Title: From James Madison to Edmund Randolph, 29 May 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
Philada. May 29th. 1782.

The inclosed letter was put into my hands several weeks ago. As I found by looking into it that it related to a subject decided on in the case of Col. Carrington, and which wd. be communicated by him to Majr. Pierce, I thought it unnecessary to transmit it by the Post. This is the first private conveyance that has offered.
I wrote to you yesterday morning by the post fully & in Cypher. As I am told however the Bearer will probably be in Richmond before the Post, it may not be amiss to repeat to you that we have heard nothing from Carlton since our refusal of the passport to his Secy. and that we have authentic information from Europe that insidious attempts have been made both on Dr. Franklin & Mr. Adams, by British Emissaries as well as tempting overtures employed to divide our Ally from us. These Machinations have served no other end than to expose the meanness & impotence of our Enemy, and to supply fresh proofs of the indissoluble nature of the Alliance. Mr. Adams begins to advance with considerable speed towards the object of his Mission in Holland.
The Action in the West Indies is still wrapt up in darkness. The inclosed paper contains a Specimen of the obscure & contradictory advices which have alternately excited our hopes & our apprehensions.
A Copy of sundry resolutions of the House of Delegates touching the exportation of Tobacco in the Flags, was laid before Congress yesterday by the Superintendt of Finance & ref[erred] to a Committee. On a review of the Doctrine of the 9th. art. of the Confederation I believe the right of the State to prohibit in the present case the exportation of her produce can not be controverted.

   The States seem to have reserved at least a right to subject foreigners to the same imposts & prohibitions as their own Citizens; and the Citizens of Virga. are at present prohibited from such an exportation as is granted in favor of the B. Merchants. This is a very interesting point and unless the division line between the Authority of Congress & the States be properly ascertained, every foreign treaty may be a source of internal as well as foreign controversy. You may call to mind one now in negotiation which may be affected by the construction of this clause in the Confederation.

 Congress have no authority to enter into any Convention with a friendly power which would abridge such a right. They cannot have a greater authority with respect to a Hostile power. On the other side it is equally clear that the State has no authority to grant flags for the exportation of its produce to the Enemy. Armed Vessels wd. not respect them, nor would they be more respected in the Courts of Admiralty. Unless Congress & the State therefore act in Concert no Tobacco can be remitted to N.Y. and a further drain of Specie must ensue. When the matter was first opened in Congress the impression was unfavorable to the right of the State, and pretty free strictures were likely to be made on its opposition to the Constitutional power of Congress. It became necessary therefore to recur to the law & the testimony which produced an acquiescence in the contrary doctrine. Their sentiments however with regard to the policy & consistency of the Resolutions are very different. The last Resolution in particular Compared with the preliminary doctr[ines] produces animadversions which I need not recite to you. There are several reasons which make me regret much this variance between Congress & Virga. of which a material one is that a great Personage will be touched by it since it originates in his Act, & since in a conference between a Committee[,] him & the Superintt. he concurred in the expediency of granting the passports. Gillon is just arrived here with five sail of the Havannah fleet. I have not yet heard whether he brings news or not.
Adieu
J. M. Jr.[?]


Title: Count Bieniewsky to Virginia Delegates, 31 May 1782
From: Bieniewsky, Count
To: Virginia Delegates

Philadelphi le 31. Mai, 1782.

Le Comte de Bieniewsky authorise Monsieur Le Colonel Bland et Deputé de L’Etat de Virginie et Membres du Congrés, de proposer a leurs dit Etat in son Nom de Statuer un Legion de Trouppe pareill qui’l a proposé au Congrés; en cas [les?] mem[es?] ou L’Etat ne voudroit operer augmentátion de Ses forces que pas [par?] degres il se Soumet de prendre le Comandement d’un Seul corps qu’il Statuera, et que l’on pourra augmenter quand besoin y Sera; mais com[m?]e les demandes qu’il a fait au Congrés ne Sont pas analogue a la Constitution de L Etat, il les reduit.—

1º—a la concession du Terrains.
2º—a la garantie du paiement pour la Levé de la Trouppe
3º—La Soldi, et entretien regulière.
4º—La garantie de la demie paie aux officiers, et de avances aux Soldats apres la guerre.
5º—a ce que cette Trouppe Soit Toujour Comande par Ses officiers et que Exercice de la Disciplin Militair Soit imediatement Subordoné au General Comandant de cette Trouppe.
6º—Que le Comte de Bieniewsky Soit emploié au Comdant de Trouppes de l’Etat, et reconu[?] en le qualité de general major, avec le rang et charge de L’inspecteur des Trouppes de l’Etat.

A ces conditions, et engagements le Comte de Bieniewsky Stipulera le Traité pour le Leve de la ditte Trouppe, et honoré[?] du Title de Citoyen de l’Etat de Virginie, et prendera serment usité.
Maurice Auguste Comte de Bieniewsky
Et en cas que Messieurs de Bland et  Recevir le pouvoir de conclu Le Traité il est necessair de fai[re?] expedié en mem Temps La Comissio[n] du general Major de L’Etat de Virginie au Co. de Bieniewski; et ses autres Pouvoirs du dit Etat de Lever la Trouppe et nomé les officiers a Leurs emploies—CM[?]
Translation of Proposals from the Count de Biniouskey to the Honbl. James Madison, & the Honble. Theok: Bland delegates in Congress from the State of Virginia. to be laid before the Said State for their Consideration and acceptance if they shd. think proper so to do, if otherwise, their refusal to be notified through their sd. Delegates in Congress to the Count de Beniouskey. viz

Philadelphia May 31st. 1782

The Count de Beniouskey Authorizes Col: Bland and Mr. Madison Deputies from the State of Virginia and Members of Congress to propose to their said State—in his own name to constitute a legion of troops similar to that which he has proposed to Congress. But if the State, shall not see fit to Augment its troops to the number there offerd, he submits to take the Command of one of the Corps which he shall raise and which may be augmented by the addition of the other Corps or any part thereof as the sd. State shall think fit. But as the demands heretofore made to the United states in Congress assembled—may not Quadrate with the Constitution of the State of Virginia and in order to obviate any obstacles (which that might present) to the acceptance of his proposals—the following are the terms which he offers to the Said State as the Basis to any agreement which may be enterd into on these proposals viz

1st.the Concession or grant of the Lands to the Soldiery &.c.
2dan assurance of Payment for the expences of levying the said troops.
3dthe regular pay and subsistence of the troops while in Service of the State
4ththe assurance of half Pay to the officers and of the advance or loan to the Soldiers after the War
5ththat the troops aforementiond shall be always commanded by their own officers, and that the Exercise of military Discipline shall be immediately subordinate to the General of those troops
6ththat the Count de Beniouskey shall be employd to command the troops of the State and have the Rank of Major General with the Rank and Charge of Inspector of the troop[s] of the State

on the above Conditions and engagements the Count de Beniouskey, will stipulate the treaty, for Raizing the Said troops—will become a Citizen of the State of Virginia and will take the Usual oaths of Allegiance and fidelity to the Said State, as will his officers and soldiers on their arrival
Signd    Maurice Count de Beniouskey

In case Messrs. Madison & Bland receives power to conclude the treaty—it will be necessary at the same time to send the Commission of Major General of the State of Virginia to the Count Beniouskey, and a power of the Said State to Levy the troops and name the officers to their respective posts therein
N.B. the above is a liberal translation of his proposals in French according to the Spirit of them as explaind by Count Beniouskey to us verbally


Title: Report on Fidelity to French Alliance, [31 May] 1782
From: Madison, James
To:

Editorial Note
Several actions by Congress, not mentioned in the printed journal, explain the contrast in emphasis between the docket, above, and the prefatory sentence of the report, below. On 27 May Congress had referred to JM, Abraham Clark, and Jesse Root the dispatch of 30 March from Franklin to Livingston and a copy of a letter to Franklin from John Adams written on 26 March. Each of these communications reported that agents of Lord North through correspondence or conversations were seeking to entice “the Colonies” into negotiations looking toward a truce or peace with Great Britain (Virginia Delegates to Harrison, 28 May 1782, and n. 20; NA: PCC, No. 186, fol. 30; Wharton, Revolutionary Diplomatic CorrespondenceFrancis Wharton, ed., The Revolutionary
          Diplomatic Correspondence of the United States (6 vols.; Washington, 1889)., V, 273–75, 277).
On 28 May Livingston submitted to Congress a report of what he had been told by La Luzerne. The latter, after mentioning that British “Emissaries” had sought to draw France, the Netherlands, and Adams into separate peace negotiations, emphasized that Vergennes had unqualifiedly refused to have his government dishonor its pledge in the treaty of alliance. For this reason La Luzerne suggested to Livington that “it would be useful if Congress would affirm its determination to treat with the enemy only in concert with France in Europe,” thereby foreclosing the possibility of separate negotiations with Carleton in America. La Luzerne also urged Congress “to trouble the repose” of the enemy by conducting vigorous military operations during the remainder of 1782 (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 304–5). Having listened to this communication from Livingston and noted that it related to the same subjects which Franklin and Adams had commented upon in their letters, Congress referred it on 28 May to the committee named above (NA: PCC, No. 186, fol. 30). Since Jesse Root had left Philadelphia with Joseph Montgomery to portray the critical financial situation to the legislatures of the northern states, Congress on 29 May appointed Samuel Wharton to replace Root on JM’s committee (ibid.; see also Report on Mission To Inform States of Financial Crisis, 22 May 1782, editorial note).

[31 May 1782]

The Committee to whom were referred the Communication from the Minister Plenipo: of his M.C.M. &c submit the following report:
That the Secretary of For: Affairs acquaint the Minister Plenipo: of France, that the signal proof of inviolable constancy to his engagements given by his M.C.M. in the answer to the attempts of the British Court to seduce him into a separate peace, has been recd. by Congress with the sentiments with which it ought naturally to inspire faithful & affectionate allies, & entirely corresponds with the expectations which the magninimity & good faith of his past conduct had established: That Congress embrace with particular satisfaction this occasion of renewing to his M.C.M. the assurances which they have so often & so sincerely repeated of a reciprocal & equal resolution to adhere in every event to the principles of the Alliance, & to hearken to no propositions for peace which are not perfectly conformable thereto; (That the insidious steps which the Court of London is pursuing render it improbable that any propositions conformable to those principles will be made to the U.S.; but that in case such propositions should be made Congress will not depart from the measures which they have heretofore taken for preventing delay & for conducting the discussion of them in confidence & in concert with his M.C.M.) and that as Congress observe with the warmest approbation the purpose of his M.C.M. to oppose to the false appearances of peace held out by G.B. those redoubled efforts which may render her sincerely disposed to it, so his Majesty may be persuaded that they are no less impressed with the necessity of such concurrent exertions on the part of the U.S. as may frustrate the views of the common enemy in the new system which their policy seems to have adopted on this Continent.
That the Secretary of Foreign affairs also furnish to the said Minister Plenipo: a copy of so much of the letter of the  day  of  last from the Commander in chief as relates to a letter to him from Genl. Carlton, together with copies of the latter, and of the resolution of Congress passed in consequence thereof.
That the Secretary of F. Affairs transmit copies of the first of these Resolutions & of the papers referred to in the last, to the Minister Plenipo. of the U. States at the Court of Versailles and to their other public Ministers in Europe.


Title: To James Madison from Edmund Randolph, 1 June 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Richmond June 1st. 1782

The senate have amended the resolution of the house of delegates, which I inclosed to you by the last post, respecting passports for the transportation of tobacco to New-York, so as to destroy its force. The delegates disagreed to their amendment, and that disagreement remains to be discussed on monday next. There is not the least probability, that the senate will recede, their vote having passed by the voice of sixteen members against one negative. Indeed many are inclined to believe, that, should this subject be remitted to the house of delegates for consideration, they will rather abandon their disagreement.
The day before yesterday, Mr. Mason, Mr. Jefferson, Mr. A. Lee, myself and Dr. Walker were appointed to state the claims of Virginia to western territory. Our power extends to publication without consulting the assembly; and I presume, that two or three months will produce something. I wish, I had leisure to relate to you some management, which the desire of being distinguished by an appointment of this sort has occasioned. Superior beings must surely amuse themselves with contemplating the contests, which agitate mankind for trifles, and the meanesses, to which those trifles give birth. I will shortly excite either your ridicule or indignation at some recent manoeuvres.
Messrs. Webb and St. George Tucker have fallen victims to the triennial exclusion of counsellors. The former has accepted since the office of receiver of the monies, paid into our treasury for continental use. I have written to Mr. Morris this week upon the subject: but in addition must beg you to inform him, that, as the assembly are about to appropriate the taxes to the various uses, for which they are designed, I have suggested to Mr. Webb the propriety of deferring the publication, mentioned in his instructions, lest it should irritate at a season, when the assembly intend to destine for the use of the united states a portion of the public revenue; which portion will probably be affected in its quantum by the temper of the legislature.
I am afraid however, that scarcely any thing can [be] expected from the collection of taxes sooner than the latter end of the year: it having been yesterday determined to postpone it. But a blank is left for the day, to which it is to be postponed.
Mr. Henry is indisposed at present to repeal the cession, desiring to wait for a fitter opportunity. This measure will be attempted next week: and will, as [I] at present think, be adopted, giving congress a day, before which they may still accept [it.]
The Mr. Lees are the warm patrons of a r[e]formation of the general court: and have worked out a new system, which will [car]ry its own refutation with it.
I saw a letter from Mr. Jefferson to Col. Monro, in which he assigns reasons for refusing his seat in the house of delegat[es.] The pathos of the composition is really great; and the wound, which his sp[irit] [re]ceived by the late impeachment, is, as he says, to be cured only by the all-heali[ng] grave. His triumph might certainly be an illustrious one over his former enemies, were [he] to resume the legislative character: for in the constant division between the tw[o] leaders, Henry & Lee, he might incline the scale to which soever side he wou[ld.]
Tell Mrs. Triste, that we remember her with affec[tio]nate regard, and present our best respects to our acquaintance under your roof[.]
Sincerely yours.


Title: Report on German Prisoners of War, [5 June] 1782
From: Madison, James
To:

Editorial Note
In a letter of 27 April 1782 to the secretary at war, Washington reported that “not a single recruit has arrived, (to my knowledge), from any State except Rhode Island, in consequence of the Requisitions of Congress in December last.” This alarming fact and the enemy’s failure to provide money for the support of prisoners in American hands led him to recommend as “highly expedient that measures should be adopted, at this moment, for taking the German Prisoners of War into our Service.” In Washington’s opinion the German captives would “make exceedingly cheap & valuable Recruits, and being able-bodied & disciplined Men will give a Strength & solidity to our Regts. which they will not otherwise acquire this Campaign” (NA: PCC, 149, I, 309–11).
Washington’s proposal was also supported by precedent. Influenced in part by a determination to retaliate against the enemy’s effort to entice “our troops to desert our service,” Congress as early as 14 and 27 August 1776 offered all “Hessians and other foreigners” who would “quit the British service” a land bounty of between fifty and one thousand acres, depending upon the rank of the deserter, and the opportunity to become a citizen of “any of these states” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., V, 653–54, 707–8). Congress also had adopted Washington’s proposal of 9 August 1778 by permitting Pulaski’s Partisan Corps and Armand’s Legion to enlist German prisoners as well as deserters from the British army (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XII, 305; XIII, 357; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., X, 291; XI, 642–44; Harrison to Virginia Delegates, 11 January, n. 5; Virginia Delegates to Harrison, 4 June 1782, n. 8).
The committee, under Elias Boudinot’s chairmanship, to which Congress on 4 May had referred Washington’s letter of 27 April, framed its recommendations of 15 May 1782 in consultation with Morris and Lincoln. The preface of the report mentioned the enemy’s practice of being cruel to American prisoners “with an apparent design of forcing them” to enlist under the British flag, the “considerable number of the German Prisoners” who had “expressed an earnest desire” to serve in the American army or “to become citizens of these states,” and the commander-in-chief’s highly satisfactory experience with those German captives who had been formed into a separate corps. For these reasons the committee advised Congress to adopt Washington’s proposal by directing Lincoln, in concert with Morris, to offer the German captives a three-years’ term of service in the continental army in exchange for their release from internment, a money and land bounty, wages, and the probability of acquiring citizenship, “provided that they do not act contrary to the Laws of any State in which such prisoners may become free Citizens.” On 15 May, after amending these proposals, Congress referred them to John Morin Scott, JM, and John Rutledge (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 274–76, 276, n. 1). Although the amendments appear not to be extant, their general tenor probably is indicated by the differences between the reports of the two committees.

[5 June 1782]

Whereas the events of war have put into the possession of these U. S. great numbers of prisoners taken at different periods in the service of the King of G.B.

And whereas the British Commander in cheif hath not as yet concurred in any measures either for liquidateg & dischargeg the arrears due to the U. S. for the past subsistance of the sd. prisoners or providing for their future subsistance: And Whereas a considerable proportion of the said Prisoners consists of Germans by nation, many of whom from a dislike to the service into which they have been involuntarily hired, and from a prospect of amending their condition, have expressed a desire of entering some of them into the military service of the U. S. and others into a reasonable period of common service, with a view of eventually becoming Citizens & settlers within the said States: And Whereas the indulgence of the said Prisoners in their respective desires will tend to counteract the unjust & cruel designs of the Enemy and to aid the States in filling up the quotas of troops respectively required of them.
Resolved (See paper annexed. A.—
The Committee to whom was referred the report relative the German prisoners &. submit the following resolutions
Resolved
That the Secretary at War be authorised & directed to take immediate measures for enlisting into the Army of the U. S. for the term of 3 years or of the War, at the option of the party enlisting, so many of the German prisoners of War to the said U. S. as shall voluntarily agree thereto, and take the oath of fidelity prescribed by the Articles of war:
That the said Secretary be authorised to allow to each recruit so enlisted a bounty of Eight Dollars to be advanced from time to time on his application by the Superintendant of Finance; and to stipulate in behalf of the U. States, to all such recruits the same pay & other provisions and on the like conditions, as have been stipulated to other Soldiers enlisted for the same terms into the service of the U. S.
That all recruits so enlisted be placed by the said Secretary to the credit of the several States in proportion to the quotas of troops respectively required of them by Congress; in the same manner as if the recruits had been raised by & received from them in pursuance of such requisition.
That the said recruits as fast as they shall be enlisted shall be marched to such place as the Commander in chief shall direct; and shall be arranged in the army in such manner as he shall judge most conducive to the public Service.
That the Superintendt. of Finance & Secrety. at War take order for disposing of the services of such of the said Prisoners as shall desire it for such period as they shall deem reasonable not exceeding three years, and on such conditions as will secure to the same, a comfortable maintenance and be most conducive to the public interest.


Title: Report on Paying Representatives Abroad, [5 June] 1782
From: Madison, James
To:

[5 June 1782]

The Committee to whom was referred the Letter from the Supirintendant of Finance of the 31st. of May report the following Resolution
Resolved, that the Resolution passed on the 29th of May relative to the Salaries & Allowances of the public Servants of the united States be & hereby is repealed: and that from & after the first Day of August next, Warrants be issued quarterly on the Treasurer of the united States, for one fourth Part of the annual Salaries & Allowances respectively made to the said public Servants employed in foreign Parts.


Title: Motion to Request Report from Superintendent of Finance and Secretary at War, [6 June] 1782
From: Madison, James
To:

[6 June 1782]

That the Superintendant of Finance & Secretary at War report to Congress the steps taken by them in consequence of the reference made to them on the  day of


Title: From James Madison to Edmund Randolph, 6 June 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
June 6th. [1782]

Mr. Webb being detained till this morning I enclose you the gazette of it. You will find a singular extract from Lord North’s Butchet. The Speech was delivered on the 11th. of March. It must have been Mr. Ross’s Contract therefore & not Mr. Morris’s which supplied this article. I am just told that the Senate have put their veto on the Resolutions of the H. of Delegates agst. the latter. If an existing law however prohibits the exportation, and one branch of the Legislature protests agst. the authority of Congress to dispense with it, The Executive will scarcely suffer the Tobo. to be exported. If this matter should terminate in an agreement by Maryland to supply the Tobo. and Virga. should be drained of her money to purchase the Staple of the former, whilst her own Staple is left on her hands — — — — — The proviso in the resolutions in favr. of the Contract of the State agent furnishes I find a copious topic for Anti-Virginian Critics. It is inconsistent with the laws of the State, with the Ordinances of Congress, with the Treaty with France, with gratitude to our Allies, for Tobo. to be shipped to N.Y by Mr. M. for the advantage of the U.S. But [if] the identical Tobo. be shipped by Mr. R. for the advantage of Virga. the inconsistency is done away in the eyes of The House of Delegates of Virginia.
A New York paper of the 1st. Instant contains so many minute particulars touching the defeat of the French in the W. Indies, taken it is sd. from an Official acct. in the St. Lucia Gazette, that Mr. de M——s. himself says it is u[seles]s any longer to struggle agst. the belief of it.


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

Gentlemen
Council Chamber June 8th. 1782

I am much obliged to you for your communications by the last post. I hope the difficulties thrown in the way of our supplies will be removed by the resolutions of the Assembly, If they should not let me beg of you to use every endeavour to satisfy the Minister that payment will be made according to agreement and that the stores are absolutely necessary to secure our safety; you will also much oblige me by inquiring whether they are or will be shipd in men of war. We are still in the dark how the naval engagements in the West Indies ended accounts differing as much so here as with you. None of the great matters before the Assembly are yet finished. The delegation to Congress for the next year will remain as at present, the three years service will be computed from the confederation. I am &c
Benj. Harrison


Title: Barbé-Marbois Letter Written with Jm’s Collaboration, 9 June 1782
From: Barbé-Marbois, François,Madison, James
To: Randolph, Edmund

Editorial Note
In his letter to Edmund Randolph on 11 June 1782 (q.v.), JM stated that François, Marquis de Barbé-Marbois, wrote this anonymous letter in French and then asked JM to render it into English. Neither Marbois’ manuscript nor JM’s handwritten translation of it appears to be extant. Unless at least the French original is found, the accuracy of JM’s comment to Randolph may be challenged but not disproved.
The inclusion of the letter in this volume would seem to be warranted. As Irving Brant has remarked, if JM merely translated the letter, “Marbois had a genius for uttering Madisonian thoughts” (Brant, MadisonIrving Brant, James Madison (6 vols.;
        Indianapolis and New York, 1941–61)., II, 171). The style of the document, the diction, and the points of view, all suggest JM. His inexpert knowledge of French would probably have led him unintentionally to depart from the original text, even granting that he had declined Marbois’ invitation to be co-author as well as translator (JM to Randolph, 11 June 1782). Late in life JM arranged some of his own papers for publication and thereby became in considerable degree the editor of the three-volume Gilpin edition of 1840 (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (4 vols. to date; Chicago, 1962——)., I, xviii). Henry D. Gilpin prefaced his publication of the letter by remarking, “The share Mr. Madison had in this letter, and the subject to which it relates, seems to make it proper to rescue it from the files of a newspaper” (Madison, Papers [Gilpin ed.]Henry D. Gilpin, ed., The Papers of James
          Madison (3 vols.; Washington, 1840)., III, Appendix, xxxv–xxxvii). JM may have had the clipping or even his retained copy of the translation in his files and, recalling his share in preparing the letter, have suggested to members of his family that they include it among his papers to be published.

Philadelphia, June 9, 1782.

We have received no intelligence from the French islands which can remove or lessen our anxiety, with respect to the actions between the fleet of our ally and that of our enemy: I am however inclined to believe, that the broken accounts published by the latter are true, but we shall learn from the French accounts only the entire damage sustained by the British fleet. There are a few among us, who, arguing from the reiterated and bold impositions of the English, and from some contradictions remarked in their accounts, still doubt the reality of the victory ascribed to them: for my own part, it appears so natural for 37 ships of the line to beat 30, and the British publications are so circumstantial, that I can no longer doubt that Sir G. Rodney has gained a victory; but it is a victory which can yield him only bitter fruits, and which bestows on the conduct and courage of the unsuccessful admiral, the glory of having resisted for twelve hours a force one-fifth superior to his own. Instead of multiplying conjectures on the consequences of this event; I shall content myself with informing you, that the French fleet, according to all reports, has joined fifteen French and Spanish ships of the line which awaited it at Hispaniola; so that even the victory of the English has not been able to frustrate this junction, which they were resolved to spare no efforts to prevent; and we may consider this disappointment to them as an important point gained on the other side.
But the consideration most proper to console us for this event (if any thing can console us for the misfortune of a faithful and generous ally) is, that it has afforded us an occasion of displaying a national character, a good faith, a constancy and firmness worthy of a people who are free, and determined to perish sooner than cease to be so. Sir Guy Carleton was presenting himself with the olive branch in his hand, at the very moment when this disagreeable intelligence arrived; perhaps he had formed so bad an opinion of us, as to suppose that this was a favourable crisis for detaching us from our allies. He has announced his plan; he has endeavoured to send his secretary, Mr. Morgan, to congress, and he has perhaps thought us so base, and so ignorant of what our duty or honour, and our interest prescribed to us, as to be ensnared by the hope of an approaching peace; but although he has scarcely been a month on this continent, he must already have begun to know the Americans: four years have elapsed since the date of the happy alliance which unites us with France; we had every year received new benefits from this nation, without being able to make any other return than barren acknowledgements; and like one friend who is constantly obliged by another, without having it in his power to render reciprocal services, we waited with impatience an opportunity of demonstrating that our professions of attachment and gratitude were engraven on our hearts, and were not to be affected by the vicissitudes incident to a long war. This opportunity has happened; the enemy themselves have presented it to us, and I cannot express to you the joy with which I have seen Maryland, Pennsylvania and Virginia, with emulation and with unanimity, declare their fixed resolution to reject with disdain every offer of a separate peace, and every proposition which would throw the slightest stain on our national character or the alliance. I have just read, with the same pleasure, the resolutions passed by the assembly of New-Jersey; they breathe a true patriotism. The enemy can no longer say that nine-tenths of the Americans are in their favour; they cannot even say that they have a single partizan in the thirteen states since these resolutions are all unanimous. The United States had for six years assumed their rank among independent nations; and from the present moment they will hold a distinguished place among nations the most celebrated for their generosity, their firmness and their virtues. Thanks to our enemy, who, in endeavouring to fix an indelible blot on our national character, and to ensnare us into an ignominious perfidy, have enabled us to display those qualities which are the foundation of the glory and happiness of states. Europe will at length know us: England herself will perhaps learn to judge less unfavourable of us; and finding that we are actuated by principles of justice, of constancy and fidelity, will relinquish her scheme of degrading and debasing us, that she may in the end enslave us.
But I have still to relate to you the most happy circumstance in this affair: At the time the assemblies were passing these wise and noble resolutions, congress received information, that the most seducing propositions had been made to our ally by a British agent sent to Versailles; that concessions had been tendered, the best adapted to seduce a power influenced either by avarice, by ambition, or a sense of weakness; but the agent refused to treat at the same time of the independence of the United States. Our allies answered simply, that this independence formed the basis of their system; and the negociation went no farther. The conduct of the French has been so uniform, and so upright through the course of this war, that this answer excited no surprise in us; nevertheless, it is not to be denied, that a power who proceeded with a less firm step in the path of justice and wisdom, might easily have suffered itself to be led away by the dazzling offers which were made.
This was the proper conduct, both on our part and that of France, to do honour to the two nations. It is happy for their mutual glory that, without any communication, without any concert, and without any consultations, they have both, from the same innate rectitude, adopted the same resolutions against separate negotiations. What was the object of these propositions secretly and separately made to the two parties? If Great-Britain had been actuated by good faith, she ought to have apprised France that she meant to treat with us; and to acknowledge to us that she was endeavouring to treat with France: but she hoped, by sowing seeds of jealousy and distrust, to divide us: she flattered herself that the two allies, or at least one of them, might listen to her propositions; that the other would conceive suspicions therefrom; that discontent would succeed, and that a rupture would eventually take place which would terminate in our subjugation: her project has miscarried, the artifice is detected; and whilst it displays the insidious policy which still directs her councils, serves to evince the mutual fidelity and attachment of the allies; and the necessity of an unlimited confidence and constant communication of every thing which relates to our mutual interests.
I am now more proud of the title of American than I have ever been: the enemy have, without intermission, represented us as a timid and dastardly people, without faith and without honour: they are now undeceived at their own expence. But there is one point in which our national honour has too long suffered: we have sufficient firmness to abandon our houses and our habitations to an incendiary foe; we have seen without terror our houses and our farms in flames; we have seen our effects, our horses and our cattle swept away, and our sentiments have remained unshaken; we have received with contempt overtures of peace which would have covered us with shame; we have suffered all the calamities and wants which afflict exiled citizens, obliged to seek an asylum at a great distance from their own country. Our wives have shewn the same firmness of soul, and sometimes their firmness and patriotism have invigorated our own. We have shed our blood in the glorious cause in which we are engaged; we are ready to shed the last drop in its defence. Nothing is above our courage, except only (with shame I speak it) except the courage to tax ourselves.


Title: Report on Rations for Prisoners of War, [10–11 June] 1782
From: Madison, James
To:

[10–11 June 1782]

Report of the Committee on the Resolutions moved by Mr. Madison, &c..
Resolved, That the Secretary at War be authorised & directed to make such reduction of the rations to be issued after the first day of July next to Prisoners of war in the possession of the U. States as the interists of the U. States shall require, and the preservation of the said prisoners will admit.
That the said reduction be continued until adequate measures be taken on the part of the Enemy for liquidating and discharging the arrears due to the U. States for the past subsistence of prisoners of war; & for supplying regularly the expence necessary for their subsistence in future.
That the Secretary at War be authorised to grant proper permits for the conveyance of supplies of provisions for the aforesaid Prisoners from within the lines of the Enemy.
That the said Secretary & the Superintendt of Finance be authorised to take the requisite measures for remitting supplies of provisions to the Citizens of the U. States, prisoners within the lines of the Enemy.


Title: Virginia Delegates to Benjamin Harrison, [11] June 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sr.
Philadelphia June [11,] 1782

This days post brought us Your Excelly’s. favor of the first of June enclosing the Resolution of May 28th relative to the Commissioners for settling the Accounts of the State, as also, a letter for the Chevr. de la Luzerne, and a Copy of Resolutions of the Assembly of the 23d of May, relating to the transaction of Col: Harrison with that Minister, all of which shall be duely attended to.
Nothing Authentic has yet reachd this place from the French fleet in the West Indies, since the action of the 12th of April; and altho Contradictory accounts continue to arrive daily, from Various Quarters, which diminish the loss of our Ally, some of them even so far, as to reduce it, to only two ships—Yet we are sorry to give it as our opinion that there is too much reason to believe the Acct Publishd with Rodneys signature bears too many marks of Authenticity to be doubted.
The Embarkation from New York, which we informd Yr. Excellency in our last was likely to take place, it is reported has actually saild, but of this we have no Authentic accounts, The number of troops embarked is not ascertaind nor their destination
Nothing of moment has happend since our last. we are, with assurances of the most perfect esteem & respect,
Yr. Excellys. Most obedt. Serts.
James Madison Jr.Theok. Bland Jr.


Title: Note on Motion of Virginia Delegates To Aid Leonard Cooper, 12 June 1782
From: Madison, James
To:

Editorial Note
12 June 1782. In his “Committee Book 1781–1785,” cited above, Charles Thomson noted that a “Motion of M Bland for providing a cork leg for an Officer” had been offered on 12 June 1782 and referred to Secretary at War Benjamin Lincoln. The motion has not been found. The next day William Jackson, assistant secretary at war, made a report upon this “motion of the honorable Delegates from Virginia to provide at public expence, a cork leg for Captain Cooper of the invalids” (NA: PCC, No. 19, I, 599–601; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 328). In view of the words used by Jackson to designate the motion, JM must have seconded it, since he was the only delegate, besides Bland, from Virginia in Congress. For Captain Leonard Cooper of the Invalid Regiment and the duel causing the loss of his right leg, see Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (4 vols. to date; Chicago, 1962——)., III, 165–66, and nn. In spite of Jackson’s pointing out Cooper’s ineligibility for compensation from the “public bounty,” the “sense of the house” was that “the Secry: at War may advance to Capt. Cooper 16 dollars in part of his pay” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 328).


Title: Credentials as a Delegate to Continental Congress, 15 June 1782
From: Virginia General Assembly
To:

Virginia, to wit,
In General Assembly
Saturday the 15th. June 1782.

Resolved that James Madison jr., Edmund Randolph, Joseph Jones, Theoderick Bland jr., and Arthur Lee Esquires be appointed Delegates to represent this Commonwealth in Congress for one Year from the first Monday in November next.
Archibald Cary S. S.John Tyler S. H. D.


Title: To James Madison from Edmund Randolph, 15 June 1782
From: Randolph, Edmund
To: Madison, James

Dear Sir
Richmond June 15. 1782.

Mr. F. Webb, who returned yesterday, informs me, that he is the bearer of another instance of your very friendly attention to me. The letter is at some distance from the town, and I shall not be able to see it, before the mail of this week is closed. I sincerely wish, that my matter could supply an equivalent for your interesting communications: but the retrograde motion of the assembly, and a toilsome employment for four days past in the trial of many unfortunate criminals are violent bars to my wishes on this head.
Not having attended the assembly for the present week in person, I write from information. The tobacco, it seems, is now on float: that is, the house of delegates assented to the measure by a majority of ninety to ten or eleven, and the senate heard not a single negative. Mr. Rutledge is said to have been the parent of this revolution, and effectually to have converted all the leading members, except Mr. R. H. Lee, whose perseverance remained undiminished by his arguments.
The act of the legislature, which passed the delegates yesterday, for cooperating with Maryland in the defence of the bay, breathes so much harmony, that something of the virulence respecting western territory ought to be abated on this account. It is resolved, to unite vigorously in this important object. And that future occasions may not produce regulations of commerce, by which the one may supplant the other, it is recommended, that the imposts &c of both states shall go hand in hand.
I am called to court, and must therefore postpone a full discharge of those epistolary arrears, for which I am bound to you. I beg you to present my respects to Colo. Bland, and inform him, that I received his obliging favor by the last post: and that he may be assured, that I will not remain his debtor in future.


Title: Note on Motion on Illicit Trade with the Enemy, 17 June 1782
From: Madison, James
To:

Editorial Note
17 June 1782. On 14 June 1782 Congress named eleven of its members, including JM, to be a committee under Samuel Osgood’s chairmanship, “To devise & report ways & means to prevent an illicit trade with the Enemy.” Three days later this committee was “discharged on a Motion of Mr. Madison & the business referred to a comee. of five” (NA: PCC, No. 186, fol. 36; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 333 n.). For their recommendation, see Report on Illicit Trade with the Enemy, 19 June 1782.


Title: Motion concerning Peace Negotiations, [17 June] 1782
From: Madison, James
To:

[17 June 1782]
That a Committee be appointed to propose & report to Congress the information & instructions proper to be transmitted to the Ministers Plenipo: for negociating peace, the better to enable them to support the several claims of the U. S. not included in their Ultimatum


Title: Report on Congressional Inspection of Departments, [17 June] 1782
From: Madison, James
To:

Editorial Note
By adopting this report, a majority of the state delegations obviously shared JM’s determination to remind the administrative departments of their subordination to Congress and of their obligation to be frugal and honest in the conduct of business. Believing that the Lees were unjustifiably accusing Robert Morris of “misfeasance” (Randolph to JM, 16–17 May, 21–24 May; JM to Randolph, 4 June 1782), JM may also have introduced his motion with the confident expectation that a close scrutiny of the Department of Finance would silence Morris’ enemies. If this was JM’s purpose, he perhaps contrived Arthur Lee’s appointment on 2 July to the committee “to enquire fully into the proceedings of the department of Finance, including the several branches of the same” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 370; JM to Randolph, 16 July 1782). For Lee’s view of the committee, see Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, 429.
On 25 July Congress named Lee to be chairman of a committee to examine and report on “the application of the moneys of the United States in France” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 416). Lee took full advantage of this welcome opportunity to examine and so to interpret the records of the Department of Finance as to cast suspicion, in his report of 20 November, upon the integrity of his other favorite antagonist, Benjamin Franklin (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 740–44). See also Amendment to Motion on Laurens’ Mission, 12 July 1782.

[17 June 1782]
It being expedient as well for the justification of such of the principals of the Civil Departments immediately under Congress, who duly administer the same, as for the more certain detection of such as may violate in any manner the important trusts consigned to them, that periodical & exact enquiries into their respective administrations be instituted,
It is hereby Resolved that on the 1st Monday in July and the 1st Monday in Jany in every year, five Committees composed each of five members shall be appointed; which Committees shall have it in charge to enquire fully, one of them into the proceedings of the Department of Finance, including the Several branches of the same, another into the proceedings of the Department of foreign affairs, another of the Department of war, another of the Department of Marine, Another of the post office and to report the result of their respective enquiries to Congress.
first Monday in July


Title: To James Madison from Edmund Pendleton, 17 June 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir:
Virga. June 17th 1782

Your favr of the 4th brought a confirmation of the unfortunate Issue of the great Naval Conflict in the West Indies on the 12th of April, unless we can suppose Adml Rodney’s Letter spurious, no features of which I am able to discover, unless it be an uncommon modesty, for which they have not been very remarkable in such Narrations in the course of this dispute. we are yet told from Richmond, as handed to that place from Ct Rochambeau, that Degrasse is not a prisoner tho they have lost the ships mention’d, but as Rodney’s letter as to that point seems confirmed by the Account brought to Baltimore by the Vessell from Hispaniola, that the Squadron late under Ct. Degrasse was to be commanded by Vaudruille, I think that Valuable officer is a prisoner; If this Baltimore Account be true, I think we may soon hope to hear something agreeable from Jamaica, which may Ballance our former misfortune.
I have a letter from Genl. Green’s Camp of the 18th past wch mentions the Imbarkation of 2 Regiments near 1000 men from Charles Town on the 4th of that Month supposed for Jamaica—from whence I conjecture that the preparations at New York are for conveying troops on the like errand, unless they have some plundering plan to Execute in America. there appears no Intention in the Garrison at Charles Town to evacuate it, or commence Offensive Operations. My poor nephew Judge Harry, is miserable in his Captivity there, confined in the Provost, he is afraid to take the Air of his window, lest some Refugee should be at hand to shoot him. Genl Leslie has hitherto refused his parole altho Genl Green [has] offer’d to pledge himself for his performing the terms of it; the present behaviour of the Refugees might Satisfie Lesly of the Propriety of his breaking his former Parole, if his letter to Ld Cornwallis had not been Satisfactory. He was in bad health when taken, so that I suppose his situation & the approaching hot Season, will soon put an end to all disputes about him & gratify the wishes of his Enemies, unless no death, but that by their own hands will do so.
We have had publications of the States General having acknowledged our Independence & recognized Mr Adams as Public Minister; If they have any foundation in truth, I suppose they only mean that the Province of Holland hath acceded to that measure; but of this I doubt, as you only mention that of Friesland: The whole was in a probable train, if the affair of April 12th has not Interrupted it.
Your judicious decision upon the distinct Powers of Congress & the State, respecting the Flags & Passports for carrying tobacco to New York, is unanswerable, and I feel the propriety of our Assembly’s joining in the necessary Concert on this Occasion, calculated to furnish a Market for our tobacco, which we much want, and save so much Specie to be sent off in discharge of our Continental proportion of expence. The principal objection (and what I understand Influenced the Assembly) was a regard to our noble Ally, who ’twas thought would see with resentment our tobacco going to the Common Enemy by consent of the Governing powers, a circumstance we cannot be too attentive to, from every consideration of Justice & gratitude; but besides that the Alternative of remitting the very money we Possess from their generosity, could not be less displeasing, it is to be observed that they in a manner consented to this measure, when in the Capitulation at York, in which their General had a part, the British Merchants were allowed to dispose of their goods here and of course tobacco must go to pay for them, since that was the only means. I heard a sensible Member say that he would have consented to the measure, if the French Minister had been consulted & approved it. The price (tho’ Current here) was another Objection, for say some Gentn., if our tobacco must go to the Enemy, why should not we, rather than the united States have the whole price, wch the Enemy are willing to give. the very money lodged with Mr Morris was offer’d to our Governor for tobo. at 30/a hundred provided this Passport could be obtained to carry it to N. York, and Merchants here have declared publicly that with such a passport, they would give 40/Sterling. This is indeed a Serious objection for if in consequence of this restriction in trade we are to submit to a very low price for our Staple, & must agree to wa[i]ve it whenever Congress shall propose to do so, for the Interest of the United States, we may easily suppose without breach of Charity, they would soon make their Financier a Merchant to purchase up all our tobacco, and whether they would in such case continue disinterested and proper Judges to exercise the power of Flags, is pretty [e]asily determined. In a general view therefore such a proceeding could not be approved, but the Inference is that in future we shall avoid all occasions of this sort, by either making the trade free & open, or not allow it in any case. As to what is past, we purchased the goods under a public & authorized Capitulation & are bound to pay for them; we must do so in Specie or tobacco; it is more convenient to part with the latter at the current price than the former, & should have been willing but for the Prohibition, to have let the Crs carry the tobacco any where & make their proffit[.] if Congress think they can without Injury to the Public allow the tobacco to go to New York, and take the proffit the Merchts would otherwise have, it would seem Virginia is not Injured, & the Union benefited. But here lies the Rub. If Virginia in payment of a debt to the Enemy contracted with the approbation & under the Sanction of the States, can avail herself of an high price for her produce, & Congress see no Injury in exporting that produce (for this is admitted in granting the Passports) why should they withold their Sanction to the export for the benefit of Virga. & compel her to purchase Passports, at the price of the whole proffit? Is not this making a Merchandise of Congressional Powers? I write my thoughts just as they occur & perhaps (like they say of the Assembly Resns.) my reasoning may be at Variance with my Opinion. Would not a Compromise be most Equitable? Let the Passports stand & be assented to here. Let the States have the benefit of the proffit, as far as the money goes Lodged wth Mr Morris (for that was gone from the State) and let Virga. have the best price she can get for tobacco for the residue of the debt, under the knowledge of these Passports & so let it end. I have given you too much trouble on this Occasion & Intreat yr Pardon. I am happy to hear the former Delegation in Congress is continued, as I suppose Mr Jones & Mr Atto have agreed to return. I am with great regard
Dr Sr Your very affe friend
Edmd. Pendleton


Title: Virginia Delegates to Benjamin Harrison, 18 June 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philada. 18th. June 1782.

The Post having been robbed of his mail on his return through Maryland, we had not the honor yesterday of receiving any letter from Your Excellency. If it reaches us at all it will probably be through the channel of the New York Gazette.
Since our letter of the 4th. instant which inclosed a proposition from Count Beniouski some circumstances have come to our knowledge which induce us to believe that altho’ for the reasons stated in our letter he is not to be classed with common adventurers yet his professions and undertakeings greatly exceed his resourses for fulfiling them. In particular we have decisive evidence that [he] cannot command the aid of the French Court in raising and transporting his legion and it is of itself evident that no private funds can be equal to such an expence. We do no injustice to his character in adding that the effect of the rejection of his plan by Congress has betrayed a temper which is very far from enhancing our esteem for him.
The destination of the fleet which lately sailed from N. York is still unknown; nor have we reced. a word of intelligence from any other quarter.
We have the honor to be with the greatest respect & esteem Yr. Excellency’s Obt. & hble. Servants.
J. Madison Jr.Theok. Bland Jr.

P.S.
The Letter from Oliver Pollock with the bill inclosed in it was put into our hands by the Gentleman in whose favor the bill is drawn, with a request that we would inclose it to the Executive. As we shall probably be applied to here after for information on this subject we beg the favor of your Excellency to let us know the steps taken thereon.


Title: Report on Illicit Trade with the Enemy, [19 June] 1782
From: Madison, James
To:

[19 June 1782]

The Committee to whom was recomitted the Report concerning illicit trade with the Enemy, recommend the following act

Whereas the Enemy, having renounced the hope of accomplishing their designs agst. the U. States by force alone, are resorting to every expedient which may tend to corrupt the patriotism, of their citizens, or to weaken the foundation of the public credit; and in pursuance of this policy, are encouraging to the utmost, a clandestine traffic between the inhabitants of this Country, and those who reside within the garrisons and places therein now in their possession; And Whereas some of the said inhabitants, prompted either by a sordid attachment to gain, or by a secret conspiracy with the Enemies of their country, are wickedly engaged in carrying on this illicit traffic; whereby, a market is provided for British Merchandizes, the circulating specie is exported from the U. States, the payment of taxes rendered more difficult & burdensome to the people at large, and great discouragement occasoned to honest & lawful commerce,
Resolved that it be and hereby is recommended to the Legislatures of the several States, to adopt the most efficacious measures for suppressing all traffic and illicit intercourse between their respective Citizens & the Enemy
Resolved, that the Legislatures, or in case of their recess, the Executives of the several States, be earnestly requested to impress by every means in their power, on their respective Citizens at large, the baneful consequences apprehended by Congress from a continuance of this illicit & infamous traffic, and the necessity of their co-operating with the public measures, by such united, patriotic, and vigilant exertions, as will detect & bring to legal punishment those who shall have been in any manner concerned therein.
Resolved that in case the Commander in chief shall be of opinion that any disposition can be made of the regular forces under his command, which will, without interfereing with military objects, aid in suppressing the pernicious traffic aforesaid, he be and hereby is authorized and directed to make such disposition, and to distribute the articles which may be captured from the Enemy, by the troops detached on such service, in such manner as he shall judge most conducive to the end proposed; provided always that this resolution shall not be so construed as to affect any rule touching captures or the division thereof, contained in an ordinance entitled, An Ordinance ascertaining what captures on water shall be lawful.


Title: Report on Mail Robbery, [19 June] 1782
From: Madison, James
To:

[19 June 1782]
on report of The Committee to whom was referred the letter from the Post Master informing Congress of a robbery of the mail on the day of  at  do report the following resolution Resolved that the Executives of the States of New Jersey Pennsylvania, Delaware & Maryland be & they are hereby requested to pursue the most likely measures by offering proper rewards at the Expense of the united States & otherwise for recovering the mail and bringing the Robbers to due punishment.


Title: To James Madison from Edmund Randolph, 20 June 1782
From: Randolph, Edmund
To: Madison, James

My dear friend
Richmond June 20. 1782.

You wound me deeply by insinuating a delinquency on my part in repeating my letters, or not acknowledging yours. The latter circumstance I may have omitted in the single instance of your two favors by the express: but the former charge is clearly unsupportable so far as respects the post. I have never indeed written by private opportunities, because it requires a week to collect in this barren spot intelligence enough for a letter of even a moderate length.

My last and preceding communications, which spoke of certain manoeuvres, alluded to in your letter of the 11th. instant, mentioned, I believe in general terms only, that a design appeared to be formed against the reelection of you and my self to Congress. The attack was unexpected: and the secret suggestions which were intended to injure, had had their fullest operation, before it came to the knowledge even of our friends. But it may be triumphantly said, that the wicked, and malevolent did not dare to exclude from their most poisonous reports a respect for our characters. You were assailed under the garb of friendship. It was lamented, that the rigour of law should cut off so a servant from public employment. And to say the truth, there was such a fervency of compliment that it was unpleasant to distrust its sincerity. I too was declared to be ineligible after a preface overflowing with panegyrick: and indeed the manifest of hostility never could wear a milder form. However P. Henry propounded the question respecting my eligibility: for he had been informed of these clandestine operations. No man rose to assert the negative except R. H. Lee. He was fulsome in commendation, as I was informed, and protested against every possibility of exception, but from that quarter. He had no other coadjutor, than the old squire. The doctor spoke in opposition to his brothr upon pretty much the same principle, as that which act[u]ates two eastern delegates, when they divide; namely an affectation of candor. I call myself impartial, notwithstanding the shaft was directed at my head: and therefore I shall risque my reputation for charity, and affirm, that this gentleman had no other motive. For he had been industrious in the circulation of the opinion, which discountenanced my being elected. Mr. Jones was very warm on hearing of these doublings: and if the malicious murmur had not subsided, he would, I believe, have been very pointed. Those, who defend the constitution or the laws, from principle shall never receive aught but reverence from me. But to him, who covers personal views under the pretext of public utility, I cannot be a cordial friend. Notwithstanding all this R. H. Lee wrote me a letter today subscribing himself “affectionately yours.”
The efforts of the [two] Lees seemed to have for their direct object the destruction of every man, who had not shewn himself de[vote]d to [their] designs. Within this description was included our friend Henry. They disdained not to calumnate him in [pri]vate; and in public the younger of the two [was] occasionally uttered bitter things. [Their] perseverance is so much superior to his that he will fi[nd] it diffi[cult] to resist [their] violence, but by the most circumspect conduct. An occasion offered for giving a serious cast to his conduct: but the aspersion, tho’ disadvantageous at its first representati[on] vanished upon scrutiny. An act of the assembly had reserved the land on the cape, as a common for the use of the fishermen. Mr. Henry had formed a company long before this reservation for the approp[ri]ation of them; directing the surveyor however to set apart a portion of the shore for their use. But a complaint was made to the assembly; and the Zeal of party mingled itself with this warfare for public good; so as manifestly to shew, that public good was not the ruling motive. Mr. H——y offered to yield his pretensions: but I understand, that I am instructed to institute a suit against the patent, which he has obtained.
The house of delegates have passed a bill in pursuance of the recommendation of congress concerning shipwreck. The regulations, contained in it, have been principally borrowed from the british acts on the same subject. But this law is not intended to be permanent. For upon the ratification of the consular convention, what it prescribes will be followed in the case of French subjects. In the meantime we imitate our ally, by affording to his unfortunate people the same relief, which is extended to our own countrymen.
A census is to be taken of the white inhabitants of Virginia. This, when accomplished, will secure us against a repetition of the extravagant quota, assigned to us in November last. It carries us too one step towards the formation of a scale of political arithmetic. But I am sorry to believe, that this measure was not dictated by a resolution to pursue system: without which the springs of government must be on a continual stretch, in order to combat occasional necessities, and the expedient of to day may destroy what may be essential to morrow.
Your encomium upon the senate for preserving the reputation of the country is well-founded. But I think they have been unnecessarily jealous of the incroachment attempted to be made by the house of delegates, as they suppose, on the executive. In the course of the session, the defence of our eastern frontier became a topic. Two vessels, which had been purchased from the French after the capitulation of York were destined by the executive for a mercantile expedition. They were actually equipped for the purpose. But it appeared to the house of delegates to be expedient to convert them into instruments of naval war. The senate opposed the measure, assigning as one among other reasons, that the provision in the bill of rights against the confusion of the legislative and executive powers would be defeated, if this conduct sh[ould] be tolerated. They surely were mistaken: for the distinction is, th[at] the authorities, specially delegated by the constitution to the executi[ve] cannot be exercised by the legislative; but authorities derived from the gift of the legislature, are revocable by them. Now in the present instance money was applied by the assembly to the purpose of purchasing these vessels. Why then shall they be precluded from rescinding their own acts? Who will Venture to deny this, when the responsibility of the representative to his constituent is peculiarly necessary in affairs of money; and when the forbidding of the legislature to recal a vot[e] for the disposal of money would be ruinous and unprecedente[d] in almost any government.?
You recollect, that confisc[ated] property has been subjected, as a fund for the discharge of the officers’ certificates. At the present session they have been [in] earnest for the adoption of those means, which shall give a m[ore] extensive grasp to confiscation. No man can be so unfeeling or unthankful as to deny, that their merits are great, and their sufferings deserve abundant retribution. Yet I cannot forbea[r] fearing, lest we should precipitate the U. S. into difficulties upon a negotiation, which we might possibly avoid by stoppin[g] at the point, at which we now are. But the motive is too pa[in]ful to be resisted: and I think they will be indulged.
A vote passed the committee of the whole house yesterday for removing the clog on executions. It is probable too, that it will run glibly thro’ the assembly. I, whose interest speaks so strongly in favor of the act, do really contemplate it with apprehension. Ravaged as our country has been, the little surplus over domestic want, must be drawn into the public coffers. With what are we to pay our old debts? Is the capital to be absorbed? Mr. Morris’s notes, which are receivable in taxes will banish specie pro tanto: and if executions are to be satisfied by specie alone, the poor man, who has disdained to avail himself of the tender law, must part from his freehold at 1/4 of its value to some tory, whose debt remains unextinguished because he obstinately refused paper currency. On the other hand it cannot be denied, that some of our best citizens are perhaps perishing from the want of their outstanding debts. But a general law has its eye to the body of the people, not to individuals merely: especially at a season, when they have been harrassed in property and personal service.
There may however be instances in which the suspension should be removed. Future contracts should be enforced speedily and effectually: and if an easy difference could be found in behalf of foreigners, the rights of commerce might require the removal of the suspension in their case even in past contracts. While paper-money was hastening to annihilation, it might be well to render it an object of request by Adding rapidity and sting to the law. But this stimulus is not necessary to furnish credit to the precious metals. Since the above was written, I have been informed, that executions are to be discharged in certain specifics, as well as specie. But this does not lessen the evil. For one of the objections arises from the actual inability of the country: and what very great relief is it to suffer a man to pay tobacco rather than coin, when the price of that very tobacco depends absolutely upon its relation to coin? Unless I shall change my present opinion on this subject, I will certainly counteract it in the line of my profession, as far as my duty to my clients will permit.
A bill is prepared for recruiting our line. The country is classed, and each class is to furnish a man by a given day, or 30 dollars. On failure in these respects it is proposed to subject the faulty class to a draught. Colo. Mercer thinks, that the bill will pass in its present form. But he adds, that Capt. Marshall, a young man of a rising character, will make a furious onset for the abolition of the draught.
Be so good as to communicate the public intelligence, contained herein, to Colo. Bland.
I will send you a copy of a succinct state of the claim of Virginia to Western territory, drawn by a certain violent Anti Whartonian, together with its history


Title: Benjamin Harrison to Virginia Delegates, 22 June 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Virga. In Council June 22d. 1782

The plan laid for bringing over the Stores is most unaccountably frustrated by the Assembly. Our deficiency in arms and Ammunition is so truely alarming that I feel real distress, whenever I think of our situation. If you cannot get them brought over by our good friends the French they will probably remain where they are til the end of the War and our country will fall a prey to the first invader. The Assembly have now entered on the Subject of recruiting the Army. I do not know the plan proposed but am sure with a good bounty men may be got That the French fleet has been beaten & that they have lost their Admiral & five or Six of their ships admits of no doubt. There is a man in this Town who informs us that he was a prisoner in Jamaica & saw Count de Grass with Admiral Rodney going to dine with the Governor. He also tells us that Rodneys fleet was so battered that only eighteen of them could be made fit for service for some considerable time. If this is true Jamaica may yet fall I am &c
P. S. I laid the proposals of the Polish Gentleman before the Assembly immediately, they have not yet given me their determination, tho’ I think it impossible for them to comply with the terms if they were ever so willing to accept them
B H.


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

Sir
Philada. 25th. June 1782.

Your Excellency’s favor of the 15th. came safe to hand yesterday. The loss of the mail of the preceding week is the more regretted, as we understand that a packet from N. York for England which had been intercepted and carried into N. Carolina, made a part of it.
A private letter from Mr. Adams dated the 11th. of April informs his correspondent, that Friesland[,] Holland, Zealand, Overyssell and Utrecht had decided in favour of an immediate connection with the U. States and that Guelderland & Zutphen, it was expected, would follow their example in a few days. A Leyden Gazette of a posterior date says that six provinces had then concurred. Their public concils seem to have been greatly stimulated to this decisive conduct, by the zeal of the Merchants who profess their fears that unless a treaty be speedily concluded with America, a pacification may exclude their commerce from some of the advantages which England may obtain. They observe also that the Ordinance of Congress against British Manufactures, presents a favorable crisis for introducing those of other nations, and that commercial connection with the U. States, tending to supplant the commerce of Britain will be the most likely means of disposing her to an immediate acquiescence in the American Revolution & to a general peace.
The illicit trade with N. York under the encouragement of the enemy, and the obstruction of foreign trade has increased of late so far as to threaten great injury to the public finances. The steps which have been taken by Congress on this subject will be transmitted to your Excellency by the President. It is also discovered that supplies of British goods are imported under collusive captures concerted between Vessels from N. York and Vessels fitted out on the neighbouring coasts. This part of the evil is more within the jurisdiction of Congress, and a remedy for it is now under consideration.
With great respect We have the honor to be Yr. Excelly’s obt. & hbl. servants
J. Madison Jr.Theok. Bland


Title: To James Madison from Joseph Jones, 25 June 1782
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Spring Hill 25th June 1782

Your favor of the 4th. instant and the packet of Newspapers by Mr. Webb went to Richmond and were returned to Fredericksburg where I received them the last week but no letter from you by that post. From Richmond I had written you a long letter and geting home in time for the post at Fredericksburg added a short one of some other matters that occured after my geting home. these Letters I am told last night have been intercepted near Onions works in Maryland and carryed (probably) to Sr. Guy Carleton before this and you will I expect have an opportunity of reading them in the royal Gazette soon to which I must refer you for their contents having no Copy and not well recollecting the whole. I fear there are some observations I could wish not to be public. If any such they must relate to some transactions of the Assembly or individual members but I think none of them very reprehensible though known to the parties. I was particular respecting the petition you mentioned to have been communicated to the Minister and this may induce a publication. I mentd. the continuation of the old Delegates by a vote but wch. I afterwards found to be a mistake the vote being postponed untill the Bill had passed repealing the Law that rendered yourself and J. J. ineligible—the allowance 8 dols. P day—no directions given for the settlement of the time past although the sense of the House asked by the Auditors respecting the daily allowance. Jefferson Mason Randolph Lee & Walker have been appointed to State the Title of Virga. to western territory—Com: to draw instructions for Delegates respecting western territory.
Ct. Beneouski had not reached Richmond when I left it but hear since he was there but not likely to succeed this days post will I expect communicate the result of his application.
In the intercepted Letter I transmitted you a Bill of Mr. Ross’s on whitesides in my favor for two hundred and some dollars to pay Mr. C Griffin or if he was not in immediate want a Messr. Baker & Co. wch. Mr. Solomon could inform you of. I that week recd. a line from my friend Griffin requesting a remittance of the money. I have wrote to day to Mr. Ross to renew the draft & forward it to me & it shall go forward as soon as I receive it. pray present my Compliments to Mr. Griffin and acquaint him wth. this circumstance. I have not yet concluded on my return to Philadelphia but think I shall do it at least for the fall if I can prevail upon Mrs. Jones to accompany me with Joe. she is now up in Orange on a visit to her Father. If I visit Phila: it will be about the middle or twentieth next month you will therefore be so obliging as to inquire abt. a lodging furnished, with two lodging rooms servts. room, and two entertaining rooms & the use of the Kitchen or a convenient House furnished that if I come up you may be able to engage me one upon as moderate terms as you can. as soon as I make up my mind upon the Journey you shall be informed. Mr. Lee has I expect joined you as he was to set out in a few days after my leaving him in Richmond. pray make my compliments to Col. Bland & Mr Lee if present & believe me
yr. Friend
Jos: Jones


Title: From James Madison to Arthur Lee, 25 June 1782
From: Madison, James
To: Lee, Arthur

Dear Sir
Philada. 25th. June 1782.

The bill which you lately inclosed to me was duly honored, and the contents of it are in my hands subject to any order which you may wish to give.
A private letter from Mr. Adams of the 11th. of April, informs his correspondent that Friesland Holland, Utrecht, Zealand & Overyssel had taken decided resolutions for a treaty with the U. States; and that like resolutions might be expected in a few days from the two remaining provinces. A Leyden paper of posterior date, says that six provinces had concurred in this measure. This revolution ap[pear]s t[o have]  been exceedingly stimulated by the  [int]erest which apprehended that if th[e]  was lost, they might be excluded  tion from some of the commercial privileges which England may obtain. It is observed in a long memorial from the Merchants to the States General that, the importance of the American trade was experienced by them very sensibly prior to the loss of St. Eustatius, as it has been throughout the war by France; that the Ordinance of Congress agst. British Manufactures presents a precious season for substituting those of other nations, & that this season ought the rather to be improved as nothing will be so likely to open the ears of G. B. to the demands of the U. S. & to a general peace, as the prospect of being supplanted in the commercial preference, which she still expects from the habits of America.
The trafic with the Enemy’s lines, had increased to so great a degree that it was thought necessary for Congress to renew their exhortations to the States upon this subject, and to summ  of the people in aid of the public  Resolutions will be laid before you  tive character. We also understand  cious intercourse with the Enemy is carryed on under collusive captures preconcerted between Vessels from N.Y. & vessels fitted out on the neighbouring coasts This abuse lies more within the purview of Congress and a remedy for it is now under consideration. If the trade with N.Y. cannot be suppressed by some means or other it will very shortly steal from us all our hard money, and render our taxations abortive.
I am Dr. Sir with much respect Yr obt friend & servt.
J Madison Jr.


Title: From James Madison to Edmund Randolph, 25 June 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
Philada. 25th. of June 1782

Your favor of the 15th. being more fortunate than the preceding one came safe to hand yesterday. The loss of the mail is the more provoking as it is said to have contained a packet from N.Y. which had been intercepted on its passage to England & carried into N. Carolina.
The illicit trade with the British lines has been pushed so far under the encouragement of the enemy as to threaten a deep wound to our Finances. Congress have renewed their exhortation to the States on this subject and recommended to the people, through them, a patriotic cooperation with the public measures. This trade we have also discovered is carried on with considerable effect, under collusive captures. This branch of the iniquity falls properly within the purview of Congress and an ordinance for its excision is in the hands of a Committee.
A private letter from Mr. Adams of the 11th. of April informs his correspondent that 5 of the 7 provinces had decided in favor of a Treaty with the U. S. and that the concurrence of the remaining 2 might be expected in a few days. A Leyden paper of a subsequent date, reduces the exception to a single Province. It would seem from a Memorial from the Merchants to the States General, that this revolution had been greatly stimulated by an apprehension that a sudden pacification might exclude their commerce from some of the advantages which England may obtain.
The Memorial appeals to the effect of the American trade on the resources of France, & to the short & indirect experience of it which Holland enjoyed before the loss of St. Eustation, as proof of its immense consequence. It observes also that the Ordinance of Congress agst. British Manufactures presented a precious crisis for introducing those of other nations; which ought to be the rather embraced, as nothing would be so likely to dispose Britain to the Independence of America & a general peace, as the prospect of her being supplanted in the commercial preference expected from the habits of her lost Provinces.
The present conjecture with regard to the fleet mentioned in my late letters, is, that it conveyed a parcel of miserable refugees who are destined to exchange the fancied confiscations of their rebellious Countrymen, for a cold and barren settlement in Nova Scotia or Penobscot.
A Foreign paper has reinstated Hyder Ally in his superiority over Sr. Eyre Coote. Major General Monk is numbered among the slain in the battle which produced this reverse of fortune to the British arms.
I hear nothing from Mr. Jones. Tell him if he is at Richmond that this is the reason why he does not hear directly from me. Instead of the paper of this morning which is uncommonly barren, I send you one of wednesday last which contains a very curious remonstrance from the disconsolate Loyalists.


Title: Report on Maritime Prizes, [26 June–10 July] 1782
From: Wharton, Samuel,Madison, James
To:

Editorial Note
Congress appointed the above committee on 21 June, after listening to a letter to President Hanson written the day before by Robert Morris, agent of marine (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 344, n. 2; NA: PCC, No. 137, I, 559–66). Morris pointed out that although the U. S. frigate “Deane,” commanded by Samuel Nicholson, had captured during April and May 1782 a total of five British naval vessels, privateers, and merchantmen, the money accruing to the treasury from these prizes would equal only about one-half of what it had cost the United States to make this successful cruise possible by outfitting the frigate and paying the wages of her officers and crew. On the other hand, the same ordinances of Congress which restricted the United States to so small a return from these captures assured to the complement of the frigate a handsome bonus in prize money and bounties (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., III, 386–87; IV, 36–37; VI, 954; XIX, 314–16; XXI, 1153–58; XXII, 10–11).
In Morris’ view, the intent of Congress in providing these generous rewards had been to encourage American sailors to attack and conquer the enemy’s armed vessels “of equal or superior force.” The prizes of the “Deane,” on the contrary, were “taken with no other trouble than what attended the chase, nor any other risque than the firing of one or two of the frigates guns, as a signal for the prizes to haul down their colours.” For this reason and to make “the expense of supporting the marine” less burdensome, Morris suggested that hereafter the United States keep one-half of the prize money, except in instances of unusual heroism when Congress should decide to give officers and crew a special award in the form of a larger percentage of the net return from a captured ship.
JM’s membership on the Board of Admiralty between 22 March and 6 June 1780 and his subsequent interest in maritime affairs probably account for his appointment to the present committee (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (4 vols. to date; Chicago, 1962——)., II, 4, and n. 2; III, 25, n. 27; 217, editorial note; 218–19, and nn.; 236, editorial note). In August and September 1781, when suggesting changes to the proposed congressional ordinance on captures at sea, JM evidently had not foreseen the inequities that were now being pointed out by Morris (ibid., III, 237–41, and nn.).

[26 June–10 July 1782]

An Ordinance for the better distribution of prizes in certain cases.
Be it ordained by the United States in Congress Assembled that so much of the Ordinance entitled “An Ordinance ascertaining what captures on water shall be lawful,” as ordains that upon the capture of a vessel commissioned as a man of war or a privateer, by any of the Vessels of war of the United States of America, the whole of the property condemned shall be adjudged to the Captors, be and the same is hereby repealed; and that in all such cases of capture;
And Be it further ordained by the authority aforesaid that the Resolution of the 15th. of Nov. 1776 giving to the Commanders, officers & men of ships or Vessels of war, a bounty for every cannon, and for every man belonging to British Ships or vessels of war, captured by them, be & the same is hereby repealed.
Done by the U. S. in Congress Assembled &c


Title: To James Madison from Edmund Randolph, 27–29 June 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Virginia June 27. 1782.

The capture of the mail, announced in your favor of the 18th. instant, cannot thro’ my means avail the enemy, nor give pain to either of us. It is impossible indeed to recollect the contents of my letter, as it was leng[thy] but I believe, that the cypher was scarcely necessary for the evelopment of any of them. But The accident is an irrefragable reason against parsimony in using it in our future confidential intercourse.
I wrote to Colo. Bland and yourself fully by the last post, gleaning for your information every scrap of legislative intelligence. Since that date Mr. Henry and Mr. R. H. Lee have left the assembly: the members of which seem resolved to adjourn the day after tomorrow. In order to accomplish this, they have discharged the standing committees from the business, referred to them, meet at nine o’clock, and confine themselves to Matters of real weight.
A bill has passed the house of delegates for the appropriation of the public revenue. No particular sum is allotted for the treasury of the U. S. But the balance, after certain objects shall be satisfied, is destined for Phila. I shall endeavour to obtain a more accurate knowledge of the probable amount of this balance; and will therefore only remind you at present of two data for calculation, which I mentioned to you in a former letter, the division of the payment into two instalments, and the commutability of the taxes for tobacco at 25s/pr. ct. wt. Rappahannock tobacco does not now exceed 16/. nor James river 20/.
The assembly seem disposed to indulge the inhabitants of Kentucky with a separate court. I think the measure is wise; as it may retard the separation, at least until a fitter day. It is enormous to bring criminals from the distance of 400 miles for trial, and to oblige the poor settlers to travel hither for the adjustment of their disputes, at the expence perhaps of an half of their little capital.
June 29.
The legislature will not rise before tuesday.
The recruiting bill will pass the delegates today. The men are to be demanded from each county according to the number of militia, and the property of each division in a county is to [be] assessed for raising a bounty. With this bounty, which is not yet decided, indeed with less, if it be possible, a man is to be raised by voluntary inlistment. But a draught is to be adopted with respect to the divisions, which [s]hall fail to raise a man or the bounty.
The mode of settling our past accounts has been changed; I am to[ld] much to the advantage of you, whose frugality brought your disbur[se]ments within so small a compass. We are allowed a ½ Johs. by the day. The new provision for future support is the same.


Title: To James Madison from Edmund Randolph, 29 June 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Virga. June 29. 1782

[After?] writing to you this morning, I find, that the paper of the  h[as] se[t fo]rth to the public a report respecting Wmsburg., & the governor’s letter, therein published, mentions your name. [This?] reminds me, that I heard it supposed some time ago, [tha]t you had written to some correspondent here a circulating rumour of the disaffection of that city; and that I read to Major Jos. Southall the paragraph in your favor of the 28th. Ulto: which was absolutely satisfactory, I believe, to him. My intercepted letter was intended to  [y]ou  that there was not any thing like disaff[ection?]  and I am sure, that Wmsburg. has  staunch for the suspicion.


Title: To James Madison from Joseph Jones, 1 July 1782
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Fredericksburg 1st. July 1782

I have no Letter from you by this Post. expecting to receive from Mr. Ross a duplicate of the Bill which fell into the hands of the Robbers and forward it to you this week I came to Town to day but have no letter from him. Col. Monroe writes me he promised to send it. my friend Griffin will therefore be obliged to wait longer than I intended and hoped he would. Mr Ross was also to have sent me a further draft on Philaa. for my present supply if I went forward wch. it was my intention to do abot. the middle of this month or the 20th. at furthest.
Be kind enough to have the enclosed advertisement inserted twice or thrice in the Packet and inform Mr. Solomon of it that in case Cyrus is apprehended he may receive him and have him confined untill I come up or give directions abot. him. he was seen in the City since my departure.
I must refer you to our friend Randolph for the News of Richmond who is on the Spot and can give it you truly. We have a report here that a large fleet had passed the Capes Steering Eastward and it is said to be fren[ch,] but the story is so vague I regard it not. Mr. He[nry] and Col. Lee have left the Assembly wch. is still sitting. something has been done for recruiting t[he] Army but what I cannot certainly inform you. it is expected it will bring men into the field. we heard great complaints before I left Phila: of the scarsity of mony in this State, they were well founded and increase every day. If there is not a real scarsity those who possess the money lock it up which produces all the inconveniences of a scarsity. should I pay you a visit I shall find it difficult to procure cash sufficient for my expences.
Yr. friend & Servt
Jos: Jones.


Title: To James Madison from Edmund Pendleton, 1 July 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virginia July 1st 1782

I am sorry to find by yr favr of the 18th past that the Southern Mail had been made prize of, & probably carried to New York. I don’t remember the contents of my letter, but dare say it can produce no Injury Public or personal, unless it be such to myself to be detected, by those not so Indulgent as my friend, in being a dul[l] unmeaning Correspondent. If it had contained Asperity of expression towards them, I had been the more pleased with it[;] however such as it is let them make the most of it.
Nothing amazes me so much as that we should be so long without a certain official Account of the Engagement in the West Indies, about which people here continue divided in Opinion, and the event is the frequent subject of Wagers; we are told that Mr Harrison, yr Commercial Agent in that quarter, is lately arrived, and no doubt brings some Account which may be depended on. They tell us a strange story from Baltimore that after the junction of the French & Spanish Fleets at Hispaniola, they again seperated & were gone no one could say wither.
I can’t say whether our Assembly have adjourned, no[r] what they have done? They were to have ended their Session on Saturday, but did not I believe. I fancy they have pass’d a law for raising our men, most other important Bills I am told are put off ’till next Session. We have had [a] long drought, yet our Corn has suffered less than we expected. I am
Dr Sr Yr affe friend
Edmd Pendleton


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

Sir
Philada. 2d July 1782.

We had the honor of receiving your Excellency’s favor of the 22. Ultimo by yesterday’s mail.
All the late intelligence from Europe which has not been already communicated, is contained in the gazettes herewith enclosed. From the west Indies we have received no certain advices of late date, nor even yet any official advice of the event of the 12th. of April. At New York the Enemy, we are told, are industrious in disciplining their army, and substituting oeconomical arrangements in place of the expensive abuses which have prevailed there.
We have the honor to be with the highest esteem & respect Yr. Excelly’s obedient & humble Servants
J Madison Jr.Theok: Bland Jr.A. Lee


Title: Motion on Commissaries of Prisoners of War, [3 July] 1782
From: Madison, James
To:

[3 July 1782]

That the Secretary at War be authorized to appoint proper persons to take charge of the prisoners of war at the said places until the said Commissaries shall be discharged from their arrests, or Congress shall otherwise direct


Title: Report Revising John Adams’ Instructions, [5 July] 1782
From: Madison, James
To:

[5 July 1782]

The Comittee appointed to revise the instructions of Mr Adams &c, recommend.
That the Minister Plenipo: at the Hague be instructed, in case no definitive steps shall have been taken by him in the proposed Treaty of amity and commerce with the U. Provinces, to engage them if possible, in an express stipulation to furnish an[n]ually to the U. States, a loan of , with an interest not exceeding  , the principal not to be demanded within  years after the conclusion of the war, and the payment of the interest to be suspended during the war; or in case the U. Provinces shall refuse to stipulate such a loan, that the said Minister endeavor to obtain their engagement, to authorise & countenance a loan from their subjects & to guaranty if requisite the due payment of the interest & repayment of the principal by the U. States.
That in case Definitive steps shall have been taken in the proposed Treaty, the said Minister Plenipo: be instructed still to represent to the U. Provinces the great advantages which would result as well to them as to the U. States from such pecuniary succours to the latter as would give stability to their finances, and energy to their measures against the common Enemy: and to use his utmost address to prevail on them either to grant directly the loan abovementioned, or to support by such responsibility as may be necessary the applications made to individuals for that purpose, on the part of the U. States.
The Committee beg leave to observe that in the Treaty between the U. S. & M. C. Majesty, it is among other things stipulated that the subjects of the parties “may by testament, donation, or otherwise dispose of their goods immoveable as well as moveable, in favor of such persons, as to them shall seem good, and the heirs of the respective subjects, wheresoever residing, may succeed them ab intestat[o] without being obliged to obtain letters of naturalization”:
That the plan of the proposed Treaty between the U. S. & the U. P. with which the Minister Plenipo: of the former is furnished, extends this privilege to the subjects of the latter, under a general stipulation of the same privileges as are allowed to the most favor’d nation:
That as it is not probable that the U. P. have granted, or will grant this privilege even to the most favored nation, the said treaty if executed in its present form, will engage the U. S. in a concession which will not be reciprocal: and which if reciprocal, would not be equally beneficial to the parties.
That in the opinion of the Committee it is at least questionable whether the extension of this privilege to the subjects of other powers than of France, and Spain will not encroach on the rights reserved by the federal articles to the individual States:
That without enquiring into the inconveniences which may result from an indefinite permission to aliens to hold & transmit real estates within this Country the apparent reluctance of some of the States, notwith[standing] the special clause in the federal articles with respect to France & their favorable disposition towards her, to pass the proper laws on this subject, renders their compliance in case of a similar engagement to another power, extremely precarious:
That in order to avoid these difficulties & consequences, the Committee recommend further:
That the sd. Minister Plenipo: be instructed in case no steps [inco]nsistent therewith, shall have been taken, to decline stipulating to the subjects of the U. Provinces any right or privilege of holding any real estates within the U. States.