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To James Madison from Edmund Pendleton, 28 October 1782

From Edmund Pendleton

Tr (LC: Force Transcripts). At the top of the left margin of the transcription, the clerk wrote “MSS [M]cGuire’s.” See Papers of Madison description begins William T. Hutchinson, William M. E. Rachal, et al., eds., The Papers of James Madison (5 vols. to date; Chicago, 1962——). description ends , I, xxii, xxiii. Another copy of the first two paragraphs of the original is printed in the Proceedings of the Massachusetts Historical Society, 2d ser., XIX (1905), 165. This version differs from the Force transcript in spelling, punctuation, capitalization, and in expanded abbreviations, but not in the sense of the text.

Virga. Octr 28th 1782

Dr Sir

I have yr favr of the 15th. I think Genl Carlton fairly acknowledges the Independance of America to be given up, when he can no longer discern the object of the War. however as they evade making it openly, these By-hints can have none other design than to endeavour to draw Us into a Separate treaty.1 As they know your resolution on that head2 it is time for them to determine upon a Genl Peace or War & act accordingly; the end of this Campaign will probably fix them.

If there be any truth in the French Minister’s Intelligence from Boston,3 there can be none in a story we have piping hot from Philada of an action between the Combined Fleets and Ld How[e] in the Chanell, in which the latter & 12 Capital Ships became prize to the former, to which story however I give no manner of credit.4

Our Assembly were to have met a week agoe, but had not Members enough on Saturday.5 I am just setting out for Richmond to attend my Courts, of appeal & Chancery,6 from whence I shall continue my correspondence for about a Month.7 I am now in haste but no Circumstances will abate the ardor wth which I am

Dr Sr Yr affe friend

Edmd Pendleton

1. See JM to Pendleton, 15 October 1782.

2. See Report on Peace Negotiations, 4 October 1782, ed. n.

3. See JM to Pendleton, 15 October 1782, and nn. 13, 14.

4. As Pendleton surmised, this story was untrue. See JM to Randolph, 11 September 1782, A.M., and n. 7.

5. See JM to Randolph, 16–17 September 1782, n. 14. Anticipating no quorum the next day, the House of Delegates adjourned on Friday, 25 October, “till Monday, 12 o’clock” (Journal of the House of Delegates description begins Journal of the House of Delegates of the Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg. Beginning in 1780, the portion after the semicolon reads, Begun and Held in the Town of Richmond. In the County of Henrico. The journal for each session has its own title page and is individually paginated. The edition used is the one in which the journals for 1777–1786 are brought together in two volumes, with each journal published in Richmond in 1827 or 1828, and often called the “Thomas W. White reprint.” description ends , October 1782, p. 4).

6. See David J. Mays, Edmund Pendleton, II, 190–91. The Virginia General Assembly had created the High Court of Chancery on 24 January 1778 and reconstituted the Court of Appeals on 26 June 1779 (Journal of the House of Delegates description begins Journal of the House of Delegates of the Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg. Beginning in 1780, the portion after the semicolon reads, Begun and Held in the Town of Richmond. In the County of Henrico. The journal for each session has its own title page and is individually paginated. The edition used is the one in which the journals for 1777–1786 are brought together in two volumes, with each journal published in Richmond in 1827 or 1828, and often called the “Thomas W. White reprint.” description ends , October 1777, p. 136; May 1779, p. 70; Hening, Statutes description begins William Waller Hening, ed., The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619 (13 vols.; Richmond and Philadelphia, 1819–23). description ends , IX, 389–99; X, 89–92). See also Randolph to JM, 8 November 1782, n. 25. As the senior judge of the High Court of Chancery and the Court of Appeals, Pendleton had the duty of convening both. By virtue of their office, the three chancellors were also members of the bench of the appellate tribunal (David J. Mays, Edmund Pendleton, II, 151–53, 155–56). The day after the present letter was written, Pendleton was in Richmond for the opening of the session of the Court of Appeals (ibid., II, 191).

7. Pendleton returned to his plantation about 20 November. See Randolph to JM, 22 November 1782.

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    Madison Papers
    Title
    To James Madison from Edmund Pendleton, 28 October 1782
    Author
    Pendleton, Edmund
    Recipient
    Madison, James
    Date
    28 October 1782

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    Cite as
    “To James Madison from Edmund Pendleton, 28 October 1782,” Founders Online, National Archives, https://founders.archives.gov/documents/Madison/01-05-02-0096. [Original source: The Papers of James Madison, vol. 5, 1 August 1782 – 31 December 1782, ed. William T. Hutchinson and William M. E. Rachal. Chicago: The University of Chicago Press, 1967, pp. 220–221.]

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