John Adams to Francis Dana, July 10, 1789

[ 10 July 1789 ] 1

Dear Sir

I have received the letter you did me the honor to write on the
26 th of last month and am much obliged to you for it. The
Judicial bill is still under consideration of the senate, and altho’ it has undergone
many alterations and amendments it is imposible to say what farther changes may be made
in the house of representatives. 2 The
district Judges may be annihilated altogether, and the number of supreem judges as well
as the number of circuits doubled. The Attorney general is now to be appointed by the
President, with consent of the Senate, in course we are upon an amendment made a few days ago, if this plan continues, the Attorney
Gen l: will appoint persons to act for him, or the court
will appoint in his appearance in the district courts. M r Nathan Cushing, M r Dana M r Lowell M r Parsons and M r Sullivan have been mentioned here, as candidates for offices in the Judicial system. And
I will say to you that another person has been mentioned for one of the judjes of the
supreme court and that is chief Justice Cushing— For my own part I only wish that the
best and ablest men may be brought into the public service, such as have the clearest
and fairest reputations, are known to the people and have acquired weight and
consequence in their estimation. Parsons I think would make an excellent attorney
general, but I know not that he will be likely to be appointed. When a President has the
whole continent to look through for a single officer it is imposible to guess where his
choice will fix. Dana or Lowell would be the best of Judges for the district: and if
Main should be a district by itself, Sewal is the fittest man. If Cushing should be a
supreem judge, Dana and Sewal district Judges, could M r H be
persuaded to appoint Lowel to one of their places? Parsons I presume would be one unless
he should be attorney General. If Lowell should be a supreme judge I presume Dana may
district judge if he will, and vice versa. I speak only from my own conjecture
however. 3 The President has
representations and solicitations no doubt from many quarters, but nothing can
ultimately arranged till the bill is passed.— I feel some anxiety for Nathan Cushing,
whose condemnation of vessels in hard times have certainly made his name immortal, M r Sullivan, I presume, will have representations made in his
favor from several points of compass. His ambition is unbounded: but I wish his moral
sentiments were as delicate and his political systems as consistent, as his , Start deletion, talents are , End, Industry is examplary and his abilities
respectable. If the President should consult me, I shall give him every information in
my power, with the utmost impartiality. With regard to yourself, I have no scruple to
say, that any places in the judicial system would be honored by your acceptance of them
in my humble opinion. Reserving always however, the chief Justices office for M r Jay. With M rs Adams’s and my
best regards to M rs Dana I remain with & &

John Adams