James Otis
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The Writs of Assistance
Otis' status was soon elevated by a crisis. In 1761, the British imposed a Writs of Assistance to enforce anti-smuggling laws. These laws provided wide discretion in enforcement and gave customs officials the right to search private homes for smuggled goods with little restraint. These laws were approved and enforced by Thomas Hutchinson, the Chief Justice of the Massachusetts Superior Court. An interesting detail is that when the new Governor of Massachusetts Francis Bernard took office in 1761, Otis' father was expected to be appointed to the position of Chief Justice. However, the position was given to Thomas Hutchinson, even though Otis had years of legal experience, and Hutchinson had none. This in turn created a lot of enmity between the two families.
Thomas Otis law professor. They argued opposite viewpoints on the Writs of Assistance
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James Otis' Famous Speech
When word of the Writs of Assistance became public, fifty-three Boston merchants filed suit claiming the writs were illegal, but a customs official, James Paxton, filed a countersuit. As the Advocate-General, Otis would have to enforce these laws. Rather than do this, he resigned his position and offered his services as legal counsel to the Boston merchants and refused to accept a fee. Otis and his co-counsel, Oxenbridge Thatcher, mounted a lengthy defense in the Superior Court of Massachusetts. Otis gave a famous five-hour speech defending colonial rights.
Reminiscent of Patrick Henry's later, 'Give me Liberty or Give me Death' speech, Otis noted the gravity of the situation: '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.' It was in this speech that Otis is often attributed with popularizing the phrase 'no taxation without representation'. It was noted that Otis actually stated that, 'taxation without representation is tyranny'. However, no complete copy of the speech exists, and many scholars argue that Otis expressed more the idea, than the literal wording.
Otis did not win, but he made quite an impression. One of the most memorable lines of his speech was his reference to a man and his castle: 'Now, one of the essential branches of English liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.' A young John Adams sat in the audience and was impressed with Otis' passion. He later wrote that he was 'a flame of fire' and the idea of independence began there.
Old Boston House of Massachusetts where Otis argued against the Writs of Assistance
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Otis as a Colonial Leader
Otis contributed in other strategic ways to the revolutionary cause. In 1764, he wrote The Rights of the British Colonies Asserted and Approved which was influential in revolutionary circles. His core argument was that the chief end of government was to provide for the common good and that laws not derived by the people were unjust. He was also a member of the Stamp Act Congress in 1765, which was a nine colony meeting in New York, that drafted the Declaration of Rights and Grievances response to Parliament to rescind the taxes. Lastly, in response to the 1767 Townshend Acts which placed new taxes on lead, paint, glass, paper, and tea, he encouraged the Boston legislature to draft a response letter and circulate it to the colonies to encourage similar action. In response, two letters were written, one which was sent directly to the British Parliament, and a second, the Circular Letter, written by Samuel Adams, was sent to the colonies. However, at the height of his popularity, tragedy struck.
Notice of the Stamp Act. Otis served in the Stamp Act Congress
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Tragedy Strikes
In 1769, Otis got into an altercation with British customs official John Robinson, who repeatedly struck Otis on the head. He suffered mental decline from this episode. Otis had showed earlier signs of mental deterioration, and some scholars speculate whether this injury created or merely exasperated a preexisting condition. Whatever the case, Otis never returned to his earlier intellectual form. More tragically, in 1783, Otis was struck by lightning and killed. We shall give, however, the last word to John Adams who wrote: 'I have been young, and now am old, and I solemnly say, I have never known a man whose love of his country was more ardent or sincere; never one, who suffered so much; never one, whose services for ten years of his life, were so important and essential to the cause of his country, as those of Mr. Otis from 1760-1770.'
Lesson Summary
Otis' key contributions can be summed up in four acts. First, he played the central role in debating the merits of the Writs of Assistance, which immediately elevated him to a leadership role. Second, his pamphlet, The Rights of British Colonies Asserted and Approved proved highly influential in arguing for colonial rights. Third, he also played a strategic role in the Stamp Act Congress that drafted a response to the British Parliament. Fourth, in response to the Townshend Acts, he persuasively encouraged the Boston legislature to draft a letter to the other colonies encouraging that each town act. It was unfortunate to his later posterity that Otis was struck down so early in his life, as he was recognized by his own peers as a leading figure in the cause of liberty.
