James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
not paid toll to His Majesty's customs. This attempted rigid
execution of the Acts of Trade, together with other arbitrary
measures on the part of the Crown which followed, such as the
imposition of the Stamp Act, and the coercive levy of taxes to
pay part of the cost of maintaining English troops in the
Colonies, was soon to cost England dear and end in the loss of
her possessions in America and the rise of the New World
Republic.
One of the most active men in the Colonies to oppose this
Colonial policy of England was, as we know, the patriot James
Otis, at the time Advocate-General of the Crown, who took
strong ground against the Writs of Assistance, arguing that they
were not only arbitrary and despotic in their operation, but
unconstitutional in their imposition on the Colony, since they
were irreconcilable with the Colonial charters and a violation of
the rights and prerogatives of the people. Rather than uphold
them as a Crown officer, Otis resigned his post of
Advocate-General, and became a fervent pleader of the popular
cause and denouncer of the legal processes by which the Crown
sought to impose, with its authority, its obnoxious trammellings
and restrictions without the consent of and in defiance of the
inalienable rights of the American people. Otis not only
resisted the enforcement by the King's officers of the odious
warrants and denounced their arbitrary character, but inveighed
hotly against English oppression and all attempts of the Crown
and its deputy in the province, the Lieutenant-Governor of
Massachusetts, to restrict the liberties of the people and impose
unconstitutional laws upon the Colony. The Writs of Assistance
were, of course, defended by the representatives of the Crown in
the Colony, and on the plea that without some such legal process
the laws could not be executed, and that similar writs were in
existence in England and made use of there on the authority of
English statutes. The pleas against them advanced by Otis took
cognizance of the fact that the Writs were irreconcilable with
the charter of the Massachusetts Colony, that English precedent
for their enforcement had no application in America, and that
taxation by the Motherland and compulsory acts of the nature of
the Writs did open violence to the rights and liberties of the
people and were inherently arbitrary and despotic, being imposed
without the consent of the Colonies and to their grave hurt and
detriment. In pleading the Colonial cause against the Writs,
Otis struck a chord in the heart of the people which tingled and
vibrated, while stirring up such opposition to them that the
authorities were fain to hold their hand and await instructions
from the English ministry as to their withdrawal or enforcement.
The response of the home government was that they should be
enforced, but little advantage was taken of this mandate in the
Colonies, since opposition to the Writs had, thanks to the
patriot Otis's denunciation of them, became almost universal;
Public-domain text, read in full here on John Shaqi.
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