ciary department. I only bring the instance to show that the pleasure of doing good and serving their country, and the respect such conduct entitles them to, are sufficient motives with some minds to give up a great portion of their time to the public, without the mean inducement of pecuniary satisfaction. Another instance is that of a respectable society who have made the experiment and practiced it with success now more than a hundred years. I mean the Quakers. It is an established rule with them that they are not to go to law, but in their controversies they must apply to their monthly, quarterly, and yearly meetings. Committees of these sit with patience to hear the parties, and spend much time in composing their differences. In doing this, they are supported by a sense of duty and the respect paid to usefulness. It is honorable to be so employed, but it was never made profitable by salaries, fees, or perquisites. And, indeed, in all cases of public service, the less the profit, the greater the honor. To bring the matter nearer home, have we not seen the greatest and most important of our offices, that of general of our armies, executed for eight years together, without the smallest salary, by a patriot whom I will not now offend by any other praise; and this, through fatigues and distresses, in common with the other brave men, his military friends and companions, and the constant anxieties peculiar to his station? And shall we doubt finding three or four men in all the United States with public spirit enough to bear sitting in peaceful council, for, perhaps, an equal term, merely to preside over our civil concerns, and see that our laws are duly executed? Sir, I have a better opinion of our country. I think we shall never be without a sufficient number of wise and good men to undertake and execute well and faithfully the office in question. Sir, the saving of the salaries, that may at first be proposed, is not an object with me. The subsequent mischiefs of proposing them are what I apprehend. And, therefore, it is that I move the amendment. If it be not seconded or accepted, I must be contented with the satisfaction of having delivered my opinion frankly and done my duty. OTIS JAMES AMES OTIS was born at Barnstable, Mass., in 1724. He graduated at Harvard in 1743, and subsequently was admitted to the bar. He had risen to eminence in his profession and was a law officer under the crown, when in 1760 an order in council was sent from England, directing the issue of writs of assistance which would authorize customs officers to enter any man's house on suspicion of the concealment of smuggled goods. Otis resigned his office and appeared for the people against the issue of the writs. His plea was so fervid in its eloquence that it was described as "a flame of fire." John Adams, who heard it, said that "American independence was then and there born." The orator was soon afterward chosen a representative from Boston to the colonial assembly, and he was re-elected to that post nearly every year during the active portion of his life. His influence at home in directing the movement of events which led to the Revolution was universally felt, and no American was so frequently quoted, denounced or applauded in Parliament, and the English press as the principal fomenter of the rebellious spirit of the colonies. In 1765 Massachusetts sent him as one of her representatives to the first Continental Congress. Four years later his public career was brought to a close. He was attacked in a coffee-house by a dozen Tories and received a blow upon the head from which he never recovered. He was killed by lightning in 1783. AGAINST "WRITS OF ASSISTANCE" SPEECH DELIVERED BEFORE THE SUPERIOR COURT IN BOSTON, M^ AY it please your honors, I was desired by one of the court to look into the books, and consider the question now before them concerning Writs of Assistance. I have, accordingly, considered it, and now ap pear 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 villany 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 law book. I must, therefore, beg your honors' 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 cause 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 greater pleasure, as it is in favor 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 throne. 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 the good citizen; 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 be then 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. Your honors 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, 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, for I beg leave to make some observations on the writ itself, before I proceed to other acts of Parliament. In |