Adams Family Correspondence, volume 15
A few days since, I received your kind favour of 25. ulto: and am greatly rejoyced at the restoration of your
health—1 But I have delayed answering
it hitherto, because as the Session draws to a close, we find ourselves more driven for
want of time; in addition to which we have had the extraordinary business of trying an
impeachment, and I have been in trouble with illness in the family—2 Both the children have severe colds with coughs,
which we hope and fear is the hooping cough, without having yet ascertained whether it
be so or not— I am also labouring myself with a very bad cold.—
I hope to see you at Quincy in about a month from this— I shall then attend to the farm, below Penn’s Hill, and Briesler’s requests; in the mean time I wish him to do as you think best— That, I am sure I shall approve.
The letter I received from Messr:
Willink was only to inform me, that one of the bonds remaining in their hands had become
payable, and that they had given credit for it— I propose to sell bills on them for
about 2000 dollars to bring with me, when I see you.
I have nothing satisfactory to tell you of the demands against
Bird, Savage and Bird— I have had the debt proved under the Bankruptcy of Robert Bird at
New-York, and by a letter I received last Evening from Bird and Savage in London, I find
Mr: Williams had received the papers I sent him to prove
the debt there— Their letter is dated 8. Decr: and they say,
a dividend would probably be declared the next month— I
presume however that dividend, will be nothing at-all.
On my way home, I shall stop at New-York, to see what can be done there— But I am informed the chances there, are as desperate as in London. Robert Bird as well as his associates in London, has written me imploring letters, to obtain my signature to their 351 certificates of discharge— I have not thought it consistent with duty or propriety to comply.3
I remain ever affectionately your Son.
RC (Adams
Papers); addressed: “Mrs: A. Adams. / Quincy /
Massachusetts.”; internal address: “Mrs: A. Adams.”;
docketed by JA: “J. Q. A to A A.”
AA to JQA, 24 Feb., above.
John Pickering (1737–1805), Harvard 1761, had served as a judge
of the U.S. District Court for the District of New Hampshire since his nomination by
George Washington in 1795. As Democratic-Republicans sought to remove Federalist
judges, Pickering’s eccentric conduct on the bench provided an opening. Pickering was
impeached by the House of Representatives on 2 March 1803 by a vote of 45 to 8, but it
was a year before he was tried in the Senate. Although members of both parties agreed
that Pickering was unfit for the bench, it was unclear if a judge could be removed for
behavior that was not criminal. The March 1804 trial was partisan and irregularly
conducted, with discussion of Pickering’s drinking habits a subject of debate. William
Plumer recorded JQA’s objection from the floor: “If proceedings like ours
were had in a Court of law, I have no hesitation in saying, it would be considered as
a Mere Mock-trial.” The trial ended on 12 March with the
Senate voting 20 to 6 to convict Pickering and remove him from the bench.
JQA, who voted with the minority, later wrote that the trial
established a disturbing precedent that “insanity—sickness,—any trivial error of
conduct in a judge, must be construed into misdemeanors, punishable by impeachment” (JA, D&A
, 2:40; Biographical Directory of
Federal Judges, www.fjc.gov/history/judges; Lynn W. Turner, “The Impeachment of John
Pickering,”
AHR
, 54:485–507, [April 1949]; Plumer, Memorandum of
Proceedings
, p. 175; D/JQA/27, 2–12 March, APM Reel 30).
The 8 Dec. 1803 letter from Bird, Savage, & Bird has not been
found. On 2 Feb. 1804 Robert Bird wrote to JQA, requesting that he
discharge him from personal liability for money owed to JQA by Robert
Bird & Co., for which see
JQA to WSS, 2 Jan., and note 1, above.
JQA hired New York attorney Matthew L. Davis to represent him in the
case, sending letters of instruction to Davis on 8 and 18 Feb. and noting therein the
receipt of the 2 Feb. letter from Bird and a second, not found. JQA
informed Davis that he commiserated with Bird’s plight but would not release him from
personal liability, agreeing only that he be allowed to retain “a few trinkets
belonging to Mrs: Bird.” JQA met with Bird on
9 April as he traveled through New York City, but he failed to meet with other
creditors as he hoped the next day. On 11 April JQA wrote to his London
agent, Samuel Williams, asking that he collect a dividend of three shillings on the
pound that had been paid by the firm in February. JQA then wrote to Bird
on 12 April, again declining to release him (Bird to JQA, 2 Feb., Adams Papers; JQA to Davis, 8, 18
Feb.; to Williams, 11 April; to Bird, 12 April, all LbC’s, APM Reel 135;
D/JQA/27, APM
Reel 30).