james otis the pre-revolutionist-第2节
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of Chief Justice of the Common Pleas； and while holding this important place he was also judge of the Probate Court。 The family rose and flourished in reputation。
In 1702； James Otis； son of Judge John Otis； was born。 He followed in his father's footsteps becoming a lawyer and colonial publicist； afterwards a colonel of the militia； a judge of the Common Pleas； a judge of the Probate Court； and a member of the Council of Massachusetts。 Just after reaching his majority Colonel Otis took in marriage Mary Alleyne； and of this union were born thirteen children。 The eldest was a son； and to him was given his father's name。 It was to this child that destiny had assigned the heroic work of confronting the aggressions of Great Britain on the American colonists； and of inspiring the latter to forcible resistance。
James Otis； Junior； was born at a place called Great Marshes； now known as West Barnstable； on the 5th of February； 1725。 He inherited from his father and grandfather not only a large measure of talents but also a passion for public life which impelled him strongly to the study and solution of those questions which related to the welfare of the American colonies； and to the means by which their political independence might be ultimately secured。
The character and intellect of Colonel Otis of Barnstable were transmitted to other members of his family also。 The daughter Mercy； oldest sister of James Otis； was married to James Warren who made his home at Plymouth。 This lady had her brother's passion for politicsan enthusiasm which could hardly be restrained。 She wrote and conversed in a fiery manner on the revolutionary topics of the day。 Almost coincidently with the Battle of Bunker Hill she composed and published （without her name； however；） a biting satire on the colonial policy of Great Britain； calling her brochure 〃The Group。〃 Fifteen years afterwards she published a volume of poems； mostly patriotic pieces； and finally in 1805 a brief 〃History of the American Revolution；〃 which was considered a reputable work after its kind。
Samuel Alleyne Otis； youngest brother of James； outlived nearly all the other members of the family； and was recognized as a prominent political leader。 He； also； had the strong patriotic and revolutionary bent of the family； was popular and influential； and was honored with a long term of service as Secretary of the Senate of the United States。 In this capacity he participated； April 30； 1789； in the inauguration of Washington； holding the Bible on which the Father of his Country took the oath of office。 The other brothers and sisters were of less conspicuous ability； and were not so well known to their own and other times。
In New England in the first half of the eighteenth century the sentiment of education was universal。 Among the leading people； the sentiment was intense。 Colonel Otis； of Barnstable； was alert with respect to the discipline and development of his children。 He gave to them all； to the sons especially； the best advantages which the commonwealth afforded。 James Otis was assigned to the care of Reverend Jonathan Russell； the minister at Barnstable； who prepared the youth for college。 By the middle of his fifteenth year he was thought to be ready for matriculation。 He was accordingly entered as a freshman at Harvard； in June； 1739。
Of the incidents of his preceding boyhood； we know but little。 A tradition exists that he was more precocious than diligent； that his will was strong； that his activities were marked with a reckless audacity； which； however； did not distinguish him much from the other promising New England boys of his age。 Something of these characteristics are noticeable in his college career。 At Harvard he showed an abundance of youthful spirits； a strong social disposition； and a well…marked discrimination between his friends and his enemies。 At times he applied himself assiduously； and at other times mused and read rather than studied。 On the whole he did not greatly distinguish himself as a student。 His passion for literature was marked； and he became conspicuous for his forensic abilities。 Towards the end of his course； his character as a student was intensified； and he was not often seen away from his books。 Out of term time； he would return to his father's home taking his books with him。 At such times he was rarely seen by his former companions of Barnstable； because of his habit of secluding himself for study。
It is narrated that at this period of his life； young Otis gave strong evidence of the excitable temperament with which he was endowed。 In the intervals of his study his nervous system； under the stimulus of games or controversial dispute； would become so tense with excitement as to provoke remark。 Nor may we in the retrospect fail to discover in this quality of mind and temper the premonitions of that malady which finally prevailed over the lucid understanding； and rational activities of James Otis。
The youth did not much effect social accomplishments。 He had a passion for music and learned to play the violin。 With this instrument he was wont to entertain himself in the intervals of study。 Sometimes he would play for company。 It was one of his habits to break off suddenly and rather capriciously in the midst of what he was doing。 Thus did he with his music。 It is narrated that on a certain occasion while playing by invitation for some friends； he suddenly put aside the instrument； saying in a sort of declamatory manner as was his wont
〃So fiddled Orpheus and so danced the brutes。〃
He then ran into the garden； and could not be induced to play the violin again。
Young Otis passed through the regular classes at Harvard and was graduated in 1743。 On that occasion he took part in a disputation which was one of the exercises of his class。 Otherwise his record at the college is not accented with any special work which he did。 At the time of his graduation he was in his nineteenth year。 It had been his father's purpose and his own that his profession should be the law。 It does not appear； however； that his college studies were especially directed to this end。 At any rate； he did not devote himself at once to the law； but assiduously for two years （1743…45） to a general course of study chosen and directed by himself with a view to the further discipline of his mind and the widening of his information。 It was an educational theory with Otis that such an interval of personal and spontaneous application should intervene between a young man's graduation and the beginning of his professional career。 Having pursued this course with himself he insisted that his younger brother； Samuel Alleyne Otis； should take the same course。 In one of his letters to his fathera communication fortunately rescued from the holocaust of his correspondencehe discusses the question and urges the propriety of the young man's devoting a year or two to general study before taking up his law books。 An extract from the letter will prove of interest。 The writer says： 〃It is with sincerest pleasure I find my brother Samuel has well employed his time during his residence at home。 I am sure you don't think the time long he is spending in his present course of studies； since it is past all doubt they are not only ornamental and useful； but indispensably necessary preparatories for the figure I hope one day； for his and your sake； as well as my own； to see him make in the profession he is determined to pursue。 I am sure the year and a half I spent in the same way； after leaving the academy； was as well spent as any part of my life； and I shall always lament I did not take a year or two further for more general inquiries in the arts and sciences； before I sat down to the laborious study of the laws of my country。
〃My brother's judgment can't at present be supposed to be ripe enough for so severe an exercise as the proper reading and well digesting the common law。 Very sure I am； if he would stay a year or two from the time of his degree； before he begins with the law； he will be able to make better progress in one week； than he could now； without a miracle； in six。 Early and short clerkships； and a premature rushing into practice； without a competent knowledge in the theory of law； have blasted the hopes； and ruined the expectations； formed by the parents of most of the students in the profession； who have fallen within my observation for these ten or fifteen years past。〃
The writer of this well…timed communication then adds in proof of his position； the names of several distinguished jurists who postponed the beginning of their legal studies； or at least their legal practice； to a time of life quite beyond the conventional student period。 Mr。 Otis then declares his conviction that a young man may well procrastinate his legal studies until he shall have attained the age of thirty or even of forty years。 He declares his belief that such postponement will as a rule lead to better result than can be attained by a youth who begins at twenty； however brilliant his genius may be。
This view of the case was with James Otis both theory and practice。 He began his legal studies in 1745。 In that year he became a law student under the
