Hamilton added in a note:

Beckwith reported to Dorchester that Hamilton had said:

Scott, a member of the House of Representatives from western Pennsylvania, told Beckwith that the prospect for a rupture made most forcible impressions on all classes in the States. There was a deep interest, he said, in the prospect of England’s possessing New Orleans. The possible dismemberment of South America and the opening of commerce with that continent was of interest, as well as the question of navigation, commerce, and fisheries in the Pacific. He thought that the moment was very favorable for England; and he saw no reason why the United States should not assist her.[363] After news of the declaration and counter declaration, signed at Madrid July 24, reached America, Beckwith reported general dissatisfaction in the United States at the prospect of pacification. Agricultural interests had expected that the war would bring them high prices, and the shipping interests were expecting a share in the English carrying trade and hoped for free commerce with the Spanish West Indies. Friends of England thought that she ought to take the opportunity for ruining the Spanish marine, which they imagined to be an easy matter. British possession of New Orleans was expected and desired, except by the Government which hoped to gain from a neutral position when the settlement should come. At the same time he reported another conversation with Hamilton. The Secretary had said:

These reports were doubtless colored by the desire of the Canadian agent to send as favorable news as possible; but after allowing for the exaggerations and the distortion of facts that would naturally be expected, enough remains to show that the prospect of war was common talk and that it was not altogether undesired. They also point to the well-known fact that England had many friends in the United States and some even in the highest official circles.

While Beckwith was holding these unofficial conferences with American statesmen President Washington and his advisers were considering what measures the Government should take in the event of hostilities breaking out. Between the time of Beckwith’s first interview with Hamilton and that of the more formal conference a fortnight later in Jefferson’s presence the latter had written to Monroe concerning the matter. He said that a war between England and Spain was probable. Symptoms indicated a general design on Louisiana and the Floridas. He spoke of the unpleasant position of the United States if England should obtain them. Both England and Spain, he said, ought to know that this country was in a condition for war.[365] Late in August President Washington wrote concerning the matter to his chief advisers. He thought that if Great Britain and Spain should come to arms New Orleans and the Spanish posts on the Mississippi would be the first objective point of the former. He asked what the answer to Lord Dorchester should be in case he should request permission to march troops from Detroit across the territory of the United States against the Spanish posts, or in case it should be attempted without leave, which was most probable.[366]

On the day after that on which the President’s letter was written Jefferson answered it. He thought that the United States should keep out of the war as long as possible. If Lord Dorchester should make the expected demand, it should either be silently ignored, or, if granted, the same privilege ought to be offered to Spain. If the march should be attempted without permission, the United States should allow it, but protest against it, holding off from actual hostilities as long as possible.[367]

On the same day Chief Justice Jay answered the President’s question. He considered, first, what the United States had a right to do from the standpoint of international law, and, secondly, what was expedient under the circumstances. Under the first head he concluded that, except in cases of absolute necessity, or those in which it could be shown that passage would be entirely innocent, the right of dominion involved the right of excluding foreigners. Under the second head he said that the probability of their being restrained by a refusal ought to be considered. If they would probably proceed anyway, it would be most prudent, he concluded, to consent. However, he added, these remarks retain little force when applied to leading troops from posts in the actual possession of England through territory under English jurisdiction, though both the posts and the territory, of right, belong to the United States. He admitted that it would militate against the interests of the United States to have England occupy the Spanish territories in question. The extent to which the principles of the balance of power were applicable to the case in hand would merit serious inquiry, he remarked, if the United States had only to consider what might be right and just. But since the condition of the country strongly recommended peace, and since it would be more prudent to allow Great Britain to conquer and hold the Floridas than to engage in war to prevent it, such inquiries would be premature.[368]

On the second day after the President wrote, Vice-President Adams gave his opinion. He said that the interests of the United States pointed to neutrality as long as practicable. To preserve neutrality every wrong must be avoided. Granting to England the privilege in question would be an offense against Spain. Therefore, if asked, the answer should be a refusal. If the measure should be undertaken without leave there were two methods of procedure—the one was war; the other, negotiation. Nations, he said, are not obliged to declare war for every injury or even hostility; but tacit acquiescence would be misinterpreted. Negotiation, then, was the only alternative. The fact that there had been no exchange of ministers with England made this difficult. A remonstrance might be made in either of two ways. It might be handed by the American representative at Paris, Madrid, or The Hague to the British ambassador at the same place, or a special messenger might be sent to London to demand an audience, make remonstrance, and then take his leave shortly if a minister were not sent to the United States.[369]

Knox, the Secretary of War, sent his advice on the same day as the Vice-President. He mentioned the danger to the United States if England should get the Mississippi Valley. The true interests of the country dictated neutrality. Spain, he said, would not enter the war unless supported by France, and such support was not unexpected. If it should be given, France would attempt to associate the United States with her in the war. One of the parties might offer sufficient inducement to the United States to enter the war, or they might be obliged to enter the war on their own account to avert a greater evil.[370]

More than two weeks later Hamilton sent a long discussion of the question from the standpoint of national right and from the standpoint of expediency. He concluded that if Great Britain should ask the privilege, it would be best for the United States to agree to it and then explain the matter to Spain. If troops should be marched across without consent having been asked, it would be a cause of war and would have to be resented or a great national humiliation borne. Hostilities, he thought, should be delayed as long as possible.[371]

While these precautionary measures were being considered by the Government at New York, instructions were being sent to the American diplomatic agents in Europe to guide them in case of a breach between England and Spain. On August 11 Jefferson wrote instructions for Col. David Humphreys, whom he was sending to Europe as a secret agent of the United States. Humphreys was to go first to London, where he should deliver instructions to Morris, the American informal agent at that place. After delivering these he was to proceed by way of Lisbon to Madrid, where he should deliver instructions to Carmichael, the American chargé at the Spanish Court.[372]

Morris had been watching the progress of the dispute between England and Spain and had been in close touch and sympathy with French representatives.[373] The letter which Humphreys carried instructed Morris to intimate to the British Court in case of war that the United States could not be indifferent to the prospect of England’s acquiring territory in the adjoining Spanish possessions. The American Government would contemplate a change of neighbors with extreme uneasiness. Due balance on their borders was not less desirable to Americans than the balance of power in Europe was to Englishmen. Jefferson wrote: “We wish to be neutral, and we will be so if they will execute the treaty fairly and attempt no conquests adjoining us.” Other dominions of Spain, he declared, left them room for conquests. “If war takes place, we would really wish to be quieted on these two points, offering in return an honorable neutrality. More than this they are not to expect.”

This was to be communicated only in the event of war having actually taken place.[374] Without waiting for America to broach the subject, the Duke of Leeds had sounded Morris on the American attitude toward the extravagant claims of Spain. The latter answered carelessly without giving any real information. He said that Spain was apprehensive of the Americans and would sacrifice for their friendship. He intimated that the navigation of the Mississippi might be offered.[375] A report was current in London that Spain had actually made this concession to the United States.[376]

Jefferson was planning to use French mediation to secure from Spain the opening of the Mississippi. He instructed Short, the American chargé at Paris, to make advances for this purpose through Lafayette if war had begun or whenever it should begin. France, he said, would be drawn into the war only as an ally, hence she might reasonably insist that Spain should do all in her power to keep the United States from the ranks of the enemy.[377]

In his instructions to Carmichael Jefferson suggested that, in case of war, the people of Louisiana and Florida would favor England. He also suggested that it would be best for both countries if Spain would cede the Floridas and New Orleans to the United States in return for a guaranty of the Spanish possessions on the west bank of the Mississippi. These matters were being pressed warmly and firmly, the Secretary said, under the idea that the war between Spain and Great Britain would be begun before Carmichael could receive these instructions, and such an opportunity must not be lost.[378] As stated in the previous chapter, Fitzherbert believed that Spain had made friendly overtures to the United States, but thought also that they would not be cordially received. The Spanish representative at New York presented a letter to President Washington on August 3 which doubtless contained the overtures to which Fitzherbert referred.[379] Very late in the negotiations Short thought that the Spanish ambassador at Paris was about to offer through him a concession of territory to the United States, but the conversation was interrupted before it reached the vital point.[380]

Humphreys delivered Jefferson’s instructions to Carmichael late in the year. Carmichael thought that America might have obtained all of her wishes if the Secretary’s letters had arrived early in the summer. At that time—

The circumstances studied in this chapter show that plans were being formed which, if they had been carried out, would have profoundly altered the subsequent development of the United States. They show also that the attitude of the United States was looked upon as of considerable importance, and influenced to a certain extent the counsels of both of the contending parties. Incidentally it is seen that the controversy afforded an opportunity for expressions of the attitude of the American Government toward encroachment of European nations on American soil. In the above quotations from Jefferson’s letters may be found a very good statement of the principles that later became known as The Monroe Doctrine.

Chapter XI.
THE NATIONAL ASSEMBLY AND THE FAMILY COMPACT—EFFECT ON THE NEGOTIATION.

The decree of the National Assembly, in May, ordering the armament of 14 vessels of the line has been studied in a former chapter. Attention was there called to the fact that this step was taken before Spain had made a formal demand for assistance under the family compact. It was also noted that the formal demand was made in the middle of June, but that the King, fearing the consequences, had delayed laying the matter before the Assembly.[382] On August 2, more than six weeks later, a letter from Montmorin informed the Assembly that Spain had demanded in the most positive manner the execution of treaties in case the negotiation with England did not turn out as desired. The King, hoping, for a speedy settlement, had thought it wise to defer provoking a discussion of the matter in the National Assembly; but in view of the continued preparations of England he could delay no longer. Therefore he had charged the writer to warn the Assembly and thought that it would be prudent to increase the French armament. He laid before the Assembly the letter of the Spanish ambassador of June 16, with copies of the letters and documents accompanying it, recounting the history of the dispute and the negotiations to the time when it was written. The minister asked the Assembly to deliberate on the demand of the Court of Madrid. All of the documents were referred to the diplomatic committee.[383]

On the next day, August 3, another letter from Montmorin notified the Assembly that a courier from Madrid had brought news of the signature of a declaration and counter declaration that gave hope of an amicable settlement. Great applause greeted the announcement. The letter and declarations were referred to the diplomatic committee. Dupont de Nemours then announced that he had some observations to present on the treaty with Spain known as the “family compact;” but to save the valuable time of the Assembly he would bring them to the attention of the Deputies by having them printed. Another Deputy announced that he also would present some remarks on the Spanish demand in the same manner.

Dupont, in his observations on the treaty, first announced the principles on which he proposed to examine it. It had been made, he said, thirty years before, when political philosophy had made scarcely any progress. It was antiquated and inconsistent in some respects, but these defects did not prevent its being just and salutary in principle. Some, he said, wished to break the treaty and abandon our allies, but reason, common sense, and honor point to the contrary—that we should confirm it. He declared that defensive and commercial arrangements ought to be kept, but anything involving offensive warfare ought to be struck out. He thought that it ought to be so modified that instead of a family it would be a national compact. Wherever the word “crown” occurred he would substitute the word “nation,” and instead of “the Kings agree,” etc., he would have it read “the nations (through their Kings).” He examined the treaty article by article and measured each by these standards. Most of the stipulations he would preserve, with slight modifications; a few he would strike out entirely. The stipulation which provided that the mere requisition should be sufficient to establish the obligation of the nation called upon to furnish the aid was wholly untenable, he declared. The need should be first established, and the nation called upon should have the right of judging. Instead of limiting the alliance to the House of Bourbon, he thought that all nations having similar sentiments ought to be admitted.

The other Deputy, who presented the observations on the Spanish demand, declared that Spain had been a faithful ally. She had taken up a failing cause in 1761 and shared in the unhappy sacrifices of two years later. She had aided in the American Revolution and had prepared to assist in the trouble with the Netherlands in 1787. Gratitude would command France to reciprocate; but he wished to appeal to reason and not to sentiment. Spain and France were natural allies because of common interests. The treaty of 1761, no longer a family but a national compact, offered many advantages. Spain was still the most important outlet for French commerce. France had profited more from the alliance than Spain, hence was indebted to her. The financial embarrassment at the time was serious, and a war would be dangerous, but even this ought not to cause France to sacrifice honor. He thought that the armaments ought to be continued and all the forces of France ought to be offered to Spain. If this should be done, England would probably give way. The war, if it should come, ought to have the support of all France and be waged on new and noble principles.[384]

It was more than three weeks before the diplomatic committee was ready to report. The principal member of the committee was Mirabeau. He was spokesman when the report was presented to the Assembly on August 25. He began by saying that the peace was not likely to be disturbed; that the territory in dispute between Spain and England belonged to neither, but to the natives; that it was not worth the loss of blood and treasure; that France, because of internal conditions, ought to avoid war; and that there would soon be universal peace and no need of allies. After giving these pacific assurances, he admitted that France ought to change her political principles, but declared that this ought not to be done suddenly. She could not remain isolated from the world. The suspension of treaties would be perilous. All treaties made by the King ought to be observed by the nation until they were annulled or changed. He recited the history of Spain’s faithful observance of the family compact; then asked whether it would be right for France to annul such a solemn engagement at a time when Spain was threatened by the same danger that she had three times warded off from France. In view of the great English armament, self-interest obliged France to strengthen her alliance with Spain. That would require a faithful observance of the treaty. If England did not really desire war, but was arming simply to conduct the negotiation more favorably, increasing the French armament would doubtless delay the result. But if the abandonment of French engagements should force Spain to make peace with England more promptly, a great wrong would be done to French credit and French commerce. If England desired war, then France ought to support Spain with all her resources. For if England should force Spain to succumb, France would be the next object of her ambition and vengeance. It was not proposed, he said, to ratify the compact as a whole, but only the defensive and commercial stipulations. He proposed to notify the King of Spain that the alliance would be preserved, and at the same time to refer the treaty to a committee for revision, after which it should be renewed.

The King of France was to open negotiations with the King of Spain at once for this purpose. He also proposed that the fleet be raised to 30 ships of the line, with a proportionate number of smaller vessels. After a few short favorable addresses on the report the discussion was postponed to the next day.[385]

When the discussion was resumed on August 26 the report met with very little opposition. There was a futile attempt, led by Pétion, to postpone the decision until further information might be obtained. L’Abbé Maury favored confirming the treaty as it stood, declaring, rightly as events proved, that it would give England a great advantage to leave the alliance so indefinite. Ricard considered 30 vessels too small an armament and proposed increasing it to 45. Others favored his idea and Mirabeau embodied it in his report. With this modification, the decrees proposed were unanimously adopted by the Assembly. The essential points were: First, defensive and commercial arrangements with Spain were to be observed; secondly, negotiations were to be opened with Spain for the purpose of renewing and perpetuating the alliance; thirdly, the armament should be raised to 45 ships of the line, with a proportionate number of smaller vessels.[386]

On August 30 Montmorin informed the Assembly that the King had sanctioned the decrees and would proceed at once to carry them out. The minister for marine, he said, had already received orders for the armament. Only 16 vessels would be fitted out at once, which, added to the 14 already armed, would make 30. Preparations would be made to complete the armament to 45 if that should become necessary.[387] On September 1 Montmorin replied to Fernan Nuñez’s letter of June 16. He told of the action of the Assembly and inclosed a copy of the decrees. The King, he said, was taking steps to carry them out. The reason that only 30 ships instead of 45 would be armed immediately was to avoid the appearance of hostility to England. The French King hoped for a peaceful settlement and reciprocal disarmament.[388]

To one who did not scrutinize the decrees closely the action of the Assembly seemed to be all that Spain could desire. If the support had been tardy, yet it was enthusiastic. It seems that at heart most of the Assembly really desired to support Spain and thought that they were doing all that could be expected; but their irrepressible tendency to theorize blinded them to the practical. Apparently they did not realize that their proposal to modify the treaty at such a critical time nullified it as far as any immediate assistance under it was concerned. It seems possible that if Mirabeau had stood firmly for ratifying the treaty as it was he might still have carried the Assembly with him.[389]

The French Government was anxious regarding the effect that the action of the Assembly might have on England. The French view of England’s conduct was well expressed in a letter from Montmorin to Luzerne, the ambassador from France to the English Court. After remarking that the British Court would probably be astonished at the decrees, he explained that the step was necessary to sustain the honor of France. It had not been taken precipitately, he said, but had been delayed as long as possible, even provoking complaints from Spain. When it was learned that Spain had given satisfaction to England, and still the latter refused to disarm, the French Government was compelled to suppose that the British Cabinet had some ulterior purpose and was not certain that it did not concern France. Either England did not wish to terminate the Nootka affair justly or she had other objects, for which this was to furnish a stepping-stone. If it was a question of Spain, France was interested in saving her ally; if the French themselves were concerned, argument was unnecessary. Luzerne was to use these arguments with Leeds and Pitt. He was also to use confidentially the fact that the Assembly had decreed a larger armament than the Government had asked. This, Montmorin remarked, ought to make an impression. Luzerne might again suggest French intervention, but with much circumspection, since it had been refused before.[390] On the day after writing the above private instructions for the ambassador, Montmorin asked him to assure the English King that the armaments were purely precautionary and had no object except those designated by the Assembly. The French King hoped for a peaceable settlement. He had been pleased with the declaration and counter-declaration, but would have been more pleased if a proportionate disarmament had followed, or at least an agreement not to increase the armaments.[391]

Gower, the British ambassador at Paris, had promptly expressed to Montmorin his surprise at the action of the Assembly. He reported on August 27 to his Government that Montmorin was surprised also, and had told him that orders would be given to commission more ships, “but that it would be done (this he said in the utmost confidence) avec le plus grande lenteur.”[392] A dispatch of the next day hinted that Spanish money might have influenced the Assembly.[393] On September 1 instructions were sent from London telling Gower to renew the English assurances of friendliness for France, but to observe that it would be impossible for the harmony to continue if France should support Spain. He was to represent that any aid or encouragement to Spain would be a cause of umbrage to England, since it would make a just settlement more difficult.[394] On September 4 Gower presented a memorial demanding an explanation of the armament.[395] Montmorin’s letter to Luzerne of August 28, referred to above, was presented to the English Court on September 7.[396] On September 10, in reply to Gower’s of the 4th, Montmorin referred the English Court to a letter written September 9 to Luzerne, which the latter would present. For some reason Luzerne delayed handing this to the British Court, and on September 21 Gower was instructed to demand a formal reply to his memorial. When this demand reached Paris, Montmorin was out of the city. Having returned, he answered, October 4, that he did not understand Luzerne’s delay. He declared that France had no wish to influence the negotiations, but in case the matter could not be amicably settled she might be compelled to support Spain. Before this reached London Gower had been instructed to demand that the French fleet make no move to join the Spanish. On October 14 Montmorin agreed that no movement should be made until England should have received a reply from Spain to the ultimatum which the British Court had sent a few days before.[397] Hugh Elliot was sent secretly as a special English agent to argue with the French Court against supporting Spain. He met members of the diplomatic committee and thought, at least, that he had converted them to the English view. W. A. Miles coöperated with Elliot in this undertaking. Only obscure and mysterious references to their mission are extant, and many curious speculations have been made concerning it.[398]

Before news reached Madrid of the action of the National Assembly negotiations had begun for a final settlement of the Nootka question.

The declaration and counter declaration signed late in July had been accepted by England as affording the satisfaction demanded. This had opened the way for a pacific discussion of the respective rights to Nootka and the neighboring coast.[399] On September 8 Fitzherbert presented to Floridablanca the first projet of a treaty. It had been formulated in London three weeks earlier and had been sent with instructions to the British ambassador. These instructions declared it to be the purpose of the British Government to avoid requiring Spain to make any mortifying renunciation of rights, but at the same time the stipulations were to be so worded that they would not imply an admission of the Spanish claims by the British Government. It was impossible for His Majesty to recognize them, either directly or indirectly. They were merely a matter of pride with Spain, it was said, and were really a source of weakness rather than of strength.[400]

When Fitzherbert submitted the projet he inclosed with it extended observations on each article. The preamble, as it had been worded by the British ambassador, declared a desire to form a convention which would settle the present differences and avoid such disputes for the future. On this he observed that the Court of London thought that would be the best means of settlement which, without formally pronouncing on the opposing pretensions, should regulate the respective positions of the two Crowns for the future. If British subjects could be assured of the free exercise of their rights in the Pacific, the English King would not be reluctant to establish all possible rules to prevent illicit commerce with Spanish possessions. The Court of London was persuaded that a Cabinet so wise as that of Spain could not seriously have advanced such vast pretensions.

The first article declared that British subjects should be replaced in possession of the ships and lands of which they had been deprived at Nootka by a Spanish officer toward the month of April, 1789.[401] The observations on this gave the English arguments against the claim of Spain to exclusive dominion over the coasts in question. The English Court could not admit the justice of an exclusive sovereignty over so vast a coast, which since its discovery had without interruption been frequented by British subjects and by those of other nations as well. Spain claimed only as far as the sixty-first degree, conceding to Russia the portion beyond. Fitzherbert insisted, with a good deal of sagacity, that the very principle of this division demonstrated the inadmissibility of the Spanish pretension. If Russia had acquired rights to the coast beyond the sixty-first degree in virtue of the establishments which her subjects had formed there, how, he asked, could other nations be denied the opportunity of making establishments in like manner on the parts of the coast situated below this degree and not already occupied? As to the Spanish claim to priority of discovery, he implied that it could be disproved, though he did not disprove it. However, he insisted that discovery alone, without being followed up by actual occupation, could not be admitted as furnishing a right to possession which could operate to the exclusion of other nations. England did not claim exclusive jurisdiction, he said. What she wished was a reciprocal assurance of free access for both nations to the new establishments formed or to be formed by the one or the other.

The second article, in keeping with the statement just made, declared that between certain limits, to be named later, the subjects of both Crowns should exercise their commerce without hindrance in the establishments of either.

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.

This shows the influence that the action of the French Assembly had on the relations of the three countries. In view of it, Spain despaired of getting any assistance from France, and, further, it promised to be the occasion for a rearrangement of alliances, Spain breaking the traditional union with France and arranging an intimate alliance with England.[408]

Chapter XII.
ENGLISH ULTIMATUM—SPANISH DEFIANCE.

In the middle of October the “Gazette de Leide” printed a letter from Madrid, dated September 24, saying: