Animal Welfare Act

The Animal Welfare Act is a federal law in the United States that governs the treatment of animals used in research, exhibition, transportation, and by dealers. The act was signed into law by President Lyndon B. Johnson in 1966 and has undergone several amendments since then. The act is designed to promote the humane treatment of animals and to ensure that their basic needs are met.

History of the Animal Welfare Act

Before the Animal Welfare Act was passed, there were few regulations governing the treatment of animals used in laboratories and other facilities. Animal welfare activists had been advocating for more humane treatment of animals for many years, but it was not until the 1960s that their efforts began to gain attention.

The Humane Society of the United States led the movement for animal welfare legislation, and in 1966, the Animal Welfare Act was passed. The act was the first federal law in the United States that regulated the treatment of animals used in research and exhibition.

Provisions of the Animal Welfare Act

The Animal Welfare Act contains several key provisions that regulate the treatment of animals. These provisions include requirements for the housing, feeding, handling, and veterinary care of animals used in research, exhibition, transportation, and by dealers.

The act requires that all facilities that use animals for research or exhibition obtain a license from the United States Department of Agriculture (USDA) and comply with specific regulations. The USDA is responsible for enforcing the Animal Welfare Act and ensuring that all facilities are in compliance with its provisions.

The act also includes provisions related to the transportation of animals. Animals must be transported in a way that ensures their safety and comfort, and they must be provided with adequate food and water during transport. Additionally, the act prohibits the use of certain types of equipment, such as snares and steel-jawed traps, to capture and transport animals.

Amendments to the Animal Welfare Act

Since its passage in 1966, the Animal Welfare Act has undergone several amendments. These amendments have expanded the scope of the act to include additional species and types of facilities.

In 1970, the act was amended to add dogs and cats to the list of animals protected by the act. This amendment also established new welfare standards for animals used in research and prohibited the sale of wild animals as pets.

In 1985, the act was amended again to regulate the use of animals in exhibition. This amendment required that all animal exhibitors obtain a license from the USDA and comply with specific regulations governing the housing, feeding, handling, and veterinary care of animals.

In 2002, the act was expanded to include specific provisions related to the care and handling of farm animals. These provisions required that farmers provide their animals with adequate food, water, and shelter and that they take steps to prevent the spread of disease.

Criticism of the Animal Welfare Act

Despite its many provisions, the Animal Welfare Act has been criticized by some animal welfare activists for not going far enough to protect animals. Some activists argue that the act does not provide adequate protection for animals used in research, particularly those used in medical and cosmetic testing.

Additionally, some critics argue that the USDA does not enforce the Animal Welfare Act vigorously enough. They point to instances of abuse and neglect in facilities that are licensed by the USDA and argue that the agency is not doing enough to ensure that all facilities are in compliance with the act.

Conclusion

The Animal Welfare Act is a federal law in the United States that governs the treatment of animals used in research, exhibition, transportation, and by dealers. The act was designed to promote the humane treatment of animals and to ensure that their basic needs are met. Since its passage in 1966, the act has undergone several amendments that have expanded its scope and provided additional protections for animals. However, the act has also been criticized by some animal welfare activists for not providing adequate protection for animals used in research and being inadequately enforced.

ANIMAL WELFARE ACT TEXT

The Animal Welfare Act of 1996, also called the Laboratory Animal Welfare Act, was an act signed into law on August 24, 1966, by former President Lyndon B. Johnson. The original intent of the Animal Welfare Act was to regulate the use and care of animals in a laboratory setting on a federal level. However, the Animal Welfare Act is the only federal act in the United States that standardizes the handling and treatment of animals in the exhibition, transport, dealing, and research. Other policies, guidelines, and laws can also include supplementary species inclusion or provisions for proper animal use and care, but all of these ultimately refer to the Animal Welfare Act as the minimal adequate standard for the treatment and care of animals.

The Animal Welfare Act has authority over animals in laboratories, animal exhibitors, dealers who sell animals to research laboratories, dog and cat breeders, animal carriers, intermediate handlers, circuses, zoos, puppy roadside menageries, mills, and transporters of animals. However, there are many different exemptions to the Animal Welfare Act, including the care and treatment of animals in state and county fairs, retail pet stores, rodeos, livestock shows, purebred cat and dog shows, and fairs or exhibitions that are intending to advance agricultural sciences and arts.

As enacted in 1966, the Animal Welfare Act requires all animal dealers to be officially licensed and registered as well as liable to any monitoring done by Federal regulators. These parties can receive a suspension of their license if they violate any of the provisions found in the Animal Welfare Act and can also be imprisonment for a maximum of one year along with a fine of $1,000. Facilities that are covered by the Animal Welfare Act are required to set up a specialized committee that has at least one individual who is trained as a veterinarian along with one who is not affiliated with the given facility. These individuals are responsible for regularly assessing animal treatment, practices, and care during ongoing research and are also required to carefully examine the animal study areas at a minimum of twice a year. These committees are also required to guarantee that substitutes for animal use in research are employed whenever possible.

While hygienic living conditions are necessary for animals who are not participating in experimentation in order to prevent unintentional infection, there are such provisions for such against intentionally infecting an animal subject with a disease for the point of the research experiment.

History of the Animal Welfare Act

The historical climate of the Animal Welfare Act looked at animal welfare as the major priority. The Animal Welfare Act of 1966 was not the first or only law that was enacted for animals during this time. There was also the Horse Protection Act which was passed in 1970 in order to protect horses against the physical practice of creating a physical appearance of the horse which was aesthetically appealing to human beings, such as soring the ankles for high-stepping gait).

Another act that had been passed was the Marine Mammal Protection act of 1970 which protected marine animals including seals, polar bears, whales, and porpoises, from extinction or depletion through indiscriminate harassment, hunting, killing, or capture. However, this rule permitted takings that were for research and subsistence purposes as long as they were done humanely and with the least amount of suffering and pain possible to the animal.

A third act that was passed for the sake of animal welfare was the Endangered Species Act of 1973, which made it illegal to sell, buy, or transport species that were considered to be extinction through either foreign or interstate commerce. Meanwhile, the act closely regulated commerce involving any species that were being threatened with extinction.

These various acts regarding animal safety and welfare showed the atmosphere and type of concern that allowed for the Animal Welfare to pass in the 1960s. The United States Congress had previously acted on many different occasions over the century to try to protect animals, both as a species and as individuals. The extent of commitment to animal protection through enforcement and regulation increased significantly during this time and revealed Congress’ rising tendency in the direction of stricter controls around the 1970s.

The foundation for the Animal Welfare Act is very clear when looking at the events that occurred shortly before the Animal Welfare Act was enacted. Because of increasing evidence showing that cats and dogs kept as pets were being stolen and taken across states lines by dealers and later and resold for scientific experimentation to research institutions, Congress readily enacted in 1966 the Laboratory Animal Welfare Act. A variety of sportsmen supported the Animal Welfare Act because often the hunter’s dogs that went missing.

The point of the act was to discourage such abuses by demanding research facilities and dealers that cared for, treated, transported, or handled certain animals to follow set standards issued and developed by the United States Department of Agriculture. The act was meant to protect dog and cat owners from having their pets taken or stolen for the sake of experimentation and to set up other humane standards for the care and treatment of specific animals by medical research facilities and animal sellers.

What is the Animal Welfare Act?

The Animal Welfare Act was signed into law by President Lyndon Johnson in 1966 and is the only federal law that regulates the treatment of animals in commercial and scientific endeavors. There are many other laws delegated by states and local authorities that provide more protection, however, the Animal Welfare Act provides the minimum coverage allowed.

The Animal Welfare Act requires that minimum standards of care and treatment be provided for certain animals bred for commercial sale and research. It also applies to animals that are transported commercially or exhibited to the public. Individuals who operate facilities in these categories must provide their animals with adequate care and treatment in the areas of housing, handling, sanitation, nutrition, water, veterinary care, and protection from extreme weather and temperatures.

What are the requirements of the Animal Welfare Act?

The Animal Welfare Act only provides minimum protection to animals used in certain practices. These include:

•Animal dealers must be a license to sell animals to research institutions, research facilities and must be registered before they can purchase animals for research.

•Research facilities must keep records regarding the purchase, sale, transportation, identification, and disposition of cats and dogs.

•Follow certain record-keeping standards affecting the purchase, sale, handling, care, and use of laboratory animals which include minimum requirements for housing, feeding, watering, sanitation, ventilation, separation of species veterinary care, and use of the use of anesthetics.

•Cage sizes and space required.

•Reports to the USDA must be made on an annual basis concluding that the animals are being treated with appropriate care, the number of animals used each year, and the level of pain and stress experienced by the animals.

•USDA veterinarians must inspect each registered research facility, at a minimum of, once a year, and have access to all animal facilities.

•Inspectors from the USDA may take photographs.

•Regulations on the disposal of animals

•Inspection of research facilities by law enforcement.

•Violations of any provisions of the Act or any of the rules, regulations, or standards by USDA under the Act are subject to civil fines for each offense, and each day such violations continue.

In addition, regulated businesses are required to keep accurate records of acquisition and disposition and a description of the animals that come into their possession. This is to prevent the practice of using lost or stolen pets in research or commercial practices. Animal dealers must hold the animals that they acquire for a period of 5 to 10 days to verify their origin and allow pet owners an opportunity to locate a missing pet.

What animal species are protected by the Animal Welfare Act?

The AWA defines “animal” as any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any warm-blooded animal used for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. The Animal Welfare Act also includes animals exhibited in zoos, circuses, and marine mammal facilities, as well as pets transported on commercial airlines. The act also prohibits staged dogfights, bear and raccoon baiting, and other similar endeavors.

By definition, coldblooded species are exempt from coverage under the Animal Welfare Act. The Animal Welfare Act also excludes birds, rats, mice, insects, and fish bred for use in research; and horses not used for research purposes

Farm animals are also excluded, including livestock and poultry, used or intended for use as food or fiber or in agricultural research are also excluded from protection under the Animal Welfare Act.

What are the specific animal protections afforded by the Animal Welfare Act?

The Animal Welfare Act does not specifically mention any detailed protections for the animals. The Act gives authority to the Animal and Plant Health Inspection Service; an agency under the United States Department of Agriculture.

APHIS provides detailed instructions on a number of issues involving the maintenance of animals in use for research, teaching, testing, experimentation, or exhibition purposes, or as pets. These are outlined on the APHIS’s website at

https://www.aphis.usda.gov/animal_welfare/awa_info.shtml.

The APHIS provisions include regulations on housing, exercise, accumulation, and disposal of waste products, heating, cooling, lighting, feeding, and watering. There are also regulations in place that determine the minimum amount of space that is permitted for each species of animal. Some of these provisions include:

•For indoor housing of animals, regulations specify minimum and maximum temperatures, lighting, and ventilation;

•Animals kept outdoors must be sheltered from the elements;

•Animals must be offered food and clean water regularly;

•For facilities with marine mammals, the water must be tested weekly, animals must be kept with a compatible animal of the same or similar species, minimum tank size is required depending on the size and types of animals housed, and participants in “swim with the dolphins” programs must agree in writing to the rules of the program;

•Circuses must not use deprivation of food and water or any kind of physical abuse for training purposes, and animals must be given a rest period between performances; and

•Research facilities are required to establish Institutional Animal Care and Use Committees (IACUC) that must inspect the animal facilities, investigate reports of AWA violations, and review research proposals to “minimize discomfort, distress, and pain to the animals.

Prohibition on Animal Fighting

On May 3, 2007, the Animal Welfare Act was amended to make it a violation of the Act to engage in animal fighting and acts that would promote animal fighting. The Animal Welfare Act amendment makes it a felony punishable by up to three years in prison to engage in such activities. The law also makes it a felony to trade, in interstate and foreign commerce, knives, gaffs, or other sharp objects designed for use in animal fighting, or to use the Postal Service or other “interstate instrumentality to trade in such devices, or to promote an animal fighting venture.”

Enforcement

One of the problems associated with APHIS and the Animal Welfare Act is the limitation of enforceability of the provisions of the act. Under current legislation, upon the finding of a violation APHIS may suspend the license of an individual or organization for up to 21 days. From that point, the individual or organization must correct their procedures. Failure to comply with demands made by APHIS can lead to fines, confiscation of the animals, license/registration revocation, and/or cease and desist orders.

Due to complaints concerning APHIS’s lace of enforcement of the Animal Welfare Act amendments to APHIS’s procedures have been put into place to better streamline inspections and ensure enforcement of regulations. There have also been complaints about APHIS’s lack of authority to fully enforce the regulations of the Animal Welfare Act. Those complaints are currently being addressed in the proposed new legislation.

Dawes Act Text

Introduction

The Dawes Act, also known as the General Allotment Act, was passed by the US Congress in 1887. The legislation was designed to facilitate the assimilation of Native Americans into the mainstream American culture and economy. The Act sought to abolish the traditional communal ownership of land by Native American tribes, and to distribute land to individual Native American families. In this article, we will explore the Dawes Act in detail, its history, and its implications for Native American communities.

Origin of the Dawes Act

The Dawes Act was part of a broader policy of Native American assimilation that had been in development since the mid-19th century. The US government had increasingly come to see Native Americans as an impediment to westward expansion and economic development. In the view of many policy makers, the traditional communal ownership of land by Native American tribes was seen as a barrier to economic progress.

The Dawes Act was named after its primary architect, Senator Henry L. Dawes of Massachusetts, who believed that the Act would promote “civilization” among Native Americans by turning them into farmers and landowners. Dawes argued that communal ownership of land was a “socialistic” practice that deterred individual initiative and hard work.

The Provisions of the Dawes Act

The Dawes Act aimed to break up tribal land holdings by allowing individual Native Americans to own and operate small parcels of land. The Act provided for the survey and division of tribal lands into individual allotments, with each Native American family receiving a plot of land.

The Act also provided for the establishment of a land trust system, which allowed the government to hold land on behalf of Native Americans who were deemed “incompetent” or “intemperate” and unable to manage their own land. The land held in trust could be leased to non-Native Americans for grazing or other purposes, with the proceeds used to fund tribal education and other services.

Impact of the Dawes Act

The Dawes Act had significant and far-reaching implications for Native American communities. The Act was designed to facilitate the assimilation of Native Americans into the mainstream American culture and economy by making them farmers and landowners. However, the Act had several unintended consequences.

1. Land Loss:

The Act resulted in massive land loss for Native American tribes. Tribes were forced to cede millions of acres of land, which were then sold to non-Native Americans. Between 1887 and 1934, the amount of Native American land in the United States declined from around 138 million acres to just 48 million acres.

2. Cultural Destruction:

The Act had a devastating impact on Native American culture and traditions, by forcing Native Americans to abandon their traditional communal lifestyle and adopt a Western lifestyle. The Act’s emphasis on individualism and private property ownership undermined the traditional Native American values of community, sharing, and respect for the land.

3. Economic Instability:

The Act’s emphasis on individual land ownership and farming was ill-suited to the traditional Native American economy, which was based on hunting, fishing, and gathering. Many Native American families struggled to make a living as farmers and landowners, and many were eventually forced to sell their allotments to non-Native Americans.

4. Social Disruption:

The Act created significant social disruption within Native American communities, by pitting individual families against each other. The allocation of land often resulted in disputes and conflicts within tribes over property boundaries, leading to division and instability.

Resistance to the Dawes Act

The Dawes Act was deeply unpopular among Native American communities, who saw it as a threat to their culture, way of life, and sovereignty. Many Native American leaders, such as Sitting Bull and Chief Joseph, actively opposed the Act and refused to participate in the land distribution process.

Writing in 1885, the Oglala Lakota spiritual leader Black Elk criticized the Act as a “great mistake”, arguing that it would “deprive our people of their land and character.” In his 1934 book, “The Indian Reorganization Act: Congresses & Bills,” political scientist Francis Paul Prucha wrote that the Dawes Act was “one of the most unpopular and disastrous pieces of legislation ever enacted by Congress.”

Conclusion

The Dawes Act was a controversial and divisive piece of legislation that had significant implications for Native American communities. The Act sought to assimilate Native Americans into the mainstream American culture and economy by breaking up tribal land holdings and distributing land to individual Native American families. However, the Act had several unintended consequences, including massive land loss, cultural destruction, economic instability, and social disruption. The Act was deeply unpopular among Native American communities, who saw it as a threat to their culture, way of life, and sovereignty. Today, the legacy of the Dawes Act continues to shape the relationship between the US government and Native American tribes.

The Full Text of the Dawes Act

An Act to Provide for the Allotment of Lands in Severalty to Indians on the Various Reservations, and to Extend the Protection of the Laws of the United States and the Territories over the Indians, and for Other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed if necessary, and to allow the lands in said reservation in severalty to any Indian located thereon in quantities as follows:

To each head of a family, one-quarter of a section;

To every single person over eighteen years of age, one-eighth of a section;

To each orphan child under eighteen years of age, one-eighth of a section; and

To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section:

Provided, That in case there is no sufficient land in any of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted to each individual of each of said classes pro rata in accordance with the provisions of this act: And provided further, That where the treaty or act of Congress setting apart such reservation provides the allotment of lands in severalty in quantities in excess of those herein provided, the President, in making allotments upon such reservation, shall allot the lands to each individual Indian belonging thereon in quantity as specified in such treaty or act: And provided further, That when the lands allotted are only valuable for grazing purposes, an additional allotment of such grazing lands, in quantities as above provided, shall be made to each individual.

SEC. 2. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection, where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall otherwise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under his act:

Provided, That if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allotments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner.

SEC. 3. That the allotments provided for in this act shall be made by special agents appointed by the President for such purpose, and the agents in charge of the respective reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe and shall be certified by such agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office.

SEC. 4. That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, the act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land-office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations;

And when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local land-office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any amounts of money in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

SEC. 5. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located and that at the expiration of the said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or encumbrance whatsoever:

Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the State or Territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as herein otherwise provided; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act:

And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release prescribed by Congress:

Provided however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education:

And provided further, That no patents shall issue therefor except to the person so taking the same as and homestead, or his heirs, and after the expiration of five years occupancy thereof as such homestead; and any conveyance of said lands taken as a homestead, or any contract touching the same, or lieu thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes Indians; to whom such reservations belonged;

And the same, with interest thereon at three per cent per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law.

And hereafter in the employment of Indian police, or any other employees in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.

SEC. 6. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner affecting the right of any such Indian to tribal or other property.

SEC. 7. That in cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservation; and no other appropriation or grant of water by any riparian proprietor shall permitted to the damage of any other riparian proprietor.

SEC. 8. That the provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order.

SEC. 9. That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, to be repaid proportionately out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act.

SEC. 10. That nothing in this act contained shall be so construed to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or condemn such lands to public uses, upon making just compensation.

SEC. 11. That nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in Southwestern Colorado to a new reservation by and with consent of a majority of the adult male members of said tribe.

Approved, February, 8, 1887.

Neutrality Acts

The Evolution of American Foreign Policy: A Comprehensive Analysis of Neutrality Acts

Introduction

In the turbulent years leading up to World War II, the United States faced a daunting challenge: how to navigate the treacherous waters of international conflict without getting entangled in foreign wars. The answer to this conundrum lay in a series of legislative acts known as the “Neutrality Acts.” These laws, enacted in the 1930s, aimed to keep the United States out of foreign conflicts while safeguarding its interests and national security. This article provides an in-depth analysis of the Neutrality Acts, their historical context, impact, and the legacy they left in shaping American foreign policy.

I. The Prelude to the Neutrality Acts

The global stage in the 1930s was fraught with tension. The aftermath of World War I had left Europe in shambles, and fascist regimes in Germany and Italy were asserting their dominance. Meanwhile, Japan had embarked on an expansionist campaign in Asia, raising concerns about its ambitions. In this turbulent era, the United States faced a difficult choice: whether to involve itself in the escalating conflicts or maintain a policy of non-intervention.

A. Neutrality Legislation in World War I

Before delving into the Neutrality Acts of the 1930s, it’s essential to understand the context provided by the United States’ experience during World War I. During this conflict, the U.S. maintained a policy of neutrality until 1917 when it entered the war on the side of the Allies. The lessons learned from this experience would shape the subsequent neutrality legislation.

B. The 1930s: Rising Global Tensions

By the 1930s, international tensions were on the rise. Adolf Hitler’s Nazi regime in Germany was aggressively expanding its territory, flouting the Treaty of Versailles. In 1931, Japan invaded Manchuria, and Italy, under Benito Mussolini, invaded Ethiopia in 1935. These actions caused alarm in the United States and raised questions about the nation’s role in maintaining peace and stability.

II. The Neutrality Acts: A Series of Measures

In response to the escalating conflicts abroad, the U.S. Congress passed a series of Neutrality Acts during the 1930s. These acts were designed to prevent the United States from being drawn into foreign wars and were influenced by the memory of World War I.

A. The Neutrality Act of 1935

The first of the Neutrality Acts, passed in 1935, imposed an embargo on selling arms to belligerent nations. This was a direct response to the outbreak of the Italian-Ethiopian War. The act also included a provision known as the “cash-and-carry” policy, which allowed warring nations to purchase non-military goods from the United States as long as they paid in cash and transported the goods on their own ships.

B. The Neutrality Act of 1936

The Neutrality Act of 1936 expanded on the previous legislation. It extended the arms embargo to include civil wars, and it added the provision that American citizens traveling on belligerent ships did so at their own risk. This was a reaction to the Spanish Civil War and the increasing involvement of foreign powers.

C. The Neutrality Act of 1937

The Neutrality Act of 1937 further restricted American involvement in international conflicts. It mandated an embargo on all arms and munitions to belligerents, including non-intervention in the ongoing conflict between China and Japan. Additionally, it required warring nations to pay cash for any non-military goods they purchased from the United States.

D. The Neutrality Act of 1939

The Neutrality Act of 1939 marked a significant departure from the previous acts. It allowed the sale of arms to belligerent nations but only on a cash-and-carry basis. Furthermore, it permitted the President to declare “limited national emergencies” and provide aid to nations deemed vital to U.S. security, effectively giving the executive branch more flexibility in foreign policy.

III. The Impact of the Neutrality Acts

The Neutrality Acts had a profound impact on American foreign policy and international relations during the 1930s. Their effects can be examined from various angles.

A. Maintaining Neutrality

The primary objective of the Neutrality Acts was to keep the United States out of foreign conflicts. By imposing arms embargoes and restricting trade with belligerent nations, these laws aimed to ensure that the United States remained neutral in word and deed.

B. Economic Consequences

The cash-and-carry provision of the Neutrality Acts had significant economic implications. It allowed the United States to engage in trade with belligerent nations as long as they paid cash and transported the goods themselves. This not only protected American interests but also bolstered the U.S. economy during the Great Depression.

C. Controversial Aspects

While the Neutrality Acts were intended to keep the United States out of war, they were not without controversy. Critics argued that these laws undermined the ability of the United States to support democratic nations facing aggression. They believed that the embargo on arms sales to countries like Britain and France hindered their ability to resist Nazi expansion.

IV. The Road to Repeal

As global events continued to unfold, it became clear that the Neutrality Acts needed revision. The outbreak of World War II in Europe in 1939, followed by the fall of France in 1940, underscored the need for a more flexible approach to foreign policy.

A. The Repeal of the Arms Embargo

In November 1939, President Franklin D. Roosevelt requested that Congress repeal the arms embargo provisions of the Neutrality Act of 1939. Roosevelt argued that the United States needed to support countries like Britain and France, which were fighting against Nazi Germany. Congress agreed, and the arms embargo was lifted.

B. The Lend-Lease Act

In March 1941, the United States took another step towards direct involvement in the war with the passage of the Lend-Lease Act. This legislation allowed the U.S. to lend or lease military equipment to countries deemed vital to U.S. security. It marked a significant shift away from strict neutrality and towards active support of the Allied powers.

V. Legacy and Conclusion

The Neutrality Acts of the 1930s represented a complex chapter in American foreign policy. While they were initially designed to keep the United States out of foreign conflicts, they also reflected the nation’s struggle to balance isolationism with international responsibility.

In the end, the Neutrality Acts were a response to a unique historical context, and their legacy is one of evolving foreign policy. They demonstrated that in a rapidly changing world, rigid adherence to neutrality might not always be in the best interest of a nation. The repeal of these acts and the passage of the Lend-Lease Act marked a pivotal moment in American history, as the United States transitioned from a spectator to a participant in World War II.

The Neutrality Acts, with their cautious approach to international involvement, have left a lasting impression on American foreign policy. They serve as a reminder of the challenges faced by a nation when trying to navigate the complex waters of global conflict while preserving its own interests and values. As we continue to grapple with issues of international diplomacy and military intervention, the lessons of the Neutrality Acts remain

relevant, providing valuable insights into the delicate balance between non-intervention and global responsibility.

The Neutrality Acts: A Guide to Understanding U.S. Foreign Policy in the Early 20th Century

Introduction

The neutrality-acts were a series of laws passed by the U.S. Congress in the 1930s and early 1940s that aimed to keep the country out of foreign conflicts. These laws were based on the belief that the U.S. had been drawn into World War I against its will, and that steps needed to be taken to prevent a similar situation from happening again.

Section 1: The First Neutrality Act of 1935

The first of the neutrality-acts was the Neutrality Act of 1935, which was passed by Congress in response to the growing threat of war in Europe. This law prohibited the export of arms, ammunition, and other military supplies to belligerent nations, as well as the transportation of U.S. citizens on belligerent ships.

Section 2: The Second Neutrality Act of 1936

The Second Neutrality Act of 1936 was passed to strengthen and expand the provisions of the 1935 law. This law extended the arms embargo to include civil wars and allowed for the sale of non-military goods to belligerent nations on a “cash and carry” basis. This meant that any nation wanting to purchase American goods had to pay cash and transport them on their own ships.

Section 3: The Third Neutrality Act of 1937

The Third Neutrality Act of 1937 further expanded the provisions of the 1935 law. It prohibited U.S. citizens from traveling on belligerent ships, even on a “cash and carry” basis. It also imposed an embargo on all loans and credits to belligerent nations.

Section 4: The lend-lease act of 1941

In 1941, with the threat of war looming ever larger, Congress passed the Lend-Lease Act. This law allowed the President to lend or lease military equipment to any country he deemed essential to U.S. defense efforts. This act marks the end of the neutrality-acts and the shift towards U.S. involvement in World War II.

Section 5: The legacy of the neutrality-acts

The neutrality-acts were controversial at the time of their passing and remain a topic of debate today. Supporters argue that the laws helped keep the U.S. out of World War II until it was absolutely necessary to get involved, while critics argue that they were too isolationist and prevented the U.S. from taking a more active role in preventing the spread of fascism in Europe.

Conclusion:

The neutrality-acts were a series of laws that sought to keep the U.S. out of foreign conflicts in the early 20th century. While they were controversial at the time, they remain an important part of U.S. foreign policy history and continue to shape the way that policy makers approach issues of war and peace.

NEUTRALITY ACTS TEXT

What are the Neutrality Acts of the 1930s?

The Neutrality Acts of the 1930s were a series of laws passed by Congress to subside the growing turmoil in Asia and Europe—feuds that eventually led to World War II. The Neutrality Acts ultimately spawned out of America’s willingness to practice non-interventionism and isolationism. This passive view on foreign policy stemmed from the United States’ involvement in World War I—The Neutrality Acts were passed to ensure that the United States would not entangle itself in foreign conflicts.

The Neutrality Acts, as the name suggests, was a series of laws that affirmed the United States’ inclination to sit on the sidelines during times of war. Ultimately, the legacy of the Neutrality acts proved somewhat futile, because they failed to make a distinction between victims and aggressors during times of conflict. The United States, through the Neutrality Act, treated all countries engaged in violence as “belligerents” or aggressors and thus deemed all clashes as unworthy for intervention. The failure to elaborate on international conflicts and label opposing sides as either “friendly” or “aggressive” initially limited the United States’ ability to aid Great Britain and other European allies against Nazi Germany. The Neutrality Acts were repealed in 1941, in the face of Pearl Harbor and the German submarine attack on U.S. naval ships.

Background of the Neutrality Acts:

The Neutrality Acts of the 1930s were spurred from the United States’ entry into World War I—an entry that many Americans believed was orchestrated by American arms dealers and bankers for the purpose of increasing profits. This sentiment eventually gained enough momentum to influence America’s stance on isolationism.

Prominent members in the United States Congress pushed for strong Neutrality Acts, which were the basis for Republican foreign policy. That being said, the support of non-interventionism was not limited to the right.

Democratic President, Franklin Roosevelt and his Secretary of State, Cordell Hull, were skeptical of the Neutrality Acts because they feared the legislation would restrict the United States from supporting its allies in times of crisis.

Even with a largely democratic House and Senate, ample support was realized to pass the Neutrality Acts. In response to the passing, President Roosevelt declined to veto the Neutrality Act—he had no interest in angering the public in the light of the upcoming Presidential election of 1936. When signed into law, the Neutrality Acts were perpetually revised and agglomerated with provisions—in total, the Neutrality Act is a grouping of 4 separate Neutrality Acts. Below is a description of each Neutrality Act:

The Neutrality Act of 1935:

President Franklin Roosevelt’s State Department lobbied for a series of embargo provisions that would enable the President to impose sanctions on the Neutrality Acts. This request was rejected by Congress.

The Neutrality Acts of 1935 was officially signed into law in August of 1935 to impose a general embargo on arms trading and the delivery of war materials between all parties in a conflict or war. Furthermore, the Neutrality Acts of 1935 declared that citizens of the United States who were to travel on warning shops did so at their own risk—the government would not partake in any retribution for attacks or causalities on said vessels.

The Neutrality Acts of 1935 also declared a “moral embargo” on any belligerent nation (again this proved ambiguous) who actively covered trades under the provisions of the Neutrality Act.

The Neutrality Act of 1936:

Passed in February of 1936, The Neutrality Act of 1936 effectively renewed the provisions of the Neutrality Act of 1935 for a 14-month period. Additionally, the Neutrality Act of 1936 forbade any forms of financing, including all loans of forms of credit supplied to belligerent nations. The Neutrality Act of 1936; however, made no mention of civil conflicts, such as those in Spain during the late 1930s. In response, a number of American companies (such as Standard Oil, General Motors, Ford, and Texaco) used the loophole of the Neutrality Act of 1936 to sell various items to Don Francisco Franco (the Head of State of Spain) on credit. By the latter portion of 1939, Franco owed these American companies over 100 million dollars.

The Neutrality Act of 1937:

In January of 1937, the United States Congress passed a joint resolution that outlawed the sale of all arms with Spain. The Neutrality Act of 1937, which was passed in May, included several provisions of its predecessors, only without expiration dates attached. Furthermore, the Neutrality Act of 1937 included isolation practices for all international civil wars.

The Neutrality Act of 1937 also prohibited U.S. ships from transporting any passenger or military article to belligerent nations. U.S. citizens were forbidden from traveling, via waterways, to belligerent nations.

The Neutrality Act of 1937 included a “cash and carry” provision which was formally devised by Roosevelt’s top advisor, Bernard Baruch. The cash and carry provision stated that the President may authorize the sale of supplies and materials to belligerent nations in Europe, so long as the recipient arranged for the transport of said goods and provided payment immediately in cash. This provision was included in the Neutrality Act of 1937 because it was believed that due to the immediacy of liquid payment, the United States would not be drawn into the conflict. Roosevelt viewed the provision as a means to aid Great Britain and France in the event of a war with Nazi Germany. France and Britain were the benefactors of the provision because of their geographic location and naval powers—they were the only two nations that controlled the seas and were thus able to take advantage of such transactions.

The Neutrality act of 1937 was put to the test when Japan invaded China in July of 1937 (the start of the Sino-Japanese War). Roosevelt, who supported China, chose not to invoke the provisions of the Neutrality Acts since the parties never declared a formal war. By refraining, Roosevelt ensured that China’s efforts to defend itself would not be impeded by the Neutrality act. China relied on arms imports and only Japan could take advantage of the cash and carry provision. This maneuver outraged isolationists in the government who believed that the Neutrality Acts were being undermined. In turn, Roosevelt exclaimed that American ships were prohibited from transporting arms to belligerents, but British ships were able to transport American arms to China. This flow of arms marked the beginning of the “quarantine phase” where America shifted from neutrality towards a foreign policy that was set on eliminating all aggressors.

Neutrality Act of 1939:

At the beginning of 1939 (following the Nazi takeover of Czechoslovakia), Roosevelt lobbied Congress to renew the cash and carry provision. Roosevelt was ultimately rejected, as the provision lapsed and the mandatory arms embargo remained active.

After Germany had invaded Poland in September of the same year, France and Great Britain declared war on the Nazi regime. In response, Roosevelt invoked the provisions of the Neutrality Acts but stated that the acts may provide passive aid to aggressive nations. Roosevelt eventually prevailed over isolationism supporters and in November the Neutrality Act of 1939 was passed, which allowed arms trade with belligerent nations (only on a cash and carry basis) to be enacted. This ended the arms embargo and repealed the Neutrality Acts of 1935 and 1937.

American ships and citizens were outlawed from entering war zones (specifically designated by Roosevelt) and the National Munitions Control Board was responsible for issuing licenses for all arms transactions as specified under the Neutrality Act of 1939. Any arms transaction that was fortified without a license carried a penalty of up to two years in federal prison.

The End of the Neutrality Acts:

The passing of the Lend-Lease Act, in March of 1941, marked the dissolution of Neutrality police. America, through the Lend-Lease Act, was able to lend, sell, or give war supplies to allied nations.

Following German attacks on U.S. vessels, Roosevelt announced on September 11th of 1941, that he ordered the U.S. Navy to attack Italian and German war vessels overseas. The United States formally declared war on Japan following the attack on Pearl Harbor and later declared war on Italy and Germany 3 days later, on December 11 of 1941.

Sugar Act Text

Introduction

The Sugar Act of 1764, also known as the American Revenue Act, was a pivotal moment in the run-up to the American Revolution. The act was passed by the British Parliament and levied new taxes on sugar, molasses, and other goods imported into the American colonies. In this article, we will explore the Sugar Act in detail, analyzing its key provisions and examining its impact on American history.

Background

The Sugar Act was passed by the British Parliament in April 1764, following a period of rising tensions between the American colonies and Great Britain. The act was part of a broader effort by the British government to raise revenue from the colonies and address concerns about smuggling and other illegal trade practices. The Sugar Act replaced the earlier Molasses Act of 1733, which had proven ineffective in regulating trade.

Provisions of the Act

The Sugar Act contained several key provisions that impacted the American colonies, including:

1. Tax on Sugar and Molasses: The Sugar Act placed a tax of three pence per gallon on molasses, as well as a tax on sugar and other goods imported into the colonies. The tax was intended to generate revenue for the British government and to discourage smuggling and illegal trade practices.

2. Enforcement Provisions: The Sugar Act contained strict enforcement provisions, including the creation of new customs posts and officials in the colonies, and harsh penalties for those caught violating the new tax laws. The act also allowed British officials to search ships and warehouses suspected of harboring contraband goods.

3. Legal Proceedings: The Sugar Act established new legal proceedings for cases involving customs violations and smuggling. The act allowed for cases to be heard in vice-admiralty courts, which were run by judges appointed by the British government and did not require juries, rather than colonial courts.

Reactions to the Act

The Sugar Act was met with widespread opposition and anger in the American colonies. Many colonists viewed the tax as a violation of their rights as British subjects and a clear example of taxation without representation. The strict enforcement provisions and use of vice-admiralty courts fueled concerns about British overreach and oppression.

Opponents of the act organized protests and boycotts of British goods, and some colonies even went so far as to pass resolutions declaring the act unconstitutional. The Virginia House of Burgesses passed a series of resolutions condemning the Sugar Act and calling for a “united, firm, and vigorous opposition” to the new tax.

Impact on American History

The Sugar Act was one of the key factors that contributed to the outbreak of the American Revolution. The act galvanized opposition to British rule in the colonies and fueled demands for greater autonomy and representation in government. The strict enforcement provisions and use of vice-admiralty courts also sparked concerns about the erosion of civil liberties and due process.

The Sugar Act also set the stage for further conflict between the colonies and Great Britain. In 1765, the Stamp Act was passed, which levied additional taxes on printed materials and generated even more opposition and protests from colonists. The growing tensions eventually led to armed conflict in 1775 and the eventual declaration of independence in 1776.

Conclusion

The Sugar Act of 1764 was a pivotal moment in American history, marking the beginning of a period of rising tensions and opposition to British rule in the colonies. The act was met with widespread opposition and protests, fueling calls for greater autonomy and representation in government. The strict enforcement provisions and use of vice-admiralty courts further fueled concerns about British overreach and oppression, setting the stage for even greater conflicts and eventual revolution.

SUGAR Act of 2011 (Introduced in Senate – IS)

S 25 IS

112th CONGRESS

1st Session

S. 25

To phase out the Federal sugar program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 25 (legislative day, January 5), 2011

Mrs. SHAHEEN (for herself, Mr. KIRK, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To phase out the Federal sugar program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Stop Unfair Giveaways and Restrictions Act of 2011′ or `SUGAR Act of 2011′.

SEC. 2. SUGAR PROGRAM.

(a) In General- Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended–

(1) in subsection (d), by striking paragraph (1) and inserting the following:

`(1) LOANS- The Secretary shall carry out this section through the use of recourse loans.’;

(2) by redesignating subsection (i) as subsection (j);

(3) by inserting after subsection (h) the following:

`(i) Phased Reduction of Loan Rate- For each of 2012, 2013, and 2014 crops of sugar beets and sugarcane, the Secretary shall lower the loan rate for each succeeding crop in a manner that progressively and uniformly lowers the loan rate for sugar beets and sugarcane to $0 for the 2015 crop.’; and

(4) in subsection (j) (as redesignated), by striking `2012′ and inserting `2014′.

(b) Prospective Repeal- Effective beginning with the 2015 crop of sugar beets and sugarcane, section 156 of the Federal Agriculture Improvement and Reform Act of 1996

(7 U.S.C. 7272) is repealed.

SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS.

(a) In General- Notwithstanding any other provision of law–

(1) a processor of any of the 2015 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and

(2) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2015 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary.

(b) Termination of Marketing Quotas and Allotments-

(1) IN GENERAL- Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed.

(2) CONFORMING AMENDMENT- Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking `sugar cane for sugar, sugar beets for sugar,’.

(1) SECTION 32 ACTIVITIES- Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended in the second sentence of the first paragraph–

(A) in paragraph (1), by inserting `(other than sugar beets and sugarcane)’ after `commodities’; and

(B) in paragraph (3), by inserting `(other than sugar beets and sugarcane)’ after `commodity’.

(2) POWERS OF COMMODITY CREDIT CORPORATION- Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting `, sugar beets, and sugarcane’ after `tobacco’.

(3) PRICE SUPPORT FOR NONBASIC AGRICULTURAL COMMODITIES- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking `milk, sugar beets, and sugarcane’ and inserting `, and milk’.

(4) COMMODITY CREDIT CORPORATION STORAGE PAYMENTS- Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed.

(5) SUSPENSION AND REPEAL OF PERMANENT PRICE SUPPORT AUTHORITY- Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended–

(A) by striking subparagraph (E); and

(B) by redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively.

(6) STORAGE FACILITY LOANS- Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is repealed.

(7) FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS- Effective beginning with the 2013 crop of sugar beets and sugarcane, section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.

(d) Transition Provisions- This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section.

SEC. 4. TARIFF-RATE QUOTAS.

(a) Establishment- Except as provided in subsection (c) and notwithstanding any other provision of law, not later than October 1, 2011, the Secretary of Agriculture shall develop and implement a program to increase the tariff-rate quotas for raw cane sugar and refined sugars for a quota year in a manner that ensures–

(1) a robust and competitive sugar processing industry in the United States; and

(2) an adequate supply of sugar at reasonable prices in the United States.

(b) Factors- In determining the tariff-rate quotas necessary to satisfy the requirements of subsection (a), the Secretary shall consider the following:

(1) The quantity and quality of sugar that will be subject to human consumption in the United States during the quota year.

(2) The quantity and quality of sugar that will be available from domestic processing of sugarcane, sugar beets, and in-process beet sugar.

(3) The quantity of sugar that would provide for reasonable carryover stocks.

(4) The quantity of sugar that will be available from carryover stocks for human consumption in the United States during the quota year.

(5) Consistency with the obligations of the United States under international agreements.

(d) Definitions- In this section, the terms `quota year’ and `human consumption’ have the meaning such terms had under section 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) (as in effect on the day before the date of the enactment of this Act).

SEC. 5. APPLICATION.

Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply beginning with the 2012 crop of sugar beets and sugarcane.

What are the Parts of the Constitution?

Understanding the Parts of the Constitution

Introduction

The United States Constitution is a revered document that serves as the supreme law of the land. It is a concise but profound blueprint for the American government, outlining the structure, powers, and limitations of each branch. To grasp its significance fully, one must understand the different parts of the Constitution, each playing a critical role in ensuring a balanced and democratic government.

The Preamble

The Constitution begins with The Preamble, a brief but powerful introduction that outlines the document’s purpose. It states:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble underscores the foundational principles of unity, justice, peace, defense, welfare, and liberty that guided the framers in creating the Constitution.

Article I: The Legislative Branch

Article I establishes the first branch of government, the Legislative Branch, which consists of the United States Congress. It is divided into two houses: the House of Representatives and the Senate. Article I grants Congress the authority to make laws, regulate commerce, and levy taxes, among other powers. It also outlines the qualifications and responsibilities of members of Congress.

Article II: The Executive Branch

Article II focuses on the Executive Branch, headed by the President of the United States. This section outlines the President’s powers and duties, including serving as Commander in Chief of the armed forces, negotiating treaties, and nominating federal judges. It also establishes the Electoral College for presidential elections.

Article III: The Judicial Branch

Article III establishes the Judicial Branch, responsible for interpreting and applying the law. It establishes the Supreme Court and grants Congress the authority to create lower federal courts. This section also outlines the types of cases that fall under the jurisdiction of the federal judiciary, such as cases involving federal law or disputes between states.

Article IV: The States

Article IV addresses the relationship between the states and the federal government. It ensures that each state respects the laws and judicial decisions of other states and establishes the process for admitting new states into the Union. Article IV also guarantees a republican form of government for each state and protects states from invasion or domestic violence.

Article V: Amendments

Article V outlines the process for amending the Constitution. It can be amended through two methods: by a two-thirds majority vote in both houses of Congress or by a convention called for by two-thirds of state legislatures. Amendments are crucial for adapting the Constitution to changing circumstances and societal needs.

Article VI: The Supremacy Clause

Article VI contains the Supremacy Clause, which declares that the Constitution, federal laws, and treaties are the supreme law of the land. It also requires all government officials, both federal and state, to take an oath to support the Constitution.

Article VII: Ratification

Article VII provides the process for ratifying the Constitution. It required the approval of nine out of thirteen states to go into effect. This article demonstrates the importance of state consent in forming the Union under the Constitution.

Conclusion

The United States Constitution is a brilliantly crafted document with distinct parts that work harmoniously to establish a framework for governance, protect individual rights, and promote the common good. Each section plays a unique role in maintaining the balance of power and ensuring the principles of democracy and liberty endure. Understanding the parts of the Constitution is essential for appreciating the nation’s enduring commitment to self-governance and the rule of law.

Preamble:

The Preamble to the Constitution is not vital from a purely legal perspective, as the Preamble does not have any legal value in and of itself. The Preamble is also a very short part of the Constitution, as it is actually a single sentence, and therefore, does not make up any significant part of the Constitution in terms of length. The importance of the Preamble lies not in these two senses, but instead lies in the precedent the Preamble establishes for the rest of the Constitution.

The Preamble was the Founding Fathers’ way of informing future generations of their motives and intent in writing the Constitution, as well as a way of establishing the most basic principles necessary for consideration of the Constitution. The opening words of the Preamble are “We the People of the United States”, which are perhaps the most well-known words in the Constitution. These words are critical to understanding that the Constitution was designed to establish a government empowered by the will of the people and for the good of the people.

The Preamble has often been used by Constitutional scholars in order to determine how other parts of the Constitution should be interpreted, as the Preamble does outline several basic purposes for the creation of the Constitution. Each of these basic purposes provides insight and understanding into the Constitution but does not actually provide any legal force. When used in court, the Preamble only ever provides an open guide for interpreting the Constitution and never provides any legal rules that must be followed. This has been proven in a number of cases in which a litigant attempted to argue for his position based on the words of the Preamble. Even though the Preamble does not have such legal power, it bears great significance for the Constitution as a whole and for any person’s understanding of that document.

Articles:

Following the Preamble, the United States Constitution is divided into seven Articles that comprise the original legislation as it was drafted by the funding Fathers 1787 at the Constitutional Convention. The Articles of the Constitution provides for the architecture that comprises the United States supreme law. Articles One through Three set up the three branches of the United States Federal Government.

Article Implements the Legislative Branch and creates the bicameral legislation that is to become Congress.Article details the Executive Branch and provides for the powers of the President of the United States.Article IIIcreates the Judicial Branch and delegates the. responsibilities of the court system. Article of the Constitution provides for the scope of the States’ powers. Article V consists of provisions regarding amendments that are to be made to the Constitution.Article VIestablishes the Federal power of the United States Government and establishes the Constitution as the supreme law of the land. Last but not least, Article VIIsets the requirements for the ratification of the Constitution, stating that at least nine states of would be needed to ratify the Constitution. The Seven Articles of the Constitution set forth the United States Government and provides for the backbone of the Federal the power that is to be implemented by the country.

Constitutional Amendments:

The Framers of the Constitution knew that there would have to be changes made to the document in due time. The changes that the unforeseen future of the The United States would bring inevitable changes to the Constitution in order to provide for the well-being of the nation as a whole. Therefore, it is not a surprise that article Vof the Constitution provides for the process in which amendments to the original legislation could be made. The process is two-fold: Amendments must first be proposed and then ratified by the States.

As of today, there have been a total of twenty-seven amendments made to the Constitution, all of which were proposed in Congress by way of a two-thirds vote. However, amendments can also be proposed if two-thirds of the States demand a specific change. Amendments, once proposed, must also be ratified by the states as required by article VIIof the Constitution. The Amendments of the Constitution comprise a vast array of legislative changes that range from civil and human rights of the people to the topic of pay raises in the United States Congress.

The first ten Amendments comprise what is known as the Bill of Rights. The Bill of Rights is actually comprised of twelve Amendments, however, only the first ten were ratified. The Twenty-Seventh Amendment was the second of the last two Amendments and was ratified in 1992. The first of the last two still remains unratified and pertains to the concept of apportionment for the house of Representatives.

TEXT of the Neutrality Act of 1937

Introduction

The Neutrality Acts were a series of laws enacted by Congress in the 1930s to keep the United States out of the growing hostilities in Europe and Asia. These laws were passed in response to the outbreak of World War II and the escalating conflicts between nations, with the goal of maintaining neutrality and preventing American involvement in foreign conflicts. In this article, we will examine the Neutrality Acts and explore their significance in American history.

Background

The Neutrality Acts were passed during a time of increasing global tensions, as the rise of totalitarian regimes in Europe and Asia threatened the stability of the international system. In the United States, there was a growing sense of isolationism and reluctance to become entangled in foreign conflicts, sparked in part by the devastation of World War I and the Great Depression.

In response to this climate of isolationism, Congress passed a series of laws aimed at keeping the United States out of foreign wars. The first of these laws, the Neutrality Act of 1935, included a number of provisions designed to limit American involvement in international conflicts.

Provisions of the Neutrality Acts

The Neutrality Acts contained several key provisions aimed at maintaining American neutrality in foreign conflicts. These provisions included:

1. Arms Embargo: The Neutrality Act of 1935 imposed an arms embargo on belligerent nations, prohibiting the sale or transfer of weapons to countries that were at war. The law also prevented Americans from traveling on ships owned by belligerent nations and prohibited loans or credit to belligerent governments.

2. Cash-and-Carry Policy: The Neutrality Act of 1937 amended the previous law to allow for the sale of non-military goods to belligerent nations, but required the receiving country to pay in cash and transport the goods themselves. This policy was seen as a compromise between isolationists and interventionists, allowing the U.S. to maintain its neutrality while still supporting allied nations.

3. Prohibition of U.S. Citizens on Belligerent Ships: The Neutrality Act of 1939 prohibited U.S. citizens from traveling on belligerent ships, even those owned by neutral countries. This provision was aimed at preventing American involvement in conflicts through acts such as sabotage or espionage.

4. Lend-Lease Program: The Neutrality Act of 1941, passed after the outbreak of World War II, marked a significant shift in U.S. policy towards foreign involvement. The law authorized the President to lend or lease war materials to allied nations, including Britain and the Soviet Union, who were fighting against Germany and Japan.

Significance of the Neutrality Acts

The Neutrality Acts were significant in shaping American foreign policy during a critical period of world history. The laws reflected a deep-seated isolationist sentiment in American society, with many believing that the United States should avoid involvement in foreign conflicts at all costs.

However, the Neutrality Acts were also criticized for being overly restrictive and limiting America’s ability to support allies in times of crisis. Some argued that the policy of neutrality was outdated and that the United States needed to take a more active role in shaping the international system.

Ultimately, the Neutrality Acts were superseded by the realities of World War II and the United States’ increasing involvement in the conflict. The Lend-Lease program, in particular, marked a significant shift in American policy, as the United States began to provide direct support to allied nations fighting against Axis powers.

Conclusion

The Neutrality Acts were a series of laws enacted by Congress in the 1930s to keep the United States out of foreign conflicts. The laws reflected a deep sense of isolationism in American society, with many believing that the United States should avoid involvement in foreign conflicts at all costs.

The Neutrality Acts were significant in shaping American foreign policy during a critical period of world history, but also highlighted the tension between isolationism and interventionism in American politics. Today, the legacy of the Neutrality Acts serves as a reminder of the importance of balancing national interests with global responsibilities, and the challenges of navigating complex geopolitical environments.

JOINT RESOLUTION

For the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war”, approved August 31, 1935, as amended.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled “Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war”, approved August 31, 1935, as amended, is amended to read as follows:

EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR

SECTION 1.

(a) Whenever the President shall find that there exists a state of war between, or among, two or more foreign states, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to any belligerent state named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state.

(b) The President shall, from time to time, by proclamation, extend such embargo upon the export of arms, ammunition, or implements of war to other states as and when they may become involved in such war.

(c) Whenever the President shall find that a state of civil strife exists in a foreign state and that such civil strife is of a magnitude or is being conducted under such conditions that the export of arms, ammunition, or implements of war from the United foreign state would threaten or endanger the peace of the United States, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to such foreign state, or to any neutral state for transshipment to, or for the use of, such foreign state.

(d) The President shall, from time to time by proclamation, definitely enumerate the arms, ammunition, and implements of war, the export of which is prohibited by this section. The arms, ammunition, and implements of war so enumerated shall include those enumerated in the Presidents proclamation Numbered 2163, of April 10, 1936, but shall not include raw materials or any other articles or materials not of the same general character as those enumerated in the said proclamation, and in the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, signed at Geneva June 17, 1925.

(e) Whoever, in violation of any of the provisions of this Act, shall export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from the United States shall be fined not more than $10,000, or imprisoned not more than five years, or both, and the property, vessel, or vehicle containing the same shall be subject to the provisions of sections 1 to 8, inclusive, title 6, chapter 30, of the Act approved June 15, 1917 (40 Stat. 223-225; U. S. C., 1934 ed., title 22, sess. 238-245).

(f) In the case of the forfeiture of any arms, ammunition, or implements of war by reason of a violation of this Act. no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or disposal thereof as shall be approved by the President of the United States.

(g) Whenever, in the judgment of the President, the conditions which have caused him to issue any proclamation under the authority of this section have ceased to exist, he shall revoke the same, and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed, or forfeitures incurred, prior to such revocation.

EXPORT OF OTHER ARTICLES AND MATERIALS

SECTION 2.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act and he shall thereafter find that the placing of restrictions on the shipment of certain articles or materials in addition to arms, ammunition, and implements of war from the United States to belligerent states, or to a state wherein civil strife exists, is necessary to promote the security or preserve the peace of the United States or to protect the lives of citizens of the United States, he shall so proclaim, and it shall thereafter be unlawful, except under such limitations and exceptions as the President may prescribe as to lakes, rivers, and inland waters bordering on the United States, and as to transportation on or over lands bordering on the United States, for any American vessel to carry such articles or materials to any belligerent state, or to any state wherein civil strife exists, named in such proclamation issued under the authority of section 1 of this Act, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists. The President shall by proclamation from time to time definitely enumerate the articles and materials which it shall be unlawful for American vessels to so transport.

(b) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act and he shall thereafter find that the placing of restrictions on the export of articles or materials from the United States to belligerent states, or to a state wherein civil strife exists, is necessary to promote the security or preserve the peace of the United States or to protect the lives or commerce of citizens of the United States, he shall so proclaim, and it shall thereafter be unlawful, except under such limitations and exceptions as the President may prescribe as to lakes, rivers, and inland waters bordering on the United States, and as to transportation on or over land bordering on the United States, to export or transport, or attempt to export or transport, or cause to be exported or transported, from the United States to any belligerent state, or to any state wherein civil strife exists, named in such proclamation issued under the authority of section 1 of this Act, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists, any articles or materials whatever until all right, title, and interest therein shall have been transferred to some foreign government, agency, institution, association, partnership, corporation, or national.

The shipper of such articles or materials shall be required to file with the collector of the port from which they are to be exported a declaration under oath that there exists in citizens of the United States no right, title, or interest in such articles or materials, and to comply with such rules and regulations as shall be promulgated from time to time by the President. Any such declaration so filed shall be a conclusive estoppel against any claim of any citizen of the United States of right, title, or interest in such articles or materials.

Insurance written by underwriters on any articles or materials the export of which is prohibited by this Act, or on articles or materials carried by an American vessel in violation of subsection (a) of this section, shall not be deemed an American interest therein, and no insurance policy issued on such articles or materials and no loss incurred thereunder or by the owner of the vessel carrying the same shall be made a basis of any claim put forward by the Government of the United States.

(c) The President shall from time to time by proclamation extend such restrictions as are imposed under the authority of this section to other states as and when they may be declared to become belligerent states under proclamations issued under the authority of section 1 of this Act.

(d) The President may from time to time change, modify, or revoke in whole or in part any proclamations issued by him under the authority of this section.

(e) Except with respect to offenses committed, or forfeitures incurred, prior to May 1, 1939, this section and all proclamations issued thereunder shall not be effective after May 1, 1939.

FINANCIAL TRANSACTIONS

SECTION 3.

Provided, That if the President shall find that such action will serve to protect the commercial or other interests of the United States or its citizens, he may, in his discretion, and to such extent and under such regulations as he may prescribe, except from the operation of this section ordinary commercial credits and short-time obligations in aid of legal transactions and of a character customarily used in normal peacetime commercial transactions. Nothing in this subsection shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, political subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the approval of the President and shall be made under such rules and regulations as he shall prescribe.

(b) The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of the Presidents proclamation.

(c) Whoever shall violate the provisions of this section or of any regulations issued hereunder shall, upon conviction thereof, be fined not more than $50,000 or imprisoned for not more than five years, or both. Should the violation be by a corporation, organization, or association, each officer or agent thereof participating in the violation may be liable to the penalty herein prescribed.

(d) Whenever the President shall have revoked any such proclamation issued under the authority of section 1 of this Act, the provisions of this section and of any regulations issued by the President thereunder shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.

EXCEPTIONS-AMERICAN REPUBLICS

SECTION 4.

This Act shall not apply to an American republic or republics engaged in war against a non-American state or states, provided the American republic is not cooperating with a non-American state or states in such war.

NATIONAL MUNITIONS CONTROL BOARD

SECTION 5.

(a) There is hereby established a National Munitions Control Board (hereinafter referred to as the Board) to carry out the provisions of this Act. The Board shall consist of the Secretary of State, who shall be chairman and executive officer of the Board, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Commerce. Except as otherwise provided in this Act, or by other law, the administration of this Act is vested in the Department of State. The Secretary of State shall promulgate such rules and regulations with regard to the enforcement of this section as he may deem necessary to carry out its provisions. The Board shall be convened by the chairman and shall hold at least one meeting a year.

(b) Every person who engages in the business of manufacturing, exporting or importing any of the arms, ammunition, or implements of war referred to in this Act, whether as an exporter, importer, manufacturer, or dealer, shall register with the Secretary of State his name, or business name, principal place of business, and places of business in the United States, and a list of the arms, ammunition, and implements of war which he manufactures, imports, or exports.

(c) Every person required to register under this section shall notify the Secretary of State of any change in the arms, ammunition, or implements of war which he exports, imports, or manufactures; and upon such notification, the Secretary of State shall issue to such person an amended certificate of registration, free of charge, which shall remain valid until the date of expiration of the original certificate. Every person required to register under the provisions of this section shall pay a registration fee of $500, unless he manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding his registration, in which case he shall pay a registration fee of $100.

Upon receipt of the required registration fee, the Secretary of State shall issue a registration certificate valid for five years, which shall be renewable for further periods of five years upon the payment for each renewal of a fee of $500 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of more than $50,000 during the twelve months immediately preceding the renewal, or a fee of $100 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding the renewal.

The Secretary of the Treasury is hereby directed to refund, out of any amounts of money in the Treasury not otherwise appropriated, the sum of $400 to every person who shall have paid a registration fee of $500 pursuant to this Act, who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding his registration.

(d) It shall be unlawful for any person to export, or attempt to export, from the United States to any other state, any of the arms, ammunition, or implements of war referred to in this Act, or to import, or attempt to import, to the United States from any other state, any of the arms, ammunition, or implements of war referred to in this Act, without first having obtained a license therefore.

(e) All persons required to register under this section shall maintain, subject to the inspection of the Secretary of State, or any person or persons designated by him, such permanent records of manufacture for export, importation, and exportation of arms, ammunition, and implements of war as the Secretary of State shall prescribe.

(f) Licenses shall be issued to persons who have registered as herein provided for, except in cases of export or import licenses where the export of arms, ammunition, or implements of war would be in violation of this Act or any other law of the United States, or of a treaty to which the United States is a party, in which cases such licenses shall not be issued.

(g) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, all licenses theretofore issued under this Act shall ipso facto and immediately upon the issuance of such proclamation, cease to grant authority to export arms, ammunition, or implements of war from any place in the United States to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists; and said licenses, insofar as the grant of authority to export to the state or states named in such proclamation is concerned, shall be null and void.

(h) No purchase of arms, ammunition, or implements of war shall be made on behalf of the United States by any officer, executive department, or independent establishment of the Government from any person who shall have failed to register under the provisions of this Act.

(i) The provisions of the Act of August 29, 1916, relating to the sale of ordnance and stores to the Government of Cuba (39 Stat. 619, 643; U. S. C., 1934 ed., title 50, sec. 72), are hereby repealed as of December 31, 1937.

(j) The Board shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain such information and data collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms, ammunition, and implements of war. The Board shall include in such reports a list of all persons required to register under the provisions of this Act, and full information concerning the licenses issued hereunder.

(k) The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section.

AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS TO BELLIGERENT STATES

SECTION 6.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel to carry any arms, ammunition, or implements of war to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists.

(b) Whoever, in violation of the provisions of this section shall take, or attempt to take, or shall authorize, hire, or solicit another to take, any American vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000, or imprisoned not more than five years, or both; and, in addition, such vessel, and her tackle, apparel, furniture, and equipment, and the arms, ammunition, and implements of war on board, shall be forfeited to the United States.

USE OF AMERICAN PORTS AS BASE OF SUPPLY

SECTION 7.

(a) Whenever, during any war in which the United States is neutral, the President, or any person “hereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port of the United States, fuel, men, arms, ammunition, implements of war, or other supplies to any warship, tender, or supply ship of a belligerent state, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 1, title V, chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221; U. S. C., 1934 ed., title 18, sec. 31), and if, in the Presidents judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power and it shall be his duty to require the owner, master, or person in command thereof, before departing from a port of the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or any part of the cargo, to any warship, tender, or supply ship of a belligerent state.

(b) If the President, or any person “hereunto authorized by him, shall find that a vessel, domestic or foreign, in a port of the United States, has previously cleared from a port of the United States during such war and delivered its cargo or any part thereof to a warship, tender, or supply ship of a belligerent state, he may prohibit the departure of such vessel during the duration of the war.

SUBMARINES AND ARMED MERCHANT VESSELS

SECTION 8.

Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state, will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine or armed merchant vessel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limitations as the President may prescribe. Whenever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply.

TRAVEL ON VESSELS OF BELLIGERENT STATES

SECTION 9.

Whenever the President shall have issued a proclamation under the authority of section 1 of this Act it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of the state or states named in such proclamation, except in accordance with such rules and regulations as the President shall prescribe: Provided, however, That the provisions of this section shall not apply to a citizen of the United States traveling on a vessel whose voyage was begun in advance of the date of the Presidents proclamation, and who had no opportunity to discontinue his voyage after that date: and provided: further, That they shall not apply under ninety days after the date of the Presidents proclamation to a citizen of the United States returning from a foreign state to the United States. Whenever, in the Presidents judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.

ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED

SECTION 10.

Whenever the President shall have issued a proclamation under the authority of section 1, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel engaged in commerce with any belligerent state, or any state wherein civil strife exists, named in such proclamation, to be armed or to carry any armament, arms, ammunition, or implements of war, except small arms and ammunition therefor which the President may deem necessary and shall publicly designate for the preservation of discipline aboard such vessels.

REGULATIONS

SECTION 11.

The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out any of the provisions of this Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct.

GENERAL PENALTY PROVISION

SECTION 12.

In every case of the violation of any of the provisions of this Act or of any rule or regulation issued pursuant thereto where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more than $10,000, or imprisoned not more than five years, or both.

Intolerable Acts Text

Introduction

The Intolerable Acts, also known as the Coercive Acts, were a series of harsh measures imposed by the British Parliament on the colonies in response to the Boston Tea Party. Although the acts were intended to punish the people of Massachusetts and restore British authority in the colonies, they had the opposite effect, inflaming tensions between Great Britain and the American colonies and fueling the push for American independence. In this article, we will explore the text and significance of the Intolerable Acts.

The Text

The Intolerable Acts consisted of several pieces of legislation passed by the British Parliament in 1774. The first act was the Boston Port Act, which closed the port of Boston until the Massachusetts colonists paid for the damages caused during the Boston Tea Party.

The second act was the Massachusetts Government Act, which altered the colonial government of Massachusetts, effectively ending self-rule and placing power in the hands of the British-appointed governor.

The third act was the Administration of Justice Act, which granted British officials immunity from prosecution for any acts committed while enforcing British laws in the colonies.

The fourth and final act was the Quartering Act, which required colonists to provide housing and supplies for British soldiers stationed in the colonies.

The Significance

The Intolerable Acts were significant for several reasons, including:

1. Violation of Colonial Rights: The Intolerable Acts represented a clear violation of the rights of the colonists, particularly the Massachusetts colonists, who were subjected to harsh and oppressive measures in response to the Boston Tea Party. The laws unilaterally imposed by the British government on the colonies violated the idea of self-rule and autonomy that the colonists prized.

2. Uniting the Colonies: The Intolerable Acts had the unintended effect of unifying the colonies against Great Britain. The acts were perceived as an attack on all of the colonies, rather than just Massachusetts, and fueled a sense of solidarity and common purpose among the colonists. The acts ultimately helped to set the stage for the American Revolution.

3. Push for American Independence: The Intolerable Acts were a key factor in the push for American independence from Great Britain. The acts represented a clear example of British tyranny and oppression, and inspired a strong sense of resistance among the colonists. The acts helped to galvanize the push for American independence, leading to the Declaration of Independence and the eventual establishment of the United States of America.

Quotations from the Text

The text of the Intolerable Acts contains several noteworthy quotations that highlight the significance and severity of the legislation. Here are a few examples:

– “An Act to discontinue, in such manner, and for such time, as are therein mentioned, the landing and discharging, lading, or shipping, of goods, wares, and merchandise, at the town, and within the harbour of Boston, in the province of Massachusetts Bay, in North America.” (Boston Port Act)

This quote demonstrates the intention of the Boston Port Act to punish the people of Massachusetts by closing the port of Boston until they paid for the damages caused during the Boston Tea Party.

– “An Act for the better regulating the government of the province of the Massachusetts Bay in New England.” (Massachusetts Government Act)

This quote highlights the intention of the Massachusetts Government Act to alter the colonial government of Massachusetts and place power in the hands of the British-appointed governor.

– “An Act for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of Massachusetts Bay, in New England.” (Administration of Justice Act)

This quote demonstrates the intention of the Administration of Justice Act to grant British officials immunity from prosecution while enforcing British laws in the colonies.

– “An Act for the better providing suitable quarters for officers and soldiers in his Majesty’s service in North America.” (Quartering Act)

This quote highlights the intention of the Quartering Act to require colonists to provide housing and supplies for British soldiers stationed in the colonies.

Conclusion

The Intolerable Acts were a series of harsh measures imposed by the British Parliament on the American colonies in response to the Boston Tea Party. The acts represented a clear violation of colonial rights and helped to fuel a sense of resistance and solidarity among the colonies. The acts ultimately helped to set the stage for the American Revolution and the eventual establishment of the United States of America.

Intolerable Acts

BOSTON PORT ACT

March 31, 1774

An act to discontinue, in such manner, and for such time as are therein mentioned, the landing and discharging, lading or shipping, of goods, wares, and merchandise, at the town, and within the harbour, of Boston, in the province of Massachuset’s Bay, in North America.

WHEREAS dangerous commotions and insurrections have been fomented and raised in the town of Boston, in the province of Massachuset’s Bay, in New England, by divers ill-affected persons, to the subversion of his Majesty’s government, and to the utter destruction of the publick peace, and good order of the said town; in which commotions and insurrections certain valuable cargoes of teas, being the property of the East India Company, and on board certain vessels lying within the bay or harbour of Boston, were seized and destroyed:

And whereas, in the present condition of the said town and harbour, the commerce of his Majesty’s subjects cannot be safely carried on there, nor the customs payable to his Majesty duly collected; and it is therefore expedient that the officers of his Majesty’s customs should be forthwith removed from the said town:

May it please your Majesty that it may be enacted; and be it enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the first day of June, one thousand seven hundred and seventy-four, it shall not be lawful for any person or persons whatsoever to lade put, or cause or procure to be laden or put, off or from any quay, wharf, or other place, within the said town of Boston, or in or upon any part of the shore of the bay, commonly called The Harbour of Boston, between a certain headland or point called Nahant Point, on the eastern side of the entrance into the said bay, and a certain other headland or point called Alderton Point, on the western side of the entrance into the said bay, or in or upon any island, creek, landing place, bank, or other place, within the said bay or headlands, into any ship, vessel, lighter, boat, or bottom, any goods, wares, or merchandise whatsoever, to be transported or carried into any other country, province or place whatsoever, or into any other part of the said province of the Massachuset’s Bay, in New England; or to take up, discharge, or lay on land, or cause or procure to be taken up, discharged, or laid on land, within the said town, or in or upon any of the places aforesaid, out of any boat, lighter, ship, vessel, or bottom, any goods, wares, or merchandise whatsoever, to be brought from any other country, province, or place, or any other part of the said province of the Massachuset’s Bay in New England, upon pain of the forfeiture of the said goods, wares, and merchandise, and of the said boat, lighter, ship, or vessel or other bottom into which the same shall be taken, and of the guns, ammunition, tackle, furniture, and stores, in or belonging to the same:

And if any such goods, wares, or merchandise, shall, within the said town, or in any the places aforesaid, be laden or taken in from the shore into any barge, hoy, lighter, wherry, or boat, to be carried on board any ship or vessel coming in and arriving from any other country or province, or other part of the said province of the Massachuset’s Bay in New England, such barge, hoy, lighter, wherry, or boat, shall be forfeited and lost.

II. And be it further enacted by the authority aforesaid, That if any warfinger, or keeper of any wharf, crane, or quay, of their servants, or any of them, shall take up or land, or knowingly suffer to be taken up or landed, or shall ship off, or suffer to be waterborne, at or from any of their said wharfs, cranes, or quays, any such goods, wares, or merchandise; in every such case, all and every such wharfinger, and keeper of such wharf, crane, or quay, and every person whatever who shall be assisting, or otherwise concerned in the shipping or in the loading or putting on board any boat, or other vessel for that purpose, or in the unshipping such goods, wares, and merchandise, or to whose hands the same shall knowingly come after the loading, shipping, or unshipping thereof, shall forfeit and lose treble the value thereof, to be computed at the highest price which such sort of goods, wares, and merchandise, shall bear at the place where such offence shall be committed, together with the vessels and boats, and all the horses, cattle, and carriages, whatsoever made use of in the shipping, unshipping, landing, removing, carriage, or conveyance of any of the aforesaid goods, wares, and merchandise.

III. And be it further enacted by the authority aforesaid, That if any ship or vessel shall be moored or lie at anchor, or be seen hovering within the said bay, described and bounded as aforesaid, or within one league from the said bay so described, or the said headlands, or any of the islands lying between or within the same, it shall and may be lawful for any admiral, chief commander, or commissioned officer, of his Majesty’s fleet or ships of war, or for any officer of his Majesty’s customs, to compel such ship or vessel to depart to some other port or harbour, or to such station as the said officer shall appoint, and to use such force for that purpose as shall be found necessary: And if such ship or vessel shall not depart accordingly, within six hours after notice for that purpose given by such person as aforesaid, such ship or vessel, together with all the goods laden on board thereon, and all the guns, ammunition, tackle, and furniture, shall be forfeited and lost, whether bulk shall have been broken or not.

IV. Provided always, That nothing in this act contained shall extend, or be construed to extend, to any military or other stores for his Majesty’s use, or to the ships or vessels whereon the same shall be laden, which shall be commissioned by, and in the immediate pay of, his Majesty, his heirs or successors; nor to any fuel or victual brought coastwise from any part of the continent of America, for the necessary use and sustenance of the inhabitants of the said town of Boston, provided the vessels wherein the same are to be carried shall be duly furnished with a cocket and let-pass, after having been duly searched by the proper officers of his Majesty’s customs at Marblehead, in the port of Salem, in the said province of Massachuset’s Bay; and that some officer of his Majesty’s customs be also there put on board the said vessel, who is hereby authorized to go on board, and proceed with the said vessel, together with a sufficient number of persons, properly armed, for his defence, to the said town or harbour of Boston; nor to any ships or vessels which may happen to be within the said harbour of Boston on or before the first day of June, one thousand seven hundred and seventy four, and may have either laden or taken on board, or be there with intent to load or take on board, or to land or discharge any goods, wares, and merchandise, provided the said ships and vessels do depart the said harbour within fourteen days after the said first day of June, one thousand seven hundred and seventy-four.

V. And be it further enacted by the authority aforesaid, That all seizures, penalties, and forfeitures, inflicted by this act, shall be made and prosecuted by any admiral, chief commander, or commissioned officer, of his Majesty’s fleet, or ships of war, or by the officers of his Majesty’s customs, or some of them, or by some other person deputed or authorised, by warrant from the lord high treasurer, or the commissioners of his Majesty’s treasury for the time being, and by no other person whatsoever: And if any such officer, or other person authorised as aforesaid, shall, directly or indirectly, take or receive any bribe or reward, to connive at such lading or unlading, or shall make or commence any collusive seizure, information, or agreement for that purpose, or shall do any other act whatsoever, whereby the goods, wares, or merchandise, prohibited as aforesaid, shall be suffered to pass, either inwards or outwards, or whereby the forfeitures and penalties inflicted by this act may be evaded, every such offender shall forfeit the sum of five hundred pounds for every such offence, and shall become incapable of any office or employment, civil or military; and every person who shall give, offer, or promise, any such bribe or reward, or shall contract, agree, or treat with any person, so authorised as aforesaid, to commit any such offfence, shall forfeit the sum of fifty pounds.

VI. And be it further enacted by the authority aforesaid, That the forfeitures and penalties inflicted by this act shall and may be prosecuted, sued for, and recovered, and be divided, paid, and applied, in like manner as other penalties and forfeitures inflicted by any act or acts of parliament, relating to the trade or revenues of the British colonies or plantations in America, are directed to be prosecuted, sued for, or recovered, divided, paid, and applied, by two several acts of parliament, the one passed in the fourth year of his present Majesty, (intituled, An act for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual, an act passed in the sixth year of the reign of his late majesty King George the Second, intituled, An act for the better securing and encouraging the trade of his Majesty’s sugar colonies in America: for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expences of defending, protecting, and securing, the said colonies and plantations; for explaining an act made in the twenty-fifth year of the reign of King Charles the Second, intituled, An act for the encouragement of the Greenland and Eastland trades, and for the better securing the plantation trade; and for altering and disallowing several drawbacks on exports from this kingdom, and more effectually preventing the clandestine conveyance of goods to and from the said colonies and plantations, and improving and securing the trade between the same and Great Britain;) the other passed in the eighth year of his present Majesty’s reign, (intituled, An act for the more easy and effectual recovery of the penalties and forfeitures inflicted by the acts of parliament relating to the trade or revenues of the British colonies and plantations in America.)

VII. And be it further enacted by the authority aforesaid, That every charter party bill of loading, and other contract for consigning shipping, or carrying any goods, wares, and merchandize whatsoever, to or from the said town of Boston, or any part of the bay or harbour thereof, described as aforesaid, which have been made or entered into, or which shall be made or entered into, so long as this act shall remain in full force, relating to any ship which shall arrive at the said town or harbour, after the first day of June, one thousand seven hundred and seventy-four, shall be, and the same are hereby declared to be utterly void, to all intents and purposes whatsoever.

VIII. And be it further enacted by the authority aforesaid, That whenever it shall be made to appear to his Majesty, in his privy council, that peace and obedience to the laws shall be so far restored in the said town of Boston, that the trade of Great Britain may safely be carried on there, and his Majesty’s customs duly collected, and his Majesty, in his privy council, shall adjudge the same to be true, it shall and may be lawful for his Majesty, by proclamation, or order of council, to assign and appoint the extent, bounds, and limits, of the port or harbour of Boston, and of every creek or haven within the same, or in the islands within the precincts thereof; and also to assign and appoint such and so many open places, quays, and wharfs, within the said harbour, creeks, havens, and islands, for the landing, discharging, lading, and shipping of goods, as his Majesty, his heirs or successors, shall judge necessary and expedient; and also to appoint such and so many officers of the customs therein as his Majesty shall think fit, after which it shall be lawful for any person or persons to lade or put off from, or to discharge and land upon, such wharfs, quays, and places, so appointed within the said harbour, and none other, any goods, wares, and merchandise whatever.

IX. Provided always, That if any goods, wares, or merchandize, shall be laden or put off from, or discharged or landed upon, any other place than the quays, wharfs, or places, so to be appointed, the same, together with the ships, boats, and other vessels employed therein, and the horses, or other cattle and carriages used to convey the same, and the person or persons concerned or assisting therein, or to whose hands the same shall knowingly come, shall suffer all the forfeitures and penalties imposed by this or any other act on the illegal shipping or landing of goods.

X. Provided also, and it is hereby declared and enacted, That nothing herein contained shall extend, or be construed, to enable his Majesty to appoint such port, harbour, creeks, quays, wharfs, places, or officers in the said town of Boston, or in the said bay or islands, until it shall sufficiently appear to his Majesty that full satisfaction hath been made by or on behalf of the inhabitants of the said town of Boston to the united company of merchants of England trading to the East Indies, for the damage sustained by the said company by the destruction of their goods sent to the said town of Boston, on board certain ships or vessels as aforesaid; and until it shall be certified to his Majesty, in council, by the governor, or lieutenant governor, of the said province, that reasonable satisfaction hath been made to the officers of his Majesty’s revenue, and others, who suffered by the riots and insurrections above mentioned, in the months of November and December, in the year one thousand seven hundred and seventy-three, and in the month of January, in the year one thousand seven hundred and seventy-four.

XI. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced, either in Great Britain or America, against any person or persons, for any thing done in pursuance of this act of parliament, the defendant or defendants, in such action or suit, may plead the general issue, and give the said act, and the special matter, in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act: and if it shall appear so to have been done, the jury shall find for the defendant or defendants; and if the plaintiff shall be nonsuited, or discontinue his action, after the defendant or defendants shall have appeared: or if judgment shall be given upon any verdict or demurrer, against the plaintiff, the defendant or defendants shall recover treble costs, and have the like remedy for the same, as defendants have in other cases by law.

MASSACHUSETTS GOVERNMENT ACT

May 20, 1774

An act for the better regulating the government of the province of the Massachuset’s Bay, in New England.

WHEREAS by letters patent under the great seal of England, made in the third year of the reign of their late majesties King William and Queen Mary, for uniting, erecting, and incorporating, the several colonies, territories, and tracts of land therein mentioned, into one real province, by the name of Their Majesties Province of the Massachuset’s Bay, in New England; whereby it was, amongst other things, ordained and established, That the governor of the said province should, from thenceforth, be appointed and commissionated by their Majesties, their heirs and successors:

It was, however, granted and ordained, That, from the expiration of the term for and during which the eight and twenty persons named in the said letters patent were appointed to be the first counsellors or assistants to the governor of the said province for the time being, the aforesaid number of eight and twenty counsellors or assistants should yearly, once in every year, for ever thereafter, be, by the general court or assembly, newly chosen:

And whereas the said method of electing such counsellors or assistants, to be vested with the several powers, authorities, and privileges, therein mentioned, although conformable to the practice theretofore used in such of the colonies thereby united, in which the appointment of the respective governors had been vested in the general courts or assemblies of the said colonies, hath, by repeated experience, been found to be extremely ill adapted to the plan of government established in the province of the Massachuset’s Bay, by the said letters patent herein-before mentioned, and hath been so far from contributing to the attainment of the good ends and purposes thereby intended, and to the promoting of the internal welfare, peace, and good government of the said province, or to the maintenance of the just subordination to, and conformity with, the laws of Great Britain, that the manner of exercising the powers, authorities, and privileges aforesaid, by the persons so annually elected, hath, for some time past, been such as had the most manifest tendency to obstruct, and, in great measure, defeat, the execution of the laws; to weaken and, in great measure, defeat, the execution of the laws; to weaken the attachment of his Majesty’s well-disposed subjects in the said province to his Majesty’s government, and to encourage the ill-disposed among them to proceed even to acts of direct resistance to, and defiance of, his Majesty’s authority;

And it hath accordingly happened that an open resistance to the execution of the laws hath actually taken place in the town of Boston, and the neighbourhood thereof, within the said province: And whereas it is, under these circumstances, become absolutely necessary, in order to the preservation of the peace and good order of the said province, the protection of his Majesty’s well-disposed subjects therein resident, the continuance of the mutual benefits arising from the commerce and correspondence between this kingdom and the said province, and the maintaining of the just dependance of the said province upon the crown and parliament of Great Britain, that the said method of annually electing the counsellors or assistants of the said province should no longer be suffered to continue but that the appointment of the said counsellors or assistants should henceforth be put upon the like footing as is established in such other of his Majesty’s colonies or plantations in America, the governors whereof are appointed by his Majesty’s commission, under the great seal of Great Britain:

Be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That from and after the first day of August, one thousand seven hundred and seventy-four, so much of the charter, granted by their majesties King William and Queen Mary to the inhabitants of the said province of the Massachuset’s Bay, in New England, and all and every clause, matter, and thing, therein contained, which relates to the time and manner of electing the assistants or counsellors for the said province, be revoked, and is hereby revoked and made void and of none effect; and that the offices of all counsellors and assistants, elected and appointed in pursuance thereof, shall from thenceforth cease and determine:

And that, from and after the said first day of August, one thousand seven hundred and seventy-four, the council, or court of assistants of the said province for the time being, shall be composed of such of the inhabitants or proprietors of lands within the same as shall be thereunto nominated and appointed by his Majesty, his heirs and successors, from time to time, by warrant under his or their signet or sign manual, and with the advice of the privy council, agreeable to the practice now used in respect to the appointment of counsellors in such of his Majesty’s other colonies in America, the governors whereof are appointed by commission under the great seal of Great Britain: provided, that the number of the said assistants or counsellors shall not, at any one time, exceed thirty-six, nor be less than twelve.

II. And it is hereby further enacted, That the said assistants or counsellors, so to be appointed as aforesaid, shall hold their offices respectively, for and during the pleasure of his Majesty, his heirs or successors; and shall have and enjoy all the powers, privileges, and immunities, at present held, exercised, and enjoyed, by the assistants or counsellors of the said province, constituted and elected, from time to time, under the said charter, (except as herein-after excepted); and shall also, upon their admission into the said council, and before they enter upon the execution of their offices respectively, take the oaths, and make, repeat, and subscribe, the declarations required, as well by the said charter as by any law or laws of the said province now in force, to be taken by the assistants or counsellors who have been so elected and constituted as aforesaid.

III. And be it further enacted by the authority aforesaid, That from and after the first day of July, one thousand seven hundred and seventy-four, it shall and may be lawful for his Majesty’s governor for the time being of the said province, or, in his absence, for the lieutenant-governor, to nominate and appoint, under the seal of the province, from time to time, and also to remove, without the consent of the council, all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices of the peace, and other officers to the council or courts of justice belonging; and that all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices, and other officers so appointed by the governor, or, in his absence, by the lieutenant-governor alone, shall and may have, hold, and exercise, their said offices, powers, and authorities, as fully and completely, to all intents and purposes, as any judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, attorney general, provosts, marshals, or other officers, have or might have done heretofore under the said letters patent, in the third year of the reign of their late majesties King William and Queen Mary; any law, statute, or usage, to the contrary notwithstanding.

IV. Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to annul or make void the commission granted before the said first day of July, one thousand seven hundred and seventy-four, to any judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices of the peace, or other officers; but that they may hold and exercise the same, as if this act had never been made, until the same shall be determined by death, removal by the governor, or other avoidance, as the case may happen.

V. And be it further enacted by the authority aforesaid, That, from and after the said first day of July, one thousand seven hundred and seventy-four, it shall and may be lawful for his Majesty’s governor, or, in his absence, for the lieutenant-governor for the time being of the said province, from time to time, to nominate and appoint the sheriffs without the consent of the council, and to remove such sheriffs with such consent, and not otherwise.

VI. And be it further enacted by the authority aforesaid, That, upon every vacancy of the officers of chief justice and judges of the superior court of the said province, from and after the said first day of July, one thousand seven hundred and seventy-four, the governor for the time being, or, in his absence, the lieutenant-governor, without the consent of the council, shall have full power and authority to nominate and appoint the persons to succeed to the said offices; who shall hold their commissions during the pleasure of his Majesty, his heirs and successors; and that neither the chief justice or judges appointed before the said first day of July, one thousand seven hundred and seventy-four, nor those who shall hereafter be appointed pursuant to this act, shall be removed, unless by the order of his Majesty, his heirs or successors, under his or their sign manual.

VII. And whereas, by several acts of the general court, which have been from time to time enacted and passed within the said province, the freeholders and inhabitants of the several townships, districts, and precincts, qualified, as is therein expressed, are authorised to assemble together, annually, or occasionally, upon notice given, in such manner as the said acts direct, for the choice of select men, constables, and other officers, and for the making and agreeing upon such necessary rules, orders, and bye laws, for the directing, managing, and ordering, the prudential affairs of such townships, districts, and precincts, and for other purposes: and whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves:

For remedy whereof, be it enacted, That from and after the said first day of August, one thousand seven hundred and seventy-four, no meeting shall be called by the select men, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the governor, or, in his absence, of the lieutenant-governor, in writing, expressing the special business of the said meeting, first had and obtained, except the annual meeting in the months of March or May, for the choice of select men, constables, and other officers, or except for the choice of persons to fill up the offices aforesaid, on the death or removal of any of the persons first elected to such offices, and also, except any meeting for the election of a representative or representatives in the general court; and that no other matter shall be treated of at such meetings, except the election of their aforesaid officers or representatives, nor at any other meeting, except the business expressed in the leave given by the governor, or, in his absence, by the lieutenant-governor.

VIII. And whereas the method at present used in the province of Massachuset’s Bay in America, of electing persons to serve on grand juries, and other juries, by the freeholders and inhabitants of the several towns, affords occasion for many evil practices, and tends to pervert the free and impartial administration of justice: for remedy whereof, be it further enacted by the authority aforesaid, That, from and after the respective times appointed for the holding of the general sessions of the peace in the several counties within the said province, next after the month of September, one thousand seven hundred and seventy-four, the jurors to serve at the superior courts of judicature, courts of assize, general gaol delivery, general sessions of the peace, and inferior court of common pleas, in the several counties within the said province, shall not be elected, nominated, or appointed, by the freeholders and inhabitants of the several towns within the said respective counties nor summoned or returned by the constables of the said towns; but that, from thenceforth, the jurors to serve at the superior courts of judicature, courts of assize, general gaol delivery, general sessions of the peace, and inferior court of common pleas within the said province, shall be summoned and returned by the sheriffs of the respective counties within the said province; and all writs of Venire Facias, or other process or warrants to be issued for the return of jurors to serve at the said courts, shall be directed to the sheriffs of the said counties respectively, any law, custom, or usage, to the contrary notwithstanding.

IX. Provided always, and be it further enacted by the authority aforesaid, That wherever the sheriff of any country shall happen to be a party, or interested or related to any party of person interested in any prosecution or suit depending in any of the said courts; that then in such case, the writ of Venire Facias, of other process or warrant for the summoning and return of a jury, for the trial of such prosecution or suit, shall be directed to, and executed by, the coroner of such county; and in case such coroner shall be also a party, or interested in, or related to, the Venire Facias, or other process or warrant, for the summoning and return of a jury for the trial of such prosecution or suit shall be directed to, and executed by, a proper and indifferent person, to be appointed for that purpose by the court wherein such prosecution or suit shall be depending.

X. And that all sheriffs may be the better informed of persons qualified to serve on juries at the superior courts of judicature, courts of assize, general gaol delivery, general sessions of the peace, and inferior court of common pleas, within the said province, be it further enacted by the authority aforesaid, That the constables of the respective towns, within the several counties of the said province, shall, at the general sessions of the peace to be holden for each county, next after the month of September in every year, upon the first day of the said sessions, return and deliver to the justices of the peace, in open court, a true life, in writing, of the names and places of abode of all persons within the respective towns for which they serve, or the districts thereof, qualified to serve upon juries, with their titles and additions, between the age of one and twenty years and the age of seventy years; which said justices or any two of them, at the said sessions in the respective counties, shall cause to be delivered a duplicate of the aforesaid lists, by the clerk of the peace of every country, to the sheriffs, or their deputies, within ten days after such session; and cause each of the said lists to be fairly entered into a book by the clerk of the peace, to be by him provided, and kept for that purpose amongst the records of the said court; and no sheriff shall impanel or return any person or persons to serve upon any grand jury, petit jury, whatsoever, in any of the said courts that shall not be named or mentioned in such list: and, to prevent a failure of justice, through the neglect of constables to make such returns of persons qualified to serve on juries, as in and by this act is directed, the clerks of the peace of the said several counties are hereby required and commanded, twenty days at least next before the month of September, yearly, and every year, to issue forth precepts or warrants, under their respective hands and seals, to the respective constables of the several towns within the said respective counties, requiring them, and every of them, to make such return of persons qualified to serve upon juries as hereby respectively directed; and every constable failing at any time to make and deliver such return to the justices in open court, as aforesaid, shall forfeit and incur the penalty of five pounds sterling to his Majesty, and his successors: to be recovered by bill, plaint, or information, to be prosecuted in any of the courts aforesaid; and, in order that the constables may be the better enabled to make complete lists of all persons qualified to serve on juries, the constables of the several towns shall have free liberty, at all seasonable times, upon request by them made to any officer or officers, who shall have in his or their custody any book or account of rates or taxes on the freeholder or inhabitants within such respective towns, to inspect the same, and take from thence the names of such persons qualified to serve on juries, dwelling within the respective, towns for which such lists are to be given in and returned pursuant to this act; and shall, in the month of September, yearly, and every year, upon two or more Sundays, fix upon the door of the church, chapel, and every other publick place of religious worship within their respective precincts, a true and exact list of all such persons intended to be returned to the said general sessions of the peace, as qualified to serve on juries, pursuant to the directions of this act; and leave at the same time a duplicate of such list with the town clerk of the said place, perused by the freeholder and inhabitants thereof, to the end that notice may be given of persons duly qualified who are omitted, or of persons inserted by mistake who ought to be omitted out of such lists; and it shall and may be lawful to and for the justices, at the general sessions of the peace to which the said lists shall be so returned, upon due proof made before them of any person or persons duly qualified to serve on juries being omitted in such lists, or of any person or persons being inserted therein who ought to have been omitted, to order his or their name or names to be inserted or struck out, as the case may require: and in case any constable shall wilfully omit, out of such list, any person or persons, whose name or names ought to be inserted, or shall wilfully insert any person or persons who ought to be omitted, every constable so offending, shall, for every person so omitted or inserted in such list, contrary to the true intent and meaning of this act, be fined by the said justices, in the said general sessions of the peace, in the sum of forty shillings sterling.

XI. Provided always, and be it enacted by the authority aforesaid, That in case default shall at any time hereafter be made, by any constable or constables, to return lists of persons qualified to serve on juries within any of the said towns to the said court of general sessions of the peace; then, and in such case, it shall be lawful for the sheriff of the county, in which such default shall be made, to summon and return to the several courts aforesaid, or any of them, such and so many persons dwelling in such towns, or the districts thereof, qualified to serve on juries, as he shall think fit to serve on juries at such respective courts; any thing herein contained to the contrary thereof in any-wise notwithstanding.

XII. And be it further enacted by the authority aforesaid, That every summons of any person, to serve upon any of the juries at the said courts, or any of them, shall be made by the sheriff, or other person, ten days at the least before the holding of every such court; and in case any jurors, so to be summoned, be absent from the usual place of his habitation at the time of such summons, notice of such summons shall be given, by leaving a note, in writing, under the hand of such sheriff, or person, containing the contents thereof, at the dwelling-house of such juror, with some person inhabiting in the same

XIII. Provided always, and be it further enacted by the authority aforesaid, That in case a sufficient number of persons qualified to serve on juries shall not appear at the said courts, or any of them, to perform the service of grand or petit jurors; that then, and in such case, it shall be lawful for the said court to issue a writ or precept to the sheriff, requiring him to summon a sufficient number of other persons qualified to serve on juries, immediately to appear at such court, to fill up and compleat the number of jurors to serve at such court; and such persons are hereby required to appear and serve as jurors at the said courts accordingly.

XIV. And be it further enacted by the authority aforesaid, That no person who shall serve as a juror, at any of the said courts, shall be liable to serve again as a juror at the same court, or any other of the courts aforesaid, for the space of three years then next following; except upon special juries.

XV. And, in order that sheriffs may be informed of the persons who have served as jurors, it is hereby further enacted by the authority, aforesaid, that every sheriff shall prepare and keep a book, or register, wherein. the names of all such persons who have served as jurors, with their additions and places of abode, and the times when, and the courts in which they served, shall be alphabetically entered and registered; which books or registers shall, from time to time, be delivered over to the succeeding sheriff of the said county; within ten days after he shall enter upon his office; and every juror, who shall attend and serve at any of the courts aforesaid, may at the expiration of the time of holding every such court, upon, application to the sheriff, or his deputy, have a certificate immediately, gratis, from the sheriff, or his deputy, testifying such his attendance and service; which said certificate the said sheriff, or his deputy, is required to give to every such juror.

XVI. And be it further enacted by the authority aforesaid, That if, by reason of challenges, or otherwise, there shall not be a sufficient number of jurors for the trial of any prosecution for any misdemeanour, or any action depending in any of the said courts; then, and in such case, the jury shall be filled up de Talibus Circumstantibus, to be returned by the sheriff, unless he be a party, or interested or related to any party or person interested in such prosecution or action; and, in any of which cases, to be returned by the coroner, unless he be a party, or interested or related to any party or person interested in such prosecution or action; and, in any of these cases, to be returned by a proper and indifferent person, to be appointed by the court for that purpose.

XVII. And be it further enacted by the authority aforesaid, That in case any person summoned to serve upon the grand or petit jury, at any of the courts aforesaid, or upon the jury in any prosecution, action, or suit, depending in any of the said courts, shall not appear and serve at the said courts, according to the said summons, (not having any reasonable excuse to be allowed by the judges or justices at such court), he shall be fined by the judges or justices of such court in any sum not exceeding the sum of ten pounds, nor less than twenty shillings sterling.

XVIII. And be it further enacted by the authority aforesaid, That every sheriff, or other officer, to whom the Venire Facias, or other process or warrant, for the trial of causes, or summoning of juries, shall be directed, shall, upon his return of every such writ, or other process or warrant, (unless in cases where a special jury shall be struck by order or rule of court, pursuant to this act), annex a pannel to the said writ, or process, or warrant, containing the christian and surnames, additions, and places of abode, of a competent number of jurors, named in such lists, which number of jurors shall not be less than twenty-four, nor more than forty-eight, without direction of the judges or justices of such court or session, or one of them, who are hereby respectively impowered and required, if he or they see cause, by order, under his or their respective hand or hands, to direct a greater number; and then such number as shall be so directed shall be the number to be returned to serve on such jury.

XIX. And be it further enacted by the authority aforesaid, That for the trials of all actions or suits depending in any of the said courts, the name of each and every person who shall be summoned and returned as aforesaid, with his addition, and the place of his abode, shall be written in several and distinct pieces of parchment, or paper, being all as near as may be of equal size and bigness. and shall be delivered unto the officer to be appointed by the court for that purpose, by the sheriff, under sheriff, or some agent of his; and shall, by direction and care of such officer, be rolled up all as near as may be, in the same manner, and put together in a box or glass to be provided for that purpose; and when any cause shall be brought on to be tried, some indifferent person, by direction of the court, may and shall, in open court, draw out twelve of the said parchments or paper, one after another; and if any of the persons, whose names shall be so drawn, shall not appear, or shall be challenged, and such challenge allowed, then such person shall proceed to draw other parchments or papers from the said box, till twelve indifferent persons shall be drawn; which twelve indifferent persons being sworn shall be the jury to try the said cause: and the names of the persons so drawn and sworn shall be kept apart by themselves in some other box or glass, to be kept, for that purpose, till such jury shall have given in their verdict and the same is recorded, or until such jury shall, by consent of the parties, or leave of the court, be discharged; and then the same names shall be rolled up again, and returned to the former box or glass, there to be kept, with the other names remaining at that time undrawn, and so toties quoties, as long as any cause remains then to be tried.

XX. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the superior court of assize, and court of common pleas upon motion made on behalf of his Majesty, his heirs or successors, or on the motion of any prosecutor or defendant, in any indictment or information for any misdemeanor depending, or to be brought or prosecuted in the said court, or on the motion of any plaintiff or plaintiffs, defendant or defendants, in any action, cause, or suit whatsoever, depending, or to be brought and carried on in the said court, and the said court, is hereby authorized and required, upon motion as aforesaid, in any of the cases before mentioned, to order and appoint a jury to be struck for the trial of any issue joined in any of the said cases, and triable by a jury of twelve men, by such officer of the said court as the court shall appoint; and for that purpose the sheriff, or his deputy, shall attend such officer with the duplicate of the lists of persons qualified to serve on juries; and such officer shall thereupon take down, in writing, from the said duplicate, the names of forty-eight persons qualified to serve on juries, with their additions, and places of abode, a copy whereof shall forthwith be delivered to the prosecutors or plaintiffs, their attornies or agents, and another copy thereof to the defendants, their attornies or agents, in such prosecutions and causes; and the said officer of the court aforesaid shall, at a time to be fixed by him for that purpose, strike out the names of twelve of the said persons, at the nomination of the prosecutors or plaintiffs, their attornies or agents, and also the names of twelve others of the said persons, at the nomination of the said defendants in such prosecutions and suits; and the twenty-four remaining persons shall be struck and summoned, and returned to the said court as jurors, for the trial of such issues.

XXI. Provided always, That in case the prosecutors or plaintiffs, or defendants, their attornies or agents, shall neglect or refuse to attend the officer at the time fixed for striking the names of twenty-four persons as aforesaid, or nominate the persons to struck out; then, and in such case, the said officer shall, and he is hereby required to strike out the names of such number of the said persons as such prosecutors or plaintiffs, or defendants, might have nominated to be struck out.

XXII. And be it further enacted, That the person or party who shall apply for such special jury as aforesaid, shall not only bear and pay the fees for striking such jury, but shall also pay and discharge all the expences occasioned by the trial of the cause by such special jury, and shall not have any further or other allowance for the same, upon taxation of costs, than such person or party would be intitled unto in case the cause had been tried by a common jury, unless the judge, before whom the cause is tried, shall, immediately after the trial, certify, in open court, under his hand, upon the back of the record, that the same was a cause proper to be tried by a special jury.

XXIII. And be it further enacted by the authority aforesaid, That, in all actions brought in any of the said courts, where it shall appear to the court in which such actions are depending, that it will be proper and necessary that the jurors who are to try the issues in any such actions, should have the view of the messuages, lands, or place in question, in order to their better understanding the evidence that will be given upon the trial of such issues; in every such case the respective courts in which such actions shall be depending may order the jury to the place in question, who then and there shall have the matters in question shewn them by two persons to be appointed by the court; and the special costs of all such views as allowed by the court, shall, before the trial, be paid by the party who moved for the view, (the adverse party not consenting thereto); and shall, at the taxation of the bill of costs, have the same allowed him, upon his recovering judgement in such trial; and upon all views with the consent of parties, ordered by the court, the costs thereof, as allowed by the court, shall, before trial, be equally paid by the said parties; and in the taxation of the bill of costs, the party recovering judgement shall have the sum by him paid allowed to him; any law, usage, or custom, to the contrary notwithstanding.

XXIV. And be it further enacted by the authority aforesaid, That if any action shall be brought against any sheriff, for what he shall do in execution, or by virtue of this act, he may plead the general issue, and give the special matter in evidence; and if a verdict shall be found for him, he shall recover treble costs.

ADMINISTRATION OF JUSTICE ACT

May 20, 1774

An act for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachuset’s Bay, in New England.

WHEREAS in his Majesty’s province of Massachuset’s Bay, in New England, an attempt hath lately been made to throw off the authority of the parliament of Great Britain over the said province, and an actual and avowed resistance, by open force, to the execution of certain acts of parliament, hath been suffered to take place, uncontrouled and unpunished, in defiance of his Majesty’s authority, and to the subversion of all lawful government whereas, in the present disordered state of the said province, it is of the utmost importance to the general welfare thereof, and to the re-establishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty’s subjects aiding and assisting them therein, or in the suppression of riots and tumults, raised in opposition to the execution of the laws and statutes of this realm, should be discouraged from the proper discharge of their duty, by an apprehension, that in case of their being questioned for any acts done therein, they may be liable to be brought to trial for the same before persons who do not acknowledge the validity of the laws, in the execution thereof, or the authority of the magistrate in the support of whom, such acts had been done: in order therefore to remove every such discouragement from the minds of his Majesty’s subjects, and to induce them, upon all proper occasions, to exert themselves in support of the public peace of the provinces, and of the authority of the King and parliament of Great Britain over the same; be it enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That if any inquisition or indictment shall be found, or if any appeal shall be sued or preferred against any person, for murder, or other capital offence, in the province of the Massachuset’s Bay, and it shall appear, by information given upon oath to the governor, or, in his absence, to the lieutenant-governor of the said province, that the fact was committed by the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, either in the execution of his duty as a magistrate, for the suppression of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid: and if it shall also appear, to the satisfaction of the said governor, or lieutenant-governor respectively, that an indifferent trial cannot be had within the said province, in that case, it shall and may be lawful for the governor, or lieutenant-governor, to direct, with the advice and consent of the council, that the inquisition, indictment, or appeal, shall be tried in some other of his Majesty’s colonies, or in Great Britain; and for that purpose, to order. the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, to be sent, under sufficient custody, to the place appointed for his trial, or to admit such person to bail, taking a recognizance, (which the said governor, or, in his absence, the lieutenant-governor, is hereby authorised to take), from such person, with sufficient sureries, to be approved of by the said governor, or, in his absence, the lieutenant-governor, in such sums of money as the said governor or, in his absence, the lieutenant-governor, shall deem reasonable for the personal appearance of such person, if the trial shall be appointed to be had in any other colony, before the governor, or lieutenant-governor, or commander in chief of such colony; and if the trial shall be appointed to be had in Great Britain, then before his Majesty’s court of King’s Bench, at a time to be mentioned in such recognizances; and the governor, or lieutenant-governor, or commander in chief of the colony where such trial shall be appointed to be had, or court of King’s Bench, where the trial is appointed to be had in Great Britain, upon the appearance of such person, according to such recognizance, or in custody, shall either commit such person, or admit him to bail, until such trial; and which the said governor, or lieutenant-governor, or commander in chief, and court of King’s Bench, are hereby authorised and impowered to do.

II. And, to prevent a failure of justice, from the want of evidence on the trial of any such inquisition, indictment or appeal, be it further enacted, That the governor, or, in his absence, the lieutenant-governor, shall, and he is hereby authorised and required, to bind in recognizances to his Majesty all such witnesses as the prosecutor or person against whom such inquisition or indictment shall be found, or appeal sued or preferred, shall desire to attend the trial of the said inquisition, indictment, or appeal, for their personal appearance, at the time and place of such trial, to give evidence: and the said governor, or in his absence, the lieutenant-governor, shall thereupon appoint a reasonable sum to be allowed for the expences of every such witness, and shall thereupon give to each witness a certificate, in writing, under his hand and seal, that such witness has entered into a recognizance to give evidence, and specifying the sum allowed for his expenses and the collector and collectors of the customs, or one of them, within the said province, upon the delivery of such certificate, are, and is hereby authorised and required, forthwith to pay to such witness the sum specified therein for his expences.

III. And be it further enacted by the authority aforesaid, That all prosecutors and witnesses, who shall be under recognizances to appear in any of his Majesty’s colonies in America, or in Great Britain, in pursuance of this art, shall be free from all arrests and restraints, in any action or suit to be commenced against them during their going to such colony, or coming to Great Britain, and their necessary stay and abiding there, on occasion of such prosecution, and returning again to the said province of the Massachusset’s Bay.

IV. And be it further enacted by the authority aforesaid, That all and every his Majesty’s, justices of the peace, and other justices and coroners, before whom any person shall be brought, charged with murder, or other capital crime, where it shall appear by proof, on oath, to such justices or coroners, that the fact was committed by such person, either in the execution of his duty as a magistrate, for the suppression of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid, are hereby authorized and required to admit every such person to brought before him or them, as aforesaid, to bail; any law, custom, or usage, to the contrary thereof in any-wise notwithstanding.

V. And be it further enacted by the authority aforesaid, That where it shall be made appear to the judges or justices of any court, within the said province of Massachuset’s Bay, by any person, against whom any inquisition or indictment shall be found, or appeal sued or preferred for murder, or other capital crime, that the fact was committed by such person, either in the execution of his duty as a magistrate, for the suppression of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid, and that he intends to make application to the governor, or lieutenant-governor of the said province, that such inquisition, indictment, or appeal, may be tried in some other of his Majesty’s colonies, or in Great Britain, the said judges or justices are hereby authorised and required to adjourn or postpone the trial of such inquisition, indictment, or appeal, for a reasonable time, and admit the person to bail, in order that he may make application to the governor, or lieutenant-governor, for the purpose aforesaid.

V1. And be it further enacted, That the governor, or, in his absence, the lieutenant governor, if he shall direct the trial to be had in any other of his Majesty’s colonies, shall transmit the inquisition, indictment, or appeal, together with recognizances of the witnesses, and other recognizances, under the seal of the province, to the governor, or lieutenant-governor, or commander in chief of such other colony, who shall immediately issue a commission of Oyer and Terminer, and deliver, or cause to be delivered, the said inquisition, indictment, or appeal, with the said recognizances to the chief justice, and such other persons as have usually been commissioners of Oyer and Terminer, justices of assize, or general gaol delivery there; who shall have power to proceed upon the said inquisition, indictment, or appeal, as if the same had been returned, found, or preferred before them; and the trial shall thereupon proceed in like manner, to all intents and purposes, as if the offence had been committed in such place: and in case the governor, or, in his absence the lieutenant-governor, shall direct the trial to be had in Great Britain, he shall then transmit the inquisition, indictment or appeal; together with the recognizances, of the witnesses, and other recognizances, under the seal of the province to one of Majesty’s principal secretaries of state, who shall deliver, or cause to be delivered, the same, to the master of the crown office to be filed of record in the court of King’s Bench, and the inquisition, indictment, or appeal, shall be tried and proceeded upon, in the next term, or at such other time as the court shall appoint, at the bar of the court of King’s Bench, in like manner to all intents and purposes, as if the offence had been committed in the county of Middlesex, or in any other county of that part of Great Britain called England, where the court of King’s Bench shall fit, or else before such commissioners, and in such county, in that part of Great Britain called England, as shall be assigned by the King’s majesty’s commission, in like manner and form to all intents and purposes, as if such offence had been committed in the same county where such inquisition, indictment, or appeal, shall be so tried.

VII. And be it enacted by the authority aforesaid, That in case, on account of any error or defect in any indictment, which, in virtue or under the authority of this act, shall be transmitted to any other colony, or to Great Britain, the same shall be quashed, or judgement thereon arrested, or such indictment adjudged bad upon demurrer, it shall and may be lawful to prefer a new indictment or indictments against the person or persons accused in the said colony, to which such indictment, so quashed or adjudged bad shall have been transmitted, or before the grand jury of any county in Great Britain, in case such former indictment shall have been transmitted to Great Britain, in the same manner as could be done in case the party accused should return to the place where the offence was committed; and the grand jury and petty jury of such other colony or county in Great Britain shall have power to find and proceed upon such indictment or indictments, in the same manner as if the offence, by such indictment or indictments charged, had been committed within the limits of the colony or county for which such juries shall respectively be impanelled to serve.

VIII. And be it further enacted by the authority aforesaid, That this act, and every clause, provision, regulation, and thing, herein contained, shall commence and take effect upon the first day of June, one thousand seven hundred and seventy-four; and be, and continue in force, for and during the term of three years.

QUARTERING ACT OF 1774

June 2, 1774

An act for the better providing suitable quarters for officers and soldiers in his Majesty’s service in North America.

WHEREAS doubts have been entertained, whether troops can be quartered otherwise than in barracks, in case barracks have been provided sufficient for the quartering of all officers and soldiers within any town, township, city, district, or place, within his Majesty’s dominions in North America: And whereas it may frequently happen, from the situation of such barracks, that, if troops should be quartered therein, they would not be stationed where their presence may be necessary and required: be it therefore enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That, in such cases, it shall and may be lawful for the persons who now are, or may be hereafter, authorised be law, in any of the provinces within his Majesty’s dominions in North America, and they are hereby respectively authorised, impowered, and directed, on the requisition of the officer who, for the time being, has the command of his Majesty’s forces in North America, to cause any officers or soldiers in his Majesty’s service to be quartered and billetted in such manner as is now directed by law, where no barracks are provided by the colonies.

II. And be it further enacted by the authority aforesaid, That if it shall happen at any time that any officers or soldiers in his Majesty’s service shall remain within any of the said colonies without quarters, for the space of twenty-four hours after such quarters shall have been demanded, it shall and may be lawful for the governor of the province to order and direct such and so many uninhabited houses, out-houses, barns, or other buildings, as he shall think necessary to be taken, (making a reasonable allowance for the same), and make fit for the reception of such officers and soldiers, and to put and quarter such officers and soldiers therein, for such time as he shall think proper.

III. And be it further enacted by the authority aforesaid, That this act, and every thing herein contained, shall continue and be in force, in all his Majesty’s dominions in North America, until the twenty-fourth day of March, one thousand seven hundred and seventy-six.

QUEBEC ACT

June 22, 1774

An Act for making more effectual Provision for the Government of the Province ofQuebecinNorth America.

Whereas His Majesty, by His Royal Proclamation, bearing Date the Seventh Day ofOctober, in the Third Year of His Reign, thought fit to declare the Provisions which had been made in respect to certain Countries, Territories, and Islands inAmerica, ceded to His Majesty by the definitive Treaty of Peace, Concluded atParison the Tenth Day ofFebruary, One thousand seven hundred and sixty-three: And whereas, by the Arrangements made by the said Royal Proclamation, a very large Extent of Country, within which there were several Colonies and Settlements of the Subjects ofFrance, who claimed to remain therein under the Faith of the said Treaty, was left, without any Provision being made for the Administration of Civil Government therein; and certain Parts of the Territory ofCanada, where sedentary Fisheries had been established and carried on by the Subjects ofFrance, Inhabitants of the said Province ofCanada, Under Grants and Concessions from the Government thereof, were annexed to the Government ofNewfoundland, and thereby subjected to regulations inconsistent with the Nature of such Fisheries: May it therefore please Your most Excellent Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all the Territories, Islands, and Countries inNorth America, belonging to the Crown ofGreat Britain, bounded on the South by a Line from the Bay ofChaleurs, along the High Lands which divide the Rivers that empty themselves into the RiverSaint Lawrencefrom those which fall into the Sea, to a Point in Forty-five Degrees of Northern Latitude, on the Eastern Bank of the RiverConnecticut, until, in the same Latitude, it meets the RiverSaint Lawrence; from thence up the Eastern Bank of the said River to the LakeOntario; thence through the LakeOntario, and the River commonly calledNiagara; and thence along by the Eastern and South-eastern Bank of LakeErie, following the said Bank, until the same shall be intersected by the Northern Boundary, granted by the Charter of the Province ofPennsylvania, in case the same shall be so intersected; and from thence along the the said Northern and Western Boundaries of the said Province, until the said Western Boundary strike theOhio: But in case the said Bank of the said Lake shall not be found to be so intersected, then following the said Bank until it shall arrive at that Point of the said Bank which shall be nearest to the North-western Angle of the said Province ofPennsylvania, and thence, by a right Line, to the said North-western Angle of the said Province; and thence along the Western Boundary of the said Province, until it strike the RiverOhio; and along the Bank of the said River, Westward, to the Banks of theMississippi, and Northward to the Southern Boundary of the Territory granted to the Merchants Adventurers ofEngland, trading toHudson’s Bay; and also all such Territories, Islands, and Countries, which have, since the Tenth ofFebruary, One thousand seven hundred and sixty-three, been made Part of the Government ofNewfoundland, be, and they are hereby, during His Majesty’s Pleasure, annexed to, and made Part and Parcel of, the Province ofQuebec, as created and established by the said Royal Proclamation of the Seventh ofOctober, One thousand seven hundred and sixty-three.

Provided always, That nothing herein contained, relative to the Boundary of the Province ofQuebec, shall in anywise affect the Boundaries of any other Colony.

Provided always, and be it enacted, That nothing in this Act contained shall extend, or be construed to extend, to make void, or to vary or alter any Right, Title, or Possession, derived under any Grant, Conveyance, or otherwise howsoever, of or to any Lands within the said Province, or the Provinces thereto adjoining; but that the same shall remain and be in Force, and have Effect, as if this Act had never been made.

And Whereas the Provisions, made by the said Proclamation, in respect to the Civil Government of the said Province ofQuebec, and the Powers and Authorities given to the Governor and other Civil Officers of the said Province, by the Grants and Commissions issued in consequence thereof, have been found, upon Experience, to be inapplicable to the State and Circumstances of the said Province, the Inhabitants whereof amounted, at the Conquest, to above Sixty-five thousand Persons professing the Religion of the Church ofRome, and enjoying an established Form of Constitution and System of Laws, by which their Persons and Property had been protected, governed, and ordered, for a long Series of Years, from the First Establishment of the said Province ofCanada; be it therefore further enacted by the Authority aforesaid, That the said Proclamation, so far as the same relates to the said Province ofQuebec, and the Commission under the Authority whereof the Government of the said Province is at present administered, and all and every the Ordinance and Ordinances made by the Governor and Council ofQuebecfor the Time being, relative to the Civil Government and Administration of Justice in the said Province, and all Commissions to Judges and other Officers thereof, be, and the same are hereby revoked, annulled, and made void, from and after the First Day ofMay, One thousand seven hundred and seventy-five.

And, for the more perfect Security and Ease of the Minds of the Inhabitants of the said Province, it is hereby declared, That His Majesty’s Subjects, professing the Religion of the Church ofRomeof and in the said Province ofQuebec, may have, hold, and enjoy, the free Exercise of the Religion of the Church ofRome, subject to the king’s Supremacy, declared and established by an Act, made in the First Year of the Reign of QueenElizabeth, over all the Dominions and Countries which then did, or there-after should belong, the Imperial Crown of this Realm; and that the Clergy of the said Church may hold, receive, and enjoy, their accustomed Dues and Rights, with respect to such persons only as shall profess the said Religion.

Provided nevertheless, That it shall be lawful for His Majesty, His Heirs or Successors, to make such Provision out of the rest of the said accustomed Dues and Rights, for the Encouragement of the Protestant Religion, and for the Maintenance and Support of a Protestant Clergy within the said Province, as he or they shall, from Time to Time, think necessary and expedient.

Provided always, and be it enacted, That no Person, professing the Religion of the Church ofRome, and residing in the said Province, shall be obliged to take the Oath required by the said Statute passed in the First Year of the Reign of QueenElizabeth, or any other Oaths substituted by any other Act in the Place thereof; but that every such Person who, by the said Statute is required to take the Oath therein mentioned, shall be obliged, and is hereby required, to take and subscribe the following Oath before the Governor, or such other Person in such Court of Record as His Majesty shall appoint, who are hereby authorized to administer the same;videlicet,

I A. B.do sincerely promise and swear, That I Will be faithful, and bear true Allegiance to His Majesty KingGEORGE,and him will defend to the utmost of my Power, against all traiterous Conspiracies, and Attempts whatsoever, which shall be made against His Person, Crown, and Dignity; and I will do my utmost Endeavour to disclose and make known to His Majesty, His Heirs and Successors, all Treasons, and traiterous Conspiracies, and Attempts, which I shall know to be against Him, or any of Them; and all this I do swear without any Equivocation, mental Evasion, or secret Reservation, and renouncing all Pardons and Dispensations from any Power or Person whomsoever to the Contrary.

So HELP ME GOD.

And every such Person, who shall neglect or refuse to take the said Oath before mentioned, shall incur and be liable to the same Penalties, Forfeitures, Disabilities, and Incapacities, as he would have incurred and been liable to for neglecting or refusing to take the Oath required by the said Statute passed in the First Year of the Reign of QueenElizabeth.

And be it further enacted by the Authority aforesaid, That all His Majesty’sCanadianSubjects, within the Province ofQuebec, the religious Orders and Communities only excepted, may also hold and enjoy their Property and Possessions, together with all Customs and Usages relative thereto, and all other their Civil Rights, in as large, ample, and beneficial Manner, as if the said Proclamation, Commissions, Ordinances, and other Acts and Instruments, had not been made, and as may consist with their Allegiance to His Majesty, and Subjection to the Crown and Parliament ofGreat Britain; and that in all Matters of Controversy, relative to Property and Civil Rights, Resort shall be had to the Laws ofCanada, as the Rule for the Decision of the same; and all Causes that shall hereafter be instituted in any of the Courts of Justice, to be appointed within and for the said Province, by His Majesty, His Heirs and Successors, shall, with respect to such Property and Rights, be determined agreeably to the said Laws and Customs ofCanada, until they shall be varied or altered by any Ordinances that shall, from Time to Time, be passed in the said Province by the Governor, Lieutenant Governor, or Commander in Chief, for the Time being, by and with the Advice and Consent of the Legislative Council of the same, to be appointed in Manner herein-after mentioned.

Provided always, That nothing in this Act contained shall extend, or be construed to extend, to any Lands that have been granted by His Majesty, or shall hereafter be granted by His Majesty, His Heirs and Successors, to be holden in free and common Soccage.

Provided also, That it shall and may be lawful to and for every Person that is Owner of any Lands, Goods, or Credits, in the said Province, and that has a Right to alienate the said Lands, Goods, or Credits, in his or her Life-time, by Deed of Sale, Gift, or otherwise, to devise or bequeath the same at his or her Death, by his or her last Will and Testament; any Law, Usage, or Custom, heretofore or now prevailing in the Province, to the Contrary hereof in any-wise notwithstanding; such Will being executed, either according to the Laws of Canada, or according to the Forms prescribed by the Laws ofEngland.

And Whereas the Certainty and Lenity of the Criminal Law ofEngland, and the Benefits and Advantages resulting from the Use of it, have been sensibly felt by the Inhabitants, from an Experience of more than Nine Years, during which it has been uniformly administered; be it therefore further enacted by the Authority aforesaid, That the same shall continue to be administered, and shall be observed as Law in the Province ofQuebec, as well in the Description and Quality of the Offence as in the Method of Prosecution and Trial; and the Punishments and Forfeitures thereby inflicted to the Exclusion of every other Rule of Criminal Law, or Mode of Proceeding thereon, which did or might prevail in the said Province before the Year of our Lord One thousand seven hundred and sixty-four; any Thing in this Act to the Contrary thereof in any Respect notwithstanding; subject nevertheless to such Alterations and Amendments as the Governor, Lieutenant-governor, or Commander in Chief for the Time being, by and with the Advice and Consent of the legislative Council of the said Province, hereafter to be appointed, shall, from Time to Time, cause to be made therein, in Manner herein-after directed.

And Whereas it may be necessary to ordain many Regulations for the future Welfare and good Government of the Province ofQuebec, the Occasions of which cannot now be foreseen, nor, without much Delay and Inconvenience, be provided for, without intrusting that Authority, for a certain Time, and under proper Restrictions, to Persons resident there: And whereas it is at present inexpedient to call an Assembly; be it therefore enacted by the Authority aforesaid, That it shall and may be lawful for His Majesty, His Heirs and Successors, by Warrant under His or Their Signet or Sign Manual, and with the Advice of the Privy Council, to constitute and appoint a Council for the Affairs of the Province ofQuebec, to consist of such Persons resident there, not exceeding Twenty-three, nor less than Seven-teen, as His Majesty, His Heirs and Successors, shall be pleased to appoint; and, upon the Death, Removal, or Absence of any of the Members of the said Council, in like Manner to constitute and appoint such and so many other Person or Persons as shall be necessary to supply the Vacancy or Vacancies; which Council, so appointed and nominated, or the major Part thereof, shall have Power and Authority to make Ordinances for the Peace, Welfare, and good Government, of the said Province, with the Consent of His Majesty’s Governor, or, in his Absence, of the Lieutenant-governor, or Commander in Chief for the Time being.

Provided always, That nothing in this Act contained shall extend to authorise or impower the said legislative Council to lay any Taxes or Duties within the said Province, such Rates and Taxes only excepted as the Inhabitants of any Town or District within the said Province may be authorised by the said Council to assess, levy, and apply, within the said Town or District, for the Purpose of making Roads, erecting and repairing publick Buildings, or for any other Purpose respecting the local Convenience and Oeconomy of such Town or District.

Provided also, and be it enacted by the Authority aforesaid, That every Ordinance so to be made, shall, within Six Months, be transmitted by the Governor, or, in his Absence, by the Lieutenant-governor, or Commander in Chief for the Time being, and laid before His Majesty for His Royal Approbation; and if His Majesty shall think fit to disallow thereof, the same shall cease and be void from the Time that His Majesty’s Order in Council thereupon shall be promulgated atQuebec.

Provided also, That no Ordinance touching Religion, or by which any Punishment may be inflicted greater than Fine or Imprisonment for Three Months, shall be of any Force or Effect, until the same shall have received His Majesty’s Approbation.

Provided also, That no Ordinance shall be passed at any Meeting of the Council where less than a Majority of the whole Council is present, or at any Time except between the First Day ofJanuaryand the First Day ofMay, unless upon some urgent Occasion, in which Case every Member thereof resident atQuebec, or within Fifty Miles thereof, shall be personally summoned by the Governor, or, in his Absence, by the Lieutenant-governor, or Commander in Chief for the Time being, to attend the same.

And be it further enacted by the Authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to prevent or hinder His Majesty, His Heirs and Successors, by His or Their Letters Patent under the Great Seal ofGreat Britainfrom erecting, constituting, and appointing, such Courts of Criminal, Civil, and Ecclesiastical Jurisdiction within and for the said Province ofQuebec, and appointing, from Time to Time, the Judges and Officers thereof, as His Majesty, His Heirs and Successors, shall think necessary and proper for the Circumstances of the said Province.

Provided always, and it is hereby enacted, That nothing in this Act contained shall extend, or be construed to extend, to repeal or make void, within the said Province ofQuebec, any Act or Acts of the Parliament ofGreat Britainheretofore made, for prohibiting, restraining, or regulating, the Trade or Commerce of His Majesty’s Colonies and Plantations inAmerica; but that all and every the said Acts, and also all Acts of Parliament heretofore made concerning or respecting the said Colonies and Plantations, shall be, and are hereby declared to be, in Force, within the said Province ofQuebec, and every Part thereof.

Finis.

Intolerable Acts

INTOLERABLE ACT TEXT

What are the Intolerable Acts of 1774?

The Intolerable Acts of 1774 were a set of punitive measures enforced by the British Parliament in response to colonial belligerence regarding taxation. The outrage over these acts turned popular opinion against the British in the American Colonies and inspired some of the key provisions against the abuse of power in the US Constitution.

What was the precursor to the Intolerable Acts?

The British government bore the costs of defending the American colonies during the French and Indian War. To recoup the losses sustained by the British government, Parliament passed a number of measures to tax the colonists. These included import taxes by way of the Stamp Act, the Sugar Act, and the punitive Townshend Acts. The establishment of taxes for pure revenue purposes outraged colonists and quickly led to the Boston Tea Party tax revolt.

What acts comprised the Intolerable Acts of 1774?

The Boston Port Act was a direct response to the Boston Tea Party and closed Boston Harbor until the value tea destroyed in the protest was returned to the British East India Company. The tea had been destroyed due to anger over arbitrary taxation as the East India Company was excused of taxes to stave off bankruptcy that had the added effect of making the company’s tea cheaper than colonial tea.

The closure of the port triggered outrage as it constituted collective punishment for the actions of the protestors. The port was closed without due process and without regard for the residents of Boston. This parliamentary action led to sympathy from other colonies, a precursor to the United States and the First Continental Congress.

The Massachusetts Government Act ended free and fair elections in Massachusetts and placed the colonies under the direct control of the British monarch. The executive council, previously elected by the citizens was now appointed by the King and most municipal officers were now appointed by the royal governor. This act also abridged the freedom of assembly for Massachusetts residents by ending town meetings.

The Administration of Justice Act was another part of the Intolerable Acts that allowed the royal governor to move other royal officials accused of crimes outside the jurisdiction of that colony to another colony or possibly Great Britain itself. This allowed officials to in effect, escape their crimes by finding a sympathetic jurisdiction. This ability to request a change of venue showed the mistrust of colonial juries and deprived colonial subjects of the right to representation granted to other British citizens. The witnesses and accusers had the right to travel to the jurisdiction and recoup traveling expenses, but it was often unfeasible for the colonists to travel great distances. Additionally, the jurisdiction’s court would not have a favorable opinion of his or her testimony.

The Quartering Act provided more outrage as it forced colonists to provide food and shelter, at their expense, for members of the British military. This was not the first Quartering act as the British military had tried to coerce the colonies to help pay for their defense during the French and Indian War. Noncompliance had caused the suspension of the legislature and governor of New York until they complied with the quartering order.

The quartering of troops, however objectionable was common practice for armies of the time and even the Continental Army quartered troops in private homes. The US Constitution’s distinct prohibition on the quartering of troops is a direct response to this practice.

Additionally, the Quebec Act is sometimes counted as part of these acts due to its timing and perceived punishment of the colonists by granted French-Canadian Catholics greater land to the west of the thirteen colonies and greater local autonomy at the detriment of the American colonies. Quebec did not have local representation so this relationship represented a stronger master-subject relationship that made small allowances for local decisions. This relationship was a threat to colonial representative democracy as there were fears that the British would attempt a similar model in the colonies, as they had abridged the rights of Massachusetts to representative democracy. This act was also seen a violation of several colonies’ charters which had promised them all the land west of their colony, from “sea to sea.”

Legacy of the Intolerable Acts

The Intolerable Acts sparked outrage across the thirteen colonies and increased sympathy for the anti-Parliament movement that sought to break from the British crown. The outraged spurred the colonies to cooperate and form a unified body to oppose the Intolerable Acts. The unified body, the Continental Congress, would later become the rebel government and organize the colonial militia against the British Army.

Such was the outrage provoked by the Intolerable Acts that direct protections against similar measures are expressly forbidden in the US Constitution. The second amendment, for example, provides for a militia in lieu of a standing army for fear of the costs of maintaining such an army would shift to ordinary Americans. The Third Amendment maintains a direct prohibition of quartering troops in private residences. The Third Amendment has been violated once and the federal courts ruled against the state government of New York for this violation.

Article Five of the Bill of Rights protects the right of due process for those accused of a crime. This is a legacy of outrage due to the closing of the Boston harbor, which deprived those residents of their liberty and rights as British subjects. There are a number of protections that prevent judicial abuse and the rights of the defendant in court. These protections were to protect against actions such as the ones undertaken with the auspices of the Administration of Justice Act that effectively removed the right of the accused and the accuser to a trial of their peers where the crime was committed. Property too, cannot be taken from private citizens without adequate compensation.

The severity of the Intolerable Acts decimated support for a constitutional monarchy and the British model in the US, leading to greater efforts at a pure, representative democracy that preserves the state’s rights but maintains a unified federal government. Indeed the Intolerable Acts and it’s overly punitive measures that affected ordinary civilians showed the potential for abuse in a non-representative republic with no meaningful checks on other branches of government. The structure and nature of the US Constitution is a direct reflection of the issues that arose over the Intolerant Acts.

Neutrality Act Text

Introduction

The Neutrality Act of 1939 was a cornerstone of American foreign policy, designed to keep the United States out of the escalating conflict in Europe leading up to World War II. This landmark legislation was the culmination of years of debate and political wrangling over America’s role in intervening in foreign conflicts. In this article, we will explore the text of the Neutrality Act of 1939, its significance, and its impact on American foreign policy.

Background

The Neutrality Act of 1939 was not the first neutrality legislation passed by Congress. The United States had enacted a series of neutrality acts during the 1930s in response to the rising tensions in Europe and Asia, each restricting American involvement in foreign conflicts. However, the Neutrality Act of 1939 was the most comprehensive and far-reaching of these laws.

Text of the Neutrality Act of 1939

The Neutrality Act of 1939 contains several key provisions, which are outlined in the text of the law. The first section of the law establishes the principle of “cash-and-carry” trade, which allowed belligerent nations to purchase American goods, as long as they paid in cash and transported them using their own ships.

“The prohibition of export of arms, ammunition, and implements of war and the prohibition of the transportation of materials for the manufacture of war munitions to belligerent countries have proved ineffectual. This fact and the spread of the war in Europe require a revision of the policy theretofore followed by the United States for the purpose of assuring the peace and security of the United States and the world and the maintenance of international order in accordance with American principles and interests.” (Neutrality Act of 1939, Section 1).

The second section of the law established an arms embargo, prohibiting the export of arms, ammunition, and implements of war to belligerent nations. This provision was designed to prevent American involvement in foreign conflicts by limiting the supply of weapons to warring nations.

“No arms, ammunition, or implements of war shall be exported from the United States to any nation engaged in war except as follows:

(a) The President may, from time to time, by proclamation, declare that the prohibition of the export of arms, ammunition, or implements of war will apply to any country when he shall find that conditions exist which in his judgment necessitate such action in the interest of the United States.” (Neutrality Act of 1939, Section 2).

The third section of the law established a distinction between aggressor nations and victim nations, allowing the United States to provide military aid to nations under attack, but not to nations that initiated hostilities.

“No assistance shall be rendered by the United States to any belligerent involved in a conflict outside of the American hemisphere unless and until the President, by proclamation, shall order such assistance because of emergency.” (Neutrality Act of 1939, Section 3).

Significance of the Neutrality Act of 1939

The Neutrality Act of 1939 was a pivotal moment in American foreign policy. The law was designed to keep the United States out of the escalating conflict in Europe and Asia by limiting American involvement in foreign conflicts. The “cash-and-carry” provision allowed the United States to continue trading with belligerent nations, but only on a commercial basis, without providing military aid or assistance.

The arms embargo provision of the law was significant in that it reflected growing isolationist sentiment among the American public and Congress. There was a widespread belief that the United States had been dragged into World War I by arms manufacturers and bankers, and that the U.S. should not repeat that mistake by sending weapons to foreign nations.

The distinction between aggressor and victim nations in the law was also significant, as it allowed the United States to provide military aid to nations that were under attack without getting involved in conflicts in which it had no stake. This provision was designed to ensure that the United States would not be drawn into conflicts that did not threaten its national security.

Impact of the Neutrality Act of 1939

The Neutrality Act of 1939 had a significant impact on American foreign policy and the events leading up to World War II. The “cash-and-carry” provision of the law allowed the United States to continue trading with belligerent nations, including Germany, which was able to purchase American oil and other critical supplies through intermediaries.

However, the arms embargo provision of the law meant that the United States was unable to provide military aid to nations under attack, including Great Britain and France, which were struggling to resist Nazi aggression in Europe. This limited American leverage in the escalating conflict, and made it difficult for the United States to shape the outcome of the war.

The distinction between aggressor and victim nations also had unintended consequences, as it encouraged nations such as Germany and Japan to launch surprise attacks on the United States in order to provoke a response. This was evident in the Japanese attack on Pearl Harbor in December 1941, which led the United States to declare war on Japan and enter World War II.

Conclusion

The Neutrality Act of 1939 was a significant moment in American foreign policy, reflecting the growing isolationist sentiment among the American public and Congress in the years leading up to World War II. The law limited American involvement in foreign conflicts and established a distinction between aggressor and victim nations in terms of military aid. While the law had some unintended consequences, including the attack on Pearl Harbor, it remains an important landmark in American history and the development of U.S. foreign policy.

“Neutrality Act” of 1937

JOINT RESOLUTION

To amend the joint resolution entitled “Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during the war”, approved August 31, 1935, as amended.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled “Joint resolution providing for the prohibition of the export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during the war”, approved August 31, 1935, as amended, is amended to read as follows:

EXPORT OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR

SECTION 1.

(c) Whenever the President shall find that a state of civil strife exists in a foreign state and that such civil strife is of magnitude or is being conducted under such conditions that the export of arms, ammunition, or implements of war from the United foreign state would threaten or endanger the peace of the United States, the President shall proclaim such fact, and it shall thereafter be unlawful to export, or attempt to export, or cause to be exported, arms, ammunition, or implements of war from any place in the United States to such foreign state, or to any neutral state for transshipment to, or for the use of, such foreign state.

(f) In the case of the forfeiture of any arms, ammunition, or implements of war by reason of a violation of this Act. no public or private sale shall be required; but such arms, ammunition, or implements of war shall be delivered to the Secretary of War for such use or the disposal thereof as shall be approved by the President of the United States.

EXPORT OF OTHER ARTICLES AND MATERIALS

SECTION 2.

The shipper of such articles or materials shall be required to file with the collector of the port from which they are to be exported a declaration under oath that there exists in citizens of the United States no right, title, or interest in such articles or materials, and to comply with such rules and regulations as shall be promulgated from time to time by the President. Any such declaration so filed shall be conclusive estoppel against any claim of any citizen of the United States of right, title, or interest in such articles or materials.

(d) The President may from time to time change, modify, or revoke in whole or in part any proclamations issued by him under the authority of this section.

(e) Except with respect to offenses committed, or forfeitures incurred, prior to May 1, 1939, this section and all proclamations issued thereunder shall not be effective after May 1, 1939.

FINANCIAL TRANSACTIONS

SECTION 3.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful for any person within the United States to purchase, sell, or exchange bonds, securities, or other obligations of the government of any belligerent state or of any state wherein civil strife exists, named in such proclamation, or of any political subdivision of any such state, or of any person acting for or on behalf of the government of any such state, or of any faction or asserted government within any such state wherein civil strife exists, or of any person acting for or on behalf of any faction or asserted government within any such state wherein civil strife exists, issued after the date of such proclamation, or to make any loan or extend any credit to any such government, political subdivision, faction, asserted government, or person, or to solicit or receive any contribution for any such government, political subdivision, faction, asserted government, or person: Provided, That if the President shall find that such action will serve to protect the commercial or other interests of the United States or its citizens, he may, in his discretion, and to such extent and under such regulations as he may prescribe, except from the operation of this section ordinary commercial credits and short-time obligations in aid of legal transactions and of a character customarily used in normal peacetime commercial transactions.

Nothing in this subsection shall be construed to prohibit the solicitation or collection of funds to be used for medical aid and assistance, or for food and clothing to relieve human suffering, when such solicitation or collection of funds is made on behalf of and for use by any person or organization which is not acting for or on behalf of any such government, political subdivision, faction, or asserted government, but all such solicitations and collections of funds shall be subject to the approval of the President and shall be made under such rules and regulations as he shall prescribe.

(b) The provisions of this section shall not apply to a renewal or adjustment of such indebtedness as may exist on the date of the Presidents proclamation.

EXCEPTIONS-AMERICAN REPUBLICS

SECTION 4.

This Act shall not apply to an American republic or republics engaged in a war against a non-American state or states, provided the American republic is not cooperating with a non-American state or states in such war.

NATIONAL MUNITIONS CONTROL BOARD

SECTION 5.

Every person required to register under the provisions of this section shall pay a registration fee of $500, unless he manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding his registration, in which case he shall pay a registration fee of $100. Upon receipt of the required registration fee, the Secretary of State shall issue a registration certificate valid for five years, which shall be renewable for further periods of five years upon the payment for each renewal of a fee of $500 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of more than $50,000 during the twelve months immediately preceding the renewal, or a fee of $100 in the case of persons who manufactured, exported, or imported arms, ammunition, and implements of war to a total sales value of less than $50,000 during the twelve months immediately preceding the renewal.

AMERICAN VESSELS PROHIBITED FROM CARRYING ARMS TO BELLIGERENT STATES

SECTION 6.

USE OF AMERICAN PORTS AS BASE OF SUPPLY

SECTION 7.

SUBMARINES AND ARMED MERCHANT VESSELS

SECTION 8.

TRAVEL ON VESSELS OF BELLIGERENT STATES

SECTION 9.

Whenever, in the Presidents judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation.

ARMING OF AMERICAN MERCHANT VESSELS PROHIBITED

SECTION 10.

REGULATIONS

SECTION 11.

GENERAL PENALTY PROVISION

SECTION 12.

DEFINITIONS

SECTION 13. For the purposes of this Act-

(a) The term United States, when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States (including the Philippine Islands), the Canal Zone, and the District of Columbia.

(b) The term person includes a partnership, company, association, or corporation, as well as a natural person.

(c) The term vessel means every description of watercraft (including aircraft) or other contrivance used, or capable of being used, as a means of transportation on, under, or over water.

(d) The term American vessel means any vessel (including aircraft) documented under the laws of the United States.

(e) The term vehicle means every description of carriage (including aircraft) or other contrivance used, or capable of being used, as a means of transportation on or over land.

(f) The term state shall include nation, government, and country.

SEPARABILITY OF PROVISIONS

SECTION 14.

If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

APPROPRIATIONS

SECTION 15.

There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this Act.”

Approved, May 1, 1937, 6.30 p. m., Central Standard Time.

Sugar Act

The Sugar Act of 1764: A Sweet Yet Bitter Pill for the American Colonies

Introduction

The Sugar Act of 1764, a significant piece of legislation in the prelude to the American Revolution, was introduced by the British Parliament to regulate and tax the sugar trade in the American colonies. This act, formally known as the American Revenue Act of 1764, had far-reaching consequences that would shape the course of history and contribute to the growing tensions between the American colonists and the British Crown. In this article, we will delve into the origins, provisions, impact, and aftermath of the Sugar Act, shedding light on its role in the broader context of colonial discontent and resistance.

Origins of the Sugar Act

The Sugar Act of 1764 had its roots in the financial burden imposed on Britain by the Seven Years’ War (1756-1763), also known as the French and Indian War in North America. The war was costly, and Britain emerged victorious but heavily in debt. In an attempt to alleviate this financial strain, the British government sought to increase revenue from its American colonies, which had benefited from British military protection during the war.

To achieve this, Prime Minister George Grenville introduced the Sugar Act as part of a broader plan to generate income from the colonies. The act aimed to reduce smuggling and raise revenue by imposing duties on various sugar-related imports and goods. Notably, it replaced the Molasses Act of 1733, which had proven ineffective at curbing smuggling and revenue collection.

Provisions of the Sugar Act

The Sugar Act of 1764 contained several key provisions that targeted the sugar trade and its related industries:

Reduced Duty on Molasses: The Sugar Act reduced the duty on foreign molasses imported into the American colonies, making it more affordable and less profitable for colonial merchants to engage in smuggling.

Enforcement of the Navigation Acts: The act strengthened enforcement of the Navigation Acts, which required that certain colonial imports and exports could only be conducted on British ships, thus ensuring that the revenue from these activities flowed through British hands.

Increased Taxation: The act imposed new taxes on various sugar-related products, including sugar, wine, coffee, and indigo. This tax revenue was intended to help offset the costs of maintaining British troops in the colonies.

Establishment of Vice Admiralty Courts: To enforce the new regulations, the Sugar Act established Vice Admiralty Courts in the colonies. These courts were responsible for hearing cases related to smuggling and other violations of trade laws, with judges appointed by the British Crown.

Impact of the Sugar Act

The Sugar Act had a significant impact on the American colonies and their relationship with Britain:

Economic Consequences: While the reduced duty on molasses was intended to encourage compliance, the new taxes imposed by the Sugar Act still placed a financial burden on the colonists. Merchants and consumers felt the pinch as prices for imported goods rose.

Increased Tensions: The Sugar Act exacerbated tensions between the American colonists and the British government. Many colonists perceived it as a violation of their rights, as they were being taxed by a government in which they had no representation (the cry of “no taxation without representation” would become a rallying point).

Resistance and Smuggling: Colonists responded to the Sugar Act with widespread resistance and increased smuggling. The act’s enforcement became a point of contention, as colonial juries often acquitted smugglers, and enforcement agents faced hostility.

Precedent for Future Taxation: The Sugar Act set a precedent for future taxation by the British government, leading to further acts such as the Stamp Act and the Townshend Acts, which deepened colonial resentment.

Unity Among Colonies: The opposition to the Sugar Act marked one of the early instances of colonial unity in resisting British policies. Colonists from different regions came together to protest the act, laying the groundwork for future collaboration in the struggle for independence.

Aftermath of the Sugar Act

The aftermath of the Sugar Act reverberated throughout the American colonies and played a pivotal role in the events leading up to the American Revolution:

The Stamp Act: The resistance to the Sugar Act paved the way for the Stamp Act of 1765, another taxation measure that further angered the colonists and led to organized protests, such as the Stamp Act Congress.

Committees of Correspondence: The discontent sparked by the Sugar Act prompted the establishment of committees of correspondence, which enabled colonists to communicate and coordinate resistance efforts across different colonies.

The Road to Revolution: The Sugar Act, along with subsequent taxation acts, fueled the growing desire for independence among the American colonists. It was a stepping stone on the path to the American Revolution, which officially began with the outbreak of hostilities at Lexington and Concord in 1775.

Conclusion

The Sugar Act of 1764, with its attempt to increase revenue and tighten control over trade in the American colonies, was a pivotal moment in the lead-up to the American Revolution. While it aimed to alleviate Britain’s financial burdens, it ultimately exacerbated tensions, increased colonial unity, and set the stage for further acts of resistance. The cry of “no taxation without representation” echoed throughout the colonies, serving as a rallying point for the colonists in their struggle for independence. The Sugar Act, while seemingly about sugar and trade, was, in reality, a bitter pill that contributed to the birth of a new nation.

Introduction:

The Sugar Act, also known as the American Revenue Act of 1764, was a significant piece of legislation passed by the British Parliament that imposed new taxes on the American colonies. The Act aimed to raise revenue for the British Empire by taxing sugar and other goods imported into the colonies. The Sugar Act was one of the first taxes imposed on the colonies by the British government and was a major factor in the lead-up to the American Revolution.

Background:

The Sugar Act was passed during a period of significant political and economic tension between Britain and its American colonies. The British Empire had been fighting a costly war in North America, known as the French and Indian War, which had ended in 1763. The war had left Britain with a large debt, and the government was looking for ways to raise revenue to pay off the debt and to maintain its military presence in North America.

In response to this need for revenue, the British government passed a series of acts aimed at raising taxes on the American colonies. These acts included the Sugar Act, the Stamp Act, and the Townshend Acts. The American colonies, however, deeply resented these taxes and saw them as an infringement on their rights as English subjects.

Overview of the Act:

The Sugar Act was introduced in the British Parliament by Prime Minister George Grenville in April 1764. The Act was designed to raise revenue by taxing sugar and other goods imported into the colonies. Under the Act, a new tax was imposed on foreign molasses, which was used to make rum, as well as other goods such as wine, silk, and coffee.

The Key Features of the Act were:

1. The Act lowered the tax on molasses from six pence per gallon to three pence per gallon, but it also increased enforcement of the tax, making it more difficult for colonists to smuggle in molasses without paying the tax.

2. The Act increased the number of goods that could be seized by customs officials who suspected smuggling.

3. The Act established new courts to hear smuggling cases, with a judge appointed by the British government.

Impact of the Act:

The Sugar Act had a significant impact on the American colonies and was one of the major factors that led to the American Revolution. The Act was deeply unpopular among the colonists, who saw it as an infringement on their rights and a violation of their economic interests.

The Act was particularly unpopular in the New England colonies, which relied heavily on the rum trade. The Act made it more difficult for colonists to import molasses without paying the tax, effectively putting many New England rum distilleries out of business.

The Act also had a significant impact on the relationship between the American colonies and Britain. The Act was the first major tax imposed by the British government on the colonies, and it set the stage for future taxes and acts. The Act was seen by many colonists as evidence of British tyranny and as a violation of their rights as English subjects.

The Act also led to increased tensions between the colonists and British authorities. The increased enforcement of the tax and the establishment of new courts to hear smuggling cases led to increased conflict between colonial authorities and British officials. The Act also contributed to the development of a sense of American identity and unity, as colonists began to see themselves as a distinct group with shared interests and concerns.

Conclusion:

The Sugar Act was a significant piece of legislation that had a profound impact on the American colonies and on the relationship between the colonies and Britain. The Act was aimed at raising revenue for the British Empire by taxing sugar and other goods imported into the colonies. However, the Act was deeply unpopular among the colonists, who saw it as an infringement on their rights and a violation of their economic interests.

The Act was one of the major factors that led to the American Revolution, as it contributed to the development of a sense of American identity and unity and to increased tensions between the colonies and British authorities. The Act serves as a reminder of the importance of individual rights and liberties and of the need to ensure that governments act in the best interests of their citizens.

SUGAR ACT TEXT

What was the Sugar Act of 1764?

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. 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. The Sugar Act not only affected molasses but expanded the diversity of goods that could be taxed. Sugar, wine, and essentially all sugar products, as well as clothing, were to be taxed and strictly enforced.

Background

The Molasses Act of 1733

In 1773 the British Parliament passed the Molasses Act. This act levied a tax on all molasses that was being imported into the colonies from islands in the West Indies; which were not British colonies. Prior to the passage of the Molasses Act, the colonist would get molasses from all islands of the West Indies, including those possessed by the French, Dutch, Spanish and Portuguese.

Molasses was an important ingredient in the colonial era. It is a byproduct of sugar cane refinement and has many uses. It was the number one source of sweetener in the world, up until the 1880s and essential for the

distillation of rum. The rum industry in the West Indies was one of its major sources of income. It was essential in the slave trade between the Colonies, the Indies, and Africa.

The problem with molasses was created due to the fact that the non-British West Indian islands were better producers of sugar cane, and therefore molasses. Those islands were able to produce more molasses and thus were capable of selling it at a lower cost to the American colonists. The non-British West Indian islands were also better trading partners. The British islands refused to purchase colonial exports such as fish, lumber, and flour because they did not need it, the non-British islands were in need of these items. The colonist was also prohibited from trading with the British West Indies in grain or livestock because it would compete with Great Britain’s market, therefore they were sold to the non-British islands. Due to these factors; refusal to buy products; outlawing the sale of others; and the higher price of molasses; the purchase of molasses from the British West Indies became virtually non-existent.

After complaints about this, the British passed the Molasses Act of 1733 which, did not forbid the purchase of molasses from non-British isles but levied a tax upon all molasses imported into the colonies from non-British isles.

The enforcement of the Molasses Act was difficult, if not non-existent. The colonist found numerous loopholes in the way the tax was enforced. Such ways around the law included going to ports off route and unloading the products bought in the non-British West Indies prior to reaching their destination and thus avoiding the tax collector. The colonists would also alter markings on products indicating their point of origin and even bribe tax collection officers. This law proved to be completely unmanageable but remained in effect until 1763 when the Act expired.

The Sugar Act of 1764

Enactment

Due to Great Britain’s involvement in the French and Indian War, known in American history as the Seven Years War, the British suffered an enormous amount of debt. In addition, due to the French and Indian War, the British Empire felt it essential to keep a standing army in the colonies, not only to protect from invasion but to enforce laws against the American colonists. The Molasses Act of 1733 had just expired a year earlier and the British Empire decided to renew the tax but with some changes. Therefore Parliament passed the Sugar Act of 1764. It was the first tax enacted by the British against the colonists for the purpose of raising revenue.

Details of the Sugar Act

The Sugar Act created a new tax on molasses imported from non-British isles along the same lines as the Molasses Act but the tax was reduced by half. Even though the theoretical cost was diminished the Sugar Act required explicit enforcement. In addition to molasses, the tax was levied on foreign-made coffee, sugar, pimento, and wine. It also limited the quantity of lumber and iron that the colonists were permitted to export to those islands.

In addition, the Sugar Act created a new court system for which evaders of the law were to be tried. Enforcement of the Molasses Act was difficult, part of it stems from the fact that any individuals tried for suspected smuggling of molasses was prosecuted in the colonies by a jury of their peers. The jurors, who were colonists themselves, were always sympathetic to the smugglers and guilty verdicts, no matter how damning the evidence was non-existent. Under the Sugar Act, the suspected smugglers were brought prosecuted in Admiralty Court in Nova Scotia and removed any possibility of having a favorable jury.

The Admiralty Courts, despite being inconvenient and removing sympathetic colonists from the jury pool, were also corrupt. A judge on a smuggling case was able to receive 5% of the worth of the cargo if he was able to find the defendant guilty of the smuggling charge. In addition, the colonists themselves had to pay their own expenses to get to Nova Scotia for their own trials.

For these, and many other reasons, the Sugar Act became a deterrent to illegal smuggling and helped reduce trade between the Colonies and the rest of the western world.

Immediate Effects of the Sugar Act of 1764

The effects of the Sugar Act of 1764 were immediate and widespread. Because the colonists were forced to pay more for molasses, they were also forced to pay higher prices for rum, and therefore exports of the product diminished. In addition, the Sugar Act established the British West Indies as their only serious export. As a result the demand for rum greatly outweighed the supply that was available to the colonists. In addition, the colonies had no trading partners for other products. .

Fully aware of this, the British West Indies were permitted to do whatever they wanted. The prices for molasses, rum, and other native products skyrocketed while the prices for American-made products diminished greatly. They were still forbidden by law to export grain or livestock to the British West Indies and the islands had no use for many of their other products. The Colonies sank into a dramatic recession and the colonists, naturally, blamed their problems on the tax and oppression of the British Empire.

Colonial Response to the Sugar Act of 1764

Samuel Adams

As a result of the Sugar Act of 1764 and the resulting economic downturn, the colonists began to, for the first time, openly protest the British Parliament’s intervention in colonial affairs. The colonists were adamant about

the idea that Parliament had absolutely no right to levy taxes upon them. This is actually the first time in American history that the phrase “no taxation without representation” is seen. In response to the Sugar, Act colonists formed an organized boycott of luxury goods imported from Great Britain. 50 merchants from throughout the colonies agreed to boycott specific items and began a philosophy of self-sufficiency where they produce those products themselves, especially fabric-based products.

The boycott led to the rise of certain individuals who would be leaders in the revolutionary war such as Samuel Adams and James Otis. In addition to the boycott, the Massachusetts Colonial Legislature formed a committee to address the matter which resulted in the drafting of a letter to Parliament to address the frustration and arguments against the Sugar Act. Following the initial letter, drafted by Samuel Adams, many other letters were sent from different committees. All in total 50 letters were delivered to Parliament in response to the Sugar Act.

Repeal of the Sugar Act

The Repeal of the Sugar Act and the Stamp Act

The Sugar Act was effectively repealed in 1765 due to the overwhelming anger from the colonists. However, the British Parliament instead imposed what is known as the Stamp Act.

The Stamp Act of 1765 required that all paper products used in the colonies had to contain a stamp that signified that it was legal tender. The products included newspapers, magazines, playing cards, etc. It was a lucrative proposition for the British because there was guaranteed revenue and little to no enforcement was necessary. If a document was to be deemed legal, in the eyes of the British government, it had to have a stamp.

To Read the Sugar Act of 1764 please go tohttps://www.historycentral.com/documents/Sugar.html

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