enactment was most unfortunate at a time when the influential
classes in New England were deeply irritated at the
enforcement of a policy which was to stop the illicit
trade from which they had so largely profited in the
past. The popular indignation, however, vented
itself against the stamp act, which imposed internal
taxation, was declared to be in direct violation of
the principles of political liberty and self-government
long enjoyed by the colonists as British subjects,
and was repealed as a result of the violent opposition
it met in the colonies. Parliament contented
itself with a statutory declaration of its supremacy
in all matters over every part of the empire; but
not long afterwards the determination of some English
statesmen to bring the colonies as far as practicable
directly under the dominion of British law in all matters
of commerce and taxation, and to control their government
as far as possible, found full expression in the Townshend
acts of 1767 which imposed port duties on a few commodities,
including tea, imported into those countries.
At the same time provision was made for the due execution
of existing laws relating to trade. The province
of New York was punished for openly refusing to obey
an act of parliament which required the authorities
to furnish the British troops with the necessaries
of life. Writs of assistance, which allowed officials
to search everywhere for smuggled goods, were duly
legalised. These writs were the logical sequence
of a rigid enforcement of the laws of trade and navigation,
and had been vehemently denounced by James Otis, so
far back as 1761, as not only irreconcilable with
the colonial charters, but as inconsistent with those
natural rights which a people “derived from
nature and the Author of nature”—an
assertion which obtained great prominence for the
speaker. This bold expression of opinion in Massachusetts
should be studied by the historian of those times in
connection with the equally emphatic revolutionary
argument advanced by Patrick Henry of Virginia, two
years later, against the ecclesiastical supremacy
of the Anglican clergy and the right of the king to
veto legislation of the colony. Though the prerogative
of the crown was thus directly called into question
in a Virginia court, the British government did not
take a determined stand on the undoubted rights of
the crown in the case. English statesmen and lawyers
probably regarded such arguments, if they paid any
attention to them at all in days when they neglected
colonial opinion, as only temporary ebullitions of
local feeling, though in reality they were so many
evidences of the opposition that was sure to show
itself whenever there was a direct interference with
the privileges and rights of self-governing communities.
Both Henry and Otis touched a key-note of the revolution,
which was stimulated by the revenue and stamp acts
and later measures affecting the colonies.