Ch. 2.1. Primary Sources: The Navigation Acts
The most well-known laws that England passed in the attempt to regulate the colonial American economy were a series of Navigation Acts, the first of which dates from 1651 during the “Commonwealth” period. All of these laws sought to eliminate foreign shipping and control the flows of commerce between England (and after 1707 Great Britain) and its colonies around the world. The main goal of these laws, as the later theory of mercantilism would explain, was to maximize benefits for the mother country, whose interests its colonies were supposed to serve. At least for some types of products, colonies were supposed to trade only with Britain or its colonies.
The English Parliament passed these laws in the specific context of England’s competition over maritime trade with the Dutch, i.e., the Netherlands, which for most of the seventeenth century had the world’s best navy and dominated global trade. Although neither country achieved a decisive victory in a series of three wars that they fought with each other, known as the “Anglo-Dutch Wars” (from 1652 to 1674), by about 1700 England had emerged as the more powerful maritime nation.
Thereafter Britain’s attention turned to rivalry with France, a much larger country. For most of the eighteenth century British authorities remained very concerned with the strategic threat posed by French colonial possessions in North America, which included Canada, Louisiana, and rich, sugar-producing islands in the Caribbean (aka the ‘West Indies’). Although France also developed a formidable navy, it remained smaller than the British navy, focusing on a defensive role and never seriously endangering Britain’s growing maritime preeminence and economic prosperity–an economic boom that was even more marked in Britain’s American colonies.
This context of Britain’s growing maritime dominance and economic prosperity on both sides of the Atlantic helps to explain why the seventeenth-century Navigation Acts continued as the basic framework for British colonial trade policies for much of the eighteenth century. Despite the fact that American traders resisted and evaded many of these laws’ provisions, the British government failed to invest enough to assure anything close to their effective enforcement. This was true even though the Navigation Acts, especially the last one of 1696, established one or a few customs officials in the main ports of all of the colonies, along with special courts of ‘Admiralty,’ which were supposed to hear cases involving maritime commerce and customs (taxes on imports and exports).
The customs agents were, however, far too few to effectively police the enormous Atlantic coast between, inclusively, Maine and Georgia (Maine was part of Massachusetts before it became a state in 1820, whereas Florida was ceded by Spain to the U.S. only in 1819). There were only about 40-50 customs agents for all of the original thirteen colonies! A straight line running SE-NE along these states’ coastlines measures over 1,200 miles, while their combined “shorelines” –a more realistic reflection of the coast–add up to over 26,000 miles, as this is officially measured today by the U.S. government (NOAA, Shoreline Mileage of the United States).
Furthermore, the customs agents depended on other authorities, such as local courts, royal governors, and the Admiralty courts, to enforce their decisions. Yet both the royal governors and the Admiralty courts –controlled from London–were almost always over-matched by the colonial assemblies and the local courts–which were controlled by the colonies’ voters (see the discussions in subsequent chapters). These colonial authorities rarely upheld convictions based on the trade laws.
Nonetheless, the Navigation Acts worked well enough in some contexts, especially when their regulations coincided with the colonies’ own economic interests. For example, the prohibition against the use of “foreign” shipping rarely harmed, and even encouraged, the growing shipping industry in New England, because the colonies were part of the British empire. The requirement to export high-value, “enumerated” goods, which included tobacco (from the Chesapeake region), rice and indigo (from South Carolina), and naval timber and fish (from New England), only to Great Britain, sometimes needed little enforcement, because as Britain became the dominant maritime trading country it could offer the most secure shipping and access to the largest markets. Similarly, the requirement to import European goods only from Britain became less burdensome in the eighteenth century, as Britain emerged as a leading manufacturing nation.
Finally, it should be noted that, despite many complaints from merchants and seamen in the port towns, and even the occasional riot against British policies or seaport officials, throughout most of the colonial period–until the beginning of the Revolutionary era in about 1764–colonial leaders and the broader public that elected them never mounted any organized, inter-colonial protests against the Navigation Acts or any other British legislation concerning trade or economics. This broad acceptance of the trade laws was apparently based on the idea that the British government had the right to regulate and impose taxes on imports, exports, and overseas trade, which taxes would later be called “external,” as opposed to “internal” taxes on the domestic economy (see below in discussions related to the Stamp Act of 1765).
The lack of any sustained challenge to these laws no doubt also owed something to the fact that colonial traders depended on, and actively lobbied for, British military protection for their shipping. Though such protection was mostly lacking before the late seventeenth century, from then on the British navy began posting a few “guard ships” to protect against pirates, privateers, and foreign attacks in coastal zones, beginning with the Chesapeake in the 1680s. In a period of renewed warfare in the 1740s, a more fully developed system was established, with a few guard ships in each of the main colonial trading areas, including New England, New York, Virginia, and South Carolina. The British navy also organized naval escorts for commercial convoys that sailed across the Atlantic from the mainland each year, beginning again with the Chesapeake’s tobacco ships in the early 1700s.
Excerpted below are four of the Navigation Acts, of 1660, 1663, 1673, and 1696.
1. The Navigation Act of 1660
Modeled on the first Navigation Acts of 1650 and 1651, this act of 1660 restricted the colonial carrying trade to English (including colonial) ships, and it designated certain “enumerated” goods that should be exported only to England or to other English colonies.
[1] For the increase of shipping and encouragement of the navigation of this nation…, be it enacted by the king’s most excellent Majesty, and by the Lords and Commons in this present Parliament assembled…, that from Dec. 1, 1660, and from thenceforward, no goods or commodities whatsoever shall be imported into or exported out of any lands, islands, plantations, or territories [belonging] to his Majesty…, in Asia, Africa, or America, in any other ship or ships, vessel or vessels whatsoever, but in such ships or vessels as do truly and without fraud belong only to the people of England or Ireland, [or] Wales…, or are of the built of and belonging to any the said lands, islands, plantations, or territories, as the proprietors and right owners thereof, and whereof the master and three-fourths of the mariners at least are English. Under the penalty of the forfeiture and loss of all the goods and commodities which shall be imported into or exported out of any the aforesaid places in any other ship or vessel, as also of the ship or vessel, with all its guns, furniture, tackle, ammunition, and apparel… And all admirals and other commanders at sea of any the ships of war…are…required to seize and bring in as prize all such ships or vessels as shall have offended contrary hereunto, and deliver them to the court of admiralty, there to be proceeded against; and in case of condemnation, one [half] of such forfeitures shall be to the use of such admirals or commanders and their companies…, and the other [half] to the use of his Majesty…
[18] And it is further enacted…that from April 1, 1661, no sugars, tobacco, cotton, indigoes, ginger, fustic, or other dyeing wood, of the growth, production, or manufacture of any English plantations in America, Asia, or Africa, shall be shipped, carried, conveyed, or transported from any of the said English plantations to any land, island, territory, dominion, port, or place whatsoever, other than to such other English plantations as do belong to his Majesty…, or to the kingdom of England or Ireland, or principality of Wales…, there to be laid on shore; under the penalty of the forfeiture of the said goods, or the full value thereof, as also of the ship…
2. The Navigation (or Staple) Act of 1663
Besides reiterating earlier rules, this act added that all goods shipped to the colonies from Europe should first pass through England—where they could be taxed.
[5] And in regard his Majesty’s plantations beyond the seas are inhabited and peopled by his subjects; for the maintaining a greater correspondence and kindness between them, and keeping them in firmer dependence upon it, and rendering them yet more beneficial and advantageous in the increase of English shipping and seamen and of the sale of English woolen and other manufactures and commodities, it being the usage of other nations to keep their plantations’ trade to themselves.
[6] Be it enacted…that from…March 25, 1664, no commodity of the growth, production, or manufacture of Europe, shall be imported into any land, island, plantation, colony, territory, or place belonging to his Majesty…in Asia, Africa, or America…, but what shall be…laden and shipped in England or Wales…and in English built shipping…, and whereof the master and three-fourths of the mariners are at least are English…, under penalty of the loss of all such commodities…
[8] And for the better prevention of frauds, be it enacted…that from March 25, 1664…, no ship or vessel coming to any such land, island, plantation, etc., shall lade or unlade any goods or commodities whatsoever, until the master or commander of the said ship or vessel shall have first made known to the governor of such land, island, plantation, etc., …the arrival of the said ship or vessel…, and have shown to him that she is an English-built ship…, etc., and have delivered too such governor or other person or officer a true and perfect inventory or invoice of her lading…, under pain of the loss of the ship…
[9] And it is hereby further enacted that if any officer of the customs in England shall give any warrant for, or suffer any sugar, tobacco, ginger, cotton, indigo, speckle-wood, or other dyeing-wood [from] any of the said lands, islands, plantations, etc., to be carried into any other country or place whatsoever until they have been first unladen in some port or haven in England, that every officer for such offense shall forfeit his place.
3. The Navigation (or Plantation Duties) Act of 1673
This act tried to plug a loophole in the preceding Navigation Acts by taxing trade in the enumerated articles between colonies.
Whereas…it is permitted to ship…sugar, tobacco, cotton, indigo, ginger, fustick and all other dyeing-wood [from]…your Majesty’s plantations in America, Asia, or Africa…, to any of your Majesty’s plantations in those parts…and that without paying of custom for the same…[when buying ] for their own use…, the said inhabitants…, contrary to the express letter of the aforesaid laws, have brought into divers parts of Europe great quantities thereof… [it is enacted] that from Sept. 1, 1673, if any ship…shall come to any of your Majesty’s plantations…to take on board any of the said commodities, without bond that it is returning to England or Wales…, there shall be paid these following rates and duties: for sugar white, the hundred weight…5 shillings; for brown sugar, the hundred weight…1 shilling 6 pence; for tobacco, the pound, 1 penny; for cotton, the pound, one half penny; for indigo, the pound two pence…., etc., to be…paid…in their respective plantations…
4. The Navigation Act of 1696
This act reiterated most of the above regulations, clarifying in various ways how these laws were to be enforced, and added many new rules, all in an effort to better regulate and eliminate fraud in the colonial trade. Many details of this text concern how colonial customs’ agents and admiralty courts were supposed to operate. Finally, this law stipulates that its provisions nullify any colonial laws to the contrary.
[1] Whereas notwithstanding divers acts made for the encouragement of the navigation of this kingdom and for…regulating the plantation trade…, great abuses are daily committed to the prejudice of the English navigation, and the loss of a great part of the plantation trade to this kingdom… For remedy thereof for the future be it enacted:
[2] That after . . . [March 25, 1698], no goods or merchandises whatsoever shall be imported into or exported out of any colony or plantation [belonging] to His Majesty in Asia, Africa, or America…, or shall be laden in or carried from any one port or place in the said colonies or plantations to any other port or place in the same, the Kingdom of England, Dominion of Wales…in any ship…, but what is…built [in] England or…Ireland or the said colonies or plantations and wholly owned by the people thereof or any of them and navigated with the masters and three-fourths of the mariners of the said places only, except such ships only as are…taken prize [i.e., from an enemy], …and also except for the space of three years such foreign-built ships as shall be employed by…His Majesty’s Navy…in bringing only masts, timber, and other naval stores…, under pain of forfeiture of ship and goods….
[6] …and that the officers for collecting and managing His Majesty’s revenue and inspecting the plantation trade in any of the said plantations shall have the…authority for visiting and searching of ships and taking their entries and for seizing and securing or bringing on shore any of the goods prohibited…or for which any duties are payable, …and also to enter houses or warehouses to search for and seize any such goods….
[9] …and that all laws, by-laws, usages or customs…in any of the said plantations, which are in any wise repugnant to the before mentioned laws…or to this present act…, are illegal, null and void…
[11] …and that…the commissioners of the customs of England…may…appoint…officers of the customs in any city, town, river, port, harbor or creek…, and that upon any actions, suits, and informations that shall be brought…in the said plantations, upon any law or statute concerning his Majesty’s duties…, there shall not be any jury, but of such only as are natives of England or Ireland, or are born in his Majesty’s said plantations…
[17] And for a more effectual prevention of frauds which may be used to elude the intention of this act by coloring foreign ships under English names, be it further enacted…, that from and after…[March 25, 1698], no ship or vessel whatsoever shall be deemed…as a ship of…England, Ireland, Wales….or of any of His Majesty’s plantations in America…, until the person or persons claiming property in such ship or vessel shall register the same…before the collector and comptroller of His Majesty’s customs.
Sources: for the full texts of these acts, see the Statutes of the Realm: Volume 5, 1628-80, ed. John Raithby (1819), online at: British History Online, http://www.british-history.ac.uk/statutes-realm/vol5/, pp. 246-250 (Charles II, 1660); pp. 449-52 (Charles II, 1663); pp. 792-3 (Charles II, 1672); and Vol. 7, 1695-1701, ed. John Raithby (1820), http://www.british-history.ac.uk/statutes-realm/vol7/, pp. 103-107 (William III, 1695-6).