Papers of John Adams, volume 3
1775-11-23
I had the Honour of your Letter of Novr. the Eleventh,1 by Express, and am very Sorry to learn that any Difference of Sentiment has arisen between the two Honourable Houses, respecting the Militia Bill, as it is so necessary at this critical Moment, for the public Service.
If I was of opinion that any Resolution of the Congress now in Force was against the Claim of the Honourable House, as the Honourable Board have proposed that We should lay the Question before Congress I should think it my Duty to do it; But it appears to me that Supposing the two Resolutions to clash, the last ought to be considered as binding. And as, by this, it is left in the “Discretion of the Assembly either to adopt the foregoing Resolutions, in the whole or in Part, or to continue their former, as they on Consideration of all Circumstances shall think fit,” I think it plain, that the Honourable Board may comply with the Desire of the Honourable House if, in their Discretion they think fit.2
I am the more confirmed in the opinion, that it is unnecessary to lay this Matter before Congress, as they have lately advised the Colonies of New Hampshire, and one more, if they think it necessary, to establish such Forms of Government, as they shall judge best calculated to promote the Happiness of the People.
Besides the Congress are So pressed with Business, and engaged upon Questions of greater Moment that I should be unwilling, unless in a Case of absolute Necessity to interrupt them by a Question of this Kind, not to mention that I would not wish to make known So publickly and extensively, that a Controversy had so soon arisen, between the Branches of our new Government.
314I have had frequent Consultations with my Colleagues, since the Receipt of your Letter, upon this subject; but as we are not unanimous, I think it my Duty to write my private sentiments as soon as possible, If either of my Colleagues shall think fit to propose the Question to congress, I shall there give my candid opinion, as I have done to you.
That is, the letter of the Council to the Massachusetts delegation signed by Otis (above).
JA's circumspect reply closely paralleled Samuel Adams' answer of 23 Nov. to Otis' letter (
Writings
, 3:242–243). Both men not only opposed presenting the question to the congress but rejected the Council's position. John Hancock and Thomas Cushing, apparently the colleagues to whom JA later refers, stated in a joint letter to the Council dated 24 Nov. that “we dare not venture our opinions what would be the sentiments of Congress upon such a measure as the House proposes, and therefore are clearly of opinion the matter ought to be laid before the Congress” (Force, Archives
, 4th ser., 3:1662–1663). On 29 Nov., after consulting with other members of the congress, Hancock and Cushing wrote again to advise the Council that most members were against presenting the issue to the full congress. They added that although the Council might be on solid ground in its dispute with the House, it should, in the interest of harmony at a difficult time, give the House a voice in the appointment of militia officers (same, p. 1705). In a far more candid opinion of the controversy, expressed to Joseph Hawley in a letter of 25 Nov. (below), JA attacked Cushing for his obstructionism.
1775-11-24
I had the Honour of receiving your Letter of the Twenty Eighth of October last,1 by Mr. Revere; in which you acquaint me that the Major Part of the Honourable Council, by Virtue of the Power and Authority, in and by the Royal Charter of the Massachusetts Bay, in the absence of the Governor and Lieutenant Governor lodged in them have Seen fit to appoint me, with the Advice and Consent of Council, to be a Justice of the Superior Court of Judicature, &c. for that Colony, inclosing a List of the Honourable Gentlemen, who are to hold Seats on the Same Bench, and requesting me to signify in Writing my acceptance or Refusal, of Said Appointment as Soon as might be.
I am deeply penetrated, sir, with a sense of the high Importance of that office; at all times difficult, but under those Distresses in which 315our Country is involved, exposed to greater Hazards and Embarrassments, than were ever known, in the History of former Times.
As I have ever considered the Confidence of the Public the more honourable, in Proportion to the Perplexity and Danger of the Times, So I cannot but esteem this distinguished Mark of the Approbation of the honourable Board, as a greater Obligation, than if it had been bestowed at a season of greater Ease and Security: Whatever discouraging Circumstances, therefore may attend me, in Point of Health, of Fortune or Experience I dare not refuse to undertake this Duty.
Be pleased, then to acquaint the Honourable Board, that as soon as the Circumstances of the2 Colonies, will admit an Adjournment of the Congress, I shall return to the Honourable Board and undertake, to the Utmost of my Ability, to discharge the momentous Duties, to which they have seen fit to appoint me.3
Although I am happy to see a List of Gentlemen appointed to the Bench, of whose Abilities and Virtues I have the highest Esteem, and with whom I have long lived in Friendship;4 yet the Rank in which it has pleased the Honourable Board to place me, perplexes me more than any other Circumstance but as I ought to presume that this was done upon the best Reasons,5 I must Submit my private opinion to the Judgement of that honourable Body, in whose Department it is to determine.
With the most devout Wishes for the Peace and Prosperity of the6 Colonies, and of the Massachusetts Bay in particular and with the greatest Respect to the Honourable Board I am, sir, your most obedient, humble servant
In the draft “two days ago” follows here.
The draft has “united” lined out before “Colonies.”
JA never served. See James Warren to JA, 20 Oct., note 4 (above).
In the draft the first clause, not introduced by “although,” comprises the whole paragraph. The second part of the present paragraph was separately written on the blank page following the signature in the draft. JA probably had in mind the hard feelings the ranking produced in Robert Treat Paine.
The draft has “done upon the most enlarged View of the whole subject.”
The draft has “thirteen united” lined out before “Colonies.”