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249th anniversary of Otis's Writs of Assistance argument in Paxton's Case

By John Wesley Hall, Jr.

Today is the 249th anniversary James Otis' argument at the Boston Old State House against the writs of assistance in Paxton's Case, heard Tuesday, February 24, 1761. (See this prior post from 2006). According to John Adams (see prior link), the issues and presentation in this writs of assistance case led to the adoption of the Fourth Amendment in 1791. Otis apparently was the first to say it in an American courtroom. The argument is here, and it is stirring reading when one considers the abuse of the writs of assistance at the time. 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...continue to full post

Full post as published by Fourth Amendment on February 24, 2010 (boomark / email).