seated at the table, with a pen in his hand, lost in admiration, now and then minuting those despicable notes which you know that ******** ******** stole from my desk, and printed in the Massachusetts Spy, with two or three bombastic expressions interpolated by himself; and which your pupil, Judge Minot, has printed in his history.

You have now the stage and the scenery; next follows a narration of the subject. I rather think that we lawyers ought to call it, a brief of the cause.

When the British ministry received from General Amherst his despatches, announcing his conquest of Montreal, and the consequent annihilation of the French government and power in America, in 1759, they immediately conceived the design, and took the resolu tion of conquering the English colonies, and subjecting them to the unlimited authority of Parliament. With this view and intention, they sent orders and instructions to the Collector of the Customs in Boston, Mr. Charles Paxton, to apply to the civil authority for writs of assistance, to enable the custom-house officers, tide-waiters, landwaiters, and all, to command all sheriffs and constables, to attend and aid them in breaking open houses, stores, shops, cellars, ships, bales, trunks, chests, casks, packages of all sorts, to search for goods, wares and merchandises, which had been imported against the prohibitions, or without paying the taxes imposed by certain acts of Parliament, called "THE ACTS OF TRADE," i. e. by certain parliamentary statutes, which had been procured to be passed from time to time, for a century before, by a combination of selfish intrigues between West India planters, and North-American royal govern ors. These acts never had been executed, and there never had been a time when they would have been, or could have been, obeyed.

Mr. Paxton, no doubt consulting with Governor Bernard, Lieutenant-Governor Hutchinson, and all the principal crown officers, and all the rest of the Junto, thought it not prudent to commence his operations in Boston. For obvious reasons, he instructed his deputy collector in Salem, Mr. Cockle, to apply, by petition, to the Superior Court in November, 1760, then sitting in that town, for writs of assistance. Stephen Sewall was then chief justice of that court, an able man, an uncorrupted American, and a sound whig; a sincere friend of liberty, civil and religious. He expressed great doubts of the legality of such a writ, and of the authority of the Court to grant it. Not one of his brother judges uttered a word in favour of it; but as it was an application on the part of the crown, it must be heard and determined. After consultation, the court ordered the question to be argued at the next February term, in Boston, i. e.

in 1761.

In the mean time Chief Justice Sewall died, and LieutenantGovernor Hutchinson was appointed chief justice of that court in his stead. Every observing and thinking man knew that this appointment was made for the direct purpose of deciding this question,

in favour of the Crown, and all others in which it should be interested. An alarm was spread far and wide. Merchants of Salem and Boston applied to Mr. Pratt, who refused, and to Mr. Otis and Mr. Thatcher, who accepted, to defend them against this terrible menacing monster, the writ of assistance. Great fees were offered, but Otis, and I believe Thatcher, would accept of none. "In such a

cause," said Otis, "I despise all fees."

I have given you a sketch of the stage, and the scenery, and a brief of the cause; or, if you like the phrase better, of the tragedy, comedy, or farce. Now for the actors and performers.

Mr. Gridley argued, with his characteristic learning, ingenuity and dignity, and said every thing that could be said in favour of Cockle's petition, all depending, however, on the "If the Parliament of Great Britain is the sovereign legislature of all the British empire."

Mr. Thatcher followed him on the other side, and argued with the softness of manners, the ingenuity, the cool reasoning which were peculiar to his amiable character.

But Otis was a flame of fire! With a promptitude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glare of his eyes into futurity, and a rapid torrent of impetuous eloquence he hurried away all before him. American Independence was then and there born. The seeds of Patriots and Heroes to defend the non sine Diis animosus infans ;-to defend the vigorous youth were then and there sown. Every man, of an immense crowded audience, appeared to me to go away as I did, ready to take arms against writs of assistance.* Then, and there, was the first scene of the first act of opposition to the arbitrary claims of Great Britain-then and there the child Independence was born. In fifteen years, i. e. in 1776, he grew up to manhood, and declared himself free.

The court adjourned, for consideration, and, after some days, at the close of the term, Hutchinson, Chief Justice, arose and said, "The court has considered the subject of writs of assistance, and can see no foundation for such a writ; but as the practice in England is not known, it has been thought best to continue the question to next term, that, in the mean time, opportunity may be given to write to England for information concerning the subject." In six months, the next term arrived; but no judgment was pronounced; nothing was said about writs of assistance; no letters from England; and nothing more was said in court concerning them. But it was generally reported and understood, that the court clandestinely

*The reader will wish to know the nature and form of these writs. Mr. Adams quotes the following, as a specimen :-"The officers of his majesty's customs, &c. shall have power and authority to enter on board ships and vessels, and make -earches, and do all other matters and things, which may tend to secure the true payment of the duties by this act imposed, and the due and orderly collection thereof, which any customers, collectors, or other officers of any of his majesty's ports can or may do, touch. ing his majesty's customs of tonnage and poundage," &c. &c.

granted them; and the custom-house officers had them in their pockets, though I never knew that they dared to produce and execute them in any one instance.

Mr. Otis' popularity was without bounds. In May, 1761, he was elected into the House of Representatives, by an almost unanimous vote. On that week I happened to be at Worcester, attending a Court of Common Pleas, of which Brigadier Ruggles was Chief Justice. When the news arrived from Boston, you can have no idea of the consternation among the government people. Chief Justice Ruggles, at dinner at Col. Chandler's, on that day, said, "Out of this election will arise a damn'd faction, which will shake this province to its foundation."

For ten years afterwards Mr. Otis, at the head of his country's cause, conducted the town of Boston, and the people of the province, with a prudence and fortitude, at every sacrifice of personal interest, and amidst unceasing persecution, which would have done honour to the most virtuous patriot or martyr of antiquity.

I fear I shall make you repent of bringing out the old gentleman. JOHN ADAMS.

We close this section with the anecdote of Dr. Franklin, illustrative of the odious stamp-act, as published in the " American Museum"

"Dr. Franklin, as agent for the province of Pennsylvania, being in England at the time the Parliament passed the stamp-act for America, was frequently applied to by the ministry for his opinion respecting the operation of the same, and assured them that the people of America would never submit to it. The act was, nevertheless, passed, and the event shewed he had been right. After the news of the destruction of the stamped paper had arrived in England, the ministry again sent for the doctor, to consult with him, and concluded with this proposition, that if the Americans would engage to pay for the damage done in the destruction of the stamped paper, &c. the Parliament would then repeal the act. To this the doctor answered, that it put him in mind of a Frenchman, who, having heated a poker red hot, ran into the street, and, addressing an Englishman he met there, "hah, monsieur, voulez vous give me de plaisir et de satisfaction, and lete me runi dis poker only one foote up your backside?" "What !" says the Englishman :-"Only to lete me runi dis poker one foote up your backside." "Dam your soul," replies the Englishman. Welle, den, only so far," says the Frenchman, pointing to about six inches of the poker." No, no," replies the Englishman-dam your soul; what do you mean?" "Well, den," says the Frenchman, will you have de justice to paye me for de trouble and expense of heating the de poker ?"—"No, damn me, if I do," answered the Englishman, and walked off."

CHAPTER IV.

THE REVOLUTIONARY WAR;

EMBRACING AN OUTLINE OF THE MILITARY OPERATIONS, &c.

In proportion as the breach between Great Britain and the colonies widened, the distrust and animosity between the American people and the British troops increased. Preparations began to be made to oppose, by force, the execution of certain offensive acts of parliament. The militia of the country were trained to the use of arms, great encouragement was given for the manufacture of gunpowder, and measures were taken to obtain all kinds of military

stores.

In February, 1775, Colonel Leslie was sent by General Gage with a detachment of troops from Boston, to take possession of some cannon at Salem. But the people had intelligence of the design; took up the draw-bridge in that town, and prevented the troops from passing, until the cannon were secured; so that the expedition failed.

Provisions and military stores were also collected and stored in different places, particularly at Concord. General Gage, though zealous for his royal master's interest, discovered a prevailing desire after a peaceful accommodation. He wished to prevent hostilities, by depriving the inhabitants of the means necessary for carrying them on. With this view,* he determined to destroy the stores which he knew were collected for the support of a provincial army; and wishing to accomplish this without bloodshed, he took every precaution to effect it by surprise, and without alarming the country. At 11 o'clock at night, 800 grenadiers and light infantry, the flower of the royal army, embarked at the common, landed at Leechmore's Point, and marched for Concord, under the command of LieutenantColonel Smith. Neither the secresy with which this expedition was planned; the privacy with which the troops marched out, nor an order that no inhabitant should leave Boston, were sufficient to prevent intelligence from being sent to the country militia of what was going on. About two in the morning, 130 of the Lexington militia had assembled to oppose them; but the air being chilly, and intelligence respecting the regulars uncertain, they were dismissed,

*It is believed that another object of this expedition was, to seize on the persons of Messrs. Hancock and S. Adams, who, by their spirited exertions, had rendered them selves obnoxious to General Gage.

with orders to appear again at the beat of drum. They collected a second time, to the number of 70, between 4 and 5 o'clock in the morning, and the British regulars soon after made their appearance. Major Pitcairn, who led the advanced corps, rode up to them and called out, "Disperse, you rebels; throw down your arms and disperse." They still continued in a body, on which he advanced nearer, discharged his pistol, and ordered his soldiers to fire. A dispersion of the militia was the consequence, but the firing of the regulars was nevertheless continued. Individuals finding they were fired upon, though dispersing, returned the fire. Three or four of the militia were killed on the green. A few more were shot after they had begun to disperse. The royal detachment proceeded on to Concord, and executed their commission. They disabled two 24 pounders; threw 500lb. of ball into the rivers and wells, and broke in pieces about 60 barrels of flour. Mr. John Buterick, major of a minute regiment, not knowing what had passed at Lexington, ordered his men not to give the first fire, that they might not be the aggressors. Upon his approaching near the regulars, they fired, and killed Captain Isaac Davis, and one private of the provincial minute men. The fire was returned, and a skirmish ensued. The king's troops having done their business, began their retreat towards Boston. This was conducted with expedition, for the adjacent inhabitants had assembled in arms, and began to attack them in every direction. In their return to Lexington they were exceedingly annoyed, both by those who pressed on their rear, and others who poured in from all sides, firing from behind stone walls, and such like coverts, which supplied the place of lines and redoubts. At Lexington the regulars were joined by a detachment of 900 men under Lord Percy, which had been sent out by General Gage to support Lieutenant-Colonel Smith. This reinforcement, having two pieces of cannon, awed the provincials, and kept them at a greater distance; but they continued a constant, though irregular and scattering fire, which did great execution. The close firing, from behind the walls, by good marksmen, put the regular troops in no small confusion; but they nevertheless kept up a brisk retreating fire on the militia and minute men. A little after sunset the regulars reached Bunker's Hill, worn down with excessive fatigue, having marched that day between thirty and forty miles. On the next day they crossed Charlestown ferry, to Boston.

There never were more than 400 provincials engaged at one time, and often not so many. As some tired, and gave out, others came up and took their places. There was scarcely any discipline observed among them. Officers and privates fired when they were ready, and saw a royal uniform, without waiting for the word of command. Their knowledge of the country enabled them to gain opportunities, by crossing fields and fences, and to act as flanking parties against the king's troops, who kept to the main road.