But they may depend upon it, their present systems of colonization cannot endure. Colonies universally, ardently breathe for independence. No man, who has a soul will ever live in a colony, under the present establishments, one moment longer than necessity compels him.
But I must return to Mr. Otis. The burthen of his song was "Writs of assistance." All these rigorous statutes were now to be carried into rigorous execution by the still more vigorous instruments of arbitrary power, "Writs of assistance."
Here arose a number of very important questions. What were writs of assistance? Where were they to be found? When, where, and by what authority had they been invented, created, and established? Nobody could answer any of these questions.—Neither chief justice Hutchinson, nor any one of his four associate judges, pretended to have ever read or seen in any book any such writ, or to know any thing about it. The court had ordered or requested the bar to search for precedents and authorities for it, but none were found. Otis pronounced boldly, that there were none, and neither judge nor lawyer, bench or bar, pretended to confute him. He asserted farther, that there was no colour of authority for it, but one produced by Mr. Gridley in a statute of the 13th and 14th of Charles the second, which Mr. Otis said was neither authority, precedent or colour of either, in America. Mr. Thatcher said he had diligently searched all the books, but could find no such writ. He had indeed found in Rastalls Entries, a thing which in some of its features resembling this, but so little like it in the whole, that it was not worth while to read it.
Mr. Gridley, who, no doubt, was furnished, upon this great and critical occasion, with all the information possessed by the governor, lieutenant governor, secretary, custom house officers, and all other crown officers, produced, the statute of the thirteenth and fourteenth of Charles the second, chapter eleventh, entitled, "An Act to prevent frauds, and regulating abuses in his majesty's customs." Section fifth, which I will quote verbatim. "And be it further enacted by the authority aforesaid, that in case, after the clearing of any ship or vessel, by the person or persons which are or shall be appointed by his majesty for managing the customs or any their deputies, and discharging the watchmen and tidesmen from attendance thereupon, there shall be found on board such ship or vessel, any goods, wares or merchandizes, which have been concealed from the knowledge of the said person or persons, which are or shall be so appointed to manage the customs, and for which the custom, subsidy and other duties due upon the importation thereof have not been paid; then the master, purser, or other person taking charge of said ship or vessel, shall forfeit the sum of one hundred pounds: and it shall be lawful, to or for any person or persons authorized by writ of assistance under the seal of his majesty's court of exchequer, to take a constable, headborough, or other public officer, inhabiting near unto the place, and in the day time to enter, and go into any house, shop, cellar, warehouse or room, or other place; and in case of resistance, to break open doors, chests, trunks, and other package, there to seize, and from thence to bring any kind of goods or merchandize whatsoever prohibited and uncustomed, and to put and secure the same, in his majesty's storehouse in the port, next to the place where such seizure shall be made."
Here is all the colour for "Writs of assistance," which the officers of the crown aided by the researches of their learned counsel, Mr. Gridley, could produce.
Where, exclaimed Otis, is your seal of his majesty's court of exchequer? And what has the court of exchequer to do here? But my sheet is full, and my patience exhausted for the present.
JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, June 24, 1818.