occasion, the fire of youthful bravery glowed again in the bosom of the illustrious veteran, Lord Heathfield, who solicited and obtained permission to revisit the scene of his well-acquired glory as military commander. His Majesty's dominions in America and the West Indies were equally the objects of precaution; and Lord Dorchester, the governor of Canada, was directed to use his best endeavours to influence the government of the United States in favour of Great Britain. Orders, too minute and exact to be recapitulated in detail, were forwarded to the governors of the Leeward Islands, of Jamaica, the Bahamas, Cape Breton, and Nova Scotia, for their own safety, and for obtaining useful intelligence. Nor was India overlooked amid the general precautions; and for each of the presidencies proper naval and military succours were prepared. СНАР. LXVII. 1790. allies. Communications were made to Holland and Prus- Friendly consia, and the governments of those countries shewed duct of our every disposition to afford succours, in conformity with the late treaty. Holland immediately prepared an armament of five ships of the line and five of sixty guns, the expense of which, for four months, estimated at about eighty thousand pounds, was to be borne by England. Prussia readily promised compliance with all her engagements, intimating, at the same time, that Spain would not venture to rush on hostilities with England, unless assured of the assistance of Russia and Austria, with which powers she was negotiating an alliance, and Denmark would be invited to accede*. Communications were also made to France; but, France. in the unsettled state of that country, they produced only a mixture of ministerial cunning and democratic violence. M. de Montmorin, the French minister, expressed regret at the misunderstanding between England and Spain, and insidiously offered the mediation mediate. Narrative of the Negotiation, &c. p. 105. This probability was not overlooked by a political writer in London, who said, "The first shot that is fired "against Spain, is equally so against France, and possibly against the same "northern confederacy, which, during the last war, was so formidable and fatal "to Great Britain." See "The Errors of the British Ministry in the Negoti"ation with the Court of Spain."-Debrett, 1790, p. 29. Offers to CHAP. LXVII. 1790. Proceedings in the Na bly. May 14. 22, 28. of his sovereign. The British armament, he added, rendered it necessary for France to arm; but this was merely a measure of precaution; and the King hoped that nothing would be proposed to the Spanish monarch which could affect his dignity, his rights, or the essential interests of his crown. This declaration was immediately followed by an order for fitting out fourteen sail of the line. In taking this measure, the French minister hoped to retain and display with effect the King's prerogational Assem- tive of making war and peace; but he was sadly disappointed. The supply required for the armament was granted by the National Assembly without hesitation; but, after a series of stormy debates, a decree was passed, in ten articles, importing that the right of peace and war belongs to the nation; the external safety of the kingdom, and of maintaining its rights and possessions, to the King, who had, also, the right of keeping up foreign political relations, the conducting of negotiations, the choice of agents, the making of warlike preparations proportioned to those of the neighbouring states, the distribution of the military and naval force, and the command and direction of it in war. In case of hostilities, impending or commenced, the King was bound to notify such circumstance, without delay, to the legislative body; to explain the causes and motives; and if they should be of opinion that the hostilities had arisen from a culpable aggression on the part of the ministers, or any other agent of the executive power, the author of it was to be prosecuted for the crime of Leze Nation. And, in conclusion, the Assembly, denouncing every species of conquest, declared that its force should never be employed against the liberty of any people. If the legislative decreed against hostilities, the executive power was to take immediate measures for their termination; if war was declared, the legislature might, at any time, require the executive power to conclude a peace, and fix a period for disbanding the extraordinary army. Injurious as these decrees were to the royal autho 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. Spain. Nor was the Spanish government inactive. The Naval prepafleet, under Lieutenant General Borja, consisting of rations of 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 scas, 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 |