CHAP. LXVII.

1790.

July 5.

England.

Terms offered by Spain.

10th.

25th.

August 5.
Rejected.

The terms

proposed by

England accepted.

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, 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.

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*.

CHAP.

LXVII.

1790.

Spain has a
America.

dispute with

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.

CHAP. LXVII.

1790.

August.
September.
October.

Of Holland.

July.

October 2.
New aggres-

government had contracted with Spain: that the King should be desired to order his ambassador to negotiate with the ministers of the Catholic King, in order to strengthen, by a national treaty, those ties which were useful to both countries, and to fix, with precision and clearness, such stipulations as might not be entirely conformable to the views of general peace, and to the principles of justice, which should always be the policy of the French; and that, on a consideration of the armaments of the different nations of Europe, and their progressive increase, and of the security of the French colonies and commerce, the King should be desired to order into commission forty-five ships of the line, with a proportionable number of frigates and small vessels.

Discussions and communications followed, in which the French always professed their desire of peace, yet always continued arming, and sent out three frigates to Tobago; while England, professing always the utmost good-will toward France, insisted that her proceedings in the matter in dispute were so consistent with justice and the law of nations, that France could not arm in the cause without a manifest disregard of both. At one period, the French, as if engaged in some private negotiation, or watching the current of events, intermitted the correspondence for nearly a month, and, at last, the silence was feebly and evasively justified.

In this period, the States-general of the United Provinces promptly manifested their disposition to fulfil the conditions of their alliance with this country, by earnestly and liberally advancing their preparations for our assistance. The squadron of six sail of the line and four frigates, which had before been fitted out, sailed for Portsmouth, under the command of Admiral Kingsbergen; and orders were given, and funds provided, for arming six additional ships, if necessary.

Another cause of difference, arising from the unsion of Spain justifiable conduct of a Spanish officer toward the captain of a British West Indiaman, in the gulph of Florida, was speedily and properly adjusted. The ship

Trelawney planters, commanded by Captain Macdonald, was boarded and seized by Don Juan Vincente Yanez, commanding the frigate Nuestra Senora del Rosario, and, without the colour of a pretence, the British captain was put in the bilboes, in a scorching sun, and treated with so much cruelty, that even the Spanish crew compassionated and used their utmost endeavours to alleviate his sufferings. On this subject, immediate satisfaction was afforded; for the Spanish minister stated, that Yanez, on his arrival at Cadiz, had, on his own relation of the affair, in a dispatch to the minister of the marine, been immediately put under an arrest, and ordered to undergo the judg ment of a court martial.

CHAP.

LXVII.

1790.

ceedings of

In this interval, Mr. Fitzherbert, still imagining Cautious prothat he perceived a hostile disposition in the Spanish Mr. Fitzherminister, sent letters to Gibraltar, and to the consuls bert. in the Spanish ports, recommending the continuance

of measures of precaution; yet, in a fortnight, the Differences difficulties attending the final arrangement were sur- arranged. mounted, and a pacific convention was signed and 28th.

ratified.

By this treaty, Spain agreed to restore the disputed Convention. buildings and tract of land, and to make reparation for all subsequent acts of violence*. The right of navigating and fishing in the Pacific ocean, and of landing and making settlements for carrying on commerce, was equally secured to both nations; but, as British subjects were not to make the navigation and fishery a pretext for carrying on an illicit trade with the Spanish settlements, they must not approach within ten sea leagues of any part of the coast occupied by the Spaniards. The subjects of both countries had equal liberty to trade at Nootka, and in all parts of the North-west coast of America and the islands adjacent, situated to the northward of the territories already occupied by Spain. No settlement to be made by either nation on the east or west coasts of South America to the southward of those already effected by

This reparation was afterward fixed at two hundred and ten thousand dollars, beside the restitutions.

CHAP. LXVII.

1790.

Observations.

Spain; both nations might land and erect temporary huts for purposes connected with their fisheries; and, should an infraction of this convention occur, no violence was to be committed, but representations to be made for the purpose of amicable adjustment*.

Thus honourably was terminated a dispute so apparently pregnant with disastrous consequences. The rights of the British crown were firmly vindicated, and the wrongs of British subjects amply redressed. It is not to be maintained, that the trade or territory which formed the object of discussion was, in money, worth the expense it occasioned+; but, if such an argument could be generally applied, the duty of maintaining national rights would be at an end. No external possession, no claim of a commercial nature, is worth the cost of hostile maintenance; but miserable indeed must be the condition of that country which will not arm and combat to extremity, rather than submit to arbitrary restraint, or wanton spoliation. The nation which can basely surrender its outworks, may reasonably tremble for its citadelt.

See "Strictures" on the Spanish Declaration, and Letters on the present Dispute with Spain, under the signature Verus.

Many writers and speakers have expressed their sentiments on this point See particularly Macpherson's Annals of Commerce, vol. iv. p. 200.

It may be mentioned here, that in 1795 this territory was formally taken possession of by Lieutenant Pierce, of the British navy, and received the name of King George's Sound. I have consulted generally the histories and periodical works relating to the period, but have principally followed one before referred to," A Narrative of the Negotiations occasioned by the Dispute between En"gland and Spain in the year 1790." This book is not published by any bookseller, nor does the name of any author or compiler appear; but from the exactness with which official documents are referred to, it seems to have been prepared by order of government for the information of foreign courts.