Narrative and Critical History of America, Vol. 6 (of 8): The United States of North America, Part I
History
Narrative and Critical History of America, Vol. 6 (of 8): The United States of North America, Part I
America -- Discovery and exploration; America -- History; United States -- History
Governor Shirley issued these writs, though the power to do so was
solely in the court.[32] But they would have held a less important
place in the history of the Revolution had it not been for the
concurrence of several circumstances. All writs become invalid on the
demise of the crown and six months thereafter. George II. died October
25, 1760, and the news reached Boston December 27th. The government
had already resolved upon a more vigorous enforcement of the revenue
laws. The king had instructed Bernard, the newly appointed governor
of Massachusetts, to "be aiding and assisting to the collectors and
other officers of our admiralty and customs in putting in execution"
the acts of trade. Pitt also directed the colonial governors to prevent
trade with the enemy and a commerce which was "in open contempt of
the authority of the mother country, as well as to the most manifest
prejudice of the manufactures and trade of Great Britain."[33] Seizures
of uncustomed goods were frequent. The third part of the forfeiture of
molasses which belonged to the province amounted before 1761 to nearly
five hundred pounds in money. Bernard arrived in August, 1760. Chief
Justice Sewall, who had expressed doubts as to the legality of writs
of assistance, died September 11th; and Hutchinson, his successor,
took his seat January 27, 1761. As the outstanding writs had become
invalid, their renewal became necessary. But when Charles Paxton, the
surveyor at Boston, appeared for that purpose in the Superior Court,
February term, 1761, he was confronted by a petition signed by sixty
inhabitants of the province, chiefly merchants of Boston, who desired
to be heard in opposition, in person and by their counsel, James Otis
and Oxenbridge Thacher. Otis, Advocate-General for the crown, had
resigned his office to avoid supporting the writ.[34] Gridley, the
Attorney-General, appeared in his stead. No complete report of the
arguments has been preserved.[35] Gridley, who treated the question as
purely one of law, to be determined by statutes and precedents, said of
Otis's argument, that "quoting history is not speaking like a lawyer;"
and as to the arbitrary nature of the writ which allowed the entry of
private houses in search of uncustomed goods, he reminded him that by
a province law a collector of taxes, without execution, judgment, or
trial, could arrest and throw a delinquent taxpayer into prison. "What!
shall my property be wrested from me? Shall my liberty be destroyed by
a collector for a debt unadjudged, without the common indulgence and
lenity of the law? So it is established; and the necessity of having
public taxes effectually and speedily collected is of infinitely
greater moment to the whole than the liberty of any individual."
Public-domain text, read in full here on John Shaqi.
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