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i76i] Pacctorfs case. Writs of assistance. 177 authority had been unduly exercised in the issuance of general "writs of assistance," in prohibiting and breaking up "assemblies," in suspending and refusing assent to acts of legislation, in laying unduly burdensome restrictions upon trade, and in other things. 2. Discriminating legislation ; passing by the question of the general powers of Parliament over the colonies, Parliament had lately extended admiralty jurisdiction in America over matters not within it in England, and had proposed to deprive Americans accused of treason of the right to be tried by a jury of the vicinage. 3. Interference in the affairs of the colonies under claim of universal authority, " in all cases whatsoever." These topics cover the American theory, at the time, of the true relation of the colonies to the mother-State. Let us take them in order. (i) ABUSE OF AUTHORITY. The acute stage in the troubles between England and the colonies began, it may fairly enough for the present purpose be said, with a cause in Court touching private right. In the February term, 1761, of the Superior Court of Massachusetts Bay, application was made by Charles Paxton, Surveyor and Searcher of the Port of Boston, and by other officers of the customs, for a renewal of certain revenue process called the writ of assistance or "assistants." This was King's debtor process of the Court of Exchequer in England. The writ had been framed under statutes of the reign of Charles II, passed in aid of the officers of revenue; which legislation had by statute of the reign of William III been extended to America. The writ was addressed to all justices of the peace, sheriffs, constables, and other officers and subjects of the King. Reciting the statutes and the juris- diction of the Superior Court, the writs now asked for declared, in substance, that the officer serving the process had power to enter any ship, bottom boat, or other vessel, and any shop, house, warehouse, hostelry or other place whatsoever, to make diligent search into any trunk, chest, pack, case, truss or any other parcel or package whatsoever, for any goods, wares, or merchandise prohibited to be imported or exported, or whereof the customs or other duties had not been duly paid, and to seize the same to his Majesty's use. It then commanded the persons addressed to permit the revenue officers, by night and by day, to enter any ship, boat, or other vessel, within or coming to the port of Boston or places pertaining thereto, to search and oversee, and strictly to examine, the persons therein touching the premises, and also, in the daytime, to enter the vaults, cellars, warehouses, shops, and other places where any prohibited goods, wares and merchandise, or any goods, wares and merchandise for which the customs or other duties had not been duly paid, lay concealed or were suspected to be concealed ; that C. M. H. VII. CH. VI. 12