Lamb, Charles: A Quakers' Meeting.

Longfellow, H. W.: The Courtship of Miles Standish.

The Phantom Ship.

Shore, W. Teignmouth: John Woolman: His Life and Our Times. Stimson, F. J.: King Noanett.

Stowe, H. B.: The Mayflower.

Whittier, J. G.: The Prophecy of Samuel Sewall.

The Garrison of Cape Ann.

(See also General Bibliography, supra, p. 3.)

CHAPTER II

THE REVOLUTIONARY ERA

I. Orations and State Papers

Most of the writings of the Revolutionary era savored of the life of the times. Pamphlets and essays, embodying petitions, appeals, or speeches, were the popular form in which the literature of the day reflected the political struggle of the age. Among the defenders of liberty of the Revolutionary and post-Revolutionary periods were James Otis, Benjamin Franklin, George Washington, Patrick Henry, Thomas Paine, Alexander Hamilton, and Thomas Jefferson. The writings of these men bear no mean comparison with the speeches and political pamphlets of the great contemporary English statesmen, Chatham, Fox, and Burke.

I. James Otis (1725-1783) was a member of the Massachusetts House of Representatives, and a delegate to the Stamp Act Congress in 1765. He is known as the Patrick Henry of New England. His argument against Writs of Assistance, delivered before the Superior Court in Boston in 1761, is often called the Prologue to the Revolution. John Adams, who likened Otis to a flame of fire, said that in this oration American independence was born.

IN OPPOSITION TO WRITS OF ASSISTANCE

(From Otis's Speech)

May it please your honors, I was desired by one of the court to look unto the books, and consider the question

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now before them concerning writs of assistance. I have, accordingly, considered it, and now appear not only in obedience to your order, but likewise in behalf of the inhabitants of this town, who have presented another petition, and out of regard to the liberties of the subject. And I take this opportunity to declare that, whether under a fee or not (for in such a cause as this I despise a fee), I will to my dying day oppose with all the powers and faculties God has given me all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is.

It appears to me the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book. I must, therefore, beg your honors' patience and attention to the whole range of argument that may, perhaps, appear uncommon in many things, as well as to points of learning that are more remote and unusual; that the whole tendency of my design may the more easily be perceived, the conclusions better descend, and the force of them be better felt.

Your honors will find in the old books concerning the office of a justice of the peace precedents of general warrants to search suspected houses. But in more modern books, you will find only special warrants to search such and such houses, specially named, in which the complainant has before sworn that he suspects his goods are concealed; and will find it adjudged that special warrants only are legal. In the same manner I rely on it, that the writ prayed for in this petition, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. I say I admit that special writs of assistance, to search special places, may be granted to certain persons on oath; but I deny that the writ now prayed for can be granted, for I beg leave to make some observations on the writ itself, before I proceed to other Acts of Parliament.

In the first place, the writ is universal, being directed "to all and singular justices, sheriffs, constables, and all other officers and subjects"; so that, in short, it is directed to every subject in the king's dominions. Every one with this writ may be a tyrant; if this commission be legal, a tyrant in a legal manner, also, may control, imprison, or murder any one within the realm.

In the next place, it is perpetual; there is no return. A man is accountable to no person for his doings. Every man may reign secure in his petty tyranny, and spread terror and desolation around him, until the trump of the arch-angel shall excite different emotions in his soul.

In the third place, a person with this writ, in the daytime, may enter all houses, shops, etc., at will, and command all to assist him.

Fourthly, by this writ, not only deputies, etc., but even their menial servants, are allowed to lord it over us. What is this but to have the curse of Canaan with a witness on us; to be the servant of servants, the most despicable of God's creation?

Now one of the most essential branches of English liberty is the freedom of one's house. A man's house is his castle; and while he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally annihilate this privilege. Custom-house officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient. This wanton exercise of this power is not a chimerical suggestion of a heated brain.

I will mention some facts. Mr. Pew had one of these writs, and when Mr. Ware succeeded him, he indorsed this writ over to Mr. Ware; so that these writs are negotiable from one officer to another, and so your honors have no opportunity of judging the persons to whom this vast power is delegated. Another instance is this: Mr. Justice Walley had called this same Mr. Ware before him,

by a constable, to answer for a breach of the Sabbath Day Acts, or that of profane swearing. As soon as he had finished, Mr. Ware asked him if he had done. He replied: "Yes." "Well, then," said Mr. Ware, "I will show you a little of my power. I command you to permit me to search your house for uncustomed goods"; and went on to search the house from the garret to the cellar, and then served the constable in the same manner! But to show another absurdity in this writ, if it should be established, I insist upon it that every person, by the 14th of Charles II., has this power as well as the custom-house officers. The words are: "It shall be lawful for any person or persons authorized," etc. What a scene does this open! Every man prompted by revenge, ill humor, or wantonness, to inspect the inside of his neighbor's house, may get a writ of assistance. Others will ask it from self-defense; one arbitrary exertion will provoke another, until society be involved in tumult and in blood.

Petter to a hoble ford:

(Here the report of the speech ends. The rest was afterward written up by John Adams.)

2. Benjamin Franklin (1706-1790), "the sage, statesman, and scientist," next to Washington, was the greatest American of the eighteenth century. His signature is found on four celebrated American documents, the Declaration of Independence, the Treaty of Alliance with France, the Treaty of Peace with England, and the Constitution. His best literary product, however, was not of a political nature. He first became widely known through his wise saws which appeared in Poor Richard's Almanac, published annually for a quarter of a century, from 1733 on. Franklin spent his nights and days studying Addison in order to improve his literary style and the effect of this study is much in evidence in his Autobiography, which is the most readable book published in America during the eighteenth century.

(Since Franklin's best literary product was not of a political nature, a passage from his Autobiography is added to the extract which places him here.)