Title: To James Madison from Samuel Stanhope Smith, [November 1777–August 1778]
From: Smith, Samuel Stanhope
To: Madison, James

[November 1777–August 1778]
Dear Sir

This is the first time I have had an opportunity to write to you since your election to your new & honourable office. I rejoice that your country has been able, in spite of all your modesty, to discern your merits; & that she has had virtue enough to place you in a station where your talents will not be useless to her. Altho I could wish you had the same opinion of yourself that others have, & then I confess I should be glad to see you a degree or two lower but where your services would be more important. For I am really afraid that the Assembly doth not sufficiently consult her own dignity while so many of her most deserving members are distributed among the honorary & profitable offices of the State; & so few are left who can give a lustre to her councils, or authority to her decisions; or even perhaps guide her deliberations with regularity & prudence. You are better acquainted however, what reason there is to fear any loss of dignity in our own legislature and in our representation in the Congress of the States. But when I began my letter, I had it not in view to lead you into political scruples. Perhaps it may prove a relaxation to you in the midst of other business, to attend to a few metaphisical ones. I would not have troubled you on such subjects, if I had not known your taste for them, & your quick discernment of every error or mistake; & even of every hint that may lead to the discovery of any truth. I promise myself this benefit at least, that I shall see some mistakes or superficial reasonings that I am not aware of at present; & that I may receive some clue that may serve to exercise my thought anew, & lead to a more perfect investigation of this .
You have frequently attacked me on that knotty question of liberty & necessity that has so much embarrassed philosophers, & has raised such furious war among divines. I have lately had occasion to write on several philosophical subjects, & among others, on this question. I shall send you the result of my thoughts upon it; not at length, but with the utmost conciseness I am able, knowing that you are so well acquainted with the subject; that it is sufficient barely to state my opinion, without any long detail of the reasonings that support it, which are apt to grow tedious, where they are not necessary. I write with the prospect of my own improvement, & not of your information, & therefore beg in return your candid animadversions on my scheme with your own thoughts on the same subject.
I am Sir     Yr M obt servt
Saml S. Smith

Being reasonable & moral agents, it is a question of no small importance whether Virtue & Vice are any more than names to distinguish actions without merit or blame & whether we are free in the exercise of volition as well as of action, & wherein that liberty consists; or whether reason, sense, & volition be only a more refined & delicate species of machinery? In this inquiry there are several terms to be explained & defined, such as power, motive, volition. And the whole question of liberty & necessity relates to the connexion betwixt motive & volition. Mr. Hume resolves the idea of power into that of succession; with this addition that the succession hath been observed to be constant, so that on the appearance of the object which is called the cause, the mind by custom & experience is led to infer the appearance of the other called the effect. For what is power? saith he. If it be any thing different from observed uniform succession, must it not mean to express the whole energy that is in any cause to produce the effect? And then [he] appeals to all men whe[th]er they have any idea of that peculiar constitution of things, of that nature that is the source of the necessary connexion of the effect with the cause or of that influence that creates the change? He concludes they ha[ve] not, & therefore returns to his first hypothesis that power & & constant succession are the same. I believe indeed, that if we have any idea [of] power different from Mr. Hume’s, we derive it from the exertions & the feeli[ngs] of our own minds. When I press against an obstacle that resists my action[?] when I attempt to raise a weight that requires a sensible effort, I am conscious of a certain nisus, an energy which gives an idea, or is itself the idea, of the force or power of the cause that acts upon the object & produces an effect. Like every other simple idea it is to be explained on[ly] by the feeling. And happily for this argument it is one of the most common [sen]sations of the human mind. When we exert any external effort when we ch[oose?] when we call up one set of ideas & dismiss another, when we arrange[,] compare & reason from them, in innumerable instances we have the idea of an or[der?] that operates its effects, of a power to controul & govern our own actions & thoughts. An obscure idea of the same nature we apply to material & inanimate causes. And altho it is true that that idea does not explain the invisi[ble] constitutionof things, nor the intrinsic nature of the causal influence, so that a priori we could infer the existence of the effect from the operation of the cause; yet, I cannot conceive that this circumstance annihilate[s] the idea of power as Hume supposes it does. May we not make the same observation on the notices of every sense? Is heat in our sensation the same as it exists in the fire or in the sun? Can we explain the secret magic of nature in giving a[ll] the perceptions of beauty from certain compositions of colour, figure, extensio[n] &c? Yet who ever doubts but the ideas of beauty & of heat are real, & represen[t]ations of their objects sufficient for all the purposes of life? The represe[nt]ation of the energy, & efficiency of causes which we have in the idea of pow[er] is no less proper than those of the objects of any of our senses whatever. If it were not a real idea & as different from mere succession, as it is from heat or colour, the terms power, energy, force, &c every where used by philosophers, & [in] which Mr. Hume is as liberal as any writer, would be only so much waste of ink & paper, being absolutely void of meaning. I cannot conceive that they could have had existence in any language. Nay, the idea of power is a more perfect representation of its object, when its object is the operations and exertion of the human mind, than are the ideas of many other senses. For us ideas of thought, affection, & any of these mental mov[e]ments, are in this respect more perfect than all others. Our ideas are the things themselves, or at least a consciousness of their nature & presence that always attends them. Of this class is power—especially that exercise of it that is exerted in volition arresting the process of thought, directing it on a new train of objects, & all the modes of chusing, refusing, & acting. How different is that exertion that is employed in fixing the attention on one object; in calling up this set of ideas, & dismissing another, in changing, turning, suspending, & producing action from the simple idea of succession that arises from contemplating external objects, or our own ideas as they follow in a train? The idea of power seems to be so plain, & well-defined, that none but a philosopher too enamoured of the product of his own brain, is capable of denying it. And when this idea is acknowledged, as by plain & unsophisticated reason & experience I think it must[,] the liberty of moral action necessarily follows. For if we have any clear idea of power at all, we have a clear distinction betwixt the power of another operating upon us; & our own power exerted upon others, or on ourselves. In the one case we have the feeling of liberty, & of being masters of [o]ur own actions; in the other we are sensible of constraint, & of being subject to a foreign controul. To every plain man the perceptions of power & liberty are as distinct, certain & precise as any perceptions whatever & are always conjoined. If a philosopher therefore is inclined to represent them as false or delusive, what medium will he use for that purpose? He can make use of none plainer than the ones in question. And if they are to be esteemed delusive, by what criterion shall we annex certainty to any principle of human nature? We enter at once into the regions of absolute doubt & scepticism Experience the great test of moral as well as phisical science, proves the power we have over our ideas, & our actions. And the exercise of power proves that we are free. Human liberty is as evident & undelusive as the principles of our nature. The question therefore no longer can be whether we enjoy liberty? but wherein that liberty consists which it must be confessed we do enjoy? There are philosophers, & among these is the distinguished name of Locke, who assert that liberty of will is an absurd expression. The will is not, nor cannot be free. The mind necessarily chuses what pleases it, & refuses what displeases it. And the objects arround us necessarily produce pleasure or pain by their correspondence with the principles of human nature, or their opposition to them. So that we cannot avoid being pleased with the one, & displeased with the other. Our liberty therefore only consists in being able to do what we please, to perform what we chuse & regards not volition, but the action consequent upon our choice. But [v]olition, or choice itself, is involved in desire, or aversion; these necessarily [r]esult from the emotions of pleasure & pain; & these last are necessarily [c]onnected with the presence of certain objects to the senses, or imagination.
If this theory were true, liberty were not worth inquiring after; it were not worth enjoying. Lord Kame[s] would have offered up a very reas[on]able act of devotion, when he praised the penetration of his Maker who could discern that to be good which weak & shortsighted mortals thought to be evil. Virtue & vice are not much concerned in the external action[s] of men, abstracted from their will & intention. Moral good & evil have their seat here, so that if we have any moral liberty, or are the capable subjects of virtue or vice, of praise or blame, we must be free in the exercise of volition, as well as of action. We always act upon motive and in reference to some end. If the influence of motive upon the mind i[s] necessary and irresistible, the virtue or the vice in that case, if any there can be, is not imputable to us, but to the constitution of nature, & to the design of its Author who hath established such a necessary connexion.
The nature of motive is explained in the term; that it is something that rou[ses,] excites, & moves the mind to action. The human constitution hath not been left without a variety of springs to set it in motion. We have instincts, sens[es,] appetites, capacities of pleasure & pain, with correspondent objects adapted to them by the design of Nature, whose presence is ordained to excite similar emotions & feelings. Every object of nature that can come within our knowlege is so adapted to some principle of the constitution, as to be either agreable or offensive & capable of inspiring either aversion or desire. So that each of these objec[ts] when it is present with a certain concurrence of circumstances; or, if not the object, at least the principl[e] it affects & the feeling it raises, may rouse & excite the mind & be a motive of volition. The mind is always moved by some of these principles, appetites, affectio[ns,] passions, or by a sense of interest, of duty, which seem to have been implanted by natu[re] for that purpose. But before they move volition they assume the form of desires. A present good produces joy but no volition unless it may probably be lost; when the desire of its continuance prompt the will, & engage us to pursue the means to retain it. The will is only excited by something not in possession which we would acquire; or by some immediate uneasiness from which we desire to be free. Desire seems to be the immediate urgent motive of the will; the principles above mentioned & their correspondent objects are the primary & more remote motives, being the source of desire. Desire by almost all fat[al]ists has been considered as a modification of volition. So far is this from bei[ng] the truth that it is properly ranked among the class of affections. Beauty p[ro]duces an emotion of pleasure, a pleasing emotion is the cause of the affectio[n] of love, & while its object is yet absent or unpossessed affection assumes th[e] form of desire. Desire is the immediate motive of choice & volition & as this gradually changes & approaches to the other, like prismatic colours & indeed like all other neighbouring & conjoined principles of nature, their extre[me?] limits are scarcely, if at all, discernible. Which circumstance, perhaps, has deceived so many philosophers to confound them together. But every species of affection, desire not excepted[,] terminates upon the objects themselves towards which our actio[ns] are directed & regards them as good or evil: And volition solely regards our own actions considered as proper to attain the objects of our happiness; or to remove the immediate uneasiness that presses us. These actions are either corporeal or mental. The former are easily understood; by the latter I mean the indulgence we may chuse to give to any of our internal affections or inclinations. Before I exert any outward action, I may chuse to contemplate the object of any affection so long as to raise desire to the highest degree. It is seldom that an affection is suddenly raised to a great height, or acquires irresistible force at the first view of its object: this is the effect of indulgence. It depends upon the will; & comes under this denomination of mental action.
Having ascertained the power we exercise over our own minds, & shown motive to be the desire of possessing some good, or of removing some present uneasiness with which we are pressed; for the both of these may by a little subtlity be ultimately resolved into the same thing; yet, in practice we find ourselves sometimes more immediately & forcibly urged by the one, & sometimes by the other. And having also stated a distinction betwixt desire & volition it is time to consider the connexion betwixt the will & the motives by which it is excited. How far it is free, or how far it is necessary & the one involved in the other. Such is the fate of philosophy from the narrowness of the human mind that an accurate & scrutinous inquiry into almost any subject only serves to multiply perplexity & doubt, to discover how little we know & how many difficulties occur at every step that seem to baffle research. Certainty & well defined knowlege is the lot of but few subjects. Men have subtlety enough to raise objections, but not penetration sufficient to give them a satisfactory solution. This hath been peculiarly the fortune of the present question. The reality of virtue & vice at least as the proper objects of reward & punishment from a supreme & righteous Judge hath been brought into doubt & agitated with great heat by different parties almost from the earliest dawn of philosophy. On one hand it is maintained that all our actions are governed by the laws of necessity & fate. Reason indeed contains a finer species of machinery; but still, it is no more than the machinery of reason. So that virtue & vice can have neither merit nor demerit considered as our actions; but are imputable solely to that primary & original influence from which they are derived, whether that be blind fatality, or a supreme intelligent cause. On the other hand are the patrons of liberty who maintain that we are accountable for our actions, & that in order to [be] this we must be under no constraint or compulsion. There must be no necessary & irresistible connexion established betwixt moral causes & their effects; betwixt motive & volition. And even among the latter there are some who verge nearer to the doctrine of necessity, while others pride themselves in flying from it to the remotest distance. I embrace the side of liberty, & shall endeavour to explain it consistently with our experience. Experiment in morals as well as in phisics is the only proper source of truth, & guide of reasoning. Nothing can be more fallacious than to begin with any abstracted theory of divine prescience, a subject so far superior to human intellect, & from thence to reason down to the actions of creatures. It will be sufficient if we can understand a subject nearer home. And in investigating this it is by no means necessary that we should warp our own experience in order to reduce the prescience of the Deity to the state & mode of human knowlege. If we shall be able to deduce our moral liberty from its proper source, let us not be afraid to avow it, tho’ it should be atten[d]ed with this consequence that God’s ways are not as our ways, nor his thoughts as our thoughts.
It is confessed that when any object is presented to the mind or the sen[ses] which is exactly fitted by nature to some correspondent principle[,] its proper emotion &c necessarily arises; we are to inquire therefore whet[her] the necessary existence of a motive before the fancy, doth consequently involve a necessity of action & choice? Even tho’ we should admit, according to the opinion of the fatalists that each motive singly might necessarily controul the mind; yet one scarcely ever appears single & alone. As many as we have particular senses often offer themselves at once. And frequently their number is greatly multiplied, many addressing themselves to each sense & to each affection: which circumstance affords the mind a great advantage in exerting its power over its own volitions. For even if one affection, or object of desire, being present to the mind at on[ce] should be able to attract this[?] with an irrestib[l]e force, because it is the only happiness at that time in view: Yet when so many necessary forces meet together & mutually oppose each other’s influence: reduced almost to a ballance they become more manageable, & subject to her power & controul. Perhaps the reason why many writers have been so much embarrassed by the antagonists of human Liberty, is, that being persuaded to consider Desire as a modification of the will, & finding a degre[e] of Desire necessarily to arise from the preference of its object by an unguarded concession, they have been led to involve necessity in the nature of volition. But we have found that will regards only ou[r] own actions, & is their immediate mover. Indeed, when two objects are offered to me that I may take but one of them: th[ere] is a choice or preference in which the will at the first view seems to regard the object immediately. However if we wi[ll] examine accurately it will perhaps be found even here to terminate in our own action, the receiving of one, & the neglecting of the other. This solution of the matter becomes more prob[a]ble [w]hen the choice is made between objects acknowleged to be [e]qual in value, which therefore raise an equal degree of desire. Because if desire necessarily arose from the presence of the objects [a]nd volition were involved in that desire, we should with equal [n]ecessity chuse both: nor could [we] seperate the one from the other. A conclusion that contra[d]icts the most plain & well defined experience, & therefore must [be] false. So that tho’ desire regards the object itself, volition only regards the actions or endeavours we use to obtain it, and prompts us to [ex]ert them. Yet still the same question will be returned upon us [by] the advocates of fatalism, so hard is it to relinquish a favourite scheme: since it is confessed that external objects by their correspondence with the principles of the human constitution necessarily affect us with a degree of pleasure or pain, & produce propor[t]ionate desires. Is not that an acknowledgement, that the movements of the will are governed by the same necessity? By no means. Because then we should chuse many & even contrary objects [a]t once; & use equal efforts to acquire them: we might pursue our own interest, & a pleasure that is destructive of it at the same time & at [the?] same time be generous & uncharitab[l]e to the same person for it is a matter of experience that so many, different objects of desire may solicit the mind at once. That conclusion is absurd & proves the premises to be false. But the inquirer seems to be led [i]nto it by the error that I have taken notice of before, confounding desire with volition. Let me repeat a little & Suppose that the influence of one motive, if it were single & alone, & the mind at the same time affected by no [o]ther, should necessarily controul the will. Yet that is a circumstance in which we seldom or never find ourselves. The [m]ind is usually solicited by many motives at the same time, many perhaps that are not coincident & some that even directly [o]ppose their influence to others. Will it follow because a motive in its full power, & uncontrouled by any other, might [h]ave had a necessary effect: that it will be attended with the same necessity when diminished by the force of its antagonist? In that case it will be so much weakened that the mind will not be irresistably attracted[?]; but have an evident conscious liberty & freedom of movement. This is an effect that flows from the combination of a variety of senses, propensions, instincts &c & their ballance in one constitution. They mutually correct each other’s impulse and however each alone might draw with irresistable force: yet all together produce a state of mind loose & free to move as several bodies within their common sphere of attraction, but not near enough to be drawn into contact. Take any mot[ion?] arround or among each other with great ease. They are calculated to rouse and animate the mind and set it in motion, but d[o] not necessarily determineits mov[e]ments towards any precise point. How! is the mind then left to run at random without any certain & definite influence or direction in its motions? If she is not led by motive: if motive hath not a certain & necessary influence, is she driven by accident amid a sea of motives: or doth she move in blind & unmeaning exertions without any determinate aim? That question implies a consequence that is plainly not well deduced. Must all be accident that is not necessity? May we not be excited to action: may not these actions be guided to a determinate end without being compelled. Are not Reason & Conscience sufficient preservatives against the fickleness of chance? Be it so you say, but how doth reason, how doth consicence, or any other principle, direct our choice If not by exhibiting the proper, the beautiful, the prudent, the obliga[tory] by presenting some motive to the mind? If that motive is stronger than its antagonist it produces choice & action; if weaker, it is only witness to the other’s triumph. We never act but for some end: under the influence of some motive. That motive is something that pleases us: that pleases us most for the present. If then we are so formed as necessarily to act from motive of some kind,—for to act without motive were to act irrationally,—must not that motive which is most pleasing for the present govern us with a necessary sway? No, we can produce experience to the contrary. And first we are not conscious of such necessity; we perceive as great ease & freedom of movment as if we were actually fre[e] which would not be probable on the supposition of a necessary force. In the next place, when I reflect upon the subject; & make trial of m[y] own power, I find I can suspend or vary my actions as I plea[se]. But when I say my action & my will may be varied as I please, doth not that imply another motive, either a desire of finding the truth in this controversy, or a fantastic pride of shewing my power whose presence hath now the same necessary effect the former motive had till over-powe[red] by the appearance of this? But I can dismiss this, & resume the other, or one different from both. I acknowlege I have some end in view, some motive. But as often as I make trial, I can do or forbear: I can act in this way or another; So that I find no moti[ve] necessary in its influence, but I can change it for a different one. And when finally I submit to this influence of the last or proceed in my usual [c]hannel, I am contented with the consciousness that I could do otherwise; & tho’ I am guided by the influence of motives, I am satisfied from many trials, & an induction from many particular experiments, that I am not subject to any necessary & irresistible attraction. The last motive, tho’ I make no experiment upon it, I conclude by a reasonable induction to be nothing different in this respect from others which I have so often found to have their influence barely from persuasion, not from necessity. Still [t]his is confessing that the mind must be roused to action, & guided in acting [by] some motive. It cannot otherwise exert a single volition. Somewhere necessity must lie, even contrary to all experiments in favour of liberty [i]n other cases. This is a matter that merits our attention & seems to promise a crisis to this question. Experiment appears to favour the conclusion already drawn, that, in the common course of life no particular motive hath a necessary & irresistible power over the Will. Experiment makes it equally plain that we never act without a motive.
Before we proceed farther, let us inquire into the reason of this. It is now known & received by all philosophers almost, that the sole inlets of our knowledge are the senses. We have no ideas but what have obtained admission this way. Every simple idea therefore is derived from some [o]bject actually existing in nature, making its proper impression upon its correspondent sense. And every compound idea is made up of simple ideas thus admitted by thier proper senses. So that it is impossible [to] think without having some real existences before the mind. It is nothing strange then that it is impossible for us to chuse or will without having some object in view: because volition implies thought, & thought implies idea, & idea implies its object. If one volition supplants another it must therefore plainly regard a different object. And that object must be within the view of the mind before we can will any thing concerning it. But is that any more than saying we are human creatures who are so limited as [t]o be capable of no ideas except of those few actual existences that have impressed our senses: & therefore when we exert volition, if we think at all in the case, it must be of some object, & every object we have confessed has some tendency to affect the mind with desire. But is that proving that these objects of thought & volition have a necessary power to controul the mind? may not the mind be so formed as to contemplate and judge among them, to will & act as they seem calculated to promote its happiness? That I presume almost any reasonable man will acknowlege to be the truth. And if so, it proves that no particular object in itself is possessed of influence, that is irresistible & controuling. It only gains any influence by its connexion with our happiness. And however every motive, that is every object of nature, necessarily excites a degree either of pleasure or pain; yet doth not any one on that account necessarily controul the will. This subject hath been explained before. And any one may be the immediate motive of volition, when we consider it as ou[r] present happiness or good. Here then it will be said is the point wher[e] necessity exists. Let us examine it. What is hapiness? It is gratifying our different senses, & capacities of pleasure, & indulging, in contemplation or possession the objects that do gratify them. Happiness may be derived fro[m] enjoying as many objects as afford pleasure, & from avoiding as many as afford pain; so that positively or negatively it may be derived from every motive of the will; that is, from every object of nature that comes withi[n] the reach of our capacities. Our happiness consists of a variety of degrees, & of kinds extreamly different. Our present enjoyment or happiness depends on a variety of circumstances, & many of them in our own power. If there is proposed to me a social meeting, for festivity or friendship: there are many principles of human nature that such an interview will gratify: I know that I can be happy there, & I may chuse to attend. In the height of my social enjoyment I can call to mind my closet, my books, & my papers, & I know that I may derive happiness from thence. I may either choose to continue with my friends or to remove to my study. I am concious that I can find happiness in both. There are many situations in which I can [be] happy by gratifying some propensions of nature. These situation[s] therefore only become more complex motives to the mind: & She may chuse among them with the same freedom as hath been shewn to be possible among other motives. To be happy in such situations it is only necessary to hav[e] the single motives & agreeable circumstances that attend them presented to us by some foreign guide, or called up by the native power of the mind; & by the same power to exclude the ideas that oppose & thwart the[m.] Of such a power we are conscious; & have occasion frequently to exert it[.] When I am solicited to action I recollect that by this power I may render myself happy in many situations, which prevents my rushing with necessary violence on any one before me, and if they are proposed to my choice, I find that I am not necessarily confined to any one because it is my present greatest good. I may be in a humour; or disposition for one; rather than another, whic[h] may incline me to chuse it; tho with the utmost ease & freedom. Bu[t] I find, at the same time, that I can alter that choice, when I recollect that this humour is transient it depends on circumstances and that it is even in my power to change it or give it another tone, by calling up a different scene of images to the fancy. In general indeed we comply with this transient disposition; but such experiments when occasion invites, prove that it lays us under no necessary controul. So that we have only found upon this inquiry that necessity is annexed to happiness in general; not to any particular kind of it. We cannot deliberately & designedly chuse to be miserable & renounce all happiness; but we by no means fee[l] ourselves under the necessity of choosing any particular species and degree of happiness alone. This power of calling forth, arranging, of giving presence & liveliness to new ideas, & new scenes merits particular attention both as a principle of nature, & for its great importance [in] the exercise of the moral freedom of the mind. What that power is, it is difficult [to] explain or learn except from experience. It would seem necessary, at first view that an idea should be already in the mind before she could exert any [o]peration concerning it. For when she attemps to recall any image without having some previous determinate aim: that is without antecedently having some part of the image she would recall: it seems to be letting her [r]un at a blind hazard to hit upon the first that accident may throw in her way. But to have an idea before it is recalled is absurd, & quite useless to [m]y purpose. Some explanation of this matter must be attempted. We usually think in a train & every idea almost is suggested by the one immediately before. This train is assisted & conducted by the relations which we conceive the objects that compose it to have one to another. Contiguity may dispose the mind to pass readily along neighbouring objects: & by contrast, she may suddenly pass to the greatest distance, & transport the thought to remote regions of the Earth or of the universe. So resemblance & dissimilitude, cause & effect, proportion or disproportion, the natural & moral connexions of men; & innu[me]rable relations aid & conduct the train of thought: And when once a subject hath been introduced to the mind she is naturaly disposed to trace its [r]elations, to consider its parts, & their mutual dependencies & connexions among each other. This she may do & repeat her work till she has acquired [th]e clearest, strongest and most impressive conception of it that is possible. Wherein then consists the power that hath been so often mentioned? & what [i]s its utility? This train of ideas is not so impetuous, but it may be resisted[,] its flow is not necessarily so continual that it cannot be suspended. We are [of]ten conscious of its suspension: which is performed by that power of mind in question. Like every other primary principle of human nature; it seems to be [i]nexplicable: except by its operations. However it is [a] matter of experiment and [on]ly needs the trial, to convince any inquirer, that the mind can suspend her [tr]ain of thought, & put herself in an attitude of attention, circumspection, and [in]quiry. In exerting this power, she hath always some general purpose in [vi]ew. So that while in this situation she contemplates the ideas that rise up before her according to the forementioned relations: if any, even a slight [vo]lition[?], seems to lead to her general purpose, she can leave those that are [less?] intimate, & pursue that: till she finds a subject that suits her aim: when [she?] can again suspend a farther progress in that kind of inquiry, & survey h[er] chosen subject in all its extent, & its relations by a similar operation. [Then?] having found the power, about which this question has been raised, to [c]onsist in suspending the train of our ideas, & throwing the mind into a state of [at]tention; & taken notice of that particular quality of our train of ideas; that they are sug[ge]sted & linked together by the relations which objects bear to each other: by which this power of suspension &c can be productive of any farther consequence; Let us now examine its utility. If our ideas were [co]nstantly to flow in an unbroken train without this power of suspension, [o]ur volitions would also partake of the same uniformity. For every motive must be some idea: nor doth the mind ever exert her will but in consequence [o]f some motive. If then her train of ideas & the motives of volition involved [in] them were conversant with objects that would lead, for instance, to vice [&] self-injury: tho none of these objects separately can be a necessary cause of volition, as hath been proved before; yet, if we chuse at all, & that would be almost unavoidable, we must chuse under the influence of some idea of the pres[ent] train: no other being at that time in the mind & it being impossible by the supposition, to call up any new image, or to vary the train in any degree. All our liberty in that case would be to make a choice among the variety of objects immediately within the view of the mind: & these all leading to vice & self-injury, we should only have the liberty of chusing among many vices. But by the exertion of this power so often mentioned, suspending the train, & so suspending volition: we may call forth a different train of images; run thro’ al[l] their different relations, contemplate them in various lights, repeat the view till it becomes so vivid as to carry the will in opposition to its rival. Herein consists its utility that it enables us to ballance on[e] motive against another, & to overcome vice by virtue altho’ it is also attended with this consequence[,] that it makes it possible for virtue to [be] overcome by vice. Which indeed is necessary to constitute as moral agen[ts] & capable of merit or of blame. Here a very natural inquiry arises whether that act of suspension be not exerted in consequence of some motive? And if so, the question returns whence com[es?] it that this motive is present with the mind just at the moment she needs its assistance? Is it from new suspension? which would run us back into an endless chain of absurdities or is it by some peculiar appointment of nature, always ready to support our faltering virtue? This inquiry leads us to a subject that hath long lain in obscurity, & I know not whether there is any philosopher that hath given a satisfactory solution of it. We are to suppose our constit[u]tion to have been origonally created with an equal ballance, proportion and subordination among all its principles. Man must have be[en] placed in the midst of objects suited to these different principles. For a while at least the system would move with regularity; Every principle, I have said before, makes a necessary part of the constitution: & upon the presence of their corresponding objects they are necessarily affected with some emotion, sentiment, or passion. These emotions, sentiments, & passions are the motives of the will. Among other principles inherent in the human heart that are motives of action we percieve a calm self love, instinctive benevolence & a sence of duty. Which seem to have been appointed the guardians of our Virtue against the extravagances to which inferior passions might be carried. In a state of Innocence we can conceive that they might have been effectual guardians. Whether suc[h] a state has ever existed or not is immaterial to the argument: Let us at least suppose it: to some it would help to illustrate the reasoning. I will here divide motives into two classes, the one may be called occasional, the other habitual. The former are those emotions & [de]sires that arise only on the presence of their objects to the sense or fancy. Among the latter are to be distinguished [c]alm self love, & a sense of duty; making duty here to comprehend the principle of benevolence, as most of our duties regard the welfare of others. I [c]all them habitual, because they constantly attend us. The one is intimately linked with the consciousness of our existence, the other instantaneously & necessarily arises with every passion to guard it from excess: & especially when that passion approaches the limits of right & wrong. They [n]eed no effort of the suspending power to bring them into view. They are already & always present, & are the motives we are inquiring after, in consequence of which that power is exerted, when our Liberty is concerned in the preservation of our virtue. So apply this to practice. In the supposed state of innocence, man could be [in]fluenced by a multitude of objects & desires as he is at present. They would be [p]ersonal motives of volition as they occurred in train. To a certain limit they might be indulged with safety. But as they approached near to the limit & began to acquire a strength that might possibly carry them beyond it, those habitual principles, the constant authoritative guardians of virtue, might perhaps with ease give the train of ideas & motives a new direction. Or if there [e]ver should occur a difficulty, as those evidently might in a free mind, then might one or both of these habitual motives produce a suspention of volition, & of the present train of thought: The mind would have in [v]iew some general purpose as was mentioned above, its best interest, or its duty; which are indeed coincident. Then the first relation whether strong or slight that seemed to tend towards this purpose it might seize, & pursue till it perceived some object of duty, or interest that appeared proper to counterballance the motive that was likely to be too powerful. And then [i]ndulge the train of thought thro its obvious relations till it formed a sufficient poise for its antagonist, & delivered the mind from the danger of undue influence, & restored her to her former ease of movement. These principles could never interpose their authority, or have any influence [i]f the connexion betwixt motive and volition were necessary. The volition would have already had effect before the act of suspension could be [e]xerted. It is true they [are] thus far necessary, that the mind never chuses or exerts volition without a motive: & when it alters its choice from one, it is by turning its attention to another, & having the latter in the room of the former. This is done either by the natural course of succession in a train: or by the accidental exibition of some new object by a foreign cause: or by the power of the mind excited by some of her habitual principles calling forth different ideas & engaging her in a new train. By the repeated [e]xercise of this power man might have forever confirmed his innocence; fixed boundaries in practice to all his passions & as they were created in just proportion &c have established that proportion by habit which would be habitual virtue. And when innocence is lost the only way in which he can recover it or reasonably attempt its recovery is by the repeated, & more painfull exertion of this power, recalling the lost images of virtue: contemplating them, & using them as motives of action, till they overcome those of vice again & again untill after repeated struggles, & many foils they at length acquire the habitual superiority. Whatever might have happened in innocence, we still retain the resemblance of it even in this imperfect state. Where vice is predominat, we may have moral freedom, as well as under the predominancy of virtue. As in innocence, virtue may acquire such a stable habit that the ideas of vice may be attended with so much abhorrence as for ever to seem a necessary barrier against its practice: so many vicious inclinations proceed by indulgence to such a degree as to possess at least all the appearances of necessity: & every repitition of vice from the first infraction of the boundaries of innocence to that fatal period, is one step more towards necessity & increases the difficulty of a return to virtue. But if vice ever becomes too powerful for the feeble exertions of duty; if it should even increase to a necessary & irresistible force, that doth not take off the guilt, as if we had been created subject to the laws of fatalism, because it is a necessity induced by voluntary wickedness. This by the by demonstrates the great importance of an early virtuous education. The result of the whole is that liberty consists in such a proportion of external objects to the principles of human nature, as [a]lways to raise so[me] emotion or desire sufficient to be a motive of volition, but not to determine the will with absolute necessity. The mind is always determined in it[s] volition by motive[.] That motive is neither uneasiness alone as Mr. Locke[?] supposes, nor pleasure as others have it supposed, each thinking it necessary to reduce it to some single thing: but some times the one affects the mind most, & sometimes the other. Among motives she chuses freely, commonly following the present tone of humour or inclination & concurrence of objects—here pleasure is her motive. When she avoi[ds] pain uneasiness is her immediate motive. She has a power of varying her train of thought & therefore her motives: so that if each motive apart governed with necessity which is not the case it may be controuled by this power, that would be able to creat[e] a species of liberty even in these difficult circumstances. This power is exercised in consequence of certain habitual motives inseperably inherent in the mind, which however we sufficiently experience have no necessary force. Among these self-interest and duty are investe[d] by nature with peculiar dignity & authority. When duty operates the very command & feeling that we ought, carries great force; & seems to b[e] a peculiar kind of motive. It is uncertain to me whether it belongs to the [c]lass of pleasure or uneasiness: or whether it be not entirely different from both: & of that nature that its slightest command, even apart from the hope of reward [&] fear of punishment, is fitted to ballance
   I say it is fitted to ballance the motives of pleasure and uneasiness: not that it always actualy controuls them, but that it is attended with a feeling that I cannot express, that it is in our power, & that we ought [to] act according to its dictates in opposition to every other motive.
 the liveliest feelings of the others, [p]urly because it is duty; a generous & inexplicable perception whose influence [is] only known by being felt. But when it adds its sanctions of approbation & remorse, here are motives both of pleasure & uneasiness. The wisdom & goodness of our Maker is evident in making these motives habitual, that they may not wait to be called for: which probably would be but seldom done if they were not intrinsic & inherent in the constitution; & that they may always be ready to bring in aid to cope with vice, & to assist virtue. For they are not themselves the only support of virtue. Her objects have a correspondence with the mind as well as others, & are attended with the most serene & refined, tho’ not the most impetuous pleasures. And these habitual motives of duty & interest, by means of the power we have over our own [i]deas, presenting to the view the images that are favourable to virtue, [c]all in their pleasures in aid of their own influence and authority. Here is an excellent foundation for liberty[,] no motive in itself controuling the will with absolute necessity. And when one motive is like to be too hard for human infirmity, the power of calling up another that may ballance it: And the exertion of that power, not left to the present partial & dangerous inclination but excited by habitual ever present motives that are always acting, & always the guardians of virtue. Yielding to them which we feel we ought, & we have power to do, I always except the case of too confirmed vice, tends directly to virtue; vice triumphs whenever they are resisted.
Thus for my own amusement I have given some reflexions on the subject of liberty & necessity. I wrote them, perhaps you will think, in too much has[te] & gave them to be transcribed by another for want of sufficient time to do it myself. Looking over it I perceive several superfluous observations, & would probably perceive many more both superfluous & defective, if I were no[t] in such haste to expose my own folly. But if I write to a discerning critic I hope I do also to a candid friend, whose severest animadversions will be made to me. And to me I care not how severely every sentence be sifted, for I am really more anxious to find the truth in this question than to invent or maintain any new modes of expression.
You will easily perceive that there is a difference betwixt the power of suspension which I have supposed, & that so vigorously maintained by the Arminians. They call it a power in the will of suspending & determining its[elf?] in which they say that liberty consists. And their antagonists can press them back thro an endless & absurd chain of suspensions & determination[s.] I have made liberty to consist in a different point; this suspending pow[er] to regard the train of thought, & the motives of action; not the will solely, or even principally; & to prevent the same endless absurdity from pressing this doctrine that has been so successfully urged against the Arminian, the habitual motives of duty & calm self-interest are introduced, that by their authority & dignity ought to govern the mind. They are always virtuous motives; we know sufficiently that they are not necessary in their operation; but if we will attend to them they are sufficient to create a poise to vice by calling up the images & motives of virt[ue.] I am here talking only as a philosopher. As a Divine I might say that the strength of vicious habit might require some heavenly assis[t]ance or afflatus to make them always effectual. I have suppose[d] the state of innocence on this very account; lest some should den[y] the influence of these habitual motives, in a state so depraved as the present. When you write to do pray, if you have time or paper after answering this long epistle, inform me whether you can assig[n] any cause for the existence of a Deity, that may not also be assigned for the existence of the universe alone. I do not doubt his being. But I doubt whether it can be proved by speculative reasoning, & is not rather a kind of indelible sentiment of the heart.
I am     yr very hble servt
Saml S Smith


Title: Petition of Orange County Planters to the Virginia House of Delegates, [ca. 5 December] 1777
From: Orange County Planters
To: Virginia House of Delegates

[ca. 5 December 1777]
To the Honourable the Speaker and House of Delegates of the Common-Wealth of Virginia

The Petition of the Inhabitants of the County of Orange Hum[b]ly Sheweth That your Petitioners having nothing so much at heart as the Liberty and Independance of their Country are Extreamly Anxious to See every regulation take place that may be Conducive to their Final Establishment. That convinced of the Expediency at all times and the indispensible Necessity at Present of improving our internal resources for Defence Against hostile invasions, Your Petitioners Wish and pray that the Cultivation of Tobacco may be Restrained and greater Leisure and Obligation thereby given to the raising and Manufacturing of those Articles which are Necessary for the accomodation of our Army and the Prosecution of the War. Your Petitioners living in a part of the Country Where Tobacco has been the Staple Commodity, and being themselves Planters have an Oppertunity of forming a good Judgment of the impressions Such a Measure Would make and are persuaded it Would be no Less Agreeable to the People than it would be beneficial to the Public. They have heard the Subject frequently canvassed and have met with few persons even among those most devoted by interest and use to the planting Business Who are not Sensible of the propriety of restraining it and Would not chearfully Acquise in Such restriction, provided it Were general and enforced by Law Your Petitioners Would not Undertake to prescribe the exact limitation That Would be best in this Case, but are of Opinion that Four Thousand plants per poll Ought not to be exceeded. They would also leave to your Wisdom and Discretion the particular indulgence requisite for the poor, Who having none to labour but themselves may With more reason Claim and With less inconveniency be Allowed to employ themselves in any Way that Will best enable Them to bear their share of the public Burdens
And your Petitioners as in duty bound Shall ever pray &c.


Title: Session of Virginia Council of State, 14 January 1778
From: Virginia Council of State
To:

Editorial Note
The eleventh article of Virginia’s Form of Government (Hening, StatutesWilliam 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)., IX, 116) provided for a Privy Council, or Council of State, of eight members to be chosen by the legislature. Every three years the two houses of the legislature, by joint ballot, removed two of the councilors and thereupon, by the same method, chose two persons in their stead. The two thus displaced must wait at least three years to be eligible for re-election to the council. The president of the Privy Council, chosen annually by its membership, was also the lieutenant governor of the commonwealth. Official action by the council required at least four members to be present at its session. A lesser number sometimes met to discuss public business, but, in order to become effective, decisions had to be approved at the first subsequent meeting when a quorum was present.
From the minutes taken by the clerk at each session and signed by each councilor who was present, the clerk then prepared the finished journal and appended the signatures to it in his own hand. JM’s attendance is therefore a matter of record. The journal also notes when a councilor was in Williamsburg but could not come to a meeting by reason of illness or other cause. On the other hand, the loss of the minutes for the period between 6 April 1779 and 12 May 1780 makes JM’s final eight months of service as a councilor almost a blank. In 1779, however, he probably followed his custom of spending the “sickly season,” from about mid-July to early November, at Montpelier.
Neither the council nor the governor had any significant constitutional authority except when they worked together. According to the Form of Government (Art. 9), the governor should “with the advice of a Council of State, exercise the executive powers of government according to the laws of this commonwealth; and shall not, under any pretence, exercise any power or prerogative by virtue of any law, statute, or custom, of England.” More specifically, the constitution enabled the governor, on advice of council, to grant reprieves and pardons in most instances; to “embody” and direct the militia, and commission or suspend its officers; to name ad interim administrative and judicial officials, when the legislature was not in session; and to appoint justices of the peace, sheriffs, and coroners upon nomination by the court of the county in which they were to serve (ibid., IX, 115–19).
Although these were the only definite duties assigned by the constitution to the governor acting in conjunction with the Council of State, the legislature delegated many special powers to them, both before and while JM was a councilor. These added responsibilities, which were often of an emergency nature occasioned by the Revolution, included a great extension of the powers to appoint state employees; to issue financial warrants; to direct recruiting, training, equipping, provisioning, and utilization of troops and seamen; to erect fortifications, barracks, and military hospitals; to apprehend traitors and take their forfeited property into custody; to suppress domestic insurrections, Indian uprisings, counterfeiting, and the engrossment of essential war commodities; to prevent the exportation of foods and other articles needed by the troops; to maintain fair prices; and to supervise the commonwealth’s lead mines, land office, and navy (ibid., IX, 178–592; X, 15–217, passim).
In view of this impressive variety of important duties, membership on the council was no sinecure. Reflecting the rapid inflation, the total salary which the eight members were to divide annually among themselves, in proportion to the frequency with which each of them appeared at the council meetings, rose from £2,400 to £20,000 (ibid., IX, 435, 521; X, 118, 219). JM took his seat at the council table on 14 January 1778. He had been chosen by the members of the General Assembly on 12 November 1777, when sixty-one votes were cast for him against forty-two others given in favor of his closest competitor, Meriwether Smith. Three days later the Senate confirmed the outcome of this joint ballot (Journal of the House of DelegatesJournal of the House of Delegates of the Commonwealth of
          Virginia; Begun and Held At the Capitol, in the City of Williamsburg. Beginning in
        1780, the portion after the semicolon reads, Begun and Held in the
          Town of Richmond. In the County of Henrico. The Journal for each session has its own
        title page and is individually paginated. The edition used, unless otherwise noted, is the
        one in which the journals for 1777–1781 are brought together in one volume, with each
        journal published in Richmond in 1827 or 1828, and often called the “Thomas W. White
        reprint.”, October 1777, pp. 25, 29; Brant, MadisonIrving Brant, James Madison (6 vols.; Indianapolis and New
        York, 1941–61)., I, 313–15). The seat to which JM was elected had been vacant for nearly five months. The extant minutes of the council bear witness that JM attended 177 of its sessions. Of these, 170 date in 1778, while the remaining 7 are the only ones during the next year of which any official record survives. With the exception of a week’s illness in May and one day in June, he shared in every session of the council from 14 January to 13 July 1778. Thereafter, until 7 November of that year, he was at Montpelier. Loss of the minutes leaves in doubt the day of his final service as a councilor. In all likelihood it was shortly after 14 December 1779 when the legislature chose him to go to the Continental Congress as one of the delegates from Virginia. (See Credentials as a Delegate to Continental Congress, 14 December 1779, and JM to Benjamin Harrison, 16 [December] 1779.)
Although two letters of Edward Coles, written some thirty years after Jefferson’s death, state that Jefferson had told him of JM’s service to Governor Patrick Henry as an amanuensis and as the only member of Virginia’s executive branch who understood French, this recollection is too general and was recorded too long after the alleged facts to be relied upon in the absence of contemporary evidence (Edward Coles to Hugh B. Grigsby, 23 December 1854, Virginia Historical Society; Edward Coles to William C. Rives, 26 March 1858, LC: William C. Rives Papers). In no instance, insofar as any contemporary manuscript is concerned, can JM’s service as a councilor be isolated from that of his fellow members. For this reason, the editors have limited their publication of the council minutes, and of letters from the Governor in Council, to samples illustrative of its problems and procedures on days when JM was in attendance and hence presumably contributed his advice. An edition of the Journals of the Council of the State of Virginia, for the period of JM’s service, was carefully edited by H. R. McIlwaine and published by the Virginia State Library at Richmond in 1932.

Wednesday January 14th 1778
present
His Excellency

Dudley DiggesNathaniel Harrison &
John BlairDavid Jameson
Esquires

James Madison jun. Esquire, who hath been duly elected a Member of the Privy Council, appeared, and the Oath of Office being administered to him, he took his Seat at the Board accordingly
Present James Madison jr. Esqr.
A Warrant was issued by the Governor, with the Advice of the Council, upon the public Treasurer for one thousand pounds payable to Benjamin Putney for the use of Mr John Pierce upon Account as purchasing Commissary of provisions.
The Governor having communicated to the Board a Letter from a Commee of Congress, of the 31st December last, representing the alarming Accounts of the Distresses of the American Army for the Want of provisions, insomuch that it is hinted to Congress, by General Washington, that the Troops, unless an immediate supply is sent, must either “Starve Disolve or Disperse” and asking the advice of the Council thereupon—they do advise his Excellency to give Directions to Colonel Aylett the Continental Commissary, forthwith to send off an active intelligent & proper person to the Northwestern parts of this State in order to buy up all the pork Beef & Bacon that can be procured, & to forward it with all possible Dispatch to Head Quarters, & to procure Waggons for conveying such Salt & other necessaries as his Excellency may think can best be supplyed from hence. All which the Governor orders accordingly And he also with the Advice of Council sent ye said Letter to the Assembly.
His Excellency informed the Council that he had prevailed on Colonel David Rogers of the Senate, to Convey to the Governor of New Orleans by way of the Missisipi, a Letter which he was anxious to send & laying the same before them it was read approved of & ordered to be recorded. His Excellency then laid before the Council the following Instructions to Colonel Rogers which were also approved of viz.

Colonel Rogers
You are to proceed with out Loss of time to engage a Lieutenant, Ensign & twenty eight men on double pay & with them you are to go to New Orleans with Despatches to the Governor of that place. I expect some Goods are to be sent from thence for this State which you will take under your Care & safely convey home with Answers to my Letters. General Hand will be desired to give you Assistance as to the Boats &c necessary for the Trip.
I desire to know the Strength of the English possessions on Missisippi & whether they supply the West Indies with any & what articles. The present State, Temper & Condition of these people must be gathered by such means as will not endanger Discovery. You are to consider of a proper place to fix a post at for facilitating & securing the Trade to New Orleans & Consult the Spanish Governor on it.
Describe to that Gentleman the real Strength & situation of Virginia the progress of the War & whatever else he may wish to know of the American Confederacy.
You are to convey my Instructions to Colonel Clark by which he is directed to escort you homeward & you are to correspond with me & let me know the upshot of this Business soon as possible.
Adjourned till tomorrow 10 oClock
Signed   Dudley Digges
John Blair
Nathl Harrison
David Jameson
James Madison jr


Title: Patrick Henry in Council to Virginia Delegates in Congress, 20 January 1778
From: Henry, Patrick
To: Virginia Delegates in Congress

Wmsburg Virga Jany 20th. 1778.
Gentlemen,

Francis Lightfoot Lee Esquirs Letter for the Committee on the Subject of provisions filled me with Concern & astonishment. I applied to the Deputy Commissary General to furnish some Active persons for throwing an instant Supply of Provisions to the Army to answer the present Exigency. I was told by him that he could get none such immediately but he would write to his Deputy to do the Business.
I thought this plan by no means satisfactory. For in the Northwestern parts of this State in that Deputy’s Quarter, I found upon Enquiry that Eight or ten thousand Hogs & several thousand fine Beeves might have been had very lately in a few Counties convenient to the Camp. In order therefore to avoid blending my Transactions with the Commissary’s & to give Despatch & Efficacy to the Measure, I employ’d Abraham Hite, Thomas Hite, & James Barbour, Esqrs. Gentlemen of Character to purchase instantly Beef, or Pork, if Beef could not be had, to the Amount of ten thousand pounds & drive it to Camp in the most Expeditious Manner, and advanced them the Cash. I have also directed Colonel Simpson to seize two thousand Bushels Salt on the Eastern Shore & send it to the Head of Elk for the grand Army & to reserve a thousand more to answer further Orders that may become necessary.
A Galley is also ordered to carry 600 Bushels along the Western Shore to Elk for the same purposes. In the Article of Flour I have not meddled, thinking from Mr. Lees Letter that it was not wanting. By these several Steps, the best which in the sudden Exigency could be taken, I hope a temporary Supply may be obtained.

But Gentlemen I cannot forbear some Reflections on this Occasion, which I beg you will please to lay before Congress as the Sentiments of the Executive Body of this State. It is with the deepest Concern that the Business of supplying provisions for the grand Army, is seen fall into a State of uncertainty & Confusion. And while that Executive hath been more than once called upon to make up for Deficiency’s in that Department, no Reform is seen to take place. Altho a great Abundance of provisions might have been procured from Virginia, yet no Animadversions that I know of, have been made upon the Conduct of those whose Business it was to forward it to the Army. In this Situation of things Intelligence is given to me that from this State it is expected most of the Supplies must be drawn. What may be inferred from this, I do not well Know. If any kind of Superintendance or Controul over the Commissariate is meant, Congress will please to recollect that the Gentlemen in that office are not amenable to me. If it is expected that friendly Assistance should be given, I am happy in saying this has been anticipated. Large Loans of Flour, Meat, & Salt have been made from Time to Time to great amount, nor will they be withheld but from the most absolute necessity. But I earnestly desire that it may be understood & remembered once for all that the Executive power here has nothing to do with the Comissarys Business. That it hold itself guiltless of all the Mischief which in future may arise from Delinquency in that Office.
It will indeed be unworthy the Character of a Zealous American to entrench himself within the Strict line of official Duty, & there quietly behold the starving & dispersion of the American Army. The Genius of this Country is not of that Cast.
I do not wish to avoid any Labour which may serve the general Interest and which cannot be executed better by others. But I have the Mortification to know, that the present Business I have directed, will be executed with great Loss to the Public. The pressing occasion puts the price of Meat &c in the power of wicked avaricious & disaffected Men. The Value of Money will be more & more lessened, the means of supporting public Credit counteracted & defeated I will not enumerate further the Evils which must follow from suffering Business of this vast import to remain in the Channel where it is now going. Let it suffice to say that this Country abounds with the provisions for which the Army is said to be almost starving particularly that part of it nearest the Camp.
The Executive has no Authority over or Commission with the Commissariate. The Temporary supply ordered to Camp concludes the Interference which is made in that Business & is kept as a distinct & separate Transaction. But if in the Course of future Events it should become at any Time necessary that the Commissariate should receive any aid within the Line of the Executive power of this State it will be afforded with the greatest pleasure—yet in such a Case it is much to be wished that as early Notice as possible may be given of such Necessity.
The pain which Government feels on this occasion, & which is generally diffused throughout this State, for the melancholy, the perilous Situation of the American Army will be relieved when a Reform takes Place in that Department from mismanagement in which have flowed Evils threatening the Existence of american Liberty.
I beg leave Gentlemen to apologize for the Freedom of this Letter. Congress will please to be assured of the most perfect Regard of every Member of the Executive of Virginia But that Body would be wanting in the Duty they owe to the great Council of America & to their Country, if they concealed any of their Sentiments on a Subject so alarming as the present. The Honour & Credit of that great Council are conceived to be deeply concerned in rectifying what is wrong in these Matters: And nothing but the highest Regard, & most anxious Care to preserve that honor from aspersion should extort the painful observation from me. I pray for the prosperity & Happiness of Congress as the Guardians of America & with the greatest Esteem
I am, Gentlemen, Your very Humble & most obedt. Servant
P. Henry


Title: From James Madison to James Madison, Sr., 23 January 1778
From: Madison, James
To: Madison, James, Sr.

Williamsburg Jany. 23d. 1778
Hond Sir

I got safe to this place on Tuesday following the day I left home, and at the earnest invitation of my Kinsman Mr. Madison have taken my lodgings in a Room of the Presidents house, which is a much better accom[mo]dation than I could have promised myself. It would be very agreeable to me if I were enabled by such rarities as our part of the Country furnishes, particularly dried fruit &tc which Mr. Madison is very fond of to make some little returns for the Culinary favours I receive. Should any opportunity for this purpose offer I hope they will be sent. You will see by the inclosed Acct. of Sales what money you have in Mr. Lee’s hands, and if you chuse to draw for it, you can transmit me your Bills for Sale. You will be informed in due time by Advertisement from the Governor what is proper to be done with the Shoes &tc. collected for the Army. You will be able to obtain so circumstantial an Acct. of public affairs from Majr. Moore that I may spare myself the trouble of anticipating it. Majr. Moore also has for my Mother 4 Oz. of Bark. The other Articles wanted by the family are not at present to be had. Whenever I meet with them I shall provide and transmit them. I hope you will not forget my parting request that I might hear frequently from home and whenever my brother returns from the Army I desire he may be informed I shall expect he will make up by letter the loss of intelligence I sustain by my removal out of his way. With the sincerest affection for yourself & all others whom I ought particularly to remember on this occasion,
I am Dear Sir Your Affecte. son
James Madison Jnr.

I find on enquiry that Mr. Benjamin Winslow is discontinued in the military appointment given him by the Governour & Council. I promised to let him know this by letter but my being as yet unprovided with paper makes it necessary to leave this information for him with you.

J. M jr.

Although I well know how inconvenient and disagreeable it is to you to continue to act as Lieutenant of the County I can not help informing you that a resignation at this juncture is here supposed to have a very unfriendly aspect on the execution of the Draught and consequently to betray at least a want of patriotism and pe[r]severence. This is so much the case that a recommendation of Conty Lt. this day received by the Govr., to supply the place of one who had resigned to the Court, produced a private verbal message to the old Lt. to continue to act at least as long as the present measures were in execution.

J M jr


Title: Session of Virginia Council of State, 23 January 1778
From: Virginia Council of State
To:

Friday January 23d 1778
present
His Excellency;

John PageNathaniel Harrison
Dudley DiggesDavid Jameson &
John BlairJames Madison

Esquires

The Governor with the Advice of the Council, issued the following Warrants upon the Treasurer for the Bounty of the Draughts to be made in the Several Counties agreeable to Act of Assembly for filling up the fifteen Virginia Regiments.

A Warrant for one hundred & three pounds ten Shillings payable to William Moore Esquire on account of Orange Draughts.

The General Assembly having empowered the Governor with the Advice of the Privy Council, to appoint two Brigadiers General, if the numbers of Voluntiers who may enlist agreeable to the Directions of the Act entituled An Act for Speedily recruiting the Virginia Regiments on the Continental Establishment & for raising additional Troops of Voluntiers shall make it necessary to appoint them the Board, being of opinion that it might greatly encourage that Service to let it be known what Gentlemen are likely to be appointed, advise his Excellency the Governor as soon as the Enlistments shall give him a Right to do so, to appoint Thomas Nelson jr & Alexander Spotswood Esquires Brigadiers General to Command the said Troops. And the Governor with the Advice of the Council, was pleased to appoint Monday the 23d Day of February next for the nomination of the Field officers of the several Battalions & to direct public Notice thereof to be given in the Virginia Gazettes to the Intent that all persons willing to offer their services to their Country on this occasion may have an opportunity of doing so, in any way the most convenient to themselves.
Adjourned till Tomorrow 10 oClock
Signed  John Page
Dudley Digges
John Blair
Nathl Harrison
David Jameson
James Madison


Title: Session of Virginia Council of State, 13 February 1778
From: Virginia Council of State
To:

Friday February 13th 1778

present
Dudley Digges Esquire Lieutenant Governor
John BlairDavid Jameson &
Nathaniel HarrisonJames Madison jr
Esquires

A Warrant was issued by the Lieutenant Governor with the Advice of the Council, for one hundred pounds payable to Colonel Thomas Marshall upon Account for forwarding the recruiting his Regiment of State Artillery
The Lieutenant Governor having in the absence of the Governor received a Letter to his Excellency from the Treasury Board mentioning that on account of the great Demands from all Quarters on the Continental Treasury it had become necessary to draw on their Loan Office in this State for thirty five thousand Dollars payable to Alexander Rose Esquire for the purchase of Supplies for the Army; and desiring that the said Mr Rose might receive out of the Treasury of this State so much as he might not be able to negotiate at the said Loan Office the Commissioner thereof giving Certificates for the amount of the money so advanced, to be kept until he can exchange the same. The Board duly weighing the importance of this Business & the necessity of Complying with this request, advise the Lieutenant Governor notwithstanding the weak Condition of our own Treasury at present, to give a Warrant on the Treasury for Six thousand one hundred & eighty pounds eighteen Shillings equal to twenty thousand six hundred & three Dollars, & a Draught on Maurice Symonds Esquire Agent for the State at Charles Town for ten thousand Dollars more payable to said Mr Rose or order, which Sums together with what he has received at the Loan Office, amount to the thirty five thousand Dollars drawn for. But the Board at the same time advise the Lieutenant Governor or his Excellency the Governor if he should return in time, to write the Treasury Board, that there being a Loan Office here for the purpose of borrowing Money for the use of this State it can by no means consist with our Circumstances to lend Money till the Continental Loan office here may be enabled to repay it, which from appearances will not happen in any short time and that the Loan is made in complyance with the urgency of the occasion, and in full confidence that the Continental Treasury Board will in some short time repay the Money lent, either by remitting the same to the Treasury of this State, or by honouring the Governors Draught for the amount as soon as it shall become necessary to make it. The Lieutenant Governor accordingly issued his Warrant on the Treasurer in favor of Mr Rose for Six thousand one hundred & eighty pounds eighteen Shillings & a Draught on Maurice Symonds Esquire at Charles Town for ten thousand Dollars. a Letter was written Mr Symonds advising him thereof.
On considering the petition of Major Thomas Smith of Gloucester County the Board advise the Lieutenant Governor to grant him leave to apply to the Commanding Officer either at York or Hampton for a flag of Truce attending with a proper officer to go on Board any of the Ships of War belonging to the Enemy lying convenient to these Stations respectively to make application for thirteen Slaves which he has lost, and are said to be on board some of the said Ships.
On Considering the petition of Colonel Littleton Savage of Northampton County, in behalf of himself & others who have lost Slaves, which are supposed to be on board some of ye Enemy’s Ships; the Lieutenant Governor is advised to empower the County Lieutenant of the said County (no Troops being stationed at this time on that Shore) to send a proper officer of his Militia, to go with a Flag of Truce, attended by the owners of Such Slaves, in order to make application to have them returned.
Adjourned till tomorrow 10. oClock
Signed  Dudley Digges
John Blair
Nathl Harrison
David Jameson
James Madison jr


Title: From James Madison to James Madison, Sr., 6 March 1778
From: Madison, James
To: Madison, James, Sr.

Williamsbg March 6th. 78
Hond Sir

Since I wrote to you by Mr. Cave I have taken the freedom to give an order on Mr. Lee who is at present at Nants for the money due to you in favour of the Revd. Mr. Madison who wanted to procure from Europe a few literary curiosities by means of a French Gentleman just setting out on public Business for this State, addressed to the management of Mr. Lee. I take the opportunity by Mr: Harrison from Culpeper of giving you the earliest notice of this circumstance that you may not dispose of your Bills to any other person. As some little return for the favours I am daily receiving from Mr. Madison I shall not charge him more than the legal rate of exchange for the money. I have sent for a few Books also on my own account and Mr. Lee is requested to transmit whatever late publications relate to G. B. or the present state of European Politics. If any Balance should remain after these purposes are provided for Capt. le Maire the french Gentln. alluded to has engaged to lay it out for us in linnen &c.
We have no news here that can be depended on. It is said by Mr. King who is just from Petersbg that a Gentleman was at that place who informed that sundry persons had arrived at Edenton from Providence Island who affirmed that they saw in Providence a London Paper giving an account that Burgoyne’s disaster had produced the most violent fermentation in England that the Parliant. has refused to grant the supplies for carrying on the war and that a motion for acknowledging our independ[ence] was overruled by a small majority only. The People who bring this news to Edenton, as the story goes, were Prisoners w[ith] the Enemy at Providence, where they were released by a New-England privateer who suddenly landed her men took possession of the small for[t] that commanded the Harbour and secured several Ves[sels] that lay in it one of which was given up to these men to bring them to the Continent. I leave you to form your own Judgment as to the credibility of this report. I wish it carried stronger marks of truth.
The Govr has just recd a letter from the Capt. of french frigate I mentioned in my last informing him of his safe arrival in N. C. with a rich Cargo of various useful and important Articles, which will be offered for sale to us. The frigate belongs to a Company at Nants in France. We also hear but in a less authentic manner that 7000 Tents have arrived at Martinique on their way from France to the Grand Army[.] Salt at South. Quay sells at £3.10 [per bushel?] and is falling. A letter from York-Town [this] moment read informs us that an Exchange of Prisoners is at last agreed on between W. & H.
I wish much to hear from you, and shall continue to write by every opportunity.
I am Dr. Sir with my constant good wishes & &c Yr Affecte. Son
James Madison Jr.


Title: From James Madison to William Bradford, 23 March 1778
From: Madison, James
To: Bradford, William

Dear Sir
Williamsbg March 23th. 78

An Express being just setting off for Head Quarters, I cannot help imparting to you some very agreeable intelligence just recd. A Capt. of a Letter of Marke Vessel from thi[s] State, writes to the Govr. from Cheasepeak Bay that he left Martinique on the 23 Ult. that Letters had been recd. there from France as lat[e] as 1st. from sundry respectable Merchts. relating that the French Court had actually recognized Docr. Franklin as Embassador for the Independent States of America in the most public and authentic manner and that the Docr. had formed an alliance for 30 years That the King of Prussia had notified his intention of sending several ships loaded with Stores to America and had threatened in case of their being interrupted by the British Ship of War to invade Hanover with a formidable Army and that he had declared Empden a free Port. This account also says that the Queen of Portugal had opened her ports to the United States. Some parts of this News carry the face of great improbability, but there are several circumstances that encourage us to hope that the substance of it may not be entirely groundless. It comes through two other oral channels, one in particular by Capt. Bush an intelligent and honest man from this State who left Martinique as lately as the 10th. instt. and affirms that the News respectg Dr. Franklin & the King of Prussia was recd. by the Govr. of M. in dispatches fr[om] France and that 13 rounds were fired from their Canon in reference of the 13 independent States of America. The Express has been detained for the purpose of sealing these few and I can only add that I am as I ought to be
Yrs. &c
J M Jr


Title: Session of Virginia Council of State, 7 April 1778
From: Madison, James,Virginia Council of State
To:

Tuesday April 7th 1778

present
His Excellency
Dudley DiggesJames Madison &
David JamesonBolling Stark
Esquires

The Board taking into Consideration the Cases of the several Criminals Sentenced by the general court to be executed & it appearing from the unanimous recommendation of the Judges, the grounds of which were explained to the Board by the Honourable John Blair one of the Judges, that Frederick Rampendall & Elizabeth Orphan are proper objects of Mercy the Board do advise the Governor to grant them his pardon And his Excellency orders pardons to be made out accordingly.

The Board being credibly informed that his Excellency General Washington has been unsupplied for some time past with many articles of Living which Custom & the great fatigues to which he is constantly exposed must make necessary to the preservation of his health; and considering that it may be impossible to provide these Articles in the exhausted part of America where the Army is at present fixed, do advise the Governor to direct the Commissary of Stores to procure a Stock of good rum, wine, Sugar & such other Articles as his Excellency may think needful & send them on to head Quarters, to be charged either to the Continent, or to be considered as a present from this State, to the General, as the assembly may hereafter direct; & the Governor is advised to inform them at their next meeting of his proceedings herein.
Adjourned till tomorrow 10 oClock
Signed  Dudley Digges
David Jameson
James Madison
Bolling Stark


Title: Session of Virginia Council of State, 30 April 1778
From: Madison, James,Virginia Council of State
To:

Thursday April 30th 1778.

present
His Excellency the Governor;
John PageDavid Jameson &
Dudley DiggesJames Madison jr
Esquires

The Business hitherto done without a regular Board was this day laid before them and was approved of.

Adjourned till Tomorrow 10 oClock
Signed  John Page
Dudley Digges
David Jameson
James Madison


Title: Session of Virginia Council of State, 25 May 1778
From: Madison, James,Virginia Council of State
To:

Monday May 25th 1778.

present
His Excellency;
John PageNathaniel Harrison
Dudley DiggesDavid Jameson &
Thomas WalkerJames Madison jr
Esquires

The Board being informed that the Barracks at York Town were lately burnt by some unknown accident & it being absolutely necessary that the same should be rebuilt as speedily as possible they do advise the Governor to empower & direct Mr James Taylor to purchase Timber & Materials upon the best Terms they can be had, for rebuilding the said Barracks so soon as proper persons shall be employed for that purpose.
Report being made by the assistant Engineer respecting the Situation of York & the additional Fortifications necessary for that place as a protection to our Allies; and the Board taking the same under their consideration they do advise the Governor to direct Colonel Marshall to consult with Captain Fourneer the assistant Engineer & take the proper Steps for extending the Works at that place & for fortifying the Gloster Shore so as to cooperate with York, and to encrease the number of Labourers for the purpose upon the best Terms possible. And the Governor is also advised to desire the Navy Board to direct that two Gun Boats be immediately built according to a plan to be furnished by Captain Fourneer.
Adjourned till tomorrow 10 oClock
Signed  John Page
Dudley Digges
Thomas Walker
Nathaniel Harrison
David Jameson
James Madison


Title: Election to Virginia House of Delegates Voided, 27 May 1778
From: Moore, Francis
To:

Wednesday, May 27, 1778.

Resolved, That James Madison, jun. Esq. who at the last election for the county of Orange, was elected and returned one of the delegates to serve in General Assembly, being at the time of election a member of the Council of State, was incapable of being elected a member of this House;
Ordered, That the Speaker be desired to issue a writ for the election of a delegate for the county of Orange, in the room of the said James Madison, jun. Esq.


Title: Session of Virginia Council of State, 12 June 1778
From: Virginia Council of State
To:

Friday June 12th 1778

present
John Page Esquire Lieutenant Governor;
Dudley DiggesNathaniel Harrison &
Thomas WalkerJames Madison jr
Esquires

It appearing from satisfactory Information respecting the Case of Toby a negro man Slave belonging to Benjamin Wilkins, now under Sentence of Death by the Court of Prince George County for Burglary that the said Toby is a proper object of Mercy the Board do advise the Lieutenant Governor to grant a pardon in the said Toby’s favour And a pardon issued accordingly.
The Board being of Opinion that a Serjeant & Eight Men will be a sufficient Guard over the public powder in Hanover they do advise the Lieutenant Governor to give orders for the present guard to be reduced to that number & orders were given accordingly.
The Board having purchased a large Cargo of Goods in compliance with a late Resolution of the general assembly, it is become indispensably necessary, not only for the Reception of the said Cargo, but to prevent the Confusion that would arise from its being sold by the Commissary of Stores, to appoint some able & discreet person to take charge & dispose of such Articles as are to be sold to the Inhabitants at large & Robert Prentis esquire of this City offering his Services on this occasion & to furnish four Storehouses for the Reception & safe keeping of the said Cargo & other Cargoes that may be purchased under the said Resolution the Board do agree in consideration of the abilities of the said Robert Prentis & the convenience & fitness of the Storehouses aforesaid to employ him in the said business giving him as a full allowance for his trouble therein at the rate of thirty five pounds per Month & fifteen pounds per Month as rent for his Houses so long as they shall be used by the public; engaging to give him three Months notice before they discontinue the use of them. (Bond executed)
Adjourned till Thursday next 10 oClock.
Signed  John Page
Dudley Digges
Thomas Walker
Nathl Harrison
James Madison


Title: Session of Virginia Council of State, 2 July 1778
From: Virginia Council of State
To:

Thursday July 2d 1778.

present
His Excellency
Dudley DiggesDavid Jameson &
Nathaniel HarrisonJames Madison jun.
Esquires

It being represented to the Board that Doubts have arisen concerning the extent of the privilege granted to the Officers and Soldiers raised in this State of being supplied with Goods from the public Stores at the reduced prices—They do advise the Governor to direct the Commissary of Stores in this City and the Agent appointed to issue Necessaries to Virginia’s Quota of Troops in the grand army, not to furnish Goods at the said prices to Commissaries Contractors or Waggon-Masters or any others retaining to the Army whose Salaries are not Limited or ascertained by Law, it being presumed that such persons have provided an adequate reward for their Services in their respective Contracts and consequently do not come within the intention of the Law.
And the Board considering the great confusion and abuses that might result from the Commissary of Stores selling Goods at ye reduced prices to the Troops without any regulation as to the Time of applying and the quantity to be taken, do Advise the Governor to Instruct Mr Armistead not to issue any Goods to the Officers or Soldiers unless their Wants be certified in a Necessary Roll, specifying the name and wants of each Individual, by the Commander in chief of the State Troops for the time being, at each Station, which Roll the Governor is further advised to direct the Commanders in chief aforesaid to provide once a Month as soon as may be after the Day on which the Troops receive their Monthly pay And his Excellency orders accordingly.
Adjourned till tomorrow 10 oClock
Signed  Dudley Digges
Nathl Harrison
David Jameson
James Madison Jun


Title: Patrick Henry in Council to Henry Laurens, 8 July 1778
From: Henry, Patrick
To: Laurens, Henry

Sir
Wmsburg July 8th 1778

Some Resolutions of Congress & proceedings of the Board of War, have been lately transmitted to me, by which it appears that an Expedition against Fort Detroit is resolved on. In order to effect the purposes of it 2000 of the Militia together with Amunition, provisions, Horses, military Stores, Cloathing &c. &c. are requested to be furnished by this State: I should most chearfully exert myself in accomplishing the Desires of the Board of War & to provide without Delay whatever this Country could afford for the Expedition, agreeable to the Resolution of Congress, did not Reasons of the greatest Importance arrest me in the first Step. I entreat for the Candour and attention of Congress while I submit to their Consideration some of the Reasons which have induced me to think the Expedition to Detroit as announced to me by the Board of War, utterly impracticable at this Season of the year, & under our present Circumstances. In the first place it is impossible to procure Flour in Time. I observe it is proposed to be purchased in the County of Goochland. Neither that, or the adjacent Counties, or adjacent Country can afford the Quantity wanted. Suppose the Contrary, the transportation of it, is absolutely impossible by the Time required.
The Horses may possibly be got but I will venture to say that the immediate purchase of 5000 & upwards which are required will raise the price to four Times the Estimate, and amount I think to near half a million of pounds.
Indeed I am satisfied upon a view of the Articles wanted for this Expedition, that the preparations ought to have begun early in the Winter, & that those now making cannot be compleated before next Spring. 5000 pack Saddles, tight seasoned Casks for carrying the powder, collecting the Cattle together, transporting 30,000 lb. Lead from the Mines, fabricating 1000 horse Belts 400 felling Axes 3000 Hatchets, Kettles made of rolled Iron, procuring Tents, Knapsacks, Haversacks, complete Suits of Clothes for the Regulars, the recruiting, Arming, accoutring & Disciplining them; forming Magazines of provisions & military Stores, finding the means of transportation thro that Country: These and a vast Variety of other particulars which I do not enumerate, cannot be accomplished of a Sudden: On the contrary, from a Scarcity of Workmen & materials, from the want of Waggons, from the exhausted State of this Country, as to several Articles called for, and the distressed Situation of our people, Resources & Supplies, I think the next Spring, is as soon as the march proposed can be thought of.
My perfect Reliance on the Wisdom of Congress makes me wish by no means to touch upon any matter that lays within their province to determine. And I should not say anything now touching the general Expence of this Expedition, did not the advanced price of most Articles in this Country, joined to the nature of the proposed Service & the plan for effecting it make it my Duty to hint, that in my Opinion the amount will far exceed the Ideas of Congress; & perhaps approach to a Comparison with the Sum which the grand Army of Infantry costs the united States for the same length of Time. All I request is that Congress will be pleased to review the Estimate of Expences the nature of the Business and the Time for executing it; And if they shall be pleased to persist in the first plan, I shall think it my Duty to forward to the utmost what they direct.
In the mean Time, Lieutenant Colonel Campbell who brings me the Despatches on this Subject, is now here, having the Stores of the State thrown open to him, & is desired to select such Articles of Clothes as the Troops to be raised, may want & can be found in them. Orders to the Leadmines will also be sent to forward some Lead towards Fort Randolph or Pittsburgh.
The Miseries of the people of Virginia who live exposed to the Assaults of the Savages, affect me most Sensibly. And in my anxiety to See something doing for their protection, I hope for Excuse from Congress when I suggest, that if an Expedition is directed against the Hostile Tribes nearest our Frontiers, very good Consequences might result. Such a Step seems to be free from the Objections which are hinted against the Attack of Detroit, where a post will be difficult to maintain while the great intermediate Country is occupied by Hostile Indians, & from which it seems easy for the enemy to retreat with all their Stores while they are Superior upon the adjacent Waters
Our Frontier people wish for offensive Measures against the Indian Towns & will enlist freely for that purpose. But I cannot help doubting whether the apparent Difficulties of succeeding against Detroit at present, will not be an Obstacle with them against engaging in the Service.
I beg to be favoured with the Decisions of Congress upon this matter quickly as possible; that necessary Measures may not be delayed, or useless purchases or Expenditures for preparations be made by the several Agents who are already engaged in their respective Departments.
The Sentiments contained in this Letter come from a full Board of Council as well as from me.
I beg to be informed whether it is necessary to push forward the Cavalry & Infantry voted by the last Assembly here. They are to serve but a Short Time & if they are not wanted, much Expence will be Saved by knowing it in Time & preventing their Inlistments which will be made upon a most expensive plan & which nothing but a supposed necessity induced the Legislature to adopt.
With great Regard I have the Honor to be Sir
your most obedient & very humble Servant
P. Henry
P.S. The Express has Orders to wait for an Answer to this, & indeed the State of affairs seems to require it speedily
The honble Henry Laurens Esqr.
President of Congress