trade and settlements

were limited to the part of the coast north of Nootka. It was insisted

that the treaty simply recognized existing conditions; that it conceded

nothing except what had been allowed, and on the other hand obtained

concessions by limiting the privileges. It was proposed to observe the

Convention only so long as it should be to the advantage of Spain to do

so. Whenever she felt strong enough to assert her ancient rights she

could still do it.[435] The purpose of these arguments was doubtless to

quiet adverse criticism of the Convention. It was partially successful

at the time. A few days later, after the letter of Floridablanca

and the reflections had been considered, all of the ministers of the

junta sent to the King their thanks for his confidence.[436] But this

success did not last long. Criticism of the Convention continued and

finally led to the overthrow of Floridablanca. In May, 1791, the

British ambassador wrote that the Spanish prime minister was very

anxious to have England take effectual measures for preventing British

vessels from touching at Spanish ports, that his enemies might not

find new reasons for attacking him.[437] Finally, in the latter part

of February, 1792, Floridablanca was dismissed from office. The Nootka

business was said to have been the principal cause of his fall.[438]

News of the agreement to sign the convention reached London November

4. On that day Leeds wrote to Auckland that a messenger had just

arrived with a dispatch from Fitzherbert, dated October 24, saying

that the convention had been agreed upon and would be signed four days

later. A copy inclosed with this letter exactly corresponds to the

convention as signed.[439] An unofficial letter, written on the same

day by a clerk in the foreign office and accompanying this official

note, declared that the convention would speak for itself; that it

contained everything that England had demanded. The writer said that

the Spanish ministry had been decidedly for war rather than make the

sacrifice, but that Floridablanca had obtained the King’s consent while

on a hunting trip, and pledged his master’s word that the convention

would be signed on their return, that it might have the sanction of

his colleagues “pro forma.”[440] The signed convention reached London

five days later. Leeds immediately sent a copy of it to Auckland,

that the latter might lay it before the Dutch Government. The Duke

congratulated the ambassador on the happy termination of such a very

important negotiation.[441] On the day of its arrival, November 9, the

British Court ratified the convention, and hurried a messenger off to

Fitzherbert.[442] As stated above, the ratifications were exchanged at

Madrid on November 22.

On November 12 Burges, under secretary for the foreign office, wrote to

Auckland:

That you and our Dutch friends are satisfied with the conclusion of

the Spanish business, I am not surprised. Even the opposition here,

always ready enough to pick holes, as you know, whenever they can,

seem to be dumfounded, and to have nothing to say against us except

that we have asked and carried so much that it is impossible such a

peace can last long.

Speaking of the credit given to Fitzherbert for his success in the

negotiation and of the honor conferred upon him by his being raised to

the peerage, the same letter continued:

Fitzherbert of course gains much glory, as all good ministers should

who follow up their instructions, and I understand that he is

forthwith to receive the high reward of an Irish peerage.[443]

These references are sufficient to show that the English ministry

was highly pleased with the success of the negotiation. On November

24 the mayor, the aldermen, and the commons of the city of London,

in common council assembled, assured the King of their gratitude for

the continuance of peace with Spain, and congratulated him on the

reconciliation.[444] On November 26 Parliament assembled. The King’s

speech mentioned the successful termination of the negotiation and laid

before the Houses copies of the declaration and counter declaration

and the convention.[445] On the same day the House of Lords accorded

enthusiastic thanks and congratulations.[446] Four days later the

Commons, after an extended debate and some criticisms from the

opposition, approved the address, and assured the King that provision

would be made for the expenses of the armament.[447] A general

discussion of the merits of the convention was made the order of the

day for December 13 in the House of Lords. The debate was extended, and

the criticism of the ministry by the opposition was very severe. The

friends of the Government seemed confident of the results and did not

exert themselves greatly to refute the arguments. The convention was

approved.[448] On the same day the Commons debated a motion calling for

all of the correspondence on the dispute. There were the same violent

attacks by the opposition and the same apparent indifference on the

part of the friends of the administration. The motion was defeated by

an overwhelming majority. On the next day, December 14, the merits of

the convention were discussed. The opposing sides manifested much the

same spirit, and in the end the convention was approved by a large

majority.[449]

The logical results of the convention were interfered with by England’s

taking part in the war against France within a little more than

two years after its signature. This absorbed her attention almost

continuously for twenty-two years and prevented her, to a great extent,

from taking advantage of the concessions gained. Before the end of

that period the United States had entered the contest for controlling

the Northwest Coast, and in a few years more purchased the Spanish

claim. Thereby the whole matter was merged in the Oregon controversy.

The immediate result for England was that she obtained free access to

an extended coast, of which she has since come into full possession.

For Spain, it was the first external evidence of the weakness of the

reign of Charles IV, and was the beginning of the series of disasters

which Spain successively suffered under that incompetent Monarch and

his corrupt advisers. It was the first express renunciation of Spain’s

ancient claim to exclusive sovereignty over the American shores of

the Pacific Ocean and the South Seas. It marks the beginning of the

collapse of the Spanish colonial system.[450]

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