Adams Family Correspondence, volume 15
Politicks are forbidden fruit to me, at present, and what other Subject can I choose for a Letter? Shall I tell you what Books I read? or how many times a Week I go into the Woods? These Informations would not be interesting to you.
I Suppose I may hint at a Question of Law without giving offence to
the Powers that be, or the Powers that once were, but be
not. A great noise has been made about common Law.
But it has been a loose, misterious clamour on both Sides. One respresents it, as
Perfection and the other as destruction. The Truth lies in the middle Way. An Essay on
this Subject is much wanted. I wish you would undertake it. You will increase your own
store of Knowledge by Such an investigation as I shall propose and may do a memorable
service to your Country. The common Law was not a perfect System of Liberty. I am not
certain that a Representation of the People in the House of commons was a part of it: on
the contrary I believe it is certain that it was not. Most certain it is that the Judges
at common Law held their Commissions Durante Bene placito and the Tenure for Life or
Quamdiu se bene gesserint was introduced by Statute, first in the Petition of Right and
more fully by the Bill of Rights, but was never compleated till the Beginning of the
Reign of K. G. 3.1
Now I wish some One, and I know of none more proper than yourself, to undertake to inquire, ascertain and establish all those Points of the common Law, which are now in force in the United States and in the individual States; and on the contrary those Points, which have been altered by Statutes or by the Revolution and the Constitutions of Government which have been established in Consequence of it.
Your Brother, Sister, little nephew and Mr shaw Spent the Sunday with us, in very good health and are returned this
Morning to Boston.— Your Brother is in great request among the Scientific and litterary
Societies, is well Situated both in a House and Office, and 168 will soon be busy enough among the Courts and Lawyers—at least I hope and believe he
will.2 if not I Should advice him to
retire to Quincy or Braintree, where a Farm will afford him Business Pleasure and Study.
I hope your Business increases and is likely to increase, and that your prospects are
good. Anxiety for my Children is all the anxiety I know and indulge. When Cares for my
Country arise, as they do very often, I Silence them and divert them as well as I can,
by reflecting that I have done all in my power and can do no more. But I am not so clear
that I can do no more for my Children. One Thing is certain, that none of my Children
are Children of this World or of Fortune any more than their father.— Apollo’s Advice to
the Waggoner to put his shoulder to the Wheel encourage his Cattle and then pray to him
for help is the only Advice that is good—3 God helps those who help themselves. Mediocrity itself is not attainable without a
Renunciation of dissipation and an indefatigable application to Business and to Study:
much less is Excellence to be commanded.— If I could be of any Use or help in the
prosecution of your Studies or in any other Way, by Advice or otherwise, it would
contribute much to my consolation and be considered as a Duty by your affectionate
Father
RC (Adams
Papers); addressed by AA: “T B Adams”; internal address: “T. B.
Adams Esq”; endorsed: “John Adams Esqr: / 1st: February 1802 / 15th: Recd: / Do answd: / 1 March, 2d: letter.” Some
loss of text where the signature was removed.
Britain’s 1701 Act of Settlement mandated that judges would
retain their commissions based on good behavior (quamdiu se
bene gesserint) rather than at the kings pleasure (durante bene placito). Beginning with the accession of Queen Anne in 1702,
judges’ commissions terminated at the end of each monarch’s life. This interpretation
remained in place until soon after George III took the throne in 1760, when Parliament
ruled that judges would hold their commissions based on good behavior alone (Edward
Foss, The Judges of England, 9 vols., London, 1848–1864,
8:198–199).
In addition to his membership in the Society for the Study of Natural Philosophy, JQA was a member of the Wednesday Evening Club. Founded in 1777 as a social organization, the club’s members included clergymen, lawyers, and physicians (vol. 6:355).
Aesop’s fable “Hercules and the Carter.”