James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
Their menial
servants may enter, may break locks, bars, and everything 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 Honours 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, 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 garret to cellar; and then served the
constable in the same manner! But to show another absurdity in
this writ, if it should be established, I insist upon it every
person, by the 14 Charles II., has this power as well as the
Custom-house officers. The words are, "it shall be lawful for
any person or persons authorized, etc." What a scene does this
open! Every man prompted by revenge, ill-humor or wantonness to
inspect the inside of his neighbour's house, may get a Writ of
Assistance. Others will ask it from self defence; one arbitrary
exertion will provoke another, until society be involved in
tumult and in blood!
Public-domain text, read in full here on John Shaqi.
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