5.3 The townshend acts and colonial protest  (Page 2/10)

In fact, the revenue collected from these duties was only nominally intended to support the British army in America. It actually paid the salaries of some royally appointed judges, governors, and other officials whom the colonial assemblies had traditionally paid. Thanks to the Townshend Revenue Act of 1767, however, these officials no longer relied on colonial leadership for payment. This change gave them a measure of independence from the assemblies, so they could implement parliamentary acts without fear that their pay would be withheld in retaliation. The Revenue Act thus appeared to sever the relationship between governors and assemblies, drawing royal officials closer to the British government and further away from the colonial legislatures.

The Revenue Act also gave the customs board greater powers to counteract smuggling. It granted “writs of assistance”—basically, search warrants—to customs commissioners who suspected the presence of contraband goods, which also opened the door to a new level of bribery and trickery on the waterfronts of colonial America. Furthermore, to ensure compliance, Townshend introduced the Commissioners of Customs Act of 1767, which created an American Board of Customs to enforce trade laws. Customs enforcement had been based in Great Britain, but rules were difficult to implement at such a distance, and smuggling was rampant. The new customs board was based in Boston and would severely curtail smuggling in this large colonial seaport.

Townshend also orchestrated the Vice-Admiralty Court Act, which established three more vice-admiralty courts, in Boston, Philadelphia, and Charleston, to try violators of customs regulations without a jury. Before this, the only colonial vice-admiralty court had been in far-off Halifax, Nova Scotia, but with three local courts, smugglers could be tried more efficiently. Since the judges of these courts were paid a percentage of the worth of the goods they recovered, leniency was rare. All told, the Townshend Acts resulted in higher taxes and stronger British power to enforce them. Four years after the end of the French and Indian War, the Empire continued to search for solutions to its debt problem and the growing sense that the colonies needed to be brought under control.

Reactions: the non-importation movement

Like the Stamp Act, the Townshend Acts produced controversy and protest in the American colonies. For a second time, many colonists resented what they perceived as an effort to tax them without representation and thus to deprive them of their liberty. The fact that the revenue the Townshend Acts raised would pay royal governors only made the situation worse, because it took control away from colonial legislatures that otherwise had the power to set and withhold a royal governor’s salary. The Restraining Act, which had been intended to isolate New York without angering the other colonies, had the opposite effect, showing the rest of the colonies how far beyond the British Constitution some members of Parliament were willing to go.