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leader of the period to develop distinctive
American theories of constitutionalism and representation, but he relied on traditional views of Parliamentary authority. He refused to follow the logical direction of his natural law theory by drawing back from radicalism, according to Ferguson, who feels that Otis appears inconsistent. Samuelson, on the other hand, argues that Otis should be seen as a practical political thinker rather than a theorist, which explains why his positions changed as he adjusted to altered political realities.
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568:(1762). The first political publication by Otis. Here he uses an example of an expenditure not sanctioned by the colonial legislature as the foundation of his theory that taxes can be charged only by a representative government. In effect, he summarizes the argument that held a central place in Revolutionary rhetoric.
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Otis suffered from increasingly erratic behavior as the 1760s progressed. He received a gash on the head from tax collector John
Robinson's cudgel at the British Coffee House in 1769. Some attribute Otis's mental illness to this event alone, but John Adams, Thomas Hutchinson, and many others mention
527:
Thomas
Hutchinson wrote to Governor Bernard in December 1771 that "Otis was carried off today in a postchaise, bound hand and foot. He has been as good as his word—set the Province in a flame and perished in the attempt." Otis spent the remainder of his life battling mental illness while living with
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recollected years later: "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." Adams promoted Otis as a major player in the coming of the
Revolution, writing nearly 50 years later:
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In 1755, Otis married Ruth
Cunningham, a merchant's daughter and heiress to a fortune worth £10,000. Their politics were quite different, yet they were attached to each other. Otis later "half-complained that she was a 'High Tory,'" yet in the same breath declared that "she was a good Wife, and too
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In 1764, Otis expanded his argument in a pamphlet stating that
Americans lacked proper Parliamentary representation, making it unconstitutional for Parliament to tax Americans. According to Matthew K. Reising, Otis developed his argument regarding Parliamentary authority by examining the effects of
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Near the end of his life, Otis burned the majority of his papers without explanation. Historians and biographers have access to his published papers, but this act prevented deeper insights into his life and thoughts that are available for other historical figures. On May 23, 1783, Otis died as a
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The text of his 1761 speech was much enhanced by Adams on several occasions; it was first printed in 1773 and in longer forms in 1819 and 1823. According to James R. Ferguson, the four tracts that Otis wrote during 1764–65 reveal contradictions and even intellectual confusion. Otis was the first
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The blow to the head probably made it worse and, shortly after, he could no longer continue his work. By the end of the decade, Otis's public life largely came to an end, though he was able to do occasional legal practice during times of clarity. The decline in Otis's mental health was noted by
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imposed by Great
Britain on the American colonies in the early 1760s which allowed law enforcement officials to search private property without cause. He later expanded his criticism of British authority to include tax measures that were being enacted by Parliament. As a result, Otis is often
576:(1764). This pamphlet sets down another important philosophy underpinning the Revolutionary debate: it asserts that rights are not derived from human institutions, but from nature and God. Thus, government does not exist to please monarchs but to promote the good of the entire society.
599:, his last, in which he grants Parliament complete authority over the colonies. Scholars have settled on two explanations for his drastic reversal: either he temporarily became mentally ill, or he intended to use these pieces to defend himself against charges of treason.
315:"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. ... The seeds of Patriots & Heroes ... were then & there sown."
281:
Otis graduated from
Harvard in 1743 and rose to the top of the Boston legal profession. In 1760, he received a prestigious appointment as Advocate General of the Admiralty Court. He promptly resigned, however, when Governor
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due to his efforts leading up to the
Revolutionary War. However, Otis was plagued by mental illness and alcoholism, and his erratic behavior had rendered him inconsequential and embarrassing to the cause by the early 1770s.
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of 1688. Yet, on other occasions, Otis exceeded Adams in rousing passions and exhorting people to action. He even called his compatriots to arms at a town meeting on
September 12, 1768, according to some accounts. He was a
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friends and family in the Massachusetts countryside. Massachusetts Governor John Hancock held a dinner in his honor in 1783, but the event was too much for Otis's fragile mental state and he returned to the countryside.
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was a prominent lawyer and militia officer. Father and son had a tumultuous relationship. His father sent him a letter articulating his disappointments and encouraging him to seek God's righteousness to better himself.
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like her mother; she married Captain Brown of the British Army and lived in England for the rest of her life. Their younger daughter Mary married Benjamin Lincoln, son of the distinguished Continental Army General
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301:" before the Superior Court, the predecessor of the Massachusetts Supreme Judicial Court. These writs enabled the authorities to enter any home with no advance notice, no probable cause, and no reason given.
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Otis asserted that Blacks had inalienable rights, and he favored extending the freedoms of life, liberty, and property to them. The idea of racial equality also permeates his
922:"Novanglus, and Massachusettensis: Or, Political Essays, Published in the Years 1774 and 1775, on the Principal Points of Controversy, Between Great Britain and Her Colonies"
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good for him", in the words of John Adams. The marriage produced children James, Elizabeth, and Mary. Their son James died at age 18. Their elder daughter Elizabeth was a
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338:. Otis, at times, counseled against the mob violence of the radicals and argued against Adams's proposal for a convention of all the colonies resembling that of the
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case, Otis said that "An Act against the constitution is void … and if an act of Parliament should be made … the executive courts must pass such acts into disuse."
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Otis considered himself a loyal subject to the Crown, yet he argued against the writs of assistance in a nearly five-hour oration before a select audience in the
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failed to appoint his father to the promised position of Chief Justice of the province's highest court; the position instead went to Otis's longtime opponent
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Otis was originally in the rural Popular Party, but he effectively made alliances with Boston merchants and grew in popularity after the controversy of the
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friends and foes alike. In February 1771, John Adams wrote that Otis was "raving mad, raving against father, wife, brother, sister, friend."
202:(February 5, 1725 – May 23, 1783) was an American lawyer, political activist, colonial legislator, and early supporter of patriotic causes in
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The Life of James Otis, of Massachusetts: Containing Also, Notices of Some Contemporary Characters and Events, from the Year 1760 to 1775
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560:(1760). Otis published the first of two treatises on prosody, and his alma mater Harvard eventually adapted it as a textbook.
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Otis did not identify himself as a revolutionary; his peers, too, generally viewed him as more cautious than the incendiary
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Oration against British writs of assistance February 5, 1761, which catapulted him into the first rank of Patriot leaders
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365:. He subsequently wrote several important patriotic pamphlets, served in the assembly, and was a leader of the
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Farrell, James M. "The Writs of Assistance and Public Memory: John Adams and the Legacy of James Otis,"
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Breen, T. H. "Subjecthood and Citizenship: The Context of James Otis's Radical Critique of John Locke,"
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result of being struck by lightning while watching a thunderstorm from the doorway of a friend's home.
38:
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Samuelson, Richard A. "The Constitutional Sanity of James Otis: Resistance Leader and Loyal Subject,"
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in February 1761. His argument failed to win his case, but it galvanized the revolutionary movement.
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The Gendering of American Politics: Founding Mothers, Founding Fathers, and Political Patriarchy
588:. He furthers the notion of natural rights by linking it to the theory of equal representation.
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The colonists are by the law of nature freeborn, as indeed all men are, white or black.
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698:. North Deighton, Massachusetts: World Publications Group, Inc. pp. 22–25.
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in America rather than the historical situation of 17th century Britain. In the
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credited with coining the slogan "taxation without representation is tyranny".
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A Distinct Judicial Power – The Origins of an Independent Judiciary, 1606–1787
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Ferguson, James R. "Reason in Madness: The Political Thought of James Otis,"
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Clancy, Thomas K., "The Importance of James Otis," 82 Miss. L.J. 487 (2013).
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The Loyalists of Massachusetts And the Other Side of the American Revolution
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1117:"Why the Colonies' Most Galvanizing Patriot Never Became a Founding Father"
721:"Why the Colonies' Most Galvanizing Patriot Never Became a Founding Father"
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Tom Paine, Patrick Henry, James Otis, and John Paul Jones were all Masons.
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Reising, Matthew K. "James Otis and the Glorious Revolution in America,"
243:, the second of 13 children and the first to survive infancy. His sister
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Speakers of the Massachusetts House of Representatives (colonial period)
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The Words That Made Us: America's Constitutional Conversation, 1760–1840
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957:"Founders Online: From John Adams to William Tudor, Sr., 29 March 1817"
654:"The radicalism of the American Revolution – and its lessons for today"
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Congressional Record. Proceedings and Debates of the ... Congress
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Members of the colonial Massachusetts House of Representatives
959:. National Archives and Records Administration. Archived from
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The Otis Family in Provincial and Revolutionary Massachusetts
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vol. 11 (1960), pp. 247–287, a short scholarly biography
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Hutchinson wrote, Otis was carried away, bound hand and foot.
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pp. 328–329, Charles C. Little and James Brown, Boston, 1847.
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A Vindication of the Conduct of the House of Representatives
16:
18th-century colonial American lawyer and political activist
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Frese, Joseph R. "James Otis and the Writs of Assistance,"
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were leaders during the American Revolution, as was nephew
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James Otis, The Collected Political Writings of James Otis
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584:(1765). This pamphlet expands the author's argument from
1143:"The Life, Times, and Political Writings of James Otis"
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pp. 46–47, Little, Brown & Company, Boston, (1943).
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lawyer, political activist, pamphleteer, and legislator
1379:. Edited and with an Introduction by Richard Samuelson
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Brennan, Ellen E. "James Otis: Recreant and Patriot,"
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The Rights of the British Colonies Asserted and Proved
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The Rights of the British Colonies Asserted and Proved
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1037:"James Otis and the Glorious Revolution in America"
775:. Boston, Massachusetts: Beacon Press. p. 38.
743:"Founder of the Month – James Otis by Monty Rainey"
192:Bronze sculpture of James Otis Jr. in front of the
1440:People of Massachusetts in the American Revolution
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795:Charles H. Turtle, "Christopher Kilby of Boston",
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1092:. U.S. Government Printing Office. p. 4791.
920:Adams, John; Tudor, William (December 22, 1819).
597:Brief Remarks on the Defence of the Halifax Libel
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695:The Founding Fathers: The Men Behind the Nation
1377:The Collected Political Writings of James Otis
808:John Adams Diary, I, 349 (January 16, 1770).
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628:. New York: Simon & Schuster. pp.
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443:. Unsourced material may be challenged and
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31:
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773:A Disability History of the United States
591:In 1765 Otis also authored the pamphlets
581:Considerations on Behalf of the Colonists
507:Learn how and when to remove this message
1086:United States Congress (June 14, 1956).
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1311:(Summer, 1999), 61#3 pp. 493–523
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520:his mental illness well before 1769.
357:Early American publishers and printers
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1435:People from Barnstable, Massachusetts
1351:at the Database of Classical Scholars
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210:. Otis was a fervent opponent of the
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797:New England Hist. and Mass. Register
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441:adding citations to reliable sources
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222:, and his oratorical style inspired
1475:Patriots in the American Revolution
1249:(Sep. 1998) 71#3, pp. 378–403
884:Origins of the American Revolution,
866:pp. 21–23, Viking, New York, 2005;
846:p. 158, Hyperion, New York, 2003;
593:Vindication of the British Colonies
13:
1465:18th-century American male writers
1460:People from colonial Massachusetts
1405:Accidental deaths in Massachusetts
1301:American National Biography Online
1298:Pencak, William. "Otis, James" in
1199:
1174:. Boston: W.B. Clarke Co. p.
14:
1491:
1470:18th-century American politicians
1450:Burials at Granary Burying Ground
1357:James Otis, the Pre-Revolutionist
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1241:through the University of Chicago
1381:from Liberty Fund Library (2015)
864:The Unknown American Revolution,
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226:. He is recognized by some as a
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1115:Trickey, Erick (May 5, 2017).
955:Adams, John (March 29, 1817).
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719:Trickey, Erick (May 5, 2017).
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558:The Rudiments of Latin Prosody
397:Rights of the British Colonies
384:Rights of the British Colonies
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241:West Barnstable, Massachusetts
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1445:18th-century American writers
1410:Deaths from lightning strikes
1272:(2006) 79#4 pp. 533–556
692:Bowman, John Stewart (2005).
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1360:by John Clark Ridpath, from
1331:Boston, MA: Wells and Lilly.
247:and his brothers Joseph and
194:Barnstable County Courthouse
7:
1319:Sibley's Harvard Graduates,
1280:William and Mary Quarterly,
1141:Samuelson, Richard (2015).
1051:, by Charles Francis Adams.
386:(1764), in which he states:
369:. He also was friends with
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1239:11:2 (2022): pp. 161-184,
1237:American Political Thought
540:James Otis's grave in the
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1455:American male journalists
1415:Harvard University alumni
1213:. New York: Basic Books.
932:– via Google Books.
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1324:Tudor, William. (1823).
1168:Stark, James H. (1907).
1039:, by Matthew K. Reising.
671:. ABC-CLIO. p. xi.
552:Selected published works
363:Writs of Assistance case
206:at the beginning of the
204:Massachusetts Bay Colony
1367:Works by James Otis Jr.
1282:(1979): 36(2):194–214.
1049:The Works of John Adams
831:The American Loyalists,
1270:New England Quarterly
723:. Smithsonian Magazine
667:Kann, Mark E. (1999).
544:
542:Granary Burying Ground
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255:. His father Colonel
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144:James, Elizabeth Brown
95:Granary Burying Ground
84:Andover, Massachusetts
1420:Massachusetts lawyers
1334:Waters, John J. Jr.,
1317:Shipton, Clifford K.
1292:30 (1957) 30:496–508
1290:New England Quarterly
1257:New England Quarterly
1247:New England Quarterly
898:, pp. 14, 17–18.
844:The Words We Live By,
799:, XXVI (1872), 4,4, n
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405:Mental health decline
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355:Further information:
218:Otis was a mentor to
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1121:Smithsonian Magazine
532:Later life and death
437:improve this section
963:on January 16, 2023
749:on December 2, 2010
340:Glorious Revolution
325:Glorious Revolution
299:writs of assistance
277:Writs of assistance
212:writs of assistance
1309:Review of Politics
1259:(1939) 12:691–725
829:Sabine, Lorenzo.
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367:Stamp Act Congress
253:Harrison Gray Otis
197:
1362:Project Gutenberg
1220:978-0-465-09635-0
1027:, pp. 37–38.
945:, pp. 14–15.
924:. Hews & Goss
882:Miller, John C.
678:978-0-275-96112-1
639:978-0-7432-2313-3
618:McCullough, David
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288:Thomas Hutchinson
239:Otis was born in
208:Revolutionary Era
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1395:1725 births
1153:December 9,
1126:December 1,
1105:Breen, 1998
967:January 16,
753:December 5,
351:Pamphleteer
306:State House
167:Otis family
158:Mary Allyne
1389:Categories
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705:1572154365
624:John Adams
604:References
467:newspapers
312:John Adams
235:Early life
224:John Adams
61:Barnstable
53:1725-02-05
25:James Otis
1303:Feb. 2000
1071:April 18,
1025:Amar 2021
943:Amar 2021
908:Amar 2021
896:Amar 2021
424:does not
345:Freemason
173:Signature
163:Relatives
151:Parent(s)
1313:in JSTOR
1294:in JSTOR
1284:in JSTOR
1274:in JSTOR
1261:in JSTOR
1251:in JSTOR
1209:(2021).
771:(2012).
620:(2001).
393:—
266:Loyalist
141:Children
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118:Spouse
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245:Mercy
129:(
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