Papers of John Adams, volume 20
th.Dece
r.1790
I have unexpectedly been hon’d with a letter from your
Excellency.1 The present edition of the
Little performance I sent you, consists of only 350, most of which have run off beyond
my expectations; some 455 of my eastern friends have advised me to secure a
copy right, & prepare for a 2d. edition upon a more
enlarg’d scale: should this be tho’t expedient or not any remarks you may please to
furnish me, will confer a particular favour. Should I attempt a second edition I have
thoughts of interspersing the work with extracts either from my Journals in America,
France, the Netherlands or in England, haveing always kept a regular diary from day to
day in all my perigrinations since the year 77. My tour in Holland was so limitted,
& my stay there so short, that I must necessarily have been led into many
inaccuracies.
In some of my general reflections particular in respect to America, I have adopted several Ideas I catch’d from you when at the Hague.
Your friendly solicitation for my wellfare claims my fervent
gratitude. Altho’ my former commercial exertions in Europe terminated most fatally to my
purse, & peace of mind; yet I cannot reproach myself for any misconduct or
inattention; and I have the pleasing consolation of haveing Left England with honour
& advantage; because I obtained my compleat discharge, in addition to an allowance
of about £700—from my assignees. this Sir, with small
speculations, & strict economy has enabled me to subsist my Little family with
decency, without invadeing this small Stock. As I had from the begining taken a decisive
part in exerting my little mite to promote the progress of the new constitution, I had
form’d some hopes of obtaining under the new government a small appointment adequate to
my experience on the active stage of business.
From a personal acquaintence with several members of both houses, who appeared anxious to promote my views; I was Led to cherish such hopes—but Alas! I soon found myself lost in a host of greedy applicants. You see Sir—I write with freedom and without reserve—the familiar stile of your letter, seems to warrent it, by your removeing the barrier, which places your elevated Station, from my obscurity at such an immense distance.
Respecting the Tory business, the whole matter had escaped my mind;
but I recolect now to what I had perticular referencce. In the year 82 as well as 84 I
spent about a month in each year in Birmingham; where resided Judge Oliver, Elisha
Hutchenson, Doctr. Oliver, & many other refugees— you
may recollect Sir our family connection by intermarriages—so in fact, I was upon the
most familiar footing—divested of political prejudices: Your name being frequently on
the carpet—the Judge in perticular seem’d fill’d with rancour & mortification—
Indeed he appear’d to lay all his reverse of fortune at your 456 door, as the original & principal cause of the revolution, as well as the
persecution of the tories.2
I am (with respects to Mrs. Adams
family) Very respectfully / Your devouted & Oblig’d Hl.
St.
a.Watson J
r.
RC (Adams Papers); addressed: “His Excellency John Adams Esqr. / Vice President / of the / United States / In Congress”;
internal address: “His Excelly. John Adams Esqr.”; docketed by JA: “Elkanah Watson / Albany
Decr / 1790.”
Of 16 Dec., above.
Loyalist Peter Oliver, with his son Peter Jr., fled to England
during the Revolutionary War. Peter Sr.’s daughter, Elizabeth (1735–1767), married
Watson’s half-brother, George (1718–1800). Boston merchant Elisha Hutchinson
(1745–1824), Harvard 1762, was a son of Massachusetts’ last royal governor, Thomas
Hutchinson (
Sibley’s Harvard Graduates
, 8:760, 761; 15:85, 86, 264; Augustus
Thorndike Perkins, A Sketch of the Life and a List of Some of
the Works of John Singleton Copley, Boston, 1873, p. 126, 127).
r30 1790
I have had the pleasure of receiving your letter1 and should be happy to furnish you with any hints concerning the study of the Civil Law, which may occur to me after having laid aside all such studies for many years. Under the general phrase Civil law is often understood what is commonly considered the learning necessary to obtain a degree of Doctor of Laws LLD the common abreviation signifies Legis Legum Doctor or Utriusque Juris Doctor. One branch of the division is the Law of Nature and Nations and the other the Roman Law
Of the first of these, Grotius, Puffendorf, Burlamaque, Vattel
Heineccius, Bynkershoeck, Noodt, are the writers most in use and I suppose as good as
any— Of the last, if your intention is to confine your inquiries to the English
language, Woods institute of the Civil Law, Domat, Dr Taylor
and Wiseman’s Law of Laws may answer your purpose. But if, as I presume it will, your
ambition and curiosity should prompt you to become a master of this divine science as it
used to be called, you will in the first place find it necessary to increase your
familiarity with the Latin language and the Roman learning in general. The institutes of
Justinian, the Code the Novells and the digest are all in latin. Commentators on all
these writings are innumerable. But Hoppius, Vinnius, Gail and Cujaicius with Oughtons
Ordo Judiciorum are esteemed the best.2
There are many little Compendium’s or abridgments in latin of the institutes, which you
may read to 457 advantage— They will frequently fall in your way at
sales and may be purchased cheap. But if you read carefully the institutes and acquire a
familiarity with the titles and indexes of the Corpus Juris, So that you may be able
readily to Search a point as you may have occasion, you will find it very useful and
agreeable.— Those who pretend to be very learned in this way Study the Greek translation
of Theophilus, of the institutes of Justinian which is indeed rather a commentary I wish
you much pleasure and profit at the bar and am with much affection your friend as well
as Uncle
LbC in CA’s hand (Adams Papers); internal address: “Mr William Cranch. Braintree.”; APM Reel 115.
Of 11 Dec., above.
JA’s recommendations fell into three categories, and
nearly all were drawn from various editions held in his library at MB. JA’s recommended reading
on the law of nations included: Hugo Grotius, The Rights of
War and Peace, London, 1738; Samuel von Pufendorf, Law
of Nature and Nations, London, 1729; Jean Jacques Burlamaqui, The Principles of Natural and Politic Law, 2 vols., London,
1763; Emmerich de Vattel, The Law of Nations, or Principles of
the Law of Nature, Applied to the Conduct and Affairs of Nations and
Sovereigns, London, 1793; Johann Gottlieb Heineccius, A
Methodical System of Universal Law, 2 vols., London, 1741; Cornelius van
Bynkershoek, Opera Omnia, Leyden, 1767; and Gerard Noodt,
Opera Omnia, Leyden, 1760. For the second category, of
civil law, JA advised reading these works: Thomas Wood, A New Institute of the Imperial or Civil Law, London, 1704;
Jean Domat, Civil Law in Its Natural Order, transl. W.
Strahan, 2 vols., London, 1722; John Taylor, The Elements of
Civil Law, Cambridge, 1755; and Sir Robert Wiseman, The
Law of Laws, London, 1656. JA’s final category, of suggested
reading in Roman law, included: Justinian, Codex, Digesta,
Institutiones, and Novellae; Joachim Hoppe, Commentatio succincta ad Institutiones Justinianeas,
Danzig, 1693; Arnoldus Vinnius, Commentarius . . .
institutionum imperialium, Leyden, 1642; Andreas von Gail, Practicarum observationum, tam ad processum judiciarium,
praesertim imperialis camerae, Cologne, 1578; Jacques Cujas, Opera omnia, in decem tomos distributa, 10 vols., Paris,
1658; and the Greek translation of Theophilus’ Institutes of
Justinian, The Hague, 1751 (
Catalogue of JA’s Library
).