health, and how greatly it incapacitated him for business. He then
asked the Major several questions about our military operations. The
Major answered them clearly, and, in speaking of the proposed siege of
New York, very naturally introduced an account of the surprise and
apprehensions occasioned by the permission given to the Pensacola
garrison to join that of New York. The Count confessed it was ill
done; said it was very unexpected, and that they ought to have been
sent to Europe; that the like should not happen in future, and that
proper orders upon that subject should be despatched to their
Generals. He then observed, that our fears were not altogether well
founded, for that those troops were restrained by the capitulation
from taking arms against the allies of Spain till exchanged, and could
not operate against our troops without also operating against those of
France, who were joined with them, and who, it was well known, were
the allies of Spain. The Major replied, that it was feared that the
enemy would attempt to evade this reasoning, by insisting that the
French troops in America were only to be considered as auxiliaries to
the United States, and that though that argument might be fallacious,
yet, that in matters affecting America, the enemy had invariably
neglected good faith, whenever they found it convenient.
The Count asked how long the Major would stay here. I told him, that I
only detained him in expectation of being soon enabled by his
Excellency to write something decisive by him to Congress on the
subjects under his consideration. He said he hoped in the course of
next week to enter into serious conferences with me on those subjects,
and that he would give me notice of the day. He offered to give the
Major letters to the Spanish Ambassador at Paris, and to do him any
other services in his power. He then rose from his chair in a manner
indicating indisposition, said he was unable to do business, and that
M. Del Campo should inform me when it would be convenient for him that
I should see him again. I expressed my regret at his illness, and gave
him the French translation of Mr Morris's letter, adding, that I had
intended to offer him some remarks on the subject of it. He said he
would read it with pleasure. He spoke of Mr Morris's appointment, and
after conversing a few minutes about the good consequences expected
from it, and of the services done by that gentleman to Spain, in some
business they had committed to his care, we parted.
Thus this conference ended as fruitless as the last.
Eight days elapsed. I heard nothing from the Minister. He was daily at
Court, and every evening took his ride.
I repeatedly mentioned and complained of these delays to the French
Ambassador. He regretted them, promised to speak to the Minister on
the subject; but, I believe, did not. I appeared much dissatisfied,
though not with him; and told him, that if Major Franks returned to
America with no other intelligence than that of repeated delays, it
was more than probable that Congress would be much hurt, as well as
much disappointed. He had the same fears, and advised me to detain the
Major.
It became in my opinion important, that the Minister, as well as the
French Ambassador, should be seriously apprehensive of my dismissing
the Major with letters, that would render Congress very little
disposed to make sacrifices to this Court. The manner of doing this
required some caution. I could think of nothing better than to prepare
a letter to the Minister, and send the Ambassador a fair copy of my
draft for his consideration and advice.
The following are copies of that letter, and of the one I sent with it
to the Ambassador.
TO THE COUNT DE MONTMORIN.
"St Ildefonso, September 16th, 1781.
"Sir,
"The paper herewith enclosed is the draft of a letter, which
I think of writing to his Excellency, the Count de Florida
Blanca.
"The subject, as well as the occasion, demands that dexterous
and delicate management, of which they only are capable, who
possess an accurate judgment and much experience in affairs
of this kind.
"I am happy, therefore, that on such occasions I can avoid
the risk of committing errors, by recurring to your friendly
advice. Without compliment, but with sincerity,
I am, Sir, &c.
JOHN JAY."
TO THE COUNT DE FLORIDA BLANCA.
"Whatever may be the issue of the American revolution,
whether that country shall continue independent, or be doomed
to reunite her power with that of Great Britain, the good
will and affection of the people of North America cannot in
either case be unimportant to their neighbors; nor will the
impressions made upon their minds by the benefits or
injuries, which they may receive from other nations in the
course of their present struggles, ever cease to have a
certain degree of influence on their future conduct.
"Various circumstances led Congress at an early period to
suppose, that the Court of Spain had wisely and generously
determined to take a decided part in their favor. The
supplies granted to them by his Catholic Majesty, soon after
the British armies became numerous in America, spoke this
language in strong terms, and the assurances repeatedly given
me by your Excellency, that his Majesty would firmly support
their cause, and never consent to their being reduced to the
subjection of Britain, left no room to doubt of his friendly
disposition and intentions towards them.
"Many obvious considerations prompted Congress to desire,
that an intimate connexion might speedily be established
between the two countries by such treaties as would take from
the enemy every prospect of success, and secure to Spain and
the United States the permanent enjoyment of mutual
advantages and reciprocal attachment. With this view Congress
were pleased to send me to Spain, and the first letter I had
the honor of receiving from your Excellency gave me reason to
believe, that the object of my mission was not displeasing
to his Majesty; unavoidable and long delays were,
nevertheless, created by differences respecting a certain
important right, which America wished to retain. So strong,
however, was the reliance of Congress on his Majesty's
assurances of support, and such was their disposition to
render the proposed treaties consistent with his
inclinations, that they have since agreed to remove the only
obstacle, which seemed to prevent his Majesty from realising
those assurances by substantial aids and an open declaration
of his intentions.
"But unfortunately for America, and perhaps for the general
cause, the delays in question have not ceased with the cause
to which they were ascribed, and although the confidence
reposed by Congress in his Majesty's assurances will not
permit them to doubt of his determination to support their
independence, yet the silent inattention, with which their
offers to remove the former obstacle to a treaty have long
laid unanswered, must appear to them as being very singular.
Your Excellency has indeed repeatedly promised me to name a
time when I should have an opportunity of conferring with you
on that and other subjects submitted to your consideration,
but it constantly happened that the expectations excited by
these promises proved abortive.
"Knowing that Congress would expect to receive by the return
of Major Franks particular information respecting their
affairs here, I was anxious to send them some intelligence
more welcome than I have reason to think a detail of delays
and procrastination would be, in a season when they would be
indulging the most flattering expectations from the measures
they had taken to gratify his Majesty. For this reason I
informed your Excellency, that I should detain Major Franks
for the present, and your Excellency promised me on the 8th
instant, that you would appoint some time in the ensuing week
for entering into a serious conference about these matters,
and that M. Del Campo should give me notice of it. That week,
however, has passed away without having been witness to any
such notice or conference.
"I think your Excellency will do me the justice to
acknowledge that the utmost respect, delicacy, and patience,
have been observed in all my transactions with your
Excellency, and therefore I cannot forbear hinting that my
constituents are at least entitled to that species of
attention, which the most dignified sovereigns usually pay to
the friendly propositions of such States, as solicit either
their aid or alliance in a decent manner, viz. a candid
answer.
"I am sensible that Spain possesses a higher degree on the
scale of national importance than the United States, and I
can readily admit, that the friendship of this Court is of
more immediate consequence to America, than that of America
to the Spanish empire. But as his Catholic Majesty and his
Ministers doubtless extend their views beyond the present
moment, it would ill become me to remark, how essential it is
to the happiness of neighboring nations, that their conduct
towards each other should be actuated by such passions and
sentiments only, as naturally tend to establish and
perpetuate harmony and good will between them. Most certain
it is, that in whatever manner the negotiations between Spain
and North America may terminate, various good or evil
consequences will in future naturally and necessarily flow
from it to both.
"There is good reason to believe, that the apparent
indecision of Spain, relative to an open acknowledgment of
the independence of the United States, has inspired other
nations with doubts and conjectures unfavorable to the
American cause, and on the other hand, it is more than
probable that, if his Catholic Majesty would be pleased to
declare to the world, that the United States were his allies,
and that he had given his royal word to support their
independence, Holland and many other nations would follow his
example.
"On such an event, also, it might not be difficult to form a
permanent alliance between France, Spain, the Dutch and the
United States, and thereby not only prevent a separate peace
between the Dutch and English, but effectually reduce the
latter to reasonable terms of general pacification.
"The limits of a letter forbid my enlarging on these topics.
The eyes of America, and indeed of all Europe, are turned
towards Spain. It is in the power of his Catholic Majesty to
increase his friends and humble his enemies. I will only add
my most sincere wishes, that the annals of America may inform
succeeding generations, that the wisdom, constancy, and
generous protection of his Catholic Majesty, Charles the
Third, and of his Minister, the Count de Florida Blanca, are
to be ranked among the causes that insured success to a
revolution, which posterity will consider as one of the most
important and interesting events in modern history.
JOHN JAY."
The Ambassador called upon me in the evening to answer my letter.
He observed, that the delays of which I complained were not singular,
but that others, and even himself, experienced the like. That he had
reason to believe this Court were really disposed to treat with us,
though the time when might be doubtful. That the remarks made in the
draft of my intended letter were but too just; that he feared they
would give offence; that at any rate, he thought I had better postpone
it, and for the present write one less pointed, and more laconic. We
had much conversation on the subject, unnecessary to repeat. It ended
in my consenting to pursue his advice.
It is observable, that he did not offer to return me the draft of this
letter, though I had agreed to suppress it.
The letter which, agreeable to the Ambassador's advice, I substituted
in the place of the other, is in these words, viz.
St Ildefonso, September 17th, 1781.
"Sir,
"A reluctance to despatch Major Franks without transmitting
by him to Congress the information they expect to receive, on
the subject I have had the honor of submitting to your
Excellency's consideration, has induced me hitherto to detain
him, especially as I was encouraged to hope that your
Excellency would have found leisure last week for entering
into serious conference with me on those important points.
The same reluctance prevails upon me to detain him another
week, and I think it my duty to inform your Excellency that
he will set out on Saturday next.
"I need not remark to your Excellency, that if the letter I
may then write by him should not contain the desired
intelligence, Congress will naturally be led to apprehend
that their expectations of forming an intimate union with
Spain were not well founded.
"I have the honor to be, &c.
JOHN JAY."
On the 19th, I received the following answer.
Translation.
"The Count de Florida Blanca would have been charmed to have
had it in his power to have a long conference with Mr Jay, if
his ordinary indispositions had not prevented him; he will,
therefore, have the honor to see him this evening about eight
o'clock, if Mr Jay will give himself the trouble of waiting
on him, either alone or with Major Franks, and in
communicating to the King the result of their conference, he
will endeavor to prevail on his Majesty to name some other
person to confer with Mr Jay in case of need, in order to
avoid, as much as possible, the embarrassments which Mr Jay
has hitherto experienced.
_Wednesday, 19th of September, 1781._"
I waited upon the Count at the time appointed. The following is a copy
of my notes of that conference.
_Notes of a Conference held at St Ildefonso, on Wednesday
Evening, the 19th of September, 1781, between his
Excellency, the Count de Florida Blanca, and Mr Jay,
agreeably to the appointment of the former._
The Count introduced the conference by asking for Major Franks, and
why Mr Jay did not bring him with him. Mr Jay answered, that as Major
Franks was not charged with the transaction of any business with his
Excellency, and had, at a former interview, answered such questions
relative to American affairs as the Count had thought proper to ask
him, Mr Jay did not think his attendance on this occasion necessary,
as he supposed his Excellency meant to enter at present into the
discussion of the matters referred to in Mr Jay's last letter.
The Count then proceeded to enumerate the various obstacles arising
from his ill health, the multiplicity of business, which had so long
subjected Mr Jay to the delays he had hitherto experienced, and which,
for his part, he could not but regret; that agreeable to his promise
made to Mr Jay soon after his arrival, and frequently afterwards
repeated, he had attempted to commit to paper his sentiments on the
various points on which the proposed treaties must turn, and although
he had made some progress in it, he had, for the reasons
abovementioned, been obliged to leave it imperfect; that daily
experience convinced him that his official business was too extensive
and various to admit of his application to other objects, especially
as his indisposition often rendered it impracticable for him to pay a
due attention to it; that he, therefore, conceived it necessary that
some person, duly authorised to confer with Mr Jay on these subjects,
should be appointed by his Majesty; that he intended on Sunday next to
recommend this measure to the King, to whom he would at the same time
communicate the copy of Mr Morris's letter to Mr Jay, which the latter
had given him; that in order to the putting of this matter in proper
train, it would be expedient for Mr Jay previously to commit to paper
his ideas of the outlines of the proposed treaties, and particularly
to state the propositions he might think proper to make relative
thereto; that he had been informed, that the treaties between France
and America had been preceded by the like measures; for that the
American Commissioners had first offered a plan of propositions, and
then M. Gerard was appointed to confer with them before those treaties
were drawn into the state they now appear, and finally concluded. That
the like proceedings were rendered particularly necessary in this
case, by the variety and importance of the points necessary to be
adjusted between Spain and America; that in forming political
connexions between nations, constant regard must be had to their
reciprocal interests, and care taken, by previous arrangements, to
avoid the inconveniences which would result from any clashing of
interest; that three great points presented themselves, as requiring
great attention, in forming the proposed connexion between Spain and
America.
1st. The aids requested by America, as stated in Mr Morris's letter,
were very considerable; that it would be necessary, on the part of
Spain to determine what pecuniary aids it might be in their power to
grant either by loan or subsidy, as well as the time, place, and
manner of payment; for that great punctuality was requisite in such
transactions, as well that the royal engagements might be properly
fulfilled, as that Congress might not be subjected to inconveniences
and disappointments; that on the part of America, it must be
ascertained what compensation they should make, as well as the time
and manner of doing it; and that it might be well to consider how far
such compensation might be made in ship timber, or other productions
of that country; that a compensation would be indispensable, for that
the King, being only the guardian of his dominions, would not think
himself justifiable in dispensing with the just rights of his people.
2dly. That the commercial concerns of the two countries was another
point, which would call for very accurate and important regulations.
That so far as this commerce would respect the United States and old
Spain, the difficulty would not be very great; for that such commerce
being in a considerable degree permitted to other nations, America
ought also to participate in the benefits of it. But with respect to
the Spanish dominions in America, as all other nations were excluded
from any direct commerce with any part of them, the United States
could not reasonably expect to be on a better footing than other
nations, and particularly the French, who were the near allies of
Spain.
3dly. That with respect to the proposed treaty of alliance, Mr Jay
must be sensible, that the several engagements, which would thereby be
rendered necessary between the parties, the matters of boundary, and
the navigation of the Mississippi, would give occasion to several
important articles, which ought to be maturely considered and well
digested. To this end, he wished that Mr Jay would immediately turn
his thoughts on these subjects, and offer him such a set of
propositions, as might become the basis of future conferences between
him and the person whom he expected his Majesty would appoint.
The Count then took occasion to observe, that he had long wished Mr
Jay had offered him such propositions, but that his Court had as yet
received from Congress nothing but good words and fair assurances, and
that though his Majesty had given them some little aids, yet they had
discovered no disposition, by acts, to acknowledge them. Mr Jay
reminded his Excellency of his having, at a very early day, undertaken
to commit to paper the outlines of the proposed treaties, and that the
constant expectations of his perfecting it, had restrained Mr Jay from
offering anything of the like nature on the subject. That he could
conceive of nothing in the power of Congress to do, which could more
fully evidence their disposition to gratify his Majesty, than their
having offered to recede from their claims to the navigation of the
Mississippi, though the preservation of it was deemed of the highest
importance to their constituents. The Count admitted the propriety of
both these observations, and said he hoped that the delays, which had
so long embarrassed Mr Jay, would soon be terminated.
Mr Jay expressed his anxiety to be enabled to communicate to Congress
some decided intelligence, respecting the aids they might expect from
this Court; to which the Count replied, that the sum requested was
great, the expenses of the kingdom very extensive, and the means of
obtaining the sums necessary to defray them subject to many
difficulties; that he would, as he had before mentioned, communicate
Mr Morris's letter to the King, and, until that was done, he could not
be in capacity to say anything further on the subject; that as the
appointment of a person to confer with Mr Jay would rest with his
Majesty, he could not say who in particular it would be, but he hoped,
and was persuaded that it would be some person well-intentioned
towards America; that he was the more confirmed in this expectation,
from the friendly disposition, which the King had early and constantly
manifested towards that country; that he would again repeat what he
had before told Mr Jay, viz. that the King, when acting in capacity of
mediator for a peace, had refused to permit that country to be
sacrificed; that since the rupture with Britain, tempting and
advantageous offers had been made to him to withdraw his protection
from America, and conclude a separate peace; that he had rejected
these offers, and still continued determined to support the States;
that this conduct ought to be viewed as extremely generous, as no
political connexions or engagements did then, or do as yet subsist
between the two countries. Mr Jay assured his Excellency that the
magnanimity of this conduct had made a deep impression on the people
of America; that nothing but want of opportunity would ever prevent
their expressing it more strongly than by words, and that the sense
they entertained of it, had greatly influenced the late measure they
had taken to comply with his Majesty's desires. The Count then pressed
Mr Jay again to send him the paper above mentioned before Sunday,
adding that he sincerely wished nothing might be wanted to put the
business in a proper train; that for his part, he had the best
disposition towards America, as well as personal regard for Mr Jay,
and, after adding some complimentary expressions relative to the
character of the latter, he concluded.
I was a little surprised that the Count should expect to receive from
me, in the course of three days, formal propositions on the several
points stated in this conference. But it would not have been proper
for me to desire further time.
On the 22d of September, I sent him the following letter and
propositions.
"St Ildefonso, September 22d, 1781.
"Sir,
"I have the honor of transmitting, herewith enclosed, the
propositions requested by your Excellency on Wednesday
evening last.
"I have endeavored to render them as short and simple as
possible, and I flatter myself that the unreserved frankness
with which they are written will be no less agreeable to your
Excellency, than I am sure it is consistent with the desire
and disposition of my constituents.
"As the issue of this measure will in a great degree
ascertain the expectations which Congress entertain from
their negotiations here, and as they flatter themselves with
receiving information on this subject by the return of Major
Franks, they will doubtless excuse my detaining him another
week, unless your Excellency should sooner be enabled to
communicate to me his Majesty's pleasure relative to the
proposed treaty.
"Permit me to entreat your Excellency, therefore, to enable
me to transmit by him such intelligence to Congress, as may
relieve them from their present distressing doubts and
uncertainties.
"I sincerely hope it may be such as may make them happy in a
prospect of soon seeing an intimate and lasting union
established between France, Spain, and the United States, a
union which, by being raised on the solid foundation of
mutual interest and reciprocal advantages, may secure to each
the blessings of uninterrupted tranquillity. This generous
policy pervades the treaties already formed between his Most
Christian Majesty and the United States, and I am happy in
being persuaded, that the magnanimity of his Catholic
Majesty's conduct towards my country, on this and other
occasions, will furnish materials for some bright pages in
the American annals.
"I have the honor to be, Sir, &c.
JOHN JAY."
Here follow the propositions alluded to, and sent enclosed in the
preceding letter.
"St Ildefonso, September 22d, 1781.