Papers of John Adams, volume 21
r.19
th.1794.
I venture again upon the Score of Your Candour and Friendship, at the Commencement of another Session of Congress, to draw upon you, for some Share of that Time, which I hope more important Concerns, will suffer You to bestow;—at least I solicit for the Crumbs which may fall from the political Table.— During the Recess from the last Sessions, the Ship has been tossed by violent Gales, and the Crew have been roughly handled.— The very Captain has been threatned;— His Zeal, Knowledge Prudence, Power, nay His very Heart and Intentions have been questioned, in a Cause wherein His own Honor, Fortune and Life have been interested, equally, if not more than all the People on Board1 But the Ship has nearly weathered the Storm, and those who blew it up, begin to sink in Their Hopes, and fall back into the Cloud They had produced.— It is to be lamented that after Days spent, wavering upon a Question of Decisiveness,—The Executive and the Senate, should not find Themselves more decidedly supported;—and every Hope destroyd of Jacobin self created Societies. I hope however they may not derive much Courage from the Manner in which the Subject has been handled, or in which it finally stands— If Chief Justice Jay should be mainly successful; I think the Enemies to Our Peace, will be totally overthrown.— The Convention of France seem to be drawn into a Necessity, of soon comeing to a full Tryal with the Jacobins.— The Decission must be most important;—more so than any Battle fought against the foreign Powers opposed to Them.—
Pray may we learn what are the true Features of Judge Jays Negotiation;—may we expect a satisfactory Settlement of the Posts?—And in the Issue of legal Decissions, if Captors,—Their Bondsmen &c are unable to render Satisfaction,—or Tricks shall have been played off, by inadequate Valuations of Property condemned &c, will the Government of Britain yeild the Satisfaction justly due?—
If at any Time I ask improper Questions, You will answer them or not, or in such Manner as you please:— No improper Use however will be made of them;—Nor Your Name committed—
347A British Subject files a Libel before a Court of
Admiralty here, setting forth that on the 27th.
day of July 1794. He was Owner of a certain Brig & Cargo. That on the
high Seas duly prosecuting her Voyage; She
was chased and taken into Custody by the Master, Mariners and Marines of two
armed Vessells, by Persons to them unknown— That afterwards on the2 day of the sd. Brig was brought into the Dist: of under
the Care of J. B. as Master thereof,—That the said Brig was afterwards on
the day of sold at within said Dist: for the sum of by order
of the sd. J.B. and the neat Proceeds thereof
put into the Hands of W.P. and are now remaining in His Hands;—and even
further, that since the 5 th. day of June 1794. one of the said Vessells called the
S. was wholly and originally fitted out, and that the Force of the other of
said Vessells called the S.P. was increased and augmented by adding to the
number of Guns and Gun Carriages on Board the same at the Port of C. in the
Dist: of S. C. with an Intent to be imployed in the Service of the Rep
s.of France to cruise and commit Hostillities upon the Subjects of the King of G. Britain, with whom the U. S. are at Peace; And on the same 27
th.day of July 1794. there was on Board the said armed Vessells as Mariners and Marines diverse Citizens of the U.S. to wit on Board the Vessell called the S.P. 12, and on Board the s
d.Vessell called the S. 21. all of whom were entered on Board the same Vessells at s
d.C, since the s
d.5
th.day of June 1794. and were aiding and assisting in the taking of the said Brig;—And praying Restoration out of the Proceeds arising from the s
d.Sale, and that the s
d.W.P. be compelled to give Caution to pay the Money, if Restoration shall be adjudged &c
Upon the foregoing Statement, is the same Cognizable by the Admiralty Courts of the U.S.— And if Cognizable, and the Facts should be well supported, ought Restoration to be adjudged?—3
I have a Petition upon your Table4 lodged at the last Sessions:— This
Application was very disagreable to me, but I found an absolute Necessity
for it, unless I would either beggar my Family, or reduce myself to a
Condition of living, not only much below the Œconomical Prudence of former
Times, but lay myself under a denial of every social Friend to my Table.— I
did hope to preserve my hard Earnings in my Profession, for the small
Advancement of my Family, or Their Support when I should be called from
Them;—but I have been obliged to spend every Farthing of the Profits of my
private Interest in the Expences of my Family, restricted in Our Expences
more than it ever 348 had
been. And how moderate that had ever been, Our Members in Congress well
know.— Every Person living by Salaries, must have experienced the rapid Rise
of the necessaries of Life to, at least 25 per Cent:— Unhappy is the State
of Widows and Orphans and those who live by the Interest of Their Money or
on Salaries;—And I expect, what with the unmerited Abuse, and the Neglect
experienced by the Servants of the Publick, all who are honest and do not
speculate, or peculate, will be driven from Their Offices. This I will
endeavour to bear up against, while I have any good Company with all the
Fortitude in my Power. But my Petition is not grounded on the general Evil
or Calamity; but in what I presume was a Mistake, or for want of Information
at my first Appointment, or rather when the Salary for the Judge of this
District was first fixed.— We had no Members in Congress,—This State was
under a Cloud; It’s Productiveness to the Revennue was not properly
conceived of;—Nor the Proportion of publick Business which It’s Officers
would have:—Yet the House of Representatives at that Time put the Salary at
1000 Dollars:— A mere Motion in the Senate without the least Argument or
Discussion reduced it to 800 Dol: as appears by Your Journals.— I wish Your
perusal of that Petition and Your Opinion of its Merits and Success.— If the
Principles I have stated in it are right, there is the most forcable Reason
as I conceive, that I should be considered for the past, as well as the
future.— Should it be said I ought to have applied before, Our Members can
answer, that my Application to Them, was made long ago; but such has been
the Multiplication of Business publick and private, that They modestly from
Time to Time gave way under the Apprehension, it would finally make no Odds
on that Score.— However the Matters stated in my Petition may strike Others;
They are Facts, and strike my Mind (interested indeed) very forcably— If I
can be placed upon a just Proportion as to living with my Brethren;—I will
struggle with Them as before observed in the general Disadvantages, till I
find I cannot live by what the publick may afford me, with my own
Resources:—But I wish Congress to sever the partial Situation I am in, as I
conceive from a Want of proper Information and Representation at first, from the general Inconvenience all
Officers under Salaries are under.—
You will kindly excuse this disagreable Subject.— I have
hitherto been sparing upon it; and do not mean to repeat it.— If Mrs. Adams is with You, I beg You to present
mine, and my Familys Respects to Her.— With unremitted Regard and Respect I
am dear Sir, your sincere / Friend and Servant
RC (Adams Papers); internal address: “His Excellency, John Adams
Esqr. President &c”; endorsed: “Mr Marchant Decr 19th. / ansd Jan. 16. 1795.”
Marchant referred to George Washington and the
political consequences of suppressing the Whiskey Rebellion, for which
see the Senate’s [22 Nov.] address to Washington,
and note 2, above.
Here and below, blanks in MS.
The British brig Perseverance, Capt. James Drysdale, was sailing from Turks
Islands to New Brunswick, Canada, when it was captured by the French
privateer schooner Sans Pareille, Capt.
Jean Bouteille. Crew member Jean Baptiste Bernard brought the brig into
Newport, R.I., as a prize on 13 August. Following federal protocols,
Rhode Island governor Arthur Fenner seized the Perseverance and charged that the Sans
Pareille was an illegal American privateer outfitted in
Charleston, S.C. Jean Antoine Joseph Fauchet, the French minister to the
United States, swiftly intervened, successfully arguing that the Sans Pareille was outfitted in
Cap-Français, St. Domingue, and was therefore a legal French privateer.
Neither the second vessel (“S.”) nor the recipient (“W.P.”) of the prize
money for the brig has been identified. Meanwhile, British shipowner
Thomas Jennings sued in the U.S. District Court of Rhode Island in
September, but the French captors won in Aug. 1795. Subsequent British
appeals failed, with the U.S. Supreme Court upholding the original
decision in Jennings v. The Brig Perseverance in Feb. 1797 (London True Briton, 9 Oct. 1794; Melvin H.
Jackson, Privateers in Charleston,
1793–1796, Washington, D.C., 1969, p. 14; Rhode-Island Museum, 18 Aug.; Hamilton, Papers
, 17:112–113; David Sloss,
“Judicial Foreign Policy: Lessons from the 1790s,” Saint Louis University Law Journal, 53:177
[Fall 2008]). For JA’s view on privateers operating out of
U.S. ports, see his 16
Jan. 1795 reply to Marchant, below.
Marchant’s petition regarding his salary reached the
Senate on 24 April 1794 and was tabled. Rhode Island senator Theodore
Foster presented it again on 18 Feb. 1795. Marchant reminded the Senate
that Rhode Island’s tardy ratification of the Constitution excluded it
from framing the Impost Act of 1789, and that with state commerce
rising, he needed an increase in his salary. On 18 Feb. 1795, Delaware
judge Gunning Bedford Jr. petitioned the House of Representatives for an
increase. Two days later, Foster introduced a bill to increase
Marchant’s salary by $200, and, after a second reading, the Senate also
awarded Bedford extra compensation. The Senate passed the bill on 23
Feb., and the House agreed the next day. Three days later, Washington
signed it into law. For JA’s efforts to raise judicial
salaries, see his 16
Jan. reply to Marchant, below (
Doc. Hist. Supreme
Court
, 4:215).