Title: Memorandum of Conversation between Livingston and La Luzerne, [ca. 23 September] 1782
From: Madison, James
To:

Editorial Note
This “paper” of JM poses three editorial problems: when did the “Conversation” between La Luzerne and Livingston take place; from what source did JM derive his information of what was said at that conference; and when did he prepare his memorandum?
La Luzerne probably received Vergennes’ instructions late in the morning of 17 September. Livingston left for his home in New York about twenty-four hours later and was away from Philadelphia thereafter until 29 October. On the morning of 18 September he wrote to Dana, Franklin, Jay, and Lafayette, and added a postscript to his dispatch of 15 September to Adams. Although Livingston remarked in his letter to Lafayette, “my Horses wait to carry me to the banks of Hudson,” he also stated that he expected a call from the Prince de Broglie later in the morning and had been with him (at La Luzerne’s?) the evening before. In none of these letters did Livingston mention a conference with La Luzerne either as having recently taken place or as scheduled for later on the eighteenth (JM to Randolph, 16–17 September, and n. 20; Burnett, LettersEdmund C. Burnett, ed., Letters of Members
          of the Continental Congress (8 vols.; Washington, 1921–36)., VI, 490, 529; NA: PCC, No. 118, fols. 295, 300–309). On the other hand, quite apart from the evidence furnished by the caption of JM’s memorandum, La Luzerne most likely would have informed Livingston during the afternoon or evening of 17 September of whatever Vergennes in his dispatches had directed the French minister to transmit to the American secretary for foreign affairs. Barbé-Marbois may have been present at this meeting and subsequently acquainted his good friend and confidant, JM, with the gist of what La Luzerne had said.
After devoting its sessions of 19 and 20 September almost exclusively to a debate upon Henry Laurens’ conduct in Great Britain, Congress recessed until Monday, the twenty-third. On the twenty-third, after La Luzerne made known that he had been instructed by Vergennes to communicate information about the peace negotiations and “sundry matters interesting to the common cause,” Congress appointed a committee to confer with him (NA: PCC, No. 95, fol. 140; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 594). In his letter of 24 September to Randolph (q.v.), JM’s summary of news about those subjects was obviously based on the report of the conference committee on that day (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 596–603) rather than on the present “Memorandum.” See also Virginia Delegates to Harrison, 24 September 1782, n. 4. JM could not have prepared this memorandum before 17 September and would not have prepared it after 23 September, because it was rendered obsolete the next day by the more detailed coverage of most of the same topics by the committee report.

[ca. 23 September 1782]
Conversation between Chevr. de la Luzerne & Secy. of Foreign Affairs on the Substance of letters of 25 & 29 June 1782 from the Ct. de Vergennes to the Minister of France.
That Mr. Oswald had by directions of the British Ministry made some proposals to Docr. Franklin while similar proposals were made to Mr. Adams, that on their having been communicated to him he (Vergennes) expressed a desire to converse with Mr Oswald who accordingly waited on him & told him the substance of what he was charged to say to Mr. Franklin—that the Court informed him that the King was desirous of peace if such terms were offered as were consistent with justice & the interest of his allies—that upon Mr. Oswalds reporting this, Mr. Grenville was sent over who immediately proposed to treat with France on the subject of American Independence & with respect to other articles to make the Treaty of Paris the basis of their negociation; to which it was answered that as to American Independence the King had no power to treat of it & that it would be more consistent with the dignity of the King of England as well as with that of the U. States to open a direct negociation on that subject with their Ministers—that the treaty of Paris could not be considered as the basis of a peace, but that it must be regulated by the justice of the claims on each side—that in consequence of this reply Mr. Grenville recd. powers to relinquish the Independence of America unconditionally & to propose the treaty of Paris as a foundation on which to open the negociations without its being considered as obligatory in the progress of it.
To this it was replied that the King agreed to negociate provided the interests of all his Allies were included in the Treaty—the Independence of America unconditionally acknowledged—and the Treaty of Paris only considered as the means of opening the negociation without precluding his Majesty from the right of proposing such changes as he thought proper, particularly in the East Indies and on the Coast of Africa.
Thus matters stood when these advices left Paris, with this addition that the Cabinet of England was greatly divided on the subject of American affairs—that Lord Shelburne was absolutely opposed to any other Independence than such as had been granted to Ireland—that the Ct. had of late observed some tergiversation in the Ministry which would probably draw out the negociation to some length—that he was inform’d that the Bill enabling the King to make peace with America which must be the foundation of an acknowledgment of independence, had not yet passed but was designed to be deferred to the next sessions.


Title: From James Madison to Edmund Pendleton, 24 September 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Sepr. 24th. 1782.
I am very glad to find that the recovery of Mr. Pendleton’s slave hath at length been accomplished. I shall immediately relieve Col: Jameson from the task I had consigned to him.
The sum of the intelligence recd. by the French frigates is that Mr. Grenvilles visit & propositions looked for a while very auspicious, but that the hopes inspired by the naval success of the English in the W. Indies had reversed the prospect; and it was expected that tergiversations on the part of the Ct. of London would spin out the negociations till the chances of the campaign should be tried. Whilst Shelburne guides the helm, nothing but some dreadful calamity, or some national commotion, or the fear of one or other of them, can secure us peace. His obstinacy of temper & notorious aversion to our independence, abetted by the same sentiments in the King, will protract the war as long as means & pretexts can be found for it.
The Frigate which my last informed you had been run aground in this Bay has been got off by the Enemy & carried to N. York. Among other articles of Prize, nearly 50,000 Dollars fell into the hands of the Captors.
Our generous Ally has given us a fresh token of friendship by remitting to us all the interest due or which wd. accrue during the war on the advances he has made to us; together with the expence of the loan obtained for us last year in Holland. He has also agreed to accept the principal in 12 annual payments commencing one year after peace. According to the stipulations of Dr. Franklin the whole was to have been paid in the year 1788.
Mr. Jones commenced his alternate correspondence with you last week. It will go on hereafter according to the former roatation.
I am Sir with sincere esteem yrs &ca.
J. Madison Jr.


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

My dear Sir
Philada. Sepr. 24th. 1782.
The substance of the despatches brought by the French Frigates mentioned in my last is that Mr. Oswald first & afterwards Mr. Grenville had been deputed to Versailles on a Pacific Mission: that the latter was still (29th. June) at Versailles, that his proposals as to the Point of Independence were at first equivocal but at length more explicit; that he associated with them the preliminary that the Treaty of Paris of 1763, should be the basis of the treaty in question; that as to this proposition he was answered that as far as the Treaty of 63 might be convenient for opening & facilitating a pacification, it would be admitted as a basis, but that it could not be admitted in any sense that should preclude his M. C. M. from demanding such equitable arrangements as circumstances might warrant & particularly in the east Indies as on the coast of Africa (Marbois in an anticipation of the communications to be made by the Minister of France added on the coast of Newfoundland. In the communications it was omitted.)[;] that upon these grounds there was at first a prospect that negociations would be opened with mutual sincerity and be conducted to a speedy & happy issue; but that the success of the British navy in the W. Indies had checked the ardor of the Ministry for peace, & that it was pretty evident they meant to spin out the negociation till the event of the campaign should be decided. You will take notice that this is a recital from memory & not a transcript of the intelligence.
The Frigate l’Aigle whose fate was not completely determined at the date of my last, we hear has been raised by the Enemy & carried to N. York. Capt: de la Touche & the crew were made Prisoners. Besides merchandize to a great value nearly 50,000 dollars were lost most of which fell into the hands of the Captors. The loss of this ship is to be the more regretted, as it appears, the two were particularly constructed & destined for the protection of the trade of this country.
Our Ally has added another important link to the chain of benefits by which this Country is bound to France. He has remitted to us all the interest which he has paid for us, or was due to him on loans to us, together with all the charges attending the Holland loan, and has moreover postponed the demand of the principal till one year after the war, and agreed to receive it then in twelve successive annual payments. These concessions amount to a very considerable reduction of the liquidated debt. The fresh & large demand which we are about to make on him will I fear be thought an unfit return for such favours. It could not however be avoided. The arrears to the army in January next will be upwards of six million dollars. Taxes cannot be relied on. Without money there is some reason to surmise that it may be as difficult to disband as it has been to raise an army.
My last informed you that Mr. L had declined serving in the commission for peace. His proceedings during his c[a]ptivity as stated by himself are far from unexceptionable. Congress nevertheless were prevailed on to assent to a resolution informing him that his services could not be dispenced with. A few days after this resolution had passed, several numbers of the Parliamentary Register were received at the office of foreign affairs in one of which was published the inclosd petition. The petition was introduced by Mr. Burke was a subject of some debate and finally ordered to lie on the table. The extreme impropriety of a representative of the United States addressing that very authority against which they had made war with the pusilanimous and almost penitential language of the address determined M—r Jones and myself to move that the resolution above referred to should not be transmitted until the further order of Congress. In support of the motion it was observd that however venial the fault might be in a private view it evidently rendered M—r L no longer a fit depository for the public dignity and rights which he had so far degraded; and that if Congress should reinstate him against his own desire and with this fact before their eyes it would seem as if they meant to ratify instead of disowning the degradation. The motion was opposed on two grounds first that the character of M—r L and the silence of his letter overbalanced the testimony of the Register and rendered the fact incredible: 2dly that the fact altho’ faulty ought to have no influence on the public arrangements. The first objection was the prevailing one. The second was abeted by but few. Several professed a readyness to renounce their friend in case the authenticity of the paper should be veryfied on the question there were five noes, three ays, two divided, two half votes ay. The petition had been published some time ago at New York and had made some noise in New Jersey but was ultimately regarded as spurious. There are so many circumstances relating to this gentleman during his captivity which speak a bias towards the British nation and an undue cordiality with its new leaders that I dread his participation in the work of peace.
Your favor of the 7th. which had not arrived last post day came a few days afterwards, the Post having been detained by sickness. The subsequent one came to hand yesterday in due time. The expedient of drawing bills here on funds in Virga. even the most unquestionable, has been often tried by us, but in vain. The balance is so much agst. Virga. that no one wants money there; and the evil will increase as the prospect of peace retires. Your credit with Mr. Cowan which procured me £50. with 200 Drs. transmitted by Mr. A. have been of much service to me, but I am relapsing fast into distress. The case of my brethren is equally alarming.

As some of Mr. L’s friends strenously maintain that the Petition inclosed is spurious, I would not wish it to be made public through me, untill the matter be ascertained, or he be present to explain it.
I am informed that at the time of the stamp act his House was beset by a mob in consequence of his known heterodoxy.


Title: Report on Cornwallis-laurens Exchange, [25 September] 1782
From: Madison, James
To:

Editorial Note
The origin of the issue of the Cornwallis-Laurens exchange and this committee’s antecedents have been presented in JM to Randolph, 3 September, n. 8. and in Comments and Motion in re Laurens, 19 September 1782, n. 1. On 18 September Congress appointed Ezekiel Cornell, chairman, JM, and John Rutledge a committee to make recommendations concerning the Cornwallis-Laurens exchange (NA: PCC, No. 186, fol. 56). Having temporarily left Philadelphia on or about 19 September in pursuance of his appointment as inspector of contracts for Washington’s army (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 210, n. 1), Cornell was replaced as chairman by JM, and Joseph Montgomery was added to the committee on 24 September (NA: PCC, No. 186, fols. 58, 59). Rutledge disagreed with the committee’s recommendation. See Notes on Debates, 22 November 1782.

[25 September 1782]
The Committee to whom was referred the letter from Mr. Laurens of the  day  together with a paper inclosed to Congress by Docr. Franklin, submit the following report
That it appears from the papers referred to the Committee that Mr. Laurens did at the time of his discharge from Captivity, authorize an expectation in the British Ministry that Earl Cornwallis should in exchange be absolved from his parole:
That the Minister Plenipo. at the Court of Versailles, in consequence of the representations & request of Mr. Laurens, did by an instrument bearing date the 9th. of June last absolve the said Earl Cornwallis from his parole; reserving however to Congress the confirmation or disapprobation of the measure:
That from a comparative view of the British Prisoners of war now in possession of the U. S. & of Americans Prisoners of war to the British King, there appears little probability that the discharge of Earl. Cornwallis will deprive the U. S. of the means of redeeming any of their Citizens from Captivity:
That on a consideration of these circumstances the Committee are of opinion that, altho’ the exchange in question was not derived from due authority, and altho’ it might better accord with the peculiar barbarities which characterise the sd. Earl Cornwallis in his prosecution of a war in itself the most barbarous of modern ages, to make him the last instead of so early an object of indulgence, yet it is upon the whole expedient for Congress to confirm the Act by which he has been set at liberty: and the Committee accordingly recommend
That the Act or Instrument given at Passy the 9th. day of June last by Benj. Franklin Minister Plenipo. of the U. S. at the Court of Versailles, discharging Lt. General Earl Cornwallis from the parole given by him in Virginia, be confirmed & that the sd. Earl Cornwallis be no longer considered as a Prisoner of war to the U. S.


Title: Instructions in re Treaty with Sweden, [28 September] 1782
From: Madison, James
To:

Editorial Note
In his dispatch of 25 June, Benjamin Franklin informed Robert R. Livingston that King Gustavus III of Sweden had instructed his ambassador at the court of Versailles to broach the subject of negotiating a commercial treaty with the United States. The ambassador reminded Franklin that “Sweden was the first power in Europe which had voluntarily offered its friendship to the United States without being solicited.” Although Congress on 16 October 1776 had directed the Franklin—Silas Deane—Arthur Lee commission to France to conclude with any friendly European state a treaty of amity and commerce as long as its terms did not traverse those proposed for acceptance by the king of France (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XVI, 884), Franklin sought in his dispatch of 25 June 1782 “a more particular power, and proper instructions” from Congress. He also made clear that he would welcome the honor of negotiating the instrument, especially since he had been told that his appointment would please the Swedish monarch (Wharton, Revolutionary Diplomatic CorrespondenceFrancis Wharton, ed., The Revolutionary
          Diplomatic Correspondence of the United States (6 vols.; Washington, 1889)., V, 512).
On 17 September Congress referred Franklin’s dispatch to a committee of which Arthur Lee was chairman, with Ralph Izard and James Duane the other members (NA: PCC, No. 185, III, 42). Two days later, after they recommended the appointment of a committee to prepare the draft of a treaty of amity and commerce, together with a commission and instructions for the American negotiator, as yet unnamed, Congress assigned the task to the same three men (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 592). The three documents were accepted by Congress on 28 September (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 610–24). The instructions, including an expression of desire that “the treaty be made for twelve years only,” comprise four paragraphs. Of these, the first two are in a clerk’s hand, the third in Arthur Lee’s, and the fourth in JM’s (NA: PCC, No. 47, fols. 301–3). Congress selected Franklin to be the negotiator, even though his appointment was strongly opposed by Lee and Bland. See JM to Randolph, 8 October 1782, and n. 10.

[28 September 1782]
You are also at liberty in case it be found necessary to recede from the Stipulation proposed in the 9th. Art: that whatever shall be found laden by the subjects & Inhabitants of either party on any Ship belonging to the Enemies of the other shall be subject to confiscation.


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

Gentlemen
In Council Septemr. 28th. 1782.
Your favor by the last post with it’s enclosures came safe to hand. I thank you for the papers. their contents are very interesting I think they give us a prospect of peace, and hope your Communications from Paris will confirm them. I wish the Members of Congress could be properly impress’d with the distress’d situation of this State with respect to circulating Gold and Silver, if they were they could never make such frequent demands on us for it. They judge of us by what they see in the Vortex in which they are placed. what little money we had is mostly swallowed up there. I know your Necessities are great but let them be what they will they can never force from the people what they have not, and it is extremely dangerous to press them too hard. The State has a great quantity of valuable Commodities on hand, which the Executive are using every endeavour to turn into Cash but I have too much reason to fear the greatest Difficulty in doing it indeed I am confident many of them must be sold exceedingly below their value. The recruiting Business is now going on tho’ slowly. the money in most of the Counties is in Hand but the wretch’d situation of the poor fellows who return from the Army damps the enlistments much. you shall be inform’d from Time to Time of it’s progress. I am &c.
B. H.


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

Dear Sir
September 30. 1782.
The letter from the Govr. to the Delegation recd. yesterday along with yours of the 20th. inst: expresses some agitation at the supposed effects of the letters to him from Genl Carlton. Whatever curiosity might be excited by the circumstances attending those letters, or whatever suspicions might arise relative to the views of Carlton, they were un[accompanied as] far as I know, with the slightest imputations on his patriotism.
The remittance to Col: Bland is a source of hope to his brethren. I am almost ashamed to reiterate my wants so incessantly to you, but they begin to be so urgent that it is impossible to suppress them. The kindness of our little friend in Front Street near the Coffee House is a fund which will preserve me from extremities, but I never resort to it without great mortification, as he obstinately rejects all recompense. The price of money is so usurious that he thinks it ought to be extorted from none but those who aim at profitable speculations. To a necessitous Delegate he gratuitously spares a supply out of his private stock.
I conceive very readily the affliction & anguish which our friend at Monticello must experience at his irreparable loss. But his philosophical temper renders the circulating rumor which you mention altogether incredible. Perhaps this domestic catastrophe may prove in its operation beneficial to his country by weaning him from those attachments which deprived it of his services. The vacancy occasioned by his refusal of a particular service, you need not be informed, still subsists. As soon as his sensibility will bear a subject of such a nature, will you undertake to obtain his sentiments thereupon, and let me know whether or not his aversion is still insuperable? Before he be enlisted in that service it will be fair I think to let him know the circumstances under whch it is to be executed. I mean those which drew from Mr. J. the observations which you will recollect.
No addition has been made to our stock of intelligenc[e] from Europe since the arrival of the Frigates. Some letters from the Marquis de la Fayette & others have since come to hand but they are all of the same date with the [despatches then received. One] of the Marquis’s paragraphs indeed specifies the tergiversation of Mr. Grenville which had been only in general mentioned to us before. On the communication made by this gentleman to the Ct. de Vergennes of the object of his Mission, he proposed verbally the unconditional acknowledgment of American Independance as a point to which the King had agreed. The Ct. de Vergennes immediately wrote it down & requested him to put his name to the declaration. Mr. G. drew back & refused to abide by any thing more than that the King was disposed to grant American Independance. This illustrates the shade of difference between Shelburne & Fox.
Having inclosed to the Govr. a transcript of the intelligence recd. from N. Y. & Canada & which is pretty lenghty you will excuse my referring you to that source. I take the same liberty with respect to some further proceedings in Congress relative to the back lands, of which the Govr. is furnished with a copy which needs no explanation.
You do not inform me whether the copy of my private Cypher answers the purpose for which it was sent.
Mr. Livingston has it in view to compile & publish an American Kalendar. He has asked of me the names of the offices of Virginia of general jurisdiction, with the salaries allowed them. As this will be a very easy task to you, I must beg the favor of you to furnish me with an answer to the request.


Title: Report on Payment of New Jersey Troops, [1 October] 1782
From: Madison, James
To:

Editorial Note
On 24 September the legislature of New Jersey had addressed to Congress a “Representation” summarizing the “very pressing application” of officers from that state in the continental army, on their own behalf and that of their troops, “for a discharge of at least part of their pay,” long overdue. Unless the treasury of the United States fulfilled its obligation in this regard, New Jersey would be compelled to resort to the expedient, however “disagreeable” to the state and “inconvenient to the Union,” of withholding from Congress enough of her annual financial quota to render “common justice” to her soldiers (NA: PCC, No. 68, fols. 599–602). See also Virginia Delegates to Harrison, 8 October 1782, and n. 2. On 26 September Congress referred this “Representation” to Robert Morris, superintendent of finance, for report (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 609, n. 1).
Two days later Congress listened to two resolutions proposed by Morris. He prefaced them with a statement deploring the delinquency of the states in paying what they owed to the treasury of the Confederation, the bickering among them over their individual contributions of men and money to the winning of the war, and the practice of several of them, so “pernicious” in its effect upon army morale, of making partial but unequal payments to their continental troops. He warned that until his plan of “paying all Expenses from one common Treasury and replenishing that Treasury by the common Contribution of all according to established Principles” should be made effective, “it will be impossible to conduct the Affairs of America either with Regularity or Economy.” He recommended, therefore, that (1) “any Monies paid by any of the States to the Officers and Soldiers of the American Army as pay for the year 1782 be considered as a free Gift” and not be credited as part of the quota owed to Congress, and (2) that “the States be required” to pay their quotas speedily, so that Congress could discharge its full financial obligation of 1782 to the army before the end of the year. Congress referred this report to the committee mentioned in the headnote (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 624–26, 626, n. 1).

[1 October 1782]
The Committee to whom was referred a Representation of the Legislature of New Jersey with the Report of the Superintendant of Finance thereupon, beg leave to observe,

That it appears from the said Representation that complaints have been made to the Legislature of N. Jersey by the officers of the line of that State, of partial payments made by other States to the troops of their particular lines, and that it is proposed by the said Legislature, unless measures be taken by Congress for securing equal justice to the troops of New Jersey, to apply to their use a part of the taxes required by and allotted for the disposition of the U. S. in Congress assembled;
That by the Articles of Confederation “All charges of war, & all other expences incurred for the common defence or general welfare, and allowed by the U. S. in Congress assembled, are to be defrayed out of a common Treasury, which shall be supplied by the several States; and the U. S. in Congress assembled are to ascertain the sums so to be supplied, and to appropriate & apply the same in defraying such expences;
That in pursuance of this delegated power Congress did in the Month of Novr. last, require of the several States their respective proportions of the sum of 8,000,000 of Dollars for the service of the current year; in which service was included the payment of the army; so that in case of compliance with the said requisition, the whole army will be regularly & duly paid;
That if therefore individual States undertake without the previous warrant of Congress to dispense any part of monies required for & appropriated to the payment of the army or any other purposes of the Union, the federal constitution must be so far infringed;
That such infractions ought the more to be guarded against as they tend to subvert the plans which Congress have adopted and are now carrying into effect, for a uniform & oeconomical administration of the public revenue;—as they must prolong the existence of unsettled accounts between the U. S. and individual States from which great inconveniences have been experienced;—and as they cannot fail to produce ultimately discords among the several States, and intermediate confusions & murmurs in the army;
These considerations have such weight with the Committee that they have judged it expedient for Congress to Resolve* 1
1. Res That the Legislature of N. Jersey be informed that Congress have adopted ev[ery] means in their power for securing payment of the arrears due to the army pri[or] to the 1st. day of Jany. last, and for the regular payment of the army in future, which they hope the several States will exert themselves to enable Congress to accompli[sh] and that Congress have discountenanced all partial payments of the arm[y] by particular States.
2. Resd That no monies paid by any of the States to the officers and soldiers of the Army of the U. S. as pay for the year 1782, be considered as advanced in behalf of the U. S. and that the same be not credited to the State by which the advance shall have been made.
3. Res That the several States be required to make speedy payment of the respective quotas into the public Treasury, that Congress may be thereby enabled to pay the officers & soldiers of the American Army the amount of their pay for the present year.
passd


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

Sir
Philada. Ocr. 1. 1782.
Your Excellency’s favor of the 20th. of Sepr. was recd. yesterday. Whatever curiosity or wonder might be excited by the letter in the post office addressed to you from Sr. G. Carlton with an endorsement by the Commander in chief, we cannot suppose that they had any other object than the views of the Writer, or that they included the slightest jealousy of your Excellencys patriotism.
The paper No. 1 herewith inclosed is a copy intelligence transmitted to Congress by Genl Washington, and leaves us nothing to add under that head. No. 2 is an extract from the proceedings of Congress which may throw some light on the probable event of the territorial Cessions:
The situation to which we are reduced by the impossibility of negociating bills on Virginia obliges us to renew our intreaties that some effectual & speedy steps may be taken for adequate remittances to us. It is unnecessary We are persuaded to multiply words on this subject to your Excellency who will so readily conceive the cruel distress which must attend a disappointment, and who is so much disposed to obviate it.
We have the honor to be Yr. Excelly’s obt. & hble servts.
J. Madison Jr.Jos: Jones.A. Lee


Title: From James Madison to Edmund Pendleton, 1 October 1782
From: Madison, James
To: Pendleton, Edmund

Dr Sir
Philada. Ocr. 1. 1782.
We have red. no addition since to my last to the intelligence from Europe: except an anecdote mentioned in a letter from the Marquis de la Fayette, which exemplifies the tergiversation of Mr. Grenville. On his interview with the Ct. de Vergennes he said that the unconditional acknowledgment of American Independence was a preliminary point to which the King had agreed. The Ct. de Vergennes in order to proceed with certainty & precision wrote down this declaration & requested Mr. G. to put his name to it. The latter immediately deserted his position & refused to abide by any thing more than that the King was disposed to grant the Independence of America.
It is said with great confidence that a fleet is gone from N. Y. to Charlestown to remove the Garrison, & the evacuation of the former place continues to be a subject of conjecture & conversation. Some naval preparations at N. Y. are thought to indicate a projected expedition agst. the French Ships at Boston or Portsmouth.
Genl W. has sent to Congress intelligence red. from Canada of the following tenor: that despaches have arrived informing the Govr. that a reinforcemt. of 3 or 4000 troops may be expected from Europe & 1500 foreign troops from N. York—that the upper Country will be strengthened by a reinforcement of its posts—& the fortifications of the lower put into the most defensible state, that it was in contemplation of the Cabinet to point the whole force of the Nation agst. the French & Spanish settlements in the W. Indies, that indian incursions are no longer to be permitted into our Frontiers—that Cambell had given notice of this to the Indians, assigning as the motive, that the compassion of the King to his American subjects had been excited by their professions of sorrow for what they had done. A Seneca Sachem replied that the American & French had beat the English, that the latter cd. no longer carry on the war—that the Indians knew it well & must now be sacrificed or submit to the Americans—that it was time to attend to their own concerns & listen no more to his lies. Ample presents, the salve always applied to Indian discontents were administered, but the Indians went home little satisfied with their condition.” The Genl. thinks this intelligence bears strong marks of authenticity.
In haste adieu


Title: To James Madison from the Reverend James Madison, 3 October 1782
From: Madison, James (Reverend)
To: Madison, James

Dear Col.
Octr. 3d. 1782
I recd. your last, wherein you tell me of the Remembrance of some of my French Acquaintances. I really thought many of them Men of distinguished Merit, tho’ my Acquaintance with them, from our Trip to the Mountains was but short.
Does Peace really retire, or are we too sanguine in our Hopes. Is it not probable that this winter will bring about this Event, so much to be desired by every Friend to Ama.
We have Nothing here. Williamsburg is like a dead Calm in the Midst of the Ocean. It has had it’s Storms, it is now Time to enjoy a little Tranquillity.
Will you be so good as to inform me whether you have a sufft Acquaintance with Mr. Rittenhouse to desire him to furnish you with one of the new invented Cakes for Electrical Expts—on my Acct. He is himself probably too much engaged to attend to it himself, but he might have it made under his Eye. And also the other Parts of the Apparatus belonging to it. If you have, & could engage them for me, I shd. esteem it no small Favr. Mr. Page & myself have both attempted to make them but Without Effect. Any Expence attendant shd. be immy. remitted.
I had thought to have written to Mr. R. himself, but for want of an oppy. have taken this Method—tho’ if you think it better, will still adopt that Mode.

Shd. be much obliged to have the Advertisement on the other side inserted in the public Papers. I beg you’d let me know the Expence of it.
Yours affy.
J Madison


Title: Report on Peace Negotiations, [4 October] 1782
From: Madison, James
To:

Editorial Note
On 24 September Congress appointed a committee, with James Duane as its chairman and JM among its other members, to make recommendations based upon information conveyed to a conference committee by La Luzerne. In pursuance of this directive, the Duane committee on 3 October laid before Congress recommendations which were accepted almost without change, but only after an extended debate (Conversation between Livingston and La Luzerne, 23 September 1782, ed. n.; JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIII, 632–37).
On 30 September Congress assigned to the Duane committee the further task of submitting resolutions based upon suggestions offered by Lafayette in his letter of 25–29 June and by Jay in his dispatch of 28 June (JM to Randolph, 30 September 1782, n. 12). The committee’s report is wholly in Duane’s hand, with the exception of the passage written by JM and given below. The report recommended that Congress reaffirm its determination to adhere to all the terms of the Treaty of Alliance with France and declare that, although “sincerely desirous of an honorable and permanent peace,” Congress would neither negotiate nor conclude a truce or peace unless it recognized “the full and absolute sovereignty and independence of the United States” and was made by the duly accredited American commissioners acting in concert with those of King Louis XVI. “In order to extinguish ill founded hopes, to frustrate insidious attempts and to manifest to the whole world the Purity of the Intentions, and the fixed and unalterable Determination of the United States,” the committee further recommended that Congress request each state to adopt measures for seizing and bringing “all British emissaries and spies” to “condign punishment,” for confining the enemy’s flag-of-truce missions solely to “the public business,” and for prohibiting the admission of British subjects as long as the war lasted.
In the first draft of the committee’s report, this final recommendation read, “And lastly it is recommended that none of the Subjects of his Brittanick Majesty on any pretence be permitted to become Citizens of the United States during the War” (NA: PCC, No. 19, II, 247). JM apparently decided that this prohibition should be more inclusive. On an unnumbered folio, upon which also is written in Charles Thomson’s hand what seems to be a partial poll of the members of Congress, JM made two false starts in rephrasing this recommendation. He then used another folio (247½), upon which also appears a continuation by Thomson of the poll, to draft the text given below. Judging from the evident haste with which JM wrote, as well as from Thomson’s jottings on the two folios, JM probably introduced his revision as an amendment during the debate on the committee’s report in Congress. It is implicit both in the resolution and the amendment thereto that the military situation appeared so satisfactory that there was no longer need to hedge on the matter of citizenship, as had been done in the instructions given to Adams on 18 October 1780 (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XVIII, 949–50).

[4 October 1782]
and lastly It is recommended, to the Several States that no subjects of his Britanick Majesty coming directly or indirectly from any part of the british Dominions be admitted into any of the united States, during the War


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

My dear sir
Richmond Octr. 5. 1782.
Mr. Ambler will inform you of the state of your finances and will forward by this post an equal draught with that, remitted a week or two ago.
We have been and still are deeply engaged in the business of the general court. This term seems pregnant with decisions, connected with politics. On a solemn hearing, it was yesterday determined, that no person shall be convicted of treason, unless there be two witnesses to one and the same overt act. The consequence is, that altho’ it should be proved, that twenty or twenty hundred instances of adherence to the enemy be proved, each of them by a single witness, the punishment of treason cannot be executed upon their author. Our law of treason too has for its model the british statutes on the same subject: and the uniform interpretation of them has been, that one witness to one overt act, and another to another of the same species shall amount to a conviction. This judgment favors life, but will, I fear, in the event countenance treason.
Mr. Jones has, no doubt, communicated to you a letter, which he received from Mr. Mercer, respecting a passage in Dr. Lee’s correspondence with Mr. Page. It is thought of and spoken of with much severity by some. But I cannot conceive, that the clamor, whic[h] has been excited, is comminsurate with the cause. It may produce events, fit for communication at a future day.
Pray inform Colo. Bland, that I do not send him a draught on Phila. this week; because Mr. Ambler is obliged to apply his dividend to a bill, drawn by him in favor of Mr. Hunter


Title: From James Madison to Edmund Randolph, 8 October 1782
From: Madison, James
To: Randolph, Edmund

My dear friend
Philadelphia, Ocr. 8. 1782.
Your favor of the 27th. of Sepr. came to hand yesterday and is a fresh instance of the friendly part you take in my necessities. In consequence of the hint in your last of a pressing representation to the Executive, our public letter of last week touched on that subject; but the letter recd. yesterday from the Govnr. which seems to chide our urgency forbids much expectation from such an expedient. The letter from Mr. A. inclosed for me a 2d. bill on Mr. Holker for 200 Dollars, which very seasonably enabled me to replace a loan by which I had anticipated it! About 350 more (& not less) would redeem me compleatly from the class of debtors.
I omitted in my late letters to inform you that the Sweedish Minister at Versailles had announced to Doctor Franklin the wish of his king to become an ally of the Uni. States and that the treaty might be negociated with the doctor in particular A Plenipotentiary commission has in consequence issued for that purpose The model transmitted by Congress is pretty analogous to the treaty with France but is limited in duration to twelve years
Mr. L——l. Notwithstanding the particular desire of the king of Sweden—Lee—Izzard and Bland particularly the first & last, struggled violently to deprive the doctor of the honour intended him Their struggles and manoevres however had no other effect than to display their extreme enmity
I have put the above article of intelligence in cypher because secrecy was requested by the doctor The request has not I find been very scrupulously attended to by others.
A letter was red. yesterday from Mr. Dana, bearing date the beginning of March. He had not then committed the step of which he had rendered us apprehensive, and assigns as the reason of the delay, the incompatibility of the mediatorial character of the Empress with its success You will recollect the doctrine maintained in his former letters on this subject.
In the answer to the communications of the French Minister relative to the current negociations at Versailles, Congress after renewing their usual assurances took occasion to press upon his M.C.M. in very strong terms the objects confided to his discretion including expressly the free navigation of the Mississippi This I hope has appeased in some the rage for varying the plan of our ultimatum How far it will be acceptable at Versailles I can not say. When that paragraph of the answer was read [in] public [to] the minister here by the committee, his emotion was expressed by a strong & universal suffusion of the face The Declaration of Congress published in the inclosed paper will however sweeten the pill Such a Declaration altho’ in some respects objectionable was judged upon the whole advisable at the present juncture Our ministers in Europe particularly Jay urged it much. Commissrs. Emissaries & Spies are announced in all their letters as the probable vehikles of British poison. We all know that this poison requires no antidote here. But we can not contest the judgment of our ministers in Europe as to what may be best calculated for that meridian
Docr. Lee set out the day before yesterday for Virga. His arrival at Richmond will give you access to such of the transactions of Congress as I may have from time to time omitted.
L——l. He left this place I believe in not the best of humours In Congress he has been frustrated in several favorite objects and from the press he has been most rudely handled The paper of Saturday is a mild sample of his sufferings Whether the charge upon which these attacks are made be true or not I can not decide On the first supposition, my feelings would have been irritated into a disavowal & the general comment on his silence shews that prudence would not have repressed them
In the paper which I inclose to Mr. A. is the act enabling the King to conclude a peace or truce with the colonies. at the date of the late despatches from France, the passing of the bill was disbelieved, and the supposed delay of it till the next session considered as one index of the hostile views of British Court. As there are 2 papers which come out now on Teusdays I shall divide them between you & Mr. A. so that an interchange will supply you both with the whole of the news.
We have not a word further from N York. At the meeting of the Comrs. for settling a cartel, a remonstrance was presented by those on the part of the U. S. on the subject of accts. &c. The Comrs. on the other part refused to receive it or to send it [to] Sr. G. Carlton. Genl Washington has inclosed it to him in a letter which has not yet been answered. This is all we as yet know of the negociation.
I hope you will execute your plan of penning a fresh Cypher. In case of a conveyance I will send the printed sheets I promised. But do not suffer this expectation to interfere with your own purpose.
Farewell
Genl. Lee died here on wednesday last after a short illness.
Penet we hear from Mr. de Marbois has become a bankrupt, of which the State of Virga. will take notice.


Title: To James Madison from Jacquelin Ambler, 12 October 1782
From: Ambler, Jacquelin
To: Madison, James

Dear Sir
Richmond Virga. 12. Octo. 1782
The Auditors are at present out of Town; as soon as there is a Board I will lay your Account before them. it is probable they must wait for the Scale of Depreciation from you before they can adjust it. In addition to the £60. which I informed you in my last I was endeavouring to purchase a Bill for, I have been enabled by the receipts of this Week to set apart £130. more. how I shall get it remitted I know not. I have tried every person of my acquaintance in the Mercantile Line for a Bill but in vain. Mr. Harrison seems to think that Mr. Holker may probably pay you the Money there and take your Draft on me for £300. Virga. Curry. I know not what to advise. Depending on this mode of transacting the Business with Mr. Holker I may let slip an opportunity of purchasing a good Bill. I know you must be distressed for want of this Money & am unhappy that it is not in my Power to send it on.
Messrs. Jones & Lee’s Money is at the direction of Colo. Munroe. Mr. Blands has been paid to Mr. Hunter agreeable to his Letter. I am
Dr Sir Yrs.
J. A.
I think you had better try Mr. Holker there is little probability I fear of getting a Bill soon from hence.
Since writing the above Mr. Ross sent the inclosed Drft for 200 Dollars which I forward with much pleasure.


Title: To James Madison from Edmund Pendleton, 14 October 1782
From: Pendleton, Edmund
To: Madison, James

Dr Sir
Virga. Octr 14th 1782
Tho’ this is Mr Jones’s turn, yet as you wrote last instead of him, to preserve order in the correspondence it is necessary I should acknowledge yr two favrs of the 24th past & 1st Instant, the former did not miscarry as I supposed, but by some blunder in the Post Office made a trip to Petersburg & returned to me. You know I am a stickler for order and my friend Mr Jones must excuse me. I should fear his illness prevented his writing, but as you don’t mention it, I impute it to some other Accident.
We are told the Negotiations at Paris were still going on the latter end of July; Tergiv’satious conduct I should think, must alone be the cause of Spining it out to such length; the view in such delay can be only to await the events of the campaign and the annecdote respecting Mr Grenville, plainly enough designates the dilatory Power. Truth could not be his motive in changing his position, since I have no doubt, if no unforeseen misfortune happens, but that the King will agree to our Independence much sooner than be disposed to it. However their continuing the Treaty gives reason to conclude that if no great change is produced on either side by this Campaign, they will treat seriously at the close of it. For I think the nation as soon as the eclat of Rodney’s Victory shall have grown stale, will return to their demand for Peace, wch the King & his Primeir will not be able to silence
From a view of things compared wth yr last Intelligence It seems to me that N. York will be evacuated—that the 2000 Germans & 1200 British lately arrived at Halifax, with the 1500 who went there from New York, will be sent to Canada to strengthen the defence of that Countrey, & the rest of the Army go to the West Indies, but in this conjecture, I may wholly mistake their System. I hope the Ships to the Eastward are secure from their Attempts. Nothing can equal the generosity of our Ally; which is as Permanent as it is beneficial; one would suppose the late Instance would inspire every American breast with the Warmest gratitude, yet I am told that a letter lately written to this Countrey by Dr Lee, contain[s] sentiments very different, & makes much noise in the State, to his disadvantage, Not to that of the Alliance. I wish the Indian incursion into Our frontiers may be discontinued, but I agree with the Sagacious Sachem, that we have more to hope for from an opinion impress[ed] on them of our power to hurt them, than from the tender mercies of the British King. I fancy there has been a smart rencounter with them in the Kentucky Countrey, but the Particulars are not ascertained.
It is said the Vessels from Ostend, mentioned in my last, belong to some Smuglers on the british Coast, but I don’t know the certainty of it. my Complts. to Mr Jones. I am
Dr Sr Yr very Affe Servt
Edmd Pendleton


Title: Virginia Delegates to Benjamin Harrison, [15 October] 1782
From: Virginia Delegates
To: Harrison, Benjamin

S’r,
[15 October 1782]
We have your Excellency’s Letter of the 5th with the inclosures which shall be lodged at the office of foreign affairs to be forwarded by separate conveyances as you desire. the inclosed is from this office. We also transmit your Excellency an extract of a Letter from S’r Guy Carlton to General Washington, in consequence of the apprehension and bringing to tryal in New Jersey a Citizen of that State who had taken arms agt. his Country. the latter part of it corroborates the intelligence lately transmitted us by General Washington from Canada and which we communicated to your Excellency, and gives us reason to hope the Indian ravages on our frontier will for awhile at least be suspended.
We have the honor to be with respect yr. Excelly’s. Obt. Hbe svts.
J. Madison Jr.Jos: Jones.


Title: From James Madison to Edmund Pendleton, [15 October] 1782
From: Madison, James
To: Pendleton, Edmund

Dear Sir
[15 October 1782]
Extract of a letter from Sr. Guy Carlton to Genl Washington dated Sepr. 12th. 1782.
“Partial tho’ our suspension of hostilities may be called, I thought it sufficient to have prevented those cruelties in the Jersies (avowed) which I have had occasion to mention more than once, but if war was the choice I never expected this suspension should operate further than to induce them to carry it on as is practiced by men of liberal minds. I am clearly of opinion with your Excellency, that mutual agreement is necessary for a suspension of hostility, and that without this mutual agreement either is free to act as each may judge expedient, yet I must at the same time frankly declare to you, that being no longer able to discern the object we contend for, I disapprove of all hostilities both by land & sea, as they only tend to multiply the miseries of individuals, when the public can reap no advantage by success. As to the Savages I have the best assurances that from a certain period not very long after my arrival here, no parties of Indians were sent out and that Messengers were dispatched to recall those who had gone forth before that time, and I have particular assurances of disapprobation of all that happened to your party on the side of Sandusky except so far as was necessary for self defence.” The language of this paragraph shews that the hope of a separate truce, if not a separate peace is still cherished by our insidious enemy.
We are in hourly expectation of further intelligence from Versailles but have as yet recd. nothing more than has been transmitted to you, on the subject of a pacification. The story brought by the Ostenders mentioned in your favor of the 7th. can scarcely be true. The combined fleets could not have left the channel before these adventurers must have got out of the European seas.
A letter from Mr. Carmichael of the middle of June speaks of great exertions & sanguine expectations relative to the siege of Gibralter. I wish it may be brought to an issue in time to prevent any interference with the pacific operations.
The talk of an evacuation of N. York this fall grows less and less prevelent. That of Charleston has probably taken place by this time, unless new arrangements from Europe have suspended it.
An Express I am just told is come [from] Boston to the French Minister who brings acct. of an arrival at that Place from Amsterdam after a very short passage. The Minister has no letters from Europe. His correspondent at Boston writes that the combined fleets had proceeded from the Channel for Gibralter, that unless this Garrison sd. be speedily relieved, its fall was certain, that the British fleet had returnd into port, that the French Trade with the W. Indies had arrived safe and that the French affairs in the E. Indies were in general in a favorable train. These are all the particulars I have been able to collect with sufficient precision to be transmitted. If Despatches sd have come for Congress, the next post will be more satisfactory
I am Dr Sir with great regard yr obt. & hble servt.
J. Madison Jr.


Title: From James Madison to Edmund Randolph, 15 October 1782
From: Madison, James
To: Randolph, Edmund

My dear Sir
Philada. Oct. 15th. 1782.
The offensive paragraph in the correspondence of Mr. L. with Mr. P. spoken of in your favor of the 5th. was as you supposed: communicated to me by Mr. Jones. I am however but very imperfectly informed of it.
We have not yet recd. a second volume of the negociations at Versailles; nor any other intelligence from Europe except a letter from Mr. Carmichael dated about the middle of June, which is chiefly confined to the great exertions & expectations with respect to Gibralter. Whilst the siege is depending it is much to be apprehended that the Court of Madrid will not accelerate a pacification.

The symtoms of an evacuation of N. Y. become every day less apparent. Our next intelligence from Charlestown will probably confirm our expectations as to that metropolis.

Our friend McClurg has been here some days reconnoitreing the ground on which he has been invited to build his future fortunes. His mind seems to be so equally divided that I can not yet discover what his final determination will be. If the immediate sacrifices were less inconvenient to his finances, he would, I fancy without hesitation embrace the prospect here.
Lovel—On a motion of Bland a committee was not long since appointed to enquire into the detention of the money and cloathing ordered from Holland in Gillons ship by Col. Laurens The report on the subject which was drawn by Bland [was?] one of the most signal monuments which party zeal has produced By mutilating and discolouring facts in the most shameless manner it loaded Franklin with the whole guilt and proposed finally a severe reprehension of him. This unfair hostility did not meet with the expected countenance of Congress After being considerably exposed a recommit[m]ent took place with an addition to the committee
The States which covet the backlands are by no means satisfied with the present prospect of being gratified It is in contemplation I am told to renew the attempt for a fresh recommendation on this subject. Unless a clause excluding the companies be annexed Virginia will of course oppose the measure I am not sanguine however that the opposition will be effectual There are not a few members and some of them too not the least respectable who altho’ unfriendly to the companies dislike such a condition as being unnecessary to Virginia and dishonorable to Congress
I am just informed that an Express which came yesterday evening to the Minister of France from Boston reports with certainty that a Vessel had arrived there after a short passage from Amsterdam. Whether the Express brought dispatches for Congress is not said. The Minister of Fr. is informed by his Correspondt. at Boston, that the Combined fleets had proceeded from the Channel towards Gibralter, that the fall of this Garrison was strongly expected, that the British fleet had returned into Port, that the French Trade from the W. Indies had arrived safe, and that the French affairs in the East Indies were in general in a very favorable posture. These are all the particulars which I have been able to provide for this post. If any dispatches have come for Congress, the next mail will be more satisfact[or]y.


Title: Memorial of Simon Nathan to Virginia Delegates, 17 October 1782
From: Madison, James
To: Virginia Delegates

October 17th. 1782
To the Honorable the Delegates of the State of Virginia in Congress
The Memorial of Simon Nathan Humbly Sheweth
That your Memorialist is possessed of Bills of Exchange to the Amount of about fifteen thousand pounds Philadelphia Currency drawn by Colonel Clark & Colonel Todd upon the State of Virginia & accepted by Governor Jefferson pursuant to an Order of Council to be paid in Tobacco at 25/ the hundred. That disputes have since arisen, very unexpectedly to your Memorialist, respecting the Payment of the said Bills, under a surmise that the same was drawn & purchased in Depreciated Money, altho your Memorialist is able to prove, he hopes to the satisfaction of the State, that they were drawn & purchased in Silver to the Amount specified in the Bills. That your Memorialist is at present reduced, thro losses in Trade in the Course of the last Year, to the Necessity of relying upon those Bills for the support of himself & his Family. That in fact he has no other Resourse. Wherefore he begs leave to urge the attention of the State to the settling of this Business. That he is willing to Receive a part and wait for the remainder till the State can conveniently pay it. That a third or even a fourth part at present would relieve him & he would be content to receive Interest for the Remainder during the War; tho at the same time it would be much more agreeable to receive the whole. That for adjusting the Sum really due to your Memorialist, he is willing to refer the Matter to indifferent Men or to submit to any other equitable Mode of Decision that may be desired. That he hopes however the Business will be as little delay’d as may possibly consist with the Conveniency of the State, as he has long lain out of his Money, and at first advanced it in New Orleans & Havana thro his attachment to the Cause of America and the high Ideas he entertaind of the United States;—and is now suffering for want of the Money
And your Memorialist will ever pray &ca
Simon Nathan


Title: To James Madison from Jacquelin Ambler, 18 October 1782
From: Ambler, Jacquelin
To: Madison, James

Dear Sir
Virga. Richmond 18: Octo. 1782
I am enabled to make you another Remittance by this Mail of £130, as you will find in the inclosed first Bill of David Ross &co. on John Ross Esqr. I could not get them at a shorter sight than 20. Days, but I hope this will make no material difference. This sum makes up £310. sent you, for which Warrts. have been taken out of the Auditors Office at different times & debited to you on Account. the like sum has been paid to the Orders or set apart for each of the other Gentlemen of the Delegation. I hope I shall be able to make an addition in two or three weeks. The Auditors still insist that they are not authorized to fix the Rates of Depreciation on the Paper Money paid you at the different Periods they expect this will be done by the Delegates & whatever appears to be the bal. on their state of the Accounts will be so passed in the Books of their Office.
Mr. Jameson will be much obliged to you to inform Colo. John Jameson that you have a Bill for One hundred Dollars to be applied to his use & to negotiate the inclosed for him. I am obliged to leave Town for some Days. Mr. Webb I hope will forward the Papers
I am Dr Sir Yrs
J. A.


Title: To James Madison from Edmund Randolph, 18 October 1782
From: Randolph, Edmund
To: Madison, James

My dear friend
Richmond Octr. 18. 1782
My omission to write by the post of the last week must be imputed to the hurry and tumult of business. Indeed my matter must be too uninteresting to admit the swelling of it into a long letter, until the assembly meets. I shall then repay you for your profitable communications to me.
I do not see the necessity of being discouraged by the governor’s letter from the representation I hinted at formerly. Certain it is, that the specifics are now for sale. Unless Mr. Ross’s demand should absorb too much, I do not conceive there can be an objection to the application of the balance to the relief of the dependents of the little Levite. That demand is said to amount [to] 1200 hds. of tobo.!!!
My Dearest Betsy was delivered of a daughter about a week ago. She and the infant are in good health. Mrs. Triste will not, I hope, believe, that she does not cordially thank her for her letter: for I assure her, that Mrs. R. has determined more than 20 times to take up her pen in answer, and has been always deterred by the rustiness of her fingers. But she now declares, that the first moment of her emancipation from her room shall be devoted to the support of a correspondence with Mrs. T.
Pray inform Colo. Bland, that the necessity of my immediately departing for court will prevent my answering his late favor now.


Title: Report on Alliance with the Netherlands, [22 October] 1782
From: Madison, James
To:

[22 October 1782]
The Committee consisting of Mr. Madison Mr. Carrol & Mr. Osgood to whom was referred the letter of the 18 of Aug: last from Mr. J. Adams with several other papers
Report
That Mr. Adams be informed that Congress approve of the reason assigned in his letter of the 9th. day of June last for not then proposing a Treaty of Alliance with the United Provinces: But that the accomplishment of such a coalition among the parties at war with G. Britain, as will extinguish all possibility and hope in the latter of disuniting her Enemies by negociation, being viewed by Congress as a very important object, it is their wish that no opportunity may be lost of accelerating the said Treaty, whenever the concurrence of his M. C. Majesty’s Minister and other circumstances shall have prepared the way for the proposition


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

Sir
Philada. Ocr. 22d. 1782
Your Excellency’s favor of the 12th. instant came duly to hand yesterday.
A Vessel lately arrived at Boston brought Congress a letter from Mr. Adams dated Hague Aug: 18th. 1782. The paper No. 1. herewith inclosed is a copy of the Plenipotentiary Commission lately issued by the British King to Mr. Fitzherbert, which came inclosed in it. All the other information of Mr. Adams relative to the progress of negociations for peace consists in the appointment of a Minister Plenipoty. by the States General who was to set out for Paris shortly after the date of his letter.
The papers No. 2 & 3. contain sundry Resolutions of Congress which explain themselves.
No. 4. is a Memorial from Simon Nathan. The Executive office will supply all the necessary information touching the subject of it, and will enable your Excellency & the Council to decide on the answer which Justice & the honor of the State may dictate. We only beg that it may be transmitted to us as early as convenient.
We have the honor to be with the highest esteem Yr. obt. & [hum]ble svts.
Jos: JonesJ. Madison Jr.


Title: From James Madison to Edmund Randolph, 22 October 1782
From: Madison, James
To: Randolph, Edmund

Editorial Note
As JM stated in the first paragraph of this letter, his quotation from the commission of Alleyne Fitzherbert is only a “skeleton” of the whole document. With their dispatch of 22 October to Governor Harrison (q.v.), the Virginia delegates sent, as enclosure No. 1, a copy by JM of the full text of the commission. He docketed it, “Copy of Plenipo: Commission to Mr. Fitzherbert No. 1. [July 24. 1782.].” Filed with this manuscript in the Virginia State Library is Arthur Lee’s translation of the Latin text of the commission into English. In the footnotes below, the portions of the commission omitted or abbreviated by JM are taken from the copy he made for Harrison. Unless otherwise noted, the quotations in English in the footnotes are from Lee’s translation.

My dear Sir
Philada. Ocr. 22d. 1782.
By the vessel spoken of in my last Congress have recd. a letter from Mr. Adams dated Hague Aug: 18th. which inclosed a copy of the Plenipotentiary Commission issued to Mr. Fitzherbert the British Minister at Brussels. The following skeleton of the Commission will give you an idea of its aspect towards America. “Geo: tertius &c. omnibus &c. salutem. Cum belli incendio, jam nimis diu diversis orbis terrarum partibus flagrante, in id quam maxime incumbamus, ut tranquilitas publica, tot litibus &c. rite compositis, reduci &c. possit, cumque eâ de causa, virum quendam tanto negocio pacem, ad bonum fratrem nostrum, Regem Chrismum. mittere decrevimus—Sciatis igitur quod nos fide &c. Allieni Fitzherbert &c. confisi, eundem &c. nominavimus &c. nostrum Plenipotentiarum &c. dantes &c. eidem omnem potestatem &c. nec non mandatum generale pariter ac speciale &c. in aulâ prædicti bon: frat: Reg: Chrismi. pro nobis et nostro nomine, una cum Plenipotentiariis, tam Celsorem et Præpotentium Dominorum, ordinum Generalium Fœderati Belgii, quam quorumcunque Principum et Statuum quorum interesse poterit, sufficiente auctoritate instructis, tam singulatim ac divisim quam aggregatim ac conjunctim, congrediendi &c. atque cum ipsis di pace, concordia &c. restituendis, tractandi &c. In quorum fidem &c. præsentibus &c. &c. in palitio nostro &c. 24 Jul: 1782.
The only further circumstance contained in his letter relative to the business of a pacification is the appointment of a Plenipo: by the States Genl. who was to set out for Paris in about three weeks after the date of the letter.
The States of Holland & W. Friesland had determined upon the proposed Treaty of Commerce & Mr. A. expected to have a speedy conference with the States Genl. in order to bring it to a conclusion.
The same conveyance brought Congress a letter from Mr. Dana dated June 28. It consists almost entirely of a dissertation on the commercial advantage of the Revolution to Russia, which had in consequence of his management been ultimately placed in the hands he wished. As a sample of his competency to the subject I subject the following paragraph “Besides, how is Russia paid for her productions &c.? Is it not by an exchange in a very great proportion for foreign commodities? Are not many of these for: comties: of the peculiar production or manufacture of America, such as Rice, Indigo, sugar coffee cocoanuts pimento cochineal and all sorts of dying woods Does it make no difference to the interests of Russia, whether she receives those articles directly from the countries which produce them, or in a circuitous voyage thro’ G. B. &c.”
As a sample of his political talents here is another paragraph: “Immediately after we had rcd. intelligence here of the late important change in the Councils & in the System of G: B. I consulted my correspondent upon the expediency of discloseing my public character without further delay to her Majestys principal minister He gave me his opinion freely & candidly. For your information I need only say that it is the same in every respect with his former one &c: I can not take upon me to say that his opinion is not well founded My private sentiment then was that that event could not fail to occasion a correspondent change in her Majestys system also but I knew my means of information were not as good as those of my correspondent, and that tho’ every one seemed to think the Mediation of her Majesty between G. B. and Holland in effect at an end, yet in form it was still kept up; so that the reasons against &c. might still be supposed to have some influence. This determined me to conform to his advice
The Secy. at War lately communicated to Congress an extract of a letter from Genl. Washington of a very unwelcome tenor It paints the discontents of the army in very unusual colours and surmises some dangerous eruption unless a payment can be effected within the present year The Secy. is gone to Head Quarters at the request of the general How far their joint precautions will calm the rising billows must be left to the result
Congress have reduced the estimate for the ensuing year to 6,000,000 Drs. and the requisition on the States for the present to 1/3 of that sum. A call for the residue is suspended till the result of their application for loans shall be known.
The Combined fleet have certainly gone to support the siege of Gibralter. The Dutch has returned to the Texel. According to the preconcerted plan it was to have proceeded North About after disposing of its Convoy and have reinforced the combined fleet. The disappointment is traced up to the machinations of the Prince of Orange whose attachment to the Enemies of the Republic seems to be fatal to all her exertions. For other particulars taken from foreign gazettes I refer to those herewith inclosed, and those inclosed to Mr. Ambler.
Mr. Jones has not yet thoroughly recovered from his late indisposition. A partial relapse has detained him from Congress for several days. His lady is at present in a much better State. Col: Bland has also been on the list of Valetudinarians. He is at present out of Town, having made an excursion for the benefit of exercise & of country air.
Yesterday’s post brought me no letter from you.


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

My dear sir.
Richmond Octr. 26. 1782.
Your favor by the last post was duly received, and enabled me to counteract a rumor, which Carleton’s letter had excited, of a thorough disposition and fixed resolution in Great Britain to close the war by the expected mortifications.
The assembly has not yet met, not more than thirty five members having appeared in town. The Mr. Lees have, contrary to their usual practice, failed to appear punctually at the time appointed. Mr. Henry, it was said, purposed to retire wholly: but a late letter from him to me gives one full reason to believe, that the report of his abdication is groundless.
Reformations are talked of in every department, and scrutinies are to be instituted with the fervor of republican jealousy. The office of commercial agent has already sunk by the resignation of the holder, and its total unfitness for revival. I suspect, that oeconomy will be the ostensible cause of some other capital changes. And where oeconomy will not serve as the pretext for other revolutions, which may be desired, some other principle will be devised. I speak at present in parables: because my suspicions may go beyond the truth, and the incompletion of the New cypher prevents the use of names as freely, as I ought to speak for the sake of explicitness. The court being about to rise will enable me to finish this cypher for the next post.
The great constitutional question which I mentioned to you two or three months ago has been agitated in the general court. But its immense magnitude caused it to be adjourned into the court of appeals. I am firmly persuaded that the general court, had the question been taken, would have pronounced the nullity of the law, as being against the constitution. It is proposed by some of the members of the assembly, to convene a committee from the legislative, and judiciary departments who shal[l] enter into a discussion of the subject, and defin[e] the powers of each. At first sight the measure appears eligible, as without an accommodation fou[n]ded upon a reasonable construction of the constitution the appeal must be made to the people. It is add[ed] too as part of the scheme, that a council of revisi[on] shall be established, to keep the legislature in futur[e] cases within its just limits.
Adieu


Title: To James Madison from Edmund Pendleton, 28 October 1782
From: Pendleton, Edmund
To: Madison, James

Dr Sir
Virga. Octr 28th 1782
I have yr favr of the 15th. I think Genl Carlton fairly acknowledges the Independance of America to be given up, when he can no longer discern the object of the War. however as they evade making it openly, these By-hints can have none other design than to endeavour to draw Us into a Separate treaty. As they know your resolution on that head it is time for them to determine upon a Genl Peace or War & act accordingly; the end of this Campaign will probably fix them.
If there be any truth in the French Minister’s Intelligence from Boston, there can be none in a story we have piping hot from Philada of an action between the Combined Fleets and Ld How[e] in the Chanell, in which the latter & 12 Capital Ships became prize to the former, to which story however I give no manner of credit.
Our Assembly were to have met a week agoe, but had not Members enough on Saturday. I am just setting out for Richmond to attend my Courts, of appeal & Chancery, from whence I shall continue my correspondence for about a Month. I am now in haste but no Circumstances will abate the ardor wth which I am
Dr Sr Yr affe friend
Edmd Pendleton


Title: Virginia Delegates to Benjamin Harrison, 29 October 1782
From: Virginia Delegates
To: Harrison, Benjamin

Sir,
Philada. Oct 29th, 1782.
We yesterday recd. your Excellency’s favor of the 19th instant. The contents of the inclosed paper are the whole of the foreign intelligence which has arrived since our last.
Some intelligence has been transmitted to Congress from the frontiers of N. York relative to preparations and designs in Canada which are far from corresponding with the pacific assurances held out in S’r G. Carlton’s late letter to Genl. Washington. How far the intelligence is well founded must be left to the event.
The British fleet at N. York had been busily making ready for sea and it is expected will soon sail from that Station. We have no intelligence of its destination. The W. Indies are the natural object of conjecture.
It is reported that on the arrival of the Packet at N. York Counter orders were immediately despatched to stop the evacuation of Charlestown.
We have the honor to be with the greatest respect Yr. Excellency’s Obt. Sevts.
J. Madison Jr.Theo’k. Bland Jr.
P. S. A Letter from Ge’l Washington just recd. corroborates the report of a vessel being sent to stop the evacuation of Charlestown.


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

My dear Sir
Philada. Ocr 29th. 1782.
Our Stock of European news has recd. no other addition since my last than what has transpired from the packet lately arrived at N. York and is published in the inclosed Gazette.
Some intelligence has been recd. from the Frontiers of N. Y. which revive the apprehension of further inroads from Canada and of a cooperation on the part of the Vermonteers. The tenor of Carlton’s letter to Genl. Washington on this subject and other circumstances render this article at least extremely doubtful.
The British fleet at N. Y. has been busy in preparing for sea and will probably soon depart from that Station. The W. Indies most naturally occur as the object of its destination. It is said these preparations have been much expedited by the most direct & undisguised supplies from the people of New Jersey
Congress have been occupied for several days past with the case of Lippencut referred to them by General Washington On one side it was urged that the disavowal and promises by the British commander the abolition of the obnoxious board of refugees and the general change of circumstances rendered retaliation unnecessary and inexpedient. On the other side it was contended that a departure from the resolution so solemnly adopted and repeated by General Washington and with equal solemnity ratified by Congress would be an indelible blot on our character, that after the confessions on the part of the enemy of the deed complained of a greater inflexibility on our part would be looked for and that after such confessions too the enemy would never suffer the innocent to perish if we persisted in demanding the guilty and finally that if they should suffer it the blood would be on their heads not on ours No definitive resolution has yet passed on the subject All the intermediate steps have been very properly entered on the secret journals
General Lincoln has just returned from the army. He has not yet made report to Congress. He says I understand that his visit has had a very salutary operation but that some pay must be found for the army Where it is to be found God knows The State of the public finances has already compelled the superintendant to give a discharge to the former contractors, and to accept of a new contract by which thirty Perct. is added to the price of a ration in consideration of credit for three months He has on this occasion written a pressing exhortation to the States, which I suppose is accessible to you.
Mr. Carrol moved yesterday a resolution for accepting the territorial cession of New York It stands the order for to day. I regret much on this occasion the absence of Mr Jones
Mr. Jones’s relapse was more severe than my last supposed. He has been since confined to his room & chiefly to his bed, and will remain a prisoner for some time. His disorder however is in a favorable train, and at present rather troublesome than dangerous. Col: Bland returned a few days ago from his excursion to Bethlehem, which has been very beneficial to his health. Docr. Lee I suppose is with you. The approach of Novr. revives my attention to your return.
I communicated to Mrs. T. the paragraph in your favr. of the 18th. inst: announcing the birth of your little daughter, and in return am charged to announce her affectionate congratulations. Mine I hope will always be presumed on every event which can add to the happiness of your family.
Yrs. Affecy.
J M.


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

Gentlemen
In Council 2d: Novem: 1782.
I received your favor of the 22d: Ulto: with it’s enclosures, if Mr: Nathan had not formerly put a Stop to a similar proposition of his for a reference his balance would have been long since paid. Mr: Madison I suppose can remember his Conduct on that Occasion, however to refresh his Memory the whole proceedings of our Delegates in this Business which I find are in the Council Office shall be sent by the next Post. True it is that Nathan has Goverr. Jeffersons acceptance of the Bills in his possession, and that from the Tenor of them it appears they were to be discharged in hard Money but we have every reason to think it never was intended by Gen: Clarke that they should be paid in it as he expressly tells us that all his Bills drawn [on] the Treasurer or Governor of the State were for paper Money, and to be accounted for and paid in it according to a Scale of depreciation which he sent us; Mr. Nathan’s transactions may be very fair for what I know but so many frauds have been practis’d in that Quarter that I am led to doubt every Thing, tis for this reason that Commisione[r]s are gone into that country to investigate the Truth and make a report on every Transaction, amongst them Nathans will be taken up, Gen: Clarke is also order’d here in the Spring to settle and clear up his conduct at which Time the troublesome Business will be finally settled, and paid as soon after as the Assembly shall please to provide funds, for which purpose I shall lay these demands before them. By a flag Ship just arrived with Prisoners from Charles Town, I learn that two fleets of transports were arrived there to take of[f] the Garrison, and that it was expected the Town would be evacuated by the 15th: of this Month.
We have not yet a sufficient number of Members in the assembly to proceed to Business. I am &c
B. H.


Title: To James Madison from Edmund Randolph, 2 November 1782
From: Randolph, Edmund
To: Madison, James

My dear sir
Richmond Novr. 2. 1782.
The great constitutional question, which was mentioned in my last letter, as having been adjourned from the general court to the court of appeals, received a second solemn hearing on thursday. The Judges, impressed with the dignity of it, have taken time until this day, when it will be finally decided, if some collateral objections should not prevent the dicision.
Dr. Lee came to town the day before yesterday, and by the last post a very scurrilous account of his having left Phila. for Richmond followed him, in one of the newspapers. Does the sacred liberty of the press justify such invectives against men in high office? Freedom of writing is designed for the scrutiny of public measures, and even of private characters, if connected with them. But what will be said in those countries, where the reputation of congress is synonomous with the reputation of the American cause, when a pasquinade against a member of that body is virulent and uncensured, altho’ no reason drawn from his public conduct, is assigned for it? Provision however will I suppose never be made against this mischief; as the states will not of themselves take it up, and congress must forbear to recommend it thro’ delicacy. The newspaper, which contains this piece is in great demand here: such is the propensity to scandal.
The assembly have not met, fifteen delegates being deficient yesterday. On Monday perhaps the season of warm debate will commence. Mr. Jefferson is coming down, but whether as a delegate or not, it is yet doubtful.

I am absolutely ashamed to repay your copious letters and particularly the last of 22: Ulto. by my short scraps: but the pressure of the court, added to the yet uninteresting matter of our country, must procure me a credit with you until the assembly get into full business.


Title: Notes on Debates, [1782–1783; 1787]
From: Madison, James
To:

[1782–1783, 1787]
Editorial Note
JM’s notes on the debates and other proceedings of Congress (LC: Madison Papers) extend for 493 unnumbered, four-by-six-inch pages, plus a 2-page insert sheet of a larger size, and also 3 blank pages. JM divided his notes into sixteen segments, each headed by a Roman numeral. The first fourteen embrace the record for 1782 and 1783; the remaining two, the record for 1787. Except for segments I, XIV, XV, and XVI, which are, respectively, 23, 32 plus the 2-page insert, 30, and 24 pages in length, each segment is limited to 32 pages, even though JM thereby often split his notes of a single day, and occasionally a sentence, between one segment and its sequel. This inflexible arrangement resulted from the use of sixteen small gatherings, which JM probably had fashioned from large sheets of paper. Finding that “the sheets were breaking at the folds and the edges were in need of reinforcement,” the Library of Congress removed the old stitching, mounted the leaves on sheets, and rebound them in one “volume” of three parts. This restoration work was completed in April 1965. For this information the editors are indebted to Mrs. Dorothy S. Eaton, Specialist, Early American History, Manuscript Division, Library of Congress.
Chronologically, JM’s journal divides into the periods from 4 November 1782 through 21 June 1783 and from 19 February through 26 April 1787. Within the latter time span, JM confined his summaries solely to the sessions of seventeen days—two in February, seven in March, and eight in April. In both sections of these notes, he frequently followed an entry of a date or inclusive dates with only the terse comment, “No Congress,” “See Journals,” “Nothing requiring notice,” or “The Journals sufficiently explain the proceedings of these days.” When the discussion of a subject in Congress continued during two successive days, as, for example, 9–10 January, 5–6 February, 4–5 and 13–14 March 1783, he sometimes recorded the substance of a speech without specifying on which day it was delivered. Occasionally, too, as on 28 November 1782, his entries deal with matters of public business other than the proceedings of Congress.
JM’s correspondence prior to August 1783 does not mention his note-taking, although presumably his fellow delegates from Virginia, and certainly Jefferson, knew of it before that time. JM may have referred to his notes in one or both of two missing letters he sent to Jefferson in November 1782. See Jefferson to JM, 26 November 1782, nn. 2 and 4. Late in the next month, expecting to embark for France as a peace commissioner, Jefferson arrived in Philadelphia. Thereafter until 26 January, and again more briefly in March 1783, he rented a room in Mrs. Samuel House’s home, where JM was also a lodger. On one and perhaps on both of these occasions, Jefferson briefly examined the notes (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (17 vols. to date; Princeton,
        N.J., 1950——)., VI, 211, 212, 216, 225, 226 n., 337). On 31 August of that year, when he was preparing to serve as a delegate in Congress from Virginia, he asked JM’s permission to read and jot down information from the notes, “as they will better than any thing else possess me of the business I am to enter on” (ibid., VI, 337).
Although Jefferson’s recognition of the value of the notes to a newcomer in Congress suggests one reason why JM may have decided to record what was said and done there, he no doubt was responding primarily to more personal considerations. The provision of the Articles of Confederation limiting the tenure of a delegate to three years in six reminded him that 4 November 1782, the date of the first entry in his notes, marked both the outset of a new congressional year and of the last one before he necessarily would retire from the “national” scene (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XIX, 215; Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 336, and n. 3; 358, n. 5). Judging from several of his or Jefferson’s remarks in their correspondence during 1783 and 1784, JM probably began his note-taking as a partial answer to the question of what he should do after completing his service as a delegate. Almost certainly discussing this problem with Jefferson while they were together in Philadelphia, JM decided to remain in the city for some months after his tenure in Congress ended, in order to read treatises on natural science and, above all, on public and international law, especially in its bearing upon “the several confederacies which have existed” (JM to Randolph, 3 June 1783 and 10 March 1784 in LC: Madison Papers; Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of Thomas Jefferson (17 vols. to date; Princeton,
        N.J., 1950——)., VI, 335, 337, 377, 537, 541; VII, 37).
He also planned to collect primary sources on the American Revolution with the design either of publishing them or of employing them in writing a history of that struggle. In pursuit of this objective, he accompanied his note-taking with an effort, largely exerted through Jefferson’s good offices, to gather documents portraying the earlier history of the Revolution. On JM’s behalf, his friend ascertained from Chancellor George Wythe, who had been a prominent member of the Continental Congress in 1776, that he had not preserved any “of his amendments or notes on the Confederation” (ibid., VI, 266). In response to JM’s request, Jefferson forwarded copies of the record he had made of the proceedings of the Continental Congress, 7 June to 1 August 1776, of “Voting in Congress and the Quotas of money to be required from the states,” and of “the original of the declaration of Independance,” showing “the alterations it underwent” (ibid., I, 309–27; VI, 273). In 1783 JM probably had in mind to group these papers as the opening section of a volume which would include his own notes and other documents as well. On the first page of his manuscript notes he wrote, perhaps many years later, “(see a preceding no. by Mr. Jefferson containing debates on the Declaration of Independence &c.) No. I continued to No. XVI inclusive.” On an indeterminable date or dates he also copied, with the assistance of a clerk, the Declaration of Independence and captioned it. “Original draught of declaration of Independ. by Mr. J.” (LC: Madison Papers).
During the latter half of 1783, a number of occurrences, including the move of Congress to Princeton, N.J. (see below), led JM to alter his plans and return to Montpelier early in December of that year. There, although he engaged in the “close reading” he had expected to do in Philadelphia, he suspended his search for documents (JM to Jefferson, 20 September, and 10 December 1783; 11 and 17 February 1784; to Randolph, 10 March 1784, each in LC: Madison Papers). Upon re-entering Congress in February 1787, he resumed his note-taking almost at once and brought it to a distinguished culmination in the Constitutional Convention before the year had ended. His prominent share in the contests to have the states ratify the Constitution demanded most of his attention for many months following the adjournment of the convention, but before the close of 1788 his hope revived of becoming a historian or an editor of documents revealing the civil history of the Revolution (JM to Washington, 2 December, and to Jefferson, 8 December 1788; to Pendleton, 4 April 1790, each in LC: Madison Papers).
Although this publication project stimulated JM’s lifelong penchant for note-taking, other considerations also probably help to explain why he undertook the task. Longstanding, controversial, and highly important issues, such as the peace negotiations, western lands, Vermont, and finances, were clearly approaching a climax by November 1782. By then, too, the official journals of Congress, which never included summaries of debates and often were published with aggravating slowness, had become increasingly vague and unreliable as a record of motions, committee reports, resolutions, and votes (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 26, n. 6; 134; 135, nn. 6, 8; Report on Washington-Carleton Correspondence, 12 August, n. 3; JM to Randolph, 13 August, n. 14; to Pendleton, 3 September, n. 9; Virginia Delegates to Harrison, 10 September 1782).
JM, moreover, hardly could have concluded that ending his service as a delegate in 1783, when only thirty-two years of age, would close his political career. Almost certainly, in view of his excellent record at Philadelphia, he would be returned to the General Assembly of Virginia by his constituents in Orange County. The precise information embodied in his notes could serve as an effective weapon against the Lee faction, which, even as he began his note-taking, was about to sponsor in the House of Delegates a program of legislation contrary for the most part to what he believed to be sound policy (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (5 vols. to date; Chicago, 1962——)., IV, 229, n. 11; 355; Randolph to JM, 8 November; 16 November; 22 November 1782).
On 21 June 1783, when JM terminated the first section of his notes, Congress adjourned at Philadelphia to reconvene at Princeton nine days later (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XXIV, 410, 411). By then a few of the chief problems of eight months before had been solved; the others, excepting the lack of money, were temporarily eclipsed in importance by the perilous discontent of the continental army. JM and Joseph Jones, furthermore, were quartered at Princeton “in one room scarcely ten feet square & in one bed,” with no space available for a desk or table. In these cramped lodgings, letter writing was enough of a burden without increasing it by continuing his notes (JM to James Madison, Sr., 30 August; to Randolph, 13 and 20 September; to Jefferson, 20 September 1783, each in LC: Madison Papers; Virginia Magazine of History and Biography, LX [1952], 264).
Of scholarly importance is the extent to which the original notes were altered by JM or by someone else after his death in 1836 and before 1840, when the notes were first published (Madison, Papers(Gilpin ed.). Henry D. Gilpin, ed., The
          Papers of James Madison (3 vols.; Washington, 1840). [Gilpin ed.], I, 187–467; II, 581–614). JM almost surely composed the earliest version from jottings made during his attendance at a session of Congress or, in the case of his own speeches, from memoranda prepared before his participation in a debate. His frequent interlineations and occasional footnotes, written in a hand characteristic either of his prime of life or of his old age, are usually distinguishable from his first draft and hence demonstrate that he revised it more than once. Also beyond doubt is the fact that he made use of the journals of Congress, probably soon after each was printed, to insert the full names of the speakers or other similar details. Wherever possible, the present editors will note these alterations when reproducing the text of his notes under their appropriate dates. In this connection, Madison was posthumously accused shortly after the Gilpin edition appeared of changing his notes at some time subsequent to 1792 for the purpose of injuring Alexander Hamilton. The validity of this charge will be discussed under the dates when JM recorded the debates to which the indictment chiefly relates.

In Congress
November 4th. 1782. Monday Elias Boudinot was chosen President by the Votes of N. Hamshire represented by John Taylor Gilman and Phillips White—Rhode Island by Jonathan Arnold and David Howell—Connecticut by Benjamin Huntington & Eliphalet Dyer—N. Jersey by Elias Boudinot & John Witherspoon—Pennsylvania by Thomas Smith George Clyme[r] & Henry Wyncoop—Delaware by Thomas McKean & Samuel Wharton—Maryland by John Hanson, Daniel Carroll & William Hems[ley.] The votes of Virga. represented by James Madison & Theoderick Bland & of S. Carolina represented by John Rutledge, Ralph Izard, David Ramsay, & John Lewis Gervais, were given to Mr. Bland—The vote of N. York represented by James Duane & Ezra L’Hommedieu to Abner Nash. The vote of N. C. by Abner Nash, Hugh Williamson & William Blount to John Rutledge. Mass[a]chussts, having no Delegate but Samuel Osgood had no vote—Georgia had no Delegate
A Letter dated Ocr. 30. 1782 from Gel. Washing[ton] was read, informing Congress of his putting the army into Winter Quarters, & of the sailing of 14 ships of the line from N. York, supposed to be for the W. Indies & without Troops.
do. July 8. from Mr. Carmichael at St Ildefonso informing Congress of the good effect in Europe of the rejection of the proposal of Carlton, by Congress & the States; that the King of Spain speaking of this news at table praised greatly the probity of the Americans, raising his voice in such a manner that all the foreign ministers might hear him. Mr. Carmichael adds that He had discovered that the Imperial & Russian Ministers by directions from their Courts had renewed their offered mediation to his M. C. M. and that he suspected England was at the bottom of it.—Quere.
do. Nants Sepr. 5. from Mr. Laurens, notifying his intention to return to America; that being so advised by his friends he had applied to the Ct. of L[ond]on for a passport via Falmouth; that Cornwallis had interested himself therein & that the passport had been promised.


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

Teusday Novr. 5.
A Resolution passed authorising Genl Washington to obtain the exchange of 2 foreign officers notwithstanding the Resoln: of the 16 of Ocr. declaring that Congress will go into no partial exchanges until a general Cartel be settled on national principles. This measure passed without due consideration by the votes of N. H. R. I. Cont: Del: Maryland N. C. & S. C. on the motion of Mr. Osgood it was reconsidered, in order to refer the case to the Secy of War & Genl Washington to take order. By Mr Madison opposition was made agst. any partial exchange in the face of the solemn declaration passed on the 16 Ocr. as highly dishonorable to Congress, especially as that declaration was made in order to compel the enemy to a national convention with the U. S. All exchanges had been previously made on the part of the former by the Military authority of their Generals. After the letter of Genl: Carlton & Admiral Digby notifying the purpose of the British King to acknowledge our Independence, it was thought expedient by Congress to assume a higher tone. It was supposed also at the time of changing this mode that it would be a test of the Enemy’s sincerity with regard to Independence. As the trial had been made & the British Commander either from a want of power or of will had declined treating of a Cartel on national ground, it would be peculiarly preposterous & pusilanimous in Congress to return to the former mode. An adjournment suspended the vote on the question for referring the case to the Secy. & Genl. to take order.