RESOLUTION ADOPTED AT A TOWN MEETING IN BOSTON, MAY 8, 1770.

"The Honorable James Otis having, by advice of his physician,

retired into the country for the recovery of his health; Voted,

That thanks of the town be given to the Honorable James Otis for

the great and important services, which, as a representative in

the General Assembly through a course of years, he has rendered

to this town and province, particularly for his undaunted

exertions in the common cause of the Colonies, from the beginning

of the present glorious struggle for the rights of the British

consituation. At the same time, the town cannot but express

their ardent wishes for the recovery of his health, and the

continuance of those public services, that must long be

remembered with gratitude, and distinguish his name among the

patriots of America."

During short periods of sanity, or of only partial aberration,

Otis's wit and humor, rendered more quaint and striking by the

peculiarities of his mental condition, made him the delight of a

small circle of friends. The following anecdote, admirably told

by President Adams, presents in a very graphic manner the

peculiarities of his character:

"Otis belonged to a club, who met on evenings; of which club

William Molineux was a member. Molineux had a petition before

the legislature, which did not succeed to his wishes, and he

became for several evenings sour, and wearied the company with

his complaints of services, losses, sacrifices, etc., and said,

'That a man who has behaved as I have, should be treated as I am,

is intolerable,' etc. Otis had said nothing; but the company

were disgusted and out of patience, when Otis rose from his seat,

and said, 'Come, come, Will, quit this subject, and let us enjoy

ourselves; I also have a list of grievances; will you hear it?'

The club expected some fun, and all cried out, 'Ay! ay! let us

hear your list.'

"'Well, then, Will; in the first place, I resigned the office of

the Advocate-General, which I held from the crown, that produced

me--how much do you think?' 'A great deal, no doubt,' said

Molineux. 'Shall we say two hundred sterling a year?' 'Ay, more

I believe,' said Molineux. 'Well, let it be two hundred; that

for ten years, is two thousand. In the next place, I have been

obliged to relinquish the greatest part of my business at the

bar. Will you set that at two hundred more?' 'O, I believe it

much more than that.' 'Well, let it be two hundred; this, for

ten years, is two thousand. You allow, then, I have lost four

thousand pounds sterling?' 'Ay, and much more, too,' said

Molineux.

"'In the next place, I have lost a hundred friends; among whom

were the men of the first rank, fortune, and power, in the

province. At what price will you estimate them?' 'D--n them,'

said Molineux; 'at nothing: you are better without them than

with them.' A loud laugh. 'Be it so,' said Otis.

"'In the next place, I have made a thousand enemies; among whom

are the government of the province and the nation. What do you

think of this item?' 'That is as it may happen,' said Molineux.

"'In the next place, you know, I love pleasure; but I have

renounced all amusement for ten years. What is that worth to a

man of pleasure?' 'No great matter,' said Molineux; 'you have

made politics your amusement.' A hearty laugh.

"'In the next place, I have ruined as fine health, and as good a

constitution of body, as nature ever gave to man.' 'This is

melancholy indeed,' said Molineux; 'there is nothing to be said

on that point.'

"'Once more,' said Otis, holding his head down before Molineux;

'look upon this head!' (Where was a scar in which a man might

bury his finger.) 'What do you think of this? And, what is

worse, my friends think I have a monstrous crack in my skull.'

"This made all the company very grave, and look very solemn. But

Otis, setting up a laugh, and with a gay countenance, said to

Molineux, 'Now, Willy, my advice to you is, to say no more about

your grievances; for you and I had better put up our accounts of

profit and loss in our pockets, and say no more about them, lest

the world should laugh at us.'"

This whimsical dialogue put all the company, including Molineux,

in a good humor, and they passed the rest of the evening very

pleasantly.

One of the few fragments in Otis' handwriting now extant, is a

memorandum made during the two years of transient sanity just

preceding his tragic death. Returning one Sunday from public

worship, he wrote: "I have this day attended divine service, and

heard a sensible discourse; and thanks be to God, I now enjoy the

greatest of all blessings, mens sana in copore sano" (a sound

mind in a sound body). But this gleam of reason was as transient

as others that had preceded, and with Bowen we willingly draw a

veil over the sad record of this most terrible misfortune of our

hero. "To be among men, and yet not of them; to preserve the

outward form and lineaments of a human being, while the spirit

within is wanting, or is transformed into a wreck of what it has

been; is surely one of the most impressive and affecting

instances of the ills to which mortality is exposed. It enforces

with melancholy earnestness the moral lesson, that the only

objects of the affections are the character and the intellect;

and when these are destroyed, we look upon the external shape and

features only as on the tomb in which the mortal remains of a

friend repose. We even long for the closing of the scene, and

think it would be far better if the now tenantless and ruined

house were levelled with the ground."

A nice sense of honor was perhaps the second most striking point

in Otis's energetic and strongly-marked character. Called by

reason of his fame as an advocate to the management of suits even

at a distance from home, and receiving the largest fees ever

given to an advocate in the province, he yet disdained to suffer

the success of any of his cases to rest on any petty arts or

undue evasions. Conscious of possessing eminent abilities and

sufficient learning he undertook to advocate no cause that he did

not truly and fully believe in. His ardent pleading and the

fairness of his dealing before the courts was the result of his

firm belief in the justice of his cause. Nothing but truth could

give him this firmness; but plain truth and clear evidence can be

beat down by no ability in handling the quirks and substitutes of

the law.

It was from this source as from no other that Otis drew his power

as a pleader. He was as John Adams records concerning his speech

on the "Writs of Assistance," "a flame of fire," but he was a

flame of fire set burning to consume the dross of injustice and

to purify and rescue the gold of liberty and fair-dealing.

Thomas Hutchinson, before whom Otis often pleaded and whose

testimony is of the greatest weight when we remember that Otis

was his political opponent, has said that he never knew fairer or

more noble conduct in a pleader than in Otis; that he always

disdained to take advantage of any clerical error or similar

inadvertence, but passed over minor points, and defended his

causes solely on their broad and substantial foundations. In

this regard Otis seems to satisfy Emerson's definition of a great

man, when in his essay on the "Uses of Great Men" the latter

declares: "I count him a great man who inhabits a higher sphere

of thought, into which other men rise with labor and difficulty;

he has but to open his eyes to see things in a true light, and in

large relations; whilst they must make painful corrections, and

keep a vigilant eye on many sources of error."

Indeed, it can be said of Otis as Coleridge said of O'Connell,

"See how triumphant in debate and action he is. And why?

Because he asserts a broad principle, acts up to it, rests his

body upon it, and has faith in it." The world is upheld, as

Emerson says, by the veracity of good men; and so the great power

of Otis as an advocate before the civil bar in the minor cases of

his career, and as an advocate of the people in the larger court

in the great case of his life, for the liberty of opposing

arbitrary power by speaking and writing the truth, arose almost

entirely from his absolute integrity and fairmindedness.

Clarendon's portrait of Falkland applies equally as well to Otis,

--"He was so severe an adorer of the truth that he could as

easily have given himself leave to steal as to dissemble." In

short, Otis acted aright, and feared not the consequences, and

thus became a power in the community because of his personal

character.

The great popularity that he immediately acquired he used for no

sinister or selfish ends. He stooped to none of the arts of the

demagogue; he was never carried away by a blind spirit of

faction. He opposed the arbitrary design of the English ministry

with great spirit and firmness, though with some indiscretion;

but he was no advocate of turbulent dissensions or causeless

revolt. He allowed himself to be ruled by the greater moderation

and prudence of his associates, while he inspired them with his

own resistless energy and determination.

No imputation can justly be thrown on the sincerity of his

patriotism, although the attempt was made by some of his

contemporaries.

When in 1764, Otis, as chairman of a committee of the Assembly

appointed to consider the status of the Sugar Act, favored the

commission of Hutchinson as a special agent of the Colony to go

to England and present the claims of the colonists, he was

accused of inconsistency in opinion and action, and of

dereliction of duty as the acknowledged leader of the patriotic

party. Combined with the extraordinary appointment of

Hutchinson, which however never took effect owing to the

opposition of Governor Bernard, Otis was also charged with a too

absolute recognition of the supremacy of Parliament in his

pamphlet on the Rights of the Colonies. As his father had

recently received a judicial appointment, of no great importance,

however, some persons went so far as to suspect Otis's fidelity

to the cause, among whom was John Adams, as we see from his diary

quoted elsewhere in this paper. People talked of a compromise in

which he was supposed to be engaged for gradually withdrawing all

resistance to the proceedings of the ministry.

Such charges, however, were but the indications of the

unsteadiness and injustice of fickle popular favor. The

sacrifices which Otis made for the cause, as told of by himself

in the narrative given in this paper, were far too heavy for his

patriotism to be doubted for an instant, and any remaining doubt

must certainly be removed by a glance at the official

correspondence of Governor Bernard in which he is from first to

last regarded as the chief opponent of the prerogative and is

subjected to much calumny on that account.

The selection of Lieutenant-Governor Hutchinson as the special

agent of the Colony, though appearing at first sight somewhat

strange, is easily explained and appears as the best possible

choice. He was a native of the province, and as such thoroughly

acquainted with its interests and desirous of promoting them. A

few years before he had given sound advice to both Houses in

relation to the very matter of the Sugar Act, counselling them

not to apply for a reduction of the duty, lest they should appear

as indirectly consenting to pay it under any circumstances;

advice which had prevailed against the preconceived opinion of a

majority of both branches of the legislature. Moreover,

Hutchinson's attachment to the interests of the crown, and his

intimate relations with the ministry, would enable him to

prosecute the suit of the province to great advantage, whereas a

known leader of the popular party in Massachusetts would not be

received with much favor at the Board of Trade, whatever his

errand.

As to Otis's rather unstinted recognition of the prerogatives of

the crown and the right of Parliament to tax the Colonies, we

remark that he had undoubtedly the same ends in view as the other

popular leaders, but he differed from them in the choice of the

means, the selection of arguments, and the proper mode of

conducting the controversy. All certainly desired to be exempt

from taxation and to secure freedom of trade; the question was

how best attain these ends and reconcile their pretensions with

the acknowledged principles of English law? Otis opposed both

the Sugar Act and the Stamp Act on the same broad principle on

which Hampden in England resisted the payment of ship-money,

namely, that neither measure was sanctioned by the

representatives of the people on whom these contributions for the

support of the government were to be levied. He was too good a

lawyer to question openly the abstract supremacy of Parliament,

or to deny the technical "right" of this body to tax America, or

to do anything else. But he affirmed that he could not

justifiably exercise this right unless representatives elected by

America were admitted to sit in the House of Commons. "When

Parliament," said he, "shall think fit to allow the colonists a

representation in the House of Commons, the equity of their

taxing the colonists will be as clear as their power is at

present of doing it, if they please." These opinions did not

coincide with the sentiments of the greater part of the people at

this period, and they were displeased with the explicit and

comprehensive terms in which Otis acknowledged the authority of

Parliament; they did not care to be reminded of their subjection

in such positive language. Otis's incautious use of words may

have led him to exaggerate the sovereignty of England over her

Colonies, but the course which he pursued was undoubtedly the

most judicious one for the interests of America.

That this criticism and disaffection concerning Otis was of short

duration, and justly so, is shown by the fact that at the end of

the legislative session he was appointed chairman of the

committee charged with securing the co-operation of the other

Colonies in a united effort of opposition to the scheme for

taxing America. That he was sufficiently alive to the true

interests of the Colonies and watchful of any imposition upon

their rights as subjects under the English Constitution, we may

cite one or two brief extracts from the letter of instructions to

the provincial agent in England, written by him and adopted by

the representatives. "The silence of the province," he says in

regard to the Sugar Act, "should have been imputed to any cause,

even to despair, rather than be construed into tacit cession of

their rights, or an acknowledgment of a right in the Parliament

of Great Britain to impose duties and taxes upon a people, who

are not represented in the House of Commons." "Ireland is a

conquered country, which is not the case with the northern

Colonies, except Canada; yet no duties have been levied by the

British Parliament on Ireland. No internal or external taxes

have been assessed on them, but by their own Parliament."

"Granting that the time may come, which we hope is far off, when

the British Parliament shall think fit to oblige the North

Americans, not only to maintain civil government among

themselves, for this they have already done, but to support an

army to protect them, can it be possible that the duties to be

imposed and the taxes to be levied shall be assessed without the

voice or consent of one American in Parliament? If we are not

represented, we are slaves."

The charge that Otis turned from his support of the government

policy because his father failed to receive the desired

appointment as Chief Justice is as unfounded as it is improbable.

The office of Chief Justice was worth not over a hundred and

twenty pounds sterling a year, and as Colonel Otis's practice at

the bar was worth much more than this, and his seat in the

legislature gave him all the power and reputation he needed, the

loss of the Chief Justiceship could not have been a very great

concern to him. On the other hand one of the first measures of

Otis in coming into public life was to resign his office as

Advocate-General which was worth twice as much as the seat on the

bench. Of course a person of his fiery disposition felt keenly

the insult involved in the rejection of his father, and doubtless

the event imbittered his language towards Hutchinson; but it

would hardly be likely to shape his whole political career when

public questions of such great moment were at stake.

There was no trace of meanness or selfishness in his disposition.

To be sure, Otis's admitted superiority over his legal associates

and the natural impetuosity of his nature sometimes made him

excessively dogmatic, and his manner though courteous even to a

fineness towards those whom he liked was imperious and even

unguarded toward his political enemies. At one time, having

cited Dormat (the noted French jurist, 1625-1696, author of "The

Civil Laws in their Natural Order," 1689) in the course of an

argument, Governor Bernard inquired "who Dormat was." Otis

answered that "he was a very distinguished civilian, and not the

less an authority for being unknown to your excellency." Yet

notice the high-minded courtesy exhibited in the following

incident: When Charles Lee was in command of the left wing of

the army with his headquarters at Winter Hill, in what is now

Somerville, he refused to have an interview and conference with

his old friend Burgoyne, then lately arrived in Boston, looking

toward the restoration of an amicable understanding between the

colonies and the mother country. Four months later, a letter

came from the Old World containing a warning that Lee was not a

man of trustworthy character. Otis was at that time the

executive head of the provisional government which had been

formed in Massachusetts, during one of the last of his lucid

intervals. On behalf of the government he sent a letter to Lee,

quite touching for its fairminded simplicity. The council had

come into possesssion of a letter from Ireland making very

unfavorable mention of Lee. It produced no impression upon the

council. "On the contrary," says Otis, "we are at a loss to

know which is the highest evidence of your virtues--the

greatness and number of your friends, or the malice and envy of

your foes." This was a most delicate and effective way of

offering good advice.

When he had suffered so cruelly at the hands of Commissioner

Robinson and his companions at the British Coffee House, and had

been awarded damages by the court, Otis's high spirit revolted at

the idea of receiving pecuniary compensation for a personal

insult; and Robinson's release drawn up by Otis himself is to be

found in the files of the Supreme Judicial Court of

Massachusetts, along with Robinson's written acknowledgment and

apology.

Next to his impetuous devotion to the true relations of things,

the source of Otis's power lay in his adequate preparation for

the life of an advocate. Bred to the law at a time long before

the pathway had been smoothed by the multiplication of elementary

works and other modern improvements, he yet fully mastered that

abstruse science, which perhaps does more to quicken and

invigorate the understanding than many of the other kinds of

learning put together. As a sufficient foundation for his later

legal studies he had pursued at Harvard, the foremost college in

the colonies, not only the regular undergraduate classical

course, but also the three years of work required for the

Master's degree. Moreover, in conformity with his views on the

necessity of a generous and comprehensive culture of the mind as

a means of success at the bar, or in any professional career,

Otis did not plunge at once from his collegiate courses into the

routine of the legal office; but allowed himself two years of

self-directed general study with a view toward further

disciplining his mind and widening his information. The subjects

thus pursued and the general culture which he acquired served to

open and to liberalize his mind in nearly the same proportion as

the assiduous study of the law was next to invigorate and quicken

it. In conversation with his brother he remarked, "that

Blackstone's Commentaries would have saved him seven years' labor

pouring over and delving in black letter." He appears to have

formed a very correct judgment respecting the nature of

professional education and the best means of mastering its

abstruse details. He constantly inculcated upon the young men

who came to study in his office the maxim, "that a lawyer ought

never to be without a volume of natural or public law, or moral

philosophy, on his table or in his pocket."

After two years of practice in Plymouth, he removed to Boston

(1750), where he found the larger field which was demanded by his

superior training and abilities; and he very soon rose to the

front rank of his profession.

The regard which he entertained for his master in the law is well

shown by his conduct as the opposing advocate during the hearing

on the Writs of Assistance, when Otis having resigned his post of

Advocate-General of the Province in order to champion the

people's cause, the vacancy was filled by the appointment of

Gridley. Otis held the character and abilities of his former

teacher in very high respect, and allowed this differential

feeling to appear throughout the trial. "It was," says John

Adams, who was present on this occasion, and from whom nearly all

the details of the course of this affair are derived, "it was a

moral spectacle more affecting to me than any I have ever seen

upon the stage, to observe a pupil treating his master with all

the deference, respect, esteem, and affection of a son to a

father, and that without the least affectation; while he baffled

and confounded all his authorities, confuted all his arguments,

and reduced him to silence." Nor was a suitable return wanting

on the part of Mr. Gridley, who "seemed to me to exult inwardly

at the glory and triumph of his pupil."

Though he made no pretensions to scholarship, some of his

writings showed a cultivated taste and a love of literary

pursuits, which were gratified so far as his numerous engagements

in public service would permit. With a literary taste formed and

matured by the study of Latin and Greek prosidy as constituted in

the best models of antiquity, it is not surprising that his

opinions on matters of criticism and scholarship were those of

the Odd school, and that he decried all the forms of innovation

in letters which had begun to show themselves in his day, and

which he regarded as affectations. His constant advice to young

people was if you want to read poetry, read Shakespeare, Milton,

Dryden, and Pope; throw all the rest in the fire. And with the

addition of but one or two names which have appeared since his

time, such counsel is judicious advice even to-day.

His abilities were, perhaps, somewhat overrated in the admiring

judgment of his contemporaries. His style as a writer was

copious and energetic; but it was sometimes careless, coarse and

even incorrect. His eloquence was better adapted to popular

assemblies than to the graver occasions of legislative debate; in

the halls of justice, it produced a greater effect on the jury

than on the judge. "The few fragments of his speeches that were

reported and are now extant give no idea of the enthusiasm that

was created by their delivery. The elevation of his mind, and

the known integrity of his purposes, enabled him to speak with

decision and dignity, and commanded the respect as well as the

admiration of his audience." While his arguments were sometimes

comprehensive and varied, they generally related only to a few

points which they placed in a very clear and convincing light.

His object was immediate effect. He had studied the art of clear

expression and forcible argument in order to act with facility

and force upon the minds of others to such an extent as to

convince them, and then to convert their conviction into action.

He employed the facility and the power thus gained not for any

personal agrandizement, but to advocate political reform for the

good of the whole people.

In the latter part of his speech on the Writs of Assistance, he

discussed the incompatibility of the acts of trade as lately

adopted by the English Ministry with the charter of the colony.

In so doing "he reproached the nation, Parliament, and King,"

says John Adams, "with injustice, illiberality, ingratitude, and

oppression, in their conduct towards the people of this country,

in a style of oratory that I never heard equalled in this or any

other country." As to the effect of this oration in increasing

the courage of the colonists, inciting them to scrutinize more

closely and resist more strenuously, the claims of the British

Ministry and Parliament, we have Adams's significant statement,--

"I do say in the most solemn manner that Mr. Otis's oration

against Writs of Assistance breathed into this nation the breath

of life."

The longest and most elaborate production from his pen is the

pamphlet on the "Rights of the Colonies." It affords a fair

specimen of his impetuous and inaccurate rhetoric, his rapid and

eager manner of accumulating facts, arguments, and daring

assertions, and the "glowing earnestness and depth of patriotic

feeling with which all his compositions are animated." It is not

surprising that a book written in this style caused the author to

be suspected of wildness and even of madness. But there was, as

Bowen remarks, a method and a good deal of logical power in his

madness.

The pamphlet was reprinted, circulated, and read in Great Britain

and even attracted the attention of the House of Lords. In

February, 1766, during a debate in that body on the disturbances

in America, Lord Littleton made some allusion to the peculiar

opinions of Mr. Otis, and spoke slightingly of his book. Lord

Mansfield replied, "With respect to what has been said, or

written, upon this subject, I differ from the noble Lord, who

spoke of Mr. Otis and his book with contempt, though he

maintained the same doctrine in some points, although, in others,

he carried it further than Otis himself, who allows everywhere

the supremacy of the crown over the colonies. No man on such a

subject is contemptible. Otis is a man of consequence among the

people there. They have chosen him for one of their deputies at

the Congress, and general meeting from the respective

governments. It was said the man is mad. What then? One madman

often makes many. Massaniello was mad, no body doubts; yet for

all that, he overturned the government of Naples. Madness is

catching in all popular assemblies, and upon all popular matters.

The book is full of wildness. I never read it till a few days

ago, for I seldom look into such things."

In some of his arguments he lays down general principles with a

quaint extravagance which marks the peculiar humor of the man.

"No government has the right to make hobby-horses, asses, and

slaves of the subject; nature having made sufficient of the two

former, for all the lawful purposes of man, from the harmless

peasant in the field to the most refined politician in the

cabinet; but none of the last, which infallibly proves that they

are unnecessary." "The British constitution of government as now

established in his Majesty's person and family, is the wisest and

best in the world. The King of Great Britain is the best as well

as the most glorious monarch upon the globe, and his subjects the

happiest in the universe. The French King is a despotic,

arbitrary prince, and, consequently, his subjects are very

miserable." The last specimen which we shall quote comes from

his defence of the objectionable passage in the remonstrance

drawn up by Otis on behalf of the Assembly of 1762 against

Governor Bernard's conduct in increasing the expenses of the

colony without previously obtaining the consent of the

Legislature. This passage was as follows: "No necessity 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."

Afterwards in commenting on this passage he made the following

defense of its apparent unpatriotic sentiment. "It may be

objected, that there are some differences between arbitrary

princes, in this respect, at least, that some are more rigorous

than others. It is granted; but, then, let it be remembered,

that the life of man is a vapor that soon vanisheth away, and we

know not who may come after him, a wise man or a fool; though the

chances, before and since Solomon, have ever been in favor of the

latter."--"That I should die very soon after my head should be

struck off, whether by a sabre or a broadsword, whether chopped

off to gratify a tyrant by the Christian name of Tom, Dick, or

Harry, is evident. That the name of the tyrant would be of no

more avail to save my life, than the name of the executioner,

needs no proof. It is, therefore, manifestly of no importance

what a prince's Christian name is, if he be arbitrary, any more,

indeed, than if he were not arbitrary. So the whole amount of

this dangerous proposition may, at least in one view, be reduced

to this, viz.: It is of little importance what a king's

Christian name is. It is, indeed, of importance, that a king, a

governor, and all good Christians, should have a Christian name;

but whether Edward, Francis, or William, is of none, that I can

discern."

A passage ascribed to Otis during a session of the legislature at

Cambridge gives some idea of the character of his invective. It

had been said in defence of some measure that it had been taken

by the advice of Council, when Otis exclaimed, "Ay, by the advice

of Council, forsooth! And so it goes, and so we are to be

ruined! The Council are governed by his Excellency, his

Excellency by Lord Hillsborough, Lord Hillsborough by his

Majesty, his Majesty by Lord Bute, and Lord Bute by the Lord

knows who. This recalls to mind what used to be said when I was

a student in this place. It was observed at that time, that the

President directed the scholars how they should act, madame

directed the President, Titus, their black servant, governed

madame, and the devil prompted Titus."

The most comprehensive and just appreciation of the character and

work of Otis is given us by Francis Bowen in Jared Spark's

Library of American Biography. In part he says: "The services

which Mr. Otis rendered to this country were so conspicuous and

important, that it is difficult to form an estimate of his

character with the impartiality that history requires.

Gratitude might justly efface the memory of his faults from the

minds of those who have profited so largely by his patriotism and

his virtues. But it is not necessary thus to seek excuses for

his failings, or reasons for covering up the errors that he

committed. The defects of his temperament and conduct may be

freely mentioned, for they are not such as materially lessen our

respect for him as a man.

* * * * * * * * * * *

"As the vindicator of American rights, during the period of

colonial subordination, as the acknowledged leader, in

Massachusetts, of the constitutional opposition to ministerial

influence and parliamentary usurpation, the services of Mr. Otis

cannot be too highly appreciated.

* * * * * * * * * * *

"He was not permitted to witness the grand result of his labors.

He did not live to enjoy the final triumph; he can hardly be said

to have survived till the opening of the struggle. But the

historian who searches into the causes of this great event, and

seeks to determine the comparative merits of the men who achieved

it, will dwell long upon the services, and pay a just tribute of

admiration and respect to the memory of James Otis."

THE USE AND ABUSE OF ARBITRARY POWER, Including Tracts from

Burke, 0tis and Wilkes. By Charles K. Edmunds, Ph.D.

It is the honor of England that she had deposited in the virgin

soil of her colonies the germ of freedom. Nearly all at their

foundation, or shortly after, received charters which conferred

the franchises of the mother country on the colonists. These

charters were neither a vain show nor a dead letter, but really

did establish and allow powerful institutions which impelled the

colonists to defend their liberty, and to control the power by

participating in it as constituted in the grant of supplies, the

election of public councils, trial by jury, and the right of

assembling to discuss the general affairs. To us of to-day these

appear as common-sense or logically necessary rights; but we must

remember that in those early days of colonization they were

distinct privileges accorded in power to the colonists. And it

is in these very privileges that we behold the germinating

principle which was ultimately to bring to life the new republic

then as yet unborn. For as Thomas Jefferson afterward wrote,

"where every man is a sharer in the direction of his

town-republic, and feels that he is a participator in the

government of affairs, not merely at an election one day in the

year, but every day; when there shall not be a man in the State

who will not be a member of some one of its councils, great or

small, he will let the heart be torn out of his body sooner than

allow his power to be wrested from him by a Caesar or a

Bonaparte. How powerfully did we feel the energy of this

organization in the case of the embargo!"

Notwithstanding the widely different origin of the various

colonists, the circumstances in which they were placed were so

similar, that the same general form of personal character must

inevitably have developed itself, and produced a growing

consciousness of power and impatience of foreign imposition. The

proximate independence of America need not have been a certainty,

however, had the eyes of English statesmen not been blinded to

the truth of the principles urged by such men as Otis in America

and Burke in England. The causes which were to produce a final

rupture were, to be sure, already at work (their full operation

being delayed by the lack of union among the different

provinces), but there was at the same time a warm hereditary

attachment to the parent country, under whose wings the provinces

had grown up, by whose arms they had been shielded, and by whose

commerce, in spite of jealous restrictions, they had been

enriched.

Indeed life in the Colonies was so closely related to that in the

mother country that in a very marked degree, the history of the

Colonies is only the more practical and laborious development of

the spirit of liberty flourishing amid the conditions of life in

the new country under the standard of the laws and traditions of

the old country. As the eminent philosophical historian, M.

Guizat, has said, "It might be considered the history of England

herself." The resemblance is the more striking when we remember

that the majority of the American Colonies and the more important

of them were founded or increased the most rapidly at the very

epoch when England was preparing to sustain, and in part already

sustaining, those fierce conflicts against the pretensions of

absolute power which were to obtain for her the honor of giving

to the world the first example of a great nation free and well

governed.

How similarly the state of affairs appeared, in the eyes of those

who were not blinded by self-interest, on both sides of the

Atlantic, is shown by the following extracts from Burke and Otis.

In 1770 Burke thus described the social and political conditions

both at home and in the Colonies: "That the government is at

once dreaded and contemned; that the laws are despoiled of all

their respected and salutary terrors; that their inaction is a

subject of ridicule and their enforcement of abhorrence; that

rank, and office, and title, and all the solemn plausibilities of

the world, have lost their reverence and effect; that our foreign

politics are as much deranged as our domestic economy; that our

dependencies are slackened in their affection and loosened from

their obedience; that we know neither how to yield nor how to

enforce; that hardly anything above or below, abroad or at home,

is sound and entire; but that disconnection and confusion, in

office, in parties, in families, in parliament, in the nation,

prevail beyond the disorders of any former time, these are facts

universally admitted and lamented."

When in 1768 troops were sent to Boston to prevent a repetition

of the disturbances which had resulted from the arbitrary and

insulting manner in which the commissioners of customs exercised

their office, Otis was chosen moderator of the town meeting held

in protest, and is reported to have declared "That in case Great

Britain was not disposed to redress their grievances after proper

applications, the inhabitants had nothing more to do, but to gird

the sword to the thigh, and shoulder the musket." Another

account presents a somewhat more temperate tone, representing

Otis as "strongly recommending peace and good order, and the

grievances the people labored under might in time be removed; if

not, and we were called on to defend our liberties and

privileges, he hoped and believed we should, one and all, resist

even unto blood; but at the same time, he prayed Almighty God it

might never so happen."

The change from favorable conditions both in England and in the

Colonies to the state of unrest depicted by these passages from

Burke and Otis, had been brought about by the attempt to use

strong measures, enforced with no just regard for the welfare of

the whole people. The English Ministry failed to realize that it

is of the utmost importance not to make mistakes in the use of

strong measures; that firmness is a virtue only when it

accompanies the most perfect wisdom. Their course of political

conduct, combined with the establishment of a system of

favoritism both at home and abroad like that adopted by Henry the

Third of France, produced results of the same kind as the latter.

Members of parliament for the most part were practically

convinced that they did not depend on the affection or opinion of

the people for their political being, and gave themselves over,

with scarcely the appearance of reserve, to the influence of the

court. There was thus developed both a ministry and parliament

unconnected with the people, and we have the deplorable picture

of the executive and legislative parts of a government attempting

to exist apart from their true foundation--the opinion of the

people. How signally such attempts have always failed is a

matter of historical record. And the steadfast belief that they

always will so fail constitutes the great force of public opinion

to-day.

Had the English Ministry and the Colonial Governors, in

particular Governor Bernard of Massachusetts, recognized certain

cardinal principles of individual and national liberty, which

were so strongly advocated by Burke and Otis, the course of

events in their dealing with the colonists would in all

probability have been greatly different from that actually

developed. Burke declared that as long as reputation, the most

precious possession of every individual, and as long as opinion,

the great support of the state, depend entirely upon the voice of

the people, the latter can never be considered as a thing of

little consequence either to individuals or to governments. He

pointed out that nations are governed by the same methods, and on

the same principles, by which an individual without authority is

often able to govern those who are his equals or even his

superiors, namely, by a knowledge of their temper, and by a

judicious management of it; that is, when public affairs are

steadily and quietly conducted, not when government descends to a

continued scuffle between the magistrate and the multitude, in

which sometimes the one and sometimes the other is uppermost;

each alternately yielding and prevailing in a series of

contemptible victories and scandalous submissions. "The temper

of the people amongst whom he presides ought, therefore, to be

the first study of a statesman. And the knowledge of this temper

it is by no means impossible for him to attain, if he has not an

interest in being ignorant of what it is his duty to learn."

Of course it will not do to think that the people are never in

the wrong. They have frequently been so, both in other countries

and in England; but in all disputes between them and their

rulers, the presumption is at least upon a par in favor of the

people. History justifies us in going even further, for when

popular discontents have been very prevalent something has

generally been found amiss in the constitution, or in the conduct

of the government. As Burke declares, "the people have no

interest in disorder. When they do wrong, it is their error, and

not their crime. But with the governing part of the state it is

far otherwise. They certainly may act ill by design, as well as

by mistake. * * * If this presumption in favor of the subjects

against the trustees of power be not the more probable, I am sure

it is the more comfortable speculation; because it is more easy

to change an administration than to reform a people."

Very much the same ideas are presented by Otis in his article on

the "Rights of the Colonists," and the passage bearing on this

present topic will be given for comparison with Burke's

treatment. The pamphlet is divided into four parts, treating

respectively of the origin of government, of colonies in general,

of the natural rights of colonists, and of the political and

civil rights of the British colonists. The writer maintains,

that government is founded not as some had supposed on compact,

but as Paley afterwards affirmed, on the will of God. By the

divine will, the supreme power is placed "originally and

ultimately in the people; and they never did, in fact, freely,

nor can they rightfully, make an absolute, unlimited renunciation

of this divine right. It is ever in the nature of a thing given

in trust; and on a condition the performance of which no mortal

can dispense with, namely, that the person or persons, on whom

the sovereignty is conferred by the people, shall incessantly

consult their good. Tyranny of all kinds is to be abhorred,

whether it be in the hands of one, or of the few, or of the many.

The colonies were not at all unwilling to pay revenue to the home

government, if the manner of payment was just and right. They

were so far from refusing to grant money that the Assembly of

Pennsylvania resolved to the following effect: "That they always

had, so they always should think it their duty to grant aid to

the crown, according to their abilities, whenever required of

them in the usual constitutional manner." This resolution was

presented by Franklin, who was a member of the Pennsylvania

Assembly, to the Prime Minister of England, Mr. Grenville, before

the latter introduced the Stamp Act into Parliament. Other

colonies made similar resolutions, and had Grenville instead of

the Stamp Act, applied to the King for proper requisitional

letters to be circulated among the colonies by the Secretary of

State, it is highly probable that he would have obtained more

money from the colonies by their voluntary grants than he himself

expected from the stamps. Such at any rate is the claim of

Franklin, who was surely in a position to feel the pulse of the

colonies better than any other one man. "But he (Grenville)

chose compulsion rather than persuasion, and would not receive

from their good-will what he thought he could obtain without it.

Thus the golden bridge which the Americans were charged with

unwisely and unbecomingly refusing to hold out to the minister

and parliament, was actually held out to them, but they refused

to walk over it."

The action of the English Ministry in the matter of the tea tax

in particular, and of the whole question of American taxation in

general, is thus spoken of by Burke in his famous address in the

House of Commons:

"There is nothing simple, nothing manly, nothing ingenious, open,

decisive, or steady, in the proceeding, with regard either to the

continuance or the repeal of the taxes. The whole has an air of

littleness and fraud. * * * There is no fair dealing in any part

of the transaction."

* * * * * * * * * * *

"No man ever doubted that the commodity of tea could bear an

imposition of three-pence. But no commodity will bear

three-pence, or will bear a penny, when the general feelings of

men are irritated, and two millions of people are resolved not to

pay. The feelings of the colonists were formerly the feelings of

Great Britain. Theirs were formerly the feelings of Mr. Hampden

when called upon for the payment of twenty shillings. Would

twenty shillings have ruined Mr. Hampden's fortune? No, but the

payment of half twenty shillings, on the principle it was

demanded, would have made him a slave. * * * It is then upon the

principle of this measure, and nothing else, that we are at

issue."

* * * * * * * * * * *

"I select the obnoxious colony of Massachusetts Bay, which at

this time (but without hearing her) is so heavily a culprit

before parliament--I will select their proceedings even under

circumstances of no small irritation. For, a little imprudently,

I must say, Governor Bernard mixed in the administration of the

lenitive of the repeal no small acrimony arising from matters of

a separate nature. Yet see, Sir, the effect of that lenitive,

though mixed with these bitter ingredients; and how this rugged

people can express themselves on a measure of concession.

"'If it is not in our power,' (say they in their address to

Governor Bernard), "in so full a manner as will be expected, to

show our respectful gratitude to the mother country, or to make a

dutiful and affectionate return to the indulgence of the king and

parliament, it shall be no fault of ours; for this we intend, and

hope we shall be able fully to effect.'

"Would to God that this tender had been cultivated, managed, and

set in action; other effects than those which we have since felt

would have resulted from it. On the requisition for compensation

to those who had suffered from the violence of the populace, in

the same address they say, 'The recommendation enjoined by Mr.

Secretary Conway's letter, and in consequence thereof made to us,

we will embrace the first convenient opportunity to consider and

act upon.' They did consider; they did act upon, it. They

obeyed the requisition. I know the mode has been chicaned upon,

but it was substantially obeyed, and much better obeyed than I

fear the parliamentary requisition of this session will be,

though enforced by all your rigour, and backed with all your

power. In a word, the damages of popular fury were compensated

by legislative gravity. Almost every other part of America in

various ways demonstrated their gratitude. I am bold to say,

that so sudden a calm recovered after so violent a storm is

without parallel in history. To say that no other disturbance

should happen from any other cause, is folly. But as far as

appearances went, by the judicious sacrifice of one law, you

procured an acquiescence in all that remained. After this

experience, nobody shall persuade me, when a whole people are

concerned, that acts of lenity are not means of conciliation."

"0PP0SITI0N T0 ARBITRARY POWER," By John Wilkes, 1763.

While Otis and other patriots were opposing the arbitrary

measures of the English Ministry in their dealings with the

Colonies, certain men in England were equally as ardent in their

opposition to such a course whether pursued at home or abroad.

Most prominent among these were Edmund Burke and John Wilkes,

both members of Parliament. In this connection the following

extracts frown Wilkes' article on "Opposition to Arbitrary Power"

will be of interest. This article appeared in the famous No. 45

of "The North Briton," edited by Wilkes, who was very clever but

somewhat profligate.

* * * "In vain will such a minister (referring to Lord Bute), or

the foul dregs of his power, the tools of corruption and

despotism, preach up in the speech that spirit of concord, and

that obedience to the laws, which is essential to good order.

They have sent the spirit of discord through the land, and I will

prophesy, that it will never be extinguished, but by the

extinction of their power. Is the spirit of concord to go hand

in hand with the Peace and Excise, through this nation? Is it to

be expected between an insolent Excisemen, and a peer, gentleman,

freeholder, or farmer, whose private houses are now made liable

to be entered and searched at pleasure? The spirit of concord

hath not gone forth among men, but the spirit of liberty has, and

a noble opposition has been given to the wicked instruments of

oppression. A nation as sensible as the English, will see that a

spirit of concord when they are oppressed, means a tame

submission to injury, and that a spirit of liberty ought then to

arise, and I am sure ever will, in proportion to the weight of

the grievance they feel. Every legal attempt of a contrary

tendency to the spirit of concord will be deemed a justifiable

resistance, warranted by the spirit of the English constitution.

"A despotic minister will always endeavor to dazzle his prince

with high-flown ideas of the prerogative and honor of the

crown, which the minister will make a parade of firmly

maintaining. I wish as much as any man in the kingdom to see the

honor of the crown maintained in a manner truly becoming Royalty.

* * * * The prerogative of the crown is to exert the

constitutional powers entrusted to it in a way not of blind favor

and partiality, but of wisdom and judgment. This is the spirit

of our constitution. The people too have their prerogative, and

I hope the fine words of Dryden will be engraven on our hearts:

'Freedom is the English Subject's Prerogative.'"

JOSEPH WARREN'S OPINION OF GOVERNOR BERNARD, OTIS'S PRINCIPAL

ENEMY.

Governor Bernard's bad temper and bad taste in dealing with the

legislature may justly be ranked among the principal causes which

gradually, but effectually, alienated the affections of the

people of Massachusetts, first from the persons immediately

charged with the government of the province, and finally, from

the royal authority and whole English dominion. "With an

arrogant and self-sufficient manner, constantly identifying

himself with the authority of which he was merely the

representative, and constantly indulging in irritating personal

allusions, he entirely lost sight of the courtesy and respect due

to a co-ordinate branch of the government, and made himself

ridiculous, while he was ruining the interests of the sovereign

whom he was most anxious to serve. Even Hutchinson, as we learn

from the third volume of his History, though he was attached to

the same policy, and favored the same measures, censures the tone

of Bernard's messages as ungracious, impolitic, and offensive."

Popular animosity against Governor Bernard waxed exceedingly

strong during the controversy concerning the circular letter sent

by the Massachusetts Assembly to each House of Representatives in

the thirteen Colonies, in which the Colonies were urged to

concert a uniform plan for remonstrance against the government

policy. Bernard sent advices to England declaring that stringent

measures were imperative. Among those who were particularly

vehement in their denunciation of Bernard's character and conduct

was Joseph Warren, a young physician of twenty-seven years,

Otis's brother-in-law, for some time a writer for the papers,

who was even more drastic than Otis in his arraignment of

Bernard's tactics as governor, and who caused somewhat of a

sensation by publishing the following in the "Boston Gazette" of

February 29, 1768. (Warren was killed while serving as a

volunteer aide at the battle of Bunker Hill.)

"We have for a long time known your enmity to this Province. We

have had full proof of your cruelty to a loyal people. No age

has, perhaps, furnished a more glaring instance of obstinate

perseverance in the path of malice. * * * Could you have reaped

any advantage from injuring this people, there would have been

some excuse for the manifold abuses with which you have loaded

them. But when a diabolical thirst for mischief is the alone

motive of your conduct, you must not wonder if you are treated

with open dislike; for it is impossible, how much soever we

endeavor it, to feel any esteem for a man like you. * * *

Nothing has ever been more intolerable than your insolence upon a

late occasion when you had, by your jesuitical insinuations,

induced a worthy minister of state to form a most unfavorable

opinion of the Province in general, and some of the most

respectable inhabitants in particular. You had the effrontery to

produce a letter from his Lordship as a proof of your success in

calumniating us. * * * We never can treat good and patriotic

rulers with too great reverence. But it is certain that men

totally abandoned to wickedness can never merit our regard, be

their stations ever so high.

'If such men are by God appointed, The Devil may be the Lord's

anointed.' A TRUE PATRIOT.

Hutchinson tried to induce the grand jury to indict Warren for

libel on account of this intemperate attack. The jury, however,

returned "ignoramus," and the Governor had to bear the affront,

which was but one of a series directed against him during his

remaining days in America.

On the other hand, direct attacks were also made against Otis,

and some were marked by scurrility and coarseness of language,

which could not fail to arouse a man of his temper and fine sense

of honor. How he did regard them appears from the following

extract from a letter to his sister, Mrs. Warren:

"Tell my dear brother Warren to give himself no concern about the

scurrilous piece in Tom Fleet's paper. It has served me as much

as the song did last year. The tories are all ashamed of this,

as they were of that; the author is not yet certainly known,

though I think I am within a week of detecting him for certain.

If I should, I shall try to cure him once for all, by stringing

him up, not bodily, but in such a way as shall gibbet his memory

in terrorem. It lies between Bernard, Waterhouse, and Jonathan

Sewall. The first, they say, has not wit enough to write

anything; the second swears off; and the third must plead guilty

or not guilty as soon as I see him. Till matters are settled in

England, I dare not leave this town, as men's minds are in such a

situation, that every nerve is requisite to keep them from

running to some irregularity and imprudence; and some are yet

wishing for an opportunity to hurt the country."

OTIS'S AFFECTION FOR ENGLAND IN SPITE OF HIS OPPOSITION TO THE

ARBITRARY MEASURES OF HER MINISTRY. By Charles K. Edmunds, Ph. D.

Otis defended the rights of his countrymen by vindicating their

enjoyment of English liberty, not by asserting the demand for

American independence. He, however, sowed the seed without

knowing what kind of harvest it was to produce, for his writings

and speeches did more than those of any other man toward

preparing the minds of others for the final separation from

England. That such was his purpose he steadfastly repudiated,

and the following quotations from his pen exhibit full well his

attachment to the mother country and to the principles of her

constitution.

When in January, 1763, the joyful news was received at Boston

that the preliminaries of peace between Great Britain and France

had been signed, and that Canada was permanently annexed to the

former country, the colonists justly rejoiced, and a town meeting

was held of which Otis was chosen moderator. In the course of

his speech, Otis declared in his usual earnest way that "the true

interests of Great Britain and her plantations are mutual, and

what God in his providence united, let no man dare attempt to

pull asunder." Similar sentiments expressed by other leaders

among the various Colonies might be quoted. We give one more

from Otis's pamphlet on the "Rights of the Colonies," published

in 1765. In speaking of the colonists, he says: "Their loyalty

has been abundantly proved, especially in the late war. Their

affection and reverence for their mother country are

unquestionable. They yield the most cheerful and ready obedience

to her laws, particularly to the power of that august body, the

Parliament of Great Britain, the supreme legislative of the

kingdom and its dominions. These, I declare, are my own

sentiments of duty and loyalty." He angrily repels the charge

that the Colonies were seeking for independence, insisting that

the people had a "natural and almost mechanical affection for

Great Britain which they conceive under no other sense, and call

by no other name, than that of home. We all think ourselves

happy under Great Britain. We love, esteem, and reverence our

mother country, and adore our King. And could the choice of

independency be offered the colonies or subjection to Great

Britain on any terms above absolute slavery, I am convinced they

would accept the latter."

In 1769 he wrote: "The cause of America is, in my humble

opinion, the cause of the whole British empire; an empire which,

from my youth, I have been taught to love and revere, as founded

in the principles of natural reason and justice, and upon the

whole, best calculated for general happiness of any yet risen in

the world. In this view of the British empire, my Lord, I

sincerely pray for its prosperity, and sincerely lament all

adverse circumstances. Situated as we are, my Lord, in the

wilderness of America, a thousand leagues distant from the

fountains of honor and justice, in all our distresses, we pride

ourselves in loyalty to the King, and affection to the mother

country."

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