Title: Notes on Debates, [30 December] 1782
From: Madison, James
To:

[30 December 1782]
From Teusday 24 Decr. the journals suffice untill Monday 30 Decr.
A motion was made by Mr. Clarke seconded by Mr. Rutlidge to revise the instructions relative to negociations for peace, with a view to exempt the american Plenipotentiaries from the obligation to conform to the advice of France. This motion was the effect of impressions left by Mr. Jay’s letters & the intercepted one from Marbois. This evidence of separate views in our ally, and the inconsistency of that instruction with our national dignity, were urged in support of the motion. In opposing the motion many considerations were suggested, and the original expediency of submitting the commission for peace to the counsels of France discanted upon. The reasons assigned for this expediency were that at the juncture when that measure took place, the American affairs were in the most deplorable situation, the Southern States being over run & exhausted by the enemy, & the others more inclined to repose after their own fatigues than to exert their resources for the relief of those which were the seat of the war; that the old paper currency had failed, & wth. it public credit itself to such a degree that no new currency could be substituted; & that there was then no prospect of introducing specie for the purpose, our trade being in the most ruinous condition, & the intercourse with the Havanna in particular unopened. In the midst of these distresses, the mediation of the two Imperial Courts was announced. The general idea was that the two most respectable powers of Europe would not interpose without a serious desire of peace, and without the energy requisite to effect it. The hope of peace was therefore mingled with an apprehension that considerable concessions might be exacted from America by the Mediators, as a compensation for the essential one which Britain was to submit to. Congress on a trial found it impossible from the diversity of opinions & interests to define any other claims than those of independence & the alliance. A discretionary power therefore was to be delegated with regard to all other claims. Mr. Adams was the sole minister for peace, he was personally at variance wth. the French Ministry; his judgment had not the confidence of some, and his impartiality in case of an interference of claims espoused by different quarters of the U.S. the confidence of others; a motion to associate with him two colleagues, to wit, Mr. Franklin & Mr. Jay had been disagreed to by Congress; The former of these being interested as one of the Land Companies in territorial claims which had less chance of being made good in any other way, than by a repossession of the vacant country by the British Crown; the latter belonging to a State interested in such arrangements as would deprive the U.S. of the navigation of the Mississippi & turn the wartime trade thro’ N.Y.; and neither of them being connected with the So. States. The idea of having five Ministers taken from the whole union, was not suggested until the measure had been adopted, and communicated to the Chevr. de Luzerne to be forwarded to France, when it was too late to revoke it. It was supposed also that Mr. Laurens then in the tower wd not be out, & Mr. Jefferson wd. not go &. that the greater the no. of Ministers, the greater the danger of discords & indiscretions. It was added that as it was expected that nothing would be yielded by G.B. which was not extorted by the address of France in managing the Mediators, and as it was the intention of Congress that their minister should not oppose a peace recommended by them & approved by France, it was thought good policy to make the declaration to France, & by such a mark of confidence to render her friendship the more responsible for the issue. At the worst it could only be considered as a sacrifice of our pride to our interest.
These considerations still justified the original measure in the view of the members who were present & voted for it. All the new members who had not participated in the impressions which dictated it and viewed the subject only under circumstances of an opposite nature disapproved it. In general however the latter joined with the former in opposing the motion of Mr Clarke arguing with them that supposing the instruction to be wrong, it was less dishonorable, than the instability tht wd. be denoted by rescinding it; that if G.B. was disposed to give us what we claimed, France could not prevent it; that if G.B. struggled agst. those claims our only chance of getting them was thro’ the aid of France; that to withdraw our confidence would lessen the chance & degree of this aid; that if we were in a prosperous or safe condition compared with that in which we adopted the expedient in question, this change had been effected by the friendly succours of our ally, & that to take advantage of it to loosen the tie, would not only bring on us the reproach of ingratitude but induce France to believe that she had no hold on our affections but only in our necessities; that in all possible situations we sd. be more in danger of being seduced by G.B. than of being sacrificed by France; the interests of the latter in the main necessarily coinciding with ours; those of the former being diametrically opposed to them. That as to the intercepted letter, there were many reasons which indicated that it came through the hands of the Enemy to Mr. Jay that it ought therefore to be regarded[,] even if genuine, as communicated for insidious purposes; but that the[re] was strong reason to suspect that it had been adulterated if not forged; and that on the worst supposition, it did not appear that the doctrines maintained or the measures recommended in it had been adopted by the French Ministry and consequently that they ought not to be held responsible for them.
Upon these considerations it was proposed by Mr. Wolcott 2ded. by Mr. Hamilton that the motion of Mr. Clarke should be postponed, which took place without a vote. Mr. Madison moved that the letter from Docr. Franklin of the 14 Ocr. 1782 shd. be referred to a Committee with a view of bringing into consideration the preliminary article proposing that British subjects & American Citizens sd. reciprocally have in matters of commerce the privileges of natives of the other party; and of giving to the American Ministers the instruction which ensued on that subject. This motion succeeded and the Committee appointed consisted of Mr. Madison, Mr. Rutlidge, Mr. Clarke, Mr. Hamilton, & Mr. Osgood.
The contract of Gel. Wayne was confirmed with great reluctance; being considered as improper with respect to its being made with individuals, as admitting of infinite abuses, as out of his military line, & as founded on a principle that a present commerce with G.B. was favorable to the U.S. a principle reprobated by Congress & all the States. Congress however supposed that these considerations ought to yield to the necessity of supporting the measures which a valuable officer from good motives had taken upon himself.


Title: From James Madison to Edmund Randolph, 30 December 1782
From: Madison, James
To: Randolph, Edmund

My dear Sir
Philada. Decr. 30th. 1782
Your favor of the 13th. instant arrived a few minutes after I sealed my last. That of the 20th came duly to hand yesterday. The sensations excited in Mr. Jones and myself by the Repeal of the law in favor of the Impost were such as you anticipated. Previous to the receipt of your information a letter from Mr. Pendleton to me had suspended the progress of the Deputies of Rhode Island. Yours put an entire stop to the mission, untill the plan or some other can be extended to the case of Virga. The letter from the Govr. of the same date with your last, gives a hope that our representations may regain her support to the Impost, without further steps from Congress. Your doubt as to her power of revoking her accession, would I think have been better founded, if she had not been virtually absolved by the definitive rejection by Rho: Island; altho’ that rejection ought perhaps to have been previously authenticated to her. I beg you to be circumstancial on this subject especially as to the parties and motives which led to the repeal, and may oppose a reconsideration.
Mr. Jefferson arrived here on friday last, and is industriously arming himself for the field of negociation. The commission issued to Mr. Oswald impresses him with a hope that he may have nothing to do on his arrival but join in the celebrations of victory & peace. Congress however anxiously espouse the expediency of his hastening to his destination.
General McDougal, Col. Ogden & Col Brooks arrived yesterday on a mission from the army to Congress. The representations with which they are charged have not yet been handed in but I am told they breathe a proper spirit and are full of good sense. I presume they will furnish new topics in favor of the Impost which alone promises a chance of establishing that credit, by which alone the inadequacy of taxation can be supplied.
The French fleet and army sailed a few days ago from Boston for the West Indies A Storm happened soon after their departure from which it is feared they may have suffered.
The Ship South Carolina procured in Europe for the State after wch. she was called was taken by three British Ships & carried into N. Y. a few days ago. Besides the loss sustained by those interested immediately in her, her fitness for annoying our trade renders the capture a general misfortune.
The Instructions referred to in your last favor relative to a union of Councils with our ally and to confiscated property were not transmitted as you supposed. The first I imagine was intended to guard against any possibility of misconstruing a late incident.
I will comply with your desire as to the extract from Mr. Jefferson’s observations, as soon as possible, perhaps by the next post, but more [prob]ably by the succeeding one.
Mr. Ambler has not yet supplied me with answers to any of the queries. His apology is a satisfactory one, but I wish you to urge & assist his speedy compliance.
The Lawyers, some of them at least have I hear returned from Trenton, from which it is inferred that it only remains for the Court to frame & promulge its decree. My next will probably transmit the tenor of it. You have not I hope forgot your promise of the case agitated so much in Virga. Mr. Pendleton’s state of it has been recd. by Mr. Jones and has increased my curiosity to see yours.


Title: Virginia Delegates to Benjamin Harrison, 31 December 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sr.
Phila: 31st. Decr. 1782
Yesterdays post brought us your Excellencys favor of the 21st. intelligence being received the last week that Virginia had repealed her Law imposing a duty of 5 PCt. on imported articles and prize goods in consequence of the recommendation of Congress on that subject, suspended the journey of a deputation of three Gentlemen from Congress to the State of R. Island to represent to their legislature the evil consequences to be apprehended from their continuing to withhold their assent to a measure so indispensibly necessary to the general welfare, and which had met the approbation of the other States in the Union. we shall be happy to hear that such parts of our Letter upon the subject as your Excellency was pleased to lay before the Assembly may be thought so far to deserve the attention of that honble body as to produce a renewal of the Law in the latitude recommended by Congress, especially as the example of a repeal may be followed by other States, and that evil prevented by such a conduct in Virginia, if not good produced by it in a contrary direction, and will leave Congress at least in possession of the powerfull argument that the measure has been approved by the other States, to urge a compliance on the part of R. Island.
The French fleet and army sailed from Boston a few days ago. The Letters of Marqu[e] were forwarded and must have reached you before this. We have the honor to be
Yr. Excellencys most obed servts.
Jos: JonesJ Madison Jr.


Title: Notes on Debates, 1 January 1783
From: Madison, James
To:

Wednesday Jany. 1st. 1783
The decision of the controversy between Connecticut & Penna. was reported.
The communications, made from the Minister of France, concurred with other circumstances in effacing the impressions made by Mr. Jay’s letter & Marbois’s inclosed. The vote of thanks to Ct. Rochambeau passed with unanimity & cordiality & afforded a fresh proof that the resentment agst. France had greatly subsided.


Title: From James Madison to James Madison, Sr., 1 January 1783
From: Madison, James
To: Madison, James, Sr.

Hond Sir
Jany 1st. 1783
Mr. Fitzpatrick this moment called on me with notice of his having seen you and b[e]ing desired to let me know that you & the family were well. I had the pleasure of hearing the same by Mr. Jefferson who arrived here a few days ago Mr. F. sets out so quickly that I have but barely time to tell you that I am well & to inclose you a bundle of Newspapers, from which you will be able [to] gather all the late news. The negociations for peace are said to be going on under the late Commission to Mr. Oswald which authorises him to treat with Commisrs. from the 13 United States. Mr. Jefferson will depart in a little time, in order to give his aid in case it be in season. The insidiousness & instabil[it]y of the B. cabinet forbid us to be sanguine, especially as the releif of Gibralter was posterior to Oswald’s Commission, and the interests to be adjusted among the belligerent parties are extremely complicated.
I am with great affection yr. dutf. son
J Madison Jr.


Title: Instructions to Benjamin Franklin in re Consuls, [2 January] 1783
From: Madison, James
To:

Editorial Note
In a dispatch of 23 October 1782, Thomas Barclay, consul of the United States in France, informed Congress that the exequatur issued to him by the court of France barred him from appointing vice consuls and consular agents as long as he was consul rather than consul general. He also pointed out that Article III of the proposed consular convention between the United States and France, adopted by Congress on 25 January 1782, “interdicted” the consular appointees “from all traffick or commerce for their own or another’s benefit.” In Barclay’s judgment this restriction would cause merchants in the ports to decline to serve as consuls, even though they were the persons best qualified for appointment (NA: PCC, No. 91, I, 13–15). See also Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds.,
          The Papers of James Madison (6 vols. to date; Chicago,
        1962——)., III, 201, n. 1; JCCWorthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.;
        Washington, 1904–37)., XXII, 48.
On 24 December 1782, upon receiving Barclay’s dispatch, Congress referred it to a committee comprising Thomas FitzSimons (Pa.), Alexander Hamilton (N.Y.), and John Lewis Gervais (S.C.) (NA: PCC, No. 185, III, 50; No. 186, fol. 76). This committee recommended on 2 January 1783 that the proposed consular convention be suspended, that Barclay be commissioned as consul general, that he be empowered to appoint as many vice consuls and consular agents in French ports “as he shall deem necessary,” and that they be permitted to trade as merchants “till Congress shall otherwise direct” (JCCWorthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.;
        Washington, 1904–37)., XXIV, 3). For JM’s purpose in offering the present motion, see JM Notes, 6 Jan. 1783.

[2 January 1783]
That the Minister Plenipo: at the Ct. of Versailles be instructed to propose that the plan of the Convention respecting consular powers may be so varied as to leave the parties at liberty to prohibit or permit to their respective Consuls, the privilege of carrying on commerce on their private accts. and also to propose such other variations as may be consequent thereon.


Title: Notes on Debates, 3 January 1783
From: Madison, James
To:

Friday 3d. Jany.
The vote of thanks to the Minister of France which passed yesterday was repealed in consequence of his havg expressed to the President a desire that no notice might be taken of his conduct as to the point in question & of the latter’s communicating the same to Congress. The temper of Congress here again manifested the transient nature of their irritation agst. France
The motion of Mr. Howel put on the Secret Journal gave Congress a great deal of vexation. This expedient for baffling his scheme of raising a ferment in his state & exposing the foreign transactions was adopted only in the last resort; it being questioned by some whether the articles of confederation warranted it.
The answer to the note of the French Minister passed unanimously & was a further testimony of the abatement of the effects of Mr. Jay’s letter &c.
The proceedings of the Court in the dispute between Cont. & Pa. were after debates as to the meaning of the confederation in directing such proceeding to be lodged among the acts of Congress entered at large on the Journals. It was remarked that the Delegates from Cont. particularly Mr. Dyer were more captious on the occasion than was consistent with a perfect acquiescence in the decree.


Title: To James Madison from Edmund Randolph, 3 January 1783
From: Randolph, Edmund
To: Madison, James

My dear sir
Richmond. Jany. 3. 1783.
The post of yesterday brought your two favors of the 17th. and 24th of decr.
The prospect of softening the states who were at first the most obdurate against the impost of five per cent on imported and captured goods increases the discontent, which the repeal of our law excited in my mind, and which I communicated to you in a former letter. I cannot remember whether I then suggested those reasons, which were said to have accomplished the repeal. But as the enumeration of them is short I will endanger a repetition, by informing you, that the act was considered as a measure but ill concocted, having passed at Stanton, the asylum of the assembly from Tarlton’s horses, that the most striking mark of this ill concoction was the consignment of funds to the disposal of congress, not warranted by the confederation, that altho’ the objections of a present incapacity to enforce the plan of the confederation for raising a continental revenue was perhaps powerful, yet it was better to submit to this evil, than to encourage congress to persist in[?] that scheme of supplying the treasury of the U S, directed by it; and that a revenue, raised by such a duty would render congress, too remote from the controuling influence of separate states. I cannot learn that any question was made upon the power of Virginia to revoke her grant. On the first reflection, I conceived, that she possessed it not. But as the grant was founded on the condition of the concurrence of the other states, as that concurrence was expected in a reasonable time, as Virginia was not to be constantly bound, until negotiations with the opposing states should convert them, even if her own circumstances might change, it would seem as if the positive refusal of R.I. & M. had absolved her from her part of the Engagement. But alas! whether the power of abrogation remained with the assembly or not, to what tribunal will you appeal, if they persist in asserting it? Will you again deputize? If you do, it may be well to defer the election of the members till about April, as the assembly will not sit before May, and those members should be fitted to the probable temper of the new delegates.
Colo. Bland left my house yesterday morning, on the 12th day from which time you may expect him at Philadelphia. He carries with him a list of the acts of the last session. The acts themselves shall be forwarded, as soon as they are published.
I have heard that it appeared from the report of the financier that congress exceeded the two hundred millions which they prescribed as the limit of the paper emissions before that of March 1781. It came from your brother, who attended the last assembly, and astonishes me, being so repugnant to the declaration of congress, and what I supposed to be the fact.
Oswald’s new commission has revived the hope of peace. But on what ground does it rest? On the slippery one of Shelburne’s finess, and precarious hold of office, and the jarring pretensions of the various powers, concerned in the war. Has the relief of Gibraltar given no retrograde motion to S’s affectation of peace? Has the arrival of the Russ[ian] fleet with naval stores added nothing to his expectations from the navy? Or do the exertions of America furnish him with fresh cau[se] of alarm? For my own part, I view peace at a great distance, and will for ever suffocate in my own mind the belief of its approach, until G.B. shall have gone thro’ the quackeries[?] of administration from every faction, and the people themselves refuse further succours.
The rising of the assembly produces a relapse into former barrenness, leaving me nothing to add, than assurances of the warmest friendship.


Title: Benjamin Harrison to Virginia Delegates, 4 January 1783
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
In Council Januy: 4th. 1783
Your favors of the 17th. & 24th. of last Month came to hand by Post one of them was not franked, and of course Postage was demanded on it this was as usual but there were two other packets from General Washington and the Secretary of foreign Affairs that were both franked, and yet Postage was demanded on them, is this a regulation of Congress? if it is, is it right, that States at such a distance who must necessarily correspond with your public Officers should be at so much greater expence than those that are nearer. You have herewith several resolutions of the Assembly which relate to you, one of them respects the Tobacco for which mr. Thomson granted a passport you will find his Letter to mr. Clark has been laid before the Assembly but that it is by no means satisfactory. they granted the Indulgence of exporting 685 hhds: of Tobacco at the request of Congress with great reluctance and to accomodate the financier who had received the Money for it, but this seems to be a private affair between the Secretary and the Shipper in which the public had no Interest, and therefore requires explanation, and the more so as the Manner in which it was done by the agent here seems to justify a suspition that it would not bear examination. I mean not to reflect on your Secretary I know him well and have a very high Opinion of him, yet I fear he has been taken in; if such Things are permitted to be done by the Servants of Congress, how shall we be able to put a Stop to the illicit Trade so much complained off. I have the mortification to send you an Act pass’d the last session of Assembly repealing the former one giving Congress a Duty of five per centum on imported Articles &ca. their reasons for doing it I only know from the preamble, having never heard a word of it till the Bill was laid on my Table after the rising of the Assembly I dread the Consequence of the Measure but it being my province to acquiese in it I shall drop the Subject.
Nathan has agreed to an arbitration of his demands against the State. I shall therefore again trouble you with the papers either by this or the next Post and beg the favor of you to have the Business settled in the Manner formerly proposed, that is of submitting it to Gentlemen of the Law. the Acceptance of the Bills will otherwise be look’d on as binding the State which from what I have heard will not be doing it Justice. I beg the favor of you to send us the Journals of Congress for the Year 1780 which will complete our set.
I am &c.
B. H.


Title: Notes on Debates, 6 January 1783
From: Madison, James
To:

Monday Jany. 6th.
The Memorial from the army was laid before Congress and referred to a grand Committee. This reference was intended as a mark of the important light in which the memorial was viewed.
Mr. Berkley having represented some inconveniencies incident to the plan of a Consular Convention between France & U. S. particularly the restriction of Consuls from trading & his letter having been committed, a report was made proposing that the Convention should for the present be suspended. To this it had been objected that as the convention might already be concluded such a step was improper; and as the end might be obtained by authorising the Minister at Versailles to propose particular alterations that it was unnecessary. By Mr. Madison it had been moved that the report should be postponed to make place for the consideration of an instruction & authority to the sd. Minister for that purpose; and this motion had in consequence been brought before Congress. On this day the business was revived. The sentiments of the members were various, some wishing to suspend such part of the convention only as excluded Consuls from commerce; others thought this exclusion too important to be even suspended; others again thought the whole ought to be suspended during the war; & others lastly contending that the whole ought to be new modelled; the Consuls having too many privileges in some respects, & too little power in others. It was observable that this diversity of opinions prevailed chiefly among the members who had come in since the Convention had been passed in Congress; the members originally present adhering to the views which then governed them. The subject was finally postponed; 8 States only being represented, & 9 being requisite for such a question. Even to have suspended the convention after it had been proposed to the Court of France & possibly acceded to would have been indecent and dishonorable; and at a juncture when G. B. was courting a commercial intimacy, to the probable uneasiness of France, of very mischevous tendency. But experience constantly teaches that new members of a public body do not feel the necessary respect or responsibility for the acts of their predecessors, and that a change of members & of circumstances often proves fatal to consistency and stability of public measures. Some conversation in private by the old members with the most judicious of the new in this instance has abated the fondness of the latter for innovations, and it is even problematical whether they will be again urged.
In the evening of this day the grand Committee met and agreed to meet again the succeeding evening for the purpose of a conference with the Superintendt. of Finance.


Title: From James Madison to Joseph Jones, [ca. 6 January] 1783
From: Madison, James
To: Jones, Joseph

Editorial Note
On 6 January 1783 JM and Joseph Jones, who was unable to attend Congress because of ill health, were the only Virginia delegates in Philadelphia. Probably on that day, JM had Governor Harrison’s dispatch of 28 December 1782 (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds.,
          The Papers of James Madison (6 vols. to date; Chicago,
        1962——)., V, 465), together with his own note of transmittal, taken to Jones. For the latter’s reply, see Jones to JM, 6 Jan. 1783. Since this exchange of notes related to the response which JM would make on behalf of the Virginia delegation to the governor’s communication, JM filed them with the draft copy of his letter of 7 January 1783 to Harrison (q.v.) and in his old age wrote the docket of that letter on the left margin of the page of notes.

[ca. 6 January 1783]
Mr. Jones will please to send back the public letter & Mr. M. will answer it, and the news from Col Monroe if any particularly as to the Impost, also how he finds himself to day


Title: Virginia Delegates to Benjamin Harrison, 7 January 1783
From: Virginia Delegates,Madison, James
To: Harrison, Benjamin

Philada. 7 Jy. 1783.
Your Excy’s favor of the 28 Ult: was duly recd. by yesterday’s mail. The extract from the Journal of Congress herewith inclosed contains the answer to the objections of R. Island agst. the impost recommended by Congress; and which was to have been enforced by a deputation to that State. You have been already informed of the effect which the sudden repeal of the accession of Virga. had on the measure.
Genl. McDougal Col: Brooks of Massachsts. & Col: Ogden of N. Jersey arrived here some days ago, charged with a very solemn representation from the army of the grievances which oppress them. The redress principally urged is an immediate advance of part, & adequate provision for the residue of their arrears. Yr. Excelly will readily conceive the dilemma in which Congress are placed, pressed on one side by justice humanity & the public good to fulfil engagements to which their funds are incompetent, and on [the] other left without even the resource of answering that every thing which could have been done has been done.
The tribunal erected for the controversy between the States of Pa. & Connecticut have unanimously adjudged & reported to Congress that the former has no right to the lands in question, and that the jurisdiction & pre-emption of all the territory lying within the charter boundary of Pena. & claimed by Connecticut, do of right belong to Pennsa.
Another severe relapse has confined Mr. Jones for some days to his room & prevents his being a party to this letter.
J. M.


Title: Notes on Debates, [9–10 January] 1783
From: Madison, James
To:

[9–10 January 1783]
Wednesday Jany. 8–Thursday Jany 9th & Friday Jany 10.
On the report

   this proposed to require the States to value the land and return the valuations to Congress[.] The above to be a marginal note[.]

 for valuing the land conformably to the rule laid down in the fœderal articles, the delegates from Connecticut contended for postponing the subject during the war, alledging the impediments arising from the possession of N.Y. &c. by the enemy; but apprehending (as was supposed) that the flourishing state of Connecticut compared with the Southern States, would render a valuation at this crisis unfavorable to the former. Others particularly Mr. Hamilton & Mr. Madison were of opinion that the rule of the confederation was a chimerical one, since if the intervention of the individual states were employed their interests would give a biass to their judgments or that at least suspicions of such biass wd prevail; and without their intervention, it could not be executed but at an expence, delay & uncertainty which were inadmissable; that it would perhaps be therefore preferable to represent these difficulties to the States & recommend an exchange of this rule of dividing the public burdens for one more simple easy & equal. The Delegates from S. Carolina generally & particularly Mr. Rutlidge advocated the propriety of the constitutional rule & of an adherence to it, and of the safety of the mode in question arising from the honor of the State. The debates on the subject were interrupted by a letter from the Superintendant of Finance: informing Congress that the situation of his department required that a committee sd. be appointed with power to advise him on the steps proper to be taken; and suggesting an appointmt. of one consisting of a member from each State, with authority to give their advice on the subject. This expedient was objected to as improper, since Congress wd. thereby delegate an incommunicable power, perhaps, and would at any rate lend a sanction to a measure without even knowing what it was; not to mention the distrust which it manifested of their own prudence & fidelity. It was at length proposed & agreed to, that a special committee consisting of Mr. Rutlidge Mr. Osgood & Madison should confer with the Superintendt of Finance on the subject of his letter and make report to Congress. After the adjournment of Congress this Committee conferred with the Superintendt who after being apprized of the difficulties which had arisen in Congress, stated to them that the last acct. of our money affairs in Europe shewed that contrary to his expectation and estimates there was 3½ Million of livres short of the bills actually drawn, that further draughts were indispensable to prevent a stop to the public service; that to make good this deficiency there was only the further success of Mr. Adams’ loan, and the friendship of France to depend on, that it was necessary for him to decide on the expediency of his staking the public credit on these contingent funds by further draughts, and that in making this decision he wished for the sanction of a Committee of Congress; that this sanction was preferable to that of Congress itself only as it wd. confide the risk attending bills drawn on such funds to a smaller number, and as secrecy was essential in the operation as well to guard our affairs in general from injury, as the credit of the bills in question from debasement. It was supposed both by the Superntendt & the Committee that there was in fact little danger of bills drawn on France on the credit of the loan of 4 Million of dollars, applied for, being dishonored; since if the negociations on foot were to terminate in peace, France would prefer an advance in our favor to exposing us to the necessity of resorting to G. B. for it; and that if the war sd. continue the necessity of such an aid to its prosecution would prevail. The result was that the Committee should make such report as would bring the matter before Congress under an injunction of secrecy, and produce a resolution authorising the Superintdt. to draw bills as the public service might require on the credit of applications for loans in Europe. The report of the Committee to this effect was the next day accordingly made & adopted unanimously. Mr. Dyer alone at first opposed it, as an unwarrantable & dishonorable presumption on the ability & disposition of France; Being answered however that without such a step, or some other expedt. which neither he nor any other had suggested, our credit would be stabbed abroad and the public service wrecked at home; and that however mortifying it might be to commit our credit, our faith & our honor to the mercy of a foreign nation, it was a mortification wch. cd. not be avoided without endangering our very existence; he acquiesed and the resol: was entered unanimously. The circumstance of unanimity was thought of consequence, as it wd. evince the more the necessity of the succor and induce France the more readily to yield it. on this occasion several members were struck with the impropriety of the late attempt to withdraw from France the trust confided to her over the terms of peace when we were under the necessity of giving so decisive a proof of our dependance upon her. It was also adverted to in private conversation as a great unhappiness that during negociations for peace, when an appearance of vigor & resource were so desirable, such a proof of our poverty & imbecility could not be avoided.

   See Jany. 13. last page & insert here what is there as of Friday 10th[.]

The conduct of Mr. Howel &c. had led several & particularly Mr. Peters into an opinion that some further rule & security ought to be provided for concealing matters of a secret nature. On the motion of Mr. Peters a committee composed of himself Mr. Williamson &c. was appointed to make report on the subject. On this day the report was made. It proposed that members of Congress should each subscribe an instrument pledging their faith & honor not to disclose certain enumerated matters.
The enumeration being very indistinct and objectionable, and a written engagement being held insufficient with those who without it wd. violate prudence or honor, as well as marking a general distrust of the prudence & honor of Congress, the report was generally disrelished; and after some debate in which it was faintly supported by Mr. Williamson, the committee asked & obtained leave to withdraw it.

A discussion of the report on the mode of valuing the lands was revived. It consisted chiefly of a repetition of the former debates.
In the evening according to appt. on teusday last, the grand Committee met, as did the Superintendt. of Finance. The chairman Mr. Wolcot informed the committee that Cols. Ogden & Brooks two of the deputies from the army had given him notice that Genl. McDougal the first of the deputation was so indisposed with a rheumatism as to be unable to attend, and expressed a desire that the Committee would adjourn to his lodging at the Indian queen tavern the deputies being very anxious to finish their business, among other reasons, on acct. of the scarcity of money with them. At first the Committee seemed disposed to comply; but it being suggested that such an adjournmt. by a Committee of a member from each State, would be derogatory from the respect due to themselves, especially as the Mission from the army was not within the ordinary course of duty, the idea was dropped. In lieu of it they adjourned to monday evening next, on the ostensible reasons of the extreme badness of the weather which had prevented the attendance of several members.


Title: Report on Conference with Robert Morris, 10 January 1783
From: Madison, James
To:

Friday Jany 10. 1783
The Comee. consisting of Mr Rutlidge Mr Osgood & Mr Madison to whom was referred a letter of 9 Jany 1783 from the Superintendt of finance to confer with him thereon and report thereon, report that they have conferred with the Superintendt. who communicated to them the Subject referred to in his letter under their Promise of Secrecy—untill Congress shall direct them to communicate the same to them; and request the sense of Congress whether the Committee shall now make such communication


Title: Benjamin Harrison to Virginia Delegates, 11 January 1783
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Council Chamber Januy: 11th. 1783.
Your favor of the 31th. of last Month is before me the contents of it were in some Measure answer’d by the last post. Why the Bill laying an impost of 5 pCt. on imported Articles was repealed, is left to conjecture, other than is declared by the preamble, the Assembly had your Letter as you suppose and therefore could not be ignorant of the disagreeable Consequences that would flow from a repeal of the Law. You have enclosed such papers as are necessary respecting the Arbitration with mr: Nathan, I have no other directions to give but to request you to persue the same Methods for having the Matter adjusted as were proposed by Gover. Jefferson. I give you Joy on the long expected event of the evacuation of Charles Town’s taking place you will know the particulars before this reaches you from Major Burnett, who is gone on; will not the going of the french Troops more than counterbalance this? I confess I have my fears it will. Will it not be proper to call on mr: Nathan to swear he paid the full sum mentioned in the Bills in Gold and Silver for them.
I am Gentl. &c.
B. H.


Title: Virginia Delegates to Benjamin Harrison, 14 January 1783
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philada. 14th Jany. 1783.
The post having brought no mail yesterday from Virginia we have not the pleasure of acknowledging by his return any letter from your Excellency.
Congress have not recd. since the last post any official information from Europe. The gazette inclosed contains such as has come from that quarter through other channels.
The evacuation of Charlestown has at length been published from N. York, and no doubt remains of its reality. But no official report of it from Genl. Greene has yet reached us.
The deputies from the army have been heard by a Committee of Congress on the subject of their memorial. Their explanations on the several topics contained in it are deeply affecting: and demonstrate the necessity of every possible effort for their relief. The result of the deliberations of Congress for that purpose will be the subject of a future letter to your Excellency.

We have the honor to be with great respect yr. Excy’s Obt. & hble servts.
Jos: JonesJ. Madison Jr.


Title: From James Madison to Edmund Randolph, 14 January 1783
From: Madison, James
To: Randolph, Edmund

My dear Sir
Philada. Jany 14. 1783
Yesterday’s post having arrived without a mail from Virga. I was disappointed of the pleasure of a letter from you.
All the foreign articles which have come to hand are published in the inclosed gazette of this morning. The evacuation of Charleston is at length reduced to certainty by the publications in the N. York paper and we expect every moment an official report of it from Gl Greene.
The deputies from the army are still here. The explanations which they have given to a Committee on the topics of the Memorial are of the most serious nature. I wish they could with propriety be promulged throughout the U.S. They would I am sure, at least put to shame all those who have laboured to throw a fallacious gloss over our public affairs, and counteracted the measures necessary to the real prosperity of them.
The deliberations of Congress have been turned pretty much of late on the valuation of lands prescribed by the articles of confederation. The difficulties which attend that rule of apportionment seem on near inspection to be in a manner insuperable. The work is too vast to be executed without the intervention of the several States, and if their intervention be employed, all confidence in an impartial execution is at end.

I have not been able to find sufficient leisure for taking the copies which you asked & which I promised. I am the less uneasy at the delay as the conveyance by the post is rendered so precarious by the weather
Docr. Shippen desired me to obtain an answer from you on the case of Mr. Cuthburt, and particularly whether you are likely to recover any thing for him.
Mr. Jefferson has not yet taken his departure. We hope the causes which have prevented it will not continue many days longer.


Title: Notes on Debates, 15 January 1783
From: Madison, James
To:

Wednesday Jany. 15.
A letter dated 19th. December from Genl Greene was recd. notifying the evacuation of Charlstown. It was in the first place referred to the Secy of Congs for publication, excepting the passage which recited the exchange of prisoners, which being contrary to the Resolution of the 16 of Ocr. agst. partial exchanges, was deemed improper for publication. It was in the next place referred to a come. in order that some complimentary report might be made in favor of Genl. Greene & the Southn. army. Docr. Ramsay havg come in after this reference and being uninformed of it, moved that a Committee might be appointed to devise a proper mode of expressing to Genl. Greene the high sense entertained by Congress of his merits & services. In support of his motion he went into lavish praises of Gl. Greene, and threw out the idea of making him a Lieutent. General. His motion being opposed as somewhat singular and unnecessary after the reference of Gl. Greene’s letter, he withdrew it.
A letter was red. from Genl. Washington inclosing a certificate from Mr. Chittenden of Vermont acknowledging the receipt of the communication which Gl Washington had sent him of the proceedings of Congress on the  day of .


Title: Notes on Debates, 16 January 1783
From: Madison, James
To:

Thursday Jany. 16.
Mr. Rutlidge informed Congress that there was reason to apprehend that the train of negociations in Europe had been so misrepresented in the State of S. Carolina as to make it probable that an attempt might be made in the Legislature to repeal the confiscation laws of that State, & even if such attempt sd. fail, the misrepresentations cd. not fail to injure the sale of the property confiscated in that State. In order therefore to frustrate these misrepresentations he moved that the Delegates of S. Carolina might be furnished with an extract from the letter of the 14th. of Ocr. from Docr. Franklin, so far as it informed Congress, “that something had been mentioned to the American Plenipotentiaries relative to the Refugees & to English debts, but not insisted on: it being answered on their part that this was a matter belonging to the individual States and on which Congress cd. enter into no Stipulations.” The motion was 2ded. by Mr. Jarvais & supported by Mr. Ramsay. It was opposed by Mr. Elseworth & Mr. Wolcott as improper, since communication of this intelligence, might encourage the States to extend confiscations to British debts, a circumstance which wd. be dishonorable to the U. S. & might embarrass a treaty of peace. Mr. Fitzimmons expressed the same apprehensions. So did Mr. Ghorum. His Colleague Mr. Osgood was in favr. of the motion. By Mr. Madison the motion was so enlarged and varied as “to leave all the delegates at liberty to communicate the extract to their Constents. in such form & under such cautions as they sd. judge prudent.” The motion so varied was adopted by Mr. Rutlidge & substituted in place of the original one. It was however still opposed by the opponents of the original motion. Mr. Madison observed that as all the States had espoused in some degree the doctrine of confiscations, & as some of them had given instructions to their delegates on the subject, it was the duty of Congress without enquiring into the expediency of Confiscations, to prevent as far as they cd. any measures which might impede that object in negociations for peace, by inducing an opinion that the U. S. were not firm with respect to it; that in this view it was of consequence to prevent the repeal & even the attempt of a repeal of the confiscation law of one of the States, and that if a confidential communication of the extract in question would answer such a purpose, it was improper for Congress to oppose it. on a question the motion was negatived, Congress being much divided thereon. Several of those who were in the negative, were willing that the Delegates of S. Carolina sd. be licenced to transmit to their State what related to the Refugees, omitting what related to British debts and invited Mr. Rutlidge to renew his motion in that qualified form. others suggested the propriety of his contradicting the misrepresations in general with out referring to any official information recd. by Congress. Mr. R. said he wd. think further on the subject, and desired that it might lie over.


Title: To James Madison from the Reverend James Madison, 16 January 1783
From: Madison, James (Reverend)
To: Madison, James

Dear Col.
Jany. 16th. 1783
I recd yesterday your’s of the 24th. Ulto. and am much obliged for the part you have taken in both the affairs mentioned. As the Price is so high, I am not very much disappointed at the Want of Ingredients: As to the Seal, we shall take it very kind of you to forward it as soon as convenient. The Money shall be paid by a Bill without Delay. Opportunities to Richmond probably are much more frequent than to this Place, & will answer nearly as well.
It appears, I think now, that the principal Stumbling Block is removed. The Commission you mention, certainly promises a Solicitude on the Part of Britain, at least, for Negotiation, if it has not in Fact; given up the grand Point for wh. we contend. No Country ever stood more in Need of Peace than this. Virginia, wh. ought by Nature, & wh. a Peace will prove it to be, the most flourishing of the Union, is now almost a sapless Trunk. Our Money continually drained from among us, centers elsewhere, we have not eno’ for common purposes, & even this little is every Day growing less & less. But, I fear, from a Copy of a late Letter wh. is now generally circulated, that Obstacles to Peace will still arise, wh. the unsuspecting did not foresee. The Authority upon wh. it rests, is that of our public Ministers abroad. It’s Contents are now no Secret to the World. They are in the Mouth of every Body, & whether true or not, seem to have excited a general Alarm.
A Question was asked by the Author of the Letter before alluded to, before a Committee of the House, & a large Concourse of Strangers, was asked too of a Member of C. itself, “Do you not know that a Majority of C. are under the Influence of the French Minister?” If this really be the Case, perhaps Peace, and even honle. Peace, will in vain hold out the Olive to America herself. I hope however that you are not under this Influence. If you are, the World does you great Injustice, for you are not even suspected. But it was certainly a curious Question, considering from whence it came & to whom it was directed, & withall the Occasion on wh. it was proposed. You know probably the Circumstances wh. called forth all this Matter allud[ed to] in our Assembly. If you do not, I do not feel myself disposed to enter into a Detail, as I am sure, it wd give you little Satisfact[ion.] It may serve however hereafter for the curious Retailer of historical Affairs to make many sage Reflections upon.
I once more take the Liberty to inclose a Letter in yours. I would not omit answering one recd from Dr Coste, & it appeared the best Channel to forward it to him, as you probably have frequen[t] Communication with the F. Army. I shall not however make a practice of this, nor even now shd not impose[?] it, but that I apprehended, it wd. not otherwise get to him.
Many friends here wish you all Happiness & no one more sincerely than
J.M.
If the Doct has left Ama. the Letter may be burnt—


Title: Notes on Debates, 17 January 1783
From: Madison, James
To:

Friday Jany. 17th.
The Committee on the motion of Mr. Peters of the  day of  relative to a further application for foreign loans, reported that they had conferred with the superintendt. of Finance & concurred in opinion with him, that the applications already on foot were as great as could be made prudently, until proper funds should be established. The latent view of this report was to strengthen the argt. in favr. of such funds, and the report it was agreed should lie on the table to be considered along with the report which might be made on the memorial from the army, & which wd involve the same subject.
The report thanking Gel. Greene for his Services was agreed to without opposition or observation. Several however thought it badly composed, and that some notice ought to have been taken of Majr. Burnet aid to Gl. G. who was the bearer of the letter announcing the evacuation of Charlestown.
Mr. Webster & Mr. Judd agents for the deranged officers of the Massachusetts & Cont. lines were heard by the Gd. Committee, in favr. of their constituents. The sum of their representations was that the sd. officers were equally distressed for, entitled to, & in expectation of provision for fulfilling the rewards stipulated to them, as officers retained in Service


Title: Virginia Delegates to Benjamin Harrison, 21 January 1783
From: Virginia Delegates
To: Harrison, Benjamin

Sir.
Phila: 21st. Janry 1783.
The Post which arrived late yesterday evening brought us your Excellencys letters of the 4th. and 11th. with their several inclosures. we shall loose no time in carrying into execution the intentions of the Executive respecting the settlement with Mr. Nathan and communicate the result to your Excellency. the other matters from the Assembly shall also be duly attended to. we hope it will be convenient for the Treasurer in the begining of next month to furnish us with a supply. very respectfully we are
yr Excellencys obed hum: servts:
James Madison jr.Jos: Jones


Title: Notes on Debates, 22 January 1783
From: Madison, James
To:

Wednesday January 22
Congress adjourned to give the Come. on the Treaty & convention time to prepare a report thereon.


Title: From James Madison to Edmund Randolph, 22 January 1783
From: Madison, James
To: Randolph, Edmund

Dear Sir,
Philadelphia, January 22, 1782[3]
The repeal of the impost act by Virginia is still considered as covered with some degree of mystery. Colonel Bland’s representations do not remove the veil. Indeed, he seems as much astonished at it, and as unable to penetrate it, as any of us. Many have surmised that the enmity of Doctor Lee against Morris is at the bottom of it. But had that been the case, it can scarcely be supposed that the repeal would have passed so quietly. By this time, I presume, you will be able to furnish me with its true history, and I ask the favor of you to do it. Virginia could never have cut off this source of public relief at a more unlucky crisis than when she is protesting her inability to comply with the continental requisitions. She will, I hope, be yet made sensible of the impropriety of the step she has taken, and make amends by a more liberal grant. Congress cannot abandon the plan as long as there is a spark of hope. Nay, other plans on a like principle must be added. Justice, gratitude, our reputation abroad, and our tranquillity at home, require provision for a debt of not less than fifty millions of dollars, and I pronounce that this provision will not be adequately met by separate acts of the States. If there are not revenue laws which operate at the same time through all the States, and are exempt from the control of each—the mutual jealousies which begin already to appear among them will assuredly defraud both our foreign and domestic creditors of their just claims.
The deputies of the army are still here, urging the objects of their mission. Congress are thoroughly impressed with the justice of them, and are disposed to do every thing which depends on them. But what can a Virginia Delegate say to them, whose constituents declare that they are unable to make the necessary contributions, and unwilling to establish funds for obtaining them elsewhere? The valuation of lands is still under consideration.


Title: Report on Treaty and Convention with the Netherlands, [23 January] 1783
From: Madison, James
To:

[23 January 1783]
The Committee consisting of Mr. Madison Mr. Hamilton & Mr. Elseworth to whom were referred the letter of the 8th. of Ocr. 1782 from the Minister Plenipo: at the Hague with copies of a Treaty of Amity & Commerce, and of a convention concerning vessels recaptured, Report, That on a comparison of the former with the instructions given to the said Minister Plenipo: on that subject, they find that no variations have taken place which affect the substance of the plan proposed by Congress. Those which the Committee have thought most worthy of being remarked to Congress are
1st. the clause in Art: 4. which imposes some degree of restraint on the exercise of religious worship:
2dly the clause in Art: 5 which restrains the protection to be afforded by Ships of war of one party to vessels of the other party, to cases in which they shall have a common enemy:
3dly. the tenor of Art: 6. which seems more cautiously to exclude any claims by Citizens or subjects of one of the parties, to the privilege of holding real estates within the jurisdiction of the other party:
4thly. the clause in Art: 10. which provides that no examination of papers shall be demandable in cases of vessels convoyed by Ships of war of either of the parties; but that credence shall be given to the word of the officer conducting the convoy.
5thly. the clause in Art: 12. which extends from 2 to 6 months the period after a declared war between one of the parties & another nation, within which effects of the other party on board the vessels of such nation shall be exempt from confiscation:
6thly. the clause in Art: 18th. which extends from 6 to 9 months and in some contingences still farther, the period after a rupture between the parties themselves, which shall be allowed to their Citizens & subjects respectively to retire with their effects:
Art: 22d. which confines the reservation in favor of the Treaty between his M. C. M. & the U. S. to the 9, 10, 17, & 22d: Articles thereof; which reservation will be in like manner confined with respect to his C. M. in case of his accession to the said Treaty.
On the whole the Committee are of opinion that the Treaty ought to be immediately & fully accepted & ratified, & accordingly report an Act for that purpose
With respect to the Convention entered into by the said Minister concerning vessels recaptured, the Committee are of opinion that although no express authority has been delegated by Congress on that subject, at least if the said Convention is to remain in force after the termination of the present war, yet that the same is adapted to the mutual advantage of the parties, and ought also to be forthwith ratified; an Act for which purpose the[y] accordingly add to their report
Acts of Ratification
The United States of America in Congress Assembled to all who shall see these presents, Greeting.
Whereas by our Commission dated at Philada. the  day of  John Adams formerly a Delegate from Mass: & &c. was nominated and constituted our Minister with full powers on the part of the U. S. of America, to concert & conclude with persons equally empowered on the part of their High Mightinesses the States Genl. of the United Netherlands, a Treaty of Amity & Commerce, having for its basis the most perfect equality and for its object the mutual advantage of the parties; we promising in good faith to ratify whatever should be transacted by virtue of the said commission: And Whereas our said Minister in pursuance of his full powers, at the Hague on the 8th. day of Octobr. 1782, with Geo. Van Randwyk &c &c plenipotentiaries named for that purpose on the part of their High Mightinesses the States Genrl. of the U. Netherlands did conclude & sign on the part of their said high Mightinesses &c. and of the U. S. of America a Treaty of Amity & Commerce in the words following, to wit.
insert the Treaty
Now Be it Known that we the said U. S. of America in Congress Assembled have accepted & approved, & do by these presents ratify & confirm the said Treaty, and every Article & clause thereof; and we do authorise & direct our Minister Plenipo: at the Hague to deliver this our act of ratification in exchange for the ratification of the said Treaty by their H.M. the States Genl. of the U. Netherlands
Done in Congress at Philada. & &c.
In testimony whereof &c.
Whereas J Adams our Minister Py at the Hague on the 8th. day of Octr 1782, with George Van Randwyck &c &c Ministers Plenipo: of the Lords the States Genl. of the United Netherlands, did conclude & sign on the part of the said Lords &c. the States Genl of the Ud Netherlands and of the U.S. of A. a convention concerning vessels recaptured in the words following to wit,
insert the convention
Now Be it known that we the said U.S. of A. in Congress assemb[led] have accepted & approved & do by these presents ratify & confirm the same; and do authorise & direct the Minister Plenipo: of the U.S. at the Hague, to deliver this our Act of Ratification in exchange for the Ratification of the said Convention by the Lords the States Genl. of the U. Netherlands.
Done in Congress &c &c

In Testimony whereof, &c &c.
X
X

The Committee further report & recommend the following Proclamation
By the U.S. in Congress Assembled
A Proclamation
Whereas in pursuance of a Plentipotentiary Commission given on the 29 day of Decr. 1780 to John Adams Esqr. a Treaty of Amity & commerce between their High Mightinesses the States Genl. of the U. Netherlands & and t[he] U. States of Amer: was on the 8th. day of Ocr. 1782 by the said J.A. concluded with Plentipotentiaries named for that purpose by their s[aid] High Mightinesses the States Genl. of the United Netherlands, & Wher[eas] the said Treaty hath been this day approved & ratified by the U.S. in Congress Assembled, as the same is contained in the words following to wit
insert the Treaty from the American Column only
And Whereas a Convention concerning Vessels recaptured was at the place & on the day abovemend. concluded by the said Minister Plenipo: on the part of these U.S. with the said Plenipotentiaries on the part of the said Lords the States General of the United Netherlands; and the same hath been this day approved & ratified by the U.S. in Congress Assembled, as it is contained in the words following, to wit
insert the Convention from the American Column only
Now therefore to the end that the said Treaty & Convention may with all good faith be performed & observed on the part of these U. States All the Citizens & inhabitants thereof, and more especially all Captains & other officers & seamen belonging to any Vessels of war of these U.S. or any of them, or of any private armed vessels commissioned by Congress, are hereby enjoined & required to govern themselves strictly in all things according to the stipulations above recited, And it is
Done in Congress &c.
In Testimony whereof &c.