Introduction

Background

Provisions of the Neutrality Acts

Significance of the Neutrality Acts

Conclusion

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 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.

(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.

(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.

Introduction

The Text

The Significance

Quotations from the Text

Conclusion

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 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.

Introduction

Background

Text of the Neutrality Act of 1939

Significance of the Neutrality Act of 1939

Impact of the Neutrality Act of 1939

Conclusion

“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.

(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 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 the 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 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.

(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.

(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 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.

(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 therefor.

(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.

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.

Understanding Constitutional Law: The Backbone of Democracy

Introduction

Constitutional law is the foundation upon which democratic societies are built, providing the framework for government, delineating the powers of its branches, and safeguarding individual rights. It serves as a bedrock of legal principles that guide nations in upholding the rule of law, ensuring the rights of citizens, and maintaining the balance of power. This article aims to shed light on constitutional law, its significance, and its role in modern democracies.

Defining Constitutional Law

Constitutional law encompasses the principles, rules, and doctrines that govern the structure and operation of a country’s government. It is primarily concerned with interpreting and applying a nation’s constitution—the supreme law of the land. A constitution is a written or unwritten document that outlines the fundamental principles, values, and rules upon which a nation’s governance is based.

Key Aspects of Constitutional Law

1. Separation of Powers: A fundamental concept in constitutional law, the separation of powers, divides government into three branches—the legislative, executive, and judicial—each with distinct roles and powers. This separation aims to prevent the concentration of authority in one branch, thus safeguarding against tyranny.

2. Judicial Review: Constitutional law often involves the power of judicial review, through which the judiciary evaluates the constitutionality of laws, executive actions, and government decisions. In many democracies, the judiciary serves as a check on the other branches, ensuring that their actions adhere to constitutional principles.

3. Protection of Individual Rights: Constitutions commonly include a bill of rights or similar provisions that enumerate and protect the rights and liberties of individuals. Constitutional law is instrumental in safeguarding these rights and ensuring that they are not violated by the government or other entities.

4. Federalism: In federal systems of government, constitutional law defines the division of powers between the central government and subnational entities (such as states or provinces). It outlines the scope of authority for each level of government and the principles of cooperation and coordination.

Significance of Constitutional Law

1. Rule of Law: Constitutional law is a cornerstone of the rule of law—a principle that all individuals and entities, including the government, are subject to and accountable under the law. It ensures that no one is above the law and that legal processes are fair, just, and transparent.

2. Protection of Rights: Constitutional law plays a vital role in safeguarding the rights and freedoms of citizens. It provides a legal framework for challenging government actions that infringe upon these rights, promoting social justice, and ensuring equal treatment under the law.

3. Stability and Predictability: Constitutions offer a stable and predictable legal framework for governance. They help prevent arbitrary changes in government structure and powers, providing continuity and fostering a conducive environment for economic and social development.

4. Checks and Balances: The principles of constitutional law establish checks and balances among the branches of government, reducing the risk of abuses of power and promoting accountability.

Challenges and Evolving Interpretations

Constitutional law is not static; it evolves over time to adapt to changing societal values, technological advancements, and legal interpretations. Courts and legal scholars play a pivotal role in interpreting constitutional provisions and ensuring their relevance in contemporary contexts.

Conclusion

Understanding constitutional law is essential for any society that values democracy, justice, and individual rights. It provides a framework for governance, safeguards against abuses of power, and ensures that the principles of democracy and the rule of law prevail. As societies continue to evolve, constitutional law remains a vital tool for addressing new challenges while upholding the enduring values enshrined in a nation’s constitution.

Constitutional law includes all laws which are derived from the United States Constitution. The Constitution guarantees all United States citizens certain rights, which are standard across the country. No laws may interfere with a citizen’s Constitutional rights, as they are guaranteed.

Constitutional laws include cases that involve freedom of speech. In order to better understand the rights granted by the Constitution, some court cases challenge the Constitution and the rights contained within. The right to free speech has continuously been upheld, with some restrictions. For example, individuals may say things that may offend other people, but they may not incite violence.

Each Constitutional right may be challenged through court cases. Although no rights have been taken away, these cases simply seek to define the rights granted. Court cases help to establish the limit for Constitutional rights.

Constitution Laws will have more information about the Constitution.

A Quick History Lesson on the Constitution

Introduction

The United States Constitution is a foundational document that shapes the political and legal framework of the United States. It is a remarkable testament to the vision, intellect, and foresight of its framers, who sought to create a more perfect union. In this brief history lesson, we will explore the origins, drafting, and significance of the U.S. Constitution.

Origins of the Constitution

1. The Articles of Confederation: The United States, after gaining independence from Britain in 1783, initially operated under the Articles of Confederation. However, this document proved ineffective in providing a centralized government capable of addressing the nation’s needs. States retained significant sovereignty, leading to economic instability and political turmoil.

2. The Constitutional Convention of 1787: Frustrated by the limitations of the Articles of Confederation, a group of delegates from 12 states (Rhode Island abstained) convened in Philadelphia in May 1787 to draft a new constitution. This gathering, known as the Constitutional Convention, was presided over by George Washington and included prominent figures such as James Madison, Benjamin Franklin, Alexander Hamilton, and others.

The Drafting of the Constitution

3. The Virginia Plan: James Madison, often called the “Father of the Constitution,” presented the Virginia Plan, which proposed a strong central government with a bicameral legislature, proportional representation based on population, and a strong executive and judiciary. This plan served as a blueprint for much of the Constitution.

4. The Connecticut Compromise: A significant challenge at the convention was reconciling the interests of large and small states regarding representation in the new government. The Connecticut Compromise, proposed by Roger Sherman, created a compromise with a bicameral legislature: the House of Representatives with representation based on population and the Senate with equal representation for each state.

5. The Three-Fifths Compromise: Another contentious issue was the counting of enslaved individuals for the purpose of representation and taxation. The Three-Fifths Compromise determined that each enslaved person would count as three-fifths of a free person when determining representation and taxation.

6. The Bill of Rights: A crucial debate emerged over the inclusion of a Bill of Rights to protect individual liberties. Prominent Anti-Federalists, including Thomas Jefferson and Patrick Henry, advocated for this addition. As a result, the first ten amendments to the Constitution, collectively known as the Bill of Rights, were ratified in 1791.

The Significance of the Constitution

7. Ratification and Adoption: After months of debate and compromise, the Constitution was signed by 39 delegates on September 17, 1787. It was then sent to the states for ratification. A series of essays known as the Federalist Papers, written by James Madison, Alexander Hamilton, and John Jay, played a vital role in explaining and advocating for the Constitution’s adoption.

8. Ratification: The Constitution was ratified when nine states agreed to it, with North Carolina and Rhode Island eventually joining the union. The new government under the Constitution officially began on March 4, 1789, when the first Congress convened.

9. Enduring Legacy: The U.S. Constitution has endured for over two centuries and remains the oldest written national constitution still in use. It has served as a model for other nations and continues to be a source of inspiration and guidance in American political life.

Conclusion

The U.S. Constitution is a product of intense debate, compromise, and the shared vision of its framers. It established a federal system of government with a delicate balance of powers between the federal government and individual states. The Constitution’s enduring relevance lies in its ability to adapt to changing times while preserving the core principles of democracy, liberty, and the rule of law. It remains a testament to the enduring principles upon which the United States was founded and a beacon of hope for those who cherish the ideals of freedom and self-governance.

Delegates from twelve of the original thirteen states met to discuss and write the Constitution. The man credited with most of the writing was James Madison. He is, in fact, considered to be the “father of the Constitution.”

However, all of the delegates contributed to writing the Constitution. The men met to discuss the rights which they thought should be granted to every United States citizen. In addition, it was determined that any changes to the Constitution would require the approval of at least nine of the thirteen states.

The Constitution was written in order to grant more power to the larger states. In addition, Madison included branches of the government that would have power over very specific issues and jurisdictions, which included a system of checks and balances so that no person or entity in the Government would have too much power.

Constitution laws has more information on the writing of the Constitution.

A Guide to Constitutional Amendments

Introduction

Constitutional amendments are a fundamental component of the United States Constitution. They allow for the document’s adaptation to changing societal needs, evolving values, and unforeseen circumstances. The process of amending the Constitution is deliberate and challenging, reflecting the importance of ensuring that any changes align with the principles upon which the nation was founded. In this guide, we will explore the process of amending the Constitution, historical amendments, and the significance of this essential constitutional tool.

The Amendment Process

Article V of the U.S. Constitution outlines the process for amending the document. It provides two methods for proposing and ratifying amendments, both of which require significant levels of approval:

1. Proposal:
– Congress: Amendments can be proposed by a two-thirds majority vote in both the House of Representatives and the Senate.
– Constitutional Convention: An amendment can be proposed if two-thirds of state legislatures call for a national convention to discuss and draft amendments. However, this method has never been used.

2. Ratification:
– State Legislatures: Amendments may be ratified by three-fourths (38 out of 50) of state legislatures.
– Constitutional Conventions: Alternatively, states can choose to ratify an amendment through conventions specially convened for this purpose.

Historical Amendments

The U.S. Constitution has been amended 27 times since its adoption in 1787. These amendments have addressed various issues, ranging from individual rights and governance to social justice and electoral matters. Some of the most significant amendments include:

1. The Bill of Rights (Amendments 1-10): These amendments, ratified in 1791, protect fundamental individual liberties, such as freedom of speech, religion, and the press, as well as the right to bear arms and protections against unreasonable searches and seizures.

2. The 13th Amendment (1865): Abolished slavery in the United States, marking a profound shift in the nation’s history and values.

3. The 19th Amendment (1920): Granted women the right to vote, significantly expanding the scope of American democracy.

4. The 22nd Amendment (1951): Limited presidents to two terms in office, preventing the accumulation of excessive executive power.

5. The 26th Amendment (1971): Lowered the voting age from 21 to 18, reflecting the idea that those old enough to be drafted into the military should have the right to vote.

Significance of Constitutional Amendments

Amendments serve several essential functions within the framework of the Constitution:

1. Reflecting Changing Values: Constitutional amendments reflect the evolving values and priorities of American society. They allow the Constitution to remain a living document that can adapt to new challenges and address injustices.

2. Protecting Individual Rights: Many amendments, particularly the Bill of Rights, safeguard individual liberties and ensure that the government respects the rights of its citizens.

3. Expanding Democracy: Amendments have expanded the scope of American democracy by granting voting rights to previously disenfranchised groups, such as women and young adults.

4. Limiting Government Power: Some amendments, like the 22nd Amendment, serve to limit the concentration of power in government and prevent abuses of authority.

Conclusion

Constitutional amendments are a testament to the enduring strength and adaptability of the United States Constitution. They have played a pivotal role in shaping the nation’s history, promoting equality, safeguarding individual rights, and addressing societal challenges. The process of amending the Constitution is intentionally rigorous, reflecting the gravity of altering the supreme law of the land. As the United States continues to evolve, constitutional amendments will remain a vital tool for ensuring that the principles of democracy and justice endure.

Legal Context for U.S. Constitutional Amendments

• One of the primary legal measures included along with the U.S. Constitution is for the introduction of amendments to this foundational legal document for the United States.

The two primary considerations are taken into consideration by the Founding Fathers when allowing for the application of amendments to the Constitution where the need for flexibility in the country’s legal infrastructure and the danger posed by changes too quickly and readily introduced to the U.S.

Ratification of Amendments

• The process allowed for by the Founding Fathers for the passage of Constitutional amendments can either occur through a 2/3 proposal made in Congress or the call for a constitutional vote by 2/3 of state legislatures.

Specific Amendments

• Up to the present, the U.S. Constitution has been affected by 27 specific amendments. It should be noted, however, that not every one of these amendments is still in effect. As an example of this fact, it could be noted that the 18th Amendment to the Constitution, which was applied in 1919 to prohibit the sale of alcohol in the The United States, was repealed through the actions of the 21st Amendment, which went into effect in 1933.

Bill of Rights

• The first 10 Amendments to the U.S. Constitution are referred to as the Bill of Rights, which were passed in 1791 at the same time and are generally regarded specifically as foundational principles for the liberties and rights enjoyed by U.S. citizens and residents.

The Preamble of the Constitution: The Heart of American Values

Introduction

The Preamble of the United States Constitution is a powerful and succinct statement that encapsulates the guiding principles, purpose, and aspirations of the nation. Often overshadowed by the articles and amendments that follow, the Preamble serves as a timeless reminder of the core values upon which the United States was founded. In this article, we will explore the significance and relevance of the Preamble in American history and society.

The Text of the Preamble

The Preamble reads as follows:

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.

A Deeper Understanding

1. We the People: The Preamble begins with these three words, emphasizing that the Constitution is the product of the collective will and consent of the American people. It reinforces the idea of self-governance, where the power of the government derives from the citizens it serves.

2. Form a more perfect Union: This phrase acknowledges the imperfections of the initial attempt at self-governance under the Articles of Confederation. It reflects the framers’ commitment to creating a stronger, more unified nation that could better address the challenges of the time.

3. Establish Justice: Justice is a fundamental principle of the Constitution. The Preamble emphasizes the importance of a fair and equitable legal system that protects the rights and liberties of all citizens.

4. Insure domestic Tranquility: This phrase highlights the need for peace and order within the country. It underscores the government’s role in maintaining stability and preventing domestic unrest.

5. Provide for the common defence: National defense is a core function of the federal government. The Preamble acknowledges the importance of a strong military to protect the nation from external threats.

6. Promote the general Welfare: This phrase reflects the government’s commitment to the well-being and prosperity of its citizens. It encompasses policies and programs aimed at improving the quality of life for all Americans.

7. Secure the Blessings of Liberty: Liberty is a central theme of the Preamble. It reminds us that the Constitution is a guardian of individual freedoms, ensuring that future generations enjoy the blessings of liberty that the founders fought for.

8. Do ordain and establish this Constitution: The Preamble concludes with the declaration that the Constitution is ordained and established by the people themselves, affirming the democratic nature of the document.

Relevance in Modern Society

The Preamble remains relevant in contemporary America for several reasons:

1. Values and Aspirations: The Preamble reflects the enduring values and aspirations of the American people, reminding us of our shared commitment to justice, peace, prosperity, and liberty.

2. Inspiration: It serves as a source of inspiration and motivation for individuals and leaders alike, guiding their actions and decisions in pursuit of the common good.

3. Interpretation: The Preamble is often cited in legal and political debates to provide context and interpretation for the Constitution’s various provisions.

4. Civic Education: It plays a vital role in civic education, teaching future generations about the principles that underpin the American system of government.

Conclusion

The Preamble of the United States Constitution is a concise yet powerful declaration of the nation’s foundational principles and objectives. It encapsulates the ideals of democracy, justice, peace, and liberty that continue to shape American society. As a timeless reminder of the nation’s core values, the Preamble remains an integral part of the constitutional fabric, inspiring citizens and leaders alike to strive for a more perfect union and the enduring blessings of liberty.

The Preamble to the U.S. Constitution

The Preamble to the U.S. Constitution is the introductory passage of this foundational document for the United States Government and legal infrastructure.

In addition to helping people understand the content and application of the U.S. Constitution, the Constitution’s Preamble has also been granted, under the application of U.S. Constitutional legal theory, as having a legal and judicial effect in its own right, specifically as a guide to the intentions of the Founding Fathers in drawing up the Constitution.

Text of the Preamble to the U.S. Constitution

“We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.”

Legal Theories Regarding Constitutional Preamble

According to the judicial theories regarding the Preamble to the U.S. Constitution, this opening passage allows for people to more correctly and applicably discern the document’s “spirit.” As an alternative method of interpretation, legal theories regarding the Preamble to the U.S. Constitution may also focus on parsing the specific wording of the passage, according to the measures provided through close reading. Moreover, the way in which the Preamble to the U.S. Constitution should be interpreted, as with the remainder of this foundational document, can be subject to debate as to whether the original intent of the Founding Fathers should be emphasized over modern exigencies.

The United States Constitution is the supreme law of the land and is the backbone of the American government. Written by a group of brilliant minds over 200 years ago, the Constitution has provided a framework for democracy and continues to guide the nation’s policies and principles.

The Constitution was written in 1787 after a long and heated debate among the Founding Fathers. The document took four months to complete and was signed by 39 delegates including George Washington, James Madison, and Benjamin Franklin, among others. The Constitution replaced the Articles of Confederation, which had served as the nation’s governing document until that point.

The Constitution has three main parts: the Preamble, the Articles, and the Amendments. The Preamble serves as an introduction and sets forth the principles of the Constitution. It begins with the famous words, “We the People,” emphasizing the importance of the people’s role in the government.

The Articles of the Constitution lay out the framework for the federal government. Article I establishes the legislative branch, Article II establishes the executive branch, and Article III establishes the judicial branch. Each branch has specific powers and responsibilities, and they work together to form a system of checks and balances.

The Amendments to the Constitution outline the individual rights and freedoms of citizens. The first ten amendments, known as the Bill of Rights, were added in 1791 and include rights such as freedom of speech, religion, press, and assembly. The following amendments have been added over time to address various issues and changing times, including the abolition of slavery and the right to vote for all citizens.

One unique aspect of the Constitution is its ability to adapt to changing times. It has endured for over 200 years because it can be amended and updated as needed. However, this adaptability has also led to debate and controversy. The interpretation of the Constitution has been a topic of heated political discussion for decades, leading to landmark Supreme Court cases and changes in laws and policies.

Overall, the United States Constitution remains a cornerstone of democracy and a symbol of the nation’s values and principles. Its principles of liberty, justice, and equality continue to inspire people around the world and serve as a model for other democratic societies.   

What is the Constitution?

The United States Constitution is regarded as the supreme law of the United States.

The United States Constitution is in essence, the framework for the organization of the United States government and more specifically for the relationship of the federal government with its states and citizens of the country.

The Constitution, which was drawn up by the founding fathers of the United States following the Revolutionary War, created the three branches (the legislature, the bicameral Congress; an executive branch which is led by the President; a judicial branch headed by the Supreme Court) of the United States Federal Government. In addition to the creation of such branches, the United States Constitution specifies powers and responsibilities to each branch. The United States Constitution reserves all unremunerated powers to the individual states and to the people of the nation; this relationship effectively established the democratic system of government in the United States.

The United States Constitution was adopted on September 7, 1878 by the Constitutional Convention; the document was ratified by conventions in each U.S. state in the name “of the people of the United States.”

The United States Constitution is the framework on which America’s society is based on. The Constitution awards individual citizens of the United States with undeniable rights and privileges, in addition to separating the powers of the governing bodies. Furthermore, the United States constitution developed and organized the relationship between the federal government of the United States and the localized state governments that comprise the Union. As a result of this framework, a body of law is dedicated to the United States Constitution.

Constitutional Law

Constitutional law is the body of law that deals with the distribution and exercise of a government authority.

All states in the United States possess some form of Constitution or at least a general law of the land that will consist of a variety of consensual legal issues. Such laws or rules may include statutory law, judge-made law, customary law or conventions.

Constitutional laws govern the relationship between the legislature, the judiciary, and the executive bodies within the governing system. One of the fundamental tasks of constitutional law is to indicate hierarchies and relationships of power. When a constitution establishes a federal state, the framework will identify the several levels of government which coexist with exclusive or shared areas of jurisdiction over the application of enforcement and lawmaking powers.

In addition to the organization of governmental powers, a constitution will also govern the rights of the individual citizens against the state. All states and the federal government as a whole possess a codified constitution with a developed bill of rights. This section of the constitution establishes the individual citizen’s undeniable rights and liberties. Any issues where a governing body strips an individual of these rights may be evaluated in a court of law.

The Rule of Law

The Constitution possesses a doctrine known as the rule of law, which dictates the protocol for which governing bodies and their subsequent actions must be conducted. In essence, the Rule of law is the separation of powers between different governing bodies.

An Overview of the Interstate Commerce Clause

Introduction

The Interstate Commerce Clause, found in Article I, Section 8, Clause 3 of the United States Constitution, is a fundamental provision that has played a significant role in shaping the American economy and legal landscape. This clause grants Congress the authority to regulate commerce among the states, providing a crucial framework for federal oversight of economic activities that cross state boundaries. In this article, we will delve into the history, interpretation, and impact of the Interstate Commerce Clause.

The Historical Context

At the time of the Constitution’s drafting in the late 18th century, interstate commerce was a pressing concern. The Articles of Confederation, the nation’s initial governing document, had proven ineffective in regulating commerce and resolving disputes among states. As a result, the framers of the Constitution sought to empower the federal government with the authority to regulate commerce to ensure economic stability and prevent trade disputes among the states.

The Language of the Clause

The Interstate Commerce Clause is succinct and reads as follows:

“The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

The clause’s brevity leaves room for interpretation, which has led to significant debates and legal developments over the years.

Evolution of Interpretation

1. Early Interpretation: In the early years of the United States, the federal government’s authority to regulate interstate commerce was not widely exercised. The focus was primarily on international trade and ensuring the free flow of goods across state lines.

2. Expansive Interpretation: The interpretation of the Interstate Commerce Clause began to evolve during the 19th century, notably in the case of Gibbons v. Ogden (1824). This landmark Supreme Court decision affirmed that Congress had the power to regulate not only navigation but also any activity that had a substantial impact on interstate commerce.

3. New Deal Era: The Great Depression prompted a significant shift in the interpretation of the clause. Under President Franklin D. Roosevelt’s New Deal programs, the federal government took a more active role in regulating various aspects of the economy, citing the Interstate Commerce Clause as a source of authority. This period saw an expansive interpretation of federal regulatory power.

4. Modern Interpretation: In more recent years, the Supreme Court has struck a balance between federal and state powers. While recognizing the federal government’s authority to regulate commerce among the states, it has also emphasized the importance of respecting state autonomy in certain matters.

Key Legal Cases

Several Supreme Court cases have shaped the interpretation of the Interstate Commerce Clause:

1. Gibbons v. Ogden (1824): This case established that the power to regulate interstate commerce extended beyond navigation and encompassed activities that had a substantial impact on commerce.

2. Wickard v. Filburn (1942): In this case, the Court ruled that Congress could regulate even intrastate economic activities if they had a substantial aggregate effect on interstate commerce.

3. Heart of Atlanta Motel v. United States (1964) and Katzenbach v. McClung (1964): These cases upheld the Civil Rights Act of 1964, which used the Interstate Commerce Clause to prohibit racial discrimination in public accommodations.

4. United States v. Lopez (1995): This case limited the scope of the clause by declaring that Congress could not use it to regulate non-economic, gun-related activities in schools.

Conclusion

The Interstate Commerce Clause is a critical component of the United States Constitution that has evolved over time to address the changing economic and legal landscape. It grants Congress the authority to regulate commerce among the states, providing a framework for federal oversight of economic activities that cross state boundaries. While its interpretation has evolved and been the subject of numerous legal battles, the clause remains a fundamental element of the Constitution, balancing federal and state powers in the realm of commerce.

The Interstate Commerce Clause is a provision that is included in the United States Constitution and is formally known as the Commerce Clause. Contained within Article I, Section 8, the Commerce Clause is intended to give Congress the power to regulate all commerce and trade at the international level, as well as in certain applications at the state level.

When referred to as the Interstate Commerce Clause, it is meant to refer to the specific content that applies to all trade and commerce that occurs between the states of the United States. However, it should be noted that the wording of the Interstate Commerce Clause has been the issue of debate when it comes to the Federal and state powers regulating trade among the states. Understanding the clause as it relates to interstate commerce in trade has been the subject of various Supreme Court cases, which further proves the complex nature of the wording of the clause itself.

For more information on the Interstate Commerce Clause, visitconstitution.laws.com.