On the 14th of September, the house received a message from the governor, containing a somewhat awkward confession of certain expenditures of public money with advice of council, which had not been appropriated by the house. He had fitted out the Massachusetts sloop of war, increased her establishment of men, &c. Five years before, perhaps this irregularity might have been connived at or pardoned; but, since the debate concerning writs of assistance, and since it was known that the acts of trade were to be enforced, and a revenue collected by authority of parliament, Mr. Otis's maxim, that "taxation without representation was tyranny," and "that expenditures of public money, without appropriations by the representatives of the people, were unconstitutional, arbitrary and therefore tyrannical," had become popular proverbs. They were common place observations in the streets. It was impossible that Otis should not take fire upon this message of the governor. He accordingly did take fire, and made that flaming speech which judge Minot calls "a warm speech" without informing us who made it or what it contained. I wish Mr. Otis had given us this warm speech as he has the comparatively cool one, at the opening of the session. But this is lost forever. It concluded however, with a motion for a committee to consider the governor's message and report. The committee was appointed, and Otis was the first after the speaker.
The committee reported the following answer and remonstrance, every syllable of which is Otis:
"May it please your Excellency:
"The house have duly attended to your excellency's message of the eleventh inst. relating to the Massachusetts sloop, and are humbly of opinion that there is not the least necessity for keeping up her present complement of men, and therefore desire that your excellency would be pleased to reduce them to six, the old establishment made for said sloop by the general court. Justice to ourselves, and to our constituents obliges us to remonstrate against the method of making or increasing establishments by the governor and council.
"It is in effect, taking from the house their most darling privilege, the right of originating all taxes.
"It is, in short, annihilating one branch of legislation. And when once the representatives of the people give up this privilege, the government will very soon become arbitrary.
"No necessity therefore, can be sufficient to justify a house of representatives in giving up such a privilege; for it would be of little consequence to the people, whether they were subject to George or Louis, the king of Great Britain or the French king; if both were arbitrary, as both would be, if both could levy taxes without parliament.
"Had this been the first instance of the kind, we might not have troubled your excellency about it; but lest the matter should go into precedent, we earnestly beseech your excellency, as you regard the peace and welfare of the province, that no measures of this nature be taken for the future, let the advice of council be what it may."
This remonstrance being read, was accepted by a large majority, and sent up and presented to his excellency by a committee of whom Mr. Otis was one.
But here, Mr. Tudor, allow me, a digression, an episode. Lord Ellenborough in the late trial of Hone, says "the Athanasian Creed is the most beautiful composition that ever flowed from the pen of man."