The Nootka Sound Controversy

FIRST DEMA

ion through the Spanish ambassador at London, but had sent its own ambassador, Fitzherbert, to treat directly with the Spanish Court. This step was decided upon during the exciting days immediately following the 1st of May. It was nearly the middle of June before

uspicion, Merry, read to the Count his own secret and confidential instructions. Floridablanca observed that if England was really not attempting to force a quarrel the business might be amicably settled. In the evening, after the interview, Merry sent to the Sp

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ng the vessels was not justice, from the English standpoint, but ignorance on the part of the English commanders and general regard for England on the part of the Spanish officials. Neither could Great Britain admit the Spanish claim to exclusive rights of sovereig

essels, entitled as such to His Majesty's protection), but also an indemnification to the individuals concerned in the said vessels for the losses which they have sustained by their unjust detention and capture, and, above all, an adequate reparation to His Majesty for an injury done by an officer commanding His Catholic Majesty's vessels of war to British subjects tradi

s on the part of England, but a speedy

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ptured vessels. She also rejected absolutely the Spanish claim to exclusive sovereignty by asserting England's unquestionable right to unoccupied por

ent had asked, but in general terms. In keeping with his peaceful professions he proposed a mutual and proportionate disarmament. He asserted that

rances left Madrid May 21[301] and arrived in London June 1. Since the reply contained nothing indicating that Spain would grant the English demands, the armaments were continued.[302] Another[398] messenger from Merry arrived in London ten days later with less pacific news. Floridablanca's language to the foreign ministers at Aranjuez showed that he still thought that England was determined to break with Spain. He looked on the English King's message t

jects had gone beyond these rights they would be punished, and the injured parties would be indemnified. Spain did not mean to carry her claim to all of the South Sea, but only to "the Indian continent, islands, and seas, which by discovery, treaties, or immemorial possession have belonged and do belong to her by the acknowledgment of all nations." The Spanish King denied that Spain's not hav

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his remarks on this communication Merry conceived that there was little or no room left to expect that any change would occur in the sentiments of the Spanish Court. He thought that the Spanish delay had probably been oc

been made a member of the privy council. He left London May 9[307] and went to Paris, where he tarried for some time. His delay at this place was due partly to sickness, partly to his being engaged in making some representations to the French Court in connection with Fitzgerald,[308] and partly to his awaiting written instructions from London

dablanca. Two days later, June 13, he received h

r satisfaction would invalidate the Spanish claims to sovereignty, rendering further discussion useless. Therefore the British demand and the Spanish claim, he maintained, ought to be discussed at the same time. He asked that Fitzherbert's statements should be presented in writing. Consequently, two days later the British ambassador sent a brief memorial presenting the British demand in language which makes it seem plausible. Stripped of

Gibraltar or her West Indian possessions; and it could not be to counteract French revolutionary infection, for everything was quiet in Spain. He believed the real cause to be Floridablanca's suspicion that England had designs on the Spanish colonies. The Spanish minister seemed to count little on French aid, but to expect substantial help from the United States. Some a

shed by Great Britain; or, third, the satisfaction should not prejudice the rights of Spain nor prevent her from exacting equivalent satisfaction from Great Britain if it should be found that she had a right to do so.[316] In spite of the evident fairness of these proposals, they were not accepted. In reporting them to the British Court, Fitzherbert suggested that he considered them inadmissible. The English Cabinet seems to have agreed with him. This makes it appear that England was afraid to submit he

ssassinate him. He was stabbed by a fanatical Frenchman. The wound was not serious. In letters of June 24 and 28 Fitzherbert reported that the Count still refused to see him on the pretense of indisposition, though he was transacting other busi

] At a conference on July 10 the Count presented his plan. The essential points were: First, Spain should retain exclusive possession of the Northwest Coast up to and including Nootka; second, from Nootka to the sixty-first degree the two Crowns should have common rights, except that south of the fifty-sixth degree British influence should not extend beyond a certain distance inland; third, Great Britain should have the right of fishing in the[403] South Sea and of landing and e

given to guide him in his communication to the Spanish Court. These had been sent from London July 5[320]. In obedience to his instructions

essels. For such justification there must have been actual possession and exercise of jurisdiction which had been recognized by other nations. From the representations of the Spanish Court itself, it appeared that the Spaniards had undertaken the occupation only a few days before the seizure of the vessels in question. English subjects had for many years previously frequented the place and had traded with the natives without interruption. Hence it was impossible for Spain to maintain her claim to exclusive jurisdiction. The simple resto

was tantamount to saying that the British Court would not be convinced, no matter what arguments the Spanish Court might produce. Spain was just as confident that she did possess sovereignty over Nootka as England was that Spain did not. The Spanish Court had taken great care to collect evidence on this point. A commission was sent to examine the archives of the Indies at Seville for this purpose. Their report covered some 200 pages of manuscript. It was a compilation of accounts of exploring expeditions, of royal orders and decisions, of acts of the council of the Indies, and of laws promul

flections on points so clear nor in demonstration of the rights of Spain, since enough had been said already. The Spanish King had no intention, he declared, of being dragged into a war over an academic dispute. He agreed to give, first, such satisfaction as one of the Kings of Europe, chosen by England as arbitrator, should think proper; or, secondly, to give whatever satisfaction should be reciprocally agreed upon, it being understood that such satisfaction should not prejudice the rights of Spain to Nootka. He appealed to the

ARAT

he order of His Majesty, that he is willing to give satisfaction to His Britannic Majesty for the injury of which he has complained, fully persuaded that His said Britannic Majesty would act in the same manner toward His Catholic Majesty under similar circumstances; and His Majesty further engages to make full restitution of all the British vessels which were

claration and sealed it with the seal of

Florid

R DECL

effect, and by which His said Majesty likewise engages to make full restitution of the vessels so captured and to indemnify the parties interested in those vessels for the losses which they shall have sustained, the undersigned ambassador extraordinary and plenipotentiary of His Majesty to the Catholic Kin

r the acceptance thereof by the undersigned, in the name of the King, is to preclude or prejudice, in any respect, the rights which His

er declaration and sealed it with the seal

e Fitz

finally signed is the insertion in the Spanish declaration of the clause "fully persuaded that His said Brit

them "a happy earnest of the revival of that perfect harmony and good understanding which it was his constant wish to maintain with the Crown of Great Britain." The ambassador reminded Leeds "that it is extremely unusual for His Catholic Majesty to converse with foreign min

ered at the hands of Spain. They were now ready to begin negotiations on a friendly basis for the settlement of the present difficulty and the arrangement of a modus vivendi for the future. News of the declarations reached London August 5, and Grenville immediately notified the King, congratulating hi

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ntains to escape being pressed into the navy.[331] On July 5 the British ambassador reported that the Spanish fleet at Cadiz had been ordered to sea immediately, but he thought it simply a show of vigor to inspire confidence.[332] Four days later he received a note from Floridablanca explaining the movement. The King of Spain, having learned that the English fleet had put to sea, gave orders to his to move also, but to refrai

careful not to give the smallest encouragement to this idea. His Majesty could not consent to discontinue preparations until he should have secured freedom of commerce, navigation, and fisheries in the districts in question.[340] After the declaration and counter declaration had been signed, Floridablanca proposed limiting the operations of the fleets to prevent the possibility of an encounter.[341] On August 10 Campo, the Spanish ambassador in London, repeated the prop

Hague, to ask that Dutch preparations should not be relaxed. The national honor had been satisfied, but the question of peace or war had not been settled. It was requested that the Dutch fleet be ordered home for supplies and re?nforcements.[345] A

eets could be used to give[410] weight to the representations already made by England for bringing about a pacification in the north and east of Eu

and induce all parties to make peace on the basis of the status quo ante bellum. Prussia, the third member of the triple alliance, was not in harmony with the other two in this matter. On the contrary, she was attempting to increase the confusion in the hope of gaining something in the turmoil. She was attempting to force Galicia from Austria that she might restore it to Poland and receive as compensation Dantzig and Thorn. She was fostering the Belgian revolution so that in the end she might be able to return the Flemish provinces to Austria to compensate that power for the loss of Galicia. She had actually made a treaty with the Porte looking to this end, and had won t

curbing somewhat the warlike passions of Prussia, and at this conference won a further triumph for the peace principle by inducing Leopold of Austria to make peace with Turkey