Papers of John Adams, volume 19
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
).
d.May 1787
In Obedience to the Orders of Congress I have the Honor of informing you, that Phineas Bond Esqr. has presented to Congress a Commission from his britannic Majesty, constituting him Commissary for all commercial Affairs within the United States, and another Commission constituting him Consul for the States of New York, New Jersey, Pensylvania, Delaware and Maryland.—1
Congress being desirous on this and every other Occasion, to manifest their Disposition to cultivate a friendly Correspondence with Great Britain, have received Mr. Bond in his latter Capacity, although no Treaty or Convention subsists between the two Countries, whereby either have a Right to establish Consuls in the Dominions of the other.—
As yet Congress have not received any Commissaries for commercial Affairs, and they think it most prudent not to receive them from any Nation, until their Powers shall have been previously ascertained by Agreement, lest as those Appointments are seldom made, and both Parties may not have precisely the same Ideas of the Extent of 61 the Powers and Privileges annexed to them, disagreeable Questions and Discussions might and probably would otherwise take place on those delicate Subjects.—
You will be pleased to submit these Reasons to his Majesty, and to assure him that Congress regret the Objections which oppose their complying with his wishes in this Instance, but that they are ready to join with his Majesty in such Agreements or Conventions as may be necessary to remove them, and which may also tend to promote and establish a friendly and satisfactory commercial Intercourse between the two Countries.—
I have the Honor to be with great Respect & Esteem / Sir / Your most obt. and very hblẽ: Servt:—
RC (Adams Papers); internal address: “The Honourable John Adams Esquire / Minister plenipotentiary of the Ud. / States at the Court of Great Britain.”
Philadelphia loyalist Phineas Bond (1749–1815), University of Pennsylvania 1766, studied law at the Middle Temple. He arrived in New York City in mid-Nov. 1786 and presented his credentials to Jay a few days later, but Congress was not in session. Jay recommended that Congress recognize Bond as a consul only, and on 3 May 1787 it did so. Bond served as a British consul to New York, New Jersey, Pennsylvania, Delaware, and Maryland until 1811 (Joanne Loewe Neel, Phineas Bond: A Study in Anglo-American Relations, 1786–1812, Phila., 1968, p. 3, 9, 10, 35, 42–43, 46–47, 49, 156, 158, 159). JA informed the Marquis of Carmarthen of the status of Bond’s congressional recognition in his letter of 28 June 1787, below.