University of Virginia Library

G. APPENDIX G.

[Page 63.]

The following paragraphs respecting the piece over the signature
of Mucius Scævola, published in the Massachusetts Spy, No. 37, November
14, 1771, are extracted from the Evening Post and the Gazette,
of the Monday following.

"We hear that at a council held at the Council Chamber last
Saturday, a piece signed Mucius Scævola, published in the Massachusetts
Spy of November 14th, printed by Isaiah Thomas, was taken
into consideration, when it was unanimously ordered, that the Attorney
General be directed to prosecute the publisher thereof.—It is
said the piece referred to above (from its nature, and tendency), is the
most daring production ever published in America."—Boston Evening
Post."

"On Friday last, in the afternoon, his Excellency the Governor laid
before the Council for their advice thereon, a paper in the Massachusetts
Spy of Thursday, signed Mucius Scævola, said to contain
divers seditious expressions, &c. The council after debating till
sundown adjourned till the next day, when they met again and sent
for the printer, who in answer to the summons, told the messenger
he was busy in his office, and should not attend: Upon which it is
said a motion was made for his commitment to prison for contempt—
but did not obtain. Whether the abundant lenity of the honourable
Board, or from their having no legal authority in the case, has not yet
transpired to us.—The final result was, their unanimous advice to the
Governour to order the King's Attorney to prosecute the Printer at
Common-Law."—Boston Gazette.

Joseph Greenleaf, a justice of the peace for the county of Plymouth,
being suspected of having some concern, either as a writer,
or otherwise, in The Massachusetts Spy, received a summons of the
purport following, which he laid before the public in the Spy of November
22, 1771.

Greenleaf did not obey the summons, and on the 12th of December
following, the Boston News-Letter, [Court Gazette] contained
the proceedings of the Governor and Council of the 10th of that
month in consequence thereof, viz.

The following fact I relate, principally with a view to show that
one of the most eminent patriots, who was concerned in achieving
our revolution, and of whose love for his country many instances are
recorded, although he was so unfortunate as to become mentally deranged,

yet he still retained his political integrity, and his amor patriæ
was not extinguished.

The Hon. James Otis was a lawyer of great note and distinction.
Under him the late president of the United States, Mr. Adams,
studied law, and became qualified for the bar. Mr. Otis's great misfortune
originated in a dispute with Mr. Robinson, one of the commissioners
of the customs in Boston. The unhappy disagreement
terminated in an affray, in which Mr. Otis received a blow on his
head, which occasioned, through the remainder of his life, lucid intervals
excepted, a derangement of his intellects. During those intervals
he still paid considerable attention to politics. On account of his
disorder he was put under the care of a physician at Andover, and, at
that place, in May, 1783, whilst leaning on his cane, at the door of a
house, "he was struck by a flash of lightning, which instantly liberated
his spirit from its shattered tenement."[1] Mr. Adams was in France
when this fatal occurrence took place; but he there heard of the
death of the unfortunate Otis; and, on that occasion, wrote to a friend
in America, as follows: "It is with very afflicting sentiments I
learned the death of Mr. Otis, my worthy master. Extraordinary in
death as in life, he has left a character that will never die whilst the
American revolution remains, whose foundation he laid with an energy
and with masterly abilities which no other man possessed."

I have mentioned the consequences which resulted from the publication
of Mucius Scævola; but, notwithstanding I, afterward, ventured
to republish some very strong addresses to the king, which had
appeared in English papers. These addresses were very offensive to
the officers of the crown, and produced considerable agitation. A
prosecution was expected to take place; and, I was informed by
some friends, on whose intelligence I thought I could place full reliance,
that Governor Hutehinson had said, that, "in order to secure
a verdict against rue stronger ground would be taken than in the case
of Mucius Scævola." Some weeks before the most obnoxious of these
addresses appeared in the Massachusetts Spy, Mr. Otis, who was then
under the influence of his disorder, called at my house one evening,
and desired to have a private conference with me in what he called

"my sanctum sanctorum;" meaning a private apartment,[2] adjoining
the printing rooms, up two pair of stairs. The workmen had retired,
and we ascended to the place he mentioned; where being seated in
due form, he demanded two sheets of paper and scissors, which I presented
to him. He doubled each sheet, and after putting them together,
in a formal manner, indented them at the top. On one of
the sheets of paper he wrote his private signature, and demanded my
countersign on the other, which I gave him. He folded it carefully,
deposited it in his pocket, left the other with me and having assured
me I should hear from him, he departed.

From this period I had no communication of any kind with Mr.
Otis, until the report of a prosecution, on account of publishing the
addresses to the king, became very prevalent. On that occasion he
again appeared, and was apparently perfectly composed, and in the
undisturbed possession of reason. He informed me, that he had
heard much of my having published an address to the king; and that
in consequence, a prosecution seemed to impend, in terrorem, over
me. As he had not seen the address in question, I handed him the
paper which contained it; and, sitting down, he read it very attentively.
After reading it once, he went over the same again, paragraph
by paragraph, repeating at the end of each, "There is no
treason in that." When he came to the strongest passage, he
paused—read it again and again—and, after pondering upon it
some time, he exclaimed, "Touch and go, by G—." Having read
the address entirely through the second time, he civilly assured me
that, on due consideration, he was convinced the whole of it was defensible,
and that in case the prosecution should take place, he would
voluntarily come forward in my defence, without fee or reward; or,
would point out to my counsel the ground of defence, which, in his
opinion, ought to be taken.

He appeared to be animated by the subject to such a degree as
produced some agitation; but on taking leave he said, "James Otis
still retains some knowledge of law." The projected prosecution fell
to the ground, and I saw Mr. Otis no more.