Title: From James Madison to Edmund Pendleton, 11 December 1781
From: Madison, James
To: Pendleton, Edmund

Dr Sir
Dr. 11th. 1781
I am favored with yours of the 3d. instant. Other letters by the same conveyance confirm your report of the election of Mr. Harrison to the chief Magistracy. Several other appointments are mentioned which I make no doubt are all well known to you.
On whatever side Mr. Deanes letters are viewed they present mysteries. Whether they be supposed genuine or spurious or a mixture of both, difficulties which cannot well be answered may be started. There are however passages in some of them which can scarcely be imputed to any other hand. But it is unnecessary to rely on these publications for the real character of the man. There is evidence of his obliquity which has for a considerable time been conclusive.
Congress have not resumed their proceedings on the Western business. They have agreed on a requisition on the States for 8,000,000 of Dollars & a completion of their lines according to the last establishment of the army. We endeavored, tho’ with very little effect to obtain deductions in the first article from the quota of Virginia but we did not oppose the aggregate of the demand in either. If we do not obtain a sufficiency of men & money from the States by regular & duly apportioned calls we know by experience that the burden of the war will fall on the resources of the States wch. happen to be the subject of it.
Mr. Moore late Vice Presidt. has been elected Presidt. of this State, in place of Mr. Reed whose period of eligibility was out.
I am &c. &c.
J: Madison Jr.


Title: Virginia Delegates to Benjamin Harrison, 18 December 1781
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philadelphia Decr. 18th. 1781
At the request of Baron Steuben, a letter from him to your Excellency is herewith inclosed.
The paper from the Secretary of War to Congress also inclosed is an answer to the two Resolutions of the General Assembly transmitted to us by your Excellency which were referred by Congress to the Departments of War & finance.
A Representation to the States on the subject of the late requisitions for the ensuing year agreed to yesterday in Congress is likewise herewith transmitted. It could not be authenticated for the reason applied in our last to the Resolutions relating to the completion of the Military Establishment. As soon as it has passed the last formality in Congress it will be transmitted by the President.
We have thought proper to add to the other inclosures a table for the payment of loans to the U.S. computed under the direction of the late Treasury Board in pursuance of the Act of Congress of the 28th. of June 1780 on that subject. It will probably be of service in fixing the value of the depreciated currency advanced at different periods by Virginia to the U. States.

The letter to Mr. Ross relates to sundry slaves the property of some Gentlemen of the State of S. Carolina the meritorious sufferings of whom will sufficiently recommend what concerns their interests to your Excellency’s care & attention.
We have the honor to be with the highest respect & esteem Yr. Excell’y’s Obt. & hble servts.
J. Madison Jr.Edmund RandolphJos: Jones
PS. We are obliged by arrival of the hour for the post to omit the representation which we expected wd. have been ready for us.


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

1781.

From Sepr. 20 to Decr. 20—1781.

Pena. Curry.

Pena. Curry.

Sepr. 25.
To cash arising from a bill drawn Sepr. 13.
}
 87—5—3

By balance due Sepr. 20

in my favr. for £100 by T. Pleasants Agt.
Decr. 20.
By Board &c. including liquors &c
£85—13—2

for Mr. Ross, on R: Morris 60 days sight

By Expence of 2 Horses
 19— 5—

Novr. 5.
To cash recd. of T. Pleasants

 12— —

By washing £6—11 — 2 Cord Wood £5
 11—11

To do. rcd. of do

 23— —

By allowance for 91 days at

£122—5—3


Title: From James Madison to Edmund Pendleton, 25 December 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Dcr. 25th. 1781.
You only do me justice in ascribing your disappointment in the post of the week preceding your favor of the 16th. instant, to some other cause than my neglect. If I were less disposed to punctuality your example wd. preserve me from transgressing it. As the lost letter went into the post office here & you did not receive it from the post in Virga. the delinquency must have happened in that line. It is however I believe of little consequence, as I do not recollect that any thing material has been contained in my letters for several weeks, any more than there will be in this in which I have little else to say than to tender you the compliments of the day. Perhaps indeed it will be new to you what appeared here in a paper several days ago, that the success of Commodore Johnstone in taking 5 Dutch E. India men homeward bound & destroying a 6th. is confirmed. Whatever may be thought of this stroke of fortune by him & his rapacious crew, the Ministry will hardly think it a compensation to the public for the danger to which the remains of their possessions in the East will be exposed by the failure of his Expedition.
It gives me great pleasure to hear of the honorable acquittal of Mr. Jefferson. I know his abilities, & think I know his fidelity & zeal for his Country so well, that I am persuaded it was a just one. We are impatient to know whether he will undertake the new service to which he is called.
I am Dr. [Sir] Yrs. affectionately
J. Madison Jr.


Title: Proposals to Furnish Delegates Copies of Papers to Be Debated, [ca. 28 December] 1781
From: Randolph, Edmund,Madison, James
To:

[ca. 28 December 1781]
Resolved, that the secretary upon application to him made for that purpose furnish a copy of papers, relating to matters, depending before congress, to the delegates of each state represented; provided that no more than one copy be furnished to the delegates of one state.

Resolved
That the Secretary furnish a copy of all propositions reports, and ordinances depending before Congress not in their nature secret, to the Delegates, or delegate from each State applying for the same; provided that no more than one copy, be furnished for one State.


Title: To James Madison from Jacquelin Ambler, 29 December 1781
From: Ambler, Jacquelin
To: Madison, James

Dear Sir
Richmond Virginia 29th. Decr. 1781
I cannot give you a word of news, and I fear Mr. Hayes’s Paper of to day will afford but little. I have not seen it yet.
The [Assembly is] still sitting, but the defection of the [members is] so great, that we are in dread lest every Evening should prove the last, and the business left—as they begun. The most sanguine seem as if they will be content even with a par-boiling. Oh Sir we want some Publications that will rouse our Citizens. I sincerely wish you could spare an hour now and then to this salutary Work. I will take care, if you will transmit the pieces to me, that they shall be safely lodged with the Printer, and none made acquainted with the writer but those you may direct. beleive me they will render us most essential good, and especially on the approach of a new ele[ction?].
Yours with great esteem & regard
J. Ambler


Title: Daniel Murray to Virginia Delegates, 29 December 1781
From: Murray, Daniel
To: Virginia Delegates

Philadelphia 29th Decr. 1781
The Honble. the Delegates in Congress from the State of Virginia
The Memorial of Daniel Murray Respectfully Sheweth
That your Memorialist was left in the Illinois Country in the Year 1776 Charged with the Commercial affairs of his Brother Willm. Murray with directions in case of the Arrival of any American Troops in that Country to Yield them every Assistance in his power Which directions the Memorialist’s Brother Repeated from New Orleans upon the Arrival of Colo. George Gibson at that place
That in July 1778 when Colo. George Rogers Clark took possession of the Illinois Country your Memorialist in Compliance with his Brothers directions his own Inclinations Coinciding, did supply Colo. Clark for the use of the Troops a large Quantity of Flour, Beef, Pork, Salt, Tallow, Liquor, and other Merchandize for which he received Continental Currency at the rate of Gold and Silver[.] your Memorialist knowing nothing of a depreciation, made no Scruple of Receiving the same which Induced the French Inhabitants to do the Like by which means were Supplied with whatever they Wanted.
That after Colonel Clark’s arrival your Memorialist Served in person in taking Possession of the other Villages as well as upon the several Expeditions Carried on by Colo. Clark during his stay in that Country which greatly impair’d his health and Constitution, and Colo. Clark seeing the Zeal and Fidelity of your Memorialist he beg’d he would enter into the Service and Offer’d him the Posts of Qr. Master and Commisary the only two departments he found most difficult to fill up in that Country which your Memorialist from his Sincere Attachment to the Cause of America Accepted of tho’ greatly Prejudicial to his Commercial Interest
That during Colo. Clarke’s stay in the Country, and after his departure under Colo. Montgomery your Memorialst. Strain’d every nerve for the good of the Service and when a powerfull Nation of Indians the Kickapous bitter Enemies to the Brittish came to Speak with the Superintendant of Indian Affairs, Relating their distresses and requesting some Assistance from him to Enable them to Cloath their Women and Children and Amunition as well to kill provisions for themselves as to Annoy the Brittish and their Indian allies Enemies of America declaring that without these Supplies they should be Obliged to go to Detroit and make peace with the Brittish in order to procure such things as they Absolutely Wanted
The Superintendant Captain Leonard Helm in Jany. 1780 being Unable to procure the Necessary Articles for these Indians Owing to the Depreciation of the paper Currency and Bills of Exchg. not being regularly paid (both which was then known in that Country) Applied to your Memorialist to procure him Sundry Articles to give the Indians which the Memmorialist had not then in his possession but procur’d on his Credit and the Indians were sent away well satisfied
That your Memorialist as well upon this as all former Occasions for the Merchandize &ca. he Supplied for the use of the State of Virginia at the Rate of Gold or Silver prices, has received no other payment than Equal Sums of Continental Currency or Bills of Exchg. the greatest part of the former he lent the Commanding Officer Colo. Montgomery for the Recruiting Service and for which he Received Bills of Exchg. upon the Treasury of Virginia
That the Memorialist hath never yet received any pay during the time he has been in the Service
That the Memorialist upon the Illinois being Evacuated and he having Advanced for the State all property he had in his Possession belonging to his Brother &ca. was Obliged to leave the Country by Consent of the then Commanding Officer Captn. John Rogers who gave him Recommendatory Letters to Gentln. in Virginia herewith shewn you Went down the Mississipy to New Orleans in order to procure a passage to Virginia by Sea Was reduced to great Distress for want of money so that he was forced to Apply to the Spanish Commandant who only granted him a passage to the Havanna from whence he took his passage in an American Vessel wherein he had the Misfortune to be Captur’d and Carried prisoner to New York from whence he is lately Arrived in this City
That the Memorialist transmitted to his Brother in this City Colo. Montgomerys Bills to the Amount of 6484⅔ Dollars which he sent to Virginia Several Months past but Received no payment upon them
That the Memorialist has now in his possession one other Bill drawn by Colo Montgomery for 1590 Dollars being the Amount at Gold and Silver prices of the Goods Supplied the Indians as before Mentioned
The Memorialist having had Entire Confidence in the Honourable Reimbursement of those Supplies, furnished for the State of Virginia a Disappointment will Involve the Memorialist in the greatest Distress as well as greatly Injure his Brother who so Cheerfully directed that all his Effects and Credit in the Illinois Country should be Employed for the use of such American Troops as might Arrive in that Country
The Memorialist therefore prays your taking the premises into your Consideration and to point out some Mode in which he may procure his Demands so Justly due from the State of Virginia
Dan Murray


Title: To James Madison from Edmund Pendleton, 31 December 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga Decemr 31. 1781
Since my last Mr Jefferson’s honourable acquittal of the loose sensure thrown out at Random on his character, hath come to my hand, and I send you a copy, which I doubt not you’l have published in one of the Phila. papers, that this stain may be wiped out whereever it may have reached. I am assured by a member of the Assembly that it was entered Unanimously in the House of Delegates & he believes in the Senate, tho’ the Clerk has omitted it in my copy.
I am told Genl. Nelson will also receive a Vote of thanks & approbation of his conduct, from a conviction that what he did wrong was imputable to a mistake in his Judgment & not from a corrupt heart. I am satisfied of the Integrity of his mind, but whether that should intitle him to more than indemnity, I doubt, however I have no uneasiness at their going further.
The business of finance hath at length ended in a Bill for funding all our paper, wch ceases now to be a tender, & is to be brought into the Treasury before October next, & burnt. Certificates are to be given in Specie at 1 for 1000 payable in 1779 & to bear Interest in the mean time. All former payments are to stand as made, but a scale of depreciation is fixed for adjusting All subsisting money Contracts. a Rider was added by the delegates to compel the Receipt of all paper tendered & refused, but it was thrown off by the Senate, as mounted to serve the particular purpose of a Delegate.
The scheme of taxation is one pct on lands, 10/ on slaves. 2/ on horses & 3d on cattle. Also 1 pct on all goods imported. The law for impowring Congress to lay their tax is suspended, upon information that other States had not acceeded to it; the Govr however is impower’d to give it force again, upon receiving proofs of the agreement of a Majority of the States to the measure. They have thank’d all the officers & Particularly the Marquis to whom they have voted a Bust, but have done nothing in the recruiting buisiness or Western Countrey, & It is thought will not, as they mean to adjourn in a day or two, if they can keep a house even for that time. Mr Jefferson, I am told, declines coming to Congress, nor do I learn that they purpose choosing another in his room. pray accept my wishes for your enjoying many returns of happy years & beleive me to be truly
Yours
Edmd Pendleton
Who commands at N. York? does Sr Harry continue, or obey the order for his recal?


Title: Virginia Delegates to Benjamin Harrison, 1 January 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philada. Jany. 1st. 1782

A Letter from Genl Heath who commands the army on the North River, dated the 26th. Ulto: informs Congress that an intelligent person from N. York had reported to him that an embarkation of troops was taking place there, that he saw a part of them going on board, and a number of dragoon horses hoisted into the Vessels, that he was told by a Captain with whom he was well acquainted that Genl Leslie had written to Genl Clinton that unless he was reinforced with nine hundred men he could not defend Charlestown, that a much larger number than that were to embark, that besides Charleston they were destined to Georgia & Augustine. The person did not know all the corps that were to embark but was informed there were to be some British, some Hessians, & the new-raised corps, of which Robinsons & the N. York Volunteers were particularly mentioned. They appeared to be bringing down much baggage to the wharves. It was said they expected to have the whole on board by the sunday preceding the date of the letter.
Although the general plan of our official correspondence excludes unauthenticated intelligence, the successful enterprize of the Marquis de Bouilli agst. the island of Eustatius, is attended with so many marks of reality that we can not well omit it. The article in the inclosed gazette under the Antigua head in particular, is little short of confirmation of it.
We have the honor to be with the highest respect & esteem Yr Excellency’s Obt. & very hble Servts.
Jos: JonesJ. Madison Jr.Edm: Randolph


Title: Report on Instructions on Peace Negotiations, [7 January 1782]
From: Madison, James
To:

Editorial Note
Urged by Conrad Alexandre Gérard, then French minister to the United States, Congress in 1779 debated at length about the terms of peace to be imposed upon Great Britain after her defeat in the war. That she must acknowledge the independence of the United States as a prerequisite to negotiating peace terms was stipulated without difficulty, but the proposed “ultimata” concerning boundaries, the navigation of the Mississippi River, and the Newfoundland fisheries revealed sharp differences of opinion within Congress, marked by a fairly definite cleavage between the New England and the southern delegates.
The “struggle over the fisheries, which was begun in early February [1779] and continued almost without cessation until the middle of August, was,” according to Edmund Cody Burnett, “one of the most protracted, as it was probably the most hotly contested parliamentary battle ever waged in Congress. Without question no other contest stirred so violently the great deeps of Congressional bile” (The Continental Congress [New York, 1941], p. 433). Before this struggle lapsed into quiescence during the first days of autumn, Congress had agreed that, although a guarantee by Great Britain of “the common right to the fisheries” was of the utmost importance and must be included in any commercial treaty made with her, this right would not be asserted “on the present occasion” as unalterably controlling the American peace commissioners. The delegates from Virginia supported this decision. Although those from New England naturally opposed it, they probably abandoned their earlier uncompromising stand because of their assurance that John Adams, one of their own number, would be elected by Congress to negotiate the treaties of peace and commerce with Great Britain. Congress further agreed in 1779 that: (1) the sine qua non concerning boundaries would omit Canada and Nova Scotia, although the peace commissioners must endeavor strenuously to gain both territories for the United States; and (2) if Spain would join the Franco-American alliance and drive Britain from East and West Florida, the United States would guarantee the future possession of the Floridas to Spain, provided that she would reciprocally guarantee to the United States “the free navigation of the river Mississippi into and from the sea.” See index to JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XV, under Boundaries of United States; Fishing rights in treaty; Florida, East, cession; Mississippi, navigation of; and Nova Scotia, cession of.
Although the terms of a peace treaty with Great Britain were not an important subject of debate in Congress during 1780, the issue of the navigation of the Mississippi was prominent throughout the autumn of that year in connection with the much-hoped-for alliance with Spain. Contrary to JM’s wishes, the Virginia General Assembly on 2 January 1781 released its delegates from the directive to insist that Spain acknowledge the right of Americans to employ that river freely, including the use of a port of deposit at the mouth. Thereupon, on 15 February, Congress modified the earlier instructions to John Jay by authorizing him to conclude a treaty with Spain, even at the cost of relinquishing the right of the United States to the unrestricted use of the Mississippi and of a free port south of 31° north latitude (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (4 vols. to date; Chicago, 1962——)., II, 92, n. 4; 108, n. 9; 127–34; 202–4; 273; 302–3).
Informed by La Luzerne, the French minister to the United States, that Great Britain might accept as mediators the empress of Russia and the Holy Roman emperor, or either of them, Congress between May and September 1781 reconsidered the peace “ultimata” with exhausting thoroughness and joined four other men with John Adams to constitute a peace commission (n. 3, below). These debates also produced a reaffirmation that a treaty of commerce with Great Britain must acknowledge the “right” of American and French citizens, under the terms of the Franco-American Treaty of Amity and Commerce of 1778, to use the offshore fishing banks of North America. On the other hand, in spite of JM’s opposition, Congress left the matter of western boundaries largely to the discretion of the American peace commissioners, as guided by the French foreign office, and declined to designate the freedom of navigation of the Mississippi from its source to its mouth as indispensable (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (4 vols. to date; Chicago, 1962——)., III, 133, editorial note; 148, and n. 2; 149, n. 3; 150–51; 151–52 nn.; 168, editorial note; 265, n. 2; 273–74).
Although the members of the Massachusetts General Assembly were heartened in the autumn of 1781 by the declining military fortunes of the British in the South, climaxing in the surrender of Lord Cornwallis, they were disturbed because the interests of New England were no longer solely entrusted to John Adams. At the same time, the lessened need of aid from Spain convinced JM that Congress could and should take a more positive stand on what the western boundaries of the United States must be and, above all, on the necessity of a guarantee by Great Britain in the treaty of peace, or by Spain in a treaty of alliance, of the right of Americans to navigate the entire length of the Mississippi River. Moreover, with the danger from the enemy at least temporarily reduced, the sectional and factional controversies within Congress became more acute, the attendance of its members more irregular, and the states even more laggard than before in supplying their quotas of money and troops. In a word, there was good reason to fear lest the union of states would not survive the end of the war. This union, in JM’s view, must continue at least until the attainment of peace. If Congress could agree upon the indispensable terms which Britain must accept, the need of standing firm to obtain them would help to maintain the union until the treaty provided all the states with a common territorial domain and other guarantees.
Amid these circumstances, the Massachusetts legislature on 27 October 1781 directed its delegates in Philadelphia “to Represent to Congress the importance of the Fisheries to this State, and to use their utmost influence that instructions be given to the ministers appointed by Congress for negociating a Peace, in the most pressing manner to insist, that the Free and unmolested Exercise of this right be continued and Secured to the Subjects of the United States of America, in a future settlement of Peace” (NA: PCC, No. 74, fols. 189–92). The printed journal of Congress makes no mention of a session on 17 November, but the directive, according to a note on its docket, was submitted to Congress on that day and referred to a committee comprising James Lovell (Mass.), Daniel Carroll (Md.), and JM. JM’s colleagues on the committee allotted to him the task of drafting the report. By joining the stipulations in regard to the western boundary and the Mississippi River, demanded by southerners, with the stipulation about fishing rights, demanded by New Englanders, JM sought in these instructions to reconcile sectional differences and thereby to check the ominous drift of the Union toward disintegration.
In the Ford collection in the New York Public Library is an undated manuscript, five pages in length, written by Elias Boudinot (N.J.) and docketed by him, “Proposed Instructions to Ministers of Peace.” The contents of the first paragraph, together with the many corrections and interlineations on the first three pages of the document, strongly suggest that Boudinot was preparing, or at least copying, the draft of a letter upholding the claim of the United States to the Mississippi River as its “western & North western Boundary.” Two brief passages on Boudinot’s first page, two on his third page, over half of his fourth page, and all of his fifth are identical or approximately identical in phraseology with passages in the present report. Whether JM copied from Boudinot or vice versa obviously depends upon ascertaining the exact date when Boudinot wrote his manuscript. This date has eluded the editors. Unlike JM’s, Boudinot’s committee assignments between 23 July and 9 November 1781, the period when he last attended Congress prior to the date of the present report (Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, xlvii), had not included any bearing upon instructions to the peace commissioners. For this reason, although clearly inconclusive, the editors assume that Boudinot’s manuscript postdates the one given below.

[7 January 1782]

The Committee to whom was recommitted the several papers relative to the fisheries having duly considered the same & being of opinion that the best security for this object short of admitting it into the Ultimatum for peace will be a representation to his M. C. M. thro’ our Ministers for negociating peace, of its great importance to the U. S. & of the grounds upon which it is claimed & expected; & being also of opinion that a like representation touching the other claims of the U. S. excluded from the Ulti[ma]tum would have a tendency no less salutary, they have prepared instructions to the sd. Ministers on this comprehensive plan & report the same as follows for the consideration of Congress.
That the Ministers plenipotentiary for negociating a peace, or in case they should not be convened, the Minister Plenipo: at the Court of Versailles, be instructed to acquaint his M. C. M. that notwithstanding the occasion presented to the U. S. by the signal & various advantages gained over the Enemy, of enlarging their Ultimatum for peace, the firm reliance which Congress have on the friendship and influence of his Majesty, has determined them not to depart from their resolutions of the  day of  last   by which all the objects of their desires & expectations, excepting only the Independance of the U. S. & their Alliance with his M. are eventually submitted to his Councils: But that in order to make him more fully sensible of the extent & foundation of these desires & expectations they have thought it expedient that some observations should be made to him relative to the several objects which are most likely to fall within the compass of negociation.
One of these objects & which is intimately connected with the independance of the U. S. is the exterior boundary by which their extent is to be defined. On this occasion it is to be observed, that our contest will be with his Britanick Majesty alone. Under his authority the limits of these States, while in the character of Colonies, were established; to these limits the U. S. considered as independt. sovereignties, have succeeded. Whatsoever territorial rights therefore, belonged to them before the revolution, were necessarily devolved upon them at the aera of independence.
Those grounds support the assertion, that the U. S. are bounded, as they are declared to be in the instructions given to Mr. Adams on the  day of August 1779.
As the efforts of his Britannick Majesty will be principally directed agst. the Western & N. Western boundary, the observations on this subject may be confined thereto.
The treaty of Paris in 1763 to which his M. C. M. and the British King were parties, restricted those Colonies wch. were before extended by their Charters to the Sea, to the river Mississippi. To this river then these States will still extend in the same manner unless by some subsequent constitutional & rightful act, their limits have been abridged.
The negociations on this head will probably assume a variety of forms. None perhaps will be more strenuously urged than those which arise from his Britannick Majesty’s proclamation on the 7th. day of October 1763, the treaty of Fort Stanwix in 1768 between him & the six nations, and the British Statute in 1774, establishing among other things the boundaries of Quebec.
1. If it can be supposed, that the purpose of the Proclamation was to affect the boundaries of the U. S. it must be remembered to be the act of the very Prince against whom we contend; that it preceded a short time only the manifestation of those wicked & oppressive measures which gave birth to the Revolution, and that it directly interfered with the rights accruing to the Colonies by the antient & more solemn acts of his predecessors.
But by the prohibition to the Governors of the other Colonies than of Quebec, E. Florida or W. Florida, to grant warrants of survey, or pass patents, “for the present, and untill his (the Britis[h] King’s) farther pleasure sd. be known,” for any lands beyon[d] the heads or sources of any of the rivers which fall into the Atlantic ocean from the West & North West, is strongly shewn an opinion that there were lands beyond the heads of those rivers, within the grants of the Governors.
By the prohibition too to grant warrants of survey or pass patents for any lands whatever, which “not having been ceded to or purchased by the British King were reserved to the Indians or any of them,” a restriction of territory could not have been designed by a King, who granted the Charters to the Colonies, knowing that they would interfere with the rights of the Indians—who has always considered a cession or purchase from the Indians, not so much the source of a title as a milder means of preventing their hostility—who since the date of the proclamation has granted through the prohibited Governors themselves, large quantities of land beyond the heads of those rivers, & whose own Geographer in a map describing and distinguishing the British, Spanish & French dominions in America according to the aforesaid Treaty of Paris, carries the States of Georgia, N. Carolina, S. Carolina & Virginia as far as the Mississippi.
In a word this part of the Proclamation seems to have been intended merely to shut up the land offices, not to curtail limits, to keep the Indians in peace, not to relinquish the rights accruing under the charters, & particularly that of preemption.
2. The Treaty of Fort Stanwix is susceptible of a similar answer by viewing it as an instrument of peace, not the conveyance of a title. For there is reason to believe, that the British King has never ratified it; and yet it is notorious that his Governors have granted lands within the Cession then made.
If it be said that the authority to grant those lands was derived from the Treaty of Lancaster in 1744, here then is a forcible illustration of our Doctrine. For on what principle, but on account of peace, could the British King have attempted to procure a new Cession of the same Country? on the other hand, if the authority to grant those lands was not derived from the Treaty of Lancaster, it can rest on no other foundation than that of his Charters.
3. The Quebec Act is one of the multiplied causes of our opposition & finally of the revolution. No stress therefore ought to be laid on it, even if in its operation it abridged the boundaries of the States. But the provision that nothing therein contained, relative to the boundary of the province of Quebec should in any wise affect the boundaries of any other Colony, excludes such an operation, & confirms chartered rights.

Should G. B. retain that portion of the U. S. bordering on the Mississippi, the neighbourhood of her possessions will be imminently dangerous to our peace. Should she also retain Canada & W. Florida, or even Canada alone, by applying herself to the settlement of that Country, and pushing on her trade there with vigor, a new nursery for her marine will speed[il]y be established.
From a full confidence that the Western territory now contended for lay within the U. S. the British posts therein have been reduced by our Citizens and American government is now exercised within the same; large bounties of land have been promised to the army, and we have relied on it as an important source for discharging the debts incurred during the war.
For a considerable distance beyond the Apalachian Mountains & particularly on the Ohio American Citizens are actually settled at this day. By the surrender therefore of the W. territory to G. B. a large number of fencible men, men too who have not been behind any of their fellow Citizens in the struggle for liberty, would be thrown back within her power.
But a decisive objection exists against this mutilation of our Country, that the principle by which it would be limited to the distance of a Mile only from the Mississippi, would justify mutilations to an immense extent.
Another claim is the common right of the U. S. to take fish in the N. American seas & particularly on the banks of N. foundland. With respect to this object the sd. ministers are instructed to consider & contend for it as described in the instructions relative to a treaty of Commerce given to J. A on the 29th of Sepr. 1779, as equally desired & expected by Congress with any of the other claims not made ultimata in the instructions given to the Ministers plenipo for negociating a peace on the  day of  last, & are therein referred to as objects of the desires & expectations of Congress. They are also instructed to observe to his M. C. M. with respect to this claim, that it does not extend to any parts of the sea lying within three leagues of the shores held by G. B. or any other Nation. That under this limitation, it is conceived by Congress, a common right of taking fish cannot be denied to them without a manifest violation of the freedom of the seas, as established by the law of Nations & the dictates of reason; according to both which the use of the sea, except such parts thereof, as lye within the vicinity of the shore & are deemed appurtena[nt] thereto, is common to all nations, those only excepted, who have either by positive convention, or by long & silent acquiescence under exclusion, renounced that common right; that neither of these exceptions militate against the claim of the U. S. since it does not extend to the vicinity of the shore, and since they are so far from having either expressly or tacitly renounced their right, that they were prior to the war, though indeed not in the character of an independt. nation, in the constant, & even during the war, in the occasional exercise of it; that although a greater space than three leagues has in some instances been, both by public Treaties & by customs, annexed to the shore as part of the same dominion, yet as it is the present aim of the Maritime powers to circumscribe, as far as reason will justify, all exclusive pretensions to the sea, and as that is the distance specified in a treaty to which both G. B. & his Majesty are parties, & which relates to the very object in question, it was supposed that no other distance cd. in the present case, be more properly assumed; that if a greater or an indefinite distance should be alledged to be appurtenant by the law of Nations to the Shore it may be answered that the fisheries in question, even those on the banks of Newfoundland, being of so vast an extent, might with much greater reason be deemed appurtenant to the whole Continent of N. America, than to the inconsiderable portion of it held by G. B; that Congress expect with the greater assurance the concurrence of his Majesty in these ideas, since his own claim to the fisheries wd. by a contrary doctrine be suspended on the mere concession of G. B. instead of resting on the solid & honorable basis of the law of Nations & of right; that if G. B. cannot by virtue of her occupancy of the shore claim an exclusive use of the fisheries beyond the vicinity thereof, and a right to the common use is incident to the U. S. as a free & independent community, they cannot admit that they have no such right without renouncing an attribute of that sovereinty which they are bound as well by respect for his Majesty’s honor as for their own interests & dignity to maintain entire; that this right is no less indispensable in its exercise than it is indisputable in its principles, the inhabitants of a considerable part of the U. S. being dependent thereon both for a material proportion of their subsistance, & for the means of their commerce; and as they were in the full enjoyment of this resource prior to the revolution, the loss of it by an event from which very different expectations have been cherished, and which ought to bestow as far as possible equal advantages on all who have laboured equally for its accomplishment, could not fail to be attended with disappointment & mortifying comparisons: that from these considerations Congress have the most earnest desire as well as the most sanguine hope that his Majesty’s efforts will obtain for his Allies a stipulation on the part of G. B. not to molest them in the common use of the fisheries as above stated; or if insuperable difficulties should oppose a positive stipulation in their favor, that his Majesty will in every event find means to avoid a surrender of that common right; that whilst however this latter expedient is suggested to his Majesty it cannot escape his discernment, that it is so pregnant with dangerous consequences, that the former cannot be contended for with too much urgency & zeal.
That with respect to the confiscated property of those who have adhered to the interests of the Enemy, & which may possibly be claimed for the former owners the aforesaid Ministers are to observe to his Majesty, that these confiscations having taken place more or less in almost all the States, and having undergone various transfers from individual to individual, a specific restitution is absolutely impracticable; and when the vast amount of them is compared with the ravages & burdens which the war will leave behind it, an equivalent restitution wd. be little less than impracticable, that as the general usage of nations, as well as the particular law of G. B. excludes aliens from holding real & immoveable estates, the moment our national independence was assumed, the titles of all those who on or prior to that event espoused the side of the Enemy, became under strict construction, extinct: and that such as afterwards deserted to them falling under the denomination of Traytors, have forfeited not only their estates but their lives to their Country; that although it were to be admitted that the peculiarity of circumstances which distinguish the present war between the U. S. & G. B. from a war between two nations seperate & independent at its origin, affords some plea for reversing the confiscations, this consideration is far outweighed by the great value of which the Citizens of these States have, contrary to the laws of war, been despoiled by the Enemy, and the still greater losses which they have suffered from wanton destructions; in both which, those who have fled or been expelled from their Country, have been often the chief instigators & instruments, and by the first of which many of them have enriched themselves greatly beyond their losses.
That the Ministers further observe to his Majesty that any stipulation authorizing such fugitives & exiles from their Country to return into it wd. not only be dishonorable to the Governments of these states, but so obnoxious to the people at large, and especially to such as have been the objects of their outrages, that it is the particular wish of Congress that it may be most strenuously opposed; that such a permission is the more to be dreaded as it cd. only be intended for such as are totally devoid both of honor & sensibility who alone wd. avail themselves of a privilege that wd. subject them to the indignation & resentments which they had provoked.
That as it is not improbable the subject of commerce will among others be introduced into the negociation, the Ministers be instructed to observe thereon to his M.C.M that the U.S. as a free & sovereign nation being the absolute masters as well of their Commerce as of their Government, no claim of right can, nor probably will, be pretended with respect to the former, by those who relinquish such pretension with respect to the latter; that it is the wish & the policy of the U. States to preserve their commerce as unfettered as possible with stipulations in favor of nations with which they are now unconnected, and particularly of that with which they are now at war; that this policy can not but coincide with the sentiments of his Majesty since it alone will leave to his Allies the future opportunity of manifesting their preference of his interests to those of his Enemies & rivals: that Congress do for these reasons most earnestly desire, expect & intreat that his Majesty will spare no efforts that may be necessary to exclude from a Treaty every article which wd. restrain the U. S. from imposin[g] on the trade of G. B. any duties, restrictions or prohibitions which may hereafter be judged expedient; Unless & so fa[r] only as, a relaxation in this point may be essentially necessary for obtaining peace, or the several objects above mentioned.


Title: To James Madison from David Jameson, [ca. 12 January] 1782
From: Jameson, David
To: Madison, James

Dr. Sir
[ca. 12 January 1782]

By last Post I told you Mr Stark had written to you about your Accot. in a conversation with him since on the subject, I find I was mistaken, he intended to write but did not, because he could not fill up the blanks. He expected the Assembly would have fixed the allowance but they have not done so. He wishes you to send a state of the whole Accot. at one view We have put into Mr Ross’s hands a Bill of Exchange for about £900 sterling. that, or the value, he will send to the Delegates. I shall be glad to know how long this will last, that some method may be fallen on to procure more in time—what this method will be I do not now know, as the assembly have with the stroke of a pen put it out of the Agents power to do anything. After encouraging him to make large contracts in behalf of the State, they have repealed all the Laws by which he was to make good those Contracts. And they have put nothing in the power of the Executive, until the Revenue and new Specific Acts can be enforced. I hope however you will somehow or other be better supplied than you have been, for let us at home suffer what we may it is cruel, it is shameful, to let those who serve the State abroad suffer. for the quarters Salary due to the Council the first day of April, they recd. as much paper Money as would purchase only £72 Specie. Since that time, no officer of Government has been paid a shilling. the last Assembly fixed their pay in Specie, but as there is no Specie, nor any thing in hand that will raise it, some of them (I am told) have within these few days taken Auditors Warrants to the amount of their pay, and sold for less than a third of their nominal Value Some who have more paper Money than will pay their arrears of taxes, are selling it for Specie at 3000 for one, rather than carry it into the Treasury & take certificates. There is but little Specie in the state—not any in the Treasury—and those whose services are required by the State, will not take certificates, so that the meanest Coblar can now obtain Credit where the State cannot. how humiliating, how hurtful to the feelings of every friend to his Country: And where it will end God only knows. While the tax payable in Tobacco continued in force, the State had some Credit, but that being set aside we are now quite Bankrupt. I write this only to yourself. Can any method be fallen on to releave us by a loan or otherwise? On looking over the dispatches by Irish recd. while I was below, I find you understood that the Bill drawn in his favour, was to be paid out of the 4/10 of the 18t. of March money. The Bill is not now in Town, therefore I cannot speak possitively, but I am pretty sure it was drawn on our Treasurer And we never did conceive ourselves or the Treasurer of the State to have any controul of that money—nor ever ordered the payment of a shilling of it on any occasion You some time ago asked why we desired the British prisoners to be removed. it was on supposition we must guard and feed them if they remained in the State, which it was not in our power to do, unless Congress would have furnished Specie for the purpose; and that we had no reason to expect. The people in that part of the Country supposing they were to have their provisions taken from them & to receive certificates as usual; expresly refused to supply them. Had we known Congress intended to feed them by contract and to pay Specie, the people would have been very glad to keep them. it would indeed have been a considerable benefit to the State, and particularly to the Counties near Winchester
We are again disapointed by having no Mail from the Northward. I suppose you have had hard frost. We too have had some severe Weather. Tuesday last was I think as cold a day as I ever felt, the frost continued, and thursday evening it began to Snow, & contd Snowing all yesterday. however it is not very deep
I am Yrs sincerely
David Jameson


Title: Virginia Delegates to Benjamin Harrison, 15 January 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philadelphia Jany. 15. 1782.

Having informed your excellency in our last letter, that we should repeat our dispatches, transmitted to Capt. Irish, unless you should announce the receipt of them by yesterday’s post, and hearing nothing from the executive, we shall prepare them for the mail of the next week. We unfortunately supposed, that he would convey them in the most expeditious manner. But we have now reason to believe, that his delay on the road has been occasioned by sickness.
The inclosure contains an answer to the letter, addressed to General Washington by the speaker of the house of delegates on the subject of thanks. We beg leave to consign it to your excellency’s care.
We have the honor, Sir, to be with great respect and esteem yr. mo. ob: servt’s
Jas. Madison Jr.Jos: Jones.Edm: Randolph.


Title: Benjamin Harrison to Virginia Delegates, 15 January 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
In Council January 15th. 1782

The inclosed resolution of the Assembly just came to hand directing no money to be paid or specifics delivered but by special order of Congress or the Financier General You will please therefore to put it in such a train that Congress may avail themselves of any supplies we may be able to furnish them. I am &c
Benja Harrison


Title: To James Madison from Edmund Randolph, 15 January 1782—Misdated
From: Randolph, Edmund
To: Madison, James

Editorial Note
15 January 1782[3]. The contents of this manuscript in the Madison Papers of the Library of Congress make certain that Randolph inadvertently dated it one year before he wrote it.


Title: From James Madison to Edmund Pendleton, 22 January 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Jany. 22d. 1782

The post having not yet come in I have not the pleasure of acknowledg[in]g yours which I make no doubt he brings for me.
Congress are much occupied & perplexed at present with the case of Vermont. The pretensions of that settlement to the character of an independt. State, with the grounds on which they are made & the countenance given them by Congress are I presume pretty well known to you. It has long been contended that an explicit acknowledgment of that Character and the admission of them into the federal Union was an act both of Justice & policy. The discovery made through several channels & particularly by the intercepted letters of Ld. G. Germaine added such force to the latter of these considerations that in the course of last summer preliminary overtures were made on the part of Congress for taking them into the confederation, containing as one condition on the part of Vermont that they sd. contract their claims within the bounds to which they were originally confined, & guaranting to N.Y. & N.H. all the territory without those bounds to which their encroachments had been extended. Instead of complying with this condition they have gone on in their encroachments both on the N.Y. & N.H. sides & there is at this moment every symtom of approaching hostility with each of them. In this delicate crisis the interposition of Congress is again called for, & indeed seems to be indispensable; but whether in the way of military coercion, or a renewal of former overtures, or by making the first a condition of a refusal of the last, is not so unanimously decided. Indeed with several members & I may say States in Congress a want of power either to decide on their independence or to open the door of the confederacy to them is utterly disclaimd, besides which the danger of the precedent, & the preponderancy it wd. give to the Eastern scale deserve serious consideration. These reasons nevertheless can only prevail when the alternative contains fewer evils. It is very unhappy that such plausible pretexts if not necessary occasions of assuming power should occur. Nothing is more distressing to those who have a due respect for the constitutional modifications of power than to be obliged to decide on them.
We have nothing fresh from Europe. We are informed by the way of N.Y. that the Earl of Dunmore has arrived at Charleston to claim from Earl Cornwallis the fulfilment of his promise. No individual[s] in his Suite are named.
I am Dr Sir Yr Sincere friend & hbl servt
Js. Madison Jr.
We have fresh & indubitable confirmations of the apostasy of Deane from the Independence of his Country


Title: From James Madison to Edmund Randolph, 22 January 1782—Misdated
From: Madison, James
To: Randolph, Edmund

Editorial Note
22 January 1782[3]. The manuscript of this document is now missing. A printed copy is in Madison, Papers (Gilpin ed.)Henry D. Gilpin, ed., The Papers of James
          Madison (3 vols.; Washington, 1840)., I, 111–12. Many years after writing the letter, JM selected at least a portion of it for inclusion in the earliest edition of his papers. Either JM misdated the letter a year too early, or Gilpin mistook JM’s “3” in “1783” for “2.”


Title: Virginia Delegates to Benjamin Harrison, 24 January 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philadelphia Jany. 24. 1782.

The minister plenipotentiary of France communicated to us this afternoon the inclosed extract from a letter of Count de Vergennes. We are happy to find, that the supplies, which your excellency negotiated with the minister, are ready for transportation to our country. Being informed, that the last letter, which you received from Mr. Luzerne on this subject, threw a damp on the prospect of obtaining them, we conceive that no particular steps have been taken for the forwarding of them. Fearing too, lest a delay in sending them on might prove injurious, if not fatal, to Virginia, we answered the communication by the inclosed letter. We trust, that, howsoever we may have passed beyond the bounds of our authority in this matter, it is justified by the present situation of things: since it is probable, that, unless the Hermione, which is now ready to sail from Virginia, should be the bearer of some direction for the conveyance of these stores, they may be witholden from us for a twelvemonth, and the express cannot wait, or indeed call at Richmond for an answer from the executive.
If, however, we have counteracted any scheme, which your board may have adopted in this business, it is possible, that the mischief may be corrected, by contradicting our dispatches, in a letter, addressed to count de Vergennes and sent by the Hermione.
We have the honor, sir, to be with great respect your excellency’s mo. ob. servts.
Jos: Jones.J Madison Jr.Edmund Randolph.


Title: Virginia Delegates to La Luzerne, 24 January 1782
From: Virginia Delegates
To:

Sir
Philadelphia January 24th. 1782

We have taken into consideration the Communication which you were pleased to make us this afternoon of that part of his Excellencys Count de Vergennies late Letter which relates to the mode of forwarding the supplies furnished by his Court to the State of Virga. Being Sensible of the difficulties under which our Country labours from the want of Military Stores, we cannot do otherwise than recommend that those which our generous Ally has directed for the use of Virginia, should be forwarded in French bottoms without delay. We are confident that every measure tending to the secure transportation of these Stores will be adopted, and particularly that they will be sent under a convoy of a convenient force, if it be practicable.
We shall inform the Governor of Virginia of the Steps, which we have now taken, and doubt not that they will prove acceptable.
Altho’ Mr. Harrison who negociated these Supplies with you mentions in his Letter of the 29th. of May last, the propriety of sending them to the Delaware, yet we beg leave to refer you to his preceding Letter of the 17th. of Feby. in which he observes “that it would add greatly to the obligation if the Stores could be transported in a Frigate to York Town in Virginia.” The latter Letter having been written at a Season when our ports were infested by British vessels we conceive that the former suggests, for our present circumstances, the most convenient & advantageous plan.
But should the position of the Enemy make it unsafe to enter Chesapeake bay, we are convinced that due precaution will be taken.


Title: To James Madison from David Jameson, 26 January 1782
From: Jameson, David
To: Madison, James

Dr Sir
Richmond Jan 26. 1782

I am sorry to inform you we have had no Mail this week from the North of Potowmack In my last I mentd. Gen Greenes requisition and I believe told you the Executive have no power to send Militia out of the State nor have they power to raise supplies of any sort. I expected they would call the Assembly but that is not determined on Cap Ragsdale went to Count Rochambeau who has consented to send the Legion of Lauzun (about 600 Horse & foot) to Peytonsburg, there to wait Gen. Washingtons orders whether they shall proceed to So. Carolina or not—they are to leave Wmsbg. early in next Week. Febigers Batallion is still in this state also Col Armands Legion— I am very sorry they are not in motion. the Officers of the former it is said will not march without money, the latter waits for their clothes to be made up
I send you one of the Acts of last Session on Acct of the scale of depreciation, wch. if I may give an opinion is not an equitable one. I send you Nicholson & Prentis’s paper— they ask the favour of you to give them now & then pieces of intelligence in exchange for this paper wch. I will convey to them while I am in this place. if you wish to have Hayes’s paper sent to yourself let me know it. Did I tell you that there is an act to collect 2 lb Bacon & half a bush. Wheat p[er] tithable but they may be commuted for at 6d. the pound & 3/ the bushel Speice— this act is not yet printed. I sent you the Revenue act last post
adieu Yr obt Ser
David Jameson


Title: To James Madison from Edmund Pendleton, 28 January 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir.
Virga Jany 28th 1782

I have yr favr of the 8th. The Objections yr Bank was to encounter had not occurr’d to me, since if such a measure was useful, it seems necessary that Congress should have power over the Regulations which were to direct its operations, it being of General & not local concern, and as the confederation had not given such a power, the medium adopted appears to be the proper & indeed the only recourse[,] to call for the Individual confirmation of the States, to the granting which I se[e] no possible objection, but on Account of the restriction in your scheme upon the Institution of State Banks, which at some future day may become very useful & necessary. Whatever evils may have been experienced & ever will be, from a Redundancy of paper Credit, yet my opinion is that the History of all Countries, as well as the reason of the thing, prove that the circulation of a moderate quantity of paper may be made in every Countrey without danger of depreciation & with many advantages to Commerce & business even Superior to the precious metals. Its locality, the principle source of Objection, has its use in preventing that stagnation in a circulating medium, which in the Flux & reflux of the Metals will unavoidably happen, especially since the Marchants have practiced the import and export of those as a subject of trade, as they rise at one Market and fall at another, instead of a mere Medium or representative of Ballances in Barter: Of all kinds of paper circulated as the representative of money, That of a Bank has undoubtedly the preference, because it has a real constituent, a stock of Cash deposited & kept always ready to take its place when any foreign purpose shall make it necessary, whereas if we were ask’d what our late paper represented? Candor would compel us to answer, what it has come to: Nothing. I can foresee that when the Mass of paper is totally anihilated, and before a general free trade takes place, we may be distressed for a sufficient medium of Commerce & might prefer a Bank scheme to any other, & why should we be restrained[?] If it be said that the States might increase their Bank so as to answer the purposes of all the States in the Union, I answer that a general & equally valuable circulation of Bank notes can only prevail to a certain distance from the Bank; as the difficulty of Access to that is increased so will the Value diminish, til a total stop is put to its circulation—for instance suppo[s]e a Man at Charles Town with a Bank note applying to a foreign Mercht to purchase goods, he would refuse it, since in Vain would the holder say you may have gold for it by going to the Bank, since that would require another Voiage, not a very short one, to accomplish; In Philadelphia the note would be taken with Avidity. The notes of the Bank of England circulate indeed to a great distance, but so does the trade which centers in London; and yet that Bank has no such exclusive restrictions, a multitude of other Banks subsist & with other mediums supply all Occasions of Commerce without experiencing inconvenience; that is not the Case in America. Phila. is not nor ever will be the centre of its trade, tho’ a considerable Branch, and remittances from the different states, will be much oftner wanted to other parts than to that City.
I hope the states comply with the recommendation respecting the forfeiture of British Goods, since tis a most ungrateful & Impolitic abuse of the kindness of our Allies to throw the money they so generously supply us with, into the hands of their & our Enemy, to the neglect of their trade. Wisely & Prophetically did honest Genl Gadsden say to Congress in 1774, “Take care, or yr liberties will be traded away.”
By letter just received from Genl Green’s camp of the 28th past I find he was alarm’d for his Situation, having certain & Authentic Accts that the Cork fleet with 4 Regiments of Infantry & two of dismounted Dragoons, Victulars & Store Ships, & 3 Regts from New York, were seen on the Coast going into Charles Town, wch would give the Enemy a Superiority, that would oblige him to abandon the Countrey to their ravages, Or Sacrifice the remains of his brave little Army: a dreadful alternative. I am
Yr very affc
Edmd. Pendleton


Title: From James Madison to Benjamin Harrison, 1 February 1782
From: Madison, James
To: Harrison, Benjamin

Sir
Philada. Feby. 1st. 1781. [1782]

Your Excellency’s favor of the 19th. Ult. notifying to me the desire of the Executive to associate me with the Revd. Mr. Andrews in settling the boundary between Virga. & this State, came to hand this moment. That no disappointment may retard the business I embrace the immediate return of the post to inform the Executive that although I am duly impressed with this mark of their confidence & am much disposed to render every service to my Country, yet I am constrained to decline the one to which I am now called. Mathematics & astronomy did not make the principal branch of my academic studies, they have made no part of them since I have been engaged in a different sphere, & the little knowledge I originally had of them was merely theoretical. I find myself therefore not qualified even for the office of an auxiliary to Mr. Andrews, much less to step into his place in case of accident. The skill of the Commissioners on the part of Pennsylvania requires that Virginia should oppose to them none but men who are masters of the subject. I am sorry that it is not in my power to point out any one here who is entitled to this description & otherwise unexceptionable. I will however make enquiry, & communicate the result by the next post. In the mean time the Executive will be sensible of the expediency of providing if possible some person within the State to accompany Mr. Andrews.
I will endevour to obtain the decisive information you wish for relative to Bringhurst.
I am Sir with great respect & esteem yr. Excellys. Most Obt. & humble Servt.
J. Madison Jr.


Title: Virginia Delegates to Benjamin Harrison, 1 February 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philadelphia Feby. 1. 1782.

The post of the present week having failed to arrive in this city on its usual day (Tuesday) and our letters not coming to hand until this morning (Friday) we can answer your excellency’s favor of the 17th. instant only by acknowledging the receipt of it.
We have the honor sir to be with great respect yr. excellency’s mo. ob. sers:
Edm: Randolph in behalf of the Virginia delegation


Title: Benjamin Harrison to Virginia Delegates, 2 February 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Council Chamber February 2d 1782.
We have received none of your Favors by the last two posts, nor has any Northward Mail come in. I suppose the Badness of the Weather as usual stopped them on the road.
On looking over your letter by Captn Irish I find that you suppose the bill drawn payable to him was for part of the four tenths of the new Congress money as it is called; in this I fancy you are mistaken, as the Gentlemen of the Council assure me it was drawn on the State Treasurer, which I think must have been the Case or it would not have been presented to them. I shall look into the matter and if you are not mistaken, order the money to be paid, tho’ it is out of my line as this board have never yet interfered in any manner with it. I have called on the Loan Officer in whose hands that money is, and been informed by him that he has a pretty considerable Sum by him which I have ordered him to retain till he hears from me; which will be as soon as I can get an Answer from Irish.

We have not one Syllable of news stirring except that the French Legion will move in a few Days for Peytonsburg to be in readiness to join Genl Green if Genl Washington should so order it.
I am &c
Benjamin Harrison
P S. You will please to forward the inclosed Letters to Monsr Mazzei by different Opportunities


Title: From James Madison to Benjamin Harrison, 7 February 1782
From: Madison, James
To: Harrison, Benjamin

Sir
Philada. Feby. 7th. 1782
According to my promise by the last post & to your Excellency’s request I have made enquiry for some person fit for the service which my unfitness obliged me to decline, but with as little success as I expected. If skill in the business alone were requisite, it would perhaps be not easy to find one duly qualified & willing to undertake it, but as some particular tie to the State with whose interest he is to be charged is equally indispensable, a proper associate for Mr. Andrews can not be sought for with any hope of success out of the State itself.
I have had no opportunity yet of seeing or hearing from Bringhurst.
I am Sir with great respect & esteem yr. most obt & hble Servt.
J. Madison Jr.


Title: Virginia Delegates to Benjamin Harrison, 8 February 1782
From: Virginia Delegates
To: Harrison, Benjamin

Philadelphia, Feb. 8, 1782.
It was found that great quantities of British goods, were brought by circuitous commerce into these States, that this trafic tending to strengthen the Enemy both policy and interest required should be suppressed during the War, that the money lent us by the French nation to support our credit and enable us more vigorously to prosecute the War ag’t the Common Enemy was chiefly employed in this injurious Commerce, that France seeing her aid of money applied to such nefarious purposes and no effectual measures taken by the United States to prevent it, complained of this trafic so hurtfull to both nations, … we wish to retain the French nation as friends, but not to admit them into our Councils.… The establishing of a National Bank under our particular circumstances appeared to Congress a desirable object, and if properly supported by the authority of the several States, promises to be generally useful, &c.


Title: Benjamin Harrison to Virginia Delegates, 9 February 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen,
Virginia In Council February 9th: 1782
You will find by the inclosed that the Executive have had under their Consideration the Situation of the Continental Troops and the Staff Departments now in this State, which is so truly distressing both to them and us, that I want Words to give you a just Idea of it. The State you will know from my former letters and your own Sufferings is altogether unable to assist them, not having the Command of a Shilling for the present, nor the least prospect of obtaining money for several Months to come, and what is still worse its Credit is so lost that little or no Support can be obtained from it. This Situation we have reduced ourselves to by blindly furnishing every Thing that has been demanded of us either by purchase or the oppressive mode of Impressment; fatal experience has taught us to act with more wisdom, and to endeavour by Prudence and Oeconomy to set about a Reformation before our Affairs get beyond redress. If we let slip the present opportunity, we are undone, we shall part with the Substance for the empty Boast of having deserved a better Fate.
What we have to ask of you is to call on Congress and to insist that they deal by us as they have done by other States, that is to feed their Troops and to support their Post by Contracts and to furnish their Quartermasters and Commissaries with money to support their several Departments and to fall on Means to give us Credit for whatever we have or may furnish out of the money Demands that are made on us. We wish not to exonerate the State from a single Farthing of its due Proportion of the American Burdens but we have a Right to share Benefits in common with the other States and can not support the Southern Army alone any longer
I am in great Hopes this Business will be in a proper Train before this reaches you as I have written pretty fully to General Washington on the Subject by Colo. Carrington, and the Colo. himself is perfectly acquainted with our Situation and possessed of my Sentiments on the Subject. Should this be the Case we would leave you to your own Discretion either to make the demand or not as you shall think most adviseable, but by no Means to omit it if you find such Steps are not taken as will bring about the desired End.
Since my last Irish’s Bill has been presented. At first Sight I thought as you did, that the Money was to come out of the four tenths of the new Continental Money, and gave orders to the Commissioner of the Continental Loan Office to pay it. He called on me yesterday and satisfied me I was under a Mistake, and that the Money was expected from our Treasurer, out of our Proportion of three Millions of that kind of Money demanded by Congress by a Resolution of the 22d: of May 1781, which Money we truly say has been long since expended for Continental Purposes, and therefore that we are not able to pay it again
We are made extremely happy by your favor of the 24th: ulto. And much approve of what you have done. I do not remember exactly what I wrote to [the] Chevalier on the Subject from Charlottesville and have no Copy of the Letter to refresh my Memory having destroyed it when I betook myself to the Mountains, however I recollect that I accomodated my Letter to the then Situation of the Country as I did indeed when in Philadelphia; at both of these Periods the Enemy were in Possession of Portsmouth. York Town was therefore the only Place where the Stores could be landed or the Ship lay in any Kind of Safety. It was therefore my first Wish that she should get to that Port if it should be found practicable, but if not that they should be landed in the Delaware, but as the Face of Things is so happily changed, I now wish that they may be brought as high up James River as Hoods where the Ship may be in perfect Safety and be dispatched in a very short time; and I beg you to make this Alteration if it is in your Power. No Steps have hitherto been taken in this Business for a variety of Reasons, but one alone suffice[s], viz, we were able to take none, but as that is not altogether the Case at present and a Delay must not take Place, Youl please to inform us from what port the Stores will be shipped and what pro[s]pect you have of getting one of the King’s Ships to bring them over.
I have called on Mr Ross tho’ with the worst grace in the World, he being already greatly in Advance from the State and has no prospect of being shortly paid[,] to know what Steps he was taking for your Support and received for Answer that he was taking up some of your Bills and would exert himself to serve you. This Gentleman has great merit I hope he will meet with suitable returns from the State. I am &c
Benjamin Harrison


Title: To James Madison from Edmund Pendleton, 11 February 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga Feby 11. 1782
I have missed two Posts to get a letter from you, which proceeds from the Susquehanah being frozen which stopd the passage of the Post; the Mail however came to Fredg. but only brought an old letter from Mr Jones.
We have been amused with contrary Reports concerning the arrival of a large reinforcement to the British Army at Charles Town. Genl Green’s account of their amount, near 5000, has since been contradicted by officers from his camp, who say [no] Troops came from Ireland, & all who got there were the 3 Regiments from New York. I yet think these Gentn were under a mistake, and that Green’s relation was too well founded. We are just now told by a Gentn. from Phila. that the Enemy had certainly evacuated New York. I am impatient to have a confirmation of this, & to hear their destination which I suppose is either to the Southern States, or to the West Indies. We are just going to celebrate this anniversary of the General’s birth, & I cannot but add that I am
Dr Sr Yr mo. affe friend
Edmd Pendleton


Title: From James Madison to James Madison, Sr., [ca. 12] February 1782
From: Madison, James
To: Madison, James

Hond. Sir
[ca. 12] Feby 1782
A conveyance by a waggon returning to your neighbourhood this moment presenting itself I make use of it to forward you a collection of papers which have accumulated since the last supply. If there are any deficiencies be so good as to point them out to me. By the same conveyance I send to Mr. W. Maury 4 English grammars the price of which is 3 dollars which he is to remit thro’ you.
The disappointment in forwarding the money by Mr. Brownlow has been sorely felt by me, and the more so as the Legislature has made no provision for the subsistance of the Delegates that can be relyed on. I hope some opportunity will soon put it in your power to renew the attempt to transmit it, & that the delay will have made considerable addition to it. Besides the necessity of this supply for the common occasions I have frequent opportunities here of purchasing many scarce & necessary books at 1/4 of the price which if to be had at all they will hereafter cost me. If an immediate conveyance does not present itself for the cash, I wd. recommend that a bill of exchance on some merchant here be got of Mr. Hunter, Mr. Maury or other respectable Merchant; & forwarded by the post. This is a safer method than the, first, and I make no doubt is very practicable. I wish at all events the trial to be made & that speedily.
I recollect nothing new which is not contained in some of the late papers. present my affectionate regards to all the family. I have not time to add more, than that I am your dutiful Son
J. Madison Jr.


Title: Virginia Delegates to Benjamin Harrison, 15 February 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sr.
Phila: 15th. Febry 1782.
We have your favor of the 2d. with the inclosures. those for Monsr. Mazzei shall be delivered to the minister of foreign affairs with request to forward them in the manner desired.
Although general Greenes information of the number of Men reported to reinforce general Lessly at Charles Town may be exagerated, yet it cannot be doubted the Enemy intend to prosecute the ensuing Campaign with all the vigor in their Power, and should considerable reinforcemts. get to Charles Town before general Greene is properly supported, we fear he will be obliged to abandon his present position and the blame fall chiefly on Virginia, whose line that should be first on the list of the southern Army for Numbers, is, we are informed, greatly short of that of Maryland. Duty as a Member of the foederal union and interest as more intimately involved in the fate of the southern States, cannot fail to operate as powerfull incentives to Virginia to use every means in her power to recruit her continental line and afford every other reasonable support to the southern Army. As we are unacquainted with the supplies of Beef furnished by the State upon former requisitions we are at a loss to know how far it wod. be necessary to ascertain the terms of the supply now called for to enable the State to charge it in acct. with the united States in part of the quota of the present year. If therefore any thing further is necessary to be done You will please to communicate your desires and they shall be attended to.

The Chevr. Luzerne has received intelligence from the Wt. Indies that the Count de Grasse with the fleet under his command and a large body of Troops commanded by the Governor of Martinique had invested the Island of St. Kitts, landed the Troops on the 7th. of last month and in ten days subdued the whole Island except the Fortress on brimstone Hill, to which place part of the British troops and some Militia had retired—that this place was closely invested and it was thought could not long withstand the force of the assailants—about one hundred Merchant Ships and Vessells with a large quantity of naval and military stores had fallen into the Counts hands—that Adml. Hood with nineteen Sail of the line lay at Barbadoes but hearing of the Counts movements had quited that place and gone to Antigua.
Mr. Randolph intends shortly to Virginia[.] by him we will endeavour to send the journals you wrote for and also the Cypher so long promised. we are with great respect
Sr. yr. obed. hum. servs.
J. Madison Jr.
Edmd. RandolphJos: Jones


Title: Report on Settlement of Accounts, [20 and 27 February] 1782
From: Madison, James,Cornell, Ezekiel,Montgomery, Joseph
To:

[20 and 27 February 1782]
The Committee to whom was referred a letter from the Superindt. of Finance of the 18th. instant recommend the following resolutions,
That five Commissioners be appointed for the Settlements of accounts under the direction of the Superintendant of the Finances namely one for the Quarter Master’s Departmt one for the Commissary’s Department, one for the Hospital Department, one for the Cloathier’s Department, and one for the Marine Department; each of which commissions shall have full power & authority to liquidate & finally settle the accounts of the departments respectively assigned to them up to the last day of December 1781 inclusive
That the Superintendant of Finance be authorised and directed to appoint the said five Commissioners, and that he report the names of the same to Congress. & in order that they may disapprove such appointment if they shall think proper.
That each of the said Commissioners be allowed one Clerk for his assistance in the execution of his Trust: or in case more sd. be found necessary, that he be authorised to add such number as the Superintendt. of Finance shall approve.
That a Salary be allowed to each of sd. Commissioners at the rate of 1500 Dollars per Annum, during the time in which he shall be employed in the duties assigned to him; and that each Clerk be allowed a Salary at the rate of 500—Dollrs per annum during the time of his Service. to be in full to Each for their Services and Expences.
That it be recommended to the several Legislatures of the States to empower the said Commissioners to call for Witnesses & examine them on oath or affirmation touching such accounts as are respectively assigned to them for settlement; and that it be also recommended to the said Legislatures to make provision by law for the speedy & effectual recovery from individuals of debts due & effects, belonging to the U. States


Title: To James Madison from David Jameson, 23 February 1782
From: Jameson, David
To: Madison, James

Dr Sir
Richmond Feb 23. 1782
I am favoured with yours of the 7th. and am very sorry (as you will not under take to join Mr Andrews in the necessary observations for ascertaining the boundary line yourself) to find that you have not succeeded in your endeavours to engage a proper person. It is of consequence to be sure to have a person capable of making astronomical observations, but I think it of much more, to have a person well skilled in the Grants, Charters &ca. that have been obtained, And who is from a general knowledge of the subject equal to the task. I wish Mr Page would undertake the business. we had him in contemplation when the first appointment was made, but supposed he could not then conveniently leave his Family, and at that time he had not had the small pox, which disorder he much dreaded. I am told he is now inoculated, and I intend to write to him on the subject I imagine you must ere this have recd. my several Letters, acquainting you with the Auditors answer
Mr Ross is not in Town. I am unable therefore to say what steps have been taken to supply the wants of the Delegates so necessary for their peace and the honour of the State.
We have not recd. a tittle of News from any quarter since my last I much fear your answer to the Govr. about the Continental Bounty will impede the recruiting business. We are about to ask of the good Citizens an advance of their land Tax to enable us to pay the Bounty by Act of Assembly. the circular letter &ca. I will send you in my next. I much fear the people cannot find Specie enough to pay the 9/10 of the land Tax wch by the Revenue Act you will observe is directed to be pd in Specie with great regard
I am Dr Sir Your Obedt hb Ser
David Jameson


Title: Virginia Delegates to Benjamin Harrison, 25 February 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Phila: 25th. Febry 1782
We have your Excellencys favor of the 9th. of this month. Since our last the plan for the final settlement of the public accounts from the commencement of the War to the 1st. of Janry. 1782, which we formerly mentioned to be under consideration has been adjusted and agreed to by Congress and will be fully explained to your Excellency by the superintendant of finance to whose department it properly belongs. the want of the rule prescribed by the articles of Confederation and which from the particular situation of some of the States could not now be obtained rendered the adoption of any mode very difficult, the one proposed when the variety of circumstances and interests to be combined upon the occasion are considered will perhaps be found as free from exception as any that could be devised and will it is to be hoped meet the approbation of the States.
We have reason to believe it has not proceeded from partiality to the Eastern and middle States that contracts for the southern department have not been proposed, as previous to the receipt of your Letter we had shewn attention to this business, and found the Financier disposed to take that course for supplying the southern department so soon as Taxes were laid and likely to be collected in those States to enable him to comply with such engagements as he should enter into for that purpose. If any preference appears to have been given to the State of Pensylvania in the benefit of Contracts we are assured it has proceeded from the money supplied by that State to enable the superintendant of Finance to fullfil them. This money was supplied in commutation for the specific requisitions due to the united States. It may with truth be said that the States as Virga. which supplied the specifics did their duty as much as Pensylvania wch. commuted for money, but unhappily the latter mode only has put into the hands of the superintendant the means of fullfiling future contracts. we must beg leave to refer to the inclosed paper for the news and are very respectfully
Sr. yr. Excellencys obed hum: servts.
James Madison jr.Edm: Randolph.Jos: Jones.A. Lee


Title: From James Madison to Edmund Pendleton, 25 February 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Feby. 25th. 1782
The irregularity of the post has again left me two of your favrs. to acknowledge at once, the first of which is of the 28th. Ultimo & the other of the 11th. instant. My two last it seems have miscarried altogether.
You have been misinformed I find with respect to that article in the scheme of the bank which claims for it the exclusive privilege of issuing circulating notes. It is true Congress have recommended to the States to allow it such a privilege, but it is to be continued only during the present war. Under such a limitation it was conceived both necessary to the success of the scheme, & consistent with the policy of the several States; it being improbable that the collective credit & specie of the whole wd. support more than one such institution, or that any particular State wd. during the war stake its credit anew on any paper experiment whatever.
We have letters from Cadiz as late as the 7 of Jany. which impart that a Spanish fleet composed of 41 Sail of the line sailed from that port on the 3d. of the same month which had under their convoy transports with 4000 troops supposed to be destined for the Havanna. It was said the fleet was to cruize off Madiera & to await the junction of the Ct. de Guichen who had sailed from Brest on the 11th. of December with 19 ships of the line convoying 15,000 troops wch. with a part of the fleet it was supposed would also proceed for the W. Indies. It was reported however that an action, the issue of wch. was unknown, had taken place between de Guichen and a British squadron of 13 Ships under Admiral Kempenfeldt. This it was apprehended might disconcert the arrangement with the Spaniards. Nothing definitive had happened at Minorca, but the reports continued to be flattering.
The fate of Brimstone Hill the only remaining post on St. Kitts is not yet known here. A flag which came in a few days ago, with prisoners from Antigua confirms a preceding rumor of an engagement between Hood & de Grasse the former of whom had made an essay to relieve St. Kitts. An Antigua paper labours to make it probable that Hood had succeeded & that the French had lost a ship of the line, but the private information reverses the probability. The next post I hope will remove the uncertainty in which this must leave you.
The inclosed papers will at length gratify you with the speech of the British King & the address of the two Houses of Parliament. The debates to which they must have given birth are either not arrived at N. York or they are backward in publishing them. The amendment proposed to the Address in the Upper House could not well fail to have produced an interesting skirmish between the oratorical combatants.
The Gentleman from this place who reported the certain evacuation of N. York was an impudent liar. There has not existed here a whisper to palliate his offense.
I am Dr. Sir with very sincere regard Yr. &c
J. Madison Jr.


Title: To James Madison from Edmund Pendleton, 25 February 1782
From: Pendleton, Edmund
To: Madison, James

Dr Sir
Virga. Feby 25th 1782
I have yr favr of the 7th and regret the Irregularity of the Post which has deprived me of some & delayed others of yr agreeable letters. However I comfort myself with the reflection that the Frosty season is nearly over, and that our correspondence will soon become more regular as well as Interesting. I shall anxiously expect every future post to bring some account of the effects in Europe of the great event at York, which I think the first arrival from that quarter must certainly bring. nothing of the sort has yet reached us. we have a loose report of a severe engagement between Genl Green and the Enemy, in which both sustain’d great & pretty equal loss, but it wants credibility & probability. We are marching our drafts to reinforce him.
I wish you out of the Thorny tract into which the Vermontiese have led you; I fear they are more like to produce that kind of fruit, than olives, and may require severe amputation. Why should any Alteration be made at present in yr scales of contribution for each State? since it is in its nature temporary and subject to adjustment, according to that rule which shall be established, when peace shall afford time and Opportunity for a proper investigation. the attempt now to change the Rule which can’t be made a definition, if it is not suggested by some Party Views, is calculated to produce dissentions, of which we have enough. If indeed the rule could now be finally fixd, it might be probably done with more temper than when we are freed from the dread of a foreign Enemy, and I am persuaded that it would have been more justly and peaceably settled in 1776, as was intended by Congress the year before, than it can be now, or at any future period, as the true spirit of Union was then more predominant than it has been since, or will be; But as it was then put off, and a mode adopted subject to a future Account and Regulation, I cannot think it prudent to change that mode for another temporary one. In the meantime, I do not see why the Accounts should remain unexamined; The several Articles furnished by each State, may be exam[in]ed by the Vouchers and fairly entered in a General Account with that state, and be ready when ever the Proportion is fix’d, to form the Aggregate sum to be proportion’d, when in one Article each state may-be debited for its share, and the Ballance discover’d. If this Minutia of the Account is neglected ’til the end of the War, I prophecy it will never be settled, but like the Contents of the Irish Treasurer’s Waggons, will affrighten Congress out of the attempt, especially as it will probably be the Interest of some states to drop all Accounts & to burn Books, as the saying is. since I am reduced to the borrowing an expression from old Bonniface, it is time to stop, & tell you that I am
Dr Sr Yr mo affe
Edmd Pendleton


Title: To James Madison from David Jameson, 2 March 1782
From: Jameson, David
To: Madison, James

Dr Sir
Richmond Mch 2. 1782
It was very unfortunate that Count de Grasse did not succeed in his designs agt. Barbadoes and Hoods fleet. had they fallen I think it must have shortened the War. however we will be content if St Kitts is reduced, but by information we have had, the French failed in an attempt to Storm Brimstone Hill, and lost a considerable Number of Men. I mentioned to you in my last that the Executive intended to address the people in hope of an advance of part of the land tax to recruit our line. the letter &ca. is not yet come from the press. I am truly sorry it is not now in our power to send Gen. Greene a greater reinforcement. By his last letter the Enemy’s force is not so formidable as he had supposed it would be, when he sent off his former dispatches. Yet I wish we could give him aid, I wish indeed our whole line was compleat. would it not be proper to have all the troops of our line together? I fear those at Pittsburg we have no credit for. The Govr. has been advised to write to the General on that head. Gen. Greene has again mentd. the Beef Cattle. the Governor has written to the Delegates on the occasion. Mr Ross is expected here in a day or two and you may depend every thing that can be will be done to keep you supplied. I am told Dr. Lee was provided with Money. when Col Bland means to return I have not heard
Mr Stark is out of Town and the other Auditors know nothing of your Accots. by next post you shall have a full answer on that head
We are told the Lottery is drawing, if so be so kind as send a list of the prizes as soon as published
I have desired Mr Hayes to inclose a paper to you every week wch. he has promised to do. Messrs Nicholson & Prentis assure me they do so. I gave these directions, that you may meet with no disapointment in my absence with very great esteem I am
dr Sir Yr Obedt hb Servt
David Jameson


Title: Motion on Secretary for Foreign Affairs, [4 March] 1782
From: Madison, James
To:

[4 March 1782]
That the Scy. of F: Affairs have permission to be absent from the public service for the time requested in his letter of  day of


Title: Motion to Amend Articles of Confederation and a Rule of Congress, 6 March 1782—Missing Document
From: Madison, James
To:

Editorial Note
6 March 1782. In Charles Thomson’s committee ledger under this date appears, “Mr Madison Mr Scott Mr Carroll[,] Motion of Mr. Madison for repealing the 16th. rule for the conduct of business & to revise the 8th article.” A marginal note records that the committee reported on 18 March 1782 (NA: PCC, No. 186, fol. 15).
Neither the motion nor the report has been found. Thomson’s entry is apparently the only extant reference to an action which would seem to have been of sufficient importance to deserve mention in other contemporary documents. The printed journal of Congress is very brief for 6 March and a complete blank for the eighteenth of that month. The vote, if any, on JM’s proposals must have been adverse. By a coincidence, exactly one year later on 6 and 18 March 1783, Congress devoted attention to a committee report, drafted by JM, which included among the recommendations a revision of the eighth article of the Articles of Confederation. The fact that JM was the only member who served on both committees and that John Morin Scott was not in Congress in 1783 obviates the possibility that Thomson entered the wrong year in his ledger.
The sixteenth rule “for conducting business in the United States in Congress assembled” was: “The previous question (which is always to be understood in this sense that the main question be not now put) shall only be admitted when in the judgment of two states at least, the subject moved is in its nature or from the circumstances of time or place improper to be debated or decided, and shall therefore preclude all amendments and farther debates on the subject, until it is decided” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XX, 479).
In what respects JM wished to revise the eighth article of the Articles of Confederation is the more interesting question because of the phrase “common defence or general welfare” in that article. In its wording, if not also in its intent to limit the purposes for which Congress might levy “taxes, duties, imposts, and excises,” this phrase was incorporated unchanged, except that “and” was substituted for “or,” in Article I, section 8, paragraph 1 of the Constitution of the United States. In later years JM often challenged the accuracy of nationalists who contended that this phrase was a separate and substantive grant of authority to Congress rather than merely a limitation upon the tax power. By 1826 he would advocate an amendment to expunge the phrase from the Constitution (Madison, Writings [Hunt ed.]Gaillard Hunt, ed., The Writings of James
          Madison (9 vols.; New York, 1900–1910)., VI, 354–55; IX, 255, 417, 428 n.).
No reference has been found in JM’s surviving papers to his effort in 1782 to amend the eighth article of the Articles of Confederation. This fact may signify either that his proposed change had no bearing upon the phrase “common defence or general welfare” or was inconsistent with his later position. The first of these two possible explanations is more likely the correct one, because his recommendations a year later, mentioned above, left the phrase unaltered. Probably in March 1782, as in March 1783, his motion sought only to make the provisions of the eighth article harmonize with the plan adopted by Congress on 20 February 1782 for the “settlement of public accounts” with each state. See JM to Pendleton, 7 February 1782, and especially nn. 5 and 6.


Title: Report on Personal Liability of Officers of the United States, 13 March 1782
From: Madison, James
To:

March 13th. 1782.
The Committee to whom was referred the report of the Committe[e] on the letter of  day of  from Coll. Pickering submit the following report.
It being represented to Congress that divers suits have been & that others probably will be brought agst. the officers & servants of the U. States, for debts contracted by them with individuals for supplies furnished, or services rendered to the U. States, whereby such officers & servants may be exposed to great trouble & expence, in cases where the failure to discharge their contracts hath proceeded from the deficiency of the advances recd. by them from the public treasury: And Congress having by their Resolution of the 2d. of Novr. last provided for the redemption of certificates for supplies & services afforded to the U. S. by resolving to accept the same from the States producing them in payment of balances due on former requisitions; & by subsequent resolutions having directed the appointment of Commisers. for liquidating & settling all such certificates & other demands agst. the U. S. as also Commisers. for settling finally the Accts. of the aforesaid officers & servants, whereby it will appear in what cases non payment of the debts contracted by them hath proceeded from misapplication of public monies advanced to them; & Congress having moreover recommended to the several Legislatures to make the necessary provision for the speedy & effectual recovery in behalf of the U. States of all balances which shall be found due from such officers & servts.
Resolved
That it be & hereby is recommended to the Legislatures of the several States to make suitable provision for staying all suits wch. have been brought & preventing future suits by individuals agst. the aforesaid officers & Servants for debts contracted by them for supplies furnished or services rendered to the U. States.