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MAY, 1789.]

Duties on Imports.

[H. OF R.

a gallon of rum at fifteen cents; yet I do not remember to have heard gentlemen contend against the duty on teas on that account. If revenue is to be raised by way of impost, we must select those articles that are least liable to become objects of illicit trade. I believe a proper attention has been paid to this point, and am, therefore, well satisfied with the list contained in the bill.

The Eastern States cannot be viewed in the odious light which is reflected upon them on account of their former conduct. That they combined in a system of smuggling was accident; it does not belong to their patriotic spirit; they are, I flatter myself, the friends of good government; they know the value of union, and would do nothing from principle to injure the general welfare. At the time when they defeated the machinations of a British Parliament to effect their ruin, they looked upon the measures not only as oppressive, but unconstitutional and unjust, and the man who opposed them with vigor and success was regarded as his country's friend. But the contrary will now be the case, and the man who shall aim at the destruction of his country by frauds on her revenue will be considered her greatest enemy. The man who can stab to the vitals and spill the heart's blood of the Government (for money is the vital principle) must be base indeed. These cir-ring the current year. The expense on the civil cumstances will make a deep impression on every mind, and each will furnish his individual aid to obtain the full and due execution of the law. If this spirit prevail, and become general, there will be no difficulty in carrying the regulation into operation.

Mr. FITZSIMONS.-I have listened with an anxious desire of hearing something important on the question which now agitates the committee; but I must say that nothing of that kind has reached me. There has not a single argument been used this day but what has been urged before. After this remark it will not be expected that I should take up the time of the committee by making a reply to what I conceive has been fully replied to already. But as much has been said respecting the public opinion on the amount of the duties, I must beg them to excuse me a few words on that point.

A gentleman from Virginia (Mr. BLAND) has said that the present scale of duties will raise a revenue of 13,000,000 dollars. If he is well founded in this opinion, most certainly the duties ought to be reduced, because it is a much larger sum than the wants of the Union require; but I cannot flatter myself into such a belief; thirteen millions of dollars is too great a sum to be expected, even if all the powers and exertions of Congress were drawn into action. But let us examine what may be the wants of the United States du

list cannot be estimated with accuracy for want of an establishment of the various departments; but it will probably equal the expense of the late Congress, if you conceive the members of the Legislature to be paid out of the Federal Treasury; add to this the sums stated to be arrearages by an estimate I have seen from the Board of Treasury, it will amount to four millions five hundred and ninety-seven thousand dollars; then the instalments of the foreign debt, together with interest on the same, and interest on the domestic debt, for which provision remains to be made, will probably increase it to eight millions of dollars. Now, if gentlemen apprehend we shall raise more revenue than that sum within the current year, it will operate as a strong motive upon them to vote for the reduction of the duties; and if gentlemen suppose that the duty is so high upon rum as to convince them it will inevitably be evaded, it will be a sufficient argument to induce them to vote for the present motion.

With respect to the opinion of commercial men-and I live in a State where commerce is pretty well understood and pursued, a State whose The collection of our revenue has been comimports are as great as any in the Union-from pared to the collection of Great Britain; but she that quarter I have received information differing collects four shillings sterling per gallon on West essentially from what has been stated by the gen-India rum, six times as much as we have agreed tleman from Massachusetts; so far are they from complaining of them in that State, that they think them rather low; they have no doubt as to the collection. Having heard the same sentiment from other quarters, I think, so far as the commercial opinion can be ascertained, I may venture to assert it is in favor of the duties agreed to. The particular article of spirits is peculiarly fitted for raising a considerable duty; it is of small value, great bulk, and general consumption. These are circumstances which make the revenue certain and important. If gentlemen believe rum an irresistible temptation at fifteen cents per gallon, they must imagine several articles charged but five per cent. ad valorem equally so, because they can be smuggled with greater profit and less risk of detection. A man can carry on his shoulders valuable goods subjected to a duty of five times as great an amount as what is charged upon a hogshead of rum. A pound of Hyson tea at two shillings is a greater incentive to smuggling than 1st CoN.-11

to, and yet I believe a very unimportant quantity of Jamaica spirits is smuggled into that kingdom. The smuggling trade is mostly carried on from France and the Netherlands, in small vessels, where the risk and insurance is inconsiderable. I believe large vessels are very seldom concerned in such contraband trade, because they hazard more than overbalances every consideration of profit resulting from success. The circumstances of America and Britain are different; America is remote from commercial nations, and European goods that are made dutiable by this law must generally be imported in vessels of considerable value. If the owner attempts to save a part of the duties, or evade the laws, he will risk the whole, for, I trust, Congress will not neglect any security that may be derived from sufficient penalties upon the violators of the law. For my part, I have no doubt but the revenue will be faithfully collected; but certainly there are many other articles more liable to objection on this account

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than rum, yet there was no adverse argument urged against them: therefore I suppose the committee were satisfied with them as they stand. Mr. AMES. The gentleman from Pennsylvania set out with informing us that nothing new had or could be offered on the subject; yet you found, Mr. Chairman, the gentleman had a good deal to say, which I thought new and much to the purpose. As to applying the observation to myself, in common with the advocates for low duties, I shall decline it, only noting that the long discussion which the subject has had would restrain me from rising on this occasion more than any remarks of the nature made by the gentlemen from Pennsylvania and Connecticut; but I am actuated by higher motives than a regard to my own feelings, otherwise I should come reluctantly forward to press arguments which the committee may be fatigued with listening to. But I feel such strong impressions on my mind, with regard to the effects our impost law is likely to produce, that I cannot pass it over with a silent vote. I must admonish gentlemen that the events which may result from our present measures are of the most alarming nature. When I was up before, I endeavored to show the degree of power the Government could exercise without being charged with an ill administration.

I shall now proceed briefly to consider the arguments used in reply to what has been advanced by the advocates for moderate duties. I believe it is a good rule to judge of the strength of a cause by the arguments used to defend it; and here I must take the liberty of saying that the gentlemen on the other side of the question have adduced not one to support their opinion that has carried conviction to my mind. I consider that, by a decision of this question, the good which the new Government is expected to produce may be rendered problematical. Though I am fully impressed with the necessity there is for revenue to supply the public expenses, yet I cannot believe we are likely to obtain more by heavy duties than by temperate ones, and it is to this point that my arguments tend. I do not believe that in either case we shall procure fully sufficient to supply the public demands. If we have to procure eight millions of dollars, I venture to say not near the half could be raised by an impost system; but admitting that it could by a high scale of duties for the first year, it could not be done in the subsequent ones. Now, I regard this as a permanent system of revenue rather than a productive one; if it is laid high, you will find your collection annually diminish. Now, will any Government take such measures in gathering in its harvest as to ruin the soil? Will they rack-rent their tenants in such a manner as to deprive them of the means of improving the estate? Such can never be the policy of this enlightened country. We know, from the fundamental principles of republics, that public opinion gives the tone to every action of the Government-the laws ought to correspond with the habits and manners, nay, I may almost add, wishes of the people.

Well, Mr. Chairman, we are told a tax upon

[MAY, 1789.

rum is popular; I will agree with the gentlemen; but still a high duty will induce people to run it, and though the consumer may pay the tax without complaining, yet it will go into the pockets of individuals who defraud your revenue. Gentlemen have complained that we do not offer a substitute for what we find fault with. I will · endeavor to explain a system I would place in the room of this. I would reduce the duties generally so low as to hold out no encouragement to smuggling; in this case it is more than probable the amount of the impost at the end of one year would exceed the collection under the present rate. By giving this proof of moderation and wisdom, we should obtain the public favor and confidence; the Government would be acquiring strength, its movements would be more certain, and we could in every subsequent year extend the system and make the whole productive; then it would be in the power of Government, by aids, to improve our agriculture, manufactures, and commerce. Our imports are now very great; by the increase of our commerce we shall probably find our revenue produce twice as much seven years hence as it can be expected to do at present.

The duty on West India rum is moderate and popular, say gentlemen; it is not the interest of Massachusetts that it should be reduced; so I am arguing against the interest of the State I have the honor to represent. The higher the duty on West India rum, the more country rum will be used; but I should sacrifice the sacred trust deposited in my hands if I were to be actuated by a local motive of this nature. The higher the duty, the more officers must be multiplied, the more guards must be employed, the more troops must be kept in pay, for the suppression of clandestine trade. Under high duties, the people will pay much, the Government receive little. Will they not, then, justly complain of the useless burdens you have imposed? Useless I call them, unless Government have in contemplation to make them conducive to oppress and injure their constituents. If you punish severely the breach of your laws, will not the people combine against them? Will it not be an additional source of dissatisfaction, that the attempts to relieve them are unsuccessful? If gentlemen consider this subject seriously, they will see cause to be alarmed. Who, in this case, can you apply to for support? Not to the people, they want an alleviation of their miseries; you have, then, nothing left but the impotency of a Government not sufficiently matured to support itself.

Gentlemen say that the funds to be produced by the proposed impost are insufficient for the public demands: if so, why not stop somewhat shorter? If we must have recourse to some other mode of obtaining revenue, let us divide the burden, and not destroy one means by loading it too heavily; if we do, the other means will not only have its own proportion to sustain, but the accumulation of its weakened fellow. Or, do gentlemen suppose they will clear the United States of incumbrances by one effort? They do

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not. Why are we to grasp at so much in this way? It would be much better to call in the aid of other taxes and excises, than, by overloading, depress one of the most capable and valuable funds in our possession. Under the British Government, they have excise, stamp duties, impost, malt, and land-tax, from which to defray their expenses; why should we endeavor to do that with a single fund, when we have more in our power?

The gentleman from Pennsylvania (Mr. FITZSIMONS) has mentioned the great probability there is of getting a great duty from this article, because the consumption is more extensive in the United States than in any other part of the world; but this circumstance will furnish a strong inducement to smuggle. He says there is but a small quantity of rum smuggled into England. Gentlemen no doubt consider that Great Britain is an island well watched; her cutters and custom-house boats are ever on the look-out; but, with all these guards, and the advantage of her insular situation, she is unable to prevent smuggling.

It has been remarked, that under the State laws, experience has taught us that such duties as the bill has in contemplation can be collected; and the gentleman says, if they be collected under the State laws, they can be collected under this Government. If they have been able to collect high duties in Virginia, it is because their trade is confined to enter at one channel. But it is not so with the Eastern States; there every attempt to raise high duties has proved ineffectual; and the universal opinion there is, that five per cent. would be more productive of revenue than fifty. This is not mere matter of opinion, as has been said, but is demonstrable from facts. The principle of taxation is to produce the greatest sum of money with the greatest ease to the community. If a gentleman in trade has on hand a cargo of rum, he is able to afford it at a less price than the person who imports it subject to these duties; therefore, the latter will be under the necessity of smuggling, or storing his commodities, for he cannot afford to sell at a loss. A gentleman has mentioned, that if we do not succeed in the collection of these duties, we may lower them. But will any gentleman say, that if we lose our duty by the establishment of a system of smuggling, we shall not continue to lose after the law shall be repealed, and a lower rate of duties is imposed? If gentlemen depend upon this fund alone, I think they ought not to strain it too much; though I do not know why we should not take to our aid an excise duty; it certainly is not unpopular as it respects the distillation of spirits. If I were an enemy to the Constitution, I should be an advocate for high duties; because it would disgust the people, and render the Government unpopular; but, as I am a sincere friend to the Government now established, and desire its perpetuity, I am against any measure which I think will endanger its existence.

Mr. MADISON.-Let us compare the probable amount of the revenue proposed to be raised by

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this system, with what is raised in Great Britain, and we shall be apt to infer that they are not so oppressive as gentlemen seem to insinuate. Taking the highest estimate that I have heard mentioned, and it will not produce three millions of dollars. The population of the United States exceeds three millions of souls, hence the tax does not amount to one dollar per head. Great Britain, on the highest estimation, does not contain eight millions of inhabitants, and has an annual revenue to provide of thirteen millions sterling. It is true she has recourse to other means beside an impost for the purpose of obtaining such a revenue; but those other means are certainly more objectionable in that country, and would be much more so here. Each individual of that kingdom pays eight times as much as is required by the United States; now, where is the propriety of making a comparison between them?

Mr. BALDWIN asked if the Government of the United States of America was four or five times worse to be administered than the Governments in Europe? Whether the public opinion was four or five times more unfavorable to such an administration? If these questions are answered in the affirmative, then the inferences which gentlemen have drawn of the impracticability of collecting the duties laid in the bill, are just. But this is not allowing the General Government the common chance of executing its laws. If it were the worst Government on earth, it might be allowed a chance of doing one quarter of what others perform. If we find by experience, that we are too weak to execute a system which is so much easier than other nations have adopted, it may be proper to alter it. We shall be better able to judge how far we are likely to succeed, when the bill for the collection of the revenue is brought forward. Such a bill is now in the hands of a committee, and it is to be hoped, when they report it, it will be found sufficient to insure the collection; till then, it will be best to continue the rate as it stands.

Mr. BOUDINOT.-When we consider the arguments of gentlemen on both sides of this question, we shall find they do not differ so much as, on a superficial view, gentlemen may be led to imagine. It is agreed, that a revenue must be obtained adequate to our wants; but some gentlemen think we shall not receive a greater sum because we lay a high duty; in this opinion I am with them. I think the present is a favorable time to lay an impost duty, and expect very considerable aid from the public spirit; but I am in favor of a low duty, because I would do nothing to check that spirit. If we lay high duties, and a man finds smuggling the most profitable business he can follow, we shall have to contend with private interest. If we lay a light duty of thirty or forty per cent., the temptation will be too strong for resistance, and the sum collected may not amount to ten per cent. on the whole importation; whereas, if we lay twenty or fifteen per cent., the whole may probably be collected, and the treasury be better filled, because it does not

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hold out so strong an inducement to evade the payment of the duties.

Another objection has been stated which is of great weight: a system of high duties will necessarily engage us in a system of drawbacks. If we are forced into this measure, it will be a great injury to the revenue.

We ought also to consider the inconvenience to which high duties will subject our merchants. It is a common case in America that our mercantile capitals are limited. Gentlemen engaged in commerce can ill spare so large a proportion in the payment of duties.

It has been mentioned by gentlemen, that Great Britain collects four shillings sterling per gallon on rum; yet she is exposed to great difficulties in obtaining it. But I ask gentlemen, whether Great Britain ever laid such a high duty in the first instance as we are about to impose? I believe they did not: they began, I apprehend, with moderate duties, and increased them as circumstances authorized, when the people became habituated to the imposition. This is the very principle I wish to adopt, and show the world that our conduct is founded in wisdom, propriety, and experience. If we shall discover our mistake in laying high duties, and are driven by necessity to reduce them, such measures will operate to the injury of the fair trader; whereas, if we increase them by degrees, it will be rather favorable to their interest than otherwise; at all events, it will injure none.

If a sense of the committee could be obtained on a general reduction of ten or fifteen per cent. on the rate the articles now stand at, I should be glad to vote in favor of such a motion; but I could not approve of reducing the article of rum alone, because I do not think it charged out of proportion with the others.

Mr. JACKSON differed from his colleague, (Mr. BALDWIN.) He thought, although the British laid four shillings on rum, they did not collect it; and that their custom-house establishments were so expensive as to leave a mere trifle for the net produce of the impost duty. If America employed such a host of revenue officers as to secure the payment of high duties, there would be very little left, after compensating their services, to supply the federal treasury.

Mr. WADSWORTH desired gentlemen to consider that the citizens of the United States owned vessels as well calculated for smuggling as any that were employed between the Netherlands and England; therefore, they had little more security against smuggling than Great Britain.

Mr. JACKSON.-It was well observed by the honorable gentleman from Connecticut, (Mr. WADSWORTH,) that America has vessels well adapted for smuggling: I can declare it, from my own knowledge, to be the fact. It is not, Mr. Chairman, the large vessels coming off long voyages that we are to apprehend danger from; it is our coasters, small vessels constantly coming in and going out; these can run goods from foreign ports adjacent to the United States; they are best acquainted with the unfrequented parts,

[MAY, 1789.

where they can deposite their cargoes with safety, and will make use of these advantages to defraud your revenue.

With regard to the equity of the impost system, I conceive direct taxation will be more equitable. We, in the Southern States, shall then pay in proportion to our numbers; but under this law we shall contribute much more.

Gentlemen talk of improving the morals of the people by taxation. For my part, I conceive revenue has nothing to do with the morals of the people; therefore such considerations have no weight on my mind. All that I contemplate is, drawing as much money as we can with equity; and here I believe more can be obtained by a less impost than by a greater; therefore, I am in favor of reducing the duties. It will likewise be more honorable to the Government to begin gradually and win the affections of the people, rather than disgust them by oppressive measures; for, if we lose their confidence, we lose our power and authority.

Mr. GERRY. It appears to me, that gentlemen place their arguments on the name of high duties, rather than on principle; for if they were certain that the energy of Government would effect all they aspire at, then it would follow, that we have nothing more to do than to name the sum we want. But if these ideas are not well supported, the superstructure they have raised upon them must fall to the ground. The energy of your Government depends upon the approbation of the people. No doubt the citizens of the United States will support the Government they have adopted, so long as they approve the measures it pursues, but no longer. Gentlemen trust much, on this occasion, to the co-operation which they expect from their constituents; but I would wish them to examine this argument. These duties are to be collected from the several States into which certain goods are imported. If the people of Massachusetts shall conceive any particular duty peculiarly oppressive on them, they will seek to evade it. This opens a door for smuggling all the other articles.

I conceive gentlemen to be mistaken with respect to the effects which high duties will produce on the mercantile interest. I think there cannot be a doubt but they will be obliged to smuggle; if they mean to continue their business, their capital will be insufficient for the purposes of commerce and the payment of high duties. Gentlemen will not draw knowledge from the experience of Great Britain; therefore, it is unnecessary to adduce her example. But let us see what we are taught by the practice of our own States. Massachusetts drew a very considerable revenue from an impost; she lately tried to increase it by doubling the duties; but, instead of doing so, they found the revenue lessened, and they were obliged to alter what they had so injudiciously attempted. I am willing to suppose with gentlemen, that the Government is invested by the Constitution with sufficient energy to carry any regulation of this kind into effect; but is this the time to try the energy of your Government, when your com

MAY, 1789.]

Duties on Imports.

[H.OF R.

payment of the duties. As mankind was governed by interest, it required all the attention of the Government to prevent a breach of the law; because, when the banks and bulwarks of defence were once broken down, the full tide of clandestine commerce would overflow the country. Gentended the depreciation of the late Continental money. Some persons, from motives of interest or necessity, first made a distinction between it and specie, and although every exertion was made by the patriotic among our citizens to prevent the alarming evil, yet every thing was insufficient; they were at length obliged to acquiesce in measures they could not prevent. This was the case on that occasion, and will be the case whenever our laws or regulations run counter to private interest.

merce is struggling with every kind of difficulty and embarrassment? Formerly, our merchants were able to extend their operations by the means of an established credit in Britain; but unfortunately this is no longer the case. How, then, is it possible they can continue their trade when you lop off another part of their capital? Be-tlemen recollected the circumstances which atsides, as was said by the worthy gentleman from Virginia, (Mr. BLAND,) there is not money enough in the United States to pay the duties. I believe it is well known, that our commerce is greatly distressed by the universal want of specie; there has not been less in circulation for many years than there is at this time. Gentlemen who have property cannot convert it into money; then how will the merchant be able to raise cash for the payment of duties equal to thirty or forty per cent. on his capital? These are serious and alarming circumstances, and such as prove to my mind that commerce was never less able to bear a high impost than at present, nor ever stood in greater need of the fostering hand of Government for its support. If gentlemen are convinced of the truth of these observations, and they are so notorious that they cannot have escaped the knowledge of any one, they will see the necessity of turning their attention to the encouragement of navigation and trade, rather than think of draw-quire; if they are not, we shall never restore the ing an oppressive revenue from them.

When gentlemen compare these duties with those collected in Great Britain, they ought to consider that the mercantile capital in this country bears no kind of proportion to the capital of that kingdom. When gentlemen tell us that England raises four times as much by way of impost, do they not know that the capital engaged in the commerce of that nation is ten times as great as in America? If they admit this, then it follows that we cannot pretend, with equal ease, to levy a quarter of what is there collected.

I do not pretend to deny the necessity we are under of raising revenue, or that an impost is the most certain and agreeable means in our power; but I contend against straining the duties so high as to make them burdensome, and occasion the establishment of a clandestine trade, which will prove destructive of the end we aim at.

Mr. SHERMAN.-The gentleman from Massachusetts (Mr. AMES) has said, that because we cannot raise the whole sum necessary to supply our wants, we should be content to stop half way. I know we shall not be able to obtain money enough by the impost to pay off our whole debt, but then I wish to raise as much as possible in this way. I believe the people are able to pay as much as the necessities of the Government re

public credit, which is one of the chief ends of our appointment. I believe they are not only able but willing to contribute sufficient for this purpose. The resources of this country are very great if they are properly called into action; and although they may not be so great as those of Britain, yet it should be remembered, that nation has occasion for twelve times as much revenue as the United States.

Gentlemen have had recourse to popular opinion in support of their arguments. Popular opinion is founded in justice, and the only way to know if the popular opinion is in favor of a measure, is to examine whether the measure is just and right in itself. I think whatever is proper and right, the people will judge of and comply with. The people wish that the Government may derive respect from the justice of its measures; they have given it their support on this Mr. MADISON submitted, whether the burden account. I believe the popular opinion is in favor would not operate more on the Southern States of raising a revenue to pay our debts, and if we than the Northern. The duties could be collected do right, they will not neglect their duty; therein the Middle States, this was proved by the ex-fore, the arguments that are urged in favor of a perience of some years; for they had collected in those States, in many instances, duties nearly equal to what were proposed. In the Eastern States, it was the interest of the manufacturers to see the duties were well collected; they had been imposed to favor their interests. The distillers would exert themselves in aiding the Government to collect the duty on foreign rum, because it particularly interfered with country rum; from hence he concluded that the impost could be collected with tolerable certainty even in that country most convenient for carrying on a clandestine trade.

Mr. AMES contended that it would be the particular interest of one set of men to evade the

low duty will prove that the people are contented with what the bill proposes. The people at this time pay a higher duty on imported rum than what is proposed in this system, even in Massachusetts; it is true it is partly laid by way of excise, but I can see no reason against doing it in this way as well as the other.

The article of molasses is a good deal used in that country, but I do not think it so much a necessary of life but that every citizen could live without it; and I believe the people would be very well contented to contribute their proportion of the public expenses by a small duty on that article. Those who consume foreign luxuries are generally able to pay for them. When gentlemen

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