James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
be founded in truth. In the meantime, I will proceed to the
subject of this writ.
In the first place, may it please your honours, I will admit that
writs of one kind may be legal; that is, special writs, directed
to special officers, and to search certain houses, etc.,
specially set forth in the writ, may be granted by the Court of
Exchequer at home, upon oath made before the Lord Treasurer by
the person who asks it, that he suspects such goods to be
concealed in those very places he desires to search. The Act of
14 Charles II., which Mr. Gridley[4] mentions, proves this. And
in this light the writ appears like a warrant from a Justice of
the Peace to search for stolen goods. Your honours will find in
the old books concerning the office of a Justice of the Peace,
precedents of general warrants to search suspected houses. But
in more modern books you will find only special warrants to
search such and such houses, specially named, in which the
complainant has before sworn that he suspects his goods are
concealed; and will find it adjudged that special warrants only
are legal. In the same manner I rely on it, that the writ prayed
for in this petition is illegal. It is a power that places the
liberty of every man in the hands of every petty officer. 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
domains. Every one with this writ may be a tyrant; if this
commission be legal, a tyrant in a legal manner, also, 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: t o be the servants 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.
Public-domain text, read in full here on John Shaqi.
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