James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
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.
Public-domain text, read in full here on John Shaqi.
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