them. It may not be amiss to recollect that under the old Congress, as I understand, and even in the ceremonies attending the introduction of the new Govt the foreign ministers were placed according to the order in which their Gov acknowledged by Treaties the Independence of the U. States. In this point of view the pêle mêle is favorable both to G. B. and to Spain. I have, I believe already told you that the President has discountenanced the handing first to the table the wife of a head of department applying the general rule of pele mele to that as to other cases. The Marquis d'Yrujo joined with Merry in refusing an invitation from the Pres & has throughout made a common cause with him not however approving all the grounds taken by the latter. His case is indeed different and not a little awkward; having acquiesced for nearly three years in the practice agst which he now revolts. Pichon being a chargé only, was not invited into the pretensions of the two Plent. He blames their contumacy but I find he has reported the affair to his government which is not likely to patronize the cause of Merry & Yrujo. Thornton has also declined an invitation from the Pres! This shews that he unites without necessity with Merry. He has latterly expressed much jealousy of our views founded on little and unmeaning circumstances. The manners of Mr M. disgust both sexes and all parties. I have time to add only my affecte respects. M Merry has the honor to present his respects to M Madison. He has just had that of receiving a note from the Presid' of the US of which the following is a copy. Thomas Jefferson asks the favor of Mr Merry to dinner with a small party of friends on monday the 13th at half past three Feb: 9, 04. It so happens that Mr Merry has engaged some company to dine with him on that day. Under other circumstances however he would have informed himself whether it is the usage as is the case in most countries for private engagements of every kind to give way to invitations from the chief magistrate of the U. S. and if such were the usage he would not have failed to have alleged it as a just apology for not receiving the company he has invited. But after the communication which Mr Merry had the honor to receive from M Madison on the 12th of last month respecting the alteration which the Presid! of the United States had thought proper should take place in regard to the treatment to be observed by the Executive government towards foreign ministers from those usages which had been established by his predecessors and after the reply which Mr Merry had the honor to make to that notice stating that notwithstanding all his anxiety to cultivate the most intimate and cordial intercourse with every of the government he could not take upon himself to acquiesce in that alteration on account of its serious nature, which he would therefore report to his own government and wait for their instructions upon it, it is necessary that he should have the honor of observing to Mr Madison that combining the terms of the invitation above mentioned with the circumstances which have preceded it Mr Merry can only understand it to be addressed to him in his private capacity and not as his Britannic Majestys minister to the United States. Now, however anxious he may be, as he certainly is, to give effect to the claim 1424. 12931 above expressed of conciliating personally and privately the good opinion and esteem of Mr Jefferson he hopes that the latter will feel how improper it would be on his part to sacrifice to that desire the duty which he owes to his Sovereign and consequently how impossible it is for him to lay aside the consideration of his public character. If M Merry should be mistaken as to the meaning of M Jefferson's note and it should prove that the invitation is designed for him in his public capacity he trusts that Mr Jefferson will 1 Not deciphered. feel equally, that it must be out of his power to accept it without receiving previously, through the channel of the Secretary of State the necessary formal assurances of the President's determination to observe towards him those usages of distinction which have heretofore been shewn by the executive government of the U. S. to the persons who have been accredited to them as his majesty's ministers. Mr Merry has the honor to request of Mr Madison to lay this explanation before the President and to accompany it with the strongest assurances of his highest respect and consideration. WASHINGTON, February 9, 1804. Mr Madison presents his compliments to Mr Merry. He has communicated to the President Mr Merry's note of this morning and has the honor to remark to him that the President's invitation being in the stile used by him in like cases had no reference to the points of form which will deprive him of the pleasure of M Merry's company at dinner on Monday next. M Madison tenders to Mr Merry his distinguished consideration. WASHINGTON, Feb! 9 1804. SIR, TO ROBERT R. LIVINGSTON. D. OF S. MSS. INSTR. Since my acknowledgment of yours of Oct. 20 & 31, I have received those of 29, 15 & 23 November and 11th December. In mine of January 31 I informed you that Louisiana had been transferred by the French Commissioner to our Commissioners on the 20th of December-that nothing had officially passed on the occasion concerning the boundaries of the ceded territory; but that Mr. Laussat had confidentially signified There is a copy of this instruction up to the part which encloses the correspondence with D'Yrujo in Madison's letter book in the that it did not comprehend any part of West Florida; adding at the same time that it extended westwardly to the Rio Bravo otherwise called Rio del Norde. Orders were accordingly obtained from the Spanish authorities for the delivery of all the posts on the West side of the Mississippi as well as on the Island of New Orleans. With respect to the posts in West Florida, orders for the delivery were neither offered to, nor demanded by our Commissioners. No instructions have in fact been ever given them to make the demand. This silence on the part of the Executive was deemed eligible first because it was foreseen that the demand would not only be rejected by the Spanish authority at New Orleans which had in an official publication limited the Cession Westwardly by the Mississippi and the Island of New Orleans, but was apprehended as has turned out, that the French Commissioner might not be ready to support the demand, and might even be disposed to second the Spanish opposition to it; secondly because in the latter of these cases a seriious check would be given to our title, and in either of them a premature dilemma would result between an overt submission to the refusal and a resort to force; thirdly because mere silence would be no bar to a plea at any time that a delivery of a part, particularly of the Seat of Government, was a virtual delivery of the whole; whilst in the mean time, we could ascertain the views and claim the interposition of the French Government, and avail ourselves of that and any other favorable circumstances for effecting an amicable adjustment of the question with the Government of Spain. In this state of things it was deemed proper by Congress in making the reguChicago Historical Society. Those portions which are printed in italics are in cypher in the letter book copy. On June 20, 1804, Livingston wrote to Madison: "I should not hesitate to take possession of West Florida and act as if no doubt could be entertained of our title. Once in possession, France will find it necessary to make Spain acquiesce in it, as it would be very repugnant to her interest at this time to suffer hostilities between the two nations which would render it still more difficult for Spain than it now is-and it is now sufficiently so-to pay her tribute to France."-Mad. Mss. lations necessary for the collection of Revenue in the Ceded territory and guarding against the new danger of smuggling into the United States thro' the channels opened by it, to include a provision for the case of West Florida by vesting in the President a power which his discretion might accommodate to events. This provision is contained in the 11th taken in connection with the 4th Section of the Act herewith inclosed. The Act had been many weeks depending in Congress with these Sections word for word in it; the Bill had been printed as soon as reported by the Committee for the use of the members, and as two copies are by a usage of politeness always allotted for each foreign Minister here it must in all probability have been known to the Marquis D'Yrujo in an early stage of its progress. If it was not, it marks much less of that zealous vigilance over the concerns of his Sovereign than he now makes the plea for his intemperate conduct. For some days even after the Act was published in the Gazette of this City, be was silent. At length however he called at the Office of State, with the Gazette in his hand, and entered into a very angry comment on the 11th Section, which was answered by remarks (some of which it would seem from this written allusion to them were not well understood) calculated to assuage his dissatisfaction with the law, as far as was consistent with a candid declaration to him that we considered all of West Florida Westward of the Perdido as clearly ours by the Treaty of April 30, 1803, and that of S'Ildefonso.1 The conversation ended as might be inferred from his letters which followed it on the 7th and 17th inst., of which copies are herewith enclosed, as are also copies of my answer of and of his reply of You will see by this correspondence, On April 10 Madison instructed Pinckney: It is unnecessary to enter into a particular comment on the rude or rather insulting language which the Marquis D'Yrujo did not restrain himself from addressing to the Government of the United States. To speak of an Act of Congress as an "atrocious libel" after acknowledging that he had found it to be their Act; as an insulting usurpation of |