The Diplomatic Correspondence of the American Revolution Volume VII Part 18

Cadiz, January 26th, 1780.

Sir,

As a knowledge of the measures you may have taken and the information you may have acquired, relative to the objects of your commission from the United States of America to conclude treaties with his Catholic Majesty, would probably enable me with greater facility and advantage to execute the duties of my appointment, permit me, Sir, to request the favor of you to communicate the same to me in such manner as you may judge most prudent.

I have in my possession some letters directed to you; they are voluminous, and probably contain printed papers. They may also be confidential and important to you. Under these circ.u.mstances I can only judge of your inclination by what would be my own in a similar situation. I should wish that they might be detained till I could have an opportunity of directing the manner of their conveyance. Upon this principle they shall remain among my papers till I receive your orders what to do with them.[15]

I am, Sir, &c.

JOHN JAY.

FOOTNOTE:

[15] See the answer to this letter in Arthur Lee's Correspondence, Vol. II, p. 276.

TO THE COUNT DE VERGENNES.

Cadiz, January 27th, 1780.

Sir,

It is with very sensible pleasure that I commence a correspondence with a Minister, of whose disposition and abilities to promote the happiness of my country we have received repeated proofs, and on a subject that affords His Most Christian Majesty an opportunity of perceiving the desire and endeavors of the United States to become cordial and steadfast friends and allies to an ill.u.s.trious branch of his royal house.

By the treaties subsisting between His Most Christian Majesty and the United States of America, His Most Christian Majesty, in consequence of his intimate union with the King of Spain, did expressly reserve to his Catholic Majesty the power of acceding to the said treaties, and to partic.i.p.ate in their stipulations at such time as he should judge proper. It being well understood, nevertheless, that if any of the said stipulations should not be agreeable to the King of Spain, his Catholic Majesty might propose other conditions a.n.a.logous to the princ.i.p.al aim of the alliance, and conformable to the rules of equity, reciprocity, and friends.h.i.+p. And the Deputy of the said States, empowered to treat with Spain, did promise to sign, _on the first requisition_ of his Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties abovementioned, and to endeavor in good faith the adjustment of the points in which the King of Spain might propose any alteration, conformable to the principles of equality, reciprocity, and perfect amity.

But as the above reservation has always been no less agreeable to the United States than to their great and good ally, both considerations conspired in inducing them to make the first advances towards attaining the object of it. And, therefore, instead of waiting till the requisitions mentioned in the said article should be made, they have thought proper to a.s.sure his Most Catholic Majesty, not only of their readiness to comply with the terms of it, but of their desire to obtain his confidence and alliance, by carrying it immediately into execution on the most liberal principles. Trusting also that the same wise reasons which induced his Most Christian Majesty to give birth to the said article, would lead him to facilitate the endeavors of his allies to execute it, they resolved that their desire to enter into the said treaties should be communicated to his Majesty, and that his favorable interposition should be requested.

The more fully to effect these purposes, the Congress were pleased, in September last, to do me the honor of appointing me their Minister Plenipotentiary, and, in pursuance of this appointment, I sailed from America for France on the 26th of October last, with M. Gerard, who was so obliging as to wait till I could embark in the frigate a.s.signed for his service. After being thirteen days at sea, the frigate was dismasted, and her rudder so much damaged that it was thought imprudent to proceed on our voyage. We therefore steered for Martinique, and arrived there on the 18th of December. I cannot, on this occasion, forbear expressing my warmest acknowledgments for the very polite attention and hospitality with which we were received and treated, both by the officers of government and many respectable inhabitants of that island. We left Martinique on the 28th day of the same month, in the Aurora, in which I expected to have gone to Toulon, but on touching at this place, it appeared that the further prosecution of our voyage had become impracticable, without running risks that could not be justified.

Thus circ.u.mstanced, the respect due to his most Catholic Majesty demanded an immediate communication of my appointment and arrival, which I had the honor to make in a letter to his Excellency, Don Joseph Galvez, of the Council of his Catholic Majesty, and general Secretary of State for the Department of the Indies, of which the enclosed is a copy.

Will you, therefore, Sir, be so obliging as to lay this circ.u.mstance before his Most Christian Majesty, and permit me through your Excellency to a.s.sure him of the desire of Congress to enter into a treaty of alliance, and of amity and commerce with his Catholic Majesty, and to request his favorable interposition for that purpose?

I am happy in being able to a.s.sure you, that the United States consider a cordial union between France, Spain and them as a very desirable and most important object, and they view the provision, which his Most Christian Majesty has made for it by the abovementioned article, not only as evinsive of his attention to his royal ally; but of his regard to them.

Under these views and these impressions, they are most sincerely disposed, by the liberality and candor of their conduct, to render the proposed treaties speedy in their accomplishment, and perpetual in their duration.

Your Excellency will receive this letter by M. Gerard, who is so obliging as to take charge of it, and to whom the Congress have been pleased to give such ample testimonies of their esteem and confidence, as to enable him to exert his talents with great advantage on every occasion interesting to them.

I cannot conclude without indulging myself in the pleasure of acknowledging how much we are indebted to the politeness and attention of the Marquis de La Flolte and the other officers of the Aurora, during the course of our voyage.

With great respect and esteem, I have the honor to be, &c.

JOHN JAY.

TO DON JOSEPH GALVEZ, MINISTER OF THE SPANISH COURT.

Cadiz, January 27th, 1780.

Sir,

Permit me through your Excellency to have the honor of representing to his most Catholic Majesty, that on the sixth day of February, 1778, the respective Plenipotentiaries of his most Christian Majesty, and the United States of America, by whom the treaties now subsisting between them were concluded, did make and subscribe a secret article in the words following, viz.

"The Most Christian King declares, in consequence of the intimate union which subsists between him and the King of Spain, that in concluding with the United States of America this treaty of amity and commerce, and that of eventual and defensive alliance, his Majesty had intended, and intends to reserve expressly, as he reserves by this present separate and secret act, to his Catholic Majesty, the power of acceding to the said treaties and to partic.i.p.ate in their stipulations, at such time as he shall judge proper. It being well understood, nevertheless, that if any of the stipulations of the said treaties are not agreeable to the King of Spain, his Catholic Majesty may propose other conditions a.n.a.lagous to the princ.i.p.al aim of the alliance, and conformable to the rules of equality, reciprocity and friends.h.i.+p. The deputies of the United States, in the name of their const.i.tuents, accept the present declaration to its full extent; and the deputy of the said States, who is fully empowered to treat with Spain, promises to sign, on the first requisition of his Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties above written. And the said deputy shall endeavor, in good faith, the adjustment of the points in which the King of Spain may propose any alteration, conformable to the principles of equality, reciprocity, and perfect amity; he the said deputy not doubting but the person or persons, empowered by his Catholic Majesty to treat with the United States, will do the same with regard to any alterations of the same kind, that may be thought necessary by the said Plenipotentiary of the United States."

The Congress willing to manifest their readiness fully to comply with an article, which they have reason to believe particularly agreeable to their great and good ally, and being desirous of establis.h.i.+ng perpetual amity and harmony with a Prince and nation whom they greatly respect, and with whom various circ.u.mstances lead them to wish for the most cordial and permanent friends.h.i.+p, have thought proper to request his most Catholic Majesty to accede to the said treaties, and thereby preclude the necessity of that measure's originating in the manner specified in the article. For this purpose they have done me the honor to appoint me Minister Plenipotentiary, and directed me to communicate to his Most Christian Majesty the desire of Congress on this subject, and to request his favorable interposition. They also made it my duty to give his Most Catholic Majesty the fullest a.s.surances of their sincere disposition to cultivate his friends.h.i.+p and confidence; and authorised me, in their behalf, to enter into such treaties of alliance, amity, and commerce, as would become the foundations of perpetual peace to Spain and the United States, and the source of extensive advantages to both.

Thus commissioned I embarked without delay on board the frigate, which had been appointed to carry the Sieur Gerard to France, and sailed with him for that kingdom, from Pennsylvania, on the 26th day of October last.

But after having been thirteen days at sea, the frigate was dismasted, and her rudder so greatly injured, as to oblige us to alter our course and steer for Martinique. We arrived there on the 18th day of December last; and sailed from thence on the 28th day of the same month in a French frigate which was bound to Toulon, but had orders to touch at this port for intelligence. We arrived here the 22d instant, and received information of recent events, which rendered the further prosecution of our voyage too hazardous to be prudent.

Providence having thus been pleased to bring me directly to Spain, the respect due to his most Catholic Majesty forbids me to postpone communicating to him my appointment and arrival; and the same motive will induce me to remain here till he shall be pleased to signify to me his pleasure. For although nothing would afford me more sensible pleasure, than the honor of presenting to his Majesty the despatches, which I am charged by Congress to deliver to him, yet on this, as on every other occasion, it shall be my study to execute the trust reposed in me, in the manner most pleasing to his Majesty, agreeable to the true intent and meaning of the article abovementioned.

And that his most Christian Majesty may have the highest evidence of the intention and desire of Congress fully and faithfully to execute this article, I shall immediately do myself the honor of communicating the same, together with my appointment and arrival; and I flatter myself, that the request of Congress for his favorable interposition, will meet with the same friendly attention, which he has uniformly extended to all their concerns, and of which I am too sensible not to derive the highest satisfaction from acknowledging it on every occasion.

Mr Carmichael, my Secretary, will have the honor of delivering this despatch to your Excellency, as well as of giving every information in his power to afford. This gentleman was a member of Congress at the time of his appointment, and will be able more fully to express the ardor with which the United States desire to establish a union with France and Spain, on principles productive of such mutual attachment and reciprocal benefits, as to secure to each the blessings of uninterrupted tranquillity.

I have the honor to be, with great consideration and respect, &c.

JOHN JAY.

P. S. I do myself the honor of transmitting to your Excellency, herewith enclosed, a copy of my letter to his Excellency the Count de Vergennes.

TO THE PRESIDENT OF CONGRESS.

Cadiz, January 27th, 1780.

Sir,

This morning M. Gerard set out from this city for France, and Mr Carmichael, charged with despatches from me to the Spanish Ministry, accompanies him as far as Madrid.

We arrived here the 22d inst. and I have been so much engaged ever since in preparing letters, &c. as not to have an opportunity of writing circ.u.mstantially to your Excellency by Captain Proctor, who I am told, is to sail early in the morning for the Delaware or Chesapeake.

We left Martinique on the 28th of December, in the Aurora frigate, bound to Toulon. On touching here for intelligence we were informed that the enemy had acquired a decided superiority in the Mediterranean, and that the coast was infested by their cruisers, all of whom we had fortunately escaped. Hence it became improper for me to proceed to France by water, and it would in my opinion have been indelicate, and therefore imprudent to have pa.s.sed silently through this kingdom to that, for the purpose of making a communication to his most Christian Majesty, which could be fully conveyed by paper. On this subject I shall take the liberty of making a few further remarks in a future letter.

Congress will be enabled to judge of the propriety and plan of my conduct, from the papers herewith enclosed, viz. a copy of a letter to M. Galvez, the Spanish Minister; a copy of a letter to the Count de Vergennes; of both these I have sent copies to Dr Franklin; a copy of a letter to Mr Arthur Lee; and a copy of my instructions to Mr Carmichael.

It is in pursuance of what appears to me to be my duty, that I shall render frequent, particular, and confidential accounts of my proceedings to Congress. I flatter myself care will be taken to prevent the return of them to Europe.

I have the honor to be, &c.

JOHN JAY.