About the middle of July Fitzherbert received the English reply to the Spanish memorials of June 4 and June 18. Extended instructions were 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, the British ambassador presented to the Spanish minister on July 17 a new memorial defining the British views on the point of satisfaction.
With the memorial he inclosed drafts of a proposed Spanish declaration and a British counter declaration which would be acceptable to His Britannic Majesty as affording the satisfaction demanded. The memorial declared that the Spanish communications did not contain the satisfaction demanded, nor was a plausible ground established for refusing the demands. To justify these demands it was urged that there had been no established possession of nor proved sovereignty over the Nootka region which could have justified the seizure of British vessels. 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 restoration of the vessels was not sufficient. No reparation had been made for the insult to the British flag. “In consequence, His majesty finds it necessary to demand anew in terms most direct and least equivocal the satisfaction already demanded, and which can not longer be deferred without consequences which His Majesty desires ardently to avoid.” As soon as this demand should be met England would be ready to treat with reference to rights of territorial possessions, commerce, navigation, and fisheries in that part of the world.[321]
In his private instructions referred to above, Fitzherbert was told that the giving of satisfaction must amount to an admission that Spain was not in possession of an actual and known sovereignty at Nootka. No discussion could take place on this point, it was declared, after the satisfaction should be given. If Spain could prove her claim to sovereignty, it must be done before the point of satisfaction should be reached. If proved, it would remove the ground on which satisfaction was demanded; but, it was added, no such proof could be adduced. Hence satisfaction was insisted upon.[322] This 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 promulgated, all affecting that part of the world. Its purpose was to show that Spain had always claimed and exercised the rights of sovereignty over those regions and the right of excluding other nations from her possessions in the South Sea.[323] The treaty of Utrecht was repeatedly cited in the various memorials and letters as guaranteeing Spain’s rights in the Indies as they had been in the time of Charles II. The willingness of Spain to submit the matter to arbitration shows that she had confidence in the justice of her cause. England’s refusal to arbitrate indicates a lack of confidence.
On July 22 Floridablanca replied to Fitzherbert’s communication of five days before. He added little to what he had said in documents already studied. He repeated the grounds on which Spain rested her claim—grounds that were absolutely good from the Spanish standpoint. He showed again the unreasonableness and absurdity, from the same standpoint, of the English demands, and their contravention of treaties. He assumed, not without cause, a tone of injured innocence, and concluded that it was not worth while to extend further his reflections 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 honor and justice of all nations to recognize the generosity of His Catholic Majesty’s heart, since to avoid dragging Europe into war he would sacrifice his own well-founded opinion, even though prepared to enforce it by his superior armament.[324] Having led, or rather forced, the Spanish minister to yield this much, Fitzherbert continued to press him until he agreed to the declaration and counter-declaration, almost word for word, as they had been dictated by the British Cabinet. They were signed July 24, and are as follows:[325]
DECLARATION.
His Britannic Majesty having complained of the capture of certain vessels belonging to his subjects in the port of Nootka, situated on the Northwest Coast of America, by an officer in the service of His Catholic Majesty, the undersigned counselor and principal secretary of state to His Majesty, being thereto duly authorized, declares in the name and by the 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 captured at Nootka, and to indemnify the parties interested in those vessels for the losses which they may have sustained, as soon as the amount thereof shall have been ascertained. It being understood that this declaration is not to prejudice the ulterior discussion of any right which His Catholic Majesty claims to form an exclusive establishment at Nootka.
In witness whereof I have signed this declaration and sealed it with the seal of my arms at Madrid the 24th of July, 1790.
Count Floridablanca.
COUNTER DECLARATION.
His Catholic Majesty having declared that he was willing to give satisfaction for the injury done to the King by the capture of certain vessels belonging to his subjects in the Bay of Nootka; and Count Floridablanca having signed, in the name and by the order of His Catholic Majesty, a declaration to this 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 King, being thereto duly and expressly authorized, accepts the said declaration in the name of the King; and declares that His Majesty will consider this declaration, with the performance of the engagements contained therein, as a full and entire satisfaction for the injury of which His Majesty has complained.