James Otis

James Otis (February 5, 1725 – May 23, 1783) was a lawyer in colonial Massachusetts who was an early advocate of the political views that led to the American Revolution. The phrase "Taxation without Representation is Tyranny" is usually attributed to him, along with the phrase "If we are not represented, we are slaves".

Writs of Assistance

Otis began speaking and writing in support of liberty in a case involving the Writs of Assistance.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Before 1761 he had been the colony's Attorney General, and was asked to defend the Customs officer's request for a writ.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

When he examined the case, he decided that the government was on the wrong side. He resigned his post, and appeared at a trial in February on the other side of the issue. As was customary at the time, he spoke for several hours in an impassioned defense against the writs, claiming it was against natural law among other arguments.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Besides specific issues in the way these warants were handled, he spoke of the origin and nature of rights. He particularly emphasized the rights to "life, liberty, and property". We have a limited record of his statements, mainly from notes taken by John Adams, whom he profoundly affected.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Otis had become mentally unstable in his last years, some of this might have been the result of a fight in which he was hit on the head. Otis was struck and killed by lightning in 1783.

Related Topics:
Lightning - 1783

~ ~ ~ ~ ~ ~ ~ ~ ~ ~