To Thomas Jefferson from James Madison, 2 October 1804
From James Madison
Oct. 2. 1804
Dear Sir
I return to the Dept. of State the enclosed papers (excepting the private letter from Mr. L) thro’ your hands that you may peruse such of them as may deserve that attention. According to my recollection, the explanation of the Act of Congs. so offensive to Spain, was communicated to Yrujo. As it is possible that I may be mistaken, it may be worth while to enquire into the fact; and if the communication should have been transmitted to Pinkney only, and consequently not known to the Spanish Govt. or even to its Minister here, a communication of this document to the latter may perhaps be satisfactory on that point and render any thing more on it unnecessary. Mr. Wagner can give any information you may please to call for. Jackson I find has lost no time in giving publicity to the affair between him & Yrujo. What course the latter will take remains to be seen. Should circumstances of any kind be thought to urge a close of the business with him or any other arrangement with respect to it, why might not one of the other Secretaries, or even Mr. Wagner, be made a channel of your sentiments and determinations? I find it will be impossible for me to be in Washington before Saturday night, and that only with all the incidents to a journey favorable. Should the door be shut agst. further communication with Yrujo, and Pinkney’s situation at Madrid not be contradicted, a direct communication with Cevallos appears to be the next resource.
With respectful attachment Yrs.
James Madison
RC (DLC); at foot of text: “The President”; endorsed by TJ as received from the State Department at Orange on 7 Oct. and “Yrujo. & Span. affairs” and so recorded in SJL. Enclosure: Robert R. Livingston to Madison, Paris, 20 June, written almost entirely in cipher; at head of text: “Private & confidential to be decyphered only by the Secretary of State himself”; Livingston reiterates his belief that the United States should take possession of West Florida, that France would force Spain to acquiesce to the act, and that nothing would be gained by further negotiations on the subject (Madison, Papers, Sec. of State Ser., 7:343-4). Other enclosures not identified.
explanation of the Act: writing to Carlos Martínez de Irujo on 19 Mch., Madison explained that section 11 of the 24 Feb. act of Congress was not intended to establish a collection district on the waters of Mobile Bay beyond the acknowledged limits of the United States, that is, south of the boundary established by the Pinckney Treaty of 1795. Nevertheless, Madison repeated the administration’s claim that the eastern boundary of Louisiana, as acquired by the United States, extended to the Perdido River (Madison, Papers, Sec. of State Ser., 6:604-5).
William Jackson published his recent correspondence with TJ, including his sworn statement regarding his recent conversation with Irujo, in the 20 Sep. edition of the Political and Commercial Register (see Jackson to TJ, 7 Sep.; TJ to Jackson, 15 Sep.). Irujo responded with a lengthy letter to Madison dated 3 Oct., in which he defended himself against Jackson’s allegations. Before it reached Madison, however, Irujo had the letter published in the 5 Oct. edition of the National Intelligencer, which dated it 2 Oct. Irujo did not forward the letter to Madison until 7 Oct., stating that a “sudden fit of illness” and Madison’s absence prevented him from sending it sooner. According to Irujo, he had “communicated” the letter to the president “previous to its publication” (Madison, Papers, Sec. of State Ser., 8:114-19, 134).