John Jay Papers
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To John Jay from the Secretary for Foreign Affairs (Robert R. Livingston), 8 August 1782

From the Secretary for Foreign Affairs (Robert R. Livingston)

[Philadelphia, 8 August 1782]

Dear Sir,

Your Letter of the 28th April was received by Major Franks, when the Contents were communicated to Congress.1 The repeated Slights and Neglects you have experienced excited their warmest Resentment. Several Members feeling that our Obligations to Spain were extreamly Small; that our affairs here and in Europe gave us a Right to think as an independent People were for entering into Resolutions which might perhaps have presented a more lively Picture of their own Sensations than good Policy could justify. After much Deliberation they came to the inclosed Resolution No.  2 in which they have in some Measure entered into your Sentiments: They expected some equivalent for the cessions they have offer’d. If in this Expectation they are deceived, they see no Reason why they should stand open against them. The commerce between this country and Spain is a very important object3 to America. The trade which an Industrious people carry on those who do not manufacture for themselves is always valuable and perhaps Treaty’s of Commerce with any other nations may be consider’d as disadvantageous.4 I could therefore have wished to see his Catholic Majesty’s Ministers sentiments on that Point. From the Conversation you relate in your Letter of the 3d October to have passed between you and the Count de Florida Blanca on that Subject, I am led to think he expected we would ask peculiar Priviledges. How far it might be possible to obtain a Commercial Connection with their Colonies it is difficult to say, but any Intercourse would by the Ingenuity of our Merchants be turn’d to advantage.5 What the Sentiments of Congress on the Subject of the proposed guarantee of each others teritory’s in America, I know not, but I most heartily wish that we could avoid entering into it with Spain, it may one day compel us to what neither our Interest or Consciences will justify, nor can it in any sense be consider’d as equal, since the Guarantee of spain will be of little Moment to us after the War. I need not remind you of the Caution that will be necessary on your Part to prevent this Guarantee from extending to their Conquests on the Mississippi.6

We have Reason to conclude from a variety of Circumstances, that you will see in the inclosed Papers, that Savana is evacuated, though Congress have yet no official Account of that Event. Our Army are still on Hudsons River. They amount to about twelve thousand Men. They are well appointed and better disciplined. The French Army, consisting of something less than five thousand, are on their March to the same Post. A few Days ago the Marquis de Vaudreuil7 with thirteen Sail of the Line, having on board fourteen hundred, has arrived at the Capes, where they will remain ’till ( ) days8 to cover the sailing of the Trade & proceed to Boston to refit. The Southern Armies retain their old Stations. Green in South Carolina & Wayne in Georgia. I shall conclude this Letter that I may attend to an important Debate in Congress on the Subject of the Instructions for making Peace: Should any Alterations take Place I shall write to you again by this Conveyance—9 I sent to Dr Franklin a set of Bills to enable him to pay you and other Ministers one Quarters Salary— I shall send a second set by this conveyance, together with Bills for the amount of your second Quarters Salary terminating the first of July 1782.10

I wish you to send me as soon as it may be11 convenient an exact state of your account. The Bills are purchased at 6/3, for 5 Livres. This Letter is written in Doctor Franklin’s cypher, which will do as well as any other I presume, when, agreeable to your request conveyed in your favour of the 12th of May,12 I direct for France. I have the honour to be with the greatest Respect and Esteem Your Excellency’s most obedient and humble Servant

Robt. R. Livingston

N.B. The Letter and Resolutions are written in No. 4 of Dr. Franklins Cypher transmitted by Mr. Morris.13

By the United States in Congress assembled

August 17th 1782

Resolved,

That the Minister Plenipotentiary at the Court of [Spain be instructed to14 forbear making any overtures to that court or15 entering into any stipulations in consequence of overtures which he has made and in case any propositions be made to him by said court for a treaty with the United States16 to decline acceding to them until he shall have transmited them to congress for approbation unless the treaty proposed be of such a tenor as to render his accession thereto necessary to the fulfillment of the stipulation on the part of the United States contained in the secret and separet17 articles of their treaty with his most christian majesty].18

Resolved that [mr19 jay be at liberty to leave Spain and go into any other part of europe whenever the state of his health may require it].20

LS (duplicate), partly in code, using Morris-Franklin code “No. 4” (WE008), undecoded, with enclosure signed by RRL, consisting of two encoded copies of the resolution of Congress of 7 Aug. 1783 using the Morris-Franklin code and Thomson code (WE007), and C, deciphered, in hand of W. T. Franklin, marked triplicate, NHi: Jay (EJ: 565, 575). Endorsed by JJ and W. T. Franklin: “Mr Jay No. 12 Dupl. / R. Livingston 8 Aug. 1782 No. 12 dupl.” LS, Quadruplicate, labeled “No. 12,” partly in Morris-Franklin code (WE008), and enclosed two copies of the resolution also in both codes (WE007 and WE008), decoded by the editors of JJUP, NNC (EJ: 7766). Endorsed: “ . . . Recd. 5 Nov. 1782, No. 12 quad.” Dft, (misdated 9 Aug.), NHi: Robert R. Livingston (EJ: 828), and FC, partly in cipher, undeciphered, NHi: Robert. R. Livingston (EJ: 827); LbkC, partly deciphered, DNA: PCC, item 118, 242–46 (EJ: 9927), with the notation at the beginning: “1st Copy by the Ship Washington, 2plicate by the Ship Queen of France, 3plicate by the Ship St. James, 4plicate by Washington Packet.” A second notation at the end reads: “Enclosed Resolutions of Congress on the 7th: August Cyphered in both Mr Franklin’s and Jay’s Cypher.” For the texts of the enclosed resolutions as adopted by Congress, 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 , 22: 455–56. Decoding of the encoded text of the letter is that done by William Temple Franklin, with additions and corrections by the editors. Decoding of enclosures by editors, using the Franklin version (WE008) and checking against the Thomson version (WE007). On the codes, see “John Jay’s Use of Codes and Ciphers” (editorial note), JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 11.

1See JJ to the Secretary for Foreign Affairs, 28 Apr. 1782, JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 747–77; and 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 , 22: 449–51, 455–56. There is no sentence break here in the letter as drafted by RRL (EJ: 828)

2Number left blank in manuscript and in draft. “No.” omitted in LbkC.

3Corrected by William Temple Franklin, this reads “objects” in the draft and in the encoded versions.

4Here in the draft and in RRL’s LbkC the sentence reads “rather as disadvantageous than otherwise.”

5See JJ to the President of Congress, 3 Oct. 1781, JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 580–602. For a more extensive discussion on commercial treaties, see the Secretary for Foreign Affairs to JJ, 12 Sept. 1782, below.

6JJ’s treaty propositions of 22 Sept. 1781 did include a mutual guarantee of respective but unspecified territories. See JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 569–70.

7Vice Admiral Louis Philippe de Rigaud, marquis de Vaudreuil (1724–1802), French naval commander.

8Misread by William Temple Franklin. Code correctly reads “there () Days.” RRL apparently intended to replace the parentheses with the correct number of days but failed to do so before his amanuensis encoded the letter. The equivalent phrase in the draft is “A few days”.

9On the debate, see JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 777n36.

10On the salary arrangements, see the Secretary for Foreign Affairs to JJ, 9 May 1782, JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 790.

11In “quadruplicate” LS (EJ: 7766), “it may be” is replaced by “is”.

12See JJ to RRL, 14 May 1782, JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 793.

13Note not reproduced in “quadruplicate” LS (EJ: 7766). The note positively identifies BF’s “cypher” as “Office of Finance Cipher No. 4” (WE008). See “John Jay’s Use of Codes and Ciphers,” JJSP, 2 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay, Volume 2, 1780–82 (Charlottesville, Va., 2012) description ends : 10–11.

14“Spain be instructed to” is in plaintext in the Thomson code (WE007) version.

15Transcription error in Franklin code (WE008) by RRL. Code “47” reads “Financier.” Changed to “147,” which reads “or”.

16“The United States” is in plaintext in the Thomson Code (WE007) version.

17RRL’s spelling. Also a coding error in EJ: 565 version 1 (in the Thomson code [WE007]), reading “house” instead of “par.” All other versions omit “and separet.” Thomson versions use “article” in the singular.

18The “secret and separate article” signed at Paris 6 Feb. 1778 reserved to the King of Spain “the Power of acceding to the said Treatys, and to participate in their stipulations at such time as he shall judge proper.” Miller, Treaties description begins David Hunter Miller, ed., Treaties and Other International Acts of the United States of America, 1776–1863 (8 vols.; Washington, D.C., 1931–48) description ends , 2: 45–46.

19Literally “Master” in Franklin Code version (WE008).

20The second resolution is evidently worded to covertly sanction JJ’s trip to Paris to join BF in the peace negotiations. RRL sent multiple copies of the resolution in both codes with the request that BF decrypt and forward the resolution to JJ should he still be in Spain. See RRL to BF, 9 Aug. 1782, PBF description begins William B. Willcox et al., eds., The Papers of Benjamin Franklin (40 vols. to date; New Haven, Conn., 1959–) description ends , 37: 717. Decoding of these paragraphs by the editors was done from EJ: 565, enclosure one, and verified by a second version in EJ: 7766. N.B.: the orthography varies slightly in the versions using the Thomson code (WE007), but without change of sense.

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