History of the United StatesBeard, Charles A. (Charles Austin)
History
History of the United States
Beard, Charles A. (Charles Austin)
United States -- History
The writ of assistance had been used in Massachusetts in 1755 to prevent
illicit trade with Canada and had aroused a violent hostility at that
time. In 1761 it was again the subject of a bitter controversy which
arose in connection with the application of a customs officer to a
Massachusetts court for writs of assistance "as usual." This application
was vainly opposed by James Otis in a speech of five hours' duration--a
speech of such fire and eloquence that it sent every man who heard it
away "ready to take up arms against writs of assistance." Otis denounced
the practice as an exercise of arbitrary power which had cost one king
his head and another his throne, a tyrant's device which placed the
liberty of every man in jeopardy, enabling any petty officer to work
possible malice on any innocent citizen on the merest suspicion, and to
spread terror and desolation through the land. "What a scene," he
exclaimed, "does this open! Every man, prompted by revenge, ill-humor,
or wantonness to inspect the inside of his neighbor's house, may get a
writ of assistance. Others will ask it from self-defense; one arbitrary
exertion will provoke another until society is involved in tumult and
blood." He did more than attack the writ itself. He said that Parliament
could not establish it because it was against the British constitution.
This was an assertion resting on slender foundation, but it was quickly
echoed by the people. Then and there James Otis sounded the call to
America to resist the exercise of arbitrary power by royal officers.
"Then and there," wrote John Adams, "the child Independence was born."
Such was the hated writ that Townshend proposed to put into the hands of
customs officers in his grim determination to enforce the law.
=The New York Assembly Suspended.=--In the very month that Townshend's
Acts were signed by the king, Parliament took a still more drastic step.
The assembly of New York, protesting against the "ruinous and
insupportable" expense involved, had failed to make provision for the
care of British troops in accordance with the terms of the Quartering
Act. Parliament therefore suspended the assembly until it promised to
obey the law. It was not until a third election was held that compliance
with the Quartering Act was wrung from the reluctant province. In the
meantime, all the colonies had learned on how frail a foundation their
representative bodies rested.
RENEWED RESISTANCE IN AMERICA
Public-domain text, read in full here on John Shaqi.
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