james otis the pre-revolutionist-第16章
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t； Otis acted aright； and feared not the consequences； and thus became a power in the community because of his personal character。
The great popularity that he immediately acquired he used for no sinister or selfish ends。 He stooped to none of the arts of the demagogue； he was never carried away by a blind spirit of faction。 He opposed the arbitrary design of the English ministry with great spirit and firmness； though with some indiscretion； but he was no advocate of turbulent dissensions or causeless revolt。 He allowed himself to be ruled by the greater moderation and prudence of his associates； while he inspired them with his own resistless energy and determination。
No imputation can justly be thrown on the sincerity of his patriotism； although the attempt was made by some of his contemporaries。
When in 1764； Otis； as chairman of a committee of the Assembly appointed to consider the status of the Sugar Act； favored the commission of Hutchinson as a special agent of the Colony to go to England and present the claims of the colonists； he was accused of inconsistency in opinion and action； and of dereliction of duty as the acknowledged leader of the patriotic party。 Combined with the extraordinary appointment of Hutchinson； which however never took effect owing to the opposition of Governor Bernard； Otis was also charged with a too absolute recognition of the supremacy of Parliament in his pamphlet on the Rights of the Colonies。 As his father had recently received a judicial appointment； of no great importance； however； some persons went so far as to suspect Otis's fidelity to the cause； among whom was John Adams； as we see from his diary quoted elsewhere in this paper。 People talked of a compromise in which he was supposed to be engaged for gradually withdrawing all resistance to the proceedings of the ministry。
Such charges； however； were but the indications of the unsteadiness and injustice of fickle popular favor。 The sacrifices which Otis made for the cause； as told of by himself in the narrative given in this paper； were far too heavy for his patriotism to be doubted for an instant； and any remaining doubt must certainly be removed by a glance at the official correspondence of Governor Bernard in which he is from first to last regarded as the chief opponent of the prerogative and is subjected to much calumny on that account。
The selection of Lieutenant…Governor Hutchinson as the special agent of the Colony； though appearing at first sight somewhat strange； is easily explained and appears as the best possible choice。 He was a native of the province； and as such thoroughly acquainted with its interests and desirous of promoting them。 A few years before he had given sound advice to both Houses in relation to the very matter of the Sugar Act； counselling them not to apply for a reduction of the duty； lest they should appear as indirectly consenting to pay it under any circumstances； advice which had prevailed against the preconceived opinion of a majority of both branches of the legislature。 Moreover； Hutchinson's attachment to the interests of the crown； and his intimate relations with the ministry； would enable him to prosecute the suit of the province to great advantage； whereas a known leader of the popular party in Massachusetts would not be received with much favor at the Board of Trade； whatever his errand。
As to Otis's rather unstinted recognition of the prerogatives of the crown and the right of Parliament to tax the Colonies； we remark that he had undoubtedly the same ends in view as the other popular leaders； but he differed from them in the choice of the means； the selection of arguments； and the proper mode of conducting the controversy。 All certainly desired to be exempt from taxation and to secure freedom of trade； the question was how best attain these ends and reconcile their pretensions with the acknowledged principles of English law？ Otis opposed both the Sugar Act and the Stamp 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 his disposition。
To be sure； Otis's admitted superiority over his legal associates and the natural impetuosity of his nature sometimes made him excessively dogmatic； and his manner though c
