James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
"But to show another absurdity in this writ, if it be
established, I insist upon it, every person, by the 14th of
Charles the Second, has this power, as well as the custom-house
officers. The words are, 'It shall be lawful for any person, or
persons, authorized,' etc. What a scene does this open. Every
man prompted by revenge, ill-humor, or wantonness, to inspect the
inside of his neighbor's house, may get a Writ of Assistance.
Others will ask it from self-defence; one arbitrary exertion will
provoke another, until society be involved in tumult and in
blood."
This extract may serve to show the Demosthenic power of James
Otis as an orator. We cannot within our limits present many
additional paragraphs from his great plea in the cause of his
countrymen.
To the next division of his argument he confuted the position
taken by Gridley with respect to the alleged legal precedents for
the Writs of Assistance. He showed that the writs were wholly
different from those provided for in the time of Charles II.
Even if they had not been so, the epoch and the manner of King
Charles had passed away. Neither could the Writs be justified by
inferences and constructions deduced from any previous statutes
of Parliament.
Besides, such odious Writs could never be enforced. They could
never be enforced in the City of the Pilgrims. If the King of
England should himself encamp with twenty thousand soldiers on
the Common of Boston, he could not enforce such laws. He
assailed the sugar tax with unmeasured invective. And over and
above all, this despotic legislation was in direct conflict with
the Charter of Massachusetts.
Here the orator broke forth in his most impassioned strain
declaring that the British King, the British Parliament and the
British nation, were all guilty of ingratitude and oppression in
attempting to impose tyrannical enactment on the people of
America. Thus he concluded his argument appeal.
Those who heard the oration were convulsed with excitement. The
King's party was enraged. The patriots were inspired and
defiant. It was in every respect a critical and a historic hour.
What would the court do with the case? The action of that body
was obscure and double. There seems to have been a disposition
of the Associate Judges to decide for the counter-petitioners;
but Chief Justice Hutchinson induced them to assent to his policy
of withholding a decision. He accordingly announced that the
court would decide the case at the ensuing session. He then
wrote to the home government, and the records show that the
decision was rendered for the petitioners. That is, for the
Custom House officials, and in favor of the Writs.
The Chief Justice is also on record to the effect that he
continued to issue the Writs; but if so, no officer of the king
ever dared to present one of them in Boston! The famous (and
infamous) Writs of Assistance were as dead as the mummies of
Egypt.
Public-domain text, read in full here on John Shaqi.
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