"Mid the low murmurs of submission, fear and mingled rage, my Hampden raised his voice, and to the laws appealed."
DEAR SIR,
MR. OTIS had reasoned like a philosopher upon the navigation acts, and all the tyrannical acts of Charles 2d.; but when he came to the revenue laws, the orator blazed out. Poor king William! If thy spirit, whether in heaven or elsewhere, heard James Otis, it must have blushed. A stadtholder of Holland, by accident, or by miracle, vested with a little brief authority, in England, cordially adopting the system of George Downing, Josiah Child, and Charles 2d. for the total destruction of that country to which he owed his existence, and all his power and importance in the world. And, what was still worse, joining in the conspiracy, with such worthy characters to enslave all the colonies in Europe, Asia, and America; and indeed all nations, to the omnipotence of the British parliament, and its Royal navy.
The act of parliament of the seventh and eighth of king William 3d. was produced, chapter 22d. "An act for preventing frauds, and regulating abuses in the plantation trade." I wish I could transcribe this whole statute, and that which precedes it: "An act for the encouragement of seamen," but who would read them? Yet it behoves our young and old yeomen, mechanics, and labourers, philosophers, politicians, legislators, and merchants to read them. However tedious and painful it may be for you to read, or me to transcribe, any part of these dull statutes, we must endure the task, or we shall never understand the American revolution. Recollect and listen to the preamble of this statute, of the 7th and 8th of William 3d. chapter 22d.
"Whereas, notwithstanding diverse acts made for the encouragement of the navigation of this kingdom, and for the better securing and regulating the plantation trade, more especially one act of parliament made in the 12th year of the reign of the late king Charles 2d. intituled, an act for the increasing of shipping and navigation. Another act made in the 15th year of the reign of his said late majesty, intituled an act for the encouragement of trade. Another act made in the 22d and 23d years of his said late majesty's reign, intituled, an act to prevent the planting of tobacco in England, and for regulation of the plantation trade. Another act, made in the 25th year of the reign of his said late majesty, intituled, an act for the encouragement of the Greenland and Eastland fisheries, and for the better securing the plantation trade, great abuses are daily committed, to the prejudice of the English navigation, and the loss of a great part of the plantation trade to this kingdom, by the artifice and cunning of ill disposed persons; for remedy whereof for the future," &c.
Will you be so good, sir, as to pause a moment on this preamble? To what will you liken it? Does it resemble a great, rich, powerful West India planter; Alderman Beckford, for example, preparing and calculating and writing instructions for his overseers? "You are to have no regard to the health, strength, comfort, natural affections, or moral feelings, or intellectual endowments of my negroes. You are only to consider what subsistence to allow them, and what labour to exact of them, will subserve my interest. According to the most accurate calculation I can make, the proportion of subsistence and labour which will work them up, in six years upon an average, is the most profitable to the planter." And this allowance, surely, is very humane; for we estimate here, the lives of our coal-heavers upon an average at only two years, and our fifty thousand girls of the town at three years at most. "And our soldiers and seamen no matter what."
Is there, Mr. Tudor, in this preamble, or in any statute of Great Britain, in the whole book, the smallest consideration of the health, the comfort, the happiness, the wealth, the growth, the population, the agriculture, the manufactures, the commerce, the fisheries of the American people? All these things are to be sacrificed to British wealth, British commerce, British domination, and the British navy, as the great engine and instrument to accomplish all. To be sure, they were apt scholars of their master, Tacitus, whose fundamental and universal principle of philosophy, religion, morality, and policy, was, that all nations and all things were to be sacrificed to the grandeur of Rome. Oh! my fellow citizens, that I had the voice of an archangel to warn you against these detestable principles. The world was not made for you, you were made for the world. Be content with your own rights. Never usurp those of others. What would be the merit, and the fortunes of a nation, that should never do or suffer wrong?
The purview of this statute, was in the same spirit with the preamble; pray read it! Old as you are; you are not so old as I am; and I assure you I have conquered my natural impatience so far as to read it again, after almost sixty years acquaintance with it, in all its horrid deformity.
Every artifice is employed to ensure a rigorous, a severe, a cruel execution of this system of tyranny. The religion, the morality, of all plantation governors, of all naval commanders, of all custom house officers, if they had any, and all men have some, were put in requisition by the most solemn oaths. Their ambition was inlisted by the forfeiture of their officers; their avarice was secured by the most tempting penalties and forfeitures, to be divided among them. Fine picking to be sure! Even the lowest, the basest informers were to be made gentlemen of fortune!
I must transcribe one section of this detestable statute, and leave you to read the rest; I can transcribe no more.
The sixth section of this benign law, of our glorious deliverer king William, is as follows:
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."
Section 12. "Charge of prosecution to be borne out of the king's part of seizures, forfeitures and penalties."
George 2d. was represented and believed in America to be an honest, well meaning man; and although he consented to this statute and others which he thought sanctioned by his predecessors, especially king William, yet it was reported and understood, that he had uniformly resisted the importunities of ministers, governors, planters, and projectors, to induce him to extend the system of taxation and revenue in America, by saying, that "he did not understand the colonies; he wished their prosperity. They appeared to be happy at present; and he would not consent to any innovations; the consequences of which he could not foresee."
Solomon, in all his glory, could not have said a wiser thing. If George 3d. had adopted this sentiment, what would now be the state of the world? Who can tell? or who can conjecture?
The question now was concerning the designs of a new reign, and of a young prince. This young king had now adopted the whole system of his predecessors, Stuarts, Oranges, and Hanoverians, and determined to carry it into execution, right or wrong; and that, by the most tyrannical instruments, that ever were invented; writs of assistance. What hope remained for an American, who knew, or imagined he knew, the character of the English nation, and the character of the American people? To borrow a French word, so many reminiscences rush upon me, that I know not which to select, and must return for the present to Mr. Otis. By what means this young inexperienced king was first tempted by his ministers, to enter with so much spirit into this system, may be hereafter explained.
Mr. Otis analyzed this statute, 6. George 3d. c. 13, with great accuracy. His calculations may be made by any modern mathematician who will take the pains. How much molasses, for example, was then subject to this tax; suppose a million gallons, which is far less than the truth. Six pence a gallon was full one half of the value of the article. It was sold at market for one shilling; and I have known a cargo purchased at a pistareen. The duties on a million gallons, would then be twenty five thousand pounds sterling a year; a fund amply sufficient, with the duties on sugars, &c. and more than sufficient, at that time, to pay all the salaries of all the governors upon the continent, and all judges of admiralty too.
Mr. King, formerly of Massachusetts, now of New-York, in a late, luminous and masterly speech, in senate, page 18, informs us, from sure sources, that "we import annually upwards of six million gallons of West India rum." The Lord have mercy on us! "More than half of which comes from the English colonies. We also import every year, nearly seven millions of gallons of molasses; and as every gallon of molasses yields, by distillation, a gallon of rum, the rum imported, added to that distilled from molasses, is probably equal to twelve millions of gallons, which enormous quantity is chiefly consumed, besides whiskey, by citizens of the United States." Again, I devoutly pray, the Lord have mercy on us!
But calculate the revenue, at this day, from this single act of George 2d. It would be sufficient to bribe any nation, less knowing and less virtuous, than the people of America, to the voluntary surrender of all their liberties.
Mr. Otis asserted this to be a revenue law; a taxation law; an unconstitutional law; a law subversive of every end of society and government; it was null and void. It was a violation of all the rights of nature, of the English constitution, and of all the charters and compacts with the colonies; and if carried into execution by writs of assistance, and courts of admiralty, would destroy all security of life, liberty, and property. Subjecting all these laws to the jurisdiction of judges of admiralty, poor dependent creatures; to the forms and course of the civil law, without juries, or any of the open, noble examination of witnesses, or publicity of proceedings, of the common law, was capping the climax, it was clenching the nail of American slavery.
Mr. Otis roundly asserted, that this statute, and the preceding statutes, never could be executed. The whole power of Great Britain would be ineffectual; and by a bold figure, which will now be thought exaggeration, he declared, that if the king of Great Britain in person were encamped on Boston common, at the head of twenty thousand men, with all his navy on our coast, he would not be able to execute these laws. They would be resisted or eluded.
JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, August 21, 1818.
DEAR SIR,
MR. OTIS quoted another author, "The political and commercial works of Charles D'Avenant, L.L. D. vol. 2. discourse 3 On the plantation trade." I cannot transcribe seventy six pages, but wish that Americans of all classes would read them. They are in the same strain with Downing, Child, Gee, Ashley, Charles 2, James 2, William and Mary, William 3, Ann, George 2, and George 3; all conspiring to make the people of North America hewers of wood and drawers of water, to plantation governors, custom house officers, judges of admiralty, common informers, West India planters, naval commanders, in the first place; and, after all these worthy people should be amply supported, nourished, encouraged and pampered, if any thing more could be squeezed from the hard earnings of the farmers, the merchants, the tradesmen and labourers in America, it was to be drawn into the exchequer in England, to aggrandize the British navy.
Mr. Otis proceeded to another species of statutes, relative to our internal policy, even our domestic manufactures and fireside comforts; I might say, our homespun blankets and woollen sheets, so necessary to cover some of us, if not all of us, in our slumbers in the long nights of our frozen winters. I shall refer to these statutes as they occur, without any regard to order, and shall not pretend to transcribe any of them.
"Furs of the plantations to be brought to Great Britain. 8 Geo. 1. c. 15. ss. 24."
"Hats, not to be exported from one plantation to another. 5 Geo. 2. c. 22."
"Hatters in America, not to have more than two apprentices. 5 Geo. 2. c. 22. ss. 7."
"Slitting mills, steel furnaces, &c. not to be erected in the plantations. 23 Geo. 2. c. 29. ss. 9."
"No wool, or woollen manufacture of the plantations shall be exported. 10 & 11 Wm. 3. c. 10. ss. 19."
"Exporting wool, contrary to the regulations, forfeiture of the ship, &c. 12 Geo. 2. c. 21. ss. 11."
I cannot search for any more of these mincing laws. Mr. Otis alternately laughed and raged against them all. He said one member of parliament had said, that a hobnail should not be manufactured in America; and another had moved that Americans should be compelled by act of parliament, to send their horses to England to be shod. He believed, however, that this last was a man of sense, and meant, by this admirable irony, to cast a ridicule on the whole selfish, partial, arbitrary and contracted system of parliamentary regulations in America.
Another statute there is, and was quoted by Mr. Otis, by which wool was prohibited to be water-borne in America; in consequence of which, a fleece of wool could not be conveyed in a canoe across a river or brook, without seizure and forfeiture.
But I am wearied to death by digging in this mud; with searching among this trash, chaff, rubbish of acts of parliament; of that parliament which declared it had a right to legislate for us, as sovereign, absolute and supreme, in all cases whatsoever. But I deny that they ever had any right to legislate for us, in any case whatsoever. And on this point we are and were at issue, before God and the world. These righteous judges have decided the question; and it is melancholy that any Americans should still doubt the equity and wisdom of the decision.
Such were the bowels of compassion, such the tender mercies of our pious, virtuous, our moral and religious mother country, towards her most dutiful and affectionate children! Such they are still; and such they will be, till the United States shall compel that country to respect this. To this end, poor and destitute as I am, I would cheerfully contribute double my proportion of the expense of building and equipping thirty ships of the line, before the year 1820.
Mr. Otis asserted all these acts to be null and void by the law of nature, by the English constitution, and by the American charters, because America was not represented in parliament. He entered into the history of the charters. James the first and Charles the first, could not be supposed to have ever intended that parliament, more hated by them both than the pope or the French king, should share with them in the government of colonies and corporations which they had instituted by their royal prerogatives—"Tom, Dick, and Harry were not to censure them and their council." Pym, Hambden, sir Harry Vane and Oliver Cromwell did not surely wish to subject a country, which they sought as an asylum, to the arbitrary jurisdiction of a country from which they wished to fly. Charles the second had learned by dismal, doleful experience, that parliaments were not to be wholly despised. He, therefore, endeavoured to associate parliament with himself, in his navigation act, and many others of his despotic projects, even in that of destroying, by his unlimited licentiousness and debauchery, the moral character of the nation. Charles the second courted parliament as a mistress; his successors embraced her as a wife, at least for the purpose of enslaving America.
Mr. Otis roundly asserted this whole system of parliamentary regulations, and every act of parliament before quoted, to be illegal, unconstitutional, tyrannical, null and void. Nevertheless, with all my admiration of Mr. Otis, and enthusiasm for his character, I must acknowledge he was not always consistent in drawing or admitting the necessary consequences from his principles, one of which comprehended them all, to wit, that Parliament had no authority over America in any case whatsoever.
But at present we must confine ourselves to his principles and authorities in opposition to the acts of trade and writs of assistance. These principles I perfectly remember. The authorities in detail I could not be supposed to retain; though with recollecting the names, Vattel, Coke and Holt, I might have found them again by a diligent search. But Mr. Otis himself has saved that trouble, by a publication of his own, which must be the subject of another letter from your humble servant,
JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, August 31, 1818.
DEAR SIR,
I HAVE before mentioned the instructions of the city of Boston to their representatives, in May 1764, printed in an appendix to Mr. Otis's "Rights of the colonies." In obedience to those instructions, or at least in consequence of them Mr. Otis prepared a memorial to the house of representatives, which was by them voted to be transmitted to Jasper Mauduit, Esq. agent for the province, only as a statement drawn up by one of the house, to be improved as he may judge proper.
In this memorial Mr. Otis has preserved and immortalized his own arguments and authorities to prove the acts of trade null and void, which he had advanced and produced three years before in his oration against those acts and their formidable instrument, writs of assistance. This is a fortunate circumstance for me, because it relieves me from the trouble of recollection, and the more painful task of research in old books.
"The public transactions", says Mr. Otis, "from William the first, to the revolution, may be considered as one continued struggle, between the prince and the people, all tending to that happy establishment, which Great Britain has since enjoyed.
"The absolute rights of Englishmen, as frequently declared in parliament, from Magna Charta, to this time, are the rights of personal security, personal liberty and of private property.
"The allegiance of British subjects being natural, perpetual and inseparable from their persons, let them be in what country they may; their rights are also natural, inherent and perpetual.
"By the laws of nature and of nations; by the voice of universal reason, and of God, when a nation takes possession of a desart, uncultivated, uninhabited country, or purchases of savages, as was the case with far the greatest part of the British settlements; the colonists transplanting themselves and their posterity, though separated from the principal establishment, or mother country, naturally become part of the state with its ancient possessions, and entitled to all the essential rights of the mother country. This is not only confirmed by the practice of the ancients, but by the moderns ever since the discovery of America. Frenchmen, Spaniards, and Portuguese are no greater slaves abroad than at home; and hitherto Britons have been as free on one side of the Atlantic as on the other: and it is humbly hoped that his majesty and the parliament will in their wisdom be graciously pleased to continue the colonies in this happy state."
"It is presumed, that upon these principles, the colonists have been by their several charters declared natural subjects, and entrusted with the power of making their own local laws, not repugnant to the laws of England, and with the power of taxing themselves."
"This legislative power is subject to the same charter to the king's negative as in Ireland. This effectually secures the dependence of the colonies on Great Britain. By the 13th of George 2. ch. 9. even foreigners having lived seven years in any of the colonies are deemed natives on taking the oaths of allegiance, &c. and are declared by the said act to be his majesty's natural born subjects of the kingdoms of Great Britain, to all intents, constructions and purposes, as if any of them had been born within the kingdom. The reasons given for this naturalization in the preamble of the act are, that the increase of the people is the means of advancing the wealth of any nation or country. And many foreigners and strangers, from the lenity of our government, the purity of our religion, the benefit of our laws, the advantages of our trade, and the security of our property, might be induced to come and settle in some of his majesty's colonies in America, if they were partakers of the advantages and privileges, which the native born subjects there enjoy.
"The several acts of parliament and charters, declaratory of the rights and liberties of the colonies, are but in affirmance of the common law and law of nature in this point. There are, says my lord Coke, regularly three incidents to subjects born; 1. Parents under the actual obedience of the king; 2. That the place of his birth be within the king's dominions; 3. The time of his birth to be chiefly considered.
"For he cannot be a subject born of one kingdom, that was born under the allegiance of a king of another kingdom. See Calvin's case and the several acts and decisions on naturalization, from Edward the third to this day. The common law is received and practised upon here and in the rest of the colonies; and all ancient and modern acts of parliament, that can be considered as part of or in amendment of the common law, together with such acts of parliament, as expressly name the plantations, so that the power of the British parliament is held sacred and as uncontroulable in the colonies, as in England. The question is not upon the general power or right of the parliament; but whether it is not circumscribed within some equitable and reasonable bounds? It is hoped it will not be considered as a new doctrine, that even the authority of the parliament of Great Britain is circumscribed by certain bounds, which, if exceeded, their acts become those of mere power without right, and consequently void. The judges of England have declared in favour of these sentiments, when they expressly declare, that acts of parliament against natural equity are void. That acts against the fundamental principles of the British constitution are void. A very important question here presents itself. It essentially belongs to the society, both in relation to the manner, in which it desires to be governed, and to the conduct of the citizens. This is called the legislative power.—The nation may entrust the exercise of it to the prince or to an assembly; or to an assembly and the prince jointly; who have then a right of making new and abrogating old laws. It is here demanded whether, if their power extends so far, as to the fundamental laws, they may change the constitution of the state? The principles we have laid down lead us to decide this point with certainty, that the authority of these legislators does not extend so far, and that they ought to consider the fundamental laws as sacred, if the nation has not in very express terms given them the power to change them. For the constitution of the state ought to be fixed; and since that was first established by the nation, which afterwards trusted certain persons with the legislative power, the fundamental laws are excepted from their commission. It appears that the society had only resolved to make provision for the state's being always furnished with laws, suited to particular conjunctures, and gave the legislature for that purpose, the power of abrogating the ancient civil and political laws, that were not fundamental, and of making new ones. But nothing leads us to think that it was willing to submit the constitution itself to their pleasure.
"When a nation takes possession of a distant country and settles a colony there, that country though separated from the principle establishment or mother country, naturally becomes a part of the state equally with its ancient possessions. Whenever the political laws or treaties make no distinction between them every thing said of the territory of a nation ought also to extend to its colonies. An act of parliament made against natural equity, as to make a man judge in his own cause, would be void, Hob. 87. Trin. 12. Jac. Day v. Savage, S. C. & P. cited Arg. 10. Mod. 115. Hill 11. Ann C. B. in case of Thornby & Fleetwood, "but says that this must be a clear case, and judges will strain hard rather than interpret an act void, ab initio." This is granted, but still their authority is not boundless, if subject to the controul of the judges in any case. Holt, chief justice, thought what lord Coke says in Dr. Bonham's case a very reasonable and true saying, that if an act of parliament should ordain the same person both party and judge, in his own case, it would be a void act of parliament, and an act of parliament can do no wrong, though it may do several things that look pretty odd; for it may discharge one from the allegiance he lives under, and restore to the state of nature, but it cannot make one that lives under a government both party and judge, per Holt C. J. 12 Mod. 687. 688. Hill 13. W. 3. B. R. in the case of the city of London v. Wood. It appears in our books, that in several cases, the common law should controul acts of parliament, and sometimes adjudge them to be utterly void; for when an act of parliament against common right and reason, or repugnant and impossible to be performed, the common law shall controul it, and adjudge it to be void, and therefore, 8 E. 3., 30. Thomas Tregor's case upon the statute of W. 2. cap. 38. and Art. Chart. 9. Herle said that sometimes statutes are made contrary to law and right, which the maker of them perceiving will not put them into execution. This doctrine is agreeable to the law of nature and nations. and to the divine dictates of natural and revealed religion. It is contrary to reason that the supreme power should have a right to alter the constitution. This would imply that those who are intrusted with sovereignty by the people, have a right to do as they please. In other words, that those, who are invested with power to protect the people and support their rights and liberties, have a right to make slaves of them. This is not very remote from a flat contradiction. Should the parliament of Great Britain follow the example of some other foreign states, Sweden, Denmark, France, &c. and vote the king absolute and despotic; would such an act of parliament make him so? Would any minister in his senses advise a prince to accept of such an offer of power? It would be unsafe to accept of such a donation because the parliament or donors would grant more than it was in their power lawfully to give, the law of nature never invested them with a power of surrendering their own liberty, and the people certainly never intrusted any body of men with a power to surrender theirs in exchange for slavery. But if the whole state be conquered if the nation be subdued, in what manner can a victor treat it without transgressing the bounds of justice? What are his rights over the conquest? Some have dared to advance this monstrous principle, that the conqueror is absolute master over this conquest, that he may dispose of it as his property, treat it as he pleases, according to the common expression of treating a state as a conquered country, and hence they derive one of the sources of despotic government.—But enough of those that reduce men to the state of transferable goods, or use them like beasts of burden, who deliver them up as the property or patrimony of another man. Let us argue upon principles countenanced by reason, and becoming humanity. The whole right of the conqueror proceeds from the just defence of himself, which contains the support and prosecution of his rights. Thus when he has totally subdued a nation with whom he had been at war, he may without dispute cause justice to be done him, with regard to what gave rise to the war, and require payment for the expense and damage he has sustained; he may, according to the exigency of the place, impose penalties on it as an example; he may, should prudence so dictate, disable it from undertaking any pernicious design for the future. But in securing all these views the mildest means are to be preferred. We are always to remember, that the law of nature permits no injury to be done to an enemy, unless in taking measures necessary for a just defence and a reasonable security. Some princes have only imposed a tribute on it; others have been satisfied in stripping it of some of its privileges, dismembering it of a province, or keeping it in awe by fortresses; others, as their quarrel was only with the sovereign in person, have left a nation in the full enjoyment of its rights, only setting a sovereign over it. But if the conqueror thinks proper to retain the sovereignty of the vanquished state, and has such a right; the manner in which he is to treat the state still flows from the same principles. If the sovereign be only the just object of his complaint, reason declares, that by his conquest he acquires only such rights as actually belonged to the dethroned sovereign; and on the submission of his people he is to govern it according to the laws of the state. If the people do not voluntarily submit, the state of war subsists. When a sovereign, as pretending to have the absolute disposal of a people whom he has conquered, is for enslaving them, he causes the state of war to subsist between this people and him. M. De Vattel, B. 3. c. 10. sec. 201.
"It is now near three hundred years since the continent of North America was first discovered, and that by British subjects; the Cabots discovered the continent before the Spaniards. Ten generations have passed away, through infinite toils and bloody conflicts, in settling this country. None of those ever dreamed, but that they were entitled at least to equal privileges with those of the same rank born within the realm.
"British America has been hitherto distinguished from the slavish colonies round about it, as the fortunate Britons have been from most of their neighbours on the continent of Europe. It is for the interest of Great-Britain that her Colonies be ever thus distinguished. Every man must wilfully blind himself that does not see the immense value of our acquisitions in the late war; and that though we did not retain all at the conclusion of peace, that we obtained by the sword, yet our gracious sovereign, at the same time that he has given a divine lesson of equitable moderation to the princes of the earth, has retained sufficient to make the British arms the dread of the universe, and his name dear to all posterity.
"To the freedom of the British constitution, and to their increase of commerce, it is owing, that our colonies have flourished without diminishing the inhabitants of our mother country, quite contrary to the effects of plantations, made by most other nations which have suffered at home, in order to aggrandize themselves abroad. This is remarkably the case of Spain. The subjects of a free and happy constitution of government, have a thousand advantages to colonize above those who live under despotic princes.
"We see how the British colonies on the continent have outgrown those of the French; notwithstanding, they have ever engaged the savages to keep us back. Their advantages over us in the West Indies, are, 1st. A capital neglect in former reigns, in suffering them to have a firm possession of so many valuable islands, that we had a better title to than they. 2. The French, unable to push their settlements effectually on the continent, have bent their views to islands, and poured vast numbers into them. 3. The climate and business of these islands is by nature much better adapted to Frenchmen and to Negroes, than to Britons. 4. The labour of slaves, black or white, will be ever cheaper than that of freemen, because that of individuals among the former, will never be worth so much as with the latter; but this difference is more than supplied, by numbers under the advantages above mentioned. The French will ever be able to sell their West India produce cheaper, than our own islanders; and yet, while our own islanders can have such a price for theirs, as to grow much richer than the French, or any other of the king's subjects in America, as is the case; and what the northern colonies take from the French, and other foreign islands, centers finally in return to Great Britain for her manufactures, to an immense value, and with a vast profit to her. It is contrary to the first principles of policy to cloy such a trade with duties; much more to prohibit it, to the risque, if not certain destruction of the fishery.
"It is allowed by the most accurate British writers on commerce, Mr. Postlethwait in particular, who seems to favour the cause of the sugar islands, that one half of the immense commerce of Great Britain is with her colonies. It is very certain, that without the fishery, seven eighths of this commerce would cease. The fishery is the centre of motion, upon which the wheel of all the British commerce in America turns. Without the American trade, would Britain, as a commercial state, make any great figure at this day in Europe?
"Her trade in woollen and other manufactures is said to be lessening, in all parts of the world, but America, where it is increasing, and capable of infinite increase, from a concurrence of every circumstance in its favour. Here is an extensive territory of different climates, which, in time, will consume, and be able to pay for as much manufactures as Great Britain and Ireland can make, if true maxims are pursued. The French, for reasons already mentioned, can underwork, and consequently undersell the English manufactures of Great Britain, in every market in Europe. But they can send none of their manufactures here; and it is the wish of every honest British American, that they never may; it is best they never should. We can do better without the manufactures of Europe, save those of Great Britain, than with them. But without the West India produce we cannot; without it our fishery must infallibly be ruined. When that is gone, our own islands will very poorly subsist. No British manufactures can be paid for by the colonists. What will follow? One of these two things, both of which it is the interest of Great Britain to prevent. 1st. The northern colonists must be content to go naked, and turn savages. Or 2d. become manufacturers of linnens and woollens, to clothe themselves; which, if they cannot carry to the perfection of Europe, will be very destructive to the interests of Great Britain. The computation has been made, and that within bounds; and it can be demonstrated, that if North America is only driven to the fatal necessity of manufacturing a suit of the most ordinary linnen or woollen, for each inhabitant, annually, which may be soon done, when necessity, the mother of invention shall operate, Great Britain and Ireland will lose two millions per annum, besides a diminution of the revenue to nearly the same amount. This may appear paradoxical; but a few years experience of the execution of the sugar act, will sufficiently convince the parliament, not only of the inutility, but destructive tendency of it, while calculations may be little attended to. That the trade with the colonies has been of a surprising advantage to Great Britain, notwithstanding the want of a good regulation, is past all doubt. Great Britain is well known to have increased prodigiously, both in numbers and in wealth, since she began to colonize. To the growth of the plantations, Britain is, in a great measure, indebted for her present riches and strength. As the wild wastes of America have been turned into pleasant habitations and flourishing trading towns; so many of the little villages and obscure boroughs in Great Britain, have put on a new face, and all suddenly started up and become fair markets and manufacturing towns, and opulent cities. London itself, which bids fair to be the metropolis of the world, is five times more populous than it was in the days of queen Elizabeth. Such are the fruits of the spirit of commerce and liberty. Hence it is manifested how much we all owe to that beautiful form of civil government, under which we have the happiness to live.
"It is evidently the interest, and ought to be the care of all those entrusted with the administration of government, to see that every part of the British empire enjoys to the full, the rights they are entitled to by the laws, and the advantages which result from their being maintained with impartiality and vigour. This we have seen reduced to practice in the present and preceding reigns; and have the highest reason, from the paternal care and goodness that his majesty, and the British parliament, have hitherto been graciously pleased to discover to all his majesty's dutiful and loyal subjects, and to the colonists in particular, to rest satisfied, that our privileges will remain sacred and inviolate. The connection between Great Britain and her colonies is so natural and strong, as to make their mutual happiness depend upon their mutual support. Nothing can tend more to the destruction of both, and to forward the measures of their enemies, than sowing the seeds of jealousy, animosity, and dissention, between the mother country and the colonies.
"A conviction of the truth and importance of these principles, induced Great Britain, during the late war, to carry on so many glorious enterprises for the defence of the colonies; and those on their part to exert themselves beyond their ability to pay, as is evident, from the parliamentary reimbursements.
"If the spirit of commerce was attended to, perhaps duties would be every where decreased, if not annihilated, and prohibitions multiplied. Every branch of trade, that hurts a community, should be prohibited for the same reason, that a private gentleman would break off commerce with a sharper, or an extensive usurer. It is to no purpose to higgle with such people; you are sure to loose by them. It is exactly so with a nation, if the balance is against them; and they can possibly subsist without the commodities as they generally can in such cases, a prohibition is the only remedy; for a duty in such a case, is like a composition with a thief, that for five shillings in the pound returned, he shall rob you at pleasure; when, if the thing is examined to the bottom, you are at five shillings expense in travelling to get back your five shillings; and he is at the same expense in coming to pay it. So he robs you of but ten shillings in the pound, that you thus wisely compound for. To apply this to trade, I believe every duty, that was ever imposed on commerce, or in the nature of things can be, will be found to be divided between the state imposing the duty, and the country exported from. This, if between the several parts of the same kingdom or dominions of the same prince, can only tend to embarrass trade, and raise the price of labour above other states, which is of very pernicious consequence to the husbandman, manufacturer, mariner and merchant, the four tribes that support the whole hive. If your duty is upon a commodity of a foreign state, it is either upon the whole useful and gainful; and therefore necessary for the husbandman, manufacturer, mariner or merchant, as finally bringing a profit to the state, by a balance against your state. There is no medium that we know of. If the commodity is of the former kind, it should be prohibited; but if the latter, imported duty free, unless you would raise the price of labour by a duty on necessaries, or make the above wise composition for the importation of commodities, you are sure to lose by it.
"The only test of a useful commodity is the gain upon the whole to the state; such should be free; the only test of a pernicious trade is the loss upon the whole or to the community; this should be prohibited. If therefore it can be demonstrated, that the sugar and molasses trade from the northern colonies to the foreign plantations, is, upon the whole, a loss to the community, by which term is here meant, the three kingdoms and the British dominions taken collectively, then, and not till then, should this trade be prohibited. This never has been proved, nor can be; the contrary being certain, to wit: that the nation upon the whole hath been a vast gainer by this trade, in the vend of and pay for its manufactures; and a great loss by a study upon this trade will finally fall on the British husbandman, manufacturer, mariner and merchant; and consequently the trade of the nation be wounded, and in constant danger of being eat out by those who can undersell her.
"The art of underselling, or rather of finding means to undersell, is the grand secret of thrift among commercial states, as well as among individuals of the same state. Should the British sugar islands ever be able to supply Great Britain, and her northern colonies with those articles, it will be time enough to think of a total prohibition; but until that time, both prohibition and duty will be found to be diametrically opposite to the first principles of policy. Such is the extent of this continent, and the increase of its inhabitants, that if every inch of the British sugar islands was as well cultivated as any part of Jamaica or Barbadoes, they would not now be able to supply Great Britain, and the colonies on this continent. But before such further improvements can be supposed to take place in our islands, the demands will be proportionably increased by the increase of the inhabitants on the continent. Hence the reason is plain, why the British sugar planters are growing rich, and demands on them, ever will be greater than they can possibly supply, so long as the English hold this continent, and are unrivalled in the fishery.
"We have every thing good and great to hope from our gracious sovereign, his ministry and his parliament; and trust, that when the services and sufferings of the British American colonies are fully known to the mother country, and the nature and importance of the plantation trade more perfectly understood at home, that the most effectual measures will be taken for perpetuating the British empire in all parts of the world. An empire built upon the principles of justice, moderation and equity, the only principles that can make a state flourishing, and enable it to elude the machinations of its secret and inveterate enemies."
Excuse errors, for I cannot revise and correct. I hope your patience will never be put to the trial of another letter so long and dry. One or two more, much shorter, will close the subject of writs of assistance, and relieve you from ennui, as well as your friend,
JOHN ADAMS.
TO THE HON. WM. TUDOR.
Quincy, September 10, 1818.
DEAR SIR,
THE charters were quoted or alluded to by Mr. Otis frequently in the whole course of his argument: but he made them also a more destined and more solemn head of his discourse. And here, these charters ought to be copied verbatim. But an immense verbiage renders it impossible. Bishop Butler somewhere complains of this enormous abuse of words in public transactions, and John Reed and Theophilus Parsons of Massachusetts have attempted to reform it. So did James Otis; all with little success. I hope, however, that their examples will be followed, and that common sense in common language will, in time, become fashionable. But the hope must be faint as long as clerks are paid by the line and the number of syllables in a line.
Some passages of these charters must however, be quoted; and I will endeavour to strip them as well as I can, of their useless words. They are recited in the charter of king William and queen Mary, dated the seventh day of October, in the third year of their reign, i. e. in 1691.
"Whereas king James the first, in the 18th year of his reign, did grant to the council at Plymouth, for the planting and governing New England, all that part of America, from the 40th to the 48th degree of latitude, and from sea to sea, together with all sands, waters, fishings, and all and singular other commodities, jurisdictions, royalties, privileges, franchises and pre-eminences, both within the said tract of land upon the main, and also within the islands and seas adjoining: to have and hold, all, unto the said council, their heirs and successors and assigns forever: to be holden of his said majesty as of his manor of East Greenwich, in free and common socage, and not in capite, or by knights' service.—Yielding to the king a fifth part of the ore of gold and silver. For and in respect of all and all manner of duties, demands and services whatsoever."
But I cannot pursue to the end this infinite series of words.—You must read the charter again. For although you and I have read it fifty times, I believe you will find it, as I do, much stronger in favour of Mr. Otis's argument than I expected or you will expect. I doubt whether you will take the pains to read it again; but your son will, and to him I recommend it.
The council of Plymouth, on the 19th of March, in the 3d year of the reign of Charles the first, granted to sir Henry Roswell and others, part of New England by certain boundaries, with all the prerogatives and privileges.
King Charles the first, on the 4th of March, in the fourth year of his reign confirmed to sir Henry Roswell and others, all those lands before granted to them by the council of Plymouth. King Charles the first, created sir Henry Roswell and others, a body corporate and politick. And said body politick, did settle a colony which became very populous.
In 1684, in the 36th year of king William and queen Mary's dearest uncle, Charles the second, a judgment was given in the court of chancery, that the letters patent of Charles the first, should be cancelled, vacated and annihilated.
The agents petitioned to be re-incorporated; I can easily conceive their perplexity, their timidity, their uncertainty, their choice of difficulties, their necessary preference of the least of a multitude of evils: for I have felt them all, as keenly as they did.
William and Mary unite Massachusetts, New Plymouth, the Province of Maine and Nova Scotia, into one province, to be holden in fee of the manor of East Greenwich, paying one fifth of gold and silver ore.
Liberty of conscience to be granted to all Christians, except papists. Good God! A grant from a king of liberty of conscience. Is it not a grant of the King of Kings, which no puppet or royalist upon earth can give or take away?
The general court impowered to erect judicatories and courts of record. The general court impowered to make laws, "not repugnant to the laws of England." Here was an unfathomable gulf of controversy. The grant itself, of liberty of conscience, was repugnant to the laws of England. Every thing was repugnant to the laws of England. The whole system of colonization was beyond the limits of the laws of England, and beyond the jurisdiction of their national legislature. The general court is authorized to impose fines, &c. and taxes.
But the fell paragraph of all, is the proviso in these words:—"Provided always, and it is hereby declared that nothing herein shall extend or be taken to erect or grant, or allow the exercise of any admiralty court jurisdiction, power, or authority, but that the same shall be, and is hereby reserved to us and our successors, and shall from time to time, be erected, granted and exercised by virtue of commissions to be issued under the great seal of England, or under the seal of the high admiral, or the commissioners for executing the office of high admiral of England."
The history of this court of admiralty would require volumes. Where are its records and its files? Its libels and answers? Its interrogatories and cross interrogatories? All hurried away to England, as I suppose never to be seen again in America, nor probably to be inspected in Europe.
The records and files of the court of probate in Boston were transported to Halifax. Judge Foster Hutchinson had the honour to return them after the peace of 1783. But admiralty records have never been restored as I have heard.
The subject may be pursued hereafter by your servant,
JOHN ADAMS.