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Subject: [GENMASSACHUSETTS] Capt. Daniel Malcom,Boston Molasses and the Sticky Origins of the 4th Amendment
Date: Sun, 28 Jan 2007 21:06:01 EST

_Chapter 4: Molasses and the Sticky Origins of the Fourth Amendment_
(http://209.85.165.104/search?q=cache:2pRpoMTAo04J:www.fd.org/pdf_lib/Revitalizing%20t
he%20Fourth%20Amendment.pdf+Daniel+Malcolm+Merchant+-+one+of+the+Sons+of+Liber
ty&hl=en&gl=us&ct=clnk&cd=9&ie=UTF-8)

Buried at Copp's Hill Cemetery - One of the Sons of Liberty:

Tombstone at Copp's Hill Cemetery

Here lies buried in
A stone grave 10 feet deep
Capt. Daniel Malcom, merchant
Who departed this life
Oct. 23d
1769
Aged 44 years
A true Son of Liberty a Friend to the Public
An Enemy to Oppression and One of the
Foremost in opposing the Revenue
Acts on America.

Insert - The Fourth Amendment
The case of Captain Daniel Malcom, one of the "Sixty-three Boston Merchants"
of 1761, that had hired James Otis. On September 24, 1766, two Customs
officials and a deputy sheriff executed a writ at his house.

When they tried to enter a part of his cellar, Malcolm met them with "two
swords and a pistol." In a clear
indication that this confrontation had been staged, Capt. Malcom's lawyer,
James Otis Jr. arrived. The
customs officers being smart enough not to mess with Capt. Malcom and his
swords and pistol, they went to the Governor and the Colonial Council for
assistance. The council advised the governor that his
assistance was unnecessary because the sheriff could raise a posse
comitatus. By the time the sheriff
arrived to raise a posse, there was a crowd in front of Malcolm's house to
offer assistance - to Captain
Malcolm!

The officers left, whereupon Capt. Malcolm rewarded the crowd with several
buckets of wine from
his cellar. Source: Origins of the Fourth Amendment.

_Chapter 4: Molasses and the Sticky Origins of the Fourth Amendment_
(http://209.85.165.104/search?q=cache:2pRpoMTAo04J:www.fd.org/pdf_lib/Revitalizing%20t
he%20Fourth%20Amendment.pdf+Daniel+Malcolm+Merchant+-+one+of+the+Sons+of+Liber
ty&hl=en&gl=us&ct=clnk&cd=9&ie=UTF-8)

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