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test against it at the second reading, and 28 at the third; but on the 17th the bill passed, and the next day both acts received the royal assent.

REFERENCES. —Text in Pickering's Statutes at Large, XXVII., 19, 20. The act is cited as 6 Geo. III., c. 12. The act of repeal is 6 Geo. III., c. 11. For the debates, see the Parliamentary History, XVI., and the Annual Register (1766). Franklin's examination is in his Works (Sparks's ed., IV., 161– 198; Smyth's ed., IV., 412-448).

An act for the better securing the dependency of his Majesty's dominions in America upon the crown and parliament of Great Britain.

WHEREAS several of the houses of representatives in his Majesty's colonies and plantations in America, have of late, against law, claimed to themselves, or to the general assemblies of the same, the sole and exclusive right of imposing duties and taxes upon his Majesty's subjects in the said colonies and plantations; and have, in pursuance of such claim, passed certain votes, resolutions, and orders, derogatory to the legislative authority of parliament, and inconsistent with the dependency of the said colonies and plantations upon the crown of Great Britain: ... be it declared . . . That

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the said colonies and plantations in America have been, are, and of right ought to be, subordinate unto, and dependent upon the imperial crown and parliament of Great Britain; and that the King's majesty, by and with the advice and consent of the lords spiritual and temporal, and commons of Great Britain, in parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever.

II. And be it further declared ., That all resolutions, votes, orders, and proceedings, in any of the said colonies or plantations, whereby the power and authority of the parliament of Great Britain, to make laws and statutes as aforesaid, is denied, or drawn into question, are, and are hereby declared to be, utterly null and void to all intents and purposes whatsoever.

No. 37. Act
Act suspending the New York
Assembly

June 15, 1767

In a message to the New York House of Assembly, June 13, 1766, Governor Moore informed the House of the expected arrival of troops in the city, and recommended that provision be made for them in accordance with the late Quartering Act [No. 34]. On the 19th the House adopted five resolutions, reported by Philip Livingston, excusing themselves from compliance with the request, on the ground that the requisition was "of such a nature and tendency that, should it be granted, the expence might, and probably would, very soon exceed the ability of this colony to pay, as the number of troops that may from time to time require the like provision, are . . . entirely unknown, and the articles required for the greatest part . . . unprecedented;" but the House intimated, at the same time, that a balance of £3990 in the treasury of the province, subject to the order of the commander-in-chief of the forces in America, might be used for the purpose in question. On an inquiry from the governor as to the precise use to which the money referred to was to be put, the assembly again, June 23, pleaded the small resources of the colony, but recommended that provision be made "for furnishing the barracks in the cities of New York and Albany, with beds, bedding, fire-wood, candles, and utensils for dressing of victuals for two battalions, not exceeding five hundred men each, and one company of artillery for one year"; and that the money beforementioned be drawn upon for the purpose. A bill to this effect was accordingly brought in and passed, and July 3 received the assent of the governor. A report of the action of the assembly having been made to the Board of Trade, the Earl of Shelburne, in a letter of August 6 to Governor Moore, expressed the hope that the requirements of the Quartering Act would be fully complied with. To this letter, communicated to the assembly in November, the House replied that New York had already assumed a heavier financial burden in the matter of supporting troops than any other colony, and that, since the act appeared to them designed for the needs of soldiers on the march, and not of such as might be stationed in the province for a whole year, they could not "put it in the power of any person" to lay upon them such a "ruinous and unsupportable" expense. December 19 the assembly was prorogued until the following March. May 15, 1767, the committee of the House of Commons to whom the matter had been referred, recommended the suspension of the assembly until the terms of the Quartering Act were complied with; and June 15 a bill embodying the recommendations received the royal assent. The assembly continuing obstinate, it was dissolved. The newly elected House also refused compliance, and was likewise dissolved. A third, in 1769, made the required provision.

REFERENCES.-Text in Pickering's Statutes at Large, XXVII., 609, 610,

The act is cited as 7 Geo. III., c. 59. Extracts from the proceedings of the New York legislature are in Almon's Prior Documents.

An act for restraining and prohibiting the governor, council, and house of representatives, of the province of New York, until provision shall have been made for furnishing the King's troops with all the necessaries required by law, from passing or assenting to any act of assembly, vote, or resolution, for any other purpose.

[The preamble recites the passage of the Mutiny or Quartering Act of 1765, continued by subsequent reënactments to March 24, 1769; the refusal of the New York house of representatives to comply with the act of 1765, and its tender of quarters and supplies "inconsistent with the provisions, and in opposition to the directions," of the said act, and continues:] In order therefore to enforce, within the said province of New York, the supplying of his Majesty's troops with the necessaries and in the manner required by the said acts of parliament; . . . be it enacted . . That from and after . . . [October 1, 1767,] . . . until provision shall have been made by 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, or any of them, to be furnished for such troops, it shall not be lawful for the governor, lieutenant governor, or person presiding or acting as governor or commander in chief, or for the council for the time being, within the colony, plantation, or province, of New York in America, 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, plantation, or province; 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; and that all acts of assembly, orders, resolutions, and votes whatsoever, which shall or may be passed, assented to, or made, contrary to the tenor and meaning of this act, after . . . [October 1, 1767,]

within the said colony, plantation, or province, . . . shall be, and are hereby declared to be, null and void, and of no force or effect whatsoever.

No. 38.

Townshend Revenue Act

June 29, 1767

In August, 176, Pitt, now Earl of Chatham, succeeded Rockingham as prime minister; but illness soon incapacitated him for active participation in affairs, and the leadership fell to Townshend, chancellor of the exchequer. The irritation over the repeal of the Stamp Act was increased by the reports of continued agitation in America; while the reduction of the land tax from 45. to 35. in the pound, brought about by factious opposition to the ministry, necessitated revenue from some other source. "On January 26, 1767, in a debate on the army, George Grenville moved that America, like Ireland, should support an establishment of her own; and in the course of the discussion which followed, Townshend took occasion to declare himself a firm advocate of the principle of the Stamp Act." The plans for carrying his policy into effect were brought forward by Townshend in May, and embraced three points: the enforcement of existing laws, the appointment of customs commissioners, and provision for adequate revenue. The strong opposition in the colonies to the Sugar Act had led, in 1766, to the repeal of the duties imposed by that act, except the duty on tea (6 Geo. III., c. 52). In framing the revenue act of 1767, Townshend professed to observe the distinction urged in America between external and internal taxation, and to provide a revenue by means of import duties only. The proceeds of the duties, estimated at about £40,000, were to be applied towards the civil and military expenses of the colonies. Further to insure the observance of the act, writs of assistance were legalized. On the 4th of September Townshend died, and the execution of the act, which had not yet gone into operation, devolved upon his successors. The duties imposed by the act, with the exception of the duty on tea, were repealed by an act of April 12, 1770.

REFERENCES. —Text in Pickering's Statutes at Large, XXVII., 505-512. The act is cited as 7 Geo. III., c. 46. For the debates and proceedings see the Parliamentary History, XVI. Summaries of the debates, reflecting as usual public opinion in England, are in the Annual Register (1767). Of contemporary discussions in America, Dickinson's Letters from a Farmer (Writings, Ford's ed., I., 305-406) is the most important. The acts establishing customs commissioners in America (7 Geo. III., c. 41) and imposing duties on tea (7 Geo. III., c. 56), the other parts of Townshend's scheme, are in MacDonald's Select Charters, Nos. 62 and 64. The act of repeal is 10 Geo. III., c. 17.

An act for granting certain duties in the British colonies and plantations in America; for allowing a drawback of the duties of customs upon the exportation, from this kingdom, of coffee and cocoa nuts of the produce of the said colonies or plantations; for discontinuing the drawbacks payable on china earthen ware

exported to America; and for more effectually preventing the clandestine running of goods in the said colonies and plantations.

WHEREAS it is expedient that a revenue should be raised, in your Majesty's dominions in America, for making a more certain and adequate provision for defraying the charge of the administration of justice, and the support of civil government, in such provinces where it shall be found necessary; and towards further defraying the expences of defending, protecting, and securing the said dominions; . . . be it enacted That from and after [November 20, 1767,] . . . there shall be raised, levied, collected, and paid, unto his Majesty, his heirs, and successors, for and upon the respective Goods herein after mentioned, which shall be imported from Great Britain into any colony or plantation in America which now is, or hereafter may be, under the dominion of his Majesty the several Rates and Duties following;

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For every hundred weight avoirdupois of crown, plate, flint, and white glass, four shillings and eight pence.

For every hundred weight avoirdupois of green glass, one shilling and two pence.

. For every hundred weight avoirdupois of red lead, two shillings.

For every hundred weight avoirdupois of white lead, two shillings.

For every hundred weight avoirdupois of painters colours, two shillings.

For every pound weight avoirdupois of tea, three pence. For every ream of paper, usually called or known by the name of Atlas fine, twelve shillings.

[Then follow specifications of duties on sixty-six grades or classes of paper.]

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IV. .. and that all the monies that shall arise by the said duties (except the necessary charges of raising, collecting, levying, recovering, answering, paying, and accounting for the same) shall be applied, in the first place, in such manner as is herein after mentioned, in making a more certain and adequate provision for the charge of the administration of justice, and the

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