Battles -- United States; United States -- History, Military -- To 1900
In 1733, however, the Molasses Act went into effect,[49] and, had
it been enforced, would have been a serious detriment to American
interests. It not only aimed to stop the thriving colonial trade with
the Dutch, French, and Spanish West Indies, but was intended to aid
English planters in the British West Indies by laying a prohibitive
duty on imported foreign sugar and molasses. It was not enforced,
however, for the customs officials, by giving fraudulent clearances,
acted in collusion with the colonial importers in evading the law; but,
in 1761, during the war with France, the thrifty colonists carried on
an illegal trade with the enemy, and Pitt demanded that the restrictive
laws be enforced.
The difficulty of enforcing was great, for it was hard to seize the
smuggled goods, and harder still to convict the smuggler in the
colonial courts. Search-warrants were impracticable, because the legal
manner of using them made the informer’s name public, and the law was
unable to protect him from the anger of a community fully in sympathy
with the smugglers. The only feasible way to put down this unpatriotic
trade with the enemy was to resort to “writs of assistance,” which
would give the customs officers a right to search for smuggled goods
in any house they pleased.[50] Such warrants were legal, had been used
in America, and were frequently used in England;[51] yet so highly
developed was the American love of personal liberty that when James
Otis, a Boston lawyer, resisted by an impassioned speech the issue of
such writs his arguments met universal approval.[52] In perfect good
faith he argued, after the manner of the ancient law-writers, that
Parliament could not legalize tyranny, ignoring the historical fact
that since the revolution of 1688 an act of Parliament was the highest
guarantee of right, and Parliament the sovereign and supreme power.
Nevertheless, the popularity of Otis’ argument showed what America
believed, and pointed very plainly the path of wise statesmanship.
When, in 1763, the Pontiac Indian rebellion endangered the whole West
and made necessary a force of soldiers in Canada, Grenville, in spite
of the recent warning, determined that the colonies should share the
burden which was rapidly increasing in England. He lowered the sugar
and molasses duties,[53] and set out to enforce their collection by
every lawful means. The trouble which resulted developed more quickly
in Massachusetts, because its harsh climate and sterile soil drove it
to a carrying-trade, and the enforced navigation laws were thought
to threaten its ruin. It was while American economic affairs were in
this condition that Grenville rashly aggravated the discontent by the
passage of his Stamp Act.
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