James Otis The Pre-Revolutionist [31]
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
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