Debate began over whether the sugar act was unlawful as the tax did not originate with the people. Viceadmiralty courts military tribunals composed only of a judge, not local commonlaw jury, sugar act required that offenders be tried in these courts rather than local courts, provoking opposition from smugglers accustomed to acquittal before sympathetic local juries. Change was brought about by the colonial courts of admiralty act 1890 uk which replaced the system of viceadmiralty courts with a new system of colonial courts of admiralty. Vice admiralty court law and legal definition uslegal, inc. Townshend act taxed goods imported from britain paid for government officials salaries more viceadmiralty courts created suspended ny legislation. Declaratory act passed parliament can tax and legislate in all cases anywhere in the colonies. But like the sugar act, the tea act affected only a small, specific group of people. Customs officials and merchants could bring action in whichever court they. The new sugar act replaced the molasses act of 1733, reducing by half the colonial tax on molasses, but stepping up enforcement of the tax.
Violators faced juryless trials in viceadmiralty courts, just as under the sugar act. A digest of reported cases in the supreme court, court of insolvency, and the courts of mines and viceadmiralty of the colony of victoria, from 1861 to 1885 by waterhouse, george wilson, 1856. The supreme court, however, did not become a court of admiralty. The colonists were not happy about taxation without representation and unrest ensued. Project muse the fight for bourgeois law in halifax, nova. Any enactment in an act of the imperial parliament referring to the admiralty jurisdiction of the high court in. Viseadmiralty courts are where a single judge issues a verdict without the deliberation of a jury, provision of the sugar act that suggested to some colonists that. The act abolished every vice admiralty court in a british possession and replaced them with colonial courts of admiralty. The 1764 revenue act, known also as the sugar act, established a socalled super vice admiralty court in halifax, nova scotia presided over by a crownappointed judge, the first of which was british jurist and the later governor of barbados dr. The stamp act of 1765 was the first internal tax levied directly on.
William pitt was the colonies greatest defender in england. Vice admiralty definition of vice admiralty by merriam. Casebook on the contract laws of europe, his book on the di culties arising from the use. The viceadmiralty courts and the american revolution book description. The townshend acts added new taxes to common items, but even more importantly, set up a new system of customs commissioners and viceadmiralty courts for enforcement of the new taxes. A vice admiralty court is in effect an admiralty court.
They took the most time to research and figure out their real significance the played in the colonists litany of grievances. The sugar act of 1764, also known as the american revenue act, was an act passed by the parliament of great britain on the american colonies in order to raise revenue. Jan 28, 2015 commonlaw courts continued, however, to hear other types of cases brought by customs officials and other crown officers. Vice admiralty definition is the office of a vice admiral. Which of the following statements characterizes the british governments attempts to. By august 1765, discontent over the stamp act pushed the. Unit 2 reading questions name date bell unit 2 revolution. In many cases the jurisdiction of viceadmiral and commonlaw courts overlapped.
You must there are over 200,000 words in our free online dictionary, but you are looking for one thats only in the merriamwebster unabridged dictionary. The penalties could be sued for within six months after the offence committed, by plaint or information, upon the oath of one or more credible witness or witnesses, before the judge of the admiralty or his deputy, within the colony or plantation, where such pine tree shall be cut, felled or. They also dealt with piracy and other offences committed in the high seas. The townshend acts or towshend duties, were a series of british acts of parliament passed. Vice admiralty courts were established in the 18th century. From 1763 to 1765, when american smugglers were caught, they were tried by corrupt judges who received a percentage of the confiscated goods if the defendants were found guilty. The vice admiralty court was a prerogative court established in the early 18th century in the colony of new south wales, which was to become a state of australia. The court was to have jurisdiction over all of america, with the legislation. Although few records of the vice admiralty courts survive for the colonial period or after, it is known that they tried several prize cases during wartime and libeled vessels for violation of the navigation acts. The bulk of the cases date from the seven years war 17561763. Courthouse is a symbolic representation of that link. It affected almost every colonist bc it required tax stamps on all printed materials, and it was the worst on merchants and the elite who used more paper.
Viceadmiralty courts existed throughout the empire. The courts also tried cases relating to mercantile activity, such as suits for wages. The sugar act empowered customs officials to have all violations tried in vice admiralty courts rather than local colonial courts where the juries. Vice admiralty courts and commonlaw courts operated differently. Freed from the threat of hostile french and indian forces, american colonists were emboldened to resist new british colonial policies that raised issues of inequalities of power, political rights, and individual freedoms. Revenue act of 1767 indemnity act commissioners of customs act vice admiralty court act new york restraining act boundless 3. A problem and a solution and viceadmiralty courts and writs of assistance. The townshend acts, along with the sugar and stamp acts. Revenue, from taxing foreign molasses, for the defense of british colonies. From 17631765, when american smugglers were caught, they were tried by corrupt judges who received a percentage of the confiscated goods, if the defendants were found guilty. The sugar act and vice admiralty courts currency act 1764 british act forbidding the american colonies to issue paper money as legal tender. Part of prime minister grenvilles revenue program, the act replaced the molasses act of 1733, and actually lowered the tax on sugar and molasses which the new england colonies imported to make rum as part of the triangular trade from 6 cents to 3 cents a barrel, but for the first time adopted provisions that would insure that the tax was strictly. The act required americans to buy special watermarked paper for newspapers and all legal documents. The word vice in the name of the court denoted that the court.
Rare book and special collections division, library of congress 026. The word vice in the name of the court denoted that the court represented the lord admiral of the united kingdom. On what basis did the american colonists object to the viceadmiralty courts in which violators of the sugar act were tried. Stamp act violations were to be tried in viceadmiralty courts because such courts. Vice admiralty definition of vice admiralty by merriamwebster. The legal concept of the vice admiralty courts was that a defendant was assumed guilty until he proved himself innocent. A vice admiralty court was also formed in nova scotia to try smugglers and to enforce the sugar act of 1764 throughout british north america. The sole purpose of this act was to raise revenue in american colonies and to establish the precedent that the british parliament had the right to tax them. Because those officials could rarely get convictions in these courts, equal jurisdiction was extended to the vice admiralty courts in 1764. Parliament also passed the currency act, which restricted colonies from producing paper money.
Although the royal charters of 1663 and 1665 granted power to the lords proprietors to create courts of admiralty, they never did so. What actions did the colonists take against the stamp act. What constitutional principle was grenville asserting with the stamp act. Vice admiralty court of nsw, 17871911 nsw state archives. Revenue from the taxes was to be used for the salaries of royal governors and judges to keep them dependent on parliament, rather than the local assemblies. The enforced tax on molasses caused the almost immediate decline in the rum industry in the colonies.
Colonists could no longer use paper money stamp act 1765. Cape town was one of the largest sites of settlement in the years 183952, with at least 3,505 liberated africans rescued through the viceadmiralty court and an uncertain number transferred from st helena to work in domestic service. The molasses act of 1733 had tried to tax molasses and nonbritish sugar, though it was largely. The figures in inches are the diameters of the trees. Another innovation was the quartering act of 1765, which obliged the colonial assemblies to provide housing and supplies for british troops. Whereas it is expedient that new provisions and regulations should be established for improving the revenue of this kingdom and for extending and securing the navigation and commerce between great britain and your majestys dominions in america. As protests against the sugar act developed, it was the economic impact rather than the constitutional issue of taxation without representation that was the main focus for the colonists. Why did the sugar act and the viceadmiralty courts so anger the colonists.
New england ports especially suffered economic losses from the sugar act as the stricter enforcement made smuggling molasses more. Tax on sugar to reduce illegal trade viceadmirality courts currency act 1764. India company voc, eager to exploit the taiwanese sugar cane, drove out the. A little more than a year later, on wednesday, december 5, 1750, navy captain john rous brought information to the court of vice admiralty alleging that merchant and fisher thomas powers sloop catherine had landed a variety of goods of foreign manufacture, including brandy and wine, in contravention of the navigation acts. A digest of reported cases in the supreme court, court of.
On july 6, 1768 the crown approved the vice admiralty court act that established three new. What were arguments used in parliament to argue for repeal of the stamp act. If a defendant in an admiralty proceeding appealed to the kings bench which possessed a considerable body of case law defining viceadmiralty jurisdiction for such a writ, and if the bench agreed that a common law court properly had jurisdiction, a writ or directive was issued for the admiralty court to desist from adjudicating the case. The british parliaments 1699 act of piracy established viceadmiralty courts in the american colonies that permitted local authorities to hang pirates. Acts included the revenue act of 1767, the indemnity act, the commissioners of customs act, the vice admiralty court act and the new york restraining act. Sugar act of 1764 took place of the failed molasses act vice admiralty courts juryless courts located in british colonies that were granted jurisdiction stamp act 1765 law passed by the british government that required a tax on all things printed for legal things virtual representation people to represent the american colonies quartering act of 1765 provide food and shelter for. The sugar act sought to combat widespread smuggling of molasses in new england by cutting the duty in half but increasing enforcement.
Revised duties on sugar, coffee, tea, wine, other imports. Zerogov an online journal by bill buppert devoted to the. Promoted to vice admiral on 16 april 1694, shovell commanded a squadron on expeditions to dieppe and dunkirk, later in the year. The widespread support for resisting the tea act had more to do with principles. While it is not commonly known, there is a direct historical link between the colonial era british admiralty courts and the current federal court system in the united states. However, on 31 july 18, these warrants were recalled.
One such tax, the 1765 stamp act required all printed documents used or created in. Sugar acts established a number of new duties and contained provisions aimed at deferring molasses smugglers. A viceadmiralty court was also formed in nova scotia to try smugglers and to enforce the sugar act of 1764 throughout british north america. Aug 23, 2016 english suppression of piracy became serious at the end of the seventeenth and the beginning of the eighteenth century. Otis had befriended john dickinson at the stamp act congress, and in 1767. You must there are over 200,000 words in our free online dictionary, but you are looking for one thats only in the merriamwebster unabridged dictionary start your free trial today and get unlimited access to americas largest dictionary, with. All individuals have the right to be secure in their property unless and until the government obtains a valid conviction in a court of law. A vice admiralty court was formed in nova scotia to try smugglers and to enforce the sugar act of 1764 throughout british north america. The act allowed customs officials to transfer smuggling cases from colonial courts with juries to juryless vice admiralty courts in. Viceadmiralty courts and writs of assistance journal of. What were the differing motivations of those in the resistance movement. The vice admiralty courts that had existed under the british had for the most part disappeared, and it was necessary to create new courts or broaden the jurisdictions of existing ones.
More than 250,000 words that arent in our free dictionary. This gave judges financial incentive to find defendants guilty. L so mach of the eightieth section of the aforesaid act of part of parliament as declares the limits of the colony of new zealand for the purposes of the said act is repealed. The silver oar that is displayed in the lobby of the warren b.
It enforced the navigation acts by providing the vessels to directly transport cargo to the colonies. The boston massacre during which british troops killed 5 boston civilians. Thomas power, the merchants, and vice admiraltys authority. Study flashcards on ap us history midterm exam study guide at. Trial before the courts robbed americans of their rights to be tried before a local commonlaw court. Sugar act 1764 tax on sugar to reduce illegal trade vice. A dispute over land beginning in 1689, great britain and france fought a series of wars for control of european and colonial trade. Tax on 50 paper documents colonists were upset tax was passed without the consent of colonial assemblies led to. If a defendant in an admiralty proceeding appealed to the kings bench which possessed a considerable body of case law defining viceadmiralty jurisdiction for such a writ, and if the bench agreed that a common law court properly had jurisdiction, a writ or directive was issued for the admiralty court. Parliament could bypass colonial assemblies and impose an internal tax on the. More important, it provided that violations of the sugar act would be prosecuted in the viceadmiralty courts, in which cases were heard by britishappointed judges with no local juries. Applying the presumption of innocence, this should be an easy case. Courts for smuggling merchants and those who fail to obey the navigation acts. The act allowed customs officials to transfer smuggling cases from colonial courts with juries to juryless vice admiralty courts in halifax, nova scotia.
This study describes the courts of viceadmiralty as they existed in the american colonies at the beginning of the revolutionary struggles, analyzes the changes in the courts and their jurisdiction from 1763 to the outbreak of the war, and examines the american objections. The navigation act of 1696, however, provided that the high court of admiralty in england could create viceadmiralty courts. The statutes of the united kingdom of great britain and. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The sugar act, also known as the american revenue act or the american duties act, was a revenueraising act passed by the parliament of great britain on 5 april 1764. Journal of the american revolution also produces annual hardcover volumes, a branded.
Part of prime minister grenvilles revenue program, the act replaced the molasses act of 1733, and actually lowered the tax on sugar and molasses which the new england colonies imported to make rum as part of the triangular trade from 6 cents to 3 cents a barrel, but for the first time adopted provisions that would insure that the tax was strictly enforced. Vice admiralty courts were juryless courts located in british colonies that were granted. Vice admiralty courts or the judge thereof, and the colonial court of admiralty shall have jurisdiction accordingly. Grenville optimistically predicted revenues of between 60,000 and 100,000 pounds. Study flashcards on ap us history note cards all 1600. Sugar act constitution of united states of america 1789. Admiralty courts in the colonial era dealt with maritime issues requiring adjudication, including both criminal and noncriminal matters. Sugar act of 1764, to replace the molasses act of 1733. Tempa, and commons, in this present parliament assembled, ud by the authority of the same, 88 follows. Mar 11, 2015 hogans history the road to revolution 1. He argued that the colonies could not be taxed without representation in parliament. Britain dispatched the military to keep peace in the boston region, but it turned out to be the trigger of outright rebellion.
George washington 17321799 contributed by henry wiencek. The new york court of vice admiralty records, dating from 1753 to 1770, comprise one volume recording decisions chiefly on prize cases, with memoranda on commissions for privateers, at the court of vice admiralty for the province of new york. Antislavetrade law, liberated africans and the state in. Also, smugglers would be tried by viceadmiralty courts and not juries. Historical exhibits federal courts and the silver admiralty oar.
In addition to a restriction of trade, many colonists felt the sugar act constituted a restriction of justice. By buying tea, even though it was cheaper, colonists would be paying the duty and thereby implicitly acknowledging parliaments right to tax them. The collected political writings of james otis online library of. James otis, the collected political writings of james otis 2015. Viceadmiralty courts and writs of assistance journal of the. Summarize the intellectual rationale used to argue for and against the.
After repealing the stamp act and lowering the sugar. Violators faced juryless trials in vice admiralty courts, just as under the sugar act. This study describes the courts of viceadmiralty as they existed in the american colonies at the beginning of the revolutionary struggles, analyzes the changes in the courts and their jurisdiction from 1763 to the outbreak of the war, and examines the american objections to the viceadmiralty system. On monday there will be a sitting of the house of representatives, where the government will push through amendments to the sugar industry act. Merchants prosecuted under the act were tried in viceadmiralty courts instead of being tried local commonlaw courts. Vocab sugar act of 1764 took place of the failed molasses. The lack of courts for the condemnation of prizes taken by the continental vessels was a source of annoyance to general washington. The supreme court was vested with viceadmiralty authority through the act for the better administration of justice in new south wales, 1823 4 george iv, act no.
The viceadmiralty court act added three new royal admiralty courts in boston. What was the primary american complaint against being tried in vice admiralty courts. These acts primarily included the revenue act of 1767, the commissioners of customs act, the vice admiralty court act, the indemnity act, and the new york restraining act. Sugar act, also called plantation act or revenue act, 1764, in u. The sugar act also discarded english protections for a fair trial. One of the earliest courts established in new south wales, the vice admiralty court was an imperial court whereby directives, instructions, imperial bills and acts changing its structure or procedures as well as rules, regulations and tables of fees were received via dispatches from the secretary of state.
Full text of the cambridge history of the british empire volume i the old empire from the beginnings to 1783 see other formats. The sugar act was repealed in 1766 and replaced with the revenue act of 1766, which reduced the tax on molasses imports also refer to colonial, continental and revolutionary currency 1764 currency act series of laws passed by the british government that regulated paper money issued by the colonies 1765 the quartering act. The act also asked that stamps be paid wsterling and that violators be tried in viceadmiralty courts, which alarmed colonists. The viceadmiralty courts and the american revolution on jstor. The smugglers gambit by sara whitford is about seventeenyearold adam fletcher and his journey from tavern server to shopping apprentice. According to clauses 40 and 41 of the revenue act of 1764 and clauses 57 and 58 of the stamp act of 1765, penalties. In a book, intituled the modern practice of the court of exchequer there is indeed. It was strictly enforced through the vice admiralty courts.
On his path, adam discovers his small town is filled with more intrigue and illegal activity than he could ever imagine. Act could be tried and convicted without juries in the viceadmiralty courts. George washington served as commander in chief of the continental army during the american revolution 17751783, as president of the united states constitutional convention 1787, and as first president of the united states 17891797. Boston massacre 1770 background the purpose of the townshend acts was to raise revenue in the colonies that paid the salaries of governors and judges so they.