Colonial America Writs of Assistance
Writs of assistance were court orders that authorized customs officers to conduct general (non-specific) searches of premises for contraband. The exact nature of the materials being sought did not have to be detailed, nor did their locations. The writs were first introduced in Massachusetts in 1751 to strictly enforce the Acts of Trade, the governing rules for commerce in the British Empire. Merchants in much of New England were skillful at evading the system and many had become masters of smuggling. The powerful new court orders enabled officials to inspect not only shops and warehouses, but also private homes. It quickly became apparent to many colonists that their homes were no longer their castles. In 1761, James Otis represented Boston merchants in their challenge to the renewal of the writs. He failed to convince the court, but gained public prominence in arguing that the writs violated the colonists’ natural rights. The writs of assistance again drew public attention with the enforcement of the Townshend Duties in 1767. Courts continued to uphold the constitutionality of the orders into the 1770s, but as time passed and popular passions heated, few officials had the courage to use them. The writs were one of a list of grievances that the Americans harbored against the Crown and contributed to the process of changing loyal colonists into advocates for independence.
See chronology of the American Revolution.
Off-site search results for "Writs of Assistance"... James Otis on The Writs of Assistance February, 1761 I say, 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 iWrits 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 ... http://www.history1700s.com/page1795.shtml
SparkNotes: Pre-Revolutionary America (1763-1776): The Writs of Assistance Writs of assistance were documents which served as a general search warrant, allowing customs officials to enter any ship or building that they suspected for any reason might hold smuggled goods. Writs of assistance proved an immWrits of assistance were documents which served as a general search warrant, allowing customs officials to enter any ship or building that they suspected for any reason might hold smuggled goods. Writs of assistance proved an immWrits of assistance proved an immediately useful ... http://www.sparknotes.com/history/american/prerevolution/section3.rhtm ...
American Revolution - In Opposition to Writs of Assistance by James Otis (1725-1783) February, 1761 I say 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 iwrits 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 ... http://www.americanrevolution.com/InOppositiontoWritsofAssistance.htm
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