University of Virginia Library

TO THOMAS JEFFERSON.

Dear Sir,—My last dated Novr 15th, from this place answered yours of
May 11th, on the subject of your printed notes.[56] I have since had opportunities
of consulting other friends on the plan you propose, who concur in the result

of the consultations which I transmitted you. Mr. Wythe's idea seems to
be generally approved, that the copies destined for the University should be
dealt out by the discretion of the Professors, rather than indiscriminately and at
once put into the hands of the students, which, other objections apart, would at
once exhaust the Stock. A vessel from Havre de Grace brought me a few
days ago two Trunks of Books, but without letter or catalogue attending them.
I have forwarded them to Orange without examining much into the contents,
lest I should miss a conveyance which is very precarious at this season, and be
deprived of the amusement they promise me for the residue of the winter.

Our Assembly last night closed a Session of 97 days, during the whole of
which except the first seven, I have shared in the confinement. It opened
with a very warm struggle for the chair between Mr. Harrison & Mr. Tyler
which ended in the victory of the former by a majority of 6 votes. This victory
was shortly afterwards nearly frustrated by an impeachment of his election
in the County of Surry. Having failed in his native County of Charles City,
he abdicated his residence there, removed into the County of Surry where he
had an estate, took every step which the interval would admit, to constitute
himself an inhabitant, and was in consequence elected a representative. A
charge of non-residence was nevertheless brought against him, decided agst. him
in the comittee of privileges by the casting vote of the Chairman, and reversed
in the House by a very small majority. The election of Docr. Lee was attacked
on two grounds. Ist, of non-residence, 2dly., of holding a lucrative office under
Congs, on the 1st he was acquitted, on the 2d., expelled, by a large majority.
The revised Code was brought forward pretty early in the Session. It was first
referred to Come of Cts of Justice, to report such of the bills as were not of a
temporary nature, and on their report com̃itted to comtee of the whole.
Some difficulties were raised as to the proper mode of proceeding, and some
opposition made to the work itself. These however being surmounted, and
three days in each week appropriated to the task, we went on slowly but successfully,
till we arrived at the bill concerning crimes and punishments. Here
the adversaries of the Code exerted their whole force, which being abetted by
the impatience of its friends in an advanced stage of the Session, so far prevailed
that the farther prosecution of the work was postponed till the next Session.
The operation of the bills passed is suspended until the beginning of
1787 so that if the Code sd be resumed by the next Assembly and finished early

in the Session, the whole system may commence at once. I found it more
popular in the Assembly than I had formed any idea of, and though it was
considered by paragraphs and carried through all the customary forms, it might
have been finished at one Session with great ease, if the time spent on motions
to put it off and other dilatory artifices had been employed on its merits.
The adversaries were the Speaker, Thruston, and Mercer, who came late in the
Session into a vacancy left by the death of Col, Brent, of Stafford, and contributed
principally to the mischief.[57] The titles in the enclosed list will point out
to you such of the bills as were adopted from the Revisal. The alterations
which they underwent are too numerous to be specified, but have not materially
vitiated the work. The bills passed over were either temporary ones, such as
being not essential as parts of the system may be adopted at any time and were
likely to impede it at this, or such as have been rendered unnecessary by Acts
passed since the epoch at which the revisal was prepared. After the completion
of the work at this Session was despaired of it was proposed and decided
that a few of the bills following the bill concerning crimes and punishments
should be taken up as of peculiar importance. The only one of these which
was pursued into an Act is the Bill concerning Religious freedom. The steps
taken throughout the Country to defeat the Genl Assessment had produced all
the effect that could have been wished. The table was loaded with petitions
and remonstrances from all parts against the interposition of the Legislature in
matters of Religion. A general convention of the Presbyterian church prayed
expressly that the bill in the Revisal might be passed into a law, as the best
safeguard short of a Constitutional one, for their religious rights. The bill was
carried thro' the H. of Delegates, without alteration. The Senate objected to
the preamble, and sent down a proposed substitution of the 16th. art: of the
Declaration of Rights. The H. of D. disagreed. The Senate insisted, and
asked a Conference. Their objections were frivolous indeed. In order to remove
them as they were understood by the Managers of the H. of D. The preamble
was sent up again from the H. of D. with one or two verbal alterations.
As an amendment to these the Senate sent down a few others, which as they
did not affect the substance though they somewhat defaced the composition, it
was thought better to agree to than to run further risks, especially as it was getting
late in the Session and the House growing thin. The enacting clauses
past without a single alteration, and I flatter myself have in this country extinguished
forever the ambitious hope of making laws for the human mind.

Acts not included in the Revisal.

For the naturalization
of
the Marquis
de la fayette.
To amend the
act vesting in

This was brought forward by Col: Henry Lee Jr., and passed
without opposition. It recites his merits towards this Country,
and constitutes him a Citizen of it.

The donation presented to Genl W embarrassed him much, on
one side, he disliked the appearance of slighting the bounty of his

Country and of an ostentatious disinterestedness, on the other, Genl.
an acceptance of reward in any shape was irreconcileable with
the law he had imposed on himself. His answer to the Assembly
declined in the most affectionate terms the emolument alloted
to himself, but intimated his willingness to accept it so far as to dedicate it to
some public and patriotic use. This Act recites the original act & his answer,
and appropriates the future revenue from the shares to such public objects as
he shall appoint. He has been pleased to ask my ideas with regard to the most
proper objects. I suggest, in general only, a partition of the fund between some
institution which would please the philosophical world, and some other which
may be of a popular cast. If your knowledge of the several institutions in
France or elsewhere should suggest models or hints, I could wish for your
ideas on the case, which no less concern the good of the Commonwealth than the
character of its most illustrious citizen.

Washington
certain
shares in the
River companies.

Some of the malefactors consigned by the Executive to labour, brought
the legality of such pardons before the late Court of
Appeals who adjudged them to be void. This Act gives the Executive
a power in such cases for one year. It passed before the
bill in the revisal on this subject was taken up, and was urged
against the necessity of passing it at this Session. The expiration
of this act at the next Session will become an argument on the
other side.

An act empowering
the
Governor &
Council to
grant conditional
pardons
in certain
cases.

This Act empowers the Executive to confine or send away suspicious
aliens, on notice from Congs that their sovereigns have
declared or commenced hostilities agst the U. S., or that ye latter
have declared War ãgst such sovereigns. It was occasioned by
the arrival of two or three Algerines here, who, having no apparent
object, were suspected of an unfriendly one. The Executive caused them
to be brought before them, but found themselves unarmed with power to proceed.
These adventurers have since gone off.

An act giving
powers to
the Governor
and Council
in certain
cases.

Abolishes the quitrent, and removes the papers to the Register's
office.

Act for safe
keeping land
papers of the
Northern Neck.

Requires them to clear their dockets quarterly. It amounts to
nothing and is chiefly the result of efforts to render Courts of
Assize unnecessary.

Act for reforming

County
Courts.

The latter act passed at the last Session required sundry supplemental
regulations to fit it for operation, an attempt to provide
these which involved the merits of the innovation drew forth the
united exertions of its adversaries. On the question on the supplemental
bill they prevailed by 63 votes agst. 49. The best that
could be done in this situation was to suspend instead of repealing
the original act, which will give another chance to our successors for introducing
the proposed reform. The various interests opposed to it, will never be
conquered without considerable difficulty.

Act to suspend
the operation
of the
Act establishing
Courts of
Assize.

Resolution
proposing a
general meeting
of comr̃s
from the
States to consider
and recom̃end
a
fœderal plan
for regulating
coerce, and
appointg and
Comsr̃s from
Va, Ed Randolph,
Js
Madison, Jr.,
Walter Jones,
St G. Tucker,
M. Smith, G.
Mason, &
Davud Ross,
who are to
comm̃unicate
the proposal
& suggest
time & place
of meeting.

The necessity of harmony in the com̃ercial regulations of the
States has been rendered every day more apparent. The local
efforts to counteract the policy of G. B., instead of succeeding,
have in every instance recoiled more or less on the States which
ventured on the trial. Notwithstanding these lessons, the Merchts
of this State, except those of Alexandria and a few of the more
intelligent individuals elsewhere, were so far carried away
by their jealousies of the Northern Marine as to wish for a navigation
Act confined to this State alone. In opposition to those narrow
ideas the printed proposition herewith inclosed was made.
As printed, it went into a Comme of the whole. The alterations
of the pen shew the state in which it came out. Its object was to
give Congs such direct power only as would not alarm, but to
limit that of the States in such manner as wd. indirectly require a
conformity of the plans of Congs The renunciation of the right
of laying duties on imports from other States, would amount to a
prohibition of duties on imports from foreign Countries, unless
similar duties existed in other States. This idea was favored by
the discord produced between several States by rival and adverse
regulations. The evil had proceeded so far between Connecticut
and Massts. that the former laid heavier duties on imports from
the latter than from G. B., of which the latter sent a letter of
complaint to the Executive here and I suppose to the other
Executives. Without some such self-denying compact it will,
I conceive be impossible, to preserve harmony among the contiguous States.
In the Comittee of the whole the proposition was combated at first on its general
merits. This ground was however soon changed for that of its perpetual
duration, which was reduced first to 25 years, then to 13 years. Its adversaries
were the Speaker, Thruston, and Corbin; they were bitter and illiberal against
Congress & the Northern States beyond example Thruston considered it as
problematical, whether it would not be better to encourage the British than the
Eastern marine Braxton and Smith were in the same sentiments, but absent at
this crisis of the question. The limitation of the plan to 13 years so far destroyed
its value in the judgment of its friends that they chose rather, to do nothing
than to adopt it in that form. The report accordingly remained on the table
uncalled for to the end of the Session. And on the last day the resolution
above quoted was substituted. It had been proposed by Mr. Tyler immediately
after the miscarriage of the printed proposition, but was left on the
table till it was found that Several propositions for regulating our trade without
regard to other States produced nothing. In this extremity The resolution was
generally acceded to, not with the opposition of Corbin & Smith. The Comssrs
first named were the Attorney, Dr Jones, and myself. In the House of D.,
Tucker and Smith were added, and in the Senate, Mason, Ross, and Ronald.
The last does not undertake.

The port bill was attacked and nearly defeated, an amendatory bill was
passed with difficulty thro' the H. of D., and rejected in the Senate. The original
one will take effect before the next Session, but will probably be repealed
then. It would have been repealed at this, if its adversaries had known their
strength in time and exerted it with Judgment.

A Bill was brought in for paying British debts but was rendered so inadequate
to its object by alterations inserted by a Com̃itte of the whole that the patrons
of it thought it best to let it sleep.

Several petitions (from Methodists chiefly) appeared in favor of a gradual
abolition of slavery, and several from another quarter for a repeal of the law
which licences private manumissions. The former were not thrown under the
table, but were treated with all the indignity short of it. A proposition for
bringing in a Bill conformably to the latter, was decided in the affirmative by
the casting voice of the Speaker; but the bill was thrown out on the first reading
by a considerable majority.

A considerable itch for paper money discovered itself, though no overt
attempt was made. The partisans of the measure, among whom Mr. M. S[58] may
be considered as the most zealous, flatter themselves, and I fear upon too good
ground, that it will be among the measures of the next session. The unfavorable
balance of trade and the substitution of facilities in the taxes will have dismissed
the little specie remaining among us and strengthened the common
argument for a paper medium.

This tax was to have been collected in Sepr. last, and had been
in part actually collected in specie. Notwithstanding this and
the distress of public credit, an effort was made to remit the tax
altogether. The party was headed by Braxton, who was courting
an appointment into the council. On the question for a third
reading, the affirmative was carried by 52 agst.42. On the final
question, a vigorous effort on the negative side with a reinforcement
of a few new members, threw the bill out. The victory however was not
obtained, without subscribing to a postponement instead of remission, and the
admission of facilities instead of Specie. The postponement too extends not
only to the tax which was under collection, and which will not now come in till
May, but to the tax of Sepr next which will not now be in the Treasury till the
beginning of next year. The wisdom of seven Sessions will be unable to
repair the mischiefs of this single act.

Act for
postponing
the tax of the
present year
and admitting
facilities
in payment.

This was prayed for by a memorial from a Convention held
in Kentucky, and passed without opposition. It contains stipulations
in favor of territorial rights held under the laws of Vira, and
suspends the actual separation on the decision of a Convention
authorized to meet for that purpose, and on the assent of Congress.
The boundary of the proposed State is to remain the
same as the present boundary of the district.

Act concerning
the
erection of
Kentucky
into an independent

State.

Act to
amend the
Militia law.

At the last Session of 1784 and act passed displacing all the
militia officers, and providing for the appointmt. of experienced
men. In most counties it was carried into execution, and generally
much to the advantage of ye militia. In consequence of a
few petitions agst. the law as a breach of the Constitution, this act reverses all
the proceedings under it, and reinstates the old officers.

Act to extend
the
operation of
the Escheat
law to the
Northern
Neck.

From the peculiar situation of that district the Escheat law was
not originally extended to it. Its extension at this time was occasioned
by a bill brought in by Mr. Mercer for seizing and selling
the deeded land of the late lord Fairfax on the ground of its being
devised to aliens, leaving them at liberty indeed to assert their
pretensions before the Court of Appeals. As the bill however
stated the law & the fact, and excluded the ordinary inquest, in the
face of pretensions set up even by a Citizen, (Martin,) to whom it is said the reversion
is given by the will, it was opposed as exerting at least a Legislative interference
in and improper influence on the Judiciary question. It was proposed
to substitute the present act as an amendm' to the bill in a Committee of the
whole which was disagreed to. The bill being of a popular cast went thro' the
H. of D. by a great majority. In the Senate it was rejected by a greater one,
if not unanimously. The extension of the escheat law was, in consequence,
taken up and passed.

"Act for
punishing
certain
offences."

to wit, attempts to dismember the State without the consent of
the Legislature. It is pointed agst the faction headed by A.
C[ampbell], in the County of Washington.

Act for
amending
the appropriating
Act.

Complies with the requisition of Congs. for the present year, to
wit: 1786. It directs 512,000 dollars, the quota of this State, to
be paid before May next the time fixed by Congress, altho' it is
known that the postponement of the taxes renders the payment of a
shilling impossible. Our payments last year gained us a little reputation. Our
conduct this must stamp us with ignominy.

Act for
regulating
the Salaries
of the Civil
list.

Reduces that of the Govrr. from £1,000 to £800, & the others
some at a greater and some at a less proportion.

Act for
disposing of
waste lands
on Eastern
waters.

Meant chiefly to affect vacant land in the Northern Neck,
erroneously conceived to be in great quantity and of great value.
The price is fixed at £25 per Hundred acres, at which not an acre
Will be sold.

An act imposing
addl
tonnage on
British
vessels.

Amounting in the whole to 5 s. per ton.

Nothing has been yet done with N. C. towards opening a Canal thro' the
Dismal. The powers given to Comms̃rs on our part are renewed, and some
negociation will be brought about if possible. A certain interest in that State
is suspected of being disinclined to promote the object, notwithstanding its
manifest importance to the community at large. On Potowmack they have
been at work some time. On this river they have about eighty hands ready
to break ground, and have engaged a man to plan for them. I fear there
is a want of skill for the undertaking that threatens a waste of labour and
a discouragement to the enterprize. I do not learn that any measures have been
taken to procure from Europe the aid which ought to be purchased at any price,
and which might I should suppose be purchased at a moderate one.

I had an opportunity a few days ago of knowing that Mrs. Carr and her family,
as well as your little daughter, were well. I am apprehensive that some impediments
still detain your younger nephew from his destination. Peter has
been in Williamsburg, and I am told by Mr. Maury that his progress is satisfactory.
He has read, under him, Horace, some of Cicero's Orations, Greek
testament, Æsop's fables in Greek, ten books of Homer's Iliad, & is now
beginning Xenophon, Juvenal, & Livy. He has also given some attention to
French.

I have paid le Maire ten guineas. He will set out in about three weeks I am
told for France. Mr. Jones has promised to collect & forward by him all such
papers as are in print and will explain the situation of our affairs to you.
Among these will be the most important acts of the Session, & the Journal
as far as it will be printed.

Mr. Wm. Hays in sinking a well on the declivity of the Hill above the proposed
seat of the Capitol and nearly in a line from the Capitol to Belvidere,
found about seventy feet below the surface, several large bones, apparently belong
to a fish not less than the Shark, and what is more singular, several fragments
of potter's ware in the stile of the Indians. Before he reached these
curiosities he passed thro' about fifty feet of soft blue clay. I have not seen the
articles, having but just heard of them, & been too closely engaged; but have
my information from the most unexceptionable witnesses who have. I am told
by Genl Russel of Washington County, that in sinking a Salt well in that
County he fell in with the hip bone of the incognitum, the socket of which was
about 8 inches diameter. It was very soft in the subterraneous State, but
seemed to undergo a petrefaction on being exposed to the air.

Adieu. Affecly.

Promotions.—Edward Carrington & H. Lee, Jr., added to R. H. Lee, Js.

Monroe, and Wm. Grayson, in the delegation to Congress.

Carter Braxton to the Council.

Jno. Tyler to court of admiralty, in room of B. Waller, resd.

prices current.—Tobo, 23s on James River, and proportĩally elsewhere.

Wheat, 5s to 6s. per Bushel.

Corn, 18s to 02s. per Barrel.

Pork 28s to 30s pr Ct.