how far it may be expedient to ground demands on the right we have to
a compensation for our share of the burden and expense of the war, if
the issue should be as favorable as we have reason to expect. Our
strength is so much underrated in Europe, that you will find it proper
to represent it as it really is. Our regular army, including the
French troops, will consist of about ---- men. They are well
disciplined, clothed, and fed; and having for the most part seen seven
years' hard service, I believe they may be counted equal to any troops
in the world. Our militia are in excellent order, and chiefly
disciplined by officers who have left the regular service. While the
army lies in the middle States, it can in ten or fifteen days receive
a reinforcement of ---- men for any particular service. Facts, that
you can easily call to mind, will evince that any deficiency in the
regular troops is amply made up by this supply. These are loose hints
by no means directory to you. Congress mean as little as possible to
clog you with instructions. They rely upon your judgment and address
to reconcile whatever differences may appear to be between the views
of Spain, and the interests of these States.
I have the honor to enclose an important resolution, which I fear to
put in cypher, both because you seem to be at a loss about your
cypher, and because it would be of little use, considering the
accident which you say has happened to it.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
Madrid, April 28th, 1782.
Dear Sir,
My letter to his Excellency, the President of Congress, of the 3d of
October last, of which a copy has also been since sent, contained a
full and accurate account of their affairs here. Many minute and not
very interesting details of little difficulties were omitted, and
among others, those which arose from my having no funds for the bills
payable in October and November, &c. &c. The experience I had gained
of the disposition of this Court, and the delays which attend all
their decisions and operations, induced me to consider my obtaining
timely supplies from hence as very uncertain. I therefore wished to
have an occasional credit from Dr Franklin, to be made use of as
necessity might require, and, for that purpose, wrote him the
following letter on the 10th of September, viz.
TO DR BENJAMIN FRANKLIN.
"St Ildefonso, September 10th, 1781.
"Dear Sir,
"My last to you was of the 20th day of August last, by Dupin, the
French Ambassador's courier. Major Franks, with despatches from
Congress, and from Mr Robert Morris, is now with me, and will proceed
to Passy as soon as I shall be enabled to write to him.
"He will bring you a copy of Mr Morris's letter to me, from which you
will see the present state of American finances, and the measures he
is prosecuting to ameliorate them. My former letters mentioned my
apprehensions, that many more bills had been drawn upon me, than those
for which the sum you authorised me to draw upon you for would
satisfy. Near seventy thousand dollars will be wanted to pay those
which have since arrived, and although I cannot think it improbable
that provision may here be made for at least a part of that sum, yet
the delays which usually attend operations of this kind render it
highly necessary, that occasional resources be elsewhere had.
"This consideration, so far as it applies to the payments to be made
in the two succeeding months, obliges me again to recur to you.
"The sanguine expectations entertained by our country from the
appointment of Mr Morris, his known abilities, integrity, and
industry, the useful reformations he has begun, and the judicious
measures he is pursuing abroad, as well as at home, afford reason
to hope, that under his direction American credit will be
re-established, and the evils which have long threatened us on that
head avoided.
"It will be useless, therefore, to remark, how important it is to
prevent our credit from receiving a deep additional wound at the very
moment when so much is doing to recover it. The protest of any of our
public bills for want of payment would at this period be more
injurious than heretofore, and unless again saved by you, that cruel
necessity must take place with respect to those on me. Besides, as the
singular policy of drawing bills without previous funds will now be
relinquished, we have reason to flatter ourselves, that we shall in
future have no embarrassments of this kind to struggle with. I am well
persuaded, that Mr Morris will not pursue such hazardous and
unprecedented measures, and, therefore, as in all human probability
the present difficulties will be all that we shall have to surmount, I
hope you will think with me, that the utmost exertions should be made
for the purpose, and that after having done so much to save the credit
of American bills, you will still be disposed to do everything in your
power to put it out of danger.
"When it will be in my power to replace the sums drawn from you, is
hard to divine. All I can say or do is to assure you, that nothing but
want of ability shall delay or prevent it.
"When I consider how much might have been saved, had my bills on you
been sold to those who would have taken them on the best terms, I
cannot forbear thinking, it would be advisable to give me only general
authority to draw for such sums as I may want, not exceeding the one
you may limit.
"The sum wanted for October is twelve thousand five hundred and
sixtyseven dollars, and for November three thousand and six hundred.
"I particularise only the payments due in these two months, because,
before the first of December, I hope my expectations from other
quarters will at least be ascertained.
"I am, Dear Sir, with great and sincere regard and esteem, your
obliged and obedient servant,
JOHN JAY.
"_P. S._ The Marquis d'Yranda has received a letter from Mr Grand,
informing him that no more bills are to be drawn upon you by me
without further order. I am a little at a loss to determine whether
this restriction is intended to extend to the balance, which remains
of the twentyfive thousand dollars allotted for the payment of the
bills at two months' sight, and for which I was only to draw as
occasion might require.
"Lest my having refused to accept some bills drawn upon me by
Congress, should give rise to reports prejudicial to their credit, I
transmit herewith enclosed a state of that case; you will be pleased
to make such use of it, as circumstances may render necessary. I gave
a copy of it to the gentleman who presented the bills, and desired
that it might be recited at large in the protest.
J. J."
It was not till after several of the bills due in October had become
payable, that I received the Doctor's friendly answer of the 29th of
September, in which he permitted me to draw for the sum requested; so
that had not M. Cabarrus, my banker, consented to make the necessary
advances, I should have been extremely embarrassed, for, as I before
apprehended, any reliance for immediate though small supplies from
this Court would have proved delusive.
This credit from Dr Franklin enabled me to see our bills duly paid for
two months, and I had some faint hopes that before the month of
December should arrive with further bills, the intention of this Court
on the subject of supplies might be ascertained.
I will now proceed to resume the narrative of our affairs here from
the date of my abovementioned letter to the President, of the 3d of
October last, confining myself to such matters as appear to me
necessary to enable you to form a just and clear idea of my
negotiations.
My letter of the 3d of October mentions my having been then lately
promised, that a person should be appointed to confer with me, as well
on the subject of my propositions for a treaty as on that of my
application for aids, and that his instructions should be completed
before the Court should remove from St Ildefonso to the Escurial,
which was soon to take place.
This communication was made to me on the 27th of September, and, lest
pretext for delay might arise from my absence, I determined to remain
at St Ildefonso until the Court should be on the point of leaving it.
On the 5th of October I found that no further progress in our affairs
was to be made before the Court should be settled at the Escurial, to
which they were then preparing to go. I therefore concluded to return
to Madrid, and, with the approbation of the Ambassador of France, I
wrote the following note to the Minister, viz.
"Mr Jay presents his compliments to his Excellency, the Count de
Florida Blanca, and has the honor of informing him that he purposes
to return to Madrid tomorrow, and will with pleasure attend his
Excellency's orders at the Escurial, as soon as it may be convenient
to his Excellency to render his presence there necessary.
"_St Ildefonso, October 5th, 1781._"
To this I received the following answer.
Translation.
"The Count de Florida Blanca presents his compliments to Mr Jay, and
wishes him a pleasant journey. He will write to him as soon as he can
say anything positive on the subject of his last note. _October 5th,
1781._"
Four days afterwards the Count sent me a complaint against Commodore
Gillon, of the South Carolina frigate, then lying at Corunna, and I
insert copies of the papers which passed between us on that occasion,
not only because I ought to give an account of all interesting public
transactions, but also that my conduct on this occasion may stand
contrasted with that of the Minister on some other similar ones.
_Recital of a Complaint exhibited by the Count de Florida Blanca
against Commodore Gillon._
Translation.
"An American vessel of war has arrived at Corunna, having on board two
soldiers, deserters from the Irish regiment of infantry. The commander
of the Province having claimed them, the captain refuses to deliver
them up on any pretext whatever, pretending, among other reasons, that
all his equipage belongs to his Most Christian Majesty. This is not at
all probable, for if the officers and crew were subjects of France,
it would have been improper to pass off the vessel for a frigate of
the United States, under the American flag. Besides, these deserters
having fled to a French vessel of war, to the demand of their
surrender by the Spanish commander, it was replied on the word of
honor of the captain, that they were not on board; so that, supposing
the frigate to be a French ship, there is reason to suppose that they
would have been surrendered.
"The Count de Florida Blanca has thought it necessary to inform Mr Jay
of these facts, in the full persuasion that he will have the goodness
to write by the first post to the captain, in such terms as to induce
him to surrender the deserters; it shall be understood, that they
shall not be punished, and shall finish their engagements in their own
corps, or in some other better paid.
"Mr Jay is too reasonable not to grant that it would be unjust for a
vessel to appear in a port, solely to require and receive all sorts of
attentions and marks of respect, (without any previous claim or
engagement) and at the same time to refuse and deliver up any
subjects, which it should have on board, of the sovereign of the
country in whose name all these tokens of respect have been rendered.
"_October 8, 1781._"
ANSWER TO THE ABOVE.
"Madrid, October 9th, 1781.
"Sir,
"The letter which your Excellency did me the honor to write on the 8th
instant arrived this morning. I consider myself much obliged by the
communication of the facts mentioned in it, especially as it affords
me an opportunity of manifesting to his Majesty and to Congress my
attention to his rights and to their orders.
"I perfectly agree in sentiment with your Excellency respecting the
impropriety of detaining on board the American frigate at Corunna, the
two men claimed by the commandant there, as deserters from one of his
Majesty's regiments.
"Your Excellency's remarks on this subject are no less delicate than
just; and your assurance that these men shall not be punished renders
a compliance with the requisition to deliver them up no less
consistent with humanity than with justice.
"It gives me pleasure to confess, that the hospitable reception given
to American vessels in the ports of Spain gives his Majesty a double
right to expect, that their conduct should at least be inoffensive. In
the present case, (as stated in your Excellency's letter) I am fully
convinced of the justice of this demand, that I should not hesitate to
comply with it, even though made on a similar occasion by the Court of
Portugal, from whose affected neutrality we suffer more evils, than we
should experience from any open hospitality she is capable of
executing.
"Agreeably to your Excellency's desire, I have written a letter (of
which the enclosed is a copy) to the commanding officer of the frigate
in question; and as the manner in which your Excellency's letter to me
treats this subject cannot fail making agreeable impressions on
Americans, I shall take the liberty of sending a copy of it to
Congress, as well as to the abovementioned officer.
"I cannot omit this opportunity of expressing my acknowledgments for
your Excellency's promise to write to me from the Escurial, as soon as
you shall be in a capacity to speak positively on the subject of my
late letter. Permit me only to remark, that the season wears away
fast, and that Congress must be extremely anxious to hear that the
delays, which have so long kept them in a disagreeable state of
suspense, are finally and happily terminated.
"I have the honor to be, &c.
JOHN JAY."
The letter written to the commanding officer of the frigate, a copy of
which was furnished to the Count de Florida Blanca, is as follows.
TO COMMODORE GILLON.
"Madrid, October 9th, 1781.
"Sir,
"The paper herewith enclosed is a copy of a letter which I received
this morning from his Excellency, the Count de Florida Blanca, his
Catholic Majesty's Principal Secretary of State, and Minister for
Foreign Affairs.
"You will perceive from it that two men on board your frigate are
claimed by this government, as deserters from one of his Majesty's
Irish regiments of infantry; and that you are said to have refused to
deliver them up, because, among other reasons, your crew are the
subjects of his Most Christian Majesty.
"If the men in question are citizens of one or other of the United
States of North America, and admitted to be such, refusing to deliver
them up, as deserters from the service of Spain, may be proper,
because while their own country is at war, they cannot without her
consent enter into the service of any other power.
"If they are Spaniards, then they are the subjects of his Catholic
Majesty, and ought not to be withheld from him.
"If they are foreigners, in that case whatever right they might have
to enter into the American service, they certainly had an equal one to
enter into that of Spain; and if they had previously engaged with the
latter, their subsequent enlistments with you were void, and Spain
being in friendship with us has a just right to reclaim them.
"If they deny their having enlisted in the Spanish service, still like
all other foreigners who come into this kingdom they ought to submit
to the justice of the country, and you ought not to screen them from
it, especially as it cannot be presumed that the charge made against
them is destitute of probability.
"As to the circumstance of your crew's being subjects of the King of
France, I cannot think that any argument to justify your detaining
them can be drawn from it. For admitting them to be French subjects,
yet as it may be lawful for them (Spain and France being allies) to
enter into the service of Spain, the right of Spain to enlist must
necessarily involve a right to compel obedience, and also to retake
and punish deserters. Besides, as any questions about the legality of
such enlistments concern only those two crowns, Americans cannot with
propriety interfere.
"In whatever light I view this affair, I cannot perceive the least
right that you can have to detain these men, after having been thus
formally and regularly, demanded by proper authority, as deserters
from the service of his Catholic Majesty.
"You may observe that I treat this subject merely as a question of
justice, arising from that general law, which subsists and ought to be
observed between friendly nations.
"I forbear making any remarks on the impolicy of your persisting to
detain these men. I hope never to see America do what is right merely
because it may be convenient. I flatter myself that her conduct will
uniformly be actuated by higher and more generous principles, and that
her national character will daily become more and more distinguished,
by disinterested justice and heroic magnanimity.
"I shall take the earliest opportunity of transmitting a particular
state of this affair to Congress, and I cannot doubt but that your
conduct will merit their approbation, by being perfectly consistent
with a just regard to the dignity and rights of a sovereign, who has
acted not only justly but generously towards our country.
"If your reluctance to deliver up those men should have arisen from an
apprehension of their suffering the punishment, which on conviction
would be due to their offences, that reluctance ought now to cease,
because his Excellency, the Minister, has been pleased to assure me,
that they shall not be punished, but only obliged to fulfil those
engagements, which they ought to have honestly performed instead of
deserting.
"In short, Sir, although on the one hand, I will never advise or
encourage you to violate the rights of the meanest man in the world,
in order to answer political purposes; yet on the other, I shall
always think it my duty to advise and encourage both you and others to
render unto Cæsar whatever may belong unto Cæsar.
"I am, &c.
JOHN JAY."
In answer to this letter, the Commodore wrote me one, which, according
to the state of facts mentioned in it, showed that the charge against
him was precipitate, and, as he in that letter predicted, I have never
since heard anything further from the Minister on the subject.
You may recollect, that copies of certain letters from Colonel Searle
and Mr Gillon, which I had just received, were subjoined to my letter
of the 3d of October last. These letters were soon followed by several
others. Colonel Searle's representations against the Commodore's
conduct were very strong, and tended to create an opinion, that the
ship and public stores on board of her were in danger. He desired me
to send some person to Corunna, with proper instructions on the
subject, and as an additional inducement offered to transmit to me
through him some important information, which had been confidentially
communicated to him in Holland by Mr Adams, and which he did not
choose to hazard by a common conveyance.
Considering the nature of these representations, and the limits and
objects of my commission and instructions, it became a difficult
question how far I ought, and in what manner I could interfere. I
finally judged it would not be improper to send Mr Carmichael down
with instructions to make a full inquiry into the facts alleged
against the Commodore, and to use my influence with this government to
stop the vessel for the present, in case on such inquiry there should
arise a very strong presumption, that such a step would be necessary
to preserve her. Mr Carmichael did not think that a business of this
kind was within the duty of his appointment, and he doubted his being
able to ride post so far. This was a delicate business, and the
management of it could with propriety be only committed to one, in
whose prudence and circumspection much confidence might be reposed. It
would have been improper for me to have undertaken it, because I could
not justify exposing by my absence our negotiations for aids and a
treaty to unseasonable delays.
Soon afterwards I received a very long exculpatory letter from the
Commodore. This letter placed his transactions in a different point of
view, and inclined me to think that the proposed interposition on my
part would have been unnecessary.
I forbear burthening these despatches with copies of the various
letters I have received and written on this subject, as well because,
as they relate to transactions in Holland and France, with the public
agents and Ministers in those countries, they are not properly within
my province, as because they contain nothing of sufficient importance
to make it necessary for me again to send further copies.
You will be pleased to observe, that my last letter to the Minister
was dated the 9th of October, and that there is a paragraph in it
soliciting his speedy attention to the affairs on which he had
promised to write to me. I received no answer. Some weeks elapsed and
the same silence continued.
I consulted the Ambassador of France, as to the propriety of my going
to the Escurial, and endeavoring to prevail upon the Minister to
proceed in our affairs, observing that the measures of Spain, with
respect to us, might be important if not to this, yet to the next
campaign, and that the sooner they were decided, the better enabled
Congress would be to regulate their future operations. He was of
opinion, that as the Minister had promised to give me notice of the
time when he would be able to transact these affairs with me, it would
be most prudent to wait with patience somewhat longer, and not by an
appearance of too great solicitude, to give him uneasy sensations. All
things considered, this advice appeared to me discreet, and I followed
it.
Thus the month of October produced nothing but expectation, suspense,
and disappointment.
About this time M. Gardoqui mentioned to me a singular ordinance which
occasioned, and is explained in the following letter from me to the
Minister, viz.
"Madrid, October 28th, 1781.
"Sir,
"M. Gardoqui informs me, that his Majesty was pleased in the month of
March last to order, 'that when a prize taken by a French or Dutch
vessel should arrive in a port of Spain, the Marine Judge of the
District should reduce to writing the evidence of the capture, and
deliver it to the French or Dutch consul, (as the case might be) to be
by him transmitted to the Admiralty, from whence the commission of the
captors issued in order that the legality of the capture might there
be tried; and further, that the sentence which might there be passed
should, on being duly certified to the aforesaid judge, be executed
under his direction.' I am also informed, that on the 12th instant,
his Majesty was pleased to extend the abovementioned order to prizes
taken by American vessels of war, and sent into any of the ports of
Spain.
"So far as this order affects the United States of America, I take the
liberty of representing to your Excellency, that the execution of it
will necessarily be attended with the following inconveniences.
"1st. The distance of America from Spain is so great, and the
intercourse between the two countries rendered so precarious by the
war, that many months must unavoidably elapse before the sentence of
an American Court of Admiralty can be obtained and executed here.
"2dly. That by these delays all cargoes, or parts of cargoes, which
may be of a perishable nature, will be lost, and the value of the
vessel and rigging greatly diminished.
"3dly. That as his Majesty has not as yet been pleased to grant the
United States the privilege of having consuls in his ports, it is not
in their power to provide for the transmission of the evidence of
captures, in the manner specified in the abovementioned order.
"4thly. That in case the prize should be claimed as a neutral vessel,
the claimants must either prosecute their claim in America, or the
sentence given there could not be influenced by it; and yet it is more
probable, that those claimants would endeavor to avoid that expense
and trouble, by applying here for an order to suspend the execution of
the sentence, as well as for a trial of the merits of their claim by a
Spanish tribunal. In which case the same cause would become subject to
two jurisdictions, and tried by two different independent courts, in
two different countries.
"This order not being published, it is possible, that my information
respecting it may not be right in all its parts; though I have reason
to believe from the usual accuracy of M. Gardoqui, (from whom I
received this information) that I am not mistaken.
"There is at present an American prize at Bilboa, and all judicial
proceedings respecting it are now at a stand.
"The importance of this subject to the United States, and in some
measure to the common cause, will I hope apologize for my troubling
your Excellency with these remarks, and for requesting, that the
embarrassments in question may be removed, in such a manner as may be
most agreeable to his Majesty.
"I have the honor to be, &c.
JOHN JAY."