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Novanglus, and Massachusettensis

John Adams primary

passage 248 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." (5/14)

in brief
Adams quotes a customs enforcement section requiring governors and officers to swear to obey laws and describes writs of assistance authorizing daytime searches, forcible entry, seizure, and forfeiture for concealed, duty-unpaid goods.

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.

  1. Sir Josiah Child, "A new discourse of trade." Let me recommend this old book to the perusal of my inquisitive fellow citizens. A discerning mind will find useful observations on the interest of money, the price of labour, &c. &c. &c. I would quote them all, if I had time. But I will select one. In page 15, of his preface, he says, "I understand not the world so little, as not to know, that he that will faithfully serve his country, must be content to pass through good report, and evil report." I cannot agree to that word, "content." I would substitute instead of it, the words, "as patient as he can." Sir Josiah adds, "neither regard I, which I meet with." This is too cavalierly spoken. It is not sound philosophy. Sir Joshua proceeds: "Truth I am sure at last will vindicate itself, and be found by my countrymen." Amen! So be it! I wish I could believe it.

But it is high time for me to return from this ramble to Mr. Otis's quotations from Sir Joshua Child, whose chapter four, page 105, is "concerning the act of navigation." Probably this knight was one of the most active and able inflamers of the national pride in their navy and their commerce, and one of the principal promoters of that enthusiasm for the act of navigation, which has prevailed to this day. For this work was written about the year 1677, near the period when the court of Charles 2d. began to urge and insist on the strict execution of the act of navigation. Such pride in that statute did not become Charles, his court or his nation of royalists and loyalists, at that time. For shall I blush, or shall I boast, when I remember, that this act was not the invention of a Briton, but of an American. George Downing, a native of New England, educated at Harvard College, whose name, office, and title appear in their catalogue, went to England in the time of lord Clarendon's civil wars, and became such a favourite of Cromwell and the ruling powers, that he was sent ambassador to Holland. He was not only not received, but ill treated, which he resented on his return to England, by proposing an act of navigation, which was adopted, and has ruined Holland, and would have ruined America, if she had not resisted.

To borrow the language of the great Dr. Johnson this "Dog" Downing must have had a head and brains, or in other words genius and address: but if we may believe history, he was a scoundrel. To ingratiate himself with Charles 2d. he probably not only pleaded his merit in inventing the navigation act, but he betrayed to the block some of his old republican and revolutionary friends.

George Downing! Far from boasting of thee as my countryman, or of thy statute as an American invention; if it were lawful to wish for any thing past, that has not happened, I should wish that thou hadst been hanged, drawn, and quartered, instead of Hugh Peters, and Sir Henry Vane. But no! This is too cruel for my nature! I rather wish, that thou hadst been obliged to fly with thy project, and report among the rocks and caves of the mountains in New England.

But where is Downing's statute? British policy has suppressed all the laws of England, from 1618 to 1660. The statute book contains not one line. Such are records, and such is history.

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topics: crime and punishment · custom and unwritten law · justice as a virtue · taxation, tribute, and revenue

Novanglus, and Massachusettensis · John Adams · 1774–1775