John Jay Papers
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Report of Instructions to the Ministers to France and Spain, 22 March 1786

Report of Instructions to the Ministers to France and Spain

[New York] Office for foreign Affairs 22d. March 1786

The Secretary of the United States for the Department of foreign Affairs to whom was referred his Report of the 31st. January last on certain Letters from Mr. Adams, in order that he might prepare Drafts of the Instructions therein proposed—1

Reports

That in his Opinion the Minister Plenipotentiary of the United States at the Court of Versailles should be instructed in Manner following Vizt.

Sir

It is the Pleasure of Congress that you represent to his most Christian Majesty—

That by the 11th. Article of the Treaty of Alliance between his said Majesty and the United States, they guaranty to each other as follows—

“The two Parties guaranty mutually from the present Time and for ever, against all other Powers, to wit, the United States to his most Christian Majesty, the present Possessions of the Crown of France in America, as well as those which it may acquire by the future Treaty of Peace; and his most Christian Majesty guarantys on his part to the United States, their Liberty, Sovereignty and Independence, absolute and unlimited, as well in Matters of Government as Commerce, and also their Possessions, and the Additions or Conquests that their Confederation may obtain during the War, from any of the Dominions now or heretofore possessed by Great-Britain in North-America, conformable to the 5th. and 6th. Articles abovewritten; the whole as their Possession shall be fixed and assured to the said States, at the Moment of the Cessation of their present War with England.—[”]

That the United States consider all the Countries, Dominions and territorial Rights ascertained and assured to them at the Conclusion of the late War, by the Treaty of Peace between them and Great Britain, to be comprehended within the Terms and the true Intent and Meaning of the said Guarantee.—

That among other Obstacles to their full and perfect Enjoyment of the said Countries and territorial Rights, Great Britain continues to withold from them the Possession of their frontier Posts and Places occupied by them during the late War within the Boundaries of the United States, as ascertained & ^fixed^ by the said Treaty of Peace—Altho’ by the 7th. Article of the said Treaty it was stipulated and agreed, that his britannic Majesty should with all convenient Speed, withdraw all his Armies and Garrisons from the said United States and from every Post and Place within the same &ca.—

That as near three Years have since elapsed, the United States consider the Detention of those Posts and Places as being contrary to the Terms of the Treaty, and inconsistent with the good Faith with which it ought to have been observed.—

That they have by their Minister at the Court of London remonstrated to his britannic Majesty on this Subject, but that no satisfactory Answer has as yet been given to them.—

That from the defensive State in which those Posts and Places are kept, as well as from the Number of Forces stationed in the Province of Quebec, the Intention of his britannic Majesty to evacuate them has become problematical.—

That being thus circumstanced, the United States think it their Duty to lay these Facts before their good Friend and Ally and to request that in the first Instance, he will be pleased to join with them in making such further Remonstrances to this britannic Majesty, as it is to be hoped may render any less pacific Proceedings unnecessary.—

That the Confidence with the United States repose in the Justice and Good Faith of his Majesty, leaves them no Room to doubt of his Readiness to join with them in the Measure proposed; and therefore that they have instructed their Minister at the Court of London, as soon as he shall be informed thereof, to confer freely and fully with his Majesty’s Minister at the same Court; and in Concert with him, to make such Remonstrances on the Subject to his britannic Majesty, as they may jointly think most Expedient and conformable to their respective Instructions.—

It is also the Pleasure of Congress that you represent to his most Christian Majesty

That by the 8th. Article of the Treaty of Amity & Commerce subsisting between him and the United States it is Stipulated that “The most Christian King will employ his good Offices and Interpositions with the King or Emperor of Morocco or Fez; the Regencies of Algiers, Tunis and Tripoly, or with any of them; and also with every other Prince, State or Power, of the Coast of Barbary in Africa, and the Subjects of the said King, Emperor, States and Powers, and each of them, in order to provide as fully and efficaciously as possible for the Benefit, Conveniency and Safety of the said United States, and each of them, their Subjects, People and Inhabitants, and their Vessels and Effects, against all Violence, Insults, Attacks or Depredations, on the part of the said Princes and States of Barbary, or their Subjects.—[”]

That the United States have found it necessary to commence Negociations with the above named Powers for the Purpose of forming such Treaties and Arrangements with them, as may prevent their committing any future Depredations on the American Vessels and Trade—You are to communicate to his Majesty an exact State of the Measures taken for that Purpose, and to request that he will, agreeable to the said Article, interpose his friendly Aid and good Offices to promote the Success of those Negociations—which Negociations Mr. Adams and You will conduct in such a Manner, as you and he may think best calculated to give them all the Advantage that can result from his Majesty’s Interposition.—

Your Secretary further Reports that the Chargé des Affaires at the Court of Spain should be instructed as follows—Vizt.

It is the Pleasure of Congress that you present their Thanks to his Catholic Majesty for the very friendly Manner in which he interposed his good Offices with the Emperor of Morocco in Behalf of the american Vessel and Crew captured by one of his Corsairs; as well as for the kind Disposition he has expressed of his Readiness to promote a good Understanding between the United States and that Prince.—

You will communicate to his Majesty that Congress have taken Measures for negotiating a permanent Peace with the Emperor, and that they would esteem themselves greatly obliged by his Majesty’s Endeavours to promote the Success of those Negociations, by exerting his Influence at that Court in their Favour.—

You will assure his Majesty that his friendly Attention to the United States will always make a correspondent Impression on them, and that they will always be happy to embrace every Occasion of testifying the Sense they entertain of it, as well as of manifesting their sincere Disposition to unite the two Nations by the strongest Ties of mutual Affection and reciprocal Advantage.—

Your Secretary takes the Liberty of observing, that as their High Mightinesses have agreed by the 23d. Article of the Treaty between them and the United States, to second and aid the Negociations of the latter with the African piratical States, it would in his Opinion be proper for Congress to avail themselves of this Article, and apply to their High Mightinesses accordingly.—

All which is submitted to the Wisdom of Congress—

John Jay

DS, DNA: PCC, item 81, 2: 65–72 (EJ: 3891). Endorsed: “Report of Secy for foreign / affairs on [illegible] / Instructions to the Minister at / the court of Versailles & London / Entd read 22 March 1786 / Thursday 30 March 1786 assigned / for Consideration”. LbkCs, DNA: PCC, item 124, 1: 288–94 (EJ: 4561); NNC: JJ Lbk. 3; JJC, 30: 126–30.

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