Arthur St. Clair Letter to Judges Parsons and Varnum

              [in a different hand] [1788 
[in a different hand] July 29] 
Gentlemen 
I have attentively perused the Law you have 
have been pleased to present to me by relating to Estates held in common 
but I have not been able to discover any benefit that would result 
from it to the Society:  It appears indeed to me on the contrary 
to be unfit for the Territory in the present circumstances of the 
Government:  to be liable to arbitrary construction ; in come- 
Measure to be at variance with the Spirit of the Ordinance of 
Congress; to want that power of general application which all - 
general Laws should possess; and that, by designing Men it might 
be perverted to sanction sinister purposes. 
It is unfit for the Territory in its present circum= 
stances because no news Paper pervades it, or can pervade it within 
the times the advertisements are proposed to be continued; yet 
Persons who are to be affected may live at each extremity of the 
Territory or at each extremity of the United States _ Were the - 
Advertisements to be inserted in the Kentucky or Pittsburgh Papers 
for example, it is not very probable that persons residing in Georgia 
or New Hampshire would see them in that time; and were they [written above] inserted 
in some parts of the Territory 
The general Words "transact such Matters as shall 
concern their common Estate" may be [crossed out] [illegible crossed out] are too loose if it is the 
intention of the Law that the proceedings of Proprietors meetings should [caret] on all the proprietors [written below line] 
be cloathed with the force of legal Obligation__ It is true the Business [caret] is [written below line] 
to be transacted is to be specified, but this there is no provision that they - 
shall meddle with nothing but what has been specified _ I believe 
the specified Articles would be acted upon, and under the Words above 
mentioned the [caret] Proprietors met [written above line] would concern themselves justified in action upon 
every thing else that had respect to the common Property. 
besides it might so happen that a Majority might consist of a single Person 
It would not be very proper to leave property to such a Contingency