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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 wholly different from those provided for in the time of Charles II。 Even if they had not been so； the epoch and the manner of King Charles had passed away。 Neither could the Writs be justified by inferences and constructions deduced from any previous statutes of Parliament。
Besides； such odious Writs could never be enforced。 They could never be enforced in the City of the Pilgrims。 If the King of England should himself encamp with twenty thousand soldiers on the Common of Boston； he could not enforce such laws。 He assailed the sugar tax with unmeasured invective。 And over and above all； this despotic legislation was in direct conflict with the Charter of Massachusetts。
Here the orator broke forth in his most impassioned strain declaring that the British King； the British Parliament and the British nation； were all guilty of ingratitude and oppression in attempting to impose tyrannical enactment on the people of America。 Thus he concluded his argument appeal。
Those who heard the oration were convulsed with excitement。 The King's party was enraged。 The patriots were inspired and defiant。 It was in every respect a critical and a historic hour。
What would the court do with the case？ The action of that body was obscure and double。 There seems to have been a disposition of the Associate Judges to decide for the counter…petitioners； but Chief Justice Hutchinson induced them to assent to his policy of withholding a decision。 He accordingly announced that the court would decide the case at the ensuing session。 He then wrote to the home government； and the records show that the decision was rendered for the petitioners。 That is； for the Custom House officials； and in favor of the Writs。
The Chief Justice is also on record to the effect that he continued to issue the Writs； but if so； no officer of the king ever dared to present one of them in Boston！ The famous （and infamous） Writs of Assistance were as dead as the mummies of Egypt。
It is from this point of view that the character and work of James Otis appear to the greatest historical advantage。 There can be no doubt that his was the living voice which called to resistance； first Boston； then Massachusetts； then New England and then the world！ For ultimately the world heard the sound thereof and was glad。 The American Colonies resisted； and at length won their independence。 The sparks fell in France； and the jets of flame ran together in a conflagration the light of which was seen over Europe； and if over Europe； then over the world。 The Pre…revolutionist had cried out and mankind heard him。 Resistance to tyranny became obedience to God。
We shall here sketch rapidly and briefly the unsteady way and unfortunate decline of James Otis down to the time of the eclipse of his intellect and his tragic death。
Three months after he had； according to John Adams； 〃breathed into the nation the breath of life；〃 he was chosen to represent Boston in the legislature of the Commonwealth。 All of his colleagues were patriots。 Boston was in that mood。
There runs a story that when he was entering upon his duties he was counselled by a friend to curb his impetuosity and to gain leadership by the mastery of selfadvice most salutary to one of his temperament。 But it was much like advising General Putnam to be calm at Bunker Hill！ Otis promised； however； that if his friends would warn him when his temperature was rising； he would command himself。
It is also narrated that his friends did attempt to pluck him by the coat； but he turned upon them demanding to know if he was a school boy to be called down！
At this time the relations between Governor Bernard and the Legislature were greatly strained。 Otis rather increased the tension。 A question arose about a financial measure whereby gold was to be exported and silver money retained as the currency of the colonythe former at less than its nominal valuein a manner to juggle the people into paying their obligations twice over。 The argument became hot and the Council taking the side of the administration was opposed by the legislative assembly。
Chief Justice Hutchinson and James Otis got into a controversy which was bitter enough； and which may be illustrated with the following letter which James Otis addressed to the printer of a newspaper：
〃Perhaps I should not have troubled you or the public with any thoughts of mine； had not his Honor the Lieutenant…Governor condescended to give me a personal challenge。 This is an honor that I never had vanity enough to aspire after； and I shall ever respect Mr。 Hutchinson for it so long as I live； as he certainly consulted my reputation more than his own when he bestowed it。 A general officer in the army would be thought very condescending to accept； much more to give； a challenge to a subaltern。 The honor of entering the lists with a gentleman so much one's superior in one view is certainly tempting； it is at least possible that his Honor may lose much； but from those who have and desire but little； but little can possibly be taken away。
〃I am your humble servant； 〃JAMES OTIS； JR。〃
This controversy continued for some time； and it is thought that to it must be attributed much of the animosity displayed by the Chief Justice towards Otis in the 〃History of Massachusetts Bay。〃
Mr。 Otis continued his aggressive policy in the session of the assembly held in 1762。 It was at this session that the government in the hope of getting a sum of money adopted the ruse of creating an alarm relative to a French invasion of Newfoundland。 But the patriots would have none of it。 They went so far as to say that if arbitrary government was to be established in America； it made no difference whether the Americans should have King Stork or King Log。 To this effect ran a resolution offered by James Otis：
〃No necessity can be sufficient to justify a House of Representatives in giving up such a privilege； for it would be of little consequence to the people； whether they were subject to George or Louis； the King of Great Britain or the French King； if both were arbitrary； as both would be； if both could levy taxes without Parliament。〃
It is said that when this resolution was offered a loyalist member cried out in the Virginian manner； 〃Treason； treason。〃 It was in this way that Mr。 Otis gained the undying enmity of the King's party in America。
It was in the period following his legislative service that James Otis prepared his powerful pamphlet entitled 〃A Vindication of the Conduct of the House of Representatives of the Province of the Massachusetts Bay。〃 In this work he traverses and justifies the course pursued by the patriot legislature during the sessions of his attendance。
Great was the joy of the American Colonies at the conclusion of the French and Indian War。 The Treaty of Paris in February of 1763 conceded Canada to Great Britain and insured the predominance of English institutions in the New World。
The animosities of the Americans towards the mother country rapidly subsided。 Meetings were held in the principal towns to ratify the peace。 At the jubilee in Boston； James Otis presided。
He made on the occasion one of his notable addresses。 He referred with enthusiasm to the 〃expulsion of the heathen〃 meaning the French； and then expressed sentiments of strong affection for Great Britain and appreciation of the filial relations of the American Colonies to her。
In these utterances Otis reflected the sentiment of the Bostonians and of the whole people。 The General Assembly of Massachusetts took up the theme and passed resolutions of gratitude and loyalty。 At this particular juncture the Americans did not anticipate what was soon to follow。
The English Ministry was already preparing a scheme for the raising of revenue in America： The question of the right of taxation suddenly obtruded itself。 The Americans claimed the right as Englishmen to tax themselves。 The English ministers replied that Parliament； and not the Colonial Assemblies； was the proper body to vote taxes in any and all parts of the British Empire。 The Americans replied that they were not represented in Parliament。 Parliament replied that many of the towns； shires； and boroughs in England were not represented。 If they were not represented； they ought to be； said the Americans；and thus the case was made up。
By the beginning of 1764 it was known that the Ministers had determined to make a rigorous enforcement of the Sugar Act。 Than this； nothing could be more odious to America。
In the spring of the year just named； the citizens of Boston held a great meeting to protest against the impending policy of the crown。 As a member of the Assembly and as chairman of a committee Mr。 Otis made a report which was ordered to be sent to the agent of the government along with the copy of Otis's recent pamphlet； 〃The Rights of the British Colonies asserted and proved。〃
At this time Lieutenant…Governor Hutchinson was about to become the representative of the Colony in its contention with the crow