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it is in favor of British liberty, at the time when we hear the greatest monarch upon earth declaring from his throne that he glories in the name of Briton, and that the privileges of his people are dearer to him than the most valuable prerogatives of his crown; and as it is in opposition to a kind of power, the exercise of which, in former periods of history, cost one king of England his head and another his throne. I have taken more pains in this cause than I ever will take again, although my engaging in this and another popular cause has raised much resentment. But I think that I can sincerely declare that I cheerfully submit myself to every odious name for conscience's sake; and from my soul I despise all those whose guilt, malice, or folly has made them my foes. Let the consequences be what they will, I am determined to proceed. The only principles of public conduct that are worthy of a gentleman or a man are to sacrifice estate, ease, health, and applause, and even life, to the sacred calls of his country.

These manly sentiments, in private life, make the good citizen; in public life, the patriot and the hero. I do not say that when brought to the test I shall be invincible. I pray God I may never be brought to the melancholy trial; but if I ever should, it will be then. known how far I can reduce to practice principles which I know to be founded in truth. In the meantime I will

proceed to the subject of this writ.

Your honors 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, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. I say that 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.

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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; if this commission is 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; 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 while 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. Customhouse 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 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.

" and

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 kim, 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; went on to search the house from the garret to the 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 that every person, by the 14th of Charles II,5 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 neighbor's house, may get a writ of assistance. Others will ask it from self-defense; one arbitrary exertion will provoke another, until society be involved in tumult and in blood."

In a brief statement tell how British liberty, according to Otis, was threatened by the use of writs of assistance.

Discuss the principle "A man's house is his castle." Has it any recognition in modern law?

Was Otis's opposition to writs of assistance based chiefly on financial, constitutional, moral, religious, or other reasons?

Do you think that Otis was unnecessarily alarmed?

Do you think that Otis was considered disloyal by most Englishmen of his time who were familiar with his speech?

Do you think that Otis himself believed that he was acting the part of a loyal British subject when he delivered this speech? Do you think that in 1761 Otis seriously considered American (independence as a means of combating injustice such as resulted from the British use of writs of assistance?

How did Otis come to occupy so prominent a place in the history of American independence?

Discuss the persuasive value of Otis's detailed account of the 'operation of the writs.

AMERICAN TAXATION

January 14, 1766

THE fact that the British government had found it difficult to collect revenue from the colonies even though writs of assistance were used did not deter George III and his ministers from continuing to attempt to obtain money from America. Increased taxes on new sources of revenue were a necessity for the Empire.

The Seven Years War had increased the national debt to $700,000,000 and it had become necessary to maintain a great navy and large standing armies in both Europe and America. Inasmuch as a considerable portion of the annual budget was used to support troops to overawe the Indians and maintain the conquest of Canada it was thought reasonable by Grenville, the chancellor of the exchequer, that the colonies should share in the expense. Accordingly he proposed the Stamp Act, a measure designed to raise sufficient money to pay one-third of the annual cost of maintaining the army in America.

After the colonists had been given a year in which to consider the details of the measure, he met their agents and expressed a desire to alter the bill if he could make it more agreeable to their wishes. Benjamin Franklin said that the old constitutional method of asking the assemblies to grant funds was preferable to the system of involuntary contribution embodied in the Stamp Act. Grenville replied that in the past when

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