John Jay Papers
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From John Jay to Arthur Lee, 26 January 1780

To Arthur Lee

Cadiz 26 Jan 17801

Sir

As a Knowledge of the Measures you may have taken ^acquire^ ^taken^ and the Information you may have gained relative to the o ^acquired relative to the^ in pursuance of your objects of your Commissioners Plenipotentiary from the un ^from the united States of America^ to conclude Treaties with his most catholic Majesty may would probably un enable me with greater Facility and Advantage to execute the Duties imposed of my Appointmt. Permit me Sir to request the Favor of you to communicate the same to me in such manner as ^you^ may be most ^in your opinion be ^^may judge^^ most prudent^ and at the same Time most full.2

Majr. Scull sailed with me in the ^imbarked with us at^ Pha. in the Confederacy with Design to go to France for the Benefit of his Health but unfortunately died on the Passage—.3 After ^his^ Death and after the it became certain that The Confederacy ha was not in Condition to prosecute her Voyage, Mr. Vaughan4 the second Lt. Lieut who had taken care of ^Charge^ of the Majors Effects, delivered me a Number of Letters found among them among which were some for you these with others that are large & to appearance contain many Enclosures, are now in my Possession— After the arrival of the Confederacy at Martinico where to where when it became certain that that the Confederacy after losing her Masts and injuring her Rudder, was not in Condition to proceed to Europe

I have in my Possession some Letters from you directed to you— They are voluminous & probably contain printed Papers. They may also be imp confidential and important ^to you^. Under these Circumstances I can only judge of your Inclination by what wd. be my own under in a similar Situation. Hence I am led to ^I should wish they might be^ detaind. them till you ^I^ coud have an opportunity of directing the Manner of their Conveyance— Upon this Principal they shall remain among my Papers till I recieve your orders what to do with them.5 I am Sir your most obedt. & very hble Servt.

The Hon’ble Arthur Lee Esqr

Dft, NNC (EJ: 8594); LbkCs, embedded in JJ to the President of Congress, 26 May 1780, below, DNA: PCC, item 110, 1: 60–61; NNC: JJ Lbks. 1 and 5; CSmH (EJ: 3339); RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 3: 471. None of these copies includes the excised passage “Maj. Scull imbarked with us . . . to proceed to Europe.”

1The Aurora reached Cádiz 22 Jan. 1780.

2James Lovell had informed Lee of JJ’s appointment as minister plenipotentiary to Spain in a letter of 13 Oct. 1779 and sent the former commissioner a copy of the congressional resolve permitting him to return to the United States. RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 3: 377–78. Lee’s supporters had attempted to have him officially appointed minister to Spain instead of JJ. See 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 , 13: 565–68, 568–69, 580; 14: 31, 68–69.

3Major Peter Scull (1753–79) of Pennsylvania served in the Continental army from 1776 to 1778, when he was appointed secretary to the Board of War. He resigned because of ill health on 1 Sept. 1779 and was nominated, but not chosen, for the post of secretary to the minister to France. On Scull’s death aboard ship, see Joseph Nourse to Horatio Gates, 20 Feb. 1780, ALS, NHi: Gates.

4Thomas Vaughan was the second lieutenant on board the Confederacy.

5These papers have not been found.

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