Authors: A. J. Langguth
Patriots
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F
OR
D
ORIS
L
ANGGUTH
(1906-1988)
1761–62
J
OHN
A
DAMS
, a twenty-five-year-old lawyer from the country, looked around Boston’s Town House and was dazzled by its splendor. Adams had never been to London, but he was sure that nothing in the House of Commons could be more imposing than the sight of five judges in scarlet robes and luminous white wigs, seated in front of a marble fireplace. On the wall were portraits of two former British kings, Charles II and James II, which had been sent from London years before. They had been stored in an attic until a recently installed governor of Massachusetts, Francis Bernard, had discovered them and had them cleaned and mounted in magnificent gold frames. Adams was aware that both kings were autocrats and he suspected that giving them such a place of honor showed Bernard’s political bias. But he thought them beautiful, worthy of Rubens or Vandyke.
Adams had come on this overcast morning in February 1761 to see the climax to a political drama that had been unfolding for months. Normally, the day’s proceedings would have been routine: a new king had recently taken the throne in England, and a document called the writ of assistance had to be approved once again by the colony’s Superior Court. But the writ was in fact a general search warrant, and it represented a serious economic threat around Boston Harbor. When ships sailed past the islands in the channel and came to anchor at one of Boston’s long wooden wharves, they were often smuggling illegal goods along with their legitimate cargo.
Molasses was especially popular, since it could be shipped legally only from British ports. Some sixty distillers around Massachusetts turned the molasses into millions of gallons of rum each year, and the traders who supplied them bought a better quality at French and Dutch ports in the West Indies and avoided the British taxes. Over the past twenty years, Bostonians had suffered economic depressions, and they were worried now that London’s attempt to enforce the customs law might set off more hard times. That would affect not only the merchants but also the men who built the ships and sailed them, the distillers and shopkeepers, the artisans who supplied silver buckles and candlesticks, even the town’s hundreds of teenage apprentices in their leather aprons.
The persistent war between England and the French and their Indian allies had provided an economic boom for a few profiteers, but the peace that now seemed assured might bring inflation and greater debt. Boston’s wealthiest merchants enjoyed a cushion against a depression; five hundred of the sixteen thousand residents owned nearly fifty percent of the town’s assets. But one out of three adult men had no property or even a regular job, and they hung about the wharves taking whatever work they found or signing on as sailors. Some were forced to leave the capital altogether for one of the smaller communities—Salem, Gloucester, Marblehead.
British law already gave the crown’s tax collectors permission to search a ship while it lay at anchor in the bay, although few had ever been zealous about making the effort. Some of those appointed were Londoners who never bothered to come to America. Others could be bribed. Britain spent eight thousand pounds each year on salaries for the customs service and collected two thousand pounds
in taxes. But the writs that were to be reauthorized were more menacing because they allowed officials to break into a man’s warehouse or even his home to find contraband. Disruptions during the war with the French had prevented the writs from being widely used, but now, with Britain moving to enforce the law, merchants in Boston and Salem had responded by challenging the writs’ legality and had hired two prominent lawyers to argue the case before the Massachusetts Bay Colony’s highest court.
This public aspect of the dispute was what had drawn Adams to the Town House. But, like most observers, he knew there were also personal resentments that could affect the case’s outcome. At the center was Thomas Hutchinson. Despite his lack of training as a lawyer, Hutchinson had been appointed by Governor Bernard three months earlier to replace the chief justice who had died. For thirty years, Massachusetts lawyers had been struggling to win respectability for their calling, and many were disgusted that their profession’s highest honor had gone to a man who was reading elementary law texts at night to prepare for court. John Adams was a self-conscious young man, desperately ambitious, and he had come to the capital from the town of Braintree to make his reputation. He thought he understood why Hutchinson had been named to the high court. The previous chief justice had expressed doubts that the writs were legal. Hutchinson was known to support them. But the significance of his appointment went far beyond that.