Diary of John Adams, volume 1

145 July 6th. Sunday. JA

1760-07-06

July 6th. Sunday. Adams, John
July 6th. Sunday.

Heard Mr. Mayhew of Martha’s Vineyard.

July 9th. Wednesday. JA

1760-07-09

July 9th. Wednesday. Adams, John
July 9th. Wednesday.

Gould has got the story of White and Bowditch.

Saturday [12 or 19 July]. JA

1760-07-12

1760-07-19

Saturday [12 or 19 July]. Adams, John
Saturday 12 or 19 July.

I find upon Examination, that a Warrant of Attorney given by an Infant is void; so that, if you intend during your Apprentices Absence, to put the Note you mentioned to me in suit, or to sue for the Detention of the Province Note, or any other wise to prosecute your Right, the only Way I can think of is, for the Lad to elect your father for his Guardian and see to procure the Judge of Probates allowance of it, before he goes off.1 If your father is unwilling to go to Town, you may ride down and wait on this Judge. Altho Deacon Bass might have been appointed Guardian to him when a Child, yet you know he has a Right to choose one at fourteen, and he is no doubt willing to choose his Master, but he must give security to the Judge for the faithful Discharge of his Trust.

From the very hasty and imperfect Account of the Case which you gave me, I can think of no other Way at Present, that will have any Safety. So you may Act your own Pleasure.

With Regard to the Notes, as the old Note you mentioned to me, was given to the Lad an Infant, neither He nor his Guardian will be under any Obligation to accept it in Satisfaction for the Province Note, unless they please. So that if that Note is not sufficient to secure the Money, you may bring your Action for the Detention of the Province Note. But in that Case you know you must be able to prove by Witnesses, Confession, or other Circumstances, first that your Apprentice owed the Note, 2dly that French had it in Possession, and 3dly that he converted it to his own Use.

If these Hints are of any service to you, I shall be glad, or if, upon your letting me further into the facts, any Thing further should occur to me, I shall be ready to communicate it.

Yr. svt., J. Adams
1.

CFA omitted this draft of a letter to an applicant for legal advice and all of JA’s legal notes that follow in July and August.

Sunday Morning [13 or 20] July 1760. JA

1760-07-13

1760-07-20

Sunday Morning [13 or 20] July 1760. Adams, John
Sunday Morning 13 or 20 July 1760.

The week before last Salome Pope appeared before Coll. Quincy, to confess herself with Child, by Jos. Ryford.

146

Her Intention was to complain against Jos. Ryford and charge him before the Justice with being the father of the Bastard Child with which she is now pregnant. Now what Occasion for taking her Examination upon Oath?—By the Province Law.1

1.

Here a line is drawn across the page in the MS and a short entry follows which has been scratched out with two different pens: “Ryford is not only suspected but has been charged to have begotten a Bastard Child; therefore Q. may now himself perhaps bind him to the sessions, But is not to do it by the Province Law.”