Title: Motion on Impost, [3 February] 1781
From: Madison, James
To:

[3 February 1781]
That it be earnestly recommended to the States, as indispensably necessary to the support of public credit and the prosecution of the war, immediately to pass laws laying an impost of 5 PerCt. ad valorem on all goods wares & merchandises imported into them respectively after the 1st. day of May next from any foreign port Island or plantation, to vest Congress with full power to collect & to appropriate the same to the discharge of the principal & interest of all debts already contracted or which may be contracted on the faith of the United States during the present war, and to give to the Officers which shall be appointed by Congress to collect the said impost all the legal authorities necessary to the execution of his duty.


Title: Committee Report on Tax Status of Friendly Aliens, [5 February] 1781
From: Madison, James
To:

[5 February 1781]
The Committee to whom was referred the letter of the 20th. day of Novr. 1780 from Presidt. Ware with the papers enclosed having considered the subject to which they relate, and consulted the best sources of information within there power as to the law of Nations thereon, Report,

That it does not appear that any principle or usage established among the most friendly powers, or the spirit or tenor of any particular conventions among such powers & still less any article or clause in the Treaties between his most Xn Majesty & the United States, authorize a claim of exemption by the subjects of the former residing in America from any taxes or imposts on their property, common to the Citizens of the latter and to the subjects of other nations.
That Alien friends appear to be entitled by their residence to exemption from all military & other personal services except in certain critical situations, from all taxes laid directly on their persons, and in general from all such other taxes as in their nature have immediate relation to Citizenship, and are incompatible with the duties they owe to their lawful Sovereigns
With respect to the particular case of Monsr. Delatour a french subject residing in N. Hamshire stated to Congress by President Ware, the Committee are of opinion that the tax on his stock in trade of which he complains, being common to the Citizens of that State and no wise incompatible with his character of a French subject, is liable to no objection; unless such effects be included in his computed Stock as lie out of that State, to which distinction careful attention ought to be paid.
The Committee further report as their opinion that as the general Law of Nations does not define with any degree of precision the privileges and obligations of foreigners with respect to taxes & imposts, and as the Treaties subsisting between France & the U. States contain no particular regulations on that subject, and as it is of the utmost consequence to the inter[est] of commerce & to harmony of intercourse between the U. States & their Allies, that some precise & permanent rules thereon founded on equity liberality & reciprocity should be speedily settled, it is expedient that the Minister Plenipotentiary at the Court of Versailles should be author[ized] to open a negociation with that Court for such purpose, and that a Committee be appointed to prepare the necessary instructions for his conduct therein.


Title: To James Madison from Edmund Pendleton, 5 February 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga Feby 5th 1781
I congratulate with you upon the very Agreable Intelligence from the South, of which you will have a full account ere this reaches you. I think Ld Cornwallis’s Army must be broken & can only depend for safety upon that at Cambden under Genl Lesly, & could we immediately fill up our line for the War, I think the termination of that evil would not be far distant. I have heard Arnold & his crew have left Us, but don’t know the certainty— Nor what purpose the Assembly are to meet the 1st. of March—unless it be on the subject of money or that any circumstance respecting the recruiting the men, may make it necessary. perhaps times appointed for measures, may have elapsed during the Invasion & require new directions.
Our friend Craddock Taylor wishes to know if there are any hopes of his speedy exchange—there are some Seamen at Winchester who would answer the purpose, if they can be applied to it, but that you know best. My Nephew Mr Harry Pendleton is here & desires his Complts to you. It is said that in Morgan’s engagement the Militia behaved to a Charm—dealing out their Bayonets with all the Spirit & Dexterity of Veterans, let them have credit for it. My Complts to Mr Jones I will be ready to write him next week. I am
Dr Sr Yr Affe & Obt
Edmd Pendleton


Title: Thomas Jefferson to Virginia Delegates in Congress, 7 February 1781
From: Jefferson, Thomas
To: Virginia Delegates in Congress

Gentlemen
Richmond Febry 7th. 1781.
The Courier d’Europe a vessel from Penet & Coy. having on board military stores for this state was chased into Boston by the enemy in the summer of 1779. They were principally Artillery Stores, too bulky and heavy for us to think of bringing them on by land. By the loss of our papers we are unable to furnish an invoice of them but they are in the hands of a Mr. J. Bradford in Boston who I suppose can furnish you with one. If you can get them on board any part of the French Fleet which may at any time be coming here, it would be eligible: otherwise I would beg the favour of you to have them disposed of to the best advantage for the public.
I am with very great respect & esteem Gentm. Your most. Obt. & Mst. hmbl St.
T. J.


Title: Virginia Delegates in Congress to Thomas Jefferson, 13 February 1781
From: Virginia Delegates in Congress
To: Jefferson, Thomas

Philada. Feby. 13th. 1781
Sir
By the Speaker Harrison who arrived here the day before yesterday we were honored with your Excellency’s favor of the 26th. Ulto. We shall communicate your answer to the Baron d’Arendt, and if his claim against the State be supported by proper evidence shall take the best steps in our power to discharge it

A Vessel just arrived from Cadiz has brought Congress two letters from Mr. Carmichael, from one of which dated Madrid Novr. 28th. 1780. the following is extracted: “From the best information I have been able to collect I am sorry to tell you, that the nation (British) will be able to borrow the sum demanded for the expenditures of 1781, which with the usual vote of credit at the end of the session will amount to 16 Millions sterling at least. The scheme of the Ministry to effect this is not yet public but I am told it will be on similar conditions to that of the present year. 92,000 men are voted for the marine, and I have reason to think a considerable reinforcement will be sent early to the Southward and that agreeable to a proposition of Sr. J. Amherst the Enemy means to occupy and fortify strongly a post near the Mouth of Chesapeak from which, with a strong Garrison & naval force, they hope to interrupt the navigation of the bay and by frequent incursions prevent the States of Maryland & Virginia from sending supplies of men &c &c. to the Carolinas Among the troops mentioned to be embarked there are three regiments of Light Dragoons. Your servants nearer G. B. will however give you more accurate information. I am persuaded that our Ally will take early measures for defeating these designs. This latter information is derived indirectly from conversations with men in a situation to be well informed.” Private letters by the same conveyance add that the blockade of Gibraltar was continued with great vigor, and that the Garrison began to be severely distressed.
We have the honor to be with great respect & esteem Yr. Excelly’s. obt & hume servants
Jos: Jones
James Madison Junr.
Theok. Bland Jr


Title: Virginia Delegates in Congress to Thomas Jefferson, 13 February 1781
From: Virginia Delegates in Congress
To: Jefferson, Thomas

Philadelphia Feby. 13 1781
Sr.
We are Just informd from Genl. Varnum a Member now in Congress from Rhode Island that he has received Certain Intelligence that the Culloden of 74 Guns is drove on Shore and all her Crew except 17 men Perishd. the London of 90 Guns is driven out to Sea dismasted and two other 64 Gun Men of War Were dismasted entirely and all their Guns thrown over board in the late Storm. Since writing the above We have procured the acct. from Genl. Varnum in his own hand, which We have the Honor to Enclose. it is moreover added that on hearing the above the Enemy at N. York sent orders to Arnold to retreat from Virginia. Heavenly Storm[.] we are Yr. Exclys Most obedt. Serts
Jos: Jones
Theok: Bland


Title: From James Madison to Edmund Pendleton, [13] February 1781
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Feby. [13] 1781
I have your favor of the 5th. instant by the post. Col. Harrison arrived here yesterday, and as he mentions no circumstance which indicated an intended departure of the Enemy I am afraid your intelligence on that subject was not well founded. Immediately on the receipt of your former letter relating to an exchange of C. Taylor I applied to the Admiralty department, and if such a step can be brought about with propriety, I hope he will be gratified, but considering the tenor of their treatment of naval prisoners, and the resolutions with which it has inspired Congress, I do not think it probable that exchanges will go on easily, and if this were less the case, a mere passenger under the indulgence too of a parole, can scarcly hope to be preferred to such as are suffering the utmost hardships and were made prisoners in public service.
A vessel arrived here a few days ago from Cadiz which brings letters of as late date as the last of Decr. Those that are official tell us that England is making the most strenuous exertions for the current year, & that she is likely to be but too successful in the great article of money. The Parliament have voted 92000 seamen, and a considerable land reinforcement for their Southern Army in America is also sd to be in preparation. Private letters by the same conveyance mention that the blockage of Gibralter is going on with alacrity, and that the garrison is in such distress as flatters the hope of a speedy capitulation.
If Mr. Pendleton your nephew is still with you be pleased to return him my compliments. With great respect I am
Dr Sr. Yr. Obt. servant
J. Madison Jnr.


Title: Samuel Nightingale, Jr., to Virginia Delegates in Congress, 15 February 1781
From: Nightingale, Samuel, Jr.
To: Virginia Delegates in Congress

Gentn.
Providence Feby 15th 1781
I Recd your Favor of 2nd Jany, and your Order for the Goods, in my hands, in favor of Monsr. La Touch, and have Deliverd them to his Agent Monsr Dubosy ye 31st Jany last as Pr a Rect Inclosed, and hope they will arrive in Virginia in good order. Monsr. Dubosy refused to give a Rect for the paritcular Articles, as he had not seen them. In your Order you mention that I should send the Amunition there was but little and that Clamed by Monsr. Couloux La Vigna, and it was Delivered him. There is some Chinces & Velvets & Thick felts that was marked MR yet in my hands, it is supposed these belong to Mr. Robert Morris of Philadelphia, There is also the Cordage & Sole Leather, (all the rest are sent by the above conveyance) These are articles that cannot be much wanted in Virginia, and there is some charges to pay here, I propose selling these for that purpose, and as soon as they are sold shall send you an Acct of them, with the Bills that are now unpaid. I have had much more Trouble with these goods than to receive goods from any Person, and sell them, as I attended the whole time of unlading & Storeing them, takeing there marks & Numbers, opening and makeing an Invoice of the whole, then Packing them up untill after Coart, Gitting Evidences, attending the Tryal at the Admiralty Coart, dividing the goods, and makeing Invoices of the division, Packing up the goods again, giveing Copies of all the Invoices and other papers to remain in the Admiralty office, Settling with the Recaptors not without Difficulty &c &c—For which I propose Chargeing Two & one half Pr. Ct. Commissions, Five Pr. Ct. is the customary Commissions in the New England States.

I sent a Letter to His Excelency Govr. Jefferson with these goods, inclosing Monsr. Dubosy Rect, also a general Invoice mentiong the Number of pieces [of] Broad Colth, Serges, Linnens, and all the things that was deliverd them. A more particular Invoice I before sent you. I now send you a Copy of the Invoice of the whole Cargo that came in the Schooner Le Committe to Providence, with some Accounts & bills[.] I did not pack the Arms in Straw, as I Proposed to you some time past, but was ready to do it, if they went by land; but it was not necessary as they went by water.
Messrs Madison & Bland


Title: Motion of Virginia Delegates in Congress, [19 February] 1781
From: Virginia Delegates in Congress
To:

[19 February 1781]
On motion of the delegates of Virginia;
Ordered, That the quartermaster general be and hereby is directed to transport to Fort Pitt four tons of powder, to be delivered to the order of the State of Virginia, and for which the said State is to be accountable; that the expence of such transportation be charged to the said State, and that a warrant be issued by the Board of Treasury, in favour of the said quartermaster general, on the treasury of Virginia, for twelve hundred dollars, in bills emitted pursuant to the resolution of 18 March last, for which the said State is to be credited.


Title: Thomas Jefferson to Virginia Delegates in Congress, 22 February 1781
From: Jefferson, Thomas
To: Virginia Delegates in Congress

GentlemenIn Council Feby 22d. 1781
The object of the inclosed Memorial of Messrs. Stodder, Kerr & North being attainable by Congress only and proper to be the Subject of a representation from them I take the Liberty of transmitting it to you that Justice may be done to the parties interested.
I have the honor to be with great respect—Gentlemen your mo. ob. Hble Servant.
Th: Jefferson
P.S. We are and have long been without Letters of Marque


Title: Amendment to Committee Report on Hartford Convention, [ca. 23 February] 1781
From: Madison, James
To:

[ca. 23 February 1781]
to report to Congress thereon, except such as in the opinion of the Committee require order to be taken by the respective departments, which the Committee shall lay before Congress in the first instance with such their Opinion.


Title: To James Madison from Edmund Pendleton, 5 March 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga March 5. 1781
I have yr favr of the 13th past and thank you for the foreign Intelligence, on which head we are made to expect something more Interesting this week, by an Account which a Gentleman Affirms he saw going to the Press in yr city, of Count D’Estaigne’s having taken 7 sail of the line of British ships out of a Squadron of 9. & forty odd Transports—wither bound, we hear not, & of course taking it by the best handle for ourselves, we set it down for the reinforcement we have been threaten’d with, to their Southern Army; and conclude we have so many less to contend with.
In mentioning the race between Green & Cornwallis, I stated them as running Parrelel at the distance of about 60 miles; It seems they were much closer & in the same tract, Green’s rear frequently Skirmishing with the other’s Van to give his own time to get on. however Dan River ended the Pursuit, His Ldship having staid on the South side about ten days—retreated to Hillsborough, & there divided his Army into 3 bodies, one setting out towards Salisbury, another towards Cape Fear, & a third, taking a course between. If he continues that order of March, as his Parties must soon be far distant one from another, I think two at least if not the whole, must fall a Prey to the Pursuers, or to Govr Nash & Caswell who, he said, have a large body in their way: But this is rather supposed to be a Shamade, & that he will soon reunite them in one body, & March for Cambden. Be it as it may, I think our Cavalry must do something on this retreat.
It is mentioned as from good authority, that the French ships in our Bay had been out on a cruise, & returned with five provision Ships & two Arm’d Vessells, destined for Portsmouth[.] I fancy a Seasonable disappointment to the Enemy, who are rather Scarce there. Our Assembly met on Fryday last & Colo Lee placed in the Chair without opposition. We continue to pick up men for the War & shall get more than I expected.
The Groupe of Cols I formerly mentioned it is now said brought Green 2000 men who are chearfully gone with him in the pursuit, and I hope will be an Over Match for Cornwallis’s Mirmidons, in bearing the fatigues of March, as well as Skirmishing should they meet in the woods. let Virga have credit for having thus stop’d this powerful Adventurer, on her borders, if she should not be able to give a more agreable Account of him.
My nephew is still with me & desires his complts to you & Mr Jones.
I am Dr Sr yr affe & Obt Servt
Edmd Pendleton


Title: Virginia Delegates to Thomas Jefferson, 6 March 1781
From: Virginia Delegates
To: Jefferson, Thomas

Sir
Phila: 6th. Mar: 1781
The Minister of France having imparted to Mr. Jones as Chairman of a Committee appointed to confer with him on some secret matters the intentions of Ct. Rochambeau and Mr. destouches explained in the inclosed note, we thought it of such consequence that your Excellency should be certainly apprized of them, that notwithstanding the probability of the communication being made through some other channel we determined to guard against all risk of failure by despatching one of the established Expresses. As the success of the Enterprize will depend s[o] much on secrecy of preparation, and celerity of execution[,] We beg leave to intimate to your Excellency, that it is the wish of the Minister that no persons should be admitted to a knowledge of it, from whom it can be justifiably concealed, and that such military stores, particularly heavy cannon & mortars, as are in the hands of the state and will be wanted for a siege may be in readiness to go forward at a moment’s call. The Minister also wishes that some supplies of provision, of beef especially, for the French troops may be included in your general preparations. we are with great respect
Yr: Excelys. obed. hum Servts.
Jos: Jones.Jas. Madison Junr.


Title: Thomas Jefferson to Virginia Delegates, 8 March 1781
From: Jefferson, Thomas
To: Virginia Delegates

Gentlemen
In Council March 8th. 1781
The inclosed papers so fully explain themselves, that I need say nothing more to apprize you of the Subject. Should the Governor of Maryland and President of Maryland not close with my third proposition you are hereby authorized to treat with the Delegates of those two States or any other Person appointed by the States and to settle the best method of availing the Southern Army of their Supplies. The proposition from Govr Lee nor any thing like it can possibly be admitted on our part. I have the Honor to be with great respect & esteem
Your &c
T. J.


Title: To James Madison from David Jameson, 10 March 1781
From: Jameson, David
To: Madison, James

Dr Sir
Richmond March 10. 1781
In my letter by last post I mentioned to you that I had been absent sometime looking into my affairs in the lower Country, as an apology for not writing. I forgot then to acquaint you that the Auditors have recd. the box of Papers, but have not opened it. We have recd. no intelligence from Gen. Greenes Camp since the Govrs. letter to the President of Congress by the Express. I please myself with the hope that Gen Greene will be enabled to give a good accot. of Ld Cornwallis. I have seen Mr Maury. Col Harrison is not yet returned. The Assembly propose emitting ten Million wch. Sum I am sorry to say I fear will not serve till May. Some G[entle]men here insinuate that Dr Franklin is alone blameable for the delay in the clothing &ca. so long expected from France. We are anxious to know the true reason Cap Maxwell who had been sent down the Bay with dispatches for the French Commodore was chased by two sloops & with difficulty got into Back River. while he contd. there (on the [?]th), he saw the Swift & two Sloops go out from Hampton Road and so station themselves in the Bay as to give Signals from the Capes up. Maxwell waited in hope of a favourable opporty of going out in quest of the French Ships. Neither he or any other person then knew they were gone back to Rhode Island. most heartily do I wish they were returned. I shall be quite uneasy till I hear they are again in our Bay. were they now in, I should not doubt of Arnolds Banditti, Ships and all, falling into theirs & our hands. If they do not appear soon I fear it will be difficult to keep our Militia in the Field. the Militia law is very defective and I am sorry to say too many avail themselves of its defects. while Maxwel lay with his Boat in Back River the British made the expedition mentd. in the Gazette A Midshipman & 7 sailors deserted from the Charon report that the Men on board the Fleet are at half allowance of provisions—that a quarrel subsisted between Cap Simonds & Arnold about the division of the plunder—that the Charon lay at the entrance of Eliz[abeth] River, that they had Vessels ready to sink in the Chanel that they had fire ships & floating batteries—that there were great dissentions among the land officers, the regulars held with Dundas & Simcoe, the provincials adhered to Arnold, that desertion prevailed, that a Fever raged among the Negroes wch. swept off great numbers of them.
It is reported that letters have been intercepted between Arnold & Gen Gregory of N. Carolina who was stationed at the N. West landing—however if it is true (—I hope it is not—) I believe that pass will be kept secure, as a body of Men had been ordered there to reinforce Gregory, fearing Arnold might attempt to escape that way Adieu
D. Jameson


Title: Proposed Amendment of Articles of Confederation, [12 March] 1781
From: Madison, James
To:

[Mar. 12, 1781]
Whereas it is stipulated and declared in the 13th. Article of the Confederation “that every State shall abide by the determinations of the United States in Congress assembled on all questions which by this Confederation are submitted to them. And that the Articles of this Confederation shall be inviolably observed by every State”: by which Arti[c]le a general and implied power is vested in the United States in Congress assembled to enforce and carry into effect all the Articles of the said Confederation against any of the States which shall refuse or neglect to abide by such their determinations, or shall otherwise violate any of the said Articles, but no determinate and particular provision is made for that purpose: And Whereas the want of such provision may be made a pretext to call into Question the Legality of measures which may be necessary for preserving the authority of the Confederation & for doing justice to the States which shall duly fulfill their foederal engagements, and it is moreover most consonant to the spirit of a free constitution that on the one hand all exercise of power should be explicitly and precisely warranted, and on the other that the penal consequences of a violation of duty should be clearly promulged and understood: and Whereas it is further declared by the said 13th Article of the Confederation that no addition shall be made to the Articles thereof, Unless the same shall be agreed to in a Congress of the United States and be afterwards confirmed by the Legislatures of every State: The United States in Congress assembled having seriously & maturely deliberated on these considerations, and being desirous as far as possible to cement & invigorate the federal Union, that it may be both established on the most immutable basis, and be the more effectual for securing the immediate object of it, do hereby agree to, and recommend to the Legislatures of every State to confirm & to authorise their Delegates in Congress to subscribe, the following clause as an Additional Article to the 13 Articles of Confederation & perpetual Union:
It is understood & hereby declared that in case any one or more of the Confederated States shall refuse or neglect to abide by the determinations of the United States in Congress assembled or to observe all the Articles of the Confederation as required in the 13th. Article; the said United States in Congress assembled are fully authorised to employ the force of the United States as well by sea as by land to compel such State or States to fulfill their federal engagements, and particularly to make distraint on any of the effects Vessels and Merchandizes of such State or States or of any of the Citizens thereof wherever found, and to prohibit and prevent their trade and intercourse as well with any other of the United States and the Citizens thereof, as with any foreign State, and as well by land as by sea, untill full compensation or compliance be obtained with respect to all Requisitions made by the United States in Congress assembled in pursuance of the Articles of Confederation.
And it is to be understood, and is hereby agreed and conceded that this Article shall be fully and absolutely binding and conclusive when all the States not actually in the Possession of the Enemy, shall enact the same


Title: Thomas Jefferson to Virginia Delegates, 15 March 1781
From: Jefferson, Thomas
To: Virginia Delegates

Gentlemen
In Council March 15th 1781
A Difference of opinion having taken place between the Executive of this State and Mr Simon Nathan as to the rate at which certain Bills of exchange should be discharged in paper money—we have agreed with him to refer it to such Gentlemen of Knowledge in the Laws, of established Character & of any other State as yourselves shall mutually agree on with him. Their award shall be performed by the State, which means to stand in the place as well of the Drawer as Drawee. Mr Wilson & Mr Serjeant had been consulted by Mr Nathan.
I inclose to you Mr Pendleton’s & Wythe’s Opinion. You will be pleased to observe that the State of the Case requires from Mr Nathan actual proof that he took up the Bills at par Mr Nathan having agreed with us all the facts as stated, I am to suppose nothing contrary to them will be received. as his Signature here was omitted perhaps it would be best for you to require it before submission. It is not our Desire to pay off those Bills according to the present Depreciation but according to their actual value in hard money at the time they were drawn with Interest. The state having received value so far it is just it should be substantially paid. All beyond this will be plunder made by some Person or other. The Executive in the most candid manner departed from the advantage which their Tender law gave them in the beginning. It seems very hard to make this the means of obtaining an unjust Gain from the State
I have the Honor to be &c&c
T. J.


Title: Motion for Complete Non-Intercourse with Great Britain, [16 March] 1781
From: Madison, James
To:

[16 March 1781]
Whereas in order to afford to the Virtuous individuals of G. B. an asylum from the tyranny against which these States had taken arms, and to favor the importation of such warlike stores as were necessary for the defence of the sd States, all Vessels belonging to any inhabitant or inhabitants of G. Britain bringing settlers arms ammunition or warlike Stores for the use of these [then Colonies] now United States, were, together with such Stores & the effects of such settlers, by a Resolution of the 23 of March 1776 exempted from siezure and condemnation as lawful prize, which exemption by a Resolution of the 24 of July 1776 became extended to all Vessels under like circumstances belonging to any subject or subjects of the King of G. B. And Whereas from compassion to the distresses of the Inhabitants of Bermudas and Providence or the Bahama Islands All Vessels, and all goods wares and merchandizes belonging to the said Inhabitants were by the Resolution last referred to excepted from being deemed & adjudged lawful prize, which exception as far as it relates to the inhabitants of the Bermuda Islands is still in force: And whereas the original grounds of these indulgences no longer exist; and there is also reason to apprehend that under cover thereof a clandestine trade and intercourse is carried on with the enemy by which they are the better enabled to support the burdens of the War, and prosecute the arts of seduction among the Citizens of these States as well as to give colour to their misrepresentations in Europe of a latent predilection in these States towards them; and it moreover doth not accord with the intimate connection subsisting between the United States and his M. C. Majesty that any of the subjects of the power with which they are both at war, should be regarded as friends or neutrals by the one whilst they are regarded as enemies by the other party, and the more especially as the communication resulting from their being regarded as friends or neutrals by the former may interfere with the commercial advantages of the latter, at the same time that it adds to the resources of the common enemy for protracting the war:
Resolved that all the resolutions above recited or referred to, so far as they exempt Vessels belonging to any subject or subjects of the King of G. B. bringing settlers, arms, ammunition or warlike Stores for the use of the United States or the Citizens thereof, or such warlike stores or the effects of such Settlers; or which exempt the Ships & other Vessels or the goods wares & merchandizes belonging to any inhabitant or inhabitants of the islands of Bermudas, from capture and condemnation be & they are Hereby repealed. Resolved that the Board of Admiralty or the Secretary of Marine make such alterations in the Commissions & instructions issued & the bonds taken in that department as the foregoing resolution may require.
And Whereas there is just ground to suspect that the letters of Protection which have been granted by Congress in particular instances to Citizens & inhabitants of the United States for the removal of their property from places within the dominion or possession of the Enemy have notwithstanding the precautions with which they were guarded been made subservient to a commercial intercourse with the enemy; And whereas there is equal ground to suspect that Vessels the property of subjects of the King of G. B & laden with merchandize the property of the said subjects have been imported into the United States under fraudulent clearances from places not within the dominion or possession of the Enemy:
Resolved That from & after the date hereof the United States in Congress assembled will grant no letters of protection for the purpose above mentioned; and that after the  day of  no benefit shall be claimed from any such as have been already granted.
Resolved that it be recommended to the Executives of the several States to take the most vigilant & effectual measures for detecting & suppressing such fraudulent importations.
Ordered That copies of the foregoing resolutions be transmitted to the Executives of the States, to the public Ministers of the United States, at foreig[n] Courts, & that the same be communicated to the Honble. the Minister Plenipotentiary of his Most. C. Majesty


Title: To James Madison from Edmund Pendleton, 19 March 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir
Virga March 19, 1781
Yr favr of the 27th was closely followed by Col. Harrison who gave me much information; I had the Satisfaction, among other things, to learn that your health was re-establish’d, which I had entertain’d some fears about, from Accounts last fall. May it long continue firm & Vigorous.
I have been long in hopes of hearing some good Account of Cornwallis, in consequence of his mad trip, and Reports for some time had been very favourable to such expectations. Having nothing from thence lately, we considered [it] as a bad omen, and are prepared for any disagreeable Intelligence, to which two loose stories, of the defection of a Militia General Grigory, who had engaged to betray & deliver up 1000 men, but was discovered in time to prevent it—and the Surprize of our Infantry under a Colo. Williams, have a good deal contributed. A third indeed is added, that our Militia, cool in ardor in proportion as they retire from the line of the State, & grow impatient. I wish they could always be engaged as soon as they are Collected, whilst they possess that fire which they carry from home. I fear indeed that they want provisions in that Countrey, not abounding in them at best, & now exhausted by the Ravage of both Armies. In short I cannot avoid my fears of disagreeable news from that quarter after expecting the best.
It is strange that we can’t depend upon what we hear even from the Sea coast of our own Countrey. You’l have heard of the Enemy’s having come from Portsmouth into Hampton Neck for plunder. the Spirit of a few neighbouring Militia, tho’ they got hurt in the opposition, deprived them of all their plunder, except a few negroes & horses. we first heard they had gone back to their Den; then that they had advanced to York Town. We were last week assured the Marquis had got safe down & a considerable French Fleet arrived; Now we are told that neither has happen’d; We have two Accounts circulating, which we consider in Opposition [to] each other, & but one of them can be true, if either be so—that St Eustatia is taken by Britain and that Count D’Estaigne had burnt 300 Ships in Kingston Harbour & plunder’d the Town. If the Account of the Count’s former Capture of part of Hood’s Squadron be true, the latter is not improbable; Nor if it be groundless, is the former:
Were the Outlines of the Basis of a Treaty for Peace which were published in the Packet, really sent from Spain, or fabricated in Philada? I think they would be a good foundation to build on.
My mouth waters when I read the Advt. for the Sale of the Saratoga’s Prize, containing such a quantity of that Cordial Elixir I have long been deprived of—however I will not depart from the restraint I laid on myself from the beginning, to purchase nothing which is not absolutely necessary.
We have just heard that our Allies have lost their Naval Superiority to the Northward. my Complts. to Mr Jones. I am
Dr Sr Your Affecte & obt Servt
Edmd Pendleton

Our Assembly have yet done nothing, being engaged in a dispute about privilege.
The Marquis is arrived at York in a whale boat, two days after another boat arrived there with about 30 men—the residue of his men got to Annapolis just time enough to escape two Frigates Arnold sent up to take them.


Title: Motion on Stodder, Kerr, and North, [26 March] 1781
From: Continental Congress
To:

[26 March 1781]
A letter, of 22 February, from the governor of Virginia, was read, with a memorial enclosed from Messrs. Stodder, Kerr and North; Whereupon,
On motion of Mr. [James] Madison, seconded by Mr. M[eriwether] Smith,
Ordered, That authenticated copies of the said memorial, protests and affidavits, be transmitted to the hon. John Adams, and that he be instructed to represent the case to which they relate to their High Mightinesses the States General of the United Provinces of the Netherlands, and to claim such redress for the memorialists as justice and the law of nations require.


Title: Thomas Jefferson to Virginia Delegates, 26 March 1781
From: Jefferson, Thomas
To: Virginia Delegates

Gentlemen
In Council, Richmond March 26th. 1781
I beg leave to ask your Sollicitations with Congress for Permission to Colo. William Davies of the Virginia line to accept an Appointment to the War Office of this State without prejudice to his rank and right to half-pay for life, Lands, and Depreciation of pay. I am in Hopes it will be the more easily obtained as by the Discontinuance of appointing full Colonels in the Army[,] Officers of that rank seem not to be deemed essential. We are told too that instances of similar Indulgence do exist: particularly, that his Excellency Governor Clinton of New York retains his rank of Brigadier General. And the honble Mr McDowall a Delegate in Congress that of Major General in the Continental Army. A speedy answer to our Application is much desired. I have the Honor to be &c
T. J.
P. S. I will be much obliged to you for the Pensylvania Act either of Assembly or of the Executive for taking off the Embargo on flour &c by the first Conveyance.


Title: To James Madison from Edmund Pendleton, 26 March 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir:
Virga. March 26, 1781
I have yr favr of the 13th which announces Mr Jones’s intention of coming to Virginia; so that you will have for a time at least, the whole burthen of my Correspondence on your hands, as I am in this Instance a severe task-Master, & can’t abate of my weekly revenue. I am sorry there is so good ground for discrediting Count D’Estaigne’s Victory, I even doubt his going at all to the West Indies, which may admit of the Enemy’s parting with some of their Ships from that quarter to reinforce & give a decided Superiority to their Fleet in America. Indeed our Executive are of opinion that the Squadron now in Our Bay is from thence commanded by Rodney, however from their number & sort It is generally supposed to be the New York Fleet, & that their errand is to take away Arnold’s corps. some negroes lately escaped say the Troops at Portsmouth are in high spirits, upon the prospect of getting off. The Marquis it is said, is much chagreen’d at his disappointment.
A Vessell is just arrived from Martinico, the Capt. of wch Affirms that the british have taken Statia, as well as the American Vessels, but I rather think it a mistake as that would be too bold an Attack upon the confederation for supporting the rights of Neutrality, for even the Apethitic Dutch to bear. They might colour over the taking the American Vessels, but not the other.
I can almost venture to congratulate you upon the event of Genl. Green’s Battle, which tho’ he first quitted the field, may be considered in its effects as a Victory; since he retreated in good order, unpursued, & offer’d battle again the same day, which was declined on the part of Ld Cornwallis—since their loss at least doubled ours, and our General & men remain’d in high Spirits, eager for another Action, when the Account came away. This will however be highly puff’d off at New York, if we may judge of their Candour from the Account they Publish’d of Morgan[‘s] brilliant Victory. I am happy in being told that our Militia at this time stood as firm as a Rock, tho’ concern’d to hear their brave leader Genl Stevens received a wound in his thigh, it is said to be in the Flesh only & not dangerous. It is said the N. Carolina Militia were very bashful, but I hope they may recover their fortitude another time. If Arnold goes, I expect it will be there, which affording an opportunity to the Marquis & Genl Wayne to Unite their Corps to Green’s, may draw the contest more to a Point, & be productive of some good consequences, tho’ the detail divided rencounters might probably be more promising of success to us.
I send you for yr Amusement a Battery which Our Assembly was Preparing to send to Congress, agt the Northern States, but were diverted from the Subject by Coll. Harrison’s return & the prospect of Assistance. you will consider it as the Rough draft of a private Member only, not considered even [by] the Committee who were to prepare it. It may be not improper perhaps for Congress to pay some attention to the Sentiments, tho’ you’l not publish the paper.
The Assembly this Session got over that frugal disposition which at the last prevented their filling up our Representation to Congress, & they have done so. Whether Colo. Lee’s election to the Chair & the Drs presence gave hope of the latter’s being appointed, & produced the change of Sentiment, or to what other cause it is to be attributed, I will leave to Motive-Mongers to decide, & only say that Colo. Harrison is elected, but it was in [his] absence. I know not whether he means to accept it. I know not what the Assembly have done besides authorizing the emission of 15 Millions more, & directing the raising two Legions for State defence to consist of 600 Infantry & 100 Cavalry each, under a Brigr. (Spotswood) Lt Cols Taylor & Meade, & 2 Majors each. The Cavalry to find their own Horses, Officers & men to receive Continental pay rations & forage, whilst on duty, wch is only during an Invasion—the privates half pay at all other times, & the whole exempted from all other Militia duty & drafts; which, if compleated, will be a better defence agt. Plunderers than our former Systems.
I am Dr Sr Yr Affe. hble Servt
Edmd Pendleton


Title: Expense Account as Delegate in Congress, 27 March 1781
From: Madison, James
To:

Gentlemen
Philada March 27t. 1781.
The inclosed is a state of my account with the Commonwealth of Virginia from the 20th of Decr 1780 to the 20th of March 1781 being one 1 Quarter
I have the honor to be with great respect, Gentlemen your obedt & humble servant
J Madison Junr.

Dr.    James Madison Junr. in Account with the Commonwealth of Virginia    Cr.

Dollars
1781

1781.
To Balance due on settlement Decr. 20th
11502
March 20.
By Board & lodging including Company from Decr. 20th. -80
26400

Jany 3d.
To Cash recd. of Mich: Graatz balance due on a warrant drawn in his favor on the Auditors by the Delegates
6000

By incidental expences in fruits & not included in board
736

Feby 3.
To do. recd. of Mr. Jones
10,648⅔

By expence of two horses at the public Stables from Decr. 20
3844

21.
To do. recd. of do
20,222½

By forage for do. during scarcities at the stables
690

48,373

By 1¼ Cord of Wood
714

By Candles
230

By Washing
1680

By Barber
420

By allowance for 90 days at 20 drs per day
1800

36514

Balance in hand
11859

48373


Title: Virginia Delegates to Thomas Jefferson, 27 March 1781
From: Virginia Delegates
To: Jefferson, Thomas

Sir,
Philada. March 27, 1781.
On the receipt of your favor of the 22d of February inclosing the Memorial of Mr. Stodder and Kerr with the protests and affidavits annexed, we communicated the matter to Congress, and have obtained an instruction to the Hon’ble Mr. Adams to represent the same to the States General of the United Provinces, and to claim such redress for the Memorialists as justice and the law of Nations require. We have also received your Excellency’s favor of the 15th instant relating to Mr. Nathan with the several papers under the same cover and shall carry your Excellency’s wishes into execution in the best manner we can.
Capt. de la touche is arrived here from the French fleet, with the stores belonging to Virginia, which were delivered to him at Providence … Capt de La Touche confirms the intelligence of an action between the two fleets on the 16th It does not appear to have been by any means a decisive, though a pretty severe one. The French claim the advantage, and say that the English appeared very willing to decline a renewal of the combat.
We have the honor to be with the most perfect respect and esteem y’r Excellency’s Obt. and humble Servants
James Madison Junr.Theo’k Bland


Title: To James Madison from Nathanael Greene, 1 April 1781
From: Greene, Nathanael
To: Madison, James

Sir
Head Quarters. confluence of Deep &Haw Rivers. April 1st. 1781.
I have the honor to acknowledge the receipt, & to thank you, for your Obliging Letter of January 13th.
I am uncertain whether I have not done this before, but am fearfull thro’ the hurry of a variously active Campaign it was put up without being answered, as the Copy cannot now be found. Sh[oul]d I h[ave] neglected to have given it an answer before as I fear is the case my situation must plea[d] my apology.
I am Sir with the most perfect respect Your most Obedient & Humble Servant
Nath Greene


Title: To James Madison from Joseph Jones, 3 April 1781
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Fredericksburg 3d. April. 1781
I arrived here the 7th. day after my departure from Philadelphia. the sanguine hopes entertained before I set out of taking Arnold and his party at Portsmouth, lessened as I advanced and at length were entirely lost by certain information that the British Fleet were in the Bay after engaging that of the French off the Capes. The issue of the conflict has been variously reported. the accot. wch. obtains most credit is that the French disabled one of the British 74’s but as the Fleet left the Bay in two days after the[y] entered it in quest as it is said of the French Fleet the presumption is they were not much injured. a Report prevails that a second engagement took place the 24th. near the Capes as a heavy Cannonade was then heard in that quarter. of this, as well as the first engagement it is probable you are better informed than we are as I met two expresses with Despatches for Congress and Govr. Lee giving an accot. it was said of the above transactions and of the Battle between Generals Greene & Cornwallis. I bespoke a pair of leather Breeches of a Breeches maker whose name I have forgot but who lives on the right hand side of Market Street as you go to the Market and the Corner of 4th. street; they are for Col. Taliaferro and the price 600 dolls. be pleased to get them and deliver them to the late Genl. Woodfords Servt. Daniel when he calls for th[em.]
Mrs. Woodford as well as myself will tha[nk] you for information where she is to apply for payment of the allowance made the widows of deceased officers, what the allow[ance] is and at what periods payable.
Since writing the above I have your Letter by the Post and find my conjectures true—that yo[u] knew more of the above transactions than we did. [A] Letter from Weedon informs that 23 transports with Troops commanded by Genl. Philips arrived Sunday week (the 25th. ult.) at Lynhaven Bay convoyed by the Chatham, Roebuck Rainbow—the Hancock & 4 other Frigates. Weedon further writes that a Letter from Greene of the 23d. ult. mentions that his Army [is] in high spirits and ready for another Action, the Enemy retreating and his army advancing. They left our wounded & 70 of their own. Complts to the Family Ys. aff.
J. Jones


Title: George Mason to Virginia Delegates, 3 and 20 April 1781
From: Mason, George
To: Virginia Delegates

(Duplicate)
Gentlemen,
Virginia, Gunston-Hall, April 3d. 1781.
Permit me to recommend to your Consideration a Subject, which I think merits the Attention of Congress. The Enemy is now professedly carrying on a predatory [War] against Us, contrary to the Custom of civilised Nations; a Board of Refugees has been some time sitting at New York upon the Subject of Depredation, and consulting upon the most effectual Methods of plundering the defenceless Part of the Inhabitants of the American States; in which they are avowedly authorised and supported by the British King & his Generals: several private People have lately been robbed, their Houses burned, & their Estates ruined by the Crews of British Ships: Arnold is at this time preparing a great number of flat-bottomed Boats at Portsmouth, notoriously for the purpose of plundering the Tobacco warehouses, & the Inhabitants upon the Rivers & Creeks in Virginia & Maryland. How practicable a plan of this Sort is, & how great a Proportion of the People are exposed to it, I need hardly mention to Gentlemen acquainted with the Situation of this Country. What may be the fatal Consequences, not only of disabling many thousands from paying their Taxes, & contributing to the Support of the common Cause, but of throwing them also, as a dead weight, upon the rest of the Community, or how few of them may have public Virtue enough to withstand the Terrors of Poverty & Ruin, are Topics, which however disagreeable to enlarge on, deserve the most serious Reflection; if possibly the Evil may be averted. Whether the King & his Ministry, encouraged by th[eir Success] in Carolina, expect by such Means to make an easier Conquest of [the sou]thern States; or whether, expecting the Interfereance of the great P[owers of] Europe, to compel them to relinquish their Claim to the American States, they are now acting upon Principles of Revenge, determined to desolate what they despair of recovering. Be this as it may, it is surely the Duty of the great Council of America to endeavour, if possible, to prevent the Mischief, and save from Ruin such numbers of their Citizens. Whoever considers the Importance of the Trade of these States to Great Britain, and her Expectations of great part of it returning into British Channels, upon a peace, may readily conceive that She will be alarmed at any Measures which may affect it hereafter, by imposing such Burdens upon it, as will give a lasting preferrence to other Nations. If therefore Congress were to recommend to the Legislatures of the different States immediately to enact Laws, declaring that all private Property; which hath been, or shall be plundered or destroyed, by the British Troops, or others, acting under the Authority of the King of Great Britain, beyond high Water Mark, from a certain Day, shall be hereafter reimbursed & made good to the individual Sufferers, & their Heirs, by Dutys to be imposed upon all Imports from Great Britain into the respective States, after a Peace; & to be continued until full Reparation shall be accordingly made; and for this Purpose, directing Valuations, upon Oath, to be made of all private Property so plundered or destroyed, to be returned, with the Names & places of Abode of the Owners, to some certain Public Office, within each State, & there duly registered, it is more than probable it wou’d produce good Effects. The Fund is adequate to the Purpose, and the Measure, without Conquest, cou’d not be counteracted; there is hardly a Merchant or Manufacturer in Great Britain who wou’d not feel himself affected by it: if anything can restrain them, this probably wou’d; their Commanders here wou’d immediately represent it to the Ministry, & require their further Instructions, and the Nation wou’d be cautious of repeating Mischiefs, which must one Day reverberate upon themselves. If it had not this Effect, it wou’d at least be a peice of Justice to the injured, to whom the Community owes Justice, if it can not afford them Protection. The Only objection that occurs to Me is the common Maxim, that all Dutys ultimately fall upon the Consumer, and consequently that this wou’d be a Tax upon Ourselves; if this were true, I think it no good Objection; because it wou’d only be reimbursing, by a voluntary Tax, one part of the Community what they had suffered, from their local Circumstances, more than the other, without any Fault of their own; but the Maxim is not true, with Respect to Dutys upon the Imports of any particular Country, [w]hile we are not confined to their Market, but have an open Trade with all the World; and therefore this Charge wou’d fall either upon the aggressing Nation, or upon those, who, disaffected to the American [C]ause, were desirous of giving Great Britain an impolitic & undue [pre]ferrence, or it wou’d fall partly upon both. I got a Bill passed, a [Yea]r or two ago, to this Purpose, in the Virginia House of Delegates; but it [wa]s rejected in the Senate, for no other Reason, that I cou’d learn, but that it was in Vain for Virginia to make such a Law, unless similar Measures were adopted by the other States. Shou’d these Hints be approved, there is not a Moment to be lost; and such a Measure shoud not be intended merely in terrorem, but carryed into the strictest Execution.
There is another Subject which deserves the Public Attention. I have always endeavoured to make myself well acquainted with the Sentiments of the Bulk of the People, conscious that, in Governments like ours, upon this, in a great Measure, must depend the Success of the present Contest. I live in a Part of the Country remarkable for its Whigism, & Attachment to the Cause of Liberty; and it is with much Concern I find a general Opinion prevailing, that our Allies are spinning out the War, in order to weaken America, as well as Great Britain, and thereby leave Us, at the End of it, as dependent as possible upon themselves; however unjust this Opinion may be, it is natural enough to Planters & Farmers, burdened with heavy Taxes, & frequently draged from their Familys upon military Duty, on the continual Alarms occasioned by the Superiority of the British Navy. They see their Property daily exposed to Destruction, they see with what Facility the British Troops are removed from one Part of the Continent to another, and with what infinite Charge & Fatigue ours are, too late, obliged to follow. If our Allies had a superior Fleet here, I shou’d have very little Doubt of a favourable Issue to the War; but without it, I fear we are deceiving both them and ourselves, in expecting We shall be able to keep our People much longer firm, in so unequal an Opposition to Great Britain. Wou’d it not be wise & honest to lay this Matter candidly before them; and with decent Firmness, explain how much our mutual Interest requires a Fleet upon the American Coasts, superior to that of our common Enemy?
I have thus ventured to give You my Thoughts upon these very interesting Subjects, trusting that the Motives upon which I act (the Good of our Country) will induce You to pardon such a Liberty in a private Gentleman, and render any further Apology unnecessary. Ill-health hindering my Attendance at Richmond, upon the last Session of Assembly, prevents my knowing which of the Virginia Delegates are now at Congress; otherwise I shou’d only have wrote to one or two of the Members, instead of addressing myself to the Delegation, in a Letter, which from the Superscription, may appear to have the Air of an official one.
I have the Honour to be, with the greatest Respect, Gentlemen, Your most obdt. Hble Sert
G Ma[son]

P.S. April 20th.
Since the above Letter was wrote, several of the Enemy’s Ships have been within two or three Miles of Alexandria; they have burn’d & plundered several Houses, & carryed off a great many Slaves; tho’ I have hitherto been fortunate enough to lose no Part of my Property.


Title: Motion on Rules of Congress, [6 April] 1781
From: Continental Congress
To:

[6 April 1781]
On motion of Mr. [James] Madison, seconded by Mr. [John] Mathews:
Ordered, That the report of the committee appointed to revise the rules for conducting business be re-committed.


Title: Thomas Jefferson to Virginia Delegates, 6 April 1781
From: Jefferson, Thomas
To: Virginia Delegates

Gentlemen,
In Council Richmond April 6th. 1781
I have received your letter informing us of the Arrival of our Arms &c from Rhode Island at Philadelphia, and must pray you immediately to send forward the packages whithin mentioned containing Arms &c, engaging Waggons for that Purpose who shall be paid on their arrival here the price you contract to give them, and be protected from Impresses while in this State. Tho’ we do not know the force of the Enemy now at Portsmouth yet the lowest Accounts make them 4,000. This will satisfy you how urgent is our want of those Arms. It is impossible to give you an Idea of the Distress we are in for want of Lead. Should this Army from Portsmouth come forth and become active (and as we have no reason to believe they came here to Sleep) our Affairs will assume a very disagreable Aspect. The want of Arms and military Stores cannot be compensated by Numbers of Militia as that of regular Souldiers may.
Very considerable Debts of a year or two’s standing are due from Colo Finnie and his former Deputies. The present Quarter Master refuses to pay them. Colo Finnie gives himself no trouble about them. His former Deputies are anxious to pay them, and we willing to advance Monies to those Deputies for this Purpose if Congress will give us their Sanction. You will observe nothing was ever done by our legislature in Consequence of the resolution of Congress of 26th. May 1780. Will you be so good as to obtain the Sanction of Congress for our paying these very clamorous & injured Creditors through the former Deputy Quarter Master and this to be done immediately.

Mr Ross our Commercial Agent since the shutting up our bay finds it necessary to establish funds as far as possible in Philadelphia from which place all our Clothing and necessaries for the Army must come.
We ask the favour of you to be attentive to aid him wherever any remittances of Money shall be intended to the Southward to have them paid to Mr Ross[‘]s Agent there and draw on him for the Amount which shall be paid here and to give them every other possible Assistance in that way. He is furnished so largely with Tobacco and State Money as to leave no doubt of a want of punctuality.
To what a deplorable State shall we be reduced if the Bay continues blocked up. Commerce both Public and private is already taking it’s Turn to Philadelphia, our Continental Money is all gone or going off in that Channel and no other resources for remittances to that place. I am &c
T. J.


Title: To James Madison from Edmund Pendleton, 7 April 1781
From: Pendleton, Edmund
To: Madison, James

Dr Sir
Richmond, April the 7th. 1781
I have yr favr of the 27th past, which gave us the first certain account what had become of the French Fleet since the Engagement off our Capes. It is confidently affirmed the british took a 64 or 74 & have her now with their fleet. I do not believe it unless it be one not belonging to the Fleet engaged, pick’d up at some other time, and that is very improbable.
Reports continue uncertain as to the Number & destination of the late reinforcement from New York. they have not hitherto made any hostile movement here, and are generally supposed to be design’d for more Southward operations, either by land through No Carolina or to be sent round by water. If we are to credit a report just received, Ld. Cornwallis wants their Assistance for we are told that in severe engagements on two Successive days, Green was Victorious, & had wounded his army sorely—this comes in a letter from a Virga Officer to his Lady, which had been read by a Gentleman from whom another Gentn had it who brough[t] it here, both of undoubted credit—but no Official Account of the affair is yet brought to the Governour. It is not in the letter but a report accompanys it—That Tarletons Legion is wholly cut to pieces, & himself kill’d having refused to accept quarter. In this situation the time of service of our militia with Genl. Green is expired & he will be left a Prey to the Enemy or obliged to Abandon his prospects and fly from Victory before Our men can be replaced. do Congress mean to leave the Weight of this Southern War entirely upon Virginia? Or Suffer our Main Army to remain idle Spectators of repeated drafts from New York to recruit the Enemy in this Quarter, without any corresponding Assistance to Us? Surely not, as it must produce the worst consequences. I am happy to find our people willing to exert themselves on this great Occasion, but know they are not alone able to support this burthen, nor do I believe they will submit to be duped.
A report was circulated last week upon a letter from yr City that the Empress of Russia was dead and her Successor had joined Britain which by another letter this week is improved into a junction of all the Northern Powers with that Court, but as you did not mention it, I am Satisfied ‘tis a Mercantile Manoeuvre.
I am Dr Sr Yr Affe friend
Edmd Pendleton


Title: Virginia Delegates to Thomas Jefferson, [ca. 10 April] 1781
From: Virginia Delegates
To: Jefferson, Thomas

[ca. 10 April 1781]
with no Difficulty in arbitrating [the dis]pute, as he admitted the Facts state[d as] agreed between you; and acquiesced in the Gentleman proposed, but contrary to our Expectation we received a Letter from him a Copy of which is enclosed and also our answer to it. You [will] see by these Letters the Turn this [af]fair has taken; and we must wait your further Instructions. Mr. Nathan urges that he may be indulged in the Choice of Merchants to arbitrate th[e dis]pute; if you approve of his Req[uest] you will be pleased to signify your pleasure.
Your favour of the 26th. of [March] came to hand yesterday. We shall attend to what you have mention’d therein respecting Col. Davis, and give you as speedy an Answer as possible
[a] Packet had arrived at New York from England, bringing Advice of the Sailing of the French Fleet for America. It is very probable the Acct. is true.
We have the Honour to be, with very great Respect Your Excellency’s Most obedient Servants.
James Madison Junr.


Title: Motion on Court of Appeals, [12 April] 1781
From: Continental Congress
To:

[12 April 1781]
That the Judges of appeal in cases of Capture hold their sessions at Williamsburg in the state of Virginia on the first monday of November in each year—at Philadelphia on the first monday of april—at Hartford in Connecticut Boston M. Providence R.I. on the first monday of June—and at the place where Congress shall be sitting on the first monday of September.
That when an appeal is prayed in any case and granted[,] the states order their respective Judges that full and fair Copies in one record be sent up to the Court of appeals.
That the appellant in every cause pay to the register of appeals thirty specie dollars or the real equivalent before the cause shall be argued—the said monies to be deducted from the salary of the said register.
That the Judges have a discretionary power of determining the costs—but that only one advocate’s fee be charged upon the party who are to pay the costs at no more than thirty specie dollars for each cause or its real equivalent.
That the states be called upon to order their respective marshals to carry into immediate execution the decrees of Judgments of the said Court under the penalty of dismission by the said Court of appeals and action for damages in the Courts of common law at the suit of the party injured.
That the Judges of appeal in cases of capture be also the Judges for the trial of piraces and felonies committed on the high seas whose commissions shall be during good behavior.
That their sessions be held at the places above-mentioned and immediately upon the adjournment of the Court of appeals. That the states be called upon to order their sheriffs and Gaolers to attend the said Court when necessary: and to remove all persons charged with piracy or felony on the high seas to the Gaol most convenient for Trial.
That the states of R. I. M. Connecticut Pennsylvania and Virginia be requested to furnish proper apartments for holding the said Courts in their respective dominions.
That the Judges be authorized to appoint a person in each of the places above-mentioned to act as register and clerk of the said Courts, whose salary shall be 500 specie dollars pr. annum or the real equivalent to be paid yearly from the continental Treasury, the said officer paying all the incidental charges of the Court such as wood, paper, ink &c. and also an under officer to keep the peace and attend the Court while sitting.
That the Judges be complimented with a black robe by the united states as proper to appear in during the sitting of the Courts.
That as the expences of such extensive duty in traveling, Books and other matters will be great
That the said Judges be allowed each five thousand dollars pr. annum or the real equivalent to be paid by the continental Treasurer in quarterly payments.
That the said Judges or their registers be allowed or entitled to no perquisites of office whatever.


Title: Thomas Jefferson to Virginia Delegates, 13 April 1781
From: Jefferson, Thomas
To: Virginia Delegates

Sir,
In Council April 13th. 1781
Your letter of the 3d inst. came to hand yesterday. You will by this Time have received letters from me desiring you to do what you have done as to the Arms and in some measure as to the refugees. It would be more agreable to us that they should be sent to France than delivered up to us. I beg leave to add to the Names of those I before mentioned one Cranmer who is said to be the most mischievous of the whole. There may be others, whom it would be desireable to have removed with them, were their names known to us.
I inclose you a Copy of an intercepted letter from a Captain Thomas of the British in which you will find a Display of the present plan of the Enemy as to Chesapeake Bay and it’s waters, and Copies of Letters from Captain Reade, and Colonel Richard Henry Lee, shewing that the plan is now in a Course of execution. I trouble you with them as they may enable you to avail us of any Opportunity which may occur of getting the bay scoured. I also inclose an extract of a letter from General Greene to Baron Steuben, to shew you what are the Apprehensions for the Want of lead since the failure of our Mine. I am &
T. J.


Title: From James Madison to Thomas Jefferson, 16 April 1781
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Philada. April 16th. 1781
The inclosed paper is a copy of a report from a Committee now lying on the table of Congress for Consideration. The delicacy and importance of the subject makes me wish for your judgment on it before it undergoes the final decision of Congress.
The necessity of arming Congress with coercive powers arises from the shameful deficiency of some of the States which are most capable of yielding their apportioned supplies, and the military exactions to which others already exhausted by the enemy and our own troops are in consequence exposed. Without such powers too in the general government, the whole confederacy may be insulted and the most salutary measures frustrated by the most inconsiderable State in the Union. At a time when all the other States were submitting to the loss and inconveniency of an embargo on their exports, Delaware absolutely declined coming into the measure, and not only defeated the general object of it, but enriched herself at the expence of those who did their duty.

The expediency however of making the proposed application to the States will depend on the probability of their complying with it. If they should refuse, Congress will be in a worse situation than at present: for as the confederation now stands, and according to the nature even of alliances much less intimate, there is an implied right of coer[c]io[n] against the delinquent party, and the exercise of it by Congress whenever a palpable necessity occurs will probably be acquiesced in.
It may be asked perhaps by what means Congress could exercise such a power if the States were to invest them with it? As long as there is a regular army on foot a small detachment from it, acting under Civil authority, would at any time render a voluntary contribution of supplies due from a State, an eligible alternative. But there is a still more easy and efficacious mode. The situation of most of the States is such, that two or three vessels of force employed against their trade will make it their interest to yield prompt obidience to all just requisitions on them. With respect to those States that have little or no foreign trade of their own it is provided that all inland trade with such states as supply them with foreign merchandize may be interdicted and the concurrence of the latter may be enforced in case of refusal by operations on their foreign trade.
There is a collateral reason which interests the States who are feeble in maritime resources, in such a plan. If a naval armament was considered as the proper instrument of general Government, it would be both preserved in a respectable State in time of peace, and it would be an object to mann it with Citizens taken in due proportio[ns] from every State. A Navy so formed and under the orders of the general Council of the States, would not only be a guard against aggression & insults from abroad; but without it what is to protect the Southern States for many years to come against the insults & aggressions of their N. Brethren.
I am Dear [Sir] Yr. sincere friend & obt. servt.
J. Madison Junr.


Title: Virginia Delegates to Thomas Jefferson, 17 April 1781
From: Virginia Delegates
To: Jefferson, Thomas

Sir,
Philada. April 17th 1781.
The inclosed resolution of Congress answers your Excellency’s letter of the 26th ulto., relating to the appointment of Col: Davies to the War Office of Virginia. You will observe that it determines his rank in the Army alone, to be the bar to his acceptance of a civil office. Should Col: Davies be willing to give up that, and his place be supplied by one of the supernumerary Colonels, So that no additional expence would accrue to the United States, Congress we beleive would not hesitate to let him retire, without forfeiting any of the emoluments to which he is at present entitled. General McDougal was lately appointed by Congress to a civil Office under the like circumstances with Col: Davies, and as he did not chuse to part with his rank in the Army, the appointment was annulled.
We have been favored with your Excellency’s two letters of the 6th & 7th instant. The steps already taken by us & of which you will have been informed, will, we flatter ourselves accomplish your wishes with regard to the Refugees taken on board the Romulus.
Your Excellency will also have seen, by our late letters, that we have not been unmindful of the distressed state of Virga., for want of the stores lately brought hither by the French Frigate. We wish however, that our efforts to foward them had been more successful. Our first plan for the purpose, was the one suggested by your letter. The probable emptiness of your Treasury, and the impossibility of our making our requisite advance to the Waggoners here, led us to substitute the other plan of placing the Stores in the Quarter Masters Channel, and procuring from Congress a warrant for the money necessary for the purpose. He at the same time engaged the attention of Colo. Febiger to the business, who has been very alert in expediting the supplies for the Southern Service. Notwithstanding these precautions we have the mortification to find, that the stores are not yet on their way. Since the receipt of your letter, we have determined to recur to our first plan.
The Q. Master & Colo. Febiger assure us that every exertion shall be used to execute it. They say however, it will be several days, before the waggons can possibly be on the road. According to an estimate of the Q. Master, we shall be obliged to draw on your Excellency for near £500 specie or, as much paper as will be equal to it, at the current exchange, to be paid on the arrival of the waggons. The only paper they will receive is the old Continental bills. The Exchange here is 150 for 1; and the depreciation progressive. Your Excellency’s other requests relating to the debts left by Col: Finnie in his department, and the accommodation of Mr. Ross with funds in this place, shall have all the attention we can give them.
The Extract of a letter from Genl: Washington, herewith enclosed, contains all the Authentic information received since our last, on the subject of another embarkation from N. York. For some days of late the report has died away into a general disbelief. Some persons just come out of N. York have revived it, with this variation, that it has a Southern object.

We are extremely concerned to inform your Excellency, that the detachment of the Pennsylvania Line, on which our expectations have been so long fixed, are still detained by the want of money. Every expedient within our invention has been tried, without avail, to remove the obstacles to their march; and we have no encouragement that the resources of the State will put them in motion, in less than 8 or 10 days, at the nearest. The detachment under the Marquis de la Fayette, is, we understand, again moving Southward. but we have great reason to apprehend, that the general cause of our embarrassment will at least retard their progress. The Extract above referred to, will give an idea, how far the Commander in Cheif is likely to be in a condition to spare other detachments from the Troops immediately under him. By a return lately transmitted to Congress, it appears that he had not rec’d five hundred effective recruits from all the States whose levies were assigned to the Northern Department.
It is pretty certain we believe that the British fleet under Arbuthnot is arrived at N. York from Chesapeak. That of our Ally has certainly returned into N. Port.
On receipt of yr: Excellency’s letter of the 8th ult: respecting a plan to be concerted with the States of Maryland & Delaware, for the transportation of supplies to the Southward, we communicated the matter to the Delegates from those States, but they have never been furnished with any power or instructions relative to it.
The Acts of this State, taking off the embargo, are under the same cover with this.
We have the honor to be, with sentiments of the highest respect,
Yr: Excellency’s obt and hble Servants
[James Madison Junr.][Theok: Bland][M. Smith]


Title: Motion on Impost, [18 April] 1781
From: Continental Congress
To:

Editorial Note
On 26 March a letter of 10 March 1781, written in the name of the General Court of Massachusetts to the president of Congress by Jeremiah Powell, president of the Senate of the General Court of Massachusetts, was laid before Congress. The letter implied that if the proposed amendment to the Articles of Confederation authorizing Congress to levy a 5 per cent tariff on imports (Papers of MadisonWilliam T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James
          Madison (2 vols. to date; Chicago, 1962——)., II, 303–4) went into effect, it would work too grave an injustice to Massachusetts to be obeyed. That Commonwealth, according to Powell, was always willing to pay its just share of the war costs and, in fact, had contributed more than its due proportion since 1775. The General Court, Powell added, would not agree to an impost unless the proposed amendment stipulated that the revenue collected therefrom in each state should be credited to that state as a part of its quota of continental expenses (NA: PCC, No. 65, I, 521–22).
Congress referred Powell’s dispatch to a committee, whose members were Samuel Adams (Mass.), James Duane, and Oliver Wolcott (Conn.), and instructed them to draft a reply (JCCWorthington Chauncey Ford et al.,
        eds., Journals of the Continental Congress, 1774–1789 (34
        vols.; Washington, 1904–37)., XIX, 311). When they submitted their report to Congress on 18 April, the action related below was taken.

[18 April 1781]
The committee to whom was referred a letter or representation, of 10 March, in the name and behalf of the general court of the Commonwealth of Massachusetts, delivered in a report.
A motion was made by Mr. [James] Madison, seconded by Mr. [William] Sharpe:
Ordered, That it be referred to a committee of three:
The members, Mr. [James] Madison, Mr. [James Mitchell] Varnum, Mr. [William] Sharpe.


Title: Motion on Southern Reinforcements, 18 April 1781
From: Continental Congress
To:

Aprill 18th 1781
Mr. Maddison moved that Genl. Washington send effectual force to the Southward, And that he be impowered to draw out as many Malitia from the ea[s]tward of the North river as may be [un?]necessary to the Eastward etc. Mr. Smith of Virginia said that Virginia had done her part in the war, that they had afforded great Succour lately to the Southern States at her own expense that She was so much exhosted that now She was invaded She wanted assistance, that there were many disaffected in that State & when opertunity offered would assist the Enemy, That for Two or three years past it had been an opinion that prevailed that if that State was invaded it was to be given up by the other States[,] that if they were neglected & were forced to give up to the enemy this consideration would make them very inviterate against those States and willingly help to Conquer them etc. Mr. S. Adams said that he was willing all the Army Should go to the Southward and the Malitia only be left to defend the Eastern States provided they had notice, & it was not Contrary to the plans of the Genl. etc. Committed to three.


Title: To James Madison from Edmund Pendleton, 23 April 1781
From: Pendleton, Edmund
To: Madison, James

Dr Sir
April 23d. 1781.
Since my last nothing material has come to my knowledge, the Fleet up Potowmack proved as I expected a mere plundering party, or if they meant any thing hostile against Alexandria or Fredericksburg, they were deter’d from the Attempt by the preparation made to receive them. They have been Alarm’d at Richmond for some time past expecting another Visit from the Enemy, upon hearing they were in James River; I am just now told they are in Possession of Williamsburg, but cannot learn their numbers, or whether they mean to stay there or plunder & return. a body of Militia are about 5 miles off, but I suppose Inferior to the Enemy, as they did not dispute the City with them. Should they mean to take a Post there, they will command the whole Neck down to Hampton, & will oblige Us to keep up two large bodies of Militia one on each side James River, which can afford no Assistance to each other, whilst the Enemy, masters of the Water, can throw in aid from one post to the other if there be occasion; I fear our crops, of corn particularly, will be much Injured by the large Number of Militia already in Service, & yet more will be necessary unless Succours arrive Speedily from the Northward. What is become of the Pennsylvania line? We have been told that they had refus’d to March Southward, but since that they are expected to reach Fredg this day—had we those and the Marquis’s Corps, we might hope to drive off these Invaders, which cannot be done by Militia alone especially ill found as Ours are. Yr brother left me this Morning in his way to the University, Mr Wythe having advertised his lectures to commence the 1st. of May. I expect yr brother will hear of the Enemy’s possession of it, and return. [He] left the family well. I am
Yr as usual
Edmd Pendleton


Title: Virginia Delegates to Merchants of Virginia, [ca. 24 April] 1781
From: Virginia Delegates
To: Virginia Merchants

Gentn.
[ca. 24 April 1781]
The Underwritten delegates from the State of Virginia Sensible of the distress of that and the Southern states for want of arms, and anxious for the relief of their own state in particular as well as its neighbouring States, were desireous of persuing every measure for that purpose; They were exceedingly happy to be informed that you Gentn. were not only possessed of the necessary means, but of the patriotic disposition, to forward so desireable a work, and therefore not only listend with pleasure to your proposals for purchasing a Number of arms, that were laying in the Public Magazines and might with some small repairs be soon made Serviceable, and of forwarding them (after having them repaird) to the State of Virginia with Expedition, but took every step in their Power to facilitate your disinterested and Patriotic intentions: We then understood that your intentions were to lay out the money arising from a Qy. of Tobo. in your hands to purchase the said arms of the Public and fit them up with all possible Expedition, Paying for them at a reasonable and moderate Price which the board of War shd. ascertain and engage that they shd. be deliverd to the Executive of Virginia, at a moderate profit to yourselves for the Purchase and trouble—we engaging to give you draughts on the State treasury Payable at Sight—at the real Value without your Suffering by any casual intervening depreciation. We are unhappy on account of our suffering Country, on a revisal[?] and consideration of the terms presented in writing, to concieve it impossible that we can on behalf of the State engage on terms which would be so evidently disadvantageous to the State without promising more expedition, or a more speedy relief, than may probably be had in the common mode, while from the terms you propose the Public will reap no additional advantage but be subject to the payment of the whole expences of fiting and transporting the Arms[,] of furnishing the money for the payment of the first Cost, and an addition of fifty P Cent; which being guarded against depreciation is, we consider a profit too great for us to agree to,


Title: Virginia Delegates’ Agreement with Ebenezer Cowell, 27 April 1781
From: Virginia Delegates,Cowell, Ebenezer
To:

Philadelphia April 27th. 1781
Memorandum of an Agreement entered into this 27th of April 1781 Between the Honble The Delegates of the State of Virginia on the one Part, and Ebenezer Cowell of the City of Philadelphia on the other.—
The said Cowell doth hereby undertake to Cut and put in good Repair two Thousand Rampart Muskets, the Property of the Said State, in the same Manner, and of the same length as those now Shewn in the War Office, at the rate of Seven Shillings and Six Pence Hard Money, or the value thereof in Paper Money at the Time of Payment.
And the said Cowell doth hereby engage to finish Twelve Hundred of the said Muskets in Fourteen Days from this Time, and deliver the same to the orders of the said Delegates to be transported to the said State of Virginia—and the Residue before the day of Payment.
And the said Delegates do hereby engage to Pay the said Cowell or order the said Sum of Seven Shillings and Six Pence Hard Money or the real value thereof in Paper m[oney] for each Musket, in Sixty days from the day of the Date of these Presents; and they hereby agree that if it is not paid at that Day, that the Eight Hundred Muskets or so many thereof as shall be sufficient for the [pu]rpose shall be immediately sold to satisfy the said Cowell his demand according to this agreement.
James Madison Junr
Theok: Bland
M. Smith
Ebenezer Cowell
Ocr. 10th. 1781.
It appears to Me by a Certificate given by Mr. George Nicolson unto the above Mr Ebenezer Cowell that this Contract has been on his part duly, and fully complied with, as will appear by the said Certificate in My possession.
Thomas Pleasants jrC. A for the State ofVirga. in Philadelphia


Title: Virginia Delegates to Thomas Jefferson, 27 April 1781
From: Virginia Delegates
To: Jefferson, Thomas

Sr.
Philadelphia April 27th 1781
Having discovered that there were a considerable number of Rampart Arms belonging to the U. S. at this place, which have long lain dormant, (having been supposed useless for the Field,) we have found on enquiry that with a small alteration, and fixing Bayonettes to them they are capable of being renderd exceeding good Field Arms; & knowing the necessity of the State for a Supply of that article we have been extreemely desireous to have them alterd and Sent on with all possible dispatch; we flatterd ourselves that this might have been done expeditiously by the Intervention of some Virginia Merchants who had money in this City which they offerd to dispose of for the purchase of the Arms from the Continent; to have them fitted and transported at their own expence, and on their arrival in Virginia giving the State the offer of them upon terms yeilding them a reasonable Profit for their trouble and expence in so doing; but when they gave in their proposals to us in writing, we were extreemely sorry to find that what would yield them a profit, (far short as they informed us of what might be obtaind by vesting their money in other Articles of Commerce,) greatly exceeded any allowance we thought ourselves Justifiable in agreeing they shd. receive, especially when we considerd the low condition of the treasury of the State, and that we must engage the faith of the State for the Immediate advance of one half the Money, and the payment of the other half on the delivery of the Arms. This determined us to embrace an Alternative, which we hope in the End will prove more Eligible; we have in consequence of that determination procured an Order of Congress to the board of War to have two thousand Stand immediately alterd and fitted up for field Service, to be forwarded with all possible expedition to Virginia and the remainder to be sent to Maryland and North Carolina. In order to accelerate this operation, we must entreat your Excellency to devise some means of furnishing to the amount of 1,300 Pounds hard money or its Value in Paper, such as will Circulate in this State; without which we find it will absolutely be impracticable to carry into execution a measure which will be productive of the greatest advantage to the Southern States, for want of some fund in this City we have often found ourselves greatly embarrassed, and frequently absolutely prevented from expediting Succours of whose consequences we are fully apprized to the Southward, and are extremely mortified to find frequently that a very small Sum which would, by being advanced to Waggoners &.c. set them at work; it is neither in our power to advance nor procure, either on our own or the States Credit—it being absolutely impracticable to negotiate a Bill we cannot but think it highly proper to fix an Agent for the State in this City, to be furnished with remittances for such purposes, and to transact many other usefull pieces of Business for the State which not only lays greatly out of the line of the delegates duty, but frequently prevents them from bestowing the necessary attention to the more important interests of the State and of the Union in General. Your Excellency will be at no loss to concieve why a remittance of the above Sum for the present occasion is highly necessary and expedient when we inform you that from the tardiness of the States in general to pay in their arrearages of taxes, from the impediments to the Issuing the money according to the Resolution of the 18th of March 1780, and from the daily expenditures for carrying on the war the Public treasury is at this moment left destitute of a Single Shilling and has large demands on it which have anticipated what will probably come into it for some months.
we are with the greatest respect Yr. Excy’s most obedt. Srts
James Madison Junr.Theok. BlandM. Smith
we have enclosed yr. Excy. a Copy of the agreement we have been necessitated to enter into in order to ensure and expedite a measure which we are Sensible is of the utmost importance to the State


Title: To James Madison from David Jameson, 28 April 1781
From: Jameson, David
To: Madison, James

Dr Sir
Richmond Ap. 28 1781
I have recd your two favours of the 10th. & 17h. I have not failed to write by every Post. Friday the 20th. the Enemy entd. Wmsburg & at the same time a party went to York. at the latter place they contd. but a few hours—destroyed the Cannon &ca belonging to the Battery hoisted the British flag & left it flying. two Ships that lay below moved up to the Town. In Wms.burg the Enemy contind. till Sunday morning. they destroyed the few articles of public Stores that were left there—mere trifles—did no damage to the inhabitants. Saturday Evening a party of ours drove in a picket near the College & killed some—we know not how many. When they went into Wbg some of their Vessels with the flat Bottomed Boats moved up to Chickahominy—while there they destroyed the Ship Yard, the Thetis, the Stores &c. &c. Tuesday the whole were at City point. Wednesday they entered Petersburg. below Blandford our people Skirmished with them & contd. to do so till they passed Pocahontas Bridge our Militia behaved very will [well] on this occasion but were much outnumbered. it is supposed the Enemy have somewhere about 2500—both Phillips & Arnold with them. We had at that place not more than half that number—not knowing till Wednesday morng where they intended to make their stroke we could not collect to a point[.] Friday Yesterday they marchd to Osbornes where two public & several private Vessels lay. they have taken some destroyed some & some our own people burnt. the Jefferson was blown up by our own people. it is said they have destroyed the Tobacco at Petersburg and that they have burnt the Barracks &ca at Chesterfield Court house. The Marquis will be here to day—his troops not till tomorrow or perhaps Monday Baron Steuben has retreated towards Powhatan Court House to cover some Stores he had ordered there. All the pub Stores from this place are gone up the River and indeed very little private property is left in the Town whether the Enemy mean to come here or whether if they attempt it can get here time must shew Oh! for a French Fleet
Adieu Yr obt St
David Jameson


Title: John Mathews, for Committee of Congress, to Nathanael Greene, 30 April 1781
From: Mathews, John
To: Greene, Nathanael

Sir
Philadelphia April 30. 1781.
The inclosed paper will give you the substance of the latest intelligence Congress have received from Europe. The countenance given by Russia to the united provinces must be productive of very happy effects, it encourages them to enter into the war with alacrity and to prosecute it with vigor. This of course raises up another powerful enemy against G: Britain and enables our generous Ally to give us more substantial aid, than he could otherwise have done. Our affairs at the Court of Madrid wear a more pleasing aspect than they have yet done and we have reason to expect a more earnest friendship from that monarch than he has yet manifested toward us.
The troops and Ships destined for our aid were expected to sail in all the Month of March, the exact numbers of either we are not informed of, but we are encouraged to expect both will be respectable
We are directed by Congress to communicate to you the complaints that have been made, of a number of the british Officers being suffered to remain in Charles Town on parole when the enemy extend this indulgence with a very sparing hand to our Officers, that you should enquire into the matter and rectify whatever improprieties may have arisen in conducting this business.
It is also the wish of Congress that you would endeavour to negociate an exchange of prisoners and relieve as many of ours as you possibly can, from the horrors of so severe a Captivity as they experience
You may possibly conceive some embarrassments will arise in negociating this business, least what may be done by you, might militate against the general exchange negociating by the commander in Chief; but as the powers of exchange in your department are by Congress fully lodged in your hands, we conceive it ought not to influence your conduct farther than military duty must enjoin. Policy in our opinion directs every thing to be done in this business that can be done without loss of time as the enemy have already engaged a very large number of our men, (from good authority we are informed between 5 and 600) and are daily engaging more in their service—inevitable necessity drives our unhappy men to quit the service of their country for one they detest, and the policy of the enemy places them in a situation that for ever precludes them from the least chance of returning, being all engaged for the west India service. The inclosed paper will show you the outrageous malice of the enemy against our Officers and the pressing necessity of something decisive being immediately done to prevent so diabolical a measure as is therein proposed to be adopted by them.
We are sir, with much Esteem & regard, Yr. most Obedt. servts. By Order of the Committee
Jno. Mathews Chairman


Title: To James Madison from Edmund Pendleton, 30 April 1781
From: Pendleton, Edmund
To: Madison, James

Dear Sir:
Virga. April 30. 1781
Since my last yr. two favrs of the 10th & 17th have come to hand together, a week’s mail having fail’d to come to Fredericksburg on Account of the Enemy’s being up Potowmack, and that I judge was the reason of yr missing my letter of that week, which has probably since reached you. I hope I give all the credit due to the Report of the Russian junction with Great Britain when I don’t believe a word of it, such an event may take place at some future period, but the haughty temper of the latter must come down first.
You’l probably have heard of the Progress of General Philips in this State, they paid a visit to York & Wmsburg, where they behaved civilly enough doing little or no mischief. Our Militia at the latter place consisting of about 800 under the command of Colo. Innes were able to have repelled the party who came there, but Innes knowing they had sent a large body to land [up James River to cut off his retreat, very prudently retired in time &] cross’d Pamunky at Ruffin’s Ferry. The Enemy remain’d but a few days at Wmsburg, went up James & Appamattox River, landed at Cedar Point & march’d to Blandford, where Genl Muhlenburg, who had come up by land on the South side of James River & was joined by some militia of the Neighbourhood to the Amo[unt] in the whole of about 1500, was Posted to oppose them; a warm conflict ensued, which lasted about 25 Minutes, in which I am happy in assuring you, our Militia discovered a Bravery which would have done honour to Veteran troops, & gives a happy presage of our being finally able to repel these Invaders. It was with difficulty that the general could bring them off when he judged it prudent to do so, and they retreated in good order with their cannon to our camp at Chesterfield Court House. As I have seen no official Account, I can only give you that I have had from different persons who were in the Action, & say our loss in kill’d, wounded & Missing is about 100[.] they speak from conjecture only when they say they must have killed at least 200 of the Enemy, but I think our Marks men must in that time have done very considerable Execution, & left them little but the name of Victory to boast of. Reports are Various & uncertain as to their motions since the Action, at one time they are on their March to Richmond & at others that they are at Manchester on the Opposite side of the River. I wish they may persevere in their Intention to Possess our Capital once more, as I think a good Account will in that case be given of them, but I rather suspect they are shewing such an intention whilst their Vessels load with tobacco at Petersburg, & then they will go to the Mouth of Appamattox & ship themselves for Portsmouth. Innes with his body of men has joined Colo. Wood who had another at Richmond that is daily reinforcing, but to crown our hopes, the Marquis’s Troops would reach that post [today or?] last night. I had the pleasure of seeing them as they pass’d and they are indeed a fine body of men, I anticipate the spirits their appearance must give Our Militia, & I hope in my next to be able to give you some pleasing Intelligence, in the meantime I am
Yr very affe
Edmd Pendleton
I have just heard that the Marquis’s Troops March’d from Han[ove]r Court House (about 20 Miles from Richmond) 3 hours before day yesterday Morning by order from him who was at Richmond—so that I suppose the Enemy was approaching & we may expect to hear of an Action.


Title: Virginia Delegates to Thomas Jefferson, 1 May 1781
From: Virginia Delegates
To: Jefferson, Thomas

Sir
Philada. May 1st. 1781
We enclose herewith a letter from Oliver Pollock Esqr: which will inform your Excellency of a very large claim which may soon be expected on the Treasury of Virginia.
Mr. Nicholson Agent for Mr. Ross arrived here yesterday. We fear it will not be possible for him to get some of the most essential articles even if an exchange of his funds can be negociated, and that the difficulty of such an exchange will be a great obstacle to his getting such articles as are to be had. As far as our efforts can avail him they will not be spared. We had previous to his coming taken some measures which we flatter ourselves will yield about 2000 good Muskets in about two weeks. The transportation is not included otherwise than by a naked order of Congress and must now be referred to Mr. Nicholson.
The 1100 Stand belonging to the State have at length gone forward, with most of the other Articles brought hither with them. The 8th. of this month is the day fixed we understand for the march of the Pennsylvania line from York Town.
The report from N. York is that Clinton is disembarking his troops.
We also inclose herewith an extract of a letter from Genl Washington which needs no comment.
We have the honor to be with the highest respect & regard Yr. Excelly’s obt. & hmble servts.
J. Madison Junr.Theok. BlandM. Smith


Title: From James Madison to Edmund Randolph, 1 May 1781—Misdated
From: Madison, James
To: Randolph, Edmund

Editorial Note
1 May 1781[2]. Three of the earlier editions of the papers of JM printed portions of his letter, allegedly written on 1 May 1781, to Edmund Randolph, attorney general of Virginia and delegate from that state in Congress beginning on 14 June 1781 (Madison, Papers [Gilpin ed.]Henry D. Gilpin, ed., The Papers of James
          Madison (3 vols.; Washington, 1840)., I, 90–93; Madison, Letters [Cong. ed.][William C. Rives and Philip R. Fendall, eds.], Letters and Other Writings of James Madison (published by order
        of Congress; 4 vols.; Philadelphia, 1865)., I, 43; Madison, Writings [Hunt ed.]Gaillard Hunt, ed., The Writings of James
          Madison (9 vols.; New York, 1900–1910)., I, 132–36). Although the long extract published by Henry D. Gilpin in 1840 and the short extract published in the Congressional edition in 1865 do not overlap in their contents, the matters discussed in them permit no doubt that they were parts of the same dispatch. Neither Gaillard Hunt nor the present editors were able to find the original letter. When copying its text from the Gilpin and Congressional editions, Hunt was misled by the absence of overlap and assumed that Madison had written two letters to Randolph on 1 May 1781.
Judging from the topics mentioned by JM in the letter, he most probably wrote it on 1 May 1782. In 1821, at JM’s request, Andrew Stevenson searched the papers of Edmund Randolph (d. 1813) for letters of JM. Stevenson reported that he had “obtained abt. one hundred & forty” from JM to Randolph, “embracing the entire period of time between ‘82 & 90” (Stevenson to JM, 8 January 1821, in Henry E. Huntington Library). After receiving the letters, JM calendared them and dated the one in question “1781 May 1” on his three-page list entitled “J.M. to E. Randolph” (LC: Madison Papers). Why Stevenson apparently dated the letter correctly as written in “‘82” while JM listed it incorrectly cannot be answered with certainty. When he received the letters, they likely were in chronological order, beginning with the earliest two, written on 9 and 23 April 1782, respectively, and followed by the one in question. Although he had written “1782” so clearly at the top of the first two of these that he could not possibly have been confused about the date, he may have written the “2” in the date of the third with the wavy line which he often used for that figure, and hence judged it to be a “1.” Making this mistake, and failing at the same time to recall that the topics mentioned in the letter related to 1782 only, he listed it in his calendar as “1781 May 1.” Obviously this explanation cannot be supported with proof.
In the present edition, the surviving extracts from the missing original will appear under the date 1 May 1782.