.

proper for them to report. I modestly suggested to them the propriety of leaving out many of those popular and elegant periods, and of discussing the question, with the governor, upon principles more especially legal and constitutional. The gentlemen very civilly requested me to undertake the task, and I agreed to attempt it. The committee met from evening to evening, and I soon made my report. I drew a line over the most eloquent parts of the oration they had before them, and reduced those legal and historical authorities which appear on the record. It is more than forty years since I have seen any one of those papers which composed the controversy, and I know not how they would appear to the present generation, no indeed, how they would appear to myself. They stand upon record and were printed together, in a pamphlet, and no doubt in the newspapers. They ought to be looked up, for the effect of them upon public opinion was beyond expectation. The governor's reasoning, instead of convincing the people that parliament had sovereign authority over them in all cases whatsoever, seemed to convince all the world that parliament had no authority over them, in any case whatsoever. Mr. Hutchinson really made a meagre figure in that dispute. He had waded beyond his depth. He had whollymisunderstood the legal doctrine of allegiance. In all great affairs there is always something ridiculous; et malheureusement, j'ai toujours ete trop inclina a saisir les ridicules. I had quoted largely from a law authority which no man in Massachusetts, at that time, had ever read. Hutchinson and all his law counsels were at fault. They dared not deny it, lest the book should be produced to their confusion. It was humorous enough to see how Hutchinson wriggled to evade it. He found nothing better to say than that “it was the artificial reasoning of Lord Coke." The book was Moore's Reports. The owner of it, for alas, master, it was borrowed, was a buyer, but not a reader of books. It had been Mr. Gridley's."

From this statement it must be very clear that, while Samuel Adams framed the body of the answer, it was his more distinguished kinsman who breathed into it the soul; that, while without his help it might have ranked as a very pretty patriotic declaration, it was the master hand and mind of John Adams which gave it its vital power, and made it, as it is even to-day, a significant argument to the point.

Hutchinson's reply was very lame. He recast his argument, falling back upon the right of eminent domain, to sustain the theory that British subjects, in every part of the world, held their lands from the crown of England, not from the king as an individual, and that an obligation to submit to the authority of the crown was a necessary correlative of such tenure. This was, in effect, to claim that the colonists of Massachusetts were feudatories of the crown, and such argument was equivalent to a desertion of the ground which he had formerly taken. Of course, such vacillation did not strengthen his case. It was, in fact, practically an admission of defeat.

If he was before defeated, he had now opened the way for annihilation. The committee again consulted Adams, who prepared an admirable rebuttal of Hutchinson's new argument, which completely drove the latter from the field, earning him the contempt of the colonists, and bringing upon him the criticism of the administration to which he was so servilely devoted.

Hutchinson's influence, and consequent value to the home government, was very much impaired by this faux pas, and, very shortly afterward, came the finishing stroke. By some agency never fully explained, there came into the possession of Mr. Adams and his few stanch and confidential associates, a number of letters written by Hutchinson and his friends to correspondents in England. These letters made a sensation, even among those who had none too great confidence in the governor; they had before given him credit for a certain measure of sincerity; they now discovered that he was a Judas, trafficking in the liberties of his countrymen, in the coolest and most calculating manner. The possession of the letters was for a time kept for the most part a secret, none but the faithful being informed of their existence. Then it was deemed wise to extend the knowledge to some honest men who, misled by Hutchinson's arguments, were wavering in their allegiance to the patriot cause. Among these was John Hancock. Never so much of a man as he has had credit for being, the most wealthy colonist of Massachusetts, conceited, and easily offended, he was out of conceit with Adams and others. of his old associates, and already found his friends and advisers in the opposite camp. A timely reading of Hutchinson's letters brought him at once to his senses, and he joined heartily in the effort which was later made to secure the removal of the obnoxious and treacherous governor. On May 25, 1773, occurred the annual election of members of the general assembly. Friends of Mr. Adams so persistently urged him to accept an election to the council, and supported their request by appeals to his public spirit, so strong that he was induced to give over his determination to remain aloo from public affairs and consent to the use of his name. He was elected by a very large majority, but, having done what he deemed the right, was still saved from the service he so little desired, by the act of the governor, who exercised his right of objection, and prevented him from assuming his seat. No sooner had the general court met than the letters of Hutchinson and his associates were published, and were made the basis of a petition of the general court to the king, praying the removal of Hutchinson from his post of governor, and, also, of Andrew Oliver, who was then lieutenant-governor. It seemed extremely unlikely that the expressed wish of the colonists should avail against either, and the petition was, in fact, ignored, but other considerations compassed the desired end. Hutchinson had made so many mistakes and was so completely unmasked before the people that his usefulness was over. Being severely criticized in England, he later sent a request to be allowed to explain his action in person, and receiving it, sailed from Bos

proper for them to report. I modestly suggested to them the propriety of leaving out many of those popular and elegant periods, and of discussing the question, with the governor, upon principles more especially legal and constitutional. The gentlemen very civilly requested me to undertake the task, and I agreed to attempt it. The committee met from evening to evening, and I soon made my report. I drew a line over the most eloquent parts of the oration they had before them, and reduced those legal and historical authorities which appear on the record. It is more than forty years since I have seen any one of those papers which composed the controversy, and I know not how they would appear to the present generation, nor indeed, how they would appear to myself. They stand upon record and were printed together, in a pamphlet, and no doubt in the newspapers. They ought to be looked up, for the effect of them upon public opinion was beyond expectation. The governor's reasoning, instead of convincing the people that parliament had sovereign authority over them in all cases whatsoever, seemed to convince all the world that parliament had no authority over them, in any case whatsoever. Mr. Hutchinson really made a meagre figure in that dispute. He had waded beyond his depth. He had whollymisunderstood the legal doctrine of allegiance. In all great affairs there is always something ridiculous; et malheureusement, j'ai toujours ete trop inclina a saisir les ridicules. I had quoted largely from a law authority which no man in Massachusetts, at that time, had ever read. Hutchinson and all his law counsels were at fault. They dared not deny it, lest the book should be produced to their confusion. It was humorous enough to see how Hutchinson wriggled to evade it. He found nothing better to say than that "it was the artificial reasoning of Lord Coke." The book was Moore's Reports. The owner of it, for alas, master, it was borrowed, was a buyer, but not a reader of books. It had been Mr. Gridley's."

From this statement it must be very clear that, while Samuel Adams framed the body of the answer, it was his more distinguished kinsman who breathed into it the soul; that, while without his help it might have ranked as a very pretty patriotic declaration, it was the master hand and mind of John Adams which gave it its vital power, and made it, as it is even to-day, a significant argument to the point.

Hutchinson's reply was very lame. He recast his argument, falling back upon the right of eminent domain, to sustain the theory that British subjects, in every part of the world, held their lands from the crown of England, not from the king as an individual, and that an obligation to submit to the authority of the crown was a necessary correlative of such tenure. This was, in effect, to claim that the colonists of Massachusetts were feudatories of the crown, and such argument was equivalent to a desertion of the ground which he had formerly taken. Of course, such vacillation did not strengthen his case. It was, in fact, practically an admission of defeat.

If he was before defeated, he had now opened the way for annihilation. The committee again consulted Adams, who prepared an admirable rebuttal of Hutchinson's new argument, which completely drove the latter from the field, earning him the contempt of the colonists, and bringing upon him the criticism of the administration to which he was so servilely devoted.

Hutchinson's influence, and consequent value to the home government, was very much impaired by this faux pas, and, very shortly afterward, came the finishing stroke. By some agency never fully explained, there came into the possession of Mr. Adams and his few stanch and confidential associates, a number of letters written by Hutchinson and his friends to correspondents in England. These letters made a sensation, even among those who had none too great confidence in the governor; they had before given him credit for a certain measure of sincerity; they now discovered that he was a Judas, trafficking in the liberties of his countrymen, in the coolest and most calculating manner. The possession of the letters was for a time kept for the most part a secret, none but the faithful being informed of their existence. Then it was deemed wise to extend the knowledge to some honest men who, misled by Hutchinson's arguments, were wavering in their allegiance to the patriot cause. Among these was John Hancock. Never so much of a man as he has had credit for being, the most wealthy colonist of Massachusetts, conceited, and easily offended, he was out of conceit with Adams and others of his old associates, and already found his friends and advisers in the opposite camp. A timely reading of Hutchinson's letters brought him at once to his senses, and he joined heartily in the effort which was later made to secure the removal of the obnoxious and treacherous governor. On May 25, 1773, occurred the annual election of members of the general assembly. Friends of Mr. Adams so persistently urged him to accept an election to the council, and supported their request by appeals to his public spirit, so strong that he was induced to give over his determination to remain aloo from public affairs and consent to the use of his name. He was elected by a very large majority, but, having done what he deemed the right, was still saved from the service he so little desired, by the act of the governor, who exercised his right of objection, and prevented him from assuming his seat. No sooner had the general court met than the letters of Hutchinson and his associates were published, and were made the basis of a petition of the general court to the king, praying the removal of Hutchinson from his post of governor, and, also, of Andrew Oliver, who was then lieutenant-governor. It seemed extremely unlikely that the expressed wish of the colonists should avail against either, and the petition was, in fact, ignored, but other considerations compassed the desired end. Hutchinson had made so many mistakes and was so completely unmasked before the people that his usefulness was over. Being severely criticized in England, he later sent a request to be allowed to explain his action in person, and receiving it, sailed from Bos

ton never again to see the land which he had both loved and wronged. Hutchinson out of the way, the attention of the general court was turned to the question of judicial salaries. Strong efforts were made to induce the judges to refuse to accept payment from the home government, but these developed the fact that the chief justice had already drawn his salary for eighteen months; that three of the judges were inclined to the same course, and that only one-Trowbridge-could be depended upon to respect the will of the people. This seemed a hopeless case; the crown, the governor, the council, the judges themselves-all were arrayed in support of the outrageous measure, and there seemed, indeed, no recourse but in submission. The house had drawn up a petition demanding the removal of the chief justice, and had even gone so far as to vote the adjournment of the superior court, for three days, after the commencement of the term, to prevent his sitting, pending the action of the governor and council in the premises. Of course the petition was not considered, as the governor and council could scarcely have reversed the edict of king and parliament. At this juncture, Mr. Adams attended a large and mixed dinner party, at the house of Mr. Samuel Winthrop. The conversation was almost entirely regarding the judicial question. After nearly every person at the table had spoken, the last, turning to Mr. Adams, said, "Mr. Adams, we have not heard your sentiments on this subject; how do you consider it?" He answered that his own sentiments had been expressed by others; that, if nothing could be done to defeat the measures of the crown, the ruin of the province would be accomplished.

"But," said Dr. Winthrop, "what can be done?"

Adams answered: "I know not whether any one will approve of my opinion, yet I believe there is one constitutional resource.

Several voices at once cried out: "A constitutional resource; what can it be?"

"It is," said Mr. Adams, "nothing more nor less than an impeachment of the judges, by the house of representatives, before the council."

These words created the greatest excitement. Some cried out that such a course was without precedent.

"I believe it is so," said Adams, "in this province, but there have been precedents enough, and by much too many, in England. It is a dangerous experiment at all times, but it is essential to the preservation of the constitution, in some cases, that could be reached by no other power but that of impeachment."

"But whence can we pretend to derive such power,' was the next question.

"From our charter, which gives us, in words as express, as clear, and as strong as the language affords, all the rights of Englishmen, and, if the house of commons, in England, is the grand inquest of the nation, the