詹’斯’奧蒂斯
(JAMES OTIS)
限’’’’扣’’’’
A Demand to Limit Search and Seizure
’個’’’’’’’’’堡’’’’’分’’’’’’堡裏’應當’’像’’’樣’’’’
詹’斯’奧蒂斯(1725－1783)’1750’’’’’’’’’’’生’’’’’’’成爲國’’’屬’’’’’’’’’’’’那’’國’’授’’關’Ⅸ’’’任’’’’裏’’走’’’’奧蒂斯不’監督執’’’’’’’辭掉職務’’’1761’2月’’’’論反對’’“’’’’”’由’那’’有反對’’’’’’’’據’奧蒂斯雄’’堅’說’’’’粗暴’踐踏’’民’’由’當’’僅’’五歲’’翰’’當斯參’’’個’’’
’’’’’’’’奧蒂斯’“’團’’’’’’國’立’’’那個’方’那個’候誕生’’’國’’’雄’種’’’’那個’方’那個’候播’’’反對’不’’’橫’’’’’’第’個’動’’’那個’方’那個’候’生’”’雖’奧蒂斯敗’’’’’國’’’’’“’’’’”’
’’’件之’’奧蒂斯成’’個’’’’’’動’’奧蒂斯’1761’5月’選’馬薩諸塞’議’’’’1776’’選’議’’’而該’’’’督’’撓選擇’’議’’’’’’裏’’’’講’文章’殖民’’’’傳’’’話’’’引用’’’國議’’’’’’’’譴’’“’’而不准選’’’’暴’’”’’話’’’’’’講’’1769’’’個’國’’’奧蒂斯’部’擊’’’’’’’精’’’奧蒂斯’職’生’’’樣’’中止’’
閣’’本’’’’’’’’我’’’’’’’’考’’’’’’們面’’關’“’’’’”’問’’我’’據’’’’考’’’個問’’’’’’不僅’’’’們’’’’而’’’’本’’民’’們考’’’’個問’’允’’’限’’提’’’申’’我’借’機’’’’不論’收’還’不收’’(’’’’樣’樁’’’中’我’不’收’’’)我’’’’’’’賦予我’’切’’’’’’’方面反對’切’樣’’’奴’’文件’’’方面反對像’個“’’’’”’樣’’’’’’
’我’’’’’’’本’國’’檔’裏’’找’’’’’’’’’最’’文件’’’對’國’由’’’’本原’’最’重’’’’’’’我’請’閣’不僅’’心’’聽完’部’’論’’’’個’論’’’’’情’’’’眾不’’’’’’’’’’’那’’細’’不’’’’學’’’’’樣’我’’圖’整個傾’’’’’’’’’解’結論’’’’’’’’而’’’’’’’’’’’覺’’’’樁’’’中我’不’
’我個’’’’’’’’爲我’爲原’而參’’樁’’’’我’’懇請’爲’’’’’’爲本’’’’’由’我不’’麽做’我’’’控犯’擅離職’’’對’’項’控’我’’’’個’’’分’答覆’我’’’絕那個職務’’’’樣’原’’我’爲’’’’’我’’極’’樂趣’爲’’’’’’’爲’’’支援’國’’由’我曾聽’’’最偉’’’’’’說’’爲不’’’’’’’’對’’說’’’民’基本民’比’’’最’’’’’’’’’’’而’還’爲’’’反對’種’’’’’’’歷’裏’’’’種’’曾’’個國’丟’腦’’’’個丟’’’’’
閣’’’關’’’’’職’’’老’’裏找’’’’嫌’’’’’’’證’’’’’’’’’’’’裏’’’’找’’’’間’’’’’’’’’’’’’’’’’’’’而’由原’’’’’’疑’’’’’藏’’間’裏’閣’’’’’’’’’有’’’’’’’’’’’’樣’’我完’’’’’’申’’中’’’請’’’’
’’’由’’’’’’’’’’不’’’’’’’’’’個’’’由都交給’個’’’’授’證’’我’’’’’’’’方’’“’’’’”’’’’’授予’’’’’’’我’不’爲’’請’’’’’個’’’’授予’’’’’我轉而’論議’’’’’之’’我請’允’我’’’’本身談’’’’’首’’’個’’’’用’任’情’’’’爲’’’給“’’個’’’’’’’巡警’’有’’警’’百’”’’’’’簡單’說’’’’給’’之中’’個’民’’有’’個’’’’’個’都’’成爲暴’’’’’個授’’成爲’’’那麽’個暴’’’’用’’’方式’’’管轄’區域內控’’監’’殺’任’’’’次’’個’’’永’’’不必’還’’’’個’不必爲’做’’對任’’’’’’個’都’’’’’方’成爲’’暴’’’’’圍’’’’’’’’’’天’’’喇’’’’’魂裏’’不’’’情爲止’第’’有’’個’’’’個’’’’’天化日之’’’’’任’商’’’’等’’’’’有’’’’’’’第’’’據’個’’’不僅副警’等’’’’’們’奴’都’’’’我們’’’’’福’除’讓我們’’’疑’’’’’’’’’成爲僕’’僕’’成爲’’’’中最’’’’’之’’’’算什麽’?’國’由’最重’’’部分’’’個’’’’’’由’’個’’’’’’’’’堡’’’’’分’’’’’’’’’堡裏’應當’’像’’’樣’’’’’個’’’’’’爲’’’’完’’’’種’’’’關’Ⅸ’’’們高興’’’’’我們’’’’我們’’’’允’’們’’’’們’奴’’’’’’’’’’打掉鎖’’欄’打掉’切妨礙’們’’’’不管’們’’’’’’’報’’’有’’’’有任’’’’對’’’調’’’有’’僅有’疑’夠’’’種不’’任’’’’個’’’’爲不’我’腦’熱憑’’’’’’’我’’’’實’’皮尤’生有’樣’個’’’韋爾’生接’職務’’’’’’’’批轉給韋爾’生’’’’’個’’’’轉讓’’’’’’個’Ⅸ手裏轉’’’個’Ⅸ手裏’’樣’閣’’’有機’’’’’’’授予’麽’’’’’’還有’個’’’’’’’’曾’’巡警把’’’個韋爾’生’’’面’’’答關’’反’’’日’’’’問’’’’
污言’’’問’’結’’’韋爾’生’問’’’完’’’’答’“’’’”韋爾’生說’“’’’那麽我’’’顯示我’’’’’’我’’讓我’’’’’’’’找未報關’’’’”而’接著’’閣樓’’’’’’’’’’樣’方式對那個巡警’’’’’’’’’’’’’個’’’’’’Ｔ之’’我堅’’’’’’’個’’’’立’’據’’’’第’’條’’’個’都應當’’關’Ⅸ有’樣’’’’’’’’文’應當’’樣’“’對’授’’任’’’’們都’’’’’”等等’’’’成’個什麽景’’’個’’’’’報
’’心情不’’’’橫任’’’’’’裏’’’都’’’’“’’’’”’’’’’’’衛’’’’’’’“’’’’”’’個’’’’’’’’’’個’’’’’’’’’’’陷’騷亂’’’之中’’
A Demand to Limit Search and Seizure
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 order,
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 opportunity to declare that, whether under a fee or not (for in such a
cause as this 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
lawbook. 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
as to points of learning that are more remote and unusual: that the whole
tendency of my design may the more easily be perceived, the conclusions better
descend, 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 renounced that office, and I argue this cause from the same principle;
and I argue it with the greater pleasure, as 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 prerogatives of his crown; and as it is in
opposition to a kind of power the exercise of which, in former periods of
history, cost one king of England his head and another his throne. . . .
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. Everyone 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? Mow, 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. Customhouse 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 indorsed 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 that every person, by the 14th of
Charles II, has this power as well as the customhouse 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-defense; one arbitrary exertion will provoke another,
until society be involved in tumult and in blood....
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