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James Otis, the pre-revolutionist by John Clark Ridpath;Charles Keyser Edmunds;G. Mercer (Graeme Mercer) Adam
page 125 of 170 (73%)
even life, to the sacred calls of his country. These manly
sentiments, in private life, make good citizens; 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 meantime, I will proceed to the
subject of this writ.

In the first place, may it please your honours, I will admit that
writs of one kind may be legal; that is, special writs, directed
to special officers, and to search certain houses, etc.,
specially set forth in the writ, may be granted by the Court of
Exchequer at home, upon oath made before the Lord Treasurer by
the person who asks it, that he suspects such goods to be
concealed in those very places he desires to search. The Act of
14 Charles II., which Mr. Gridley[4] mentions, proves this. And
in this light the writ appears like a warrant from a Justice of
the Peace to search for stolen goods. Your honours 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 is illegal. It is a power that places the
liberty of every man in the hands of every petty officer. I say,
I admit that special Writs of Assistance, to search special
places, may be granted to certain persons on oath; but I deny
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