MEMOIR LIFE OF JOSIAH QUINCY JUN. MASSACHUSETTS : BY HIS SON, JOSIAH QUINCY • Breve et irreparabile tempus Omnibus est vitm ; scd famani extendere factis, Hoc virtutis opus. BOSTON : PUBLISHED BY CUMMINGS, HILLIARD, Sf COMPANY. 1825. A- ^ G & 'M4^q7 DISTRICT OF MASSACHUSETTS, TO WIT: District Clerk's Office. Be it remembered, that on the twenty-first day of May, A. D. 1825, in the nineteentli year of the Itulependence of the United States of Amer- ica, Cummiiigs, Milliard, & Co. of the said district, have deposited in this office the title of a book, the right wiiereof they claim as proprietors, in the words following, to wit : " Memoir of the Life of Josiah Quincy Jun. of Massachusetts : by his son, Josiah Quincy. Breve ct irreparabile tempus Omnibus est vitte ; sed famam e.Kteudere factis, Hoc vJrtutis opus.'' In conformity to the Act of the Congress of the United States, enti- tled, '' An Act for the encouragement of learning, by securins; the copies of maps, charts, and books, to the authors and proprietors of such cop- ies, during the times therein mentioned:" and also to an Act, entitled, " An Act, supplementary to an Act, entitled, ' An Aci for the encourage- nient of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned ;' and extending tlie benefits thereof to tiie arts of design- ing, engraving, and etching historical, and other prints." .JNO. W. DAVIS, Clerk of the District of Massacfiusells, University Press. — Hilliard fy Metcalf, .' ' •>» ■^ TO THE CITIZENS OF BOSTON, This Memoir of one, who, in times of great peril and oppression, was among the most strenuous assertors of the riglits of the inhabitants of this metropolis, is respectfully dedicated, By their fellow citizen, JOSIAH QUINCY. Boston, April :2G, 1825. ^ PREFACE. By the lapse of half a century, the actors in the scenes immediately preceding the war of the A- merican Revolution, begin to be placed in a light and at a distance, favourable at once to right feel- ing and just criticism. In the possession of free- dom, happiness, and prosperity, seldom if ever be- fore equalled in the history of nations, the hearts of the American people naturally turn tovt^ards the memories of those, who, under Providence, were the instruments of obtaining these blessings. Cu- riosity awakens concerning their characters and motives. The desire grows daily more universal to repay, with a late and distant gratitude, their long neglected, and often forgotten, sacrifices and suf- ferings. Among the men, whose character and political conduct had an acknowledged i nfluence on the events of that period, was Josiah Quincy Jun. The unanimous consent of his contemporaries has asso- ciated his name, in an imperishable union, with that of Otis, Adams, Hancock, Warren, and other VI distinguished men, whose talents and intrepidity influenced the events which led to the declaration of Independence. This honour has been grant- ed to him. notwithstanding his political path was, in every period of its short extent, interrupt- ed by intense professional labours, and was termi- nated by death at the early age of thirty-one years. The particular features of a life and charac- ter, capable, under such circumstances, of attain- ing so great a distinction, are objects of curiosity and interest. Those who recollect him, speak of his eloquence, his genius, and his capacity for in- tellectual labour ; of the inextinguishable zeal and absorbing ardour of his exertions, whether directed to political or professional objects; of the entireness with which he threw his soul into every cause in which he engaged ; of the intrepidity of his spirit, and of his indignant sense of the wrongs of his country. It is certain that he made a deep impression on his contemporaries. Those who remember the ]k>- litical debates in Fanueil Hall, consequent on the Stamp Act, the Boston Massacre, and the Boston Port-Bill, have yet a vivid recollection of the pa- thos of his eloquence, the boldness of his invectives, and the impressive vehemence with which he ar- raigned the measures of the British ministry, inflam- ing the zeal and animating the resentment of an oppressed people. Ml These recollections, however, arc evanescent. The peculiarities of tone, gesture, and turn of thought, which distinguished the orator, jjerish with him, and with those who were witnesses of their effect. It is among written memorials that the his- torian must look for those traits of virtue and tal- ent which fix the destiny of character, and by which the false is detected and the true established. The chief memorials of Josiah Quincy Jun. be- longing to this class, were, by his last will, be- queathed to his son, the editor of this work. They have frequently been solicited for publication, but, with the exception of the few extracts which Gordon made and inserted in the first volume of his Histo- ry of the American Revolution, no part has before been submitted to the press. They are now given to the general eye, not so much because they be- long to that individual, as because his memory, from the circumstances of his life, death, character, and labours, is inseparably identified with the limes in which he lived, and with the fortunes of his country. A memoir of this kind has been often urged on the editor as a duty. But it is difficult for a son to execute such a task, without being suspected of un- due bias, or of motives different from those which are avowed. Obstacles of this character have de- ferred until the present time, and would have post- Vlll poned until a still more distant period, this pub- lication, had they not been overcome by consid- erations arising from the uncertainty of life, from the accidents to which all manuscripts are ex- posed, and from a sense of duty as well to the indi- vidual as to the public. The few facts known con- cerning his life, extracts from his writings, and orig- inal letters, to and from distinguished men of his time, will be inserted in chronological order, and selected exclusively with reference to the light they throw on character, motives, and principles. His pamphlet on the Boston Port-Bill will be subjoined. Although temporary in its object, it is among the best remaining evidences of the spirit and political principle of the period in which it was written. Nor can it fail of permanent interest from its connexion with the history of this metrop- olis, and with that most oppressive measure of the British ministry, which, more than any other, pre- cipitated the crisis of the American Revolution. Of all monuments raised to the memory of dis- tinguished men, the most appropriate, and the least exceptionable, are those, whose foundations are laid in their own works, and which are constructed of materials, supplied and wrought by their own labours. MEMOIR. JosiAH QuTNCY Juii. was a descendant from one of those pilgrims, who, in the reign of Charles the First, sought, in these western regions, an asy- lum from civil and religious persecution. His ancestor, Edmund Quincy, came from England with the Rev. John Cotton, and arrived at Boston in the month of September 1633. In November following, his name and that of his wife are men- tioned on the records of the First Church. He was elected the succeeding x.lay, by the town of Boston, one of its first representatives to the first General Court held in the Colony ; and it appears by the records of that town, that " on the tenth day of the ninth month, 1634, Edmund Quincy and others were appointed to make and assess a tax of thirty pounds to Mr Blackstone," to purchase his right and title to the peninsula of " Shawmut," now Boston. 1 2 In 1635, the town of Boston granted lands at Mount Wollaston to William Coddington and Edmund Quincy ; who took possession of them in the following year. Edmund Quincy died soon after, at the age of thirty-three. His only son, Edmund Quincy, was born in England, in 1627. He inherited and settled on his father's estate at Mount Wollaston, afterwards Braintree ; was a magistrate of the county, and Lieutenant Colonel of the Suffolk regiment. He died in 1697, having had two sons, Daniel and Edmund. Daniel, the eldest, died before his father, leaving one son, John, born in 1689. John Quincy was an inhabitant of the town of Braintree, and was one of the most distinguished public characters of that period. He held the office of Speaker of the House of Representatives, longer than any other person, during the Charter of William and Mary ; and served as representative from the town of Braintree, and as member of the Executive Council of the Province for forty suc- cessive years. His paternal estate (Mount Wol- laston), on which he resided during his whole life, is now the property of his great grandson, John Quincy Adams. 3 Edmund, the youngest son of Edmund Quincy, was born in Braintree, in October 1681 ; was graduated at Harvard College in 1699 ; and en- tered early into public life, as representative of the town of Braintree, and afterwards as member of the Executive Council. He held the commis- sion of Judge of the Supreme Court of the colony, from the year 1718, to his death. A controversy having occurred between the province of Massa- chusetts Bay and that of New Hampshire, rela- tive to their respective boundary lines, he was appointed by the General Court of Massachusetts, their agent at the Court of Great Britain. In December 1737, he embarked for England, on that mission. Soon after his arrival in London, he died of the smallpox, February 23, 1738, at the age of fifty-seven. His death was deeply lamented by his countrymen. The General Court of Massachusetts, as an acknowledgment of his worth, and considering that his life had fallen a sacrifice in the public service, made a donation to his heirs, of one thousand acres of land, in the town of Lenox, in the county of Berkshire ; and caused a monument to be erected over his grave in Bunhill-fields, London, at the expense of the colony. This Edmund Qiiiiicy left two sons, Edmund and Josiah. Edmund, the eldest, was born in Braintree, in 1703, was educated at Harvard College, and received his de«ree in 1722. He was many years a merchant in Boston. Afterwards he resided on his paternal estate in Braintree ; was author of "A Treatise on Hemp Husbandry," published in 1765, and died an acting magistrate of the county of Suffolk, in July 1788, at the age of eighty-five. Josiah, the youngest son of Edmund Quincy, was born in Braintree, in 1709. He was graduated at Harvard College, in 1728, and entered into business as a merchant in Boston. In 1737, he accompanied his father to England, passed seve- ral years in Europe at different periods of his life, and finally returned to America in 1749. He was appointed in 1755, by Governor Shirley, joint commissioner with Thomas Pownall, afterwards Governor Pownall, to negotiate with the colonies of Pennsylvania and New York, for assistance in erecting a frontier barrier against the French, at Ticonderoga. In this mission he availed himself of the influence of Dr Franklin,* and was success- ful. The particular circumstances of this negotia- * Sec vVppendix. tion are related in the Memoirs of that great man, written by himself. Josiah Quincy retired in 1756 from business, and resided in Braintree, on his portion of his paternal estate, until his death, in 1784. His latter years were embittered by the loss of his youngest son, the subject of these memoirs, with whose zeal in the cause of American liberty, he cordially co-operated ; and whose reputation for genius, and rising promise of future usefulness and distinction, he had cherished as the hope and so- lace of his declining years. He was in friend- ship and correspondence with Washington, Adams, Franklin, Bowdoin, and other distinguished char- acters of that period.* His first wife was Hannah Sturgis, daughter of John Sturgis Esq. of Yar- mouth, by whom he had three sons. Edmund, the eldest, was born in Braintree, in October 1733. He received his degree at Har- vard College in 1752, entered into business as a merchant in Boston, and visited England in 17G0, and 1763. He was the intimate friend of Dr May hew, and a correspondent of Thomas Hol- * As the letters of such men cannot fail of being inteVcst- uig to their countrymen, a few of those, found among the pa- pers of Josiah Quincy, are inserted in tiie Appendix. lis Esq. of London.* Being a zealous whig and a political writer of that period, he would have probably taken an active part in the American Revolution, had his life been spared. But his health declining under a pulmonary complaint, he sailed, by the advice of his physicians, to the West Indies, and died at sea in March 1768, at the age of thirty-live years. Samuel Quincy, the second son, was graduated at Harvard College in 1754 ; engaged in the study of the law, and became eminent in that profession. He was appointed Solicitor General of the prov- ince, under the crown, and held that office until the revolution. Influenced by his official duties and connexions, his political course was opposed to that of the other members of his family. On the termination of the siege of Boston in 1776, he left this country with other loyalists. He was appointed attorney for the crown in the island of Antigua, which office he held until his death in 1789. The youngest son of Josiah Quincy, having died in the lifetime of his father, was knoAvn to his contemporaries by the name of Josiah Quincy Jun. * A letter from Mr Hollis is inserted in the Appendix t© this Avork. He was born in Boston February 23, 1744. The delicacy of his constitution, during his infancy and childhood, excited the anxiety of his friends. As he advanced towards manhood their apprehen- sions were increased by the extreme sensibility of his temperament, and the ardour and industry by which, even in youth, he was distinguished. These qualities characterized him through life, and being brought into strong activity by the political excitement of the period, caused the early termination of his career. Josiah Quincy Jun. acquired the rudiments of a classical education at Braintree, under the tuition of Mr Joseph Marsh, who was for many years master of a highly respected private school in that town. In 1759, he entered Harvard University, where his industry, zeal, and unconquerable thirst for learning, were conspicuous. His taste was refined by an intimate acquaintance with the an- cient classics, and his soul elevated and touched by the spirit of freedom they breathe. His com- positions during this period also prove, that he w as extensively conversant with the best writers of the French and English schools. Above all, the genius of Shakspeare seems to have led captive his youthful imagination. In his writings, quota- 8 tions, or forms of expression, modelled upon those of that author, ^perpetually recur. There still ex- ists among his papers, a manuscript of the date of 1762, he then being in the junior class of the college, of seventy closely and minutely written quarto pages of extracts from that writer. He was graduated in 1763, with unblemished reputation. Three years afterwards, on taking the degree of Master of Arts, he pronounced the English oration, at that time a new thing in the exercises of the University, and considered its highest academic honor. His subject was " pa- triotism," and it appears by the periodical publi- cations of the day, that he acquired, both on account of the composition and delivery, great reputation. From the University, he passed in 1763, into the office of Oxenbridge Thacher Esq. in Boston, one of the most eminent lawyers of the period, and entered upon the study of the law with that intense ardour and industry, which were his dis- tinguishing characteristics. Mr Thacher died in July 1765. Mr Quincy remained in the office during the residue of his student's term, took a general oversight of its concerns, and on entering his professional career, succeeded to an extensive 9 practice, which his talents, diligence, and fidelit}', in a great measure, secured to himself. His in- dustry while a student, and during the first years of his profession is proved by several manuscript volumes, in his own hand, consisting of " Reports of cases, and points of law, solemnly adjudged in the Supreme Court of the Province," part of which are original, and part copied from the min- utes of eminent lawyers. The arguments of Auchmuty, Thacher, Grid- ley, Otis, Adams, and other distinguished lawyers, with the cases cited, in various important ques- tions, are here abstracted and preserved. On commencing the practice of the law, he early became distinguished for the zeal with which he engaged in the service of his clients, and the learning and eloquence of his arguments both to the court and jury. Otis, Adams, Sewall, and the other great luminaries of the bar at that period, were by many years his seniors. His- practice, however, soon became extensive, and his high rank as a lawyer was acknowledged by his contemporaries. Although his attachment to pro- fessional pursuits was strong, and his attention to his business unremitting, yet the political circum- stances of the times were of a character to call into 2 10 immediate action that love of country, which was the deep-seated passion of his soul. Notwithstanding the repeal of the Stamp Act. in March 1766, the avowal contained in that re- peal, " of the absolute right of Parliament to bind the Colonies, in all cases whatsoever," had excit- ed great alarm, and just discontent, among the friends of liberty in America. The course of measures adopted by the British ministry towards the town of Boston, tended to quicken those fears, and extend that discontent. In the autumn of 1766, the companies of Royal Artillery, then stationed at Castle Island in the harbour of this town, were augmented. In the June folloAving, additional reinforcements arrived. In July 1767, the British cabinet resolved upon new restrictions on American commerce. It was determined to raise a farther revenue by imposts, additional to those already existing, and which were, in them- selves, sufficiently obnoxious and oppressive. The number of the officers of the customs was to be multiplied. The governor, judges, and revenue officers, were to be paid by the crown, without resort to the colonial legislature. The military force in the colonies was largely to be increased, and the power of the military commanders to be 11 augmented, so as to make them more effective in- struments in putting down opposition. The knowledge of this revived scheme of op- pression, reached America in the September of that year, accompanied by letters from the friends of American liberty in Europe, stating that it was the intention of the administration to cause the authors of the riots, and the writers of the seditious pieces in America, to be arrested and sent to England to be tried for high treason. This news rekindled the flame which the repeal of the Stamp Act had, in some degree, allayed. The public prints became immediately the vehicles of the boldest language, and the most vivid excite- ment. At this time, Mr Quincy, as far as can be gathered from his papers, first commenced his political animadversions on the times, and their resulting duties. Two pieces, signed Hyperion, were published by him in the Boston Gazette, in the latter end of September, and the beginning of October, 1767. The following extracts will show both the temper of the times, and the spirit of the writer. - . i' 12 "It cannot be , But we are pigeon-livered, and lack gall To make oppression bitter." " When I reflect on the exalted character of the ancient Britons, on the fortitude of our illustri- ous predecessors, on the noble struggles of the late memorable period, and from these reflections, when, bj a natural transition, I contemplate the gloomy aspect of the present day, my heart is alternately torn with doul^t and hope, despond- ency and terror. Can the true, generous magna- nimity of British heroes be entirely lost in their degenerate progeny ? Is the genius of Liberty, which so late inflamed our bosoms, fled forever ? " An attentive observer of the deportment of some particular persons in this metropolis, would be apt to imagine that the grand point was gained ; that the spirit of the people was entirely broken to the yoke ; that all America was subjugated to bondage. Already the minions of power, in fancy fatten, and grow wanton on the spoils of the land. They insolently toss the head, and put on the air of contemptuous disdain. In the imaginary possess- ion of lordships and dominions, these potentates and powers dare tell us, that our oidy hope is to crouch, to cow 1 under, and to kiss the iron rod of 13 oppression. Precious sample of the meek and lowly temper of those, who are destined to be our lords and masters ! " Be not deceived, my countrymen. Believe not these venal hirelings when they would cajole you by their subtleties into submission, or frighten you by their vapourings into compliance. When they strive to flatter you by the terms ' modera- tion and prudence,' tell them, that calmness and deliberation are to guide the judgment ; courage and intrepidity command the action. When they endeavour to make us ' perceive our inability to oppose our mother country,' let us boldly an- swer : In defence of our civil and religious rights, we dare oppose the world ; with the God of armies on our side, even the God who fought our fathers' battles, we fear not the hour of trial, though the hosts of our enemies should cover the field like locusts. If this be enthusiasm, we will live and die enthusiasts. n:<^ nu- • »^'' "Blandishments will not fascinate tl^,ttor will threats of a ' halter' intimidate. For under God, we are determined, that wheresoever, whenso- ever, or howsoever, we shall be called to make our exit, we will die freemen. Well do we know that all the regalia of this world cannot 14 dignify the death of a villain, nor diminish the ignominy, with which a slave shall quit his exis- tence. Neither can it taint the unblemished hon- our of a son of freedom, though he should make his departure on the already prepared gibbet, or be dragged to the newly erected scaffold for exe- cution. With the plaudits of his conscience he will go off the stage. A crown of joy and im- mortality shall be his reward. The history of his life his children shall venerate. The virtues of their sire shall excite their emulation." Other political essays, breathing the same spirit, and tending to rouse the indignation of his coun- trymen, at the measures of the British cabinet, were published by him in the Boston Gazette, in the course of the ensuing year. A letter written about this time to one of his friends, strongly depicts his feelings, and indicates the absorbing influence, with which the enthusiasm of the period had possessed his heart and und' rstanding. 15 TO THE REV. JOHN EAGLESON. ''Boston, Sept. 15, 1768. " Respected Sir, " Your friendly letter came to hartd a few days since, and a leisure moment now presenting, I with pleasure seize the opportunity of writing to you. The rights and liberties of Americans be- come every day more and more the serious object of attention. As political disputation increases, a settlement of the point in question removes far- ther and farther from the design of both parties. Private pique, envy, and personal resentment soon preclude a fair and candid discussion, and in- temperate passions will forever prevent any equit- able decii^ion. " The present aspect of the day is gloomy in- deed, yet we are far from despair. Though the clouds, full charged, rise thick and fast, the thun- ders roll, and lightnings play, nay, it is said, are just within striking distance, there are not want- ing those amon^ us, who believe that proper conductors will safely carry off all the political fluid, the clouds disperse, and the sky soon be- come calm and serene. Visionaries, you know, are credulous, enthusiasts are bold and enterpris- ing ; many such, Mr Eagleson is sensible, inhabit these northern regions. 16 " We Americans have a righteous cause. We know it. The power of Great Britain may op- press, nay, for a time apparently subdue us. But, before all the freeborn sons of the north will yield a general and united submission, to any tyrannic power on earth, fire and sword, famine and slaughter, desolation and ruin, will ravage the land. When thus I venture, without any pre- tence to the spirit of prophecy, at a hasty predic- tion, you will probably smile at my reverie. But you know, political dreamers are the most ob- stinate, and incorrigible, of all sinners. You will see, by our public prints, the late transactions of this town, and the situation that we are in at present. Daily in the expectation of troops ; some say three regiments, and three ships of the line. Opinions differ respecting what ought, and what will be, the deportment of this people. On the one hand, a swarm of court dependants, and a standing army in the bowels of a state, have been in all ages, and nations, thought, and found to be, the bane of civil freedom. On the other, an open rupture with Great Britain (I had like to have said mother state), is a dreadful alternative. " But our all is at stake ! The pulse of the people beats high, and it may well be imagined, 17 that in our present state, all ranks among us are much agitated. This therefore may apologize for my not being in a facetious, and proper frame of mind, to answer some parts of your entertain- ing letter. To see the daily blunders which are committed, and the deep tragedy wiiich is now acting, on the political theatre, and not to be moved, is to be an unfeeling wretch indeed. If the contempt and indignation of every sensible and humane man in Christendom, were sufficient to explode a political system, there would be some hopes of seeing ' Venice Preserved and the Plot Discovered.' " About the last of September of this year, two British regiments, the 14th under the command of Colonel Dairy m pie, and the 29th under that of Lieut. Colonel Carr, arrived in Boston from Hali- fax. They were landed from fourteen ships of war, which lay with their broadsides towards the town, with springs on their cables, and their guns ready to fire, in case of the least opposition. With muskets charged, bayonets fixed, drums beating, fifes playing, and a complete train of artillery, the troops took possession of the common, the state- house, the court-house, and Faneuil hall. The 3 m main-guard, with two pieces of artillery, was sta- tioned at the state-house, with their guns pointed towards it. The town wore the aspect of a gar- rison. Counsellors, as they entered the council- chamber, citizens, as they passed and repassed on their private business, were challenged by sen- tinels, ij,- ,,, jujijn It was at this moment, and under such a state of terror and danger, that Mr Quincy published " Hyperion " in the Boston Gazette of the third of October. As it is strongly indicative of the temper of that most eventful moment, as well as eminently characteristic of the mind and feelings of the writer, it will be here published entire. ,.,f* ' The aggregated judgment of the common peo- ple,' says an eminent writer, ' discerns most truly the errors of government, forasmuch as they are the first to be sure to smart under them. In this only they come to be shortsighted ; that though they know the diseases, they understand not the remedies, and though good patients, they are ill physicians.' " What are the present sentiments of the inhab- itants of North America ? Discern they not most truly, and smart they not most severely under the 19 errors of government ? The disease is known and felt ; but where is the remedy, — where is the phy- sician ? For the people to ask counsel is deemed treasonable ; to assemble themselves to consult, is denominated rebellion. Thus would some poten- tates terrify mankind with a few sounding, technic- al expressions. It has been found in all ages diffi- cult to persuade men, by the most refined court- chicane, out of their reason ; and tyrants have ever found it impossible to argue, sooth, or frighten the common people out of their feelings. It is truly strange to hear the arguments, and see the parade of some at this day. One would from their con- duct be induced to imagine, they thought it the most likely way of dispiriting the people, to render their case irremediable. Certainly such politicians have little studied the volume of nature. A nation, not as yet entirely enervated by luxury, not wholly depressed by slavery, when reduced to despair, are invincible to a proverb. " After what has been said and -wrote on both sides of the Atlantic, upon colony-affairs ; after the most perspicuous demonstration of the illegality and ill-policy of the measures pursued against this continent ; it would be an affront to the under- standing to attempt setting the matter in a clearer point of view. The meanest capacity must per- ceive, the remotest peasant in the wilds of Ameri- ca must feel, the consequences. " British taxations, suspensions of legislatures, and standing armies, are but some of the clouds, which overshadow the northern world. Heaven grant that a grand constellation of virtues may shine forth with redoubled lustre, and enlighten this gloomy hemisphere ! " If ever there was a time, this is the hour, for Americans to rouse themselves, and exert every ability. Their all is at a hazard, and the die of fate spins doubtful ! In vain do we talk of mag- nanimity and heroism, in vain do we trace a de- scent from the worthies of the earth, if we inherit not the spirit of our ancestors. Who is he, who boasteth of his patriotism ? Has he vanquished luxury, and subdued the worldly pride of his heart? Is he not yet drinking the poisonous draught, and rolling the sweet morsel under his tongue ? He, who cannot conquer the little vanity of his heart, and deny the delicacy of a debauched palate, let him lay his hand upon his mouth, and his mouth in the dust. "Now is the time for this people to summon every aid, human and divine; to exhibit every 21 moral virtue, and call forth every christian grace. The wisdom of the serpent, the innocence of the dove, and the intrepidity of the lion, with the blessing of God, will yet save us from the jaws of destruction. "*^^'' ^'"' ''^'^ .>'^'rmR TiiLfif>ni;JK hw "Where is the boasted liberty of Englishmen, if property may be disposed of, charters suspend- ed, assemblies dissolved, and every valued right annihilated, at the uncontrollable will of an ex- ternal power ? Does not every man, who feels one ethereal spark yet glowing in his bosom, find his indignation kindle, at the bare imagination of such wrongs ? What would be our sentiments, were this imagination realized ? " Did the blood of the ancient Britons swell* OUT veins, did the spirit of our forefathers inhabit our breasts, should we hesitate a moment in pre-' ferring death, to a miserable existence in bondage ?" Did we reflect on their toils, their dangers, their iiery trials, the thought would inspire unconquer- able courage. " ' '* Who has the front to ask. Wherefore do yoti ' complain ? Who dares assert, every thing worth ' living for is not lost, when a nation is enslaved ? Are not pensioners, stipendiaries, and salary men, (unknown before,) hourly multiplying on us, to 2-2 riot in the spoils of miserable America ? Does not (Bvery eastern gale waft us some new insect, even of that devouring kind, which eat up every green thing. Is not the bread taken out of the children's mouths and given unto the dogs ? Are not our estates given to corrupt sycophants, with- out a design, or even a pretence of soliciting our assent, and our lives put into the hands of those whose tender mercies are cruelties ? Has not an authority in a distant land, in the most public manner, proclaimed a right of disposing of the all of Americans ? In short, what have we to lose — what have we to fear ? Are not our distresses more than we can bear ; and to finish all, are not our cities, in a time of profound peace, filled with standing armies, to preclude us from that last solace of the wretched — to open their mouths in complaint, and send forth their cries in bitter- ness of heart ? " But is there no ray of hope ? Is not Great Britain inhabited by the children of those renown- ed barons, who waded through seas of crimson gore to establish their liberty ; and will they not allow lis, their fellow men, to enjoy that freedom, which we claim from nature, which is confirmed by SAr constitution, and which they pretend ^o 23 liighly to value ? Were a tyrant to conquer us, the chains of shivery, when opposition should become useless, might be supportable ; but to be shackled by Englishmen, — by our equals, — is not to be borne ! ^^ By the sweat of our brow, we earn the little we possess ; from nature we derive the common rights of man ; — and by charter we claim the liber- ties of Britons! Shall we, — dare we, — pusillani- mously surrender our birthright ? Is the obliga- tion to our fathers discharged, is the debt we owe posterity paid ? Answer me, thou coward ! who hidest thyself in the hour of trial ! If there is no reward in this life, no prize of glory in the next, capable of animating thy dastard soul ; think and tremble, thou miscreant ! at the whips and stripes thy master shall lash thee with on earth, — and the flames, and scorpions, thy second master shall torment thee with hereafter ! " Oh, my countrymen ! what will our children say, when they read the history of these times, should they find we tamely gave away, without one noble struggle, the most invaluable of earthly blessings ? As they drag the galling chain, will they not execrate us? If we have any respect for things sacred ; any regard to the dearest treas- lire on earth ; — if we have one tender sentiment for posterity ; if we would not be despised by the whole world ; — let us, in the most open, solemn manner, and with determined fortitude, swear, — we will die, — if we cannot live freemen ! " Be not lulled, my countrymen, with vain imaginations, or idle fancies. To hope for the protection of Heaven, without doing our duty, and exerting ourselves as becomes men, is to mock the Deity. Wherefore had man his reason, if it were not to direct him ? Wherefore his strength, if it be not his protection ? To banish folly and luxury, correct vice and immorality, and stand immoveable in the freedom, in which we are free indeed, is eminently the duty of each individual, at this day. When this is done, we may rational- ly hope for an answer to our prayers ; for the whole counsel of God, and the invincible armour of the Almighty. " However righteous our cause, we cannot, in this period of the world, expect a miraculous sal- vation. Heaven will undoubtedly assist us, if we act like men ; but to expect protection from above, while we are enervated by luxury, and slothful in the exertion of those abilities with w hich we are endued, is an expectation vain and foolish. With 25 the smiles of Heaven, virtue, unanimity, and firm- ness will insure success. While we have equity, justice, and God, on our side, Tyranny, spiritual or temporal, shall never ride triumphant in a land inhabited by Englishmen." The following extract from a letter, written to his father, in December, 1768, on a subject of personal interest, marks how deeply the love of independence was impressed upon his heart ; and how consistent were the principles of his private and public life. " An independency, in the strict sense of the word, I know is not the lot of man ; but to re- strain, to a certain degree, the instability of for- tune, is much in our })ower. So far then, an in- depeudence is attainable. Let those, W'ho will, laugh at the paltry certainty which is to be gained. Surely, it would be some alleviation under the pressure of misfortune, to think, that our own folly and rashness contributed in no part to the heavy burden. Aias ! how few of the sons of men have this happy consolation. Hence, most of those idle and vague declamations, which we so often hear, upon the fickleness and inconstancy of for- 4 tune. When thoroughly examined, the grand source is found in the hasty presumption of a fool- ish vanity, or the weak irresolution of a vicious heart. To apply for assistance, where my own foresight might have prevented the necessity, would be to me worse than death. Early in life, I was fixed ; experience has confirmed me, to suf- fer every stroke of adversity, let it be as severe as even imagination can paint, ere 1 would implore any earthly relief from distress, against which my own prudence might have armed me. To ask assistance, where, if it were declined, your re- doubled efforts would supply your exigence, is the daily course of human affairs ; but to seek re- lief, where a denial reduces you to despair, would be torment beyond expression. " Through your watchful care of my education and your kind munificence, I am out of a tempta- tion to the meaner vices, and in that state, which to one of my temper, is the happiest human na- ture can boast, an independency, save on God and myself, for a decent support through life, and the hope of quitting the stage with that best human standard of true worth, the general appro- bation of my countrymen. How deeply my heart is affected, by those invaluable favours, is not for ^7 profession to convince you, but will be, I trust, best manifested by the uniform tenor of my life." The political course of Mr Quincy having ren- dered him obnoxious to the Supreme Court of the province, he was omitted in the distribution of the honours of the gown, which was due to his rank and standing at the bar. This circum- stance is thus noticed in the fourth volume of his manuscript Law Reports. " August 1769. At the last sitting of the Su- preme Court in Charlestovvn, I argued (for the first time in this Court) to the jury, though not admitted to the gown ; the legality and propriety of which, some have pretended to doubt. But as no scruples of that kind disturbed me, I pro- ceeded (maugre any) to manage all my own busi- ness (for the first time also in this county,) though unsanclified, and uninsj)ired by the pomp and magic of the Long Robe." At this period his professional engagements became so extensive, as often to preclude hitii' from any particular oversight of the publication of his political essays. A direction to the printers, 28 which appears on some of his original manuscripts, ■ — '' Let Samuel Adams Esfj. correct the press," — indicates the mutual respect and intimacy, which subsisted between them, and which continued uninterrupted until his death. Notwithstanding the multiplicity of his professional avocations, and his ardent zeal in exciting and directing the political energies of his countrymen, his literary pursuits were never relinquished. His manu- scripts and common-place books prove how deeply he was imbued with the love of letters. His library, which was extensive for that period, was destroyed by fire, about ten years after his death ; a loss the more to be regretted, as the few volumes which escaped, show that his practice was to read with his pen in his hand, and to record in the margin or blank pages, by way of reference, or remark, either his own thoughts, or the parallel thoughts of other v/riters, which reading recalled to his memory. In October 1769, he married the eldest daugh- ter of William Phillips Esq., at tliat time one of the most eminent merchants in New England ; and who, ill the crisis of the country, which succeeded, was distinguished by the readiness, and the amount, with ^vhich, in the most perilous 29 and dubious periods of the controversy, he con- tributed to its support. In this connexion, the result of an early attachment, Mr Quincy found a companion, possessed of an intellect and spirit, capable of appreciating and supporting his own character and virtues. During his life she was the confidant of his noble views, and entering, with like ardour, into his political course, cheer- fully submitted to the privations it induced, en- couraging him with all her influence to risk the perils to which his open, undisguised zeal in the cause of his country, at that time, were thought to expose him and his family. She survived her husband three and twenty year^ ; his fame and memory being the chief solace of her life ; and the perfect fulfilment of parental duty to their surviving child, its only object. Among his original papers for the year 1770, are " An address of the merchants, traders, and freeholders of the town of Boston, assembled at Faneuil Hall, January 23, 1770, for the purpose of enforcing the non-importation act :" two essays, signed, " An Independant," published in the Boston Gazette on the 12th and 26th of Febru- ary 1770 : anotiier signed " An Old Man," published in the Boston Gazette of August 6, 30 1770 : and the " Report of a committee appointed to draw up instructions, for the represenfatives of the town of Boston, and which was unanimously accepted by the inhabitants, 15th May, 1770." The original draft of this report in the hand writing of Mr Quincy, signed by Richard Dana, and attested by William Cooper, town clerk, exists among his papers. The boldness of his political course may be estimated by a single paragraph extracted from one of the above mentioned essays, styled " The Independant," and published on the 12th of Feb- ruary, while Boston was in a state little short of a garrison, and only twenty days previous to the Boston massacre. "In answer to the question, ' What end is the non-importation agreement to answer ?' I give the following reply. " From a conviction in my own mind, that America is now the slave of Britain ; from a sense that we arc every day more and more in danger of an increase of our burdens, and a fast- ening of our shackles, I wish to see my country- men break off, off forever ! — all social inter- course with those, whose commerce contaminates, 31 whose luxuries poison, whose avarice is insatiable, and whose unnatural oppressions are not to be borne. That Americans will know their rights, that they will resume, assert, and defend them, are matters of which I harbour no doubt. Whether the arts of policy, or the arts of war will decide the contest, are problems, we will solve at a more convenient season. He, whose heart is enamour- ed with the refinements of political artifice and finesse, will seek one mode of relief ; he whose heart is free, honest, and intrepid, will pursue a- nother, a bolder, and more noble mode of redress. This reply is so intelligible, that it needs no comment, or explanation." It was scarcely to be anticipated that one, who could discern thus clearly, and display thus bold- ly, the inevitable crisis which ensued, should be one of the selected judicial defenders of those, who were the instruments in shedding the first blood, that flowed in the contest which terminated in American Independence. The tragedy of the 5th of March 1770, de- nominated, in the language of that period, " The Boston Massacre," had wrought the whole people of Massachusetts, and above all the inhabitants of 52 Boston, to the highest pitch of rage and indigna- tion. The populace breathed only vengeance. Even minds better instructed, and of higher prin- ciples than the multitude, in the excitement of the moment, could not endure the doctrine, that it was possible for an armed soldiery to fire upon and kill unarmed citizens, and commit a crime less than murder. Political animosity and natur- al antipathy to troops stationed in the metropolis, sharpened this vindictive spirit. The friends of the government were either silent, or only ex- pressed regret and lamentation at the event. The friends of freedom were loud in their indig- nation, and clamorous for that justice which declares, that " blood shall be the penalty for blood." Among those, who sympathized most deeply with the mass of his fellow-citizens, in their ha- tred of the instruments of their oppressions, and in their detestation of the principles they had been sent hither to maintain, was Josiah Quincy Jun. No one had more openly, or pathetically than he, appealed to his fellow-citizens, or had more studi- ously excited their resentment, both in the ga- zettes, and in Faneuil hall, against the troops and their employers. What then must have been his 33 surprise, to find that Captain Preston, and the accused soldiers, had selected him as one of their defenders ! On the day of Captain Preston's imprisonment, that officer sent for him to the jail, and solicited his engagement in his own behalf, and in that of the soldiers. To understand the difficulty of Mr Quincy's situation, it is necessary to realize the exasperated state of public feeling. The spirit of revenge glowed with a fervour al- most universal. On the one hand were the obli- gations of humanity, official duty, and the strong desire that justice should not fall a sacrifice in her own temple, to the passions of the moment. On the other hand, the confidence of political friends, popularity, and that general affection which his public course had attained for him, in so remarka- ble a degree, among his fellow-citizens, were to be hazarded. These difficulties and dangers he shared with his intimate friend and copatriot, John Adams, who, being several years his senior, both in age and at the bar, was joined with him as elder counsel. Their mutual friendship, cemented by professional and patriotic labours, terminated only with life. After debberation and consulta- tion with each other, and their friends, both of these patriots yielded all personal considerations to the 5 34 higher obligations of humanity and official duty. They braved the fury of the moment ; and inter- posed their learning, talents, and well-earned in- fluence, to that torrent of passions, which, for a time, threatened to bear down the landmarks of justice. Gordon states, that " they oifended several of their own party by undertaking the defence of the prisoners." * This, however, gives but a faint idea of the actual state of feeling which these two gentlemen had to encounter on the occasion. The following extracts from a correspondence, which parental affection and anxiety induced Mr Quincy's father to commence, will indicate the nature and extent of the sentiment prevalent at that period on the subject. TO JOSIAH QUINCY JUN., BOSTON. ''Braintree, March 22, 1770. " My dear Son, " I am under great affliction, at hearing the bitterest reproaches uttered against you, for having become an advocate for those criminals who are charged with the murder of their fellow- * History of the American Revolution, vol. i. p. 291. 35 citizens. Good God ! Is it possible ? I will not believe it. *' Just before I returned home from Boston, I knew, indeed, that on the day those criminals were committed to prison, a sergeant had inquired for jou at your brother's house, — but I had no apprehension that it was possible an application would be made to you to undertake their defence. Since then I have been told that you have actual- ly engaged for Captain Preston ; — and I have heard the severest reflections made upon the occa- sion, by men who had just before manifested the highest esteem for you, as one destined to be a saviour of your country. " I must own to you, it has filled the bosom of your aged and infirm parent with anxiety and dis- tress, lest it should not only prove true, but de- structive of your reputation and interest ; and I repeat, I will not believe it, unless it be confirmed by your own mouth, or under your own hand. *' Your anxious and distressed parent, " JOSIAH QUINCY." 36 TO JOSIAH QUINCY ESQ., BRAINTREE. ''Boston, March 26, 1770. "Honoured Sir, " I have little leisure, and less inclination either to know, or to take notice, of those ignorant slan- derers, who have dared to utter their " bitter re- proaches" in your hearing against me, for liaving become an advocate for criminals charged with murder. But the sting of reproach when enven- omed onlj by envy and falsehood, will never prove mortal. Before pouring their reproaches into the ear of the aged and infirm, if tht^y had been friends, they would have surely spared a lit- tle reflection on the nature of an attorney's oath, and duty ; — some trifling scrutiny into the busi- ness and discharge of his office, and some small portion of patience in viewing my past and future conduct. " Let such be told, Sir, that these criminals, charged v/ith murder, are not yet legally proved guilty, and therefore, however criminal, are en- titled, by the laws of God and man, to all legal counsel and aid ; that my duty as a man obliged me to undertake ; that my duty as a lawyer strengthened the obligation ; that from abundant caution, I at first declined being engaged ; that 37 after the best advice, and most mature delibera- tion had determined my judgment, I waited on Captain Preston, and told him that I would afford him my assistance ; but, prior to this, in presence of two of his friends, I made the most explicit declaration to him, of my real opinion, on the contests (as I expressed it to him) of the times, and that my heart and hand were indissolubly attached to the cause of my country ; and final- ly, that I refused all engagement, until advised and urged to undertake it, by an Adams, a Han- cock, a Molineux, a Cushmg, a Henshaw, a Pemberton, a AVarren, a Cooper, and a Phillips. This and much more might be told with great truth, and I dare affirm, that you, and this whole people will one day rejoice, that I became an advocate for the aforesaid " criminals," charged with the murder of our fellow-citizens. " I never harboured the expectation, nor any great desire, that all men sliould speak well of me. To inquire my duty, and to do it, is my aim. Being mortal, lam subject to error ; and conscious of this, I wish to be diflident. Being a rational creature, I judge for myself, according to the light afforded me. When a plan of con- duct is formed with an honest deliberation, neither 38 murmuring, slander, rior reproaches move. For my single self, I consider, judge, and with reason hope to be immutable. " There are honest men in all sects, — I wish their approbation ; — there are wicked bigots in al} parties, — I abhor them." " I am, truly and affectionately, your son, " JOSIAH QuiNCY JUN." The trial of Captain Preston commenced on the 24th of October 1770, and was concluded on the 30th of that month, with his acquittal. Of this trial it is not known that any minutes exist. When that of the soldiers commenced, a short- hand writer was employed, from whose notes an account of that trial was published. As this volume has recently been republished, and is of easy access, no other extracts from it will be here inserted, than such as tend to throw a light on the mind and character of the subject of these memoirs. Not only for this purpose, but also as one of the best indexes to the state of the public mind, at that titne, in relation to this trial, — the whole of his argument, so far as it is connected with general topics, and indicative of the particular 39 excitement existing at that period, will be ex- tracted. What is relative only to the evidence, will be omitted. This course will at once explain and exhibit the nature of the popular passion, against the influence of which, the advocate deem- ed it necessary to guard the jury, and the address with which the topics were selected, and pressed upon their understandings and hearts. After the counsel for the crown (Samuel Quin- cy Esq. Solicitor General) had closed the opening of the trial, Josiah Quincy Jun. addressed the court and jury. " May it please your Honors, and you, Gentlemen of the Jurj^ " The prisoners at the bar stand indicted for the murder of five of his Majesty's liege subjects, as set forth in the several indictments, which have been read to you. The persons slain, those indictments set forth, as ' being in the peace of God, and our lord the king,' at the time of the mortal wounds given. " To these indictments, the prisoners have sev- erally pleaded Not Guilty : and for their trial have put themselves on God and their country, which country you are. And by their pleas, thus severally pleaded, they are to stand, or fall, by the evidence which shall respectively apply to them. 40 " By their plea of not guilty, they throw the burden of proof, as to the fact of killing, upon the crown ; but, upon which being proved, the matter they allege, to justify, excuse, or extenu- ate, must be adduced by them, and supported by legal evidence. The truth of the facts they may thus allege is your sole and undoubted province to determine, but upon a supposition that those facts shall appear to your satisfaction, in the manner we allege, the grand question then to be deter- mined, will be, whether such matters, so proved, do, in law, extenuate, excuse, or justify. The decision of this question belongs to another de- partment, namely, the Court. This is law, so well known, and acknowledged, that I shall not now detain you by a recital of authorities, but on- ly refer you to Judge Foster's Crown Law, where this point is treated with precision, and fixed beyond controversy. It may not be amiss, how- ever, to assure you, that as certain as the cog- nizance of facts is within your jurisdiction, as certain does the law, resulting from these facts, in cases of the present kind, seem to reside solely in the Court: unless cases where juries, under the direction of the Court, give general verdicts, may be denominated exceptions. 41 *' In the cause now before us, it will not be contested, that five persons were unfortunately killed, at the time the indictments charge ; and this case will naturally enough divide itself into throe main divisions of inquiry. First. Whether any homicide was committed ? Secondly. By whom was it committed ? Thirdly. Is there any thing appearing in evi- dence, which will justify, excuse, or extenuate, such homicide, by reducing it to that species of offence, called manslaughter ? *' Before we enter upon these inquiries, permit me, gentlemen, to remind you of the importance of this trial, as it relates to the prisoners. It is for their lives ! — If we consider the number of persons, now on trial, joined with many other circumstances which might be mentioned, it is by far the most im- portant, this country ever saw. Remember the ties you are under to the prisoners, and even to your- selves. The eyes of all are upon you. Patience in hearing this cause is an essential requisite, can- dour and caution are no less essential. It is tedi- ous and painful to attend a trial of such length ; but remember the time which has been taken up by the Crown in the opening. By every bond of humanity and justice, we claim an equal indul- 6 42 gence ; nay, it is of high importance to your country, that nothing should appear on this trial to impeach our justice, or stain our humanity. " And here let me remind you of a notion, which has certainly been too prevalent, and guard you against its baneful influence. An opinion has been entertained by many among us, that the life of a soldier was of very little value : of much less value than others of the community. The law, gentlemen, knows no such distinction ; the life of a soldier is viewed, by the equal eye of the law, as estimable, as the life of any other citizen. " I cannot any other way account for what I mention, but by supposing that the indigence and poverty of a soldier, — the toils of his life, — the severity of discipline to which he is exposed, — the precarious tenure by which he is generally thought to hold his life, in the summary decisions of a court-martial, have conspired to propagate a sen- timent of this kind ; but a little attention to the human heart, will dissipate this notion. " The soldier takes his choice, like all others, of his course of life : he has an equal right, with you, or me, so to do. It is best we should not all think alike. Habit makes all things agreeable ; what at first was irksome, soon becomes pleasing. 43 But does experience teach, that misery begets in general a hatred of life ! By no means : we all reluct at death ; we long for one short space more ; we grasp with anxious solicitude, even after a wretched existence. God, and nature, have implanted this love of life. Expel therefore from your breasts an opinion so unwarrantable by any law, human or divine ; let not any thing so injurious to the prisoners, who value life as much as you ; let not any thing so repugnant to all justice, have influence in this trial. The rep- utation of the country depends much on your conduct, gentlemen ; and, may I not add, justice calls aloud for candour in hearing, and impar- tiality in deciding, this cause, which has, perhaps, too much engrossed our aftections ; and, I speak for one, too much excited our passions. " The law, by which the prisoners are to be tried, is a law of mercy, — a law applying to us all, — a law. Judge Blackstone will tell us, ' found- ed in principles that are permanent, uniform, and universal, always conformable to the feelings of humanity, and the indelible rights of mankind.' Sec. 4, 13. Cap. 3. " How ought we all, who are to bear a part in this day, to aim at a strict adherence to the prin- 44 ciples of this law : liow ought we all to aim at utterly eradicating every undue bias of the judgment : a bias subversive of all justice and humanity. " Another opinion, equally foreign to truth and law, has been adopted by many. It has been thought, that no possible case could happen, in which a soldier could fire, without the aid of a civil magistrate. This is a great mistake, — a very unhappy mistake indeed ! one, I am afraid, that had its influence on the fatal night, which we all lament. The law, as to the present point, puts the citizen and soldier under equal restraint. What will justify and mitigate the action of the one, will do the same to the other. Let us bear this invariably in mind, in examining the evidence. But before we proceed to this examination, let us take a transient view of some occurrences, preceding, and subsequent to, the melancholy fifth of Mart:h. " About some five or six years ago, it is well known, certain measures were adopted by the British Parliament, which gave a general alarm to this continent. Measures were alternately taken in Great Britain, that awakened jealousy, resentment, fortitude, and vigilance. Affairs con- 45 tinned long fluctuating. A sentiment universally prevailed, that our dearest rights were invaded. It is not our business here to inquire touching these delicate points. These are concernments, which, however interesting or important in them- selves, we must keep far away from us, when in a court of law. It poisons justice, when politics tincture its current. " I need not inform you, how the tide rose, as we were advancing towards the present times. The general attention became more and more roused, — people became more and more alike in opinion and practice. A vast majority thought all that is dear was at stake, — sentiments of lib- erty, — property, — ignominious bondage, — all con- spire to increase the ferment. At this period the troops land. Let us here pause, and view the citizen, and the soldier. "The causes of grievance being thus 'spread far and wide, the inhabitants viewed the soldiery as called in, foreign from their prime institution, to force obedience to acts, which were, in general, deemed subversive of natural, as well as consti- tutional freedom. With regard to the universal prevalence of ideas of this kind, it does not fall within our present plan, to give you direct, posi- 46 tive evidence. It would be too foreign to the present issue, though pertinent enough, when con- sidered as a clue to springs and motives of action, and as an additional aid, to form a just judgment in our present inquiry. You, gentlemen, who come from the body of tlie country, are presumed to know these facts, if they are true ; nay, their notoriety must be such, provided I am not mistaken in my conjecture, that the justness of my obser- vation on this matter must be certainly confirmed by your own experience. I presume not in this, or any other matter of fact to prescribe to you : if these sentiments are wrong, they have no influ- ence : if right, they ought certainly to have their due weight. " I say, gentlemen, and appeal to you for the truth of what I say, that many on this continent viewed their chains as already forged ; they saw fetters as prepared ; they beheld the soldiers as fastening, and rivetting for ages, the shackles of their bondage. With the justness of these appre- hensions, you and I have nothing to do in this place. Disquisitions of this sort are for the »Sen- ate, and the chamber of Council, — they are for statesmen and politicians, who take a latitude in thoughts and action ; but we, gentlemen, are con- 47 fined in our excursions, hy the rigid rules of law. Upon the real, actual existence of these appre- hensions, in the community, we may judge ; they are facts falling properly within our cognizance, and hitherto may we go, but no farther. It is my duty, and I ought to impress it on your minds, and you, gentlemen, ought to retain the impression. You are to determine on the facts coming to your knowledge ; you are to think, judge, and act, as jurymen, and not as statesmen. "Matters being thus circumstanced, what might be expected ? No room was left for cordiality and friendship. Discontent was seated on almost every brow. Instead of that hospitality, which the soldier thought himself entitled to, scorn, con- tempt, and silent murmurs were his reception. Al- most every countenance lowered with a discontent- ed gloom, and scarce an eye, but flashed indignant fire. Turn and contemplate the camp. Do we find a more favourable appearance ? The soldier had his feelings, his sentiments, and his charac- teristic passions also. The constitution of our government has provided a stimulus for his affec- tions: — the pride of conscious virtue, the sense of valour, the point of honour. The law had taught him to think favourably of himself; — had 48 taught him to consider himself as peculiarly ap- pointed for the safeguard and defence of his coun- try. He had heard, that he put not off the citi- zen, when he entered the camp ; but because he was a citizen, and wished to continue so, he made himself, for a while, a soldier. How sting- ing was it to be stigmatized, as the instrument of tyranny and oppression ? How exasperating to be viewed, as aiding to inthrall his country ? He felt his heart glow with an ardour, which he took for a love of liberty and his country, and had formed to himself no design fatal to its privileges. He recollected, no doubt, that he had heretofore ex- posed himself for its service. He had bared his bosom in defence of his native soil, and yet felt the smart of wounds, received in conflict for his king and country. Could that spirit, which had braved the shafts of foreign battle, brook the keener wounds of civil contest ? The arrows which now pierced him, pierced as deep and rankled more, than those of former times. " Is it rational to imagine much harmony could long subsist ? We must take human nature as we find it, and not vainly imagine, that all things are to become new, at such a crisis. There are an order of men in ev ery commonwealth, who 49 never reason, but always act from feeling. That their rights and liberties were filched away one after another, they had often been told. They had been taught by those whom they believed, that the axe was now laid to the root of the tree, and one more stroke completed its fall. It was in vain to expect to silence or subdue these emo- tions by reasons, soothings, or dangers. A belief that nothing could be worse than the calaaiities, which seemed inevitable, had extended itself on all sides, and arguments drawn from such sources had little influence. Each day gave rise to new occurrences, which increased animosities. Heart- burnings, heats, and bickerings became more and more extensive. Reciprocal insults soured the temper, mutual injuries imbittered the passions. Can we wonder, that when every thing tended to some important action, the period so soon arrived ? Will not our wonder be increased to find the crisis no sooner taking place, when so many circumstan- ces united to hasten its approach ? To use an al- lusion somewhat hoinely, may we not wonder that the acid and the alkali did not sooner ferment ? " A thought here imperceptibly forces itself on our minds, and we are led to be astonished that persous so discordant in opinion, so opposite 7 m in views, attachments, and connexions, should be stationed together. But here, gentlemen, we must stop. If we pursue this inquiry, at this time, and in this place, we shall be in danger of doing great injustice. We shall get beyond our limits. The right of quartering troops in this province must be discussed at a different tribunal. The constitutional legality, the propriety, the ex- pediency of their appointment, are questions of state, not to be determined, or even agitated by us, in this court. It is enough for us, if the law takes notice of them when thus stationed, if it warrants their continuance, if it protects them in their quarters. They were sent here by that authority, which our laws know ; they were quartered here, as I take it, agreeably to an act of the British parliament; they were ordered here by your sovereign and mine. " Let me here take a method very common with another order of men. Let mc remind you of Avhat is not your duty. " Gentlemen, great pains have been taken by different men, with different views, to involve the character, the conduct, and reputation of the town of Boston, in the present issue. Boston and its inhabitants have no more to do with this cause, 51 than you, or any other members of the commu- nity. You are, therefore, by no means to blend two things, so essentially different, as the guilt, or iiinocencp, of this town and the prisoners together. The inhabitants of Boston, by no rules of law, justice, or common sense, can be supposed answerable, for the unjustifiable conduct of a tew individuals, hastily assembled in the streets. Every populous city, in like circumstances, would be liable to similar commotions, if not worse. No rational or honest man will form any worse opin- ion of this metropolis, for the transactions of that melancholy night. Who can, who will, unnecessarily interest themselves to justify the rude behaviour of a mixt and ungovernable mul- titude ? May I not appeal to you, and all who have heard this trial thus far, that things already wear a different aspect from what we have been heretofore taught to expect ? Had any one told you, some weeks ago, that the evidence on the crown- side would have appeared in the present light, would you have believed it ? Can any one think it his duty, to espouse the part acted by those assembled in King street ? I think not ; but lest my opinion should not have any weight, let me remind vou of an author, who, I could 52 wish, were in the hands of all of you ; one whom I trust you will credit. I am sure you ought to love and revere him. I Avish his sentiments were engraven in indelible characters on your hearts. You will not suspect him of being unfriendly to liberty ; if this cause and its events must be inter- woven with a matter so foreign to it. I allude to the third letter of the 'Farmer of Pennsylvania,' to his countrymen. " ' The cause of liberty,' says that great and good writer, ' is a cause of too much dignity to be sullied by turbulence and tumult ; it ought to be maintained in a manner suitable to her nature. Those who engage in it, should breathe a sedate, yet fervent spirit, animating them to actions of prudence, justice, modesty, bravery, humanity, and magnanimity.' What has there transpired on this trial, savouring of any of these virtues ? Was it justice, or humanity, to attack, insult, ridi- cule, and abuse a single sentinel on his post? Was it either modest, brave, or magnanimous, to rush up- on the points of fixed bayonets, and trifle, vapour, and provoke, at the very mouths of loaded mus- kets? It may be brutal rage, or wanton rashness, but not, surely, any true magnanimity. '*^' ' I hope,' says the same eminent writer, ' my 53 dear countrymen, that you will in every colony be upon your guard against tlwse, who at any time endeavour to stir you up, under pretence of patriotism, to any measures disrespectful to your sovereign, and our mother country.' By this it should seem, as though the ' Farmer' never expect- ed any period would arrive, when such measures would be warrantable. Now what more disre- spectful to our parent country, than to treat with contempt a body of men, stationed, most certainly, by the consent of her supreme legislature, the parliament of Britain ? What more disrespectful to our common sovereign, than to assume the sword of justice, and become the avengers of either public or private wrongs ? Though the soldiers who appeared in the earlier part of the evening, in Cornhill, acted like barbarians and savages, they had now retired, and were now confined in their barracks ; what though an im- pertinent boy had received unjustifiable correction from the sentinel ; the boy, and the persons in Cornhill, must have recourse only to the law for their redress. Courts of law are styled ' vindices injuriarum,' the avengers of injuries, and none others are to assume this prerogative. The law erects itself as the supreme, dernier resort, in all 54 complaints of wrong ; and nothing could more essentially sap our most important interests, than any countenance to such dangerous encroach- ments on the domains of municipal Justice. " But finally, to finish with the justly celebrated * Farmer.' — 'Hot, rash, disorderly proceedings in- jure the reputation of a people, as to wisdom, valour, and virtue, without procuring the least benefit.' Thus have you the sense of this great authority, with us. And let me ask all those, who have thought the cause of this country con- nected with the agents of the assembly in King street, whether the proceedings of that unhappy night were hot, rash, or disorderly ? If they were, have they not, in the opinion of this great friend of liberty, injured our reputation, as to wisdom, valour, and virtue ; and that too, without procuring the least benefit ? Who then would sacrifice his judgment, and his integrity, to vindicate such proceedings ? " To what purposes the soldiers were sent ; whether it was a step warranted by sound policy, or not, we shall not inquire ; we arc to consider the troops, not as the instruments for wresting our rights, but as fellow citizens, who being to be tried by a law, extending to every individual, 55 claim a part in its benefits, — its privileges, — ^^its mercy. We must steel ourselves against passions which contaminate the fountain of justice. We ought to recollect, that our present decisions will be scanned, perhaps through all Europe. We must not forget, that we ourselves will have a reflective hour, — an hour, in which we shall vievir thino;s throusfh a different medium, — when the pulse will no longer beat with the tumults of the day, — when the conscious pang of having betray- ed truth, justice, and integrity, shall bite like a serpent, and sting like an adder. " Consider, gentlemen, the danger which you, and all of us are in, of being led away by our affections and attachments. We have seen the blood of our fellow men flowing in the streets. We have been told that this blood was wrongfully shed. That is now the point in issue. But let it be borne deep upon our minds, that the prison- ers are to be condemned by the evidence here in court produced against them, and by nothing else. Matters heard or seen abroad, are to have no weight : in general they undermine the pillars of justice and truth. It has been our misfortune, that a system of evidence has appeared in the world against us. It is not our business to blame 56 any one for this. It is our misfortune, I say. It should be remembered, that we were not present to cross-examine ; and the danger which results from having this publication in the hands of those, who are to pass upon our lives, ought to be guarded against. We say we are innocent, by our plea, and are not to be denounced guilty by a new species of evidence, — unknown in the English system of criminal law. "But as though a series of ex parte evidence was not enough, all the colours of the canvass have been touched, in order to freshen the wounds, and by a transport of imagination, we are made present at the scene of action. The prints ex- hibited in our houses, have added wings to fancy, and in the fervour of our zeal, reason is in hazard of being lost. For as was elegantly expressed, by a learned gentleman at the late trial, * The passions of man, nay, his very imaginations are contagious.' The pomp of funeral, the horrors of death have been so delineated, as to give a spring to our ideas, and inspire a glow incompati- ble with sound deliberative judgment. In this situation every passion has been alternately pre- dominant. They have each in its turn, subsid- ed, in degree, and then have sometimes given 57 place to despondence, grief, and sorrow. How careful should we be, that we do not mistake the impressions of gloom and melancholy for the dic- tates of reason and truth. How careful, lest, borne away by a torrent of passion, we make shipwreck of conscience. " Perhaps you may be told, gentlemen, as I remember it was said, at the late trial, that pas- sions were like the flux and reflux of the sea, the highest tides always producing the lowest ebbs. But let it be noticed, that the tide, in our political ocean, has yet never turned ; cer- tainly the current has never set towards the op- posite quarter. However similes may illustrate, they never go for proof. Though I believe, that it will be found, that if the tide of resentment has not risen of late, it has been because it had reached the summit. In the same mode of phraseology, if so homely an expression may be used ; perhaps, as the seamen say, it has been high-water slack, — but I am satisfied the current has not yet altered its course, in favour of the prisoners at the bar. " Many things yet exist sufficient to keep alive the glow of indignation. I have aimed at secur- ing you against the catching flame; I have en- 58 deavoured to discharge my duty in this respect. What success will follow those endeavours, de- pends on you, gentlemen. If being told of your danger will not produce caution, nothing will. If you are determined in opinion, it is vain to say more ; but if you are zealous inquirers after truth, if you are willing to hear with impartiality, to examine and judge for yourselves, — enough has been said to apprize you of those avenues, at which the enemies of truth and justice are most likely to enter, and most easily to beset you. " Gentlemen of the Jury, " I shall now, for argument's sake only, take it for granted, that the fact of killhig had been proved upon all the prisoners : you are sensible this is not really true, for as to this point, there are several of the prisoners upon whom this fact is not fixed. But as I shall hereafter take occa- sion to consider the distinct case of each prisoner, as he is affected by the evidence, I at present choose to avoid confusion, and apply myself to the full strength of the crown ; and, upon a sup- position, that all the prisoners were answerable for the act of any one, see how the prisoners are chargeable, by the evidence already offered, with 59 the crime of murder : — or rather endeavour to point out to you those facts, appearing by the evidence on the crown side, which will amount, in law, to a justification, an excuse, or at least, an extenuation of their offence. For we say, that give the evidence for the king its full scope and force, and our offence is reduced, at least to manslaughter : in which case, we claim the priv- ilege of that law, by the sentence of which, if guilty, we must suffer the pains of death ; a privilege, we can never again claim, a privilege, that by no means implies exemption from all pun- ishment : the offender becomes liable to imprison- ment for a year, incurs a forfeiture of all goods and chattels, and, till he receives the judgment of law, is to all intents a felon, subject to all the disabilities and other incidents of a felon. Without taking up time, in attending and discussing points, no way pertinent to the present issue ; without a tedious recapitulation of circumstances with Avhich, 1 take it, we have no more concern, than ehher of you, gentlemen ; I say, passing over all these matters as foreign to this trial, let us state evidence ap- pearing even from the crown witnesses." 60 Mr Quincy then proceeded to examine the evi- dence for the crown, and afterwards adduced the witnesses for the prisoners. This examination, with his comments, occupied four days, when he concluded his argument for the prisoners, as follows. " May it please your Hononrs, and you, Gentlemen of the Jury. " I have now gone through those authorities in law, which I thought pertinent to this trial. I have spoken at so much length, not for the in- formation of the court, but to satisfy you, gentle- men, and all who may chance to hear me, of that law, which is well known to those of us, who are conversant in courts, but not so generally known, or attended to, by many, as it ought to be. A law which extends to each of us, as well as to any of the prisoners ; for it knows no distinction of persons. " The doctrines, which have been thus laid down, are for the safeguard of us all ; — doctrines which are founded in the wisdom and policy of ages ; which the greatest men who ever lived, have adopted and contended for. Nay, the matter has been carried by very wise men, much further than we have contended for. And that you may 61 not think the purport of the authorities read, are the rigid notions of a dry system, and the con- tracted decisions of municipal law, I beg leave to read you a passage from a very great theoretic writer, a man whose praises have resounded through all the known world, and probably will, through all ages ; whose sentiments are as free as air, and who has done as much for learning, liber- ty, and mankind, as any of the sons of men. I mean the sagacious Mr Locke. He will tell you, gentlemen, in his Essay on Government, p. 2, c. iii, ' That all manner of force, without right, puts man in a state of war with the ag- gressor : and of consequence, that, being in such a state of war, he may lawfully kill him, Avho puts him under this unnatural restraint.' According to this doctrine, we should have nothing to do, but inquire whether here was ' force without right ; ' if so, we were in such a state as rendered it lawful to kill the aggressor, who ' put us under so unnatural a restraint.' Few, I believe, will say, after hearing all this evidence, that we were under no unnatural restraint. But we do not wish to extend matters so far. Wc cite this au- thor to show the world, that the greatest friends 10 their country, to universal liberty, and the 62 immutable rights of all men, have held tenets, and advanced maxims favourable to the prisoners at the bar. And although we should not adopt the sentiments of Mr Locke, in their most extensive latitude, yet there seems to be something very analogous to this opinion, which is countenanced in our laws. " There is a spirit, which pervades the whole system of English jurisprudence, which inspires a freedom of thought, speech, and behaviour. Under a form of government like ours, it would be in vain to expect that pacific, timid, obsequious, and servile temper, so predominant in more des- potic governments. From our happy constitution then results its very natural effects, — an impa- tience of injuries, and a strong resentment of insults : — (and a very wise man has said, ' He who tamely beareth insults, inviteth injuries.') Hence, I take it, that attention to the ' feelings of humanity,' — to ' humanity and imperfection,' — ' the infirmities of flesh and blood,' — that attention to the ' indelible rights of mankind,' — that lenity to 'the passions of man,' — that 'benignity and condescension of the law,' — so often repeated in our books. And, indeed, if this were not the case, the genius of our civil constitution, and the spirit of our municipal law would be repugnant ; 63 that prime defect in any political system, — that grand solecism in state policy. *' Gentlemen of the Jury, " This cause has taken up much of your time, and is likely to take so much more, that I must hasten to a close : indeed I should not have troubled you thus long, but from a sense of duty to the prisoners ; they, who in some sense may be said to have put their lives in my hands ; they, whose situation was so peculiar, that we have necessarily taken up more time, than or- dinary cases require ; they, under all these cir- cumstances, placed a confidence, it was my duty not to disappoint ; and which I have aimed at discharging with fidelity. I trust, you, gentle- men, will do the like ; that you will examine, and judge with a becoming temper of mind ; remembering that they, who are under oath to declare the whole truth, think and act very differ- ently from bystanders, who, being under no ties of this kind, take a latitude, which is by no means admissible in a court of law. " I cannot close this cause better, than by de- siring you to consider well the genius and spirit of the law, which will be laid down, and to G4 govern yourselves by this great standard of truth. To some purposes, you may be said, gentlemen, to be ministers of justice ; and ' ministers, ' says a learned judge, ' appointed for the ends of public justice, should have written on their hearts the solemn engagements of his Majesty (at his coro- nation), to cause law, and justice, in mercy, to be executed in all his judgments. ' The quality of mercy is not strained ; It droppeth like the gentle rain from heaven — ■ It is twice blessed ; It blesses him that gives, and him that takes.' " I leave you, gentlemen, hoping you will be directed in your inquiry and judgment, to a right discharge of your duty. We shall all of us, gentlemen, have an hour of cool reflection, when the feelings and agitations of the day shall have subsided ; when we shall view things through a different and much juster medium. It is then, we all wish an absolving conscience. May you, gentlemen, now act such a part, as will hereafter insure it ; such a part as may occasion the prison- ers to rejoice. May the blessing of those, who were in jeopardy of life, come upon you, — may the blessing of him who is not faulty to die, de- scend and rest upon you and your posterity." 65 John Adams Esq. then closed the defence, in an argument admiiable for its learning, acuteness, and strength. The result of their exertions was the complete acquittal of six of the soldiers, and the conviction of the remaining two of the crime of manslaughter onljc Thus terminated, in a manner forever honoura- ble to the character of the American people, this most solemn and eventful trial. In other coun- tries, soldiers, who, in subduing popular tumults, have killed unarmed citizens, have been sacrificed at the instant, to the public indignation. Trial, in such cases, has been often only a mockery ; the sovereign himself having been compelled to yield his own instruments, as victims to appease the rage of the people. Even the walls of pris- ons have been no security against the vengeance of an excited multitude ; but amidst the most violent effervescence of the American revolution, respect for the ancient institutions of the country maintained, at all times, the ascendency of the judicial tribunal. Notwithstanding the metropolis of Massachusetts had witnessed five of its citi- zens publicly slaughtered in its streets by the mil- itary arm, and notwithstanding curses, "and execra- tions, and clamours for vengcahcfe were loud, and 66 deep, and almost universal, yet justice maintained the strength and integrity of her temple. The passions of the moment, restrained in her courts, waited patiently for her decision, and submitted to a judgment, in which neither the feelings nor the sentiments of the time acquiesced. The mul- titude was silent, though not satisfied, under the authority of the laws. These are triumphs of principle, worthy of record, both for the honour of the fact and the influence of the example. In the language of the subject of this memoir, for the result, — " this ■whole people have reason to rejoice." During the years 1771 and 1772, Mr Quincy was actively engaged in the labours of his pro- fession. He now entered upon an extensive field of business, which his singular powers of elo- quence opened for him, and which his unwearied diligence and fidelity secured. Although his pro- fessional occupations were of the most constant and engrossing character, he found time to em- ploy his pen in the cause of his country. Among his original manuscripts there still remain many essays published in the Gazette of this period. In one signed " Mentor," published February 11th, 1771, he laments " hearing so lit- 67 tie discourse relative to a decent, manly, and instructive commemoration of the melancholy tragedy of the 5th of March, 1770," and urges the discreet, as well as zealous friends of liber- ty and mankind to form a regular plan for that purpose, to the end that there may be an annual development of the " fatal effects of the pol- icy of standing armies, and the natural tendency of quartering regular troops in populous cities in time of peace." His labours in the papers of those years appear to have been incessant, and on various topics. His manuscripts, which remain, show that during these years he wrote, among oth- er essays, those under the signature of " Callis- thenes," " Tertius in nubibus," " Edward Sex- by," and " Marchmont Nedham," " Draught of instructions to the Boston representatives in May 1770," and a " Report of a Committee chosen by the Inhabitants of Petersham, in the county of Worcester, 4th of January 1773." These all breathe that bold, ardent, and vehement spirit, which characterized his life, speeches, and writ- tings. For the most part they relate to tempora- ry topics, and are directed to expose the character or to unmask the design of the British ministry, or their agents. An extract from the essay signed 68 " Cnllisthenes," published in Edes and GilPs Ga- zette, September 28th, 1772, on the subject of the grant of sahu'ies to the judges, from the crown, will show the current and temperature of his mind. " In your Gazette of the tenth of February last, I took occasion to deliver my sentiments on the imprisonment of Ebenezer Richardson. A truth, I there delivered, give me leave to repeat. * No tyranny so secure, — none so intolerable, — none so dangerous, — none so remediless, as that of Executive Courts.' " This is a truth all nations bear witness to, — all history confirms. So sensible are all tyrants of the importance of such courts, that to advance and establish their system of oppression, they never rest until they have completely corrupted, or bought, the judges of the land. I could easily show that the most deep laid and daring attacks upon the rights of a peo])le, might in some meas- ure be defeated, or evaded, by upright judicato- ries, — that bad laws, with good judges, make little^ progress. ' Let me make the judges,' said the pedant King James, ' I care not who makes the laws.' And this was very far from being 69 the worst speech of that vainglori^^us monarch. How would that silly tyrant have hugged hunself, in fancied bliss, if he had been gratified with making laws, judges, lawyers, sheriffs, &c. ; and with paying and displacing them at pleasure ! Could a Nero wish more ? The people then would iiave no more real life, than might be extinguished with one single stroke. " My countrymen, Great Britain, with legisla- tive solemnity, has told you, she can bind you and yours, by her laws, when the parliament please. The parliament have so bound, and are still so binding you. Who appoints, — who dis- places our judges, — we all know. But who pays them ? The last vessels from England tell us, — the judges, and the subalterns, have got salaries from Great Britian ! *' Is it possible this last movement should not rouse us, — and drive us — not to desperation — but to our duty ? " The blind may see, — the callous must feel, — the spirited will act." For the two last years, Mr Quincy's constitu- tion, naturally feeble, and susceptible to a very extraordinary degree, began to yield to the contin- 70 ued current of his professional and political occu- pations. It was his nature to eng;age, in whatever he undertook, with an earnest, indefatigable en- deavour, which absorbed his whole mind, and exhausted his entire strength. In the latter end of 1772, his complaints assumed a decided pulmo- nary character, and it became necessary for him, according to the opinion of his physician, to lay aside all cares, except those which had for their object his life and health. The following letter written by him to his father, about this time, is in reply to his parental inquiries on this subject. TO JOSIAH QUINCY ESQ., BRAINTREE. " Boston, Thursday, 2 o^clock. " Honoured Sir, " I thank you very sincerely for your solici- tude and good wishes. My fever the last two days and nights seems almost wholly to have left me ; my slumbers are sound and undisturbed, and the light of the morning finds me refreshed. I find my bodily health less impaired than I could expect. Indeed I have perceived of late no propensity to that fainting and languor, which the last year troubled me so much. Dr Warren thinks that my symptoms are favourable, and my 71 prospect of health (humanly speaking) certain. * * * * * * Thus much to gratify you, sir, with particulars, and to do it, has been as much my pleasure, as my duty. A little now to gratify myself. The science of giving advice is one of the most difficult of any ; yet both the male and female world think themselves adepts in it. But of the few who are any way skilled in this nice art, how few know the mode of application, and the time to administer. But of the empirics in this mystery, with which the world swarms, how few are truly solicitous about the real welfare of the pretended object. How many are actuated by the felicity they feel, from gratifying the pride of their own hearts ? This may not be any jus- tification of an obstinate mule, but it may serve as some palliation for the conduct of those who feel, and those who can see. There are those who have the gift of prophecy, and many who have the gift of tongues, but alas, how few have the gift of persuasion. " W^ith my best wishes for the family, and a grateful remembrance of your attachment and goodness to me, " I am your very affectionate son, " J. QUINCY JuN." 72 The encouragement thus given him by his physician, however, proved delusive, and in Feb- ruary ] 773, it was decided that his only hope of life depended upon an immediate change to a more southern climate. He accordingly on the eighth of that month took passage from Boston for Charleston, South Carolina, with the inten- tion of returning from thence by land, to Massa- chusetts. This journey, in the state of inter- course which then subsisted between the colonies, was considered in the 'light of a visit to foreign lands, concerning which it was becoming the ad- venturous traveller to bring home, for his own ben- efit, or for the instruction of others, whatever knowledge his rare opportunities permitted him to collect. His journal, although written under great disadvantages from ill health, and composed of sketches made necessarily in haste for the pur- pose of aiding his own recollections, rather than of being subservient to the information of others, contains many important facts and interesting anecdotes. It throws also a strong light upon the state of manners and political sentiment, which at that period existed among the colonies. Some of his particular observations, from the familiarity of our present intercourse, might ap- 73 pear trite and uninteresting, and will be omitted, as also will be, for the most part, all those partieu- ular strictures on the nattu'e and effect of that portion of the population of the southern col- onies, which was most likely to make the deepest impression on an inhabitant of the northern, and by which a stranger, of his turn .of mind, could not fail to be peculiarly affected. With these excep- tions the journal will be published entire. JOURNAL OF A VOYAGE TO SOUTH CAROLINA, &C. " The design of the ensuing Journal is, among other things, to gratify one, who has a right to a very large share of my thoughts and reflections, as well as to participate, as far as possible, in all my amusements and vicissitudes. To be a memo- rial of my thoughts as they rise, and to remain a future witness to myself of the changes of my own sentiments and opinions. " To record those kindnesses, and little civili- ties, which might otherwise imperceptibly fleet from the memory, but which ought nevertheless to be held in remembrance, till we shall em- brace an opportunity fully to return them. 10 74 " To those therefore, into whose hands this Journal, either before or after my death, may chance to fall, the foregoing considerations may serve as some excuse for those trifles, I foresee it will contain, and shall not strive to avoid. " JOSIAH QuiNCY JUN. ^'Boston, February Sth, 1773." " 1773. February 8th. Sailed in the Bristol Packet, John Skimmer commander, for South Carolina, with the design of taking the tour of the southern provinces for my health. The 'Nos patriae fines, et dulcia linquimus arva,' of Virgil was uppermost in my mind, and when 1 came in sight of my father's dwelling, ' Tu, Tityre, lentus in umbra,' seemed the sweetest harmony 1 ever carolled. * * * *' A more disagreeable time can hardly be con- ceived, than the season of my first days and nights. Exhausted to the last degree, I was too weak to rise, and in too exquisite pain to lie in bed. Unable to take any manner of food, I re- mained wholly confined to my state-room, till pain forced me to make one efibrt to get fresh air. Assisted by two people, I reached the foot of the companion stairs, but was not able to proceed 75 further. The fresh air, instead of refreshing, at first overcame me, and after several fainting turns, I was Carrie i back to bed. My sickness came on with redoubled violence, the night passed heavily away, and my cabin was so sultry and hot, that to rise or perish seemed the only alternative. I knocked for the watch upon deck, and with the assistance of two of them, was seated on a hen- coop, by the side of the binacle. Scenes alto- gether new and surprising presented themselves to my view. I had not been on deck, since pass- ing the light-house, and had never before been out of sight of land. The heavens were overcast with black and heavy clouds, with here and there a light, flying, wild cloud, interspersed. A hard northeast wind, the weather extremely close, — and distant flashes of lightning gleamed all around the horizon. The waves seemed to curl with flames, just sufficient to make the darkness visible ; and successive peals of distant thunder — all con- spired to make deep impressions and fit the mind for meditation. To know how all this affected me, a person must consider my weakness, my situation, and cast of mind. " What a transition have I made, and am still making ! was the exclamation of my heart. In- 76 stead of stable eartli, tlie fleeting waters, — the little hall of right and wrong is changed for the wide, expanding immeasurable ocean. Instead of petty jars and waspish disputations, waves con- tend with waves, and billow^s war with billows ; seas rise in wrath, and mountains combat heaven ; clouds engage with clouds, and lightnings dart their vengeful coruscations ; thunders roll, and oceans roar : — all ether flames, and distant shores, sea, air, and heaven reverberate the mighty war, and echo awful sounds. * The sky it seems would pour down livid flames, But that the sea, mounting to the welkin's cheek, Dashes the fire out.' Vast field for contemplation ! riches for mind and fancy ! astonishing monuments of wisdom ! mag- nificent productions of power ! The ingenuity, the adventurous spirit, the vast enterprise of man, next succeed to employ reflection. A little skifl', scarce a speck in this wide expanse, flew through the waves, and plycd this angry flood ; — braved the threatening dangers, this world of night and chaos. " While thus surprised and gratified, I rejoiced to think of my undertaking ; and was pleased with the hopes of being wiser and better for mj 77 eccentric motion. Suddenly the weather chang- ed, became doubly inclement, and cold, rain, and sleet threatened my health, if I remained longer upon deck. But to go, in my enfeebled state, to a hot cabin, was intolerable. Rain and cold appeared less dreadlul than heat and bad air. I sent for my cloak, which, with my surtout, was to fit me for a companion to the sailor at the helm till sunrise. The weather increased in badness ; I became fretful ; — 'twas death almost to retire to my cabin, — an exclamation escaped me, — I re- pined, I murmured, — I exclaimed again, — when (I shall never forget the sensation) the seaman at the helm carolled, with his marine pipe, ' How little do these landmen know, What we, jioor sailors, undergo ! ' " The best divine, moralist, or philosopher could not have devised a better cure for my spleen and vexation. Upon comparison, how little rea- son had I for complaint ! How much ground of gratitude to Heaven ! The honest tar continued his carols, and his notes were truly music to my ears, — * A concord of sweet sounds.' I was persuaded the fellow chanted his naval June to divert me, but whether he expected to do 78 it by the harmony of sounds and numbers, or by the sentiment of his song to alleviate my afflictions, in calling me to consider those of others, I doubt- ed. But it was wholly immaterial to me ; either way, I was equally obliged to him. My hand mechanically went to my pocket, but searched in vain for my purse. This was deposited in my sea-chest the day before I sailed. Luckily a small remnant of my last fee was in the lining of my pocket. — I threw it to the helmsman, who, in endeavourins; to catch it, struck it half through one of the scupper holes. It was now out of his reach ; he could not leave his helm to get it ; I could not rise from my seat without help, and no one was on deck but us two. The witty, care- less, good-humoured fellow looked a little cha- grined at first (for every roll of the sea threaten- ed its loss), but with great ease and indifference, turning upon his heel, he warbled with ineffable harmony, ' All ! why should we quarrel for riches, Or any such glittering toys ; ' &c. To know how this turn of the sailor was relished, to realize the pleasure it gave me, one must know every circumstance of my situation, and every feeling of my heart. * * * 79 " Days of heat, cold, wind, and rain now rolled on. Confined to my cabin almost wholly, I be- came pale, wan, and spiritless ; and, as I have since learned from my servant, every person on shi])board gave me over, and concluded I should never reach land. I was perfectly sensible of my danger, but by being carried upon deck, night and day, when it did not storm violently, my spirits re- vived, but my appetite never. My second week at sea was now passing, with only little incidents, perhaps no more worthy of recording, than those, which, for want of better materials, have en- gaged my idle time, and found a place in the pre- ceding pages. With us, came passenger, one Mr , late a purser on board his Majesty's twenty-gun ship of war, lying in Boston har- bour ; — a gentleman lately obli2;ed to ask leave to quit the service, for following the practices and examples of his superiors, which in them escaped with impunity. ' See little villains hung by great.' " Mr was one day uttering his com- plaints, when, among other things, an expression escaped him, remarkable as coming from one, who had been fifteen years in the crown service, and i'etaiued much of the peculiar sentiments and man- 80 ners of such an employ. He was speaking of the partiality of a court of inquiry, which had sat upon him, and the little reason to hope for justice in a court martial, with which he was threatened, unless he would ask leave to quit his birth. *' ' Good God ! ' cried he, * why do I com- plain? What reason had I to expect any thing better. A government that is arbitrary is always unjust. A tyranny in one, or more, is always cruel and u?irighteous.^ Such sentiments from him surprised me. I was impatient to know whether these reflections were founded in his heart, or were only the overflowings of spleen, disappointment, and revenge. For great is the sense of wrong, when oppression touches our- selves ; weak, weak indeed, when we are ex- empted from all apparent danger of a like mis- fortune. " Mr was a man of good natural pow- ers, considerably acquainted with essays and the belles-lettres, though not learned, or conversant with the severer studies. I took this opportunity to start the controversy between Great Britain and the colonics. I spoke of the conduct of both, of present measures, and of the prol^able conse- quences. I hoped hence to draw the general 81 opinions of his corps, and also, what must have frequently transpired in his company, for the hist seven years. ' Very true,' said he, ' Mr Quincy, we all know this. Great Britain has no right to tax you. The ministry know it as well as you, but money must be had somewhere. Every thing is strained to the utmost at home. The people of England see as well as you, that North America must one day be independent, and it is her interest, and most certainly that of the present administration, to prevent this, as much as possible ; and they will prevent it, for a much longer time than you imagine. For you can't contend with the power of Britain, whose navy conquers the world ; and your first men are all bought off, and will be more and more so, in proportion as the ministry are wise and well in- formed. Who can blame them for it ? They are hi the right of it to do it, and you are in the right of it, to make opposition ; but all will not do ; you must submit for a great while yet to come. Why, all the world are slaves, and North America can- not hope to be free. ' " A train of conversation of this kind, pleased and exasperated. I reasoned, spoke of facts, of history, of human nature, of glorious sacrifices — 11 82 till from inveighing, I almost stormed. The agi- tation did my health good, if nothing more ; for I wanted my blood to circulate. Upon my telling him, that the present steps of the British govern- ment were to the last degree iniquitous, repugnant to the first notions of right and wrong, — ' Oh, Mr Quincy,' he replied, ' what do you tell of that for ? there can be no government without fraud and in- justice. All government is founded in corruption. The British government is so. There is no doing without it in state affairs.' This was a clencher. ' Well, I hope, Mr , you will never more complain of arbitrary proceedings, and wrong, and cruelty, seeing such is the government you have served, and are now raging to be employed by.' ' Yes, yes, when it touches one^s self, we have a right to complain. Was any one ever served as I have been ? Admiral has himself, to my knowledge, done ten times as bad, and yet the scoundrel persecuted me with unrelenting, brutal cruelty.' Here I let matters drop, making only a few natural reflections on the character of man. * * * * In the course of this time I had a good opportunity of discovering the great corrup- tion of administration, and the gross frauds of the servants of the crown. Mr frequently 83 owned to me, that his salary and birth were only worth £45 sterling a year, but that the year be- fore last he made £300, and the last six months, at the rate of £400 sterling a year. And this will not seem at all incredible to those who are informed of the ways and means of doing it, and the sharers and connivers at it, " February 21, 1773. This morning we were within thirty leagues of our port, which We should hav'e probably reached the preceding day, had we not been becalmed twenty-four hours. At about seven o'clock, A. M. a black cloud hung over the northeastern part of the horizon, and at ten, the winds rose extremely high, at N. N. E. Before night, the Avind blew a hurricane. Every thing threatened a terrible tempest. We were in the lati- tude of the Bermudas ; a latitude remarkable for storms and whirlwinds. The hurry, noise, and con- fusion of preparing for the storm, was astonishing to one, never in a like situation. Rain, hail, snow, and sleet descended with great violence, and the winds and waves rajred all niirlit. About four in the morning Captain Skimmer called to me, saying, ' Mr Quincy, come and see here : you may now say you have seen a storm at sea. I never saw so dismal a time in my life.' The scene beggars 84 all description. As the clay advanced, at times light openings in the clouds gave a view of the horrors all around us ; such apertures were ever attended by a tenfold gust of wind. The waves rose in mountains on each side, and we were alter- nately elevated to the clouds, and sunk in the deep. I frequently saw the yards plunged in the waves, and was often sent by force of the mo- tion, across the cabin. I used to keep myself in bed, by throwing my left arm over my right shoulder, and then twisting a cord, fastened to the side of the vessel, round my wrist ; I thus pre- vented my being pitched out of bed. It was so dark, by reason of thick fogs, that at mid-day you could not see the end of the bowsprit, and often scarce discern the yards. The exhalations from the water resembled, in density, and much in smell, the vapour from a burning lime kiln. In short, horror was all around us. Our Captain had been thirty years a seaman ; Mr had been on all the coasts of Europe and America ; and the mariners had, one or other of them, visit- ed most parts of the ocean, but none of them had seen so terrible a time. Seas struck us repeatedly, with terrible concussions, and all seemed to ex- pect instant death. In this manner day succeeded 85 day, and night closed upon night ; here a gleam of hope, and then anon a bitter disappointment. In vain did we look for change ; tempest and whirlwinds seemed to have attained stability. ' In every place ' Flamed amazement. Not a soul ' But felt a fever of the mind.' " On Wednesday night (February 24th), the rain much abated, but the clouds did not disperse, nor the winds lull. I put my head out of the companion-door, in order to take a view, and could not help repeating those beautiful lines of our poet : ' Unmuffle, ye faint stars ; and thou, fair Moon, That wont'st to love the traveller's benison. Stoop thy pale visage through an amber cloud, And disinherit Chaos, that reigns here.' " February 25th. On Thursday things re- mained much as they were ; towards night the clouds were dispelled, stars were here and there to be seen, and every thing seemed to promise better times ; but our hope was ' as the morning cloud, and evening dew.' Before daylight, seas, w iiids, snow and rain, raged more than ever. All matters had, previous to this, been disposed to encounter the worst. Every thing was either 86 lashed upon deck, or removed from it. Axes had been delivered out, and all was prepared for cutting away the masts ; which we expected to be obli- ged to do, every minute. We had long lain under bare poles, except what is called a balanced mainsail, to keep her head to the winds and seas as far as possible. All now retired to the steer- age or cabin ; none remained upon deck. We drew towards the shore with incredible swiftness, considering we carried no sail. Seas broke over us often ; now and then one woidd strike with enormous force. The whole of this night (after eight o'clock), I believe every soul on board expected to perish. We were now in that lati- tude, in which the remains of my elder brother were deposited in the ocean, and probably very near the spot where the ship, with Mr John Apthorp and lady on board, foundered. It was impossible at this season to exclude this from remembrance. The mind dwelt upon it. Es- pecially, as in case of our loss, there would have been a like ignorance of our fate, and length of expectation of friends, as in the unhappy case of Mr Apthorp and his lady. To consider, to ruminate, to waver, to despond, to hope, and ponder anew, was natural to tlie scene. 87 ' A thousand fantasies Begin to throng into the memory, Of calling shapes, and beckoning shadows dire, And aery tongues, that syllable men's names On sands, and shores, and desert wildernesses.' " Providence now gratified a frequent desire of my heart, — that I might be in a situation, so circumstanced, as to be fully convinced of a speedy departure to that ' bourn,' from which 'no traveller returns ;' — that I might have the exer- cise of my understanding, — time to examine my heart, — to reflect upon the past, — look forward to the future, — weigh and consider whether I leaned upon ' the pillared firmament,' — or ' rot- tenness.' " To notice the operations of the mind, and observe the emotions of the spirits at such seasons, is certainly a duty, and a very profitable employ. The justness of our sentiments, opinions, and judgments concerning all subjects, is here brought to the test ; and the propriety, right, and equity of our past lives, must stand an audit. We hence are powerfully taught, what is folly, what wis- dom, — what right, and what wrong ; — the duties we have omitted, and those we have performed ; — a reflection upon the one is pungent, a review of the other exquisitely joyous. 88 *' Experience gives weight and energy to what before was fluctuating and feeble. "I had often in past life expressed my creed, that every man died a hater of tyrants, an abhor- rer of oppression, a lover of his country, and a friend to mankind. My conviction upon this head now received confirmation. I hope I shall never forget the resolutions I then formed, the sentiments I then entertained. I make this min- ute I am now writing, as a memorial of the past, and a memento for the future ; to aid me in engraving them on the tablet of my heart. At the making of this minute I have not yet reached the land ; the da}^ is more cheerful, but dangers not at an end. I pray God to seal instruction at this instant ; — that every thought and sentiment which is just and true, — that every resolution which is good and noble, may not be shipwrecked in the future whirl or tempest of tumultuous passions, — become the fleetings of a bird of passage, — ' the baseless fabrick of a vision,' — but stable as the 'pillared firmament,' and influential as the mid- day sun. " February 26th. Upwards of an hundred hours had now passed without sight of the sun ; the wind had set almost wholly from N. N. E. ; 89 the gulf-stream (said to run along the Carolina shore upwards of five knots an hour) directly opposite. All of a sudden the water chanjied colour ; we threw the lead and found soundings ; — the terror and confusion on shipboard was now great indeed. Whether the land was off the bar of Carolina, Roman shoals, or the Bahama sands, was altogether uncertain to every person on board. New dangers now stared us in the face. Neces- sity compelled us to venture upon deck, and to hoist a reefed fore-sail ; for the wind set violently on the shore. At this time it was about eight in the morning. In the afternoon the clouds seemed again to scatter, and though we flattered ourselves less than before, yet the signs of better w-eather worked forcibly on our hopes. At night how- ever, new clouds arose, with redoubled heaviness and blackness, and our captain said he believed we should have a harder time than ever. The winds changed almost every minute, and what is very extraordinary considering their violence, these variations were to directly opposite points of compass. We had the greatest reason to fear the consequence ; but the rain falling in incredible floods imperceptibly allayed the seas, and assuag- ed the storm. 12 90 "After a very trying night to those sailors who kept the deck, the morning broke with signs of fair weather. At twelve o'clock (February 27th), we had a tolerably good observation, and found ourselves to the southward of our port. Our crew were spent, pale, and spiritless. The pleas- ures of a returning sun are not to be conceived but by those who have been in like jeopardies and trials. " We had once during the storm discovered a ship near us ; we now again saw her. Each made a signal to speak together, and each bearing down upon the other, we met just at twelve o'clock. It proved to be a ship from St Croix. She had scarce a rag of sail standing ; most of her running rigging gone ; her hands alternately at the pump. She looked distressfully enough. " Each one on board our brig began now to compare our own case with that of our fellow voyager, who appeared bound to the same port with us ; — all were moralizing on the scene ; — for we had comparatively suffered no such dam- age in the storm. Extreme precaution, Avatchful- ness, and steadiness in our master, great activity and courage in our crew, all knowing and willing to do their duty : with extremely fine 91 sails, rigging, &c., had saved us from much injury, which we should otherwise certainly have suffered. The captain of the ship told us that he had been a seaman twenty-one years, and never had seen ' such a time in his days.' No person on board our vessel had ever been to Carolina, which occasioned our captain to ask the master of the ship, whether he had ever been the like voyage be- fore ; to which he answered, ' Yes, about twenty- one years ago.' On our replying that we had never been there, the hearty fellow commanding the ship cheerfully said, — ' Give us this sun, and this breeze, and we '11 soon be better acquainted with the way.' I could not help being surprized with this sort of ease and jollity, immediately after such hair-breadth 'scapes, and in such a shattered condition. Our crew were mightily pleased with his courage, — and a horse laugh, ' brave fellow,' &c. re-echoed through our bark. *' This interview, also, was one of those we must experience, before we can form a true idea of its pleasure. It was far beyond what a mere landsman would suppose. We soon outsailed the ship, but before we had gone far, our captain on a sudden seemed very angry with himself. No one knew the cause of his agitation, when he ordered 92 the peak of the mainsail dropped, and to bear down again on the ship ; which being done, we all waited to know the cause of it. Every coun- tenance seemed to express wonder, at what it could mean, and the hurry of executing the orders of the master prevented us from asking questions. While we were thus waiting with ex- pectation, the speaking trumpet resounded, ' Do you want any thing that I have got ; — provisions, water, canvass, or rigging ? ' What were the sensations of my heart at this question ? and how were my spirits moved, when the hoarse reply was ; — ' No, no, plenty, plenty here yet, thank God ! Who is the commander of that brig ? ' 'John Skimmer.' ' God send you well in ! ' " This scene almost overcame me, for I was weak and feeble. Here was a most beautiful assemblage of sympathies and virtues, and my mind was so softened by disease and misfortune, that it was well fitted to feel the energy of such an union. Humanity and benevolence, gratitude and thankfulness, were shown reciprocally in the offer and return, and vied in lustre ; — a similitude of calamity had inspired friendship and charity. It has been said, that ' necessity is the mother of invention,' — may we not also say, that misfor- tune is the parent of virtue ? 93 ' What sorrow is, thou bid'st us know, And from our own, we learn to melt at others' woe.' " February 28th. We now were off Charles- ton Bar, and the wind being in our teeth, we were the whole day beating up. Just before sunset we passed the fort. Charleston appeared situated between two large, spacious rivers. The number of shipping far surpassed any thing I had ever seen in Boston. On landing on Sunday evening, the town struck me very agreeably ; the number of inhabitants, and the appearance of the buildings far exceeded my expectations." * * * The following letter of this date is found among Mr Quincy's papers. TO MRS QUINCY, BOSTON. Charleston, S. C. March 1, 1773. The first emotion of my heart is gratitude to Heaven ; — the second, love to my friend nearer than a brother. How much we owe to God, can only be known by reflection on the imminent dan- gers, from which I have been delivered, A voyage more disagreeable, dangerous, and terrible, perhaps was never passed, than that which landed me upon this distant shore. ****** 94 * * * * I omit lesser hardships, disappoint- ments, and afflictions. I cannot say that I was ever well at sea, although I was not always very ill. What cause have we for thankfulness. I had not the least expectation of ever seeing you, or my dear boy, again ; I was fully convinced that we must perish. Heaven has gratified a frequent desire of my heart, — that I might once see death before my eyes, as if striking his dart ; — that I might know, if possible, the stability of what I lean on ; — whether ' the pillared firma- ment,' or ' rottenness.' How often did I rejoice that ignorance freed my first and best friends from pain on my account ; and that long expectation of hearing from me, would lessen the weight of what length of time must convince them of. How often did I feel the pang of separation, and look forward to that ' bourn,' from whence ' no traveller returns.' How frequently clasp my dear boy, and view him in a wide, corrupt world ; — destitute of the instruction, vigilance, care, and protection of a father. " You will doubtless wish to know what real damage our vessel sustained, and when I tell you but a very trifle to her rigging, you may be sur- prised. But the wonder will cease when I in- 95 form you, that our brig was remarkably well found : new sails, rigging, and in very fine order, active and good seamen, and a most incompara- ble commander. Such precaution before dan- ger, such vigilance, activity, and firmness in it, were truly astonishing ; we passengers almost idolized him. But before the storm was over, all were nearly beat out, — master and mariners, as good as ever stepped between stem and stern of a ship. But I must have done. Last evenin^^' at x dusk I landed here, in better health than could be expected, especially when you are told, that the wet of the cabin, and dampness of my bed, were so great, that the one was flowing, and the other might have been wrung. This town makes a most beautiful appearance as you come up to it, and in many respects a magnificent one. Al- though I have not beeu here twenty hours, I have traversed the most populous parts of it. I can only say in general, that hi grandeur, splendour of buildings, decorations, equipages, numbers, commerce, shipping, and indeed in almost every thing, it far surpasses all I ever saw, or ever expected to see in America. Of their manners, literature, understanding, spirit of true liberty, policy and government, I can form no adequate 96 judgment. All seems at present to be trade, riches, magnificence, and great state in every thing ; much gaiety, and dissipation. * "^ * vns" There are such a multitude of ghosts and shadows here, that I make not so bad a figure on comparison. I shall give you an account of my health, when I can with certainty ; every thing looks favourable at present that way." * * * JOURNAL CONTINUED. "February 28th, 1773. On landing on Sun- day evening I proceeded to the coffee-house, where was a great resort of company, busy and noisy. I here met with Mr Lavinus Clarkson, to whom I had letters, who much befriended me in getting lodgings, which we were put to great difficulty to obtain. By ten o'clock, however, we procured one near the statehouse, and this night I had the most refreshing slumber I ever enjoyed. In the morning the same gentleman politely attended me to introduce me to those to whom I had letters of recommendation. "March 1st. This and the next day, I spent in traversing the town and viewing the public buildings and the most elegant mansion houses. 97 " March 2d. This day I was visited by several gentlemen, to whom yesterday I had delivered letters. Received a ticket from David Deis Esq. for the St Cecilia concert, and now quit my journal to go. March 3d. The concert-house is a lar2;e, inele- gant building, situated down a yard, at the en- trance of wiiich I was met by a constable, with his staff. I offered him my ticket, which was subscribed by the name of the person giving it, and directing admission of me by name. The of- ficer told me to proceed. I did, and was next met by a white waiter, who directed me to a third, to whom I delivered my ticket, and was conduct- ed in. The music was good, — the two base viols and French horns were grand. One Abercrombie, a Frenchman just arrived, played the first violin, and a solo incomparably better than any one I ever heard. He cannot speak a word of English, and has a salary of five hundred guineas a year from the St Cecilia Society. There were up- wards of two hundred and fifty ladies present, and it was called no great number. In lofti- ness of headdress, these ladies stoop to the daughters of the north, — in richness of dress, sur- pass them, — in health and floridity of countenance. 13 98 vail to them. In taciturnity during the perform- ances, greatly before our ladies ; in noise and flirta- tion after the music is over, pretty much on a par. If our ladies have any advantage, it is in white and red, vivacity and spirit. The gentlemen many of them dressed with richness and elegance, uncommon with us : many with swords on. We had two macaronis present, just arrived from London. This character I found real, and not fictitious. ' See the macaroni ! ' was a common phrase in the hall. One may be styled the bag, the other the queue macaroni. Mr Deis was very polite, and introduced me to most of the first characters : — among the rest to Lord Charles G. Montague, the Governor, who was to sail next day for London, — to the chief justice and two of the assistant judges, and several of the council. Spent this day, March 3d, in viewing horses, rid- ing over the town, and into the vicinity, and re- ceiving formal compliments. " March 4th, Thursday. Dined with David Deis Esq. with four other gentlemen, — good wines, and festivity. The first toast, ' The King;' the second, a lady ; the third, ' Our friends at Boston, and your (meaning my) fireside.' The master of the feast then called to the gentleman on 99 his right hand for a lady. This was done to every one at table, except the ladies, who were called on for a gentleman, and gave one with ease. No compulsion in drinking, except that a bumper was called for at the third toast. Politics an un- interesting topic. March 5th, Friday. Dined at a very elegantly disposed, and plentiful table at the house of John Mathews Esq. in company with the chief justice of St Augustine, and several other gentlemen. No political conversation. March Gth. This day was to have been spent witli T. L. Smith Esq. at his country scat. Bad weather prevented, and I took what is called a family dinner with him in town. Before dinner a short account of the late disputes with the Governor, Lord Charles G. Montague, and the state of matters at present. No politics after dinner. " Sunday, March 7th. Went to St Philip's church — very few present, though the first part of the day is the most full. A young clergy- man read prayers, with the most gay, indif- ferent, and gallant air imaginable. A very ele- gant piece of modern declamatory composition was delivered by another clergyman by way of 100 sermon from these words in Job: — ' Acquaint now thjseir with God : that good may come of it.' Having heard a young church clergyman very coxcomically advance a few days before, that no sermon ought to exceed twenty-five minutes, I had the curiosity to see by my watch, whether our clerical instructer was of tlie same sentiments, and found that he shortened the space above seven minutes and a half. This divine, after showing that avocations, business, &c. precluded a certain species of acquaintance with God, very sagely said, * I come now to show that there is a cer- tain allowable acquaintance with God.' Qu. What kind of acquaintance can the creature have with the Creator which is not allowable ? This church is the most decorated within, though not the most splendid without, of any in the place. I find that in the several places of public worship which I have visited, a much greater taste for marble monuments prevails here, than with us to the northward. A majority of both sexes at pub- lic assemblies appear in mourning, and I have been told, that mourning apparel at funerals is greatly in fashion. " March,. {Jth., Dined with a large company at Miles Brevvton's Esq. a gentleman of very large 101 fortune, — a most superb hoiise, saT^ fo have cost hiin 8000£. sterling. Politics started before din- ner: a hot, sensible, flaming tory, one Mr , a native of Britain, advanced, that ' Great Britain had better be without any of the colonies : that she committed a most capital political blunder in not ceding Canada to France : that all the northern colonies to the colony of New York, and even New York also, were now ^^'orking the bane of Great Britain : that Great Britain would do wisely to renounce the colonies to the north, and leave them a prey to their continental neighbours, or foreign powers : that none of the political writings or conduct of the colonies would bear any examination but Virginia, and none could lay any claim to encomium but that prov- ince:' — strongly urged, 'that the Massachusetts were aiming at sovereignty over the other prov- inces, that they now took the lead, were assum- ing, dictatorial," &c. &c. ' You may depend up- on it,' added he, ' that if Great Britain should renounce the sovereignty of this continent, or if the colonies shake themselves clear of her au- thority, that you all (meaning the Carolinas and the other provinces) will have governors sfen't you from Boston- Boston aims at nothing less than 102 the sovereignty of this whole continent — I know it.' It was easy to see the drift of this discourse. I remarked that all this was new to me; that if it was true, it was a great and good ground of distrust and disunion between the colonies ; that I could not say what the other provinces had in view, or thought, but I was sure that the in- habitants of Massachusetts paid a very great re- spect to all the sister provinces ; that she revered almost, the leaders in Virginia, and much respect- ed those of Carolina. Mr replied, ' When it comes to the test, Boston will give the other provinces the shell, and the shadow, and keep the substance. Take away the power and superin- tendence of Britain, and the colonies must submit to the next power. Boston would soon have that. Power rules all things; they miglit allow the others a paltry representation, but that would be all.' The company seemed attentive, and in- credulous, — were taking sides, when the call of dinner turned the subject of attention. seemed well bred and learned, but very warm and irascible. From his singular looks and beha- viour, I suspected he knew my political path. A most elegant table, three courses, &c. &c. 103 At Mr Brewton's side-board was very magnifi- ceiit plate. A very fine bird kept familiarly playing about the room, under our chairs and the table, picking up the crumbs, and perching on the window and side-board. " March 8th. Received complimentary visits from Charles Cotesworth Pinckney Esq., Messrs Bee, Parsons, Simpson, Scott, — all gentlemen of the bar. I was much entertained with Mr Pinck- ney 's conversation, who appeared a man of bril- liant natural powers, and improved by a British education at the Temple. This gentleman pre- sented me with the only digest of the laws of the province, made some years since by Mr Simpson, late Attorney General (in the absence of Sir Eagerton Leigh). This present was the more acceptable, as there is no collection of the laws of this province in a book, to be had. " March 9th. Spent all the morning in view- ing the public library, state-house, public offices, &c. Was accompanied bj^ Messrs Pinckney and Rutledge, two young gentlemen lately from the Temple, where they took the degree of Barris- ter at law. The public library is a handsome, square, spacious room, containing a large collec- tion of very valuable books, prints, globes, &c. 104 I received much information and entertainment from the above gentlemen. Mr in- formed me of an anecdote to which he was personally knowing, which I desired him several times to repeat, that I might be the better able to relate it. He said, that two gentlemen playing at a tavern, one of them gave the pretender's health, the other refused to drink it : upon which he who gave the toast threw his glass of wine in the refuser's face. For this an action of trespass was brought, and Sir Fletcher Norton closed the cause in behalf of the plaintiff, before Lord Mansfield, at Nisi prius. His lordship, in sum-'i ming up the case, told the jury it was a most'^ trifling affair, that the action ought never to have''^ been brought, and they ought to find the offender not guilty. Sir Fletcher, after his lordship had sat down, rose immediately in some heat, and ^^ asked his lordship, ' if he did not intend to say any thing more to the jury.' Lord Mansfield.* ' No, Sir Fletcher, I did not.' Sir Fletcher. ' I pray to be heard then, and I do publicly aver it to be law, that if one man throws wine out of a glass at another in anger, it is an assault and battery ; this I declare for law, and I do here pawn my reputation as a lawyer upon it.' Lord 105 Mansfield. ' Poo, poo, poo ! Sir Fletcher, it is a most trifling affair.' Sir Fletcher. ' Poo, poo, poo, my lord ! I don't intend to be poo, poo, poo'd out of it neither. 1 renew my declaration, and afiirm it to be law ; and if the jury don't hear law from the court, they shall from the bar. I afiirm again, that it is an assault and battery.' *' Here Sir Fletcher sat down and spoke so loud as that the whole court, bar, and jury heard him ; — ' He had as good retract his opinion now, as do it another time.' Meaning on a motion for a new trial, for mis-direction of the judge on a point of law. Lord Mansfield did not think fit to take any notice of all this. Compare this with some manoeuvres of the little gods at the north. :*.* March 10th. Dined with Thomas Smith Esq. with several gentlemen and ladies. Excel- lent wines and no politics. Spent the evening at the assembly. Bad music, good dancing, and elegantly disposed supper, i., < ,i „] .(f>ii uo "March 11th. Dined with Roger Smith Esq. — good deal of company — elegant table ; — one cloth removed, a handsome dessert, good wines, and much festivity. The ladies were called on for toasts. 14 106 "In company were two of the late appointed assistant justices from Great Britain. Their be- haviour by no means abated my zeal agauist British appointments. In company dined Thomas Bee Esq., a planter of considerable opulence, a gentleman of good sense, improvement, and politeness. From Mr I received assurance of the truth of what I had before heard, that a few years ago, the assistant judges of the Su- preme Court of the province, being natives, men of abilities, fortune, and good fame, an act of assembly passed, to settle £300 sterling a year upon them, whenever the king should grant them commissions, quam din se bene gesserint. The act being sent home for concurrence, was disr allowed, and the reason assigned was the above clause. 1 am promised by Mr a transcript of the reasons of disallowance, with the Attorney and Solicitor General's opinions relative to the a,ct. Upon this, the assembly passed an act, to establish the like salary, payable out of any monies that shall be in the treasury: — not re- strictipg it to any alteration in the tenure of their commission. , r .r-^ , " Mark the sequel. No assistant judges had ever before been nominated in England. Imme- 107 diatoly upon the king's approving this last act, Lord Hillsborough, in his zeal for American good, forthwith sends over one chief justice, an Irish- man, and two assistant justices ; the one a Scotchman, and the other a Welshman. How long will the simple love their simplicity ? and ye, who assume the guileful name, the venerable pretext of friends to government, how long will ye deceive and be deceived ? Surely in a politi- cal sense, the Americans ' are lighted the way to study wisdom.' " 1 have conversed with upwards of one half the members of the general assembly, and many other ranks of men on this matter. They see their error and confess it ; — they own it a rash,' imprudent, hasty step, and bitterly repent "ii^.'^^^ii' committee of the house have ranked it in th'^it list of grievances. The only solamert is,*^^^ ti is done, we w ill take care never' to do thfe hkb again;' — the only apology i^, tliat the assistant judges of the province were unw'illihg' i6 Tiave circuit courts, without a fixed salary ; the remote parts of the province complained of being obliged to attend all causes at Charleston ; they' had great reason of complaint. The regulators of this province wfeYe Wp,''as'ivMf as' t¥6se of North 108 Carolina. .Sncli was the influence of some, that upon the disallowance of the first act, no act for creating circuit courts could be got through, till the salaries were fixed. May Heaven forgive, but the people never forget them. Think you that they who eyed the fleece, have got it ? — No ! as in like cases, American fools, thirsting for honours and riches — beat the bush ; — British harpies seize the poor bird. " March 12th. Dined with Thomas Lynch Esq.,* a very sensible, honest man. Spent the evening with the Friday-night club, consisting of the more elderly, substantial gentlemen. About twenty or thirty in company. Conversation on uegroes, rice, and the necessity of British regular troops being quartered in Charleston. There were not wanting men of fortune, sense, and at- tachment to their country, who were zealous for the establishing such troops here. I took some share in the conversation, and cannot but hope I spoke conviction to some sensible minds. At the close of the evening, plans were agitated for making a certain part of the inilitia of the * See au interesting account of this centleman in the life oi his son, Thomas Lynch Jr, in ihe Biography of the Sign- ers of the Declaration of Independence. 109 province, taken in rotation, answer instead of foreign aid. I here learned in a side conversation with Mr , that two of the late assist- ant judges (gentlemen now in high and popular repute, men too of great opulence), who were in the general assembly at the time of the act men- tioned some pages back, were the very means of getting it passed. ,j^ud -)nJ tKjd- ' Quid non mortalia pectora cogis, ■ Auri sacra fames j'lii'.j That they, hoping to enjoy the emoluments of the grant, were hot, zealous, and perpetually per- severing, till they got it through. He informed me also of the specious arguments they used, and the advantages, that they took of the popular commotions. Good heavens, how much more noble a part might they have taken ! " March 13th. Spent all the morning trans- cribing Mr E. Rutledge's MS. law reports ; — at eleven set off for the retreat of T. L. Smith Esq. ; — dined there, and spent the remainder of the day most agreeably : — a delightful place in- deed. ! fifrr jiiiMt-i; "March 14th. Bad weather. Spent the day at my lodgings ; visited by Mr Lynch, Deis, and others. 110 i- " March ] 5th. Dined with Mr Lynch. — Spent the morning and afternoon in transcribing law re- ports of E. Rutledge Esq. — Spent the evening with the Monday-night club. earing against you, but the fear of that most formidable tyranny which the ruling part of tjiis town, have so long, by having the conuuand of an heated populace, exercised over it. Upon the appcarancei^of , ^ly power that Avill be sufficient to emancipate them 15^ from this tenible hydra, yon will find that spirit which now vents itself irt secret curses, break out irit^' open violence. I can hear you in almost all company I go into, styled villains, scoundrels, rascals ; and many wish that the vengeance of gdverriment had been pointed at the authors of all our misery,— meaning your particular junto, where, it is said, it ought to have fallen,— and not upon the whole community, a large portion of whom are mnocent. ' "' '^ "Let me conjure you to weigh well what I have offered to your consideration, and believe me to be ^t«^ i^^ '■^' ""'^ ^'' Diiami ,\m Ik ni <' Your Wellwisher." ^-'Tfie reply of Mr Quincy to the preceding anonymous letter was published in the Massa- chusetts Okzette, No. 3685. r: JiiiiUOl'ff 06 «'/!) •'•■^ ;'.■:.' ^0119 .fI£a8B88fc JIB to bopf? '"U 'aimjmmo3 ,, ^^^^^^^^ ^^^^^ ^774. ^lolouibda bfiB fimiin ivdfU In'i <