"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.