Dr. Tim Borchers Writings

James Otis, Jr. has been an obscure figure in the history of the United States. Today, he is recognized by political and legal scholars as being the inspiration behind the Fourth Amendment to the Constitution. Other jurists see him as the founder of jurisprudence. Historians view him as igniting one of the sparks of the American Revolution. These scholars all focus on a five-hour speech delivered by the Massachusetts politician, and former customs official, to the Superior Court in Boston in 1761. Scholars in public address have largely ignored Otis's influential address. Those who have studied Otis-many from other disciplines-have presented conflicting accounts of his speech and the rhetorical strategies he used. Scholars can not even agree on the date of the trial. This study synthesizes the extant research on Otis to argue he employed natural rights as a warrant for his arguments.