Part 2

The youth did not much effect social accomplishments. He had a passion for music and learned to play the violin. With this instrument he was wont to entertain himself in the intervals of study. Sometimes he would play for company. It was one of his habits to break off suddenly and rather capriciously in the midst of what he was doing. Thus did he with his music. It is narrated that on a certain occasion while playing by invitation for some friends, he suddenly put aside the instrument, saying in a sort of declamatory manner as was his wont--

"So fiddled Orpheus and so danced the brutes."

He then ran into the garden, and could not be induced to play the violin again.

Young Otis passed through the regular classes at Harvard and was graduated in 1743. On that occasion he took part in a disputation which was one of the exercises of his class. Otherwise his record at the college is not accented with any special work which he did. At the time of his graduation he was in his nineteenth year. It had been his father's purpose and his own that his profession should be the law. It does not appear, however, that his college studies were especially directed to this end. At any rate, he did not devote himself at once to the law, but assiduously for two years (1743-45) to a general course of study chosen and directed by himself with a view to the further discipline of his mind and the widening of his information. It was an educational theory with Otis that such an interval of personal and spontaneous application should intervene between a young man's graduation and the beginning of his professional career. Having pursued this course with himself he insisted that his younger brother, Samuel Alleyne Otis, should take the same course. In one of his letters to his father--a communication fortunately rescued from the holocaust of his correspondence--he discusses the question and urges the propriety of the young man's devoting a year or two to general study before taking up his law books. An extract from the letter will prove of interest. The writer says: "It is with sincerest pleasure I find my brother Samuel has well employed his time during his residence at home. I am sure you don't think the time long he is spending in his present course of studies; since it is past all doubt they are not only ornamental and useful, but indispensably necessary preparatories for the figure I hope one day, for his and your sake, as well as my own, to see him make in the profession he is determined to pursue. I am sure the year and a half I spent in the same way, after leaving the academy, was as well spent as any part of my life; and I shall always lament I did not take a year or two further for more general inquiries in the arts and sciences, before I sat down to the laborious study of the laws of my country.

"My brother's judgment can't at present be supposed to be ripe enough for so severe an exercise as the proper reading and well digesting the common law. Very sure I am, if he would stay a year or two from the time of his degree, before he begins with the law, he will be able to make better progress in one week, than he could now, without a miracle, in six. Early and short clerkships, and a premature rushing into practice, without a competent knowledge in the theory of law, have blasted the hopes, and ruined the expectations, formed by the parents of most of the students in the profession, who have fallen within my observation for these ten or fifteen years past."

The writer of this well-timed communication then adds in proof of his position, the names of several distinguished jurists who postponed the beginning of their legal studies, or at least their legal practice, to a time of life quite beyond the conventional student period. Mr. Otis then declares his conviction that a young man may well procrastinate his legal studies until he shall have attained the age of thirty or even of forty years. He declares his belief that such postponement will as a rule lead to better result than can be attained by a youth who begins at twenty, however brilliant his genius may be.

This view of the case was with James Otis both theory and practice. He began his legal studies in 1745. In that year he became a law student under the tuition of Jeremiah Gridley who at that time was already regarded as one of the most able and accomplished lawyers in Massachusetts. Preceptor and student were at the first in accord in their political and social principles. At the time of the young man's law course, Gridley was a member of the General Court of Massachusetts. He belonged to the party called Whig; for the political jargon of Great Britain had infected the Americans also, and they divided according to the names and principles of the British partisans of the period.

Judge Gridley, while he remained on the bench, took sides with the colonists in their oncoming contention with the mother country. Afterwards, however, by accepting the appointment of Attorney General he became one of the king's officers, and it was in this relation that he was subsequently brought face to face with his distinguished pupil in the trial of the most remarkable case which preceded the Revolutions.

Mr. Otis devoted two years of time to his legal studies before beginning the practice of his profession. The study of law at that time was much more difficult than at the present day. The student was obliged to begin de novo with the old statutes and decisions, and to make up the science for himself by a difficult induction, which not many young men were able to do successfully.

Law text-books were virtually unknown. Otis did not even have access to "Blackstone's Commentaries." No authoritative works on evidence or pleading existed in the English language.

The student must get down his Acts of Parliament, his decisions of the King's Bench, his Coke, his black-letter dissertations on the common law, and out of these construct the best he could a legal system for himself. To this work Mr. Otis devoted himself from 1745 to 1747, after which he left the office of Judge Gridley and went to Plymouth, where he applied for admission to the bar, and was accepted by the court. He began to practice in 1748--the year of the treaty of Aix-la-Chapelle, when the political and historical status of Europe was again fixed for a brief period.

The young attorney almost immediately took rank at the Plymouth bar. The old records of the court at that place still show the frequent appearance of Otis for one or the other of the parties. In this manner were passed the years 1748 and 1749. It does not appear that at this time he concerned himself very much with the affairs of the town or the larger affairs of the commonwealth. The tax records show his name with an entry to the effect that in 1748 he estimated his personal estate at twenty pounds besides his "faculty," by which was meant, his professional value.

A few incidents of this period in Otis's life have come down by tradition. He soon made a favorable impression on the court and bar. He gained the good opinion of his fellows for both ability and integrity of character. This reputation he carried with him to Boston, whither he removed early in the year 1750. He had already acquired sufficient character to bring his services into requisition at places somewhat distant from Plymouth.

His reception in Boston was accordingly favorable. Beyond the limits of the colony he became known as an advocate. He was sent for in important cases, and showed such signal ability as to attract the admiring attention of both court and people. Already at the conclusion of his twenty-fifth year he was a young man of note, rising to eminence.

There was good ground for this reputation in both his principles of conduct and his legal abilities. From the first he avoided the littleness and quibble which are the bane of the bar. He had a high notion of what a lawyer should be and of the method and spirit in which he should conduct his cases. He had as much dignity as audacity, a sense of justice as keen as the purpose was zealous in pursuing it.

It came to be understood in the courts of Boston when Otis appeared as an advocate that he had a case and believed in it. He avoided accepting retainers in cases, of the justice of which he was in doubt. Pursuing this method, he was sometimes involved in law-suits in which he was constrained to turn upon his own client.

The story goes of one such instance in which he brought suit for the collection of a bill. Believing in his client and in the justice of the claim, he pressed the matter in court and was about to obtain a judgment when he accidentally discovered, among his client's papers, a receipt which the plaintiff had signed for the very claim under consideration. Through some mistake the receipt had again got back into the man's possession, and he had taken advantage of the fact to institute a suit for the collection of the claim a second time.

Seeing through the matter at once, Otis took the plaintiff aside, confronted him with the receipt and denounced him to his face as a rascal. The man gave down and begged for quarter, but Otis was inexorable; he went back to the bar and stated to the court that reasons existed why the case of his client should be dismissed. The court, presided over by Judge Hutchinson, afterward Lieutenant-Governor and Chief Justice of Massachusetts, expressed its surprise at the turn of affairs, complimented Otis for his honorable course as an advocate, commended his conduct to the bar, and dismissed the case.

With the spread of his reputation Mr. Otis was summoned on legal business to distant parts. On one occasion he was called to Halifax to defend some prisoners under arrest for piracy; believing them to be innocent he convinced the court in an eloquent plea and secured the acquittal of the prisoners.

On another occasion he was summoned to Plymouth to defend some citizens of that town who had become involved in a riot on the anniversary of the Gunpowder Plot. It was the custom in the New England towns to observe this day with a mock procession, in which effigies representing the Pope, the Old Bad One, and James the Pretender, were carried through the streets to be consigned at the end to a bonfire. In this instance violence was done by some of the participants; windows were smashed, gates were broken down, etc. Mr. Otis conducted the defense, showing that the arrested persons taking part in a noisy anniversary, and committing acts that were innocent in spirit, if not innocent per se, ought not to be adjudged guilty of serious misdemeanor. This plea prevailed and the young men were acquitted.

It is to be greatly regretted that the legal pleas and addresses of James Otis have not been preserved. A volume of his speeches would reveal not only his style and character, but also much of the history of the times. The materials, however, are wanting. He kept a commonplace book in which most of his business letters of the period under consideration were recorded. But these give hardly a glimpse at the man, the orator, or his work. Tradition, however, is rife with the myth of his method and manner. He was essentially an orator. He had the orator's fire and passion; also the orator's eccentricities--his sudden high flights and transitions, his quick appeals and succession of images.

To these qualities of the orator in general Otis added the power of applying himself to the facts; also the power of cogent reasoning and masterful search for the truth which gained for him at length the fame of first orator of the revolution. The passion and vehemence of the man made him at times censorious and satirical. His manner towards his opponents was at times hard to bear. His wit was of that sarcastic kind which, like a hot wind, withers its object.

All of these dispositions seemed to increase his power and to augment his reputation, but they did not augment his happiness. His character as an advocate and as a man came out in full force during the first period of his Boston practice; that is, in the interval from 1750 to 1755.

On attaining his thirtieth year Mr. Otis came to the event of his marriage. He took in union, in the spring of 1755, Ruth Cunningham, daughter of a Boston merchant. From one point of view his choice was opportune, for it added to his social standing and also to his means. From another aspect, however, the marriage was less fortunate.

The Cunningham family was not well grounded in the principles of patriotism. The timid commercial spirit showed itself in the father, and with this the daughter sympathized. The sharp line of division between patriotism and loyalty had not yet been drawn --as it was drawn five years afterward. But it began to be drawn very soon after the marriage with serious consequences to the domestic peace of the family.

It appears that beside this general cause of divergence, the staid and unenthusiastic character of Mrs. Otis rather chilled the ardor of the husband, and he, for his part, by his vehemence and eccentricity, did not strongly conciliate her favor. There were times of active disagreement in the family, and in later years the marriage was rather a fact than a principle.

The result of Mr. Otis's marriage was a family of one son and two daughters. The son, who was given his father's name, showed his father's characteristics from childhood, and certainly a measure of his genius. The lad, however, entered the navy at the outbreak of the Revolution, became a midshipman, and died in his eighteenth year. The oldest daughter, Elizabeth, went wholly against her father's grain and purpose. Just before the beginning of the Revolution, but after the case had been clearly made up, she was married to a certain Captain Brown, at that time a British officer in Boston, cordially disliked, if not hated, by James Otis. Personally, Brown was respectable, but his cause was odious. He was seriously wounded in the Battle of Bunker Hill. Afterwards he was promoted and was given a command in England. Thither his wife went with him, and Mr. Otis discarded them both, if not with anathema at least with contempt.

It would appear that his natural affection was blotted out. At least his resentment was life-long, and when he came to make his will he described the circumstances and disinherited Elizabeth with a shilling. The fact that Mrs. Otis favored the unfortunate marriage, and perhaps brought it about--availing herself as it is said, of one of Mr. Otis's spells of mental aberration to carry out her purposes--aggravated the difficulty and made her husband's exasperation everlasting.