peculiar costume, which in later times they have here discarded. Their dress was composed of voluminous wigs, broad bands, and robes of scarlet cloth. The judges were five in number, including Lieutenant Governor Hutchinson, who presided as Chief Justice. The room was filled with all the officers of government, and the principal citizens, to hear the arguments in a cause, that inspired the deepest solicitude.

The case was opened by Mr. Gridley, who argued it with much learning, ingenuity and dignity, urging every point and authority, that could be found after the most diligent search, in favour of the Custom house petition; making all his reasoning depend on this consideration-" if the parliament of Great Britain is the sovereign legislator of the British Empire."* He was followed by Mr. Thacher on the opposite side, whose reasoning was ingenious and able, delivered in a tone of great mildness and moderation. But," in the language of President Adams, "Otis was a flame of fire; with a prompti

* This summary account of Mr. Gridley's argument, is from President Adams' letters. In Minot's History, Vol. 2. p. 87. A short statement of his argument is given, which tends to shew that this writ was founded on statutes of the 12th and 14th of Charles II.; and the authority of the Supreme Court in this Province to grant it, was to be derived from the statute of the 7th and 8th of William III., which gave officers of the revenue in this country the same powers as officers in England—And that in the execution of their duty they should receive the like assistance. The obvious meaning of this seems to be, that an officer in case of necessity should have a right to call for the same support from those about him in pursuance of his duty. It seems a most stained and preposterous inference, to make the general term, like assistance, mean a special and odious process called a writ of assistance, invented in the worst times of the Stuart tyranny.

tude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glance of his eyes into futurity, and a rapid torrent of impetuous eloquence, he hurried away all before him. American Independence was then and there born. The seeds of patriots and heroes, to defend the Non sine Diis animosus infans ;* to defend the vigorous youth, were then and there sown. Every man of an immense crouded audience appeared to me to go away as I did, ready to take arms against Writs of Assistance. Then and there, was the first scene of the first act of opposition, to the arbitrary claims of Great Britain. Then and there, the child Independence was born. In fifteen years, i. e. in 1776, he grew up to manhood and declared himself free."

"There were no stenographers in those days," to give a complete report of this momentous harangue. How gladly would be exchanged for it, a few hundred verbose speeches on some of the miserable, transient topics of the day, that are circulated in worthless profusion. Yet on this occasion, "the seeds were sown," and though some of them doubtless fell by the wayside or on stony places, others fell

This allusion is to the Alliance Medal, struck in Paris. One side of which contains the head of Liberty, with the words Libertas Americana, 4th July 1776, and on the reverse a robust infant struggling with the serpent, attacked by a Lion, (England) defended by Minerva, (France) who interposes a shield with the fleurs de lis, and on which the Lion fastens: the motto, furnished by Sir William Jones, Non sine diis animosus infans, and underneath the dates 17 19

Oct.

1777.
1781.

on good ground, and sprang up and increased and brought forth in due season, thirty, sixty and an hundred fold. Of the vigour of some of the soil that received this seed, the preceding quotation is a living and most eloquent proof. It indeed affords some compensation for the absence of contemporary records, and the subsequent neglect of this great leading transaction, that one of the hearers, after the lapse of sixty years, with all the authority which venerable age and illustrious services can confer, should have called the attention of his countrymen to the subject; and by a rare and felicitous force of memory, carrying back their regards over the course of two generations, have exhibited with a magical effect through the obscurity of time, an impressive and brilliant sketch, of one of the first struggles that led to their national existence.

Chapter VX.

Otis's Speech in the Cause of the Writs of Assistance.

ANXIETY and expectation were raised to the utmost in the minds of all parties, to hear the argument of Otis, which he began in the following manner.*

*The fragments of this speech are taken from Minot's History, Vol. 2. It seems from the letters of President Adams, that they were derived from

"MAY IT PLEASE YOUR HONOURS,

"I was desired by one of the Court to look into the books, and consider the question now before them concerning Writs of Assistance. I have accordingly considered it, and now appear not only in obedience to your order, but likewise in behalf of the inhabitants of this town, who have presented another petition, and out of regard to the liberties of the subject. And I take this opportunity to declare, that whether under a fee or not, (for in such a cause as this I despise a fee,) I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and villany on the other, as this writ of assistance is.

"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 must therefore beg your honours' patience and attention to the whole range of an argument, that may perhaps appear uncommon in many things, as well as to points of learning that are more remote and unusual: that the whole tendency of my design may the more easily be perceived, the conclusions better descend, and the force of them be better felt. I shall not think much of my pains in this cause, as I engaged in it from principle. I was solicited to

some imperfect notes, taken by him at the time, which were afterwards carried off by some individual, who "interpolated them, with some bombastic expressions of his own," and printed them in a newspaper.

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 suffiI renounced that office, and I argue

cient answer. 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 his people are dearer to him than the most valuable prerogatives of his crown; and it is in opposition to a kind of power, the exercise of which in former periods of English history, cost one King of England his head, and another his throne. I have taken more pains in this cause, than I ever will take again, although my engaging in this and another popular cause has raised much resentment. But I think I can sincerely declare, that I cheerfully submit myself to every odious name for conscience sake and from my soul I despise all those, whose guilt, malice, or folly has made them my foes. Let the consequences be what they will, I am determined to proceed. The only principles of public conduct, that are worthy of a gentleman or a man, are to sacrifice estate, ease, health, and applause, and even life, to the sacred calls of his country.

"These manly sentiments, in private life, make the good citizen; in public life, the patriot and the hero. I do not say, that when brought to the test, I shall be invincible. I pray God I may never be brought to the melancholy trial, but if ever I should.