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James Otis The Pre-Revolutionist [16]

By Root 1860 0
of ingratitude and oppression in attempting to impose tyrannical enactment on the people of America. Thus he concluded his argument appeal.

Those who heard the oration were convulsed with excitement. The King's party was enraged. The patriots were inspired and defiant. It was in every respect a critical and a historic hour.

What would the court do with the case? The action of that body was obscure and double. There seems to have been a disposition of the Associate Judges to decide for the counter-petitioners; but Chief Justice Hutchinson induced them to assent to his policy of withholding a decision. He accordingly announced that the court would decide the case at the ensuing session. He then wrote to the home government, and the records show that the decision was rendered for the petitioners. That is, for the Custom House officials, and in favor of the Writs.

The Chief Justice is also on record to the effect that he continued to issue the Writs; but if so, no officer of the king ever dared to present one of them in Boston! The famous (and infamous) Writs of Assistance were as dead as the mummies of Egypt.

It is from this point of view that the character and work of James Otis appear to the greatest historical advantage. There can be no doubt that his was the living voice which called to resistance, first Boston, then Massachusetts, then New England and then the world! For ultimately the world heard the sound thereof and was glad. The American Colonies resisted, and at length won their independence. The sparks fell in France, and the jets of flame ran together in a conflagration the light of which was seen over Europe, and if over Europe, then over the world. The Pre-revolutionist had cried out and mankind heard him. Resistance to tyranny became obedience to God.

We shall here sketch rapidly and briefly the unsteady way and unfortunate decline of James Otis down to the time of the eclipse of his intellect and his tragic death.

Three months after he had, according to John Adams; "breathed into the nation the breath of life," he was chosen to represent Boston in the legislature of the Commonwealth. All of his colleagues were patriots. Boston was in that mood.

There runs a story that when he was entering upon his duties he was counselled by a friend to curb his impetuosity and to gain leadership by the mastery of self--advice most salutary to one of his temperament. But it was much like advising General Putnam to be calm at Bunker Hill! Otis promised, however, that if his friends would warn him when his temperature was rising, he would command himself.

It is also narrated that his friends did attempt to pluck him by the coat, but he turned upon them demanding to know if he was a school boy to be called down!

At this time the relations between Governor Bernard and the Legislature were greatly strained. Otis rather increased the tension. A question arose about a financial measure whereby gold was to be exported and silver money retained as the currency of the colony--the former at less than its nominal value--in a manner to juggle the people into paying their obligations twice over. The argument became hot and the Council taking the side of the administration was opposed by the legislative assembly.

Chief Justice Hutchinson and James Otis got into a controversy which was bitter enough, and which may be illustrated with the following letter which James Otis addressed to the printer of a newspaper:

"Perhaps I should not have troubled you or the public with any thoughts of mine, had not his Honor the Lieutenant-Governor condescended to give me a personal challenge. This is an honor that I never had vanity enough to aspire after, and I shall ever respect Mr. Hutchinson for it so long as I live, as he certainly consulted my reputation more than his own when he bestowed it. A general officer in the army would be thought very condescending to accept, much more to give, a challenge to a subaltern. The honor of entering the lists with a gentleman so much one's superior in one
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