The Diplomatic Correspondence of the American Revolution
Chapter 284 : On the report of a committee to whom were referred certain instructions to the delegat

On the report of a committee to whom were referred certain instructions to the delegates of Virginia by their const.i.tuents, and a letter of the 26th of May, from the Honorable John Jay, Congress unanimously agreed to the following instructions to the Honorable John Jay, Minister Plenipotentiary of the United States of America, at the Court of Madrid.

That the said Minister adhere to his former instructions, respecting the right of the United States of America to the free navigation of the river Mississippi into and from the sea; which right, if an express acknowledgment of it cannot be obtained from Spain, is not by any stipulation on the part of America to be relinquished. To render the treaty to be concluded between the two nations permanent, nothing can more effectually contribute, than a proper attention, not only to the present but the future reciprocal interests of the contracting powers.

The river Mississippi being the boundary of several States in the union, and their citizens, while connected with Great Britain, and since the revolution, having been accustomed to the free use thereof, in common with the subjects of Spain, and no instance of complaint or dispute having resulted from it, there is no reason to fear, that the future mutual use of the river by the subjects of the two nations, actuated by friendly dispositions, will occasion any interruption of that harmony which it is the desire of America, as well as of Spain, should be perpetual. That if the unlimited freedom of the navigation of the river Mississippi, with a free port, or ports below the 31st degree of north lat.i.tude, accessible to merchant s.h.i.+ps, cannot be obtained from Spain, the said Minister in that case be at liberty to enter into such equitable regulations as may appear a necessary security against contraband; provided the right of the United States to the free navigation of the river be not relinquished, and a free port or ports as above described be stipulated to them.

That with respect to the boundary alluded to in his letter of the 26th of May last, the said Minister be, and hereby is instructed, to adhere strictly to the boundaries of the United States as already fixed by Congress. Spain having by the treaty of Paris ceded to Great Britain all the country to the northeastward of the Mississippi, the people inhabiting these States, while connected with Great Britain, and also since the revolution, have settled themselves at divers places to the westward near the Mississippi, are friendly to the revolution, and being citizens of these United States, and subject to the laws of those to which they respectively belong, Congress cannot a.s.sign them over as subjects to any other power.

That the said Minister be further informed, that in case Spain shall eventually be in possession of East and West Florida, at the termination of the war, it is of the greatest importance to these United States to have the use of the waters running out of Georgia through West Florida into the Bay of Mexico, for the purpose of navigation; and that he be instructed to endeavor to obtain the same, subject to such regulations as may be agreed on between the contracting parties; and that as a compensation for this, he be and hereby is empowered to guaranty the possession of the said Floridas to the Crown of Spain.

TO DE NEUFVILLE & SON.

Madrid, October 4th, 1780.

Gentlemen,

I have lately had the pleasure of receiving your favor of the 7th of September. After the proofs you have given of disinterested zeal in the cause of liberty and America, I cannot harbor a doubt of your opposing the measures of a Court industriously employed in attempts to destroy both.

Your sentiments respecting the expediency of a connexion between the United States and your Republic concur with my own, and I am persuaded that those who know and wish well to the interests of both will a.s.siduously promote it.

As I have received no further intelligence respecting Mr Laurens, I can add nothing on that subject. I cannot doubt but that good reasons have detained him, though I do not know what they are. Congress, I am sure, will continue their attention to the objects of his appointment, and will be happy in cultivating a friendly connexion with a people whose history exhibits many instances of heroic and glorious exertions in a cause similar to their own. Those among you who know history, and venerate the names and characters of their forefathers, cannot consent to be the instruments of despotism, to deprive others of those rights which were purchased for themselves by the blood of their own ancestors.

When or how far it may consist with the views of Congress to make mercantile appointments in your country, I cannot determine; should they ever become necessary, I cannot doubt of your being remembered.

The most powerful recommendation I can give them, will be by sending them our correspondence; and for that purpose, copies of all the letters that have pa.s.sed between us are now preparing, and shall, together with duplicates and triplicates, be sent by the first vessels.

As to the late ordinance of Spain establis.h.i.+ng a paper currency, it is a subject on which I make no remarks, and for this very good reason, that the policy and propriety of that measure are objects without my sphere, on which I can have no influence, and which would not be altered by anything I might say or write about them.

The Mexican dollars, mentioned in the bills drawn upon me, I understand to be only another name for Spanish milled dollars, which you know pa.s.s here at twenty reals of vellon. How far the sale or payment of these may be affected by the paper in question I know not, though I must confess that I do not apprehend so much evil from it as some others do. These bills will be on an equal footing with all others drawn on Spain, and you will readily suppose it not to be in my power to put them on a better.

The King of Spain has been so kind as to offer to become responsible to a certain amount for monies which I may borrow for Congress, payable in three years. Be so kind as to inform me whether this could be done in your country, on their _joint credit_, how far, and on what terms.

I have the honor to be, &c.

JOHN JAY.

TO JAMES LOVELL.

Madrid, October 27th, 1780.

Dear Sir,

Your letter of the 11th of July gave me much pleasure. There is a degree of ease and cordiality in it, which, as mere letters of business do not require, I am the more obliged to you for.

It is true that I might write to Congress very often, indeed by every vessel, and there are many of them. But how are my letters to get to the sea-side? By the post? They would be _all_ inspected, and many suppressed. There is scarce a man in any of the ports, except Mr Harrison at Cadiz, with whom I would trust them; so that if, under different covers, I should get them there, the danger would not end.

To write often, and write nothing material, would be useless; and when you see my public letters, by this opportunity, you will perceive, that, to be well understood, I must write a great deal.

I would throw stones too, with all my heart, if I thought they would hit only the committee, without injuring the members of it. Till now I have received but one letter from them, and that not worth a farthing, though it conveyed a draft for one hundred thousand pounds sterling on the bank of hope.

One good private correspondent would be worth twenty committees, made of the wisest heads in America, for the purpose of intelligence. What with clever wives, or pretty girls, or pleasant walks, or too tired, or too busy, or do you do it, very little is done, much postponed, and more neglected. If you are naturally industrious, and love your country, you would frequently take up your pen and your cyphers, and tell me how the wheel of politics runs, and what measures it is from time to time turning out. I should be better informed and Congress better served. I now get more intelligence of your affairs from the French Amba.s.sador, than from all the members of Congress put together.

I had written thus far, when I received a letter from M. Le Couteulx at Cadiz, enclosing a letter of the 16th of September, written at St Ildefonso from me to Congress. It had been enclosed in one to Mr Harrison, and that again put under cover to M. Le Couteulx, and, under these two covers, it was put into the post office. Now mark its fate.

The Director of the post office at Cadiz showed it to M. Le Couteulx, naked and stripped of its two covers, of which he made no mention. He said it came from Bayonne, but M. Le Couteulx, knowing my hand writing, paid the postage, and returned it to me. This is only one among many instances of the fate to which my letters are subjected. To avoid it, I must now be at the expense of sending Colonel Livingston to the sea-side with my despatches.

When at Cadiz, I heard some of our countrymen, who had been prisoners at Lisbon, speak handsomely of M. Dohrmer. They mentioned his having supplied them with necessaries, but at the same time told me that he had been employed for the purpose by Dr Franklin. Hence it happened that I declined mentioning his usefulness to Congress. I considered him as an agent of Dr Franklin, who did his duty faithfully, and thought it would be more proper for him to recommend his services to the notice of Congress than for me.

I am, dear Sir, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

Madrid, November 6th, 1780.

Sir,

The last particular letter I had the honor of writing to your Excellency was dated the 26th of May, and, with a duplicate, was carried to Cadiz by Mr Harrison, who sent one by the Peac.o.c.k, Captain Davis, to Boston, and the other by the General Arnold, Captain Jenkins, to Alexandria in Virginia. They both sailed in June last, and the former, I hear, arrived safe after a short pa.s.sage.

I have since written several letters to your Excellency, but as they went to the seaports by the post, none of them contained anything material, except one from St Ildefonso of the 16th of September, advising Congress of the necessity of suspending further drafts on me for the present.

Congress will recollect, that my letter of the 26th of May contained notes of a conference I had with the Minister on the 11th of that month, on the subjects of my two former letters to him, the first in answer to his questions, and the latter relative to the resolution for drawing bills upon me. It may be remembered also, that, in this conference, the Minister promised me his sentiments in writing in a few days, as well on the subject of the proposed treaty, as on the bills which were daily expected. The first I have not yet received, and it was not before the 7th of June that I was favored with the latter.

In this interval there arrived here from England, by the way of Lisbon, an Abbe Hussey. He came to Lisbon in company with Mr c.u.mberland, one of Lord George Germain's secretaries, who, with his family, purposed, on obtaining permission, to come to Madrid. This priest was known to many, being a pensioner of the Spanish Court, and formerly in the late Prince Ma.s.sarano's family. Indeed he took no pains to conceal himself, or his business, which was to obtain permission for his friend to proceed, on account of the bad health of a daughter. Mr Carmichael watched his motions with success and industry, and was the first who mentioned his arrival to me. He hired lodgings and a coach for Mr c.u.mberland, and visited several persons about the Court, particularly M. del Campo, First Secretary of the Minister.

On the first of June I received a card from the Minister, desiring to see me at nine o'clock the next evening. I waited upon him accordingly. The following are notes of what pa.s.sed upon that occasion.

[Notes of a Conference between his Excellency the Count de Florida Blanca and Mr Jay, in the office of the former at Aranjues, 2d of June, 1780, reduced to writing, immediately after the conference ended, by Mr Carmichael, who was present at it.]

In consequence of a card received by Mr Jay yesterday, from his Excellency the Count de Florida Blanca, appointing him a meeting at nine o'clock this evening, Mr Jay waited on him at that hour. The conversation commenced on the part of the Minister, with polite inquiries for the state of Mr Jay's health, which, he said, had induced him not to send the notes promised on the former meeting, at the time when appointed, as he had been informed that he was indisposed. He attributed to his own frequent ill state of health (a disorder of the nerves, occasioned by his necessary application to business) the disappointment and delay to which, without intending it, the business that pa.s.sed through his hands was sometimes subjected. He then said, that on Sunday following, at eleven o'clock in the forenoon, if Mr Carmichael would wait on him, he would send Mr Jay the notes formerly promised him.

He added that his reason for desiring to see him at present proceeded from something mentioned to him by the French Amba.s.sador, of which he supposed he was informed. He recapitulated what he had before mentioned of the King's good faith and favorable disposition towards America, and entered more fully into his conduct in the negotiation with Great Britain, when the Court of Spain proposed a truce between that country and the United States, observing, that as the King at that period was determined not to sacrifice our interests, it could not be supposed that now, when at war with Great Britain, his Majesty would be less disposed to maintain them. After these reflections and a.s.surances, he told Mr Jay that the person lately from England, by the way of Portugal, was the chaplain of their former Emba.s.sy at London; that he had been there for some time on his private affairs, and had at the same time instructions concerning an exchange of prisoners, which their sufferings rendered expedient; that the death of an uncle, a chaplain of the Court, had obliged him to return; that an English gentleman and his family had come to Lisbon with him, under the pretext, or really on account of the ill health of a daughter, to whom the Duke of Dorset was much attached; that the opposition made by his friends to the marriage had affected her health, and that this family was desirous of pa.s.sing through Spain to Italy. He added, that this gentleman was one of Lord George Germain's secretaries, and would perhaps have some proposals to make for an exchange of prisoners, and possibly others of a different nature, which he a.s.sured Mr Jay should be communicated to him as candidly as he had communicated the extravagant scheme presented by Sir J. Dalrymple. He desired Mr Jay, therefore, to make himself easy on this subject, giving new a.s.surances of the King's strict regard to justice and good faith, and of his disposition to a.s.sist America.

Mr Jay begged him to be persuaded of the perfect confidence of America and himself, and of their reliance on the good faith, justice, and honor of his Catholic Majesty; that he had no other apprehension from the circ.u.mstance of Englishmen resorting to this Court, than that the enemy would on this, as on former occasions, avail themselves of it, by endeavoring to alarm and deceive our people.

The Count de Florida Blanca a.s.sured Mr Jay, that he would shortly give him such proofs of the King's intentions, as would enable him to prevent any bad effects from such misrepresentations, and convince America of his Majesty's favorable disposition and good faith. After repeating a.s.surances of his full confidence, Mr Jay mentioned that he had received two bills of exchange, drawn by order of Congress on him, and that he should take no measures on that subject, as he had before the honor of telling him, till he had consulted his Excellency. The Count, having asked the amount, and being told that the bills were for between six and seven hundred dollars, told him, smiling, that he might accept them, and he hoped so to arrange matters, as, in a short time, to make him easy on that head. He then said, that an expedition had been suggested to him, in which the Americans might co-operate; but, without entering into particulars, he recollected himself, and said he would send the project to Mr Jay by Mr Carmichael at the same time that he should give him the other papers. The conference ended with mutual compliments.

_June 4th._ This morning the Chevalier de Burgoing, Secretary of the French Emba.s.sy, waited on Mr Jay, and afterwards on Mr Carmichael, and told them the Amba.s.sador had informed him, that the Count de Florida Blanca had received despatches from Versailles, which demanded his instant attention, and that, therefore, he could not see Mr Carmichael until the 5th, at the hour mentioned in the conference of the 2d. Mr Jay, however, having received no direct message from the Minister, thought it proper for Mr Carmichael to wait on him at the place and hour appointed. Accordingly he went to the Bureau of Foreign Affairs, and was told by order of the Minister, that he had desired the Amba.s.sador to acquaint Mr Jay, that he could not see Mr Carmichael that day, but desired to see him next Monday, at eleven.

_June 5th._ Mr Carmichael waited on the Minister, agreeably to appointment, who, on his entrance, immediately expressed his concern, that the arrival of a courier, which informed him of the intentions of the Court of Great Britain to expedite the sailing of their grand fleet, had engaged his attention so much as to prevent him from fulfilling his promise of sending the notes mentioned in the former conferences, that he would certainly do it on the Wednesday following, and desired Mr Carmichael to wait on him that day at the same hour to receive them. He then mentioned an expedition, which had been proposed to him from Bilboa, to intercept the homeward bound s.h.i.+ps of the East India Company, by equipping some frigates in America at the expense of his Catholic Majesty, desiring Mr Carmichael to communicate this to Mr Jay, that he might turn his attention to that object, to enable him to judge of the probability of its success. He touched slightly on the subject of bills of exchange, and on the only difficulty of the treaty, viz. the navigation of the Mississippi, which he said he hoped some middle means might be hit on to obviate. He concluded by saying that he would give his sentiments on that, and other subjects to Mr Jay in writing at the time abovementioned, and hoped that he would believe the delay hitherto proceeded from no other motives than those he had mentioned. Mr Carmichael a.s.sured him, that Mr Jay was too sensible of the importance of his other occupations, and of his candor, to impute the delay to any other cause, and after common civilities he withdrew.

This conversation needs no comment. It promised well. On or about the 19th of June, Mr c.u.mberland, his wife, and two daughters arrived, appeared publicly, and were openly visited and received by persons of distinction. But although it was not difficult to know who he was, and with whom he a.s.sociated, his business and measures continue to this day mere objects of conjecture, further that he or the Minister has thought proper to communicate them.[25] The impression made by his arrival on the minds of the people is worthy of remark. They supposed his errand to be secret overtures for peace, and as far as I can judge were very glad of it. There is reason to believe that he favored these conjectures from the first. He has since said publicly, that he was authorised to offer to Spain Gibraltar, and other advantageous terms.

On the 7th of June, I received from the Minister his notes on the subject of aids. They are in these words.

Translation.