Adams, John Quincy (1767-1848) to James Bridge

Boston Septr: 8. 1793.

My dear friend
I send you herewith a trifle of my own, which you should have received two months ago had it not been for lack of opportunity to send it. The public have been pleased to think more favourably of it than it deserves, and in recommending it to the indulgence of your friendship, I am persuaded it will meet with no severity of criticism from you.
There is an action of Samuel Clark vs. Tephamiah Newland which I expect will be entered at your next Court of Common Pleas. It is upon the confession Act, returnable before Justice Nichols of Woolwich on the twelfth of this month; I have obtained from him a promise that he will enter an appearance for the dept. and I have given authority to receive notice of its being carried up.
I wish you to appear for the defendant, and propose to the plaintiff to pay him the principal and interest due upon the small note declared upon, and a quarter part of the same sum for his costs; which will amount in the whole to four pounds and some odd shillings. [L]et him draw upon me for the money, and his order shall be paid [2] at sight, he at the same time sending me a receipt in full for that note. I have the money now ready in my hands. But if he will not accept of that offer, then plead generally to his two counts - take issue upon that which sets forth the small note, and let him recover upon it; which will entitle him only to the quarter part as much costs as damages: and demur to his declaration as to the other note, which being special (to be paid in specie, fish, sugar &c) requires a special request before the plaintiff can have a right of action; such special request the plf has not alleged; and if he had he could not have proved it; for in fact he never did make one. I take the necessity of a demand before action brought upon such a note, to be a point clearly settled, and the principle is laid down very plainly in 3. Salk. 308.9 - title Request - the bringing the action cannot surely be considered as a request to pay in specie, fish, sugar &c. Upon further consideration I believe it will be best to take issue upon the whole demand, and argue to the jury against the legal right of plf to his action upon the special note; and if the jury nonobstante the argument should give the plf damages for the whole demand it may be moved in arrest of judgment. If however the Court as well as the jury should be against us, I wish you would attend to the taxing of the bill of costs. The writ was served by a constable, who I presume has no right to charge any travel, since by law he cannot travel out of his own town to serve a process. On the [3] other hand, if you recover costs for defendant, charge his travel from Boston, which twice repeated, will make a tolerable bill for you. I say if you recover costs, because there appear to me to be other defects in the writ. The notes are both of them joint signed by another man, besides the defendant; he is stated in the declaration to be dead, and the fact is so; but if I recollect right, the declaration does not alledge that neither of the signers ever paid the notes; it only says that the other man did not in his life time and that Newland has not since, but Newland might have paid in the life time of the other, and it does not appear from the declaration but that he did. This objection I think would be fatal upon a special demurrer to the declaration, and you will consider whether it may be risked. I have been already too particular and might have comprised all these instructions in the general request to take all the advantages the law will allow to defeat the action in the whole if possible, or in part and as far as may be practicable.
The reasons why the deft. is warranted in this rigour are; that he originally signed the notes only as security for the other man, who is dead insolvent and he is called on to pay the money without having received any personal consideration. That (so he says) the plf has verbally promised him he never would call upon him for more than half of the debts. That the plf took him with a single writ here and would have kept him confined in [illegible] if I had not made myself responsible [4] for the whole demand; though I assured him that the whole matter should be settled upon the fairest terms, so soon as Newland by recovering a sum of money, for which he was then litigating, should attain the only means that could be in his power to discharge the obligations - so that upon every account the plf is entitled to nothing from us beyond the letter of the Law. For your fees in the case draw upon me, as I have property of Newland's in my hands.
If without going through the course of the Law, the plf will take twenty five dollars, and give up both the notes I am ready to pay the money: and this I think a fair offer, and a proposal which if accepted will be advantageous to both parties.
If the plf should have engaged you in the cause before this Letter reaches you, be so kind as to give me the information as soon as possible, and at the same time let me know whether you think the action maintainable to its full extent in the present form. And if not, upon what terms you will make a settlement.
Your invariable friend J. Q. Adams

[Docket:] J. Q. Adams Sept 8 1793