Chapter 4

He made on the occasion one of his notable addresses. He referred with enthusiasm to the "expulsion of the heathen"-- meaning the French, and then expressed sentiments of strong affection for Great Britain and appreciation of the filial relations of the American Colonies to her.

In these utterances Otis reflected the sentiment of the Bostonians and of the whole people. The General Assembly of Massachusetts took up the theme and passed resolutions of gratitude and loyalty. At this particular juncture the Americans did not anticipate what was soon to follow.

The English Ministry was already preparing a scheme for the raising of revenue in America: The question of the right of taxation suddenly obtruded itself. The Americans claimed the right as Englishmen to tax themselves. The English ministers replied that Parliament, and not the Colonial Assemblies, was the proper body to vote taxes in any and all parts of the British Empire. The Americans replied that they were not represented in Parliament. Parliament replied that many of the towns, shires, and boroughs in England were not represented. If they were not represented, they ought to be, said the Americans;--and thus the case was made up.

By the beginning of 1764 it was known that the Ministers had determined to make a rigorous enforcement of the Sugar Act. Than this, nothing could be more odious to America.

In the spring of the year just named, the citizens of Boston held a great meeting to protest against the impending policy of the crown. As a member of the Assembly and as chairman of a committee Mr. Otis made a report which was ordered to be sent to the agent of the government along with the copy of Otis's recent pamphlet, "The Rights of the British Colonies asserted and proved."

At this time Lieutenant-Governor Hutchinson was about to become the representative of the Colony in its contention with the crown and for some reason, not very apparent, Mr. Otis favored his appointment. Governor Bernard, however, opposed the measure, and Hutchinson declined the appointment. Otis's course was censured by the patriots and his popularity was for the while impaired. However, he took strong grounds against the Sugar Act, and soon afterward still more strenuously opposed the Stamp Act.

He regained the impaired confidence of the people and at the close of the session of the Assembly he was appointed chairman of a committee to correspond with the other Colonies, and thus to promote the common interest of all. This, after the intercolonial conference which Franklin had promoted, was perhaps the first step towards the creation of the Continental Congress. Mr. Otis's letter to the provincial agent went to England, though it was sent in the name of the Lower House only. In this document the writer said:

"Granting 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."

This document was one of the few American papers which was read and criticized in the British Parliament. The merits of Mr. Otis's pamphlet were actually debated in the House of Lords by Lord Littleton and Lord Mansfield. The latter in the course of his remarks said:

"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 is said the man is mad. What then? One madman often makes many. Massaniello was mad, nobody 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."

It was in the course of this pamphlet that the Mr. Otis spoke so strongly on taxation and representation. "The very act of taxing," said he, "exercised over those who are not represented, appears to me to be depriving them of one of their most essential rights; and, if continued seems to be, in effect, an entire disfranchisement of every civil right. For what one civil right is worth a rush, after a man's property is subject to be taken from him at pleasure, without his consent?"[2]

In this was the germ of the stern resistance offered by the Americans to the Stamp Act. No man in the colonies did so much to confute the principles on which the Stamp Act rested as did James Otis.

When the General Assembly of Massachusetts met in May of 1765, Governor Bernard urged in his address the duty of submission to Parliament as to the "conservators of liberty." It was this recommendation which being referred to a Committee, of which Otis was a member, led to the adoption of a resolution for the holding of a Colonial Congress in New York.

Nine colonies accepted the invitation of Massachusetts, and James Otis headed the delegation of three members chosen to represent the mother colony in that prophetic body.

The story of the contest of the Americans with the home government on the subject of the Stamp Act is well known. The controversy resulted on the 18th of March, 1766, in the repeal of the Act by Parliament. But the repeal was accompanied with a salvo to British obduracy in the form of a declaration that Parliament had "the right to bind the colonies in all cases whatsoever."

Notwithstanding this hateful addendum, the repeal of the Act was received in America with the greatest joy. During the excitement antecedent to the repeal, mobs had surged through the streets of Boston, building bonfires and burning effigies of officers and other adherents of the king's party. In one of these ebullitions, the house of Lieutenant-Governor Hutchinson was attacked and pillaged. The better people had nothing to do with it. Many were arrested and imprisoned.

Governor Bernard was so much alarmed that he declared himself to be a governor only in name. The partisans of the crown started a story that James Otis was the instigator of the riots. There is a hint to this effect in Hutchinson's "History of Massachusetts Bay." But it is evident that the charge was unfounded--except in this, that in times of public excitement the utterances of orators are frequently wrested from their purpose by the ignorant and made to do service in the cause of anarchy.

Meanwhile on the first of November, Mr. Otis returned from the Congress in New York, laid a copy of the proceedings before the Assembly, and was formally thanked for his services.

During the Stamp Act year, Mr. Otis found time to compose two pamphlets setting forth his views on the great questions of the day. There had recently appeared a letter written by a Halifax gentleman and addressed to a Rhode Island friend. The latter personage was unknown; the former was ascertained to be a certain Mr. Howard. The so-called "Letter" was written with much ability and in a bitter spirit.

To this Otis replied with great asperity, and with his power of invective untrammeled. He called his pamphlet "A Vindication of the British Colonies against the Aspersions of the Halifax Gentleman, in his Letter to a Rhode Island Friend." A single passage from the work may serve to show the cogency of the writer's style and especially his anticipation of the doctrines of the Declaration of Independence.

"Is the gentleman," said he, "a British-born subject and a lawyer, and ignorant that charters from the crown have usually been given for enlarging the liberties and privileges of the grantees, not for limiting them, much less for curtailing those essential rights, which all his Majesty's subjects are entitled to, by the laws of God and nature, as well as by the common law and by the constitution of their country?

"The gentleman's positions and principles, if true, would afford a curious train of consequences. Life, liberty, and property are, by the law of nature, as well as by the common law, secured to the happy inhabitants of South Britain, and constitute their primary, civil, or political, rights."

The other pamphlet bearing date of September 4, 1765, was entitled "Considerations on Behalf of the Colonists, in a Letter to a Noble Lord." In this the writer discusses the question of Taxation and in particular the specious claim of the British Ministry that the home government might justly tax the colonists to defray the expenses of the French and Indian War.

In answer to this Otis says, in a manner worthy of an American patriot in the year 1898, "The national debt is confessed on all hands to be a terrible evil, and may in time ruin the state. But it should be remembered, that the colonies never occasioned its increase, nor ever reaped any of the sweet fruits of involving the finest kingdom in the world in the sad calamity of an enormous, overgrown mortgage to state and stock-jobbers."

The period here under consideration was that in which the Stamp Act was nominally in force. The law required all legal business to be done on stamped paper. Therefore no legal business was done.

Hutchinson in his History says: "No wills were proved, no administrations granted, no deeds nor bonds executed." Of course matters could not go on in this manner forever. Governor Bernard was induced to call the legislature together. When that body convened an answer to the Governor's previous message was adopted by the House, and the answer was the work of James Otis. An extract will show the temper of the people at that juncture:

"The courts of justice must be open, open immediately, and the law, the great rule of right, in every county in the province, executed. The stopping the courts of justice is a grievance which this House must inquire into. Justice must be fully administered through the province, by which the shocking effects which your Excellency apprehended from the people's non-compliance with the Stamp Act will be prevented."

Meanwhile the public agitation continued; the newspapers teemed with controversy. The administration was firm, but patriotism was rampant. The party of the people adopted the policy of embarrassing the government as much as possible. Then came the news of the repeal of the act, and the jubilation of the people to which we have already referred came after.

When the legislature met in May of 1767, James Otis was chosen speaker; but his election was vetoed by the Governor. The House was obliged to submit, which it did in sullen temper, and then chose Thomas Cushing for its presiding officer. The other elections indicated the patriotic purpose of the House.

There was almost a deadlock between the legislative and executive departments. Governor Bernard addressed the representatives in a supercilious and dogmatic manner, which they for their part resented with scant courtesy.

On one occasion they said (the language being Otis's) in a concluding paragraph: "With regard to the rest of your Excellency's speech, we are sorry we are constrained to observe, that the general air and style of it savor much more of an act of free grace and pardon, than of a parliamentary address to the two Houses of Assembly; and we most sincerely wish your Excellency had been pleased to reserve it, if needful, for a proclamation."

The state papers on affairs--at least that portion of them emanating from the legislative department--were, up to the year 1769, nearly all prepared by Mr. Otis; but it was generally necessary to tone down the first drafts of his work. For this duty the speaker (Thomas Cushing) and Samuel Adams were generally selected. It was reckoned necessary to put the damper on the fire!

The popular tendency at this time was illustrated in a proposition made by Mr. Otis to open the gallery of the House to such of the people as might wish to hear the debates.

Otis continued his correspondence, a great deal of which was official. His style and spirit suited the temper of the representatives, and they kept him occupied as chairman of a committee to answer messages from the Government, and, indeed, messages from anybody who might assail the patriot party.

In the meantime the animosity between him and the Governor of the province waxed hot. The Governor constantly charged the patriot leader with being an incendiary, and the latter replied in a manner to convict Governor Bernard of despotic usages and a spirit hostile to American liberty.

The next measure adopted by Parliament inimical to the colonies was the act of 1767 imposing duties on glass, paper, painters' colors, and tea, and appointing a commission for the special purpose of collecting the revenues. The commissioners so appointed were to reside in the colonies.

This measure, hardly less odious than the Stamp Act, was strangely enough resisted with less vehemence. Several of the popular leaders were disposed to counsel moderation. Among these was Otis himself. But nearly all outside of the official circles were united against the new act. They formed associations and signed agreements not to use any of the articles on which the duty was imposed. This was equivalent to making the act of no effect.

In the legislative assembly of 1768, Mr. Otis was appointed with Samuel Adams to prepare an important paper on the state of public affairs. This they did by drawing up a petition which has been regarded as one of the ablest of its kind.

There is some controversy as to who actually wrote this famous paper, but it appears to have been done mostly by Mr. Otis, though the refining hand of Samuel Adams may be clearly seen in the style. The publication of the paper still further strained the relations between Governor Bernard and the representative branch.

Meanwhile, the news of the assembling of the Colonial Congress in New York had produced a sensation in England, and the petition of the Massachusetts legislature added to the temper of the ministry. In May of 1768, Bernard sent to the assembly a requisition that that body should rescind the resolution which they had passed for sending a circular letter to the other colonies.

To this Mr. Otis, acting for the assembly, prepared a reply which, while it was not less severe, was more respectful and concessive than were most of his communications. At the conclusion he says:

"We have now only to inform your Excellency, that this House have voted not to rescind, as required, the resolution of the last House; and that, upon a decision on the question, there were ninety-two nays and seventeen yeas."

In this manner the controversy dragged on through the years 1768-69, but in the summer of the former year an event occurred which roused the people to a high pitch of excitement. Some of the custom-house officers seized a vessel belonging to John Hancock. For this they were assailed by a mob which burned the boat of the collector of customs. The officers fled to the castle. It was for this business that a body of British soldiers was first sent to Boston.

On the 12th of September, 1768, a great meeting was held in Faneuil Hall, but the crowd was such as to make necessary and adjournment to Sewall's Meeting-house. James Otis was moderator of the meeting. The presence of British soldiers, evidently sent to Boston to enforce the decrees of an arbitrary government, was sufficient to bring into play all the elements of patriotism.

The British soldier's coat in the old town was of the same color as the scarf which the picador shakes in the face of the enraged animal! The effect in either case was the same.

At the meeting just mentioned, Mr. Otis presided and spoke. A report of what occurred was written (presumptively by some enemy of the patriots), and was sent as a report to the British ministry. In this Otis was charged with saying, "In case Great Britain is not disposed to redress our grievances after proper application, the people have nothing more to do, but to gird the sword on the thigh and shoulder the musket." Doubtless this report was a perversion of the truth.

Other meetings were held, and resolutions were the order of the day. On the 22nd of June, Faneuil Hall was again crowded. James Otis, Thomas Cushing, Samuel Adams, and John Hancock were selected as representatives to meet Committees of other towns in a convention. At this meeting it was voted that the people should arm themselves. The convention met with delegates present from nearly ninety towns. The movement against the ministerial scheme had already become revolutionary.

Meanwhile in 1768, the general assembly was unceremoniously prorogued by Governor Bernard, but in May of the following year, the body was re-convened. On the meeting day the building was surrounded with British troops.

Otis made an address, declaring that free legislation would be impossible in the presence of an armed soldiery. He moved the appointment of a committee to remonstrate with the Governor, and to request the withdrawal of the soldiers. To this the Governor replied evasively that he had not the authority to order the withdrawal of the military. Otis in answer reported that the Governor's reply was according to English law, more impossible than the thing which the Assembly had petitioned for.

The matter resulted in the adjournment of the body to meet at Cambridge, in the chapel of Harvard College. Assembled at that place the legislature was addressed by Otis with impassioned eloquence. The people as well as the legislators were gathered.

"The times are dark and trying," said the speaker. "We may soon be called on in turn to act or to suffer." "You," he continued, "should study and emulate the models of ancient patriotism. To you your country may one day look for support, and you should recollect that the noblest of all duties is to serve that country, and if necessary to devote your lives in her cause."

The House soon prepared a paper to be sent to the British Ministry denouncing the administration of Governor Bernard and protesting against the further presence of a British Soldiery in Boston. On the 27th of June, 1769, the representatives went further and prepared a petition, praying for the removal of Bernard from the government. This they might well do for the king had already recalled him!

The Governor went away in such odor as the breezes of the Old Bay have hardly yet dissipated. He went away, but in the fall added his compliments to the Americans by the publication of sundry letters in which they were traduced and vilified. To this James Otis and Samuel Adams, were appointed a committee to reply. They did so in a pamphlet entitled "An Appeal to the World, or a Vindication of the Town of Boston," etc.

It was in these tumultuous and honorable labors and excitements extending over a period of fully ten years that the intellect of James Otis became overstrained and, at length, warped from its purpose.

We may regard his rational career as ending with the year 1769. In September of this year it was noticed that he had become excitable, and that his natural eccentricity was accented at times to the extent of rendering his conduct irrational.

It was at this time that he published in the Boston "Gazette" what he called an advertisement, in which he placarded the four commissioners of customs, on the ground that they had assailed his character, declaring that they had formed a confederacy of villainy, and warning the officers of the crown to pay no attention to them.

On the evening of the following day, Mr. Otis went into a coffee-house where John Robinson, one of the commissioners whom he had lampooned, was sitting. On entering the room, Mr. Otis was attacked by Robinson who struck him with his cane. Otis struck back. There was a battle. Those who were present were Robinson's friends. The fight became a melee.

A young man named Gridley undertook to assist Otis, but was himself overpowered and pitched out of the house. Mr. Otis was seriously wounded in the head, and was taken to his house, bleeding and exhausted. The principle wound appeared to be inflicted with a sword; it was in the nature of a cut, and an empty scabbard was found on the floor of the room in which the altercation occurred.

On the morrow, Boston was aflame with excitement. Otis was seriously injured; in fact he never recovered from the effects of the assault. He brought suit against Robinson, and a jury gave a judgment of two thousand pounds damages against the defendant. The latter arose in court with a writing of open confession and apology, and hereupon the spirited and generous Otis refused to avail himself of the verdict.

Could he have thrown off the effects of the injury in like manner, his last years might have been a happier sequel to a useful and patriotic life.

During the sessions of the Assembly, in the years 1770 and 1771, James Otis retained his membership, but the mental disease which afflicted him began to grow worse, and he participated only at intervals (and eccentrically) in the business of legislation.

In May of 1770, a town meeting was held in Boston, and a resolution of thanks was passed to the distinguished representative for his services in the General Assembly. This was on the occasion of his retirement into the country, in the hope of regaining his health. At the close, the resolution declared:

"The town cannot but express their ardent wishes for the recovery of his (Mr. Otis's) health, and the continuance of those public services, that must long be remembered with gratitude, and distinguish his name among the Patriots of America."

From this time forth the usefulness of James Otis was virtually at an end. In the immortal drama on which the curtain was rising --the drama of Liberty and Independence--he was destined to take no part. The pre-revolutionist in eclipse must give place to the Revolutionist who was rising. John Adams came after, not wholly by his own ambition, but at the call of inexorable History, to take the part and place of the great Forerunner.

What must have been the thoughts and emotions of that Forerunner when the minute men of Massachusetts came firing and charging after the British soldiers in full retreat from Concord Bridge and Lexington? With what convulsion must his mind, in semi-darkness and ruin, have received the news of the still greater deed at Bunker Hill? History is silent as to what the broken Titan thought and said in those heroic days.

The patriot in dim eclipse became at times wholly rational, but with the least excitement his malady would return. In conversation something of his old brilliancy would return in flashes. For the rest, the chimes in that high soul no longer played the music of reason, but gave out only the discords of insanity. He was never reduced to serious delirium or to violent frenzy, but he was an insane man; and under this shadow he walked for the greater part of ten years, during which Independence was declared and the Revolution fought out to a victorious end.