The Count then proceeded to enumerate the various obstacles arising from his ill health, the multiplicity of business, which had so long subjected Mr Jay to the delays he had hitherto experienced, and which, for his part, he could not but regret; that agreeable to his promise made to Mr. Jay soon after his arrival, and frequently afterwards repeated, he had attempted to commit to paper his sentiments on the various points on which the proposed treaties must turn, and although he had made some progress in it, he had, for the reasons abovementioned, been obliged to leave it imperfect; that daily experience convinced him that his official business was too extensive and various to admit of his application to other objects, especially as his indisposition often rendered it impracticable for him to pay a due attention to it; that he, therefore, conceived it necessary that some person, duly authorised to confer with Mr Jay on these subjects, should be appointed by his Majesty; that he intended on Sunday next to recommend this measure to the King, to whom he would at the same time communicate the copy of Mr Morris's letter to Mr Jay, which the latter had given him; that in order to the putting of this matter in proper train, it would be expedient for Mr Jay previously to commit to paper his ideas of the outlines of the proposed treaties, and particularly to state the propositions he might think proper to make relative thereto; that he had been informed, that the treaties between France and America had been preceded by the like measures; for that the American Commissioners had first offered a plan of propositions, and then M. Gerard was appointed to confer with them before those treaties were drawn into the state they now appear, and finally concluded. That the like proceedings were rendered particularly necessary in this case, by the variety and importance of the points necessary to be adjusted between Spain and America; that in forming political connexions between nations, constant regard must be had to their reciprocal interests, and care taken, by previous arrangements, to avoid the inconveniences which would result from any clashing of interest; that three great points presented themselves, as requiring great attention, in forming the proposed connexion between Spain and America.
1st. The aids requested by America, as stated in Mr Morris's letter, were very considerable; that it would be necessary, on the part of Spain to determine what pecuniary aids it might be in their power to grant either by loan or subsidy, as well as the time, place, and manner of payment; for that great punctuality was requisite in such transactions, as well that the royal engagements might be properly fulfilled, as that Congress might not be subjected to inconveniences and disappointments; that on the part of America, it must be ascertained what compensation they should make, as well as the time and manner of doing it; and that it might be well to consider how far such compensation might be made in ship timber, or other productions of that country; that a compensation would be indispensable, for that the King, being only the guardian of his dominions, would not think himself justifiable in dispensing with the just rights of his people.
2dly. That the commercial concerns of the two countries was another point, which would call for very accurate and important regulations. That so far as this commerce would respect the United States and old Spain, the difficulty would not be very great; for that such commerce being in a considerable degree permitted to other nations, America ought also to participate in the benefits of it. But with respect to the Spanish dominions in America, as all other nations were excluded from any direct commerce with any part of them, the United States could not reasonably expect to be on a better footing than other nations, and particularly the French, who were the near allies of Spain.
3dly. That with respect to the proposed treaty of alliance, Mr Jay must be sensible, that the several engagements, which would thereby be rendered necessary between the parties, the matters of boundary, and the navigation of the Mississippi, would give occasion to several important articles, which ought to be maturely considered and well digested. To this end, he wished that Mr Jay would immediately turn his thoughts on these subjects, and offer him such a set of propositions, as might become the basis of future conferences between him and the person whom he expected his Majesty would appoint.
The Count then took occasion to observe, that he had long wished Mr Jay had offered him such propositions, but that his Court had as yet received from Congress nothing but good words and fair assurances, and that though his Majesty had given them some little aids, yet they had discovered no disposition, by acts, to acknowledge them. Mr Jay reminded his Excellency of his having, at a very early day, undertaken to commit to paper the outlines of the proposed treaties, and that the constant expectations of his perfecting it, had restrained Mr Jay from offering anything of the like nature on the subject. That he could conceive of nothing in the power of Congress to do, which could more fully evidence their disposition to gratify his Majesty, than their having offered to recede from their claims to the navigation of the Mississippi, though the preservation of it was deemed of the highest importance to their constituents. The Count admitted the propriety of both these observations, and said he hoped that the delays, which had so long embarrassed Mr Jay, would soon be terminated.
Mr Jay expressed his anxiety to be enabled to communicate to Congress some decided intelligence, respecting the aids they might expect from this Court; to which the Count replied, that the sum requested was great, the expenses of the kingdom very extensive, and the means of obtaining the sums necessary to defray them subject to many difficulties; that he would, as he had before mentioned, communicate Mr Morris's letter to the King, and, until that was done, he could not be in capacity to say anything further on the subject; that as the appointment of a person to confer with Mr Jay would rest with his Majesty, he could not say who in particular it would be, but he hoped, and was persuaded that it would be some person well-intentioned towards America; that he was the more confirmed in this expectation, from the friendly disposition, which the King had early and constantly manifested towards that country; that he would again repeat what he had before told Mr Jay, viz. that the King, when acting in capacity of mediator for a peace, had refused to permit that country to be sacrificed; that since the rupture with Britain, tempting and advantageous offers had been made to him to withdraw his protection from America, and conclude a separate peace; that he had rejected these offers, and still continued determined to support the States; that this conduct ought to be viewed as extremely generous, as no political connexions or engagements did then, or do as yet subsist between the two countries. Mr Jay assured his Excellency that the magnanimity of this conduct had made a deep impression on the people of America; that nothing but want of opportunity would ever prevent their expressing it more strongly than by words, and that the sense they entertained of it, had greatly influenced the late measure they had taken to comply with his Majesty's desires. The Count then pressed Mr Jay again to send him the paper above mentioned before Sunday, adding that he sincerely wished nothing might be wanted to put the business in a proper train; that for his part, he had the best disposition towards America, as well as personal regard for Mr Jay, and, after adding some complimentary expressions relative to the character of the latter, he concluded.
I was a little surprised that the Count should expect to receive from me, in the course of three days, formal propositions on the several points stated in this conference. But it would not have been proper for me to desire further time.
On the 22d of September, I sent him the following letter and propositions.
"St Ildefonso, September 22d, 1781.
"Sir,