The Writings of Samuel Adams Volume IV Part 36

BOSTON July 14th, 1789

DEAR SIR

I have not lately received a Line from you, and am ready to impute it to the Multiplicity of Affairs in which your Mind is employed. You must not expect that I shall be even with you upon the epistolary Score, for the Reason which I have heretofore given you. I wish to know from you the State of federal Affairs as often as your Leisure may admit.1 We organize our State Governments, and I heartily wish that their Authority and Dignity may be preserved within their several Jurisdictions, as far as may be consistent with the Purposes for which the federal Government is designed. They are in my opinion pet.i.t Politicians who would wish to lessen the due Weight of the State Governments; for I think the federal must depend upon the Influence of these to carry their Laws into Effect; and while those Laws have for their sole Object the promoting the purposes of the federal Union, there is Reason to expect they will have the due Support of the State Authorities. Places are now become the Object of Mult.i.tudes; I mentioned to you in a former Letter the name of Leonard Jarvis, Esqr whom I hope you will not forget. Israel Keith, Esqr wishes to have the Place of Marshall within this District. He is a Gentleman of the Law, and was during the War Aid de Camp to General Heath, who I understand has recommended him to the President. You will gratify the wishes of Mr Keith as far as shall consist with your own Ideas of Propriety; and be a.s.sured, that I am sincerely

Your Friend,

P. S. I have been informed that Mr Edward Church a Native of this Town, but now an Inhabitant of Georgia is in the City of New York. I take him to have been a steady Friend to the Liberties of our Country, and a man of Sense and Integrity. If it will not weary you with Applications I will beg your Notice of him, and after your own Inquiries afford him your Influence, if you shall think it proper, in promoting him to a suitable Employment under Congress in the State of Georgia. This I mention without his Sollicitation, or even Knowledge.

1 Lee was at this time in the United States Senate.

TO ELBRIDGE GERRY.

[MS., Samuel Adams Papers, Lenox Library]

BOSTON Augt 22 1789

MY DEAR SIR

I wrote to you hastily two days ago, & as hastily vent.u.r.d an Opinion concerning the Right of Congress to controul a Light-house erected on Land belonging to this sovereign & independent State for its own Use & at its own Expence. I say sovereign & independent, because I think the State retains all the Rights of Sovereignty which it has not expressly parted with to the Congress of the United States--a federal Power inst.i.tuted solely for the Support of the federal Union.

The Sovereignty of the State extends over every part of its Territory.

The federal Const.i.tution expresses the same Idea in Sec. 8, Art. 1. A Power is therein given to Congress "to exercise like Authority," that is to exercise exclusive Legislation in all Cases whatsoever, "over all places purchased by the Consent of the Legislature in which the same shall be, for the Erection of Forts, Magazines, and other needful Buildings," among which Light-houses may be included. Is it not the plain Conclusion from this Clause in the Compact, that Congress have not the Right to exercise exclusive Legislation in all Cases whatsoever, nor even to purchase or controul any part of the Territory within a State for the Erection of needful Buildings unless it has the Consent of its Legislature. If there are any such Buildings already erected, which operate to the General Welfare of the U S, and Congress by Virtue of the Power vested in them have taken from a State for the general Use, the necessary Means of supporting such Buildings it appears to be reasonable & just that the U S should maintain them; but I think that it follows not from hence, that Congress have a right to exercise any Authority over those buildings even to make Appointments of officers for the immediate Care of them or furnishing them with necessary Supplies. I wish to have your Opinion if you can find Leisure.

I hope Congress, before they adjourn, will take into very serious Consideration the necessary Amendments of the Const.i.tution. Those whom I call the best--the most judicious & disinterested Federalists, who wish for the perpetual Union, Liberty & Happiness of the States & their respective Citizens, many of them if not all are anxiously expecting them. They wish to see a Line drawn as clearly as may be, between the federal Powers vested in Congress and the distinct Sovereignty of the several States upon which the private & personal Rights of the Citizens depend. Without such Distinction there will be Danger of the Const.i.tution issuing imperceptibly and gradually into a consolidated Government over all the States; which, altho it may be wished for by some was reprobated in the Idea by the highest Advocates for the Const.i.tution as it stood without Amendmts. I am fully persuaded that the population of the U S livg in different Climates, of different Education and Manners, and possest of different Habits & feelings under one consolidated Governt can not long remain free, or indeed remain under any kind of Governt but despotism.

You will not forget our old Friend Devens, and if you please mention him to Mr R H Lee.

Adieu my dear Friend and believe me to be sincerely your,

P. S. The joint regards of Mrs A & myself to Mrs Gerry.

TO RICHARD HENRY LEE.

[MS., Lee Papers, American Philosophical Society; a draft is in the Samuel Adams Papers, Lenox Library.]

BOSTON August 24th 1789.

MY DEAR SIR

Your very acceptable Letter of the 8th Current came to me by the Post.

You flatter me very much when you tell me that any sentiment of mine can please you. I have always been apprehensive that through the weakness of the human Mind often discovered even in the wisest and best of Men, or the perverseness of the interested, and designing, in as well as out of Government; Misconstructions would be given to the federal const.i.tution, which would disappoint the Views, and expectations of the honest among those who acceded to it, and hazard the Liberty, Independence and Happiness of the People. I was particularly affraid that unless great care should be taken to prevent it, the Const.i.tution in the Administration of it would gradually, but swiftly and imperceptably run into a consolidated Government pervading and legislating through all the States, not for federal purposes only as it professes, but in all cases whatsoever: such a Government would soon totally annihilate the Sovereignty of the several States so necessary to the Support of the confederated Commonwealth, and sink both in despotism. I know these have been called vulgar opinions, and prejudices: be it so--I think it is Lord Shaftsbury who tells us, that it is folly to despise the opinions of the Vulgar; this Aphorism, if indeed it is his, I eagerly catched from a n.o.bleman many years ago, whose writings on some accounts, I never much admired. Should a strong Federalist as some call themselves see what has now dropt from my Pen, he would say that I am an Antifed, an Amendment Monger &c; those are truly vulgar terms, invented and used by some whose feelings would be sorely wounded to be ranked among such kind of Men, and invented and used for the mean purpose of deceiving, and entrapping others whom they call the Vulgar; but in this "enlightned" Age one should think there was no such Vulgar to be thus amused, and ensnared. I mean, my friend, to let you know how deeply, I am impressed with a sense of the Importance of Amendments; that the good People may clearly see the distinction, for there is a distinction, between the federal Powers vested in Congress, and the sovereign Authority belonging to the several States, which is the Palladium of the private, and personal rights of the Citizens. I freely protest to you that I earnestly wish some Amendments may be judiciously, and deliberately made without partial or local considerations--that there may be no uncomfortable Jarrings among the several Powers; that the whole People may in every State contemplate their own safety on solid grounds, and the Union of the States be perpetual. I hope that you have recovered your health, so valuable to our Country. Your Letter requires a further Consideration.

I will at present only express my astonishment at the strange and absurd Opinion of our former republican Connecticut friend. Tempora mutantur, et hic mutatur in illis.

Your friend,

TO RICHARD HENRY LEE.

[MS., Lee Papers, American Philosophical Society, a draft is in the Samuel Adams Papers, Lenox Library.]

BOSTON Augt 29th. 1789.

MY DEAR SIR

The Power of removing federal Officers at the Pleasure of the President is to be found the Const.i.tution or it is not. If it is, What Need was there of an Act or Decision of Congress to authorize it? But if it is not, could Congress give so important a Power? What have the United States been contending for? Liberty. This is the great Object of their State Governments, and has not the federal Const.i.tution the same Object in View? If therefore a Doubt arises respecting the Exercise of any Power, no Construction, I conceive, should militate with the main Design, or Object of the Charter. If there is a total Silence in the Const.i.tution, is it not natural to conclude that an Officer holding during Pleasure is removable by the same Power which appointed him, whether vested in a single Person, or a joint Number? I am sensible, it is said, that a single Person, being amenable for his Exercise of Power will use the utmost Circ.u.mspection. This may be true, but may not this Idea be carried too far in Practice? May not some Powers vested in a single Man give him such Weight and Influence as to render any Restraint from his feeling himself amenable of little, or no Effect. If this Power lodged in the Discretion of a single Person will afford a greater Security against Corruption because of his Amenability, why should not the Power of appointing as well as removing Officers be given to him? In the one Case the gracious Hand may be held forth, in the other, the threatning Rod; and both may be used for improper Purposes. In England, "the King can do no wrong" is a Maxim. His Ministers are made accountable for him; and how often have corrupt Ministers and Councellors been brought to the Block for Follies and Crimes committed by their Royal Masters who can do no Wrong? And it may also be asked, how often such Ministers and Councellors have found Means to get themselves screened from Punishment through the Influence of their Masters, by procuring Parliamentary Sanctions to such Crimes and Follies? But in the Removal of Officers the President has not a Const.i.tutional Council. He must therefore be solely accountable. I need not tell you who have known so thoroughly the Sentiments of my Heart, that I have always had a very high Esteem for the late Commander in Chief of our Armies; and I now most sincerely believe that while President Washington continues in the Chair he will be able to give to all good Men a satisfactory Reason for every Instance of his public Conduct. I feel myself constrained contrary to my usual Manner to make Professions of Sincerity on this Occasion because Dr Gordon in his History of the Revolution, among many other Anecdotes innocent and triffling enough, has gravely said, that I was concerned in an Attempt to remove General Washington from Command; and mentions an anonymous Letter written to your late Governor Henry which I affirm I never saw nor heard of till I lately met with it in reading the History1--This is a Digression to which a Man of my years is liable. Who will succeed the present President for it is the Lot of Man to die? Perhaps the next and the next may inherit his Virtues. But my Friend, I fear the Time will come, when a Bribe shall remove the most excellent Man from Office for the Purpose of making Room for the worst. It will be called an Error in Judgment. The Bribe will be concealed. It may however be vehemently suspected & who, in Times of great Degeneracy will venture to search out and detect the corrupt Practices of great Men? Unless a sufficient Check is provided and clearly ascertained for every Power given, will not the Const.i.tution and the Liberties of the Citizens for want of such Checks be finally subverted.

A Gentleman of this Place who has suffered much for his Attachment to our Cause I conceive has Doc.u.ments in his Hands which would be of Importance in the Settlement of the Eastern Boundary of the United States which appears to have been encroached upon by the British. I wrote so long ago as last April to Mr Dalton respecting this Gentleman; but have never received an Answer. He I suppose is able to give you an Account of Mr Boyd the Name of the Gentleman referred to. I wish you would converse with Mr Dalton upon the Subject. The Vice President however is probably able, and undoubtedly disposed to give you the fullest Account. I am sincerely yours

P. S. Pray write to me and let me know the State of your Health, & pay my affectionate Regards to your Brother the Doctor.

1 William Gordon, History of the American Revolution, (3rd Amer. edit.) vol. ii., p. 306.

1790

TO THE LEGISLATURE OF Ma.s.sACHUSETTS.

MAY 28, 1790.1

[W. V. Wells, Life of Samuel Adams, vol. in., pp. 288, 289; a text is in the Ma.s.sachusetts Archives.]

MR. PRESIDENT,--

Having been regularly informed that a majority of the late electors in the several towns and districts within this Commonwealth have honored me with their suffrages for the office of Lieutenant-Governor, I now present myself before the two branches of the General Court to be qualified as the Const.i.tution directs. I do the more readily obey this repeated call, because I cannot help flattering myself that it has proceeded from a persuasion in the minds of my fellow-citizens of the attachment of my heart to their rights and liberties, and my earnest desires that they may be perpetuated. My fellow-citizens may be a.s.sured that I feel that attachment and the strength of those desires. The first of my wishes, as they respect this life, is for our country; and the best of my feeble abilities shall be ever employed for her prosperity.

I shall presently be called upon by you, sir, as it is enjoined by the Const.i.tution, to make a declaration upon oath (and shall do it with cheerfulness, because the injunction accords with my own judgment and conscience) that the Commonwealth of Ma.s.sachusetts is, and of right ought to be, a free, sovereign, and independent State. I shall also be called upon to make another declaration, with the same solemnity, to support the Const.i.tution of the United States. I see the consistency of this, for it cannot have been intended but that these Const.i.tutions should mutually aid and support each other. It is my humble opinion that, while the Commonwealth of Ma.s.sachusetts maintains her own just authority, weight, and dignity, she will be among the firmest pillars of the Federal Union.

May the administration of the Federal government, and those of the several States in the Union, be guided by the unerring finger of Heaven! Each of them and all of them united will then, if the people are wise, be as prosperous as the wisdom of human inst.i.tutions and the circ.u.mstances of human society will admit.

1 Upon taking office as Lieutenant-Governor, to which office he was also elected in 1791 and 1792.