John Jay Papers

From John Jay to Benjamin Franklin, 31 May 1781

To Benjamin Franklin

Aranjues 31st May 1781

Dr Sir

Your favor of the 20th. Inst1 reached me two Days ago The Intelligence contained in ^transmitted with^ it had reached us by the way of Cadiz I ^am^ nevertheless consider myself much obliged by this Mark of your friendly Attention— The a Packet from america sent me by the Courier ^you abt which you enquire^ came safe to Hand. it contained ^only^ some old Letters of Jany last from Govr. Livingston & his Family—By ^by^ The Vessel which ^lately^ arrivd at Cadiz from Pha. did brought several Letters from thenceThey were stopp ^I have^ not however as yet recd. a Line from Congress since Jany last, tho some of my Correspondents inform me he ^that the Prest^ had written2 I am much perplexed for want of regular Intelligence, & sh expect to continue so till some other than ^than the usual^ mode of conveying it is adopted The enclosed extracts of a Letters from Mr Harrison at Cadiz will give you some Idea of their Embarrassments ^to me shew that this Remark is not without Foundation^^[in margin] These Extracts are from Letters of 8. 11 & 0 Days of may 17813 abt Letters brought by the Virginia & stopped^ Bills upon me have lately arrived dated in March— How can this be reconciled to the obvious Dictates of Prudence & Policy?— I hear Mr. Laurens has left you in to return to Am. he promised to give me previous Notice of it—but not a Line—4 I have lately recd. a Letter from Mr Adams requestg but not containing Intelligence—it is the first I have had from him these six months—5 I wait only for a proper opportunity to reply particularly to your Letter by my Courier—

Mr. Vaughan who brought a recommendatory Letter from you to Mr Carm[ichael]. is here—6 He desired me ^on his arrival at Madrid^ to administer to him an Oath of allegiance to the United States, in order to justify his calling himself an american and to facilitate his pursuing his objects in this Country & then pass to that ^his passing from hence to America^— I have not the least Doubt but that his Character & Intentions are fair—he seems to be a sensible young Gentleman & I wish to be useful to him ^wd. with pleasure do him Service^But ^but^ as I knew him ^he was^ not to be ^an^ American I could not represent him as such—nor could I comply with his Request in ^as to^ administring the Oath, haveg no power for that purpose either expressed or implied in my Commission or Instructions. He tells ^told^ me you had advised him to take the such an Oath at Bordeaux and had appointed a person there to administer it, but that prudential Considerations had induced him to postpone it till his arrival here—He is much embarrassed and I am sorry for it— I advised him at first to wait on the Minister and comp communicate to him a true State of ^his^ Case, being of opinion that such a Step supported by what your say of him ^Letter^ to Mr Carm[ichael]. wd. ^have silenced Doubts & Enquiries & by^ placeg him here in a fair point of View & enabled him to obtain the ^such^ Passports ^as might be^ necessary for his travelling in this Kingdom—but the thought ^He nevertheless thought^ it best to delay it ^for the present^ in Hopes that Your Answers to my Letter wd. remove Difficulties as the the oath being administered to him— ^and to go to & stay [at] Toledo till I shd. recieve your Answer to a Letter I promised to write to you on the Subject of administring the oath, He accordingly went to Toledo, but not having a Pasport the ^[in margin] the govr wd not permit his remaing there—this Circumstance brought him here, and in the I shall endeavour to obtain a Passport for him to return there on the Ground of yr Letter in his Favr.^ I believe it to be the Inclination as well as the policy ^Interest^ of America to augment her Number of Citizens but ^still^ her Consent to recieve one ^him^ is as ^admit a Foreigner must be as^ necessary as his to become one ^consent to be admitted^ besides, properly as p ^it appears to me that^ an Oath of Allegeance to the United States can ^with propriety be^ not be ^only^ administered to any but Servants of Congress—^the allegiance of mere^ Mere Citizens are now being conf and I think for tho a Man ^person^ may by Birth or admission become a Citizen of one of the States I cannot concieve how he can be either born ^one can either be born^ or be made a Citizen of them allNo personal favors can with you [illegible] on the Subject I was desirous of serving Mr Vaughn and should be happy to be freed from these Difficulties ^I wish these Difficulties did not oppose my complying with the Request of Mr. Vaughan the more whom I am the more Desirous of servg as he appears to possess your Regard & shall therefore^ and shall be happy to be freed from these Difficulties7

Be pleased to present my Compliments to your Grandson and be assured that I am with real ^Sincere^ Esteem & Attachment Dr Sir Your obliged & obt Servt

Dft, NNC (EJ: 7805). Endorsed. LbkC, DLC: Franklin (EJ: 10325).

1BF to JJ, 20 May, not found.

3Enclosed extracts not found, but JJ embedded similar extracts of Harrison’s letters in his letter to the President of Congress, 29 May, above. The third of the extracts is dated simply May 1781.

4John Laurens embarked on the Résolue at Brest on 29 May. The ship was becalmed and did not find a favorable wind until after 9 June, on which day Laurens wrote JJ a brief note, ALS, NNC (EJ: 6773).

5See JA to JJ, 28 Mar., above.

6The letter of recommendation for John Vaughan has not been found.

7For BF’s reply, see his letter to JJ of 20 Aug., below.

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