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As a means of absorbing some of this American feeling on the Mississippi Question, Gardoqui proposed to Floridablanca not a portentous exhibition of the military defenses of Louisiana which his first instructions had suggested, but special tariff privileges reciprocally for Spanish and American goods and ships in Spain proper and in the United States, even at the risk of Spain thereby incurring the obligation to extend the same privileges to European nations possessing mostfavored-nation rights. Should this not be approved, he suggested a treaty of commerce and boundary which should not mention the Mississippi, letting it rest uncompromisingly in the condition of having been formally denied to everybody.19

The two plenipotentiaries continued their conversations throughout the winter of 1785-1786. We have the record preserved in detail in the Spanish envoy's numerous despatches. The latter assiduously obeyed repeated orders from Floridablanca to regale Jay and other influential men who might be induced to favor Spain's claims. He continued to be most attentive to Mrs. Jay. "Notwithstanding my age," he wrote his chief, "I am acting the gallant and accompanying Madame to the official entertainments and dances, because she likes it and I will do everything which appeals to me for the King's best interest.' He began to derive

19 Gardoqui to Floridablanca, Confidential No. 3, N. Y., August 23, 1785, Ibid. Leg. 3895, G. D., IV, 14–28.

20 Gardoqui to Floridablanca, Confidential No. 7, N. Y., Feb. 1, 1786, A. C. A., Est., Leg., 3895, G. D., IV, 52-72.

some satisfaction from talks with prominent persons whose eastern industrial interests might be injured by the drain of cheap labor in emigrations to the West. One of these was Governor Clinton, of New York. He also got comfort from the fact that Congress seemed really anxious to restrain, pending the negotiations, the irresponsible Georgian frontiersmen and other westerners from aggressive action in the disputed territory, or from attempting to force the navigation of the river.

To Gardoqui, at this time, it was a matter of alarm that the Kentucky District of Virginia was petitioning for a separation from the parent commonwealth and admission into the Union as a new, fourteenth state. As a new state, or perhaps more as an independent power, they would be more difficult to restrain in their efforts to get down the river; he therefore thought it well to tie up the Confederation to a definite exclusion before the petitions of the Kentucky people were granted.21 The potential menace to Spanish provinces of these western settlements, especially when denied the use of the great river, was the subject of frequent despatches to Floridablanca, and eventually of the suggestion that the demand of the American West for the use of the Mississippi would have to be met by Spain

21 Gardoqui to Floridablanca, No. 65, N. Y., Mar. 13, 1786, A. C. A., Est. Leg., 3891A, G. D., III, 20. See also Floridablanca's reply of Sept. 1, Ibid., agreeing with that idea.

with some arrangement similar to that by which Denmark regulated, by toll charges, the traffic of the Sounds.22

Neither gifts nor attentions, reflections nor arguments seemed as yet potent enough to drive Jay from his stand as to the Mississippi and the southwestern boundary. 23 After many conversations, the two agreed to work out the draft of a treaty of commerce which should exhibit the reciprocal advantages of such an instrument, particularly to the states which might thus be induced to accept the cloture of the river. "We are working it out while the new Congress is being formed," wrote Gardoqui, "so that when we see a favorable moment, that Minister (Jay) will present it and ask for a resolution whether that matter should be acceded to without which I have declared I can proceed no farther." Really he had little hope that Congress would assent without some valuable equivalent. 24

22 Same to same, Confidential No. 9, April 16, 1786, A. С. А., Est. Leg. 3895, G. D., II, 86-95.

23 In February, 1786, Gardoqui reported that in addition to his attentions to the Jays he had made use of the reflections, which Floridablanca meanwhile had furnished to him, to stress the importance of the successful Spanish mediation between the United States and Morocco, which demonstrated the value of Spanish friendship in the Mediterranean, and was a reason for concessions; because, unrestrained, the Barbary corsairs could drive American commerce out of that sea. He also emphasized the disadvantage to the eastern states of diverting western trade to the Mississippi. Gardoqui to Floridablanca, Confidential Despatch No. 7, N. Y., Feb. 1, 1786, A. C. A., Est. Leg. 3895, G. D., IV, 52-72.

24 Same to same, Confidential No. 6, N. Y., Nov. 21, 1785, A. C. A., Est. Leg. 3895, G. D., IV, 33.

In agreeing to present the matter to Congress, Jay had not yet accepted Gardoqui's claims, as the latter's despatches show, though he then had in mind the recommendations which the following summer he made to that sovereign body.

III

The negotiators had now agreed, after several confidential conferences, on heads for a proposed treaty covering points other than the still unsettled issues of the Mississippi Question and the boundary. These included a treaty of commerce and alliance for thirty years, in which Spain accepted commercial reciprocity between the United States and the peninsular domains of the Kingdom as well as the Canary Islands, the merchants of each party to be given the treatment of nationals25 within the domains of the other in matters of duties. It included reciprocal permission to introduce all the bona fide manufactures and products of either party (except tobacco) into the (stipulated) domain of the other, with tariffs to be based on principle of reciprocity according to a scale to be worked out in a separate convention. Each party was to guarantee the other's territory in America as it should be determined by the treaty, against attack by a third party. 26 "In 25 See note 28, p. 69 ante.

26 As to the article of mutual territorial guaranty, as first worded by Gardoqui it included all the possessions of Spain in Europe and America. Jay objected that the United States ought not to commit itself to such obligations, so difficult to fulfil because of the distance involved. Gardoqui replied that it was

consideration of the fact that the United States has no mines of gold and silver to supply the demands of a circulating medium," His Catholic Majesty agreed to purchase every year, for cash specie, a quantity of hard wood for building purposes, providing it be equal in quality and price to that which might be obtained elsewhere. Finally Spain agreed to mediate between the United States and Great Britain for the recovery of the American posts on the northern frontier, and "will see that they get justice, by force of arms if otherwise it cannot be promptly secured."27

Such were the contingent articles to which Jay agreed, and which Gardoqui recommended to his court for acceptance provided the United States would relinquish specifically its claims to the navigation of the Mississippi, and make some compromise in regard to the Florida boundary.28 It was a notable proposal for an entangling alliance. The article of mutual guaranty specifically stated that neither party, in case of an at

just as difficult for Spain to fulfil hers for the same reason. They finally agreed to leave out Spain proper, but to include under the guaranty the territories of the King of Spain in both Americas as they should exist after agreement between the United States and Spain in regard to the disputed boundary. Gardoqui to Floridablanca, Confidential No. 7, N. Y., Feb. 1, 1786, G. D., IV, 64.

27 Ibid.

28 Gardoqui was empowered in 1786 to make some concessions from the line of the Yazoo laid down in the instructions of the Conde de Galvez. Floridablanca to Gardoqui, El Pardo, January 28, 1786, A. C. A., Est., Leg., 3886, G. D., VI, 145. This instruction says that "some but no great modification" of his original instructions as to boundaries might be allowable.

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