James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
Any house, public or private, might be entered at any time; any
closet or any cellar might be opened. Neither the bridal chamber
nor the room of the dead was sacred on the approach of any petty
customs constable or deputy in whose hands a Writ of Assistance
had been placed. The antecedent proceedings required no
affidavit or any other legal formality. The object was to lay
bare the whole privacy of a people on sheer suspicion of
smuggling.
It could hardly be supposed that our fathers would tamely submit
to such an odious and despotic procedure. To have done so would
have been to subscribe to a statute for their own enslavement.
Nor may we pass from the consideration of these writs and the
resistance offered thereto by the patriots of all our colonies
without noticing the un-English character of these laws.
Of a certainty Englishmen in whatever continent or island of this
world would never tolerate such a tyrannical interference with
their rights. This was demonstrated not only in America, but in
England also.
The issuance in England of just such illegal and arbitrary
warrants was one of the causes that led to the tremendous
agitation headed by John Wilkes. The excitement in that
controversy grew, and notwithstanding the repeated arrests of
Wilkes and his expulsions from Parliament, his reelection was
repeated as often, and his following increased until not only the
ministry but the throne itself was shaken by the cry of "Wilkes
and Liberty." Nor did this well-timed ebullition of human rights
subside until the arbitrary warrants were annulled by a decision
of the King's Bench.
It was the trial of this issue in America that brought on the
Revolution. It was a great cause that had to be pleaded, and the
occasion and the city and the man, were as great as the cause.
The parties to it were clearly defined, and were set in sharp
antagonism.
On the one side were the king's officers in the province, headed
by the governor. This following included the officers of the
customs in particular. It also included the not inconsiderable
class of American respectabilities who were feeble in American
sentiments, and who belonged by nature and affiliation to the
established order. These were the loyalists, destined to be
designated as Tories, and to become the bete noire of patriotism.
On the other side was a whole phalanx of the common people--a
phalanx bounded on the popular side by the outskirt of society
and on the high-up side by the intellectual and philosophical
patriots who were as pronounced as any for the cause of their
country, and with better reason than the reason of the many.
The officers of the province elected by the home folks were all
patriots, but the appointed officers of the crown were quite
unanimous for the prerogative of the crown, holding severe
measures should be taken with the resisting colonists, and in
particular that the Writs of Assistance were good law and correct
policy.
Public-domain text, read in full here on John Shaqi.
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