Quincy, April 5, 1818.

DEAR SIR,

IN Mr. Wirt's elegant and eloquent panegyrick on Mr. Henry I beg your attention from page 56 to page 67, the end of the second section, where you will read a curious specimen of the agonies of patriotism in the early stages of the revolution. "When Mr. Henry could carry his resolutions but by one vote, and that against the influence of Randolph, Bland, Pendleton, Wythe and all the old members whose influence in the house had till then been unbroken; and when Peyton Randolph afterwards president of congress swore a round oath, he would have given 500 guineas for a single vote; for one vote would have divided the house, and Robinson was in the chair, who he knew would have negatived the resolution."

And you will also see the confused manner in which they were first recorded, and how they have since been garbled in history. My remarks at present will be confined to the anecdote in page 65.

CÆsar had his Brutus, Charles the first, his Cromwell, and George the third. Treason cried the speaker—treason, treason, echoed from every part of the house. Henry finished his sentence by the words, "may profit by their example." If this be treason make the most of it.

In judge Minot's history of Massachusetts Bay, volume second, in page 102 and 103, you will find another agony of patriotism in 1762, three years before Mr. Henry's. Mr. Otis suffered one of equal severity in the house of representatives of Massachusetts. Judge Minot's account of it is this.

The remonstrance offered to the governor was attended with aggravating circumstances. It was passed, after a very warm speech, by a member in the house, and at first contained the following offensive observation.

"For it will be of little consequence to the people whether they were subject to George or Louis; the king of Great Britain, or the French king; if both were arbitrary, as both would be, if both could levy taxes without parliament." Though judge Minot does not say it, the warm speech was from the tongue, and the offensive observation, from the pen of James Otis; when these words of the remonstrance were first read in the house, Timothy Pain, Esq. a member from Worcester, in his zeal for royalty, though a very worthy and very amiable man, cried out, treason! treason! the house however were not intimidated, but voted the remonstrance with all the treason contained in it, by a large majority; and it was presented to the governor by a committee of which Mr. Otis was a member.

Judge Minot proceeds—"The governor was so displeased with the passage, that he sent a letter to the speaker, returning the message to the house; in which he said, that the king's name, dignity and cause, were so improperly treated that he was obliged to desire the speaker to recommend earnestly to the house, that it might not be entered upon the minutes in the terms in which it then stood. For if it should, he was then satisfied they would again and again, wish that some part of it were expunged, especially if it should appear, as he doubted not it would when he entered upon his vindication, that there was not the least ground for the insinuation, under colour of which, that sacred and well beloved name was so disrespectfully brought into question."

Upon the reading of this letter, the exceptionable clause was struck out of the message.

I have now before me a pamphlet printed in 1763, by Edes & Gill, in Queen-street, Boston, entitled a vindication of the conduct of the house of representatives of the province of the Massachusetts Bay, more particularly in the last session of the general assembly, by James Otis, Esq. a member of said house, with this motto—

I wish I could transcribe the whole of this pamphlet, because it is a document of importance in the early history of the revolution, which ought never to be forgotten. It shows in a strong light the heaves and throes of the burning mountain, three years at least, before the explosion of the volcano in Massachusetts or Virginia.

Had judge Minot ever seen this pamphlet, could he have given so superficial an account of this year, 1762? There was more than one "warm speech" made in that session of the legislature; Mr. Otis himself, made many. A dark cloud hung over the whole continent; but it was peculiarly black and threatening over Massachusetts and the town of Boston, against which devoted city the first thunderbolts of parliamentary omnipotence were intended and expected to be darted. Mr. Otis, from his first appearance in the house in 1761, had shewn such a vast superiority of talents, information and energy to every other member of the house, that in 1763 he took the lead as it were of course. He opened the session with a speech, a sketch of which he has given us himself. It depends upon no man's memory. It is warm; it is true. But it is warm only with loyalty to his king, love to his country, and exultations in her exertions in the national cause.

This pamphlet ought to be reprinted and deposited in the cabinet of the curious. The preface, is a frank, candid and manly page, explaining the motive of the publication, viz: the clamours against the house for their proceedings, in which he truly says.—"The world ever has been, and ever will be pretty equally divided, between those two great parties, vulgarly called the winners and the losers; or to speak more precisely, between those who are discontented that they have no power, and those who think they never can have enough." Now it is absolutely impossible to please both sides either by temporizing, trimming or retreating; the two former justly incur the censure of a wicked heart; the latter that of cowardice, and fairly and manfully fighting the battle, and it is in the opinion of many worse than either. On the 8th of September, A. D. 1762, the war still continuing in North America and the West Indies, governor Bernard made his speech to both houses, and presented a requisition of sir Jeffery Amherst, that the Massachusetts troops should be continued in pay during the winter.

Mr. Otis made a speech, the outlines of which he has recorded in the pamphlet, urging a compliance with the governor's recommendation and general Amherst's requisition; and concluding with a motion for a committee to consider of both.

A committee was appointed, of whom Mr. Otis was one, and reported not only a continuance of the troops already in service, but an addition of nine hundred men, with an augmented bounty to encourage their enlistment.

If the orators on the 4th of July, really wish to investigate the principles and feelings which produced the revolution, they ought to study this pamphlet and Dr. Mayhew's sermon on passive obedience and non-resistance, and all the documents of those days. The celebrations of independence have departed from the object of their institution, as much as the society for the propagation of the gospel in foreign parts have from their charter. The institution had better be wholly abolished, than continued an engine of the politics and feelings of the day, instead of a memorial of the principles and feelings of the revolution half a century ago, I might have said for two centuries before.

This pamphlet of Mr. Otis exhibits the interesting spectacle of a great man glowing with loyalty to his sovereign, proud of his connection with the British empire, rejoicing in its prosperity, its triumphs and its glory, exulting in the unexampled efforts of his own native province to promote them all: but at the same time grieving and complaining at the ungenerous treatment that province had received from its beginning from the mother country, and shuddering under the prospect of still greater ingratitude and cruelty from the same source. Hear a few of his words, and read all the rest.

"Mr. Speaker—This province has upon all occasions been distinguished by its loyalty and readiness to contribute its most strenuous efforts for his majesty's service. I hope this spirit will ever remain as an indelible characteristic of this people," &c. &c. "Our own immediate interest therefore, as well as the general cause of our king and country requires, that we should contribute the last penny and the last drop of blood, rather than by any backwardness of ours, his majesty's measures should be embarrassed: and thereby any of the enterprises that may be planned for the regular troops, miscarry. Some of these considerations I presume, induced the assembly upon his majesty's requisition, signified last spring by lord Egremont, so cheerfully and unanimously to raise thirty three hundred men for the present campaign; and upon another requisition signified by sir Jeffery Amherst to give a handsome bounty for enlisting about nine hundred more into the regular service. The colonies, we know, have often been blamed without cause; and we have had some share of it. Witness the miscarriage of the pretended expedition against Canada, in queen Ann's time, just before the infamous treaty of Utrecht. It is well known by some now living in this metropolis, that the officers both of the army and navy, expressed their utmost surprise at it upon their arrival. To some of them no doubt, it was a disappointment; for in order to shift the blame of this shameful affair from themselves, they endeavoured to lay it upon the New England colonies.

"I am therefore clearly for raising the men," &c. &c. "This province has, since the year 1754, levied for his majesty's service as soldiers and seamen, near thirty thousand men, besides what have been otherwise employed. One year in particular it was said that every fifth man was engaged in one shape or another.—We have raised sums for the support of this war, that the last generation could hardly have formed any idea of. We are now deeply in debt," &c. &c.

On the 14th of September, the house received a message from the governor, containing a somewhat awkward confession of certain expenditures of public money with advice of council, which had not been appropriated by the house. He had fitted out the Massachusetts sloop of war, increased her establishment of men, &c. Five years before, perhaps this irregularity might have been connived at or pardoned; but, since the debate concerning writs of assistance, and since it was known that the acts of trade were to be enforced, and a revenue collected by authority of parliament, Mr. Otis's maxim, that "taxation without representation was tyranny," and "that expenditures of public money, without appropriations by the representatives of the people, were unconstitutional, arbitrary and therefore tyrannical," had become popular proverbs. They were common place observations in the streets. It was impossible that Otis should not take fire upon this message of the governor. He accordingly did take fire, and made that flaming speech which judge Minot calls "a warm speech" without informing us who made it or what it contained. I wish Mr. Otis had given us this warm speech as he has the comparatively cool one, at the opening of the session. But this is lost forever. It concluded however, with a motion for a committee to consider the governor's message and report. The committee was appointed, and Otis was the first after the speaker.

The committee reported the following answer and remonstrance, every syllable of which is Otis:

"May it please your Excellency:

"The house have duly attended to your excellency's message of the eleventh inst. relating to the Massachusetts sloop, and are humbly of opinion that there is not the least necessity for keeping up her present complement of men, and therefore desire that your excellency would be pleased to reduce them to six, the old establishment made for said sloop by the general court. Justice to ourselves, and to our constituents obliges us to remonstrate against the method of making or increasing establishments by the governor and council.

"It is in effect, taking from the house their most darling privilege, the right of originating all taxes.

"It is, in short, annihilating one branch of legislation. And when once the representatives of the people give up this privilege, the government will very soon become arbitrary.

"No necessity therefore, can be sufficient to justify a house of representatives in giving up such a privilege; for it would be of little consequence to the people, whether they were subject to George or Louis, the king of Great Britain or the French king; if both were arbitrary, as both would be, if both could levy taxes without parliament.

"Had this been the first instance of the kind, we might not have troubled your excellency about it; but lest the matter should go into precedent, we earnestly beseech your excellency, as you regard the peace and welfare of the province, that no measures of this nature be taken for the future, let the advice of council be what it may."

This remonstrance being read, was accepted by a large majority, and sent up and presented to his excellency by a committee of whom Mr. Otis was one.

But here, Mr. Tudor, allow me, a digression, an episode. Lord Ellenborough in the late trial of Hone, says "the Athanasian Creed is the most beautiful composition that ever flowed from the pen of man."

I agree with his lordship, that it is the most consummate mass of absurdity, inconsistency and contradiction that ever was put together. But I appeal to your taste and your conscience, whether the foregoing remonstrance of James Otis is not as terse a morsel of good sense, as Athanasius's Creed is of nonsense and blasphemy?

The same day the above remonstrance was delivered, the town was alarmed with a report, that the house had sent a message to his excellency, reflecting on his majesty's person and government, and highly derogatory to his crown and dignity, and therein desired, that his excellency would in no case take the advice of his majesty's council.

The governor's letter to the speaker, is as judge Minot represents it. Upon reading it, the same person who had before cried out, treason! treason! when he first heard the offensive words, now cried out, "rase them! rase them!" They were accordingly expunged.

In the course of the debate, a new and surprising doctrine was advanced. We have seen the times, when the majority of a council by their words and actions have seemed to think themselves obliged to comply with every thing proposed by the chair, and to have no rule of conduct but a governor's will and pleasure. But now for the first time it was asserted, that the governor in all cases was obliged to act according to the advice of council, and consequently would be deemed to have no judgment of his own.

In page 17, Mr. Otis enters on his apology, excuse or justification of the offensive words: which, as it is as facetious as it is edifying, I will transcribe at length in his own words, viz:

"In order to excuse, if not altogether justify the offensive passage, and clear it from ambiguity, I beg leave to premise two or three data. 1. God made all men naturally equal. 2. The ideas of earthly superiority, pre-eminence and grandeur, are educational, at least acquired, not innate. 3. Kings were, and plantation governors should be made for the good of the people, and not the people for them. 4. No government has a right to make hobby-horses, asses and slaves of the subjects; nature having made sufficient of the former, for all the lawful purposes of man, from the harmless peasant in the field, to the most refined politician in the cabinet; but none of the last, which infallibly proves they are unnecessary. 5. Though most governments are de facto arbitrary, and consequently the curse and scandal of human nature, yet none are de jure arbitrary. 6. The British constitution of government, as now established in his majesty's person and family, is the wisest and best in the world. 7. The king of Great Britain is the best, as well as the most glorious monarch upon the globe, and his subjects the happiest in the universe. 8. It is most humbly presumed, the king would have all his plantation governors follow his royal example, in a wise and strict adherence to the principles of the British constitution, by which in conjunction with his other royal virtues, he is enabled to reign in the hearts of a brave and generous, a free and loyal people. 9. This is the summit, the ne plus ultra of human glory and felicity. 10. The French king is a despotic arbitrary prince, and consequently his subjects are very miserable.

"Let us now take a more careful review of this passage, which by some out of doors has been represented as seditious, rebellious, and traitorous. I hope none, however, will be so wanting to the interest of their country, as to represent the matter in this light on the east side of the Atlantic, though recent instances of such a conduct might be quoted, wherein the province has, after its most strenuous efforts, during this and other wars been painted in all the odious colours, that avarice, malice, and the worst passions could suggest.

"The house assert, that it would be of little consequence to the people, whether they were subject to George or Louis; the king of Great Britain or the French king, if both were arbitrary as both would be, if both could levy taxes without parliament. Or in the same words transposed without the least alteration of the sense. It would be of little consequence to the people, whether they were subject to George the king of Great Britain, or Louis the French king, if both were arbitrary, as both would be, if both could levy taxes without parliament.

"The first question that would occur to a philosopher, if any question could be made about it, would be, whether it were true? But truth being of little importance, with most modern politicians, we shall touch lightly on that topic, and proceed to inquiries of a more interesting nature.

"That arbitrary government implies the worst of temporary evils, or at least the continual danger of them, is certain. That a man would be pretty equally subject to these evils, under every arbitrary government, is clear. That I should die very soon after my head should be cut off, whether by a sabre or a broad sword, whether chopped off to gratify a tyrant, by the Christian name of Tom, Dick, or Harry, is evident. That the name of the tyrant would be of no more avail to save my life, than the name of the executioner, needs no proof. It is therefore manifestly of no importance what a prince's christian name is, if he be arbitrary, any more indeed if he were not arbitrary. So the whole amount of this dangerous proposition, may at least, in one view be reduced to this, viz: It is of little importance what a king's christian name is. It is, indeed, of importance, that a king, a governor, and all other good christians, should have a christian name, but whether Edward, Francis, or William, is of none, that I can discern. It being a rule, to put the most mild and favourable construction upon words, that they can possibly bear, it will follow, that this proposition is a very harmless one, that cannot by any means tend to prejudice his majesty's person, crown, dignity, or cause, all which I deem equally sacred with his excellency.

"If this proposition will bear an hundred different constructions, they must all be admitted before any that imports any bad meaning, much more a treasonable one.

"It is conceived the house intended nothing disrespectful to his majesty, his government, or governor, in those words. It would be very injurious to insinuate this of a house, that upon all occasions has distinguished itself by a truly loyal spirit, and which spirit possesses at least nine hundred and ninety nine in a thousand, of their constituents throughout the province. One good natured construction at least seems to be implied in the assertion, and that pretty strongly, viz: that in the present situation of Great Britain and France, it is of vast importance to be a Britain rather than a Frenchman, as the French king is an arbitrary, despotic prince, but the king of Great Britain is not so de jure, de facto, nor by inclination; a greater difference on this side the grave cannot be found, than that which subsists between British subjects and the slaves of tyranny.

"Perhaps it may be objected, that there is some difference even between arbitrary princes; in this respect at least, that some are more vigorous than others. It is granted; but, then, let it be remembered, that the life of man is a vapour, that shall soon vanish away, and we know not who may come after him, a wise man or a fool; though the chances before and since Solomon have ever been in favour of the latter. Therefore it is said of little consequence. Had it been no instead of little, the clause upon the most rigid stricture might have been found barely exceptionable.

"Some fine gentlemen have charged the expression as indelicate. This is a capital impeachment in politics, and therefore demands our most serious attention. The idea of delicacy, in the creed of some politicians, implies, that an inferior should, at the peril of all that is near and dear to him, i. e. his interest, avoid, every the least trifle that can offend his superior. Does my superior want my estate? I must give it him, and that with a good grace; which is appearing, and, if possible, being really obliged to him, that he will condescend to take it. The reason is evident; it might give him some little pain or uneasiness to see me whimpering, much more openly complaining, at the loss of a little glittering dirt. I must according to this system, not only endeavour to acquire myself, but impress upon all around me, a reverence and passive obedience, to the sentiments of my superior, little short of adoration. Is the superior in contemplation a king, I must consider him as God's Vicegerent, cloathed with unlimited power, his will the supreme law, and not accountable for his actions, let them be what they may, to any tribunal upon earth. Is the superior a plantation governor? He must be viewed, not only as the most excellent representation of majesty, but as a viceroy in his department, and quoad provincial administration, to all intents and purposes, vested with all the prerogatives that were ever exercised by the most absolute prince in Great Britain.

"The votaries of this sect, are all monopolizers of offices, peculators, informers, and generally the seekers of all kinds. It is better, say they, to "give up any thing, and every thing quietly, than contend with a superior, who, by his prerogative, can do, and as the vulgar express it, right or wrong, will have whatever he pleases. For you must know, that according to some of the most refined and fashionable systems of modern politics, the ideas of right and wrong, and all the moral virtues, are to be considered only as the vagaries of a weak and distempered imagination in the possessor, and of no use in the world, but for the skilful politician to convert to his own purposes of power and profit. With these

"It is well known, that the least "patriotic spark" unawares "catched" and discovered, disqualifies a candidate from all further preferment in this famous and flourishing order of knights errant. It must, however, be confessed, that they are so catholic as to admit all sorts, from the knights of the post, to a garter and star, provided they are thoroughly divested of the fear of God, and the love of mankind; and have concentrated all their views in dear self, with them the only "sacred and well beloved name" or thing in the universe. See Cardinal Richlieu's Political Testament, and the greater Bible of the Sect, Mandeville's Fable of the Bees. Richlieu expressly, in solemn earnest, without any sarcasm or irony, advises the discarding all honest men from the presence of a prince, and from even the purlieus of a court. According to Mandeville, "the moral virtues are the political offspring which flattery begot upon pride." The most darling principle of the great apostle of the order, who has done more than any mortal towards diffusing corruption, not only through the three kingdoms, but through the remotest dominions, is, that every man has his price, and that if you bid high enough you are sure of him.

"To those who have been taught to bow at the name of a king, with as much ardor and devotion as a papist at the sight of a crucifix, the assertion under examination may appear harsh; but there is an immense difference between the sentiments of a British house of commons remonstrating, and those of a courtier cringing for a favour. A house of representatives here, at least, bears an equal proportion to a governor, with that of a house of commons, to the king. There is indeed one difference in favour of a house of representatives; when a house of commons address the king, they speak to their sovereign, who is truly the most august personage upon earth. When a house of representatives remonstrate to a governor, they speak to a fellow subject, though a superior who is undoubtedly entitled to decency and respect; but I hardly think to quite so much reverence as his master.

"It may not be amiss to observe, that a form of speech may be in no sort improper, when used arguendo, or for illustration, speaking of the king; which same form may be very harsh, indecent and ridiculous, if spoken to the king.

"The expression under censure has had the approbation of divers gentlemen of sense, who are quite unprejudiced to any party. They have taken it to imply a compliment, rather than any indecent reflection upon his majesty's wise and gracious administration. It seems strange, therefore, that the house should be so suddenly charged by his excellency, with "impropriety, groundless insinuations," &c.

"What cause of so bitter repentance, 'again and again,' could possibly have taken place, if this clause had been printed in the journal, I cannot imagine. If the case be fairly represented, I guess the province can be in no danger from a house of representatives daring to speak plain English when they are complaining of a grievance. I sincerely believe that the house had no disposition to enter into any contest with the governor or council. Sure I am, that the promoters of this address had no such view. On the contrary, there is the highest reason to presume, that the house of representatives will at all times rejoice in the prosperity of the governor and council, and contribute their utmost assistance in supporting those two branches of the legislature in all their just rights and pre-eminence. But the house is, and ought to be, jealous and tenacious of its own privileges; these are a sacred deposit, entrusted by the people, and the jealousy of them is a godly jealousy."

Allow me now, Mr. Tudor, a few remarks: 1. Why has the sublime compliment of "treason! treason!" made to Mr. Henry, in 1765, been so celebrated, when that to Mr. Otis, in 1762, three years before, has been totally forgotten? Because the Virginia Patriot has had many trumpeters, and very loud ones; but the Massachusetts Patriot none, though false accusers and vile calumniators in abundance.

2. I know not whether judge Minot was born in 1762. He certainly never saw, heard, felt, or understood any thing of the principles or feelings of that year. If he had, he could not have given so frosty an account of it. The "warm speech" he mentions, was an abridgment or second edition of Otis's argument in 1761, against the execution of the acts of trade. It was a flaming declaration against taxation without representation. It was a warning voice against the calamities that were coming upon his country. It was an ardent effort to alarm and arouse his countrymen against the menacing system of parliamentary taxation.

3. Bernard was no great thing, but he was not a fool. It is impossible to believe, that he thought the offensive passage treason or sedition, of such danger and importance as he represented it. But his design was to destroy Otis. "There is your enemy," said Bernard, (after a Scottish general) "if ye do not kill him, he will kill you."

4. How many volumes are concentrated in this little fugitive pamphlet, the production of a few hurried hours, amidst the continual solicitations of a crowd of clients; for his business at the bar at that time was very extensive and of the first importance; and amidst the host of politicians, suggesting their plans and schemes, claiming his advice and directions!

5. Look over the declarations of rights and wrongs issued by congress in 1774. Look into the declaration of independence, in 1776. Look into the writings of Dr. Price and Dr. Priestly. Look into all the French constitutions of government; and to cap the climax, look into Mr. Thomas Paine's common sense, crisis, and rights of man; what can you find that is not to be found in solid substance in this "vindication of the house of representatives?"

6. Is it not an affront to common sense, an insult to truth, virtue, and patriotism, to represent Patrick Henry, though he was my friend as much as Otis, as the father of the American revolution, and the founder of American independence? The gentleman who has done this, sincerely believed what he wrote I doubt not; but he ought to be made sensible, that he is of yesterday, and knows nothing of the real origin of the American revolution.

7. If there is any bitterness of spirit discernible in Mr. Otis's vindication, this was not natural to him. He was generous, candid, manly, social, friendly, agreeable, amiable, witty, and gay, by nature, and by habit honest, almost to a proverb, though quick and passionate against meanness and deceit. But at this time he was agitated by anxiety for his country, and irritated by a torrent of slander and scurrillity, constantly pouring upon him from all quarters.

Mr. Otis has fortified his vindication, in a long and learned note, which, in mercy to my eyes and fingers, I must borrow another hand to transcribe, in another sheet.

[Here follow quotations from Locke on government, Part II. Ch. IV. Id. Ch. XI. Id. Ch. XIV. B. I. Ch. II. and B. II. Ch. II.]

"This other original Mr. Locke has demonstrated to be the consent of a free people. It is possible there are a few; and I desire to thank God there is no reason to think there are many among us, that cannot bear the names of liberty and property, much less, that the things signified by those terms, should be enjoyed by the vulgar. These may be inclined to brand some of the principles advanced in the vindication of the house, with the odious epithets seditious and levelling. Had any thing to justify them been quoted from colonel Algernon Sydney, or other British martyrs to the liberty of their country, an outcry of rebellion would not be surprising. The authority of Mr. Locke has therefore been preferred to all others, for these further reasons. 1st. He was not only one of the most wise as well as most honest, but the most impartial man that ever lived. 2d. He professedly wrote his discourses on government, as he himself expresses it, "to establish the throne of the great restorer king William; to make good his title in the consent of the people, which being the only one of all lawful governments, he had more fully and clearly than any prince in Christendom, and to justify to the world the people of England, whose love of liberty, their just and natural rights, with their resolution to preserve them, saved the nation when it was on the brink of slavery and ruin." By this title, our illustrious sovereign, George 3d, (whom God long preserve) now holds. 3. Mr. Locke was as great an ornament, under a crowned head, as the church of England ever had to boast of. Had all her sons been of his wise, moderate, tolerant principles, we should probably never have heard of those civil dissentions, that have so often brought the nation to the borders of perdition. Upon the score of his being a churchman, however, his sentiments are less liable to those invidious reflections and insinuations, that high flyers, jacobites, and other stupid bigots, are apt too liberally to bestow, not only upon dissenters of all denominations, but upon the moderate; and therefore infinitely the most valuable part of the church of England itself."

Pardon the trouble of reading the letter, from your habitual partiality for your friend.

JOHN ADAMS.