The third article declared that England would employ efficient means to prevent such access being made a pretext for illicit commerce with Spanish colonies. With this in view it was stipulated that between certain limits, to be named later, British subjects should make no establishments, and that they should not approach within a certain distance of the coast between these limits. Fitzherbert observed that the purpose of this was to assure to Spain the rights of domain over all places in actual possession of her subjects. It was desired to make this as favorable to the Spanish pretensions as possible. He proposed as the northern limit of Spanish exclusive dominion the thirty-first degree. This would have left to Spain not quite all of Lower California. He suggested that the boundary should run east on this degree to the Colorado River, follow that river to its source, and then run northeast to the nearest point on the Missouri. Spain should have exclusive dominion of the coast from the above-mentioned parallel southward to within about 10° of Cape Horn. In his private instructions Fitzherbert was authorized to yield a little if necessary. He might accept as the northern limit the fortieth parallel from the Pacific to the Missouri. He thought that the distance within which British ships should not approach ought to be 5 leagues. On this point his private instructions allowed him to yield to 8 or even 10 leagues.
The fourth article provided that everywhere else in the Pacific the subjects of both Crowns should enjoy freedom of navigation and fishery, with the privilege of landing on the coasts to trade with the natives or form establishments in unoccupied places. It was thought, he said, that this would be the best way to prevent injurious competition in making settlements. This principle was to be applied to the Nootka settlement also, when that should have been returned to Great Britain. On this, he said, no further observations were necessary. It was a natural consequence of the foregoing stipulations. This would have meant, had it been conceded, that England and Spain would have had equal rights to all of the coast north of Lower California. The fifth article referred to making establishments in South America, and was not considered essential by the British Cabinet. The sixth referred to the exchange of ratifications.[402]
Soon after the presentation of this projet the action of the French Assembly became known at Madrid, and its influence must next be considered.
A letter from Madrid of September 10 to the “Gazette de Leide” told that a courier had just arrived from Paris with the news that a decree had been rendered by the National Assembly for a provisional maintenance of the family compact and for increasing the armament. This had greatly decreased the inquietude over the English demands. A rumor had arisen that these demands would overthrow many of the long-established principles of Spain, for they were based on English pretensions to a right of free navigation and commerce in the South Sea and on the western coast of America. The expectation of such powerful aid had produced an agreeable sensation.[403] This was the effect on the popular mind.
Its influence on Floridablanca was very different. In submitting to a council of the principal ministers of state the English projet of a treaty studied above, he said that it was advisable to consider first the relations of Spain with the principal courts of Europe. He began with France. In referring to the portion of the decree that limited the treaty to “defensive and commercial arrangements,” he remarked that this expression was capable of many interpretations and equivocations. He noticed further that even the declaration for this partial maintenance of the treaty was made subordinate to the expression “taking all proper precautions to preserve the peace.” If, he declared, the deciding on what were proper precautions be left to the Assembly, composed of so many members and with such extraordinary ideas, there was no hope that their decision would accord with Spain’s ideas of preserving the peace. That body might not consider the Nootka dispute a casus foederis. It might decide that Spain was to blame, or that she had motives of aggression, or that she had not admitted all of the means of conciliation proposed by England. The desire of the Assembly to negotiate a new treaty on national lines was ominous, he said. They, of course, wished to modify or explain the old. This new system of the sovereignty of the nation might present difficulties. The body asserting it, the National Assembly, was itself a usurper. Referring to the provision for arming 45 ships of the line, he called attention to the fact that the reason assigned was not that of supporting Spain. The decree declared that the armament was in consideration of the armaments of various nations of Europe, and was for the security of French commerce and French colonial possessions. Finally, he declared, even if the Assembly really wished to aid Spain it was doubtful whether it could do so, on account of the lack of funds and on account of the disorders of the country. If aid should be sent, the insubordination of the French sailors would be in danger of contaminating the Spanish and would impede their own usefulness. He concluded that there was very little hope of aid. Only in case that England attacked France would there be any reasonable hope of assistance.
After discussing the unhappy relations with France, the minister took up each of the other nations in turn. Prussia and the Netherlands were allies of England, so must be counted as enemies. Of the small States, the Courts of Lisbon, Naples, and Turin could be counted on as friendly neutrals. All that could be hoped for from Turkey, Tripoli, and Algiers was that they would not injure Spain; but not so with Tunis and Morocco, which were actually threatening and were probably being reckoned on by England. The Court of Vienna was not open to new enterprises of war or new alliances. Sweden would not be a safe ally, and besides would demand a subsidy. Denmark also would have to be subsidized, and then would join only in case that Russia entered also. The latter was already engaged in war with Sweden[404] and Turkey, and was being menaced by England and Prussia. In the absence of money and support she would have to yield. If Spain had a full treasury to open to Russia and would enter a war against England, engaging her Baltic fleet, there was no doubt that Catherine II would form an alliance. But Spain had not the treasury and was not in a position to undertake a war for the benefit of Russia. If, however, Spain could not honorably avoid war and should be attacked, some arrangement with Russia for reciprocal aid would be useful. Steps had been taken with that in view, but nothing definite had been done. The United States would be useful allies, since they could harass English commerce and threaten Canada. They had been sounded and seemed not unfavorable. But they would desire the navigation of the Mississippi, which would open to them a door for contraband trade with Mexico. And besides this they might in the end be enabled to insist on the boundary of Florida which they had unjustly arranged with England, usurping a large part from Spain.
After considering the foreign relations of Spain, Floridablanca reminded the ministers that they ought also to reflect on internal affairs—the army, the navy, the treasury, and economic conditions. The army was weak, he said, but could soon be increased as much as would be necessary in a maritime war. The navy was well equipped at the time, but provision would have to be made for reënforcements and supplies. All of this would occasion much expense, and the treasury was scarcely sufficient for peace. It would be necessary to have recourse to credit. Bad harvests and weak administration of justice, he said, had increased the cost of provisions. New taxes could not be imposed without causing resistance, especially in view of the evil example of France.
These reflections on the conditions of Spain at home and abroad, the Count said, would have to be kept in mind in considering the plan for a convention which England had proposed. On the other hand, they must not lose sight of the loss that would be caused to the rights of Spain in the two Americas. They must remember the danger to Spanish commerce and navigation and to the quietude of the colonial establishments. They must also consider the evil example that would be given to other nations by a concession to Great Britain, as well as “the incentive to England to increase her pretensions and exact other condescensions if we enter easily into the first.”[405] From these reflections it is evident that Floridablanca had decided to yield to England, but with at least a show of resistance.
Such a communication from the prime minister to the Council of State would lead one to infer that the Spanish Court was about to desert the French alliance, and was willing to sacrifice something for the friendship of England. But if this is only an inference the communications with the English ambassador at about the same time leave no doubt of the fact. At a conference on September 13 Floridablanca declared to Fitzherbert that His Catholic Majesty regarded the National Assembly with the utmost horror. He was extremely averse to adopting the kind of treaty proposed by that body. He feared for the influence on his own authority that a recognition of the French Assembly would have. If, however, England should press too hardly in the present conjuncture, the Count declared, Spain would be compelled to accept the alliance of France on any condition. But if an accommodation could be speedily arranged, His Catholic Majesty intended to reject the treaty proposed by the French Assembly and to establish an intimate concert and union with England. The Count informed the British ambassador that he had submitted the latter’s projet and observations to the Council of State. That body had decided that it would be necessary to send to America in order to locate definitely the northern and southern limits of the Spanish settlements as proposed. Since this would delay the settlement of the Nootka affair, he suggested the immediate conclusion of a preliminary agreement, which would secure to Great Britain by general, but sufficient, stipulations, the objects that she had in view. This would put a stop to the armaments, give time to arrange a system of union between Spain and England, and allow His Catholic Majesty to disengage himself entirely from France.[406]
At this conference, on September 13, Floridablanca had said that he would present a plan for the temporary settlement which he had suggested. Fitzherbert had found it best in his dealings with the Spanish Court to be first on the ground. Consequently on the following day he sent to the Count a projet for the proposed temporary agreement. On the same evening Floridablanca presented his plan in the form of a counter-projet. The next day, September 15, they held another conference to consider the plans. The English ambassador labored in vain to induce the Spanish minister to admit some alterations in the latter’s plan, so that it would be acceptable to the British Court. The Count insisted that he had conceded all that his colleagues and the King would allow him to grant. He earnestly requested Fitzherbert to transmit it to the Duke of Leeds in its existing form. He felt confident that the terms would be accepted by the Court of London. As a means of shortening by some weeks the continuance of the present expensive armaments, he would send instructions authorizing Campo, the Spanish ambassador at London, to sign it in case His Britannic Majesty should approve it.[407] Since neither of these plans was accepted, it is not necessary to study their terms in detail.