and all his mind, at a time when new wrongs and new difficulties were incessantly recurring: he knew no repose. His faculties were perpetually agitated, and he did not sufficiently master and subdue his indignation against subaltern agents, though prime movers in this mischief, yet who were in reality deserving only of his contempt. It was an unfortunate yielding to his anger, the placing himself, as he did in some degree, on a level with the commissioners of the customs, whom he ought merely to have unmasked and left to public scorn, without degrading himself to a personal rencounter. The injuries he sustained in it, impaired his power of self control, and contributed essentially to his subsequent derangement.

He instituted an action against Robinson, who shortly after this transaction, was married to the daughter of Mr. Boutineau, a respectable merchant, and left the country, bonds having been given to answer to the suit. The Jury awarded two thousand pounds sterling damages. This sum, a very considerable one, in those times at least, he nobly gave up, on a written apology being made, in which the defendant acknowledged his fault and begged his pardon. Otis appears not to have understood that process of calculation, by which money can be assessed, as an equivalent for a given amount of injury to sentiment, affection or reputation. In one of his notes published at the time in the newspapers, in which he gave several reasons for being opposed to actions of damages for defamation, he

concludes with this one, " It is absolutely impossible that I should take a penny from a man in this way, after an acknowledgment of his error." The cause was not decided, owing to various delays obtained by the defendant, till August 1772. When Mr. Boutineau appeared in court, signed the acknowledgment, paid the costs, and received a discharge, drawn up by Otis at the time, and which with the other papers was ordered by the court to be recorded.*

After the letters of Governor Bernard and other officers, which represented the conduct of the people of Boston in a very injurious manner, had been obtained from England and published; a town-meeting was called on the 4th, of October, 1769, and continued by adjournment till the 18th. The subject of these misrepresentations was given to a committee to consider and report an answer. The committee consisted of Thomas Cushing, Samuel Adams, John Adams, James Otis, Joseph Warren, Richard Dana, Joshua Henshaw, Joseph Jackson, and Benjamin Kent. Their report was ordered to be printed, and several copies of it sent to different persons in England. This document which was a joint production of Otis and Samuel Adams, contains state

* See Appendix.

The title is "An appeal to the World; or a Vindication of the town of Boston, from many false and malicious aspersions contained in certain letters and memorials, written by Governor Bernard, General Gage, Commodore Hood, the commissioners of the board of customs and others, and by them respectively transmitted to the British ministry. Published by order of the town, Reprinted, London 1770."

ments of the occurrences which had excited attention, as they actually happened, and a very close and severe examination of the false colouring that had been given to them, by the civil and military officers. It is a masterly investigation of the real conduct and feelings of the citizens, and of the insidious reports, exaggerated fears, studied perversions, and unfounded inferences of the complainants. It throws great light on the character and history of the times, and ably vindicates the reputation of the town. The following paragraph will shew, that the citizens were resolved to make no compromise in regard to the tyrannical Acts of Parliament, and that they would never cease their opposition till the whole system was abandoned.

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Notwithstanding the town have been obliged in justice to themselves, to say thus much in their own vindication, we should yet be glad, that the ancient and happy union between Great Britain and this country, which Governor Bernard has laboured so industriously to interrupt, might be restored. Some have indeed flattered themselves with the prospect of it; as intelligence is said to have been received from administration, that all the revenue acts would be repealed: but as it since appears by lord Hillsborough's own account, that nothing more is intended, than the taking off the duties on paper, glass and painter's colours, upon commercial principles only; if that is all, it will not give satisfaction; it will not even relieve the trade from the burdens it labours under; much less will it remove the grounds of dis

content, which runs through the continent, upon much higher principles. Their rights are invaded by these acts; therefore until they are all repealed, the cause of their just complaints cannot be removed. In short, the grievances which lie heavily upon us, we shall never think redressed, till every act, passed by the British Parliament for the express purpose of raising a revenue upon us without our consent, is repealed; till the American board of commissioners of the customs is dissolved, the troops recalled, and things are restored to the state they were in before the late extraordinary measures of administration took place."-p. 52.

Chapter XXH.

The Legislature again assembled at Cambridge in 1770-Protest -Remonstrance against the army in Boston-Massacre of 5th of March-Conduct of the Citizens-Troops removed to the CastleCaptain Preston acquitted-Vote of thanks of the Town of Boston to Otis in 1-70-James Bowdoin chosen in his place—Otis elected for the last time in 1771-He withdraws from his profession-Anecdote of him.

THE legislature, instead of assembling at the usual time in the winter, were prorogued by the Lieutenant Governor, till the 15th of March 1770, when they again met at Cambridge. In his speech at the

opening of the session, he informed them that the delay was owing to instructions he had received to convene them at that time and place, and that he soon expected something in special command from his majesty relative to the state of the province to lay before them. The style of his address to them was courteous, and without the offensive arrogance, that had marked the speeches of his predecessor. Otis was one of the committee for making the answer, which was short, but in which this new method of infringing their rights by "instructions," meets with strong animadversion. They said, "The house of Representatives of this his majesty's colony, observing in your proclamation for proroguing the general assembly, that you were pleased to assign as the only reason, that you had received instructions to meet the said assembly at Cambridge,' think it their indispensible duty to remonstrate to your honour, against any such reason for proroguing this court, as being an infraction of our essential rights as men and citizens, as well as those derived to us by the British constitution, and the charter of this colony."

They further remonstrate against the legislature continuing to sit in Harvard College, as repugnant to the interests of that seminary; as being inconvenient to the members, from the want of requisite accommodation for them in Cambridge, and from the delay of public business, in their being at a distance from their archives.

This subject occasioned several other messages during the session, and at every succeeding one, it