The Nootka Sound Controversy: A dissertation

by William R. Manning

After sending the ultimatum the British Court redoubled its energies in preparing for war. One is almost led to believe, from the vigor displayed, that war was desired and that the ultimatum was prepared with the deliberate intention of forcing a breach. In a letter of October 22 Leeds asked Auckland, the British ambassador at The Hague, to communicate to the Government of the Republic the probability of a rupture. He expected in a few days to send copies of all the correspondence relating to the discussion that Auckland might lay them before the Dutch Government. Although it might happen, he said, that England would be obliged to commence the hostilities, yet he had no doubt that every circumstance would convince mankind that “Great Britain was not the aggressor in the war which may, in a few days, disturb the general tranquillity.” After speaking of the cordiality of the Dutch Government, he continued:

It will also, I trust, be understood in Holland how material it is to enable us to act with vigor in the outset. I therefore hope that there will be no difficulty in furnishing some naval succors before the expiration of the two months stipulated. It would be to be wished, if possible, that a detachment be sent immediately on the news of hostilities, and that it should amount to 8 ships of the line and 8 frigates. If, however, so much can not be obtained, even a less number will be a material object.[413]

A notion of the popular view of the impending war may be gleaned from a letter written by Storer to Auckland on the same day that the secretary for foreign affairs wrote the one just studied. Storer said that all of the officers were in high spirits at the prospect of a voyage to Mexico. He thought that the Nootka affair was merely a pretext for a war that had been previously determined upon. He said:

Pitt is tired of peace. He bullied France so effectually three years ago[414] that he is determined to try the same thing with Spain.

He thought that the negotiators themselves did not know what would happen.[415] If the British ministers were not actually trying to force a war, it is, at least, evident that they were willing to accept it should it come; and that they were not willing to make any considerable concessions to preserve peace.

The ultimatum, with instructions for his private guidance, reached Fitzherbert October 12. He was told that Floridablanca’s proposal for a temporary agreement was not admissible since it would leave the matter open to a subsequent discussion. It was important that it should be settled at once. If Floridablanca’s proposal had not been accompanied by assurances that indicated a sincere desire for accommodation with England, it would have been doubtful, he was told, whether anything could have been hoped from a further continuance of the negotiation. The prospect for a speedy settlement and the chance for dissolving the family compact compensated largely for the inconvenience of further delay, but that delay could be only for a few days. The Count’s committing himself on points of so much delicacy indicated that the Spanish Court had determined to go a considerable length. His language respecting France was consistent with his character. The temporary arrangement proposed by him admitted the British claims in general terms, but the indefiniteness of its terms would leave ground for disputes. Fitzherbert was to remind the Count that he had, in principle, admitted the justice of the British claims. The present articles, he was told, did no more than to secure definitely those rights. Their rejection would be considered as a proof either that Spain was not sincerely desirous of an accommodation or that she was unwilling to grant distinctly the security which the Spanish minister had argued to be in fact contained in the articles which he had suggested. The question as to security of navigation, commerce, and fisheries in that part of the world depended on whether Spain did or did not insist on her exclusive claim to the continent in question and the seas adjacent. This could be decided as well at one time as another. The question of restitution should depend on whether Spain rested her case on her pretended exclusive sovereignty or prior discovery, or whether she could prove that she had actual occupation of Nootka prior to the time when lands were purchased and buildings erected there by British subjects.[416] The only matter that could afford an excuse for delay was the determination of limits. Such an article would seem to be desirable to both sides, but His Britannic Majesty would not object seriously to the omission of such demarkation. The great expense of maintaining the armament ready for service and the just expectations of the public could not admit of further delay in coming to a decision on the question of peace or war. Fitzherbert was to communicate this fact to Floridablanca in the least offensive but the most explicit manner possible. Ten days was considered a sufficient time for the Spanish answer.

On the question of disarming in the event of an amicable settlement, Leeds suggested that mutual confidence would be a stronger security than any formal stipulations. England did not wish to reduce to a peace establishment at once, on account of the French armament and because of the fact that Russia seemed unwilling to adopt a moderate policy toward Turkey. It was incumbent on the allies to prevent the dismemberment of Turkey.[417]

On October 13, the next day after receiving the above instructions and the projets of a convention accompanying them, Fitzherbert had a conference with the Spanish minister, at which the latter’s language led the former to doubt the possibility of an amicable settlement. At an interview on the following day the British minister presented parts of the drafts of the ultimatum. The Count’s reception of these was so unfavorable that Fitzherbert thought best to warn all of the British consuls in Spain of the prospect of an immediate rupture. He wrote to his home Government that it seemed impossible to obtain a convention with a demarcation of limits. That no means of effecting a pacification might be left untried, Fitzherbert delivered to Floridablanca on October 15 a translation of the entire projet without the demarcation of limits. The Count’s reply of the next day was still in terms extremely wide of the English proposals, but it revived Fitzherbert’s hopes of engaging the Spanish minister by degrees to accede to His Britannic Majesty’s demands.[418]

In this reply of October 16 Floridablanca said that there were considerable difficulties in the way of agreeing to the English projet. He submitted some observations justifying some small but substantial changes which he had suggested. He remarked that the British projet, in demanding that the buildings and lands should be restored to the British subjects, assumed that they had once possessed them. He declared that this assumption was untrue; that the British subjects had only been attempting to make an establishment, from which the Spanish commander had prevented them. If they had ever bought land, as pretended, they had failed to take possession of it.