james otis the pre-revolutionist-第22节
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reaped by his country from the seeds of liberty he had planted in his day was such as might well cheer him in the period of mental darkness which fell upon him and regretfully clouded his closing years。 Nor was he； in his own era； without regard and honor among those who delighted in his splendid patriotism； in the days of his manly strength； mental as well as physical； and who held him in high esteem as a patriot orator and the staunchly loyal tribune of the New World peoples。 In these days of flaccid patriotism and moral declension in public life； his example may well stimulate and inspire。 In his wholehearted devotion to the hopes as well as to the interests of the Colonies most notable was the polemical fervor with which he espoused their cause and noble the stand he took for liberty and independence。
Like many men who have attained eminence in public life； James Otis was the victim in his day of detraction and envy。 A specially malignant slander was current with reference to him and his father at the period of the patriot's resigning his Crown post of Advocate…General。 The motive for throwing up his appointment and pleading the people's cause against the Writs of Assistance； it was at the time said； was the disappointment of the Otis family at the Chief…Justiceship； then vacant； going to Governor Hutchinson instead of to Colonel James Otis of Barnstable； father of our hero。 This aspersion of the fair name of the Otises as patriots and high…minded gentlemen； and the lying assertion that it was this disappointment that led the Otises； father and son； to abandon the Crown's side for that of the people； was cruelly false； and especially so as Hutchinson； who got the post； repeats the falsehood in his 〃History of Massachusetts〃 in explanation of the Otises turning their coats and becoming partisans of the popular cause。 Nothing could well be more unjust and untrue； for both men were of far too honorable a character and too ardently patriotic to justify the slander and give even the slightest color to the misrepresentation。 Were it necessary more emphatically to characterize the slander as false； one might confidently point to the happy relations of the Otises with the other patriots of the timeto men of the stamp of the two Adams statesmen； to Hancock； Randolph； Warren； and other leaders of the Revolutionary era； as well as to the contemporary repute and influence of both men in the heroic annals of the Colonial period。 The times were indeed trying and critical； and at the outset of the movement for independence and relief from the irritating aggressions of the Crown； the attitude； we may be sure； was closely watched and not over truthfully reported； of men of influence who took the patriot side and helped on the great cause which was afterwards to be gloriously and triumphantly crowned。
But we pass on to relate； in a few brief words； what remains yet to be told of James Otis's career； and of the pathetic declining days of the hero and his tragic end。 While mind and body were intact and working perfectly 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
