if designed rather for a pastime, than for fame. He was no orator, and yet his power of instructing and carrying a point by means of some striking apologue, was almost irresistible. He cannot rank high as a constitutional statesman, since he was in favour of the most radical and fatal error in a constitution, that of making a legislature to consist of one body. His theoretical deficiencies in religion may obtain forgiveness, through the number and extent of his beneficent efforts. His wit, his indulgent humour, and his intuitive discernment, made him the delight of society. His industry, his moderation, his love of peace and his public spirit, established his merits as a citizen. His writings will ever preserve his name with his countrymen, while his discoveries will make its fame no less sure in the annals of philosophy. His connexion with the American revolution will place his statue in the temple of universal memory: but his most lasting claims to the gratitude of mankind, were his powerful efforts against war, oppression and inhumanity of every species. He was in truth, a real philanthropist; and his views tended to promote the welfare of his race, under all governments, and in every clime.

Chapter XXT.

Governor Hutchinson's me sages in favour of Parliamentary supremacy-Answers of the Legislature-Arrival of the Tea-Proceedings of the Inhabitants of Boston-Destruction of the Tea.

THE dispute between the Governor and the legislature, respecting the place where they should assemble, continued through 1771, and a part of the first session in June, 1772. On the 16th of that month, the Governor adjourned the court to meet at their regular place in Boston. One motive for doing so, was probably, to remove a part of their dissatisfaction; that they might receive in a better humour the information, which he communicated to them at the same time; that in future, his salary would be paid by the crown, and not by the vote of the colony. This essential violation of the charter produced a long series of resolutions, protesting against the measure. It was followed in a few months, by an act in the same spirit, for paying the salaries of the judges by the crown; which was resisted, by declaring any judge, who should accept of such compensation, to be an enemy to the constitution, and seeking to introduce arbitrary governmenť. These acts were part of that course of surreptitious measures, by which the ministry sought to undermine and destroy the charter of this, and some other provinces which system of innovation and disorder,

they afterwards consummated by measures of violence and cruelty.

open

Though Otis was not a member of the legislature after 1771, and the motive for giving a sketch of legislative proceedings connected with him has ceased, yet there was one occurrence in 1773, that was of too much consequence to be passed over without at least a slight notice, as it furnishes materials of the highest value and interest to the historian, and to every civilian who wishes to investigate the original relations of the English and colonial governments.

At the winter session in 1773, Governor Hutchinson in his speech to the legislature, began by observing, that he had nothing in special command from his majesty to communicate to them, but as it was his general duty to recommend peace and order, and as the country was in a very disturbed state, he thought he could point out the cause of it, and if he could make this appear clearly to them, he had no doubt, that they would unite with him in endeavouring to remove it. After this introduction, he went back to the origin of the colonies, and attempted to shew that they were completely dependent on pariament, which had the supremacy over them; that the denial of this supremacy and the resistance to parliamentary regulations, were the causes of the prevailing evils. He asked them to consider with calmness what he had disclosed without reserve. That if they would adhere to his principles, they might yet be happy; that the people will be influenced by them to desist from their unconstitutional

proceedings, they will be convinced that every thing that is valuable to them depends upon their connexion with the parent state; that this connexion cannot exist without a dependence on parliament, and that notwithstanding this dependence, "they will enjoy as great a proportion of those rights to which they have a claim by nature, or as Englishmen, as can be enjoyed by a plantation or colony." Hutchinson seems to have been intoxicated by power, or infatuated by vanity, when he was led to the flagrant impolicy of making this speech. He invited them to discuss the subject, and challenged them to overthrow the principles that he laid down, to which he thought they must accede, or else claim "independence, which," he said, "I cannot allow myself to think you have in contemplation." The answer of the council is able and perspicuous, both in the style and argument, and was probably written by Mr. Bowdoin, who was chairman of the committee.

The answer of the house is a profoundly learned and elaborate exposition of the rights of the colonists, under the constitution and the charter, and confutes the whole argument of the Governor. It claims for the colony an independence of parliament, with an acknowledgment of full allegiance to the king. They take care to expose his impolicy, in provoking the discussion, as follows: "To conclude, these are great and profound questions. It is the grief of this house, that by the ill policy of a late injudicious administration, America has been driven into the consideration of them. And we cannot but express our con

cern, that your excellency by your speech, has reduced us to the unhappy alternative, either of appearing by our silence to acquiesce in your excellency's sentiments, or of thus freely discussing this point."

Three weeks afterwards, the Governor delivered a long rejoinder, and proved" that he could argue still." To this speech the council made a short answer; but the house, notwithstanding the regrets which they expressed at the consideration of these questions, shewed themselves not loth to continue their refutation. Their reply is even more extended than the former one, descending into some minute details, and proceeding with a more emphatic tone to deny the supremacy of parliament. The first plain avowal of independence by any legislative body in the colonies, is to be found in these answers of the house of representatives. There are many portions of 'them which are admirable for the eloquence of their style, as well as the closeness of their reasoning and the sound learning which they display; the concluding section of the second reply, will afford a short specimen of the whole.

"We cannot help, before we conclude, expressing our great concern, that your excellency has thus repeatedly, in a manner, insisted upon our sentiments on matters of so delicate a nature and importance. The question appears to us, to be no other, than whether we are the subjects of absolute unlimited power, or of a free government, formed on the principles of the English constitution. If your excellency's doctrine be true, the people of this province