University of Virginia Library

TO EDMUND PENDLETON.

Dear Sir,—I have recd. and acknowledge with
great pleasure your favor of the 8th inst: The remarks
which you make on the Act of the Convention
appear to me to be in general extremely well founded.
Your criticism on the clause exempting vessels bound
to or from a State from being obliged to enter &c., in
another is particularly so. This provision was dictated
by the jealousy of some particular States, and
was inserted pretty late in the Session. The object
of it was what you conjectured. The expression is
certainly not accurate. Is not a religious test as far
as it is necessary, or would operate, involved in the
oath itself? If the person swearing believes in the
Supreme Being who is invoked, and in the Penal
consequences of offending him, either in this or a
future world or both, he will be under the same restraint
from perjury as if he had previously subscribed
a test requiring this belief. If the person in
question be an unbeliever in these points and would,
notwithstanding take the oath, a previous test could

have no effect. He would subscribe it as he would
take the oath, without any principle that could be
affected by either.

I find, by a letter from Mr. Dawson[20] that the proposed
Constitution is received by the Assembly with
a more prompt & general approbation than could well
have been expected. The example of Virginia will
have great weight, and the more so, as the disagreement
of the deputation will give it more the appearance
of being the unbiassed expression of the public
mind. It would be truly mortifying if anything
should occur to prevent or retard the concurrence of
a State which has generally taken the lead on great
occasions. And it would be the more so in this case
as it is generally believed that nine of the States at
least will embrace the plan, and consequently that the
tardy remainder must be reduced to the dilemma of
either shifting for themselves, or coming in without
any credit for it. There is reason to believe that the
Eastern States, R. Island excepted, will be among the
foremost in adopting the System. No particular information
is yet received from N. Hampshire. The
presumptive evidence of its good disposition however
is satisfactory. The Legislature of Massts. is now
sitting, and letters from good authority say that
everything goes well. Connecticut has unanimously
called a Convention, and left no room to doubt her
favorable disposition. This State has long had the
character of being anti-federal. Whether she will

purge herself of it on this occasion, or not, is yet to be
ascertained. Most of the respectable characters are
zealous on the right side. The party in power is suspected
on good grounds to be on the wrong one. N.
Jersey adopts eagerly the Constitution. Penna. is considerably
divided[21] ; but the majority are as yet clearly
with the Convention. I have no very late information
from Maryland. The reports are that the opposition
will make no great figure.[22] Not a word has
been heard from the States South of Virginia, except
from the lower parts of N. Carola., where the Constitution
was well received. There can be little doubt I
think that the three Southern States will go right unless
the conduct of Virginia were to mislead them.

I enclose two of the last Newspapers of this place,
to which I add one of Philadelphia, containing a report
of a late important decision of the Supreme
Court there. If the report be faithful, I suspect it
will not give you a high idea of the chancery knowledge
of the Chief Justice.

I am Dear Sir, with sincere affection,