John Jay Papers

Report on John Sullivan and Spanish-American Relations, 4 October 1787

Report on John Sullivan and Spanish-American Relations

[New York] Office for foreign Affairs 4th. October 1787

The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Letter of the 28th. Day of August1 last from the Encargado de Negocios of his Catholic Majesty, enclosing a Charleston Paper in which was published a Letter to him, dated the 1st. Day of March last, signed John Sullivan late Capt. 4th Regiment ^american^ light Dragoons—

Reports.

That in his Opinion the said John Sullivan has by writing and publishing the Letter in Question, committed an offence against the Peace and Dignity of the United States for which he ought to be punished.—

That the very imperfect Provision as yet made for the judicial Cognizance of such Cases, renders it difficult to point out the Manner most proper for Congress to proceed in the present.—

The Expediency of calling upon the Executive of any State to apprehend and cause this Man to be tried according to the course of the Laws of the State is questionable, because unless done with a Degree of Vigor and Spirit, the Consideration of Congress would be still more diminished.—

Your Secretary has been informed that Mr. Sullivan is really a Deserter from the late american Army, and was concerned in very seditious Practices at Philadelphia about the Time that Congress removed from thence.2

Perhaps it might be well to direct the Secretary at War to report the Facts respecting the Desertion, and his Opinion what Measures can and ought to be taken in consequence of them.—3

His Report together with the Letter abovementioned, would probably render it expedient to order the Secretary at War to cause the said Sullivan to be arrested in the Western Country, and sent under Guard to Philadelphia, where such of his Offences as might be cognizable by the Laws of that State would be properly tried, and where such further Proceedings might be had against him, as Facts and Circumstances may render proper.—

In the mena Time your Secretary thinks it would be prudent to—Resolve

That the Encargado de Negocios of his Catholic Majesty be informed, that Congress consider the Conduct of John Sullivan in writing and publishing the Letter of which the said Encargado de Negocios complains, as being very reprehensible; and that they will cause such Proceedings to be had against the Writer, as the Laws of the Land prescribe in such Cases—And further, that Congress will on this and every other Occasion, interpose their Authority to frustrate and punish all such Designs and Measures, as may be calculated to interrupt and disturb the Peace and good Understanding which happily subsist between his Catholic Majesty and the United States.—

All which is submitted to the Wisdom of Congress.—

John Jay

DS, DNA: PCC, item 81, 3: 9–12 (EJ: 3919). Endorsed: “Report of Secy forn. Affairs / On letter 28 Aug. 1787 / Diego D: Gardoqui / Contg letter of J. Sullivan / Entd. read 4 Octr. 1787 / Oct 8. 1787 / Passed—/ The resolution passed / & the former part relative / to the apprehendg J Sullivan / referred to the Secy at / War to report”. LbkCs, DNA: PCC, item 124, 3: 139–41 (EJ: 4611); DNA: PCC, item 125, 149–51 (EJ: 3731); NNC: JJ Lbks. 3 and 7; 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 33: 630–31.

1On Sullivan’s letter datelined “State of Georgia, Frontier of the Creek Nation, 1st of March, 1787”, see Gardoqui to JJ, 28 Aug. 1787, LS, in Spanish with translation, and with a copy of Sullivan’s letter from the Columbian Herald (Charleston, S.C.), 6 Aug., DNA: PCC, item 97, 194–200 (EJ: 3648); LbkCs, in Spanish with translation, with copy of Sullivan’s letter, DNA: Domestic Letters description begins Domestic Letters of the Department of State, 1784–1906, RG59, item 120, National Archives (M40). Accessed on Fold3.com. description ends , 3: 271–79 (EJ: 2168); DNA: PCC, item 125, 143–49 (EJ: 3730); NNC: JJ Lbk. 7. The caption above Sullivan’s letter in the Columbian Herald stated that it had first been published in the Morning Post the previous Monday, and was being republished from an original copy in the author’s own handwriting. The letter also appeared in the Independent Gazetteer (Philadelphia), the New-York Packet, and the Daily Advertiser (New York) on 17 Aug; in the Independent Journal (New York), on 18 Aug.; in the Maryland Journal and Baltimore Advertiser on 21 Aug.; in the Country Journal (Poughkeepsie, N.Y.) on 22 Aug.; and in the New-York Journal on 23 Aug., in which a preface to the letter declared that Sullivan “returned from the state of Franklin to Charleston, in July last, where he contracted for all the powder and lead in that city.” It was subsequently reprinted in various New England newspapers.

As noted in both his letter and Gardoqui’s, Sullivan had appealed to Gardoqui unsuccessfully for a position in the Spanish army. He was now announcing in florid language his intention to join the American veterans pouring into the lands along the Mississippi and Ohio Rivers who were prepared to defend their “commercial Rights” to navigate the rivers to the sea, regardless of any artificial barriers placed in their way. When the inevitable conflict erupted, they would not solicit the permission of Congress, in which the people were not represented. “The Americans,” he proclaimed, “are amphibious animals. They cannot be confined to the Land alone. Tillage and Commerce are their Elements: Both, or neither will they enjoy. Both they will have, or perish.” For an earlier incident involving American veterans engaging in unauthorized attacks on Spanish property, see Report on George Rogers Clark’s Seizure of Spanish Property, 12 Apr. 1787, above.

2Sullivan, an Irishman with French citizenship, was a captain in the Fourth Continental Dragoons, also known as Moylan’s Light Dragoons. The unit had served in the southern theater from 1780 to 1783. It returned to Pennsylvania from Charleston, S. C., in May 1783. Sullivan then assumed a leading role in the Philadelphia Mutiny of June 1783. When the mutiny collapsed, Sullivan and a co-conspirator fled to Europe. When he returned to the United States has not been determined. On the Philadelphia Mutiny and Sullivan’s role in it, see PRM, description begins E. James Ferguson et al., eds., The Papers of Robert Morris, 1781–1784 (9 vols.; Pittsburgh, Pa., 1973–99) description ends 8: 215–238; 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 20: 404–5n.

3For the Secretary of War’s report of 12 Oct. 1787, directing the seizure of Sullivan if he entered federal territory along the Ohio River, 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 33: 675–76.

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