Chapter 10

But the time is far spent. I will not tire your patience. It was once a fundamental maxim that every subject had the same right to his life, liberty, property, and the law that the King had to his crown; and 'tis yet, I venture to say, as much as a crown is worth, to deny the subject his law, which is his birthright. 'Tis a first principle "that Majesty should not only shine in arms, but be armed with the laws." The administration of justice is necessary to the very existence of governments. Nothing can warrant the stopping the course of justice but the impossibility of holding courts, by reason of war, invasion, rebellion, or insurrection. This was law at a time when the whole island of Great Britain was divided into an infinite number of petty baronies and principalities; as Germany is, at this day.

Insurrections then, and even invasions, put the whole nation into such confusion that justice could not have her equal course; especially as the kings in ancient times frequently sat as judges. But war has now become so much of a science, and gives so little disturbance to a nation engaged, that no war, foreign or domestic, is a sufficient reason for shutting up the courts. But if it were, we are not in such a state, but far otherwise, the whole people being willing and demanding the full administration of justice. The shutting up of the courts is an abdication, a total dissolution of government. Whoever takes from the king his executive power, takes from the king his kingship. "The laws which forbid a man to pursue his right one way, ought to be understood with this equitable restriction, that one finds judges to whom he may apply."

I can't but observe that cruel and unheard-of neglect of that enemy to his king and country, the author of this Act, that, when all business, the very life and being of a commercial state, was to be carried on by the use of stamps, that wicked and execrable minister never paid the least regard to the miseries of this extensive continent, but suffered the time for the taking place of the Act to elapse months before a single stamp was received. Though this was a high piece of infidelity to the interest of his royal master, yet it makes it evident that it could never be intended, that if stamps were not to be had, it should put a stop to all justice, which is, ipse facto, a dissolution of society.

It is a strange kind of law which we hear advanced nowadays, that because one unpopular Act can't be carried into execution, that therefore there shall be an end of all law. We are not the first people who have risen to prevent the execution of a law; the very people of England themselves rose in opposition to the famous Jew-bill, and got that immediately repealed. And lawyers know that there are limits, beyond which, if parliaments go, their acts bind not.

The king is always presumed to be present in his courts, holding out the law to his subjects; and when he shuts his courts, he unkings himself in the most essential point. Magna Charter and the other statutes are full, "that they will not defer, delay, nor deny any man justice"; "that it shall not be commanded by the Great Seal, or in any other way, to disturb or delay common right." The judges of England are "not to counsel, or assent to anything which may turn to the damage or disherison of the crown." They are sworn not to deny to any man common right, by the king's letters, nor none other man's, nor for none other cause. Is not the dissolution of society a disherison of the crown? The "justices are commanded that they shall do even law and execution of right to all our subjects, rich and poor, without having regard to any person, without letting to do right for any letters or commandment which may come to them, or by any other cause."

ANECDOTES AND CHARACTERISTICS OF OTIS, ETC. OTIS AND HIS FELLOW PATRIOTS.

Professor Hosmer draws the following pictures of Otis and his contemporaries:

"The splendid Otis, whose leadership was at first unquestioned, was like the huge cannon on the man-of-war, in Victor Hugo's story, that had broken from its moorings in the storm, and become a terror to those whom it formerly defended. He was indeed a great gun, from whom in the time of the Stamp Act had been sent the most powerful bolts against unconstitutional oppression. With lashings parted, however, as the storm grew violent he plunged dangerously from side to side, almost sinking the ship, all the more an object to dread from the calibre that had once made him so serviceable. It was a melancholy sight, and yet a great relief, when his friends saw him at last bound hand and foot, and carried into retirement.

"Bowdoin, also, was not firm in health, and though most active and useful in the Council, had thus far done little elsewhere. Hawley, far in the interior, was often absent from the centre in critical times, and somewhat unreliable through a strange moodiness. Cushing was weak. Hancock was hampered by foibles that some times quite canceled his merits. Quincy was a brilliant youth, and, like a youth, sometimes fickle. We have seen him ready to temporize, when to falter was destruction, as at the time of the casting over of the tea; again in unwise fervor, he would counsel assassination as a proper expedient. Warren, too, could rush into extremes of rashness and ferocity, wishing that he might wade to the knees in blood, and had just reached sober, self-reliant manhood when he was taken off.

"John Adams showed only an intermittent zeal in the public cause until the preliminary work was done, and Benjamin Church, half-hearted and venal, early began the double-dealing which was to bring him to a traitor's end. There was need in this group of a man of sufficient ascendency, thorough intellect and character, to win deference from all--wise enough to see always the supreme end, to know what each instrument was fit for, and to bring all forces to bear in the right way--a man of consummate adroitness, to sail in torpedo-sown waters without exciting an explosion, though conducting wires of local prejudice, class sensitiveness, and personal foible on every hand led straight down to magazines of wrath which might shatter the cause in a moment--a man having resources of his own to such an extent that he could supplement from himself what was wanting in others--always awake, though others might want to sleep, always at work though others might be tired--a man devoted, without thought of personal gain or fame, simply and solely to the public cause. Such a man there was, and his name was Samuel Adams."

OTIS AND ADAMS.

Professor Hosmer thus compares Otis and Adams:

"Otis' power was so magnetic that a Boston town meeting, upon his mere entering, would break out into shouts and clapping, and if he spoke he produced effects which may be compared with the sway exercised by Chatham, whom as an orator he much resembled. Long after disease had made him utterly untrustworthy, his spell remained. He brought the American cause to the brink of ruin, because the people would follow him, though he was shattered.

"Of this gift Samuel Adams possessed little. He was always in speech, straightforward and sensible, and upon occasion could be impressive, but his endowment was not that of the mouth of gold.

"While Otis was fitful, vacillating and morbid, Samuel Adams was persistent, undeviating, and sanity itself. While Samuel Adams never abated by a hair his opposition to the British policy, James Otis, who at the outset had given the watch-word to the patriots, later, after Parliament had passed the Stamp Act, said:

"'It is the duty of all humbly and silently to acquiesce in all the decisions of the supreme legislature. Nine hundred and ninety-nine in a thousand will never entertain the thought but of submission to our sovereign, and to the authority of Parliament in all possible contingencies.'"

OTIS AS AN AUTHOR.

In 1762, a pamphlet appeared, bearing the following title: "A Vindication of the Conduct of the House of Representatives, of the Province of the Massachusetts Bay: more particularly in the last session of the General Assembly. By James Otis, Esq., a Member of said House.

"Let such, such only, tread this sacred floor, Who dare to love their country and be poor. Or good though rich, humane and wise though great, Jove give but these, we've naught to fear from fate.

Boston, printed by Edes and Gill."

Instead of copious quotations from this patriotic work, we present the following judgment upon its merits by one best qualified to estimate its worth. "How many volumes," says John Adams, "are concentrated in this little fugitive pamphlet, the production of a few hurried hours, amidst the continual solicitation of a crowd of clients; for his business at the bar at that time was very extensive, and of the first importance, and amidst the host of politicians, suggesting their plans and schemes!

"Look over the Declarations of Rights and Wrongs issued by Congress in 1774.

"Look into the Declaration of Independence in 1776.

"Look into the writings of Dr. Price and Dr. Priestley.

"Look into all the French constitutions of government; and to cap the climax, look into Mr. Thomas Paine's 'Common Sense, Crisis, and Rights of Man;' what can you find that is not to be found in solid substance in this Vindication of the House of Representatives?"

THE TOWN MEETING.

Another important feature in the unfolding of our free institutions, was the system of town meetings which began to be held as early as 1767.

"The chief arena of James Otis' and Sam Adams' influence," as Governor Hutchinson wrote to Lord Dartmouth, "was the town meeting, that Olympian race-course of the Yankee athlete."

Writing to Samuel Adams in 1790 John Adams, looking back to the effect of these events, says:

"Your Boston town meetings and our Harvard College have set the universe in motion."

One held in October of 1767 was presided over by James Otis, and was called to resist new acts of British aggression on colonial rights. On September 12, 1768, a town meeting was held, which was opened with a prayer by Dr. Cooper. Otis was chosen moderator.

The petition for calling the meeting requested, that inquiry should be made of his Excellency, for "the grounds and reasons of sundry declarations made by him, that three regiments might be daily expected," etc.

A committee was appointed to wait upon the governor, urging him in the present critical state of affairs to issue precepts for a general assembly of the province, to take suitable measures for the preservation of their rights and privileges; and that he should be requested to favor the town with an immediate answer.

In October several ship-loads of troops arrive.

The storm thickens.

Another town meeting is called, and it is voted that the several ministers of the Gospel be requested to appoint the next Tuesday as a day of fasting and prayer.

The day arrives, and the place of meeting is crowded by committees from sixty-two towns.

They petition the governor to call a General Court. Otis appeared in behalf of the people, under circumstances that strongly, attest his heroism.

Cannon were planted at the entrance of the building, and a body of troops were quartered in the representatives' chamber.

After the court was opened, Otis rose, and moved that they should adjourn to Faneuil Hall.

With a significant expression of loathing and scorn, he observed, "that the stench occasioned by the troops in the hall of legislation might prove infectious, and that it was utterly derogatory to the court to administer justice at the points of bayonets and mouths of cannon."

JAMES OTIS AT THE BATTLE OF BUNKER HILL.

In the sketch of the life of James Otis, as presented in Appleton's "Cyclopedia of American Biography," an interesting account is given of the part James Otis played in the noted battle of Bunker Hill, in June, 1775.

The minute men who, hastening to the front, passed by the house of the sister of James Otis, with whom he was living, at Watertown, Mass.

At this time he was harmlessly insane, and did not need special watching.

But, as he saw the patriotic farmers hurrying by and heard of the rumor of the impending conflict, he was suddenly seized with a martial spirit. Without saying a word to a single soul, he slipped away unobserved and hurried on towards Boston. On the roadside he stopped at a farmhouse and borrowed a musket, there being nothing seemingly in his manner to suggest mental derangement. Throwing the musket upon his shoulder he hastened on, and was soon joined by the minute men coming from various directions. "Falling in" with them, he took an active part in that eventful contest until darkness closed in upon the combatants. Then, wearied beyond description, though he was, he set out for home after midnight. He afterwards pursued his sad and aimless life, as though nothing unusual had occurred.

INFLUENCE OF THE BATTLE OF BUNKER HILL

Two days before the battle of Bunker Hill Washington had been appointed by the Continental Congress Commander in Chief.

The news of the battle was brought. Foreseeing the significance of the result he said, "The liberties of the country are safe."

Four days afterward Thomas Jefferson entered Congress and the next day news was brought of the Charlestown conflict. "This put fire into his ideal statesmanship." Patrick Henry hearing of it said, "I am glad of it; a breach of our affections was needed to rouse the country to action."

Franklin wrote to his English friends: "England has lost her colonies forever."

THE ANCESTORS OF JAMES OTIS.

Carlyle says: "I never knew a clever man who came out of entirely stupid people." James Otis's great qualities "were an inheritance, not an accident, and inheritance from the best blood of old England." Many years ago, when George Ticknor of Boston was a guest of Lady Holland, at the famous Holland House, in London, her ladyship remarked to him, in her not very engaging way:

"I understand, Mr. Ticknor, that Massachusetts was settled by convicts."

"Indeed," said Mr. Ticknor, "I thought I was somewhat familiar with the history of my State, but I was not aware that what you say was the case."

"But," he continued, "I do now remember that some of your ladyship's ancestors settled in Boston, for there is a monument to one of them in King's Chapel."

James Otis inherited that sturdy New England pride which puts manhood above dukedoms and coronets.

"A king may make a belted knight, A marquis, duke and a' that, But an honest man's aboon his might."

From a race of the true kings of men he was descended, who conquered out of the jaws of the wilderness the priceless inheritance of American privilege and freedom. And while kings at home were trying to crush out the liberties of their subjects, or were dallying with wantons in the palaces built out of the unrequited toil of the long-suffering and downtrodden people, these men of iron were the pioneers of American civilization, at a time, which Holmes so graphically describes:

"When the crows came cawing through the air To pluck the Pilgrim's corn, And bears came snuffing round the door Wherever a babe was born; And rattlesnakes were bigger round Than the butt of the old ram's horn The deacon blew at meeting time, On every Sabbath morn."

COL. BARRE ON JAMES OTIS.

In the debate on the Boston Port Bill in Parliament, April 15th, 1774, Colonel Barre referred to the ruffianly attack made on Mr. Otis, and his treatment of the injury, in a manner that reflects honor on both of the orators.

"Is this the return you make them?" inquired the British statesman.

"When a commissioner of the customs, aided by a number of ruffians, assaulted the celebrated Mr. Otis, in the midst of the town of Boston, and with the most barbarous violence almost murdered him, did the mob, which is said to rule that town, take vengeance on the perpetrators of this inhuman outrage against a person who is supposed to be their demagogue?

"No, sir, the law tried them, the law gave heavy damages against them, which the irreparably injured Mr. Otis most generously forgave, upon an acknowledgment of the offense.

"Can you expect any more such instances of magnanimity under the principle of the Bill now proposed?"

THE GENEROSITY OF OTIS.

He was distinguished for generosity to both friends and foes. Governor Hutchinson said of him: "that he never knew fairer or more noble conduct in a speaker, 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."

JOHN ADAMS ON OTIS.

But in that contest over the "Writs of Assistance," there was something nobler exhibited than superiority to mercenary consideration.

"It was," says the Venerable President, John Adams, "a moral spectacle more affecting to me than any I have since 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!

"The crown, by its agents, accumulated construction upon construction, and inference upon inference, as the giants heaped Pelion upon Ossa; but Otis, like Jupiter, dashed this whole building to pieces, and scattered the pulverized atoms to the four winds; and no judge, lawyer, or crown officer dared to say, why do ye so?

"He raised such a storm of indignation, that even Hutchinson, who had been appointed on purpose to sanction this writ, dared not utter a word in its favor, and Mr. Gridley himself seemed to me to exult inwardly at the glory and triumph of his pupil."

OTIS COMPARED WITH RANDOLPH.

"The wit exemplified by Mr. Otis in debate," says Dr. Magoon, "was often keen but never malignant, as in John Randolph. The attacks of the latter were often fierce and virulent, not unfrequently in an inverse proportion to the necessity of the case.

"He would yield himself up to a blind and passionate obstinacy, and lacerate his victims for no apparent reason but the mere pleasure of inflicting pangs.

"In this respect, the orator of Roanoke resembled the Sicilian tyrant whose taste for cruelty led him to seek recreation in putting insects to the torture. If such men cannot strike strong blows, they know how to fight with poisonous weapons; thus by their malignity, rather than by their honorable skill, they can bring the noblest antagonist to the ground.

"But Mr. Otis pursued more dignified game and with a loftier purpose.

"He indeed possessed a Swiftian gift of sarcasm, but, unlike the Dean of St. Patrick's, and the forensic gladiator alluded to above, he never employed it in a spirit of hatred and contempt towards the mass of mankind.

"Such persons should remember the words of Colton, that, 'Strong and sharp as our wit may be, it is not so strong as the memory of fools, nor so keen as their resentment; he that has strength of mind to forgive, is by no means weak enough to forget; and it is much more easy to do a cruel thing than to say a severe one.'"

ORATORICAL POWERS

Many of the most effective orators, of all ages, have not been most successful in long and formal efforts. Nor have they always been close and ready debaters. "Sudden bursts which seemed to be the effect of inspiration--short sentences which came like lightning, dazzling, burning, striking down everything before them--sentences which, spoken at critical moments, decided the fate of great questions--sentences which at once became proverbs --sentences which everybody still knows by heart"--in these chiefly lay the oratorical power of Mirabeau and Chatham, Patrick Henry and James Otis.--E. L. Magoon.

THE ELOQUENCE OF OTIS.

Otis was naturally elevated in thought, and dwelt with greatest delight in the calm contemplation of the lofty principles which should govern political and moral conduct.

And yet he was keenly suspectible to excitement. His intellect explored the wilderness of the universe only to increase the discontent of those noble aspirations of his soul which were never at rest.

In early manhood he was a close student, but as he advanced in age he became more and more absorbed in public action.

As ominous storms threatened the common weal, he found less delight in his library than in the stern strife of the forum.

As he prognosticated the coming tempest and comprehended its fearful issue, he became transformed in aspect like one inspired.

His appearance in public always commanded prompt and profound attention; he both awed and delighted the multitudes whom his bold wisdom so opportunely fortified.

"Old South," the "Old Court House," and the "Cradle of liberty," in Boston, were familiar with his eloquence, that resounded like a cheerful clarion in "days that tried men's souls." It was then that his great heart and fervid intellect wrought with disinterested and noble zeal; his action became vehement, and his eyes flashed with unutterable fire; his voice, distinct, melodious, swelling, and increasing in height and depth with each new and bolder sentiment, filled, as with the palpable presence of a deity, the shaking walls. The listeners became rapt and impassioned like the speaker, till their very breath forsook them.

He poured forth a "flood of argument and passion" which achieved the sublimes" earthly good, and happily exemplified the description which Percival has given of indignant patriotism expressed in eloquence:

"Its words Are few, but deep and solemn, and they break Fresh from the fount of feeling, and are full Of all that passion, which, on Carmel, fired The holy prophet, when his lips were coals, The language winged with terror, as when bolts Leap from the brooding tempest, armed with wrath Commissioned to affright us, and destroy."--E. L. Magoon.

OTIS COMPARED WITH AMERICAN ORATORS.

"His eloquence, like that of his distinguished successors, was marked by a striking individuality.

"It did not partake largely of the placid firmness of Samuel Adams; or of the intense brilliancy and exquisite taste of the younger Quincy; or the subdued and elaborate beauty of Lee; or the philosophical depth of John Adams; or the rugged and overwhelming energy of Patrick Henry; though he, most of all Americans, resembled the latter."--E. L. Magoon.

OTIS COMPARED WITH ENGLISH ORATORS.

"Compared with English orators," Dr. Magoon says, "our great countryman was not unlike Sheridan in natural endowment.

"Like him, he was unequaled in impassioned appeals to the general heart of mankind.

"He swayed all by his electric fire; charmed the timid, and inspired the weak; subdued the haughty, and enthralled the prejudiced.

"He traversed the field of argument and invective as a Scythian warrior scours the plain, shooting most deadly arrows when at the greatest speed.

"He rushed into forensic battle, fearless of all consequences; and as the ancient war-chariot would sometimes set its axle on fire by the rapidity of its own movement, so would the ardent soul of Otis become ignited and fulminate with thought, as he swept irresistibly to the goal.

"When aroused by some great crisis, his eloquent words were like bolts of granite heated in a volcano, and shot forth with unerring aim, crashing where they fell."

PHYSICAL APPEARANCE.

In respect to physical ability, Otis was happily endowed. One who knew him well has recorded, that "he was finely formed, and had an intelligent countenance: his eye, voice, and manner were very impressive.

"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.

"His eloquence showed but little imagination, yet it was instinct with the fire of passion."