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—

Permit me overwhelmed with grief & chagrined at disappointment to beg your kind attention for a minute. I am grieved, because my pretensions to the Office I sollicited were certainly far better 131 grounded than his, who holds the Appointment: I am chagrined, because my expectations were with reason high.1

I think it not vanity to say I have some degree of personal merit; and some publick Seals of Government, with papers (even complimentary) accompanying, which I have on file, witness some small Services I have rendered the publick.

In the year 1779 I served them, at my own Expence, as Commander of the Troops at Falmouth, and met with the approbation, & received even the Compliments of the Government of the Massachusetts. In the year 1780 I again voluntarily served them as Secretary to General Wadsworth, Commander in the eastern Department.2 Altho’ there was no establishment originally made for a Secretary in that Department; yet the State saw fit to offer me handsom Compensation; but I chose to enjoy their gratitude, rather than accept their pay farther than to reimburse my expences. I continued my endeavours to serve the publick without remission to the end of the war; and then confined my self to my domestick affairs, pleased with the reflection that I had contributed my mite to the service of my Country.— With such pretensions, incouraged by the friendship of some of the most eminent Gentlemen in Congress, I flattered my self that Government would favor me with some degree of attention. But when I experienced your Goodness and Condescention in favoring me with a line, I tho’t my self certain of success; especially as Mr. Wingate had informed me that the President himself had not forgotten me since he knew me at Cambridge: And I think success must have attended me, had it not been for Mr. Thatchers very great zeal in serving his particu[lar] friends; for whom I find provision is made at every Port in this eastern part of the Government, where he had them.— If Mr. Thacher has endeavoured to serve them merely because they were his friends, and not because of their deserts, & of their capacity to serve the publick, I think he has done wrong: If he has made use of a certain Recommendation in favor of Mr. Fosdick (of which Mr. Wingate can particularly inform You, and also how it was obtained) I think he has imposed upon the President, and personally injured me.

Had others, who have pretensions similar to mine, been appointed; I should only have been disappointed; but should not have been grieved: But to see the appointment conferred upon a person, to whom his most zealous friends cannot with truth ascribe any peculiar personal merit, and he himself would not pretend to any services he had ever rendred the publick, is truly aggravating.

To say he sustained the Office before, is not true: He was only a Naval Officer; and that Office he had not long sustained; and the manner in which he obtained it from those much more deserving reflects no great honor upon him.— But so it is.— It is done— He has obtained his appointment— He has practiced, & has prospered.— I am not envious; but I am grived. The cause of my grief I think would have been prevented, had things been known as they really are: But perhaps it cannot now be removed. I think however it will shortly be found that a Naval Officer will necessary at this Port; as I think there is, and I am told so by Gentlemen in trade, much more business to be done in this District, than in either of the Districts of Portsmouth, or of Newbury-Port: or there may be some other agreeable Appointments to be made that I know not of. I should suspect the Collection-Bill suggests an intervening Officer between the Collectors & the Treasury; as I find the Collectors are to settle their Accounts once in three months, or oftener.

I still wish for an agreeable Employment under Government; and shall most gratefully acknowledge your kindness in befriending me, if any should present.— Relying upon your Goodness to excuse the freedom I have taken, & the trouble I have given You, permit me to subscribe my self with every sentiment of Respect & Gratitude, / Your Excellency’s / most obedient and obliged, / humble Servant;