Title: Report on Communication from La Luzerne, [1 May] 1782
From: Madison, James
To:

[1 May 1782]

The Committee to whom were referred the Communication &c laid before Congress by the Secy. of F. Affairs, submit the following resolutions.
Resolved. The Secretary of Fo. Affairs be directed to make a confidential communication to the Several States, of the intelligence recd. by Congress on the  day of  through his Department; in order that the States may be the more fully impressed with the necessity of, such, United & determined exertions as with the co-operation of our generous Ally will expell the Enemy from their remaining ports within the U. S. and display to the world the falsehood of the assertions of the British Court that the people of these States are neither united nor determined in support of their national Independence.
Resolved That the sd. Secy. be further directed to prepare and report to Congress a Manifesto exhibiting to the World the origin & justice of our cause, and in particular the several facts & arguments which demonstrate the Unanimity & unalterable firmness of the Citizens of the U. S. therein.


Title: Account with Edmund Randolph, [ca. 1 May] 1782
From: Madison, James
To: Randolph, Edmund

Editorial Note
Insofar as is known, the extant correspondence of JM and Randolph does not refer to this statement of account. JM obviously prepared it after Randolph left Philadelphia on 18 March. The first entry in the “Credt.” column may suggest that the statement was drafted before or shortly after Joseph Jones started from that city for Virginia on 2 May 1782. In his letter of 16–17 May, Randolph referred to his debt for the last time in his correspondence with JM (Randolph to JM, 11–13 April, 5, 10, 16–17 May 1782). This fact may indicate that at least by then Randolph had received JM’s statement. JM probably had been fully remunerated by the end of May. See his letter of 4 June 1782 to Randolph.

[ca. 1 May 1782]

E. R. to JM.
Dr.

Credt.

To ballance pd. at Mrs Houses
£14–11
By 54⅔ dollrs. recd. on E. R’s acct. out of 130 supplied to Mr. Jones by T. P.
£20–10

To share in stable
6

20–11

By old ballance 4. drs
[1–10]

To cash lent out of J.M’s share of 23 half Joes recd. from Pleasants
7–

22

To do. 12 Crowns
5

To do. at Bells 3 Crowns
1– 5
Note The 54⅔ drs. were drawn from the £130 in the hands of Mr Jones for the special purpose of pay to Mrs. House & for the stable

To do. pd. for Trial per [?] pair [?]

1–

£34–16

22

£12 16 bal: due.


Title: From James Madison to Edmund Randolph, 1 May 178[2]
From: Madison, James
To: Randolph, Edmund

Dear Sir,
Philadelphia, May 1, 178[2].

The case of the vessel captured within North Carolina was some time since remitted to Congress by Governor Harrison. I am glad to find your ideas correspond so exactly with those I had advanced on the subject. The legislative power over captures, and the judiciary in the last resort, are clearly vested in Congress by the Confederation. But the judiciary power in the first instance, not being delegated, is as clearly reserved to the Admiralty Courts of the particular States within which the captures are made. Captures made on the high seas must fall within the jurisdiction of the State into which it shall please the captor to carry them. It will be sufficient, I believe, to insert in the instructions to privateers, a clause for preventing the grievance complained of by North Carolina. The anger of Mr. Burke was erroneous in its principle, as well as intemperate in its degree. The offender being an officer of Congress, and not of Virginia, Congress, and not Virginia, should have been resorted to for redress.
On a consultation before Doctor Lee left us, it was determined that we ought to renew our attempts to obtain from Congress a decision on the cession of Virginia, before the meeting of the Legislature. The attempt was accordingly made, and produced all the perplexing and dilatory objections which its adversaries could devise. An indisposition of the President, which suspended the vote of Maryland, furnished an argument for postponing, which it was prudent to yield to, but which is now removed by the arrival of Mr. Wright, a new Delegate from that State. We shall call again on Congress for a simple answer in the affirmative or the negative, without going into any unnecessary discussions on the point of right; and should the decision be postponed sine die, we hope the State will consider itself at liberty to take any course which its interest shall suggest. It happens very unluckily that Virginia will only have two Representatives present during the interesting business. Mr. Jones cannot be prevailed on to wait the event. Colonel Bland thinks the validity of charters unimportant to the title of Virginia, and that the title of the natives militates against the claims of the companies. Is not my situation an enviable one?
A letter which I received a few days ago from Mr. Jefferson gives me a hope that he will lend his succor in defending the title of Virginia. He professes ignorance of the ground on which the report of the committee places the controversy. I have exhorted him not to drop his purpose, and referred him to you as a source of copious information on the subject. I wish much you and he could unite your ideas on it. Since you left us I have picked up several pamphlets which had escaped our researches. Among them are the examination of the Connecticut claim, and the charter of Georgia, bound up with that of Maryland and four others. Presuming that a better use will be made of them, I will send them by Mr. Jones, requesting, however, that they may be returned by the hands of him, Dr. Lee, or yourself, as the case may be.

A further communication from the French Minister informs us, that the Court of France laments the weakness of our army; insinuates the idea of co-operation in expelling the enemy from the United States; apprehends attempts to seduce the States into separate negotiations, and hopes measures will be taken to frustrate such views. I believe, from this and other circumstances, that the Court of France begins to have serious suspicions of some latent danger. It is extremely probable, that as the enemy relax in their military exertions against this country, they will redouble the means of seduction and division[.] This consideration is an additional argument in favor of a full representation of the States. In a multitude of counsellors there is the best chance for honesty, if not of wisdom.
The subject of Vermont has not yet been called up. Their agents and those of the land-mongers are playing with great adroitness into each others’ hands. Mr. Jones will explain this game to you. Colonel Bland is still schismatical on this point. I flatter myself, however, that he will so far respect the united opinion of his brethren as to be silent. Mr. Lee entered fully into the policy of keeping the vote of Vermont out of Congress.
The refugees from New York have lately perpetrated one of the most daring and flagrant acts that has occurred in the course of the war. A captain of militia of New Jersey, who unfortunately fell a captive into their hands, was carried to New York, confined successively in different prisons, and treated with every mark of insult and cruelty; and finally brought over to the Jerseys, and in cold blood hanged. A label was left on his breast, charging him with having murdered one of their fraternity, and denouncing a like fate to others. The charge has been disproved by unexceptionable testimony. A number of respectable people of New Jersey have, by a memorial, called aloud on the Commander-in-Chief for retaliation; in consequence of which he has, in the most decisive terms, claimed of Sir Henry Clinton a delivery of the offenders up to justice, as the only means of averting the stroke of vengeance from the innocent head of a captive officer of equal rank to the Jersey captain. The answer of Clinton was not received when General Washington despatched a state of the transaction to Congress.


Title: Observations Relating to the Influence of Vermont and the Territorial Claims on the Politics of Congress, 1 May 1782
From: Madison, James
To:

Editorial Note
Why JM prepared this memorandum at this time can only be surmised. Perhaps believing that the Vermont issue, which had been quiescent since 20 April, would come importantly to the fore within a few days, he wished to organize his thoughts about the matter and its complex relationships with other interstate boundary controversies and with issues involving cessions of western territory to Congress by the landed states. He may also have desired to provide Joseph Jones, who was to depart for Virginia on 2 May, with a memorandum which would be welcomed by public officials at Richmond (JM to Randolph, 1 May 1782).

May 1st. 1782.

The two great objects which predominate in the politics of Congress at this juncture are I. Vermont. II. Western territory.
I The independence of Vermont and its admission into the Confederacy are patronised by the Eastern States (N. Hamshire excepted) 1. from ancient prejudice agst. N York: 2. the interest which Citizens of those States have in lands granted by Vermont. 3. but principally from the accession of weight they will derive from it in Congress. N. Hamshire having gained its main object by the exclusion of its territory East of Connecticut River from the claims of Vermont, is already indifferent to its independence, and will probably soon combine with other Eastern States in its favor.
The same patronage is yielded to the pretensions of Vermont by Pennsylvania & Maryland with the sole view of reinforcing the opposition to claims of Western territory particularly those of Virginia and by N. Jersey & Delaware with the additional view of strengthening the interest of the little States. Both of these considerations operate also on Rhode Island in addition to those above mentioned.
The independence of Vermont and its admission into the Union are opposed by N. York for reasons obvious & well known.
The like opposition is made by Virginia N. Carolina, S. Carolina, and Georgia. The grounds of this opposition are. 1. an habitual jealosy of a predominance of Eastern Interests. 2. the opposition expected from Vermont to Western claims. 3. the inexpediency of admitting so unimportant a State, to an equal vote in deciding on peace & all the other grand interests of the Union now depending. 4. the influence of the example on a premature dismemberment of other States. These considerations influence the four States last mentioned in different degrees. The 2. & 3. to say nothing of the 4. ought to be decisive with Virginia.
II The territorial claims, particularly those of Virginia are opposed by Rhode Island, N. Jersey, Pennsylvania Delaware & Maryland. Rhode Island is influenced in her opposition by 1. a lucrative desire of sharing in the vacant territory as a fund of revenue. 2. by the envy & jealousy naturally excited by superior resources & importance. N. J. Penna: Delaware, Maryland, are influenced partly by the same considerations; but principally by the intrigues of their Citizens who are interested in the claims of land Companies. The decisive influence of this last consideration is manifest from the peculiar, and persivering opposition made agst. Virginia within whose limits those claims lye.
The Western claims, or rather a final settlement of them, are also thwarted by Massachussetts and Connecticut. This object with them is chiefly subservient to that of Vermont, as the latter is with Pennsylvania & Maryland to the former. The general policy and interests of these two States are opposed to the admission of Vermont into the Union, and if the case of the Western territory were once removed, they would instantly divide from the Eastern States in the case of Vermont. Of this Massachussetts & Connecticut are not insensible, and therefore find their advantage in keeping the territorial Controversy pending. Connecticut may likewise conceive some analogy between her claim to the Western Country & that of Virginia, and that the acceptance of the cession of the latter, would influence her sentiments in the controversy between the former & Pennsylvania.
The Western claims are espoused by Virga. N & S. Carolinas, Georgia & N. York, all of these States being interested therein[.] S. Carolina is the least so. The claim of N. York is very extensive, but her title very flimsy. She urges it more with the hope of obtaining some advantage, or credit, by its cession, than of ever maintaining it. If this Cession should be accepted, and the affair of Vermont terminated, as these are the only ties which unite her with the Southern States, she will immediately connect her policy with that of the Eastern States; as far at least, as the remains of former prejudices will permit.


Title: Motion on Delegates’ Financial Interest in West, [2 May] 1782
From: Madison, James
To:

[2 May 1782]

that the question be now taken on the proposition contained in the words following to wiz. [that previous to any determination, &c. (as recited yesterday) ] the same being the remainder of a proposition, on the first part of which a vote was yesterday taken on a call a division, and now intitled to decision without debate.


Title: Motion on Protection of Commerce, [2 May] 1782
From: Madison, James
To:

[2 May 1782]
Resolved That the Agent of Marine be instructed to employ the naval force of the U. States under his direction in such manner as will most effectually protect the Trade & Commerce of the U States, and that he be Directed to make application to any of the Commanders of the fleets of his M. C. M. or of his C. M. for such assistance as they may respectively be able to afford for the like purpose


Title: Motion on Point of Order, [3 May] 1782
From: Madison, James
To:

[3 May 1782]
That the sense of the House be taken whether it be in order to take into consideration a report from the Secretary of War which was read yesterday by the Secretary & has since lain on the table, unless the same be called for by a member


Title: Benjamin Harrison to Virginia Delegates, 4 May 1782
From: Harrison, Benjamin
To: Virginia Delegates

Gentlemen
In Council May 4th. 1782.

I am much obliged to you for your favor by the last post; the intelligence is agreable tho’ there is no immediate prospect of arriving at the wished for period; yet it will come in time. Who is fully informed of their being in an error, will open their eyes.
We wish not to have the Military Stores in Boston sold, unless they will bring something near value; we shall want them hereafter and they may then be got at less expence from where they now are than they can be [by] land carriage from any of the Iron works in this country. I am extreemly sorry I had not the pleasure of seeing the Chevalier whilst in Virginia. I was so extreemly lame that I could not wait on him, as I most certainly should have done if I had been well, and I had such repeated information of his coming up, that I did not write to him, expecting to see him every hour for ten days.
Will one of you Gentlemen please to make an apology to him for me and assure him that I am extreemly mortified at not seeing him here. I am with great respect &c.


Title: Motion on Supplies for Southern Army, [7 May] 1782
From: Madison, James,Cornell, Ezekiel
To:

[7 May 1782]
On motion of Mr. [James] Madison, seconded by Mr. [Ezekiel] Cornell,
Resolved, unanimously, That a committee be appointed to confer with the Superintendant of finance and Secretary at War, on the practicability and means of procuring supplies for the southern army by contracts, and report thereon.


Title: Report on Form of Public Audience for La Luzerne, [7–9 May] 1782
From: Madison, James
To:

Editorial Note
On 2 May 1782 the secretary for foreign affairs wrote to inform Congress that La Luzerne wished “a public audience” in order to deliver a letter from King Louis XVI “announcing the birth of a Dauphin” (Louis Joseph Xavier, d. 1789) on 22 October 1781 (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 235, 262). With his letter, Livingston enclosed a summary description of the formalities attending the audience accorded on 6 August 1778 by Congress to Conrad Alexandre Gérard as the first diplomatic representative accredited by France and suggested a few alterations which would make that ceremony suitable for use at the reception of La Luzerne (NA: PCC, No. 79, II, 133–37; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XI, 751–57; XXII, 246).
Upon receiving Livingston’s notification on 2 May, Congress immediately designated 13 May as the date for the audience (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 235). The docket of Livingston’s letter states that, after it was read on 3 May, Congress referred it to John Rutledge, Elias Boudinot, and JM. Congress evidently instructed this committee to be guided by the secretary for foreign affairs’ suggestions in recommending a ceremonial sufficiently elaborate and dignified to befit the importance of the occasion (William E. O’Donnell, Chevalier de La Luzerne, pp. 216–17, and nn.).
The committee’s report, strongly reflecting Livingston’s influence and mostly in the handwriting of a clerk, was laid before Congress on 7 May.

[7–9 May 1782]
The Committee to whom the Report of the Secretary of foreign affairs relative to the Ceremonial on admitting the Minister of France to a public Audience, beg leave to report the following, as proper to be adopted on this Occasion—
The Minister shall come in his own coach to the state house, & shall be received at the foot of the steps by two Members of Congress deputed for that purpose, who shall conduct him to his seat in the room of Congress,
As the Minister enters, the President & the house shall rise, The president remaining covered. The Minister shall bow to the president & then to the house before he takes his seat. The President shall uncover his head as he returns his bow. The Minister shall then seat & cover himself. The Members conducting him shall sit on each side of him. The Members of the house shall seat themselves
When the Minister speaks he shall rise. The President & house shall remain sitting till he has spoken & delivered his Letter by his secretary to the secretary of Congress, who shall deliver it to be read by the interpreter in the original language. The interpreter shall then deliver a translation to be read by the secretary of Congress, after which the president shall deliver his answer standing & covered, the Minister & the house also standing but uncovered. The president & the Minister having bowed to each other, & the latter to the house, who shall be standing to receive it; he shall be reconducted to the foot of the stairs of the state house, in the same manner in which he came in
That after the Audience shall be over, the house shall adjourn,
That places be assigned for the principals in the three executive departments under Congress—and for the President of Executive Council of the state
That General Officers, Judges of appeals, the treasurer, Pay Master Genl[,] Comptroller, Auditor & Chaplains of Congress, the assistants & principal secretaries in each of the Departments, be admitted without the bar of the house.
That the Secretary at War take order to receive the Minister with military honor, & to conclude the audience with the discharge of thirteen cannon—& a feu de joy of Musquetry & for the display of fire works in the evening at 8 o’clock
That all that relates to the placing the persons particularly admitted to the Audience, be under the direction of the Secretary of Congress
That each member of Congress be entitled to admit two persons & be furnished with tickets for that purpose by the Secretary.
That tickets be sent by the secretary for foreign affairs to such foreigners or other strangers as he may judge it proper to admit.
That on Monday next an entertainment be provided by Congress at the City Tavern,
That a letter be written to the Commander in Chief, & to the commander in the southern department by the secretary for foreign affairs, informing them of the public annunciation of the birth of the Dauphin, that the same may be published in both armies, with such demonstrations of Joy as their commanders shall respectively direct
That the Secretary for foreign Affairs also inform the Governors & Presidents of the respective States of the birth of an heir to the Crown of France, that the people of each State may partake in the Joy which an event that so nearly affects the happiness of their great & generous Ally cannot fail to excite.


Title: Virginia Delegates to Benjamin Harrison, 7 May 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir
Philada. May 7. 1782

Your Excellency’s favor of the 27th. ulto. came to hand yesterday. There has not been since time sufficient to procure the information the Executive wish for relative to the inhabitants lately transferred from the jurisdiction of Virginia to that of Pennsylvania. We shall endeavor to obtain it for the next post. The Se[c]retary of Congress assures us that 20 Commissions for armed Vessels were forwarded on the 30th. Ulto. in consequence of a letter from Mr. Blair on the subject. If that number is insufficient the balance shall be supplied on the first notice.
The enclosed Gazette will furnish your Excellency with all the parliamentary intelligence by which we are as yet enabled to interpret the views of the Enemy. The perseverence of the antiministerial party in the supposed efficacy of conciliatory overtures seems to be no less obstinate than that of the Court has been with respect to military coercion, and as manifestly portends a delay of peace. The path of our duty under these circumstances cannot be mistaken. A scrupulous fidelity to our foreign engagements & a vigorous preparation for expelling the enemy from our Country must press them selves on every attention.
Letters from Spain inform us that the Garrison taken at Minorca consisted of 26,00 including every description, but 1500 only of effective troops; and that this success of the Spanish arms would be followed by redoubled ardor in the siege of Gibraltar. Our affairs at this court make no progress whatever toward the allyance sought for. If it does not take place at all we shall have at least the consolation of saveing the Mississippi.
We have been supplied with no news of late from the W. Indies, owing cheifly to the success of the Enemy’s Cruisers on the inward as well as outward bound trade of this river, which is in a manner annihilated by them.
We have the honor to be with sentiments of the highest respect Yr. Excelly’s obt. & very hble servants.
J. Madison Jr.Theok: Bland Jr.


Title: From James Madison to Arthur Lee, [7] May 1782
From: Madison, James
To: Lee, Arthur

Dear Sir
Philada. May [7,] 1782

The letter inclosed herewith came to my hands from the Eastern post. I forward it not knowing how far its contents may interest you.
The parliamentary intelligence published in the gazette of this morning shews that some revolution in the Councils of the Legislative branch has taken place, which will probably have some effect on those of the Executive. But as the delusive idea of a federal if not a political connection with this Country founded on the ruins of its connection with France, still pervades their policy, no conclusion whatever can be drawn from it that will justify the smallest relaxation in our public measures. The efficacy of conciliatory overtures seems to be as foolishly & obstinately persisted in by one party as that of Military coercion has been by the other; and if the former should be indulged in their favorite experiment, it is more probable that their disappointment & vexation will make them converts to the views of the latter, than that both parties will lay aside their prejudices & embrace the terms we hold out to them.
A letter from Mr. Jay & two from Mr. Carmichael were recd. yesterday. They all speak the same language with that recd. from the former a little before you left us. The success of the Spanish arms at Minorca will we are told be followed by redoubled efforts against Gibralter.
We have several times repeated our call for the order on the Western Cessions, and have in every instance experienced a repetition of the same indecent obstructions & evasions of which you were a witness, & which nothing will explain but the cause to which we have from the beginning imputed them. It will neither be consistent with the respect we owe to our own public characters nor with the dignity of those we serve, to persist longer in fruitless applications to Congress for an answer. We shall therefore wind up the business as well as we can in a few days, and transmit a state of it for the G. Assembly, who will certainly be fully justified in taking any course with respect to their Western claims which the interest of the State shall prescribe.
I am Dr [Sr?] [yr.] sincere frd. & hble sert.
J Madison Jr


Title: From James Madison to Edmund Randolph, [7] May 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir,
Philadelphia, May [7], 1782.

The enclosed gazette details all the information which we have received relative to the parliamentary advances towards a negotiation with the United States. The first reports which issued from the packet which brought them, were of a very different complexion, and raised high expectations of peace. We now find the ideas of the opposition, as well as the Ministry, to be far short of the only condition on which it can take place. Those who are the farthest reconciled to concessions calculate on a dissolution of the compact with France. The Ministry will yield to the experiment, and turn the result upon their adversaries. Our business is plain. Fidelity to our allies, and vigor in military preparation,—these, and these alone, will secure us against all political devices.
We have received no intelligence which speaks a danger of a separate peace between the Dutch and Great Britain. Mr. Adams’ request of a categorical answer was taken, ad referendum, prior, if I mistake not, to the knowledge of Cornwallis’ fate; and it is not likely that after that event they would be less disposed to respect our overtures, or reject those of the enemy.
We have letters from Mr. Jay and Mr. Carmichael of as late date as the twenty-seventh of February. They differ in nothing from the style of the former. The conduct of the Spanish Court subsequent to the date of the letter received the day preceding your departure, corresponds entirely with the tenor of it as therein related. Mr. Jones will inform you of the act of Congress which that letter produced.
We have made no progress in the Western subject. We mean to desist, after one or two more attempts, and state the matter to the Assembly by next post, expecting that they will pursue such measures as their interest prescribes, without regard to the resolutions which proposed the cession.
I beg you to keep me punctually informed of every legislative step touching the Western territory. I suppose the cession cannot fail to be revoked, or, at least, a day of limitation set to it. The condition relative to the companies will certainly be adhered to in every event. I find that those who have been against us do not wish to lose sight of the prospect altogether. If the State is firm and prudent, I have little doubt that she will be again courted. Previous to Mr. Jones’ departure, our opinions were united on the expediency of making the impost of five per cent. subservient to an honorable adjustment of territory and accounts. I have since discovered that Varnum is left out, the latter having promoted it, and that Chase is inflexible against it. Massachusetts also holds out. The expedient, therefore, would not be efficacious, and clamors would be drawn on Virginia, which it would be best should fall elsewhere. Show this to Mr. Jones. He will be with you about the twentieth instant.


Title: Revised Reply of President of Congress to La Luzerne, [ca. 8–12] May 1782
From: Hanson, John,Madison, James
To:

Sir,
Philadelphia, May [ca. 8–12,] 1782

The repeated Instances of Friendship which the United States of America have received from His Most Christian Majesty give him too just a title to their affections to permit them to be indifferent to any event which interests his happiness. Be assured Sir that Congress learn with the most lively Satisfaction that it has pleased the divine giver of all good gifts to bless their august ally with an heir to his throne. Our earnest prayer is that he may with it inherit the virtues which have acquired to his Majesty so much glory & to his dominions so much prosperity, and which will be the means of cementing & strengthening the Union so happily established between the two Nations.


Title: Motion on Mission to Portugal, [8 May] 1782
From: Madison, James
To:

[8 May 1782]
Thereupon, on motion of Mr. [James] Madison, seconded by Mr. [Edward] Telfair,
Resolved, That it be an instruction to Mr. Jay not to send Mr. Carmichael to the Court of Portugal in pursuance of the resolution of the 11th day of July, 1781, unless he shall have good grounds to expect that such a measure will attain the object proposed by the Superintendant of Finance.


Title: Motion on Promotion of Colonel Otho Holland Williams, [9 May] 1782
From: Madison, James
To:

[9 May 1782]
General Green commandg. the Army of the U. S. in the S. Department, having represented to Congress that the appointment of a Brigadr. General to command a Brigade in the Maryland line of the Army was rendered expedient by the proposed formation of the sd. line into 2 brigades, & having recommended Col. Otho Williams as an officer whose distinguished Talents & services give him a just pretension to such appointment, which recommendation is also supported by the testimony of the Commander in Chief in favr. of the said officer,
Resolved That in consideration of the distinguished Talents & Services of Col. O. Williams he be & hereby is appointed a Brigadr. General in the Army of the U. States.


Title: To James Madison from Jacquelin Ambler, 11 May 1782
From: Ambler, Jacquelin
To: Madison, James

Dear Sir
Virginia Richmond May 11th. 1782
I am exceedingly obliged by the friendly sentiments in your last respecting my late appointment. I have not been long enough in it to determine whether it will be attended with less inquietude than the former, but I think I discover a greater degree of trouble.
Mr. Webb seems determined to set out on Monday; if so he will probably reach Phila. as soon as this gets to hand; it gives me satisfaction to think you will be speedily reimbursed for the Money advanced Mr. Jameson. I sincerely wish our Treasury would enable us to make you a remittance. We have not had ten pounds Specie in it since my coming into Office, and it is much to be feared there will not any come in for a long time. The People begin already to complain of the burthen laid on them by the last Assembly, & make no scruple of asserting the impossibility of raising hard Money for the Land Tax. Want of Commerce prevents a due circulation of what Money is in the State, so that tho’ the Army of our Allies spend some with us, it remains in few hands. The Officers of Civil Government have not been paid for the last ten Months; my Quarters Salary in the Spring of 1781. amounted to 9-16- at the then depreciation. We don’t know what to make of this intelligence under the Philaa. Head May 2. 1782 I hope your next will throw some light on the Subject
Yours with great esteem & regard
J: Ambler


Title: To James Madison from Edmund Pendleton, 13 May 1782
From: Pendleton, Edmund
To: Madison, James

My Dear Sir
Virga May 13th 1782
The last of yr favrs I have to acknowledge is that of April the 23d., a subsequent one I missed hitherto, as I was not return’d from Richmond when the Post rider pass’d my House & he carried it there, but I had left that place before his arrival, & must wait his return for the pleasure of receiving it. I am however in more anxiety for your next, as I expect in that a confirmation of a piece of News Which has been brought from your City that has almost intranced Us; No less than Our darling Independancy having been acknowledged by Parliament; a measure so pleasing and important, & at the same time so unlook’d for at this juncture, when the Ministry had Menaced a more Vigorous prosecution of the War than ever, that we scarce can give credit to repeated Assertions of its reality, by several credible Passengers from thence, and I must wait two days more ’til I shall have from you an Account I can depend on. If it be so, and a general Peace not in Treaty, it will become Us to be on our guard, since they must mean, whilst continuing the War against our good Ally, to trie every Art of Corruption to detach Us from them, and endeavour to seduce Us into a Seperate Peace, a more certain destruction than their Arms could ever have brought upon Us; But on this head I am not uneasy, since it being impossible that any friend to America can make a proposition of that sort, I hope the Uttering such a Sentiment, will be considered as marking the author for an Enemy, and stop his influence.
Whether this great event has taken place or not, Our Eyes must be turn’d to the West Indies, as the great Theatre for playing this Campaign; whether it will be real Tragidy which may decide the fate of the War, Or a Repetition of the Farce acted for two or three seasons in the British channel, time must decide; in the former case we have much to hope from the Superiority of our Allies.
I left Richmond  had appeared, which number  79 are  Jeffer


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

Sir
Philada. May 14th. 1782
In our letter of the 17th Ulto. we informed your Excelly. that we had called upon Congress for a decision on the report of the Committee on the territorial cessions, a copy of which was inclosed in our letter of the 17th. of Novr last; and that a day had been assigned for the consideration of that report. The extract from the Journals of Congress herewith transmitted, shews the progress of the business down to the 6th. of May, when it was postponed sine die.
Our revival of this subject at the time above stated proceeded from the manifest expediency of obtaining from Congress such a decision thereon, as would explain their ultimate views, and enable the Genl. Assembly at their present Session to take such measures as the case required. During a suspension of this decision of Congress, the misrepresentations & fallacies contained in the report supplied to interested persons, abundant calumny against Virginia; and the precautions which her Western interests might dictate, were exposed to be animadverted upon as premature & improper. These considerations were urged upon Congress as equally obliging the State to demand and them to give a definitive answer either in the affirmative or negative to her cession. Congress were reminded too that this cession was proposed not from any interested motives on the part of Virginia, nor even originated with her, but was made at the instance of Congress themselves, who pressed it upon her as a sacrifice essential to the general Interest; that the least therefore that could be expected from Congress was a speedy attention & explicit answer to it. These considerations, weighty as they were in themselves, made little impression, nor were they other wise answered, than by the evasive propositions & unseasonable adjournments stated in the extract from the Journals. The only solid objection of which the case admitted, and which on a former occasion prevailed, was a thinness of the House. But on this occasion there were both at the time of assigning a day for the discussion of the report, & of the vote which finally postponed it, no less than eleven States present, a number which experience has shewn to be greater than can be calculated upon at any given future period. During the course of the business the number was indeed reduced to nine States by the voluntary departure of a member for Connecticut & of another for Delaware; and advantage was taken of that conjuncture, as will be seen in the extract above referred to, to introduce the proposition made by Mr. Clarke & Mr. Ellery on the first instant.
Having pursued this subject to the issue of a postponement sine die, and having found from the temper of a great part of Congress, as well as the repeated declarations of individual members on the floor, that no other issue was to be expected, we thought it inconsistent with the respect due to the State we represent, to other public business, and to our friends in Congress, to persist longer in urging it. We accordingly apprized Congress that such was our determination, and that we should forthwith transmit a State of the whole proceeding to our Constituents, with whom it would remain to take such Steps as it should suggest. What these Steps ought to be we presume not to point out. We are persuaded that they will be the result of mature & temperate deliberation, and that they will equally tend to the honor of the State & the security of its interests. We only entreat that whatever Duties they shall assign to us may be chalked out in full and precise instructions. Possessed of such instructions we shall not only speak and act with greater confidence & satisfaction to ourselves, but with greater weight and effect with respect to others. Indeed the advantage of being able to speak the declared sense of our constituents is so great that we can not but intimate the expediency of our being furnished with it on all questions which involve their important interests.
Intelligence from the W. Indies renders it pretty certain that an action has lately taken place between the French and British fleets in that quarter. The result is not circumstantially known, but there is reason to believe that it was considerably in favor of the former wch. preserved its convoy and prosecuted its course to Hispaniola. At this place it is universally understood that a junction was to be made with the Spaniards, and that the combined armaments were to proceed from thence agst. Jamaica.
The Gazettes which accompany this will inform your Excellency of the revolution which has taken place in the British Ministry, and of the arrival of General Carlton at N. York in quality of Commander in cheif, and joint Comissr. with Admiral Digby for treating of peace with America. A letter was [received] yesterday by Congress from Genl. Washington inclosing one to him from Genl Carlton in which the latter announces his arrival, his commission, the pacific disposition of G. Britain towards this country, and his personal desire in case the war should be continued, of rendering it as little destructive as possible; and finally requests a passport for Mr. Morgan his Secy. to convey a similar letter of compliment to Congress. Genl Washington’s letter is not yet answered, but we run no risk in assuring your Excelly. that he will be directed to refuse the passport to Philada. for Mr. Morgan.
The late proceedings in the British Parliamt. with the avowed repugnance of the New Ministry, particularly of Ld. Shelburne the Minister for the American Department, to a recognition of our Independence and of our Alliance with France, forbid any hope that a peace on that ground is the object of the Commission just mentioned. On the contrary we have every reason to suspect that its object is to seduce us from the latter if not from both of those essential preliminaries to peace. The stile of Genl. Carlton’s letter to Genl Washington perfectly coincides with this Suspicion. It gives us great pleasure to be able to observe on this occasion, that the apparent unanimity & firmness of Congress, afford every security to the honor & rights of the U. States wch. depends on their Councils.
A public Audience was yesterday given to the Minister of France in which he announced in form the birth of a Dauphin. The important light in which this event is regarded by the French Nation, and more especially the present conjuncture of public affairs rendered it proper to testify our satisfaction in it by the demonstrations specified in the Gazette of this morning.
We have been disappointed in procuring the Legislative proceedings of this State relative to the Inhabitants of the district lately in dispute between it & Virga. We are assured that the whole will be printed in time to be sent by the next post. The explanation & apology which your Excelly’s favor of the 4th. instt. wishes to be made to the Chevr. de la Luzerne shall be duly attended to. We shall also transmit the orders you think expedient with regard to the Stores at Boston.
We have the honor to be with sentiments of the highest esteem & respect Yr. Exc[e]llency’s Obt. & very hbl. Servants
J. Madison Jr.Theok: Bland Jr.


Title: From James Madison to Edmund Randolph, 14 May 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
Philadelphia May 14. 1782
The Ceres man of War we are informed by a New York paper arrived there in twenty five days on the 5th. instant having on board his Excellency Sir Guy Carleton, Commander in chief &c., and Commissioner for making peace or war in North America. The intelligence brought by this conveyance is that the vibrations of power between the Ministry and their rivals had terminated in the complete dissolution of the former organization of the latter. What change of measures will follow this change of men is yet concealed from us. The bill for empowering the King to conclude a peace or truce with the revolted Colonies in North America had been brought into Parliament on the 27th. of March. The language of it is at the same time cautious and comprehensive, and seems to make eventual provision for our Independence, without betraying any purpose of acknowledging it. The terms peace and truce are scarcely applicable to any other Conventions than National ones. And the King is authorized to annul or suspend all acts of Parliament whatever as far as they speak of the Colonies. He can therefore clearly remove any parliamentary bar to his recognition of our Independence and I know of no other bar to his treating with America on that ground. All this is however very different from a real peace. The King will assuredly prefer war as long as his Ministry will stand by him, and the sentiments of his present Ministry, particularly of Shelburne are as peremptory against the dismemberments of the Empire as those of any of their predecessors. They will at least try a campaign of negociation against the United States and of war against their other enemies before they submit to it. It is probable that the arrival of Sir Guy Carleton will not long precede an opening of the first campaign. Congress will I am persuaded give a proper verbal answer to any overtures with which he may insult them but the best answer will come from the States in such supplies of men and money as will expel him and all our other enemies from the United States.
We have at length brought our territorial business to an issue. It was postponed sine die on the 6th. instant. We have transmitted the whole proceeding to the Governor to be laid before the Assembly.
There are various accounts from the West Indies which render it pretty certain that an engagement has taken place between the two fleets. The circumstances are not ascertained. The issue seems at least to have been so far in favor of our Allies as to leave them free to pursue their course with their Convoy to Hispaniola, where a junction is to be made with the Spaniards. The object of this junction is universally supposed to be Jamaica.
Since I finished the above a letter has come to Congress from General Washington enclosing one to him from Sir Guy Carleton announcing his commission in conjunction with Admiral Digby to treat of peace with this Country, and requesting a passport for his Secretary Mr. Morgan to bring a similar letter of compliment to Congress. The request will certainly be refused and General Washington probably directed to receive and forward any despatches which may be properly addressed to Congress.
A public audience was yesterday given to the Minister of France, in which he formally announced the birth of the Dauphin. It was deemed politic at this crisis to display every proper evidence of affectionate attachment to our Ally. The Minister was accordingly received with Military honors and the audience concluded with the discharge of cannon and a feu de joi of small arms. A public entertainment followed and fireworks (at night-left out) closed the scene.
The answer reported by the Committee on Mr Dana’s letter (animadverted on his precipitancy and/left out) gave him a cautionary instruction. It afterwards went to the Secretary of foreign affairs and thence I suppose in his dress to Petersburgh. Mr. Jones will give you more satisfactory information on this as also with respect to the answer of Mr. Jay’s letter.
Your surmises relative to a revival of paper currency alarms me. It is impossible that any evil can render such an alternative eligible. It will revive the hopes of the Enemy [,] increase the internal debility of the State, and awaken the clamours of all ranks throughout the United States against her. Much more to Virginia’s honor would it be to rescind the taxes, altho’ the consequence of that can but be of a most serious nature.


Title: To James Madison from Arthur Lee, 16 May 1782
From: Lee, Arthur
To: Madison, James

Dr.[?] Sir:
Richmond May 16th. 1782
I am extremely obligd to you, my dear Sir, for yr. favor of the —— together with the letter enclosd, which you were so good as to forward. It seems to me that the Party in G. Britain who flatter themselves, at this period of the contest, with being able to conciliate us; are still more weak than that which hopd to reduce us by force. To suppose we can dishonorably abandon Allies who have assisted us, for Enemies who have endeavord to destroy us, merely because those endeavors have been frustrated, to suppose we shoud of choice adopt a character of the extremest folly & perfidy, when we can with more security adhere to honorable engagements, & enjoy a reputable name; is worthy of those only, who in the whole of this business, seem to have been acting under an immediate visitation from Heaven to their shame & ruin.
This is the third day that we have had a House. Mr. Tyler is again our Speaker. A Committee is appointed to prepare Instructions for us. And when the appropriation of the taxes comes on care will be taken to provide for the support of the Delegation. I am inclind to think that the flags sent here by Mr. Morris for Tobacco for the N. York Merchants, will be returnd empty; the House of Delegates not seeming disposd to suffer any such practice. We are exceedingly embarrassd about raising hard-money for recruiting & other necessary purposes of Government. Not a shilling can be borrowd, distant & inadequate as the taxes are they are complaind of as oppressive; there is little money in the State, & as little prospect of more coming in. That fatal article in the capitulation which allowd the British Merchants to sell their goods at York, was so speedy & effectual a drain from us of Specie, as to throw an insurmountable bar in the way of all Operations depending upon this.
I shall be very much obligd to you for a continuation of your correspondence, & particularly for what is receivd from our Ministers in Europe.
May I take the liberty of requesting you to receive the Contents of the enclosd Bill, & keep them subject to my order? Please to make my Compts to the Ladies & Gentlemen of your House.
Farewell.
A. Lee


Title: To James Madison from Edmund Randolph, 16–17 May 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Richmond May 16. 1782.
Mr. F. Webb, who left this place yesterday for Phila., is the bearer of a bill for 20 £ Penna. currency. I have requested him to deliver it to you. As it was not put into my hands, after it was drawn, I wish you may not meet with some impediment in the negotiation of it. For if it was drawn in my favor, the forms of business seem to require my indorsement, to assign it to another. However, I suppose congressional reputation is not yet so low, as to render such a difficulty unsurmountable, from a suspicion of your having acquired the bill thro’ fraud.
Your favor of an uncertain day of may will answer, when united with your official letter to the governor, an important purpose. It will reinforce the essential doctrine of fidelity to our allies, and alienatio[n] from G. Britain, which seems so necessary at this day to our political salvation, and is therefore urged by me with some earnestness.
On wednesday last the house of delegates met for the first time since the new election. An opposition to Mr. Tyler, the late speaker, was rumoured, before the matter came to a crisis, but was dropped, when he was proposed for the chair. Mr. R. H. Lee was mentioned, as the competitor.
Mr. Jefferson has informed the house of his election into their body and tendered a resignation. This they refuse to accept, grounding the refusal upon his own principles, delivered on a similar occasion.
Mr. Henry will be down on the 20th. inst. During the interregnum, occasioned by the absence of these two gentlemen, it is probable that a considerable degree of influence will run in the channel, suggested in my letter of last week. On this event our resolution against British goods may be harshly treated. But, I confess, that the poison of those sentiments, by which it has been opposed, does not appear to have diffused itself so widely, as I once thought it had. The cool and unprejudiced yield to the necessity of our circumstances: and call the resolution the touchstone of our attachment to the alliance. The governor himself has been moderate making no other mention of it in his public letter than mere[ly] by sa[y]ing that he had re[c]ieved [it.] The common objections to the measure recommended are that the encouragement of free importation will produce m[o]re certain, ample and cheap supplies—that it is strange, that we should be so defective in policy, as to suppress the consumption of British commodities, when G. Britain herself, who is at least as wise as Congress, has evidenced her determination by the capture of St. Eustatius to cut off the advantages, which we otherwise should draw from her trade—and that the northern states will acquire infinite emolument, as they can cover successive importations from the British dominions under invoices of a small quantity of captured merchandize. The futility of this discourse surely proves little else, than an undistinguishing, and, in some instances, a malicious mind. You must take the trouble of informing me, as soon as possible, of the yeas and nays on passing the resolution. Rhode-Island, I am sure, was at least divided: and, howsoever the vote of Penna. might have ultimately been, much disgust was discovered against the measure by one of its members.
The governor’s public letter was voluminous. It contained, among other things, his various correspondence with Mr. Morris, and some part of his epistolary intercourse with us. The report of the commee on the cessions was the most capital figure. The whole[?] mass was referred to a commee of the whole house. After the reference, Dr. Lee rose, and delivered in at the clerk’s table authenticated lists of the companies’ names; but I am not well satisfied, that such documents, as these, can throw much light upon the inquiry, howsoever they may furnish [the intelligence?] for malice.
It is certainly the professed design of the two Lees to ruin Mister Morris. Nothing can be produced from his office to which some parvenu construction is not given. [The] two Lee[s] [give?] a state of the finances much to the disadvantage of that gentleman, extracted, as is asserted from hi[s] own letter to Congress. I have contradicted the malici[ous] account. You will oblige me by forwarding the history of his expen[ces], which he reported soon after the siege of York. Can charity itself invent an excuse for these movements? Pray send me a short extract from this paper.
Colo. Carrington arrived two days ago. He brings with him some of Mr. Morris’s notes which will possibly disarm his enemy.
Mr. Lee and myself yesterday presented a request for instructions upon the four great points. Being the writer of the letter, I did not fail to hint, without possible offence, to any body the absolute Necessity of the measure. Our letter was referred to a committee, and this necessity seems to impress the whole assembly. As for myself, I had a decent opportunity for avoiding an examination before the house, by substituting Mr. Lee in my stead for every occurrence, which happened after his arrival at congress. I have taken care however to procure an audience for myself, if the resolution against British goods should be impe[a]ched.
Governor Harrison has suggested to the assembly the propriety of subjecting the court of admiralty to the controul of the executive in cases of foreigners. There is surely great reason in the idea: but I fear, our constitution forbids the execution of it.

May 17. 1782.
The badness of the weather has prevented me from being in Richmond to day. I have just heard, that the passports, which were granted for the tobacco, to be transported from hence to New-York came into discussion. Mr. R. H. Lee is said to have denied the power of congress to grant them. It is true, that the interdiction of the exercise of powers, not specially delegated, bears hard against this particular one. But how nearly will the impotence of congress resemble the umbra magni nominis, if so natural an inference from the exclusive jurisdiction in war is protested against. It astonishes me, that this business should be first discussed, as if it were the first in dignity. What does it argue to your mind? I understand, that no resolution is formed upon the subject, as yet. I omit the inclosure of a newspaper, because Mr. Hayes informs me, that he sends one weekly. I shall take his information to be just, unless I shall hear the contrary.
I hope Browse has received his hat from Parish. I left the price of it with Mr. Norton.


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

Gentlemen
In Council. May 18th: 1782.
We are obliged to you for your communications of the 4th. Instant; I hope there can be no doubt of America’s complying strictly with her engagements to our Allies; there is none here every person that I converse with seems to think it our Interest as well as duty. Our Assembly is at last doing duty and from the complexion of the house I have great hopes something clever will be done. The sending Ships of the enemy here to load Tobacco for the British Merchants gives great umbrage, as indeed it ought; we have suffered too much already by an intercourse with the British. I beg of you never to countenance it again, for be assured if you do, it will be attended with bad consequences, as no means will be left untried to bring the people over to comply with the views of the British Parliament. The offer that Mr Morris has accepted was in part made to me and would have been attended with great advantage to the state in her distresses but was refused as inconsistent with our duty to our Allies and to America.
I am. &c.


Title: From James Madison to James Madison, Sr., 20 May 1782
From: Madison, James
To: Madison, James

Hond Sir
Philada. May 20th. 1782
Having written a letter and inclosed with it a large collection of Newspapers for you which was to have been carried by Mr. J. Smith, but which I have now put into the hands of Capt: Walker, whose return will be quicker, little remains for me to add here. Our anxiety on account of the West India news published at New York is still supported by contradictory reports and conjectures. The account however to which Rodneys name is prefixed renders our apprehensions too strong for our hopes. Riving[t]on has been very bold in several of his spurious publications, and at this conjuncture might venture as far to serve a particular turn as at any. But it is scarcely credible that he would dare or be permitted to sport with so high an official name.
If Mr. Jefferson will be so obliging as to superintend the legal studies of Wm. I think he cannot do better than prosecute the plan he has adopted. The interruption occasioned by the Election of Mr J. altho’ inconvenient in that respect, is by no means a decisive objection agst. it.
I did not know before that the Letters which Mr. Walker was to have carried last fall had met with the fate which it seems they did. I shall be more cautious hereafter. The papers missing in your list were I presume[,] for I do not recollect, contained in them.
The short notice does not leave me time to obtain the information you ask as to Stills. I have never heard of Iron Stills being cast here, nor do I know the price of Copper ones.
If Continental money passes here at all it is in a very small quantity, at very great discount, and merely to serve particular local & temporary ends.
It has at no time been more difficult for me to fix my probable return to Virga. At present all my Colleagues have left Congress except Col. Bland, and it is a crisis which calls for a full representation from every State. Anxious as I am to visit my friends as long as I sustain a public trust, I shall feel a principle which is superior to it. The state of my finances also, unless the Assembly shall make a different provision for the Delegation from what has hitherto been in force, will be a serious bar to my removal from this place. I shall I believe be under the necessity of purchasing a carriage of some kind besides discharging considerable arrears, & where the means for effecting either are to be found is totally without my comprehension.
Capt: Walker tells me you have a [colt?] which you propose to reserve for a Stu[d.] If he be not very fine, I should be exceedi[ngly gra]tified in his being prepared for the saddle. [Neither] of the Horses I have here is fit for that use, [in?] that both of them are growing too old f[or] further use of any kind. With my very affectio[nate] regards for all the family
I am yor. dutiful son
J. Madison Jr.


Title: To James Madison from Joseph Jones, 21 May 1782
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Spring hill 21st. May 1782
The friendly visits of my Neighbours and acquaintance[s] since my return has and still continues to occupy my time[.] having not been free from Company since the day after my geting home, of course I have thought little of those matters which used while in Philadelphia to employ our attention and have not yet fixed the time of my visit to Richmond wh. will be regulated by information from there. our last accounts (whether true I know not) but your advices by the Post will inform you, say there was a House on Wednesday last. if so I shall in eight or ten days pay my respects to them. It is said several petitions will be presented urging a further emission of paper currency as indispensibly necessary to supply the scarsity of specie. some through folly, others from wickedness may countenance this measure but I cannot believe there can be found in the Assembly a Majority of those Characters untill the fatal adoption of the proposition shall convince me of my mistake. It is certain that specie is either very scarse or if in the Country locked up as the want of it is universally complained of by the planter and merchant. It must be very scarse or our commerce very languid as I am told good merchantable flour may be purchased over the mountains for 7/6 P hundred and I know Tobacco (upland too) will not produce upon this River 2d. Cash. the reason assigned [is] want of money to purchase. imported articles in general 100 PCt. higher than in Philadelphia and as the great part of the goods for sale come from that quarter and of late from N. York thu[s? i]t is easy to account for the drain of specie and what must be the consequence to these States from such a ruinous trafic and a hampered commerce.
I have not been able to find your pamphlet among my Books & papers. shod. I come across it you may be certain proper care shall be taken of it and conveyed by the first safe hand. did you not lend it to Mr. Lee or Col. Bland? I think you had it from me sometime before I came away and for the perusal of one of those Gentlemen? pray my friend let me have the Revolutionist from No. 4[.] I have it to that number. The April packet from England may be daily expected at New York[.] by her we may probably hear the result of the proceedings in consequence of Genl. Conways motion. I hear little of recruiting our line. the business, they say, is at a stand for want of money as indeed is almost every other public exertion. some military men say they could recruit our line if they had a specie bounty to offer. this cannot be furnished untill the Taxes bring it in and these, if at all, will not be productive untill October. Virga. will therefore this summer have few [m]en in the field unless for the spur of the oc[casion]. perhaps the assembly may thin[k it] necessary to order out a Body for the ti[me being?] Mrs. Jones begs her Compliments to the Ladys and joins me in the same to Col. Bland and yourself
Yr. aff Friend & Servt.
Jos: Jones.


Title: From James Madison to Edmund Randolph, 21 May 1782
From: Madison, James
To: Randolph, Edmund

Dear Sir
Philada. May 21st. 1782
Your favor of the 10th. was recd. yesterday. I suspect that I have expressed myself ambiguously with respect to Mr. Jefferson. He does not alledge ignorance of the report of the Committee, but of the title of N.Y. which is the ground on which the report places the controversy with Virga.
I have no addition to make to the European intelligence contained in my last. The answer to the request of Carlton went in the negative as I anticipated. The intelligence published at N. Y. relative to the action in the W. Indies, has converted our hopes into apprehensions. The evidence recd. of the favorable issue mentioned last week, appeared so clear & satisfactory that full credit was given to it. It is not even yet totally invalidated, but the opposite scale is fast preponderating.
The final report of our suit to Congress for an answer to the Western Cession was sent by the last post. Mr. Jones can explain every thing relative to it[.] I feel myself much disburdened by the termination of the business. If it sd. be revived here in consequen[ce] of steps taken by the Legislature, I flatter mys[e]lf it will be under circumstances less embarrassing.
We have recd. a remittance from Mr. Ross which renders it unnecessary for you to go out of the way to remit the small sum I advanced for you.
I am prevented from adding another paragraph by the want of the Cypher which Col. Bland has in his possession & is making use of.
Adieu
J. M. Jr.
The Govr. has not inclosed us any letter either from Mr. M. or the Minister of F. but a letter from him to each. Obtain a perusal if you can of that to the latte[r] & I shall hear from you &


Title: To James Madison from Edmund Randolph, 21–24 May 1782
From: Randolph, Edmund
To: Madison, James

Dear sir
Richmond May 21. 22. 23. 24. 1782.
The information, contained in my two last letters, has appeared within these two days to be erroneous. Our resolution against British merchandize passed the committee of the whole house without opposition. An attempt was indeed made to except salt: but Mr. R. H. Lee scouted it out, as I was informed. A bill is ordered to be brought in upon it.
But so strange is the revolution of things, that this very act of congress became the reason, why the passports, granted under their authority, for the transportation of tobacco to New-York, were yesterday reprobated. I intend to transmit to you a copy of the proceedings. The arguments against the power of congress were first drawn from the non-enumeration of it in the confederation. This ground soon appeared untenable; and resort was had to the distinction, that passports might issue under their direction for legal purposes; but not for illegal, & that the shipping of tobacco for our enemy was an illicit commerce; as contravening a law of the state. But the 14th. article of the treaty of amity with France seemed to operate most strongly on the minds of the house. You will observe, that this article forbids any property of the Americans to be put into hostile bottoms. I was summoned to state the matter, as it appeared to congress, when the resolution of the 13th. of february was entered into. I informed them, that no debate arose on the occasion, because no distrust was harboured even by the most jealous of congressional usurpation concerning the power of granting these passports. I affirmed my opinion to be, that the 2d. article ought not to be understood literally: but that the words “expressly delegated” meant an obvious and direct consequence from the general powers, briefly sketched in the confederation: that the exclusive right of determining on war and peace, and the direction of military operations obviously and directly led to the power of granting passports: that a law of the state in 1776. subjected those, who exported Virginian produce to Great Britain, Ireland, or the British W. Indies to certain penalties, unless such exportation was authorized by congress, and thereby plainly justified this assumption of power & that altho’ we ranked ourselves among the firmest friends of the Alliance and fixed enemies to the introduction of British manufactures we did not conceive, that we derogated from either that friendship or that enmity, by asserting the right of congress on this subject. I added in answer to the objection, which the treaty of commerce presented, that nothing more was intended by it, than to restrain a trade, carried on by individuals, not to abridge the prerogative of sovereignty. It was not in my province to refute those arguments, which were adduced against the passports, my office being merely to reply to questions. But for this cause, I really think, that I should have experienced very little difficulty in overcoming the opposition. I could not however avoid the mention, that our reputation was concerned in this business; as we had been the instruments of our country in the application to congress for the passports to Bermuda last year, and by this means had in a manner asserted the jurisdiction of congress in these cases. I urged the two Mr. Lees to attend to this, and at least to guard our feelings against the wound, to which the inclosed resolution exposes us. Nothing has, as yet, been done in this respect. It is impossible to say, what the fate of the act will be in the senate. But the name of Morris makes them forget the good[,] I fear, of the public[,] and common decency. There is more genius, and more industry, exerted in [an] able matter out of doors than so bad a pu[r]pose deserves. Strange, that a particular state should undertake to vindicate the treaty of commerce, in contradiction to an Act of congress, who alone can judge; and are by the confederation appointed to judge, what its proper construction ought to be. Still stranger is it, that our friend, the doctor, should have conceded so much authority to them on the discussion of the ordinance for regulating the post-office, and be now anxious to restrict them in a far more necessary point of jurisdiction.

The tax-law of the last session will be assaulted. Mr. Henry, who came down two or three days ago, is its enemy so far, as to wish to postpone the collection of the taxes in some counties, whose poverty he says, requires the measure. Six or seven petitions depend before the house to this effect. But the torrent of opinion runs strongly against the infraction of this salutary Act, and I am happy now to believe, that it runs equally strong against that weak succedaneum for specie, papermoney.
The assembly avow themselves staunch to the alliance. The house of delegates yesterday passed adequate resolves, as I hear, against separate negotiation; and have appointed committees to prepare bills for the security of shipwrecked property, and in general for all those objects, recommended to them by congress with respect to the consular convention. Congress too do not appear unmindful of policy towards the french nation, & particularly towards the queen’s party, whose force will increase upon the birth of a dauphin.
A practice has prevailed of meeting the public debtors, who were bringing specie into the treasury and giving them specie warrants. By this means public necessity has been often unsatisfied, while the officer of government has received his salary. To avoid a like impropriety of conduct in future, a bill is ordered to be prepared for the appropriation of the revenue, to the various uses, for which it was designed.
As soon as the senate meets, a resolution will be passed for the nomination of persons to collect documents concerning western territory. A delicacy obtains in the mind of Mr. Henry, lest a rupture with congress should injure our more essential interests, and probably the repeal of the cession will be the extent of legislative proceeding at this day.
I am convinced of the truth of Mr. Matlack’s observation, that no part of Mason’s & Dixon’s line was ex parte. But if this line be 232. miles, and some perches and twenty three miles be added for the tempor[ar]y line proposed, surely the five degrees of longitude, due to Pennsa. will be overrun nine or ten miles.
I shall scarcely ever be able to give you foreign intelligence. You will expect domestic only. The above therefore being the history of this week’s proceedings of the assembly, I shall only repeat assurances of my friendship.
I shewed your favor of the 14th. May to Colo. Taylor, and shall reserve it for Mr. Jones, when he arrives.
Pray send me the journal of 1781.


Title: Report on Mission To Inform States of Financial Crisis, [22 May] 1782
From: Madison, James
To:

Editorial Note
The background of this report has already been presented (Motion To Inform States of Financial Crisis, 20 May 1782, and its headnote and n. 3). JM prefaced the text of the report with these words, “The Committee appointed to confer with the Superintendt of Finance on the subject of his letter of the  day of  report.” Except for two interlineations in a hand which at least closely resembles JM’s, the rest of the report was written by John Rutledge. Robert Morris had pointed out to the committee that although every state was delinquent in meeting its financial obligation to Congress, the amounts owed and the steps being taken to pay what was owed varied greatly from state to state. Rejecting his proposed circular letter to the executives of the states, which he had submitted to Congress on 17 May, the committee recommended the adoption of the alternative proposal he had made (Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, 357, n. 5).

[22 May 1782]
The Committee appointed to confer with the Superintendt of Finance on the subject of his letter of the  day of  report—That they have confer’d with the Superintendt. of Finance on the subjt. refer’d to them, &; from the Informn. recd. on this Confere. they find that some of the States have not passed Laws for levying any part of the Quota of the Contl. Estimate for this year—that some others have passed Acts for raising only a part of such Quotas; & that others have passed Laws for raising the whole, but at distant Periods, & that several of such Laws are in some respects, defective. your Comme apprehend that a circular Letter to each of the States, being inapplicable to their different Cases, is improper, but it appears to your Comme absolutely necessary that the most effectual Means be used for obtaining a general Compliance with the Requisitions of Congress.
Therefore your Comme recommend that [Mr Montgomery & Mr Root be appointed to repair to the states eastward of this & that Mr Rutledge & Mr Clymer proceed to the] States [to the southward] to make such Representations, as are best adapted to their respective Circumstances, & the present Situation of of publick affairs, & as may induce them to carry the Requisitions of Congress, into Effect, with the greatest dispatch & That the persons so to be sent confer with the Superintendt. of Finance, the Secretary at War, & the Secretary of foreign Affairs, who are authorised to commt. to them, such Informn:, from their respective departments, as may be most conducive to the End proposed.


Title: To James Madison from Arthur Lee, [24 May] 1782
From: Lee, Arthur
To: Madison, James

Dear Sir:
[24 May 1782]
The above Resolves are directed to be sent to you as Instructions. They wait the confirmation of the Senate which has not yet formed a House, but will I hope effect it in a few days. The Resolves of our House for sending empty away the New York flag-Ships sent under Mr. Morris’s agreement, to take away tobacco wait also the same concurrence. Mr. Henry is endeavoring to overturn the tax law; but I think he will not succeed. Adieu.
P.S. Mr. Izard is here and goes on in a day or two. Remember me to our friends in Congress.


Title: Instructions to Virginia Delegates, 24–25 May 1782
From: House of Delegates
To: Virginia Delegates

In the House of Delegates
Friday the 24th: of May 1782
Resolved unanimously that a Proposition from the Enemy to all or any of these United States for Peace or Truce, separate from their Allies, is insidious and inadmissible.
Resolved unanimously that a Proposition from the Enemy for treating with any Assembly or Body of Men in America other than the Congress of these United States is insidious and inadmissible.
Resolved unanimously that this Assembly will not listen to any Proposition nor suffer any Negotiation inconsistent with their national Faith and Foederal Union.
Resolved unanimously that this Assembly will exert the utmost powers of the State to carry on the War with Vigour and Effect, until Peace shall be obtained in a Manner consistent with our National Faith and Foederal Union.
Resolved that the above Resolutions be transmitted to the Delegates of this State at Congress, as an Instruction to the said Delegates.

Teste
John Beckley. C.H.D.
1782 May the 25th.Agreed to by the Senateunanimously.Will Drew. C.S.


Title: To James Madison from William Sharpe, 25 May 1782
From: Sharpe, William
To: Madison, James

My own seat
May 25th. 1782
Dear Sir

Your very obliging letter of the 21st. Jan’y did not come to hand until late last month
We have at length had a session of the General assembly, Messers. Nash, Hawkins, Blount & Docr. Williamson are appointed delegates for this State. I expect two of them will be with you in a few days. I am deeply impressed with the importance of keeping up a constant representation in Congress especially from the southern States, and flatter myself that N.C. will not be found a delinquent again.
The affairs of our government are inconceivably deranged and it will be a work of some time to regulate them. We are about to raise every twentieth man of the effective militia for eighteen months in order to compleat our quota of continental troops. Commerce, the source of industry, wealth and power, is in a great measure fled from us, therefore our revenue will be small.
We owe our citizens an immense unfunded debt and in short all public credit at an end.
The precious metals in the interior and back parts of this State are but barely visible, under these circumstances it was impossible to lay a tax which would be a sufficient fund to give credit to Mr. Morris’s proposed notes.
We are making a great effort to have our accounts liquidated and ready to open a very large account against the united states and thereby fill up the chasm on the credit side of their books.
For further details, I beg leave to refer you to our delegates.
I expect this will be handed you by Capt. Caldwell who lives near me, and hope you will write me a long letter by him, full of news great and small, forriegn and domestic, every line of it will be read with the greatest avidity. I want nothing but intelligence to make me happy.
Now my dear sir let me intreat you to present my best compliments, my heartiest wishes to Mrs. House, Mrs. Trist, Master Browse and such gentlemen of our family as are in the city—be pleased to accept the same yourself from
Dear Sir    Your most Obt. Humble Servant
Wm. Sharpe


Title: Motion Urging States To Send Delegates to Congress, [27 May] 1782
From: Madison, James
To:

[27 May 1782]
R. That Inasmuch as Bus: of the great. Conseqe is often delayed or retarded for want of sufft. rep. in Cong. it be & it is Earnestly recomdd. to the States which are at present unreprtd, immedy to send delegs. to Cong. & to all the States to keep up a constt. rep.


Title: To James Madison from Edmund Pendleton, 27 May 1782
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga May 27th. 1782

Your favr of the 14th conveyed a very unexpected piece of Intelligence in the entire revolution of the British Ministry, an event which I once thought probable in the course of Strugles for the loaves & fishes, but in which the old appeared about the beginning of March to be gaining ground. the Political conjectures here are busy, & much divided whether this change tends to peace or a more Active & better directed War. As it is said Ld Shelburne is to direct the Cabinet and his Opinion hath been uniform against our independance, the prospect is bad. But as the Spirit of the Nation appears to be for Peace at all events, and this Spirit alone forced them into their present Offices, I think they must adopt the measure. I have no doubt but they will endeavour to detach us from our Allies, by every Seducing attempt; but when they discover the Spirit of Congress, firm to its engagements & resenting even the Idea of the least departure from them, I think they will open a Treaty that shall include Our Allies and, yielding the great point to Us, put an end to a War the Nation seems so averse to—unless some flattering circumstances in foreign Treaties or sucess in Arms, should give a turn in their favour, of which there appears little probability. I am happy to hear, even from Our lowest Class of people, a becoming resolution not to purchase the peace they Ardently wish, at the expence of breaking faith with our Allies & all approve What you recommend, a preparation for continuing the War to Advantage, a conduct the most proper, even if we had a much better prospect of peace than we have; since it is best to treat with Arms in our hands.
If it shall become the inclination of the Crown to acknowledge the Independence of America, I imagine there will be little dispute about its Power—to remove the Shackles with which Parliament had bound the Prerogative to make peace & War, was the most Constitutional & Polite way of doing the thing, as well as the most likely means of reinstating the King in the affections of the people, since peace will thus appear to be his Act, a circumstance he will probably pay some attention to, now that he is in the hands of a Whig Minist[ry.]

I hear nothing that our Assembly have done, but the refusing permission to some Vessels which came from New York wth Passports from Congress to Load tobacco under some Contract with Mr Morris, except so far as may answer the engagements of our Commercial Agent. what reasons influenced this Negative, I have not heard, but they must be strong to outweigh the respect due to Congress, Our Obligation to support the credit of the Financier Genl. and our want of Specie to support our part of the War. I wish Resentment for the ill treatment we have lately experienced at Philadelphia may not have entered into the deliberations on this Subject tho’ I have heard nothing of the sort. What will those men have to answer for who for their private emolument have fomented these divisions. I am told a Petition is circulating & signing in the Western Countrey address’d to Congress and requiring to be a seperate State, to which many there are very Averse which produces Quarels & bickerings amongst them. I wish our Assembly may turn their thoughts to the Subject and endeavour to counteract the Agents of this Mischief, by a plan for administering Justice & defusing the other benefits of Government to that remote region, until they shall be in a state of Acting for themselves without Injury to Us, and let us Seperate by Consent at such Period, remaining good Neighbours. I want to hear the Propositions Mr Carlton hath to make, & the mode of Conducting it, as a matter of Curiosity, more than from any hope of good to be expected from it: it was Curious enough to want his Secretary to come to Philadelphia as a Spy, or perhaps in a more dangerous emploiment. I am
Dr Sir Yr affe
Edmd. Pendleton


Title: Report on Salaries of Representatives Abroad, [28 May] 1782
From: Madison, James
To:

[28 May 1782]

The Committee to whom were referred the letter of the  day of  from the Superintendt of Finance and the letter of the  day of  from the Secretary for foreign affairs recommend the following resolutions; viz.
That the Minister Plenipo: of the U.S. at the Court of Versailles be instructed to take immediate measures for liquidating the accounts subsisting between the Sd. States & the sd. Ct. and report a state thereof to Congress.
That a Commissr. be appointed to liquidate & finally settle the accounts of all the Servants of the U.S. who have been entrusted with the expenditure of public monies in Europe, that the Superintendt of Finance nominate to Congress a fit person for such appointment; and that the person so appointed be allowed
That the Salaries & allowances to which the public Servts. of the U.S. are or shall be entitled be in future paid by the Superintt. of Finance out of the monies which shall from time to time be in his hands; and that the sd. public Servts. be authorized to make quarterly draughts on him for that purpose.
That the Salaries of a Minister Plenipo: from the U.S. be from & after the 1st. day of Jany. next at the rate of 3000 Dollars per annum; and of a Minister 2000 Dollars per annum; and to a Secretary to a Commission 1200 Dollars P annum, but that an allowance be respectively made to them for Household expences, in which shall be included those of the Secretaries to their Embassies, and of their private Secretaries at the following rates, viz.

Dollars

To the Minister Plenipo; at the Ct. of Versailles
4000

To do of Madrid
4000

To do. at Hague prior to an acknowledgt. of his public Character
1500

To do. at do. subsequent to such acknowledgt.
2500

To do. for negociating a peace prior to the commencement of such negociation
1500

To do. for do. Subsequent thereto
4000

To Minister at Petersbg prior to an acknowledgt. &c
1000

To do. at do. subsequent thereto
1500

that Francis Dana Esqr. be authorized to appoint a private Secry. who shall be entitled to a Salary of 500 dollars per annum
That it is unnecessary to [name] a Secry to the Comn
That the appointment of Mr. Carmichael as Secry. to the Embassy to the Ct. of Madrid & his provisional appointmt. of Chargé d’affairs at the sd. Court be revoked; and that a Commission issue investing him with the like appointments at the Court of Versailles; and that his Salary from & after his arrival at the said Ct. be at the rate of 2000 Drs. per annum.
That Mr. Jay be authorized to appoint a private Secy. with a Salary of 800 Dollrs. per annum.
That Mr. Laurens be authorized whenever he shall enter on his Mission to the U Provinces of the low Countries to appoint a private Secry. with a Salary of 500 Dollrs. per annum.
That Mr. Adams be authorized to appt. a private Secry. who shall from & after the 1st. day of Jany. next be entitled to a Salary of 500 Dollrs. per annum.


Title: From James Madison to Joseph Jones, [28] May 1782
From: Madison, James
To: Jones, Joseph

Dear Sir
May [28] 1782

A letter from Docr. Franklin of the 4th. of March informs the Superintendt. of Finance that the court of France had granted an aid of six million of livres to the United States for the [pres]ent year. It appears however that this aid has been wholly anticipated as well as the aids of the last year by bil[l]s of exchange[;] by supplies for the army particularly those in Holland[;] by the debt to Beaumarchais amounting to two million & a half of livres[;] by the interest mony[;] by the deduction on account of Virginia computed at seven hundred thousand livres &c. The States must therefore by some means or other supply the demands of Congress or a very d[ange]rous crisis must ensue. After the difference between the modes of feeding the army by contracts & by the bayonet has been experienced both by the army and the people a recur[r]ence to the latter cannot be too much dreaded.
The province of Friesland has instructed its delegates in the States general to concur in a public reception of Mr. Adams. The cit[y] of Dort has done the same to theirs in the provincial assembly of Holland.
The above letters came by the Alliance wch. is arrived at Rhode Island. Capt. Barry I am told says that the marquis will come with a squadron for the American coast which was equip[p]ing. If this be true Barry is wrong in discloseing it. I distrust it.
A French Cutter is since arrived after a short passage with despatches for the Minister here. He recd. them on Saturday by an express from Salem, and has not yet communicated their Contents to Congress. I understand th[r]ough the secry of foreign affairs that the court of London has lately proposed to the court of France a separate peace as the price of which she would place Dunkirk in its former state[,] make some sacrifices in the East Indies and accede to a status quo in the West Indies. The answer of France was dictated by her engagements with the United States. This insidious step taken at the same moment with the agency of Mr. Carlton will I hope not long be witheld from the public. We have heard nothing from this Gentleman since the answer to his request of a passport for his Secretary.
In order to explain our public affairs to the states and to urge the necessity of complying with the requisitions of Congress, We have determined to depute two members to visit the eastern states and two the southern. The first are Root and Mon[t]gomery. The others Rutlidge and Clymer. I put this in Cypher because Secresy has been enjoined by Congress. The deputation will probably set off in a few days.
I find that the minister of France has been informed by some correspondent in Virginia that the late intelligence from Britain has produced very unfavorable sym[p]toms in a large party. He seems not a little discomposed at it. The honour of the state concur[r]ed with my own persuasion in dictating a consolatory answer to him. For this reason as well as for others I think it would be expedient for the legislature to enter into a unanimous decla[ra]tion on this point. Other states are doing this and such a mode of announcing the sense of the people may be regarded as more authentic than a declaration from Congress. The best form I conceive will be that of an instru[c]tion to the delegates. Do not fail to supply me with accurate and full informations on the whole subject of this paragraph.
A letter from Dr. Franklin of the 30th. of March inclosing a copy of one to him from Mr. Adams at the Hague were laid before Congress subsequent to writing the above. By these it appears not only that an essay has been made on the fidelity of France to the Alliance, but that the pulse of America has been at the same time separately felt thro’ each of those Ministers. They both speak with becoming indignation on the subject, attest the firmness of our ally, and recommend decisive efforts for expelling the Enemy from our Country. Mr. Adams says “ten or eleven cities of Holland have declared themselves in favo[ur] of American independence and it is expected that today or tomorrow this province will take the decisive resol[u]tion of admitting me to my audience. Perhaps some of the other provinces may delay it for three or four weeks but the prince has declared that he has no hopes of resisting the torrent and therefore that he shall not attempt it. The Duke de Vauguyon has acted a very friendly and honourable part in this business without however doing any ministerial act in it.” What was said above of Friesland came from Mr. Berkley the Consul. Mr. Adams says nothing of that province altho’ his letter is of later date. If this sd. find you at Richmond, it will be unnecessary for you & Mr. R. both to be at the labor of decyphering, the above being copied from his letter. I made this provision for the contingency of your not having proceeded to Richmond. That you may not give me more credit for it than is due, I must confess that you owe it in part to the facility which my letter to him in Cypher afforded for repeating the intelligence to you. I believe, I have omitted one paragraph on another subject which he will communicate to you. Whitesides has the means remitted for taking up the note in which I am concerned. I have urged Mr. R. to return & charged him to urge you. Let me hear from you on that subject, & let it be favorably. Farewell
J. M. Jr.
Yr. favr. of 21. was rcd ½ after 9 OC last night.


Title: From James Madison to Edmund Randolph, 28 May 1782
From: Madison, James
To: Randolph, Edmund

Philadelphia, May 28, 1782.

The Secretary of War has just given notice to Congress, that the Department of Finance is unable to supply the essential means of opening the campaign. This shocks, rather than surprises, us. It will be one article in the communications of the deputies above mentioned, and adds force to the expediency of their mission.

The denial to Congress of the right of granting flags is singular indeed. May not the power of Congress to agree to a truce be contested on the same grounds? The former is a partial truce, and if the silence of the Confederation reserves it to the States, the same silence reserves the latter. Admitting that Congress had the right of granting flags, was it not exercised to the advantage of Virginia in procuring a vent to her staple, and stopping the exportation of her specie?


Title: Report on Count Bieniewsky’s Proposal for a Legionary Corps, [29 May] 1782
From: Madison, James
To:

Editorial Note
In his two-volume autobiography entitled, Memoirs and Travels of Mauritius Augustus Count de Benyowsky, translated by William Nicholson, first published posthumously in London in 1790, and soon appearing in German, French, and Polish editions, the author recorded that he, a magnate of Poland and Hungary, had been born in Hungary in 1741. In his letter of 5 May 1782 to the president of Congress, Bieniewsky claimed to be a Pole and a cousin of Count Casimir Pulaski (NA: PCC, No. 78, IV, 299–301). According to Bieniewsky in this letter, he had served as a brigadier general in the French army and as a major general in the Austrian army. Judging from his memoirs, which recount his career until the close of 1776, he had fought in Prussia, Lithuania, and Russia, and been exiled to Siberia. From there he had escaped to China, gone to Japan, and attempted to establish a settlement in Madagascar.
In the introduction of his edition of the Memoirs and Travels (London, 1904), Captain S. Pasfield Oliver remarked that the memoirs were replete with inaccuracies of facts and exaggerations about the count’s achievements and his rank among the nobles of Hungary and Poland. Oliver found that Bieniewsky had been born in 1746 rather than in 1741, the natal year of his choice as long as he was a soldier of fortune. He returned to Europe after his unsuccessful visit to the United States in 1782 but came back two years later. In October 1784 he sailed from Baltimore in the “Intrepid,” a vessel in the foreign slave trade, and was killed in May 1786 during a skirmish with French troops on Madagascar. His alleged exploits in Kamchatka were the subject of the drama, Graf Benjowsky (1794), by August Friedrich Ferdinand von Kotzebue, and of the comic opera, Beniowski ou les Exilés du Kamtschatka (1800), by Alexander Duval and François Adrien de Boieldieu. In Warsaw in 1961 Mieczyslaw Bohdan Lipicki published Maurycy August Beniowski. When the count was in Hungary, he apparently spelled his surname Benyovszky; in France and Poland, Beniowski; in Great Britain, Benyowsky; in Prussia, Benjowsky; and in the United States, Bieniewsky.
Claiming the favor of Vergennes, Bieniewsky on 18 March 1782 applied for a commission in the continental army. He was informed by Washington that his request could not be honored because of the recent reduction in the number of officers (Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXIV, 77–78). Encouraged by the endorsement of La Luzerne and the willingness of the Baron von Steuben to sponsor him, the count then devised an elaborate plan for recruiting a legion of troops from Germany, to be under his command. This proposal, accompanied by Washington’s qualified approval, came before Congress on 6 May 1782. The commander-in-chief obviously had misgivings but recognized that, in view of La Luzerne’s support of the project, Congress’ judgment of its merits might be influenced by considerations of political expediency (ibid., XXIV, 112–15, 163–64, 175; Bieniewsky to President of Congress, 6 May 1782, in NA: PCC, No. 78, IV, 299–301; No. 186, fol. 30; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 243 n.). The secretary at war, to whom the plan was referred, advised Congress on 9 May that the proposal involved issues beyond his authority to decide. Eighteen days later Congress rejected a committee’s recommendation, written by Theodorick Bland, that Bieniewsky’s plan be adopted and consigned it to the committee named in the headnote, with a directive “to report a proper answer informing him that Congress cannot accept his proposals” (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXII, 261, and n. 2, 296–98, 298 n.; NA: PCC, No. 186, fol. 27; No. 191, fol. 15).

[29 May 1782]

Report of the Committee relating to Ct. Beniousky

Sir

The proposal for introducing a legionary corps into the service of the U. States which accompanied your letter of the 6th. instant, has been considered by Congress with the attention due to its importance [& to the auspices under which it is presented.] The zeal for the American cause which the Author of it professes, and which the generous terms of the plan evince, have not failed to inspire a just esteem for his character, and a disposition to favor his wishes. Considerations however which in no respect derogate from this esteem, or this disposition render it expedient for Congress to decline the offer which has been made to them.
I have the honor &c.
J. H. Pt.