Report on the Treatment of American Citizens at Havana, 15 September 1785
Report on the Treatment of American Citizens at Havana
[New York] Office for foreign Affairs 15th. September 1785
The Secretary of the United States for the Department of foreign Affairs, to whom were referred the Papers which contain Complaints of Oliver Pollock Esquire and Mr. David Beveridge of ill Treatment at the Havanna—Reports
That when these Papers were referred, the Arrival of Mr. Gardoqui was soon expected, and therefore he postponed proceeding on them until that Event should take Place, it appearing to your Secretary more easy and more prudent to canvass and adjust those Matters, in friendly Conferences with him, than to transmit a formal State of those Complaints to the american Chargé des Affaires at Madrid where, for Want of Information and other Reasons, the Business would not only be long in Agitation, but probably much embarrassed.
When Mr. Gardoqui arrived the Advices which accompanied him respecting the liberal and conciliatory Manner in which Count de Galvez had behaved towards the Americans at the Havanna, led your Secretary to conclude that the Grievances complained of, had been redressed. But the better to reduce that Matter to a Certainty, your Secretary did after a Conference with Mr. Gardoqui, send him the Papers which contained those Complaints, in the following Letter—Vizt.—
Office for foreign Affairs 6th. Septemr. 1785
Sir
I have the Honor of laying before you sundry Papers, which the Bearer will deliver; They relate to Complaint which Mr. Pollock and Mr. Beveridge make of the Treatment they experienced at the Havanna.—
As your Arrival was daily expected, it was thought expedient to delay taking any Measures, in pursuance of these Complaints, until you should be with us.—
The Relief which we understood was afford[ed] to suffering Americans, when General Galvez and you arrived at the Havanna, gave general Satisfaction; and it was probably such, as removed the Causes of Complaint, stated in these Papers. But not having precise and accurate Information on that Head, It is my Duty to request the Favor of You to peruse these Papers, and to let me know whether the Grievances in Question, have been redressed.—I have the Honor to be &ca.
(signed) John Jay
Senr Dn. Diego Gardoqui the Encargado de Negocios of his Catholic Majesty—1
To this Letter, Mr. Gardoqui wrote me an Answer, of which the following is a Translation.—
New York 10th. September 1785
Dr. Sir
On the 7th. Instant, I received your Letter of the preceding Day, in which you enclosed various Papers relative to Mr. Oliver Pollock and Mr. David Beveridge, who complained of the Proceeding of the Governor of the Havanna, Dn. Luis de Unzaga, (you observe) it was not thought proper to proceed on them until my Arrival, which was daily expected, and that the Relief, which you understood had been afforded to the Americans in that Port, on the Arrival of General Galvez and myself, had given general Satisfaction,—and was probably such, as had removed the Causes of the said Complaints; but that as you was not exactly informed on that Head, you thought it your Duty to request me to examine those Papers, and let you know whether the Complaints in Question, had been redressed.—
I will give you this Information succinctly, and with my usual Candor. As the Complaints of the said Beveridge, happened some Months before my Arrival at the Havanna, I can say nothing of the Occurrences respecting that Individual—but I firmly believe that his Relation is adventured.
With Respect to Mr. Pollock, I can assure you, that on my Arrival at the Havanna, I found him at Liberty in the City, and that altho’ his Creditors had applied to the Governor, that his Person might be secured as being insolvent, according to the Laws of the Kingdom, the Governor declined doing it, out of Respect for the United States; and only permitted an Embargo to be laid upon his Goods, (including the Articles he mentions)—which is the same that would have been done, in the Case of a Spaniard, of the first Distinction.—But that Gentleman was still more happy, for shortly afterwards, not only his Coach and Mules were restored to him, but he was also permitted to return freely to his Country, on his Parole of Honor, which he gave in Writing, that on his Arrival here, he would pay to me the considerable Sums which he owed to the royal Treasury, to Count de Galvez and to several Persons at the Havanna, which amount to one hundred and thirty two thousand, seven hundred and sixty four Dollars and six reals but to this Moment he has not in any Thing performed his Engagements to me. During my Residence in that City, I saw him at Liberty, and he was admitted to the Court of the Governor, and among all the principal People, and was permitted the Distinction of wearing a Sword and Cane, in like manner as Persons, the most distinguished—so much so that after our Arrival in his Country, having observed to him [that] the most favored Spaniard could not have obtained so many Favors, he honestly confessed to me that I was right.—
The beforementioned Pollock came in the same Frigate of the King that I did, and brought in her to this Country all the american Seamen, who for being concerned in Contraband, had been taken up in that City—I myself having set them at Liberty at Chester, where I landed, and supplied them with Money to enable them to return to their Homes, which they did expressing their Gratitude.—
This is all I can inform you of, in Answer to your Letter—requesting you en passant to permit me to mention, that as the said Debts contracted by the said Pollock, are on Account of the United States, you will be pleased to mention it to the respectable Congress, that as soon as possible, they may be so good as to take Measures for paying that Sum to me.
I return the Papers you sent me, and have the Honor to repeat that I am with the greatest Esteem &c:—
(signed) Diego De Gardoqui2
Upon the whole Matter—your Secretary Reports that such Parts of these Papers, as respect the Money claimed by the spanish Government, from the United States for the Debts of Mr. Pollock, ought in his Opinion to be referred to the Treasury.3
Notwithstanding the Doubts which Mr. Gardoqui seems to entertain, of Mr. Beveridge’s Complaints being well-founded, Your Secretary thinks there is much Reason to apprehend, that the Conduct of the late Governor Unzaga, towards that Gentleman, has been unwarrantable and oppressive.—4
How far the Honor or Interest of the United States require, that Congress should remonstrate to his Catholic Majesty against, and demand Satisfaction for the Conduct of that late Governor, is a Question which Congress is best able to decide. As that Man is now out of Office, and does not appear to have acted by Orders of his Court, as no direct Commerce in future between these States and spanish american Ports is probable, and as Count de Galvez who succeeded Unzaga shewed a Degree of Kindness to Americans, in some Degree proportionate to the Harshness they experienced from the latter, the Expediency of such Remonstrances, appears very doubtful to your Secretary.—
Whatever Injuries, Americans sustained at the Havanna, by arbitrary and illegal Acts of the Governor, certainly afford good Claims against the King of Spain for Compensation; the Sovereign of one Country being responsible to that of another for the Conduct of his Ministers and Servants.—
But as Inquiry must precede Judgement, as Unzaga is in Spain and Mr. Beveridge here, and the Facts happened at neither Place, but at the Havanna—Your Secretary is apprehensive that more Trouble than Advantage would result to the Complainant, as well as to both Sovereigns, from such Remonstrances and Demands—for if once made, the Object of them ought never, in any Event, to be relinquished, however inconvenient a Perseverance in them may be rendered by a Variety of Considerations of greater Magnitude and more public Importance.
For these Reasons your Secretary is of Opinion, that such Remonstrances or Demands for Satisfaction, had better be omitted, at least for the present—but in case there should remain at the Havanna, any legal Impediments to the Recovery of Moneys there due or payable to Americans, either from the Governor or from Individuals, that it would be proper for Congress to interpose and take Measures for removing them.—
That in his Opinion it would also be proper for Congress to express to the Court of Madrid their Sense of the generous and handsome Manner in which Count de Galvez had treated the Americans who were confined, and in other Respects suffering at the Havanna; and that your Secretary should be directed to write accordingly to the Count de Florida Blanca, and also to the Count de Galvez signifying to the former that Congress are pleased with the Attention which Mr. Gardoqui also manifested to the Persons in Question.—
All which is submitted to the Wisdom of Congress.
John Jay
DS, DNA: PCC, item 81, 1: 373–81 (EJ: 3855). Endorsed, in CT’s hand: “… Sept 16. 1785 / Referred back to report / the letters enclosed in/the last paragraph.—” LbkCs, , 1: 144–51 (EJ: 4527); NNC: JJ Lbk. 3.
2. LS, with translation in JJ’s hand, DNA: PCC, item 97, 73–79 (EJ: 3633); C, DNA: PCC, item 81, 1: 375–78 (EJ: 3857); LbkCs, in Spanish with translation, , 1: 449–54 (EJ: 1766); NNC: JJ Lbk. 3.
3. For the repayment of sums advanced Oliver Pollock on account of the United States by Bernardo de Gálvez, other Spanish officials, and private individuals, see 8: 73–75.
4. On the complaints of Pollock, David Beveridge, and others regarding the harsh treatment by Governor Unzaga of American merchants in Havana following the closing of Cuba to American trade in 1783, see 8: 62–70.