Francis Bernard was the first Massachusetts governor under George III.
Bernard arrived August 2, 1760; the old king died on October 25; and in
November the customs officials, stimulated by orders from home to
enforce the provisions of the Sugar Act of 1733, petitioned for "writs
of assistance," to empower them to summon help in forcible entries in
search of smuggled goods. Now there can be no doubt that there was
smuggling in the colony, even in Boston itself. On the other hand, the
officials were inquisitorial and rapacious. Once they were armed with
writs of assistance, no dwelling would be safe from entry by them. The
struggle was at once begun, and in the council chamber of the old Town
House was fought out before the eyes of the province.
The scene is pictured on the walls of the modern State House. Chief
among the justices sat Thomas Hutchinson, a man of property and
education, and an excellent historian, but the very type of
office-holder, and by prejudice and interest a partisan of the king.
Against him stood James Otis, the first of the Massachusetts orators of
liberty, a man of good family, and, like so many of the patriot leaders,
a lawyer. His speech was the first definite pronouncement for a new
order of things.
"I am determined," he said, "to sacrifice estate, ease, health,
applause, and even life, to the sacred calls of my country." He referred
to the "kind of power, the exercise of which cost one king of England
his head and another his throne." Such language, publicly spoken, was
new. His argument was, to Englishmen, irrefutable. No precedent, no
English statute, could stand against the Constitution. "This writ, if
declared legal, totally annihilates" the privacy of the home.
"Custom-house officers might enter our houses when they please, and we
could not resist them. Upon bare suspicion they could exercise this
wanton power.... Both reason and the Constitution are against this
writ.... Every act against the Constitution is void."[11] The speech,
continued for four hours, was a brilliant example of keen logic combined
with burning eloquence.
This is Otis's great service to the cause of the Revolution. Fiery and
magnetic, but moody and eventually unbalanced, he gave place in the
public confidence to men perhaps of lesser talents, but with equal zeal
and steadier purpose. Yet his service was invaluable. His speech
expressed for his countrymen the indignation of the hour, and it pointed
the way to younger men. To one at least of his hearers, John Adams, it
was "like the oath of Hamilcar administered to Hannibal."[12] To many it
was the final appeal that settled them in their patriotism. For history
the scene has been called the beginning of the Revolution.
Public-domain text, read in full here on John Shaqi.
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