James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
"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.
Public-domain text, read in full here on John Shaqi.
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