University of Virginia Library

TO GEORGE WASHINGTON.

Dear Sir,—

Since my last I have been furnished with the inclosed
copy of the letter from the Senators of this
State to its Legislature.[128] It is well calculated to
keep alive the disaffection to the Government, and is
accordingly applied to that use by violent partizans.
I understand the letter was written by the first

subscriber of it, as indeed is pretty evident from
the style and strain of it. The other it is said, subscribed
it with reluctance. I am less surprised that
this should have been the case than that he should
have subscribed it at all.

My last information from Richmond is contained
in the following extract from a letter of the 28th of
Novr., from an intelligent member of the H. of Delegates.
"The revenue bill which proposes a reduction
of the public taxes one fourth below the last
year's amount is with the Senate. Whilst this business
was before the H. of Delegates a proposition was
made to receive Tobacco & Hemp as commutables,
which was negatived, the House determining still to
confine the collection to specie and to specie warrants.
Two or three petitions have been presented
which asked a general suspension of Executions for
twelve months; they were read, but denied a reference.
The Assembly have passed an Act for altering
the time for choosing Representatives to Congress,
which is now fixed to be on the third Monday in
September, suspending the powers of the Representative
until the Feby. after his election. This
change was made to suit the time of the annual
meeting of Congress. The fate of the Amendments
proposed by Congress to the Genl Government is
still in suspense. In a Come. of the whole House the
first ten were acceded to with little opposition; for
on a question taken on each separately, there was
scarcely a dissenting voice. On the two last a debate
of some length took place, which ended in rejection.

Mr. E. Randolph who advocated all the others stood
on this contest in the front of opposition. His
principal objection was pointed agst. the word 'retained,'
in the eleventh proposed amendment, and
his argument if I understood it was applied in this
manner—that as the rights declared in the first ten
of the proposed amendments were not all that a free
people would require the exercise of, and that as
there was no criterion by which it could be determined
whether any other particular right was retained
or not, it would be more safe and more
consistent with the spirit of the 1st & 17th amendts.
proposed by Virginia that this reservation agst constructive
power, should operate rather as a provision
agst extending the powers of Congs. by their own
authority, than a protection to rights reducible to no
definite certainty. But others, among whom I am
one, see not the force of this distinction, for by preventing
an extension of power in that body from
which danger is apprehended, safety will be insured,
if its powers be not too extensive already, & so by
protecting the rights of the people & of the States,
an improper extension of power will be prevented &
safety made equally certain. If the House should
agree to the Resolution for rejecting the two last,
I am of opinion it will bring the whole into hazard
again, as some who have been decided friends to the
ten first think it would be unwise to adopt them
without the 11 & 12th. Whatever may be the fate
of the amendments submitted by Congress, it is
probable that an application for further amendments

will be made by this Assembly, for the opposition
to the federal Constitution is in my opinion
reduced to a single point, the power of direct taxation
—those who wish the change are desirous of repeating
the application, whilst those [who] wish it not
are indifferent on the subject, supposing that Congs.
will not propose a change which would take from
them a power so necessary for the accomplishment
of those objects which are confided to their care.
Messrs Joseph Jones & Spencer Roane are appointed
Judges of the Genl. Court, to fill the vacancies occasioned
by the death of Mr. Carey & the removal of
Mr. Mercer to the Court of appeals."

The difficulty started agst the amendments is
really unlucky, and the more to be regretted as it
springs from a friend to the Constitution. It is a
still greater cause of regret, if the distinction be, as it
appears to me, altogether fanciful. If a line can be
drawn between the powers granted and the rights
retained, it would seem to be the same thing,
whether the latter be secured by declaring that they
shall not be abridged, or that the former shall not be
extended. If no such line can be drawn, a declaration
in either form would amount to nothing. If the
distinction were just it does not seem to be of sufficient
importance to justify the risk of losing the
amendts., of furnishing a handle to the disaffected,
and of arming N. C. with a pretext, if she be disposed
to prolong her exile from the Union.

With every sentiment of respect & attachment I
am Dr Sir Yr Obedt. & hble Servt.