John Jay Papers
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From John Jay to Floridablanca, 28 June 1781

To Floridablanca

Madrid 28 June 1781

Sir

Agreable to your Excellencys Request I have now the honor of again submitting to your Consideration a particular State of the Case of the unfortunate Americans, who after Capturing the Dover Cutter and bringing her safe to Santa Cruz in the Island of Teneriff the 15th April 1780 have ^not^ as yet reaped the Fruits they expected from that successful tho’ dangerous Enterprize.1

Your Excellency’s answer to my Representation on this Subject in June 17802 induced me to advise these People to abide Patiently the result of the Necessary inquiries which were then proposed to be made, being well persuaded that if the facts as stated by them, should on enquiry prove true, there would be no difficulty in bringing the Affair to a speedy and equitable decision. The Capture of some of the Packetts passing between Spain and Teneriff gave occasion nevertheless, to unavoidable delays, and protracted the business to the month of December last. In a conversation I then had the honor of having with your Excellency on the subject, the Circumstance of the Cutters having been Captured by her own Mariners was mentioned as a reason against their Claim, such captures not being warranted by the Law of Nations and altho they might be Americans, yet that as they acted without commission, they could not legally avail themselves of it. In order to remove these objections I informed your Excellency, that the British Nation having thought Proper to encourage the Masters and Mariners of American vessels to bring them by force or fraud into British Ports and to reward their Treachery by adjudging such vessels to be lawful Prizes, Congress found it necessary to retaliate by granting the like Indulgence and Incouragement to such Crews of British vessels as should bring them within the Ports of the United States. I further informed your Excellency that Congress had on the application of the Captors of the Dover Cutter passed a particular Resolution, whereby I was instructed to endeavor to obtain for them the Benefit intended by the before mentioned Resolution, and that it was the wish of Congress that the whole profit of the Capture might be divided among the Captors.3 Your Excellency was there^upon^ pleased to promise that the Prize should be appraized, and the value of it paid to the Captors and authorized me at the same time to inform them of it. I was thence led to conclude that no important obstacles remained, & I had no Doubt but that orders would have issued for making the appraizement in question, and the Affair soon drawn to a Conclusion.

Permit me to remind Your Excellency, that one of those Americans has been several weeks, and still ^is^ in this City, and that he is ready to answer on oath to all such questions relative to the Capture of the Cutter &c &c as may be put to him. As the Petition of Thomas Shucker (the chief of these Captors) to Congress, of which I have before had the honor of transmitting Copies at different Times to your Excellency, contains a precise acct of the Transaction, I again subjoin a Copy of it together with an Inventory of the Prize, her stores &c &c which I received from the American now here. I have the Honor to be with perfect Consideration & Respect Your Excellency’s most obedt & most h’ble Servant

John Jay

His Excelly the Count De Florida Blanca—

LS, body in Carmichael’s hand, with copy of Shuker’s petition and inventory of supplies on the Dover cutter at time of capture, SpMaAHN: Estado, leg. 3884 bis, exp. 12, doc. 6 (EJ: 12112); Dft, NNC (EJ: 8227).

1On this matter, see JJ to Floridablanca, 20 June 1780, above.

3Congress so resolved on 27 Sept. 1780. 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 , 18: 868–69.

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