Papers of John Adams, volume 20
r30 1790
I have had the pleasure of receiving your letter1 and should be happy to furnish you with any hints concerning the study of the Civil Law, which may occur to me after having laid aside all such studies for many years. Under the general phrase Civil law is often understood what is commonly considered the learning necessary to obtain a degree of Doctor of Laws LLD the common abreviation signifies Legis Legum Doctor or Utriusque Juris Doctor. One branch of the division is the Law of Nature and Nations and the other the Roman Law
Of the first of these, Grotius, Puffendorf, Burlamaque, Vattel
Heineccius, Bynkershoeck, Noodt, are the writers most in use and I suppose as good as
any— Of the last, if your intention is to confine your inquiries to the English
language, Woods institute of the Civil Law, Domat, Dr Taylor
and Wiseman’s Law of Laws may answer your purpose. But if, as I presume it will, your
ambition and curiosity should prompt you to become a master of this divine science as it
used to be called, you will in the first place find it necessary to increase your
familiarity with the Latin language and the Roman learning in general. The institutes of
Justinian, the Code the Novells and the digest are all in latin. Commentators on all
these writings are innumerable. But Hoppius, Vinnius, Gail and Cujaicius with Oughtons
Ordo Judiciorum are esteemed the best.2
There are many little Compendium’s or abridgments in latin of the institutes, which you
may read to 457 advantage— They will frequently fall in your way at
sales and may be purchased cheap. But if you read carefully the institutes and acquire a
familiarity with the titles and indexes of the Corpus Juris, So that you may be able
readily to Search a point as you may have occasion, you will find it very useful and
agreeable.— Those who pretend to be very learned in this way Study the Greek translation
of Theophilus, of the institutes of Justinian which is indeed rather a commentary I wish
you much pleasure and profit at the bar and am with much affection your friend as well
as Uncle
LbC in CA’s hand (Adams Papers); internal address: “Mr William Cranch. Braintree.”; APM Reel 115.
Of 11 Dec., above.
JA’s recommendations fell into three categories, and
nearly all were drawn from various editions held in his library at MB. JA’s recommended reading
on the law of nations included: Hugo Grotius, The Rights of
War and Peace, London, 1738; Samuel von Pufendorf, Law
of Nature and Nations, London, 1729; Jean Jacques Burlamaqui, The Principles of Natural and Politic Law, 2 vols., London,
1763; Emmerich de Vattel, The Law of Nations, or Principles of
the Law of Nature, Applied to the Conduct and Affairs of Nations and
Sovereigns, London, 1793; Johann Gottlieb Heineccius, A
Methodical System of Universal Law, 2 vols., London, 1741; Cornelius van
Bynkershoek, Opera Omnia, Leyden, 1767; and Gerard Noodt,
Opera Omnia, Leyden, 1760. For the second category, of
civil law, JA advised reading these works: Thomas Wood, A New Institute of the Imperial or Civil Law, London, 1704;
Jean Domat, Civil Law in Its Natural Order, transl. W.
Strahan, 2 vols., London, 1722; John Taylor, The Elements of
Civil Law, Cambridge, 1755; and Sir Robert Wiseman, The
Law of Laws, London, 1656. JA’s final category, of suggested
reading in Roman law, included: Justinian, Codex, Digesta,
Institutiones, and Novellae; Joachim Hoppe, Commentatio succincta ad Institutiones Justinianeas,
Danzig, 1693; Arnoldus Vinnius, Commentarius . . .
institutionum imperialium, Leyden, 1642; Andreas von Gail, Practicarum observationum, tam ad processum judiciarium,
praesertim imperialis camerae, Cologne, 1578; Jacques Cujas, Opera omnia, in decem tomos distributa, 10 vols., Paris,
1658; and the Greek translation of Theophilus’ Institutes of
Justinian, The Hague, 1751 (
Catalogue of JA’s Library
).
rd.Jan
y.1791.
In behalf of the Marine Society of this Town, we have the Honor of addressing you on a subject that has long engaged the attention of that Corporation.— The encouragement & preservation of our Seamen must interest every man who considers how valuable the labours of that class of Men are to a commercial Country, nor will the Interest be lessen’d from the veiw of them, in time of War, as the maritime Barrier of the United States.— From your exalted Rank in the National Government, uniform & ardent attachment to, & extensive knowledge of the best & greatest Interests of our Country, the Society have directed us their Committee to transmit the papers which 458 accompany this Letter for your Consideration.—1 And, if the proposals included in them should meet your Approbation, to request your assistance in Congress on the business. There is an additional Argument, omitted in the petition, which might be urged for the Erection of an Hospital, That sick Sailors are compelled to take up their Lodgings in Houses very illy provided for their accommodation, not to add the variety of gross Impositions they are subjected to. Numbers of them annually perish, whose lives might be preserved were they admitted into a Hospital, where they would find the best medical aid, good nursing & comfortable Lodging & diet on easy Terms.
Should you approve this application, We must beg you to be at the Trouble of conversing with the Gentlemen who represent this State in both Houses of Congress, to whom we have addressed a Letter.
From the partial & flattering Consideration of numbering You among their Members, the Society have been induced to sollicit your Advice & Services in this Business.
We are with sentiments of the most affectionate respect & sincere personal attachment / Dear Sir / Your faithful humble Servants.
mTudor
Alex
rHodgdon
Aaron Dexter
W
m.Deblois—
Shem
l.Russell—
Mungo Mackay
W Scollay
The Society are desirous of knowing whether any measures were adopted in consequence of the application of the Merchants to the President of the United States on the Subject of the Pilotage and Regulations of the Harbour of Boston— As you were so obliging as to take charge of those Papers we would thank you for any Information respecting them. The Merchants are equally anxious with the Society on this Subject.—2
RC (Adams Papers); internal address: “His Excellency the Vice President / of the United States.”; docketed by JA: “Marine Society.”
JA, who was a member of the Boston Marine Society,
sent this petition to the House of Representatives, which received it on 27 January.
Two weeks later, it was referred to Alexander Hamilton. On 17 April 1792 Hamilton
presented his report on marine hospitals, advising Congress to establish at least one
in the United States, to be funded by a ten-cent deduction from sailors’ monthly
wages, as it would benefit trade and protect “a very needy class of the Community.”
Disabled seamen and sailors’ widows and children were eligible to draw from the same
fund, which would be guided by a board of 25 directors. Congress 459 took action on 14 July 1798 when it passed an act
with Hamilton’s terms largely intact. As president, JA signed it into law
two days later (Hamilton, Papers
, 11:295, 297).
For the lack of piloting regulations, see William Smith’s letter of 12 June 1790, and note 4, above.