boston lawyer who opposed writs of assistance

by Jaren Zulauf 9 min read

James Otis

What are Otis’ arguments against writs of assistance?

This excerpt contains a summary of Otis’ arguments against writs of assistance: “I will to my dying day oppose, with all the powers and faculties God has given me, all such instruments of slavery on the one hand and villainy on the other as this Writ of Assistance is.

What is writ of assistance?

It is a power that places the liberty of every man in the hands of every petty officer. I say I admit that special Writs of Assistance, to search special places, may be granted to certain persons on oath. But I deny that the writ now prayed for can be granted…

Is the writ prayed for in this petition illegal?

The writ prayed for in this petition, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. I say I admit that special Writs of Assistance, to search special places, may be granted to certain persons on oath. But I deny that the writ now prayed for can be granted…

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Who was against the writs of assistance?

lawyer James OtisIn February 1761, Boston lawyer James Otis delivered a five hour speech that railed against the use of writs of assistance (general search warrants) in Massachusetts.

What did James Otis think of 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).

Who was James Otis and what did he argue?

James Otis, (born Feb. 5, 1725, West Barnstable, Mass. [U.S.]—died May 23, 1783, Andover, Mass.), American political activist during the period leading up to the American Revolution. He helped formulate the colonists' grievances against the British government in the 1760s.

What did James Otis do in the Boston Tea Party?

That day, as five red-robed judges—and a rapt, 25-year-old Adams—listened, Otis delivered a five-hour oration against the Writs of Assistance, sweeping warrants that allowed British customs officials to search any place, anytime, for evidence of smuggling.

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

OtisA 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.

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.

What did Patrick Henry do?

Patrick Henry served as Virginia's first governor (1776-1779) and sixth governor (1784-1786). In the aftermath of the Revolutionary War, Henry became an outspoken Anti-Federalist. Henry and other Anti-Federalists opposed the ratification of the 1787 United States Constitution, which created a strong federal government.

Did Otis own slaves?

it was the intriguingly strange James Otis whose intellectual originality brought the secular antislavery argument into sharper focus. Nevertheless, the Otis household continued to include slaves. I base that comment on John J. Waters's The Otis Family in Provincial and Revolutionary Massachusetts (1968):

What did Samuel Adams do?

A strong opponent of British taxation, Samuel Adams helped formulate resistance to the Stamp Act and played a vital role in organizing the Boston Tea Party. He was a second cousin of U.S. President John Adams, with whom he urged a final break from Great Britain, and a signee of the U.S. Declaration of Independence.

Did James Otis support slavery?

He Opposed Slavery. James Otis that year came out against slavery in the protest pamphlet Rights of the British Colonies. He wrote, “The colonists are by the law of nature free born, as indeed all men are, white or black.”

Is there still tea in the Boston Harbor?

The Beaver, Dartmouth, and Eleanor were moored at Griffin's Wharf in Boston. It is at this location where the December 16, 1773 destruction of the tea occurred. The original location of the Boston Tea Party no longer exists because of extensive landfills that destroyed the location.

Did the Boston Harbor taste like tea?

So no, while again, I don't know of anyone drinking the harbor to find out, there isn't any particular reason to believe that the harbor would especially taste like tea, as it would be far too diluted to make much of a change.

Who spoke against writs of assistance?

James Otis speaks against writs of assistance (1761) In February 1761, Boston lawyer James Otis delivered a five hour speech that railed against the use of writs of assistance (general search warrants) in Massachusetts.

What is the writ directed to?

In the first place, the writ is universal, being directed “to all and singular justices, sheriffs, constables, and all other officers and subjects”; so that, in short, it is directed to every subject in the King’s dominions.

What is the most important branch of English liberty?

One of the most 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. This writ, if it should be declared legal, would totally annihilate this privilege.

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