Legal Papers of John Adams, volume 2

Editorial Note

Editorial Note

8.

Butler's commission as Tide Surveyor, dated 22 Aug. 1768, was in a standard form conveying powers to enter ships and, with a writ of assistance, buildings, to search for prohibited goods, “and the same to seize to his Majesty's use.” Salem Record Book, 1763–1772, p. 67. See also his instructions, 23 Aug. 1768, which deal with his authority to board vessels and “rummage” cargo, but contain no express power to seize. Id. at 68. There is no notation that this Commission was sworn, although it is clear (note 1 above) that Butler acted as Tide Surveyor. No objection on this point seems to have been made at the trial. If it had been, Butler might have been held to have seized under his earlier commission as “Customs Officer,” which conveyed the same powers. Id. at 63–64.