Front Cover
No. 2 copied.
[The preceding text was added in the handwriting of Charles Francis Adams][No transcription available -- see page image]
Inside Front Cover
Page 1
BRAINTREE OCTR. 5TH. 1758.
Yesterday arrived here from
Worcester. I am this Day about beginning Justinians Institutions
with Arnold Vinnius's Notes. I took it out of the Library at
Colledge. It is intituled, D. Justiniani Sacratissimi Principis
Institutionum sive Elementorum Libri quatuor, Notis perpetuis multo, quam
hucusque, dilligentius illustrati, Cura & Studio, Arnoldi Vinnii J.C.
Editio novissima priori Progressu Juris civilis Romani, Fragmentis XII.
Tabularum & Rerum Nominumque Indice Auctior, ut ex Praefatione nostra
patet. -- Now I shall have an opportunity of judging of a dutch Commentator
whom the Dedication calls celeberrimus sua Etate in hac Academia Doctor. -- Let
me read with Attention, Deliberation, Distinction. Let me admire with
Knowledge. It is low to admire a Dutch Commentator merely because he uses
latin, and greek Phraseology. Let me be able to draw the True Character both of
the Text of Justinian, and of the Notes of his Commentator, when I have
finished the Book. Few of my Contemporary Beginners, in the Study of the Law,
have the Resolution, to aim at much Knowledge in the Civil Law. Let me
therefore distinguish myself from them, by the Study of the Civil Law, in its
native languages, those of Greece and Rome. I shall gain the Consideration and
perhaps favour of Mr.
Gridley and Mr. Pratt by this means. -- As a stimulus
let me insert in this Place justinians Adhortationem ad Studium Juris. "Summa
itaque ope et alacri Studio has Leges nostras accipite: et vosmet ipsos sic
eruditos ostendite, ut Spes vos pulcherrima foveat, toto legitimo Opere
perfecto, posse etiam nostram Rem publicam in Partibus ejus vobis credendis
gubernari." Data Constantinopoli XI. Kalendas Decembris, Domino Justiniano,
perpetuo Augusto tertium Consule.Cic. i . de Orat. -- Pergite, ut facitis,
Adolescentes, atque in id Studium in quo estis incumbite ut et vobis honori, et
Amicis Utilitati, et Reipublicae emolumento esse possitis. -- Arnoldus Vinnius
in Academia Leidensi Juris Professor fuit celeberrimus.
I have read about 10 Pages in Justinian and Translated about 4 Pages into
English. This is the whole of my Days Work. I have
smoaked, chatted, trifled, loitered away this whole day
almost. By much the greatest Part of this day has been spent, in unloading a
Cart, in cutting oven Wood, in making and recruiting my own fire, in eating
nuts and apples, in drinking
Page 2
Tea, cutting and
smoaking Tobacco and in chatting with the Doctor's Wife,
at their House and at this., Chores, Chatt, Tobacco, Tea, Steal away Time. But
I am resolved to translate Justinian and his Commentators Notes by day light
and read Gilberts Tenures by Night till I am master of both,
and I will meddle with no other Book in this Chamber on a Week day. On a Sunday
I will read the Inquiry into the Nature of the human Soul, and for Amusement I
will sometimes read Ovids Art of Love to
Mrs. Savel. -- This shall be my Method. -- I have read
Gilberts 1st Section, of feuds, this evening but am not a
Master of it.
FRYDAY.
OCT. 6.
Rose about sun rise. Unpitched a Load of Hay. Translated a Leaves more of
Justinian, and in the afternoon walked to Deacon Webbs, then
round by the
Mill Pond home. Smoaked a Pipe with Webb at the
Drs. and am now about reading over again Gilberts section of
feudal Tenures.
SATURDAY
[7 OCTOBER].
Read in Gilbert. Rode with Webb to
Mr. Cranche's. Dined and drank Tea with him, and then home.
Saturday night.
SUNDAY
[8 OCTOBER].
Read a few Leaves in Baxters Enquiry into the Nature of the human Soul. He has explaind
with great Exactness, the Resistance, which Matter makes to any Change of its
State or Condition, whether of motion or of Rest. by positive
inactivity The Vis Inertix, the positive Inactivity of matter not barely
its Inactivity, but its AntiActivity. For it not only is destitute of a Power
of changing its state from Rest to motion or from motion to Rest, but it has
the possitive Power, each single Particle has a Possitive Power of Resisting
any force that attempts to change its state. But a [illegible]
leaden Ball, held between my fingers, as soon as I withdraw my fingers, will of
itself for ought I see change its State from rest to motion and fall suddenly
to the floor. This Phenomenon is not Vis Inertiae, 'tis by no Reluctance or
Aversion to motion that it moves, but it seems to be a Tendency to motion, an
Active Principle. If it is passive the Agent that presses it downwards is
invisible. But because matter in all the Experiments I have tried, resists a
Change from rest to motion upwards, will it follow, that all matter
essentially resists a Change from rest to motion, downwards. Is it a Posteriori
from Experiments, that he deduces this Proposition, that all matter essentially
resists any Change of State, or is it a Priori from some Property that is
essentially included in our Idea of Matter that he demonstratively
[argues?] this Vis Inertiae. [illegible] Is
Inactivity, and AntiActivity, included in our Idea of Matter? Are Activity,
Perceptivity &c. Properties that we by only comparing Ideas can see to be
incompatible to any Properties of matter.
If nothing is Matter which has not this antiactive Principle, then human
Minds are not matter for they have no such Principle. We are conscious, that we
can begin and end motion of ourselves.
Page 3
If he argues a Posteriori
from Experiments, he can pretend only to Probability. For Unless he was certain
that he had made the Experiment and found the Property in every Particle of
Matter that ever was created, he could not be certain, that there was no
Particle in the World, without this Property,
tho he
had tried all but one and found that they had it. We have tried but a few
Parcells of Matter. The Utmost we can say is, that all we have tried are
inactive.
[illegible] But for Argument sake I will deny, that all
the Parcels that we have tried, have this Property. On the Contrary I will say
that all have a motive Power downwards. Powder has an Active Power springing
every Way &c. Thus Experiment is turned against the Doctrine. I cant yet
see how he will prove all matter Anti inactive a Priori from Properties of
matter before known essential, with which he must
shew
this to be necessarily connected.
MONDAY
OCTR. 9.
Read in Gilberts Tenures. I must and will make that Book
familiar to me.
TUESDAY
[10 OCTOBER].
Read in Gilbert. I read him slowly, but I gain Ideas and
Knowledge as I go along, which I dont always, when I read.
WEDNESDAY
[11 OCTOBER].
Rode to
Boston. Conversed with Ned Quincy and
Saml., Peter Chardon
&c. By the Way Peter Chardon is a promising Youth. He aspires, and will
reach to a considerable Height. He has a sense of the Dignity and Importance of
his Profession, that of the Law. He has a just Contempt of the idle, incurious,
Pleasure hunting young fellows of the Town, who pretend to study Law. He scorns
the Character, and he aims at a nobler. He talks of exulting in an unlimited
field of natural, civil and common Law, talks of nerving, sharpening the mind
by the Study of Law and Mathematicks, quotes
Locks Conduct of the Understanding and transcribes Points of
Law into a Common-Place Book on Locks Modell. This
fellows Thoughts are not employed on Songs and Girls, nor his Time, on flutes,
fiddles, Concerts and Card Tables. He will make something.
THURDSDAY
[12 OCTOBER].
Examined the Laws of this Province concerning Pads, Cattle, fences &c.
and read in Gilbert. This small volume will take me a
fortnight, but I will be master of it.
FRYDAY
[13 OCTOBER].
Read Gilbert. Went in the Evening to
Coll. Quincys. Heard a
Tryal before him, as a justice between Jos.
Field and Luke Lambert. The Case was this.
Lamberts Horse broke into Fields Inclosure,
and lay there some time, damage feasant. When Lambert found
that his Horse was there he enters the Inclosure and
altho Feild called to him and forbid
[illegible] it, waved his Hat, and Screamed at the Horse, and
drove him away, with
[out] tendering Feild
his Damages. This was a Rescous of the Horse, out of Feilds
Hands, for
altho Lambert had a
Right to enter and take out his
[Horse] tendering the
Damages, yet, as
[the] Words
[of] the Law
are
Page 4
"that whoever shall rescous any Creature out of the Hands of any
Person about to drive them to pound, whereby the Party injured shall be liable
to lose his Damages, and the Law be eluded, shall forfeit &c.," and as
Feild was actually about to drive them to Pound, and
Lambert offered him no Damages, this was
compleatly a Rescous. Feild,
after the Rescous, went to
Coll.
Quincy, made Complaint against Lambert and requested
and obtained a Warrant. The Warrant was directed to the Constable, who brought
the Offender before the justice, attended with the Complainant, and the
Witnesses ordered to be summoned. Quincy, for Defendant, took
Exception on the Warrant, to the Jurisdiction of the justice, because the sum
originally sued for, consisting of the forfeiture of 40s. to the Poor, and the
Parties Damages estimated at 9d. which was 40s -- 9d., was a greater sum than
[illegible] the justice can take Cognisance of, and because the
Words of this Act of the Province are, that this 40s -- to the Poor, and these
Damages to the Party injured shall be recovered, by Action &c., in any of
his Majesties Courts of Record. Now as the Court of a single justice is not
[illegible] one of his Majesties Courts of record
[illegible] the forfeiture and Damages prayed for in this
Complaint, cannot be recovered in this Court. The justice adjourned his Court
till 8 o'clock
in this monday morning, in order to inform himself,
1st. Whether the Court of a single justice of the Peace was one of his
Majesties Courts of Record? 2. Whether a single justice can take Cognisance of
any Matter, in which the sum originally prosecuted for is more than 40s.? If
upon Examination the
Coll. shall find, that, a
single justice has no Authority to hear and determine such a Rescous, at the
Adjournment the Proceedings will be quashed, and the Complainant must begin de
Novo, but if he finds, that a single justice has Authority, to determine the
matter, he will proceed to judgment. -- The Questions that arise, in my mind,
on this Case are these.
1. What is the true Idea, and Definition of a Court of Record? What Courts
in England and what in this Province are Courts of Record and what are not?
Wood, Jacobs, &c.
2. Whether a justice has Authority, by Warrant, to hear and determine of any
offence the Penalty of which, or the forfeiture to
the [King], the Poor, the Informer &c. is more than
40s.?
[3.] Whether a Court is denominated a
Court of Record from its keeping Records of its Proceedings?
Page 5
Whether every Court is a Court of Record, whose President is a judge of Record?
For it seems plain in Dalton that a justice of the Peace is a
judge of Record?
4. On supposition the Warrant should be quashed, who should pay the Cost of
the original Warrant, of the Defendants attendance, and of Witnesses' Oaths and
attendance? The Complainant, [illegible] who was mistaken
thro Ignorance in going to the justice for a Remedy,
or the Justice who was mistaken, in the same manner, in Acting upon the
Complaint beyond his Authority?
5. What are the Steps of prosecuting by Information? Is not a motion made in
Court, [illegible] that the Information may be amended or filed?
Are Informations ever filed, but by Attorney General? When the Penalty sued for
by the Information is half to the King or half to the Poor and the other half
to the Informer, is the Defendant committed till he discharges the Penalty? Or
is an Execution ever issued?
[6.] Tis said Courts of Record alone have Power to impose
a fine, or Imprison. [Query] which?
7. A Rescous is a Breach of Law and a Breach of the Peace, and Remedy for it
may be by Action of Trespass, which is always contra Pacem.
8. Are not justices Warrants confined to criminal matters? [illegible] May a Warrant be issued for a Trespass Quare Clausum
fregit? It may for a Trespass of assault and Battery. Justices may punish by
fine, Imprisonment, Whipping Stripes &c.
The Coll. inquired, what Punishment he could
inflict on a Constable for Disobedience to his Warrant, for not making Return
of his Doings? And he found a Case ruled in [King's] Bench
that a Constable is a subordinate officer to a justice of the Peace and is
indictable at common Law for neglect of Duty. The Malefeasance or Nonfeasance
of officers are Crimes and offences that may be inquired of, indicted or
presented by the grand jury at Common Law.
Copied.
[The preceding text was added in the handwriting of Charles Francis Adams] [This notation was added to the original
manuscript diary by Charles Francis Adams who copied many of John Adams's diary
entries into other manuscript volumes. ]
Feild took Lamberts Horses Damage feasant
in his Close once before and impounded them, and gave him verbal Notice, that
his Horses were in Pound, but neglected to give either Lambert
or the Pound keeper an account of the Damages the Horses had done him.
Lambert went to the Pound keeper and demanded his Horses,
tendering the Poundkeepers fees, and the Pound keeper delivered them up.
Page 6
Now Q. Whether Feild is injoined by any Law of the
Province, to get his Damages appraised and to lodge an account of them with the
Pound keeper?
2. Whether as he neglected this, the Pound keeper cant justify his resigning
of them to the owner?
3. If Feild had lodged an Estimation of his Damages with
the Pound keeper, and the Pound keeper had nevertheless resigned the Creatures
up, without taking the Damages, would not an Action lay against him as an
Action lies against a Prison keeper for a voluntary Escape? And Quere what
Action would be proper. I want a form of an Action of Escape, now.
4. It cant be called an indirect Way of delivering his Creatures out of
Pound, [illegible] to [illegible] pay or tender the
Poundkeeper his fees and demand and receive his Cattle of him, when he has
unlocked and opened the Pound Gate and turned the Creatures out? So that it
will not admit a Quere whether Lambert is liable to an Action
for receiving his Horses of the Pound keeper. Tis plain I think he is not.
MONDAY
[16 OCTOBER].
Read a few Pages in Gilbert. I proceed very slowly.
TUESDAY
[17 OCTOBER].
Read in Gilbert. Went to
Monatiquot to see the Raising of the new Meeting House. No
Observations worth noting.
I have not Spirits, and Presence of mind, to hunt up objects seek
out scenes of Observation, and to watch critically the Air, Countenances,
Actions and Speeches of old men, and young men, of old Women and young Girls,
of Physicians and Priests, of old Maids and Batchelors. I should chatter with a
Girl, and watch her Behaviour, her answers to
Questions, the workings of Vanity and other Passions in her Breast. But objects
before me dont suggest proper Questions to ask, and proper Observations to
make, so dull and confused at present is my mind. -- Betsy
Niles affects to trip lightly across the floor, to act with a
Sprightly Air, and to be polite. But she is under Restraint, and awe, from her
Unacquaintance with Company. Saw Lawyer
Thachers Father, at Mr. Niles's. He said old
Coll. Thatcher of Barnstable was an
excellent man. "He was a very holy man. I used to love to hear him pray. He was
a Counsellor, and a Deacon. I have heard him say, that of all his Titles, that
of a Deacon, he tho't the most honourable." - [Query] is he a new
Light? Old Age has commonly a sense of the Importance and Dignity of Religion.
I dare say, he is not well pleased with his son's professing the Law. He had
rather have him a Deacon.
WEDNESDAY
[18 OCTOBER].
Went to
Boston.
Bob Paine. I have ruined myself, by a too eager Pursuit of
Wisdom. I have now neither Health [illegible] enough for an
active Life, nor Knowledge enough for a sedentary one. Quincy. We shall never
make your great fellows.
Thus Paine and Quincy both are verging to
Despair.
Page 7
Paine. If I attempt a Composition, my Thoughts are slow and
dull.
Paine is discouraged, and Quincy has not
[illegible] Courage enough to harbour a
Thought of acquiring a great Character. In short, none of them have a
foundation that will support them. P. Chardon seemed to me in
the directest Road to Superiority. Pains Face has lost its Bloom, and his Eye
its Vivacity and fire. His Eye is weak, his Countenance pale and his Attention
unsteady. And what is worse, he suffers this decline of Health to retard,
almost to Stop his studies. And Q's dastard soul is afraid to aim at great
Acquisition.
Paine (to me). You dont intend to be a Sage, I suppose.
Oh! P. has not Penetration to reach the Bottom of my mind. He dont know me.
Next time I will answer him, A Sage, no. [illegible] Knowledge eno' to keep out of
fire and Water, is all that I aim at.
I borrowed yesterday of Quincy, the 1 st Volume of
Batista Angeloni's Letters, and a general Treatise of naval
Trade and Commerce as founded on the Laws and Statutes of this Realm in which
those (Laws and Statutes I suppose) relating to his Majesties Customs,
Merchants, Masters of Ships, Mariners, Letters of Marque, Privateers, Prizes,
Convoys, Cruizers &c. are particularly considered and treated with due Care
under all the necessary Heads from the earliest time down to the present, 2nd
Edition in 2. Volumes. Read Angeloni thro I believe, and studied, carefully, about a dozen
Pages in mercantile Law. Angelonis Letters are all of a Piece.
He has an odd System of Faith, viz. that Utility is Truth and therefore that
Transubstantiation is true, and Auricular Confession is true because they are
useful, they promote the Happiness of mankind. Therefore Rain is true because
it is useful in promoting the Growth of Herbs, and fruits and flowers, and
consequently of Animals for mans Use. [illegible] This is very
different from Mathematical Truth, and this Explanation of his meaning gives
Room to suspect that he disbelieves a Revelation, himself, tho he thinks it useful for the World to believe it.
He reasons, who can conceive that a Being of infinite Wisdom, Justice and
Goodness, would suffer the World to be governed 2000 [years]
by a Religion that was false. But may not this Question be asked of the
Mahometan, the Chinese, in short
of every Religion under the sun, and will not the Argument equally prove them
all to be true?
What Passion is most active and prevalent in
Dr.
Savel's mind? The Desire of Money. He retails Sugar by the Pound,
[illegible] by the bunch, Pins, Pen knifes, to save these
Articles in his family, and
Page 8
neat a few Shillings Profit. He
[illegible] makes poor People who are in his Debt
[illegible] pay him in
Labour. He
bargains with his Debtors in the 2 other Parishes for Wood, which he sends to
the Landing Place, and to Dr. Marshes. Thus by practice of
Physick, by
trading in trading and
bargaining and scheming he picks up a Subsistance for his family and gathers
very gradually, Additions to his Stock. But this is low. The same Application,
and scheming in his Profession, would raise and spread him a Character, procure
him profitable Business and make his fortune. But by this contemptible
Dissipation of mind, among Pins, Needles, Tea, Snuff Boxes, Vendues, Loads of
Wood, day
labour &c. he is negligent of the Theory
of his Profession, and will live and die unknown. -- These driveling souls, oh!
He aims not at fame, only at a Living and a fortune!
SATURDAY
[21 OCTOBER].
Rose with the sun. took the horse Brot up the Horse and took a
Ride over
Penns Hill, as far as John Haywards in a cold,
keen, blustering N. Wester. Returned and breakfasted. I feel
brac'd, as if the cold [illegible] clear Air had given a Spring
to the System. -- I am now sett down to the Laws
relating to naval Trade and Commerce. Let me inquire of the next Master of a
Ship that I see, what is a Bill of Lading, what the Pursers Book. What Invoices
they keep. What Account they keep of Goods received on Board, and of Goods
delivered out, at another Port, &c.
SUNDAY
[22 OCTOBER].
Conversed with Capt. Thatcher
about commercial affairs. -- When he receives a freight of Goods on board his
Vessell, he signs 3 Bills of Lading (a Bill of
Lading, by the Way, is [illegible] a List of the several
Articles, and the Receipt of them signed by the Master) one two of
which the Merchant keeps, and [illegible] the other he incloses
in a Letter to his Correspondent to whom he sends the Goods and sends it by the
Vessell. When the Master arrives at the Port he is
destined to, he delivers the Letter, and then the Goods to his Employers
Correspondent, who upon Receipt indorses the Bill of Lading, and delivers it up
to the Master, and this Bill thus endorsed, will [illegible] the
other two in the Merchants Hands. The Receiver of Goods pays the some
Masters freight.
Some Voyages, We have nothing to do, but receive Goods on board, keep them
safely on the Voyage and deliver them safely to the Merchant to whom they are
directed. But sometimes we make Trading Voyages. We carry a Cargo of Goods, to
sell for money or exchange for other Goods, in the most profitable manner we
can.
Page 9
Here we keep a regular Account, make the owners Debtors for
Goods that we buy or receive, and give them Credit for Goods that we deliver
out.
Copied. ["Copied. " added by Charles Francis Adams] [This notation was added to the original
manuscript diary by Charles Francis Adams who copied many of John Adams's diary
entries into other manuscript volumes. ]
MONDAY
[23 OCTOBER].
Rode to
Boston. Arrived about 1/2 after 10. Went into the Court House,
and sett down by Mr. Paine
att the Lawyers Table. I felt Shy, under Awe and concern,
for Mr. Gridley, Mr. Prat,
Mr. Otis, Mr.
Kent, and Mr. Thatcher were all present and looked
sour. I had no Acquaintance with any Body but Paine and
Quincy and they took but little Notice. However I attended
Court Steadily all Day, and at night, went to Consort with Samll.
Quincy and Dr. Gardiner.
There I saw the most Spacious and elegant Room, the gayest Company of Gentlemen
and the finest Row of Ladies, that ever I saw. But the weather was so dull and
I so disordered that I could not make one half the observations that I wanted
to make.
WEDNESDAY
[25 OCTOBER].
Went in the morning to Mr. Gridleys, and asked the
favour of his Advice what Steps to take for an
Introduction to the Practice of Law in this County. He answered "get
sworn."
Ego. But in order to that, sir, as I have no Patron, in this County.
G. I will recommend you to the Court. Mark the Day the Court adjourns to in
order to make up judgments. [illegible] Come to Town that Day,
and in the mean Time I will speak to the Bar for [illegible] the
Bar must be consulted, because the Court always inquires, if it be with Consent
of the Bar.
Then Mr. Gridley inquired what Method of Study I had
pursued, what Latin Books I read, what Greek, what French. What I had read upon
Rhetorick. Then he took his Common Place Book and
[illegible]
gave me Ld. Hales Advice to a Student of the Common Law, and
when I had read that, he gave me
Ld.
[Chief ] [Justice]
Reeves Advice
[to] his Nephew, in the Study of the
common Law. Then He gave me a Letter from Dr. Dickins, Regius
Professor of Law at the University of Cambridge, to him, pointing out a Method
of Studying the civil Law. Then he turned to a Letter He wrote himself to
judge Lightfoot, Judge of the Admiralty in Rhode Island,
directing to a Method of Studying the Admiralty Law. Then Mr.
Gridley run
[illegible] a Comparison between the
Business and studies of a Lawyer or Gentleman of the Bar, in England, and that
of one here. A Lawyer in this Country must study common Law and civil
Page 10
Law, and natural Law, and Admiralty Law, and must do the duty of
[illegible] a Counsellor, a Lawyer, an Attorney, a sollicitor,
and even of a scrivener, so that the Difficulties of the Profession are much
greater here than in England.
The Difficulties that attend the study may discourage some, but they never
discouraged me. [Here is conscious superiority.]
I have a few Pieces of Advice to give you Mr. Adams. One is
to pursue the Study of the Law rather than the Gain of it. Pursue the Gain of
it enough to keep out of the Briars, but give your main Attention to the study
of it.
The next is, not to marry early. For an early Marriage will
[illegible] obstruct your Improvement, and in the next Place,
twill involve you in Expence.
Another Thing is not to keep much Company. For the [illegible]
application of a Man who aims to be a lawyer must be incessant. [illegible] His Attention to his Books must be constant, which is
inconsistent with keeping much Company.
In the study of Law the common Law be sure deserves your first and last
Attention, and He has conquered all the Difficulties of this Law, who is Master
of the Institutes. You must conquer the Institutes. The Road of Science is much
easier, now, than it was when I began sett
out. I began with Co. Litt. and broke thro.
I asked his Advice about studying Greek. He answered it is a matter of meer
Curiosity. -- After this long and familiar Conversation we went to Court.
Attended all Day and in the Evening I went to ask Mr.
Thatchers Concurrence with the Bar. Drank Tea and spent the whole
Evening, upon original sin, Origin of Evil, the Plan of the Universe, and at
last, upon Law. He says He is sorry that he neglected to keep a common Place
Book when he began to study Law, and he is half a mind to begin now.
Thatcher thinks, this County is full.
Page 11
THURDSDAY
[26 OCTOBER].
Went in the morning to wait on Mr. Prat. He inquired if I
had been sworn at
Worcester? No. Have you a Letter from
Mr. Putnam to the Court? No. It
would have been most proper to have done one of them things first. When a young
Gentleman goes from me into another County, I always write in his
favour to the Court in that County, or if you had been
sworn, there, you would have been intitled to be sworn here. But now, no Body
in this County knows any Thing about you. So no Body can say any Thing in your
favour, but by hearsay. I [illegible]
believe you have made a proper Proficiency in science, and that you will do
very well from what I have heard, but that is only hearsay. [How different is
this from Gridleys Treatment? Besides it is weak, for
[illegible] neither the Court nor the Bar will question the
Veracity of Mr. Gridly and Mr. Prat, so that
the only Uncertainty that can remain is whether Mr. Putnam was
in Earnest, in the [illegible] Account he gave of my Morals and
Studies to them Gentleman, which cannot be removed by a Line from him, or by my
being sworn at
Worcester, or any other Way than by getting Mr.
Putnam sworn.] After this, he asked me a few, short Questions about
the Course of my studies which I answered, and then came off as full of Wrath
as [I] was full of Gratitude when I left
Gridley the morning before. Prat is
infinitely harder of Access than Gridley. He is ill natured,
and Gridley is good natured. -- Attended Court all Day, and at
night waited on Otis at his office where I conversed with him
and he, with great Ease and familiarity, promised me to join the Bar in
recommending me to the Court. Mr. Gridley lent me Van
Muydens Compendiosa Institutionum Justiniani Tractatio in usum
Collegiorum. Editio tertia prioribus Auctior et emendation. Pax Artium Altrix.
-- After I have mastered this, I must read Hoppius's
Commentary on Justinian. The Design of this Book is [to]
explain the technical Terms of the civil Law, and to settle the Divisions and
Distributions of the civil Law. By the Way this is the first Thing a student
ought to aim at, viz. distinct Ideas under the terms and a clear apprehension
of the Divisions and Distributions of the science. This is one of the principal
Excellences of Hawkins's Pleas of the Crown, and it is the
very End of this Book of Van Muyden's.
Page 12
Let me remarke here one important neglect of the last Week. I omitted
minuting the Names of the Cases that were tried at Trial in my Ivory
Book, and I omitted to keep Pen, Ink and Paper at my Lodgings, in order to
comitt to Writing, at Night, the Cases and Points of Law that were argued and
adjudged in the Day.
Let me remember to mark in my Memorandum Book, the Names of the Cases, and
the Terms and Points of Law that occur in each Case, to look these Terms and
Points in the Books at Otis's, Prats or any
other office, and to digest and write down the whole in the Evening at my
Lodgings. This will be reaping some real Advantage, by my Attendance on the
Courts, and, without this, the Observations that I may make will lie in total
Confusion in my mind.
FRIDAY,
SATURDAY, SUNDAY, MONDAY [27-30 OCTOBER].
All Spent in absolute Idleness, or what is worse, gallanting the Girls.
TUESDAY
[31 OCTOBER].
Set down, and recollected my self, and read a
little in Van Muyden, a little in naval Trade and
Commerce.
WEDNESDAY
[1 NOVEMBER].
Read a little in Van Muyden, and a little in naval Trade
and Commerce.
THURDSDAY
[2 NOVEMBER].
Rode as far as Smelt Brook. Breakfasted, made my fire and am now set down to
Van Muyden in Earnest. His latin is easy, his definitions are
pretty clear, and his Divisions of the subject, are judicious.
SUNDAY
[5? NOVEMBER].
Drank Tea with at Coll.
Quincy's. He read to me a Letter Coll. Gouch wrote him in answer to his Questions,
whether a justices Court was a Court of Record? and then concluded, "So that
Sammy was right, for he was all along of that Opinion. I have
forgot what your Opinion was?" [This must be a Lye, or else Partiality and
parental affection have blotted out the Remembrance that I first started to his
son Sam and him too, the Doubt whether he had Jurisdiction as
a justice -- and made him really imagine, what he wished had been true viz.
that Samll. had started it. If he did remember he knew it was
insult to me. But I bore it. Was forgetfulness, was Partiality, or was a
cunning Design to try if I was not vain of being the Starter of the Doubt, the
true Cause of his saying, He forgot what my Opinion was.]
Page 13
Sam has the utmost Reason to be grateful to Mr.
Pratt. He will have an opportunity 100 times better than Mr.
Prat had of rising [illegible] into the Practice and
Reputation of the Law. I want to see and hear Sam at the Bar.
I want to know how he will succeed. I am concerned for him. The
Govr. a likes Sam much better
than Ned. [illegible] He has seen or heard some
of Neds freaks. This is a [illegible] Partiality
in favor of one Child and against another quite indecent in a father. Tis great
Weakness to expose himself so before Strangers.
MONDAY
[6? NOVEMBER].
Went to Town. attended upon Court. Went to Mr.
Gridleys office, but he had not returned to Town from
Brookline. Went again. Not returned. Attended Court till after
12 and began to grow uneasy expecting that Quincy would be
sworn and I have no Patron, when Mr. Gridly made his
Appearance, and on sight of me, whispered to Mr. Prat,
Dana, Kent,
Thatcher &c. about me. Mr. Prat said no
Body knew me. Yes, says Gridley, I have tried him, he is a
very sensible Fellow. -- At last He rose up and bowed to his right Hand and
said "Mr. Quincy," when Quincy
[illegible] rose up, then bowed to me, "Mr.
Adams," when I walked out. "May it please your Honours, I have 2 young Gentlemen Mr. Q.
and Mr. Adams to present for the Oath of an Attorney. Of
Mr. Q. it is sufficient for me to say he has lived 3 Years
with Mr. Prat. Of Mr. Adams, as he is unknown
to your Honours, It is necessary to say that he has
lived between 2 and 3 Years with Mr. Putnam of
Worcester, has a good Character from him, and all others who
know him, and that he was with me the other day several Hours, and I take it he
is qualified to study the Law by his scholarship and that he has made a very
considerable, a very great Proficiency in the Principles of the Law, and
therefore that the Clients Interest may be safely intrusted in his Hands. I
therefore recommend him with the Consent of the Bar to your Honors for the
Oath." Then Mr. Prat said 2 or 3 Words and the Clerk was
ordered to swear us. After the Oath Mr. Gridley took me by the
Hand, and wished me much joy and recommended me to the Bar. I shook
Hands with the Bar, and received their Congratulations, and invited them over
to Stones to drink some Punch. Where the most of us resorted, and had a very
chearful [Chat?].
Page 14
TUESDAY.
DECEMBER 3 OR 4 [i.e. 5?].
Bob Paine is conceited and pretends to more Knowledge and
Genius than he has. I have heard him [illegible] say that he took
more Pleasure in solving a Problem in Algebra than in a frolick. He told me the other day, that he was as curious
after a minute and particular Knowledge of Mathematicks and Phylosophy, as I could be about the Laws of
Antiquity. [illegible] By his Boldness in Company, he makes
himself a great many Enemies. His Aim in Company is to be admired, not to be
beloved. He asked me what Duch Commentator I meant? I said
Vinnius. -- Vinnius, says he,
[illegible] (with a flash of real Envy, but pretended Contempt,)
you cant understand one Page of Vinnius. -- He must know that
human Nature is disgusted with such incomplaisant Behaviour. Besides he has no Right to say that I dont
understand every Word in Vinnius, or even in
[illegible] for he knows nothing of me. For the future let me
[illegible] act the Part of a critical spy upon him, not that of
an open unsuspicious friend. -- Last Superiour
Court at
Worcester he dined in Company with Mr. Gridly,
Mr. Trowbridge, and several others, at
Mr. Putnams, and altho a modest
attentive Behaviour would have best become him in
such a Company, yet he tried to ingross the whole Conversation to himself. He
did the same, in the Evening, when all the judges of the Superiour Court with Mr. Winthrop,
Sewall, &c. were present, and he did the same last
Thanksgiving day, at Coll.
Quincies, when Mr. Wibirt, Mr.
Cranch &c. were present. This Impudence may
[illegible] sett the Million a Gape at him
but will make all Persons of Sense despize him, or
hate him.
That evening at Putnams, he called me, a Numbskull and a
Blunder Buss before all the Superiour Judges. I was
not present indeed, but such expressions were indecent and tended to give the
judges a low Opinion of me, as if I was despized by
my Acquaintance. He is an impudent, illbred,
conceited fellow. Yet he has Witt, sense, and Learning, and a great deal of
Humour, and has of Virtues Virtue and Piety
except his fretful, peevish, complaining Childish Complaints against
the Disposition of Things. This Character is drawn with Resentment of his
ungenerous Treatment of me, and Allowances must therefore be made, but these
are unexaggerated facts.
Page 15
Lambert [illegible] setts up for a Witt and a Humourist. He
[illegible] is like a little nurley ill natured Horse that
[illegible] kicks at every Horse of his own size,
[illegible] but lears and shears off from every one that is
larger. [illegible] I should mind what I say before him for he
[illegible] [is] always watching for wry Words
to make into a droll story to laugh at. He laughs at John
Thayer, for saying, "Lambert, I am sorry
[I] am your good Friend I am sorry. This will cost you
between 2 and 3 hundred Pounds." And it was a
silly, [impertinent?], ignorant Speech. He laughs at
Field for being nettled at his laughter.
Field complained that he laughed at him.
Lambert said, I will laugh when I please. If you carry me to
the Rat hole I will laugh all the Way, and after I get there. -- Such fellows
are hated by all mankind, yet they [illegible] rise and make a
figure, and People dred them. [illegible]
Altho men of [illegible] bitter
witt, are hated and feared, yet they are respected, by the World.
Quire, was there ever a Witt, who had much Humanity and Compassion, much
Tenderness of Nature? Mr. Congreve was tender,
extreamly tender of giving offence to any man. Dr. Arbuthnot was as
great a Wit and Humourist, yet he was tender, and prudent. Mr.
Cranch has Witt, and is tender and [gentle?].
The other Night I happened to be at the Drs., with Ben.
Veasey. He began to prate upon the Presumption of Philosophers in
erecting Iron Rods to draw the Lightning from the Clouds.
[illegible] His Brains were in a ferment with strong Liquor and
he [illegible] railed, and foamed against those Points and the
Presumption that erected them, in Language taken partly from Scripture and
partly from the drunken Disputes of Tavern Philosophy, in as wild mad a manner
as King Lear raves, against his Daughters Disobedience and
Ingratitude, and against the meaness of the Storm
in joining with his Daughter against him in Shakespears
Lear. He talked of presuming upon God as
Peter attempted to walk upon the Water, attempting to
controul the Artilry of
Heaven, an Execution that Mortal man cant Stay -- the Elements of Heaven, fire,
Heat, Rain, Wind, &c.
Let me search for the Clue, which Led great Shakespeare
into the Labyrinth of mental Nature! Let me examine how men think.
Shakespeare had never seen in real Life Persons under the
Influence of all those Scenes of Pleasure and distress, which he has described
in his Works, but he imagined how a Person of such a Character would behave in
such Circumstances, by analogy from the Behaviour
of others that were most like that Character in [illegible]
nearly similar Circumstances, which he had seen.
Page 16
MONDAY.
DECEMBER 18TH. 1758
I this Evening delivered to Mr. Field, a Declaration in
Trespass for a Rescue. I was obliged to finish it, without sufficient
examination. [illegible] If it should escape an Abatement, it is
quite indigested, and unclerklike. I am ashamed of it, and concerned for it. If
my first Writt should be abated, if I should throw a large Bill of Costs on my
first Client, my Character will suffer and Business will suffer
greatly. It will be said, I dont understand my Business. No one will trust his
Interest in my hands. I never Saw a Writt, on that Law of the Province. I was
perplexed, and am very anxious about it. Now I feel the Dissadvantages of
Putnams Insociability, and neglect of me. Had he given me now
and then a few Hints concerning Practice, I should be able to judge better at
this Hour than I can now. I have Reason to complain of him.
[illegible] But, it is my Destiny to dig Treasures with my own
fingers. No Body will lend me or sell me a Pick axe. How this first Undertaking
will terminate, I know not. I hope the Dispute will be settled between them, or
submitted, and so my Writt never come to an Examination. But if it should I
must take the Consequences. I must assume a Resolution, to bear without
freting.
Heard Parson Wibirt exert his Casuistry to J.
Spear. Warned him against selling his [drowned?] Sheep
for merchantable Mutton. It was not so nutritive nor palatable as Mutton
butchered [illegible] and dressed, and therefore, was not worth
the same Price, and it would be an Imposition and a Cheat that his Conscience
must disapprove to describe it and sell it as good Mutton. He could not
without [sentence unfinished.]
Page 17
WEDNESDAY
[20 DECEMBER].
I am this forenoon, resuming the Study of Van Muyden. I
begin at the 99th Page.
THURDSDAY
[21 DECEMBER].
Yesterday and to day I have read loud,
Tullius 4. Orations against Cataline.
[illegible] The Sweetness and Grandeur of his sounds, and the
Harmony of his Numbers give Pleasure enough to reward the Reading if one
understood none of his meaning. Besides I find it, a noble Exercise.
[illegible] It exercises my Lungs, raises my Spirits, opens my
Porrs, quickens the Circulations, and so contributes
much to Health.
TUESDAY,
26 OF DECEMBER.
Being the Evening after Christmas, the Dr. and I spent the Evening with
Mr. Cleverly and
Major Miller. Mr.
Cleverly was chearful, alert, sociable and
complaisant. So much good sense, and knowledge, so much good Humour and Contentment, and so much Poverty, are not to be
found, in any other House I believe in this Province. I am amazed that a man of
his Inginuity, and sprightliness, can be so shiftless. But what avails a noisy
fame, a plentiful fortune, and great figure and Consideration in the World?
Neither Prat nor Gridley,
Mayhew nor Eliot,
Stockbridge nor Hersey appear more easy and
happy with all their wealth and Reputation, than he with neither. Major
Miller was sedate, but the Conversation was not to his Taste. He began
to tell what this and that fellow said, what Coll. Oliver did at
Dorchester and what he did at
Deadham, but he said very little on the whole. Both of them took
unused freedoms with Coll.
Quincy and his Brother .
They are determined to esteem them both Knaves and fools.
FRIDAY
[29 DECEMBER].
Let me see, if Bob [Paine] dont pick up
this Story to laugh at. Lambert will laugh no doubt, and will
tell the story to every man he sees, and will squib me about it, whenever he
sees me. He is impudent and unfair enough, to turn this on every Occasion to my
Disadvantage. Impudence, Drollery,Villany,
[illegible] in Lambert, Indiscretion,
Inconsideration, Irresolution, and ill Luck in me, and Stinginess as well as
ill Luck on the Side of Field, all unnite in this Case to injure me.
Page 18
Fields Wrath waxed hot this morning. When he found himself
defeated a second time. He wished the affair in Hell, called
Lambert a Devil and said, "That's always the Way in this Town,
when any strange Devil comes into Town, he has all the Priviledges of the Town."
Let me Note the fatal Consequences of Precipitation. My first
[illegible] Determination, what to do in this affair was right. I
determined not to meddle. But By the cruel Reproaches of my
Mother, by the Importunity of Field, and by the
fear of having it thought I was incapable of [illegible] drawing
the Writt, I was seduced from that determination, and what is the Consequence?
The Writt is defective. It will be said, I undertook the Case but was unable to
manage it. This Nonsuit will be in the mouth of every Body.
Lambert will proclaim it.
Let me never undertake to draw a Writt, without sufficient Time to examine,
and digest in my mind all the Doubts, Queries, Objections that may arise. --
But no Body will know of any Abatement except this omission of the County.
An opinion will spread among the People, that I have not Cunning enough to
cope with Lambert. I should endeavour at my first setting out to possess the People
with an Opinion of my subtilty and Cunning. But
this affair certainly looks like a strong Proof of the Contrary.
SATURDAY
[30 DECEMBER].
How a whole Family is put into a Broil sometimes by a Trifle.
My P. and
M.
disagreed in Opinion about boarding Judah, that Difference
occasioned passionate Expressions, those Expressions made
Dolly and Judah snivell,
Peter observed and mentioned it, I faulted him for it, which
made him mad and all was breaking into a flame, when I quitted the Room, and
took up Tully to compose myself. My P. continued cool
and pleasant a good while, but had his Temper roused at last,
tho he uttered not a rash Word, but resolutely
asserted his Right to govern. My Mamma was determined to
know what my P. charged a Week for the Girls Board.
P. said he had not determined what to charge but would
have her say what it was worth. She absolutely refused to say. But "I will know
if I live and breath. I can read yet. Why dont you tell me, what you charge?
You do it on purpose to
teaze me. You are mighty arch
this morning. I wont have all the Towns Poor brought here, stark naked, for me
to clothe for nothing. I wont be a slave to other folks folk for nothing."--
And after the 2 Girls cryed.
Page 19
-- "I must not speak a Word
[to] your Girls, Wenches, Drabbs. I'le kick both their
fathers, presently.
[You] want to put your Girls over me, to
make me a slave to your Wenches." Thus when the Passions of Anger and
Resentment are roused one Word will inflame them into Rage.
This was properly a conjugal Spat. A Spat between Husband and Wife. I might
have made more critical observations on the Course and Progress of human
Passions if I had steadily observed the faces, Eyes, Actions and Expressions of
both Husband and Wife this morning.
[illegible]
M. seems to have no Scheme and Design in her Mind to
persuade P. to resign his Trust of Selectman. But when
she feels the [illegible] Trouble and Difculties that attend it
she fretts, squibs, scolds, rages, raves.
None of her Speeches seem the Effect of any Design to get rid of the
Trouble, but only natural Expressions of the Pain and Uneasiness, which that
Trouble occasions. Cool Reasoning upon the Point with my
Father, would soon bring her to his mind or him to hers.
Let me from this remark distinctly the Different Effects of Reason and Rage.
Reason, [illegible] Design, Scheme, governs pretty constantly in
Puts [Putnams] House, but, Passion,
Accident, Freak, Humour, govern in this House. Put
knows what he wants, and knows the Proper means to procure
[illegible] it, and how to employ them. He employs, Reason,
Ridicule, Contempt, to work upon his Wife.
I feel a fluttering concern upon my mind.
Andrew Oliver is a very sagacious
Trifler. He can decypher, with surprizing
Penetration and Patience, any Thing wrote in signs, whether English, Latin, or
French. But to what Purpose? Tis like great skill and Dexterity in Gaming, used
only for Amuzement. With all his Expertness he never wins any Thing. But this
is his Way to fame. One man would be a famous Orator, another a famous
Physician, another a famous Phylosopher, or a
4th a famous Dancer, and he would be a famous Decypherer. But I am quite
content with the 24 Letters without inventing all the possible Marks that might
signify the same Things. Ned [Quincy] is
learning to be such another Nugator Sagax, an artificial arrangement of Dots
and Squares.
Page 20
WEDNESDAY
[JANUARY 1759].
Drank Tea at Coll. Quincies.
Spent the Evening there, and the next morning. In the afternoon, rode out to
German Town.
[Hannah] [Quincy]
or O. Suppose you was in your Study,
very busy engaged in the Investigation of some Point of Law, or
Philosophy, and your Wife should interrupt you accidentally and break the
Thread of your Thoughts, so that you never could recover it?
Ego. No man, but a crooked Richard, would blame his Wife,
for such an accidental Interruption. And No Woman, but a
Xantippe, would insist upon her Husbands Company, after he had
given her his Reasons for desiring to be alone.
O. Should you like to spend your Evenings, at Home in reading and conversing
with your Wife, rather than to spend them abroad in Taverns or with other
Company?
Ego. Should prefer the Company of an agreable
Wife, to any other Company for the most Part, not always. I should not like to
be imprisoned at home.
How should you feel if your wife should
O. Suppose you had been abroad, and came home
fatigued and perplexed, with Business, or came out of your Study, wearied and
perplexed with Study, and your Wife should meet you with an unpleasant, or an
inattentive face, how should you feel?
I would flee my Country, or she should.
O. How shall a Pair avoid falling into Passion or out of
humour, upon some Occasions, and treating each other
unkindly.
Ego. By resolving against it. Forbid angry words &c. [illegible] Every Person knows that all are liable to mistakes, and
Errors, and if the Husband finds his Wife in one he should
[illegible] reasonably and convince her of it, instead of being
angry, and so on the Contrary. But if it happens, that both get out of
humour and a dispute an angry dispute
ensues, yet both will be sorry when their anger subsides, and mutually forgive
and ask forgiveness, and love each other the better for it, for the future.
O. thinks more than most of her Sex. She is always thinking
or Reading. She sitts and looks steadily, one way, very often, several minutes
together in thought. [illegible] looks pert, sprightly, gay, but
thinks and reads much less than O.
[illegible] expos'd himself to Ridicule, by affectation, by
Pretensions to Strength of mind and Resolution, to depth and Penetration.
Pretensions to Wisdom and Virtue,
superiour to all
the World, will not be supported by Words only.
[illegible] If I
tell a man I am wiser and better than he or any other man, he will either
despize, or hate, or pity me, or perhaps all 3. -- I
have not conversed enough with the World, to behave rightly. I talk to
Paine about Greek, that makes him laugh. I talk to Sam
Quincy about Resolution, and being a great Man, and study and
improving Time, which makes him laugh. I talk to Ned, about
the Folly of affecting to be a Heretick, which makes him mad. I talk to
H
annah
and Easther about the folly of Love, about
despizing it, about being above it, pretend to be
insensible of tender Passions,
Page 21
which makes them laugh. I talk to
Mr. Wibirt about the Decline of Learning, tell him, I know no
young fellow who promises to make a figure, cast Sneers on Dr.
Marsh for not knowing the Value of old Greek and Roman Authors, ask
"when will a Genius rise, that will shave his Beard, or let it grow rather and
sink himself in a Cell, in order to make a figure." I talk to
Parson Smith about
despizing gay Dress, grand Buildings, great Estates,
fame, &c. and being contented with what will satisfy the real Wants of
Nature.
All This is Affectation and Ostentation. 'Tis Affectation of
[illegible] Learning, and Virtue and Wisdom, which I have not,
and it is a weak fondness to shew all that I have, and
to be thot to have more than I have.
Besides this I have insensibly fallen into a Habit of affecting Wit and
Humour, of Shrugging my Shoulders, and moving
[and] distorting the Muscles of my face. My Motions are
stiff and uneasy, ungraceful, and my attention is unsteady and irregular.
These are Reflections on myself that I make. They are faults, Defects,
Fopperies and follies, and Disadvantages. Can I mend [illegible]
these faults and supply these Defects?
O. makes Observations on Actions, Characters,
Events, in Popes Homer, Milton, Popes Poems,
any Plays, Romances &c. that she reads and asks Questions about them in
Company. What do you think of Helen? What do you think of
Hector &c. What Character do you like best? Did you wish
the Plot had not been discovered in
Venice preserved? These are Questions that prove a thinking
Mind. E. asks none such.
Thus in a Wild Campaign, a dissipating Party of Pleasure, observations
[illegible] and Improvement may be made. Some Foppery, and folly
and Vice, may be discerned in ones self, and Motives, and Methods may be
collected to subdue it. Some Virtue, or agreable
Quality may be observed in ones self and improved and cherished, or in another
and transplanted into ones self.
O. [illegible] Tho
O. knows and can practice the Art of pleasing, yet she fails, sometimes. She
lets us see a face of Ridicule, and Spying, sometimes, inadvertently,
tho she looks familiarly, and pleasantly for the most
part. She is apparently frank, but really reserved, seemingly pleased, and
almost charmed, when she is really laughing with Contempt. Her face
and Hart have no Correspondence.
Han nah
checks Parson Wibirt with Irony. -- It was very
sawcy to disturb you, very sawcy Im sure &c.
I am very thankful for these Checks.
[illegible] Good
Treatment makes me think I am admired, beloved, and
[my] own
Vanity will be indulged in me. So I dismiss my Gard
Page 22
and grow weak,
silly, vain, conceited, ostentatious. But a Check, a frown, a sneer, a Sarcasm
rouses my Spirits, makes me more careful and considerate. It may in short be
made a Question, whether good Treatment or bad is the best for me, i.e. wether
Smiles, kind Words, respectful Actions, dont betray me into Weaknesses and
Littlenesses, that frowns, Satirical Speeches and contemptuous
Behaviour, make me avoid.
Mr. Wibirt has not an unsuspicious openness of face. [illegible] You may see in his face, a silly Pain when he hears the
Girls, a whispering, and snickering.
[illegible]
Is Mrs. Palmer so infinitely sensible of
such soft, tender scenes and actions, or, does she affect to appear so? Or is
it partly affected and partly real?
Popularity, next to Virtue and Wisdom, ought to be aimed at. For it is the
Dictate of Wisdom, and is necessary to the practice of Virtue in most.
Yesterday, went down to defend an Action for an old Horse
vs. Samll. Spear. This was undertaking the
relief of distressed Poverty, the
Defence of
Innocence and justice,
vs. Oppression, and
Injustice.
Capt.
Thayer and Major Crosby too had told the Plaintiff
that he could not maintain his Action, and advised him to drop it or agree it.
And Thayer spoke out, "I would have these Parties agree." I
[illegible] did not clearly understand the Case, had no Time to
prepare to fix in my mind beforehand the Steps that I should take. And
Capt. Hollis, Major
Miller, and
Captn. Thayer,
were all 3 very active, and busy and in. terested themselves in the suit. It
was a scene of absolute Confusion. Major Crosby persuading an
Agreement, the Parties raging and scolding, I arguing and the 3
Voluntiers proposing each one his Project. And
all the Spectators smiling, whispering &c. My Attention was dissipated. I
committed oversights, omissions, inexpert Management. I should have adhered to
the Relation my Client gave me, and believed nothing that came from the other
side, without Proof. I should have insisted upon the Entry, and opposed any
Motion for an Adjournment till next Week or Continuance till next Hour, to send
for Witnesses. For Madam Q. could not swear any Thing, that
can support this Action. Should have offered to admit all she could say. If I
had strictly pursued the story, that my Client told me, I should have demanded
an Entry of the Action, or else
Page 23
a Dismission of the Defendant with
Costs. It was equally idle and tame to continue the Action, to send for a
Witness, and to submit it to referees. For the Witness if sent for could not
support the Action, and to submit the original Debt to Referees, was to submit
nothing. For by the original Agreement, nothing was due. Agreement was to take
the Horse and keep him, and if he lived till April, to pay 2 dollars for him,
but if he died before, to pay nothing. Now he actually died in February, and
therefore nothing by Contract was to be paid. The Keeping of so old an Horse
was more than the service he could do, was worth. The Hay he eat would have
hired more riding and drawing than that Horse did
thro that Winter.
If Spear had applied to [illegible] such as
know, he would not have brot that Writ. But Deputy
Sheriffs, petit justices, and pettifogging Meddlers, like
Faxon, Niles, Hollis,
attempt to draw Writts, and draw them wrong oftener
than they do right. [illegible]
The Declaration was an
[Indebitatus ] [Assumpsit] [illegible] with an Account annexed, for a Horse, sold and
delivered.
[illegible] He could have proved, by
Spears Confession, that he had the Horse, but could not prove
the Sale
or Delivery of the Horse, nor could he prove any Price
agreed on by the Parties. Far from producing Proof of any express Price agreed
on by the Parties at the sale and Delivery, he cant prove the Sale and delivery
itself. Now to maintain an Action on an Indeb. Ass. the Plaintiff must aver in
his Declaration,
[illegible] and prove at the Trial, a certain,
express Price, agreed on by the Parties, or else a customary Price. Tis true
there is this Exception to the general Rule, that Merchants
[illegible] and Tradesmen, who keep running Accounts open with
their Customers, and deal out their Commodities and Manufactures in small
Parcells, shall be allowed to produce their Account Books in Evidence, and if
they will swear that they made the Entries of the several Articles
att the times they were delivered, and that they charged
the Price for them, that was at that time customary, they shall be allowed to
recover.
Page 24
But is this Case like that. Will Mr.
Spear swear that he entered this Article at the time of the Sale and
delivery, and will he swear that he charged the customary Price? Pray what is
the Customary Price of a Horse. Are not some customarily bot for 100 and
some for less than 100.
I must study how to manage Eb. and Atherton
Thayer and Hollis, and Eb. Miller
and Faxon. They are meddlers, hinters, and Projectors. I
should have made a Motion to the Justice, that either the Defendant or I might
be consulted in the settlement of this Affair, and that
Miller, Hollis and Thayer
[illegible] who had no concern with it, might not determine it,
as they please. -- I pray your Honour to silence the
Clamour of those who have no Concern with the Matter,
that those who have may be heard.
Capt. Thayer pretends to great
Knowledge in the Law. He could not bear to lose the Honor of knowing and
telling Mr. Spear, that an Indeb. Ass. could not lie, but that
Quantum Meruit could [in] this Case. He was proud, bragged
of it before all the Company, bragged, boasted, was ostentatious of his
Knowledge in Law. So many hinting advice, making Proposals, &c., make
Confusion.
O. Pain [illegible] aims at so many Things,
but especially at getting Cash, that he will be distracted. He pursues Cash
with all his Hart and soul. He writes well and tells a
very droll story, but he is very peevish, fretful, odd tempered. He thinks
himself in high favour with the Ladies, but he little
thinks how he is blasted sometimes.
TUESDAY
JANUARY 1759
[illegible] Took a ride after Dinner [illegible]
to Gullivers Brook in Milton, returned home.
Went over to Deacon Belchers and drank Tea, and in the Evening
walked home with O. Strolled by the House down to Mr.
Borlands, then back down the farm Lane as far as the Gate, then back,
up the Hill, and home. Met Mr. Wibirt at the Coll's door, went
with him to his Lodgings, slept with him and spent all the next day with him,
reading the Reflections on Courtship and Marriage, and afternoon the 4 Satires
of John Oldham on the Jesuits, and his Satyr on a Woman who by
[illegible] breaking her Engagement had killed his friend, and
his Bion, or Lamentation on the Death of the Earl of
Rochester, [illegible] a Pastoral in Imitation of the
Greek of Moschus, a Piece as soft, and tender, as his Satyrs are nervous and
malignant, or perhaps more properly indignant.Copied.
["Copied.
" added by Charles Francis Adams] [This notation was added to the original manuscript diary by Charles
Francis Adams who copied many of John Adams's diary entries into other
manuscript volumes. ]
Page 25
The other night, the Choice of Hercules came into my mind,
and engaged my thoughts left Impressions there which I hope will
never be effaced nor long unheeded. I thought of writing a Fable, on the same
Plan, but accommodated, by omitting some Circumstances and inserting others, to
my own Case.
Let Virtue address me -- "Which, dear Youth, will you prefer? a Life of
Effeminacy, Indolence and obscurity, or a Life of Industry, Temperance, and
Honour? Follow me, I will Take my Advice,
rise by the morning dawn and mount your Horse, by the Mornings dawn,
and shake away amidst the great and beautiful scenes of Nature, that appear at
that Time of the day, all the Crudities [illegible] that are left
in your stomach, and all the obstructions that are left in your Brains. Then
return to your Study, and bend your whole soul to the Institutes of the Law,
and the Reports of Cases, that have been adjudged by the Rules, in the
Institutes. Let no trifling Diversion or amuzement
or Company decoy you from your Books, i.e. let no Girl, no Gun, no Cards, no
flutes, no Violins, no Dress, no Tobacco, no Laziness, decoy you from your
Books. (By the Way, Laziness, Languor, Inattention, are my Bane, am too lazy to
rise early and make a fire, and [illegible] when my fire is made,
at 10 o'clock my Passion for knowledge, fame, fortune or any good,
is too languid, to make me apply with Spirit to my Books. And
[illegible] by Reason of my Inattention my mind is liable to be
called off from Law, by a Girl, a Pipe, a Poem, a Love Letter, a
Spectator,&c. &c. &c. a Play, &c.) But, keep your
Law Book or some Point of Law in your mind at least 6 Hours in a day. (I grow
too minute and lengthy.)
Labour to get distinct Ideas of Law, Right, Wrong,
Justice, Equity. Search for them in your own mind, in
Copied. ["Copied." added by Charles Francis Adams] [This notation was added to the original
manuscript diary by Charles Francis Adams who copied many of John Adams's diary
entries into other manuscript volumes. ]
Page 26
Roman, grecian,
french, English Treatises of natural, civil, common, Statute Law. Aim at an
exact Knowledge of the Nature, End, and Means of Government. Compare the
different forms of it with each other and each of them with their Effects on
public and private Happiness. Study Seneca, Cicero, and all other good moral
Writers. Study Montesque, Bolinbroke,
[Vinnius?], &c. and all other good, civil
Writers, &c."
Prat. There is not a Page in Flavels Works without several sentences of
Latin. Yet the common People admire him. They admire his Latin as much as his
English, and understand it as well. [illegible] preached the best
sermon that ever I heard. It was plain common sense. But other sermons have no
sense at all. They take the Parts of them out of their Concordances and connect
them together Hed and Tail.
How greatly elevated, above common People, and above Divines is this Lawyer.
Is not this Vanity, littleness of mind?
What am I doing? Shall I sleep away my whole 70 Years. No by every Thing I
swear I will renounce the Contemplative, and betake myself to an active roving
Life by Sea or Land, or else I will attempt some uncommon unexpected
Enterprize in Law. Let me lay the Plan and arouse
Spirit enough to [illegible] push boldly. I swear I will push
myself into Business. I will watch my Opportunity, to speak in Court, and will
strike with surprize -- surprize Bench, Bar, Jury, Auditors and all. Activity,
Boldness, Forwardness, will draw attention. Ile not lean,
[illegible] with my Elbows on the Table, forever like
Read, Swift, Fitch , Skinner,
Story, &c. But I'le not forego the Pleasure of ranging the
Woods, Climbing Cliffs, walking in fields, Meadows, by Rivers, Lakes, &c.,
and confine my self to a Chamber for nothing. Ile
have some Boon, in Return, Exchange, fame, fortune, [illegible] or
something.
Page 27
Here are 2 nights, and one day and an half, spent in a softening,
enervating, dissipating, series of hustling, pratling, Poetry, Love, Courtship,
Marriage. During all this Time, I was seduced into the Course of unmanly
Pleasures, that Vice describes to Hercules, forgetful of the
glorious Promises of Fame, Immortality, and a good Conscience, which Virtue,
makes to the same Hero, as Rewards of a hardy, toilsome, watchful Life, in the
service of Man kind. I could reflect with more satisfaction on an equal space
of Time spent in a painful Research of the Principles of Law,
[illegible] or a resolute attempt of the Powers of Eloquence.
But where is my Attention? Is it fixed from sunrise to midnight, on grecian,
roman, gallic, british Law, History, Virtue, Eloquence? I dont see clearly The
objects, that I am after. They are often out of Sight. Moats, Attoms, feathers, are blown into my Eyes, and blind me. Who
can see distinctly the Course he is to take, and the objects that he pursues,
when in the midst of a whirl Wind of dust, straws, feathers attoms
and feathers.
Let me make this Remark. In
[Parson ] [Wibirds]
Company, Something is to be learned, of human Nature, human Life, Love, Court
Ship, Marriage. He has spent much of his Life, from his Youth, in Conversation
with young and old Persons of both sexes, maried and unmaried, and therefore
has his Mind stuffed with Remarks and stories of human Virtues, and Vices,
Wisdom and folly, &c. But his Opinion, out of Poetry, Love,
Court ship, Mariage, Politicks, War, Beauty, Grace, Decency &c. is not
very valuable. His Soul is lost, in a dronish effeminacy. Ide rather be lost in
a Whirlwind of Activity, Study, Business, great and good Designs of promoting
the Honour, Grandeur, Wealth, Happiness of
Mankind.
He says he has not Resolution enough to court a Woman. He wants to find one
that will charm, conquer him and rouse his spirit. He is like a Turkey,
retiring to Roost. She is difficult, looks at several Places, to roost on,
before she fixes on any, and when she has fixed on one she
[illegible] stretches her Neck, squats, and changes her Posture
several Times before she flies up. This Simile is pretty and humorous enough.
He is benevolent, sociable, friendly, and has a pretty Imagination, Wit, some
Humour but little grandeur, Strength, Penetration of
[mind.]
Page 28
In short, he has an
amiable and elegant, not a great mind. Paine has
[illegible] neither an amiable nor a great Mind. There is too
much Malignance, Envy, Conceit and ostentation, in it, to be amiable, and too
much Unsteadiness to be great.
Wibirt [illegible] exposes very freely to me
his Disposition, the past and present state of his mind, his susceptibility of
Impressions from Beauty &c., [illegible] his Being amourous,
and inclined to love, his Want of Resolution to Court, his Regard, fondness,
for O., his Intimacy [illegible] and
dalliance with her &c. He has if I mistake not a good many
[illegible] half born Thoughts, of courting
O.
FEB.
1.
I intend a journey to
Worcester to morrow. How many
observations shall I make on the People at West Town, and
Worcester, and how [illegible] many new
Hints, rules Ideas, Hints, Rules of Law, and Eloquence, shall I
acquire before I return? Let my journal answer this Question, after my
Return.
Page 29
FEB. 2.
1759.
At
Westtown, in Dr. Webbs Chamber at Hammonds. His
landlady is an odd Woman. She seems good Natured, and obliging too, but she has
so many shruggs, grimaces, affectations of Witt, Cunning, and Humour, as make her ridiculous. She is awkward, shamefaced,
bashful, yet would fain seem sprightly, witty, &c. She is a Squaddy,
masculine, Creature, with a swarthy pale face, a great staring, rolling Eye, a
rare Collection of disagreable Qualities.
I have read several Letters, this afternoon and Evening, in the Turkish
Spy.
WORCESTER
FEB. 11. 1759.
I have been in this Town a Week this night. How much have I improved my
Health by Exercise, or my mind by Study or Conversation, in this Space? I have
exercised little, eat and drank and slept intemperately. Have inquired a
little, of Mr. Putnam and of Abel Willard,
concerning some Points of Practice in Law. But dining once at Coll.
Chandlers, once at Mr. Pains, once at the Doctors,
drinking Tea once at Mr. Paines, once at the Drs. and spending
one Evening at the Drs., one at Gardiners and several at
Putnams in Company has wasted insensibly the greatest and best
Part of my time since I have been in Town. Oh how I have fulfilled the vain
Boast I made to Dr. Webb, of reading 12 Hours a day! What a
fine scene of study is this office! a fine Collection of Law, oratory, History,
and Phylosophy. But I must not stay. I must
return to
Braintree. I must attend a long Superiour Court at
Boston. How shall I pursue my Plan of Study?
Copied.
[The preceding text was added in the handwriting of Charles Francis Adams] [This notation was added to the original
manuscript diary by Charles Francis Adams who copied many of John Adams's diary
entries into other manuscript volumes. ]
Page 30
Bob Paine told a story and a scene very
Bob Paine acted a scene that happened on the
[Common] when the Troops were reviewed by the Governor.
People crouded very near to the Troops, till a
highland serjeant of a gigantic size, and accoutred with a Variety of
Instruments of Cruelty and Death, stalked out with his vast Halbert to drive
them back. He brandished his Halbert and smote it on the Ground and cryed with
a broad, Roaring Voice, Sta ban, i.e. Stand back. Sta ba. His size,
armour, Phyz and Voice, frighted People so that they
presd backwards and almost trampled on one another.
But in the highest of his fury, he sprung onward, and shrieked out Sta, but
then saw some Ladies before him, [illegible] which softened him.
At once, he drops his Halbert, takes off his Bonnet, and makes a very
complaisant Bow, pray Ladies, please to stand a little back, you will see a
great deal better.
Pain [illegible] lifts up his Eyes and Hands
to Heaven and cryes, of all Instruments of Defence,
good Heavens, give me Beauty. It could soften the ferocity of your highland
serjeant.
Paine, Dr. Wendel from Quincy
Paine and Dr. Wendel took Katy
Quincy and Polly Jackson, and led them into a retired
Room and there laughed, and screamed, and kissed and hussled. They came out
glowing like furnaces.
Page 31
Mr. Marsh. Father Flynt has been very gay and sprightly, this
sickness . Coll. Quincy was to see
him, a fast day, and [illegible] was or appeared to be, as he was
about taking leave of the old Gentleman, very much affected. The Tears flowed
very fast. -- I hope Sir says he in a Voice of Grief, you will excuse my
Passions. -- Ay, prithy, says the old Man,
I dont care much for you, nor your Passions neither.
F. Morris said to him, "you are going Sir to
Abrahams Bosom, but I dont know but I shall reach there
first." -- "Ay if you are a going there, I dont want to go."
Page 32
I spent one Evening this Week at Billy Belchers. I sat,
book in Hand, on one side of the fire, while Dr. Wendell,
Billy Belcher and Stephen Cleverly and
another young Gentleman sat, in silence, round the Card Table, all the Evening.
Two Evenings I spent att Samll. Quincys,
in the same manner, Dr. Gardiner, Henry Q.,
Ned Q., and S.Q. all playing Cards the whole
Evening. This is the wise and salutary amuzement,
that young Gentlemen take every Evening in this Town, playing Cards, drinking
Punch and Wine, Smoaking Tobacco, swearing &c.
while 100 of the best Books lie on the shelves, Desks, and Chairs, in the same
room. This is not Misspence of Time. This is a wise, a profitable, Improvement
of Time. Cards, and Back Gammon, are fashionable Diversions. I'le be curst if
any young fellow can study, in this town. What Pleasure can a young Gentleman,
who is capable of thinking, take, in playing Cards? It gratifies none of the
Senses, nor Sight, [illegible] Hearing, taste, smell, feeling. It
can entertain the Mind only by hushng its Clamours. Cards, Back Gammon are the
great antidotes to Reflection, to thinking, that cruel Tyrant within Us. What
Learning, or Sense, are we to expect from young Gentlemen, in whom a fondness
for Cards, &c. outgrows and choaks the Desire of Knowledge?
Page 33
MARCH 14.
1759.
Reputation ought to be the perpetual subject of my Thoughts, and Aim of my
Behaviour. How shall I gain a Reputation! How shall
I Spread an Opinion of myself as a sensible Lawyer of distinguished
Genius, Learning, and Virtue. Shall I make frequent Visits in the
Neighbourhood and converse familiarly with Men,
Women and Children in their own Style, on the common Tittletattle of the Town,
and the ordinary Concerns of a family, and so take every fair opportunity of
shewing my Knowledge in the Law? But this will
require much Thought, and Time, and a very particular Knowledge of the Province
Law, and common Matters, of which I know much less than I do of the Roman Law.
This would take up too much Thought and Time and Province Law.
Shall I endeavour to renew my Acquaintance with
those young Gentlemen in
Boston who were at Colledge with me
and to extend my Acquaintance among Merchants, Shop keepers, Tradesmen, &c.
[illegible] and mingle with the Crowd upon Change, and trapes the
Town house floor, with one and another, in order to [illegible]
get a Character with them in Town. But this too will be a lingering
method and will require more Art and Address, and Patience too than I am Master
of.
Shall I, by making Remarks, and proposing Questions [to]
the Lawyers att the Bar, endeavour to get a great Character for Understanding and
Learning with them. But this is slow and tedious, and will not
answer be ineffectual, for Envy, jealousy, and self Intrest, will not
suffer them to give a young fellow a free generous Character, especially me.
Neither of these Projects will [illegible] bear Examination, will
avail.
Shall I look out for a Cause to Speak to, and exert all the Soul and all the
Body [illegible] I own, to cut a flash, strike amazement, to
catch the Vulgar? In short shall I walk a lingering, heavy Pace or shall I take
one bold determined Leap into the Midst of some Cash and Business? That is the
Question. A bold Push, a resolute attempt, a determined Enterprize, or a slow, silent, imperceptible creeping.
Shall I creep or fly.
Page 34
Walked, this afternoon, along the side of the
[Bushy?] Pond. The Blackbirds were perched on
the Trees round the Borders of the Pond, [illegible] and singing.
I saw a large flock of Crow Blackbirds alight on the Ground, in search of Grain
or Worms, I suppose. The Birds that were behind were perpetually flying over
the Heads of all the rest, and alighting in the front of the flock, so that
each Bird was in the front and Rear by turns, and all were chattering. It
looked like a hovering, half walking, half flying flock of Blackbirds. Soon
after, they rose, and alighted on the neighbouring Apple Trees, chattering, and singing all
the Time. At the same time, a Number of Crows were croaking, at a little
distance on one side, and a wood Pecker and a blue bird were whistling, and
cackling, at a little Distance on the other. -- This is the first vernal scene
I have observed this season. So many Birds of several different species, all
singing, chattering, whistling, fluttering, flying, hopping, leaping, on the
ground, in the Air, and on the Trees, was a very pleasant Amuzement to me. It is very pleasant to see and hear the
flocks of Birds, at their first Appearance in the Spring. The Ground looks
naked, [illegible] and lifeless yet. The Colour of the Ground, before the green
[rises?] upp, is pale, lifeless, dead. There is very little
beauty [in] the face of the Earth now, but the Vegetables
will soon spring fresh and green, and young and sprightly
[illegible] Grass, and flowers, and Roses, will appear on the
Ground, buds, blossoms, leaves on the Trees, and 100 species of Birds, flying
in Air, alighting on the Ground and on Trees, herds of Cattle, Sheep, horses,
grazing and lowing in the Pastures. Oh Nature! how [ bright?]
and beautiful thou art.
Copied.
[The preceding text was added in the handwriting of Charles Francis Adams] [This notation was added to the original
manuscript diary by Charles Francis Adams who copied many of John Adams's diary
entries into other manuscript volumes. ]
Page 35
Means not but blunders round about a meaning.
M. has a very confused, blundering Way of
asking Questions. She never knows distinctly what she is
[after], but asks at Random, any Thing, and has a difficulty
in recollecting the Names of Things. The Names of Things dont flow naturally
into My Mind, when I have occasion to use them. I had the Idea of the General
Court in my Mind when I said to Otis, the judges had
[some?] important Business to do in &c., but the Words
General Court did not arise with the Idea and therefore Otis
thought I made [a] silly Speech. My Aunt
Cunningham has the same difficulty, recollecting Words and Ideas too,
especially, of Things that are sometime past. A slothful Memory, a slow, heavy
Memory, in oposition to a quick prompt Memory.
[I?] read a letter from one in
St.K. to one in P. concerning
M. Chateleu going to this Coast. M. asks what is that. How
confused is this Question? It wants much explanation and restriction, before an
Answer can be given, for
[illegible] she asks who is that letter from or who to, or
what Place from or to, or what about, and what Place was
Chateleu going to. She knows not what she asks. Tis
[owing?] to the Hurry and Impatience of Thought -- which is the
fault of us all.
Common People are not incapable of discerning the Motives and Springs of
Words and Actions.
MARCH 18
[i.e. 19?]. MONDAY.
This whole Day is dedicated to walking, riding, talk, &c. No Reading to
day.
Twas Avarice, not Compassion that induced [ . . . ] to pass the
last Court. He was afraid that Pen would be provoked to appeal both to the
Superior Court if he put both in suit, and so keep him out of his Money for 6
or 8 months. 6 months without Interest. Tis fear of loosing the Interest upon
Interest that induces him to pass this Court. -- Oh Love of Money! -- oh,
Avarice, disguised under the shew of Compassion!
I feel vexed, fretted, chafed, the Thought of no Business mortifies, stings
me. I feel angry, vexed with my Uncle Field,
[illegible] &c. But Let me banish these Fears. Let me assume
a Fortitude, a Greatness of Mind.
Copied.
[The preceding text was added in the handwriting of Charles Francis Adams] [This notation was added to the original
manuscript diary by Charles Francis Adams who copied many of John Adams's diary
entries into other manuscript volumes. ]
Page 36
In such a gradual ascent to fame and fortune, and Business, the Pleasure
that they give will be imperceptible, but by a bold, sudden rise, I shall feel
[illegible] all the joys of each at once. Have I Genius and
Resolution and Health enough for such an attchievement?
Oh but a Wit can study in the Streets and raise his mind above the Mob he
meets.
Who can study in
Boston Streets. I am unable to observe the various Objects, that
I meet, with sufficient Precision. My Eyes are so diverted with Chimney Sweeps,
Carriers of Wood, Merchants, Ladies, Priests, Carts, Horses, Oxen, Coaches,
Market men and Women, Soldiers, Sailors, and my Ears with the Rattle Gabble of
them all that I cant think long enough in the Street [illegible]
upon any one Thing to start and pursue a Thought. I cant raise my mind above
this mob Croud of Men, Women, Beasts and Carriages, to think steadily. My
Attention is sollicited every moment by some new object of sight, or some new
sound. A Coach, Cart, a Lady or a Priest, may at any Time,
[illegible] by breaking a Couplet, disconcert a whole Page of
excellent Thoughts.
What is meant by a nodding Beam, and pig of Leads He means that his
Attention is necessary to preserve his Life and Limbs, as he walks the streets,
for Sheets of Lead may fall from the Roofs of Houses. I know of no nodding
Beam, except at the Hay Market.
Shybeares Dedication is in a strain of ironical, Humorous Satyr. He reasons
as warmly and positively as if in earnest in his favour, but his Reasoning is so manifestly weak and in some
places ambiguous that every Reader knows his true Intention. This System of
Religion is indeed new. Religious Institutions are mere means of increasing and
preserving Piety and Virtue in the World, and any Thing, that will produce
national public and private advantages on the Happiness and Morals
of a Nation, however repugnant to common sense, as Transubstantiation e.g. is
true.
Page 37
SUNDAY.
APRIL 8TH. 1759.
Spent the Evening at Captain Bracketts. A Case was proposed
and my Opinion asked, which gave me Opportunity to display some Knowledge of
Law but betrayed me into mistaken Dogmatism. I am [illegible] frequently expose my Ignorance of the Province Law,
but [things?] are started that put me upon
Exn. [Examination].
Coll. Q. I value not the
Governor's favours, more than this Pinch of Snuff, in
Comparison of my Honour and my Duty to my Town.
B. Fessenden. The Coll. said to
Field, when he was building his pen, "I had rather have it
said on my Tomb Stone, here lies the good Mr. Quincy, than
here lies the rich Mr. Apthorp." He told me that People were
angry with him, because he was so fond of Honesty.
These reiterated Protestations in favour of
Honesty, Goodness, Patriotism, or rather these verbal Pretensions to these
Qualities raise Suspicions and Jealousies. Too much talk, Prate. Praise him
self. He praises himself as much as other People censure him. Populus me
sibilat sed plaudo meipsum. The People hiss him, and curse him, and reproach
him, but he applauds, praises, admires himself. Does he believe what he
says?
Fessenden, Nash, Field,
Marsh, &c. &c. sneer, hiss, curse him. Most secretly
despise, hate him, but they fear him too.
Tis in vain to expect felicity, without an habitual Contempt of Fortune,
Fame, Beauty, Praise, and all such Things. and Unaffected
Benevolence to Men and conscious Integrity are sufficient supports. I have no
Money. But I have an easy Heart, a quiet Mind. [God] made us
to be happy. I distress my self. This Animi Magnitudo
and Rerum humanarum Contemptio, are alone secure of Happiness.
Oh Stoicks you are wise.
Page 38
What Passions or affections in human Nature are affected by Satyr, by
Humour, and Drollery?
There is some Affection in human Nature that is delighted with
Humour and Satyr, for a good deal of it is to be seen
and heard in all Nations, and among all Ranks of People. It prevails in every
Country Parish, may be found in every Tavern, at every Town meeting
thro the Province.
F. Oh blessed Storm. The Storm blowed me
away. Oh blessed storm.
This was spoke in Person of one of the new Select Men, as
Bracket, Thayer &c. and upon this secret
Principle, that [illegible] an Advantage had been meanly taken of
the thinness of the Meeting to get a Change of Town officers. So that it hinted
at the meanness, and want of Influence in Town. Their Influence was not
sufficient, to have carried a Vote, had the Town been together. But they were
mean enough to seize that Opportunity when 3/4 of the Town were detained at
Home by the storm, to assemble their Crew of Debtors and Labourers, and
accomplish their Projects as they pleased. Thus, the Wit of this lay in hinting
at their Meanness of Soul, and Insignificancy in the Town. It hinted that the
Point was carried, not by Merit, nor by real Popularity, but by mean and
clandestine Artifice, and Plotting.
How great is the Dread of Satyr and Ridicule in human Nature. Mrs.
S. is afraid [Colonel] Q. and his
[illegible] H. will laugh at her shape, dress, Behavior. Afraid
of Laughter. I used to dread
[James ] [Otis] and
[Benjamin] [Kent]
because I suspected they laughed at me. I used to dread
[Putnam], because of his satirical and
contemptuous smiles.
Another reason. We were pleased to see the old Gent diverting himself and
laughing [illegible] at the success of their Artifices to depose
him, instead of being angry and scolding.
What Passions are pleased in the Reader or Hearer, and what are vexed in the
Person ridiculed.
Dr. S. after L.R. had turned him off, went
into Church one day, and into the same Pew where L. was. She smiled, and almost
giggled at him. That [illegible] stung him. He cryed a nasty,
stinking jade, he did not think she was such a nasty yellow jade, before. Thus
the Dr. diverted him self with her Colour. He laughed
at her yellow Colour, in Revenge of her Ridicule on
him.
Thus human Nature, when despized and laughed
at,naturally is vexed, naturally vexed, and looks about for some
Imperfection, Deformity, folly or Vice to laugh at in turn. And when a Man is
deposed in [Town] meeting, he naturally imputes it to some
mean Contrivance &c.
Page 39
Ruggles's Grandeur consists in the
quickness of his apprehension, Steadiness of his attention, the boldness and
Strength of his Thoughts and Expressions, his strict Honour, conscious Superiority, Contempt of Meanness &c.
People approach him with Dread and Terror.
Gridleys Grandeur consists in his [illegible]
great Learning, his great [illegible] Parts and his majestic
Manner. But is diminished by stiffness and affectation.
Ruggles is as proud, as lordly as Gridley.
But he is more popular. He conceals it more. He times it better. And it
[illegible] is easy and natural in him, but is stiff and affected
in Gridley.
Tis an Advantage to Ruggles's Character, but a Disadvantage
to Gridley's.
Gridley has a bold, spirited Manner of Speaking, but is too
stiff, has too little Command of the Muscles of his face. His Words seem to
pierce and search, have something quick and animating. He is a great Reasoner,
and has a very vivid Imagination.
Prat has a strong, elastic Spring, or what we call
Smartness, and Strength in his Mind. His Ideas seem to lie deep and to be
brot up with a strong Effort of the Mind. His Ideas
are vivid, and he sees their Differences. Otis is
extreamly quick and elastic. His Apprehension is
as quick as his Temper. He springs, and twitches his Muscles about in
thinking.
Thatcher has not this same Strength and Elasticity. He is
sensible, but slow of Conception and Communication. He is queer, and affected.
He is not easy.
Coll. Q. I learn'd to write
Letters of Pope and Swift &c. I should
not have been able wrote a Letter with so much Correctness as I can,
if I had not read and imitated them. The Faculty has come to me, strangely,
without any formed Design of studying and acquiring it.
There is a
[illegible] concealed
[illegible]
Encomium on himself, his own Letters, in this Remark, but there is an
Observation too, which is worth considering. Men
[wear?]
themselves, by slow and imperceptible Degrees, into confirmed Habits of
thinking, Speaking, and Acting. He began early in Life, I suppose perhaps at
Colledge, to read these smooth, soft, Writers, and
Page 40
altho he never formed any Design of
imitating their Ease and Politeness, yet he gradually wore it into his Mind. He
learned to write as Children learn to Speak, without thinking what they do.
Perhaps had he formed a Design in his Youth of acquiring that Faculty and read
Authors with that Design, he would have acquired it much sooner and more
perfectly.
The Principle in Nature is Imitation, Association of Ideas, and contrasting
Habits. How naturally we imitate, without Design or with, ways
Modes of thinking, Speaking, Acting, that please us! Thus we conform
gradually to the Manners and Customs of our own family,
Neighbourhood, Town, Province, Nation &c.
At
Worcester, I learned several Turns of Mind of
Putnam, and at
Boston I find my self imitating
Otis, &c. -- But Query, Who will learn the Art soonest,
and most perfectly, he who reads without a Design of extracting Beauties or he
who reads with? The last undoubtedly. Design attends, and observes nicely, and
critically. I learned with Design to imitate Put's
Sneer, his sly look, and his look of Contempt. This look may serve good Ends in
Life, may procure Respect.
To form a style, therefore, read constantly the best Authors. Get a Habit of
clear Thinking and strength and Propriety and Harmony of Expression. This one
Principle of Imitation would lead me thro the whole
human System. A Faculty acquired accidentally, without any
[illegible] Endeavours or forsight of the Effect. He read for
Amuzement, not to learn to write.
Let me recollect, and con over, all the Phenomena of Imitation that I may
[illegible] take advantage of this Principle in my own make, that
I may learn easier and sooner.
Page 41
Mem. To look into the files in the Clerk's office, for the Files
of the Dispute concerning the Registry of Vessells
belonging to
Newbury, viz. Mr. Prats state or Questions, and
Mr. Gridleys Answers.
Page 42
This is copied Copied. ["Copied. " added by Charles Francis Adams] [This notation was added
to the original manuscript diary by Charles Francis Adams who copied many of
John Adams's diary entries into other manuscript volumes. ]
Inside Back Cover
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Back Cover
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