Resolution of Congress regarding John Jay’s Appointment to Negotiate with Diego de Gardoqui, [20 July 1785]
Resolution of Congress regarding John Jay’s
Appointment to Negotiate with Diego de Gardoqui
[New York, 20 July 1785]
The Committee consisting of 1 to whom was referred a Letter of the 8th Instant from the Secretary of foreign Affairs inclosing one of the same Date from Don Diego Gardoqui, submits the foll[owin]g Report2
That the honble John Jay Esqr Secretary of the u States in ^for^ the Department of foreign Affairs, be & he hereby is invested with full powers in Behalf of the U States to treat adjust ^conclude^ & sign with don Diego de Gardoqui Encargado de Negocios of his catholic Majesty whatever Articles, Compacts & Conventions may be necessary for establishing & fixing the Boundaries between the Territories of the said u States & those of his Catholic Majesty & [illegible] other Matters & for promoting the general Harmony & mutual Interest of the two Nations
That the Secretary of Congress report the Form of a Commission for the Secretary of the US in the Department of foreign Affairs, similar in Substance to the Commission of Don Diego de Gardoqui for the Purposes mentioned.3
That the Secretary of the US in the Department of foreign Affairs be instructed, previous to his agreeing ^Proposing to^ his making propositions to Don Diego de Gardoqui or with Don Diego Gardoqui ^or agreeing with him on^ any Article Compact or Convention, to communicate to Congress, the propositions that may ^to^ be made or received relative to the [illegible] thereto to such Article compact or Convention4
John Jay’s commission to negotiate with Spain. (John Jay Papers, Rare Book and Manuscript Library, Columbia University in the City of New York)
D, in Gerry’s hand, DNA: PCC, item 25, 2: 437–38a. Endorsed: “Report on letter / Secy for forn Affairs / empowering J. Jay to / negotiate with him / Passed 20 July 1785.” LbkC, with a translation of the commission of Diego de Gardoqui of 27 Sept. 1784, DNA: PCC, item 125, 9–13 (EJ: 3693). 29, 561–64; 6: 89–92.
1. Space left blank in manuscript.
2. Gardoqui to JJ, 8 July 1785, LS in Spanish and English trans., DNA: PCC, item 97, 54–56 (EJ: 3629); LbkCs, NNC: JJ Lbk. 7; , 1: 363–64 (EJ: 1694), and DNA: PCC, item 125, 8–9 (EJ: 3692); 6: 87. JJ to the President of Congress, 8 July 1785, LS, DNA: PCC, item 80, 1: 261 (EJ: 112); LbkC, , 1: 364–65; 29: 520. Gardoqui noted in his letter that he had full powers to negotiate and was ready to begin discussions at any time. Congress referred the letter to a committee consisting of Elbridge Gerry, William Samuel Johnson, and James Monroe, whose report was adopted on 20 July.
3. The letter book version of this document includes a translation of Gardoqui’s commission: The Commission of Don Diego de Gardoqui above referred to, is as follows. “Don Carlos by the Grace of God King of Castile, of Leon, of Aragon, of the two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Mallorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia of Jaen, of the Algarves, of Algeciras, of Gibraltar, of the Canary Islands, of the East and West Indies, Islands and Terra Firma of the Ocean Sea; Archduke of Austria, Duke of Burgundy, Brabante and Milan; Count of Apsburgh, of Flanders, Tirol and Barcelona; Lord of Biscaye and of Molina, &ca. Whereas there are many and very extensive Territories in North America, appertaining to my Crown, and bordering on others of the United States of the same America, it is very convenient to establish and fix the respective Limits, and to regulate those other Points, on which, between friendly Powers and Nations, it is always convenient and necessary to have established Regulations, in order to obviate all Differences. The good Correspondence and Harmony which subsists between us and the said United States of North America, and the Intercourse and Commerce which our respective Subjects have with each other, requiring that the Boundaries which shall continue in future, should be regulated in the most positive and notorious Manner; Wherefore having entire Satisfaction and Confidence in you Don Diego de Gardoqui, Commissary (Ordenador) of my Armies, charged with my Affairs near the Congress of the said States, on Account of your Capacity, Understanding and Zeal, I have conferred upon you full Power that with the Person or Persons, whom the said States and their Congress shall equally authorize, you treat, adjust and sign whatever Articles, Compacts, and Conventions may be conducive to the Regulations of the Points herein alluded to, and of others which shall be conducive to the Enjoyment of those important and beneficial Objects, and that there may always be and subsist a good Understanding, Friendship and Union between the Crown of Spain and the United States of North America. I promise on my royal Word to approve, ratify and fulfil, and cause to be observed and fulfilled, exactly and entirely, whatsoever shall be by you stipulated and signed. In faith whereof, I have caused to be dispatched these Presents, signed with my Hand, sealed with my privy Seal and certified by my underwritten Counsellor of State, my first Secretary for the Dispatches of State at St. Ildefonso the twenty seventh of September 1784. / I The King / Joseph Monino.”
4. JJ subsequently asked Congress to repeal this paragraph, which it did in a resolution of 25 Aug. below.