You will doubtless think with me it was very extraordinary, that the

Minister should not have received my letter sent him yesterday by the

Court courier. Why and by whose means it was kept back can only be

conjectured. Had not the Ambassador's application supplied the want of

it, a pretext for the Minister's silence would thence have arisen. The

letter did not in fact miscarry, for the Minister afterwards received

it. The Minister's caution in making his becoming engaged for the

advances in question to depend on M. Cabarrus' persisting in the same

dispositions he had lately declared, relative to the time he would be

content to wait for a reimbursement, is somewhat singular, considering

that his offers on that head had been repeatedly and explicitly

communicated to the Minister, and to the Ambassador of France, both by

him and by me. Immediately on receiving the Ambassador's letter, I

gave it to Mr Carmichael with instructions to show it to M. Cabarrus,

and bring me back his answer without delay, for I was then expecting

the notary and others with bills.

Mr Carmichael returned and informed me, that he had communicated the

letter to M. Cabarrus, and that instead of abiding by his former

offer, to be content with the Minister's engaging to see him repaid in

ten or twelve months, he insisted on being repaid in four months, in

four equal monthly payments, and those payments secured by orders on

the rents of the general post-office; and that M. Cabarrus promised

either to write or speak to the Minister about it.

A new application to the Minister became necessary, and consequently

further time and indulgence from the holders of the bills was to be

solicited.

I told the notary, that I was in treaty with M. Cabarrus for the

supplies I wanted, and that one or two articles remained to be

adjusted, which could not be done till the next day.

I therefore requested him to suspend the protest for twentyfour hours

more, and to apply to the holders of the bills for permission, adding

that near twenty of them belonged to M. Cabarrus, and that from the

friendly conduct of several of the others I had reason to flatter

myself, that they would readily consent. He seemed surprised at what I

said respecting my expectations from M. Cabarrus, and with a degree of

indignation told me, that M. Cabarrus was more pressing than any of

the others, and had already sent him two messages to conclude the

matter with me without delay, that he had received one of the messages

the day before, and the other that morning. He nevertheless cheerfully

undertook to obtain permission from the holders of the bills to wait

till the next afternoon, and succeeded in it.

The next morning, viz. the 16th of March, I waited upon the

Ambassador. I mentioned to him these several facts, and told him, that

my hopes from M. Cabarrus were at an end, for that exclusive of other

circumstances it was not probable that, considering his lucrative

connexions with government, he would risk treating the promise of the

Minister, made in consequence of his own offer, with so little

respect, as to demand such formal and unusual securities for the

performance of it, unless there had been some previous concert, or

indirect management in the case. The Ambassador declined assenting to

this opinion. He promised to see the Minister, with whom he was that

day to dine, and to send me his positive and final answer by four

o'clock in the afternoon.

Having prepared the draft of a protest, I thought it would not be

amiss to show it to the Ambassador. He returned it to me without

making any other remark, than that it was rather pointed.

From the Ambassador's I went to M. Cabarrus'; he had not been at the

Pardo, and was then at a meeting of merchants, to whose consideration

his plan of a bank had been referred.

The Ambassador went to the Pardo and mentioned the matter to the

Minister, who replied briefly, "that affair is already arranged with

M. Cabarrus," but the Chevalier de Bourgoing, having been desired to

bring back a decided answer, applied to M. Del Campo on the subject,

who told him, "that they could not possibly comply with M. Cabarrus'

terms; that he had written so that morning to M. Cabarrus by a private

courier, and that in the evening the Minister would repeat it to him

officially." On the Chevalier's mentioning this to the Ambassador, he

was clearly of opinion that I had not any resource left, and,

therefore, that the bills must be protested, and that the Chevalier

should tell me so. I showed the protest, as translated into Spanish by

M. Gardoqui, to the Chevalier. The original in English is as follows.

"Mr Jay says, that when he accepted the bills hereunto annexed, he had

good reason to expect to be supplied with the funds necessary to pay

them. That he has been disappointed in the expectations he was

encouraged to entertain on this subject, and that his endeavors to

obtain moneys for the purpose both here and elsewhere have been

unsuccessful, although the bills which remain to be paid by him,

together with all his other engagements, do not exceed twentyfive

thousand pounds sterling. That these disappointments being unexpected,

he cannot, for want of time, have recourse to Congress, and,

therefore, finds himself reduced to the mortifying necessity of

permitting them to be protested."

The Chevalier approved of the protest, but the notary on reading it

observed, that the sum was really so trifling, that he thought it

would do better to strike it out. The Chevalier was struck with this

remark, and advised me with some earnestness to make no mention of the

sum, for, said he, "it will appear very extraordinary, that you should

be obliged to protest the bills of Congress for the want of such a

sum, and people will naturally turn their eyes towards France, and ask

how it happened that your good allies did not assist you; it will look

as if we had deserted you."

I replied, that since the bills must be protested, I was content that

my true situation should be known. I admitted his inferences to be

just, and naturally flowing from the facts, adding, that as France

knew my situation and had withheld relief, she had so far deserted us;

but that I was, nevertheless, mindful of the many proofs we had

received of her friendship, and should not cease to be grateful for

the ninetynine acts of friendship she had done us, merely because she

had refused to do the hundredth.

In short, I directed the notary to recite this protest _verbatim_.

This protest was drawn at my leisure, and with much consideration. It

operated as I expected, and I am persuaded you will see the reason of

each sentence in it without the aid of my comments. I will only

remark, that I was at first induced to insert, and afterwards to

refuse striking out the sum, lest from leaving it uncertain, the

public might have had room to conjecture, or individuals to insinuate,

that I had imprudently run into such rash and expensive engagements,

as to render it improper for Spain or France to afford me the

necessary supplies.

Nor did it appear to me that both of them should have reason to be

ashamed of permitting our credit to be impeached and injured for such

an unimportant sum. Both Courts were blamed, and we not only

acquitted, but pitied by the public.

I ought to inform you, that the sum which I really wanted did not

amount to twentyfive thousand pounds, but as some straggling bills

frequently made their appearance, and it could not be foreseen how

much those which might still be behind would amount to, I thought it

advisable to make a considerable allowance on that score; for in case

I should have asked for less than might afterwards have proved

indispensable, I should, doubtless, have been put to great

difficulties in obtaining a supply for the deficiency.

In justice to the bankers who held the protested bills, I must say

that they in general appeared disposed to show me every reasonable

indulgence. The house of Joyes and Sons, though considered as

anti-American, were particularly civil. They offered to take such of

the bills as had been remitted to them on themselves, provided I would

only pass my word for the payment of them within a few weeks; but as I

had no assurance of funds, I could not risk it. Besides, unless all

the bills due could have been suspended on the like terms, it could

have answered no purpose, because the difference of protesting a few

bills more or less was unimportant. The conduct of Don Ignacias

Salaia, the notary, was so particularly and singularly generous, that

I cannot forbear mentioning it. Though without expectations, and

uninfluenced by promises from me, he behaved as if the case had been

his own, and proved the sincerity of his professions by doing

everything in his power to serve me. On perceiving how much he was

engaged in my favor, I did not choose to lessen the appearance of its

being disinterested by promises of rewards. But after the bills were

protested, and he could be of no further use, I sent him a gold piece

of sixteen dollars, as an acknowledgment for the trouble I had given

him. He returned it with an assurance, that he wished to serve me from

other motives, and the next day waited upon me to thank me for that

mark of attention, and again to assure me that his best services were

always at my command.

When the bills were protested, and M. Cabarrus' conduct mentioned in

his presence, the poor fellow literally shed tears. I was much

affected by the warmth and generosity of this man's heart, and should

not have readily pardoned myself, had I neglected to bear this

testimony to the goodness of it.

During the whole time that this matter was in agitation, that is from

the 11th to the 16th of March, and for sometime afterwards, M.

Cabarrus did not come near me.

On the 18th I wrote a letter to Dr Franklin informing him of the

protest, and reciting the reasons assigned for it. I also hinted the

propriety of taking up the bills at Paris, if possible.

The national pride of the Ambassador of France was hurt by this event;

I am sure he regretted it as disreputable and impolitic. I remarked to

him, that most of our cross accidents had proved useful to us, and

that this might save us the Mississippi. For I thought it more prudent

to appear a little incensed than dispirited on the occasion. I suspect

that there has been an interesting conversation between the two Courts

about us. He told me this winter, that he believed Spain wished to

modify our independence, and to keep herself in a situation to mediate

between us and England at the general peace. He did not explain

himself further. As great successes on our part must operate against

such designs, the Spanish Minister can neither rejoice in, nor be

disposed to promote them; and this may help both to account for the

little impression made by the capitulation of York, and for their

conduct as to our bills and propositions, &c. I am sure that they fear

us too, and the more, perhaps, as they have misbehaved towards us.

Not many days elapsed before a special courier from Paris brought

advices to this Court, that the British Parliament had resolved to

advise the King to cease all offensive operations against us, &c.

This, and the subsequent debates and resolutions of Parliament

relative to the American war, made a deeper impression here in our

favor than any event which has happened since my arrival. New ideas

seemed to pervade the whole Court and people, and much consultation as

well as surprise was occasioned by it.

On the 26th of March I received the following letter from Dr Franklin,

from the hands of M. Cabarrus, to whom I behaved, on that occasion,

with reserved and cold politeness.

"Passy, March 16th, 1782.

"Dear Sir,

"I have received your several favors of January 30th, February 11th

and March 1st, and propose to write fully to you by the next post. In

the meantime this line may serve to acquaint you, that I paid duly all

your former bills drawn in favor of M. Cabarrus, and that having

obtained a promise of six millions for this year, to be paid me

quarterly, I now see that I shall be able to pay your drafts for

discharging the sums you may be obliged to borrow for paying those

upon you, in which however I wish you to give me as much time as you

can, dividing them so that they may not come upon me at once. Interest

should be allowed your friends who advance for you. Please to send me

a complete list of all the bills you have accepted, their numbers and

dates, marking which are paid, and what are still to pay.

"I congratulate you upon the change of sentiments in the British

nation. It has been intimated to me from thence, that they are willing

to make a separate peace with us exclusive of France, Spain, and

Holland, which so far as relates to France is impossible; and I

believe they will be content that we leave them the other two; but

Holland is stepping towards us, and I am not without hopes of a second

loan there. And since Spain does not think our friendship worth

cultivating, I wish you would inform me of the whole sum we owe her,

that we may think of some means of paying it off speedily.

"With sincerest regard, I am, &c. &c.

B. FRANKLIN.

"_P. S._ The Marquis de Lafayette has your letter."

I answered this letter as follows, by a French courier.

"Madrid, March 19th, 1782.

"Dear Sir,

"On the 18th instant I informed you of my having been reduced, by M.

Cabarrus' want of good faith, to the mortifying necessity of

protesting a number of bills, which were then payable.

"Your favor of the 16th instant reached me three days ago. It made me

very happy, and enabled me to retrieve the credit we had lost here by

those protests. I consider your letter as giving me sufficient

authority to take the necessary arrangements with the Marquis d'Yranda

for paying the residue of my debts here, as well as such of the

protested bills as may be returned for that purpose.

"The account you request of all the bills I have accepted is making

out, and when finished shall be transmitted by the first good

opportunity that may offer. You may rely on my best endeavors to

render my drafts as little inconvenient to you as possible.

"The British Parliament, it seems, begin to entertain less erroneous

ideas of us, and their resolutions afford a useful hint to the other

powers in Europe. If the Dutch are wise, they will profit by it. As to

this Court, their system (if their conduct deserves that appellation)

with respect to us has been so opposite to the obvious dictates of

sound policy, that it is hard to divine whether anything but

experience can undeceive them. For my part, I really think that a

treaty with them daily becomes less important to us.

"That Britain should be desirous of a separate peace with us is very

natural, but as such a proposal implies an impeachment of our

integrity, I think it ought to be rejected in such a manner as to show

that we are not ignorant of the respect due to our feelings on that

head. As long as France continues faithful to us, I am clear that we

ought to continue hand in hand to prosecute the war until all their,

as well as all our, reasonable objects can be obtained by a peace, for

I would rather see America ruined than dishonored. As to Spain and

Holland, we have as yet no engagements with them, and therefore are

not obliged to consult either their interest or their inclinations,

further than may be convenient to ourselves, or than the respect due

to our good allies may render proper.

"France, in granting you six millions, has acted with dignity as well

as generosity. Such gifts, so given, command both gratitude and

esteem, and I think our country possesses sufficient magnanimity to

receive and remember such marks of friendship with a proper degree of

sensibility. I am pleased with your idea of paying whatever we owe to

Spain. Their pride, perhaps, might forbid them to receive the money.

But our pride has been so hurt by the littleness of their conduct,

that I would in that case be for leaving it at the gate of the palace,

and quit the country. At present such a step would not be expedient,

though the time will come when prudence, instead of restraining, will

urge us to hold no other language or conduct to this Court than that

of a just, a free, and a brave people, who have nothing to fear from,

nor to request of them.

"I am, &c. &c.

JOHN JAY."

On receiving Dr Franklin's letter I sent for my good friend the

notary, and desired him to make it known among the bankers, that I had

received supplies equal to all my occasions, and was ready to pay to

every one his due. He received the commission with as much pleasure

as I had the letter. He executed it immediately, and our credit here

was re-established.

M. Cabarrus became displeased with himself, and took pains to bring

about a reconciliation by the means of third persons, to whom I

answered, that as a Christian I forgave him, but as a prudent man,

could not again employ him. As this gentleman has suddenly risen into

wealth and importance, and is still advancing to greater degrees of

both, I shall insert a letter, which I wrote in reply to one from him

on the subject.

TO M. CABARRUS.

"Madrid, April 2d, 1782.

"Sir,

"I have received the letter you did me the honor to write on the 29th

of March last.

"As soon as the examination of your accounts shall be completed, I

shall be ready to pay the balance that may be due to you, either here

or by bills on Paris.

"I should also be no less ready to subscribe a general approbation of

your conduct, if the latter part of it had been equally fair and

friendly with the first.

"Although it always affords me pleasure to recollect and acknowledge

acts of friendship, yet, Sir, I can consider only one of the five

instances you enumerate as entitled to that appellation. I shall

review them in their order. You remind me,

"1st. _That you risked the making me considerable advances, at a time

when I could only give you hopes, and not formal assurances of

repayment._

"I acknowledge freely and with gratitude, that (exclusive of the

commissions due to you for paying out the various sums I had placed in

your hands) you did advance me between twenty and thirty thousand

dollars; but as the United States of America were bound to repay it,

and I had reason to expect supplies to a far greater amount, I

conceived, and the event has shown, that you did not run any great

risk, although the uncertainty of the time when these supplies would

be afforded, prevented my giving you positive and formal assurances of

the time and manner of repayment.

"2dly. _That you augmented these advances to quiet the demands of the

Marquis d'Yranda._

"Permit me to remind you, that this circumstance might have been more

accurately stated. The fact was as follows. I had received about fifty

thousand dollars, which, by a prior contract, I had agreed to pay the

Marquis on account of a greater sum borrowed from him in paper. The

sum in question was in specie. You and others offered to exchange it

for paper at the then current difference. The preference was given to

you. Under that confidence, and for that express purpose, the specie

was sent to your house, and you did exchange it accordingly. With what

propriety, Sir, can you consider this transaction in the light of

making advances, or lending me money to quiet the Marquis d'Yranda? It

is true that by sending the money to your house I put it in your

power, by detaining part of it, to repay yourself what you had before

advanced. But, Sir, such a proceeding would have been a flagrant

breach of trust; and I cannot think any gentleman ought to give

himself, or expect to receive, credit for merely forbearing to do a

dishonorable action.

"3dly. _That you gave me, on my signature, the money for which I

applied to you for my personal use, without detaining any part of it

on account of the balance then due to you._

"The transaction you allude to was as follows. I had authority to draw

from his Excellency, Dr Franklin, on account of my salary. It happened

to be convenient to me to draw for a quarter. You agreed to purchase

my bill on him, and to pay me in specie at the current exchange. As it

was post day, I signed and sent you the bill before I had received the

money. These are the facts, and it seems two favors are to be argued

from them. First, that you did not scruple my signature, or in other

words, that you took my bill. To this I answer, that you had no reason

to doubt its being honored. All my former ones had been duly paid. Nor

could you or others produce a single instance, in which my signature

had not justified the confidence reposed in it. Secondly, that by

sending you the bill before you had sent me the money for it, I gave

you an opportunity of keeping the money, and giving my public account

credit for it, and that in not taking this advantage you did me a

favor.

"After having agreed to purchase this bill, and pay me the money for

it, you could have no right to detain it. And surely, Sir, you need

not be informed, that there is a wide distinction between acts of

common justice and acts of friendship. I remember that there was then

but little demand for bills on Paris, and so far as you may have been

induced to take this one, from regard to my convenience, I am obliged

to you.

"4thly. _That by your agency you accelerated the payment of the

twentysix thousand dollars._

"I really believe, Sir, that you did accelerate it, and you would

have received my thanks for it, if the unusual and very particular

manner, in which the order for that payment was expressed, had not

been less consistent with delicacy, than with those improper fears and

apprehensions, which the confidence due to my private as well as

public character, ought to have excluded from your imagination. All

the preceding orders, which had been given on similar occasions,

directed the money to be paid to me. But in this instance, as I owed

you a considerable balance, care was taken that the twentysix thousand

dollars should not, as formerly, be paid to me, but to you on my

account.

"5thly. _That you offered to make me further advances, if either the

Ambassador of France or the Minister of State would give you a

positive order for the purpose, which you say they constantly

refused._

"It is true, Sir, that you offered to supply me with money to pay my

acceptances for the month of March, provided the Minister of State or

the Ambassador of France would engage to see you repaid with interest,

within a certain number of months, sometimes saying that you would be

content to be repaid within seven months, and at others within ten or

twelve months, and you repeated this offer to me in these precise

terms on the 11th of March last.

"This offer was friendly. I accepted it with gratitude, and in full

confidence that you would punctually perform what you had thus freely

promised. I accordingly made this offer known to the Minister, and

solicited his consent. On the 15th day of March he authorised the

Ambassador of France to inform me, that you might advance me from

forty to fifty thousand current dollars on those terms. The

Ambassador signified this to me by letter, and that letter was

immediately laid before you. Then, Sir, for the first time, did you

insist on being repaid in four months, and that in four equal monthly

payments, secured by orders on the rents of the post-office, or on the

general treasury, &c. &c. These terms and conditions were all new, and

never hinted to me in the most distant manner until after the Minister

had agreed to your first offer, and until the very moment when the

holders of the bills were demanding their money, and insisting that

the bills should either be paid or protested.

"The Minister rejected these new conditions, and you refused to abide

by the former ones. The bills were then due. I had no time even to

look out for other resources, and thereby was reduced to the necessity

of protesting them.

"Such conduct, Sir, can have no pretensions to gratitude, and affords

a much more proper subject for apology than for approbation. I confess

that I was no less surprised than disappointed, and still remain

incapable of reconciling these deviations from the rules of fair

dealing, with that open and manly temper which you appear to possess,

and which I thought would insure good faith to all who relied on your

word.

"How far your means might have failed, how far you might have been

ill-advised, or ill-informed, or unduly influenced, are questions,

which, though not uninteresting to you, are now of little importance

to me.

"I acknowledge with pleasure, that until these late singular

transactions I had reason to believe you were well attached to the

interests of my country, and I present you my thanks for having on

several former occasions endeavored to promote it.

"I am, &c. &c.

JOHN JAY."

As M. Cabarrus was concerned in contracts with government for money,

and was the projector of several of their ways and means for supplying

the Royal Treasury, it appeared to me expedient that he should wish us

well, and be our banker. Some advantages have arisen from it, and they

would probably have been greater, if not opposed by the great and

unfriendly influence of M. Del Campo. At the same time that I blame M.

Cabarrus, I cannot but pity him, for there is much reason to consider

him in the light of the _scape goat_.

I have now employed Messrs Drouilhet to do our business; that house is

one of the most considerable here in the banking way.

The Diplomatic Correspondence of the American Revolution, Vol. 08 · 第 7 / 36 段