Our Houses are Our Castles: A Review of the Proceedings of the Nunnery Committee, of the Massachusetts Legislature, and Especially Their Conduct and that of Their Associates on Occasion of the Visit to the Catholic School in Roxbury, March 26, 1855 (Google eBook)

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C. Hale, 1855 - Massachusetts - 62 pages
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Page 45 - Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Page 23 - 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 whilst 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.
Page 23 - Your honors will find in the old books concerning the office of a justice of the peace precedents of general warrants to search suspected houses. But in more modern books, you will find only special warrants to search such and such houses, specially named, in which the complainant has before sworn that he suspects his goods are concealed; and will find it adjudged that special warrants only are legal.
Page 23 - Not more than one instance can be found of it in all our law-books; and that was in the zenith of arbitrary power, namely, in the reign of Charles II, when star-chamber powers were pushed to extremity by some ignorant clerk of the exchequer.
Page 50 - Therefore, all warrants to search suspected places, or arrest a person for examination or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation...
Page 45 - All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure : and no warrant ought to be issued hut in cases, and with the formalities prescribed by the laws.
Page 23 - ... specially set forth in the writ, may be granted by the Court of Exchequer at home, upon oath made before the Lord Treasurer by the person who asks it, that he suspects such goods to be concealed in those very places he desires to search.
Page 23 - ... will find it adjudged that special warrants only are legal. In the same manner I rely on it, that the writ prayed for in this petition, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. I say I...
Page 43 - ... petitions were referred to a joint special committee, together with the order of Mr. Hiss, relinquished by the Judiciary Committee for that purpose ; and Mr. Hiss was appointed on the special committee. Shortly after, at the instance of this committee, the following order was passed in concurrence: " Ordered, that the joint special committee on the inspection of nunneries and convents be authorized and instructed to visit and examine such theological seminaries, boarding-schools, academies,...
Page 23 - House. A man who is quiet, is as secure in his house, as a prince in his castle notwithstanding all his debts and civil processes of any kind.

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