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THE
DIPLOMATIC CORRESPONDEirCE
OF THE
AMERICAN REVOLUTION.
VOI-. VIII.
THE
DIPLOMATIC CORRESPONDENCE
OF THE
AMERICAN REVOLUTION;
BEING
THE LETTERS OP BENJAMIN FRANKLIN, SILAS DEANE, JOHN
ADAMS, JOHN JAY, ARTHUR LEE, WILLIAM LEE, RALPH
IZARD, FRANCIS DANA, WILLIAM CARMICHAEL, HENRY
LAURENS, JOHN LAURENS, M. DE LAFAYETTE, M.
DUMAS, AND OTHERS, CONCERNING THE FOREIGN
RELATIONS OF THE UNITED STATES DURING
THE WHOLE REVOLUTION;
TOOSTHER WITH
THE LETTERS IN REPLY FROM THE SECRET COMMITTEE OP CONGRESS, AND THE SECRETARY OF FOREIGN AFFAIRS.
ALSO,
THE ENTIRE CORRESPONDENCE OF THE FRENCH MINISTERS, GERARD AND LUZERNE, WITH CONGRESS.
Published under the Direction of the President of the United States, from
the original Manuscripts in the Department of State, conformably
to a Resolution of Congress, of March S7th, 1818.
EDITED
BY JARED SPARKS.
VOL. VIII.
BOSTON:
NATHAN HALE AND GRAY & BOWEN ;
O. & C. & H. CARTILL, NEW YORK ; P. THOMPSOR, WASHIHOTOIT.
1830.
steam Power PreM-W. L. Lewii> Print. : No. 0, OoofieM Street, Bortoo.
COWTEITTS
OF THE
EIGHTH VOLUME.
JOHN JAY'S CORRESPONDENCE,
CONTINUED.
Page.
Robert R. Livingston to John Jay. Philadelphia, December 13th, 1781, .... 3
Military operations in the South. — Requests more frequent communications.
Robert R. Livingston to John Jay. Philadelphia, February 2d, 1782, 5
State of affairs in the South. — New order introduced into the financial department. — Interest of Spain to attack Britain in America. — Apostacy of Mr Deane.
To Robert R. Livingston, Secretary of Foreign Affairs. Madrid, February 6th, 1782, - - 8
Correspondence interrupted and examined in the post-offices.
To the President of Congress. Madrid, February 6th, 1782, 10
Delays of the Spanish Court. — Thinks it advisable to demand a categorical answer.
To Robert R. Livingston. Madrid, February 16th,
1782, - - - ^. - - -12
Capitulation of Fort St Philip.
To Robert R. Livingston. Madrid, February 18th, 1782, - . - . - . - 12
Encloses the articles of capitulation for Fort St PhiHp.
VI CONTENTS.
Page.
Robert R. Livingston to John Jay. Philadelphia, March 8th, 1782, - - - - - 13
Military operations in the South.
Robert R. Livingston to John Jay. Philadelphia, April 27th, 1782, - - - . - - 14
General expectations from Spain. — Conduct of Spain towards America.-^ — Spanish Claims on Great Britain and in America. — That Court can only secure the exclusive navigation of the Mis- sissippi hy an alliance with the United States. — The sum^ advanced by Spain 1^) the United States will be repaid.
Robert R. Livingston to John Jay. Philadelphia, April 28th, 1782, 20
State of the American military force:.
To Robert R. Livingston. Madrid, April 28th, 1782, ------- 21
Difficulty of obtaining supplies. — Letter to Dr Frank- lin, (St Ildefonso, September lOth, 1781), request- ing supplies of money to meet the bills drawn on him; new financial regulations of Mr Morris; they will probably spare him the necessity of making further demands.— Receives advances &om M. Cabarrus.— Dr Franklin permits Mr Jay to draw on him. — The Court prepares to go to the Escurial. — Note from Mr Jay to the Count de Flor- ida Blanca, informing^him of h|a i^te^tioIl of re- ' turning to Madrid.— -Keply of the. Count de Flori-
da Blanca to the mreceding. — Complaint e;^l|ibited by the Count de Florida Slanca against Commo- dore Gillon, for retaining deserters from the Span- ish service on board his vessel. — Letter f^m Mr Jay to the Count de Florida Blanca, (Madrid, Oc- tober 9th, 1781), acknowledging the justice of his demand of the surrender of the deserters, and en- closing a copy of his letter U> Commodore GiUon on the subject ; Mr Jay urges decisive measures relating to the negotiation^ with America. — Let- ter from Mr Jay to Commodore GiUon (Madrid, October 9th, 1781), advising th^ surrender of the deserters.^^Receives a statement from Commo- dore Gillon, showing the charge against him to h^ve been pre!eipitate.-<-Represeatation8 of Col- onel Searle against Commodore Gillon disproved by the Commodore. — Continued silence of the Spanish Minister. — Letter from Mr Jay to the Count de Florida Blanca (Madrid, October 28th, 1781), representing the inconveniences of an ordi- nance, requiring the legality of prizes brought into the Spanish ports, to be tried in the Court of Ad» miralty, whence the commission of the captors issued. — Receives no anBwer.---<i-Letter from Mr
CONTENTS. VU
Page. Jay to the Count de Florida Blanca (Madrid, No- vember 6th, 1781), on the detention of the Ameri- can privateer Cicero, with her prize, at Bilboa, on account of her firing into one of the Kinff's cut- ters j statement of the case, which renders the firing justifiable. — Note firom the Count de Florida Blanca to Mr Jay, declaring his statement to be incorrect, and insisting on satisfaction. — Lietter from Mr Jay to the Count de Florida Blanca (Madrid, November 12th, 1781), requesting a statement of the facts in the case of the Cicero, and the speedy release of the vessel. — Letter from the Count de Florida Blanca to Mr Jay, com- municating an order for the release of the Cicero. — Card from Mr Jay on the subject. — Lietter from Mr Jay to the Count de Florida Blanca (Madrid, November 16th, 1781), urging the neces- sity of supplies. — Receives no answer. — Letter from Mr Jav to Dr Franklin (Madrid, Novem- ber 21st, 1781), requesting advances of money to meet the bills drawn on him. — Note from Mr Jay to the Count de Florida Blanca, requesting an in- terview.— Reply to the preceding note. — lUceives ho answer to a Memorial, which he transmits fVom Mr Harrison; experiences tlie same neglect in other similar cases.— Interview with the Count de Florida Blanca ; the Count excuses the delays on account of the sickness of M. del Campo, and declines entering on any business. — M. del Campo has been appointed to confer with Mr Jay three months witnout Mr Jay's knowledge. — M. del Campo declines the conference, under pretence of ill health ; and aflerwards on the plea of want of instruction. — Letter from Mr Jay to Dr Frank- lin (Madrid, December 31st, 1781^, asking ad- vances of money. — Letter from Mr Jay to Dr Franklin (Madrid, Januanr 11th, 1782), on the subject of advances. — Conference with the French Ambassador ; Mr Jay complains of the delays of the Spanish Court ; requests aid from France ; declares his intention in case of protesting the bills, to assiffn as a reason, that he had placed too much confidence in his Catholic Majesty ', the Ambassador advises patience. — Letter from Dr Franklin to Mr Jwr (rassy, Januarv 15th, 1782), enclosing a letter from the Count de Vergennes to Dr Franklin (Versailles, December 3l8t, 1781), promising to advance a million to him, if he is authorised to dispose of the Dutch loan. — Letter from Mr Jay to Dr Franklin (Madrid, January 3(Hh, 1782), on the subject of advances; import- ant services of Dr FraJnklin.^Note from Mr Jay to M. del Campo (Madrid, February Ist, 1762), expressing his anxiety to enter upon the discus- sion of Aimerican afiairs. — Reply of M. del Cam-
via CONTENTS.
po, regrretting that the ill health of the Count de Florida Blanca has prevented the drawing up of his instructions. — Letter from Dr Franklin to Mr Jay (Ptesy, January 19th, 1782), stating the difficulties of obtaining further supplies in France ; the Dutch loan principally anticipated; advises Mr Jay to demand an immediate and explicit an- swer to his proposition of a treaty, and solicit his recall in case of further delay. — Letter from M. Cabarrus to Mr Jay (Madrid, February 10th, 1782), requesting to know how he is to be reim- bursed for his advances. — Mr Jay replies verbally to M. Cabarrus, that he can give him no positive assurances of immediate repayment, but has ex- pectationn from Dr Franklin. — The French Am- bassador promises to represent to the Count de Florida Blanca, the critical situation of Mr Jay. — Letter from the Chevalier de Bourgoing to Mr Jay, communicating the reply of the Spanish Min- ister to the representations of the French Ambas- sador.— Note from Mr Jay to the Chevalier de Bourgoing, returning his thanks to the Ambassa- dor.— Letter from Mr Jayto.Dr Franklin (Mad- rid, February 11th, 1782,) on the subject of ad- vances.— Mr Jay pays a visit to the Minister, who refers him to M. del Campo. — Evasions of M. del Campo. — Letter from M. Cabarrus to Mr Jay (Madrid, February 25th, 1782), transmitting ac- counts of his advances, and requesting repay- ment.— M. Cabarrus has a conference \^ith tne Minister, who refrtses any new advances, and de- clares that the King is dissatisfied, that he has re- ceived no returns from America for his good offices. — Conference between Mr Jay and the French Ambassador. — Letter from Mr Jay to Dr Franklin (Madrid, March 1st, 1782), on the subject of ad- vances.— Letter from Mr Jay to the Count de Florida Blanca (Madrid, March 2d, 1782), ex- plaining the causes which have prevented re- turns on the part of the United States to the King's good offices ; declares himself entirely witiiout resources. — Note from Mr Jay to M. del Campo, enclosing the preceding letter. — Receives no answer to the above communications. — Mr Jay has an interview with the Minister, whp laments the difficulty of raising money, but promises aid ; conversation on the proposed treaty ; the Minis- ter promises to send M. Gardoqui to America. — Extract from the Madrid Gazette, giving an ac- count of the capture of the Fort St Joseph by Span- ish troops, who take possession of the country in the name of his Catholic Majesty. — The bills drawn on Mr Jay are presented. — Letter of Mr Jay to the Count de Florida Blanca (Madrid, March 14th, 1782), informing him that the bills have been pre-
Fage.
CONTENTS. iX
Page, sented, and requefltinff to know if he will afford any aid.— Note from Mr Jay to the French Amhassa- dor, communicating the preceding letter. — Letter from the Count de Montmorin to Mr Jay, stating that the Count de Florida Blanca consents to be- come security for fifly thousand dollars, on condi- tion M. Cabarrus remains in the same disposition. — ^M. Cabarrus refrises to abide by his former offer. — ^Mr Jay protests the bills. — Conversation with the French Ambassador on the subiect. — Advices , that the Parliament have counselled the cessation of offensive measures in America. — Letter from Dr Franklin to Mr Jay (Passy, March 16th, 1782), offering to meet the bills ; thinks it best to pay off the whole sum due to Spain. — Letter from Mr Jay • to Dr Franklin (Madrid, March 19th, 1782), ac- knowledging the supplies ; proposals of a peace separate from France ought not to be listened to ; approves of the plan of repaying Spain her ad- vances.— M. Cabarrus wishes a reconciliation. — Letter from Mr Jay to M. Cabarrus (Madrid, April 2d, 1782), in reply to his claims for gratitude ; his conduct requires an apology. — M. Cabarrus was the scape-goat of the iVlinister. — Messrs Drouilhet employed as American bankers. — Mr Jay does not wait on the Minister while the Court is at Mad- rid.— Receives an invitation to apjiear on Satur- days at the Minister's table. — No advantage to be gained by hastening a treaty with Spain. — Spain will be less easily satisfied tfian France in the arti- cles of peace. — Mr Jay requests tlio Frencli Am- bassador to inquire if the card of invitation was intended for him. — The Minister dorlares it to have been left by mistake, but would be happy to see Mr Jay as a private gentleman. — Mr Jay doubts the truth of this declaration — Letter from Mr Jay to the French Ambassador (Madrid, April 27th, 1782), stating his objections to appearing as a private gentleman at the Spanish Minister's dinners.
Robert R. Livingston to John Jav. Philadelphia,
May 9th, 1782, - -" - - - 105
General Carleton's attempts at a reconr illation. — Importance of securing Spain.
To Robert R. Livingston. Madrid, May 14th,
1782, - - 110
Is summoned to Paris by Dr Franklin.
Robert R. Livingston to John Jav. Philadelphia, June 23d, 1782, - -" - - -'111
Conduct of Spain in tlie West Indies. — The people will listen to no tejrms of accommodation.
VOL. VIII. B
X CONTENTS.
Page.
To Robert R. Livingston. Paris, June 25th, 1 782, 113
Mr Jay arriyes at Paris. — Visit to the Count de Vergennes. — Dr Franklin. — Siege of Gibraltar.
To Robert R. Livingston. Paris, June 28th, 1 782, 1 1 5
Services of the Marquis de Lafayette. — Intentions of the British Ministry. — Inexpediency of any ne- gotiations in America.
Robert R. Livingston to John Jay. Philadelphia, July 6th, 1782, 117
Complains of the sending of British prisoners into the United States by Spain. — Remits Mr Jay's salary.
Robert R. Livingston to John Jay. Philadelphia, September 12th, 1782, - - - -.119
Complains of want of information from American Ministers in Europe. — Symptoms of a change in the British conciliatory policy. — Importance of se- curing a direct trade with the West Indies. — This is also for the interest of the European holders of the islands.
To Robert R. Livingston. Paris, Sept. 18th, 1782, 125
France wishes to postpone the acknowledgment of independence by England until the general peace, in order to preserve her influence over America. — France and Spain will dispute the western boundary. — Dr Franklin's views on the French policy.
Robert R. Livingston to John Jay. Philadelphia, September 18th, 1782, .... 127
Enclosing certain resolutions of Congress. — The letters of the Commissioners are inspected on the passage.
To Robert R. Livingston. Paris, Sept. 28th, 1782, 128
Mr Oswald receives a new commission, empower- ing him to treat with the thirteen United States of America.
To Robert R. Livingston. Paris, Oct. 1 3tb, 1 782, 128
The French Court advised treating with Mr Os- wald under his former commission. — Mr Jay re- fused.— The Count d'Aranda wishes to treat with Mr Jay without exchanging powers, and the French Court advises it. — Mr Jay declines.
To Robert R. Livingston. Paris, Nov. 1 7th , 1 782, 1 29
England appears disposed to evade the acknowledg- ment of independence. — Visit from Sir William Jones, who desires letters of recommendation for America. — Probable objects of his proposed visit. — Note from the Count de Vergennes to Dr Frank- lin, on Mr Oswald's powers. — Conference be- tween the Count de Vergennes and Messrs
CONTENTS. XI
Page.
Franklin and Jay ; Mr Jay objects to treating with Mr Oswald, under a commission styling the Unit- ed States Colonies -, opinion of the Court assented to by Dr Franklin, that that was no ground of ob- jection.— Conyersation on the same subject be- tween Dr Franklin and Mr Jay. — Extracts from the instructions to Sir Guy Carleton, transmitted bj Lord Shelburne to Pr Franklin. — Conyersa- tion with Mr Oswald on this subject. — Form of a commission to Mr Oswald proposed by Mr Jay, Teco^nising the colonies as independent States. — Furmer conyersation with the Count de Ver- ffennes on the same subject. — Extract of a letter from Mr Townshend to Mr Oswald (Whitehall, September 1st, 1782), declaring that the negotia- tions were intended to be earned on in Europe, and on the basis of unconditional independence. — Mr Jay, in conyersation with Mr Oswald, points out the inconsistency of this with General Carle- ton's instructions, and attributes it to French influ- ence ; it is for the interest of England to treat with America as an independent Sto,te. — Letter from Mr Jay to Mr Oswald, stating his objections to his commission. — Dr Franklin objects to the letter. — Letter from Mr Jay to the Count d'Aranda (Pa- ris, June 25th, 1782), acquainting him with his readiness to enter upon the negotiations. — Letter from Count d'Aranaa to Mr Jay (Paris, June 27th, 1782), expressing a wish to see him. — Conyersa- tion between Mr Jay and Count d'Aranda on the western boundary. — The Count sends Mr Jay his proposed boundary line. — Conyersation witn M. Rayneyal, in which Mr Jay declines treating with the Count d'Aranda, without exchanging powers. — Mr Jay assures the Count d'Aranda tnat the Mississippi is the ultimatum of America; objec- tions of the Count. — Letter from M. Rayneyal to Mr Jay (Versailles, September 4th, 1782), request- ing a yisit from him. — Letter from M. Rayneyal to Mr Jay (Versailles, September 6th, 1782), tians- mittiag me following Memorial. — Memorial of M. Rayneyal on the rigntof the United States to the nayigation of the Mississippi. — Reflections of Mr Jay on this Memorial. — Letter from Mr Jay to the Count d'Aranda (Paris, September 10th, 1782), stating that he is not empowered to cede any countries belon^ng to the United States, but is ready to negotiate, with a Minister yested with equal powers, a treaty of amity and commerce. — Reply of the Count d'Aranda, declaring himself yested with ample powers to treat. — Visit of the Count d'Aranda to Versailles. — M. Rayneyal goes to England. — Probable objects of his yisit. — Con- yersation with Mr Vaughan on the subject of M. Rayneyal's yisit. — Mr Jay represents the expe-
Xll CONTENTS.
Page- diency of treating; with America on an equal foot- ing ; the inexpediency of attempting to exclude the Americans from the fisheries ; and of restrict- ing the western boundary and the navigation of the Mississippi. — Mr Vaughan goes to £ngland to communicate these views to Lord Shelburne. — Proposed draft of a letter to the Count de Ver- gennes, containing objections to Mr Oswald's commission ; it does not designate the United States by their proper title ; it empowers him to treat with bodies not having authority to treat by the American constitution ; it calls in question the independence of the United States ; prece- dents from acts of Congress ; America has treated with other powers as an independent State } pre- cedents from other States under similar circum- stances ; detail of the history of the early negotia- tions of the United Provinces with Spain, show- ing that they treated with other powers on an equal footing, and refused to negotiate with Spain except in like manner ; the independence exists in fact; and not as a grant from Great Britain. — Conversation between Mr Jay, the Count d'Aran- da, and the Marquis de Lafayette, on the proprie- ty of Spain's treating with America on an equal footing. — The Count de Vergennes states the ob- ject of M. Rayneval's visit to England to be, to judge of the real views of the English Minis- try.— ^The claims of Spain to countries east of the Mississippi are of recent origin. — Conversation with M. Rayneval on this subject. — Mr Oswald receives a new conrniission, under which articles are agreed on. — Conversation between Messrs Jay and Franklin and M. Rayneval on the boundaries and fisheries. — The policy of the French Ccurt is directed to prevent a cordial reconciliation be- tween America and England, and thus to keep the United States dependent on France.
Observations of the Editor on the above letter, - 208
Pointing out the misapprehensions of Mr Jay as to the objects of M. Rayneval's visit to England.
Robert R. Livingston to John Jay. Philadelphia,
' November 23d, 1782, - - - . 212
Complains of want of information from the Minis- ters in Europe. — English Commissioners will meet with no success in America. — Mr Barlow's poem. — Mr Boudinot elected President of Congress.
To Robert R. Livingston. Paris, Dec. 12th, 1782, 214
The negotiations with Spain are not be^n. — Una- nimity of the Conmiissioners on all pomts in the preliminaries. — Mr Adams's services relative to the eastern boundary. — Dr Franklin's services on the subject of the tories.
CONTENTS. XUl
Page.
Robert R. LiviDgston to Joha Jay. Philadelphia, January 4th, 1783, 215
Policy of France towards America erroneously sus- pected.— Reasons for this belief. — Marbois's letter on the fisheries. — The Spanish system of delay favorable to America by putting off negotiations till a more advantageous time for treating.
To Robert R. Livmgston. Paris, April 7th, 1783, 222
The Spanish Ambassador informs nim, that he will be honorably received at Madrid. — Services of M. de Laikyette.
To Robert R. Livingston. Peris, April 1 1 th, 1 783, 223
Change in the British Ministry. — Russia and Aus- tria are invited to send mediatorial plenipotentia- ries to assist at the definitive treaties.
To Robert R. Livingston. Paris, April 22d, 1783, 224
Spain and England may form a league to secure their American possessions against the United States. — Meaning of the mutual guarantee be- tween Spain and the United States, of their pos- sessions.
To Robert R. Livingston. Paris, May 30th, 1783, 226
Proposes Mr Adams as the most suitable Minister to * Great Britain.
To Robert R. Livingston. Paris, June 1st, 1783, 227
Progress of tlie negotiations. — Settlement of his ac- counts.
To Robert R. Livingston. Passy , July 20th, 1 783, 229
Reasons for resigning his commission to the Span- ish Court.
To the President of Congress. New York, July 25th, 1 784, - - - - - - 230
Explains the manner in which some bills drawn on him were twice paid. — British and American rati- fications of the treaty of peace exchanged.
FRANCIS DANA'S CORRESPONDENCE.
To the President of Congress. Paris, August 1 Otli, 1780, 239
Forwarding certain papers.
To the President of Congress. Paris, August 24th,
1780, 240
Forwarding letters of Mr Adams, who is absent in the Low Countries.
XIV CONTENTS.
Page.
To the President of Congress. Amsterdam^ Sep- tember 20th, 1780, 241
Receives despatches from Congress by Mr Searle, and sets off in consequence for the Low Coun- tries.— Suspicions entertained in Holland, that the United States have granted exclusive privi- leges in commerce to France.
Commission to Francis Dana, referred to in the preceding letter, ----- 243
Empowering him to obtain a loan in Holland, in case Mr Adams should be prevented from attending to it.
To Jonathan Jackson. Amsterdam, November
11th, 1780, 244
Capture and confinement of Mr Laurens. — Intem- perate Memorial of Sir J. Yorke on the discovery of a plan of a treaty, drawn up by Mr W. Lee and the Regency of Amsterdam. — Naval forces of Holland.
Instructions to Francis Dana, as Minister Plenipo- tentiary to the Court of St Petersburg. In Con- gress, December 19th, 1780, - - - 247
To the Committee of Foreign Affairs. Paris, Feb- ruary 16th, 1781, 252
Mr Adams has not obtained a loan in Holland. — Resolutions of Congress relative to the Russian declaration.
To the President of Congress. Paris, Mai-ch 24th, 1781, 254
Dr Franklin advises the communication of his com- mission to the Count de Vergennes, and to the Russian Court. — Objections to the latter part of his advice. — No provision is made for any secre- tary or clerk to assist him.
To the President of Congress. Paris, March 28th, 1781, 258
Dr Franklin coincides in his objections to communi- cating his mission to Russia. — Desires to be kept informed of the state of affairs in America.
To the Count de Vergennes. Paris, March 31st, 1781, - 259
Communicating the objects of his mission to St Pe- tersburg.— Intends to appear only as a private citizen.
To the President of Congress. Paris, March 31st, 1781, 261
Manner of communicating his mission to the Count de Vergennes.
CONTENTS. XV
Page.
Count de Vergennes to Francis Dana. Versailles, April 1st, 1781, - - - - - 263
Requests an interview with him relative to his mis- sion.
To the Count de Vergennes. Paris, April 2d, 1781, 263
Mr Dana will wait on the Count berore setting out for Russia.
To the President of Congress. Paris, April 2d, 1781, 264
Delayed by the proposed interview with the Count de Vergennes. — Impolicy of making the commu- nication.— Is determined to proceed to Holland and consult with Mr Adams at all events.
To the President of Congress. Paris, April 4th, 1781, 265
Conference with the Count de Vergennes on the subject of his mission to Russia — The Count advises him to communicate his intention to the Russian Minister at the Hague.
To B. Franklin. Paris, April 6th, 1781, - - 268
Requests Dr Franklin's opinion, in writing, of the sentiments of the Count de Vergennes, and of his own opinion on the mission. — -Intends to consult Mr Adams on the subject.
B. Franklm to Francis Dana. Passy, April 7th,
1781, 270
Thinks the Count de Vergennes made no objection to his going. — Dr Franklin thinks it expedient for him to go.
To John Adams. Leyden, April 18th, 1781, - 272
Requesting his opinion as to the character under which he should so to Russia, and as to the pro- priety of communicating with the Prince Gallit- zin on the subject.
John Adams to Francis Dana. Leyden, April 18th,
1781, - - - - - - - 273
Advises him to proceed to Russia, without assuming any distinction of character, and without commu- nicating his intention to the Prince Gallitzin or the Russian Court. — The resolutions of Congress on neutral rights ought to be communicated. — The United States should be represented in all countries of Europe.
To Edmund Jennings. Amsterdam, April 26th,
1781, - - 277
Requesting him to join him on his mission.
Edmund Jennings to Francis Dana. Brussels, May 3d, 1781, 278
Accepts of the invitation to join him.
ivi CONTENTS.
Page.
To the President of Congress. Amsterdam, May 13th, 1781, ------ 278
Corrects some mistakes in Dr Franklin's account of the conference with the Count de Vergennes. — Objections to consulting the Russian Ambassador at the Hague. — M]> Jennings.
To the President of Congress. Amsterdam, May 20th, 1781, 281
Transmitting certain papers.
To the President of Congress. Berlin, July 28th, 1781, 282
Delay on account of Mr Jennings, who finally de- clines accompanying Ihm on his route. — Policy of the European powers. — Minutes of the Memo- rial of the French Ambassador to Count Oster- mann, relative to the violations of neutrality by the English. — It is important to discover the real sen- timents of Russia toward America. — Expects no support from the French Minister at St Peters- burg, it being the interest of France not to render America less dependent by gaining new friends.
To the Marquis de Verac, French Minister at St Petersburg. St Petersburg, Aug. 30th, 1781, 289
Apprising the Minister of his arrival.
The Marquis de Verac to Francis Dana. Thurs- day, August 30th, 1781, - - - - 290
Expresses his satisfaction on Mr Dana's arrival.
To the Marquis de Verac, Ambassador from France. St Petersburg, September 1st, 1781, - - 290
Acquainting him with his commission, and his in- structions to communicate with the French Min- ister at the Russian Court.
The Marquis de Verac to Francis Dana. St Pe- tersburg, September 2d, 1781, - - . 291
The Court of Russia has maintained a strict neutral- ity between the belligerent powers, and may be unwillinff to receive an American Minister, as it would give rise to complaints of favor for the American cause. — Plan of a mediatorial Congress at which the United States will be represented.
To the Marquis de Verac. St Petersburg, Sep- tember 4th, 1781, 294
Considerations on the policy pursued by Russia to- wards the belligerents. — The admission of an American Minister to the proposed mediatorial Congress would be an acknowledgment of inde- pendence.— The present is a favorable opportuni- ty for establishing freedom of commerce and navi- gation for all nations. — Reasons which render it proper to assume his public character.
CONTENTS. XVli
Page.
The Marquis de Verac to Francis Dana. St Pe- tersburg, September 12th, 1781, - - - 300
, The American Minister at the proposed Coneress is
intended to treat only with England, and is not therefore to be admitted as the representative of an independent power, unless after consent of Eng- land.— Objections to Mr Dana's assumption of his public character.
To the Marquis de Verac. St Petersburg, Sep- tember 13th, 1781, 304
Thanking him for his information and advice.
To the President of Congress. St Petersburg, September 15th, 1781, - - - - 305
Commerce of the southern shore of the Baltic. — The objections of the French Ambassador to his as- sumption of a public character are unsatisfactory. — Reasons drawn from the terms of the proposition of mediation, prove that the mediators intended to treat America as independent.— rThe mediators expected this proposition would be rejected by Euj^land, and would thus leave them to treat more decidedlv with the United States. — If the Em-
Eress will not receive a Minister from America it ad better be known at once.
To Robert R. Livingston. St Petersburg, October 1^1,1781, 312
Article in the project of a treaty proposed by France to Russia, stipulating, that French goods ex- changed in Russia for the productions of the country shall be entitled to a drawback. — Reason given for this proposition, that otherwise France could obtain the same articles in America, and create a market for French manufactures there.
To the President of Congress. St Petersburg, October 15th, 1781, 314
Receives a copv of the propositions of mediation and of the French answer. — Confirmed by these docu^ ments in his former opinion, that the United States were to be treated as independent. — Has been informed, that one of the objects of the armed neutrality was a general pacification on the basis of American independence. — This plan was ob- structed by the delays of Holland.-— Count Panin. — Expectations from the neutral confederation. — The plan of a general pacification founded on a desire to preserve the balance of power by sea.
Robert R. Livingston to Francis Dana. Philadel- phia, October 22d, 1781, ... - 319
Announcing the appointment of a Secretary of Foreign Affairs. — Successes in the south. — En-
VOL. VIII. C
XVIU CONTENTS.
Page.
closes resolutions of Confess relative to the pro* positions of the Empress of Russia, respecting the rights of neutrals.
To Waiiam Ellery. St Petersburg, January Hth, 1782, 323
Different offers of mediation by Russia.— ^Effect of the American revolution on the policy of the Eu- ropean powers. — Jealousy of American commerce in Russia.
Robert R. Livingston to Francis Dana. Philadel- phia, March 2d, 1782, - -.. - -325
The cause of the United States may be served by representations of their actual condition. — Milita-
8' operations in America. — Financial concerns. — rdmance relating to captures. — Requests fre- quent communications.
To Robert R. Livingston, Secretary of Foreign Affairs. St Petersburg, March 5th, 1782, - 330
Congratulations on his appointment. — The capture ofuLiord Comwallis has satisfied Europe, that Eng- land cannot succeed in recovering the United States. — The Empresses offer of mediation will pre- vent her from favoring the United States. — Anoth- er campai^ must be expected. — State of the neu- tral confederation.
To Robert R. Livingston. St Petersburg, March 30lh, 1782, - - - - - . 336
The depressed condition of England may lead her to accept the mediation, to wnich the French and Spanish Coitrts will accede, on condition of the presence of the Ministers of the United States. — Schemes of Austria and Russia for extending their commerce on the Black Sea. — These plans may injure the American cause by directing the attention of Russia to a different quarter. — Ac- count of Russian commerce.
To John Adams. St Petersburg, April 23d, 1782, 341
Congratulates him on his success in Holland. — Favo- rable opportunity for the maritime powers to secure the commerce with America.-^Delays on their part may produce a separate pacification between
, Britain and the United States.
Robert R. Livingston to Francis Dana. Philadel- phia, May 10th, 1782, - ... 345
Reasons which should prevent him from assuming a public character. — Absurdity of supposing, that France would eo to war for the independence of America, and then oppose the recognition of it. — Congress still adhere to their instructions on this point. — Desires him to write frequently. — State of the military in America. — Sir Guy Carleton sue-
CONTENTS. XIX
Page, ceeds General Clinton. — Attempts of England to gain over America to a reconciliation entirely without success.
Robert R. Livingston to Francis Dana. Philadel- phia, May 22d, 1782, . ... 350
The change of administration in England has produ- ced no change of feeling in America. — Congress refuses a passport to General Carleton's Secretary.
Robert R. Livingston to Francis Dana. Philadel- phia, May 29th, 1782, - - .. - 352
Transmitting letters of earlier date. — Ten thousand British prisoners in America, which the English refuse to ransom. — The Germans will be sbld for three years.
To Robert R. Livingston. St Petersburg, June 28th, 1782, 352
The Marquis de Verac advises against disclosing his character, notwithstanding ue changes in the British Ministry. — Reflections drawn up by Mr Dana without signature, and conmiunicated indi- rectly to the Russian Cabinet, showing that the conmierce of Russia will not suffer by the inde- pendence of America. — Difficulties or transmis- sion prevent frequent communications.
To Robert R. Livingston. St Petersburg, August 30th, 1782, 362
The only safe channel of communication with him is through Holland. — The Russian Court is fully convinced, that the independence of the United States is permanently established.
To Robert R. Livingston. St Petersburg, Septem- ber 5th, 1762, - - - - - - 364
The Empress is prevented, by her desire of acting as mediator, from taking any decisive measures in favor of tiie United States. The belligerent pow- ers were never intended to be parties to the marine convention. — ^Custom at the Russian Court for a power entering into a treaty with Russia to pay six thousand rubles to each of the four Ministers. — Portugal accedes to the armed neutrality. — Rank of diplomatic agents.
Robert R. Livingston to Francis Dana. Philadel- phia, September 18th, 1782, - - - 369
, Complains of want of information as to his proceed- ings.— Military operations in America. — Changes of measures in consequence of the changes of administrations in England.
To Robert R. Livingston. St Petersburg, Septem- ber 23d, 1782, - 371
Russia will not make any advances towards Amer- ica.— ^The Russian Cabinet. '
XX CONTEiNTS.
V
m
Page.
To Robert R. Livingston. St Petersburg, Septem- ber 29th, 1782, 373
Russian commerce. — Apprehensions in Russia, that the United States may interfere with that country, particularly in the articles of hemp and iron. — Considerations showing the groundlessness of these fears.
To Robert R. Livingston. St Petersburg, Octo- ber 14th, 1782, 379
Projects of Russia on Turkey. — Anglican character of the Russian Cabinet.
To Robert R. Livingston, St Petersburg, Novem- ber 1st, 1782, 382
Project for supplying Russia witli West India goods by American vessels.
Robert R. Livingston to Francis Dana. Philadel- phia, November 7tli, 1782, - - - - 384
Encloses resolutions of Congress, directing the for- eign Ministers of the United States to transmit frequent communications. — Also resolutions, de- claring the intention of Congress not to conclude a peace without their allies. — State of affairs in the United States. — Mr Boudinot elected Presi- dent of Congress. — Provisions for the payment of the salaries of thie Ministers.
To Robert R. Livingston. St Petersburg, Novem- ber 18th, 1782, 387
The British Commissioner having received powers to treat with those of the United States, Mr Dana
?roposes to make known his public character. — ^he Marquis de Verac opposes this intention. — Advantages of the measure. — Sums to be paid to the Russian Ministers in case of a treaty.
Robert R. Livingston to Francis Dana. Phila- delphia, December 17th, 1782, - - - 391
Military operations of the preceding campaign. — General Carleton's attempts at negotiation. — Spirit of t)ie people. — Flourishing State of com- merce.— State of the circulating medium. — Suc- cess of the bank. — Condition of the finances. — Formation of the State governments. — General tranquillity. — Insurrection in Massachusetts rep- resented as the revolt of New England. — Charac- ter of Congress. — Transmits the constitutions.
To Robert R. Livingston. St Petersburg, Decem- ber 21st, 1782, - 398
Opportunities on which the communications of his powers seemed proper. — Circumstances which render it expedient.
CONTENTS. XXI
Page.
To Robert R. Livingston. St Petersburg, Decem- ber 27th, 1 782, 402
Intends to return to America as soon as a commer- cial treaty with Russia shall be completed. — Rea- sons for this measure.
To Robert R. Livingston. St Petersburg, Decem- ber 30th, 1782, 404
Advantages of postponing the conclusion of a com- mercial treaty with Russia.
To Robert R. Livingston. St Petersburg, January 3d, 1783, 406
Treaty between Denmark and Russia on the princi- ples of the Marine Convention. — The Marine Convention itself is limited to the duratidn of th6 present war.
To the Commissioners of the United States at Paris. St Petersburg, January 14th, 1783, - - 408
Congratulations on the conclusion of the prelimi- nary treaty. — The French Ambassador thinks his admission would be delayed, if not refused.
To John Adams. St Petersburg, Jan. 15th, 1783, 409
Is prevented by his instructions from communi- cating his mission. — ^The attention o^ Russia is turned chiefly to the east.
To Robert R. Livingston. St Petersburg, January 15th, 1783, - - - - - - 411
Delays the communication of lus mission in com- pliance with the opinion of the French Ambassa- dor.— State of affairs between Russia and Turkey.
To Robert R. Livingston. St Petersburg, January 31st, 1783, 4i3
Dr Franklin promises to advance the money neces- sary to conclude the treaty with Russia. — Intends to return to America.
To Robert R. Livingston. St Petersburg, Febru- ary 10th, 1783, - . * - - - - 414
High standing of America in Europe. — A direct in- tercourse between the West Indies and the Unit- ed States ought to be secured. — Plan of Portugal to establish factories in America.
To Robert R. Livingston. St Petersburg, Febru- ary 25th, 1783, - - - - - 417
The French Ambassador advises him not to com- municate his mission until the formal announce- ment of the signing of the preliminarie<'s by the British Minhter. — Intends to draw on Dr Frank- lin for the expenses of the treaty.
Mr Dana's Communication of his Mission to Count Ostermann. St Petersburg, March 7th, 1783, 419
XXU CONTENTS.
Page.
To Robert R. Livmgston. St Petersburg, March 7th, 1783, 420
Communicates his mission without the advice of the French Ambassador, on assurances of reception from the Russian Cabinet.
To Robert R. Livingston. St Petersburg, March
12th, 1783, .--... 420
Conversation with one of the Russian Cabinet, who declares there will be no impediment to his re- cep^on.
To Robert R. Livingston. St Petersburg, March 21st, 1783, 422
Importance of a direct intercourse with the West Indies. — Intends to return to the United States. — Insufficiency of the appointment for a Minister at the Russian Court.
To Robert R. Livingston. St Petersburg, April
17th, 1783, 424
Has yet received no answer to his communication of his mission. — Intends to renew his application for an audience.
To Robert R. Livingston. St Petersburg, April 22d, 1783, 427
Enclosing a copy of his second letter to Count Os- termann, requesting to know the pleasure of the Empress on the subject of his mission. — Is in- formed that an objection will be made to his let- ter q£ credence, on the ground, that it b^ars date prior to the acknowledgment of the independence of the United States by Great Britain. — Reasons which should prevent Congress from granting new letters on that account.
To Robert R. Livingston. St Petersburg, April 25th, 1783, - 430
Interview with Count Ostermann, who declares that the Empress could not receive a Minister from the United States till the conclusion of the defini- tive treaty between the belligerents ; that she could not then receive one whose letter of cre- dence wa^ dated prior to the acknowledgment of their independence by Great Britain, nor prior to her own acknowledgment of it, nor. previous to the reception of an American Minister by Great Britain. — The Count declines delivering these objections in writing. — Mr Dana replies to these objections. — Is advised to send a memorial to the Vice Chancellor, showing the fallacy of his objec- tions to Mr Dana's reception.
Robert R. Livingston to Francis Dana. Phila- delphia, May 1st, 1783, 436
Enclosing resolutions recalling Mr Dana. — Mr
CONTENTS. XXIU
Page» Dana has no power to sign a commercial treaty, and there can be no advantage in joining the IVla- rine Convention.
To Count Ostermann. St Petersburg, May 8th, 1 783, 438
Enclosing a Memorial to Count Ostermann, contain- \
ing the objections of the Count to the reception of an American Minister, with Mr Dana's replies.
To Robert R. Livingston. St Petersburg, May
9th, 1783, 449
Transmitting his Memorial to Count Ostermann.
To Robert R. Livingston. St Petersburg, May
9th, 1783, 44^
Reasons for presenting his Memorial as containing only his private sentiments. — Intention of return- ing.— Effect of the acceptance of the mediation of Russia by the belligerent powers on the present policy of the Empress.
To Robert R. Livingston. St Petersburg, May 13th, 1783, - 451
Absurdity of the objections on the part of Russia, to the immediate reception of an American Min- ister.— The other neutral powers are desirous of forming connexions with the United States. — In case no answer is returned, intends leaving Pe- tersburg for Stockholm.
To John Adams. St Petersburg, May 15th, 1783, 453
Objections to his reception. — Congress ought not to consent to issue new letters of credence oflater date.
Robert R. Livingston to Francis Dana. Philadel- phia, May 27th, 1783, - - - - 455
Transmitting resolutions of Congress, directing that the commercial treaty with Russia be limited to fifteen years, and be subject to the approbation of Congress. — Kequesting information on the condi- tion of Russia.
To Robert R. Livingston. St Petersburg, May 30th, 1783, 457
Prepares another letter to the Vice Chancellor, de- siring an answer to his Memorial. — A promise of an answer prevents the sending of this letter. — In case his reception is not determined on, intends to leave the country. — Prospect of a war between Russia and Turkey. — Russia has become mistress of the Black Sea. — ^Rumored project of the House of Bourbon to render the Mediterranean a privi- leged sea by a confederation of the powers occu- pying its snores.
To Robert R. Livingston. St Petersburg, June
6th, 1783, -459
Answer to his Memorial not given as promised. —
XXIV CONTENTS.
Page.
The delay is probably caused by the expectation of the conclusion of the definitive treaty.
To Robert R. Livingston. St Petersburg, June
17th, 1783, - 460
Has an audience of Count Ostermann; who explains away his former objections. — Written answer of the Count, stating that Mr Dana shall be received when the definitive treaties are concluded. — An- swer of Mr Dana to the note of Count Oster- mann. — Reasons for not transmitting more full . information relative to Russia.
Mr Dana's plan of a Commercial Treaty between Russia and the United States, - - - 466
To Robert R. Livingston. St Petersburg, June 24th, 1783, 495
Prospect of a war between Russia and the Porte. — American vessels in Russian ports.
To Robert R. Livingston. St Petersburg, July 1st, 1783, - - - - - - 497
Visit of the Empress to the King of Sweden. — Forces of the two powers on their mutual boun- dary.— Prospect of a war with Turkey, and proba- ble consequences. — Changes of the corps diplo- matique at the Court of St Petersburg.
To Robert R. Livingston. St Petersburg, July 8th,
1783, .--..-- 499
Alliance, offensive and defensive, of Austria and Russia against Turkey. — Probable policy of the other powers.
To Robert R. Livingston. St Petersburg; July
27th, 1783, 501
Having received the resolutions of Congress, per- mitting his return, he will not wait for an audi- ence.— Conceives his instructions direct him to conclude a commercial treaty with Russia.
To Robert R. Livingston. St Petersburg, August 8th, 1783, 504
Informs Count Ostermann of his intention to re- turn.
To Robert R. Livingston. St Petersburg, August
17th, 1783, 505
Encloses his letter to Count Ostermann, stating ill health to be the cause of his departure. — Inter- view with Count Ostermann relative to his re- turn.
To the President of Congress. Cambridge, De- cember 17th, 1783, - - - - - 510 Announcing hit return.
THE
CORRESPONDENCE
OF
JOHN JAY;
MINISTER PLENIPOTENTIARY TO THE COURT OF
SPAIN, AND ONE OF THE COMMISSIONERS
FOR NEGOTIATING PEACE.
VOL. VIII. 1
THE
CORRESPONDENCE
OF
JOHN JAY.
CORRESPONDENCE CONTINUED.
ROBERT R. LIVINGSTON TO JOHN JAT.
Philadelphia, December 13thy 1781.
Dear Sir, My last letter of the 28th of November, sent by the Mar- quis de Lafayette, must for the most part have been unin- telligible to you, owing to an unfortunate mistake of Mr Thompson, who delivered me a cypher sent by Mr Palfrey, which you never received, instead of that sent by Major Franks. The duplicate enclosed is in the last, so that you will no longer be at a loss for my meaning. Since the date of that letter the enemy have thought it prudent to abandon Wilmington, in North Carolina. This port was extremely important to them, not only as it checked the trade of that State, but as it directly communicated with the disaffected counties. For it must be confessed, that though in other parts of the continent they bad only well
4 JOHN JAY.
wishers, in North Carolina they had active partisans. These they have left to the mercy of their country, and abandoned as disgracefully as the capitulation of York did those of Virginia. It is not improbable, that when Gen- eral St Clair joins the southern army, the enemy will evac- uate Savannah, as they are at present extremely weak there ; and unless they reinforce from New York, may be attacked with a prospect of success.
Your letter of the 20th of September has been received and read in Congress. They have not been pleased to direct any particular answer thereto, so that you are to consider it as their wish, that you execute the commission with which they have intrusted you.
You will see that I neglect no opportunity of writing. I flatter myself that you will be equally attentive to let us hear from you. It is not without some degree of pain, that we receive our earliest intelligence frequently from the Min- ister of France. I know you may retort upon us with too much justice, but I hope to give you less reason to do so in future, I send a packet of newspapers with this. I sent another sometime ago. I hope they may reach you. In one of them you will find an ordinance of Congress, which comprizes nil their resolutions with respect to captures ; and forfeits all British goods, which have not been taken, as prizes. Perhaps this may make some arrangements with the Court of Spain necessary ; that is, if any prize goods are re-shipped from thence to America.
I am, my Dear Sir, with the greatest esteem and re- gard, &tc.
ROBERT R. LIVINGSTON.
DIPLOMATIC CORRESPONDENCE.
ROBERT R. LIYINGSTON TO JOHN JAY.
Philadelphia, February 2d, 178S.
Dear Sir,
Having heard that a vessel is soon to go to Cadiz from Baltimore, I embrace the opportunity to send a quadrupli- cate of my last letter, and to add thereto the little informa- tion which this inactive season affords. Nothing passes here between the armies ; they are cantoned at a distance from each other. The enemy is secure from attack by the nature of their situation ; and we by our numbers, our success, and the apprehensions of Sir Henry. We turn our faces therefore to the south, and expect from the enter- prise of General Greene an activity, which the season will not admit of here.
I had a letter from him of the 13th of December, which contains the latest advices. His camp is at Round O. He writes in high spirits, and assures me he is preparing for the siege of Charleston, which he is not without hopes of carrying even before any foreign assistance can arrive. I must confess for my own part, notwithstanding the natu- ral coolness of General Greene, that I believe he is roach too sanguine on this occasion ; for I have no conception that his means are adequate to so important an object, more especially, as troops have since the date of his letter sailed from New York, as I suppose for Charleston.
The governments of Georgia and Carolina are again established, and their legislatures are now sitting. The detestation of the people for the British can hardly be con- ceived. General Greene's letter expresses it in the' fol- lowing words ; "The tyrants of Syracuse were never more detested than the British army in this country ; even th^
6 , JOHN JAY.
slaves rejoice, and find a kind of temporary freedom from oppression on the return of their masters."
I congratulate you upon the capture of St Eustatia and St Martin's. The enterprise does the highest honor to the abilities and spirit of the Marquis de BouilI6 ; and his dis- interested generosity is finely contrasted with the sordid avarice of the British commanders.
Order and economy have taken place in our finances. The troops are regularly clothed and fed at West Point, and most of the other posts, at the moderate rate of nine- pence a ration when issued, so that the innumerable band of purchasing and issuing commissaries is discharged. The hospitals are well supplied in the same way, and small advances of pay are made to the officers and men. Upon the whole, they were never in so comfortable a situation as they are at present. Our civil list formed upon plans of the strictest econotny, after having been many years in arrear, is now regularly paid off; and the departments, in consequence of it, filled with men of integrity and abilities. Embargoes and other restrictions being removed, our com- merce begins to revive, and with it the spirit of industry and enterprise ; and what will astonish you still more is, that public credit has again reared its head. Our bank paper is in equal estimation with specie. Nothing can be more agreeable than to see the satisfaction with which peo- ple bring their money to the bank, and take out paper ; or the joy mixed with surprise with which some, who have hesitatingly taken bank bills for the first time, see that they can turn them into specie at their option.
Whether Spain wishes for peace or war, it is certainly her interest to push the enemy where they are most vul- nerable, and where she can do it with the smallest expense
DIPLOMATIC CORRESPONDENCE. 7
to herself, and the greatest to her enemy. Erery addi- tional man she enables us to maintain here, forces Britain to lay out four times as much in procuring, transporting, and feeding another to oppose him. It has been acknowl« edged in the British House of Commons, that every man in America costs the nation annually one hundred pounds sterling. Though this may appear exorbitant, yet whoever reflects on the first expense of raising and transporting a regiment, and the additional charge of sending over re- cruits to make up deficiencies, and that of sending provy- ions to an army and its innumerable dependants three thousand miles, will think it deserves some degree of credit. It is obvious then as nations are only strong in proportion to the money they can command, that every thousand men we oblige the British to maintain here must make a diminution of their strength in some other quarter, equal to three times that number.
Enclosed you have copies of two original letters from Mr Deane, in which he acknowledges others that Riving- ton has published, which speak a still more dangerous lan- guage. No doubt is entertained here of his apostacy, or of his endeavor to weaken the efforts of the United States, and to traduce the character o( the people and their rulers, both in Europe and America. You will doubtless use every means in your*power to destroy the ill effects, which his calumnies may have had upon the minds of people with you. I enclose you the gazettes, and again entreat you to let us hear from you more frequently, and to leave letters at all times at Cadiz, and in the hands of our Consul in France, so that no vessel may sail without bringing us some intelligence. The last letter we had from you is dated in September, near five montlis ago. I dare say this has
^■'■•.
8 '• JOHN JAY.
.* ■ ">
been ow^ to some accideotal cause, and I only mention it, that you may guard agabst it by writing more frequently in future^ as the sD6nce of our Ministers excites more un- easiness here than you can conceive. Pray send me, when no other subject presents itself, and you have leisure, a sketch of the government of Spain, and the present state of its trade, marine, military establishments, commerce, revenues, and agriculture.
I could also wish to have the Madrid Gazette, and Mer- C)^y, and the Court Kalendar of this year. I have the pleasure of informing you, that your friends here are well, and as numerous as ever.
I am, my dear Sir, with those sentiments of esteem and friendship, which I shall always feel for you, your most obedient humble servant,
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON, SECRETARY OF FOREIGN
AFFAIRS.
Madrid, February 6th, 1782.
Dear Sir,
The Secretary of the Minister of State sent me yester- day morning your favor of the 13th of December last, accompanied by various papers.
These are the first letters or papers of any kind, that I have as yet had the pleasure of receiving from you since your appointment ; and they must for the present remain unintelligible for the want of your cypher. The one men- tioned to have been enclosed with these papers is missing, and the other never came to hand.
On the 29th of November last, I received a pack^et, in
¥
DIPLOMATIC CORRESPONDENCE^ 9
which 1 found enclosed a set of cyphers endflMM by Mr Secretary Thomson, and nothing else. Mr Barclay had sent it by the post^ under cover to a banker here. It bad evident marks of inspection, but I acquit the banker of any hand in it.
A letter of the 18th ult. from Mr Joshua Johnson, at Nantes, mentions the arrival there of the brig Betsey, from Philadelphia, and that she brought letters for me, which were put into the post-office by the captain. I havit not yet seen them.
There are letters in town, brought by the Marquis m Lafayette to France ; but I have not yet received a line by or from him.
We must do like other nations ; manage our correspon- dences in important cases by couriers, and not by the post.
I have not written you a single official letter, not having been ascertained of your having entered on the execution of your office. I have, indeed, sent you by more than one opportunity my congratulations on your appointment.
You may rely on my writing you many letters, pri- vate as well as official, and as I still have confidence in Mr R. Morris's cypher, I shall sometimes use it to you.
A duplicate of my letter of the 3d of October to Con- gress, which goes with this, renders it unnecessary for me to go into particulars at present. Nothing having since happened but a repetition of delays, and, of consequence, additional dangers to the credit of our bills.
I am, dear Sir, fcc.
JOHN JAY.
VOL. VIII. 2
10 JOHN JAY.
TO THE PRESIDENT OF CONGRIBSS.
Madrid, February 6th, 1782.
Sir,
My last particular letter to your Excellency was dated the 3d of Octobet last, by Major Franks. I now trans- mit a duplicate of it by Mr Stephen Codman, a young gentleman of Boston, who is passing through this city to Cadiz, from whence he will either be the bearer of it him- self to America, or forward it by some person of confi- aence.
From the date of that letter to this day, the Minister has found it convenietit to continue the system of delay men- tioned in it. I have not been able to obtain anydiing more than excuses for procrastination, and these excuses are uniformly want of health, or want of time.
There is little prospect of our receiving speedy aids from this Court, and Dr Franklin gives me reason to fear, that a great number of the bills drawn upon me must, after all our exertions to save them, be finally protested for non-payment. I have, from time to time, given the Doctor a great deal of trouble on this subject, and I ought to acknowledge, that I am under many and great obliga- tions to him for his constant attention to our affairs here.
As soon as I get a little better of the rheumatism, with which I am now, and have for sometime past been much afflicted, I shall write your Excellency another long and particular letter.
I have just received, through the hands of the Minister's Secretary, a letter from Mr Livingston, dated the 13th of December, marked No. 3. It is in cypher, but I cannot read it, nor a duplicate of No. 2, enclosed in it, for want of
DIPLOMATIC CORRESPONDENCE. H
a key, which, though mentioned to have been enclosed, is missing. None of his other letters have reached me. A duplicate of Mr Thomson's cypher, brought by Mr Bar- clay, came to me through the post-office with such evident marks of inspection, that if would be imprudent to use it hereafter.
Notwithstanding all our difficulties here, I think we should continue to oppose obstacles by perseverance and patience, and my recall should rather be the result of cool policy than of resentment. I am somewhat inclined to think, that it may become politic to suspend it on the reply of the Court to a demand of a categorical answer. Unless the Minister's system should change, (for they still give me hopes) it might perhaps also be proper for me to consult with Dr Franklin and Mr Adams on the subject, and send Congress the result. For this purpose, I sub- mit to Congress the propriety of giving me permission to go to France or Holland.
Advantages are certainly to be derived from preserving the appearance of being well here ; and such is the gene- ral opinion at present. But I am still much inclined to think it advisable to push this Court by a demand of a categorical answer. I doubt their venturing to break with us. The French Ambassador thinks it would be rash, and opposes it. Hence principally arises my suspense.
I have the honor to be, &c.
JOHN JAY.
12 JOHN JAY.
TO ROBERT R. LIVINGSTON.
Madrid, February 16th, 1782.
Dear Sir,
No letters by the Marquis de Lafayette have as yet reached me. I had the honor of writing to you on the 6th and 13th instant.
We were yesterday informed, and so the fact is, that the Castle of St Philip surrendered by capitulation to the Due de Crillon, on the 4th instant. There was no breach made, nor any of the out-works taken. The gar- rison are to go to England and remain prisoners of war till exchanged.
1 am to go to the Pardo this evening. There I shall learn some further details from the Minister. If I return sufficiently early for the post, they shall be subjoined.
Things look better just at present ; but my sky has hith- erto been so like an April one, that I dare not as yet flatter you or myself with settled fair weather.
I am, Dear Sir, with great esteem and regard, he.
JOHN JAY.
TO ROBERT R. LIVINGSTON.
Madrid, February 18th, 1782.
Dear Sir, I wrote to you a short letter on the 16th instant. I have procured a copy of the gazette to be published tomor- row, and I send enclosed as much of it as contains the arti- cles of capitulation for Fort St Philip. This event takes place very opportunely, and will have a fine effect in Eng- land. Things begin to look more promising ; but I avoid particulars for a week or two, that I may have a better
DIPLOMATIC CORRESPONDENCE. 13
opportunity of judgiog what reliance may be placed in pres- ent appearances.
With great esteem and regard, I am, Dear Sir, &c.
JOHN JAY.
P. S, Not a letter yet by the Marquis de Lafayette.
ROBERT R. LIVINGSTON TO JOHN JAY.
Philadelphia, March 8th, 1782.
Dear Sir,
I shall leave town tomorrow, and be absent a few weeks. I do not care to do it without letting you know, that we have nothing worth tetling you. For want of positive, you must be content with negative information, which sometimes has its use, and failing of any other at least serves to pro- voke an answer, and makes those to whom it is addressed ashamed of their silence, when they can collect anything to communicate. I just now learn that General Greene has moved to the Quarter House, five miles from Cliarles- ton, and detached a part of his army to Georgia. The enemy have evacuated all the outposts they held in that State, and retired into Savannah. It is imagined that they will shortly evacuate and concentre their forces at New York. Empty transports have sailed from the latter place, but whether to bring away the troops from Charleston I cannot say. We are extremely anxious to hear the event of a battle, which has been fought in the West Indies be- tween the fleets, but of which we know nothing certain.
Enclosed you have a copy of a letter from Mr Pollock, who is well acquainted with the country about the Missis- sippi ; it contains some information which may be of use to
14 JOHN JAY.
you. I also enclose you sundry resolutions of Congress, organizing the office of Foreign Affairs, from which you will learn the extent of my powers, and not be misled by supposing them greater than they are.
I am, Dear Sir, with great esteem and affection,
ROBERT R. LIVINGSTON.
ROBERT R. LIVINGSTON TO JOHN JAY.
Philadelphia, April 27th, 1782.
Dear Sir, »
I informed you in my letter of the 16th ins^tant,* that yours of the 3d of October had been received and submit- ted, to Congress in my absence, and, as I had then reason to think, that it would be answered by them. This I wished because I was persuaded it would express their approba- tion of your conduct, and afford you that intimate know- ledge of their sentiments, which the delicacy of your situa- tion renders particularly important. They have, however, judged it proper to refer the letter to me. I shall en- deavor to preserve the advantages I have mentioned to you, by reporting this answer.
Acquainted with the expectations of Congress, and the grounds on which they formed them, you will easily be- lieve, that they are equally surprised and concerned at the little attention hitherto shown by Spain to their respectful solicitations. They -had learned from every quarter that his Catholic Majesty, among the princely virtues he pos- sesses, was particularly distinguished for his candor, and that open dignity of character, which is the result of having
* This letter is in cypher, and the key has been lost.
DIPLOMATIC CORRESPONDENCE. 15
no views that he found any reluctance in disclosing ; and that the Ministers in whom he confided, breathing the spirit of the Prince, were above those artifices, which form the politics of inferior powers. They knew the insuhs which Spain had received from Great Britain, and they could con- ceive no reason why she should conceal or refuse to return them by supporting openly the people, whom Britain un« justly endeavored to oppress. These principles, confirmed by the frequent recommendations of those whom they be- lieved to be acquainted with the sentiment of the Court of Madrid, induced them to send a Minister to solicit the favorable attention of his Catholic Majesty to a people who were struggling with oppression, and whose success or mis- carriage could not but be important to a sovereign, who held extensive dominions in their vicinity. Give me leave to add. Sir, that in the choice of the person, they were not inattentive to the dignity of the Court ; or to the candor and integrity by which they were supposed to be influen- ced. I would not have you infer from what I have said, that the favorable sentiments, which the United States have hitherto entertained of the Court of Madrid, have under- gone the least alterauon. They are satisfied that nothing would be more injurious to both nations, than to permit the seeds of distrust or jealousy to be sown among them.
But though those who are well informed feel no abate- ment of respect or esteem for the virtue and magnanimity of his Majesty, and do full justice to the integrity and abili- ties of his Ministers, accepting the apologies you mention, and attributing to their true causes the delays and neglects you have unhappily expsrienced, yet they are in the utmost pain, lest they should work some change in the sentiments of the people at large, in whom with us the sovereignty
16 JOHN JAY.
resides, and from thence diffuse themselves into the gov- ernment, and be productive of measures ruinous to that friendly intercourse, that spirit of amity, which it is the wish of those who are acquainted with the true interests of both countries to promote.
After the war was declared by Spain, those among us who had formed the highest ideas of her magnanimity, persuaded themselves that she would act advisedly for us when she found us in distress. They grounded their be- lief upon the avowed spirit of the nation, and the policy of adopting measures to re-animate us and damp the ardor of the enemy, and to make such impressions upon our hearts, as to give them in future a considerable influence on our councils. Our disappointment in this expectation, though perhaps to be accounted for upon very natural principles, has been greatly aggravated by the sedulous endeavors of the enemies of both countries to create distrust and jeal- ousies. They artfully insinuate, that Spain seeks only to draw advantages from our wants, without so far interfering in our affairs as to involve herself, if we should be unsuc- cessful. These insinuations are gaining ground, and it be- comes daily more necessary for Congress to be furnished with reasons to justify to their constituents the concessions they have proposed to make, or to withdraw those con- cessions when they are found ineffectual. Yet they find much reluctance in discovering the least want of confi- dence in the Court of Madrid ; and though their present situation might fully justify them in not parting with the important rights you are empowered to concede, without stipulating some very valuable equivalent, yet they cannot be induced to make any alteration in your instructions on this subject, till you shall have reason to conclude, that
DIPLOMATIC CORRESPONDENCE. n
nothing can he done towards fornring the alliance they have so much at heart ^ not only because of' the influence it will immediately have in accelerating the peace, but b^ cause of the advantages, which Spain and America may reciprocally promise each other in future, from the lasting connexion which will be erected thereon-
Though the d^ays you have met with afford room to suspect, that Spain wislies to defer a particular treaty with us till a general peace, yet I see so many political reasons against such a measure, that I can hardly presume they will adopt it.
At the close of a successful war, a great and powerful nation, to whom a character for justice and moderation is of the last importance, can in no case demand more than a compensation for the injuries received. This compensa* tion Will, indeed, be measured in part by their success. But still it has bounds, beyond which a nation cannot go with dignity. Spain has insisted upon the cession of Gib- raltar as a preliminary to a peace. This is, of itself, a considerable compensation for any damage she may have sustabed. Should she carry her demands further, and agreeably to the ideas of the Spanish Ministers, expect to have any exclusive right to the Gulf of Mexico, and the river Mississippit she must not only demand Elast and West Florida of the British, but she must support the claims of Great Britain against those of Ainerica, the claims of an enemy against the rights of a friend, in order that she may make still further demands.
Will it consist with the dignity of his Catholic Majesty to ask, for the short space in which he has been engaged in the war, not only Gibraltar, but the two Floridas, the Mississippi, the exclusion of Great Britain from the
VOL. VIII. 3
Ig JOHN JAY.
trade to the Bay of Honduras ; while the other branch of the House of Bourbon, who engaged early in the contro- versy, confines her demands to the narrowest limits ? Will he expose himself to the imputation of despmling an ally, (for such we are in fact, though we want the name) at the instant that he is obtaining the greatest advantaged from the distress, which that ally hasj at least in part, contribu- ted to bring upon his enemy? And this too, without the least necessity, when he mafy, by accepting and pur- chasing our title, appear to have contended for the rights of the United States. This will then make no part of the satisfaction to which he is entitled from Great Britain ; he may justly extend his demands to other objects; or exalt his character for moderation, by limiting them to narrower bounds. This mode of reasoning will come with more weight, when we display our rights before impartial mediators, and show that recent conquests have been added to our ancient title, for it cannot be doubted, that we shall at the close of the war make the most of those rights, which we obtain no equivalent for, while it continues.
I persuade myself, therefore, that Spain will not risk the loss of so important an object as the exclusive naviga- tjon of the Mississippi, by postponing the treaty to a gene- ral peace, more particularly as a treaty with us will secure bur concurrence in their views at a general Congress, as well as save them the necessity of making demands incon- sistent with that character for moderation, whjch their great power renders important to them.
Congress flatter themselves, that the surmises on this subject are groundless, and that before this reaches you, the treaty will be far advanced. Should they be mistaken, you will take measures to know from Spain, whether she
DIPLOMATIC CORRESPONDENCE. IQ
accepts your concessioQ as the price of our alliance^ and upon what terms. If tbey are such as you cannot close with, and the treaty raust break off, be persuaded, that any steps you have taken or shall take, not inconsistent with the. respect due to his Catholic Majesty, to pi^event the cessions you are empowered to make from militating against our rights, will be approved by Congress.
Congress presume you will find no difficulty in knowing the intentions of bis Majesty on this subject, since they wish you to treat his Ministers with that unreserved confi- dence, which becomes the representative of a nation, which has no views that it does not avow, and which asks no favor which it does not hope to return, and, as in the present happy state of his Majesty's affairs, they can conceive no reason for disguising his designs, they are satisfied, that your frankness wiH meet from his Ministers with the con- fidence it merits.
I make no observations on the hint the Count de Flor- ida Blanca gave you, with respect to the restitution of such sums as Spain might be pleased to advance to us ; be- cause, whatever claims we might set up to a subsidy from the share we take in the burthen of the war, and the utility of our exertions in the common cause, we are far from wishing to lay ourselves under any pecuniary obligations for a longer time than is absolutely necessary. A few years of peace wiU enable us to r^pay with interest any sums, .which our present necessities compel us to borrow.
I cannot close this letter without expressing the grate- ful sQnse, that: Congress entertain of the disinterested con- duct of Spain, in rejecting the proffers of Great Britain, which roust uiuloubtedly have been considerable, if they bore. that proportion to the importance qf his Catholic
20 JOHN JAY.
Majesty in the great system of politics, which those that have been frequently thrown out to lead the United States to a violation of their engagements, have done to their comparatively small weight in the general scale. But as America never found the least inclination to close with the insidious proposals of Great Britain, so she finds no difficulty in believing, that the wisdom and magnanimity of his Catholic Majesty will effectually guard him agaiiist every attempt of his natural enemy, to detach him from those, who are daily shedding their blood to avenge his injuries in comnK)n with their own. I have the honor to be, &c.
ROBERT R. LIVINGSTON.
BOBERT R. LIVINGSTON TO JOHN JAT.
PhUadelphia, AprU %th, 1782.
Dear Sir, You will receive with this a letter dated yesterday. You w31 judge how far it may be expedient to ground demands on the right we have to a compensation for our share of the burden and expense of the war, if the issue should be as favorable as we have reason to expect. Our strength is so much underrated in Europe, that you will find it proper to represent it as it really is. Our regular army, including the French troops, will consist of about
men. They are well disciplined, clothed, and fed ; and having for the most part seen seven years* hard service, I believe they may be counted equal to any troops in the world. Our militia are in excellent order, and chi^y disciplined by officers who have left the regu- lar service. While the army lies in the middle States, it
DIPLOMATIC CORRESPONDENCE. 21
can in ten or fifteen days receive a reinforcement of
men for any particular service. Facts, that you can easily call to mind, will evince that any deficiency in the regular troops is amply made up by thb supply. These are loose hints by no means directory to you. Con- gress mean as little as possible to clog you with instruc- tions. They rely upon your judgment and address to reconcile whatever differences may appear to be between the views of Spain, and the interests of these States.
I have the honor to enclose 'an important resolution, which I fear to put in cypher, both because you seem to be at a loss about your cypher, and because it would be of little use, considering the accident which you say has happened to it.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON.
Madrid, April 28th, 1782.
Dear Sir, My letter to his Excellency, the President of Congress, of the 3d of October last, of which a copy has also been since sent, contained a full and accurate account of their afiairs here. Many minute and not very interesting details of little difficulties were omitted, and among others, those which arose from my having no funds for the bills payable in October and November, &c. Sic. The experience I had gained of the disposition of this Court, and the delays which attend all their decisions and operations, induced me to consider my obtaining timely supplies from hence as very uncertain. I therefore wished to have an occasional
22 JOHN JAY.
credit from Dr FraDldin, to be made use of as necessity might require, and, for that purpose, wrote hitn the follow- ing letter on the 10th of September, viz.
TO DB BENJAMIN FBANKLIN.
"St Ildefonso, September 10th, 1781. .
"Dear Sir,
"My last to you was of the 20th day of August last, by Dupin, the f^rench Ambassador's courier. Major Franks, with despatches from Congress, and from Mr Robert. Mor- ris, is now with me, and will proceed to Passy as soon as I shall be enabled to write to him.
"He will bring you a copy of Mr Morris's letter to me, from which you will see the present state of American finances, and the measures he is prosecuting to amdiotate them. My former letters mentioned my apprehensions, that many more bills had been drawn upon me, than those for which the sum you authorised me to draw upon you for would satisfy. Near seventy thousand dollars will be wanted to pay those which have since arrived, and although I cannot think it improbable that provision may here be made for at least a part of that sum, yet the delays which usually attend operations of this kind render it highly necessary, that occasional resources be elsewhere had*
"This consideration, so far as it applies to the. payments to be made in the two succeeding months, obliges me again to recur to you.
' "The sanguine expectations entertained by our country from the appointment of Mr Morris, his known abilities, integrity, and industry, the useful reformations be has begun, and the judicious measures he is pursuing abroad, as well as at home, afibrd reason to hope, that under bis
DIPLOMATIC CORRESPONDENCE. 23
direction American credit will be re-established, and the evils which have long threatened us on that head avoided.
''It will be useless, therefore, to remark, bow important it is to prevent our credit from receiving a deep additional wound at the very moment when so much is doing to re- cover it. The protest of any of our public bills for .want of payment would at this period be more injurious than heretofore, and unless again saved by you, that cruel neces^ sity must take place with respect to those on me. Be- sides, as the singular policy of drawing bills without pre- vious funds will now be relinquished, we have reason to flatter ourselves, that we shall in future have no embar- rassments of this kind to struggle with. I am well per- suaded, that Mr Morris will not pursue such hazardous and unprecedented measures, and, therefore, as in all human probability the present difficulties will be all that we shall have to surmount, I hope you will think with me, that the utmost exertions should be made for the purpose, and that after having done so much to save the credit of American bills, you will still be disposed to do everything in your power to put it out of danger.
"When it will be in my power to replace the sums drawn from you, is hard to divine. All I can say or do is to assure you, that nothing but want of ability shall delay or prevent it.
"When I consider how much might have been saved, bad my bills on you been sold to those who would have taken them on the best terms, I cannot forbear thinking, it would be advisable to give me only general authority to draw for such sums as I may want, not exceeding the one you may limit.
"The sum wanted for October is twelve thousand five
24 JOHN JAY.
hundred and sixtyseven dollars, and for November three thousand and six hundred.
^^I particularise only the payments due in these two months, because, before the first of December, I hope my expectations from other quarters will at least be ascer- tained*
^'I am, Dear Sir, with great and sincere regard and es* teem, your obliged and obedient servant,
JOHN JAY."
**P. jS. The Marquis dTranda has received a letter from Mr Grand, informing him that no more bills are to be drawn upon you by me without further order. ' I am a little at a loss to determine whether this restriction is in- tended to extend to the balance, which remains of the twentyfive thousand dollars allotted for the payment of the bills at two months' sight, and for which I was only to draw as occasion might require.
'^Lest my having refused to accept some bills drawn upon me by Congress, should give rise to reports preju- dicial to their credit, I transmit herewith enclosed a state of that case; you will be pleased to make such use of it, as circumstances may render necessary. I gave a copy of it to the gentleman who presented the bills, and desired that it might be recited at large in the protest. J. J."
It was not till after several of the bills due in October had become payable, that I received the Doctor's friendly answer of the 29th of September, in which he permit- ted me to draw for the sum requested ; so that had not M. Cabarrus, my banker, consented to make the neces- sary advances, I should have been extremely embarrassed, for, as I before apprehended, any reliance for immediate
DIPLOMATIC CORRESPONDENCE. 25
though small supplies from this Court would have proved delusive.
This credit from Dr Franklin enabled me to see our bills duly paid for two months, and I had some faint hopes that before the month of December should arrive with fur- ther bills, the intention of this Court, on the subject of sup- plies might be ascertained.
I will now proceed to resume the narrative of our afiairs here from the date of my abovementioned letter to the ^President, of the 3d of October last, confining myself to such matters as appear to me necessary to enable you to form a just and clear idea of my negotiations.
My letter of the 3d of October mentions my having been then lately promised, that a person should be ap- pointed to confer with me, as well on the subject of my propositions for a treaty as on that of my application for aids, and that his instructions should be completed before the Court should remove from St Ildefonso to the Escurial, which was soon to take place.
This communication was made to me on the 27th of September, and, lest pretext for delay might arise from my absence, I determined to remain at St Ildefonso until the Court should be on the point of leaving it.
On the 5th of October I found that no further progress in our affairs was to be made before the Court should be settled at the Escurial, to which they were then preparing ' to go. I therefore concluded to return to Madrid, and, with the approbation of the Ambassador of France, 1 wrote the folbwing note to the Minister, viz.
"Mr Jay presents his compliments to his Excellency, the Count de Florida Blanca, and has the honor of informing
VOL. VIII. 4
26 JOHN JATf.
him that he purposes to return to Madrid tomorrow, and will with pleasure attend his Excellency's orders at tlie Es- curial, as soon as it may be convenient to his Excellency to render his presence there necessary. ''St Edefonso, October 5th, 1781."
To this I received the following answer.
Translation.
"The Count de Florida Blanca presents his compliments to Mr Jay, and wishes him a pleasant journey. He will write to him as soon as he can say anything positive on the subject of his last note. October 5th, 1781 ."
Four days afterwards the Count sent me a complaint against Commodore Gillon, of the South Carolina frigate, then lying at Corunna, and I insert copies of the papers which passed between us on that occasion, not only because I ought to give an account of all interesting public transac- tions, but also that my conduct on this occasion may stand contrasted with that of the Minister on some other similar ones.
Recital of a Complaint exhibited by the Count de Florida Blanca against Commodore GxUon.
Translation.
"An American vessel of war has arrived at Corunna, having on board two soldiers, deserters from the Irish regi- ment of infantry. The commander of the Province having claimed them, the captain refuses to deliver them up on any pretext whatever, pretending, among other reasons, that all his equipage belongs to his Most Christian Majesty. This is not at all probable, for if the officers and crew
DIPLOMATIC CORRESPONDENCE. 27
were subjects of France, it would have been improper to pass off the vessel for a frigate of the United States, under the American flag. Besides, these deserters having fled to a French vessel of war, to the demand of their surren- der by the Spanish commander, it was replied on the word of honor of the captain, that they were not on board ; so that, supposing the frigate to be a French ship, there is reason to suppose that they would have been surrendered.
"The Count de Florida Blanca has thought it necessary to inform Mr Jay of these facts, in the full persuasion that he will have the goodness to write by the first post to the captain, in such terms as to induce him to surrender the deserters; it shall be understood, that they shall not be punished, and shall finish their engagements in their own corps, or in some other better paid.
"Mr Jay is too reasonable not to grant that it would be unjust for a vessel to appear in a port, solely to require and receive all sorts of attentions and marks of respect, (without any previous claim or engagement) and at the same time to refuse and deliver up any subjects, which it should have on board, of the sovereign of the country in whose name all these tokens of respect have been rendered.
''October 8, 1781."
ANSWER TO THE ABOVE.
"Madrid, October 9th, 1781.
"Sir, "The letter which your Excellency did me the honor to write on the 8th instant arrived this morning. I con- sider myself much obliged by the communication of the facts mentioned in it, especially as it affords me an oppor^ tunity of manifesting to his Majesty and to Congress my attention to his rights and to their orders.
28 JOHN JAY.
"I perfectly agree in sentiment with your Excellency res- pecting the impropriety of detaining on board the American frigate at Corunna, the two men claimed by the command- ant there, as deserters from one of his Majesty's regiments.
''Your Excellency's remarks on this subject are no less delicate than just ; and your assurance that these men shall not be punished renders a compliance with the requisition to deliver them up no less consistent with humanity than with justice.
''It gives me pleasure to confess, that the hospitable re- ception given to American vessels in the ports of Spain gives his Majesty a double right to expect, that their con- duct should at least be inoffensive. In the present case, (as stated in your Excellency's letter) I am fully con- vinced of the justice of this demand, that I should not hesitate to comply with it, even though made on a similar occasion by the Court of Portugal, from whose affected neutrality we suffer more evils, than we should experience from any open hospitality she is capable of executing.
"Agreeably to your Excellency's desire, I have written a letter (of which the enclosed is a copy) to the command- ing officer of the frigate in question ; and as the manner in which your Excellency's letter to me treats this subject cannot fail making agreeable impressions on Americans, I -shall take the liberty of sending a copy of it to Congress, as well as to the abovementioned officer.
"I cannot omit this opportunity of expressing my ac- knowledgments for your Excellency's promise to write to me from the Escurial, as soon as you shall be in a capacity to speak positively on the subject of my late letter. Per- mit me only to remark, that the season wears away fast, and that Congress must be extremely anxious to hear that
DIPLOMATIC CORRESPONDENCE. 29
the delays, which have so long kept them in a disagreeable state of suspense, are finally and happily terminated. "I have the honor to be, &ic. JOHN JAY."
The letter written to the commanding officer of the frigate, a copy of which was furnished to the Count de Florida Blanca, is as follows.
TO COMMODORE GILLON.
"Madrid, October 9th, 1781.
"Sir,
"The paper herewith enclosed is a copy of a letter which I received this morning from his Excellency, the Count de Florida Blanca, his Catholic Majesty's Principal Secretary of State, and Minister for Foreign Affairs.
"You will perceive from it that two men on board your frigate are claimed by this government, as deserters from one of his Majesty's Irish regiments of infantry ; and that you are said to have refused to deliver them up, because, among other reasons, your crew are the subjects of bis Most Christian Majesty.
"If the men in question are citizens of one or other of the United States of North America, and admitted to be such, refusing to deliver them up, as deserters from the service of Spain, may be proper, because while their own country is at war, they cannot without her consent enter into the service of any other power,
"If they are Spaniards, then they are the subjects of his Catholic Majesty, and ought not to be withheld from him.
"If they are foreigners, in that case whatever right they might have to enter into the American service, they cer- tainly had an equal one to enter into that of Spain ; and if they had previously engaged with the latter, their subse*
30 JOHN JAY.
quent enlistments with yot| were void, and Spain being in friendship with us has a just right to reclaim them.
"If they deny their having, enlisted in the Spanish ser- vice, still like all other foreigners who come into this king- dom they ought to submit to the justice of the country, and you ought not to screen them from it, especially as it cannot be presumed that the charge made against them is destitute of probability.
"As to the circumstance of your crew's being subjects of the Kjng of France, I cannot think that any argument to justify your detaining them can be drawn from it. For admitting them to be French subjects, yet as it may be lawful for them (Spain and France being allies) to enter into the service of Spain, the right of Spain to enlist must necessarily involve a right to compel obedience, and also to retake and punish deserters. Besides, as any questiotm about the legality of such enlistments concern only those two crowns, Americans cannot with propriety interfere.
"In whatever light I view this affair, I cannot perceive the least right that you can have to detain these men, after having been thus formally and regularly demanded by pro- per authority, as deserters from the service of his Catholic Majesty.
"You may observe that I treat this subject merely as a question of justice, arising from that general law, which subsists and ought to be observed between friendly nations.
"I forbear making any remarks on the impolicy of your persisting to detain these men. I hope never to see Amer- ica do what is right merely because it may be convenient. I flatter myself that her conduct will uniformly be actu- ated by higher and more generous principles, and that her national character will daily become more and more dis-
DIPLOMATIC CORRESPONDENCE. 31
tioguished, by disinterested justice and heroic magna- nimity.
"I shall take the earliest opportunity of transmitting a particular state of this affair to Congress, and I cannot doubt but that your conduct will merit their approbation, by being perfectly consistent with a just regard to the dig- nity and rights of a sovereign, who has acted not only justly hut generously towards our country.
'^If your reluctance to deliver up those men should have arisen from an apprehension of their suffering the punish- ment, which on conviction would be due to their offences, that reluctance ought now to cease, because his Excellency, the Miuister, has been pleased to assure me, that they shall not be punished, but only obliged to fuIQl those engage- ments, which they ought to have honestly performed in- stead of deserting.
''In short. Sir, although on the one hand, I will never advise or encourage you to violate the rights of the meanest map in the world, in order to answer poliiical purposes; yet on the other, I shall always think it my duty to advise and encourage both you and others to render unto Cssar whatever may belong unto Caesar.
"I am, &;c. JOHN JAY."
In answer to this letter, the Commodore wrote me one, which, according to the state of facts mentioned in it, showed that the charge against him was precipitate, and, as he in that letter predicted, I have never since heard any- thing further from the Minister on the subject.
You may recollect, that copies of certain letters from Colonel Searle and Mr Gillon, which I had just received, were subjoined to my letter of the 3d of October last. These letters were soon followed by several others. Colo-
Si JOHN JAY.
&el Searle's representations against the Commodore's con- duct were very strong, and tended to create an opinion, that the ship and public stores on board of her were in danger. He desired me to send some person to Corunna, with proper instructions on the subject, and as an additional inducement offered to transmit to me through him some important information, which had been confidentially com- municated to him in Holland by Mr Adams, and which he did not choose to hazard by a common conveyance.
Considering the nature of these representations, and the limits and objects of my commission and instructions, it became a difficult question how far 1 ought, and in what manner I could interfere. I finally judged it would not be improper to send Mr Carmichael down with instructions to make a full inquiry into the facts alleged against the Com- modore, and to use my influence with this government to stop the vesiel for the present, in case on such inquiry there should arise a very strong presumption, that such a step would be necessary to preserve her. Mr Carmichael did not think that a business of this kind was within the duty of his appointment, and he doubted his being able to ride post so far. This was a delicate business, and the ' management of it could with propriety be only committed to one, in whose prudence and circumspection much con- fidence might be reposed. It would havje been improper for me to have undertaken it, because I could not justify exposing by my absence our negotiations for aids and a treaty to unseasonable delays.
Soon afterwards I received a very long exculpatory let- ter from the Commodore. This letter placed his transac- tions in a different point of view, and inclined me to think that the proposed interposition on my part would have been iinoecessary.
DIPLOMATIC CORRESPONDENCE. 33
I forbear burthening these despatches with copies of the various letters I have received and written on this subject, as well because, as they relate to transactions in Holland «nd France, with the public agents and Ministers in those countries, they are not properly within my province, as because they contain nothing of sufficient importance to make it necessary for me again to send further copies.
You will be pleased to observe, that my last letter to the Minister was dated the 9th of October, and that there is a paragraph in it soliciting his speedy attention to the afiairs on which he had promised to write to me. I received no answer. Some weeks elapsed and the same silence con- tinued.
I consulted the Ambassador of France, as to the pro- priety of my going to the Escurial, and endeavoring to pre- vail upon the Minister to proceed in our affairs, observing that the measures of Spain, with respect to us, might be important if not to this, yet to the next campaign, and that the sooner they were decided, the better enabled Congress would be to regulate their future operations. He was of opinion, that as the Minister had promised to give me no- tice of the time when he would be able to transact these affiiirs with me, it would be most prudent to wait with pa- tience, somewhat longer, and not by an appearance of too great solicitude, to give him uneasy sensations. All things considered, this advice appeared to me discreet, and I fol- lowed it.
Thus the month of October produced nothing but ex- pectation, suspense, and disappointment.
About this time M. Ga^doqui mentioned to me a singu- lar ordinance which occasioned, and is explained in the following letter from me to the Minister, viz.
VOL. VIII. 5
34 JOHN JAY.
"Madrid, October 28th, 19B1.
^*M. Gardoqui informs me, that his Majesty was pleased 10 the month of March last to orderi Hhat when a pri^ taken by a French or Dutch vessel should arrive in a .port of Spain, the Marine Judge of the District should ' reduce to writing the evidence of the capture, and deliver it to the French or Dutch consul, (as the case might be) to be by faim transmitted to the Admiraltyi from whence the com- mission of the captors issued in order that the legality of Uie capture might there be tried ; and further, that the sentence which might there be passed should, on being duly certified to the aforesaid judge, be executed under his direction.' I am also informed, that on the 12tli instant, his Majesty was pleased to extend the abovementioned order to prizes taken by American vessels of war, and sent into any of the ports of Spftin.
^*So far as this order affects the United States of Ame- rica, I take the liberty of representing to your Excellency, that the execution of it will necessarily be attended With the following inconveniences.
*4st. The distance of America from Spain is so great, and the intercourse between the two countries rendered so precarious by the war, that many months must unavoidably elapse before the Sentence of an American Court of Ad- miralty can be obtained and executed here.
^'2dly. That by these delays all cargoes, or parts of car- goes, which may be of a perishable nature, will be lost, and the value of the vessel and rigging greatly diminished.
^^3dly. That as his Majesty has not as yet been pleased 10 grant the United States the privilege of having consuls in his ports, it is not in their power to provide for the trans-
DIPLOMATIC CORRESPONDENCE. 35
mission of the evidence of captures, in the manner speci- fied in the abovementioned order.
"4thly. That in case the prize should be claimed as a neutral vessel, the claimants must either prosecute their claim in America, or the sentence given there could not be influenced by it; and yet it is more probable, that those claimants would endeavor to avoid that expense and trouble, by applying here for an order to suspend the exe* cution of the sentence, as well as for a trial of the merits of their claim by a Spanish tribunal. In which case the same cause would become subject to two jurisdictions, and tried by two^ different independent courts, in two different countries.
'<TJ;iis order not being published, it is possible, that my information respecting it may not be right in all its parts ; though I have reason to believe from the usual accuracy of M. Gardoqui, (from whom I received this information) that I am not mistaken.
*^here is at present an American prize at Bilboa, and all judicial proceedings respecting it are now at a stand.
^*The importance of this subject to the United States, and in some measure to the common cause, will I hope apologize for my troubling your Excellency with these remarks, and for requesting, that the embarrassments in question may be removed, in such a manner as may be most agreeable to his Majesty.
^1 have the honor to be, Szx;,
JOHN JAY."
«
To this letter 1 never received any answer whatever. After waiting six or eight days I asked M. Gardoqui, who ,almost daily applied to me on the subject, what could be
36 JOHN JAY.
the reason of so much delay in a case, that admitted of so little doubt. He said he could only account for it by sup- posing, that the Minister had sent for the original order to prevent mistakes. I asked whether these royal orders were not regularly recorded at the time they were issued. He told ine they were not.
For my own part I rather suspect that this order treated us as an independent natioui and that the Minister found it difficult to establish any general regulations respecting our prizes or commerce, without meeting with that obsta- cle. M. Gardoqui informed me, that one of the Judges permitted him to read it, but would not let him take a copy of it, and that it only contained an extension to American prizes, of the regulations before ordained for Dutch and French ones.
As to the prize at Bilboa, a particular order was issued in that case for selling the ship and cargo, on the captors giving security to produce, within a year, an exemplifica- tion of a sentence of an American Court of Admiralty to justify it.
On the 5th of November, M. Gardoqui communicated to me certain letters and papers from which it appeared, that the Cicero, Captain Hill, had been stopped at Bilboa, by an order of the Minister, on a charge of improper con- duct towards one of the King's cutters. Upon this sub- ject I wrote the following letter to the Count de Florida Blanca, viz.
"Madrid, November 6th, 1781.
"Sir, "It gives me much concern to be informed, that the conduct of Captain Hill, of the Cicero, an American pri- vate ship of war, towards one of his Catholic Majesty^s
DIPLOMATIC CORR£SFOND£NC£. 37
cutters, has been so represented to your Excellency, as to have given occasion to an order for detaining him at Bilboa.
''This unfortunate affair is represented to me as follows.
"That Captain HiU, with a prize he had taken, was going from Corunna to Bilboa. That in the night of the 26th of Octobef last, he discovered an armed vessel ap- proaching the prize. Captain Hill suspecting it to be a Jersey privateer, hailed her, and ordered her to send her boat on board. They answered in English, that their boat was out of repair. This circumstance increased his suspicions that she was an enemy, and induced him to insist on their sending a boat on board y which not being complied with, he was persuaded it was an enemy, and accordingly gave them a broadside. Upon this they sent a boat to the Cicero and convinced Captain Hill, that the vessel was a Spanish cutter.
"If this is really a true state of the fact, and I have rea- son to believe it is, I am persuaded, that your Excellency will not think Captain Hill's conduct was unjustifiable, or contrary to the common usage in such cases. Having a valuable prize under his care, it was his duty to protect iti and as it was impossible for him at night to discover an enemy from a friend, in any other manner than the one he used, the Captain of the cutter certainly appeafs to have been remiss in not sending out his boat at first as well as at last.
"Both the Ciceiro and her prize now lie at Bilboa, laden with valuable cargoes, and expected to sail from thence for North America on the 16th instant. The pri- vateer alone has one hundred and forty men on board, and should they not be permitted to sail at the time ap-
38 JOHN JAY.
pointed, a very considerable expense must inevitably be incurred, because they would be obliged to wait for the next spring tides.
*^As no American vessel can have the least temptation to violate the rights of Spnin, but as on the contrary it is the well known interest, as well as disposition, of the Uni- ted States to cultivate the fKendship of his Catholic Maj- esty, I am convinced, that there was not in this case the least intention of disrespect to the Spanish flag. Permit me therefore to hope, that your Excellency will be pleased to permit the departure of these vessels by a general order, or on Captain Hill's giving security for the payment of such damages, as*he may become chargeable with, on the issue of a judicial inquiry into this transaction.
^'I assure your Excellency, that no citizen of America will be countenanced by the United States in any im- proper conduct towards his Catholic Majesty, or any of his subjects, and if 1 had the least reason to think, that Captain Hill was in this predicament, it would give me much more pleasure to hear of bis being punished than released.
"1 have the honor to be, &c.
JOHN JAY."
The Count*s answer to the above.
Translation.
''The Count de Florida Blanca has the honor to pre- sent his compliments to Mr Jay, and to assure him, that the information he has received relative to the affair of the Cicero privateer,, as set forth in his letter of the 6th instant^ is not correct, the Count having received frotin persons of respectability and entirely worthy of credit very accurate
DIPLOMATIC COKRESPONDENCE. 29^
Statements. It is therefore necessary, that some suitable satisfaction should be given, in order to serve as an exam- ple to restrain the captains of the American privateers within proper bounds. This is the more necessary, as it is not the first time that we have had reason to complain^ of their conduct, and to demand reparation, ^Si Lorenzo, November Sih, 1781."
REPLY TO THE ABOVE NOTE.
<<Madrid, November 12th, 1781.
"Sir,
"I have received the letter, which your Excellency did me the honor to write on the 8th instant.
''It gives me pain to hear, that the conduct of an Amer- ican vessel of war should be so reprehensible as that of the Cicero has been represented to be. It is proper that I should inform your Excellency, that the captains of all American private ships of war give bond with sureties, to fulfil the instructions they receive with their commis- aons ; and tliat these instructions enjoin them to behave in a proper manner towards friendly nations.
''As the honor and interest of the United States render it highly necessary, that their officers and citizens should, upon nil occasions, pay the most scrupulous regard to the rights of other nations, I must request the favor of your Excellency to communicate to me a state of the facts charged against Captain Hill, that by being transmitted im- mediately to America, Congress may be enabled to take such measures relative to him, as to deter others from the commission of the like ofi!ences.
"Your Excellency would also oblige me, by informing roe how the satisfaction demanded of Captain Hill is to
40 JOHN J At.
be ascertained, and to whom it is to be paid. As bis re- maining much longer in his present situation would be a great loss to his owners, I wish, for their sakes, that be may ba released as soon as possible ; and, I am per- suaded, that your Excellency will not think it necessary to detain him longer than until the satisfaction in question caa be ascertained and paid.
"I greatly regret that other American privateers have also given occasion to complaints. I assure your Excel- lency, that nothing on my part shall be wanting to prevent the like in future, and I am sure that Congress would con- sider themselves obliged, by your Excellency's putting it in my power to convey to them exact details of any com- plaints against their officers.
^'I have the honor to be, he.
JOHN JAY."
Much reason has been given me to believe, that the hard proceedings against Captaip Hill were not justifiable, and the Minister's declining to furnish me with a state of the » facts supposed to be alleged against him speaks the same language. What intelligence the Count may have respec- ting this misconduct of any other of our armed vessels, I know not, nor have I heard any other insinuations of that kind, except what are contained in his note.
The Count omitted to take any notice of my last letter on this subject, and it was not before the 26th of Novem- ber, that the matter was determined by the order alluded to in the following polite letter.
..«
DIPLOMATIC CORRESPONDENCE. 41
Translation.
"My Dear Sir, "From respect to your Excellency and to the American Congress, the King has determined that Captain Hill, on satisfying, or giving security to satisfy, the damage be has done to one of our vessels, on account of which he is de- tained, shall be at liberty to return to his country when he pleases. For this purpose 1 communicate the enclosed order to the Conregidor of Bilboa, and repeating myself to be at the service of your'Excdlency, I pray (xod to pre- serve you many years.
COUNT DE FLORIDA BLANCA."
The next day I sent the Count some American papers, which had just come tp hand, ai)d enclosed them with a card, in which there was this paragraph.
'^Mr Jay has received the letter, which his Excellency did bim the honor to write yesterday by M. Gardoqui, and is greatly obliged by the permission granted to Captain Hill to depart, as well as by the polite terms in which that circumstance is communicated to Mr Jay."
As further remonstrance on this subject would have been useless, I thought it best to appear satisfied, and not, by any expressions of discontent, to hazard new obstacles to the attainment of our more important objects.
I must now return to the old subject. Although the Count bad been some weeks at the Escurial, and I had in vain waited with great patience for the letter, which the Minister had promised to write to me on leaving St Ildc- fonso, yet as many bills would become payable in Decem- ber, and I was unprovided with funds, I thought it high time to remind the Minister of my situation. VOL. Tin. 6
42 JOHN JAT.
I therefore wrote him the foUowiog letter.
«Ma^d| Noyeaibet l6tli, 1781. "Sir,
"I find myself constrained to beseech your Excellency to think a little of my situation. Congress flatter them- selves, that the offers they have made would certainly induce his Majesty at least to assist them with some sup- plies. The residue of the bills drawn upon me remain to be provided for. Those payable in the next month amount to thirtyone thousand eight hundred and nine dollars. Would it be too inconvenient for your Excellency to lend us this sum ? Before January, when further bills would become payable, your Excellency may probably find leistite to giire me an answer respecting our propositions. The time presses ; I entreat your Excellency's answer. I can only add, tlritt I am, with great consideration and respect, &c. JOHN JAY.^'
To this letter t. never received any answer, and it is re- markable, that the Count's subsequent letter of the 26th of November, announcing the permission given to Captain Hill to depart, does not take the least notice, of it. What- ever might be the Minister's real intentions, as to furnish- ing me with the funds necessary to pay the bills to become due in December, it appeared to me imprudent to neglect any meaqs in my power to provide for the worst. I therefore apprised Dr Franklin (to whom I am under great obligations, and have given much trouble) of my hazardous situation by the following letter.
N
<<Madrid, Noyember 2lBt, 1781.
"Dear Sir, "It seems as if my chief business here was to fatigue you and our good allies With incessant solicitations on the
DIPLOMATIC CO^EESPONDENCE. 43
subjject (^ the ill timed biUs drawn upon ipe by Congress. It is bappy for 'me that you are a philosofdieri and for Qiir coumry that our allies are indeed our friends. AmicuM ceriuf in re ifuxrt» cemitur.
<<This Court continues to observe the most profound silence respecting our propositions.
'*I cannot as yet obtain any answer to any of my appli- cations for aids. Heretofore the Minister was too sick or too busy. At present his Secretary is much' indisposed. I have requested that he would lend us for the present only as much as wxnild satisfy the bills of December, vtz. thirtyone thousand eight hundred and nine dollars ; no an- swer. What is to be done ? I must again try and borrow a little, and, as usual, recur to you. Thank Grod, no new biUs arrive ; if they did, I should refuse to accept them ; ody a few straggling old ones now and then appear. *
"Would not the Court of France, on your representing Ihis matter to them, enable you to put an end to *diis un- happy business? Thirty thousand pounds sterling would do it. I am sure the erAs we should experience from the protest of these bills .would cost even France a vast deal more. You see my situation ; I am sure I need not press you to deliver me from it if in your power.
**i cannot yet believe, that all the assurances of this Court w31 vanish anto air. I still flatter myseif that Aey will afford us some supplies, though not in season. I think we might very safely offer to repay the French Court the psoposed sum in America, iot surely Congress would not hesitate to prefer that to the loss of their credit.
"I enclose a newspaper, whiefa givies mi reason to indulge the roost pleasing expectations. God grant they may be reafised. I liave a letter from Mr Gerry, dated at Marble-
44 JOriN JAY.
head the 9tb of October. He was then in daily eipectatibo of heariog that Lord Comwallis and his army v^ere our prisoners. He describes the last harvest as very abundant, and the general state of our affairs as very promising ; much more so, indeed, than ever they have been. <*I am, be. be*
JOHN JAY.''
This letter was conveyed by a courier of the French Ambassador. I did oot choose, by putting it in the post office, to give this Court an opportunity of knowing that I was endeavoring to obtain a credit for the sum in question, lest that circumstance might become an additional motive with them to withhold their assistance.
In short. Sir, the whole month of November wore away without my being able to ^advance a single step. M. Del Campo's illness afforded a tolerable good excuse for de- lay during the latter part of November, and the first three weeks in December.
On the 1st of December I found myself without any answer from Dr Franklin, with many bills to pay, and not a farthing in banHt M. Cabarrus, fortunately for me, was willing as well as able to make further advances, and to him I am indebted for being relieved from the necessity I should otherwise have been under, of protesting the bills due in that month.
The Coukt- removed firom the Escurial to Madrid with- out having bestowed the least attention either on the propo- sitions or different memorials on commercial matters, which I had submitted to the Minister. ' <
It was natural to expect, that our successes in Virginia would have made a very grateful imt>res5ion on this Court;
DIPLOMATIC CORRESPONDENCE. 45
but I am far from being persuaded that they considered these events as favorable to their views. Of this, some judgment may be formed from their subsequent conduct.
On tbe 6th of December I sent the MiAister the folbw- ing card, and a memorial from Mr Harrison at Cadiz, the nature of which will be best explained by a recital of it.
*^Mr Jay presents his compliments to the Count de Flor- ida Blanca, and has the honor of requesting' his attention to the enclosed memorial.
"Mr Jay had the honor of calling at his Excellency's on Tuesday evening last, but had the misfortune of not finding him at home. As Mr Jay wishes to regulate his visits by his Excellency's convenience, he begs the favor of his Excellency to inform him when it would be agreea- ble that Mr Jay should wait on his Excellency, and have an opportunity of conversing with him on the object of Mr Jay's mission."
Tbe answer I received to tbe letter, which accom- panied thb memorial, is as follows.
Translation.
"The Count de Florida Blanca will receive Mr John Jay whenever he may please to come, in the evening at half past seven or later, in his Secretary's office in the palace, except on Saturday evening next, when he will be engaged."
This note was not dated, but I received it the 7th of De- cember. On the same day I received a letter from Gene- ral Washington, dated the 22d of October, and enclosing copies of the articles of capitulation of Yorktown, and re- turns of prisoners, &c.
46 JOHW JAY.
This letter was brought to France by the frigate, which carried there the fijrst ioteHigepce of that important eveot, and yet it is remarkable that it did not reach me uDtil after these articles had been published in the Paris and Madrid gazettes. I nevertheless immediately sent copies to the Minister.
As to Mr Harrison's Memorial, no answer has beSft giv- en it to this day. Nor indeed have any of the representa- tions I have hitherto made to the Ministers relative to com- mercial grievances procured th^ least redress. Even the hard case of the Dover cutter still^reniains unfinished, not* withstanding my repeated aqd pressing applications on her half of tbe poor captor?. It is now more than a year since the Minister promised me that the cutter should be imme- diately appraised, and the value paid to the captors, one of whooi afterwards came here, and after waiting two or three iponths returned to Cadiz, without having received any other money than what I gave him to purchase his daily bread.
As the Minister could not see me on Saturday evening, it was not till Monday evenmg the 1 0th of December that I had lui opportunity to converse widi him.
He began the conversation by observing, that I had been yqry unfortunate, and liad inuch reason to complain of de- lays, but that they bad been unavoidable. That M. D^I Caropo had been appointed near three months ago to treat and confer with me ; that shortly after the Court removed from St lldefonso that gentleman's health began to decline ; and that his indisposition had hitherto prevented his attend- ing to that or any other business, but that he hoped by the time the Court should return from Aranjues (to which the King was then about to make a little excursion) he would
DIPLOMATIC CORRESPONDENCE. 47
be able to proceed on it, atid that he should have the ne* cessarjr instructioids for the purpose.
I told the Count, that these delays had given me great coQcerti, and that I was very solicitous to be enabled to give Congress some poritive and explicit infomiation, oti the business alluded to. He replied, that I must now con* fer on those subjects with M. Del Campo, for that for bis part his tinfe and attention were so constantly engaged by other matteiris^ that he €Ould not possibly attend to this, es* peeially wh'de at Madrid, when he always enjoyed much less leisure than at the Sitios. He then proceeded to congratu- latie me on our late successes in Virginia ; he assured me, that the King rejoiced sincerely in those events, and that be himself was happy to see our affairs assume so promising an aspect. I was about to descend to particulars, and to re- mind the Count of the various memorials, Stc. which still remained to be considered and despatched, when he men- tioned he was engaged for the rest of the evening in pressing afiairs. This intimation put an end to the con- ference.
It is sotnewhat singular, that M. Del Campo should have been appointed near three months past to treat and coiifer with me, and yet I should be left all that tSme with- out any information of it. It shows, that the King is ready to do what may depend upon him, but that his Min- isters find it convenient to interpose delays without neces- sity, and without even the appearance of it.
After the King's return from Aranjues, T took an oppor- tunity of asking M. Del Campo when I might promise myself the pleasure of commencing our conferences. He replied, that his health was not as yet sufficiently re-estab- lished to permit him to do businei^s. The fact however was otherwise.
48 * JOHN JAY.
On the 27th of December, I agaiq waited on him for the same purpose. He . told me it was very uncertain when our conferences cotdd commence, and that he must first converse whh the Count on the subject. I asked him whether lie had not received his instructions. He an- swered, that he had not, for that they were not as yet completed, nor indeed as he believed as yet begun.
In this state things remained during the whole time the Court continued at Madrid. Above a month > since the datle of my letter to Dr Fr4nklin about our bills had elaps- ed without an answer, nor had any prospect of obtaining aids here opened. I therefore wrote him the following letter.
<<Madrid, December Slst, 1781.
"My Dear Sir,
"I learn from the Marquis d'Yranda, that my letter of the 21st ultimo has reached you. The want of a good opportunity has for some time past prevented my writing to you so particularly as I could have wished.
"Things remain here exactly in siatu quo^ except that your aid daily becomes more necessary, and will soon be indispensable. These are matters that require no expla- nation. I have received two letters, dated the 22d and 26th of November, from Mr Adams, on the subject of certain instructions, passed the 1 6th of August, which he had lately received, and of which I was ignorant until the arrival of these letters. I think them wise. A courier from France arrived here two days ago ; by his return I hope to write you particularly. Sec.
"I am, he.
JOHN JAY."
DIPLOMATIC CORRESPONDENCE/ 49
On the 11th of January, I wrote the following letter to the Doctor, by the Amhassador's courier.
"Ma4rid; Janoarj lldi, 1782.
"Dear Sir,
"The last letter 1 had the pleasure of writing to you was dated the 3ist ultimo, and referred to a former one of the 21st of November last, in which I stated my diffi- culties on account of the bills, the improbability of my ob- taining any relief here, and consequently the necessity I was under of recurring to your interposition to save them from protest.
"I have not as yet been favored with your answer. I can readily conceive, that this affiiir has added not a little to your embarrassments, and therefore I lament, not com- plain of the delay. I borrowed from M. Cabarrus about thirty thousand dollars. He is not perfectly ^asy, and I have no prospect of borrowing more from him or others, at least without assurances of speedy repayment, which I am not in capacity to give. The Court indeed owes me, on tlieir old promise of one hundred and fifty thousand dollars, a balance of about twenty five thousand six hun- dred and fifteen dollars, but I have no reason to rely on receiving it soon, if at all.
"I also begin severely to feel the want of my back sal- ary. It is in vain for me to expect it from America, and unless you can, supply it, it will be necessary for me im- mediately to disencumber myself of most of my expenses, and confine myself to mere necessaries, until a change may take place for the better. This circumstance con- spires with those of a more public nature, to make me very solicitous to know what you can, or cannot do for me.
VOL. VIII. 7
60 JOHN JAY.
^'As to the afiairs of the negotiation, they have not ad- vanced since Major Franks left me. The Minister is too sick, or too busy, to attend to American affairs. He refers me to M. Del Cacnpo, who has been named for the pur- pose, and when I apply to him, he tells me, that his instruc- tions are not yet completed, and that he cannot tell when they will be.
"I am, &c. -
JOHN JAY."
I must, however, do the Minister the justice to say, that for some little time then past, and during the whole month of January, I have good reason to believe, that he was greatly and constantly engaged in pressing business, for on speaking several times during that period to the Ambassa- dor of France, about the delays I experienced, and the propriety of pressing the Minister to pay some attention to our afiairs, he repeatedly told me, that he knew the Min- ister to be then extremely. hurried, and advised me not to make any application to him for the present.
On the 26tl] of January, 1782, agreeably to a previous appointment, I had a long conference with the Ambassa- dor of France. I entered into a detail of the various pre- texts and delays, which the Minister had used to avoid coming to any decisbn on our affiurs, and made some re- marks on their keeping me suspended at present, between the Count's incapacity to do business, and M. Del Campo's want of instructions.
I reminded the Ambassador that the fate of the bills drawn upon me was a serious subject, and if protested might eventually prove injurious to France and Spain, as well as America, and that though France had already done
DIFLOMATIC CORRESPONDENCE., 51
much for us, yet that it still remained a question of policy whether it would not be more expedient for her to advance about thirty thousand pounds sterling to save these bills, than risk the expensive evils which tlie loss of our credit might, occasion even to her. The Ambassador seemed to admit this, but was apprehensive that the great and press- ing demands for money caused by the great armaments, which France was preparing to send to different parts of the world, would render such an advance very inconvenient, if not impracticable.
I recapitulated in the course of the conference the va* rious ill consequences, which might result from protesting these bills. Among others, I hinted at the necessity I should be under of assigning to the world in those protests, the true reasons which had occasioned them, viz. that I had pfaced too great confidence in the assurances of his Catholic Majesty. The Ambassador objected to this as highly imprudent, and as naturally tending to embroil the two countries, which was by all means to be avoided, even though I could make good the assertion. 1 then enume- rated the various assurances I had at different times re- ceived from the Minister, adding, that whatever might be the consequence, I should think it my duty to pay a higher regard to the honor of the United States, than to the feel- ings of a Court by whose finesse that honor had been drawn into question.
There was also another circumstance, to which T desired him to turn his attention, viz. that as our independence had not been aclcnowledged here, the holders of the bills might commence actions against me on them ; and that it was easy to foresee the embarrassments, which would result to all parties from such a measure. The Ambassador saw this matter in the same point of view.
52 JOHN JAY.
It appeared to me useiiil to take a general view of the conduct of Spain towards us ever since my arrival, and to observe the natural tendency it had to encourage our ene- mies, impress doubts on the minds of our. friends, and abate the desire of Congress to form intimate connexions with Spain ; and that this latter consequence might become b- teresting alsq to France, by reason of the strict alliance subsisting between the two kingdoms.
I begged the favor of him to give me his candid advice what would be most proper for me to do. He confessed that he was perplexed, and at a loss what to advise me to ; he hoped that the Dutch loan would enable Dr Franklin to make the advances in question, and that though he could not promise anything from his Court, yet that he would write and do his best. He advised me to give the Doctor a full statement of our afiairs here ; but that I had already done, by giving him the perusal of my letters to Congress of the 3d of October, Sz;c.
He said he had written to the Count de Vergennes about the delays and embarrassments I had met with, and that he received for answer, "that Spain knew her own business and interest, and that France had no right to press her on such points."
The Ambassador advised me by all means to continue patient and moderate, and to cherish the appearance of our being well with this Court. I observed to him that one protested bill would dissipate all these appearances. He said that was very true ; that he saw difficulties on every side, and that he really pitied my situation, for that these various perplexities must keep me constantly in a kind of purgatory. I told him if he would say mass for me in ^ood earnest, I should soon be relieved from it ; he re- newed bis promise to write, and we parted.
DIPLOMATIC CORRESPONDENCE. 53
The next day, viz. 27th of January, I received the fol- lowing letter from Dr Franklin..
"Passy, January 15th, 178&.
"Dear Sir, "Mr Grand tells me, that he hears from Madrid, you are uneasy at my long silence. I have had much vexation and perplexity lately with the affair of the goods in Hot- land, and I have so many urgent correspondences to keep up, thiLt some of them at times necessarily suffer. I pur- pose writing fully to you next post. In the meantime I send the enclosed for your meditation. The ill-timed bills, as you justly term them, do us infinite prejudice ; but we must not be discouraged.
1 am ever, with the greatest esteem, &c.
B. FRANKLIN.
The paper abovementioned to be enclosed, is in these words.
Translation.
COUNT DE VERGENNES TO B. FRANKLIN.
"Vergailleg, December Slst, 1781.
"Sir, "I have received the letter you did me the honor to write roe the 27th instant. I shall not enter into an examination of the successive variations and augmentations of your de- mands on me for funds to meet your payments. I shall merely remark, that whenever you shall consider yourself fully authorised to dispose of the proceeds of the Dutch loan, on behalf of Congress, I will propose to M. de Fleury to supply you with the million required, as soon as it shall have been paid into the royal treasury. But I think it my
54 JOHN JATf.
duty, Sir, to inform you, that if Mr Morris issues drafts on this same million, I shall not be able to provide for the pay- ment of them, and shall leave them to be protested. I ought also to inform you, that there will be nothing more supplied than the million abovementioned, and if the drafts, which you have already accepted, exceed that sum, it must be for you to contrive the means of meeting them. I shall make an exception only in favor of those of Mr Morris, provided they shall not exceed the remainder of the Dutch loan, after deducting the million, which shall be placed at your disposal, and the expenses of the loan. "I have the honor to be, Sz;g.
DE VERGENNES.''
"P. iS. I remit to you herewith the letter of Mr Grand."
Although this letter of Dr Franklin does not in express terms promise me the aid I had desired, yet the general tenor of it, together with the grant of the million mentioned by the Count de Vergennes, led me to suppose, that on the receipt of it he would be able to make me the necessary advances. Under this idea I returned the following an- swer to the Doctor's letter.
"Madrid, Januarj 30th, 1789.
"My dear Sir, "I had yesterday the satisfaction of receiving your favor of the 15th instant. You will find by a letter, which I wrote you on the Uth instant, that I imputed your silence to its true cause, being well persuaded, tliat the same atten- tion you Have always paid to the public affairs, in general, would not be withheld from those, which call for it in this kingdom.
» \
DIPLOMATIC CORRKSFONDENCJE. 55
*■
<<I am happy to find, that you have a prospect of termi- Dating the difficulties, which the bills drawn upon me have occasioned, and though I cannot but observe, that Count de Vergennes' letter is peculiarly explicit and precise, yqt I must confess, I should not have been surprised if it had been conceived in terms still less soft. Would it not be well to transmit a copy of it to Congress ? France has done, and is still doing so much for us, that gratitude, as well as policy, demands from us the utmost moderation and deli- cacy in our applications for aids ; and considering the very singular plan of drawing bills at a venture, I think we have no less reason to admire the patience, than to be satisfied with the liberality of our good and generous allies.
"M. de Neufville had given me a hint of the embarrass- ments occasioned by the afiair of our goods in Holland.
''It seems as if trouble finds its way to you from every quarter. Our credit in Holland leans upon you on the one hand, and in Spain on the other. Thus you continue, like the key-stone of an arch, pressed by both sides and yet sustaining each. How grateful ought we to be to France for enabling you to do it.
''Mr Joshua Johnson, in a letter dated the 18th instant, mentions the arrival at Nantes, of the brig Betsey from Philadelphia, that she brought letters for me, and that the captain put them in the post-office. None of them have as yet reached me.
"I have received too many unequivocal proofs of your kind atteQtion,r. to render a punctilious return of line for line pecessary to convince me of it. Let such ideas, therefore, be banislied, and be assured that matters of ceremony and etiquette can never afiect the esteem and afiectionate regai^d with which I am, &c. be.
JOHN JAY."
56 ., JOHN JAY.
%
Not having heard anything further from M. Del Campo respecting his instructions, I wrotd him on that subject as follows.
"Madrid, February 1st, 1782.
'<Mr Jay presents his compliments to M. Del Campo, and requests to be informed whether he has as yet re- ceived the instructions necessary to enable him to execute his appointment relative to the afiairs of the United States at this Court.
"Mr Jay begs leave again to mention his being ready and anxious to enter, with M. Del Campo, into the discus- sion of these afiairs at any time and place that may be agreeable to him."
On the 5th of February, I received the following answer.
Translation.
"M. Del Campo has the honor to address his compli- ments to Mr Jay, and to transmit him several bundles of letters, which he has just received. He regrets that he is obliged to inform Mr Jay, that the Count, by reason of the delicate state of his heahh, and other difficulties, has not yet been able to arrange the instructions under consider- ation. The Pardo, February 3d, 1782."
The packets mentioned in the above note were the first public letters I have had the honor of receiving from you.
I afterwards found that these despatches were brought to Cadiz from Philadelphia by the brig Hope. How they came into M. Del Campo's hands I am not informed. On the same day (February 5th, 1782,) I received a letter from Dr Franklin, which almost entirely dissipated my hopes of aid from him. The following extract from
DIPLOMATIC CORRESPONDENCK. 57
It, contaiBS every part of it except a few paragraphs that have no relation to our affairs here.
"Faasy, Januuy 19th, 1782.
"Dear Sir,
"In mine of the 15tb, I mentioned my intention of writing fully to you by this day's post. But understanding since, that a courier will soon go from Versailles, I rather choose that conveyance.
"I received duly your letter of November 21st, but it found me in a very perplexed situation. I had great pay- ments to make for the extravagant and very inconvenient purchase in Holland, together with large acceptances by Mr Adams, of bills drawn on Mr Laurens and himself, and I had jio certainty of providing the money. I had also a quarrel upon my hands with Messrs de Neufville and others, owners of two vessels hired by Gillon to carry the goods he had contracted to carry in his own ship. I had worried this friendly and generous Court with often re- peated after-clap demands, occasioned by these unadvised, (as well as ill advised) and, therefore, unexpected drafts, and was ashamed to show my face to the Minister. In these circumstances, I knew not what answer to make you. I could not encourage you to expect the relief ^desired, and, having still some secret hope, I was unwilling to dis- courage you, and thereby occasion a protest of bills, which possibly I might find means of enabling you to pay. Thus I delayed writing perhaps too long.
"But to this moment, I have obtained no assurance of having it in my power to aid you, tliougb no endeavors on my part have been wanting. We have been assisted with near twenty millions since the beginning of last year, be- sides a fleet and army ; and yet I ^Rn obliged to worry
VOL. VIII. 8
68 '< JOHN JAY.
them with my solicitations for more, which makes us ap-^ pear insatiable.
"This letter will not go before Tuesday. Perhaps by that time I may be able to say explicitly yes or no.
"I am very sensible of your unhappy situation, and I believe you feel as much for nie*
"You mention my proposing to repay the sum you want in America. I tried that last year. I drew a bill on Con- gress for a considerable sum to be advanced me here, and paid there in provisions for the French troops. My bill was not honored.
"I was in hopes the loan in Holland, if it succeeded, being for ten millions, would have made us all easy. It was long uncertain. It is now completed; But, un- fortunately, it has most of it been eaten up by advances here. You see by the letter of which I sent you a copy, upon what terms I obtain another million of it. That (if I get it) will enable me to pay the thirty thousand dollars you have borrowed, for we must not let your friend suffer. What I am to do afterwards God knows.
"I am much surprised at the dilatory and reserved con- duct of your Court. I know not to what amount you have obtained aids from it, but if they are not considerable, it were to be wished you had never been sent there, as the slight they have put upon our offered friendship is very disreputable to us, and, of course, hurtful to our afiairs elsewhere. I think they are short-sighted, and do not look very far into futurity, or they would seize with avidity so excellent an opportunity of securhig a neighbor's friend- ship, which may hereafter be of great consequence to their American affaJM.
"If I were in Congress I should advise your being in-
DIPLOMATIC CORRESPONDENCE. 59
structed to thank them for past favors, and take your leave. As I am situated, I do not presume to give you such advice, nor could you take it if I should. But I con- ceive there would be nothing amiss in your mentioning in a short memoir, the length of time elapsed since the date of the secret article, and since your arrival, to urge their determinatbn upon it, and pressing them to give you an explicit^ definitive, immediate answer, whether they would enter into treaty with us or not, and in case of refusal, solicit your recall, that you may not continue from year to year at a great expense, in a constant state of uncer- tainty with regard to so important a matter. I do not see how they can decently refuse such an answer. But their silence, after the demand made, should in my opinion be understood as a refusal, and we should act accordingly. I think I spe a very good use that might be made of it, which I will not venture to explain in this letter.
'*I know not how the account of your salary stands, but I would have you draw upon me for a quarter at present, which shall be paid, and it will be a great pleasure to me if I shall be able to pay up all your arrears.
''Mr Laurens being now at liberty perhaps may soon come here, and be ready to join us if there should be any negotiations for peace. In England they are mad for a separate one with us, that they may more effectually take revenge on France and Spain. I have had several overtures hinted to me lately from different quarters, but I am deaf. The thing is impossible. We can never agree to desert our first and our faithful friend on any consideration whatever. We should become infamous by such abom- inable baseness.
"With great and sincere esteem, I am ever, &c.
B. FRANKLIN."
^^.
60 JOHN JAY.
You will easily perceive, Sir, that my situation now became very unpleasant ; largely indebted to M, Cabarrus, and withdut funds, as well as almost without the hopes of speedily procuring any, either to satisfy him or pay the swarm of bills that would be payable in the next month.
M. Cabarrus had offered to advance, or rather to sup- ply me with any sum of money, that the Minister would authorise him to furnish, on the same terms on which he procured money for the government. The answer I re- ceived to this proposition was, that the government had occasion for all the money that M. Cabarrus could possi- bly collect. He also repeatedly offered to advance the money wanted for the month of March, if the Minister or the Ambassador of France would become responsible for the repayment of it, with interest, within a reasonable time, sometimes mentioning seven months, and at others extend- ing it to ten or twelve. The Ambassador did not con- ceive himself authorised to enter into any such engage- ment, and the Minister remained silent; M. Cabarrus began to grow uneasy, and a day was appointed between us to confer on this subject. Some intervening business, however, prevented his attendance, and on the 10th of February he wrote me the following letter.
Translation.
"Madrid, February lOth, 1782. "Sir,
"I was summoned yesterday to the Pardo, which pre- vented me from paying you my respects as I had intended. Not knowing whether I shall be able to do it before Tues- day, I write to inform you, that it will be necessary for me to know on what I am to depend in regard to the reim-
DIPLOMATIC CORRESPONDENCE. 61
bursement you were to make me by drafts on Paris. You are aware, that I have actually advanced seven buodred and fifty thousand reals vellon. Independently of this sunii on the 14th of March, which we are now approach- ing, nearly thirtyfive thousand dollars of your bills wffl become due. I will not conceal from you, tliat although this double advance is neither beyond my' means nor my disposition, yet the former is entirely absorbed by the ne- cessities of the government, so that I shall be the more desirous, that you would enable me to meet these engage- ments, as I shall always find a difficulty in disposing of your paper. I speak to you frankly, since I shall always endeavor, as I have heretofore done, to serve you in the same spirit.
'^I have the honor to be, &;c.
CABARRUS."
By way of answer to this letter, I instructed Mr Car- michael to inform M. Cabarrus of the exact state I was in, with respect to my expectations of aid both here and from France, for I did not choose to commit a mauer of this kind in writing to M. Cabarrus's discretion. I could not gi^e him positive assurances of being speedily repaid, either by a credit on Dr Franklin, or by money to be obtained here, but I submitted to his consideration the improbabil- ity, that this or the French Court would permit these bilb to be protested, and assured him, that Dr Franklin was using his best endeavors in our favor, and had so far suc- ceeded as to encourage me to expect, that he would soon be able at least to replace the sum, which M. Cabarrus had already advanced to me.
The next day^ viz. the 1 1th of February, I waited upon the Ambassador of France. I represented to him in the
52 JOHN JAY.
Strongest terms the critical situation of our credit, and communicated to him the contents, both of Dr Franklin and M. Cabarrus' letters.
I requested him to speak seriously and pressingly to the Minister on the subject, and to remind him, that M. Cab- arrus' offer was of such a nature as to remove any objec- tion, that could arise from the low state of the public funds. The Ambassador was just then setting out for the Pardo. He promised to speak to the Minister accordingly, and that his Secretary, the Chevalier de Bourgoing, (who has been very friendly, and given himself much trouble on this occasion) should inform me of the result in the evening.
I received in the evening the following letter from the Chevalier de Bourgoing, viz.
Translation. "Sir, '^The dreadful weather today prevents me from com- ing to inform you orally, what M. de Montmorin has to communicate to you in pursuance of his interview of this morning. I give you the result briefly.
"The Minister being informed of your embarrassment feels for you sincerely, and would be glad to remedy it. He will make every effort, but as the actual necessities of the government are pressing, he cannot answer for his suc- cess. He assures Mr Jay, that if the misfortune he ap- prehends should take place, Mr Jay may be perfectly easy in regard to personal consequences, as the Minister will take care that no inconvenience shall follow it.
"I have thought that these few lines would serve to calm your apprehensions, until M. de Montmorin shall have an opportunity to give you fuither information. "I have the honor to be, &c.
DE BOURGOING."
DIPLOMATIC CORRESPONDENCE. 63
I returned by the bearer of the above letter the follow- ing answer.
-''Mr Jay presents his compliments to the Chevalier de Bourgoing. The Minister's answer to the Ambassador is polite and cautious, and if sincere (which time can only ascertain) will demand Mr Jay's thanks and acknowledg- ments.
''The Minister is mistaken if he supposes that Mr Jay views personal consequences as of any other importance, than as they may affect *the political interests of the two countries ; and when considered in that light, they merit a degree of attention to which mere personal considerations could not entitle them.
"Mr Jny requests the favor of the Chevalier to present bis cordial acknowledgments to the Ambassador for his friendly interposition on this occasion, and to assurd him that Mr Jay will never cease to be influenced, by the grati- tude, which every American owes to the first friend and steadfast ally of the United States. Madrid^ February nth, 1782."
I also wrote this evening to Dr Franklin, and I insert the following extracts from the letter, because they contain mat- ters proper for you to know.
^'Madrid, Febroaxy 11th, 1782.
"Dear Sir,
"I have been so engaged these two days, as not to have had time to reply fully to yours of the 19th ult.
"I flattered myself that the loan in Holland would have affi)rded funds for all our bills and present demands, and am sorry to hear that this is not the case. Could not that loan be extended to a further sum ?
54 ^HN JAT.
"The conduct of this Court bears few marks of wisdom. 7!*be fact is, they have little money, less credit, and very moderate talents.
"My ideas correspond exactly with yours respecting the propriety of presenting such a memoir as you propose. The Ambassador of France, however, is decided against it, and it appears to me imprudent to disregard his opposition.
"1 have not as yet received a single letter by or from the Marquis de Lafayette.
"I am, Stc. JOHN JAY.**
On the t5th of February, the first advices of the sur- render of Fort St Philip arrived, and the Ambassador of France having been informed at the Pardo, that M. Del Campo's instructions would be completed by the end of the week, I thought both these circumstances rendered it pro- per that I should pay the Minister a visit. I accordingly went to the Pardo the next evening. The Minister was too much' indisposed (as was said) to see company. He sent me an apology, and a request that I would speak to M. Del Campo, who was then in the Secretary's office. I did so.
I found M. Del Campo surrounded by suitors. He re- ceived me with great and unusual civility, and carried me into his private apartment. I told him, that as he was evi- dently very busy, I could not think of sitting down, and wished only to detain him a few minutes. He said, that he was indeed much engaged, but that we might neverthe- less take a cup of chocolate together. I mentioned to him in a summary way, the amount of the bills which remained to be paid, and the promises made by the Minister to the Ambassador on that subject, desiring that he would be so
DIPLOMATIC CORRESPONDENCE. 65
pbligiog as to give that business all the despatch in his power. He replied, that the urgent demands of govern- ment rendered advances of nioney very inconvenient. That the Minister had not mentioned to him anything on that head, bat tliat he would speak to him about it. I told him, that as the greater part of these bills would be payable in Marcb, I was anxious to see the arrangements for paying them speedily made. That my hopes were chiefly con- 6ned to this Court, for that France having this year sup« plied us with near twenty millions, besides a fleet and army, it would be unreasonable to ask for more. To this he remarked, that France received from us with one hand (in tlie way of commerce) what she paid out with the other, whereas Spain was called upon for supplies without enjoying any such advantage. I told him, if )ie had been more at leisure it would have given me pleasure to have entered with him into the discussion of that point ; I never- theless observed, that Spain was indebted to the American war for the recovery of West Florida, and the possession of Minorca, and that the time would come and was ap- proaching when Spain would derive essential benefit from our trade and independence. That he overrated the value of our commerce to France, which at present did not com- pensate for the expenses she sustained on our account.
I mentioned to him M. Cabarrus' oflfer in very precise terms, and told him, I was glad to hear from the Ambas- sadori that his instructions were nearly completed. He avoided saying, whether they were or not, but answered, generally, that he hoped tilings would soon be settled to the satiafactioa of all parties ; that it would always give him pleasure to treat with me ; that he was much my friend ; that he esteemed my private character, and many such
VOL. VIII. 9
66 JOHN JAY.
]ike compliments improper as well as unnecessary for me to commit to paper. He promised to speak to the Minister, and to write me bis answer. I desired him to present my congratulations to the Count, and to inform him how much I regretted the indisposition, which prevented his seeing company that evening.
All this looked very fair, but experience had taught roe that professions were sometimes insincere. On the 18th of February, I communicated the substance of this confer- ence to the Ambassador of France, requesting him to re- mind the Minister of his promise, and to press the import- ance of his performing it. The Ambassador promised to take every proper opportunity of doing it. On the 24th of February your letter by the Marquis de Lafayette arrived safe.
On the 25th of February I received the following letter from M. Cabarrus, viz.
Translation.
"Madrid, February 25th, 1782.
"Sir,
"I have the hpnor to remit you herewith three accounts, relative to the payments made for you, viz.
''One of the 4th of October last, signed by the former house of Cabarrus and Aguirre, for payment of which I have credited you 46,447 reals vellon. A second, signed by me the 7th of November following, settled by 135,715-10 reals vellon, carried to your credit. A third signed also by me, dated the 19th inst, and balanced by 667,170-17 reals vellon, which I have credited you with. In support of these accounts, I transmit you the original vouchers, and beg you to. proceed to the verification of both, to assure me of their reception and correctness. I flatter myself
DIPLOMATIC CORRESPONDENCE. 67
tliat you will take measures for my speedy reimbursement, and I ask it with the more urgency, as I have a pressing necessity for this sum, on the payment of which I have relied. [ have the honor to be,'&;c.
CABARRUS."
This letter needs no comments ; it breathes the fears and precautions of a creditor, striving to make the most of a failing debtor, and therefore I considered this letter as in- auspicious. I returned a verbal answer, that an examina- tion of these accounts must precede a settlement of them, and that as to a speedy payment of the balance due to him, he knew my exact situation.
A day or two before the date of this letter, M. Cabarrus had a conference with the Minister on these subjects, and according to M. Cabarrus' representations, the Minister then declared, that he would pay the balance due on the one hundred and fifty thousand dollars, and no more ; that the King was dissatisfied at America's having made no re- turns to his good ofHces, either in ships or flour, &:c. &;c. ; that he had mentioned to me a year ago his desire of having the men-of-war building in New England, but had not yet received an answer, &c.
It appeared to me very extraordinary, that the Minister should promise the Ambassador to do his best, and yet tell M. Cabarrus that he would do nothing, and yet so I believe were the facts.
The next morning, viz* 26th of February, I paid the Ambassador an early visit, and mentioned these circum- stances to him minutely. 1 expressed my apprehensions, that the pretended discontents of the King belonged to the same system of delays and pretexts, with which we had been
68 JOHN JAY.
SO long amused ; and which in this instance were probabljr dictated by a desire of avoiding inconvenient advances.
I reminded him, that Dr Franklin had given me expec- tations of his being able to replace the money I had bor- rowed of M. Cabarrus, and that this sum, added to the balance to be paid by the Court, would reduce the re- mainder of the money wanted to less than twenty thousand pounds sterling ; and that it would appear a little surprising in the eyes of Europe as well as America, that our credit should be permitted either by France or Spain to suffer essential injury for the want of such a sum. I requested him to advise me what to do. He said that he knew not what advice to give me ; that he saw no resources any- where ; that he should dismiss a courier on Saturday next, and that he would again write to the Count de Vergennes on the subject. I observed to him, that the answer if fa- vorable would probably come too late, as a great number of the bills would become payable about the 14th of March. He replied, that if the Court should resolve to supply the money, he should soon be informed of it.
We had some conversation about the Marquis de La- fayette. The Ambassador spoke well of him, and as a proof of the confidence of Congress in the attachment of tbat nobleman, I mentioned my having received orders to correspond with him.
I then drew the conversation to our affairs in Holland, and the prospects of an alliance with the Dutch. He said those prospects were less fair than ever ; for that though Mr Wentworth had been sent there by England on pre- tence of settling a cartel, yet that his real business was to negotiate a separate peace. I observed that in my opinion England would be the first nation to acknowledge our
DIPLOMATIC CORRESPONDENCE. 6^
iodependeDce, (for there are many reasons that induce me to think that France does not in fact \^sh to see us treated as independent by other nations until after a peace, lest we should become less manageable in proportion as our de- pendence upon her shall diminish.) I threw out this opinion to see bow it would strike him. He made a short pausei and then asked me if I had heard that Lord Germain had resigned ? I told him I had, and as he chose to wave the subject I did not resume it, lest he should from my press- ing it suspect that I meant more than a casual remark. The conversation then turned upon our affairs here. I re- marked, that the friends of Spain in America must greatly diminish, that the manner we were treated by this Court was far from conciliatory, and that it would perhaps have been better as things have turned out, if America had not sent a Minister here. He gave into this opinion, but added, we must be contented here now during the war ; that Spain was necessary ; that she was to be treated like a mistress. He also said, that if I had been landed in France instead of Spain, I should not probably have come to Madrid so ' soon as I did, and was going to explain himself, when the entry of his servants with breakfast interrupted us.
Having ttiade it a rule to give Dr Franklii^ frequent and minute information of my situation, I wrote him the follow- ing letter by the Ambassador's courier.
"Madrid, March Ist, 1782.
"My dear Sir, "I have lately received a very friendly letter from the Marquis de Lafayette, covering some despatches from Mr Livingston. I find that the objects of his voyage are inter- esting to us, and that it is the desire of Congress, that we should correspond with him. My answer to his letter is herewith enclosed. Peruse and dispose of it.
70 JOHN JAY.
"I have given him a summary account of my situation here ; he will doubtless be willing and perhaps able 'to afford you assistance relative to the difficulties it imposes upon you.
''The Minister has ordered the balance due (about twentysix thousand dollars,) on the one hundred and fifty thousand dollars, to be paid to M. Cabarrus on my account, and has through him informed me that no more is to be expected.
"M. Cabarrus is exceedingly anxious about the money we owe him, and which the twentysix thousand dollars he is to receive will not pay.
''He declines making further advances. The Ambassa- dor of France can afford me no resources. M. Cabarrus is ready to supply what we may want, on the promise of either France or Spain to repay him in ten or twelve months.
"The Ambassador will write (by a courier to France, who sets out tomorrow) on these subjects to the Court. All that remains in my power is to endeavor to keep the public creditors quiet until his or your final answer shall arrive. That this Court should permit our credit to be ruined for the want of about twentyfive thousand pounds sterlii^, does not greatly surprise me ; but 1 should be astonished if the Minister of France should act the same part, for I have a high opinion of his wisdom. "I am, Stc.
JOHN JAY."
I forbear inserting my letter to the Marquis, because this and my former letters render it unnecessary. I solicited • his incimediate attention to the state of our bills, &;c.
DIPLOMATIC CORRESPONDENCE. 71
As there could be no doubt, but that the Minister men* tioned to M. Cabarrus the King's discontents, by way of apology for not granting further supplies, and with design that they should be represented to me in that light, I thought it prudent to write to the Minister on the subject, although in other circumstances it might have been more proper for me to have omitted taking notice of such an in- direct communication. I wrote him as follows.
"Madrid, March 2d, 1782. "Sir, .
"M. Gardoqui informed me yesterday, that he had re* ceived an order to pay to M. Cabarrus on my accgunt twentysix thousand dollars, being somewhat more than the balance due on the one hundred and fifty thousand dol* lars, and for which be pleased to accept my thanks and acknowledgments.
"As the residue of the bills drawn upon me by Congress does not amount to a great sum, and as M. Cabarrus had. generously offered to furnish it, provided your Excellency would give him assurances of its being repaid in ten or twelve months, I had flattered myself, that his Majesty's friendship for my country would have induced him, by this further proof of his goodness, to save the necessity I shall otherwise be under to protest them, and thereby ruin the credit of Congress at so critical a period.
"It is with great pain I hear his Majesty is displeased with the silence of Congress respecting returns, on their part, to the friendship of Spain, and particularly in not having offered to comply with the propositions made by your Excellency, relative to the ships building in New England, &c. &c.
"Permit me to observe to your Excellency, that the
72 "JOHN JAY.
long and constant ($&pectatioQ of M. Gardoqui's arrival in America, with full powers on these subjects, naturally in- duced Congress to postpone coping to any resolution oo then)} until they should have the pleasure of seebg bins. Tbey were well apprised of my ignorance respecting such matters, and, therefore, could not with any propriety refer to my discretion the entering into engagements on subjects, with which I .was wholly unacquainted* I am authorised to assure your Excellency of the readiness of Congress to make every return in their power to the kind- ness of his Majesty, and there is reason to hope, that by the end of the next campaign, their abilities may be more proportionate to their wishes than they have hitlierto been.
''Your Excellency will also be pleased to recollect, that the propositions of Congress respecting the Mississippi evince a strong desire to oblige his Majesty, and that reaspn has been given me to hope, that their compliance in that instance would be followed by new proofs of his Maj* esty's good disposition towards us.
'1 must candidly confess to your Excellency, that I now find myself entirely without resources.
''The Ambassador of France can afford me no assist- ance, and my only remaining hope arises firom that reli- ance on his Majesty's friendship and magnanimity, which your Excellency has so often .encouraged me to entertain and confide in.
"I have the honor to be, &dc. &c.
JOHN JAY."
This letter, if I may use the expression, might have been higher mounted, and the strange conduct of this Court would have justified my writing in a different style, but I feared that offence might have been takeni though,
DIPLOMATIC CORRESPONDENCE. 73
perhaps, for no other purpose than to cover a refusal to aid us with a plausible pretext.
Although I had little confidence in M. Del Campo's late professions of friendship, yet, as the present occasion afibrded an opportunity of trying their sincerity, and as men ill-disposed towards us are sometimes pushed into acts of friendship, merely by an opinion of their being thought friendly, I enclosed the above letter in the follow- iog note to him.
"Madrid, March 2d, 1782.
"Mr Jay presents his compliments to M. Del Campo, and takes the liberty of enclosing a letter to his Excel- lency, the Count de Florida Blanca, which he requissts the favor of him to deliver.
'*M. Del Campo may not, perhaps, in future have an opportunity of rendering a more welcome and interesting proof of his friendship for America than at present ; and Mr Jay will esteem his country and himself greatly obli- ged by M. Del Campo's friendly attention and interposition on this occasion."
A week elapsed without my receiving any answer either from the Minister or M. Del Campo. The tin\e when our bills would be due was drawing very nigh. My expectations of aid from France were at best uncer- tain, and every consideration urged me not to leave any- thing in my power undone here, to avoid the catastrophe I had so much reason to apprehend. I therefore conclu- ded to wait on the Minister, and in a plain and pointed manner enter into a detail of the reasons given us to ex- pect supplies from this Court, and the impolicy of with- holding them.
Vol. VIII. 10
74 JOHN JAY.
For this purpose I went to the Pardo on the 9th of March.
The Minister received me with great cordiality ; he was in uncommon gpod spirits. He entered largely into the nature of his indisposition ; the eSocX of the weather upon his nenreSi and how much he found^iiimself the better for ^the last three fine days ; and after we had conversed awhile about the conquest of Minorca, and the importance of it, he said he supposed that I wished also to speak to him on the subject of our afiairs.
I told him that was really the case, for that the bills, which remained to be paid, and the want of funds for the purpose, gave me great uneasiness. He interrupted me by remarking, that he had ordered the balance due on the one hundred and fifty thousand dollars to be paid. That the public exigencies had even rendered this payment in- convenient, but that he was an honest man, a man of hlis word, and, therefore, as he had promised me that sum, be was determined that I should not be disappointed. That as to further aids he could promise nothing positively^ that he would do his bestj and shrugging his shoulders, inti- mated that he was not Minister of Finance.
I observed, that the sum now wanted was not very con- siderable, and that M. Cabarrus' ofifer rendered the ad- vancing of it very easy. He was in a very good humor ; and after a few hesitations, he told me cheerfully and smilingly, that when I found myself very hard pressed^ I should desire M. Cabarrus to wait upon him.
This I considered as an implied consent to. comply with M. Cabarrus' offer, in case such a step should become absolutely necessary to save our bills ; and I imagined be chose to delay it as long as possible, in hopes that the
DIPLOMATIC CORRESPONDENCE. 75
French Ambassador might in the meantime interpose his credit, as he had before done on a similar occasion. I was content that the matter should rest there, and would not hazard losing what I thought I had gained by requiring more at present.
I thanked him for this mark of favor, and then turned the conversation to Major Franks' arrival, and my anxiety to communicate some certain intelligence to Congress relative to the proposed treaty, and what they might ex- pect on that head.
The Count, went into a detail of excuses for the delays which had ensued since our leaving St Ildefonso. His •indisposition and that of M. Del Campo, his forgetting to give M. Del Campo the papers, and M* Del Campo's n^lecling to ask for them, were the chief topics from which these excuses were drawn. He said the Ambassa- dor of France had talked to him about the matter eight days ago; and he promised me that the conferences should begin at Aranjues, to which place the Court would soon remove. He authorised me to communicate this to Congress, adding, that pressing business obliged him to postpone it till then, though I might now begin to speak on the subject to M. Del Campo if I pleased.
I remarked, that I had so often disappointed Congress by giving them reason soon to expect M. Gardoqui, that I wished to be enabled to give them accurate information on that point. He replied, that a variety of particular cir- cumstances had intervened to prevent his departure, but that he certainly should go unless he made personal objec- tions to it, and that 1 might teU Congress so.
I rose to take my leave. He repeated what he had be* fore said respecting my sending M. Cabarrus to him^ and
76 JOHN JAY.
assured me of his disposition to do what he could for us* 'I again thanked him, and we parted in great good humor.
It is remarkable, that during the course of this confer- ence, which was free and difiusire, the Minister did not mention a syllable of the King's discontents, nor hint the least dissatisfaction at the conduct of Congress towards this Court. I cautiously avoided making any harsh strictures on the delays I constantly met with, and though the Min- ister's excuses for them were frivolous and merely osten* sible, yet it could have answered no good purpose to have declared that opinion of them, especially at so delicate a period of our affairs.
As many bills to a considerable amount would be paya- ble on the 14th of March, I thought it high time that the Minister should declare his intentions at least a day or two before, and therefore I desired M. Cabarrus to wait upon the Minister, and confer with him on the subject. M. Cabarrus accordingly went to the Pardo on the even- ing of the llth of March. He saw the Minister, and mentioned the purpose of his visit. The Minister said, I must have misunderstood him ; that it was not until the last extremity that I was to send him, and he desired M. Cabarrus to inform him when that should arrive. M. Cabarrus repeated to me his former offers, and assured me that nothing on his part should be wanting.
The Madrid Gazette of the 12th of March contained a paragraph, of which you ought not to be ignorant. I shall therefore copy it verbatim^ and add a translation as literal as I can make it.
*^By a letter from the Commandant General of the army of operations at the Havanna, and Governor of Louisiana, bis Majesty has advices, that a detachment of sixty five
DIPLOMATIC CORRESPONDENCE. 77
militia men and sixty Indians of the nations Otaguos, Sotu, and Putuami, under the command of Don Eugenio Purre, a captain of militia, accompanied by Don Carlos Tayon, a sub-lieutenant of militia, by Don Luis Chevalier, a man well versed in the language of the Indians, and by their great chiefs Eletumo and Naquigen, who marched the 3d of January, 1781, from the town of St Luis of the Illinois, had possessed themselves of the Post of St Joseph, whioh the English occupied at two hundred and twenty leagues distance from that of the abovementioned St Luis, having suffered in so extensive a march, and so rigorous a season, the greatest inconveniences from cold and hun- ger, exposed to continual risks from the country being pos3essed by savage nations, and having to pass over parts covered with snow, and each one being obliged to carry provisions fQr his own subsistence, and various merchan- dises, which were necessary to content, in case of need, the barbarous nations through whom they were obliged to cross. The commander, by seasonable negotiations and precautions, prevented a considerable body of Indians, who were at the devotion of the English, from opposing this expedition ; for it would otherwise have been difficult to have accomplished the taking of the said post. They made prisoners of the few English they found in it, the others having perhaps retired in consequence of some prior notice. Don Eugenio Purre took possession in the name of the King of that place and its dependencies, and of the river of the Illinois ; in consequence whereof the standard of his Majesty was there displayed during the whole time. He took the English one, and delivered it on his arrival at St Luis to Don Francisco Cruyat, the commandant of that post.
78 JOHN JAY.
''The destructioo of the magazine of provbioas and goods, which the English had there (die greater part of which waf divided among our Indians and those who lived at St Joseph, as had been offered them in case they did not oppose our troops) was not the only advantage result- ing from the success of this expedition, for thereby it be- came impossible for the English to execute their plan of attacking the fort of St Liuis of the Illinois ; and it also served to intimidate these savage nations, and oblige them to promise to remain neuter, which they do at present."
When you consider the ostensible object of this expedi- tion, the distance of it, the formalities with which the place, the country, and the river were taken possession of in the name of his Catholic Majesty, I am persuaded it will not be necessary for me to swell this letter with re- marks, that would occur to a reader of far less penetra- tion than yourself.
I will therefore return to our bills.
The 14th of March arrived, the bills then due were presented, and I prevailed upon the holders of them to wait till the next day at noon for my answer. As the last extremity in the roost literal sense had now arrived, I presumed that the Minister would not think me too hasty in requesting his determination. I wrote him the follow- ing letter, and sent it by the post, which passes every even- ing between Madrid and the Court.
<<Madrid, March 14th, 1783.
"Sir, ''Bills to a considerable amount have been presented to me this afternoon for payment. The holders of them consent to wait until tomorrow noon for my positive and final answer.
DIPLOMATIC CORRB8PONDENCE. 79
^^Your Excelleocy is too well apprised of everytbmg; that can be said 00 this subject, to reader it necessary for me to multiply observations upon it.
^'I have no reason to expect aid from Frauce, and I
request the favor of your Excellency to inform* me ex*
plicitly whether I may flatter myself with any, and what
relief from the friendly interposition of his Majesty.
^*I have the honor to be, kc.
JOHN JAY."
I thought it advisable to send a copy of the above letter to the Ambassador of France with the following; note.
**Mr Jay presents his compliments to his Excellency, the Ambassador of France, and has the honor of transmit- ting herewith enclosed a copy of a letter he has written this evening to the Count de Florida Blanca.
'^he Ambassador will perceive from this letter in what a critical situation Mr Jay finds himself. He requests the favor of the Ambassador's advice, and will do himself the honor of waiting upon him in the morning to receive it.
"Madrid^ Thursday Evening, March lAth, 1782."
On this day, being Thursday, on which day in every week M. Cabarms had for some time past kept an open table, M. DelCampo was unexpectedly one of the guests, having visited M. Cabarrus but once before on those days. Mr Carmichael was present. Some earnest and private conversation passed between M. Del Campo and M. Ca- barrus. In the afternoon Mr Carmichael, by my desire, pressed M. Cabarrus to write to the Minister, that on the morrow our bills must be either paid or protested.
80 -^OHN JAY.
M. Cabarrus replied, that he had already given that iDfor- mation to M. Del Campo, and that he would not risk that gentleman's displeasure by repeating it to the Minister, for it would look as if he doubted M. Del Campo's attention to it. Mr Carmichael informed me at the same time, that M. Cabarrus* manner appeared changed and somewhat embarrassed.
On the morning of the 15th of March, I waited on the Ambassador. He promised to speak to the Minister that morning to obtain his final answer, and if possible to render it favorable. On his return from the Pardo, he wrote me the following letter.
Translation.
"March 15th, 1782. "Sir,
"I have just come from the Pardo. The Count de Florida Blanca had not received your letter of yesterday, but I supplied the deficiency by explaining to him your critical and difficuk situation. He told me that you might accept the drafts to the amount of fifty thousand dollars, provided M. Cabarrus remains in the same disposition he has displayed hitherto, relative to the time he would wak for the Reimbursement of the sums he has advanced for this purpose. You can, therefore, make an arrangement with M. Cabarrus for the acceptance of the bills to the amount of forty or fifty thousand dollars, and show him this note as his security.
"I hope that this sum will relieve you from your present embarrassment, aqd give you time to adopt measures for meeting the bills, which shall hereafter become due.
"Altliough this information is not so fully satisfactory as
DIPLOMATIC CORRESPONDENCE. 81
I could wish, I take pleasiure in communicating it to you, with assurances of my sincere and inviolable attachment.
THE COUNT DE MONTMORIN."
You will doubtless think with me i^ was very extraordi- nary, that the Minister should not have received my letter sent him yesterday by the Court courier. Why and by whose means it was kept back can only be conjectured. Had not the Ambassador's application supplied the want of it, a pretext for the Minister's silence would thence have arisen. The letter did not in fact miscarry, for the Minister afterwards received it. The Minister's caution in making bis becoming engaged for the advances in question to de- pend on M. Cabarrus' persisting in the same dispositions he had lately declared, relative to the time he would be content to wait for a reimbursement, is somewhat singular, consider- ing that his olTers on that head had been repeatedly and explicitly communicated to the Minister, and to the Ambas- sador of France, both by him and by me. Immediately on receiving the Ambassador's letter, I gave it to Mr Carmi- cbael with instructions to show it to M. Cabarrus, and bring me back his answer without delay, for 1 was then expecting the notary and others with bills.
Mr Carmichael returned and informed me, that he had communicated the letter to M* Cabarrus, and that instead of abiding by his former offer, to be content with the Min- ister's engaging to see him repaid in ten or twelve months, be insisted on being repaid in four months, in four equal monthly payments, and those payments secured by orders on the rents of the general post-office, and that M. Cabarrus promised either to write or speak to the Minister about it.
VOL. VIII^ 11
g2 JOHN JAt.
A new application to the Minister becatiiei necessarj^/ and consequently further time and indulgence from the holders of the bills was to be solicited.
I told the notary, that I was in treaty with M. Cabarrus for tlie supplies I \^ted, and that one or two articles re^ tiiained to be adjusted, which could not be dond till the next day.
I thereforei recjuested him to suspend the protest for twenty four hours more, and to apply to the holders of the bills for permission, adding that near twenty of them be- longed to M. Cabarrus, and that from the friendly conduct of several of the others I had reason to flatter itiyself, that they would readily consent. He seemed surprised at wliat I said respecting my expectations fi'om M. Cabarrus, and wilh a degree of indignation told me, that M. Cabarrus tvas more pressing than any of the others, and had already Sent him two messages to conclude the matter with me without delay, that he had received one of the messages the day before, and the other that morning. He nevertheless cheerfully undertook to obtain permission from the holders of the bills to wait till the next afternoon, and succeeded in it.
The next morning, viz. the 1 6th of March, l waited upon the Ambassador. I mentioned to him these sev-' eral facts, and told him, that my hopes from M. Cabarrus were at an end, for thdt exclusive of other circumstances it was not probable that, considering his lucrative connex- ions with government, he would risk treating the promise of the Minister, made in consequence of his own offer, with so little respect, as to demand such formal and unusual securities for the performance of it, unless there had been some previous concert, or indirect management in the case.
DIPLOMATIC CORRESPONDENCE. 83
The Ambassador declined assenting to this opinion. He promised to see the Minister, with whom he was that day to dine, and to send me his positive and final answer by four o'clock in the afternoon.
Having' prepared the draft of a protest, I thought it would not be amiss to show it to the Ambassador. He re- turned it to me without making any other remark, than that it was rather pointed.
From the Ambassador's I went to M. Cabarrus' ; he had not been at the Pardo, and was then at a meeting of merchants, to whose consideration his plan of a bank had been referred.
The Ambassador went to the Pardo and mentioned the matter to the Minister, who replied briefly, "that affair is already arranged with M. Cabarrus," but the Chevalier de Bourgoing, having been desired to bring back a decided answer, applied to M. Del Campo on the subject, who told him, "that tliey could not possibly comply with M. Cabarrus' terms ; that he had written so that morning to M. Cabarrus by a private courier, and that in the evening
■
the Minister would repeat it to him officially." On the Chevalier's mentioning this to the Ambassador, he was clearly of opinion that I had not any resource left, and, therefore, that the bills must be protested, and that the Chevalier should tell me so. I showed the protest, as translated into Spanish by M. Gardoqui, to the Chevalier. The original in English is as follows.
"Mr Jay says, that when he accepted the bills hereunto annexed, he had good reason to expect to be supplied with the funds necessary to pay them. That he has been disappointed in the expectations he was encouraged to en- tertain on this subject, and that his endeavors to obtain
84 JOHN JAY.
moneys for the purpose both here and elsewhere have been unsuccessful, although the bills which remain to be paid by him, together with all his other engagements, do not exceed twentyfive thousand pounds sterling. That these disappointments being unexpected, he cannot, for want of time, have recourse to Congress, and, therefore, finds himself reduced to the mortifying necessity of per- mitting them to be protested."
The Chevalier approved of the protest, but the notary on readmg it observed, that the sum was really 9» trifling, that he thought it would do better to strike it out. The Chevalier was struck with this remark, and advised me with some earnestness to make no mention of the sum, for, said he, "it will appear very extraordinary, that you should be obliged to protest the bills of Congress for the want of such a sum, and people will naturally turn their eyes towards France, and ask how it happened that your good allies did not assist you ; it will look as if we had deserted you."
. I replied, that since the bills must be protested, I was con- tent that my true situation should be known. I admitted his inferences to be just, and naturally flowing, from the facts, adding, that as France knew my situation and had withheld relief, she had so far deserted us ; but that I was, never- theless, mindful of the many proofs we had received of her friendship, and should not cease to be grateful for the ninetynine acts of friendship she had done us, merely be- cause she had refused to do the hundredth.
In short, 1 directed the notary to recite this protest ver- batim.
This protest was drawn at my leisure, and witb much consideration. It operated as 1 expected, and I am per-
DIPLOMATIC CORRESPONDENCE. 86
suaded you will see the reason of each sentence in it with- out the aid of my comments. I will only remark, that 1 was at first induced to insert, and afterwards to refuse striking out the sum, lest from leaving it uncertain, the pub- lic might have had room to conjecture, or individuals to in- sinuate, that 1 had imprudently run into such rash and expensive engagements, as to render it improper for Spain, or France to afford me the necessary supplies.
Nor did it appear to me that both of them should have reason to be ashamed of permitting our credit to be im- peached and injured for such an unimportant sum. Both Courts were blamed, and we not only acquitted, but pitied by the public.
I ought to inform you, that the sum which I really wanted did not amount to twentyfive thousand pounds, but as some straggling bills frequently made their appearance, and it could not be foreseen how much those which might still be behind would amount to, I thought it ad- visable to make a considerable allowance on that score ; for in case I should have asked for less than might after- wards have proved indispensable, I should, doubtless, have been put to great difficulties in obtaining a supply for the deficiency.
In justice to the bankers who held the protested bills, I must say that they in general appeared disposed to show me every reasonable indulgence. The house of Joyes and Sons, though considered as anti-Am%rican, were particularly civil. They offered to take such of the bills as had been remitted to them on themselves, provided I would only pass my word for the payment of them within a few weeks ; but as I had no assurance of funds, I could not risk it. Besides, unless all the bills due could have
86 JOHN JAY.
been suspended on the like terms, it could have answered no purpose, because the difference of protesting a few bills more or less was unimportant* The conduct of Don Ignacias Salaia, the notary, was so particularly and sin- gularly generous, that I cannot forbear mentioning it* Though without expectations, and uninfluenced by prom- ises from me, he behaved as if the case had been his own, and proved the sincerity of his professions by doing every- thing in his power to serve me. On perceiving how much he was engaged in my favor, I did not choose to lessen the appearance of its being disinterested by promises of rewards. But after the bills were protested, and he could be of no further use, 1 sent him a gold piece of sixteen dollars, as an acknowledgment for the trouble I had given bim. He returned it with an assurance, that he wished to serve me from other motives, and the next day waited upon me to thank me for that mark of attention, and again to assure me that bis best services were always at my command.
When the bills were protested, and M. Cabarrus' con- duct mentioned in his presence, the poor fellow literally shed tears. I was much affected by the warmth and gen- erosity of this man's heart, and should not have readily pardoned myself, had I neglected to bear this testimony to the goodness of it.
During the whole time that tbis matter was in agitation, that is from the 11th to the 16th of March, and for some- time afterwards, M. Cabarrus did not come near me.
On the 18th I wrote a letter to Dr Franklin informing him of the protest} and reciting the reasons assigned for it. I also hinted the propriety of taking up the bills at Paris, if possible*
DIPLOMATIC CORRESPONDENCE. Q^
The national pride of the Ambassador of France was hurt by this event ; I am sure he regretted it as disrepu- table and impolitic. I remarked to him, that most of our cross accidents had proved useful to us, and that this might save us the Mississippi. For I thought it more pru- dent to appear a little incensed than dispirited on the oc- casion. I suspect that there has been an interesting con- versation between the two Courts about us. He told me this winter, that he believed Spain wished to modify our independence, and to keep herself in a situation to medi- ate between us and England at the general peace. He did not explain himself iurther. As great successes on our part must operate against such designs, the Spanish Minister can neither rejoice in, nor be disposed to promote them ; and this may help both to account for the little im- pression made by the capitulation of York, and for their conduct as to our bills and propositions, &^. I am sure that they fear us too, and the more, perhaps, as they have misbehaved towards us.
Not many days elapsed before a special courier from Paris brought advices to this Court, that the British Par- liament had resolved to advise the King to cease all offen- sive operations against us, &lc. This, and the subsequent debates and resolutions of Parliament relative to the Amer- ican war, made a deeper impression here in our favor than any event which has happened since my arrival. New ideas seemed to pervade the whole Court and people, and much consultation as well as surprise was occasioned by it. . On the 26th of March I received the following letter from Dr Franklin, from the hands of M. Cabarrus, to whom 1 behaved, on that occasion, with reserved and cold politeness^
88 JOHN JAY.
"Paasy^ March 16th, 1782.
"Dear Sir,
"I have received your several favors of January 30ih, February 11th and March 1st, and propose to write fully to you by the next post. In the meantime this line may serve to acquaint you, that I paid duly all your former bills drawn in favor of M. Cabarrus, and that having ob- tained a promise of six millions for this year, to be paid me quarterly, I now see that I shall be able to pay your drafts for discharging the sums you may be obliged to bor- row for paying those upon you, in which however I wish you to give me as much time as you can, dividing them so that they may not come upon me at once. Interest should, be allowed your friends who advance for you. Please to send me a complete list of all the bills you have accepted, their numbers and dates, marking which are paid, and what are still to pay.
"I congratulate you upon the change of sentiments in the British nation. It has been intimated to me from thence, that they are willing to make a separate peace with us exclusive of France, Spain, and Holland, which so far as relates to France is impossible ; and 1 believe they will be content that we leave them the other two; but Holland is stepping towards us, and I am not without hopes of a second loan there. And since Spain does not think our friendship worth cultivating, I wish you would inform me of the whole sum we owe her, that we may think of some means of paying it off speedily.
"With sincerest regard, I am, &c. &c.
B. FRANKLIN.
"P. S. The Marquis de Lafayette has your letter." I answered this letter as follows, by a French courier.
DIPLOMATIC CORRESPONDENCE. 89
^'Madrid, March 19th, 1783.
"Dear Sir,
"On the 18th instant I informed you of my having been reduced, by M. Cabarrus' want of good faith, to the mor- tifying necessity of protesting a number of bills, which were then payable.
"Your favor of the 16th instant reached me three days ago. It made me very happy, and enabled me to retrieve the credit we had lost here by those protests. I consider your letter as giving me sufficient authority to take the necessary arrangements with the Marquis d'Yranda for paying the residue of my debts here, as well as such of the protested bills as may be returned for that purpose.
"The account you request of all the bills I have ac- cepted is making out, and when finished shall be trans- mitted by the first good opportunity that may offer. You may rely on my best endeavors to render my drafts as little inconvenient to you as possible.
"The British Parliament, it seems, begin to entertain less erroneous ideas of us, and their resolutions afford a useful hint to the other powers in Europe. If the Dutch are wise, they will profit by it. As to this Cou^t, their system (if their conduct deserves that appellation) witli respect to us has been so opposite to the obvious dictates of sound policy, that it is hard to divine whether anything but experience can undeceive them. For ray part, I really think that a treaty with them daily becomes less important to us.
"That Britain should be desirous of a separate peace with us is very natural, but as such a proposal implies an impeachment of our integrity, I think it ought to be re- jected in such a manner as to sliow that we are not igno-
VOL. VIII, 12 •
90 JOHN JAY.
I
rant of the respect due to our feelings on that head. Asi long as France continues faithful to us, I am clear that we ought to continue hand in hand to prosecute the war until all their, as well as all our, reasonable objects can be ob- tained by a peace, for I would rather see America ruined than dishonored. As to Spain and Holland, we have as yet no engagements with them, and therefore are not obli- ged to consult either their interest or their inclinations, fur- ther than may be convenient to ourselves, or than the res- pect due to our good allies may render proper.
"France, in granting you six millions, has acted with dignity as well as generosity. Such gifts, so given, com- mand both gratitude and esteem, and I think our country possesses sufficient magnanimity to receive and remember such marks of friendship with a proper degree of sensi- bility. I am pleased with your idea of paying whatever we owe to Spain. Their pride, perhaps, might forbid them to receive the money. But .our pride has been so hurt by the littleness of their conduct, that I would in that case be for leaving it at the gate of the palace, and quit the country. At present such a step would not be expe- dient, though the time will come when prudence, instead of restraining, will urge us to hold no other language or conduct to this Court than that of a just, a free, and a brave people, who have nothing to fear from, nor to request of them.
"I am, fcc. he. JOHN JAY."
On receiving Dr Franklin's letter I sent for my good friend the notary, and desired him to make it known among the bankers, that I had received supplies equal to all my occasions, and was ready to pay to every one his
( ,
DIPLOMATIC CORRESPONDENCE. 91
due. He received the commission with as much pleasure as I had the letter. He executed it immediately, and our credit here was re-established.
M. Cabarrus became displeased with himself, and took pains to bring about a reconciliation by the means of third persons, to whom I answered, that as a Christian I forgave him, but as a prudent man, could not again employ him. As this gentleman has suddenly risen into wealth and im- portance, and is still advancing to greater degrees of both, I shall insert a letter, which I wrote in reply to one from him on the subject.
TO M. CABARRUS.
"Madrid, April 2d, 1782.
"Sir,
"1 have received the letter you did me the honor to write on the 29lh of March last.
"As soon as. the examination of your accounts shall be completed, I shall be ready to pay the balance that may be due to you, either here or by bills on Paris.
"I should also be no less ready to subscribe a general approbation of your conduct, if the latter part of it had been equally fair and friendly with the first.
"Although it always affords me pleasure to recollect and acknowledge acts of friendship, yet. Sir, I can consider only one of the five instances you enumerate as entitled to that appellation. I shall review them in their order. You remind me,
"1st. That you risked the makirtg me considerable ad- nances^ at a time when I could only give you hopes y and not formal assurances of repayment.
"I acknowledge freely and with gratitude, that (exclu-
92 JOHN JAY.
sive of the commissions due to you for paying out the va- rious sums I bad placed in your hands) you did advance me between twenty and thirty thousand dollars ; but as llie United States of America were bound to repay it, and I had reason to expect supplies to a far greater amount, I conceived, and the event has shown, that you did not run any great risk, ahhough the uncertainty of the time when these supplies would be afforded, prevented my giving you positive and formal assurances of the time {^nd manner of repayment.
*'2dly. That you augmented these advances to quiet the demands of the Marquis d^Yranda,
'^Permit me to remind you, that this circumstance might have been more accurately stated. The fact was as fol- lows. I had received about fifty thousand dollars, which, by a prior contract, I had agreed to pay the Marquis on account of a greater sum borrowed from him in paper. The sum in question was in specie. You and others ojSered to exchange it for paper at the then current differ- ence. The preference was given to you. Under that confidence, and for that express purpose, the specie was sent to your bouse, and you did exchange it accordingly. With what propriety. Sir, can you consider this transac- tion in the light of making advances, or lending me money to quiet the Marquis d'Yranda ? It is true that by sending the money to your house I put it in your power, by detain- ing part of it, to repay yourself what you had before ad- vanced. But, Sir, such a proceeding would have been a ' flagrant breach of trust ; and I cannot think any gentle- man ought to give himself, or expect to receive, credit for merely forbearing to do a dishonorable action.
'*3dly. That you gave me, on my signature^ the money
DIPLOMATIC CORRESPONDENCE. 93
for which I applied to you for my personal use^ tuithout detaining any part of it on account of the balance then due to you.
^'The transaction you allude to was as follows. I had authority to draw from his Excellency, Dr Franklin, on account of my salary. It happened to be convenient to me to draw for a quarter. You agreed [to purchase my bill on him, and to pay me in specie at the current ex- change. As it was post day, I signed and sent you the bill before I had received the money. These are the facts, and it seems two favors are to be argued from them. First, that you did not scruple my signature, or in other words, that you took my bill. To this I answer, that you bad no reason to doubt its being honored. All my former ones had been duly paid. Nor could you or others pro- duce a single instance, in which my signature had not justi- fied the confidence reposed in it. Secondly, that by send- ing you the bill before you had sent me the money for it, I gave you an opportunity of keeping the money, and giv- ing my public account credit for it, and that in not taking this advantage you did me a favor.
^'After having agreed to purchase this bill, and pay me the money for it, you could have no right to detain it. And surely. Sir, you need not be informed, that there is a
r
wide distinction between acts of common justice and acts of friendship. I remember that there was then but little demand for bills on Paris, and so far as you may have been induced to take this one, from regard to my convenience, I am obliged to you.
"4thly. That by your agency you accelerated the pay- tnent of the twentysix thousand dollars,
^'I really believe. Sir, that you did accelerate it, and
94 JOHN JAY.
you would have received my thanks for it, if the unusuaJ and very particular manner, in which the order for that payment was expressed, had not been less consistent with delicacy, than with those improper fears and apprehen- sions, which the confidence due to my private as well as public character, ought to have excluded from your imag- ination. All the preceding orders, which had been given on similar occasions, directed the' nioney to be paid to me. But in this instance, as 1 owed you a considerable bal- ance, care was taken that the twentysix thousand dollars should not, as formerly, be paid to me. But to you on my account.
"5thly. That you offered to make me further advances, if either the Ambassador of France or the Minister of State would give you a positive order for the purpose, which you say they constantly refused.
"It is true. Sir, that you offered to supply me with money to pay my ^acceptances for the month of March, provided the Minister of State or the Ambassador of France would engage to see you repaid with interest, within a certain number of months, sometimes saying that you would be content to be repaid within seven months, and at others within ten or twelve months, and you re- peated this ofier to me in these precise terms on the lith of March last.
"This offer was friendly. I accepted it with gratitude, and in full confidence that you would punctually perform what you had thus freely promised. 1 accordingly made this offer known to the Minister, and solicited his consent. On the 15th day of March he authorised the Ambassador . of France to inform me, that you might advance me from forty to fifty thousand current dollars on those terras.
DIPLOMATIC CORRESPONDENCE. 95
The Ambassador sigDified this to me by letter, and that letter was immediately laid before you. Then, Sir, for the first time, did you insist on being repaid in four months, and that in four equal monthly payments, secured by orders on the rents of the post-office, or on the general treasury, &tc. &c. These terms and conditions were all new, and never hinted to me in the most distant manner until after the Minister had agreed to your first offer, and until the very moment when the holders of the bills were demanding their money, and insisting that the bills should either be paid or protested.
"The Minister rejected these new conditions, and you refused to abide by the former ones. The bills were then due. I had no time even to look out for other resources, and thereby was reduced to the necessity of protesting them.
"Such conduct. Sir, can have no pretensions to gratitude, and afibrds a much more proper subject for apology than for approbation. I confess that I was no less surprised than disappointed, and still remain incapable of reconciling these deviations from the rules of fair dealing, with that open and manly temper which you appear to possess, and which I thought would insure good faith to all who relied on your word.
"How far your means might have failed, how far you might have been ill-advised, or ill-informed, or unduly in- fluenced, are questions, which, though not, uninteresting to you, are now of little importance to me.
"[ acknowledge with pleasure, that until these late sin- gular transactions I had reason to believe you were well attached to the interests of ray country, and I present you
96 JOHN JAY.
my thanks for having on several former occasions en- deavored to promote it.
'<I am, &c. &c.
• JOHN JAY."
As M . Cabarrus was concerned in contracts with gov- ernment for mon%y, and was the projector of several of their ways and means for supplying the Royal Treasury, it appeared to roe expedient that he should wish us well, and be our banker. Some advantaged have arisen from it, and they would probably have been greater, if not op-