Her navigation laws had shut their ports against foreign vessels; obliged them to export their productions only to countries belonging to the British crown; to import European goods solely from England, and in English ships; and had subjected the trade between the colonies to duties. All manufactures, too, in the colonies that might interfere with those of the mother country had been either totally prohibited, or subjected to intolerable restraints.
The acts of Parliament, imposing these prohibitions and restrictions, had at various times produced sore discontent and opposition on the part of the colonies, especially among those of New England. The interests of these last were chiefly commercial, and among them the republican spirit predominated. They had sprung into existence during that part of the reign of James I. when disputes ran high about kingly prerogative and popular privilege.
The Pilgrims, as they styled themselves, who founded Plymouth Colony in 1620, had been incensed while in England by what they stigmatized as the oppressions of the monarchy, and the established church. They had sought the wilds of America for the indulgence of freedom of opinion, and had brought with them the spirit of independence and self-government. Those who followed them in the reign of Charles I. were imbued with the same spirit, and gave a lasting character to the people of New England.
Other colonies, having been formed under other circumstances, might be inclined toward a monarchical government, and disposed to acquiesce in its exactions; but the republican spirit was ever alive in New England, watching over "natural and chartered rights," and prompt to defend them against any infringement. Its example and instigation had gradually an effect on the other colonies; a general impatience was evinced from time to time of parliamentary interference in colonial affairs, and a disposition in the various provincial Legislatures to think and act for themselves in matters of civil and religious, as well as commercial polity.
There was nothing, however, to which the jealous sensibilities of the colonies were more alive than to any attempt of the mother country to draw a revenue from them by taxation. From the earliest period of their existence, they had maintained the principle that they could only be taxed by a Legislature in which they were represented. Sir Robert Walpole, when at the head of the British government, was aware of their jealous sensibility on this point, and cautious of provoking it. When American taxation was suggested, "it must be a bolder man than himself," he replied, "and one less friendly to commerce, who should venture on such an expedient. For his part, he would encourage the trade of the colonies to the utmost; one half of the profits would be sure to come into the royal exchequer through the increased demand for British manufactures. This" said he, sagaciously, "is taxing them more agreeably to their own constitution and laws."
Subsequent ministers adopted a widely different policy. During the progress of the French war, various projects were discussed in England with regard to the colonies, which were to be carried into effect on the return of peace. The open avowal of some of these plans, and vague rumors of others, more than ever irritated the jealous feelings of the colonists, and put the dragon spirit of New England on the alert.
In 1760, there was an attempt in Boston to collect duties on foreign sugar and molasses imported into the colonies. Writs of assistance were applied for by the custom-house officers, authorizing them to break open ships, stores, and private dwellings, in quest of articles that had paid no duty; and to call the assistance of others in the discharge of their odious task. The merchants opposed the execution of the writ on constitutional grounds. The question was argued in court, where James Otis spoke so eloquently in vindication of American rights, that all his hearers went away ready to take arms against writs of assistance. "Then and there," says John Adams, who was present, "was the first scene of opposition to the arbitrary claims of Great Britain. Then and there American Independence was born."
Another ministerial measure was to instruct the provincial governors to commission judges. Not as theretofore "during good behavior," but "during the king's pleasure." New York was the first to resent this blow at the independence of the judiciary. The lawyers appealed to the public through the press against an act which subjected the halls of justice to the prerogative. Their appeals were felt beyond the bounds of the province, and awakened a general spirit of resistance.
Thus matters stood at the conclusion of the war. One of the first measures of ministers, on the return of peace, was to enjoin on all naval officers stationed on the coasts of the American colonies the performance, under oath, of the duties of custom-house officers, for the suppression of smuggling. This fell ruinously upon a clandestine trade which had long been connived at between the English and Spanish colonies, profitable to both, but especially to the former, and beneficial to the mother country, opening a market to her manufactures.
"Men-of-war," says Burke, "were for the first time armed with the regular commissions of custom-house officers, invested the coasts, and gave the collection of revenue the air of hostile contribution. … They fell so indiscriminately on all sorts of contraband, or supposed contraband, that some of the most valuable branches of trade were driven violently from our ports, which caused an universal consternation throughout the colonies." [Footnote: Burke on the state of the nation.]