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james otis the pre-revolutionist-第6章

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licts with the Indians and the experiences of the French and Indian war had shown that the Americans were able to hold their own in battle。 

Under these conditions there was a natural growth of public opinion in the colonies tending to independence of action; and to indignant protest against foreign dictation。  In the sixth decade of the eighteenth century many of the leading young men of America talked and wrote of independence as a thing desirable and possible。

In 1755; when James Otis was thirty years of age; his young friend; John Adams; sitting one day in his school house in Connecticut; wrote this in his diary:  〃In another century all Europe will not be able to subdue us。  The only way to keep us from setting up for ourselves is to disunite us。〃

We thus note natural conditions as tending to produce a rebellion of the American colonies; also the inherited disposition of the colonists under the discipline of their times; also the growth of public opinion among the leading spiritsto which we must add the character of the reigning king and of the ministers to whom he entrusted his government as the general conditions antecedent to the revolutionary movement of our fathers。

But there were more immediate and forceful causes which operated to the same end。  Among these should be mentioned as a prevailing influence the right of arbitrary government claimed by Great Britain and at length resisted by the colonists。  The right of arbitrarily controlling the American states was shown in a number of specific acts which we must here discuss。

The first of these was the old Navigation Act of 1651。  The measure adopted by the government of Cromwell had never been strenuously enforced。  It was the peculiarity of all the early legislation of Great Britain relative to the colonies that it was either misdirected or permitted to lapse by disuse。

The colonies thus literally grew; with little home direction。  After the navigation act had been nominally in force for eighty…two years it was revived and supplemented by another measure known as the Importation Act。

This statute; dating from the year 1733; was intended to be an actual device for controlling the commercial relations with the colonies。  By the terms of the Act heavy duties were laid on all the sugar; molasses; and rum which should be imported into the colonies。  The customs were exorbitant and were from the first evaded as far as possible by the American merchants。

This may be regarded as the first actual breach of justice on the one side and good faith on the other; as between the home government and the American dependencies of Great Britain。

The reader will note that the question at issue was from the first commercial。  It was a question of taking something from the colonists and of giving no equivalent; either in value or political rights。  Had the American colonists been willing to be taxed and searched without an equivalent; then would there have been no revolution。

It will be noted from the nature of the question that the issue; since it was a matter of the merchants; was also a matter of the cities。  For the merchant and the city go together。  With the country folk of the pre…revolutionary era; the faultfinding and dispute related always to political questions properto questions of rights as between the king and his subjects; to questions of institutional forms; the best method of governing; etc。

All of these matters; however; could have been easily adjusted; and if there were an 〃if〃 in history they would have been adjusted without revolution and without independence。  The commercial question; however; involving money rights; and implying the privilege and power of the Mother Country to take from the Colonists their property; however small the amount; could but engender resistance; and if the claim were not relinquished could but lead to war and disruption。

The neglected growth of the Colonies had in the meantime established in the seaboard towns of America; usages and customs which were repugnant to British notions of regular and orderly government。  The commercial life had taken a form of its own。

The Americans had built ships and warehouses。  They had engaged in commerce as they would。  They had made their trade as free as possible。  They had ignored the old Navigation Act; and when the Importation Act was passed; it confronted a condition in America。

It applied to a state of affairs that already existed。

The American ship; trading with the West Indies and bringing back to Boston a cargo of molasses or rum; was met at custom house with an exorbitant requisition。  The officer acting under the Importation Act; virtually said; 〃Stand and deliver。〃

If it were a British ship the resistance to the duty would be offered by the land merchants rather than by the sea traders; for the merchants did not desire that the cost of the merchandise to themselves and their customers should be doubled without some equivalent advantage。  No equivalent advantage was either visible or invisible。  What; therefore; should they do but first evade and then openly resist?

There was an epoch of evasion。  This covered a period of about seventeen years; extending from 1733 to 1750。  In the latter year an act was passed by Parliament forbidding the erection of iron works in America。  The manufacture of steel was especially interdicted。  The measure which was in reality directed against shipbuilding included a provision which forbade the felling of pines outside of enclosures。  It was thus sought by indirection to prevent the creation of a merchant marine by the American Colonists and to limit their commerce to British ships。  This measure like the Importation Act was also ignored and resisted。  For eleven years the Americans persisted in their usual course; making iron; cutting pine timber and building ships; importing molasses and rum; evading the duties; and thus getting themselves into the category of smugglers。

It was this precise condition of affairs which led to a still more stringent measure on the part of the home government。  It was determined in Parliament to put an end to the evasion and resistance of the American merchants and importers with respect to the existing laws。  The customs should be collected。  It was deemed best; however; that the new measure should issue from the judiciary。

An appeal was made to the Court of Exchequer in England for the granting of search warrants to be issued in America by the king's officers for the purpose of ferreting out contraband goods。  These warrants granted by the Court of Exchequer were the Writs of Assistance; the name of which appears so frequently and with so much odium in the colonial history of the times。  These writs were granted by the court under pressure of the ministry in the year 1760。

The Writs of Assistance were directed to the officers of the customs in America。  But any officer could arm one of his subordinates; or indeed any other person whom he should designate; with one of the writs; and the person so appointed might act in the name of the king's officer。

The thing to be done was the examination of any place and all places where contraband goods might be supposed to be lodged
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