American Eloquence, Volume I | Page 5

compromise, it was necessary to insert
a guarantee of the slave trade for twenty years, and a provision that three fifths of the
slaves should be counted in estimating the population for State representation in Congress.
But these provisions, so far as we can judge from the debates of the time, had no
influence against the ratification of the Constitution; the struggle turned on the
differences between the national leaders, aided by the satisfied small States, on one side,
and the leaders of the State party, aided by the dissatisfied States, large and small, on the
other. The former, the Federalists, were successful, though by very narrow majorities in
several of the States. Washington was unanimously elected the first President of the
Republic; and the new government was inaugurated at New York, March 4, 1789.
The speech of Henry in the Virginia House of Delegates has been chosen as perhaps the
best representative of the spirit which impelled and guided the American Revolution. It is
fortunate that the ablest of the national leaders was placed in the very focus of opposition
to the Constitution, so that we may take Hamilton's argument in the New York
convention and Madison's in the Virginia convention, as the most carefully stated
conclusions of the master-minds of the National party.

JAMES OTIS
OF MASSACHUSETTS. (BORN 1725, DIED 1783.)
ON THE WRITS OF ASSISTANCE--BEFORE THE SUPERIOR COURT OF
MASSACHUSETTS, FEBRUARY, 1761.
MAY 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 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 villainy 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 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 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