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Subject Area: Political Theory
Topic: The American Revolution and Constitution

Notes - John Adams, The Works of John Adams, vol. 9 (Letters and State Papers 1799-1811) [1854]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 9.

Part of: The Works of John Adams, 10 vols.

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Notes

Page 2, line 18th. A special commission is proposed. The President understood it to be the unanimous opinion of the heads of department, that no special commission would be necessary. A nomination to the Senate will be necessary to a special commission. The full powers possessed by Mr. King are supposed to be sufficient.

Page 3. The concession proposed in this page, the President fears, and indeed believes, is too well founded. But the facts should be well considered, and be capable of being made certain, before such an admission is made by the President’s orders.

Page 13. Although neither nation has been brought to admit that they were chargeable with the first infraction, yet no American can forget the carrying off the negroes.

Page 17. It may not be very material, but the acknowledgment of independence, at the treaty of peace, may fairly imply more than is contended for in the second paragraph of this page, against the authority, validity, and effect of the acts and declarations of the British during the war.

Page 19. I cannot see any distinction in favor of officers, civil, or military, or naval. They are no more bound by obligations of allegiance than any other subjects. I cannot agree to the sentiment at the bottom of this page.

Page 20. I cannot agree that the obligations of allegiance and patriotism are or can be ever inconsistent or irreconcilable. Nor can I admit a supposition which seems to be here implied, namely, that the revolution or American war, as it was called, had for its object the division of an empire. This will require so long an investigation, and so many distinctions and restrictions, that the whole of this must be expunged.

Page 21. We can never consistently admit that the acts and declarations of Britain were of any legal value at all, not even within the sphere of their influence.

Page 21, section 5th. The President has no control over the opinions of judges. They are as independent as he is. Their judgments in courts must be executed. The President, however, is very much dissatisfied with this passage, and fears that wrong will be done in consequence of it. But he sees no possibility of avoiding it.

Page 23. It is too liberal on the part of the United States to admit that acts of confiscation, passed during the war, shall be considered as having been annulled, in respect to debts, by the treaty of peace. The President is, however, embarrassed by the opinion of the judges, and will not differ from the heads of department upon this point, but would rather, if it is possible, that the point should be left to the board to be appointed, than that a formal acknowledgment should be made by government.

Page 32. The President doubts the expediency of the declaration at the close of the page. It is, or may be thought an ostentation of candor without end, effect, or utility. Perhaps a total silence on this head is sufficient after what has been said in the speech to Congress upon this subject.