I wrote you some time ago, & desired Mr Lovell, who told me he should see Mr Ames before he left Dedham, to forward it by him. Your Son Tom writes me that you have not recieved it. I shall enquire of Lovell what he did with it. It contained several letters, one to Mrs Smith, one for Louisa, one or more for my Aunt, one for Tom & one for Charles.1

Our Legislature is now sitting. A question has arisen, “whether persons holding offices under the national Government similar to those prohibited by our State Constitution, have a right to hold their seats in our Legislature.” A joint Committee was chosen, who reported that they had no right. The Report was not accepted by the Senate. The numbers were 13 to 11. The house accepted the Report by a majority of 137 to 24.— However, the Senate still think that they have a sole right to judge of the quatifications of their own members, & are determined to pay no regard to the judgment of the House. The Consequence is that Mr Gore has quitted his seat in the house, while Mr Jackson remains still in the Senate.2

Mr Gardner, the Member from Pownalboro’, entirely regardless of Popularity, as he himself says, & excited only by patriotic principles & passions, has been urging an enquiry into the State of the law & its Professors in this Commonwealth. On the first day of the Session, he inform’d the house that he intended the honour of making a motion on the next Tuesday. On tuesday, after a long Exordium upon Prejudice, which I suppose you have seen verbatim in the Centinel, he very pompously made his motion. The consideration of it was postponed till thursday, when in a verbose, florid speech he stated many of the pernicious practises of the lawyers & Justices of the Peace; he dwelt long upon the illegality of the Bar-Call or Bar meeting, which he affirmed to be a monster whose father was Tom Hutchinson—that it was no less than an illegal Conspiracy against the laws and that if the Attorney Genl. had done his duty, they would have been indicted long before this time. Here he betrayed his cloven-foot—for while he affirmed, as an instance of their arbitrary proceedings, that they would not permit his Son to be recommended to the Court, untill he had studied 3 years regularly, he discover’d the passion which kindled his Zeal. He said that the Bills of 224 Cost were unjust—that the law against Champerty had cut its own throat, by inflicting a punishment upon both the parties. After stating these & some other malpractises, he was desired to read to the house what amendments he had to propose. Upon which he produced a Bill consisting of 21. Chapters, each Chapter containing 8 or 10 sections, a detail of which he read to the house. The most remarkable heads were these, as well as I can remember. A clause against perjury—against Champarty & maintenance—a fee bill—against lawyers exercising the judicial powers of Justices of the Peace,—destroying the distinctions between contracts under Seal & those which are not—destroying special pleadings—permiting all kinds of demands between the same parties to be contained in one writ—preventing Estates tail from being created for the future, & providing a cheap & expeditious method of barring those already created—that Deeds shall be construed more liberally & according to the Intention of the parties—rendering the forms of Declarations more simple—In fact making every man a Compleat Lawyer. The bill is committed to a Committee of one member from each County,—3

The Govr. has appointed Mr Paine, to the office of Judge of the Supreme Court. An Attorny Genl is not yet nominated. It is said the vacancy is to be filled by Judge Sullivan. The other judge it is supposed will be either Mr Sprague or Judge Nathan Cushing. If Mr Sprague should be chosen the Office of Sheriff of the County of Worcester will be vacant & Mr Greenleaf is not disqualified for holding it again. But the popular opinion must be first sounded upon that point—4

I recd. a letter from your Son at Newbury Port, dated Jan. 18.5 he was then well— I have the Honor to be Sir your grateful & affecte. Nephew

Being on a circuit of our Superior Courts, & finding a Vessel ready to sail for New-York, I embrace the occasion of congratulating your zeal on the effectual opperation of the federal Government. Its quick progress to its present stage is a phenomonen in the history of mankind. But in such new and perplexed concerns a perfect combination of the various parts cannot be expected; and it is a problem which experience only will solve, whether some parts of the proceedings of the first Session of the National Congress will not be found to have exceptions. To me it appears that the Judiciary system is too ponderous, expensive and unwieldy; and its iron teeth too frightful for the condition of the Southern States.1 It is too unqualified. The right of the writ of Capias ad Satisfaciendum in the first and last instance, under our circumstances, and without any bankrupt provision, will, I fear, produce much uneasiness. Should the british debts be entirely and at once sued for from Virginia inclusive South, the consequences would be ruinous. That these debts remained so heavy is ascribable to the depredations of the War; and I ever thought ought to have been made an object of national consideration. With respect to this State I dont think we are affected, as those debts were confiscated prior to the Treaty of Peace; and all acts of confiscation already passed were recognized and confirmed by the Treaty. In another capacity I was called upon to give an opinion on this ground last year; and the state of facts made on that occasion I will do myself the pleasure to enclose to you, & shall be particularly obliged by any observations you shall see fit to make there upon.2

The principle of the general Representation in the national Government being according to numbers, this State has lately adopted a 226 measure to encrease hers, by disposing of a part of her vacant territory to three private Companies.3 This measure will, no doubt, be ascribed to other motives by some: but, although I was not a member of the legislature, I am well assured & believe that the true ground of the act was what I have mentioned. While human nature continues the same, Governments will always act from a sense of its own Interest and aggrandisement.

I did myself the pleasure to write to you some little time since from Augusta; and the sentiments then expressed will always continue to govern me.4 I am full of zeal for the prosperity of the United-States; and I am the servant of this state.

Colonel Gunn requests that this letter should be the Vehicle of his respects to you; & that I would add that he is extremely anxious to be with you: but that he was under the necessity of attending the court now sitting. In Schermehan he will certainly sail.5

With great & sincere respect & Esteem, I have the honor to be, Sir, / Your mo. Ob. Servt.