JOHN JAY.
TO DON JOSEPH GALVEZ, MINISTER OF THE SPANISH COURT.
Cadiz, January 27th, 1780.
Sir,
Permit me through your Excellency to have the honor of representing to his most Catholic Majesty, that on the sixth day of February, 1778, the respective Plenipotentiaries of his most Christian Majesty, and the United States of America, by whom the treaties now subsisting between them were concluded, did make and subscribe a secret article in the words following, viz.
"The Most Christian King declares, in consequence of the intimate union which subsists between him and the King of Spain, that in concluding with the United States of America this treaty of amity and commerce, and that of eventual and defensive alliance, his Majesty had intended, and intends to reserve expressly, as he reserves by this present separate and secret act, to his Catholic Majesty, the power of acceding to the said treaties and to participate in their stipulations, at such time as he shall judge proper. It being well understood, nevertheless, that if any of the stipulations of the said treaties are not agreeable to the King of Spain, his Catholic Majesty may propose other conditions analagous to the principal aim of the alliance, and conformable to the rules of equality, reciprocity and friendship. The deputies of the United States, in the name of their constituents, accept the present declaration to its full extent; and the deputy of the said States, who is fully empowered to treat with Spain, promises to sign, on the first requisition of his Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties above written. And the said deputy shall endeavor, in good faith, the adjustment of the points in which the King of Spain may propose any alteration, conformable to the principles of equality, reciprocity, and perfect amity; he the said deputy not doubting but the person or persons, empowered by his Catholic Majesty to treat with the United States, will do the same with regard to any alterations of the same kind, that may be thought necessary by the said Plenipotentiary of the United States."
The Congress willing to manifest their readiness fully to comply with an article, which they have reason to believe particularly agreeable to their great and good ally, and being desirous of establishing perpetual amity and harmony with a Prince and nation whom they greatly respect, and with whom various circumstances lead them to wish for the most cordial and permanent friendship, have thought proper to request his most Catholic Majesty to accede to the said treaties, and thereby preclude the necessity of that measure's originating in the manner specified in the article. For this purpose they have done me the honor to appoint me Minister Plenipotentiary, and directed me to communicate to his Most Christian Majesty the desire of Congress on this subject, and to request his favorable interposition. They also made it my duty to give his Most Catholic Majesty the fullest assurances of their sincere disposition to cultivate his friendship and confidence; and authorised me, in their behalf, to enter into such treaties of alliance, amity, and commerce, as would become the foundations of perpetual peace to Spain and the United States, and the source of extensive advantages to both.
Thus commissioned I embarked without delay on board the frigate, which had been appointed to carry the Sieur Gerard to France, and sailed with him for that kingdom, from Pennsylvania, on the 26th day of October last.
But after having been thirteen days at sea, the frigate was dismasted, and her rudder so greatly injured, as to oblige us to alter our course and steer for Martinique. We arrived there on the 18th day of December last; and sailed from thence on the 28th day of the same month in a French frigate which was bound to Toulon, but had orders to touch at this port for intelligence. We arrived here the 22d instant, and received information of recent events, which rendered the further prosecution of our voyage too hazardous to be prudent.