Formation of the Union, 1750-1829Hart, Albert Bushnell
History
Formation of the Union, 1750-1829
Hart, Albert Bushnell
United States -- History; United States -- Politics and government
But he went far beyond the legal principles involved. He
declared in plain terms that the Navigation Acts were "a taxation law made
by a foreign legislature without our consent." He asserted that the Acts
of Trade were "irreconcilable with the colonial charters, and hence were
void." He declared that there were "rights derived only from nature and
the Author of nature;" that they were "inherent, inalienable, and
indefeasible by any laws, pacts, contracts, governments, or stipulations
which man could devise." The court, after inquiring into the practice in
England, issued the writs to the custom-house officers, although it does
not appear that they made use of them.
[Sidenote: Effect of the discussion.]
The practical effect of Otis's speech has been much exaggerated. John
Adams, who heard and took notes on the argument, declared, years later,
that "American independence was then born," and that "Mr. Otis's oration
against Writs of Assistance breathed into this nation the breath of life."
The community was not conscious at the time that a new and startling
doctrine had been put forth, or that loyalty to England was involved. The
arguments drawn from the rights of man and the supremacy of the charters
were of a kind familiar to the colonists. The real novelty was the bold
application of these principles, the denial of the legality of a system
more than a century old.
[Sidenote: Enforcement.]
So far was the home government from accepting these doctrines that in 1763
the offensive Sugar Act was renewed. New import duties were laid, and more
stringent provisions made for enforcing the Acts of Trade; and the ground
was prepared for a permanent and irritating controversy, by commissioning
the naval officers stationed on the American coast as revenue officials,
with power to make seizures.
25. THE STAMP ACT (1763-1765).
[Sidenote: Plan for a stamp duty.]
[Sidenote: Questions of troops.]
Public-domain text, read in full here on John Shaqi.
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