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Novanglus, and Massachusettensis

John Adams primary

passage 247 of 279 · Section second enacts, all governors shall take a solemn oath to do their utmost, that every clause shall be punctually obeyed. See the statute at large. > Section fifth, which I will quote verbatim. "And be it further enacted by the authority aforesaid, that in case, after the clearing of any ship or vessel, by the person or persons which are or shall be appointed by his majesty for managing the customs or any their deputies, and discharging the watchmen and tidesmen from attendance thereupon, there shall be found on board such ship or vessel, any goods, wares or merchandizes, which have been concealed from the knowledge of the said person or persons, which are or shall be so appointed to manage the customs, and for which the custom, subsidy and other duties due upon the importation thereof have not been paid; then the master, purser, or other person taking charge of said ship or vessel, shall forfeit the sum of one hundred pounds: and it shall be lawful, to or for any person or persons authorized by _writ of assistance under the seal of his majesty's court of exchequer_, to take a constable, headborough, or other public officer, inhabiting near unto the place, and in the day time to enter, and go into any house, shop, cellar, warehouse or room, or other place; and in case of resistance, to break open doors, chests, trunks, and other package, there to seize, and from thence to bring any kind of goods or merchandize whatsoever prohibited and uncustomed, and to put and secure the same, in his majesty's storehouse in the port, next to the place where such seizure shall be made." (4/14)

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in brief
Adams broadens the analogy, claiming the crown’s construction could justify sweeping legal and religious authority in America, then compares George III’s start to another Stuart reign and quotes Chatham’s view of resisting America with slaves.

of a son to a father, and that without the least affectation; while he baffled and confounded all his authorities, and confuted all his arguments and reduced him to silence.

Indeed, upon the principle of construction, inference, analogy, or corollary, by which they extended these acts to America, they might have extended the jurisdiction of the court of king's bench, and court of common pleas, and all the sanguinary statutes against crimes and misdemeanors, and all their church establishment of archbishops and bishops, priests, deacons, deans and chapters; and all their acts of uniformity, and all their acts against conventicles.

I have no hesitation or scruple to say that the commencement of the reign of George the third was the commencement of another Stuart's reign: and if it had not been checked by James Otis and others first, and by the great Chatham and others afterwards, it would have been as arbitrary as any of the four. I will not say it would have extinguished civil and religious liberty upon earth; but it would have gone great lengths towards it, and would have cost mankind even more than the French revolution to preserve it. The most sublime, profound and prophetic expression of Chatham's oratory that he ever uttered was, "I rejoice that America has resisted; two millions of people reduced to servitude, would be fit instruments to make slaves of the rest."

Another statute was produced, 12 C. 2. cap. 19, "An act to prevent frauds and concealments of his majesty's customs and subsidies." "Be it enacted," &c. "that if any person or persons &c. shall cause any goods, for which custom, subsidy, or other duties are due or payable, &c. to be landed or conveyed away, without due entry thereof first made and the customer or collector, or his deputy agreed with; that then and in such case, upon oath thereof made before the lord treasurer, or any of the barons of the exchequer, or chief magistrate of the port or place where the offence shall be committed, or the next adjoining thereto, it shall be lawfull, to and for the lord treasurer, or any of the barons of the exchequer, or the chief magistrate of the port or place, &c. to issue out a warrant to any person or persons, thereby enabling him or them, with the assistance of a sheriff, justice of the peace or constable, to enter into any house in the day time where such goods are suspected to be concealed, and in case of resistance, to break open such houses, and to seize and secure the same goods so concealed; and all officers and ministers of justice are hereby required to be aiding and assisting thereunto."

Such was the sophistry; such the chicanery of the officers of the crown, and such their power of face, as to apply these statutes to America and to the petition for writs of assistance from the superior court.

JOHN ADAMS.

TO THE HON. WM. TUDOR.

Quincy, July 14, 1818.

DEAR SIR,

Mr. Otis, to show the spirit of the acts of trade, those I have already quoted, as well as of those I shall hereafter quote, and as the best commentaries upon them, produced a number of authors upon trade, and read passages from them, which I shall recite, without pretending to remember the order in which he read them.

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topics: empire and the rule of provinces · the nature and attributes of God · tyranny and despotism

Novanglus, and Massachusettensis · John Adams · 1774–1775