Title: Changes Suggested in Ordinance on Captures at Sea, [ca. 12 August] 1781
From: Madison, James
To:

Editorial Note
The notes below are directly related to Edmund Randolph’s report of 14 August of “an ordinance ascertaining what captures on water shall be legal” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXI, 861–68). This report stems back, through a series of motions and committee meetings, to JM’s motion of 12 April 1781 on a Court of Appeals (q.v., and especially n. 10). The committee on the establishment of a Court of Appeals in Cases of Capture at Sea was appointed on that date and consisted of Varnum (chairman), Bee, and McKean (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XIX, 375). On 10 May it reported a proposed ordinance which was given a second reading on the following day and thereafter recommitted, as is evidenced in the report of 14 August (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XIX, 496, 497; XXI, 861). Randolph was added to the committee on 18 July (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XX, 764). Seven days later he moved that a committee of three be appointed “to revise the several reports now before Congress which have not been acted upon or finished,” and this led to the appointment of such a committee comprised of himself as chairman, and of Thomas Smith and Roger Sherman (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXI, 788). JM was, therefore, not a member of the committee that drafted the ordinance pursuant to the directive of 18 July.
When JM wrote these notes cannot be certainly established. If they were made before Randolph prepared the report which he submitted to Congress, they probably were meant for his use. If this were the case, they may have led Randolph significantly to alter his first draft (NA: PCC, No. 59, III, 301–4), printed in JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXI, 868–71. If, on the other hand, the notes were taken by JM after Randolph wrote the document laid before Congress on 14 August, they lose most of their significance, except to the slight extent that they include material not found in that paper.
There is no doubt that JM was invited by Randolph to comment upon his first draft. In the left-hand margin of folio 303, JM wrote, “or the fighting under the flag of another nation than that from which the commission is derived.” Randolph accepted this insertion (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXI, 870 n.) to succeed “contrary” in the following sentence, as he had first written it: “The destruction of papers or the possession of double papers by any captured vessel, unless good cause be shewn to the contrary shall be considered as sufficient evidence for condemnation.” By the time the committee laid its report before Congress on 14 August, however, JM’s addition had disappeared and the paragraph had undergone further rephrasing (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXI, 865). In Randolph’s first draft, replete with deletions, interlineations, and marginalia, sometimes so much overlapped as to be difficult to decipher, there may be a few other suggestions by JM, but his handwriting and Randolph’s are too similar to be distinguished with certainty when crowded into a small space.
Since the sequence of roman numerals in JM’s notes, given below, corresponds exactly with those in Randolph’s report of 14 August to Congress and differs from his revised version printed in the journal of 14 September, the notes were almost certainly made at the time that the earlier of these documents was to the fore. The notes do not include the amendments made on 14 August to Randolph’s report; hence they appear to have been prepared before that debate. Because the notes are in the papers of the Continental Congress rather than among JM’s own papers, they probably were tendered by him to the committee. It seems much more likely that he would give to that committee, or to Randolph, suggestions for amending his report before it was presented to Congress than that he would turn over to Randolph a set of notes which mostly summarized what Randolph already had written. Therefore a reasonable conclusion appears to be that these notes were prepared prior to 14 August, when Randolph offered his recommendations to Congress. He also consulted Thomas McKean who, as mentioned above, had been a member of the committee on a Court of Appeals in Cases of Capture.

[ca. 12 August 1781]
Effects subject to Capture & Condemnation
I All ships and other vessels of whatever size or denomination belonging to an Enemy of the U.S. with their rigging apparel and furniture:
II All goods wares and merchandizes belonging to, and found on board a ship or vessel of, such Enemy:
III All contraband goods wares and merchandizes belonging to such Enemy, in whosesoever ship or vessel found and, whithersoever destined:
IV All goods wares and merchandizes found in a hostile bottom, to whomsoever belonging, and whithersoever destined:
V All contraband goods wares and merchandizes to whomsoever belonging, destined to any port or place within the dominion or possession, [or to a fleet at sea or elsewhere] for the use or operations of such Enemy:
VI All vessels, goods wares and merchandizes, taken by virtue of letters of marque or reprisal:
VII All Vessels with their cargoes to whomsoever belonging, destined to any port or place, blocked up by Vessels of war belonging to, in the service of, or co-operating with the U. States (insert besieged & shut up by batteries):
VIII All vessels with their cargoes in the possession of Pirates or Robbers on the high seas:—If they be not claimed within a year & a day. If claimed within that time to be restored, reserving 1/3 for salvage, to the captor. (Salvage to be discretionary)
The following captures shall not be lawful. viz,
I Of Vessels belonging to a foreign nation other than the Enemy although laden with articles belonging to the Enemy; Vessels bound to a blockaded place being always excepted:
II Of property belonging to an Enemy found in bottoms belonging to such foreign nation: Contraband articles being always excepted:
III Of Vessels or other property to whomsoever belonging, under protection of such foreign power:
No Prince nor State, nor subject of either, shall be adjudged an Enemy, until some act of the U. States in Congress Assembled shall be made declaratory thereof: [But if a hostile attack be made prior to such declaratory act by any armed Vessels belonging to such Prince or State or the subjects thereof, being authorized for that purpose, on an Vessel belonging (to) the U.S. or their Citizens, in such case, a capture of the Vessels so attacking, shall be adjudged lawful.]
The goods, wares & merchandizes to be adjudged contraband are the following, to wit.
Such port or place only is to be considered as blocked up, into which no Vessel can enter without evident danger on account of Vessels of war stationed there, or land batteries.


Title: Virginia Delegates to Thomas Nelson, 14 August 1781
From: Virginia Delegates
To: Nelson, Thomas

Sr.
Phila: Augt. 14th. 1781
We have your favor of the 27th. ulto. The Delegates moved in Congress for a resolution to furnish our State with some passports for Vessells to import Salt only from Bermuda and load with Indian Corn and flour in return. the motion meeting opposition was committed and no Report is yet made. We shall hasten this business all we can and use our best endeavours to support it.
The Allied Army under the command of Genl. Washington continues in the Neighbourhood of Dobbs’ Ferry waiting events to commence operations agt. New York. From Spain we have advices of a powerfull armament preparing in that Kingdom for a secret expedition, supposed agt. Minorca, and that it would be in action in the course of the last month. 8000 Troops it is said were to be employed on this occasion. The celebrated Necker, being disgusted and applying for his dismission, it was granted him. whether his retiring from Office may affect the credit of the Nation time will discover. It is to be lamented that any disagreement, at this critical conjuncture which calls for vigorous and united efforts, should appear in the Councils of our good Ally.
It is with reluctance we request your Excellency to press the Agent to send forward supplies for our support. Necessity alone could induce us again to mention it; but we feel for the honor of the State as well as for ourselves upon this occasion, and wish to avoid every mode of supply that may be disagreeable to either. we have the Honor to be Sr. yr. most obedt. Servt.
Jos: Jones.Theok. Bland


Title: From James Madison to Edmund Pendleton, 14 August 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Augst. 14th. 1781
I have your favor of the 6th. inst: before me. The defect of intelligence from your correspondents here must have been removed soon after you wrote, unless a miscarriage befell my letter as well as that of Mr. Jones who wrote the week before by the intercepted mail. Such accidents or sickness will in future I presume alone interrupt our interchange of news which is once more settled into a regular channel.
We were exceedingly disappointed & chagrined to find the movements of the Enemy which had so much occupied the public conjectures terminate in a relanding in Virginia, which has surely had an ample share of their visitations. This event is the more to be lamented, as it seems to indicate either that the combined operations agst. N. Y. are viewed without apprehensions by the Enemy, or that some unexpected succour is on its way to them. The latter is given out at N. York, and even the former is rendered but too probable by the languor with which the States supply the Commander in chief with the necessary means of success.
A Vessel just arrived from Cadiz confirms the agreeable report of the recapture of the fleet bound to England with Rodney’s plunder, by the French. 20 at least if not 24 out of about 30 are certainly secured. The same Vessel also confirms the disagreeable report of the removal of Mr. Necker from his important office. The cause of this unexpected event is not yet unveiled to us Some of those little intrigues which prevail more or less in all Courts and which are often at the bottom of occurrences which are imputed to profound reasons of State, have most probably supplanted him. The remaining article of news by this arrival is that 8 or 10,000 troops with a competent naval force would soon embark at Cadiz on a secret expedition. This fact is sufficiently authenticated to us. Minorca among other places is talked of as the object in contemplation.
A vessel is also just come up from the W. Indies. Her intelligence relates merely to the arrival of the 4 french ships which were at the Havannah, at Hispaniola in order to join the whole fleet which was expected there. As the Hurricane Months were just at hand, it is not improbable that this rendevouz was meant as a preliminary to some extra operation, Whether Europe or elsewhere will be the scene of it, it does not belong to me to say. Mr. Rivington in a late paper tells us that a large number of American Pilots were not long since collected at Rhode Island & carried to the W. Indies, and infers that Degrass meditated a junction with the French Squadron on our Coast. I wish he may guess right although he tells us at the same time that all such designs will be frustrated by the precautions taken on the other side.
The controversy relating to the district called Vermont the inhabitants of which have for several yea[rs] claimed & exercised the jurisdiction of an Independent State is at length put into a train of speedy decision[.] Notwithstanding the objections to such an event, there is no question but they will soon be established into a separate & federal State. A relinquishment made by Massachusetts of her claims, a despair of finally obtaining theirs on the part of N. Y. and N. H. the other claimants, on whom these enterprizing Adventurers were making fresh encroachments, the latent[?] support afforded them by the leading people of the N. E. States in general from which they emigrated, the just ground of apprehension that their rulers were engaging in clandestine negociations with the enemy, & lastly perhaps the jealous policy of some of the little States wch. hope that such a precedent may engender a division of some of the large ones, are the circumstances which will determine the concurrence of Congress in this affair.
With very sincere regard I am Dr. Sir Yr. obt. & humble Ser[vt.]
J. Madison Junr.
Mr. Jones desires me to mention to you that he omitted sending his letter by the last post, and that [you] will therefore only receive it at the time you do this.


Title: To James Madison from David Jameson, 15 August 1781
From: Jameson, David
To: Madison, James

Dr Sir
Richmond Aug. 15. 1781
In my letter by last Post I mentioned to you the very distressed condition of this State. I cannot help repeating the subject, it hangs so heavy on my Mind I can neither speak nor think on any other. Repeated representations have been made of our condition for the last eighteen Months, and of the fatal consequences that must follow the resting the support of the southern War on Virginia alone. The time is approaching fast when I fear the United States must feel the fatal effects of this false policy which has to no purpose been so often mentioned to their Delegates. For more than eighteen Months Georgia & So. Caro. have by the ravages of the Enemy been devested of the means of affording aid, and No. Carolina has done but little. very little has been sent by the middle and none by the Eastern States—on Virginia therefore has the burthen laid. no less than thirty five Millions of pounds has been Emitted from her Treasury since the first of October last, four fifths of which enormous sum has been appropriated to Continental purposes, and beside the money actually disbursed very large supplies of Beef, Pork, Indian Corn, flour, Salt, Horses, & Waggons have been furnished—taken from the people by impress, and much of the value still due by certificates to the individuals. Her Militia except a few short intervals have been in the Field 14 or 15 Months—several considerable parties of them have been in South Carolina. Clothing for the Virginia line has with difficulty been hitherto procured, that can now no longer be obtained, our ports are entirely blocked up, and our paper money will not pass beyond our Northern boundary—indeed it will hardly pass within our own State, the depreciation being now 5 or 600 for one and daily increasing The Southern States are now in better condition than for some time past. if Congress expect they are to be supported it is high time to think of the means[.] Virginia has done her all, and it is much to be feared must herself be aided—Arms, Ammunition, Salt & clothing it is not in her power to obtain while a merciless Enemy is preying on her Vitals, and blocks up her Ports. There is still Beef, Corn, & Flour in those parts of the Country that have not been overun by the Enemy and I hope sufficient to feed the Army employed for our own defence, but they must be obtained by that most disagreeable of all methods—impress. how long the Citizens will submit to this method, so hateful to them is hard to say. And when they reflect that their brethren to the North & East of them have a free & open trade, free from invasion and living in ease, & affluence—and will afford them no assistance; their sufferings become more grevious. Virginia freely contributed when her sister States were in distress—why is she left not only to struggle for her self under many difficulties, but required to bear the burthen of the whole Southern War? Surely some part of the money arising from the Bills drawn on Europe might be sent Southwardly. indeed I see no reason why the Eastern States should not be called on for aid. The Continental Officers & soldiers of the Virga line having been long without ther pay and very clamourous we have advanc’d large sums of Money to them. it has been said Congress have paid the officers and Soldiers of some other States and we have all the reason that Men or a State can have, to have our line paid by them, and the money we have advanced refunded to us. We have advanced money to the Southern officers brot. here from Chas. Town—this will no doubt be immediately returned to us.
The British are still at York & Gloust. the latter they are busy in throwing up Works of defence—at the former the Works are pretty well prepared for them
I am with much esteem Dr Sir Yr obt. hb Ser
David Jameson
To add to our distress in the matter of Clothing, Gen Wayne met with & seized several articles & it is said has converted them to the uses of his own Men when our New recruits are lying out of action for the want of them


Title: Alexander Spotswood to Virginia Delegates, 19 August 1781
From: Spotswood, Alexander
To: Virginia Delegates

Gentlemen
Philadelphia August 19th 1781
My business here is to procure accoutriments For the two Legions now raiseing for the defence of our state, and which I have the honr. to Command and it is with pleasure that I inform you, that when I left Virginia the officers were recruiting rapidly—and I have every reason to believe that both Legions will be compleat before I can possibly Return
By the inclosed certificate you will observe, that the united states is indebted to Mr. Edward Simpson £1003 .. 9 .. 6 Specie, which sum his Excellency Gr. Nelson has pledged his word to pay Mr Simpson, provided he woud give me an order for the above sum due him from the states, to enable me to procure such accoutriments as was necessary for the equipment of the Legions, (and without which they cannot possibly Take the Field). this Mr. Simpson agreed to as will appear at the bottom of the certificate.

You no doubt are well acquainted with The Strength of the Marquisses army—as well as the situation of our Country—Cut to pieces by five large navigable rivers, and of course out of the power of that great officer (with his present Force) to do more than prevent the enemy penetrating into the heart of our Country, until he is reinforced, so as to enable him to detatch from his main body & in order to put it in my power to Join him with the Legions, I must beg that this letter with the Certificate may be laid before yr: Ho. Body, and that you will as quick as possible honr. me with an answer.
From the certificate, it does not appear that the money is to be appropriated for the use of the publick[.] shoud any doubts arise on this head I do declare on my most sacred honr., that every shilling is to be Laid out in procuring such accoutriments as the Legions will want, and which I have put i[n] a train of Forwardness at Baltimore, on a supposition that I shd. most certainly receive this money.
I am yrs. with Sentiments of respect & Esteem yr mt. Obt Sert
Alexr Spotswood


Title: Motion on Exchange of Prisoners of War, [22 August] 1781
From: Madison, James
To:

[22 August 1781]
On motion of Mr. [James] Madison, seconded by Mr. [Edmund] Randolph,
Resolved, That in case General Burgoyne shall have been exchanged for the honble Henry Laurens, credit shall be given for the officers which may be received for him in the general exchange, authorised by the resolution of the 21st.


Title: To James Madison from Edmund Pendleton, 27 August 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Edmundsbury, Augt 27th 1781
Finding on my return from a Visit yr kind favr of the 14th with one from Mr Jones of the 7th & not recollecting which I wrote to last, I determined to pay my respects to both by this Post, without expecting an Answer but in the ordinary rotation.
We had begun to Flatter ourselves with a quiet fall from the departure of the British troops when we heard of their embarkation, but it has vanished upon their relanding & shewing their purpose of taking a stable post at York & Gloucester Towns. Whether this extraordinary Maneuvre was intended to deceive the Marquis into some security which might give them an Advantage, or that they really had a purpose of going elsewhere, which was changed by circumstances, must be left to mere conjecture until they or time shall discover their Secrets, their stay however must prove either that they think neither N. York or Charles Town want their Assistance, or that they would pursue their prospects here at the risque of those. what I know of their & our situation I have mentioned to Mr Jones, but doubt not you have better Accounts of it from camp.
The Recapture of the Fleet conveying the Statia Plunder, is a very agreeable piece of Intelligence, I am sorry it was accompanied by one of a very different aspect, the removal of Mr Necker, whose distinguished abilities & Integrity in discharging the most important Office in his Nation have been celebrated even by its enemies. However men are frail, & all courts have intrigues, and from one or both of those sources was his fall derived.
We have been so often disappointed in accounts of Fleets coming to America, that I have learn’d to pay little Attention to any report of that kind, otherwise I should think the Ships at Hispaniola might make a safe & useful excursion to the American Coast during the hurricane Months, should they do so, they will be welcome Guests however unexpected.
The separation & Independence of the people of Vermont is a very serious and unlucky affair, which I wish there had not been Occasion for Congress to decide on. The people had great reason to complain of Injustice, from which they appeared to have no prospect of relief, but in a Separation from that State of New York, whose Government had done them the Injury; and yet to divide a state at the request of some members of it, against the will of a Majority, or indeed admitting a Power in Congress to divide at all, will establish a precedent, that may prove the Source of much Mischief at some future period: This business, like Agrarian Laws which please the poor & chagrin the Rich, will probably be pleasing to the small States and disgusting to the large, & so produce dissentions amongst Us. however as it is ever good policy when evils are inevitable to choose the lesser, these Objections may be greatly over weighed by those inconveniences which would attend the Rejection of their Petition, and may justifie Congress in the step they take. A case like this may never happen again, yet Precedents, of Power especially, are of such a ductile nature, as to be extended to any purpose a Majority shall Wish. I suppose Our friend Ethan will be one of the first Vermont Members.
The brave Genl. Campbell of our Militia who commanded at King’s Mountain, came ill from our Camp & died last Wednesday in Hanover, much lamented as a Valuable Officer & man; Morgan is also gone home sick. I am with very great regard
Dr Sr Yr Affe & obt Servt
Edmd Pendleton


Title: Virginia Delegates to Thomas Nelson, 28 August 1781
From: Virginia Delegates
To: Nelson, Thomas

Sir,
Philada. Augst. 28th. 1781
We were yesterday favored with your Excellency’s two letters of the 10th. & 17th. instant. Our plan of writing weekly by the post has we assure you been in no instance departed from.
As soon as a State of your advances to the prisoners brought from Charlestown arrives we shall endeavour to obtain a reimbursement of them. At the same time it is incumbent on us to apprize you that the present condition of the public Treasury, & the pretensions of almost every state to exertions & contributions beyond its just proportion which would warrant similar applications, forbid much reliance on our success. The force of these obstacles has just been experienced in the impracticability of obtaining for General Spotswood a small sum assigned over to him by a Citizen of Virginia to whom it was due from the United States. The danger of increasing the importunities and discontent of the public Creditors by such a precedent, and the appropriation of every fund to the essential purposes of the Campaign from which it is surmized relief must eventually accrue to Virginia, prevailed over every consideration drawn from the justice of the demand & the use to which it was destined. So uncertain indeed must be the reimbursement of all advances made for the U. States whilst our means continue so inadequate to the general expenditures, that the State will be justified in declining them in every instance where humanity & the most essential objects will admit. To prevent however as far as possible objections to repayment in cases where they cannot be avoided, we request the attention of Your Excellency to the keeping us well informed of the compliance of Virginia with the several requisitions of Congress, & of all such extraordinary supplies as may from time to time be derived from her.
All that we can answer on the subject of cloathing for the Soldiers is that due attention will be given to the equitable share which Virginia is entitled to out of the general supplies procured for the U. States. The capture of a very large Ship, the Marquis la fayette freighted with almost the whole of our expectations for the present year renders this resource for the present very deficient. About three thousands suits which arrived some time ago at Boston from Spain, with the unspecified contents of a Vessel just arrived at the same place from France constitute the principal Stock on hand. The additions to be made to it will depend on the generosity of our Ally & the chances of the Sea.
By a French Frigate which came with the Vessel last mentioned, & which brings a supply of money & other Articles to the French Armaments, we understand that the Brest fleet commanded by the Count de Guichen sailed on the 23d. of June in order to make a junction with that of Spain, and that the French Squadron composed of five Ships of the line destined to the East Indies had fallen with the British Squadron under Commodore Johnstone, of the same number of Ships of the line, & the same distination, off the Cape Verd Islands, that the latter had been obliged after a severe combat, to seek shelter under a Portuguese fort on the coast of Africa; & that four of its Convoy had been taken by the former.
A communication of every thing relating to the operations of the main army, and which can properly be entrusted to the channel of the post, makes a part of our plan of correspondence; and if little has been hitherto said on that head, it was, because little has taken place that required it. At present the movements of the Army indicate designs of material consequence, but as we have no doubt that wheresoever a disclosure of them can be useful it will be made through a military channel, we shall readily be excused in passing them over.
We are assured from the proper quarter that no more of the Arms sent to the Southward have been charged to the State of Virginia than were allotted to be her own property.

Twelve blank commissions with instructions &c. for armed Vessels were sent on the 15th. instt. by Express from the Secretary’s office which we hope will for the present be sufficient.
We have the honor to be with sentiments of the highest esteem & respect Yr. Excelly’s Obt. & humble servants
x Jos: Jones.J. Madison Junr.Theok: BlandEdm: Randolph.


Title: From James Madison to Edmund Pendleton, 3 September 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Sepr. 3d. 81.
I am favored with yours of the 27th. ultimo. This letter will be the most agreeable of any I have long had the pleasure of writing. I begin with informing you that the Commander in chief and the Ct. Rochambeau, the former with a part of the American Army, and the latter with the whole of the French are thus far on their way for the Southern Department. The American troops passed through the Town yesterday. The first division of the French today. The 2d will pass tomorrow. Nothing can exceed the appearance of this specimen which our ally has sent us of his army, whether we regard the figure of the men or the exactness of their discipline.
Yesterday also arrived from his Special Mission to the Court of France Col. John Laurens. Although his success has not been fully commensurate to our wishes, he has brought with him very substantial proofs of the determination of that Court to support us. Besides a considerable quantity of Cloathing, & other valuable articles, there are upwards of 16,000 Stand of Arms. It is rather unlucky that they found it expedient to put into Boston instead of this place from whence the distribution of them would have been so much more easy.
I wish I could have concluded the intelligence without adding that Admiral Hood with 13 Sail of the line from the West Indies lately arrived at New York and after being joined by Greaves with 8 Ships put again immediately to sea. The French squadron under de Barras had previously sailed from New Port. as the expected arrival of de Grasse from the W. Indies could not be unknown to Hood, there is li[ttle] doubt that his activity is directed against the Junction of the two F. fleets. Not a word as yet of the Congress at Vienna. I hope the issue of this campaign will compel England to a more active concurrence in the pacification, than she could be expected [to] give whilst the ideas of the American Secretary prevailed in her Councils.
I am Dr. Sir Yrs. sincerely
J. Madison Junr.


Title: Virginia Delegates to Thomas Nelson, 4 September 1781
From: Virginia Delegates
To: Nelson, Thomas

Sir,
Philadelphia Sepr. 4th: 1781
Yesterday’s post brought us no letter from your Excellency.
We have the pleasure to inform you that General Washington with a part of the American army, and the Count de Rochambeau with the whole of the French are thus far on their way to Virginia. The American troops passed through the Town on sunday, the first division of the French yesterday & the second will follow them tomorrow. The fine appearance they make as men, the perfection of their discipline as soldiers, and the zealous attachment they manifest to the Allies of their Soverign authorize the highest expectations from their services in the field.
Since our last we have been informed that Admiral Hood with 13 Sail of the line from the W. Indies has been at New York and after annexing to them the 8 Ships which were commanded by Greaves, immediately put again to sea. As the squadron under Admiral de Barras had previously sailed from N. Port & Hood could not be ignorant of the expected arrival of the Count de Grasse on our Coast there is little doubt that his activity is directed against the meditated junction.
Yesterday returned to this place Col. John Laurens from his special Mission to the Court of France. Although his success has not fully corresponded with our wishes, he has brought with him very substantial proofs of the friendship & generosity of our Ally of which we shall at present mention only a considerable quantity of Cloathing, powder, & upwards of 13,000 Stand of arms exclusive of about 3000 arrived in the Vessel mentioned in our last. It has unluckily happened that these supplies have all been carried into Boston. Prudential considerations would not admit of their attempting this port from whence the distribution of them would have been so much more convenient[.]
We shall be obliged to your Excellency to have a copy of The Treaty between Col. Christia[n] & the Cherokees in 1775, made out & sent us by the Clerk of the House of Delegates.
We have the honor to be with the highest respect & esteem Yr. Excellency’s obt. & hble servants
Jos: Jones.J. Madison Junr.Theok: Bland


Title: To James Madison from Edmund Pendleton, 10 September 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga. Septr. 10, 1781
Very little important hath happened here, at least that has come to my knowledge, since the great event of the safe Arrival of the Fleet & Army of our good Ally in Chesapeake. It was supposed that Earl Cornwallis would, on their Arrival, have endeavoured to effect an escape to the Southward of James River; But whether the precautions taken by the Marquis to prevent him, or his confidence in his own Strength, or in being timely reinforced, influenced his stay, I know not, but so it is that he must now abide his fate at York Town, the French troops having landed at James Town & join’d the Marquis, so as to cut off his passage out of that neck so long as he is deprived of the dominion o’er the Waters; and tho’ he might cross his Army over into Gloucester, where we have a body of Militia, he could not that way expect to escape since tho’ they are not strong enough to oppose his Army in the field, they might harrass their March, until a sufficient force could get above them & take them in that Neck, but this I think they will not attempt, since by such a step they would immediately Sacrifise all their Vessels, which at present lie up York River above the Town.
I hear that a party of Militia a few nights agoe, took a small Picquet & 8 light horsemen between Williamsburg & York, since which it is said they have called in all their Picquets—& keep their swarm of Negroes busily employed in intrenching & Fortifying, I suppose they have gleaned all the provisions in that Neck; In Gloucester Our Militia have removed most of the Stock, & disrobe’d the Mills in their Neighbourhood, so that they will draw little supplies from thence, & I think can’t have any considerable stock, deserters say they are provided for six weeks only. We hear a large number of men are coming hither from the Northern Army. Our Mills are impressd to grind for them & our Allies, but a remarkable drought render most of them in these parts useless. We have Accounts from the Southward, that General Green’s Army was moving towards the Enemy on the 18th past, which if true, indicates an increase of his strength, or diminution of that of the Enemy, since on the 10th his army was only thought able to Act on the defensive. We expect here to have a busy Autumn, supposing this is to become the Seat of War since the Commander in Chief is to honour us with his presence; we are daily in expectation of his Arrival by land, tho’ we are told the Troops come by water down the Bay; I hope they will not [meet] with such a disappointment as the Marquis & his troops experienced in that voiage, tho’ we are told that the Enemy give out that a superior Fleet will soon drive off the French. Of such a Fleet at New York, we have various Accounts, some say they are 29 sail of the line, others 23 only, if the former, & they can all venture to leave that Station, I judge that the prior possession our friends have of the Bay, would quiet their apprehensions of danger from an Attack; But can they venture to draw all their Fleet from New York & leave the French Fleet behind them at Rhode Island? I think upon the whole that we must have this Army, which will go a good way towards destroying their American force, & give Us peace.
The French have Ld Rawdon, two Colonels & some other british officers taken on their passage from Charles Town to London. I am
Dr Sir Yr Affe & Obt Servt.
Edmd. Pendleton


Title: Virginia Delegates to Thomas Nelson, 11 September 1781
From: Virginia Delegates
To: Nelson, Thomas

Sir
Philada. Sepr. 11th. 1781.
Another post has arrived without our being favored with a line from your Excellency.
A letter has been received by the President of this State from Governor Livingston containing intelligence that General Clinton is preparing to embark a large body of troops at N. York which is to be landed in the Jerseys and to penetrate Southwardly in order to controul the reinforcements going to Virginia. The posture of opposition which we hope will be taken by this State and that of N Jersey, with the force under Genl. Heath on the North River which will be in the rear of such a movement render it very little formidable
We have had no information since our last either of the British fleet under Admirals Graves & Hood, or of that of the French under Admiral de Barras.
With sentiments of the highest esteem & respect We have the honor to be Yr. Excellency’s Most Obedt. & humble servants
Jos: Jones.J Madison JunrTheok: BlandEdm: Randolph


Title: To James Madison from David Jameson, 15 September 1781
From: Jameson, David
To: Madison, James

Dr. Sir
Richmond Sep 15. 1781
I was not favoured with any letter from you by this weeks post. In my letter by last Post I gave you reason to suppose Gen. Washington was in Virga. A man from Fredsbg assured me just as I was closing my letter, that the Genl. had crossed Potowmack. I am truly sorry for the mistake. The Governor is at Camp—the Delegates Lr to him I recd., and am much pleased to find Col Laurens is arrd. with the Clothing Arms &c. It is unlucky the Vessels did not come further South.

   I hope we shall have part of the Clothing for the Virga line, they are very bare[?] & we have it not in our power to do much for them

 The Clerk of the House of Delegates is not yet come to Town, as soon as he does, I will apply to him for the Indian treaty you desire. I inclose you the acts of the last Session of Assembly. I cannot get from Mr Harrison the payMaster, A list of the S. Caro. officers & the Sums advanced them from our Treasury Is it not high time Congress should reimburse the large Sums expended by this State on Accot. of the ceded Lands—Claims for considerable sums are now demanded which Mr Pollock says he advanced, and wch. we are quite unable to pay. A Mr. Clarke Mr Pollocks agent in Phila. presses for payment. I have advised Mr Ross to write to the Delegates on the occasion.
It is not in my power to give you a partr. accot. of the engagement between the French & British Fleets off our Capes last week—perhaps you may obtain this accot from the french Minister It is reported that some british transports were sent in two days ago. I wrote you in my last that neither of the printers had paper enough to publish a Gazette I am with great esteem
dr Sir Yr obedt hb Ser
David Jameson


Title: Virginia Delegates to Thomas Nelson, 18 September 1781
From: Virginia Delegates
To: Nelson, Thomas

Sr.
Philadelphia Septr. 18th 1781
We have been honord with Yr. Excellency’s favor of the 2d. Inst: with its enclosures by Post.

We with great Sincerity return Congratulations to your Excellency and our Country on the happy event of the Arrival of so large a reinforcement to our aid, and felicitate them on the Pleasing prospect of Complete Success—not doubting but that the Ardor of our Countrymen on this occasion to cooperate with our Allies, will equal Generous efforts to relieve us. We are informed that our Army on the North River is daily increasing by large accessions of recruits from the Eastern States, and is now in a very respectable Situation as to Numbers; Sufficiently so we hope to keep the Enemy in New York in Cheque notwithstanding the powerfull reinforcement which has marchd to the Southward with the Commander in Cheif, however, from the Enemy’s Possessing the Command of the Water in that Quarter we are Sorry to inform you it has not been in the power of our Army to prevent them from sending a Considerable detachment to New London in Connecticut, where Mr. Arnold, who Commanded, Landed and attackd a fort Garrisond by about two hundred & fifty men, which, (after a Severe Conflict in which he was twice repulsed) he carried, and put the Greatest part of the Garrison to the Sword; his loss is estimated at near two Hundred men killd wounded &.c. After seting fire to the Towns of New London and Groton which were in a great measure consumed he reimbarked, and tis said is returnd to New York. We are also Sorry to Inform you that the frigate of our Ally (the Magicienne), in going out of the Harbour of Boston with a Convoy of American Vessels was attacked by a Superior force of the Enemy and taken after an obstinate and Gallant defense, in which she gave time to her Convoy to escape. By the best accounts we have from N York—the Enemy are preparing an Embarkation of troops—whose destination it is supposed will depend much on the Success of the operations of their fleet to the Southward—tho, some are of opinion that they mean to extend their burning Plan to this City. A large Body of Militia from this State and Jersey are orderd to hold themselves in readiness to oppose such an attempt shd. it be undertaken. We have reports that a Squadron of Men of War under the Command of Ad: Digby is arrived on this Coast. the report seems Probable but wants Confirmation. it is supposed to consist of not less than Six and not more than ten Ships of the line. tis said he is to take the Command of the whole fleet on his arrival. By some intercepted letters we find there are great discontents in New York at Sr. Henry Clintons Conduct—that they are much distressed for want of Men—giving Six Guineas bounty for Men for three Months—that Arnold has been greatly disappointed in raising his Legion which after all his promises and efforts amounts at present to little more than forty Men the chief of them officers, and that even that number is daily diminishing. they seem to expect he will be laid aside. Mr. Finnies letters shall be handed to Col: Petit, and every exertion in our power used to procure him and the State redress; But in order to ensure Success in this attempt, we cannot too strongly inculcate the necessity of the accounts of the state and of his department being adjusted, and sent on to the office of Finance for Settlement—for without such an adjustment and a Balance appearing due to the State, we concieve it absolutely impracticable to bring Congress to assent to an advance on any consideration having heretofore used our Utmost efforts in Vain for that Purpose. we have a report that a fleet of Six French and Six Dutch Ships of the line with a Considerable Body of Land Forces is arrived in the W Indies, but of this there is yet no certainty. We Cannot refrain from informing Your Excellency that altho An Agent is appointed to furnish the delegates with money & we have been long in expectation of remittances of Specific Articles to fix a permanent Credit for us here yet we see little prospect of its being accomplishd soon, and in the meantime it is with Infinite difficulty we have been able to procure the means of Subsistence for ourselves and families which [w]e have been constraind to do by borrowing small [sums?] on our personal Credit—or by Bills drawn at lon[g term?] by the agent in our favor which cannot be discounted at less disadvantage to the State than from 12½ to 20 P Ct. this we cannot help thinking a ruinous and disgracefull mode of obtaining money—of which it is our duty to advertize your excellency in hopes that a less ruinous, more honorable and certain expedient may be adopted and that we shall stand excused with our Country for the enhanced expences which such an enormous discount subjects it to.
we are with great respect Yr. Excellys. most obedt. & very H:Sets
Jos: Jones.J Madison Junr.Theok. BlandEdmund Randolph.
The Parchment Mr. Beckeley wrote for may be obtained had we funds for so doing


Title: From James Madison to Edmund Pendleton, 18 September 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Sepr. 18th. 1781
I was yesterday favored with yours of the 10th. instant. The various reports arrived of late from Chesapeake prepared us for a confirmation from our correspondents of a fortunate rencontre between the 2 fleets. A continuation of these reports although unsupported by any authentic evidence still keeps up the public anxiety. We have not heard a word of de Barras. The arrival of Digby is far from being certain, and the circulating reports have reduced his force to six ships of the line. The preparations at New York for some movement are pretty well attested. The conjectures of many are directing it against this City, as the most practicable & important object within the reach of Clinton. The successful blow struck by the parricide Arnold against the Town of New London is described as far as the particulars are known here in the inclosed gazettes There have been several arrivals of late from Europe with very little intelligence of any kind & with none from official sources. It all relates to the junction of the French & Spanish fleets, for the purpose of renewing the investiture of Gibralter, and enterprising something against Minorca. Thus the selfish projects of Spain not only withholds from us the co-operation [of their] armaments, but diverts in part that of our Allies, & yet we are to reward her with a cession of what constitutes the value of the finest part of America.
Genl. Washington & the Ct. de Rochambeau with the forces under them have I presume by this time got wi[th]in Virginia. This revolution in our military plan can not fail to produce great advantages to the Southern department and particularly to Virginia, even if the immedia[te] object of it should be unexpectedly frustrated. The presence of the Commander in chief with the proportion of our force which will always attend him, will better protect the Country against the depredations of the Enemy[,] although he should be followed by troops from N. Y. which wd. otherwise remain there, than it has hitherto been, will leave the Militia more at leisure to pursue their occupations at the same time that the demands of their Armies will afford a sure market for the surplus provisions of the Country, will diffuse among them a share of the gold & silver of our Ally & I may now say of our own of wch. their Northern Brethren have hitherto had a monopoly which will be peculiarly grateful to them after having been so long gorged with depreciating paper; and as we may suppose that the Ships of our Ally allotted for our service will so long as his troops remain in the S. States be kept in Chesapeak, it will revive the trade thro’ that channel, reduce the price of imported necessaries & raise the staple of the Country once more to its proper value.
I am Dr. Sir your sincere friend & obt. Servt.
J. Madison Junr.


Title: Expense Account as Delegate in Congress, 20 September 1781
From: Madison, James
To:

From June 20th. to Sepr. 20 1781.

1781

Pena. Cury

July 10
To bills drawn on Mr. R. Morris in my favor by G: Nicholson Agent for Mr. Ross
Pennsa. Currency £100.- -

By balance June 20th.
£  -  -  -

Sepr. 20
By Board & Lodging including Liqrs. &C. from June 20
£83-7- -

By Expence of 2 Horses
 21 - -

By Washing
  6

By allowance for 92 days at——per day


Title: Notes from Congress’ Secret Journal on Instructions to Peace Commissioners, [21 September] 1781
From: Madison, James
To:

[21 September 1781]
Sepr. 21. Duane, Randolph, Matthews, Boudinot & Sherman a Come to receive communications from Minister of Fr.


Title: To James Madison from David Jameson, 29 September 1781
From: Jameson, David
To: Madison, James

Sir
Richmond Sep. 29. 1781
I have recd. your favour of the 18th. Ere this I expected to have had it in my power to give you some interesting information respecting Cornwallis All the regulars are I believe now landed amounting to about 12,500[.] Of Militia I believe there is a greater number collected, than Gen Washington will think it necessary to keep in the Field. The 27th. the Army moved down and I imagine it will not be long before they get into action. It is said Ld. Cornwallis is determined to hold out to the last in hope of aid. I think he will be disapointed in that hope while we have so formidable a Fleet in the Bay. in my last I informed you deBarras had joined the Count de-Grasse. I am sorry to inform you we find it very difficult to procure provisions for such numbers. we have no money, & of course must obtain supplies by that odious method—impress. this is made still more disagreable to the people as the Agents for the French have made contracts in several parts of the Country to pay ready Specie for all they receive. You will observe by the last acts of Assembly the Executive are to fix the rates of the enumerated articles taken for the use of the Army in Specie, and the allowance for depreciation. that allowance is now as high as 600 for one, and that is below what is really given in exchange for Specie. If I have received any letter from you desiring Mazzies Cypher it has escaped me   The Cypher was destroyed with the Counci[l’s pa]pers in January—perhaps Mr. Jefferson r[emem]bers it. Our friend Mr Page has for some [time] past been a Colonel of the Militia of his Cou[nty] and has been on duty with them. at presen[t] I believe he is on Rappa. and I expect he wi[ll] be here next Week as a Member of the Assem[bly.]
The delegates letter to the Governor is sen[t] to him at Wmsburg. I suppose he will answ[er] it from thence Mr Ross tells me he expects his agent in Phila. is by this time furnished with a quantity of Hemp, and that he will immediately supply you with money I am
dr Sir Yr mo. Ob Ser
David Jameson


Title: To James Madison from Thomas Jefferson, 30 September 1781
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 30. 1781.
I beg leave to introduce to your acquaintance the bearer mr. Short who comes to Philadelphia in hopes of being able to prosecute in greater quiet there than he can here the studies in which he is engaged: and I chearfully add to what you may already have heard of him my testimony of his genius, learning & merit. I do this the rather as it gives me an opportunity of saving the right of correspondence with you which otherwise might be lost by desuetude, acknoledging not to have written to you these five months before, and lamenting that the same space has occurred since I heard from you. Tho ours is at present the busy & interesting scene yet I have nothing to communicate to you of the military kind, as I am so far from the scene of action and so recluse that I am persuaded you know every event before I do and more especially as mr. Short does not set out immediately. I pray you to consider me as being with very sincere respect & esteem Dr. Sir
your friend & servt.
Th: Jefferson


Title: Report on Retaliation against British, [1 October] 1781
From: Madison, James
To:

[1 October 1781]
The Committee to whom was referred the several papers concerning retaliation recommend the following
Manifesto
The United States in Congress assembled taking into their serious consideration the various scenes of barbarity by which the present war has from its beginning been characterized on the part of the British arms, & the perseverance of the British Commanders in carrying into execution the sanguinary & vindictive denuntiations of the Commissioners of their King in their Manifesto of the  day of  by a redoubled licentiousness in burning our towns & villages, desolating our Country & sporting with the lives of our captive Citizens, notwithstanding the multiplied warnings & the humane example which have been placed before them; and judging it inconsistent with the dignity of the United States, with the just expectations of the people thereof, and with the respect due to the benevolent rules by which Civilized nations have tempered the severities & evils of war, any longer to suffer these rules to be outrageously violated with impunity, have Resolved and [do] hereby Order that the Commander in chief and the Commanding Officers of separate Departments, cause exemplary retaliation to be executed on the Enemy for all acts of cruelty committed by them against the Citizens & inhabitants of these States: And Whereas it is essentially & particularly necessary that the barbarous and savage practice of destroying by fire the Towns & Villages of these United States should be restrained by means more immediately within our power than a Specific retaliation on the Towns & Villages belonging to the Enemy, and it is even more consonant to the Spirit of justice & humanity that such as have made themselves instruments for these incendiary purposes should be the objects of Vengeance than the remote & unoffending inhabitants of such Towns & Villages, The United States in Congress Assembled have further resolved and do hereby declare that British Officers now prisoners to the American arms or which may hereafter be made prisoners shall answer with their lives for every further destruction by fire of any Town or Village within any one of the U. States which shall be made by the Enemy contrary to the laws of War observed among Civilized Nations; and the Department of War is hereby ordered to cause all the Officers in the service of the King of G. B. now in their custody, to be duly-secured, and on the first authentic notice of the burning of any Town or Village in any one of the U. States unauthorized by the laws of war, to cause such & so many of the said Officers as they shall judge expedient, to be put to instant death.
Done at Philada &c &c


Title: From James Madison to Edmund Pendleton, 2 October 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Ocr. 2d. 1781
Yours of 24th. ulto. came safe by yesterdays post. In addition to the paper of this day I enclose you two of the preceding week in one of which you will find a very entertaining & interesting speech by Mr. Fox, and in the other a handsome forensic discussion of a case important in itself and which has some relation to the State of Virginia.
Our intelligence from N. Y. through several channels confirms the sufferings of the B. fleet from their rash visit to the Capes of Chesapeak. The troops which were kept in Transports to await that event have since the return of the fleet been put on shore on Staten Island. This circumstance has been construed into a preliminary to an expedition to this City, which had revived, till within a few days the preparations for a Militia opposition, but is better explained by the raging of a malignant fever in the City of N Y. Digby we hear is now certainly arrived but with three ships of the line only. It is given out that three more with a large number of Transports came with him and that they only lay back till it was known whether they could proceed to N. Y. with safety: This is not improbably suspected to be a trick to palliate the disappointment and to buoy up the sinking hopes of their adherents, the most staunch of whom give up Lord Cornwallis as irretreivably lost.
We have received some communications from Europe relative to the general State of its affairs. They all center in three important points; the first is the obstinacy of G. B, the second the fidelity of our Ally, and the third the absolute necessity of vigorous & systematic preparations for war on our part in order to ensure a speedy as well as favorable peace. The Wisdom of the Legislature of Virginia will I flatter myself, not only prevent an illusion from the present brilliant prospects, but take advantage of the military ardor and sanguine hopes of the people to recruit their line for the war. The introduction of specie will also I hope be made subservient to some salutary operations in their finances. Another great object which in my opinion claims an immediate attenti[on] from them, is some liberal provision for extending the benefits of Government to the distant parts of the State. I am not able to see why this cannot be done, so as fully to satisfy the exigences of the people and at the same time preserve the idea of Unity in the State. Any plan which divides in any manner the Sovereignty may be dangerous & precipitate an evil which ought & may at least be long procrastinated. The Administration of Justice which is the capital branch may certainly be diffused sufficiently and kept in due subordination in every part to one supreme tribunal. Separate boards for auditing accounts may also be admitted with safety & propriety. The same as to a separate depository for the taxes &c. and as to a land office. The military powers of the Executive, may well be entrusted to Militia officers of Rank, as far as the Defence of the Country & the Custody of Military Stores make it necessary. A complete organization of the Militia in which Genl Offices would be created would greatly facilitate this part of the plan. Such an one with a Council of Field Officers, might exercise without encroaching on the Constitutional powers of the Supreme Executive, all the powers over the Militia which any emergency could demand.
I am Dr. Sir Yrs. Sincerely
J. Madison Jr.


Title: Thomas Nelson to Virginia Delegates, 5 October 1781
From: Nelson, Thomas
To: Virginia Delegates

Gentlemen,
Camp before York, Octr. 5. 1781.
Since I last wrote, I have received your Favours of Sepr. 11th & 18th. A variety of Causes conspired to prevent a regular Acknowledgment of them, but as we are now Stationary, & have reduced Matters into some order, I shall venture to promise you, that you shall weekly at least receive the Occurences of this Quarter, which I know must be Objects of anxious curiosity, & I hope will be of very agreeable Importance.
This Evening will complete a Week, since we moved down from Williamsburg. The Enemy very quietly permitted us to invest them, & on the second Night, fearful I suppose of a Storm, evacuated all their Outworks, except one on the Hill above the Creek on the Williamsburg road, which they still hold[.] we immediately took Possession of the Works they left, which have been converted into covering Redoubts for the intended Approaches. These Redoubt[s] are about half a Mile from the Town. The Enemy endeavoured to retard these operations by playing on our Men who were at Work from their Batteries, but with very little Effect, having killed in all only six Men. We have not returned one Shot.
The Day before yesterday, on the Gloucester side, the Duke de Lauzun attacked with his Cavalry & a Corps of Militia Grenadiers, Tarleton at the Head of six hundred Men, consisting of the Horse of his Legion, & a Body of Infantry. Tarleton was dismounted, & wounded, a major who commanded the Infantry killed, near fifty Men killed & wounded & the whole Party defeated. The Loss on our Side was about 12 killed & wounded. The Duke, his Officers, & the whole of the Men under his Command behaved with so much Gallantry on this Occasion that the Commander in chief thought proper to give them his Thanks in the Orders of Yesterday.
I am sorry to find that the Agent has not established some Means of supplying you with Money, a Matter in which not only your comfortable Subsistence but also the Credit & Interest of the State are concerned. I have been for some time in daily Expectation of seeing him in Camp. The moment he arrives I will urge him to a proper attention to this Business.
I must beg that you will endeavour to secure for this State its Proportion of the clothing lately imported for the continental Army. The Situation we have been in for nearly a Year, has so much put it out of our Power to provide Clothes for our Line, that the few Troops we have now in the Field are not fit to be seen.
I have the Honour &c.


Title: To James Madison from Edmund Pendleton, 8 October 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir:
Edmundsbury, October 8, 1781
I have yr favr of the 18th Past and felt the justice of yr remark as to the benefits derived & in prospect to Virginia from the presence of the Commander in chief, and the Fleet & Army of our Allies, whom we are exerting ourselves to feed, and hope they will not suffer in future, a little they have experienced, without murmuring: They meet every mark of respect they so justly merit & great cordiality prevails in the Army.
don’t you think our Citizens are patriots indeed, who patiently submit to have their provisions seised & pd for with a bit of paper called a Certificate, when they might have specie for it from the French. some great men evade the seizure & sell, and this will occasion Opposition & compel Government to take just & equal Proportions, wch has hitherto yielded to official ease & convenience. These Citizens nevertheless are the Objects of certain cabals your way to do them injustice.
Pigeon Hill on Genl Nelson’s farm near York, was strongly fortified by the Enemy, who gave out they would warmly defend it, as an eminence which commanded the Town. it was Attack’d about a week agoe, & evacuated with little resistance, as was also another Out Post on the River about a mile below, so that their whole force being within their confined Wall, may be literally said to be drawn to a point, having little more ground than they can stand on; I mean all their force on that side, for some yet remain in Gloucester, who under the command of Dundas & Simcoe, went out last week in quest of Plunder, but were driven back with some small loss, by the French Legion.
We are told one great Bomb Battery was to begin to play as last Saturday, and that sanguine officers, promised themselves a Surrender in five days. The No. & Western winds have hitherto prevented the French from passing any ships above York, in consequence of wch the British had the command of that river above, but as they were quite inactive, and a Report prevailed that their Vessels were unrigg’d, ungun’d & unmanned We have carried provisions for the Army down that River to Wmsburg[.] unfortunately a good deal of flour & corn were lately taken, and increased their stock of provisions.
I am sorry to hear the Spaniards have again mounted their Hobby Horse, because our good friends must get behind them, however we cannot complain, whilst we find our Ally able & willing to give us such Substantial Assistance, that at the same time he can take an Airing with another friend. But is it true that we are to reward this friend of our friend (for I believe that is all Spain pretends to) with a Cession of such inestimable importance to Us? I really thought that Matter had stood upon a Resolution of our Assembly never to make that Cession. I am now told they relax’d it so far as to leave our delegates at liberty to yield it, if they judged it necessary. It is said further that the Court of Spain never desired or thought of it, but it is one of the fruits of the Cabal agt. Virga. and by their contrivance the requision was made by yr Minister to Spain. I always had a good Opinion of that Gentn. and wish for the sake of his Character as well as other reasons, it mayn’t be true, but if it is, his being recalled & Sus. per Coll. would be a small recompense to the public for such a Conduct.
I was in hopes the Possession our friends had of the Bay, would ‘ere now have produced some Vessels, particularly with Salt, which we much want, but have not heard of any, perhaps they may be below. I am
Dr Sr Yr Affe & Obt Servt
Edmd Pendleton


Title: From James Madison to Edmund Pendleton, 9 October 1781
From: Madison, James
To: Pendleton, Edmund

Dr Sir
Philada. Octr. 9th. 1781
Having sent you the arguments on one side of the judiciary question relating to the property of Virga. seized by Mr. Nathan, it is but reasonable that you should see what was contended on the other side. With this view, although I in some measure usurp the task of Mr. Jones, I enclose the paper of Wednesday last. As it may escape Mr. Jones I also enclose a copy of Mr Adams Memorial to the States General. I wish I could have informed you of its being lodged in the Archives of their High Mightinesses instead of presenting it to you in print.
I am Dr. [Sir] Yrs. Affectionately
J. Madison Junr.


Title: Protest of Virginia Delegates, [10 October] 1781
From: Madison, James
To:

[10 October 1781]
That no misconstruction unfavorable to the territorial rights of the State of Virginia may be put on the refusal of its Delegates to exhibit evidence in support of them before the Committee to whom the territorial Cessions of Virginia New York and Connecticut were referred according to the request of that Committee and the example of the Delegates from New York and Connecticut; the considerations on which that refusal was grounded, and of which the Committee were verbally apprized before any progress was made in the present enquiry, are now stated to them in writing.
First. The Acts of Congress in compliance with which the abovementioned Cessions were made are founded on the supposed inexpediency of discussing the questions of right, & recommends to the several States having territorial claims in the Western Country, a liberal surrender of a portion of those claims for the benefit of the United States as the most advisable means of removing the embarrassments which such questions created. To make these acts of surrender then, the basis of a discussion of territorial rights is a direct contravention of the Acts of Congress, and tends to diminish the weight and efficacy of future recommendations from them to their Constituents.
Secondly. If the present discussion has been opened upon an opinion that Congress can assume for the use of the United States any portion of territory claimed by an individual State and supposed by them not to fall within its limits, we are now to learn the page of the Confederation in which this power is delegated; if upon an opinion that Congress may exercise jurisdiction in territorial controversies between individual States, we refer the Committee to the Article of the Confederation which vests an exclusive jurisdiction in such cases in another tribunal.
Thirdly. The Cases now before the Committee may eventually be brought before that constitutional tribunal. Ought not its decrees to be free from the bias & suspicion to which they may be exposed by the most indirect prejudication on the subject of right by so high an Authority as Congress, or even a Committee of Congress?
Fourthly. Although it should be confessed that the cognizance of territorial rights belongs to Congress or a Committee of Congress (against which position we strenuously protest) yet the very form of conducting this business, if scanned by the ordinary rules of Justice, is manifestly and essentially defective. Without any previous notice to the parties of an intention to discuss questions of right and receive evidence relating to them, nay, after expressly holding forth to them an intention to exclude all such questions, they are now called upon to exhibit the evidence which supports their respective claims, by which means prepossessions in favor of one party may be created by arguments and representations which another party is unprepared to controvert.
Fifthly. Nor can the conditions or reservations annexed to some of the Cessions render a discussion of territoria[l] rights necessary to determine the Authority of Congress to accept them. For even if these reservations should interfere with the claims of any other State, what injury can arise, since the doors of the Constitutional tribunal will not be barred to them and it may at the same time be declared by Congress that such acceptance shall in no wise affect them.
Jos: Jones.James Madison Junr.Edmund Randolph.


Title: From James Madison to Edmund Pendleton, 16 October 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Ocr. 16th. 1781.
When you get a sight of the Resolution of the Gen: Ass: referred to in your favor of the 8th. you will readily judge from the tenor of it what steps would be taken by the Delegates. It necessarily submitted the fate of the object in question to the discretion and prospects of the Gentleman whom reports it seems have arraigned to you, but who I am bound in justice to testify has entirely supported the character which he formerly held with you. I am somewhat surprized that you never had before known of the Resolution just mentioned, especially as, what is indeed much more surprizing it was both debated & passed with open doors & a full gallery. This circumstance alone must have defeated any reservations attached to it.
The N. York papers and the intelligence from thence make it evident that they have no hope of relieving Cornwallis, unless it can be effected by some desperate naval experiment and that such an one will be made. Their force will probably amount to 26 Sail of the line, and if we are not misinformed as to the late arrival of three Ships of the line to 29 Sail. The superiority still remaining on the part of our Allies and the repeated proofs given of their skill & bravery on the water forbid any apprehension of danger. At the same time we can not help calculating that every addition to the British force proportionally diminishes the certainty of success. A fleet of provisions amounting to about 40 Sail convoyed by a 44 & 2 frigates have arrived at N. Y. within the week past.
Having sent all the papers containing the proceedings on the case of Mr. N. agst. V. as they came out, I shall to complete your view of it add the last effort in his favor published in the inclosed No. of the Freemans Journal. I am told however that the publisher ought to have subjoined that the privy Council interposed & directed restitution of the King of Spain’s effects.
I am Dr Sir Yrs Affecly.
J. Madison Junr.


Title: Motion of Virginia Delegates on Western Lands, [16 October] 1781
From: Madison, James
To:

[16 October 1781]
The Delegates of Virginia representing to Congress that the Committee to whom were committed the territorial Cessions of Virga. N. Y. & Connecticut with a Memorial signed J. Wilson by order of the United Illinois & Wawbash Companies & the Memorial of Wm. Trent in behalf of himself & other Members of the Indiana Company had given them notice that they should on Saturday last confer with the Agents of the said Companies on the subject of their several Memorials; that conceiving that no claim ought to be received from the said companies adverse to the cessions of Virginia or any other State, because if the lands to which pretension is made by those Companies lie within the limits of such State, by its authority alone can the merits of their claims be enforced; because the jurisdiction of Congress in territorial questions being confined to an adjustment of the conflicting claims of different States, if the lands claimed by these Companies lye without the limits of Virga. or either of the other States, Congress are interdicted by the Confederation from the cognizance of such claims, and because it derogates from the sovereignty of a State to be drawn into contest by an individual or company of individuals, and therefore that it was not the intention of Congress to authorise the Committee to confer with the said Agents in such manner as to receive from them claims adverse to the Cessions of either of the States abovementioned, the sd. Delegates did request the Committee to forbear such conference, untill the sense of congress on the subject sd. be known; and proposing that the question be now taken. Whether it was the intention of Congress to authorize the Committee to receive claims & hear evidence in behalf of the said Companies adverse to the claims or Cessions of Virga. N. Y. or Connecticut?


Title: Thomas Nelson to Virginia Delegates, 20 October 1781
From: Nelson, Thomas
To: Virginia Delegates

Gentlemen
Camp before York, Octr. 20. 1781
It is with infinite Pleasure I congratulate you on the Reduction of York & Gloucester, & the Capture of the whole British Army under Lord Cornwallis. On the 17th. at the Request of Lord Cornwallis Hostilities ceased, & yesterday the Garrison of York, amounting to upwards of two thousand nine hundred Effectives, rank & file, marched out & grounded their Arms. Their sick are about seventeen hundred. The Garrison of Gloucester & the Men killed during the Siege are computed at near two thousand, so that the whole Loss sustained by the Enemy on this Occasion must be between 6 & 7000 Men. This Blow, I think, must be a decisive one, it being out of the Power of G. B. to replace such a Number of good Troops. His Excellency Genl. Washington’s Letter will inform you of the Nature of the Capitulation, to which I must refer you, not having yet procured a Copy of the Articles. I have the Honour to be, Gentlemen, &c
Your Favours of Sepr. 4th & 9th. have been received. The Interruption in our Correspondence, that is on my Part, has proceeded from accident partly, Letters being ready for the last Post, but through Hurry not sent to the Office, till too late.


Title: Virginia Delegates to Thomas Nelson, 23 October 1781
From: Virginia Delegates
To: Nelson, Thomas

Sir
Philadelphia October 23. 1781.
The committee, to whom was referred the cession of Virginia, have been industrious in the audience of counsel, and investigation of the claims of the several great land companies. We refused to attend their summons, and our reasons will be transmitted to your excellency, as soon as a full state of this proceeding can be prepared. In the mean time, altho’ we cannot but view with a suspicious eye the conduct, hitherto observed by congress towards our country on the subject of western territory, we wish, that every public act, having this conduct for its object, may be postponed, until a particular account of this matter shall be received from us. We should not have intruded this observation upon your excellency, had we not reason from some private dispatches to believe, that our country is highly inflamed against congress on this ground. Perhaps our success in the capture of Cornwallis, upon which we cordially rejoice with your excellency, may dictate, from motives of prudence, the suppression of every wrathful measure, until an opportunity more fit.
We shall endeavour to forward by the next mail a cypher, for the communication of secret intelligence without danger of detection.
We have the honor Sir to be with great respect your most obedient servants
Jos: Jones.James Madison Junr.Edmund Randolph.


Title: Motion of Virginia Delegates on Western Lands, [26 October] 1781
From: Virginia Delegates
To:

[26 October 1781]
Resolved that,
inasmuch as it appears from the journal of the 27th. of november 1775, the 28th. of July, the 12th. of August, the 12th. of september, the 10th. and 20th. of october and the 2d. of november 1778, the 22d and 26th. of January, the 16th. and 23d of february, the first of March the 15th. of April, the 11th. and 28th. of may, the 1st. of June, the 5th. and 28th. of July, the 27th. of september, the 20th. and 22d of december 1779, that after orders for referring papers to a committee, or for the recommitment of a report, it was expressly provided in some of the preceding instances, that the committee should be instructed, in others that they should be directed, and in others, that they should be authorized, to hear evidence and reduce to writing such parts thereof, as they should think proper, to confer with persons, not members of congress, or to send for persons or papers:
and as it appears to be the usage of congress in cases of moment or difficulty, or in which it may be their pleasure, that committees should have recourse to documents, proofs or evidence, other than those, which are to be found among the records or on the files of congress, to instruct them specially for this purpose:
and as the delegates of Virginia, having received notice from the committee, to whom was recommited the report on the cessions of Connecticut, New-York and Virginia and on the memorials of the Vandalia, Illinois, Ouabache and Indiana companies, that they should confer with the agents thereof on a day now past; they did for the reasons assigned in their motion of  last request the said committee to postpone such conference, until the sense of congress should be taken, how far they were warranted by the terms of their appointment to enter thereon;
it be declared, that the recommitment of the said report does not authorize the said committee to admit counsel, or to hear documents, proofs or evidence, not among the records nor on the files of congress, which have not been specially referred to them.


Title: From James Madison to Edmund Pendleton, 30 October 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Oct. 30th. 1781.
I return you my fervent congratulations on the glorious success of the combined arms at York & Glocester. We have had from the Commander in chief an official report of the fact with a copy of the capitulation, and a general intimation that the no. of prisoners excluding seamen &c. would exceed 5000; but no detail of our gains. If these severe doses of ill fortune do not cool the phrenzy and relax the pride of Britain, it would seem as if Heaven had in reality abandoned her to her folly & her fate. This campaign was grounded on the most intense exertion of her pecuniary resources. Upwards of 20 Millions were voted by the Parliament. The King acknowledged that it was all he asked, and all that was necessary. A fair trial has then been made of her strength: and what is the result? They have lost another army, another colony, another island, and another fleet of her trade; their possessions in the E. Indies which were so rich a source of their commerce & credit, have been severed from them perhaps for ever; their naval armaments, the bulwarks of their safety & the idols of their vanity have in every contest felt the rising superiority of their Enemies. In no points have they succeeded except in the predatory conquest of Eustatia of which they have lost the greatest part of every thing except the infamy, and in the relief of Gibralter which was merely a negative advantage. With what hope or with what view can they try the fortune of another campaign? Unless they can draw succour from the compassion or jealousy of other powers of which it does not yet appear that they have any well founded expectation, it seems scarcely possible for them much longer to shut their ears against the voice of peace.
I am sorry to find that the practice of impressing is still kept up with you. It is partial & oppressive with respect to individuals & I wish it may not eventually prove so with respect to the State. The zeal & liberality of those State[s] which make undue advances may not find an equal disposition to reimbur[se] them in others which have had more caution or less occasion for such exertions.
You are not mistaken in your apprehensions for o[ur] Western Interests. An agrarian law is as much covete[d] by the little members of the Union, as ever it was by the indigent Citizens of Rome. The conditions annexed by Virginia to her territorial cession has furnished a Committee of Congres[s] a handle for taking up questions of right both with respect to the Ceding States, and the great land compan[ies] which they have not before ventured to touch. We ha[ve] made every opposition & remonstrance to the Conduct of the Co[mm]ittee which the forms of proceeding will admit. When a report is made we shall renew our efforts upon more eligible ground, but with little hope of arresti[ng] any aggression upon Virginia which depends solely on the inclination of Congress. Since the close of the Confederation however, it has been understood that seven votes are necessary to carry every question. This rule in proportion to the thinness of Congress opposes a difficulty to those who attack. It will therefore I believe be impossible for the Enemys of Virginia to obtain any positive injury to her rights. My greatest anxiety at present is lest the attempts for that purpose may exasperate the Assembly into measures which will furnish new hopes to the British Court to persevere in the war, and new baits for the credulity of the British nation. The good sense of the Assembly will however I flatter myself temper every expressi[on of] their displeasure with a due respect to thi[s con]sideration. It would be peculiarly unhappy if any symptoms of disunion among ourselves should blast the golden prospects which the events of the campaign have opened to us.

We have nothing new from any quarter. The British fleet has not returned to N. York as was here reported & believed. It consists of 25 Sail of the line several 50s and frigates. The no. of Troops is varied by our intelligence from 4 to upwards of 6000.
With sincere regard I Dr Sir Yr’s &c
J. Madison Junr.
P.S. A report came yesterday from Baltimore, that Rodney with several Ships of the line & 30 or 40 transports laden in part with the residue of Statia plunder has fallen into the hands of the combined fleets. This morning the same report coming from N. York gives some probability to the thing.


Title: Virginia Delegates to Thomas Nelson, 7 November 1781
From: Virginia Delegates
To: Nelson, Thomas

Sir
Philadelphia Novr. 7. 1781
For the present week, we have nothing particular to communicate; the State of the discussion of the cession of Virginia not yet being prepared. We shall therefore postpone any farther observations on this head, intending to accompany our next information with an account of the quota of money, assigned to Virginia by a late resolution of congress. We beg leave to acknowledge your excellency’s favor of the 20th. of October, by the last post.
We have the honor to be Sir with great esteem yr. excellency’s mo. obt. servts.
James Madison jrEdm: RandolphJos: Jones


Title: Motion of Virginia Delegates on Western Lands, [14 November] 1781
From: Virginia Delegates
To:

[14 November 1781]
A motion was made by the delegates of Virginia,
That the first Tuesday of December next, be assigned for the consideration of the report of the committee, to whom were referred the cessions of New York, Virginia, Connecticut, and the petitions of the Indiana, Vandalia, Illionois, and Wabash companies.


Title: Richard Peters to Virginia Delegates, 16 November 1781
From: Peters, Richard
To: Virginia Delegates

Gentlemen
War Office Novr. 16. 1781
We have been honoured with your Note on the Subject of the Provision making for cloathing the Troops. This Business being now executing by collecting the imported Cloathing & that procured by domestic Purchases to the Magazines for Distribution it is impossible for us to give any exact Account of the Business. We laid before the Financier the State of the Army, the Quantity of Cloathing on Hand & the Quantity necessary to supply Deficiencies & he agreed to order Purchases to the Amount of our Estimate if the public Funds would enable him to carry these Orders into Execution. The Plan agreed upon was to leave as much Clothing on the North River as would cloathe that Army & bring forward the Excess for the Southern Troops which with the Purchases making & the Stock on Hand to the Southward we have no Doubt will put them on a Footing with the other Army. The Reason of our leaving the Clothing at the North River was to save Transportation & because we conceived the Difference of Climate compelled the Cloathing of the Northern Army immediately. The whole of the Cloathing to the Eastward is now moving but when it will arrive we are uncertain. When enabled to give you a more exact Account we shall be happy to do it. All the Officers Cloathing imported is ordered for the Southern Army & Purchases are already made for those Troops to the Amount of 360,000 Livres agreeable to original Invoices beside other Purchases of smaller Amount which we cannot exactly ascertain.
We have the Honour to be very respectfully your very obed Servts
Richard PetersBy order


Title: From James Madison to Thomas Jefferson, 18 November 1781
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. Novr. 18th. 1781
By the conveyance through which you will receive this the Delegates have communicated to the State the proceedings in Congress to which the territorial cessions have given birth. The complexion of them will I suppose be somewhat unexpected, & produce no small irritation. They clearly speak the hostile machinations of some of the States against our territorial claims, & afford suspicions that the predominant temper of Congress may coincide with them. It is proper to recollect however that the report of the Committee having not yet been taken into consideration, no certain inference can be drawn as to its issue, and that the report itself is not founded on the obnoxious doctrine of an inherent right in the U. States to the territory in question, but on the expediency of cloathing them with the title of New York which is supposed to be maintainable against all others. It is proper also to be considered that the proceedings of the Committee which we laboured in vain to arrest, were vindicated not by the pretext of a jurisdiction belonging to Congress in such cases, but alledged to have been made necessary by the conditions annexed to the Cession of Virginia. Although the Cession of Virginia will probably be rejected on the whole, I do not think it probable that all the principles & positions contained in the report of the Committee will be ratified. The Committee was composed of a Member from Maryland, Pennsylvania, N. Jersey, Rhode-Island & N. Hampshire all of which States except the last are systematically & notoriously adverse to the claims of the Western territory & particularly those of Virginia. The opinion of the Committee is therefore no just index of the opinion of Congress, and as it is a rule observed since the Confederation was completed, that seven votes are requisite in every question, & there are seldom more than 7. 8. 9. or 10. States present, even the opinion of a Majority of Congress is a very different thing from a Constitutional vote. I mention these particulars that you may be the better able to counteract any intemperate measures that may be urged in the legislature. I do not hesitate to declare my opinion that the State will not only find in the communications we have made to them ample justification for revoking or at least suspending their Act of Cession, and remonstrating against any interference with respect to cases within their jurisdiction, but that they ought in all their provisions for their future security, importance & interest to presume that the present Union will but little survive the present war. I am equally sensible nevertheless of the necessity of great temper & moderation with respect to the first point, and in the last that they ought to be as fully impressed with the necessity of the Union during the war as of its probable dissolution after it. If the State wishes any particular Steps to be pursued by the Delegates, it would be well for particular instructions to that effect to be given. These will not only be a guide to us, but will give greater weight to whatever is urged by us.
I inclose you a paper containing two of the many letters lately published in New York with the subscription of Mr. D[eane’s] nam[e]. The genuiness of some of them & particularly that to Mr. Morris is generally doubted. There are some who think the whole of them spurious. However this may be there is through another channel indubitable proof that no injustice is done in ascribing to him the sentiments advanced in these letters. Either from pique, interested projects of trade, or a traitorous correspondence with the Enemy, he has certainly apostatized from his first principles.
Col. Willet has lately defeated & dispersed a party from Canada amounting 6 or 700 few of whom will escape captivity, the sword, or famine in the Wilderness. The action commenced near Johnstown.
The Minister of France has dispatches from [Europe?] by a late arrival which confirm the expedition from Cadiz against Minorca, and the actual landing of the troops on the Island.
With great respect & sincere regard I am Dr Sir Yr Obt & hbl Servt.
J Madison Junr.


Title: Report on Lafayette’s Return to France, [23 November] 1781
From: Madison, James
To:

[23 November 1781]
The Committee to whom was referred the letter of the 22d. instant from Major General the Marquis de la fayette, requesting leave of absence for the purpose of making a visit to France report the following resolutions
That Major General the Marquis de la Fayette have permission to go to France & that he return at such time [as] shall be most convenient to him and that he be furnished with the frigate the alliance to carry him to France.
That he be informed, that, on a review of his conduct throughout the past campaign, and particularly during the period in which he had the chief command in Virginia, the many new proofs which present themselves of his zealous attachment to the cause he has espoused, & of his judgment vigilance, gallantry & address in its defence, have greatly added to the high opinion entertained by Congress of his merits & military talents.
That he be requested to make known to the officers & troops whom he commanded during that period, that the brave & enterprising services with which they seconded his zeal and efforts, and which enabled him to defeat the attempts of an enemy far superior in numbers, have been beheld by Congress with particular satisfaction & approbation
That the Secretary of Foreign Affairs be instructed to acquaint the Ministers Plenipotentiary of the U. States, [for negotiating a peace,] that in case any negociation for that purpose should be on foot or in prospect during the stay of the Marquis de la Fayette in France, that it is the desire of Congress that they confer with the Marquis de La Fayette & avail themselves of his informations relative to the situation of public affairs in the U. States,
That the Secretary of Foreign Affairs be further instructed to acquaint the Minister Plenipotentiary at the Court of Versailles that he will conform to the intention of Congress by consulting with & employing the assistance of the Marquis de la fayette in accelerating the supplies which may be afforded by his M. C. M. for the use of the U. States.
That the Superintendt of Finance, the Secretary of Foreign Affairs & the Board of War make such communications to the Marquis de la fayette touching the affairs of their respective departments as will best enable him to fullful the purpose of the two resolutions immediately preceding.
That the Superintendant of Finance take order for discharging the engagement entered into by the Marquis de la Fayette with the Merchants of Baltimore, referred to in the Act of the 24 May 1781


Title: Motion on Management of Funds, [27 November] 1781
From: Madison, James
To:

[27 November 1781]
That the resolution of the  day of  committ[ing?] to the management & disposition of the superintendt. all loans or other monies obtained in Europe or else where for the use of the U. States.
That the Superintendt. of Finance be authorised & directed to take under his care & management all loans or other monies obtained in Europe or elsewhere for the use of the U. States subject to the appropriation of Congress


Title: Benjamin Harrison to Virginia Delegates, 1 December 1781
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Virginia Council Chamber December 1st. 1781
Inclosed you have two Resolutions of the General Assembly of this St[ate] respecting the feeding of the British Prisoners now with us. The Resolutions ind[eed] only prohibit the Impress of Provisions, but I would recommend it to you to [ask?] Congress immediately, to send a Commissary forward, or the Troops will suffer, perhaps starve, the State having no Means of procuring provisions. I have the Honor
Benjamin Harrison
P S. The inclosed Extract of a Letter relative to the difficulty of procuring provisions coming to hand after writing the above, I thought it my Duty to inclose the same to you.


Title: Amendment to Report on Thomas Edison, [3 December] 1781
From: Madison, James
To:

[3 December 1781]
Tha[t] T. Eddison has by an essential service to the U. S. and a singular proof of his fidelity to their interests recommended himself to the attention & reward of Congress.


Title: Motion for Reprisal for Detention of Henry Laurens, [3 December] 1781
From: Madison, James
To:

[3 December 1781]
Whereas H. Laurens Esqr. formerly President of Congress and now invested with the character of a public Minister of the U. States, having been taken prisoner by the Enemy in his voyage to Europe, has been & still is imprisoned in G. B. under the description of a British subject suspected of High treason; and a considerable number of other Citizens of the U. S. made prisoners at different periods of the war have also been committed to the gaols of G. Britain under warrants from officers of Justice as traiterous subjects, and many of them are still kept in rigorous imprisonment, and in other respects treated with an ignominy & severity unbecoming the character of Prisoners of war; And Whereas, the dignity of the U. States as a sovereign & independant nation as well as justice to their injured Citizens requires that effectual measures Should be taken for relieving them from their present sufferings & procuring for them the treatment to which as prisoners of war they are entitled by the established usage of civilized nations;
Resolved That the Secretary of war be directed to take order for the immediate imprisonment of  British Officers most eminent for birth & rank, prisoners to the U. States & not exempted therefrom by Capitulation
Resolved That the Secretary of War be further directed to take order for the immediate imprisonment in the Mines at Simsbury in Connecticut or elsewhere  British Soldiers with a suitable proportion of officers under the rank of field officers, prisoners to the U. States & not exempted therefrom by Capitulation, and that he cause them to be treated in all other respects in such manner as will make their situation correspond as near as may be to that of the Citizens of the U. S. prisoners in G. B.
Resolved that these resolutions shall continue in force untill authentic information shall be received by Congress that H. Laurens Esqr. and the other Citizens therein referred to have been duly exchanged, or discharged from their commitment as traiterous subjects, & treated in all respects as by the usages of war prisoners of war ought to be treated; and no longer.
Resolved That the Commander in chief be directed to transmit a copy of the preceding resolutions to the Officer commanding the forces of the King of G. B. at New York


Title: To James Madison from Edmund Pendleton, 3 December 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virginia, Decr 3d 1781
I thank you for your favr. of the 13th past. of the territorial Cession offer’d by Virginia I have perhaps already said too much & shall only add that if there were twenty claimers of my land, and each offer’d a Cession of their title without any consideration, I should think it common prudence to accept them all and thereby avoid the disagreeable necessity of deciding which of them was intitled to a preference; nor can I conceive what harm the Virginia Cession would have done the United States, upon the Supposition that New York had a better title. Whether our Assembly have taken up this subject, or what they are doing, I dont hear, except that I am told they have a great defaulter in a little Officer under examination who is accused of having pocketed £200,000, by shifting certificates & taking to himself the depreciation on them. It is Hopkins, who is the Commr of the Continental loan office & has something to do in our Treasury. Conjectures are Various upon the probability of his being acquitted or condemned. The Governor has resigned, probably vex’d to se[e] his great Popularity so suddenly changed into general execration for having by his imprudent seisures, intercepted the Specie that was about to flow amongst the people. That measure has proved in other respects most mischievous, a great quantity of Beeves being carried below more than were immediately wanted—took the distemper which raged there many years agoe & begin to die fast; instead of killing & salting them up which remained, as would have been obviously right, they were driven off for Winchester to feed the Prisoners, & I am told they are dying daily and spreading the infection on the road. I hear but not certainly that Mr Harrison, speaker of the Delegates, is elected Govr. in Genl. Nelson’s stead. I have no doubt but they will pay some handsome complts to the Marquis, so justly due to him, for the important services Virginia experienced from him. And as she was so immediately interested in the great event at York, perhaps the Assembly ought to extend their gratitude in thanks to the General & the army of our great allies, who effected it.
I have long given up Deane as an unworthy man, whom I thought much otherwise when I served with him in Congress. I thought he was taking some Steps injurious to America, in an improper commerce & thought avarice his greatest crime, not suspecting him of Appostacy from our cause, there is one circumstance rather against the authenticity of these letters, that in case of a bargain with them, they would not have exposed his Lres. however there is no reasoning from their blunders.
I do not hear who is Governor of Pennsylvania; does Mr Reed retire or is he in any active department? is Mr Blair got to Phila. my Compts to him & the others.
I am Dr Sir Yr very Affe
Edmd Pendleton


Title: Virginia Delegates to Benjamin Harrison, 4 December 1781
From: Virginia Delegates
To: Harrison, Benjamin

Sr.
Philaa: 4th: Decr. 1781
Relying on the assurances given by your Excellency, that we should be releived from our embarrassments here, by the agency of Mr. Ross to whom our supply had been committed, we ceased from further representations on that head, believing them to be as disagreeable to you as they were painfull to ourselves—but the experience we have had of Mr. Ross’s exertions serves only to shew he wants either the inclination or the ability to extricat us from our difficulties, the supplies furnished being inadequate to our occasions, and chiefly by Bills drawn upon credit obtained here payable from forty to sixty days sight, and discounted at a loss to the State of from 10 to 18 and 20 p cent. a trafic as disagreeable to us as dishonourable and injurious to our constituents.
Mr. Thomas Pleasants acting here under the direction of Mr. Ross has opened to us a prospect of future supply, less uncertain and [more in?]dependent than we have for some time experienced, and hoping it may be convenient to the State to adopt the measure, we have taken the liberty to draw a Bill upon your Excellency for four thousand dollars in specie, payable sixty days after sight, to Mr. John Cowper or order which, if duly honoured in Virginia, will establish a fund of supply for the Delegates, who may attend in Congress, for part of the ensuing year, and relieve them from the inconveniences and anxiety of precarious subsistence. we have the honor to be
yr. Excellency’s obed. & hum: Servts.
J. Madison Junr.Edm: Randolph.Jos: Jones
P.S. this Letter has been opened since it was Sealed to alter the sum from eight to four thousand dollars the amount of the Bill now drawn. Mr. Cowper could furnish the larger sum and we request your attention to that sum if practicable as perhaps so good an opportunity may not soon present itself.