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