James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
"I have taken more pains in this case than I ever will take
again, although my engaging in this and another popular case has
raised much resentment. But I think I can sincerely declare,
that I cheerfully submit myself to every odious name for
conscience' sake; and from my soul I despise all those whose
guilt, malice or folly, has made them my foes.
"Let the consequences be what they will, I am determined to
proceed. The only principles of public conduct, that are worthy
of a gentleman or a man, are to sacrifice estate, ease, health
and applause, and even life, to the sacred calls of his country.
"These manly sentiments, in private life, make the good citizen;
in public life, the patriot and the hero. I do not say that,
when brought to the test, I shall be invincible. I pray God I
may never be brought to the melancholy trial; but if ever I
should, it will then be known how far I can reduce to practice
principles which I know to be founded in truth. In the meantime,
I will proceed to the subject of this writ."
After this introductory part we are obliged to fall back on the
summary given by Mr. Adams. According to his report, Otis in the
next place went into fundamentals and discussed the rights of man
in a state of nature. In this part, the argument ran in an
analagous vein to that of Rousseau in the Contrat Social that is,
man in the first place is a sovereign subject only to the higher
laws revealed in his own conscience. In this state he has a
right to life, to liberty, to property.
Here the speaker fell into the manner of Jefferson in the opening
paragraphs of the Declaration. It is to be noted that Otis
presented the truth absolutely; he including negroes in the
common humanity to whom inalienable rights belong.
Mr. Otis next took up the social compact, and showed that society
is the individual enlarged and generalized. This brought him to
the question before the court; for the conflict now on was a
struggle of society, endowed with inalienable rights, against
arbitrary authority and its abusive exercise.
The abusive exercise was shown in the attempts to enforce the
Acts of Trade. Of this kind was the old Navigation Act, and of
like character was the Importation Act. It was to enforce these
that the Writs of Assistance had been devised. Mr. Otis then
continued:
"Your Honors will find, in the old books concerning the office of
a justice of the peace, precedents of general warrants to search
suspected houses. But, in more modern books, you will find only
special warrants to search such and such houses, specially named,
in which the complainant has before sworn, that he suspects his
goods are concealed; and will find it adjudged, that special
warrants only are legal. In the same manner, I rely in it, that
the writ prayed for in this petition, being general, is illegal.
It is a power that places the liberty of every man in the hands
of every petty officer.
Public-domain text, read in full here on John Shaqi.
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