Chapter II: The Military State of North America (5)

Mr Jay expressed his satisfaction at this intelligence, and
promised to take the earliest opportunity of conveying to
Congress the sense his Majesty entertained of their
friendship, manifested by these measures. He told the Count
it gave him pleasure to hear the business of the Spanish
supplies was committed to Mr Robert Morris, and assured him,
that the fullest confidence might be reposed in that
gentleman's abilities and integrity. He requested his
Excellency again to assure his Majesty, that he might rely on
the good disposition of Congress, and of their evincing it in
every way, which the situation of their affairs and the
interest of the common cause might render practicable and
expedient. The Count told Mr Jay, that he had proposed to the
French Ambassador to send to Congress for the use of their
army, clothing for ten regiments lately taken in the convoy
bound from Britain to Jamaica, and in which the two Crowns
were equally interested; that the Ambassador approved the
proposition, but had not yet given his final answer. He then
observed, that a negotiation for a peace between Britain and
Spain appeared at present more distant than ever; that the
former had offered his Majesty everything he could desire to
induce him to a separate peace; but that the King, adhering
to the same resolutions in favor of America, which had
influenced his conduct in his mediation for a general peace
and since, had rejected them, and that Congress might rely on
his Majesty's determination never to give up or forsake
America, but on the contrary continue affording her all the
aids in his power.

He told Mr Jay, that the Court of London, disappointed in
their expectations of detaching Spain, had it in
contemplation again to send Commissioners to America to
treat with Congress on the subject of an accommodation with
them; that this measure was at present under the
consideration of the Privy Council, and that there was reason
to suppose it would be adopted. He observed, that the English
had hitherto discovered much finesse and little true policy;
that first they endeavored by their intrigues in France to
separate that kingdom and America, but not succeeding there,
they sent Commissioners to America; that the last year they
attempted to detach France, and this year Spain, and that
being unsuccessful in both they would again attempt America;
that the best way of defeating their designs was mutual
confidence in each other. He remarked, that America could not
rely on any promise of Britain, and asked if she was once
detached from France and Spain, who could compel an
observance of them? Mr Jay thanked the Count for this
communication, and assured him, that Congress would not only
adhere to their engagements from motives of interest, but
from a regard to their honor, and the faith of treaties; that
the opinion of Congress on this subject corresponded with
that of his Excellency, and that their conduct, with respect
to the former English Commissioners, gave conclusive evidence
of their sentiments on the subject. Mr Jay promised in case
he received any intelligence relative to this matter, his
Excellency might depend on its being communicated immediately
to him.

The Count appeared satisfied with this, and again repeated
his former assurances of the King's good disposition towards
America, &c. &c.

Mr Jay informed his Excellency, that the subject on which he
was desirous of conversing with him, arose from the paper he
had received from M. Gardoqui the 15th instant, containing
his Excellency's answer to Mr Jay's letter of the 14th.

Mr Jay then requested the Count to communicate to his Majesty
his thanks for the offer he had been pleased to make, of his
responsibility in order to facilitate a loan of one hundred
and fifty thousand dollars, and also for the promise of
clothing, &c. &c. and to assure him, that the gratitude of
the States would always be proportionate to the obligations
conferred upon them; he observed to the Count, that he
intended to attempt this loan in Spain, France, and Holland,
and begged to be informed in what manner he should evidence
the responsibility of his Majesty to the persons, who might
be disposed to lend the money, for that in this and other
similar cases, he meant to be guided by his Excellency's
directions. The Count replied, that as this matter fell
within the department of M. Musquir, the Minister of Finance,
he would consult him upon it on Tuesday evening next, and
immediately thereafter inform Mr Jay of the result. He then
apologized, and expressed his regret for not being able to
furnish the money he had expected to supply (alluding
evidently to the _thirty or forty thousand pounds_ which, in
the conference at Aranjues, the 11th day of May last, he said
he expected to be able to supply by the end of this or
beginning of next year.) He said he had been disappointed in
the remittances expected from America, for he was advised,
that two ships, which he had expected would arrive from
thence with treasure in December or January next, would not
come, and that this and other circumstances rendered it
impossible for him to advance us any money in Europe. But
that he would, nevertheless, agreeably to the King's
intentions, give us all the assistance in his power.

Mr Jay desired to be informed, whether any steps were
necessary for him to take for forwarding the clothing at
Cadiz to America. The Count answered, that he waited the
French Ambassador's answer on the subject, and that he had as
yet no inventory of them, but that he would again speak to
the Ambassador, and make arrangements for sending them on to
America as soon as possible.

Mr Jay then proceeded to regret that the pleasure he derived
from these instances of his Majesty's friendship to the
United States, was mingled with pain from being informed by
the abovementioned paper, that the King conceived he might
have just cause to be disgusted with them.

Because, 1st; they had drawn the bills of exchange without
his previous consent; and, 2dly, because they had not given
any tokens of a recompense. Mr Jay reminded his Excellency
that these bills were drawn upon himself, and not on Spain,
and although that Congress might have hoped, for reasons
already assigned, to have been enabled to pay them by a loan
from his Majesty, yet that every other usual measure was left
open for that purpose. That an application to Spain for such
a loan could give no just cause of offence, for that if it
had not been convenient to her to make it, all that she had
to was to have told him so, and he was then at liberty to
take such measures for procuring it elsewhere as he might
think proper. The Count replied, that what Mr Jay observed
was true, but that certainly the bills were drawn with an
expectation of their being paid by Spain, and that this might
probably have been done if previous notice of the measure had
been given. That he always intended to have done something
towards their payment, but had been prevented by
disappointments, and the exigencies of the State. Mr Jay
continued to observe, that the second cause assigned for this
disgust, viz. that Congress had given no tokens of a
recompense, must have risen from a mistake. He reminded his
Excellency, that he had never requested a donation from
Spain, but that on the contrary he had repeatedly offered to
pledge the faith of the United States for the repayment with
interest, within a reasonable time after the war, of whatever
sum his Majesty might be so kind as to lend them. To these
remarks the Count said only, that interest for the money
would have been no object with them; that they would gladly
have lent it to us without interest, and repeated his regret
at the disappointment which had prevented them. He appeared
rather uneasy and desirous of waiving the subject.

Mr Jay next called the Count's attention to a part of the
paper in question, which informed him "that there were hints
(though no credit was given to it) of some understanding
between America and the Court of London." He observed, that
this subject was both delicate and important; that so far as
this understanding related to Congress, or the governments of
either of the States, he was sure that this insinuation was
entirely groundless; that there might possibly be intriguing
individuals, who might have given cause to such suspicions;
that if there were such men or bodies of men it would be for
the good of the common cause that they should be detected,
and their designs frustrated. He therefore requested, that if
his Excellency had any evidence on this subject, he would be
pleased to communicate it, and thereby enable him to give
Congress an opportunity of taking such measures as
circumstances might render proper. The Count said, he had
nothing specific or particular as yet to communicate. That he
was pursuing measures for further discoveries, and that he
would mention to Mr Jay whatever information might result
from them.

Mr Jay resumed his animadversions on the paper in question by
observing, that it assured him it was necessary, "that
Congress should give sure and effective tokens of a good
correspondence, proposing reciprocal measures of a
compensation, &c. in order that his Majesty might extend his
further dispositions towards them." That for his part he
could conceive of no higher tokens, which one nation could
give to another of friendship and good will, than their
commissioning and sending a person for the express purpose of
requesting his Majesty to enter into treaties of amity and
alliance with them, and that on terms of reciprocity of
interest and mutual advantage. To this the Count replied,
that to this day he was ignorant of these terms, and that no
particular propositions had been made him. Mr Jay then
reminded him of his letters from Cadiz, and of the conference
on the subject at Aranjues on the 2d day of June last, in the
latter of which, after conferring on the subject of aids, and
of the treaty, his Excellency had promised to reduce his
sentiments on both to writing, and send him notes on each;
that as to the first, Mr Jay had received the notes, but not
on the last; that he had been in constant expectation of
receiving them, and that delicacy forbade pressing his
Excellency on that matter, or offering anything further till
he should have leisure to complete them.

He said he thought he had given them to Mr Jay or Mr
Carmichael, which both of them assured him he had not. Of
this the Count appeared after a little time satisfied, when
Mr Jay resumed the subject by remarking, that the order of
conducting that business appeared to him to be this; that as
a right was reserved by the Secret Article to his Majesty to
accede to the treaty between France and America whenever he
thought proper, and that the latter would go into a
discussion of any alteration the King might propose, that
should be founded on reciprocity of interest, the first
question was whether his Majesty would accede to it as it
was, or whether he would propose any and what alterations.

The Count here interrupted Mr Jay by saying, that the
interest of France and Spain with respect to America were so
distinct, as necessarily to render different treaties
necessary. Mr Jay answered, that admitting this to be the
case, the treaty with France might be made the basis, and
then go on _mutatis mutandis_. The Count proceeded to say,
that it would not conduce to the general pacification to
hurry on the treaty; that finding Congress were not disposed
to cessions, without which the King would not make a treaty,
he thought it best by mutual services and acts of friendship,
to continue making way for more condescensions on both sides,
and not excite animosities and warmth by discussing points
which the King would never yield. That, therefore, Mr Jay
might take time to write to Congress on the subject, and
obtain their instructions.

He said, that previous to Mr Jay's or M. Gerard's arrival at
Madrid, M. Mirales had informed him that Congress would yield
the navigation of the Mississippi, but that M. Gerard
informed him that Congress had changed their resolution on
that subject; that he had mentioned these obstacles to Mr Jay
and Mr Carmichael, and it was probable that having done this,
he had neglected or forgotten to give Mr Jay the notes in
question. Mr Jay here reminded his Excellency, that the
conference between them of the 2d day of June last turned
among other points on these obstacles, and that they had then
mutually expressed hopes that regulations calculated to
remove them in a manner satisfactory to both parties might be
adopted, and that the conferences respecting them were
concluded by his Excellency's promising to give Mr Jay notes
of his sentiments on the proposed treaty. The Count admitted
this, and made several observations tending to show the
importance of this object to Spain, and its determination to
adhere to it, saying, with some degree of warmth, that unless
Spain could exclude all nations from the Gulf of Mexico, they
might as well admit all; that the King would never relinquish
it; that the Minister regarded it as the principal object to
be obtained by the war, and _that obtained_, he should be
perfectly easy whether or no Spain procured any other
cession; that he considered it far more important than the
acquisition of Gibraltar, and that if they did not get it, it
was a matter of indifference to him whether the English
possessed Mobile or not; that he chose always to speak his
sentiments plainly and candidly on those occasions, for which
reason he generally acted differently from other politicians,
in always choosing to commit himself to paper, and appealing
to the knowledge of the French Ambassador and others, who had
done business with him, for the proofs of this being the
principle of his conduct. He concluded by saying he would
give his sentiments in writing on this subject to Mr Jay.

Mr Jay made no reply to the Count's remarks on the
navigation, but observing, that being little acquainted with
the practice of politicians, he was happy in having to treat
with a Minister of his Excellency's principles. He added,
that there were many points necessary to be adjusted in order
to a treaty; that they might proceed to agree upon as many as
they could, and with respect to the others, he should state
them clearly to Congress, and attend their further
instructions.

Mr Jay then again turned the conference to the paper
beforementioned, by observing to the Count, that it appeared
from it, that the King also expected from Congress
equivalents to the supplies formerly afforded, and also the
expenses of the war, which it alleged had its origin from
them. That as to the first he could only repeat what he had
before said, that a general account of them was necessary.
That he neither knew the amount of them, nor the terms on
which they were granted; that it was a transaction previous
to his appointment; that on being furnished with the
necessary information, he would transmit it to Congress, and
wait their instructions; that an expectation of an equivalent
to the expenses sustained by Spain in the war, was
inadmissible on every principle. He read the passage in
question and remarked, that America could no more be justly
chargeable with the expenses of the war sustained by Spain,
than Spain could be justly chargeable with the expenses of
the war sustained by America. The Count replied, that Mr Jay
had mistaken his meaning, and that he urged it merely to show
that as the States were deriving considerable advantages from
very expensive operations on the part of Spain, that
consideration should incline them to more condescension
towards the latter.

Mr Jay assured his Excellency that he knew it to be the
disposition of Congress to contribute all in their power to
the success of the common cause, and that they would on
every occasion give proofs of it, and among others, that he
was confident they would permit his Majesty to export from
thence, _during the war_, ship timber and masts for the royal
navy, and would readily consent to such measures as might be
proper and necessary for facilitating it. He further observed
that having been informed by M. Gardoqui that his Majesty
would like to take and finish a seventyfour gun ship now on
the stocks in one of the eastern ports, on which it was said
no work was doing, he would with pleasure write to Congress,
and propose their transferring her to his Majesty at prime
cost. That this previous step was necessary, as Congress
might perhaps intend that vessel for particular services, but
he was confident they would otherwise be happy in indulging
his Majesty's inclinations. The Count appeared pleased with
this. He said, that with respect to timber they stood most in
need at present of yards, and should be glad to obtain a
supply of them from Congress. That as to the ship, he wished
to be informed exactly of her present state, and the
materials wanted to complete and equip her, which he observed
might be sent from the Havana, and whether a crew of
Americans could be had to navigate her there. Mr Jay replied,
that though he was sure that Congress would readily give
their aid in these and other matters interesting to Spain,
yet he could not forbear reminding his Excellency as a
friend, that public business done under the direction of
public bodies was always more expensive than when done by
individuals. That, therefore, he would submit it to his
consideration whether it would not be more advisable to
commit the management of those affairs to the agent, intended
to succeed M. Mirales, who, by being on the spot, would have
opportunities of acting on exact information, and in a
manner more consistent with the views of his Excellency. The
Count agreed in this opinion, and promised to communicate to
Mr Jay his further intentions on this subject.

Mr Jay informed the Minister, that as his further stay here
would now be unnecessary, and business called him to Madrid,
he purposed to return there on Monday next. The Count
concurred and the conference ended.

Congress will permit me to observe that many things in this conference are important, and demand instructions. I forbear to point them out, because they are obvious; and I take the liberty of giving this hint from a knowledge of the delays attending the proceedings of large bodies.

I returned to Madrid on the day appointed; and whether to accept or not to accept the bills became a very serious question. After reviewing all the reasons for and against it, which are numerous, and which Congress will readily perceive without a particular enumeration, I determined to put a good face on the business, and accept all that should be presented, which I have accordingly done, and am daily doing. What the event will be I cannot pretend to decide. All that I can say is, that my endeavors shall not be wanting to render it successful. The responsibility of the King will not produce much, and the difficulty of borrowing money has been increased, by the number of agents sent to Europe for that purpose by several of the different States, who I am told have imprudently bidden on each other.

M. Gardoqui returned to Madrid a few days after I did, and brought me word from the Minister, that instructions should be sent to their Ambassadors in Holland and France, to assure in due form the responsibility of the King to such persons as might there incline to lend us money on the credit of it, and that the Minister would do the same here. He told me further, that the Minister hoped I would not be discouraged, nor consider this only on the dark side, for that it was still his intention to afford America every aid in his power. All this I ascribe to the exertions of America, and I am confident, that it will always be necessary for the United States to be formidable at home, if they expect to be respectable anywhere.

For my own part, I shall be disappointed, if I find Courts moving on any other principle than political ones, and, indeed, not always on those. Caprice, whim, the interests and passions of individuals, must and will always have greater or less degrees of influence. America stands very high here, at present. I rejoice at it, though I must confess I much fear that such violent exertions may be followed by languor and relaxation. What the plan of this Court is with respect to us, or whether they have any, is with me very doubtful. If they have rejected all the overtures of Britain, why is Mr Cumberland still here? And why are expresses passing between Madrid and London through Portugal? If Spain is determined that we shall be independent, why not openly declare us so, and thereby diminish the hopes and endeavors of Britain to prevent it? She seems to be desirous of holding the balance, of being in some sort a mediatrix, and of courting the offers of each by her supposed importance to both. The drawing of bills on me was considered as a desperate measure, prompted by our imbecility, and was a bad card to play at a time we were endeavoring to form a treaty, and when prudence demanded that the importance of Spain to us should not have been brought forward, or placed in such a glaring point of view.

One good consequence, however, has resulted from it. The cordiality of Spain has been tried by it. For I know of a certainty, that it was in her power easily to have made the loan we asked. Indeed, we shall always be deceived, if we believe that any nation in the world has, or will have, a disinterested regard for us, especially absolute monarchies, where the temporary views or passions of the Prince, his Ministers, his women, or his favorites, not the voice of the people, direct the helm of State. Besides, from the manner in which the war is carrying on, it would seem as if it was the design of France and Spain that the longest _purse_, not the longest _sword_, should decide it. Whether such be really their intention, or how far it may be politic, I cannot pretend to determine. This, however, is certain, that it would be putting the affair on a hard issue for us. It is also certain, that some respect is due to appearances and probable events, and we should be cautious how we spend our money, our men, or our public spirit, uselessly.

In my opinion, we should endeavor to be as independent on the charity of our friends, as on the mercy of our enemies. Jacob took advantage even of his brother's hunger, and extorted from him a higher price than the value of the Mississippi even for a single dinner. The way not to be in _Esau's_ condition, is to be prepared to meet with _Jacob's_.

From what I can learn of the King's character, I am persuaded, that a present from Congress of a handsome fast sailing packet boat would be very acceptable, and consequently very useful.

I am informed, and believe, that a loan from individuals in France is impracticable. Here nothing can be done in that way. What may be expected from the like attempts in Holland, I am unable to say.

I have received no answer to my letter to Count de Vergennes; the Ambassador informs me, that the Count has written him on the subject, and the following is an extract from his letter.

Translation.

"I doubt whether I shall be able to render Mr Jay the service
he requests of me, independently of what the Ministry has
furnished the Americans in the course of the year. Dr
Franklin is urgent for a million extra, to meet the drafts of
Congress to the 31st of December. I am sensible how important
it is to prevent them from being returned protested, but the
difficulty is to find the means. I shall do my best in this
exigency, but am not sure of success; beyond this, it would
be impossible for me to go."

Dr Franklin has obtained some more money from his Court, and I am to have twentyfive thousand dollars of it; perhaps he may be able to advance more, but how much, I cannot say.

_November 1st, 1780._ No orders have as yet been given respecting the clothing. I have applied and reapplied, and have been promised and repromised. I employed Mr Harrison, at Cadiz, (with the Minister's concurrence) to make the purchase, and he has several weeks been waiting for these orders.

General Gates is defeated, and Mr Laurens in the Tower. Our sky in this quarter is again darkened with clouds not in my power to dispel.

I had flattered myself with receiving before this time some regulations respecting American seamen.

The house of Le Couteulx have refused to continue their care of them, or to advance more money on that account. They complain that the American Captains under various pretexts refuse to give them passages, without being paid for them. This is cruel.

The following are copies of their letter to me on the subject, and my answer.

LE COUTEULX & CO. TO JOHN JAY.

"Cadiz, October 3d, 1780.

"Sir,

"Our supplies for the American sailors amount at this day to
---- We will continue to render them every service in our
power, but will confess to you ingenuously, that if you do
not furnish us with an order from Congress, by which you
empower us to oblige all American Captains, who come here, to
take a certain number of people, in proportion to their bulk,
free of passage, and afterwards so many more on paying them a
certain sum for their provisions, we can advance nothing; as
all the Captains who come here never fail of showing good
motives for not taking any of their fellow countrymen,
without paying them a passage, which forces us to let the
people go on board neutral vessels; and instead of fulfilling
your views of sending them back as soon as possible, this is
a means by which they get still further from it, and a great
many engage in the English service."

TO LE COUTEULX & CO.

"Madrid, October 15th, 1780.

"Gentlemen,

"I have been honored with your favor of the 3d instant, and
am much obliged by your attention to the letter it enclosed.
You were not mistaken in supposing that the handwriting was
mine. That letter was enclosed in one for Mr Harrison, and
sent under cover to you.

"It gives me concern to find that you have so much trouble
with American seamen, and I much lament that it is not in my
power to comply with the terms on which alone you incline to
continue it. I have written more than once to Congress on the
subject, and submitted to their consideration the propriety
of establishing proper regulations for the conduct of that
business, but as yet I have received none. I presume that
their attention has been so engaged by other matters of
higher and more pressing importance, as not to have had
leisure for making these arrangements. The refusal of
American Captains to give passages to their unfortunate
countrymen is certainly unkind. I shall communicate to
Congress, and I hope proper measures will be taken to remove
that obstacle. At any rate, however, I cannot leave these
unhappy captives friendless, in a strange country. The
unfeeling treatment of the Captains rather stimulates than
represses my commiseration, and, therefore, Gentlemen, as it
is not convenient to you to proceed in your care of them, but
on terms not in my power to comply with, I find myself
reduced to the necessity of requesting that favor from
others. For this purpose I have written to Mr Harrison of
your city, and proposed his undertaking it, and have desired
him in case he consented, to mention it to you. On that event
I must beg the favor of you to give him such information and
advice, as may be useful to him in the management of those
affairs. Be pleased also to liquidate your accounts with him;
they shall be paid without further delay.

"The attention and kind offices you have regularly paid to
Americans, and the personal civilities that myself and family
experienced from you, while at Cadiz, will always continue to
excite my warmest acknowledgments, and lead me to omit no
opportunity of convincing you of the esteem and regard, with
which I am, Gentlemen, &c.

JOHN JAY.

I have before mentioned to Congress my difficulties as to correspondence. They continue, and I am obliged to give Colonel Livingston the trouble of carrying this letter to Bilboa, and delivering it with his own hands to the Captain of some American vessel. Congress might have letters from me every month, if orders were given to the Captains of the vessels bringing despatches for me, to send a trusty officer with them to me. I know that all are opened, and some suppressed, and I can think of no other way of avoiding these inconveniences. It is important that our correspondence be uninterrupted.

I have written very particularly, perhaps more so than may be prudent, but as I think it my duty, I pay no regard to consequences. If Congress will be equally well satisfied with less minute information, I wish to be told so, that their direction on this head may govern me in future. I cannot forbear again observing, that few of their proceedings remain long secret. I have very good authority for saying that copies of the letters, which passed between the Committee and the late Commissioners in France, are now in the hands of a certain foreigner. How he got them I do not know, but such is the fact, and in my opinion it calls for more care in future.

If my letters meet with the same fate, my remaining here will become a useless expense to my country.

I think I have written everything material to enable Congress to know the exact state of their affairs here. If, however, there should be any questions to which an answer would be agreeable to Congress, I wish to be informed of them; for since I left America, I have made it a rule to be always in a capacity to render a reason for every part of my conduct, and state with accuracy every fact relative to it.

I have the honor to be, &c.

JOHN JAY.

FOOTNOTE:

[25] A full account of Mr Cumberland's proceedings in Spain may be found in his _Memoirs_ published many years afterwards.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Madrid, November 30th, 1780.

Sir,

Your Excellency will receive herewith enclosed certain papers from Morocco, viz.

_No. 1._ Containing a letter of the 21st of April last, to me from Audibert Caille, who styles himself the "Consul appointed by the Emperor for such foreign nations as have none of their own in his dominions, to protect the strangers who may come to traffic in his ports pursuant to two proclamations published last year."

_No. 2._ My answer.

_No. 3._ Copy of M. Audibert's appointment.

_No. 4._ Copy of a declaration of the Emperor, 20th of February, 1778.

_No. 5._ A letter from M. Audibert Caille to Congress of 6th of September, 1779. Also, six printed copies of M. Audibert Caille's certificates.

These papers ought to have been sent with my letters of May last, but recollecting as I was then about to put them up, that if the originals should be lost on the passage, it might be difficult to obtain others, I thought it most prudent to detain them to be copied, and wait for some other opportunity of getting them to the sea; none has, however, since occurred, and I did not think them of sufficient importance to render it necessary that either Mr Carmichael or Colonel Livingston should carry them to one of the sea ports.

It is proper that your Excellency should be informed, that on the 8th instant I had a conference with the Minister at the Escurial, in which I received many good _words_ and friendly assurances, but time only can decide how they will terminate. I received a letter yesterday from Mr Harrison, of the 24th instant, and then no orders had arrived about the clothing. These delays may seem singular, but they are not uncommon. Mr Cumberland is still here. The French and English fleets are at sea.

Although appearances are not very flattering at present, I hope they will in time become more so. Patience, prudence, and perseverance, sometimes effect much. It is in my opinion very important that no dissatisfaction be expressed in America at the conduct of Spain. Complaint and disgust can answer no good purpose, but may be productive of many disagreeable consequences. A cautious silence is the more necessary, as I am confident that there are persons in America, who would make a merit of collecting and transmitting the sentiments of Congress, or _members_ of Congress, on subjects interesting to the views and objects of persons in power here.

Colonel Livingston would have returned this fall at the expiration of the term expressed in his leave of absence, had I not taken the liberty of advising him to remain, and taken upon myself to adjust this matter with Congress. As he is employed, and industrious in obtaining knowledge, which may enable him to be useful in future to his country, I must join with him in requesting that Congress will be so kind as to extend his leave of absence to such further period as may be agreeable to them.

The enclosed paper marked No. 6, is a copy of a State of the Revenues and Expenditures of Spain, in the year 1778. It was formed by a Secretary to one of the embassies, and a copy of it was given to Mr Carmichael. I received it the last day of July, and had no safe opportunity of sending it before. What credit may be due to this account I cannot determine, and I have reason to think that there are few men in the kingdom who can. This government, disposed to concealment and mystery in most matters, will not probably permit an accurate knowledge of their revenues to be easily attained. This account is perhaps as near the truth as any other. The gentleman, it is said, took much pains in forming it, and it also met with the approbation of some foreign Ministers; but how far those Ministers were judges of the subject I am uninformed. The remarks subjoined to this account are Mr Carmichael's, and were added to the copy I received from him.

I send copies of several letters, which passed between Messrs de Neufville and Son, of Amsterdam, and myself, relative to the bills drawn on Mr Laurens.[26] The conduct of that House has been so friendly and disinterested, that I think Congress should be particularly informed of it, and by taking proper notice of it, induce others to follow the example.

I have the honor to be, &c.

JOHN JAY.

FOOTNOTE:

[26] These have been inserted in the order of their several dates.

* * * * *

No. 1.

FROM D'AUDIBERT CAILLE TO JOHN JAY.

Translation.

Aranjues, April 21st, 1780.

Sir,

By order of his Majesty the Emperor of Morocco, I wrote on the 6th of September in the last year to the Congress of the United States of North America, by way of his Excellency Dr Franklin, their Plenipotentiary at the Court of France, to inform them of the pacific intentions of that sovereign.

Not having yet received any answer on their part, I fear they have not received my letter, and by way of precaution, send your Excellency herewith joined an open copy, that after perusing it, you may make such use of it as you may think proper. I also send you a copy of the two manifests therein mentioned, as well as a translation of the patent of the consuls for foreign nations, with which his Majesty the Emperor has been pleased to honor me, and some copies of the certificates which he ordered me to give to the captains of ships, which sail under his flag.

I wish, Sir, that you may receive all these papers with pleasure, and I request your Excellency to honor me with an answer, that I may be able to convince his Majesty, the Emperor of Morocco, that I have executed the commission he gave me to make known to Congress, that the subjects of the said United States might come and traffic under their own flags, in the ports of the empire of Morocco, in the like manner as they formerly did under the English flag.

Before I had the commission to write to Congress I had already written on this subject to his Excellency Dr Franklin, and I offered to interest myself cheerfully in establishing a good understanding between his Majesty, the Emperor of Morocco, and the Northern United States.

In case that Congress should be equally well pleased to be at peace with his Majesty, the Emperor of Morocco, it will be proper to instruct the captains of American armed ships to let freely pass all ships sailing under the flag of his Majesty, the Emperor, and will be provided with a certificate similar to the within mentioned copies.

I shall probably be obliged to remain here some days; as soon as my business shall be despatched, I shall set out for Cadiz, and from thence go to Sale, the place of my residence.

Whenever your Excellency may be pleased to honor me with your orders, you may address your letters to Messrs Paul Greppi, Azarino, and Company, merchants at Cadiz, who will take care to forward them to me.

I am with profound respect, &c.

D'AUDIBERT CAILLE.

* * * * *

No. 2.

TO D'AUDIBERT CAILLE.

Sir,

Your favor of the 21st day of April, 1780, with the papers enclosed in it, has come safe to hand.

The declaration of his Majesty, the Emperor of Morocco, does honor to his liberality and wisdom, and I shall with great pleasure transmit the copy of it, as well as of the other papers enclosed with it, to his Excellency the President of Congress.

Although I have no particular instructions on the subject, yet the knowledge I have of the sentiments of Congress enables me to give assurances of their disposition to cultivate peace and harmony with all nations. I am persuaded that his Majesty's declaration will be very agreeable to them, and that a correspondent conduct on their part towards the subjects of Morocco, will convince him of the truth of these assurances. I am much obliged to you for this mark of attention, and I flatter myself that by extending your good offices to such Americans as may resort to the ports of Morocco, they will have reason to consider you among the number of their friends.

Should anything interesting to America occur in Morocco, I request the favor of you to communicate it.

I have the honor to be, &c.

JOHN JAY.

* * * * *

No. 3.

COPY OF M. D'AUDIBERT CAILLE'S APPOINTMENT.

Translation.

Copy of a French translation of a writing in Arabic, the most
authentic of those that are written at the Court of his
Majesty the Emperor of Morocco.

"Let the name of the only God be praised; there is neither
wisdom nor power but what proceeds from the Lord most high
and most mighty.

"We make known by this our present and generous writing, that
we have appointed the Christian, D'Audibert Caille, who is
the bearer hereof, to officiate as consul for all those
nations who have no consuls in our dominion, and who are,
the empire of Germany, Russia, Prussia, Naples, Sardinia,
Rome, Tuscany, the States of America, Genoa, Ragusa, Hamburg,
Lubec, and Dantzic; all of whom may come into our ports, and
each of them there traffic under the flag of his nation, such
as it may be. The said consul will assist them, by our order,
in whatever may be useful to them in like manner as the other
consuls do towards the subjects of their nations. And all the
officers and governors of our ports will acknowledge him for
a consul as they do the other consuls, and whichsoever of the
said nations shall come into our ports, they shall not be
molested by any of our officers or commandants whatsoever, of
our ports. To all our captains whom we shall order to cruise
by sea, the said consul will give a passport, and we renew
our order to him to hoist the flag of peace at his house,
without being therein opposed by anybody. He may also hoist
it in any port whatever, where he may have a house of
commerce, and he shall be mediator between us and the said
nations, because we esteem him. Given the 8th of the moon of
Alcahda, 1193. (1st of November, 1779.)"

Signed by the Emperor.

We, Stephen d'Audibert Caille, a French merchant resident at Sale, appointed by his Majesty, the Emperor of Morocco, consul of those foreign nations who have none in his dominions to protect them in that capacity on all occasions, and to be mediator between him and those nations, certify to all whom it may concern, that the above copy is conformable to the original, compared by Don Miguel Cassori, the interpreter of his Catholic Majesty. In faith of which we sign the present certificate, sealed with the seal of the consulate of peace at Sale. Done at Aranjues, where I happen to be in passing, the 21st of April, 1780.

S. D'AUDIBERT CAILLE.

* * * * *

No. 4.

Translation.

_Copy of the Declaration, which his Majesty the Emperor of
Morocco (whom God preserve) orders to be notified to all
the Consuls and Christian Merchants, who reside in the
Ports of Tangier, Sale, and Mogadore, dated the 20th of
February, 1778._

"That in future all vessels, which carry Russian, German,
Prussian, Hungarian, Neapolitan, Sardinian, Tuscanian,
Genoese, Maltese, or American flags, may freely enter into
the ports of his dominions; and in consequence of his
determination, he has given orders to the commanders of his
vessels, that they let freely pass, all ships and other
vessels carrying the said flags without molesting them. To
the end, that they may arrive at his ports, take
refreshments, and enjoy in them the same privileges and
immunities, with those of the other nations with whom his
Imperial Majesty maintains peace."

I, the underwritten, employed by his Imperial Majesty for foreign affairs, certify, that the contents of the preceding declaration are conformable to the truth. And in faith thereof, I sign this present certificate. At Sale, the 30th of October, 1779.

PEDRO UMBERT.

* * * * *

We, Stephen d'Audibert Caille, a French merchant residing at Sale, appointed by his Majesty, the Emperor of Morocco, to be consul of the foreign nations who have none in his dominions to protect them in that capacity on all occasions, and to be mediator between him and those nations, certify, whom it may concern, that the said Don Pedro Umbert, who has signed the above certificate, is employed for foreign affairs at the Court of Morocco, and that in the said quality faith is to be given to his signature. In witness whereof we sign these presents, sealed with the seal of the consulate of peace, at Sale, the 1st of December, 1779.

S. D'AUDIBERT CAILLE.

* * * * *

No. 5.

D'AUDIBERT CAILLE TO CONGRESS.

Translation.

Sale, September 6th, 1779.

In quality of a French merchant, who has resided in this town since the year 1773, and whom his Majesty, the Emperor of Morocco, has lately named consul for those foreign nations who have none in his dominions to protect the strangers who might come to traffic in his ports, in pursuance of the two manifestoes which he published last year, I have the honor to inform your Excellencies, that it is his intention to be at peace with the United States of North America, and that their subjects can come to trade freely in his ports under American colors, with the like safety with those of the principal maritime powers in Europe who enjoy peace with him. Besides the good reception, which the governors of the ports of this empire will give to the subjects of the United States of North America, I will on my part render them all the services, which may depend upon me as consul for those foreign nations who have none, and as being charged to invite them to come and traffic freely in these ports, in like manner as they formerly did under the English flag.

In order that I may be able to convince his Majesty, the Emperor of Morocco, that I have executed the commission he gave me to write as above to the Congress, I entreat your Excellencies to be pleased to honor me with an answer. If you think proper to write at the same time to his Majesty, the Emperor of Morocco, relative to what I have written to you on his part, I will take care to obtain a very satisfactory answer; and I offer to interest myself very willingly, as far as may depend upon me, that a treaty of peace may be made between his Majesty, the Emperor of Morocco, and the United States of North America, nearly similar to those which the principal maritime powers have with him.

That this letter may the more safely pass to you, I address it to his Excellency Dr Franklin, your Plenipotentiary with his Most Christian Majesty. Your Excellencies may answer me through the same channel, or directly by the way of Cadiz, addressing your letter to the Sieurs Paul Grippi, Azarino, and Company. My address is, to Stephen d'Audibert Caille, consul for those foreign nations who have none in the dominions of his Majesty the Emperor of Morocco, residing at Sale, or simply "to D'Audibert, Santigo, and Company," which is that of my house of commerce.

I am, with the most profound respect, &c.

D'AUDIBERT CAILLE.

* * * * *

No. 6.

_General State of the Revenues and Expenses of Spain in the
Year 1778._

REVENUES.

Reals de vel.
Provincial duties, 70,000,000
Duties on tobacco, 55,000,000
Duties on salt, 20,000,000
Duties on wool, 17,000,000
General duties, 48,060,000
Duties on brandy, 4,525,000
2 per cent duty on the Octrois,
former grants of the Crown, 500,000
Taxes on the houses in Madrid, 1,200,000
1. King's domain in the Serrara, 140,000
Post office and couriers, 34,000,000
Tax on cards, 1,000,000
Stamp paper, 4,312,000
Tax on the taverns in Madrid, 196,000
Various revenues farmed, 6,418,552
2 Manufacture of glass at St Ildefonso, 1,500,000
3 Manufactures of St Ferdinando and
Guaudalaxa, 1,800,000
Extraordinary effects, 35,000,000
Books of Advocates and Attorneys, 62,000
Fines in the chamber of Castille, 72,000
Effects in the same chamber, 786,800
Tax on the Grand Masters, 1,800,000
Do. arising from the secular annals and
vacancies, 1,300,000
Royal lottery, 4,500,000
Cruzada, 20,000,000
4 Effects of the kingdom of Navarre, 47,500,000
American revenue[27], 200,600,000
Clergy, 13,000,000
-----------
562,273,152

EXPENSES.

Reals de vel.
The Court[28], 108,500,000
5 Land forces, 204,202,000
6 Marine, 100,000,000
Secretary of the Indies, 8,000,000
Department of Finance, 4,500,000
Favers and justice, 1,100,000
To support the tribunals, 8,422,769
7 Secretary of state and foreign
affairs, 9,873,288
8 Extraordinary expenses, 30,000,000
-----------
474,598,251

I subjoin the result of my inquiries touching the articles marked No. 1, 2, 3, 4, 5, 6, 7, 8.

No. 1, 2, 3. The sums mentioned in the preceding statement as arising from the revenues numbered as above may be deducted, as concurrent testimony induces me to believe, that the expenses consume near the whole of the revenue.

No. 4. I have been also assured, that this article is much exaggerated.

No. 5. The expenses of this establishment have greatly increased, but I have not been able to ascertain the sum.

No. 6. I have heard from good authority, that the expenses of the marine in 1776 amounted to one hundred and twentyfour millions of reals, owing to the expedition against Portuguese America. In 1777 they amounted to eightyeight millions of reals, and in 1779 to near four hundred millions of reals; which information induces me to conclude, that there were great arrears of the expenses of 1778, or that the estimate for that year is not exact.

No. 7, 8. The expenses of these departments have greatly augmented.

FOOTNOTES:

[27] The American revenue is difficult to ascertain from this circumstance; that not arriving regularly and annually, it is necessary to have the receipts for several years to be able to form an exact calculation of the modium communibus annis.

[28] The birth of the Infant has increased the Court expenses.

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Madrid, November 30th, 1780.

Gentlemen,

I have had the honor of receiving from you a letter of the 16th of June, and another of the 12th of July, 1780, with the several papers mentioned in them. With respect to the subjects of the first, you will find them fully discussed in my letter to the President of Congress, which will accompany this. The description of the bills will, I hope, answer good purposes.

How far the resolution, which immediately follows the one respecting Mr Dohrman, can be fully executed, is hard to determine. Had I funds necessary for the purpose, I should meet with few difficulties. The measure is a wise one, and my attention to it shall be unremitted. In a future letter I shall say more on this subject; as yet nothing has had time to ripen.

I must request your attention to the necessity of putting your correspondence with the public servants in Europe on a better footing. I am now at the expense of sending Colonel Livingston to the sea side with my despatches, with orders to wait for American vessels, and deliver them to the Captain with his own hands. I receive no letters by the post, but with marks of inspection, and after much delay. Some that I write never come to hand, and I know of letters having arrived from America for me, which I have never seen, and never expect to see. I know of but one man at the sea ports whom I can confide in, viz. Mr Harrison, at Cadiz. I cannot even find a courier, that I can depend on. Is it not time for America like other nations to provide against these inconveniences by proper regulations and establishments? Would it not be well to have American agents or consuls in one or more of the ports of France and Spain? Public despatches might be sent by packet boats, or other vessels to these agents, and should on no account be delivered to any other person; the agents might be ordered to send them to the Courts, to which they may be directed, by a trusty American; one of the officers of the ship, for example; and he should be ordered to wait for, and return with, the despatches of the Minister.

Would it not also be proper to provide for the safe conduct of letters to Congress after their arrival in America? I have reason not only to suspect, but to believe, that certain persons in America are attentive to these matters, and care should be taken to keep American letters out of their way.

This is an important subject and merits attention. For my own part I find several persons here, who have more intelligence from America than myself; and it is the more mortifying when considered, that they are probably often indebted for their information to the contents of letters directed to me.

I have the honor to be, &c.

JOHN JAY.

* * * * *

INSTRUCTIONS TO JOHN JAY.

In Congress, February 15th, 1781.

Sir,