Arsonist: The Most Dangerous Man in America

by Nathan Allen

  Joseph Blackburn, the artist who trained the great Copley yet received little recognition for his own work, painted James Otis’s portrait. Blackburn slipped into the murky depths of history in the mid-1760s and is assumed to have died about a decade later, but his date and place of death are unknown. His portrait of Jemmy Otis hangs in no museum; its location is unknown.

  Note on the eBook edition of Arsonist:

  Due to the vagaries of eBooks, Otis’s footnotes from the original pamphlets are not reproduced here. They can be found in the hard copy edition of Arsonist and online at www.jamesotis.net.

  A Vindication of the Conduct of the House of Representatives (1762)

  THE PREFACE

  The following Vindication, was written in order to give, a clear View of Facts; and to free the House of Representatives, from some very injurious aspersions, that have been cast upon them, by ill-minded people out of doors. Whether the writer has acquitted himself as becomes a candid and impartial vindicator, is submitted to the judgment of the publick; which is ever finally given without Favour or affection; and therefore the appeal is made to a truly respectable and solemn tribunal? At the same time that a sincere love is professed for all men, and the duty of honour and reverence towards superiors is freely acknowledged, it must be allowed that one of the best ways of fulfilling these Duties, is in a modest and humble endeavor, by calm reason and argument, to convince mankind of their mistakes when they happen to be guilty of any. The more elevated the person who errs, the stronger sometimes is the obligation to refute him; for the Errors of great men are often of very dangerous consequence to themselves, as well as to the little ones below them. However it is a very disagreable task, to engage in any kind of opposition to the least individual in Society; and much more so when the opinions of Gentlemen of the first rank and abilities, and of publick bodies of men are to be called in question.

  The world ever has been and will be pretty equally divided, between those two great parties, vulgarly called the winners, and the loosers; or to speak more precisely, between those who are discontented that they have no Power, and those who never think they can have enough.

  Now, it is absolutely impossible to please both sides, either by temporizing, trimming or retreating; the two former justly incur the censure of a wicked heart, the latter that of cowardice, and fairly and manfully fighting the battle out, is in the opinion of many worse than either. All further apology for this performance shall be sum’d up in the adage. Amicus Socrates, amicus Plato, sed magis Amica veritas.

  A VINDICATION & c.

  A Quorum of the house of representatives of the Province of the Massachusetts-Bay, being met, on the 8th of Sept. A.D. 1762. according to prorogation, informed his Excellency the Governour by a committee chosen for that purpose, that they were ready to proceed to business. The committee returned that they had delivered the Message. Mr. Secretary came down soon after with a message from his Excellency, directing the attendance of the House in the council chamber. Mr. Speaker with the House immediately went up; when his Excellency was pleased to make the following Speech; of which Mr. Speaker obtained a Copy, and then with the house returned to their own Chamber.

  His Excellency’s speech is as follows. Viz.

  “Gentlemen of the Council, and

  “Gentlemen of the House of Representatives,

  “I have been always desirous to make your Attendance to this General Court as unexpensive to your Constituents and as convenient to yourselves as the Nature and Incidents of the public Business will allow. But, as, whilst the War continues, this Province, however happy in the Operations being re-moved at a Distance, must expect to bear some Share of the Trouble and Expence of it: It will sometimes unavoidably happen that I must be obliged to call you together at an unseasonable Time. I HAVE now to lay before you a Requisition of His Excellency Sir JEFFERY AMHERST, who, observing that the great and important Services on which His Majesty’s Regular Troops are now employed, and the Uncertainty of their Return, render it absolutely necessary, that Provision should be made in Time for garrisoning the several Posts on this Continent during the Winter, desires that you would provide tor continuing in Pay the same Number of Troops that remained during last Winter; that is, Six Captains, Thirteen Subalterns, and Five Hundred and Seventy Two Privates, amounting in the whole to Five Hundred and ninety one Men.

  I MUST observe to you that the Necessity of this Request arises from the present vigorous Exertion in the West-Indies; which promises effectually to humble the Pride of our Enemies, and pave the Way to Peace. As this glorious Expedition cannot but have your entire Approbation, I doubt not but you will readily embrace this Opportunity to give a public Testimony of it.

  THE French Invasion of Newfoundland must give you great Concern upon Account of the National Loss which the Interruption of the Fishery there must have occasioned, although this Province will not, in its own particular, greatly suffer thereby. But I am persuaded that the Reign of the French in those Parts is by this Time near over; and I flatter myself that this Government will have some Share in the Honour of putting an End to it.

  Gentlemen of the House of Representatives,

  THE great Alarm which spread itself over the Country upon the French getting Possession of a strong Post in Newfoundland, obliged me with the Advice of Council to take some cautionary Steps which have been attended with Expence. But as these Measures were advised with an apparent Expediency, and have been conducted in the most frugal Manner, I doubt not but what has been done will have your Approbation. I shall inform you of the Occasion of these Expences, and order the Accounts thereof to be laid before you.

  Gentlemen of the Council, and

  Gentlemen of the House of Representatives,

  As I have called you together at this Time with Reluctance, so I shall be desirous to dismiss you, as soon as the public Business shall have had due Consideration. This, I apprehend, will take up not many Days; after which I shall be glad to restore you to your several Engagements at your own Homes with as little Loss of Time as may be.

  Council-Chamber,

  Sept. 8, 1762. FRA. BERNARD.

  This speech (with General Amherst’s Letter therein referred to) being read, the Consideration thereof was appointed for the next morning at nine of the clock.

  September the 9th, the house agreable to the order of the day, entered into the Consideration of his Excellency’s speech. In the course of the debate the following speech was made, as nearly as can be recollected by memory;

  “Mr. Speaker,

  This Province has upon all occasions been distinguished by its loyalty and readiness to contribute its most strenuous efforts for his majesty’s service. I hope this spirit will ever remain as an indelible Characteristick of this People. Every thing valuable is now at stake. Our most Gracious Sovereign, and his royal Predecessor, of blessed memory, have for some years been engaged in a bloody and expensive, but most just and necessary War, with the powerful Enemies of their Persons, Crown and Dignity; and consequently of all our invaluable civil and religious Rights and Priviledges. The Almighty has declared the justice of this War, by giving us the most astonishing series of Victories and Triumphs recorded in ancient or modern story. From these Successes we had reason to hope that the War would have ended last year in a glorious peace. Our King and Father has condescended to tell us that his Endeavors for that purpose were frustrated by Gallic Chicanery and Perfidy. The King of Spain has been prevailed upon to break his Neutrality, to forsake his alliance with Great Britain, to turn a deaf Ear to the Interest and Cries of his own Subjects, and to attach himself to the Party of France and of Hell. But Heaven still smiles upon his Majesty’s Arms. We have within this Hour received undoubted Intelligence of a memorable Victory obtained by Prince Ferdinand of Brunswick; and of the Reduction of the Havannah, the Key of the Spanish Treasury. Besides an immense Value in specie we have taken and destroyed one quarter of the Spanish navy. This has been done at a bad Season of the year and in Spite of as Gallan
t a defence as ever was made of a strong Hold. Mr. Speaker, the Fate of North America, and perhaps ultimately of Great Britain herself depends upon this War.

  Our own immediate Interest therefore, as well as the general Cause of our King and Country, requires that we should contribute the last peny, and the last drop Of Blood, rather than, that by any backwardness of ours, his Majesty’s Measures should be embarrassed; and thereby any of the Enterprizes, that may be planned for the Regular Troops miscarry. Some of these Considerations, I presume, induced the Assembly, upon his Majesty’s Requisition, signified last Spring by Lord Egremont so cheerfully and unanimously to raise thirty three Hundred Men for the present Campaign; and upon another Requisition, signified by Sir Jeffery Amherst, to give a handsome bounty for inlisting about nine Hundred more into the regular Service. The Colonies we know, have been often blamed without Cause; and we have had some share of it. Witness the miscarriage of the pretended Expedition against Canada in Queen Anne’s Time, just before the infamous Treaty of Utrecht. It is well known by some now living in this Metropolis, that every Article, that was to be provided here, was in such readiness, that the Officers, both of the army and navy, expressed the utmost Surprise at it upon their arrival. To some of them no doubt it was a Disappointment; for in order to shift the Blame of this shameful affair from themselves, they endeavoured to lay it upon the New-England Colonies. I remember, that by some, who would be thought faithful Historians, the miscarriage at Augustin in the last War, has been attributed to the neglect of the Carolinians. But it is now notorious to all, that the ministry of that Day never intended that any good should come of that Enterprize; nor indeed to any other, by them set on foot, during the whole War. The Conduct of that War, so far as the ministry were concerned, has been judged to be one continued abuse upon the Sovereign and his People. Thank God, we are fallen into better Times. The King, the ministry, and the People are happily united in a vigorous pursuit of the common good. Surely then if We should discover the least remissness in his Majesty’s Service, as we should be truly blame-worthy, we may depend upon having matters represented in the strongest light against us, by those who delight to do us harm.

  I am therefore clearly for raising the men, if Gen. Amherst should not inform us, by the return of the next mail, that he shall have no occasion for them. But as his Letter is dated the 4th of August, before even Moore Castle was taken, and since the Reduction of the Havannah, a number of the Regulars are returned to New-York, it is possible the General may have altered his Sentiments, as to the necessity of these Provincials.

  Waiting 2 or 3 Days however can’t make any odds in this Business, as our Troops are all inlisted to the last of October. Upon the whole Mr. Speaker, I am for a Committee to take the Governor’s Speech and the present Requisition into Consideration, and make report.” This being seconded, Mr. Speaker, Mr. Otis, Mr. Tyler, General Winslow, and Mr. Witt, were appointed a Committee to take said Speech and Requisition into Consideration, and make report. The Committee waited a few Days for the Return of the Express, but hearing nothing further about the men it was taken for granted that the General expected them. The Committee therefore without debate unanimously reported to the House in favour of raising them at the bounty of Four Pounds each, that is, ten Shillings more than was given in the Spring. This Report was likewise almost unanimously accepted, and the men are now inlisting.

  Here is another instance of the readiness of this Province to do every thing in their Power for his Majesty’s Service. This Spirit notwithstanding many ungenerous Suggestions to the contrary, has remarkably discovered itself in most if not all the British Colonies during the whole War. This Province has since the year 1754, levied for his Majesty’s Service as Soldiers and Seamen, near thirty Thousand men besides what have been otherwise employed. One year in particular it was said that every fifth man was engaged in one Shape or another. We have raised Sums for the support of this War that the last Generation could hardly have formed any Idea of. We are now deeply in debt, but should think our selves amply rewarded if Canada should be retained.

  The House did not enter into a particular Consideration of the latter part of the Governor’s Speech, at this Time; as it is general; and an explanatory message was expected, with particular accounts of all the expences alluded to. Accordingly Sept. the 14th Mr. Secretary came down with the following message, from his Excellency, Viz.

  Gentlemen of the House of Representatives,

  “SOON after the French Invasion of Newfoundland, the Inhabitants of Salem and Marblehead, who were concerned in the Fishery North-West of Nova-Scotia, were alarmed with Advice that a French Privateer was cruising in the Gut of Canso; and petitioned for protection for their Fishing Vessels then employed in those Seas.

  AS the King George was then out on a Cruize, and the Massachusetts-Sloop was just returned from Penobscot, I fitted the latter out in the readiest and most frugal Manner I could. I put on board her twenty-six Provincials, which I had within my Command, and augmented her Crew which was established at six Men, to twenty-four; and having compleately armed her, sent her to the Gut of Canso, to the Protection of the Fishery there.

  FROM thence she is just now returned, after a Cruize of about a Month; in which she saw no Enemy, although she heard of a French Pirate being in those Seas, and looked after him; and has in some Part Answered her Purpose, by encouraging the Vessels there to stay to compleat their Fares.

  SHE now waits for Orders; and before I disarm her, and reduce her Crew, it may deserve Consideration whether it may not be advisable to keep up her present Complement, ‘till the King George is discharged from the Service she is now engaged in; which I refer to your Deliberation.”

  Council-Chamber,

  Sept. 11, 1762. FRA. BERNARD.

  A little paper only, accompanied this message, with a short account of the Difference to the Province by the Governor and Council’s inlarging the Establishment, which amounted to about Seventy two Pounds. But no notice was taken of the Commissary’s and other Bills which must finally swell this account much higher. However it was neither the measure, nor the expence of it, that gave the House so much uneasiness, as the manner of it; that is, the inlarging an Establishment without the knowledge of the house, and paying it without their privity or consent. The Council minute relating to this Affair stands thus.

  “At a General Council held at the Council Chamber in Boston upon Monday the 9th Day of Dec. 1761.

  Present

  His Excellency the Governor.

  Hon. Thomas Hutchison, Esq; Lieutenant Governor. Mr. Danforth, Judge Lynde, Brigadier Royal, Capt. Erving, Brigadier Brattle, Mr. Bowdoin, Mr. Hancock, Mr. Hubbard, Mr. Gray, Mr. Russell, Mr. Plucker, Mr. Ropes.

  Upon representation made to his Excellency the Governor from a Number of Persons Inhabitants of the Towns of Salem and Marblehead, for some protection to be afforded to the Fishery, they having received an account of a French Privateer in the Gut of Canso. Advised that his Excellency give orders for fitting out the Sloop-Massachusetts, in order to proceed on a cruize, to the Gut of Canso, and Bay Vert, for the protection of the Fishery and to continue her said cruise not exceeding one Month; and as his Excellency proposes to put on board twenty-six Provincials, and ten men out of the Ship King George, provided she arrives seasonably, towards manning of the said Sloop: Advised that her proper Crew be augmented to twenty-four men, officers included, upon the following Wages, viz. Captain £.5 6 8. per Month, Lieut. £ .4 0 0. Master £.4 0 0. Master’s mate £.368. Boatswain £.3 6 8. Boatswain’s mate£.3 0 0. Gunner £.368. Gunner’s mate £.30 0. per Month, and each Private £.2 13 14. per Month; and that the Commissary General put in Provisions for said Cruize accordingly.”

  The Protection of the Fishery is undoubtedly a very important object and the Province at the beginning of the War built a Ship of twenty Guns, and a Snow of sixteen Guns, for the immediate protection of the Trade. I wish the Interests of Commerce were more attended to by those who have it in their Power to cherish them
. The trade in the opinion of some has never received a Benefit from those Vessels equal to the Tax Trade alone has paid for their Support. However if more are wanted, when that necessity appears, doubtless the assembly will establish more, in the mean time, no more can be lawfully established at the publick Expense. There has been an Instance or two of the Governor and Council’s taking upon them in the recess of the Court to fit out the Province Ship, in a very unusual and unconstitutional manner, as appears by the following Extracts from the Council Records.

  “11th of September 1760. Present in Council the Governor, Lieutenant Governor, the Honorable Jacob Wendell, Samuel Watts, Andrew Oliver, John Erving, James Bowdoin, William Brattle, Thomas Hancock, and Thomas Hubbard, Esqr’s.

  His Excellency having communicated to the board some Intelligence he had received of five Privateers being cruizing off the Southern Provinces in Lat. 39. 28. and asked the advice of the Council with respect to manning the Province Ship King George. Advised that his Excellency give Orders for immediately compleating the Ship’s Complement of Men, by directing Captain Hallowell to beat up for Volunteers upon the Encouragement of eight Dollars per man for the Cruize over and above the Wages agreable to the Establishment. Advised and Consented that a Warrant be made out to the Treasurer to pay unto Captain Hollowell the Sum of One Hundred and sixty Pounds sixteen Shillings, to pay the Bounty of said Men, he to be accountable.”