same authority a general fund should be raised to meet the expenses of
the war,--an end which Shirley thought might be most speedily and
quietly attained by means of a "stamp duty." As Shirley had been for
fifteen years governor of Massachusetts, and was now commander-in-chief
of all the troops in America, his opinion had great weight with the
Lords of Trade; and the same views being reiterated by Dinwiddie of
Virginia, Sharpe of Maryland, Hardy of New York, and other governors,
the notion that Parliament must tax the Americans became deeply rooted
in the British official mind.
[Sidenote: Writs of assistance]
Nothing was done, however, until the work of the French war had been
accomplished. In 1761, it was decided to enforce the Navigation Act, and
one of the revenue officers at Boston applied to the superior court for
a "writ of assistance," or general search-warrant, to enable him to
enter private houses and search for smuggled goods, but without
specifying either houses or goods. Such general warrants had been
allowed by a statute of the bad reign of Charles II., and a statute of
William III., in general terms, had granted to revenue officers in
America like powers to those they possessed in England. But James Otis
showed that the issue of such writs was contrary to the whole spirit of
the British constitution. To issue such universal warrants allowing the
menials of the custom house, on mere suspicion, and perhaps from motives
of personal enmity, to invade the home of any citizen, without being
held responsible for any rudeness they might commit there,--such, he
said, was "a kind of power, the exercise of which cost one king of
England his head and another his throne;" and he plainly declared that
even an act of Parliament which should sanction so gross an infringement
of the immemorial rights of Englishmen would be treated as null and
void. Chief Justice Hutchinson granted the writs of assistance, and as
an interpreter of the law he was doubtless right in so doing; but Otis's
argument suggested the question whether Americans were bound to obey
laws which they had no share in making, and his passionate eloquence
made so great an impression upon the people that this scene in the court
room has been since remembered--and not unjustly--as the opening scene
of the American Revolution.
[Portrait: James Otis]
[Sidenote: The chief justice of New York]
Public-domain text, read in full here on John Shaqi.
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