Philada. Jany. 1. 1776

I arrived at this place the 28th. ult. where I found a Letter of Octr. 28 ult. from Mr. Morton Dpty. Secry.1 wrote by the direction of the Major part of the honble. the Council of the Province of Massa: Bay by wch. I am acquainted that they have honored me with an appointment as one of the Justices of the Supr. Ct. of Judicature &c. for that Province. I am also favored with a List of the other Gentlemen appointed to the Supr. Bench and of our Arrangment in Rank. I am also requested to Signify to the honble. Board as soon as may be my acceptance or Refusal in Writing.2

I am sorry That my Answer has been so long delayed from the arrival of this Letter has been intirely owing to my Absence on a Cmsn. to the Northward, so that I have really been notified but a few days of my appointment to that important Office, & have not had that time & opportunity to Consider & advise upon the matter which I could have wished, but as yr. Honrs. have thought it expedient that a Supr. Court Should be appointed, & the Appointmt. is of so long a standing, I think 123it necessary to give my answer by this first Oppo. well knowing that however indulgent & candid your Honrs. might be if I should take some further time to consider it, there are not those wanting in our province to put injurious Constructions on it least the matter remaining any longer undetermined might prevent the accomplishment of yr. Honours determinations.

After expressing my Sincere thanks for the Honor you have Conferred upon me by this appointmt. I find my self constrained to decline accepting it, & witht. troubling yr. Honrs. with a detail of Reasons wch. are not required I beg leave to observe that I have the highest Sence of the importance of that Office, & am Satisfyed, that if sufficiently qualified, I could not attend to the due execution of it, while the Attacks made by our Enemys on every thing we hold dear appear to me to demand our constant Attention.3

I heartily wish the Establishment of Peace & the Due Admn. of Justice in our Province Success to yr. Honors Endeavours to effect those valuable purposes & happiness to yr. persons & am with unfeigned Respects yr. Honors most Obedt. & obliged & devoted hble. Sert.,

Dft.

1.

Perez Morton (1751–1837) served as deputy secretary from August 1775 to June 1776.

2.

RTP did not note his letter to Warren in his diary for Jan. 1. The entry reads:

“fair moderate, wrote to Majr. Hawley, Col Palmer Dr Cobb & uxr. by Mr. Cushing, & also an answer to the hble. Council of Massa. signifying my non Acceptance of their Appointment as a Justice of the Supr. Court, din’d Mr. Reads.”

The letters to his wife and to Dr. Cobb have not been located.

3.

Abigail Adams wrote to her husband on Apr. 21: “you have perhaps heard that the Bench is fill’d by Mr. Foster and Sullivan, so that a certain person is now excluded. I own I am not of so forgiveing a disposition as to wish to see him holding a place which he refused merely from a spirit of envy” ( Adams Family Correspondence , 1:389). On June 9, 1776, John Adams wrote to William Cushing: “Paine has acted in his own Character, tho scarcely consistent with the public Character, which he has been made to wear. At this, however, I am not much mortified, for the bench will not be the less respectable, for having a little less Wit, Humour, Drollery, or Fun upon it, very different Qualities being requisite in that Department” (Cushing Papers, Massachusetts Historical Society).