As it is the duty of every good citizen to counteract, as far as he can, any measures that may operate injuriously to the Public, I am constrained to inform you of a plan, which if successful, will have that operation in the important department of the Administration of Justice in this Commonwealth.

We have a perfect Confidence, and are therefore happy, in the Gentlemen, who now constitute our Supreme judicial Court: but it is the wish of some intriguing Individuals to get themselves Seated upon that Bench: and for this purpose, it is their design, that the chief Justice, Mr. Cushing; who is a most worthy character, should be appointed to the federal Bench. In that case they expect, and have reason to expect, his place will be supplied by a man totally disagreeable to all the other Justices; and whose appointment will probably, or rather certainly, occasion the resignation of most or all of them: in which case they have little room to doubt of their own appointment.

To secure effectually the completion of this laudable manœuvre, they have been for some time past exerting themselves in every possible way: and it is probable, that before this time you have been made sensible of their exertions. In short, Sir, to be perfectly explicit, if Mr. Chief Justice Cushing be appointed to the federal Bench, the consequences abovementioned will assuredly take place.

I have a high regard for Judge Cushing; and think the public Good necessarily connected with his continuance in the Office of chief Justice: which he holds with great dignity to himself, and advantage to the Commonwealth.

As you wish the peace and happiness of the Commonwealth, you will permit me, with the Friends of good government, to hope, you will use your influence with his Excellency the President of the United States, for preventing the Evil, that will arise from the removal of Mr. Cushing from the Office of Chief Justice: especially as there is a Gentleman here, every way qualified, who ’tis said, has been recommended to the President, for the federal Bench.— I mean the honble. John Lowell esqr., who was one of the Admiralty Judges 129 under the late federal Constitution; and with whose person and character you are perfectly well acquainted.

With the most disinterested esteem, I have the honour to be, sir, Yr. Exc̃y’s most obt. hble servt.

I never yet have had occasion to solicit an appointment either for myself or my friends, nor do I love to interest myself in matters of the kind; but, when there is an appearance of danger from any proposed appointment, it seems to me to be the duty of every good Citizen, to give such information as appears to be material. upon this ground only I shall now take the liberty of stating to you, some of the Evils which are here thought inevitable, should Mr. Cushing, Our present chief Justice, be removed to the federal Bench; a measure, which several Letters by the last post inform us, would probably be taken. you know, & every One acknowleges, his Abilities & many good qualities; which render him a proper person for the Office referred to, & which make him of the highest importance to this commonwealth in his present Station. Our present Bench are very respectable, they harmonize to an unusual degree, they love & respect each other, & they are all federal. by means of these qualities Sentiments & union, they act with dignity & decission; & they form the greatest Barier we have, by much, against popular frenzy, & the influence of popular Demagogues. Should that Bench be broken up, or much changed, it would probably give rise to more mischief, & would certainly give more pain to the good Citizens, to the friends of government than any thing that can happen. It is an Event which his Brethren, the Bar, & the best of Our Citizens would depricate exceedingly—for the certain consequence would be, the appointment of a man, with whom some, if not all the others would refuse to sit—at least such is the Opinion of all that I am acquainted with.— It is indeed an Event, which the popular party here would much rejoice at, & which they have been labouring to bring about. they certainly wish much to derange that Bench, & to place on it some men of very opposite Characters; & they sometime since intimated that it would happen er̃e long. But as no One concieved it in 130 any degree probable, & every One supposed that Mr. Lowell would be the man; no measures have been taken to guard against it, & perhaps no information of this kind before given to you.—

I hope you may not consider this communication as improper or ill timed, I assure you that it’s made upon public principles only. though your particular friends, & the best men in this State are much alarmed at the Idea of such a change; yet it may happen, from various causes, that none of them may write to you upon this Subject.— Mr. Cushing is in the highest estimation with every good man here, & but for the particular circumstances of the Case, they would wish him to be removed, if he desired it; which is doubted however by many. But as Mr. Lowell is considered as equally qualified for the place with Mr. C:, & from the Offices he before held has been viewed as the only fair Candidate—&, as such great injury is considered as inevitable to the State from the removal of Mr. Cushing, those who are the common friends of both the Gentlemen, & the best friends to Government, & to those who administer it, would be much pleased at the appointment of the former, but would lament exceedingly that of the latter—

I have given you Sir freely & honestly what I suppose to be the general Sentiments of the most respectable men among us. you will pardon the freedom I have taken, & give credit & weight to the communication so far only as you think it merits.— I have wished to trouble you with some of my own Ideas as to Revenue & commerce; but my time has been taken up by Journeying &c to recover my health, & my nerves are so weak that I write with much difficulty & labour—& this must apologise for the present hasty Scrawl not being copied.— please to present my own & Mrs Hs. respects to your lady &c. With much respect I have the honour to be your Excellencys very huml Servant—