Title: [November 1760]
From: Adams, John
To:

      3 Novr. 1760. Monday.

       Dana says the Administrator ought not to regard the Disgrace or Trouble or Expence of a Commission of Insolvency, but if it is in the least degree suspicious, that the Estate will not prove sufficient, he must represent it so, at his first Appointment i.e. every Day, that he takes to enquire into the Value of the Estate, and the Number of Debts, is at the Risque of the Creditors, and if any one Creditor brings his Action he must maintain it, at the Expence of the others. For says he, as no Time is limitted an Administrator may wait a whole Year, before he represents the Estate insolvent, and live upon the Estate all that time, to the Injury of the Creditors. Nay he may neglect it two Years, or 10 Years, till he has wasted, spent, or alienated the whole Estate.
       I say, it is reasonable that a Time should be allowed the Administrator to enquire, to make a Computation of the Effects, and to enquire into the No. and Quantity of the Debts, that he may be able to judge, whether the Estate is insolvent or not. For a Commission of Insolvency is an Evil, always to be avoided, if Possible. It is always considered as a Disgrace to a family. It is always a great Expence to the Estate. It always provokes the Curses of the Creditors, and puts them to the Trouble in attending the Commissioners to prove their Debts. And it is not only reasonable, that a Time of Enquiry should be allowed, but it is Law. And the Executor or Administrator appointed to any Insolvent Estate, before Payment to any be made, except as aforesaid, shall represent the Condition and Circumstances thereof unto the Judge of Probate. Here is plainly a time allowed him, and there is no Limitation of that time. It is only said the Representation must be made before any Payment is made. And here is an Exception, which clearly gives the Administrator, some time; the Exception is of Debts due to the Crown, of sickness and funeral Charges. These the Administrator, after his Appointment may pay, before he is obliged to represent it insolvent, and he could not pay these any more than any other Debts unless some time was allowed him.
       Mr. Danas Objections are in my humble opinion of little Weight. He says, that if the Administrator is not obliged to represent immediately, he may delay it, till she and her family have consumed, or by fraud conveyed away the Estate. But your Honours know that Apprisers are appointed, always directly after the Administrator is appointed, who are to make an Inventory and then the Administrator charges herself with all the Articles in the Inventory, and gives Bonds to be accountable for them at the apprized Value, at the Years End. So that if the Estate is wasted the Administrators Bond may be put in suit. Besides, admitting here is a Defect in the Law, in this Respect, Admitting a new Law is expedient, to limit the Time of representation, such a Law has no Existence, nor can Mr. Dana avail himself of a Law that has no Being, however expedient it may be, especially when the Representation is made within a reasonable Time, as this was. The Representation was made in 9 months, which was a short space of Time considering the Circumstances of this affair. Brackett was struck out of Life suddenly, left a very distressed family, and a very perplexed and embarrassed Estate, so that it was impossible for the Widow to recover from her surprize, and make any Inquiry so as to satisfy herself whether the Estate was sufficient or not, sooner than she did. And I presume the Reason why the Law has not confined the Administrator to such Estates to narrow limits, is, because Persons, that die so much in Debt, commonly leave Widows and Children behind them, who have been used to decent and reputable living, and will therefore, if some reasonable time is not allowed them to keep together, recover their surprize and look about them, will be driven to absolute Despair. And to this Purpose and that the Estate may not be burdened with Costs, the Law has provided, that no Proscess shall be allowed, while any such Estate is depending as aforesaid, which Words extend as well to the Time, the Estate is depending under the Examination and Enquiry of the Administrator as to that between the Representation of Insolvency and the settling of the Average. And it is quite reasonable that this Action in Particular, should be barred, because it was entered, out of the meer Humour and Obstinacy of the Plantiff. Tho it was commenced before the Representation it was entered afterwards, whereas if he had been a reasonable Man, instead of entering and driving this Action, as he has done, he should have dropd it without Entry.

      Nov. 5th. 1760.

        Messrs.

       I presume upon the common sense of the World that no offence will be taken at the Freedom of the following Sentiments while the utmost Deference for Authority and Decency of Language is preserved, as Persons of obscure Birth, and Station, and narrow Fortunes have no other Way, but thro the Press to communicate their Tho’ts abroad, either to the high or the low.
       The Vacancy, in the highest seat of Justice in the Province occasioned by the Death of Judge Sewal, naturally stirrs the Minds of all, who know the Importance of a wise, steady and loyal Administration of Justice, to enquire for a fit Person to fill that Place. Such Persons know, that the Rules of the common Law are extreamly numerous, that Acts of Parliament are numerous, some taken from, or at least in spirit, from the Civil Law, others from the Cannon and feudal Law. Such Persons know that the Histories of Cases and Resolutions of Judges have been preserved from a very great Antiquity, and they know also, that every possible Case being thus preserved in Writing, and settled in a Precedent, leaves nothing, or but little to the arbitrary Will or uninformed Reason of Prince or Judge.
       And it will be easy, for any Man to conclude what opportunities, Industry, and Genius employd from early Youth, will be necessary to gain a Knowledge, from all these sources, sufficient to decide the Lives, Liberties and fortunes of Mankind, with safety to the Peoples Liberties, as well as the Kings Prerogative, that happy Union, in which the Excellence of british Government consists, and which has often been preserved by the deep Discernment and noble spirit of english Judges.
       It will be easy for any Man to conclude that a Man whose Youth and Spirits and Strength, have been spent, in Husbandry Merchandize, Politicks, nay in science or Literature will never master so immense and involved a science: for it may be taken for a never failing Maxim, that Youth is the only Time for laying the Foundation of a great Improvement in any science or Profession and that an Application in advanced Years, after the Mind is crowded, the Attention divided, or dissipated, and the Memory in part lost will make but a tolerable Artist at best.

   This draft of a communication to a newspaper is obviously incomplete and does not appear to have been published.

   Chief Justice Stephen Sewall died on 10 Sept. 1760, and a bitter contention ensued over the succession to his post. According to a retrospective account by Edmund Trowbridge, the two candidates who made themselves most conspicuous by their own efforts were William Brattle and the elder James Otis. When, on 13 Nov., Lt. Gov. Thomas Hutchinson was named, the two disappointed candidates were so “very angry with him and every one else they knew or suspected had not favoured their Respective Claims,” that much of the subsequent political squabbling in Massachusetts was a result of their irritation (Trowbridge to William Bollan, 15 July 1762, MHS, Colls.Massachusetts Historical Society, Collections and Proceedings., 74 [1918]:66). Neither Brattle nor Otis nor Hutchinson had had regular legal training, and so it would appear that JA is arguing against the appointment of any one of the three. If he had completed his article, we would doubtless know whom he was for.

      Novr. 14th. 1760.

       Another Year is now gone and upon Recollection, I find I have executed none of my Plans of study. I cannot Satisfy my self that I am much more knowing either from Books, or Men, from this Chamber, or the World, than I was at least a Year ago, when I wrote the foregoing Letter to Sewal. Most of my Time has been spent in Rambling and Dissipation. Riding, and Walking, Smoking Pipes and Spending Evenings, consume a vast Proportion of my Time, and the Cares and Anxieties of Business, damp my Ardor and scatter my attention. But I must stay more at home—and commit more to Writing. A Pen is certainly an excellent Instrument, to fix a Mans Attention and to inflame his Ambition. I am therefore beginning a new literary Year, with the 26th. of my life.

   This and the following two entries, all of them bearing the same date, are inserted here from D/JA/4, the journal of studies that JA projected in Oct. 1759 (see entries there) but proceeded to neglect for over a year.

   Draft at the beginning of D/JA/4 (p. 123–124, above).

   An approximation. JA’s 26th birthday fell on 19 Oct. 1760 according to the Old Style calendar; on 30 Oct. according to the New Style.

      1760. Novr. 14th. Friday.

       I am just entered on the 26th Year of my Life, and on the fifth Year of my studies in Law, and I think it is high Time for a Reformation both in the Man, and the Lawyer. 25 Years of the Animal Life is a great Proportion to be spent, to so little Purpose, and four Years, the Space that we spend at Colledge is a great deal of Time to spend for no more Knowledge in the science and no more Employment in the Practice of Law. Let me keep an exact Journal therefore of the Authors I read, in this Paper.
       This day I am beginning my Ld. Hales History of the Common Law, a Book borrowed of Mr. Otis, and read once already, Analysis and all, with great Satisfaction. I wish I had Mr. Blackstones Analysis, that I might compare, and see what Improvements he has made upon Hale’s.
       But what principally pleased me, in the first Reading of Hales History, was his Dissertation upon Descents, and upon Tryals by a Jury.
       Hales Analysis, as Mr. Gridley tells me, is an Improvement of one, first planned and sketched by Noy, an Attorney General in the Reign of Charles 1st. And Mr. Blackstone’s is an Improvement upon Hales.

   That is, this paper booklet or gathering of leaves.

   For copies of works by Chief Justice Sir Matthew Hale and Sir William Blackstone still among JA’s books at the Boston Public Library, see Catalogue of JA’s LibraryCatalogue of the John Adams Library in the Public Library of the City of Boston, Boston, 1917., p. 113, 28.

      1760. Novr. 14. Friday.

       The Title is “The History of the Common Law of England.” The Frontispiece, I cannot comprehend. It is this. Ἰσχυρον ὁ ΝÓΜΟΣ έστὶν ἄρχοντὰ His great Distribution of the Laws of England is into Leges scriptae and Leges non scriptae. The first are Acts of Parliament which are originally reduced to writing before they are enacted, or receive any binding Power, every such Law being in the first Instance, formally drawn up in Writing, and made as it were a Tripartite Indenture, between the King, the Lords and Commons.
       The Leges non scriptae, altho there may be some Monument or Memorial of them in Writing (as there is of all of them) yet all of them have not their original in Writing, but have obtained their Force by immemorial Usage or Custom.

   Transcribed by JA from the titlepage of Sir Matthew Hale’s The History and Analysis of the Common Law of England, London, 1713. JA could make no sense of it because it is garbled Greek for which the printer may have been responsible. CFA subjoined the following note on the passage: “Stephanus quotes the following as a proverb,—

   Ἰσχυρὸν ὁ νόμος έστ𐎯ν, ἤν ἄρχοντ᾽ ἔχῃ.  which he translates,—The law is powerful if it have an executor” (JA, WorksThe Works of John Adams, Second President of the United States: with a Life of the Author, ed. Charles Francis Adams, Boston, 1850–1856; 10 vols., 2:101). The Stephani, or Estiennes, were 16th-century printers and lexicographers; see Catalogue of JA’s LibraryCatalogue of the John Adams Library in the Public Library of the City of Boston, Boston, 1917., p. 86. Hale’s titlepage motto is evidently a distorted version of this “proverb.”

      1760. Novr. 15th. Sat.

       Spent last Evening at Coll. Quincys, with Coll. Lincoln. Several Instances were mentioned, when the Independency and Superiority of the Law in general over particular Departments of officers, civil and military, has been asserted and maintained, by the Judges, at Home. Ld. Cokes Resolution in the Case of —— in oposition to the opinion, and even to the orders, and passionate Threatnings of the King. Ld. Holts refusal to give the House of Lords his Reasons, for his Judgment in the Case of —— in an extra judicial Manner, i.e. without being legally and constitutionally called before them by a Rit Writ of Error, Certiorari, or false Judgment. And Chief Justice Wills’s resolute spirited assertion of the Rits Rights of common Law in opposition to the Court Martial against the Intercession of powerful Friends, and even of the Ministry if not the King himself.

   CFA identifies two of the cases here referred to (JA, WorksThe Works of John Adams, Second President of the United States: with a Life of the Author, ed. Charles Francis Adams, Boston, 1850–1856; 10 vols., 2:101).

      1760. Novr. 19th.

       Parson Smith says the Art of Printing like most other Arts, and Instruments, was discovered by Accident. Somebody, at an idle Hour, had whitled his Name, cut his Name out in the Bark of a Tree. And when his Name was fairly cut out, he cut it off and put it into his Hankerchief. The Bark was fresh, and full of Sap, and the Sap colored his Hankerchief, i.e. printed his Name upon it. And from observing that he tooke the Hint.

      Wednesday 19 November.

       Dined at Badcocks, with McKenzie. He pretends to Mechanicks, and Manufactures. He owns the snuff Mill, and he is about setting up some Machine to hull our Barley. One Welsh dined with us, who he said was the best, most ingenious Tradesman, that ever was in this Country. McKenzie and Welsh were very full of the Machinery, in Europe, the Fire Engines, the Water Works, the silk Machines, the Wind Mills, in Holland &c. McKenzie says there are 27, 000 Wheels, and 90, 000 Movements in the silk Machine. You may see 10,000 Wind Mills going at once in Holland. Thus he tells Wondrous Things, like other Travellers.—I suspect he would be unable to describe the fire Engine or the Water Works. Had I been Master of my self I should have examined him, artfully, but I could not recollect any one Particular of the fire Engine, but the Receiver, and that he says is no Part of the Engine. But he talks about a Center Cylinder.
       This conceited Scotchman has been a Rambler I believe. He set up Merchandize in New London. He married a Cunningham, sister to Otis’s Wife.—These restless Projectors, in Mechanicks, Husbandry, Merchandize, Manufactures, seldom succeed here. No Manufactury has succeeded here, as yet. And I believe Franklins Reasoning is good, and the Causes he mentions will hinder the growth of Manufactures here in America, for a great While yet to come.

   Apparently a second entry for 19 Nov., but the preceding entry should perhaps have been dated a day earlier.

   The reference is to Franklin’s “Observations concerning the Increase of Mankind, Peopling of Countries, Etc.,” written in 1751 and first published four years later in Boston. Franklin reasoned that since land was so plentiful in America, labor would long be costly. “The Danger therefore of these Colonies interfering with their Mother Country in Trades that depend on Labour, Manufactures, &c., is too remote to require the attention of Great-Britain” (Writings, ed. SmythThe Writings of Benjamin Franklin, ed. Albert Henry Smyth, New York and London, 1905–1907; 10 vols., 3:65–66.)

      1760. Novr. 21st. Friday.

       This day has been spent to little Purpose. I must confine my Body, or I never shall confine my Tho’ts. Running to Drs., cutting Wood, blowing fires, cutting Tobacco, waste my Time, scatter my Thoughts, and divert my Ambition. A Train of Thought, is hard to procure. Trifles light as Air, break the Chain, interrupt the series.

      1760. Novr. 21st. Friday.

       Finished the History of the Common Law, the second Time. The Dissertation on hereditary Descents, and that on Tryals by Juries, are really, very excellent Performances, and well worth repeated, attentive Reading.

   This, the second entry so dated, is from D/JA/4, JA’s fragmentary record of studies.

      November 1760.

       Pater was in a very sociable Mood this Evening. He told 3 or 4 merry stories of old Horn. Old Horn, a little crooked old Lawyer in my fathers Youth, who made a Business of Jest and Banter, attacked an old Squaw one Day upon the Neck. The old Squaw made answer,  “You poor smitten Boy, you with your Knife in your Tail and your Loaf on your Back, did your Mother born you so?”
       A Man, whom he assaulted at another Time, with his Jests, asked him “Did you come straight from Boston?” And upon being answered yes, replied you have been miserably warped by the Way then.
       A Market Girl whom he overtook upon the Neck, and asked to let him jigg her? answered by asking what is that? What good will that do? He replied it will make you fat! Pray be so good then says the Girl as to Gigg my Mare. She’s miserably lean.

   Presumably written 22, 23, or 24 Nov. 1760.

      Novr. 25th. 1760.

       Rode to the Iron Works Landing to see a Vessell launched. And after Launching went to smoke a Pipe, at Ben. Thayers, where the Rabble filled the House. Every Room, kitchen, Chamber was crowded with People. Negroes with a fiddle. Young fellows and Girls dancing in the Chamber as if they would kick the floor thro. Zab Hayward, not finding admittance to the Chamber, gathered a Circle round him in the lower Room. There He began to shew his Tricks and Postures, and Activity. He has had the Reputation, for at least fifteen Years, of the best Dancer in the World in these Towns. Several attempted, but none could equal him, in nimbleness of heels. But he has no Conception of the Grace, the Air nor the Regularity of dancing. His Air is absurd and wild, desultory, and irregular, as his Countenance is low and ignoble. In short the Air of his Countenance, the Motions of his Body, Hands, and Head, are extreamly silly, and affected and mean.
       When he first began, his Behaviour and Speeches were softly silly, but as his Blood grew warm by motion and Liquor, he grew droll. He caught a Girl and danced a Gigg with her, and then led her to one side of the Ring and said, “Stand there, I call for you by and by.” This was spoke comically enough, and raised a loud laugh. He caught another Girl, with light Hair, and a Patch on her Chin, and held her by the Hand while he sung a song, describing her as he said. This tickled the Girls Vanity, for the song which he applied to her described a very fine Girl indeed.
       One of his witty droll sayings he thought, was this. I am a clever fellow, or else the Devil is in me. That is a Clever Girl or else the Devil is in her. Wm. Swan is such another Funmaking animal of diverting Tricks.
       Hayward took one Girl by the Hand, and made a Speech to her.

       “I must confess I am an old Man, and as father Smith says hardly capable of doing my Duty.” This raised a broad Laugh too.
       Thus, in dancing, singing songs, drinking flip, running after one Girl, and married Woman and another, and making these affected, humorous Speeches, he spent the whole Afternoon.—And Zab and I were foolish enough to spend the whole afternoon in gazing and listening.
       Gurney danced, but was modest and said nothing. E. Turner danced not, but bawled aloud.—God dam it, and dam it, and the Devil, &c.—And swore he’d go to Captn. Thayers, and be merry and get as drunk as the Devil. He insisted upon it, drunk he would get. And indeed, not 2 pence better than drunk he was.
       Fiddling and dancing, in a Chamber full of young fellows and Girls, a wild Rable of both sexes, and all Ages, in the lower Room, singing dancing, fiddling, drinking flip and Toddy, and drams.—This is the Riot and Revelling of Taverns And of Thayers frolicks.

   The “Iron Works Landing” and Benjamin Thayer’s tavern, on the Monatiquot River where it flows into Fore River Bay, may be seen at the foot of JA’s sketch map of taverns in Braintree and Weymouth, reproduced in this volume. This entire entry was omitted by CFA in editing JA’s Diary.

      1760. Novr. 26th. Wednesday.

       Ten days are now elapsed, since I began Hale the 2d time, and all the Law I have read, for 10 days, is that Book once thro. I read Woods Institute thro the first Time with Mr. Put. in twice that time i.e. in 3 Weeks, and kept a school every day. My present Inattention to Law is intolerable and ruinous.

   This entry and those that follow, through 1 Dec. 1760, are again from D/JA/4, JA’s record of studies.

      1760. Novr. 26th Wednesday.

       Night before Thanksgiving.—I have read a Multitude of Law Books—mastered but few. Wood. Coke. 2 Vols. Lillies Abridgment. 2 Vols. Salkeld’s Reports. Swinburne. Hawkins Pleas of the Crown. Fortescue. Fitzgibbons. Ten Volumes in folio I read, at Worcester, quite thro—besides Octavos and Lesser Volumes, and many others of all sizes that I consulted occasionally, without Reading in Course as Dictionaries, Reporters, Entries, and Abridgments, &c.
       I cannot give so good an Account of the Improvement of my two last Years, spent in Braintree. However I have read no small Number of Volumes, upon the Law, the last 2 Years. Justinians Institutes I have read, thro, in Latin with Vinnius’s perpetual Notes, Van Muydens Tractatio Institutionum Justiniani, I read thro, and translated, mostly into English, from the same Language. Woods Institute of the Civil Law, I read thro. These on the civil Law; on the Law of England I read Cowells Institute of the Laws of England, in Imitation of Justinian, Dr. and student, Finch’s Discourse of Law, Hales History, and some Reporters, Cases in Chancery, Andrews &c. besides occasional searches for Business. Also a general Treatise of naval Trade and Commerce, as founded on the Laws and Statutes. All this series of Reading, has left but faint Impressions, and a very Imperfect system of Law in my Head.
       I must form a serious Resolution of beginning and pursuing quite thro, the Plans of my Lords Hale, and Reeve. Woods Institutes of common Law I never read but once, and my Ld. Coke’s Commentary on Littleton I never read but once. These two Authors I must get, and read, over and over again. And I will get em too, and break thro, as Mr. Gridly expressed it, all obstructions.
       Besides, I am but a Novice in natural Law and civil Law. There are multitudes of excellent Authors, on natural Law, that I have never read, indeed I never read any Part of the best authors, Puffendorf and Grotius. In the Civil Law, there are Hoppius, and Vinnius, Commentators on Justinian, Domat, &c. besides Institutes of Cannon and feudal Law, that I have to read.
       Much may be done in two Years, I have found already. And let it be my Care, that at the End of the next two Years I be better able to shew that no Time has been lost than I ever have been yet.
       Let me practice the Rule of Pythagoras.

        Μηδ᾽ ὕπνον μαλακοῖσίν έπ᾽ ὄμμασι προσδέξασθαι
         πρίν τῶν ἡμερινῶν ἔργων τρὶς ἕκαστον επελθεῖν
        πη παρεβην; τί δ᾽ερεξα; τι μοι δεον οὐκ ετελεσθη;

       Thus let me, every night before I go to bed, write down in this Book, what Book of Law, I have read.

   Quoted from the “Golden Verses of Pythagoras,” a collection of maxims actually written by disciples of Pythagoras. Professor Johannes A. Gaertner of Lafayette College has kindly furnished the following translation: “Let not sleep be admitted to tiring eyes before going over each of the daily tasks thrice. What have I omitted? What have I achieved? What has not been finished that was my duty?” Years later JA read through the “Golden Verses” in a French translation and wrote a rather bemused marginal commentary on them which has been published by Zoltán Haraszti in More Books, 1:106–110 (April 1926). Of the first sentence in the present passage he remarked: “Wise but very difficult.” Still later, JQA prefixed a verse translation of this passage to his Diary for 1819; see his MemoirsMemoirs of John Quincy Adams, Comprising Portions of His Diary from 1795 to 1848, ed. Charles Francis Adams, Philadelphia, 1874–1877; 12 vols., 4:203.

      1760 Novr. 28th. Friday.

       I have not read one Word of Law, this Day. But several Points, and Queries have been suggested to me, by the Consultors.—In whom is the Fee, and Freehold of our burying Yard? What Right has any Man to erect a Monument, or sink a Tomb there, without the Consent of the Proprietors? In England, the Church Yards are the Places of Burial, and the Parson is seised in fee, of them as of the Ground whereon the Church stands. But our Burying Yards, as well as the Ground, on which our Temples stand, are not vested in our incumbent Ministers, but in the Precinct or Parish, (the Corporation socalled) where they lie, according to the late Resolution in the Dedham Case.
       The Property of our Meeting House, is in the Precinct, i.e. the dissenting Part of it,—And I think the Precinct, by its Committee sold the Pews to particular Persons, and perhaps, the Persons who have erected Tombs, might previously ask And obtain the Priviledge of the Precinct.

      1760. Novr. 29th. Saturday.

       Read no Law.—An exclusive Property is certainly claimed and enjoyed, by private Persons, in Tombs and Monuments, as well as in Pews. Inhabitants of other Towns, have usually asked Leave of the Select Men, to bury their dead in our burying Place. But I should think the Precinct Assessors, or Parish Committee, had rather the Inspection of our burying Yard. My Father never knew License given nor asked of Town, nor Precinct to sink a Tomb, nor to raise a Monument.
       Suppose my Father, Wife, Child, friend died, and I order the sexton, or on his Refusal my own servant to open any Tomb in our burying Yard, and without further Ceremony deposit the Corps there, can the pretended Proprietor have any Action, or Remedy against me? The Course of the Descent of these Tombs and Pews, when undisposed by Will, is a matter of uncertainty too. Do they descend to the Heirs, as Inheritances in Houses and Lands, or do they go to the Executor or Administrator, as personal Estate?
       There is an Anecdote in the Spectator, of De Wit, the famous dutch Politician. Somebody asked him how he could rid his Hands of that endless Multiplicity and Variety of Business that passed thro them, without Confusion? He answered, “by doing one Thing at once.” When he began Any Thing, he applied his whole Attention to it, till he had finished it.—This Rule should be observed in Law. If any Point is to be examined, every Book should be consulted and every Light should be considered, before you proceed to any other Business or study. If any Book is to be read, no other Book should be taken up to divert or interrupt your Attention till that Book is finished.
       Order, Method, Regularity in Business or Study have excellent Effects both in saving of Time and in bettering and improving Performance. Business done, in order, is done sooner, and better.

      Novr. 30th. Sunday.

       Read no Law. Read Bolinbroke.


Title: 1760. Decr. 1st. Monday.
From: Adams, John
To:

       I am beginning a Week and a month, and I arose by the Dawning of the Day. And by sun rise had made my fire and read a number of Pages in Bolinbroke. Tuesday and Wednesday passed, without reading any Law.


Title: 1760. Decr. 2d.
From: Adams, John
To:

       Spent the Evening at Coll. Q.’s with Captn. Freeman. About the middle of the Evening Dr. Lincoln and his Lady came in. The Dr. gave us an ample Confirmation of our Opinion of his Brutality and Rusticity. He treated his Wife, as no drunken Cobler, or Clothier would have done, before Company. Her father never gave such Looks and Answers to one of his slaves in my Hearing. And he contradicted he Squibd, shrugged, scouled, laughd at the Coll. in such a Manner as the Coll. would have called Boorish, ungentlemanly, unpolite, ridiculous, in any other Man. More of the Clown, is not in the World. A hoggish, ill bred, uncivil, haughty, Coxcomb, as ever I saw. His Wit is forced and affected, his Manners to his father, Wife, and to Company are brutally rustic, he is ostentatious of his Talent at Disputation, forever giving an History, like my Uncle Hottentot, of some Wrangle he has had with this and that Divine. Affects to be thought an Heretic. Disputes against the Eternity of Hell, torments &c. His treatment of his Wife amazed me. Miss Q. asked the Dr. a Question. Miss Lincoln seeing the Dr. engaged with me, gave her Mother an Answer, which however was not satisfactory. Miss Q. repeats it. “Dr. you did not hear my Question.”—“Yes I did, replies the Dr., and the Answer to it, my Wife is so pert, she must put in her Oar, or she must blabb, before I could speak.” And then shrugged And affected a laugh, to cow her as he used to, the freshmen and sophymores at Colledge. —She sunk into silence and shame and Grief, as I thought.—After supper, she says “Oh my dear, do let my father see that Letter we read on the road.” Bela answers, like the great Mogul, like Nero or Caligula, “he shant.”—Why, Dr., do let me have it! do!—He turns his face about as stern as the Devil, sour as Vinegar. “I wont.”—Why sir says she, what makes you answer me so sternly, shant and wont?—Because I wont, says he. Then the poor Girl, between shame and Grief and Resentment and Contempt, at last, strives to turn it off with a Laugh.—“I wish I had it. Ide shew it, I know.”—Bela really acts the Part of the Tamer of the Shrew in Shakespear. Thus a kind Look, an obliging Air, a civil Answer, is a boon that she cant obtain from her Husband. Farmers, Tradesmen, Soldiers, Sailors, People of no fortune, Figure, Education, are really more civil, obliging, kind, to their Wives than he is.—She always is under Restraint before me. She never dares shew her endearing Airs, nor any fondness for him.


Title: Decr. 6th. 1760.
From: Adams, John
To:

       Talked with Zab about Newton, Bacon, Lock, Martin, Chambers, Rowning, Desaguliers, S’Gravesende &c. I told him I had a low Opinion of the Compilers, Abridgers, and Abstract makers. We had better draw science from its fountain in original Authors. These Writers, the Hirelings of the Booksellers, only vend us the Discoveries of other Philosophers, in another form, and under another Title, in order to get Bread to eat and Raiment to put on.—Zab says, that Martin has made several Discoveries—has invented new Machines, improved and perfected old ones, nay has even detected Errors in Newton. E.g. Newton always thought, the Moon was surrounded by an Atmosphere, but Martin proved it is not; because the Starrs, that appear all round it above, below and on each side of it, are not diminished in their Lustre, as they would appear, if the Rays passed from them thro an Atmosphere.
       Then we transited to Dr. Simpson Simson, Euclid &c. and he asked me to demonstrate, that the 3 Angles of a Triangle are equal to 2 Right. I undertook it. Draw a right Line, A.B. Erect the Perpendicular, C.D. Draw the Hypothenuse D.A. Parallel to A.D. draw the Line C.E.

       Now I say that the 3 Angles ACD., CDA., and DAC are equal to two right Angles. For it is easy to see that DCA., is a right Angle, and that BCE, which is equal to CAD added to ECD, which is equal to CDA, make another right Angle. But how do I know that BCE is equal to CAD? Let the Triangle ECB, be moved along, to the left hand and by the Hypothesis CE will fall upon AD and CB Upon AC, and of Consequence the 2 Angles are equal. How then do I know that the Angle ECD is equal to ADC? See the Demonstration in Euclid.

       Then we attempted to demonstrate the 47th of the 1st Book. That the Square of the Hypothenuse is equal to the Squares of both the Legs.
       I am astonished at my own Ignorance in the french tongue. I find I can neither express my own Thoughts, in it, nor understand others, who express theirs readily in it. I can neither give nor receive Thoughts, by that Instrument.


Title: 1760. Decr. 8.
From: Adams, John
To:

        Began Machiavells  Machiavell


Title: 1760. Decr. 16th. Tuesday.
From: Adams, John
To:

       Attended the Tryal all day, between Hunt and White before Coll. Quincy, at James Bracketts.
       What will be the Consequence of this Tryal? to me, to Hunt, and to White? White has been punished, for his licentious Tittle tatle, but Hunt has gained neither Recompence nor Credit. Benja. Thayer is enraged and Prat and Pitty Pettee were enraged at me for abusing them, by asking them their Thoughts. Ben. Thayer continues so, for aught I know, or care. I fear this unsuccessful Prosecution connected with that of Lovel and Reed, will occasion squibbs, and injure my Reputation in Weighmouth. However in both I am well assured I had good Cause of Action. Lovel and Reed had good Right, tho the Justice was, I dont know what, enough to give his Judgment against them. And stories have been propagated, zealously, industriously propagated by White, with Design I believe to convince Mankind that Hunt had been guilty, or at least from a vain trifling Inclination to shew his Penetration at Hunts Expence; altho the Circumstances of suspicion against Hunt have taken such hold of Mens Minds, that no Conviction of White would have retrieved Hunts Character at all.
       It would have been much better, never to have stirred, in this Affair. The more He stirs the worse he stinks.—A Prosecution commenced with so much Temper, pursued with so much Resolution, then supported by so little Evidence and terminated by Agreement, tho in his favour, yet with so small Advantage, will give occasion for Weighmouth Tongues to wanton in obloquy, and to their sides to riot in Laughter.
       Virtues, Ambition, Generosity, indulged to excess degenerate in Extravagance which plunges headlong into Villany and folly.


Title: 1760. Decr. 18.
From: Adams, John
To:

       Justice Dyer says there is more Occasion for Justices than for Lawyers. Lawyers live upon the sins of the People. If all Men were just, and honest, and pious, and Religious &c. there would be no need of Lawyers. But Justices are necessary to keep men just and honest and pious, and religious.—Oh sagacity!
       But, it may be said with equal Truth, that all Magistrates, and all civil officers, and all civil Government, is founded and maintained by the sins of the People. All armies would be needless if Men were universally virtuous. Most manufacturers and Tradesmen would be needless. Nay, some of the natural Passions and sentiments of human Minds, would be needless upon that supposition. Resentment, e.g. which has for its object, Wrong and Injury. No man upon that supposition would ever give another, a just Provocation. And no just Resentment could take Place without a just Provocation. Thus, our natural Resentments are founded on the sins of the People, as much as the Profession of the Law, or that of Arms, or that of Divinity. In short Vice and folly are so interwoven in all human Affairs that they could not possibly be wholly separated from them without tearing and rending the whole system of human Nature, and state. Nothing would remain as it is.


Title: 1760. Decr. 27th. Saturday.
From: Adams, John
To:

       Governor Bernards Speech to the two Houses, at the opening of the present sessions, has several Inaccuracies in it. “The glorious Conclusion of the North American War.”—The N. American War is not yet concluded, it continues, obstinate and bloody, with the Cherokees, and will be renewed probably, against the french in Louisiana. However with Regard to this Province, whose Legislature, the Governor was congratulating, it may not very improperly be called a Conclusion.
       “The fair Prospect of the security of your Country being settled, upon the most sure and lasting foundations.”—Is not this sentence filled with Tautology? The security, being secured upon secure foundations? Emendation—“and the fair Prospect that now Presents itself, of Tranquility, established on lasting foundations.”—But it is not Tranquility nor safety, nor Preservation, nor Peace, nor Happiness: but it is security. Then it is not established, fixed, placed: but it is settled: and then it is not stable, permanent: but sure: Here are certainly Words used, mearly for sound.
       “This great Contest” &c. Q.—what does he mean, the War, or the Conclusion of the War? If the latter, Conquest should have been his Word: if the former, what follows is not true vizt. we may date the firm Establishment of die british Empire in N. America.—From our late successes and Acquisitions, we may date that Establishment, but not from our Misfortunes and Losses which made no Unmemorable Part of this great Contest.
       “We form these Pleasing assurances, not only from the more striking Instances of the superiority of its Power, but also from the less obvious observation of the Improvement of its Policy.”—Its Power, i.e. the british Empires Power. Instances i.e. Particulars in which it has appeared. Obvious observation, has a good Meaning, but an inelegant, inartificial sound. A Defect of Elegance, Variety, Harmony, at least.
       “The improving a Country is a more pleasing Task than the defending it:”—Improving and Defending Participles, used as substantives with the Article the before them, will never be used by a grammarian much less by a Rhetorician. I never could bear such Expressions, in others, and never could use them, myself, unless in Case of absolute Necessity, where there is no substantive to express the same Idea.
       “As I have consulted your Convenience in deferring calling you together untill this, the most Leisure time of your whole Year, &c.”— “In deferring calling,” would never have been used together, by a discerning Ear. He might have said “in deferring this session, untill,” &c.—Your whole Year! Why yours, any more than mine or others? Answer. It is not the most Leisure time of every mans whole Year. It is the most busy time of some Mens year.

       Deacon Palmers Observation upon this speech, that “he talks like a weak honest Man,” is childish. Tis superficial: Tis Prejudice: Tis a silly thoughtless Repetition of what he has heard others say.
       For, tho there are no Marks of Knavery, in it: there are marks of good sense I think. Grammatical and Rhetorical Inaccuracies are by no means Proofs of Weakness, or Ignorance. They may be found in Bacon, Lock, Newton, &c.


Title: Jany. 2nd. 1760 [i.e. 1761]. Fryday.
From: Adams, John
To:

       The Representatives in their Address to the Governor, have told him that “Great Britain is the leading and most respectable Power in the whole World.” —Let us examine this.—Is she the Leading Power, either in War or Negociation?—In War? She has no Army, not more than 50 or 60 thousand Men, whereas France has a standing Army, of 250, 000 men in Camp and in Garrison. And their officers are as gallant and skillful, their Gunners and Engineers, the most accomplished of any in Europe. Their Navy indeed is now inconsiderable, And our Navy alone has given us the Advantage. But our Navy alone will not make us the leading Power. How we can be called the Leading Power I cant see. Holland, Spain, Portugal, Denmark, and all Italy has refused to follow us, and Austria, Russia, Sweeden, and indeed almost all the states of Germany, the Prince of Hesse excepted, have followed France. The only Power, independent Power that has consented to follow us is Prussia, and indeed upon Recollection it seems to me we followed Prussia too, rather than the Contrary.—Thus we are the Leading Power without Followers.
       And, if we are not the leading Power, in War, we never have been the Leading Power in Negociation.—It is a common Place observation that the French have regained by Treaty, all the Advantages, which we had gained by Arms. Now whether this arose from the superior Dexterity of the french Plenipotentiaries, or from the universal Complaisance of the other Plenipotentiaries of Europe to France and frenchmen, it equally proves that England is not the leading Power, in Councils.
       How are we the most respectable?—The most respected, I am sure, we are not!—else how came all Europe to remain Neuters, or else take Arms against us—how came foreigners, from all Countries, to resort to France, to learn their Policy, Military Discipline, fortification, Manufactures, Language, Letters, Science, Politeness &c. so much more than to England? How comes the french Language to be studied and spoken as a polite Accomplishment, all over Europe, and how comes all Negociations to be held in french.
       And if we consider every Thing, The Religion, Government, Freedom, Navy, Merchandize, Army, Manufactures, Policy, Arts, Sciences, Numbers of Inhabitants and their Virtues, it seems to me, that England falls short in more and more important Particulars, than it exceeds the Kingdom of France.
       To determine the Character of “Leading and respectable,” as Dr. Savil does, from a few Victories and successes, by which Rules he makes Charles 12th to have been in his day, the leading and most respectable Power, and Oliver Cromwell in his, and the K. of Prussia in this, is most ignorant and silly.
       In short, “Leading and Respectable,” is not to be determined, either by the Prince, the Policy, the Army, Navy, Arts, Science, Commerce, nor by any other national Advantage, taken singly and abstracted from the rest. But that Power is to be denominated so, whose Aggregate, of component Parts, is most.


Title: 1760 [i.e. 1761]. Jany. 2nd. Friday.
From: Adams, John
To:

       Nathl. Bayley Administrator v. Nathll. Niles.—Plea in Abatement. Defendant lives on the Castle, within the Town of Boston but is called of Braintree. It seems he was born in Braintree, owns a House And Land in Braintree, and for about six Weeks past his Wife and family have lived in Braintree. The Question is therefore whether his Non Residence is a good Plea? He has not lived in Town these ten Years, but has been for all that Time, constantly resident, and employed as a Serjeant, and a Matross, on Castle William. His Wife and family have lived, in the Town of Dorchester, for some Years past, till about six Weeks ago when they removed to Braintree and at the House where his Wife and family live, the Copy of this Writ was left.—We are not the Man, that is sued in this Writ. We are not the Defendant in this Action. Mr. Nathl. Niles, the young Gentleman now in study with Mr. Marsh, in Preparation for Colledge, is the Man.—And let him Answer.—For
       We are called Nathl. Niles of Braintree. Now it has been adjudged, that, when a Man is called of such a Town, the meaning is that he is an Inhabitant of that Town, a legal Inhabitant of that Town, entituled to all the Priviledges, and compellible to bear all the Burdens of that Town. Every Man who is of Braintree i.e. an Inhabitant of Braintree, is to be rated by the assessors of Braintree for his Head. But, my Client never has been rated by our Assessors, for many Years. Suppose my Client was poor, should become a cripple or fall sick, what Town must maintain him? Not Braintree most certainly, but Boston. And why? because he is an Inhabitant of Boston and not of Braintree. There is a Difference between of Braintree and in Braintree, And in Case my Client had come into this Town with his Wife and lived here to this day, tho he could not be called of Braintree because he is no Inhabitant and liable to be warned out every day, yet if he had been styled resident in Braintree that would have done. And this is the style they give the Regular officers, for 3 Winters past several Regular officers have wintered in Boston. Several of these Gentlemen have been sued, but they are never styled of Boston, but only resident in Boston. There’s an Instance in this Town. Mr. Gliddens Wife and family, it is well known have lived in this Town chiefly for some Years, tho not constantly, but Mr. Glidden has not. Well now if Mr. Glidden sues any Man must he style himself of Braintree because his Wife and family live here and he comes up, once a fortnight to lodge with her. His Writt would abate, if he should. And I have seen several Writts, wherein he has been concerned as Party, and he has been always styled of Boston. Other Instances innumerable might be quoted. Coll. Brattle is a remarkable one. He did belong to Cambridge. He married a Wife in Boston, and lived with her there in her House, and with her family, so long that People began to take him for a Boston Man and they sued him, several of them sued him by the Name of Wm. Brattle of Boston. He pleaded in Abatement of their Writts, that he was of Cambridge and not of Boston, and he shew’d that he had, once or twice a Year, gone up to Cambridge with his family and stayed a month or two. And therefore as an uninterrupted Inhabitancy is necessary to gain a settlement in any Town and he had not Inhabited constantly in Boston, he abated their Writts, a 10 times stronger Case than this.
       The Castle Men are all considered as Inhabitants of Boston, so that No Minister will marry a Castle Man, till a Certificate is produced that he has been published in Boston.


Title: Jany. 8th. 1761.
From: Adams, John
To:

       Last Monday, had a passionate Wrangle, with Eb. Thayer, before Major Crosby. He called me, a petty Lawyer. This I resented.
       The Defendant Niles appeared by 10 o’clock, and had his Costs allowed, is:6d, for attendance, but nothing for Travel, tho he lived 8 miles off. Upon the first Appearance of the Defendants Daniel White, and Neh. Hayden, the Justice pronounced that they should have no Costs, altho no Plaintiff appeared—because they did not appear by Eleven O Clock. Now in answer to this, I say, that he never made it his Rule to allow no Costs to Defendants, appearing after 11 when no Plaintiff appeared. He has made it his Rule to call out Actions, when the Plaintiffs have appeared, upon the Non Appearance of Defendants after waiting an Hour for them. And he has made it his Rule, to allow Costs to defendants appearing at the time or within the Hour upon the Non Appearance of the Plaintiffs, after waiting an Hour for them. But I believe, he never made it his Rule till that day, to refuse Costs to Defendants appearing soon after the Hour expired when no Plaintiff appeared—so that, had it been certain that these Defendants did not appear within two Hours, he would not have been obliged by any Rule of his own Practice to refuse them Costs. But admitting his Rule had been established and absolute to allow no Costs to any Party not appearing within the Hour—It was not clear in this Case, that the Hour was out. By Captn. Thayers Watch indeed and by mine, it was after 11. But my Watch was set by Guess that morning, and by the Justices own Dial it was not yet Eleven, and by Athertons and several other Persons Judgment of Time, it was not yet Eleven; and some Allowance ought to be made, for the Difficulty of the Weather and the Travelling.
       But thirdly, the Justice ought not to establish any such unalterable Rule. The Law has made Provision that the Parties shall be paid for the whole Days Attendance. And these Defendants lived at seven 9 or 10 miles distance and could not therefore without great Difficulty, in that severe Weather, and almost impracticable Travelling, have reached the Justices House, by ten O clock:
       And to refuse them Costs for Non Compliance with such a rigorous Rule, when those suits had been commenced by Deputy Sheriffs, some of the suits vexatious, and all the Writts abateable; after they had been compelled to ride thro Cold and snow, so many miles, wasting their own and their Witnesses’ Time, and bearing their own Expences, when no Plaintiff appeared and no Body for him dared to enter his Actions; was a Peice of Oppression like that of the Bashaws in Turkey.


Title: [January? 1761.]
From: Adams, John
To:

           Messrs.

          I am an old Man, seventy odd, and as I had my Education, so I have spent my whole Life, a few months Weeks in a Year excepted, when I commonly took a Journey, in the Country. I was naturally inquisitive, and a little too talkative, in my Youth, which Qualities have perhaps increased with my Age, but as I remember, I used to swear at the vanity and Impertinence of old Nestor whose Speeches I have often read formerly in Popes Homer (a Book of which I was then, and am still very fond) I expect that younger Men will laugh at the like Vanity and Impertinence in me, which it shall be my Care therefore in this Paper, at least to avoid, because I would have the subject of it, candidly weighed.
          Indeed, scarcely any Thing that I have observed, in the Course of a long Life, deserves more Attention has a greater Influence on the Religion, Moralls, Health, Property, Liberties and Tranquility of the World. I mean public Houses.
          The Tempers, and Passions, The Prophaneness and brutal Behaviour inspired by the low sort of Company that frequents such Houses, and by the Liquors they drink there; are not very compatible with the pure and undefiled Religion of Jesus, that Religion whose first Principle is to renounce all filthiness and superfluity of Naughtiness. That Inattention to the public ordinances of Religion as well as to private Devotion which I have Reasons to think is prevalent, in these Times is no unnatural Consequence, of the very generall Resort, to these licentious Houses.
          The plentiful Use of spirituous Liquors, begins with producing a strange Confusion of Mind, appetite and Passions, too violent for the Government of Reason; proceeds to involve Men in Debt, and of Consequence, in Lying, cheating, stealing, and sometimes in greater Crimes; and ends in a total, and incurable Dissolution of Manners.
          The Effects of such Intemperance upon Health are of two Kinds. It either throws them into some acute and inflammatory fever, which carries them from the Midst of their Vices and their follies, the Mischiefs they do and the Miseries Distresses they suffer, at once into their Graves, or else it leads them by insensible Degrees, thro all the Gloom and Languor of a Chronical Distemper, despized by many, hated by more and pitied by a few, to a long expected, and desired death. Thousands, and thousands, are every Year expiring in Europe, and proportionable Numbers in America, the miserable Victims of their own Imprudence, and the ill Policy of Rulers in permitting the Causes of their Ruin to exist. Allured by the smell of these infernal Liquors, like the Ghosts, in Romances, allured by the scent of human Blood, they resort to these Houses, waste their Time, their strength and their Money, which ought to be employed in the Management of their own Affairs and families, till by degrees, much expended, little earned, they contract Habits of Calesness, Idleness, and Intemperance; their Creditors demand, they promise to pay but fail; Writts issue, Charges are multiplied, for the Maintenance of others as idle as themselves, and Executions strip them of all they have, and cast their miserable Bodies into loathsome Prisons.
          The Number of these Houses have been lately so much augmented, and the fortunes of their owners so much increased, that an Artful Man has little else to do, but secure the favour of Taverners, in order to secure the suffrages of the Rabbles that attend these Houses, which in many Towns within my observation makes a very large, perhaps the largest Number of Voters. The Consequence is that these offices and Elections, which all the wisest Legislators of the world, in humble Imitation of God and Nature have alloted to Probity and Understanding, may in Time, I dare not say have already become the Gratuity of Tiplers, for Dramms and slops! Good God! where are the Rights of English Men! where is the spirit, that once exalted the souls of Britons and emboldened their faces to look even Princes and Monarchs in the face. But perhaps I am too anxious, and In truth I must own I so revere the true Constitution of our Government, founded in those great Principles, that accomplished in a great Antiquity the Destruction of Troy, that extended in a later Period the Bounds of the Roman Empire and that produced in the English History, so many events for the Universe to admire, that I cant think of its evaporating and passing from the human Breast with Phlip and Rum, of which Event there is great Danger, without Rage.
          Last of all, innumerable Violations of the Peace and order of society, are every Day occurring, that spring originally from the same sources. Quarrells, Boxing, Duels, oaths, Curses, affrays and Riots, are daily hatching from Eggs and Spawns, deposited in the same Nests: in short these Houses, like so many Boxes of Pandora, are sending forth every day innumerable Plagues of every kind, natural, moral and political, that increase and multiply fast enough to lay waste in a little While the whole World.

          How different is this, from the state of Things in my Youth. Instead of an unmanly Retreat to the Chimny Corner of a Tavern, the young fellows of my Age were out in the Air, improving their strength and Activity, by Wrestling, running, leaping, lifting, and the like vigorous Diversions, and when satisfyed with these, resorted every one to his Mistress or his Wife. Love, that divine Passion, which Nature has implanted for the Renovation of the species, and the greatest solace of our Lives: virtuous Love, I mean, from whence the greatest Part of human Happiness originates, and which these modern seminaries have almost extinguished or at least changed into filthiness and brutal Debauch, was then considered as God intended it, both a Duty of our Nature and the greatest source of our Bliss. But it is melancholly to think that the present Prevalent Debauchery, which tends so much to shorten the Lives of the present Generation, tends also, to prevent the Propagation of a succeeding one. I really am afraid that in another Century, unless some wise Precaution should intervene, a Man of my Age will be the rarest Phenomenon.
          I should be called talkative indeed if I should attempt to develope the Causes of that strange Multiplication of such Houses, that is lately grown up. But I fear, that some select Men are induced by a foolish Complaisance, and others by Designs of Ambition to give their Approbation to too many Persons who are improper, and perhaps to too many that are proper for that Trust. I am afraid that some Justices may be induced by lucrative Motives, by mercantile Principles to augment the Manufactory or the Importation of Rum or Mollosus, without Attending to the other Consequences, which are plainly pernicious.
          But let this Paper be considered as a Warning from one who has seen better days, to Magistrates to suppress, rather than increase within their Department—to select men to discountenance Pretenders rather than encourage them in their sphere—to Parents and Masters, to restrain their Children And servants from frequenting. And in short let every Man endeavour to keep one, from suffering any Injury from them, in any Respect.

       I was too incautious, and unartful in my Proceeding, but Practice makes perfect. I should have first taken all the summonses, into my own Hand, or Powers of attorney from the Defendants. Then I should have moved that the sheriff should be directed to return his Writts, that against White and that against Hayden. Then I should have drawn a complaint, on each of them, and filed them all. Then I should have desired the Justice to make a Record of his Judgment. This would have been regular, masterly Management, but I had no Time to think and prepare.
       This is the third Time I have been before Majr. Crosbey with Thayer. The first time, he was  for John Spear. That Action was demolished. The next time he appeared for Nathan Spear against Eph. Hunt and John Vinton. Those Actions were demolished. The last time he appeared for Bayley, against Niles, White, Hayden, &c. These Actions were all demolished. Thus I have come off, pretty triumphantly every time, and he pretty foolishly. Yet I have managed none of these Cases, in the most masterly manner. I see several Inadvertent Mistakes, and omissions. But I grow more expert, less diffident &c. I feel my own strength. I see the complacent Countenances of the Crowd, and I see the respectful face of the Justice, and the fearful faces of Petty foggers, more than I did.

          Dear Nieces.
          You remember that I wrote you a new Years Address, about two Years since, containing some few Articles of Advice that I then thought would pass with Propriety, considering the Relation between us, from me to you. You are at least two Years older, than you were then, and from a careful observation of your Conduct, I have found few Occasions of Blame, and from your Conversation, and a frequent Inspection of your Compositions, I have reason to think your time has been in general, and in Comparison of the rest of your own sex, not ill improved.
          But there are numberless Particulars that I had then no Leisure to discuss, and which some Persons of our sex but more of yours think not worthy to discuss, that will fill the remainder of this Letter and be I hope no unacceptable Present, for the Year 1761.
          The first relate to the Delicacy of your own Persons and Houses. It has been the constant observation of foreigners who have lived in England, that the british Ladies are the least careful, to use no harder term, in this Respect than any Ladies, in Christendom. The Brightness of Plate and Dishes, floors, and every other Thing in a House even in a Kitchen, has been always observed by Travellers, even into Holland, where the enormous sizes of the Ladies, and their consequent sloth and Heavyness, one would think would incline them to another extreme. The same Nicety is observed in Italy, France and elsewhere, but the very general Complaint of british Ladies is that their Teeth, Necks, Hair, Perspiration and Respiration, Kichens and even Parlors are no cleaner nor sweeter than they should be. And the same ground of Complaint is in America. For my own Part, tho not very attentive to my own Person, nothing is so disgustful and loathsome to me, and almost all our sex are of my mind, as this Negligence. My own Daughters, whenever they shall grow to Years of Discretion, I am determined to throw into a great Kettle and Boil till they are clean, If I ever find them half so nasty as I have seen some. That you may gain proper sentiments on this Head, and reduce them most religiously to Practice, I recommend to your careful Reading, the Works of Dr. Swift and Dr. Shybear Shebbeare, especially the former, and let me warn you against any Prejudice to him, or his sentiments on Account of that open Defyance and Contempt in which he held your sex.
          2. The next Article is that of Dress. It may be justly considered, as the Principal Design of a young Lady from her Birth to her Marriage, to procure and prepare herself for a worthy Companion in Life. This I believe is modestly enough expressed. Now the finest face, and shape, that ever Nature formed, would be insufficient to attract and fix the Eye of a Gentleman without some Assistance and Decoration of Dress. And I believe an handsome shoe, well judged Variety of Colours, in Linnen, Laces &c., and even the Rustling of silks has determined as many Matches as any natural features, or Proportions or Motions. Hes a fool that is determined wholly by either or by both, but even a wise man will take all these, as well as others less, into Consideration.
          I cannot be supposed to be master of the whole Art of Dress, nor to give Rules for your Conduct of it. I only say study it, even of your selves. Study it even as a science, and take in Hogarths mathematicks to your Aid.
          3. The 3d is a sense of Elegance. This may perhaps include both the former, but I mean in this Place such a Disposition of the Affairs of a family, such a management of an Entertainment, and such a judicious——sentence unfinished
          Neither rich furniture nor dress, nor Provisions, without this, will ever please.
          The 4th is Behaviour in mixed Companies. I would not have you Pedants in Greek and Latin nor the Depths of science, nor yet over fond to talk upon any Thing. When your opinion is asked, give it. When you know any Thing, that the Company are at a loss for, disclose it. But what I mean is this. Attend to the Conversation of Gentlemen even when News, Politicks, Morals, Oeconomy, nay even when Literature and science but beyond the fathom of your Line make the subject: do not attempt to turn the Conversation to Billy’s Prattle—To the Doggs, or Negroes or Catts, or to any little contemptible tittle tattle of your own.
          5thly. Observations of Mankind, or what is called the World. As the House is your Theatre of Action, an Attentive Observation of Domestic Characters should be your Rule. You are in all Probability in some future Part of your Life, to have Husbands. Remark carefully the Behaviour of other Wifes, wherever you go, to their Husbands, but distinguish well between Propriety of Behaviour and the Contrary. You will probably some time or other have Children. Remark then every Mothers Management of her Children, in their Education, Morals, Behaviour, Dress, Diet &c., with the same Distinction.
          You may by a Course of Reflection on Instances of this sort among Gentle and simple form to yourselves from reason and Experience, a System of Rules that may one day produce an Hero or a Legislator, a great Statesman or Divine or some other great Character that may do Honour to the World—the Highest Pinacle of Glory to which a Woman can in Modesty aspire.
          You will also act hereafter as Mistresses. Let your Attention therefore be fixed on the Behaviour of servants and their Treatment from their Masters and Mistresses.
          In short, domestic Morality ought to be your principal study, and you ought not to suffer one Character in the Drama of a family, to be unexamined.
          6thly. Under this Head of Conversation with the World falls naturally enough that into which you must if you are not singular, and you will, if you pursue your own Inclinations, sometimes, fall—Conversation with some Person of the other Sex alone: and this before Marriage And even Courtship. Our illustrious young Monarck, indeed, will probably be married by Proxy to some Princess abroad, that he never saw: and this is for Reasons of State, no doubt necessary: Yet it is thought an Hardship, and the prevailing Custom of the World, for this Reason perhaps, allows a Prince his Mistress as an alleviation.
          And it seems, by what I see and hear, that Persons of Rank and figure even in this Province, are desirous that their Daughters should be married to Men who never saw them, by their prevailing Practice of concealing them from all Males, till a formal Courtship is opened. This Practice must proceed either from deplorable folly, an Awkward Imitation of Majesty, or else from a Consciousness of their Daughters futility and a Dread to expose them.
          But be it remembered that no Man that is free and can think, will rush blindfold, into the Arms of any such Ladies, who, tho it is possible they may prove Angells of Light, may yet more probably turn out Haggs of Hell.
          You must therefore associate yourselves in some good Degree, and under certain Guards and Restraints, even privately with young fellows. And, tho Discretion must be used, and Caution, yet on considering the whole of the Arguments on each side, I cannot wholly disapprove of Bundling.

          To Chardon.
          Lest a maiden Nicety should prevent the Correspondence, proposed the last Week, I have taken my Pen to open it, upon the lofty subject of Law. We shall be called silly, and tasteless &c. for ought I know, or care. For let the smart sayings of the gay, and the grave Satyrs, even of the wise and learned be what they will, I have for my own Part, and I thank God for it, no bad Opinion of the Law, either as a science, or a Profession.
          Why the minute Arteries and Tendons of the human Body, the organization of the human Voice, and mouth, and numberless other subjects of the like sort should be thought worthy of the Attention of a liberal Mind; and the no less Wonderful and much more important combination of Passions, Appetites, Affections, in the human Breast that operate in human society, too futile, or too disagreable, for a wise Mans Examination, I cannot imagine.—Nay if we proceed to the Positive Institutions of the Law, I cannot think them so extreamly dull, uncouth, and unentertaining as you and I have heard them represented, by some whom we love and honour.
          Multitudes of needless Matters and some that are nonsensical, it must be confessed have in the Course of Ages, crept into the Law. But I beg to know, what Art or Science can be found in the whole Circle, that has not been taught by silly, senseless, Pedants, and is not stuffed with their Crudities and Jargon.
          The Man who intends to become skilful in any science, must be content to study such Authors as have written upon it. No Man will be an adept in Grammar or Rhetoric, or Poetry, or Music or Architecture, without labouring thro a vast deal of Nonsense, and Impertinence—in short, Nonsense seems an unalienable Property of human Affairs. And it is as idle to expect, that any Artist should write well upon any subject, without intermingling some Proportion of it, as it is to expect, that a rapid Torrent should descend from the Mountains without washing some Dirt and Earth along with it.
          But if the Grandeur and Importance of a subject, has any share in the Pleasure it communicates, I am sure the Law has by far the Advantage of most other sciences.
          Nothing less than the Preservation of the Health and Properties, Lives and Tranquility, Moralls and Liberties of Millions of the human species, is the object and Designs of the Law, and a Comparison of several Constitutions of Government, invented for those Purposes, an Examination of the great Causes of their Danger, as well as those of their safety, must be as Agreable an Employment as can exercise the Mind.
          But it is a science that comprises a Multitude. And great Industry, as well as many Helps are needful, to subdue it.
          And in truth I do not know a more agreable Help, than the Correspondence of a Friend. Exchange of observations—Proposing Difficulties—stating Cases—repeating Arguments—examining sophisms—will both arouse and support our Ambition, and wear by easy Degrees, a system of Law into the Mind.
          The Plan, that I would propose then is this—for you to write me, a Report of any Case you hear argued before the Courts of Admiralty, Court of Probate, Governor and Council, Court of Sessions, Justice of the Peace &c. that you think curious. Propose Questions, for Examination, and write me Answers, to Letters from me on all the foregoing subjects.
          And if we will secrete each others Letters, we shall at least avoid the Ridicule of others. But if we should be detected, we can say that Tully and Atticus held some such Correspondence before, that never raised a Laugh in the World. And if we say this we must run off to avoid the Reply, of a Pigs turd to a Pine Apple.

       Neal v. Spear. Plea in Abatement. Defendant is a Yeoman, but not a Gentleman, as styled in the Writ.
       This Exception has an Air of Humility, that may be suspected to be feigned.
       This Exception, it must be owned has not a very honourable Air, but if the Circumstances of this Action, are considered, the Defendant will not be blamed.

        My Client is a very Poor Man, but happened to be a Bondsman for Brackett, to the Plaintiff who is rich and in no Want of the Money.

       My Client was bound to this Plaintiff, for Bracket in his Life time, in this Obligation. Bracket died, and this Plaintiff Neal brot his Action last Term against the Administratrix on Bracketts Estate, and that Action is now pending in this Court: But Bracketts Estate proves insolvent: and now Neal has brot this Action against a poor Bondsman. My Client is very poor, and unable to pay this Money, and therefore will be excused for taking all legal Advantages, till he can have some assistance from Bracketts Estate, to pay it.
       And, for my own Part I had a further, and a stronger Reason for not discouraging my Client which was this. This Writ was drawn by a Deputy Sheriff, or at least by somebody in the service and Employment of that Deputy Sheriff: and against such Writts your Honours will no doubt commend me for taking all legal Advantages.
       And this Exception is, in law fatal. If we are obliged to give any Additions to Parties we should be obliged to give the Right and not call Esquires Labourers, and Labourers Esquires.
       If it is of any Consequence to society that Ranks and subordination should be established in it, it is of Consequence that the Titles denoting those Ranks should not be confounded. Now there are no two Titles more distinct from each other than Yeoman and Gentleman. The Yeomanry and Gentry of England is the most ancient and universal of all Divisions of the People.
       Now the present Defendant is not a Gentleman in any Respect, neither by Birth, Education, Office, Reputation or Employment: and indeed I have no Reason to think him one in Thought, Word, or Deed. He springs from ordinary Parents, he can scarcely write his Name, his Business is Boating, he never had any Commissions, and therefore to call him Gentlemen is an arrant Prostitution of the Title, and ought to abate the Writ.


Title: 1761. Tuesday Jany. 27th.
From: Adams, John
To:

       Last Fryday I borrowed of Mr. Gridley, the second Volume of the Corpus Iuris Canonici Notis illustratum. Gregorii 13 Iussi editum.— complectens Decretum Gratiani. Decretales Gregorii Papae 9. Sextum Decretalium Bonifacii Papae 8. Clementinas, Extravagantes Ioannis Papae 12. Extravagantes communes.—
       Accesserunt Constitutiones Novae summorum Pontificum, nunquam antea editae, quae 7. Decretalium Loco esse possint:—Annotationes Ant. Naldi, cum Addit. novis.—Et quae in Plerisque Editionibus desiderabantur, Petri Lancelotti, Institutiones Iuris Canonici; Regulae Cancellariae Apostolicae: cum Indicibus &c.
       Mr. Gridley about 15 months since, advised me to read an Institute of the Cannon Law—and that Advice lay broiling in my Head, till last Week, when I borrowed the Book.
       I am very glad, that he gave, and I took, the Advice, for it will explain many Things in Ecclesiastical History, and open that system of fraud, Bigotry, Nonsense, Impudence, and Superstition, on which the Papal Usurpations are founded, besides increasing my skill in the latin Tongue, and my Acquaintance with civil Law, for in many Respects the Cannon Law is grafted on the civil.


Title: 1761 Monday. Feby. 9th.
From: Adams, John
To:

       This morning, as I lay abed, I recollected my last Weeks Work. I find I was extreamly diligent, constantly in my Chamber, Spent no Evenings abroad, not more than one at the Drs. Have taken no Walks, never on Horseback the whole Week, excepting once, which was on Tuesday, when I went to Boston. Yet how has this Retirement, and solitude been spent? In too much Rambling and Straggling from one Book to another, from the Corpus Juris Canonici, to Bolingbroke, from him to Pope, from him to Addison, from him to Yoricks sermons, &c. In fine, the whole Week, and all my Diligence has been lost, for want of observing De Wits Maxim, “one Thing at once.” This Reflection raised a Determination to reassume the Corpus Juris, or Rather Lancelots Institutes, read nothing else, and think of nothing else—till sometime.
       With the Week then, I begin the second Book Institutionum Juris Canonici.—De Rerum Divisione, atque illorum Administratione. Titulus primus. Res Ecclesiasticae sunt, aut spirituales, aut temporales.
       Res Spirituales sunt aut incorporales, aut corporales: et corporales dividuntur in sacramenta, in res sacras, sanctas et religiosas.
       This Institute is a curious Monument of Priestly Ambition, Avarice and subtlety. Tis a system of sacerdotal Guile.


Title: [February 1761]
From: Adams, John
To:

      1761. Friday 6 Feby.

       I have now almost finished the first book of Peter Lancelotts Institute, which first Book is taken up De Jure Personarum, and is well analized in the 29th Title De Clericis non Residentibus, in these Words vizt. “Personarum quidam Laici sunt, quidam Clerici. Rursus Clericorum, quidam sunt in Sacerdotio constituti, quidam in sacris, licet non in sacerdotio, quidam nec in sacris, nec in sacerdotio. Eorum rursus, qui in sacerdotio constituti sunt, quidam sunt in celsiore gradu, ut Episcopi: quidam in inferiore, ut Presbyteri. In sacris vero dicuntur constituti Diaconi et subdiaconi qui vero nec in sacerdotio, nec in sacris reperiuntur, ii sunt, qui sunt in Minoribus ordinibus constituti. Caeterum, quoniam adhuc quidam in Ecclesia sunt, qui non minus in Laicatu, quam in Clericatu constituti Domino Deserviunt, ut sunt Regulares ac Monachi, restat, ut et de his Pauca subjiciamus.”

   This and the following entry (the first of two dated 9 Feb.) also derive from D/JA/4, JA’s journal of studies, which contains no further entries until 20 June, when JA determined to resume reading Lancelotti’s work on canon law. Errors in JA’s transcription of Lancelotti’s Latin have not been corrected.

      1761 Monday. Feby. 9th.

       This morning, as I lay abed, I recollected my last Weeks Work. I find I was extreamly diligent, constantly in my Chamber, Spent no Evenings abroad, not more than one at the Drs. Have taken no Walks, never on Horseback the whole Week, excepting once, which was on Tuesday, when I went to Boston. Yet how has this Retirement, and solitude been spent? In too much Rambling and Straggling from one Book to another, from the Corpus Juris Canonici, to Bolingbroke, from him to Pope, from him to Addison, from him to Yoricks sermons, &c. In fine, the whole Week, and all my Diligence has been lost, for want of observing De Wits Maxim, “one Thing at once.” This Reflection raised a Determination to reassume the Corpus Juris, or Rather Lancelots Institutes, read nothing else, and think of nothing else—till sometime.
       With the Week then, I begin the second Book Institutionum Juris Canonici.—De Rerum Divisione, atque illorum Administratione. Titulus primus. Res Ecclesiasticae sunt, aut spirituales, aut temporales.
       Res Spirituales sunt aut incorporales, aut corporales: et corporales dividuntur in sacramenta, in res sacras, sanctas et religiosas.
       This Institute is a curious Monument of Priestly Ambition, Avarice and subtlety. Tis a system of sacerdotal Guile.

      1761. Feb. 9th.

       His Majesty has declared him self, by his Speech to his Parliament to be a Man of Piety, and Candor in Religion, a friend of Liberty, and Property in Government, and a Patron of Merit.
       “The Blessing of Heaven, I devoutly emplore”—“as the surest Foundation of the whole, (i.e. the Loyalty and affection of his People, his Resolution to strengthen the Constitution, the civil &c. Rights of his subjects and the Prerogatives of his Crown &c.) and the best Means to draw down the divine favour on my Reign, it is my fixed Purpose to countenance and encourage true Religion and Virtue.”— These are Proofs of his Piety.
       He promises to patronize Religion, Virtue, the british Name and Constitution, in Church and state, the subjects Rights, Liberty, Commerce, military Merit.—These are sentiments worthy of a King—a Patriot King.

   George III became king of England 25 Oct. 1760. His first speech to Parliament, 18 Nov., contained the sentence “Born and educated in this country, I glory in the name of Briton,” which, together with other sentiments of the same kind quoted (somewhat inaccurately) by JA, for a time endeared him to his subjects both at home and overseas. Text in Ann. Register for 1760, p. 248–250.


Title: March 3d. 1761.
From: Adams, John
To:

       Mem. To enquire of Tufts, Gould, Whitmarsh, Hunts, Whites, &c. about their Method of mending High Ways by a Rate.
       And to enquire at Worcester, whenever I shall get there of Chanlers, Putnam, Willard, Paine, Swan &c. about their Method. They mended their Ways by a Rate, I am sure.
       Saml. Clark, Jo. Field, Eb. Newcomb Danl. Nash, the Mirmidons of Thayer.
       Luke Lambard, Ben Hayden, Saml. Clark &c. all the Mirmidons of Thayer &c. Mirmidons, Bulldoggs, Hounds, Creatures, Tools.
       Weymouth mends her Ways by a Rate. Each Man is rated so much, and a Days Work is estimated at so much, an Horse, a Cart, Yoke of oxen &c. at so much, so each Man has his Choice, to pay his Money or to work it out.—I did not think to ask What sum they expend yearly to mend Ways.
       Quaere. How they mend their Ways, Streets, Lanes, Alleys &c. in Boston. Whether by a Rate. Is not the Town taxed for Pavement of streets &c. Q. Whether they ever permit those who choose it to work it out themselves.


Title: [March? 1761.]
From: Adams, John
To:

       Parson Smith’s Parsonage.
       Vid. 6th. Wm. & M. C. 5. Page 60.—Charter Page 6th &c. from Index to Index. All Lands &c. which any Body politick, or Corporate, Towns, Colledges or Schools, do hold &c. by or under any Grant by any general Court, or by any other lawful Right or Title whatsoever; shall be by such Towns, Colledges or Schools, their respective Heirs, successors and assigns forever hereafter held and enjoyed, according to the Purport and Intent of such respective Grant, &c., not withstanding any Want of form.
       Now in the Weymouth Case, there is a Deed to a Committee of the Town of Weymouth for the use of the Ministry, &c. and for a convenient settlement of Housing and Lands, for the Ministry, and for no other Use, Intent or Purpose whatsoever. Now I believe it must be agreed that that Committee and their Grant had no Intent or Design, of any thing but that the present Incumbent and his successors should enjoy that House and Land forever. And, it cant be thought that Either Party to that deed entertained a Thought of dividing that House and Land among 50 ministers, that shall happen to settle within the Borders of that Town, tho they may be Churchmen, Anabaptists, Quakers, Separatists, for every one of these sects, have a Minister who may be as well called one of the Ministry of Weymouth as Mr. Bayley can.


Title: [March 1761]
From: Adams, John
To:

      March 3d. 1761.

       Mem. To enquire of Tufts, Gould, Whitmarsh, Hunts, Whites, &c. about their Method of mending High Ways by a Rate.
       And to enquire at Worcester, whenever I shall get there of Chanlers, Putnam, Willard, Paine, Swan &c. about their Method. They mended their Ways by a Rate, I am sure.
       Saml. Clark, Jo. Field, Eb. Newcomb Danl. Nash, the Mirmidons of Thayer.
       Luke Lambard, Ben Hayden, Saml. Clark &c. all the Mirmidons of Thayer &c. Mirmidons, Bulldoggs, Hounds, Creatures, Tools.
       Weymouth mends her Ways by a Rate. Each Man is rated so much, and a Days Work is estimated at so much, an Horse, a Cart, Yoke of oxen &c. at so much, so each Man has his Choice, to pay his Money or to work it out.—I did not think to ask What sum they expend yearly to mend Ways.
       Quaere. How they mend their Ways, Streets, Lanes, Alleys &c. in Boston. Whether by a Rate. Is not the Town taxed for Pavement of streets &c. Q. Whether they ever permit those who choose it to work it out themselves.

   According to his Autobiography, JA was this month nominated in town meeting, or perhaps only proposed for nomination by his friend and neighbor Elisha Savil, for his first town office, that of surveyor of highways. The usually reliable Braintree Town RecordsSamuel A. Bates, ed., Records of the Town of Braintree, 1640 to 1793, Randolph, Mass., 1886. do not record his nomination or election at the annual meeting of the town on 3 March 1761 (p. 377) Either this is an error of omission, or else the account in his Autobiography telescopes JA’s very early interest in reforming the method of financing highway repairs and his later service (1764–1765) both as a member of a town committee to report a plan for “mending the Ways ... by a Tax” and as an assiduous builder of bridges and highways in the town. See Braintree Town RecordsSamuel A. Bates, ed., Records of the Town of Braintree, 1640 to 1793, Randolph, Mass., 1886., p. 395–400; also entry of 21 March, below.

   The following two paragraphs are in a different ink and were probably written later than those that precede.

      Marginal Note in Winthrop’s Lecture on Earthquakes.

       March 12th. 1761. Another Earthquake happened which may perhaps enable us to determine, whereabouts these Earthquakes originate, and what Course they take, for as all Canada is now in English hands, we may have Accounts from Montreal, Quebeck, Oswego, and the several Places upon the River St. Lawrence, at what time this Earthquake happened, its Direction and Degree of Violence.

   At foot of p. 16 in JA’s copy of John Winthrop’s Lecture of 1755 (in Boston Public Library; see other marginalia by JA in this copy, following the entry of 5? Dec. 1758, above). At this point in his lecture Winthrop was reporting such scanty data as were available on the direction of movement of earlier earthquakes in America. On the back of the titlepage of his copy JA recorded, in a separate note, that the earthquake of 12 March 1761 occurred about 2:30 A.M., “resembling ’tho not quite equalling that which gave Occasion to this Discourse, in Violence, or Duration.”

       March? 1761.

       Parson Smith’s Parsonage.
       Vid. 6th. Wm. & M. C. 5. Page 60.—Charter Page 6th &c. from Index to Index. All Lands &c. which any Body politick, or Corporate, Towns, Colledges or Schools, do hold &c. by or under any Grant by any general Court, or by any other lawful Right or Title whatsoever; shall be by such Towns, Colledges or Schools, their respective Heirs, successors and assigns forever hereafter held and enjoyed, according to the Purport and Intent of such respective Grant, &c., not withstanding any Want of form.
       Now in the Weymouth Case, there is a Deed to a Committee of the Town of Weymouth for the use of the Ministry, &c. and for a convenient settlement of Housing and Lands, for the Ministry, and for no other Use, Intent or Purpose whatsoever. Now I believe it must be agreed that that Committee and their Grant had no Intent or Design, of any thing but that the present Incumbent and his successors should enjoy that House and Land forever. And, it cant be thought that Either Party to that deed entertained a Thought of dividing that House and Land among 50 ministers, that shall happen to settle within the Borders of that Town, tho they may be Churchmen, Anabaptists, Quakers, Separatists, for every one of these sects, have a Minister who may be as well called one of the Ministry of Weymouth as Mr. Bayley can.

   First entry in D/JA/7, a “paper book” without cover, stitching, or docketing.

   The words in brackets, inadvertently omitted in MS, have been supplied from the Massachusetts Charter of 1691 (Thorpe, Federal and State ConstitutionsFrancis N. Thorpe, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America, Washington, 1909; 7 vols., 3:1877).

   James Bayley, Harvard 1719, was minister of the second or south parish of Weymouth from 1723, when Weymouth was divided into North and South Precincts, until his death in 1766. A dispute went on for many years over the interests of the two precincts in the original parsonage property. (Sibley-Shipton, Harvard GraduatesJohn Langdon Sibley and Clifford K. Shipton, Biographical Sketches of Graduates of Harvard University, in Cambridge, Massachusetts, Cambridge and Boston, 1873– ., 6:293–294; Weymouth Hist. Soc., History of Weymouth, 1923, 1:233–236.)

      March 21st. 1761.

       Memorandum. To enquire more particularly into the Practice in Weymouth—how they estimate a Days Work for a Man, Horse, Yoke of oxen, Carts, Tools, Pickaxes, Spades, shovells &c—how much Money or what a sum they assess upon the whole Town, annually, to amend their Ways?—whether the assessment is committed to the surveyor, of all within his District, &c.
       Enquire, too, at Boston of Cunningham, how they pave and repair the Pavements of their great Streets, and Lanes and Alleys &c— whether poor People are left at their Election to work or to pay? and how they apportion their assessment? But I presume it is not according to the Polls Tax but in Proportion to the Province Tax, or Town and County. So that rich Men may contribute in Proportion to their Wealth, to repairing, as they contribute most by their Equipages &c. to the wearing and spoiling the high Ways.
       But a Tax upon the Poles, and real and Personal Estates of the Town will not bring the burthen to Equality. We will suppose that John Ruggles and Caleb Hubbard are rated equally for Heads, and real and personal Estates. Caleb Hubbard Carts down £1000 Worth of Wood and Timber to the Landing Places, and so reaps three or £400 a Year Profit by improving the Ways; and by his heavy Loads, and Wheels, he breaks and cutts and crushes the Ways to Pieces. But Mr. Ruggles on the other Hand, confines himself to his farm and Canoe He neither receives Benefit from any High ways, or does any Damage to them, further than riding to Meeting on Sundays, and Town Meetings. Now what Reason, what Propriety can there be in taxing Ruggles and Hubbard equally to the high ways. One gets his living by ruining the Ways, the other neither gets a farthing by them nor does them a farthing Damage.
       The Power of a Town. The Proviso in the 11th of George Chaptr. 4th. That this Act shall not extend to the preventing or altering the Practice in any Town of defraying the Charge of repairing or amending the High Ways by a Rate or Tax, or any other Method they have or shall agree upon. The Words “agreed upon,” in this Proviso, I presume, signify “determined by the major Part of the Voters,” for the same Words “agreed upon” are used, in several other Acts, where their meaning must be so. Thus 6th. W. & M. C. 5, the Act to enable Towns, Villages, Proprietors in common and undivided Lands to sue and be sued.

           Messrs.

          I am an old Man turned of seventy. When I was young my common amuzement was Reading. I had some Engagements in Business, and was no Enemy to innocent Pleasure. But as my Circumstances were easy, I gave a greater Indulgence to my Curiosity of conversing largely with the World than most Persons of my Age, and Rank. In this Course of Life, I soon found that human Nature, the Dignity of which I heard extolled by some, and debased by others, was far from deserving that Reverence and Admiration, which is due to great Virtue and Intelligence. I found as I thought in that day a Multitude of People, who suffered themselves to be caught by hooks and snares covered over with such Bait, as would not have imposed even on fishes and Birds: and I found as I thought a few others, the Anglers of that Day whose constant Attention and Pursuit was to allure and take that Multitude. The first Instances of this sort that fell under my observation raised my Compassion and Indignation alternately. I pittyd poor deluded simplicity on one hand, and I raged against Cruelty and Wickedness on the other, and could not but think, that to rescue the Lamb from the Jaws of the Wolf would be a noble Adventure. But on further Consideration the Design seemed impracticable. The Attempt was odious. The Knaves would arise in a Combination to ruin the Reformer and the fools would be managed in no other Way than that of their Appetites and Passions. For this Reason and to avoid the pungent Misery of a disappointed, despized Patriot, I determined to make a total alteration in the Course and Nature of my Ideas and sentiments. Whenever I heard or saw an Instance of atrocious Treachery, fraud, Hypocrisy, Injustice, or Cruelty, the common Effects of excessive Ambition, Avarice and Lust, instead of indulging the sentiments of Nature, which I found were a Resentment bordering on Rage, I resolved instantly to set up a Laugh and make my self merry: whenever I saw a simple deluded Creature brot by the Craft of others to brutal Debauchery, sickness, Cold, Hunger, Prison, Whipping Post, Pillory or Gallows, instead of indulging sympathy and feeling, I set my self to laughing. I must own I found a good deal of Difficulty to command my self at first, in this bold Attempt to alter the whole system of Morality: and in spight of my Attention, a flash of Vengeance, or a Thril of Pitty, would sometimes escape me, before I could bring my Muscles into a risible Posture.
          But by long Practice I have at last obtained a settled Habit of making my self merry at all the Wickedness and Misery of the World. And the Causes of Ridicule have been every Hour increasing and multiplying from the 25th Year of my Age, when I first attempted the alteration of my Mind, to the present Hour. And now in spight of all the Infirmities of old Age I am the most tittering, giggling Mortal you ever saw.
          But the amplest source of my merriment, thru the whole Course of my Life has been the affair of English Priviledges, British Liberty and all that.
          I have heard Men every Day for fifty Years boasting, “our Constitution is the finest under heaven. We are governed by our own Laws. No Tyrant can Lord it over us. The King is as accountable for his Conduct as the subject. No Government that ever existed, was so essentially free. Every Man is his own Monarch. His Will, or the Will of his Agent, and no other can bind him.” All these gallant, blustering speeches I have heard in Words—and I never failed to raise a Horse laugh. For observe the pleasant course of these Things. The few who have real Honour, Temperance, and Understanding, who are desirous of getting their Bread and Paying their Debts by their own Industry, apply their Attention to their own Business, and leave the Affairs of Towns and Provinces to others. But a young fellow, who happens to be by Nature or by habit indolent, and perhaps profligate, begins by laying schemes by himself or his Friends, to live and get Money without Labour or Care. His first step is to procure a Deputation from some sheriff. By the Help of Writts and Executions, and drawing Writts, or employing some Child to draw them, for a share, 1/3 or 1/4 of the fee, then serving them, and Executions, carrying Tales and Intelligence from one Party to the other, then settling Disputes, vastly compassionating the Party, by taking twice lawful fees, they wheedle themselves into some Connections with the People, and considerable sums of Money into their own Pocketts.
          They presently grow capable Men very expert at Calculations, and well acquainted with the real and personal Estates of the Town and so very fit for select Men, and after 2 or 3 Years opposition from the most virtuous and independent Part of a Town they obtain an Election. After this his Reputation increases very fast. He becomes, to those not already grappled to his Interest by fear or affection, very assiduous and obliging. And when the season of the Year approaches, a swarm of Candidates for Approbation to keep Taverns or Dram shops, surround him, for his favour. For one he will use his Utmost Interest. For another, he really thinks there is Occasion for a Public House where he lives. For a Third his Circumstances are so needy he really thinks he ought to be assisted. For a 4th. he is so unable to work, that he must be assisted, and to a fifth, He likes it very well, for he thinks, the more there are the better, the more obliging they will be and the cheaper they will sell.
          Taverns and Dram shops are therefore placed in every Corner of the Town, where poor Mankind, allured by the smell of Brandy And Rum, resort, and carouse: waste their Time, spend their Money, run in Debt to Tavern and others, grow attached to the Taverner who is attached to his Patron both by Gratitude and Expectation. The Hero of this Romance, is presently extolled as a public Blessing, as the most useful Man in Town, as a very understanding and civil Man, and is at the next May Meeting set up for a Candidate as Representative. The same Body of wealthy and virtuous Persons, who opposed the first step of his Exaltation, are still resolute to oppose the second, and for the first few Years, he fails. But, by Assiduity and Impudence, by extending and fortifying the Parts of the same system, he increases his Interest, and the virtuous few begin to dread the Consequences, they resolve not to be present and wittnesses of the Disgrace of the Town. They stay at home, and the News is brought them that the Person they despized, and &c. has obtained his Election.
          In this manner Men, who are totally ignorant of all Law human and divine, natural, civil, ecclesiastical and common, are employed to make Laws for their Country, while others, who have been led by their Education to search to the Bottom of human Nature, and to examine the Effect of all Laws upon human affairs sentence unfinished

   No contemporary printing of this draft of a newspaper communication has been found.