Editor's Choice
What did the Writs of Assistance declare and how did the colonists react?
Quick answer:
The Writs of Assistance were general search warrants allowing customs officials to search any vessel or building suspected of carrying smuggled goods. Authorized by the English Parliament to curb smuggling and protect government revenue, these writs were met with strong opposition from the colonists. They viewed them as violations of their rights, as the writs were permanent, transferable, and did not hold officials accountable for damages. In Boston, James Otis legally challenged their legality, citing English common law and natural justice.
A Writ of Assistance was a general search warrant used in English and American colonial history to address the issue of smuggling. The writ enabled custom officials to search any vessel or building that they suspected was carrying smuggled goods. The writs of assistance were authorized by the English parliament to extend to British America after they received information that smuggling was not only aiding their wartime enemies but also diverting the much-needed government revenues.
The colonists were concerned and openly opposed the writs of assistance because they believed that the instrument infringed on their rights. The writs were permanent, transferable and the officials were not liable for any damages during the search. In Boston Massachusetts, the Boston merchants through their lawyer, James Otis sought legal redress. Otis made scathing arguments against the writs and termed them an illegality in the face of English common law and natural justice.
Get Ahead with eNotes
Start your 48-hour free trial to access everything you need to rise to the top of the class. Enjoy expert answers and study guides ad-free and take your learning to the next level.
Already a member? Log in here.
References