I hope you will excuse my indolence as to writing; but I ought before now to have expressed my thanks for your favor of the Second volume Hollandois, which has afforded me a great fund of entertainment & instruction:1 you accomplished a great work and of a variety of thoughts arising upon the occasion, this is one—that the minister of a mighty monarch appears to make but a small Figure before a minister of a scarcely existing state. I wish your present office & Situation may be agreeable; though an inflexible adherence to the rule of right & the public good may produce opposition if not trouble; & I fear your compensation will not be equal to the circumstances.—

You were reduced lately to a [nice] Situation to be obliged to turn a point of Prerogative, but rightly turned, I think.—

I was absent Seven weeks on the Pownalborough Circuit; on our return (Mrs. Cushing with me) we Stopped two nights at Judge Sargeant’s; where we had the pleasure of Seeing Mr. & Mrs. Shaw & your youngest son, who were well. And there I had the pleasure of seeing a letter of yours (en confidence) wherein you state some difficulties or defects respecting Supremacies &c.2 As to the Legislative & Judicial, it seems to me, they will work their way; as to the Executive—there’s the rub. Assuming the State debts would be a capital Stroke, if practicable.

I would propose a question upon the Constitution of the U. S., on the third Section of the third Article, & Second Section of the fourth Article, Respecting treason, whether there be any kind of treason which may be tried by a particular state, consistent with the Constitution, & if any what kind. For the Constitution declares what shall be treason against the United States—determines a mode of evidence, gives Congress power to declare the punishment; & the Second Section of the third Article extends the Judicial power to all cases arising under the Constitution;—and yet the Second Section of the fourth article seems to suppose a State may have Jurisdiction in a case of treason.

Another question is, whether the power of our Supreme J. Court of this state, of trying piracies & felonies committed upon the high Seas, by force of the ordinance of Congress of 5th. April 1781, is not now at an end. It seems, a Small vessel of about 30 tons, which touched in at Cape Elizabeth, while we were at Portland, was piratically run away with from the Coast of Africa, according to the account given us, on examination by the three hands on board. We ordered them committed, till duely discharged.3

I must take the Liberty to remind you of our friend N. C.4 the late maritime Judge, who behaved, for ought I know, with propriety in his office, who has been a Staunch invariable friend to the cause of liberty & his Country, & at the Same time a Supporter of good government & good men—exerted himself much & got nothing—of any consequence. The office of District Judge would Seem naturally to fall to him, & I must desire your attention, if you think proper, to that matter. Indeed I have heard something which makes me suppose, you have thought of him already.— I have never had the honor to See or be known to his greatness & goodness, the President (I can give titles though Congress can’t) And if I had,—a word of yours would outweigh many of mine.—

Mrs. Cushing joins in best respects to you & Mrs. Adams. I am, Sir, your affectionate humble Servant—

The Federalest of this State are very much Alarmed that the Tunnage Act should be as is generly Supposed to be put in force Immediately on all Vessells of this State, tho the produce of the State may go Free of Impost, the Federalests are allso further Agreaved by a Law of this State which makes them First pay a Contenentell Impost hear in Spetia, which will not Exempt them from the payment, of the Fourreighn Duty when Exported to Aney State of the Union,1 had Congress Thought proper to have put the produce of the State on a Simmular Footing with the property of the Merchants who are nearly all Federal their Feelings would not have been So much wounded but will the property of the Anties go untouched it Seems by the preceedings of the House of Representitives in Congress the Federals of this State or the allredy too much Oppressed are to Undergo the Severity of their Friends. the Navigation of the State belongs 9/10th. to the Federal partey who in Lue of paying aney Extreonary Tunnage or Impost are Justly Intituled to Every Indulgence of Congress, Such as paying no more Tunnage nor Impost than is pd. by the Other States, at Least the Federalest of this State thinks them Selves Intituled to this Lennity, till the Anties of the State has had Some Notice pd. them from Congress by Some proibition or Resstrictutions Against their property as well as Against their Opponents that of the Federalest,

I ad no more thinking it Impossable that the Act Can pass the Sennet as it has the Representitives, & I Can not Account for their Conduct in no other way than as a Descire to bring the Federalest before them by way of Potition, when perhaps they may Conclude, the Case of the State at Large Must be tacon up

I am with all Due Respect / Your Obt Humble Servt.