Title: To James Madison from Philip Mazzei, 13 March 1782
From: Mazzei, Philip
To: Madison, James

Carissimo Amico
Firenze 13. Marzo 1782.
Eccovi La mia terza in risposta alla sola gratissima vostra pervenutami data di Filadelfia di 25. 8bre 1781, e diretta a me in Firenze. Quelle che dite avermi scritte anteriormente, non mi son pervenute. Vi ringranzio delle nuove favoritemi tanto in essa, che nel P. S. alla gazzetta; ma son giunte troppo tardi, forse per non aver voi inclusa La Lettera in una sopraccarta diretta a Mr. Mark Lynch Mt. in Nantes, conforme desiderai nella prima mia de’ 30. 9bre 1780, La quale io comprendo aver voi ricevuta, perchè fate menzione d’un paragrafo in cifra, e nella 2da. de’ 7. 10bre. dell’istesso anno non vi era cifra. Poichè mi dite avervi scritto Mr. Jameson, che La cifra è persa, il detto Paragrafo resterà sotto chiave finchè io abbia il desiderato piacere di rivedervi. La mia 2da., che non sento aver voi ricevuta, conteneva La nuova della morte della Regina d’Ungheria, e alcune reflessioni sul sistema politico delle Potenze del Nort, che credevo doversi comunicare al Congresso, considerata La Fonte dalla quale ricevevo, come ricevo, i dati certi che mi autorizzano a congetturare con qualche fondamento. Dopo quel tempo è seguito un cambiamento stupendo, che allora non era neppur da sognarsi. Questo è il distacco della Russia dalla Prussia per collegarsi strettissimamente coll’Imperatore. Molti ne congetturano i principj politici, ma s’ingannano, quantunque Le operazioni future potranno forse far Loro credere d’aver bene indovinato. Il vero motivo è tale, che fornisce delle serie reflessioni, molto consolanti per chi à La sorte di esser cittadino di Patria Libera; ma senza cifra non posso scriverlo. Questo inaspettato, e sorprendente evento comincia ora ad esser pubblico. Son però più d’otto mesi che ne avevo dei forti indizj, e più di quattro che Lo sapevo di certo. Desideravo che fosse partecipato al Congresso; ma non sapendo se voi eri tuttavia in Filadelfia, ne scrissi al nostro Governatore nella mia 27ma. Lettera d’Officio il 1mo. 9bre 1781, e da quel che dissi in quella, e quel che aggiunsi nella 30ma. dei 18. Gennajo passato, si può rilevare un prospetto assai chiaro della presente situazion politica d’Europa. Si pretende che La Russia, e L’Imperatore abbian convenuto di cacciare il Turco d’Europa; i preparativ Loro, come pure quei del Turco par che avvalorino La Supposizione; e si teme da per tutto di una guerra universale. Per Le ragioni indicate nella detta Lettera 30ma., e per altre ancora, io continovo a credere che L’Imperatore procurerà di evitar La guerra. Se poi La Russia e L’Imperatore convenissero col Rè di Prussia di dividersi La Turchia Europea, come fecero di una porzione della Pollonia, La cosa riescirebbe senza strepito, e non produrrebbe altra consequenza che L’ingrandimento dei dominj di quelle tre Potenze. Ma volendo far ciò senza il consenso del Rè di Prussia, o volendo L’Imperatore tentare di ricuperar dal medesimo La Slesia, confidando nell’alleanza della Russia, ne seguirebbe una Lega tra il Turco Prussia e Francia contro Inghilterra Russia e Imperatore, colla superiorità dei primi (secondo La mia opinione) per tutti i capi. Le Finanze di questi sono in molto miglior situazione di quelle degli altri; il numero degli uomini maggiore, poichè L’Inghilterra non potrebbe somministrarne; megliore il comando stante che i Turchi medi. agirebbero sotto Generali prussiani; e tra gli altri stati piccoli, e mediocri, che prenderebbero partito quando seguisse una guerra universale, prepondererebbe La forza di quegli che si unirebbero a questi. La Svezia non si staccherebbe dalla Francia, e il corpo Germanico preponderà di molto in favore del Rè di Prussia. A me pare dunque, che qualunque piega prendano Le cose in Europa, La nostra Causa sia stabilmente assicurata, e che i nostri affari debbano andare di bene in meglio.
Per La via di Francia sarete informato prima dell’arrivo di questa della presa del Forte S. Filippo, per cui L’Isola di Minorca è ora intieramente in possesso degli Spagnoli. Ci è qualche apparenza che Gibilterra possa subire L’istessa sorte. Il Governo Inglese pretende d’aver buone nuove dall’Indie Orientali, ma oltre il non farcene parola, i fondi della compagnia all’arrivo delle meda. caddero dal 139. al 134. I 3 per 100. consolidati erano cogli ultimi avvisi a 54⅝. Danno fuori che son per fare gran preparativi contro di noi, ma io son persuaso che, non ostante tutti i Loro sforzi faranno poco più del parturiens mons.
Coll’ultima mia degli 8. del corrente al nostro Governatore, che è La 31ma. d’Officio, gli mandai 3. di quei miei scritti, che ò procurato di render più pubblici che ò potuto, non solo in Italia, come in altre parti d’Europa. Avrei piacere che gli vedeste; ne ò mandate 2. copie; se giungessero ambedue a salvamento potreste farvene mandar’una. Il primo, che scrissi al principio dell’anno passato, à per titolo Ragioni per cui non può darsi agli Stati Americani La taccia di ribelli. Avendo io scritto per questo Sovrano, affinchè Lo facesse Leggere all’Imperatore suo Fratello, conforme Lo pregai, feci valere unicamente quelle ragioni, che possono sodisfare La Sovranità. Il secondo, che scrissi L’Aprile seguente, L’intitolai Reflessioni tendenti a prognosticar L’evento della presente guerra. Siccome per quel che gli avevo detto prima di venire in America, e per quel che d’America gli avevo scritto, al mio arrivo in Firenze mi disse che io avevo predetto tutto quello che è seguito, Leggendo Le dette Reflessioni voi vedrete, che non à potuto, e non può far di meno di convenire che Le mie profezie continovano ad avverarsi. Il terzo, che scrissi nel passato gennajo, è intitolato Istoria del principio, progresso, e fine del denaro di Carta degli Stati Uniti d’America.
Nella vostra dei 25. 8bre non facendomi voi menzione del contenuto nella mia di 30. 9bre 1780, devo supporre che mi ci abbiate risposto sufficientemente nelle precedenti, che non ò ricevute; il che probabilmente non sarebbe seguito se ne aveste fatte d’ognuna 3. duplicate, come fo io, e a tutte aveste fatta una sopraccarta diretta a Mr. Lynch. Sappiate per tanto che io son tuttavia nell’istesse circostanze che ero allora. Non so nulla riguardo ai Nostri Loan-Officies, e non mi è stato rimesso un soldo. Mr. Penet protestò fin La Cambiale di 300. Luigi, che il Governatore mi ordinò di trargli fin dai 31. Maggio 1780. A quest’ora saprete gl’imbroglj di quel soggetto, il carattere del quale avevo già bastantemente dimostrato nella mia 12ma. d’Officio data di Parigi ai 20. Aprile 1780. Se vedeste tutte Le mie Lettere al nostro Governo, son persuaso che vi sentireste scuotere dalla pietà della mia Situazione, e dallo sdegno di vedermi tanto crudelmente negletto. La vostra amicizia per me, La premura che dovete avere per il decoro dello Stato, e L’amor del giusto e dell’onesto v’impegnano ad adoprarvi premurosamente, affinchè senza ulterior dilazione si pensi a trattarmi come è di ragione. Voi non ignorate, Amico, il mio carattere in quanto all’attività, e allo zelo. Sappiate dunque, che La mia bocca, La mia penna, i miej pensieri, tutte Le mie azioni sono state dal punto in cui ricovrai La Libertà costantemente, e quasi unicamente impiegate in promuovere (per quanto Le mie circostanze permettevano) gl’interessi della nostra Patria, e in far comparire nel più Luminoso aspetto La giustizia della nostra Causa. Questo è ben noto in Italia e in Francia, e non s’ignora totalmente in altre parti. Finora ò potuto mediante il mio credito tener celato il trattamento che ò ricevuto, ma il tempo della crise è imminente. Finirò col rammentarvi, che siccome doveva esservi a cuore, che L’amico vostro si comportasse in maniera Lodevole, così dovete per quanto è in poter vostro adoprarvi, affinchè egli non sia strapazzato. Nelle mie Lettere al Governo potete vedere, che quel che non ò fatto, è derivato unicamente dal non avermene il Governo medesimo conferito il potere. Addio.
Vostro Affezmo: Servo e Amico
Filippo Mazzei

Dearest Friend
Florence 13 March 1782
Here is my third letter in response to your most gracious one dated Philadelphia, 25 October 1781 and addressed to me in Florence. The letters that you said you had previously written to me have not arrived. I thank you for the encouraging news and for that in the P.S. to the gazette; but they arrived so late, perhaps because you did not enclose the letter in an envelope addressed to Mr. Mark Lynch Mt. in Nantes in accordance with the instructions in my first letter of 30 November 1780. I believe that you have received the letter, because you mention a paragraph in code, and in my second letter of 7 December of the same year there was no code for you. Since you indicate that Mr. Jameson has informed you that the code is lost, the said paragraph will remain under lock and key until I shall have the pleasure of seeing you again. My second letter, which I feel you have not received, contained the news of the death of the Queen of Hungary and some reflections on the political system of the Northern Powers, which I believed ought to be sent to the Congress, considering the source from which I received it, how I received it, and certain data which permits me to conjecture with some confidence. Since that time a stupendous change has happened, which was not even dreamed of then. This is the estrangement of Russia from Prussia in order to ally herself very closely with the Emperor. Many are speculating on the political principles involved, but they deceive themselves, although future events may perhaps cause them to believe that they have guessed well. The true motive, which comes from serious reflection, gives much consolation to one who has the good fortune of being a citizen of a free country; but without code I cannot write about it. This unexpected and surprising event is now becoming known publicly. I had a strong inkling of it more than eight months ago, however, and I knew about it for certain more than four months ago. I wanted Congress to be informed, but not knowing if you were still in Philadelphia, I wrote about it to our Governor in my 27th official report of the first of November 1781. A very clear view of the present European political situation can be drawn from that report and from what I added in my 30th report of last January 18. It is said that Russia and the Emperor have joined together to drive the Turk from Europe; their preparations, as well as those of the Turk, tend to strengthen the supposition; and everywhere there is fear of a universal war. For the reasons indicated in my 30th report, and also for other reasons, I continue to believe that the Emperor will endeavor to avoid war. If Russia and the Emperor should then unite with the King of Prussia to partition Turkey-in-Europe, as they did with a portion of Poland, it would pass without serious incident and would produce no consequences other than the aggrandizement of the dominions of the three Powers. But if they wish to do this without the concurrence of the King of Prussia, or if the Emperor, relying on an alliance with Russia, wanted to try to recover Silesia from the King of Prussia, there would arise a league between the Turk, Prussia, and France against England, Russia, and the Emperor. All the advantages would be held by the former (in my opinion). The finances of the former are in much better condition than those of the other group; the number of men greater, since England would not be able to provide any; the command better because the Turks would move under Prussian generals; and the small and mediocre states that would take part when a general war developed would join forces with the states to which they are allied. Sweden would not detach herself from France, and the body of Germanic states would throw their weight in favor of the King of Prussia. It appears to me, however, that whatever course things may take in Europe, our Cause is firmly secure and our affairs must get better and better.
You will probably have been informed via France before this letter arrives of the capture of Fort St. Philip, and that as a result, the entire island of Minorca is in the hands of the Spaniards. There is some indication that Gibraltar might suffer the same fate. The English Government claims to have had good news from the East Indies, but it has not been clarified and the stocks of the company fell from 139 to 134. At last notice the 3 per 100 consolidateds were at 54⅝. It is rumored that they are making great preparations against us, but I am convinced that in spite of all their efforts they will do but little more than parturiens mons.
With my last letter to the Governor of the 8th of this month, which is my 31st report, I sent him three of my own written works, which I am trying to make more widely known than I have been able to in Italy or elsewhere in Europe. I should be pleased if you could see them. I have sent two copies, and if both have arrived safely you can have one copy delivered to you. The first work, which I wrote at the beginning of last year, is called The reasons why the American States cannot be given the stigma of rebels. Having written it for this Sovereign I asked him to persuade his brother, the Emperor, to read it; in accordance with this I stressed only those reasons which might uphold Sovereignty. The second work, which I wrote the following April, is entitled Reflections tending to forecast the results of the present war. In view of what I had said about this subject before coming to America and what I had written from America, he remarked on my arrival in Florence that I had predicted every occurrence. On reading the said Reflections you will see this for yourself, and you can do no less than agree that my predictions continue to prove true. The third work, written last January, is called History of the origin, progress, and purpose of the paper money of the United States of America.
Since you did not mention the contents of my letter of 30 November 1780 in your letter of 25 October, I must assume that you have referred to them in your previous letters, which I have not received. This probably would not have happened if you had made three duplicates of each letter, as I do, and above all if you had used an envelope addressed to Mr. Lynch. Notwithstanding, be it known that I am still in the same circumstances as before. I know nothing regarding our Loan-Offices, and not one soldo has been remitted to me. Mr. Penet even protested the Bill of Exchange of 300 Louis d’or that the Governor directed me to draw after 31 May 1780. By now you will know of the imbroglio surrounding this subject, the nature of which I have amply demonstrated in my 12th report dated Paris, 20 April 1780. If you were to see all of my letters to our Government, I am certain that you would be moved to pity by my situation and angered to see me so cruelly neglected. Your friendship for me, the zeal which you have for the honor of the State, and your love of justice and honesty oblige you to take immediate action so that I may receive just treatment without further delay. You know full well, my friend, how active and enthusiastic I always have been. Be it known, then, that ever since I regained my freedom, my mouth, my pen, my thoughts, all of my actions, have been constantly employed, and that I have labored almost solely (whenever my circumstances permitted) to promote the interests of our Country and to illuminate the justice of our Cause. This is well known in Italy and in France, and it is not totally unrecognized elsewhere. Up to now I have been able to keep the treatment I have received concealed by means of my credit, but the time of crisis is imminent. As it should give you heart to know that your friend conducts himself in a laudable way, I shall conclude by reminding you that you must find it within your power to take action so that he may not be rebuked. You can observe in my letters to the Government that what I have not done stems only from the fact that the Government itself has not granted me the authority. Farewell.
Your most Affectionate Servant and Friend
Philip Mazzei


Title: From James Madison to Thomas Jefferson, 18 March 1782
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. March 18th. 1782

In my last to you on the subject of the map in the hands of Dr. Smith I informed you of the little chance of getting a copy of it for you. Nothing has since occurred wch. affords the least expectation from that quarter, but I have met with a bundle of old pamplets belonging to the public Library here in which is a map published in 1650 which from this & other circumstances I am pretty confident is of the same impression with that of Doctr. Smith’s. It represents the South sea at about 10 days travel from the heads or falls I forget which of James River. From the tenor however of the pamphlet to which it is immediately annexed & indeed of the whole collection there is just ground to suspect that this representation was an artifice to favor the object of the publications which evidently was to entice imigrants from England by a flattering picture of the advantages of this Country, one of which dwelt on in all the pamphlets is the vicinity of the S. Sea, and the facility it afforded of a trade with the Eastern World. Another circumstance wch. lessens much the value of this map to the Antiquary is that it is more modern by 25 years than those extant in Purchase’s pilgrim, wch. are referred to in the Negociations between the British & french Commissaries touching the bounds of N. Scotia as the first of Authenticity relating to this part of the world. If notwithstanding these considerations you still desire that a copy be taken from the map above described I shall with pleasure execute your orders, or if you wish that a copy of the map of Virga. or of the whole country may be taken from those in Purchase, your orders shall be equally attended to. I much doubt however whether that book be so extremely scarce as to require a transcript from it for the purpose you seem to have in view.
You will find in the inclosed gazette all our latest intelligence both from Europe & the W. Indies. The Ministerial speeches in Parliament as well as other considerations render it pretty certain that the system for recovering America will be changed. A peace with Holland & a suspension of the expensive operations in America, are to give their resources full play agst. France & Spain, whilst all the arts of division & seduction will probably be practised on the U. States.

Congress have taken no step in the business of the Western territory since the report of the Committee of which I have already given you an account, & which we hear arrived at Richmond on the day of the Ajournment of the Assembly. We wish it to undergo their consideration, & to receive their instructions before we again move in it. Mr. Randolph by whom this goes, will probably be present at the May Session & will be possessed of every information that may be necessary. I refer you to the interview with him which I hope that occasion will afford you for other congressional intelligence.
I am this moment told that pretty certain information is come to hand of the final reduction of St. Kitts.
With great regard I am Dr. Sr. Yr. obt. friend & Servt.
J. Madison Jr.


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

Sir
Philadelphia March 19th. 1782

The Motion we made for Congress to accept the Beef, that might be supplied by the State for the southern Army above her former quota of that article, in discount for its value in the last Quota; is referrd to the Super-intendant of Finance, who has not yet reported upon it. If our accounts are true, touching the evacuation of Charlestown, which is said to have taken place on the 24th. ult. it will hardly be an object for us to press, considering the precedent it will establish.
The capture of Cornwallis and of his Army, has made a great impression on the European Courts in our favor; & the evacuation of the southern parts of the U. S. will probably raise such an opinion of the establishment of our Independancy beyond the power of G. B. to shake, as to incline some of those Courts to an Alliance, that may make our Enemies dispair of ever succeeding against us. The alarm in England is very great. Strong & pointed Petitions have been presented against continuing the war, the opposition in the House of Commons has reachd within 41 of the ministerial majority, & the accounts from N. York are, that the Lords North, Germaine & Sandwich are actually displaced. Vigorous preparations, on our part, for the ensuing campaign, will give such efficacy to these impressions, as may probably put a period to the war.
We enclose the Paper, which will shew the success of our Ally in the W. Indies.
Our Colleague Mr. Randolph, who left this place for Richmond yesterday, will give you a more particular account of the contents of our latest Dispatches, & of the proceedings here, than it is proper for us to commit to Paper.
We have the honor to be, with the greatest respect, Sir, Yr. Excellency’s most obedt. & most Humb. Servts.
J Madison Jr.Jos. JonesA. Lee


Title: From James Madison to Edmund Pendleton, 19 March 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. March 19th. 1782

Yesterday’s post brought me your favor of the 11th instant, which if my recollection does not fail me is an act of supererogation, the terms of our contract entitling Mr Jones alone to your correspondence of the present week. To show you how acceptable it is to me I have selected the inclosed gazette published here last week as containing the greatest portion of entertaining & interesting matter which we have of late recd. I leave it to Mr. Jones to transmit you the gazette of this morning.
The Ministerial Speeches with other circumstances place it beyond a doubt that the plan for recovering America will be changed. A separate peace with the Dutch, a suspension of the offensive war here, an exertion of their resources thus disencumbered against the naval power of France & Spain and a renewal of the arts of seduction & division in the U. States will probably constitute the outlines of the new plan. Whether they will succeed in the first article of it can not be ascertained by the last intelligence we have from Holland. It is only certain that negociations are on foot under the auspices of the Empress of Russia. Mr. Randolph set off this morning & will probably reach you nearly as soon as this. I leave it to him to make known other particulars. I am &c.
J. Madison Jr.


Title: John Bradford to Virginia Delegates, 20 March 1782
From: Bradford, John
To: Virginia Delegates

Gentlemen
Boston 20th. March 1782

Your favor under the 5th. currt. reached me last evening by the post, to which I beg leave to reply that the Stores lye unsold tho’ nothing has been wanting in my power to get them off, the most I coud obtain for the Shot was the price of old Iron and but one or two articles among the whole that would sell to greater advantage. I found if I had risked them at vendue they wd. scarcely have sold for enough to pay charges. Our Governor gave me hopes that great part of them might be purchased for the use of our Castle, and when the Court met I preferred a memorial, offering the Articles at prime Cost, but in vain. they gave me for answer they were not wanted, if the spirit of privateering sd. again revive they may be in demand in part & with that prospect its possible there may be those who might speculate. If you chuse to have them sold at auction you will please to signify & it shall be done on the best terms possible.
I have &c.
(signed) J. Bradford


Title: Expense Account as Delegate in Congress, 20 March 1782
From: Madison, James
To:

From Decr. 20–1781—to March 20–1782

1781.
Pena. Curry.

Decr 28.
To Cash recd. of T. Pleasants
£ 75

By balance on Decr. 20th. 1781
 £

1782.

March 20
By Board & Lodg. includg. liqrs. &Ca
96..10..6

Jany. 9.
To do. recd. of Haym Solomons by order from do
100

  By incidental expences not included in the above
4.. 7...

March 2d–9
To do recd. of Peter Whitesides in

By expence of 2 Horses
18.. 5..4

  consequence of directions from Mr. Ross
106..5

By Washing
6..11..2

£281..5

By Wood abt. 4 Cord
10..12..6

By allowance for 90 days at

E. Excd. J. Madison Jr.


Title: Benjamin Harrison to Virginia Delegates, 23 March 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Virginia March 23d: 1782

A privateer belonging to this State has seized a flag in one of the Ports of North Carolina, and brought her into this Country, libelled and condemned her in our Court of Admiralty, which has given such offence to Govr Burke that he once intended to send an armed force to carry her back. I hope he has given over this rash design on a promise made him by the Executive to give all the satisfaction in their power to his State which can only be by depriving the Captn. of his Commission and prosecuting him on his Bond; this we have requested Congress to do, as you will see by the enclosed Letter to the President, to which and the proceedings of the Court of Admiralty I refer you for full information of this troublesome affair. It appears to us necessary that Congress should amend their marine law, and declare explicitly how far the rights of each State extend, with respect to vessels in Port, if it is not done we shall certainly get to Blows soon, we therefore request you at some proper time to bring the matter on.
By a vessel just arrived from the West Indies, we are informed that Count de Grasse has totally defeated the British Fleet, and taken or destroyed four sail of the line and a hundred sail of transports with 3,000 Troops on Board. If this should prove true all the English West India Islands must fall into his hands. The Enemy are still quiet in the lines of Charlestown, and General Greene and his brave fellows enjoying what they have long wanted, ease and refreshment about thirty miles from them. Mr Foster Webb has agreed to transcribe the Letters written by our Governors to Congress, General Washington and the Delegates, and their answers which have been destroyed by the Enemy. We request the favor of you to procure him the means of doing it. I am &c
Benj. Harrison


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

Dr Sir
Richmond Mch 23. 1782

I have your favour of the 12t. and have reason to suppose I did not express my meaning, properly when I mentioned the Associate to Mr. Andrews. there cannot be a doubt but a person skilled in Astronomy ought to be preferred. I intended to say, if such a person could not be got, a Man of Integrity & Abilities in other requisites would be necessary, and the Astro. observations must then rest with Mr Andrews only. I wrote on the occasion to our friend Page (the Man among us I should prefer, and who as you justly observe is in every point qualified)—and although he did not positively say he would go to Phila., yet he left me room to believe he would not refuse: And he was appointed. But the matter is now cut very short. The Governor recd. a letter by Post this Week from the President of Pena. desiring to postpone the final adjustment of the Boundary, and proposing a temporary line to be run, which is agreed to. the reason assigned for defering the Astro. observations, is the disturbances & dangers likely to be occasioned by the Indians to the Westward
I am very glad Congress have determined to name Commissioners to settle the Accots. in the different States. I shall now hope the prejudices conceived against Virginia will be soon removed[.] I fear very few Men will be brought into the field by our endeavours to enforce the draft in the (last years) delinquent Counties. In several of them Assessments were not made, or divisions laid off. And I fear there is some obstacle in each of them that cannot be removed but by the Legislature. I have some hope from the Circular letter, but I confess not great. Some Substitutes will be got. the people are well aware that if Men cannot be recruited under the last law, a draft must take place as soon as the Assembly meets; and I think a good number will guard against the draft by hiring substitutes
My Nephew writes me that he has recd. no letter from me for some Months past. I was in hopes those I took the liberty to trouble you with would get to him[.] I again take the liberty to inclose a letter for him. he will I expect be in Philadelphia by the time this gets to hand We have no News worth relating. You are told in the paper that a French Frigate was arrd. in York River and brot. several interesting Accots. No Frigate was arrd., but we hope the intelligence said to be brot. by her is true.
I am with great esteem D Sir Yr obt hb Set
David Jameson
If Col Jameson does not soon come to Phila. be so kind as put the letter under Cover & forward it to him.


Title: Report on New Hampshire Requisition, 25 March 1782
From: Madison, James
To:

March 25th. 1782

The Committee to whom was referred the letter of the 23d. of Feby last from the President of N. Hamshire submit the following report:
That so much of the said letter as relates to 5 Millions of Dollars of the old emission remaining in the Treasury of N. Hamshire, as a surplus of the quota allotted to that State for redemption, be referred to the Superintendt of Finance to report thereon.
That in answer to the remaining part of the letter which represents that the State of N. Hamshire was overated in the requisition made by Congress on the 2d. of Novr. last, and contains a return of its inhabitants, amounting to 82,200 only the President of the said State be informed;
That as a valuation of land throughout the U. States wch. the instrument of confederation prescribes as the rule for apportioning the public burdens on the several States, was under present circumstances manifestly unattainable, Congress were obliged to resort to some other rule in fixing the quotas in the requisition of Novr. last:
That the number of inhabitants in each State, having been a rule observed in previous requisitions of money naturally presented itself as the most eligible one;
That as no actual numeration of the inhabitants of each State hath yet been obtained by Congress, the computed number which formed the basis of the first requisition made on the States the 29th. of July 1775, was adhered to:
That although the particular numeration of the Inhabitants of N. Hamshire, as stated in the letter, should have been made with due accuracy, still a reduction of its quota in conformity thereto, might produce injustice to the other States; since the computation of July 1775 may as far exceed their real number as it has been found to exceed that of New Hamshire:
That if the justice of the application from N. Hamshire were less uncertain, it would at this season be impossible to superadd to the quotas of the other States, any deduction from that of N. Hamshire; and to make such deduction without superadding it to the quotas of the other States, would leave a deficiency in the revenue which has been found on calculation to be essential for the exigencies of the current year.
That the other facts stated by him in his letter, however well founded they may be, are not peculiar to N. Hamshire, and if admitted for the purpose to which they are applied, would authorize, and produce similar demands from other States:
That for these considerations, and more especially as, the apportionment in question, if hereafter found to be erroneous will be subject to correction, Congress cannot comply with the request made in behalf of N. Hamshire; and confide in the justice and public spirit of the sd. State for those exertions which may be necessary to prevent a deficiency in the public revenue.


Title: From James Madison to Edmund Pendleton, 2 April 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. April 2d. 1782.

The only event with which the period since my last has enabled me to repay your favor of the 25th. Ulto. is the arrival of four Deputies from Vermt. with a plenipotentiary commission to accede to the confederacy. The business is referred to a Committee who are sufficiently devoted to the policy of gaining the Vote of Vermont into Congress. The result will be the subject of a future letter.
The thinness or rather vacancy of the Virginia line, & the little prospect of recruiting it are subjects of a very distressing nature. If those on whom the remedy depends were sensible of the insulting comparisons to which they expose the State, & of the wound they give to her influence in the General Councils, I am persuaded more decisive exertions would be made. Considering the extensive interests & claims which Virga. has, & the enemies & calumnies which these very claims form agst. her She is perhaps under the strongest obligation of any State in the Union to preserve her military contingent on a respectable footing, and unhappily her line is perhaps of all in the most discraceful condition. The only hope that remains is that her true policy will be better consulted at the Ensuing assembly, & that as far as a proper sense of it may be deficient, the expostulations of her friends and clamours of her enemies will supply the place of it. If I speak my sentiments too freely on this point, it can only be imputed to my sensibility to the honor & interest of my Country
I am Dr Sir Yrs. very sincerly.
J Madison Jr


Title: Motion Concerning Documents on Vermont, 3 April 1782
From: Madison, James
To:

Editorial Note
The relation of Congress during January and February 1782 to the issue of the Vermont, or New Hampshire Grants, has already been summarized (JM to Pendleton, 22 January, and nn. 5 and 6; and 7 February 1782, n. 4). Except for a long discussion of the problem on 1 March, the matter is not mentioned in the printed journals of Congress for that month. This interlude in the debate on a subject which, in Samuel Livermore’s words, had “worn a little thread-bare,” signified that none of the competing solutions could be adopted until the delegations of at least nine states should agree.
By March the delegates from Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, and Maryland were ready to acknowledge the independence of the “state” of Vermont, provided that the de facto government should accept the boundaries stipulated by Congress on 7 and 20 August 1781 (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXI, 836–39, 887–88). If this bloc of seven should be joined by two more states, it could work its will. On 12 March a rumor, soon confirmed, was current in Philadelphia that the “General Assembly” of Vermont had rescinded its earlier rejection of Congress’ offer and now accepted it (Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, 312).
The members of Congress from New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia, with varying degrees of firmness and for varying reasons, stood together in opposing a recognition of the sovereignty of Vermont. Livermore, for example, although doubting the constitutional competence of Congress to encourage a separatist movement at the expense of his state and New York and much preferring that those states on their own initiative amicably partition between them the land comprising Vermont, was willing for the sake of settling the divisive issue to vote for the independence of Vermont whenever the New Hampshire legislature should authorize him to do so (ibid., VI, 312, 317–18, 327 n. 3, 331–32).
The New York delegates in Congress, led by John Morin Scott, were in a difficult position. Their uncompromising stand against Vermont’s independence enlisted only a minority support, which, they feared, would decrease during the coming weeks. Under these circumstances they could do no more than try to prevent a vote on the issue as long as possible and urge Governor George Clinton to have the New York legislature back them speedily in such unqualified terms that the pro-Vermont bloc in Congress might hesitate to defy so important a state as theirs (ibid., VI, 310, 313–14, 321–22).

The New Yorkers and their allies, including Joseph Jones and probably JM, held that Vermont’s rejection of Congress’ offer of 7 and 20 August 1781 in October of that year had released Congress from its alleged guarantee. Hence, Vermont’s reconsideration and acceptance in February 1782 of the stipulated boundaries were of no effect unless Congress agreed to re-extend the same terms. This Congress should not do, since the attendant circumstances had drastically altered. In the summer of 1781, unlike the winter of 1782, the United States had been in dire peril from the enemy, not only in Virginia and the Carolinas—but even in Vermont itself, because of the machinations of the Allen brothers and other Green Mountain men. In short, the generous offer of August 1781 had been extended in considerable degree for reasons of expediency. Furthermore, during the ensuing six months, menacing separatist movements, which the recognition of Vermont’s independence would serve to encourage, had appeared in other parts of the Confederation. These movements, in Joseph Jones’s view, “so strongly mark a hostile disposition in some States to invade the rights of others, that, I believe, it will be very difficult to obtain the concurrence of nine to give them [Vermont] independence and privileges of the Union, at least before some great political questions are decided respecting the united States, their individual and general rights” (Jones to Pendleton, 19 March 1782, ibid., VI, 319).
Earlier in his letter Jones had expressed doubt whether the affirmative votes of nine states should be sufficient to bring Vermont into the Confederation. By a vote of nine, Congress might acknowledge Vermont’s independence, but the assent of all thirteen ought to be required to admit a sovereign state to their company (see n. 5, below). Yet Article XI of the Articles of Confederation explicitly provided that another “colony” might join if invited “by nine states.” Jones did not explain why unanimity should be a prerequisite, but apparently he considered Article XI irrelevant, because the Green Mountain area had never been a separate “colony.” In the unlikely event that Congress should accept this technical distinction, New York could bar Vermont indefinitely from membership in the Confederation.
In their letter of 31 March 1782 to President John Hanson of Congress, with an enclosed copy of their appointment and of the resolutions of the “General Assembly” of Vermont accepting the boundaries defined by Congress, the four Vermont commissioners confidently asserted, “We assure ourselves that not the least obstacle remains to our admission into a foederal union with the United States of America.” On the following day, although Scott seconded Abraham Clark’s motion to refer to a committee the letter of the commissioners and its enclosures, “together with the several papers on the files of Congress, relating to the same subject, and received since the 20th of August last,” Scott voted against Clark’s motion. JM’s affirmative vote was offset by the adverse votes of Jones and Lee. As previously noted, upon the adoption of Clark’s motion the papers were referred to a committee dominated by Vermont’s friends (NA: PCC, No. 40, II, 187–89, 269–75; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 158; JM to Pendleton, 2 April 1782, n. 2).

Although the journal of Congress of 1 April explicitly characterizes some of “the papers” turned over to this committee as favorable to Vermont’s request, the journal fails to specify that the other documents referred to the committee were of a contrary nature (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 157–58). Opposing a recognition of Vermont’s independence, JM and Scott sought by the present motion to have the printed journal make clear that “the several papers on the files of Congress” strongly argued against creating a new state by taking territory from New York and New Hampshire without the consent of those two states (see below, n. 5).

1782 April 3

Congress having by a resolution of the first instant referred to a Committee sundry papers recd. from Jonas Fay &c, together with the other papers on the files of Congress relating to the same subject, recd. since the 20th. of Augst. last, the yeas & nays having been required on the question And of the papers so committed, Such part only having been entered on the journal of the said day, as purports on the part of the New Hampshire grants a compliance with a preliminary requisition contained in the resolution of Congress of the 20th. of Augst. last; The proceedings of Vermont from the 16th. to the 19th. of October last rejecting the same and sundry resolutions of the State of N. York of the 15th. & 19th. day of November last, both included among the papers referred, being omitted: And an entry on the journal thus partially stating the case, having a tendency to misinform & mislead the public judgment, as well as to defeat the purpose of calling for the yeas & nays as authorised by the 9th. Article of the Confederation; And Congress having adjourned on the 2nd. instant whilst the Journal of the preceding day was under consideration, whereby the opportunity of then supplying the omission was lost, Resolved that the Secy. be authorized & directed to enter on the Journal of the first instant as of the proceedings of that day the sd. proceedings and the sd. resolutions of the State of N. York which are in the words following—to wit


Title: To James Madison from Philip Mazzei, 5 April 1782
From: Mazzei, Philip
To: Madison, James

2da. Copia
Carmo: Amico
Firenze 5. Aprile 1782.

A norma di quanto vi scrissi nella mia quarta lettera dei 28. del passato, vi mando l’incluse pregandovi di aggiungere a quella di Mr. Lomax il suo nome di battesimo, che non ò mai saputo. Da quella, e dall’altra che v’inclusi p[er] Mr. Man Page, voi vedete quel che penso degl’Inglesi, e del metodo che a mio giudizio noi dovremmo tenere con essi. Nelle 2. lettere a Mr. Blair avete una conferma della mia dura situazione. Se il Governo fosse renitente a rendermi giustizia, mi pare che il decoro almeno dello Stato dovrebbe indurre qualcheduno a proporre nell’Assemblea, che si esaminasse il mio carteggio, e si ordinasse poi quel che è di ragione, e non si permetesse che un Cittadino fosse costretto, p[er] salvare il proprio onore e per trovare da sostentarsi, a pubblicar l’indiscretezza della sua Patria.
Mi pare che il Congresso dovrebbe cominciare a pensare ad aver dei Ministri o Agenti ad alcune altre Corti Europee. Voi già sapete che a motivo del nostro Commercio questa è da considerarsi moltissimo. Qua si crede generalmente che io abbia le credenziali del Congresso. Il Principe lo gradirebbe, ma egli solo sa che io sono Agente del solo Stato di Virginia. Vi parlerò francamente. Se codesti Sigri: mi credono capace e degno di servirgli, credo che potrò più facilmente d’un’altro incanalare una corrispondenza utile e piacevole; ma bramerei che seguisse presto, p[er]chè mi par mill’anni di ritornare in Virginia. Intanto potrei appianar la strada p[er] chi dovesse venir dopo di me.
Addio.

Second copy
Dearest Friend
Florence, 5 April 1782

With regard to what I wrote to you in my fourth letter of the 28th of last month, I am sending you an enclosure asking that you add Mr. Lomax’s Christian name, which I have never learned. From the contents of that letter, and from another one which I sent to you through Mr. Man Page, you see what I think of the English and of the method which in my judgment we must employ regarding them. In the two letters to Mr. Blair you have a confirmation of my difficult situation. If the Governor is unwilling to act justly toward me, it seems to me that the honor of the state should at least induce someone in the Assembly to propose that my correspondence be examined, that orders then be given for that which is just, and that it not be permitted that a citizen may be forced to reveal the indiscretions of his country in order to sustain himself and save his own honor.
It seems to me that the Congress must begin to think of having Ministers and Agents in some other European Courts. You probably already know that this is a very important consideration with respect to our Commerce. It is generally believed here that I possess credentials from the Congress. The Prince would welcome this, but he alone knows that I am an Agent of the single state of Virginia. I shall be frank with you. If these Gentlemen believe that I am capable and worthy of serving them, I think that I will be able to supply an agreeable and useful correspondence more easily than anyone else. But I hope that it comes to pass soon because I yearn so much to come back to Virginia. In the meantime, the path could be smoothed for whoever might follow after me.
Farewell.


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

Dear Sir
Philada. Apl. 9th. 1782

I had promised myself the pleasure of a line from you by this post but find by a letter from Mr. Jameson that you had not arrived at Richmond at the time of writing for it. I have inclosed to Mr. J. the paper of this morning which contains all the news current without doors. Within doors nothing worth particularizing has taken place. The Committee on the affair of Vermont have made no report as yet.
I perceive by a passage cited in the “Examination of the Connecticut claim to lands in Pennsa.[”] that we have been mistaken in supposing the acquiescence of Virginia in the defalcations of her Chartered Territory to have been a silent one. It said that “at a meeting of the Privy Council July 3. 1633. was taken into consideration the Petition of the Planters of Virginia remonstrating that some grants had lately been obtained of a great proportion of the lands & territoriees within the limits of the Colony there, and a day was ordered for further hearing the parties (to wit Ld. Baltimore & sd. Adventurers & Planters).” The decision agst. Virga. is urged as proof that the Crown did not regard the Charter as in force with respect to the bounds of Virga. It is clearly a proof that Virga. at that time thought otherwise & made all the opposition to the encroachment which cd. then have been made to the Arbitrary Acts which gave birth [to] the present revolution. If any monuments of the transactions of Virga. at the period above [men]tioned or any of the successive periods at wch. these encroachmen[ts had] been repeated you will have an opportunity of searching [more] minutely into them. It is not probable however that after a fa[ilure] in the first opposition any further opposition will be found [to] subsequent grants out of Virga.
Present my sincere respects to your amiable lady & [believe] me &c &c.
J. Madison Jr.
Col Carrington will not fulfill his intentions on se[tting] off for Virga. Docr. Lee will [set] off in 5 or 6 days & I shall [take] that conveyance for the proposed report. Mr. Jones will [follow] the Docr. abt. the last of this month. I hope you will a[dd] due weight to these considerations in deciding on the tim[e for] your return.


Title: To James Madison from Edmund Randolph, 11–13 April 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Richmond April 11. 1782

We announced to you from Bush-town the difficulties, which we had encountered on our journey. Whether the roads were really better, as we advanced southwardly, or seemed so from our approach towards home, I cannot tell; but the fact was, that we appeared to travel from Baltimore with scarcely any friction. My family are now fixed at an humble cottage, about six miles distant from hence; which forms a contrast with Philadelphia, that nothing can reconcile me to, [but?] the presence of my domestic triumvirate, and the pleasures of my library. I might add another cause of consolation, when I address myself to you, who are at this moment perhaps suffering under the severe anguish of the want of money: altho we have only coarse fare, we wish for much less, than we did, whilst surrounded by the luxuries of Philadelphia, and have therefore less occasion for cash.
I hope, that my draught on you for the 20£ did not distress you. I trust, that it could not, as it was made in consequence of your own friendly offer. Tell me the mode, in which I shall account for it. It shall be remitted to you, or charged in the auditors’ books against me, at your choise.
The business of the court has hitherto prevented me from waiting upon the executive. I shall probably confer with them in a few days: but my communications will be short, in comparison to the thirst, which some of the gentlemen of the board may have for a full knowledge of our political situation.
When I inquired into the state of our treasury, I found that 100£ had been the extent of receipts; and that the whole of that sum was immediately appropriated to the quartermaster’s department. Judge then what my present sensations are, after having bound myself to repay to Whiteside about 200£, which he lent to me on my private credit, but which I took up from a confidence that I should reimburse him out of the public coffers?

April 13th.
On saturday last Colo. Brooke quitted our exhausted treasury to reap those treasures, which he had laid up in heaven. The apoplectic stroke, which brought him to his end, gave him a warning of but five minutes. It is believed, that Mr. J. Ambler will succeed him in office, until the meeting of the assembly; and it is probable, that they will confirm him.
It is a matter of some wonder, that the minister of France did not visit our governor. Was there any misunderstanding on the score of etiquette? or has the suspicion, which some people entertain here, reached the ears of the minister, that Harrison is an enemy to the French? By accident yesterday the resolution of congress, recommending the confiscation of british manufactures, came into conversation at the governor’s table. It seemed to me to be a fit season to ascertain the objections, which had been conceived against it, but an improper one to answer them. Our discourse, however, was too short for the discussion, and was concluded by a general assertion, on the part of Mr. Harrison, that the legislature would not adopt it.
Mr. Madison, who is with us, informs me of an incident, which caused much discontent in Williamsburg, about a month since, and argues little in favor of the prudence of count Rochambeau. A waggoner from the back country had been detected in the robbery of a french soldier. Summary justice was administered; for he was flagellated by military authority, as some say, without the form of trial, and according to others, with no other than before a tribunal of officers. This harsh punishment, thus inflicted, gave a keener edge to the acrimony of those, whose principles are abhorrent from the alliance. But I hope, the clamour has subsided for the present, and that our citizens will not be driven to indecent expressions of their indignation by a repetition of this ill-judged exercise of power.
I shall obey the commands of your favor of the 2d. instant. But it is probable, that the havock of war will prevent me from making any territorial inquiries, later than the abolition of regal government.
The governor complained yesterday of the sterility of your correspondence; saying, that you did not communicate the circulating news, and that he should cease to write on every other subject than business. I reminded him of the ter[ms] stipulated with governor Nelson: but these have not been put into his hands. It might not be amiss to transcribe the regulations, and send them to him.
If you have an opportunity, pray ask Mr. Morris, whether he has received my letter of last week. Entre nous, there will probably be a paper war between him and the Governor. You remember a letter, which I mentioned to you. This will perhaps blow up a flame.
My best respects attend all your family. Mrs. carries her good wishes farther, and prays for their and your happiness.
Assure Mr. Jones of my affectionate esteem, and present me in the most acceptable manner to his lady.
Charge yourself with my compliments to Mr. Lee & Mr. Bland. This being done, I give you a carte blanche to assume any portion of the for-ment. regard of
Your friend, & serv:
Can you send a copy of the journals for 1781?


Title: Benjamin Harrison to Virginia Delegates, 12 April 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen.
In Council April 12th. 1782

It certainly would forward the recruiting service much to have cloths lodged with every person appointed to that business, but as it would be attended with great trouble and expence and perhaps some loss to send them into every County, I think it will be sufficient if an order can be obtained from the War Office permiting the Executive to call for them as they may be wanted at the several places of rendezous There are nine fixed on in the first instance from which they are to be marched to the general one (which is at Cumberland old Court House) or to the Army when it is more convenient to do so. I am continually apply’d to for Commissions for vessels fiting out in and belonging to North Carolina which from some abuses that have been practiced I have refused. Will you inform the Delegates of that State of this, and request them to forward Commissions immediately; if they send them to my care I will contrive them to their Governor. I am, &c


Title: Motion on Chairman of Congress, [15 April] 1782
From: Madison, James
To:

[15 April 1782]

The President being indisposed, Resolved that a Membe[r] be now chosen to preside in Congress until th[e] President shall attend & resume the chair.


Title: To James Madison from Edmund Pendleton, 15 April 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga. April 15th 1782.

I have your favr of the 2d & agree with you that the expostulations of the friends to Virginia will be properly interposed, and the Clamours of her Enemies well applied, if both together will effect the rousing her to proper exertions for recovering her consequence in the united Scale. The Executive have pd Attention to this important Subject, & having an empty Treasury, have circulated a request for the prompt advance of half the land tax payable some Months hence for the purpose of recruiting our line; Our County, which yields to none in alacrity on such Occasions, appear willing to comply, but from conversing on the Subject with several Gentlemen, it is the general Opinion that there is not in the County Specie Sufficient to pay 1/4th of that tax, & I se[e] no prospect of our being able to pay it at the time, tho’ specific Commodoties where the Alternative is allowed (as is the case in all but the land tax) may be had. the little Cash, which is pick’d by Us, at the distance we are from the French Army, immediately goes to the Merchants at Port Royal or Fredg who chiefly trade on Commission from the Eastern States, whither I suppose it is sent for we se[e] it no more, very few of them offer to buy our commodities, & when they do, ’tis at such a price that only makes us angry. Tho’ there is some reason for complaint agt Virginia, yet the Clamours are carried to excess in respect of her line; she has contributed more than her proportion of men, and formerly devoted herself to exertions in the cause, to the neglect of trade, which other states pursued wth Avidity not consistent with their proportion of duty. this circumstance wch enables them to Vaunt & shew away now at the 11th hour, prevents the present resources of Virga. to recruit her line when by an ill judged inclination to save Charles Town, a respectable Corps of them were lost; however we must bear these Insults with patience ’til time shall enable us to prove that the resources of Virga. tho’ they can’t be called forth at every moment, are great & Permanent, and that we never want inclination to employ them for the common Interest.
Reports continue of the evacuation of Charles Town, and the last is said to come from the Frigate arrived as an Express from Count de Grasse to Ct Rochambeau, with the Additional circumstance of the Troops being carrd. together with a detachment from New York to the West Indies. You’l have a better Account of these things than we can have, as also whether there be grounds of truth in other Accounts circulating here, that Jamaica & Antigua are both Invaded by our Ally and their Troops here called thither, at the same time that the Marquis d’Fayette is arrived at Boston with 4000 others.
Mr Jones tels me he is coming away & the future burthen of my correspondence will fall upon you. should any letter to him reach Phila after he leaves it, you’l consider it as Address’d to you. Our Elections run much into New Members, amongst others are Monroe & John Mercer formerly Officers, since fellow Students in the law & said to be clever. The Attorney might as well have stay’d with you. the Genl Court sat but 6 days in Criminal business only, & I am told very little will be done in the other Courts the approaching terms. Our Treasurer, Colo. Brooke, died suddenly last week I suppose with an Appoplectic stroke. I have not heard who is his successor.
I am Dr Sir Yr Affe friend
Edmd Pendleton


Title: From James Madison to Thomas Jefferson, 16 April 1782
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Phila. April 16th 1782

Your favor of the 24 of March with a letter inclosed for Mr. Marbois came to hand yesterday.
I intreat that you will not suffer the chance of a speedy and final determination of the territorial question by Congress to affect your purpose of tracing the title of Virga. to her claims. It is in the first place very uncertain when a determination will take place, even if it takes place at all; & in the next it will assuredly not be a final one, unless Virga. means to be passive & silent under aggression on her rights. In every event therefore it is proper to be armed with every argument & document that can vindicate her title. Her adversaries will be either the U. States, or N.Y. or both. The former will either claim on the principle that the vacant country is not included in any particular State & consequently falls to the whole, or will cloath themselves with the title of the latter by accepting its cession. In both cases it will be alledged that the Charter of 1609 was annulled by the resumption of it into the hands of the Crown, and that the subsequent grants to Maryland &c. denote this to have been the construction of it; that the Proclamation of 1763 has constituted the Alleghany Ridge the Western limit of Virga. & that the letter of Presidt. Nelson on the subject of a New Colony on the Ohio, relinquishes on the part of Virga. all interference with the Authority of the Crown beyond that limit. In case the title of N.Y. should alone be opposed to that of Virginia, It will be further alledged agst. the latter that the treaties of 1684, 1701, 1726, 1744 & 1754 between the Govt. of the former & the 6 Nations have annexed to it all the Country claimed by those nations & their tributaries, and that the expence of N. York in defending & protecting them ought in equity to be reimbursed by this exclusive advantage. The original title of N.Y. is indeed drawn from the charter to the Duke of York in 1663–4, renewed after the treaty of Westminster in 1674. But this Charter will not I believe reach any territory claimed by Virga.
Much stress will also be laid on the Treaty of Fort Stanwix particularly as a bar to any corroboration of the Claim of Virga. from the Treatys of Lancaster & Loggstown. It is under this Treaty that the companies of Inda. & Vandalia shelter their pretensions agst. the claims of Virga. &c. &c. see the pamphlets entitled “Public good” & “plain facts.” As these pretensions can be of no avail unless the Jurisdiction of Congress, or N. York at least can be established, they no otherwise deserve notice than as sources of calumny & influence in public councils; in both which respects it is the interest of Virga. that an antidote sd. be applied.
Mr. Randolph during his stay here was very industrious & successful in his researches into the territorial claims of all the States, and will be able to furnish you with many valuable hints. Your visit to Richmond in May will give him an opportunity.
Our information from Europe has been peculiarly defective of late. It seems little probable that any decisive steps have been or will speedily be taken towards either a partial or general peace. The weight of the war will probably fall on the West Indies at least in the early part of the Campaign. Whither it will then be shifted is altogether uncertain.
With very sincere regard I am Dr Sir Yr Obt. Servt
J Madison Jr


Title: Motion To Amend Arthur Lee’s Motion on Western Lands, [18 April] 1782
From: Madison, James
To:

[18 April 1782]

A motion was then made by Mr. [James] Madison, seconded by Mr. [John Morin] Scott, after the word “postponed,” to insert the words “until to-morrow;”


Title: To James Madison from Edmund Randolph, 19 April 1782
From: Randolph, Edmund
To: Madison, James

Dear Sir
Richmond April 19. 1782.

I derive the sincerest pleasure from the prospect, which your punctuality of correspondence presents. I could not begin my part of our intercourse by letter until the last week: but the obstacles must be invincible, which shall prevent me from a weekly return in future.
Our maritime code requires a small alteration. From the deference, which we paid to the ante-confederational institutions of congress, we were led into one, which may produce discontent, and probably goes beyond our power. A vessel, when seized, may be carried according to the late ordinance into any court of admiralty. Justified by this law, a privateer brought a few weeks since into our admiralty, a prize, made within the jurisdiction of North Carolina. I say, that it was made within the jurisdiction of North Carolina, not because this was a point confessed, but because the court considered it as proved; and proceeded on it as a fact. The owner of the captured ship pleaded that she was not triable here. This objection, after a solemn argument, was overruled. Governor Burke being highly inflamed at this procedure, demanded restitution from our executive. They “being,” as Mr. Harrison expressed their imbecility on a former occasion, “the poorest and most impotent executive throughout the continent,” could not interfere in any forensic business; whereby the law was left to its operation, and condemnation took place. Mr. Burke repeated his demand of restitution, and threatened reprisal. The answer to his menace was mild and decent, but representing the danger, and confusion, which would flow from such a measure. This unlucky affair occurred before my arrival at this place, and therefore I retail it to you upon the information of another, which does not appear very distinct. However it rests here for the present. Upon these facts I submit the following queries:
1. Does the power of ascertaining, what captures on water are legal, involve a power to infringe the sovereignty of a state so far, as to authorize the withdrawing of a vessel seized within the jurisdiction of its admiralty to the inquiry of a court of another? Strictly the words of the confederation admit not such a construction, and by no view of the matter can such a power be rendered necessary or subservient to the welfare of the United States.
2. Ought not the inferior courts to be placed more within the reach and controul of congress, or at least of the court of appeals? The purpose, for which the investiture of congress with a superintendence of maritime affairs was intended, will be considerably defeated, if the court of a particular state shall be free from check in great national questions.
The old solution for high prices, to wit a great demand, and a scanty supply, can scarcely account for the exorbitancy of every thing of foreign growth offered for sale here. For 1. goods are not so scarce, as to warrant a merchant to bring cloth from Phila., which is sold there for £3. by the yard and selling it here for 15 dollars: 2. money is so confined in its circulation, and credit for merchandize is so generally refused, that the number of buyers is small. I cannot but suspect, that paper-money will have a resurrection under some form or other. It is talked of with much earnestness in certain parts of the country. As I do not know, in what garb or light this fiend of darkness is to be clothed, I shall not execrate it, as yet.
I can assure you, that I return to the law with a species of sorrow. It is not often, that I lament my want of patrimony; but, when obliged to exchange a pursuit, liberal and extensive, like politicks, for reports and entries, I surely do not commit an unpardonable Sin in reprehending my father for not handing down a fortune to me. This melancholy reflection paves the way for an answer to your invitation to Phila. I must recover, what I expended there, and see a firm establishment for our support, before I set my face northwards. Let the assembly provide funds; I shall have immediately a violent conflict with prudence.
Can you send me a copy of the examination of the Connecticut claim? I believe, that I shall say something in print upon the territorial rights of Virginia, if the legislature shall not adopt the better measure of forcing Mr. Jefferson or Mr. Mason to undertake the work.
Adieu my dear friend.
Pray contrive me a paper every week. I will send you the subscription by Mr. F. Webb, who will visit you soon.


Title: To James Madison from Jacquelin Ambler, 20 April 1782
From: Ambler, Jacquelin
To: Madison, James

Dear Sir
Virginia Richmond April 20th. 1782

I sent on your favor which came by Post on Thursday to our friend Mr. Jameson, who is still at York; & doubt not he will replace the money immediately which was so kindly advanced his Nephew. I know he lodged thirty pounds with Mr. Foster Webb, before he left Richmond; and expected Mr. Webb would have been in Philadelphia by this time. The sudden, unexpected death of the Treasurer makes it uncertain now when he can get out. Mr. Jameson was unwilling to make the remittance by draft on Phila. lest any possibility of disappointment should happen, but as Mr. Webb’s trip is still delayed, I have advised him to send on a good Bill as speedily as possible.
I rejoice to hear the Allies of France were included in the Capitulation of St. Kitts. The omission was eagerly caught at by those who are never happier than when they meet with an opportunity of increasing the prejudices against our friends.
The Executive have been exceedingly jealous for some time past on account of the great number of flag Vessels which arrive from New York and have given the most pointed Orders to have them diligently search’d and nothing permitted to be landed from them without their express license.
We are quite without news from any quarter. I am Dear Sir with great esteem & regard Yours
J. Ambler


Title: Report of Delegates of Pennsylvania, Maryland, and Virginia on Edward Carrington’s Memorial, [20 April] 1782
From: Pennsylvania, Maryland, and Virginia Delegates
To:

Editorial Note
In 1781 Lieutenant Colonel Edward Carrington was an officer of the 1st Continental Regiment of Artillery, composed largely of Virginians, and was also on detached service as deputy quartermaster general of the southern department. Upon the resignation on 9 April of Lieutenant Colonel Thomas Proctor as commanding officer of the 4th Continental Regiment of Artillery, Carrington became the senior lieutenant colonel of continental artillery. Its procedure in regard to promotions had the sanction of long usage. For this reason, Carrington confidently expected to succeed to the post vacated by Proctor. On 19 April the officers of the 4th Regiment called the attention of President Joseph Reed of Pennsylvania to the fact that Congress on 3 October 1780 had allocated six regiments of infantry, one of cavalry, one of artificers, and the 4th Continental Regiment of Artillery to Pennsylvania, and had resolved that the state thereafter should fill every vacancy in the complement of its officers up to and including the rank of lieutenant colonel commandant (Pennsylvania ArchivesSamuel Hazard et al., eds., Pennsylvania Archives (9 ser.; 138 vols.; Philadelphia and
        Harrisburg, 1852–1949)., 1st ser., IX, 168–69). Furthermore, the seventh article of the Articles of Confederation, which had become effective on 4 March 1781, declared that “all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively, by whom such forces shall be raised, or in such manner as such state shall direct.” Reed forwarded “the remonstrance” of the officers to Washington on 24 April.
In his reply of 5 May, which Reed called “perfect & satisfactory,” the commander-in-chief stated that the procedure of promotions in the artillery and cavalry had always differed from that in the infantry and that, since the resolutions of 3 October 1780 had been designed to make operative his own recommendations, Congress had probably not intended to have its statement about promotions embrace more than the infantry. Washington added that he had requested Congress to clarify the matter (ibid., 1st ser., IX, 98–99; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XVIII, 895; Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXII, 45–48). Even before this exchange of letters with Reed, Washington had informed the Board of War in a letter of 20 April that, if Carrington was the senior lieutenant colonel of artillery, he was entitled by the “present mode of promotion” to the position from which Proctor had resigned (ibid., XXI, 481). Evidently agreeing with Washington, the Board prepared Carrington’s new commission but, with Washington’s approval, delayed its delivery pending clearance by Congress (ibid., XXII, 63). Although Congress on 25 May 1781 resolved that “promotions in the cavalry and artillery be regimental to the rank of commanding officer inclusive”—that is, that promotions within a particular regiment be confined to its own complement of officers—Washington assumed that this new procedure would not be retroactive. Hence he informed the Board of War by letter of 9 June, and Reed by letter of 15 June, that Carrington would become, vice Proctor, the lieutenant colonel commandant of the 4th Artillery Regiment (ibid., XXII, 193–94, 223–24; Pennsylvania ArchivesSamuel Hazard et al., eds., Pennsylvania Archives (9 ser.; 138 vols.; Philadelphia and
        Harrisburg, 1852–1949)., 1st ser., IX, 207).
Although the printed journal affords no help, Congress probably directed the Board of War to withhold Carrington’s commission indefinitely. As deputy quartermaster general he was at General Greene’s headquarters during most of the summer and in Virginia from early September until he went to Philadelphia in January 1782 (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXIII, 485; Calendar of Virginia State PapersWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11
        vols.; Richmond, 1875–93)., II, 400, 486, 612). In the meantime the Pennsylvania Supreme Executive Council on 19 June, upon receiving Washington’s dispatch written four days earlier, merely ordered that it “be filed” (Colonial Records of Pennsylvania [16 vols.; Harrisburg, 1851–53], XII, 761). Yet when mentioning the 4th Regiment of Artillery in a letter on 7 July to Washington, Reed wrote, “Col. Carrington, we believe, is in Virginia—we have not heard from him since his Accession to this Command” (Pennsylvania ArchivesSamuel Hazard et al., eds., Pennsylvania Archives (9 ser.; 138 vols.; Philadelphia and
        Harrisburg, 1852–1949)., 1st ser., IX, 255–56). For the rest of the year the issue was quiescent, probably because it became inconsequential compared with the problems of moving the heavy cannons of the regiment to Virginia and locating them for effective use during the Yorktown campaign (Harrison to Virginia Delegates, 9 February 1782, n. 4). By January 1782 the regiment was back in Pennsylvania (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXIII, 166, and n., 463, and n.).
In Philadelphia on 12 February Carrington wrote to President William Moore of Pennsylvania, reasserting his claim to be lieutenant colonel commandant of the 4th Regiment of Artillery and explaining his persistence by remarking that “the Honorary prospects depending on this circumstance are of great consequence to me” (Pennsylvania ArchivesSamuel Hazard et al., eds., Pennsylvania Archives (9 ser.; 138 vols.; Philadelphia and
        Harrisburg, 1852–1949)., 1st ser., IX, 487–88). Although the reply of Moore has not been found, he informed Carrington that, since the 4th Artillery Regiment had been allocated to Pennsylvania in 1780 and the resignation of Lieutenant Colonel Proctor had postdated the adoption of the Articles of Confederation, the appointment and promotion of officers in that regiment were within the province of the executive of that state, and the position of lieutenant colonel commandant had already been filled. In a long memorial addressed to President John Hanson of Congress, Carrington on 1 March cited Moore’s reply and set forth the reasons, summarized above, which justified his own claim (NA: PCC, No. 41, II, 118–23). Three days later Congress referred the memorial to the delegates of Pennsylvania, Maryland, and Virginia, with instructions “to confer with comr. in chief and Gen’l Knox” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 115, n. 2). Washington and Knox were then in Philadelphia. Brigadier General (Major General, 22 March) Henry Knox was chief of artillery, continental army.

[20 April 1782]

Report of a Committee on Col. Carrington’s memorial.
The Delegates of Pennsylvania, Maryland & Virginia to whom the Memorial of Lieut. Colonel Carrington & the Letter of Capt. Pierce of the Artillery &c were referred, beg leave to report that it is their opinion that the two regiments of Artillery—the one annexed to the Pennsylvania Line and the other to Virginia, cannot at present be incorporated without obvious injustice being done to some very deserving Officers in both Regiments.
As to the Memorial of Lieut. Colonel Carrington claiming the Command of the Artillery of Pennsylvania: your Committee do not think themselves competent to decide upon his claim; but beg leave to observe, that if Congress should be of opinion that his claim founded upon the general Practice of the Artillery-Corps in the Army, antecedent to the ratification of the Articles of Confederation, is well founded, Then they will please to Resolve,
That Lieutenant Colonel Carrington be appointed to the Command of the fourth or Pennsylvania regiment of Artillery.
The determination of Congress on the above resolution will answer Capt. Pierce’s Petition.


Title: Report Approving John Jay’s Negotiations with Spain, [22 April] 1782
From: Madison, James
To:

[22 April 1782]

The Committee to whom was referred the letter from Mr Jay of the 3d. of Octr. 1781, recommend the following answer thereto, to be subscribed by the Secy. of F. A.

Sir
Your Letter of the 3d. of Octr. last was recd. by Congress on the  day of  and I am authorized to acquaint you, that your conduct as therein detailed has met with their entire approbation.
The limitation which you have affixed to the proposed surrender of the navigation of the Mississippi in particular corresponds with the views of Congress. They observe with much surprize & concern that a proposition so liberal in itself, which removed the only avowed obstacle to a connection between his C. M. & the U. S. & from which the latter had formed the most sanguine expectation, should have produced so little effect on the councils of his C. M. [The perseverance of his Ministers, notwithstanding this relaxation on the part of Congress, in perplexing your negociation by multiplied & dilitory pretexts, no less inconsistent with their own professions than disrespectful to the U. S. but too well justifies your surmise as to their latent purposes.] The surrender of the navigation of the Mississippi was meant as the price of the advantages promised by an early & intimate alliance with the Spanish Monarchy. If this Alliance is to be procrastinated till the conclusion of the war, during a continuance of which only, it can be necessary, the reason of the Sacrifice will no longer exist. Nay, every day which the expected Treaty is delayed by the Spanish Court, detracts from the obligation & inducement of Congress to adhere to their overture, and will consequently justify you in representing in strong terms the obligation it imposes on Spain to make the Treaty the more liberal on her part. This may easily be done, either by enlarging her pecuniary aids, by facilitating to the Citizens of the U. S. the use of the Mississippi, or by indulgences in the commerce of her American Colonies, particularly by following the example of his M. C. M. in establishing a free port or ports in some of them. In the mean time however you will employ your utmost address in ascertaining the real views of the Spanish Cabinet with regard to a Treaty with the U. S. & communicate the result from time to time to Congress.


Title: To James Madison from Edmund Pendleton, 22 April 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga. April 22d. 1782

Taking up the Pen to acknowledge the receipt of yr favr of the 9th an Idea struck me that I had written to you last week, again transgressing the rotine which intitled Mr Jones to that letter; should it have been so, & he then & yet remaining in Phila., pray present him my Complts and tel him it was the unintentioned defect of a bad memory; perhaps I ought rather to appologize to you for giving you more trouble than was your share.
I am sorry fortune sent the Frigate into Rhode Island instead of the Chesapeak, as her Cargoe is a scarce Commodity here, however her escape & safe arrival any where, is matter of joy, as is the Account of her companions from Brest, of whom I think we shall soon hear something agreable. The discovery of a mistake in the Capitulation of Brimstone hill pleased me much, as the Copy I first read, corresponding with that of the Spaniards in Florida, struck me with Astonishment, which almost shook my faith & confidence in our noble Ally, which their liberal & generous conduct however preserved, & made me suppose some latent cause had produced it, rather than an intention to let them loose upon us, to whom they had given so very material Assistance, if the omission was a designed fraud at New York, it was a Cobweb Artifice of an hour, too Contemptible almost for Hottentots.
I am glad the trade intended to be commenced under cover of Flags to supply the Prisoners, is so early detected; I believe it was pretty extensively carried on here formerly at Charlottesville & tended to poison the minds of the people in that neighbourhood by the circulation of those charms, Specie & British goods. pray what is the effect of the discovery? does it forfeit the Vessel & whole Loading; or only the unlicensed goods? Or rather do Congress mean to insist on the former, which I fancy the laws of Nations intitle them to, or be content with the latter. perhaps I say Congress improperly, since it may be the State of Pennsylvania, who are to determine upon it. It may be well, should any come here, to have Uniformity in the decisions upon the Subject Governor Rutledge & Colo Jervais, passing lately to Congress, I am told have contradicted the Reports of the evacuation of Charles Town—from them you’l have had an Account of things in that Quarter, about which we have had many conjectures & dreams, the amusements of a day.
Mr Jacqlin Ambler is our Treasurer in the room of Colo Brooke. empty as the strong Box is I am told there was a warm contest for this office, and Mr George Webb is much chagrined at the disappointment of his Nephew Mr Foster Webb, a clever youth in business, but too young for the dignity & importance of that office. Mr Ambler is well esteem’d & I think will be confirmed by the assembly. some elections, since my last, seem to mend the Representation, which I hope will be better than I then feared.
You’l probably hear that in Caroline we have chosen a Tory & other epithets added to it, in Mr Gilchrist of Port Royal. He is a Scotch man, “the very head and Front of his offence hath that extent, no more” against which we have only to Urge in our justification that he came from that Countrey a Youth, has been in Caroline upwards of 40 years. Married & realised all his property (which is very considerable) in the county, & for upwards of 30 years has been an [active], Vigilant & upright Majestrate, as well as of irreprochable life [in] the Character of a private Citizen, which 19/20ths of the County (foolishly it seems) thought sufficient to purge the Sin contracted by his birth in that hostile Countrey. I am
Dr Sr Yr affe friend
Edmd Pendleton


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

Dear Sir
Philada: Apl: 23d. 1782

We have had here the same reports of the evacuation of Charleston which your letter of the 15. recites, but the wished for confirmation is still wanting. That it will take place in the course of the Campaign cannot I think be doubted if the military succours are yielded by the states in any proportion to the call for them & the maritime superiority of our Ally in the W. I. should keep up the apprehensions of the British Garrisons from that quarter. This superiority was for a while somewhat endangered by the arrival of Rodney before the Brest Fleet. It is now said though upon very unauthentic grounds, that the latter with a large reinforcement of land troops is safe at Martinique. This augmentation of the French force with that of Spain, to say nothing of the Dutch which is also said not to be contemptible, must submit every thing that is British in that quarter to the mercy of their Enemies.
We have recd. some communications from Europe, but none of them are of late date. It appears from them that the pride & stubbornness of the British Court had rendered abortive the mediatory purposes of Vienna & Petersburg. Unless therefore the misfortune in Virga. sd. have broken their spirit as well as blasted their hopes, and made them suitors for a renewal of the interposition of these Courts, no immediate expectations can be retained from that quarter. Nothing is said with regard to the separate negociation betwe[en] England & Holland. The recapture of the possessions of the latter with other circumstances has so entangled her with France that it will be very difficult for her to accomplish a separate pacification, even if she should be disposed to it.

Vermont & the Western lands are still the themes which exercise our politics within doors. The Committe to whom the last application of the former to be admitted into the Confederacy was referred have according to expectation, reported that the measure is warranted by the Articles of Union & required by the engagements of Congress to them & expedient in itself. The true secret is that the Vote of Vermont is wished for as an auxiliary agst. the Western claims of Virga. Some of the small States may indeed wish for it also as an auxiliary to their party, but no other motive can prevail with D. & M. Some of the E. States which are anxious for the admission of Vermont see this and impede the adjustment of Western boundaries on the ground of the Cessions, lest that event should be followed by a secession of those 2 States. The radical impediment however is the influence of the land companies. We have in the course of the week past very sensibly experienced this influence. As no answer had yet been given to the Cession of Virga. & the Legislature is shortly to meet, the Delegates thought it proper & accordingly proposed that the determination of Congress on that subject should without delay be come into. Every artifice that could perplex the case was immediately exerted: and it is extremely contingent, whether we shall be able to obtain an explicit answer to our reasonable request. We shall however continue to press it till Congress take some step which will either directly or indirectly, positively or negatively decide on the case & let the State know on what ground it is to form its measures.
Mr. Lee sets off tomorrow morning in order to be ready for his duty at Richmond. Mr. Jones will follow about a week hence. I regret much that Mr. Randolph’s unnecessary return to Virga. will in consequence expose her vote to the risk of division. I shall urge him to face about again & wish for the co-operation of yourself & his other friends. Unless the A-y remove his apprehension of pecuniary distress his past experience will it is little to be doubted render him callous to every argument on that subject.
I am Dr. Sir very sincerly yrs. &c.
J Madison


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

Dr Sir
Philada. Apl. 23d. 1782

I am at length assured of your safe arrival at your destination by your favor of the 11 continued on the 13th. The little necessity I understand there was for your return to Virga. makes me [ex]ceedingly regret that you cd. not be diverted from it; as the little occasion there is likely to be according to Mr. Pendleton’s idea of yr. continuance there flatters me that it will not be long before you resume your Station in Congress. This duty may be the more enforced upon you, as Mr. Lee leaves us this morning & Mr Jones to follow in a few days. The vote of Virga. will in consequence be in all questions exposed to the chance of division. I am sensible of the plea which may be drawn from the emptiness of the public coffers; but I hope it will not be a permanent one, & that if you can only stay a few months with us you will not think the period unworthy of the expedition.
I informed you in my last that your draught was duly honored[.] The advance was by no means distressful to me but the prospect now before me obliges me to prefer repayment here to any other mode. It will not I hope make any difference with you. Mr. Morris has recd. & answered your letter. The return of the French Minister without visiting Richmond had no particular cause which I can explain. He expressed doubts on that point you may remember before he set out for Virginia.
Congress have recd from the minister [of France] some informal communications relative to the issue of the proposed mediation of Vienna and Petersburg. The answer of the British court to the str preli[mina]ry articles is among them. It re[j]ects explicitly that part of the plan which requires concurren[t] negotiation between her and America & guaran[ti]es the result as incompatible with the relation of [subj]ects to their soveryreign and the essential interest of the empire; alleging at the same time that a part of the people are disposed to return to their held alle[giance] & that such a treaty wd. suply the rebels with pretexts for misleading them. The final answer of the mediating courts professes great impartiality and delicacy toward the belige[ren]t partys[,] adheres to the expediency of the first [plan,] & hopes that it may still become under more fa[vor]able circumstances the basis of a general pacification.
Another letter has come to hand from M[r.] Dana. [His] proposed rash step was probably taken a few [days] after the date of it which was abt. the middle of October
The Committee on the last application from Vermont ha[ve] reported fully in their favor. The consideration of the Report w[ill] not be called for however till the pulse of nine States bea[ts] favorably for it. This is so uncertain that the Agents have returned. The recognition of the Independence of Vermont is n[ow?] fully stated in the report as a resolution antecedent ev[en to?] authorizing a committee to treat with them on the terms of their admission. You well know the object of this arrangeme[nt.]
You will be so good as to take charge of the inclosed letter [to M]r Jefferson & give it a safe conveyance. Every one about me joins in


Title: Motion on Colonel Edward Carrington, [26 April] 1782
From: Madison, James
To:

[26 April 1782]

Resold That Lt Colo. Carrington be informd that the 7th. Art: of the Confederation having reserved to the States the right of appointing all officers of & under the rank of Colonels for the forces respectively raised by them & of filling up all vacancies of such officers, Congress cannot appoint him to the vacancy in the Command of the 4th. Regt. of Artillery raisd by the State of Pesa.
Agreed to April 26. 1782


Title: To James Madison from Edmund Randolph, 26 April 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Richmond April 26. 1782.

The principle of “timeo Danaos et dona ferentes” has so powerful an effect upon the minds of our executive, that they seem fearful, lest the proposal of Pennsylvania to run a temporary line should contain an ambuscade. It offers the extension of Mason and Dixon’s line three and twenty miles. To this the governor and council are ready to assent. But hearing, that this line was produced by the Pennsylvania commissioner, after the commissioner for Maryland had left him, and that this produced line also goes under the name of Mason and Dixon’s, they apprehend, that the 23 miles are intended to be started from the termination of the produced line. There may be some reason for this apprehension, if the part added is to the south of the latitude of Mason and Dixon’s line. But if it be not, I hardly think it of sufficient consequence to bustle about it: as the 5° of longitude must necessarily be the distance of the western boundary of Penna. from the Delaware. Pray inquire into, and transmit to me the particulars of this Addition, made by the Penna. commissioner: and be sure to inform me, what Distance Mason and Dixon’s line was run by the two commissioners in conjunction.
I can give you no intelligence as to supplies. I fear, however, that it is the fate of the delegation to undergo anew a state of humiliation and poverty.
I beg to learn, how far the Dutch are warped from the war by negotiations with Britain. When I left you, his britannick majesty seemed disposed to a separate peace with them: but nothing appeared to warrant the belief, that they would yield to the seduction. Probably you have acquired more recent notice.
Yrs mo. sincerely.


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

Gentlemen
Virginia Council Chamber Apl 27th. 1782

By some queries that have been presented to the Attorney General there is reason to apprehend that the people who inhabit the lands that were in dispute with the State of Pennsylvania are likely to suffer, not only in the property of their lands but by a reversal of the decrees of the Courts whilst they were look’d on as subjects of this State and are also under prosecution for acts done by them under its laws. The Executive beg the favor of you to enquire into these matters, and to give them such information as you can obtain, and also an account of all the proceedings of the Pennsylvania Assembly that relate to the Inhabitants of that country. I am with respect &c


Title: Motion Approving John Jay’s Negotiations with Spain, [30 April] 1782
From: Madison, James
To:

Editorial Note
In view of the Report Approving John Jay’s negotiations with Spain, 22 April 1782 (q.v.) and the fact that between that date and 30 April Congress received no dispatches from Jay or William Carmichael, JM’s reasons for introducing this motion, so similar in its contents to the report, invite comment. Both the report and this motion were in response to Jay’s long dispatch of 3 October 1781 to the president of Congress (Wharton, Revolutionary Diplomatic CorrespondenceFrancis Wharton, ed., The Revolutionary
          Diplomatic Correspondence of the United States (6 vols.; Washington, 1889)., IV, 738–65, and esp. p. 763).
Since Livingston had been on an extended “excursion” to New York (Motion on Secretary for Foreign Affairs, 4 March 1782, n. 1) when this letter was received, Congress directed a committee under JM’s chairmanship to draft a reply. By failing to mention Livingston in this directive, Congress apparently assumed that Livingston would not be available for consultation (Report on Foreign Dispatches, 20 March 1782). At least a week before 22 April, when the committee submitted its recommendation to Congress, Livingston returned to Philadelphia. He then read Jay’s dispatch and a preliminary draft of the committee’s report. On 16 April, having heard that a vessel was to “sail in two hours for Cadiz” and believing that congressional agreement upon a reply would be delayed by extended debate, Livingston wrote a private letter to Jay summarizing the contents of the proposed report (Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, 330 n.). The secretary for foreign affairs assumed in this letter that the official answer to Jay’s dispatch would be signed by President Hanson. On the contrary, the Madison committee suggested in their report on 22 April that their recommendations be made the basis of an answer to Jay “to be subscribed by the Secy. of F A.” Although unnoted in the journal for that day, Livingston evidently was directed not to mail his reply until it had been approved by Congress (Report Approving Jay’s Negotiations with Spain, 22 April 1782, and n. 1; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 207–8).
What took place between 23 and 30 April with regard to this matter cannot be fully ascertained from any primary sources known to the editors. Livingston appears to have been dissatisfied both because he, rather than Hanson, had been assigned the task of drafting the dispatch and because Congress decided to send the text of its resolutions to Jay. Charles Thomson noted in one of his record books that on 29 April, “Secy for For. Affairs on report of a Committee on Mr. Jays letter of 3 Oct 1781,” and on 30 April, “His [Livingston’s] two letters proposed were read & postponed & a motion adopted & passed in lieu thereof” (NA: PCC, No. 191, fol. 14). The first of these entries apparently means that on 29 April (Monday) Livingston submitted to Congress his draft of a dispatch to Jay, dated two days earlier, summarizing the resolutions of 22 April. Perhaps after reading this draft, JM persuaded Livingston that, since the need of Spanish aid was no longer so urgent, and since the court of Madrid patently read all correspondence between Jay and Carmichael and the officials of Congress, including the enciphered passages, the time had come to supplement the soft and diplomatic paragraphs of Livingston’s proposed letter to Jay with some forthright congressional resolutions which JM was prepared to introduce (Report Approving Jay’s Negotiations with Spain, 22 April 1782, n. 5). Jay had hinted in his dispatch of 3 October 1781 that he would welcome these. Under date of 28 April Livingston wrote a second letter to Jay which, as Thomson noted, reached Congress two days later, just before JM introduced his resolutions. This brief dispatch appears to be merely a covering letter for these resolutions which Livingston would enclose without enciphering them (Wharton, Revolutionary Diplomatic CorrespondenceFrancis Wharton, ed., The Revolutionary
          Diplomatic Correspondence of the United States (6 vols.; Washington, 1889)., V, 332–35, 377; George Dangerfield, Chancellor Robert R. Livingston, p. 168).

[30 April 1782]

Resolved That the the Minister Plenipo: of the U. S. at the Court of Madrid be inform’d that Congress entirely approve of his Conduct as detailed in his letter of the 3d. of Ocr. last: that the limitation affixed by him to the proposed surrender of the Navigation of the Mississippi in particular corresponds with the views of Congress: that they observe not withou[t] surprize & concern that a proposition so liberal in itself & which removed the only avowed obstacle to a connection between the U. S. & his C. M. should not have produced greater effects on the Councils of the latter: that the surrender of the Navigation of the Mississippi was meant as the price of the Advantages promised by an early & intimate alliance with the Spanish Monarchy, & that if this alliance is to be procrastinated till the conclusion of the war, the reason of the Sacrifice will no longer exist: that as every day wch. the proposed Treaty is delayed, detracts from the obligation & inducement of the U. S. to adhere to their overture, it is the instruction of Congress that he urge to the Ministers of his C. M. the obligation it imposes on Spain to make the Treaty the more liberal on her part: and that in particular he use his endeavors to obtain in consideration of such delay, either an enlargement of her pecuniary aids to the U. S. a facilitating of the use of the Mississippi to the Citizens thereof or some peculiar indulgences in the commerce of the Spanish Colonies in America.