To John Jay from the Secretary for Foreign Affairs (Robert R. Livingston), 28 April 1782
From the Secretary for Foreign Affairs (Robert R. Livingston)
Philadelphia 28th April 1782
Dear Sir,
You will receive with this, a letter dated yesterday,1 reasons which need not be explained induce me to make this a separate Dispatch. I beleive with you, that the Court of Madrid does not wish to enter into engagements with us during the war—influenced, as I presumed not only by the reasons you suggest, which our late success must have weakened, but by another, that alarms me more. They appear to extend their views to the Country on this side of the Mississippi2 and to entertain [hopes] of holding it in virtue of their late Conquest— They presume that the acceptance of our Cession would militate against their further claim, and be considered as an acknowledgment of our Right to all we do not cede.3 it is not improbable that they are acquainted with the Power which the Court of France will have over the negotiations For Peace.4 they may build much upon their Friendship and expect to obtain thro’ it more than we will yield— Should you believe these apprehentions to [be] well founded, you ^will^ doubtless endeavour to shew on every proper occasion the Right of these States to all the Country in question you will urge the right; if Conquest can give any, which may be derived from [Willing’s]5 [expedition]. you will judge how far it may be expedient to ground demands on the right we have to a compensation for our Share of the Burden and expence of the war, if the issue should be as favorable as we have reason to expect—our Strength is so much underated in Europe, that you will find it proper to represent it, as it really is, Our regular Army including the French Troops will consist of about twenty Thousand men, they are well disciplined cloathed and fed and having for the most part seen a seven years hard service, I beleive they may be counted equal to any Troops in the world— Our Militia are in excellent order and chiefly disciplined by Officers, who have left the regular Service, while the Army lies in the middle States it can in ten or fifteen days receive a reinforcement of Eight or ten thousand men for any particular service— Facts that you can easily call to mind will evince that any deficiency in the regular Corps is amply made up by this Supply— These are loose hints, by no means directory to you, Congress mean as little as possible to clog you with instructions,—they rely upon your judgement and address to reconcile whatever differences may appear to be between the views of Spain, and the interest of these States—
I have the honor to enclose an important Resolution, which I fear to put in cypher both because you seem to be at a loss about your Cypher, and because it would be of little use, considering the accident which you say has happened to it.6 I have the honor to be Dear Sir, with great respect and esteem your most obedt humble Servant
Robt. R Livingston
The Honorable John Jay Esquire
LS, partly in code, decoded by JJ, NHi: Jay (EJ: 564). Marked: “No 8.” Endorsed: “ . . . No. 8 / Recd. 18 July 1782—”. Triplicate LS, partly in code, not decoded, NNC (EJ: 7933). Quintuplicate LS, partly in code, NNC (EJ: 7764). LbkC, partly in code, not decoded, DNA: PCC, item 118, 163–66 (EJ: 9923). Marked: “No 8”. Notation: “1st copy sent by a Frigate from Chesape / 2plicate by Ship Intrepid from Boston / 3plicate sent to Baltimore / 4plicate sent by Ship Washington / 5plicate by Ship Queen of France”. Dfts (two) and Dft with code incorporated, NHi: Robert R. Livingston (EJ: 820).
1. The Secretary for Foreign Affairs to JJ, 27 Apr., above.
2. Here in the Dft, RRL penned the following paragraphs with the indicated variations: “beyond the bounds of the Floridas & they have may have some ^& to entertain^ ideas of holding it in consequence of their conquests ^it^ in consequence ^virtue^ of the^ir^ conquests they have made [illegible] right they believe might be weakened by their acceptance their acceptance of our cession they may very well presume would militate against their right ^claim^ & be ^considered as^ a tacit acknowledgement of ours to all we do not cede—It which is not improbable, they are acquainted with the power the court of Versailles are invested with over negotiations for a general peace—they may like wise build much upon their friendship to obtain more extensive rights than those we are willing to cede.
“If you should ^you^ believe these apprehentions well founded you may ^will^ think it expedient to counteract them by shewing on every occasion the right of these states to all the country on this side the mississipi not included in the bounds of Georgia ^the Floridas^ and to make the most among other things of Willings expedition— I will inclose the capitulation of the inhabitants. It may be well when it can be done without appearance of design to take occasion to mention this as included in the ultimata of Congress as a part of the United States—so as to destroy all hope that they may build upon the instructions [illegible] above mentioned—influence of France on the negotiations— You will judge too ^how^ far it will be expedient to ground [some?] demands on the rights the United States have to some compensation for the burdens & expences of the war if the issue of it should be favourable— Our strength is so much underated in Europe that you will do well to place our affairs in the most favorable point of view, my accounts of the strenght numbers & condition of the ^northern^ army in my last letters are not exagerated—that to the southward I can give you no certain account of, tho I believe tha it may amount to abt. 3000 men— But the a considerable part of our strength consists in a well regulated militia, as the numerous facts which you will easily call to mind will confirm—
“These are loose hints in no way directory to you Congress would not wish to clog your measures by particular instructions they place the utmost confidence in your judgment they see the delicacy of your negotiation & leave to you to reconcile the view of Cong Spain with the interests of these States—”
This content, subsequently modified in the later Dfts until it approximated the content in the LS, is from the first of the three Dfts in NHi: Robert R. Livingston (EJ: 820).
3. RRL’s apprehensions had probably been aroused by La Luzerne, who had discussed American willingness to cede “east Louisiana” to Spain with Virginia and New York delegates in May 1780. RRL was a member of the delegation at that time. See the notes to the President of Congress to JJ, 15 Feb. 1781, above.
4. See Instructions of the Continental Congress to the Ministers Plenipotentiary to Negotiate a Treaty of Peace, 15 June 1781, above.
5. “Willing’s” was left undecoded by JJ but appears in the Dft. In 1777, James Willing, youngest brother of Thomas Willing (1731–1821) of Philadelphia and a merchant in British West Florida before the Revolution, was commissioned a captain in the American navy and dispatched to the lower Mississippi to win support for the Patriot cause in West Florida, either by persuasion or by force. His successful raids in 1778 at least temporarily blocked British supply routes but incited the enmity of West Floridians. See John Caughey, “Willing’s Expedition down the Mississippi, 1778,” Louisiana Historical Quarterly 15 (1932): 5–36.
6. The enclosed resolution approving JJ’s conduct was moved by James Madison, seconded by Joseph Jones, and passed by Congress on 30 Apr. 1782. , 22: 219–20. JJ had expressed doubts about the reliability of the Thomson code, fearing that a copy had been inspected while in transit to him. He had also reported his inability to decipher several of RRL’s letters. See JJ to RRL, 25 Apr. 1781 and 28 Apr. 1782, both above.