American Eloquence, Volume I | Page 6

this writ.
Your honors 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, being general, 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 that the writ now prayed for can be granted, for I beg leave to make some
observations on the writ itself, before I proceed to other acts of Parliament. In the first
place, the writ is universal, being directed "to all and singular 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 anyone 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 archangel shall excite different emotions in
his soul. In the third place, a person with this writ, in the daytime, may enter all houses,
shops, etc., at will, and command all to assist him. Fourthly, by this writ, not only
deputies, etc., 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 creation? 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.
This wanton exercise of this power is not a chimerical 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 is delegated. Another instance is this: Mr. Justice Walley had called this same
Mr. Ware before him, by a constable, to answer for a breach of the 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 the house from the garret to the cellar; and then served the constable in the same
manner! 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:

PATRICK HENRY
OF VIRGINIA. (BORN 1736, DIED 1799)
CONVENTION OF DELEGATES, MARCH 28, 1775
MR. PRESIDENT:
No man thinks more highly than I do of the patriotism, as well as abilities, of the very
worthy gentlemen who have just addressed the House. But different men often see the
same subject in different lights; and, therefore, I hope that it will not be thought
disrespectful to those gentlemen, if, entertaining as I do, opinions of a character very
opposite to theirs, I shall speak