There will, in the event, be a considerable majority for the Report in the House of Delegates, and a pretty sure one in the Senate. Can you send me a copy of Priestley's letters last published? TO THOMAS JEFFERSON. Jan 9, 1800. DEAR SIR, The question on the Report printed was decided by 60 for and 40 against it, the day before yesterday, after a debate of five days. Yesterday and to-day have been spent on Mr. Giles' propositions, which, with some softenings, will probably pass by nearly the same vote. The Senate is in rather a better state than was expected. The Debate turned almost wholly on the right of the Legislature to protest. The Constitutionality of the Alien and Sedition acts, and of the Common Law, was waived. It was said that the last question would be discussed under Mr. Giles' propositions; but as yet nothing has been urged in its favour. It is probable, however, that the intention has not been laid aside. I thank you for the pamphlets. TO THOMAS JEFFERSON. RICHMOND, Jan 12, 1800. DEAR SIR,-My last informed you of the result of the debates on the justifying Report of the Select Committee. I am now able to add that of Mr. Giles's resolutions. The question on the whole was decided in the affirmative by a little upwards of a hundred against less than fifty. The vote was rather stronger on some of the particular resolutions, for example, the instruction for disbanding the army. The Alien, Sedition, and Tobacco instructions passed without a count or a division. That relating to the Common Law passed unanimously, with an amendment qualifying it in the words of the paragraph in the Justifying Report, under which certain defined parts of the Common Law are admitted to be the law of the U. S. This amendment was moved by the minority, on the idea that it covers the doc trine they contend for. On our side, it is considered as a guarded exposition of the powers expressed in the Const", and those necessary and proper to carry them into execution. I am not able to say in what manner they misconstrue the definition, unless they apply the term "adopt" to the "Court," which would be equally absurd and unconstitutional. The judges themselves will hardly contend that they can adopt a law, that is, make that law which was before not law. The difference in the majority on the Report and the Resolutions was occasioned chiefly by the pledge given against the former by the members who voted against the Resolutions of last year. The resolutions also underwent some improvements, which reconciled many to them who were not satisfied with their first tone and form. It is understood that the present assembly is rather stronger on the republican side than the last one, and that a few favorable changes have taken place in the course of the Session. It is proposed to introduce to-morrow a bill for a general ticket in chusing the next Electors. I expect to leave this in a week, so that your subsequent favors will find me in Orange. TO THOMAS JEFFERSON. RICHMOND, Jany 18, 1800. DEAR SIR,-Since my last, the Senate have agreed to the Report and the Resolution by 15 to 6. To the latter, they made an amendment to the definition of the portion of Common Law in force in the U. S., by inserting the words "by Congress" after the word "adopted," in order to repel the misconstruction which led the minority to concur in that particular resolution as it passed the House of Delegates. The amendment was agreed to by 82 to 40. The plan of a Gen' Ticket was so novel that a great number who wished it shrunk from the vote, and others, apprehending that their Constituents would be still more startled at it, voted against it, so that it passed by a majority of 5 votes only. The event in the Senate is rather doubtful, tho" it is expected to get thro'. As the avowed object of it is to give Virginia fair play, I think, if passed into a law, it will, with proper explanations, become popular. I expect to get away about the middle of the week. The Assembly will rise, perhaps, at the end of it, tho' possibly not so soon. I forgot to tell you that a renewed effort to raise the pay of the members to 3 Dolls. has succeeded; a measure wrong in principle, and which will be hurtful in its operation. TO THOMAS JEFFERSON. ORANGE, Feb 14, 1800. DEAR SIR,-My last to you was from Richmond; your last to me is just received, covering the Bill for drawing Jurors by lot. The plan proposed by the Bill is a great improvement on the regulation in force here. I cannot say whether it may have the same merit every where. This subject was not wholly forgotten during our late session. A Bill was even prepared on it by one of our State Judges. But subjects deemed more immediately interesting diminished so much the attention of some whose agency in carrying it thro' was essential, that the Bill was never introduced. We see by the late papers that a new scene is presented on the French Theatre, which leaves the denouement more a problem than ever. The characters and professions of some of the leading actors furnish a hope that monarchy may not be their object, but melancholy evidence appears that the destiny of the Revolution is transferred from the Civil to the military authority. Whether the lesson will have the proper effect here in turning the public attention to the danger of military usurpations, or of intrigues between political and military leaders, is more than I can say. A stronger one was, perhaps, never given, nor to a Country more in a situation to profit by it. We have had, for two weeks and more, snow on the ground from 15 to 20 inches deep, which has blockaded every body within his own doors. Adieu. I was a subscriber for Trumbull's prints, which, I find, are now in America. Can you tell me when and how I am to get them, and what is to be paid in addition to the payments at subscribing? I wish to know, also, whether they are to be delivered in frames. TO THOMAS JEFFERSON. March 15, 1800. DEAR SIR, Since my last, I have been favored with the following inclosures: the Bill relating to Electors, Ramsay's Oration, the Report on Ways and Means, a motion by Bingham, and the resolution for excluding the Judges from other offices. It is not to be denied that the Constitution might have been properly more full in prescribing the election of President and Vice President; but the remedy is an amendment to the Constitution, and not a Legislative interference. It is evident that this interference ought to be, and was meant to be, as little permitted as possible; it being a principle of the Constitution that the two Departments should be independent of cach other, and dependent on their Constituents only. Should the spirit of the Bill be followed up, it is impossible to say how far the choice of the Executive may be drawn out of the constitutional hands and subjected to the management of the Legislature. The danger is the greater, as the Chief Magistrate for the time being may be bribed into the usurpations by so shaping them as to favor his re-election. If this licentiousness in constructive perversions of the Constitution continue to increase, we shall soon have to look into our code of laws, and not the charter of the people, for the form, as well as the powers of our Government. Indeed, such an unbridled spirit of construction as has gone forth in sundry instances would bid defiance to any possible parchment securities against usurpation. I understand that the general ticket law is represented at Phil' as generally unpopular. I have no reason to believe this to be the fact. On the contrary, I learn that the information collected at Richmond on this subject is satisfactory to the friends of the law. The ground has been covered for six weeks with snow, and there is still a remnant of it. It has given a very unusual backwardness to all the preparations for the ensuing crops, but we hope for some amends from its influence on the winter grain. TO THOMAS JEFFERSON. April 4, 1800. DEAR SIR,-Your favor by Mr. Trist was duly handed to me, since which I have received the report on imports under your cover, and yesterday your favour of the 25 ult., accompanied with the pamphlet and Mr. Nicholson's motion on the Electoral Bill, which appears to be so fair and pertinent, that a rejection of it in favor of any other modification proposed must fix a new brand on the Authors. The spirit manifested in the Senate steadily, and in the other House occasionally, however mischievous in its immediate effects, cannot fail, I think, to aid the progress of reflection and change among the people. In this view our public malady may work its own cure, and ultimately rescue the republican principle from the imputation brought on it by the degeneracy of the public councils. Such a demonstration of the rectitude and efficacy of popular sentiment will be the more precious, as the late defection of France has left America the only Theatre on which true liberty can have a fair trial. We are all extremely anxious here to learn the event of the election in New York, on which so much depends. I have nothing to add to what I have already said on the prospect with us. I have no reason whatever to doubt all the success that was expected. If it should fall in your way, you will oblige me by inquiring whether there be known in Philadelphia any composition for encrusting brick that will effectually stand the weather; and particularly what is thought of common plaster, thickly painted with white lead and overspread with sand. I wish to give some |