James Otis – The Forgotten Founding Father

When it comes to the American Revolution, such names as Washington, Jefferson, and Franklin are recognized the world over. Mention the name James Otis however, and you are more likely to be met with a confused look or a blank stare. But despite his relative anonymity,  James Otis was the man directly responsible for the birth of American independence, at least that is what John Adams believed.

The historic contributions of James Otis occurred in the context of British success during the Seven Years War, and in the crucible of colonial Boston. Great Britain had decisively gained the upper hand in North America, claiming a tremendous amount of territory from the French. In doing so, however, the British had also expended a massive amount of national resources. When King George II died in 1760, his young son George III was tasked with tackling this financial problem.

Because taxes in England were already quite stifling, George III instead decided to raise revenue by more tightly regulating trade flow in Boston harbor. While anti-smuggling laws had already existed in Boston, customs officials had long adopted a rather lax approach. As a result, colonial merchants had grown accustomed to an arrangement which tacitly permitted bribery and evasion.

A key component of British customs enforcement was a generalized search warrant known as the “Writ of Assistance“, which officially gave agents the authority to search one’s private property at any time, even where no probable cause was established. While the British had long possessed the Writ of Assistance, this powerful warrant had not been put to much use in practice. By law, the writ was set to expire with the death of the king in 1760. But when colonial merchants caught wind that the new king was taking steps to renew the document, many feared that unlike the past, this time the new king intended to use it. Consequently, many colonists feared that their livelihoods were in jeopardy.

In response, a group of concerned Boston merchants made common cause and hired a thirty-six-year-old lawyer by the name of James Otis. Otis had been a well-respected lawyer both in Boston and in England and had in fact been in line for the position of Solicitor General, part of the most powerful judicial body in New England. But it was also the case that Otis harbored a grievance against the local legal system for having passed over his father when filling an opening on the New England Supreme court. As a result, Otis took the case, which pitted him against Thomas Hutchinson, the very man who had filled the vacancy which Otis believed had been so richly deserved by his father.

Representing the merchants, Otis argued with a spectacular enthusiasm and ability over the course of four long hours. His imaginative line of argument challenged the very constitutionality of the writ of assistance search warrant. Otis argued that despite having been approved by Parliament (a constitutional body), the writ itself was not constitutional since it abrogated one of the most fundamental assertions upon which British law was based: the right to private property.

The judge, however, regarded Otis’s reasoning as absurd and ruled against the merchants. Nevertheless, the courtroom performance succeeded in making a profound impact more generally. John Adams, who was in attendance at the courthouse on that very day, described the events this way:

Otis was a flame of Fire! With the promptitude of clasical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glare of his eyes into futurity, and a rapid torrent of impetuous eloquence, he hurried away all before him… Every man of a crowded audience appeared to me to go away, as I did, ready to take up arms against Writs of Assistance.

Later in life, Adams pointed back to this moment as the critical spark which inspired so much of what followed. Adams boldly remarked:

Then and there, the child Independence was born

A precedent was set. For the first time, colonials had challenged the notion that they should be subject to British rule and law. One of the central premises of the Revolution became established and colonists felt empowered to resist the imposition of laws that they did not support.

But Otis’s impact did not end there. By virtue of the Writ of Assistance case, Otis was flung to the front of Boston politics henceforth. He became an early leader of the burgeoning resistance. His pamphlets were to play an instrumental in developing the foundational thinking and vocabulary of the Revolution. In 1762, Otis penned the “Vindication of the Conduct of the House of Representatives“, an influential pamphlet which articulated the rights of colonists as well as the limits to the King’s power.

In 1764, it was Otis who led much of the effort against the Sugar Act as well as release yet another important pamphlet entitled “The Rights of the British Colonies Asserted and Proved” In it, he hammered out the logic by which taxation and representation came to be so permanently linked. He wrote:

The very act of taxing exercised over those who are not represented, appears to me to be depriving them of one of their most essential rights as freeman, and if continued, seems to be in effect an entire disenfranchisement of every civil right

By the mid-1760s, Otis had established himself as a fixture of Boston politics. Whatever the revolutionary movement was to become, it seemed Otis was sure to be a key element. But in fact, that is not the way history transpired. Instead, the story of James Otis takes an unexpected and dramatic turn.

Tragically, mental illness began to invade Otis’s life, as he was increasingly plagued by severe spells of dementia. His temper began to swing violently between despondency and rage. His writings became so convoluted that readers could not determine whether he was for the resistance or against it. By the end of the decade, Otis had come crashing down from his soaring heights, his prominent public role prematurely curtailed, and Otis found himself almost entirely removed from the movement he had done so much to inspire.

The downward trend continued and by the time of the Revolutionary War, Otis was said to have been a mere shadow of his former self. Regarding his state, Adams remarked:

I never saw such an object of admiration, reverence, contempt, and compassion all at once as this. I fear, I tremble, I mourn for the man and his country. Many others mourn for him with tears in their eyes

Another first-hand account from amongst the army in New York described Otis as a lunatic strolling around the grounds of the camp.

The great and fervent mind which first grasped the idea of independence was then in melancholy ruin

When the end finally came for James Otis, the nature of his death seemed to underscore the mythical proportions of his life. Just months before the Revolutionary War concluded in 1783, Otis was struck down by a bolt of lightning while speaking to a family member from a doorway, on an otherwise clear day. By the time of his death, Otis had been largely incapable of grasping what the movement had become. Nevertheless, he remained the man responsible for providing such critical groundwork in the early Revolutionary movement, and the legacy of American independence still bears his indelible mark. For all students of the human story, we would do well to remember James Otis. Perhaps we would also do well to reserve a space for him in the American pantheon, and in the conversation, the next time we hear the name of one of those more famous founding fathers.

Chris Galbicsek

Chris Galbicsek is the founder of ExotericApparel.com, a historical tee shirt site which aims to promote neglected pieces of human history through fashion. He is a graduate of Colgate University and resides in the San Francisco Bay area.

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