I showed Dr Franklin's letter to the Ambassador of France, and made

him my acknowledgments for the generous supply afforded by his Court

to ours. He seemed very happy on the occasion, and regretted it had

not been done a little sooner.

His secretary remarked to me, that Spain would suspect that this

subsidy had been granted in consequence of the protest of our bills,

and that this Court would make it the cause of complaint against

France.

The Court left the Pardo, and passed the Easter holidays at Madrid. I

denied myself the honor of waiting on the Minister on that occasion,

nor have I seen him since the protest of our bills. My judgment, as

well as my feelings, approved of this omission. The Court are now at

Aranjues, where I have taken a house, and purpose to go soon after

these despatches shall be completed.

On the 30th of March I was surprised by the following note, being the

first of the kind which I have received from the Minister since my

arrival.

Translation.

"The Count de Florida Blanca has been to take the orders of V. S.[2]

for Aranjues, where he hopes to have the honor of the company of V. S.

at his table, every Saturday after the 11th of May next ensuing."

This invitation is imputable to the late news from England, and the

grant of six millions by France was probably accelerated by it. Both

Courts are watching and jealous of us. We are at peace with Spain, and

she neither will nor indeed can grant us a present subsidy. Why then

should we be anxious for a treaty with her, or make sacrifices to

purchase it? We cannot now treat with her on terms of equality, why

therefore not postpone it? It would not perhaps be wise to break with

her; but delay is in our power, and resentment ought to have no

influence.

Time would secure advantages to us, which we should now be obliged to

yield. Time is more friendly to young than to old nations, and the day

will come when our strength will insure our rights. Justice may hold

the balance and decide, but if unarmed will for the most part be

treated like a blind woman. There is no doubt that Spain requires more

cessions than England, unless extremely humbled, can consent to.

France knows and fears this. France is ready for a peace, but not

Spain. The King's eyes are fixed on Gibraltar. The Spanish finances

indeed are extremely mismanaged, and I may say pillaged. If England

should offer us peace on the terms of our treaty with France, the

French Court would be very much embarrassed by their alliance with

Spain, and as yet we are under no obligations to persist in the war to

gratify this Court. It is not certain what England will do, nor ought

we to rely on the present promising appearances there; but can it be

wise to instruct your Commissioners to speak only as the French

Ministers shall give them utterance? Let whatever I write about the

French and their Ambassador here be by all means kept secret. Marbois

gleans and details every scrap of news. His letters are very minute,

and detail names and characters.

Sweden is leaning towards us, and it will not be long before the Dutch

become our allies. Under such circumstances, Spain ought not to expect

such a price as the Mississippi for acknowledging our independence.

As it is uncertain when I shall again have so good an opportunity of

conveying a letter to you as the present, I have been very particular

in this. The facts might perhaps have been more methodically arranged,

but I thought it best to state them as they arose; and though some of

them separately considered do not appear very important, yet when

viewed in connexion with others, they will not be found wholly

uninteresting.

You will readily perceive on reading this letter, that parts of it

relate to Mr Morris's department. I hope he will excuse my not

repeating them in a particular letter to him, especially as he will

readily believe, that the length of this, and the cyphers used in it,

have fatigued me a good deal.

All the cyphers in this letter are those in which I correspond with Mr

Morris, and the only ones I have received from him. They were brought

by Major Franks and marked No. 1. Several of my former letters to Mr

Thompson and you mentioned, that his cypher was not to be depended

upon. The copy of it, brought by Mr Barclay, which is the only copy I

have received of the original by Major Franks, having passed through

the post office, came to my hands with marks of inspection on the

cover.

I received, the 12th of April, a packet of newspapers, which I believe

was from your office. It was brought to Bilboa by Mr Stockholm; but

not a single line or letter from America accompanied it.

On the back of the packet there was this endorsement, "Bilboa, April

3d, 1782, brought and forwarded by your Excellency's very humble

servant Andrew Stockholm." Notwithstanding this, it was marked _Paris_

by the post office, and charged with postage accordingly, viz. one

hundred and six reals of vellon. I sent the cover to the director of

the post office, but he declined correcting the mistake. Thus are all

things managed here.

The _Courier de l'Europe_ informs us, that the English Ministry are

totally changed, and gives us a list of those who form the new one. I

think it difficult to predict how this change may eventually operate

with respect to us. I hope we shall persevere vigorously in our

military operations, and thereby not only quiet the fears and

suspicions of those who apprehend some secret understanding between us

and this Ministry, but also regain the possession of those places,

which might otherwise counterbalance other demands at a peace.

Great preparations are making here for a serious attack on Gibraltar.

The Duc de Crillon will doubtless command it. His good fortune has

been very great.

It is natural as well as just, that Congress should be dissatisfied

with the conduct of this Court; they certainly have much reason; and

yet a distinction may be made between the Ministry and the nation, the

latter being more to be pitied than blamed.

I must now resume a subject, which I did not expect to have had

occasion to renew in this letter.

You may observe from the copy of the Count de Florida Blanca's note,

containing an invitation to his table at Aranjues, and left at my

house by his servant, that it was not expressly directed to me. This

omission raised some doubt in my mind of its being intended for me,

but on inquiry I found that the other Ministers had in the same manner

received similar ones, and not directed to them by name. I mentioned

my having received it to the Ambassador of France. He told me the

Count had not mentioned a syllable of it to him. I desired him to take

an opportunity of discovering from the Count, whether or no there was

any mistake in the case, and to inform me of the result, which he

promised to do.

On the 23d of April instant, the Ambassador being then in town, I paid

him a visit. He told me, that on mentioning the matter to the Count,

he said it must have happened by mistake, for that he intended only to

ask my orders for Aranjues, but that he was nevertheless glad the

mistake had happened, as it would give him an opportunity, by

mentioning it to the King, to obtain his permission for the purpose,

and to that end desired the Ambassador to write him a note stating the

fact. The Ambassador did so, and the Count afterwards informed him,

that he had communicated it to the King, who, with many expressions of

regard for our country, had permitted him to invite me as a private

gentleman of distinction belonging to it. He authorised the Ambassador

to communicate this invitation to me, and also to inform me, that I

might bring Mr Carmichael with me.

Much conversation ensued between the Ambassador and myself, consisting

of my objections to accepting this invitation, and his answers to

them. But as we continued to differ in sentiment, and he was going

out, I agreed to think further of the matter before I gave my final

answer.

For my part I doubt there having been any mistake. I think it more

probable, that the Minister, afterwards reflecting on the use that

might be made of this note, wished to render it harmless by imputing

it to mistake, and substituting a more cautious invitation. For it can

hardly be supposed, either that his servant would, for the first time

in two years, leave such a note at my house unless ordered; or that he

himself would for the first time in his life, and that in writing,

inform me of his having called to take my orders for Aranjues, without

taking care that his amanuensis wrote as he dictated. He was probably

warmed by the news from England and Holland, and, in the perturbation

of spirits occasioned by it, was more civil than on cool reflection he

thought was expedient, especially on further considering, that the

Ambassador might not be well pleased at not having been privy to it.

A few days afterwards I wrote the Ambassador the following letter on

the subject.

"Madrid, April 27th, 1782.

"Sir,

"Be pleased to accept my thanks for the very friendly part you have

acted relative to the Minister's written invitation left at my house,

and the verbal one since conveyed from him to me by your Excellency. I

have deliberately re-examined my former sentiments respecting the

propriety of accepting it; and as they remain unaltered, my respect

for your judgment leads me to refer them, fully explained, to your

further consideration.

"As the Minister informed your Excellency, that the written invitation

was left at my house by _mistake_, I think nothing remains to be said

relative to it. On the discovery of that mistake, the Minister it

seems was so obliging as to apply for, and obtain the consent of the

King to renew the invitation, not in _general terms_, but in terms

expressly declaring, that it was given to me as a private gentleman,

and was so to be accepted; with the additional favor, nevertheless, of

being permitted to bring Mr Carmichael with me.

"The only objection, which opposes my accepting it, arises from this

question, viz. whether a Minister or representative of an independent

sovereign can with propriety accept any invitation, which in the terms

of it impeaches his title to that character? So far as this question

respects the Ministers of independent states and kingdoms in general,

your Excellency will agree with me in opinion that it must be answered

in the negative. The next inquiry which presents itself is, whether

the United States of America come so far under that description as to

render this reasoning applicable to their Ministers? Every American

thinks they do. Whatever doubts this, or other Courts may entertain

relative to their independence, the United States entertain none, and

therefore their servants ought not, by words or actions, to admit any.

For instance, ought General Washington to accept an invitation, which

expressly imposed upon him the condition of laying aside his uniform,

and appearing at table in the dress of a private gentleman? I think

not. If this reasoning be just, the impropriety of my accepting this

invitation becomes manifest, and all arguments from the expediency of

it must cease to operate. For my part I consider it as a general rule,

that although particular circumstances may sometimes render it

expedient for a nation to make great sacrifices to the attainment of

national objects, yet it can in no case be expedient for them to

impair their honor, their dignity, or their independence.

"As to the temporary advantages, which might result from accepting

this invitation, I find them balanced by at least equal disadvantages.

There can be no doubt on the one hand, but that my frequenting the

Count de Florida Blanca's table on the days appointed for entertaining

the foreign Ministers would impress a general opinion, that Spain was

about to become our allies, and I readily admit, that such an opinion

might operate to our advantage in other countries. But on the other

hand, when the Count de Florida Blanca, in order (though perhaps in

vain) to save appearances, shall inform those foreign Ministers, that

I was expressly invited as a private gentleman, and had consented to

come in that character, they would naturally entertain ideas, which

would tend to diminish rather than increase their respect for America

and American legations.

"It would give me pain if the Count de Florida Blanca should suppose

me to be in the least influenced by the promising aspect of our

affairs. I flatter myself he will not incline to that opinion, when he

reflects on the particular circumstances under which the United States

declared themselves independent, and under which they afterwards

refused to treat with their then victorious enemies, on any terms

inconsistent with it.

"Although offence and disrespect are very far from my thoughts, I fear

the Count will be a little hurt at my declining the invitation in

question. I am persuaded that he meant to do me a favor, and I feel

myself indebted for his friendly intentions. But as the considerations

mentioned in this letter forbid me to accept it, I wish to communicate

that circumstance to him in the most soft and delicate manner, and,

therefore, request the favor of your Excellency to undertake it.

"I have the honor to be, &c.

JOHN JAY."

Reasons similar to those assigned for this refusal have induced me

ever since my arrival to decline going to Court, where I might also

have been presented as a stranger of distinction, but as Mr Carmichael

had been presented in that character previous to my coming to Madrid,

I never objected to his making subsequent visits.

I am, Dear Sir, with great regard and esteem, your most obedient and

very humble servant,

JOHN JAY.

FOOTNOTES:

[2] Vuestra Senoria. _Your Lordship_, or _Your Excellency_. We have no

title, which exactly corresponds with the Spanish.

* * * * *

ROBERT R. LIVINGSTON TO JOHN JAY.

Philadelphia, May 9th, 1782.

Dear Sir,

Your letter of the 6th of February, with a duplicate of that of August

last, directed to the President, has been received and read in

Congress. I am extremely surprised to find from that and yours to me,

that so few of my letters have reached you, since no vessel has sailed

from this, or, indeed, from any of the neighboring ports, without

carrying letters or duplicates of letters from me. The whole number

directed to you, including the duplicates from October to this time,

amounts to twentyfour; so that they must certainly be suppressed in

many instances. But what astonishes me more, is to find that you

cannot read my letter, No. 3, and the duplicate of No. 2; when, upon

examining my letter book, I find it is written in the very cypher,

which you acknowledge to have received, and in which your letter of

the 20th of September is written; so that if it is not intelligible,

it must have undergone some alteration since it left my hands, which I

am the more inclined to think, because you speak of a cypher said to

be enclosed, of which my letters make no mention, and only notes a

slight alteration in Mr Thompson's cypher. My first letter was in our

private cypher; this you had not received. My second, by the Marquis

de Lafayette, in cypher, delivered to me by mistake by Mr Thompson,

and lost with Mr Palfrey. My third, in the cypher sent by Major

Franks, a duplicate of which was sent by Mr Barclay; and that enclosed

a copy of my letter, No. 2. I had then discovered the mistake, so

that I can in no way account for your being unable to decypher it.

Since my last, of the 28th of April, we have been informed of the

change in the British administration. We have seen the act for

enabling the King to make peace, and the new plan has begun to open

itself here under the direction of Sir Guy Carleton. You, who know

your countrymen, will feel little anxiety on this subject. It is

proper, however, that you should be enabled to calm the apprehensions,

which those who know us less and are interested in our measures may

entertain. I have the pleasure of assuring you, that it has not

produced the slightest alteration in our sentiments; that we view a

change of men and measures with the utmost philosophic indifference.

We believe that God has hardened the heart of Pharaoh, so that he

cannot let the people go, till the first born of his land are

destroyed; till the hosts are overthrown in the midst of the sea; and

till poverty and distress, like the vermin of Egypt, shall have

covered the land. The general sentiment here seems to be, that new

endeavors will be so used to detach us from our ally, that the best

answer to such attempts to disgrace us will be a speedy and spirited

preparation for the ensuing campaign.

When Sir Guy Carleton arrived at New York, he found them in violent

convulsions about the demand that General Washington had made of the

persons who perpetrated the murder upon an officer of the Jersey

levies, one Captain Huddy, whom they made prisoner, carried to New

York, and afterwards taking him out of jail hung him in the county of

Monmouth. I enclose the General's letter, and the other letters that

have passed on that occasion. The affair has not yet ended; the

British officers insist upon his [i. e. Lippincott, who hung Huddy]

being given up. The refugees support him. A court martial is now

sitting for his trial. In the extracts sent out by General Robertson

are contained the cases of all the persons, that have been tried and

convicted of robbery, horse stealing, &c. in the Jerseys since the

war, as they have protected every species of villany. They wish us to

consider every felon we hang, as a part of their regular corps.

Your last despatches by Colonel Livingston did not come to hand. The

vessel in which he sailed was taken and carried into New York. He

destroyed his letters. He was immediately committed to the Provost,

where he met with your brother, who had been sometime confined there.

On the arrival of General Carleton, which was a few days after, both

were liberated on their _paroles_, so that Mr Livingston can give us

no intelligence of any kind. Carleton spoke to him in the most frank

and unreserved manner, wished to see the war carried on, if it must be

carried on, upon more generous principles than it has hitherto been; I

told him he meant to send his secretary to Congress with despatches,

and asked whether the Colonel would take a seat in his carriage. Mr

Livingston told him, that his secretary would certainly be stopped at

the first post; upon which he expressed surprise, and inquired whether

Mr Livingston would himself be the bearer of them, which he declined,

unless they contained an explicit acknowledgment of our independence,

and a resolution to withdraw the British troops. He replied, he was

not empowered to make any such proposition, and that his letter was

merely complimentary. The next day he wrote to the General the letter,

a copy of which, No. 1, is enclosed. The General sent the answer, No.

2; these letters being laid before Congress, they came to the

resolution No. 3. You will judge from these circumstances, whether it

is probable, that Britain will easily seduce us into a violation of

the faith we have pledged to our allies.

I am particular in giving you every information on this head, because

I am persuaded, that means will be used by our enemies to induce a

belief that this country pines after peace and its ancient connexion

with England. It is strictly true, that they are very desirous of

peace. But it is also true, that the calamities of war press lighter

upon them every day, from the use they are in to bear them, and from

the declining strength of the enemy. They consider themselves as

bound, both in honor and interest, to support the alliance, which they

formed in the hour of distress; and I am satisfied, that no man would

be found in any public assembly in America sufficiently hardy, to hint

at a peace upon any terms, which should destroy our connexion with

France.

I yesterday took the sense of Congress upon the propriety of giving

you leave of absence. They have declined giving any answer to that

part of your letter, from which you are to conclude that they do not

conceive it advisable at present. I enclose the resolution I proposed,

which they thought it proper to postpone.

In all our transactions in Spain we are to consider the delicate

situation in which they stand with France, the propensity of the

former to peace, and the need that the latter has of their assistance.

I should conceive it necessary, therefore, rather to submit with

patience to their repeated delays than give a handle to the British

party at Court. For this reason I conceive that no advantage could

result from demanding a categorical answer, and that it might involve

us in disagreeable circumstances. The resolution enclosed in my last

will either serve as a stimulus to the politics of Spain, or leave us

a latitude on the negotiation for a peace, which will be of equal

advantage to us with any of those slight aids, which Spain seems

willing or able to give us. Congress have found so little advantage

from sending embassies to Courts, who have shown no disposition to aid

them, that they have passed the enclosed resolution, No. 4. Every

saving is an object of importance with them, and they feel very

heavily the expense of their foreign embassies, which are in some

particulars unnecessarily expensive.

The complaints, which have justly been made of the mode in which our

Ministers are paid, have induced Congress to direct the financier to

fall upon some other mode. The one adopted will be very advantageous

to our Ministers. He proposes to make his payments here quarterly. I

shall, as your agent, receive the amount, make out the account, and

vest it in bills at the current rate, and remit them to Dr Franklin,

and send you advice when I do it; or, when opportunity offers, send

them directly to you. I shall follow your directions if you have any

other to give, with respect to the money due to you, and consider

myself liable in my private capacity for all the money I receive on

your account, till you appoint another agent. This will simplify Mr

Morris's account, he only opening one with the department of Foreign

Affairs.

Your present account will commence the 1st of January. I wish you to

transmit a state of your account prior to that date, and I will

procure and remit you the balance.

We have nothing new but what you may collect from the papers

enclosed. The Count de Montmorin will see with pleasure, that the

birth of a Dauphin has been received here at this critical time in

such a manner as to evidence our attachment to the King his father,

and the French nation.

I am embarrassed beyond expression at the misfortune that happened to

Mr Thompson's cypher. I shall enclose another with this, and send them

both to Mr Harrison, with special directions to send them safely to

you.

It must have been long since you heard from me. Our ports have been

totally shut up for some time, and no less than three vessels with

despatches from me to you have been taken and carried into New York

within two months.

As you seem to suppose my appointment has not been sufficiently

notified to you, to authorise your directing your letters to me, I

enclose the resolution for my appointment, together with that for the

organization of the office.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT R. LIVINGSTON.

Madrid, May 14th, 1782.

Dear Sir,

A letter from Dr Franklin calls me to Paris. I set off in about five

days. He has doubtless written to you on this subject. Major Franks is

on the way to you with despatches from me. Be pleased to send your

future letters for me under cover to Dr Franklin. No inconveniences

will be caused by my absence. The instructions intended for M. Del

Campo are to be sent to the Count d'Aranda. I congratulate you on the

recognition of our independence by the Dutch. The French have lost a

ship of the line, and they say thirteen transports bound to the

Indies.

I hope my future letters will be less unfortunate than many of my

former ones. Rely upon it, that I shall continue to write particularly

and frequently to you.

With great regard and esteem, &c.

JOHN JAY.

* * * * *

ROBERT R. LIVINGSTON TO JOHN JAY.

Philadelphia, June 23d, 1782.

Dear Sir,

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