Chapter II: The Military State of North America (8)

I say I should have played this game a little further, if the presumption before mentioned had been admissible, because it has uniformly been my opinion, that if after sending me here Congress had constantly avoided all questions about the Mississippi, and appeared to consider that point as irrevocable, Spain would have endeavored to purchase it by money, or a free port, but as her hopes of a change in the opinion of Congress were excited, and kept alive by successive accounts of debates, and intended debates on that question, and as Congress by drawing bills without previous funds had painted their distress for want of money in very strong colors, Spain began to consider America as a petitioner, and treated her accordingly. But as by the intervention of Dr Franklin, our bills for near six months were safe, and as after this resolution of the 15th of February, there was reason to expect that the subject of it would not soon be resumed in Congress, I should, in case I could have depended on this instruction's being and remaining a secret, have thought it my duty to have given the United States a fair trial for the Mississippi, or at least for a free port near it. With this view I should have appeared to give myself no concern about the bills, applied for no aids, made no offers, and on all proper occasion have treated an alliance with Spain as an event, which, though wished for by us, was not essential to our safety, and as the price demanded for it appeared to us unreasonable, it was not probable we should agree. I think we should then have been courted in our turn, especially as the Minister was very desirous of having our men-of-war on the stocks, and that thus dealing with them on terms of equality, would have produced some concessions on their part, as inducements to greater ones on ours. I am persuaded in my own mind, that prudent self-respect is absolutely necessary to those nations, who would wish to be treated properly by this Court, and I have not the least doubt but that almost any spirit will prosper more here, than that of humility and compliance. I had no doubt but that this plan of conduct would have been perfectly consistent with that part of the instruction, which orders me to make every possible effort to obtain from his Catholic Majesty the use of the river aforesaid, &c. For whatever might have been, or may be, my private sentiments, they shall never in mere questions of policy influence me to deviate from those of Congress.

But on the other hand there being abundant circumstantial evidence to induce a firm persuasion, that the Ministry were well acquainted with the contents of this instruction, this plan would have been idle. The moment they saw that the cession of this navigation was made to depend upon their persevering to insist upon it, it became absurd to suppose, that they would cease to persevere. All that remained for me therefore to do was, in the next conference to break this subject as decently as possible, and in such a manner as would account for my not having mentioned this instruction at our last meeting.

On Wednesday evening, the 23d of May, I waited upon the Count agreeably to his appointment. The Count seemed a little hurried in his spirits, and behaved as if he wished I had not come. He asked me rather abruptly, if I had anything particular to communicate to him, and whether I had received any further letters. I told him I had received some private ones from L'Orient, but that none from the President of Congress had as yet, reached me, though I had reason to expect one by that opportunity, as well as by the vessel lately arrived at Cadiz. I informed him of my having received from Mr Harrison a copy of his memorial to the Governor of Cadiz, complaining that letters brought for him by the Virginia, from Philadelphia, had been stopped at the gates, on pretence, that they must agreeably to an ordinance for that purpose be put into the post office, and charged with the like postage as if brought from Spanish America. He said he had not yet received a copy of the memorial, but that there was such an ordinance, and that it was highly proper the admission of letters into the kingdom, especially in time of war, should be under the direction of government. That letters from North America rendered new regulations necessary, and that he would turn his thoughts to this subject, and do what should appear equitable. This was another proof of what I before suspected, and looked like an indirect apology for opening my letters.

It surprised me a little that he said nothing of the remarks he had desired me to make on M. Gardoqui's going to America, especially as he had appointed this meeting for that purpose. To give him further time, I started a new subject, and begged he would take the earliest opportunity of completing the business of the Dover cutter. Notwithstanding all that had before passed between us about this affair, he affected to be very ignorant of it, and asked me a number of questions. I recapitulated the circumstances of the capture, my several applications to him on the subject, his promise finally to order the prize to be appraised, and the value to be paid to the captors, the arrival of one of them at Madrid, &c. &c. He replied, with some degree of quickness and perplexity, that it was not a lawful prize, the crew not having authority to do what they did; that he had sent to the Canaries for particular information respecting the value, &c. that two of the packet boats had been taken; that he would pay some gratuity to the captors, and wished I would give him another state of the whole case in writing, to refresh his memory, which I promised to do, and have since done.

He then resumed the subject of the letter, which I expected from Congress. He expressed his regret at its not having arrived, said he was preparing instructions for M. Gardoqui, who would certainly depart in June, and that until I could give him precise information of the dispositions of Congress, he could not enter into any further conversations on the subject of the proposed treaty. I joined in regretting the miscarriage of my public letter, and the more so, as my private ones gave me reason to expect instructions, which would enable me to comply so far with his Majesty's views, as that I hoped no further delays would intervene to prevent a perfect union between Spain and the United States. That my correspondence had given me to understand that Congress viewed the speedy accomplishment of this union as very important to the common cause; and, therefore, if Spain would consent forthwith to come into it, in that case they would gratify his Majesty by ceding to him the navigation of the Mississippi, below their territories, on reasonable terms.

He replied, that he earnestly desired to see all difficulties on this point removed, but that the treaties subsisting between Spain and other nations, as well as the particular policy and determination of Spain, rendered it necessary that she should possess the exclusive navigation of the Gulf of Mexico. After a variety of other remarks of little importance, he made a very interesting observation, which will help us to account for the delays of the Court, viz. That all these affairs could with more facility be adjusted at a general peace than now, for that such a particular, and even secret treaty with us might then be made, as would be very convenient to both. That he nevertheless wished to know exactly the views and intentions of Congress, but that I must wait for the arrival of my letters, and that he would in the meantime finish M. Gardoqui's instructions, whose going to America, he did not doubt, would make a useful impression on the English Court. I was beginning to reply to what he said when he interrupted me, by mentioning his not having time at present to prolong the conference.

Throughout the whole of this conversation, the Count appeared much less cordial than in the preceding one; he seemed to want self-possession, and to that cause I ascribe his incautiously mentioning the general peace as the most proper season for completing our political connexions. I had, nevertheless, no reason to suspect that this change in his behavior arose from any cause more important than those variations in temper and feelings, which they, who are unaccustomed to govern themselves often experience from changes in the weather, in their health, from fatigue of business, or other such like accidental causes.

As I had not as yet received any letter from the President, either by the Virginia, or the vessel lately arrived at L'Orient, nor by Colonel Laurens, who, I was informed, had brought letters for me, I concluded it would be most prudent to wait ten days, or a fortnight, before I proceeded to act on the copy of my instruction received from Mr Lovell, expecting that such other letters as might then have arrived in France or Spain for me, would reach me in the course of that interval, if at all. And I determined, in case I should receive none, to proceed, without further loss of time, to make a formal overture to the Minister for a treaty on the ground of this instruction. It happened, however, that the Minister was so occupied during the remaining time that the Court staid at Aranjues, by the expedition preparing to sail from Cadiz, under the Duke of Crillon, and other matters, that it was impossible to engage a moment of his attention to American affairs. The removal of the Court to Madrid necessarily consumed some time, and as soon as they were well settled there, I wrote the Count the following letter; none of the letters expected from America having come to my hands.

TO THE COUNT DE FLORIDA BLANCA.

Madrid, July 2d, 1781.

"Sir,

"When Congress were pleased to order me to Spain, with the
commission of which I have had the honor of presenting a copy
to your Excellency, I left my country with the most sanguine
expectations, that the important objects of it would be
speedily accomplished. The proofs they had received of his
Majesty's friendship for them, the interests of a common
cause, and the information they had received from persons
whom they conceived in capacity to give it, all conspired to
infuse these hopes.

"On my arrival, your Excellency gave me to understand, that
the realising these expectations would turn on one point, and
I have uniformly since been informed, that this point was the
navigation of the Mississippi below the territories of the
United States, in which Congress desired to retain a common
right, but of which the maxims of policy adopted by his
Majesty required the exclusive use.

"I have now the honor of informing your Excellency, that
Congress, in order to manifest in the most striking manner
the sincerity of their professions to his Majesty, and with a
view that the common cause may immediately reap all the
advantages naturally to be expected from a cordial and
permanent union between France, Spain, and the United States,
have authorised me to agree to such terms relative to the
point in question, as to remove the difficulties to which it
has hitherto given occasion.

"Permit me, therefore, to hope, that his Majesty will now be
pleased to become the ally of the United States, and for that
purpose authorise some person or persons to adjust with me
the several points of compact necessary to form a union,
which, by being founded on mutual interest, may be no less
satisfactory than it certainly will be important to both
countries.

"Your Excellency will oblige me exceedingly, by putting it in
my power to give Congress early, explicit, and, let me add,
agreeable information of his Majesty's pleasure and
intentions on the subject of this letter.

"I have the honor to be, &c.

JOHN JAY."

Although it was sufficiently evident, that the Court of France could not, for the reasons assigned in my letter to Congress, of the 6th of November, 1780, openly and warmly interpose their good offices to bring about this treaty, it nevertheless appeared to me most prudent, to behave on this occasion towards the Ambassador, as if I knew nothing of those reasons, and, therefore, sent him a copy of the aforegoing letter to the Minister, enclosed in one of which the following is a copy.

TO THE COUNT DE MONTMORIN.

"Madrid, July 2d, 1781.

"Sir,

"I have the honor of transmitting to your Excellency herewith
enclosed, a copy of a letter I have this day written to his
Excellency, the Count de Florida Blanca. I have thereby
informed him of my being authorised to remove the objections
hitherto made by the Court of Spain to a treaty of alliance
with the United States, and again requested that the
measures necessary for the purpose may now be taken.

"Permit me to request, that the favorable interposition of
our kind and generous ally with his Catholic Majesty may be
exerted to commence the proposed negotiation, and bring it to
a speedy and happy conclusion.

"The confidence justly reposed by America in the amity and
assurances of his Most Christian Majesty, forbid me to urge
this request by any arguments, (persuasives being indelicate,
when not warranted by doubts of inclination.) I am happy in
reflecting, that his instructions on this subject are
committed to the execution of a Minister, from whose
attachment, as well as from whose talents and address, the
American cause may expect to derive advantage.

"I have the honor to be, &c.

JOHN JAY."

The instructions above alluded to are those, which Count de Vergennes, in his letter to me of the 13th of March, 1780, assures me should be sent to their Ambassador here. I must confess to Congress, that I very much doubt his ever having received any other instructions, than generally to favor the treaty, and to manage his interference in such a delicate manner, as, without alarming the pride of Spain, to give both parties reason to think themselves obliged.

The French Ambassador sent me no answer to this letter, which, in my opinion, gives a greater degree of probability to my conjectures. I must, nevertheless, do him the justice to say that I have great reason to believe him to be in sentiment, and with sincere attachment, a friend to our cause; and that he considers the honor and interest of France deeply concerned in the success and support of it.

On the 11th of July, having received no answer from the Minister, I waited upon him. He told me, he had received my letter, but that the short time the Court would remain at Madrid, and the multiplicity of business that he was obliged to despatch, would not admit of his attending to our affairs till after the arrival of the Court at St Ildefonso. He then informed me, that a vessel had arrived at Cadiz, which had brought despatches for me, and that his courier had brought them to Madrid. He then delivered me a number of letters, among which was one from his Excellency the President, of the 28th of May last.[32]

I need not observe, that all these letters bore evident marks of inspection, for that has uniformly been the case with almost every letter I have received.

I do not recollect to have ever received a letter that gave me more real pleasure. When I considered, that almost the whole time since I left America had afforded me little else than one continued series of painful perplexities and embarrassments, many of which I neither expected, nor ought to have met with; that I had been engaged in intricate and difficult negotiations, often at a loss to determine where the line of prudence was to be found, and constantly exposed by my particular situation to the danger of either injuring the dignity and interest of my country on the one hand, or trespassing on the overrated respectability and importance of this Court, on the other; I say, Sir, that on considering these things, the approbation of Congress gave me most singular and cordial satisfaction.

I was also happy to perceive from this letter, that the plan of my late letters to the Minister and French Ambassador, of the 2d of July, above recited, happens to correspond exactly with the views of Congress, respecting the manner of conducting this negotiation.

It appearing to me, that the communication I was directed to make to this Court could not be better made than in the very words of this letter, which seemed exceedingly well calculated for the purpose, I recited them in a letter, which I wrote two days afterwards to the Minister, viz.

TO THE COUNT DE FLORIDA BLANCA.

Madrid, July 13th, 1781.

"Sir,

"I have now the honor of communicating to your Excellency a
copy of certain instructions I have just received from
Congress, dated the 28th of May, 1781, and which were
included in the despatches, which your Excellency was so
obliging as to deliver to me the evening before the last,
viz.

"It is their instruction, that you continue to acknowledge on
all suitable occasions, the grateful impression made on these
States by the friendly disposition manifested towards them by
his Catholic Majesty, and particularly by the proofs given of
it in the measures which he has taken, and which it is hoped
he will further take for preserving their credit, and for
aiding them with a supply of clothing for their army.

"You are also authorised and instructed to disavow in the
most positive and explicit terms, any secret understanding or
negotiation between the United States and Great Britain, to
assure his Catholic Majesty that such insinuations have no
other source than the insidious designs of the common enemy,
and that as the United States have the highest confidence in
the honor and good faith, both of his Most Christian and his
Catholic Majesty, so it is their inviolable determination to
take no step, which shall depart in the smallest degree from
their engagements with either.'

"It gives me pleasure to observe that these instructions
confirm, in the fullest manner, the assurances and
professions I have heretofore made to your Excellency
respecting the sentiments and dispositions of the United
States, and I flatter myself that his Majesty will be pleased
to consider the assurances they contain, as receiving
unquestionable proofs of sincerity from the offer I have
already made to confirm them by deeds, no less important to
the interests than, I hope, consistent with the views and
desires of his Majesty.

"I cannot omit this occasion of presenting my congratulations
on the success of his Majesty's arms at Pensacola. This event
cannot fail of being followed by important consequences to
the common cause, and may perhaps induce the enemy to expect
greater advantages from concluding a reasonable peace, than
continuing to protract an unrighteous war.

"Having understood, shortly after receiving my letters from
your Excellency, that the Court had also received despatches
from Philadelphia, I presumed that the communication of any
gazettes from thence, which indeed contain all the
intelligence I have, would be useless, and therefore did not
send them; but on considering that it was possible that the
papers I had might be of later date than those which your
Excellency might otherwise receive, I now take the liberty of
enclosing two, which contain accounts somewhat interesting.
If they should be new to your Excellency, I beg that their
not being sooner sent will receive an apology from the
abovementioned circumstance; and that your Excellency will
remain assured of the perfect respect and consideration with
which I have the honor to be, &c.

JOHN JAY."

I also took the earliest opportunity of mentioning to the Ambassador of France, that my letters from America gave me reason to believe that our union was daily growing more warm and intimate, and that Congress, in writing of their affairs here, had expressed themselves in the strongest terms of attachment to his Most Christian Majesty, and not only approved of my communicating freely and confidentially with his Ambassador here, but also directed me in express terms to endeavor, in the course of my negotiations, to include and promote the interests of France.

The Ambassador was much pleased. He told me his letters assured him that the best understanding subsisted between the French and American troops, and that much good might be expected from the increasing harmony and intercourse between the two countries.

The Court removed to St Ildefonso without the Minister's having either given any instructions to M. Gardoqui, answered my abovementioned letters, or taken the least notice of my late representations to them about the Dover cutter, &c.

The events of the campaign were as yet undecided, and little money in the treasury.

On the 21st of July the Minister wrote me the following note, in which there was ample field left open for procrastination.

Translation.

"The Count de Florida Blanca presents his compliments to Mr
Jay, and has the honor of acquainting him, that he has duly
received his two letters of the 2d and 13th instant. The
short stay of the Court at Madrid allowing time only to
despatch the most pressing business, the Count de Florida
Blanca has not been able to take into consideration the
points, which form the object of the abovementioned letters.
He proposes therefore to do it at present, in order to render
an account thereof to the King, and in the meanwhile he has
the honor to repeat to Mr Jay the assurances of the most
perfect esteem and consideration.

"_St Ildefonso, July 21st, 1781._"

On the 4th of August, I arrived here. I did not see the Minister till the 8th, he being, as I was told, from home. He had made no communications to the King. He had been sick; he had been busy, and was so still. I requested to be informed when it would be most convenient to him to confer with me on the subject of my late letters, and to give me such information relative to his Majesty's intentions, as he might be prepared to communicate to me. He answered, that he could not then fix a time, being exceedingly hurried by pressing business. He asked how long I proposed to stay, I told him till the Court removed. He then promised to take an early opportunity of conferring with me on the subject of our affairs, and promised to send me word when he should be ready to receive me.

I remained in this state of suspense and expectation until the 18th of August, when having been for a week past very much indisposed with a fever and dysentery, and fearing lest that circumstance might become a ground of delay, I wrote the Count word, "that my health would permit me to wait upon his Excellency at any time and place he might do me the honor to name." He replied two days afterwards, in a manner which indicated his supposing I had gone to Madrid and had returned. He must have known better, for none of my family had been absent from hence, and one or other of them were almost daily about the palace and gardens.

Translation.

"The Count de Florida Blanca is charmed to learn, that Mr Jay
has sufficiently recovered from his last indisposition to
make the journey from Madrid to this place, and thanks him
for his attention in communicating it to him.

"The very pressing business with which he finds himself at
present surrounded does not permit him to fix the day for a
conference with Mr Jay, but the moment he shall be a little
disengaged, he will have the honor to advise Mr Jay of it.

"_St Ildefonso, August 20th, 1781._"

On the 22d I sent him a note enclosing a newspaper, which contained an account of General Greene's operations, the capture of Fort Watson, &c.

The Count answered this note by another, expressing his thanks for the intelligence, but not a word of a conference.

On the 30th of August Major Franks arrived here with interesting despatches, of which I must not here take notice, lest I interrupt the thread of this letter, which I devote particularly to the affair of our negotiations for a treaty.

There was indeed among these despatches a very sensible letter from Mr R. Morris to me about money matters,[33] &c. excellently well calculated for being shown entire to the Minister.

I consulted with the French Ambassador on the propriety of giving the Minister a copy of it. He advised me to do it, and much commended the letter. As it might have suffered from being carelessly translated, I had it put into very good French.

I was very glad to see the Major. The nature of the despatches he brought being a secret occasioned speculation, and gave me an opportunity of drawing further advantages from his arrival. His accounts of American affairs were favorable to us, and the manner of his behavior and conversation has not done discredit to himself, nor prejudice to his country.

The Ambassador of France having assured me that the Minister had really been a good deal indisposed, I thought it would be best to write him a letter in a style somewhat adapted to his situation. He certainly appears to be fatigued, and worn down by business. He looks as I have seen some members of Congress look, after two years' attendance.

TO THE COUNT DE FLORIDA BLANCA.

"St Ildefonso, September 3d, 1781.

"Sir,

"When I consider that the delicate state of your Excellency's
health demands a greater degree of leisure and relaxation,
than the various business of your office will permit, it is
with great reluctance, that I can prevail upon myself to
remind your Excellency, that since our conference at
Aranjues, the affairs of the United States at this Court have
made no progress.

"The short residence of his Majesty at Madrid, I am
persuaded, made it necessary to postpone the discussion of
these affairs to this place; and since my arrival here on the
4th of August last, I have daily flattered myself with being
enabled to communicate to Congress his Majesty's pleasure on
the important subjects, which by their order I have had the
honor of laying before your Excellency.

"It has also for some time past been my duty to have
requested your Excellency's attention to some other objects,
which, though of less public importance, are nevertheless
interesting to individuals, as well as to the commercial
intercourse of the two countries, but it did not appear to be
consistent with the respect due to your Excellency to solicit
your attention to new objects, while this former remained
undespatched for want of time.

"It would give me great pleasure to have it in my power to
regulate all my applications by your Excellency's
convenience, and though I am happy to see the connexion
between our two countries daily increasing, yet as that
circumstance will naturally render necessary applications to
government more frequent, I fear the duties of my situation
will often press me to be troublesome to your Excellency.

"On Friday evening last I received some important despatches
from Congress, which I shall do myself the honor of
communicating at any time, which your Excellency may be
pleased to name. The gentleman who brought them, will after
passing on to Paris, return immediately to Philadelphia, and
will with pleasure execute any orders which your Excellency
may honor him with, for either of those places. His stay here
will be but short. As soon as I can ascertain the day of his
departure, your Excellency shall have immediate notice of it.
As Congress will naturally expect to receive by him
particular information respecting their affairs here, I
cannot forbear expressing how anxious I am to make him the
bearer of welcome tidings; and permit me to hope, that your
Excellency's sensibility will suggest an apology for the
solicitude which appears in this letter.

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

JOHN JAY."

On the 5th, I received the following answer, viz.

Translation.

"The Count de Florida Blanca has been much mortified not to
be able to receive the visit of Mr Jay, not only on account
of the too pressing business, which has engaged all his time,
but also by reason of the indisposition he has suffered, and
still suffers.

"Although he be not in a situation to engage in long and
serious conferences for the reasons abovementioned, he will,
nevertheless, be charmed to converse a moment with Mr Jay,
one of those leisure evenings when there is no business with
the King; in which case, Mr Jay may, if he thinks proper,
bring with him the officer in question.

"Saturday, for instance, towards eight o'clock, the interview
may take place."

_Wednesday, the 5th of September._

Your Excellency will be pleased to observe, that the Minister in the above note intimates a desire that I should bring Major Franks with me. I thought it best to do so; but lest his presence should be a check upon business, and as it was natural to suppose, that the Count would begin by asking him questions about our affairs, I desired the Major to relate to him the impression made in America by that article in the capitulation of Pensacola, which permitted the garrison to go to New York. I also desired the Major to retire into the ante-chamber and leave me alone with the Minister, as soon as the latter should appear to have finished with him.

At the time appointed, viz. the evening of the 8th of September, we waited upon the Minister.

The Count received us very politely. He spoke much of his want of health, and how greatly it incapacitated him for business. He then asked the Major several questions about our military operations. The Major answered them clearly, and, in speaking of the proposed siege of New York, very naturally introduced an account of the surprise and apprehensions occasioned by the permission given to the Pensacola garrison to join that of New York. The Count confessed it was ill done; said it was very unexpected, and that they ought to have been sent to Europe; that the like should not happen in future, and that proper orders upon that subject should be despatched to their Generals. He then observed, that our fears were not altogether well founded, for that those troops were restrained by the capitulation from taking arms against the allies of Spain till exchanged, and could not operate against our troops without also operating against those of France, who were joined with them, and who, it was well known, were the allies of Spain. The Major replied, that it was feared that the enemy would attempt to evade this reasoning, by insisting that the French troops in America were only to be considered as auxiliaries to the United States, and that though that argument might be fallacious, yet, that in matters affecting America, the enemy had invariably neglected good faith, whenever they found it convenient.

The Count asked how long the Major would stay here. I told him, that I only detained him in expectation of being soon enabled by his Excellency to write something decisive by him to Congress on the subjects under his consideration. He said he hoped in the course of next week to enter into serious conferences with me on those subjects, and that he would give me notice of the day. He offered to give the Major letters to the Spanish Ambassador at Paris, and to do him any other services in his power. He then rose from his chair in a manner indicating indisposition, said he was unable to do business, and that M. Del Campo should inform me when it would be convenient for him that I should see him again. I expressed my regret at his illness, and gave him the French translation of Mr Morris's letter, adding, that I had intended to offer him some remarks on the subject of it. He said he would read it with pleasure. He spoke of Mr Morris's appointment, and after conversing a few minutes about the good consequences expected from it, and of the services done by that gentleman to Spain, in some business they had committed to his care, we parted.

Thus this conference ended as fruitless as the last.

Eight days elapsed. I heard nothing from the Minister. He was daily at Court, and every evening took his ride.

I repeatedly mentioned and complained of these delays to the French Ambassador. He regretted them, promised to speak to the Minister on the subject; but, I believe, did not. I appeared much dissatisfied, though not with him; and told him, that if Major Franks returned to America with no other intelligence than that of repeated delays, it was more than probable that Congress would be much hurt, as well as much disappointed. He had the same fears, and advised me to detain the Major.

It became in my opinion important, that the Minister, as well as the French Ambassador, should be seriously apprehensive of my dismissing the Major with letters, that would render Congress very little disposed to make sacrifices to this Court. The manner of doing this required some caution. I could think of nothing better than to prepare a letter to the Minister, and send the Ambassador a fair copy of my draft for his consideration and advice.

The following are copies of that letter, and of the one I sent with it to the Ambassador.

TO THE COUNT DE MONTMORIN.

"St Ildefonso, September 16th, 1781.

"Sir,

"The paper herewith enclosed is the draft of a letter, which
I think of writing to his Excellency, the Count de Florida
Blanca.

"The subject, as well as the occasion, demands that dexterous
and delicate management, of which they only are capable, who
possess an accurate judgment and much experience in affairs
of this kind.

"I am happy, therefore, that on such occasions I can avoid
the risk of committing errors, by recurring to your friendly
advice. Without compliment, but with sincerity,

I am, Sir, &c.

JOHN JAY."

TO THE COUNT DE FLORIDA BLANCA.

"Whatever may be the issue of the American revolution,
whether that country shall continue independent, or be doomed
to reunite her power with that of Great Britain, the good
will and affection of the people of North America cannot in
either case be unimportant to their neighbors; nor will the
impressions made upon their minds by the benefits or
injuries, which they may receive from other nations in the
course of their present struggles, ever cease to have a
certain degree of influence on their future conduct.

"Various circumstances led Congress at an early period to
suppose, that the Court of Spain had wisely and generously
determined to take a decided part in their favor. The
supplies granted to them by his Catholic Majesty, soon after
the British armies became numerous in America, spoke this
language in strong terms, and the assurances repeatedly given
me by your Excellency, that his Majesty would firmly support
their cause, and never consent to their being reduced to the
subjection of Britain, left no room to doubt of his friendly
disposition and intentions towards them.

"Many obvious considerations prompted Congress to desire,
that an intimate connexion might speedily be established
between the two countries by such treaties as would take from
the enemy every prospect of success, and secure to Spain and
the United States the permanent enjoyment of mutual
advantages and reciprocal attachment. With this view Congress
were pleased to send me to Spain, and the first letter I had
the honor of receiving from your Excellency gave me reason to
believe, that the object of my mission was not displeasing
to his Majesty; unavoidable and long delays were,
nevertheless, created by differences respecting a certain
important right, which America wished to retain. So strong,
however, was the reliance of Congress on his Majesty's
assurances of support, and such was their disposition to
render the proposed treaties consistent with his
inclinations, that they have since agreed to remove the only
obstacle, which seemed to prevent his Majesty from realising
those assurances by substantial aids and an open declaration
of his intentions.

"But unfortunately for America, and perhaps for the general
cause, the delays in question have not ceased with the cause
to which they were ascribed, and although the confidence
reposed by Congress in his Majesty's assurances will not
permit them to doubt of his determination to support their
independence, yet the silent inattention, with which their
offers to remove the former obstacle to a treaty have long
laid unanswered, must appear to them as being very singular.
Your Excellency has indeed repeatedly promised me to name a
time when I should have an opportunity of conferring with you
on that and other subjects submitted to your consideration,
but it constantly happened that the expectations excited by
these promises proved abortive.

"Knowing that Congress would expect to receive by the return
of Major Franks particular information respecting their
affairs here, I was anxious to send them some intelligence
more welcome than I have reason to think a detail of delays
and procrastination would be, in a season when they would be
indulging the most flattering expectations from the measures
they had taken to gratify his Majesty. For this reason I
informed your Excellency, that I should detain Major Franks
for the present, and your Excellency promised me on the 8th
instant, that you would appoint some time in the ensuing week
for entering into a serious conference about these matters,
and that M. Del Campo should give me notice of it. That week,
however, has passed away without having been witness to any
such notice or conference.

"I think your Excellency will do me the justice to
acknowledge that the utmost respect, delicacy, and patience,
have been observed in all my transactions with your
Excellency, and therefore I cannot forbear hinting that my
constituents are at least entitled to that species of
attention, which the most dignified sovereigns usually pay to
the friendly propositions of such States, as solicit either
their aid or alliance in a decent manner, viz. a candid
answer.

"I am sensible that Spain possesses a higher degree on the
scale of national importance than the United States, and I
can readily admit, that the friendship of this Court is of
more immediate consequence to America, than that of America
to the Spanish empire. But as his Catholic Majesty and his
Ministers doubtless extend their views beyond the present
moment, it would ill become me to remark, how essential it is
to the happiness of neighboring nations, that their conduct
towards each other should be actuated by such passions and
sentiments only, as naturally tend to establish and
perpetuate harmony and good will between them. Most certain
it is, that in whatever manner the negotiations between Spain
and North America may terminate, various good or evil
consequences will in future naturally and necessarily flow
from it to both.

"There is good reason to believe, that the apparent
indecision of Spain, relative to an open acknowledgment of
the independence of the United States, has inspired other
nations with doubts and conjectures unfavorable to the
American cause, and on the other hand, it is more than
probable that, if his Catholic Majesty would be pleased to
declare to the world, that the United States were his allies,
and that he had given his royal word to support their
independence, Holland and many other nations would follow his
example.

"On such an event, also, it might not be difficult to form a
permanent alliance between France, Spain, the Dutch and the
United States, and thereby not only prevent a separate peace
between the Dutch and English, but effectually reduce the
latter to reasonable terms of general pacification.

"The limits of a letter forbid my enlarging on these topics.
The eyes of America, and indeed of all Europe, are turned
towards Spain. It is in the power of his Catholic Majesty to
increase his friends and humble his enemies. I will only add
my most sincere wishes, that the annals of America may inform
succeeding generations, that the wisdom, constancy, and
generous protection of his Catholic Majesty, Charles the
Third, and of his Minister, the Count de Florida Blanca, are
to be ranked among the causes that insured success to a
revolution, which posterity will consider as one of the most
important and interesting events in modern history.

JOHN JAY."

The Ambassador called upon me in the evening to answer my letter.

He observed, that the delays of which I complained were not singular, but that others, and even himself, experienced the like. That he had reason to believe this Court were really disposed to treat with us, though the time when might be doubtful. That the remarks made in the draft of my intended letter were but too just; that he feared they would give offence; that at any rate, he thought I had better postpone it, and for the present write one less pointed, and more laconic. We had much conversation on the subject, unnecessary to repeat. It ended in my consenting to pursue his advice.

It is observable, that he did not offer to return me the draft of this letter, though I had agreed to suppress it.

The letter which, agreeable to the Ambassador's advice, I substituted in the place of the other, is in these words, viz.

St Ildefonso, September 17th, 1781.

"Sir,

"A reluctance to despatch Major Franks without transmitting
by him to Congress the information they expect to receive, on
the subject I have had the honor of submitting to your
Excellency's consideration, has induced me hitherto to detain
him, especially as I was encouraged to hope that your
Excellency would have found leisure last week for entering
into serious conference with me on those important points.
The same reluctance prevails upon me to detain him another
week, and I think it my duty to inform your Excellency that
he will set out on Saturday next.

"I need not remark to your Excellency, that if the letter I
may then write by him should not contain the desired
intelligence, Congress will naturally be led to apprehend
that their expectations of forming an intimate union with
Spain were not well founded.

"I have the honor to be, &c.

JOHN JAY."

On the 19th, I received the following answer.

Translation.

"The Count de Florida Blanca would have been charmed to have
had it in his power to have a long conference with Mr Jay, if
his ordinary indispositions had not prevented him; he will,
therefore, have the honor to see him this evening about eight
o'clock, if Mr Jay will give himself the trouble of waiting
on him, either alone or with Major Franks, and in
communicating to the King the result of their conference, he
will endeavor to prevail on his Majesty to name some other
person to confer with Mr Jay in case of need, in order to
avoid, as much as possible, the embarrassments which Mr Jay
has hitherto experienced.

_Wednesday, 19th of September, 1781._"

I waited upon the Count at the time appointed. The following is a copy of my notes of that conference.

_Notes of a Conference held at St Ildefonso, on Wednesday
Evening, the 19th of September, 1781, between his
Excellency, the Count de Florida Blanca, and Mr Jay,
agreeably to the appointment of the former._

The Count introduced the conference by asking for Major Franks, and why Mr Jay did not bring him with him. Mr Jay answered, that as Major Franks was not charged with the transaction of any business with his Excellency, and had, at a former interview, answered such questions relative to American affairs as the Count had thought proper to ask him, Mr Jay did not think his attendance on this occasion necessary, as he supposed his Excellency meant to enter at present into the discussion of the matters referred to in Mr Jay's last letter.

The Count then proceeded to enumerate the various obstacles arising from his ill health, the multiplicity of business, which had so long subjected Mr Jay to the delays he had hitherto experienced, and which, for his part, he could not but regret; that agreeable to his promise made to Mr Jay soon after his arrival, and frequently afterwards repeated, he had attempted to commit to paper his sentiments on the various points on which the proposed treaties must turn, and although he had made some progress in it, he had, for the reasons abovementioned, been obliged to leave it imperfect; that daily experience convinced him that his official business was too extensive and various to admit of his application to other objects, especially as his indisposition often rendered it impracticable for him to pay a due attention to it; that he, therefore, conceived it necessary that some person, duly authorised to confer with Mr Jay on these subjects, should be appointed by his Majesty; that he intended on Sunday next to recommend this measure to the King, to whom he would at the same time communicate the copy of Mr Morris's letter to Mr Jay, which the latter had given him; that in order to the putting of this matter in proper train, it would be expedient for Mr Jay previously to commit to paper his ideas of the outlines of the proposed treaties, and particularly to state the propositions he might think proper to make relative thereto; that he had been informed, that the treaties between France and America had been preceded by the like measures; for that the American Commissioners had first offered a plan of propositions, and then M. Gerard was appointed to confer with them before those treaties were drawn into the state they now appear, and finally concluded. That the like proceedings were rendered particularly necessary in this case, by the variety and importance of the points necessary to be adjusted between Spain and America; that in forming political connexions between nations, constant regard must be had to their reciprocal interests, and care taken, by previous arrangements, to avoid the inconveniences which would result from any clashing of interest; that three great points presented themselves, as requiring great attention, in forming the proposed connexion between Spain and America.

1st. The aids requested by America, as stated in Mr Morris's letter, were very considerable; that it would be necessary, on the part of Spain to determine what pecuniary aids it might be in their power to grant either by loan or subsidy, as well as the time, place, and manner of payment; for that great punctuality was requisite in such transactions, as well that the royal engagements might be properly fulfilled, as that Congress might not be subjected to inconveniences and disappointments; that on the part of America, it must be ascertained what compensation they should make, as well as the time and manner of doing it; and that it might be well to consider how far such compensation might be made in ship timber, or other productions of that country; that a compensation would be indispensable, for that the King, being only the guardian of his dominions, would not think himself justifiable in dispensing with the just rights of his people.

2dly. That the commercial concerns of the two countries was another point, which would call for very accurate and important regulations. That so far as this commerce would respect the United States and old Spain, the difficulty would not be very great; for that such commerce being in a considerable degree permitted to other nations, America ought also to participate in the benefits of it. But with respect to the Spanish dominions in America, as all other nations were excluded from any direct commerce with any part of them, the United States could not reasonably expect to be on a better footing than other nations, and particularly the French, who were the near allies of Spain.

3dly. That with respect to the proposed treaty of alliance, Mr Jay must be sensible, that the several engagements, which would thereby be rendered necessary between the parties, the matters of boundary, and the navigation of the Mississippi, would give occasion to several important articles, which ought to be maturely considered and well digested. To this end, he wished that Mr Jay would immediately turn his thoughts on these subjects, and offer him such a set of propositions, as might become the basis of future conferences between him and the person whom he expected his Majesty would appoint.

The Count then took occasion to observe, that he had long wished Mr Jay had offered him such propositions, but that his Court had as yet received from Congress nothing but good words and fair assurances, and that though his Majesty had given them some little aids, yet they had discovered no disposition, by acts, to acknowledge them. Mr Jay reminded his Excellency of his having, at a very early day, undertaken to commit to paper the outlines of the proposed treaties, and that the constant expectations of his perfecting it, had restrained Mr Jay from offering anything of the like nature on the subject. That he could conceive of nothing in the power of Congress to do, which could more fully evidence their disposition to gratify his Majesty, than their having offered to recede from their claims to the navigation of the Mississippi, though the preservation of it was deemed of the highest importance to their constituents. The Count admitted the propriety of both these observations, and said he hoped that the delays, which had so long embarrassed Mr Jay, would soon be terminated.

Mr Jay expressed his anxiety to be enabled to communicate to Congress some decided intelligence, respecting the aids they might expect from this Court; to which the Count replied, that the sum requested was great, the expenses of the kingdom very extensive, and the means of obtaining the sums necessary to defray them subject to many difficulties; that he would, as he had before mentioned, communicate Mr Morris's letter to the King, and, until that was done, he could not be in capacity to say anything further on the subject; that as the appointment of a person to confer with Mr Jay would rest with his Majesty, he could not say who in particular it would be, but he hoped, and was persuaded that it would be some person well-intentioned towards America; that he was the more confirmed in this expectation, from the friendly disposition, which the King had early and constantly manifested towards that country; that he would again repeat what he had before told Mr Jay, viz. that the King, when acting in capacity of mediator for a peace, had refused to permit that country to be sacrificed; that since the rupture with Britain, tempting and advantageous offers had been made to him to withdraw his protection from America, and conclude a separate peace; that he had rejected these offers, and still continued determined to support the States; that this conduct ought to be viewed as extremely generous, as no political connexions or engagements did then, or do as yet subsist between the two countries. Mr Jay assured his Excellency that the magnanimity of this conduct had made a deep impression on the people of America; that nothing but want of opportunity would ever prevent their expressing it more strongly than by words, and that the sense they entertained of it, had greatly influenced the late measure they had taken to comply with his Majesty's desires. The Count then pressed Mr Jay again to send him the paper above mentioned before Sunday, adding that he sincerely wished nothing might be wanted to put the business in a proper train; that for his part, he had the best disposition towards America, as well as personal regard for Mr Jay, and, after adding some complimentary expressions relative to the character of the latter, he concluded.

I was a little surprised that the Count should expect to receive from me, in the course of three days, formal propositions on the several points stated in this conference. But it would not have been proper for me to desire further time.

On the 22d of September, I sent him the following letter and propositions.

"St Ildefonso, September 22d, 1781.

"Sir,

"I have the honor of transmitting, herewith enclosed, the
propositions requested by your Excellency on Wednesday
evening last.

"I have endeavored to render them as short and simple as
possible, and I flatter myself that the unreserved frankness
with which they are written will be no less agreeable to your
Excellency, than I am sure it is consistent with the desire
and disposition of my constituents.

"As the issue of this measure will in a great degree
ascertain the expectations which Congress entertain from
their negotiations here, and as they flatter themselves with
receiving information on this subject by the return of Major
Franks, they will doubtless excuse my detaining him another
week, unless your Excellency should sooner be enabled to
communicate to me his Majesty's pleasure relative to the
proposed treaty.