While England and Spain were preparing for war at home and calling on their allies for support, their diplomatic representatives were endeavoring to reach an understanding. As stated above, the British Court had concluded to make no further effort to get satisfaction 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 Fitzherbert reached Madrid. In the meantime the British chargé, Merry, had been instructed to open the renewed negotiation by presenting to the Spanish Court a memorial setting forth at length the English contention. Leeds sent instructions for this on May 4.[291]
Having received this communication from Leeds, Merry obtained an interview with Floridablanca May 16. The Spanish minister was milder than usual, but still suspected that England meant to use the matter as a ground for quarreling. In an endeavor to remove this suspicion, 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 Spanish minister a copy of the memorial.[292] In a brief note accompanying it, he expressed great anxiety to quiet the alarm, and suggested dispatching to London at once a courier with pacific assurances from Floridablanca, if the Count felt like giving such.[293]
The British memorial declared that the last Spanish communication[294] was unsatisfactory even as the transaction had been stated in the former Spanish note.[295] No satisfaction had been offered for the insult to the British flag, and the ground stated for releasing 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 sovereignty, commerce, and navigation. Besides these reasons, additional information had arrived[296] telling of more than one captured vessel. It also appeared that the soil at Nootka had been purchased by a British subject and the British flag hoisted thereon. Merry was—
to represent in the strongest manner to the Court of Spain that His Majesty has every reason to expect from the justice and wisdom of His Catholic Majesty not only the full and entire restitution of all the said vessels, with their property and crews (or of as many of them as shall, on fair examination of what can he alleged on both sides, be found to have been British vessels, 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 trading under the protection of the British flag in those parts of the world where the subjects of His Majesty have an unquestionable right to a free and undisturbed enjoyment of the benefits of commerce, navigation, and fishery, and also to the possession of such establishments as they may form, with the consent of the natives, in places unoccupied by other European nations.
Assurances were given of pacific wishes on the part of England, but a speedy and explicit answer was demanded.[297]
In this memorial England renewed her demand for satisfaction for the insult to her flag, and added a demand that Spain indemnify the owners of the captured vessels. She also rejected absolutely the Spanish claim to exclusive sovereignty by asserting England’s unquestionable right to unoccupied portions of the coast in question. Incidentally it is valuable as a declaration of Great Britain’s position on the question of the rights of colonization.
Two days after receiving this memorial Floridablanca answered Merry’s note which accompanied it. He gave the pacific assurances that the British agent had asked, but in general terms. In keeping with his peaceful professions he proposed a mutual and proportionate disarmament. He asserted that His Catholic Majesty knew of the capture of only one vessel; and it had been trading illicitly, at the time, in a place occupied by the Spanish.[298]
On the following day Merry replied, expressing his satisfaction with the pacific intentions of the Spanish Court. He said that he would gladly dispatch one of the English messengers with the Count’s peaceful assurances.[299] Fearing lest Floridablanca meant this informal note as a reply to the British memorial of May 16, he gave the Spanish minister to understand that he still expected a formal reply.[300] The British messenger bearing the peaceful assurances 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 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 to Parliament as almost equivalent to a declaration of war. England’s advices to all settlements abroad increased his conviction. Her tone toward Spain he thought insufferable. He still desired peace, but feared that Spain would be driven to the necessity of defending herself. Not only had Floridablanca expressed himself thus to the foreign ministers, but he had made an appeal for money, and the bankers of Madrid had agreed to furnish some £4,000,000.[303]