The next Year after I was sworn, was the memorable Year 1759 when the
Conquest of
Canada was
compleated by the
surrender of
Montreal to General Amherst. This Event, which
was so
joyfull to Us and so important to
England if she had seen her true Interest, inspired her with a
jealousy, which ultimately lost her thirteen Colonies and made many of Us at
the time regret that
Canada had ever been conquered. The King sent
Instructions
to his Custom house officers to carry the Acts of Trade
and Navigation into strict Execution. An
inferiour Officer of the Customs in
Salem
whose Name was Cockle petitioned the justices
of the
Superiour Court, at their Session in
November for the
County of Essex, to grant him Writs of Assistants, according to
some provisions in one of the Acts
of Trade, which had not been
executed, to authorize him to break open Ships, Shops, Cellars, Houses &c.
to search for prohibited,
and Goods, and
merchandizes on which Duties had not been paid. Some
Objection was made to this Motion, and Mr. Stephen Sewall, who
was then Chief Justice of that Court, and a zealous Friend of Liberty,
expressed some doubts of the Legality and Constitutionality of the Writ, and of
the Power of the Court to grant it. The Court ordered the question to be argued
at
Boston, in February term 1761. In the mean time Mr.
Sewall died and Mr. Hutchinson then Lt. Governor, a
Councillor, and Judge of Probate for the
County of Suffolk &c. was appointed in his Stead, Chief
Justice. The first Vacancy on that Bench, had been promised, in two former
Administrations, to Colonel James Otis of Barnstable. This
Event produced a Dissention between Hutchinson and Otis which had Consequences
of great moment. In February Mr. James Otis
Junr. a
Lawyer of
Boston, and a Son of Colonel Otis of
Barnstable, appeared at the
Page 4
request of the Merchants
in
Boston, in Opposition to the Writ. This Gentlemans reputation as
a
Schollar, a Lawyer, a Reasoner, and a Man of
Spirit was then very high. Mr. Putnam while I was with him had
often said to me, that Otis was by far the most able, manly
and commanding Character of his Age at the Bar, and this appeared to me in
Boston to be the universal opinion of judges, Lawyers and the
public. Mr. Oxenbridge Thatcher whose amiable manners and pure
principles, united to a very easy and musical Eloquence, made him very popular,
was united with Otis, and Mr. Gridley alone
appeared for Cockle the Petitioner, in Support of his Writ. The Argument
continued several days in the Council Chamber, and the question was
analized with great Acuteness and all the learning,
which could be connected with the Subject. I took a few minutes, in a very
careless manner, which by some means fell into the hands of Mr.
Minot, who has inserted them in his history. I was much more attentive
to the Information and the Eloquence of the Speakers, than to my minutes, and
too much
allarmed at the prospect that was opened
before me, to care much about writing a report of the Controversy. The Views of
the English Government towards the
Collonies and the
Views of the
Collonies towards the English
Government, from the first of our History to that time, appeared to me to have
been directly in Opposition to each other, and were now by the imprudence of
Administration, brought to
dash a Collision.
England proud of its power and holding Us in Contempt would
never give up its pretentions. The Americans devoutly attached to their
Liberties, would never submit, at least without an entire devastation of the
Country and a general destruction of their Lives. A Contest appeared to me to
be opened, to which I could foresee no End, and which would render my Life a
Burden and Property, Industry and every Thing insecure. There was no
Alternative left, but to take the Side, which appeared to
be just,
to march intrepidly forward in the right path, to trust in providence for the
Protection of Truth and right, and to die with a good Conscience and a decent
grace, if that
Tryal should become
indispensible.