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The thing to be done was the examination of any place and all places where contraband goods might be supposed to be lodged。 Whether there were evidence or no evidence； the case was the same。 The document was a writ of arbitrary search。
Any house； public or private； might be entered at any time； any closet or any cellar might be opened。 Neither the bridal chamber nor the room of the dead was sacred on the approach of any petty customs constable or deputy in whose hands a Writ of Assistance had been placed。 The antecedent proceedings required no affidavit or any other legal formality。 The object was to lay bare the whole privacy of a people on sheer suspicion of smuggling。
It could hardly be supposed that our fathers would tamely submit to such an odious and despotic procedure。 To have done so would have been to subscribe to a statute for their own enslavement。 Nor may we pass from the consideration of these writs and the resistance offered thereto by the patriots of all our colonies without noticing the un…English character of these laws。
Of a certainty Englishmen in whatever continent or island of this world would never tolerate such a tyrannical interference with their rights。 This was demonstrated not only in America； but in England also。
The issuance in England of just such illegal and arbitrary warrants was one of the causes that led to the tremendous agitation headed by John Wilkes。 The excitement in that controversy grew； and notwithstanding the repeated arrests of Wilkes and his expulsions from Parliament； his reelection was repeated as often； and his following increased until not only the ministry but the throne itself was shaken by the cry of 〃Wilkes and Liberty。〃 Nor did this well…timed ebullition of human rights subside until the arbitrary warrants were annulled by a decision of the King's Bench。
It was the trial of this issue in America that brought on the Revolution。 It was a great cause that had to be pleaded； and the occasion and the city and the man； were as great as the cause。 The parties to it were clearly defined； and were set in sharp antagonism。
On the one side were the king's officers in the province； headed by the governor。 This following included the officers of the customs in particular。 It also included the not inconsiderable class of American respectabilities who were feeble in American sentiments； and who belonged by nature and affiliation to the established order。 These were the loyalists； destined to be designated as Tories； and to become the bete noire of patriotism。
On the other side was a whole phalanx of the common peoplea phalanx bounded on the popular side by the outskirt of society and on the high…up side by the intellectual and philosophical patriots who were as pronounced as any for the cause of their country； and with better reason than the reason of the many。
The officers of the province elected by the home folks were all patriots； but the appointed officers of the crown were quite unanimous for the prerogative of the crown； holding severe measures should be taken with the resisting colonists； and in particular that the Writs of Assistance were good law and correct policy。
We should here note the particular play of the personal forces in the year 1760。 There were two notable deathsthe one notable in Massachusetts and the other in the world。 The first was that of Chief Justice Stephen Sewall of Massachusetts； and the other was that of His Majesty George II； the
〃Snuffy old drone from the German hive；〃
as he is described by the 〃Autocrat of the Breakfast Table。〃 The first was succeeded in office by Thomas Hutchinson； Lieutenant…Governor of the province under Sir Fraucis Bernard； who was appointed governor in this notable year 1760 as the successor of Thomas Pownall； who had succeeded Governor William Shirley。
Hutchinsonto use the adjective which John Adams was wont to apply to himself and other patriots to the manner bornwas a Massachusettensian。 He had sympathized with the people； but he now turned against them。 Before Judge Sewall went away it was said and believed that Governor Shirley had promised the place of Chief Justice； when the same should be vacant； to no other than Colonel James Otis of Barnstable； father of the subject of this sketch。
But Governor Bernard； Shirley's second successor in office； took another view of the matter and appointed Lieutenant…Governor Hutchinson to the high office of Chief Justice。
It was the belief and allegation of the King's party that this appointment and this disappointmentthe first of Hutchinson and the second of Colonel Otisbore heavily on all the Otises； and indeed converted them from royalism to patriotism。
Chief Justice Hutchinson himself is on record to this effect。 In his 〃History of Massachusetts；〃 speaking of his own appointment to the judicial office； he says：
〃The expected opposition ensued。 Both gentlemen （that is； Colonel Otis and James Otis； Jr。） had been friends to the government。 From this time they were at the head of every measure in opposition； not merely in those points which concerned the Governor in his administration； but in such as concerned the authority of Parliament； the opposition to which first began in this colony； and was moved and conducted by one of them； both in the Assembly and the town of Boston。 From so small a spark； a great fire seems to have been kindled。〃
The statement of a partisan； especially if he be a beneficiary； must be taken with the usual allowance of salt。
It may be that the patriotic trend of the Otises was intensified a little by a personal pique in the matter referred to。 But that either father or son was transferred from the king's party to the people's party by the failure of Colonel Otis to be appointed Chief Justice is not to be believed。 Other stories are to be dismissed in the same manner。
One slander prevalent about the Custom House ran to the effect that James Otis had declared that he would set the province on fire even if he had to perish in the flames。 The art of political lying was known even among our fathers。
Such was the situation of affairs when the sycophants of the foreign government in Boston undertook to enforce the Writs of Assistance。 They soon found that they needed more assistance to do it。 The banded merchants； and the patriots generally； said that the acts were illegal； and that they would not submit to the officers。 The governor and his subordinates and the custom…house retinue in particular； said that the writs were legal； and that they should be enforced。 The matter came to a clash and a trial。
The case as made up presented this question： Shall the persons employed in enforcing the Acts of Trade have the power to invoke generally the assistance of all the executive officers of the colony？
This issue was； in February of 1761； taken into court in the old Town House； afterwards the old State House； of Boston。 There were sitting the five Judges of the Superior Court of the province。 Chief Justice Hutchinson； still holding the office of Lieutenant…Governor； his membership in the Council； and his position of Judge of Probate； presided at the trial。 Perhaps there was never