About the same time, and from the same principles and feelings, arose another important dispute. One of the Custom House officers petitioned the Supreme Court of Judicature, stating that they could not fully exercise their offices in such a manner as his Majesty's service, and the laws in such case required, and praying the court would grant writs of assistance to aid them in the execution of their duty, according to the usage of the Court of Exchequer in Great Britain. Mr. Gridley, as King's Attorney, maintained the legality of this writ, as well by the practice of the Exchequer, as by that of the Supreme Court of the province. The practice in England, he asserted, was supported by statutes 12th and 13th Charles II., and by 6th Anne, which continues all processes, and writs of assistance among the rest. The authority of the Supreme Court to grant this writ was founded upon the statute of 7th and 8th William III., which enacted, that all the officers for collecting and managing his Majesty's revenues, and inspecting the plantation trade in any of the provinces, should have the same powers, &c. as are provided for the officers of the revenue in England; as also to enter houses and warehouses to search for, and seize any such goods, and that the like assistance should be given to the said officers as is the custom in England.

Mr. Otis appeared for the inhabitants of Boston, who had presented a counter petition. As his speech discloses several curious facts, and presents a striking picture of the partisan zeal of the lawyers of that day, as well as a good specimen of the ability and eloquence of the Massachusetts bar, I insert copious extracts from what is reported in Minot

"MAY IT PLEASE YOUR HONORS,

I was desired by one of the Court to look into the books, and consider the question now before them, concerning writs of assistance. I have accordingly considered it, and now appear, not only in obedience to your orders, but likewise in behalf of the inhabitants of this town, who have presented another petition, and out of regard to the liberties of the subject. And I take this op portunity to declare, that whether under a fee or not (for in such a case I despise a fee), I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is.

"It appears to me the worst instrument of arbitrary power, the most destructive of English liberty, and the fundamental principles of law, that ever was found in an English law book. I must, therefore, beg your honors' patience and attention to the whole range of an argument that may perhaps appear uncommon in many things, as well to points of learning, that are more remote and unusual, that the whole tendency of my design may the more easily be perceived, the conclusion better descried, and the force of them be better felt. I shall not think much of my pains in this cause, as I engaged in it from principle. I was solicited to argue this cause as advocate-general; and because I would not, I have been charged with desertion from my office. To this charge I can give a very sufficient answer.

I renounce that office, and I argue this cause, from the same principle; and I argue it with the greater pleasure, because it is in favor of British liberty, at a 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 prerogative of his crown; and as it is in opposition to a kind of power, the exercise of which, in former periods of English 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 excitement. But I think I can sincerely declare, that I cheerfully submit myself to every odious name for conscience 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 ever I should, it will then be known how far I can reduce to practice principles which I know to be founded in truth. In the mean time, I will proceed to the subject of this writ.

"In the first place the writ is universal, being directed to all

and singular, the 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 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 arch-angel shall excite different emotions in his soul. In the third place, a person with this writ, in the day time, may enter all houses, shops, &c., at will, and command all to assist him. Fourthly, by this writ, not only deputies, &c., 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 creatures? 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 entirely annihilate this privilege. Custom House 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 every thing in their way, and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient.

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"This wanton exercise of this power is not a chemical 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 honors have no opportunity of judging the persons to whom this vast power delegated. Another instance is this; Mr. Justice Wally had called this same Mr. Ware before him by a constable, to answer for a breach of 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 his house from garret to cellar, and then served the constable in the same man

ner.

"But to show another absurdity in this writ, if it should be established, I insist upon it, every person, by the 14th Charles II., has this power as well as Custom House officers. The words

are: 'It shall be lawful for any person or persons authorized,' &c. 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 blood."

Notwithstanding these and many more arguments were enforced, with a zeal peculiar to the spirit of the occasion, and the manners of the pleaders, the writ of assistance was granted. In the midst of these disputes occurred the peace of 1763, which, though it produced a temporary calm, ultimately transferred hostilities from the confines to the very heart of the colonies

CHAPTER IV.

HISTORICAL SKETCH OF

EVENTS FROM 1763 TO THE REPEAL OF THE STAMP ACT IN 1766.

Reasoning of the English and the Colonists on the Subject of Raising a Revenue in America-Attacks on the English Clergy in Massachusetts and VirginiaPatrick Henry's Conduct-Navy Officers ordered to enforce the Laws of Trade Mr. Grenville's Plan of Taxation-Inter-colonial Trade stopped-Sugar Act passed-Clause authorizing Suits in Admiralty Courts-Theories of different Parties as to Power of Parliament to tax Colonies-Publications in Massachusetts, Rhode Island, Virginia, Maryland, and other Colonies against Taxation-Representation in Parliament abandoned-Conciliatory Act ineffectual -Arguments against the Measure-Speeches of Col. Barré and Patrick Henry -News of Stamp Act having passed is received-Effect of it at Boston and elsewhere-Riots in Boston, New York, and other Places-Non-importation Association-General Court recommends a Congress-Declaration of Rights -Congress assembles at New York, and appoints a Speaker-Change in the English Ministry-Repeal of the Stamp Act-Singular Form of Act of Indemnity passed by General Court.

THE common object the English and the Provincials had in view, which had hitherto cemented their union, having been obtained by the overthrow of the French power in America, they cordially congratulated each other on their success. Flushed with victory, both claimed a full share of the merit of the triumph, and of the sacrifice of life and treasure at which it was obtained; but their attention was soon withdrawn from their conquests to their own relative position and rights. Great Britain lamented over the enormous expense of the war, and argued that, having relieved the colonies of a formidable and relentless foe, and enlarged their boundaries, it was but reasonable they should contribute to the reduction of the national debt, so greatly increased in their defense, as well as defray, for the future, the cost of their own government.

To this it was answered, You have not extended our territory, but added to your own empire. Had it not been for your ambitious wars in which, as dependencies, we have been unhappily involved, we should have preserved a friendly relation with our Gallic neighbors, and sustained a most advantageous and profitable trade with them. We were powerful enough to resist