"1st. The distance of America from Spain is so great, and the intercourse between the two countries rendered so precarious by the war, that many months must unavoidably elapse before the sentence of an American Court of Admiralty can be obtained and executed here.
"2dly. That by these delays all cargoes, or parts of cargoes, which may be of a perishable nature, will be lost, and the value of the vessel and rigging greatly diminished.
"3dly. That as his Majesty has not as yet been pleased to grant the United States the privilege of having consuls in his ports, it is not in their power to provide for the transmission of the evidence of captures, in the manner specified in the abovementioned order.
"4thly. That in case the prize should be claimed as a neutral vessel, the claimants must either prosecute their claim in America, or the sentence given there could not be influenced by it; and yet it is more probable, that those claimants would endeavor to avoid that expense and trouble, by applying here for an order to suspend the execution of the sentence, as well as for a trial of the merits of their claim by a Spanish tribunal. In which case the same cause would become subject to two jurisdictions, and tried by two different independent courts, in two different countries.
"This order not being published, it is possible, that my information respecting it may not be right in all its parts; though I have reason to believe from the usual accuracy of M. Gardoqui, (from whom I received this information) that I am not mistaken.
"There is at present an American prize at Bilboa, and all judicial proceedings respecting it are now at a stand.
"The importance of this subject to the United States, and in some measure to the common cause, will I hope apologize for my troubling your Excellency with these remarks, and for requesting, that the embarrassments in question may be removed, in such a manner as may be most agreeable to his Majesty.
"I have the honor to be, &c.
JOHN JAY."
To this letter I never received any answer whatever. After waiting six or eight days I asked M. Gardoqui, who almost daily applied to me on the subject, what could be the reason of so much delay in a case, that admitted of so little doubt. He said he could only account for it by supposing, that the Minister had sent for the original order to prevent mistakes. I asked whether these royal orders were not regularly recorded at the time they were issued. He told me they were not.