"You may observe that I treat this subject merely as a question of justice, arising from that general law, which subsists and ought to be observed between friendly nations.
"I forbear making any remarks on the impolicy of your persisting to detain these men. I hope never to see America do what is right merely because it may be convenient. I flatter myself that her conduct will uniformly be actuated by higher and more generous principles, and that her national character will daily become more and more distinguished, by disinterested justice and heroic magnanimity.
"I shall take the earliest opportunity of transmitting a particular state of this affair to Congress, and I cannot doubt but that your conduct will merit their approbation, by being perfectly consistent with a just regard to the dignity and rights of a sovereign, who has acted not only justly but generously towards our country.
"If your reluctance to deliver up those men should have arisen from an apprehension of their suffering the punishment, which on conviction would be due to their offences, that reluctance ought now to cease, because his Excellency, the Minister, has been pleased to assure me, that they shall not be punished, but only obliged to fulfil those engagements, which they ought to have honestly performed instead of deserting.
"In short, Sir, although on the one hand, I will never advise or encourage you to violate the rights of the meanest man in the world, in order to answer political purposes; yet on the other, I shall always think it my duty to advise and encourage both you and others to render unto Cæsar whatever may belong unto Cæsar.
"I am, &c.
JOHN JAY."
In answer to this letter, the Commodore wrote me one, which, according to the state of facts mentioned in it, showed that the charge against him was precipitate, and, as he in that letter predicted, I have never since heard anything further from the Minister on the subject.
You may recollect, that copies of certain letters from Colonel Searle and Mr Gillon, which I had just received, were subjoined to my letter of the 3d of October last. These letters were soon followed by several others. Colonel Searle's representations against the Commodore's conduct were very strong, and tended to create an opinion, that the ship and public stores on board of her were in danger. He desired me to send some person to Corunna, with proper instructions on the subject, and as an additional inducement offered to transmit to me through him some important information, which had been confidentially communicated to him in Holland by Mr Adams, and which he did not choose to hazard by a common conveyance.
Considering the nature of these representations, and the limits and objects of my commission and instructions, it became a difficult question how far I ought, and in what manner I could interfere. I finally judged it would not be improper to send Mr Carmichael down with instructions to make a full inquiry into the facts alleged against the Commodore, and to use my influence with this government to stop the vessel for the present, in case on such inquiry there should arise a very strong presumption, that such a step would be necessary to preserve her. Mr Carmichael did not think that a business of this kind was within the duty of his appointment, and he doubted his being able to ride post so far. This was a delicate business, and the management of it could with propriety be only committed to one, in whose prudence and circumspection much confidence might be reposed. It would have been improper for me to have undertaken it, because I could not justify exposing by my absence our negotiations for aids and a treaty to unseasonable delays.