comfortably warm sun-shine: the Highlanders chaced them vigorously towards Charles's river, and the fifty-eighth to the suburb close to John's gate, until they were checked by the cannon from the two hulks; at the same time a gun, which the town had brought to bear upon us with grape-shot, galled the progress of the regiments to the right, who were likewise pursuing with equal ardour, while Colonel Hunt Walsh, by a very judicious movement, wheeled the battalions of Bragg and Kennedy to the left, and flanked the coppice where a body of the enemy made a stand, as if willing to renew the action; but a few platoons from these corps completed our victory. Then it was that Brigadier Townshend came up, called off the pursuers, ordered the whole line to dress, and recover their former ground. Our joy at this success is inexpressibly damped by the loss we sustained of one of the greatest heroes which this or any other age can boast of,- GENERAL JAMES WOLFE, who received his mortal wound, as he was exerting himself at the head of the grenadiers of Louisbourg.

. . . The Sieur de Montcalm died late last night; when his wound was dressed, and he settled in bed, the Surgeons who attended him were desired to acquaint him ingenuously with their sentiments of him, and, being answered that his wound was mortal, he calmly replied, ‘he was glad of it:' his Excellency then demanded, 'whether he could survive it long, and how long?' He was told, 'about a dozen hours, perhaps more, peradventure less.' 'So much the better,' rejoined this eminent warrior; 'I am happy I shall not live to see the surrender of Quebec.'

...

--

After our late worthy General, of renowned memory, was carried off wounded, to the rear of the front line, he desired those who were about him to lay him down; being asked if he would have a Surgeon? he replied, 'it is needless; it is all over with me.' One of them then cried out, 'they run, see how they run.' 'Who runs!' demanded our hero, with great earnestness, like a person roused from sleep? The Officer answered, 'The enemy, Sir; Egad they give way every-where.' Thereupon the General rejoined, Go one of you, my lads, to Colonel Burton ; tell him to march Webb's regiment with all speed down to Charles's river, to cut off the retreat of the fugitives from the bridge.' Then, turning on his side, he added, 'Now, God be praised, I will die in peace' and thus expired.

Captain John Knox, An Historical Journal of the Campaigns in NorthAmerica [1757-1760], (London, 1769), II, 65-79 passim.

✓CAUSES

PART VI

CAUSES OF THE REVOLUTION

CHAPTER XXI-NEW CONDITIONS OF ENGLISH CONTROL

130. The Character of George Third (1758)

BY JAMES, EARL OF WALDEGRAVE

Waldegrave was at one time tutor of the young prince. — Bibliography: Donne, Correspondence of George III; Mahon, England, VL, 100, and Appendix; Lecky, England, III, 10-14.

THE

HE Prince of Wales is entering into his 21st year, and it would be unfair to decide upon his character in the early stages of life, when there is so much time for improvement.

His parts, though not excellent, will be found very tolerable, if ever they are properly exercised.

He is strictly honest, but wants that frank and open behaviour which makes honesty appear amiable.

When he had a very scanty allowance, it was one of his favorite maxims that men should be just before they are generous: his income is now very considerably augmented, but his generosity has not increased in equal proportion.

His religion is free from all hypocrisy, but is not of the most charitable sort; he has rather too much attention to the sins of his neighbour.

He has spirit, but not of the active kind; and does not want resolution, but it is mixed with too much obstinacy.

He has great command of his passions, and will seldom do wrong, except when he mistakes wrong for right; but as often as this shall happen, it will be difficult to undeceive him, because he is uncommonly indolent, and has strong prejudices.

His want of application and aversion to business would be far less dangerous, was he eager in the pursuit of pleasure; for the transition

from pleasure to business is both shorter and easier than from a state of total inaction.

He has a kind of unhappiness in his temper, which, if it be not conquered before it has taken too deep a root, will be a source of frequent anxiety. Whenever he is displeased, his anger does not break out with heat and violence; but he becomes sullen and silent, and retires to his closet; not to compose his mind by study or contemplation, but merely to indulge the melancholy enjoyment of his own ill humor. Even when the fit is ended, unfavorable symptoms very frequently return, which indicate that on certain occasions his Royal Highness has too correct a memory.

Though I have mentioned his good and bad qualities, without flattery, and without aggravation, allowances should still be made, on account of his youth, and his bad education: for though the Bishop of Peterborough, now Bishop of Salisbury, the preceptor; Mr. Stone, the sub-governor; and Mr. Scott, the sub-preceptor, were men of sense, men of learning, and worthy, good men, they had but little weight and influence. The mother and the nursery always prevailed.

During the course of the last year, there has, indeed, been some alteration; the authority of the nursery has gradually declined, and the Earl of Bute, by the assistance of the mother, has now the intire confidence. But whether this change will be greatly to his Royal Highness's advantage, is a nice question, which cannot hitherto be determined with any certainty.

James [2d] Earl Waldegrave, Memoirs from 1754 to 1758 (edited by H. R. V. Fox, London, 1821), 8–10.

131. Argument on Writs of Assistance (1761)

BY JAMES OTIS

(REPORTED BY JOHN ADAMS)

Otis was a Boston lawyer whose powers of debate and fervid oratory made him the most prominent of the Americans in the first phase of the Revolution. This argument was a public assertion of the right of the colonists to be free from a means of executing the acts of trade. - Bibliography: Tyler, Literary History of the Revolu tion, I, 36-52; William Tudor, Life of Otis; Winsor, Narrative and Critical History, VI, 68-70; Channing and Hart, Guide, §134. On the acts of trade, see Contem poraries, I, No. 54, and above, Nos. 45, 55, 87.

I

MAY IT PLEASE YOUR HONORS,

WAS desired by one of the Court to look into the books, and consider the question 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 villany 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 an 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 discerned, and the force of them be better felt. I shall not think much of my pains in this cause, as I engaged in it from principle. I was solicited to argue this cause as Advocate-General; and because I would not, I have been charged with desertion from my office. To this charge I can give a very sufficient answer. I renounced that office, and I argue this cause, from the same principle; and I argue it with the greater pleasure, as it is in favor of British liberty, at a time when we hear the greatest monarch upon earth declaring from his throne that he glories in the name of Briton, and that the privileges of his people are dearer to him than the most valuable prerogatives of his crown; and as it is in opposition to a kind of power, the exercise of which, in former periods of English history, cost one King of England his head, and another his throne. I have taken more pains in this cause, than I ever will take again, although my engaging in this and another popular cause has raised much resentment. But I think I can sincerely declare, that I cheerfully submit myself to every odious name for conscience' sake; and from my soul I despise all those, whose guilt, malice, or folly has made them my foes. Let the consequences be what they will, I am determined to proceed. The only principles of public conduct, that are worthy of a gentleman or a man, are to sacrifice estate, ease, health, and

applause, and even life, to the sacred calls of his country. These manly sentiments, in private life, make the good citizen; in public life, the patriot and the hero. I do not say, that when brought to the test, I shall be invincible. I pray God I may never be brought to the melancholy trial; but if ever I should, it will be then known how far I can reduce to practice principles, which I know to be founded in truth. In the mean time I will proceed to the subject of this writ.

In the first place, may it please your Honors, I will admit that writs of one kind may be legal; that is, special writs, directed to special officers, and to search certain houses, &c. specially set forth in the writ, may be granted by the Court of Exchequer at home, upon oath made before the Lord Treasurer by the person who asks it, that he suspects such goods to be concealed in those very places he desires to search. The act of 14 Charles II. which Mr. Gridley mentions, proves this. And in this light the writ appears like a warrant from a Justice of the Peace to search for stolen goods. 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 you 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. In the third place, a person with this writ, in the daytime, may enter all houses, shops, &c. at will, and command all to assist him. Fourthly, by this writ not only deputies, &c., but even their menial