The following day thirty-four-year-old John Adams was asked to defend the soldiers and their captain, when they came to trial. No one else would take the case, he was informed. Hesitating no more than he had over Jonathan Sewall's offer of royal appointment, Adams accepted, firm in the belief, as he said, that no man in a free country should be denied the right to counsel and a fair trial, and convinced, on principle, that the case was of utmost importance. As a lawyer, his duty was clear. That he would be hazarding his hard-earned reputation and, in his words, “incurring a clamor and popular suspicions and prejudices” against him, was obvious, and if some of what he later said on the subject would sound a little self-righteous, he was also being entirely honest.
Only the year before, in 1769, Adams had defended four American sailors charged with killing a British naval officer who had boarded their ship with a press gang to grab them for the British navy. The sailors were acquitted on grounds of acting in self-defense, but public opinion had been vehement against the heinous practice of impressment. Adams had been in step with the popular outrage, exactly as he was out of step now. He worried for Abigail, who was pregnant again, and feared he was risking his family's safety as well as his own, such was the state of emotions in Boston. It was rumored he had been bribed to take the case. In reality, a retainer of eighteen guineas was the only payment he would receive.
Criticism of almost any kind was nearly always painful for Adams, but public scorn was painful in the extreme.
“The only way to compose myself and collect my thoughts,” he wrote in his diary, “is to set down at my table, place my diary before me, and take my pen into my hand. This apparatus takes off my attention from other objects. Pen, ink, and paper and a sitting posture are great helps to attention and thinking.”
From a treatise by the eminent Italian penologist and opponent of capital punishment Cesare, Marchese di Beccaria, he carefully copied the following:
If, by supporting the rights of mankind, and of invincible truth, I shall contribute to save from the agonies of death one unfortunate victim of tyranny, or of ignorance, equally fatal, his blessings and years of transport will be sufficient consolation to me for the contempt of all mankind.
There were to be two conspicuously fair trials held in the new courthouse on Queen Street. The first was of the British captain, Thomas Preston, the opening of the trial being delayed until October when passions had cooled. The second was of the soldiers. In the first trial Adams was assisted by young Josiah Quincy, Jr., while the court-appointed lawyer trying the case was Josiah's brother, Samuel, assisted by Robert Treat Paine. Whether Captain Preston had given an order to fire, as was charged, could never be proven. Adams's argument for the defense, though unrecorded, was considered a virtuoso performance. Captain Preston was found not guilty.
Adams's closing for the second and longer trial, which was recorded, did not come until December 3, and lasted two days. The effect on the crowded courtroom was described as “electrical.” “I am for the prisoners at bar,” he began, then invoked the line from the Marchese di Beccaria. Close study of the facts had convinced Adams of the innocence of the soldiers. The tragedy was not brought on by the soldiers, but by the mob, and the mob, it must be understood, was the inevitable result of the flawed policy of quartering troops in a city on the pretext of keeping the peace:
We have entertained a great variety of phrases to avoid calling this sort of people a mob. Some call them shavers, some call them geniuses. The plain English is, gentlemen, [it was] most probably a motley rabble of saucy boys, Negroes and mulattoes, Irish teagues and outlandish jacktars. And why should we scruple to call such a people a mob, I can't conceive, unless the name is too respectable for them. The sun is not about to stand still or go out, nor the rivers to dry up because there was a mob in Boston on the 5th of March that attacked a party of soldiers.... Soldiers quartered in a populous town will always occasion two mobs where they prevent one. They are wretched conservators of the peace.
He described how the shrieking “rabble” pelted the soldiers with snowballs, oyster shells, sticks, “every species of rubbish,” as a cry went up to “Kill them! Kill them!” One soldier had been knocked down with a club, then hit again as soon as he could rise. “Do you expect he should behave like a stoic philosopher, lost in apathy?” Adams asked. Self-defense was the primary canon of the law of nature. Better that many guilty persons escape unpunished than one innocent person should be punished. “The reason is, because it's of more importance to community, that innocence should be protected, than it is, that guilt should be punished.”
“Facts are stubborn things,” he told the jury, “and whatever may be our wishes, our inclinations, or the dictums of our passions, they cannot alter the state of facts and evidence.”
The jury remained out two and a half hours. Of the eight soldiers, six were acquitted and two found guilty of manslaughter, for which they were branded on their thumbs.
There were angry reactions to the decision. Adams was taken to task in the Gazette and claimed later to have suffered the loss of more than half his practice. But there were no riots, and Samuel Adams appears never to have objected to the part he played. Possibly Samuel Adams had privately approved, even encouraged it behind the scenes, out of respect for John's fierce integrity, and on the theory that so staunch a show of fairness would be good politics.
As time would show, John Adams's part in the drama did increase his public standing, making him in the long run more respected than ever. Years later, reflecting from the perspective of old age, he himself would call it the most exhausting case he ever undertook, but conclude with pardonable pride that his part in the defense was “one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country.”
• • •
A SECOND SON, Charles, was born that summer of 1770, and for all the criticism to which he was being subjected, Adams was elected by the Boston Town Meeting as a representative to the Massachusetts legislature. It was his first real commitment to politics. Inevitably it would mean more time away from his practice, and still further reduction in income. When, the night of the meeting, he told Abigail of his apprehensions, she burst into tears, but then, as Adams would relate, said “she thought I had done as I ought, she was very willing to share in all that was to come.”
But the complications and demands of both the law and politics became too much and Adams suffered what appears to have been a physical breakdown. “Especially the constant obligation to speak in public almost every day for many hours had exhausted my health, brought on pain in my breast and complaint in my lungs, which seriously threatened my life,” he would later write. In the spring of 1771, he and the family moved back to Braintree, to “the air of my native spot, and the fine breezes from the sea,” which “together with daily rides on horseback,” gradually restored him.
Another child, Thomas Boylston, was born in September of 1772, and again Adams was off on the “vagabond life” of the circuit, carrying a copy of Don Quixote in his saddlebag and writing Abigail sometimes as many as three letters a day.
Business was good in Massachusetts in the calm of 1772 and Adams prospered once again. He appeared in more than two hundred Superior Court cases. Among his clients were many of the richest men in the colony, including John Hancock. At the conclusion of one morning in court, Adams was told people were calling him the finest speaker they had ever heard, “the equal to the greatest orator that ever spoke in Greece or Rome.”
He could speak extemporaneously and, if need be, almost without limit. Once, to give a client time to retrieve a necessary record, Adams spoke for five hours, through which the court and jury sat with perfect patience. At the end he was roundly applauded because, as he related the story, he had spoken “in favor of justice.”
At home, he filled pages of his journal with observations on government and freedom, “notes for an oration at Braintree,” as he l
abeled them, though the oration appears never to have been delivered.
Government is nothing more than the combined force of society, or the united power of the multitude, for the peace, order, safety, good and happiness of the people.... There is no king or queen bee distinguished from all others, by size or figure or beauty and variety of colors, in the human hive. No man has yet produced any revelation from heaven in his favor, any divine communication to govern his fellow men. Nature throws us all into the world equal and alike....
The preservation of liberty depends upon the intellectual and moral character of the people. As long as knowledge and virtue are diffused generally among the body of a nation, it is impossible they should be enslaved....
Ambition is one of the more ungovernable passions of the human heart. The love of power is insatiable and uncontrollable....
There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.
At the same time, he was vowing, at least in the privacy of his diary, to devote himself wholly to his private business and providing for his family. “Above all things I must avoid politics...” But as tensions in the colony mounted, so did his pent-up rage and longing for action. On an evening with the Cranches, when a visiting Englishman began extolling the English sense of justice, Adams exploded, taking everyone by surprise, and Adams as much as any. “I cannot but reflect upon myself with the severity of these rash, inexperienced, boyish, raw and awkward expressions,” he wrote afterward. “A man who has not better government of his tongue, no more command of his temper, is unfit for everything but children's play and the company of boys.” There was no more justice in Britain than in hell, he had told the Englishman.
By the time of the destruction of the tea, what was later to become known as the Boston Tea Party in December 1773, he had again moved the family to Boston. His hatred of mob action notwithstanding, Adams was exuberant over the event. In less than six months, in May 1774, in reprisal, the British closed the port of Boston, the worst blow to the city in its history. “We live, my dear soul, in an age of trial,” he told Abigail. Shut off from the sea, Boston was doomed. It must suffer martyrdom and expire in a noble cause. For himself, he saw “no prospect of any business in my way this whole summer. I don't receive a shilling a week.”
Yet she must not assume he was “in the dumps.” Quite the contrary: he felt better than he had in years.
• • •
IN 1774, Adams was chosen by the legislature as one of five delegates to the First Continental Congress at Philadelphia, and with all Massachusetts on the verge of rebellion, he removed Abigail and the children again to Braintree, where they would remain.
In July he traveled to Maine, for what was to be his last turn on the circuit before leaving for Philadelphia. During a break from the court at Falmouth (later Portland), he and Jonathan Sewall, who was still attorney general, climbed a hill overlooking the blue sweep of Casco Bay, where they could talk privately.
Their friendship had cooled in recent years, as had been inevitable under the circumstances. In his diary Adams had grieved that his best friend in the world had become his implacable enemy. “God forgive him for the part he has acted,” Adams had written, adding, “It is not impossible that he may make the same prayer for me.” Now Sewall pleaded with Adams not to attend the Congress. The power of Great Britain was “irresistible” and would destroy all who stood in the way, Sewall warned.
As long as they lived, neither man would forget the moment. Adams told Sewall he knew Great Britain was “determined on her system,” but that very determination, determined me on mine.” The die was cast, Adams said. “Swim or sink, live or die, survive or perish, [I am] with my country... You may depend upon it.”
Less than a year later, after the battle of Bunker Hill, Sewall would choose to “quit America.” With his wife and family he sailed for London, never to return. “It is not despair which drives me away,” he wrote before departure. “I have faith... that rebellion will shrink back to its native hell, and that Great Britain will rise superior to all the gasconade of the little, wicked American politicians.”
Not long afterward, in a series of letters to the Boston Gazette that he signed “Novangelus”—the New Englander—Adams argued that Americans had every right to determine their own destiny and charged the foreign Ministry in London with corruption and venal intent. America, Adams warned, could face subjugation of the kind inflicted on Ireland. Unless America took action, and at once, Adams wrote, they faced the prospect of living like the Irish on potatoes and water.
• • •
WITH JOSEPH BASS AT HIS SIDE, Adams crossed Long Bridge over the frozen Charles River and rode into Cambridge in the early afternoon of January 24, 1776, in time to dine with General Washington at the temporary quarters of Colonel Thomas Mifflin near Harvard Yard. Mifflin, a wealthy young Philadelphia merchant who served with Adams in the Continental Congress, had been one of the first to welcome Adams on his arrival in Philadelphia. As a “fighting Quaker,” he had since become Washington's aide-de-camp.
Martha Washington was present with her husband, as were General Horatio Gates and his lady. When Martha Washington and Elizabeth Gates arrived in Cambridge by coach in December, it was remarked that they would surely be a welcome addition “in country where [fire] wood was scarce.” Gates, a former British officer, was an affable, plain-faced man who, like Washington, had served during the French and Indian War on the disastrous Braddock expedition. As adjutant general he was Washington's right hand at Cambridge.
Washington and Adams were nearly the same age, Washington, at forty-three, being just three years older. Powerfully built, he stood nearly a head taller than Adams—six feet four in his boots, taller than almost anyone of the day—and loomed over his short, plump wife. The three officers, in their beautiful buff and blue uniforms, were all that Adams might imagine when picturing himself as a soldier.
Yet even they were upstaged by the main attractions of the gathering, a dozen or more sachems and warriors of the Caughnawaga Indians in full regalia who had been invited to dine, together with their wives and children. Adams had been fascinated by Indians since boyhood, when the aged leaders of the Punkapaug and Neponset tribes had called on his father. But he shared with Washington and Gates a dread fear of the British unleashing Indian war parties on the frontiers, as had the French twenty years before. Recalling what he had read and heard, Adams had earlier written to a friend, “The Indians are known to conduct their wars so entirely without faith and humanity that it would bring eternal infamy on the Ministry throughout all Europe if they should excite those savages to war.... To let loose these blood hounds to scalp men and to butcher women and children is horrid.” Yet finding himself now unexpectedly in the actual presence of Indians was another matter, and he had a very different reaction.
The dinner, starting at two o'clock, was a diplomatic occasion. The Caughnawagas had come to offer their services to the Americans, and, gathered all about him, they presented a spectacle that Adams, to his surprise, hugely enjoyed. “It was a savage feast, carnivorous animals devouring their prey,” he wrote in his diary. “Yet they were wondrous polite. The general introduced me to them as one of the Grand Council Fire at Philadelphia, upon which they made me many bows and cordial reception.” To Abigail he reported himself decidedly pleased by the whole occasion.
What he could not risk telling her by letter was that the command at Cambridge had received the most heartening news, indeed the only good news, of the long, grim winter. An expedition led by young Henry Knox, a former Boston bookseller and colonel in Washington's army, had been sent to Lake Champlain to retrieve the artillery captured by Ethan Alien at Fort Ticonderoga and haul the great guns back over the snow-covered Berkshire Mountains all the way to Boston, a task many had thought impossible. Now the “noble train” was at Framingham, twenty miles to the west. It was a feat of almost unimaginable daring and
difficulty and, ironically, only made possible by the severity of the winter, as the guns had been dragged over the snow on sleds.
Mounted and on their way again the next morning, with the temperature still in the twenties, Adams and Bass were joined by a newly elected Massachusetts delegate to Congress, young Elbridge Gerry. They rode out past the pickets and campfires of Cambridge and at Framingham stopped to see for themselves the guns from Ticonderoga, Adams making careful note of the inventory—58 cannon ranging in size from 3- and 4-pounders to one giant 24-pounder that weighed more than two tons. Clearly, with such artillery, Washington could change the whole picture at Boston.
The three riders pressed on through the grey and white landscape, making twenty to twenty-five miles a day. A “cold journey,” Adams wrote. The weather was persistently wretched. There was more snow, wind, and freezing rain.
With dusk coming on by four in the afternoon and the bitter cold turning colder still, the glow and warmth of familiar wayside taverns was more welcome than ever. Under normal circumstances, Adams nearly always enjoyed such stops. He loved the food—wild goose on a spit, punch, wine, bread and cheese, apples—and a leisurely pipe afterward, while toasting himself by the fire. He picked up news, delighted in “scenes and characters,” as he said, enough “for the amusement of Swift or even Shakespeare.”
It was in such places that he had first sensed the rising tide of revolution. A year before the first meeting of Congress in 1774, riding the court circuit, he had stopped one winter night at a tavern at Shrewsbury, about forty miles from Boston, and as he would recall for Benjamin Rush years afterward, the scene left a vivid impression.
... as I was cold and wet I sat down at a good fire in the bar room to dry my great coat and saddlebags, till a fire could be made in my chamber. There presently came in, one after another half a dozen or half a score substantial yeomen of the neighborhood, who, sitting down to the fire after lighting their pipes, began a lively conversation upon politics. As I believed I was unknown to all of them, I sat in total silence to hear them. One said, “The people of Boston are distracted.” Another answered, “No wonder the people of Boston are distracted; oppression will make wise men mad.” A third said, “What would you say, if a fellow should come to your house and tell you he was come to take a list of your cattle that Parliament might tax you for them at so much a head? And how should you feel if he should go out and break open your barn, to take down your oxen, cows, horses and sheep?” “What would I say,” replied the first, “I would knock him in the head.” “Well,” said a fourth, “if Parliament can take away Mr. Hancock's wharf and Mr. Row's wharf, they can take away your barn and my house.” After much more reasoning in this style, a fifth who had as yet been silent, broke out, “Well it is high time for us to rebel. We must rebel sometime or other: and we had better rebel now than at any time to come: if we put it off for ten or twenty years, and let them go on as they have begun, they will get a strong party among us, and plague us a great deal more than they can now. As yet they have but a small party on their side.”
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