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

TO WILLIAM CUSHING. - 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 WILLIAM CUSHING.

Philadelphia, 9 June, 1776.

I had yesterday the honor of your letter of the 28th May, and I read it with all that pleasure which we feel on the revival of an old friendship, when we meet a friend whom for a long time we have not seen.

You do me great honor, Sir, in expressing a pleasure at my appointment to the bench; but be assured that no circumstance relating to that appointment, has given me so much concern as my being placed at the head of it, in preference to another, who in my opinion was so much better qualified for it, and entitled to it. I did all in my power to have it otherwise, but I was told that our sovereign lords the people must have it so. When, or where, or how, the secret imagination seized you, as you say it did heretofore, that I was destined to that place, I cannot conjecture. Nothing, I am sure, was further from my thoughts or wishes. I am not a little chagrined that Sargeant has declined. I had great hopes from his solid judgment and extensive knowledge. Paine has acted in his own character, although I think not consistent with the public character which he has been made to wear. However, I confess I am not much mortified with this, for the bench will not be the less respectable for having the less wit, humor, drollery, or fun upon it; very different qualities are necessary for that department.1

Warren has an excellent head and heart; and since we cannot be favored and honored with the judgment of lawyers, I know not where a better man could have been found; I hope he will not decline; if he should, I hope that Lowell or Dana will be thought of.

I am happy in your appointment of good Mr. Winthrop,2 whose experience will be useful in that station, and whose conduct and principles have deserved it.

You have my hearty concurrence in telling the jury the nullity of acts of parliament, whether we can prove it by the jusgladii, or not.1 I am determined to die of that opinion, let the jus gladii say what it will.

The system and rules of the common law must be adopted, I suppose, until the legislature shall make alterations in either; and how much soever I may heretofore have found fault with the powers that were, I suppose I shall be well pleased now to hear submission inculcated to the powers that are. It would give me great pleasure to ride this eastern circuit with you, and prate before you at the bar, as I used to do. But I am destined to another fate, to drudgery of the most wasting, exhausting, consuming kind, that I ever went through in my whole life. Objects of the most stupendous magnitude, and measures in which the lives and liberties of millions yet unborn are intimately interested, are now before us. We are in the very midst of a revolution, the most complete, unexpected, and remarkable, of any in the history of nations. A few important subjects must be despatched before I can return to my family. Every colony must be induced to institute a perfect government. All the colonies must confederate together in some solemn band of union. The Congress must declare the colonies free and independent States, and ambassadors must be sent abroad to foreign courts, to solicit their acknowledgment of us, as sovereign States, and to form with them, at least with some of them, commercial treaties of friendship and alliance. When these things are once completed, I shall think that I have answered the end of my creation, and sing my nunc dimittis, return to my farm, family, ride circuits, plead law, or judge causes, just which you please.

The rumors you heard of a reinforcement in Canada, and those you must have heard before now, of many disasters there, are but too true. Canada has been neglected too much, to my infinite grief and regret, and against all the remonstrances which I could make, and many others. This has been owing to causes, which it would tire you to explain, if I was at liberty, which I am not. However, nothing on my part, or that of my colleagues, will be wanting to secure a reverse of fortune there. Dunmore is fled to an island. Our little fleet has had a shocking sickness, which has disabled so many men, that the commodore has sent on a cruise two of his ships only.

The difficulty of defending so extended a sea-coast, is prodigious, but the spirit of the people is very willing, and they exert themselves nobly in most places. The British men-of-war are distressed for provisions, and even for water, almost everywhere. They have no comfort in any part of America.

My good genius whispers me very often, that I shall enjoy many agreeable hours with you; but fortune often disappoints the hopes which my good genius inspires. But in the mean time, I shall ever be happy to receive a line from you. Should be much obliged to you for some account of occurrences in your eastern circuit. Remember me with every sentiment of respect to the bench, the bar, and all other friends.

[1 ]Notwithstanding all which, Mr. Paine subsequently accepted a seat on the bench, and served with dignity and reputation for fourteen years, until 1804.

[2 ]“We have appointed good Mr. Winthrop, clerk.” Extract from Mr. C.’s letter.

[1 ]“I can tell the grand jury the nullity of acts of parliament, but must leave you to prove it by the more powerful arguments of the jus gladii divinum, a power not peculiar to kings or ministers.” Mr. C.’s letter.