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0；000 words。 Minot's report appears to have been derived from Adams' notes done into full form by an unknown writer； who probably put in here and there some rather florid paragraphs of his own。 At a subsequent period； Adams took up the subject and corrected Minot's report； giving the revised address to William Tudor； who used the same in his biography of James Otis。 From these sources we are able to present a fair abstract of what were the leading parts of Otis's speech。 In the beginning he said：
〃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 present another petition； and out of regard to the liberties of the subject。 And I take this liberty 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 was ever 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 case； 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 case； 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 it is in opposition to a kind of power； the exercise of which； in former periods of English history； cost one king of England his head； and another his throne。
〃I have taken more pains in this case than I ever will take again； although my engaging in this and another popular case 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 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。〃
After this introductory part we are obliged to fall back on the summary given by Mr。 Adams。 According to his report； Otis in the next place went into fundamentals and discussed the rights of man in a state of nature。 In this part； the argument ran in an analagous vein to that of Rousseau in the Contrat Social that is； man in the first place is a sovereign subject only to the higher laws revealed in his own conscience。 In this state he has a right to life； to liberty； to property。
Here the speaker fell into the manner of Jefferson in the opening paragraphs of the Declaration。 It is to be noted that Otis presented the truth absolutely； he including negroes in the common humanity to whom inalienable rights belong。
Mr。 Otis next took up the social compact； and showed that society is the individual enlarged and generalized。 This brought him to the question before the court； for the conflict now on was a struggle of society； endowed with inalienable rights； against arbitrary authority and its abusive exercise。
The abusive exercise was shown in the attempts to enforce the Acts of Trade。 Of this kind was the old Navigation Act； and of like character was the Importation Act。 It was to enforce these that the Writs of Assistance had been devised。 Mr。 Otis then continued：
〃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 in 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 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 dominions。 Every one； with this writ； may be a tyrant in a legal manner； and 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？ To be the servant 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 every thing in their way； and whether they break through malice or revenge； no man； no court； can inquire。 Bare suspicion； without oath； is sufficient。
〃This wanton exercise of this power is not a chimerical suggestion of a heated brain。 I will mention some facts。 Mr。 Pew had one of these writs； and； when Mr。 Ware succeeded him； he endorsed this writ over to Mr。 Ware； so that these writs are negotiable from one officer to another； and so your Honors have no opportunity of judging the persons to whom this vast power is delegated。 Another instance is this：
〃Mr。 Justice Walley had called this same Mr。 Ware before him； by a constable； to answer for a breach of the Sabbath…day acts； or that of profane swearing。 As soon as he had finished； Mr。 Ware asked him if he had done。 He replied； 'Yes。' 'Well； then；' said Mr。 Ware； 'I will show you a little of my power。 I command you to permit me to search your house for uncustomed goods；' and went on to search the house from the garret to the cellar； and then served the constable in the same manner。
〃But to show another absurdity in this writ； if it be established； I insist upon it； every person； by the 14th of Charles the Second； has this power； as well as the custom…house officers。 The words are； 'It shall be lawful for any person； or persons； authorized；' etc。 What a scene does this open。 Every man prompted by revenge； ill…humor； or wantonness； to inspect the inside of his neighbor's house； may get a Writ of Assistance。 Others will ask it from self…defence； one arbitrary exertion will provoke another； until society be involved in tumult and in blood。〃
This extract may serve to show the Demosthenic power of James Otis as an orator。 We cannot within our limits present many additional paragraphs from his great plea in the cause of his countrymen。
To the next division of his argument he confuted the position taken by Gridley with respect to the alleged legal precedents for the Writs of Assistance。 He showed that the writs were wholl