John Jay Papers
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To John Jay from the Secretary for Foreign Affairs (Robert R. Livingston), 9 May 1782

From the Secretary for Foreign Affairs (Robert R. Livingston)

Philadelphia 9th. May 17821

Dear Sir,

Your letter of the 6th. of February, with a duplicate of that of August last, directed to the President has been received and read in Congress—2 I am extremely surprized to find from that and yours to me3 that so few of my letters have reached you, since no Vessel has sailed from this, or indeed from any of the neighbouring ports without carrying letters or duplicates of letters from me—the whole number directed to you, including the Duplicates from October to this time amount to 24.—so that they must certainly be suppressed in many instances— But what astonishes me more is to find that you cannot read my letter, No. 34 and the Duplicate of No 2.5 when upon examining my letter Book,— I find it is written in the very Cypher which you acknowledge to have received and in which your letter of the 20th. of Septr.6 is written so that if it is not intelligible it must have undergone some alteration since it left my hands, which I am the more inclined to think, because you speak of a cypher said to be enclosed of which my letters make no mention, and only notes a slight alteration in Mr. Thompson’s cypher.—my first letter was in our private cypher this you had not received my second by the Marquis De la Fayette, is in a cypher delivered to me by mistake, by Mr. Thompson, and lost with Colonel Palfrey—my third in the cypher sent by Major Franks, a duplicate of which was sent you by Mr. Barclay, and that enclosed a copy of my letter No. 2. I had then discovered the mistake, so that I can in no way account for your being unable to decypher it,—7 since my last of the 28th. of April we have been informed of the change in the british Administration, have seen the act for enabling the King to make peace, and the new plan has begun to open itself here under the direction of Sir Guy Carleton—8 you who know your Countrymen will feel little anxiety on this Subject, it is proper however, that you should be enabled to calm the apprehensions, which those who know us less, and are interested in our measures may entertain.— I have the pleasure of assuring you, that it has not produced the slightest alteration in our sentiments, that we view a change of Men and measures with the most philosophic indifference, We beleive that God has hardened the heart of Pharaoh, so that he cannot let the People go till the first born of his Land are distroyed, till his Hosts are overthrown in the midst of the Sea, and till poverty and distress like the Lice of Egypt shall have covered this Land.9

The general Sentiment here seems to be that new endeavours will be used to detatch us from our Ally,10 that the best answer to such attempts to disgrace us, will be a speedy and spirited preparation for the ensuing Campaign— When Sir Guy Carleton arrived at NewYork he found them in violent con vulsions about the demand that General Washington had made of the Persons who perpetrated the murder upon an Officer of the Jersey Levies, one Captain Huddy, whom they made Prisoner, carried to NewYork, and afterwards taking him out of Jail—hung him in the County of Monmouth— I enclose the General’s letter and the other letters that have passed on that occasion—the Affair has not yet ended, the british Officers insist upon his being given up—the Refugees support him— A Court Martial is now sitting for his tryal, in the extracts sent out by General Robertson are contained the cases of all the fellows that have been tried and convicted of Robery—horse stealing &c. in the Jersies since the war, as they have protected every species of Villany, they wish us to consider every Fellon we hang as a part of their Regular Corps—11

Your last dispatches by Colonel Livingston did not come to hand, the Vessel in which he sailed was taken and carried into NewYork, he destroyed his letter, he was immediately committed to the Provost, where he met with your Brother who had been some time confined there, on the arrival of General Carlton which was a few days after, both were liberated on their Paroles, so that Mr. Livingston can give us no intelligence of any kind—12 Carleton spoke to him in the most frank and unreserved manner, wished to see the war carried on, if it must be carried on, upon more generous principles than it had hitherto been—told him he meant to send his Secretary to Congress with dispatches, and asked whether the Colonel would take a seat in his carriage— Mr. Livingston told him his Secretary would certainly be stoped at the first post, upon which the General expressed his surprize, and enquired whether Mr. Livingston would himself be the bearer of them, which he declined unless they contained an explicit acknowledgment of our Independence, and a resolution to withdraw the british Troops— He replyed that he was not impowered to make any such propositions, that his letter was merely complimentary— The next day he wrote to the General the letter a copy of which No 1. is enclosed, the General sent the answer No 2. these letters being laid before Congress they came to the resolution No 313 You will judge from these circumstances whether it is probable that Britain will easily seduce us into a violation of the faith we have pledged to our Allies.

I am particular in giving you every information on this head, because I am persuaded the means will be used by our Enemies to induce a beleif that this Country pines after peace, and its ancient connection with England, it is strictly true that they are very desirous of peace— But it is also true that the calamities of war press lighter upon them every day, from the use they are in to bear them, and from the declining strength of the enemy— They consider themselves as bound both in honor and interest to support the Alliance which they formed in the hour of distress, and I am satisfied that no man would be found in any public Assembly in America sufficiently hardy to hint at a peace upon any terms, which should destroy our connection with France.

I yesterday took the sense of Congress upon the propriety of giving you leave of absence, they have declined giving any answer to that part of your letter, from which you are to conclude, that they do not conceive it adviseable at present, I enclose the resolution I proposed, which they thought it proper to postpone.14

In all our transactions in Spain, we are to consider the delicate situation in which they stand with France the propensity of the former to peace, and the need that the latter has of their assistance.— I should conceive it necessary therefore, rather to submit with patience to their repeated delays, than give a handle to the british Party at Court, for this reason I conceive, that no advantage could result from demanding a categorical answer, and that it might involve us in disagreable circumstances, the resolution enclosed in my last will either serve as a stimulous to the politicks of Spain or leave us a latitude on the negotiation for a peace, which will be of equal advantage to us, with any of those slight aids which Spain seems willing or able to give us.15

Congress have found so little advantage from sending Embassies to Courts, who have shewn no disposition to aid them that they have passed the enclosed Resolution No.  16 every saving is an object of importance with them, and they feel very heavily the expense of their foreign Embassies, which are in some particulars unnecessarily expensive

The complaint which has just been made of the mode in which our Ministers are paid, has induced Congress to direct the Financier to fall upon some ^other^ mode, the one adopted will be very advantageous to our Ministers— He proposes to make his payments here quarterly.— I shall as your Agent receive the amount, make out the account, and vest it in Bills at the current rate, and remit them to Doctor Franklin, and send you advise when I do so; or when opportunity offers send them directly to you— I shall follow your directions, if you have any other to give with respect to the money due to you, and consider myself lyable in my private capacity for all the money I receive on your Account till you appoint another Agent, this will simplify Mr. Morris’s Accounts, he only opening one with the Department for Foreign Affairs.— Your present account will commence the first of January. I wish you to transmit a state of your account prior to that, and I will receive and remit you the ballance.17

We have nothing new but what you may collect from the papers enclosed, the Count de Montmorin will see with pleasure that the birth of a Dauphine has been received here at this critical time, in such manner as to evidence our attachment to the King his Father and the french nation18

I am embarrassed beyond expression at the misfortune that happened to Mr. Thompson’s cypher— I shall enclose another with this, and send them both to Mr. Harrison with special directions to send them safely to you. It must have been long since you heard from me, our ports have been totally shut up for some time, and no less than three vessels with dispatches from me to you, have been taken and carryed to NewYork within two months.

As you seem to suppose my appointment has not been sufficiently notified to you to authorize your directing your letters to me, I enclose the resolution for my appointment, together with that, for the organization of the Office.19 I have the honor to be, Dear Sir, with great Respect and Esteem your most Obedt. hum Servant

Robt R. Livingston

It was impossible to get the cypher finished in time to send it use Mr. Morris’s till you receive it

The Honorable John Jay Esq,

LS, NNC (EJ: 7934). Marked: “No. 9”. Dft, NHi: Robert R. Livingston (EJ: 821). Endorsed. LbkCs, DNA: PCC, item 79, 1: 417–23 (EJ: 11365), with a note indicating that the resolutions enclosed were those of 10 Aug. 1781, 8 May 1782, and 22 Feb. 1782; DNA: PCC, item 118, 166–76 (EJ: 9924). Notation: “Enclosed Resolutions of Congress 30th: April—/ May 8th: and 14th: 1782 / 1 Copy sent by Ministers Express to Chesapeake / 2plicate by Ship Intrepid from Boston / 3plicate— Sent to Baltimore / 4plicate by Ship Washington / 5plicate by Ship Queen of France”. Postscript not included in LbkCs.

1Although this letter is dated 9 May, RRL’s resolution allowing JJ to leave Madrid, mentioned in note 14, below, carries a date of 15 May.

2See JJ to the President of Congress, 6 Feb., above, in which JJ enclosed a duplicate of his letter to the President of Congress of 3 Oct. 1781, above.

7RRL attempts to straighten out his confusion of the codes but confuses his letterbook copies (in Thomson code [WE007]) with the copies originally sent to JJ. The “first” letter, the Secretary for Foreign Affairs to JJ, 1 Nov. 1781, above, was encoded in their private “YESCA” cipher (WE033). See “John Jay’s Use of Codes and Ciphers” (editorial note) on pp. 10–11.

8On this news, see 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 , 18: 509–10.

9In his discussion of the Carlisle mission, Harlow criticizes Shelburne for underestimating the force of anti-British sentiment and America’s gratitude to France, and overestimating the degree to which Americans regarded him as a champion of their liberties. See Vincent T. Harlow, The Founding of the Second British Empire, 1763–1793 (London, 1952), 263–68.

10On this speculation, see 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 , 18: 484.

11The enclosures have not been found. On the Asgill affair, see “Sir James Jay” (editorial note) on pp. 784, 786–87, note 14.

12For RRL’s further comments on Sir James Jay, see his largely private letter to JJ of 22 May 1782, below.

13Enclosures not found, but they consisted of Carleton’s letter to Washington of 7 May, Washington’s reply of 10 May, and Congress’s resolution of 14 May denying Carleton’s request for a passport for his secretary Maurice Morgann. See DNA: PCC, item 152, 10: 525–28, 559–65; 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 , 22: 263; and 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 , 18: 509, 513–14, 516.

14In his letter to the President of Congress of 6 Feb. 1782, above, JJ had requested permission to go to France or Holland. For RRL’s proposed resolution dated 15 May, see DNA: PCC, item 79, 2: 201–5. No record of Congress’s deliberations on the subject appears to have been preserved.

16Space left blank in manuscript. Enclosure not found, but it was probably the resolution passed on 7 May rejecting JJ’s suggestion, in his letter of 3 Oct. 1781, above, that Carmichael not be sent to Portugal unless JJ had good reason to believe that prospects for a loan from that court were promising. See Robert Morris to JJ, 13 July 1781, above; and 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 , 22: 249–50.

17In response to a letter from Robert Morris announcing that France intended to cease paying “extraordinary sums” to American ministers in Europe, RRL presented a statement of the expenses of his department to Congress and discussed salaries and assignments. 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 , 5: 69–70, 126–29, 134, 135, 180; and 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 , 22: 255–60.

18Enclosure not found. On Congress’s celebration of the birth of the dauphin, see 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 , 18: 501–8; and PRM description begins E. James Ferguson et al., eds., The Papers of Robert Morris, 1781–1784 (9 vols.; Pittsburgh, Pa., 1973–99) description ends , 5: 122–23.

19Enclosures not found, but 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 , 19: 43–44, 64; 21: 851–52.

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