What the sentiments of my colleagues on this occasion may be, I do not

as yet know, nor can I foresee how far the negotiation of the ensuing

winter may call for the execution of this commission. Thus

circumstanced, at such a distance from America, it would not be proper

to decline this appointment. I will, therefore, do my best endeavors

to fulfil the expectations of Congress on this subject, but, as for my

own part, I think it improbable, that serious negotiations for peace

will soon take place. I must entreat Congress to take an early

opportunity of relieving me from a station, wherein, in character of

their Minister, I must necessarily receive (and almost under the name

of opinions) the directions of those on whom I really think no

American Minister ought to be dependent, and to whom, in love for our

country and zeal for her service, I am sure that my colleagues and

myself are at least equal.

I have the honor to be, &c.

JOHN JAY.

_P. S._ I had an interview last evening with the Minister. Nothing was

promised or denied. A person is to be named on Sunday to confer in

earnest, as it is said, with me about the treaties. I do not despair,

though having so many bills to pay, and no money, perplexes me

extremely. The treasury of Spain is very low; much of the money for

the expenses in this war costs them between thirty and forty per

hundred, by mismanagement and want of credit. This ought not to be

public. His Excellency still looks at your ships on the stocks, but I

shall, without refusing, not consent to their changing masters. J. J.

* * * * *

TO THE PRESIDENT OF CONGRESS.

St Ildefonso, October 3d, 1781.

Sir,

My letter of the 25th of April last, by Mr Toscan, informed Congress,

that on the 30th day of January preceding, I had the honor of

receiving their letters of the 6th and 17th of October, 1780, the

latter of which states particularly and ably the right of the United

States to the free navigation of the river Mississippi, and enumerates

the various reasons which induce them to decline relinquishing

it.[30]

Among these reasons is the guarantee contained in the treaty with

France. I hinted to Congress, that it was more than probable, that the

contents of this interesting letter were well known to the French

Court before it came to my hands. I am well persuaded, that this was

the case. Shortly after receiving it, I took occasion to converse

generally with the Ambassador on the subject of the Spanish

pretensions to that navigation, and remarked, as it were

inadvertently, how unreasonable it was for them to expect, that we

should relinquish a territorial right, which both justice and the

guarantee of France enabled us to retain. The thought did not appear

new to him, but he strongly combated this construction of the treaty,

and endeavored to explain it away by observing, that the guarantee

could not comprehend claims, whose objects we had never possessed, &c.

&c. I mention this only to show how improper it would have been for me

to have communicated this part of your Excellency's letter to the

Spanish Minister. It could have answered no good purpose, because, as

France would have disputed this construction, Spain could with

propriety have refused to admit the force of any argument drawn from

it, and it might have done much mischief, not only by bringing on an

unseasonable explanation between France and us, but also between Spain

and France.

If I had given the Spanish Minister a copy of every other part of this

letter, except those paragraphs which contain the reasoning in

question, the omission might in future have been urged by France, who

I verily believe has a copy of that whole letter, as an argument for

my having yielded that point as not tenable; and though my opinion

might not be of much consequence, it appeared to me most prudent to

avoid doubts about it. For my own part I really did, and do think,

that this guarantee does comprehend the navigation in question, though

I also think, that no question should be raised about it at present.

So circumstanced, I thought it most advisable to make no written

communications of any parts or part of this letter, but from time to

time to press every argument contained in it in the course of

conversations with the Spanish Minister, except those drawn from the

guarantee.

The Minister, however, did not at any time enter into the merits of

these arguments, nor appear in the least affected by them. His answer

to them all was, that the King of Spain must have the Gulf of Mexico

to himself, that the maxims of policy adopted in the management of

their colonies required it; and that he had hoped the friendly

disposition shown by this Court towards us would have induced a

compliance on the part of Congress.

As to a free port below the northern limits of West Florida, or

anywhere else in the vicinity, the Minister sometimes wished certain

regulations, some middle line might be devised, to reconcile the views

of both parties, but he did not see how it could be done. The King had

always been accustomed to consider the exclusive navigation of the

Gulf of Mexico as a very important object to Spain, more so indeed

than even Gibraltar, and he was persuaded, that his Majesty would

never be prevailed upon to change his ideas on that subject. At other

times he spoke clearly, and decidedly against it, saying, that it was

their desire to exclude all nations from the Gulf, and that it made

little or no difference, whether they admitted all nations or only

one.

In my letter of the 25th of April last, I informed your Excellency,

that on the 25th of March preceding, the Minister sent me word, that

the money necessary to pay the bills due in April could not be

advanced to me. The constant inconsistency I experienced between the

Minister's promises and conduct often surprised, as well as

embarrassed me. This last instance appeared to me to be really cruel;

for if he had intended to withhold the necessary supplies, he ought to

have given me notice of it, and not by keeping up my expectations to

within a few days before the holders of the bills were to call upon me

for their money, (and the bills of April amounted to eightynine

thousand and eightythree dollars,) reduce me to such imminent danger

of being obliged to protest them. Speaking on this subject with the

French Ambassador, he intimated, that the Court expected I should have

made them some further overtures respecting the Mississippi. I told

him I had no authority to make any others than what I had already

made. He replied, that the Minister believed I had. At that time I

had received no letters, public or private, which gave me the least

reason to suspect, that Congress had passed the resolution of the 15th

of February last,[31] and it was not before the 18th of May, that a

letter, I then received from Mr Lovell, enabled me to understand the

reason of the Minister's belief. I then recalled to mind his frequent

assurances of frankness, and of his speaking without reserve, often

adding, that he was well informed of our affairs, and had minute

information of what was passing at Philadelphia. There can be no doubt

but that some copies of the President's letters to me have fallen into

his hands, and that he supposed I had received others, though this was

not in fact the case. Hence it appears, that the double miscarriage,

if I may so call it, of these letters, had an unfavorable influence on

our hopes of pecuniary aids, for it is highly probable, that in this

instance they were so critically withheld on purpose to extort

overtures from me, which the Minister, though mistaken, had reason to

believe I was in a capacity to make.

Your Excellency will perceive from this, how important it is, that

your letters, to and from your Ministers, be transmitted in a manner

not subject to these inconveniences.

It was not, as I said before, until the 18th of May, that Mr Lovell's

letter, enclosing a copy of the resolution of Congress of the 15th of

February, reached me. It was brought to Cadiz by the Virginia, and it

is remarkable, that none of the journals, or gazettes, nor the letter

from Congress, which Mr Lovell gave me reason to expect, ever came to

my hands. But as all the papers brought by the Virginia passed through

the hands of the Governor of Cadiz, and afterwards through the Post

Office, the suppression of some of them may be easily accounted for.

As Mr Lovell's letter did not appear to be official, nor the copy of

the instruction of the 15th of February authenticated, I was much at a

loss to determine how far it was to be considered as a measure finally

concluded upon, and this difficulty was increased by another, viz.

whether my having no letter on the subject from the President was to

be imputed to the miscarriage of it, or to a reconsideration of the

instruction in question; for I recollected, that resolutions had in

some former instances been reconsidered, and either altered or

repealed a few days after their date; for these reasons it appeared to

me imprudent immediately to hazard overtures on the ground of this

instruction.

The next day, the 19th of May, I thought it expedient to wait upon the

Minister, and again renew the subject of our proposed treaty,

expecting that if he was acquainted with the contents of my letter,

something might drop from him in the course of conversation, which

would lead me to judge of what he might, or might not know on that

subject, and others connected with it.

He received me with more than usual cordiality. The conversation

turned at first on the situation of the southern States, the late

combat between the fleets in the Chesapeake, and General Greene's

retreat. He appeared to apprehend much danger from what he called the

delicate situation of our army there, and the blockade of the

reinforcement intended for it, under the Marquis de la Fayette. I

endeavored to remove such of his fears as appeared to be ill-founded,

and (though without leaving room to suppose that the operations of

Spain were indispensable to our safety,) represented to him the good

policy and probable success of France and Spain's seriously turning

their attention and force to the expulsion of the enemy from America.

I then repeated what I had often before remarked to him, respecting

the influence which the hesitations and delays of Spain in forming a

treaty with us must naturally have on the hopes and fears of Britain.

I announced to him formally the completion of our confederation by the

accession of Maryland, and after dwelling on the advantages, which the

States and their allies might expect from it, I endeavored to impress

him with an opinion, that a cordial union between France, Spain,

Holland, and America, supported by vigorous measures, would soon

reduce the enemy to the necessity of listening to reasonable terms of

peace.

The Count replied, generally, that he was very minutely informed of

the state of our affairs. That the good dispositions of Congress

towards Spain had not as yet been evinced in a manner the King

expected, and that no one advantage had hitherto been proposed by

America to Spain, to induce the latter to come into the measures we

desired. That the views of Congress were such as would not permit his

Majesty to form a treaty with the States, but that the King was an

honest man, and I might again and again assure Congress, that he would

never suffer them to be sacrificed to Britain, but on the contrary

would with constancy maintain the friendship he had professed for

them. That Britain had in vain attempted to deceive Spain; that Mr

Cumberland had been sent here for that express purpose, but that,

however possible it might be for Britain to vanquish, she would never

be able to deceive Spain; that he wished Congress had been more

disposed to oblige the King. He knew indeed that opposition in

sentiments must necessarily prevail in public bodies, but that he

hoped for the best. That I ought to preach to them forcibly, for that

he thought a good preacher (_un bon predicateur_,) would do much good,

thereby intimating, as I understood it, that Congress were not

sufficiently apprised of the importance of Spain, and the policy of

complying with her demands.

To all this I briefly remarked, that his Excellency's knowledge of

American affairs must convince him, that it was not in their power to

give his Majesty other proofs of their attachment than what they had

already done, and that if he alluded to the affair of the Mississippi,

I could only add one remark to those which I had often made to him on

that head, viz. that even if a desire of gratifying his Majesty should

ever incline Congress to yield to him a point so essential to their

interest, yet it still remained a question whether new delays and

obstacles to a treaty would not arise to postpone it.

The Count smiled, said he always spoke frankly, and that whenever I

should announce to him my having authority to yield that point, I

might depend on his being explicit, and candid, but as matters stood

at present, he could say nothing on that head. He then informed me,

that M. Gardoqui would set out for America the beginning of June. He

said it might be in my power to furnish some useful hints and

observations relative to the objects and conduct of his mission,

adding that he reposed full confidence in me, and wished that I would

also consider whether there were any particular reasons which might

render it advisable, either to hasten or retard his going.

I suspected there was too much meaning in all this to admit of my

entering into these discussions without time for further reflection;

and, therefore, without seeming to avoid it, I told the Count I was

happy to hear, that M. Gardoqui was so near his departure. That I

considered myself much honored by his requesting my remarks relative

to it, and that I was sure Congress would draw agreeable conclusions

from his mission. That I should write by him to Congress, and as they

would expect to learn from me the precise character in which they were

to receive, and consider him, it became necessary, that his Excellency

should favor me with that information, as well to enable me to

transmit the proper advices to Congress, as to make the remarks which

he had done me the honor to request. That I conceived this to be the

more indispensable, because if M. Gardoqui should carry no public

testimonials from this Court to Congress, he could only be considered

by them as a private gentleman, and all his intercourse with Congress

would of consequence be subjected to all the inconveniences resulting

from it.

This topic carried the conversation off the delicate ground to which

the Count had led it. He admitted the propriety of my being exactly

apprized of the nature of M. Gardoqui's commission, said that as yet

it was not decided, and therefore for the present could only give me

his opinion of what it would probably be.

He observed that circumstances did not render it proper, that he

should go as Minister, though perhaps it might he proper to give him

contingent powers. That it was the common practice, where Courts sent

to each other persons charged with their affairs, in a character below

that of Minister, to give no other credentials than a letter of

advice from the Minister of the Court sending to the Minister of the

Court receiving the person in question. That the same practice was

about to be pursued by Spain towards Prussia, and had been observed in

other instances; therefore, he believed the like method would be

adopted in this case. That if it should be purposed to give M.

Gardoqui a letter authenticating his being an agent of Spain, it would

be either to the President, or the Secretary of Congress, and asked me

which of the two would be the most proper.

Whether he really was uninformed on this point, or whether he asked

the question merely to try my candor, cannot easily be determined. I

told him honestly, that Congress had no Secretary or Minister of State

for general purposes, nor for foreign affairs particularly, and that

neither the President nor Secretary of Congress could regularly be

considered in that light. That there was a committee of Congress,

whose appointment came near to that of Secretary for foreign affairs,

but that I had heard Congress were about establishing a more proper

and regular mode of conducting the affairs committed to that

committee, and had perhaps already done it. That therefore it was

difficult for me to give his Excellency a clear and decided opinion on

the subject, and the more so as the letters which I daily expected to

receive from the President, and which probably contained exact

information relative to this very matter, had not yet come to my

hands. He seemed very well satisfied, and extended his civilities so

far as to say, that if at any time the warmth of his temper had led

him into any harshness of expression, he hoped I would forget it. I

told him, and that was the fact, that I did not recollect any part of

his behavior to me, which required that apology. He desired me to wait

upon him again on the Wednesday next.

As to the instructions of the 15th of February, I had every reason to

wish it had been a secret to the Ministry. The propriety of them is a

subject without my province. To give decided opinions of the views and

designs of Courts always appeared to me hazardous, especially as they

often change, and as different men will often draw different

conclusions from the same facts. This consideration has constantly

induced me to state facts accurately and minutely to Congress, and

leave them to judge for themselves, and be influenced only by their

own opinions.

I could not forbear, however, seeing the danger to which the proviso

contained in that instruction exposed me. I have no reason to flatter

myself, that, more fortunate than others, the propriety and policy of

my conduct will not be drawn, at least impliedly, into doubt. If I

should, on a persuasion that this cession would be unalterably

insisted upon by Spain, yield that point, I am certain that many

little half-created doubts and questions would be cast into, and

cultivated in America. If, on the other hand, I should be of opinion

that this point could be gained, and the event prove otherwise, it

would soon be whispered, what rich supplies and golden opportunities

the United States had lost by my obstinacy.

I permitted my mind to dwell on these considerations, merely that I

might, by the utmost degree of circumspection, endeavor to render the

uprightness and propriety of my conduct as evident as possible.

My only difficulty arose from this single question. Whether I could

prudently risk acting on a presumption, either that Spain did not

already, or would not soon be acquainted with the contents of this

instruction. If such a presumption had been admissible, I should,

without the least hesitation, have played the game a little further,

keeping this instruction in my hand as a trump card, to prevent a

separate peace between Spain and Britain, in case such an event should

otherwise prove inevitable. Had Spain been at peace with our enemies,

and offered to acknowledge, guaranty, and fight for our independence,

provided we would yield them this point, (as once seemed to be the

case) I should, for my own part, have no more hesitation about it now

than I had then. But Spain being now at war with Great Britain, to

gain her own objects, she doubtless will prosecute it full as

vigorously as if she fought for our objects. There was and is little

reason to suppose that such a cession would render her exertions more

vigorous, or her aids to us much more liberal. The effect, which an

alliance between Spain and America would have on Britain and other

nations, would certainly be in our favor, but whether more so than the

free navigation of the Mississippi is less certain. The cession of

this navigation will, in my opinion, render a future war with Spain

unavoidable, and I shall look upon my subscribing to the one as fixing

the certainty of the other.

I say I should have played this game a little further, if the

presumption before mentioned had been admissible, because it has

uniformly been my opinion, that if after sending me here Congress had

constantly avoided all questions about the Mississippi, and appeared

to consider that point as irrevocable, Spain would have endeavored to

purchase it by money, or a free port, but as her hopes of a change in

the opinion of Congress were excited, and kept alive by successive

accounts of debates, and intended debates on that question, and as

Congress by drawing bills without previous funds had painted their

distress for want of money in very strong colors, Spain began to

consider America as a petitioner, and treated her accordingly. But as

by the intervention of Dr Franklin, our bills for near six months were

safe, and as after this resolution of the 15th of February, there was

reason to expect that the subject of it would not soon be resumed in

Congress, I should, in case I could have depended on this

instruction's being and remaining a secret, have thought it my duty to

have given the United States a fair trial for the Mississippi, or at

least for a free port near it. With this view I should have appeared

to give myself no concern about the bills, applied for no aids, made

no offers, and on all proper occasion have treated an alliance with

Spain as an event, which, though wished for by us, was not essential

to our safety, and as the price demanded for it appeared to us

unreasonable, it was not probable we should agree. I think we should

then have been courted in our turn, especially as the Minister was

very desirous of having our men-of-war on the stocks, and that thus

dealing with them on terms of equality, would have produced some

concessions on their part, as inducements to greater ones on ours. I

am persuaded in my own mind, that prudent self-respect is absolutely

necessary to those nations, who would wish to be treated properly by

this Court, and I have not the least doubt but that almost any spirit

will prosper more here, than that of humility and compliance. I had no

doubt but that this plan of conduct would have been perfectly

consistent with that part of the instruction, which orders me to make

every possible effort to obtain from his Catholic Majesty the use of

the river aforesaid, &c. For whatever might have been, or may be, my

private sentiments, they shall never in mere questions of policy

influence me to deviate from those of Congress.

But on the other hand there being abundant circumstantial evidence to

induce a firm persuasion, that the Ministry were well acquainted with

the contents of this instruction, this plan would have been idle. The

moment they saw that the cession of this navigation was made to depend

upon their persevering to insist upon it, it became absurd to suppose,

that they would cease to persevere. All that remained for me therefore

to do was, in the next conference to break this subject as decently as

possible, and in such a manner as would account for my not having

mentioned this instruction at our last meeting.

On Wednesday evening, the 23d of May, I waited upon the Count

agreeably to his appointment. The Count seemed a little hurried in his

spirits, and behaved as if he wished I had not come. He asked me

rather abruptly, if I had anything particular to communicate to him,

and whether I had received any further letters. I told him I had

received some private ones from L'Orient, but that none from the

President of Congress had as yet, reached me, though I had reason to

expect one by that opportunity, as well as by the vessel lately

arrived at Cadiz. I informed him of my having received from Mr

Harrison a copy of his memorial to the Governor of Cadiz, complaining

that letters brought for him by the Virginia, from Philadelphia, had

been stopped at the gates, on pretence, that they must agreeably to an

ordinance for that purpose be put into the post office, and charged

with the like postage as if brought from Spanish America. He said he

had not yet received a copy of the memorial, but that there was such

an ordinance, and that it was highly proper the admission of letters

into the kingdom, especially in time of war, should be under the

direction of government. That letters from North America rendered new

regulations necessary, and that he would turn his thoughts to this

subject, and do what should appear equitable. This was another proof

of what I before suspected, and looked like an indirect apology for

opening my letters.

The Diplomatic Correspondence of the American Revolution, Vol. 07 · 第 32 / 36 段