LITMIR.BIZ

April 4, 1763

      Messieurs PRINTERS,

       Please to insert the following, and you’l oblige Your’s,

      JAMES OTIS.

      AS it has been very industriously reported in the House of Representatives, as well as abroad, that upon the Lieutenant Governor’s being appointed Chief Justice, I threatned to set the Province in a Flame; I think myself obliged in my own Vindication thus publickly to declare, that I have not the least Remembrance of my having ever used such Expressions in my Life; nor do I believe I ever did. The Persons who have framed this Story, and who still continue to propagate it, are both known to be invincibly prejudiced against me, and therefore every candid Man will believe it with Discretion. They have been incessantly misrepresenting my Conduct for these two Years past, and have in all Companies discovered such unparallel’d Virulence, that I am persuaded they would not obtain full Credit should they swear to the Truth

      [print edition page 65]

      of it. Unreasonable Clamour, and all Kinds of Sedition, I detest and abhor as much as any Man. The true Principles of Loyalty & Obedience, which are quite consistent with the warmest Love of Liberty and ones Country, I would strongly inculcate: And I hope in God I shall never be wanting in my Endeavours to awaken as far as I can in my Countrymen the true Spirit of Patriotism, and to stir up a manly Opposition against the Attempts of any Governor or Lieutenant Governor whatever, to infringe the Rights of the People, tho’ I should be charged by their Sycophants and Tools, with an Intent to set a whole Country in a Flame. As I had long ago forgiven and almost forgot any Thing in his Honor that was unfriendly to my Father, I should not have troubled the Public with this Address, had not the whole of my Conduct as a Representative of this Metropolis been repeatedly resolved into Enmity to his Honor, conceived in Consequence of his Appointment to be Chief Justice. I think it proper therefore to give a short Account of some Transactions which took Place about that Time. I am well acquainted with all the Secrets of that and many other political Appointments, and of some Juggles, which I shall unravel more at large as Occasion shall call for it. At present the following is sufficient. Upon the Death of the late Chief Justice SEWALL, Col. Otis wrote to the Lieutenant Governor, and Mr. Secretary OLIVER, his warmly profess’d Friends, and to none else. The Purport of his Letters was to let them know his Inclination, to be appointed, not Chief Justice as has been reported, but youngest Judge of the Superiour Court. These Letters I bro’t to Town over Night, but before I had Opportunity to deliver them, I heard that it was a settled Point that his Honor was to be Chief Justice. I waited upon him however early next Morning, and communicated the Substance of the Letter to him, withal telling him that if he was determined to accept of the Office of Chief Justice, it would be needless to leave the Letter, and in vain to expect his Honor’s Assistance. Upon which he assured me he had no Thoughts nor Desire of the Office, told me that some of his Friends had indeed mentioned such a Thing to him, but he had already Engagements enough upon his Hands, expresly declared he tho’t Col. Otis had the best Pretensions to be Judge of that Court, promised his Interest, and took the Letter, which he has never condescended to answer from that Day to this. The Secretary gave me much the same Encouragement, and advised me to apply to Charles Paxton, Esq. I confess I was a little surprized at this, wondering what Influence that Gentleman could have in an Affair of that Importance; However, I obey’d. Mr. Paxton paid my Father a great many Compliments, and promised his Interest, assuring me he had not the least Reason to think his Honor had made any Interest to be Chief Justice, and finally advised me to wait on his Excellency, telling me the

      [print edition page 66]

      Governor was determined not to fill the Vacancy in Favour of his Honor or any other Gentleman, without a personal Application. I accordingly took the first Opportunity to pay my Respects to his Excellency, and found his Honor and Mr. Paxton coming from him together, and by all I can since learn, a Promise of the much sollicited Favour was obtained at that very Interview. His Excellency has more than once intimated, that the Lieutenant Governor’s Connections were too formidable to be disobliged, and yet, strange to tell, he is every Day taking Measures to strengthen them, and depress as far as in him lies, the best Friends he has met with since his Arrival among us.

      From this Narrative of Facts, it appears, the Lieutenant Governor and Col. Otis sollicited the same Favour in Kind, tho’ not in Degree. In such a case no one could have doubted which should have succeeded. But ought not his Honor to have acted a more open Part than to have taken the Letter without ever answering it? Should he have accepted, or even sollicited a Place for himself, when he had promised to give his Interest in Favour of another? Should he have promised that Interest to his Friend, and kept him in Dependance upon it, after he had determined to use it for himself? If his Honor forgot his Promise, nay suppose he is certain he never made any, as certain as I am that he did; surely he can’t have forgot that he took the Letter, which alone, but especially with his Declaration of his having no Tho’ts of the Place, &c. would seem to imply a Promise. I grant his Honour had a Right to change his Mind upon what he tho’t good Reasons; and if it appeared to him either from the Flattery of his Friends, or his Opinion of his own Importance, that the Superior Court could not be tolerably filled by any Gentleman from the Bar, or elsewhere, without he would condescend to take upon him the Office of Chief Justice, in Addition to the Rest of his lucrative Places, he is highly to be praised for his disinterested Benevolence to an otherwise sinking Province. But then it would have been but consentaneous to that superlatively great, disinterested and candid Behaviour, for which his Honor is so eminently distinguish’d, if he had sooner intimated this Change of Sentiments to his old Friend, that he might either chearfully have given up his own personal Advantage for the good of the commonwealth, or have sought to other Friends to support his Pretensions. I don’t at present recollect Col. Otis ever applied to one Gentleman for his Interest but the Lieutenant Governor and Secretary, and that by the Letters above mentioned. The Application to Mr. Paxton must be considered as a Consequence only of the Application to the Secretary. I have ever taken a sincere Pleasure in saying the best Things I possibly could of his Honor, and am now ready to subscribe that this Father of his Country stands fully excused by the Example of the Father of Poets.

      [print edition page 67]

      Aliquando bonus dormitat Homerus.¹⁶

      Homer

Скачать книгу