Friday, June 22, 2018

The Rights of the British Colonies Asserted and Proved, Part VIII: Conclusions and Implications

At the same time that he was casting doubt upon the significance of the colonial charters, Otis was evidently also given to affirm that the status quo indicated by the passage of the Sugar Act represented a distribution of burdens somewhat at odds with the dictates of justice, equity, and common sense. A representation in Parliament from the several Colonies,” he thereby asserted,

Since they are become so large and numerous, as to be called on not to maintain provincial government, civil and military among themselves, for this they have chearfully done, but to contribute towards the support of a national standing army, by reason of the heavy national debt, when they themselves owe a large one, contracted in the common cause, can’t be tho’t an unreasonable thing, nor if asked, could it be called an immodest request.

As it then indeed stood, the colonies of British America were expected to welcome and assist whatever British forces were stationed in their midst and pay whatever taxes were laid upon them by Parliament while also funding their own local defenses and seeing to the debts they had themselves accrued during the recent war with France. This not only meant that Americans would be forced to pay for two military establishments and support two sets of financial obligations, but it placed them in the position of funding a garrison in America over whose actions they exercised no control whatsoever. The Latin phrase that Otis next cited – Qui sentis commodum sentire debet et onus, meaning, “he who enjoys the benefit must bear the burden” – served to embody his objection to this arrangement. Applied in the reverse – i.e. “he who bears a burden must receive some benefit” – he regarded it as a customary guarantee that political authority would never exact costs without providing something of value in return. “That a man should bear a burden for other people,” he thus explained, “as well as himself, without a return, never long found a place in any law-book or decrees, but those of the most despotic princes.” Lest the British sovereign become just that, it followed that his American subjects ought to have been permitted to take their place in the halls of Westminster.                      
            It perhaps bears repeating that this was not necessarily a practical demand. For all of the reasons cited previously, sending American MPs to sit in Parliament was an exceedingly inefficient proposition by which both the British legislative process and the interests of the Crown’s subjects in America would likely have suffered. Indeed, it was surely for this reason that contemporaries of Otis like John Dickinson and Thomas Jefferson – in their Letters from a Farmer in Pennsylvania (1767-1768) and A Summary View of the Rights of British America (1774), respectively – restricted themselves to merely asserting the illegitimacy of Parliament’s claim to freely tax the people of America and calling for a repeal of the relevant legislation. What they shared with Otis, however – or indeed the manner in which they followed Otis – was in their common characterization of the issue at hand as being principally moral in nature. Dickinson and Jefferson alike were both firm and explicit in their conviction that Parliament’s claim to the right of taxation in America was fundamentally and inherently invalid. There were, of course, no laws on the books which clearly and unambiguously agreed with this conviction, nor much in the way of evidence to support any such restrictions upon the authority of Parliament. Nevertheless, they presented the issue as being a matter of right and wrong, natural and unnatural. The rights possessed by every subject of the British Crown, regardless of their place of birth or residence, demanded equal consideration under the British Constitution. No authority on earth could change that fact, and would deny it at their peril.

To be fair, Otis did endeavor to take things somewhat further, deploying in Asserted and Proved a host of legal citations and pragmatic assertions as to why it was improper, impolitic, and impractical for the present government in Britain to continue along the path that the Sugar Act portended. That being said, his core conviction – the thing that subsequent commentators most often echoed – was moral, spiritual, and essential. It wasn’t that Parliament couldn’t tax the colonies directly, for clearly they could. And it wasn’t that such taxation would drive the colonists to rebellion, though obviously that is what happened. Rather, it was the moral character of the British state that stood to suffer in the event that the Sugar Act was maintained. Speaking to this conviction, Otis declared in Asserted and Proved that,

When the parliament shall think fit to allow the colonists a representation in the house of commons, the equity of their taxing the colonies, will be as clear as their power is at present of doing it without, if they please.

While thus tacitly admitting that Parliament could, if its members were so inclined, tax whomever it wished in America to the extent it so desired, Otis simultaneously affirmed the primacy of a higher consideration. Certainly it was possible for Westminster to extract whatever wealth it set its sight upon from the American people. For that matter, it may even have been preferable to do so, though Otis ably claimed otherwise. But no matter how capable Parliament may have been of achieving this end, and no matter what benefits may have accrued in the meantime, nothing could have made it right.

            Asserted and Proved may thus be said to share the unwavering moral certitude of Thomas Paine’s Common Sense in support of nearly the opposite central thesis. Paine wanted to save America from British rapacity by directing it down the path of independence. Otis almost certainly labored in hope of this same result, but seemed to believe that the best way to achieve it was to save the British Empire as a whole. Endeavoring to convince his audience that seating American MPs in Westminster was a sound proposal was thus far from naïve or delusional. Impractical or not, costly or not, inefficient or not, it was the only means he could conceive by which the British state might preserve its status as the steadfast guardian of the rights and liberties of its citizens. Granted, the people of British America stood to benefit measurably and directly from having permanent advocates stationed in the halls of Parliament. The presence of American MPs, for example, would surely have made legislation like the Sugar Act harder to pass, and likewise lessened the ability of British lawmakers to garrison soldiers among communities whose objections never reached their ears. But such advantages did not strike at the true purpose of such a reform. Again, the intention was fundamentally moral. Even if the elected representatives of the American people failed to stop their colleagues in Westminster from levying taxes upon the commerce of Boston or the agriculture of Virginia, or from stationing military personnel in every city and town across the breadth of the Thirteen Colonies, they, their constituents, and their fellow subjects in every corner of the Empire could at least take comfort in the knowledge that the proper forms had been observed, the ancient precedents followed, and the rights of the people respected and observed.

It is perhaps worth noting that in spite of the ardent loyalty to the British state espoused by James Otis Jr. in the text of Asserted and Proved, he ultimately sided with the Patriot cause upon the outbreak of hostilities between Great Britain and the Continental Congress. His earlier dealings with Massachusetts Governors Francis Bernard and Thomas Hutchinson may well have contributed to this outcome, if not also his close personal and professional relationship with the incendiary Samuel Adams. In any case, he proved himself an impassioned critic of subsequent attempts by Parliament to bring British America to heel. He opposed the Stamp Act, for example, upon its passage in 1765 and penned a follow-up to Asserted and Proved entitled Considerations on Behalf of the Colonists. He was thereafter chosen to attend the resulting Stamp Act Congress, convened in New York City for the purpose of determining a collective response on the part of the participating American colonies. Though reportedly passed up as chairman of that body in consequence of his reputation as a firebrand, he was nonetheless described by colleague John Adams as having been the very soul of the gathering. As fate would have it, this may as well have been the man’s epitaph. Having suffered from intermittent bouts of mental illness since at least the 1740s, Otis became increasingly unstable and experienced shorter and shorter periods of lucidity as the 1760s progressed. His participation in the subsequent revolution – to whose language and logic he had so powerfully contributed – was thus severely limited. As if this were not tragic enough, he lived only until May of 1783, four months before the signing of the treaty that finally and firmly secured the independence of the United States of America. Struck by lightning, of all things, while standing in the doorway of a friend’s home, he was fifty-eight years old at the time of his death.  

Such a maudlin recounting of a subject’s last days admittedly represents a diversion from how these discussions usually come to a close. While the life of James Otis Jr. may fairly be considered too brilliant and too tragic to forego relating in full, the circumstances of his career and his contributions to the Patriot cause might also be said to weigh upon the significance of his work. He did not live very long and he was not very prolific. In consequence, Asserted and Proved may have been one of the most important things Otis ever did with his life. How intriguing it is, then, that it should also prove to be one of the most important documents in the history of the Revolution.

Or perhaps that’s going a bit too far. Otis was certainly a revered figure in his day, but his ultimate contribution to the cause of American liberty was – as noted above – necessarily limited. Just so, while it would not be hard at all to believe that Asserted and Proved exerted a significant influence upon the direction and tenor of the emerging Patriot dialogue surrounding the rights and liberties of Britain’s American subjects, it would be likewise difficult to say for certain how and when this might have been the case. Otis was undoubtedly among the first public commenters writing within the context of the late 18th century Anglo-American crisis to characterize the rights possessed by British Americans – and lately abrogated by Parliament – as being of a natural derivation. This was not an idea that he originated, to be sure – Hobbes and Locke had first discussed the notion up to a century prior – but it was one that had yet to be applied to the increasingly fraught relationship between Great Britain and its American dependencies. It is also worth noting that John and Samuel Adams both reported  being particularly stuck by the power of Otis’ intellect and the strength of his convictions when they heard him speak in the 1760s, and that the events of the Stamp Act Congress doubtless left many more statesmen from far outside the environs of colonial Massachusetts similarly affected. In consequence, while it may once again be overstating matters somewhat to declare that James Otis singlehandedly gave rise to the natural rights discussion within the context of the American Revolution, it nevertheless bears recognition that he was one of the first public voices to so articulate the mounting crisis of the 1760s and that he very often left a distinct and lasting impression of those who encountered his voice.

It may be said with far less ambiguity, however, that Asserted and Proved is one of the most important documents in the historiography of the Revolution. This is to say – for those mercifully unfamiliar with the conventions of 21st century academia – that while it might not have been the most demonstrably influential documents in its day, it says a great deal to those whose have since attempted to understand the nature of the Revolution about how and why that event came to pass.

Consider, for example, the context in which Asserted and Proved was written. Approved by Parliament in 1765, the Stamp Act is arguably the single piece of British legislation that was most responsible for catalyzing the nascent Patriot movement, inflaming the passions of statesmen from New Hampshire to South Carolina, and for the first time prompting independent, collective American political action. But Otis first wrote in response to the earlier Sugar Act. A comparative warning shot to the Crown’s subjects in America intended to alert them that change was afoot in the relationship between Parliament and the colonies, this claimed attempt at trade regulation angered principally those it affected and roused nothing like the degree of public discontent that 1765 would soon witness. That Otis nevertheless responded to the Sugar Act passionately and rigorously is thus a testament to the keenness of his intellect and the depth of his convictions, as well as a clear indication that discontent had been stirring in America for some time before taxes on newspapers, contracts, and playing cards brought vast swathes of the population to their feet. At a time when victory in war had lately served to bolster the affection these same people felt for the empire of which they were a part, this is no minor point of fact. Indeed, when one considers the nature of Otis’ claim in Asserted and Proved­ – that what mattered most under the British Constitution was not power but right – within the context of the high passion for British imperialism aroused by the successful conclusion of the Seven Years War, it certainly bears wondering whether Otis was the only person in American inclined to question the authority of Parliament or simply the only one to do so publically.    

More fascinating yet, given how influential many of the ideas he presented would eventually prove among his Patriot successors, is that Otis made his case against unlimited British authority in America in the context of loyalty to the institutions of the British state. Not only does this cast Asserted and Proved in a similar light to modern political journalism – i.e. criticism as a means of holding those in power to account – but it complicates popular narratives of the Revolution as being a wholesale rejection of all things British. As noted above, Otis seemed to believe that the best way to save the liberties of his fellow Americans and the integrity of their political institutions was to save Great Britain itself from becoming a state that tolerated the violation of the same. Far from washing his hands of Parliament and the British Constitution, he was thus intent on protecting these very institutions – which he unreservedly hallowed – from corruption, thoughtlessness, and the erosion of established political norms. Indeed, it would in some ways seem fairer to place Asserted and Proved next to something like Cato’s Letters than the aforementioned Common Sense. Like Trenchard and Gordon, Otis was prompted by recent events – the 1720 collapse of South Sea Company stock for the former, the 1764 passage of the Sugar Act for the latter – to diagnose the ills then plaguing the contemporary British state. That the authors of Cato’s Letters wrote from within the context of early Georgian Britain while the sole scribe of Asserted and Proved was a late 18th century Massachusetts lawyer affected only the circumstances of their work and not its purpose. Otis was united with his predecessors Trenchard and Gordon in seeking to expose the failings of a particular government as a means of preserving the soul of an empire. 

If nothing else, the ease with which this kind of similarity may be drawn should suggest – as many of the discussions undertaken in these pages have attempted – that the America Revolution was indeed a process rather than a moment. Contrary to the most popular narratives – which so often seem to begin with the Boston Tea Party and end with the Battle of Yorktown – the crisis that gave birth to the United States of America defies simple description. It was the child of many mothers – religious, political, philosophical, economic – began when it began – 1775? 1765? 1764? 1688? – ended when it ended – 1783? 1787? 1803? 1865? – and was at no point as cut and dried as two centuries of retellings would have it appear. Asserted and Proved is arguably symbolic of this definitional slipperiness because the image it conjures seems to be so plainly at odds with what the Revolution is best known for. Jefferson’s Declaration of Independence and Paine’s Common Sense describe a people since exhausted by the strain of attempting to negotiate an acceptable solution to an ongoing political crisis. That was 1776. The critique rendered by James Otis of the recently-passed Sugar Act meanwhile evinces the loyalty and affection many Americans then sincerely felt for Great Britain and its institutions and the patience they were willing to exercise in seeing preserved the bond between that country and their own. That was 1764. The failure of one made the other possible. Such was the nature of the process. Such was the nature of the American Revolution.

Anyhow, that’ll do me. Take a look for yourself sometime

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