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_."

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