James Otis then held the crown office of advocate-general, with an ample
salary and prospects of high favour from government. When the revenue
officers called upon him, in view of his position, to defend their
cause, he resigned his office and at once undertook to act as counsel
for the merchants of Boston in their protest against the issue of the
writs. A large fee was offered him, but he refused it. "In such a
cause," said he, "I despise all fees." The case was tried in the
council-chamber at the east end of the old town-hall, or what is now
known as the "Old State-House," in Boston. Chief-justice Hutchinson
presided, and Jeremiah Gridley, one of the greatest lawyers of that day,
argued the case for the writs in a very powerful speech. The reply of
Otis, which took five hours in the delivery, was one of the greatest
speeches of modern times. It went beyond the particular legal question
at issue, and took up the whole question of the constitutional relations
between the colonies and the mother-country. At the bottom of this, as
of all the disputes that led to the Revolution, lay the ultimate
question whether Americans were bound to yield obedience to laws which
they had no share in making. This question, and the spirit that answered
it flatly and doggedly in the negative, were heard like an undertone
pervading all the arguments in Otis's wonderful speech, and it was
because of this that the young lawyer John Adams, who was present,
afterward declared that on that day "the child Independence was born."
Chief-justice Hutchinson was a man of great ability and as sincere a
patriot as any American of his time. He could feel the force of Otis's
argument, but he believed that Parliament was the supreme legislative
body for the whole British empire, and furthermore that it was the duty
of a judge to follow the law as it existed. He reserved his decision
until advice could be had from the law-officers of the crown in London;
and when next term he was instructed by them to grant the writs, this
result added fresh impetus to the spirit that Otis's eloquence had
aroused. The custom-house officers, armed with their writs, began
breaking into warehouses and seizing goods which were said to have been
smuggled. In this rough way they confiscated private property to the
value of many thousands of pounds; but sometimes the owners of
warehouses armed themselves and barricaded their doors and windows, and
thus the officers were often successfully defied, for the sheriff was
far from prompt in coming to aid them.
[Sidenote: Patrick Henry, and the Parsons' Cause.]
Public-domain text, read in full here on John Shaqi.
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