The Freeman 1972 - The Ludwig von Mises Institute

1972 THE FIRST AMERICAN CRISIS: 1763-1766 119That Grenville meant businessshould have been clear from hisorders to customs officials in 1763.Appointments to major customsposts in the colonies had long beensinecures for Englishmen. Quiteoften they drew their pay whilecontinuing to reside in Britain.Grenville decreed that henceforththey must reside in America.Many who held such positions resignedrather than to go to Iive inthe colonies, and new officers wereappointed in their stead.Grenville took the lead in gettingmuch new legislation for thecolonies in 1764. The key· piece oflegislation is the one usually referredto as the Sugar Act, thoughit dealt with a great deal morethan sugar. The act lowered theduties on molasses coming into thecolonies, prohibited the importationof rum, added items to theenumerated lists, and providedstrenuous regulations on shippingfor its enforcement. The greatestdeparture from precedent in it wasthat it was designed to raise revenue.The preamble reads, in part:"Whereas it is expedient that newprovisions and regulations shouldbe established for improving therevenue of this kingdom ...: andwhereas it is just and necessary,that a revenue be raised, in yourMajesty's said dominions in America,for defraying the expences ofdefending, protecting, and securingthe same; we ... have resolvedto give and grant unto your Majestythe several rates and dutiesherein after mentioned."8Regulations on ShippingEven more galling to many peopleinvolved may have been theonerous regulations on shippingfrom the British West Indies. Captainsof vessels had to haveaffidavits,certificates, definitive listingsof goods, and had to postbond. Moreover, the burden ofproof that he had in every waycomplied with the law was placedon the shipper in order to reclaima vessel after it had been seizedby the authorities. The Act read,in part: "... if any ship or goodsshall be seized for any cause offorfeiture, and any dispute shallarise whether the customs and dutiesfor such goods have been paid,or the same have been lawfullyimported or exported, or concerningthe growth, product, or manufacture,of such goods ... , theproof thereof shall lie upon theowner or claimer...."9 In addition,the act provided mandatorydecisions for juries, partially, atleast, taking discretion from them."The result of these provisionswas to free· customs officers fromvirtually all responsibility fortheir actions.· . . . Small wonder8 Greene, op. cit., p. 19.9 Ibid., p. 24.