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