The Diplomatic Correspondence of the American Revolution Volume VIII Part 3

"_St Ildefonso, October 5th, 1781._"

To this I received the following answer.

Translation.

"The Count de Florida Blanca presents his compliments to Mr Jay, and wishes him a pleasant journey. He will write to him as soon as he can say anything positive on the subject of his last note. _October 5th, 1781._"

Four days afterwards the Count sent me a complaint against Commodore Gillon, of the South Carolina frigate, then lying at Corunna, and I insert copies of the papers which pa.s.sed between us on that occasion, not only because I ought to give an account of all interesting public transactions, but also that my conduct on this occasion may stand contrasted with that of the Minister on some other similar ones.

_Recital of a Complaint exhibited by the Count de Florida Blanca against Commodore Gillon._

Translation.

"An American vessel of war has arrived at Corunna, having on board two soldiers, deserters from the Irish regiment of infantry. The commander of the Province having claimed them, the captain refuses to deliver them up on any pretext whatever, pretending, among other reasons, that all his equipage belongs to his Most Christian Majesty. This is not at all probable, for if the officers and crew were subjects of France, it would have been improper to pa.s.s off the vessel for a frigate of the United States, under the American flag. Besides, these deserters having fled to a French vessel of war, to the demand of their surrender by the Spanish commander, it was replied on the word of honor of the captain, that they were not on board; so that, supposing the frigate to be a French ship, there is reason to suppose that they would have been surrendered.

"The Count de Florida Blanca has thought it necessary to inform Mr Jay of these facts, in the full persuasion that he will have the goodness to write by the first post to the captain, in such terms as to induce him to surrender the deserters; it shall be understood, that they shall not be punished, and shall finish their engagements in their own corps, or in some other better paid.

"Mr Jay is too reasonable not to grant that it would be unjust for a vessel to appear in a port, solely to require and receive all sorts of attentions and marks of respect, (without any previous claim or engagement) and at the same time to refuse and deliver up any subjects, which it should have on board, of the sovereign of the country in whose name all these tokens of respect have been rendered.

"_October 8, 1781._"

ANSWER TO THE ABOVE.

"Madrid, October 9th, 1781.

"Sir,

"The letter which your Excellency did me the honor to write on the 8th instant arrived this morning. I consider myself much obliged by the communication of the facts mentioned in it, especially as it affords me an opportunity of manifesting to his Majesty and to Congress my attention to his rights and to their orders.

"I perfectly agree in sentiment with your Excellency respecting the impropriety of detaining on board the American frigate at Corunna, the two men claimed by the commandant there, as deserters from one of his Majesty's regiments.

"Your Excellency's remarks on this subject are no less delicate than just; and your a.s.surance that these men shall not be punished renders a compliance with the requisition to deliver them up no less consistent with humanity than with justice.

"It gives me pleasure to confess, that the hospitable reception given to American vessels in the ports of Spain gives his Majesty a double right to expect, that their conduct should at least be inoffensive. In the present case, (as stated in your Excellency's letter) I am fully convinced of the justice of this demand, that I should not hesitate to comply with it, even though made on a similar occasion by the Court of Portugal, from whose affected neutrality we suffer more evils, than we should experience from any open hospitality she is capable of executing.

"Agreeably to your Excellency's desire, I have written a letter (of which the enclosed is a copy) to the commanding officer of the frigate in question; and as the manner in which your Excellency's letter to me treats this subject cannot fail making agreeable impressions on Americans, I shall take the liberty of sending a copy of it to Congress, as well as to the abovementioned officer.

"I cannot omit this opportunity of expressing my acknowledgments for your Excellency's promise to write to me from the Escurial, as soon as you shall be in a capacity to speak positively on the subject of my late letter. Permit me only to remark, that the season wears away fast, and that Congress must be extremely anxious to hear that the delays, which have so long kept them in a disagreeable state of suspense, are finally and happily terminated.

"I have the honor to be, &c.

JOHN JAY."

The letter written to the commanding officer of the frigate, a copy of which was furnished to the Count de Florida Blanca, is as follows.

TO COMMODORE GILLON.

"Madrid, October 9th, 1781.

"Sir,

"The paper herewith enclosed is a copy of a letter which I received this morning from his Excellency, the Count de Florida Blanca, his Catholic Majesty's Princ.i.p.al Secretary of State, and Minister for Foreign Affairs.

"You will perceive from it that two men on board your frigate are claimed by this government, as deserters from one of his Majesty's Irish regiments of infantry; and that you are said to have refused to deliver them up, because, among other reasons, your crew are the subjects of his Most Christian Majesty.

"If the men in question are citizens of one or other of the United States of North America, and admitted to be such, refusing to deliver them up, as deserters from the service of Spain, may be proper, because while their own country is at war, they cannot without her consent enter into the service of any other power.

"If they are Spaniards, then they are the subjects of his Catholic Majesty, and ought not to be withheld from him.

"If they are foreigners, in that case whatever right they might have to enter into the American service, they certainly had an equal one to enter into that of Spain; and if they had previously engaged with the latter, their subsequent enlistments with you were void, and Spain being in friendship with us has a just right to reclaim them.

"If they deny their having enlisted in the Spanish service, still like all other foreigners who come into this kingdom they ought to submit to the justice of the country, and you ought not to screen them from it, especially as it cannot be presumed that the charge made against them is dest.i.tute of probability.

"As to the circ.u.mstance of your crew's being subjects of the King of France, I cannot think that any argument to justify your detaining them can be drawn from it. For admitting them to be French subjects, yet as it may be lawful for them (Spain and France being allies) to enter into the service of Spain, the right of Spain to enlist must necessarily involve a right to compel obedience, and also to retake and punish deserters. Besides, as any questions about the legality of such enlistments concern only those two crowns, Americans cannot with propriety interfere.

"In whatever light I view this affair, I cannot perceive the least right that you can have to detain these men, after having been thus formally and regularly, demanded by proper authority, as deserters from the service of his Catholic Majesty.

"You may observe that I treat this subject merely as a question of justice, arising from that general law, which subsists and ought to be observed between friendly nations.

"I forbear making any remarks on the impolicy of your persisting to detain these men. I hope never to see America do what is right merely because it may be convenient. I flatter myself that her conduct will uniformly be actuated by higher and more generous principles, and that her national character will daily become more and more distinguished, by disinterested justice and heroic magnanimity.

"I shall take the earliest opportunity of transmitting a particular state of this affair to Congress, and I cannot doubt but that your conduct will merit their approbation, by being perfectly consistent with a just regard to the dignity and rights of a sovereign, who has acted not only justly but generously towards our country.

"If your reluctance to deliver up those men should have arisen from an apprehension of their suffering the punishment, which on conviction would be due to their offences, that reluctance ought now to cease, because his Excellency, the Minister, has been pleased to a.s.sure me, that they shall not be punished, but only obliged to fulfil those engagements, which they ought to have honestly performed instead of deserting.

"In short, Sir, although on the one hand, I will never advise or encourage you to violate the rights of the meanest man in the world, in order to answer political purposes; yet on the other, I shall always think it my duty to advise and encourage both you and others to render unto Caesar whatever may belong unto Caesar.

"I am, &c.

JOHN JAY."

In answer to this letter, the Commodore wrote me one, which, according to the state of facts mentioned in it, showed that the charge against him was precipitate, and, as he in that letter predicted, I have never since heard anything further from the Minister on the subject.

You may recollect, that copies of certain letters from Colonel Searle and Mr Gillon, which I had just received, were subjoined to my letter of the 3d of October last. These letters were soon followed by several others. Colonel Searle's representations against the Commodore's conduct were very strong, and tended to create an opinion, that the ship and public stores on board of her were in danger. He desired me to send some person to Corunna, with proper instructions on the subject, and as an additional inducement offered to transmit to me through him some important information, which had been confidentially communicated to him in Holland by Mr Adams, and which he did not choose to hazard by a common conveyance.

Considering the nature of these representations, and the limits and objects of my commission and instructions, it became a difficult question how far I ought, and in what manner I could interfere. I finally judged it would not be improper to send Mr Carmichael down with instructions to make a full inquiry into the facts alleged against the Commodore, and to use my influence with this government to stop the vessel for the present, in case on such inquiry there should arise a very strong presumption, that such a step would be necessary to preserve her. Mr Carmichael did not think that a business of this kind was within the duty of his appointment, and he doubted his being able to ride post so far. This was a delicate business, and the management of it could with propriety be only committed to one, in whose prudence and circ.u.mspection much confidence might be reposed. It would have been improper for me to have undertaken it, because I could not justify exposing by my absence our negotiations for aids and a treaty to unseasonable delays.

Soon afterwards I received a very long exculpatory letter from the Commodore. This letter placed his transactions in a different point of view, and inclined me to think that the proposed interposition on my part would have been unnecessary.

I forbear burthening these despatches with copies of the various letters I have received and written on this subject, as well because, as they relate to transactions in Holland and France, with the public agents and Ministers in those countries, they are not properly within my province, as because they contain nothing of sufficient importance to make it necessary for me again to send further copies.