James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
Such was the situation of affairs when the sycophants of the
foreign government in Boston undertook to enforce the Writs of
Assistance. They soon found that they needed more assistance to
do it. The banded merchants, and the patriots generally, said
that the acts were illegal, and that they would not submit to the
officers. The governor and his subordinates and the custom-house
retinue in particular, said that the writs were legal, and that
they should be enforced. The matter came to a clash and a trial.
The case as made up presented this question: Shall the persons
employed in enforcing the Acts of Trade have the power to invoke
generally the assistance of all the executive officers of the
colony?
This issue was, in February of 1761, taken into court in the old
Town House, afterwards the old State House, of Boston. There
were sitting the five Judges of the Superior Court of the
province. Chief Justice Hutchinson, still holding the office of
Lieutenant-Governor, his membership in the Council, and his
position of Judge of Probate, presided at the trial. Perhaps
there was never in America an instance in which a high official
so nearly fulfilled the part of "Pooh Bah."
The trial evoked an attendance of all who could be admitted, and
of many more. The officers of the crown were out in full force,
and resolute patriotism completed the crowd. John Adams was one
of the spectators.
Another element in the dramatic situation was the fact that James
Otis had, in the meantime, received the appointment to the crown
office of Advocate General, to which an ample salary was
attached. In this relation it would be his especial duty to
support the petition of the custom-house officers in upholding
the Writs of Assistance and in constraining the executive
officers of the province to support them in doing so.
This contingency brought out the mettle of the man. When the
revenue officers came to him with the request that he defend
their case, he at once resigned his office, and this being known
the merchants immediately sought his services as counsel to
uphold their protest against the Writs. For his assistant they
selected Mr. Oxenbridge Thatcher.
Otis accepted the invitation without a fee. His action involved
the loss of his official position as well as his means of living.
It chanced at this time that his old law preceptor, Jeremiah
Gridley, was selected as King's Attorney, and it fell to his lot
to take the place which Otis would not accept. Thus master and
pupil were brought face to face at the bar in the hottest legal
encounter which preceded our rupture with the mother country.
The trial that ensued has been described by John Adams, an eye
witness of the whole proceedings. He gives in his works a
description of the conduct of the case as it was presented for
and against the crown, and also notes of Otis's argument.
Public-domain text, read in full here on John Shaqi.
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