Having well considered the Nature of the proposed Negociation with the Encargodo de negocios of his Catholic Majesty, and of the Commission and Instructions which Congress has been pleased to give me on that Subject; it appears to me proper to submit the following Remarks to their Consideration.—

The Commission in my Opinion is well drawn. The Instruction which restrains me from agreeing to any Article, Compact or Convention without the previous Approbation of Congress is prudent and wise. But the Instruction which directs me previously to communicate to Congress every Proposition which in the Course of the Negociation I may think expedient to make to Mr. Gardoqui, as well as every Proposition which he may in our Conferences throw out to me, will I apprehend be exceedingly embarrassing.—

I am apprized and feel the Delicacy of asking for Power; and it is far from my Wishes to be left at Liberty to bind Congress by any Acts of my Discretion—the first part of the Instruction provides against that, and I shall tell Mr. Gardoqui, whenever we enter on the Business, that I can finally conclude upon and sign nothing without the previous Approbation of Congress.—

But when I consider that in ^the^ Course of every Negociation, various Propositions will be made and received, which never take Effect; and that Arguments and Answers to Arguments often assume that Form, and may be classed under that Denomination; I am exceedingly at a Loss to conceive how it will be possible for me to comply with this Instruction, and yet do Business in the usual, and in my Opinion, the most natural and proper Way.—

It is proper and common to instruct Ministers on the great Points to be agitated, and to inform them how far they are to insist on some, and how far they may yield on others—But I am inclined to think it is very seldom thought necessary to leave nothing at all to their Discretion; for where that ought to be the Case, the Man ought not to be employed.—

Should Mr. Gardoqui discover (and discover it he will) that every Thing he may say to me, which may be denominated a Proposition, is to be reduced to Writing and laid before Congress; I think it probable that he would observe more Caution and Reserve than he might otherwise deem necessary; and it does not strike me as expedient thus to urge him to be circumspect.—

The Delays which a Compliance with this Instruction will necessarily create merit some Attention; not so much on Account of their Importance in themselves; as because I fear that Delays which proceed from frequent Recurrences to Congress for Instructions on contingent and secondary Propositions, will appear affected, and consequently tend to disgust; especially if he ^and his Court^ Judging by the common Practice, should think such Recurrences unaccustomed and unnecessary.—

I am not sanguine in my Expectations that a satisfactory Termination of this Negociation is practicable, in whatever Way it may be managed—Obstacles of Weight & Magnitude are in the Way; and I am not without Doubts of the Possibility of removing them at present. Such being the State of Things, it is to be wished that if the Negociation should be fruitless the two Nations may retire from it without Irritation on either Side.—

I know that it is with Congress to give Instructions, and that it is my Business faithfully to execute and obey them—If in their Opinion the Instruction in Question requires no Alteration, I will chearfully and punctually adhere to it; for upon this, as upon every other Occasion I shall think it my Duty to observe their Orders, whatever may be the Light in which the Policy of them may appear to me. I have the Honor to be with great Respect and Esteem your Excellency’s Most obedt. and very hble: Servt.1