Although the convention was concluded in 1790, yet the Nootka Sound affair was still far from settled. The first article of the convention, agreeing to restore to British subjects the buildings and lands which had been taken from them at Nootka, had to be carried out. The agreement of the Spanish declaration of July 24 to indemnify the parties concerned in the ships captured at Nootka was also still to be fulfilled. It required a long arbitration4 and two new conventions to accomplish these results, and in the meantime an intimate treaty of alliance had been entered into for mutual5 protection against the excesses of the French Revolution. It was more than four years before these matters were finally adjusted. The present chapter will review them briefly6.
The English and Spanish Governments each appointed a commissioner7 to go to Nootka and carry out the agreement of the first article of the convention of October 28, 1790. The commissioners8 did not meet until the summer of 1792. A brief statement should be made concerning the establishment at Nootka between the events of 1789 and the meeting of the commissioners three years later. Martinez’s abandonment of Nootka in the fall of 1789 and his return to Mexico was discussed in a former chapter. The plans of the Viceroy for sending a new expedition under Eliza to reoccupy the post in the spring of 1790 were studied in the same chapter.[451] The Viceroy feared that Nootka would be seized by the English before his expedition could reach the place, or that an English expedition might later attempt to wrest9 the post from the Spanish.[452] His fears were not realized. The port was reoccupied and held without opposition10. During[464] the three following seasons a substantial Spanish settlement was formed, and, using this as a center, exploring expeditions examined the neighboring coast.[453]
The British commissioner for carrying out the convention was Captain Vancouver. He left England in 1791 and was to reach the Northwest Coast in the spring of the following year. His principal business was to explore that coast. Additional instructions concerning the transfer of Nootka were to be sent to him later.[454] These reached him during the summer of 1792 while he was engaged in exploring the coast in the neighborhood of the island that later received his name. He arrived at Nootka late in August. He found there Bodega y Quadra, the Spanish commissioner. It would be of little value to follow in detail the negotiations between them, since their mission accomplished11 nothing. They could not agree, although, personally, a very strong friendship sprang up between them. Vancouver expected that the entire establishment would be transferred to England. Quadra, after careful investigation12, became convinced that the English had never purchased nor taken possession of any land except the small plat of ground on which Meares’s temporary house had stood in 1788. Consequently he offered to transfer this, but no more. Vancouver refused to accept so little and the whole matter was referred back to the Governments at London and Madrid.[455] Having continued his survey of the coast for two years longer, Vancouver returned to Nootka in the summer of 1794 expecting that new instructions would be awaiting him regarding the transfer. He was disappointed. He waited two months at Nootka for them, then went to Monterey, where he waited nearly two months more. The English instructions still did not come, but the Spanish commissioner had received his orders, and Vancouver was informed that a special British commissioner had been sent for the purpose. On December 1 he sailed for England.[456]
[465]
While the arrangements were being made to send the above commissioners to Nootka to carry out the stipulations in the first article of the convention, steps were also being taken to fulfill3 the agreement in the declarations of July 24. The two Governments appointed commissioners to decide on the amount of the indemnity13 which Spain should pay to those interested in the ships captured at Nootka. Their negotiation2 was conducted at London. The Spanish agent, Manuel de Las Heras, was sent in May, 1791. Baron14 St. Helens [Fitzherbert] wrote on May 29 introducing him to Lord Grenville, who had succeeded the Duke of Leeds in the foreign office. Heras was also consul-general to England. St. Helens said:
He appears to me to be very sensible, well informed, and right headed; so that I am persuaded that he will do his best in order to execute the commission with which he is charged to the satisfaction of both Courts.[457]
When the Spanish commissioner reached London he either misunderstood his instructions or was intentionally15 very reserved regarding them. On August 26 Grenville wrote to St. Helens:
The sending of M. Las Heras at last without any instructions is really abominable16, and would be reason enough, if we were so disposed, to refuse to hear of alliance or anything else.
He appealed to St. Helens to “make those slow Spaniards send instructions and powers, and, above all, liberty to refer the matter to arbitration, by which the ministers of both Courts will get it off their hands.”[458] On receipt of this letter the British ambassador called the attention of Floridablanca to the commissioner’s delay in negotiating. The Spanish minister thought that the instructions to Heras were clear and explicit17; nevertheless, he sent additional instructions on September 8 authorizing18 the commissioner to settle and liquidate19 the damages, with the concurrence20 of Campo, the Spanish ambassador. He was to give the British Court to understand that in case of difference the Spanish King was willing to submit the matter to arbitration. The Count had given St. Helens a copy of these instructions and the latter sent[466] them to Grenville, saying that they seemed satisfactory except that the commissioner did not have authority to settle finally without submitting the matter to the Spanish King. He remarked that such would have been an unprecedented21 power and said that His Catholic Majesty22 had promised to act on it immediately.[459]
It seems that the commissioners failed to agree and that the matter was referred to a court of arbitration, which sat at or near Madrid in the early part of the next year. On May 14, 1792, St. Helens wrote from Aranjuez that the Nootka arbitration business was “en bon train,” and though it was going more slowly than expected he hoped to send dispatches concerning it in a very few days.[460] A fortnight later the business had taken a new turn. The British ambassador wrote:
I can not but hope that the proposal which goes by this messenger for settling what the Count of Aranda[461] calls the fastidious business of the Nootka claims by the payment of a round sum of money as a discharge in full will strike your fancy as much as it does his and mine.
The writer added that if the offer should be thought too small he was confident that Spain would increase it ten, fifteen, or even twenty thousand Spanish dollars. If Grenville should reject the offer and wish the matter to revert23 to arbitration he said that Aranda would facilitate it.[462] The amount offered was 200,000 Spanish dollars. About two months later the Nootka claimants were called upon to decide whether they wished to accept the offer or to have the matter referred back to Madrid in hope of having the sum increased.[463] The claimants apparently24 did not accept the offer. A month afterwards Dundas, the home secretary, wrote:
The Nootka business, I take it for granted, will get on, but it hangs rather unaccountably. I suspect that both sides are in some degree to blame.[464]
[467]
After a delay of several months more, the Spanish Court increased the offer by $10,000. On February 12, 1793, the following convention was signed:
Nootka claims convention.
In virtue25 of the declarations exchanged at Madrid on the 24th of July, 1790, and of the convention signed at the Escorial on the 18th [28th] of the following October, Their Catholic and Britannic Majesties26, desiring to regulate and determine definitely everything regarding the restitution27 of the British ships seized at Nootka, as well as the indemnification of the parties interested in the ships, have named for this purpose and constituted as their commissioners and plenipotentiaries, to wit, on the part of His Catholic Majesty, Don Manuel de Las Heras, commissary in His said Majesty’s armies, and his agent and consul-general in the Kingdoms of Great Britain and Ireland; and on the part of His Britannic Majesty, Mr. Ralph Woodford, Knight28 Baronet of Great Britain; who, after having communicated their full powers, have agreed upon the following articles:
Article I.
His Catholic Majesty, besides having restored the ship Argonaut, the restoration of which took place in the port of San Blas in the year 1791 [1790], agrees to pay as indemnity to the parties interested in it the amount of two hundred and ten thousand hard dollars in specie, it being understood that this sum is to serve as compensation and complete indemnification for all their losses, whatever they may be, without any exception, and without leaving the possibility of a future remonstrance29 on any pretext30 or motive31.
Article II.
Said payment shall be made on the day on which the present convention shall be signed by the commissioner of His Catholic Majesty in the presence of the commissioner of His Britannic Majesty, which latter shall give at the same time an acknowledgment of payment consistent with the terms enunciated32 in the former article and signed by the said commissioner for himself and in the name and by the order of His Britannic Majesty and of the said interested parties. And there shall be attached to the present convention a copy of the said acknowledgment of payment, executed in the proper form, and likewise of the respective full powers and of the authorizations of the said interested parties.
Article III.
The ratifications33 of the present convention shall be exchanged in this city of London within a period of six weeks from the date of its signature, or before if possible.
[468]
In witness whereof we, the undersigned commissioners and plenipotentiaries of Their Catholic and Britannic Majesties, have signed the present convention in their names and in virtue of our respective full powers, affixing34 to it the seals of our arms.
Done at Whitehall, February 12, 1793.[465]
Manuel de Las Heras.
R. Woodford.
During all of the time that the negotiations were in progress over the liquidation35 of the Nootka claims, a treaty of alliance and commerce between England and Spain was being discussed. The British Court attempted to induce the Spanish Government to accept duties on English manufactures, “instead,” as Grenville said, “of paying an army not to prevent their being smuggled36.” In the same connection he remarked, “but that, I fear, is a trait of wisdom far beyond their comprehension.”[466] The negotiation dragged through 1791 and 1792 and into 1793. In the meantime Spain had twice changed prime ministers. On the fall of Floridablanca, Aranda had succeeded him. After holding the position for about a year Aranda was succeeded by the Duke of Alcudia, the famous Godoy, known as the Prince of Peace, the paramour of the corrupt37 Queen. The impulse that finally brought the negotiations to a crisis was the murder of the French King by order of the Convention. A shudder38 of horror passed over Europe. Four days after the death of Louis XVI the British Cabinet decided39 to authorize40 St. Helens to discuss a permanent alliance with the Court of Spain against the excesses of the French Revolution. The alliance was to be commercial, offensive, and defensive41.[467] Such an alliance was concluded May 25, 1793, and ratified42 by the British Court on June 21 following. Ratifications were exchanged July 5.[468]
This alliance facilitated the settlement of the Nootka business. After the failure of Vancouver and Quadra to agree in 1792 as to what should be surrendered at Nootka, the Governments took up the matter again. While the negotiations[469] for this purpose were in progress a long letter from Revilla-Gigedo, the Viceroy of Mexico, reached Madrid. This was the informe of April 12, 1793, to which reference has frequently been made. Godoy, the Spanish prime minister, wrote to the Viceroy that in view of this and other letters from the same source he had concluded a convention with St. Helens.[469] In this long letter the Viceroy, after having given a brief history of the Spanish operations on the Northwest Coast, and especially the Nootka expeditions, gave an extended discussion, the purpose of which was to show that Nootka was not worth retaining. He dwelt on the millions that had been spent during the past twenty-five years in erecting43 and sustaining new establishments in Upper California, and discouraged attempts to occupy more distant places. He indorsed the idea of settling the Straits of Juan de Fuca and southward, but he thought that settlements farther north would be a cause of anxiety and fruitless expense and would afford occasions for quarrels and misunderstandings with England. If England wished to maintain possession of Nootka as a point of honor, he declared that Spain ought to yield to her. He proposed a generous surrender of the post to the English.[470]
The convention to which Godoy referred as having been concluded by himself with the British ambassador was signed at Madrid on January 11, 1794, and was as follows:
Convention for the mutual abandonment of Nootka.
Their Catholic and Britannic Majesties desiring to remove and obviate44 all doubt and difficulty relative to the execution of article 1 of the convention concluded between Their said Majesties on the 28th of October, 1790, have resolved and agreed to order that new instructions be sent to the officials who have been respectively commissioned to carry out the said article, the tenor45 of which instructions shall be as follows:
That within the shortest time that may be possible after the arrival of the said officials at Nootka they shall meet in the place, or near, where the buildings stood which were formerly46 occupied by the subjects of His Britannic Majesty, at which time and in which place they shall exchange mutually the following declaration and counter declaration:
[470]
Declaration.
“I, N—— N——, in the name and by the order of His Catholic Majesty, by means of these presents restore to N—— N—— the buildings and districts of land situated47 on the Northwest Coast of the continent of North America, or the islands adjacent to that continent, of which the subjects of His Britannic Majesty were dispossessed by a Spanish officer toward the month of April, 1789. In witness whereof I have signed the present declaration, sealing it with the seal of my arms. Done at Nootka on the —— day of ——, 179—.”
Counter Declaration.
“I, N—— N——, in the name and by the order of His Britannic Majesty, by means of these presents declare that the buildings and tracts48 of land on the Northwest Coast of the continent of North America, or on the islands adjacent to that continent, of which the subjects of His Britannic Majesty were dispossessed by a Spanish officer toward the month of April, 1789, have been restored to me by N—— N——, which restoration I declare to be full and satisfactory. In witness whereof I have signed the present counter declaration, sealing it with the seal of my arms. Done at Nootka on the —— day of ——, 179—.”
That then the British official shall unfurl the British flag over the land so restored in sign of possession. And that after these formalities the officials of the two Crowns shall withdraw, respectively, their people from the said port of Nootka.
Further, Their said Majesties have agreed that the subjects of both nations shall have the liberty of frequenting the said port whenever they wish and of constructing there temporary buildings to accommodate them during their residence on such occasions. But neither of the said parties shall form any permanent establishment in the said port or claim any right of sovereignty or territorial49 dominion50 there to the exclusion51 of the other. And Their said Majesties will mutually aid each other to maintain for their subjects free access to the port of Nootka against any other nation which may attempt to establish there any sovereignty or dominion.
In witness whereof we, the undersigned first secretary of state and of the Cabinet of His Catholic Majesty, and the ambassador and plenipotentiary of His Britannic Majesty, in the name and by the express order of our respective sovereigns, have signed the present agreement, sealing it with the seals of our arms.
Done at Madrid, January 11, 1794.[471]
The Duke of Alcudia.
St. Helens.
[471]
The two Courts proceeded to carry out this agreement. Godoy instructed the Viceroy of Mexico to appoint some one as the commissioner for Spain.[472] The British commissioner was appointed later, and sent by way of Spain, Havana, Vera Cruz, and Mexico.[473] He arrived at La Coruna about the middle of August, 1794.[474] On November 20 he landed at Vera Cruz, and went by way of Mexico to San Blas.[475] From this port both commissioners sailed for Nootka. The Englishman was Sir Thomas Pierce; the Spaniard, Manuel de Alava. They met at Nootka and on the appointed day, March 23, 1795, carried out the above agreement. Alava had previously52 destroyed the buildings of the Spanish settlement. After the prescribed ceremonies had been performed, both the Spanish and the English deserted53 the place.[476] Neither nation ever reoccupied it. Nootka is still inhabited by Indians.
The End
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1
negotiations
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| 协商( negotiation的名词复数 )； 谈判； 完成（难事）； 通过 | |
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negotiation
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| n.谈判，协商 | |
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fulfill
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| vt.履行，实现，完成；满足，使满意 | |
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arbitration
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| n.调停，仲裁 | |
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mutual
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| adj.相互的，彼此的；共同的，共有的 | |
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briefly
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| adv.简单地，简短地 | |
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commissioner
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| n.（政府厅、局、处等部门）专员，长官，委员 | |
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commissioners
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| n.专员( commissioner的名词复数 )；长官；委员；政府部门的长官 | |
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wrest
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| n.扭，拧，猛夺；v.夺取，猛扭，歪曲 | |
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opposition
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| n.反对，敌对 | |
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accomplished
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| adj.有才艺的；有造诣的；达到了的 | |
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investigation
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| n.调查，调查研究 | |
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indemnity
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| n.赔偿，赔款，补偿金 | |
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baron
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| n.男爵；(商业界等)巨头，大王 | |
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intentionally
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| ad.故意地，有意地 | |
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abominable
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| adj.可厌的，令人憎恶的 | |
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explicit
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| adj.详述的，明确的；坦率的；显然的 | |
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authorizing
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| 授权，批准，委托( authorize的现在分词 ) | |
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liquidate
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| v.偿付，清算，扫除；整理，破产 | |
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concurrence
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| n.同意；并发 | |
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unprecedented
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| adj.无前例的，新奇的 | |
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majesty
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| n.雄伟，壮丽，庄严，威严；最高权威，王权 | |
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revert
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| v.恢复，复归，回到 | |
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apparently
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| adv.显然地；表面上，似乎 | |
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virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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majesties
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| n.雄伟( majesty的名词复数 )；庄严；陛下；王权 | |
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restitution
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| n.赔偿；恢复原状 | |
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knight
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| n.骑士，武士；爵士 | |
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remonstrance
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| n抗议，抱怨 | |
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pretext
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| n.借口，托词 | |
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motive
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| n.动机，目的；adv.发动的，运动的 | |
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enunciated
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| v.（清晰地）发音( enunciate的过去式和过去分词 )；确切地说明 | |
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ratifications
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| n.正式批准，认可( ratification的名词复数 ) | |
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affixing
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| v.附加( affix的现在分词 )；粘贴；加以；盖（印章） | |
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liquidation
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| n.清算，停止营业 | |
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smuggled
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| 水货 | |
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corrupt
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| v.贿赂，收买；adj.腐败的，贪污的 | |
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shudder
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| v.战粟，震动，剧烈地摇晃；n.战粟，抖动 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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authorize
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| v.授权，委任；批准，认可 | |
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defensive
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| adj.防御的；防卫的；防守的 | |
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ratified
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| v.批准，签认（合约等）( ratify的过去式和过去分词 ) | |
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43
erecting
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| v.使直立，竖起( erect的现在分词 )；建立 | |
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obviate
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| v.除去，排除，避免，预防 | |
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tenor
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| n.男高音（歌手），次中音（乐器），要旨，大意 | |
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formerly
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| adv.从前，以前 | |
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situated
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| adj.坐落在...的，处于某种境地的 | |
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48
tracts
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| 大片土地( tract的名词复数 )； 地带； （体内的）道； （尤指宣扬宗教、伦理或政治的）短文 | |
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territorial
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| adj.领土的，领地的 | |
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dominion
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| n.统治，管辖，支配权；领土，版图 | |
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51
exclusion
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| n.拒绝，排除，排斥，远足，远途旅行 | |
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52
previously
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| adv.以前，先前（地） | |
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deserted
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| adj.荒芜的，荒废的，无人的，被遗弃的 | |
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