Chapter XVI: Preface (15)

"No necessity therefore, can be sufficient to justify a house of representatives in giving up such a privilege; for it would be of little consequence to the people, whether they were subject to George or Louis, the king of Great Britain or the French king; if both were arbitrary, as both would be, if both could levy taxes without parliament.

"Had this been the first instance of the kind, we might not have troubled your excellency about it; but lest the matter should go into precedent, we earnestly beseech your excellency, as you regard the peace and welfare of the province, that no measures of this nature be taken for the future, let the advice of council be what it may."

This remonstrance being read, was accepted by a large majority, and sent up and presented to his excellency by a committee of whom Mr. Otis was one.

But here, Mr. Tudor, allow me, a digression, an episode. Lord Ellenborough in the late trial of Hone, says "the Athanasian Creed is the most beautiful composition that ever flowed from the pen of man."

I agree with his lordship, that it is the most consummate mass of absurdity, inconsistency and contradiction that ever was put together. But I appeal to your taste and your conscience, whether the foregoing remonstrance of James Otis is not as terse a morsel of good sense, as Athanasius's Creed is of nonsense and blasphemy?

The same day the above remonstrance was delivered, the town was alarmed with a report, that the house had sent a message to his excellency, reflecting on his majesty's person and government, and highly derogatory to his crown and dignity, and therein desired, that his excellency would in no case take the advice of his majesty's council.

The governor's letter to the speaker, is as judge Minot represents it. Upon reading it, the same person who had before cried out, treason! treason! when he first heard the offensive words, now cried out, "rase them! rase them!" They were accordingly expunged.

In the course of the debate, a new and surprising doctrine was advanced. We have seen the times, when the majority of a council by their words and actions have seemed to think themselves obliged to comply with every thing proposed by the chair, and to have no rule of conduct but a governor's will and pleasure. But now for the first time it was asserted, that the governor in all cases was obliged to act according to the advice of council, and consequently would be deemed to have no judgment of his own.

In page 17, Mr. Otis enters on his apology, excuse or justification of the offensive words: which, as it is as facetious as it is edifying, I will transcribe at length in his own words, viz:

"In order to excuse, if not altogether justify the offensive passage, and clear it from ambiguity, I beg leave to premise two or three data. 1. GOD made all men naturally equal. 2. The ideas of earthly superiority, pre-eminence and grandeur, are educational, at least acquired, not innate. 3. Kings were, and plantation governors should be made for the good of the people, and not the people for them. 4. No government has a right to make hobby-horses, asses and slaves of the subjects; nature having made sufficient of the former, for all the lawful purposes of man, from the harmless peasant in the field, to the most refined politician in the cabinet; but none of the last, which infallibly proves they are unnecessary. 5. Though most governments are _de facto_ arbitrary, and consequently the curse and scandal of human nature, yet none are _de jure_ arbitrary. 6. The British constitution of government, as now established in his majesty's person and family, is the wisest and best in the world. 7. The king of Great Britain is the best, as well as the most glorious monarch upon the globe, and his subjects the happiest in the universe. 8. It is most humbly presumed, the king would have all his plantation governors follow his royal example, in a wise and strict adherence to the principles of the British constitution, by which in conjunction with his other royal virtues, he is enabled to reign in the hearts of a brave and generous, a free and loyal people. 9. This is the summit, the _ne plus ultra_ of human glory and felicity. 10. The French king is a despotic arbitrary prince, and consequently his subjects are very miserable.

"Let us now take a more careful review of this passage, which by some out of doors has been represented as seditious, rebellious, and traitorous. I hope none, however, will be so wanting to the interest of their country, as to represent the matter in this light on the east side of the Atlantic, though recent instances of such a conduct might be quoted, wherein the province has, after its most strenuous efforts, during this and other wars been painted in all the odious colours, that avarice, malice, and the worst passions could suggest.

"The house assert, that it would be of little consequence to the people, whether they were subject to George or Louis; the king of Great Britain or the French king, if both were arbitrary as both would be, if both could levy taxes without parliament. Or in the same words transposed without the least alteration of the sense. It would be of little consequence to the people, whether they were subject to George the king of Great Britain, or Louis the French king, if both were arbitrary, as both would be, if both could levy taxes without parliament.

"The first question that would occur to a philosopher, if any question could be made about it, would be, whether it were true? But truth being of little importance, with most modern politicians, we shall touch lightly on that topic, and proceed to inquiries of a more interesting nature.

"That arbitrary government implies the worst of temporary evils, or at least the continual danger of them, is certain. That a man would be pretty equally subject to these evils, under every arbitrary government, is clear. That I should die very soon after my head should be cut off, whether by a sabre or a broad sword, whether chopped off to gratify a tyrant, by the Christian name of Tom, Dick, or Harry, is evident. That the name of the tyrant would be of no more avail to save my life, than the name of the executioner, needs no proof. It is therefore manifestly of no importance what a prince's christian name is, if he be arbitrary, any more indeed if he were not arbitrary. So the whole amount of this dangerous proposition, may at least, in one view be reduced to this, viz: _It is of little importance what a king's christian name is._ It is, indeed, of importance, that a king, a governor, and all other good christians, should have a christian name, but whether Edward, Francis, or William, is of none, that I can discern. It being a rule, to put the most mild and favourable construction upon words, that they can possibly bear, it will follow, that this proposition is a very harmless one, that cannot by any means tend to prejudice his majesty's person, crown, dignity, or cause, all which I deem equally sacred with his excellency.

"If this proposition will bear an hundred different constructions, they must all be admitted before any that imports any bad meaning, much more a treasonable one.

"It is conceived the house intended nothing disrespectful to his majesty, his government, or governor, in those words. It would be very injurious to insinuate this of a house, that upon all occasions has distinguished itself by a truly loyal spirit, and which spirit possesses at least nine hundred and ninety nine in a thousand, of their constituents throughout the province. One good natured construction at least seems to be implied in the assertion, and that pretty strongly, viz: that in the present situation of Great Britain and France, it is of vast importance to be a Britain rather than a Frenchman, as the French king is an arbitrary, despotic prince, but the king of Great Britain is not so _de jure_, _de facto_, nor by inclination; a greater difference on this side the grave cannot be found, than that which subsists between British subjects and the slaves of tyranny.

"Perhaps it may be objected, that there is some difference even between arbitrary princes; in this respect at least, that some are more vigorous than others. It is granted; but, then, let it be remembered, that the life of man is a vapour, that shall soon vanish away, and we know not who may come after him, a wise man or a fool; though the chances before and since Solomon have ever been in favour of the latter. Therefore it is said of little consequence. Had it been _no_ instead of _little_, the clause upon the most rigid stricture might have been found barely exceptionable.

"Some fine gentlemen have charged the expression as indelicate. This is a capital impeachment in politics, and therefore demands our most serious attention. The idea of delicacy, in the creed of some politicians, implies, that an inferior should, at the peril of all that is near and dear to him, i. e. his interest, avoid, every the least trifle that can offend his superior. Does my superior want my estate? I must give it him, and that with a good grace; which is appearing, and, if possible, being really obliged to him, that he will condescend to take it. The reason is evident; it might give him some little pain or uneasiness to see me whimpering, much more openly complaining, at the loss of a little glittering dirt. I must according to this system, not only endeavour to acquire myself, but impress upon all around me, a reverence and passive obedience, to the sentiments of my superior, little short of adoration. Is the superior in contemplation a king, I must consider him as God's Vicegerent, cloathed with unlimited power, his will the supreme law, and not accountable for his actions, let them be what they may, to any tribunal upon earth. Is the superior a plantation governor? He must be viewed, not only as the most excellent representation of majesty, but as a viceroy in his department, and _quoad_ provincial administration, to all intents and purposes, vested with all the prerogatives that were ever exercised by the most absolute prince in Great Britain.

"The votaries of this sect, are all monopolizers of offices, peculators, informers, and generally the seekers of all kinds. It is better, say they, to "give up any thing, and every thing quietly, than contend with a superior, who, by his prerogative, can do, and as the vulgar express it, right or wrong, will have whatever he pleases. For you must know, that according to some of the most refined and fashionable systems of modern politics, the ideas of right and wrong, and all the moral virtues, are to be considered only as the vagaries of a weak and distempered imagination in the possessor, and of no use in the world, but for the skilful politician to convert to his own purposes of power and profit. With these

"The love of country is an empty name;
For gold they hunger, but ne'er thirst for fame."

"It is well known, that the least "patriotic spark" unawares "catched" and discovered, disqualifies a candidate from all further preferment in this famous and flourishing order of knights errant. It must, however, be confessed, that they are so catholic as to admit all sorts, from the knights of the post, to a garter and star, provided they are thoroughly divested of the fear of God, and the love of mankind; and have concentrated all their views in dear self, with them the only "sacred and well beloved name" or thing in the universe. See Cardinal Richlieu's Political Testament, and the greater Bible of the Sect, Mandeville's Fable of the Bees. Richlieu expressly, in solemn earnest, without any sarcasm or irony, advises the discarding all honest men from the presence of a prince, and from even the purlieus of a court. According to Mandeville, "the moral virtues are the political offspring which flattery begot upon pride." The most darling principle of the great apostle of the order, who has done more than any mortal towards diffusing corruption, not only through the three kingdoms, but through the remotest dominions, is, that every man has his price, and that if you bid high enough you are sure of him.

"To those who have been taught to bow at the name of a king, with as much ardor and devotion as a papist at the sight of a crucifix, the assertion under examination may appear harsh; but _there is an immense difference between the sentiments of a British house of commons remonstrating, and those of a courtier cringing for a favour. A house of representatives here, at least, bears an equal proportion to a governor, with that of a house of commons, to the king_. There is indeed one difference in favour of a house of representatives; when a house of commons address the king, they speak to their sovereign, who is truly the most august personage upon earth. When a house of representatives remonstrate to a governor, they speak to a fellow subject, though a superior who is undoubtedly entitled to decency and respect; but I hardly think to quite so much reverence as his master.

"It may not be amiss to observe, that a form of speech may be in no sort improper, when used _arguendo_, or for illustration, speaking of the king; which same form may be very harsh, indecent and ridiculous, if spoken to the king.

"The expression under censure has had the approbation of divers gentlemen of sense, who are quite unprejudiced to any party. They have taken it to imply a compliment, rather than any indecent reflection upon his majesty's wise and gracious administration. It seems strange, therefore, that the house should be so suddenly charged by his excellency, with "impropriety, groundless insinuations," &c.

"What cause of so bitter repentance, 'again and again,' could possibly have taken place, if this clause had been printed in the journal, I cannot imagine. If the case be fairly represented, I guess the province can be in no danger from a house of representatives daring to speak plain English when they are complaining of a grievance. I sincerely believe that the house had no disposition to enter into any contest with the governor or council. Sure I am, that the promoters of this address had no such view. On the contrary, there is the highest reason to presume, that the house of representatives will at all times rejoice in the prosperity of the governor and council, and contribute their utmost assistance in supporting those two branches of the legislature in all their just rights and pre-eminence. But the house is, and ought to be, jealous and tenacious of its own privileges; _these are a sacred deposit, entrusted by the people, and the jealousy of them is a godly jealousy_."

Allow me now, Mr. Tudor, a few remarks: 1. Why has the sublime compliment of "treason! treason!" made to Mr. Henry, in 1765, been so celebrated, when that to Mr. Otis, in 1762, three years before, has been totally forgotten? Because the Virginia Patriot has had many trumpeters, and very loud ones; but the Massachusetts Patriot none, though false accusers and vile calumniators in abundance.

2. I know not whether judge Minot was born in 1762. He certainly never saw, heard, felt, or understood any thing of the principles or feelings of that year. If he had, he could not have given so frosty an account of it. The "warm speech" he mentions, was an abridgment or second edition of Otis's argument in 1761, against the execution of the acts of trade. It was a flaming declaration against taxation without representation. It was a warning voice against the calamities that were coming upon his country. It was an ardent effort to alarm and arouse his countrymen against the menacing system of parliamentary taxation.

3. Bernard was no great thing, but he was not a fool. It is impossible to believe, that he thought the offensive passage treason or sedition, of such danger and importance as he represented it. But his design was to destroy Otis. "There is your enemy," said Bernard, (after a Scottish general) "if ye do not kill him, he will kill you."

4. How many volumes are concentrated in this little fugitive pamphlet, the production of a few hurried hours, amidst the continual solicitations of a crowd of clients; for his business at the bar at that time was very extensive and of the first importance; and amidst the host of politicians, suggesting their plans and schemes, claiming his advice and directions!

5. Look over the declarations of rights and wrongs issued by congress in 1774. Look into the declaration of independence, in 1776. Look into the writings of Dr. Price and Dr. Priestly. Look into all the French constitutions of government; and to cap the climax, look into Mr. Thomas Paine's common sense, crisis, and rights of man; what can you find that is not to be found in solid substance in this "vindication of the house of representatives?"

6. Is it not an affront to common sense, an insult to truth, virtue, and patriotism, to represent Patrick Henry, though he was my friend as much as Otis, as the father of the American revolution, and the founder of American independence? The gentleman who has done this, sincerely believed what he wrote I doubt not; but he ought to be made sensible, that he is of yesterday, and knows nothing of the real origin of the American revolution.

7. If there is any bitterness of spirit discernible in Mr. Otis's vindication, this was not natural to him. He was generous, candid, manly, social, friendly, agreeable, amiable, witty, and gay, by nature, and by habit honest, almost to a proverb, though quick and passionate against meanness and deceit. But at this time he was agitated by anxiety for his country, and irritated by a torrent of slander and scurrillity, constantly pouring upon him from all quarters.

Mr. Otis has fortified his vindication, in a long and learned note, which, in mercy to my eyes and fingers, I must borrow another hand to transcribe, in another sheet.

[Here follow quotations from Locke on government, Part II. Ch. IV. Id. Ch. XI. Id. Ch. XIV. B. I. Ch. II. and B. II. Ch. II.]

"This other original Mr. Locke has demonstrated to be the consent of a free people. It is possible there are a few; and I desire to thank God there is no reason to think there are many among us, that cannot bear the names of liberty and property, much less, that the things signified by those terms, should be enjoyed by the vulgar. These may be inclined to brand some of the principles advanced in the vindication of the house, with the odious epithets seditious and levelling. Had any thing to justify them been quoted from colonel Algernon Sydney, or other British martyrs to the liberty of their country, an outcry of rebellion would not be surprising. The authority of Mr. Locke has therefore been preferred to all others, for these further reasons. 1st. He was not only one of the most wise as well as most honest, but the most impartial man that ever lived. 2d. He professedly wrote his discourses on government, as he himself expresses it, "to establish the throne of the great restorer king William; to make good his title in the consent of the people, which being the only one of all lawful governments, he had more fully and clearly than any prince in Christendom, and to justify to the world the people of England, whose love of liberty, their just and natural rights, with their resolution to preserve them, saved the nation when it was on the brink of slavery and ruin." By this title, our illustrious sovereign, George 3d, (whom God long preserve) now holds. 3. Mr. Locke was as great an ornament, under a crowned head, as the church of England ever had to boast of. Had all her sons been of his wise, moderate, tolerant principles, we should probably never have heard of those civil dissentions, that have so often brought the nation to the borders of perdition. Upon the score of his being a churchman, however, his sentiments are less liable to those invidious reflections and insinuations, that high flyers, jacobites, and other stupid bigots, are apt too liberally to bestow, not only upon dissenters of all denominations, but upon the moderate; and therefore infinitely the most valuable part of the church of England itself."

Pardon the trouble of reading the letter, from your habitual partiality for your friend.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _April_ 15, 1818.

DEAR SIR,

I have received your obliging favour of the 8th, but cannot consent to your resolution to ask no more questions. Your questions revive my sluggish memory. Since our national legislature have established a national painter--a wise measure, for which I thank them, my imagination runs upon the art, and has already painted, I know not how many, historical pictures. I have sent you one, give me leave to send another. The bloody rencontre between the citizens and the soldiers, on the 5th of March, 1770, produced a tremendous sensation throughout the town and country. The people assembled first at Faneuil Hall, and adjourned to the old South Church, to the number, as was conjectured, of ten or twelve thousand men, among whom were the most virtuous, substantial, independent, disinterested and intelligent citizens.--They formed themselves into a regular deliberative body, chose their moderator and secretary, entered into discussions, deliberations and debates, adopted resolutions, appointed committees. What has become of these records, Mr. Tudor? Where are they? Their resolutions in public were conformable to those of every man in private, who dared to express his thoughts or his feelings, "that the regular soldiers should be banished from the town, at all hazards." Jonathan Williams, a very pious, inoffensive and conscientious gentleman, was their moderator. A remonstrance to the governor, or the governor and council, was ordained, and a demand that the regular troops should be removed from the town. A committee was appointed to present this remonstrance, of which _Samuel Adams_ was the chairman.

Now for the picture. The theatre and the scenery are the same with those at the discussion of writs of assistance. The same glorious portraits of king Charles II. and king James II. to which might be added, and should be added, little miserable likenesses of Gov. Winthrop, Gov. Bradstreet, Gov. Endicott and Gov. Belcher, hung up in obscure corners of the room. Lieut. Gov. Hutchinson, commander in chief in the absence of the governor, must be placed at the head of the council table. Lieut. Col. Dalrymple, commander in chief of his majesty's military forces, taking rank of all his majesty's counsellors, must be seated by the side of the lieutenant governor and commander in chief of the province. Eight and twenty counsellors must be painted, all seated at the council board. Let me see, what costume? What was the fashion of that day, in the month of March? Large white wigs, English scarlet cloth cloaks, some of them with gold laced hats, not on their heads, indeed, in so august a presence, but on a table before them. Before these illustrious personages appeared SAMUEL ADAMS, a member of the house of representatives and their clerk, now at the head of the committee of the great assembly at the old South church. Thucidydes, Livy or Sallust would make a speech for him, or, perhaps, the Italian Bota, if he had known any thing of this transaction, one of the most important of the revolution; but I am wholly incapable of it; and, if I had vanity enough to think myself capable of it, should not dare to attempt it. He represented the state of the town and the country; the dangerous, ruinous and fatal effects of standing armies in populous cities in time of peace, and the determined resolution of the public, that the regular troops, at all events, should be removed from the town. Lieutenant governor Hutchinson, then commander in chief, at the head of a trembling council, said, "he had no authority over the king's troops, that they had their separate commander and separate orders and instructions, and that he could not interfere with them." Mr. Adams instantly appealed to the charter of the province, by which the governor, and in his absence the lieutenant governor, was constituted "commander in chief of all the military and naval power within its jurisdiction." So obviously true and so irrefragable was the reply, that it is astonishing that Mr. Hutchinson should have so grossly betrayed the constitution, and so atrociously have violated the duties of his office by asserting the contrary. But either the fears or the ambition of this gentleman, upon this and many other occasions, especially in his controversy with the two houses, three years afterwards, on the supremacy of parliament, appear to have totally disarranged his understanding. He certainly asserted in public, in the most solemn manner, a multitude of the roundest falshoods, which he must have known to be such, and which he must have known could be easily and would certainly be detected, if he had not wholly lost his memory, even of his own public writing. You, Mr. Tudor, knew Mr. Adams from your childhood to his death. In his common appearance, he was a plain, simple, decent citizen, of middling stature, dress and manners. He had an exquisite ear for music, and a charming voice, when he pleased to exert it.--Yet his ordinary speeches in town meetings, in the house of representatives and in congress, exhibited nothing extraordinary; but upon great occasions, when his deeper feelings were excited, he erected himself, or rather nature seemed to erect him, without the smallest symptom of affectation, into an upright dignity of figure and gesture, and gave a harmony to his voice, which made a strong impression on spectators and auditors, the more lasting for the purity, correctness and nervous elegance of his style.

This was a delicate and a dangerous crisis. The question in the last resort was, whether the town of Boston should become a scene of carnage and desolation or not? Humanity to the soldiers conspired with a regard for the safety of the town, in suggesting the wise measure of calling the town together to deliberate. For nothing short of the most solemn promises to the people, that the soldiers should, at all hazards, be driven from the town, had preserved its peace. Not only the immense assemblies of the people, from day to day, but military arrangements from night to night, were necessary to keep the people and the soldiers from getting together by the ears. The life of a red coat would not have been safe in any street or corner of the town. Nor would the lives of the inhabitants have been much more secure. The whole militia of the city was in requisition, and military watches and guards were every where placed. We were all upon a level; no man was exempted; our military officers were our only superiors. I had the honor to be summoned in my turn, and attended at the state house with my musket and bayonet, my broadsword and cartridge box, under the command of the famous Paddock. I know you will laugh at my military figure; but I believe there was not a more obedient soldier in the regiment, nor one more impartial between the people and the regulars. In this character I was upon duty all night in my turn. No man appeared more anxious or more deeply impressed with a sense of danger on all sides, than our commander Paddock. He called me, common soldier as I was, frequently to his councils. I had a great deal of conversation with him, and no man appeared more apprehensive of a fatal calamity to the town, or more zealous by every prudent measure to prevent it. Such was the situation of affairs, when Samuel Adams was reasoning with lieutenant governor Hutchinson and lieutenant colonel Dalrymple. He had fairly driven them from all their outworks, breastworks and entrenchments, to their citadel. There they paused and considered and deliberated. The heads of Hutchinson and Dalrymple were laid together in whispers for a long time: when the whispering ceased, a long and solemn pause ensued, extremely painful to an impatient and expecting audience. Hutchinson, in time, broke silence; he had consulted with colonel Dalrymple, and the colonel had authorized him to say that he might order one regiment down to the castle, if that would satisfy the people. With a self-recollection, a self-possession, a self-command, a presence of mind that was admired by every man present, Samuel Adams arose with an air of dignity and majesty, of which he was sometimes capable, stretched forth his arm, though even then quivering with palsy, and with an harmonious voice and decisive tone, said, "if the lieutenant governor or colonel Dalrymple, or both together, have authority to remove one regiment, they have authority to remove two; and nothing short of the total evacuation of the town by all the regular troops, will satisfy the public mind or preserve the peace of the province."

These few words thrilled through the veins of every man in the audience, and produced the great result. After a little awkward hesitation, it was agreed that the town should be evacuated and both regiments sent to the castle.

After all this gravity it is merry enough to relate that William Molineaux, was obliged to march side by side with the commander of some of their troops, to protect them from the indignation of the people, in their progress to the wharf of embarcation for the castle. Nor is it less amusing that lord North, as I was repeatedly and credibly informed in England, with his characteristic mixture of good humour and sarcasm, ever after called these troops by the title of "Sam Adams's two regiments."

The painter should seize upon the critical moment when Samuel Adams stretched out his arm, and made his last speech.

It will be as difficult to do justice, as to paint an Apollo; and the transaction deserves to be painted as much as the surrender of Burgoyne. Whether any artist will ever attempt it, I know not.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _April_ 23, 1818.

DEAR SIR,

Your letter of the 5th has been received. Your judgment of Mr. Wirt's biography of my friend, Mr. Henry, is in exact unison with my own. I have read it with more delight than Scott's romances in verse and prose, or Miss Porter's Scottish Chiefs, and other novels.

I am sorry you have introduced me. I could wish my own name forgotten, if I could develope the true causes of the rise and progress of American revolution and independence.

Why have Harmodius and Brutus, Coligni and Brederode, Cromwell and Napoleon failed, and a thousand others? Because human nature cannot bear prosperity. Success always intoxicates patriots as well as other men; and because birth and wealth always, in the end, overcome popular and vulgar envy, more surely than public interest.

The causes of our parties during and since the revolution, would lead me too far.

You cannot ask me too many questions. I will answer them all according as strength shall be allowed to your aged and infirm friend,

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _May_ 12, 1818.

DEAR SIR,

In my letters to you, I regard no order. And I think, I ought to make you laugh sometimes: otherwise my letters would be too grave, if not too melancholy. To this end, I send you Jemmibellero, "the song of the drunkard" which was published in Fleet's "Boston Evening Post," on the 13th of May, 1765. It was universally agreed to have been written by Samuel Waterhouse, who had been the most notorious scribbler, satyrist and libeller, in the service of the conspirators, against the liberties of America, and against the administration of governor Pownal, and against the characters of Mr. Pratt and Mr. Tyng. The rascal had wit. But is ridicule the test of truth? You see the bachanalian ha! ha! at Otis's prosodies Greek and Latin; and you see the encouragement of scholarship in that age. The whole legion, the whole phalanx, the whole host of conspirators against the liberties of America, could not have produced Mr. Otis's Greek and Latin prosodies. Yet they must be made the scorn of fools. Such was the character of the age, or rather of the day. Such have been and such will be the rewards of real patriotism in all ages and all over the world.--I am, as ever, your old friend and humble servant,

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _June_ 1, 1818.

DEAR SIR,

No man could have written from memory Mr. Otis's argument of four or five hours, against the acts of trade, as revenue laws, and against writs of assistants, as a tyrannical engine to execute them, the next day after it was spoken. How awkward, then, would be an attempt to do it after a lapse of fifty seven years? Nevertheless, some of the heads of his discourse are so indelibly imprinted on my mind, that I will endeavour to give you some very short hints of them.

1. He began with an exordium, containing an apology for his resignation of the office of advocate general in the court of admiralty; and for his appearance in that cause in opposition to the crown, and in favour of the town of Boston, and the merchants of Boston and Salem.

2. A dissertation on the rights of man in a state of nature. He asserted, that every man, merely natural, was an independent sovereign, subject to no law, but the law written on his heart, and revealed to him by his Maker, in the constitution of his nature, and the inspiration of his understanding and his conscience. His right to his life, his liberty, no created being could rightfully contest. Nor was his right to his property less incontestible. The club that he had snapped from a tree, for a staff or for defence, was his own. His bow and arrow were his own; if by a pebble he had killed a partridge or a squirrel, it was his own. No creature, man or beast, had a right to take it from him. If he had taken an eel, or a smelt, or a sculpion, it was his property. In short, he sported upon this topic with so much wit and humour, and at the same time so much indisputable truth and reason, that he was not less entertaining than instructive. He asserted, that these rights were inherent and inalienable. That they never could be surrendered or alienated but by ideots or madmen, and all the acts of ideots and lunatics were void, and not obligatory by all the laws of God and man. Nor were the poor negroes forgotten. Not a Quaker in Philadelphia, or Mr. Jefferson, of Virginia, ever asserted the rights of negroes in stronger terms. Young as I was, and ignorant as I was, I shuddered at the doctrine he taught; and I have all my life time shuddered, and still shudder, at the consequences that may be drawn from such premises. Shall we say, that the rights of masters and servants clash, and can be decided only by force? I adore the idea of gradual abolitions! But who shall decide how fast or how slowly these abolitions shall be made?

3. From individual independence he proceeded to association. If it was inconsistent with the dignity of human nature to say, that men were gregarious animals, like wild horses and wild geese, it surely could offend no delicacy to say they were social animals by nature; that they were mutual sympathies; and, above all, the sweet attraction of the sexes, which must soon draw them together in little groups, and by degrees in larger congregations, for mutual assistance and defence. And this must have happened before any formal covenant, by express words or signs, was concluded. When general counsels and deliberations commenced, the objects could be no other than the mutual defence and security of every individual for his life, his liberty, and his property. To suppose them to have surrendered these in any other way than by equal rules and general consent, was to suppose them ideots or madmen, whose acts were never binding. To suppose them surprised by fraud, or compelled by force, into any other compact, such fraud and such force could confer no obligation. Every man had a right to trample it under foot whenever he pleased. In short, he asserted these rights to be derived only from nature, and the author of nature; that they were inherent, inalienable, and indefeasible by any laws, pacts, contracts, covenants, or stipulations, which man could devise.

4. These principles and these rights were wrought into the English constitution as fundamental laws. And under this head he went back to the old Saxon laws, and to Magna Charta, and the fifty confirmations of it in parliament, and the execrations ordained against the violators of it, and the national vengeance which had been taken on them from time to time, down to the Jameses and Charleses; and to the petition of rights and the bill of rights, and the revolution. He asserted, that the security of these rights to life, liberty, and property, had been the object of all those struggles against arbitrary power, temporal and spiritual, civil and political, military and ecclesiastical, in every age. He asserted, that our ancestors, as British subjects, and we, their descendants, as British subjects, were entitled to all those rights, by the British constitution, as well as by the law of nature, and our provincial charter, as much as any inhabitant of London or Bristol, or any part of England; and were not to be cheated out of them by any phantom of "virtual representation," or any other fiction of law or politics, or any monkish trick of deceit and hypocrisy.

5. He then examined the acts of trade, one by one, and demonstrated, that if they were considered as revenue laws, they destroyed all our security of property, liberty, and life, every right of nature, and the English constitution, and the charter of the province. Here he considered the distinction between "external and internal taxes," at that time a popular and common-place distinction. But he asserted there was no such distinction in theory, or upon any principle but "necessity." The necessity that the commerce of the empire should be under one direction, was obvious. The Americans had been so sensible of this necessity, that they had connived at the distinction between external and internal taxes, and had submitted to the acts of trade as regulations of commerce, but never as taxations, or revenue laws. Nor had the British government, till now, ever dared to attempt to enforce them as taxations or revenue laws. They had laid dormant in that character for a century almost. The navigation act he allowed to be binding upon us, because we had consented to it by our own legislature. Here he gave a history of the navigation act of the first of Charles 2d. a plagiarism from Oliver Cromwell. This act had laid dormant for fifteen years. In 1675, after repeated letters and orders from the king, governor Winthrop very candidly informs his majesty, that the law had not been executed, because it was thought unconstitutional; parliament not having authority over us.

I shall pursue this subject in a short series of letters. Providence pursues its incomprehensible and inscrutable designs in its own way, and by its own instruments. And as I sincerely believe Mr. Otis to have been the earliest and the principal founder of one of the greatest political revolutions, that ever occurred among men, it seems to me of some importance, that his name and character should not be forgotten. Young men should be taught to honour merit, but not to adore it. The greatest men have the greatest faults.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _June_ 9, 1818.

DEAR SIR,

I have promised you hints of the heads of Mr. Otis's oration, argument, speech, call it what you will, against the acts of trade, as revenue laws, and against writs of assistants, as tyrannical instruments to carry them into execution.

But I enter on the performance of my promise to you, not without fear and trembling; because I am in the situation of a lady, whom you knew first as my client, the widow of Dr. Ames, of Dedham, and afterwards, as the mother of your pupil, the late brilliant orator, Fisher Ames, of Dedham. This lady died last year, at 95 or 96 years of age. In one of her last years she said, "She was in an awkward situation; for if she related any fact of an old date, any body might contradict her, for she could find no witness to keep her in countenance."

Mr. Otis, after rapidly running over the history of the continual terrors, vexations, and irritations, which our ancestors endured from the British government, from 1620, under James 1st. and Charles 1st.; and acknowledging the tranquility under the parliament and Cromwell, from 1648, to the restoration, in 1660, produced the navigation act, as the first fruit of the blessed restoration of a Stuart's reign.

This act is in the 12th year of Charles 2d. chapter 18, "An act for the encouraging and increasing of shipping and navigation."

"For the increase of shipping, and encouragement of the navigation of this nation, wherein, under the good providence and protection of God, the wealth, safety, and strength of this kingdom, is so much concerned, be it enacted, that from and after the first day of December, 1660, and from thence forward, no goods, or commodities, whatsoever, shall be imported into, or exported out of, any lands, islands, plantations, or territories, to his majesty belonging or in his possession, or which may hereafter belong unto or be in the possession of his majesty, his heirs and successors, in Asia, Africa, or America, in any other ship or ships, vessel or vessels, whatsoever, but in such ships or vessels, as do truly and without fraud, belong only to the people of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, or are of the built of, and belonging to, any of the said lands, islands, plantations or territories, as the proprietors and right owners thereof, and whereof the master, and three fourths of the mariners, at least, are English; under the penalty of the forfeiture, and loss of all the goods and commodities which shall be imported into, or exported out of any of the aforesaid places, in any other ship or vessel, as also of the ship or vessel, with all its guns, furniture, tackle, ammunition, and apparel: one third part thereof to his majesty, his heirs and successors: one third part to the governor of such land, plantation, island, or territory, where such default shall be committed, in case the said ship or goods be there seized; or otherwise, that third part also to his majesty, his heirs and successors; and the other third part to him or them who shall seize, inform, or sue for the same in any court of record, by bill, information, plaint, or other action, wherein no essoin, protection, or wager of law shall be allowed: and all admirals and other commanders at sea, of any of the ships of war or other ships, having commission from his majesty, or from his heirs or successors, are hereby authorized, and strictly required to seize and bring in as prize, all such ships or vessels as shall have offended, contrary hereunto, and deliver them to the court of admiralty, there to be proceeded against; and in case of condemnation, one moiety of such forfeitures shall be to the use of such admirals or commanders, and their companies, to be divided and proportioned among them, according to the rules and orders of the sea, in case of ships taken prize; and the other moiety to the use of his majesty, his heirs and successors."

Section second enacts, all governors shall take a solemn oath to do their utmost, that every clause shall be punctually obeyed. See the statute at large.

See also section third of this statute, which I wish I could transcribe.

Section fourth enacts, that no goods of foreign growth, production or manufacture, shall be brought, even in English shipping, from any other countries, but only from those of the said growth, production or manufacture, under all the foregoing penalties.

Mr. Otis commented on this statute in all its parts, especially on the foregoing section, with great severity. He expatiated on its narrow, contracted, selfish, and exclusive spirit. Yet he could not and would not deny its policy, or controvert the necessity of it, for England, in that age, surrounded as she was by France, Spain, Holland, and other jealous rivals; nor would he dispute the prudence of governor Leverett, and the Massachusetts legislature, in adopting it, in 1675, after it had laid dormant for fifteen years; though the adoption of it was infinitely prejudicial to the interests, the growth, the increase, the prosperity of the colonies in general, of New England in particular; and most of all, to the town of Boston. It was an immense sacrifice to what was called the mother country. Mr. Otis thought, that this statute ought to have been sufficient to satisfy the ambition, the avarice, the cupidity of any nation, but especially of one who boasted of being a tender mother of her children colonies; and when those children had always been so fondly disposed to acknowledge the condescending tenderness of their dear indulgent mother.

This statute, however, Mr. Otis said, was wholly prohibitory. It abounded, indeed, with penalties and forfeitures, and with bribes to governors and informers, and custom house officers, and naval officers and commanders; but it imposed no taxes. Taxes were laid in abundance by subsequent acts of trade; but this act laid none. Nevertheless, this was one of the acts that were to be carried into strict execution by these writs of assistance. Houses were to be broken open, and if a piece of Dutch linen could be found, from the cellar to the cock loft, it was to be seized and become the prey of governors, informers, and majesty.

When Mr. Otis had extended his observations on this act of navigation, much farther than I dare to attempt to repeat, he proceeded to the subsequent acts of trade. These, he contended, imposed taxes, and enormous taxes, burthensome taxes, oppressive, ruinous, intolerable taxes. And here he gave the reins to his genius, in declamation, invective, philippic, call it which you will, against _the tyranny of taxation, without representation_.

But Mr. Otis's observations on those acts of trade, must be postponed for another letter.

Let me, however, say, in my own name, if any man wishes to investigate thoroughly, the causes, feelings, and principles of the revolution, he must study this act of navigation and the acts of trade, as a philosopher, a politician, and a philanthropist.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _June_ 17, 1818.

DEAR SIR,

The next statute produced and commented by Mr. Otis was the 15th of Charles the second, _i. e._ 1663, ch. 7. "An act for the encouragement of trade."

Sec. 5.--"And in regard his majesty's plantations, beyond the seas are inhabited and peopled by his subjects of this his kingdom of England, for the maintaining a greater correspondence and kindness between them, and _keeping them in a firmer dependance upon it_, and rendering them yet more beneficial and advantageous unto it, in the further employment and increase of English shipping and seamen, vent of English woolen and other manufactures and commodities, rendering the navigation to and from the same, more cheap and safe, and making _this kingdom a staple_, not only of the commodities of those plantations, but also of the commodities of other countries and places, _for the supplying of them_; and it being the usage of other nations to keep their plantations trades to themselves."

Sec. 6.--"Be it enacted, &c. that no commodity of the growth, production or manufacture of Europe, shall be imported into any land, island, plantation, colony, territory or place, to his majesty belonging, or which shall hereafter belong unto or be in possession of his majesty, his heirs and successors, in Asia, Africa or America, (Tangier only excepted) but what shall be _bona fide_, and without fraud, laden and shipped in England, Wales, or the town of Berwick upon Tweed, and in English built shipping, or which were _bona fide_ bought before the 1st of October, 1662, and had such certificate thereof as is directed in one act passed the last session of the present parliament, entitled "_An act for preventing frauds and regulating abuses in his majesty's customs_;" and whereof the master, and three fourths of the mariners at least are English, and which shall be carried directly thence, to the said lands, islands, plantations, colonies, territories or places, and from no other place or places whatsoever; any law, statute or usage to the contrary notwithstanding; under the penalty of the loss of all such commodities of the growth, production or manufacture of Europe, as shall be imported into any of them, from any other place whatsoever, by land or water; and if by water, of the ship or vessel also, in which they were imported, with all her guns, tackle, furniture, ammunition and apparel; one third part to his majesty, his heirs and successors; one third part to the governor of such land, island, plantation, colony, territory or place, into which such goods were imported, if the said ship, vessel or goods be there seized or informed against and sued for; or otherwise, that third part also to his majesty, his heirs and successors; and the other third part to him or them who shall seize, inform, or sue for the same in any of his majesty's courts in such of the said lands, islands, colonies, plantations, territories or places where the offence was committed, or in any court of record in England, by bill, information, plaint, or other action, wherein no _essoin_ protection or wager of law shall be allowed."

Sections 7. 8. 9. and 10. of this odious instrument of mischief and misery to mankind, all calculated to fortify by oaths and penalties, the tyrannical ordinances of the preceding sections.

Mr. Otis's observations on these statutes were numerous, and some of them appeared to me at the time, young as I was, bitter. But as I cannot pretend to recollect those observations with precision, I will recommend to you and others to make your own remarks upon them.

You must remember, Mr. Tudor, that you and I had much trouble with these statutes after you came into my office, in 1770; and I had been tormented with them for nine years before, _i. e._ from 1761.

I have no scruple in making a confession with all the simplicity of Jean Jac Rosseau, that I never turned over the leaves of these statutes, or any section of them, without pronouncing a hearty curse upon them.

I felt them, as an humiliation, a degradation a disgrace to my Country and to myself as a native of it.

Let me respectfully recommend to the future orators on the fourth of July, to peruse these statutes in pursuit of principles and feelings that produced the revolution.

Oh! Mr. Tudor, when will France, Spain, England and Holland renounce their selfish, contracted, exclusive systems of religion, government and commerce? I fear, never.

But they may depend upon it, their present systems of colonization cannot endure. Colonies universally, ardently breathe for independence. No man, who has a soul will ever live in a colony, under the present establishments, one moment longer than necessity compels him.

But I must return to Mr. Otis. The burthen of his song was "_Writs of assistance_." All these rigorous statutes were now to be carried into rigorous execution by the still more vigorous instruments of arbitrary power, "_Writs of assistance_."