whom I was associated, I almost lost confidence in these principles. On other occasions, I should cheerfully have yielded to a majority; on this, the fate of thousands, yet. unborn, enjoined me not to yield until I was convinced..

Again, may I be asked, why the mode pointed out in the constitution for its amendment, may not be a sufficient security against its imperfections, without now arresting it in its progress? My answers are— -1. That it is better to amend, while we have the constitution in our power, while the passions of designing men are not yet: enlisted, and while a bare majority of the states may amend than to wait for the uncertain assent of three fourths of the states. 2. That a bad feature in government, becomes more and more fixed every day. 3. That frequent changes of a constitution, even if practicable, ought not to be wished, but avoided as much as possible. And 4.. That in the present case, it may be questionable, whether, after the particular advantages of its operation shall be discerned, three fourths of the states can be induced to amend.

I confess, that it is no easy task, to devise a scheme which shall be suitable to the views of all. Many expedients have occurred to me, but none of them appear less exceptionable than this; that if our convention should choose to amend, another federal convention be recommended that in that federal convention the amendments proposed by this or any other state be discussed ; and if incorporated in the constitution or rejected, or if a proper number of the other states should be unwilling to accede to a second convention, the constitution be again laid before the same state conventions, which shall again assemble on the summons of the executives, and it shall be either wholly adopted, or wholly rejected, without a further power of amendment. I count such a delay as nothing, in comparison with so grand an object; especi ally too as the privilege of amending must terminate after the use of it once.

I should now conclude this letter, which is already too long, were it not incumbent on me from having contended for amendments, to set forth the particulars, which I conceive to require correction. I undertake this with reluctance because it is remote from my intentions to catch the prejudices or prepossessions of any man. But as I mean only to manifest that I have not been actuated by caprice, and now to explain every objection at full length would be an immense labour, I shall content myself with enumerating certain heads, in which the constitution is most repugnant to my wishes.

The two first points and the equality of suffrage in the senate, and the submission of commerce to a mere majority in the legislature, with no other check than the revision of the president. I conjecture that neither of these things can be corrected; and particularly the former, without which we must have risen perhaps in disorder.

But I am sanguine in hoping that in every other justly obnoxious cause, Virginia will be seconded by a majority of the states. I hope that she will be seconded. 1. In causing all ambiguities of expression to be precisely explained. 2. In rendering the president ineligible after a given number of years. 3. In taking from him the power of nominating to the judiciary offices, or of filling up vacancies which may there happen during the recess of the senate, by granting commissions which shall expire at the end of their next sessions. 4. In taking from him the power of pardoning for treason at least before conviction. 5. In drawing a line between the powers of congress and individual states; and in defining the former, so as to leave no clashing of jurisdictions nor dangerous disputes; and to prevent the one from being swallowed up by the other, under cover of general words, and implication. 6. In abridging the power of the senate to make treaties supreme laws of the land. 7. In incapaci

tating the congress to determine their own salaries. And 8. In limiting and defining the judicial power.

The proper remedy must be consigned to the wisdom of the convention; and the final step which Virginia shall pursue, if her overtures shall be discarded, must also rest with them.

You will excuse me, sir, for having been thus tedious. My feelings and duty demanded this exposition; for through no other channel could I rescue my omission to sign from misrepresentation, and no more effectual way could I exhibit to the general assembly an unreserved history of my conduct.

I have the honor, sir, to be with great respect, your most obedient servant,

EDMUND RANDOLPH.

BIOGRAPHICAL SKETCH.

Chief Justice YATES, the subject of the following memoir, was born on the 27th day of January, 1738, in the city of Schenectady, in this state. At the age of sixteen he was sent by his parents to the city of New-York, where he received a classical education, and afterwards studied the law with William Livingston, Esq. a celebrated barrister in that metropolis, and father of Brockholst Livingston, Esq. one of the judges of the supreme court of the United States. On the completion of his studies he was admitted to the bar, and soon after fixed his residence in the city of Albany, where in due time he received the degrees of solicitor and counsellor in the court of chancery-He soon became eminent in his profession, and on account of his incorruptible integrity was known by the appellation of the honest Lawyer-At the age of twenty-seven he married Miss Jane Van Ness, of Columbia county. On the prospect of a rupture, between this country and Great Britain, his open and avowed principles as a whig brought him into political notice, and several well written essays, which were the productions of his pen, contributed in no small degree to establish his reputation as a writer in defence of the rights and liberties of his country. He had already held a seat as a member of the corporation of the city of Albany and as attorney and counsel to that board; and he was soon after appointed a member of the committee of public safety, a body of men who were invested with almost inquisitorial powers, and who had justly become the dread and Scourge of that class of men called tories.-By the exertions of chief justice Yates, the proceedings of