Section 6. "And for the more effectual preventing of frauds, and

regulating abuses in the plantation trade, in America, be it further

enacted by the authority aforesaid, that all ships coming into, or

going out of any of the said plantations, and lading, or unlading any

goods or commodities, whether the same be his majesty's ships of war,

or merchant ships, and the masters and commanders thereof, and their

ladings, shall be subject and liable to the same rules, visitations,

searches, penalties, and forfeitures, as to the entering, landing,

and discharging their respective ships and ladings, as ships and

their ladings, and the commanders and masters of ships, are subject

and liable unto in this kingdom, by virtue of an act of parliament

made in the fourteenth year of the reign of king Charles 2d.

intituled, an act for preventing frauds, and regulating abuses in

his majesty's customs. And that the officers for collecting and

managing his majesty's revenue, and inspecting the plantation trade,

and in any of the said plantations, shall have the same powers and

authorities, for visiting and searching of ships, and taking their

entries, and for seizing and securing, or bringing on shore any

of the goods prohibited to be imported or exported into or out of

any the said plantations, or for which any duties are payable, or

ought to have been paid, by any of the before mentioned acts, as

are provided for the officers of the customs in England by the said

last mentioned act, made in the fourteenth year of the reign of king

Charles 2d.; and also to enter houses or warehouses, to search for

and seize any such goods; and that all the wharfingers, and owners of

keys and wharves, or any lightermen, bargemen, watermen, porters, or

other persons assisting in the conveyance, concealment, or rescue of

any of the said goods, or in the hindering or resistance of any of

the said officers in the performance of their duty, and the boats,

barges, lighters, or other vessels employed in the conveyance of

such goods, shall be subject to the like pains and penalties as are

provided by the same act made in the fourteenth year of the reign

of king Charles 2d. in relation to prohibited or unaccustomed goods

in this kingdom; and that "_the like assistance_" shall be given to

the said officers in the execution of their office, as by the said

last mentioned act is provided for the officers in England; and

also, that the said officers shall be subject to the same penalties

and forfeitures, for any corruptions, frauds, connivances, or

concealments, in violation of any the before mentioned laws, as any

officers of the customs in England are liable to, by virtue of the

last mentioned act; and also, that in case any officer or officers

in the plantations shall be seized or molested for any thing done

in the execution of their office, the said officer shall and may

plead the general issue, and shall give this or other custom acts in

evidence, and the judge to allow thereof, have and enjoy the like

privileges and advantages, as are allowed by law to the officers of

his majesty's customs in England."

Could it be pretended, that the superior court of judicature, court

of assize, and general goal delivery in the province of Massachusetts

bay had all the powers of the court of exchequer in England, and

consequently could issue warrants like his majesty's court of

exchequer in England? No custom house officer dared to say this,

or to instruct his counsel to say it. It is true, this court was

invested with all the powers of the courts of king's bench, common

pleas and exchequer in England. But this was a law of the province,

made by the provincial legislature, by virtue of the powers vested in

them by the charter.

Otis called and called in vain for their warrant from "his majesty's

court of exchequer." They had none, and they could have none from

England, and they dared not say, that Hutchinson's court was "his

majesty's court of exchequer." Hutchinson himself dared not say it.

The principle would have been fatal to parliamentary pretensions.

This is the second and the last time, I believe, that the word

"_assistance_" is employed in any of these statutes. But the words

"writs of assistance" were no where to be found; in no statute,

no law book, no volume of entries; neither in Rastall, Coke, or

Fitzherbert, nor even in Instructor Clericalis, or Burns's Justice.

Where, then, was it to be found? No where, but in the imagination

or invention of Boston custom house officers, royal governors, West

India planters, or naval commanders.

It was indeed a farce. The crown, by its agents, accumulated

construction upon construction, and inference upon inference, as the

giants heaped Pelion upon Ossa. I hope it is not impious or profane

to compare Otis to Ovid's jupiter. But "_misso fulmine perfregit

Olympum, et excussit Subjecto Pelio Ossam_." He dashed this whole

building to pieces, and scattered the pulverized atoms to the four

winds; and no judge, lawyer, or crown officer dared to say, why do

you so? They were all reduced to total silence.

In plain English, by cool, patient comparison of phraseology of these

statutes, their several provisions, the dates of their enactments,

the privileges of our charters, the merits of the colonists, &c.

he shewed the pretensions to introduce the revenue acts, and these

arbitrary and mechanical writs of assistance, as an instrument for

the execution of them to be so irrational; by his wit he represented

the attempt as so ludicrous and ridiculous; and by his dignified

reprobation of an impudent attempt to impose on the people of

America; he raised such a storm of indignation, that even Hutchinson,

who had been appointed on purpose to sanction this writ, dared not

utter a word in its favour; and Mr. Gridley himself seemed to me to

exult inwardly at the glory and triumph of his pupil.

This, I am sure, must be enough, at this time, and from this text to

fatigue you, as it is more than enough to satisfy your most obedient,

&c.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _August_ 11, 1818.

DEAR SIR,

The "Defence of the New England charters by Jer. Dummer," is, both

for style and matter, one of our most classical American productions.

"The feelings, the manners and principles which produced the

revolution," appear in as vast abundance in this work, as in any,

that I have read. This beautiful composition ought to be reprinted

and read by every American who has learned to read. In pages 30 and

31, this statute of 7th and 8th of king William, ch. 22. sec. 9th, is

quoted, "All laws, by-laws, usages or customs, at this time, or which

hereafter shall be in practice, or endeavoured or pretended to be in

force or practice in any of the plantations, which are in any wise

repugnant to this present act, or any other law hereafter to be made

in this kingdom, so far as such law shall relate to and mention the

plantations, are illegal, null and void to all intents and purposes

whatsoever." This passage Mr. Otis quoted, with a very handsome

eulogium of the author and his book. He quoted it for the sake of

the rule established in it by parliament itself for the construction

of its own statutes. And he contended that by this rule there could

be no pretence for extending writs of assistance to this country. He

also alluded to many other passages in this work, very applicable to

his purpose, which any man who reads it must perceive, but which I

have not time to transcribe.

If you, or your inquisitive and ingenious son, or either of my sons

or grandsons or great grand sons, should ever think of these things,

it may not be improper to transcribe from a marginal note at the end

of this statute, an enumeration of the "Further provisions concerning

plantations." II. W. 3, c. 12; 3, 4 of An. c. 5 and 10; 6 of An. c.

30; 8 of An. c. 13; 9th of An. c. 17; 10 An. c. 22 and 26; 4 Geo. 1,

c. 11; 5 Geo. 1, c. 12 and 15; 13 Geo. 1, c. 5; 3 Geo. 2, c. 12 and

28; 4 Geo. 2, c. 15; 5 Geo. 2, c. 7 and 9; 6 Geo. 2, c. 15; 8 Geo. 2,

c. 13; 8 Geo. 2, c. 19; 12 Geo. 2, c. 30; 15 Geo. 2, c. 31 and 33; 24

Geo. 2, c. 51 and 53; 29 Geo. 2, c. 5 and 35; and 30 Geo. 2, 9.

The vigilance of the crown officers and their learned counsel on one

side, and that of merchants, patriots and their counsel on the other,

produced every thing in any of these statutes which could favor their

respective arguments. It would not only be ridiculous in me, but

culpable to pretend to recollect all that were produced. Such as I

distinctly remember I will endeavour to introduce to your remembrance

and reflections.

Molasses or melasses or molosses, for by all these names, they are

designated in the statutes. By the statute of the second year of our

glorious deliverers, king William and queen Mary, session second,

chapter four, section 35. "For every hundred weight of molosses,

containing 112 pounds, imported from any other place than the English

plantations in America, eight shillings over and above what the same

is charged within the book of rates."

The next statute that I recollect, at present, to have been

introduced upon that occasion, was the sixth of George the second,

ch. thirteen, "An act for the better securing and encouraging the

trade of his majesty's sugar colonies in America."

Cost what it will, I must transcribe the first section of this

statute, with all its parliamentary verbiage. I hope some of my

fellow citizens of the present or some future age will ponder it.

"Whereas, the welfare and prosperity of your majesty's sugar colonies

in America, are of the greatest consequence and importance, to the

trade, navigation and strength of this kingdom; and whereas, the

planters of the said sugar colonies have of late years, fallen under

such great discouragements, that they are unable to improve or carry

on the sugar trade, upon an equal footing with the foreign sugar

colonies, without some advantage and relief be given to them from

G. Britain: For remedy whereof, and for the good and welfare of

your majesty's subjects, we your majesty's most dutiful and loyal

subjects, the commons of Great Britain, assembled in parliament, have

_given and granted_ unto your majesty, the several and respective

rates and duties hereinafter mentioned, and in such manner and

form as is hereinafter expressed; and do most humbly beseech your

majesty, that it may be enacted, and be it enacted by the king's most

excellent majesty, by and with the consent of the lords spiritual

and temporal, and commons in this present parliament assembled, and

by the authority of the same, that from and after the twenty fifth

day of December, one thousand seven hundred and thirty-three, there

shall be raised, levied, collected, and paid, unto and for the use

of his majesty, his heirs and successors, upon all rum or spirits of

the produce or manufacture of any of the colonies or plantations in

America, not in the possession or under the dominion of his majesty,

his heirs and successors, which at any time or times, within or

during the continuance of this act, shall be imported or brought

into any of the colonies or plantations in America, which now are,

or hereafter may be, in the possession or under the dominion of his

majesty, his heirs or successors, the sum of nine pence, money of

Great Britain, to be paid according to the proportion and value of

five shillings and six pence the ounce in silver, for every gallon

thereof, and after that rate for any greater or lesser quantity; and

upon all molasses or syrups of such foreign produce or manufacture,

as aforesaid, which shall be imported or brought into any of the said

colonies of or belonging to his majesty, the sum of six pence of like

money for every gallon thereof, and after that rate for any greater

or lesser quantity; and upon all sugars and paneles of such foreign

growth, produce or manufacture as aforesaid, which shall be imported

into any of the said colonies or plantations of or belonging to his

majesty, a duty after the rate of five shillings of like money for

every hundred weight avoirdupois of the said sugar and paneles, and

after that rate for a greater or lesser quantity."

Now, sir, will you be pleased to read judge Minot's history, vol. 2d,

from page 137 to 140, ending with these words: "But the strongest

apprehensions arose from the publication of the orders for the strict

execution of the molasses act, which is said to have caused a greater

alarm in the country, than the taking of fort William Henry did in

the year 1757." This I fully believe, and certainly know to be true;

for I was an eye and an ear witness to both of these alarms. Wits

may laugh at our fondness for molasses, and we ought all to join in

the laugh with as much good humor as general Lincoln did. General

Washington, however always asserted and proved, that Virginians

loved molasses as well as New Englandmen did. I know not why we

should blush to confess that molasses was an essential ingredient in

American independence. Many great events have proceeded from much

smaller causes.

Mr. Otis demonstrated how these articles of molasses and sugar,

especially the former, entered into all and every branch of our

commerce, fisheries, even manufactures and agriculture. He asserted

this act to be a revenue law, a taxation law, made by a foreign

legislature without our consent, and by a legislature who had no

feeling for us, and whose interest prompted them to tax us to the

quick. Pray, Mr. Tudor, calculate the amount of these duties upon

molasses and sugar. What an enormous revenue for that age! Mr. Otis

made a calculation and shewed it to be more than sufficient to

support all the crown officers.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _August_ 16, 1818.

DEAR SIR,

We cannot yet dismiss this precious statute of the 6th of George 2d.

chapter 13.

The second section I must abridge, for I cannot transcribe much more.

It enacts, that all the duties imposed by the first section, shall be

paid down in ready money by the importer, before landing.

The third section must be transcribed by me or some other person,

because it is the most arbitrary among statutes, that were all

arbitrary, the most unconstitutional among laws, which were all

unconstitutional.

Section 3d. "And be it further enacted, that in case any of the said

commodities shall be landed, or put on shore in any of his majesty's

said colonies or plantations in America, out of any ship or vessel,

before due entry be made thereof, at the port or place where the

same shall be imported, and before the duties by this act charged or

chargeable thereupon, shall be duly paid, or without a warrant for

the landing and delivering the same, first signed by the collector,

or impost officer, or other proper officer or officers of the custom

or excise, belonging to such port or place respectively, all such

goods as shall be so landed or put on shore, or the value of the

same, shall be forfeited; and all and every such goods as shall be so

landed or put on shore, contrary to the true intent and meaning of

this act, shall, and may be seized by the governor or commander in

chief, for the time being, of the colonies or plantations, where the

same shall be so landed or put on shore, or any person or persons, by

them authorized in that behalf, or by warrant of any Justice of the

peace or other magistrate, (which warrant such justice or magistrate

is hereby empowered and required to give upon request) or by any

custom house officer, impost, or excise officer, or any person or

persons, him or them accompanying, aiding and assisting, and _all and

every such offence and forfeitures shall, and may be prosecuted for

and recovered in any court of admiralty in his majesty's colonies

or plantations in America, (which court of admiralty is hereby

authorized, impowered and required to proceed to hear, and finally

determine the same) or in any court of record in the said colonies

or plantations, where such offence is committed, at the election of

the informer or prosecutor, according to the course and method used

and practised there in prosecutions for offences against penal laws

relating to customs or excise_; and such penalties and forfeitures

so recovered there, shall be divided as follows, viz: one third part

for the use of his majesty, his heirs and successors, to be applied

for the support of the government of the colony or plantation,

where thesame shall be recovered, one third part to the governor or

commander in chief, of the said colony or plantation, and the other

third part to the informer or prosecutor, who shall sue for the same."

Section five contains the penalties on persons assisting in such

unlawful importation.

Section 6th. "Fifty pound penalty on molesting an officer on his

duty. Officer, if sued, may plead the general issue. Fifty pound

penalty, on officer conniving at such fraudulent importation."

Section 7th. "One hundred pound penalty, on master of ship, &c.

permitting such importation."

Section 8th. "The _onus probandi_ in suits to lie on the owners."

Section 12. "Charge of prosecution to be borne out of the king's part

of seizures, forfeitures and penalties."

George 2d. was represented and believed in America to be an honest,

well meaning man; and although he consented to this statute and

others which he thought sanctioned by his predecessors, especially

king William, yet it was reported and understood, that he had

uniformly resisted the importunities of ministers, governors,

planters, and projectors, to induce him to extend the system of

taxation and revenue in America, by saying, that "he did not

understand the colonies; he wished their prosperity. They appeared to

be happy at present; and he would not consent to any innovations; the

consequences of which he could not foresee."

Solomon, in all his glory, could not have said a wiser thing. If

George 3d. had adopted this sentiment, what would now be the state of

the world? Who can tell? or who can conjecture?

The question now was concerning the designs of a new reign, and of

a young prince. This young king had now adopted the whole system of

his predecessors, Stuarts, Oranges, and Hanoverians, and determined

to carry it into execution, right or wrong; and that, by the most

tyrannical instruments, that ever were invented; writs of assistance.

What hope remained for an American, who knew, or imagined he knew,

the character of the English nation, and the character of the

American people? To borrow a French word, so many _reminiscences_

rush upon me, that I know not which to select, and must return for

the present to Mr. Otis. By what means this young inexperienced king

was first tempted by his ministers, to enter with so much spirit into

this system, may be hereafter explained.

Mr. Otis analyzed this statute, 6. George 3d. c. 13, with great

accuracy. His calculations may be made by any modern mathematician

who will take the pains. How much molasses, for example, was then

subject to this tax; suppose a million gallons, which is far less

than the truth. Six pence a gallon was full one half of the value

of the article. It was sold at market for one shilling; and I have

known a cargo purchased at a pistareen. The duties on a million

gallons, would then be twenty five thousand pounds sterling a year;

a fund amply sufficient, with the duties on sugars, &c. and more

than sufficient, at that time, to pay all the salaries of all the

governors upon the continent, and all judges of admiralty too.

Mr. King, formerly of Massachusetts, now of New-York, in a late,

luminous and masterly speech, in senate, page 18, informs us, from

sure sources, that "we import annually upwards of six million gallons

of West India rum." The Lord have mercy on us! "More than half of

which comes from the English colonies. We also import every year,

nearly seven millions of gallons of molasses; and as every gallon of

molasses yields, by distillation, a gallon of rum, the rum imported,

added to that distilled from molasses, is probably equal to twelve

millions of gallons, which enormous quantity is chiefly consumed,

besides whiskey, by citizens of the United States." Again, I devoutly

pray, the Lord have mercy on us!

But calculate the revenue, at this day, from this single act of

George 2d. It would be sufficient to bribe any nation, less knowing

and less virtuous, than the people of America, to the voluntary

surrender of all their liberties.

Mr. Otis asserted this to be a revenue law; a taxation law; an

unconstitutional law; a law subversive of every end of society

and government; it was null and void. It was a violation of all

the rights of nature, of the English constitution, and of all

the charters and compacts with the colonies; and if carried into

execution by writs of assistance, and courts of admiralty, would

destroy all security of life, liberty, and property. Subjecting all

these laws to the jurisdiction of judges of admiralty, poor dependent

creatures; to the forms and course of the civil law, without juries,

or any of the open, noble examination of witnesses, or publicity

of proceedings, of the common law, was capping the climax, it was

clenching the nail of American slavery.

Mr. Otis roundly asserted, that this statute, and the preceding

statutes, never could be executed. The whole power of Great Britain

would be ineffectual; and by a bold figure, which will now be thought

exaggeration, he declared, that if the king of Great Britain in

person were encamped on Boston common, at the head of twenty thousand

men, with all his navy on our coast, he would not be able to execute

these laws. They would be resisted or eluded.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

_Quincy_, _August_ 21, 1818.

DEAR SIR,

Mr. Otis quoted another author, "The political and commercial works

of Charles D'Avenant, L.L. D. vol. 2. discourse 3 On the plantation

trade." I cannot transcribe seventy six pages, but wish that

Americans of all classes would read them. They are in the same strain

with Downing, Child, Gee, Ashley, Charles 2, James 2, William and

Mary, William 3, Ann, George 2, and George 3; all conspiring to make

the people of North America hewers of wood and drawers of water, to

plantation governors, custom house officers, judges of admiralty,

common informers, West India planters, naval commanders, in the first

place; and, after all these worthy people should be amply supported,

nourished, encouraged and pampered, if any thing more could be

squeezed from the hard earnings of the farmers, the merchants, the

tradesmen and labourers in America, it was to be drawn into the

exchequer in England, to aggrandize the British navy.

Mr. Otis proceeded to another species of statutes, relative to

our internal policy, even our domestic manufactures and fireside

comforts; I might say, our homespun blankets and woollen sheets, so

necessary to cover some of us, if not all of us, in our slumbers

in the long nights of our frozen winters. I shall refer to these

statutes as they occur, without any regard to order, and shall not

pretend to transcribe any of them.

"Furs of the plantations to be brought to Great Britain. 8 Geo. 1. c.

15. ss. 24."

"Hats, not to be exported from one plantation to another. 5 Geo. 2.

c. 22."

"Hatters in America, not to have more than two apprentices. 5 Geo. 2.

c. 22. ss. 7."

"Slitting mills, steel furnaces, &c. not to be erected in the

plantations. 23 Geo. 2. c. 29. ss. 9."

"No wool, or woollen manufacture of the plantations shall be

exported. 10 & 11 Wm. 3. c. 10. ss. 19."

"Exporting wool, contrary to the regulations, forfeiture of the ship,

&c. 12 Geo. 2. c. 21. ss. 11."

I cannot search for any more of these mincing laws. Mr. Otis

alternately laughed and raged against them all. He said one member

of parliament had said, that a hobnail should not be manufactured in

America; and another had moved that Americans should be compelled

by act of parliament, to send their horses to England to be shod.

He believed, however, that this last was a man of sense, and meant,

by this admirable irony, to cast a ridicule on the whole selfish,

partial, arbitrary and contracted system of parliamentary regulations

in America.

Another statute there is, and was quoted by Mr. Otis, by which wool

was prohibited to be water-borne in America; in consequence of which,

a fleece of wool could not be conveyed in a canoe across a river or

brook, without seizure and forfeiture.

But I am wearied to death by digging in this mud; with searching

among this trash, chaff, rubbish of acts of parliament; of that

parliament which declared it had a right to legislate for us, as

sovereign, absolute and supreme, in all cases whatsoever. But I

deny that they ever had any right to legislate for us, in any case

whatsoever. And on this point we are and were at issue, before God

and the world. These righteous judges have decided the question; and

it is melancholy that any Americans should still doubt the equity and

wisdom of the decision.

Such were the bowels of compassion, such the tender mercies of our

pious, virtuous, our moral and religious mother country, towards her

most dutiful and affectionate children! Such they are still; and

such they will be, till the United States shall compel that country

to _respect_ this. To this end, poor and destitute as I am, I would

cheerfully contribute double my proportion of the expense of building

and equipping thirty ships of the line, before the year 1820.

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