History for ready reference, Volume 5, Tunnage to Zyp and SupplementLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 5, Tunnage to Zyp and Supplement
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
UNITED STATES OF AMERICA: A. D. 1761.
Enforcement of revenue laws in Massachusetts.
The Writs of Assistance and Otis' speech.
"Immediately after the conquest of Canada was completed,
rumors were widely circulated … that the charters would be
taken away, and the colonies reduced to royal governments. The
officers of the customs began at once to enforce with
strictness all the acts of parliament regulating the trade of
the colonies, several of which had been suspended, or become
obsolete, and thus had never been executed at all. The good
will of the colonists or their legislatures, was no longer
wanted in the prosecution of the war; and the commissioners of
the customs were permitted and directed to enforce the
obnoxious acts. Governor Bernard [of Massachusetts], who was
always a supporter of the royal prerogative, entered fully
into these views, and shewed by his opinion, his appointments
and his confidential advisers, that his object would be, to
extend the power of the government to any limits, which the
ministry might authorize. The first demonstration of the new
course intended to be pursued, was the arrival of an order in
Council to carry into effect the Acts of trade, and to apply
to the supreme judicature of the Province [Massachusetts], for
Writs of Assistance, to be granted to the officers of the
customs. In a case of this importance there can be no doubt,
that Mr. Paxton, who was at the head of the customs in Boston,
consulted with the Government and all the crown officers, as
to the best course to be taken. The result was, that he
directed his deputy at Salem, Mr. Cockle, in November, 1760,
to petition the Superior Court, then sitting in that town, for
'writs of assistance.' Stephen Sewall who was the Chief
Justice, expressed great doubt of the legality of such a writ,
and of the authority of the Court to grant it. None of the
other judges said a word in favour of it; but as the
application was on the part of the Crown, it could not be
dismissed without a hearing, which after consultation was
fixed for the next term of the Court, to be held in February,
1761, at Boston, when the question was ordered to be argued.
In the interval, Chief Justice Sewall died, and Lieutenant
Governor Hutchinson was made his successor, thereby uniting in
his person, the office of Lieutenant Governor with the
emoluments of the commander of the castle, a member of the
Council, Judge of Probate and Chief Justice of the Supreme
Court! … The mercantile part of the community was in a state
of great anxiety as to the result of this question. The
officers of the Customs called upon Otis for his official
assistance, as Advocate General, to argue their cause.
{3180}
But, as he believed these writs to be illegal and tyrannical,
be refused. He would not prostitute his office to the support
Public-domain text, read in full here on John Shaqi.
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