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87-624: 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 the program. Historians vary slightly as to which acts they include under

174-487: A Boston merchant resisted a search with a seemingly exact knowledge of the law; John Hancock , a prominent merchant and well-known smuggler, would act in a similar manner when customs officials attempted to search his ship Lydia in 1768. Uncertainty about the legality of writs of assistance issued by colonial superior courts prompted Parliament to affirm that such writs were legal in the 1767 Townshend Acts . However, most colonial courts refused to issue general writs, and

261-543: A deputy sheriff, searched merchant Daniel Malcom's home, which was also his place of business. They claimed the authority to do so by a writ of assistance issued to customs official Benjamin Hallowell, and the information of a confidential informant. Malcom allowed them to search, but denied them access to a locked cellar, arguing that they did not have the legal authority to break it open. According to customs officials, Malcom threatened to use force to prevent them from opening

348-550: 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

435-432: A group of his ministers, the foremost of whom was Sir Robert Walpole , and by the end of his reign in 1727 the position of the ministers – who had to rely on Parliament for support – was cemented. George I's successor, his son George II , continued to follow through with his father's domestic policies and made little effort to re-establish monarchical control over the government which was now in firm control by Parliament. By

522-503: 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 the colonies. This followed from

609-608: A mandatory basis, for enforcement purposes. The notion of a writ of assistance in Canadian statute dates back at least to 1847, when a statute of the Province of Canada was passed providing for writs of assistance in customs enforcement; a statute of Nova Scotia referred to such a writ in 1834, while a New Brunswick statute dated to 1846. Statutory writs of assistance were described by the Exchequer Court of Canada (now

696-457: A person's property without giving a reason. Colonists protested that the writs violated their rights as British subjects . Among the grounds for which the colonists opposed the writs were that they were permanent and even transferable; the holder of a writ could assign it to another; any place could be searched at the whim of the holder; and searchers were not responsible for any damage they caused. All writs of assistance expired six months after

783-671: A specific warrant. These writs became controversial when they were issued by courts in British America between 1755 and 1760 (then mirroring like writs having previously been issued, and being enforced, in the motherland by Britain's Exchequer Court), especially the Province of Massachusetts Bay . Controversy over these general writs of assistance inspired the Fourth Amendment to the United States Constitution , which forbids general search warrants in

870-663: Is included in Wales in these tables. Sources for this period may include the county in England. Table 1: Constituencies and Members, by type and country Table 2: Number of seats per constituency, by type and country 51°29′57″N 00°07′29″W  /  51.49917°N 0.12472°W  / 51.49917; -0.12472 Writs of assistance In general, customs writs of assistance served as general search warrants that did not expire, allowing customs officials to search anywhere for smuggled goods without having to obtain

957-454: Is no provision for this within the treaty; furthermore, the incumbent officers and members representing England comprised the overwhelming majority of the new body. It was not even considered necessary to hold a new general election. While Scots law and Scottish legislation remained separate, new legislation was thereafter to be enacted by the new parliament, with the exception of that pertaining to private right which could only legislated on for

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1044-646: 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

1131-501: 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 was that any tax laid by Parliament for

1218-590: 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,

1305-627: The Federal Court ) as "in effect, search warrants unrelated to any particular suspected offence and of continuing operation, which are issued to members of the Royal Canadian Mounted Police and other officers in the service of the Government of Canada to have effect as long as the holder continues to hold the position by virtue of which the writ was issued to him." Perhaps more concisely, one commentator described

1392-474: The Law Reform Commission of Canada in a 1983 report, "[i]n essence, they are documents that identify their holders as members of a specific class of peace officers with special powers of warrantless search and seizure." Moreover, although search warrants are subject to various common law requirements of particularity, the same was not evidently true for statutory writs of assistance. In 1984,

1479-747: The Middle Ages , so that in many "rotten" and "pocket" boroughs seats could be bought, while major cities remained unrepresented, except by the Knights of the Shire representing whole counties. Reformers and Radicals sought parliamentary reform, but as the French Revolutionary Wars developed the British government became repressive against dissent and progress towards reform was stalled. George II's successor, George III , sought to restore royal supremacy and absolute monarchy, but by

1566-594: 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

1653-788: 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

1740-653: The "evident utility" of the people. England's de facto prominence in the new parliament was, and remains, a contentious issue. After the Hanoverian King George I ascended the British throne in 1714 through the Act of Settlement of 1701 , real power continued to shift away from the monarchy. George was a German ruler, spoke poor English, and remained interested in governing his dominions in continental Europe rather than in Britain. He thus entrusted power to

1827-607: The "rotten boroughs" to London and the counties were defeated in the House of Commons by 248 votes to 174. In the wake of the French Revolution of 1789, Radical organisations such as the London Corresponding Society sprang up to press for parliamentary reform, but as the French Revolutionary Wars developed the government took extensive repressive measures against feared domestic unrest aping

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1914-469: The British unwritten constitution hearkening back to the Magna Carta . Any law in violation of the constitution or " natural law " which underlay it, he said, was void. A writ of assistance was used in an incident known as the "Malcom Affair", which was described by legal scholar William Cuddihy as "the most famous search in colonial America." The episode demonstrated a fundamental difference between

2001-788: 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 the Massachusetts Circular Letter , other colonies also sent petitions to

2088-701: 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

2175-474: 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

2262-490: The English nobility. Most candidates for the House of Commons were identified as Whigs or Tories , but once elected they formed shifting coalitions of interests rather than dividing along clear party lines. At general elections the vote was restricted in most places to property owners, in constituencies which were out of date and did not reflect the growing importance of manufacturing towns or shifts of population, so that in

2349-648: The House refused to comply, and Bernard promptly dissolved the legislature. Parliament of Great Britain List of parliaments of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland . The Acts ratified the treaty of Union which created a new unified Kingdom of Great Britain and created

2436-475: The Malcom case was apparently the last time a writ of assistance was issued in Boston. In response to the much-hated general writs, several of the colonies included a particularity requirement for search warrants in their constitutions when they established independent governments in 1776; the phrase "particularity requirement" is the legal term of art used in period cases to refer to an express requirement that

2523-533: 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

2610-531: 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

2697-601: 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

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2784-694: 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

2871-498: The Treaty were passed in both the Parliament of England and the Parliament of Scotland, which created a new Kingdom of Great Britain. The Acts paved the way for the enactment of the treaty of Union which created a new parliament, referred to as the 'Parliament of Great Britain', based in the home of the former English parliament. All of the traditions, procedures, and standing orders of the English parliament were retained, although there

2958-463: The United Kingdom and may be used by customs officers to enter any building by force and search and seize anything liable to forfeiture. The officer must have reasonable grounds to suspect that goods liable for forfeiture are kept on the premises and that the goods are likely to be removed, destroyed or lost before a search warrant can be obtained and executed. Writs of assistance are valid from

3045-471: The United States of America. Though generally these colonial writs were no more onerous than the ones enforced in Britain, a fallacious 1760 London Magazine article asserted the writs issued in the motherland "...were specific , not general" thereby generating the perception in the colonies that the colonists were being treated unfairly. John Adams was to later assert that the ensuing court battle

3132-425: 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

3219-530: 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,

3306-452: 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

3393-457: 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

3480-400: 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

3567-477: The colonists' view of their rights and the official British view of imperial law. "The Malcom affair was a minor matter, a comedy of blundering revenue officers and barricaded colonials," wrote legal historian John Phillip Reid, "but were we to dismiss it in haste we might run the risk of dismissing much of the story of the American Revolution." On 24 September 1766, customs officials in Boston, with

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3654-516: 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 the said assembly of New York for furnishing his Majesty's troops within

3741-573: 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

3828-547: The date of issue and cease to be valid six months after the end of the reign of the monarch under which the order was issued. Until 1985, four federal statutes in Canada—the Customs Act , Excise Tax Act , Food and Drugs Act , and Narcotic Control Act —provided that writs of assistance were to be granted to officers of the Royal Canadian Mounted Police and other federal officers, on

3915-475: The death of the king, at which time new writs had to be obtained. With the death of King George II on 25 October 1760, all writs would expire on 25 April 1761. The crisis began on 27 December 1760 when news of King George II's death reached Boston and the people of Massachusetts learned that all writs faced termination. Within three weeks, the writs were challenged by a group of 63 Boston merchants represented by fiery Boston attorney James Otis Jr. A countersuit

4002-636: The democratic and egalitarian ideals of the French Revolution and progress toward reform was stalled for decades. In 1801, the Parliament of the United Kingdom was created when the Kingdom of Great Britain was united with the Kingdom of Ireland to become the United Kingdom of Great Britain and Ireland under the Acts of Union 1800 . Monmouthshire (One County constituency with two members and one single member Borough constituency)

4089-417: The door; according to Malcom and his supporters, his threat specified resisting any unlawful forced entry. The officials left and returned with a specific search warrant, only to find that Malcom had locked his house. A crowd supportive of Malcom had gathered around the house; Tories claimed that this "mob" numbered 300 or more people and was hostile to the customs officers, while Whigs insisted that this

4176-612: The electors of Westminster. This included calls for the six points later adopted by the Chartists . The American War of Independence ended in defeat for a foreign policy that sought to prevent the thirteen American colonies from breaking away and forming their own independent nation , something which George III had fervently advocated, and in March 1782 the king was forced to appoint an administration led by his opponents which sought to curb royal patronage. In November of 1783, he took

4263-403: The end of his reign the position of the king's ministers – who discovered that they needed the support of Parliament to enact any major changes – had become central to the role of British governance, and would remain so ever after. During the first half of George III's reign, the monarch still had considerable influence over Parliament, which itself was dominated by the patronage and influence of

4350-486: The end of the 18th century the monarch still had considerable influence over Parliament, which was dominated by the English aristocracy, by means of patronage , but had ceased to exert direct power: for instance, the last occasion on which royal assent was withheld was in 1708 by Queen Anne , even this being done only at the request of her ministers. At general elections the vote was restricted to freeholders and landowners, in constituencies that had changed little since

4437-569: 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

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4524-404: 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 the newly created office of Colonial Secretary ,

4611-432: The law, the constitutional historian John Phillip Reid argued that Malcom's actions were lawful—so precisely lawful, in fact, that Reid speculated that Malcom may have been acting under the advice of his lawyer, James Otis. According to Reid, Malcom and Otis may have been attempting to provoke a lawsuit so that they could once again "challenge the validity of writs of assistance" in court. This was one of several incidents when

4698-413: The legal effect of a writ of assistance as, "to all intents and purposes, a blanket warrant" which "authorizes the holder to search for particular things (e.g., controlled drugs or smuggled goods) anywhere and at any time." However, since judicial authorization was not required for any given search conducted pursuant to a writ of assistance, this characterization is somewhat misleading. Rather, as noted by

4785-421: The merchants. However, Otis's arguments were published in the colonies, and stirred widespread support for colonial rights. As a young lawyer John Adams observed the case in the packed courtroom. Moved by Otis's performance and legal arguments, he later declared that "Then and there the child Independence was born". In a pamphlet published in 1765, Otis expanded his argument that the general writs violated

4872-647: 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

4959-634: 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 the British troops stationed there to defend

5046-612: The opportunity to use his influence in the House of Lords to defeat a bill to reform the Honourable East India Company , dismissed the government of the day, and appointed William Pitt the Younger to form a new government. Pitt had previously called for Parliament to begin to reform itself, but he did not press for long for reforms the king did not like. Proposals Pitt made in April 1785 to redistribute seats from

5133-463: 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

5220-559: The parliament of Great Britain located in the former home of the English parliament in the Palace of Westminster , near the City of London . This lasted nearly a century, until the Acts of Union 1800 merged the separate British and Irish Parliaments into a single Parliament of the United Kingdom with effect from 1 January 1801. Following the Treaty of Union in 1706, Acts of Union ratifying

5307-456: 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 a common and successful practice, Parliament realized how difficult it

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5394-544: 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

5481-411: 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 was little opposition expressed in Parliament at

5568-403: The rotten and pocket boroughs seats in parliament could be bought from the rich landowners who controlled them, while major cities remained unrepresented. Reformers like William Beckford and Radicals beginning with John Wilkes called for reform of the system. In 1780, a draft programme of reform was drawn up by Charles James Fox and Thomas Brand Hollis and put forward by a sub-committee of

5655-470: 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

5742-492: 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 was passed together with the New York Restraining Act, on 2 July 1767. ' Indemnity ' means 'security or protection against

5829-426: 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

5916-401: 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 the time being within the said colony, or for

6003-425: 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

6090-405: 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

6177-418: 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,

6264-699: 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

6351-629: The target of a search warrant must be "particularly" described in detail. Several years later, the Fourth Amendment to the United States Constitution also contained a particularity requirement that outlawed the use of writs of assistance (and all general search warrants) by the federal government. Later, the Fourth Amendment was incorporated against the states via the Fourteenth Amendment , and writs of assistance were proscribed. Writs of assistance continue to have force in

6438-410: 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

6525-510: 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

6612-609: 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

6699-486: 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

6786-456: 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

6873-556: 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

6960-504: Was a peaceful gathering of about 50 curious onlookers, mostly boys. No violence occurred, but reports written by Governor Francis Bernard and the customs officials created the impression in Britain that a riot had taken place. The incident furthered Boston's reputation in Britain as a lawless town controlled by "mobs", a reputation that would contribute to the government's decision to send troops in 1768. Although British officials, and some historians, described Malcom as acting in defiance of

7047-619: 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 the Circular Letter. By a vote of 92 to 17,

7134-537: Was filed by a British customs agent Paxton, and together these are known as "Paxton's case". Otis argued the famous writs of assistance case at the Old State House in Boston in February 1761 and again on 16 November 1761. Otis gave the speech of his life, making references to liberty, English common law, "a man's house is his castle," and the colonists's " rights as Englishmen ." The court ruled against

7221-517: 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

7308-410: 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

7395-524: 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

7482-490: Was the "seeds of the American Revolution." General writs of assistance played an important role in the increasing tensions that led to the American Revolution and the creation of the United States of America. In 1760, Great Britain began to enforce some of the provisions of the Navigation Acts by granting customs officers these writs. In New England , smuggling had become common. However, officers could not search

7569-476: 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, the year after the other four. Lord Charles Townshend,

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