Joseph Harrison, Benjamin Hallowell
64-552: Daniel Malcolm , John Hancock The Liberty Affair was an incident that culminated to a riot in 1768, leading to the Boston Massacre on March 5, 1770. It involved the seizure of the Liberty , a sloop owned by local smuggler and merchant John Hancock , by British authorities. This incident, which showed the difficulties in enforcing British revenue laws and growing colonial resentment against British rule, formed part of
128-675: A sloop used to patrol the Rhode Island coast. In July 1769, it was burned by angry colonists after its crew seized two Connecticut ships. The Liberty Affair led the British Parliament to pass more restrictive laws to curb smuggling and increase troops to deal with colonial resistance in Massachusetts. Immediately after the Liberty Affair riot, Governor Francis Bernard was ordered to produce evidence against
192-534: A Boston mob. When the Townshend Acts were passed, Malcolm instigated a boycott on British imports. He led a group of Boston merchants to stop importing products for a year in 1769. He was particularly noted for smuggling sixty casks of wine without paying any dues. When British customs men showed up to confiscate the contraband stowed in his cellar, he refused. Malcolm was able to muster four hundred men and boys to block British reinforcements. This episode
256-494: A common and successful practice, Parliament realized how difficult it was to enforce the taxing of tea. The Act stated that no more taxes would be placed on tea, and it made the cost of the East India Company's tea less than tea that was smuggled via Holland . It was an incentive for the colonists to purchase the East India Company tea. This was the last of the five acts passed. It was not passed until 8 March 1768,
320-551: A favourable outcome using a local judge and jury. The Vice-Admiralty Court Act added three new admiralty courts in Boston, Philadelphia and Charleston to aid in more effective prosecutions. These courts were run by judges appointed by the Crown and whose salaries were paid, in the first instance, from fines levied. when they found someone guilty. [...] all forfeitures and penalties inflected by any act or acts of parliament relating to
384-583: A figure far less than the ship was capable of carrying. Customs officials thought that the shipment was similar to the previous case of Malcolm's wine smuggling. Initially, the two tidesmen who inspected the Liberty booty found no wrongdoing. However, a month later, when the Royal Navy warship Romney was docked in Boston, one of these customs officials recanted his account. Thomas Kirk, the customs collector, claimed that there were around 100 casks and that
448-468: A move that would culminate in the Boston Massacre on March 5, 1770. Malcolm died on October 23, 1769, and was buried in Boston's Copp's Hill Burying Ground . He is said to have asked to be buried in the location, ten feet deep "safe from British bullets". His body was left alone but his tombstone was singled out for target practice by the Red Coats . This United States biographical article
512-634: Is a stub . You can help Misplaced Pages by expanding it . Townshend Acts The Townshend Acts ( / ˈ t aʊ n z ən d / ) or Townshend Duties were a series of British acts of Parliament passed during 1767 and 1768 introducing a series of taxes and regulations to enable administration of the British colonies in America. They are named after the Chancellor of the Exchequer who proposed
576-514: Is said to have contributed to the Liberty Affair involving John Hancock. Malcolm publicized the illegal seizure of a vessel owned by Hancock, who was also a known smuggler. It is said that he took risk in providing this eye witness account, which was published in the Boston Chronicle 's January 9, 1769, issue. The Liberty Affair led to a riot that was one of the main factors in the British government's decision to send troops to Boston,
640-646: The American Revolution . Following the Seven Years' War (1756–1763), the British government was deep in debt. To pay a small fraction of the costs of the newly expanded empire, the Parliament of Great Britain decided to levy new taxes on the colonies of British America . Previously, through the Trade and Navigation Acts , Parliament had used taxation to regulate the trade of the empire. But with
704-464: The Chancellor of the Exchequer , devised a plan that placed new duties on paper, paint, lead, glass, and tea that were imported into the colonies. These were items that were not produced in North America and that the colonists were only allowed to buy from Great Britain. The colonists' objection to "internal" taxes did not mean that they would accept "external" taxes; the colonial position
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#1732772500859768-593: The Chatham ministry 's new approach to generating tax revenue in the American colonies after the repeal of the Stamp Act in 1766. The British government had gotten the impression that because the colonists had objected to the Stamp Act on the grounds that it was a direct (or "internal") tax, colonists would therefore accept indirect (or "external") taxes, such as taxes on imports. With this in mind, Charles Townshend,
832-516: The Massachusetts Circular Letter , other colonies also sent petitions to the king. Virginia and Pennsylvania also sent petitions to Parliament, but the other colonies did not, believing that it might have been interpreted as an admission of Parliament's sovereignty over them. Parliament refused to consider the petitions of Virginia and Pennsylvania. In Great Britain, Lord Hillsborough , who had recently been appointed to
896-596: The Sugar Act of 1764, Parliament sought, for the first time, to tax the colonies for the specific purpose of raising revenue. American colonists argued that there were constitutional issues involved. The Americans claimed they were not represented in Parliament, but the British government retorted that they had " virtual representation ", a concept the Americans rejected. This issue, only briefly debated following
960-788: The burning of the Gaspee in 1772. The Townshend Acts' taxation of imported tea was enforced once again by the Tea Act 1773 , and this led to the Boston Tea Party in 1773 in which Bostonians destroyed a large shipment of taxed tea. Parliament responded with severe punishments in the Intolerable Acts 1774. The Thirteen Colonies drilled their militia units, and war finally erupted in Lexington and Concord in April 1775, launching
1024-480: The 92 delegates who refused were commemorated in a "Liberty Bowl" created by the silversmith Paul Revere . These measures and incidents further contributed to the escalation of tensions. After the riot, there emerged a "snowballing" of events that would lead to the Boston Massacre. These events unified the colonies to support the non-importation policy of British goods, a development that Boston and Charleston
1088-552: The British troops stationed there to defend the colony. New York resisted the Quartering Act saying they were being taxed, yet had no direct representation in Parliament. Furthermore, New York didn't think British soldiers were needed any more, since the French and Indian War had come to an end. That from and after the first day of October , one thousand seven hundred and sixty seven, until provision shall have been made by
1152-633: The Cause of American Freedom is to be vindicated, I look towards the Province of Massachusetts Bay". The Massachusetts House of Representatives began a campaign against the Townshend Acts by first sending a petition to King George asking for the repeal of the Revenue Act, and then sending a letter to the other colonial assemblies, asking them to join the resistance movement. Upon receipt of
1216-475: The Commissioners were indeed corrupt. They engaged in extensive "customs racketeering" and they were involved in many of the episodes of heightened the tension between England and the colonies: it was on their request that troops were sent to Boston; The Boston Massacre took place before their headquarters; the "Gaspee" was operating under their orders. Historian Doug Krehbiel argues: Disputes brought to
1280-471: The Quartering Act when appropriating this money; they also passed a resolution stating that Parliament could not constitutionally suspend an elected legislature. Townshend knew that his program would be controversial in the colonies, but he argued that, "The superiority of the mother country can at no time be better exerted than now." The Townshend Acts did not create an instant uproar like the Stamp Act had done two years earlier, but before long, opposition to
1344-531: The Sugar Act, became a major point of contention after Parliament's passage of the Stamp Act 1765 . The Stamp Act proved to be wildly unpopular in the colonies, contributing to its repeal the following year, along with the failure to raise substantial revenue. Implicit in the Stamp Act dispute was an issue more fundamental than taxation and representation: the question of the extent of Parliament's authority in
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#17327725008591408-602: The Townshend Acts, this act was initiated by the Cabinet when Townshend was not present and was not passed until after his death. Before this act, there was just one vice admiralty court in North America, located in Halifax , Nova Scotia . Established in 1764, this court proved to be too remote to serve all of the colonies, and so the 1768 Vice Admiralty Court Act created four district courts, which were located at Halifax , Boston, Philadelphia , and Charleston . One purpose of
1472-695: The Townshend duties. In March 1770, most of the taxes from the Townshend Acts were repealed by Parliament under Frederick, Lord North . However, the import duty on tea was retained in order to demonstrate to the colonists that Parliament held the sovereign authority to tax its colonies, in accordance with the Declaratory Act 1766 . The British government continued to tax the American colonies without providing representation in Parliament . American resentment, corrupt British officials, and abusive enforcement spurred colonial attacks on British ships, including
1536-429: The assemblies." Some members of Parliament objected because Townshend's plan was expected to generate only £40,000 in yearly revenue, but he explained that once the precedent for taxing the colonists had been firmly established, the program could gradually be expanded until the colonies paid for themselves. According to historian Peter Thomas, Townshend's "aims were political rather than financial". To better collect
1600-530: The board were almost exclusively resolved in favor of the British government. Vice admiralty courts claimed to prosecute vigorously smugglers but were widely corrupt—customs officials falsely accused ship owners of possessing undeclared items, thereby seizing the cargoes of entire vessels, and justices of the juryless courts were entitled to a percentage of the goods from colonial ships that they ruled unlawful. Writs of assistance and blanket search warrants to search for smuggled goods were liberally abused. John Hancock,
1664-453: The colonies towards the British government. According to historian Oliver Dickerson, "The actual separation of the continental colonies from the rest of the Empire dates from the creation of this independent administrative board." The American Board of Customs Commissioners was notoriously corrupt, according to historians. Political scientist Peter Andreas argues: merchants resented not only
1728-464: The colonies. Parliament provided its answer to this question when it repealed the Stamp Act in 1766 by simultaneously passing the Declaratory Act , which proclaimed that Parliament could legislate for the colonies "in all cases whatsoever". This act was the (joint) first act, passed on 29 June 1767, the same day as the Commissioners of Customs Act (see below). It placed taxes on glass, lead, "painters' colors" (paint), paper, and tea. It also gave
1792-475: The colonies. This followed from the principle of mercantilism in England, which meant the colonies were forced to trade only with England. The British East India Company was one of England's largest companies but was on the verge of collapse due to much cheaper smuggled Dutch tea. Part of the purpose of the entire series of Townshend Acts was to save the company from imploding. Since tea smuggling had become
1856-402: The colonies. This tax cut in England would be partially offset by the new Revenue Act taxes on tea in the colonies. The Revenue Act also reaffirmed the legality of writs of assistance , or general search warrants , which gave customs officials broad powers to search houses and businesses for smuggled goods. The original stated purpose of the Townshend duties was to raise a revenue to help pay
1920-576: The cost of maintaining an army in North America. Townshend changed the purpose of the tax plan, however, and instead decided to use the revenue to pay the salaries of some colonial governors and judges. Previously, the colonial assemblies had paid these salaries, but Parliament hoped to take the " power of the purse " away from the colonies. According to historian John C. Miller, "Townshend ingeniously sought to take money from Americans by means of parliamentary taxation and to employ it against their liberties by making colonial governors and judges independent of
1984-459: The crew offloaded them so that a quarter was left for customs tax payment. He stated that he was imprisoned aboard the vessel for refusing to accept Hancock's bribe. On June 10, a riot erupted after British sailors began the process of towing the Liberty to the Romney . Malcolm, who was present when the British authorities boarded Liberty , published an account in the Boston Chronicle detailing
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2048-426: The government to save face. Boston demonstrators paraded and burned HMS Romney . The British authorities filed a lawsuit against the Liberty and Hancock. John Adams was contracted to serve as Hancock's lawyer. The trial was considered a form of political persecution against Hancock, who was part of the opposition to the Stamp Act and was a prominent member and financier of Boston's Whig politics. While Hancock
2112-603: The leaders of the Boston insurrectionists so that they can be put to trial in England. Lord Hillsborough , the Secretary of State for the Colonies , also stationed two regiments from Halifax, Nova Scotia to garrison Boston. He also demanded the Massachusetts House of Representatives to rescind the circular requesting unity against the Townshend Acts or face dissolution. The House defied the order. The names of
2176-650: The new taxes, the Commissioners of Customs Act 1767 (7 Geo 3 c 41) established the American Board of Customs Commissioners, which was modeled on the British Board of Customs . The board was created because of the difficulties the British Board faced in enforcing trade regulations in the distant colonies. Five commissioners were appointed to the board, which was headquartered in Boston. The American Customs Board would generate considerable hostility in
2240-489: The newly created office of Colonial Secretary , was alarmed by the actions of the Massachusetts House. In April 1768 he sent a letter to the colonial governors in America, instructing them to dissolve the colonial assemblies if they responded to the Massachusetts Circular Letter. He also sent a letter to Massachusetts Governor Francis Bernard , instructing him to have the Massachusetts House rescind
2304-594: The occupation of Boston by British troops. This led to the Boston Massacre . This was the (joint) third of the five acts, passed on 2 July 1767, the same day as the Indemnity Act. It forbade the New York Assembly and the governor of New York from passing any new bills until they complied with the Quartering Act 1765 . That act required New York to provide housing, food and supplies for
2368-467: The option of trial by jury, which was considered to be a fundamental right of British subjects. In addition, the accused person had to travel to the court of jurisdiction at his own expense; if he did not appear, he was automatically considered guilty. The first of the Townshend Acts, sometimes simply known as the Townshend Act, was the Revenue Act 1767 (7 Geo 3 c 46). This act represented
2432-580: The program. Historians vary slightly as to which acts they include under the heading "Townshend Acts", but five are often listed: The purposes of the acts were to The Townshend Acts met resistance in the colonies. People debated them in the streets, and in the colonial newspapers . Opponents of the Acts gradually became violent, leading to the Boston Massacre of 1770. The Acts placed an indirect tax on glass, lead, paints, paper, and tea, all of which had to be imported from Britain. This form of revenue generation
2496-549: The programme had become widespread. Townshend did not live to see this reaction, having died suddenly on 4 September 1767. The most influential colonial response to the Townshend Acts was a series of twelve essays by John Dickinson entitled " Letters from a Farmer in Pennsylvania ", which began appearing in December 1767. Eloquently articulating ideas already widely accepted in the colonies, Dickinson argued that there
2560-400: The riot. An attempt at a compromise was led by Joseph Warren , who negotiated between Hancock and commissioners Hallowell and Harrison. The parties agreed to a settlement provided the government did not insist on taking strong actions against the Liberty and Hancock. The Whigs, however, were not satisfied by the agreement, which was supposed to mollify the mob and provide an opportunity for
2624-470: The said act [...] to any particular court to grant such writs of assistance for the officers of the customs in the said plantations, it is doubted whether such officers can legally enter houses and other places on land, to search for and seize goods, in the manner directed by the said recited acts. To obviate which doubts for the future, and in order to carry the intention of the said recited acts into effectual execution, be it enacted [...], That from and after
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2688-430: The said assembly of New York for furnishing his Majesty's troops within the said province with all such necessaries as are required by the said acts of parliament ... it shall not be lawful for the governor ... to pass, or give his or their assent to, or concurrence in, the making or passing of any act of assembly; or his or their assent to any order, resolution, or vote, in concurrence with the house of representatives for
2752-427: The said plantations, as his Majesty [...] shall judge to be most for the advantage or trade, and security of the revenue of the said British colonies. 7 Geo. 3. c. 41 s. 1 Once the new Customs Board was in operation, enforcement increased, leading to a confrontation with smuggling colonists. Incidents between customs officials, military personnel and colonists broke out across the colonies, eventually leading to
2816-427: The said twentieth day of November, one thousand seven hundred and sixty seven, such writs of assistance, [...] shall and may be granted by the said superior or supreme court of justice having jurisdiction within such colony or plantation respectively. 7 Geo. 3. c. 46, s. 10 There was an angry response from colonists, who deemed the taxes a threat to their rights as British subjects. The use of writs of assistance
2880-406: The same in his Majesty's store-house next to the place where such seizure shall be made; and whereas by an act [...] it is, amongst other things, enacted, that the officers for collecting and managing his Majesty's revenue, and inspecting the plantation trade, in America, shall have the same powers and authorities [as] is provided for the officers of England: but, no authority being expressly given by
2944-497: The seizure of the ship as well as his confrontation with the authorities. The customs house was attacked and the sailors were forced to retreat to Romney and then to Castle William . The chief collector of customs, Joseph Harrison, his son, and Benjamin Hallowell, another customs official, were attacked by the mob when the crowd failed to block the British sailors who were towing the Liberty . Around 3,000 colonists participated in
3008-503: The series of events that led to the American Revolution . While the Liberty Affair took place on 10 June 1768, it was triggered by an earlier episode involving the smuggling of sixty casks of wine by Captain Daniel Malcolm in the spring of the same year. The new incident, which transpired on the evening of May 9, 1768, involved customs collectors boarding one of Hancock's ships, the Liberty . They found 25 pipes of Madeira wine,
3072-419: The squeeze on smuggling but also the exploits by unscrupulous customs agents that came with it. Such "customs racketeering" was, in the view of colonial merchants, essentially legalized piracy. Historian Edmund Morgan says: In the establishment of this American Board of Customs Commissioners, Americans saw the extension of England's corrupt system of officeholding to America. As Professor Dickerson has shown,
3136-702: The supreme court of each colony the power to issue " writs of assistance ", general warrants that could be issued to customs officers and used to search private property for smuggled goods. And whereas by an act of parliament, [...] it is lawful for any officer of his Majesty's customs, authorized by writ of assistance under the seal of his Majesty's court of exchequer, [...] and in the day-time to enter and go into any house, shop, cellar, warehouse, or room or other place, and in case of resistance, to break open doors, chests, trunks, and other package there, to seize, and from thence to bring, any kind of goods or merchandize whatsoever prohibited or uncustomed, and to put and secure
3200-415: The time being within the said colony, or for the said house of representatives to pass or make any bill, order, resolution, or vote, (orders, resolutions, or votes, for adjourning such house only, excepted) of any kind, for any other purpose whatsoever 7 Geo. 3. c. 59 Before the act was implemented, New York reluctantly agreed to provide some of the soldiers' needs, so it was never applied. This Act
3264-511: The trade or revenues of the British colonies or plantations in America , may be prosecuted, sued for, and recovered, in any court of vice-admiralty appointed, or to be appointed, and which shall have jurisdiction within the colony, plantation, or place, where the cause of such prosecution or suit shall have arisen. 8 Geo. 3. c. 22 s. 1 The decisions were made solely by the judge, without
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#17327725008593328-612: The vice admiralty courts, which did not have juries , was to help customs officials prosecute smugglers since colonial juries were reluctant to convict persons for violating unpopular trade regulations. Townshend also faced the problem of what to do about the New York General Assembly , which had refused to comply with the Quartering Act 1765 because its members saw the act's financial provisions as levying an unconstitutional tax. The New York Restraining Act (7 Geo 3 c 59), which according to historian Robert Chaffin
3392-543: The wealthy New England merchant, had his ship "Liberty" seized in 1768 on a false charge, incensing the colonists. Charges against Hancock were later dropped and his ship returned because of the fear that he would appeal to more scrupulous customs officials in Britain. Another measure to enforce the trade laws was the Vice Admiralty Court Act 1768 (8 Geo 3 c 22). Although often included in discussions of
3456-756: The year after the other four. Lord Charles Townshend, the Chancellor of the Exchequer, after whom the Townshend Acts were named, had died suddenly in September 1767, and so did not introduce this Act. The Act was passed to aid the prosecution of smugglers. It gave admiralty courts , rather than colonial courts, jurisdiction over all matters concerning customs violations and smuggling. Before the Act, customs violators could be tried in an admiralty court in Halifax, Nova Scotia, if royal prosecutors believed they would not get
3520-458: Was "officially a part of the Townshend Acts", suspended the power of the Assembly until it complied with the Quartering Act. The Restraining Act never went into effect because, by the time it was passed, the New York Assembly had already appropriated money to cover the costs of the Quartering Act. The Assembly avoided conceding the right of Parliament to tax the colonies by making no reference to
3584-556: Was Townshend's response to the failure of the Stamp Act 1765 , which had provided the first form of direct taxation placed upon the colonies. However, the import duties proved to be similarly controversial. Colonial indignation over the acts was expressed in John Dickinson 's Letters from a Farmer in Pennsylvania and in the Massachusetts Circular Letter . There was widespread protest, and American port cities refused to import British goods, so Parliament began to partially repeal
3648-533: Was guilty, the evidence presented was flimsy so that after five months of trial the charges were dropped. Hancock would later serve as the president of the colonists' revolutionary government and was the first to sign the American Declaration of Independence. The Liberty remained in the possession of the Royal Navy. John Sewall, the advocate general for Massachusetts, secured the ship's forfeiture as it had violated British trade acts. Liberty became
3712-517: Was handled by the Customs Board back in England. Due to the distance, enforcement was poor, taxes were avoided and smuggling was rampant. Be it therefore enacted [...] that the customs and other duties imposed [...] upon any goods or merchandise brought or imported into, or exported or carried from, any British colony or plantation in America , may, from time to time, be put under the management and direction of such commissioners, to reside in
3776-542: Was little opposition expressed in Parliament at the time. "Never could a fateful measure have had a more quiet passage", wrote historian Peter Thomas. The Revenue Act was passed in conjunction with the Indemnity Act 1767 (7 Geo 3 c 56), which was intended to make the tea of the British East India Company more competitive with smuggled Dutch tea. The Indemnity Act repealed taxes on tea imported to England, allowing it to be re-exported more cheaply to
3840-412: Was no difference between "internal" and "external" taxes, and that any taxes imposed on the colonies by Parliament for the sake of raising a revenue were unconstitutional. Dickinson warned colonists not to concede to the taxes just because the rates were low since this would set a dangerous precedent. Dickinson sent a copy of his "Letters" to James Otis of Massachusetts , informing Otis that "whenever
3904-562: Was not able to accomplish previously. Daniel Malcolm Captain Daniel Malcolm ( c. 1725 – October 23, 1769) was an American merchant, sea captain, and smuggler. Malcolm was known for resisting the British authorities in the years leading up to the American Revolutionary War . He was the brother of John Malcolm , a minor British customs officer who was violently tarred and feathered by
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#17327725008593968-595: Was passed together with the New York Restraining Act, on 2 July 1767. ' Indemnity ' means 'security or protection against a loss or other financial burden'. The Indemnity Act 1767 reduced taxes on the British East India Company when they imported tea into England. This allowed them to re-export the tea to the colonies more cheaply and resell it to the colonists. Until this time, all items had to be shipped to England first from wherever they were made and then re-exported to their destination, including to
4032-527: Was significantly controversial since the right to be secure in one's private property was an established right in Britain. This act was passed on 29 June 1767. It created a new Customs Board for the North American colonies, to be headquartered in Boston with five customs commissioners. New offices were eventually opened in other ports as well. The board was created to enforce shipping regulations and increase tax revenue. Previously, customs enforcement
4096-464: Was that any tax laid by Parliament for the purpose of raising revenue was unconstitutional. "Townshend's mistaken belief that Americans regarded internal taxes as unconstitutional and external taxes constitutional", wrote historian John Phillip Reid, "was of vital importance in the history of events leading to the Revolution." The Townshend Revenue Act received royal assent on 29 June 1767. There
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