Papers of John Adams, volume 21
th:1791.
The Justices of the Supreme Judicial Court in obedience
to the order of the Senate of the 14th: of Feb:
last, beg leave to submit the following opinions in answer to their
Questions.1
First “Whether a Bill or Resolve having passed both Branches of the Legislature, and being laid before the Governor for his approbation, less than Five days before the Recess of the General Court next preceeding the last Wednesday in May, and Five days before the period when the Constitution requires the General Court shall be dissolved, but not acted upon by him, has by the Constitution the Force of Law?”
If by “Recess” in this question is meant a Recess after a Prorogation, or a Recess after an Adjournment where there is no subsequent meeting of the same General Court on that adjournment, The Court are clearly of opinion that such Bill or Resolve by the Constitution hath not the Force of Law.
Secondly “Whether a Bill or Resolve having passed both Branches of the Legislature and being laid before the Governor for his approbation less than Five days before any Recess of the General Court, other than such as is stated in the preceeding question, and not acted upon by him, has by the Constitution the force of Law?[”]
If by the Term “Recess” in the second Question is intended a Recess upon an Adjournment, and such Bill or Resolve lays more than Five days before the Governor for his approbation, including the days of the Court’s sitting before the Adjournment, and so many days of the Court’s sitting upon such Adjournment as will make up the full Term of Five, without the Governor’s returning the same with his 8 reasons for not approving it; we conceive such Bill or Resolve hath the force of Law: For all the Days of the Court’s sitting, although an Adjournment intervenes, are but one Session: But where a Prorogation intervenes the Session is then ended, and a Bill or Resolve after the Session is ended, cannot acquire the force of Law.
All which is humbly submitted
FC (MHi:Photostat Coll.); internal address: “Honb̃le President of the Senate &c.”
The wording of the Massachusetts Constitution of 1780
opened a path for lawmakers to hurry a governor into signing a bill at a
session’s close, while cutting off the opportunity to suggest revisions.
The Mass. senate solicited answers from state judges, and this document
reveals how those justices shaped early legal practice through the
issuance of advisory opinions rather than case law (Philip Hamburger,
Law and Judicial Duty, Cambridge, 2008,
p. 375–377).
I have this day received your obliging Letter of the twenty first of February, inclosing a Co[py] of a proposed Dedication1
Your request of my permission to dedic[ate] to me, the Second Edition of your View of Religion is very flattering to me: because, although I am ash[amed] to acknowledge I have never Seen the Book, I kn[ow] its reputation to be very respectable, not only in [this] country but in Europe.
Although I am conscious that Some of the Compliments intended me, have not been so well merited, [as] I wish they had been, I shall leave to your inclination and discretion every thing of that kind: only requesti[ng] that all Titles literary or political be omitt[ed] and that the Address may be only John Adams V[ice]-President of the United States of America.
If you please you may add my name [into the] List of your subscribers for three Copies of your book
You and I are undoubtedly related by Birth, although personally unknown to each other, and although We were both “born in humble obscurity,” yet I presume neither of Us have any Cause to regret that Circumstance. If I could ever Suppose that Family Pride were in 9 any Case excuseable, I should think a descent from a line of virtuous independent New England farmers, for 160 years, were a better foundation for it, than a descent through royal or noble Scoundrels ever since the flood.
I am, Miss Adams very Sincerly your / well Wisher, and with great Esteem / your most humble servant
RC (MB:Paine Trust); addressed: “Miss Hannah Adams / Medfield / Massachusetts.”; docketed: “From the first President Adams”; notations by JA: “To the Care of Perez Morton Esqr Boston.” and “Free / John Adams.” LbC (Adams Papers); APM Reel 115. Text lost due to a tight binding has been supplied from the LbC.
For historian Hannah Adams, a distant cousin of
JA’s, and her View of
Religions, in Two Parts, Boston, 1791, Evans, No. 23102, see vol. 20:xv–xvi, 478.