resolved on independence, prefer an alliance with England to one with
France, must be a mere speculative opinion, which can be reduced to no
kind of certainty. If we form our judgment from acts of government, we
would suppose that no such sentiment prevailed; they all speak a
different language. If from the declarations of individuals, we must
entertain the same opinion, since independence and the alliance with
France, connect themselves so closely together, that we never speak of
them separately. The mass of the people here are not so ignorant of
the common principles of policy as to prefer an alliance with a nation
whose recent pretensions, and whose vicinity renders them mutual
enemies, to that of a Prince who has no claims upon them, and no
territory in their neighborhood, at least till the principles of his
government shall be changed, and he gives evident proofs of the want
of justice and moderation.
I think it unnecessary to repeat to you what I have already written to
Dr Franklin, presuming that you communicate with freedom to each
other. Mr Jefferson will afford, I dare say, a very acceptable aid to
your commission; I have not yet learned from him whether he will take
the duties upon him.[9]
Mr Barlow, a poet of New England, has requested me to transmit you his
proposals for printing, by subscription, a poem of which he is the
author. I can give no character of the work, but what you will get
from the specimen enclosed, which is all I have seen of it. The
enclosed resolution informs you of Mr Boudinot's advancement to the
Presidentship. For other intelligence I refer you to my letter to Dr
Franklin, and the papers that accompany this.
I am, Dear Sir, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[8] See Franklin's Correspondence. Vol. IV. p. 34.
[9] Mr Jefferson did not join the Commissioners for Peace.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, December 12th, 1782.
Dear Sir,
I have already written a long letter to you by this vessel, and should
have continued the details of our subsequent proceedings, had my
health admitted of the necessary application.
You will receive from us a joint letter with a copy of the
preliminaries. I shall therefore omit making any remarks on them.
Before I left Spain, and by letters since my arrival here, I desired
Mr Carmichael to make out and transmit the public accounts. Our
negotiations with that Court are at a stand. The Count d'Aranda either
has not, or does not choose to show me a commission to treat. He is
exceedingly civil, and frequent visits pass between us.
It gives me pleasure to inform you, that perfect unanimity has
hitherto prevailed among your Commissioners here; and I do not
recollect, that since we began to negotiate with Mr Oswald, there has
been the least division or opposition between us. Mr Adams was
particularly useful respecting the eastern boundary, and Dr Franklin's
firmness and exertions on the subject of the tories did us much
service. I enclose herewith a copy of a letter he wrote about that
matter to Mr Oswald.[10] It had much weight, and is written with a
degree of acuteness and spirit seldom to be met with in persons of his
age.
I have the honor to be, with great regard and esteem, Dear Sir, &c.
JOHN JAY.
FOOTNOTES:
[10] See Franklin's Correspondence. Vol. IV. p. 36.
* * * * *
ROBERT R. LIVINGSTON TO JOHN JAY.
Philadelphia, January 4th, 1783.
Dear Sir,
I have before me your despatches of the 4th and 18th of September
last, and the 13th of October. It gives me much uneasiness to find by
them, that your health is not yet confirmed, particularly as the
extreme shortness of your letters, compared with the importance of the
matter, gives me reason to fear, that it has suffered more than you
would have us believe.
I am under some anxiety relative to the fate of your letter of the
18th of September, as only the duplicate copy has arrived, and I find
by that you have risked it without a cypher. Should it get into
improper hands, it might be attended with disagreeable consequences.
It is of so much importance, that both you and we should judge rightly
of the designs of the Court, to whom we have intrusted such extensive
powers, that I most earnestly wish you had enlarged on the reasons
which have induced you to form the opinion you intimate; an opinion,
which, if well founded, must render your negotiations extremely
painful, and the issue of them very uncertain. If on the other hand,
it should have been taken up too hastily, it is to be feared, that in
defiance of all that prudence and self-possession, for which you are
happily distinguished, it will discover itself in a reserve and want
of confidence, which may afford hopes to our artful antagonists of
exciting jealousies between us and our friends. I so sincerely wish
that your conjectures on this head may not be well founded, that I am
led to hope you carry your suspicions too far, and the more so as Dr
Franklin, to whom I dare say you have communicated them freely, does
not (as you say) agree in sentiment with you. But I pretend not to
judge, since I have not the advantage of seeing from the same ground.
Perhaps some light may be thrown upon the subject by such facts as I
have been able to collect here, and with which it is impossible you
should be acquainted.
The policy you suppose to influence the measures of France, can only
be founded in a distrust, which I persuade myself she can hardly
entertain of those who have put their dearest interest into her hands.
She is too well informed of the state of this country, to believe
there is the least reason to suppose, that we could have the most
distant idea of a separate peace. If such distrust really exists, it
would, in my opinion, dictate to them, to let Great Britain
acknowledge our independence at once, rather than make it the subject
of subsequent negotiation. When satisfied on that point, we can with
more advantage contend for those our allies have at heart. Whereas by
withholding it, and making it the price of concessions on the part of
France, which she may not choose to make, an opportunity would be
afforded, to embroil and incline us to listen to separate proposals.
Upon this principle, France seems to have acted in all the answers,
which she has hitherto given, as well to the direct proposals of
Great Britain as to those made by the imperial Courts. When Mr
Grenville proposed to treat of the independence of the United States
with his Most Christian Majesty, an opportunity was afforded to take
the lead in the negotiation, and to suspend that part of it; yet we
find the reply of the Court of Versailles led to a direct negotiation
between Great Britain and us, and ended in the offer of unconditional
independence. The reply of the Court of France to that of London,
communicated to Mr Grenville on the 21st of June, speaks the same
language.
From these and the following facts you will, when you have compared
them with those within your own knowledge, draw your inferences with
more judgment than I can pretend to do without those you possess.
Before your letters were received, the Chevalier de la Luzerne showed
me a letter from the Count de Vergennes of the 14th of August, in
which he speaks of Mr Grenville's commission, and the ground it gave
him to hope, that negotiations would open with an express and
unconditional acknowledgment of independence. He mentions the change
in the British administration; their assurances, that it should
occasion no alteration in the plan of their negotiation, and
concludes, by expressing his surprise at the alteration, which
afterwards took place in this essential article in the propositions
offered by Mr Fitzherbert, and infers from thence, that Lord Shelburne
had no other design than to divide and deceive. In a letter of the 7th
of September, he mentions Mr Oswald's commission, your objections to
it, and his doubts of the manner in which these objections will be
received. "If," says he, "Mr Oswald is right in his conjecture, that
they will be favorably received and removed, then everything _is
said_. If they reject them, because they will not begin where they
propose to end, I conceive the negotiations should still go on. We may
judge of the intentions of the Court of London by their first
propositions. If they have independence for their basis, we may
proceed; _if not, we must break off_." In his letter of the 14th of
October, he mentions with great apparent satisfaction, the alterations
in Mr Oswald's commission. From the general tenor of these letters, I
can discover nothing but an anxious desire for peace, which might very
naturally lead him to wish that objections, which he did not conceive
essential in the first instance, after having declared to Great
Britain that no peace could be made till our independence was
acknowledged, should not break off a negotiation, which must end in
the attainment of an object, which they have as much at heart as we.
Whatever the sentiments of the Count de Vergennes may be, as to the
claim of Spain, in a letter which I have seen, he treats them as well
as ours, as chimerical and extravagant, and declares, that he does not
mean to interfere in them. You can best judge of the sincerity of this
declaration. If insincere, I cannot conceive for what purpose it was
made, or the subject treated so lightly, or why this should be
confided to me. For my own part, I believe their situation with
respect to Spain is very delicate, and that they are embarrassed by
her demands. I mention these things, that you may, by comparing them
with facts within your reach, draw useful inferences from them, and I
wish to give you everything that may _possibly_ be of use to you.
As to the letter of Marbois, I am by no means surprised at it, since
he always endeavored to persuade us that our claim to the fisheries
was not well founded. Yet one thing is very remarkable, and I hope
evinces the determination of France to serve us on this point. The
advice given to discourage the hope is certainly judicious, and yet we
find no steps taken in consequence of it. On the contrary, we have
been repeatedly told in formal communications since that period, "that
the King would do everything for us that circumstances will admit, and
that nothing but dire necessity shall induce him to relinquish any of
the objects we have at heart, and that he does not imagine that such
necessity will exist." This communication was made on the 21st of last
November, from letters of the 7th of September, _previous to our_
success at Yorktown, and has been renewed at different periods since.
You will undoubtedly avail yourself of this engagement if necessary.
Congress relying upon it, have made no alteration in their
instructions since the change in their affairs, by the blow the enemy
received at Yorktown.
This letter of Marbois, and the conduct of the Court of France, evince
the difference between a great politician and a little one. France
can, by prohibiting the importation of fish, supply herself; she
cannot do more. Our exclusion from the fishery, would only be
beneficial to England. The enmity it would excite, the disputes it
would give rise to, would, in the course of a few years, obliterate
the memory of the favors we have received. England, by sacrificing a
part of her fisheries, and protecting us in the enjoyment of them,
would render herself necessary to us, our friendship would be
transferred to her, and France would in the end be considered as a
natural enemy. I am persuaded, she has wisdom enough to see this in
its true light.
I know not how far the Marquis may deserve your confidence; you are
the best judge of his conduct. I ought, however, in justice to him to
mention, that he has steadily, in all his letters, recommended an
adherence to our claims, and assured us that both might be obtained if
insisted upon.
You see, Sir, I have purposely leaned to the opposite side from that
which you appear in some measure to have taken; not because I think
you _are_ wrong in the opinion you have adopted, but because you _may
possibly_ be so. Such essential injuries may flow from the slightest
jealousies, that I wish you to examine yours with all the coolness you
are master of. I am persuaded, the last hope of Britain is founded on
the distrusts they may sow among their enemies. I wish you had in a
private letter in cypher informed me how you got at the letter of
Marbois, and why it was copied in English. I more particularly wish to
know whether it passed through the hands of either of the British
Commissioners. If it has, it will be of some consequence to see the
original, not that I doubt its authenticity, but it may possibly have
undergone some alterations. That which follows what is said of the
great bank, is nonsense, or if it conveys any meaning, I think it is
not such as a man of common sense would speak.[11]
Count de Vergennes, in his letters dated a day later than yours, gives
no account of your propositions. I should conclude from this
circumstance, that they had not been communicated. If I were not
convinced, that acting under the instructions you do, you would not
withhold them, except for the most weighty reasons, and that if such
reasons existed you would have assigned them in your letters, and
presuming, therefore, that you had communicated them, I have made no
secret of them to the Count de la Luzerne, who appeared much pleased
with them, though a little surprised at the article, which relates to
commerce, which I cannot suppose perfectly agreeable to them in all
its extent; since it will render a revolution necessary in the
commercial system of France, if they wish to have an extensive trade
with us. I am extremely pleased, that in freeing ourselves, we have a
prospect of unfettering the consciences and the commerce of the world.
We are far from regretting that the Marquis d'Aranda has no powers to
treat. We think, with you, that it is time to adopt the Spanish
system. We may treat at any time with more advantage than at present.
You had received your instructions on this subject before you wrote
your last letters. By your saying nothing of them, I suppose you had
not decyphered them. Mr Jefferson being the bearer of this, it is
unnecessary to enlarge.[12] News and general politics will be
contained in my letter to Dr Franklin, to whom I also send an
instruction on the subject of your commercial proposition. I enclose
you a new cypher, which I pray you to make use of. You will find it
very easy on a little practice. I must again entreat you to write more
fully to us. I have received _from the Count de Vergennes' letters_,
the whole progress of the negotiation. Information of this kind it
would give me more pleasure to receive through another channel.
I have the honor to be, Dear Sir, with great respect and esteem, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[11] M. de Marbois' letter here alluded to, was very long, and written
in cypher. It was intercepted by the English, taken to London, there
decyphered, translated into English, and sent to the British
Commissioners in Paris, (while the negotiations for peace were in
progress.) The sense of the writer would be very likely to suffer by
this process of decyphering and translating. But M. de Marbois never
complained that the letter was not in the main correctly translated.
As soon as the British Commissioners received it in Paris, they put a
copy of it into the hands of the American Commissioners. M. de Marbois
was at that time only a Secretary of Legation, and wrote the letter
while the Minister, M. de la Luzerne, was absent from Philadelphia,
and without his knowledge. The sentiments of the letter were never
avowed by the French Ministry.
[12] Mr Jefferson did not go till some time afterwards.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, April 7th, 1783.
Dear Sir,
After the preliminaries had been settled and ratified, the Spanish
Ambassador informed me that his Court was ready to receive me, not
only in form, but "_très honnêtement_." He _then_ expected full
instructions relative to the proposed treaty.
The Marquis de Lafayette, in his journey through Madrid, manifested
great zeal to serve us there. A copy of a letter from him to the
Minister, will be sent you by another opportunity, though I imagine he
has already forwarded it.
On the 29th ult. the Spanish Ambassador communicated to me the desire
of his Court that I would return to Madrid, and there complete the
treaty, for that in their opinion, it ought to be concluded either at
_Madrid_ or at Philadelphia.
You will have this communication at large in another letter.
No Ministry yet in England, nor any news of Barney, nor from you,
since the 3d of January.
The definitive treaties must be concluded, and the heats of summer
abated, before either my business here, or the very delicate state of
my health will admit of a journey to Spain. Be assured of my esteem
and regard.
I am, Dear Sir, &c.
JOHN JAY.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, April 11th, 1783.
Dear Sir,
I wrote you a short letter on the seventh instant. Certain
intelligence has since arrived from England, that the Duke of Portland
is first Lord of the Treasury, Mr Fox and Lord North Secretaries of
State, and Lord John Cavendish Chancellor of the Exchequer. It is also
said, that Lord Stormont is President of the Council, and the Duke of
Manchester Ambassador to Versailles. I hear that Mr David Hartley is
appointed to conclude a definitive treaty with us.
The Emperor and Russia have been requested in their mediatorial
capacity, to send Plenipotentiaries to assist at the definitive
treaties. The due motives to this measure can as yet be only
conjectured. The ostensible one is, a mark of respect to their
offered, but not accepted mediation. The proposition originated here.
Their answer is expected daily. It is whispered that Russia consents.
Safe opportunities of sending important letters from hence to Madrid
are so very rare, that I think yours for that place had better be
always conveyed directly to Cadiz or other ports in Spain, where some
American of confidence may be settled.
Numberless applications for consulships continue to be made, and some
will probably reach you. In my opinion Americans only should be
employed to serve America. I early entertained this opinion, and it
has been almost daily gathering strength since my arrival in Europe.
I have the honor to be, &c.
JOHN JAY.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, April 22d, 1783.
Dear Sir,
I wrote to you so lately by Mr Mason, and there is such a dearth of
news, that I now write less to give you information than as a mark of
attention.
There are several of your letters, which on account of their length,
the importance of their subjects, and the manner in which those
subjects were treated, demanded of me more minute answers than my
situation admitted of. Mr Hartley is not yet arrived, but is daily
expected. I am told by Mr Laurens, that he will propose that the
people of the two countries shall have all the rights of citizens in
each. The instruction of Congress on this important point is much to
be desired. For my part I think a temporary stipulation of that sort
might be expedient. They mean to court us and in my opinion we should
avoid being either too forward or too coy. I have no faith in any
Court in Europe, but it would be improper to discover that sentiment.
There are circumstances which induce me to believe, that Spain is
turning her eyes to England for a more intimate connexion. They are
the only two European powers, which have continental possessions on
our side of the water, and Spain I think wishes for a league between
them for mutual security against us. Perhaps this consideration should
lead us to regard the present fervor of the British advances with the
less indifference.
On looking over one of my former letters, containing my propositions
to Spain, I find that I had omitted to explain the reason of the one
for a guarantee of our possessions in North America. That we should
_so_ guaranty the Spanish possessions as to _fight_ for them, was as
distant from my design, as it could be from that of Congress. A common
guarantee means nothing more than a _quit claim_, to which we
certainly could have had no objection. When more is intended,
provisional and express stipulations become necessary. To any such I
never would have consented. A confidant of the Minister (and I believe
by his directions) had assured me, that unless a guarantee was offered
any other propositions would not induce the minister to negotiate for
a treaty. To meet that objection I made the offer in the general terms
you have seen. I had no doubt but that the Minister was acquainted
with my instructions; and I considered this objection as a pretext for
delay. My opinion as to a certain proposed cession was known, and uses
not advantageous to us or to me had been made of it. It appeared to me
advisable, that the intention of Spain with respect to us should have
a full trial, and such a one as would convince Congress that I was
entirely guided by their views and wishes.
I therefore endeavored so to frame those propositions as that they
should not afford the Minister any pretence for refusing to commence
the negotiation. The issue you are acquainted with.
I hope nothing will be done by the States for the tories until the
British forces shall be withdrawn, and then I confess it would be for
our honor to forgive all except the perfidious and the cruel.
After the definitive treaties are finished, I hope I shall be excused
in trying the waters of Spa and Bath (which are recommended to me)
before I proceed to Spain. Whatever may be their effect, I shall not
loiter at either place. After my business at Madrid shall be finished,
I wish to devote my care to the recovery of my health, and the
concerns of my family, which must greatly interfere with the duties of
my commission. Besides, as my country has obtained her object, my
motives for entering into public life are at an end.
The same principles which drew me from the private station I formerly
occupied, bid me to return to it. Actions are the only proofs of
professions, and if I live mine shall not want that evidence.
I am, Dear Sir, &c.
JOHN JAY.
_P. S._ I am told, that a vessel, which went last year from our
country, on the Ohio, down that river, and through the Mississippi to
the Havana, took passports from the Count de la Luzerne. This, if a
fact, appears to me a singular one. I mention it merely as a matter of
information.
J. J.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, May 30th, 1783.
Dear Sir,
It cannot in my opinion be long before Congress will think it
expedient to name a Minister to the Court of London. Perhaps my
friends may wish to add me to the number of candidates for that
office. If that should be the case, I request the favor of you to
declare in the most explicit terms, that I view the expectations of Mr
Adams on that head as founded in equity and reason, and that I will
not by any means stand in his way. Were I in Congress I should vote
for him. He deserves well of his country, and is very able to serve
her. It appears to me to be but fair that the disagreeable
conclusions, which may be drawn from the abrupt repeal of his former
commission should be obviated by its being restored to him. I do
therefore in the most unequivocal manner decline and refuse to be a
competitor with that faithful servant of the public, for the place in
question.
As Mr Barclay has power to settle our accounts in Europe, I wish that
orders may be sent to Mr Carmichael to come here with the books and
documents necessary to enable Mr Barclay to examine and settle the
public accounts in my department. I cannot learn that my repeated
requests to him to send a state of those accounts to Philadelphia have
as yet been complied with.
I am, Dear Sir, &c.
JOHN JAY.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, June 1st, 1783.
Dear Sir,
I have had the honor of receiving your favor of the 4th of January
last. The cypher you mention to have enclosed is missing. My letter by
Captain Barney affords an answer to the greater part of your
inquiries. Business here goes on heavily. The Dutch and English are
not yet agreed, and some points remain still to be adjusted between
the latter and the French and Spaniards. Mr Hartley has an ample and
proper commission to conclude with us. We are discussing the terms of
a temporary commercial regulation, but as he is waiting for more full
instructions, it may be a week or a fortnight before we shall be able
to inform you of the real intentions of Britain on that subject.