An act was passed by the legislature of Georgia, and approved 1760. by the king, "for stamping, imprinting, issuing, and making current the sum of £7410 sterling, in paper bills of credit, and for Georgia. applying and sinking the same."1 Thirty seven vessels cleared out from Georgia this year; and the exports of the province amounted to £20,852 sterling.2 Maine. The counties of Cumberland and Lincoln, in the Province of Province of Maine, were formed this year; and the town of Pownalborough, in the latter county, was incorporated.3 The inhabitants of New England were estimated at above N. England. 500,000; the congregational churches at about 530.4 in Boston. A fire broke out in Boston on the 20th of March, and raged Great Fire with such violence, that, in about four hours, it destroyed nearly a tenth part of the town.5 scot In Deputies from the Penobscot Indians on the one part, and Submission governor Pownall on the other, signed articles of agreement in the council chamber in Boston. By these articles those Indians dians. acknowledged themselves, "without any restrictions or limitations, subjects of the crown of Great Britain." By the account of these deputies, their tribe then consisted of five sachems and 73 warriors.6 George II. king of Great Britain, died on the 25th of October, in the 77th year of his age, and 34th of his reign, and was succeeded by George III.7 1 Stokes, 253. 2 Stiles, MS. Lit. Diary. 3 Sullivan, 166, 168. Fleet's Register. 4 Stiles, Christian Union (2d edit.), 130, 142. "The present state of our denominations as to numbers for the year 1760, is nearly this: In Massachusetts are above 300 congregational churches; in Connecticut, 170; in New Hampshire, 43; which, with those in this colony [Rhode Island], form a body of about 530 churches." 5 Minot, ii. 58-60. Coll. Mass. Hist. Soc. iii. 271; iv. 189. This conflagration, still denominated the Great Fire, began by accident in Cornhill, opposite to Williams' Court, and, beside sweeping away the buildings in that direction to the water, it widened to the southward, and, taking in the lower part of Milk Street, extended to Fort Hill and the South Battery; and turning on King Street, ran from the corner opposite to the Bunch of Grapes Tavern, and destroyed the buildings on the south side of that street, nearly down to Long Wharf. There were consumed 174 dwelling houses, 175 warehouses and other buildings, with merchandise, furniture, and other articles, to the value of £71,112. 78. 3d. and 220 families were compelled to look to their neighbours for shelter. A contribution, by a brief, was made throughout the province; £3000 was allowed out of the excise for the immediate relief of the poor; and £1100 was remitted to the inhabitants by way of abatement of their taxes. The assembly of New York passed an act for granting the sufferers £2500; and the government of Pennsylvania gave for the same charitable purpose £1500. The collective donations from every quarter amounted to £17,756. 15s. 8d. 6 Boston Post Boy, No. 144. The articles were signed (29 April) by Kehowret, Joseph Marie, Zechetien, and Zachebesen. The fort which governor Pownall built the preceding year at Penobscot, and a spirited message which he then sent to the Indians, doubtless had their effect. 7 Blair, Chron. Smollett, b. 3. c. 14. Bisset, i. c. 1. Death of 1761. Affairs of Massachusetts. Dispute about writs of assist ance. Feb. Mr. Otis's plea. IN Massachusetts, affairs were approaching to a crisis. Governor Bernard, it was soon found, was on the side of those, who were for strengthening the royal authority in America, and for adopting the various plans of revenue and prerogative, the execution of which was perseveringly, but unsuccessfully, attempted in succeeding years. At the head of this party was lieutenant governor Hutchinson, who, on the death of Chief Justice Sewall, was now raised to that office, which gave him peculiar advantage for an agency in the public affairs, which was not less influential than disastrous. Beside one dispute between governor Bernard and the general court, about abuses in the department of the revenue, another arose concerning writs of assistance. A petition was presented to the Superior Court of Judicature, by one of the custom house officers, that, as they could not fully exercise their offices in such a manner as his majesty's service and the laws in such case require, that court would grant writs of assistance, to aid them in the execution of their duty, according to the usage of the Exchequer in Great Britain. Mr. Gridley, as king's attorney, maintained the legality of this writ, as well on the practice of the Superior Court of the province, as on that of the Exchequer. Mr. Thacher, an eminent lawyer, being ordered by the court to search for precedents, reported, that he found no such writ in the ancient books; and that the most material question was, Whether the practice of the Exchequer was good ground for this Court. Mr. Otis appeared for the inhabitants of Boston, who had presented a counter petition. His plea at once shows the spirit of the times, and presents a very interesting example of the ability and energy with which the cause of American liberty was thus early vindicated. Of the writ of assistance, he observed: "It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book. . . . I shall not think much of my pains in this cause, as I engaged in it from principle. I was solicited to argue this cause as Advocate General; and because I would not, I have been charged with desertion from my office. To this charge I can give a very sufficient answer. I renounced that office, and I argue this cause, from the same principle; and I argue it with the greater pleasure, as it is in favour of British liberty, at a time when we hear the greatest monarch upon earth declaring from his throne, that he glories in the name of Briton, and that the privileges of the people are dearer to him than the most valuable prerogatives of his crown; and as it is in op position to a kind of power, the exercise of which, in former 1761. periods of English history, cost one king of England his head, and another, his throne.' "In the first place, the writ is universal, being directed 'to all and singular justices, sheriffs, constables, and all other officers and subjects; so that, in short, it is directed to every subject in the king's dominions. Every one with this writ may be a tyrant: if this commission be legal, a tyrant in a legal manner also may control, imprison, or murder any one within the realm. In the next place, it is perpetual; there is no return. A man is accountable to no person for his doings. Every man may reign secure in his petty tyranny, and spread terror and desolation around him, until the trump of the archangel shall excite different emotions in his soul. In the third place, a person with this writ, in the day time, may enter all houses, shops, &c. at will, and command all to assist him. Fourthly, by this writ not only deputies &c. but even their menial servants, are allowed to lord it over us. What is this but to have the curse of Canaan with a witness on us; to be the servant of servants, the most despicable of God's creation? Now one of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally annihilate this privilege. Custom house officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and every thing in their way; and whether they break through malice or revenge, no man, no court, can inquire. Bare suspicion without oath is sufficient. . . . Thus reason and the constitution are both against this writ. Let us see what authority there is for it. Not more than one instance can be found of it in all our law books; and that was in the zenith of arbitrary power, viz. in the reign of Charles II. when Star Chamber powers were pushed to extremity by some ignorant clerk of the Exchequer. But, had this writ been in any book whatever, it would have been illegal. All precedents are under the control of the principles of law."1 ... Adams's summary The argument of Mr. Otis lasted between four and five hours. President The late President Adams heard this plea, and gave a summary of it, of which the following is but an outline. Mr. Adams of Otis's divides it into five parts. 1. An exordium, containing an apology argument. 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 1761. merchants of Boston and Salem. 2. A dissertation on the rights of man in a state of nature. 3. From individual independence he proceeded to association. "When general councils 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. 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. "Under this head he went back to the old Saxon laws, and to Magna Charta, and to the confirmations of it in parliament, and the executions 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 position of rights and the bill of rights, and the revolution. . . . 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."The last ground taken by him in commenting on the later acts of trade, was their incompatibility with the charter of the Colony. He went over the history of the charters. In pointing out the violent infringement of them, from Dummer's Defence of the New England Charters, he bestowed many just praises on that excellent work. In thus adverting to the history of the charters and the colony, he fell naturally on the merit of its founders, in undertaking so perilous, arduous, and almost desperate an enterprise; in disforesting bare creation,' in conciliating and necessarily contending with Indian natives, in purchasing, rather than conquering, a quarter of the globe at their own expense, by the sweat of their own brows, at the hazard and sacrifice of their own lives; without the smallest aid, assistance, or comfort from the government of England, or from England itself as a nation; on the contrary, meeting with constant jealousy, envy, intrigue against their charter, their religion, and all their privileges. He reproached the nation, parliament, and king with injustice, illiberality, ingratitude, and oppression in their conduct towards this country, in a style of oratory that I never heard equalled in this 1761. or any other country." considera The court adjourned for consideration, and at the close of the Court adterm Chief Justice Hutchinson pronounced the opinion: "The journs for Court has considered the subject of writs of assistance, and can tion. 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 the next term, that in the mean time opportunity may be given to know the result." This was an admirable occasion for the display of legal knowledge, of pure patriotism, and of powerful eloquence; and the speaker was equal to the occasion. The vital influence of this speech upon the community cannot be more forcibly expressed than in Mr. Adams's own words: "I do say in the most solemn manner, that Mr. Otis's oration against writs of assistance, breathed into this nation the breath of life." "1 kees con towns. The war with the Cherokees still continued, a great majority War with of that high spirited nation spurning every offer of peace. Colonel the CheroMontgomery having embarked for England, the command of the tinues. Highlanders devolved on lieutenant colonel James Grant; who, receiving orders to return to the relief of Carolina, landed at Charlestown early this year, and took up his winter quarters. A provincial regiment was raised, to act in conjunction with the regular forces; and, with the addition of some Indian allies, colonel Grant mustered in all about 2600 men. With this for- Col. Grant midable army he arrived at Fort Prince George, on the 27th of marches aMay; and on the 7th of June began his march from that fort gainst their for the Cherokee towns. Captain Kennedy, with 90 Indians and 30 woodmen, painted like Indians, had orders to march in front, and scour the woods; next followed the light infantry and about 50 rangers, consisting in all of about 200 men; then succeeded the main body of the army. The troops, by forced marches, passed two narrow and dangerous defiles without a shot from the enemy; but on the fourth day, advancing near the place where colonel Montgomery was attacked the preceding year, the Indian allies in the van guard observed a large body of Cherokees, posted on a hill on the right flank of the army, and gave an alarm. Instantly the savages, rushing down, began to fire on the advanced guard; but they were repulsed, and recov 1 Tudor's Life of James Otis, c. 6. Minot, on the authority of the Supreme Court Records, says, "the writ of assistance was granted." Mr. Adams says, when the next term came," no judgment was pronounced, nothing was said about writs of assistance. But it was generally reported and understood, that the Court clandestinely granted them, and the custom house officers had them in in their pockets, though I never knew that they dared to produce and execute them in any one instance." |
