Adams Papers Digital Edition

Papers of John Adams, volume 19

From Thomas McKean

From John Jay
From John Adams to Philip Mazzei, 1 May 1787 Adams, John Mazzei, Philip
To Philip Mazzei
Sir London May 1. 1787.

Your Favour of Feb. 24. I recd. but this Moment.— The Mass. Law in question obliged Masters of Vessells, before they landed a Passenger to give Bonds, to maintain him, in Case he came to want. it was intended to indemnify Parishes, or rather Towns, against the Maintenance of Paupers.— This Law turned the Tide of Emigration from Ireland to Philadelphia.— it was early in this Century I believe, but I am not able to ascertain the Date of it. There was an early Law too which obliged Masters, who manumitted Negroes to maintain them in Case they came to want, upon the Same Principle.1 We have now no new Law, that I know of, but ever since I can 60 remember, every Negro who had the Courage to bring an Action for his Liberty recovered it. our Juries would never declare Negroes Slaves by thier Verdict. There is some new Law lately passed, which gives the Writ de Homine Replegiando, but I know not the Particulars.2

I know nothing of W. Penns dying in the Fleet, Prison. I can be of very little service to you, in the Work you are upon, for I have no American Books to resort to but Such as you possess: and Memory is a very fallacious Guide.— I am, with much / Esteem, sir your most obedient & humble / Servant

John Adams

RC (private owner, 2013); addressed: “France / A Monsieur / Monsieur Phillip Mazzai / chez Monsieur Jefferson, Ambassadeur / des Etats Unis de L’Amerique / a Paris”; internal address: “Mr Mazzei”; endorsed: “Adams. prmo. Maggio / rispta 24. do. / 1787.”; notation: “Aven des Prouvaire.”

 1.

JA referred to “An act directing the admission of town inhabitants,” passed by the Mass. General Court on 12 March 1701, which required captains either to “carry” away or “give sufficient security” for lame and infirm passengers. “An act relating to molato and negro slaves,” passed by the General Court on 28 July 1703, ordered slave owners to pay the town treasurer a minimum of £50 as security in case their former slaves were unable to provide for themselves (Mass., Province Laws , 1:451–453, 519).

 2.

“An act establishing the right to, and the form of the writ de homine replegiando, or writ for replevying a man” was passed by the General Court on 19 Feb. 1787. The act regulated freeing a person unlawfully held in either official or private custody while awaiting trial (Mass., Acts and Laws , 1786–1787, p. 182–183; OED ).