Читать книгу Collected Political Writings of James Otis - Otis James - Страница 20
1. Essays from the Boston Gazette, December 21, 1761–April 11, 1763
ОглавлениеMessieurs 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, have condessended to give me a personal Challenge. This is an Honor that I never had Vanity enough to aspire after, and shall ever respect Mr. Hutchison 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 condessending to accept from, 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 jun.
Boston, Dec. 19th, 1761.
THAT the present state of the currency and commerce of this province afford room for much speculation and discourse is certain; and it is heartily to be wished that people would act as well as speculate, till things are set right. His Honor asserts, that “gold passes at too high a rate compared with silver.” I was at first as much surprised at this assertion, as his Honor ever was at a “whimsical conscience,” for, at the late conference of both Houses, about a fortnight before his Honor published his last thoughts, he very strenuously opposed the province treasurer’s being impowered to contract for gold, and “eventually (as I think he expressed it) making gold a tender”; his Honor then urged “that matters stood very well,” that “the prices already set to gold and silver, all things considered were as good as might be” that “there had then been no difficulty about gold” that “a Johannes
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had universally passed for eight Dollars” that “the man, who should refuse gold at that rate, would be hiss’d out of all company and society”; and “(as we commonly express it) bring himself into a praemunire” that “innovations, relating to currency, are very dangerous”; and “that the very moving this matter would have a tendency to alarm the people” with much more to the same purpose. After this it was not to be expected that in a fortnight his Honor would be the first to sound this very alarm in a common news paper, and that with an addition of his own name; which very justly imports great weight, as well as sound. Other people (who have published their thoughts, while matters were in debate before, or in the contemplation of the Legislators, and undetermined by them) have been deemed seditious scriblers, incendiaries, and have been solemnly given to understand that it would be taken ill if any thing should be published relating to government, or the administration of liberty of a Briton, and those very important branches of it, the liberty of speech, and of the Press. His Honor has an undoubted right to appear, when he pleases, with his name at full length, in every news paper upon the continent, and so have I, and so has my honest neighbour Mr. Cooke the Cobbler. His Honour, a few sentences further on, accounts in part for his change of stile; “I was in hopes upon my first thoughts, that there was not sufficient grounds for this alarm, and that we might go on for twelve years to come, as well as we have done for twelve years past; but, upon consideration, I find, this cannot be.” From all which I think it clear that his Honor has changed his opinion since the setting of the assembly, and in Christian charity, it ought to be presumed to be upon good grounds, and if so, is one mark of a true philosopher, who always gives up a false opinion upon new light and evidence.
THIS with his Honor’s example, will abundantly apologize for any sentiments in this answer which may appear to be different from what I advanced in the House of Representatives, or at the conference of both Houses; and hence I would hope that no one will impute such change to a “whimsical conscience,” or a “wrong head,” which epithet I find very liberally bestowed upon all who have the resolution to think, and act for themselves, even if such a fixed determination, should oblige them to oppose the Leviathan in power, or those other overgrown Animals, whose influence and importance is only in exact mathematical proportion to the weight of their purses: I would not by any means be understood, by this to intend a general reflection upon the Rich; for I sincerely declare, that I conceive the characters of a great majority of this class among us to be truly amiable and worthy.
WE are now told that “it is absolutely necessary, that something should be done to prevent the exportation, being made altogether in silver.”
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IF any thing can be done consistent with justice and equity, to prevent the farther progress of this newly discovered evil, it is past doubt that every honest man will subscribe to it: but what can be done? that’s yet a question. And before I attempt to answer it, I must be again indulged in expressing my surprize, that none of this danger should ever have reached, his Honor’s ears, ’till since the last sessions of the general assembly, considering that his Honor has for more than thirty years, professedly made money one of the subjects of his contemplation, considering also that his Honor, for many years made a great figure in the mercantile world, and is acquainted with some opulent, speculative, and inspecting, though no trading merchants, and gentry considering too that a great personage, said to be most intimately known to his Honor has been heard to discourse of the great advantages the jews might make here from exchange by reason of the present state of our currency; but above all considering that a man of war has been freighted with dollars, and a near relation of his Honors drew last summer, for five thousand pounds sterling and remitted dollars to secure their acceptance which dollars were bought with those very bills, or which amounts to the same thing, with the gold they were here sold for. “In order to judge what is proper to be done” his Honor refers us “to the time of the exchange of our late depreciating and detestable paper currency.”
I am not for introducing a paper currency again, but it is certain the sudden exchange of it gave such a convulsion to our commerce that it never has, and it is much to be feared, that it never will recover itself; and it may be safely affirmed, that the benefits hitherto derived to this province by a silver and gold currency, if we add, the temporal and accidental advantages enumerated by his Honor, as parliamentary grants, supplies of the army and navy, during the war, &c. are altogether far short of an equivalent, to what we lost by that fatal shock. I never could compare this to any thing but a similar fondness of some otherwise very able physicians, for a newly discovered nostrum, which is consequently so violently administred to remove some present disorder, that the future health of the patient is risqued, and he is in fact left weak and languid all his days.
That “trade once diverted, scarce ever returns to its former channel”; that “multitudes of people, constant employ and quick pay, whether they agree to take silver, paper or cockleshels are the riches of a country”; that “domestic improvements, and consequently the commodities raised and manufactured, are the surest measure of the wealth of a people” are observations ne’er the less true for being old.
His Honor proceeds, “It was then the determination of the government, to have a perpetual invariable standard for the future.”
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If the government so determined, they then undertook to fix, what strictly speaking is impossible to be fixed. For silver in the nature of human affairs, is variable, as well as gold, and must be so to the end of time; and no act of parliament can alter the nature of things. An ounce of silver is indeed at any one given time of the same value with another ounce of silver of the same fineness & stamp, and so is an ounce of pewter or lead; but every ounce of silver in the universe often varies in its real value. This sufficiently appears by the very facts his Honor has furnished us with, of its frequent rise and fall in England. Is it not a common observation, that all the silver in Europe has fell above half in its real value, since the discovery of the American mines? If by an invariable standard is meant, that the government intended to have a sterling standard, as to fineness that is, the same which now prevails in England, and makes the lawful silver money of G Britain, it is readily granted, this was their intent; and coined silver of sterling alloy, if any thing was intended to be established by the act of 1759 as lawful money of this province at 6s. 8d. per ounce. It is not of a farthing consequence, whether the ounce is called 5s. or 6s 8d. It was the silver of a certain fineness and stamp that was intended to be made lawful money. It is also granted that silver is the most proper for the computative money, or money of account, and if it were not so in itself, the long usage of commercial nations has made it so. But all this don’t exclude gold from being money, lawful money, true sterling money, and a legal tender, provided it be set at a proper rate, not left “to pass in that proportion to silver, as it bears in other parts of the world with which we have commerce.”
This, with all due submission, seems to be leaving things at a strange loose for common people, in town and country; & they must be acquainted with the course of Exchange, thro the world, before they can judge how many Dollars to give for a Johannes. This with the unavoidable currency of Gold, where Silver is established, I suppose, occasioned the Act for ascertaining the rates of Gold; which is doubtless a good and wholesome Law, and was intended to make Gold a tender, at the rates therein specified. His Honor thinks there are or two three mistakes in this Act, it is possible there may be; however, if there are two hundred, all I shall say to them at present is, that when they are clearly pointed out, they ought to be amended, only it seems strange that there should be any mistakes in this Act, considering the great abilities of the gentleman, who at the time of making it, ruled our Councils, and was the Prime Conductor of all our public affairs: But as I hold all men to be in a degree fallible, Humanum est Errare,1 I will not impute these Errors to a whimsical conscience, or any other wrong cause, but to the fate of all
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human affairs. From the same source its probable may be derived an error more palpable than any yet mentioned.
In the grand settlement of our so much boasted perpetual and invariable standard, coin’d Silver, and Silver Bullion, are together made lawful money, and the measure of commerce, which is not only making two measures, which may vary, but which in fact are, and ever will be, variant from each other.
Gold has been, and may be coined, and have a price fixed, that is made money; but Bullion which is uncoined Silver, and Gold, never were nor can be the money of any country.
“The coining of Silver, or making money of it, (says Mr. Locke) is the ascertaining its quantity by a Public Mark, the better to fit it for commerce.”
“The precise weight & fineness by law appropriated to the pieces of each denomination, is called, The Standard.”
[Continuation of the Piece began in our last.]
IF we are to look no farther than the act of 1749 for a standard, we shall find there established, as the measure of commerce, silver bullion indefinitely, at the rate of 6s. 8d. and coined silver, (tho’ but one species of this) to wit, Spanish Mill’d Dollars at 6s.
Now though it is very improbable that “an empty popular declaimer,” “one who is fond of harranguing the Mobb,” (the best appellations which, I hear some have dignified me with) should have any clear Ideas of the terms, Money, Standard, Sterling Standard or be able to reason distinctly about money in general, or the laws of this Province in particular; yet that the reader may, the following extracts are inserted. Those who are curious will consult the Authors at large, “Money is the Metal, be it Gold or Silver, that receives authority by the Prince’s impress, to be current; for as wax is not a seal without a print, so metal is not money without impression.” Co. Lit. 207. “The legitimation of money, and the giving it its denominated value, is justly reckoned inter Jura Majestatis,2 and in England it is one special part of the King’s prerogative. Money is the common measure of all commerce, almost thro’ the world; it consists principally of three parts; 1. The material whereof it is made. 2. The denomination or intrinsick value. 3. The impression or stamp. I. The material in England is either pure Silver, or pure Gold, whereof possibly some money
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anciently was made here in England or else Silver and Gold mixed with an alloy, which was usually, and is hitherto a small proportion of Copper. The standard of the money in England, that hath for many ages obtained, is that, which is commonly called Sterling Gold or Sterling Silver, for tho’ the denomination of sterling was at first applied to the coin of Silver, and to that coin which was the peny commonly called Sterlingus, yet use hath made it applicable not only to all kind of English coin of silver, but also to coin of gold, and this is called the standard of coin. In the case of money newly coined by the King’s authority in England, a proclamation is not absolutely necessary to the legitimation thereof or making it current. The true old Sterling standard, both of Gold and Silver, hath been the only standard of the English current money. I find rarely any proclamation for the setting of the rate of new coin, but only as before, when the denomination of what is in being is inhansed, or abated, or recalled; so that the indenture of the mint and common reputation is that which must try what is English money,” (H.P.C.). “That in regulating the current value of money among ourselves, we ought to have regard to the practice of neighbouring countries, is a mistake of so capital a nature, that it is of consequence to have it obliterated from the minds of men. And it is easy to demonstrate in regulating the current value of the coin of a kingdom, it is of no moment to regard the conduct of neighbouring states.”
S.D.C. Postle. V. Coin.
“It appertains to the King only to put a value to the coin, and to make a price of the quantity, and to put a print to it, the which being done, the coin is current for so much as the King has limited.” (Arg. Pl. C.) It was resolved as the King may make money of what matter and form he pleases, and establish it, that so he may change the money in substance and impression, and inhance or abate the value thereof, or utterly decry and annul it, so as to be only Bullion, at his pleasure. It was resolved, that it belongs solely to the King of England to make or coin money within his dominions, so that no other person can do it without special licence of the King; and if any presumes to do it of his own head, this is treason against the person of the King by the common law. Every piece of money ought to have its denomination or valuation, for which it shall be accepted, or paid, as for a peny, a groat, or a shilling, and all this ought to be done by authority and command of the Prince, and ought to be done by proclamation of the Prince. Davis.
A tender may be made in foreign money, current by parliament or proclamation. Co. Lit.
The King by his proclamation may make any coin lawful money of England; a fortiori he may by his proclamation only, establish the standard of monies coined by his authority, within his proper dominions.
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Viner. Prerog.
From the above authorities, I think it evident that the King’s coin, as well gold as silver, is lawful money of Great Britain, sterling standard money, and a legal tender, as is also even foreign gold at such a rate as the King by his prerogative alone a fortiori, at such rates as the King, lords and commons, that is the parliament, may be pleased to establish. A vulgar error that no gold is a lawful tender has indeed prevailed here; but I believe it never was questioned in England, whether the king’s coin, either of gold or silver, was such.
I shall now examine the act of 1749. In the title of said act are these words; “for ascertaining the rate of coined silver in this province for the future”; and in one of the preambles these words, “and it being of great importance that all possible means should be used for establishing an invariable silver currency for the future,” but not a word in the whole act of the alloy of the silver. This is the first time that silver was ever establish’d as money, without fixing the alloy, or fineness. Dollars indeed, are by this act made a tender in discharge of these invariable silver contracts; but the fineness of these is also indeterminate so that as I said before, silver indefinitely, that is silver bullion, and spanish milled dollars of any alloy, are both together the money established by this act; what is worse, even dollars are no tender according to some Gentlemens way of arguing; for the act only ascertains the rate beyond which they shall not be passed, and nothing prevents their being payed at a less rate, nor obliges the creditor to receive them at that, unless you’ll say that, all silver indescriminately, is lawful money of this province at 6s. 8d. per ounce, as this act imports, and that a man is obliged to take fish scales, (as they are vulgarly called) pistareens, and old plate at 6s 8d. per ounce, without regard to the alloy, or fineness; which is contrary to common justice, as well as common sense.
What shall we say then? have we no standard at all? I answer, yes, a very good one, but it is not to be found in the act of 1749 but in one, that by the wording of this, seems to have been overlooked at that time; I mean the 14 George II C 4, by which it is enacted, “that all coined silver of sterling alloy; shall be accounted paid and taken, as lawful money of this province, at the rate of 6s 8d. per ounce, troy weight, and other money in the same proportion; and no otherwise; and all private trade, and dealings, where no other lawful money, or thing, is expressly contracted for, shall be intended to be in and for the money aforesaid.” The words “other money” in this act, in their just and natural construction, must mean, gold as well as other coined silver. Sterling alloy is the standard of our gold and silver. The fineness of the silver established by the act, must also be taken as the measure of the fineness of the silver mentioned in the act of 1749, and that act must be read, coined silver
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of sterling alloy, to make it intelligible. Now if the only standard of lawful money is sterling alloy, as it certainly is, as to silver, then I say by the reasoning of some gentlemen, no man can or ought to be obliged to take dollars (that is they are not a tender any more than any other bullion) for the act of 1749 don’t in so many words say dollars shall be a tender. It says indeed, that they shall be received at 6s. and at no higher rate; but if this obliges a man to take them at that rate, as there is a little difference between dollars at 6s. and an english crown at 6s. 8d. why here is two standards say they. But this difference is accounted for by his Honor, to wit, to keep out hammered money and encourage the bringing in the dollars, and the dollars have ever been deemed a tender at 6s. and as good a tender as an English Crown at 6s. 8d. and this brings us to the Act of 23 G. II C v. entitled “An act for ascertaining the rates at which coined silver and gold, &c. may pass within this government.” No lawyer ever doubted (that I heard of till the last session of the court) but gold was a tender according to the rates set in this act, which are the exact proportion to sterling silver. It is observable that an English Crown which is the standard for silver with the denomination of 6s 8d. is one of the coins enumerated, which is one reason to conjecture that, the several species there enumerated were intended for money and consequently a tender. The cotemporery usage is another good argument among lawyers to prove such intent. Every one knows they have ever since been taken as money. And if nonuser, for 60 years, is not a sufficient argument, against the general words of an act, yet surely the universal practice for seven years after is an argument in favour of my construction. The words are “that they shall not be received, taken or payed at any greater or higher rate,” but it is further enacted that fifty pounds penalty shall be forfeited by those who, “receive or pay” them at a greater or higher rate than there regulated and settled, as well as allowed: now settled, to be received and paid, looks to me like fixing the price, and making money of them, and consequently a tender. It has been observed that the act of Parliament, for regulating the price of gold, tho’ it enacts that Guineas shall not be current at more that 28s., has a proviso, that none shall be obliged to take them at that; to which I answer, as heretofore, 1. That this very proviso shows the sense of the parliament, that without that proviso they would have been a tender at 28s. 2. 28s. is 7s. more than they are worth, but our act has put them at their exact sterling standard value. But as some doubt has risen about gold being a tender at any fixed value, it ought to be settled as explicitly as possible in an explanatory act. And if the rates of gold and silver, are not well adjusted, (as I agree with his Honor upon his first thoughts they already are, and with his last thoughts, that) upon a discovery of any mistakes, they ought to be rectified. The invarible standard of silver will not be effected by gold’s
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being a tender at a fixed rate, any more than by dollars being a tender; when a man tenders me a dollar for 6s. it must be one that in weight and fineness is as 6s. to 6s 8d. or I am not obliged to take it any more than a counterfeit, and for so much as it wants of standard it is as bad as counterfeit, except here the two pence an ounce allowed for coinage and to encourage their importation, which has made no difficulty, nor will. The same reasoning will hold as to a Johannes, or any other gold coin compared to the sterling standard of gold, tho’ by the way they now stand in the true proportion, if the gold is as good, which has hitherto been supposed. In one word, what inconvenience can possibly happen here, from having standard gold as well as silver? which, as I have said, I think we have already, tho’ it has been much disputed of late, and is a matter of such importance, that it ought soon to be rendered indisputable one way or the other. I have asked the above question often but never had any satisfactory answer. At present I will suppose all his Honor’s calculations to be right, tho’ I hear he is convinced that some few of them are wrong, and others may hereafter prove to be so. In the mean time, if this position of his Honor’s be true, that “whatever is the proportion between gold and silver bullion in England, the same must be kept in the colonies,” what becomes of the invariable perpetual standard? I now promise to pay to any man that can fairly reconcile to my mind, a perpetual invariable standard, with a perpetual varying price of silver and gold bullion in England, a praemium equal to any that has been appropriated for the discovery of a perpetual motion, the squaring of the circle, or the invention of longitude. As to the singular reason subjoined to this position, which seems to imply that, most of our gold and silver must go; I answer, if that is inevitably necessary, all our puzzle, about altering denominations, will be of no more avail, than a boy playing crickets to day and marbles to morrow.
What mighty matter is it which goes first, gold or silver, if both must go, and we are to be reduced to an absolute state of poverty (which truly is threatned from more quarters than one) and made as hungry as hounds before our bellies or our pockets can be well filled again. But of this newly discovered way of growing rich, more hereafter.
As to the hint which seems to be given to the parliament, the only inference I make from the facts it is grounded upon, is that, they further manifest the impracticability of a perpetual invariable standard, which yet requires that “the same proportions should be kept here between the several species of it, as between gold and silver bullion in England.”
The question returns again, “What is to be done to prevent any [myschevious?] effects?” It was proposed in the house, that in our present circumstances, we had best as a province, contract for the future in gold, and make it
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more explicitly a tender. To this it was and is again objected that “it is contrary to the principle the government prosessed in 1749 and will be a violation of the public faith.” It may be answered, there is nothing in the act of 1749 that restrains the province, or a private man, from making a new bargain; if both parties concerned agree no body is hurt. It was the universal sense of the house not to break in upon any former special contract for dollars or any thing else, so far from it, that it was agreed to send gold to Spain to purchase dollars, if the creditors were so exact as to insist upon it. As to the distinction between public and private debts, I never heard any one contend that there ought to be any difference between them as to the punctuality of payment, or in any other respect. It was contended, and is yet, and it is to be hoped will be, that if a private man has a right to make a new bargain, so has the public. And if the province has not this right, it seems to me, to be under as strict a guardianship, as the poor-indians; so all the surprise about a wimsical conscience might have been omitted. We are informed “that there is no more difference between the promise of silver at 6s 8d. per ounce, and a promise for lawful money as the law now stands, than between a promise for a crown, and a promise for 5s.” This no one ever doubted, as I know of, tho’ there is reason to think, a certain gentleman imagined the whole house of representatives ignorant of this wonderful discovery; or he would hardly have proposed an amendment of a money bill, and the inserting of lawful money instead of gold. This with actually sending down a money bill, with such an amendment, and the manner of the proposal, &c. was as great an insult, as ever in the plenitude and zenith of power was offered to a house.
China is the only country in the world where gold is not money, or a tender.
That guineas can’t be refused as a tender in England at 21s, is in my opinion as clear law, as that George the Third is rightful King of Great Britain. Some have admitted that gold is a tender in law, but say it is so only at the market price. A new kind of tender this. A man at Sheffield must gallop to Boston to learn from the course of exchange, the market price of gold, and by the time he gets home, it may be altered, and so besides seeing a lawyer, and his trouble, he has a bill of cost to pay his litigious creditor.
His Honor proposes to reduce the Johannes only to 46s, tho’ according to some critical and accidental events and advices, they are really worth but 43s. 3d. Now it must be owned that this looks plausible: if they are really worth but 43s. 3d. and the creditor will take them at 46s. it is splitting the difference, as we say, in a country arbitration, and I think, the debtor, and the province which is the greatest debtor, ought to be very thankful if this will satisfy their creditors and acknowledge that their said creditors have very
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good tender, not to say whimsical consciences, that they will take but half their due, and set down content with 20000 Lawful money, when they might demand 40000.—
As to few debtors having any money by them, it seems most probable that 9/10 of the money, in every country, is in the hands of debtors, or which is the same thing, traders and others, who will loose by its fall.
Our silver and gold; as now regulated, are exactly agreeable to the sterling standard of both, as may be seen by any one who will be at the pains to calculate them.
As 60d sterling, an ounce of silver, is to 80d lawful money, so is 21s the guinea to 28s lawful money, precisely; and as 129gr. the weight of a guinea, is to 336d lawful money so is 221gr. the weight of a johannes (or more properly the ½ johannes) to 576d, or 48s lawful money, as it now stands; and so of all the rest, bating the 2d an ounce between dollars at 6s and silver at 6s 8d per ounce, which has been accounted for; and some frivolous fractions may perhaps rise from the different alloy of some of the pieces, but they are too insignificant to deserve the notice of the legislature.
The proportion of sterling standard silver to gold is as 1 to 15 1/5, which is what has been conformed to by the provincial laws. It must be owned Mr. Locke is against gold’s being made money or a tender, at any rate; and his reason is almost literally the same with his Honor’s. See pag. 78 vol. 3d. And this opinion has been embraced by other writers of an inferior class. Now I think it very fortunate for me, that Sir Isaac Newton the only single name that I should have dared to mention against Mr. Locke, is of a different opinion; and upon his representation in 1717 above twenty years after Mr. Locke had published his treatise, the guinea was set at 21s. and has so stood ever since; add to this the concurrent practice of all nations and ages in making money of gold as well as silver. I have not room to insert the reasons that have been given against Mr. Locke’s opinion in this particular. It is enough that it has been over ruled by the wisdom of the nation. Mr. Locke tho’ one of the princes of the philosophers was not infallible. It is by this time I hope evident that his Honor’s calculations are founded not upon the sterling standard, but the varying price of bullion, a commodity which can no more make a standard than the price of broad cloth. It might also be demonstrated, that even upon his Honor’s Hypothesis his calculations are wrong, but this every man may do for himself without being a Newton in mathematicks or a Locke in metaphysicks.
His Honor is of opinion that gold and silver cannot both be kept here without “lessening our imports,” that “plenty of money has produced luxury, luxury tends to poverty” “poverty to industry and frugality” “these bring money again.” I am no merchant, but have been informed that increasing the
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exports is more advantageous to a country than lessening their imports. As to the revolution or wheel of fortune which his honor has described, luxury is a very vague & loose term, if by it is meant the importation of many foreign commodities, the more we have the better, if we can export enough to pay for them; poverty is so far from being the basis of industry and frugality that it is too often the occasion of vices directly opposite. Poverty can no more produce riches than it can furnish a man with the secret of the philosopher’s stone. I know it is the maxim of some, that the common people in this town and country live too well; however I am of a quite different opinion, I do not think they live half well enough. I should be glad to see here as in England, tradesmen and yeomen worth their tens and their hundreds of thousand pounds, for then and not till then we shall see gentlemen and merchants worth their hundreds and their millions. The tradesman and the husbandman would do well to consider that when they are for cramping trade, they are for killing a faithful servant, who is toiling day and night, and eating the bread of care for their good as well as his own; the merchant & other gentlemen would do well to reflect that the hand of the tradesman and husbandman are their employers, and that unless they multiply and increase in their commodities and riches, the merchant will never flourish: The merchant, manufacturer, and freeholder should consider themselves as the most immediate and natural brothers in the community, that God and nature have made their interest inseparable: and when they will agree conjointly to pursue it, no mortal hand can ever prevail against them.
Nature has been as kind to this province as to most in the world. This is demonstrable from its increase in people, and trade, from its settlement to the year 1749; & yet we never raised our own bread. The balance yearly sent out in cash for wheat and flour, which we might raise as easily as the other colonies, has been often mentioned to our shame; and yet nothing has been done to encourage the raising of one, or manufacturing the other. It is said we pay two thousand pounds sterling a year, only for flour barrels. It is humbly submitted, whether it is not highly incumbent upon the government, to take this affair into their consideration, and grant a bounty for raising wheat; the saving between raising and paying the other colonies for our bread, would in two years furnish a sufficient medium for all our other trade.
Thus I have endeavoured according to my poor capacity to answer his Honor’s reasons for lowering the price of gold, to prove the necessity of making gold expresly a tender, and have pointed out the only possible method of keeping gold and silver in plenty amongst us. Every political writer is allowed to lament the decay of public spirit: It is certain that in proportion to this
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decay, calamities of every kind will invade a community: And amidst all our disquisitions, could we hit upon any method for reviving this spirit among us, public embarrasments that appear insuperable, would vanish before it.
I am the humble servant of my Country, and a hearty Well Wisher to all men,
James Otis, junr.
P.S. Very soon after his Honor published his thoughts, he told me “he had been cuting out work for me in the paper,” as near as I can recollect the words, which I took as a personal challenge to answer him; if they were not so intended, I was mistaken: However, read in the preface challenge to answer; and those who can think it will make any difference in the sense, may for Cooke the Cobler, read all mankind.
J.O.
Column 2d. l. 9. of this paper, for never was, r. has not been lately.
Messieurs EDES and GILL,
THE following is not intended for a regular Return to his Honor’s Piece of the 4th; that can’t come ’till he has finished and then he may be unanswerable. My Apology for this, is the Extract from Mr. Locke, published the same Day with my Answer.
I know not of the least offence that has been given by his Honor’s inquiries; nor have I ever heard him charged, with any view in publishing his thoughts, but to the publick good; sure I am, that I never charged him with the contrary.
If Mr. Lowndes imagined that increasing the denomination of a piece of silver, would increase its real value; I happened to be more fortunate than to think so, as is evident from this assertion in your gazette of the 21st of Dec. “It is not of a farthing consequence, (i.e. as to the value) whether the ounce be called 5s or 6s 8d.”
I shall not compare myself to either of those great men, Mr. Locke, or Mr. Lowndes. But with regard to the terms Delicacy and Politeness, it may not be amiss to observe, that they are relative, and admit of no invariable standard. The present humour of a court, the prevalent fashion of the age,
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and a thousand other accidents and circumstances, concur to vary the idea annexed to those words. The delicacy and politeness of the Russian court, would perhaps appear boorish in the present refinements at St. James’s. The British courtier at Versailles may be looked upon with as much pity and contempt, as the true plain hearted Old Briton would be by a modern politician. In the days of our fore-fathers, power put on the grim visage of open force and violence. In this more delicate age, soft words; a smiling countenance, fair promises, and other tickling blandishments, are the only sure means of obtaining those enormous degrees of power, which mankind are so fond of: Whatever delicacy and politeness may dictate, good sense and good nature require that great allowances be made for the different ages, nations, education, advantages and natural tempers of men. In one word, I am no courtier; I know not to give flattering titles to men, nor have I the least desire to offend them. If plain english and freedom of speech are too hard for the digestion of any stomacks, those who labour under this infirmity, have a right to please their own palates, and will of course seek elsewhere for entertainment.
Mr. Locke informs us, that Mr. Lowndes was “no otherwise known to him than by his civilities,” and adds, that he had “a very great esteem for him”; and so have I for his Honor, tho’ no part of my respect arises from civilities I have received, but purely from his Honor’s rank and merit. Mr. Locke in his disputes uses greater freedoms by fifty times, than I ever desired to use with his Honor, and it would be no difficult task to point out some in his controversy with his friend Lowndes. However, this might not serve me, as it may be said, that greater freedoms are excuseable between friends. The bishop of Worcester was greatly Mr. Locke’s superior in rank, tho’ I confess not so much as his Honor is mine in abilities. But it must be remembered, that no man carries the atmosphere of his commission or public character into a disputation; if there was any rule of logic in favour of that, the very name of a justice of the quorum would be as effectual to strike a poor plebeian dumb, as the ratio ultima regum3 of Lewis the XIV. Most men had rather be silent all their days, than run the risque of being thought worthy of hard names, bonds and stripes for every word that may happen to displease the delicate ears of a superior.
I return my most humble and hearty thanks to his Honor for his history of our currency, and should promise myself great entertainment, if he would gratify the public with a more general history of the province. His Honor’s
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long acquaintance with our ancient records, must have furnished him with many curious annecdotes, unknown to most others.
I entirely agree with his Honor, that our standard for silver has ever been the same with sterling. I could never see any necessity of altering the denomination, and have often wondered at such alteration taking place; and am more fully convinced since his Honor’s opinion, that it was a very ill judged thing, tending only to confusion and disorder. It is a thousand pities that so fair an opportunity as offered itself in 1749, for rectifying this error should not have been embraced.
His Honor observes, that “in democratical governments, generally, there will be a biass in the legislature, to the number rather than to the weight of the inhabitants.” It is presumed that this may be true in speculation, but it cannot well be examined in practice: because strictly speaking, there never were many democratical governments in the world. I don’t at present recollect one such government existing upon the face of the earth. The English government is by some indeed considered as democratical, others have not scrupled to call it an anarchy; but the best opinion is, that the true British constitution, as settled by the glorious revolution, is a mixed monarchy, or a composite of the three famous kinds, viz. of monarchy, supplied by the King, aristocracy, supplied by the lords, and of democracy, supplied by the commons. This when the checks and ballances are preserved, is perhaps the most perfect form of government, that in its present depraved state, human nature is capable of. It is a fundamental maxim in such a government, to keep the legislative, and executive powers, separate. When these powers are in the same hands, such a government is hastening fast to its ruin, and the mischiefs and miseries that must happen before that fatal period, will be as bad as those felt in the most absolute monarchy.
It may happen in governments formed after this model, that in consequence of art and corruption, half a dozen, or half a score men will form an oligarchy, in favour of themselves; and an aristocracy in favour of their families and friends. Instances may be found, where a man of abilities, shall monopolize a power proportionate to all those of lord chief baron of the exchequer, lord chief justice of both benches, lord high treasurer, and lord high chancellor of Great Britain, united in one single person. There is no axiom in the mathematicks clearer than that no man ought to be sole legislator of his country, and supreme judge of his fellow citizens. Should it be objected, that in making these political reflections, I have wandered; my apology is, I went out of the way, for the sake of his Honor’s company, whose observation upon the democratical byass, led me astray if I have erred. By analogy it seems probable, that in an aristocratical government, the byass will
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be in favour of the weight rather than the number of the inhabitants. But the more equitable way in all governments, is to set quantity against quality, and to keep as exact a balance between debtor and creditor, as the nature of the thing will admit. If it is possible that his Honor should intend, a distant light delicate suggestion, that I am in the least warped by either of these byasses, he is very much mistaken. I desire neither poverty nor riches, and thank God heartily that I have neither. Mediocritate mea contentus sum.4 My argument in more respects than one, runs counter to what the wise of this world call interest. This will not lie, and when a man speaks against it, there is little reason to suspect his sincerity, however lightly we may think of his understanding. Restituit Rem,5 is a pompous motto, that I never expect to be complimented with, and I certainly will never assume it, but this, Non populi fasces, non purpura Regum flexit,6 is what every man should take care to deserve, before he pretends to any degree of philosophy or patriotism.
For the sake of the unlettered reader, let it be noted, that Monarchy is the government of a single person, whether King, Emperor, or perpetual Dictator. Aristocracy is a government administred by a few Nobles or Grandees. A Democracy is that government where the supreme power is in the Hands of the people. An Oligarchy, is the government of a few, sometimes justly termed a Junto. Anarchy denotes a mobb or no government at all.
There can’t be a more severe satire upon many modern governments, than what Mons. Secondat is supposed gravely to assert, as the principle of Monarchal governments: “In Monarchies (says he) policy makes people do great things with as little virtue as she can. The state subsists independently of the love of one’s country, of the thirst of true glory, of self-denial, of the sacrifice of our dearest interests, and of all those heroic virtues which we admire in the ancients, and which to us are known only by Story.”
The same author, speaking of the British Constitution, observes that, “the political liberty of the subject is a tranquility of mind, arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted, as one man need not be afraid of another. When the legislative and executive powers are united in the same person, or in the same body of magistrates, (or nearly so) there can be no liberty, because (just and great) apprehensions may arise lest the same Monarch or Senate (or Junto) should enact tyrannical laws to execute them
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in a tyrannical manner. Again, there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary controul: for the judge would be then the legislator: were it joined to the executive power, the judge might behave with all the insolence of an oppressor. There would be an end of every thing, were the same man, or the same body, whether of the nobles or of the people, to exercise the powers of enacting laws, of executing the public resolutions, and of judging the crimes and differences of individuals. Most kingdoms of Europe enjoy a moderate government, (i.e. in comparison of Turkey) because the Prince, who is invested with the two first powers, leaves the third to his subjects.
“In Turkey, where these three powers are united in the Sultan’s person the subjects groan under the weight of a most frightful oppression.
“In the republics of Italy, where the three powers are united, there is less liberty than in our monarchies (in which the French is included). Hence their government is obliged to have recourse to as violent methods for its support, as even that of the Turks. Witness the State Inquisitors, and the Lion’s Mouth, into which every (rascally) informer, may at all hours throw his written accusations.
“What a situation must the poor subject be in, under those Republics! The same body of magistrates are possessed, as executors of the laws, of the whole power they have given themselves, as legislators. They may plunder and plague the state by their general (ignorant, vague, random and arbitrary) determinations; and as they have likewise the judiciary power in their hands, every private citizen may be ruined by their particular decisions. The whole power is here united in one body; and tho’ there is no external pomp that indicates an arbitrary sway, yet people (unless they are more stupid than stocks and stones) feel the effects of it every moment.
“Hence it is that many princes in Europe, whose (sole) aim has been levelled at arbitrary power, have constantly set out, with uniting in their own persons, all the (material) branches of magistracy, and all the great offices of state.” Spirit of Laws, V. I. B. X. C. vi.
O Secondat! thou wast surely inspired, or you could never have so exactly described the state of provinces, perhaps unpeopled, and of people unborn, when you first felt their miseries. Had France have had many Montesquieus, Canada might never have been conquered: Should Great Britain play it away, when another Pitt appears, she may conquer it again.
JAMES OTIS, Junr.
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Messieurs EDES and GILL,
WHEN a rich (great and powerful) Man speaketh, every Man holdeth his Tongue. And look, what he saith, they extol it to the Clouds; but if the poor Man speak, they say, what Fellow is this? and if he stumble, they will help to overthrow him. —Wisdom of the Son of Syrach.
Great Men and Judges, and Potentates, shall be honoured; yet there is none of them greater than he that feareth the Lord. —Id.
What Agreement is there between the Hyena and a Dog? and what Peace between the Rich and the Poor. —Id.
SINCE I published my first thoughts in your paper; I have often very carefully revolved them in my own mind, and have also closely attended to all that has been published on the other side, and the result is, that, instead of being convinc’d of any material error, I am much confirmed in my first opinion, viz. That the rates of gold stand very well as they are, and that ’tis absolutely necessary it should be made expressly a tender at those rates.
I find the principal difficulty in the minds of my honest opposers (for as to those who are swayed by interest or party, it is in vain to reason with them) rises from their not carefully distinguishing between money and bullion.
Money is the coin of any certain weight and fineness, stamp & name fixed & established by the law of a country, be the metal what it may either silver, gold, copper, lead, or iron. The silver and gold are undoubtedly the best, when they can be come at, and silver, as Mr. Locke observes, is the properest computative Money, or money of accompt which no body ever contradicted as I know of. Bullion, strictly speaking, is silver and gold unwrought, tho’ the term is now applied to all silver and gold, that is not the coin or money of the state. Hence, in England, all foreign coins that are not made money of England, by the King’s proclamation are considered as bullion, and so is the English coin in foreign states. I believe there has been no proclamation since the arbitrary reigns establishing any foreign coin as money of Great Britain, so that silver and gold of the King’s mint are the only money of Great Britain, and it is undoubtedly best it should be so; hence Johannes and Dollars are in England commodities, and upon the same footing with gold and silver in bars or ingots. The English having followed most other nations in what is by very judicious writers deemed false policy. The acts of Parliament prohibit the exportation of the King’s coin
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under the pains of death. Strange that the Prince’s money should not be allowed a free currency thro’ his own dominions; but this being the wisdom of the Parliament, we must submit. Hence it is necessary in the colonies to have recourse to foreign coin for a medium, it being one of the Jura Regalia7 to set up a mint, it would be a forfeiture of our charter to establish one here, and high treason in the operators, if the rigor of the law was insisted upon; tho’ it seems it was winked at in the days of Yore for a little while, but was doubtless made a pretence for vacating our old charter, tho’ it was but a pretence, if, what his Honor intimates be fact, viz. that the government in the Interregnum made an ally of us: this certainly furnished a good excuse, for this province then could not be expected to determine the difference between the power de jure & de facto.8
Nobody will pretend that the province has a right to be considered as an ally; nor does Great Britain consider this, or any other of her colonies, as in that absolute dependent state as conquered countries.
These Northern colonies subsisted for near a century, not only without the smiles, but in spite of the frowns of the great men in power, in the arbitrary reigns. But, since the glorious revolution, thank God, the scene has been changed, not only the rights of Great Britain, but our rights have been settled, and strictly adhered to by every Prince since that memorable event. We are intitled, by birth-right & inheritance, to all the essential privileges of the best Briton, and we never had nor shall have, while the present British constitution remains, any oppressors among us; but those who are made so here, whether natives or foreigners.
So long as people will submit to arbitrary measures, so long will they find masters, and whenever Tib kicks, master must cease whipping and spurring, or he will run a risque of his neck.
But, to return from what may be called a digression, let us examine the cause of the price of bullion being higher than sterling money. The first is this, if I have occasion to send fifty ounces of silver to Holland, I should do as most men would, give a penny or two pence an ounce more for bullion, rather than run the risque of a halter in melting down the King’s coin.
The Jews and other sagacious jobbers, have rendered the trading in bullion so advantageous, that it is become not only a considerable branch of business, but no contemptible science in change alley. All this tends to raise bullion above the price of coin: Add to this, the frequent demands for the East Indies, where great quantities of silver are carried, never to return.
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The demand for silver is further increased by the plenty of gold in the East, which yields a fine profit in return for silver, which is scarce there; with all these and some other causes gold is rendered plentier in Europe, than it was formerly. With all this silver, bullion is about 5s an ounce more than it was in William’s time. The proportion between English crowns and English guineas, or Sterling gold and silver, is as 15 1/5 to one; i.e. 15 & 1/5 English crowns or ounce of silver, is equal to 1 ounce of gold; and so is 15 1/5 of an ounce of silver money here, to an ounce of gold, by our present province laws. Now tho’ it has been said, that it is not of a farthing’s consequence whether you call an ounce of silver 5s or 6s 8d this must be understood in this restricted sense, viz. provided silver is your only medium or standard. But if gold as it ought and is here, and in England, and every where else but in the East-Indies, is money, it is of consequence to keep as exact a proportion between them as possible; a perfect proportion is well known to be impossible.
To make this matter clearer, if I owe £105 sterl. in England, and remit an hundred Guineas, it fully pays my debt, and no more, because guineas can’t be made merchandize of, and reshipped: But if I send home the same weight in Joannes or other foreign gold, it will yield me a handsome profit, besides the paying the £105, because these being bullion are worth something more to re-export. Silver bullion being somewhat more scarce than gold bullion, if I remit 420 English crowns, it just pays my debt; but if I send the same weight of dollars, it fetches as silver bullion, something more than gold bullion, from the variation of quantity, quality and demand, just as one sort of oil or cod fish, or any other commodity, fetches more than another. And for ought I see, the different prices of our fish and oil abroad, is an argument of the same kind, for altering the standard of our currency, with the varying price of bullion.
The merchant has a right to ship off gold or silver, as he thinks best; and he ought not to be restrained nor can he be; the profits of trade in this province are little enough; I wish they were much greater. The government have nothing to do with furnishing the merchants with a medium; if they are let alone and not burthened with imposts, excises, &c &c. they’ll find themselves a medium; and the province, with all the blessings that attend a flourishing trade, into the bargain.
But it is of great importance that in all governments their currency should be established, and if you have money, both of gold and silver, that they should be in a due proportion. I grant also, that it would be best if this proportion could be the same thro’ the world, but this can’t be. I also grant, for I want to hide nothing, that our gold and silver money, and the sterling gold
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and silver money, are a little disproportionate to the prices of gold and silver bullion in Europe, e.g. If I am in England & have an ounce of silver and an ounce of gold in bullion, and the same quantities in silver and gold coin of the kingdom; the gold in coin is 15 1/5 to the silver, but the gold in bullion is but about 15 to silver. What, does all this prove that gold coin should be lowered? No, but that silver coin is worth more, and if any thing is done should be raised, and this ought to be the case here if any alteration is made, as will appear by what follows. Mr. Locke was for excluding gold from being money or a tender (for they are synonimous). Sir Isaac Newton was not for excluding gold from being money or a tender, but only for lowering it, I shall have more occasion for this observation by and by. Upon Sir Isaac Newton’s report the Guineas were lowered 6d. but the nation was far from finding their account in this, as appears by the following extract from Tindal’s continuation of Rapin’s History of England, vol. 27. p. 132.
“An attempt was made this session to lower the value of Guineas. Mr. Aislabie having taken notice of the great scarcity of the silver coin, occasion’d chiefly by the exportation of silver and importation of gold, proposed, that a speedy remedy might be put to the growing evil, by lowering the value of gold species. Upon this the King was addressed for the representations made by the officers of the mint to the treasury, in relation to the gold and silver coins. Accordingly Mr. Lowndes presented to the house several papers relating to the coins, and particularly Sir Isaac Newton’s representation to the Lords of the treasury. Then Mr. Aislabie renewed his motion, and was seconded by Mr. Caswel, who made a long speech on the various values, which, at different times gold and silver coin have born with respect one with the other, according to the scarcity or plenty of either. He suggested, that the over-valuation of gold, in the current coin of Great Britain, had occasioned the exportation of great quantities of silver species; and to that purpose laid open a clandestine trade, which of late years had been carried on by the Dutch, Hamburghers, and other foreigners, in concert with the Jews and other, traders here, which consisted in exporting silver coin, and importing gold in lieu thereof, which being coined into guineas at the tower, near fifteen pence was got by every guinea, which amounted to about 5 per Cent. and, as these returns might be made five or six times in a year, considerable sums were thereby got, to the prejudice of Great Britain, who thereby was drained of silver, and overstocked with gold; concluding, that, in his opinion, the most effectual way to put a stop to this pernicious trade, was to lower the price of guineas, and all other gold species.
“This speech was received with applause, and an address was voted and presented to the King, for a proclamation to forbid all persons to utter or
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receive guineas at a higher rate than one and twenty shillings for each guinea. Pursuant to this address the proclamation was issued the next day, after which the commons adjourned to the 13th of January.
“The lowering the value of gold, which was thought a proper expedient to procure a greater circulation of silver species, had during the recess a contrary effect, either, as was supposed, through the covetousness of some monied men, who hoarded up silver in hopes that the same would be raised; or out of fear that gold would still be lowered; or through the malice of the disaffected, who, by the same method, thought, if not to distress the government, at least to raise murmuring against it, among the common people, upon account of the stop which was thereby put to petty trade.
“In order therefore to remedy this great evil, as soon as the commons met, they came to a resolution, ‘that this house will not alter the standard of the gold and silver coins of this kingdom, in fineness, weight and denomination; the lords came to the same resolution, and ordered a bill to be brought in, to prevent the melting down of the silver coin.’”
Mr. Postlethwait, speaking of this transaction, says, “Though the reduction of gold was not so natural, perhaps as the raising the value of silver” (or rather giving silver coin the value it had at market) yet it would have equally answered the end (among themselves and without regard to individuals he evidently must mean) of fixing the par necessary between these metals, if the reduction had been great enough. But still it would have been, as in effect it was a disadvantage to England, with regard to foreigners. He demonstrates this loss to be above 100,000 l. only by what foreigners had in the English funds. And by his principles it may be rendered very probable that this province would lose near as much by reducing Johannes from 48s. to 46s. besides the injustice to the debtor and the possessors of gold.
Mr. Postlethwait proposes that Silver should be raised, so as to make the proportion about 15 to one, and then leave gold to find its price in the altercations at market; and yet proposes to have a price fixed to gold by law. I have no objection to the truth of his observation, that if any thing is amiss, silver coin is too low here, and in Europe, in proportion to gold coin, compared to the price of bullion, and that it is most natural silver money should be raised, and not gold money lowered. If any thing, I say this ought to be done in England, and then we might safely follow them.
I should not dare propose it to be done at present if I thought it was right, because a great cry would be soon raised; by the distressed creditor, that we were a going to pay him in names instead of realities, for 3d. a dollar is a reality to a creditor, tho’ some metaphysicians would pretend that 2s. a Johannes is a non-entity to a debtor, and that he would be just as well
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without it as with it, but it is not so easy to perswade people out of their money at present.
They have been long convinced in England of the disproportion between silver and gold coin, or sterling standard if considered as bullion, yet all the alteration that has taken place this century, was the 6d. taken off from the guinea, which they soon repented of. When the english standard is altered ’twill do for us to alter ours, and not before. I am now going to argue in favour of the poor creditors. It is agreed on all hands that we are dependent upon England, and therefore it would be strange for us to undertake to set a proportion between our money of gold and silver different from theirs, but if we were independent, as ninety nine parts of our trade in a hundred is with them, and a balance greatly against us, according to Mr. Belloni, our money system regulated according to the true proportion of bullion would only hurry both gold and silver away the faster. See Sav. Dic. Com. v. Coin.
Gold bullion in England, is raised as well as silver since 1749. Handsome profits have been made by shipping silver, and when that is gone a considerable one may be made of Gold. A Johannes that in 1749 would fetch but 36s. will now fetch 37s. 9d. This has appeared as paradoxical to some; but the truth is, that bullion of gold and silver, like beef and pork, broadcloths and hollands, or other commodities, rise or fall, proportionably to the various accidents in commerce, or as summarily and commonly expressed according to the quantity and demand.
I don’t blame any man for being concern’d in the trade of shipping money, it is allowable by the law of the land, but then the matter ought to have been generally known, that every one might have had a fair chance. A thing of this kind should not be made a secret of by a few people in government, of heavy purses and long heads. To have in favor of that trade but one species of money established here as a tender, and that the best to ship away, and after three hundred thousand pounds are contracted for in dollars in consequence of an act artfully drawn, perhaps to serve this very purpose; for the province to be told it shall not, nor the people in its jurisdiction, shall never pay but in silver, tho’ you had gold of us, and we have sent all the silver away looks a little tantalizing, and may be compared to the proceedings of the Aegyptian task master, who required bricks without straw. Let us have gold and silver both a tender at the rates of sterling money, and let the merchant do as he pleases with bullion or any other branch of trade, the legislature has no business with either: Tho’ I cant help saying, that I think more patriotick and reputable branches of business might be followed, than buying money to ship home. I say buying money, because our real traders and merchants are under a necessity, of sending home money, and can get hardly any thing
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else. But those who do not owe in England are under no necessity of doing so; and, in short, their being able to do it to advantage, is partly owing to what is very ruinous to the trade of a young country, and that is the monied men with drawing their stocks out of business, and putting it at interest and turning stock jobbers. That this is a fact, is notorious. I could name persons worth £20000 sterl. raised by trade in this town, and born here, that have withdrawn it, and left the town, to avoid the taxes, which indeed are much too high here.
I can’t say whether my ancestors traded in wampumpeag or beaver; but this is certain they did not trade to much advantage, or I should have been born perhaps with a silver spoon in my mouth.
However that was, if my father had raised a million of money in trade, and should leave it all to me, I would spend every farthing of it before I would desert my native town in distress, only to avoid bearing my share of her burthens, and misfortunes.
A series of oppressions and impositions upon trade, and in consequence great risque in it, with other evident causes, has taken great part of the Estate of the province out of trade, and little concern seems to take place about it, in those whose duty it is to cherish it most.
I find in Mr. Fleets paper a very prolix performance signed Y.Z. I had once determined with myself not to enter into a controversy with any gentleman, under the rank of a Lieutenant Governor; especially if he concealed his true name: But there are two or three reasons which have caused an alteration in my opinion with regard to Mr. Y.Z. I shall not name them, it is enough at present to tell the reader, that a thought has been suggested to me, by the following lines of Horace.
Alme Sol curru nitido, diem qui
Promis & celas aliusque &c idem
Nasceris; possis nihil urbe Roma
Visere Majus.9
If I am mistaken in my first conjecture, I have a right to say Mr. Y.Z. is a saucy, pert, impertinent upstart, and a busy body, to thrust his nose into a dispute between people of his honor’s rank & mine. Surely he is unacquainted with the first principles of delicacy and politeness, to think his honor can
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stand in need of his elucidations or assistance. I have suspected more than once whether this Mr. Y.Z. by his unmannerly and vulgar insinuations of a lawyers wilfully misrepresenting facts, and dealing in quibbles, mayn’t be some leering assurance broker, piping hot from an unsuccessful counting house, who by his scurrility against the profession and divine science of the law, expects soon to be deemed a very fit candidate for preferment.
However, I have nothing more to say to him at present. Make way for his Honor, young man. Vox sausibus haesit.10
His Honor, among many things that I have not time to animadvert upon at present, has quoted a passage from Sir Isaac Newton’s famous representation, which it’s needless to repeat at large, these words “people are already backward to give silver for gold, and will, in a short time refuse to make payments in silver without a premium,” are sufficient at present. I should almost as soon believe the doctrine of transubstantiation, as that Sir Isaac Newton ever talked nonsense. Yet he certainly must have done so, if gold was not a legal tender in England as well as silver.
I ask these plain questions, if gold was no tender in England, what could people pay their debts in but silver? if the law allowed payment in nothing else but silver, how then could they refuse paying them in silver?
Whether the King’s coin of gold be a tender in England, at any fixed rate, has been a dispute here for three months; however this seems to be conceded at present, at least by Mr. Y.Z. so there is one point gained. The reader is desired to note with Mr. Locke once for all, that cavilling here and there at some expression, or little incident of a discourse, is no answer to it. That railing is no argumentation nor worth notice.
Mr. Y.Z. says, it seems to be allowed that gold is set at too high a rate, compared with the price of bullion and other foreign coin in England.
I have granted this, but say it is nothing in favour of lowering gold here, nor in England; and have proved that this concession is nothing to any purpose, but to prove that silver should be raised, which I dare say is not Y.Z.’s purpose. Mr. Y.Z. seems to triumph principally in three supposed errors of mine (1) In the calculation which is allowed to be just, if 60d. is the true value of an ounce of sterling silver money. (2) My sense of Sir Isaac Newton’s opinion. (3) In supposing a position of his Honor’s inconsistent.
With regard to the first as it seems probable from Mr. Y.Z.’s concession of my quoting Sir Isaac Newton, that I had his representation before me, I could not be ignorant or unmindful that “a pound weight of silver (11 oz. 2 dwt fine, and 18dwt. alloy) is cut into 62 shillings,” and that this answers
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to 62d. per ounce. Nor that “taking this for the standard, (as it really is) if a calculation were made agreable to the given form, the result would differ considerably from that of the calculation refer’d to.” I say, all this I knew as well as this notable detector of errors: My design was not so much to address my self to the rich, the great, and the sagacious: they are able to take care of themselves. My design was to express myself in such a manner, that the common people might have their eyes a little opened to their interest. In doing this, I followed not only his Honor’s clear manner of considering this subject, but the manner in which it was considered by the sum of all civil power in this province the assembly which made the act of the 23 of George IId.
They considered an ounce of coined sterling silver, in relation to the currency to be established here, as 60d to 80d, and upon that supposition, a Guinea comes to 28s and the half Joannes to 48s. That calculation was made for the common people in town and in the country; for I am not ashamed, nor afraid to declare, I think they want their eyes opened, and I shall always be ready to contribute my mite thereto. It was therefore needless to trouble them with Sir Isaac’s representation at large most of them would not have understood it; and I care not a Button if Mr. Y.Z. directly, as well as indirectly, insinuates, that this was done not from hurry, but from a design to misrepresent facts. Since I am upon this, I desire my candid reader to take notice once for all, that I have many affairs to attend, besides my own immediate interests; if I had piles and bags of gold and silver heaped up in abundance, I might have had more leisure to study a subject which was in a sort new to me at the last session of the court and might have avoided any mistakes. My dear Friends, Fellow Citizens, and Countrymen, I am forced to get my living by the labour of my hands, and the sweat of my brows, as most of you are, and obliged to go thro’ good report and evil report, for bitter bread, earned under the frowns of some who have no natural or divine right to be above me and entirely owe their grandeur and honors, to grinding the faces of the poor, and other arts of ill gotten gain and power.
By honest Arts win Honors O my Son!
If not by Tricks, by H——ll, they must be won.
Rem facias, rem, recte si possis quocunque modo rem,11
And honestly get Riches if you can,
At all Events they must be got my Man.
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But here endeth the sound of the first triumph. Mr. Y.Z. is less sagacious then he would be tho’t to be, if he don’t know, (and if he don’t) I now tell him, that adding the allowance of 2d. an ounce for coinage, which his Honor very justly takes notice of in his first performance, the result of my calculation will turn out, as it did before, bating a fraction, which none but a quibbling Genius, to return one of his polite and delicate complements, would have thought the subject of a triumph. However, if that calculation was as erroneous as it is exact, it would make nothing to the main argument, which is, Whether gold shall be made a tender here: As to “fixed rates,” which Y.Z. adds, they are nonsense. A tender at an unfixed rate is jargon to a lawyer, as I trust it is to every man of commonsense.
The next mighty thing, is the affair of opposing Sir Isaac Newton to Mr. Locke. Mr. Y.Z. says, “it don’t appear (to him I suppose he means) that Sir Isaac Newton has offered any thing in his representation, that can with propriety be construed to contradict Mr. Locke.” I can’t help that—Sir Isaac’s representation appears very different to me, and I shall in a few minutes submit the affair to all gentlemen and others, which understands Sir Isaac Newton best, he himself, or Mr. Y.Z. I am content to lie under the imputation of writing in a hurry, or of a desire of misrepresentation, in the opinion of Mr. Y.Z. However precipitate or wicked I am, none of the effects of either happen to appear in the inference now to be considered. None much above a Zoophite could have Sir Isaac’s representation before him; carefully read it over as I did, and assert as I have in my first piece, that “upon his representation a guinea was set at 21s.” (and consequently lowered from 21s. 6d. which every body knows was the price before) and has so stood ever since; and yet suppose that Sir Isaac Newton was against lowering gold. Add to this, Sir Isaac’s representation was professedly in favour of lowering gold. I never said, heard or dreamt, that Sir Isaac Newton was against lowering gold, and if Mr. Y.Z. can fairly and clearly show that I have said such a word in any thing I have written, I will strike out the particle, or, and insert, and, in the promise of the premium which he built so many hopes upon!
If his hopes of gain, temporal and spiritual, are no better founded, than most of his inferences, I seriously recommend to his consideration, that it is as hard for a rich man to enter into the kingdom of Heaven, as for a camel to pass thro’ the eye of a needle. Alas, alas, if longitude is never discovered till Mr. Y.Z. finds it out, wo unto poor mariners, as well as poor lawyers, which I suppose this jokeing scribler will retort in some future elaborate performance. Down anger! be still O my rage and madness, and attend to the dictates of reason.
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I am now going to lay before the reader, my inference from Sir Isaac’s representation, the same I made at first, and shall prove it be a just inference. My words are, “It must be owned Mr. Locke is against gold being made money or a tender.” Gaz. Not a word about Mr. Locke’s being of the opinion that the money of gold shou’d be lowered, this would have been impertinent, not only in me, but Mr. Locke too; for he is for annihilating gold as money, which must make the question about lowering the money of gold needless.
I expressed no immoderate triumph from what I then and now conceive to be Sir Isaac’s opinion, to wit, That the king’s coin of gold in England is money, and a tender as well as silver, this I have above proved to be his opinion from his own words, quoted by Y.Z. (and his Honor too) or they are irreconcileable. I only said, I thought it fortunate for me, that Sir Isaac Newton, the only name I should have dared to mention against Mr. Locke, was of a different opinion. What opinion is there expresly referred to? why that of Mr. Locke against gold’s being made “money or a tender,” not a word about lowering gold: Further, if Sir Isaac Newton was of Mr. Locke’s opinion, with regard to expunging the king’s coin of gold, he did not act with integrity, in not hinting a word of so important an opinion in his report.
So the second triumph vanishes like the baseless fabrick of a vision.
The last and most boasted victory of all (and no wonder) is that upon which large money is depending, and much more I confess, than I am worth; but I’ll procure it when due for all that. I know of two or three arts, that will earn the value of the premium, or premiums, before they will be won by Mr. Y.Z. These are a little courtly and miserly, but no matter for that, Horace says they may be used in case of urgent necessity.
His Honor has these words in his first performance, viz. “It may be proper to observe, that whatever is the proportion, between gold and silver bullion, not gold and silver coins, as they are commonly current by tale, in England, the same must be always kept in the colonies, for all we have of both metals, except what is absolutely necessary in trade, will always go to England, and if you set gold too high in the colonies, it will drain you of your silver, if you set it too low, you in effect exclude gold.”
I did promise, and I do again promise to pay any man that “can fairly reconcile to my mind, a perpetual invariable standard, with a perpetual varying price of silver and gold bullion in England, a praemium equal to any that has been appropriated for the discovery of a perpetual motion, the squaring of the circle, or the invention of the longitude”; or all together, as the reader pleases.
There is no need of tables, or reasoning about the matter, the reader is desired only to recollect his ideas of money & of bullion, and remember that no laws of England, or this province, can regulate the price of bullion
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(of money they may) and it will be incontestible, that the sense of the word set, used by his Honor, must be a fixing by law i.e. making money of silver and gold, and in this view it will be evident, I am in no danger of losing any money, nor Y.Z. entitled to recover any. His formidable table is at best founded upon nothing better, than begging the main questions in debate, even as he proposes them, viz. whether gold is or shall be a tender; for his table supposes that silver in dollars at 6s. is or ought to be our only standard, which I utterly deny, and have heretofore abundantly proved the contrary. As to the little frigid half born humour about reserving a private right of judging of the demonstration, I must have been very stupid not to have some diffidence about judgment, and judges, when I had charged so great and truly respectable a Name with an inconsistency. I knew that if his Honor could not, or would not deign to reconcile it, that some others would.
I must have been an owl indeed, not to have been sensible, that before I got through the woods, it would be probable I should be attacked by both Hawks and Buzzards in abundance; but if there is none of either brood better than Mr. Y.Z. he acted very prudentially in throwing out his little white flag of truce. Mr. Y.Z. you may go home, split your butterflies, twirl your glass globes, stroke the hyena, and beat the dog till he can’t bark, he is not poor enough yet; and with all your apparatus, and experiments, so long as you can extract an electric spark, its probable you may be impel’d to infinite vain labours, to transmute it into gold or other money, rather than nurse it up to a vital flame. I recommend you to fit persons for your purposes, they are among many others, the students in chymistry, the searchers after the philosopher’s stone, and the worshipful society of gold finders in change alley London.
I am determined not to give my self the least concern about any other anonymous gentry; those who sign at large, are entitled to delicacy and politeness; those who have behaved like Y.Z., are not entitled even to decency.
In fine, I regard his white rag as much as I shou’d the snivelling of a boy, who was ready to —— lest he should loose some glittering gewgaw.
I know a party, whose malice and ill designs against this province and its liberties, is much less unbounded than their riches and power, tho these are great enough. I know the worst I have to fear from them, and defy them: I have been guilty of no offence, but speaking my mind in favour of the rights of the people.
I am and will be at all times ready, when lawfully called, to speak write, fight, and die, for my country and for the cities of my God; and if I fall in such a conflict, I hope I shan’t fall in the total ruin of my country. My
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consolation will be at least that of a Roman, and I trust of a Briton and a Christian also.
JAMES OTIS, junr.
From a late ENGLISH Print
Of Government, and upon what Freedom depends.
THERE is nothing in which the Generality of Mankind are so much mistaked as when they talk of Government: The different affects of it are obvious to every one; but few can trace its Causes. Most Men having indigested Ideas of the Nature of it, attribute all public Miscarriages to the Corruption of Mankind. They think the whole Mass is infected; that it is impossible to make any Reformation; and so submit patiently to their Country’s Calamities, or else share in the spoil. Whereas, Complaints of this Kind are as old as the World, and as every Age has thought their own the worst; we have not only our own Experience, but the Example of all Times, to prove, that Man in the same Circumstances will do the same Things, call them by what Names of Distinction you please. A Government is a mere Piece of Clock-Work; and having such Springs and Wheels, must act in such a Manner: And therefore the Art is, to constitute it so that it must move to the public Advantage.
It is certain, that every Man will act for his own Interest and all wise Governments are founded upon that Principle: So that this whole Mystery is only to make the Interest of the Governors and governed the same.
In an absolute Monarchy where the whole Power is in one Man, the Interest will be only regarded; in an Aristocracy, the Interest of a few; and in a free Government the Interest of every one.
The Freedom of this Kingdom depends upon the People’s chusing the House of Commons, who are a Part of the Legislature and have the whole Power of giving Money. Were this a Representative, and free from external Force or private Bribery, nothing could pass there but what they thought was for the public Advantage. For their own Interest is so interwoven with the People’s, that if they act for themselves, (which every one of them will do as near as he can) they must act for the common Interest of England: And if a few among them should find it their Interest to abuse their Power, it will be the Interest of all the rest to punish them for it. And then our Government
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would act mechanically, and a Rogue would as necessarily be hanged, as a Clock strike Twelve when the Hour is come.
January 31, 1763
Mess’rs Printers. The ingenious Author and grand Architect of that wonderful Work, signed A.Z. and lodged at Messrs. Fleets Printing Office, for the free Inspection of the Members of a certain Great Assembly, and others, is vehemently suspected to be a tall slender, fair complexioned, fair-spoken “very good Gentleman.”* His Beauty has captivated half the pretty Ladies, and his Finess more than half the pretty Gentlemen in the Province.—He has with great success both in Theory and Practice, made Money the Subject of his Contemplation, and the Object of his Wishes for some Years. He is judged to be very fond of being chosen Agent himself, only in order to rise higher. Should he fail in that View, he will give his Interest to any Man rather than to a Dissenter. The Arts of Hypocrisy and Chicanery he has cultivated and improved to Perfection. The Principles of arbitrary Power descended to him from his Ancestors; the Nourishment of a perpetual Dictator flow’d from his Mother’s Breasts, and the Maximum aut Caesar aut Nullus,† was inscribed upon his swaddling Bands.
This famous Performance ’tis tho’t, was only ushered to the Press by a certain stuttering Military Scribe, a notorious Tool, who, as the Eccho of some of his Master’s lately attack’d no less a Character than that of Ld. B——e, publickly declaring in a large political Club, that it was “no credit to Israel Mauduit, Esq: or any one else, to be known to Ld B—— for that his Lordship was the Author of all the Disturbances in England.” A.Z. is supposed to have partly furnished with his Anecdotes, by a young lean Exporter of Dollars, lately arrived from his Tour through Great Britain and Ireland. Coelum non animum nutai qui trans mare currit.12 Too many of our young Gentlemen go abroad as wise as Hobby-Horses, and except a little sounding Brass and a few tinckling Symbols, return without any Acquisition of Capital Stock.‡
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Messieurs PRINTERS,
Please to give the following a Place in your next.
“See Lawless Pow’r, the haughty Tyrant’s Pride
With Whips and Scorpions arm’d triumphant ride!
The Infant’s Cry, the Orphan’s bitter Tear,
The Father’s Care, the tender Mother’s Fear,
The Hope of Youth, the Wish of hoary Age,
Are all hiss’d off from —— sordid stage”
The agent for this Province has been grossly and scandalously affronted, by an advertisement, in an Evening Post of January last. The conduct in that affair was abundantly more injurious than publishing the piece referred to, would have been. The manuscript was indeed shown to many; but those who did not see it, were left to guess the worst. Had it been printed, it would have appeared the most jejune puerile grubstreet performance that ever had birth, from the cave of poverty, to the pamper’d sleepy palaces of the rich, the great, and the wicked.
The publishers of the advertisement have not been call’d to account for their behaviour; nor do we read of any motion for a reprimand made by master secretary at war, or of any minatory visit made them by the pretended attorney general.*
I will venture to say, any other printer in the province would have run the risque of a severe prosecution, for saying half so much of a late Agent. Messieurs Edes and Gill were dictatorially threatened with the lash of the law, only for publishing a piece, which some prodigious wiseacres imagined there was a mistake, tho’ there was none; and even had it been as the conjurers on the other side imagined, it would have amounted to no more than this, viz. It should have been affected, that an “application to Parliament was despair’d of, without a recommendation from the treasury, which recommendation was despair’d of”; instead of “absolute despair”: Which last, however, there was ground for it being pretty unlikely that a Gentleman should obtain payment from a board that had paid so little regard to his solicitations, as not to give him a recommendation.
Mr. Mauduit’s letter, expressly, without any qualification, says, He had been told the affair was despair’d of. Who so likely to tell him this, as his predecessor?
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The Publishers of the Evening-Post, and their correspondents, have indiscriminately villify’d every Gentleman on “our side,” as some of them are pleased to express it. All this, if done without promise of reward (which is much doubted) is also without any danger of punishment. But their forgiveness and safety don’t flow from “any uncommon goodness of heart or generous compassion to the weakness and folly of impotent enemies,” by which those excellent wretches, their honourable patrons and benefactors, could ever be distinguish’d.
The true grounds of the safety of the Publishers of the Ev’ning Post, and their correspondents, are well known. They scribble and publish in favor of plantation prerogatives, which, as practised by most Governors and their tools, are six times more burthensome than those exercised by the King our Gracious Sovereign, within the Realm. There is not one Governor, in America that has been transported to avoid death, in the shape either of hunger or a halter, but who (by excercising half the condescention to an assembly, that the best and greatest Prince in the world every day is graciously pleased to discover towards his parliament) might make himself and the people under him tollerably happy. Let it be remembered, that one side being profess’d advocates for the Liberty of the Press, can’t with any face complain of that freedom in others, which they are so fond of themselves. Go on then Ev’ning Posts, Pimps, Parasites, Sycophants, Predicting Parsons and Pedagogues. I am ready for ye all, and would only hint to this last order of gentry, that they are Elective, and that no Governor has a negative in their choice. I intend one day or other to send into the world, thro’ the Ev’ning Post, a good piece or two upon Prerogative; having great reason to conclude that none of the above tribe understand their own side of the question. It being impossible to conceive from their words or actions, that it ever enter’d into their imaginations, that liberty and prerogative stand entirely upon the same basis, nay at bottom are the same; and that whenever the thing meant by either of these terms for the “public good” is misunderstood or misapplied, tyranny begins in the shape of one D——l or a Legion.
In the mean time take a catalogue of the witnesses and standing monuments of the sublime and disinterested benevolence of the idols of a certain side, composing a junto, which I shall hereafter call the benefactors.—They have abus’d a worthy tho’ unfortunate man, after his innocence has been prov’d even upon a scrutiny truly and literally inquisitorial; having been made by those who had no authority of themselves to punish; and consequently there would be no great merit in forgiving.
Nor civil officer commision’d by the Governor, can be displaced without the advice and consent of council.
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This is or ought to be a great barrier to liberty. Tho’ it would be better if all officers were appointed during good behaviour. And I venture to maintain, that it will be impossible for civil government, ever to rise to the greatest perfection and glory it is capable of, until this be done.
The benefactors owe so much of their wit and humor to humane reflections upon the poverty of others, that if they should be depriv’d of this single idea, their souls would instantly become rasae tabulae,13 except the idea of money. But upon recollection, they could not have the idea of riches, without that of poverty. They must see others poor, in order to form any notion of their own happiness.
The mystery of keeping a country poor opens. It is to give higher relish to the pleasures of the rich, especially those of them who, may have pretty suddenly forgot they, were but a little while since, as poor in purse as they will ever remain in spirit.
“Want is the scorn of every wealthy Fool,
And wit in rags is turn’d to Ridicule.”
Dryden
Some other fruits of the benefactors are—A native town (once the happy and flourishing metropolis of a province) decay’d in its trade—what is left monopoliz’d by a few people in power, or their friends and favorites—Acts of parliament dispensed with, in favour of one party, and push’d with rigor against another—The inhabitants miserably burthen’d and oppress’d with taxes—Too many who by a misplaced confidence, have been rais’d to undeserved riches and honour, not only forsaking, but using their utmost influence at home and abroad against the place that first gave them birth & importance—A whole province deeply in debt, at least 3 millions old tenor.—Publick revenues anticipated and mortgaged for a number of years—Projects on foot for keeping the people poor in order to make them humble, to all generations—Legislative and executive trusts, from the highest to the lowest, in many instances united and blended in the same person, to a degree that nothing short of omnipreference can enable the possessor to discharge the several functions, as the good of the people requires—To say nothing of the incompatibility of such multiform trusts—The obstruction of public justice—The partiality, and affection that are inseparable from most modern politicians, who are therefore totally disqualified to administer justice—The absurdity of sometimes having in effect the same judges appeal’d to, as are appeal’d from, is obvious—Law Makers and judges should have none to
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make them afraid—Neither of them should ever be concerned in or about elections; if they are, the fruits of such concern will be apt to show themselves on the bench and in the senate.
Reader, have I discovered any thing new? do you see any earthen gods, that every knee should be made to bow before, or perish? can any mortal discern the blasphemy of squinting at those who grind the face of the poor without remorse, eat the bread of oppresion without fear, and wax fat upon the spoils of the people? When such benefactors are found, they had better be let alone, it is not prudent to rouse them, they may have long claws, go about seecking whom they may devour; and perhaps make a libel of any thing they please. It is one of the most sublime, wonderful wise maxims of the common law, as settled in the arbitrary reigns, that “truth is no justification of a libel.” Ratio Patet,14 the truth is not always to be spoken, nothing being so dangerous to most politicians. Juries indeed sometimes regard the truth, and upon its being prov’d have acquitted. But juries may in time grow to be an unfashionable and uncourtly part of our constitution, as the house of representatives, is already in a manner become; and as useless clogs to the benefactors, both may be exploded together. It is said a certain governor and council have in effect made divers acts and laws original and explanatory without consulting the house, tho’ sitting.—Witness the making establishments for arm’d vessels; and the case argued by four barristers, without party or appeal.
When any of these things are mentioned, a cry of sedition is instantly raised, the whole army of dependents is in an uproar, and the military part of a house, what with the threats of broken heads and broad swords, really frighten their meek, and peaceable bretheren into any thing—I have nothing to say against the gentlemen of the blade acting in their sphere—But for politicians, their profession renders them unfit: A good soldier is bred in the only school of arbitrary power, that is necessary. This occasions a bias that is inseparable from the commander. I take this opportunity, to thank those of my countrymen, who have distinguished themselves in the late glorious war, and heartily wish they may be provided for as they deserve. But I never desire to see one of them in the senate, or in any civil employment. There is a rumor, that there will be a requisition upon the provinces to keep up a standing force in time of peace. Whether it will be for our interest to comply with such a demand, it will be time enough to determine when it is made? In the mean time, we are free to comply with or refuse such a proposal. And I hope the Freeholders of the Provinces will take care to return men another
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year to represent them, who have no interest to serve in keeping up a standing army; such as don’t expect military commissions for themselves or others. As to our being obliged to do every thing ask’d of us, and the threats if we refuse, they are the arts of the benefactors, who daily give it out they are going to get an Act of Parliament to alter our charter constitution, take away the election of councellors, have all the custom house officers, and other boys, appointed as in the province of New Hampshire. But this is Prerogative puff. Are there not protectors, who have but their own unparalled impudence to protect themselves? There are seasons of stupidity, blindness and corruption, when but a distant hint at the enormities of those who are forging chains and shackles for their country, in the most bare faced manner, shall be deem’d seditious, libellous and traiterous; nay, according to one wizzard among the Benefactors, blasphemous. Every art shall be used to blacken the character of the supposed author of such a hint, to ruin his reputation and business, and deprive him, his wife and children, of their daily bread. When all other attempts fail, he shall be represented as a mad man, in order if possible, to lay a train to get the guardianship of his person, and the possession of what little estate he may have. This is a sort of fingering Haercredipeta an eminent clerk among the benefactors is very famous for. That the unlettered reader may understand me, Haercredipeta among the Romans, denoted a sly, flattering scriv’ner, who by his officious attendance upon rich old men and women, work’d himself into their favor, & obtain’d a legacy in their wills, or the heirship of their estates.
The next breath approaching fate is threatned, which in the sense some use fate, can’t be applied to a madman, because the pedant says, speedy repentance, deep contrition, and total reformation, are to avert this approaching fate. ’Tis pity the predicting parson, and his knowing friend, had not found out, that punishment only is to be averted by penitence, and that the laws of Draco never punished a madman. One need not be a conjurer to discover that this parson is a prophet of bedlam, and a fit chaplain for lunaticks. His friend and he, with Baalam and his ass, before that unhappy beast was inspired, could they be brought together, would furnish out a very proper congregation for an hetrodox sermon, from these words, which I recommend to this right reverend for the subject of his next discourse upon a high holy day.
“Power, with or without Learning, in the Hands of High Flyers, in Church or State, is ten Times more dangerous to a Community, than Arrows, Fire brands and Death, in the Hands of a Fool.”
And if the benefactors, with their whole united forces, on or before the first day of April next, will publish to the world a discourse of one page only, upon
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this subject, “smile and stab or stab in the dark,” their first principle, if such performance be free from absurdity and contradiction, it shall be warranted to sell for two pence. Further, upon the head or heads of the benefactors (for some think them at least a two-headed monster) giving bond for his or their good behaviour, in their several lucrative departments, indisputable security shall be produced in double the sum, that Bluster, whoever is meant by that name, shall never seek or accept of any office during life, but shall devote all his leisure, to the detecting and exposing state rooks and robbers.
There is a species of pentinence that will recommend any man to the benefactors.
The way to their caresses and favours, is known to be broad, smooth and easy; and many there are that find it.
As the war was occasioned by the Benefactors, so early terms of peace and alliance have been offered unask’d. The capital article upon which all negociations have hitherto split, is, that certain gentlemen should, be treated worse than being given as hostages, in plain English, become the Tools to a few in power. Those who have attempted to bring about this submission, by all the sweet blandishments of persuasion, by the affronts of flattery, by the unprovok’d sacrifice of once dear friendships, by every other art of a courtier, and by the threats of all, and more than all the evils in the power of the great and the wicked, have hitherto found themselves mistaken. The writer of this, boasts of no superior learning or talents. I am sure I am right, is not his motto; but he humbly hopes he is not out in thinking common sense, a good conscience, freedom, and dependence ultimately upon one supreme sovereign good, are to be valued infinitely beyond all other earthly felicity; and when he can’t enjoy these, he trusts he shall not repine at the first fair and lawful call to die. He has been taught from his early days, by a Gentleman of true honour, who never forsook or betray’d a friend, and to whom some Ingrates entirely owe their present power and grandeur, that “it is mean to fear the face of man”; that it ever “brings a snare”; that “we should not despair of the common wealth, tho’ an army of Banditti were encamped round about, and a strong party of Patricides eating out her bowels.” “Call no man master upon earth,” is a saying worthy its author, and if rightly attended to, by all those whose particular duty it is to explain and inculcate so divine a doctrine, would soon scatter the tyrants of this world, like locusts and grasshoppers. I have discovered, without the help of the predicting parson, that error, early or late, must and will, and shall, fall before truth. A day is also hastning on, with very large strides, when some who are now the darling idols of a dirty, very dirty, witless rabble, commonly called the great vulgar, are to sink and go down, with deserved infamy, to all posterity.
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Advertisement.
Prepared and Preparing for the Press,
1. An impartial History of the last Session of the Great and General Court or Assembly of the Province of the Massachusetts-Bay.
2. A full and true Account of the Grant of Mount-Desert Island to his Excellency FRANCIS BERNARD, Esq; Governor of the Province of the Massachusetts-Bay.
3. The present political State of the Province of the Massachusetts-Bay, with a brief Account of the Services of said Province, and a State of the Rights of the Colonists in general. To which will be added, by Way of Supplement, a View of Provincial Administration for about three Years past, interspersed with Strictures upon the Conduct of some eminent Personages in former Years.
By JAMES OTIS, Esq;
The last will be dedicated to the KING. The two first will be published so soon as the General Court is dissolved; the last as soon as possible.
P.S. The Writer of a Letter directed to the Author, and published in the last Ev’ning-Post, relating to the Expences of Lieutenant Governor PHIPS’s Funeral, may meet with full Satisfaction as to that Business in the first of these Performances; Perhaps he might have had it sooner if he had given his Name.
Boston, March 21.
AT a Meeting of the Freeholders and other Inhabitants of this Town on Monday last, JAMES OTIS, Esq: was chosen Moderator, who made the following Speech, viz.
Fathers, Friends, Fellow-Citizens and Countrymen!
BY your unmerited good will, I am promoted to a much greater Honour than I ever aspired to. Be so good as to accept my most humble and hearty Thanks, for this unsolicited and unexpected Mark of your Esteem.—Gentlemen. It has pleased infinite Wisdom to give us a goodly Heritage. Our Forefathers have handed down to us the great Things which were done for them of old Time; but great as they were, they sell far short of what we have
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heard with our own Ears, and seen with our own Eyes. A War began, upon the most just and solid Grounds, by his late Majesty GEORGE the Second of ever blessed Memory, was, during the Life of that great Monarch, crowned with a Series of Victories and Triumphs before unparalleled in History, and, which astonished the whole World. The Smiles of Heaven have been marvellously continued upon the Councils and Arms of his illustrious Grandson and Successor, our most gracious Sovereign GEORGE the Third, whom God long preserve! The Fall of Martineco, the Reduction of the Havannah, the Conquest of Cuba, the Destruction of the Spanish Marine and Commerce, were but Preludes to a Peace that will reflect immortal Honour upon the present Reign.
We in America have certainly abundant Reason to rejoice. The Heathen are not only driven out, but, the Canadians, much more formidable Enemies, are conquered and become Fellow-Subjects. The British Dominion and Power may now be said, literally, to extend from Sea to Sea, and from the Great Rivers to the Ends of the Earth: And we may safely conclude from his Majesty’s wise Administration hitherto, that Liberty and Knowledge, Civil and Religious, will be co-extended, improved and preserved to the latest Posterity. No other Constitution of Civil Government has yet appeared in the World so admirably adapted to these great Purposes, as that of Great Britain. Every British Subject in America is, of common Right, by Acts of Parliament, and by the Laws of God and Nature, entitled to all the essential Privileges of Britons. By particular Charters there are peculiar Priviledges granted, as in Justice they might and ought, in Consideration of the arduous Undertaking, to begin so glorious an Empire as British America is rising to. Those Jealousies that some weak and wicked Minds have endeavoured to infuse, with Regard to the Colonies, had their Birth in the Blackness of Darkness, and ’tis great Pity they had not remained there forever. The true Interests of Great Britain and her Plantations are mutual; and what God in his Providence has united, let no man dare attempt to pull asunder.
At this our first Meeting in FANEUIL-HALL, since the Fire, I take the Liberty to express Part of what you must all sensibly feel upon this Occasion. Sweet and grateful be the Remembrance of our generous and bountiful Benefactor, the late PETER FANEUIL, Esq! We are also obliged to the Government for their Grant of a Lottery for the Repairs.—We are this Day met to exercise one of our invaluable Privileges, in the Choice of Officers for this Metropolis the ensuing Year. Let us keep the public Good only in View. Should any Prejudices or Animosities exist, this is a proper Season for their Burial in everlasting Oblivion. Let not the Poor envy the Rich, nor the Rich despise the Poor: But let us remember we are all of one Flesh and one Blood:
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and that the Good of the whole is closely and intimately connected with the Welfare and Prosperity of each Individual. The Love of our Neighbour is an evident Principle of natural as well as revealed Religion. ’Tis recorded much to the Honor of the Ancients, that this Sentiment. Homo sum: humani nihil âne alienum puto,15 was attended with a Thunder-Clap of Applause through the whole Roman Theatre. “He who don’t consider himself as related to every one of the human Race, is unworthy the Name Man,” A Christian should be able sincerely to declare, that he had rather be the meanest Friend of a Free People and of Mankind, than the Tyrant of the Universe.
Gentlemen,
As the Duty of my Office will require the greatest Impartiality, so on your Part Patience with, and Moderation towards each other, are absolutely necessary for attaining that Order which it will be impossible for me to preserve without your kind Assistance.
Messieurs PRINTERS,
Please to insert the following, and you’l oblige Your’s,
JAMES OTIS.
AS it has been very industriously reported in the House of Representatives, as well as abroad, that upon the Lieutenant Governor’s being appointed Chief Justice, I threatned to set the Province in a Flame; I think myself obliged in my own Vindication thus publickly to declare, that I have not the least Remembrance of my having ever used such Expressions in my Life; nor do I believe I ever did. The Persons who have framed this Story, and who still continue to propagate it, are both known to be invincibly prejudiced against me, and therefore every candid Man will believe it with Discretion. They have been incessantly misrepresenting my Conduct for these two Years past, and have in all Companies discovered such unparallel’d Virulence, that I am persuaded they would not obtain full Credit should they swear to the Truth
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of it. Unreasonable Clamour, and all Kinds of Sedition, I detest and abhor as much as any Man. The true Principles of Loyalty & Obedience, which are quite consistent with the warmest Love of Liberty and ones Country, I would strongly inculcate: And I hope in God I shall never be wanting in my Endeavours to awaken as far as I can in my Countrymen the true Spirit of Patriotism, and to stir up a manly Opposition against the Attempts of any Governor or Lieutenant Governor whatever, to infringe the Rights of the People, tho’ I should be charged by their Sycophants and Tools, with an Intent to set a whole Country in a Flame. As I had long ago forgiven and almost forgot any Thing in his Honor that was unfriendly to my Father, I should not have troubled the Public with this Address, had not the whole of my Conduct as a Representative of this Metropolis been repeatedly resolved into Enmity to his Honor, conceived in Consequence of his Appointment to be Chief Justice. I think it proper therefore to give a short Account of some Transactions which took Place about that Time. I am well acquainted with all the Secrets of that and many other political Appointments, and of some Juggles, which I shall unravel more at large as Occasion shall call for it. At present the following is sufficient. Upon the Death of the late Chief Justice SEWALL, Col. Otis wrote to the Lieutenant Governor, and Mr. Secretary OLIVER, his warmly profess’d Friends, and to none else. The Purport of his Letters was to let them know his Inclination, to be appointed, not Chief Justice as has been reported, but youngest Judge of the Superiour Court. These Letters I bro’t to Town over Night, but before I had Opportunity to deliver them, I heard that it was a settled Point that his Honor was to be Chief Justice. I waited upon him however early next Morning, and communicated the Substance of the Letter to him, withal telling him that if he was determined to accept of the Office of Chief Justice, it would be needless to leave the Letter, and in vain to expect his Honor’s Assistance. Upon which he assured me he had no Thoughts nor Desire of the Office, told me that some of his Friends had indeed mentioned such a Thing to him, but he had already Engagements enough upon his Hands, expresly declared he tho’t Col. Otis had the best Pretensions to be Judge of that Court, promised his Interest, and took the Letter, which he has never condescended to answer from that Day to this. The Secretary gave me much the same Encouragement, and advised me to apply to Charles Paxton, Esq. I confess I was a little surprized at this, wondering what Influence that Gentleman could have in an Affair of that Importance; However, I obey’d. Mr. Paxton paid my Father a great many Compliments, and promised his Interest, assuring me he had not the least Reason to think his Honor had made any Interest to be Chief Justice, and finally advised me to wait on his Excellency, telling me the
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Governor was determined not to fill the Vacancy in Favour of his Honor or any other Gentleman, without a personal Application. I accordingly took the first Opportunity to pay my Respects to his Excellency, and found his Honor and Mr. Paxton coming from him together, and by all I can since learn, a Promise of the much sollicited Favour was obtained at that very Interview. His Excellency has more than once intimated, that the Lieutenant Governor’s Connections were too formidable to be disobliged, and yet, strange to tell, he is every Day taking Measures to strengthen them, and depress as far as in him lies, the best Friends he has met with since his Arrival among us.
From this Narrative of Facts, it appears, the Lieutenant Governor and Col. Otis sollicited the same Favour in Kind, tho’ not in Degree. In such a case no one could have doubted which should have succeeded. But ought not his Honor to have acted a more open Part than to have taken the Letter without ever answering it? Should he have accepted, or even sollicited a Place for himself, when he had promised to give his Interest in Favour of another? Should he have promised that Interest to his Friend, and kept him in Dependance upon it, after he had determined to use it for himself? If his Honor forgot his Promise, nay suppose he is certain he never made any, as certain as I am that he did; surely he can’t have forgot that he took the Letter, which alone, but especially with his Declaration of his having no Tho’ts of the Place, &c. would seem to imply a Promise. I grant his Honour had a Right to change his Mind upon what he tho’t good Reasons; and if it appeared to him either from the Flattery of his Friends, or his Opinion of his own Importance, that the Superior Court could not be tolerably filled by any Gentleman from the Bar, or elsewhere, without he would condescend to take upon him the Office of Chief Justice, in Addition to the Rest of his lucrative Places, he is highly to be praised for his disinterested Benevolence to an otherwise sinking Province. But then it would have been but consentaneous to that superlatively great, disinterested and candid Behaviour, for which his Honor is so eminently distinguish’d, if he had sooner intimated this Change of Sentiments to his old Friend, that he might either chearfully have given up his own personal Advantage for the good of the commonwealth, or have sought to other Friends to support his Pretensions. I don’t at present recollect Col. Otis ever applied to one Gentleman for his Interest but the Lieutenant Governor and Secretary, and that by the Letters above mentioned. The Application to Mr. Paxton must be considered as a Consequence only of the Application to the Secretary. I have ever taken a sincere Pleasure in saying the best Things I possibly could of his Honor, and am now ready to subscribe that this Father of his Country stands fully excused by the Example of the Father of Poets.
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Aliquando bonus dormitat Homerus.16
Homer outshines all Bards, all Heroes, and all gods; Yet Homer, the immortal Homer, sometimes nods!
Did not such Conduct as this however afford some Excuse for Offence, before it was perfectly understood? The Fruits of Col. Otis’s Friendship, as could easily be demonstrated, his Honor was at this Time enjoying. Now because a Son felt the ungrateful Treatment of a Father, real or imaginary, ought it to be presumed that every part of his Conduct flows from the foul Sources of Envy and disappointed Ambition? Because a Man imagined he had just Cause to be offended with another, does it follow he is incapable of forming a true Estimate of his Abilities, or a sound Judgment of his Intentions by his Actions?
During the whole of these Transactions, Col. Otis was at a Distance 70 Miles from Town, and upon his coming up about six Weeks after, in the ordinary Course of his Business, he was told by the Governor, that he might be appointed as the youngest Judge of the Superior Court if the Lieutenant Governor would relinquish his Pretensions: Upon which he waited on his Honor, and finding him as he informed me extremely fond of the Place of Chief Justice, and set upon having it, He never gave himself the least farther Concern about the Affair from that Day to this. The Truth is, Col. Otis at that Time would have been pleased with so reputable a Retirement from the Fatigues of his Practice at the Bar, but is and was very soon heartily glad he did not succeed in his Application, for Reasons the Public has no concern in.
It happens to be well known that since I have had the Honor of a Seat in the House of Representatives, I have in divers Instances been so hardy as to appear openly in Opposition to the Sentiments of the Lieutenant Governor. This alone in the Eyes of some is an unpardonable Sin. However, I have had the Satisfaction in more of those Instances than one, of having almost the unanimous Voice of both Houses, and to my immortal Honor his Excellency at the Head of them, approving of my Sentiments.
It is a very easy Thing to persuade an unthinking Group of prerogative Slaves, and other strange Figures, that the whole of my Conduct is to be attributed to Envy and disappointed Ambition. Such Insinuations and their Authors, great and small; I hold in greater Contempt than Words can express. The Consciousness of having acted upon honest Principles affords me infinitely more solid Satisfaction than any have in the Smiles of the Great, or the Reptile Buz of their Adherents.
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I never asked a Court Favour, and am determined I never will accept any during the present Administration. Before I belonged to the General Court, I had the Office of Advocate General unasked, and unexpectedly, by the Recommendation of the late Chief Justice PRATT, and the unmerited Good-Will of Governor POWNALL. I soon found the Place did not suit with my Way of Thinking, & resigned it after clearing by my Office about Two Guineas, instead of a Hundred Pounds Sterling per Annum, that may be made of it by those who understand & can conform to all the Ways of this World.* I am so unfashionable as to be of Opinion, that any Gentleman who accepts of a Place while he is a Representative, deserves to be branded with a Degree of Infamy, and disqualified from ever serving afterwards; at least, he should be sent home again, as such are from the House of Commons in Great Britain, in order to see if a Town will re-elect a Man who in all Probability has carried his Constituents to Market. If this were the Fate of all who lift their Hands at the Beck of Power, we should not see so many selling their Votes and their Country for a Feather, as I have often discovered in two Years Experience upon a Stage that I have trod, with as much Pain to myself, as to any one else. It may be said, I can form no Pretensions to Favour. If Independency and Freedom of Speech exclude a Man From Favour, I own I am excluded, and glory in the Exclusion. I hope I shall never be over aw’d by the Frowns, nor captivated by the Enchantments of the Great. As long as I live, I shall speak, write and act my Sentiments. I have not, nor ever had the least Inclination to act in a public Sphere, and should be much more heartily rejoiced at my Dismission, than my Enemies could be. Modern Politicians and modern Politics are my Aversion. But while I am concerned in public Business, I hope I shall ever discharge a good Conscience.
Whenever I see corrupt and arbitrary Measures, I will both oppose and expose them; and those who are active in such Measures, are at full Liberty to give my Conduct what Colouring they please. I shall only add, that should there be a Gentleman so vain as to imagine there is no Man qualified for any of the Great Offices of a Province but himself; that the Rewards of Learning and Virtue ought therefore to be monopolized, and all Power, Legislative and Executive, may be rightly concentrated in his Person, tho’ contrary to the very Spirit of the Constitution, and in direct Tendency to the Ruin of the Body Politick, I say he would be far, very far from being an Object of my Envy.
James Otis.
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I WAS agreeably surprized when I was first told that the Lieut. Governor had condescended to answer what I published last week in vindication of my conduct as a Representative, and to exculpate myself from the false accusation of enmity to his Honor. That piece was written in the spirit of love and meekness, and so shall this be. Before I had opportunity to peruse the new Gazette, I had the most delightful self-flattering imaginations. First, that after more than a year’s separation, I was like to be again upon a footing with his Honor, and invested with a right to talk to him as it were face to face. The reader will now consider his Honor abstractly from all power, but that of reason and argument. My love of peace with all men is so great, and my opinion of his Honor’s placid disposition was so high that I promised myself the pleasure of soon writing a panygeric on his benevolence. But alas! how was I astonished, grieved and disappointed to find instead of that calm serene mind we have so often heard of, anger and bitter reproaches, in spite of all the studied restraint, breaking out in almost every period and such things uttered that if they had not been signed no evidence would ever have convinced the world his Honor wrote them. I don’t recollect that I ever cast an “injurious reflection of a general nature” upon his Honour since I was born. I have indeed had frequent occasion to make particular observations upon his Honor, but have always treated him like a Gentleman and ever will. If his Honor will be pleased to point out one instance to the contrary in my writing, or in the transactions public or private, which I have had the honor to be joined with him in, I will make him any concession or satisfaction he can desire. As to the weekly ribaldry his Honor seems to complain of, he surely would act very injuriously to impute any of it to me, after I have condescended to clear myself upon oath from a piece published about two years since, imagined by some to bear hard upon him. I have been treated by name worse than his Honor ever was, or I hope ever will be, even by supposing blanks and feigned names to be applicable. I wish some Gentlemen would recollect that all the late squibs began with a most scandalous libel on Jasper Mauduit, Esq; the agent of this province by name. Such an advertisement of Mr. Bollan, tho’ dismissed from his agency, would have cost the publishers a prosecution, or I am much mistaken. But I can’t think any of the weekly puffs worthy the notice of a gentleman armed with prudence, patience, and other christian graces, superadded to the experience of thirty years in the depths of Politics. Another consideration that should make us more patient with the hebdomadal scribblers on both sides is, that a little licenciousness is an inseperable incident and consequence of the liberty of the press, which is,
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one of the great priviledges we enjoy; and tho’ I wish there was less cursing, swearing, hanging and burning in some of these entertainments, yet I can’t wish to see them under any other restraints than those of common sense and good manners, which if long kept out of sight, will most infallibly render a paper despicable, and bring on an easy death: whereas the common law restraints of fines, pillories and whipping posts, only increase a flame. For these and many other reasons, I am very glad to find the new Gazette is not published by authority, as some fondly conceived it would have been. The most distant hint of an Imprimatur is as impolitic as persecution in religion is wicked.
Two or three observations upon his Honor’s state of facts will show which of us is right, as well as a volume. The Lieut. Governor is no where expressly charged by me with acting dishonorably as he seems to suppose. My whole argument will as [incontestibly?] follow upon his Honor’s state of facts, as from mine. ’Tis but this, namely, that a real or imaginary cause of offence given my Father, ought not to be considered as the [sole?] spring and motive of all my public conduct. I am as sure, however, of the truth of my state of facts, as ’tis possible for a man to be of any thing that happened two years and an half ago. I have met with divers instances that convince me his Honor’s understanding is much superior to his memory. The vast variety of facts that take place in a gentleman’s mind who fills so many important departments, so much to the satisfaction of all but one empty declaimer, as his Honor is pleas’d to represent me, and who spends his whole time in the public service for almost nothing may be supposed to forget a little; But ’tis surprizing he should find himself under any necessity of denying: what a man has forgotten he can’t affirm the truth of; but why he “must deny,” as his Honor expresses it, I can’t conceive.
His Honor says “he express’d his doubts of his abilities to give the country satisfaction.” I supposed him sincere. Yet the next breath he denies he ever gave me any reason to suppose that he was determined to refuse the place. I would with all humility ask whether those very doubts did not furnish me with one reason to suppose his Honor would refuse? It was natural for me to conclude his Honor would not accept of a place of that importance, without a modest assurance of his own abilities. I am glad the receipt of the letter is not forgotten; and that ’tis admitted no answer was ever given to it.
His Honor in the piece I am now considering has made one or two strange mistakes in point of fact: He charges me with asserting that he “sollicited the Governor for the place of Chief Justice.” If his Honor will be pleased to peruse my piece of Monday last once more he will find I positively assert no such thing. “A promise of the much sollicited favour was obtained” are my
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words; by whom sollicited I did not say. That it was very much sollicited for his Honor, I think may be pretty fairly deduced from these words, “The Governor was pleased to say that the major voice seemed to be in my favour.” I wish his Honor had informed us who began the several conversations from time to time between his Excellency and himself, by which the reader would have been a little better enabled to judge who sollicited.
If his Honor would furnish me with a list of the company that dined at the Cattle the day he met me at Dorchester-Neck, and the time of day they dined, I should take it as a favor. I don’t remember ever meeting his Honor at that place but once, that was the Monday after judge SEWALL’s death. I dined at home mounted my horse about three in the afternoon, and just on this side the Fortification I was over taken by his Honor in his chariot with Mr Paxton. I rode more moderately than they did, for when I got down to the Neck, I found them coming over with his Excellency and Capt. Phillips. I saw no other company, understood they drank tea and return’d. They could not have been on the island an hour.
That I told his Honor that if he had any tho’ts of the place, his interest could not be expected, is natural; as ’tis that I should tell him no person would be more agreeable to Col Otis. All this was but a decent return for the many “Civil things” his Honor said but no great penetration is necessary to discover that this must have been upon supposition Col Otis should be refused; and so it was actually expressed. His Honor won’t easily persuade the world that any man can prefer the interest of a friend to his own, at the very time he is professedly seeking his own. But a mutual openness between friends is always due. The reason for not answering the letter is curious, “The son had declared that neither he nor his Father would give up their pretensions to the Lieut. Governor, nor any one else.” Had his Honor been as open, it might have saved him the loss of as good a friend, as he ever had in his life. As to the son, he could pretend to no interest, being a private man, and only a messenger to deliver the letters. Upon my being informed about a fortnight after my interview with his Honor, that the Governor had been persuaded that Col. Otis had given up his pretensions I tho’t it my duty to wait on his Excellency, and tell him, I knew of no such thing, nor did I believe it; and that the only colour for such a story was, my having said to the Lieutenant Governor and Secretary, that I believed his Honor would be more agreeable to Col. Otis than any man, if his own pretensions were rejected. But his Honour was informed that I had uttered revengeful threats, of mischief, flames &c. I wish this &c had been supplied, because I fear some of his Honor’s admirers will collect more from it than ever Lord Coke made out of one of Littleton’s. This most cruel and inhuman charge which never
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was tho’t of till the late prosecution of some of the officers of the admiralty, set on foot by a number of worthy merchants, and in which, by reason of my old acquaintance with Mr. Paxton, I would not engage until I had his express consent and advice to it, however angry he grew against me afterwards, only for the faithful discharge of an unsought trust in the way of my profession. Before this, I challenge his Honor to prove one syllable of this kind being a “town talk.”
But if this and a thousand times more was true, ’twould be no sufficient excuse for his Honor’s conduct, and neglect in not answering the letter. He was, I repeat it, under great obligations to Col. Otis, but for whose friendship, he would have been out of the council ten years ago, and in consequence of it at this time, perhaps a private gentleman. Col. Otis for years made himself more enemies by espousing his Honor’s interest, than by all the rest of his conduct in life. Often has his Honor been availed of the credit of measures at the old insurance office, that he had no more weight or influence in than I had. As often have his adorers & others blam’d Col. Otis, for measures he was trying to moderate, and which a former Governor was spurr’d on to by the present prime minister of this province. All this considered, should not his Honor have wrote his friend, that his son was ruining his father’s interest? Wou’d it have been an infinite condescention to have sent for the son, and have dealt with him in a christian-like manner? But his Honor “tho’t it most prudent to say nothing to Mr. Otis or his father upon the subject,” ’till the place was secured to himself; and then he never said a word to either, of those terrible threats. His Honor’s doubts of his abilities were now wonderfully cleared up, and “a call in providence was conscientiously listened to for the good of the people” a loud trumpeting by his relations and friends, that no other man in the province was fit for such a trust in point of capacity, or integrity, may be pretty well remembered, if intimations of the same kind never escaped his Honor. How far his Majesty has given his sanction to such an opinion, may be partly collected from his appointing BENJAMIN PRAT, Esq; to be Chief Justice of N. York.
His Honor roundly asserts he soon after had reason to suspect that those threats were carrying into execution. That his Honor is suspicious, I will not dispute; but that he had soon after, or even to this day has, one solid reason to suspect me guilty of what he has prejudged, I defy him to prove. Suspicion is a very different thing in my logic, from reason for suspicion. I call upon his Honor therefore for his reason, and he may depend upon it ’tis of more importance to him to take care & muster up a good reason for this assertion, than to vindicate himself against any thing I said of him last Monday, which is however all literally true; and if it could be doubted his
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Honor’s paper of this day has confirm’d it, in the opinion and, to the grief, of some of his best friends. His Honor must not flatter himself that the world will readily believe all the hard things he has been pleased to say of me, meerly upon his suspicion. ’Tis probable enough that I might say about the time refer’d to, that I fear’d his Honour would never cease engrosing places of power & profit for himself, his family, and dependents, ’till he had set the province in a flame. That is not only my present opinion, but I believe the opinion of some thousands who never saw his Honor ’till he rode the circuits. Unreasonable and unbounded desires of power and profit, and of such places as can’t be legally executed by the same man, are apt to generate arbitrary power, oppression, uneasiness, animosities, civil dissentions, and in independent states, civil wars; but then these evils are to be attributed to those who usurp undue dominion, not to those who oppose it. After all, if the pretended threats were uttered, which I am satisfied never were, every unprejudiced man of common humanity would excuse them as rash unadvised words of heat and passion, especially, when uttered in the cause of an injured father, and, as there has been nothing done by me to disturb the quiet of the province, which is as loyal as any one in the dominions, and if his Honor would resign his seat at the council-board, would be free from any uneasiness. All the apprehension of animosities & civil wars, had therefore better have been spared, as it will answer no end but, what I dare say his Honor never intended, namely, to make the people of England look upon us in a very bad light, forward attempts to alter our constitution, and have a tendency to procure a standing army, to dragoon us into passive obedience. How much better effects are to be expected from a proclamation his Excellency was ill advised to issue last fall? It seems some of our Fathers took a strong aversion to bonfires, squibs and crackers, in consequence of which the populace were restrain’d from those marks of loyalty on the anniversary of the King’s accession, I think it was. Some of the little Boys and negroes vented their rage at this disappointment upon the lower windows in the Town-House. This affair was dress’d up in the proclamation in such a manner, that I fear a stranger would mistake us all for a parcel of Jacobites, it being impossible to find by the proclamation that loyalty misguided was the occasion of this loss of glass to the public, which however I have good reason to suspect was the case, as most of the persons I saw from the Council Chamber, were children who could not be supposed to know the difference between a Jacobite & a Jebusite. Twenty Pounds were offered for discovering the offenders; yet the windows were left unmended for some weeks, as was said, for fear of a remonstrance from the House against the expence: A genteel rebuke to the House, for daring
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to remonstrate about a month before, against the Governor and Council’s arming vessels without their consent.
His Honor tells us the emoluments of his lucrative posts “are easily cast up”; but as the particulars are not in the power of every man to find out, I wish an account current had been stated. His Honor condescends to express his readiness to resign his office of Chief Justice, whenever the people shall desire it. His Honor is quite safe: his Excellency long ago informed him the majority were of his side; and if they were not, they can have no vote in the matter. I never heard any man contend that he should be deprived of his office of Chief Justice, or of his place of Lt. Governor, which I think are enough for any gentleman to hold. The office of judge of probate is incompatible with that of chief justice; and the commission for the latter, is in law a supersedeas17 of the former. So is the commission to be judge of the Superior Court, to that for the admiralty. And all acts & decrees made below after such superior commission, are illegal and void. There is no point of law clearer than this. If the salaries and perquisites of the chief justice will not maintain him with dignity, I am for his having more pay, not more offices and power. I have always contended for this in the House, and ever shall while I have the honour of a seat there. I have long tho’t it and am far from being singular in my opinion, a great grievance, that the chief justice should have a seat in the council; and consequently so great a share of influence in making those very laws he is appointed to execute upon the lives and property of the people. But this opinion affects all the judges of the superior court, and can’t therefore be founded on any particular prejudice to his Honor.
His Honor towards the close hath furnished us with a new kind of political catechism. It manifestly appears from some of the questions, that his Honor would not only have me subjected to the infamous character and punishment of a common Barrator, but to something far worse. What his Honor’s ultimate wishes were when he wrote those genteel queries, I shall leave; first observing that I can’t trace the least appearance of a wish for my amendment, or good estate hereafter. I shall take my leave of the performance, by wishing his Honor, health and prosperity in this life; that he may be made a great blessing to the province in his office of chief justice; that he may receive the rewards of virtue here, and be finally crowned with a happy immortality.
James Otis.
Boston, April 7, 1763.
