Title: To James Madison from Edmund Randolph, 5 July 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Virginia July 5. 1782.

If before the receipt of your favor of the 25th. Ulto. I could have doubted concerning the policy of the act against British merchandize, the artifices of the enemy and the parricidal villainies of some of the citizens of America, therein enumerated, would wipe away every scruple. I have confidence, that in the exhortation, about to be made by congress to the people, caution will be used, so as not to create a belief in Europe, contrary to truth, that congress have any reason to consider the consumption of British manufactures, as a symptom of a returning desire for a political connection.
This intelligence, if it has reached Williamsburg may affect congress in another, unexpected form. Coffin’s contract for the tobacco seems doomed to perpetual obstruction. The ship, called the New-York, which is one of the flags, destined for the reception of the tobacco, covered by the passports, has been employed, as is suggested, in selling to a merchant in Wmsburg. large quantities of British goods. This conduct has spoiled her, in the opinion of some, of her immunity from seizure: and she is now in the custody of the marshal, to be finally adjudged next monday. An express has just left me, having brought a summons for my attendance, as counsel, at the trial. Altho’ my hesitation to say, whether a flag, which abandons the sacredness of her character by illicit commerce only, not by active hostility, is liable to condemnation, might have prevented me of itself from undertaking the cause of the libellants, yet when I reflected that Mr. Morris’s schemes might be deeply wounded by a confiscation, and the united states thereby much intangled, I agreed to go to the court upon the express condition of advocating or not advocating the libel at pleasure. But in order to obtain the facts before my departure from home, I wrote to Mr. Daniel Clarke, the agent for loading the british vessels, requesting information on the subject. He returned the inclosed answer. The purport of that answer will be the occasion of my declining the side of the question, offered to me, unless it should wear a very different complexion from what it now does. But I am apprehensive that a jury, impressed by an opinion, that the enemy are daily meditating the diffusion of their wares, will prove stern to the flag, against the law of nations, and the necessities of the united states.
The French legion marched from Richmond yesterday morning, at which time the remainder of the army left Wmsburg. They have preserved the character of peaceable soldiers, and their absence will be regretted. We must pass by the irregularities of a few individuals, as being inapplicable to the body of the army.
On tuesday the assembly completed their session. They passed fifty five acts; the most capital of which I mentioned in my former letters. The recruiting act, revenue act, and the act for the erection of separate courts in Kentuckey are, as I have already stated them to you. But I will forward them immediately after printing.
The resolution, appointing the committee for the patronage of western territory; have never exchanged a letter on the subject. Mr. G. Mason will enter into the discussion, I am told, if he approve the acts of the present session. Mrs. Jefferson has been too near her flight to a happier station, to suffer her affectionate husband to do more than lament the prospect of a separation. (She is now within the reach [?] of medicine). Of Dr. Lee I have not heard a syllable since his setting off for Phila. Dr. Walker has supplied a few rough materials only. I am pursuing the inquiry: but wait for the movements of my elders in the nomination.
Upon reviewing some of the papers, which I collected in 1780, I am inclined to think, that the white inhabitants of Virginia will be found on the census, directed to be taken by a late law, to amount to a much larger number, than even Massachusetts contai[ns.] For in that year the militia might in round numbers be estimated at 50[?],000. The principles then, which you well know, can easily be applied, when you recollect, that no person is liable to militia duty, but between the age of eighteen and fifty. My computation is equal to 250,000 whites at least.
I wish, that on future occasions of speaking of individuals we may us[e] the cypher, which we were taught by Mr. Lovell. Let the keyword be the name

   probably Cupid

 of the negro boy, who used to wait on our common friend Mr. Jas. Madison. Billy can remind you, if you should be at a loss for it.
There can be no necessity for this process in the communication of intelligence, merely public: but a private hint would be no secret to any person, having access to the cypher of government.


Title: To James Madison from Joseph Jones, 8 July 1782
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Spring Hill 8th. July 1782.

I intended when I left Richmond to set out for Philadelphia about the middle of this month but from a manoeuvre of Mr. Ross’s in settling the balance due from Mr. Braxton and which had by the Executive been ordered to me I am disappointed of the means necessary for the Journey and am left to my own resources wch. I am determined shall not be applied to public use farther than is unavoidable, I mean in the line of my appointmt. to Congress—when I shall be properly furnished and I see a prospect of continued supply I may perhaps revisit Philadelphia. at present it depends on Mr. Ross, who instead of furnishing me money or Bills as promised has settled Mr. Braxtons balance of abt. £200 by transmiting me your order on me given to Whiteside for the money I procured before I left Philadelphia and which the Govr. and also your Letter informed me was paid. This order I expect was taken by Mr. Whiteside as a voucher to transmit to Mr. Ross. The disappointment however considering the violent heat of the weather proves agreeable on that acct. tho’ I could have wished to have gone northward before the commencement of the sickly season. I have never heard from Mr. Solomon whether the Waggoners delivered him the Tobacco they carryed from here.
The French Army are on their March, the Legion came over to Falmouth yesterday and the Infantry are expected to be there next Thursday. Ct Rochambeau on his way quartered at old Mr. Hunters the night before last. Mrs. Bland was a few days past Col. Dangerfiel[d’s] on her way to Philadelphia. she intended Dr. Lee shod. have escorted her but the Dr missing her Letter occasioned a disappointment. when I saw her she was in doubt when she should proceed and by whom be attended.
One of the Ships sent for the Tobacco I am told has been seized & will be proceeded agt. in the Admiralty—the cause, having on board a quantity of Goods wch. was sold or offered for Sale to some of the Inhabitants. I believe they came well provided for such a trafic but this step will probably suspend all further commercial intercourse.
If Mr. Ross puts me in a situation to proceed you shall be informed. in the meantime you will not omit your inquiries abt. a lodging shod. I have occasion for one. We have had a great drought & the hottest weather for the Time of the year I ever experienced. our Crops of small grain short & not so good as usual. Randolph I understand will be up in the fall.
Yr. Friend
Jos: Jones.


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

Sir
Philada. 9th. July 1782.

Your Excellency’s favor of the 29th. of June inclosing a letter to Mr. Irwin & a bill of exchange in his favor from Mr. O. Pollock was received this morning.
The defect of intelligence which rendered our last so uninteresting still continues. In particular we are uninformed of the state & dispositions of the fleets in the West Indies. The report which circulates is that those of the French & Spaniards have left Hispaniola, the former to convoy the Trade of that Island towards Europe, the latter to return to the Havannah.
We have the honor to be with great respect & esteem Yr. Excys. obt. & hbe servts.
J. Madison JrA. Lee


Title: Report on Treaty with the Netherlands, [12 July] 1782
From: Madison, James
To:

[12 July 1782]

The Committee to whom was recommitted the report relative to the Instructions of Mr. Adams—Submit the following remarks and resolution—
They observe that in the Treaty between the U. S. and his M. C. M. it is among other things stipulated that the subjects of the parties, “may by testament, donation or otherwise dispose of their goods immoveable as well as moveable, in favor of such persons as to them shall seem good; and their heirs wheresoever residing, may succeed them ab intestat, without being obliged to obtain letters of naturalization[”].
That the 2d. Art. of the proposed treaty between the U. S. & the U. Provinces with which the Minister Plenipo: of the former is charged, contains a general stipulation to the subjects of the parties, that they shall enjoy mutually the same commercial exemptions and privileges, as are or may be allowed to the most favored nations; under which general stipulation, claims & expectations may be excited in the subjects of the U. Provinces, of an entire equality under the laws of the U. S. with the subjects of his M. C. M.
That the 6th. Art: of the said proposed Treaty proceeds farther and expressly stipulates that the subjects of the parties may by, Will or otherwise dispose of to such persons as to them may seem good, the effects, moneys, debts, or goods immoveable as well as moveable which they have or ought to have, within the dominions of either of the partys and their heirs altho’ not naturalised, shall freely & quietly take possession of all the said goods & effects whatsoever, according to the laws of each Country respectively: in such manner however that the wills & right of entering upon the inheritances of persons dying intestate, must be proved according to the law in those places where such person may happen to die; any law, statute custom or right whatsoever notwithstanding.
That in the opinion of the Committee it is not altogether clear that the stipulation of the right above stated to the subjects of his M. C. M. does not encroach on the rights reserved by the federal articles to the individual States; And very clear, that on extension of it to the subjects of other powers than of Spain, will be chargeable with such encroachment;
That without enquiring into the inequality of this stipulation, as it will probably be exercised by the Citizens of the U. S. and the subjects of the U. P. or into the inconveniences which may result from an indefinite licence to aliens to possess real property within the U. S. The Committee infer from the repugnance shewn by some of the States to such an indulgence to the subjects of France, notwithstanding the special clause in the federal articles relative to that country and our peculiar relation to it, that the compliance of the States with a like engagement to another, power, will be extremely precarious.
That in order to avoid these difficulties & consequences, it appears to the Committee expedient to resolve as follows; viz
That the Minister Plenipo: for negociating a treaty of amity & commerce with the U. Provinces of the low Countries, be & he hereby is instructed, so to vary the tenor of the 2d. & 6th. Articles in the plan of treaty transmitted to him, as to exclude all right or pretext in the subjects of either of the Contracting parties, to acquire, or hold within the dominions of the other party, any real property or estate of inheritance whatsoever; and to be careful not to admit into any other parts of the said Treaty, any terms or expressions from which such right or pretext may be inferred: provided that the said Minister Plenipotentiary be at liberty to depart from this instruction in case he shall have taken steps towards a conclusion of a Treaty with the U. Provinces, which in his opinion are inconsistent therewith.


Title: Virginia Delegates to Benjamin Harrison, 16 July 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir,
Philadelphia July 16. 1782

We had the honor of receiving your Excellencys Letter of the 6th., together with one of the same date from the Clerk of the Council, enclosing the Resolutions of the Assembly on the Supplies requested from his most Christian Majesty.
The Resolutions we immediately transmitted to the minister of France.
We shall inform your Excellency from time to time, of the proceedings of the several Legislatures touching the seizure of british Goods. That of N. Jersey has lately passd an Act for this purpose.
It gives us very great pleasure to be informd, that an effective Law is at length passd, not only for the good of the Service, but because, tho’ many other States are equally deficient without equal reason, yet the whole odium is centerd upon Virginia.
We have informd the Delegates of S. Carolina, of what your Excellency mentions. Those of N. Carolina are not here. Still we are without any intelligence from Europe or the Islands. Genl. Washington & Count Rochambau are at present in this City, to consult on the operations of the Campaign.
There is a report here from N. York that the Enemy have evacuated & burnt Charles-town, & sent the garrison to the W. Indies. Sir Guy Carelton is so desirous of retreiving the Soldiers we have taken, that he offers, if we will exchange them for Seamen, to stipulate that they shall not serve against the United States during twelve months. But he will find this artifice, somewhat too shallow for his purpose. Lippencut is not, nor is it expected he will be, given up.
We have the honor to be, with great respect, Yr. Excellency’s most obedient & most humbl. Servts.
Theok: Bland jrA. Lee


Title: To James Madison from Joseph Jones, 16 July 1782
From: Jones, Joseph
To: Madison, James

Dr. Sir.
Fredericksburg 16th July 1782

Having occasion to go to Town I recd. your Letter of the 9th. and thank you for the trouble you have taken about a habitation for me and my family. Mr. Ross has this day put it in my power to go forward and if the health of Mrs. Jones and my little boy will permit and her inclination and the heat of the weather does not interfere to prevent it I shall probably see you in less than a month. If good lodgings with the use of a Kitchen can be obtained it will answer tho’ not so conveniently as a House with furniture but I intreat that neither be possitively engaged untill you hear from me again as by that time I shall better know Mrs. Jones’s determination. present my compliments to friend Griffin and give him my thanks for his trouble in assisting you abt. a House.
I inclose an order from Mr. Ross on Mr. Whiteside for the Bill lost and also a Bill for three hundred dollars wch. be pleased to negociate and pay Mr. Griffin and also Messr. Baker potts & Co. Ironmongers in second street near Arch Street £110[?] I owe them.
The French Army have all passed Rappahannock at Falmouth. the last division will move Tomorrow from that place. their progress through this part of the country furnishes some of the Inhabitants with Cash to pay their Taxes. about 500 convalescents remain at York. I expected Mr. Lee wod. have been with [you] some time past but hear by Col. Monroe he only lef[t] Chantilly about ten days ago. make my Complimen[ts] to inquiring friends and believe me
Yrs very truly
Jos. Jones.


Title: From James Madison to Edmund Pendleton, 16 July 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir,
Philada. July 16th. 1782

Your favor of the 8th. instant escaped the danger of late incident to the post; the robbers having removed to the Northward for the purpose of attacking the Eastern mail which fell into their hands near Trenton last week. It is said to have been the identical party.
I am not yet so happy as to be able to transmit the expected intelligence from Europe, no vessels having arrived from that quarter or from the W. Indies. Our only news is a report that Charlestown has been evacuated & burn[ed]; of which you will be a better judge than I am.
Genl Washington & Ct. Rochambeau met here on Saturday evening. The object & result of their consultations belong to the military cabinet.
Genl Carlton in a correspondence with Genl W. yesterday laid before Congress complains much of legal proceedings agst. adherents to the British cause, as Traitors, adopts the maxim that “in a civil war between people of one empire there can during the contest be no traitors at all.” and asks a passport for Genl Robinson & Mr. Ludlow to confer & settle arrangements on that idea. He at the same time and from a similar policy, proposes in order to remove our objection agst. exchanging B. soldiers [and] Amer: seamen, that the latter shall be free & the former restrained from serving agst. the 13 Provinces for one year, within which he is sanguine an end will be put to the calamities of the present war.
Other parts of the letter which speak of Lippincut make it probable that Asgil will at last be left to expiate the guilt of this mu[r]derer. Having less time for perparing for the post than I usually devote to my friends I must conclude abruptly with begging an excuse for the defects which render this scarcely legible or intelligible.


Title: Benjamin Harrison to Virginia Delegates, 19 July 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen.
Richmond July 19th. 1782.

I enclose you a copy of the direction of a Letter dated 14th. May which came to me from Winchr. three days ago which I shou’d not have open’d but for its being frank’d by Mr. Livingstone, I am really concernd that so little care should have been taken in Communicating the Birth of a Dauphine to me, it may perhaps induce a belief in the Minister and french Court that it is a matter of no joy to the State, and that we are grown at least luke Warm in our attatchment to our illustrious ally. I know of no other way to satisfy the Minister, that his not being sooner complimented on the joyfull occasion by the State was not oweing to either Negligence or want of Attatchment, but by begging the favor of you to make Him fully acquainted with the circumstances and requesting Him to make them fully known to the French Court—the Letter that I have the honor to send Him on the occasion you will please to deliver Him at the same time. I prefer the mode of complimenting his Most Christian Majesty by Letter rather than by address, haveing ever look’d on the Latter as highly improper and too great an acknowledgement of the inferiority for the Sovereingnty of a State—the Way to become great and to make others think so is not only to act in Character but to shew the World that We claim & will support a Rank amongst the Nations of it.
A Report has prevaild here that Mr. John Todd of Kentuckie was in Philadelphia—last Winter was twelve Months— and that during his stay He associated himself with those who were for seperateing that Country from a dependance on this and was deeply concern’d in the measures taken at Philadelphia to bring that event to pass, if either of you know any thing of this I shall be much obliged to You for the communication. no letter or papers came by the last post from Philadelphia, we are much at a loss for the reason of this.
I am &C.


Title: To James Madison from Joseph Jones, 22 July 1782
From: Jones, Joseph
To: Madison, James

D. Sir.
Spring Hill 22nd. July 1782

The reason why Williamsburg and its neighbourhood was mentioned as the place supposed to be alluded to by the correspondent of a certain Gentleman, proceeded from my mentioning to Mr. H——d——y, what had been communicated and his observing that he supposed it proceeded from a report that had been circulated of a pet. set on foot in Wmsburg. praying the legislature to accept any reasonable terms that shod. be offered, but which had been suppressed upon Ct Ro——h——b——u’s sending one of his Aids to remonstrate to the partys on the imprudence of the measure which suspended all further proceedings in the matter. this Mr. H. mentd. as a report he had heard but doubted its truth. I asked some other Gent. if they had heard any thing of it and wished to know if there was any foundation for the report supposing what had been communicated must have proceeded from this report. I was the more desirous to learn the truth that if it was a misrepresentation the character of the people there might not bear the aspersion but my inquiries served only to convince me the report respecting the pet. in Williamsburg was groundless and as I imagine the people there suspected the intelligence communicated might proceed from the above misrepresentation and thinking themselves in some measure injured by the Report, they took up the matter in the manner the paper I inclosed to you exhibits. they supposed your communication to me was local as I mentd. the matter as from you, but in general terms in the manner you s[t]ated and it was the previous report only that fixed it on Williamsburg, and which the Governors certificate in consequence of application to him clears up. I sent you the paper that you might be satisfied the report as to Wmsburg. and its neighbourhood was groundless, and my inquiries lead me to suspect no other part of the Country as manifesting a disposition to precipitate matters.
We have some agreeable reports from our quarter since the last post. Your Letter wch. I expect by the post today will I hope confirm them. The evacuation of Chs. Town, a successfull attack of the Dutch upon a British Convoy in the Baltic & the accession of the 7th State of the U. provinces to the Treaty with the States of America. The first and last are probable and have been expected; and I am not disposed to discredit the other, especially when I reflect on the bravery of the Dutch in the few conflicts they have had with the British since the commencement of hostilities.
The last week I requested you not to engage a House or lodging positively. It is yet uncertain whether Mrs. Jones will accompany me. The approaching sickly season may determine her to undertake the Journey though opposed by almost every other circumstance. she is at present indispos[ed by] a very common disorder prevalint at this [t]ime, sore or inflamed Eyes. Joe has gone through it, probably it will be my turn next. By the next weeks post my determination shall be conveyed to you; as to a House or lodgings, if the latter and Mrs. Jones shod. not be with me, I presume I can be accommodated at Mrs. House’s. Have you heard any thing of Cyrus shod. he be apprehended let him be confined in prison untill I come up unless an opportunity presents itself of shiping him for the Wt. Indies where if I recover him I mean he shall be transported & sold. Be pleased to inform Baker potts & Co. of the remitance for them by the last post. I burthen you with trouble but cant help it.
Yr. &c
J. Jones


Title: From James Madison to Edmund Pendleton, 23 July 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. 23. July. 1782.

The sterility of my late correspondence will be compensated by the contents of the inclosed paper, which besides other interesting particulars sufficiently confirms the recognition of our Independence by the States General. Among the numerous good consequences of this event to us I wish the people of Virginia not to be inattentive to its influence on the value of their staple, which it is probable will be an immediate object of speculation. Other particulars not yet republished from the foreign papers are the capture of 1 if not 2. French 74s. with a number of transports on their way to the E. Indies, by Admiral Barrington—the capture of a British Frigate, with some transports by a Dutch ship of war—the capture of the rich island of Ceylon from the Dutch by Admiral Hughs, & of Negapatam another of their important possessions on the coast of Coromandel, with two ships richly laden with oriental productions.
The language of the New Ministry is not a little novel & extraordinary. They seem to consider themselves as they really are, the creatures of the people, not of the crown and address their whole conduct to the temper of the former, with as much assiduity as their predecessors did to the latter. The popular & oeconomical principles which they urged out of office, are the basis of their plans in office. They are excluding contractors &c from the legislature—abolishing sinecure appointments—pruning the civil list—arming the Militia and even patronizing a scheme of equal representation. In the last particular they met with great obstacles & Mr. Fox had the mortification to find himself in a minority on the question for appointing a committee to bring in plan for the purpose.
Ireland is reaping a large share of the harvest produced by our labours. Besides a free trade & a free legislation, the shackles are taken off the poor Catholicks in the articles of their religious worship & the tenure of real property.
Genl. Washington is still here. My last contained all the information I can give you relative to Lippencut & Asgil, Carlton preserves his taciturnity. It is said that a fleet of transports is just arrived at the Hook, and that they have troops on board. This has brought to life again the supposed evacuation of Charleston.
Adieu


Title: From James Madison to Edmund Randolph, 23 July 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
Philada. 23 July 1782.

I have at length the pleasure of presenting you with certain tho’ not official intelligence of the recognition of our Independence by the States general. This event with other interesting particulars is contained in the inclosed Gazettes. among its salutary consequences to this country I hope the people of Virga. will not be inattentive to its influence on the value of its Staple on which it is very probable Speculations will be attempted.
The Language & measures of the present administration will furnish you with copious matter for reflection. If we had recd. fewer lessons of caution agst. sanguine expectations, I should with confidence explain them by a scheme for a general pacification and for fathering on their predecessors all the obnoxious conditions which the public distresses may expose them to. If this solution were a just one it ought at the same time to be remembered that the triumph of Rodney may give a new turn to their politics. It appears from the paper from which the inclosed intelligence is republished that this event had reached London, that it was received with great rejoicings, but that the public were still haunted with fears for Jamaica. Other articles not included in the paper herewith sent, are, the capture of 1 if not 2 French 74’s with a number of Transports for the East Indies by Adml. Barrington, the capture of a British frigate with some transports by a Dutch ship of war, the capture of the valuable Island of Ceylon from the Dutch by Admiral Hughs, & of Negapatam another of their important possessions on the Coast of Coromandel, with 2 ships richly freighted with spices & other oriental productions. Ireland is likely to be indulged in every thing. In addition to a free trade & a free Legislation, they have obtained the assent of the Ld. Lieutt. to an act of Parliament for emancipating the Catholics from the shackles on their religious rights, & on their tenures of real property. Your philanthropy will be gratified by my adding as other proofs of the progress of light & freedom, the abolition of the inquisitorial jurisdiction in Sicily, the only part of the Neapolitan dominions where it was in force, and the inefficacy of the Pope’s visit to Vienna in checking the liberal innovations of the Emperor in his ecclesiastical polity.
The news from Holland has much emboldened the enemies of France. [D]octor Lee declared that it ought to be considered as the epoch of our emancipation. Yesterday I was reminded by Izzard that Franklin was interested in restoring the backlands t[o] the crown. Soon after I was shewn by Lee a proposition for reconsidering the commission & instructions for peace. The plan is to exclude F—n & [J]y & to withdraw the others from the direction of F[r]ance. The notes of M——s are also to be attacked. These and some other symptoms strongly portend a revival of party heats. I earnestly wish we had your aid in repressing them.
General Washington is still here. I have nothing to add to my last on the subject of Lippencut & Asgil. It is said that a fleet of transports is just arrived at the Hook, & that it has troops on Board. This revived the idea that an evacuation of Charleston has taken place. I hope you will not neglect the request in my last touching pecuniary matters. My wants begin again to be very pressing & I hear nothing of remittances. I hope your silence by yesterday’s mail has not been the effect of ind[isposition?]


Title: Benjamin Harrison to Virginia Delegates, 27 July 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Virginia In Council July 27th. 1782.

A Mr. Linctot of the Illinois was appointed Indian Agent in that Country by Governor Jefferson on behalf of this State. It appears by his Accounts and some Letters of Colo. Broadheads who commanded at fort Pitt that he also acted in the same capacity (tho’ not regularly commissioned) for the continent. I wish to be inform’d whether he has received anything for that service, and beg the favor of you to make the necessary inquiry. The feeding the Garrison of York Town embarras’s us exceedingly I request you will attend particularly to it, and use your endeavours to get them taken off our hands, or a resolution pass’d that will enable the State certainly to obtain credit for the expenditures, which is so highly reasonable that no just objection can be made to it. A vessel from Providence is just arrived the Capt. reports that he call’d at Savannah, that the Enemy had evacuated it, and that Waine was in possession.
I am Gentlemen &c.
B. H.


Title: Note for Report on Prisoners of War, [29 July] 1782
From: Madison, James
To:

Editorial Note
Having received Washington’s letter of 9 July enclosing copies of his correspondence with Sir Guy Carleton concerning a possible exchange of American seamen for British soldiers (Virginia Delegates to Harrison, 16 July 1782, and n. 9), Congress on 15 July referred these dispatches to a committee comprising John Witherspoon, JM, and John Rutledge (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 388, n. 3; Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXIV, 405–6, 441). The report of the committee, delivered on 29 July, is in Rutledge’s hand (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 421–22, 422, n. 1). Although JM wrote the note, given below, on the docket of a committee report of 12 August (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 462), he intended his suggestions to be of service to John Rutledge in drafting his recommendations of 29 July 1782. See n. 4.

[29 July 1782]

Report of the Committee to whom was recommitted the later’s report on the letter of General Washington submit the following Resolution for consd.
That the Congress have always been & still are ready to concur in a Cartel for an exchange of Prisoners on equal & just principles as far as human and approve of the measures taken for that purpose by the Commander in cheif.
That a copy of this Resolution be transmitted by Genl W. to the British Commander in cheif at N. York.


Title: Comment on Settlement of Foreign Accounts, [29 July] 1782
From: Madison, James
To:

Editorial Note
Although Congress on 28 May 1782 had resolved to appoint a commissioner “to liquidate and finally settle the accounts of all the servants of the United States, who have been entrusted with the expenditure of public monies in Europe,” nothing had been done since that date to fill the office or to determine the salary of the incumbent (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 306; Report on Salaries of Representatives Abroad, 28 May 1782, and n. 4). When the matter was revived on 25 and 29 July, Arthur Lee and other delegates who suspected that Franklin had been guilty of financial irregularities urged Congress to repeal the above resolution (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 416–17, 421; Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, 379, 389; Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. pp. 65–66, 69–70). According to Thomson, Edward Telfair opened the way for debate on 29 July by moving that the commissioner’s annual stipend should be four thousand dollars.

[29 July 1782]

Mr Madison was for sending a person or persons to liquidate but not with power finally to settle the acct.


Title: To James Madison from Edmund Pendleton, 29 July 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Caroline July 29th 1782

I am sorry to find by yr favr of the 16th that the Robbers of the Mail seem to be a regular train’d band, who may probably return to their Station on this side Philada to divert the Attention of those who may seek them; should this be the case, they will have a bad bargain in mine, not worth the trouble of reading. The report of the burning and evacuation of Charles Town had reached Us, before Yours came to hand, but I believe it came from the Northward, Accounts from No Carolina speak of it as a thing in Agitation rather than done. I mean the evacuation, for they say nothing of the burning, which I hope is not true.

I am sorry poor Asgil is at last likely to suffer for another’s crime; however the sacrifice is necessary, and just on our part, let them answer for the misapplication of the punishment, who alone might have saddled the right horse.
The introduction of Genl Carlton’s maxim at this time probably looks forward to an important event, in which I always supposed the Interest of American Loialists would make a considerable point of discussion. I wish he may prove prophetic in the period in which that event will take place, tho’ perhaps we may differ widely in the grounds of his hopes. I am sorry for his proposition for exchanging Prisoners in a mode which would enable them to employ them agt our Allies, & appropriate others to the War here, as it betrays an Opinion on their part that they may still Insult our understandings with impunity, if not wth hopes of Success.
My Nephew Mr. Edmund Pendleton jr has lately lost a young negroe man about 22 yrs old, five feet eight inches high, rather thin made, is a little bow legged, and has a down look when spoke to. he run away last summer & having plunder’d a party of Troops, they whip’d him so severely that he lay up for two Months & reclaims the apparent Marks of it on each shoulder. He reclaim’d him twice from the French Troops as they Passed, & therefore suspects that he finally rode ahead of them to join them in Maryland & Pennsylvania, He stole a fine horse belonging to a Mr Allan & a valuable Mare from a Neighbour, but I can discribe neither. Will you do me the favour by application to Count Rochambeau or other French officers, to endeavour to recover him if he should have joined them, & in case you succeed, to have him confined in Goal ’til my nephew can send for him, unless you can sell him for £100 specie, which tho’ much less than he would sell for here, my Nephew would rather take than be further troubled with him. The fellow’s name is Bob. I have not described his dress, as he stole variety of Cloaths from different people. I would not have troubled you with this request, but knew not how otherwise to get the application made.
I am as usual My Dr Sr Yr very Affe friend
Edmd Pendleton


Title: Comments on Public Faith and Credit, [30 July] 1782
From: Madison, James
To:

Editorial Note
On 21 October 1780, by a vote of six states to three, Congress had adopted a plan for reorganizing the continental army. This reform would result in displacing or, in the language of the day, “deranging” many worthy officers. Therefore, in justice to them, Congress included among the resolutions embodying the reform a pledge that these supernumeraries, beginning on 1 January 1781, would be entitled to half pay for life (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XVIII, 894, 896–97, 960–61; Edmund C. Burnett, The Continental Congress, p. 641). Owing largely to the failure of states to honor their financial quotas, this promise remained unfulfilled.
On 17 July 1782 Pelatiah Webster and William Judd, then in Philadelphia, memorialized Congress on behalf of forty-five deranged continental army officers of Connecticut. After Secretary at War Benjamin Lincoln substantiated the facts stated in the petition, Congress referred the documents to a committee comprising Ezekiel Cornell, Joseph Montgomery, and Thomas McKean. On 30 July 1782 they recommended only that “it is not expedient at this time to grant the prayer of the memorialists.” During the ensuing debate Cornell and Montgomery added that the petitioners, recognizing the emptiness of the public treasury, would be satisfied to have “Certificates given for the sums due, payable, with interest, at a future day.” Thereupon, although Congress decided to postpone acting on the committee’s report, Theodorick Bland and Arthur Lee asked Congress to resolve that to make such “a partial arrangement” with the supernumerary officers “would be inexpedient.” Abraham Clark then arose to call into question the binding force of the pledge of 21 October 1780—especially since it involved finances—on the grounds that it had not been sanctioned by the minimum of nine state delegations, as required by the Articles of Confederation (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 404, 404 n., 418, 418 n., 423; NA: PCC, No. 19, VI, 491, 493, 495, 499, 503; Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. pp. 70–72). JM’s speech, in refutation of Clark’s argument, is summarized below.

[30 July 1782]

Mr Madison combated the objection of Mr Clark; the doctrine it intended to establish was dangerous and if admitted would sap the foundation of a credit, and might be attended by the most ruinous consequences; that the States were as much bound by acts of Congress, which passed by a majority of votes, before the ratification of the Confederation as they would be now by the number of votes required by the Confederation: that on this rested the treaties and alliances already made and the instructions given to our ministers abroad to enter into other treaties and alliances; on this rested the money borrowed and the debts contracted, at home and abroad, for the payment of which the public faith was solemnly plighted & for which the States must provide funds, that the fixing of the pay of the army rests solely with Congress & that the States are bound to provide for what is stipulated and granted to the officers and men, whether to be paid then, at certain periods & in certain sums during service only, or while in service and for years or lives after the termination of the war;


Title: Virginia Delegates to Benjamin Harrison, 30 July 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir,
Philadelphia July 30th. 1782

We deliverd the Letter to the Chevalier de la Luzerne, enclosd in that your Excellency honord us with on the 19, together with the apology you desird for your Congratulations, on the auspicious event of the birth of a Dauphin, having arrivd so late[.] The Minister expressd his satisfaction in recieving it.
The Secretary for foreign Affairs will pay proper attention in future to your Excellency’s Address. Due enquiry will be made by the Post-master-general, into the miscarriage of our Letter of the 9th. ult. of which we now send a Copy. We shall make all possible enquiry concerning Mr. J. Todd & his proceedings here.
That part of your Excellency’s Letter of the 11th. relating to the expence of garrisoning York & Glocester, was laid before Congress, & referrd to a Committee, which has not yet reported upon it. We shoud be happy to hear, from time to time, of the success of the recruiting plan.
It is so confidently reported here, that a fleet of 13 Sail of french Ships of war, with 4000 land Forces & a numerous Convoy, are arrivd in the Chesapeake; that we cannot help congratulating your Excellency on an event, which promises so much to our State & to the Union.
With sentiments of the profoundest respect, We have the honor to be Yr. Excellency’s most Obedt. & most Humbe. Servants.
Theok: Bland Jr.J. Madison Jr.A. Lee


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

My dear Sir
Philada. 30th. July 1782

I was not mistaken in my intimation that an attack would be made on the last commission and instructions relative to peace[.] on Wednesday last the motion was made by M—r Lee and seconded by Bland at first but afterwards by a member from Mas: the rule for reconsid—n so requiring. Not a word was said against the [word] underscored in the third line. The arguments on the other point were drawn from a source which need not be pointed out to you. An adjournment arrested the debate[.] An intended renewal was announced but has not yet taken place.
I have found means hitherto of parrying the attack on the notes of Morris[.] My colleagues have repeatedly pressed the necessity of an act of congress for ratifying the convention on that subject between him and the assembly ostensibly for the security of the latter, but really to bring the subject before congress—At present Bland seems to decline the object as having an ill tendency

If any mail has failed to bear witness to my punctuality, It has not been caused by any default in me. I am the more at a loss to account for such a miscarriage, as it does not appear that any outrage has been repeated on the post. I shall notify the fact to the Postoffice here, and think it will not be amiss for you to urge an investigation upon the Post Master at Richmond.
The letter inclosed in your favor of the 18th. from Docr. Carter has been sent to the Auditors. As far as my attention may be necessary, his case will recieve it.
A Capt: of an American Vessel is just come up with an account of the arrival of a French fleet off the capes of Chesapeak, with a body of Troops on board. Many persons are so sanguine as to expect that this armament is destined agst. New York and that it will immediately possess itself of the Harbour of that place, before the arrival of a superior enemy can prevent it. Altho’ the troops on board seem to favor such a conjecture, there are improbabilities which with me outweigh that circumstance.
I am not enabled to make any addition to the intelligence from the Netherlands conveyed in my last. You will find by the inclosed paper that a Vessel is arrived at Boston from France, which brings some loose accounts. private letters tell us that Majr. Franks was a passenger in her. From him we shall probably receive further advices with respect to Europe in general, and ample ones from Madrid. I add to the paper of this morning two others of prior date which detail some interesting proceedings in the B. & I. Parliaments not published in the paper transmitted by last post. Some paragraphs of the Courier de L’Europe contained in neither of them, make it very probable that the New Ministry have been feeling the pulse both of Dr. F. & the Ct. of France. We are very much surprised that none of these important transactions should yet have come officially either to Congress or to the Chevr. de la Luzerne.
My situation obliges me to remind you of my late request touching pecuniary matters. If the interposition of your endeavors shall be necessary, to hasten a supply, it will I assure you be a very acceptable instance of your friendship.


Title: Comments on the Cost of the War, [31 July] 1782
From: Madison, James
To:

Editorial Note
On 31 July 1782 Congress resumed the debate begun the day before on the problem of how, in view of an empty treasury, to fulfill the pledge of 21 October 1780 to remunerate with half pay for life the continental army officers “who should continue in service to the end of the war or be deranged” (Comments on Public Faith and Credit, 30 July 1782, and editorial note, and n. 3; Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. pp. 73–74). On 31 July 1782 Jesse Root moved that “every State which shall settle with the officers belonging to their respective lines in regard to their half pay aforesaid and cause the United States to be exonerated therefrom shall be discharged from contributing any thing towards the half pay of officers in the line of any other State.” Recognizing that, if this proposal was adopted, a state which, in proportion to its population and wealth, had furnished fewer officers than another state would be able to discharge its obligation with comparative ease, Theodorick Bland moved to replace the italicized words in Root’s motion with, “Shall be credited in their annual quota to the amount of the half pay of the officers so settled with.” JM’s remarks, as summarized by Thomson, were obviously a rejoinder to Root and Bland and also to Eliphalet Dyer, who had spoken on behalf of Root’s motion (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 424–25; Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. pp. 74–75).

[31 July 1782]

Mr. Madison. All charges of war are by the Confederation to be paid out of one treasury. The motion violates this article of the Confederation; the amdmt is more conformable to it; but still does not meet his approbation.


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

Gentlemen
Virga. In Council August 1st., 1782
It gives me great pleasure to find that the States of Holland have at last de[c]lared in favor of the Independence of America I have no doubt but great good will result from it both to them & us. Your Secretary at War (Gen. Lincoln) has I think insulted the Sovereignty of the State exceedingly by giving orders (without even writing to me on the Subject) to Lavelette the French Officers commanding here, to destroy all the forts and fortifications at York Town. The forts and platforms to the Water were all built by the State, & are necessary for the defence of that river and its Trade, and it certainly was incumbent on the General to have left it at our option either to destroy them or not. Lavelette has been so obliging as to say I may preserve them if I please, & I have given Orders to Colo. Dabney to take possession of them, the Works thrown up by the Enemy or the French may be destroy’d if the Gen. pleases, but he certainly ought even in that case to have consulted the Executive whether they would be useful to the State or not. I shall take no further Notice of this than to beg the favor of you when you see the Gen. next to give him my Opinion of his Conduct. Gen. Washington was so complaisant as to leave the whole to me but the destruction would have been over before his Letter (which came by post) got to hand if Lavelette had obey’d his Orders strictly. The Assembly came to no determination on the subject you requested to be instructed in tho’ they had your Letter and one from me pressing the necessity for its being taken up. I am &c.
B. H.


Title: Notes on Jefferson’s Memorandum for Barbé-Marbois, [ca. 1 August] 1782
From: Madison, James
To:

Editorial Note
These notes on Thomas Jefferson’s answers to queries of François, Marquis de Barbé-Marbois, secretary of the French legation in Philadelphia, can be only approximately dated. Having been asked by Marbois in the autumn of 1780 “to give some details” on twenty-two listed subjects relating to Virginia, Joseph Jones referred them to Governor Jefferson for reply (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (17 vols. to date; Princeton,
        N.J., 1950——)., IV, 166–67; V, 58; Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., II, 116, n. 1; III, 331, n. 1). The pressure of official duties and the emergencies caused by the British invasions delayed Jefferson’s response until 20 December 1781.
Jefferson asked Jacquelin Ambler to forward this letter and emphasized that, in doing so, “more attention should be paid to safety than dispatch.” Bearing this caution in mind, Ambler held the letter for “Several weeks” before he was enabled by David Jameson to have it delivered to the Comte de Rochambeau in Williamsburg for dispatch by a “trusty Messenger” to Marbois in Philadelphia (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (17 vols. to date; Princeton,
        N.J., 1950——)., VI, 165, 171–72). Before conveying his thanks to Jefferson in a letter of 22 April 1782, Marbois had retained the notes long enough to make a copy of them, to feel warranted in believing that the merchant ship on which the original was being taken to France had escaped capture by “corsaires anglois” hovering in Delaware Bay or off the Delaware capes, and to show either the copy or the original to Charles Thomson, who as early as 29 January had manifested an interest in the notes (ibid., VI, 142 n., 149, 177–78; Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 119–20; 121, n. 6). About mid-April 1782 was therefore the earliest time that JM could have seen them.
Probably JM did not see the notes or make the present condensation until several months later. In a letter to Jefferson on 16 April and in letters to Randolph on 1 May and 11 June 1782, stressing the need to prepare a detailed defense of Virginia’s claim to the trans-Appalachian West, JM almost certainly would have referred to the relevant information in Jefferson’s memorandum if he had read it by those dates (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 154–55; 195–97; 333). In a letter of 5 July, Randolph remarked to JM that the number of Virginia militia in 1780 was about 50,000 or approximately one-fifth of the white population. Eleven days later JM replied: “Your computation of the numbers in Virga. tallies very exactly with one transmitted by Mr. Jefferson in an answer to several queries from Mr. M——s. It is as accurate as the official returns to the Executive of the militia would admit. His proportion of the fencibles to the white souls is stated precisly as your computation states it” (ibid., IV, 394–96; 417–19; 419, n. 5).
To have read Jefferson’s “answer” on this topic does not necessarily mean, of course, that JM had also taken his notes by 16 July. Granting that the notes reproduced here are all that he took, he did not include in them the data upon which he based the above observation to Randolph. In writing to him on 13 August (q.v.), JM followed a comment about having “lately seen a fact stated by” Jefferson, with a paraphrase of a passage either in Jefferson’s answers to Marbois or in his own notes on those answers. This evidence, although obviously inconclusive, suggests that JM made his notes about 1 August 1782. At that time he was eager to amass additional facts to strengthen his defense of Virginia’s title to the West. Thus it is not surprising that he confined his note-taking to the portions of Jefferson’s memorandum which dealt with the charters of Virginia, and “its limits and boundaries” (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (17 vols. to date; Princeton,
        N.J., 1950——)., IV, 166).
In 1782 this memorandum was already “voluminous,” but it would be “swelled nearly to treble bulk” by Jefferson before becoming three years later his memorable Notes on the State of Virginia (JM to Randolph, 26 November 1782; Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (17 vols. to date; Princeton,
        N.J., 1950——)., VI, 467; VIII, 147). By November 1782 Jefferson was reported to have “lost” his retained copy of the answers which he had sent to Marbois (Randolph to JM, 16 November 1782). These documents, the copy made by Marbois, and the copy possibly made by Charles Thomson, have all disappeared. For this reason JM’s notes, although mostly confined to a single subject, seem to be the only extant evidence of even a brief portion of what Jefferson wrote in his original memorandum.

[ca. 1 August 1782]

The Charters of the State of Virginia
1. 1584. March 25. 26. El: The letters patents granted by the Queen’s majestie to M. Walter Raleigh, now Knight for the discovering and planting of new lands and countries to continue the Space of six years & no more 3.Hakluyt. 243
1589. Mar. 7. 31 El: an assignment by Sr. Walter Raleigh for continuing the action of inhabiting and planting his people in Virginia. Hakluyt’s voiages 1st. Ed: (1580) p. 815.
1607. Mar. 9. 4 Jac. I. Letters patents to Sr. Thos. Gates Sr. George Somers & others for two several colonies to be made in Virginia and other parts of America. Stith’s Hist: ap. No. 1.
1609. May 23. 7 Jac. I. The second charter to the Treasurer and company for Virginia erecting them into a body politic. Stith. append. No. 2
1611/12 Mar. 12. 9 Jac: I. An Ordinance & Constitution of the Treasurer, council & company in England for a Council of State and General Assembly in Virginia. Stith do. No. 4.
1649. Sep. 18. 1. Car. 2. A grant of the Northern neck of Virginia to Ld. Hopton, Ld. Jermyn, Ld. Culpeper, Sr. John Berkeley, Sr. Wm. Morton, Sr Dudley Wyatt & Thomas Culpeper.
1651. Mar. 12. temp. Reipubl: Articles at the Surrender of the Country agreed to at James City in Virginia by the Commissioners of the Council of State by the authority of the Parliament of England, and by the Grand Assembly of the Governor, Council and Burgesses of that Country [the following are material articles of this Convention]
I. It is agreed and cons’ted that the Plantation of Virginia and all the Inhabitants thereof shall be and remain in due obedience and subjection to the Commonwealth of England according to the laws there established, and that this submission and subscription be acknowledged a voluntary act, not forced or constrained by a conquest upon the Country, and that they shall have and enjoy such freedoms and privileges as belong to the freeborn people of England.
IV. That Virginia shall have and enjoy the antient bounds and limits granted by the Charters of the former kings, and that we shall seek a new Charter from the parliament against any that have intrenched upon the rights thereof.
VI. That the privilege of having fifty acres of land for every person transported in this colony shall continue as formerly granted.
VII. That the people of Virginia have free trade as the people of England do enjoy to all places and with all nations, according to the laws of that commonwealth, and that Virginia shall enjoy all privileges equal with any English plantation in America.
VIII. That Virginia shall be free from all taxes, customs and impositions whatsoever, and none to be imposed on them without consent of the Grand Assembly, and that neither forts nor castles be erected, nor garrisons maintained without their consent.
1669. May 8. 21. Car: 2 A confirmation of the grant of the Northern Neck of Virginia to the E. of St. Albans, Ld. Berkeley, Sr. Wm. Morton and John Tretheway.
1676. Oct. 10. 28. Car: 2: The charter of King Charles the 2d. to his subjects of Virginia.
1688. Sep: 27. 4. Jac: 2. A confirmation of the grant of the Northern neck of Virginia to Lord Culpeper.
The following Charters also, tho’ objected to at the time of their passing, yet having been acquiesced under during the royal government, and ultimately confirmed by the present commonwealth at the time of establishing its constitution are interesting to Virginia so far as they change the limits fixed by former charters:
1632. June 20. 8. Car. 1. A grant of Maryland to Cecilius Calvert baron of Baltimore in Ireland.
1662/3. Mar. 24. 15. Car. 2. The first charter granted by Car. 2. April 4. to the proprietaries of Carolina, to wit, to the E. of Clarendon. D. of Albemarle. Ld. Craven, Ld Berkeley Ld. Ashley, Sr Geo: Carteret, Sr Wm. Berkeley, Sr Jo. Colleton. Mem: del’Amerique. 554 Virginia is bounded East by the Atlantic Ocean &c &c
By admeasurements through nearly the whole of the line dividing Virga. from N. Carolina, and supplying the unmeasured parts from good data the Atlantic & Mississippi are found in this latitude to be 758 miles distant equal to 13°38′ of long: reckoning 55 M. 3144 f to the degree. This being our comprehension of long: that of our lat: taken between this & Masons & Dixon’s line which is in lat. 39°.43′.42″.4 is 3°.13′.42″.4 equal 223.3 Miles, supposing a degree of a great circle to be 69. M. 854 f. as computed by Cassini.
The area of Virga. is nearly 100,000, or more exactly 98,886 square miles whereof 60,000, more exactly 58,861 lie westward of the Alleghany Mountains. This is somewhat larger than the islands of G.B. & Ireland which are reckoned at about 90,000, more exactly 88,357 square miles.


Title: To James Madison from Jacquelin Ambler, [ca. 3 August] 1782
From: Ambler, Jacquelin
To: Madison, James

[ca. 3 August 1782]
I waited on the Auditors yesterday and am informed they grant Warrts. on the Treasury for the Arrears due the Delegates from the last settlement of their Accounts. If you will transmit me an Account of the Number of Days you have attended Congress, I will obtain Warrts. for the amount, at the rate of 8 Dollars per day, and use my best endeavors to convert a part at least of them into Cash & remit you. On another enquiry at the Auditors Office I find nothing more than two transcripts of Accounts from you which remain unsettled by them, & they seem to think must still remain so; this being the case, I apprehend you can do no more than commence the Account of your attendance from the period when your expences were discharged by remittances from hence. It will give me real satisfaction to serve you in this or any other business you may have to transact here; I hope, therefore, you will command me freely.
We are all impatient here to know what is become of the Squadron of french Men of War which passed by some days since. No report but what the Papers of to day give us.
(Turn Over) Yours affectly
J. Ambler

entŕe nouś.


Title: From James Madison to Edmund Randolph, 5–6 August 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
Phla. Aug: 5th. 1782
Fra[n]ks has arrived with a long letter from Jay being a sequel of the insulting delays disappointments and tergiversations which form the history of his mission. To make our mortification complete he was finally suffered to protest the bills of Congress tho the amount did not exceed twenty five thousand ster——g. The blame of this [s]eemed justly to fall in part on France who probably meant to make that display of her importance to the U. S. This circumstance with some other passages in Jays letter which cannot be here recited, were fresh leaven to the antigallic ferment and revived the motion lately mentioned to you. It was again suspended by an adjournment but will be renewed and pressed to a decision. from the present temper of congress I infer that the decision if not reversive of the power given to France in the negotiation of peace will denote such a degree of discontent and distrust as will greatly impair the confidence on the side of our ally and may if discovered inspire the enemy with new hopes from a protraction of the war. It is very probable that this affair will eventually be adjusted on some middle ground. The venom against France will not be assuaged without some such expedient.
We are still without official information both from Mr. Adams, relative to the negociations with the States General, & from Docr. Franklin relative to advances made by the British Ct. at Versailles towards a general negociation. That such advances have been made may be inferred not only from private reports, but from repeated paragraphs in European papers. Whether they be sincere or insidious may be another question.

Augst. 6th.
A letter of the 14th. of May has come to hand from Mr. Jay in which he says that he is called to Paris by doctor Franklin. This call can only be in his capacity of minister for peace and in consequence of a prospect if not commencement of negotiations. He says nothing on the subject himself, but refers to intelligence which he take’s for granted would previously arrive from Paris. He congratulates [Mr. Liv]ingston on the acknowlegement of our independence by the united provinces. This is the first official evidence of that event.
The Committee as a member of which you prepared a certain report was yesterday augmented to five and filled up. The present composition of it promises a speedy and favorable report. The middle states are rendered apparently very ductile by their fears of a coalition between the eastern and southern in a change of the instructions for peace.
Mr. Mon[t]gomery has given notice to Congress of his intention to call for the report on the case of Vermont and to lay before them such information as he has acquired.
The French squadron which lately appeared off the Capes of Chesepeak are now off those of Delaware. The Ultimate destination of it is only a subject of conjecture. There is I believe no reason to expect more than en passant advantages from it.
In several of my late letters both to you & Mr. Ambler I have, intimated the necessity of some pecuniary remittances and asked your friendly attention to that subject. Will you give me leave to repeat this request?
Mr. Jones’s letter by yesterday’s post informs me of his purpose of visiting Philada. forthwith. Besides the pleasure I take in gratifying you with every interesting communication I must own that some of the particulars mentioned above are meant to hasten if possible a like purpose in yourself.
You will be able to distinguish the paragraphs in which each cypher is used without my specification of them.


Title: Comments on Instructions to John Jay, [6 August] 1782
From: Thomson, Charles
To:

Editorial Note
On 2 August 1782 John Rutledge had been appointed chairman of a committee, of which JM was also a member, to recommend “alterations or additions” in Jay’s instructions of 2 May 1781 as minister plenipotentiary to Spain (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 427; Comments on Instructions to Peace Commissioners, 2 August 1782, ed. n., and nn. 3, 4). The manuscript of the committee’s report of 6 August has not been found. The committee recommended that Jay be instructed to send to Congress “for their approbation” any treaty proposed to him by the court of Madrid, unless he was obliged to assent to a treaty immediately because it conformed with the pledge made by the United States “in the seperate and secret article of their treaty” with King Louis XVI. The committee’s further recommendation that “Jay be at liberty to leave Spain, and go into any other part of Europe, whenever the state of his health may require it,” was unanimously adopted, apparently without debate (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 449–51). Although Jay had suffered from rheumatism, this second resolution probably was intended to sanction covertly his trip to Paris to share in the peace negotiations, as requested of him by Franklin on 22 April (Wharton, Revolutionary Diplomatic CorrespondenceFrancis Wharton, ed., The Revolutionary
          Diplomatic Correspondence of the United States (6 vols.; Washington, 1889)., V, 150, 320–21, 404).
On the other hand, the first recommendation of the committee invited vigorous dissent. In the “secret article” to which the proposal referred, the United States had pledged that their envoy to Spain would sign “on the first Requisition of his Catholick Majesty, the act or acts necessary to communicate to him” his right “at such time as he shall judge proper” to become a party to the Treaty of Alliance and the Treaty of Amity and Commerce concluded in 1778 between France and the United States (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XI, 454–55). Arthur Lee initiated the debate by moving that the committee’s recommendation be confined solely to a directive obliging Jay to send to Congress any treaty proposals made by Spain. After Lee, Noble Wymberley Jones (Ga.), and Ralph Izard (S.C.) had supported this motion, and Joseph Montgomery, James Duane, and David Ramsay (S.C.) had opposed it, JM entered the discussion (Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. pp. 88–90).

[6 August 1782]
Mr Madison is also against the amendment; grants that there is some weight in the observation of his colleague with regard to the time of Spain’s accession. That the design of France was to engage Spain to enter into the present war & guarantee the independence of the U. S. agst G. B. Should she decline acceding until the conclusion of the war she ought not to be entitled to the benefit of the alliance or the future guarantee of the U. S. for her American possessions. He was not for striking out the paragraph or for limiting the time without the consent and concurrence of France.


Title: Virginia Delegates to Benjamin Harrison, 6 August 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir,
Philadelphia Augt. 6th, 1782.
We received the Letter your Excellency did us the honor to write the 27th ult.
The Committee to whom your Excellency’s letter, touching the garrisons of York and Gloucester was referrd, being pressd by us for their report, informd Congress, that they waited for some arrangements, which the Secretary at war was making on that subject, in order to compleat their report. These we understand to be, the dissmission of those garrisons, as soon as the french Stores are removd; which they state as the reason for Count Rochambau’s having desired to have them established. We shall attend to the interest of the State when the Report appears.
All possible enquiry shall be made respecting Mr. Linctot.
Tho no official accounts have been receivd of the evacuation of Savannah, yet it is not doubted; and it is expected that of Charles-town will soon follow. Advices from Europe make it probable, that a negociation for a general Peace has commencd; but on what terms, or with what probability of succeeding we are yet to learn.
We expected instructions from the general Assembly, on the Fishery, the admission of Vermont into the union, the western cession and the navigation of the Mississippi. But we have not receivd any.

We have the honor to be with the most perfect respect Yr. Excellency’s most Obedt. and most Humb’e Servts.
A. LeeJ. Madison Jr.
P. S. Upon enquiry we find that Mr. Morgan was the only continental Agent for Indian Affairs; and that the Officers here know nothing of Mr. Linctot.
Theo’k Bland except[?] that part marked with a dash underneath having already voted on that Question.

A Lee.


Title: From James Madison to Edmund Pendleton, 6 August 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. 6th Aug: 1782.
I shall pay due attention to the request contained in your favor of the 29th. relative to the slave of your nephew. Should I however be so fortunate as to recover him, the price of slaves here leaves no hope that a purchaser will be found on the terms demanded.
We have had several arrivals since my last but are still without official letters. The European papers, as you will see by the transcripts in the inclosed, teem with paragraphs relative to pacific negociations. The language & conduct of the New Administration of G. B. do by no means discountenance the supposition that they are more solicitous for peace than their predecessors, and less scrupulous as to the punctilio of national honor. But the insidious policy which has so long directed the British councils, should always restrain our hopes of peace from circumscribing our preparations for war. We expect every moment dispatches from our foreign Ministers which will elucidate the publications of the Gazettes.
The French Squadron which lately appeared off the capes of Chesapeake are now off the Capes of Delaware. I can say nothing as to its ultimate destination. Our trade I hope will at least receive some transient advantages from its visit to the American Coast.
I am Dr Sir with much regard yr. frd & Svt.
J. Madison Jr.
PS. Upon recollection, it will be impossible to dispose of the Slave in this State, there being a legal prohibition agst. it. Even his coming into [it] will operate as a manumission, unless the case of runaways be provided for which I believe is the fact. I will enquire more exactly into [the] matter.


Title: To James Madison from Edmund Randolph, 6 August 1782
From: Randolph, Edmund
To: Madison, James

My dear Sir
Richmond August 6. 1782
I should be ashamed now to acknowledge your three favors of the 9th., 16th. and 23d. Ulto., did I not hold myself excused for having omitted this act of gratitude by the inflexible and severe toils of my profession. On Tuesday the 23d. of July I left home for Wmsburg., where from the morning of the friday following to the afternoon of the next friday we were closely employed in the discussion of the rights and conduct of the flag, which I mentioned to you in my last.
She had on board a small cargo, amounting in value to 700 £ or thereabouts in Virginia currency. This and the transgression of her limits, communicated to you in my last letter, were assigned by me, as the causes, forfeiting the immunities, derived under the truce. Her supercargo prevaricated much to the dishonor of religion, in accounting for the manner, in which he acquired the merchandize. Part of them appeared to have been purchased with money, delivered to him by a citizen, at the capitulation of York; part were called presents to our Countrymen for favors, shewn to him in captivity; part were asserted to be the furniture of the vessel, and the remainder was called the conveniences of the passengers. The court were unanimous in contemning these palliations, and decreeing against the goods. There was not the same unanimity in condemning the hull of the vessel; tho’ here too the majority were with me. It was a doubt with Mr. Waller, whether actual hostility ought not to be proved, before the privileges of a flag could be forfeited. But altho’ this plea can scarce be available even in an armistice, arresting the motion of two armies, and seems far less so in the case of a vessel, admitted into the bosom of the country, yet I thought it not immaterial to shew in the depositions, that Alexandria is defended by a battery of four guns. The stratagems, used for the insinuation of british goods, are doubly wicked, in the attempt to corrupt us with the flesh-pots of Egypt, and in fortifying those attempts by the infamous outworks of perjury.
The answer, which I received from the auditors concerning your stipend is, that the allowance of an half Johannes by the day extends to all time past, as well as future: that you must state your account upon this idea: that warrants shall issue accordingly: and that you may obtain orders for money on account, as soon as any shall come into the treasury. In the mean time I will endeavour to negotiate one of these warrants for you, and my vigilance shall secure to you the first glimpse of coin, coming into the public coffers. But I beg you to believe, that as my present situation enables me to assist you with tobacco, that your draught on me at five days sight shall be duly honored. At a longer sight the sum drawn for needs not much limitation: but on the notice of five days I can pay fifty or an hundred pounds in tobacco. I pray you to inlist me into your service. But do not forget to send me an order on the auditors to draw warrants on account in your favor, until You transmit a full settlement of the balance due to you on the computation of a half Johannes per day.
Three clauses in your late favors are impenetrably locked up from me. I can discover, however, that you have fallen into the just keyword, as I am able to make out by this supposition the name of a certain gentleman, who probably has been zealous in the late business of finance. But farther than this I cannot go, and must therefore beg you to explain the mode, in which you have managed the cypher If you will inclose to me a sett of Mr. Livingston’s printed cyphers, I will fill them up, and send you a counterpart.
The distresses, which the scarcity of corn will produce in the ensuing year, and which indeed have already marked the present from this cause, are and will be infinitely severe. Prodigality in the use of the last year’s crop, and a parching drought, which has destroyed this, conspire in rendering the prospect sufficiently gloomy: bu[t] the daily, visible expulsion of specie from among us by some means or othe[r] gives new poignancy to the calamity.
To supply the defect of immediate publication in one volume the printer publishes the late laws weekly in the gazettes. With these you must be content, until they shall be collected in one book, when you may be assured of having a copy.
In the paper of Nicolson & Prentis of Aug: 3. you will find a curious preamble to your ordinance against collusive captures. “Some of the united States” are charged with carrying on the illicit trade. Can this be correct? or if correct as to the original, can it be so as to truth? I have not been able to compare this copy with the ordinance as published in the Philadelphia papers; they having been hurried from my hands almost as soon as received.
It is difficult to believe, that Fox means peace by his alarming speech; a discovery of weakness tending to this object in no manner, unless pity or contempt in the enemy can produce such an effect. I rather think, that he is labouring to store up abundant matter for apology, should the new ministry be at last compelled to the humiliating recognition of American independence; by exhibiting the errors of their predecessors at full length and in heightened colours. At a season too, when the appeal seems to be about to be made to British patriotism, what can excite it more than certain information, that the maritime superiority of Gr. Britain is gone—irrecoverably so, and to the abolition of their arrogance on the sea—unless bold exertions be put forth?
Dr. Lee informed me by the last post, that you are in grand committee on ways and means, and that our cession will probably be discussed, and indeed accepted, if we are firm; as nothing opposes the acceptance, but the claims of the companies. I wish he had been more explicit in specifying the cause, which disposes congress to resume the subject at this time. Is it the firmness, lately manifested by Virginia? or does the cutting off of every hope, that she will yield, call upon their enemies to employ a new detour? I really fear, that we shall not be able to accomplish our pamphlet as early, as was expected. The distance between the committee is so great, that I can obtain a communication with scarcely any of them. Should I not go to Phila. in Novr., the incomplete state of this business will probably be the reason. But believe me, if against public service a citizen dare urge private convenience, or indeed private ruin, my sufferings from the want of money for two months after my return, and a distrust, which my clients apparently entertain[?], lest my engagements northwardly should prevent my attention to their business, would furnish ample matter of excuse.
The uninteresting contents of this letter must be attributed to the total absence of novelty. The fleet has never been in Chesapeake. A frigate came in, to order the departure of the remaining French troops &c. But I cannot persuade myself that this armament is fitted for an enterprize; there being a report, that they carry the appearance of damage from tempest or battle. The commander has embargoed the flags of truce.
Adieu.
Betsey offers her affectionate compliments to Mrs. House Mrs. Triste and yourself. Tell Mrs. T. that I am not behind my wife in loving——her.


Title: Comments on Instructions to Peace Commissioners, [8 August] 1782
From: Thomson, Charles
To:

Editorial Note
See Comments on Instructions to Peace Commissioners, 2 August 1782, and ed. n., and nn. 3 and 4. Having failed on 24 July to bring to a vote his motion for a reconsideration of the American peace plenipotentiaries’ commission and instructions, Arthur Lee on 2 August gave notice to Congress that he soon would renew the matter (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 436, ed. n.; 438, n. 9; Comments on Instructions to Peace Commissioners, 2 August 1782, n. 4). Thus on 8 August he accepted as a substitute for his own proposal a motion by Jesse Root of Connecticut reading, “That a committee be appointed to revise and consider the instructions given to our ministers for negotiating a peace with Great Britain and report what alterations ought to be made therein” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 458; Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. p. 94). After John Rutledge had spoken in favor of, and Hugh Williamson in opposition to, the motion, Lee supported it in a speech of considerable length. Much to the point was his contention that France “in making a treaty” would be “governed by her own interest and from her long and close connection with Spain” would uphold the latter’s “large claims on the lands” between the Appalachian Mountains and the Mississippi River. Instead of the stipulation in the instructions binding the American commissioners to be governed by the “advice and opinion” of their French counterparts, Lee would require Franklin, Jay, Adams, and Henry Laurens only “to pay the utmost respect and place the utmost confidence in France, to take no steps without consulting her.” To continue the pledge to submit wholly to her decisions in the peace negotiations, Lee concluded, would be “ruinous to our independence” and “expose us to the contempt and scorn of all the nations of Europe” (Thomson, “Debates,”Charles Thomson, “Debates in the Congress of the Confederation from
        July 22d to September 20th, 1782,” Collections of the New-York
          Historical Society, XI (1878), 63–169. pp. 95–96). JM’s remarks immediately followed those of Lee.

[8 August 1782]
Mr Madison grants that the instructions given are a sacrifice of national dignity. But it was a sacrifice of dignity to policy. The situation of affairs and circumstances at the time rendered this sacrifice necessary. Nothing essential is given up, nor did it render our situation less precarious than it was before; nay he was persuaded that this mark of confidence gave an additional security to our interests as the Court of France must be sensible that the odium of unequal or hard conditions will now rest wholly on her. At least he was sure that the instructions given did not weaken that security. Our interests are as safe in her hands now as they were before or as if the ministers were left wholly to their discretion. Our ministers may still, notwithstanding the instructions given, state & assert our claims and contend with the utmost earnestness for our rights, and it is only in the last extremity when all their pleas, all their reasoning and all their most earnest endeavours prove ineffectual that they are ultimately to govern themselves by the advice and opinion of the Court of France; and must not this have been the case if the instructions had never been given? France has voluntarily bound herself by the treaties she has entered into with us to secure and guarantee our independence & sovereignty absolute and unlimited as well in matters of government as commerce. What indication has she given of any alteration of sentiment or conduct towards us? It is her interest as well as policy to secure the affections of the people of these States and forever separate us from G. Britain. She can never think us formidable to her while we continue absolutely independent, nor will she ever object to our enlarging our boundaries or increasing our commerce & naval power unless we give her reason to suspect a want of confidence in her and a disposition to reunite ourselves with her ancient enemy. In that case interest and policy will both unite and induce her to keep us as weak as possible. Whether withdrawing our confidence at this critical moment will not give just grounds of suspicion and jealousy he leaves gentlemen to determine. There was a passage in Mr Jay’s letter lately read which made a strong impression on him; he did not know whether it made the same on others. He meant that passage which mentioned the fears and suspicions occasioned by the late change in the British administration, lest the men now in office who had always professed themselves friends to America and had in such severe terms condemned the war might influence the councils and conduct of the Americans. The withdrawing the instructions given on the 15th June, 1781, added to what has passed with regard to Spain, will increase that jealousy.
Let us consider how it will operate on Great Britain. Tired with the war and disappointed in all her attempts to separate us from France, there is reason to think there are serious thoughts of peace, but flushed with her late success and flattered with the hopes of rising dissentions & jealousies between us & the other belligerent, will she not be encouraged to prosecute the war with new vigour & try by redoubled efforts to reduce us to her power?
But it is said our dignity is stained, and that we must revoke the instructions in order to wipe off that stain and restore its lustre. But will this do? Will it repair our loss of dignity in the eyes of the nations of Europe to convince them we are a people unstable in our councils & measures, governed wholly by circumstances, abject & profuse of promises when in distress and difficulties, but who veer about on a change of circumstances & on whose promises and professions no reliance can be placed? In a word, continued he, I am persuaded that a change in the instructions will not add to our security. I am persuaded that it will give umbrage to our ally, and by a seeming act of ingratitude or of diffidence awaken her suspicions and jealousies, and abate her zeal in our favour. I am persuaded that the umbrage and jealousy which this measure will excite will be prejudicial to us and will give encouragement to our enemy to prosecute the war. I am persuaded it is now too late to alter, and that withdrawing our confidence will not cure the wound given to our national dignity. For all these reasons I shall be against touching the instructions given. But if any member thinks that anything farther can be done to secure to the United States the several objects claimed by them, I shall have no objections to that, it being well understood that no encroachment is to be made on the instructions given, but they are to remain in their full force. I shall therefore move that the motion before the house be postponed, and if that is carried I shall then move——
That a Comtt be appointed to take into consideration and report to Congress the most advisable means of securing to the United States the several objects claimed by them and not included in their ultimatum for peace of the 15th day of June 1781.
I now move that consideration of the motion before the house be postponed.


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

Editorial Note
This dispatch is concerned mainly with an unnamed ship and a number of persons identified only by their surnames or places of residence. Although Governor Harrison leaves the impression that he or the delegates had mentioned the episode in their earlier correspondence, they apparently had not done so and would not do so in the future. Only the file copy of each of the five letters sent between 29 June and 27 July by Harrison to the delegates survives, but his clerk seems to have entered the full text of each of these communications in the executive letter book, with the possible exception of the one of 11 July (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 377–78; 385; 398–99; 402; 405–6; 412–13; 427; 430; 438–39; 446).
Unlike the others, that dispatch by ending abruptly suggests that the transcriber may have omitted a concluding paragraph which, in the recipient’s copy, perhaps informed the delegates about the libeled vessel and the persons mainly connected with its condemned cargo. This explanation would account for the evident belief of the governor in his dispatch of 8 August that the delegates were conversant with the case, even though it would not answer why the delegates, having received that dispatch, made no comment upon the matter in their letter of 20 August to him (q.v.). Alternative possibilities are that the subject was treated in an enclosure, now lost, in one of their customary weekly interchanges, or in a special letter, now missing, other than those routine dispatches.

Gentlemen.
Council Chamber, August 8th. 1782.
I have heard Burkes goods are condemn’d but Mr. King who seized them and to whom they all go by our Laws gave me to understand that he would give much the greater part of them up to him if I had no objection to it. I applauded him much for his intentions and assured him tho’ he was a Public Officer neither myself nor any other Man of sensibility would think him wrong for doing it. If he should forget his promise which I do not think he will, I will remind him of it and endeavour to prevail on him to keep it. Mr Meads or Mr. Nelson’s reflections on the Gentlemen in trade at Petersburg are injurious and unjust, several of them took great pains to persuade Burke to go down and enter his goods, assuring him they thougt he might do it with safety, but could not prevail on him. The recruiting service is not yet begun [.] the success we meet with shall be communicated as soon as I am informed of it. I am with respect Gentn. your’s &c.
B.H.


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

Sir,
Phidelphia Augt. 9th. 1782
An Express despatchd, this day, gives an opportunity of conveying to your Excellency, the following Extract of a Letter receivd from Sir Guy Carleton & Admiral Digby, by Genl. Washington, & by him communicated, this day, to Congress.
“We are aquainted Sir, by authority, that negociations for a general Peace, have already commencd at Paris, & that Mr. Grenville is invested with full Powers, to treat with all Parties at war, & is now at Paris in the execution of his Commission, & we are likewise, Sir, further made acquainted, that his Majesty, in order to remove all obstacles to that Peace, which he so ardently wishes to restore, has commanded his Ministers to direct Mr. Grenville that the independency of the 13 Provinces shoud be proposd by him, in the first instance, instead of making it a condition of a general treaty; however not without the highest confidence, that the Loyalists shall be restord to their possessions, or a full compensation made them for whatever Confiscations may have taken place”: dated Augt. 2d. 1782”
The british Commanders add a repetition of their proposition for an exchange of our Seamen for their Soldiers.
The Commander in chief also informs Congress, that Troops are embarking at N. York, as it is said for Charlistown.
The Enemy appear to have publishd & circulated the above declaration of the Instructions given to their plenipotentiary, thro the U. S.
Your Excellency will perceive that the Enemy are providing for war while they are flattering us with propositions of Peace & Independence, & therefore that we should be well advisd not only, not to remit of our preparations, but to redouble our efforts, which may make, what might be a feint, a reality.
We have the honor to be with the greatest respect Yr. Excellencys most Obedt. Servts
Theok. Bland JrJ Madison Jr.A. Lee


Title: From James Madison to Edmund Randolph, 9 August 1782
From: Madison, James
To: Randolph, Edmund

Philada. Augst. Ninth 1782.
Extract of a letter from Carlton & Digby to Gen Washington.
Augt. 2.
“We are acquainted Sir by Authority, that negociations for a general peace have already commenced at Paris & that Mr. Grenville is invested with full powers to treat with all parties at war, & is now at paris in execution of his Commission. And we are likewise Sir further made acquainted, that his Majesty in order to remove all obstacles to that peace which he so ardently wishes to restore, has commanded his Ministers to direct Mr. Grenville, that the Independency of the thirteen Provinces should be proposed by him in the first instance, instead of making it a condition of a General Treaty; however not without the highest confidence that the Loyalists shall be restored to their possessions, or a full compensation made them for whatever confiscations may have taken place”
This is followed by information that transports are preparing to convey all American prisoners in England to the U. S. and a proposition for a general exchange in which Seamen are to be placed agst. Seamen as far as they will go, & the balance in favr. of G. B. to be redeemed by land prisoners, the former to be free, the latter not to serve in war agst. the 13 Provinces for one year. An embarcation taking place at N. Y. either for Charleston, either to reinforce that Garrison or replace it.
The preceding letter was published in N. York at the same time that it was sent to Genl. Washington. I commit this intelligence to your discretion; making no other remark than that it clearly calls for our watchfulness at the same time that it flatter[s ou]r expectations.
J. Madison.
The departure of the Express does not leave me [time to?] put this into a more decent form.


Title: Report on Washington-Carleton Correspondence about Treason, [12 August] 1782
From: Madison, James
To:

[12 August 1782]
The Committee to whom were referred Genl Washington’s letter of  with the papers inclosed submit the following report.
That Congress approve the conduct of General Washington in refusing to enter into any discussion with Genl Carlton on the subject of the Treason laws passed by the several States.
x
1x That the States of America which compose the Union being sovereign & Independent, the laws respectively passed by them for their internal government & the punishment of their offending Citizens, cannot be submitted to the discussion of a foreign power much less of an enemy.
2 That as soon as due provision shall be made on the part of the Enemy for settling & discharging the balance due to the U. S. for the past maintenance of Prisoners, and solid arrangements made to provide for them in future, a general exchange of Prisoners will be concurred in on the part of the U. States.
3 That a copy of the two last resolutions be transmitted by Genl Washington to Genl Carlton.


Title: To James Madison from Edmund Pendleton, 12 August 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga. Augt 12th 1782
Not having the pleasure of a letter from you last week and little Interesting Intelligence here, my letter, as to frequently happens, will be a very dull one. The French Fleet hath left us, but the Port it sailed from, as well as its destination are secrets to Us; One of their Frigates hath sent in a sloop of War taken from the British off our Coast. Savanah is certainly evacuated, which I consider as a prelude to the Abandonment of Charles Town.
Pray is it true that the Dutch have a large Fleet arrived at Surinam? And did they on their passage make prizes of 4 British Ships of the line & 4000 troops bound to the West Indies? such is the agreeable news our printers have given Us, but not such proofs as are satisfactory.
The torture of Colo. Crawford by the Indians to the Westward I suppose was in Revenge for the Massacre of the poor Moravians by our people some time agoe; yet resentment for this will take place in our back people, and perhaps continue for years a scene of mutual bloodshed.
A light Rain or two which has fallen since my last have been of some service to our corn, but not sufficient to relieve Us from our Apprehensions of want in that Article; a short crop of that & tobacco, will I believe be inevitable, and yet the Merchants talk of giving Us but two Dollars p ct for the latter, which some necessitous people take on Rappa. On James & Pamunky Rivers they give 20/. I am
Dr Sr Yr affe Servt
Edmd Pendleton