Townshend Acts
Encyclopedia
The Townshend Acts were a series of laws passed beginning in 1767 by the Parliament of Great Britain
relating to the British colonies
in North America. The acts are named after Charles Townshend, the Chancellor of the Exchequer, who proposed the program. Historians vary slightly in which acts they include under the heading "Townshend Acts", but five laws are frequently mentioned: the Revenue Act of 1767, the Indemnity Act, the Commissioners of Customs Act, the Vice Admiralty Court Act, and the New York Restraining Act.
The purpose of the Townshend Acts was to raise revenue in the colonies to pay the salaries of governors and judges so that they would be independent of colonial rule, to create a more effective means of enforcing compliance with trade regulations, to punish the province of New York
for failing to comply with the 1765 Quartering Act
, and to establish the precedent that the British Parliament had the right to tax the colonies. The Townshend Acts were met with resistance in the colonies, prompting the occupation of Boston
by British troops in 1768, which eventually resulted in the Boston Massacre
of 1770.
As a result of the massacre in Boston, Parliament began to consider a motion to partially repeal the Townshend duties. Most of the new taxes were repealed, but the tax on tea was retained. The British government continued in its attempt to tax the colonists without their consent
, however, the Boston Tea Party
and the American Revolution
followed.
(1756–1763), the British Empire
was deep in debt. To help pay some of the costs of the newly expanded empire, the British Parliament
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 the Sugar Act
of 1764, Parliament sought, for the first time, to tax the colonies for the specific purpose of raising revenue. American colonists initially objected to the Sugar Act for economic reasons, but before long they recognized that there were constitutional issues involved.
According to the British Constitution, British subjects could not be taxed without the consent
of their representatives in Parliament. Because the colonies elected no members of the British Parliament, many colonists viewed Parliament's attempt to tax them as a violation of the constitutional doctrine of taxation only by consent. Some Britain politicians countered this argument with the theory of "virtual representation", which maintained that the colonists were in fact represented in Parliament even though they elected no members. This issue, only briefly debated following the Sugar Act, became a major point of contention following Parliament's passage of the 1765 Stamp Act
. The Stamp Act proved to be wildly unpopular in the colonies, compelling Parliament to repeal it the following year.
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 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".
's new approach for 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
, 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 British government's belief that the colonists would accept "external" taxes resulted from a misunderstanding of the colonial objection to the Stamp Act. 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 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 the royal assent
on 29 June 1767. There 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 of 1767, 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 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 warrant
s, 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 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 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".
. The American Customs Board would generate considerable hostility in the colonies towards the British government. According to historian Oliver M. Dickerson, "The actual separation of the continental colonies from the rest of the Empire dates from the creation of this independent administrative board."
Another measure to aid in enforcement of the trade laws was the Vice Admiralty Court Act of 1768. Although often included in discussions of 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 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 Provincial Assembly, which had refused to comply with the 1765 Quartering Act
because its members saw the act's financial provisions as levying an unconstitutional tax. The New York Restraining Act, which according to historian Robert Chaffin 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 the Quartering Act when appropriating this money; they also passed a resolution stating that Parliament could not constitutionally suspend an elected legislature.
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 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 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 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
, 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, the House refused to comply, and Bernard promptly dissolved the legislature.
and George Mason
. When the Virginia House of Burgesses
passed a resolution stating that Parliament had no right to tax Virginians without their consent, Governor Lord Botetourt dissolved the assembly. The members met at Raleigh Tavern
and adopted a boycott agreement known as the "Association".
The non-importation movement was not as effective as promoters had hoped. British exports to the colonies declined by 38 percent in 1769, but there were many merchants who did not participate in the boycott. The boycott movement began to fail by 1770, and came to an end in 1771.
complied by sending the fifty-gun warship HMS Romney
, which arrived in Boston Harbor
in May 1768.
On June 10,1768, customs officials seized the Liberty
, a sloop owned by leading Boston merchant John Hancock
, on allegations that the ship had been involved in smuggling. Bostonians, already angry because the captain of the Romney had been impressing
local sailors, began to riot. Customs officials fled to Castle William
for protection. With John Adams
serving as his lawyer, Hancock was prosecuted in a highly publicized trial by a vice-admiralty court
, but the charges were eventually dropped.
Given the unstable state of affairs in Massachusetts, Hillsborough instructed Governor Bernard to try to find evidence of treason
in Boston. Parliament had determined that the Treason Act 1543
was still in force, which would allow Bostonians to be transported to England to stand trial for treason. Bernard could find no one who was willing to provide reliable evidence, however, and so there were no treason trials. The possibility that American colonists might be arrested and sent to England for trial produced alarm and outrage in the colonies.
Even before the Liberty riot, Hillsborough had decided to send troops to Boston. On 8 June 1768, he instructed General Thomas Gage
, Commander-in-Chief, North America
, to send "such Force as You shall think necessary to Boston", although he conceded that this might lead to "consequences not easily foreseen". Hillsborough suggested that Gage might send one regiment to Boston, but the Liberty incident convinced officials that more than one regiment would be needed.
People in Massachusetts learned in September 1768 that troops were on the way. Samuel Adams
organized an emergency, extralegal convention of towns and passed resolutions against the imminent occupation of Boston, but on 1 October 1768, the first of four regiments of the British Army
began disembarking in Boston, and the Customs Commissioners returned to town. The "Journal of Occurrences
", an anonymously written series of newspaper articles, chronicled clashes between civilians and soldiers during the military occupation of Boston, apparently with some exaggeration. Tensions rose after Christopher Seider
, a Boston teenager, was killed by a customs employee on 22 February 1770. Although British soldiers were not involved in that incident, resentment against the occupation escalated in the days that followed, resulting in the killing of five civilians in the so-called Boston Massacre
of 5 March 1770. After the incident, the troops were withdrawn to Castle William.
—Lord North, the new Prime Minister, presented a motion in the House of Commons that called for partial repeal of the Townshend Revenue Act. Although some in Parliament advocated a complete repeal of the act, North disagreed, arguing that the tea duty should be retained to assert "the right of taxing the Americans". After debate, the Repeal Act received the Royal Assent
on 12 April 1770.
Historian Robert Chaffin argued that little had actually changed:
The Townshend duty on tea was retained when the 1773 Tea Act
was passed, which allowed the East India Company to ship tea directly to the colonies. The Boston Tea Party
soon followed, which set the stage for the American Revolution
.
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
relating to the British colonies
British America
For American people of British descent, see British American.British America is the anachronistic term used to refer to the territories under the control of the Crown or Parliament in present day North America , Central America, the Caribbean, and Guyana...
in North America. The acts are named after Charles Townshend, the Chancellor of the Exchequer, who proposed the program. Historians vary slightly in which acts they include under the heading "Townshend Acts", but five laws are frequently mentioned: the Revenue Act of 1767, the Indemnity Act, the Commissioners of Customs Act, the Vice Admiralty Court Act, and the New York Restraining Act.
The purpose of the Townshend Acts was to raise revenue in the colonies to pay the salaries of governors and judges so that they would be independent of colonial rule, to create a more effective means of enforcing compliance with trade regulations, to punish the province of New York
Province of New York
The Province of New York was an English and later British crown territory that originally included all of the present U.S. states of New York, New Jersey, Delaware and Vermont, along with inland portions of Connecticut, Massachusetts, and Maine, as well as eastern Pennsylvania...
for failing to comply with the 1765 Quartering Act
Quartering Act
The Quartering Act is the name of at least two 18th-century acts of the Parliament of Great Britain. These Quartering Acts ordered the local governments of the American colonies to provide housing and provisions for British soldiers. They were amendments to the Mutiny Act, which had to be renewed...
, and to establish the precedent that the British Parliament had the right to tax the colonies. The Townshend Acts were met with resistance in the colonies, prompting the occupation of Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
by British troops in 1768, which eventually resulted in the Boston Massacre
Boston Massacre
The Boston Massacre, called the Boston Riot by the British, was an incident on March 5, 1770, in which British Army soldiers killed five civilian men. British troops had been stationed in Boston, capital of the Province of Massachusetts Bay, since 1768 in order to protect and support...
of 1770.
As a result of the massacre in Boston, Parliament began to consider a motion to partially repeal the Townshend duties. Most of the new taxes were repealed, but the tax on tea was retained. The British government continued in its attempt to tax the colonists without their consent
No taxation without representation
"No taxation without representation" is a slogan originating during the 1750s and 1760s that summarized a primary grievance of the British colonists in the Thirteen Colonies, which was one of the major causes of the American Revolution...
, however, the Boston Tea Party
Boston Tea Party
The Boston Tea Party was a direct action by colonists in Boston, a town in the British colony of Massachusetts, against the British government and the monopolistic East India Company that controlled all the tea imported into the colonies...
and the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
followed.
Background
Following the Seven Years' WarSeven Years' War
The Seven Years' War was a global military war between 1756 and 1763, involving most of the great powers of the time and affecting Europe, North America, Central America, the West African coast, India, and the Philippines...
(1756–1763), the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
was deep in debt. To help pay some of the costs of the newly expanded empire, the British Parliament
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
decided to levy new taxes on the colonies of British America
British America
For American people of British descent, see British American.British America is the anachronistic term used to refer to the territories under the control of the Crown or Parliament in present day North America , Central America, the Caribbean, and Guyana...
. Previously, through the Trade and Navigation Acts, Parliament had used taxation to regulate the trade of the empire. But with the Sugar Act
Sugar Act
The Sugar Act, also known as the American Revenue Act or the American Duties Act, was a revenue-raising act passed by the Parliament of Great Britain on April 5, 1764. The preamble to the act stated: "it is expedient that new provisions and regulations should be established for improving the...
of 1764, Parliament sought, for the first time, to tax the colonies for the specific purpose of raising revenue. American colonists initially objected to the Sugar Act for economic reasons, but before long they recognized that there were constitutional issues involved.
According to the British Constitution, British subjects could not be taxed without the consent
No taxation without representation
"No taxation without representation" is a slogan originating during the 1750s and 1760s that summarized a primary grievance of the British colonists in the Thirteen Colonies, which was one of the major causes of the American Revolution...
of their representatives in Parliament. Because the colonies elected no members of the British Parliament, many colonists viewed Parliament's attempt to tax them as a violation of the constitutional doctrine of taxation only by consent. Some Britain politicians countered this argument with the theory of "virtual representation", which maintained that the colonists were in fact represented in Parliament even though they elected no members. This issue, only briefly debated following the Sugar Act, became a major point of contention following Parliament's passage of the 1765 Stamp Act
Stamp Act 1765
The Stamp Act 1765 was a direct tax imposed by the British Parliament specifically on the colonies of British America. The act required that many printed materials in the colonies be produced on stamped paper produced in London, carrying an embossed revenue stamp...
. The Stamp Act proved to be wildly unpopular in the colonies, compelling Parliament to repeal it the following year.
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 the colonies. Parliament provided its answer to this question when it repealed the Stamp Act in 1766 by simultaneously passing the Declaratory Act
Declaratory Act
The Declaratory Act was a declaration by the British Parliament in 1766 which accompanied the repeal of the Stamp Act 1765. The government repealed the Stamp Act because boycotts were hurting British trade and used the declaration to justify the repeal and save face...
, which proclaimed that Parliament could legislate for the colonies "in all cases whatsoever".
Raising revenue
The first of the Townshend Acts, sometimes simply known as the Townshend Act, was the Revenue Act of 1767. This act represented the Chatham ministryChatham Ministry
The Chatham Ministry was a British government led by William Pitt, 1st Earl of Chatham that ruled between 1766 and 1768. Because of Pitt's former prominence before his title, it is sometimes referred to as the Pitt Ministry...
's new approach for 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
Charles Townshend
Charles Townshend was a British politician. He was born at his family's seat of Raynham Hall in Norfolk, England, the second son of Charles Townshend, 3rd Viscount Townshend, and Audrey , daughter and heiress of Edward Harrison of Ball's Park, near Hertford, a lady who rivalled her son in...
, the Chancellor of the Exchequer
Chancellor of the Exchequer
The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all economic and financial matters. Often simply called the Chancellor, the office-holder controls HM Treasury and plays a role akin to the posts of Minister of Finance or Secretary of the...
, devised a plan that placed new duties
Duty (economics)
In economics, a duty is a kind of tax, often associated with customs, a payment due to the revenue of a state, levied by force of law. It is a tax on certain items purchased abroad...
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 British government's belief that the colonists would accept "external" taxes resulted from a misunderstanding of the colonial objection to the Stamp Act. 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 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 the royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 29 June 1767. There 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 of 1767, which was intended to make the tea of the British East India Company
British East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
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 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 warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
s, 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 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
Power of the purse
The power of the purse is the ability of one group to manipulate and control the actions of another group by withholding funding, or putting stipulations on the use of funds. The power of the purse can be used to save their money and positively or negatively The power of the purse is the ability...
" 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 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".
Enforcing compliance
To better collect the new taxes, the Commissioners of Customs Act of 1767 established the American Board of Customs Commissioners, which was modeled on the British Board of Customs. The American Customs 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 BostonBoston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
. The American Customs Board would generate considerable hostility in the colonies towards the British government. According to historian Oliver M. Dickerson, "The actual separation of the continental colonies from the rest of the Empire dates from the creation of this independent administrative board."
Another measure to aid in enforcement of the trade laws was the Vice Admiralty Court Act of 1768. Although often included in discussions of the Townshend Acts, this act was initiated by the Cabinet
Cabinet of the United Kingdom
The Cabinet of the United Kingdom is the collective decision-making body of Her Majesty's Government in the United Kingdom, composed of the Prime Minister and some 22 Cabinet Ministers, the most senior of the government ministers....
when Townshend was not present, and was not passed until after his death. Before this act, there was just one vice admiralty court
Vice admiralty court
Vice admiralty courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. Judges were given 5% of confiscated cargo, if they found a smuggling defendant guilty...
in North America, located in Halifax
City of Halifax
Halifax is a city in Canada, which was the capital of the province of Nova Scotia and shire town of Halifax County. It was the largest city in Atlantic Canada until it was amalgamated into Halifax Regional Municipality in 1996...
, Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
. 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
Charleston, South Carolina
Charleston is the second largest city in the U.S. state of South Carolina. It was made the county seat of Charleston County in 1901 when Charleston County was founded. The city's original name was Charles Towne in 1670, and it moved to its present location from a location on the west bank of the...
. One purpose of the vice admiralty courts, which did not have juries
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, 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 Provincial Assembly, which had refused to comply with the 1765 Quartering Act
Quartering Act
The Quartering Act is the name of at least two 18th-century acts of the Parliament of Great Britain. These Quartering Acts ordered the local governments of the American colonies to provide housing and provisions for British soldiers. They were amendments to the Mutiny Act, which had to be renewed...
because its members saw the act's financial provisions as levying an unconstitutional tax. The New York Restraining Act, which according to historian Robert Chaffin 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 the Quartering Act when appropriating this money; they also passed a resolution stating that Parliament could not constitutionally suspend an elected legislature.
Reaction
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 the program 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
John Dickinson (delegate)
John Dickinson was an American lawyer and politician from Philadelphia, Pennsylvania and Wilmington, Delaware. He was a militia officer during the American Revolution, a Continental Congressman from Pennsylvania and Delaware, a delegate to the U.S. Constitutional Convention of 1787, President of...
entitled "Letters from a Farmer in Pennsylvania
Letters from a Farmer in Pennsylvania
Letters from a Farmer in Pennsylvania is a series of essays written by the Pennsylvania lawyer and legislator John Dickinson and published under the name "A Farmer" from 1767 to 1768. The twelve letters were widely read and reprinted throughout the thirteen colonies, and were important in uniting...
", which began appearing in December 1767. Eloquently articulating ideas already widely accepted in the colonies, Dickinson argued that there 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
James Otis, Jr.
James Otis, Jr. was a lawyer in colonial Massachusetts, a member of the Massachusetts provincial assembly, and an early advocate of the political views that led to the American Revolution. The phrase "Taxation without Representation is Tyranny" is usually attributed to him...
of Massachusetts
Province of Massachusetts Bay
The Province of Massachusetts Bay was a crown colony in North America. It was chartered on October 7, 1691 by William and Mary, the joint monarchs of the kingdoms of England and Scotland...
, informing Otis that "whenever the Cause of American Freedom is to be vindicated, I look towards the Province of Massachusetts Bay". The Massachusetts House of Representatives
Massachusetts House of Representatives
The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from single-member electoral districts across the Commonwealth. Representatives serve two-year terms...
began a campaign against the Townshend Acts by first sending a petition to King George
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
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
Massachusetts circular letter
The Massachusetts Circular Letter was a statement written by Samuel Adams and passed by the Massachusetts House of Representatives in February 1768 in response to the Townshend Acts...
, 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
Wills Hill, 1st Marquess of Downshire
Wills Hill, 1st Marquess of Downshire PC , known as the Viscount Hillsborough from 1742 to 1751 and as the Earl of Hillsborough from 1751 to 1789, was a British politician of the Georgian era...
, who had recently been appointed to the newly created office of Colonial Secretary
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
, 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, the House refused to comply, and Bernard promptly dissolved the legislature.
Boycotts
Merchants in the colonies, some of them smugglers, organized economic boycotts to put pressure on their British counterparts to work for repeal of the Townshend Acts. Boston merchants organized the first non-importation agreement, which called for merchants to suspend importation of certain British goods effective 1 January 1769. Merchants in other colonial ports, including New York City and Philadelphia, eventually joined the boycott. In Virginia, the non-importation effort was organized by George WashingtonGeorge Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
and George Mason
George Mason
George Mason IV was an American Patriot, statesman and a delegate from Virginia to the U.S. Constitutional Convention...
. When the Virginia House of Burgesses
House of Burgesses
The House of Burgesses was the first assembly of elected representatives of English colonists in North America. The House was established by the Virginia Company, who created the body as part of an effort to encourage English craftsmen to settle in North America...
passed a resolution stating that Parliament had no right to tax Virginians without their consent, Governor Lord Botetourt dissolved the assembly. The members met at Raleigh Tavern
Raleigh Tavern
Raleigh Tavern in Williamsburg, Virginia, gained some fame in the pre-American Revolutionary War Colony of Virginia as a gathering place for the Burgesses after several Royal Governors officially dissolved the House of Burgesses, the elected legislative body, when their actions did not suit the Crown...
and adopted a boycott agreement known as the "Association".
The non-importation movement was not as effective as promoters had hoped. British exports to the colonies declined by 38 percent in 1769, but there were many merchants who did not participate in the boycott. The boycott movement began to fail by 1770, and came to an end in 1771.
Unrest in Boston
The newly created American Customs Board was seated in Boston, and so it was there that the Board concentrated on strictly enforcing the Townshend Acts. The acts were so unpopular in Boston that the Customs Board requested naval and military assistance. Commodore Samuel HoodSamuel Hood, 1st Viscount Hood
Samuel Hood, 1st Viscount Hood was a British Admiral known particularly for his service in the American War of Independence and French Revolutionary Wars...
complied by sending the fifty-gun warship HMS Romney
HMS Romney (1762)
HMS Romney was a 50-gun fourth rate of the Royal Navy. She served during the American War of Independence, and the French Revolutionary and Napoleonic Wars in a career that spanned forty years....
, which arrived in Boston Harbor
Boston Harbor
Boston Harbor is a natural harbor and estuary of Massachusetts Bay, and is located adjacent to the city of Boston, Massachusetts. It is home to the Port of Boston, a major shipping facility in the northeast.-History:...
in May 1768.
On June 10,1768, customs officials seized the Liberty
HMS Liberty (1768)
HMS Liberty was a British ship that was burned in 1769 by American colonists in Newport, Rhode Island as one of the first acts of open defiance against the British crown.-History:The ship was originally owned by John Hancock...
, a sloop owned by leading Boston merchant John Hancock
John Hancock
John Hancock was a merchant, statesman, and prominent Patriot of the American Revolution. He served as president of the Second Continental Congress and was the first and third Governor of the Commonwealth of Massachusetts...
, on allegations that the ship had been involved in smuggling. Bostonians, already angry because the captain of the Romney had been impressing
Impressment
Impressment, colloquially, "the Press", was the act of taking men into a navy by force and without notice. It was used by the Royal Navy, beginning in 1664 and during the 18th and early 19th centuries, in wartime, as a means of crewing warships, although legal sanction for the practice goes back to...
local sailors, began to riot. Customs officials fled to Castle William
Fort Independence (Massachusetts)
Fort Independence is a granite star fort that provided harbor defenses for Boston, Massachusetts. Located on Castle Island, Fort Independence is the oldest continuously fortified site of English origin in the United States. The first primitive fortification was placed on the site in 1634 and...
for protection. With John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...
serving as his lawyer, Hancock was prosecuted in a highly publicized trial by a vice-admiralty court
Vice admiralty court
Vice admiralty courts were juryless courts located in British colonies that were granted jurisdiction over local legal matters related to maritime activities, such as disputes between merchants and seamen. Judges were given 5% of confiscated cargo, if they found a smuggling defendant guilty...
, but the charges were eventually dropped.
Given the unstable state of affairs in Massachusetts, Hillsborough instructed Governor Bernard to try to find evidence of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
in Boston. Parliament had determined that the Treason Act 1543
Treason Act 1543
The Treason Act 1543 was an Act of the Parliament of England during the reign of King Henry VIII of England, which stated that acts of treason or misprision of treason that were committed outside the realm of England could be tried within England...
was still in force, which would allow Bostonians to be transported to England to stand trial for treason. Bernard could find no one who was willing to provide reliable evidence, however, and so there were no treason trials. The possibility that American colonists might be arrested and sent to England for trial produced alarm and outrage in the colonies.
Even before the Liberty riot, Hillsborough had decided to send troops to Boston. On 8 June 1768, he instructed General Thomas Gage
Thomas Gage
Thomas Gage was a British general, best known for his many years of service in North America, including his role as military commander in the early days of the American War of Independence....
, Commander-in-Chief, North America
Commander-in-Chief, North America
The office of Commander-in-Chief, North America was a military position of the British Army. Established in 1755 in the early years of the Seven Years' War, holders of the post were generally responsible for land-based military personnel and activities in and around those parts of North America...
, to send "such Force as You shall think necessary to Boston", although he conceded that this might lead to "consequences not easily foreseen". Hillsborough suggested that Gage might send one regiment to Boston, but the Liberty incident convinced officials that more than one regiment would be needed.
People in Massachusetts learned in September 1768 that troops were on the way. Samuel Adams
Samuel Adams
Samuel Adams was an American statesman, political philosopher, and one of the Founding Fathers of the United States. As a politician in colonial Massachusetts, Adams was a leader of the movement that became the American Revolution, and was one of the architects of the principles of American...
organized an emergency, extralegal convention of towns and passed resolutions against the imminent occupation of Boston, but on 1 October 1768, the first of four regiments of the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
began disembarking in Boston, and the Customs Commissioners returned to town. The "Journal of Occurrences
Journal of Occurrences
The "Journal of Occurrences", also known as "Journal of the Times" and "Journal of Transactions in Boston", was a series of newspaper articles published from 1768 to 1769 in the New York Journal, chronicling the occupation of Boston, Massachusetts, by the British Army...
", an anonymously written series of newspaper articles, chronicled clashes between civilians and soldiers during the military occupation of Boston, apparently with some exaggeration. Tensions rose after Christopher Seider
Christopher Seider
Christopher Seider , baptized in Braintree, Massachusetts, in March 1759 , was a boy killed in a political fight in Boston on February 22, 1770...
, a Boston teenager, was killed by a customs employee on 22 February 1770. Although British soldiers were not involved in that incident, resentment against the occupation escalated in the days that followed, resulting in the killing of five civilians in the so-called Boston Massacre
Boston Massacre
The Boston Massacre, called the Boston Riot by the British, was an incident on March 5, 1770, in which British Army soldiers killed five civilian men. British troops had been stationed in Boston, capital of the Province of Massachusetts Bay, since 1768 in order to protect and support...
of 5 March 1770. After the incident, the troops were withdrawn to Castle William.
Partial repeal
On 5 March 1770— the same day as the Boston MassacreBoston Massacre
The Boston Massacre, called the Boston Riot by the British, was an incident on March 5, 1770, in which British Army soldiers killed five civilian men. British troops had been stationed in Boston, capital of the Province of Massachusetts Bay, since 1768 in order to protect and support...
—Lord North, the new Prime Minister, presented a motion in the House of Commons that called for partial repeal of the Townshend Revenue Act. Although some in Parliament advocated a complete repeal of the act, North disagreed, arguing that the tea duty should be retained to assert "the right of taxing the Americans". After debate, the Repeal Act received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 12 April 1770.
Historian Robert Chaffin argued that little had actually changed:
It would be inaccurate to claim that a major part of the Townshend Acts had been repealed. The revenue-producing tea levy, the American Board of Customs and, most important, the principle of making governors and magistrates independent all remained. In fact, the modification of the Townshend Duties Act was scarcely any change at all.
The Townshend duty on tea was retained when the 1773 Tea Act
Tea Act
The Tea Act was an Act of the Parliament of Great Britain. Its principal overt objective was to reduce the massive surplus of tea held by the financially troubled British East India Company in its London warehouses. A related objective was to undercut the price of tea smuggled into Britain's...
was passed, which allowed the East India Company to ship tea directly to the colonies. The Boston Tea Party
Boston Tea Party
The Boston Tea Party was a direct action by colonists in Boston, a town in the British colony of Massachusetts, against the British government and the monopolistic East India Company that controlled all the tea imported into the colonies...
soon followed, which set the stage for the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
.
Further reading
- Barrow, Thomas C. Trade and Empire: The British Customs Service in Colonial America, 1660–1775. Harvard University PressHarvard University PressHarvard University Press is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. In 2005, it published 220 new titles. It is a member of the Association of American University Presses. Its current director is William P...
, 1967. - Breen, T. H. The Marketplace of Revolution: How Consumer Politics Shaped American Independence. Oxford University Press, 2005. ISBN 019518131X; ISBN 9780195181319.
- Knight, Carol Lynn H. The American Colonial Press and the Townshend Crisis, 1766–1770: A Study in Political Imagery. Lewiston: E. Mellen Press, 1990.
- Ubbelohde, Carl. The Vice-Admiralty Courts and the American Revolution. Chapel Hill: University of North Carolina PressUniversity of North Carolina PressThe University of North Carolina Press , founded in 1922, is a university press that is part of the University of North Carolina....
, 1960.
External links
- Text of the Townshend Revenue Act
- Article on the Townshend Acts, with some period documents, from the Massachusetts Historical SocietyMassachusetts Historical SocietyThe Massachusetts Historical Society is a major historical archive specializing in early American, Massachusetts, and New England history...
- Documents on the Townshend Acts and Period 1767–1768