Boston
June
10th: 1786.
Dear Sir
It gives me the highest satisfaction to hear a person with your advantages
to judge of the subject declare that the people of the United States
are not so divers in their [?] and ideas as to render it improbable
that they should unite in a social compact. Both the federal and the
particular governments in America appear to me to be as favourable to
the rights of the people as the idea of any government at all will admit
of. So far therefore as respects the body of the people the system is
inestimable. Its defects are so many pledges for their private liberty.
To reject it therefore would not only stigmatize the character of our
countrymen, but cut off the last hope of philosophy, that human nature
will attain to be governed, without sacrificing those privileges for
the preservation of which government is established. Whether the Confederation
will receive those aids from Massachusetts which Congress have required,
no one as yet can predict. The Bill Bill [yes, stated twice on the page
turn] for granting the supplementary funds has been called up in the
House, and the question for a third reading negatived: but on a subsequent
question, whether the House would grant the funds agreeably to the recommendations
of April 1783 and Febry 1786 these were 59 yeas against 45 nays. But
this majority is hardly sufficient enough to ensure the measure against
the incidental objections which may be made to the Bill, and the occasional
changes of members, which, you know, are frequent in this numerous body.
There are a great number of new faces, and many of them even at this
day, affect to declare, that they are surprised at the proposition of
which they never before heard any account. Many are tied up by ridiculous
instructions. And there are others who as yet stand neuters. Among the
latter, you will be disappointed to find [?] who, I think, though a
decided friend to the grant, has given it a more fatal check, than any
of its opposers. He is vexed that the alteration of the 8th article
in the Confederation has taken place in Massachusetts; and declares
that no grants ought to be made till the old rule is again established.
This objection never came into view but through him; though, it will
now, I dare say, be be [page turn again] made great use of. The subject
comes on again next Friday.
I think you must set me down for a loyalist when I write so much in
favour of out government at a time when it frowns so sternly at our
profession. But this disadvantage, I dare say, will be temporary though
it is [?] enough while it continues. The majority of the two Houses
have shown a strange prejudice against Lawyers. In filling up the vacancies
in Senate they have preferred [?] to [?]; but, above all, [McNichols?]
to [?]. I cannot give you a better account of the origin of the clamour
against us than the motives you suggest. I believed to have arisen from
several causes originally discontented disportion of the people. That
the [detroy?] of the Commonwealth are blindly concerned in the attack
is doubtless. And so bold are they in their plan, that they themselves,
when in all probability protected from arrests by the privileges of
the House only, stand up and move for a more easy mode of recovering
debts. There have been various committees appointed on the subject of
the practice of the law, the Fee-Bill [?]. The only measure which has
yet to reached the table, is, a Bill providing that where where [the
last page turn] the parties agree to end their [?] by a reference of
Justice may make out the rule, & the Common Pleas shall proceed
to execute the award in like manner as if it was made under a rule of
that Court. There is some talk of abolishing the Courts of Com. Pleas;
but among the part of High Flyers~
I am sorry to write you on the subject of this Letter in such a hurry,
as does not admit my informing you fully upon it. Bit if I can get opportunity
while the Court sits I will send you a better account of all matters
here. We have received [?] of [?] being chosen President. I, till then,
expected the pleasure of his company to dine at Bunker's Hill the 17.
[?] at the opening of the passage over the Bridge. Your enclosures under
cover of 3. June shall be transmitted. Sam Dear Sir, Please give my
best wishes to Mr. King.
Your Affectionate Friend & Humble Servant
[?]
Hon. N. Dane Esqr
New York~