Papers of John Adams, volume 21
th.March 1791
having observed in a Philadelphia paper under date of the
24th. februy.,
that a Steward is wanted for the Presidents household; being much reduced in
my circumstances, and considering myself well qualified for that business,
have concluded that the birth might be worth my acceptance, which leads me
to solicit your Excellencys recommendation in my behalf,1 for that purpose; hoping from your
Excellencys known Candour, and benignity, that you will overlook any
impropriety that may appear in this Application.
Your Excellency is doubtless acquainted with the origin
of my family, being nearly related to the Averys at Boston; and were you as
well informed of the sentiments which actuated my conduct in behalf of
America during the late War, and the trouble which attended me in a British
Government, in Consequence of the support Afforded to four Masters of
American ships, in Accomplishing their escape in a boat down the Bay of
Fundy, for which I was imprisoned, and indicted for treasonable
Correspondence, and of which I believe Colo:
Wadsworth from other representations, could give you some account, you would
I am persuaded think that I meritted some favour from a Country I was taken
from this state by my father at the settling of 6 Nova Scotia in the Year 1760. &
returnd here in 1785. the welfare of which was ever the highest object of my
wishes; notwithstanding its inhabitants captured from me during the war, in
five vessels, the amount of Seven Thousand pounds
Sterling, which has reduced me to such straits, that it is with the
utmost difficulty that I can support a family, which in point of
Amiableness, and respectability, (poverty only excepted) might vie with any
in this state.
not to be further tedious, I will only assure your Excellency, that no part of my conduct shall ever Counteract any thing you may be pleased to say or do in my favour; Nevertheless my accepting of the place of Steward must depend upon the wages that is allowed, because if I cannot better my situation I must remain as I am, with the highest sentiments of esteem
Your Excellencys most respectfull / & very Obedt humble Servant
PS I conceive that a Steward in the Presidents household is not obliged to associate with the common Servants, nor mess with them at the same table;
I should chearfully engage in any Credible line of business, however fatiguing, and should prefer that which would require the most exertion—
I consider myself to be master of Book Keeping, and am well acquainted with the french language, sufficient to negotiate any business with them—
the masters of vessels alluded to in my letter, were
a Captain Shackford then living to the Eastward of Boston near piscatuqua—
a Captn George Bonner of
Georgia
a Captn. Harrison of or
near Philadelphia &
a Captn Barbaree of or
near New York.—2
for these Gentlemen I procured horses at Halifax Escorted them thrõ the woods to the head of the Bay of Fundy, on hearing they were pursued I dispatched them across the Bason of minis to an Island. then purchased a large sail Boat & sent to them with which they escaped and arrived safely to this Country, this was done in the Year 1776
I had written to Colo.
Wadsworth upon this subject. but hearing he will be at home the day
after to morrow, have not forwarded his letter—
RC (Adams Papers); docketed by JA: “Mr J Avery / 1791.”
Avery saw the president’s advertisement in the
Philadelphia Federal Gazette, 24 Feb., but
he did not get the job. Through his secretary Tobias Lear’s efforts,
George Washington rehired his previous chef and steward, New York City
tavern keeper Samuel Fraunces (ca. 1722–1795), who resumed his duties in
November (
AFC
, 10:234; Washington, Papers,
Presidential Series
, 4:375–376, 8:121).
Avery aided Capt. Josiah Shackford (ca. 1747–1829),
of Portsmouth, N.H., who commanded the Middlesex, Capt. George Bonner of the Camden, Capt. George Harrison of the Tyger, and Capt. Thomas Barbar, of New York (Portsmouth New Hampshire Gazette, 8 Nov. 1771, 6 Oct.
1829; New-York Gazette, 24 May 1779; Virginia Journal and Alexandria Advertiser,
29 July 1784; New-York Daily Gazette, 15
Oct. 1805).
th:1791.
The Justices of the Supreme Judicial Court in obedience
to the order of the Senate of the 14th: of Feb:
last, beg leave to submit the following opinions in answer to their
Questions.1
First “Whether a Bill or Resolve having passed both Branches of the Legislature, and being laid before the Governor for his approbation, less than Five days before the Recess of the General Court next preceeding the last Wednesday in May, and Five days before the period when the Constitution requires the General Court shall be dissolved, but not acted upon by him, has by the Constitution the Force of Law?”
If by “Recess” in this question is meant a Recess after a Prorogation, or a Recess after an Adjournment where there is no subsequent meeting of the same General Court on that adjournment, The Court are clearly of opinion that such Bill or Resolve by the Constitution hath not the Force of Law.
Secondly “Whether a Bill or Resolve having passed both Branches of the Legislature and being laid before the Governor for his approbation less than Five days before any Recess of the General Court, other than such as is stated in the preceeding question, and not acted upon by him, has by the Constitution the force of Law?[”]
If by the Term “Recess” in the second Question is intended a Recess upon an Adjournment, and such Bill or Resolve lays more than Five days before the Governor for his approbation, including the days of the Court’s sitting before the Adjournment, and so many days of the Court’s sitting upon such Adjournment as will make up the full Term of Five, without the Governor’s returning the same with his 8 reasons for not approving it; we conceive such Bill or Resolve hath the force of Law: For all the Days of the Court’s sitting, although an Adjournment intervenes, are but one Session: But where a Prorogation intervenes the Session is then ended, and a Bill or Resolve after the Session is ended, cannot acquire the force of Law.
All which is humbly submitted
FC (MHi:Photostat Coll.); internal address: “Honb̃le President of the Senate &c.”
The wording of the Massachusetts Constitution of 1780
opened a path for lawmakers to hurry a governor into signing a bill at a
session’s close, while cutting off the opportunity to suggest revisions.
The Mass. senate solicited answers from state judges, and this document
reveals how those justices shaped early legal practice through the
issuance of advisory opinions rather than case law (Philip Hamburger,
Law and Judicial Duty, Cambridge, 2008,
p. 375–377).