Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1840-11-19
SEIZURE OF PAPERS.


nnder the sum-" Those who reflect on pas
sing events, sometimes doubt it; but many
others look into the history for the parallel.
To guid names, and others, one or two his
torica scraps may be amusing and perhaps
instructive. In Algernon's Sydney's state
-ment. on the day of his death, (see 9th
HowelI's State Trials, page 9l9) he says
Whilst | was at dinner, messenger
came and arrested me in the kings name,
by all order from FOUR lords of the PRl-
Wy Council Immediately after, Sir Phil
.ip Lloyd came with another from the SAME
lords, to seize my papers, He searched ma
ny secret places but did not find one that
he thought fit to take, except such as lay
openly upon my table, or III trunk that
had not been shut for some years. When
he had ransacked all and put what he pleas
ed into trunk and pilowbear he would
have persuaded me but |, remembering
what had passed at Colonel Mansell's lodg-
ing, and some other occasions OF the like
nature, refused to do it ; whereupon he put
his own seal, but promised that they should
not be opened, unless it were in my pres
,ence- Which ,uas obserrcd as other promises
OCthat nature hare been: for NEVER SAW
.the said trunk or pil!owbear TO this day"
In page 932 it is recorded-'Nlr. Aaron
Smith, a prisoner in the Tower, when Lord
Russell and Colonel Sydney were tried,
was with consent of the warden, visited by
Ambrose Phillips, by an order from one OF
the Secretaries. Smith deposed, that when
Phillips came to him, he told him, itraS IN
his po,cer TO make himself what he could;
for" SAID he. you know this rogue Sgd
ney is a traitor, and you may make yourself
what you will, IF you toiH discover what you
know of his designs against the govern
ment" That he replied" He could not
say any thing that could touch hair Of Col
,onel Sy6ney's head and that then MIR.
Phillips said, " If he might advise the king
he would have all the T. Wing rogues
hanged" &C. &c.
But it is nowhere recorded that Judge
Jeffries himself went to seize the papers.
Algernon Sydney's important and we'll
known case is not the only one on record,
in which tyranny in Great Britain, nvad-
ed the liberty of the subject. Sixty four
years ago, Lord Halifax, principal Secre-
tary of State of George III, issued war
rant to some myrmidons, to make strict and
,diigent search for the authors, printers, and
publishers of a sedtlous paper called the
North Briton, No. 40. aud "them or any
of them having found. to apprehend and
seize, TOGETHER WITH THEIR PA
PERS, and to bring in safe custody to me-"
&c. The celebrated John Wilkes was ar
rested, and sundry papers seized aud car
ried Off He was discharged on Habeas
Corpus and sued Lord Halifax for DANA
ges, and recovered heavy sum. John
,Entick also sued the Kings Messengers
for seizing his papers recovered damages.
In the last case, reported in 18th llowell's
State Trials, also in 2, Wilson's Reports,
1857 Chief Justice Pratt Lord Camden
made most noble stand against arbitrary
power. We copy from Howell's report. "a
few passages from the judgment he deliv-
cred IN Entick's case
There is no process AGAINST PAPERS in
civil causes. 1t has often been tried, but
NEVER prevailed"
g In the CRIMINAL law, such proceed
sng was NEVER heard of. Our law has pro-
vided NO PAPER-sEARcH to help forward the
convictioa. 1t is very certain that The law
obliged no man to accuse himsell.-and it
should seem that search for evidence is dis
allowed on the same principle"
This power, SO assumed, is an execu-
aion upon all mans papers. His house
is rifled /; his most valuable secrets taken
ont of his possession, BEFORE the paper is
found to be criminal, and before he is con-
yicted. This pO,oer IS not supported by one
single citation from any la'o book e1tant. 1t
il executed by messengers, in the presence
2F absence ofthe party. and without wit