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,
Congress having since their instructions to you of the 29th of September, 1779, and 4th of October, 1780, relative to the claim of the United States to the free navigation of the river Mississippi, and to a free port or ports below the thirtyfirst degree of north lat.i.tude, resumed the consideration of that subject, and being desirous to manifest to all the world, and particularly to his Catholic Majesty, the moderation of their views, the high value they place on the friendship of his Catholic Majesty, and their disposition to remove every reasonable obstacle to his accession to the alliance subsisting between his Most Christian Majesty and these United States, in order to unite the more closely in their measures and operations three powers who have so great a unity of interests, and thereby to compel the common enemy to a speedy, just, and honorable peace; have resolved, and you are hereby instructed to recede from the instructions above referred to, so far as they insist on the free navigation of that part of the river Mississippi, which lies below the thirtyfirst degree of north lat.i.tude, and on a free port or ports below the same; provided such cession shall be unalterably insisted upon by Spain; and provided the free navigation of the said river, above the said degree of north lat.i.tude, shall be acknowledged and guarantied by his Catholic Majesty to the citizens of the United States in common with his own subjects. It is the order of Congress, at the same time, that you exert every possible effort to obtain from his Catholic Majesty the use of the river aforesaid, with a free port or ports below the said thirtyfirst degree of north lat.i.tude for the citizens of the United States, under such regulations and restrictions only, as may be a necessary safeguard against illicit commerce.
I am, &c.
SAMUEL HUNTINGTON, _President_.
TO JOHN JAY
February 20th, 1781.
Sir,
The President sends you instructions pa.s.sed in Congress the 15th.
Personally, I am mortified that no letters from you since September 16th have reached us. We have not waited for the minute information promised in yours of that date, nor have we received any notice of your receipt of our instructions of October 4th, before we discussed anew the old subject. There has been unfair dealing with your despatches. I apprehend that we are allowed to see only sentiments somewhat different from yours. Perhaps the enclosed memorandum may be some clue to your scrutiny.
On the 10th of January, Congress resolved to establish an office for foreign affairs, which I hope will make your station more easy and reputable. I wish most earnestly to have a choice made of the secretary, to whom I may deliver all the papers in my possession connected with his duty.
I am, Sir, your friend and humble servant,
JAMES LOVELL, _For the Committee_.
TO JOHN JAY.
March 9th, 1781.
Sir,
You will herewith receive gazettes and journals, also a resolve respecting the complete ratification of the articles binding the Thirteen States as a confederated body. The delay of that business appears now like all the other circ.u.mstances of our rise and growth; for the present is really the best of all times for that particular event. Our enemies have been ripening themselves for this capital _ment.i.tis_.
We have no letters from you or Mr Carmichael later than those mentioned in my last, a copy of which attends this.
I am, Sir, your friend and humble servant,
JAMES LOVELL.
TO THE PRESIDENT OF CONGRESS.
Madrid, March 22d, 1781.
Sir,
I ought, and wish to write your Excellency a long letter, but not by the post. The French fleet is not yet sailed. It will, in my opinion, be late in the summer before the fleet at Rhode Island will be reinforced. This Court has promised me one hundred and fifty thousand dollars. Some clothing is now shipping on account of Congress from Cadiz.
Russia has offered her mediation to England and the States-General.
The latter have accepted it. The answer of the former (if given) is not known here. If she should refuse, Russia will probably take part with the Dutch; if she accepts, she will doubtless be obliged either to agree to terms consistent with the armed neutrality, or continue the war. The consequences of either are obvious.
M. Necker has published a state of the French finances, much to his honor and their credit. Perhaps a complimentary order to translate and publish it would be useful.
Mr c.u.mberland will set out on his return, through France, in a few days.
This letter is intended to go by Captain Trask, from Bilboa. I am told he will sail much sooner than had been given out, and that unless my letters go by this evening"s post, they would arrive too late. Hence I am obliged to write in haste, and say little, there being no time for cyphers. I have received some letters from your Excellency. Their dates shall be mentioned another time.
I have the honor to be, &c.
JOHN JAY.
TO THE PRESIDENT OF CONGRESS.
Madrid, April 25th, 1781.
Sir,
I have had the honor of receiving your Excellency"s letters of the 6th and 17th of October last, with the enclosures. They arrived the 30th day of January last. There is more than reason to suspect, that the French Court were apprised of their contents before they arrived, and to believe that the construction of the treaty, by which the navigation of the Mississippi is supposed to be comprehended in the guarantee, does not correspond with their ideas on that subject. This Court continues pertinaciously to insist on our ceding that navigation, nor will they, as yet, listen to any middle line. Whether this be their real motive for declining a treaty with us at present, or whether the bills drawn upon me have inspired an expectation of profiting by our necessities, or whether they flatter themselves with a future majority of Congress on that point, or whether they choose, by continuing free from engagements with us, to be better enabled to improve to their advantage the casualties of the war, are questions which still remain undecided. Indeed, the movements of this Court in general, when compared with the great rules of national policy applicable to their situation, is so inexplicable, that I should not be surprised, if it should appear in future, that they had no fixed system whatever.
My last particular letter informed your Excellency, that having, in September last, been told that his Majesty could not advance us any money, but could be responsible for a loan to the amount of one hundred and fifty thousand dollars, I determined to continue accepting the bills, to attempt the loan, and by a representation of my situation to the French Court, endeavor to save the necessity of protesting them for non-payment.
I tried to borrow here on the security of this responsibility, but without the least success. I attempted it in France, but it would not do. I made the like attempt in Holland, and a gleam of hope appearing there, I was about improving it, when a letter from America informed me, that Mr Adams was authorised to execute the business, which had been committed to Mr Laurens. I had heard before of his being in Holland, but did not know the object which had called him there.
Several letters pa.s.sed between Messrs De Neufville and myself on the subject of this loan. The following is a copy of my last to them about it.
TO DE NEUFVILLLE & SON.
"Madrid, January 8th, 1781.