In the first place, the writ is universal, being directed "to all and singular justices, sheriffs, constables, and all other officers and subjects"; so that, in short, it is directed to every subject in the king's dominions. Every one with this writ may be a tyrant; if this commission be legal, a tyrant in a legal manner, also, may control, imprison, or murder any one within the realm.

In the next place, it is perpetual; there is no return. A man is accountable to no person for his doings. Every man may reign secure in his petty tyranny, and spread terror and desolation around him, until the trump of the arch-angel shall excite different emotions in his soul.

In the third place, a person with this writ, in the daytime, may enter all houses, shops, etc., at will, and command all to assist him.

Fourthly, by this writ, not only deputies, etc., but even their menial servants, are allowed to lord it over us. What is this but to have the curse of Canaan with a witness on us; to be the servant of servants, the most despicable of God's creation?

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 while 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. Custom-house officers may enter our houses when they please; we are commanded to permit their entry. Their menial servants may enter, may break locks, bars, and everything in their way; and whether they break through malice or revenge, no man, no court can inquire. Bare suspicion without oath is sufficient. This wanton exercise of this power is not a chimerical suggestion of a heated brain.

I will mention some facts. Mr. Pew had one of these writs, and when Mr. Ware succeeded him, he indorsed this writ over to Mr. Ware; so that these writs are negotiable from one officer to another, and so your honors have no opportunity of judging the persons to whom this vast power is delegated. Another instance is this: Mr. Justice Walley had called this same Mr. Ware before him,

by a constable, to answer for a breach of the Sabbath Day Acts, or that of profane swearing. As soon as he had finished, Mr. Ware asked him if he had done. He replied: "Yes." "Well, then," said Mr. Ware, "I will show you a little of my power. I command you to permit me to search your house for uncustomed goods"; and went on to search the house from the garret to the cellar, and then served the constable in the same manner! But to show another absurdity in this writ, if it should be established, I insist upon it that every person, by the 14th of Charles II., has this power as well as the custom-house officers. The words are: "It shall be lawful for any person or persons authorized," etc. What a scene does this open! Every man prompted by revenge, ill humor, or wantonness, to inspect the inside of his neighbor's house, may get a writ of assistance. Others will ask it from self-defense; one arbitrary exertion will provoke another, until society be involved in tumult and in blood.

(Here the report of the speech ends. The rest was afterward written up by John Adams.)

2. Benjamin Franklin (1706-1790), "the sage, statesman, and scientist," next to Washington, was the greatest American of the eighteenth century. His signature is found on four celebrated American documents, the Declaration of Independence, the Treaty of Alliance with France, the Treaty of Peace with England, and the Constitution. His best literary product, however, was not of a political nature. He first became widely known through his wise saws which appeared in Poor Richard's Almanac, published annually for a quarter of a century, from 1733 on. Franklin spent his nights and days studying Addison in order to improve his literary style and the effect of this study is much in evidence in his Autobiography, which is the most readable book published in America during the eighteenth century.

(Since Franklin's best literary product was not of a political nature, a passage from his Autobiography is added to the extract which places him here.)

ON THE FEDERAL CONSTITUTION

(From a speech delivered in Philadelphia before the Constitutional Convention of 1787)

I confess that I do not entirely approve of this Constitution at present; but, sir, I am not sure I shall never approve of it, for, having lived long, I have experienced many instances of being obliged, by better information or fuller consideration, to change opinions, even on important subjects, which I once thought right, but found to be otherwise. It is therefore that, the older I grow, the more apt I am to doubt my own judgment of others. Most men, indeed, as well as most sects in religion, think themselves in possession of all truth, and that wherever others differ from them, it is so far error. Steele, a Protestant, in a dedication, tells the pope that the only difference between our two churches in their opinions of the certainty of their doctrines is, the Romish Church is infallible, and the Church of England is never in the wrong. But, tho many private persons think almost as highly of their own. infallibility as of that of their sect, few express it so naturally as a certain French lady, who, in a little dispute with her sister, said: “"But I meet with nobody but myself that is always in the right."

It . . . astonishes me, sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our counsels are confounded like those of the builders of Babel, and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, sir, to this Constitution, because I expect no better, and because I am not sure that it is not the best. The opinions I have had of its errors I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every

one of us, in returning to our constituents, were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received and thereby lose all the salutary effects and great advantages resulting naturally in our favor among foreign nations, as well as among ourselves, from our real or apparent unanimity. Much of the strength and efficiency of any government, in procuring and securing happiness to the people, depends on opinion, on the general opinion of the goodness of that government, as well as of the wisdom and integrity of its governors. I hope, therefore, for our own sakes, as a part of the people, and for the sake of our posterity, that we shall act heartily and unanimously in recommending this Constitution wherever our influence may extend, and turn our future thoughts and endeavors to the means of having it well administered.

On the whole, sir, I can not help expressing a wish that every member of the convention who may still have objections to it, would, with me, on this occasion, doubt a little of his own infallibility, and, to make manifest our unanimity, put his name to this instrument.

LEARNING TO WRITE

(From Franklin's Autobiography)

There was another bookish lad in town, John Collins by name, with whom I was intimately acquainted. We sometimes disputed, and very fond we were of argument, and very desirous of confuting one another, which disputatious turn, by the way, is apt to become a very bad habit, making people often extremely disagreeable in company by the contradiction that is necessary to bring it into practice; and thence, besides souring and spoiling the conversation, is productive of disgusts, and perhaps enmities where you may have occasion for friendship. I had caught it by reading my father's books of dispute about religion. Persons of good sense, I have since ob

served, seldom fall into it, except lawyers, university men, and men of all sorts that have been bred at Edinborough.

About this time I met with an odd volume of the Spectator. It was the third. I had never before seen any of them. I bought it, read it over and over, and was much delighted with it. I thought the writing excellent, and wished if possible, to imitate it. With this view I took some of the papers, and, making short hints of the sentiment in each sentence, laid them by a few days, and then, without looking at the book, try'd to compleat the papers again, by expressing each hinted sentiment at length, and as fully as it had been expressed before, in any suitable words that should come to hand. Then I compared my Spectator with the original, discovered some of my faults, and corrected them. But I found I wanted a stock of words, or a readiness in recollecting and using them, which I thought I should have acquired before that time if I had gone on making verses; since the continual occasion for words of the same import, but of different length, to suit the measure, or of different sound for the rhyme, would have laid me under a constant necessity of searching for variety, and also have tended to fix that variety in my mind, and make me master of it. Therefore I took some of the tales and turned them into verse; and, after a time, when I had pretty well forgotten the prose, turned them back again. I also sometimes jumbled my collections of hints into confusion, and after some weeks endeavored to reduce them into the best order, before I began to form the full sentences and compleat the paper. This was to teach me method in the arrangement of thoughts. By comparing my work afterwards with the original, I discovered many faults and amended them; but I sometimes had the pleasure of fancying that, in certain particulars of small import, I had been lucky enough to improve the method or the language, and this encouraged me to think I might possibly in time come to be a tolerable English writer, of which I