There is no more honorable passage in the history of New England than the one which records the trial and acquittal of Captain Preston and his men, in the midst of the passionate excitements of that time, by a jury of the town maddened to a rage but a few months before by the blood of her citizens shed in her streets.

In 1774 he went to England, partly for his health, which had suffered much from his intense professional and political activities, and also as a confidential agent of the Revolutionary party to consult and advise with the friends of America there. His presence in London coming as he did at a most critical moment excited the notice of the ministerial party, as well as of the opposition. The Earl of Hillsborough denounced him, together with Dr. Franklin, in the House of Lords, "as men walking the streets of London who ought to be in Newgate or Tyburn." The precise results of his communications with the English Whigs can never be known. They were important enough, however, to make his English friends urgent for his immediate return to America, because he could give information which could not safely be committed to writing. His health had failed seriously during the latter months of his residence in England, and his physicians strongly advised against his taking a winter voyage.

His sense of public duty, however, overbore all personal considerations, and he set sail on the 16th of March, 1775, and died off Gloucester, Massachusetts, on the 26th of April.

The citizens of Gloucester buried him with all honor in their graveyard; after the siege of Boston, he was removed and placed in a vault in the burying ground in Braintree. Josiah Quincy was barely thirty-one years of age when he thus died.

His father, Colonel Quincy lived on at Braintree during the whole of the war. He died on March 3rd, 1784.

His passion for field sports remained in full force till the end, for his death was occasioned by exposure to the winter's cold, sitting upon a cake of ice, watching for wild ducks, when he was in his seventy-fifth year.

Samuel Quincy, the subject of this memoir, was the second son of Colonel Josiah Quincy, and the brother of Josiah, Junior, and Edmund. He was born in that part of Braintree now Quincy, April 23, 1735. He graduated at Harvard College in 1754, and studied law with Benjamin Pratt.

Endowed with fine talents, Mr. Quincy became eminent in the profession of the law, and succeeded Jonathan Sewall as Solicitor-General of Massachusetts. He was the intimate friend of many of the most distinguished men of that period, among whom was John Adams. They were admitted to the bar on the same day, Nov. 6, 1758.

As Solicitor for the Crown, he was engaged with Robert Treat Paine in the memorable trial of Capt. Preston, and the soldiers in 1770; his brother was opposed to him on that occasion, and both reversed their party sympathies in their professional position. It was plain to all sagacious observers of the signs of the times, that the storm of civil war was gathering fast; and it was sure first to burst over Boston. It was a time of stern agitation, and profound anxieties. In their emotion Mr. Quincy and his wife shared deeply, and passionately. The shadows of public and private calamity were already beginning to steal over that once happy home. The evils of the present and the uncertainties of the future bore heavily on their prosperity. The fierce passions which were soon to break out into revolutionary violence and mob rule, had already begun to separate families, to divide friends, and to break up society. Samuel Quincy was a Loyalist and remained true to his oath of office, wherein he swore to support the government. His father and brother were revolutionists; as previously stated his brother died on shipboard off Gloucester, seven days after the hostilities had commenced at Lexington, and when his father saw from his house on Quincy Bay, the fleet drop down the harbor, after the evacuation of Boston on March 17, 1776, it must have been with feelings of sorrow that the stout-hearted old man saw the vessels bear away his only surviving son, never to return again. Such partings were common griefs then, as ever in civil wars, the bitterest perhaps that wait upon that cruelest of calamities.

Samuel Quincy was an addressor of Governor Hutchinson, and a staunch Loyalist. His wife, the sister of Henry Hill, Esq., of Boston, was not pleased with her husband's course in the politics of the times, and he became a Loyalist against her advice, and when he left Boston, a refugee, she preferred to remain with her brother, and never met her husband again. The following letter written to his brother by Mr. Quincy, during the siege of Boston, will explain his position at that time.[230]