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with their food, regulated all their enterprises, and finally claimed a right, "to bind them in all cases whatsoever."

The northern colonies had no great staple of agriculture, to employ their labour and afford them wealth. Industry and enterprise might make them amends, by enabling them to secure the comforts, and gradually to accumulate the wealth, that would furnish the luxuries of life; but they found their exertions impeded in every direction. Even the fisheries, which formed a very important part of their employment, were put in jeopardy, by some of the regulations consequent on the "Acts of Trade." They seemed in fact to be made the victims of every separate interest in the Empire, and in all cases of rivalry they were the party to be sacrificed; they were not allowed to manufacture, because the manufactures of the parent country would be injured; they were confined in their navigation, because the shipping interest in England would suffer; they were not allowed to sell their fish for French and Spanish molasses, because the sugar colonies would not have the monopoly of supplying them; they could not import teas from Holland, because it interfered with the East India Company; they could not trade with Spain and Portugal nor any other nation, because it infringed the navigation laws.* Under this colonial system, thwarted

*Yet not satisfied with this exclusive possession of their trade, the English government claimed the right of unlimited taxation. "Whether," says Burke, "you were right or wrong, in establishing the colonies on the princi

in every movement, they received no equivalent for their deprivations, and were constantly restive and refractory: the system indeed was wholly inapplicable to them, unless they were doomed to poverty, ignorance, and insignificance. Under such a system, it was truly remarked by Sir Josiah Child, and steadily inculcated by all his followers; "that New England is the most prejudicial plantation to the kingdom of England." Yet what a fine illustration is given by this very country, to the beneficent effects of a liberal spirit in the regulations of commerce, and the incalculable advantages of destroying colonial monopoly. Since this "prejudicial plantation of New England," has formed part of a free country, has been allowed full scope to its industry, sending its ships wherever the wind bloweth; it has increased in its consumption of English products a thousand fold, without costing England a dollar for government or protection.

ples of commercial monopoly, rather than on that of revenue, is at this day a problem of mere speculation. You cannot have both by the same authority. To join together the restraints of an universal internal and external taxation, is an unnatural union: perfect uncompensated slavery. You have long since decided for yourself and them; and you and they have prospered Exceedingly under that decision."

Chapter T.

Application for Writs of Assistance--Hutchinson appointed Chief Justice Dissatisfaction of Otis-Chief Justice Pratt--Oxenbridge Thacher-Opening of the Cause of the Writs of Assistance by Gridley and Thacher.

IMMEDIATELY after the conquest of Canada was completed, rumors were widely circulated, that a different system would be pursued, that the charters would be taken away, and the colonies reduced to royal governments. The offices of the customs began at once to enforce with strictness, all the acts of parliament regulating the trade of the colonies, several of which had been suspended, or become obsolete, and thus had never been executed at all. The good will of the colonists or their legislatures, was no longer wanted in the prosecution of the war; and the commissioners of the customs were permitted and directed to enforce the obnoxious Governor Bernard, who was always a suppor ter of the royal prerogative, entered fully into these views, and shewed by his opinion, his appointments and his confidential advisers, that his object would be, to extend the power of the government to any limits, which the ministry might authorize.

acts.

The first demonstration of the new course intended to be pursued, was the arrival of an order in Council to carry into effect the Acts of trade, and to apply to the supreme judicature of the Province,

for Writs of Assistance, to be granted to the officers of the customs. In a case of this importance there can be no doubt, that Mr. Paxton, who was at the head of the customs in Boston, consulted with the Government and all the crown officers, as to the best course to be taken. The result was, that he directed his deputy at Salem, Mr. Cockle, in November 1760, to petition the Superior Court, then sitting in that town, for "writs of assistance." Stephen Sewall* who was the Chief Justice, expressed great doubt of the legality of such a writ, and of the authority of the Court to grant it. None of the other judges said a word in favour of it; but as the application was on the part of the Crown, it could not be dismissed without a hearing, which after consultation was fixed for the next term of the Court, to be held in February, 1761, at Boston, when the question was ordered to be argued. In the interval, Chief Justice Sewall died, and Lieutenant Governor Hutchinson was made his successor, thereby uniting in his person, the office of Lieutenant Governor with the emoluments of the commander of the castle, a member of the Council, Judge of Probate and Chief Justice of the Supreme Court! This

Stephen Sewall, then Chief Justice of the Supreme Court, belonged to one of the most respectable families in New England, which has produced several learned and able men. This gentleman stood very high in public esteem, for his honour, integrity, moderation, and great benevolence. He died in December, 1760; and the loss of this impartial, high minded magistrate, at that critical period, was rightly esteemed a public misfortune.

+ Besides these offices held by himself, one of his brothers in law was Secretary of State, and then a judge of the Supreme Court, and a mem

appointment was unexpected and alarming to all reflecting minds; because it was evident, that this important place could not have been given to a man who already held so many offices, some of which were quite incompatible with the place of Chief Justice, unless seconding the designs of government in all cases, was to be the excuse and the return for such extraordinary favours.

There were some circumstances of a personal kind connected with this appointment, that formed the ground work for very malicious and absurd misrepresentation. It was generally believed, that the place of Chief Justice, whenever it should become vacant, had been promised by Governor Shirley to James Otis's father, and that revenge for the disappointment was the cause of all his subsequent opposition. The language that was imputed to him by common report on this occasion, and which has been transmitted down, was according to one version, "that he would set the province in flames, though he perished in the fire" or according to another, in part of a well known line, Acheronta moveba:* though neither of these speeches was ever authenticated. That Otis should have perceived, as clearly as any man, the impropriety and the danger of giving so many incongruous offices to one individual; that he would readily infer that the nomina

ber of the Council. Afterwards one of them was Commissioner of stamps, and when Hutchinson became Governor, his sons were consignees of the Tea: the greediness of this family was uniform.

Flectere si nequeo Superos, Acheronta movebo.

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