James Otis Jr. was a Massachusetts lawyer who became a leading colonial political activist in the 1760s. His constitutional challenge to British governance of the colonies in the WRITS OF ASSISTANCE CASE in 1761 was one of the most important legal events leading to the American Revolution.
What was the writ of assistance in the Massachusetts case?
The Writs of Assistance case arose when James Paxton, a Massachusetts customs official, applied to the superior court for a writ of assistance. JAMES OTIS JR., advocate general for the colony of Massachusetts, resigned his post to represent the merchants who opposed the writ.
Can the Massachusetts Superior Court deny Paxton's application for a writ?
In response to these arguments, lawyers for the government asserted that the Massachusetts Superior Court possessed no discretion to deny Paxton's application for the writ. Parliament had granted the English Court of Exchequer the power to issue the writ in Great Britain and authorized customs officials to apply for the writ in America.
How did the writs of assistance shape the form of natural law?
Finally, the Writs of Assistance case helped shape the form of natural law in the United States. Some people believe in natural law, a body of unwritten principles derived from religion, morality, and secular philosophy. In certain instances natural law is said to transcend the written rules and regulations that are enacted by government.
Who issued the writ of writs in the United States?
Parliament had granted the English Court of Exchequer the power to issue the writ in Great Britain and authorized customs officials to apply for the writ in America. Parliament also gave the Massachusetts Superior Court the same powers as the English Court of Exchequer.
Who is the Massachusetts lawyer that argued 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.
Who wrote the writs of assistance?
James Otis"James Otis and the Writs of Assistance". New England Quarterly 30 (1957): 496–508.
Who was involved in 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.
What is James Otis known for?
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.
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.
What is the writs of assistance James Otis?
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 are writs of assistance quizlet?
A writ of assistance was a written order by court to a law enforcement official. Note: a writ of assistance is a concept, not one single writ. Writs of assistance contributed to the growing tensions that inevitably led to the American Revolution.
How did the colonists respond to the writs of assistance?
The Colonists were frustrated at the lack of documentation surrounding the Writs of Assistance. They were also angry at the little control that they held over the use of the writs. The Colonists perceived the use of the Writs of Assistance as one where British power was synonymous with Colonial disrespect.
How did Patrick Henry protest the Stamp Act?
Patrick Henry responded to the Stamp Act with a series of resolutions introduced to the Virginia legislature in a speech. The resolves, adopted by the Virginia legislature, were soon published in other colonies, and helped to articulate America's stance against taxation without representation under the British Crown.
What is John Dickinson known for?
He represented Pennsylvania in the Stamp Act Congress (1765) and drafted its declaration of rights and grievances. He won fame in 1767–68 as the author of Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies, which appeared in many colonial newspapers.
What did John Hancock do in the Stamp Act?
John Hancock (1737-1793) Hancock joined the resistance to the Stamp Act by participating in the boycott of British goods. His relationship with Samuel Adams benefited his political career. He became the president of the Second Continental Congress and a founding father of the United States.
What did Paul Revere do?
Paul Revere was an American silversmith and a patriot in the American Revolution. He is most famous for alerting Colonial militia of British invasion before the Battles of Lexington and Concord.
What was the controversy over the writs of assistance?
The controversy resurfaced in 1767 when the Townshend Revenue Act authorized writs of assistance. Under the act, customs officers prepared the writs themselves and requested the attorney general in each colony to secure these writs from the superior court. This action made writs of assistance an issue in the superior court of every American province. Many judges objected to the form of the writs and questioned their constitutionality. In most courts, the issue dragged through 1772. This delay resulted in a direct refusal by most colonial courts, although many judges offered to issue writs of assistance in particular cases "as directed by law." Finally, in 1772, the customs officers reported that they had secured writs in East Florida, West Florida, South Carolina, Bahama, Bermuda, New Hampshire, Nova Scotia, and Quebec. Because the controversy over the writs of assistance surfaced in the superior court of every Anglo-American colony, it became a common grievance that merited attention in the Declaration of Independence.
What was the purpose of the Writs of Assistance?
The Writs of Assistance case involved a legal dispute during 1761 in which 63 Boston merchants petitioned the Massachusetts Superior Court to challenge the legality of a particular type of search warrant called a writ of assistance. Also known as Paxton's Case, the Writs of Assistance case contributed to the Founding Fathers' original understanding of search and seizure law, planted the seeds of judicial review in the United States, and helped shape the U.S. concept of natural law.
What did Otis argue in his argument?
Otis. The courtroom was crowded when the court met to hear the arguments. The lawyer for the Crown presented a quiet argument in favor of the issuance of the writ, based on the relevant points of law. When Otis rose to argue in opposition, he ignored the narrow points of law and embarked upon a four-hour oration, arguing that the writ was against the fundamental principles of English law and that such an act of Parliament was illegal. The obligation of the court in such instances, according to Otis, was to declare such laws to be void. Otis argued passionately that there was a body of fundamental law that was above Parliament: “ Every man, merely natural, was an independent sovereign, subject to no law but the law written on his heart and revealed to him by his Maker . . . . His right to his life, his liberty, no created being could rightfully contest. Nor was his right to his property less contestable. ” As for a writ of assistance, Otis stated: “ I will to my dying day oppose . . . all such instruments of slavery... and villainy . . . . And as it is in opposition to a kind of power . . . which in former periods of English history cost one King of England his head and another his throne, I have taken more pains in this cause than ever I will take again. ” The chief justice declared that he could see no foundation for granting the writ but deferred his decision until he could study the English practice on the subject. What he learned was that in England, writs were routinely issued. In November 1761 he finally issued the requested writ.
What did Otis suggest in the Writs of Assistance case?
In the United States, Otis suggested in the Writs of Assistance case, legislative acts that contravene the Constitution must be struck down by courts of law. Finally, the Writs of Assistance case helped shape the form of natural law in the United States.
Why did Otis challenge the writ?
Third, Otis challenged the writ applications for lack of specificity. A lawful writ application, Otis asserted, must identify the person, place, or thing to be searched. Under english law, customs officials were authorized to search for contraband in any house, shop, cellar, warehouse, room, or other place where uncustomed goods might be hidden. If colonial residents resisted, customs officials were authorized to break open doors, chests, trunks, and other packages that might lead to incriminating evidence. Because the duration of the writ was perpetual and could be executed at any time of the day or night, Otis said, the law failed to respect the sanctity of a person's home and private life.
What was the significance of the Paxton case?
Also known as Paxton's Case, the Writs of Assistance case contributed to the Founding Fathers' original understanding of search and seizure law, planted the seeds of judicial review in the United States, and helped shape the U.S. concept of natural law.
What was the purpose of the writs of assistance in the French and Indian War?
As the French and Indian War wound down, England moved to combat illegal trade. Merchants feared the crackdown would rely heavily on writs of assistance. Such writs had been issued in the past in the colonies, but they were seldom used. Writs of assistance were essentially general search warrants of tremendous scope.
Who wrote the Constitution of Massachusetts?
The 1780 Constitution of the Commonwealth of Massachusetts, drafted by John Adams, is the world's oldest functioning written constitution. It served as a model for the United States Constitution, which was written in 1787 and became effective in 1789.
Who was the patriot who was accused of the Boston Massacre?
Adams's decision to defend the accused was particular noteworthy as other patriots, including his cousin Samuel Adams and Paul Revere, who invoked what they now named the "Boston Massacre" to inflame anti-British sentiments. Captain Preston's trial was held first, from October 24-30, 1770.
What was John Adams' influence on the Constitution?
Among the most profound influences on the young John Adams was his witnessing attorney James Otis arguing the Writs of Assistance case in 1761.This case would influence Adams years later when, in drafting the Massachusetts Constitution, he included a strong prohibition against unreasonable searches and seizures.
What was John Adams' philosophy of government?
In a brief essay entitled Thoughts on Government written during the early spring of 1776, John Adams articulated the central points of his philosophy of government. In formulating his vision, Adams relied on his vast reading of enlightenment political theory (e.g., Locke's Two Treatises of Government and Montesquieu's The Spirit of the Laws) and his study of ancient and modern history (e.g., Ancient Athens and Sparta, Republican and Imperial Rome, English and European history), as well as his firm belief that history had presented him and the other colonists with an unmatched opportunity to form their own governments as free and independent states.
Why did John Adams defend Captain Preston?
Adams agreed. Though committed to freedom from British tyranny , he believed that those accused deserved a proper defense. Adams's decision to defend the accused was particular noteworthy as other patriots, including his cousin Samuel Adams and Paul Revere, who invoked what they now named the "Boston Massacre" to inflame anti-British sentiments.
What was the significance of the Boston Massacre?
The Boston Massacre Case. The Boston Massacre case demonstrates John Adams's deep and abiding respect for a legal system based on the rule of law. For in this case, John Adams was requested to - and did - defend British soldiers who had fired into a mob of unruly colonists.
When did Adams draft the Constitution?
Adams completed his draft by October 30, 1779. He left Massachusetts in November 1779 to return to Europe as minister plenipotentiary. Following approval by town meetings, the Constitution was ratified on June 15, 1780, and became effective on October 25, 1780.
Who was the British officer who led the soldiers involved in the Boston Massacre?
After the Boston Massacre in March, 1770, Paine conducted the criminal prosecution of Capta in Thomas Preston, the British officer who led the soldiers involved in the incident. Capt. Preston was successfully defended by his attorney, John Adams.
Who was the president of the Continental Congress who proposed the Declaration of Independence?
The Continental Congress selected Adams to serve on the “ Committee of Five ” chaired by Thomas Jefferson. The group was charged with drafting and proposing the text of the Declaration of Independence.
Who challenged the authority of the Massachusetts Superior Court to issue the writ?
First, Thacher challenged the authority of the Massachusetts Superior Court to issue the writ. Thacher conceded that Parliament had passed a law in 1662 granting the English Court of Exchequer the power to issue the writ in Great Britain and passed a second law in 1696 enabling customs officials to apply for the writ in America. However, Thacher argued that neither law specified which courts in America could issue the writ. Thus, Thacher said that the Massachusetts Superior Court was never expressly delegated authority to issue the writ.
Who affirmed the legality of the Writ of Assistance?
Chief Justice Hutchinson and his colleagues agreed with the lawyers for the government. They unanimously voted to grant Paxton 's application in this particular case and affirmed the legality of the writ across Massachusetts. Although Otis, Thacher, and their clients lost the case, they transformed the writ into a rallying cry of the American Revolution. Colonial opposition to the writ quickly evolved from civil disobedience to armed resistance. By 1769 many colonial courts had grown reluctant to issue the writ. This series of events prompted JOHN ADAMS to exclaim that the Writs of Assistance case gave birth to the "Child Independence!"
Why did Otis challenge the writ?
Third, Otis challenged the writ applications for lack of specificity. A lawful writ application, Otis asserted, must identify the person, place, or thing to be searched. Under ENGLISH LAW, customs officials were authorized to search for contraband in any house, shop, cellar, warehouse, room, or other place where uncustomed goods might be hidden. If colonial residents resisted, customs officials were authorized to break open doors, chests, trunks, and other packages that might lead to incriminating evidence. Because the duration of the writ was perpetual and could be executed at any time of the day or night, Otis said, the law failed to respect the sanctity of a person's home and private life.
What was the purpose of the Writs of Assistance?
The Writs of Assistance case involved a legal dispute during 1761 in which 63 Boston merchants petitioned the Massachusetts Superior Court to challenge the legality of a particular type of SEARCH WARRANT called a writ of assistance. Also known as Paxton's Case, the Writs of Assistance case contributed to the Founding Fathers' original understanding of SEARCH AND SEIZURE law, planted the seeds of JUDICIAL REVIEW in the United States, and helped shape the U.S. concept of NATURAL LAW.
What did Otis argue about the writ?
Second, Otis challenged the procedure by which the writs were issued. Otis argued that bare suspicion should not be enough to support an application for the writ. Otis maintained that no writ should be issued unless the official making the application is first placed under oath and made to disclose the evidence on which the application is based. Otis also suggested that every writ application should be carefully reviewed by an impartial third party and not the judges who had been appointed to the Massachusetts Superior Court. Those judges, Otis charged, were predisposed in favor of granting the writ.
What did the Writs of Assistance case help shape?
Finally, the Writs of Assistance case helped shape the form of natural law in the United States. Some people believe in natural law, a body of unwritten principles derived from religion, morality, and secular philosophy. In certain instances natural law is said to transcend the written rules and regulations that are enacted by government. During the Writs of Assistance case, Otis argued that the written laws of Parliament are limited by unwritten principles of reason and equity. The "constitution" to which Otis referred was itself an unwritten body of English common-law principles. (The United States Constitution was not ratified until 1787.)
When was the writ of assistance created?
Parliament created the writ of assistance during the seventeenth century. Once issued, the writ authorized government officials to look for contraband in private homes and businesses. Normally, the writ placed no limitations on the time, place, or manner of a given search. In the eighteenth century, customs officials in America used the writ to investigate colonial merchants who were suspected of SMUGGLING goods into the country. The writ generally commanded all constables, peace officers, and nearby subjects to help customs officials carry out a search.
What was the Writ of Assistance?
The reply was that the Writ of Assistance was the general standing warrant issued by the clerk of the Exchequer when applied for by a Customs Commissioner. Upon learning this, the court decided unanimously against the merchants.[25]
Why were Writs of Assistance important?
The use of Writs of Assistance for customs searches and seizures with the support of the Vice-Admiralty courts caused deep resentment in the colonies. They were significant issues for the colonists even before the Stamp Act was passed. They were at the beginning of the path of events and actions that led to revolution and independence. Sadly James Otis never lived long enough to see his argument become the basis for the 4thAmendment to the United States Constitution in 1787.
Why did the Admiralty Court take a back seat to the Common Law Court?
When this happened, the Vice-Admiralty courts took a back seat to the Common Law courts because of the Writ of Prohibition. If a defendant in an Admiralty proceeding appealed to the King’s Bench which possessed a considerable body of case law defining Vice-Admiralty jurisdiction for such a writ, and if the Bench agreed that a Common Law court properly had jurisdiction, a writ or directive was issued for the admiralty court to desist from adjudicating the case.[11] The common law courts also had jurisdiction over most maritime contracts because they were made on land. It is probable that some admiralty courts heard cases in the colonies which, if they had been presented in England, would have been subject to Writs of Prohibition.
How did the Vice Admiralty Court work?
Colonists, in a Vice-Admiralty Court, appeared before a judge who heard all evidence and testimony, and then handed down a ruling without a jury; civil rather than common law was employed; action could be taken in rem(against an object or thing) as well as in personam (against an individual) [10]; the defendant was assumed guilty until he proved himself innocent; if the defendant failed to show for his court date he was found automatically guilty; and formal opinions were not written. As a result, custom officials could choose whichever type of court they thought best suited their purposes.
What states were Vice Admiralty courts created in?
Source: Library of Congress. in 1697 [1]; Vice-Admiralty courts were created in Maryland (1694) , New York (which included Connecticut and New Jersey) and South Carolina (1697), Pennsylvania (which included Delaware) and Virginia (1698), ...
What were the two types of warrants used in the colonies?
Two types a warrants were used in the colonies: the common-law warrant that allowed an officer to search for stolen goods, and the general warrant that allowed an officer to engage in a wide-range of searches and seizures. A Writ of Assistance was a general warrant.
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 while 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.”. [23] He offered an alternative:
Quotes
In 1915, the President of the American Historical Association stated, \"If I were called upon to select a single fact or enterprise which more nearly than any other single thing embraced the significance of the American Revolution . . . I should choose the formation of the Massachusetts Constitution of 1780. . . .\" In Abigail's most famous letter, dated March 31, 1776, she writes to John of her desire …
Influences
- Among the most profound influences on the young John Adams was his witnessing attorney James Otis arguing the Writs of Assistance case in 1761.This case would influence Adams years later when, in drafting the Massachusetts Constitution, he included a strong prohibition against unreasonable searches and seizures. That provision ensures that articulated and established rules are followed before private property may be searched o…
Origin
- The Writs of Assistance case originated in 1760. Soon after George III ascended to the English throne, customs officials began aggressively to inspect ships, businesses, and homes for evidence of goods smuggled into Massachusetts by merchants seeking to avoid taxes. To conduct a search, customs officials needed only to obtain a \"writ of assistance,\" a general search warrant that allowed them to search within any identified premis…
Facts
- In February 1761, Otis represented a group of Massachusetts merchants who challenged the legality of the writs in a case brought before the Superior Court of Judicature. For five hours, Otis argued that the writs violated the inalienable rights of the colonists as British subjects: \"A man's house is his castle; and whilst he is quiet, he is as wel...
Significance
- The Boston Massacre case demonstrates John Adams's deep and abiding respect for a legal system based on the rule of law. For in this case, John Adams was requested to - and did - defend British soldiers who had fired into a mob of unruly colonists.
Prelude
- Events began on March 5, 1770, when tensions were high between the colonists and the armed British soldiers stationed in Boston. That evening, a dispute between a British sentry and a colonist led to the gathering of a disorderly crowd of colonists which, eventually, confronted Captain Thomas Preston and eight British soldiers.
Battle
- When the volatile crowd refused orders to disperse and threw objects at the soldiers, the soldiers shot into the crowd, killing five colonists, including Crispus Attucks. Captain Preston and the soldiers were arrested.
Results
- The following day, John Adams was asked to defend Captain Preston and the soldiers from anticipated indictments. Adams agreed. Though committed to freedom from British tyranny, he believed that those accused deserved a proper defense. Adams's decision to defend the accused was particular noteworthy as other patriots, including his cousin Samuel Adams and Paul Revere, who invoked what they now named the \"Boston Massacre…
Trial
- Captain Preston's trial was held first, from October 24-30, 1770. Adams's strategy was to challenge the prosecution's claim that Preston had ordered his soldiers to fire. Adams succeeded, and the jury acquitted Preston. The subsequent trial of the eight soldiers was transcribed and published. After calling over forty witnesses, Adams gave an \"electrifying\" closing argument in which he argued that the soldiers had acted in sel…
Criticism
- For his role in the trials, Adams received serious public criticism and lost a substantial portion of his law practice. Later, he would write:
Philosophy
- As reflected in observations of the Writs of Assistance case and his own role in the Boston Massacre trials, Adams had a passionate commitment to the rule of law and the right of all to fair proceedings. These passions would guide Adams as he developed and articulated his philosophy of a government based on laws not men. In a brief essay entitled Thoughts on Government written during the early spring of 1776, John Adams articulated th…
Background
- In 1777, the Massachusetts legislature announced that the next legislature would draft a new constitution which it would then submit to the voters for approval. (At this time, John Adams was serving as a diplomat to France; Congress had appointed him to solidify this crucial alliance.) In reaching its decision, the Massachusetts legislature failed to heed Adams's recommendation that constitutions ought to be drafted and ratified by specia…
Later career
- In August 1779, one week after he had returned from France to his home in Braintree, that town selected Adams as a delegate to the state constitutional convention, scheduled to meet on September 1.
Aftermath
- Following approval by town meetings, the Constitution was ratified on June 15, 1780, and became effective on October 25, 1780.
Structure
- The Massachusetts Constitution contains three parts: a Preamble, Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, and Part the Second: The Frame of Government.
Definition
- describes the \"body politic\" as a \"social compact\" whereby all agree to be governed by laws designed for the \"common good;\"
Mission
- provides that when government does not fulfill its obligations, \"the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness.\"
Content
- The Declaration of Rights, which was in part derived from the Bill of Rights in several other state constitutions, sets forth many individual rights which would later be included in the federal Bill of Rights. John Adams considered individual rights so integral to the formation of government that the Massachusetts Declaration of Rights precedes the Frame of Government. (Contrast this with the United States Constitution which sets forth a f…
Government
- The Frame of Government establishes a government of separate powers comprised of three branches: an executive, a bicameral legislature, and an independent judiciary. The structural framework adopted in Massachusetts is identical to that adopted in the United States Constitution.'
Marriage
- Throughout their fifty-four year marriage, Abigail Adams was her husband's most trusted advisor on the subjects of family, career, and politics. Because Adams's political life resulted in lengthy absences from his wife, they regularly communicated through letters. This massive collection of letters has made Abigail one of this nation's best known and most beloved women.
Other activities
- In addition to championing the cause of women, Abigail also championed freedom for slaves. On September 22, 1774, she wrote:
Controversy
- Years later, Abigail would support the right of an African-American child to attend school with white children. In 1797, Abigail enrolled a young African-American servant boy in a local school. When a neighbor reported objections, Abigail responded as follows, as recounted in her letter to her husband dated February 13, 1797:
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