Collected Political Writings of James Otis. Otis James

namely, to make the people of England look upon us in a very bad light, forward attempts to alter our constitution, and have a tendency to procure a standing army, to dragoon us into passive obedience. How much better effects are to be expected from a proclamation his Excellency was ill advised to issue last fall? It seems some of our Fathers took a strong aversion to bonfires, squibs and crackers, in consequence of which the populace were restrain’d from those marks of loyalty on the anniversary of the King’s accession, I think it was. Some of the little Boys and negroes vented their rage at this disappointment upon the lower windows in the Town-House. This affair was dress’d up in the proclamation in such a manner, that I fear a stranger would mistake us all for a parcel of Jacobites, it being impossible to find by the proclamation that loyalty misguided was the occasion of this loss of glass to the public, which however I have good reason to suspect was the case, as most of the persons I saw from the Council Chamber, were children who could not be supposed to know the difference between a Jacobite & a Jebusite. Twenty Pounds were offered for discovering the offenders; yet the windows were left unmended for some weeks, as was said, for fear of a remonstrance from the House against the expence: A genteel rebuke to the House, for daring

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      to remonstrate about a month before, against the Governor and Council’s arming vessels without their consent.

      His Honor tells us the emoluments of his lucrative posts “are easily cast up”; but as the particulars are not in the power of every man to find out, I wish an account current had been stated. His Honor condescends to express his readiness to resign his office of Chief Justice, whenever the people shall desire it. His Honor is quite safe: his Excellency long ago informed him the majority were of his side; and if they were not, they can have no vote in the matter. I never heard any man contend that he should be deprived of his office of Chief Justice, or of his place of Lt. Governor, which I think are enough for any gentleman to hold. The office of judge of probate is incompatible with that of chief justice; and the commission for the latter, is in law a supersedeas¹⁷ of the former. So is the commission to be judge of the Superior Court, to that for the admiralty. And all acts & decrees made below after such superior commission, are illegal and void. There is no point of law clearer than this. If the salaries and perquisites of the chief justice will not maintain him with dignity, I am for his having more pay, not more offices and power. I have always contended for this in the House, and ever shall while I have the honour of a seat there. I have long tho’t it and am far from being singular in my opinion, a great grievance, that the chief justice should have a seat in the council; and consequently so great a share of influence in making those very laws he is appointed to execute upon the lives and property of the people. But this opinion affects all the judges of the superior court, and can’t therefore be founded on any particular prejudice to his Honor.

      His Honor towards the close hath furnished us with a new kind of political catechism. It manifestly appears from some of the questions, that his Honor would not only have me subjected to the infamous character and punishment of a common Barrator, but to something far worse. What his Honor’s ultimate wishes were when he wrote those genteel queries, I shall leave; first observing that I can’t trace the least appearance of a wish for my amendment, or good estate hereafter. I shall take my leave of the performance, by wishing his Honor, health and prosperity in this life; that he may be made a great blessing to the province in his office of chief justice; that he may receive the rewards of virtue here, and be finally crowned with a happy immortality.

      James Otis.

      Boston, April 7, 1763.