James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
My brother Adams has entered so largely into the validity of the
act, that I shall not enlarge on that head. Indeed, what has
been observed is sufficient to convince the most illiterate
savage that the Parliament of England had no regard to the very
first principles of their own liberties.
Only the preamble of that oppressive act is enough to rouse the
blood of every generous Briton.--"We your Majesty's subjects,
the commons of Great Britain, etc., do give and grant"--What?
Their own property? No! The treasure, the heart's blood of all
your Majesty's dutiful and affectionate British-American
subjects.
But the time is far spent. I will not tire your patience. It
was once a fundamental maxim that every subject had the same
right to his life, liberty, property, and the law that the King
had to his crown; and 'tis yet, I venture to say, as much as a
crown is worth, to deny the subject his law, which is his
birthright. 'Tis a first principle "that Majesty should not only
shine in arms, but be armed with the laws." The administration
of justice is necessary to the very existence of governments.
Nothing can warrant the stopping the course of justice but the
impossibility of holding courts, by reason of war, invasion,
rebellion, or insurrection. This was law at a time when the
whole island of Great Britain was divided into an infinite number
of petty baronies and principalities; as Germany is, at this day.
Insurrections then, and even invasions, put the whole nation into
such confusion that justice could not have her equal course;
especially as the kings in ancient times frequently sat as
judges. But war has now become so much of a science, and gives
so little disturbance to a nation engaged, that no war, foreign
or domestic, is a sufficient reason for shutting up the courts.
But if it were, we are not in such a state, but far otherwise,
the whole people being willing and demanding the full
administration of justice. The shutting up of the courts is an
abdication, a total dissolution of government. Whoever takes
from the king his executive power, takes from the king his
kingship. "The laws which forbid a man to pursue his right one
way, ought to be understood with this equitable restriction, that
one finds judges to whom he may apply."
I can't but observe that cruel and unheard-of neglect of that
enemy to his king and country, the author of this Act, that, when
all business, the very life and being of a commercial state, was
to be carried on by the use of stamps, that wicked and execrable
minister never paid the least regard to the miseries of this
extensive continent, but suffered the time for the taking place
of the Act to elapse months before a single stamp was received.
Though this was a high piece of infidelity to the interest of his
royal master, yet it makes it evident that it could never be
intended, that if stamps were not to be had, it should put a stop
to all justice, which is, ipse facto, a dissolution of society.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account