Since by article 6 of the present convention it has been stipulated, respecting the eastern and western coasts of South America, that the respective subjects shall not in the future form any establishment on the parts of these coasts situated to the south of the parts of the said coasts actually occupied by Spain, it is agreed and declared by the present article that this stipulation shall remain in force only so long as no establishment shall have been formed by the subjects of any other power on the coasts in question. This secret article shall have the same force as if it were inserted in the convention.
In witness whereof, etc.[431]
Ratifications were exchanged by Floridablanca and Fitzherbert on November 22.
The fact that the convention was signed in opposition to the advice of the special junta occasioned lively comment for several weeks in Spanish official circles. It will be recalled from the last chapter that the sittings of the junta were on October 21, 22, 24, and 25, and that on the last date the junta hurried its conclusions off to Floridablanca, advising war rather than compliance with the English demands. From a statement in an earlier part of the present chapter, it will be remembered that the convention was virtually concluded between Floridablanca and Fitzherbert at their interview of October 23; and that on the next day the King pledged his word to sign the convention as it then was.
On October 27 a letter from Floridablanca informed Iriarte, the secretary of the junta, that the conclusions of the junta had been received on the 25th, had been laid before the King on the 26th, and were being considered by the Council of State. He cautioned the members of the junta to keep the proceedings of that body absolutely secret.[432] The Count evidently hoped to keep concealed the fact that the convention had already been agreed upon. He did not succeed long in doing this. On October 28 Iriarte replied to the Count’s letter of the day before, discussing at length the latter’s injunction to secrecy. Notes in Iriarte’s hand on slips of paper inserted later in these two letters show that he had learned of the fact of the convention’s having been agreed upon before the conclusions of the junta had been received, though it had not been signed until afterwards. In proof of the fact he referred to a circular letter which the British ambassador had written on October 26, telling all of the English consuls in Spain that the dispute had been settled and that the convention would be formally signed in a few days. Another brief note similarly inserted censured the administration very severely for accepting the English terms. It said:
This convention of October 28, 1790, is the first treaty that has been made during the reign of Charles IV, and in it has been conceded to England what has always been resisted and refused to all powers since the discovery of the Indies; and the concession means much to us.[433]
On November 21 Floridablanca expressed the King’s thanks to all of the ministers that took part in the junta for their promptness and zeal. His Majesty assured them that he would not have hesitated a moment to carry out their recommendations if motives absolutely secret to himself had not compelled him to order the convention signed. The Count inclosed some reflections on the convention which His Majesty offered in addition to the secret motives.[434]
These reflections declared that the purpose of the Convention was to avoid a war in the present unhappy circumstances, reserving it for a more favorable time, if it should become necessary. It did not involve an absolute renunciation in case Spain chose not to observe it. It was shown that by a strict interpretation of some of its terms the Convention could be made of little value to England and little loss to Spain. In the stipulations that granted to English subjects privileges of commerce and settlement north or south of places already occupied, attention was called to the expression “already occupied.” The word “occupied” did not mean nearly so much as “inhabited” or “peopled” would have meant, and “already” did not mean “actually” or “now.” If a place had been once occupied and then abandoned this expression could be made to apply to it. The implication was that formal acts of taking possession where there had been no thought of making an actual settlement could be made to come under this head. Such acts had been performed practically all along the coast. Such a construction would have almost nullified the privileges granted to England. The reflections said further that the English were not allowed to approach Spanish settlements and Spain had equal rights with England anywhere on the coast. It was thought that Russia’s fear of English encroachments would be a safeguard against England. English trade and settlements were limited to the part of the coast north of Nootka. It was insisted that the treaty simply recognized existing conditions; that it conceded nothing except what had been allowed, and on the other hand obtained concessions by limiting the privileges. It was proposed to observe the Convention only so long as it should be to the advantage of Spain to do so. Whenever she felt strong enough to assert her ancient rights she could still do it.[435] The purpose of these arguments was doubtless to quiet adverse criticism of the Convention. It was partially successful at the time. A few days later, after the letter of Floridablanca and the reflections had been considered, all of the ministers of the junta sent to the King their thanks for his confidence.[436] But this success did not last long. Criticism of the Convention continued and finally led to the overthrow of Floridablanca. In May, 1791, the British ambassador wrote that the Spanish prime minister was very anxious to have England take effectual measures for preventing British vessels from touching at Spanish ports, that his enemies might not find new reasons for attacking him.[437] Finally, in the latter part of February, 1792, Floridablanca was dismissed from office. The Nootka business was said to have been the principal cause of his fall.[438]
News of the agreement to sign the convention reached London November 4. On that day Leeds wrote to Auckland that a messenger had just arrived with a dispatch from Fitzherbert, dated October 24, saying that the convention had been agreed upon and would be signed four days later. A copy inclosed with this letter exactly corresponds to the convention as signed.[439] An unofficial letter, written on the same day by a clerk in the foreign office and accompanying this official note, declared that the convention would speak for itself; that it contained everything that England had demanded. The writer said that the Spanish ministry had been decidedly for war rather than make the sacrifice, but that Floridablanca had obtained the King’s consent while on a hunting trip, and pledged his master’s word that the convention would be signed on their return, that it might have the sanction of his colleagues “pro forma.”[440] The signed convention reached London five days later. Leeds immediately sent a copy of it to Auckland, that the latter might lay it before the Dutch Government. The Duke congratulated the ambassador on the happy termination of such a very important negotiation.[441] On the day of its arrival, November 9, the British Court ratified the convention, and hurried a messenger off to Fitzherbert.[442] As stated above, the ratifications were exchanged at Madrid on November 22.