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the crown and for some reason； not very apparent； Mr。 Otis favored his appointment。 Governor Bernard； however； opposed the measure； and Hutchinson declined the appointment。 Otis's course was censured by the patriots and his popularity was for the while impaired。 However； he took strong grounds against the Sugar Act； and soon afterward still more strenuously opposed the Stamp Act。
He regained the impaired confidence of the people and at the close of the session of the Assembly he was appointed chairman of a committee to correspond with the other Colonies； and thus to promote the common interest of all。 This； after the intercolonial conference which Franklin had promoted； was perhaps the first step towards the creation of the Continental Congress。 Mr。 Otis's letter to the provincial agent went to England； though it was sent in the name of the Lower House only。 In this document the writer said：
〃Granting 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。〃
This document was one of the few American papers which was read and criticized in the British Parliament。 The merits of Mr。 Otis's pamphlet were actually debated in the House of Lords by Lord Littleton and Lord Mansfield。 The latter in the course of his remarks said：
〃Otis is a man of consequence among the people there。 They have chosen him for one of their deputies at the Congress； and general meeting from the respective governments。 It is said the man is mad。 What then？ One madman often makes many。 Massaniello was mad； nobody doubts； yet for all that； he overturned the government of Naples。 Madness is catching in all popular assemblies； and upon all popular matters。 The book is full of wildness。 I never read it till a few days ago； for I seldom look into such things。〃
It was in the course of this pamphlet that the Mr。 Otis spoke so strongly on taxation and representation。 〃The very act of taxing；〃 said he； 〃exercised over those who are not represented； appears to me to be depriving them of one of their most essential rights； and； if continued seems to be； in effect； an entire disfranchisement of every civil right。 For what one civil right is worth a rush； after a man's property is subject to be taken from him at pleasure； without his consent？〃＇2＇
In this was the germ of the stern resistance offered by the Americans to the Stamp Act。 No man in the colonies did so much to confute the principles on which the Stamp Act rested as did James Otis。
When the General Assembly of Massachusetts met in May of 1765； Governor Bernard urged in his address the duty of submission to Parliament as to the 〃conservators of liberty。〃 It was this recommendation which being referred to a Committee； of which Otis was a member； led to the adoption of a resolution for the holding of a Colonial Congress in New York。
Nine colonies accepted the invitation of Massachusetts； and James Otis headed the delegation of three members chosen to represent the mother colony in that prophetic body。
The story of the contest of the Americans with the home government on the subject of the Stamp Act is well known。 The controversy resulted on the 18th of March； 1766； in the repeal of the Act by Parliament。 But the repeal was accompanied with a salvo to British obduracy in the form of a declaration that Parliament had 〃the right to bind the colonies in all cases whatsoever。〃
Notwithstanding this hateful addendum； the repeal of the Act was received in America with the greatest joy。 During the excitement antecedent to the repeal； mobs had surged through the streets of Boston； building bonfires and burning effigies of officers and other adherents of the king's party。 In one of these ebullitions； the house of Lieutenant…Governor Hutchinson was attacked and pillaged。 The better people had nothing to do with it。 Many were arrested and imprisoned。
Governor Bernard was so much alarmed that he declared himself to be a governor only in name。 The partisans of the crown started a story that James Otis was the instigator of the riots。 There is a hint to this effect in Hutchinson's 〃History of Massachusetts Bay。〃 But it is evident that the charge was unfoundedexcept in this； that in times of public excitement the utterances of orators are frequently wrested from their purpose by the ignorant and made to do service in the cause of anarchy。
Meanwhile on the first of November； Mr。 Otis returned from the Congress in New York； laid a copy of the proceedings before the Assembly； and was formally thanked for his services。
During the Stamp Act year； Mr。 Otis found time to compose two pamphlets setting forth his views on the great questions of the day。 There had recently appeared a letter written by a Halifax gentleman and addressed to a Rhode Island friend。 The latter personage was unknown； the former was ascertained to be a certain Mr。 Howard。 The so…called 〃Letter〃 was written with much ability and in a bitter spirit。
To this Otis replied with great asperity； and with his power of invective untrammeled。 He called his pamphlet 〃A Vindication of the British Colonies against the Aspersions of the Halifax Gentleman； in his Letter to a Rhode Island Friend。〃 A single passage from the work may serve to show the cogency of the writer's style and especially his anticipation of the doctrines of the Declaration of Independence。
〃Is the gentleman；〃 said he； 〃a British…born subject and a lawyer； and ignorant that charters from the crown have usually been given for enlarging the liberties and privileges of the grantees； not for limiting them； much less for curtailing those essential rights； which all his Majesty's subjects are entitled to； by the laws of God and nature； as well as by the common law and by the constitution of their country？
〃The gentleman's positions and principles； if true； would afford a curious train of consequences。 Life； liberty； and property are； by the law of nature； as well as by the common law； secured to the happy inhabitants of South Britain； and constitute their primary； civil； or political； rights。〃
The other pamphlet bearing date of September 4； 1765； was entitled 〃Considerations on Behalf of the Colonists； in a Letter to a Noble Lord。〃 In this the writer discusses the question of Taxation and in particular the specious claim of the British Ministry that the home government might justly tax the colonists to defray the expenses of the French and Indian War。
In answer to this Otis says； in a manner worthy of an American patriot in the year 1898； 〃The national debt is confessed on all hands to be a terrible evil； and may in time ruin the state。 But it should be remembered； that the colonies never occasioned its increase； nor ever reaped any of the sweet fruits of involving the finest kingdom in the world in the sad calamity of an enormous； overgrown mortgage to state and stock…jobbers。〃
The period here under consideration was that in which the Stamp Act was nominally in force。 The law required all legal business to be done on stamped paper。 Therefore no legal business was done。
Hutchinson in his History says： 〃No wills were proved； no administrations granted； no deeds nor bonds executed。〃 Of course matters could not go on in this manner forever。 Governor Bernard was induced to call the legislature together。 When that body convened an answer to the Governor's previous message was adopted by the House； and the answer was the work of James Otis。 An extract will show the temper of the people at that juncture：
〃The courts of justice must be open； open immediately； and the law； the great rule of right； in every county in the province； executed。 The stopping the courts of justice is a grievance which this House must inquire into。 Justice must be fully administered through the province； by which the shocking effects which your Excellency apprehended from the people's non…compliance with the Stamp Act will be prevented。〃
Meanwhile the public agitation continued； the newspapers teemed with controversy。 The administration was firm； but patriotism was rampant。 The party of the people adopted the policy of embarrassing the government as much as possible。 Then came the news of the repeal of the act； and the jubilation of the people to which we have already referred came after。
When the legislature met in May of 1767； James Otis was chosen speaker； but his election was vetoed by the Governor。 The House was obliged to submit； which it did in sullen temper； and then chose Thomas Cushing for its presiding officer。 The other elections indicated the patriotic purpose of the House。
There was almost a deadlock between the legislative and executive departments。 Governor Bernard addressed the representatives in a supercilious and dogmatic manner； which they for their part resented with scant courtesy。
On one occasion they said （the language being Otis's