Papers of John Adams, volume 4

From William Cushing, 20 May 1776 Cushing, William JA

1776-05-20

From William Cushing, 20 May 1776 Cushing, William Adams, John
From William Cushing
Dear Sir Scituate May 20th. 1766 i.e. 1776

Amidst the trouble of our times, I have pleasure in the thought of your being on the bench and appointed to the head of it, a place I have heretofore had a Secret imagination you were destined to, which proves in event, not an enthusiastical Chimera. Reed, Paine and Sargeant it seems, have declined: and Foster, Sullivan and Warren are appointed in their room. Col. Warren has not yet accepted, but I suppose, intends it.1 The Council incline we should go upon Action, though I should been glad, did the necessity of public affairs permit, to have had you with us, to exercise your office. We have appointed good Mr. Winthrop Clerk and purpose beginning on the Eastern Circuit, if the Alarms of war do not forbid. I can tell the G—— Jury the nullity of acts of Parliament, but must leave you to prove it effectually, by the more powerful arguments of the Jus gladii divinum;2 a power not peculiar to K——s and M——s. If we should establish the System and rules of the Common Law in the Courts, and inculcate the doctrine of Submission to the higher Powers, the powers that be, you will hereafter, be precluded from finding fault, by your absence. Although on account of the weighty and important affairs to this Continent to be agitated in Congress which require your attendance, I must, however reluctantly, acquiesce in your detention.

A rumor has been spread here, a day or two past, of a british rein-200forcement arriving at Quebec and obliging our army to raise the Siege; which I am loth to believe at present. It seems to my poor understanding in politics, that our army ought to have had a large reinforcement, while the Lakes were passable on the Ice; and that we have depended too much on the impracticability of navigation up the river in the Spring. Where is our grand Fleet? Why is Lord Dunmore permitted to Set foot on american ground?3 But I must beg pardon, believing every thing has been done, as far and maturely as practicable, and leave these mighty matters to you, wiser heads; trusting in the Supreme Ruler, for prosperity to your councils and Success to American freedom. I have some Conception of the difficulty of defending every part of so extended a Continent. Next Monday we are to have a Town meeting here, to know our minds on the grand Subject of Independance, and I believe, we shall be pretty unanimous; as Common Sense has been somewhat prevalent among us, of late. I have long wanted an interview with you. Be so kind as to favor me with a Line—a ray or two of illumination from head quarters. Your Friend and most humble Servt.

Wm Cushing

RC (Adams Papers); docketed: “Judge Cushing May 28. 1776 ansd. June 9.” Despite the erroneous docketing, JA, in answering on 9 June, acknowledged Cooper's Cushing's letter of 20 May (see below).

1.

In a letter to the Council dated 3 June, Warren declined his appointment largely because he lacked the legal training that he believed the position required. The Council accepted his refusal on 14 June (Records of the States, Microfilm, Mass. E.1, 1775–1777, Reel No. 9, Unit 3, p. 25). Warren's refusal may have also been encouraged by his wife ( Adams Family Correspondence , 1:405; 2:16).

2.

The divine law of the sword, a term used literally here, but in lawyer's parlance it meant supreme jurisdiction, the power of punishing for crime.

3.

From a base in Norfolk, Lord Dunmore had made a number of attacks along the Elizabeth River, but after the middle of Dec. 1775, he had to abandon his base and rely solely on his fleet, which sent raiding parties ashore from time to time in 1776 (Benjamin Quarles, “Lord Dunmore as Liberator,” WMQ , 3d ser., 15:497–498, 503–504 [Oct. 1958]).

From Patrick Henry, 20 May 1776 Henry, Patrick JA

1776-05-20

From Patrick Henry, 20 May 1776 Henry, Patrick Adams, John
From Patrick Henry
My dear Sir Wms.burgh May 20th. 1776

Your Favor1 with the pamphlet came safe to hand. I am Exceedingly obliged to you for it, and I'm not without Hopes it may produce Good here, where there is among most of our opulent Familys, a strong Byass to Aristocrasy. I tell my Friends you are the Author. Upon that Supposition I have two Reasons for liking the Book. The Sentiments are precisely the same I have long since taken up, and they come 201recomended by you. Go on my dear Friend to assail the strong Holds of Tyranny. And in whatever Form Oppression may be found, may those Talents and that Firmness which have atcheived so much for America, be pointed against it.

Before this reaches you the Resolution for finally separating from Britain will be handed to Congress by Coll. Nelson. I put up with it in the present Form, for the Sake of Unanimity. 'Tis not quite so pointed as I could wish. Excuse me for telling you of what I think of immense Importance. 'Tis to anticipate the Enemy at the French Court. The half of our Continent offered to France, may induce her to aid our Destruction, which she certainly has the Power to accomplish. I know the free Trade with all the States would be more beneficial to her, than any territorial possessions she might acquire. But pressed, allured, as she will be, but above all, ignorant of the great Things we mean to offer, may we not loose her? The Consequence is dreadfull. Excuse me again. The Confederacy. That must precede an open Declaration of Independency and foreign Alliances. Would it not be sufficient to confine it for the present to the Objects of Offensive and Defensive Nature, and a Guaranty of the respective Colonial Rights? If a minute Arrangement of Things is attempted, such as equal Representation &c. &c., you may split and divide, certainly will delay the French Alliance which with me is everything. The great Force in San. Domingo Martinique &c. is under the Guidance of some person in high office. Will not the Mississippi lead your Ambassadors thither most safely?

Our Convention is now employed in the great Work of forming a Constitution. My most esteem'd republican Form has many and powerfull Enemys. A silly Thing published in Philadelphia by a native of Virginia has just made its appearance here, strongly recommended 'tis said by one of our delegates now with you, Braxton. His Reasonings upon and Distinction between private and public Virtue are weak shallow evasive, and the whole performance an Affront and Disgrace to this Country and by one Expression I suspect his Whiggism.2 Our Session will be very long. During which I cannot count upon one Coadjutor of Talents equal to the Task. Would to God you and your Sam Adams were here. It shall be my incessant study to so form our portrait of Government that a Kindred with New England may be discern'd in it. And if all your Excellencys cannot be preserved, yet I hope to retain so much of the Likeness, that posterity shall pronounce us descended from the same stock. I shall think perfection is obtain'd if we have your Approbation. I'm forced to conclude But first let me 202beg to be presented to my ever esteem'd S. Adams my Dear sir may God preserve you and give you every good Thing.

P. Henry Jr.

Will you and S.A. now and then write me.3

RC (Adams Papers); addressed: “To John Adams Esqr. of the Congress at Philadelphia”; docketed: “Coll Henry. May 20. 1776 ansd. June 3.” MS slightly mutilated where the seal was removed.

1.

JA's letter to Henry has not been found.

2.

On Carter Braxton, see Thoughts on Government, ante 27 March–April, Editorial Note (above).

3.

Written on the address page.