assistance, writ of

assistance, writ of
General search warrant used by the British in the American colonies.

The warrants authorized customhouse officers, with the assistance of a sheriff, to search any house or ship for smuggled goods, without requiring them to specify the place or the goods. The legality of the writs was challenged by the colonists in the 1760s, and they became a major grievance in the years leading up to the American Revolution. See also James Otis.

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▪ British-American colonial history
      in English and American colonial history, a general search warrant issued by superior provincial courts to assist the British government in enforcing trade and navigation laws. Such warrants authorized customhouse officers (with the assistance of a sheriff, justice of the peace, or constable) to search any house for smuggled goods without specifying either the house or the goods. In common use since the reign of Charles II, the writs did not arouse controversy until a renewal attempt was made in 1761. Despite an eloquent attack on their constitutionality by James Otis (Otis, James), representing Boston merchants, the writs were continued after confirmation of their legality had been received from England in 1762. When similar warrants were expressly reauthorized by the Townshend Acts (1767), they were challenged for five years in every superior court in the 13 colonies and refused outright in 8 of them. Thus, writs of assistance became a major colonial grievance in the pre-Revolutionary period.

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Universalium. 2010.

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