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."
Religion Brief
Narrative and Critical History of America, Vol. VI (of 8) — Part 15
2026-11-15 14:42:58 · The Daily Ledger
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