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General Warrant

const and practice

GENERAL WARRANT. A process which used to issue from the state secretary's of fice, to take up (without naming any person in particular) the author, printer, and pub lisher of such obscene and seditious libels as were particularly specified in it. The practice of issuing such warrants was com mon in early English history, but it received its death blow from Lord Camden, in the time of Wilkes. The latter was arrested and his private papers taken possession of under such a warrant, on a charge of seditious libel in publishing No. 45 of the North Briton. He recovered heavy damages against Lord Halifax who issued the war rant. Pratt, C. J., declared the practice to be "totally subversive of the liberty of the subject," and with the unanimous concur rence of the other judges condemned this dangerous and unconstitutional practice. See May, Const. Hist. of England; 5 Co. 91; 2 Wils. 151, 275; Bell v. Clapp, 10 Johns.

(N. Y.) 263, 6 Am. Dec. 339; Sailly v. Smith, 11 Johns. (N. Y.) 500; Cooley, Const. Lim. 369. Such warrants were declared illegal and void for uncertainty by a vote of the house of commons. Com. Jour. 22, April, 1766 ; Whart. Law Diet.

A writ of assistance.

The issuing of these was one of the causes of the American Revolution. They were a species of general warrant, being directed to "all and singular justices, sheriffs, con stables and all other officers and subjects," empowering them to enter and search any house for uncustomed goods, and to com mand all to assist them. These writs were perpetual, there being no return to them. They were not executed, owing to the elo quent argument of Otis before the supreme court of Massachusetts against their legality. See Tudor, Life of Otis 66; Story, Const. 1901.