J: The Writs of Assistance

Writs of Assistance - Search Warrants (A BRITISH Action)

The English Parliament created the writ of assistance during the 1600s. Writs of Assistance were search warrants issued by courts to assist the British government in enforcing anti-smuggling provisions, trade and Navigation Laws in Colonial America. Writs of Assistance, or search warrants, authorized customs house officers to search any house for smuggled goods without specifying either the house or the goods. And in if people resisted they could break open doors, chests, trunks, and other packages. These writs became controversial when they were issued by courts in the British Colonies in the 1760s--they were especially controversial in Massachusetts.

In 1760, Great Britain began to enforce some of the provisions of the Navigation Acts by granting customs officers these writs. In New England, smuggling had become common. However, officers could not search a person's property without giving a reason. Colonists protested that the writs violated their rights as British subjects. The colonists had several problems with these writs. They were permanent and even transferable; the holder of a writ could assign it to another. Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused. This put anyone who had such a writ above the laws.

Reason why Writs of Assistance were Introduced

As the American colonies grew in importance and profitability the British government attempted to make American trade profitable to British merchants by interfering in the government of the colonies. For many years the colonists disobeyed the Navigation Acts and Britain 'turned a blind eye' due to its policy of Salutary Neglect up until the end of the French and Indian War when the British were left with a massive war debt. To pay the war debt the British ended their policy of Salutary Neglect in the colonies. The British intended to end illegal trading, enforce the Navigation Acts and impose new taxes and the Writs of Assistance, or search warrants, would help them to do this.

The Use of Writs of Assistance

The British reversed their policy of Salutary Neglect but it was much easier to order the laws to be carried out than it was to implement them. It was almost impossible for the customs officers to prevent goods from being smuggled into the colonies. And equally difficult to seize them. The custom officers therefore asked the judges to give them writs of assistance to search the premises of suspects.

Writs of Assistance were open to Abuse

The Writs of Assistance gave Custom Officers the opportunity to abuse the system and harass colonists. Armed with a Writs of Assistance a Customs official could go to the house of a man he did not like and search it from attic to cellar, turn everything upside down and break open doors and trunks at any time, day or night.

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