Title: Virginia Delegates to Benjamin Harrison, 3 December 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philada. Decr. 3d. 1782.
From a consultation with the Secy at War we concluded that it would be fruitless, and therefore unadvisable to solicit either a repayment or sale of powder from the Magazines of the U. States. We were informed by him however that there are in the magazine within Virginia three hundred thirty six barrels of loose powder and seventy of fixed ammunition: that additional supplies will be forwarded as prudence may suggest; that this resource will on all emergencies be open to the State, and to ensure it the more satisfactorily that orders will be given to the Keepers in cases of invasion particularly, to comply with requisitions from the Executive. The Secy. added a request to be informed through us of the productiveness of the Lead Mines in their present State, with an intimation that powder may perhaps be obtained from the general Stock by barter for any surplus of that article. We have judged it prudent to suspend making a purchase here from individuals, untill the Executive can decide how far the expediency of such a measure may be superceded by the foregoing information; supposing it to be neither for the interest of Virginia nor of the U. States, that the resources should be superfluously expended in Stores, and that it is particularly against the interest of the former to take upon herself a burden which ought & probably will be borne by the latter. Should the Executive view the subject differently We shall readily conform to their original plan.
That we might not unnecessarily repeat our solicitations to the Chevr. de la Luzerne with respect to the transportation of the arms & ammunition from France, We thought it best to confer in the first instance with Mr. Morris on the chance of effecting it under his auspices. We found that a previous application from your Excellency had led his thoughts to the same subject. It is uncertain as yet how far this channel is to be relied on. By the next post we hope to be able to give you more satisfactory information.
Your Excellency’s favor of the 23d. Ulto. has come duly to hand. An omission of the paper referred to as inclosed renders the first paragraph unintelligible, and consequently an answer to it must be postponed untill the omission shall be supplied. Our last will have given you information from the War office relative to cloathing for the troops. Our attention to that essential point will not however be discontinued. The letters of Marque shall be duly forwarded.
With sentiments of great esteem We have the honor to be Yr. Excellency’s Mo: obt. & hble servants
Jos: Jones.J Madison Jr.

P. S. The inclosed note just recd. from Genl. Lincoln who undertook to procure for us the state & price of powder in private hands in this City, will complete our answer to your Excellency on that subject


Title: From James Madison to Edmund Randolph, 3 December 1782
From: Madison, James
To: Randolph, Edmund

My dear friend
Philada. Decr. 3d. 1782.
Applications from the States of N. Hamshire & Massachusetts concerning the old paper of which they hold a surplus have called the attention of Congress once more to that subject. The Superintendant on a Reference to him reported in rigid adherence to his maxims of public faith that credit should be given for all surpluses at the rate of one for forty This proposition was readily negatived by Congress Whereupon a motion was made by Mr. Osgood that the states should be credit[ed] according to the current value at the time of redemption which with one of the letters from Massachusetts was refered to a grand committee The commi&c. are unanimous that the burden of redeeming the old paper as well as all other public burdens ought to be equitably apportioned on the States. On the mode and the rate a diversity of ideas prevail One expedient suggested was to call anew on the states to sink the money and leave them to level its inequalities by negociations among themselves This met with very little countenance. Another was to declare that as soon as the entire sum should be taken up by the states from their respective citizens Congress would proceed to charge the several surpluses on the deficient states at such rate as equity might prescribe The objections against this were that it gave no immediate satisfaction to the complaining states and would prolong the internal embarrassments of the states which obstructed the requisitions of Congress Lastly it was proposed to authorise the Commissrs. who are to traverse [the] country for another purpose to take up the unredeemed bills and form them into a part of the common debt by issuing to the individuals specie certificates at the rate of ; and to apply the like rule to an adjustment of disproportionate redemptions of the states This expedient was upon the whole least disrelished by the committee and is now under their consideration. Its reasonableness, and its fate both will depend much on the scale by which as well the redeem[ed] as the outstanding bills is to be valued In all questions relative to this subject, the defect of information under which we lie makes it difficult for us to deduce the general interest from a just & fair comparison of particular interests. To supply in some degree this defect with regard to Virginia I shall enclose to Mr. Ambler for his answers, a number of queries, of which I herein add a copy for you. Some of the queries indeed have a greater reference to other subjects. If you can assist Mr. A. or can enlarge the plan by other queries I beg you to do it. If the sense of the leading members of the assembly can be conveniently gathered it might also be of use A public consultation would violate the secresy which is judged necessary to prevent a revival of Speculation and which led me to the use of the cypher on this occasion.
The Secy. of F. Affairs communicated to me a few days ago his determination speedily to resign his office He asked me in the course of conversation whether I thought Mr. Jefferson would prefer the vacancy to his foreign appointment I answered him in the negative. He then asked whether I supposed he would accept the commission of Jay at Madrid in case the latter should prefer the secretariship of foreign affairs and be appointed to it. I told him I could not answer that question but doubted much whether Congress would consent to part with the services of Mr. Jay as a negociator of peace I wish you to mention this conversation to  and acquaint me with the result. The want of a Cypher with him will be an apology for omitting a direct communication. Through your hands also it may be accompanied with explanations if requisite. I leave it to your self to decide how far it may be worth while to feel the pulse of our friend Mclurg with respect to the vacancy in question
Mr. M—s apprized me two evenings ago that a French frigate will sail from this port in about three weeks and that it is probable Ct. R——u and the Chevr. Chatt——x will take their passage in her than in the frigate in the Chesapeak If the river should not be threatened with ice the time of her sailing may possibly be procrastinated Should this obstruction not take place before the middle of January there will be some chance of another frigate at this port These circumstances may be very interesting to Mr. Jefferson and I beg you to give him the earliest notice of them. If I could suppose that these and other considerations could leave any uncertainty, as to his coming hither in the first instance, I would press that point anew, being more & more convinced of its utility, not to say necessity, and finding that it is generally viewed in the same light.
The merits of the Controversy are like to be brought under trial of the Court at Trenton, the Agents for Connecticut having been foiled in every plea for an adjournment. But I do not hear that any progress is made from which the issue can be presumed.
The Legislature of this State has just published for consideration a bill subjecting to the penalties of Treason all attempts for erecting an independent State within its charter-Limits. This circumstance with some votes which have been lately taken in Congress with reference to Vermont leave no doubt that the policy of Penna. will in future be reversed.
Your favor of the 22d. Ulto. with the cypher enclosed came by yesterday’s post; but very unluckily without having ever been sealed. This omission lessens much my confidence in the Cypher; altho. it seems scarcely possible for any advantage to have been taken unless the letter lay longer out of your hands before the mail was closed, than the interval between its arrival here, and its coming into my hands; to say nothing of the honor of the post offices. I enquired of Mr. Hazard, without mentioning the fact, how far the regulations of the mail admitted of such frauds. His answer altho’ not absolutely conclusive favors the purity of the Cypher; & I shall venture to make use of it unless you recommend the contrary, or untill you transmit a new one.
The paragraph which touches the subject of your return does not altogether please me. I disrelish exceedingly any idea of your resignation. I can not perceive the necessity of such a step in any view, and I see a manifest inexpediency in putting it out of your power throughout the present critical year to lend your aid in any emergency whatever. I hope you will soon relieve my anxiety on this subject.
On the article of news I must again deal entirely in negatives; no arrivals from Europe or the W. Indies affording any positive matter, and the domestic sources being equally deficient. There is indeed a report that the Octr. packet has arrived at N. Y. and a rumor that it authenticates the fall of Gibralter.


Title: Report on John Paul Jones’s Request, [4 December] 1782
From: Madison, James,Hamilton, Alexander
To:

[4 December 1782]
The Committee to whom were referred a letter of day from the Agt. of Marine inclosing a letter of day to him from Capt. J. P. Jones, in which the latter requests permission of Congress to serve the ensuing campaign with his Excelly. the Marquis de Vaudrille, report the followg Resolution

That the Agt. of Marine be informed that Congress having a high sense of the merit and services of Capt. Jones & being disposed to favor the zeal manifested by him to acquire improvement in the line of his profession, do grant the permission which he requests, & that the sd. agent be instructed to recommend him accordingly to the Countenance of his Excelly. the Marquis de Vaudreille.


Title: Notes on Debates, 4 December 1782
From: Madison, James
To:

Wednesday Decr. 4.
After the passing of the Resolution concerning Cap: P. Jones a motion was made by Mr. Madison to reconsider the same, that it might be referred to the Agent of Marine to take order, as a better mode of answering the same purpose; since it did not become the sovereign body to give public Sanction to a recommendation of Capt: Jones to the Commander of the French Squadron, especially as there was no written evidence that the latter had signified a disposition to concur in the project of Capt: Jones: The motion was lost; a few States only being in favor of it.
The reason assigned by those who voted against the promotion of Cols: to Brigadrs. according to districts was that such a division of the U. S. tends to foster local ideas, and might lead to a dismemberment.
The Delegates from Penna. reminded Congress that no answer had been given to the Memorials (see Novr. 20) from that State[,] that the Legislature were proceeding in the measure intimated in the said Memorials and that they meant to finish it & adjourn this evening. The reasons mentioned by the Delegates as prevailing with the Legislature were 1st. the delay of Congress to give an answer which was deemed disrespectful[.] 2d. the little: chance of any funds being provided by Congress for their internal debts. 3dly. the assurance [given by one of their members [Mr. Jos: Montgomery mentioned privately not on the floor.] that no impediment to the support of the war cd. arise from it, since Congress had provided means for that purpose in Europe.
A Committee consisting of Mr. Rutlidge Mr. Madison & Mr. Hamilton was appointed to confer immediately with a Committee from the Legislature on the subject of the Memorials, & were instructed to make such communications relative to our affairs abroad as would correct misinformations. The Committee which met them on the part of the Legislature were Mr. Jos: Montgomery, Mr. Hill & Mr. Jacob Rush.
The Committee of Congress in the conference observed that the delay of an answer had proceeded in part from the nature of so large an assembly of which the Committee of the Legislature cd. not be insensible, but principally from the difficulty of giving a satisfactory one untill Rhode Island sd. accede to the Impost of 5 PerCt. of which they had been in constant expectation; That with respect to the prospect from Congress for the public Creditors Congress had required of the States interest for the ensuing year, had accepted the territorial cession of N. Y. and meant still to pursue the scheme of the impost; that as to their affairs in Europe the loan of 6 Million of livres only last year had been procured from France by Dr. Franklyn in place of 12 asked by him, the whole of which had been applied; that the loan of 5,000,000 Guelders opened by Mr. Adams had advanced to abt. 1½ Million only and there seemed little progress to have been made of late; that the application for 4 Million as part of the estimate for the ensuing year was not founded on any previous information in its favor but against every intimation on the subject, & was dictated entirely by our necessities; so that if even no part of the requisitions from the States sd. be denied, or diverted, the support of the war, the primary object, might be but deficiently provided for. That if this example which violated the right of appropriation delegated to Congress by the federal Articles, should be set by Pa. it would be both followed by other States & extended to other instances; that in consequence our system of administration, and even our bond of Union wd. be dissolved; that the enemy would take courage from such a prospect and the war be prolonged if not the object of it endangered; that our national credit would fail with other powers, & the loans from abroad which had been our cheif resource fail with it. That an assumption [by individual States] of the prerogative of paying to their own Citizens the debts of the U. S. out of the money required by the latter was not only a breach of the federal system but of the faith pledged to the public Creditors; since payment was mutually guaranteed to each & all of the Creditors by each & all of the States; and that lastly it was unjust with respect to the States themselves on whom the burden would fall not in proportion to their respective abilities, but to the debts due to their respective Citizens; and that at least it deserved the consideration of Pa. whether she would not be loser by such an arrangement.
On the side of the other Comittee it was answered that the measure cd. not violate the confederation because the requisition had not been founded on a valuation of land; that it would not be the first example, N. H. & N. Y. havg. appropriated mony raised under requisitions of Congress; that if the other States did their duty in complying with the demands of Congress no inconveniency would arise from it, that the discontents of the Creditors wd. prevent the payment of taxes; Mr. Hill finally asking whether it had been considered in Congress how far delinquent States cd. be eventually coerced to do justice to those who performed their part? To all which it was replied that a valuation of land had been manifestly impossible during the war, that the apportionments made had been acquiesced in by Pa. and therefore the appropriation could not be objected to:– that altho other States might have set previous examples, these had never come before Congress. & it wd be more honorable for Pa. to counteract than abet them especially as the example from her weight in the Union & the residence of Congress wd. be so powerful that if other States did their duty the measure wd. be superfluous; that the discontents of the Creditors might always be answered by the equal justice & more pressing necessity which pleaded in favor of the army, who had lent their blood & services to their Country, and on whom its defence still rested: that Congress unwilling to presume a refusal in any of the States to do justice cd. not anticipate it by a consideration of the steps wch. such refusal might require, & that ruin must ensue if the States suffered their policy to be swayed by such distrusts. The Committee appeared to be considerably impressed with these remarks, & the Legislature suspended their plan.


Title: Motion in re Coercing Vermont, [5 December] 1782
From: Madison, James
To:

[5 December 1782]
A motion was made by Mr. [James] Madison, seconded by Mr. [Thomas] McKean, that the question for striking out the clause be postponed until a question is taken on a motion for amending a previous part of the motion, by striking out the words “and dangerous to the confederacy, require the immediate and decided interposition of Congress,” and in lieu thereof inserting “interposed in pursuance of the act passed on the  day of  by the State of New Hampshire, and the act passed on the  day of  by the State of New York, two of the states claiming the same, and for the purpose of preserving the peace and interests of the confederacy, require immediate and effectual measures:”


Title: Notes on Debates, 5 December 1782
From: Madison, James
To:

Thursday Decr. 5th. 1782
Mr. Lowel & Mr. Reed were elected Judges of the Court of Appeals. Mr. P. Smith of N. Jersey had the vote of that State; and Mr. Merchant of Rhode Island the vote of that State.
The Resolutions respecting Vermont moved by Mr. McKean on the  day of  were taken into Consideration. They were seconded by Mr. Hamilton, as entered on the Journal of this day Previous to the question on the coercive clause, Mr. Madison observed that as the preceding clause was involved in it, & the foederal articles did not delegate to Congress the authority about to be enforced, it would be proper in the first place to amend the recital in the preceding clause, by inserting the ground on which the Authority of Congress had been interposed. Some who voted against this motion in this stage having done so from a doubt as to the point of order, it was revived in a subsequent stage when that objection did not lie. The objections to the motion itself were urged chiefly by the Delegates from Rhode Island, and with a view in this, as in all other instances, to perplex & protract the business. The objections were 1st. that the proposed insertion was not warranted by the Act of N. Hampshire which submitted to the judgment of Congress, merely the question of jurisdiction. 2dly. That the Resolutions of Aug: 1781, concerning Vermont, havg. been acceded to by Vermont, annulled all antecedent acts founded on the doubtfulness of its claim to independence. In answer To the 1st objn: the Act of N.H. was read wch. in the utmost latitude adopted the Resolun. of Congress which extended expressly to the preservation of peace & order & prevention of acts of confiscation by one party agst. another. To the 2d. objn: it was answered 1st. that the sd. Resons. of Aug: being conditional not absolute, the accession of Vermont cd. not render them definitive; but 2dly. that prior to this accession, Vermont havg. in due form. rejected the Resol:ns. and notified the rejection to Congress, the accession cd. be of no avail unless subsequently admitted by Congress. 3dly. that this doctrine had been maintained by Vermont itself wch. had declared that inasmuch as the Resolns: of Aug: did not correspond wth. their overtures previously made to Congress these ceased to be obligatory; wch. act it was to be observed was merely declaratory, not creative, of the annulment.
The original motion of Mr. McKean & Mr. Hamilton was agreed to, seven States voting for it: R.I. & N.J. in the negative. see Journal if right.


Title: Notes on Debates, 6 December 1782
From: Madison, James
To:

Friday 6 Decr.
An ordinance extending the privilege of Franking letters to the Heads of all the Departments was reported & taken up. Various ideas were thrown out on the subject at large; some contending for the extension proposed, some for a partial adoption of it. some for a total abolition of the privilege as well in members of Congress as in others; some for a limitation of the privilege to a definite number or weight of letters. Those who contended for a total abolition, represented the privilege as productive of abuses, of reducing the profits so low as to prevent the extension of the establishment throughout the U.S. and as throwing the whole burden of the establishment on the mercantile intercourse. On the other side it was contended that in case of an abolition the Delegates, or their Constituents, would be taxed just in proportion to their distance from the seat of Congress; which was neither just nor politic, considering the many other disadvantages which were inseparable from that distance; that as the correspondence of the Delegates was the principal channel through which a general knowledge of public affairs, was diffused, any abridgment of it would so far confine this advantage to the States within the neighbourhood of Congress: & that as the correspondence at present however voluminous did not exclude from the mail any private letters which wd. be subject to postage, and if postage was extended to the letters now franked the no. & size of them would be essentially reduced, the revenue was not affected in the manner represented. The Ordinance was disagreed to & the subject recommitted wth. an instruction to the Committee giving them ample latitude for such Report as they should think fit.
A Boston Newspaper containing under the Providence Head an extract of a letter purporting to be written by a gentleman in Philada. and misrepresenting the state of our loans, as well as betraying the secret proposal of the Sweedish Court to enter into a Treaty with the U.S.; with the view of disproving to the people of R. Island the necessity of the Impost of 5 PCt.; had been handed about for several days. From the style and other circumstances, it carried strongly the appearance of being written by a Member of Congress. The unanimous suspicions were fixed on Mr. Howel. The mischevous tendency of such publications & the necessity of the interposition of Congress were also general subjects of conversation. It was imagined too that a detection of the person suspected would destroy in his state that influence which he exerted in misleading its counsels with respect to the Impost. These circumstances led Mr. Williamson to move the proposition on this subject. insert it See Journal It was opposed by no one. Mr. Clarke supposing it to be levelled in part at him, rose & informed Congress, that not considering the article relative to Sweeden as secret in its nature, and considering himself at liberty to make any communications to his Constituents, he had disclosed it to the Assembly of N. Jersey. He was told that the motion was not aimed at him, but the doctrine advanced by him was utterly inadmissible. Mr. Rutlidge observed that after this frankness on the part of Mr. Clarke as well as from the respect due from every member to Congress & to himself, it might be concluded that if no member present should own the letter in question, no member present was the author of it. Mr. Howell was visibly perturbated, but remained silent.
The Conference with the Committee of the Legislature of Penna. with subsequent information had rendered it very evident that unless some effectual measures were taken against separate appropriations & in favor of the public Creditors, the Legislature of that State, at its next meeting, would resume the plan which they had suspended. Mr Rutlidge in pursuance of this conviction moved that the Superintendt of Finance be instructed to represent to the several States the mischeifs which such appropriations would produce. It was observed with respect to this motion that however proper it might be as one expedient, it was of itself inadequate; that nothing but a permanent fund for discharging the debts of the public would divert the States from making provision for their own Citizens; that a renewal of the call on R. Island for the impost ought to accompany the motion; that such a combination of these plans would mutually give efficacy to them, since R. Island would be solicitous to prevent separate appropriations & the other States would be soothed with the hope of the Impost. These observations gave rise to the Motion of Mr. Hamilton, which stands on the Journal. enter it Agst. Mr. Rutlidge’s part of the motion no objection was made. But The sending a deputation to Rhode Island was a subject of considerable debate, in which the necessity of the impost, in order to prevent separate appropriations by the States, to do equal justice to the public creditors, to maintain our national character & credit abroad, to obtain the loans essential for supplying the deficiencies of revenue, to prevent the encouragement which a failure of the scheme would give the Enemy to persevere in the war, was, fully set forth. The objections, except those wch. came agst. the scheme itself from the Delegates of R. Island, were drawn from the unseasonableness of the proposition. Congress ought it was said to wait for an official answer to their demand of an explicit answer from R.I. before they could with propriety repeat their exhortations. To which it was replied that altho’ this objection might have some weight, yet the urgency of our situation, and the chance of giving a favorable turn to the negociations on foot for peace, rendered it of little comparitive signification. The objections were finally retracted, and both the propositions agreed to. The Deputation elected were Mr. Osgood, Mr. Mifflin & Mr. Nash taken from different parts of the U.S. & each from States which had fully adopted the Impost, and would be represented in Congress wthout them; except Mr. Osgood whose State, he being alone, was not represented without him.


Title: Notes on Debates, 7 December 1782
From: Madison, James
To:

Saturday Decr. 7.
No Congress
The Grand Committee met again on the business of the old paper emissions, and agreed to the plan reported by the subcommittee in pursuance of Mr. Fitzimmon’s motion, vz. that the outstanding bills should be taken up & certificates issued in place thereof at the rate of 1 real Dollar for  nominal ds. and that the surpluses redeemed by particular states shod. be credited to them at the same rate. Mr. Carroll alone dissented to the plan, alledging that a law of Maryland was adverse to it which he considered as equipollent to an instruction. For filling up the blank several rates were proposed 1st. 1 for 40 on which all the votes were no except Mr. Howell 2d. 1 for 75 no. Mr. White & Mr. Howel ay. 3d. 1 for 100. no[.] Mr. Hamilton & Mr. Fitzimmons ay. 4th. 1 for 150. no. Mr. Fitzs. & H. ay. The reasons urged in favor of 1 for 40. were first an adherence to public faith, secondly that the depreciation of the certificates would reduce the rate sufficiently low, they being now negociated at the rate of three or four for one. The reason for 1 for 75 was that the bills passed at that rate when they were called in, in the Eastern States: for 1 for 100, that as popular ideas were opposed to the stipulated rate, and as adopting the current rate might hurt the credit of other securities which derived their value from an opinion that they would be strictly redeemed, it was best to take an arbitrary rate, leaning to the side of liberality.—for 1 for 150 that this was the medium depreciation when the circulation ceased. The opposition to these several rates came from the Southern Delegates, in some of whose States none, in others but little, had been redeemed, & in all of which the depreciation had been much greater. On this side it was observed by Mr. Madison that the States which had redeemed a surplus, or even their quotas, had not done it within the period fixed by Congress but in the last stages of depreciation, & in a great degree, even after the money had ceased to circulate; that since the supposed Cessation the money had generally changed hands at a value far below any rate that had been named; and that the principle established by the plan of the 18th. of March 1780, with respect to the money in question was, that the Holder of it sd. receive the value at which it was current & at which it was presumed he had received it; that a different rule adopted with regard to the same money in different stages of its downfal wd. give general dissatisfaction. The Committee adjourned without coming to any decision


Title: To James Madison from Edmund Pendleton, 9 December 1782
From: Pendleton, Edmund
To: Madison, James

My Dear Sir,
Virga Decem 9th 1782
I am now to thank you for yr favr of the 19th past. I formerly acknowledged the receipt of the gold lace, expressed my concern for yr having by reason of the counterfeit Bill, been drawn into an advance on that Occasion, and my resolution to have the money ready to send by Mr Randolph, or the first safe hand.
In my last to Mr Jones I sent him the state of the Case of the Prisoners which made such noise, & my opinion upon it, which however was reduced to a think of small moment, by the opinion of the Court that the Treason law was not contrary to the constitution. the poor fellows are since pardon’d by the Assembly upon condition of the Banishment of two of them, & the third’s becoming a Continental Soldier for the War; this method of recruiting has been used with several other Criminals, and if they prove good Soldiers they will make the state abundant amends for former offences.

The trial at Trenton will I suppose be a long and solemn one. The Judges I doubt not are good men, tho’ Whipple is a Paltry name, and Arnold a bad one. The Pensylvania Counsel are a sensible body; I don’t know Col. Dyer’s Colleagues, but he will be long winded; I think I have heard that Dr Johnston is very clever.
I was in hopes Mr Jones would have been able by last Post to have confirmed the Surrender of Gibralter. I was disappointed, but was so far happy as to find nothing in the papers which rendered the account brought by the Rising Sun, improbable; a loose report was circulated yesterday, that the French Minister had a confirmation of it, should this be true, yr favr of this week, will confirm the glad tidings.
I am sorry to find Mr Jones’s health not so well restored as I hoped from his being in Congress; the dregs of his disorder were still hanging about him, wch [can] only be removed by temperate exercise.
The Conduct of Rhode Island, taken altogether, is really astonishing, and this circumstance in the Union, which I never attended to before, that one little State can stop so important an object, agt the opinion of all the others, may be attended with the worst of consequences. I suppose it extends to no other case but that of a Revenue. I took the liberty to hint to a friend at Richmond, the propriety of taking up the Subject in a new mode to avoid the consequences of your want of credit abroad; I received for answer, that upon the information from Rhode Island, the Assembly had repealed the Law of this State & had gone no further: and that Gentn. appeared to[o] impatient to put an end to the Session, to admit a hope of their taking up the Subject anew. Suppose the 12 States were to renew their laws, without making them dependant on the other, with this addition that the sums collected in each state, should be entered to her credit & she charged wth a Proportion of the Interest or principal, to the discharge of wch the fund is applied, leaving Rhode Island charged with her proportion, which she must discharge some other way, if she don’t approve of this. I se no objection to this method, unless it be supposed that this duty would be considered as such a Clog upon trade as to give Rhode Island an unreasonable advantage in commerce by throwing the imports into that State—an objection wch would be weighty, if several states were in the opposition, but does not appear of much consequence, when applied to a single one, especially if provision be made for Subjecting to the Duty all goods imported there, & afterwards brought into another State, confining the imports exempted to their own consumption. The thought however is sudden & it may be liable to other great objections I just hazard it for yr consideration.

Pray what is the glorious News they announce in the papers to have received in Britain from America? Is it the Revolt of part of the New England States mentioned in other Paragraphs? and have they any other ground for a hope of that sort, than what this step in Rhode Island furnishes? I hope not & that it is one of their expiring Puffs.
Our Assembly have had an Application for a divorce upon the Scriptural ground—the husband was the Petitioner and proved a man in bed with his wife, but the Assembly were such rigid Judges, as to insist upon the old fashioned proof of Rem in Re, & dismiss’d the Petition. It was the case of one Hill a Baptist Preacher, who married a daughter of Colo Philip Johnston. I think they might have dismiss’d it upon a better ground, that of it’s being a Judiciary power, which they have no right to exercise. And as none of the Courts at present have the Jurisdiction, they might have appointed one to hear and determine cases of this sort, but not decide it themselves. Dr Lee’s Letter is under consideration, & is likely to turn out a Bagatelle. I am Dr Sr
Yr mo. Affe Friend
Edmd Pendleton


Title: Report on Simon Metcalfe, [10 December] 1782
From: Madison, James
To:

Editorial Note
Simon Metcalfe (d. ca. 1795) styled himself the proprietor “of the Township of Prattsburgh commonly called the Seignory of Missisque [Missisquoi] on Lake Champlain.” This tract of over 28,000 acres east of the lake had been conveyed in 1771 to his father, a surveyor, by the royal governor of New York in a grant of doubtful legality. At the time of the present report the “government” of Vermont refused to recognize the validity of the patent.
The economic well-being of the son, who before the Revolution had engaged in trading with the Indians along the Great Lakes and in shipping dried fish and lumber to the West Indies, also depended upon a continuation of his privilege freely to use the St. Lawrence River and the Gulf of St. Lawrence, both for fishing and navigation. In 1782 Congress still owed Metcalfe for supplies which he had furnished to continental troops during their ill-starred invasion of Canada seven years before. Metcalfe claimed that, in retaliation for this aid, the British had destroyed his buildings, imprisoned him for nine months in Canada, and compelled his wife and eight of his children to remain there as hostages for his good behavior (NA: PCC, No. 41, VI, 277–82; No. 78, XVI, 369–73; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., V, 489; XXII, 127, 185; XXIV, 519, n. 1; Mary Greene Nye, ed., New York Land Patents, 1688–1786, Covering Land Now Included in the State of Vermont, State Papers of Vermont, VII [1947], 256–60, 272–77; Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., IV, 532; Hiland Hall, History of Vermont, pp. 101–2).
On 7 October 1782 Congress received an undated memorial from Metcalfe praying that the peace treaty include a guarantee by the British to the Americans of freedom to use the Canadian portion of roads and streams running across the northern boundary of the United States, to navigate the Great Lakes, St. Lawrence River, and Gulf of St. Lawrence, and to fish, cure fish, and cut wood in those waters or along their shores. Beginning with “Octr. 7. 1782,” the following docket of this memorial appears to be in JM’s hand: “Meml of S. Metcalfe in behalf of the landed proprietors on the waters of the River St. Lawrence Octr. 7. 1782 Referred to Mr Duane Mr Madison Mr Carroll Report of the Comee That it be handed to the Secy for foreign Affairs:” (NA: PCC, No. 42, V, 277–80; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 640, n. 3).

[10 December 1782]
The Committee to whom was referr’d the Memorial of S. Metcalf &c report that the same be handed to the office of Foreign affairs.


Title: Virginia Delegates to Benjamin Harrison, [10 December] 1782
From: Virginia Delegates
To: Harrison, Benjamin

[10 December 1782]
The public Creditors have for sometime past been extremely urgent for some effectual & permanent provision in their favor; and seeing but little prospect of obtaining it from the United States are turning their applications to their own States. Those who are Citizens of Pennsylvania in particular have adopted this policy and the Legislature having recd. no Satisfactory answer to two Memorials presented to Congress in their favor have been on the point of appropriating to their use a part of the requisition of Congress allotted for more essential Objects. Should such a measure be resorted to by one State it would probably be received by the Others as a Signal to take care each of its separate interest. The Effects of such a Step on the Union itself, on the Common Defence, on our national Character and on the Councils of the Enemy need not be traced. The apprehension of them by Congress produced the inclosed Instructions to the Superintendant of finance. The resolution which follows deputing three of their Members to Rhode Island to enforce the impost of 5P Ct. was thought a precausion no less essential. For besides the tendency of this Fund if vested in the United States to prevent undue appropriations by the States we find by Melancholly experience that the annual contributions of the States if left to the entire appropriation of Congress are not only unequal to the annual expence but unequal in point both of amount & punctuality to the interest of the annual expence. Unless some more effectual provision therefore be made for public credit every one must preconceive the dangers and perplexities which await us. The enemy already take courage from the prospect and the little progress made by Mr. Adams’s Loan between his Letter in June & his last in August makes it probable that the attention of our friends has also been drawn to this subject. Indeed their disposition to lend at all can only have resulted from an ignorance of our affairs which the enemy would take care should not be of long continuance. How far the repugnance of Rhode island to the impost will yield to these considerations is uncertain, as it is how far they will further reconcile to that measure the States which have but partially acceded to it Our Duty however requires that we should submit them thus—thro’ your Excellency to the Judgment of our constituents.


Title: To James Madison from David Jameson, [ca. 10] December 1782
From: Jameson, David
To: Madison, James

Dear Sir
Richmond Decr. [ca. 10] 1782
I have for sometime past (ever since I have been at this place, where I am constrained to give my attendance) intended to write to you, but have been discouraged for want of something that I could think worth troubling you with. I was happy to hear Congress had done Mr. Jefferson and themselves justice by appointing him a Commissioner to Europe, to assist in settling the terms of a Peace. He will there have a field to display his great Abilities, and I have not a doubt will so acquit himself as to give satisfaction to all. He brot. his two eldest Girls sometime ago to Ampthill to have them inoculated under the care of Doct Currie. As they had gone through the disorder and I could make a Visit without giving pain at my return to those who had not had the small pox, I waited on him Sunday last. He set out the next day for Albemarle, & after settling some family affairs there, will proceed to Phila.: And I expect will be with you soon after you receive this. I most heartily wish him a safe & pleasant passage cross the Atlantic
If you think you can trust me with your full and free opinion on the prospect of Peace or War, and whether there is a probability of our being again invaded in this State; I shall be much obliged to you for it. My reason is, that although I have resided below for some Months I cannot be said to have lived there—Most of my moveables that the British left me being still in the up Country, from whence I have not as yet thought it proper to remove them
As a Member of Assembly you will think it strange if I do not give you some Accot. of what is done and doing. An Act is passed to extend the time of taking in our paper Money till June next, the holders may fund it or lay it out in Land warrants, as before. The War & Commercial Agents offices are discontinued. General Spotswoods two State Legions will be disbanded. the Men are invited to enlist in our Contl. Regiments. The Officers are allowed to pay their own taxes out of their Certificates. And are to receive yearly the Interest that becomes due to them. Some Bills of less Note are finished and many are under consideration in the House of Delegates I suppose about Christmas the whole may be finished with very great esteem I am
Dr Sir   Your obedt hb servt
David Jameson
do me the favour to forward the inclosed


Title: From James Madison to Edmund Randolph, 10 December 1782
From: Madison, James
To: Randolph, Edmund

My dear Sir
Philada. 10th. Decr. 1782.
The Assembly of Penna. have with much difficulty been prevailed on to desist from a plan in which a part of the Requisition of Congress allotted for other uses was to be appropriated to their citizens creditors of the U.S. The consequences apprehended by Congress from such an example, and the probability that the plan will be renewed at the next meeting unless some intermediate provision be made for the credit of the U.S. have produced two Resolutions 1st. an instruction to the Superintendt. of Finance to represent to the States the pernicious tend[ency of su]ch unconstitutional appropriations; 2dly. a deputation of Mr. Osgood, Mr. Mifflin & Mr. Nash to enforce on Rhode the impost of 5 PrCt. The latter Resolution besides its tendency to the immediate end proposed by the first, was called for

   I make use of the Official Cypher as more familiar & equally proper here.

 the general pressure of our necessities Our official letter incloses these Resolutions to the Executive, and hazards some very free and alarming remarks for the legislature directly pointing to a fuller compliance with the impost I have added a private letter to the Governor which is still more explicit & pointed on the subject. In the present situation of our affairs, we did not think less would justify us to ourselves or to our Constituents.
Mr. Harrison at Cadiz has advised the Secy. of Foreign Affairs that the British fleet under Admiral Howe had effected the relief of Gibralter, by decoying the combined fleets from their station, & throwing in succours, before the weather would allow the latter to regain it. He says the British fleet on its return was pursued by the Combined fleet. The Vessel by which this letter came reports that she passed through the Combined fleet after she left Cadiz, and that two Spanish ships had been lost, one having fallen into the hands of the Enemy & the other chased on shore by them. Mr. Harrison adds as a more welcome article that a detachment of Frigates &c which had been sent from Cape Francois for the demolition of the British Factories on Hudson’s

Bay had arrived in Europe with a report of complete success, having destroyed & taken effects to the value of half a million Sterlg.
The Secy. of F.A. has resigned his office in form, but will continue to act for the present month, to prevent an interregnum in the department. The 19th. instant is fixed for the choice of a Successor. No one has yet been put in nomination.
By Mr. Jefferson’s letter to the Office of F.A. and a private one to myself, he may be expected here about the end of this month. It is improper therefore to address any thing to him.
The Grand Committee have had another meeting on the subject mentioned in a late letter. The scheme of Mr. Fitz—n’s was adopted with the rates of depreciation left blank The ideas on this point varied from forty to one hundred and fifty and upwards for one


Title: Notes on Debates, 11 December 1782
From: Madison, James
To:

Wednesday 11th. Decr.
The Secy. at war was authorised to permit the British prisoners to hire themselves out on condition of a bond from the Hirers for their return. The measure was not opposed, but was acquiesced in by some, only as conformable to antecedent principles established by Congress on this subject. Col Hamilton in particular gave this explanation.
Mr. Wilson made a motion refering the transmission of the Resolutions concerning Vermont, to the Secy. at War in such words as left him an option of being the Bearer, without the avowed Sanction of Congress. The votes of Virga. & N. York negatived it. The Presidt. informed Congress that he should send the Resolutions to the Commander in cheif to be forwarded.


Title: Report on Breach of Secrecy in re Foreign Affairs, [12 December] 1782
From: Madison, James
To:

[12 December 1782]
The Committee further report that the clause in the said publication which manifestly refers to the late advances made by the Court of Sweeden towards a Treaty with the U.S. affords a strong presumption that the obligation of secrecy on that subject has been violated by some member of Congress or by some person belonging to one of the offices to which the letter from the Minister Plenipo: at the Ct. of Versailles was entrusted that as soon as the author of the said letter shall have been investigated it will be proper for Congress to resume the consideration of this part of the subject; but that Congress can not take notice of it on the present occasion without authentically disclosing a fact which they wish to conceal


Title: Notes on Debates, 12 December 1782
From: Madison, James
To:

Thursday Decr. 12.
The Report made by Mr. Williamson, Mr. Carroll & Mr. Madison touching the publication in the Boston paper supposed to be written by Mr. Howell, passed with the concurrence of R. Island; Mr. Howell hesitating & finally beckoning to Mr. Collins his colleague who answered for the State in the affirmative. As the Report stood, the Executive of Massachusetts as well as of Rho: Island was to be written to, the Gazette being printed at Boston. On the motion of Mr. Osgood who had seen the original publication in the Providence Gazette and apprenhended a constructive imputation on the Mass: Delegates by such as wd. be ignorant of the circumstances, the Executive of Massts. was expunged.


Title: Benjamin Harrison to Virginia Delegates, 14 December 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
Virginia Richmond 14th. Decem: 1782.
You have Mazzeis Letter which was left out of mine by mistake now enclosed. I am anxious to know what he has written to Mr. Adams as he seems to think it a Matter of some Consequence to America. I congratulate you on the good news you will find in the enclosed paper, which I think may be depended on as it not only comes from the Capt. of the Vessel, but from a passenger well know[n] to many Gentlemen here who all report him a Man of truth, twenty odd of the prizes had arrived before he sail’d in the single port of Lorient which he left the 26th. of October Gibralter was not then taken, tho’ the news of that event was expected every day. The last account recd. at Lorient of the British fleet was that they were off Capt. Finestre on their way to Gibralter. I am &c.
B. H.


Title: Notes on Debates, 16 December 1782
From: Madison, James
To:

Monday Decr. 16.
The answer to the objections of Rho: Island, as to the Impost, penned by Mr. Howell passed without opposition, 8 States being present of which Rho: Isd. was one, a few trivial alterations only being made in the course of discussion.
Mr. Howell contrary to expectation was entirely silent as to his affair.


Title: Instruction to Virginia Delegates in re Confiscated Property, 17 [and 23] December 1782
From: General Assembly
To: Virginia Delegates

Virginia
In General Assembly
Tuesday the 17th of December 1782.
Whereas Resolutions in States which end in a dissolution of their former Government or constitution, bear no similarity to contests between independant Nations in which the object is the defence & support of their Constitutions & Governments inasmuch as in the former the life, liberty and property of the individual are risqued, in the latter the powers & rights of the whole community in their political capacity are hazarded. Resolved therefore unanimously that when the former constitution or social compact of this Country & the Civil Laws which existed under it, were dissolved—a Majority of the Inhabitants had through necessity, an unquestionable natural right to frame a new social compact & to admit as parties thereto, those only who would be bound by the Laws of the Majority—& consequently as no individual can claim immunities, privileges or property in any community but under the Laws of that community, so all those who were members of the former government which and its dependant Laws have been dissolved, abrogated and made void—cannot have legal claim to any immunity, privilege or property under our present constitution, or those Laws which flow from it if they were not parties to the present Social compact originally, or have [not] become parties by the subsequent Laws thereof.
Resolved unanimously that the Laws of this State confiscating property held under the Laws of the former Governments (which have been dissolved and made void) by those who have never been admitted into the present social compact being founded on Legal Principles, were strongly dictated by that principle of common Justice which demands that if virtuous Citizens in defence of their natural & Constitutional rights, risque their life, liberty and property on their success, the vicious Citizens, who side with Tyranny & oppression, or who cloak themselves under the masque of neutrality, should at least hazard their property and not enjoy the benefits procured by the labours and dangers of those whose destruction they wished
Resolved, unanimously that all demands or requests of the British Court for the restitution of property confiscated by this State being neither supported by Law, equity or policy, are wholly inadmissable, & that our Delegates in Congress be instructed to move Congress, that they may direct their deputies who shall represent these States in the General Congress for adjusting a peace or truce, neither to agree to any such restitution, or submit that the Laws made by any Independant State of this Union, be subjected to the adjudication of any power or powers on Earth.
Archibald Cary S. S.Jno Tyler: S. H. D.


Title: Notes on Debates, 17 December 1782
From: Madison, James
To:

Teusday Decr. 17th.
Mr. Carroll in order to bring on the affair of Mr. Howel moved that the Secy. of Foreign Affairs be instructed not to write to the Govt. of Rhode Island on the subject. The state in wch. such a vote would leave the business unless the reason of it was expressed, being not adverted to by some, and others being unwilling to move in the case, This motion was incautiously suffered to pass. The effect of it however was soon observed, and a motion in consequence made by Mr. Hamilton, to subjoin the words, “Mr Howel having in his place confessed himself to be the Author of the publication.” Mr. Ramsay thinking such a stigma on Mr. Howell unnecessary, & tending to place him in the light of a persecuted man whereby his opposition to the Impost might have more weight in his State, proposed to substitute as the reason “Congress havg. recd. the information desired on that subject.[”] The yeas & nays havg. been called by Mr. Hamilton[,] Mr: Howell grew very uneasy at the prospect of his name being thereby brought on the Journals; and requested that the subject might be suspended untill the day following. This was agreed to & took place on condition that the ne[ga]ti[v]ed counterdirection to the Secy. of F.A. should be reconsidered & lie over also.


Title: From James Madison to Edmund Randolph, 17 December 1782
From: Madison, James
To: Randolph, Edmund

My dear Sir
Philada. 17th. Decr. 1782.
Since the appointment of the deputation to Rho: Island Congress have recd. a copy of the refusal of the Legislature of that State to concur in the impost, with the reasons on which the refusal is grounded. The reasons assigned are 1st. the inequality of the tax which will bear hardest on the commercial States, and peculiarly hard on Rho: Island which is the most commercial: 2dly. the inexpediency of admitting to a collection within the State of so large a tax an officer unknown to the Constitution, and unaccountable to the authority of the State. 3dly. the danger to public liberty from such an accession of weight to the foederal Government. I give this recital from memory and therefore only as the substance of the[ir] objections. They are in the hands of a Committee who will report such observations as they may deem a fit answer to them. The deputation has not yet set out, but probably will in the course of the week.
Vermont has been again on the tapis. Its only advocates were the delegates of Rho: Island who are charged with interested views in the case, and those of N. Jersey who are fettered by instructions from their Constituents. I understand that a Mr. Titchner one of the Agents formerly here is arrived from Vermont, probably in consequence of a signal given of the revolution wch. is taking place in the foederal Councils with respect to them. A little time will display his errand.
General Greene has referred to Congress a case which admonishes them of the necessity of a code for captures & recaptures on land as well as on water. A detachment of the continental forces having retaken a number of Horses which had been taken by the enemy from Citizens of S. Carolina; the Executive Authority of the State demanded a restitution, on the general principle that the original owners were entitled to all recaptured property. This demand was laid before a Council of Officers which decided against its validity. The General has submitted the case to Congress for their final judgment. It appears from a review of the proceedings of Congress, that a very defective provision only has been made for captures, and no provision at all for recaptures, on land. The opinion of the Council of war is conformable to the practice of the Army in like cases, and to the rules observed by other nations. The demand of restitution in favor of the original proprietors is warranted by the principles of equity and the Spirit of the Ordinance relating to Captures on water. All that Congress can do in the case will be to remit to the original owners the prizes which has been adjudged to the U.S. But some general provision for future cases will be necessary in which it will be not easy to define the species of property of which restitution may be claimed. To extend the rule to every species of property would open a door to innumerable disputes and abuses. I observe on this occasion what had escaped me before, that if Congress should establish a Court for Captures on land, such cases can come before it only on appeal.
(Official Cypher) Letters from Franklin and Jay dated late in September shew that a commission has been issued to Oswald to treat with commissioners of the thirteen United States by which some precedent obstacles were surmounted and that Spain meditates an immoderate defalcation of our western ter[r]itory All this intelligence however has come to us in obscure fragment[s]. I commi[t] it to you as to a member of Congress on whom secresy is enjoined and in this cypher as certainly unknown to all but official persons
The inclosed gazette will inform you of the good fortune of the Capt: Barry of the Alliance Frigate. It appears from various letters from Europe that the Jamaica fleet has suffered severely from privateers & the storm.
The Court at Trenton will finish their business this week it is said. The Pennsylvanians alledge that the cause is going hollow in their favor.
I have no letter from you by this post which I impute to your visit to Williamsbg.


Title: Notes on Debates, 18 December 1782
From: Madison, James
To:

Wednesday Decr. 18th.
This day was cheifly spent on the case of Mr. Howel; whose behaviour was extremely offensive, and led to a determined opposition to him, those who were most inclined to spare his reputation. If the affair could have been closed without an insertion of his name on the Journal, He seemed willing to withdraw his protest; but the impropriety which appeared to some & particularly to Mr. Hamilton in suppressing the name of the author of a peice wch. Congress had so emphatically reprobated, when the author was found to be a member of Congress, prevented a relaxation as to the yeas & nays. Mr. Howell therefore, as his name was necessarily to appear on the Journal, adhered to the motion which inserted his protest

   See the Journal

 thereon. The indecency of this paper, and the pertinacity of Mr. Howell in adhering to his assertions with respect to the non-failure of any application for foreign loans, excited great & (excepting his Colleagues or rather Mr. Arnold) universal indignation and astonishment in Congress; and he was repeatedly premonished of the certain ruin in wch. he wd. thereby involve his character & consequence; and of the necessity wch. Congress wd. be laid under of vindicating themselves by some act which would expose and condemn him to all the world.


Title: Report on David Howell’s Protest, [20 December] 1782
From: Madison, James
To:

[20 December 1782]
The Committee appointed to report such measures as it will [be] proper for Congress to take in consequence of the motion made by Mr. Howel on the 18th. instant recommend
That the said motion with the preceding resolutions of Congress to which it refers, be transmitted by the Secy of foreign Affairs to the Executive Authority of the State of Rhode Island, with an authenticated State of the several applications for foreign loans & the result thereof.


Title: Notes on Debates, 20 December 1782
From: Madison, James
To:

Friday Decr. 20th.
A motion was made by Mr. Hamilton for revising the requisitions of the preceding and present years, in order to reduce them more within the faculties of the States. In support of the motion it was urged that the exorbitancy of the demands produced a despair of fulfilling them which benumbed the efforts for that purpose. On the other side it was alledged that a relaxation of the demand would be followed by a relaxation of the efforts; that unless other resources were substituted either the States would be deluded by such a measure into false expectations; or in case the truth sd. be disclosed to prevent that effort, that the Enemy wd. be encouraged to Persevere in the war agst. us. The motion meeting with little patronage was withdrawn.
The Report of the Committee on the motion of Mr. Hamilton proposed that the Scy. of Congress should transmit to the Executive of Rhode Island the several acts of Congress with a state of foreign loans. The object of the Committee was that in case Rho: Island should abet or not resent the misconduct of their Representative, as wd. most likely be the event, Congress might commit themselves as little as possible in the mode of referring it to that State. When the Report came under consideration it was observed, that the Presidt. had always transmitted acts of Congress to the Executives of the States, and that such a change on the present occasion might afford a pretext if not excite a disposition in Rho: Island, not to vindicate the honor of Congress. The matter was compromised by substiting the Scy. of Fn Afrs who ex-officio corresponds with the Governors &c. within whose department the facts to be transmitted as to foreign loans lay. No motion or vote opposed the report as it passed.


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

My dear friend
Richmond Decr. 20. 1782.
The journal of the house of delegates from Saturday last to this day includes the following points, worthy of notice.

An attempt has been made to vest the high court of chancery with spiritual jurisdiction. But the terror, which always accompanies the mention of powers, exercised by the hierarchy, caused the bill to be postponed until the next session of assembly.
Mr. John Mercer is elected as my successor in opposition to Mr. St. George Tucker, the numbers being 66 and 30.
I mentioned to you in my letter of last week that the inquiry into Dr. Lee’s letter to Mr. Page proved favorable to the former gentleman. I believe, I inclosed to you the act of acquittal. Since these measures, he has been attacked under a variety of forms. 1. A motion was made for reelecting the five delegates for congress. This was not approved. 2. Another motion was made for recalling him. This was ordered to lie on the table. Whether the object of this step was to introduce new charges, or not, I cannot tell; but so it was, that the facts, stated in the inclosed paper, were formally laid before the house by Mr. John Mercer. The report of the committee appointed to inquire into them will be introduced today, and the fate of the motion for a recal seems to depend on it. The evidence, so far as it has gone, will not, I fancy, produce any thing, fatal to Mr. Lee.
You will receive two instructions: The one injoins you to oppose every communication with a british agent or minister, except in conjunction with France and except independence shall be acknowledged, as a preliminary. The other commands you to labour against the restitution of British property.
The ardor of the delegates to suppress the importation of British goods is not cooled by the rejection of a former bill to that purpose by the senate. Another is ordered to be read a third time today. It differs from the former one in this, that it removes the suspension on the first prohibitory act after the first day of next January, without clogging it with any limitations.
A new form is given to the assessment of lands. The house of delegates have passed a bill, called the equalizing bill; to which the senate have agreed with an amendment. The delegates have not yet confirmed the Ame[nd]ment; but there is little doubt of the final enaction of the capital branches of the scheme. These capital branches consist in the following particulars. They divide the country into four districts. The assessments of all the lands in each county are then added together, and divided by the number of acres; by whi[ch] an average is formed. The average of each county being thus taken, the averages of every county in the district are added together, and divided by the number of countie[s] which process forms an average of every acre in the district.
Upon reflection, I think, I had rather not inclose Mr. Mercer’s facts, until the next week, whe[n] I shall have access to the cypher.


Title: Report on Conference with Robert R. Livingston, [21 December] 1782
From: Madison, James
To:

[21 December 1782]
The Committee appointed to confer with the Secy of F. A. on the subject of his Department report
That he is willing, if it be the desire of Congress, to remain in the said Department until the ensuing Spring, but that it will be necessary for him to make a short visit to the State of N.Y. in the Month of Jany. which the Committee think will not probably interfere with the public business. They accordingly propose,
That the election of a Secy for F.A. be postponed untill the first Monday in May next & that Mr. Livingston be requested to continue to discharge the duties of that Department until such election shall be made.
That he have leave of absence for the purpose of making a visit to the State of N. Yorke


Title: Report on Property Recaptured on Land, [23 December] 1782
From: Madison, James
To:

[23 December 1782]
The Committee consisting of Messrs. Madison, Hamilton and McKean to whom were referred a letter from Majr. Genl Greene of the 28th. Ocr. last with sundry other papers accompanying the same[,] Report
That it appears from the papers referred that the Executive Authority of the State of S. Carolina had claimed in behalf of the Original owners[,] Citizens of the said State, sundry horses recaptured on land from the Enemy by a detachment of the forces of the U. S.; on the general principle “that original owners are entitled to Restitution of all recaptured property”; that a Council of war to which the said claim was referred by Majr. General Greene had decided against its validity; and that he has finally submitted the case to Congress.
On this subject the Committee beg leave to observe that by the 9th. of the Articles of Confederation, the U. States in Congress assembled are invested with the sole and exclusive right and power inter alia of “establishing rules for deciding in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the U.S. shall be divided or appropriated; which power as it involves that of deciding on the right of the Enemy to the property captured, necessarilly extends to cases of recapture.
That with respect to captures and recaptures on water general provision hath been made by several Ordinances & Acts of Congress.
That with respect to captures on land, partial provision only hath been made, and for cases of recapture on land no provision at all; it having been left to the discretion of the Military Commanders to conform, in the cases omitted, to the general rules of justice, and the customs of war as observed by civilized nations.
That the particular case in question having been decided in the mode practiced by the army in like instances, cannot with propriety be rejudged by Congress, to whom is delegated in cases of capture a legislative only and not a judiciary authority. That nevertheless since it is both the duty and disposition of Congress to render the aims of the U. S. as subservient as possible to the just interests of individuals as well as to the general defence and since restitution has been ordained to the original owners in cases of recapture on water of property previously captured by the enemy on land, the Committee are of opinion that it is expedient to remit in favor of the original owners the property recaptured by Col:  and retained for the use of the U. States.
Upon this view of the subject the Committee propose the following Resolutions.
That Congress approve of the steps taken by Majr. Genl Greene in the case of the property recaptured on land by Col: Koscuiszko and claimed in behalf the original owners by the Executive Authority of the State of S. Carolina; as stated in his letter of the 28th of Octr. last.
That so much of the property recaptured as aforesaid and accruing to the use of the U. States, as shall be satisfactorily proven to have been previously captured from Inhabitants of the U. States, be remitted to the original proprietors; excepting only so much, or the value, thereof, not exceeding ¼ of the whole value, as the said Majr Genl Greene may have promised, or may be deemed by him a proper compensation, to the Recaptors.
That leave be give[n] to the Committee to report an Ordinance declaring in all cases what captures on land shall be legal, and in what manner the same shall be divided or appropriated.
That untill such general provision shall be made, all property,—dead victuals & provender of all kinds being excepted, which shall be recaptured on land from the enemy by forces in the service of the U. States, and which shall be satisfactorily proven to have been previously captured from any individual State; or without collusion captured or plundered from any inhabitant of the United States, shall be specifically restored to usch State or to such inhabitant; on their paying therefor such sum not exceeding 1/4 of its value, as may have been promised by the Commanding officer of the department to the recaptors, or as may be deemed by him a proper compensation to them: provided always that where slaves shall be so recaptured, restitution shall be made without demand of such sum from the original owners; and provided that this Resolution shall not be construed to extend to property brought off from the Enemy by deserters.


Title: Notes on Debates, 23 December 1782
From: Madison, James
To:

Monday 23d. December.
The motion to strike out the words “accruing to the use of the U.S.” was grounded on a denial of the principle that a capture & possession by the enemy of moveable property extinguished or affected the title of the original owners. On the other side this principle was asserted as laid down by the most approved writers, and conformable to the practice of all nations; to which was added that if a contrary doctrine were established by Congress, innumerable claims would be brought forward by those whose property had on recapture been applied to the public use. see Journal
Letters were this day recd. from Mr. Franklin Mr. Jay & the Marquis de la Fayette. They were dated the 14th of Ocr. That from the first inclosed a copy of the 2d. Commison. to Mr. Oswald with sundry prelimy. articles, & distrusted the British Court. That from the 2d. expressed great jealousy of the French Govt., & referred to an intercepted letter from Mr. Marbois opposing the claim of the U.S. to the Fisheries. This despatch produced much indignation agst. the author of the intercepted letter and visible emotions in some agst. France. It was remarked here that our Ministers took no notice of the distinct comons. to Fitzherbt. & Oswald; that altho’ on a supposed intimacy and joined in the same comon. they [the Ministers wrote separately & breathed opposite sentiments as to the views of France. Mr. Livingston told me that the letter of the Ct. de Vergennes as read to him by the Chevr. Luzerne very delicately mentioned & complained that the American Ministers did not in the nego——ns with the British Ministers maintain the due communication with those of France. Mr. Livingston inferred on the whole that France was sincerely anxious for peace.


Title: To James Madison from Edmund Pendleton, 23 December 1782
From: Pendleton, Edmund
To: Madison, James

Dr Sir
Caroline, Decr 23d 1782
I have yr favr of the 3d wch I am to acknowledge from wth bad materials. I have a letter from Genl Green’s Camp of the 7th of Novr. mentioning the return of the transports wch carried the Refugees to St Augustine and the Arrival of others from Halifax, events wch it was said had alone suspended the evacuation, and it was expected then to take place in a few days. but we have now a report, that it was countermanded, & a considerable reinforcement to the Garrison arrived, which had induced Genl Green to retreat, & to send after 2 Regiments who were on their March to the Northward, with orders to return; As I do not understand Government have any Advice of this from the Genl. or the Executive of either Carolina, I give it little credit.
An annecdote from Charles Town shews the unfair dealing of our Enemys. Genl Lesly consented that Govr Matthews should send in Commrs to see that the Refugees carried off no property but their own. going on board the Transports on that Occasion, & prying deeper than was intended, they found upwards of 200 negroes barrelled up like Beef or Pork, some had died in the Suffocation; Lesly could not refuse the delivery of those, but in a Pet, put a stop to the progress of the Comrs.
I find at length the relief of Gibralter is too well confirm’d & we must abide the Event of the Negotiations wthout the Posn of that Rock. Pennsylvania deserves to be punished with the revolt of her transmontane Inhabitants for the part she has taken in that respect agt Virga. Medlars often get their fingers burnt. Mr Jno F. Mercer comes to Congress in the room of Mr Attorney. I fear you can’t read what I have written, so will conclude wth the complts of the Seas[on]s to you, Mr Jones & his lady & am ever
Yours
Edmd Pendleton


Title: Notes on Debates, 24 December 1782
From: Madison, James
To:

Teusday 24 Decr.
The letter from Mr. Jay inclosing copy of the intercepted letter from Marbois was laid before Congress. The tenor of it with the comments of Mr. Jay affected deeply the sentiments of Congress with regard to France. The policy in particular manifested by France of keeping us tractable by leaving the British in possession of posts in this country awakened strong jealousies, corroborated the charges on that subject, and with concomitant circumstances may engender the opposite extreme of the gratitude & cordiality now felt towards France; as the closest friends on a rupture are apt to become the bitterest foes. Much will depend however on the course pursued by Britain. The liberal one Oswald seems to be pursuing will much promote an alienation of temper in America from France. It is not improbable that the intercepted letter from Mr. Marbois came thro’ Oswald’s hands. If G.B. therefore yields the Fitsheries & the back territory, America will feel the obligation to her not to France who appears to be illiberal as to the 1st. & favorable to Spain as to the 2d. object; and consequently has forfeited the confidence of the States interested in either of them. Candor will suggest however that the situation of France is & has been extremely perplexing. The object of her blood & money was not only the independence, but the commerce and gratitude of America; the commerce to render Independence the more useful, the gratitude to render that Commerce the more permanent. It was necessary therefore she supposed that America should be exposed to the cruelties of her Enemies, and be made sensible of her own weakness in order to be grateful to the hand which relieved her. This policy if discovered tended, on the other hand to spoil the whole. Experience shews that her truest policy would have been to relieve America by the most direct & generous means, & to have mingled with them no artifice whatever. With respect to Spain also the situation of France has been & is peculiarly delicate. The claims & views of Spain & America interfere. The former attempts of Britain to seduce Spain to a separate peace, & the ties of France with the latter whom she had drawn into the war, required her to favor Spain, at least to a certain degree, at the expence of America. Of this G.B. is taking advantage. If France adheres to Spain, G.B. espouses the views of America; & endeavours to draw her off from France. If France sd. adhere to America in her claims, Britain might espouse those of Spain & produce a breach between her & France, and in either case Britain wd. divide her enemies If France acts wisely she will in this dilemma prefer the friendship of America to that of Spain. If America acts wisely she will see that she is with respect to her great interests, more in danger of being seduced by Britain than sacrificed by France.
The deputation to R.I. had set out on the 22d & proceeded ½ days journey. Mr. Nash casually mentioned a private letter from Mr. Pendleton to Mr. Madison informing that the Legislature of Virga. had in consequence of the final refusal of R.I. repealed her law for the impost. As this circumstance if true destroyed in the opinion of the deputies the chief argt. to be used by them viz the unanimity of the other States, they determined to return & wait for the Southern post to know the truth of it. The post failing to arrive on the 23d. the usual day, the deputies on this day came into Congress & stated the case. Mr. Madison read to Congress the paragraph in the letter from Mr. Pendleton. Congress verbally resolved that the departure of the Deputies for R.I. sd. be suspended untill the further order of Congress; Mr. Madison promising to give any information he might receive by the post. The arrival of the post immediately ensued. A letter to Mr Madison from Mr. Randolph confirmed the fact, & was communicated to Congress. The most intelligent members were deeply affected & prognosticated a failure of the Impost scheme, & the most pernicious effects [to] the character, the duration, & the interests of the confederacy. It was at length, notwithstanding[,] determined to persist in the attempt for permanent revenue, and a Committee was appointed to report the steps proper to be taken.
A motion was made by Mr. Rutlidge to strike out the salvage for recaptures on land, on the same principle as he did the words “accruing to the use of the U.S.” As the latter had been retained by barely 7 States, and one of these was n[ot] present the motion of Mr. Ru[t]ledge succeeded. Some of Those who were on the other side, in consequence, voted agst. the whole resolution & it failed. By compromise it passed as reported by the Committee:
The grand Committee reported after another meeting with respect to the old money: that it sd. be rated at 40 for 1. The Chair decided on a question raised, that according to rule the blank sd. not have been filled by the Committee, so the rate was expunged.


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

Sr.
Phila: 24th. Decr. 1782.
We have no southern mail this week. Since our last a Frigate from France has arrived in Delaware Bay, by her we have Letters from our Commissioners at Paris so late as the 14th. day of Octr. inclosing a Copy of a Com[miss]ion to Mr. Oswald of the 21t. of Sepr. revoking the one granted the begining of the preceeding month in which the States of America were called British Colonies and Plantations. the last authorises Mr. Oswald to conclude a peace or truce with any person or persons duly impowered for the Purpose in behalf of the thirteen united States of America. these new powers were given in consequence of the absolute refusal of our Comrs. to treat under the first Com[miss]ion to Mr. Oswald. You will receive a copy of the Commission transmitted to Congress from the Secretary of foreign affairs. Some steps have been taken by the Comrs. subsequent to the receipt of these new powers but nothing so determined as to authorise the forming any conclusion, or what may ultimately be the issue of the negociations. when we reflect upon The different interests to be considered and the time necessary for their discussion and adjustment, we ought not to entertain too sanguine hopes of a speedy conclusion, even if it should ultimately be a favourable one, on the contrary prudence and sound policy dictate that we pursue with unremitting attention the measures proper for War untill we are certain they are no longer necessary. The treaty of Commerce with the seven united provinces of the Netherlands, we have good reason to believe was signed by the parties the 7th. of October, tho’ we have no official authentication of the fact. There are accounts that the French forces in the Et. Indies in conjunction with those of Hyder Alli have taken Madras. this intelligence however wants official confirmation. we have the honor to be
yr. Excellencys obedt servts.
Jos: Jones.J Madison Jr


Title: From James Madison to Edmund Randolph, 24 December 1782
From: Madison, James
To: Randolph, Edmund

My dear Sir
Philada. Decr. 24th. 1782
Since my last the Danae a French frigate has arrived from France with money for the French army and public despatches A snow storm drove her on shore in this Bay where she was in danger of following the fate of one the last Frigates from France The accident as it turned out only cost her all her masts. The despatches for Congress are from Mr. Franklin, Mr. Jay & the Marquis de la Fayette, and come down to the 14th. Ocr. They advise that the 1st. Commission issued to Mr. Oswald empowered him to treat with certain Colonies &c. which being objected, another issued explicitly empowering him to Treat with Commisrs. from the thirteen United States. The latter, of which a copy was inclosed, and which will be transmitted to the Executives, is grounded on the Act of Parliament, but is to continue in force no longer than July 1783. It is no doubt on the whole a source of very soothing expectations, But if we view on one side the instability & insidiousness of the British Cabinet, and on the other the complication of interests and pretensions among the Allies, prudence calls upon us to temper our expectations with much distrust.
Mr. Adams concluded his Treaty of Amity & Commerce on the 7th. of Ocr. and had in hand 1½ Million of Florins out of the 5 Million for which subscriptions had been opened. As this however was the sum subscribed in June last, it is no certain evidence of any other progress than that of the payments.

There are accounts but neither official nor certain that Madrass had been taken by the combined arms of France & Hyder Ally. 3/5 of Constantinople had been reduced to ashes by incendiaries inspired with the desperate purpose by the public distresses and a blind revenge agst. the Vizier who was regarded as the cause of them. The havoc suffered by the French & Spaniards in the attempt to storm Gibralter before its relief, appears to have been dreadful indeed. The loss on the English side which amounted to about 500 is a proof that the effort was a bloody one.
Mr. Livingston has been prevailed on to hold his office for this winter. The election of a successor was within a moment of being made when the practicability of retaining his services was discovered. The Gentlemen in nomination were General Schuyler, & Mr. Clymer   Mr. Reed had been nominated but withdrawn.
The deputation for Rhode Island is still here. A report that Maryland is receding with respect to the object of their mission, and information conveyed in a letter from Mr. Pendleton to me that Virga. on hearing of the unanimous refusal of R.I. had repealed her accession, by disarm[in]g them of their most pointed argument has produced great hesitation. They wait at present however only for intelligence with respect to Md. & Va. which was expected by yesterday’s post. But the post is not even yet come. The inferences which R.I. will probably draw from Oswalds Commission are another source of apprehension. If justice & honor however preside in her Councils she will feel as much the obligation of providing for the discharge of past engagements as for contracting those which may be necessary in future. Our debts at this moment liquidated & unliquidated, cannot I conceive be less than forty million Dollars. The interest therefore alone is a very serious object, and I am persuaded that unless it be raised by some plan which will operate at the same time & in due proportion throughout the Union, that neither its amount nor punctuality can be confided in. Besides the other obvious causes, a jealousy is already perceived among some States that others will eventually elude their share of the burden The interest on the sum borrowed by Mr. A. is now running and soon will[,] if a part hath not already, become due. Nor is their any fund in contemplation for its payment but that of the Impost.
Of——l. Cy——r The french army are embarking for the West Indies count R——u says that in case the war sd. be renewed against us they will instantly return Great efforts will I fancy be made on that theatre unless arrested by peace I need not give other intimations of secrecy on these [poin]ts than the nature of them & the use of the Cypher
J. M.
intended the paper inclosed to Mr. A. for you. you may exchange if worth while.


Title: Instructions to Virginia Delegates in re Artillery, [25 and 26 December] 1782
From: House of Delegates
To: Virginia Delegates

Editorial Note
In response to a dispatch of 10 March 1782, in which Washington requested that Virginia lend or give artillery to the continental army, Governor Harrison in Council readily assented, provided that Washington “send for” the heavy brass siege cannon and replace them with “an equal number of pounds of field artillery” (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXIV, 52–53; Journals of the Council of StateH. R. McIlwaine et al., eds., Journals of the Council of the State of Virginia (3 vols. to
        date; Richmond, 1931——)., III, 62; McIlwaine, Official LettersH. R. McIlwaine, ed., Official Letters of
          the Governors of the State of Virginia (3 vols.; Richmond, 1926–29)., III, 178). The commander-in-chief agreed and directed General Henry Knox, continental chief of artillery, to expedite the transfer, but by 9 July, after having conferred with General Benjamin Lincoln, secretary at war, Knox had seemingly concluded that the army would be the loser if the proposed exchange should be made (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXIV, 112, n.; LC: Washington Papers).

Harrison, meanwhile, was finding that his original estimates of the number of siege cannon in Virginia had been exaggerated and that many of the pieces were at the bottom of the York, the Pamunkey, and other rivers. In compliance with directives from the executive and the House of Delegates, dated 25 February and 22 May, respectively, Colonel William Davies, commissioner of war, had been endeavoring to recover, assemble, repair, and render an accounting of Virginia ordnance and other military stores (Journals of the Council of StateH. R. McIlwaine et al., eds., Journals of the Council of the State of Virginia (3 vols. to
        date; Richmond, 1931——)., III, 50, 96; Minute Book, House of Delegates, May 1782Minute Book, House of Delegates, May 1782, MS in Virginia State
        Library., p. 50; Calendar of Virginia State PapersWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11
        vols.; Richmond, 1875–93)., III, 132, 151, 168–69). Although Davies on 7 June submitted a progress report, which Harrison laid before the House of Delegates, the work of locating and raising the submerged cannon continued throughout the summer and autumn of 1782 (ibid., III, 195, 289, 290, 304, 311, 341, 378; Journals of the Council of StateH. R. McIlwaine et al., eds., Journals of the Council of the State of Virginia (3 vols. to
        date; Richmond, 1931——)., III, 103, 122, 124, 218).
Finally on 25 November the House of Delegates revived the original issue by naming a committee, with Arthur Lee as chairman, “to prepare powers and instructions for the delegates of this State in Congress, to negotiate and exchange with the United States, the heavy brass cannon of this State, for brass field pieces and howitzers.” The report of the committee, submitted by Lee on 25 December, was adopted by the House on the same day and by the Senate on the next (Journal of the House of DelegatesJournal of the House of Delegates of the
          Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg.
        Beginning in 1780, the portion after the semicolon reads, Begun and
          Held in the Town of Richmond. In the County of Henrico. The journal for each session
        has its own title page and is individually paginated. The edition used is the one in which
        the journals for 1777–1786 are brought together in two volumes, with each journal published
        in Richmond in 1827 or 1828, and often called the “Thomas W. White reprint.”, October 1782, pp. 36, 81, 82).

[25 and 26 December 1782]
Whereas, brass field pieces and howitzers, are immediately necessary for the militia of this State, and it is understood, that it will be advantageous to the United States, to exchange such field pieces and howitzers for heavy artillery, the delegates of this Commonwealth in Congress, are hereby empowered and instructed, to negotiate an exchange with the Congress of the United States, of heavy cannon for such field pieces and howitzers, with their carriages and accoutrements complete; and when they have obtained them, to concert with the Executive of this State the most immediate and effectual means of forwarding them to Virginia; and the Executive are desired to transmit to our delegates a list of such brass twenty-four and twelve pound cannon as belong to this State, for the purpose of such exchange; and also of such heavy iron ordnance as can be spared from the necessary defence of the State, by land and by water.


Title: Instructions to Virginia Delegates in re Financial Quota, 28 December 1782
From: House of Delegates
To: Virginia Delegates

In the House of Delegates
Saturday the 28th December 1782
Resolved that fifty thousand pounds Currency of this State be paid by the Treasurer into the Hands of the Continental Receiver of this States Quota And that the Delegates representing this Commonwealth in Congress be instructed to inform Congress that the weight of the Southern War generally, but more particularly the Oppression arising to the Commonwealth from the extensive Contributions of its Citizens to the Common Cause in the Campaign of one thousand seven hundred and eighty one incapacitates the State from a further Compliance at present with the Requisitions of Congress for this States Quota of Money necessary for the Service of the year one thousand seven hundred and eighty two. But that the General Assembly will appropriate out of the first and best Revenues of the State a Sum equal to one hundred and seventy four thousand Dollars at the Disposition of Congress for the former purpose and two hundred and ninety thousand Dollars for the current Support of the War

1782 December 28th.

Teste J Beckley CHD

Agreed to by the Senate

Will Drew CS

A Copy Teste

John Beckley CHD


Title: Instructions to Virginia Delegates in re Tobacco Contract, 28 December 1782
From: House of Delegates
To: Virginia Delegates

Editorial Note
The outstanding example in Virginia of the general problem of suppressing illicit trade with the enemy by flag-of-truce vessels was the long-extended controversy between Governor Benjamin Harrison and the General Assembly on the one hand and Robert Morris, his Virginia agent Daniel Clark, and Congress on the other hand over alleged smuggling of tobacco in fulfilling the contract with the merchants-capitulant of York-town. For this contract and the dispute arising from the execution of the contract prior to the opening of the October 1782 session of the Virginia Assembly, see Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 244–45, nn. 7, 9; 254, n. 4; 261, n. 6; 263; 266, n. 3; 267, n. 8; 340, n. 3; 394–95; 396, n. 2; 397, n. 3.

Virginia
In the House of Delegates
Saturday the 28th December 1782
Mr. Henderson reported from the Committee appointed to inquire into Abuses supposed to have been committed under the Allowance granted by the last Assembly for loading six hundred and eighty five Hogsheads of Tobacco on board certain British Vessels; that the Committee had, according to Order; inquired into the same, and had agreed to a Report; and come to several Resolutions thereupon, which he read in his Place, and afterwards delivered in at the Clerks Table, where the same were again twice read, and agreed to by the House, as followeth:
It appears to your Committee, that by an Agreement between Robert Morris, Esquire, and George Eddy, on the Part of a certain Ebenezer Coffin, a Passport and safe Conduct was to be granted by the Secretary of Congress, for one or more Vessels to carry to New York six hundred and eighty five Hogsheads of Tobacco, to contain on an Average one thousand pounds each, for twenty four thousand Dollars, the Amount of the Sales of the said Coffin under the Capitulation at York; which Agreement countersigned by the said Secretary, is dated the 30th of March last. It farther appears to your Committee, that by a Resolution of Congress dated the 30th day of May last, the Members of that Honorable Body who were deputed to repair to the Southern States should be authorized to make such Explanations to the Legislature of this State, as they should judge expedient, relative to the Agreement made between the Secretary of Congress, the Superintendant of Finance, and Ebenezer Coffin, pursuant to the Resolutions of the 11th Day of February. It farther appears to your Committee, that in Consequence thereof, and by a Resolution of the last Session of Assembly, the Governor was desired to give every necessary Assistance for the carrying the views of Congress and their Financier into due effect respecting the loading and clearing certain Flag Vessels with six hundred and eighty five Hogsheads of Tobacco. It farther appears to your Committee, from the Examination of Mr. Daniel Clarke, that nine hundred and five Hogsheads of Tobacco weighing nine hundred and eighty nine thousand five hundred and eighty-eight Pounds, were shipped by the said Mr. Clarke in the Ships New York and Fame; that the said Ships New York and Fame, were the Vessels to which Passports were granted by the Secretary of Congress, for loading the six hundred and eighty five Hogsheads under the Allowance aforesaid; that the said Mr. Daniel Clarke in Justification of his Proceedings produced a letter from the Secretary of Congress, which is dated the third of May last, and which, as he informs, came to his Hands on the 9th Day of July and is so by him indorsed which said Letter your Committee have thought proper to insert and is in these Words following:

“Sir,
I beg leave to transmit to your Care and Address two passports one for the Ship Fame, and the other for the Ship New York, which are sent from New York to carry away Tobacco for Goods sold under the Capitulation at York Town. The Persons interested have proved to my Satisfaction that they have sold Goods under the said Capitulation to the Amount of forty four thousand and thirty seven Spanish Milled Dollars and two-thirds of a Dollar; But as it cannot be ascertained how many Hogsheads each of the Vessels will carry I have left a Blank for the Number which I have to request the Favor of you to fill up; and send me an Account of the Quantity shipped in each Vessel; You will be pleased to procure Documents to shew that the Quantity shipped does not amount to more than the Sums above mentioned and that the same belong to the Traders Capitulant at York and no others. As no Return has been made to me of the Crew of the Ship New York, I must farther request the Favor of you to have their Names inserted in the Margin of the Passports and send me a List of them. I am Sir
Your obedient Humble Servant,

(Signed) Charles Thomson
(Dated) May 3 1782.
(Addressed) Mr. Daniel Clarke.[”]

It farther appears to your Committee from the Examination of Mr. Clarke that six hundred and eighty five thousand pounds of the said Tobacco was the Quantity contracted for by Mr. Morris with Mr. Coffin and that the Residue being three hundred and four thousand five hundred and eighty eight pounds was shipped on Account of the said George Eddy of Philadelphia who is Commissary of Prisoners and Agent for the Capitulants at York and that the same was shipped for the use of the Capitulants only, so far as he knows; that the Money for the Purchase of all the said nine hundred and eighty nine thousand five hundred and eighty eight pounds of Tobacco was advanced or furnished by Mr. Morris but that so much as was sufficient for three hundred and four thousand five hundred and eighty eight pounds was on Account and at the Request of the said George Eddy; that Mr. Clarke applied to no Authority of this State for Leave to ship the additional Quantity of Tobacco by him put on Board the said Ships New York or Fame.
Resolved That three hundred and four thousand five hundred and eighty eight pounds of Tobacco more than the Quantity specified in the Allowance of the last Assembly has been shipped on Board the Ships New York and Fame which appears to have been for the Capitulants at York and that no Return thereof has been made to the Executive of this State.
Resolved That the Delegates of the State in Congress be instructed to lay the above Statement before that Honorable Body and make Report to the next Session of Assembly.

Teste

John Beckley CHD

1782 December 28th

Agreed to by the Senate

Will: Drew C.S.

A Copy

Teste

John Beckley C.h.d.


Title: Benjamin Harrison to Virginia Delegates, 28 December 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentn.
Richd Decr. 28th. 1782
The post brot. no mail this week, of course I am without your usual favor.
The assembly will rise today but I really can not inform you what they have done, tho I was last night told they had order’d a large sum of money to Congress as soon as it can be collected, if it should be so, no delay shall take place on my side. I am so sensibly affected with the situation of your finances, that I want nothing but power to give you the assistance of this state to the utmost of its ability; much the greater part of the assembly have the same sentiments, yet they let their good nature get the better of their understanding, and frequently give to individuals what ought to be apply’d to the defence of America.
Charles Town was not evacuated the 27th of Novr. I begin to hear Shelburn is to try his strength in Parliament before that event will take place.
Of course, it will be precarious whether we regain it soon or not. I am
with the greatest respect your most obedient Humble Servant
Benj Harrison