revenue was authorized to enter the dwelling of the most respectable inhabitant on the smallest suspicion of a concealment of contraband goods, and to insult, search, or seize, with impunity.

Jonathan Sewall, an attorney* at law, of some professional abilities and ingenuity, was, by the instigation of Mr. Bernard, appointed sole judge of admiralty in the Massachusetts. The dangerous aspect of this court, particularly when aided by writs of assistance, was opposed with peculiar energy and strength of argument, by James Otis, Esq. of which we have already spoken. For his fidelity. however, as might be supposed in such a state of party feeling, he was abused and vilified by the scriblers of the court, and threatened with an arrest from the crown, for the boldness of his opinions. Yet he continued to advocate the rights of the people, and in the course of his argument against the iniquitous consequences of writs of assistance, he observed, that "his engaging in this cause had raised the resentment of its abettors; but that he argued it from principle, and with peculiar pleasure, as it was in favour of British liberty, and in opposition to the exercise of a power, that in former periods of English history, had cost one king of England his head, and another his crown."--He added, "I can sincerely declare, that I submit myself to every opprobrious name for conscience sake, and despise all those, whom guilt, folly or malice have made my foes."

It was on this occasion, that Mr. Otis resigned the office of judge advocate, and renounced all employment under so corrupt an administration, boldly declaring in the face of the supreme court, at this dangerous crisis, that "the only principle of public conduct, worthy a gentleman or a man, was the sacrifice of health, ease, applause, estate, or even life, to the sacred calls of his country; that these manly sentiments in private life made the good citizen, in public, the patriot and the hero."-Thus was verified in his conduct the observation of a writer of merit and celebrity, that "it was as difficult for Great Britain to frighten as to cheat Americans into servitude; that she ought to leave them in the peaceable possession of that liberty which they received at their birth, and were resolved to retain to their death."

When the new parliamentary regulations reached America, all the colonies in their several departments petitioned in the most strenuous manner against any American taxation, and all other recent innovations relative to the government of the British provinces. These petitions were, when received by the ministry, treated by them with the utmost contempt. But they were supported by a respectable party in the parliament of Britain, who did not neglect to warn the administration of the danger of precipitating measures, that

* Jonathan Sewall, a native of the province, whose pen had been employed to vindicate the measures of administration and the conduct of Governor Bernard, under the signature of Philalethes, Massachusettensis, &c. &c.

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might require before the termination of a contest thus hurried on, "more virtue and abilities than the ministry possessed."

The act of Parliament, making it lawful for the officers of the British army to quarter their troops in private houses, &c. continued in full force after the stamp-act was repealed, though it equally militated with that part of the British constitution which provides that no monies should be raised on the subject without his consent.

rather than enter on a new dispute, the colonists in general chose to evade it for the present, and without many observations thereon, had occasionally made some voluntary provisions for the support of the king's troops. It was hoped the act might be only a temporary expedient to hold up the authority of parliament, and that in a short time the claim might die of itself, without any attempt to revive such an unreasonable demand. But New-York, more explicit in her refusal to obey, was suspended by Parliament from all powers of legislation until the quartering act should be complied with in the fullest extent.

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Aroused by the same injuries from the parent state, threatened in the same manner by the common enemies to the rights of society among themselves, their petitions to the throne had been suppressed without even a reading, their remonstrances were ridiculed and their supplications rejected. They determined no longer to submit. stood ready to unite in the same measures to obtain that redress of grievances they had so long requested, and that relief from burdens they had so long complained of, to so little purpose. Yet there was no bond of connexion by which a similarity of sentiment and concord in action might appear, whether they were again disposed to revert to the hitherto fruitless mode of petition and remonstrance, or to leave that humiliating path for a line of conduct more cogent and influential in the contests of nations.

A circular letter dated February 11, 1768, by the legislature of Massachusetts, directed to the representatives and burgesses of the people through the colonies, was a measure well calculated for this salutary purpose. This letter painted in the strongest colours the difficulties they apprehended, the embarrassments they felt, and the stepts already taken to obtain relief. It contained the full opinion of that assembly relative to the late acts of parliament; while at the same time they expatiated on their duty and attachment to the king, and detailed in terms of respect the representations that had been made to his ministers, they expressed the boldest determination to continue a free but a loyal people. Indeed there were few, if any, who indulged an idea of a final separation from Britain at so early a period; or that even wished for more than an equal participation of the privileges of the British constitution.

"Province of the Massachusetts Bay, Feb. 11, 1768.

SIR, The house of representatives of this province have taken into their serious consideration, the great difficulties that must accrue to themselves and their

constituents, by the operation of the several acts of parliament imposing duties and taxes on the American colonies.

As it is a subject in which every colony is deeply interested, they have no reason to doubt but your house is duly impressed with its importance; and that such constitutional measures will be come into as are proper. It seems to be necessary, that all possible care should be taken that the representations of the several assemblies, upon so delicate a point, should harmonize with each other; the house therefore hope that this letter will be candidly considered, in no other light than as expressing a disposition freely to communicate their mind to a sister colony, upon a common concern, in the same manner as they would be glad to receive the sentiments of your, or any other house of assembly on the continent.

The house have humbly represented to the ministry their own sentiments; that his majesty's high court of parliament is the supreme legislative power over the whole empire; that in all free states the constitution is fixed; and as the supreme legislative derives its power and authority from the constitution, it cannot overleap the bounds of it, without destroying its foundation. That the constitution ascertains and limits both sovereignty and allegiance; and therefore his majesty's American subjects, who acknowledge themselves bound by the ties of allegiance, have an equitable claim to the full enjoyment of the fundamental rules of the British constitution. That it is an essential, unalterable right in nature, engrafted into the British constitution as a fundamental law, and ever held sacred and irrevocable by the subjects within the realm, that what a man hath honestly acquired, is absolutely his own, which he may freely give, but cannot be taken from him without his consent. That the American subjects may therefore, exclusive of any consideration of charter rights, with a decent firmness, adapted to the character of freemen and subjects, assert this natural, constitutional right.

It is moreover their humble opinion, which they express with the greatest deference to the wisdom of the parliament, that the acts made there, imposing duties on the people of this province for the sole and express purpose of raising a revenue, are infringements of their natural and constitutional rights. Because, as they are not represented in the British parliament, his majesty's commons in Britain, by those acts grant their property without their consent.

The house further are of opinion that their constituents, considering their local circumstances, cannot by any possibility be represented in the parlia ment; and that it will forever be impracticable that they should be equally represented there, and consequently not at all, being separated by an ocean of a thousand leagues. That his majesty's royal predecessors for this reason were graciously pleased to form a subordinate legislative here, that their subjects might enjoy the unalienable right of a representation. Also that considering the utter impracticability of their ever being fully and equally represented in parliament, and the great expense that must unavoidably attend even a partial representation there, this house think that a taxation of their constituents, even without their consent, grievous as it is, would be preferable to any representation that could be admitted for them there.

Upon these principles, and also considering that were the right in the parliament ever so clear, yet for obvious reasons it would be beyond the rule of equity, that their constituents should be taxed on the manufactures of Great Britain here, in addition to the duties they pay for them in England, and other advantages arising to Great Britain from the acts of trade, this house have preferred a humble, dutiful, and loyal petition to our most gracious sovereign, and made such representations to his majesty's ministers, as they apprehend would tend to obtain redress.

They have also submitted to consideration, whether any people can be said to enjoy any degree of freedom, if the crown in addition to its undoubted authority of constituting a governor, should appoint him such a stipend as it should judge proper, without the consent of the people, and at their expense:

and whether while the judges of the land and other civil officers, hold not their commissions during good behaviour, their having salaries appointed for them by the crown, independent of the people, hath not a tendency to subvert the principles of equity, and endanger the happiness and security of the subject. In addition to these measures, the house have wrote a letter to their agent, Mr. De Berdt, the sentiments of which he is directed to lay before the ministry; wherein they take notice of the hardship of the act for preventing mutiny and desertion, which requires the governor and council to provide enumerated articles for the king's marching troops, and the people to pay the expense; and also the commission of the gentlemen appointed commissioners of the customs, to reside in America, which authorizes them to make as many appointments as they think fit, and to pay the appointees what sums they please, for whose mal-conduct they are not accountable. From whence it may happen that officers of the crown may be multiplied to such a degree, as to become dangerous to the liberty of the people, by virtue of a commission which doth not appear to this house to derive any such advantages to trade as many have been led to expect.

These are the sentiments and proceedings of this house; and as they have too much reason to believe that the enemies of the colonies have represented them to his majesty's ministers, and the parliament, as factious, disloyal, and having a disposition to make themselves independent of the mother country, they have taken occasion in the most humble terms, to assure his majesty and his ministers, that with regard to the people of this province, and as they doubt not of all the colonies, that the charge is unjust.

The house is fully satisfied that your assembly is too generous, and enlarged in sentiment, to believe that this letter proceeds from an ambition of taking the lead, or dictating to the other assemblies; they freely submit their opinion to the judgment of others, and shall take it kind in your house to point out to them any thing further that may be thought necessary.

This house cannot conclude without expressing their firm confidence in the king, our common head and father, that the united and dutiful supplications of his distressed American sucbjects will meet with his royal and favourable acceptance.'

After the circulation of this alarming letter, wherever any of the governors had permitted the legislative bodies to meet, an answer was returned by the assemblies replete with encomiums on the exertion and the zeal of the Massachusetts. They observed that the spirit that dictated that letter was but a transcript of their own feelings; and that though equally impressed with every sentiment of respect to the prince on the throne of Britain, and feeling the strongest attachment to the house of Hanover, they could not but reject with disdain the late measures, so repugnant to the dignity of the crown and the true interest of the realm; and that at every hazard they were determined to resist all acts of parliament for the injurious purpose of raising a revenue in America. They also added, that they had respectively offered the most humble supplications to the king; that they had remonstrated to both houses of parliament, and had directed their agents at the British court to leave no effort untried to obtain relief, without being compelled to what might be deemed by_royalty an illegal mode of opposition.

In consequence of the spirited proceedings of the house of representatives, the general assembly of Massachusetts was dissolved by

the governor, nor were they suffered to meet again until a new election. These transactions were carefully transmitted to administration by several of the plantation governors, and particularly Mr. Bernard, with inflammatory observations of his own, interlarded with the most illiberal abuse of the principal leaders of the late measures in the assembly of Massachusetts.

Their charter, which still provided for the election of the legislature, obliged the governor to summon a new assembly to meet May 24, 1768. The first communication laid before the house by the governor contained a haughty requisition from the British minister of state, directing in his majesty's name that the present house should immediately rescind the resolutions of a former one, which had produced the celebrated circular letter. Governor Bernard also intimated, that it was his majesty's pleasure, that on a non-compliance with this extraordinary mandate, the present assembly should be dissolved without delay.

What heightened the resentment to the manner of this singular order, signed by Lord Hillsborough, secretary of state for the American department, was, that he therein intimated to the governor that he need not fear the most unqualified obedience on his part to the high measures of administration, assuring him that it would not operate to his disadvantage, as care would be taken in future to provide for his interest, and to support the dignity of government, without the interpositions or existence of a provincial legislature.

These messages were received by the representative body with a steadiness and resolution becoming the defenders of the rights of a free people. After appointing a committee to consider and prepare an answer to them, they proceeded with great coolness to the usual business of the session, without further notice of what had passed.

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Within a day or two, they received a second message from the governor, purporting that he expected an immediate and an explicit answer to the authoritative requisition; and that if they longer postponed their resolutions, he should consider their delay as an oppugnation to his majesty's authority, and a negative to the command, by an expiring faction." On this, the house desired time to consult their constituents on such an extraordinary question. This was peremptorily and petulantly refused.

The committee appointed to answer the governor's several messages, were gentlemen of known attachment to the cause of their country, who on every occasion had rejected all servile compliances with ministerial requisitions. They were not long on the business. When they returned to the house, the galleries were immediately cleared, and they reported an answer, bold and determined, yet decent and loyal. In the course of their reply, they observed that it was not an "expiring faction," that the governor had charged with oppugnation to his majesty's authority," that it was the best blood of the colony who opposed the ministerial measures, men of reputa