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

TO JAMES OTIS. 1 - 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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TO JAMES OTIS.1

Philadelphia, 23 November, 1775.

Sir,—

I had the honor of your letter of November 11th by express, and am very sorry to learn that any difference of sentiment has arisen between the two honorable houses respecting the militia bill, as it is so necessary at this critical moment for the public service.

If I was of opinion that any resolution of Congress now in force was against the claim of the Honorable House, as the Honorable Board have proposed that we should lay the question before Congress, I should think it my duty to do it. But it appears to me that, supposing the two resolutions to clash, the last ought to be considered as binding, and as by this, it is left in the “discretion of the assembly either to adopt the foregoing resolutions in the whole or in part, or to continue their former, as they on consideration of all circumstances shall think fit,” I think it plain that the Honorable Board may comply with the desire of the Honorable House, if in their discretion they think fit.

I am the more confirmed in the opinion that it is unnecessary to lay this matter before Congress, as they have lately advised the colonies of New Hampshire, and one more, if they think it necessary, to establish such forms of government as they shall judge best calculated to promote the happiness of the people. Besides, the Congress are so pressed with business, and engaged upon questions of greater moment, that I should be unwilling, unless in a case of absolute necessity, to interrupt them by a question of this kind, not to mention that I would not wish to make known, so publicly and extensively, that a controversy had so soon arisen between the branches of our new government.

I have had frequent consultations with my colleagues since the receipt of your letter upon this subject; but as we are not unanimous,1 I think it my duty to write my private sentiments as soon as possible. If either of my colleagues shall think fit to propose the question to Congress, I shall there give my candid opinion, as I have done to you.

I have the honor to be, with great respect to the Honorable Board, &c.

[1 ]The elder, as President of the Council, which had proposed that its dispute with the House about the right of appointing military officers should be submitted to the consideration of the continental Congress.

[1 ]Samuel Adams wrote to the same effect. Messrs. Hancock and Cushing were in favor of submitting the matter to the consideration of Congress, and addressed a joint letter, explaining their views, to the council. All the letters are in the archives of Massachusetts.