The Loyalists of Massachusetts and the Other Side of the American RevolutionStark, James Henry
History
The Loyalists of Massachusetts and the Other Side of the American Revolution
Stark, James Henry
American loyalists -- Massachusetts; Massachusetts -- Politics and government -- 1775-1783
In February, 1761, Hutchinson just warming to his work as Chief Justice,
was a principal figure in the disturbance about "Writs of Assistance" or
"Search Warrants." The customs taxes were evaded the whole country over,
in a way most demoralizing. The warehouses were few indeed in which
there were no smuggled goods. The measures taken for tariff enforcement
were no more objectionable than those employed today. Freedom to be sure
is outraged when a custom-officer invades a man's house, his castle, but
high tariff cannot exist without outrages upon freedom. A change had
come about; the government had declared the laws must be enforced, and
it lay upon Hutchinson to interpret the laws and see to this
enforcement. The position of the Chief Justice was an embarrassing one.
His own proclivities were for free trade; his friends had been concerned
in contraband commerce, according to the universal practice in the term
of slack administration. Hutchinson was as yet a novice in the Chief
Justiceship, but he made no mistake in postponing his decision, and have
the Court wait till the English practice could be known. When news came
from England, a form was settled on as near to that employed in England,
as circumstances would permit. Writs were issued to custom-house
officers, for which application should be made to the Chief Justice by
the Surveyor-General of the customs.[106] Before this determination was
reached James Otis made his memorable plea against "Writs of
Assistance," one of the epoch-making events in the history of America.
John Adams afterward said, "I do say in the most solemn manner, that Mr.
Otis's oration against Writs of Assistance breathed into this nation the
breath of life."
[106] For further matter concerning the Writs of Assistance and James
Otis see p. 34.
Hutchison's popularity from now begins to wane, and the main hand in
this was no doubt the teachings of James Otis whose phrase "no taxation
without representation" was used as a rallying cry. Boston at once
elected him as its Representative in the Assembly, and his leadership
thus was scarcely broken even when he became insane. At last he became a
great embarrassment to his party, from the fact that, although his wits
were gone, the people would still follow him. Peter Oliver, who
succeeded Hutchinson as Chief Justice is quoted by John Adams as saying
to him, that Otis would at one time declare of the Lieutenant Governor,
"that he would rather have him than any man he knows in any office"; and
the next hour represent him as "the greatest tyrant and most despicable
creature living."[107]
[107] Adams' Diary, June 5th, 1762.
Public-domain text, read in full here on John Shaqi.
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