Papers of John Adams, volume 20
t18
th1789
It gives me sensible pain to be under the necessity of troubling
you further with my personal Concerns amid the weight of your public Cares: but
entertaining the fond hope that you are not totally disinterested in my welfare, I am
prompted to observe to you, that upon my arrival here I found Mr Keith had been pushing all possible force for the Marshalship of this District
a place which I mentioned to your Excellency the day before I left New york, I had
requested of the President: the above circumstance of Keiths warm application may render
some more pointed exertions on my part necessary and that I should thro some able friend
acquaint the President that relying on the force of your recommendation & others
upon another Account. I had neglected to accompany my request for the marshall with any
specific vouchers—but which if necessary I have the happiness to suppose I can obtain
from the most respectable of my fellow Citizens who are cordial in their wishes for my
success— under this impression I have taken the liberty to enclose a line to the
President which humbly hope you will do me the favr to hand
him if not militating with the delicacy of your official situation or personal Dignity.
I should be extremely hurt to ask any thing improper—& your refusal of it, if so
will be my just return: but if not I cannot but entertain sanguine wishes of success
from the medium of conveyance—1
Genl Lincoln & Govr Bowdoin not knowing of my wishes for the marshalship have
given Keith letters, but say they should have been happy in giving me the preference,
& yet hope from which they have mentioned in my behalf in another Case, joined to my
other recommendations that I may eventually succeed in my wishes—
I am sorry to use so many egotisms in my letter which the Case alone can justify—
Any assistance my much Esteemed Sir—which you may afford me in procuring a reputable situation in my Countrys service will be received with affection & remembered with gratitude by him who is with all that Respect & Esteem which your Abilities command & your virtues inspire / Your obliged & Devoted / servant
sBourn—
PS—
If you should think that your relating the circumstances of the 136 Case to the President would render a delivery of the letter unecessary; you will withhold it. I submit to your judgment a matter in which my feelings are much interested & the hopes of my friends—
My best respects to Mrs. Adams &
Family—
RC (Adams Papers); internal address: “His Excellency John Adams Esqr— / Vice President / of the / United States”; endorsed:
“Mr Bourne Aug. 18. / ansd
30. 1789.”
Merchant Sylvanus (Silvanus) Bourne lobbied JA, George Washington, and Thomas Jefferson over several months for various positions, including marshal for the district of Boston and U.S. consul at Lisbon. In June 1790 Bourne was named “Consul of the United States of America, for the Island of Hispaniola, and for such other islands.”
Gen. Israel Keith (1751–1819), Harvard 1771, of Easton, Mass.,
became a justice of the peace for Suffolk County following his service in the
Continental Army. He appealed to Washington for a position on 18 July 1789,
subsequently sending letters of recommendation from James Bowdoin and William Heath.
Keith did not earn a federal post and moved to Pittsford, Vt., to establish an
ironworks in 1791 (vol. 19:375–377; Washington,
Papers, Presidential Series
, 2:364–366,
3:234).
d.1789
I hope you will excuse my indolence as to writing; but I ought before now to have expressed my thanks for your favor of the Second volume Hollandois, which has afforded me a great fund of entertainment & instruction:1 you accomplished a great work and of a variety of thoughts arising upon the occasion, this is one—that the minister of a mighty monarch appears to make but a small Figure before a minister of a scarcely existing state. I wish your present office & Situation may be agreeable; though an inflexible adherence to the rule of right & the public good may produce opposition if not trouble; & I fear your compensation will not be equal to the circumstances.—
You were reduced lately to a [nice] Situation to be obliged to turn a point of Prerogative, but rightly turned, I think.—
I was absent Seven weeks on the Pownalborough Circuit; on our
return (Mrs. Cushing with me) we Stopped two nights at Judge
Sargeant’s; where we had the pleasure of Seeing Mr. &
Mrs. Shaw & your youngest son, who were well. And
there I had the pleasure of seeing a letter of yours (en confidence) wherein you state
some difficulties or defects respecting Supremacies &c.2 As to the Legislative & Judicial, it seems
to me, they will work their way; as to the Executive—there’s the rub. Assuming the State
debts would be a capital Stroke, if practicable.
I would propose a question upon the Constitution of the U. S., on
the third Section of the third Article, & Second Section of the fourth Article, Respecting treason, whether there be any kind of treason
which may be tried by a particular state, consistent with the Constitution, & if any
what kind. For the Constitution declares what shall be treason against the United
States—determines a mode of evidence, gives Congress power to declare the punishment;
& the Second Section of the third Article extends the Judicial power to all cases
arising under the Constitution;—and yet the Second Section of the fourth article seems
to suppose a State may have Jurisdiction in a case of treason.
Another question is, whether the power of our Supreme J. Court of
this state, of trying piracies & felonies committed upon the high Seas, by force of
the ordinance of Congress of 5th. April 1781, is not now at
an end. It seems, a Small vessel of about 30 tons, which touched in at Cape Elizabeth,
while we were at Portland, was piratically run away with from the Coast of Africa,
according to the account given us, on examination by the three hands on board. We
ordered them committed, till duely discharged.3
I must take the Liberty to remind you of our friend N. C.4 the late maritime Judge, who behaved, for ought I know, with propriety in his office, who has been a Staunch invariable friend to the cause of liberty & his Country, & at the Same time a Supporter of good government & good men—exerted himself much & got nothing—of any consequence. The office of District Judge would Seem naturally to fall to him, & I must desire your attention, if you think proper, to that matter. Indeed I have heard something which makes me suppose, you have thought of him already.— I have never had the honor to See or be known to his greatness & goodness, the President (I can give titles though Congress can’t) And if I had,—a word of yours would outweigh many of mine.—
Mrs. Cushing joins in best respects to
you & Mrs. Adams. I am, Sir, your affectionate humble
Servant—
mCushing—
RC (Adams Papers); internal address: “His Excellency / John Adams Esq— / Vice
president of the / United States— / City of / New york”; endorsed: “C J. Cushing /
Aug. 22. 1789. / Ansd. sept. 14.”
JA likely sent his “Letters from a Distinguished American,” for which see vol. 9:531–534, 536–588.
Vol. 19:472–474.
Although the details of this case are un known, Cushing’s
reference to the problems of the wartime judiciary is clear. Acting under Art. 9 of
the Articles of Confederation, the Continental Congress on 5 April 1781 established a
string of admiralty courts to handle 138 “the trial of
piracies and felonies committed on the high seas,” but it was unclear what force they
held under the new federal government (
JCC
, 19:354–356).
For the controversy over Nathan Cushing’s judicial appointment,
see
JA’s letter to
Francis Dana of [10 July 1789], and note 3,
above.