THE CORRESPONDENCE OF JOHN JAY.

INSTRUCTIONS TO JOHN JAY, MINISTER FOR NEGOTIATING A TREATY WITH SPAIN.

In Congress, September 29th, 1779.

Sir,

By the treaties subsisting between his Most Christian Majesty and the United States of America, a power is reserved to his Catholic Majesty to accede to the said treaties, and to participate in their stipulations, at such time as he shall judge proper, it being well understood, nevertheless, that if any of the stipulations of the said treaties are not agreeable to the Court of Spain, his Catholic Majesty may propose other conditions analogous to the principal aim of the alliance, and conformable to the rules of equality, reciprocity, and friendship. Congress is sensible of the friendly regard to these States manifested by his Most Christian Majesty, in reserving a power to his Catholic Majesty of acceding to the alliance entered into between his Most Christian Majesty and these United States; and, therefore, that nothing may be wanting on their part to facilitate the views of his Most Christian Majesty, and to obtain a treaty of alliance, and of amity and commerce with his Catholic Majesty, have thought proper to anticipate any propositions, which his Catholic Majesty might make on that subject, by yielding up to him those objects, which they conclude he may have principally in view; and for that purpose have come to the following resolution;

That if his Catholic Majesty shall accede to the said treaties, and, in concurrence with France and the United States of America, continue the present war with Great Britain for the purpose expressed in the treaties aforesaid, he shall not thereby be precluded from securing to himself the Floridas; on the contrary, if he shall obtain the Floridas from Great Britain, these United States will guaranty the same to his Catholic Majesty; provided always, that the United States shall enjoy the free navigation of the river Mississippi into and from the sea.

You are, therefore, to communicate to his Most Christian Majesty the desire of Congress to enter into a treaty of alliance, and of amity and commerce with his Catholic Majesty, and to request his favorable interposition for that purpose. At the same time, you are to make such proposal to his Catholic Majesty, as in your judgment, from circumstances, will be proper for obtaining for the United States of America equal advantages with those, which are secured to them by the treaties with his Most Christian Majesty; observing always the resolution aforesaid as the ultimatum of the United States.

You are particularly to endeavor to obtain some convenient port or ports below the thirtyfirst degree of north latitude, on the river Mississippi, for all merchant vessels, goods, wares, and merchandises, belonging to the inhabitants of these States.

The distressed state of our finances, and the great depreciation of our paper money, inclined Congress to hope that his Catholic Majesty, if he shall conclude a treaty with these States, will be induced to lend them money; you are, therefore, to represent to him the great distress of these States on that account, and to solicit a loan of five millions of dollars upon the best terms in your power, not exceeding six per cent per annum, effectually to enable them to co-operate with the allies against the common enemy. But before you make any propositions to his Catholic Majesty for a loan, you are to endeavor to obtain a subsidy in consideration of the guarantee aforesaid.[14]

FOOTNOTE:

TO THE PRESIDENT OF CONGRESS.

St Pierre's, Martinique, December 20th, 1779.

Sir,

This is the only opportunity of transmitting a letter to Philadelphia since our arrival; and as the route, which this is to take, will be very circuitous and doubtful, it will be short and general.

Having lost our bowsprit, all our masts, and many of our sails, as well as split our rudder, off the Banks of Newfoundland, we steered for this Island, and arrived yesterday afternoon. The Governor and Admiral are at Port Royal. They are informed of our being here, and I shall see them either at this or that place, according as we shall find it to be their intention to come to the one, or remain at the other. Till then, it must continue doubtful, whether we shall be able to obtain a passage in a French frigate, or speedily refit our own; neither of which can be done without the interposition of government.

Two days hence, a vessel will sail for St Eustatia. I shall write more particularly by her, and it is more than probable, that those letters will come to hand before this.

Yesterday, a fleet of twentyfive merchant-men under the convoy of a frigate, bound from France to this place, were attacked on the southern coast of Martinique, near Port Royal, by a number of the enemy's ships of war from St Lucia. Fourteen merchant-men were captured, and two driven on shore. The rest escaped during a very severe action between three line of battle ships under Monsieur le Motte Piquet, (who went from Port Royal to their relief) and double the number of the enemy. This intelligence was communicated to me this morning by the commanding officer here.

I have the honor to be, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

St Pierre's, Martinique, December 22d, 1779.

Sir,

By a message received yesterday afternoon from the Marquis de Boulliè, I find there is no reason to expect him or the Admiral here very soon. We shall, therefore, set out for Port Royal early tomorrow morning, and endeavor to get our ship refitted as soon as possible. She will follow us in a day or two, and, as the enemy's ships of war are frequently cruising near the Island, she will go under convoy; four of them are now in sight of this town.

It seems agreed on all hands, that the expense of refitting the Confederacy will be very considerable. To reduce this matter to greater certainty, I have desired the captain to make out an estimate of his wants; he promised to prepare it, and give me a copy this evening. If I receive it before nine o'clock, it will accompany this letter, otherwise it will be transmitted by the next conveyance.

The agent here tells me, he is without cash, and in debt on the public account. I fear he has been neglected. I shall, however, defer saying anything further on his subject till I shall be better informed. Should an opportunity offer of writing to your Excellency from Port Royal, I shall embrace it, if not, I shall take the first after my return. As the government here will, I hope, advance the money necessary for preparing the frigate for sea, I am anxious that you may have the earliest intelligence of it, that timely provision may be made for the payment.

Of the fleet mentioned in my letter of the 20th instant, only nine were taken or destroyed.

7 o'clock.—I had written thus far, when Captain Harding called upon me. He has made out an estimate of the ship's wants, and given it to Mr Bingham, without having made a copy for me, which it is now too late to do to go by this vessel.

On our return from Port Royal, the captain will transmit particular accounts of everything respecting the ship, which he ought to communicate. He has been too much engaged to prepare his despatches to go by this vessel, and, therefore, postpones writing for the present, especially as he would have leisure only to repeat the general account of our misfortune contained in my letter.

I have the honor to be, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

St Pierre's, Martinique, December 24th, 1779.

Sir,

My former letters to your Excellency of the 20th and 22d instant, (a triplicate of the former, and a duplicate of the latter are herewith enclosed) have already informed Congress of the disaster, which imposed upon us the necessity of coming hither. But as that necessity has been and still continues the subject of much inquiry and investigation, it is proper that the facts from which it arose be minutely stated.

On the 7th day of November last, between the hours of five and six in the morning, in latitude 41 03 N. and longitude 50 39 W. the Captain being in bed indisposed, and the master and second lieutenant on deck, the ship going nine knots an hour in a brisk breeze and rough sea, but by no means hard weather, her bowsprit and all her masts gave way in less than three minutes. The day was employed in clearing the ship of the wreck, and getting up a little sail; towards evening a heavy gale came on. During the night, the tiller was lashed fast, and she lay too very well, the wind blowing hard at south east. The next morning the shank of the rudder was found to be so much wrenched and split, that the Captain then told me he thought it a greater misfortune than the loss of the masts. There were two French gentlemen on board, who, it was said, and I believe with truth, were well skilled in maritime affairs, having been bred to that business from their infancy, viz. Monsieur Roche, a Knight of the Order of St Louis, and a Captain Remuy, of Marseilles. Either this day or the next, I am not certain which, M. Gerard remarked to me, that without any previous counsel, it seemed to be the unanimous opinion of all the naval officers on board to go to the West Indies, and that he believed it would be best, though he said he was at first inclined to oppose it. The first expedient to steer the ship was by the cable and a spar; below the split in the rudder there was a bolt with two rings, to which it had been intended to fix a chain for the purpose of steering the ship in case of such accidents, but the fixing the chains had been omitted; through this ring the Captain passed a chain, and to each end of it fastened a strong rope, which was conducted over the quarters, and this was the second mode of steering her; but from the uncommon breadth of the rudder by which its power became unusually great, and the acuteness of the angle between it and the chains rendering a greater force necessary than if it had approached nearer to a right angle; the bolt, though to appearance a good one, broke nearly in the middle, and came out.

It seems the rudder of this ship was hung after she had been launched, and that to do it the more easily an eyebolt had been fixed in each side of the rudder below the shank; to these eyebolts two chains were then fixed, which crossing the edge of the rudder in opposite directions, were fastened to pennants made of cordage, provided for the breechings of our twelve pounders. These pennants passed through blocks at the end of spars, run out of the ports of the cabin. From thence they were led through blocks in opposite ports of the main deck to the capstan, by means of which they were very conveniently managed, and the ship without much difficulty steered. Such however was the force and wear they underwent before our arrival in calmer latitudes and smoother seas, that they generally gave way every day or two; and the Captain tells me, no less than six hundred weight of that cordage has been consumed in that service.

So great was the swell off the Banks, and so high, though not severe the winds, that near a fortnight elapsed before the ship was put in her present condition for sailing. The same obstacles also retarded the repairing of the rudder, which after all was so weak that it was not thought advisable to steer by the tiller, and to prevent any further injury from its striking against the ship, which it constantly did in calm weather, bags stuffed with oakum were placed on each side of it, and a man employed night and day to tend them.

Some days before the 23d day of November, the Captain told me, he thought it advisable to call a council of his officers, and submit to their consideration the propriety of continuing our course towards Europe. M. Gerard shortly after mentioned to me the sitting of this council, and said, he could assure me that the Chevalier Roche and Monsieur Remuy would not give their opinions on the subject but in writing, and on being requested to do it in writing by the Captain. This intelligence appeared to me extraordinary, but as it was not necessary that my sentiments relative to it should be known, I made no reply to M. Gerard, but by degrees turned the conversation to another subject; nor did I give the least hint of it to the Captain, but observed a perfect silence relative to it. It appeared to me that those gentlemen either overrated their importance, or entertained improper ideas of the merit of our officers, and I confess it gave me pleasure to hear that they were not consulted at all.

The council of officers was held the 23d of November last. The Captain gave me their report, together with a return of the provisions and water on board, and assured me of his readiness to proceed to any port whatever, that M. Gerard and myself should direct. I gave these papers to M. Gerard, and although I did not think it expedient by consulting the French officers to give them reason to suppose, that I concurred in sentiments with them as to the importance of their opinions, yet I told M. Gerard, I was well satisfied he should communicate to them the report of our officers, and obtain their sentiments on the question stated in it, and the better to enable him to do it, I proposed that we should postpone the discussion of the subject till the next day, or longer if necessary. He took the papers, said it was very well, and that he would speak to those gentlemen. A day or two after, being on deck, M. Gerard took me aside and gave me the papers, telling me he had seen these gentlemen, and that they both declined giving any opinion about it; that they had always been, and still were, ready to do anything for the benefit of the ship; that had they been requested to give their opinions while the matter was in agitation, they would have done it; that it was now over, and determined; that under these circumstances their opinion would be of no avail, and that they did not choose, by declaring their sentiments, either to confirm the report, or give it ineffectual opposition. M. Gerard further intimated, that those gentlemen seemed to think their giving their advice in the course of our troubles had given offence to the officers of the ship; but I had never reason to think their apprehensions well founded. Upon this conduct of those gentlemen, I briefly observed to M. Gerard, that as they were passengers, we had no right to demand their opinions, and that they had a right to withhold them, or not, as they pleased, and for such reasons as they might think proper; but that as the Captain of the ship had been directed by the marine committee to obey such orders as he should receive from us, it was necessary that in the present conjuncture we should decide on the report; that the Captain, in my opinion, would not be justifiable in further pursuing his course against the solemn and unanimous opinion of all the officers, unless by our express orders; and he would be culpable in changing it, without a previous application to us for direction. M. Gerard observed, that he was sensible of the honor done him by the order alluded to, but that it was not convenient to him to give any opinion or direction on the subject. It did not appear to me prudent to reply to this, and therefore I took the first opportunity of turning the conversation to another topic. As this circumstance prevented the Captain's receiving any positive orders from us on the subject, he was of course left to pursue his own judgment, but being desirous of my opinion, I gave it to him, in the manner endorsed on the report of the council, of which a copy is herewith enclosed.

The reasons on which this opinion was grounded are, in part, contained in this report, but there were others not mentioned in it. That Congress may the better judge of their force, it is necessary that they be informed of some previous circumstances.

The first fair day after losing our masts, I went to the door of M. Gerard's room on the deck, which was open, to bid him good morning. Chevalier Roche was with him; they were conversing on the course most proper for us to steer, and the port most proper to make for. M. Gerard was for going to Cadiz; he had an excellent set of charts, and he had then one of the Atlantic Ocean, with its American, European, and African Coasts, and the intervening islands, before him. By the assistance of this map we perfectly understood his reasoning. The Chevalier at that time inclined to the West Indies, and I heard him, on leaving the room, tell M. Gerard, that to endeavor to get to Europe in the present condition of the ship, would be to "run a very great risk of perishing in the ocean." Some time after this, M. Gerard perceiving that I had adopted no decided opinion on the subject, (and that was really the case) in the course of an evening he spent with us in the cabin, (none of the officers of the ship being present) desired me to attend particularly to his several reasons for going to Cadiz, and consider them maturely before I made up my judgment. I promised him to do it, and was as good as my word. He proceeded to observe;

1st. That the distance to Cadiz and to Martinique differed but little, and that no weighty argument could be drawn from this difference.

2dly. That between us and Cadiz lay the Western and Canary Islands, into some one or other of which we might run, if necessary.

3dly. That if, on our arrival at either of these Islands, it should appear impracticable or imprudent to proceed further, our persons at least would be safe, and we might get to Europe in one of the many vessels, which frequent those Islands; whereas, on the other hand, there were no Islands between us and Martinique, and we should, in steering southward, be obliged to run all that distance without finding any place by the way, at which we might touch, or, in case of danger, find shelter.

4thly. That if calmer seas were our object, we should find them in going eastward as well as southward; that we must not expect to meet with the trade winds at that season but in a very remote southern latitude; that in crossing the latitude of Bermudas, we should meet with heavy squalls, and bad weather; that in the latitude between that and the trade winds, we must expect variable winds, and particularly long calms, which are often more dangerous, and more to be dreaded than hard winds.

5thly. That in a voyage to Cadiz, we should have nothing to apprehend from the enemy, but to Martinique, everything.

6thly. That if we should arrive safe at Martinique, we should probably be detained there until next Spring; that the vessels, which usually sail from thence for France every fall, would have departed before the time we should reach the Island; that he had reason to believe it would be very difficult, if not impracticable, to obtain a frigate, and, among other reasons, urged the absence of Count d'Estaing, and the improbability that any subordinate officer would undertake without his orders to grant us one, even admitting what was very unlikely, that one might be spared from the service.

7thly. That the ship might remain long at Martinique without being made ready for sea, for want of naval stores, provisions, &c.

These were M. Gerard's reasons for our steering for Cadiz, by the way of the Azores, and I do not remember to have afterwards heard an additional one. Whether the French officers really thought them conclusive, or whether they found it convenient to make a compliment of their sentiments to a gentleman very able to serve them, is uncertain; but I believe they in appearance inclined to M. Gerard's opinion, and gave him implied reasons to think their sentiments corresponded with his.

The matter appeared to me in a serious light, and to require caution on many accounts. Every consideration called me to Spain; private as well as public good forbade a difference with M. Gerard. I had reason to believe him well disposed towards me; I perceived, clearly, that he could not with any patience admit the idea of being absent from Europe at so important a season, and that he could scarcely treat with common decency the reasons urged for going to Martinique. Hence it appeared obvious, that should I be the means of his losing his objects, or should any public inconveniences result from our not being in Europe during the winter, I should be censured, not only by him, but by all those who judge of the propriety of a measure only by its consequences, of which number are the far greater part of mankind. Thus circumstanced, I found myself in a very unpleasant situation, without any way of extricating myself, but by agreeing to a sort of middle proposal; viz. to order the Captain to land us on one of the Western Islands, and then leave the ship to shift for herself. This would have satisfied M. Gerard, and we should have been as good friends as ever. I thought it my duty, however, to form my decision carefully, and honestly, and abide by it firmly. It was that we should proceed to Martinique. Some of the reasons for it are set forth in the report of the council of officers. The whole together were briefly these.

1st. That the officers of the ship, including the carpenter, who were to be presumed to be better judges than M. Gerard or myself, were of opinion, that we ought not to attempt to go to Europe, and had this reason stood single and unexplained, I should not readily have ventured to reject it, especially as it appeared to me against the interest of the officers to come to the West Indies, and I have heard them constantly and uniformly regret the necessity of it; but I also thought they decided on good grounds; for

2dly. The rudder daily gave us infinite trouble, almost everyday a pennant breaking, and on every such occasion the ship for some time left to the direction of the wind and waves, a circumstance which might be fatal in hard weather, and near land; the quantity of cordage consumed in this way of steering; the doubt of our having sufficient for the purpose without stripping the guns, which would thereby be rendered useless; the rudder irons daily becoming more and more loose, and, by the nails drawing out, opening a passage for the water into the stem of the ship. By this circumstance our bread had been damaged; the danger of our being obliged to get rid of the rudder entirely, and steering only by the cable, which in northern seas, and winter season, is very inadequate. This event would have arrived in case either of the eye bolts in the rudder had given way, as the first mentioned one had done, or the upper irons become entirely loose; and for this event it was thought necessary to prepare, by removing the obstacles to unhanging the rudder. Indeed the upper irons in the course of our passage here, with fair winds and no storms, became so loose as to render it necessary to lash the head of the rudder with ropes to a bolt fixed for the purpose in the cabin floor.

3dly. The sails we had left were bad, having been originally made, as Mr Vaughan the second Lieutenant told me, of damaged canvass; they frequently split; we had none to replace them, nor a sufficient stock of twine to mend them, eight pounds only being left of the twenty odd we brought from Philadelphia; nor were we much better supplied with cordage, for which there was a daily demand and some of which was very bad.

4thly. Our jury masts were not calculated for hard weather, the foremast being sprung a few feet below the top, and not able to endure a hard storm.

For these reasons the rough weather common in northern latitudes was by all means to be avoided, and smooth seas sought.

As to the conveniences to be derived from the Islands laying between us and Cadiz, I took some pains to examine into that matter. We had maps and descriptions of them all, and our master had been at many of them. I found there was not a single harbor in any one of them in which a ship could ride at anchor in every wind; on the contrary neither of them has anything more than open roads, out of which it is necessary for ships to make the best of their way, and put to sea whenever certain winds blow, a task which our ship was very far from being in condition to perform.

From this and other circumstances it was evident we could not refit in either of those Islands, not even so much as get a new rudder; for admitting materials for the latter could be had, yet such was the difficulty, if not impossibility, of hanging it in an open road, from whence the ship was every moment exposed to the necessity of going to sea by an unfavorable wind, that we could expect to derive no advantage from these Islands, except the prospect of obtaining some refreshments, which we could do without, and the value of which would not have compensated for the risk of approaching them in our condition.

As to the idea of our steering that course with a view of being landed on one of those Islands, and from thence going to Europe in another vessel, leaving our own to her fate, no earthly consideration could ever have reconciled me to it. The reasoning which was insisted on, that our being seasonably in Europe was of more importance to the United States than a frigate, and that in time of war, and for the public good, lives were to be risked by sea as well as by land, was a species of reasoning which applied to this case led to conclusions, which never have been, and I pray God never may be, among my principles of action. Had this plan of being landed on one of the Azores or Canaries been adopted, we should have either landed the crew with us or not; if the first, the frigate would have been given to destruction. This appeared to me inconsistent with the public good, because, if we reached Martinique, I had no doubt of a passage, and my arrival in France eight weeks sooner or later did not appear to me of equal importance to the United States with the frigate. Had the crew been left on board, it must have been with a view of saving the ship, either by her reaching Europe or the West Indies. The probability of her effecting either became then a most important question, as the lives of between two and three hundred Americans depended on the event. Against it were opposed the dangers of the seas, and the want of provisions; the former would have increased with the approach of winter, and therefore the longer the ship was detained to the northward, the more she had to suffer, and to fear. The frigate after having landed us on either of the Islands, must either have gone on towards Europe, or endeavored to get to the West Indies.

All the considerations abovementioned opposed the first, and whoever compares the time necessary for a voyage for a ship under jury masts, and almost without a rudder, from the banks of Newfoundland to the Azores or Canaries, and from thence to the West Indies, with our stock of provisions, will find them inadequate to the purpose, and be convinced of the cruelty of subjecting one's fellow citizens to such extremities. For these reasons I positively refused to join in this system.

As to the position in favor of going to Europe, that we should find the seas calmer as we advanced eastward, equally as we went southward, all the officers of the ship testified against it, nor would they admit that we had as much to dread from calms as from hard gales. The supposed difficulty of obtaining a passage from Martinique made but little impression on me. I could not suppose the Islands left unprotected by ships of war, or that the commanding officer would refuse to order a frigate on this service, if M. Gerard would represent it to be of importance, which I was sure he would do. How long our ship might be refitting here was not to be ascertained, but I could not prevail upon myself to believe, that the King of France would keep so considerable a fleet in those seas, without providing for the usual accidents they would be exposed to from the sea and the enemy. At the worst the ship would be in a safe port, and among a people bound by treaties and by interest to afford aid and protection, at least until Congress should be informed of her situation, and have an opportunity of providing for her wants. As to ourselves, in case we meet with the imagined difficulties respecting a passage, it would be easy by passing over to St Eustatia to get very safely in a Dutch ship to Holland.

On these reasons the advice I gave to the captain to come here was founded. I thought them right then, and was daily more and more confirmed in an opinion of their propriety. In the course of our run here, we had all the way fine, fair breezes; and, except in the latitude of Bermuda, smooth seas and scarce any calms. The night before we made the land, it was thought proper to lay the ship too, after the moon set, which was between twelve and one o'clock, and she continued in that position only four hours and a half. Such, however, was the effect of it upon the rudder, and so much damage did it receive from it, that had the ship continued as much longer in the same state, it was agreed on all sides, that the rudder would have been rendered useless.

M. Gerard, hurt by being disappointed in his expectation of being seasonably in France, and perhaps mortified at my preferring my own sentiments to his, ceased to observe that cordiality and frankness, which had before attended his conduct towards me. Nay, he once went so far as to tell me I had my reasons for coming here. I appeared not to understand him, and continued to endeavor to render the conversation as light and general as possible. This was a tax imposed on my feelings by regard to public good; as a private man, I should have acted differently.

Thus matters continued till about ten or twelve days before our arrival here, when M. Gerard observed to me in the presence of the captain, that it was time to think which side of the island of Martinique it would be most prudent for the ship to go, the north or south side, and proceeded to state the reasons which ought to induce us to prefer the north; particularly, that in the present condition of the ship, she would if she went to the south side be in great danger of running by the island to the leeward; for that as we might expect the wind at northeast, she would not be able to lay sufficiently close to the wind, to reach Port Royal or St Pierre's; besides, that she would be in danger of calms, and being in sight of St Lucia, would be exposed to the enemy's ships of war, without having reason to expect succor from any French ships of war; none of which, he said, cruised off the eastern part of the island, between Martinique and St Lucia. He then showed the advantages of going the other side, by an enumeration of many circumstances, of which I have notes, but which it would be too tedious to mention. The obvious meaning of all this appeared to me to be, that we should direct the captain to go to the northward of the island; but as I neither thought myself authorised, nor found myself inclined to interfere with the particular navigation of the ship, to which I was not competent, I only observed to M. Gerard, that his reasoning appeared to me to have weight; that it was a subject I did not understand, but that I thought his observations merited attention. On this the captain remarked, and I thought with propriety, that it was impossible to determine on which side of the island it would be best to go, until we were at or near the parting point, for that circumstances at present unforeseen might render that way rash, which we might now think prudent; for instance, an unexpected change in the wind, or the appearance of an enemy. He therefore thought a decision on the question improper, till we arrived off the eastern part of the island. This appeared to me so perfectly reasonable, that I thought no more about the matter, and I did not suspect that M. Gerard would have felt any further anxiety about it; but it nevertheless so happened, that in the afternoon of the 14th instant, there was a conversation in the cabin relative to a wager, which of the two we should see first, land or a sail. In the course of this conversation, M. Gerard observed, that it would depend on our going on the north or south side of the island, and insensibly leaving the subject of the wager, proceeded minutely to recapitulate his reasons for the one, and his objections to the other. In the progress of this disquisition, he grew warmer and warmer, and at length addressing himself more particularly on the captain, said, he was surprised that those facts and observations should meet with so little attention; that he owed it to his conscience and personal safety to mention and enforce them, and that he should represent the whole matter to his Court, &c. The captain repeated what he had before said relative to the impropriety of deciding on which side of the island we were to go, until we had made the land, observed whether any vessels were on the coast, and knew how the wind would be. He then questioned some matters relative to the navigation round the island, on which M. Gerard had insisted.

For my own part, as the subject was so serious, I wished to be informed of some others, which appeared to me to want explanation. The captain had informed me, that the master had been at the taking of Martinique last war, and was well acquainted with its bays, harbors, and coasts. I desired the captain to send for the master, which was immediately done. On this, M. Gerard more animated than usual, said, he pretended to no extraordinary knowledge on the subject, but that he had made inquiries, and was satisfied with the opinion he had given; then repeated what he had before said, about his conscience, personal safety, and Court, and was opening the door to go on deck, when I asked him if he would not stay, and hear what the master had to say. He said, no, he did not want to hear anything farther about it; he had done his duty in delivering what he had to us, and we might do as we pleased about the matter. I made no reply, but proceeded to examine the master, and one of the lieutenants. On the whole it did not appear to me necessary, but on the contrary invidious to give the captain any positive orders on the subject; nor did I enter into any farther conference respecting it with M. Gerard. I knew that no good would result from altercation, and that the best way of treating unreasonable propositions, cavalierly dictated, was silently to go my own way, uninfluenced by them.

This last business rendered M. Gerard still more dissatisfied with me. We observed, nevertheless, and still observe great politeness towards each other, but it proceeds more from the head than the heart. On coming ashore, I flattered myself we should have left all these controversies behind us; but this city was soon entertained with them. The opinions of French officers were taken by M. Gerard about the sufficiency of the rudder to have gone to Europe; the question about the northern and southern navigation was stated and agitated. M. Gerard claims the merit of having saved the ship, by having, as he insinuates, dragged us into the measure of taking the northern passage, &c. &c. As we are safe in the harbor, these matters are now of no consequence, and therefore I constantly avoid the subject. How they may be represented at Philadelphia is of some moment, and therefore it appears to me expedient to trouble myself and Congress with this narration.

I cannot conclude this letter without expressing my satisfaction with the attention and politeness observed by the captain and other officers towards the passengers, as far at least as my knowledge extends.

I have the honor to be, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

St Pierre's, Martinique, December 25th, 1779.

Sir,

As singular instances of humanity and patriotism always merit, and sometimes meet with public notice, I take the liberty of transmitting to Congress a copy of the Rev. Mr Keith's narrative of the conduct of a Mrs Smith, at New York, to the Americans there, who had been taken at Fort Washington.

Conversing, while at sea, with Mr Keith (our chaplain, who had been one of those prisoners) respecting the cruelties exercised towards them by the enemy, and the manner in which they were treated by the inhabitants of the city, he mentioned the behavior of this Mrs Smith; whose conduct appeared to me so remarkably liberal, disinterested, and christianlike, that I desired him to commit it to paper, with a design to enclose it to your Excellency. I know nothing more of this woman than what Mr Keith told me; but, as from his profession and character I am induced to credit what he says, I transmit this account of her, that if, on further inquiry, it be found to be just, Congress may have an opportunity of saving from poverty and distress a widow, who generously divested herself of a decent maintenance, and applied it to the relief of many citizens and servants of the United States, who were then gloriously enduring the most extreme cruelties, for their faithful attachment to the rights of their country and mankind.

I have the honor to be, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

St Pierre's, Martinique, December 25th, 1779.

Sir,

I have done, what perhaps I shall be blamed for, but my pride as an American, and my feelings as a man, were not on this occasion to be resisted. The officers of the Confederacy were here without money, or the means of getting any. The idea of our officers being obliged to sneak, as they phrase it, from the company of French officers, for fear of running in debt with them for a bottle of wine, or a bowl of punch, because not able to pay for their share of the reckoning, was too humiliating to be tolerable, and too destructive to that pride and opinion of independent equality, which I wish to see influence all our officers. Besides, some of them wanted necessaries too much to be comfortable, or, in this country, decent. In a word, I have drawn on the fund, pointed out for the payment of part of my salary, for one hundred guineas in their favor, to be divided among them according to their respective ranks. Indeed, it would have given me pleasure to have done something towards covering the nakedness of the crew; but the expense I have been put to by coming here; and the preparations for another voyage, would not admit of it.

I have the honor to be, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

St Pierre's, Martinique, December 26th, 1779.

Sir,

On our arrival here, M. Gerard told me that he was about to write to the Governor and Admiral at Port Royal, and asked me whether I also chose to write, or would leave to him the necessary communication; offering to mention to them whatever I might desire. As I was well satisfied that he should take the lead in the business, I replied, that I was obliged to him, but did not think it necessary for him to communicate anything to those gentlemen from me, except our arrival, and the confidence I had in their readiness to afford us aid.

I thought it would have been improper to apply for a passage in one of their ships, till I know in what time our own could be refitted, and on this subject it appeared to me most advisable, that application should be made by our agent here; and that I should reserve all interference, till it should be rendered necessary by obstacles. Mr Bingham accordingly wrote without delay to the Governor, and had immediate and full assurances of his readiness to afford us every aid in his power. Nothing now remained to be ascertained, but the time in which the repairs could be made, and this depended on the state of their naval stores.

Mr Bingham went with us to Port Royal, on a visit to the officers of government, (a compliment paid them by all strangers.) The Governor again assured him, that everything should be done for the ship that was possible, and some orders were given for the purpose. This passed, I believe, without M. Gerard's knowledge. About two hours after our arrival at Port Royal, he took me aside, observed that great difficulties and delays would attend the Confederacy's refitting there; that there were no masts or spars in store, and the expectation of supplies uncertain; that an old mast of a merchant-man had been purchased for one of their ships of war, and that a main yard for another had been made of four pieces for want of a proper spar, and, after some general hints about expenses, provision, &c. proposed, that the frigate should be provided with a new rudder, and proceed to America to refit. I objected, that, contrary to our expectations, the English had an acknowledged superiority in these seas; that three French frigates were at that instant flying from four ships of the line, which were in full chase of them; that a frigate under jury masts would find no safety in flight; that it would be more prudent for Captain Harding to remain here without being refitted, till he could get materials and supplies from America, or receive orders from Congress, than expose his ship to such imminent danger, and, therefore, that I could not possibly come into the measure he proposed.

M. Gerard replied, that she might be convoyed to sea by the French squadron here; but this required no answer. It was not to be supposed, that the French squadron, which, in their present state of inferiority, choose to keep their eyes constantly on Port Royal, would expose themselves to very unequal combat, for no higher object than that of convoying the Confederacy seventy or eighty leagues off the coast, or, that if they did, she would then be out of that degree of danger, to which no ship in her condition ought to be exposed. Besides, I could not reconcile it to the wisdom of France long to leave their fleet here destitute of naval stores, or to disgust their allies by a conduct neither just nor politic. We agreed to leave the matter till the next day, when we expected to see the Admiral; but in an hour or two afterwards the Admiral came in; and a very little time elapsed when the Governor, and shortly after M. Gerard told me, the "whole arrangement was completed; that the same attention should be paid to the Confederacy as if she had been a French frigate, and that the Aurora, of thirty odd guns, should carry us to France." The fact is, that the officers of government in general, and the Governor in particular, are strongly attached to everything that is American.

Our agent here is in high estimation. I really believe, from everything I hear, that he has done his duty faithfully, and that he well deserves the notice and approbation of Congress. This leads me to take the liberty of remarking, that it would, probably, be much for the public interest, if Congress were to pay off all private debts due from them to subjects of France, and have none but national engagements with that kingdom. The debts unavoidably contracted here, for the outfit of the Deane, &c. ought certainly to be paid. Our credit and reputation suffer from such delay. We sail tomorrow morning, at six o'clock.

I have the honor to be, &c.

JOHN JAY.

TO ARTHUR LEE.

Cadiz, January 26th, 1780.

Sir,

As a knowledge of the measures you may have taken and the information you may have acquired, relative to the objects of your commission from the United States of America to conclude treaties with his Catholic Majesty, would probably enable me with greater facility and advantage to execute the duties of my appointment, permit me, Sir, to request the favor of you to communicate the same to me in such manner as you may judge most prudent.

I have in my possession some letters directed to you; they are voluminous, and probably contain printed papers. They may also be confidential and important to you. Under these circumstances I can only judge of your inclination by what would be my own in a similar situation. I should wish that they might be detained till I could have an opportunity of directing the manner of their conveyance. Upon this principle they shall remain among my papers till I receive your orders what to do with them.[15]

I am, Sir, &c.

JOHN JAY.

FOOTNOTE:

TO THE COUNT DE VERGENNES.

Cadiz, January 27th, 1780.

Sir,

It is with very sensible pleasure that I commence a correspondence with a Minister, of whose disposition and abilities to promote the happiness of my country we have received repeated proofs, and on a subject that affords His Most Christian Majesty an opportunity of perceiving the desire and endeavors of the United States to become cordial and steadfast friends and allies to an illustrious branch of his royal house.

By the treaties subsisting between His Most Christian Majesty and the United States of America, His Most Christian Majesty, in consequence of his intimate union with the King of Spain, did expressly reserve to his Catholic Majesty the power of acceding to the said treaties, and to participate in their stipulations at such time as he should judge proper. It being well understood, nevertheless, that if any of the said stipulations should not be agreeable to the King of Spain, his Catholic Majesty might propose other conditions analogous to the principal aim of the alliance, and conformable to the rules of equity, reciprocity, and friendship. And the Deputy of the said States, empowered to treat with Spain, did promise to sign, on the first requisition of his Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties abovementioned, and to endeavor in good faith the adjustment of the points in which the King of Spain might propose any alteration, conformable to the principles of equality, reciprocity, and perfect amity.

But as the above reservation has always been no less agreeable to the United States than to their great and good ally, both considerations conspired in inducing them to make the first advances towards attaining the object of it. And, therefore, instead of waiting till the requisitions mentioned in the said article should be made, they have thought proper to assure his Most Catholic Majesty, not only of their readiness to comply with the terms of it, but of their desire to obtain his confidence and alliance, by carrying it immediately into execution on the most liberal principles. Trusting also that the same wise reasons which induced his Most Christian Majesty to give birth to the said article, would lead him to facilitate the endeavors of his allies to execute it, they resolved that their desire to enter into the said treaties should be communicated to his Majesty, and that his favorable interposition should be requested.

The more fully to effect these purposes, the Congress were pleased, in September last, to do me the honor of appointing me their Minister Plenipotentiary, and, in pursuance of this appointment, I sailed from America for France on the 26th of October last, with M. Gerard, who was so obliging as to wait till I could embark in the frigate assigned for his service. After being thirteen days at sea, the frigate was dismasted, and her rudder so much damaged that it was thought imprudent to proceed on our voyage. We therefore steered for Martinique, and arrived there on the 18th of December. I cannot, on this occasion, forbear expressing my warmest acknowledgments for the very polite attention and hospitality with which we were received and treated, both by the officers of government and many respectable inhabitants of that island. We left Martinique on the 28th day of the same month, in the Aurora, in which I expected to have gone to Toulon, but on touching at this place, it appeared that the further prosecution of our voyage had become impracticable, without running risks that could not be justified.

Thus circumstanced, the respect due to his most Catholic Majesty demanded an immediate communication of my appointment and arrival, which I had the honor to make in a letter to his Excellency, Don Joseph Galvez, of the Council of his Catholic Majesty, and general Secretary of State for the Department of the Indies, of which the enclosed is a copy.

Will you, therefore, Sir, be so obliging as to lay this circumstance before his Most Christian Majesty, and permit me through your Excellency to assure him of the desire of Congress to enter into a treaty of alliance, and of amity and commerce with his Catholic Majesty, and to request his favorable interposition for that purpose?

I am happy in being able to assure you, that the United States consider a cordial union between France, Spain and them as a very desirable and most important object, and they view the provision, which his Most Christian Majesty has made for it by the abovementioned article, not only as evinsive of his attention to his royal ally; but of his regard to them.

Under these views and these impressions, they are most sincerely disposed, by the liberality and candor of their conduct, to render the proposed treaties speedy in their accomplishment, and perpetual in their duration.

Your Excellency will receive this letter by M. Gerard, who is so obliging as to take charge of it, and to whom the Congress have been pleased to give such ample testimonies of their esteem and confidence, as to enable him to exert his talents with great advantage on every occasion interesting to them.

I cannot conclude without indulging myself in the pleasure of acknowledging how much we are indebted to the politeness and attention of the Marquis de La Flolte and the other officers of the Aurora, during the course of our voyage.

With great respect and esteem, I have the honor to be, &c.

JOHN JAY.

TO DON JOSEPH GALVEZ, MINISTER OF THE SPANISH COURT.

Cadiz, January 27th, 1780.

Sir,

Permit me through your Excellency to have the honor of representing to his most Catholic Majesty, that on the sixth day of February, 1778, the respective Plenipotentiaries of his most Christian Majesty, and the United States of America, by whom the treaties now subsisting between them were concluded, did make and subscribe a secret article in the words following, viz.

"The Most Christian King declares, in consequence of the intimate union which subsists between him and the King of Spain, that in concluding with the United States of America this treaty of amity and commerce, and that of eventual and defensive alliance, his Majesty had intended, and intends to reserve expressly, as he reserves by this present separate and secret act, to his Catholic Majesty, the power of acceding to the said treaties and to participate in their stipulations, at such time as he shall judge proper. It being well understood, nevertheless, that if any of the stipulations of the said treaties are not agreeable to the King of Spain, his Catholic Majesty may propose other conditions analagous to the principal aim of the alliance, and conformable to the rules of equality, reciprocity and friendship. The deputies of the United States, in the name of their constituents, accept the present declaration to its full extent; and the deputy of the said States, who is fully empowered to treat with Spain, promises to sign, on the first requisition of his Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties above written. And the said deputy shall endeavor, in good faith, the adjustment of the points in which the King of Spain may propose any alteration, conformable to the principles of equality, reciprocity, and perfect amity; he the said deputy not doubting but the person or persons, empowered by his Catholic Majesty to treat with the United States, will do the same with regard to any alterations of the same kind, that may be thought necessary by the said Plenipotentiary of the United States."

The Congress willing to manifest their readiness fully to comply with an article, which they have reason to believe particularly agreeable to their great and good ally, and being desirous of establishing perpetual amity and harmony with a Prince and nation whom they greatly respect, and with whom various circumstances lead them to wish for the most cordial and permanent friendship, have thought proper to request his most Catholic Majesty to accede to the said treaties, and thereby preclude the necessity of that measure's originating in the manner specified in the article. For this purpose they have done me the honor to appoint me Minister Plenipotentiary, and directed me to communicate to his Most Christian Majesty the desire of Congress on this subject, and to request his favorable interposition. They also made it my duty to give his Most Catholic Majesty the fullest assurances of their sincere disposition to cultivate his friendship and confidence; and authorised me, in their behalf, to enter into such treaties of alliance, amity, and commerce, as would become the foundations of perpetual peace to Spain and the United States, and the source of extensive advantages to both.

Thus commissioned I embarked without delay on board the frigate, which had been appointed to carry the Sieur Gerard to France, and sailed with him for that kingdom, from Pennsylvania, on the 26th day of October last.

But after having been thirteen days at sea, the frigate was dismasted, and her rudder so greatly injured, as to oblige us to alter our course and steer for Martinique. We arrived there on the 18th day of December last; and sailed from thence on the 28th day of the same month in a French frigate which was bound to Toulon, but had orders to touch at this port for intelligence. We arrived here the 22d instant, and received information of recent events, which rendered the further prosecution of our voyage too hazardous to be prudent.

Providence having thus been pleased to bring me directly to Spain, the respect due to his most Catholic Majesty forbids me to postpone communicating to him my appointment and arrival; and the same motive will induce me to remain here till he shall be pleased to signify to me his pleasure. For although nothing would afford me more sensible pleasure, than the honor of presenting to his Majesty the despatches, which I am charged by Congress to deliver to him, yet on this, as on every other occasion, it shall be my study to execute the trust reposed in me, in the manner most pleasing to his Majesty, agreeable to the true intent and meaning of the article abovementioned.

And that his most Christian Majesty may have the highest evidence of the intention and desire of Congress fully and faithfully to execute this article, I shall immediately do myself the honor of communicating the same, together with my appointment and arrival; and I flatter myself, that the request of Congress for his favorable interposition, will meet with the same friendly attention, which he has uniformly extended to all their concerns, and of which I am too sensible not to derive the highest satisfaction from acknowledging it on every occasion.

Mr Carmichael, my Secretary, will have the honor of delivering this despatch to your Excellency, as well as of giving every information in his power to afford. This gentleman was a member of Congress at the time of his appointment, and will be able more fully to express the ardor with which the United States desire to establish a union with France and Spain, on principles productive of such mutual attachment and reciprocal benefits, as to secure to each the blessings of uninterrupted tranquillity.

I have the honor to be, with great consideration and respect, &c.

JOHN JAY.

P. S. I do myself the honor of transmitting to your Excellency, herewith enclosed, a copy of my letter to his Excellency the Count de Vergennes.

TO THE PRESIDENT OF CONGRESS.

Cadiz, January 27th, 1780.

Sir,

This morning M. Gerard set out from this city for France, and Mr Carmichael, charged with despatches from me to the Spanish Ministry, accompanies him as far as Madrid.

We arrived here the 22d inst. and I have been so much engaged ever since in preparing letters, &c. as not to have an opportunity of writing circumstantially to your Excellency by Captain Proctor, who I am told, is to sail early in the morning for the Delaware or Chesapeake.

We left Martinique on the 28th of December, in the Aurora frigate, bound to Toulon. On touching here for intelligence we were informed that the enemy had acquired a decided superiority in the Mediterranean, and that the coast was infested by their cruisers, all of whom we had fortunately escaped. Hence it became improper for me to proceed to France by water, and it would in my opinion have been indelicate, and therefore imprudent to have passed silently through this kingdom to that, for the purpose of making a communication to his most Christian Majesty, which could be fully conveyed by paper. On this subject I shall take the liberty of making a few further remarks in a future letter.

Congress will be enabled to judge of the propriety and plan of my conduct, from the papers herewith enclosed, viz. a copy of a letter to M. Galvez, the Spanish Minister; a copy of a letter to the Count de Vergennes; of both these I have sent copies to Dr Franklin; a copy of a letter to Mr Arthur Lee; and a copy of my instructions to Mr Carmichael.

It is in pursuance of what appears to me to be my duty, that I shall render frequent, particular, and confidential accounts of my proceedings to Congress. I flatter myself care will be taken to prevent the return of them to Europe.

I have the honor to be, &c.

JOHN JAY.

INSTRUCTIONS TO WILLIAM CARMICHAEL.

Cadiz, January 27th, 1780.

You will proceed to Madrid with convenient expedition, and, if M. Gerard, with whom you set out, should travel too deliberately, I advise you to go on before him. The propriety of this, however, will depend much on circumstances, and must be determined by your own discretion.

On delivering my letter to M. Galvez, it would be proper to intimate, that I presumed it would be more agreeable to him to receive my despatches from you, who could give him information on many matters about which he might choose to inquire, than in the ordinary modes of conveyance. And it may not be amiss to let him know, that his not receiving notice of our arrival from me by M. Gerard's courier, was owing to a mistake between that gentleman and me.

Treat the French Ambassador with great attention and candor, and that degree of confidence only, which prudence, and the alliance between us may prescribe. In your conversations with people about the Court, impress them with an idea of our strong attachment to France; yet, so as to avoid permitting them to imbibe an opinion of our being under the direction of any counsels but our own. The former will induce them to think well of our constancy and good faith, the latter, of our independence and self respect.

Discover, if possible, whether the Courts of Madrid and Versailles entertain, in any degree, the same mutual disgusts, which we are told prevail at present between the two nations, and be cautious when you tread on this delicate ground. It would also be useful to know who are the King's principal confidants, and the trains leading to each.

To treat prudently with any nation, it is essential to know the state of its revenues. Turn your attention, therefore, to this object, and endeavor to learn whether the public expenditures consume their annual income, or whether there be any, and what overplus or deficiency, and the manner in which the former is disposed of or the latter supplied.

If an opportunity should offer, inform yourself as to the regulations of the press at Madrid, and, indeed, throughout the kingdom; and the particular character of the person at the head of that department. Endeavor to find some person of adequate abilities and knowledge in the two languages, to translate English into Spanish with propriety, and, if possible, elegance. I wish also to know, which of the religious orders, and the individuals of it, are most esteemed and favored at Court.

Mention, as matter of intelligence, rather than in the way of argument, the cruelties of the enemy, and the influence of that conduct on the passions of Americans. This will be the more necessary, as it seems we are suspected of retaining our former attachments to Britain.

In speaking of American affairs, remember to do justice to Virginia, and the western country near the Mississippi. Recount their achievements against the savages, their growing numbers, extensive settlements, and aversion to Britain, for attempting to involve them in the horrors of an Indian war. Let it appear also from your representations, that ages will be necessary to settle those extensive regions.

Let it be inferred from your conversation, that the expectations of America, as to my reception and success, are sanguine; that they have been rendered the more so by the suggestions of persons generally supposed to speak from authority, and that a disappointment would be no less unwelcome than unexpected.

I am persuaded, that pains will be taken to delay my receiving a decided answer as to my reception, until the sentiments of France shall be known. Attempts will also be made to suspend the acknowledgment of our independence, on the condition of our acceding to certain terms of treaty. Do nothing to cherish either of these ideas; but, without being explicit, treat the latter in a manner expressive of regret and apprehension, and seem to consider my reception as a measure, which we hoped would be immediately taken, although the business of the negotiation might be postponed till France could have an opportunity of taking the steps she might think proper on the occasion.

You will offer to transmit to me any despatches, which M. Galvez may think proper to confide to you; or to return with them yourself, if more agreeable to him.

You will be attentive to all other objects of useful information, such as the characters, views, and connexions of important individuals; the plan of operations for the next campaign; whether any, and what secret overtures have been made by Britain to France, or Spain, or by either of them to her, or each other; whether any of the other powers have manifested a disposition to take a part in the war; and whether it is probable that any, and which of them, will become mediators for a general peace, and on what plan. If the war should continue, it would be advantageous to know whether Spain means to carry on any serious operations for possessing herself of the Floridas, and banks of the Mississippi, &c. &c. &c.

Although I have confidence in your prudence, yet permit me to recommend to you the greatest circumspection. Command yourself under every circumstance; on the one hand, avoid being suspected of servility, and on the other, let your temper be always even, and your attention unremitted.

You will oblige me by being very regular and circumstantial in your correspondence, and commit nothing of a private nature to paper unless in cypher.

JOHN JAY.

WILLIAM CARMICHAEL TO JOHN JAY.

Madrid, February 15th, 1780.

Dear Sir,

I arrived in this city late in the evening of the 11th, after a tedious and disagreeable journey. The next day, although much indisposed, I waited on the French Ambassador, who had by a message over night, requested M. Gerard to engage me to dinner. I was received by him and all his family in the most friendly manner, and was offered every service in his power, to render us without those personal professions, which give birth to many unmeaning words and more suspicion. Indeed, I have neither expressions nor time to represent the apparent candor and liberality of his sentiments. He entered fully into the good disposition of his Court, and informed me, that the King, as a further proof of his friendship for us, had agreed to pay us annually the additional sum of three millions of livres during the continuance of the war, in order to enable us to purchase the necessaries for our army, &c. &c. and that his Majesty had also determined to send a considerable marine and land force early in the year to America, to be at the disposition and under the direction of our General. Seventeen sail of the line, and four thousand troops, are also to be sent to the West Indies, if they have not already sailed. Judge after this, if attention, candor, and apparent unreservedness, were not the more necessary on my part.

On inquiring, I found that M. Galvez was at the Pardo, about two leagues from Madrid, where the King resides at present, and in the course of conversation discovered, that the proper channel of address ought to have been through the Count de Florida Blanca.

The Ambassador offered to introduce me, but as this could not be done with propriety without previous application, he undertook to make it the day following, and to fix the time for my reception by both, and I think the manner will be the sole difficulty.

Among other circumstances, which induce this conclusion, is the certain knowledge I have obtained, that M. Mirales received instructions several months past to enter into engagements with Congress, to take into pay a body of troops to assist in the conquest of Florida. Your own good sense will point out the use, which may be made of this intelligence. It answers to the point of the instructions, which I had the honor to receive from you. The short time I have been in this city has not hitherto given me an opportunity of writing so circumstantially as I could wish, in the matters abovementioned, and much less of giving a decided opinion on many objects contained in your instructions. I find, however, hitherto no difficulty in acquiring in time a knowledge on most of the subjects recommended to my attention.

I have reason to believe, that the same disgusts do not subsist between the Crowns as between the nations, but the most perfect harmony and good understanding.

I have been positively assured, and from good authority, that no overtures have been made for peace.

The Dutch are arming, which is a circumstance in our favor, as their preparations originate from their discontent with England, on account of the late affair of the convoy.

Mr Harrison is here, and proposes to proceed to Cadiz next week, which will furnish me a good opportunity of writing to you. I enclose you the last paper received from America; the people were in high spirits, and everything in a good state in the beginning of January.

I cannot conclude without mentioning the very polite manner in which the French Ambassador offered his personal civilities in everything, that depended on him, to be useful to you in this place.

M. Gerard will write to you himself, yet I must do him the justice to mention his personal kindness to me, and the candid representations he has made in every public company here of the prosperous situation of our affairs.

I have the honor to be, &c.

WILLIAM CARMICHAEL

TO THE PRESIDENT OF CONGRESS.

Cadiz, February 20th, 1780.

Sir,

The papers herewith enclosed are duplicates of those, which I had the honor of transmitting to your Excellency by Captain Desaussure. As yet I have received no intelligence from Madrid, owing I believe to the extreme badness of the roads.

When at Martinique, I informed Congress by letter, dated the 25th of December last, that I had drawn a bill in favor of the officers of the Confederacy on Dr Franklin, for one hundred guineas. At the time that letter was written, I had made the officers that promise, and had directed the bills to be made out accordingly, but just as I was coming away and closing accounts with Mr Bingham, he, perceiving that the money I was about to draw for the officers was to come out of my salary, in the first instance, was so obliging as to offer to advance that sum on the credit of Congress, and thereby save me the necessity of drawing. I accepted his offer, and gave notice of it to the officers by Mr Lawrence, the clerk of the frigate.

I have the honor to be, &c.

JOHN JAY.

COUNT DE FLORIDA BLANCA TO JOHN JAY.

Translation.

Pardo, February 24th, 1780.

Sir,

Having received by the hands of Don Joseph de Galvez, the letter which your Excellency sent by Mr Carmichael, and having communicated the contents to his Majesty, I have it in command to inform you, that his Majesty highly approves the choice, which the American Congress have made of you to the trust mentioned in your letter, as well on account of the high estimation in which his Majesty holds the members who made the choice, as the information he has received of your probity, talents, and abilities. His Majesty also received with pleasure the information of the desire which the Colonies have to form a connexion with Spain, of whose good disposition they have already received strong proofs. Nevertheless, his Majesty thinks it necessary in the first place, that the manner, the forms, and the mutual correspondence should be settled, upon which that Union must be founded, which the United States of America desire to establish with this monarchy. For this purpose there is no obstacle to your Excellency's coming to this Court, in order to explain your intentions and those of the Congress, and to hear those of his Majesty, and by that means settling a basis upon which a perfect friendship may be established, and also its extent and consequences.

His Majesty thinks, that until these points are settled, as he hopes they will be, it is not proper for your Excellency to assume a formal character, which must depend on a public acknowledgment and future treaty. But your Excellency may be assured of the sincerity and good dispositions of his Majesty towards the United States, and of his earnest desire to remove every difficulty, for the mutual happiness of them and of this monarchy. This has been intimated to Mr Carmichael, who can communicate the same to your Excellency, to whom I beg leave to make a tender of my service, being, &c.

COUNT DE FLORIDA BLANCA.

TO WILLIAM CARMICHAEL.

Cadiz, February 25th, 1780.

Dear Sir,

Your favor of the 15th instant was delivered to me last evening. I congratulate you on your safe arrival, and hope the agreeable circumstances of your present situation will compensate for the fatigue and trouble you experienced on the way to it.

It gives me pleasure to hear the French Ambassador has been so obliging, and I am glad to find from your letter, that your attentions to him at least keep pace with his civilities, especially as you are no stranger to the distinction between the candor and politeness of a gentleman, and that unbounded confidence which is seldom necessary.

The intelligence you received from him is so agreeable and so interesting, that although the nature of it leaves me no room to doubt of this having been signified by the Court of France to Congress, either through Dr Franklin or the Count de la Luzerne, yet as unexpected accidents may have retarded its arrival, I shall also transmit it by a vessel, which will sail in a few days for Boston.

I regret your not having been more particular on the subject of the mistake you have been led to suppose in the direction of my letter, as I wish to have the means of determining whether it was from decisive authority that M. Gerard, whose opinion I requested on that subject, without hesitation told me, that M. Galvez was the Minister with whom all business with the United States was to be transacted, and urged several reasons for his being of that opinion. From that gentleman's knowledge of the Courts of Europe, and the departments established for the despatch of business in each, particularly with that of Madrid, with which his Court had been so long and so intimately acquainted, I was induced to desire and confide in his information on that point. Very conclusive reasons, therefore, are necessary to induce a belief of his having been mistaken. But as it is of importance that all errors of this kind be known, and, if possible, corrected, I must request your attention to this matter in your next.

I am at a loss to determine from your letter whether or not you have sent my despatches to M. Galvez. From your not having seen that gentleman, nor expecting to be introduced to him till the 17th instant, I conjecture that my letter did not reach him till that day; if so, I fear the delay will appear as singular to him as I confess it does to me. It does the more so to me, as my letter would have introduced you, and as you were apprised of my apprehension that pains would be taken to delay my receiving a decided answer, as to my reception, until the sentiments of France should be known. Perhaps the advice you received, as to the time and manner most proper for the delivery of it, was a little influenced by a desire of gaining time. I wished to have felt the pulse of Spain, and, by their conduct on this occasion, to have been enabled to determine whether their councils, with respect to the United States, are in any and in what degree independent of those of France, or whether directed by them. This would have been very useful in the further progress of the business, and might have been easily obtained, had my letter been delivered immediately on your arrival, because in that case, before the sentiments of the French Court could have been asked and received, sufficient time would have elapsed to justify your applying to M. Galvez for an answer; and, whatever that might have been, certain inferences would have been deducible from it. For these reasons, and not from an expectation of opposition from France, I regret this delay. But as my conjectures may prove groundless, and if just, you may have very cogent reasons, I forbear further remarks till I shall again have the pleasure of hearing from you.

Are you sure that the intelligence you heard respecting M. Mirales is certain? I am sorry by this question to lengthen your next letter, especially as writing in cypher is tedious and disagreeable. But that intelligence is important; if credited, it may have an influence on American measures, which, if it should be groundless, might be injurious. The transmission of information to Congress, by which their councils and determinations may be affected, is a very delicate business, and demands the greatest care and precision. It is not uncommon, you know, for one gentleman to think a matter certain, which another of no greater discernment, and judging by the same evidence, will deem somewhat doubtful. I would choose, therefore, with respect to all interesting intelligence, and particularly such as I may transmit to Congress, to possess as far as possible every circumstance necessary to form a judgment of its credibility, such as the rank and character of the informants, and the means they have of acquiring the information they give, that I may represent it as entitled to that degree of credit only, which, on full consideration, it may appear to deserve. I observe this less with reference to the case in question than as a general rule. Besides, as we correspond in cypher, no danger can result from being explicit.

I am well satisfied that the short time you had been at Madrid did not admit of your writing on the several subjects contained in your instructions, on all of which, if allowed sufficient time, I am persuaded you will be able to obtain important information. However, as the object of your going to Madrid was to prevent delays in my receiving an answer to the letter to M. Galvez, the other instructions, however important, are to be considered as secondary, and though I wish that great and constant attention may be paid them, yet by no means to the neglect or prejudice of the first.

I am much obliged to you for the American paper enclosed in your letter. Everything from our country is interesting. If you should find any more of them, whose contents afford either information or entertainment, send them, and you shall receive from me all I may meet with here, which come under that description.

The letter you gave me reason to expect from M. Gerard has not yet arrived; perhaps the next post will bring it. On the first occasion I have of writing to him, I shall take the liberty of mentioning the sense you have of his personal kindness and attention to you.

The polite offers of the French Ambassador to be useful to me in all things that depend on him at Madrid, as well as his civilities to you, demand my acknowledgments, which I must beg the favor of you to present to him.

I am, Dear Sir, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

Cadiz, February 29th, 1780.

Sir,

I have the honor of transmitting to your Excellency in the enclosed papers,[16] all the intelligence I have received from Madrid. Mr Secretary Thompson will decypher them. An opinion begins to prevail, that America will be the theatre of war the ensuing campaign, and that the islands there will be the principal objects of contention.

I have the honor to be, &c.

JOHN JAY.

FOOTNOTE:

TO THE PRESIDENT OF CONGRESS.

Cadiz, March 3d, 1780.

Sir,

Agreeably to my promise to the Marquis de la Flotte, I must inform your Excellency, that a Monsieur Jean Guy Guatier, merchant at Barcelona, recommended to the Marquis by Monsieur Aubere, the French consul there, is desirous of becoming the consul of the United States at that port. He had been encouraged, as M. Aubere says, to expect this appointment by Dr Franklin, but as he supposed my arrival would prevent the Doctor's interference, it became necessary to make the application to me. I told the Marquis that my commission did not authorise me to comply with his request, and that all I could do would be to mention his friend's application to Congress.

How far it may be proper to grant appointments of this sort to any but citizens of America, is a question whose importance will not, I am persuaded, escape the notice of Congress. A sensible, active consul is a very useful officer in many respects, and has many opportunities of doing essential services to those who employ him, or to whom he may be most attached. It is most certain, that for want of proper persons appointed to take care of our distressed seamen, who, escaping from captivity at Lisbon, Gibraltar, &c. daily arrive here, America loses many of them. Humanity as well as policy calls for this provision. I have some of them now with me, destitute of bread and money, and almost of clothes, and of the means of getting either, unless by entering into the French or Spanish service. Such as may arrive here after my going to Madrid will be friendless unless I employ some person to take a little care of them, which I shall take the liberty of doing, being fully persuaded that the same principles which press me into that measure will induce Congress to approve it.

I have the honor to be, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

Cadiz, March 3d, 1780.

Sir,

Captain Morgan being still here, waiting for a fair wind, I have an opportunity of transmitting to your Excellency a copy of a letter[17] just come to hand from the Count de Florida Blanca, in answer to mine to M. Galvez.

Being apprehensive that if present I should probably be amused with verbal answers capable of being explained away if necessary, until the two courts could have time to consult and decide on their measures, I thought it more prudent that my first application should be by letter rather than in person.

The answer in question, divested of the gloss which its politeness spreads over it, gives us, I think, to understand, that our independence shall be acknowledged, provided we accede to certain terms of treaty, but not otherwise; so that the acknowledgment is not to be made because we are independent, which would be candid and liberal, but because of the previous considerations we are to give for it, which is consistent with the principles on which nations usually act.

I shall proceed immediately to Madrid. There are many reasons (hereafter to be explained,) which induce me to suspect that France is determined to manage between us, so as to make us debtors to their influence and good correspondence with Spain for every concession on her part, and to make Spain hold herself obligated to their influence and good correspondence with us for every concession on our part. Though this may puzzle the business, I think it also promotes it.

M. Gerard has often endeavored to persuade me, that a certain resolution of Congress would, if persisted in, ruin the business, which however he did not appear much inclined to believe, but, on the contrary, that if every other matter was adjusted you would not part on that point. I assured him that ground had, in my opinion, been taken with too much deliberation now to be quitted, and that expectations of that kind would certainly deceive those who trusted them. And, indeed, as affairs are now circumstanced, it would, in my opinion, be better for America to have no treaty with Spain, than to purchase one on such servile terms. There was a time when it might have been proper to have given that country something for their making common cause with us, but that day is now past. Spain is at war with Britain.

I do not like the cypher in which I write, and shall therefore defer further particulars till Mr Thompson shall receive the one now sent him.

I have the honor to be, with great respect and esteem, your Excellency's most obedient servant,

JOHN JAY.

FOOTNOTE:

DE NEUFVILLE & SON TO JOHN JAY.

Amsterdam, April 6th, 1780.

Sir,

We beg leave to congratulate your Excellency on your safe arrival in Europe. By principle warmly attached to the American cause, we could wish that we saw our States in a situation to acknowledge the independence of their sister Republic, and though we could only cultivate private connexions as yet, we took the liberty to address some intelligence to your Excellency when President of Congress. We should reckon ourselves extremely happy to know whether our letter came to hand before your Excellency left Philadelphia, and whether we may form any hopes that our zeal may prove successful for the benefit, as we intended, of both countries.

Meanwhile we have the honor to be, with all possible regard, &c.

JOHN DE NEUFVILLE & SON.

ANSWER TO DE NEUFVILLE & SON.

Madrid, April 27th, 1780.

Gentlemen,

I have had the pleasure of receiving your favor of the 6th instant, and am much obliged by your kind congratulations on my arrival in Europe.

The letters you mention to have written to Congress had been received before I left Philadelphia, and referred to a committee. This mark of attention was justly due to the interest you take in the American cause, and the disposition you manifest to serve it. I presume that the committee soon made a report, and that answers to your letters have been written, although perhaps the many hazards to which letters from America are exposed may have prevented their reaching you.

When the rulers of your republic recollect in what manner and on what occasion they became free, I am persuaded they cannot but wish duration to our independence, nor forbear considering it as an event no less interesting to every commercial nation in Europe than important to America. These and similar considerations, added to the injustice they daily experience from England, will, I hope, induce them to call to mind that spirit of their forefathers, which acquired a glorious participation in the empire of the ocean, and laid the foundation of the commerce, affluence, and consideration they transmitted to their posterity.

Permit me to assure you that I shall consider your correspondence as a favor, and that I am, with great respect, &c.

JOHN JAY.

TO THE PRESIDENT OF CONGRESS.

Madrid, May 26th, 1780.

Sir,

Since my departure from America I have had the honor of writing the following letters to your Excellency, viz. 20th, 22d, 24th, 25th, 25th, 26th and 27th of December, 1779, from Martinique; and 27th of January, 20th, 28th and 29th of February, and 3d of March, 1780, from Cadiz. I am still uncertain whether any, and which of them, have come to your hands, and request the favor of particular information on this subject.

Of such of them as respect immediately the business committed to me I now send duplicates, as well as copies of such other papers as, taken collectively, will give Congress a full and accurate state of their affairs here.

This packet, of which an exact copy goes by another vessel, will appear voluminous. It will nevertheless be found interesting. I have interspersed such observations as to me appeared proper for the purpose of explanation.

On the 22d of January, 1780, I arrived at Cadiz, without letters of credit or recommendation to any person there. The Chevalier Roche (a passenger with us) was so obliging as to procure me credit for about two hundred pounds sterling with a relation of his, to whom I was obliged to give a bill on Dr Franklin at a more than usual short sight. I afterwards became acquainted with the house of Le Couteulx and Company, who offered me what money I might want, and furnished me accordingly, with great cheerfulness. I was very disagreeably circumstanced.

Finding reports ran hard against American credit, and that bills on Dr Franklin were held very cheap, by reason of his having, as was there said, postponed, delayed, and in some instances refused payment of them, on very frivolous pretences, I did, on the 26th of January, 1780, inform him by letter of my arrival, and of these reports.

In answer to this, the Doctor, on the 7th of April, 1780, wrote me a very friendly letter, asserting these reports to be false, and enclosing a certificate of his banker, which proved them to be so. Of this I have made the proper use, and as the same reports prevailed in Martinique, and probably in the other islands, I wish the remedy to be as extensive as the mischief, and therefore transmit the following extract from his letter on that subject, and a copy of the certificate mentioned in it.

Extract of a Letter from his Excellency Dr Franklin, dated April 7th, 1780.

"The reports you tell me prevail at Cadiz, that the Loan Office Bills, payable in France, have not been duly honored, are wicked falsehoods. Not one of them, duly endorsed by the original proprietor, was ever refused by me, or the payment delayed a moment. And the few not so endorsed have been also paid on the guarantee of the presenter, or some person of known credit. No reason whatever has been given for refusing payment of a bill, except this very good one that either the first, second, third or fourth of the same set had been already paid. The pretence that it was necessary for the whole set to arrive before the money could be paid, is too absurd and ridiculous for anyone to make use of, who knows anything of the nature of exchange. The unexpected large draughts made upon me by Congress and others, exclusive of these from the Loan Office, have indeed sometimes embarrassed me not a little, and put me to difficulties. But I have overcome those difficulties, so as never to have been obliged to make the smallest excuse, or desire the least delay of payment from any presenter of such bills. Those reports must therefore have been contrived by enemies to our country, or by persons who proposed an advantage to themselves by purchasing them at an under rate. Enclosed I send you a certificate of our banker in refutation of those calumnies."

Copy of the abovementioned Certificate.

Translation.

"I, the subscriber, banker at Paris, and alone charged with the payment of the bills of the Loan Office, declare, that I have paid, without exception or delay, all such bills to this date, accepted by his Excellency Dr Franklin; that, to my knowledge, no such bill has been refused payment; but that several have been presented after they had been once paid.

"I declare further, that whatever is contradictory to this present is false.

"In testimony of which I have here signed my name at Paris, this 15th of March, 1780.

GRAND."

It appearing to me of importance that I should as soon as possible be informed of the measures, which Mr Arthur Lee might have taken leading to a treaty between the United States and Spain, I did, on the 26th of January, 1780, write him a letter, of which the following is a copy.[18]

Mr Lee, in answer to this, wrote me a polite letter on the 17th of March, 1780. The following is a copy of it.[19]

As, for reasons, which will appear in the course of the following papers, and which I hope will meet with the approbation of Congress, it became proper for me to remain in Spain, I apprised the Court of France of it by a letter to his Excellency the Count de Vergennes, on the 27th of January, 1780, of which the following is a copy.[20]

The Count's answer to this is in the following words.

Translation.

"Versailles, March 13th, 1780.

"Sir,

"I have received your favor of the 27th of January, and I am fully sensible of the confidence you have reposed in me, by communicating to me the object of your mission. You know too well the attachment of his Majesty to the United States, not to feel assured that he sincerely wishes you success, and will be eager to contribute to it. The Count de Montmorin has received instructions accordant with this disposition, and I do not doubt that your confidence in him will enable him to fulfil them to your entire satisfaction.

"I have the honor to be, &c.

DE VERGENNES."

On the 9th of May, 1780, I replied to the Count as follows.

"Aranjues, May 9th, 1780.

"Sir,

"The letter which your Excellency did me the honor to write me, on the 13th of March last, was delivered to me by the Count de Montmorin on my arrival at Madrid.

"I should not have thus long delayed the pleasure of replying to it, if I could have prevailed upon myself to have given your Excellency complimentary professions, instead of sincere assurances. Unreserved confidence in an Ambassador of our great and good ally was just, as well as natural; and I am exceedingly happy to find that personal considerations, instead of forbidding, prompt it. M. Gerard, whose judgment I greatly respect, had given me a very favorable impression of this gentleman, and I am convinced from my own observation, that he was not mistaken. His conduct towards me has been that of a wise minister, and a candid gentleman. Your Excellency may therefore rely upon his receiving all that confidence from me, which these considerations dictate. Permit me to add, that I never indulge myself in contemplating the future happiness and independence of my country, without feeling the warmest attachment to the Prince and people, who are making such glorious exertions to establish them.

"With the most lively sentiments of respect and esteem, I have the honor to be, &c.

JOHN JAY."

I requested the favor of M. Gerard to inform me, to which of the Ministers of Spain it would be proper to address any letters, which I might think proper to write to that court. He told me M. Galvez, and enumerated his reasons for thinking so. On the 27th of January, 1780, I wrote a letter to that Minister. The following is a copy of it.[21]