Quincy, July 9, 1818.
DEAR SIR,
IN the search for something, in the history and statutes of England, in any degree resembling this monstrum horrendum ingens, the writ of assistance, the following examples were found.
In the statute of the first year of king James the second, chapter third, "An act for granting to his majesty an imposition upon all wines and vinegar," &c. Section 8, it is enacted, "That the officers of his majesty's customs &c. shall have power and authority to enter on board ships and vessels and make searches, and to do all other matters and things, which may tend to secure the true payment of the duties by this act imposed, and the due and orderly collection thereof, which any customers, collectors or other officers of any of his majesty's ports can or may do, touching the securing his majesty's customs of tonnage and poundage," &c. &c. &c. I must refer to the statute for the rest.
In the statute of king James the second, chapter four, "An act for granting to his majesty an imposition upon all tobacco and sugar imported," &c. Section fifth, in certain cases, "The commissioners may appoint one or more officer or officers to enter into all the cellars, warehouses, store cellars, or other places whatsoever, belonging to such importer, to search, see and try," &c. &c. &c. I must again refer to the statute for the rest, which is indeed nothing to the present purpose.
Though the portraits of Charles the second and James the second were blazing before his eyes, their characters and reigns were sufficiently odious to all but the conspirators against human liberty, to excite the highest applauses of Otis's philippics against them and all the foregoing acts of their reigns, which writs of assistance were now intended to enforce. Otis asserted and proved, that none of these statutes extended to America, or were obligatory here by any rule of law, ever acknowledged here, or ever before pretended in England.
Another species of statutes were introduced by the counsel for the crown, which I shall state as they occur to me without any regard to the order of time. 1. of James the second, chapter 17. "An act for the revival and continuance of several acts of parliament therein mentioned," in which the tobacco law among others is revived and continued.
13th and 14th of Charles 2nd, chapter 13. "An act for prohibiting the importation of foreign bone-lace, cutwork, embroidery, fringe, band-strings, buttons and needle work." Pray sir, do not laugh! for something very serious comes in section third. "Be it further enacted, that for the preventing of the importing of the said manufactures as aforesaid, upon complaint and information given, to the justices of the peace or any or either of them within their respective counties, cities and towns corporate, at times reasonable, he or they are hereby authorized and required to issue forth his or their warrants to the constables of their respective counties, cities and towns, corporate, to enter and search for such manufactures in the shops being open, or warehouses and dwelling houses of such person or persons, as shall be suspected, to have any such foreign bone-laces, embroideries, cut-work, fringe, band-strings, buttons or needle work within their respective counties, cities, and towns corporate, and to seize the same, any act, statute or ordinance to the contrary thereof in any wise notwithstanding."
Another curious act was produced, to prove the legality of writs of assistance, though it was no more to the purpose than all the others. I mean the statute of the 12th of Charles the second, chapter third, "An act for the continuance of process and judicial proceedings continued." In which it is enacted, section first, "That no pleas, writs, bills, actions, suits, plaints, process, precepts, or other thing or things, &c. shall be in any wise continued," &c.
But I must refer to the act. I cannot transcribe. If any antiquarian should hereafter ever wish to review this period, he will see with compassion how such a genius as Otis was compelled to delve among the rubbish of such statutes, to defend the country against the gross sophistry of the crown and its officers.