The Diplomatic Correspondence of the American Revolution Volume VIII Part 18

"Versailles, September 4th, 1782.

"Sir,

"I should be glad to have a conversation with you on the subject of the boundaries in regard to Spain, but it is impossible for me to go to Paris for this purpose. You would oblige me, if you would have the goodness to come to Versailles tomorrow morning. It will give me great pleasure to see you at dinner. Meanwhile I have the honor, &c.

RAYNEVAL."

I accordingly waited upon M. de Rayneval. He entered into a long disquisition of our claims to the western country. It is unnecessary to repeat in this place what he said on those subjects, because I shall insert in this letter a copy of a paper, which at my request he wrote to me on them. That paper will speak for itself. You will be at no loss to form a judgment of the mode in which he proposed to reconcile us, by what he called a conciliatory line. We discussed very freely the propriety of my objecting to proceed with the Count d'Aranda; and among other reasons, which induced him to think I ought to go on, was my having already conferred with him on those subjects.

My answer to this was obvious, viz. that though I had heard Count d'Aranda's propositions, yet that I had offered none of any kind whatever.

On the 6th of September, M. de Rayneval wrote me the following letter.

M. DE RAYNEVAL TO JOHN JAY.

Translation.

"Versailles, September 6th, 1782.

"I have the honor, Sir, to send you as you desired me, my personal ideas on the manner of terminating your discussions about limits with Spain. I hope they will appear to you worthy to be taken into consideration.

"I have reflected, Sir, on what you said to me yesterday of the Spanish Amba.s.sador's want of powers. You cannot in my opinion urge that reason to dispense treating with that Amba.s.sador, without offending him, and without contradicting the first step you have taken towards him. This reflection leads me to advise you again to see the Count d'Aranda, and to make him a proposition of some sort or other on the object in question. That which results from my memoir appears to me the most proper to effect a reasonable conciliation; but it is for you to judge whether I am mistaken, because you alone have a knowledge of the t.i.tle, which the United States can have to extend their possessions at the expense of nations, whom England herself has acknowledged to be independent.

"As to the rest, Sir, whatever use you may think proper to make of my memoir, I pray you to regard it at least as a proof of my zeal, and of my desire to be useful to the cause of your country.

"I have the honor to be, with perfect consideration, yours, &c. &c.

RAYNEVAL.

"_P. S._ As I shall be absent for some days, I pray you to address your answer to M. Stenin, Secretary to the Council of State, at Versailles.

"I must desire you not to let the perusal of the following memoir make you forget the postscript of the above letter, for in the sequel you will find it of some importance."

_M. de Rayneval's Memoir respecting the Right of the United States to the Navigation of the Mississippi._

Translation.

"The question between Spain and the United States of North America is, how to regulate their respective limits towards the Ohio and the Mississippi. The Americans pretend, that their dominion extends as far as the Mississippi, and Spain maintains the contrary.

"It is evident, that the Americans can only borrow from England the right they pretend to have to extend as far as the Mississippi; therefore, to determine this right, it is proper to examine what the Court of London has thought and done on this head.

"It is known, that before the treaty of Paris, France possessed Louisiana and Canada, and that she considered the savage people, situated to the east of the Mississippi, either as independent, or as under her protection.

"This pretension caused no dispute; England never thought of making any, except as to the lands situated towards the source of the Ohio, in that part where she had given the name of Alleghany to that river.

"A discussion about limits at that time took place between the Courts of Versailles and London, but it would be superfluous to follow the particulars; it will suffice to observe, that England proposed in 1755 the following boundary. It set out from the point where the River de Boeuf falls into the Ohio, at the place called Venango; it went up this river towards lake Erie as far as twenty leagues, and setting off again from the same place, Venango, a right line was drawn as far as the last mountains of Virginia, which descend towards the ocean. As to the savage tribes situated between the aforesaid line and the Mississippi, the English Minister considers them as independent; from whence it follows, that according to the very propositions of the Court of London, almost the whole course of the Ohio belonged to France, and that the countries situated to the westward of the mountains were considered as having nothing in common with the Colonies.

"When peace was negotiated in 1761, France offered to make a cession of Canada to England. The regulation of the limits of this Colony and Louisiana was in question. France pretended that almost the whole course of the Ohio made a part of Louisiana, and the Court of London, to prove that this river belonged to Canada, produced several authentic papers; among others, the chart which M. Vaudreuil delivered to the English commandant when he abandoned Canada. The Minister of London maintained at the same time, that a part of the savages situated to the eastward of the Mississippi were independent, another part under its protection, and that England had purchased a part from the five Irequois nations. The misfortunes of France cut these discussions short; the treaty of Paris a.s.signed the Mississippi for the boundary between the possessions of France and Great Britain.

"Let us see the dispositions, which the Court of London has made in consequence of the treaty of Paris.

"If they had considered the vast territories situated to the eastward of the Mississippi as forming part of their ancient Colonies, they would have declared so, and have made their dispositions accordingly.

So far from any such thing, the King of England, in a proclamation of the month of October, 1763, declares in a precise and positive manner that the lands in question are situated between the Mississippi and the ancient _English establishments_. It is, therefore, clearly evident, that the Court of London itself, when it was as yet sovereign of the Thirteen Colonies, did not consider the aforementioned lands as forming part of these same Colonies; and it results from this in the most demonstrative manner, that they have not at this time any right over these lands. To maintain the contrary, every principle of the laws of nature and nations must be subverted.

"The principles now established are as applicable to Spain as to the United States. This power cannot extend its claims beyond the bounds of its conquests. She cannot, therefore, pa.s.s beyond the Natchez, situated towards the thirtyfirst degree of lat.i.tude; her rights are, therefore, confined to this degree; what is beyond, is either independent or belonging to England; neither Spain nor the Americans can have any pretensions thereto. The future treaty of peace can alone regulate the respective rights.

"The consequence of all that has been said is, that neither Spain nor the United States has the least right of sovereignty over the savages in question, and that the transactions they may carry on as to this country would be to no purpose.

"But the future may bring forth new circ.u.mstances, and this reflection leads one to suppose, that it would be of use that the Court of Madrid and the United States should make an eventual arrangement.

"This arrangement may be made in the following manner. A right line should be drawn from the eastern angle of the Gulf of Mexico, which makes the section between the two Floridas, to Fort Toulouse, situated in the country of the Alabamas; from thence the river Loneshatchi should be ascended, from the mouth of which a right line should be drawn to the Fort or Factory Quena.s.see; from this last place, the course of the river Euphasee is to be followed till it joins the Cherokee; the course of this last river is to be pursued to the place where it receives the Pelisippi; this last to be followed to its source, from whence a right line is to be drawn to c.u.mberland river, whose course is to be followed until it falls into the Ohio. The savages to the westward of the line described should be free under the protection of Spain; those to the eastward should be free, and under the protection of the United States; or rather, the Americans may make such arrangements with them, as is most convenient to themselves. The trade should be free to both parties.

"By looking over the chart we shall find, that Spain would lose almost the whole course of the Ohio, and that the establishments, which the Americans may have on this river, would remain untouched, and that even a very extensive s.p.a.ce remains to form new ones.

"As to the course and navigation of the Mississippi, they follow with the property, and they will belong, therefore, to the nation to which the two banks belong. If then, by the future treaty of peace, Spain preserves West Florida, she alone will be the proprietor of the course of the Mississippi from the thirtyfirst degree of lat.i.tude to the mouth of this river. Whatever may be the case with that part, which is beyond this point to the north, the United States of America can have no pretensions to it, not being masters of either border of this river.

"As to what respects the lands situated to the northward of the Ohio, there is reason to presume that Spain can form no pretensions thereto.

Their fate must be regulated with the Court of London."

I did not return M. Rayneval any answer to his letter, nor any remarks on his memoir, but the first time I saw him afterwards I told him, I had received his letter and memoir he had done me the honor to write, and that I should send a copy of it to our Secretary for Foreign Affairs.

As both the letter and memoir were _ostensibly_ written by him in a private character, it did not appear to me expedient or necessary to enter into any formal discussions with him on those subjects.

The perusal of this memoir convinced me,

1st. That this Court would, at a peace, oppose our extension to the Mississippi.

2dly. That they would oppose our claim to the free navigation of that river.

3dly. That they would _probably_ support the _British_ claims to all the country above the 31st degree of lat.i.tude, and _certainly_ to all the country north of the Ohio.

4thly. That in case we should not agree to divide with Spain in the manner proposed, that then this Court would aid Spain in negotiating with Britain for the territory she wanted, and would agree that the residue should remain to Britain.

In my opinion, it was not to be believed that the first and confidential Secretary of the Count de Vergennes would, without his knowledge and consent, declare such sentiments, and offer such propositions, and that, too, in writing. I therefore considered M.

Rayneval as speaking the sentiments of the Minister, and I confess they alarmed me, especially as they seemed naturally to make a part of that system of policy, which I believed induced him rather to postpone the acknowledgment of our independence by Britain to the conclusion of a general peace, than aid us in procuring it at present.

You will now be pleased to recollect the postscript to M. Rayneval's letter.

On the 9th of September I received certain information that on the 7th M. Rayneval had left Versailles, and was gone to England; that it was pretended he was gone into the country, and that several precautions had been taken to keep his real destination a secret.

A former page in this letter informs you, that a little before this, Mr Oswald had despatched a courier with letters, recommending it to his Court to issue a new commission, styling us _United States_, and that I had agreed to prepare a letter to the Count de Vergennes, stating our objections to treat with Mr Oswald under his present one.

This, therefore, was a period of uncertainty and suspense, and whatever part Britain might take, must necessarily be followed by very important consequences. No time was, therefore, to be lost in counteracting what I supposed to be the object of M. Rayneval's journey. But before I enter into that detail, I must here insert a copy of the letter, which I wrote to the Count d'Aranda, agreeably to his request herein beforementioned.