Papers of John Adams, volume 19
th.1787
I am much oblidged to you for the esteemed present of your Book, “in defence of the Constitutions of Government of the United States of America.”1 It came to hand on the 27th. instant, and I have read it through with great pleasure. The balance of the one, the few & the many, is not well poised in this State; the legislature is too powerful for the executive and judicial branches of government; besides it can too easily make laws and too readily alter or repeal them.
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We have but one branch in our legislature, and are divided into two parties, called by the names of Republicans & Constitutionalists, in reality Aristocratics and Democratics; and they are as yet nearly equal in numbers & merit. We must have another branch, and a negative in the Executive, stability in our laws and permanency in our Magestracy, before we shall be respectable, safe & happy. Your Book, I flatter myself, will contribute greatly to effect these desireable ends, in all the States.
This letter will be handed to you by Mr: Peter Whiteside, a merchant of this city, who has requested the honor of an introduction to you; he has been concerned in trade here with Mr: Robert Morris, and has the reputation of a skilful merchant and a good citizen.2 He is impowered to recover a legacy for Mr: William Geddes and wife from the Exõrs of a certain Edward Price Esquire—3 Should he have occasion for your advice or countenance in this business, I must beg the favor of your Excellency to give it to him, as Mr: Geddes was several years a Commissioner of the Chamber of Accounts under Congress, is a worthy native of Maryland, and a friend of mine.—
A convention of the several States will be held here next week, for the purpose of revising the confederation, and giving greater powers to Congress. I have heard of Appointments from each State, except Rhode-Island;4 and from the characters delegated to this service, most of them having been old members of Congress and our acquaintances in 1775, 1776 & 1777, I have some hopes that public utility may be derived from it; tho’ the present popular opinion is, that we ought to be very jealous of conferring power on any man or body of men. Indeed we seem afraid to enable any one to do good, lest he should do evil.—
The triennial Convention of Delegates of the Society of Cincinnati is also to be held here at the same time; and also a Meeting of Commissioners from Maryland, Delaware and this State, respecting the cutting a cannal between Chesepeak and Delaware.5 It is expected, that Congress will return shortly to this city.6
Please to present my compliments to Mr: Cutting when you next see him. I shall write to him soon. Judge Atlee will send the powers, proofs &c. necessary to recover his estate in and near London, in a few weeks.
Permit me to subscribe myself, what with great truth & sincerity I am, / Sir, / Your Excellency’s / most obedient humble servant
sM:Kean
RC (Adams Papers); internal address: “His Excellency John Adams Esquire.”; endorsed: “CT. Mc. Kean” and by AA2: “april 30th. 1787.”
JA last wrote to McKean on 28 Feb. (DLC:Tufts Papers), enclosing a copy of his
Defence of the Const.
and instructing the chief justice of Pennsylvania to reimburse Cotton Tufts in the amount of 35 guineas. This sum covered Dr. John Brown Cutting’s research queries, made in London, regarding William Augustus Atlee’s estate, for which see vol. 18:370–371.
Philadelphia merchant Peter Whiteside (ca. 1753–1829) acted as a business partner of and private secretary to Robert Morris during the Revolutionary War (Morris, Papers
, 1:16; Salem Gazette, 18 Dec. 1829).
William Geddes (d. 1801), formerly a collector of customs at Chestertown, Md., was the husband of Mary Wilmer Geddes (1738–1803). Her uncle, Edward Price (d. 1774), who owned estates near Aylesbury, Buckinghamshire Co., England, had named her three brothers as heirs. But Geddes’ brother Edward Price Wilmer also died in 1774, and his share was to be divided between his immediate family and that of Geddes. The estate was not yet settled in 1792, and it is unclear whether Geddes received her legacy (James Wilmer, “Memoirs of the Rev. James Jones Wilmer,” Maryland Historical Magazine, 19:222, 223, 230, 242 [Sept. 1924]; Baltimore Federal Gazette, 6 Feb. 1801; Philadelphia Gazette of the United States, 4 June 1803). JA apparently did not reply to the request, and his next letter to McKean was of 2 June 1812 (JA, Works
, 10:12–13).
This letter marks JA’s first news of the selection of delegates to the Constitutional Convention, and of Rhode Island’s refusal to participate.
Delegates of the Society of the Cincinnati met in Philadelphia for their second general meeting from 7 to 19 May 1787 (Proceedings of the General Society of the Cincinnati, 1784–1884, Phila., 1887, p. 23–37).
No record of a meeting of the canal commissioners in Philadelphia in 1787 has been found. Surveys for a canal connecting the Delaware River with Chesapeake Bay were completed by 1770, but construction did not begin until 1804. The canal opened in 1829 (Ralph D. Gray, The National Waterway: A History of the Chesapeake and Delaware Canal, 1769–1985, Urbana, Ill., 1989, p. 1, 6, 15).
On 10 April 1787, Dyre Kearney of Delaware and William Blount of North Carolina proposed that Congress adjourn at the end of the month and reconvene in Philadelphia in June, but the motion did not pass. Two days later, the New-York Journal reported that Congress’ possible move to Philadelphia triggered “a general anxiety” in New York City. Congress reconvened on 2 May. On 10 May, Kearney and Samuel Meredith of Pennsylvania repeated the proposal, but the motion was ruled “out of order” (
JCC
, 32:167, 244, 279–280;
Biog. Dir. Cong.
).
Your Favour of Feb. 24. I recd. but this Moment.— The Mass. Law in question obliged Masters of Vessells, before they landed a Passenger to give Bonds, to maintain him, in Case he came to want. it was intended to indemnify Parishes, or rather Towns, against the Maintenance of Paupers.— This Law turned the Tide of Emigration from Ireland to Philadelphia.— it was early in this Century I believe, but I am not able to ascertain the Date of it. There was an early Law too which obliged Masters, who manumitted Negroes to maintain them in Case they came to want, upon the Same Principle.1 We have now no new Law, that I know of, but ever since I can
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remember, every Negro who had the Courage to bring an Action for his Liberty recovered it. our Juries would never declare Negroes Slaves by thier Verdict. There is some new Law lately passed, which gives the Writ de Homine Replegiando, but I know not the Particulars.2
I know nothing of W. Penns dying in the Fleet, Prison. I can be of very little service to you, in the Work you are upon, for I have no American Books to resort to but Such as you possess: and Memory is a very fallacious Guide.— I am, with much / Esteem, sir your most obedient & humble / Servant
RC (private owner, 2013); addressed: “France / A Monsieur / Monsieur Phillip Mazzai / chez Monsieur Jefferson, Ambassadeur / des Etats Unis de L’Amerique / a Paris”; internal address: “Mr Mazzei”; endorsed: “Adams. prmo. Maggio / rispta 24. do. / 1787.”; notation: “Aven des Prouvaire.”
JA referred to “An act directing the admission of town inhabitants,” passed by the Mass. General Court on 12 March 1701, which required captains either to “carry” away or “give sufficient security” for lame and infirm passengers. “An act relating to molato and negro slaves,” passed by the General Court on 28 July 1703, ordered slave owners to pay the town treasurer a minimum of £50 as security in case their former slaves were unable to provide for themselves (Mass., Province Laws
, 1:451–453, 519).
“An act establishing the right to, and the form of the writ de homine replegiando, or writ for replevying a man” was passed by the General Court on 19 Feb. 1787. The act regulated freeing a person unlawfully held in either official or private custody while awaiting trial (Mass., Acts and Laws
, 1786–1787, p. 182–183;
OED
).