HKB
himself did not pretend to urge. Another ridiculous statute was of the 22d and 23d of Charles 2d. chapter 8th, "An act for the regulating the making of Kidderminster Stuffs."
By the eleventh section of this important law, it is enacted, "That the said president, wardens, and assistants of the said Kidderminster weavers, or any two or more of them, shall have, and hereby have power and authority, to enter into and search the houses and workhouses of any artificer under the regulation of the said trade, at all times of the day, and usual times of opening shops and working; and into the shops, houses, and warehouses of any common buyer, dealer in, or retailer of any of the said cloths or stuffs, and into the houses and workhouses of any dyer, sheerman, and all other workmen's houses and places of sale, or dressing of the said cloths, or stuffs and yarns; and may there view the said cloths, stuffs and yarns respectively; and if any cloth, stuff or yarns shall be found defective, to seize and carry away the same to be tried by a jury."
The wit, the humour, the irony, the satire, played off, by Mr. Otis, in his observations on these acts of navigation, Dutch bays and Kidderminster stuffs, it would be madness in me to pretend to remember with any accuracy. But this I do say, that Horace's "Irritat, mulcet, veris terroribus implet," was never exemplified in my hearing with so great effect. With all his drollery, he intermixed solid and sober observations upon the acts of navigation, by Sir Joshua Child, and other English writers upon trade, which I shall produce together in another letter.
It is hard to be called upon, at my age, to such a service as this. But it is the duty of
JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, July 9, 1818.
DEAR SIR,
In the search for something, in the history and statutes of England, in any degree resembling this monstrum horrendum ingens, the writ of assistance, the following examples were found.
In the statute of the first year of king James the second, chapter third, "An act for granting to his majesty an imposition upon all wines and vinegar," &c. Section 8, it is enacted, "That the officers of his majesty's customs &c. shall have power and authority to enter on board ships and vessels and make searches, and to do all other matters and things, which may tend to secure the true payment of the duties by this act imposed, and the due and orderly collection thereof, which any customers, collectors or other officers of any of his majesty's ports can or may do, touching the securing his majesty's customs of tonnage and poundage," &c. &c. &c. I must refer to the statute for the rest.
In the statute of king James the second, chapter four, "An act for granting to his majesty an imposition upon all tobacco and sugar imported," &c. Section fifth, in certain cases, "The commissioners may appoint one or more officer or officers to enter into all the cellars, warehouses, store cellars, or other places whatsoever, belonging to such importer, to search, see and try," &c. &c. &c. I must again refer to the statute for the rest, which is indeed nothing to the present purpose.
Though the portraits of Charles the second and James the second were blazing before his eyes, their characters and reigns were sufficiently odious to all but the conspirators against human liberty, to excite the highest applauses of Otis's philippics against them and all the foregoing acts of their reigns, which writs of assistance were now intended to enforce. Otis asserted and proved, that none of these statutes extended to America, or were obligatory here by any rule of law, ever acknowledged here, or ever before pretended in England.