James Otis, the Pre-RevolutionistRidpath, John Clark
History
James Otis, the Pre-Revolutionist
Ridpath, John Clark
Otis, James, 1725-1783
The American ship, trading with the West Indies and bringing back
to Boston a cargo of molasses or rum, was met at custom house
with an exorbitant requisition. The officer acting under the
Importation Act, virtually said, "Stand and deliver."
If it were a British ship the resistance to the duty would be
offered by the land merchants rather than by the sea traders; for
the merchants did not desire that the cost of the merchandise to
themselves and their customers should be doubled without some
equivalent advantage. No equivalent advantage was either visible
or invisible. What, therefore, should they do but first evade
and then openly resist?
There was an epoch of evasion. This covered a period of about
seventeen years, extending from 1733 to 1750. In the latter year
an act was passed by Parliament forbidding the erection of iron
works in America. The manufacture of steel was especially
interdicted. The measure which was in reality directed against
shipbuilding included a provision which forbade the felling of
pines outside of enclosures. It was thus sought by indirection
to prevent the creation of a merchant marine by the American
Colonists and to limit their commerce to British ships. This
measure like the Importation Act was also ignored and resisted.
For eleven years the Americans persisted in their usual course,
making iron, cutting pine timber and building ships, importing
molasses and rum, evading the duties, and thus getting themselves
into the category of smugglers.
It was this precise condition of affairs which led to a still
more stringent measure on the part of the home government. It
was determined in Parliament to put an end to the evasion and
resistance of the American merchants and importers with respect
to the existing laws. The customs should be collected. It was
deemed best, however, that the new measure should issue from the
judiciary.
An appeal was made to the Court of Exchequer in England for the
granting of search warrants to be issued in America by the king's
officers for the purpose of ferreting out contraband goods.
These warrants granted by the Court of Exchequer were the Writs
of Assistance, the name of which appears so frequently and with
so much odium in the colonial history of the times. These writs
were granted by the court under pressure of the ministry in the
year 1760.
The Writs of Assistance were directed to the officers of the
customs in America. But any officer could arm one of his
subordinates, or indeed any other person whom he should
designate, with one of the writs, and the person so appointed
might act in the name of the king's officer.
The thing to be done was the examination of any place and all
places where contraband goods might be supposed to be lodged.
Whether there were evidence or no evidence, the case was the
same. The document was a writ of arbitrary search.
Public-domain text, read in full here on John Shaqi.
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