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.'"