Diary of John Adams, volume 3
1758
In 1758 my Period with Mr. Putnam expired. Doolittle and Baldwin visited me in the office, and invited me to settle in Worcester. They said as there were two Sides to a question and two Lawyers were always wanted where there was one, I might depend upon Business in my profession, they were pleased to add that my Character was fair and well esteemed by all Sorts of People in the Town and through the County: that they wished to get me chosen at the next Election which was very near, Register of Deeds, which would procure me something handsome for the present, and insure me Employment at the Bar. That as the Chandler Family had engrossed almost all the public offices and Employment in the Town and County, they wished to select some Person qualified to share with them in these honors and Emoluments. My Answer was that as the Chandlers were worthy People and discharged the Duties of their offices very well I envied not their felicity 270and had no desire to sett myself in Opposition to them, and especially to Mr. Putnam who had married a beautifull Daughter of that Family and had treated me with Civility and Kindness. But there was one Motive with me, which was decisive. I was in very ill health and the Air of Worcester appeared to be unfriendly to me, to such a degree that I panted for want of the Breezes from the Sea and the pure Zephirs from the rocky mountains of my native Town: that my Father and Mother invited me to live with them, and as there never had been a Lawyer in any Country Part of the then County of Suffolk, I was determined at least to look into it and see if there was any chance for me. They replied that the Town of Boston was full of Lawyers and many of them of established Characters for long Experience, great Abilities and extensive Fame, who might be jealous of such a Novelty as a Lawyer in the Country part of their County, and might be induced to obstruct me. I returned that I was not wholly unknown to some of the most celebrated of those Gentlemen, that I believed they had too much candour and Generosity to injure a young Man, and at all Events I could but try the experiment, and if I should find no hope of Success I should then think of some other place or some other course.
An Error was committed at this time by Mr. Putnam or me or both, which I thought not of much consequence at the time, and have never been able to account for since. Mr. Putnam should have presented me, to the Court of Common Pleas in Worcester, and a Certificate of my Oath and Admission, before that Court would have been a sufficient Ground, to justify the Court of Common Pleas in Suffolk, on receiving me there. This was however omitted, and I removed to Braintree without it. Here I passed a few Weeks not without much Anxiety and Apprehension. When the October term arrived I went to Boston and attended the Tryals, full of doubts about the most prudent Steps for me to take. I determined at last to know what my fate was to be, and one Morning went early to Mr. Gridleys Office and was fortunate enough to find him alone.1 I opened to him with much frankness my Situation and my Views. He said Mr. Putnam had mentioned me to him, and he had seen me before in several Companies at Worcester: but have you been sworn? I have not Sir. You must be sworn, before you can practice. As my Master is not here, I have no One to present me to the Court.—How long have you studied Law? How long have 271
When the last Fryday of October arrived, I was in Boston very early and at Court before it was opened.5 Mr. Pratt presented my Friend Mr. Samuel Quincy and Mr. Gridley presented me. Some Gentleman asked, whether any one knew enough of me to satisfy the Court. Mr. Gridley said he had known me some Years, but that he had lately spent half a day in examining me, and he could say that I had made a very considerable nay “I must say to your honours” a great Proficiency in the Principles of the Law. This was a higher Character than I expected from so great a Man as Mr. Gridley: but I heard it with no small Comfort, as I had been very dubious, whether his examination of me, had not lessened me in his Esteem. Mr. Pratt, Mr. Otis and Mr. Thatcher said I had served a regular Clerkship with Mr. Putnam at Worcester, who had recommended me to them. The Court ordered the Oath to be administered to Mr. Quincy and Mr. Adams, which was done accordingly, and at night I returned to Braintree in good Spirits.
At this Time October 1758 the Study of the Law was a dreary Ramble, in comparison of what it is at this day. The Name of Blackstone had not been heard, whose Commentaries together with Sullivans 274Lectures and Reeves's History of the Law, have smoothed the path of the Student, while the long Career of Lord Mansfield, his many investigations and Decisions, the great Number
Looking about me in the Country, I found the practice of Law was grasped into the hands of Deputy Sheriffs, Pettyfoggers and even Constables, who filled all the Writts upon Bonds, promissory notes and Accounts, received the Fees established for Lawyers and stirred up many unnecessary Suits. I mentioned these Things to some of the Gentlemen in Boston, who disapproved and even resented them very highly. I asked them whether some measures might not be agreed upon at the Bar and sanctioned by the Court, which might remedy the Evil? They thought it not only practicable but highly expedient and proposed Meetings of the Bar to deliberate upon it. A Meeting was called and a great Number of regulations proposed not only for confining the practice of Law to those who were educated to it and sworn to fidelity in it, but to introduce more regularity, Urbanity, Candour and Politeness as well as honor, Equity and Humanity, among the regular Professors. Many of these Meetings were the most delightfull Entertainments, I ever enjoyed. The Spirit that reigned was that of Solid Sense, Generosity, Honor and Integrity: and the Consequences were most happy, for the Courts and the Bar instead of Scenes of Wrangling, Chicanery, Quibbling and ill manners, were soon converted to order, Decency, Truth and Candor. Mr. Pratt was so delighted with these Meetings and their Effects, that when We all waited on him to Dedham in his Way to New York to take his Seat as Chief Justice of that State, when We took leave of him after Dinner, the last Words he said to Us, were, “Brethren above all things forsake not the Assembling of yourselves together.”6
JA obviously recorded the following interview wholly from memory, and it differs materially from the record in his Diary (entry of 25 Oct. 1758, q.v.). Nearly every author and title mentioned in the conversation will be found in the
Catalogue of JA's Library
as that collection survives in the Boston Public Library.
Doctor and Student: or Dialogues between a Doctor of Divinity and a Student in the Laws of England
Catalog
).
Suspension points, here and below in the record of this conversation, are in the MS.
See the more detailed and quite different account of this interview in JA's Diary entry of 26 Oct. 1758.
The date was probably 6 Nov. 1758; see the entry assigned to that date in JA's Diary, and note 1 there.
Harvard Graduates
, 10:233–235). A fuller version of his parting injunction to his colleagues at the bar is quoted in a letter from Oxenbridge Thacher to Prat evidently written in 1762 (MHS, Procs.
, 1st ser., 20 [1882–1883]:48). The records of this early Boston law association have not been found, although JA himself was ordered in Jan. 1770 by the organization that succeeded it to “wait on Judge Auchmuty and request of him, the Records of a former Society of the Bar, in this County” (Suffolk Bar Book, MS, MHi).