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.