Adams Family Correspondence, volume 15
th:May 1801.
I enclose you a paper, which contains the Sentence referred to in my last, passed upon the troopers who flogged Duane.1 You will be able to form from the perusal of it, a more accurate opinion of the merits, than you could from my statement.
The Circuit Court of the United States, under the new organization, opened on Monday— Present the three Judges— I attended & heard the charge delivered by Judge Tilghman; it was well received & I think, deservedly so. The Grand jury was summoned by the new Marshal and though composed of respectable characters, was a very mixed assemblage.
I have been since Monday noon until last evening at Norristown
County Court, and did not hear the proceedings in the case of the Senate against Duane—
You will see by the papers the grounds upon which the trial was postponed to next term—
The non-attendance of the Commissioners named on behalf of the Senate to take
depositions, was assigned as the principal inducement to put off the cause— Mr: Otis was one of the Commissioners & can inform you why
he did not attend a second time.2 It is
said he left Washington before the second day of meeting arrived. I have no doubt that
he had the best of reasons for not going or rather for not staying till the second
meeting, and the bare-faced impudence of Duane in making this a pretext for postponing
his trial, ought not to have availed him. I am really alarmed when I see such a
multiplicity of examples, wherein these paltry grounds are admitted in our Courts of
Justice to delay the trials of these criminals. Judge Chase is the only instance of
firmness on similar occasions that can be produced, & had the principle laid down by
him in the case of Cooper & Callender been applied to the present, the trial must
have proceeded.3 But who can bear to be
libelled in the Aurora?
I am cordially your friend
RC (MHi:Misc. Bound Coll.); addressed: “William S Shaw / Boston”; internal address: “W S Shaw”; endorsed: “T B Adams / rec 20 May” and “rec 20 May.”
TBA in a letter to Shaw of 10 May (MWA:Adams Family Letters) criticized the
verdict in favor of William Duane in a 7 May trial in Philadelphia Mayor’s Court. The
trial resulted from Duane’s reports in the Aurora General
Advertiser, 16 April 1799 and 14 May, that claimed federalized city horse
troops had received free lodgings when they were sent to Northampton, Penn., to quell
Fries’ Rebellion. The troops responded by assaulting Duane at his house, prompting him
to file civil suits that resulted in five awards of $100 73 to $120 each. The newspaper TBA
enclosed has not been found, but the Philadelphia
Gazette, 13 May 1801, printed an extensive report on the trial. The decision,
TBA wrote in his letter to Shaw, demonstrated that “our magistrates
are, some of them, so much influenced by popular considerations & so apprehensive
of being abused in the Aurora, that they will sacrifice men of their own party at the
shrine of vulgar favor” (vol. 13:435; Allen C. Clark, William Duane,
Washington, D.C., 1905, p. 21).
On 11 May a session of the U.S. Circuit Court opened in
Philadelphia, presided over by judges William Tilghman, Richard Bassett, and William
Griffith. Tilghman opened the session with a charge to a grand jury called by John
Smith, the marshal of the Eastern District of Pennsylvania, in which he discussed “the
criminal law of the United States and the duties of Grand Juries.” The next day the
court took up Duane’s postponed trial for contempt of Congress, for which see vol.
14:190–191. After hearing
arguments from both sides the judges ruled that because a Senate committee that
included Harrison Gray Otis had failed to finish interviewing witnesses before
Congress adjourned on 14 May, a motion by Duane to again postpone the trial would be
granted (John B. Wallace, Reports of Cases Adjudged in the
Circuit Court of the United States for the Third Circuit, 2d edn., Phila.,
1838, p. 5–12; Philadelphia Gazette of the United States,
11, 13 May). For a third trial involving Duane, see
TBA to JQA, 8 June, and
note 5, below.
In April 1800 Judge Samuel Chase in presiding over the sedition
trial of Dr. Thomas Cooper in U.S. Circuit Court allowed Cooper three days to gather
evidence. Chase was also the judge in the sedition trial of James Thomson Callender
that resulted from attacks on JA and other Federalists in his The Prospect before Us, for which see
AA to JQA, 30 May 1801,
and note 5, below. Callender’s attorneys sought a delay of several months to give them
time to prepare the case, but Chase allowed only five days (vol. 14:218–219, 220, 228; Smith, Freedom’s Fetters
, p.
318–319, 346).
I have received two Letters from you since I wrote to you, one 26
April, the last 2d May—inclosing one from Your Brother,
which I now return, without knowing what advice to give You; upon the Subject of it; in
what productive property you can place his interest, excepting those he has prohibited
you from, I know not,1 the funds of this
State Stand well, and are to be had with great difficulty, the funds did not feel the
depression here; which they experienced in Your disorganizing State: I cannot say what
will be their fate— with a Genevian at the Head of the treasury; and Such measures as
may be prosecuted by those who now hold the Reins of Goverment.2 My own faith is but as a Grain of Mustard,3 yet all the little ready money income we
possess, is in the funds, and I think I should still venture more if I had it; Burrs
maxim was, if you have but one chance in a hundred, risk that one, I do not however hold
up Burr as a model for any one to follow, tho he gaind his hundredth chance. Neck or
nothing; may do for those who are desperate, but for a prudent man who is studying how
to make his little, more productive the doctrine of chances is a bad one— I think if
your Brother was upon the Spot, he would Vest his property at this present time in the
public funds, 74 Say some in one kind, and some in an other; your the task devolved upon You is a difficult one;
and must make You very anxious and solicitous; as to real estate, we have not any here
which will Yeald 8 pr cent—and I know you will
endeavour to do for the best;
In reading the Letters of the late Lord Littleton who you know was
a very dissolute and proffligate Character, tho possesst of great tallents, I was Struck
with the justness of the following observations, which are so perfectly correct that I
cannot refrain transcribing them. in a pennatentiary Letter to a Friend, he says “When I
Seriously reflect on the miseries of dependance, by what ever name it may be
distinguished, I cannot but admire the prudence, and envy the disposition, of those Men
who preserve themselves above it. I am convinced, that no Man can be happy, or
honorable, who does not proportionate his expences to the means he possesses: if your
creditor is a shoemaker and you cannot discharge his Bill, whatever your rank may be, he
becomes your Master Superiour; and the moment you
put it out of your power to pay a Servant his wages, he becomes Your Master. the
circumspect use of money, arising, not from any avaricious principle, but from the wise
practise of applying means to ends, will keep a Man in that State of independence which
is the Rock of Life. on that foundation he can stand firm, return the haughty look,
Smile at the supercilious frown, give truth its due force, and Scorn the embroidered
lie. Without a liberal prudence, virtue is continually harrassed by Necessity, pleasure
has but an interrupted enjoyment, and Life becomes a Chequered Scene of agitation and
Distress.[”]4
these Sentiments are so conformable to my own feelings, that there is not a superfluity I would not readily relinquish a convenience that I would not curtail; to preserve that independance upon that plan I am now practiseing. My Household are lessend, and I do not fail to put my own hands to many of those Services, which have been performed for me by others, feeling gratefull that the blessing of health is indulged to me in a larger proportion than formerly, and thankfull for that early Education which taught me to rise early and deal out my portion to my household— if now and then a qualm of mortification passes through my mind, at seeing those riches wealth Liberty and Peace Squanderd away, which has been the Price of 40 Years incessant toil; I endeavour to suppress it, by the reflection, that a consciousness of having done well is the Sweet reward of virtue—
Your sentiments respecting the Retirement of those great Characters
who have borne a distinguished part in the Government of our 75 Country are perfectly correct; daily instances occur which prove that there Services
are duly appreciated by individuals in the most remote and distant parts of the united
States, and a gratefull fame will wait upon their memory, (unless by the new change in
human affairs) the great and good Men of this Country and period shall be lost to the
knowledge of distant generations; From the specimins already given we have every reason
to expect that the corruption of the times, has given to dissolute Men the need of
Virtue; to be destitute of moral principle is no bar to promotion, there is even
encouragement to be wicked; and as Some one Said upon a similar occasion, the Devil
certainly goes about in more pleasing Shapes than that of a roaring lion.5 our Town of Boston, is now represented by Austin
alias Honestus, dr Jarvis, George Blake, and others of Similar politicks. the Jacobins
have carried all their measures, except in a Gov’r and that
would have been in the same way, if it had depended upon Boston; we are to undergo a
state of Humiliation and persecution, and it will be well for us, if it works out
repentance and reformation—6 We want the
Scourge, for like Jeserun, we have waxed fat and kicked—7 our exclusive Patriots have great reason to
exult, in the work of their own hands in Spight of all the turmoil in the political
World, the Feilds look Green, the trees Bloom, and the Season promisses a plentifull
supply let us then rejoice and be Glad, for the Lord Reigneth8
William & John Smith have returned to Quincy, and are going to atkinson— I expect Sally and child next week to pass the summer. Let me hear often from you, present me kindly to all inquiring Friends and be assured of the tenderest / affection of your Mother
RC (Adams
Papers); addressed: “Thomas B Adams Esqr /
Philadelphia”; endorsed: “Mrs: A Adams / 16th: May 1801. / 23d: Recd: / 31st: Ansd:.”
TBA enclosed JQA’s 7 Feb. letter with his of 2 May to AA , above. In the February letter, for which see vol. 14:559–562, JQA informed TBA that he was withdrawing his funds from Holland and seeking investment opportunities in the United States, and that he preferred to invest in Massachusetts institutions rather than in federal bonds.
On 14 May Thomas Jefferson named Swiss-born Albert Gallatin as
U.S. secretary of the treasury, a recess appointment confirmed by the U.S. Senate on
26 Jan. 1802 (vol. 10:82; Jefferson, Papers
, 33:670; Exec. Jour.
, 1:405Exec. Jour., 7th Cong., 1st sess., p.
405
Matthew, 17:20.
AA quoted a letter printed in Letters of the Late Lord Lyttelton, 2 vols., London,
1780–1782, 2:188–192, a collection published soon after the 27 Nov. 1779 death of
Thomas Lyttelton, 2d Baron Lyttelton, but probably written by William Combe. The
letter was alleged to have been written after the notoriously extravagant Lyttelton
returned from a “Paris jaunt” that had “emptied my purse,
led me into difficulties, and made me dependent where dependence is particularly
painful” (
DNB
).
Letters of the Late Lord Lyttelton,
1:153.
For the results of the 13 May 1801 Massachusetts elections, see AA to JQA, 30 May, and note 9, below.
Deuteronomy, 32:15.
Psalms, 97:1.