Chapter XVIII: 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."