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" "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 whilst he is quiet, he is as well guarded as a prince in his castle. This writ, if it should be declared legal, would totally 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 everything in their way; and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient.
James Otis Jr. (February 5, 1725 – May 23, 1783) was a lawyer in colonial Massachusetts, a member of the Massachusetts provincial assembly, and an early advocate of the political views that led to the American Revolution.
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England may as well dam up the waters of the Nile, with bulrushes, as to fetter the step of freedom, more proud and firm in this youthful land, than where she treads the sequestered glens of Scotland, or couches herself among the magnificent mountains of Switzerland. Arbitrary principles, like those, against which we now contend, have cost one king of England his life, another, his crown — and they may yet cost a third his most flourishing colonies. We are two millions — one fifth fighting men. We are bold and vigorous, — and we call no man master. To the nation, from whom we are proud to derive our origin, we ever were, and we ever will be, ready to yield unforced assistance; but it must not, and it never can be extorted. Some have sneeringly asked, "Are the Americans too poor to pay a few pounds on stamped paper? No! America, thanks to God and herself, is rich. But the right to take ten pounds, implies the right to take a thousand; and what must be the wealth, that avarice, aided by power, cannot exhaust? True the spectre is now small; but the shadow he casts before him, is huge enough to darken all this fair land.
But to show another absurdity in this writ: if it should be established, I insist upon it every person, by the 14th Charles Second, has this power as well as the custom-house officers. The words are: "It shall be lawful for any person or persons authorized," etc. 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-defence; one arbitrary exertion will provoke another, until society be involved in tumult and in blood.
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