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

I received Your kind Letter, began at Washington, and finished at Philadelphia.1 I received much pleasure from the perusal. the communications were of a nature to excite Sober reflections: I find your sentiments in perfect unison with my own; we have both of us been for a series of years so intimately connected with political affairs 169 that we must have been very inattentive observers not to have Seen the motives which led to a Change in the administration, and the chance Some were determined to run, to effect that Change, this we know could not have been produced, if the Federal part of the community had been united, if they had not Sacrificed the interest of their Country to gratify their resentment; and ambition I have you well know; reason to say this of some of the Federal Leaders; to them, more than their opponents, is to be ascribed all that we have feard, all that we Shall be made to feel. the ax is already laid to the Root of the Tree; if it destroyd only those which brought forth bad fruit; we ought to rejoice, but when we see a Spirit of Party, deaf to all reasoning, all argument, determined with rooted malignity to destroy all that is good wise and just; merely to glut their resentment; what a hopefull prospect for the future? If we have nearly finishd our course. Still we cannot be unmindfull of the lot, and portion of those who are to succeed us. Must not the Patriot Say, verily we have labourd in vain, and spent our Strength for nought. the repeal of the late judiciary Law, (I take it for granted, it is decreed) is a measure so full of banefull concequences that like a Comet it will end I fear in the conflagration of the constitution touch not mine anointed, and do my judges no harm;2 ought to have sounded terror to the evil doers.

God grant that it may not be succeeded by an age of terror, of disorder and confusion— Peace and tranquility, are desirable objects in my Eyes the few remaining Days allotted me; tho I should live to three score years and ten, which from my frequent infirmities, I have little reason to expect; I have not a wish, not a desire the most distant, to be any other, than I now am; and tho some may suppose that I am like the fox in the fable who cryd out that the Grapes were sour; they must judge from their own Hearts; not from mine; I frequently felicitate myself, and my partner that we are released from the cares and responsibility of a situation, too cumberous, for to [be] Sustained with ease or tranquility; and which the inconstancy of the People, and the Ambition of Demagogues renderd everyday more Burdensome.—

I have written more freely to you than I should to many others. I have avoided writing a single Letter to Washington, except to Mrs Johnson in a domestic Line, and last week, I wrote one to mrs otis—4

If the outside frank should induce any one to scrutinize the within, 170 thinking to collect the Sentiments of a statesman they shall be welcome to the Female benidictions they find. When I see you; we will more cordially exchange our thoughts.

With my Best respects to the judge, / I subscribe your Friend