John Jay Papers
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To John Jay from the President of Congress (Samuel Huntington), 28 May 1781

From the President of Congress (Samuel Huntington)

In Congress May 28. 1781

Sir,

Your Letter of the 6th of November last detailing your Proceedings from the twenty sixth of May down to that Period, has been received by the United States in Congress assembled; at the same Time was received your Letter of the 30th of November with the several Papers therein referred to.1

It is with Pleasure, Sir, I obey the Direction of Congress to inform you that throughout the whole Course of your Negotiations & Transactions, in which the utmost Address & Discernment were often necessary to reconcile the Respect due to the Dignity of the United States with the Urgency of their Wants, and the Complaisance expected by the Spanish Court, your Conduct is entirely approved by them. 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, & 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 & for aiding them with a Supply of Cloathing for their Army.2

You are also authorized and instructed to disavow in the most positive & 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 & good Faith both of his most Christian and of 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.

Should the Court of Spain persist in the Refusal intimated by its Minister, to accede to the Treaty between the United States and his most Christian Majesty, or make it the Basis of its Negotiations with you, the Difficulty it is conceived may easily be avoided, by omitting all express Reference to that Treaty, and at the same Time conforming to the Principles and Tenor of it; and you are accordingly authorised so far to vary the Plan of your original Instructions. As his Most Christian Majesty however may justly expect in a Matter which so nearly concerns him, and which was brought into Contemplation in the Treaty he so magnanimously entered into with these States, the strongest Marks of Attention and Confidence, you will not fail to maintain in the several Steps of your Negotiations a due Communication with his Minister at the Court of Spain, and to include his Interests as far as Circumstances will warrant.3

You are authorized to acquaint his Catholic Majesty that not only entire Liberty will be granted during the War at least, to export naval Stores for a Royal Marine, but that every Facility will be afforded for that Purpose.4

As Congress have no Controul over the Captains of private Vessels, however proper your Hints may be of obliging them to give a Passage to American Seamen returning home from foreign Ports, and to send an Officer with the Dispatches entrusted to them for foreign Ministers, it is impracticable to carry them into Execution, you will therefore continue to provide for these Objects for the present in the best Manner you can. As soon as the United States are in Condition to establish Consuls in the principal Ports of the States with which they have Intercourse, the Difficulty will be removed, or if any other practicable Remedy be suggested in the mean Time, it will be applied.5

The Letter of which you enclose a Copy from Stephen Audibert Caille, stiling himself Consul for unrepresented Nations at the Court of Morocco, had before been received through the Hands of Doctr. Franklin. If you shall see no Objection to the contrary, you will correspond with him, and assure him in Terms the most respectful to the Emperor, that the United States in Congress assembled entertain a sincere Disposition to cultivate the most perfect Friendship with him, and that they will embrace a favorable Occasion to announce their Wishes in Form.—6

The generous and critical Services rendered these United States by Messrs Neufville & Son have recommended them to the Esteem & Confidence of Congress. You will signify as much to them, and that their Services will not be forgotten whenever a proper Occasion offers of promoting their Interests.7

Your Intimation with respect to complimenting his Catholic Majesty with a handsome, fast sailing, Packet Boat, claims Attention, but the Variety of public Embarrassments will render the Execution of it very uncertain.—8

Congress agree to an Extension of Col. Livingston’s Furlough, ’till the further Order of Congress, which you will make known to him.

Your Letter of the 16th Day of September last was received on the 4th Day of December. No Bills have been drawn on you since.9 That of the 28th of January was received on the 27th Day of April, and in Consequence of it the Sale of the Bills already drawn, but then remaining on Hand, was countermanded.—10

By a Letter from Mr Carmichael dated the 22d of February, and received on the 27th of April last, Congress are informed that you had received Dispatches from them dated in October11

These must have contained Instructions to you to adhere to the Claim of the United States to the Navigation of the Mississippi. A Reconsideration of that Subject determined Congress on the fifteenth Day of February last to recede from that Instruction so far as it insisted on their Claim to the Navigation of that River below the 31st Degree of North Latitude, and to a free Port or Ports below the same.12 On the Receipt of this latter Instruction Congress have little Doubt, that the great Obstacle to your Negotiations will be removed, and that you will not only be able without further Delay to conclude the proposed Alliance with his Catholic Majesty; but that the Liberality and friendly Disposition manifested on the Part of the United States, by such a Cession, will induce him to afford them some substantial and effectual Aid in the Article of Money. The Loss attending the Negotiation of Bills of Exchange has been severely felt. A Supply of Specie through the Havannah would be much more convenient & acceptable—

By Order of Congress
Sam. Huntington President13

LS, NHi (EJ: 569). Endorsed. LS (marked duplicate), NHi (EJ: 10077). Endorsed: “ . . . via Cadiz / Recd 11 July 1781”. LS (marked duplicate), NNC (EJ: 7757). Endorsed.

1JJ’s letters of 6 and 30 Nov. (two letters), above, were received by Congress on 23 Apr., read in the course of the next two days, and assigned to a committee whose members were James Duane, Samuel Adams, and James Madison. The committee delivered its report, to which the above letter is virtually identical, on 2 May. James Duane moved on 7 May to elect a consul to Spain the following Thursday, and it was so ordered. Madison nominated Richard Harrison for the position. On 11 May the committee reported in favor of referring action on disposing of the America to Spain to the Board of Admiralty. On 16 May, the Board of Admiralty, which had also been given JJ’s letter of 28 Jan., above, recommended allowing JJ to dispose of the America and naval stores to Spain on whatever terms he judged best for the honor of the United States; Congress at first approved but later rescinded this recommendation. 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 , 20: 437, 472, 484, 497, 508; PJM description begins William T. Hutchinson, William M. E. Rachal, Robert A. Rutland, et al., eds., The Papers of James Madison, Congressional Series (17 vols.; Chicago and Charlottesville, Va., 1962–91) description ends , 3: 101–7. For the dispatching of David S. Franks to Spain, see William Bingham to JJ, 13 July 1781, below.

2On the clothing, see Notes on John Jay’s Conference with Floridablanca, 23 Sept. 1780, above, and notes.

3On Spain’s anger at the Franco-American treaty, see Notes on John Jay’s Conference with Floridablanca, 23 Sept. 1780, communicated to Congress in JJ’s letter of 6 Nov., both above.

7See John de Neufville & Son to JJ, 13 July, and JJ to John de Neufville & Son, 4 Oct. 1780, both above. JJ conveyed this commendation to Neufville in his letter of 16 July 1781. See HPJ description begins Henry P. Johnston, ed., The Correspondence and Public Papers of John Jay (4 vols.; New York, 1890–93) description ends , 2: 55–56.

8See Notes on John Jay’s Conference with Floridablanca, 23 Sept., and JJ to the President of Congress, 6 Nov. 1780, both above.

11See Carmichael to the Committee for Foreign Affairs, 22 Feb. 1781, RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 4: 265–66. The dispatches were not specified.

13On the delivery of this letter to JJ by Floridablanca on 11 July, and on JJ’s reaction to Congress’s approbation, see his letters to the President of Congress, 1 Aug. and 3 Oct., below.

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