in the subsequent pages of this volume. The soldiers were acquitted, and the trial terminated in a manner honorable to the character of the American people.

Mr. Quincy continued actively engaged in the duties of his profession during the years 1771 and 1772, at the same time employing his pen in the cause of his countrymen. All his essays breathe that bold, ardent, and vehement spirit which was so characteristic of his life and actions; all intended to expose the character and design of the British ministry and their agents. These duties, added to the arduous labors of his profession, worked with serious effect upon the constitution of Mr. Quincy, and through the advice of his friends and according with the opinion of his physician, he relinquished all cares except those which were incident to his health. In February, 1773, he sailed for South Carolina, where he arrived on the last day of that month. In the record of this journey, he gives many interesting incidents relating to the manners, appearance, political and social condition of the southern colonists at that period.* Among other circumstances, he thus mentions a visit to the Commons House of Assembly, in session during his sojourn at Charleston: "Spent all the morning in hearing the debates of the House; had an opportunity of hearing the best speakers in the province.

"The first thing done at the meeting of the House, is to bring the mace, a very superb and elegant one, which cost ninety guineas, and lay it on the table before the speaker. The next thing is for the clerk to read over, in a very audible voice, the doings of the preceding day. The speaker is robed in black, and has a very large wig of State, when he goes to attend the chair (with the mace borne before him) on the delivery of speeches, &c. T. Lynch, Esq., spoke like a man of sense and a patriot; with dignity, fire, and laconism. Mr. Gadsdent was plain, blunt, hot, and incorrect, though very sensible. In the course of the debate, he used three very singular expressions for a member of parliament: And, Mr. Speaker, if the governor and council don't see fit to fall in with us, I say, let the general duty, law, and all go to the devil, sir, and we go about our business.' Parsons, J. Rutledge, and Chas. Pinckney, Sen., (the three first lawyers in the province) spoke on the occasion; the two last, very good speakers. The members of the House all sit with their hats on, and uncover when they rise to speak. They are not confined (at least they do not confine themselves) to any one place to speak in. The members conversed, lolled, and chatted much like a friendly jovial society when nothing of importance was before the House; nay, once or twice, while the speaker and clerk were busy in writing, the members spoke quite loud across the room to one another-a very unparliamentary appearance. The speaker put the question sitting; the members gave their votes by rising from their seats; the dissentients did not rise."

Mr. Quincy returned to Boston during the summer of 1773, and resumed his political publications. Among others, he published his ablest pamphlet, Observations on the Act of Parliament, commonly called the “Boston Port Bill," with Thoughts on Civil Society and Standing Armies. This work drew upon him the literary vengeance of the ministerial writers, and he was threatened with harm unless he would change his course of conduct. To an anonymous writer who warned him, through the columns of the Massachusetts Gazette, to desist from the part he was taking in the cause of the patriots, he replied, "The danger and the wrongs of my country are to me equally apparent. In all my public exertions, I feel a sense of right and duty, that not only satisfies my conscience, but inspires my zeal. Threats of impending danger, communicated by persons who conceal their name and character, ought never to deter from the path of duty, but exciting contempt rather than fear, they will determine a man of spirit to proceed with new vigor and energy, in his public conduct. My place of abode is well known, and I am easily found."

* * *

On the twenty-eighth of September, 1774, Mr. Quincy sailed from Salem for England, where he arrived on the eighth of November. His correspondence with the distinguished patriots of America at that period, is replete with the highest patriotism and self-denial. His letter to Joseph Reed, of Philadelphia, of December 17, 1774, is an everlasting evidence of his heroic

* The Journal of this journey is published entire in the interesting memoir of Josiah Quincy, Jr, written by his son. + Christopher Gadsden, see page 118.

virtues. After reverting to the condition of American affairs in England, he concludes thus: "Let our countrymen well consider how much a British ministry, as well as themselves, have at stake. No arms, no arts, no plots, or conspiracies, will be thought unlawful weapons. Let them look all around them and be on their guard at every point. The blessing of the wise and the prayers of the pious, universally attend you; even throughout this nation.

"My dear sir, before I close I cannot forbear telling you that I look to my countrymen with the feelings of one, who verily believes they must yet seal their faith and constancy to their liberties, with blood. This is a distressing witness indeed! But hath not this ever been the lot of humanity? Hath not blood and treasure, in all ages, been the price of civil liberty? Can Americans hope a reversal of the laws of our nature, and that the best of blessings will be obtained and secured without the sharpest trials? Adieu, my friend, my heart is with you, and whenever my countrymen command, my person shall be also."

Having decided to return to America, Mr. Quincy left England on the sixteenth of March, 1775. His health had been gradually failing since he left his home, and on the twenty-sixth of April, within sight of that beloved country which he was not permitted to reach, neither supported by the kindness of friendship, nor cheered by the voice of affection, he expired.*

AN APPEAL.

This production was written by Mr. Quincy, | and published in the Boston Gazette, of the third of October, 1768, under the signature of "Hyperion." +

66

"The aggregated judgment of the common people," says an eminent writer, discerns most truly the errors of government, for as much as they are the first to be sure to smart under them. In this only they come to be shortsighted; that though they know the diseases, they understand not the remedies, and though good patients they are ill physicians."

What are the present sentiments of the inhabitants of North America? Discern they not most truly, and smart they not most severely under the errors of government? The disease is known and felt; but where is the remedy,where is the physician? For the people to ask counsel is deemed treasonable; to assemble themselves to consult, is denominated rebellion. Thus would some potentates terrify mankind with a few sounding technical expressions. It has been found, in all ages, difficult to persuade men, by the most refined court-chicane, out of their reason; and tyrants have ever found it impossible to argue, soothe, or frighten, the common people out of their feelings. It is truly strange to hear the arguments, and see the parade of some at this day. One would, from their conduct, be induced to imagine they thought it the most likely way of dispiriting the people, to render their case irremediable.

* The life of Josiah Quincy, jr., was written by his son, and published in 1825. To this work the editor is indebted for the materials of the present sketch.

+ See the Life of Josiah Quincy, jr., page 18.

Certainly such politicians have little studied the volume of nature. A nation not as yet entirely enervated by luxury, not wholly depressed by slavery, when reduced to despair, are invincible to a proverb.

After what has been said and wrote, on both sides of the Atlantic, upon colony affairs; after the most perspicuous demonstration of the illegality and ill-policy of the measures pursued against this continent, it would be an affront to the understanding to attempt setting the matter in a clearer point of view. The meanest capacity must perceive, the remotest peasant in the wilds of America must feel, the conse

quences.

British taxation, suspensions of legislatures, and standing armies, are but some of the clouds which overshadow the Northern world. Heaven grant that a grand constellation of virtues may shine forth with redoubled lustre and enlighten this gloomy hemisphere!

Americans to rouse themselves and exert every If ever there was a time, this is the hour, for of fate spins doubtful! In vain do we talk of ability. Their all is at a hazard, and the die magnanimity and heroism; in vain do we trace a descent from the worthies of the earth, if we inherit not the spirit of our ancestors. Who is he, who boasteth of his patriotism? Has he vanquished luxury, and subdued the worldly pride of his heart? Is he not yet drinking the poisonous draught and rolling the sweet morsel under his tongue? He, who cannot conquer the little vanity of his heart, and deny the delicacy of a debauched palate, let him lay his hand upon his mouth, and his mouth in the dust.

Now is the time for this people to summon every aid, human and divine; to exhibit every

moral virtue, and call forth every Christian | be supportable; but to be shackled by Englishgrace. The wisdom of the serpent, the inno- men,-by our equals,-is not to be borne! cence of the dove, and the intrepidity of the lion, with the blessing of God, will yet save us from the jaws of destruction.

Where is the boasted liberty of Englishmen, if property may be disposed of, charters suspended, assemblies dissolved, and every valued right annihilated, at the uncontrollable will of an external power? Does not every man, who feels one ethereal spark yet glowing in his bosom, find his indignation kindle at the bare imagination of such wrongs? What would be our sentiments were this imagination realized?

Did the blood of the ancient Britons swell our veins, did the spirit of our forefathers inhabit our breasts, should we hesitate a moment in preferring death to a miserable existence in bondage? Did we reflect on their toils, their dangers, their fiery trials, the thought would inspire unconquerable courage.

By the sweat of our brow, we earn the little we possess: from nature we derive the common rights of man-and by charter we claim the liberties of Britons! Shall we, dare we, pusillanimously surrender our birthright? Is the obligation to our fathers discharged-is the debt we owe posterity paid? Answer me, thou coward, who hidest thyself in the hour of trial. If there is no reward in this life, no prize of glory in the next, capable of animating thy dastard soul; think and tremble, thou miscreant, at the whips and stripes thy master shall lash thee with on earth-and the flames and scorpions thy second master shall torment thee with hereafter !

Oh, my countrymen! what will our children say, when they read the history of these times, should they find we tamely gave away, without one noble struggle, the most invaluable of earthly blessings? As they drag the galling chain, will they not execrate us? If we have any respect for things sacred; any regard to the dearest treasure on earth-if we have one tender sentiment for posterity; if we would not be despised by the whole world-let us, in the most open, solemn manner, and with determined fortitude, swear we will die, if we cannot live freemen!

Who has the front to ask, wherefore do you complain? Who dares assert every thing worth living for is not lost when a nation is enslaved? Are not pensioners, stipendiaries, and salary men (unknown before), hourly multiplying on us, to riot in the spoils of miserable America? Does not every eastern gale waft us some new insect, even of that devouring kind, which eat up every green thing? Is not the bread taken Be not lulled, my countrymen, with vain imout of the children's mouths, and given unto aginations, or idle fancies. To hope for the the dogs? Are not our estates given to cor- protection of heaven, without doing our duty, rupt sycophants, without a design, or even a and exerting ourselves as becomes men, is to pretence of soliciting our assent, and our lives mock the Deity. Wherefore had man his reaput into the hands of those whose tender mer-son, if it were not to direct him? Wherefore cies are cruelties? Has not an authority in a distant land, in the most public manner, proclaimed a right of disposing of the all of Americans? In short, what have we to lose-what have we to fear? Are not our distresses more than we can bear; and to finish all, are not our cities, in a time of profound peace, filled with standing armies, to preclude us from that last solace of the wretched-to open their mouths in complaint, and send forth their cries in bitterness of heart?

But is there no ray of hope? Is not Great Britain inhabited by the children of those renowned barons who waded through seas of crimson gore to establish their liberty; and will they not allow us, their fellow-men, to enjoy that freedom which we claim from nature, which is confirmed by our constitution, and which they pretend so highly to value? Were a tyrant to conquer us, the chains of slavery, when opposition should become useless, might

his strength, if it be not his protection? To banish folly and luxury, correct vice and immorality, and stand immovable in the freedom in which we are free indeed, is eminently the duty of each individual, at this day. When this is done, we may rationally hope for an answer to our prayers; for the whole counsel of God, and the invincible armor of the Almighty.

However righteous our cause, we cannot, in this period of the world, expect a miraculous salvation. Heaven will undoubtedly assist us, if we act like men; but to expect protection from above, while we are enervated by luxury, and slothful in the exertion of those abilities with which we are endued, is an expectation vain and foolish. With the smiles of Heaven, virtue, unanimity, and firmness, will ensure success. While we have equity, justice and God on our side, tyranny, spiritual or temporal, shall never ride triumphant in a land inhabited by Englishmen.

SPEECH IN DEFENCE OF THE SOLDIERS.

quiry.

1. Whether any homicide was committed? 2. By whom was it committed?

Mr. Quincy was associated with John Adams | divide itself into three main divisions of enas counsel for the defence, at the trial of William Weems, James Hartigan, and others, soldiers in his Majesty's twenty-ninth regiment, for the murder of Crispus Attucks, Samuel Gray, and others, on Monday evening, the fifth of March, 1770.* The following is his speech, taken from a report of the trial published in Boston, in 1770.

MAY IT PLEASE YOUR HONORS, AND YOU, GENTLEMEN OF THE JURY:-The prisoners at the bar, stand indicted for the murder of five of his Majesty's liege subjects, as set forth in the several indictments which have been read to you the persons slain, these indictments set forth, as "being in the peace of God, and our lord the King," at the time of the mortal wounds given.

To these indictments, the prisoners have severally pleaded not guilty; and for their trial have put themselves on God and their country; which country you are. And by their pleas, thus severally pleaded, they are to stand or fall, by the evidence which shall respectively apply

to them.

3. Is there any thing appearing in evidence which will justify, excuse, or extenuate such homicide, by reducing it to that species of offence, called manslaughter?

Before we enter upon these inquiries, permit me, gentlemen, to remind you of the importance of this trial, as it relates to the prisoners. It is for their lives! If we consider the number of persons now on trial, joined with many other circumstances which might be mentioned, it is by far the most important, this country ever

saw.

Remember the ties you are under to the prisoners, and even to yourselves. The eyes of all are upon you. Patience in hearing this cause, is an essential requisite: candor and caution are no less essential. It is tedious and painful to attend so lengthy a trial; but remember the time which has been taken up by the Crown in the opening. By every bond of humanity and justice, we claim an equal indulgence; nay, it is of high importance to your country that nothing should appear on this trial, to impeach our justice or stain our humanity.

By their plea of not guilty, they throw the burden of proof, as to the fact of killing, upon And here let me remind you of a notion, the Crown; but, upon which being proved, the which has certainly been too prevalent, and matters they allege to justify, excuse, or ex-guard you against its baneful influence. An tenuate, must be adduced by them and sup- opinion has been entertained by many among ported by legal evidence. The truth of the us, that the life of a soldier was of very little facts they may thus allege, is your sole and un-value; of much less value than others of the doubted province to determine; but upon a community. The law, gentlemen, knows no supposition that those facts shall appear to your such distinction;-the life of a soldier is viewsatisfaction in the manner we allege, the grand ed by the equal eye of the law, as estimable as question then to be determined, will be the life of any other citizen. whether such matters so proved, do in law exI cannot any other way account for what I tenuate, excuse, or justify. The decision of mention, but by supposing that the indigence this question belongs to another department, and poverty of a soldier,-the toils of his life,namely the court. This is law so well known the severity of discipline to which he is exposand acknowledged, that I shall not now detained,-the precarious tenure by which he is genyou by a recital of authorities, but only refer to Judge Foster's Crown Law, where this point is treated with precision, and fixed beyond controversy. It may not be amiss, however, to assure you, that as certain as the cognizance of facts is within your jurisdiction, as certain does the law resulting from these facts, in cases of the present kind, seem to reside solely in the court: unless cases, where juries, under the direction of the court, give general verdicts, may be denominated exceptions.

I take it, that, in the cause now before us, it will not be contested that five persons were unfortunately killed, at the time the indictments charge; and this case will naturally enough

erally thought to hold his life, in the summary decisions of a court martial, have conspired to propagate a sentiment of this kind: but a little attention to the human heart will dissipate this notion.

The soldier takes his choice, like all others, of his course of life;-he has an equal right with you or me so to do. It is best we should not all think alike. Habit makes all things agreeable. What at first was irksome, soon becomes pleasing. But does experience teach that misery begets in general an hatred of life? By no means; we all reluct at death, we long for one short space more-we grasp, with anxious solicitude even after a wretched existence. God and nature has implanted this love of life.

* See John Adams's speech in the same cause, at page 285; Expel, therefore, from your breasts an opinion also notes at pages 60, and 235, ante.

so unwarrantable by any law, human or divine;

let not any thing so injurious to the prisoners, who value life as much as you; let not any thing so repugnant to all justice, have an influence on this trial. The reputation of the coun-stitution, to force obedience to acts, which try depends much on your conduct, gentlemen, and, may I not add, justice calls aloud for candor in hearing, and impartiality in deciding this cause, which has perhaps too much engrossed our affections, and I speak for one, too much excited our passions.

The law by which the prisoners are to be tried, is a law of mercy,-a law applying to us all, a law, Judge Blackstone will tell us, "founded in principles that are permanent, uni-You, gentlemen, who come from the body of form, and universal, always conformable to the feelings of humanity, and the indelible rights of mankind."*

I need not inform you, how the tide rose, as we are advancing towards the present times. The general attention became more and more roused-people became more alike in opin- The soldier had his feelings, his sentiments, ion and practice. A vast majority thought all and his characteristic passions also. The conthat was dear was at stake sentiments of lib-stitution of our government has provided a erty-property-ignominious bondage-all stimulus for his affections. The pride of conconspire to increase the ferment. At this pe-scious virtue, the sense of valor, the point of riod the troops land. Let us here pause and view the citizen and soldier.