james otis the pre-revolutionist-第25章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
ctly in unison； Otis continued to give himself heart and soul to the cause he had so patriotically and zealously espoused。 Even when his malady showed itself； there were brief returns of useful activity and old…time mental alertness； only； however； to be followed by sad relapses into the eclipse…period of his powers。 At periods of respite from his ailment； Otis took part fitfully in his duties as member of the Massachusetts Legislature； of which body he had been Speaker； and did what he could to further the work of legislation。 He also at this time appeared once or twice as an advocate in Court； and also continued his correspondence in Committee of the General Assembly with prominent men in the other Colonies； seeking successfully cooperation with them in the great drama of the time。 But for the most part we now find him a considerately cared…for guest of his old…time friend； Colonel Samuel Osgood； at the latter's farmhouse at Andover。 Here the distinguished pre…Revolutionist had phenomenal premonitions of the coming manner of his death； related to his sister； Mrs。 Warren； to whom the patriot on more than one occasion said； that when God in his Providence should take him hence into the eternal world； he hoped it would be by a stroke of lightning！ This tragic fate was ere long to be his； for on the afternoon of May 23rd； 1783； when Otis was standing amid a family group at the door of the Osgood homestead at Andover； a bolt from the blue flashed down from aloft and felled the hero to the ground。 Death was instantaneous； and happily it left no mark or contortion on his body； while his features had the repose and placidity of seeming sleep。 Thus passed the hero from the scenes of earth； and in a sense fitly； for the period was that which saw the close of the drama of the Revolution he had been instrumental in bringing about； and the departure from the soil of the new…born Republic of the last of the English soldiery。
＇3＇Historian； Biographer； Essayist； Author of a 〃Precis of English History；〃 a 〃Continuation of Grecian History；〃 etc。； and for many years Editor of Self…Culture Magazine。The Publishers。
JAMES 0TIS ON THE WRITS 0F ASSISTANCE February； 1761。
May it please your Honours： I was desired by one of the court to look into the （law） books； and consider the question now before them concerning Writs of Assistance。 I have accordingly considered it； and now appear not only in obedience to your order； but likewise in behalf of the inhabitants of this town； who have presented another petition； and out of regard to the liberties of the subject。 And I take this opportunity to declare that whether under a fee or not （for in such a cause as this I despise a fee） 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 villainly on the other； as this Writ of Assistance is。
It appears to me the worst instrument of arbitrary power； the most destructive of English liberty and the fundamental principles of law that ever was found in an English lawbook。 I must therefore beg your Honours' patience and attention to the whole range of an argument that may perhaps appear uncommon in many things； as well as to points of learning that are more remote and unusual； that the whole tendency of my design may the more easily be perceived； the conclusions better descend； and the force of them be better felt。 I shall not think much of my pains in this cause； as I engaged in it from principle。 I was solicited to argue this case as Advocate…General； and； because I would not； I have been charged with desertion from my office。 To this charge I can give a very sufficient answer。 I renounced that office and I argue this cause from the same principle； and I argue it with the greatest pleasure； as it is in favour of British liberty； at a time when we hear the greatest monarch upon earth declaring from his throne that he glories in the name of Briton and that the privileges of his people are dearer to him than the most valuable prerogatives of his crown； and as it is in opposition to a kind of power； the exercise of which in former periods of history cost one king of England his head and another his crown； I have taken more pains in this cause than I ever will take again； although my engaging in this and another popular cause has raised much resentment。 But I think I can sincerely declare that I cheerfully submit myself to every odious name for conscience' sake； and from my soul I despise all those whose guilt； malice； or folly has made them my foes。 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。 These manly sentiments； in private life； make good citizens； in public life； the patriot and the hero。 I do not say that； when brought to the test； I shall be invincible。 I pray God I may never be brought to the melancholy trial； but if ever I should； it will then be known how far I can reduce to practice principles which I know to be founded in truth。 In the meantime； I will proceed to the subject of this writ。
In the first place； may it please your honours； I will admit that writs of one kind may be legal； that is； special writs； directed to special officers； and to search certain houses； etc。； specially set forth in the writ； may be granted by the Court of Exchequer at home； upon oath made before the Lord Treasurer by the person who asks it； that he suspects such goods to be concealed in those very places he desires to search。 The Act of 14 Charles II。； which Mr。 Gridley＇4＇ mentions； proves this。 And in this light the writ appears like a warrant from a Justice of the Peace to search for stolen goods。 Your honours will find in the old books concerning the office of a Justice of the Peace； precedents of general warrants to search suspected houses。 But in more modern books you will find only special warrants to search such and such houses； specially named； in which the complainant has before sworn that he suspects his goods are concealed； and will find it adjudged that special warrants only are legal。 In the same manner I rely on it； that the writ prayed for in this petition 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； for I beg leave to make some observations on the writ itself； before I proceed to other Acts of Parliament。 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 domains。 Every one with this writ may be a tyrant； if this commission be legal； a tyrant in a legal manner； also； may control； imprison； or murder any one within the realm。 In the next place； it is perpetual； there is no return。 A man is accountable to no person for his doings。 Every man may reign secure in his petty tyranny； and spread terror and desolation around him ＇until the trump of the Archangel shall excite different emotions in his soul＇。 In the third place； a person with this writ； in the daytime； may enter all houses； shops； etc。； at will； and command all to assist him。 Fourthly； by this writ not only deputies； etc。； but even their menial servants； are allowed to lord it over us。 ＇What is this but to have the curse of Canaan with a witness on us： t o be the servants of servants； the most despicable of God's creation？＇ Now 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。 Custom…house officers may enter our houses when they please； we are commanded to permit their entry。 Their menial servants may enter； may break locks； bars； and everything in their way； and whether
