John Jay Papers

From John Jay to William Carmichael, 2 October 1780

To William Carmichael

[Madrid 2 Oct. 1780]

Dr. Sr.

I have rec d. yours Le Guerre just now ^this afternoon^ gave me a Letter from you dated to Day enclosing a Bundle ^parcel^ of Bills which I dare say are right—those from of Nesbit and Williams I return en enclosed as you desire—1

As to the Residue of the Letter it wd have given me more pleasure to ^have^ seen you and talked the matter over in the Course of a Walk I was just going to take when your Servt. came in— However as it seems ^as^ you wd ^probably^ rather have what I have have to say on that Subject on Paper I shall readily postpone my Walk and not defer the Explanation to a till we meet.

The Fact stands thus— I desired you at St Ildefonso to reduce my Conference had there with the Minister to writing—you did so and gave me the Draft—on reading it I percieved some Errors tho not very material and chiefly ^in it^ ^& particularly^ in the order, about which I was the more clear as previous to the Conference I had reduced what I intended to say to short notes which I also gave you. Time passed, I was just returning [to] Madrid and I told you I wd. correct it here, and we wd. settle it on your Arrival— On reading it again I found it more easy to draw a new Draft ^an^ than correct ^reduce^ yours ^to my Ideas^ I did so and gave ^it to^ you for your Perusal two Days ago. Yesterday I asked you your opinion of it, you admitted it to be substantially right, but that ^said^ that more order and method appeared in the Draft than had been the Case in the Conference I was clear as to both, and as our Ideas corresponded relative to the Substance, I desired you to make four Copies of it with for Congress with certain blanks which I should either fill in Cypher or omit as I might judge most prudent. This morning I saw you ^you was^ with ^me^ and speaking of the four Copies for Congress, you told me the Col. Livingston mentioned his having made two already, but of your Draft. I told you that was not the Case ^and that I supposed the two which the Col meant were of^ ^[in margin] another paper which I shd ^^showed^^ you^ and referred you ^and desired^ you to proceed in making the four— On a further Conversation ^you had^ with you the Col. it however he informed you he had made one ^you again understood him that he had made two^ Copies of your Draft—and that Circumstance gave occasion to the Remaing Letter now before me—This is true, but it was ^altho you mistook the number yet it is true that he made one Copy, and^ ^[in margin] that not by mistake but at my Request^ for private ^use^ and not for Congress— You may ask for what private use?— I will tell you—as ^altho^ you have hitherto kept All except one ^I think^ of the Drafts you made (tho by the bye I think such of these public papers ^belonging to^ as respect the affairs of the Legation) ^of former Conferences (such which^ I think did not think it a Matter of Sufficient Importance to raise Questions about, especially as you gave those Drafts were corrected by us both and on the and the Amendments entered on the same paper, and four Copies certified by you delivered to me. When I found that I could not correct the Draft in Question so as to put it in the state I thought right, and that I had better prepare a new one it occurred to me that you wd. ask me for the ^your^ Draft and that rather than have any uneasiness about ^it^, I shd. give it to you at the Time I shd. give you mine— It occurred to me further, that you ^or others might^ think the Variations between mine the two Drafts important, that I should most probably adhere to my own, having drawn it with great Care & Circumspection, and that these Variations might one Day or other become the Subjects of Inquiry and Discussion— Hence it appeared to me important that I should at all Times be in Capacity to shew what these Variations are ^were^ and for that Reason had a Copy of your Draft made by the Col. previous to my delivering it to you—and when you consider that however ilfounded any Doubts of your Justice may be, yet that in Case of your Death these papers may get into Hands from whom such Expectations wd be vain ^you will not ascribe^ this Instance of Caution to You will percieve this Caution not to be useless.

nor will you I candidly own to you also that I never intended that a [Syllable?] of this Copy shd have been mentioned to you— I knew such a Circumstance wd. give you Pain which upon all occassions ^I^ wd. wish to avoid, and that you might possibly at ^probably wd.^ suspect that this P great Caution might flow not from general but principles of prudence but particular & personal Apprehensions— Such Conclusions I know not to be unnatural because I believe there are few Instances of any Persons conducting Business with the same minute attention that I do—You I will remind you however of what you most often have heard me say—that being in a responsible Situation—the Servant of a Republick in which the Spirit of the [ancient?] ostricism2 always exists—exposed to Attacks from Men I have never seen, on points I never dreamt of, and perhaps to be called upon, as others have been, to answer to one Generation for Transactions in the Days of another, I had determined to walk with the utmost Circumspection and be always ready and able to render a Reason for every part of my Conduct in public life— Thus far you have a very fair and candid Explanation and fair State of this Matter, and Be assured that neither yourself n or any other person shall have Reason to complain of Injustice from ^me^, and that I would not for my own Sake as well as yours do you an Injury—It would give me pain to attack any man, all I wish aim at is to be able to defend myself against all Attacks and if attacked.

As to your Request to copy all papers for Congress which you may draw, it circumstances may sometimes forbid it—for Instance if such Copies shd be neccessary when we are ^not^ at the same place, it wd. not be advisable to send the Drafts after you— But whenever the Inconveniences may not oppose it, you may depend on my gratifying you in this and in every thing else—I th as to your Readiness to do your Duty, I have Never even ^ma copy such papers as I gave you^ ^to make Copies^ ^I never^ hinted a Doubt of it I confess it nor can I with pleasure, and shall always be ready to do you that and every other piece of Justice— Your Sollicitude on this Head does not in the least Surprize me, and should it in future be again excited by any part of my Conduct I hope you will take the same Method of removing it, by giving me an opportunity of convincing you by further Proofs of Candor and Justice how little Danger you have to apprehend from the Caution of Dr Sr Your most ob. & hble Servt

Dft, NNC (EJ: 7661). Endorsed: “To W Carmichael 2 Oct. 1780”.

1See Carmichael to JJ of this date, ALS, NNC (EJ: 7548). The bills in question apparently were forwarded for payment by Jonathan Nesbitt at Lorient and Jonathan Williams Jr. at Nantes.

2JJ had previously referred to the Greek practice of ostracism in regard to the recall of Silas Deane, whose troubles undoubtedly influenced the precautions JJ discusses in this letter. See JJ to Robert Morris, 26 Dec. 1777, JJSP, 1 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay: Volume 1, 1760–1779 (Charlottesville, Va., 2010) description ends : 500.

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