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subject a country, which they sought as an asylum, to the arbitrary jurisdiction of a country, from which they wished to fly. Charles the second had learned by dismal, doleful experience, that parliaments, were not to be wholly despised. He therefore endeavoured to associate parliament with himself, in his navigation act, and many others of his despotic projects, even in that of destroying by his unlimited licentiousness and debauchery, the moral character of the nation." In pointing out the violent infringement of the charters, 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

*This work entitled "a defence of the New England Charters by Jer. Dummer," was written in 1721, and in point of style or argument, may vie with any American production before the Revolution. Dummer was born in Boston, in 1699, and was the grandson of Richard Dummer, one of the fathers of Massachusetts. He was educated at Cambridge, and Dr. Mather, who was then President of the College, pronounced him one of the best scholars it had produced. He afterwards studied at Leyden, where Witzius, professor of theology, spoke of him in very high terms. He received a learned theological education, but afterwards turned his attention to politics. He was appointed agent of the Province in 1710, and to the disappointment of his countrymen and probably to his own injury eventually, he took the side of prerogative; yet he held the place of agent eleven years, and was always steadily attached to his native home. He spoke several languages, and his talents and address gave him intimacy and influence in the highest circles. He was employed by Lord Bolingbroke in some important, secret negociations, and was promised high promotion, but the death of the Queen blasted all his hopes. His acquaintance with Bolingbroke contributed to destroy his religious principles. He published four theological dissertations in Latin, the defence of the Charters, and a letter on the expedition to Canada in 1712. He died in England in May, 1739,

creation;** in conciliating and necessarily contending with Indian natives, in purchasing, rather than conquering, a quarter of the globle 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 or any other country."

After the close of his argument, the Court adjourned for consideration, and at the close of the term, Chief Justice Hutchinson pronounced the opinion: "The Court has considered the subject of writs of assistance, and can see no foundation for such a writ; but as the practise 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." No cause in

* Dummer, in his defence of the New England charters, in describing the country, as the first colonists found it, says: "The land itself was of a rough savage nature, incumbered with unprofitable woods, and of no use till by vast labour and expence subdued and cultivated. For to speak the truth, those parts were but bare creation to the first planters, and their labour like the beginning of the world."

When the next term came, Mr. Adams says, "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 their pockets, though I never knew that they dared to produce and execute them in any one instance." Minot's history

the annals of colonial jurisprudence had hitherto excited more public interest; and none had given rise to such powerful argument. When the profound learning of the advocate, the powers of wit, fancy and pathos, with which he could copiously illustrate and adorn that learning, and the ardent character of his eloquence, are considered; and that the disposition to serve his clients, whose cause he had undertaken to defend gratuitously, was not probably lessened by the instant conviction that his family had, with a view to this very cause, been injured by the appointment of the presiding judge; and that his belief in the importance of the subject must have been certainly enforced by all the personal sacrifices he had made on this occasion, together with the obloquy and ill will of the people in power which would follow his course; and, above all, a deep foresight of the meditated oppression and tyranny that would be gratified by the success of this hateful арplication-when all these circumstances are recalled, the power and magnificence of this oration may be imagined. With a knowledge of the topics that were involved, and the fearless energy with which they were developed and elucidated, the time when it occurred, and the accompanying circumstances; every person will join with President Adams when "I do in the most solemn manner,

he

says:

say

that

says, "the writ of assistance was granted," and refers to the court records for authority: Yet this was probably a mere form to save the pride of the administration; and as nothing was afterwards heard of this odious instrument, President Adams' opinion is unquestionably correct, "that they never dared to execute them."

Mr. Otis' oration against writs of assistance, breathed into this nation the breath of life."

Chapter TH.

Results of the Cause of "Writs of Assistance"-Otis chosen into the Legislature-Anecdotes on that Subject-Thomas Cushing -Governor Bernard's allusions to the late Trial.

In addition to the deep anxiety, which such a question as that of "Writs of Assistance," involving so extensively, not only pecuniary concerns, but political and civil rights, must inevitably have created; this trial was also accompanied with a peculiar interest, arising out of incidental circumstances of a personal nature, some of which have been already mentioned. There were others very striking. Otis was the pupil of Gridley, for whose character he felt a high respect, and for whose instruction he was sincerely grateful: and he never lost sight of these feelings in the course of the trial. "It was," says, the venerable witness so often quoted, "a moral spectacle more affecting to me than any I have ever since seen upon the stage, to observe a pupil treating his master with all the deference, respect, esteem and affection of a son to a father, and that without the least affectation; while

he baffled and confounded all his authorities, confuted all his arguments, and reduced him to silence!" Nor was a suitable return wanting on the part of the master. The same observer in another place remarks; "The crown, by its agents, accumulated construction upon construction, and inference upon inference, as the giants heaped Pelion upon Ossa. I hope it is not impious or profane to compare Otis to Ovid's Jupiter; but, misso fulmine fregit Olympum, et excussit subjecto Pelio Ossam. He dashed this whole building to pieces, and scattered the pulverized atoms to the four winds; and no judge, lawyer, or crown officer dared to say, why do ye so ?"

"In plain English, by cool, patient comparison of the phraseology of these statutes, their several provisions, the dates of their enactments, the privileges of our charters, the merits of the Colonists, &c. he shewed the pretentions to introduce the revenue acts, and these arbitrary and mechanical Writs of Assistance, as an instrument for the execution of them, to be so irrational; by his wit he represented the attempt as so ludicrous and ridiculous; and by his dignified reprobation of an impudent attempt to impose on the people of America, he raised such a storm of indignation, that even Hutchinson, who had been appointed on purpose to sanction this writ, dared not utter a word in its favour, and Mr. Gridley himself seemed to me to exult inwardly at the glory and triumph of his pupil."

An epoch in public affairs may be dated from this

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