James Otis, the Pre-RevolutionistRidpath, John Clark
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James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
May it please your Honours: I was desired by one of the court to
look into the (law) books, and consider the question now before
them concerning Writs of Assistance. I have accordingly
considered it, and now appear not only in obedience to your
order, but likewise in behalf of the inhabitants of this town,
who have presented another petition, and out of regard to the
liberties of the subject. And I take this opportunity to declare
that whether under a fee or not (for in such a cause as this I
despise a fee) I will to my dying day oppose, with all the powers
and faculties God has given me, all such instruments of slavery
on the one hand and villainly on the other, as this Writ of
Assistance is.
It appears to me the worst instrument of arbitrary power, the
most destructive of English liberty and the fundamental
principles of law that ever was found in an English lawbook. I
must therefore beg your Honours' patience and attention to the
whole range of an argument that may perhaps appear uncommon in
many things, as well as to points of learning that are more
remote and unusual, that the whole tendency of my design may the
more easily be perceived, the conclusions better descend, and the
force of them be better felt. I shall not think much of my pains
in this cause, as I engaged in it from principle. I was
solicited to argue this case as Advocate-General; and, because I
would not, I have been charged with desertion from my office. To
this charge I can give a very sufficient answer. I renounced
that office and I argue this cause from the same principle; and I
argue it with the greatest pleasure, as it is in favour of
British liberty, at a time when we hear the greatest monarch upon
earth declaring from his throne that he glories in the name of
Briton and that the privileges of his people are dearer to him
than the most valuable prerogatives of his crown; and as it is in
opposition to a kind of power, the exercise of which in former
periods of history cost one king of England his head and another
his crown, I have taken more pains in this cause than I ever will
take again, although my engaging in this and another popular
cause 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 good citizens; 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
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