John Jay Papers
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To John Jay from the President of Congress (Samuel Huntington), 16 October 1779

From the President of Congress (Samuel Huntington)

[Philadelphia, 16 October 1779]

Sir,

By the treaties subsisting between his most Christian Majesty and the United States of America, a power is reserved to his Catholic Majesty to accede to the said treaties and to participate in their stipulations at such time as he shall judge proper, it being well understood nevertheless, that if any of the stipulations of the said treaties are not agreeable to the King of Spain, his Catholic Majesty may propose other conditions analogous to the principal aim of the alliance and conformable to the rules of equality, reciprocity and friendship.1 Congress is sensible of the friendly regard to these States manifested by his most Christian Majesty and these United States; and therefore that nothing may be wanting on their part to facilitate the views of his most Christian Majesty and to obtain a treaty of alliance and of amity and commerce with his Catholic Majesty, have thought proper to anticipate any propositions which his Catholic Majesty might make on that subject by yielding up to him those objects which they conclude he may have principally in view, and for that purpose have come to the following resolution,

“That if his Catholic Majesty shall accede to the said treaties and in concurrence with France and the United States of America continue the present war with Great Britain for the purpose expressed in the treaties aforesaid,2 he shall not thereby be precluded from securing to himself the Floridas; on the contrary if he shall obtain the Floridas from Great Britain, these United States will guaranty the same to his Catholic Majesty; provided always that the United States shall enjoy the free navigation of the river Mississippi into and from the Sea.”3

You are therefore to communicate to his most Christian Majesty the desire of Congress to enter into a treaty of alliance and of amity and commerce with his Catholic Majesty and to request his favourable interposition for that purpose; at the same time you are to make such proposals to his Catholic Majesty as in your judgment, from circumstances, will be proper for obtaining for the United States of America equal advantages with those which are secured to them by the treaties with his most Christian Majesty, observing always the resolution aforesaid as the ultimatum of these United States. You are particularly to endeavour to obtain some convenient port or ports below the 31st degree of north latitude on the river Mississippi free for all merchant vessels, goods, wares and merchandize, belonging to the inhabitants of these States.4

The distressed state of our finances and the great depreciation of our paper money incline Congress to hope that his Catholic Majesty, if he shall conclude a treaty with these States, will be induced to lend them money; you are therefore to represent to him the great distress of these States on that account, and to solicit a loan of five million of dollars upon the best terms in your power not exceeding six per centum per annum, effectually to enable them to co-operate with the allies against the common enemy. But before you make any proposition to his Catholic Majesty for a loan, you are to endeavour to obtain a subsidy in consideration of the guaranty aforesaid.

You are to use your utmost endeavours for obtaining permission for the citizens and inhabitants of these States to lade and take on board their vessels salt at the island of Salt Tortuga; and also to cut, load and bring away logwood and mahogany in and from the bay of Honduras and its rivers, and to build on its shores storehouses and magazines for the woodcutters and their families in the extent ceded to his Britannic Majesty by the seventeenth article of the definitive treaty concluded at Paris the tenth day of February, 1763, or in as great extent as can be obtained.5

Given at Philadelphia this Sixteenth day of October in the year of our Lord one thousand seven hundred and seventy nine and in the fourth year of our Independence, by the Congress of the United States of America.

Saml. Huntington, President

Attest, Chas. Thompson, Secy.

LS, body in the hand of Charles Thomson, PC (photocopy at DLC); printed, LDC description begins Paul H. Smith et al., eds., Letters of Delegates to the Continental Congress, 1774–1789 (26 vols.; Washington, D.C., 1976–98) description ends , 14: 85–87. Addressed: “The honble John Jay minister plenipotentiary appointed to negotiate a treaty of Amity and Commerce and of alliance with his Catholic Majesty.” Endorsed by JJ: “Instructions to John Jay, 16 Octr. 1779.” LbkC, NNC: JJ Lbk. 4. Dfts of instructions, DNA: PCC, item 25, 1: 325–28, 329–32.

1In a conference with JJ on 23 Sept. 1780, Floridablanca informed JJ that French and Spanish interests with regard to America were so different that Spain would never agree to be a partner in the Treaty of Alliance, which France had concluded without Spain’s knowledge and without inviting Spain to be a party to it. He also asserted that the treaty and its secret article had nearly caused a rupture between the two nations. See JJ’s notes on this conference, embedded in JJ to the President of Congress, 6 Nov. 1780, DNA: PCC, item 110, 1: 298–315.

2Article 2 of the treaty specified that the object of the alliance was to “maintain effectually the liberty, Sovereignty, and independence absolute and unlimited” of the United States in matters of government and finance.

3Congress wavered between hopes that it could conquer the Floridas and persuade Spain to accept this conquest, and willingness to use the Floridas as a bargaining chip to obtain even more desirable objectives. On 5 Aug. 1779, Congress stipulated that if Britain persisted in prosecuting the present war, the American plenipotentiary should “consult on, prepare and conclude, with the ministers of his most Christian and of his catholick majesty, a treaty or treaties, offensive and defensive; in which offensive treaty, nevertheless, he shall insert, on the part of these states, a proper article or articles for obtaining Canada, Nova Scotia, and the islands of Bermuda; and an equal share in, and full acknowledgment of, the equal common right of these states to the fisheries.” Subsequent motions, both passed in the affirmative, added the Floridas and navigation of the Mississippi to the items previously mentioned. A month later, on 9 Sept., Congress expressed the hope that Spain would guarantee both the Floridas, “when conquered,” and “free navigation of the Mississippi into the sea.” It provided, however, that if the Spanish monarch should “positively insist upon the Floridas being ceded to him, and upon the exclusive navigation of the Mississippi” below the thirty-first degree of latitude, the minister was allowed to make these concessions in exchange for a guarantee of Canada, Nova Scotia, the Bermudas, and the fisheries. He was, however, to attempt to procure free commerce for Americans with a port or ports below this latitude, except for any articles the treaty might enumerate, and was to advise Spain that the United States did not wish to continue the war in order to obtain those territories. In the formulation arrived at on 10 Sept., Congress agreed not to preclude Spain’s acquisition of the Floridas and offered to assist the king with “such provisions and naval stores” as the king might require that the states could furnish. It offered to guarantee Spain the Floridas in exchange for free navigation of the Mississippi to the sea, a free port or ports, and an annual subsidy of unspecified amount. Variants on these provisions were discussed on 11, 17, and 28 Sept., at which time Congress also specified that it would like a loan of $5 million at an interest rate of no more than 6 percent to enable it to cooperate with its allies. See JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 14: 924–26; 15: 1042–43, 1046–47, 1048, 1080–84, 1118–21. On the implementation by Robert Morris of the promises of supplies, see JJ’s notes on a conference with Floridablanca, 23 Sept. 1780, LbkC, embedded in JJ to the President of Congress, 6 Nov. 1780, DNA: PCC, item 110, 1: 298–99.

4Congress reiterated the instructions on the Mississippi in the letter from the President of Congress to JJ, 4 Oct. 1780, LbkC, PPAmP: Franklin Papers (EJ: 2660). For a reconsideration, see the President of Congress to JJ, 15 Feb. 1781, LS, NNC (EJ: 7750).

5On 4 Oct., Congress considered adding the salt privileges to its objectives; on 13 and 15 Oct., it considered reports recommending that it attempt to obtain logging privileges as well (JCC description begins Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, D.C., 1904–37) description ends , 15: 1140–41, 1168, 1179). Spain had previously been forced to concede these privileges to Britain. Spain had, however, made removal of the British from the Bay of Honduras and revocation of the logging privileges on the Campeche coast a war objective in the pact of Aranjuez. If this objective was achieved, French subjects were to be allowed to cut some wood there. For Spain’s hope to use the war with Britain to clear the Gulf of Mexico of all rival powers, see JJ’s notes on a conference with Floridablanca, 23 Sept. 1780, DNA: PCC, item 110, 1: 311; and Bemis, Diplomacy of the Am. Rev., description begins Samuel Flagg Bemis, The Diplomacy of the American Revolution (Indianapolis, Ind., 1965) description ends 85.

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