Part 8

Governor Bernard was so much alarmed that he declared himself to be a governor only in name. The partisans of the crown started a story that James Otis was the instigator of the riots. There is a hint to this effect in Hutchinson's "History of Massachusetts Bay." But it is evident that the charge was unfounded--except in this, that in times of public excitement the utterances of orators are frequently wrested from their purpose by the ignorant and made to do service in the cause of anarchy.

Meanwhile on the first of November, Mr. Otis returned from the Congress in New York, laid a copy of the proceedings before the Assembly, and was formally thanked for his services.

During the Stamp Act year, Mr. Otis found time to compose two pamphlets setting forth his views on the great questions of the day. There had recently appeared a letter written by a Halifax gentleman and addressed to a Rhode Island friend. The latter personage was unknown; the former was ascertained to be a certain Mr. Howard. The so-called "Letter" was written with much ability and in a bitter spirit.

To this Otis replied with great asperity, and with his power of invective untrammeled. He called his pamphlet "A Vindication of the British Colonies against the Aspersions of the Halifax Gentleman, in his Letter to a Rhode Island Friend." A single passage from the work may serve to show the cogency of the writer's style and especially his anticipation of the doctrines of the Declaration of Independence.

"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.

On one occasion they said (the language being Otis's) in a concluding paragraph: "With regard to the rest of your Excellency's speech, we are sorry we are constrained to observe, that the general air and style of it savor much more of an act of free grace and pardon, than of a parliamentary address to the two Houses of Assembly; and we most sincerely wish your Excellency had been pleased to reserve it, if needful, for a proclamation."

The state papers on affairs--at least that portion of them emanating from the legislative department--were, up to the year 1769, nearly all prepared by Mr. Otis; but it was generally necessary to tone down the first drafts of his work. For this duty the speaker (Thomas Cushing) and Samuel Adams were generally selected. It was reckoned necessary to put the damper on the fire!

The popular tendency at this time was illustrated in a proposition made by Mr. Otis to open the gallery of the House to such of the people as might wish to hear the debates.

Otis continued his correspondence, a great deal of which was official. His style and spirit suited the temper of the representatives, and they kept him occupied as chairman of a committee to answer messages from the Government, and, indeed, messages from anybody who might assail the patriot party.

In the meantime the animosity between him and the Governor of the province waxed hot. The Governor constantly charged the patriot leader with being an incendiary, and the latter replied in a manner to convict Governor Bernard of despotic usages and a spirit hostile to American liberty.

The next measure adopted by Parliament inimical to the colonies was the act of 1767 imposing duties on glass, paper, painters' colors, and tea, and appointing a commission for the special purpose of collecting the revenues. The commissioners so appointed were to reside in the colonies.

This measure, hardly less odious than the Stamp Act, was strangely enough resisted with less vehemence. Several of the popular leaders were disposed to counsel moderation. Among these was Otis himself. But nearly all outside of the official circles were united against the new act. They formed associations and signed agreements not to use any of the articles on which the duty was imposed. This was equivalent to making the act of no effect.

In the legislative assembly of 1768, Mr. Otis was appointed with Samuel Adams to prepare an important paper on the state of public affairs. This they did by drawing up a petition which has been regarded as one of the ablest of its kind.

There is some controversy as to who actually wrote this famous paper, but it appears to have been done mostly by Mr. Otis, though the refining hand of Samuel Adams may be clearly seen in the style. The publication of the paper still further strained the relations between Governor Bernard and the representative branch.

Meanwhile, the news of the assembling of the Colonial Congress in New York had produced a sensation in England, and the petition of the Massachusetts legislature added to the temper of the ministry. In May of 1768, Bernard sent to the assembly a requisition that that body should rescind the resolution which they had passed for sending a circular letter to the other colonies.

To this Mr. Otis, acting for the assembly, prepared a reply which, while it was not less severe, was more respectful and concessive than were most of his communications. At the conclusion he says:

"We have now only to inform your Excellency, that this House have voted not to rescind, as required, the resolution of the last House; and that, upon a decision on the question, there were ninety-two nays and seventeen yeas."

In this manner the controversy dragged on through the years 1768-69, but in the summer of the former year an event occurred which roused the people to a high pitch of excitement. Some of the custom-house officers seized a vessel belonging to John Hancock. For this they were assailed by a mob which burned the boat of the collector of customs. The officers fled to the castle. It was for this business that a body of British soldiers was first sent to Boston.

On the 12th of September, 1768, a great meeting was held in Faneuil Hall, but the crowd was such as to make necessary and adjournment to Sewall's Meeting-house. James Otis was moderator of the meeting. The presence of British soldiers, evidently sent to Boston to enforce the decrees of an arbitrary government, was sufficient to bring into play all the elements of patriotism.