University of Virginia Library

TO THOMAS JEFFERSON.

Dear Sir, My last was from Richmond, of the 4th.
of December, and contained a sketch of our legislative

proceedings prior to that date. The principal proceedings
of subsequent date relate as nearly as I can
recollect Ist, to a rejection of the Bill on crimes &
punishments, which after being altered so as to remove
most of the objections as was thought, was lost
by a single vote. The rage agst. Horse stealers had a
great influence on the fate of the bill. Our old bloody
code is by this event fully restored, the prerogative of
conditional pardon having been taken from the Executive
by a judgmt. of the Court of Appeals, and the
temporary law granting it to them having expired and
been left unrevived. I am not without hope that the
rejected bill will find a more favorable disposition in
the next Assembly. 2dly. To the bill for diffusing
knowledge, it went through two readings by a small
majority and was not pushed to a third one. The
necessity of a systematic provision on the subject was
admitted on all hands. The objections agst that particular
provision were 1. the expence, wch was alledged
to exceed the ability of the people 2. the difficulty of
executing it in the present sparse settlement of the
Country. 3. the inequality of the districts as contended
by the Western members. The last objection
is of little weight and might have been easily removed
if it had been urged in an early stage of the discussion.
The bill now rests on the same footing with
the other unpassed bills in the Revisal. 3dly. To the
Revisal at large. It was found impossible to get
thro' the system of the late Session, for several reasons,
1. the changes which have taken place since
its compilement, in our affairs and our laws; particularly
those relating to our Courts, called for changes
in some of the bills which could not be made with
safety by the Legislature. 2. The pressure of other
business which tho' of less importance in itself, yet
was more interesting for the moment. 3. the alarm
excited by an approach toward the Execution Bill,
which subjects land to the payment of debts. This
bill could not have been carried, was too important to
be lost, and even too difficult to be amended without
destroying its texture. 4. the danger of passing the
Repealing Bill at the end of the Code, before the operation
of the various amendments, &c., made by the
Assembly could be leisurely examined by competent
Judges. Under these circumstances it was thought
best to hand over the residue of the work to our successors,
and in order to have it made compleat, Mr.
Pendleton, Mr. Wythe, & Blair, were appd. a Committee
to amend the unpassed bills & also to prepare
a supplemental revision of the laws which have been
passed since the original work was executed. It became
a critical question with the friends of the Revisal
whether the parts of the Revisal actually passed
shd be suspended in the mean time, or left to take
their operation. The first plan was strongly recommended
by the advantage of giving effect to the system
at once, and by the inconveniency arising from
the latter of leaving the old laws to a constructive repeal
only. The latter notwithstanding was preferred
as putting the adopted bills out of the reach of a succeeding
Assembly, which might possibly be unfriendly
to the system altogether. There was good reason to
suspect Mr. Henry who will certainly be then a member.
By suffering the bills which have passed to take
effect in the mean time it will be extremely difficult
to get rid of them. 4thly. Religion. The Act incorporating
the protestant Episcopal Church excited the
most pointed opposition from the other Sects. They
even pushed their attacks agst. the reservation of the
Glebes &c., to the church exclusively. The latter circumstance
involved the Legislature in some embarrassment.
The result was a repeal of the Act, with
a saving of the property. 5th. The district Courts.
After a great struggle they were lost in the House of
Delegates by a single voice. 6thly. taxes; the attempts
to reduce former taxes were baffled, and sundry
new taxes added, on lawyers, 1/10 of their fees, on Clks
of Courts, 1/4 of do., on doctrs. a small tax, a tax on
houses in towns so as to level their burden with that
of real estate in the country, very heavy taxes on
riding carriages, &c. Besides these an additional
duty of 2 per Ct. ad valorem on all merchandizes imported
in vessels of nations not in treaty with the U.
S. an addl. duty of 4d. on every gallon of wine except
French wines and of 2d. on every gallon of distilled
Spirits except French brandies which are made duty
free. The exceptions in favor of France were the
effect of the sentiments & regulations communicated
to you by Mr. Calonne. A printed copy of the communication
was recd. the last day of the session in a
newspaper from N. York, and made a warm impression
on the Assembly. Some of the taxes are liable
to objections, and were much complained of. With
the additional duties on trade they will considerably
enhance our revenue. I should have mentioned a
duty of 6s. per Hhd. on Tobo. for complying with a
special requisition of Congs. for supporting the corps
of men raised for the public security. 7th. the Mississippi.
At the date of my last the House of
Delegates only had entered into Resolutions agst. a
surrender of the right of navigating it. The Senate
shortly after concurred. The States South of Virga.
still adhere as far as I can learn to the same ideas as
have governed Virginia. N. Jersey one of the States
in Congress which was on the opposite side has now
instructed her Delegates agst. surrendering to Spain
the navigation of the River even for a limited time.
And Pena. it is expected will do the same. I am told
that Mr. Jay has not ventured to proceed in his project[92]
and I suppose will not now do it[92]. 8th. the Convention
for amending the federal Constitution. At the
date of my last Virga. had passed an Act for appointing
deputies. The deputation consists of Genl. Washington
Mr. Henry, late Govtr. Mr. Randolph present
Govr. Mr. Blair Mr. Wythe Col. Mason & Js. M. N.
Carola. has also made an appt. including her present &
late Govr. S. C. it is expected by her delegates in
Congs., will not fail to follow these examples. Maryland
has determined I just hear to appt. but has not
yet agreed on her deputies. Delaware, Penna., & N.

Jy., have made respectable appointimts. N. York has not
yet decided on the point. Her Assembly has just rejected
the impost which has an unpropitious aspect.

It is not clear however that she may not yet accede
to the other measure. Connecticut has a great aversion
to Conventions, and is otherwise habitually disinclined
to abridge her State prerogatives. Her
concurrence nevertheless is not despaired of Massts.
it is said will concur, though hitherto not well inclined.
N. Hampshire will probably do as she does.
Rhode Island can be relied on for nothing that is
good. On all great points she must sooner or later
bend to Massts. and Connecticut.

Having but just come to this place I do not undertake
to give you any general view of American affairs,
or of the particular State of things in Massts. The
omission is probably of little consequence as information
of this sort must fall within your correspondence
with the office of foreign affairs. I shall not however
plead this consideration in a future letter, when I hope
to be more able to write fully.

Mr. Fitzhugh has paid into my hands for your
use; £58–6–8 Virga. Currency in discharge of 1000
livres advanced to him in France. He was anxious
to have settled it according to the actual exchange
instead of the legal one of 33 1/3 on the British standard,
and even proposed the addition of Interest. I
did not hesitate to conclude that I should fulfill your
intentions by rejecting both. I have sent to Mrs
Carr £25 for the use of your nephews as you directed.
The balance is in my hands subject to your orders
tho' I shall venture to apply it in the same way if I
shd. be apprised of its being necessary to prevent interruption
to the studies of the Young gentlemen.

My last informed you of the progress &c. of Master
Peter. I have since recd. from the presdt. of Hampden
Sydny a letter containing the following paragraph
" Dabney Carr is a boy of very promising genius &
very diligent application. He conducts himself with
a good deal of prudence, & I hope will answer the expectations
of his friends. I was afraid at first that he
was dull or indolent from his appearance, but I find
myself agreeably disappointed. His principal study
at present is the Latin language, but he is also obliged
to pay some attention to his native tongue.

I remain Dr. Sir Yr Affecte. friend