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Taxation of Colonies Act 1778

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Act of the Parliament of Great Britain

United Kingdom legislation
Taxation of Colonies Act 1778[a]
Act of Parliament
Long titleAn Act for removing all Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain in any of the Colonies, Provinces, and Plantations in North America and the West Indies; and for repealing so much of an Act made in the Seventh Year of the Reign of His late Majesty as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America as relates to there.
Citation18 Geo. 3. c. 12
Territorial extent British America and the British West Indies
Dates
Royal assent11 March 1778
Commencement11 March 1778[b]
Repealed18 July 1973
Other legislation
Amends
Amended by
Repealed byStatute Law (Repeals) Act 1973
Relates toCustoms Act 1826
Status: Repealed
Text of statute as originally enacted

TheTaxation of Colonies Act 1778 (18 Geo. 3. c. 12) was anact of theParliament of Great Britain that declared Parliament would not impose any duty, tax, or assessment for the raising of revenue in any of the colonies ofBritish America or theBritish West Indies. The act, passed during theAmerican Revolutionary War, was an attempt by Parliament to end the war by conceding one of the early points of dispute.[1]

Parliament's effort to tax the colonies without the consent of the colonists, especially as enacted in theTownshend Acts of 1767 and theTea Act of 1773, had been a major cause of theAmerican Revolution. This act noted that those taxes had "been found by experience to occasion great uneasiness and disorders"[2] and that his Majesty desired "to restore the peace and welfare of all his Majesty's Dominions".

The act declared that Parliament would not impose any duty, tax, or assessment for the raising of revenue in any of the colonies. Parliament would only impose such duties as expedient to regulate commerce and the net income from these duties would be given to the colonies. In making this concession, Parliament was taking the position that American colonists had advocated a decade earlier, most notablyJohn Dickinson in his 1767 and 1768 "Letters from a Farmer in Pennsylvania".[1]

By the time the statute was enacted, it was too late to have any effect on the war: the dispute has expanded beyond taxation, and the colonies had already declared independence. Additionally, according to legal historian John Phillip Reid, "As a matter of constitutional law the statute was meaningless",[citation needed] because future parliaments would not be bound by the current parliament's pledge not to impose taxes.

Legacy

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The whole act was eventually repealed by theStatute Law (Repeals) Act 1973 as obsolete.

Notes

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  1. ^The citation of this act by thisshort title was authorised by section 1 of, and the first schedule to, theShort Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of theInterpretation Act 1978.
  2. ^Section 1.

References

[edit]
  1. ^abReid,Authority to Tax, 51.
  2. ^Houston,Documents, 104.
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