| editor Albert Bushnell Hart

“ The personal character of our present amiable sovereign makes us easy and happy that so great a power is lodged in such hands ; but the favourite has given too just cause for him to escape the general odium. The prerogative of the crown is to exert the constitutional powers entrusted to it in a way not of blind favour and partiality, but of wisdom and judgment. This is the spirit of our constitution. The people too have their prerogative, and I hope the fine words of Dryden will be engraven on our hearts :
Freedom is the English Subject's Prerogative. ”

“ 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 vain will such a minister, or the foul dregs of his power, the tools of corruption and despotism, preach up in the speech that spirit of concord, and that obedience to the laws, which is essential to good order. ”

“ A despotic minister will always endeavour to dazzle his prince with high-flown ideas of the prerogative and honour of the crown, which the minister will make a parade of firmly maintaining. I wish as much as any man in the kingdom to see the honour of the crown maintained in a manner truly becoming Royalty. ”

“ Writs in their nature are temporary things. When the purposes for which they are issued are answered, they exist no more ; but these live forever ; no one can be called to account. Thus reason and the constitution are both against this writ. ”

“ 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 any one 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. ”

“ Let the consequences be what they will, I am determined to proceed. The only principles of public conduct, that are worthy of a gentleman or a man, are to sacrifice estate, ease, health, and applause, and even life, to the sacred calls of his country. ”

“ And in this light the writ appears like a warrant from a Justice of the Peace to search for stolen goods. 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 you will find it adjudged that special warrants only are legal. ”

“ But to show another absurdity in this writ ; if it should be established, I insist upon it, every person by the 14 Charles II. has this power as well as custom-house officers. The words are, 'It shall be lawful for any person or persons authorized,' &c. 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. ”

“ I mean that every preferment given by the crown will be found still to be obtained by his enormous influence, and to be bestowed only on the creatures of the Scottish faction. The nation is still in the same deplorable state, while he governs, and can make the tools of his power pursue the same odious measures. ”

“ The negociations of the late inglorious peace and the excise, will haunt him wherever he goes, and the terrors of the just resentment which he must be sure to meet from a brave and insulted people, and which must finally crush him, will be for ever before his eyes. ”

“ In the third place, a person with this writ, in the daytime, may enter all houses, shops, &c. at will, and command all to assist him. Fourthly, by this writ not only deputies, &c., but even their menial servants, are allowed to lord it over us. 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 ”

“ Grenville called together the agents of the several colonies, and told them that he purposed to draw a revenue from America ; and to that end his intention was to levy a stamp duty on the colonies by act of Parliament in the ensuing session, of which he thought it fit that they should be immediately acquainted, that they might have time to consider ; and if any other duty equally productive would be more agreeable to them, they might let him know it. ”

“ But had this writ been in any book whatever, it would have been illegal. All precedents are under the control of the principles of law. Lord Talbot says it is better to observe these than any precedents, though in the House of Lords, the last resort of the subject. No Acts of Parliament can establish such a writ ; though it should be made in the very words of the petition, it would be void. An act against the constitution is void. ”

“ His want of application and aversion to business would be far less dangerous, was he eager in the pursuit of pleasure ; for the transition from pleasure to business is both shorter and easier than from a state of total inaction. ”

“ He has a kind of unhappiness in his temper, which, if it be not conquered before it has taken too deep a root, will be a source of frequent anxiety. Whenever he is displeased, his anger does not break out with heat and violence ”

“ He has great command of his passions, and will seldom do wrong, except when he mistakes wrong for right ; but as often as this shall happen, it will be difficult to undeceive him, because he is uncommonly indolent, and has strong prejudices. ”