The Washington herald., 1913-01-23


The acts of trade practically forbade
direct commerce with foreign countries
or their dependencies. especially in for
eign bottoms: but ships from France,
Spain. and the Canary Isles came and
went very freely, notwithstanding, in
! colonial ports, for royal officials liked to
enjoy a comfortable peace and the esteem
of their neighbors, and very genially
winked at such transgressions.
Cargoes without number were sent to
| the Dutch and Spanish West Indies
| every year. and as many brought thence
which were undoubtedly forfeit under
the navigation laws Parliament had been
at such pains to elaborate and enforce;
and privateering as well as smuggling
had for long afforded the doughty sea-
men OF Boston, Salem, Charleston. and
New York a genteel career OF profit
InduIRe In Illegal Trade.
Things had come 20 such pass that
where business went briskly the people
of the colonial ports demanded as Of
right "a full freedom of illegal trade"
and broke sometimes into riot when il
was denied them The Boston News
Letter had been known very courteously
to mourn the death of worthy COL
lector of his majesty's customs because,
with much humanity he had been
used to take pleasure in directing mas
ters of vessels how they ought to avoid
the breach of the acts of trade"
Sea captains grew accustomed to very
confidential relations with owners and
consignees. and knew very well. with
out official counsel. how to take the
adyIce mot to declare at the custom
house, and things went very easily
and cordially with, all parties to. the
understanding.
In 1861 that understanding was OF
sudden rudely broken and the trouble
began. which GrenviIIe had the folly
to add to. The Board Of Trade ae-
termined to collect the duties on sugar,
molasses. and rum, SO long and so sys-
tematically evaded in the trade between
New England and the West Indies. at
whatever cost OF suit and scrutiny. and
directed their agents in Boston to de-
mand "writs of assistance from the
courts, giving them leave to enter what
premises they would in search Of SNUG
gied goods.
CoIonists Resist Search Warrants.
There were instant evaporation and
resistance. General search warrants.
opening every mans door to the officers
OF the law. with or without just and ex-
plcit ground OF suspicion against him.
no English subject anywhere would sub
nit to: and yet these writs authorized
nothing else.
Issued under a questionable extension
to America of an exceptional power of
the Court of ENchequer. they violated
every precedent of the common law, no
less than every principle OF prudent ad
ministration; and the excitement which
they provoked was at once deep and
ominous. Sharp resistance was made
in the courts. and no officer ever VEN
tured to serve one of the obnoxious writs-
Such challenge of the process was Ut
tered by colonial counsel upon trial OF
the right. moreover. that ministers would
be without excuse should they ignore
the warning so explicit and SO eloquent
OF revolutionary purpose.
Warned by CoIonist.
1t was James Otis who uttered IL. He
had but the other day carried the royal
commission in his pocket as advocate
general in his msjesty's Court of Ad-
miralty; but he would not have scrupled,
even az his majesty's servant, he said,
to oppose the exercise of a power which
already had cost one King his head
and another his throne. To oppose in
such a case was to defend the very con-
stitution under which the King wore his
crown That constitution secured TO Eng
lishmen everywhere the rights OF Tree
men: the colonists had. besides. the plain
guarantees of their own charters II con- |
stitution and charters failed. or were |
sainsaid. the principles of natural rea- |
son sufficed for defense against measures
50 arrogant and so futile. No lawyer |
could Justify these extraordinary writs
no King with an army at his back eouid |
ever force them TO execution.
Protest not only, but defiance. rang !
very clear in these fearless words; and !
ministers must avow themselves very !
ignorant. should they pretend they did !
not know how Mr.. Otis had kindIed nre |
from one end of the colonies to the !
other. But GrenviIle was resolute TO take |
all risks and push his policy.
The Obnoxious stamp Act.
He did not flnich from the enforce
ment Of the measures of 1864. and in the !
session OF 1865 calmly fulfilled his prom
ise of further taxation. He proposed
that the colonists should be required to
use revenue stamps upon all their COM
merciaI paper. legal documents, pamph-
lets. and newspapers; and that at once
as a general measure of convenience and
a saIutary exhibition of authority, his
majesty's troops stationed in the plan
tations should be bilieted on the people.
Parliament readily acquiesced. II was
thus Grenville purposed "defraying the
expenses of defending. protecting, and
securing the colonies; but he came near
losing them instead.
The act was passed in March: II was
not to go into effect until November
but the colonists did not keep him wait
ing until November for their protests.
it was the voice OF a veritable tempest
that presently came over sea TO the ear
Of the startled minister. And IL was not
the General Court of turbulent Massa-
chusetts. but the House Of Burgesses OF
loyal Virginia that first spoke the gen.
eral indignation.
4 Polite Protest.
Already in the autumn of 1T6i. upon
the mere threat of what was to come,
that House had spoken very urgently
against the measures proposed. in
to the King and Parliament,
which. amidst every proper phrase OF
loyalty and affection, had plainly de-
clared il the opinion of his majesty's
subjects in Virginia that such acts would
be in fiat violation of their undoubted
rights and liberties; and the committee
by which that memorial was drawn up
had contained almost every man OF chief
in the counsels Of the col
ony, the Kings attorney general him.
self not excepted /
But 1t was one thing to protest
against measures TO come and quite an
other to oppose their execution when
enacted into laws The one was consti-
tutionaI agitation; the other, fat re-
beIIion-little less.
IL was very ominous to read the words
Of the extraordinary resolutions passed
by the Burgcsses on the 5oth of May.