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The Diplomatic Correspondence of the American Revolution, Vol. 08

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Title: The Diplomatic Correspondence of the American Revolution, Vol. 08

Editor: Jared Sparks


        
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Language: English

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Produced by Frank van Drogen, Chris Logan and the Online
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by the Bibliothèque nationale de France (BnF/Gallica) at
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THE

DIPLOMATIC CORRESPONDENCE

OF THE

AMERICAN REVOLUTION.

VOL. VIII.




THE

DIPLOMATIC CORRESPONDENCE

OF THE

AMERICAN REVOLUTION;

BEING

THE LETTERS OF BENJAMIN FRANKLIN, SILAS DEANE, JOHN ADAMS, JOHN JAY,
ARTHUR LEE, WILLIAM LEE, RALPH IZARD, FRANCIS DANA, WILLIAM
CARMICHAEL, HENRY LAURENS, JOHN LAURENS, M. DE LAFAYETTE, M. DUMAS,
AND OTHERS, CONCERNING THE FOREIGN RELATIONS OF THE UNITED STATES
DURING THE WHOLE REVOLUTION;

TOGETHER WITH

THE LETTERS IN REPLY FROM THE SECRET COMMITTEE OF CONGRESS, AND THE
SECRETARY OF FOREIGN AFFAIRS.

ALSO,

THE ENTIRE CORRESPONDENCE OF THE FRENCH MINISTERS, GERARD AND LUZERNE,
WITH CONGRESS.


Published under the Direction of the President of the United States,
from the original Manuscripts in the Department of State, conformably
to a Resolution of Congress, of March 27th, 1818.


EDITED

BY JARED SPARKS.


VOL. VIII.


BOSTON:

NATHAN HALE AND GRAY & BOWEN;

G. & C. &. H. CARVILL, NEW YORK; P. THOMPSON, WASHINGTON.


1830.




Steam Power Press--W. L. Lewis' Print.

No. 6, Congress Street, Boston.




CONTENTS

OF THE

EIGHTH VOLUME.


JOHN JAY'S CORRESPONDENCE,

CONTINUED.


                                                                 Page.

    Robert R. Livingston to John Jay. Philadelphia, December
    13th, 1781,                                                      3

        Military operations in the South.--Requests more
        frequent communications.

    Robert R. Livingston to John Jay. Philadelphia, February 2d,
    1782,                                                            5

        State of affairs in the South.--New order introduced
        into the financial department.--Interest of Spain to
        attack Britain in America.--Apostacy of Mr Deane.

    To Robert R. Livingston, Secretary of Foreign Affairs.
    Madrid, February 6th, 1782,                                      8

        Correspondence interrupted and examined in the
        post-offices.

    To the President of Congress. Madrid, February 6th, 1782,       10

        Delays of the Spanish Court.--Thinks it advisable to
        demand a categorical answer.

    To Robert R. Livingston. Madrid, February 16th, 1782,           12

        Capitulation of Fort St Philip.

    To Robert R. Livingston. Madrid, February 18th, 1782,           12

        Encloses the articles of capitulation for Fort St
        Philip.

    Robert R. Livingston to John Jay. Philadelphia, March 8th,
    1782,                                                           13

        Military operations in the South.

    Robert R. Livingston to John Jay. Philadelphia, April 27th,
    1782,                                                           14

        General expectations from Spain.--Conduct of Spain
        towards America.--Spanish Claims on Great Britain and in
        America.--That Court can only secure the exclusive
        navigation of the Mississippi by an alliance with the
        United States.--The sums advanced by Spain to the United
        States will be repaid.

    Robert R. Livingston to John Jay. Philadelphia, April 28th,
    1782,                                                           20

        State of the American military force.

    To Robert R. Livingston. Madrid, April 28th, 1782,              21

        Difficulty of obtaining supplies.--Letter to Dr
        Franklin, (St Ildefonso, September 10th, 1781),
        requesting supplies of money to meet the bills drawn on
        him; new financial regulations of Mr Morris; they will
        probably spare him the necessity of making further
        demands.--Receives advances from M. Cabarrus.--Dr
        Franklin permits Mr Jay to draw on him.--The Court
        prepares to go to the Escurial.--Note from Mr Jay to the
        Count de Florida Blanca, informing him of his intention
        of returning to Madrid.--Reply of the Count de Florida
        Blanca to the preceding.--Complaint exhibited by the
        Count de Florida Blanca against Commodore Gillon, for
        retaining deserters from the Spanish service on board
        his vessel.--Letter from Mr Jay to the Count de Florida
        Blanca, (Madrid, October 9th, 1781), acknowledging the
        justice of his demand of the surrender of the deserters,
        and enclosing a copy of his letter to Commodore Gillon
        on the subject; Mr Jay urges decisive measures relating
        to the negotiations with America.--Letter from Mr Jay to
        Commodore Gillon (Madrid, October 9th, 1781), advising
        the surrender of the deserters.--Receives a statement
        from Commodore Gillon, showing the charge against him to
        have been precipitate.--Representations of Colonel
        Searle against Commodore Gillon disproved by the
        Commodore.--Continued silence of the Spanish
        Minister.--Letter from Mr Jay to the Count de Florida
        Blanca (Madrid, October 28th, 1781), representing the
        inconveniences of an ordinance requiring the legality of
        prizes brought into the Spanish ports, to be tried in
        the Court of Admiralty, whence the commission of the
        captors issued.--Receives no answer.--Letter from Mr
        Jay to the Count de Florida Blanca (Madrid, November
        6th, 1781), on the detention of the American privateer
        Cicero, with her prize, at Bilboa, on account of her
        firing into one of the King's cutters; statement of the
        case, which renders the firing justifiable.--Note from
        the Count de Florida Blanca to Mr Jay, declaring his
        statement to be incorrect, and insisting on
        satisfaction.--Letter from Mr Jay to the Count de
        Florida Blanca (Madrid, November 12th, 1781), requesting
        a statement of the facts in the case of the Cicero, and
        the speedy release of the vessel.--Letter from the Count
        de Florida Blanca to Mr Jay, communicating an order for
        the release of the Cicero.--Card from Mr Jay on the
        subject.--Letter from Mr Jay to the Count de Florida
        Blanca (Madrid, November 16th, 1781), urging the
        necessity of supplies.--Receives no answer.--Letter from
        Mr Jay to Dr Franklin (Madrid, November 21st, 1781),
        requesting advances of money to meet the bills drawn on
        him.--Note from Mr Jay to the Count de Florida Blanca,
        requesting an interview.--Reply to the preceding
        note.--Receives no answer to a Memorial, which he
        transmits from Mr Harrison; experiences the same neglect
        in other similar cases.--Interview with the Count de
        Florida Blanca; the Count excuses the delays on account
        of the sickness of M. del Campo, and declines entering
        on any business.--M. del Campo has been appointed to
        confer with Mr Jay three months without Mr Jay's
        knowledge.--M. del Campo declines the conference, under
        pretence of ill health; and afterwards on the plea of
        want of instruction.--Letter from Mr Jay to Dr Franklin
        (Madrid, December 31st, 1781), asking advances of
        money.--Letter from Mr Jay to Dr Franklin (Madrid,
        January 11th, 1782), on the subject of
        advances.--Conference with the French Ambassador; Mr Jay
        complains of the delays of the Spanish Court; requests
        aid from France; declares his intention in case of
        protesting the bills, to assign as a reason, that he had
        placed too much confidence in his Catholic Majesty; the
        Ambassador advises patience.--Letter from Dr Franklin to
        Mr Jay (Passy, January 15th, 1782), enclosing a letter
        from the Count de Vergennes to Dr Franklin (Versailles,
        December 31st, 1781), promising to advance a million to
        him, if he is authorised to dispose of the Dutch
        loan.--Letter from Mr Jay to Dr Franklin (Madrid,
        January 30th, 1782), on the subject of advances;
        important services of Dr Franklin.--Note from Mr Jay to
        M. del Campo (Madrid, February 1st, 1782), expressing
        his anxiety to enter upon the discussion of American
        affairs.--Reply of M. del Campo, regretting that the
        ill health of the Count de Florida Blanca has prevented
        the drawing up of his instructions.--Letter from Dr
        Franklin to Mr Jay (Passy, January 19th, 1782), stating
        the difficulties of obtaining further supplies in
        France; the Dutch loan principally anticipated; advises
        Mr Jay to demand an immediate and explicit answer to his
        proposition of a treaty, and solicit his recall in case
        of further delay.--Letter from M. Cabarrus to Mr Jay
        (Madrid, February 10th, 1782), requesting to know how he
        is to be reimbursed for his advances.--Mr Jay replies
        verbally to M. Cabarrus, that he can give him no
        positive assurances of immediate repayment, but has
        expectations from Dr Franklin.--The French Ambassador
        promises to represent to the Count de Florida Blanca,
        the critical situation of Mr Jay.--Letter from the
        Chevalier de Bourgoing to Mr Jay, communicating the
        reply of the Spanish Minister to the representations of
        the French Ambassador.--Note from Mr Jay to the
        Chevalier de Bourgoing, returning his thanks to the
        Ambassador.--Letter from Mr Jay to Dr Franklin (Madrid,
        February 11th, 1782), on the subject of advances.--Mr
        Jay pays a visit to the Minister, who refers him to M.
        del Campo.--Evasions of M. del Campo.--Letter from M.
        Cabarrus to Mr Jay (Madrid, February 25th, 1782),
        transmitting accounts of his advances, and requesting
        repayment.--M. Cabarrus has a conference with the
        Minister, who refuses any new advances, and declares
        that the King is dissatisfied, that he has received no
        returns from America for his good offices.--Conference
        between Mr Jay and the French Ambassador.--Letter from
        Mr Jay to Dr Franklin (Madrid, March 1st, 1782), on the
        subject of advances.--Letter from Mr Jay to the Count de
        Florida Blanca (Madrid, March 2d, 1782), explaining the
        causes which have prevented returns on the part of the
        United States to the King's good offices; declares
        himself entirely without resources.--Note from Mr Jay to
        M. del Campo, enclosing the preceding letter.--Receives
        no answer to the above communications.--Mr Jay has an
        interview with the Minister, who laments the difficulty
        of raising money, but promises aid; conversation on the
        proposed treaty; the Minister promises to send M.
        Gardoqui to America.--Extract from the Madrid Gazette,
        giving an account of the capture of the Fort St Joseph
        by Spanish troops, who take possession of the country in
        the name of his Catholic Majesty.--The bills drawn on Mr
        Jay are presented.--Letter of Mr Jay to the Count del
        Florida Blanca (Madrid, March 14th, 1782), informing him
        that the bills have been presented, and requesting to
        know if he will afford any aid.--Note from Mr Jay to the
        French Ambassador, communicating the preceding
        letter.--Letter from the Count de Montmorin to Mr Jay,
        stating that the Count de Florida Blanca consents to
        become security for fifty thousand dollars, on condition
        M. Cabarrus remains in the same disposition.--M.
        Cabarrus refuses to abide by his former offer.--Mr Jay
        protests the bills.--Conversation with the French
        Ambassador on the subject.--Advices that the Parliament
        have counselled the cessation of offensive measures in
        America.--Letter from Dr Franklin to Mr Jay (Passy,
        March 16th, 1782), offering to meet the bills; thinks it
        best to pay off the whole sum due to Spain.--Letter from
        Mr Jay to Dr Franklin (Madrid, March 19th, 1782),
        acknowledging the supplies; proposals of a peace
        separate from France ought not to be listened to;
        approves of the plan of repaying Spain her advances.--M.
        Cabarrus wishes a reconciliation.--Letter from Mr Jay to
        M. Cabarras (Madrid, April 2d, 1782), in reply to his
        claims for gratitude; his conduct requires an
        apology.--M. Cabarras was the scape-goat of the
        Minister.--Messrs Drouilhet employed as American
        bankers.--Mr Jay does not wait on the Minister while the
        Court is at Madrid.--Receives an invitation to appear on
        Saturdays at the Minister's table.--No advantage to be
        gained by hastening a treaty with Spain.--Spain will be
        less easily satisfied than France in the articles of
        peace.--Mr Jay requests the French Ambassador to inquire
        if the card of invitation was intended for him.--The
        Minister declares it to have been left by mistake, but
        would be happy to see Mr Jay as a private gentleman.--Mr
        Jay doubts the truth of this declaration.--Letter from
        Mr Jay to the French Ambassador (Madrid, April 27th,
        1782), stating his objections to appearing as a private
        gentleman at the Spanish Minister's dinners.

    Robert R. Livingston to John Jay. Philadelphia, May 9th,
    1782,                                                          105

        General Carleton's attempts at a
        reconciliation.--Importance of securing Spain.

    To Robert R. Livingston. Madrid, May 14th, 1782,               110

        Is summoned to Paris by Dr Franklin.

    Robert R. Livingston, to John Jay. Philadelphia, June 23d,
    1782,                                                          111

        Conduct of Spain in the West Indies.--The people will
        listen to no term of accommodation.

    To Robert R. Livingston. Paris, June 25th, 1782,               113

        Mr Jay arrives at Paris.--Visit to the Count de
        Vergennes.--Dr Franklin.--Siege of Gibraltar.

    To Robert R. Livingston. Paris, June 28th, 1782,               115

        Services of the Marquis de Lafayette.--Intentions of the
        British Ministry.--Inexpediency of any negotiations in
        America.

    Robert R. Livingston to John Jay. Philadelphia, July 6th,
    1782,                                                          117

        Complains of the sending of British prisoners into the
        United States by Spain.--Remits Mr Jay's salary.

    Robert R. Livingston to John Jay. Philadelphia, September
    12th, 1782,                                                    119

        Complains of want of information from American Ministers
        in Europe.--Symptoms of a change in the British
        conciliatory policy.--Importance of securing a direct
        trade with the West Indies.--This is also for the
        interest of the European holders of the islands.

    To Robert R. Livingston. Paris, Sept. 18th, 1782,              125

        France wishes to postpone the acknowledgment of
        independence by England until the general peace, in
        order to preserve her influence over America.--France
        and Spain will dispute the western boundary.--Dr
        Franklin's views on the French policy.

    Robert R. Livingston to John Jay. Philadelphia, September
    18th, 1782,                                                    127

        Enclosing certain resolutions of Congress.--The letters
        of the Commissioners are inspected on the passage.

    To Robert R. Livingston. Paris, Sept. 28th, 1782,              128

        Mr Oswald receives a new commission, empowering him to
        treat with the thirteen United States of America.

    To Robert R. Livingston. Paris, Oct. 13th, 1782,               128

        The French Court advised treating with Mr Oswald under
        his former commission.--Mr Jay refused.--The Count
        d'Aranda wishes to treat with Mr Jay without exchanging
        powers, and the French Court advises it.--Mr Jay
        declines.

    To Robert R. Livingston. Paris, Nov. 17th, 1782,               129

        England appears disposed to evade the acknowledgement of
        independence.--Visit from Sir William Jones, who desires
        letters of recommendation for America.--Probable objects
        of his proposed visit.--Note from the Count de Vergennes
        to Dr Franklin, on Mr Oswald's powers.--Conference
        between the Count de Vergennes and Messrs Franklin and
        Jay; Mr Jay objects to treating with Mr Oswald, under a
        commission styling the United States Colonies; opinion
        of the Court assented to by Dr Franklin, that that was
        no ground of objection.--Conversation on the same
        subject between Dr Franklin and Mr Jay.--Extracts from
        the instructions to Sir Guy Carleton, transmitted by
        Lord Shelburne to Dr Franklin.--Conversation with Mr
        Oswald on this subject.--Form of a commission to Mr
        Oswald proposed by Mr Jay, recognising the colonies as
        independent States.--Further conversation with the Count
        de Vergennes on the same subject.--Extract of a letter
        from Mr Townshend to Mr Oswald (Whitehall, September
        1st, 1782), declaring that the negotiations were
        intended to be carried on in Europe, and on the basis of
        unconditional independence.--Mr Jay, in conversation
        with Mr Oswald, points out the inconsistency of this
        with General Carleton's instructions, and attributes it
        to French influence; it is for the interest of England
        to treat with America as an independent State.--Letter
        from Mr Jay to Mr Oswald, stating his objections to his
        commission.--Dr Franklin objects to the letter.--Letter
        from Mr Jay to the Count d'Aranda (Paris, June 25th,
        1782), acquainting him with his readiness to enter upon
        the negotiations.--Letter from Count d'Aranda to Mr Jay
        (Paris, June 27th, 1782), expressing a wish to see
        him.--Conversation between Mr Jay and Count d'Aranda on
        the western boundary.--The Count sends Mr Jay his
        proposed boundary line.--Conversation with M. Rayneval,
        in which Mr Jay declines treating with the Count
        d'Aranda, without exchanging powers.--Mr Jay assures the
        Count d'Aranda that the Mississippi is the ultimatum of
        America; objections of the Count.--Letter from M.
        Rayneval to Mr Jay (Versailles, September 4th, 1782),
        requesting a visit from him.--Letter from M. Rayneval to
        Mr Jay (Versailles, September 6th, 1782), transmitting
        the following Memorial.--Memorial of M. Rayneval on the
        right of the United States to the navigation of the
        Mississippi.--Reflections of Mr Jay on this
        Memorial.--Letter from Mr Jay to the Count d'Aranda
        (Paris, September 10th, 1782), stating that he is not
        empowered to cede any countries belonging to the United
        States, but is ready to negotiate, with a Minister
        vested with equal powers, a treaty of amity and
        commerce.--Reply of the Count d'Aranda, declaring
        himself vested with ample powers to treat.--Visit of the
        Count d'Aranda to Versailles.--M. Rayneval goes to
        England.--Probable objects of his visit.--Conversation
        with Mr Vaughan on the subject of M. Rayneval's
        visit.--Mr Jay represents the expediency of treating
        with America on an equal footing; the inexpediency of
        attempting to exclude the Americans from the fisheries;
        and of restricting the western boundary and the
        navigation of the Mississippi.--Mr Vaughan goes to
        England to communicate these views to Lord
        Shelburne.--Proposed draft of a letter to the Count de
        Vergennes, containing objections to Mr Oswald's
        commission; it does not designate the United States by
        their proper title; it empowers him to treat with bodies
        not having authority to treat by the American
        constitution; it calls in question the independence of
        the United States; precedents from acts of Congress;
        America has treated with other powers as an independent
        State; precedents from other States under similar
        circumstances; detail of the history of the early
        negotiations of the United Provinces with Spain, showing
        that they treated with other powers on an equal footing,
        and refused to negotiate with Spain except in like
        manner; the independence exists in fact, and not as a
        grant from Great Britain.--Conversation between Mr Jay,
        the Count d'Aranda, and the Marquis de Lafayette, on the
        propriety of Spain's treating with America on an equal
        footing.--The Count de Vergennes states the object of M.
        Rayneval's visit to England to be, to judge of the real
        views of the English Ministry.--The claims of Spain to
        countries east of the Mississippi are of recent
        origin.--Conversation with M. Rayneval on this
        subject.--Mr Oswald receives a new commission, under
        which articles are agreed on.--Conversation between
        Messrs Jay and Franklin and M. Rayneval on the
        boundaries and fisheries.--The policy of the French
        Court is directed to prevent a cordial reconciliation
        between America and England, and thus to keep the United
        States dependent on France.

    Observations of the Editor on the above letter,                208

        Pointing out the misapprehensions of Mr Jay as to the
        objects of M. Rayneval's visit to England.

    Robert R. Livingston to John Jay. Philadelphia, November
    23d, 1782,                                                     212

        Complains of want of information from the Ministers in
        Europe.--English Commissioners will meet with no success
        in America.--Mr Barlow's poem.--Mr Boudinot elected
        President of Congress.

    To Robert R. Livingston. Paris, Dec. 12th, 1782,               214

        The negotiations with Spain are not begun.--Unanimity of
        the Commissioners on all points in the
        preliminaries.--Mr Adams's services relative to the
        eastern boundary.--Dr Franklin's services on the subject
        of the tories.

    Robert R. Livingston to John Jay. Philadelphia, January 4th,
    1783,                                                          215

        Policy of France towards America erroneously
        suspected--Reasons for this belief.--Marbois's letter on
        the fisheries.--The Spanish system of delay favorable to
        America by putting off negotiations till a more
        advantageous time for treating.

    To Robert R. Livingston. Paris, April 7th, 1783,               222

        The Spanish Ambassador informs him, that he will be
        honorably received at Madrid.--Services of M. de
        Lafayette.

    To Robert R. Livingston. Paris, April 11th, 1783,              223

        Change in the British Ministry.--Russia and Austria are
        invited to send mediatorial plenipotentiaries to assist
        at the definitive treaties.

    To Robert R. Livingston. Paris, April 22d, 1783,               224

        Spain and England may form a league to secure their
        American possessions against the United States.--Meaning
        of the mutual guarantee between Spain and the United
        States, of their possessions.

    To Robert R. Livingston. Paris, May 30th, 1783,                226

        Proposes Mr Adams as the most suitable Minister to Great
        Britain.

    To Robert R. Livingston. Paris, June 1st, 1783,                227

        Progress of the negotiations.--Settlement of his
        accounts.

    To Robert R. Livingston. Passy, July 20th, 1783,               229

        Reasons for resigning his commission to the Spanish
        Court.

    To the President of Congress. New York, July 25th, 1784,       230

        Explains the manner in which some bills drawn on him
        were twice paid.--British and American ratifications of
        the treaty of peace exchanged.


FRANCIS DANA'S CORRESPONDENCE.

    To the President of Congress. Paris, August 10th, 1780,        239

        Forwarding certain papers.

    To the President of Congress. Paris, August 24th, 1780,        240

        Forwarding letters of Mr Adams, who is absent in the Low
        Countries.

    To the President of Congress. Amsterdam, September 20th,
    1780,                                                          241

        Receives despatches from Congress by Mr Searle, and sets
        off in consequence for the Low Countries.--Suspicions
        entertained in Holland, that the United States have
        granted exclusive privileges in commerce to France.

    Commission to Francis Dana, referred to in the preceding
    letter,                                                        243

        Empowering him to obtain a loan in Holland, in case Mr
        Adams should be prevented from attending to it.

    To Jonathan Jackson. Amsterdam, November 11th, 1780,           244

        Capture and confinement of Mr Laurens.--Intemperate
        Memorial of Sir J. Yorke on the discovery of a plan of a
        treaty, drawn up by Mr W. Lee and the Regency of
        Amsterdam.--Naval forces of Holland.

    Instructions to Francis Dana, as Minister Plenipotentiary to
    the Court of St Petersburg. In Congress, December 19th,
    1780,                                                          247

    To the Committee of Foreign Affairs. Paris, February 16th,
    1781,                                                          252

        Mr Adams has not obtained a loan in
        Holland.--Resolutions of Congress relative to the
        Russian declaration.

    To the President of Congress. Paris, March 24th, 1781,         254

        Dr Franklin advises the communication of his commission
        to the Count de Vergennes, and to the Russian
        Court.--Objections to the latter part of his advice.--No
        provision is made for any secretary or clerk to assist
        him.

    To the President of Congress. Paris, March 28th, 1781,         258

        Dr Franklin coincides in his objections to communicating
        his mission to Russia.--Desires to be kept informed of
        the state of affairs in America.

    To the Count de Vergennes. Paris, March 31st, 1781,            259

        Communicating the objects of his mission to St
        Petersburg.--Intends to appear only as a private
        citizen.

    To the President of Congress. Paris, March 31st, 1781,         261

        Manner of communicating his mission to the Count de
        Vergennes.

    Count de Vergennes to Francis Dana. Versailles, April 1st,
    1781,                                                          263

        Requests an interview with him relative to his mission.

    To the Count de Vergennes. Paris, April 2d, 1781,              263

        Mr Dana will wait on the Count before setting out for
        Russia.

    To the President of Congress. Paris, April 2d, 1781,           264

        Delayed by the proposed interview with the Count de
        Vergennes.--Impolicy of making the communication.--Is
        determined to proceed to Holland and consult with Mr
        Adams at all events.

    To the President of Congress. Paris, April 4th, 1781,          265

        Conference with the Count de Vergennes on the subject of
        his mission to Russia.--The Count advises him to
        communicate his intention to the Russian Minister at the
        Hague.

    To B. Franklin. Paris, April 6th, 1781,                        268

        Requests Dr Franklin's opinion, in writing, of the
        sentiments of the Count de Vergennes, and of his own
        opinion on the mission.--Intends to consult Mr Adams on
        the subject.

    B. Franklin to Francis Dana. Passy, April 7th, 1781,           270

        Thinks the Count de Vergennes made no objection to his
        going.--Dr Franklin thinks it expedient for him to go.

    To John Adams. Leyden, April 18th, 1781,                       272

        Requesting his opinion as to the character under which
        he should go to Russia, and as to the propriety of
        communicating with the Prince Gallitzin on the subject.

    John Adams to Francis Dana. Leyden, April 18th, 1781,          273

        Advises him to proceed to Russia, without assuming any
        distinction of character, and without communicating his
        intention to the Prince Gallitzin or the Russian
        Court.--The resolutions of Congress on neutral rights
        ought to be communicated.--The United States should be
        represented in all countries of Europe.

    To Edmund Jennings. Amsterdam, April 26th, 1781,               277

        Requesting him to join him on his mission.

    Edmund Jennings to Francis Dana. Brussels, May 3d, 1781,       278

        Accepts of the invitation to join him.

    To the President of Congress. Amsterdam, May 13th, 1781,       278

        Corrects some mistakes in Dr Franklin's account of the
        conference with the Count de Vergennes.--Objections to
        consulting the Russian Ambassador at the Hague.--Mr
        Jennings.

    To the President of Congress. Amsterdam, May 20th, 1781,       281

        Transmitting certain papers.

    To the President of Congress. Berlin, July 28th, 1781,         282

        Delay on account of Mr Jennings, who finally declines
        accompanying him on his route.--Policy of the European
        powers.--Minutes of the Memorial of the French
        Ambassador to Count Ostermann, relative to the
        violations of neutrality by the English.--It is
        important to discover the real sentiments of Russia
        toward America.--Expects no support from the French
        Minister at St Petersburg, it being the interest of
        France not to render America less dependent by gaining
        new friends.

    To the Marquis de Verac, French Minister at St Petersburg.
    St Petersburg, Aug. 30th, 1781,                                289

        Apprising the Minister of his arrival.

    The Marquis de Verac to Francis Dana. Thursday, August 30th,
    1781,                                                          290

        Expresses his satisfaction on Mr Dana's arrival.

    To the Marquis de Verac, Ambassador from France. St
    Petersburg, September 1st, 1781,                               290

        Acquainting him with his commission, and his
        instructions to communicate with the French Minister at
        the Russian Court.

    The Marquis de Verac to Francis Dana. St Petersburg,
    September 2d, 1781,                                            291

        The Court of Russia has maintained a strict neutrality
        between the belligerent powers, and may be unwilling to
        receive an American Minister, as it would give rise to
        complaints of favor for the American cause.--Plan of a
        mediatorial Congress at which the United States will be
        represented.

    To the Marquis de Verac. St Petersburg, September 4th, 1781,   294

        Considerations on the policy pursued by Russia towards
        the belligerents.--The admission of an American Minister
        to the proposed mediatorial Congress would be an
        acknowledgment of independence.--The present is a
        favorable opportunity for establishing freedom of
        commerce and navigation for all nations.--Reasons which
        render it proper to assume his public character.

    The Marquis de Verac to Francis Dana. St Petersburg,
    September 12th, 1781,                                          300

        The American Minister at the proposed Congress is
        intended to treat only with England, and is not
        therefore to be admitted as the representative of an
        independent power, unless after consent of
        England.--Objections to Mr Dana's assumption of his
        public character.

    To the Marquis de Verac. St Petersburg, September 13th,
    1781,                                                          304

        Thanking him for his information and advice.

    To the President of Congress. St Petersburg, September 15th,
    1781,                                                          305

        Commerce of the southern shore of the Baltic.--The
        objections of the French Ambassador to his assumption of
        a public character are unsatisfactory.--Reasons drawn
        from the terms of the proposition of mediation, prove
        that the mediators intended to treat America as
        independent.--The mediators expected this proposition
        would be rejected by England, and would thus leave them
        to treat more decidedly with the United States.--If the
        Empress will not receive a Minister from America it had
        better be known at once.

    To Robert R. Livingston. St Petersburg, October 1st, 1781,     312

        Article in the project of a treaty proposed by France to
        Russia, stipulating, that French goods exchanged in
        Russia for the productions of the country shall be
        entitled to a drawback.--Reason given for this
        proposition, that otherwise France could obtain the same
        articles in America, and create a market for French
        manufactures there.

    To the President of Congress. St Petersburg, October 15th,
    1781,                                                          314

        Receives a copy of the propositions of mediation and of
        the French answer.--Confirmed by these documents in his
        former opinion, that the United States were to be
        treated as independent.--Has been informed, that one of
        the objects of the armed neutrality was a general
        pacification on the basis of American
        independence.--This plan was obstructed by the delays of
        Holland.--Count Panin.--Expectations from the neutral
        confederation.--The plan of a general pacification
        founded on a desire to preserve the balance of power by
        sea.

    Robert R. Livingston to Francis Dana. Philadelphia, October
    22d, 1781,                                                     319

        Announcing the appointment of a Secretary of Foreign
        Affairs.--Successes in the south.--Encloses resolutions
        of Congress relative to the propositions of the Empress
        of Russia, respecting the rights of neutrals.

    To William Ellery. St Petersburg, January 17th, 1782,          323

        Different offers of mediation by Russia.--Effect of the
        American revolution on the policy of the European
        powers.--Jealousy of American commerce in Russia.

    Robert R. Livingston to Francis Dana, Philadelphia, March
    2d, 1782,                                                      325

        The cause of the United States may be served by
        representations of their actual condition.--Military
        operations in America.--Financial concerns.--Ordinance
        relating to captures.--Requests frequent communications.

    To Robert R. Livingston, Secretary of Foreign Affairs. St
    Petersburg, March 5th, 1782,                                   330

        Congratulations on his appointment.--The capture of Lord
        Cornwallis has satisfied Europe, that England cannot
        succeed in recovering the United States.--The Empress's
        offer of mediation will prevent her from favoring the
        United States.--Another campaign must be
        expected.--State of the neutral confederation.

    To Robert R. Livingston. St Petersburg, March 30th, 1782,      336

        The depressed condition of England may lead her to
        accept the mediation, to which the French and Spanish
        Courts will accede, on condition of the presence of the
        Ministers of the United States.--Schemes of Austria and
        Russia for extending their commerce on the Black
        Sea.--These plans may injure the American cause by
        directing the attention of Russia to a different
        quarter.--Account of Russian commerce.

    To John Adams. St Petersburg, April 23d, 1782,                 341

        Congratulates him on his success in Holland.--Favorable
        opportunity for the maritime powers to secure the
        commerce with America.--Delays on their part may produce
        a separate pacification between Britain and the United
        States.

    Robert R. Livingston to Francis Dana. Philadelphia, May
    10th, 1782,                                                    345

        Reasons which should prevent him from assuming a public
        character.--Absurdity of supposing, that France would go
        to war for the independence of America, and then oppose
        the recognition of it.--Congress still adhere to their
        instructions on this point.--Desires him to write
        frequently.--State of the military in America.--Sir Guy
        Carleton succeeds General Clinton.--Attempts of England
        to gain over America to a reconciliation entirely
        without success.

    Robert R. Livingston to Francis Dana. Philadelphia, May 22d,
    1782,                                                          350

        The change of administration in England has produced no
        change of feeling in America.--Congress refuses a
        passport to General Carleton's Secretary.

    Robert R. Livingston to Francis Dana. Philadelphia, May
    29th, 1782,                                                    352

        Transmitting letters of earlier date.--Ten thousand
        British prisoners in America, which the English refuse
        to ransom.--The Germans will be sold for three years.

    To Robert R. Livingston. St Petersburg, June 28th, 1782,       352

        The Marquis de Verac advises against disclosing his
        character, notwithstanding the chances in the British
        Ministry.--Reflections drawn up by Mr Dana without
        signature, and communicated indirectly to the Russian
        Cabinet, showing that the commerce of Russia will not
        suffer by the independence of America.--Difficulties of
        transmission prevent frequent communications.

    To Robert R. Livingston. St Petersburg, August 30th, 1782,     362

        The only safe channel of communication with him is
        through Holland.--The Russian Court is fully convinced
        that the independence of the United States is
        permanently established.

    To Robert R. Livingston. St Petersburg, September 5th, 1782,   364

        The Empress is prevented, by her desire of acting as
        mediator, from taking any decisive measures in favor of
        the United States.--The belligerent powers were never
        intended to be parties to the marine convention.--Custom
        at Russian court for a power entering into a treaty with
        Russia to pay six thousand rubles to each of the four
        Ministers.--Portugal accedes to the armed
        neutrality.--Rank of diplomatic agents.

    Robert R. Livingston to Francis Dana. Philadelphia,
    September 18th, 1782,                                          369

        Complains of want of information as to his
        proceedings.--Military operations in America.--Changes
        of measures in consequence of the changes of
        administrations in England.

    To Robert R. Livingston. St Petersburg, September 23d, 1782,   371

        Russia will not make any advances towards America.--The
        Russian Cabinet.

    To Robert R. Livingston. St Petersburg, September 29th,
    1782,                                                          373

        Russian commerce.--Apprehensions in Russia, that the
        United States may interfere with that country,
        particularly in the articles of hemp and
        iron.--Considerations showing the groundlessness of
        these fears.

    To Robert R. Livingston. St Petersburg, October 14th, 1782,    379

        Projects of Russia on Turkey.--Anglican character of the
        Russian Cabinet.

    To Robert R. Livingston. St Petersburg, November 1st, 1782,    382

        Project for supplying Russia with West India goods by
        American vessels.

    Robert R. Livingston to Francis Dana. Philadelphia, November
    7th, 1782,                                                     384

        Encloses resolutions of Congress, directing the foreign
        Ministers of the United States to transmit frequent
        communications.--Also resolutions, declaring the
        intention of Congress not to conclude a peace without
        their allies.--State of affairs in the United
        States.--Mr Boudinot elected President of
        Congress.--Provisions for the payment of the salaries of
        the Ministers.

    To Robert R. Livingston. St Petersburg, November 18th, 1782,   387

        The British Commissioner having received powers to treat
        with those of the United States, Mr Dana proposes to
        make known his public character.--The Marquis de Verac
        opposes this intention.--Advantages of the
        measure.--Sums to be paid to the Russian Ministers in
        case of a treaty.

    Robert R. Livingston to Francis Dana. Philadelphia, December
    17th, 1782,                                                    391

        Military operations of the preceding campaign.--General
        Carleton's attempts at negotiation.--Spirit of the
        people.--Flourishing State of commerce.--State of the
        circulating medium.--Success of the bank.--Condition of
        the finances.--Formation of the State
        governments.--General tranquillity.--Insurrection in
        Massachusetts represented as the revolt of New
        England.--Character of Congress.--Transmits the
        constitutions.

    To Robert R. Livingston. St Petersburg, December 21st, 1782,   398

        Opportunities on which the communications of his powers
        seemed proper.--Circumstances which render it expedient.

    To Robert R. Livingston. St Petersburg, December 27th, 1782,   402

        Intends to return to America as soon as a commercial
        treaty with Russia shall be completed.--Reasons for this
        measure.

    To Robert R. Livingston. St Petersburg, December 30th, 1782,   404

        Advantages of postponing the conclusion of a commercial
        treaty with Russia.

    To Robert R. Livingston. St Petersburg, January 3d, 1783,      406

        Treaty between Denmark and Russia on the principles of
        the Marine Convention.--The Marine Convention itself is
        limited to the duration of the present war.

    To the Commissioners of the United States at Paris. St
    Petersburg, January 14th, 1783,                                408

        Congratulations on the conclusion of the preliminary
        treaty.--The French Ambassador thinks his admission
        would be delayed, if not refused.

    To John Adams. St Petersburg, Jan. 15th, 1783,                 409

        Is prevented by his instructions from communicating his
        mission.--The attention of Russia is turned chiefly to
        the east.

    To Robert R. Livingston. St Petersburg, January 15th, 1783,    411

        Delays the communication of his mission in compliance
        with the opinion of the French Ambassador.--State of
        affairs between Russia and Turkey.

    To Robert R. Livingston. St Petersburg, January 31st, 1783,    413

        Dr Franklin promises to advance the money necessary to
        conclude the treaty with Russia.--Intends to return to
        America.

    To Robert R. Livingston. St Petersburg, February 10th, 1783,   414

        High standing of America in Europe.--A direct
        intercourse between the West Indies and the United
        States ought to be secured.--Plan of Portugal to
        establish factories in America.

    To Robert R. Livingston. St Petersburg, February 25th, 1783,   417

        The French Ambassador advises him not to communicate his
        mission until the formal announcement of the signing of
        the preliminaries by the British Minister.--Intends to
        draw on Dr Franklin for the expenses of the treaty.

    Mr Dana's Communication of his Mission to Count Ostermann.
    St Petersburg, March 7th, 1783,                                419

    To Robert R. Livingston. St Petersburg, March 7th, 1783,       420

        Communicates his mission without the advice of the
        French Ambassador, on assurances of reception from the
        Russian Cabinet.

    To Robert R. Livingston. St Petersburg, March 12th, 1783,      420

        Conversation with one of the Russian Cabinet, who
        declares there will be no impediment to his reception.

    To Robert R. Livingston. St Petersburg, March 21st, 1783,      422

        Importance of a direct intercourse with the West
        Indies.--Intends to return to the United
        States.--Insufficiency of the appointment for a Minister
        at the Russian Court.

    To Robert R. Livingston. St Petersburg, April 17th, 1783,      424

        Has yet received no answer to his communication of his
        mission.--Intends to renew his application for an
        audience.

    To Robert R. Livingston. St Petersburg, April 22d, 1783,       427

        Enclosing a copy of his second letter to Count
        Ostermann, requesting to know the pleasure of the
        Empress on the subject of his mission.--Is informed that
        an objection will be made to his letter of credence, on
        the ground, that it bears date prior to the
        acknowledgment of the independence of the United States
        by Great Britain.--Reasons which should prevent Congress
        from granting new letters on that account.

    To Robert R. Livingston. St Petersburg, April 25th, 1783,      430

        Interview with Count Ostermann, who declares that the
        Empress could not receive a Minister from the United
        States till the conclusion of the definitive treaty
        between the belligerents; that she could not then
        receive one whose letter of credence was dated prior to
        the acknowledgment of their independence by Great
        Britain, nor prior to her own acknowledgment of it, nor
        previous to the reception of an American Minister by
        Great Britain.--The Count declines delivering these
        objections in writing.--Mr Dana replies to these
        objections.--Is advised to send a memorial to the Vice
        Chancellor, showing the fallacy of his objections to Mr
        Dana's reception.

    Robert R. Livingston to Francis Dana. Philadelphia, May 1st,
    1783,                                                          436

        Enclosing resolutions recalling Mr Dana.--Mr Dana has
        no power to sign a commercial treaty, and there can be
        no advantage in joining the Marine Convention.

    To Count Ostermann. St Petersburg, May 8th, 1783,              438

        Enclosing a Memorial to Count Ostermann, containing the
        objections of the Count to the reception of an American
        Minister, with Mr Dana's replies.

    To Robert R. Livingston. St Petersburg, May 9th, 1783,         449

        Transmitting his Memorial to Count Ostermann.

    To Robert R. Livingston. St Petersburg, May 9th, 1783,         449

        Reasons for presenting his Memorial as containing only
        his private sentiments.--Intention of returning.--Effect
        of the acceptance of the mediation of Russia by the
        belligerent powers on the present policy of the Empress.

    To Robert R. Livingston. St Petersburg, May 13th, 1783,        451

        Absurdity of the objections on the part of Russia, to
        the immediate reception of an American Minister.--The
        other neutral powers are desirous of forming connexions
        with the United States.--In case no answer is returned,
        intends leaving Petersburg for Stockholm.

    To John Adams. St Petersburg, May 15th, 1783,                  453

        Objections to his reception.--Congress ought not to
        consent to issue new letters of credence of later date.

    Robert R. Livingston to Francis Dana. Philadelphia, May
    27th, 1783,                                                    455

        Transmitting resolutions of Congress, directing that the
        commercial treaty with Russia be limited to fifteen
        years, and be subject to the approbation of
        Congress.--Requesting information on the condition of
        Russia.

    To Robert R. Livingston. St Petersburg, May 30th, 1783,        457

        Prepares another letter to the Vice Chancellor, desiring
        an answer to his Memorial.--A promise of an answer
        prevents the sending of this letter.--In case his
        reception is not determined on, intends to leave the
        country.--Prospect of a war between Russia and
        Turkey.--Russia has become mistress of the Black
        Sea.--Rumored project of the House of Bourbon to render
        the Mediterranean a privileged sea by a confederation of
        the powers occupying its shores.

    To Robert R. Livingston. St Petersburg, June 6th, 1783,        459

        Answer to his Memorial not given as promised.--The
        delay is probably caused by the expectation of the
        conclusion of the definitive treaty.

    To Robert R. Livingston. St Petersburg, June 17th, 1783,       460

        Has an audience of Count Ostermann, who explains away
        his former objections.--Written answer of the Count,
        stating that Mr Dana shall be received when the
        definitive treaties are concluded.--Answer of Mr Dana to
        the note of Count Ostermann.--Reasons for not
        transmitting more full information relative to Russia.

    Mr Dana's plan of a Commercial Treaty between Russia and the
    United States,                                                 466

    To Robert R. Livingston. St Petersburg, June 24th, 1783,       495

        Prospect of a war between Russia and the
        Porte.--American vessels in Russian ports.

    To Robert R. Livingston. St Petersburg, July 1st, 1783,        497

        Visit of the Empress to the King of Sweden.--Forces of
        the two powers on their mutual boundary.--Prospect of a
        war with Turkey, and probable consequences.--Changes of
        the _corps diplomatique_ at the Court of St Petersburg.

    To Robert R. Livingston. St Petersburg, July 8th, 1783,        499

        Alliance, offensive and defensive, of Austria and Russia
        against Turkey.--Probable policy of the other powers.

    To Robert R. Livingston. St Petersburg, July 27th, 1783,       501

        Having received the resolutions of Congress, permitting
        his return, he will not wait for an audience.--Conceives
        his instructions direct him to conclude a commercial
        treaty with Russia.

    To Robert R. Livingston. St Petersburg, August 8th, 1783,      504

        Informs Count Ostermann of his intention to return.

    To Robert R. Livingston. St Petersburg, August 17th, 1783,     505

        Encloses his letter to Count Ostermann, stating ill
        health to be the cause of his departure.--Interview with
        Count Ostermann relative to his return.

    To the President of Congress. Cambridge, December 17th,
    1783,                                                          510

        Announcing his return.




THE

CORRESPONDENCE

OF

JOHN JAY;

MINISTER PLENIPOTENTIARY TO THE COURT OF
SPAIN, AND ONE OF THE COMMISSIONERS
FOR NEGOTIATING PEACE.




THE

CORRESPONDENCE

OF

JOHN JAY.

CORRESPONDENCE CONTINUED.

       *       *       *       *       *

                  ROBERT R. LIVINGSTON TO JOHN JAY.

                                    Philadelphia, December 13th, 1781.

  Dear Sir,

My last letter of the 28th of November, sent by the Marquis de
Lafayette, must for the most part have been unintelligible to you,
owing to an unfortunate mistake of Mr Thompson, who delivered me a
cypher sent by Mr Palfrey, which you never received, instead of that
sent by Major Franks. The duplicate enclosed is in the last, so that
you will no longer be at a loss for my meaning. Since the date of that
letter the enemy have thought it prudent to abandon Wilmington, in
North Carolina. This port was extremely important to them, not only as
it checked the trade of that State, but as it directly communicated
with the disaffected counties. For it must be confessed, that though
in other parts of the continent they had only well wishers, in North
Carolina they had active partisans. These they have left to the mercy
of their country, and abandoned as disgracefully as the capitulation
of York did those of Virginia. It is not improbable, that when General
St Clair joins the southern army, the enemy will evacuate Savannah, as
they are at present extremely weak there; and unless they reinforce
from New York, may be attacked with a prospect of success.

Your letter of the 20th of September has been received and read in
Congress. They have not been pleased to direct any particular answer
thereto, so that you are to consider it as their wish, that you
execute the commission with which they have intrusted you.

You will see that I neglect no opportunity of writing. I flatter
myself that you will be equally attentive to let us hear from you. It
is not without some degree of pain, that we receive our earliest
intelligence frequently from the Minister of France. I know you may
retort upon us with too much justice, but I hope to give you less
reason to do so in future. I send a packet of newspapers with this. I
sent another sometime ago. I hope they may reach you. In one of them
you will find an ordinance of Congress, which comprizes all their
resolutions with respect to captures; and forfeits all British goods,
which have not been taken, as prizes. Perhaps this may make some
arrangements with the Court of Spain necessary; that is, if any prize
goods are re-shipped from thence to America.

I am, my Dear Sir, with the greatest esteem and regard, &c.

                                                 ROBERT R. LIVINGSTON.

       *       *       *       *       *

                  ROBERT R. LIVINGSTON TO JOHN JAY.

                                      Philadelphia, February 2d, 1782.

  Dear Sir,

Having heard that a vessel is soon to go to Cadiz from Baltimore, I
embrace the opportunity to send a quadruplicate of my last letter, and
to add thereto the little information which this inactive season
affords. Nothing passes here between the armies; they are cantoned at
a distance from each other. The enemy is secure from attack by the
nature of their situation; and we by our numbers, our success, and the
apprehensions of Sir Henry. We turn our faces therefore to the south,
and expect from the enterprize of General Greene an activity, which
the season will not admit of here.

I had a letter from him of 13th of December, which contains the latest
advices. His camp is at Round O. He writes in high spirits, and
assures me he is preparing for the siege of Charleston, which he is
not without hopes of carrying even before any foreign assistance can
arrive. I must confess for my own part, notwithstanding the natural
coolness of General Greene, that I believe he is much too sanguine on
this occasion; for I have no conception that his means are adequate to
so important an object, more especially as troops have since the date
of his letter sailed from New York, as I suppose for Charleston.

The governments of Georgia and Carolina are again established, and
their legislatures are now sitting. The detestation of the people for
the British can hardly be conceived. General Greene's letter expresses
it in the following words; "The tyrants of Syracuse were never more
detested than the British army in this country; even the slaves
rejoice, and find a kind of temporary freedom from oppression on the
return of their masters."

I congratulate you upon the capture of St Eustatia and St Martin's.
The enterprise does the highest honor to the abilities and spirit of
the Marquis de Bouillé; and his disinterested generosity is finely
contrasted with the sordid avarice of the British commanders.

Order and economy have taken place in our finances. The troops are
regularly clothed and fed at West Point, and most of the other posts,
at the moderate rate of ninepence a ration when issued, so that the
innumerable band of purchasing and issuing commissaries is discharged.
The hospitals are well supplied in the same way, and small advances of
pay are made to the officers and men. Upon the whole, they were never
in so comfortable a situation as they are at present. Our civil list
formed upon plans of the strictest economy, after having been many
years in arrear, is now regularly paid off; and the departments, in
consequence of it, filled with men of integrity and abilities.
Embargoes and other restrictions being removed, our commerce begins to
revive, and with it the spirit of industry and enterprise; and what
will astonish you still more is, that public credit has again reared
its head. Our bank paper is in equal estimation with specie. Nothing
can be more agreeable than to see the satisfaction with which people
bring their money to the bank, and take out paper; or the joy mixed
with surprise with which some, who have hesitatingly taken bank bills
for the first time, see that they can turn them into specie at their
option.

Whether Spain wishes for peace or war, it is certainly her interest to
push the enemy where they are most vulnerable, and where she can do it
with the smallest expense to herself, and the greatest to her enemy.
Every additional man she enables us to maintain here, forces Britain
to lay out four times as much in procuring, transporting, and feeding
another to oppose him. It has been acknowledged in the British House
of Commons, that every man in America costs the nation annually one
hundred pounds sterling. Though this may appear exorbitant, yet
whoever reflects on the first expense of raising and transporting a
regiment, and the additional charge of sending over recruits to make
up deficiencies, and that of sending provisions to an army and its
innumerable dependants three thousand miles, will think it deserves
some degree of credit. It is obvious then as nations are only strong
in proportion to the money they can command, that every thousand men
we oblige the British to maintain here must make a diminution of their
strength in some other quarter, equal to three times that number.

Enclosed you have copies of two original letters from Mr Deane, in
which he acknowledges others that Rivington has published, which speak
a still more dangerous language. No doubt is entertained here of his
apostacy, or of his endeavor to weaken the efforts of the United
States, and to traduce the character of the people and their rulers,
both in Europe and America. You will doubtless use every means in your
power to destroy the ill effects, which his calumnies may have had
upon the minds of people with you. I enclose you the gazettes, and
again entreat you to let us hear from you more frequently, and to
leave letters at all times at Cadiz, and in the hands of our Consul in
France, so that no vessel may sail without bringing us some
intelligence. The last letter we had from you is dated in September,
near five months ago. I dare say this has been owing to some
accidental cause, and I only mention it, that you may guard against it
by writing more frequently in future, as the silence of our Ministers
excites more uneasiness here than you can conceive. Pray send me, when
no other subject presents itself, and you have leisure, a sketch of
the government of Spain, and the present state of its trade, marine,
military establishments, commerce, revenues, and agriculture.

I could also wish to have the Madrid Gazette, and Mercury, and the
Court Kalendar of this year. I have the pleasure of informing you,
that your friends here are well, and as numerous as ever.

I am, my dear Sir, with those sentiments of esteem and friendship,
which I shall always feel for you, your most obedient humble servant,

                                                 ROBERT R. LIVINGSTON.

       *       *       *       *       *

        TO ROBERT R. LIVINGSTON, SECRETARY OF FOREIGN AFFAIRS.

                                           Madrid, February 6th, 1782.

  Dear Sir,

The Secretary of the Minister of State sent me yesterday morning your
favor of the 13th of December last, accompanied by various papers.

These are the first letters or papers of any kind, that I have as yet
had the pleasure of receiving from you since your appointment; and
they must for the present remain unintelligible for the want of your
cypher. The one mentioned to have been enclosed with these papers is
missing, and the other never came to hand.

On the 29th of November last, I received a packet, in which I found
enclosed a set of cyphers endorsed by Mr Secretary Thomson, and
nothing else. Mr Barclay had sent it by the post, under cover to a
banker here. It had evident marks of inspection, but I acquit the
banker of any hand in it.

A letter of the 18th ult. from Mr Joshua Johnson, at Nantes, mentions
the arrival there of the brig Betsey, from Philadelphia, and that she
brought letters for me, which were put into the post-office by the
captain. I have not yet seen them.

There are letters in town, brought by the Marquis de Lafayette to
France; but I have not yet received a line by or from him.

We must do like other nations; manage our correspondences in important
cases by couriers, and not by the post.

I have not written you a single official letter, not having been
ascertained of your having entered on the execution of your office. I
have, indeed, sent you by more than one opportunity my congratulations
on your appointment.

You may rely on my writing you many letters, private as well as
official, and as I still have confidence in Mr R. Morris's cypher, I
shall sometimes use it to you.

A duplicate of my letter of the 3d of October to Congress, which goes
with this, renders it unnecessary for me to go into particulars at
present. Nothing having since happened but a repetition of delays,
and, of consequence, additional dangers to the credit of our bills.

I am, dear Sir, &c.

                                                             JOHN JAY.

       *       *       *       *       *

                    TO THE PRESIDENT OF CONGRESS.

                                           Madrid, February 6th, 1782.

  Sir,

My last particular letter to your Excellency was dated the 3d of
October last, by Major Franks. I now transmit a duplicate of it by Mr
Stephen Codman, a young gentleman of Boston, who is passing through
this city to Cadiz, from whence he will either be the bearer of it
himself to America, or forward it by some person of confidence.

From the date of that letter to this day, the Minister has found it
convenient to continue the system of delay mentioned in it. I have not
been able to obtain anything more than excuses for procrastination,
and these excuses are uniformly want of health, or want of time.

There is little prospect of our receiving speedy aids from this Court,
and Dr Franklin gives me reason to fear, that a great number of the
bills drawn upon me must, after all our exertions to save them, be
finally protested for non-payment. I have, from time to time, given
the Doctor a great deal of trouble on this subject, and I ought to
acknowledge, that I am under many and great obligations to him for his
constant attention to our affairs here.

As soon as I get a little better of the rheumatism, with which I am
now, and have for sometime past been much afflicted, I shall write
your Excellency another long and particular letter.

I have just received, through the hands of the Minister's Secretary, a
letter from Mr Livingston, dated the 13th of December, marked No. 3.
It is in cypher, but I cannot read it, nor a duplicate of No. 2,
enclosed in it, for want of a key, which, though mentioned to have
been enclosed, is missing. None of his other letters have reached me.
A duplicate of Mr Thomson's cypher, brought by Mr Barclay, came to me
through the post-office with such evident marks of inspection, that it
would be imprudent to use it hereafter.

Notwithstanding all our difficulties here, I think we should continue
to oppose obstacles by perseverance and patience, and my recall should
rather be the result of cool policy than of resentment. I am somewhat
inclined to think, that it may become politic to suspend it on the
reply of the Court to a demand of a categorical answer. Unless the
Minister's system should change, (for they still give me hopes) it
might perhaps also be proper for me to consult with Dr Franklin and Mr
Adams on the subject, and send Congress the result. For this purpose,
I submit to Congress the propriety of giving me permission to go to
France or Holland.

Advantages are certainly to be derived from preserving the appearance
of being well here; and such is the general opinion at present. But I
am still much inclined to think it advisable to push this Court by a
demand of a categorical answer. I doubt their venturing to break with
us. The French Ambassador thinks it would be rash, and opposes it.
Hence principally arises my suspense.

I have the honor to be, &c.

                                                             JOHN JAY.

       *       *       *       *       *

                       TO ROBERT R. LIVINGSTON.

                                          Madrid, February 16th, 1782.

  Dear Sir,

No letters by the Marquis de Lafayette have as yet reached me. I had
the honor of writing to you on the 6th and 13th instant.

We were yesterday informed, and so the fact is, that the Castle of St
Philip surrendered by capitulation to the Duc de Crillon, on the 4th
instant. There was no breach made, nor any of the out-works taken. The
garrison are to go to England and remain prisoners of war till
exchanged.

I am to go to the Pardo this evening. There I shall learn some further
details from the Minister. If I return sufficiently early for the
post, they shall be subjoined.

Things look better just at present; but my sky has hitherto been so
like an April one, that I dare not as yet flatter you or myself with
settled fair weather.

I am, Dear Sir, with great esteem and regard, &c.

                                                             JOHN JAY.

       *       *       *       *       *

                       TO ROBERT R. LIVINGSTON.

                                          Madrid, February 18th, 1782.

  Dear Sir,

I wrote to you a short letter on the 16th instant. I have procured a
copy of the gazette to be published tomorrow, and I send enclosed as
much of it as contains the articles of capitulation for Fort St
Philip. This event takes place very opportunely, and will have a fine
effect in England. Things begin to look more promising; but I avoid
particulars for a week or two, that I may have a better opportunity
of judging what reliance may be placed in present appearances.

With great esteem and regard, I am, Dear Sir, &c.

                                                             JOHN JAY.

_P. S._ Not a letter yet by the Marquis de Lafayette.

       *       *       *       *       *

                  ROBERT R. LIVINGSTON TO JOHN JAY.

                                        Philadelphia, March 8th, 1782.

  Dear Sir,

I shall leave town tomorrow, and be absent a few weeks. I do not care
to do it without letting you know, that we have nothing worth telling
you. For want of positive, you must be content with negative
information, which sometimes has its use, and failing of any other at
least serves to provoke an answer, and makes those to whom it is
addressed ashamed of their silence, when they can collect anything to
communicate. I just now learn that General Greene has moved to the
Quarter House, five miles from Charleston, and detached a part of his
army to Georgia. The enemy have evacuated all the outposts they held
in that State, and retired into Savannah. It is imagined that they
will shortly evacuate and concentre their forces at New York. Empty
transports have sailed from the latter place, but whether to bring
away the troops from Charleston I cannot say. We are extremely anxious
to hear the event of a battle, which has been fought in the West
Indies between the fleets, but of which we know nothing certain.

Enclosed you have a copy of a letter from Mr Pollock, who is well
acquainted with the country about the Mississippi; it contains some
information which may be of use to you. I also enclose you sundry
resolutions of Congress, organizing the office of Foreign Affairs,
from which you will learn the extent of my powers, and not be misled
by supposing them greater than they are.

I am, Dear Sir, with great esteem and affection,

                                                 ROBERT R. LIVINGSTON.

       *       *       *       *       *

                  ROBERT R. LIVINGSTON TO JOHN JAY.

                                       Philadelphia, April 27th, 1782.

  Dear Sir,

I informed you in my letter of the 16th instant,[1] that yours of the
3d of October had been received and submitted to Congress in my
absence, and, as I had then reason to think, that it would be answered
by them. This I wished because I was persuaded it would express their
approbation of your conduct, and afford you that intimate knowledge of
their sentiments, which the delicacy of your situation renders
particularly important. They have, however, judged it proper to refer
the letter to me. I shall endeavor to preserve the advantages I have
mentioned to you, by reporting this answer.

Acquainted with the expectations of Congress, and the grounds on which
they formed them, you will easily believe, that they are equally
surprised and concerned at the little attention hitherto shown by
Spain to their respectful solicitations. They had learned from every
quarter that his Catholic Majesty, among the princely virtues he
possesses, was particularly distinguished for his candor, and that
open dignity of character, which is the result of having no views
that he found any reluctance in disclosing; and that the Ministers in
whom he confided, breathing the spirit of the Prince, were above those
artifices, which form the politics of inferior powers. They knew the
insults which Spain had received from Great Britain, and they could
conceive no reason why she should conceal or refuse to return them by
supporting openly the people, whom Britain unjustly endeavored to
oppress. These principles, confirmed by the frequent recommendations
of those whom they believed to be acquainted with the sentiment of the
Court of Madrid, induced them to send a Minister to solicit the
favorable attention of his Catholic Majesty to a people who were
struggling with oppression, and whose success or miscarriage could not
but be important to a sovereign, who held extensive dominions in their
vicinity. Give me leave to add, Sir, that in the choice of the person,
they were not inattentive to the dignity of the Court; or to the
candor and integrity by which they were supposed to be influenced. I
would not have you infer from what I have said, that the favorable
sentiments, which the United States have hitherto entertained of the
Court of Madrid, have undergone the least alteration. They are
satisfied that nothing would be more injurious to both nations, than
to permit the seeds of distrust or jealousy to be sown among them.

But though those who are well informed feel no abatement of respect or
esteem for the virtue and magnanimity of his Majesty, and do full
justice to the integrity and abilities of his Ministers, accepting the
apologies you mention, and attributing to their true causes the delays
and neglects you have unhappily experienced, yet they are in the
utmost pain, lest they should work some change in the sentiments of
the people at large, in whom with us the sovereignty resides, and
from thence diffuse themselves into the government, and be productive
of measures ruinous to that friendly intercourse, that spirit of
amity, which it is the wish of those who are acquainted with the true
interests of both countries to promote.

After the war was declared by Spain, those among us who had formed the
highest ideas of her magnanimity, persuaded themselves that she would
act advisedly for us when she found us in distress. They grounded
their belief upon the avowed spirit of the nation, and the policy of
adopting measures to re-animate us and damp the ardor of the enemy,
and to make such impressions upon our hearts, as to give them in
future a considerable influence on our councils. Our disappointment in
this expectation, though perhaps to be accounted for upon very natural
principles, has been greatly aggravated by the sedulous endeavors of
the enemies of both countries to create distrust and jealousies. They
artfully insinuate, that Spain seeks only to draw advantages from our
wants, without so far interfering in our affairs as to involve
herself, if we should be unsuccessful. These insinuations are gaining
ground, and it becomes daily more necessary for Congress to be
furnished with reasons to justify to their constituents the
concessions they have proposed to make, or to withdraw those
concessions when they are found ineffectual. Yet they find much
reluctance in discovering the least want of confidence in the Court of
Madrid; and though their present situation might fully justify them in
not parting with the important rights you are empowered to concede,
without stipulating some very valuable equivalent, yet they cannot be
induced to make any alteration in your instructions on this subject,
till you shall have reason to conclude, that nothing can be done
towards forming the alliance they have so much at heart; not only
because of the influence it will immediately have in accelerating the
peace, but because of the advantages, which Spain and America may
reciprocally promise each other in future, from the lasting connexion
which will be erected thereon.

Though the delays you have met with afford room to suspect, that Spain
wishes to defer a particular treaty with us till a general peace, yet
I see so many political reasons against such a measure, that I can
hardly presume they will adopt it.

At the close of a successful war, a great and powerful nation, to whom
a character for justice and moderation is of the last importance, can
in no case demand more than a compensation for the injuries received.
This compensation will, indeed, be measured in part by their success.
But still it has bounds, beyond which a nation cannot go with dignity.
Spain has insisted upon the cession of Gibraltar as a preliminary to a
peace. This is, of itself, a considerable compensation for any damage
she may have sustained. Should she carry her demands further, and
agreeably to the ideas of the Spanish Ministers, expect to have any
exclusive right to the Gulf of Mexico, and the river Mississippi, she
must not only demand East and West Florida of the British, but she
must support the claims of Great Britain against those of America, the
claims of an enemy against the rights of a friend, in order that she
may make still further demands.

Will it consist with the dignity of his Catholic Majesty to ask, for
the short space in which he has been engaged in the war, not only
Gibraltar, but the two Floridas, the Mississippi, the exclusion of
Great Britain from the trade to the Bay of Honduras; while the other
branch of the House of Bourbon, who engaged early in the controversy,
confines her demands to the narrowest limits? Will he expose himself
to the imputation of despoiling an ally, (for such we are in fact,
though we want the name) at the instant that he is obtaining the
greatest advantages from the distress, which that ally has, at least
in part, contributed to bring upon his enemy? And this too, without
the least necessity, when he may, by accepting and purchasing our
title, appear to have contended for the rights of the United States.
This will then make no part of the satisfaction to which he is
entitled from Great Britain; he may justly extend his demands to other
objects; or exalt his character for moderation, by limiting them to
narrower bounds. This mode of reasoning will come with more weight,
when we display our rights before impartial mediators, and show that
recent conquests have been added to our ancient title, for it cannot
be doubted, that we shall at the close of the war make the most of
those rights, which we obtain no equivalent for, while it continues.

I persuade myself, therefore, that Spain will not risk the loss of so
important an object as the exclusive navigation of the Mississippi, by
postponing the treaty to a general peace, more particularly as a
treaty with us will secure our concurrence in their views at a general
Congress, as well as save them the necessity of making demands
inconsistent with that character for moderation, which their great
power renders important to them.

Congress flatter themselves, that the surmises on this subject are
groundless, and that before this reaches you, the treaty will be far
advanced. Should they be mistaken, you will take measures to know from
Spain, whether she accepts your concession as the price of our
alliance, and upon what terms. If they are such as you cannot close
with, and the treaty must break off, be persuaded, that any steps you
have taken or shall take, not inconsistent with the respect due to his
Catholic Majesty, to prevent the cessions you are empowered to make
from militating against our rights, will be approved by Congress.

Congress presume you will find no difficulty in knowing the intentions
of his Majesty on this subject, since they wish you to treat his
Ministers with that unreserved confidence, which becomes the
representative of a nation, which has no views that it does not avow,
and which asks no favor which it does not hope to return, and, as in
the present happy state of his Majesty's affairs, they can conceive no
reason for disguising his designs, they are satisfied, that your
frankness will meet from his Ministers with the confidence it merits.

I make no observations on the hint the Count de Florida Blanca gave
you, with respect to the restitution of such sums as Spain might be
pleased to advance to us; because, whatever claims we might set up to
a subsidy from the share we take in the burthen of the war, and the
utility of our exertions in the common cause, we are far from wishing
to lay ourselves under any pecuniary obligations for a longer time
than is absolutely necessary. A few years of peace will enable us to
repay with interest any sums, which our present necessities compel us
to borrow.

I cannot close this letter without expressing the grateful sense, that
Congress entertain of the disinterested conduct of Spain, in rejecting
the proffers of Great Britain, which must undoubtedly have been
considerable, if they bore that proportion to the importance of his
Catholic Majesty in the great system of politics, which those that
have been frequently thrown out to lead the United States to a
violation of their engagements, have done to their comparatively small
weight in the general scale. But as America never found the least
inclination to close with the insidious proposals of Great Britain, so
she finds no difficulty in believing, that the wisdom and magnanimity
of his Catholic Majesty will effectually guard him against every
attempt of his natural enemy, to detach him from those, who are daily
shedding their blood to avenge his injuries in common with their own.

I have the honor to be, &c.

                                                 ROBERT R. LIVINGSTON.


FOOTNOTES:

[1] This letter is in cypher, and the key has been lost.

       *       *       *       *       *

                  ROBERT R. LIVINGSTON TO JOHN JAY.

                                       Philadelphia, April 28th, 1782.

  Dear Sir,

You will receive with this a letter dated yesterday. You will judge
how far it may be expedient to ground demands on the right we have to
a compensation for our share of the burden and expense of the war, if
the issue should be as favorable as we have reason to expect. Our
strength is so much underrated in Europe, that you will find it proper
to represent it as it really is. Our regular army, including the
French troops, will consist of about ---- men. They are well
disciplined, clothed, and fed; and having for the most part seen seven
years' hard service, I believe they may be counted equal to any troops
in the world. Our militia are in excellent order, and chiefly
disciplined by officers who have left the regular service. While the
army lies in the middle States, it can in ten or fifteen days receive
a reinforcement of ---- men for any particular service. Facts, that
you can easily call to mind, will evince that any deficiency in the
regular troops is amply made up by this supply. These are loose hints
by no means directory to you. Congress mean as little as possible to
clog you with instructions. They rely upon your judgment and address
to reconcile whatever differences may appear to be between the views
of Spain, and the interests of these States.

I have the honor to enclose an important resolution, which I fear to
put in cypher, both because you seem to be at a loss about your
cypher, and because it would be of little use, considering the
accident which you say has happened to it.

I have the honor to be, &c.

                                                 ROBERT R. LIVINGSTON.

       *       *       *       *       *

                       TO ROBERT R. LIVINGSTON.

                                             Madrid, April 28th, 1782.

  Dear Sir,

My letter to his Excellency, the President of Congress, of the 3d of
October last, of which a copy has also been since sent, contained a
full and accurate account of their affairs here. Many minute and not
very interesting details of little difficulties were omitted, and
among others, those which arose from my having no funds for the bills
payable in October and November, &c. &c. The experience I had gained
of the disposition of this Court, and the delays which attend all
their decisions and operations, induced me to consider my obtaining
timely supplies from hence as very uncertain. I therefore wished to
have an occasional credit from Dr Franklin, to be made use of as
necessity might require, and, for that purpose, wrote him the
following letter on the 10th of September, viz.


                       TO DR BENJAMIN FRANKLIN.

                                  "St Ildefonso, September 10th, 1781.

  "Dear Sir,

"My last to you was of the 20th day of August last, by Dupin, the
French Ambassador's courier. Major Franks, with despatches from
Congress, and from Mr Robert Morris, is now with me, and will proceed
to Passy as soon as I shall be enabled to write to him.

"He will bring you a copy of Mr Morris's letter to me, from which you
will see the present state of American finances, and the measures he
is prosecuting to ameliorate them. My former letters mentioned my
apprehensions, that many more bills had been drawn upon me, than those
for which the sum you authorised me to draw upon you for would
satisfy. Near seventy thousand dollars will be wanted to pay those
which have since arrived, and although I cannot think it improbable
that provision may here be made for at least a part of that sum, yet
the delays which usually attend operations of this kind render it
highly necessary, that occasional resources be elsewhere had.

"This consideration, so far as it applies to the payments to be made
in the two succeeding months, obliges me again to recur to you.

"The sanguine expectations entertained by our country from the
appointment of Mr Morris, his known abilities, integrity, and
industry, the useful reformations he has begun, and the judicious
measures he is pursuing abroad, as well as at home, afford reason
to hope, that under his direction American credit will be
re-established, and the evils which have long threatened us on that
head avoided.

"It will be useless, therefore, to remark, how important it is to
prevent our credit from receiving a deep additional wound at the very
moment when so much is doing to recover it. The protest of any of our
public bills for want of payment would at this period be more
injurious than heretofore, and unless again saved by you, that cruel
necessity must take place with respect to those on me. Besides, as the
singular policy of drawing bills without previous funds will now be
relinquished, we have reason to flatter ourselves, that we shall in
future have no embarrassments of this kind to struggle with. I am well
persuaded, that Mr Morris will not pursue such hazardous and
unprecedented measures, and, therefore, as in all human probability
the present difficulties will be all that we shall have to surmount, I
hope you will think with me, that the utmost exertions should be made
for the purpose, and that after having done so much to save the credit
of American bills, you will still be disposed to do everything in your
power to put it out of danger.

"When it will be in my power to replace the sums drawn from you, is
hard to divine. All I can say or do is to assure you, that nothing but
want of ability shall delay or prevent it.

"When I consider how much might have been saved, had my bills on you
been sold to those who would have taken them on the best terms, I
cannot forbear thinking, it would be advisable to give me only general
authority to draw for such sums as I may want, not exceeding the one
you may limit.

"The sum wanted for October is twelve thousand five hundred and
sixtyseven dollars, and for November three thousand and six hundred.

"I particularise only the payments due in these two months, because,
before the first of December, I hope my expectations from other
quarters will at least be ascertained.

"I am, Dear Sir, with great and sincere regard and esteem, your
obliged and obedient servant,

                                                             JOHN JAY.

"_P. S._ The Marquis d'Yranda has received a letter from Mr Grand,
informing him that no more bills are to be drawn upon you by me
without further order. I am a little at a loss to determine whether
this restriction is intended to extend to the balance, which remains
of the twentyfive thousand dollars allotted for the payment of the
bills at two months' sight, and for which I was only to draw as
occasion might require.

"Lest my having refused to accept some bills drawn upon me by
Congress, should give rise to reports prejudicial to their credit, I
transmit herewith enclosed a state of that case; you will be pleased
to make such use of it, as circumstances may render necessary. I gave
a copy of it to the gentleman who presented the bills, and desired
that it might be recited at large in the protest.

                                                                J. J."


It was not till after several of the bills due in October had become
payable, that I received the Doctor's friendly answer of the 29th of
September, in which he permitted me to draw for the sum requested; so
that had not M. Cabarrus, my banker, consented to make the necessary
advances, I should have been extremely embarrassed, for, as I before
apprehended, any reliance for immediate though small supplies from
this Court would have proved delusive.

This credit from Dr Franklin enabled me to see our bills duly paid for
two months, and I had some faint hopes that before the month of
December should arrive with further bills, the intention of this Court
on the subject of supplies might be ascertained.

I will now proceed to resume the narrative of our affairs here from
the date of my abovementioned letter to the President, of the 3d of
October last, confining myself to such matters as appear to me
necessary to enable you to form a just and clear idea of my
negotiations.

My letter of the 3d of October mentions my having been then lately
promised, that a person should be appointed to confer with me, as well
on the subject of my propositions for a treaty as on that of my
application for aids, and that his instructions should be completed
before the Court should remove from St Ildefonso to the Escurial,
which was soon to take place.

This communication was made to me on the 27th of September, and, lest
pretext for delay might arise from my absence, I determined to remain
at St Ildefonso until the Court should be on the point of leaving it.

On the 5th of October I found that no further progress in our affairs
was to be made before the Court should be settled at the Escurial, to
which they were then preparing to go. I therefore concluded to return
to Madrid, and, with the approbation of the Ambassador of France, I
wrote the following note to the Minister, viz.


"Mr Jay presents his compliments to his Excellency, the Count de
Florida Blanca, and has the honor of informing him that he purposes
to return to Madrid tomorrow, and will with pleasure attend his
Excellency's orders at the Escurial, as soon as it may be convenient
to his Excellency to render his presence there necessary.

"_St Ildefonso, October 5th, 1781._"


To this I received the following answer.


                             Translation.

"The Count de Florida Blanca presents his compliments to Mr Jay, and
wishes him a pleasant journey. He will write to him as soon as he can
say anything positive on the subject of his last note. _October 5th,
1781._"


Four days afterwards the Count sent me a complaint against Commodore
Gillon, of the South Carolina frigate, then lying at Corunna, and I
insert copies of the papers which passed between us on that occasion,
not only because I ought to give an account of all interesting public
transactions, but also that my conduct on this occasion may stand
contrasted with that of the Minister on some other similar ones.


   _Recital of a Complaint exhibited by the Count de Florida Blanca
                      against Commodore Gillon._

                             Translation.

"An American vessel of war has arrived at Corunna, having on board two
soldiers, deserters from the Irish regiment of infantry. The commander
of the Province having claimed them, the captain refuses to deliver
them up on any pretext whatever, pretending, among other reasons, that
all his equipage belongs to his Most Christian Majesty. This is not at
all probable, for if the officers and crew were subjects of France,
it would have been improper to pass off the vessel for a frigate of
the United States, under the American flag. Besides, these deserters
having fled to a French vessel of war, to the demand of their
surrender by the Spanish commander, it was replied on the word of
honor of the captain, that they were not on board; so that, supposing
the frigate to be a French ship, there is reason to suppose that they
would have been surrendered.

"The Count de Florida Blanca has thought it necessary to inform Mr Jay
of these facts, in the full persuasion that he will have the goodness
to write by the first post to the captain, in such terms as to induce
him to surrender the deserters; it shall be understood, that they
shall not be punished, and shall finish their engagements in their own
corps, or in some other better paid.

"Mr Jay is too reasonable not to grant that it would be unjust for a
vessel to appear in a port, solely to require and receive all sorts of
attentions and marks of respect, (without any previous claim or
engagement) and at the same time to refuse and deliver up any
subjects, which it should have on board, of the sovereign of the
country in whose name all these tokens of respect have been rendered.

"_October 8, 1781._"


                         ANSWER TO THE ABOVE.

                                           "Madrid, October 9th, 1781.

  "Sir,

"The letter which your Excellency did me the honor to write on the 8th
instant arrived this morning. I consider myself much obliged by the
communication of the facts mentioned in it, especially as it affords
me an opportunity of manifesting to his Majesty and to Congress my
attention to his rights and to their orders.

"I perfectly agree in sentiment with your Excellency respecting the
impropriety of detaining on board the American frigate at Corunna, the
two men claimed by the commandant there, as deserters from one of his
Majesty's regiments.

"Your Excellency's remarks on this subject are no less delicate than
just; and your assurance that these men shall not be punished renders
a compliance with the requisition to deliver them up no less
consistent with humanity than with justice.

"It gives me pleasure to confess, that the hospitable reception given
to American vessels in the ports of Spain gives his Majesty a double
right to expect, that their conduct should at least be inoffensive. In
the present case, (as stated in your Excellency's letter) I am fully
convinced of the justice of this demand, that I should not hesitate to
comply with it, even though made on a similar occasion by the Court of
Portugal, from whose affected neutrality we suffer more evils, than we
should experience from any open hospitality she is capable of
executing.

"Agreeably to your Excellency's desire, I have written a letter (of
which the enclosed is a copy) to the commanding officer of the frigate
in question; and as the manner in which your Excellency's letter to me
treats this subject cannot fail making agreeable impressions on
Americans, I shall take the liberty of sending a copy of it to
Congress, as well as to the abovementioned officer.

"I cannot omit this opportunity of expressing my acknowledgments for
your Excellency's promise to write to me from the Escurial, as soon as
you shall be in a capacity to speak positively on the subject of my
late letter. Permit me only to remark, that the season wears away
fast, and that Congress must be extremely anxious to hear that the
delays, which have so long kept them in a disagreeable state of
suspense, are finally and happily terminated.

"I have the honor to be, &c.

                                                            JOHN JAY."


The letter written to the commanding officer of the frigate, a copy of
which was furnished to the Count de Florida Blanca, is as follows.


                         TO COMMODORE GILLON.

                                           "Madrid, October 9th, 1781.

  "Sir,

"The paper herewith enclosed is a copy of a letter which I received
this morning from his Excellency, the Count de Florida Blanca, his
Catholic Majesty's Principal Secretary of State, and Minister for
Foreign Affairs.

"You will perceive from it that two men on board your frigate are
claimed by this government, as deserters from one of his Majesty's
Irish regiments of infantry; and that you are said to have refused to
deliver them up, because, among other reasons, your crew are the
subjects of his Most Christian Majesty.

"If the men in question are citizens of one or other of the United
States of North America, and admitted to be such, refusing to deliver
them up, as deserters from the service of Spain, may be proper,
because while their own country is at war, they cannot without her
consent enter into the service of any other power.

"If they are Spaniards, then they are the subjects of his Catholic
Majesty, and ought not to be withheld from him.

"If they are foreigners, in that case whatever right they might have
to enter into the American service, they certainly had an equal one to
enter into that of Spain; and if they had previously engaged with the
latter, their subsequent enlistments with you were void, and Spain
being in friendship with us has a just right to reclaim them.

"If they deny their having enlisted in the Spanish service, still like
all other foreigners who come into this kingdom they ought to submit
to the justice of the country, and you ought not to screen them from
it, especially as it cannot be presumed that the charge made against
them is destitute of probability.

"As to the circumstance of your crew's being subjects of the King of
France, I cannot think that any argument to justify your detaining
them can be drawn from it. For admitting them to be French subjects,
yet as it may be lawful for them (Spain and France being allies) to
enter into the service of Spain, the right of Spain to enlist must
necessarily involve a right to compel obedience, and also to retake
and punish deserters. Besides, as any questions about the legality of
such enlistments concern only those two crowns, Americans cannot with
propriety interfere.

"In whatever light I view this affair, I cannot perceive the least
right that you can have to detain these men, after having been thus
formally and regularly, demanded by proper authority, as deserters
from the service of his Catholic Majesty.

"You may observe that I treat this subject merely as a question of
justice, arising from that general law, which subsists and ought to be
observed between friendly nations.

"I forbear making any remarks on the impolicy of your persisting to
detain these men. I hope never to see America do what is right merely
because it may be convenient. I flatter myself that her conduct will
uniformly be actuated by higher and more generous principles, and that
her national character will daily become more and more distinguished,
by disinterested justice and heroic magnanimity.

"I shall take the earliest opportunity of transmitting a particular
state of this affair to Congress, and I cannot doubt but that your
conduct will merit their approbation, by being perfectly consistent
with a just regard to the dignity and rights of a sovereign, who has
acted not only justly but generously towards our country.

"If your reluctance to deliver up those men should have arisen from an
apprehension of their suffering the punishment, which on conviction
would be due to their offences, that reluctance ought now to cease,
because his Excellency, the Minister, has been pleased to assure me,
that they shall not be punished, but only obliged to fulfil those
engagements, which they ought to have honestly performed instead of
deserting.

"In short, Sir, although on the one hand, I will never advise or
encourage you to violate the rights of the meanest man in the world,
in order to answer political purposes; yet on the other, I shall
always think it my duty to advise and encourage both you and others to
render unto Cæsar whatever may belong unto Cæsar.

"I am, &c.

                                                            JOHN JAY."


In answer to this letter, the Commodore wrote me one, which, according
to the state of facts mentioned in it, showed that the charge against
him was precipitate, and, as he in that letter predicted, I have never
since heard anything further from the Minister on the subject.

You may recollect, that copies of certain letters from Colonel Searle
and Mr Gillon, which I had just received, were subjoined to my letter
of the 3d of October last. These letters were soon followed by several
others. Colonel Searle's representations against the Commodore's
conduct were very strong, and tended to create an opinion, that the
ship and public stores on board of her were in danger. He desired me
to send some person to Corunna, with proper instructions on the
subject, and as an additional inducement offered to transmit to me
through him some important information, which had been confidentially
communicated to him in Holland by Mr Adams, and which he did not
choose to hazard by a common conveyance.

Considering the nature of these representations, and the limits and
objects of my commission and instructions, it became a difficult
question how far I ought, and in what manner I could interfere. I
finally judged it would not be improper to send Mr Carmichael down
with instructions to make a full inquiry into the facts alleged
against the Commodore, and to use my influence with this government to
stop the vessel for the present, in case on such inquiry there should
arise a very strong presumption, that such a step would be necessary
to preserve her. Mr Carmichael did not think that a business of this
kind was within the duty of his appointment, and he doubted his being
able to ride post so far. This was a delicate business, and the
management of it could with propriety be only committed to one, in
whose prudence and circumspection much confidence might be reposed. It
would have been improper for me to have undertaken it, because I could
not justify exposing by my absence our negotiations for aids and a
treaty to unseasonable delays.

Soon afterwards I received a very long exculpatory letter from the
Commodore. This letter placed his transactions in a different point of
view, and inclined me to think that the proposed interposition on my
part would have been unnecessary.

I forbear burthening these despatches with copies of the various
letters I have received and written on this subject, as well because,
as they relate to transactions in Holland and France, with the public
agents and Ministers in those countries, they are not properly within
my province, as because they contain nothing of sufficient importance
to make it necessary for me again to send further copies.

You will be pleased to observe, that my last letter to the Minister
was dated the 9th of October, and that there is a paragraph in it
soliciting his speedy attention to the affairs on which he had
promised to write to me. I received no answer. Some weeks elapsed and
the same silence continued.

I consulted the Ambassador of France, as to the propriety of my going
to the Escurial, and endeavoring to prevail upon the Minister to
proceed in our affairs, observing that the measures of Spain, with
respect to us, might be important if not to this, yet to the next
campaign, and that the sooner they were decided, the better enabled
Congress would be to regulate their future operations. He was of
opinion, that as the Minister had promised to give me notice of the
time when he would be able to transact these affairs with me, it would
be most prudent to wait with patience somewhat longer, and not by an
appearance of too great solicitude, to give him uneasy sensations. All
things considered, this advice appeared to me discreet, and I followed
it.

Thus the month of October produced nothing but expectation, suspense,
and disappointment.

About this time M. Gardoqui mentioned to me a singular ordinance which
occasioned, and is explained in the following letter from me to the
Minister, viz.


                                          "Madrid, October 28th, 1781.

  "Sir,

"M. Gardoqui informs me, that his Majesty was pleased in the month of
March last to order, 'that when a prize taken by a French or Dutch
vessel should arrive in a port of Spain, the Marine Judge of the
District should reduce to writing the evidence of the capture, and
deliver it to the French or Dutch consul, (as the case might be) to be
by him transmitted to the Admiralty, from whence the commission of the
captors issued in order that the legality of the capture might there
be tried; and further, that the sentence which might there be passed
should, on being duly certified to the aforesaid judge, be executed
under his direction.' I am also informed, that on the 12th instant,
his Majesty was pleased to extend the abovementioned order to prizes
taken by American vessels of war, and sent into any of the ports of
Spain.

"So far as this order affects the United States of America, I take the
liberty of representing to your Excellency, that the execution of it
will necessarily be attended with the following inconveniences.

"1st. The distance of America from Spain is so great, and the
intercourse between the two countries rendered so precarious by the
war, that many months must unavoidably elapse before the sentence of
an American Court of Admiralty can be obtained and executed here.

"2dly. That by these delays all cargoes, or parts of cargoes, which
may be of a perishable nature, will be lost, and the value of the
vessel and rigging greatly diminished.

"3dly. That as his Majesty has not as yet been pleased to grant the
United States the privilege of having consuls in his ports, it is not
in their power to provide for the transmission of the evidence of
captures, in the manner specified in the abovementioned order.

"4thly. That in case the prize should be claimed as a neutral vessel,
the claimants must either prosecute their claim in America, or the
sentence given there could not be influenced by it; and yet it is more
probable, that those claimants would endeavor to avoid that expense
and trouble, by applying here for an order to suspend the execution of
the sentence, as well as for a trial of the merits of their claim by a
Spanish tribunal. In which case the same cause would become subject to
two jurisdictions, and tried by two different independent courts, in
two different countries.

"This order not being published, it is possible, that my information
respecting it may not be right in all its parts; though I have reason
to believe from the usual accuracy of M. Gardoqui, (from whom I
received this information) that I am not mistaken.

"There is at present an American prize at Bilboa, and all judicial
proceedings respecting it are now at a stand.

"The importance of this subject to the United States, and in some
measure to the common cause, will I hope apologize for my troubling
your Excellency with these remarks, and for requesting, that the
embarrassments in question may be removed, in such a manner as may be
most agreeable to his Majesty.

"I have the honor to be, &c.

                                                            JOHN JAY."


To this letter I never received any answer whatever. After waiting six
or eight days I asked M. Gardoqui, who almost daily applied to me on
the subject, what could be the reason of so much delay in a case,
that admitted of so little doubt. He said he could only account for it
by supposing, that the Minister had sent for the original order to
prevent mistakes. I asked whether these royal orders were not
regularly recorded at the time they were issued. He told me they were
not.

For my own part I rather suspect that this order treated us as an
independent nation, and that the Minister found it difficult to
establish any general regulations respecting our prizes or commerce,
without meeting with that obstacle. M. Gardoqui informed me, that one
of the Judges permitted him to read it, but would not let him take a
copy of it, and that it only contained an extension to American
prizes, of the regulations before ordained for Dutch and French ones.

As to the prize at Bilboa, a particular order was issued in that case
for selling the ship and cargo, on the captors giving security to
produce, within a year, an exemplification of a sentence of an
American Court of Admiralty to justify it.

On the 5th of November, M. Gardoqui communicated to me certain letters
and papers from which it appeared, that the Cicero, Captain Hill, had
been stopped at Bilboa, by an order of the Minister, on a charge of
improper conduct towards one of the King's cutters. Upon this subject
I wrote the following letter to the Count de Florida Blanca, viz.


                                          "Madrid, November 6th, 1781.

  "Sir,

"It gives me much concern to be informed, that the conduct of Captain
Hill, of the Cicero, an American private ship of war, towards one of
his Catholic Majesty's cutters, has been so represented to your
Excellency, as to have given occasion to an order for detaining him at
Bilboa.

"This unfortunate affair is represented to me as follows.

"That Captain Hill, with a prize he had taken, was going from Corunna
to Bilboa. That in the night of the 26th of October last, he
discovered an armed vessel approaching the prize. Captain Hill
suspecting it to be a Jersey privateer, hailed her, and ordered her to
send her boat on board. They answered in English, that their boat was
out of repair. This circumstance increased his suspicions that she was
an enemy, and induced him to insist on their sending a boat on board;
which not being complied with, he was persuaded it was an enemy, and
accordingly gave them a broadside. Upon this they sent a boat to the
Cicero and convinced Captain Hill, that the vessel was a Spanish
cutter.

"If this is really a true state of the fact, and I have reason to
believe it is, I am persuaded, that your Excellency will not think
Captain Hill's conduct was unjustifiable, or contrary to the common
usage in such cases. Having a valuable prize under his care, it was
his duty to protect it, and as it was impossible for him at night to
discover an enemy from a friend, in any other manner than the one he
used, the Captain of the cutter certainly appears to have been remiss
in not sending out his boat at first as well as at last.

"Both the Cicero and her prize now lie at Bilboa, laden with valuable
cargoes, and expected to sail from thence for North America on the
16th instant. The privateer alone, has one hundred and forty men on
board, and should they not be permitted to sail at the time
appointed, a very considerable expense must inevitably be incurred,
because they would be obliged to wait for the next spring tides.

"As no American vessel can have the least temptation to violate the
rights of Spain, but as on the contrary it is the well known interest,
as well as disposition, of the United States to cultivate the
friendship of his Catholic Majesty, I am convinced, that there was not
in this case the least intention of disrespect to the Spanish flag.
Permit me therefore to hope, that your Excellency will be pleased to
permit the departure of these vessels by a general order, or on
Captain Hill's giving security for the payment of such damages, as he
may become chargeable with, on the issue of a judicial inquiry into
this transaction.

"I assure your Excellency, that no citizen of America will be
countenanced by the United States in any improper conduct towards his
Catholic Majesty, or any of his subjects, and if I had the least
reason to think, that Captain Hill was in this predicament, it would
give me much more pleasure to hear of his being punished than
released.

"I have the honor to be, &c.

                                                            JOHN JAY."


The Count's answer to the above.


                             Translation.

"The Count de Florida Blanca has the honor to present his compliments
to Mr Jay, and to assure him, that the information he has received
relative to the affair of the Cicero privateer, as set forth in his
letter of the 6th instant, is not correct, the Count having received
from persons of respectability and entirely worthy of credit very
accurate statements. It is therefore necessary, that some suitable
satisfaction should be given, in order to serve as an example to
restrain the captains of the American privateers within proper bounds.
This is the more necessary, as it is not the first time that we have
had reason to complain of their conduct, and to demand reparation.

"_St Lorenzo, November 8th, 1781._"


                       REPLY TO THE ABOVE NOTE.

                                         "Madrid, November 12th, 1781.

  "Sir,

"I have received the letter, which your Excellency did me the honor to
write on the 8th instant.

"It gives me pain to hear, that the conduct of an American vessel of
war should be so reprehensible as that of the Cicero has been
represented to be. It is proper that I should inform your Excellency,
that the captains of all American private ships of war give bond with
sureties, to fulfil the instructions they receive with their
commissions; and that these instructions enjoin them to behave in a
proper manner towards friendly nations.

"As the honor and interest of the United States render it highly
necessary, that their officers and citizens should, upon all
occasions, pay the most scrupulous regard to the rights of other
nations, I must request the favor of your Excellency to communicate to
me a state of the facts charged against Captain Hill, that by being
transmitted immediately to America, Congress may be enabled to take
such measures relative to him, as to deter others from the commission
of the like offences.

"Your Excellency would also oblige me, by informing me how the
satisfaction demanded of Captain Hill is to be ascertained, and to
whom it is to be paid. As his remaining much longer in his present
situation would be a great loss to his owners, I wish, for their
sakes, that he may be released as soon as possible; and, I am
persuaded, that your Excellency will not think it necessary to detain
him longer than until the satisfaction in question can be ascertained
and paid.

"I greatly regret that other American privateers have also given
occasion to complaints. I assure your Excellency, that nothing on my
part shall be wanting to prevent the like in future, and I am sure
that Congress would consider themselves obliged, by your Excellency's
putting it in my power to convey to them exact details of any
complaints against their officers.

"I have the honor to be, &c.

                                                            JOHN JAY."


Much reason has been given me to believe, that the hard proceedings
against Captain Hill were not justifiable, and the Minister's
declining to furnish me with a state of the facts supposed to be
alleged against him speaks the same language. What intelligence the
Count may have respecting this misconduct of any other of our armed
vessels, I know not, nor have I heard any other insinuations of that
kind, except what are contained in his note.

The Count omitted to take any notice of my last letter on this
subject, and it was not before the 26th of November, that the matter
was determined by the order alluded to in the following polite
letter.


                             Translation.

  "My Dear Sir,

"From respect to your Excellency and to the American Congress, the
King has determined that Captain Hill, on satisfying, or giving
security to satisfy, the damage he has done to one of our vessels, on
account of which he is detained, shall be at liberty to return to his
country when he pleases. For this purpose I communicate the enclosed
order to the Corregidor of Bilboa, and repeating myself to be at the
service of your Excellency, I pray God to preserve you many years.

                                             COUNT DE FLORIDA BLANCA."


The next day I sent the Count some American papers, which had just
come to hand, and enclosed them with a card, in which there was this
paragraph.

"Mr Jay has received the letter, which his Excellency did him the
honor to write yesterday by M. Gardoqui, and is greatly obliged by the
permission granted to Captain Hill to depart, as well as by the polite
terms in which that circumstance is communicated to Mr Jay."

As further remonstrance on this subject would have been useless, I
thought it best to appear satisfied, and not, by any expressions of
discontent, to hazard new obstacles to the attainment of our more
important objects.

I must now return to the old subject. Although the Count had been some
weeks at the Escurial, and I had in vain waited with great patience
for the letter, which the Minister had promised to write to me on
leaving St Ildefonso, yet as many bills would become payable in
December, and I was unprovided with funds, I thought it high time to
remind the Minister of my situation.

I therefore wrote him the following letter.


                                         "Madrid, November 16th, 1781.

  "Sir,

"I find myself constrained to beseech your Excellency to think a
little of my situation. Congress flatter themselves, that the offers
they have made would certainly induce his Majesty at least to assist
them with some supplies. The residue of the bills drawn upon me remain
to be provided for. Those payable in the next month amount to
thirtyone thousand eight hundred and nine dollars. Would it be too
inconvenient for your Excellency to lend us this sum? Before January,
when further bills would become payable, your Excellency may probably
find leisure to give me an answer respecting our propositions. The
time presses; I entreat your Excellency's answer. I can only add, that
I am, with great consideration and respect, &c.

                                                            JOHN JAY."


To this letter I never received any answer, and it is remarkable, that
the Count's subsequent letter of the 26th of November, announcing the
permission given to Captain Hill to depart, does not take the least
notice of it. Whatever might be the Minister's real intentions, as to
furnishing me with the funds necessary to pay the bills to become due
in December, it appeared to me imprudent to neglect any means in my
power to provide for the worst. I therefore apprised Dr Franklin (to
whom I am under great obligations, and have given much trouble) of my
hazardous situation by the following letter.


                                         "Madrid, November 21st, 1781.

  "Dear Sir,

"It seems as if my chief business here was to fatigue you and our good
allies with incessant solicitations on the subject of the ill timed
bills drawn upon me by Congress. It is happy for me that you are a
philosopher, and for our country that our allies are indeed our
friends. _Amicus certus in re incerta cernitur._

"This Court continues to observe the most profound silence respecting
our propositions.

"I cannot as yet obtain any answer to any of my applications for aids.
Heretofore the Minister was too sick or too busy. At present his
Secretary is much indisposed. I have requested that he would lend us
for the present only as much as would satisfy the bills of December,
viz. thirtyone thousand eight hundred and nine dollars; no answer.
What is to be done? I must again try and borrow a little, and, as
usual, recur to you. Thank God, no new bills arrive; if they did, I
should refuse to accept them; only a few straggling old ones now and
then appear.

"Would not the Court of France, on your representing this matter to
them, enable you to put an end to this unhappy business? Thirty
thousand pounds sterling would do it. I am sure the evils we should
experience from the protest of these bills would cost even France a
vast deal more. You see my situation; I am sure I need not press you
to deliver me from it if in your power.

"I cannot yet believe, that all the assurances of this Court will
vanish into air. I still flatter myself that they will afford us some
supplies, though not in season. I think we might very safely offer to
repay the French Court the proposed sum in America, for surely
Congress would not hesitate to prefer that to the loss of their
credit.

"I enclose a newspaper, which gives us reason to indulge the most
pleasing expectations. God grant they may be realised. I have a letter
from Mr Gerry, dated at Marblehead the 9th of October. He was then in
daily expectation of hearing that Lord Cornwallis and his army were
our prisoners. He describes the last harvest as very abundant, and the
general state of our affairs as very promising; much more so, indeed,
than ever they have been.

"I am, &c. &c.

                                                            JOHN JAY."


This letter was conveyed by a courier of the French Ambassador. I did
not choose, by putting it in the post office, to give this Court an
opportunity of knowing that I was endeavoring to obtain a credit for
the sum in question, lest that circumstance might become an additional
motive with them to withhold their assistance.

In short, Sir, the whole month of November wore away without my being
able to advance a single step. M. Del Campo's illness afforded a
tolerable good excuse for delay during the latter part of November,
and the first three weeks in December.

On the 1st of December I found myself without any answer from Dr
Franklin, with many bills to pay, and not a farthing in bank. M.
Cabarrus, fortunately for me, was willing as well as able to make
further advances, and to him I am indebted for being relieved from the
necessity I should otherwise have been under, of protesting the bills
due in that month.

The Court removed from the Escurial to Madrid without having bestowed
the least attention either on the propositions or different memorials
on commercial matters, which I had submitted to the Minister.

It was natural to expect, that our successes in Virginia would have
made a very grateful impression on this Court; but I am far from
being persuaded that they considered these events as favorable to
their views. Of this, some judgment may be formed from their
subsequent conduct.

On the 6th of December I sent the Minister the following card, and a
memorial from Mr Harrison at Cadiz, the nature of which will be best
explained by a recital of it.


"Mr Jay presents his compliments to the Count de Florida Blanca, and
has the honor of requesting his attention to the enclosed memorial.

"Mr Jay had the honor of calling at his Excellency's on Tuesday
evening last, but had the misfortune of not finding him at home. As Mr
Jay wishes to regulate his visits by his Excellency's convenience, he
begs the favor of his Excellency to inform him when it would be
agreeable that Mr Jay should wait on his Excellency, and have an
opportunity of conversing with him on the object of Mr Jay's mission."


The answer I received to the letter, which accompanied this memorial,
is as follows.


                             Translation.

"The Count de Florida Blanca will receive Mr John Jay whenever he may
please to come, in the evening at half past seven or later, in his
Secretary's office in the palace, except on Saturday evening next,
when he will be engaged."


This note was not dated, but I received it the 7th of December. On the
same day I received a letter from General Washington, dated the 22d of
October, and enclosing copies of the articles of capitulation of
Yorktown, and returns of prisoners, &c.

This letter was brought to France by the frigate, which carried there
the first intelligence of that important event, and yet it is
remarkable that it did not reach me until after these articles had
been published in the Paris and Madrid gazettes. I nevertheless
immediately sent copies to the Minister.

As to Mr Harrison's Memorial, no answer has been given it to this day.
Nor indeed have any of the representations I have hitherto made to the
Ministers relative to commercial grievances procured the least
redress. Even the hard case of the Dover cutter still remains
unfinished, notwithstanding my repeated and pressing applications on
behalf of the poor captors. It is now more than a year since the
Minister promised me that the cutter should be immediately appraised,
and the value paid to the captors, one of whom afterwards came here,
and after waiting two or three months returned to Cadiz, without
having received any other money than what I gave him to purchase his
daily bread.

As the Minister could not see me on Saturday evening, it was not till
Monday evening the 10th of December that I had an opportunity to
converse with him.

He began the conversation by observing, that I had been very
unfortunate, and had much reason to complain of delays, but that they
had been unavoidable. That M. Del Campo had been appointed near three
months ago to treat and confer with me; that shortly after the Court
removed from St Ildefonso that gentleman's health began to decline;
and that his indisposition had hitherto prevented his attending to
that or any other business, but that he hoped by the time the Court
should return from Aranjues (to which the King was then about to make
a little excursion) he would be able to proceed on it, and that he
should have the necessary instructions for the purpose.

I told the Count, that these delays had given me great concern, and
that I was very solicitous to be enabled to give Congress some
positive and explicit information, on the business alluded to. He
replied, that I must now confer on those subjects with M. Del Campo,
for that for his part his time and attention were so constantly
engaged by other matters, that he could not possibly attend to this,
especially while at Madrid, when he always enjoyed much less leisure
than at the Sitios. He then proceeded to congratulate me on our late
successes in Virginia; he assured me, that the King rejoiced sincerely
in those events, and that he himself was happy to see our affairs
assume so promising an aspect. I was about to descend to particulars,
and to remind the Count of the various memorials, &c. which still
remained to be considered and despatched, when he mentioned he was
engaged for the rest of the evening in pressing affairs. This
intimation put an end to the conference.

It is somewhat singular, that M. Del Campo should have been appointed
near three months past to treat and confer with me, and yet I should
be left all that time without any information of it. It shows, that
the King is ready to do what may depend upon him, but that his
Ministers find it convenient to interpose delays without necessity,
and without even the appearance of it.

After the King's return from Aranjues, I took an opportunity of asking
M. Del Campo when I might promise myself the pleasure of commencing
our conferences. He replied, that his health was not as yet
sufficiently re-established to permit him to do business. The fact
however was otherwise.

On the 27th of December, I again waited on him for the same purpose.
He told me it was very uncertain when our conferences could commence,
and that he must first converse with the Count on the subject. I asked
him whether he had not received his instructions. He answered, that he
had not, for that they were not as yet completed, nor indeed as he
believed as yet begun.

In this state things remained during the whole time the Court
continued at Madrid. Above a month since the date of my letter to Dr
Franklin about our bills had elapsed without an answer, nor had any
prospect of obtaining aids here opened. I therefore wrote him the
following letter.


                                         "Madrid, December 31st, 1781.

  "My Dear Sir,

"I learn from the Marquis d'Yranda, that my letter of the 21st ultimo
has reached you. The want of a good opportunity has for some time past
prevented my writing to you so particularly as I could have wished.

"Things remain here exactly in _statu quo_, except that your aid daily
becomes more necessary, and will soon be indispensable. These are
matters that require no explanation. I have received two letters,
dated the 22d and 26th of November, from Mr Adams, on the subject of
certain instructions, passed the 16th of August, which he had lately
received, and of which I was ignorant until the arrival of these
letters. I think them wise. A courier from France arrived here two
days ago; by his return I hope to write you particularly, &c.

"I am, &c.

                                                            JOHN JAY."


On the 11th of January, I wrote the following letter to the Doctor, by
the Ambassador's courier.


                                          "Madrid, January 11th, 1782.

  "Dear Sir,

"The last letter I had the pleasure of writing to you was dated the
31st ultimo, and referred to a former one of the 21st of November
last, in which I stated my difficulties on account of the bills, the
improbability of my obtaining any relief here, and consequently the
necessity I was under of recurring to your interposition to save them
from protest.

"I have not as yet been favored with your answer. I can readily
conceive, that this affair has added not a little to your
embarrassments, and therefore I lament, not complain of the delay. I
borrowed from M. Cabarrus about thirty thousand dollars. He is not
perfectly easy, and I have no prospect of borrowing more from him or
others, at least without assurances of speedy repayment, which I am
not in capacity to give. The Court indeed owes me, on their old
promise of one hundred and fifty thousand dollars, a balance of about
twentyfive thousand six hundred and fifteen dollars, but I have no
reason to rely on receiving it soon, if at all.

"I also begin severely to feel the want of my back salary. It is in
vain for me to expect it from America, and unless you can supply it,
it will be necessary for me immediately to disencumber myself of most
of my expenses, and confine myself to mere necessaries, until a change
may take place for the better. This circumstance conspires with those
of a more public nature, to make me very solicitous to know what you
can, or cannot do for me.

"As to the affairs of the negotiation, they have not advanced since
Major Franks left me. The Minister is too sick, or too busy, to attend
to American affairs. He refers me to M. Del Campo, who has been named
for the purpose, and when I apply to him, he tells me, that his
instructions are not yet completed, and that he cannot tell when they
will be.

"I am, &c.

                                                            JOHN JAY."


I must, however, do the Minister the justice to say, that for some
little time then past, and during the whole month of January, I have
good reason to believe, that he was greatly and constantly engaged in
pressing business, for on speaking several times during that period to
the Ambassador of France, about the delays I experienced, and the
propriety of pressing the Minister to pay some attention to our
affairs, he repeatedly told me, that he knew the Minister to be then
extremely hurried, and advised me not to make any application to him
for the present.

On the 26th of January, 1782, agreeably to a previous appointment, I
had a long conference with the Ambassador of France. I entered into a
detail of the various pretexts and delays, which the Minister had used
to avoid coming to any decision on our affairs, and made some remarks
on their keeping me suspended at present, between the Count's
incapacity to do business, and M. Del Campo's want of instructions.

I reminded the Ambassador that the fate of the bills drawn upon me was
a serious subject, and if protested might eventually prove injurious
to France and Spain, as well as America, and that though France had
already done much for us, yet that it still remained a question of
policy whether it would not be more expedient for her to advance about
thirty thousand pounds sterling to save these bills, than risk the
expensive evils which the loss of our credit might occasion even to
her. The Ambassador seemed to admit this, but was apprehensive that
the great and pressing demands for money caused by the great
armaments, which France was preparing to send to different parts of
the world, would render such an advance very inconvenient, if not
impracticable.

I recapitulated in the course of the conference the various ill
consequences, which might result from protesting these bills. Among
others, I hinted at the necessity I should be under of assigning to
the world in those protests, the true reasons which had occasioned
them, viz. that I had placed too great confidence in the assurances of
his Catholic Majesty. The Ambassador objected to this as highly
imprudent, and as naturally tending to embroil the two countries,
which was by all means to be avoided, even though I could make good
the assertion. I then enumerated the various assurances I had at
different times received from the Minister, adding, that whatever
might be the consequence, I should think it my duty to pay a higher
regard to the honor of the United States, than to the feelings of a
Court by whose finesse that honor had been drawn into question.

There was also another circumstance, to which I desired him to turn
his attention, viz. that as our independence had not been acknowledged
here, the holders of the bills might commence actions against me on
them; and that it was easy to foresee the embarrassments, which would
result to all parties from such a measure. The Ambassador saw this
matter in the same point of view.

It appeared to me useful to take a general view of the conduct of
Spain towards us ever since my arrival, and to observe the natural
tendency it had to encourage our enemies, impress doubts on the minds
of our friends, and abate the desire of Congress to form intimate
connexions with Spain; and that this latter consequence might become
interesting also to France, by reason of the strict alliance
subsisting between the two kingdoms.

I begged the favor of him to give me his candid advice what would be
most proper for me to do. He confessed that he was perplexed, and at a
loss what to advise me to; he hoped that the Dutch loan would enable
Dr Franklin to make the advances in question, and that though he could
not promise anything from his Court, yet that he would write and do
his best. He advised me to give the Doctor a full statement of our
affairs here; but that I had already done, by giving him the perusal
of my letters to Congress of the 3d of October, &c.

He said he had written to the Count de Vergennes about the delays and
embarrassments I had met with, and that he received for answer, "that
Spain knew her own business and interest, and that France had no right
to press her on such points."

The Ambassador advised me by all means to continue patient and
moderate, and to cherish the appearance of our being well with this
Court. I observed to him that one protested bill would dissipate all
these appearances. He said that was very true; that he saw
difficulties on every side, and that he really pitied my situation,
for that these various perplexities must keep me constantly in a kind
of purgatory. I told him if he would say mass for me in good earnest,
I should soon be relieved from it; he renewed his promise to write,
and we parted.

The next day, viz. 27th of January, I received the following letter
from Dr Franklin.


                                           "Passy, January 15th, 1782.

  "Dear Sir,

"Mr Grand tells me, that he hears from Madrid, you are uneasy at my
long silence. I have had much vexation and perplexity lately with the
affair of the goods in Holland, and I have so many urgent
correspondences to keep up, that some of them at times necessarily
suffer. I purpose writing fully to you next post. In the meantime I
send the enclosed for your meditation. The ill-timed bills, as you
justly term them, do us infinite prejudice; but we must not be
discouraged.

"I am ever, with the greatest esteem, &c.

                                                         B. FRANKLIN."


The paper abovementioned to be enclosed, is in these words.


                             Translation.

                  COUNT DE VERGENNES TO B. FRANKLIN.

                                     "Versailles, December 31st, 1781.

"Sir,

"I have received the letter you did me the honor to write me the 27th
instant. I shall not enter into an examination of the successive
variations and augmentations of your demands on me for funds to meet
your payments. I shall merely remark, that whenever you shall consider
yourself fully authorised to dispose of the proceeds of the Dutch
loan, on behalf of Congress, I will propose to M. de Fleury to supply
you with the million required, as soon as it shall have been paid into
the royal treasury. But I think it my duty, Sir, to inform you, that
if Mr Morris issues drafts on this same million, I shall not be able
to provide for the payment of them, and shall leave them to be
protested. I ought also to inform you, that there will be nothing more
supplied than the million abovementioned, and if the drafts, which you
have already accepted, exceed that sum, it must be for you to contrive
the means of meeting them. I shall make an exception only in favor of
those of Mr Morris, provided they shall not exceed the remainder of
the Dutch loan, after deducting the million, which shall be placed at
your disposal, and the expenses of the loan.

"I have the honor to be, &c.

                                                         DE VERGENNES.

"_P. S._ I remit to you herewith the letter of Mr Grand."


Although this letter of Dr Franklin does not in express terms promise
me the aid I had desired, yet the general tenor of it, together with
the grant of the million mentioned by the Count de Vergennes, led me
to suppose, that on the receipt of it he would be able to make me the
necessary advances. Under this idea I returned the following answer to
the Doctor's letter.


                                          "Madrid, January 30th, 1782.

  "My dear Sir,

"I had yesterday the satisfaction of receiving your favor of the 15th
instant. You will find by a letter, which I wrote you on the 11th
instant, that I imputed your silence to its true cause, being well
persuaded, that the same attention you have always paid to the public
affairs in general, would not be withheld from those, which call for
it in this kingdom.

"I am happy to find, that you have a prospect of terminating the
difficulties, which the bills drawn upon me have occasioned, and
though I cannot but observe, that Count de Vergennes' letter is
peculiarly explicit and precise, yet I must confess, I should not have
been surprised if it had been conceived in terms still less soft.
Would it not be well to transmit a copy of it to Congress? France has
done, and is still doing so much for us, that gratitude, as well as
policy, demands from us the utmost moderation and delicacy in our
applications for aids; and considering the very singular plan of
drawing bills at a venture, I think we have no less reason to admire
the patience, than to be satisfied with the liberality of our good and
generous allies.

"M. de Neufville had given me a hint of the embarrassments occasioned
by the affair of our goods in Holland.

"It seems as if trouble finds its way to you from every quarter. Our
credit in Holland leans upon you on the one hand, and in Spain on the
other. Thus you continue, like the key-stone of an arch, pressed by
both sides and yet sustaining each. How grateful ought we to be to
France for enabling you to do it.

"Mr Joshua Johnson, in a letter dated the 18th instant, mentions the
arrival at Nantes, of the brig Betsey from Philadelphia, that she
brought letters for me, and that the captain put them in the
post-office. None of them have as yet reached me.

"I have received too many unequivocal proofs of your kind attention,
to render a punctilious return of line for line necessary to convince
me of it. Let such ideas, therefore, be banished, and be assured that
matters of ceremony and etiquette can never affect the esteem and
affectionate regard with which I am, &c. &c.

                                                            JOHN JAY."


Not having heard anything further from M. Del Campo respecting his
instructions, I wrote him on that subject as follows.


                                          "Madrid, February 1st, 1782.

"Mr Jay presents his compliments to M. Del Campo, and requests to be
informed whether he has as yet received the instructions necessary to
enable him to execute his appointment relative to the affairs of the
United States at this Court.

"Mr Jay begs leave again to mention his being ready and anxious to
enter, with M. Del Campo, into the discussion of these affairs at any
time and place that may be agreeable to him."


On the 5th of February, I received the following answer.


                             Translation.

"M. Del Campo has the honor to address his compliments to Mr Jay, and
to transmit him several bundles of letters, which he has just
received. He regrets that he is obliged to inform Mr Jay, that the
Count, by reason of the delicate state of his health, and other
difficulties, has not yet been able to arrange the instructions under
consideration. _The Pardo, February 3d, 1782._"


The packets mentioned in the above note were the first public letters
I have had the honor of receiving from you.

I afterwards found that these despatches were brought to Cadiz from
Philadelphia by the brig Hope. How they came into M. Del Campo's hands
I am not informed. On the same day (February 5th, 1782,) I received a
letter from Dr Franklin, which almost entirely dissipated my hopes of
aid from him. The following extract from it, contains every part of
it except a few paragraphs that have no relation to our affairs here.


                                           "Passy, January 19th, 1782.

  "Dear Sir,

"In mine of the 15th, I mentioned my intention of writing fully to you
by this day's post. But understanding since, that a courier will soon
go from Versailles, I rather choose that conveyance.

"I received duly your letter of November 21st, but it found me in a
very perplexed situation. I had great payments to make for the
extravagant and very inconvenient purchase in Holland, together with
large acceptances by Mr Adams, of bills drawn on Mr Laurens and
himself, and I had no certainty of providing the money. I had also a
quarrel upon my hands with Messrs de Neufville and others, owners of
two vessels hired by Gillon to carry the goods he had contracted to
carry in his own ship. I had worried this friendly and generous Court
with often repeated after-clap demands, occasioned by these unadvised,
(as well as ill advised) and, therefore, unexpected drafts, and was
ashamed to show my face to the Minister. In these circumstances, I
knew not what answer to make you. I could not encourage you to expect
the relief desired, and, having still some secret hope, I was
unwilling to discourage you, and thereby occasion a protest of bills,
which possibly I might find means of enabling you to pay. Thus I
delayed writing perhaps too long.

"But to this moment, I have obtained no assurance of having it in my
power to aid you, though no endeavors on my part have been wanting. We
have been assisted with near twenty millions since the beginning of
last year, besides a fleet and army; and yet I am obliged to worry
them with my solicitations for more, which makes us appear insatiable.

"This letter will not go before Tuesday. Perhaps by that time I may be
able to say explicitly yes or no.

"I am very sensible of your unhappy situation, and I believe you feel
as much for me.

"You mention my proposing to repay the sum you want in America. I
tried that last year. I drew a bill on Congress for a considerable sum
to be advanced me here, and paid there in provisions for the French
troops. My bill was not honored.

"I was in hopes the loan in Holland, if it succeeded, being for ten
millions, would have made us all easy. It was long uncertain. It is
now completed. But, unfortunately, it has most of it been eaten up by
advances here. You see by the letter of which I sent you a copy, upon
what terms I obtain another million of it. That (if I get it) will
enable me to pay the thirty thousand dollars you have borrowed, for we
must not let your friend suffer. What I am to do afterwards God knows.

"I am much surprised at the dilatory and reserved conduct of your
Court. I know not to what amount you have obtained aids from it, but
if they are not considerable, it were to be wished you had never been
sent there, as the slight they have put upon our offered friendship is
very disreputable to us, and, of course, hurtful to our affairs
elsewhere. I think they are short-sighted, and do not look very far
into futurity, or they would seize with avidity so excellent an
opportunity of securing a neighbor's friendship, which may hereafter
be of great consequence to their American affairs.

"If I were in Congress I should advise your being instructed to thank
them for past favors, and take your leave. As I am situated, I do not
presume to give you such advice, nor could you take it if I should.
But I conceive there would be nothing amiss in your mentioning in a
short memoir, the length of time elapsed since the date of the secret
article, and since your arrival, to urge their determination upon it,
and pressing them to give you an explicit, definitive, immediate
answer, whether they would enter into treaty with us or not, and in
case of refusal, solicit your recall, that you may not continue from
year to year at a great expense, in a constant state of uncertainty
with regard to so important a matter. I do not see how they can
decently refuse such an answer. But their silence, after the demand
made, should in my opinion be understood as a refusal, and we should
act accordingly. I think I see a very good use that might be made of
it, which I will not venture to explain in this letter.

"I know not how the account of your salary stands, but I would have
you draw upon me for a quarter at present, which shall be paid, and it
will be a great pleasure to me if I shall be able to pay up all your
arrears.

"Mr Laurens being now at liberty perhaps may soon come here, and be
ready to join us if there should be any negotiations for peace. In
England they are mad for a separate one with us, that they may more
effectually take revenge on France and Spain. I have had several
overtures hinted to me lately from different quarters, but I am deaf.
The thing is impossible. We can never agree to desert our first and
our faithful friend on any consideration whatever. We should become
infamous by such abominable baseness.

"With great and sincere esteem, I am ever, &c.,

                                                         B. FRANKLIN."


You will easily perceive, Sir, that my situation now became very
unpleasant; largely indebted to M. Cabarrus, and without funds, as
well as almost without the hopes of speedily procuring any, either to
satisfy him or pay the swarm of bills that would be payable in the
next month.

M. Cabarrus had offered to advance, or rather to supply me with any
sum of money, that the Minister would authorise him to furnish, on the
same terms on which he procured money for the government. The answer I
received to this proposition was, that the government had occasion for
all the money that M. Cabarrus could possibly collect. He also
repeatedly offered to advance the money wanted for the month of March,
if the Minister or the Ambassador of France would become responsible
for the repayment of it, with interest, within a reasonable time,
sometimes mentioning seven months, and at others extending it to ten
or twelve. The Ambassador did not conceive himself authorised to enter
into any such engagement, and the Minister remained silent; M.
Cabarrus began to grow uneasy, and a day was appointed between us to
confer on this subject. Some intervening business, however, prevented
his attendance, and on the 10th of February he wrote me the following
letter.


                             Translation.

                                         "Madrid, February 10th, 1782.

  "Sir,

"I was summoned yesterday to the Pardo, which prevented me from paying
you my respects as I had intended. Not knowing whether I shall be able
to do it before Tuesday, I write to inform you, that it will be
necessary for me to know on what I am to depend in regard to the
reimbursement you were to make me by drafts on Paris. You are aware,
that I have actually advanced seven hundred and fifty thousand reals
vellon. Independently of this sum, on the 14th of March, which we are
now approaching, nearly thirtyfive thousand dollars of your bills will
become due. I will not conceal from you, that although this double
advance is neither beyond my means nor my disposition, yet the former
is entirely absorbed by the necessities of the government, so that I
shall be the more desirous, that you would enable me to meet these
engagements, as I shall always find a difficulty in disposing of your
paper. I speak to you frankly, since I shall always endeavor, as I
have heretofore done, to serve you in the same spirit.

"I have the honor to be, &c.

                                                            CABARRUS."


By way of answer to this letter, I instructed Mr Carmichael to inform
M. Cabarrus of the exact state I was in, with respect to my
expectations of aid both here and from France, for I did not choose to
commit a matter of this kind in writing to M. Cabarrus's discretion. I
could not give him positive assurances of being speedily repaid,
either by a credit on Dr Franklin, or by money to be obtained here,
but I submitted to his consideration the improbability, that this or
the French Court would permit these bills to be protested, and assured
him, that Dr Franklin was using his best endeavors in our favor, and
had so far succeeded as to encourage me to expect, that he would soon
be able at least to replace the sum, which M. Cabarrus had already
advanced to me.

The next day, viz. the 11th of February, I waited upon the Ambassador
of France. I represented to him in the strongest terms the critical
situation of our credit, and communicated to him the contents, both of
Dr Franklin and M. Cabarrus' letters.

I requested him to speak seriously and pressingly to the Minister on
the subject, and to remind him, that M. Cabarrus' offer was of such a
nature as to remove any objection, that could arise from the low state
of the public funds. The Ambassador was just then setting out for the
Pardo. He promised to speak to the Minister accordingly, and that his
Secretary, the Chevalier de Bourgoing, (who has been very friendly,
and given himself much trouble on this occasion) should inform me of
the result in the evening.

I received in the evening the following letter from the Chevalier de
Bourgoing, viz.


                             Translation.

  "Sir,

"The dreadful weather today prevents me from coming to inform you
orally, what M. de Montmorin has to communicate to you in pursuance of
his interview of this morning. I give you the result briefly.

"The Minister being informed of your embarrassment feels for you
sincerely, and would be glad to remedy it. He will make every effort,
but as the actual necessities of the government are pressing, he
cannot answer for his success. He assures Mr Jay, that if the
misfortune he apprehends should take place, Mr Jay may be perfectly
easy in regard to personal consequences, as the Minister will take
care that no inconvenience shall follow it.

"I have thought that these few lines would serve to calm your
apprehensions, until M. de Montmorin shall have an opportunity to give
you further information.

"I have the honor to be, &c.

                                                        DE BOURGOING."


I returned by the bearer of the above letter the following answer.


"Mr Jay presents his compliments to the Chevalier de Bourgoing. The
Minister's answer to the Ambassador is polite and cautious, and if
sincere (which time can only ascertain) will demand Mr Jay's thanks
and acknowledgments.

"The Minister is mistaken if he supposes that Mr Jay views personal
consequences as of any other importance, than as they may affect the
political interests of the two countries; and when considered in that
light, they merit a degree of attention to which mere personal
considerations could not entitle them.

"Mr Jay requests the favor of the Chevalier to present his cordial
acknowledgments to the Ambassador for his friendly interposition on
this occasion, and to assure him that Mr Jay will never cease to be
influenced by the gratitude, which every American owes to the first
friend and steadfast ally of the United States. _Madrid, February
11th, 1782._"


I also wrote this evening to Dr Franklin, and I insert the following
extracts from the letter, because they contain matters proper for you
to know.

                                         "Madrid, February 11th, 1782.

  "Dear Sir,

I have been so engaged these two days, as not to have had time to
reply fully to yours of the 19th ult.

"I flattered myself that the loan in Holland would have afforded funds
for all our bills and present demands, and am sorry to hear that this
is not the case. Could not that loan be extended to a further sum?

"The conduct of this Court bears few marks of wisdom. The fact is,
they have little money, less credit, and very moderate talents.

"My ideas correspond exactly with yours respecting the propriety of
presenting such a memoir as you propose. The Ambassador of France,
however, is decided against it, and it appears to me imprudent to
disregard his opposition.

"I have not as yet received a single letter by or from the Marquis de
Lafayette.

"I am, &c.

                                                            JOHN JAY."


On the 15th of February, the first advices of the surrender of Fort St
Philip arrived, and the Ambassador of France having been informed at
the Pardo, that M. Del Campo's instructions would be completed by the
end of the week, I thought both these circumstances rendered it proper
that I should pay the Minister a visit. I accordingly went to the
Pardo the next evening. The Minister was too much indisposed (as was
said) to see company. He sent me an apology, and a request that I
would speak to M. Del Campo, who was then in the Secretary's office. I
did so.

I found M. Del Campo surrounded by suitors. He received me with great
and unusual civility, and carried me into his private apartment. I
told him, that as he was evidently very busy, I could not think of
sitting down, and wished only to detain him a few minutes. He said,
that he was indeed much engaged, but that we might nevertheless take a
cup of chocolate together. I mentioned to him in a summary way, the
amount of the bills which remained to be paid, and the promises made
by the Minister to the Ambassador on that subject, desiring that he
would be so obliging as to give that business all the despatch in his
power. He replied, that the urgent demands of government rendered
advances of money very inconvenient. That the Minister had not
mentioned to him anything on that head, but that he would speak to him
about it. I told him, that as the greater part of these bills would be
payable in March, I was anxious to see the arrangements for paying
them speedily made. That my hopes were chiefly confined to this Court,
for that France having this year supplied us with near twenty
millions, besides a fleet and army, it would be unreasonable to ask
for more. To this he remarked, that France received from us with one
hand (in the way of commerce) what she paid out with the other,
whereas Spain was called upon for supplies without enjoying any such
advantage. I told him, if he had been more at leisure it would have
given me pleasure to have entered with him into the discussion of that
point; I nevertheless observed, that Spain was indebted to the
American war for the recovery of West Florida, and the possession of
Minorca, and that the time would come and was approaching when Spain
would derive essential benefit from our trade and independence. That
he overrated the value of our commerce to France, which at present did
not compensate for the expenses she sustained on our account.

I mentioned to him M. Cabarrus' offer in very precise terms, and told
him, I was glad to hear from the Ambassador, that his instructions
were nearly completed. He avoided saying, whether they were or not,
but answered, generally, that he hoped things would soon be settled to
the satisfaction of all parties; that it would always give him
pleasure to treat with me; that he was much my friend; that he
esteemed my private character, and many such like compliments
improper as well us unnecessary for me to commit to paper. He promised
to speak to the Minister, and to write me his answer. I desired him to
present my congratulations to the Count, and to inform him how much I
regretted the indisposition, which prevented his seeing company that
evening.

All this looked very fair, but experience had taught me that
professions were sometimes insincere. On the 18th of February, I
communicated the substance of this conference to the Ambassador of
France, requesting him to remind the Minister of his promise, and to
press the importance of his performing it. The Ambassador promised to
take every proper opportunity of doing it. On the 24th of February
your letter by the Marquis de Lafayette arrived safe.

On the 25th of February I received the following letter from M.
Cabarrus, viz.


                             Translation.

                                         "Madrid, February 25th, 1782.

  "Sir,

"I have the honor to remit you herewith three accounts, relative to
the payments made for you, viz.

"One of the 4th of October last, signed by the former house of
Cabarrus and Aguirre, for payment of which I have credited you 46,447
reals vellon. A second, signed by me the 7th of November following,
settled by 135,715-10 reals vellon, carried to your credit. A third
signed also by me, dated the 19th inst, and balanced by 667,170-17
reals vellon, which I have credited you with. In support of these
accounts, I transmit you the original vouchers, and beg you to proceed
to the verification of both, to assure me of their reception and
correctness. I flatter myself that you will take measures for my
speedy reimbursement, and I ask with the more urgency, as I have a
pressing necessity for this sum, on the payment of which I have
relied. I have the honor to be, &c.

                                                            CABARRUS."


This letter needs no comments; it breathes the fears and precautions
of a creditor, striving to make the most of a failing debtor, and
therefore I considered this letter as inauspicious. I returned a
verbal answer, that an examination of these accounts must precede a
settlement of them, and that as to a speedy payment of the balance due
to him, he knew my exact situation.

A day or two before the date of this letter, M. Cabarrus had a
conference with the Minister on these subjects, and according to M.
Cabarrus' representations, the Minister then declared, that he would
pay the balance due on the one hundred and fifty thousand dollars, and
no more; that the King was dissatisfied at America's having made no
returns to his good offices, either in ships or flour, &c. &c.; that
he had mentioned to me a year ago his desire of having the men-of-war
building in New England, but had not yet received an answer, &c.

It appeared to me very extraordinary, that the Minister should promise
the Ambassador to do his best, and yet tell M. Cabarrus that he would
do nothing, and yet so I believe were the facts.

The next morning, viz. 26th of February, I paid the Ambassador an
early visit, and mentioned these circumstances to him minutely. I
expressed my apprehensions, that the pretended discontents of the King
belonged to the same system of delays and pretexts, with which we had
been so long amused; and which in this instance were probably
dictated by a desire of avoiding inconvenient advances.

I reminded him, that Dr Franklin had given me expectations of his
being able to replace the money I had borrowed of M. Cabarrus, and
that this sum, added to the balance to be paid by the Court, would
reduce the remainder of the money wanted to less than twenty thousand
pounds sterling; and that it would appear a little surprising in the
eyes of Europe as well as America, that our credit should be permitted
either by France or Spain to suffer essential injury for the want of
such a sum. I requested him to advise me what to do. He said that he
knew not what advice to give me; that he saw no resources anywhere;
that he should dismiss a courier on Saturday next, and that he would
again write to the Count de Vergennes on the subject. I observed to
him, that the answer if favorable would probably come too late, as a
great number of the bills would become payable about the 14th of
March. He replied, that if the Court should resolve to supply the
money, he should soon be informed of it.

We had some conversation about the Marquis de Lafayette. The
Ambassador spoke well of him, and as a proof of the confidence of
Congress in the attachment of that nobleman, I mentioned my having
received orders to correspond with him.

I then drew the conversation to our affairs in Holland, and the
prospects of an alliance with the Dutch. He said those prospects were
less fair than ever; for that though Mr Wentworth had been sent there
by England on pretence of settling a cartel, yet that his real
business was to negotiate a separate peace. I observed that in my
opinion England would be the first nation to acknowledge our
independence, (for there are many reasons that induce me to think that
France does not in fact wish to see us treated as independent by other
nations until after a peace, lest we should become less manageable in
proportion as our dependence upon her shall diminish.) I threw out
this opinion to see how it would strike him. He made a short pause,
and then asked me if I had heard that Lord Germain had resigned? I
told him I had, and as he chose to wave the subject I did not resume
it, lest he should from my pressing it suspect that I meant more than
a casual remark. The conversation then turned upon our affairs here. I
remarked, that the friends of Spain in America must greatly diminish,
that the manner we were treated by this Court was far from
conciliatory, and that it would perhaps have been better as things
have turned out, if America had not sent a Minister here. He gave into
this opinion, but added, we must be contented here now during the war;
that Spain was necessary; that she was to be treated like a mistress.
He also said, that if I had been landed in France instead of Spain, I
should not probably have come to Madrid so soon as I did, and was
going to explain himself, when the entry of his servants with
breakfast interrupted us.

Having made it a rule to give Dr Franklin frequent and minute
information of my situation, I wrote him the following letter by the
Ambassador's courier.


                                             "Madrid, March 1st, 1782.

  "My dear Sir,

"I have lately received a very friendly letter from the Marquis de
Lafayette, covering some despatches from Mr Livingston. I find that
the objects of his voyage are interesting to us, and that it is the
desire of Congress, that we should correspond with him. My answer to
his letter is herewith enclosed. Peruse and dispose of it.

"I have given him a summary account of my situation here; he will
doubtless be willing and perhaps able to afford you assistance
relative to the difficulties it imposes upon you.

"The Minister has ordered the balance due (about twentysix thousand
dollars,) on the one hundred and fifty thousand dollars, to be paid to
M. Cabarrus on my account, and has through him informed me that no
more is to be expected.

"M. Cabarrus is exceedingly anxious about the money we owe him, and
which the twentysix thousand dollars he is to receive will not pay.

"He declines making further advances. The Ambassador of France can
afford me no resources. M. Cabarrus is ready to supply what we may
want, on the promise of either France or Spain to repay him in ten or
twelve months.

"The Ambassador will write (by a courier to France, who sets out
tomorrow) on these subjects to the Court. All that remains in my power
is to endeavor to keep the public creditors quiet until his or your
final answer shall arrive. That this Court should permit our credit to
be ruined for the want of about twentyfive thousand pounds sterling,
does not greatly surprise me; but I should be astonished if the
Minister of France should act the same part, for I have a high opinion
of his wisdom.

"I am, &c.

                                                            JOHN JAY."


I forbear inserting my letter to the Marquis, because this and my
former letters render it unnecessary. I solicited his immediate
attention to the state of our bills, &c.

As there could be no doubt, but that the Minister mentioned to M.
Cabarrus the King's discontents, by way of apology for not granting
further supplies, and with design that they should be represented to
me in that light, I thought it prudent to write to the Minister on the
subject, although in other circumstances it might have been more
proper for me to have omitted taking notice of such an indirect
communication. I wrote him as follows.


                                              "Madrid, March 2d, 1782.

  "Sir,

"M. Gardoqui informed me yesterday, that he had received an order to
pay to M. Cabarrus on my account twentysix thousand dollars, being
somewhat more than the balance due on the one hundred and fifty
thousand dollars, and for which be pleased to accept my thanks and
acknowledgments.

"As the residue of the bills drawn upon me by Congress does not amount
to a great sum, and as M. Cabarrus had generously offered to furnish
it, provided your Excellency would give him assurances of its being
repaid in ten or twelve months, I had flattered myself, that his
Majesty's friendship for my country would have induced him, by this
further proof of his goodness, to save the necessity I shall otherwise
be under to protest them, and thereby ruin the credit of Congress at
so critical a period.

"It is with great pain I hear his Majesty is displeased with the
silence of Congress respecting returns, on their part, to the
friendship of Spain, and particularly in not having offered to comply
with the propositions made by your Excellency, relative to the ships
building in New England, &c. &c.

"Permit me to observe to your Excellency, that the long and constant
expectation of M. Gardoqui's arrival in America, with full powers on
these subjects, naturally induced Congress to postpone coming to any
resolution on them, until they should have the pleasure of seeing him.
They were well apprised of my ignorance respecting such matters, and,
therefore, could not with any propriety refer to my discretion the
entering into engagements on subjects, with which I was wholly
unacquainted. I am authorised to assure your Excellency of the
readiness of Congress to make every return in their power to the
kindness of his Majesty, and there is reason to hope, that by the end
of the next campaign, their abilities may be more proportionate to
their wishes than they have hitherto been.

"Your Excellency will also be pleased to recollect, that the
propositions of Congress respecting the Mississippi evince a strong
desire to oblige his Majesty, and that reason has been given me to
hope, that their compliance in that instance would be followed by new
proofs of his Majesty's good disposition towards us.

"I must candidly confess to your Excellency, that I now find myself
entirely without resources.

"The Ambassador of France can afford me no assistance, and my only
remaining hope arises from that reliance on his Majesty's friendship
and magnanimity, which your Excellency has so often encouraged me to
entertain and confide in.

"I have the honor to be, &c. &c.

                                                            JOHN JAY."


This letter, if I may use the expression, might have been higher
mounted, and the strange conduct of this Court would have justified my
writing in a different style, but I feared that offence might have
been taken, though, perhaps, for no other purpose than to cover a
refusal to aid us with a plausible pretext.

Although I had little confidence in M. Del Campo's late professions of
friendship, yet, as the present occasion afforded an opportunity of
trying their sincerity, and as men ill-disposed towards us are
sometimes pushed into acts of friendship, merely by an opinion of
their being thought friendly, I enclosed the above letter in the
following note to him.


                                              "Madrid, March 2d, 1782.

"Mr Jay presents his compliments to M. Del Campo, and takes the
liberty of enclosing a letter to his Excellency, the Count de Florida
Blanca, which he requests the favor of him to deliver.

"M. Del Campo may not, perhaps, in future have an opportunity of
rendering a more welcome and interesting proof of his friendship for
America than at present; and Mr Jay will esteem his country and
himself greatly obliged by M. Del Campo's friendly attention and
interposition on this occasion."


A week elapsed without my receiving any answer either from the
Minister or M. Del Campo. The time when our bills would be due was
drawing very nigh. My expectations of aid from France were at best
uncertain, and every consideration urged me not to leave anything in
my power undone here, to avoid the catastrophe I had so much reason to
apprehend. I therefore concluded to wait on the Minister, and in a
plain and pointed manner enter into a detail of the reasons given us
to expect supplies from this Court, and the impolicy of withholding
them.

For this purpose I went to the Pardo on the 9th of March.

The Minister received me with great cordiality; he was in uncommon
good spirits. He entered largely into the nature of his indisposition;
the effect of the weather upon his nerves, and how much he found
himself the better for the last three fine days; and after we had
conversed awhile about the conquest of Minorca, and the importance of
it, he said he supposed that I wished also to speak to him on the
subject of our affairs.

I told him that was really the case, for that the bills, which
remained to be paid, and the want of funds for the purpose, gave me
great uneasiness. He interrupted me by remarking, that he had ordered
the balance due on the one hundred and fifty thousand dollars to be
paid. That the public exigencies had even rendered this payment
inconvenient, but that he was an honest man, a man of his word, and,
therefore, as he had promised me that sum, he was determined that I
should not be disappointed. That as to further aids he could promise
nothing _positively_, that he would _do his best_, and shrugging his
shoulders, intimated that he was not Minister of Finance.

I observed, that the sum now wanted was not very considerable, and
that M. Cabarrus' offer rendered the advancing of it very easy. He was
in a very good humor; and after a few hesitations, he told me
cheerfully and smilingly, that when I found myself very hard pressed,
I should desire M. Cabarrus to wait upon him.

This I considered as an implied consent to comply with M. Cabarrus'
offer, in case such a step should become absolutely necessary to save
our bills; and I imagined he chose to delay it as long as possible, in
hopes that the French Ambassador might in the meantime interpose his
credit, as he had before done on a similar occasion. I was content
that the matter should rest there, and would not hazard losing what I
thought I had gained by requiring more at present.

I thanked him for this mark of favor, and then turned the conversation
to Major Franks' arrival, and my anxiety to communicate some certain
intelligence to Congress relative to the proposed treaty, and what
they might expect on that head.

The Count went into a detail of excuses for the delays which had
ensued since our leaving St Ildefonso. His indisposition and that of
M. Del Campo, his forgetting to give M. Del Campo the papers, and M.
Del Campo's neglecting to ask for them, were the chief topics from
which these excuses were drawn. He said the Ambassador of France had
talked to him about the matter eight days ago; and he promised me that
the conferences should begin at Aranjues, to which place the Court
would soon remove. He authorised me to communicate this to Congress,
adding, that pressing business obliged him to postpone it till then,
though I might now begin to speak on the subject to M. Del Campo if I
pleased.

I remarked, that I had so often disappointed Congress by giving them
reason soon to expect M. Gardoqui, that I wished to be enabled to give
them accurate information on that point. He replied, that a variety of
particular circumstances had intervened to prevent his departure, but
that he _certainly_ should go unless he made personal objections to
it, and that _I might tell Congress so_.

I rose to take my leave. _He repeated what he had before said
respecting my sending M. Cabarrus to him_, and assured me of his
disposition to do what he could for us. I again thanked him, and we
parted in great good humor.

It is remarkable, that during the course of this conference, which was
free and diffusive, the Minister did not mention a syllable of the
King's discontents, nor hint the least dissatisfaction at the conduct
of Congress towards this Court. I cautiously avoided making any harsh
strictures on the delays I constantly met with, and though the
Minister's excuses for them were frivolous and merely ostensible, yet
it could have answered no good purpose to have declared that opinion
of them, especially at so delicate a period of our affairs.

As many bills to a considerable amount would be payable on the 14th of
March, I thought it high time that the Minister should declare his
intentions at least a day or two before, and therefore I desired M.
Cabarrus to wait upon the Minister, and confer with him on the
subject. M. Cabarrus accordingly went to the Pardo on the evening of
the 11th of March. He saw the Minister, and mentioned the purpose of
his visit. The Minister said, I must have misunderstood him; that it
was not until the last extremity that I was to send him, and he
desired M. Cabarrus to inform him when that should arrive. M. Cabarrus
repeated to me his former offers, and assured me that nothing on his
part should be wanting.

The Madrid Gazette of the 12th of March contained a paragraph, of
which you ought not to be ignorant. I shall therefore copy it
_verbatim_, and add a translation as literal as I can make it.

"By a letter from the Commandant General of the army of operations at
the Havanna, and Governor of Louisiana, his Majesty has advices, that
a detachment of sixtyfive militia men and sixty Indians of the
nations Otaguos, Sotu, and Putuami, under the command of Don Eugenio
Purre, a captain of militia, accompanied by Don Carlos Tayon, a
sub-lieutenant of militia, by Don Luis Chevalier, a man well versed in
the language of the Indians, and by their great chiefs Eleturno and
Naquigen, who marched the 2d of January, 1781, from the town of St
Luis of the Illinois, had possessed themselves of the Post of St
Joseph, which the English occupied at two hundred and twenty leagues
distance from that of the abovementioned St Luis, having suffered in
so extensive a march, and so rigorous a season, the greatest
inconveniences from cold and hunger, exposed to continual risks from
the country being possessed by savage nations, and having to pass over
parts covered with snow, and each one being obliged to carry
provisions for his own subsistence, and various merchandises, which
were necessary to content, in case of need, the barbarous nations
through whom they were obliged to cross. The commander, by seasonable
negotiations and precautions, prevented a considerable body of
Indians, who were at the devotion of the English, from opposing this
expedition; for it would otherwise have been difficult to have
accomplished the taking of the said post. They made prisoners of the
few English they found in it, the others having perhaps retired in
consequence of some prior notice. Don Eugenio Purre took possession in
the name of the King of that place and its dependencies, and of the
river of the Illinois; in consequence whereof the standard of his
Majesty was there displayed during the whole time. He took the English
one, and delivered it on his arrival at St Luis to Don Francisco
Cruyat, the commandant of that post.

"The destruction of the magazine of provisions and goods, which the
English had there (the greater part of which was divided among our
Indians and those who lived at St Joseph, as had been offered them in
case they did not oppose our troops) was not the only advantage
resulting from the success of this expedition, for thereby it became
impossible for the English to execute their plan of attacking the fort
of St Luis of the Illinois; and it also served to intimidate these
savage nations, and oblige them to promise to remain neuter, which
they do at present."

When you consider the ostensible object of this expedition, the
distance of it, the formalities with which the place, the country, and
the river were taken possession of in the name of his Catholic
Majesty, I am persuaded it will not be necessary for me to swell this
letter with remarks, that would occur to a reader of far less
penetration than yourself.

I will therefore return to our bills.

The 14th of March arrived, the bills then due were presented, and I
prevailed upon the holders of them to wait till the next day at noon
for my answer. As the last extremity in the most literal sense had now
arrived, I presumed that the Minister would not think me too hasty in
requesting his determination. I wrote him the following letter, and
sent it by the post, which passes every evening between Madrid and the
Court.


                                            "Madrid, March 14th, 1782.

  "Sir,

"Bills to a considerable amount have been presented to me this
afternoon for payment. The holders of them consent to wait until
tomorrow noon for my positive and final answer.

"Your Excellency is too well apprised of everything that can be said
on this subject, to render it necessary for me to multiply
observations upon it.

"I have no reason to expect aid from France, and I request the favor
of your Excellency to inform me explicitly whether I may flatter
myself with any, and what relief from the friendly interposition of
his Majesty.

"I have the honor to be, &c.

                                                            JOHN JAY."


I thought it advisable to send a copy of the above letter to the
Ambassador of France with the following note.


"Mr Jay presents his compliments to his Excellency, the Ambassador of
France, and has the honor of transmitting herewith enclosed a copy of
a letter he has written this evening to the Count de Florida Blanca.

"The Ambassador will perceive from this letter in what a critical
situation Mr Jay finds himself. He requests the favor of the
Ambassador's advice, and will do himself the honor of waiting upon him
in the morning to receive it.

"_Madrid, Thursday Evening, March 14th, 1782._"


On this day, being Thursday, on which day in every week M. Cabarrus
had for some time past kept an open table, M. Del Campo was
unexpectedly one of the guests, having visited M. Cabarrus but once
before on those days. Mr Carmichael was present. Some earnest and
private conversation passed between M. Del Campo and M. Cabarrus. In
the afternoon Mr Carmichael, by my desire, pressed M. Cabarrus to
write to the Minister, that on the morrow our bills must be either
paid or protested. M. Cabarrus replied, that he had already given
that information to M. Del Campo, and that he would not risk that
gentleman's displeasure by repeating it to the Minister, for it would
look as if he doubted M. Del Campo's attention to it. Mr Carmichael
informed me at the same time, that M. Cabarrus' manner appeared
changed and somewhat embarrassed.

On the morning of the 15th of March, I waited on the Ambassador. He
promised to speak to the Minister that morning to obtain his final
answer, and if possible to render it favorable. On his return from the
Pardo, he wrote me the following letter.


                             Translation.

                                                    "March 15th, 1782.

  "Sir,

"I have just come from the Pardo. The Count de Florida Blanca had not
received your letter of yesterday, but I supplied the deficiency by
explaining to him your critical and difficult situation. He told me
that you might accept the drafts to the amount of fifty thousand
dollars, provided M. Cabarrus remains in the same disposition he has
displayed hitherto, relative to the time he would wait for the
reimbursement of the sums he has advanced, for this purpose. You can,
therefore, make an arrangement with M. Cabarrus for the acceptance of
the bills to the amount of forty or fifty thousand dollars, and show
him this note as his security.

"I hope that this sum will relieve you from your present
embarrassment, and give you time to adopt measures for meeting the
bills, which shall hereafter become due.

"Although this information is not so fully satisfactory as I could
wish, I take pleasure in communicating it to you, with assurances of
my sincere and inviolable attachment.

                                              THE COUNT DE MONTMORIN."


You will doubtless think with me it was very extraordinary, that the
Minister should not have received my letter sent him yesterday by the
Court courier. Why and by whose means it was kept back can only be
conjectured. Had not the Ambassador's application supplied the want of
it, a pretext for the Minister's silence would thence have arisen. The
letter did not in fact miscarry, for the Minister afterwards received
it. The Minister's caution in making his becoming engaged for the
advances in question to depend on M. Cabarrus' persisting in the same
dispositions he had lately declared, relative to the time he would be
content to wait for a reimbursement, is somewhat singular, considering
that his offers on that head had been repeatedly and explicitly
communicated to the Minister, and to the Ambassador of France, both by
him and by me. Immediately on receiving the Ambassador's letter, I
gave it to Mr Carmichael with instructions to show it to M. Cabarrus,
and bring me back his answer without delay, for I was then expecting
the notary and others with bills.

Mr Carmichael returned and informed me, that he had communicated the
letter to M. Cabarrus, and that instead of abiding by his former
offer, to be content with the Minister's engaging to see him repaid in
ten or twelve months, he insisted on being repaid in four months, in
four equal monthly payments, and those payments secured by orders on
the rents of the general post-office; and that M. Cabarrus promised
either to write or speak to the Minister about it.

A new application to the Minister became necessary, and consequently
further time and indulgence from the holders of the bills was to be
solicited.

I told the notary, that I was in treaty with M. Cabarrus for the
supplies I wanted, and that one or two articles remained to be
adjusted, which could not be done till the next day.

I therefore requested him to suspend the protest for twentyfour hours
more, and to apply to the holders of the bills for permission, adding
that near twenty of them belonged to M. Cabarrus, and that from the
friendly conduct of several of the others I had reason to flatter
myself, that they would readily consent. He seemed surprised at what I
said respecting my expectations from M. Cabarrus, and with a degree of
indignation told me, that M. Cabarrus was more pressing than any of
the others, and had already sent him two messages to conclude the
matter with me without delay, that he had received one of the messages
the day before, and the other that morning. He nevertheless cheerfully
undertook to obtain permission from the holders of the bills to wait
till the next afternoon, and succeeded in it.

The next morning, viz. the 16th of March, I waited upon the
Ambassador. I mentioned to him these several facts, and told him, that
my hopes from M. Cabarrus were at an end, for that exclusive of other
circumstances it was not probable that, considering his lucrative
connexions with government, he would risk treating the promise of the
Minister, made in consequence of his own offer, with so little
respect, as to demand such formal and unusual securities for the
performance of it, unless there had been some previous concert, or
indirect management in the case. The Ambassador declined assenting to
this opinion. He promised to see the Minister, with whom he was that
day to dine, and to send me his positive and final answer by four
o'clock in the afternoon.

Having prepared the draft of a protest, I thought it would not be
amiss to show it to the Ambassador. He returned it to me without
making any other remark, than that it was rather pointed.

From the Ambassador's I went to M. Cabarrus'; he had not been at the
Pardo, and was then at a meeting of merchants, to whose consideration
his plan of a bank had been referred.

The Ambassador went to the Pardo and mentioned the matter to the
Minister, who replied briefly, "that affair is already arranged with
M. Cabarrus," but the Chevalier de Bourgoing, having been desired to
bring back a decided answer, applied to M. Del Campo on the subject,
who told him, "that they could not possibly comply with M. Cabarrus'
terms; that he had written so that morning to M. Cabarrus by a private
courier, and that in the evening the Minister would repeat it to him
officially." On the Chevalier's mentioning this to the Ambassador, he
was clearly of opinion that I had not any resource left, and,
therefore, that the bills must be protested, and that the Chevalier
should tell me so. I showed the protest, as translated into Spanish by
M. Gardoqui, to the Chevalier. The original in English is as follows.


"Mr Jay says, that when he accepted the bills hereunto annexed, he had
good reason to expect to be supplied with the funds necessary to pay
them. That he has been disappointed in the expectations he was
encouraged to entertain on this subject, and that his endeavors to
obtain moneys for the purpose both here and elsewhere have been
unsuccessful, although the bills which remain to be paid by him,
together with all his other engagements, do not exceed twentyfive
thousand pounds sterling. That these disappointments being unexpected,
he cannot, for want of time, have recourse to Congress, and,
therefore, finds himself reduced to the mortifying necessity of
permitting them to be protested."


The Chevalier approved of the protest, but the notary on reading it
observed, that the sum was really so trifling, that he thought it
would do better to strike it out. The Chevalier was struck with this
remark, and advised me with some earnestness to make no mention of the
sum, for, said he, "it will appear very extraordinary, that you should
be obliged to protest the bills of Congress for the want of such a
sum, and people will naturally turn their eyes towards France, and ask
how it happened that your good allies did not assist you; it will look
as if we had deserted you."

I replied, that since the bills must be protested, I was content that
my true situation should be known. I admitted his inferences to be
just, and naturally flowing from the facts, adding, that as France
knew my situation and had withheld relief, she had so far deserted us;
but that I was, nevertheless, mindful of the many proofs we had
received of her friendship, and should not cease to be grateful for
the ninetynine acts of friendship she had done us, merely because she
had refused to do the hundredth.

In short, I directed the notary to recite this protest _verbatim_.

This protest was drawn at my leisure, and with much consideration. It
operated as I expected, and I am persuaded you will see the reason of
each sentence in it without the aid of my comments. I will only
remark, that I was at first induced to insert, and afterwards to
refuse striking out the sum, lest from leaving it uncertain, the
public might have had room to conjecture, or individuals to insinuate,
that I had imprudently run into such rash and expensive engagements,
as to render it improper for Spain or France to afford me the
necessary supplies.

Nor did it appear to me that both of them should have reason to be
ashamed of permitting our credit to be impeached and injured for such
an unimportant sum. Both Courts were blamed, and we not only
acquitted, but pitied by the public.

I ought to inform you, that the sum which I really wanted did not
amount to twentyfive thousand pounds, but as some straggling bills
frequently made their appearance, and it could not be foreseen how
much those which might still be behind would amount to, I thought it
advisable to make a considerable allowance on that score; for in case
I should have asked for less than might afterwards have proved
indispensable, I should, doubtless, have been put to great
difficulties in obtaining a supply for the deficiency.

In justice to the bankers who held the protested bills, I must say
that they in general appeared disposed to show me every reasonable
indulgence. The house of Joyes and Sons, though considered as
anti-American, were particularly civil. They offered to take such of
the bills as had been remitted to them on themselves, provided I would
only pass my word for the payment of them within a few weeks; but as I
had no assurance of funds, I could not risk it. Besides, unless all
the bills due could have been suspended on the like terms, it could
have answered no purpose, because the difference of protesting a few
bills more or less was unimportant. The conduct of Don Ignacias
Salaia, the notary, was so particularly and singularly generous, that
I cannot forbear mentioning it. Though without expectations, and
uninfluenced by promises from me, he behaved as if the case had been
his own, and proved the sincerity of his professions by doing
everything in his power to serve me. On perceiving how much he was
engaged in my favor, I did not choose to lessen the appearance of its
being disinterested by promises of rewards. But after the bills were
protested, and he could be of no further use, I sent him a gold piece
of sixteen dollars, as an acknowledgment for the trouble I had given
him. He returned it with an assurance, that he wished to serve me from
other motives, and the next day waited upon me to thank me for that
mark of attention, and again to assure me that his best services were
always at my command.

When the bills were protested, and M. Cabarrus' conduct mentioned in
his presence, the poor fellow literally shed tears. I was much
affected by the warmth and generosity of this man's heart, and should
not have readily pardoned myself, had I neglected to bear this
testimony to the goodness of it.

During the whole time that this matter was in agitation, that is from
the 11th to the 16th of March, and for sometime afterwards, M.
Cabarrus did not come near me.

On the 18th I wrote a letter to Dr Franklin informing him of the
protest, and reciting the reasons assigned for it. I also hinted the
propriety of taking up the bills at Paris, if possible.

The national pride of the Ambassador of France was hurt by this event;
I am sure he regretted it as disreputable and impolitic. I remarked to
him, that most of our cross accidents had proved useful to us, and
that this might save us the Mississippi. For I thought it more prudent
to appear a little incensed than dispirited on the occasion. I suspect
that there has been an interesting conversation between the two Courts
about us. He told me this winter, that he believed Spain wished to
modify our independence, and to keep herself in a situation to mediate
between us and England at the general peace. He did not explain
himself further. As great successes on our part must operate against
such designs, the Spanish Minister can neither rejoice in, nor be
disposed to promote them; and this may help both to account for the
little impression made by the capitulation of York, and for their
conduct as to our bills and propositions, &c. I am sure that they fear
us too, and the more, perhaps, as they have misbehaved towards us.

Not many days elapsed before a special courier from Paris brought
advices to this Court, that the British Parliament had resolved to
advise the King to cease all offensive operations against us, &c.
This, and the subsequent debates and resolutions of Parliament
relative to the American war, made a deeper impression here in our
favor than any event which has happened since my arrival. New ideas
seemed to pervade the whole Court and people, and much consultation as
well as surprise was occasioned by it.

On the 26th of March I received the following letter from Dr Franklin,
from the hands of M. Cabarrus, to whom I behaved, on that occasion,
with reserved and cold politeness.


                                             "Passy, March 16th, 1782.

  "Dear Sir,

"I have received your several favors of January 30th, February 11th
and March 1st, and propose to write fully to you by the next post. In
the meantime this line may serve to acquaint you, that I paid duly all
your former bills drawn in favor of M. Cabarrus, and that having
obtained a promise of six millions for this year, to be paid me
quarterly, I now see that I shall be able to pay your drafts for
discharging the sums you may be obliged to borrow for paying those
upon you, in which however I wish you to give me as much time as you
can, dividing them so that they may not come upon me at once. Interest
should be allowed your friends who advance for you. Please to send me
a complete list of all the bills you have accepted, their numbers and
dates, marking which are paid, and what are still to pay.

"I congratulate you upon the change of sentiments in the British
nation. It has been intimated to me from thence, that they are willing
to make a separate peace with us exclusive of France, Spain, and
Holland, which so far as relates to France is impossible; and I
believe they will be content that we leave them the other two; but
Holland is stepping towards us, and I am not without hopes of a second
loan there. And since Spain does not think our friendship worth
cultivating, I wish you would inform me of the whole sum we owe her,
that we may think of some means of paying it off speedily.

"With sincerest regard, I am, &c. &c.

                                                          B. FRANKLIN.

"_P. S._ The Marquis de Lafayette has your letter."


I answered this letter as follows, by a French courier.


                                            "Madrid, March 19th, 1782.

  "Dear Sir,

"On the 18th instant I informed you of my having been reduced, by M.
Cabarrus' want of good faith, to the mortifying necessity of
protesting a number of bills, which were then payable.

"Your favor of the 16th instant reached me three days ago. It made me
very happy, and enabled me to retrieve the credit we had lost here by
those protests. I consider your letter as giving me sufficient
authority to take the necessary arrangements with the Marquis d'Yranda
for paying the residue of my debts here, as well as such of the
protested bills as may be returned for that purpose.

"The account you request of all the bills I have accepted is making
out, and when finished shall be transmitted by the first good
opportunity that may offer. You may rely on my best endeavors to
render my drafts as little inconvenient to you as possible.

"The British Parliament, it seems, begin to entertain less erroneous
ideas of us, and their resolutions afford a useful hint to the other
powers in Europe. If the Dutch are wise, they will profit by it. As to
this Court, their system (if their conduct deserves that appellation)
with respect to us has been so opposite to the obvious dictates of
sound policy, that it is hard to divine whether anything but
experience can undeceive them. For my part, I really think that a
treaty with them daily becomes less important to us.

"That Britain should be desirous of a separate peace with us is very
natural, but as such a proposal implies an impeachment of our
integrity, I think it ought to be rejected in such a manner as to show
that we are not ignorant of the respect due to our feelings on that
head. As long as France continues faithful to us, I am clear that we
ought to continue hand in hand to prosecute the war until all their,
as well as all our, reasonable objects can be obtained by a peace, for
I would rather see America ruined than dishonored. As to Spain and
Holland, we have as yet no engagements with them, and therefore are
not obliged to consult either their interest or their inclinations,
further than may be convenient to ourselves, or than the respect due
to our good allies may render proper.

"France, in granting you six millions, has acted with dignity as well
as generosity. Such gifts, so given, command both gratitude and
esteem, and I think our country possesses sufficient magnanimity to
receive and remember such marks of friendship with a proper degree of
sensibility. I am pleased with your idea of paying whatever we owe to
Spain. Their pride, perhaps, might forbid them to receive the money.
But our pride has been so hurt by the littleness of their conduct,
that I would in that case be for leaving it at the gate of the palace,
and quit the country. At present such a step would not be expedient,
though the time will come when prudence, instead of restraining, will
urge us to hold no other language or conduct to this Court than that
of a just, a free, and a brave people, who have nothing to fear from,
nor to request of them.

"I am, &c. &c.

                                                            JOHN JAY."


On receiving Dr Franklin's letter I sent for my good friend the
notary, and desired him to ma

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