boston lawyer who opposed the writs of assistance

by Christian Hettinger Published 2 years ago Updated 1 year ago 9 min read

lawyer James Otis

Who argued against the writs of assistance?

In a five-hour speech, which was witnessed by a young John Adams, Otis argued that the writs were unconstitutional. He based his case on the rights guaranteed in English common law.

Who condemned the writs of assistance?

Initially a prosecutor for the British authorities, Otis changed sides in 1761, when he argued against writs of assistance (broad search warrants that British officials used to search the homes and businesses of colonists).

What did James Otis do with writs of assistance?

The "Writs of Assistance" were general warrants allowing officials to search for smuggled material within any suspected premises. James Otis was Advocate-General when the legality of these warrents was attacked, but promptly resigned his office when called upon to defend that legality.

What did James Otis argue in court?

Arguing before the Superior Court in Boston, Otis raised the doctrine of natural law underlying the rights of citizens and argued that such writs, even if authorized by Parliament, were null and void.

Why did colonists oppose writs of assistance?

Among the grounds the colonists opposed the writs were that they were permanent and even transferable; the holder of a writ could assign it to another; any place could be searched at the whim of the holder; and searchers were not responsible for any damage they caused.

Who condemned the writs of assistance and said that acts passed by Parliament against the rights of the colonists were invalid?

A fiery orator, Otis argued that the writs were "against the fundamental principles of law," and claimed that even an act of Parliament "against the Constitution is void." It took two and a half years before the ruling in the case was delivered.

Where did James Otis say no taxation without representation?

By 1765, the term was in use in Boston, and local politician James Otis was most famously associated with the phrase, "taxation without representation is tyranny." In the course of the Revolutionary era (1750–1783), many arguments were pursued that sought to resolve the dispute surrounding Parliamentary sovereignty, ...

Did Otis own slaves?

This evidence still doesn't prove that James Otis, Jr., never owned slaves. He could have done so as a young man, before 1771. He could even have inherited slaves from his father, who died in 1778.Jun 8, 2017

When did James Otis say no taxation without representation?

a phrase, generally attributed to James Otis about 1761, that reflected the resentment of American colonists at being taxed by a British Parliament to which they elected no representatives and became an anti-British slogan before the American Revolution; in full, “Taxation without representation is tyranny.”

Why was the writs of assistance bad?

Otis made the most important argument against the writs, on constitutional grounds. If the writs were made legal by act of Parliament, then the act of Parliament was wrong because Parliament could not make any act that violated a citizen's natural rights.

What was the significance of the writs of assistance?

writ of assistance, in English and American colonial history, a general search warrant issued by superior provincial courts to assist the British government in enforcing trade and navigation laws.

Did James Otis say a man can stand up?

We give all we have, lives, property, safety, skills . . . we fight, we die, for a simple thing. Only that a man can stand up.” James Otis speaks these words in Chapter VIII.