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public concerns, and perhaps more so, than if he had possessed very commanding abilities. He was decidedly patriotic in his principles, but extremely moderate and conciliatory in his conduct. He mixed with persons of different parties, and exhibited great urbanity in his intercourse with all classes. Though opposed to persons in the administration of the province, he was not personally obnoxious to them, so that in his office of Speaker, he stood between the popular party and the government, in a manner to prevent much inconvenient collision.

He was the friend and correspondent of Dr. Franklin, and received from him the famous letters of Hutchinson and others, that produced so strong an effect at the time.. The moderate counsels of Dr. Franklin were received by him with very congenial feelings. He was steady in the course he adopted, possessing much prudence, little zeal, and no ambition of martyrdom, or desire for that species of pre-eminence, that insulates the possessor from all persons except his immediate partisans.

Mr. Cushing always took an active share in the concerns of the college at Cambridge, which conferred on him the degree of Doctor of Laws. He held various public offices, and died Lieutenant Governor of Massachusetts in 1788, aged 63 years.

At the first session of the legislature in 1761, on the last Wednesday of May, Governor Bernard fully acquainted with the excitement that had been caused by the question about Writs of Assistance, after advising the legislature, " to lay aside all divisions and

distinctions whatsoever, especially those, (if any there be) that are founded upon private views," proceeds to say: "Let me also recommend to you, to give no attention to declamations tending to promote a suspicion of the civil rights of the people being in danger. Such harangues might well suit in the reigns of Charles and James, but in the times of the Georges they are groundless and unjust." The difference between these reigns, he then urges at some length, to shew the superiority of the present over the past. It is surprising, however, to find the Governor indulging in this ungrateful sneer at Charles and James, when certain acts of those sovereigns were the only precedents, that could be adduced to sustain the application for the writs of assistance, and their arbitrary edicts were to be made use of under a George, to revive an obsolete, odious instrument of tyranny. The legislature in their answer, were civil but firm. They knew nothing of any parties to which he alluded, and they assured him that; "Your Excellency's recommendations will always have weight with us-Your recommendation, to give no attention to declamations tending to promote suspicion of the civil rights of the people being in danger, shall have its weight. It is our intention to see for ourselves; and it gives us pleasure to see that the civil rights of the people are not in danger; nor are we in the least degree suspicious that they will ever be under your Excellency's administra

tion."

Chapter TEX.

Question relating to the Currency-Otis and Hutchinson take different sides-Extracts from Otis's Essays-Letter from Sewall to Paine, and Answer-Jonathan Sewall-Robert Treat Paine.

Ir was discovered in 1761, that many of the Treasurer's notes then in circulation had been counterfeited, and a session of the Legislature was held in the autumn of that year, to devise a remedy for this evil. It was resolved to call them in and pay them off in part, and issue new paper for the balance. This course, which was wise enough in itself, brought into discussion the questions, in what coin they should be payable, whether in gold or silver, and at what rates? According to the standard, is was more advantageous to remit silver to England than gold, and in consequence the province had been nearly drained of the former. The council, with Mr. Hutchinson at their head, proposed to make gold a tender, and to lessen its value, so that it might be remitted, and thereby tend to keep the silver coin from being exported. But the house maintained that gold was already a legal tender, that there was no necessity of lowering its current price, and that there would be great injustice in so doing. Each branch negatived the proposal of the other, and after a session of a fortnight, could agree upon nothing but to separate.

This subject, which in the relations of debtor or creditor, touches almost every individual in a community, is one where alterations should be made with the greatest delicacy and prudence. On this occasion a great deal of discussion and warmth of feeling were produced. Its inherent difficulties were far from being diminished by a dispute as to the fact, whether gold was a legal tender. After the legislature was prorogued, the dispute was transferred to the newspapers, and was there chiefly managed by Hutchinson and Otis, who followed the opposite opinions which they had severally supported in the two branches of the legislature. Hutchinson argued in favour of enacting, that gold should be made a legal tender, at a diminished value. Otis contended against any diminution of the rate, and shewed that it was already a tender by law. The discussion was chiefly carried on by these two gentlemen, under their own signatures; one writer took the side of Hutchinson anonymously, who was supposed to be Mr. Bowdoin of the council, as he had maintained the same positions in that body.

Otis gave proofs of great learning and powerful reasoning, mixed up with many sarcastic allusions to his opponent; and Hutchinson avoided making a direct reply, but proceeded to give a curious history of the currency, and sought to mortify his antagonist by making no allusion to his pieces. Persons who are fond of considering these intricate questions of currency and its relative values, which still offer unexhausted fields of dispute, will find a great deal of

learning and ingenuity displayed in this controver sy. The arguments and authorities produced by Otis, would Occupy too much space here, and it would be injurious to abridge them. The following extracts from the articles he wrote, contain only some of the incidental topics, and are selected as characteristic of the times.

66

66

MESSRS. EDES AND GILL,

Perhaps I should not have troubled you or the public with any thoughts of mine, had not his Honour the Lieutenant Governor condescended to give me a personal challenge. This is an honour that I never had vanity enough to aspire after, and I shall ever respect Mr. Hutchinson for it, so long as I live, as he certainly consulted my reputation more than his own, when he bestowed it. A general officer in the army would be thought very condescending to accept, much more to give, a challenge to a subaltern. The honour of entering the lists with a gentleman so much one's superior in one view, is certainly very tempting; it is at least possible that his honour may lose much; but from those who have and desire but little, but little can possibly be taken away. I am your humble servant.

JAMES OTIS, JR.

Boston, Dec. 19th.

"His Honour is of opinion that gold and silver cannot both be kept here, without 'lessening our imports' that plenty of money has produced luxury, luxury

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