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Illustrated Episode · Volume III, chapter 14 · 25 November 1764

No bids, and a shove

In a low tavern room a big man in a greatcoat grips a thin man in a wig by the collar and shoves him out through a sunlit doorway, his hat flying, while a ring of silent merchants looks on.
A Maryland tavern, late 1764. The shipowner Graham has talked the merchants into refusing to bid on his condemned molasses, and at the auction he seizes the customs collector Robert Heron and throws him out the door. Rothbard says such force was rare, but the colonists' mood was plain, and British officers thought it wiser not to anger them. Chapter 14 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

In 1764 Parliament raised the stakes on the old molasses trade. The American Revenue Act tightened the duty, sent naval officers after smugglers, and gave the vice admiralty courts, which sat without juries, the last word. Merchants dodged the new rules where they could, and now and then they used force. In late November 1764 Robert Heron, a customs collector in Maryland, seized a ship with a cargo of molasses. A vice admiralty court condemned the cargo, and it was advertised for auction at the local tavern. The owner of the ship, a man named Graham, got the merchants to promise to boycott the sale. At the auction Graham assaulted Heron and threw him out of the tavern. Rothbard says such forcible measures were rare. But the temper of America was plain enough that British officers thought it wiser not to anger the colonists by sending cases to the new admiralty court at Halifax, so far away that Judge Spry languished there with little to do. Even Governor Bernard of Massachusetts, a staunch Tory, urged that it be moved to the mainland (CiL, p. 826). Britain drew up plans for three new courts on the mainland, but the Stamp Act furor swallowed them.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. III, ch. 14, 'Enforcement Troubles', p. 826. CC BY 3.0. Rothbard
  2. Maryland State Archives, Archives of Maryland vol. 662, p. 182 (Collectors of customs: 'ROBERT HERON of Dorchester County (Prot.), took office 6 Oct. 1748; died 3 June 1774'; Pocomoke district), and the Dashiel v. Heron case report (CourtListener) naming Heron 'collector and principal officer of the customs in the Pocomoke District' in 1764, read through search summaries. Primary source
  3. Era registry entry southern-colonies-1710-1770 (data/cil/registry/eras/), dress and arms for planters and officials; its own sources are listed in its notes. Secondary source