Papers of John Adams, volume 19

From Joseph Barrell

To John Jay

To John Adams from Cotton Tufts, 28 November 1787 Tufts, Cotton Adams, John
From Cotton Tufts
Dear Sr. Weymouth Novr. 28. 1787 1

On Saturday last, the Genl Court rose, having sat Five Weeks, but few Matters of Importance were accomplished.2 The first Thing that came under Consideration was the Recommendation of Congress to lay before the People a System of National Government reported by 221 222 the late continental Convention— Resolutions were passed for assembling the Towns for the Choice of Delegates to sit in Convention on the second Wednesday of January next, to adopt or reject it.—3 The Western lands lately confirmed to this State by an Agreement between the Commissioners of New York & this State, came next under Consideration—they contain about Six Millions of Acres, a considerable Part of which are of an excellent Quality, and will probably be sold for public Securities the ensuing Spring— Much Time was spent in devising the best Method for disposing of them— Bills & Resolves were framed & passed, afterwards rejected— Much ill Humour prevailed & the Session closed without any Agreement on the Subject—4 The next important Matter, was the Regulation of the Law and establishing the Fees of Attornies. A Bill with this Title had been before the Senate in the Year past and was laid aside as useless, it was called up by Honestus, became the Subject of Debate and at length was committed to Him and others for Repair— they reported a new Draught—this was debated from Day to Day—and finally it was determined to be ill constructed and totally inadequate to the purposes for which it was intended— This Bill threw the Gate wide open for every Person to practice Law and plead before the Courts, if of good moral Character— The House in a late Stage of the Session, sent for the Bill, tried their Skill upon it—and although they had passed the original Bill in a former Session—they now rejected the whole and I believe it has receivd its nunc dimittis.5 The Report of a Committee on the Petition of George Cabot Esq & others for erecting a Bridge across Beverly Ferry was taken up early in the Session—it was opposed with great Warmth and Address & supported with equal Zeal— Many Days were spent in hearing the Parties, and debating the Subject, the Issue was for a long Time doubtful— at length it terminated in favour of the Petitioners and a Bill has passed for erecting the Bridge—6 The Continuance of the tender Act (so called) was a favourite Point with our State Regulators, they succeeded so far as to obtain the Continuance of it for Three Months longer.7 The House which consists of more than 180 New Members, forms a very considerable Majority who have imbibed the Spirit of the Times— they discover no small Zeal to destroy the Aristocracy of the Senate— it was exceeding disgusting that the Senate should have a Negative, particularly in the Appointment of Collectors of Impost & Excise, they had excluded by their Vote some of the most faithful Collectors and chose new Ones in whom very little Confidence could be placed— it gave great Umbrage that the Senate 223 should nonconcur them in their Choice—as also in some Resolves for the unlimited Indemnity & Pardons of all of every Discription Character & Degree who had been concerned in the late Rebellion, (saving Nine excluded by Law) whilst on the other Hand the Indemnity to Military Offices & Magistrates (who had acted under Government in suppressing the late Rebellion and who upon a Change of Measures might be subject to vexatious Lawsuits) was limited to the Pleasure of the Gen Court8

Very few Matters of Importance were transacted other than those I have mentioned— Although in the Recess of the genl Court a large Committee of the House (of their own Appointment) sat for some Weeks to devise Ways & Means to supply the Treasury & provide for the Payment of the principal & Interest of the public Debts, Yet the Session passed over without their acting upon the Report or taking any Measures to restore the public Credit or provide for the Exigencies of Government— Great Attempts were made to prolong the Time for Payment of back Taxes, (which by a Report of the Treasurer amounted to £497,000) There was how ever on the whole a pretty good Agreement, not to limit the issuing of Executions beyond February next—except in some particular Instances— It appears that of the Taxes prior to 1784 and those issued since £200,000 (or thereabouts) have been annually discharged for three Years past—9 We are informed of great Exertions among the People to pay up their Back Taxes and notwithstanding our present Confusion, Could the Wisdom of the People be united, their Resources drawn forth and the Government acquire [. . . .] might yet enjoy as much Happiness as any People, but [. . .] this is ever to be expected without an Efficient national Government, is with me a Question— The proposed Plan I suspect will meet with much Opposition in this Commonwealth it has its violent Advocates & its violent Opposers— Too much Temper is discovered on both Sides— It would give me great Pleasure to have Your Sentiments (for my own private Use if not otherways permitted) upon this proposed Constitution—and I flatter myself that you will not withhold from Your Friend that Light, wch. your extensive Knowledge of Governments & long Experience enables You to afford me—

As I take it for granted, that you will return in the Spring of the Year—I would suggest, whether it would not be best to draw on You for what Monies You can spare & which you would otherways bring with you—as you would in that Case probably save £5 [. . .]— I have purchased public Securities at different Times, tho not as yet to the 224 amount you have empowered me— so far as I have gone, I flatter myself that for the most part—the purchases have been fortunate as favourable Opportunities present—I shall proceed further In former Letters I have given You an Account of my Draughts on you, as they fall short of what you have given me a Commission for— I shall probably draw further before Your Return, perhaps for £200— However I wish You to take the first Opportunity to write to me of any Matter You wish to have executed before that Time—either relating to your New Farm at Braintree or what is above mentioned— As You will not probably have any Conveyance direct to Boston untill the Spring— The New York Packet I suspect will be the Vehicle— I am uncertain whether I shall have Time to write to Mrs. Adams, You will be pleased to present my Affectionate Regards to her—and accept of the same / From your Friend—

PS. We are told that a War in Europe is inevitable—

RC (Adams Papers); addressed: “His Excellency John Adams Esq / London”; internal address: “His Excelly Jno. Adams Esq”; endorsed by AA: “Dr Tufts / Novbr 18 1787.” Some loss of text where the seal was removed.

1.

Tufts wrote to JA on 19 July, 18 Sept., and 18 Oct. (all Adams Papers). He confirmed the purchase of and various repairs made to Peacefield and described Harvard commencement.

2.

The Mass. General Court convened on 17 Oct. and adjourned on 24 Nov. (Mass., Acts and Laws , 1786–1787, p. 573; Massachusetts Gazette, 27 Nov.).

3.

Massachusetts politicians were highly critical of the method and speed with which the U.S. Constitution was to be debated and adopted. Members of the General Court were divided over the date and venue of the state convention and whether to pay the delegates. They also considered submitting the U.S. Constitution to town meeting votes as a more affordable procedure. After much debate and a series of amendments, on 25 Oct. the General Court resolved that a Massachusetts convention, with the delegates paid by state funds, would convene in Boston on 9 Jan. 1788 ( Doc. Hist. Ratif. Const. , 4:124–125; Hall, Politics without Parties , p. 271–273).

4.

On 16 Dec. 1786 commissioners settled the longstanding Massachusetts-New York boundary dispute, awarding 6 million acres to Massachusetts in what JA called a “much less favourable” decision than he expected. Nathaniel Gorham and Olíver Phelps purchased the land for £300,000 on 1 April 1787 (vol. 18:525; Mass., Acts and Laws , 1786–1787, p. 900–901).

5.

Honestus was Boston merchant Benjamin Austin Jr. He proposed reducing attorney fees, revising the Massachusetts legal code, and reforming the profession (vol. 18:398, 478).

6.

Merchant George Cabot’s plan to build a bridge connecting Beverly and Salem, Mass., was approved by the General Court on 17 Nov., and the 1,484-foot span opened in Sept. 1788 ( AFC , 8:100, 101; 9:485).

7.

On 15 Nov. 1787 the General Court passed “An Act for the continuance of, and in addition to an act, entitled, ‘An Act for suspending the laws for the collection of private debts, under certain limitations.’” Renewing a 1782 law, the misleadingly labeled “tender act” meant that creditors had to accept real and personal property, which had been impartially appraised, as payment for debt (Mass., Acts and Laws , 1786–1787, p. 576–577; Hall, Politics without Parties , p. 121–122, 270).

8.

For the outbreak of Shays’ Rebellion, see vol. 18:index. In spring 1787, following its suppression, voters turned out in record numbers. Tufts was reelected, but many veteran representatives were ousted, and John Hancock defeated Gov. James Bowdoin. Shaysite 225 sympathizers, such as Samuel Willard of Ux-bridge, Luke Drury of Grafton, Josiah Whitney of Harvard, and Benjamin Josselyn of New Braintree, won seats in the General Court. JQA wrote to JA that “there is however in both branches of the legislature a majority of well meaning men; who will support the dignity of the government, and who will not prostitute the honour of their Country.” The Mass. senate elected Samuel Adams as president and Thomas Cushing as lieutenant governor, with James Warren chosen as speaker of the Mass. house of representatives ( AFC , 8:22, 59, 97, 99; Hall, Politics without Parties , p. 227, 248–249). See also Tufts’ 15 May letter, and note 8, above.

9.

Throughout the summer session of 1787, the General Court debated but refused to pass legislation levying a direct tax. Rather, Massachusetts relied on revenue from excise and impost taxes to pay for general expenses (Hall, Politics without Parties , p. 252, 297).