John Jay Papers

From John Jay to George Clinton, 14 July 1780

To George Clinton

Madrid 14 July 1780

Dr Sir

My last Letter to you was dated the 20:th June—1 I have written many & hope you have already recd. several. None from you have as yet reached me—

By the Journals of Congress I percieve that your Disputes with your Neighbors are in fair Way of being decided— I think Mr Duane might have been a useful Counsellor to your other Delegates on that occasion, but I dont find his name among those that then attended.2 It is also my opinion that the State would do well to maintain a post at their own Expense as far in the western Country as may be convenient— My Reasons for this may be collected from a Letter I wrote you shortly before I sailed from the Delaware— The Virginians have done a good Deal in this Way & probably from similar motives with those, which induce me to propose this measure.3

A late Resolution of Congress recommends the Naturalization of French Subjects agreable to one of the articles of Treaty—this strikes me as a measure which requires ^some^ caution— I would have every article of the Treaty fully complied with—but I am not clear that american Protestants are intended to be naturalized in France—^except as to^ certain purposes— These I think should be precisely known, & be made the Standard of Immunities ^to be^ granted by us to them—4

Be pleased to present my Compts. to ^your neighbor^ Capt Plat—5 Mrs. Jay has a Daughter— Remember ^us^ affy. to Mrs. Clinton— I am Dr. Sir yours most sincerely—

J.J.

His Exy Gov Clinton.

Dft, NNC (EJ: 7621). Endorsed. This Dft contains numerous illegible excisions that have not been noted.

1Letter not found.

2See “John Jay’s Presidency of the Continental Congress” (editorial note) and JJ to Clinton, 25 Sept. and 5 Oct. 1779, JJSP, 1 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay: Volume 1, 1760–1779 (Charlottesville, Va., 2010) description ends : 549–57, 687–95, 702–6.

3See JJ to Clinton, 16 Sept. 1779, JJSP, 1 description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay: Volume 1, 1760–1779 (Charlottesville, Va., 2010) description ends : 678–79; and JJ to Egbert Benson, 18 Sept. 1780, below.

4Probably the resolution of Congress of 14 Jan. 1780, adopted at the request of the French minister Gérard in fulfillment of Article 11 of the treaty of amity and commerce: Resolved “That it be recommended to the legislatures of the several United States to make provision, where not already made, for conferring like privileges and immunities on the subjects of his most Christian majesty agreeable to the form and spirit of the above recited article.” Under Article 11, Americans in France were not to be treated as “aubains” (aliens) and were exempted from certain taxes and penalties against resident foreigners, particularly the droit d’aubaine, or confiscation by the Crown of the property of those who died in France. Americans were to be allowed to transfer their property in France to nonresident heirs without their having to obtain letters of naturalization in France. In this instance naturalization referred not to the granting of citizenship to foreigners, but to the giving to foreign residents of certain rights and privileges held by native-born subjects. French citizens were to receive reciprocal privileges in America, but since many of the states had not yet adopted measures to implement them, the French minister had requested congressional recommendation of state action. 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 , 15: 1041; 16: 56–57; 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 , 14: 350–51; RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 3: 228–29.

5Zephaniah Platt.

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