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aken with the resisting colonists； and in particular that the Writs of Assistance were good law and correct policy。
We should here note the particular play of the personal forces in the year 1760。 There were two notable deathsthe one notable in Massachusetts and the other in the world。 The first was that of Chief Justice Stephen Sewall of Massachusetts； and the other was that of His Majesty George II； the
〃Snuffy old drone from the German hive；〃
as he is described by the 〃Autocrat of the Breakfast Table。〃 The first was succeeded in office by Thomas Hutchinson； Lieutenant…Governor of the province under Sir Fraucis Bernard； who was appointed governor in this notable year 1760 as the successor of Thomas Pownall； who had succeeded Governor William Shirley。
Hutchinsonto use the adjective which John Adams was wont to apply to himself and other patriots to the manner bornwas a Massachusettensian。 He had sympathized with the people； but he now turned against them。 Before Judge Sewall went away it was said and believed that Governor Shirley had promised the place of Chief Justice； when the same should be vacant； to no other than Colonel James Otis of Barnstable； father of the subject of this sketch。
But Governor Bernard； Shirley's second successor in office； took another view of the matter and appointed Lieutenant…Governor Hutchinson to the high office of Chief Justice。
It was the belief and allegation of the King's party that this appointment and this disappointmentthe first of Hutchinson and the second of Colonel Otisbore heavily on all the Otises； and indeed converted them from royalism to patriotism。
Chief Justice Hutchinson himself is on record to this effect。 In his 〃History of Massachusetts；〃 speaking of his own appointment to the judicial office； he says：
〃The expected opposition ensued。 Both gentlemen （that is； Colonel Otis and James Otis； Jr。） had been friends to the government。 From this time they were at the head of every measure in opposition； not merely in those points which concerned the Governor in his administration； but in such as concerned the authority of Parliament； the opposition to which first began in this colony； and was moved and conducted by one of them； both in the Assembly and the town of Boston。 From so small a spark； a great fire seems to have been kindled。〃
The statement of a partisan； especially if he be a beneficiary； must be taken with the usual allowance of salt。
It may be that the patriotic trend of the Otises was intensified a little by a personal pique in the matter referred to。 But that either father or son was transferred from the king's party to the people's party by the failure of Colonel Otis to be appointed Chief Justice is not to be believed。 Other stories are to be dismissed in the same manner。
One slander prevalent about the Custom House ran to the effect that James Otis had declared that he would set the province on fire even if he had to perish in the flames。 The art of political lying was known even among our fathers。
Such was the situation of affairs when the sycophants of the foreign government in Boston undertook to enforce the Writs of Assistance。 They soon found that they needed more assistance to do it。 The banded merchants； and the patriots generally； said that the acts were illegal； and that they would not submit to the officers。 The governor and his subordinates and the custom…house retinue in particular； said that the writs were legal； and that they should be enforced。 The matter came to a clash and a trial。
The case as made up presented this question： Shall the persons employed in enforcing the Acts of Trade have the power to invoke generally the assistance of all the executive officers of the colony？
This issue was； in February of 1761； taken into court in the old Town House； afterwards the old State House； of Boston。 There were sitting the five Judges of the Superior Court of the province。 Chief Justice Hutchinson； still holding the office of Lieutenant…Governor； his membership in the Council； and his position of Judge of Probate； presided at the trial。 Perhaps there was never in America an instance in which a high official so nearly fulfilled the part of 〃Pooh Bah。〃
The trial evoked an attendance of all who could be admitted； and of many more。 The officers of the crown were out in full force； and resolute patriotism completed the crowd。 John Adams was one of the spectators。
Another element in the dramatic situation was the fact that James Otis had； in the meantime； received the appointment to the crown office of Advocate General； to which an ample salary was attached。 In this relation it would be his especial duty to support the petition of the custom…house officers in upholding the Writs of Assistance and in constraining the executive officers of the province to support them in doing so。
This contingency brought out the mettle of the man。 When the revenue officers came to him with the request that he defend their case； he at once resigned his office； and this being known the merchants immediately sought his services as counsel to uphold their protest against the Writs。 For his assistant they selected Mr。 Oxenbridge Thatcher。
Otis accepted the invitation without a fee。 His action involved the loss of his official position as well as his means of living。
It chanced at this time that his old law preceptor； Jeremiah Gridley； was selected as King's Attorney； and it fell to his lot to take the place which Otis would not accept。 Thus master and pupil were brought face to face at the bar in the hottest legal encounter which preceded our rupture with the mother country。
The trial that ensued has been described by John Adams； an eye witness of the whole proceedings。 He gives in his works a description of the conduct of the case as it was presented for and against the crown； and also notes of Otis's argument。
After the pleas were presented and other preliminary matters arranged； Mr。 Gridley addressed the court in support of the government's position。 He defended the petition of the custom…house officials as both legal and just。 Two statutes of the time of Charles II； empowering the court of Exchequer to issue writs such as those which were now denied； were adduced。 He then cited the statute of the sixth year of Queen Anne； which continued to inforce the processes which had been authorized in the twelfth and fourteenth years of the reign of Charles。
Still more to the point were the statutes of the seventh and eighth years of William III； which authorized the collection of revenue 〃in the British plantations〃 by officers who might search both public and private houses to find goods that had evaded the duty。 These statutes Mr。 Gridley claimed as a warrant for the like usage in America。
In answer to Gridley； Oxenbridge Thatcher；＇1＇ himself a lawyer of no mean abilities； spoke for the counter petitioners。 His plea was a strong confutation of Gridley's arguments。 After this brief address Mr。 Otis rose to continue the plea for the people。
Of the speech which followed we have no complete record or wholly satisfactory summary。 It is to John Adams； and to the notes which he made on the occasion； that we must look for our opinion of what was； if we mistake not； the greatest and most effective oration delivered in the American colonies before the Revolution。
Such was the accepted belief of those who heard Otis； and witnessed the effect of his tremendous oratory。
Making all allowance for exaggeration； it seems to have been one of those inspired appeals by which History and Providence at critical epochs make themselves known to mankind。 John Adams； then twenty…five years of age； passing from his notes of Thatcher's speech； says of the greater actor：
〃But Otis was a flame of fire； with a promptitude of classical allusions； a depth of research； a rapid summary of historical events and dates； a profusion of legal authorities； a prophetic glance of his eyes into futurity； and a rapid torrent of impetuous eloquence； he hurried away all before him。 American Independence was then and there born。 The seeds of patriots and heroes； to defend the Non sine diis animosus infans； to defend the vigorous youth； were then and there sown。 Every man of an immense crowded audience appeared to me to go away； as I did； ready to take arms against Writs of Assistance。 Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain。 Then and there the child Independence was born。 In fifteen years； that is in 1776； he grew up to manhood； and declared himself free。〃
We may allow a little for the enthusiasm of a young patriot such as Adams； but there can be no doubt that his unmeasured eulogy was well deserved。 Such was the description of Otis's speech。
As to the speech itself we have only a second…hand and inadequate report。 Minot； in his 〃History of Massachusetts；〃 presents what purports to be a tolerably full outline of the great address。
Mr。 Otis spoke for five hours； during which time with his rather rapid utterance he would perhaps deliver an oration of 30；000 words。 Minot's report appears to have been derived from Adams' notes done into full form by a