Franklin's paper was a clever argument in which he treated facts so as to serve his purpose rather than that of historic truth. His use of Oliver's phrase, "to take off the original incendiaries", which was a pleasant _ad hominem_ hit, has been adopted seriously by Bancroft,[161] in a chapter entitled "A Way to Take off the Incendiaries." The concessions which Franklin was willing to make for a settlement of the difficulties, as late as December 4, 1774, may be seen in "Some Special Transactions of Dr. Franklin in London, in Behalf of America", in Ramsay.[162]
THE argument of Otis on the Writs of Assistance is the first well-arranged expression of the gathering opposition,[163] and what John Adams called "the heaves and throes of the burning mountain", forerunning the eruption, were shown in James Otis's _A vindication of the conduct of the House of Representatives of the province of the Massachusetts-Bay; more particularly, in the last session of the general assembly_ (Boston, 1762).[164]
John Dickinson and Joseph Galloway were already pitted against each other on the question of maintaining the proprietary government of Pennsylvania, or of seeking a royal one.[165]
Frothingham[166] says the earliest organized action against taxation was when the town of Boston passed instructions to its representatives, May 24, 1764, the original writing of which is among the Samuel Adams MSS. The paper was printed in the newspapers of the day, and shortly afterwards in the famous tract of Otis, _The Rights of the British Colonies asserted and proved_,[167] in which, however, he failed, with all his fervid and cogent reasoning, to stand in every respect by the advanced position which he had taken in his plea against the Writs of Assistance.[168]
After a statue of James Otis, by Crawford, in the chapel at Mount Auburn. The usual portrait of Otis is by Blackburn, painted in 1755, and now owned by Mrs. H. B. Rogers. The earliest engraving of it which I have noticed is by A. B. Durand in Tudor, and again in the _Worcester Magazine_ (1826), vol. i. It has been engraved by W. O. Jackman, J. R. Smith, O. Pelton, and best of all by C. Schlecht, in Gay's _Pop. Hist. U. S._, iii. 332. Cf. Loring's _Hundred Boston Orators_, and the woodcut in the _Mem. Hist. Boston_, iii. 6. The earliest engraved likeness is probably a rude cut on the title of Bickerstaff's _Almanac_ (1770), which is reproduced in Lossing's _Field-Book of the Rev._, i. 486.