Majesty, and the citizens of these United States, founded on
the principles of equality, reciprocity, and friendship, may
be of mutual advantage to both nations, and it being the
sincere desire of the United States to enter into a treaty of
alliance and of amity and commerce with his Catholic Majesty,
know ye, therefore, that we, confiding in the integrity,
prudence, and ability of the Honorable John Jay, late
President of Congress, and Chief Justice of the State of New
York, have nominated and constituted, and by these presents
do nominate and constitute him, the said John Jay, our
Minister Plenipotentiary; giving him full power general and
special to act in that quality, to confer, treat, agree, and
conclude, with the Ambassador or Plenipotentiary of his
Catholic Majesty vested with equal powers, of and concerning
a treaty of amity and commerce, and of alliance, and whatever
shall be so agreed and concluded for us and in our names, to
sign, and thereupon make such treaty or treaties, conventions
and agreements, as he shall judge conformable to the ends we
have in view, in as ample form, and with the same effect, as
if we were personally present and acted therein, hereby
promising in good faith, that we will accept, ratify, fulfil,
and execute whatever shall be agreed, concluded, and signed
by our said Minister Plenipotentiary, and that we will never
act, nor suffer any person to act, contrary to the same in
the whole, or in any part.
'In witness whereof, we have caused these presents to be
given in Congress, at Philadelphia, the 29th day of
September, in the year of our Lord one thousand seven hundred
and seventynine, and the fourth year of the independence of
the United States of America.
'Signed by the President, and sealed with his seal.
'SAMUEL HUNTINGTON, _President_.
'Attest, CHARLES THOMSON, _Secretary_.'
'The United States of America, in Congress assembled. To the
Honorable William Carmichael, a delegate in Congress from the
State of Maryland. Greeting.
'We, reposing especial trust and confidence in your
patriotism, ability, conduct, and fidelity, do, by these
presents, constitute and appoint you, during our pleasure,
Secretary to our Minister Plenipotentiary, appointed to
negotiate a treaty of amity and commerce, and of alliance
with his Catholic Majesty. You are, therefore, carefully and
diligently to discharge the duty of Secretary, by doing and
performing all things thereunto belonging, and, in case of
the death of our said Minister, you are to signify it to us
by the earliest opportunity, and on such event, we authorise
and direct you to take into your charge all our public
affairs, which were in the hands of said Minister at the time
of his death, or which may be addressed to him before notice
thereof, and proceed therein, according to the instructions
to our said Minister given, until our further orders.
'Witness, his Excellency, Samuel Huntington, President of the
Congress of the United States of America, at Philadelphia,
the 29th day of September, in the year of our Lord, 1779, and
in the fourth year of our independence.
'SAMUEL HUNTINGTON, _President_.
'Attest, CHARLES THOMSON, _Secretary_.'
"The inquiries in question are numerous and important. They
do honor to the sagacity which suggested them, and, if fully
answered, would produce a very interesting history of the
present condition of the American States. On some of the
subjects proposed, I can give your Excellency full and
positive intelligence; on others, only general and by no
means precise information. On all, however, I shall write
with candor.
"Such is the nature of the American governments and
confederacy, that the Congress, and all other rulers of the
people, are responsible to them for their conduct, and cannot
withhold from their constituents a knowledge of their true
situation, without subjecting themselves to all the evils,
which they experience, who substitute cunning in the place of
wisdom. Hence it is, that a knowledge of their affairs is
easily attainable by all who will be at the trouble of
collecting it, and as it is neither the policy nor
inclination of America to draw a veil over any part of their
affairs, your Excellency may be persuaded, that every
consideration forbids their servants, by a suppression, or
misrepresentation of facts, to deceive or mislead those whose
amity they so sincerely endeavor to cultivate, as they do
that of Spain.
I. THE CIVIL STATE OF NORTH AMERICA.
"Your Excellency has with great propriety arranged the
subjects of your inquiry under two heads; the _Civil_ and
_Military_ States of North America. The first of these is
again branched into several subdivisions, at the head of
which, is the
_Population of each State._
"The exact number of inhabitants in the United States has
not, I believe, been ascertained by an actual census in more
than two or three of them. The only computation made by
Congress was on the 29th of July, 1775; the manner and
occasion of which exclude every suspicion of its exceeding
the true number. Congress had emitted bills of credit to a
very considerable amount, and were apprised of the necessity
of emitting more. Justice demanded that this debt should be
apportioned among the States according to their respective
abilities; an equitable rule whereby to determine that
ability became indispensable. After much consideration,
Congress resolved, 'that the proportion, or quota of each
Colony, should be determined according to the number of the
inhabitants of all ages (including negroes and mulattoes) in
each Colony,' but as that could not _then_ be ascertained
_exactly_, they were obliged to judge of, and compute the
number from circumstantial evidence. The delegates gave to
Congress an account of the population of their respective
Colonies, made from the best materials then in their power,
and so great was their confidence in each other, that from
those accounts that computation was principally formed. Your
Excellency will readily perceive, that the delegates were far
from being under any temptations to exaggerate the number of
their constituents; they were not ignorant, that by such
exaggerations they would increase their portion of aids, both
of men and money, and that whatever errors they might commit,
could not be rectified by an actual numeration during the
war. The computation then formed was as follows.
New Hampshire, 124,069 and a half
Massachusetts Bay, 434,244
Rhode Island, 71,959 and a half
Connecticut, 248,139
New York, 248,139
New Jersey, 161,290 and a half
Pennsylvania, 372,208 and a half
Delaware, 37,219 and a half
Maryland, 310,174 and a half
Virginia, 496,278
North Carolina, 248,139
South Carolina, 248,139
---------
3,000,000
Exclusive of the inhabitants of Georgia, who were not at that
time represented in Congress, and of whose numbers I have no
information that I can confide in.
_The Form of Government of each State._
"In the pamphlets I have now the honor of transmitting to
your Excellency, viz. No. 1, No. 2, No. 3, No. 4, and No. 5,
you will find the constitutions of New York, New Jersey,
Pennsylvania, Delaware, and South Carolina. The others I have
not with me. The great outlines of them all are very similar.
By the last accounts from America, it appears that
Massachusetts Bay had not as yet agreed upon their
constitution, but had it then under consideration.
"It cannot be necessary to observe to your Excellency, that
these new modes of government were formed by persons named
and authorised by the people for that express purpose; that
they were, in general, instituted with great temper and
deliberation upon such just and liberal principles, as on the
one hand to give effectual security to civil and religious
liberty, and on the other make ample provision for the rights
of justice, and the due exercise of the necessary powers of
government.
"The articles of confederation agreed upon by Congress, and
approved by every State in the Union except Maryland, provide
for the general government of the Confederacy, and the
ordering of all matters essential to the prosperity and
preservation of the Union in peace and war. I ought also to
inform your Excellency, that the reasons why Maryland has as
yet withheld her assent to those articles, do not arise from
any disaffection to the common cause, but merely from their
not having adopted certain principles respecting the
disposition of certain lands.
_The Union and Resolution of the Inhabitants to continue the
War with Vigor as long as may be necessary._
"On this subject I can give your Excellency certain and
positive information; the storm of tyranny and oppression,
which had for some years been constantly growing more black
and more terrible, began to burst with violence on the people
of North America in the year 1774. It was seen and felt and
deprecated by all except those, who expected to gather spoils
in the ruins it was designed to occasion. These were those
who enjoyed, or expected, emoluments from Great Britain,
together with their immediate dependants and connexions; such
as the officers of government throughout the Colonies, but
with some very distinguished exceptions; those of the clergy
of the church of England almost without exception, who
received annual salaries from the society established in
England for Propagating the Gospel in Foreign Parts; foreign
adventurers, buyers and sellers, who, being no further
attached to the country than as it afforded the means of
gain, soon prepared to speculate in confiscations, and
courted the notice of their sovereign by intemperate zeal for
the ruin of his subjects. With these exceptions, the great
body of the people moved together, and united in such firm
and considerate measures for the common safety, and conducted
their affairs with such regularity, order, and system, as to
leave no room to suppose them to be the work of only a
prevailing party, as our enemies have always represented and
affected to consider them.
"There was, it is true, another class of persons not much
less dangerous, though far more contemptible than those I
first mentioned; persons who in every revolution, like
floating weeds in every storm, obey the strongest wind, and
pass from side to side as that happens to change. I mean the
_neutrals_, a pusillanimous race, who having balanced in
their minds the advantages and disadvantages, the gains and
dangers of joining either side, are seduced by their fears to
form a thousand pretexts for joining neither; who, to
manifest their loyalty to their King, when his armies were
successful, gave them every aid in their power, except
drawing their swords against their country, and who, when
their countrymen prevailed, were ready to render them all
possible service, except taking arms against their Prince.
"The auxiliaries, whom the British measures and forces found
in the country, consisted of persons from these classes. And
although when these first appeared in, and wounded the bosom
of America, she was obliged to extend her arms to repel the
assaults of a foreign enemy, yet such was the union and
spirit of her inhabitants, that she was soon enabled not only
to put them under her feet, but on the ruins of her former
governments to erect new ones in the midst of invasions from
without, and treacherous combinations from within. Being able
to obtain no other terms of peace than unconditional
obedience, she had sufficient courage to declare herself
independent in the face of one of the best appointed armies
Britain could ever boast of, as well as sufficient strength
to limit its operations, and reduce its numbers.
"It may perhaps be observed, that the first object of the war
was a redress of grievances; that the present object is
_independence_; and it may be asked whether the people are as
much united with respect to the last as they were with
respect to the first.
"I am certain that the people of America never were so well
united as they are at present, in that of their independence.
Exclusive of actual observation on the spot, I think so
because,
"1st. The Declaration of Independence was made by Congress at
a time, when the great body of their constituents called for
it.
"2dly. Because that declaration was immediately recognised by
the general assemblies and legislatures of the several
States, without exception.
"3dly. Because the successful army under General Burgoyne was
defeated and captured by a great collection of the
neighboring militia, to whom he had offered peace and
tranquillity on their remaining at home, terms which it was
natural to suppose a great many of them would have accepted,
had the Declaration of Independence been disagreeable to
them.
"4thly. Because the Congress, consisting of members annually
elected, have repeatedly, expressly, and unanimously declared
their determination to support it at every hazard.
"5thly. Because their internal enemies have been either
expelled or reduced, and their estates to a very great amount
in some of the States confiscated and actually sold.
"6thly. Because constitutions and forms of government have
since been instituted and completely organised, in which the
people participate, from which they have experienced
essential advantages, and to which they have of consequence
become greatly attached.
"7thly. Because Congress unanimously refused to enter into
treaty with the British Commissioners on any terms short of
independence, and because every State, though afterwards
separately solicited, refused to treat otherwise than
collectively by their delegates in Congress.
"8thly. Because the inhuman and very barbarous manner in
which the war has been conducted by the enemy, has so
alienated the affections of the people from the King and
government of Britain, and filled their hearts with such
deep rooted and just resentments, as render a cordial
reconciliation, much less a dependence on them, utterly
impossible.
"9thly. Because the doctrine propagated in America by the
servants of the King of Great Britain, that no faith was to
be kept with Americans in arms against him, and the
uniformity with which they have adhered to it, in their
practice as well as professions, have destroyed all
confidence, and leave the Americans no room to doubt, but
that, should they again become subjects of the King of
Britain on certain terms, those terms would as little impede
the progress of future oppression, as the capitulation of
Limerick, in 1691, did with respect to Ireland.
"10thly. Because the treaty with France, and consequently
virtue, honor, and every obligation due to the reputation of
a rising nation, whose fame is unsullied by violated
compacts, forbid it.
"11thly. Because it is the evident, and well known interest
of North America to remain independent.
"12thly. Because the history of mankind, from the earliest
ages, with a loud voice calls upon those who draw their
swords against a Prince, deaf to the supplication of his
people, to throw away that scabbard.
"13thly. Because they do not consider the support of their
independence as difficult. The country is very defensible and
fertile; the people are all soldiers, who with reason
consider their liberty and lives as the most valuable of the
possessions left them, and which they are determined shall
neither be wrested or purchased from them but with blood.
"14thly. Because for the support of their independence, they
have expressly, by a most solemn act, pledged to each other
their lives, their fortunes, and their sacred honor; so that
their bond of union, for this very purpose, thus formed of
all the ties of common interest, common safety, mutual
affection, general resentments, and the great obligations of
virtue, honor, patriotism, and religion, may with reason be
deemed equal to the importance of that great object.
_Whether there is any powerful Party in Favor of England, and
what Consequences are to be apprehended from it? Whether
the Heads of this Party suffer themselves to be seduced by
the Promises of the British Government?_
"What has been already said, on the subject of the union of
the people in North America, will I imagine in a great
measure answer these questions.
"If by a party in favor of England is meant a party for
relinquishing the independence of the United States, and
returning to the dominion of Britain, on any terms whatever,
I answer there is no such party in North America; all the
open adherents of the Crown of Great Britain having either
voluntarily quitted or been expelled from the country.
"That Britain has emissaries and masked adherents in America,
industrious in their little spheres to perplex the public
measures, and disturb the public tranquillity, is a fact of
which I have not the most distant doubt, and it is equally
true, that some of these wicked men are by a few weak ones
thought to be patriots, but they cannot with any propriety be
called a party, or even a faction. The chief mischief they
do, is collecting and transmitting intelligence, raising
false reports, and spreading calumnies of public men and
measures; such characters will be found in every country so
circumstanced, and America has not been negligent in
providing laws for their punishment.
"The obvious policy of the Court of London has induced them
to boast perpetually of their party in America; but where it
is? of whom composed? what it has done, or is doing? are
questions to which they constantly give evasive answers. Much
also have they said of the numbers that have joined their
arms in America. The truth is, that at Boston, Rhode Island,
New York, and Philadelphia, they gleaned some of that refuse
of mankind, to be found and purchased by any body in all
commercial cities. It is also true, that some men of weight
and influence in the country, who joined the enemy on their
first successes, did draw away with them several of their
immediate dependents, whom they persuaded or otherwise
influenced to enlist in their service. To these may also be
added the prisoners, who at different times they forced into
their service by famine, and other severities too numerous as
well as barbarous to be here particularized. But I have no
reason to believe, that all these aids put together ever
exceeded three thousand men. This business, however, (except
with respect to prisoners,) has long been over, and before I
left America many of those deluded people had returned and
implored the pardon of their country.
"In America, as in all other popular governments, your
Excellency knows there must and ever will be parties for and
against particular measures and particular men. The enemy,
adverting to this circumstance, have had address enough to
ascribe differences and temporary heats arising from this
source, in which they were not interested, to causes much
higher, and more flattering to their importance; and this
they have done with so much art, as to have imposed in some
instances on the credulity of men high in reputation for
sagacity and discernment.
"If your Excellency will be pleased to peruse a pamphlet
marked No. 6, which you will find enclosed with the other
papers I herewith transmit, and entitled 'Observations on the
American Revolution,' you will perceive that nothing is to be
apprehended from this supposed party in North America.
_A Statement of the Revenues of the States, and of their
Ability to contribute to the General Expense; whether they
will be able long to support this Burthen, and increase it
if necessary?_
"The Confederated States have no fixed revenues, nor are such
revenues necessary, because all the private property in the
country is at the public service. The only restriction
imposed by the people is, that it be taken from them with
wisdom and justice, or to be more explicit, that the sums
required be proportionate to the public exigencies, and
assessed on the individuals in proportion to their respective
abilities.
"A nation can seldom be destitute of the means of continuing
a war, while they remain unsubdued in the field, and
cheerfully devote their all to that service. They may indeed
experience great distress, but no distress being equal to
that of subjection to exasperated oppressors, whose most
tender mercies are cruel, the Americans had little difficulty
in making their election.
_A Statement of the Public Debts._
"This subject your Excellency will find fully discussed in an
address of Congress to their constituents, in which they
compute their debts, and mention the means they had taken to
preserve the public credit. It is also herewith enclosed, and
marked No. 7.
_A Statement of the Debts of each particular State._
"Although exact accounts of these debts are contained in the
public printed acts of each State, yet as I neither have any
of those acts or extracts from them with me, and my general
knowledge on this hand is very imperfect, I am deterred from
giving your Excellency any information respecting it, by the
very great risk I should run of misleading you on this point.
_The Resources to lessen these Debts._
"Taxes; foreign and domestic loans; sales of confiscated
estates, and ungranted lands.
_The possibility of their supporting their Credit in all the
Operations of Government, in the Commerce of their
Inhabitants, and, above all, in the Protection of National
Industry._
"As to the possibility of supporting their credit in the
cases mentioned, there is no doubt it is very _possible_. How
far it is _probable_, is a question less easy to answer. If
the taxes called for by Congress last fall be duly paid, all
will be safe. But whether they have been paid or not I am
wholly uninformed, except that I find in a public paper that
Virginia had made good her first payment. As I daily expect
to receive advices from America on this subject, I shall
postpone saying anything further on it at present, but your
Excellency may rely on my communicating to you a full state
of what intelligence I may have respecting it.
"As to supporting their credit in _commerce_, it is attended
with considerable, though not insurmountable difficulties.
They are of two kinds, the want of sufficient commodities for
remittances, and the risk of transporting them. North
America abounds in valuable commodities, such as fish, oil,
lumber, provisions of flesh and corn, iron, tobacco, and
naval stores, peltry, indigo, potash, and other articles, all
of which have greatly diminished since the war; the laborers
formerly employed in producing them having been often called
to the field, and by other effects of the war been prevented
from regularly following their usual occupations. Of some of
these articles America still produces more than is necessary
for her own consumption, but the risk of transporting them to
Europe renders her remittances very uncertain. The asylum,
which all British armed vessels find in the ports of
Portugal, enables them to cruise very conveniently and with
great advantage off the Western Islands, and other situations
proper for annoying vessels from thence to France, Spain, or
the Mediterranean. Hence it is that the trade from America to
St Eustatia has of late so greatly increased, it being
carried on principally in small, fast sailing vessels, that
draw but little water, and that the chief remittances to
Europe have been in bills of exchange instead of produce.
"With respect to the protection of _national industry_, I
take it for granted that it will always flourish where it is
lucrative, and not discouraged, which was the case in North
America when I left it; every man being then at liberty, by
the law, to cultivate the earth as he pleased, to raise what
he pleased, to manufacture as he pleased, and to sell the
produce of his labor to whom he pleased, and for the best
prices, without any duties or impositions whatsoever. I have
indeed no apprehensions whatever on this subject: I believe
there are no people more industrious than those of America,
and whoever recurs to their population, their former exports,
and their present productions amidst the horrors of fire and
sword, will be convinced of it.
_By what Means, or what Branches of Commerce, will the States
of America have it in their Power to indemnify Spain,
whenever this Power may second the Views and Operations of
the Americans?_
"America will indemnify Spain in two ways, by fighting the
enemy of Spain, and by commerce. Your Excellency will be
pleased to remark that Spain as well as America is now at war
with Britain, and therefore that it is the interest of both
to support and assist each other against the common enemy. It
cannot be a question whether Britain will be more or less
formidable if defeated or victorious in America; and there
can be no doubt but that every nation, interested in the
reduction of her power, will be compensated for any aids they
may afford America, by the immediate application of those
aids to that express purpose at the expense of American
blood.
"Your Excellency's well known talents save me the necessity
of observing, that it is the interest of all Europe to join
in breaking down the exorbitant power of a nation, which
arrogantly claims the ocean as her birthright, and considers
every advantage in commerce, however acquired by violence, or
used with cruelty, as a tribute justly due to her boasted
superiority in arts and in arms.