REPORT OF THE SECRETARY of the TREASURY TO THE HOUSE of REPRESENTATIVES, RELATIVE TO A PROVISION FOR THE SUPPORT OF THE PUBLIC CREDIT OF THE UNITED STATES, IN CONFORMITY TO A RESOLUTION OF THE TWENTY-FIRST DAY OF SEPTEMBER, 1789.
PRESENTED TO THE HOUSE ON THURSDAY THE 14th DAY OF JANUARY, 1790.
PUBLISHED BY ORDER OF THE HOUSE OF REPRESENTATIVES.
NEW YORK: PRINTED BY FRANCIS CHILDS AND JOHN SWAINE. M,DCC,XC.
REPORT OF THE SECRETARY OF THE TREASURY TO THE HOUSE OF REPRESENTATIVES.
THE Secretary of the Treasury, in obedience to the resolution of the House of Representatives, of the twenty-first day of September last, has, during the recess of Congress, applied himself to the consideration of a proper plan for the support of the Public Credit, with all the attention which was due to the authority of the House, and to the magnitude of the object.
In the discharge of this duty, he has felt, in no small degree, the anxieties which naturally flow from a just estimate of the difficulty of the task, from a well-founded diffidence of his own qualifications for executing it with success, and from a deep and solemn conviction of the momentous nature of the truth contained in the resolution under which his investigations have been conducted, "That an adequate provision for the support of the Public Credit, is a matter of high importance to the honor and prosperity of the United States."
With an ardent desire that his well-m [...]ant endeavors may be conducive to the real advantage of the nation, and with the utmost deference to the superior judgment of the House, he now respectfully submits the result of his enquiries and reflections, to their indulgent construction.
In the opinion of the Secretary, the wisdom of the House, in giving their explicit sanction to the proposition which has been stated, cannot but be applauded by all, who will seriously consider, and trace through their obvious consequences, these plain and undeniable truths.—
That exigencies are to be expected to occur, in the affairs of nations, in which there will be a necessity for borrowing.—
That loans in times of public danger, especially from foreign war, are found an indispensable resource, even [...] the wealthiest of them.—
And that in [...] c [...]untry, which, like this, is possessed of little active wealth, or in other words, little monied capit [...] the necessity for that resource, must, in such emergencies, be proportionably urgent.
And as on the one hand, the necessity for borrowing in particular emergencies cannot be doubted, so on the other, it is equally evident, that to be able to borrow upon good terms, it is essential that the credit of a nation should be well established.
For when the credit of a country is in any degree questionable, it never fails to give an extravagant premium, in one shape or another, upon all the loans it has occasion to make. Nor does the evil end here; the same disadvantage must be sustained upon whatever is to be bought on terms of future payment.
From this constant necessity of borrowing and buying dear, it is easy to conceive how immensely the expences of a nation, in a course of time, will be augmented by an unsound state of the public credit.
To attempt to enumerate the complicated variety of mischiefs in the whole system of the social oeconomy, which proceed from a neglect of the maxims that uphold public credit, and justify the solicitude manifested by the House on this point, would be an improper intrusion on their time and patience.
In so strong a light nevertheless do they appear to the Secretary, that on their due observance at the present critical juncture, materially depends, in his judgment, the individual and aggregate prosperity of the citizens of the United States; their relief from the embarrassments they now experience; their character as a People; the cause of good government.
[Page 4]If the maintenance of public credit, then, be truly so important, the next enquiry which suggests itself is, by what means it is to be effected?—The ready answer to which question is, by good faith, by a punctual performance of contracts. States, like individuals, who observe their engagements, are respected and trusted: while the reverse is the fate of those, who pursue an opposite conduct.
Every breach of the public engagements, whether from choice or necessity, is in differ [...]nt degrees hurtful to public credit. When such a necessity does truly exist, the evils of it are only to be palliated by a scrupulous attention, on the part of the government, to carry the violation no farther than the necessity absolutely requires, and to manifest, if the nature of the case admits of it, a sincere disposition to make reparation, whenever circumstances shall permit. But with every possible mitigation, credit must suffer, and numerous mischiefs ensue. It is therefore highly important, when an appearance of necessity seems to press upon the public councils, that they should examine well its reality, and be perfectly assured, that there is no method of escaping from it, before they yield to its suggestions. For though it cannot safely be affirmed, that occasions have never existed, or may not exist, in which violations of the public faith, in this respect, are inevitable; yet there is great reason to believe, that they exist far less frequently than precedents indicate; and are oftenest either pretended through levity, or want of firmness, or supposed through want of knowledge. Expedients might often have been devised to effect, consistently with good faith, what has been done in contravention of it. Those who are most commonly creditors of a nation, are, generally speaking, enlightened men; and there are signal examples to warrant a conclusion, that when a candid and fair appea [...] is made to them, they will understand their true interest too well to refuse their concurrence in such modifications of their claims, as any real necessity may demand.
While the observance of that good faith, which is the basis of public credit, is recommended by the strongest inducements of political expediency, it is enforced by considerations of still greater authority. There are arguments for it, which rest on the immutable principles of moral obligation. And in proportion as the mind is disposed to contemplate, in the order of Providence, an intimate connection between public virtue and public happiness, will be its repugnancy to a violation of those principles.
This reflection derives additional strength from the nature of the debt of the United States. It was the price of liberty. The faith of America has been repeatedly pledged for it, and with solemnities, that give peculiar force to the obligation. There is indeed reason to regret that it has not hitherto been kept; that the necessities of the war, conspiring with inexperience in the subjects of finance, produced direct infractions; and that the subsequent period has been a continued scene of negative violation, or non-compliance. But a dimunition of this regret arises from the reflection, that the last seven years have exhibited an earnest and uniform effort, on the part of the government of the union, to retrieve the national credit, by doing justice to the creditors of the nation; and that the embarrassments of a defective constitution, which defeated this laudable effort, have ceased.
From this evidence of a favorable disposition, given by the former government, the institution of a new one, cloathed with powers competent to calling forth the resources of the community, has excited correspondent expectations. A general belief, accordingly, prevails, that the credit of the United States will quickly be established on the firm foundation of an effectual provision for the existing debt. The influence, which this has had at home, is witnessed by the rapid increase, that has taken place in the market value of the public securities. From January to November, they rose thirty-three and a third per cent, and from that period to this time, they have risen fifty per cent more. And the intelligence from abroad announces effects proportionably favourable to our national credit and consequence.
It cannot but merit particular attention, that among ourselves the most enlightened friends of good government are those, whose expectations are the highest.
To justify and preserve their confidence; to promote the encreasing respectability of the American name; to answer the calls of justice; to restore landed property to its due value; to furnish new resources both to agriculture and commerce; to cement more closely the union of the states; to add to their security against foreign attack; to establish public order on the basis of an upright and liberal policy.—These are the great and invaluable ends to be secured, by a proper and adequate provision, at the present period, for the support of public credit.
To this provision we are invited, not only by the general considerations, which have been noticed, but by others of a more particular nature. It will procure to every class of the community some important advantages, and remove some no less important disadvantages.
The advantage to the public creditors from the increased value of that part of their property which constitutes the public debt, needs no explanation.
But there is a consequence of this, less obvious, though not less true, in which every other citizen is interested. It is a well known fact, that in countries in which the national debt is properly funded, and an object of established confidence, it answers most of the purposes of money. [Page 5] Transfers of stock or public debt are there equivalent to payments in specie; or in other words, stock, in the principal transactions of business, passes current as specie.—The same thing would, in all probability happen here, under the like circumstances.
The benefits of this are various and obvious.—
First. Trade is extended by it; because there is a larger capital to carry it on, and the merchant can at the same time, afford to trade for smaller profits; as his stock, which, when unemployed, brings him in an interest from the government, serves him also as money, when he has a call for it in his commercial operations.
Secondly. Agriculture and manufactures are also promoted by it: For the like reason, that more capital can be commanded to be employed in both; and because the merchant, whose enterprize in foreign trade, gives to them activity and extension, has greater means for enterprize.
Thirdly. The interest of money will be lowered by it; for this is always in a ratio, to the quantity of money, and to the quickness of circulation. This circumstance will enable both the public and individuals to borrow on easier and cheaper terms.
And from the combination of these effects, additional aids will be furnished to labour, to industry, and to arts of every kind.
But these good effects of a public debt are only to be looked for, when, by being well funded, it has acquired an adequate and stable value. Till then, it has rather a contrary tendency. The fluctuation and insecurity incident to it in an unfunded state, render it a mere commodity, and a precarious one. As such, being only an object of occasional and particular speculation, all the money applied to it is so much diverted from the more useful channels of circulation, for which the thing itself affords no substitute: So that, in fact, one serious inconvenience of an unfunded debt is, that it contributes to the scarcity of money.
This distinction which has been little if at all attended to, is of the greatest moment. It involves a question immediately interesting to every part of the community; which is no other than this—Whether the public debt, by a provision for it on true principles, shall be rendered a substitute for money; or whether, by being left as it is, or by being provided for in such a manner as will wound those principles, and destroy confidence, it shall be suffered to continue, as it is, a pernicious drain of our cash from the channels of productive industry.
The effect, which the funding of the public debt, on right principles, would have upon landed property, is one of the circumstances attending such an arrangement, which has been least adverted to, though it deserves the most particular attention. The present depreciated state of that species of property is a serious calamity. The value of cultivated lands, in most of the states, has fallen since the revolution from 25 to 50 per cent. In those farthest south, the decrease is still more considerable. Indeed, if the representations, continually received from that quarter, may be credited, lands there will command no price, which may not be deemed an almost total sacrifice.
This decrease, in the value of lands, ought, in a great measure, to be attributed to the scarcity of money.—Consequently whatever produces an augmentation of the monied capital of the country, must have a proportional effect in raising that value. The beneficial tendency of a funded debt, in this respect, has been manifested by the most decisive experience in Great-Britain.
The proprietors of lands would not only feel the benefit of this increase in the value of their property, and of a more prompt and better sale, when they had occasion to sell; but the necessity of selling would be, itself, greatly diminished. As the same cause would contribute to the facility of loans, there is reason to believe, that such of them as are indebted, would be able through that resource, to satisfy their more urgent creditors.
It ought not however to be expected, that the advantages, described as likely to result from funding the public debt, would be instantaneous. It might require some time to bring the value of stock to its natural level, and to attach to it that fixed confidence, which is necessary to its quality as money. Yet the late rapid rise of the public securities encourages an expectation, that the progress of stock to the desireable point, will be much more expeditious than could have been foreseen. And as in the mean time it will be increasing in value, there is room to conclude, that it will, from the outset, answer many of the purpos [...]s in contemplation. Particularly it seems to be probable, that from creditors, who are not themselves necessitous, it will early meet with a ready reception in payment of debts, at its current price.
Having now taken a concise view of the inducements to a proper provision for the public debt, the next enquiry which presents itself is, what ought to be the nature of such a provision? This requires some preliminary discussions.
It is agreed on all hands, that that part of the debt which has been contracted abroad, and is denominated the foreign debt, ought to be provided for, according to the precise terms of the contracts relating to it. The discussions, which can arise, therefore, will have reference essentially to the domestic part of it, or to that which has been contracted at home, It is to be regretted, that there is not the same unanimity of sentiment on this part, as on the other.
[Page 6]The Secretary has too much deference for the opinions of every part of the community, not to have observed one, which has, more than once, made its appearance in the public prints, and which is occasionally to be met with in conversation. It involves this question, whether a discrimination ought not to be made between original holders of the public securities, and present possessors, by purchase. Those who advocate a discrimination are for making a full provision for the securities of the former, at their nominal value; but contend, that the latter ought to receive no more than the cost to them, and the interest: And the idea is sometimes suggested of making good the difference to the primitive possessor.
In favor of this scheme, it is alledged, that it would be unreasonable to pay twenty shillings in the pound, to one who had not given more for it than three or four. And it is added, that it would be hard to aggravate the misfortune of the first owner, who, probably through necessity, parted with his property at so great a loss, by obliging him to contribute to the profit of the person, who had speculated on his distresses.
The Secretary, after the most mature reflection on the force of this argument, is induced to reject the doctrine it contains, as equally unjust and impolitic, as highly injurious, even to the original holders of public securities;—as ruinous to public credit.
It is inconsistent with justice, because in the first place, it is a breach of contract; in violation of the rights of a fair purchaser.
The nature of the contract in its origin, is, that the public will pay the sum expressed in the security, to the first holder, or his assignee. The intent, in making the security assignable, is, that the proprietor may be able to make use of his property, by selling it for as much as it may be worth in the market, and that the buyer may be safe in the purchase.
Every buyer therefore stands exactly in the place of the seller—has the same right with him to the identical sum expressed in the security, and having acquired that right, by fair purchase, and in conformity to the original agreement and intention of the government, his claim cannot be disputed, without manifest injustice.
That he is to be considered as a fair purchaser, results from this: Whatever necessity the seller may have been under, was occasioned by the government, in not making a proper provision for its debts. The buyer had no agency in it, and therefore ought not to suffer. He is not even chargeable with having taken an undue advantage. He paid what the commodity was worth in the market, and took the risks of reimbursement upon himself. He of course gave a fair equivalent, and ought to reap the benefit of his hazard; a hazard which was far from inconsiderable, and which, perhaps, turned on little less [...] a revolution in government.
That the case of those, who [...] with their securities from necessity, is a hard one, cannot be denied. But whatever complaint of injury, or claim of redress, they may have, respects the government solely. They have not only nothing to object to the persons who relieved their necessities, by giving them the current price of their property, but they are even under an implied condition to contribute to the reimbursement of those persons. They knew, that by the terms of the contract with themselves, the public were bound to pay to those, to whom they should convey their title, the sums stipulated to be paid to them; and, that as citizens of the United States, they were to bear their proportion of the contribution for that purpose. This, by the act of assignment, they tacitly engage to do; and if they had an option, they could not, with integrity or good faith, refuse to do it, without the consent of those to whom they sold.
But though many of the original holders sold from necessity, it does not follow, that this was the case with all of them. It may well be supposed, that some of them did it either through want of confidence in an eventual provision, or from the allurements of some profitable speculation. How shall these different classes be discriminated from each other? How shall it be ascertained, in any case, that the money, which the original holder obtained for his security, was not more beneficial to him, than if he had held it to the present time, to avail himself of the provision which shall be made? How shall it be known, whether if the purchaser had employed his money in some other way, he would not be in a better situation, than by having applied it in the purchase of securities, though he should now receive their full amount? And if neither of these things can be known, how shall it be determined whether a discrimination, independent of the breach of contract, would not do a real injury to purchasers; and if it included a compensation to the primitive proprietors, would not give them an advantage, to which they had no equitable pretension.
It may well be imagined, also, that there are not wanting instances, in which individuals, urged by a present necessity, parted with the securities received by them from the public, and shortly after replaced them with others, as an indemnity for their first loss. Shall they be deprived of the indemnity which they have endeavoured to secure by so provident an arrangement?
Questions of this sort, on a close inspection, multiply themselves without end, and demonstrate the injustice of a discrimination, even on the most subtile calculations of equity, abstracted from the obligation of contract.
[Page 7]The difficulties too of regulating the details of a plan for that purpose, which would have even the semblance of equity, would b [...] found immense. It may well be doubted whether they would not be insurmountable, and [...]lete with such absurd, as well as inequitable consequences, as to disgust even the proposers of t [...] measure.
As a specimen of its capricious operation, it will be sufficient to notice the effect it would have upon two persons, who may be supposed two years ago to have purchased, each, securities at three shillings in the pound, and one of them to retain those bought by him, till the discrimination should take place; the other to have parted with those bought by him, within a month past, at nine shillings. The former, who had had most confidence in the government, would in this case only receive at the rate of three shillings and the interest; while the latter, who had had less confidence would receive for what cost him the same money at the rate of nine shillings, and his representative, standing in his place, would be entitled to a like rate.
The impolicy of a discrimination results from two considerations; one, that it proceeds upon a principle destructive of that quality of the public debt, or the stock of the nation, which is essential to its capacity for answering the purposes of money—that is the security of transfer; the other, that as well on this account, as because it includes a breach of faith, it renders property in the funds less valuable; consequently induces lenders to demand a higher premium for what they lend, and produces every other inconvenience of a bad state of public credit.
It will be perceived at first sight, that the transferable quality of stock is essential to its operation as money, and that this depends on the idea of complete security to the transferree, and a firm persuasion, that no distinction can in any circumstances be made between him and the original proprietor.
The precedent of an invasion of this fundamental principle, would of course tend to deprive the community of an advantage, with which no temporary saving could bear the least comparison.
And it will as readily be perceived, that the same cause would operate a diminution of the value of stock in the hands of the first, as well as of every other holder. The price, which any man, who should incline to purchase, would be willing to give for it, would be in a compound ratio to the immediate profit it afforded, and to the chance of the continuance of his profit. If there was supposed to be any hazard of the latter, the risk would be taken into the calculation, and either there would be no purchase at all, or it would be at a proportionably less price.
For this diminution of the value of stock, every person, who should be about to lend to the government, would demand a compensation; and would add to the actual difference, between the nominal and the market value, an equivalent for the chance of greater decrease; which, in a precarious state of public credit, is always to be taken into the account.
Every compensation of this sort, it is evident, would be an absolute loss to the government.
In the preceding discussion of the impolicy of a discrimination, the injurious tendency of it to those, who continue to be the holders of the securities, they received from the government, has been explained. Nothing need be added, on this head, except that this is an additional and interesting light, in which the injustice of the measure may be seen. It would not only divest present proprietors by purchase, of the rights they had acquired under the sanction of public faith, but it would depreciate the property of the remaining original holders.
It is equally unnecessary to add any thing to what has been already said to demonstrate the fatal influence, which the principle of discrimination would have on the public credit.
But there is still a point in view in which it will appear perhaps even more exceptionable, than in either of the former. It would be repugnant to an express provision of the Constitution of the United States. This provision is, that "all debts con [...]racted and engagements entered into before the adoption of that Constitution shall be as valid against the United States under it, as under the confederation," which amounts to a constitutional ratification of the contracts respecting the debt, in the state in which they existed under the confederation. And resorting to that standard, there can be no doubt, that the rights of assignees and original holders, must be considered as equal.
In exploding thus fully the principle of discrimination, the Secretary is happy in reflecting, that he is the only advocate of what has been already sanctioned by the formal and express authority of the government of the Union, in these emphatic terms—"The remaining class of creditors (say Congress in their circular address to the states, of the 26th of April 1783) is composed, partly of such of our fellow-citizens as originally lent to the public the use of their funds, or have since manifested most confidence in their country, by receiving transfers from the lenders; and partly of those, whose property has been either advanced or assumed for the public service. To discriminate the merits of these several descriptions of creditors, would be a task equally unnecessary and invidious. If the voice of humanity plead more loudly in favor of some than of others, the voice of policy, no less than of justice, pleads in favor of all. A WISE NATION will never permit those who relieve the wants of their country, or who rely most on its faith, its firmness, and its resources, when either of them is distrusted, to suffer by the event."
[Page 8]The Secretary concluding, that a discrimination, between the different classes of creditors of the United States, cannot with propriety be made, proceeds to examine whether a difference ought to be permitted to remain between them, and another description of public creditors—Those of the states individually.
The Secretary, after mature reflection on this point, entertains a full convicton, that an assumption of the debts of the particular states by the union, and a like provision for them, as for those of the union, will be a measure of sound policy and substantial justice.
It would, in the opinion of the Secretary, contribute, in an eminent degree, to an orderly, stable and satisfactory arrangement of the national finances.
Admitting, as ought to be the case, that a provision must be made in some way or other, for the entire debt; it will follow, that no greater revenues will be required, whether that provision be made wholly by the United States, or partly by them, and partly by the states separately.
The principal question then must be, whether such a provision c [...]nnot be more conveniently and effectually made, by one general plan issuing from one authority, than by different plans originating in different authorities.
In the first case there can be no competition for resources; in the last, there must be such a competition. The consequences of this, without the greatest caution on both sides, might be interfering regulations, and thence collision and confusion. Particular branches of industry might also be oppressed by it. The most productive objects of revenue are not numerous. Either these must be wholly engrossed by one side, which might lessen the efficacy of the provisions by the other; or both must have recourse to the same objects in different modes, which might occasion an accumulation upon them, beyond what they could properly bear. If this should not happen, the caution requisite to avoiding it, would prevent the revenue's deriving the full benefit of each object. The danger of interference and of excess would be apt to impose restraints very unfriendly to the complete command of those resources, which are the most convenient; and to compel the having recourse to others, less eligible in themselves, and less agreeable to the community.
The difficulty of an effectual command of the public resources, in case of separate provisions for the debt, may be seen in another and perhaps more striking light. It would naturally happen that different states, from local considerations, would in some instances have recourse to different objects, in others, to the same objects, in different degrees, for procuring the funds of which they stood in need. It is easy to conceive how this diversity would affect the aggregate revenue of the country. By the supposition, articles which yielded a full supply in some states, would yield nothing, or an insufficient product, in others. And hence the public revenue would not derive the full benefit of those articles, from state regulations. Neither could the deficiencies be made good by those of the union. It is a provision of the national constitution, that "all duties, imposts and excises, shall be uniform throughout the United States." And as the general government would be under a necessity from motives of policy, of paying regard to the duty, which may have been previously imposed upon any article, though but in a single state, it would be constrained, either to refrain wholly from any further imposition, upon such article, where it had been already rated as high as was proper, or to confine itself to the difference between the existing rate, and what the article would reasonably bear. Thus the pre-occupancy of an article by a single state, would tend to arrest or abridge the imposition [...] of the union on that article. And as it is supposeable, that a great variety of articles might be placed in this situation, by dissimilar arrangements of the particular states, it is evident, that the aggregate revenue of the country would be likely to be very materially contracted by the plan of separate provisions.
If all the public creditors receive their dues from one source, distributed with an equal hand, their interest will be the same. And having the same interests, they will unite in the support of the fiscal arrangements of the government: As these, too, can be made with more convenience, where there is no competition: These circumstances combined will insure to the revenue laws a more ready and more satisfactory execution.
If on the contrary there are distinct provisions, there will be distinct interests, drawing different ways. That union and concert of views, among the creditors, which in every government is of great importance to their security, and to that of public credit, will not only not exist, but will be likely to give place to mutual jealousy and opposition. And from this cause, the operation of the systems which may be adopted, both by the particular states, and by the union, with relation to their respective debts, will be in danger of being counteracted.
There are several reasons, which render it probable, that the situation of the state creditors would be worse, than that of the creditors of the union, if there be not a national assumption of the state debts. Of these it will be sufficient to mention two; one, that a principal branch of revenue is exclusively vested in the union; the other, that a state must always be checked in the imposition of taxes on articles of consumption, from the want of power to extend the same regulation to the other states, and from the tendency of partial duties to injure its industry and commerce. Should the state creditors stand upon a less eligible footing than the others, it is unnatural to expect [Page 9] they would see with pleasure a provision for them. The influence which their dissatisfaction might have, could not but operate injuriously, both for the creditors, and the credit, of the United States.
Hence it is even the interest of the creditors of the union, that those of the individual states should be comprehended in a general provision. Any attempt to secure to the former either exclusive or peculiar advantages, would materially hazard their interests.
Neither would it be just, that one class of the public creditors should be more favoured than the other. The objects for which both descriptions of the debt were contracted, are in the main the same. Indeed a great part of the particular debts of the States has arisen from assumptions by them on account of the union. And it is most equitable, that there should be the same measure of retribution for all.
There is an objection, however, to an assumption of the state debts, which deserves particular notice. It may be supposed, that it would increase the difficulty of an equitable settlement between them and the United States.
The principles of that settlement, whenever they shall be discussed, will require all the moderation and wisdom of the government. In the opinion of the Secre [...]ry, that discussion, till further lights are obtained, would be premature.
All therefore which he would now think adviseable on the point in question, would be, that the amount of the debts assumed and provided for, should be charged to the respective states, to abide an eventual arrangement. This, the United States, as assignees to the creditors, would have an indisputable right to do.
But as it might be a satisfaction to the House to have before them some plan for the liquidation of accounts between the union and its members, which, including the assumption of the state debts, would consist with equity: The Secretary will submit in this place such thoughts on the subject, as have occurred to his own mind, or been suggested to him, most compatible, in his judgment, with the end proposed.
Let each state be charged with all the money advanced to it out of the treasury of the United States, liquidated according to the specie value, at the time of each advance, with interest at six per cent.
Let it also be charged with the amount, in specie value, of all its securities which shall be assumed, with the interest upon them to the time, when interest shall become payable by the United States.
Let it be credited for all monies paid and articles furnished to the United States, and for all other expenditures during the war, either towards general or particular defence, whether authorized or unauthorized by the United States; the whole liquidated to specie value, and bearing an interest of six per cent. from the several times at which the several payments, advances and expenditures accrued.
And let all sums of continental money now in the treasuries of the respective states, which shall be paid into the treasury of the United States, be credited at specie value.
Upon a statement of the accounts according to these principles, there can be little doubt, that balances would appear in favor of all the states, against the United States.
To equalize the contributions of the states, let each be then charged with its proportion of the aggregate of those balances, according to some equitable ratio, to be devised for that purpose.
If the contributions should be found disproportionate, the result of this adjustment would be, that some states would be creditors, some debtors to the union.
Should this be the case, at it will be attended with less inconvenience for the United States, to have to pay balances to, than to receive them from the particular states, it may perhaps, be practicable to effect the former by a second process, in the nature of a transfer of the amount of the debts of debtor states, to the credit of creditor states, observing the ratio by which the first apportionment shall have been made. This, whilst it would destroy the balances due from the former, would increase those due to the latter. These to be provided for by the United States, at a reasonable interest, but not to be transferable.
The expediency of this second process must depend on a knowledge of the result of the first. If the inequalities should be too great, the arrangement may be impracticable, without unduly increasing the debt of the United States. But it is not likely, that this would be the case. It is also to be remarked, that though this second process might not, upon the principle of apportionment, bring the thing to the point aimed at, yet it may approach so nearly to it, as to avoid essentially the embarrassment, of having considerable balances to collect from any of the states.
The whole of this arrangement to be under the superintendence of commissioners, vested with equitable discretion, and final authority.
The operation of the plan is exemplified in the schedule A.
The general principle of it seems to be equitable, for it appears difficult to conceive a good reason, why the expences for the particular defence of a part in a common war, should not be a common [Page 10] charge, as well as those incurred professedly for the general defence. The defence of each part is that of the whole; and unless all the expenditures are brought into a common mass, the tendency must be, to add, to the calamities suffered, by being the most exposed to the ravages of war, an increase of burthens.
This plan seems to be susceptible of no objection, which does not belong to every other, that proceeds on the idea of a final adjustment of accounts. The difficulty of settling a ratio, is common to all. This must, probably, either be sought for in the proportions of the requisitions, during the war, or in the decision of commissioners appointed with plenary power. The rule prescribed in the Constitution, with regard to representation and direct taxes, would evidently not be applicable to the situation of parties, during the period in question.
The existing debt of the United States is excluded from the computation, as it ought to be, because it will be provided for out of a general fund.
The only discussion of a preliminary kind, which remains, relates to the distinctions of the debt into principal and interest. It is well known, that the arrears of the latter bear a large proportion to the amount of the former. The immediate payment of these arrears is evidently impracticable, and a question arises, what ought to be done with them?
There is good reason to conclude, that the impressions of many are more favorable to the claim of the principal than to that of the interest; at least so far, as to produce an opinion, that an inferior provision might suffice for the latter.
But to the Secretary, this opinion does not appear to be well founded. His investigations of the subject, have led him to a conclusion, that the arrears of interest have pretensions, at least equal to the principal.
The liquidated debt, traced to its origin, falls under two principal discriminations. One, relating to loans; the other to services performed and articles supplied.
The part arising from loans, was at first made payable at fixed periods, which have long since elapsed, with an early option to lenders, either to receive back their money at the expiration of those periods, or to continue it at interest, 'till the whole amount of continental bills circulating should not exceed the sum in circulation at the time of each loan. This contingency, in the sense of the contract, never happened; and the presumption is, that the creditors preferred continuing their money indefinitely at interest, to receiving it in a depreciated and depreciating state.
The other parts of it were chiefly for objects, which ought to have been paid for at the time, that is, when the services were performed or the supplies furnished; and were not accompanied with any contract for interest.
But by different acts of government and administration, concurred in by the creditors, these parts of the debt have been converted into a capital, bearing an interest of six per cent. per annum, but without any definite period of redemption. A portion of the loan-office debt has been exchanged for new securities of that import. And the whole of it seems to have acquired that character, after the expiration of the periods prefixed for re-payment.
If this view of the subject be a just one, the capital of the debt of the United States, may be considered in the light of an annuity at the rate of six per cent. per annum, redeemable at the pleasure of the government, by payment of the principal. For it seems to be a clear position, that when a public contracts a debt payable with interest, without any precise time being stipulated or understood for payment of the capital, that time is a matter of pure discretion with the government, which is at liberty to consult its own convenience respecting it, taking care to pay the interest with punctuality.
Wherefore, as long as the United States should pay the interest of their debt, as it accrued, their creditors would have no right to demand the principal.
But with regard to the arrear [...] of interest, the case is different. These are now due, and those to whom they are due, have a right to claim immediate payment. To say, that it would be impracticable to comply, would not vary the nature of the right. Nor can this idea of impracticability be honorably carried further, than to justify the proposition of a new contract upon the basis of a commutation of that right for an equivalent. This equivalent too ought to be a real and fair one. And what other fair equivalent can be imagined for the detention of money, but a reasonable interest? Or what can be the standard of that interest, but the market rate, or the rate which the government pays in ordinary cases?
From this view of the matter, which appears to be the accurate and true one, it will follow, that the arrears of interest are entitled to an equal provision with the principal of the debt.
The result of the foregoing discussions is this—That there ought to be no discrimination between the original holders of the debt, and present possessors by purchase—That it is expedient, there should be an assumption of the state debts by the Union, and that the arrears of interest should be provided for on an equal footing with the principal.
[Page 11]The next enquiry, in order, towards determining the nature of a proper provision, respects the quantum of the debt, and the present rates of interest.
The debt of the union is distinguishable into foreign and domestic.
Dollars. | Cents. | |
The foreign debt as stated in the schedule B. amounts to principal bearing an interest of four, and partly an interest of five per cent. | 10,070,307 | |
Arrears of interest to the last of December, 1789, | 1,640,071 | 62 |
Making together, dollars | 11,710,378 | 62 |
The domestic debt may be sub-divided into liquidated and unliquidated; principal and interest.
Dollars. | Cents. | |
The principal of the liquidated part, as stated in the schedule C, amounts to bearing an interest of six per cent. | 27,383,917 | 74 |
The arrears of interest as stated in the schedule D. to the end of 1790, amount to | 13,030,168 | 20 |
Making together, dollars | 40,414,085 | 94 |
This includes all that has been paid in indents (except what has come into the treasury of the United States) which, in the opinion of the Secretary, can be considered in no other light, than as interest due.
The unliquidated part of the domestic debt, which consists chiefly of the continental bills of credit, is not ascertained, but may be estimated at 2,000,000 dollars.
These several sums constitute the whole of the debt of the United States, amounting together to 54,124,464 dollars, and 56 cents.
That of the individual states is not equally well ascertained. The schedule E. shews the extent to which it has been ascertained by returns pursuant to the order of the House of the 21st September last; but this not comprehending all the states, the residue must be estimated from less authentic information. The Secretary, however, presumes, that the total amount may be safely stated at 25 millions of dollars, principal and interest. The present rate of interest of the state debts is in general, the same with that of the domestic debt of the union.
On the supposition, that the arrears of interest ought to be provided for, on the same terms with the principal, the annual amount of the interest, which, at the existing rates, would be payable on the entire mass of the public debt, would be,
Dollars. | Cents. | |
On the foreign debt, computing the interest on the principal, as it stands, and allowing four per cent on the arrears of interest, | 542,599 | 66 |
On the domestic debt, including that of the states, | 4,044,845 | 15 |
Making together, dollars | 4,587,444 | 81 |
The interesting problem now occurs. Is it in the power of the United States, consistently with those prudential considerations, which ought not to be overlooked, to make a provision equal to the purpose of funding the whole debt, at the rates of interest which it now bears, in addition to the sum which will be necessary for the current service of the government?
The Secretary will not say that such a provision would exceed the abilities of the country; but he is clearly of opinion, that to make it, would require the extension of taxation to a degree, and to objects, which the true interest of the public creditors forbids. It is therefore to be hoped, and even to be expected, that they will chearfully concur in such modifications of their claims, on fair and equitable principles, as will facilitate to the government an arrangement substantial, durable and satisfactory to the community. The importance of the last characteristic will strike every discerning mind. No plan, however flattering in appearance, to which it did not belong, could be truly entitled to confidence.
It will not be forgotten, that exigencies may, ere long, arise, which would call for resources greatly beyond what is now deemed sufficient for the current service; and that, should the faculties of the country be exhausted or even strained to provide for the public debt, there could be less reliance on the sacredness of the provision.
But while the Secretary yields to the force of these considerations, he does not lose sight of those fundamental principles of good faith, which dictate, that every practicable exertion ought to be made, scrupulously to fulfil the engagements of the government; that no change in the rights of its creditors ought to be attempted without their voluntary consent; and that this consent ought to be voluntary in fact, as well as in name. Consequently, that every proposal of a change ought to be in the shape of an appeal to their reason and to their interest; not to their necessities. To this end it is requisite, that a fair equivalent should be offered for what may be asked to be given up, and unquestionable security for the remainder. Without this, an alteration, consistently with the credit and honor of the nation, would be impracticable.
It remains to see, what can be proposed in conformity to these [...]iews.
[Page 12]It has been remarked, that the capital of the debt of the union is to be viewed in the light of an annuity at the rate of six per cent. per annum, redeemable at the pleasure of the government, by payment of the principal. And it will not be required, that the arrears of interest should be considered in a more favourable light. The same character, in general, may be applied to the debts of the individual states.
This view of the subject [...]dmits, that the United States would have it in their power to avail themselves of any fall in the market rate of interest, for reducing that of the debt.
This property of the debt is favourable to the public; unfavourable to the creditor. And may facilitate an arrangement for the reduction of interest, upon the basis of a fair equivalent.
Probabilities are always a rational ground of contract. The Secretary conceives, that there is good reason to believe, if effectual measures are taken to establish public credit, that the government rate of interest in the United States, will, in a very short time, fall at least as low as five per cent. and that in a period not exceeding twenty years, it will sink still lower, probably to four.
There are two principal causes which will be likely to produce this effect; one, the low rate of interest in Europe; the other, the increase of the monied capital of the nation, by the funding of the public debt.
From three to four per cent. is deemed good interest in several parts of Europe. Even less is deemed so, in some places. And it is on the decline; the increasing plenty of money continually tending to lower it. It is presumable, that no country will be able to borrow of foreigners upon better terms, than the United States, because none can, perhaps, afford so good security. Our situation exposes us less, than that of any other nation, to those casualties, which are the chief causes of expence; our incumbrances, in proportion to our real means, are less, though these cannot immediately be brought so readily into action, and our progress in resources from the early state of the country, and the immense tracts of unsettled territory, must necessarily exceed that of any other. The advantages of this situation have already engaged the attention of the European money-lenders, particularly among the Dutch. And as they become better understood, they will have the greater influence. Hence as large a proportion of the cash of Europe as may be wanted, will be, in a certain sense, in our market, for the use of government. And this will naturally have the effect of a reduction of the rate of interest, not indeed to the level of the places, which send their money to market, but to something much nearer to it, than our present rate.
The influence, which the funding of the debt is calculated to have, in lowering interest, has been already remarked and explained. It is hardly possible, that it should not be materially affected by such an increase of the monied capital of the nation, as would result from the proper funding of seventy millions of dollars. But the probability of a decrease in the rate of interest, acquires confirmation from facts, which existed prior to the revolution. It is well known, that in some of the states, money might with facility be borrowed, on good security, at five per cent. and, not unfrequently, even at less.
The most enlightened of the public creditors will be most sensible of the justness of this view of the subject, and of the propriety of the use which will be made of it.
The Secretary, in pursuance of it, will assume, as a probability, sufficiently great to be a ground of calculation, both on the part of the government and of its creditors—That the interest of money in the United States will, in five years, fall to five per cent. and, in twenty, to four. The probability, in the mind of the Secretary, is rather that the fall may be more rapid and more considerable; but he prefers a mean, a [...] most likely to engage the assent of the creditors, and more equitable in itself; because it is predicated on probabilities, which may err on one side, as well as on the other.
Premising these things, the Secretary submits to the House, the expediency of proposing a loan to the full amount of the debt, as well of the particular states, as of the union, upon the following terms.
First—That for every hundred dollars subscribed, payable in the debt (as well interest as principal) the subscriber be entitled, at his option, either
To have two thirds funded at an annuity, or yearly interest of six per cent, redeemable at the pleasure of the government, by payment of the principal; and to receive the other third in lands in the Western Territory, at the rate of twenty cents per acre. Or,
To have the whole sum funded at an annuity or yearly interest of four per cent. irredeemable by any payment exceeding five dollars per annum on account both of principal and interest; and to receive, as a compensation for the reduction of interest, fifteen dollars and eighty cents, payable in lands, as in the preceding case. Or
To have sixty-six dollars and two thirds of a dollar funded immediately at an annuity or yearly interest of six per cent. irredeemable by any payment exceeding four dollars and two thirds of a dollar per annum, on account both of principal and interest; and to have, at the end of ten years, twenty-six dollars and eighty-eight cen [...], funded at the like interest and rate of redemption. Or
To have an annuity for the remainder of life, upon the contingency of living to a given age, not less distant than ten years, computing interest at four per cent. Or
[Page 13]To have an annuity for the remainder of life, upon the contingency of the survivorship of the youngest of two persons, computing interest, in this case also, at four per cent.
In addition to the foregoing loan, payable wholly in the debt, the Secretary would propose, that one should be opened for ten millions of dollars, on the following plan.
That for every hundred dollars subscribed, payable one half in specie, and the other half in debt (as well principal as interest) the subscriber be entitled to an annuity or yearly interest of five per cent. irredeemable by any payment exceeding six dollars per annum, on account both of principal and interest.
The principles and operation of these different plans may [...]w require explanation.
The first is simply a proposition for paying one third of the debt in land, and funding the other two thirds, at the existing rate of interest, and upon the same terms of redemption, to which it is at present subject.
Here is no conjecture, no calculation of probabilities. The creditor is offered the advantage of making his interest principal, and he is asked to facilitate to the government an effectual provision for his demands; by accepting a third part of them in land, at a fair valuation.
The general price, at which the western lands have been, heretofore, sold, has been a dollar per acre in public securities; but at the time the principal purchases were made, these securities were worth, in the market, less than three shillings in the pound. The nominal price, therefore, would not be the proper standard, under present circumstances, nor would the precise specie value then given, be a just rule. Because, as the payments were to be made by instalments, and the securities were, at the times of the purchases, extremely low, the probability of a moderate rise must be presumed to have been taken into the account. Twenty cents, therefore, seem to bear an equitable proportion to the two considerations of value at the time, and likelihood of increase.
It will be understood, that upon this plan, the public retains the advantage of availing itself of any fall in the market rate of interest, for reducing that upon the debt, which is perfectly just, as no present sacrifice, either in the quantum of the principal, or in the rate of interest, is required from the creditor.
The inducement to the measure is, the payment of one third of the debt in land.
The second plan is grounded upon the supposition, that interest, in five years, will fall to five per cent. in fifteen more, to four. As the capital remains entire, but bearing an interest of four per cent. only, compensation is to be made to the creditor, for the interest of two per cent. per annum for five years, and of one per cent. per annum, for fifteen years, to commence at the distance of five years. The present value of these two sums or annuities, computed according to the terms of the supposition, is, by strict calculation, fifteen dollars and seven hundred and ninety-two thousandth parts of a dollar; a fraction less than the sum proposed.
The inducement to the measure here is, the reduction of interest to a rate, more within the compass of a convenient provision; and the payment of the compensation in lands.
The inducements to the individual are—the accommodation afforded to the public—the high probability of a complete equivalent—the chance even of gain, should the rate of interest fall, either more speedily or in a greater degree, than the calculation supposes. Should it fall to five per cent. sooner than five years; should it fall lower than five before the additional fifteen were expired; or should it fall below four, previous to the payment of the debt, there would be, in each case, an absolute profit to the creditor. As his capital will remain entire, the value of it will increase, with every decrease of the rate of interest.
The third plan proceeds upon the like supposition of a successive fall in the rate of interest. And upon that supposition offers an equivalent to the creditor. One hundred dollars, bearing an interest of six per cent. for five years; of five per cent. for fifteen years, and thenceforth of four per cent. (these being the successive rates of interest in the market) is equal to a capital of 122 dollars, 510725 parts, bearing an interest of four per cent. which, converted into a capital, bearing a fixed rate of interest of six per cent, is equal to 81 dollars, 6738166 parts.
The difference between sixty-six dollars and two thirds of a dollar (the sum to be funded immediately) and this last sum is 15 dollars, 0172 parts, which at six per cent per annum, amounts at the end of ten years, to 26 dollars, 8755 parts, the sum to be funded at the expiration of that period.
It ought, however, to be acknowledged, that this calculation does not make allowance for the principle of redemption, which the plan itself includes; upon which principle the equivalent in a capital of six per cent. would be by strict calculation, 87 dollars, 50766 parts.
But there are two considerations which induce the Secretary to think, that the one proposed would operate more equitably than this: One is, that it may not be very early in the power of the United States to avail themselves of the right of redemption reserved in the plan: The other is, that with regard to the part to be funded at the end of ten years, the principle of redemption is suspended during that time, and the full interest at six per cent. goes on improving at the sam [Page 14] rate; which for the last five years will exceed the market rate of interest, according to the supposition.
The equivalent is regulated in this plan, by the circumstance of fixing the rate of interest higher, than it is supposed it will continue to be in the market; permitting only a gradual discharge of the debt, in an established proportion, and consequently preventing advantage being taken of any decrease of interest below the stipulated rate.
Thus the true value of eighty-one dollars and sixty-seven cents, the capital proposed, considered as a perpetuity, and bearing six per cent. interest, when the market rate of interest was five per cent. would be a small fraction more than ninety-eight dollars, when it was four per cent. would be one hundred and twenty-two dollars and fifty-one cents. But the proposed capital being subject to gradual redemption, it is evident, that its value, in each case, would be somewhat less. Yet from this may be perceived, the manner in which a less capital at a fixed rate of interest, becomes an equivalent for a greater capital, at a rate liable to variation and diminution.
It is presumable, that those creditors, who do not entertain a favorable opinion of property in western lands, will give a preference to this last mode of modelling the debt. The Secretary is sincere in affirming, that, in his opinion, it will be likely to prove, to the full as beneficial to the creditors, as a provision for his debt upon its present terms.
It is not intended, in either case to oblige the government to redeem, in the proportion specified, but to secure to it, the right of doing so, to avoid the inconvenience of a perpetuity.
The fourth and fifth plans abandon the supposition which is the basis of the two preceding ones, and offer only four per cent. throughout.
The reason of this is, that the payment being deferred, there will be an accumulation of compound interest, in the intermediate period against the public, which, without a very provident administration, would turn to its detriment. And the suspension of the burthen would be too apt to beget a relaxation of efforts in the mean time. The measure therefore, its object being temporary accommodation, could only be adviseable upon a moderate rate of interest.
With regard to individuals, the inducement will be sufficient at four per cent. There is no disposition of money, in private loans, making allowance for the usual delays and casualties, which would be equally beneficial as a future provision.
A hundred dollars advanced upon the life of a person of a eleven years old, would produce an annuity *
Dollars. | Parts. | |
If commencing at twenty-one, of | 10 | 346 |
If commencing at thirty-one, of | 18 | 803 |
If commencing at forty-one, of | 37 | 286 |
If commencing at fifty-one, of | 78 | 580 |
The same sum advanced upon the chance of the survivorship of the yongest of two lives, one of the persons being twenty-five, the other, thirty years old, would produce, if the youngest of the two, should survive, an annuity † for the remainder of life of 23 dollars, 556 parts.
From these instances may readily be discerned, the advantages, which these deferred annuities afford, for securing a comfortable provision for the evening of life, or for wives, who survive their husbands.
The sixth plan also relinquishes the supposition, which is the foundation of the second, and third, and offers a higher rate of interest upon similar terms of redemption, for the consideration of the payment of one half of the loan in specie. This is a plan highly advantageous to the creditors, who may be able to make that payment; while the specie itself could be applied in purchases of the debt, upon terms, which would fully indemnify the public for the increased interest.
It is not improbable, that foreign holders of the domestic debt, may embrace this as a desireable arrangement.
As an auxiliary expedient, and by way of experiment, the Secretary would propose a loan upon the principles of a tontine. ‡
To consist of six classes, composed respectively of persons of the following ages:
- First class, of those of 20 years and under.
- Second class, of those above 20, and not exceeding 30.
- Third class, of those above 30, and not exceeding 40.
- Fourth class, of those above 40, and not exceeding 50.
- Fifth class, of those above 50, and not exceeding 60.
- Sixth class, of those above 60.
[Page 15]Each share to be two hundred dollars. The number of shares in each class, to be indefinite. Persons to be at liberty to subscribe on their own lives, or on those of others, nominated by them.
Dollars. | Cents. | |
The annuity upon a share in the first class to be | 8. | 40 |
upon a share in the second | 8. | 65 |
upon a share in the third | 9. | 0 |
upon a share in the fourth | 9. | 65 |
upon a share in the fifth | 10. | 70 |
upon a share in the sixth | 12. | 80 |
The annuities of those who die, to be equally divided among the survivors, until four-fifths shall be dead, when the principle of survivorship shall cease, and each annuitant thenceforth enjoy his dividend as a several annuity during the life, upon which it shall depend.
These annuities are calculated on the best life in each class, and at a rate of interest of four per cent. with some deductions in favor of the public. To the advantages which these circumstances present, the cessation of the right of survivorship on the death of four-fifths of the annuitants, will be no inconsiderable addition.
The inducements to individuals are, a competent interest for their money from the outset, secured for life, and the prospect of continual encrease, and even of large profit to those, whose fortune it is, to survive their associates.
It will have appeared, that in all the proposed loans, the Secretary has contemplated the putting the interest upon the same footing with the principal: That on the debt of the United States, he would have computed to the last of the present year: That on the debt of the particular states, to the last of the year 1791; the reason for which distinction will be seen hereafter.
In order to keep up a due circulation of money, it will be expedient, that the interest of the debt should be paid quarter-yearly. This regulation will, at the same time, conduce to the advantage of the public creditors, giving them, in fact, by the anticipation of payment, a higher rate of interest; which may, with propriety, be taken into the estimate of the compensation to be made to them. Six per cent. per annum, paid in this mode, will truly be worth six dollars, and one hundred and thirty-five thousandth parts of a dollar, computing the market interest at the same rate.
The Secretary thinks it advisable, to hold out various propositions, all of them compatible with the public interest, because it is, in his opinion, of the greatest consequence, that the debt should, with the consent of the creditors, be remoulded into such a shape, as will bring the expenditure of the nation to a level with its income. 'Till this shall be accomplished, the finances of the United States will never wear a proper countenance. Arrears of interest, continually accruing, will be as continual a monument, either of inability, or of ill faith; and will not cease to have an evil influence on public credit. In nothing are appearances of greater moment, than in whatever regards credit. Opinion is the soul of it, and this is affected by appearances, as well as realities. By offering an option to the creditors, between a number of plans, the change meditated will be more likely to be accomplished. Different tempers will be governed by different views of the subject.
But while the Secretary would endeavour to effect a change in the form of the debt, by new loans, in order to render it more susceptible of an adequate provision; he would not think it proper to aim at procuring the concurrence of the creditors by operating upon their necessities.
Hence whatever surplus of revenue might remain, after satisfying the interest of the new loans, and the demand for the current service, ought to be divided among those creditors, if any, who may not think fit to subscribe to them. But for this purpose, under the circumstance of depending propositions, a temporary appropriation will be most adviseable, and the sum must be limited to four per cent. as the revenues will only be calculated to produce, in that proportion, to the entire debt.
The Secretary confides for the success of the propositions, to be made, on the goodness of the reasons upon which they rest; on the fairness of the equivalent to be offered in each case; on the discernment of the creditors of their true interest; and on their disposition to facilitate the arrangements of the government, and to render them satisfactory to the community.
The remaining part of the task to be performed is, to take a view of the means of providing for the debt, according to the modification of it, which is proposed.
On this point the Secretary premises, that, in his opinion, the funds to be established, ought, for the present, to be confined to the existing debt of the United States; as well, because a progressive augmentation of the revenue will be most convenient, as because the consent of the state creditors is necessary, to the assumption contemplated; and though the obtaining of that consent may be inferred with great assurance, from their obvious interest to give it; yet 'till it shall be obtained, an actual provision for the debt, would be premature. Taxes could not, with propriety, be laid for an object, which depended on such a contingency.
[Page 16]All that ought now to be done, respecting it, is, to put the matter in an effectual train for a future provision. For which purpose, the Secretary will, in the course of this report, submit such propositions, as appear to him adviseable.
The Secretary now proceeds to a consideration of the necessary funds.
It has been stated that the debt of the United States consists of
Dollars. | Cents. | |
The foreign debt, amounting, with arrears of interest, to | 11,710,378 | 62 |
And the domestic debt amounting, with like arrears, computed to the end of the year 1790, to | 42,414,085 | 94 |
Making together, Dollars | 54,124,464 | 56 |
The interest on the domestic debt is computed to the end of this year, because the details of carrying any plan into execution, will exhaust the year.
Dollars. | Cents. | |
The annual interest of the foreign debt has been stated at | 542,599 | 66 |
And the interest on the domestic debt at four percent. would amount to | 1,696,563 | 43 |
Making together, dollars, | 2,239,163 | 09 |
Thus to pay the interest of the foreign debt, and to pay four per cent on the whole of the domestic debt, principal and interest, forming a new capital, will require a yearly income of 2,239,163 dollars, 9 cents.
The sum which, in the opinion of the Secretary, ought now to be provided in addition to what the current service will require.
For, though the rate of interest, proposed by the third plan, exceeds four per cent. on the whole debt, and the annuities on the tontine will also exceed four per cent. on the sums which may be subscribed; yet, as the actual provision for a part is, in the former case, suspended; as measures for reducing the debt, by purchases, may be advantageously pursued, and as the payment of the deferred annuities will of course be postponed, four per cent. on the whole, will be a sufficient provision.
With regard to the instalments of the foreign debt, these, in the opinion of the Secretary, ought to be paid by new loans abroad. Could funds be conveniently spared, from other exigencies, for paying them, the United States could ill bear the drain of cash, at the present juncture, which the measure would be likely to occasion.
But to the sum which has been stated for payment of the interest, must be added a provision for the current service. This the Secretary estimates at six hundred thousand dollars; * making, with the amount of the interest, two millions, eight hundred and thirty-nine thousand, one hundred and sixty-three dollars, and nine cents.
This sum may, in the opinion of the Secretary, be obtained from the present duties on imports and tonnage, with the additions, which, without any possible disadvantage either to trade, or agriculture, may be made on wines, spirits, including those distilled within the United States, teas and coffee.
The Secretary conceives, that it will be sound policy, to carry the duties upon articles of this kind, as high as will be consistent with the practicability of a safe collection. This will lessen the necessity, both of having recourse to direct taxation, and of accumulating duties where they would be more inconvenient to trade, and upon objects, which are more to be regarded as necessaries of life.
That the articles which have been enumerated, will, better than most others, bear high duties, can hardly be a question. They are all of them, in reality—luxuries—the greatest part of them foreign luxuries; some of them, in the excess in which they are used, pernicious luxuries. And there is, perhaps, none of them, which is not consumed in so great abundance, as may, justly, denominate it, a source of national extravagance and impoverishment. The consumption of ardent spirits particularly, no doubt very much on account of their cheapness, is carried to an extreme, which is truly to be regretted, as well in regard to the health and the morals, as to the oeconomy of the community.
Should the increase of duties tend to a decrease of the consumption of those articles, the effect would be, in every respect desireable. The saving which it would occasion, would leave individuals more at their ease, and promote a more favourable balance of trade. As far as this decrease might be applicable to distilled spirits, it would encourage the substitution of cyder and malt liquors, benefit agriculture, and open a new and productive source of revenue.
It is not however, probable, that this decrease would be in a degree, which would frustrate the expected benefit to the revenue from raising the duties. Experience has shewn, that luxuries of every kind, lay the strongest hold on the attachments of mankind, which, especially when confirmed by habit, are not easily alienated from them.
[Page 17]The same fact affords a security to the merchant, that he is not likely to be prejudiced by considerable duties on such articles. They will usually command a proportional price. The chief things in this view to be attended to, are, that the terms of payment be so regulated, as not to require inconvenient advances, and that the mode of collection be secure.
To other reasons, which plead for carrying the duties upon the articles which have been mentioned, to as great an extent as they will well bear, may be added these; that they are of a nature, from their extensive consumption, to be very productive, and are amongst the most difficult objects of illicit introduction.
Invited by so many motives to make the best use of the resource, which these articles afford, the essential enquiry is—in what mode can the duties upon them be most effectually collected?
With regard to such of them, as will be brought from abroad, a duty on importation recommends itself by two leading considerations; one is, that meeting the object at its first entrance into the country, the collection is drawn to a point, and so far simplified; the other is, that it avoids the possibility of interference between the regulations of the United States, and those of the particular states.
But a duty, the precautions for the collection of which should terminate with the landing of the goods, as is essentially the case in the existing system, could not, with safety, be carried to the extent, which is contemplated.
In that system, the evasion of the duties, depends as it were, on a single risk. To land the goods in defiance of the vigilance of the officers of the customs, is almost, the sole difficulty. No future pursuit, is materially, to be apprehended. And where the inducement is equivalent to the risk, there will be found too many, who are willing to run it. Consequently there will be extensive frauds of the revenue, against which the utmost rigor of penal laws, has proved, as often as it has been tried, an ineffectual guard.
The only expedient which has been discovered, for conciliating high duties with a safe collection, is, the establishment of a second; or interior scrunity.
By pursuing the article, from its importation, into the hands of the dealers in it, the risk of detection is so greatly inhanced, that few, in comparison, will venture to incur it. Indeed every dealer, who is not himself the fraudulent importer, then becomes, in some sort, a centinel upon him.
The introduction of a system, founded on this principle, in some shape or other, is, in the opinion of the Secretary, essential to the efficacy of every attempt, to render the revenues of the United States equal to their exigencies, their safety, their prosperity, their honor.
Nor is it less essential to the interest of the honest and fair trader. It might even be added, that every individual citizen, besides his share in the general weal, has a particular interest in it. The practice of smuggling never fails to have one of two effects, and sometimes unites them both. Either the smuggler undersells the fair trader, as, by saving the [...], he can afford to do, and makes it a charge upon him; or he sells at the increased price occasioned by the duty, and defrauds every man, who buys of him, of his share of what the public ought to receive. For it is evident, that the loss falls ultimately upon the citizens, who must be charged with other taxes to make good the deficiency▪ and supply the wants of the state.
The Secretary will not presume, that the plan; which he shall submit to the consideration of the house, is the best that could be devised. But it is the one, which has appeared to him freest from objections of any, that has occurred of equal efficacy. He acknowledges too, that it is susceptible of improvement, by other precautions in favor of the revenue, which he did not think it expedient to add. The chief outlines of the plan are not original, but it is no ill recommendation of it, that it has been tried with success.
The Secretary accordingly proposes,
That the duties heretofore laid upon wines, distilled spirits, teas and coffee, should, after the last day of May next, cease, and that instead of them, the following duties be laid.—
Upon every gallon of Madeira Wine, of the quality of London particular, thirty-five cents.
Upon every gallon of other Madeirs Wine, thirty cents.
Upon every gallon of Sherry, twenty-five cents.
Upon every gallon of other Wine, twenty cents.
Upon every gallon of distilled Spirits, more than ten per cent. below proof, according to Dicas's hydrometer, twenty cents.
Upon every gallon of those Spirits under five, and not more than ten per cent. below proof, according to the same hydrometer, twenty-one cents.
Upon every gallon of those Spirits of proof, and not more than five per cent. below proof, according to the same hydrometer, twenty-two cents.
Upon every gallon of those Spirits above proof, but not exceeding twenty per cent. according to the same hydrometer, twenty-five cents.
[Page 18]Upon every gallon of those Spirits more than twenty, and not more than forty per cent. above proof, according to the same hydrometer, thirty cents.
Upon every gallon of those Spirits more than forty per cent. above proof, according to the same hydrometer, forty cents.
Upon every pound of Hyson Tea, forty cents.
Upon every pound of other Green Tea, twenty-four cents.
Upon every pound of Souchong and other black Teas, except Bohea, twenty cents.
Upon every pound of Bohea Tea, twelve cents.
Upon every pound of Coffee, five cents.
That upon Spirits distilled within the United States, from Molasses, Sugar, or other foreign materials, there be paid—
Upon every gallon of those Spirits, more than ten per cent below proof, according to Dicas's hydrometer, eleven cents.
Upon every gallon of those Spirits under five, and not more than ten per cent. below proof, according to the same hydrometer, twelve cents.
Upon every gallon of those Spirits of proof, and not more than five per cent. below proof, according to the same hydrometer, thirteen cents.
Upon every gallon of those Spirits, above proof, but not exceeding twenty per cent. according to the same hydrometer, fifteen cents,
Upon every gallon of those Spirits, more than twenty, and not more than forty per cent. above proof, according to the same hydrometer, twenty cents.
Upon every gallon of those Spirits more than forty per cent. above proof, according to the same hydrometer, thirty cents.
That upon Spirits distilled within the United States, in any city, town or village, from materials of the growth or production of the United States, there be paid—
Upon every gallon of those Spirits more than ten per cent. below proof, according to Dicas's hydrometer, nine cents.
Upon every gallon of those Spirits under five, and not more than ten per cent. below proof, according to the same hydrometer, ten cents.
Upon every gallon of those Spirits of proof, and not more than five per cent. below proof, according to the same hydrometer, eleven cents.
Upon every gallon of those Spirits above proof, but not exceeding twenty per cent. according to the same hydrometer, thirteen cents.
Upon every gallon of those Spirits more than twenty, and not more than forty per cent. above proof, according to the same hydrometer, seventeen cents.
Upon every gallon of those Spirits, more than forty per cent. above proof, according to the same hydrometer, twenty-five cents.
That upon all Stills employed in distilling Spirits from materials of the growth or production of the United States, in any other place, than a city, town or village, there be paid the yearly sum of sixty cents, for every gallon, English wine measure, of the capacity of each Still, including its head.
The Secretary does not distribute the duties on Teas into different classes, as has been done in the impost act of the last session; because this distribution depends on considerations of commercial policy, not of revenue. It is sufficient, therefore, for him to remark, that the rates, above specified, are proposed with reference to the lowest class.
The Secretary conceiving, that he could not convey an accurate idea of the plan contemplated by him, for the collection of these duties, in any mode so effectual as by the draft of a bill for the purpose, begs leave respectfully to refer the House to that, which will be found annexed to this report, relatively to the article of distilled spirits; and which, for the better explanation of some of its parts, is accompanied with marginal remarks.
It would be the intention of the Secretary, that the duty on wines should be collected upon precisely the same plan with that on imported spirits.
But with regard to teas and coffee, the Secretary is inclined to think, that it will be expedient, till experience shall evince the propriety of going further, to exclude the ordinary right of the officers to visit and inspect the places in which those articles may be kept. The other precautions, without this, will afford, though not complete, considerable security.
It will not escape the observation of the House, that the Secretary, in the plan submitted, has taken the most scrupulous care, that those citizens upon whom it is immediately to operate, be secured from every species of injury by the misconduct of the officers to be employed. There are not only strong guards against their being guilty of abuses of authority; they are not only punishable, criminally, for any they may commit, and made answerable in damages, to individuals, for whatever prejudice these may sustain by their acts or neglects: But even where seizures [Page 19] are made with probable cause, if there be an acquittal of the article seized, a compensation to the proprietors for the injury their property may suffer, and even for its detention, is to be made out of the public treasury.
So solicitous indeed has the Secretary been, to obviate every appearance of hardship, that he has even included a compensation to the dealers, for their agency in aid of the revenue.
With all these precautions to manifest a spirit of moderation and justice on the part of the government: And when it is considered, that the object of the proposed system is the firm establishment of public credit; that on this depends the character, security and prosperity of the nation; that advantages in every light important, may be expected to result from it; that the immediate operation of it will be upon an enlightened class of citizens, zealously devoted to good government, and to a liberal and enlarged policy, and that it is peculiarly the interest of the virtuous part of them to co-operate in whatever will res [...]rain the spirit of illicit traffic; there will be perceived to exist, the justest ground of confidence, that the plan, if eligible in itself, will experience the chearful and prompt acquiescence of the community.
The Secretary computes the nett product of the duties proposed in this report at about one million seven hundred and three thousand four hundred dollars, according to the estimate in the schedule K, which if near the truth, will, together with the probable product of the duties on imports and tonnage, complete the sum required. But it will readily occur, that in so unexplored a field there must be a considerable degree of uncertainty in the data. And that, on this account, it will be prudent to have an auxiliary resource for the first year, in which the interest will become payable, that there may be no possibility of disappointment to the public creditors, ere there may be an opportunity of providing for any deficiency, which the experiment may discover. This will accordingly be attended to.
The proper appropriation of the funds provided, and to be provided, seems next to offer itself to consideration.
On this head, the Secretary would propose, that the duties on distilled spirits, should be applied in the first instance, to the payment of the interest of the foreign debt.
That reserving out of the residue of those duties an annual sum of six hundred thousand dollars, for the current service of the United States; the surplus, together with the product of the other duties, be applied to the payment of the interest on the new loan, by an appopriation, co-extensive with the duration of the debt.
And that if any part of the debt should remain unsubscribed, the excess of the revenue be divided among the creditors of the unsubscribed part, by a temporary disposition; with a limitation, however, to four per cent.
It will hardly have been unnoticed, that the Secretary has been thus far silent on the subject of the post-office. The reason is, that he has had in view the application of the revenue arising from that source, to the purposes of a sinking fund. The post-master-general gives it as his opinion, that the immediate product of it, upon a proper arrangement, would probably be, not less than one hundred thousand dollars. And from its nature, with good management, it must be a growing, and will be likely to become a considerable fund. The post-master-general is now engaged in preparing a plan, * which will be the foundation of a proposition for a new arrangement of the establishment. This, and some other points relative to the subject referred to the Secretary, he begs leave to reserve for a future report.
Persuaded as the Secretary is, that the proper funding of the present debt, will render it a national blessing: Yet he is so far from acceding to the position, in the latitude in which it is sometimes laid down, that "public debts are public benefits," a position inviting to prodigality, and liable to dangerous abuse,—that he ardently wishes to see it incorporated, as a fundamental maxim, in the system of public credit of the United States, that the creation of debt should always be accompanied with the means of extinguishment. This he regards as the true secret for rendering public credit immortal. And he presumes, that it is difficult to conceive a situation, in which there may not be an adherence to the maxim. At least he feels an unfeigned solicitude, that this may be attempted by the United States, and that they may commence their measures for the establishment of credit, with the observance of it.
Under this impression, the Secretary proposes, that the nett product of the post-office, to a sum not exceeding one million of dollars, be vested in commissioners, to consist of the Vice-President of the United States or President of the Senate, the Speaker of the House of Representatives, the Chief Justice, Secretary of the Treasury and Attorney-General of the United States, for the time being, in trust, to be applied, by them, or any three of them, to the discharge of the existing public debt, either by purchases of stock in the market, or by payments on account of the principal, [Page 20] as shall appear to them most adviseable, in conformity to the public engagements; to continue so vested, until the whole of the debt shall be discharged.
As an additional expedient for effecting a reduction of the debt, and for other purposes which will be mentioned, the Secretary would further propose that the same commissioners be authorised, with the approbation of the President of the United States, to borrow, on their credit, a sum, not exceeding twelve millions of dollars, to be applied,
First. To the payment of the interest and instalments of the foreign debt, to the end of the present year, which will require 3,491,923 dollars, and 46 cents.
Secondly. To the payment of any deficiency which may happen in the product of the funds provided for paying the interest of the domestic debt.
Thirdly. To the effecting a change in the form of such part of the foreign debt, as bears an interest of five per cent. It is conceived, that, for this purpose, a new loan, at a lower interest, may be combined with other expedients. The remainder of this part of the debt, after paying the instalments, which will accrue in the course of 1790, will be 3,888,888 dollars, and 81 cents.
Fourthly. To the purchase of the public debt at the price it shall bear in the market, while it continues below its true value. This measure, which would be, in the opinion of the Secretary, highly dishonorable to the government, if it were to precede a provision for funding the debt, would become altogether unexceptionable, after that had been made. Its effect would be in favor of the public creditors, as it would tend to raise the value of stock. And all the difference, between its true value, and the actual price, would be so much clear gain to the public. The payment of foreign interest on the capital to be borrowed for this purpose, should that be a necessary consequence, would not, in the judgment of the Secretary, be a good objection to the measure. The saving by the operation would be itself, a sufficient indemnity; and the employment of that capital, in a country situated like this, would much more than compensate for it. Besides, if the government does not undertake this operation, the same inconvenience, which the objection in question supposes, would happen in another way, with a circumstance of aggravation. As long, at least, as the debt shall continue below its proper value, it will be an object of speculation to foreigners, who will not only receive the interest, upon what they purchase, and remit it abroad, as in the case of the loan, but will reap the additional profit of the difference in value. By the government's entering into competition with them, it will not only reap a part of this profit itself, but will contract the extent, and lessen the extra profit of foreign purchases. That competition will accelerate the rise of stock; and whatever greater rate this obliges foreigners to pay, for what they purchase, is so much clear saving to the nation. In the opinion of the Secretary, and contrary to an idea which is not without patrons, it ought to be the policy of the government, to raise the value of stock to its true standard as fast as possible. When it arrives to that point, foreign speculations (which, till then, must be deemed pernicious, further than as they serve to bring it to that point) will become beneficial. Their money laid out in this country, upon our agriculture, commerce and manufactures, will produce much more to us, than the income they will receive from it.
The Secretary contemplates the application of this money, through the medium of a national bank, for which, with the permission of the House, he will submit a plan in the course of the session.
The Secretary now proceeds, in the last place, to offer to the consideration of the House, his ideas, of the steps, which ought at the present session, to be taken, towards the assumption of the state debts.
These are briefly, that concurrent resolutions of the two Houses, with the approbation of the President, be entered into, declaring in substance,
That the United States do assume, and will at the first session in the year 1791, provide, on the same terms with the present debt of the United States, for all such part of the debts of the respective states, or any of them, as shall, prior to the first day of January in the said year 1791, be subscribed towards a loan to the United States, upon the principles of either of the plans, which shall have been adopted by them, for obtaining a re-loan of their present debt.
Provided that the provision to be made as aforesaid, shall be suspended, with respect to the debt, of any state, which may have exchanged the securities of the United States for others issued by itself, until the whole of the said securities shall, either be re-exchanged, or surrendered to the United States.
And provided also, that the interest upon the debt assumed, be computed to the end of the year 1791; and that the interest to be paid by the United States, commence on the first day of [...]nuary, 179 [...].
That the amount of the debt of each state so assumed and provided for, be charged to such state [Page 21] in account with the United States, upon the same principles, upon which it shall be lent to the United States.
That subscriptions be opened for receiving loans of the said debts at the same times and places, and under the like regulations, as shall have been prescribed in relation to the debt of the United States.
The Secretary has now completed the objects, which he proposed to himself, to comprise in the present report. He has, for the most part, omitted details, as well to avoid fatiguing the attention of the House, as because more time would have been desirable even to digest the general principles of the plan. If these should be found right, the particular modifications will readily suggest themselves in the progress of the work.
The Secretary, in the views which have directed his pursuit of the subject, has been influenced, in the first place, by the consideration, that his duty from the very terms of the resolution of the House, obliged him to propose what appeared to him an adequate provision for the support of the public credit, adapted at the same time to the real circumstances of the United States; and in the next, by the reflection, that measures which will not bear the test of future unbiassed examination, can neither be productive of individual reputation, nor (which is of much greater consequence) public honor, or advantage.
Deeply impressed, as the Secretary is, with a full and deliberate conviction, that the establishment of public credit, upon the basis of a satisfactory provision, for the public debt, is, under the present circumstances of this country, the true desideratum towards relief from individual and national embarrassments; that without it, these embarrassments will be likely to press still more severely upon the community—He cannot but indulge an anxious wish, that an effectual plan for that purpose may, during the present session, be the result of the united wisdom of the legislature.
He is fully convinced, that it is of the greatest importance, that no further delay should attend the making of the requisite provision; not only, because it will give a better impression of the good faith of the country, and will bring earlier relief to the creditors; both which circumstances are of great moment to public credit: but, because the advantages to the community, from raising stock, as speedily as possible, to its natural value, will be incomparably greater, than any that can result from its continuance below that standard. No profit, which could be derived from purchases in the market, on account of the government, to any practicable extent, would be an equivalent for the loss, which would be sustained by the purchases of foreigners, at a low value. Not to repeat, that governmental purchases, to be honorable, ought to be preceded by a provision. Delay, by disseminating doubt, would sink the price of stock; and as the temptation to foreign speculations, from the lowness of the price, would be too great to be neglected, millions would probably be lost to the United States.
[ SCHEDULE A.] Supposititious Statement of Accounts between the United States and Individual States.
STATES. | Ratio. | Balances due to the states respectively. | Proportion of each state of the aggregate of those balances according to the ratio. | Balances against certain States. | Balances in favor of certain states. | Proportion of each state in the aggregate of the balances against certain states. | Ultimate balances in favor of certain states upon the principle of an extinguishment of the balances owing by the debtor states, and a proportional allowance to the other states, adjusted according to the ratio given, and to be paid by the United States. |
New-Hampshire | 3 | 57,500 | 60,000 | 2,500 | 3,000 | 500 | |
Massachusetts | 8 | 180,000 | 160,000 | 20,000 | 8,000 | 28,000 | |
Rhode-Island | 1 | 20,000 | 20,000 | 1,000 | 1,000 | ||
Connecticut | 5 | 110,000 | 100,000 | 10,000 | 5,000 | 15,000 | |
New-York | 6 | 135,000 | 120,000 | 15,000 | 6,000 | 21,000 | |
New-Jersey | 4 | 72,500 | 80,000 | 7,500 | 4,000 | ||
Pennsylvania | 8 | 170,000 | 160,000 | 10,000 | 8,000 | 18,000 | |
Delaware | 1 | 30,000 | 20,000 | 10,000 | 1,000 | 11,000 | |
Maryland | 6 | 110,000 | 120,000 | 10,000 | 6,000 | ||
Virginia | 10 | 187,500 | 200,000 | 12,500 | 10,000 | ||
North-Carolina | 5 | 90,000 | 100,000 | 10,000 | 5,000 | ||
South-Carolina | 5 | 87,500 | 100,000 | 12,500 | 5,000 | ||
Georgia | 3 | 50,000 | 60,000 | 10,000 | 3,000 | ||
65 | 1,300,000 | 1,300,000 | 65,000 | 65,000 | 65,000 | 94,500 |
EXPLANATION.
THE first column supposes a Ratio according to the present rule of representation.
The second column exhibits the balances which, on the principles of the statement suggested are supposed to be due to the several States.
The third column shews the apportionment of the aggregate of those balances according to the ratio given among the States.
The fourth column shews the balances against some States in consequence of this apportionment.
The fifth column shews the balances in favor of some States, in consequence of the same apportionment.
This completes the first Process proposed.
THE second Process proposed is illustrated by the sixth and seventh columns.
The sixth shews the share of each State, according to the ratio given in the amount of the balances against the Debtor States.
The seventh shews the ultimate balances in favor of certain States, crediting them for their proportions of the balance due from the Debtor States.
[ SCHEDULE B.] A GENERAL STATEMENT of the FOREIGN LOANS, shewing in Abstract, the Capital Sums borrowed, and the Arrearages of Interest to the 31st December, 1789.
CAPITAL SUMS Borrowed. | Livres. | Dollars. Cts. |
Of the Royal French Treasury, on Interest at 5 per cent. | 24,000,000 | |
In Holland, guaranteed by the French Court, at 4 per cent. | 10,000,000 | |
Livres, | 34,00,0000 | 6,296,296 |
Of the Royal Spanish Treasury, at 5 per cent. | 174,011 | |
Lenders in Holland, | Florins. | |
First Loan, 5 per cent. | 5,000,000 | |
Second ditto, 4 per cent. | 2,000,000 | |
Third ditto, 5 per cent. | 1,000,000 | |
Fourth ditto, 5 per cent. | 1,000,000 | |
Florins, | 9,000,000 | 3,600,000 |
Capital, | 10,070,307 |
Livres. | Dollars. Cts. | |
1789, Jan. 1, Five Years Interest on the | 6,000,000 at 5 per cent. | 277,777.77 |
Sept. 3, Six do. on the | 18,000,000 do. | 999,999.96 |
Nov. 5, Four do. on the | 10,000,000 4 per cent. | 296,296. |
ARREARAGES on the Spanish Loan of 174,011 Dollars, to 21st March, 1782, at 5 per cent. | 5,093.27 | |
March 21, Seven Years Interest on do. | 60,904.62 | 1,640,071.62 |
Total Dollars, | 11,710,378.62 |
NOTE. There were certain parts of the Capital of the Dutch guaranteed Loan of 10,000,000 Florins, and of the French Loan of 18,000,000 Livres, which became due at the following periods, and remain unpaid, viz.
Dollars. Cts. | |||
1787. | Sept. 3, First Payment of the 18,000,000. | 1,500,000 | 277,777.77 |
Nov. 5, First do. of the 10,000,000. | 1,000,000 | 185,185.19 | |
1788. | Sept. 3, Second do. of the 18,000,000. | the same. | 462,962.96 |
Nov. 5, Second do. of the 10,000,000. | |||
1789. | Sept. 3, Third do. of the 18,000,000. | the same. | 462,962.96 |
Nov. 5, Third do. of the 10,000,000. | |||
Dollars, | 1,388,888.88 |
To the ARREARAGE of INTEREST to 31st December, 1789, above stated, Amounting to | 1,640,071.62 |
Add one year's Interest from 1st January, to 31st December, 1789, on 186,427, dollars, and 69 cents, being the Amount Principal Sum due to foreign officers, employed in the service of the United States, which Interest is annually payable at the House of Mons. Grand Banker at Paris, at 6 per cent. | 11,185.66 |
ARREARAGES of INTEREST to 31st December, 1789, Dollars, | 1,651,257.28 |
THE above Addition was adverted to, after the conclusion of the Report; but as it makes no material difference, an alteration in consequence of it, is deemed unnecessary.
[ SCHEDULE C.] ABSTRACT of the LIQUIDATED and LOAN-OFFICE DEBT of the United States, on the 3d March, 1789.
Dollars. 90 ths. | ||
REGISTERED DEBT, | 4,598,462.78 | |
Credits given to sundries on the treasury books, by virtue of special acts of Congress, which are not yet put on the Funded Debt, | 187,578.65 | |
Certificates issued by the commissioner of army accounts, deducting those w [...]ich have been cancelled and registered, | 7,967,109.73 | |
Certificates issued by the commissioners of the five departments, deducting those which have been cancelled and registered, | 903,574.59 | |
Certificates issued by the late state commissioners, deducting those which have been cancelled and registered, | 3,291,156.37 | |
Loan-office certificates issued in 1781, and expressed as specie value, deducting those which have been cancelled and registered, | 112,704.15 | |
Loan-office certificates, old emissions, reduced to specie value, agreeably to the scale made by Congress, by taking the medium of the loans made in each month, viz. 3,787,900 loaned to 1st September 1777, equal to | Dollars. 90 ths. 3,787,900 | |
* 3,459,000 ditto between 1st Sept. 1777 and 1st March 1778, | 2,538,572 | |
59,830,212 ditto between 1st March 1778, and the closure of the Loan-offices, | 5,146,330 | |
11,463,802 | ||
Deduct specie amount cancelled and registered, | 365,983 | |
1511,097,818.75 | ||
Foreign officers, amount to their credit, the interest whereof is payable at the House of Mons. Grand Banker at Paris, and included in the estimate of foreign interest, | 186,427.69 | |
From which deduct this sum received into the Treasury on account of lands and other property, and cancelled, | 28,344,833.21 | |
960,915.44 | ||
Leaves the amount of the domestic debt, | Dollars, | 27,383,917.67 |
The above estimate was formed to the expiration of the late government—Some variation hath since taken place in the several parts, without making any material alteration in the aggregate amount of the domestic debt: This arises from a daily exchange at the Treasury of Loan-office and Final Settlement Certificates, for Treasury Certificates given as evidences of the registered debt, whereby the increase of the latter is carried on in proportion to the cancelment of the former.
[ SCHEDULE D.] An ESTIMATE of all the INTEREST which will accrue on the DOMESTIC DEBT of the United States, from its formation to the 31st December 1790, of such partial payments as have been made on account thereof, and of the balance which will remain to be provided for, to pay up the interest fully to that period.
Dollars. Cts. | |
THE total amount of interest arising on the loan-office debt, from the opening of the several offices in 1776, to the 31st of December, 1790, | 9,534,478 |
The total amount of interest arising on the army debt, from the several periods of its drawing interest, to the 31st December, 1790, | 5,105,099 |
The total amount of interest arising on certificates issued by the thirteen state commissioners, estimated at | 2,146,799 |
The total amount of interest arising on certificates issued by the commissioners for the commissaries, quarter-masters, marine, cloathing and hospital departments, estimated at | 737,338 |
The total amount of interest arising on the debt registered at the treasury, estimated at | 366,646 |
The total amount of interest on debts entered in the treasury books, but for which certificates have not been issued by the Register, so as to become a part of the registered debt, estimated at | 83,936 |
Total | 17,974,296 |
From this total amount of interest, the following deductions are to be made, viz.
Dollars. Cts. | ||
So much paid on the loan-office debt, in old emission, equal to | 372,368.30 | |
In new emissions, as specie, | 39,433.49 | |
In bills of exchange, as ditto, | 1,663,992 | |
So much paid by the several states in indents, paid into the treasury on account of their quotas on the existing requisitions of the late Congress, | 2,244,231.31 | |
So much paid by the state of New-Jersey to their own citizens, on the domestic debt, not included in the schedule of taxes, | 424,442.22 | |
So much paid by the state of South-Carolina, being two years interest on 222,465 dollars, and 9-90ths, the amount of certificates iessud to the line of that state, at 6 per cent. is | 16,695.73 | |
Total amount of Interest paid, | 4,771,163.5 | |
Deduct three years interest, estimated in the foregoing, on 960,915 dollars, and 42-100ths, being so much of the capital of the domestic debt received in payment for lands and other public property, | 172,964.75 | |
Total amount of deductions, | 4,944,127.80 | |
Leaves a balance of thirteen million and thirty thousand one hundred sixty-eight dollars, and 20 cents, which will accrue on the domestic debt, and for which provision is to be made to pay the interest fully up to the 31st December, 1790, | 13,030,168.20 |
It is to be observed, that as the certificates which have been issued for the principal of a debt of more than twenty-seven millions of dollars, are in themselves exceedingly numerous; and that as those several certificates bear an interest from different periods, it has not been practicable to form a statement of arrearages, but by ascertaining in the most accurate manner, the different periods of time from which the several parts of the domestic debt bear interest, and therefrom calculating the interest to 31st December, 1790.
[ SCHEDULE E.] ABSTRACT of the PUBLIC DEBT of the STATES undermentioned, agreeably to statements transmitted in pursuance of the resolution of the House of Representatives of the 21st of September, 1789.
MASSACHUSETTS. | Dollars. Cents. | ||||
Principal with interest to the 1st day of Nov. 1789. | £.1,548,040 | 7 | 9 | Lawful. | |
Due to sundries for which no certificates have yet been issued, | 20,000 | ||||
Total, | £.1,568,040 | 7 | 9 | at 6s. per Dol. | [...],226,801.29 |
CONNECTICUT. | |||||
Principal bearing interest from the 1st of Feb. 1789, | 560,404 | ||||
To which ought to be added for balance of state bills emitted in the year 1780, bearing interest at 5 per cent. to the 1st March 1785, estimated at | 24,948 | ||||
Total, | £.585,352 | 0 | 0 | at 6s. per Dol. | 1,951,173.33 [...] |
NEW-YORK. | |||||
Principal and interest computed to the 1st day of January 1790, | 1,032,616 | 2 | 0 | ||
From which ought to be deducted for amount of principal and interest of continental securities loaned to the state in pursuance of their act of the 18th day of April 1786, estimated at | 565,586 | ||||
Leaves for state debt proper, | £.467,030 | 2 | 0 | at 8s. per Dol. | 1,167,575.25 |
NEW-JERSEY. | |||||
Principal unredeemed, | 295,755 | 4 | 11 | at 7 s6 per Dol. | 788,680.65 [...] |
VIRGINIA. | |||||
Principal of domestic debt, | 1,063,396 | 17 | 1 | ||
Ditto of foreign debt with interest to the 1st January 1790, | 40,826 | 1 | 1 | ||
Total, | £.1,104,222 | 18 | 2 | at 6s. per Dol. | 3,680,743.2 [...] |
SOUTH-CAROLINA. | |||||
Principal of domestic debt, | 1,069,652 | 2 | 4 | ||
Indents of interest on ditto in circulation, | 71,325 | 7 | 2 | ||
Foreign debt, principal and interest, due to the 1st of January 1789, | 115,810 | 0 | 1 | ||
Total, | £.1,256,787 | 9 | 7 | at 4 s8 per Dol. | 5,386,232.5 |
Total dollars, | 18,201,205.60 [...] |
It will be observed, that the period to which interest is calculated on the debts abovementioned is only specified with accuracy on the statements which have been transmitted from Massachusetts, Connecticut and New-York. From the best information which the Secretary can obtain, he presumes —That in the statement made of the debt of New-Jersey, interest has been calculated to the 31st day of December 1788. That on the debt of Virginia, interest has been calculated to the 31st day of December 1788. On that of South-Carolina, to the 1st day of April 1790.
From the states of New-Hampshire, Pennsylvania, Delaware, Maryland, North-Carolina and Georgia, no accounts of their respective state debts have been forwarded.
The Secretary is however of opinion from the result of enquiries made by him—That the state debt of New-Hampshire may be estimated at about | Dollars 300,000 |
That the state debt proper of Pennsylvania (that is exclusive of their assumption of the continental debt) at about | Dollars 2,200,000 |
And that of Maryland, at | Ditto 800,000 |
From the above statement and estimates, the amount of principal and interest of the state debts (exclusive of Delaware, North-Carolina, Georgia and Rhode-Island) appears to be about twenty-one millions and a half; but as the debts of the four last states are not included in the above sum; and it is possible that a greater arrearage of interest may be due on the state debts than is at present ascertained, the aggregate of the principal and interest may be computed at twenty-five millions of dollars.
COMMONWEALTH OF MASSACHUSETTS. A STATEMENT of the DEBT of the Commonwealth of Massachusetts, as it respects the notes issued by the several Treasurers, to the first of November, 1789.
November 1, 1789, exclusive of half pay notes, | £.1,403,459 | 16 | 11 | |||
Notes issued to widows and orphan children of the deceased officers of the late continental army, for the seven years half pay, agreeable to resolves of Congress, | 8,246 | 11 | 10 | |||
Interest on the foregoing notes since October, 1781, | £.579,660 | 6 | 4 | |||
Of which has been paid | 443,326 | 7 | 4 | |||
Interest remaining due, November 1, 1789, | 136,333 | 19 | 0 | |||
£.1,548,040 | 7 | 9 | ||||
Remains due on the books of the committee for settling with the late continental army, to the widows and orphan children of deceased officers of said army, and to officers and soldiers for their services, about | 20,000 |
N. B. By an act of the legislature, one third part of the revenue of Excise is appropriated to pay the exigencies of government, and the other two third parts for the payment of interest of the notes, which pays about one quarter part of the interest; the other three quarters are unprovided for.
COMPARED with the original, in the office of the Secretary of the Treasury.
STATE OF CONNECTICUT. A STATEMENT of the PUBLIC DEBT of the State of Connecticut, as it st [...]od November 1, 1789.
Notes issued to the Connecticut line, payable June 1, 1782, | £.2,334 | 13 | 11½ |
Ditto ditto 1783, | 2,339 | 13 | 4 |
Ditto ditto 1784, | 3,252 | 12 | 1 |
Ditto ditto 1785, | 42,300 | 6 | 1¾ |
Ditto ditto 1786, | 28,189 | 6 | 3¾ |
Ditto ditto 1787, | 28,448 | 5 | 6¾ |
Ditto ditto 1788, | 21,593 | 0 | 4¼ |
Ditto ditto 1789, | 20,097 | 5 | 7¼ |
Ditto dated February 1, 1781, issued per act of Assembly, Nov. 1780, | 153,229 | 8 | 6¾ |
Ditto of various dates, ditto per act of ditto, May, 1781, | 33,947 | 11 | 8½ |
Ditto dated June 1, 1781, ditto ditto, for remounting dragoons, | 1,932 | 8 | 0 |
Ditto of various dates, ditto ditto, May, 1783, | 41,841 | 6 | 1¾ |
Ditto issued per act of May, 1789, for old notes re-loaned, | 180,890 | 1 | 0 |
560,404 | 18 | 9¼ | |
Notes issued per particular acts of Assembly, payable out of civil list funds, | 2,856 | 11 | 4 |
Certificates for interest, &c. issued on the state debt, up to February 1, 1789, and remaining unpaid November 1, 1789, | 19,140 | 3 | 9¾ |
Balance of orders unpaid, drawn by Oliver Wolcoot, Esq. payable out of the 1 s. tax, granted in January 1783. | 692 | 8 | 10 |
Balance of state bills, which were emitted in March, June and July, 1780, with the interest at 5 per cent. to the 1st of March, 1785, estimated at | 24,948 | 9 | 1 |
There are a number of pay table orders drawn on former taxes, the amount, supposed not great, cannot be ascertained.
There is also out-standing, a sum of old emissions of paper, issued before the war—the amount unknown.
ACCOUNT of LOAN-OFFICE and FINAL SETTLEMENT CERTIFICATES in the treasury of the State of CONNECTICUT.
Loan-office certificates, | £.442 | 19 | 7 |
Final settlement certificates, | 2,151 | 17 | 1 |
£.2,594 | 16 | 8 | |
Amount of interest certificates that were issued upon the evidence of the United States debt, received by the treasurer of the state of Connecticut for taxes and impost duties, and delivered to William Imlay, Esq. continental loan-officer, from January 9, 1786, to November 1, 1789, | £.33,996 | 15 | 3 |
COMPARED with the original in the office of the Secretary of the Treasury.
A STATEMENT of the FUNDS provided for the payment of the principal and interest of the public debt of the state of CONNECTICUT.
BALANCES of taxes laid for the payment of interest on the state debt, and the first three classes of army notes, as appears from the treasury books, November 1, 1789, being the balance of fifteen taxes, including abatements, collecting fees, &c. | £.40,489 | 14 | 10 |
Balance of excise and impost bonds payable, including collecting fees, &c. | 9,070 | 15 | 2 |
A tax of four pence on the pound, laid on the list, 1788, amounting to £.1,462,860 10 11 for the payment of interest on the state debt, and the balance of the three first classes of the state notes; the nett avails estimated at | 20,266 | 14 | 4 |
A tax of eight pence on the pound, on the same list, laid for the payment of the balance of state bills, orders on 2s. 6d. and 1s. taxes, and part of the principal of the state debt; the nett avails estimated at | 40,533 | 8 | 8 |
Excise for the payment of interest on the state debt, &c. estimated at | 5,000 | 0 | 0 |
The first article in the above statement of funds will probably, upon settlement of those old taxes, fall greatly short of the sum set down; to say how much, is merely conjectural. There will also be a loss upon the excise and impost bonds. The amount of the excise for the current year is very uncertain.
STATE OF NEW-YORK. A STATEMENT of the DEBT of the State of NEW-YORK.
The following species of Certificates, &c. have been issued by the State, and are still unredeemed, viz.
Principal Sum, Spec. val. | Interest to Jan. 1, 1790. | |||||
Certificates for Money loaned, pursuant to resolutions of the 4th day of April, 1778, | £. 111 | 13 | 3 | £. 78 | 14 | 5 |
for do. pursuant to a law of the 30th of June, 1780, | 741 | 6 | 0 | 422 | 10 | 9 |
for horses purchased in the year 1780, | 904 | 5 | 0 | 515 | 8 | 5 |
for depreciation of pay to the army dated 31st July, 1780, | 54,520 | 1 | 7 | 25,669 | 17 | 4 |
for pay of the year 1781, to do. dated the 1st January, 1782, | 17,972 | 6 | 9 | 8,626 | 14 | 0 |
for pensions to widows of military officers, | 8,104 | 18 | 2 | 3,647 | 4 | 2 |
for pay of levies, militia, &c. &c. | 42,871 | 4 | 3 | 18,220 | 5 | 3 |
for other certificates received on loan, pursuant to a law passed the 18th April, 1786, | 523,848 | 5 | 1 | 144,058 | 5 | 4 |
for four-fifths of the interest due on those received on loan, | 105,669 | 9 | 8 | |||
for claims on forfeited estates | 25,897 | 8 | 10 | 3,884 | 12 | 3 |
Bills of credit, called New Emission, emitted pursuant to a law passed the 30th of June, 1780, bearing interest, | 3,612 | 16 | 0 | 1,174 | 3 | 1 |
Ditto, emitted pursuant to resolutions of Congress, and Convention of this State, reduced to specie value, | 1,047 | 0 | 0 | |||
£.785,300 | 14 | 7 | £.206,297 | 15 | 0 | |
There are large demands against forfeited estates, unliquidated, and others liquidated, for which no certificates have yet issued, to the amount of | 41,017 | 12 | 5 |
[Page 29]There are no funds specially provided for redeeming the aforesaid Certificates, except the following, viz.
The arrears of old taxes may probably produce about | £. 10,000 | 0 | 0 |
Quit rents, about | 20,000 | 0 | 0 |
Fifteen townships of new lands, or 375,000 acres, ordered to be sold (by a law passed the 25th February, 1789,) and are now surveying.
An ACCOUNT of CONTINENTAL SECURITIES now in the Treasury of the State of NEW-YORK, viz.
Principal. | Int. 1 st Jan. 1790. | |||||
Certificates issued by William Barber, | £. 352,471 | 13 | 1 | £. 105,741 | 9 | 11 |
Ditto, by loan-officers in this State, | 277,448 | 16 | 4 | 83,234 | 12 | 11 |
Ditto, by John Pierce, Burrall, Denning, Bindon, and Fox, | 299,614 | 4 | 5 | 89,884 | 5 | 4 |
Interest facilities, | 2, [...]02 | 14 | 8 | |||
£. 932,037 | 8 | 6 | £. 278,860 | 8 | 2 |
OF the above-mentioned Loan-Office and Barbers's Certificates, the sum of £.470,649 17 6 was received in on loan by the State in 1786, and one fifth of the interest that was due thereon, to the 31st December, 1784, then paid, and certificates for the remaining four fifths issued, payable in one year, of which certificates three fourths remain unredeemed, as represented in the former part of this statement.
COMPARED with the Original in the office of the Secretary of the Treasury.
An ACCOUNT of CERTIFICATES due from the UNITED STATES to the INHABITANTS of the State of NEW-JERSEY, which draw interest at the TREASURY.
Principal. | Annual Interest. | |||||
1st. Continental loan-office certificates, | £. 420,511 | 0 | 10 | 25,230 | 13 | 3 |
2d. Certificates issued by John Pierce, commissioner, for arrears of pay, &c. | 147,118 | 15 | 2 ¼ | 8,827 | 2 | 6 |
3d. Certificates by Benjamin Thompson, Commissioner, | 344,237 | 11 | 2 | 20,654 | 5 | 0 |
£. 911,867 | 7 | 2 ¼ | 54,712 | 0 | 9 | |
COMMUTATION. | ||||||
4th. Certificates issued by John Pierce, Commissioner, and given to the officers of the late Jersey line, for their commutation, | 66,899 | 2 | 6 | |||
STATE DEBT. | ||||||
1st. Certificate [...] given to the officers and soldiers of the late Jersey line, for the depreciation of their pay, of which there was outstanding October 1, 1786, | 99,526 | 11 | 4 | |||
2d. Ditto given by the Commissioners in the several counties for militia pay, of which there was outstanding October 1, 1786, | 55,565 | 17 | 7 ½ | |||
3d. Certificates given by Silas Condict, Commissioner, | 121,521 | 8 | 7 | |||
4th. Ditto given by the Treasurer and Auditor for demands against confiscated estates, | 32,020 | 2 | 9 | |||
5th. Ditto issued by the Auditor for militia pay, | 821 | 4 | 7 ½ | |||
£. 309,255 | 4 | 11 | ||||
Paid into the Treasury since October 1786, | 13,500 | 0 | 0 | |||
£. 295,755 | 4 | 11 | ||||
Annual interest of state debt, | £, 17,745 | 6 | 3 ½ |
COMPARED with the Original in the Office of the Secretary of the Treasury.
ABSTRACT of the PUBLIC DEBTS due from the State of VIRGINIA.
ON interest at 6 per cent. | Army debt for pay and depreciation of the officers and soldiers, | £.936,830 | 7 | 6 |
Loan-office debt, | 119,382 | 7 | 4 | |
Certificates issued for the paper money funded, | 7,183 | 2 | 3 | |
Balance due to Foreign creditors, including the interest (at 6 per cent.) to the 1st January, 1790, on £.9,415 0 2 part of the said balance, for which warrants have not been drawn by the creditors, | 40,826 | 1 | 1 |
COMPARED with the original in the office of the Secretary of the Treasury.
The Auditor-General reports the following STATEMENT of the DEBT due by the State of SOUTH-CAROLINA, viz.
BALANCE issued from the treasury of the state aforesaid, and yet remaining to be issued on the 1st of October, 1789, | £.1,069,652 | 2 | 4 ½ | |||
To be cancelled by | ||||||
Balance of bonds for confiscated property, | £.79,985 | 10 | 0 ¼ | |||
Purchases of ditto, unsettled for, | 12,910 | 0 | 0 | |||
Balance of amercements, | 7,713 | 4 | 6 | |||
Ditto for bonds for public property | 35,065 | 10 | 6 | |||
Ditto for lands granted to 1st November, 1789, | 42,568 | 1 | 7 ¼ | 178,242 | 6 | 8 |
Balance still to be cancelled, | Sterling, | £.891,409 | 15 | 8 ½ |
Amount issued, and to be issued, | £.440,368 | 0 | 0 |
Deduct, for so much received into the Treasury, | 369,042 | 12 | 9 ¼ |
Balance in circulation, and yet to be issued, | £.71,325 | 7 | 2 ¼ |
Agreeably to a report of the committee of ways and means, the debts due to the State for the arrears of taxes, &c. are sufficient to cancel the above balance.
Amount due to sundry persons, | £.93,244 | 17 | 4 | ||||||
Balance of interest due 1st January, 1789, | £.29,558 | 4 | 11 ¼ | ||||||
Deduct, for so much paid I.S. Cripps, agent, | £.4,949 | 5 | 4 ¼ | ||||||
Balance paid to such creditors as were here or their attorneys, | 2,043 | 16 | 10 | 6,993 | 2 | 2 [...] | 22,565 | 2 | 9 |
Principal and balance due 1st January, 1789, | £.115,810 | 0 | 1 |
Out of the taxes payable the 1st April, 1790, | £.10,000 | ||
Interest on the paper medium, to 1st May, 1791, | 12,750 | ||
Balance of bonds given for confiscated property, payable in specie, | 1,610 | 17 | 3 |
The sums due, and that shall become due, for amercements, in specie, | 8,371 | 16 | 6 |
Balance of bonds given for duties, payable by instalments, | 6,2 [...]0 | 14 | 3 |
Bonds for duties due prior to 1st Jan. 1788, not installed, | 233 | 3 | 4 1/ [...] |
A tax of 1-4th of a dollar per head, per annum, on all negroes, mustizoes, and mulattoes, for ten years, from February 1791, the number computed to be about 100,000, which will amount to | 58,333 | 6 | 8 |
Sterling, | £.97,539 | 18 | 0 ¼ |
COMPARED with the original in the office of the Secretary of the Treasury.
( SCHEDULE F.) TABLE shewing the ANNUITY which a person of a given age, would be entitled to during life, from the time he should arrive at a given age, upon the present payment of a hundred dollars, computing Interest at four per cent.
Age at the time of payment. | Age when entitled. | Annuity | Age when entitled. | Annuity. | Age when entitled. | Annuity. | Age when entitled | Annuity. |
1 | 21 | 23.453 | 31 | 42.625 | 41 | 84.522 | 50 | 174.11 |
2 | 22 | 20.376 | 32 | 37.365 | 42 | 74.936 | 50 | 143.14 |
3 | 23 | 19.415 | 33 | 35.775 | 43 | 72.440 | 50 | 128.46 |
4 | 24 | 18.826 | 34 | 34.970 | 44 | 71.697 | 50 | 117.64 |
5 | 25 | 18.457 | 35 | 34.660 | 45 | 71.840 | 50 | 108.95 |
6 | 26 | 18.280 | 36 | 34.619 | 46 | 72.584 | 50 | 101.60 |
7 | 27 | 18.188 | 37 | 34.767 | 47 | 73.752 | 50 | 95.210 |
8 | 28 | 18.258 | 38 | 35.235 | 48 | 75.720 | 50 | 89.971 |
9 | 29 | 18.383 | 39 | 35.830 | 49 | 78.025 | 50 | 85.238 |
10 | 30 | 18.617 | 40 | 37.006 | 50 | 81.960 | ||
11 | 21 | 10.346 | 31 | 18.803 | 41 | 37.286 | 50 | 75.500 |
12 | 22 | 10.414 | 32 | 19.072 | 42 | 38.162 | 50 | 73.058 |
13 | 23 | 10.519 | 33 | 19.382 | 43 | 39.249 | 50 | 70.246 |
14 | 24 | 10.608 | 34 | 19.704 | 44 | 40.493 | 50 | 66.279 |
15 | 25 | 10.727 | 35 | 20.088 | 45 | 41.638 | 50 | 63.151 |
16 | 26 | 10.818 | 36 | 20.489 | 46 | 42.957 | 50 | 60.129 |
17 | 27 | 10.939 | 37 | 20.911 | 47 | 44.358 | 50 | 57.258 |
18 | 28 | 11.065 | 38 | 21.354 | 48 | 45.888 | 50 | 54.520 |
19 | 29 | 11.195 | 39 | 21.821 | 49 | 47.519 | 50 | 51.907 |
20 | 30 | 11.352 | 40 | 22.313 | 50 | 49.415 | ||
21 | 31 | 11.515 | 41 | 22.836 | 50 | 47.038 | ||
22 | 32 | 11.687 | 42 | 23.386 | 50 | 44.770 | ||
23 | 33 | 11.846 | 43 | 23.987 | 50 | 42.534 | ||
24 | 34 | 12.028 | 44 | 24.719 | 50 | 40.460 | ||
25 | 35 | 12.253 | 45 | 25.396 | 50 | 38.510 | ||
26 | 36 | 12.462 | 46 | 26.128 | 50 | 36.572 | ||
27 | 37 | 12.682 | 47 | 26.902 | 50 | 34.726 | ||
28 | 38 | 12.913 | 48 | 27.749 | 50 | 32.967 | ||
29 | 39 | 13.155 | 49 | 28.647 | 50 | 31.329 | ||
30 | 40 | 13.385 | 50 | 29.643 | ||||
31 | 41 | 13.629 | 50 | 28.073 | ||||
32 | 42 | 13.884 | 50 | 26.580 | ||||
33 | 43 | 14.190 | 50 | 25.161 | ||||
34 | 44 | 14.547 | 50 | 23.812 | ||||
35 | 45 | 14.827 | 50 | 22.483 | ||||
36 | 46 | 15.157 | 50 | 21.217 | ||||
37 | 47 | 15.512 | 50 | 20.023 | ||||
38 | 48 | 15.896 | 50 | 18.886 | ||||
39 | 49 | 16.301 | 50 | 17.806 | ||||
40 | 50 | 16.783 |
( SCHEDULE G.) TABLE shewing what ANNUITY would be enjoyed by the Survivor of any two persons of certain ages, for the remainder of life, after the determination of the life in expectation, upon the present payment of one hundred dollars, computing Interest at four per cent. per annum, and the duration of life according to Doctor Halley's Tables.
Age of the youngest. | Age of the eldest | Annuity of Survivor. | Age of the youngest. | Age of the eldest. | Annuity of Survivor. | Age of the youngest. | Age of the eldest. | Annuity of Survivor. | Age of the youngest. | Age of the eldest. | Annuity of Survivor. |
10 | 28.248 | 20 | 28.169 | 30 | 28.555 | 45 | 30.620 | ||||
15 | 26.392 | 25 | 26.041 | 35 | 26.001 | 50 | 27.005 | ||||
20 | 24.545 | 30 | 23.923 | 40 | 23.496 | 55 | 23.375 | ||||
25 | 22.716 | 35 | 21.753 | 45 | 21.061 | 45 | 60 | 20.040. | |||
30 | 20.920 | 40 | 19.825 | 30 | 50 | 18.730 | 65 | 16.957 | |||
35 | 19.168 | 20 | 45 | 17.876 | 55 | 16.529 | 70 | 14.240 | |||
10 | 40 | 17.464 | 50 | 16.018 | 62 | 14.484 | |||||
45 | 15.847 | 55 | 14.261 | 65 | 12.600 | 50 | 32.164 | ||||
50 | 14.263 | 60 | 12.620 | 70 | 10.894 | 55 | 27.731 | ||||
55 | 12.782 | 65 | 11.100 | 50 | 60 | 23.513 | |||||
60 | 11.237 | 70 | 9.707 | 35 | 28.993 | 65 | 19.662 | ||||
65 | 10.099 | 40 | 26.164 | 70 | 16.257 | ||||||
70 | 8.905 | 25 | 27.816 | 45 | 23.381 | ||||||
30 | 25.556 | 50 | 20.702 | 55 | 34.286 | ||||||
15 | 28.169 | 35 | 23.331 | 35 | 55 | 18.172 | 60 | 28.843 | |||
20 | 26.198 | 40 | 21.159 | 60 | 15.820 | 55 | 65 | 23.742 | |||
25 | 24.219 | 45 | 19.047 | 65 | 13.666 | 70 | 19.175 | ||||
30 | 22.276 | 25 | 50 | 17.030 | 70 | 11.724 | 60 | 37.509 | |||
35 | 20.376 | 55 | 15.117 | 60 | 65 | 30.423 | |||||
40 | 18.528 | 60 | 13.331 | 40 | 29.673 | 70 | 24.044 | ||||
15 | 45 | 16.750 | 65 | 11.689 | 45 | 26.469 | |||||
50 | 15.053 | 70 | 10.173 | 50 | 23.337 | 65 | 42.481 | ||||
55 | 12.968 | 40 | 55 | 20.354 | 65 | 70 | 32.679 | ||||
60 | 11.948 | 60 | 17.604 | ||||||||
65 | 10.553 | 65 | 15.060 | 70 | 70 | 50.994 | |||||
70 | 9.270 | 70 | 12.799 |
To find the Annuity upon the Survivorship of the youngest of any two lives, expressed in this table, look for the respective ages under their respective heads, and opposite the number, which corresponds with the age of the eldest will be seen the Annuity required.
[ SCHEDULE H.] TABLE for a TONTINE of Six Classes, the number of lives in each class being indefinite, calculated on a payment of two hundred dollars by each subscriber, and at a rate of interest of four per cent. The computation on the best life in each class, and on the supposition that the subscribers to each class will not be less than the respective numbers specified in the first column.
Number of Lives in each Class. | Ages. | Annuity whilst all are in life | Dividends at successive periods during the probable continuance of life. | ||||||
At the expiration of 10 years. | At the expiration of 20 years. | At the expiration of 30 years. | At the expiration of 40 years. | At the expiration of 50 years. | At the expiration of 60 years. | At the expiration of 70 years. | |||
75 | 1 to 20 | 8,426 | 9,722 | 11,490 | 14,042 | 18,054 | 25 278 | 42,130 | 126,390 |
64 | 21 to 30 | 8,676 | 10,272 | 12,606 | 16,314 | 23,110 | 39,618 | [...]38,666 | |
54 | 31 to 40 | 9,046 | 11,102 | 14,366 | 20,354 | 31,890 | 122,282 | ||
44 | 41 to 50 | 9,650 | 12,488 | 17,608 | 30,328 | 106,150 | |||
34 | 51 to 60 | 10,714 | 15,178 | 26,020 | 91,068 | ||||
24 | 61 to 70 | 12,802 | 20,518 | 71,802 |
This Table, which is calculated on so small a number of persons, will serve to shew the greatness of the advantage to fortunate survivors, in case of a numerous subscription.
[ SCHEDULE I.] GENERAL ESTIMATE for the Services of the Current Year.
Civil List, as per No. 1, | 254,892.73 |
War department, No. 2, | 155,537.72 |
Military Pensions, No. 3, | 96,979.72 |
Dollars, | 507,410.17 |
With an eye to the necessary provisions for the foreign department, and to other arrangements which may be found requisite, it appeared advisable to state in the report, to which this is annexed, a sum of six hundred thousand dollars for the current service.
Treasury Department, January 5, 1790.
[ No. I.] ESTIMATE of the Expenditure for the Civil List of the United States, on the present establishment for the year 1790.
Dollars. | |
For the compensation to the President of the United States, | 25,000 |
That of the Vice-President, | 5,000 |
Compensation to the Chief Justice, | 4,000 |
Ditto to each of the five Associate Justices, 3500 dollars each, | 17,500 |
To the Judges of the following Districts, viz. | |
District of Maine, | 1,000 |
New-Hampshire, | 1,000 |
Massachusetts, | 1,200 |
Connecticut, | 1,000 |
New-York, | 1,500 |
New-Jersey, | 1,000 |
Pennsylvania, | 1,600 |
Delaware, | 800 |
Maryland, | 1,500 |
Virginia, | 1,800 |
Kentuckey, | 1,000 |
South-Carolina, | 1,800 |
Georgia, | 1,500 |
Attorney-General, | 1,500 |
Carried forward, | 69,700 |
[Page 33]
Dols. Cts. | Dols. Cts. | |||||||
Brought forward, | 69,700 | |||||||
Compensation to the members of Congress, estimating the attendance of the whole number for six months, viz.
|
104,790 | |||||||
|
1,865 | |||||||
Principal Clerk to the Secretary of the Senate, for the same time, at three dollars per day, | 547.50 | |||||||
Engrossing Clerk to the Secretary of the Senate, estimated for same time, at two dollars per day, | 365 | |||||||
Chaplain to the Senate, estimated for six months, at five hundred dollars per annum, | 250 | |||||||
Compensation to the door-keeper of the Senate, for the same time, at three dollars per day, | 547.50 | |||||||
Messenger to the Senate, for the same time, at 2 dollars per day, | 365 | |||||||
|
1,865 | |||||||
Principal Clerk in the office of do. estimated for same time, at three dollars per day, | 547.50 | |||||||
Engrossing Clerk for same time, estimated at two dollars per day, | 365 | |||||||
Chaplain to the House of Representatives, estimated for same time, at five hundred dollars per annum, | 250 | |||||||
Serjeant at arms, estimated for same time at 4 dols. per day, | 730 | |||||||
Door-keeper, for same time, at 3 dollars per day, | 547.50 | |||||||
Assistant door-keeper for do. at 2 dollars per day, | 365 | 183,100 | ||||||
TREASURY DEPARTMENT. | ||||||||
Secretary of the Treasury, | 3,500 | |||||||
Assistant of the Secretary of the Treasury, | 1,500 | |||||||
Five Clerks, at 500 dollars per annum each, | 2,500 | |||||||
Messenger and office keeper, | 150 | |||||||
Comptroller of the Treasury, | 2,000 | |||||||
Principal Clerk to do. | 800 | |||||||
Four Clerks, at 500 dollars each, | 2,000 | |||||||
Treasurer, | 2,000 | |||||||
Principal Clerk to do. | 600 | |||||||
Auditor of the Treasury, | 1,500 | |||||||
Principal Clerk to do. | 600 | |||||||
Twelve Clerks to do. who, besides the current business under the New Government, has the settlement of the accounts which arose under the Confederation, in the quarter-master, commissary, clothing, hospital, and marine departments, and ordinance stores; and also the accounts of the secret and commercial committees of Congress, at 500 dollars each, | 6,000 | |||||||
Register of the Treasury | 1,250 | |||||||
One Clerk on the books of the public creditors, called Funded Debt at the Treasury, transfers, &c. | 500 | |||||||
One Clerk in the office of the Register, employed in keeping the accounts of interest arising on the domestic debt, | 500 | |||||||
One do. on the principal books of the treasury, in journalizing and posting into the ledger, | 500 | 25,850 | ||||||
Carried forward, | 208,950 |
[Page 34]
Brought forward, | 208,950 | |
One [...] in copying fair statements of the public accounts, and othe [...] [...]ranscripts as required from the treasury books, | 500 | |
One do. in keeping the accounts of the registers, signed and sealed, &c. for ships transmitted to the collectors of the customs at the several ports; filing duplicates of registers issued by the collectors; keeping the accounts of the transfers of vessels, and other business of record, arising from Act for registering of vessels, regulating the coasting trade, and other purposes therein mentioned, | 500 | |
Two do. on the old accounts of the treasury, and books and accounts of the thirteen late state commissioners, at five hundred dollars each, | 1,000 | |
Messenger and office keeper to the comtroller, auditor and register's office, | 150 | 2,150 |
DEPARTMENT OF STATE. | ||
Secretary of that department, | 3,500 | |
Chief Clerk, | 800 | |
Three Clerks, at 500 dollars each, | 1,500 | |
Messenger and office keeper, | 150 | 5,950 |
DEPARTMENT OF WAR. | ||
Secretary of the department, | 3,000 | |
Chief Clerk, | 600 | |
Two Clerks at five hundred dollars each, | 1,000 | |
Messenger and office keeper, | 150 | 4,750 |
GOVERNMENT OF THE WESTERN TERRITORY. | ||
The Governor for his salary as such, and for discharging the duties of Superintendant of Indian affairs in the northern department, | 2,000 | |
The Secretary of the Western Territory, | 750 | |
The Three Judges, at eight hundred dollars each, | 2,400 | 5,150 |
OFFICERS employed to settle the accounts between the United States and individuals States. | ||
Three Commissioners of the General Board, at two thousand two hundred and fifty dollars per annum, | 6,750 | |
Chief Clerk, | 600 | |
Four Clerks, at four hundred dolla [...] each, | 1,600 | |
Messenger and office keeper, | 150 | |
Paymaster-General, and Commissioner of Army Accounts, | 1,250 | |
Eight Clerks, at five hundred dollars each, | 4,000 | |
One do. at four hundred dollars, | 400 | |
One do. at four hundred and fifty dollars, | 450 | 15,200 |
PENSIONS granted by the late Government. | ||
|
600 | |
Dominique L'Eglise, per act of 8th of August, 1782, | 120 | |
Joseph Traversie, per do. | 120 | |
Youngest Children of the late Major-General Warren, per act of 1st July, 1780, | 450 | |
Eldest Son of do. per act of 8th April, 1777, estimated at, | 600 | |
Youngest Son of General Mercer, per act of 8th April, 1777, estimated at, | 700 | |
|
120 | |
Carried forward, | 2,710 | 242,150 |
[Page 35]
Dols Cts. | Dols. Cts. | ||
Brought forward, | 2,710 | 242,150 | |
Elizabeth Bergen, per act of 21st August, 1781, | 53.33 | ||
Joseph De Beauleau, per act 5th August, 1782, | 100 | ||
Richard Gildley, per acts of 17th November, 1775, and 26th February, 1781, | 444.40 | ||
Lieutenant-Colonel Touzard, per act of 27th October, 1778, | 360 | 3,667.73 | |
For INCIDENTAL and CONTINGENT EXPENCES relative to the CIVIL LIST Establishment. | |||
Under this head are comprehended fire wood, stationary, together with printing work, and all other contingent expences for the two Houses of Congress; rent and office expences of the three several departments, viz. Treasury, State, War, and of the General Board of Commissioners, and Paymaster-General. | |||
Congress, estimated at, | 5,000 | ||
Treasury Department, viz. | |||
Rent, | 500 | ||
Contingencies of the Secretary's office, | 500 | ||
Comptroller's | 400 | ||
Auditor's | 200 | ||
Register's | 200 | ||
Treasurer's | 200 | 2,000 | |
Ditto War Department, | 600 | ||
Department of State, | 500 | ||
Board of Commissioners, | 500 | ||
Paymaster, and Commissioner of Army Accounts, | 425 | 9,025 | |
Dollars, | 254,892.73 |
THIS estimate corresponds with the existing provisions; but it will probably receive additions from others in the course of the session:—In particular it will be observed, that there is no article respecting the salaries of Foreign Ministers, their allowances not having been regulated by law.— Neither does the estimate include those objects which remain to be provided for in consequence of some deficiency in the estimate for the services of last year, and also from certain demands on the Treasury, founded on acts of the late Government, which require an appropriation by Congress, previous to their being discharged—These will form an estimate by themselves under the head of Contingencies.
[ No. II.] ESTIMATE of MONIES Requisite for the DEPARTMENT of WAR, for the year 1790.
Dollars. | ||
1 Brigadier General with the pay of Lieutenant Colonel Commandant for 12 Months at | 50 Dollars, | 600 |
2 Majors, | 45 | 1,080 |
7 Captains, | 35 | 2,940 |
7 Lieutenants, | 30 | 2,520 |
8 Ensigns, | 20 | 1,920 |
1 Paymaster, | 10 | 120 |
1 Adjutant, | 10 | 120 |
1 Quarter Master, | 10 | 120 |
1 Surgeon, | 45 | 540 |
4 Surgeon's Mates, | 30 | 1,440 |
28 Sergeants, | 6 | 2,016 |
28 Corporals, | 5 | 1,680 |
14 Musicians, | 5 | 840 |
490 Privates, | 4 | 23,520 |
Carried forward, | 39,456 | |
Brought forward, | 39,456 |
[...] Major 12 Months, | at 45 Dol. | 540 |
4 Captains, | 35 | 1,680 |
8 Lieutenants, | 30 | 2,880 |
[...] Surgeon's Mate, | 30 | 360 |
16 Serjeants, | 6 | 1,152 |
16 Corporals, | 5 | 960 |
[...] Musicians, | 5 | 480 |
240 Matrosses, | 4 | 11,520 |
19,57 [...] |
1 Brigadier General 12 Months, | at 48 Dol. | 576 |
3 Majors, | 20 | 720 |
11 Captains, | 12 | 1,584 |
23 Subalterns, | 8 | 2,208 |
1 Surgeon, | 16 | 192 |
5 Surgeon Mates, | 8 | 480 |
5,760 |
For 840 Non Commissioned Officers and Privates, one ration pr. day each for 365 days, is 306,600 rations at 12 cents pr. ditto, | 36,792 | 101,580 |
|
24,440 |
TRANSPORTATION. Including the transportation of the recruits to the frontiers, the removal of troops from one station to another, the transportation of clothing, ordnance, and military stores for the troops on the frontiers—the necessary removal of ordnance military stores—the hire of teams and pack-horses—the purchase of tents, boats, axes, camp-kettles, boards, fire-wood; company books, stationary for the troops, and all other expences in the quarter-master's department, | 15,000 |
For medicines, instruments, furniture and stores for an hospital for the frontiers, also for attendance when necessary at West-Point, | 1,000 |
For salaries for the store keepers at the several deposits, viz. | ||
|
1,440 | |
Charleston, 1 Store keeper at 100 dols. pr. annum, | 100 | |
2 Assistants, at 15 do. pr. month, | 360 | |
1 Store keeper at Philadelphia, | 500 | |
1 ditto, Rhode-Island, | 96 | |
1 ditto, Lancaster, | 96 | |
1 ditto, Fort Harkemer, | 120 | |
His subsistence, 1 dollar pr. week, | 52 | 172 |
RENTS of BUILDINGS for DEPOSITS. | ||
Philadelphia, | 752.66 | |
Virginia, | 350 | |
West-Point, | 400 | 1,502.66 |
Labourers at the several Deposits, | 400 | |
8 Artificers at the posts on the frontiers, including armourers, at 5 dollars pr. month, | 480 | |
Coopers, armourers, and carpenters employed occasionally at the several arsenals, | 500 | |
The expence of materials and constructing twenty new carriages for cannon and howitzers, | 2,000 | 7,646,66 |
Carried forward, | 149,666.66 | |
Dols. Cts. | Dols. Cts. | |
Brought forward, | 149,666.66 | |
Buildings for arsenals and magazines are highly requisite in the southern and middle departments, for which particularly estimates will be formed. | ||
CONTINGENCIES of the WAR Department, viz. | ||
For maps, hiring expresses, allowance to officers for extra expences, printing, loss of stores of all kinds, advertising and apprehending deserters, | 3,00 [...] | |
CONTINGENCIES of the WAR Office, viz. | ||
Office rent, wood, stationary, desks, book cases, sweeping, &c. | 600 | |
Subsistence due the officers of Colonel Marinus Willet's regiment in 1782, | 786.6 | |
Pay due Lieutenant Joseph Wilcox, pay master to the regiment lately commanded by Col. David Humphreys, | 315 | |
Pay subsistence and forage due the officers appointed by the State of Rhode-Island, under the act of Congress of the 20th October, 1786, | 1,770 | 2,871.6 |
156,137.72 | ||
Total amount as ab [...]ve, | 156,137.72 | |
Deduct contingencies of the War Office, office rent, wood, stationary, desks, &c. as above, the same being included with the salaries in the civil list estimate, | 600 | |
Dollars | 155,537.72 |
- Pay of the troops,
- 59,028
- Subsistence of ditto,
- 42,552
- Clothing of ditto,
- 24,440
- Quarter masters department,
- 15,000
- Hospital department,
- 1,000
- Contingencies of the war department,
- 3,000
- Contingencies of the war office,
- 600
- Arrears of pay and subsistence unprovided for,
- 2,871.6
- Ordnance department,
- 7,646.66
- Dollars,
- 156,137.72
[ No. III.] ESTIMATE of the Annual PENSIONS of the INVALIDS of the United States, viz.
Taken from returns in the War-Office, dated as follows:
Dols. Cts. | Dols. Cts. | ||
November 28, 1789, | New-Hampshire, | 3,024 | |
December 14, | Massachusetts, | 11,166 | |
December 1, | Connecticut, | 7,296 | |
December 31, | New-York, | 15,588 | |
February 2, | New-Jersey, | 4,357.6 | |
December 10, | Pennsylvania, | 16,506 | |
For 1787, | Virginia, | 9,276.66 | |
67,213.72 |
Suppose Rhode-Island and Delaware nearly equal to New-Hampshire, | 3,170 | |
Maryland nearly equal to Connecticut, | 7,000 | |
North-Carolina, South-Carolina and Georgia, nearly equal to New-Hampshire, Connecticut and Virginia, | 19,596 | |
29,766 | ||
Dollars, | 96,979.72 |
An ACT repealing, after the last day of [...] next, the Duties heretofore laid upon distilled Spirits imported from abroad, and laying others in their stead, and also upon Spirits distilled within the United States, as well to discourage the excessive use of those Spirits, and promote Agriculture, as to provide for the support of the Public Credit, and for the Common Defence and General Welfare.
I. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * that after the last day of [...] next, the duties laid on distilled spirits by the act entitled "An act for laying a duty on goods, wares and merchandizes imported into the United States," shall cease; and that upon all distilled spirits which shall be imported into the United States, after that day, from any foreign port or place, there shall be paid for their use the duties following, that is to say,
1st. For every gallon of those spirits more than ten per cent. below proof, according to Dicas's hydrometer, twenty cents.
2d. For every gallon of those spirits under five, and not more than ten per cent. below proof, according to the same hydrometer, twenty-one cents.
3d. For every gallon of those spirits of proof, and not more than five per. cent below proof, according to the same hydrometer, twenty-two cents.
4th. For every gallon of those spirits above proof, but not exceeding twenty per cent. according to the same hydrometer, twenty-five cents.
5th. For every gallon of those spirits more than twenty, and not more than forty per cent. above proof, according to the same hydrometer, thirty cents.
6th. For every gallon of those spirits, more than forty per cent. above proof, according to the same hydrometer, forty cents.
II. And be it further enacted, that the said duties shall be collected in the same manner, by the same persons, under the same regulations, and subject to the same forfeitures and other penalties, as those heretofore said; the act concerning which shall be deemed to be in full force for the collection of the duties herein before imposed, except as to the alterations contained in this act.
III. And be it further enacted, † that the said duties at the option of the proprietor, importer or consignee, may either be paid immediately, or secured by bond, with one or more sureties, to the satisfaction of the collector, or person acting as such, with condition for the payment of one moiety in four months, and the other moiety in eight months: Provided that where the said duties shall not exceed fifty dollars, the same shall be immediately paid; and that where the same shall exceed fifty dollars, if the said proprietor, importer or consignee shall think fit to make present payment thereof, there shall be an abatement to him or her, at the rate of seven per cent per annum, only for such present payment, the allowance of ten per cent. in the said former act notwithstanding.
And as not only a due regard to the exigencies of the public, and to the interest and ease of the community, but justice to those virtuous citizens, who, content with the emoluments of fair and honorable trade, disdain to violate the laws of their country, and the principles of probity, requires that every possible impediment should be opposed to the fraudulent views of those who wish to profit at the expence both of the fair trader and of the community—
IV. Be it further enacted, ‡ that the President of the United States of America, be authorised to appoint, with the advice and consent of the Senate, such number of officers as shall appear to him necessary, to be denominated Inspectors of the revenue; and to assign to them respectively such districts or limits for the exercise of their respective offices, as he shall judge best adapted to the due execution thereof; dividing the districts, if he shall think it adviseable, into general and particular, and placing the Inspectors of the latter under the superintendance of the former, within the limits whereof they shall be respectively comprehended; and also to make such allowances to the said Inspectors, and to the Deputies and officers by them appointed and employed for their respective services in the execution of this act, to be paid out of the product of the said duties, as shall be reasonable [Page 39] and proper: Provided always, that the whole amount of the said allowances shall not exceed [...] per cent. of the said product, computed throughout the United States; and that, being once regulated by the said President, they shall be alterable in such manner only as shall from time to time be prescribed by law.
V. And be it further enacted, that the Inspector or Inspectors of the revenue for each district, shall establish one or more offices within the same, and that there shall be one at least at each port of delivery; and in order that the said offices may be publicly known, there shall be painted or written, in large legible characters, upon some conspicuous part outside and in front of each house building or place in which any such office shall be kept, these words, "Office of Inspection;" and if any person shall paint or write, or cause to be painted or written, the said words, upon any other than such house or building, he or she shall forfeit and pay for so doing, one hundred dollars.
VI. And be it further enacted, that within forty-eight hours after any ship or vessel, having on board and distilled Spirits brought in such ship or vessel from any foreign port or place, shall arrive within any port of the United States, whether the same be the first port of arrival of such ship or vessel or not; the master or person having the command or charge thereof, shall report to the Inspector or other chief officer of Inspection of the port at which she shall so arrive, the place from which she last sailed with her name and burthen and the quantity and kinds of the said spirits on board of her, and the casks or cases containing them, with their marks and numbers on pain of forfeiting five hundred dollars.
VII. And be it further enacted, that the Collector or other officer, or person acting as Collector of any port, with whom entry shall have been made of any of the said spirits, pursuant to the said act laying a duty on goods, wares and merchandizes imported into the United States, shall forthwith after such entry certify and transmit the same, as particularly as it shall have been made with him, to the Inspector of the revenue, or other proper officer of inspection, of the port where it shall be intended to commence the delivery of the spirits so entered, or any part thereof; for which purpose, every proprietor, importer or consignee, making such entry, shall deliver two manifests or contents (upon one of which the said certificate shall be given) and shall at the time thereof declare the port at which the said delivery shall be so intended to be commenced, to the Collector or officer with whom the same shall be made. And every permit granted by such Collector for the landing of any of the said spirits, shall previous to such landing be produced to the said officer of inspection, who shall make a minute in some proper book, of the contents thereof, and shall indorse thereupon the word "Inspected," the time when, and his own name, after which he shall return it to the person by whom it shall have been produced; and then, and not otherwise, it shall be lawful to land the spirits therein specified; and if the said spirits shall be landed without such indorsement upon the permit for that purpose granted, the master or person having charge of the ship or vessel, from which the same shall have been so landed, shall for every such offence forfeit the sum of five hundred dollars.
VIII. And be it further enacted, That whenever it shall be intended that any ship or vessel shall proceed with the whole or any part of the Spirits which shall have been brought in such ship or vessel from any foreign port or place, from one port in the United States to another port in the said United States, whether in the same or in different districts, the master or person having the command or charge of such ship or vessel, shall previous to her departure, apply to the proper officer of inspection for the port from which she is about to depart, for a certificate of the quantity and particulars of such of the said spirits as shall have be [...]n certified to him to have been entered as imported in such ship or vessel, and of so much thereof▪ shall appear to him to have been landed out of her at such port, which certificate the said officer sh [...]ll forthwith grant without fee or charge. And the master or person having the command or charge of such ship or vessel, shall, within twenty-four hours after her arrival at the port to which she shall be bound, deliver the said certificate to the proper officer of inspection of such last mentioned port. And if such ship or vessel shall proceed from one port to another within the United States, with the whole or any part of the spirits brought in her as aforesaid, without having first obtained such certificate; or if within twenty-four hours after her arrival at such other port, the said certificate shall not be delivered to the proper officer of inspection there, the master or person having the command or charge of the said ship or vessel, shall in either case forfeit five hundred dollars; and the spirits on board of her at her said arrival, shall be forfeited, and may be seized by any officer of inspection.
IX. And be it further enacted, That all spirits which shall be imported as aforesaid, shall be landed under the inspection of the officer or officers of inspection for the place where the same shall be landed, and not otherwise, on pain of forfeiture thereof, for which purpose the said officer or officers shall at all reasonable times attend: Provided that this shall not be construed to exclude the inspection of the officers of the customs as now established and practised.
X. And be it further enacted, That the officers of inspection, under whose survey any of the said spirits shall be landed, shall, upon landing thereof, and as soon as the casks and cases containing the same shall be guaged or measured, brand or otherwise mark in durable characters, the several [Page 40] casks or cases containing the same, with progressive numbers, and also with the name of the ship or vessel wherein the same was or were imported, and of the port of entry, and with the proof and quantity thereof, together with such other marks, if any other shall be deemed needful, as the respective inspectors of the revenue may direct. And the said officer shall keep a book, wherein he shall enter the name of each vessel in which any of the said spirits shall be so imported, and of the port of entry and of delivery, and of the master of such vessel, and of each importer, and the several casks and cases containing the same, and the marks of each, and if not an inspector of the chief officer of inspection for the place, shall as soon as may be thereafter, make an exact transcript of each entry, and deliver the same to such inspector or chief officer, who shall keep a like book for recording the said transcripts.
XI. And be it further enacted, That the inspector of the revenue or other chief officer of inspection within whose survey any of the said spirits shall be landed shall give to the proprietor, importer, or consignee thereof, or his or her agent, a certificate to remain with him or her of the whole quantity of the said spirits which shall have been so landed, which certificate besides the said quantity shall specify the name of such proprietor, importer, or consignee, and of the vessel from on board which the said spirits shall have been landed, and of the marks of each cask or case containing the same. And the said inspector or other chief officer of inspection shall deliver to the said proprietor, importer or consignee, or to his or her agent, a like certificate for each cask or case which shall accompany the same wheresoever it shall be sent as evidence of its being lawfully imported. And the officer of inspection granting the said certificates, shall make regular and exact entries in the book to be by him kept as aforesaid, of all spirits for which the same shall be granted as particularly as therein described. And the said proprietor, importer, or consignee, or his or her agent upon the sale and delivery of any of the said spirits, shall deliver to the purchaser or purchasers thereof, the certificate or certificates which ought to accompany the same, on pain of forfeiting the sum of fifty dollars for each cask or case with which such certificate shall not be delivered.
XII. And be it further enacted, * That upon all spirits which after the said last day of [...] next, shall be distilled within the United States, wholly or in part from molasses, sugar, or other foreign materials, there shall be paid for their use the duties following, that is to say—
1st. For every gallon of those spirits more than 10 per cent. below proof, according to Dica's hydrometer, eleven cents.
2d. For every gallon of those spirits under five and not more than ten per cent. below proof, according to the same hydrometer, twelve cents.
3d. For eve [...] gallon of those spirits of proof, and not more than five per cent. below proof, according [...] hydrometer, thirteen cents.
4th. Fo [...] [...] gallon of those spirits above proof, and not exceeding twenty per cent. according to the same hy [...]meter, fifteen cents.
5th. For every gallon of those spirits more than twenty and not more than forty per cent. above proof, according to the said hydrometer, twenty cents.
6th. For every gallon of those spirits more than forty per cent. above proof, according to the same hydrometer, thirty cents.
XIII. And be it further enacted, † That upon all spirits which after the said last day of [...] next, shall be distilled within the United States, from any article of the growth or production of the United States, in any city, town or village, there shall be paid for their use the duties following, that is to say:—
1st. For every gallon of those spirits more than ten per cent. below proof, according to Dicas's hydrometer, nine cents.
2d. For every gallon of those spirits under five and not more than ten per cent. below proof, according to the same hydrometer, ten cents.
3d. For every gallon of those spirits of proof, and not more than five per cent. below proof, according to the same hydrometer, eleven cents.
4th. For every gallon of those spirits above proof, but not exceeding twenty per cent. according to the same hydrometer, thirteen cents.
[Page 41]5th. For every gallon of those spirits more than twenty and not more than forty per cent. above proof, according to the same hydrometer, seventeen cents.
6. For every gallon of those spirits more than forty per cent. above proof, according to the same hydrometer, twenty-five cents.
XIV. And be it further enacted, That the said duties on spirits distilled within the United States, shall be collected under the management of the inspectors of the revenue.
XV. And be it further enacted, That the said duties on spirits distilled within the United States, shall be paid or secured previous to the removal thereof from the distilleries at which they are respectively made. And it shall be at the option of the proprietor or proprietors of each distillery, or of his, her or their agent having the superintendence thereof, either to pay the said duties previous to such removal, with an abatement at the rate of two cents for every ten gallons, or to secure the payment of the same, by giving bond quarter yearly, with one or more sureties, to the satisfaction of the officer of inspection within whose survey such distillery shall be, and in such sum as the said officer shall direct, with condition for the observance of the regulations in this act contained, on his, her, or their part, and also for the payment of the duties upon all such of the said spirits as shall be removed from such distillery, within three months next ensuing the date of the bond, at the expiration of six months from the said date.
XVI. And be it further enacted, * That the inspector or inspectors of each district, shall appoint a proper officer to have the charge and survey of each distillery within his or their district, who shall attend such distillery at all reasonable times, for the execution of the duties by this act enjoined upon him.
XVII. And be it further enacted, That previous to the removal of any of the said spirits from any distillery, the officer of inspection within whose survey the same may be, shall brand or otherwise mark each cask containing the same in durable characters, and with progressive numbers, and with the name of the acting owner or other manager of such distillery, and of the place where the same was situate, and with the quantity therein, to be ascertained by actual guaging, and with the proof thereof. And the duties thereupon having been first paid, or secured, as above provided, the said officer shall grant a certificate for each cask of the said spirits, to accompany the same wheresoever it shall be sent, purporting that the duty thereupon hath been paid or secured, as the case may be, and describing each cask by its marks; and shall enter in a book for that purpose to be kept, all the spirits distilled at such distillery, and removed from the same; and the marks of each cask, and the persons for [...] use, and the places to which removed, and the time of each removal, and the amount of the duties on the spirits so removed. And if any of the said spirits shall be removed from any such distillery without having been branded or marked as aforesaid, or without such certificate as aforesaid, the same, together with the cask or casks containing them, and the horses and waggons, with their harness and tackling, employed in removing them, shall be forfeited, and may be seized by any officer of inspection. And the superintendant or manager of such distillery shall also forfeit the full value of the spirits so removed, to be computed at the highest price of the like spirits in the market.
XVIII. And be it further enacted, That no spirits shall be removed from any such distillery except by a person or persons licensed in the manner herein after directed, nor at any other times than between the hour of [...] and the hour of [...] and between the hour of [...] and the hour of [...] of each day, from the [...] day of [...] to the [...] day of [...] in each year; and between the hour of [...] and the hour of [...] and between the hour of [...] and the hour of [...] of each day, from the [...] day of [...] to the [...] day of [...] in each year.
XIX. And be it further enacted, †That licenses to convey or carry spirits from the said distilleries, shall, in each district, be granted by the inspector or inspectors of the revenue thereof, to such discreet person or persons as shall appear to him or them proper for the trust, who shall respectively [Page 42] give bonds, with one or more sureties to the satisfaction of the said inspector or inspectors of the revenue, in a sum not exceeding [...] dollars, nor less than [...] dollars, with condition faithfully and diligently, to carry and deliver all such of the said spirits as shall be committed to their care respectively, and in so doing to observe the directions of this act: Provided always, That nothing herein contained shall in any wise infringe or interfere with any exclusive privilege which any individuals or bodies politic may have or be entitled to, by virtue of any charter, grant or act of incorporation touching the right of carrying or of licensing persons to carry-goods and commodities within particular limits. But where any such privilege shall exist, the persons to be licensed pursuant to this act, shall execute the trust thereby reposed in them, through and by means of the person or persons who by virtue of such privilege shall be authorised to carry within such limits; and in such manner as shall be perfectly consistent with such privilege and not otherwise.
XX. And be it further enacted, ‡ That upon stills which after the last day of [...] next, shall be employed in distilling spirits from materials of the growth or production of the United States, in any other place than a city, town or village, there shall be paid for the use of the United States, the yearly duty of sixty cents for every gallon, English wine measure, of the capacity or content of each and every such still, including the head thereof: Provided that the said duty shall not extend to any still of less than [...] except where such still shall be worked at the same distillery, together with another of dimensions exceeding [...] gallons.
XXI. And be it further enacted, That the evidence of the employment of the said stills shall be, their being erected in stone, brick or some other manner whereby they shall be in a condition to be worked.
XXII. And be it further enacted, That the said duties on stills shall be collected under the management of the inspectors of the revenue, who in each district shall appoint and assign proper officers for the surveys of the said stills and the admeasurement thereof, and the collection of the duties thereupon; and the said duties shall be paid half yearly, within the first fifteen days of the months of [...] and [...] upon demand made of the proprietor or proprietors of each still at his, her or their dwelling, by the proper officer charged with the survey thereof: And in case of refusal or neglect to pay, the amount of the duties so refused or neglected to be paid, may either be recovered with costs of suit in an action of debt in the name of the inspector or inspectors of the district, within which such refusal shall happen, or may be levied by distress and sale or goods of the person or persons refusing or neglecting to pay, rendering the overplus (if any there be after payment of the said amount and the charges of distress and sale) to the said person or persons.
And whereas the duties hereby charged upon stills, have been estimated upon a computation that a still of each of the dimensions herein befor [...] enumerated, worked for the usual time would produce in the course of a year a quantity of spirits, which at the rate of [...] cents per gallon, would amount to the duty charged thereon: And as from different causes it may in some instances happen, that the said computation may subject the said stills to greater duties than are intended;
XXIII. Be it therefore enacted, That if the proprietor of any such still finding himself or herself aggrieved by the said rates, shall enter or cause to be entered in a book or on a paper to be kept for that purpose, from day to day when such still shall be employed the quantity of spirits distilled therefrom, and the quantity from time to time sold or otherwise disposed of, and to whom and when, and shall produce the said book or paper to the proper officer of inspection within whose survey such still shall be, and shall make oath, or if a known Quaker, affirmation, that the same doth contain to the best of his or her knowledge and belief, true entries made at their respective dates of all the spirits distilled within the time to which such entries shall [...] from such still, and of the disposition thereof; and shall also declare upon such oath or [...] the quantity of such spirits then remaining on hand, it shall be lawful in every such case or the said officer to whom the said book or paper shall be produced, and [...] required to [...]stimate the duties upon such still, according to the quantity so stated to have been actually made therefrom at the rate of nine cents per gallon, which, and no more, shall be paid for the same: Provided, That if the said entries shall be made by any person other than the said prop [...]ietor, a like oath or affirmation shall be made by such person.
[Page 43]And the more effectually to prevent the evasion of the duties hereby imposed to the no less injury of the fair trad [...]r than of the revenue;
XXIV. Be it further enacted, *That every person who shall be a dealer or trader in distilled spirits (except as a maker or distiller thereof) in the original casks or cases in which they shall be imported, or in quantities of twenty five gallons at one sale, shall be deemed a wholesale dealer in spirits, and shall write or paint or cause to be written or painted, in large, legible and durable characters, upon some conspicuous part outside and in front of each house or other building or place, and upon the door or usual entrance of each vault, cellar or apartment within the same in which any of the said spirits shall be at any time by him or her deposited or kept or intended so to be, the words "wholesale dealer in spirits;" and shall also, within three days at least before he or she shall begin to keep or sell any of the said spirits therein, make a particular entry in writing at the nearest office of inspection of the district in which the same shall be situate, if within ten miles thereof of every such house or other building or place, and of each cellar, vault or apartment within the same in which he or she shall intend to put or keep any of the said spirits; and if any such dealer shall omi [...] to write or paint, or cause to be written or painted the words aforesaid, and in manner aforesaid, upon any such house or other building or place, or vault, cellar or apartment thereof, in which he or she shall so have or keep any of the said spirits, or shall in case the same be situated within the said distance of ten miles of any office of inspection omit to make entry thereof as aforesaid, such dealer shall for every such omission or neglect forfeit the sum of five hundred dollars, and all the spirits which he or she shall have or keep therein, or the value thereof to be computed at the highest price of such spirits in the market.
XXV. And be it further enacted, That every person who shall be a maker or distiller of spirits shall write or paint or cause to be written or painted upon some conspicuous part outside and in front of each house or other building or place made use of or intended to be made use of by him or her for the distillation or keeping of spirituous liquors, and upon the door or usual entrance of each vault, cellar or apartment within the same in which any of the said liquors shall be at any time by him or her distilled, deposited or kept, or intended so to be, the words "Distiller of spirits;" and shall also, three days at least before he or she shall begin to distil therein, make a particular entry in writing, at the nearest office of inspection, if within ten miles thereof, of every such house, building or place, and of each vault, cellar and apartment within the same, in which he or she shall intend to carry on the business of distilling, or to keep any spirits by him or her distilled. And if any such distiller shall omit to paint or write, or cause to be painted or written the words aforesaid, in manner aforesaid, upon any such house or other building or place, or vault, cellar or apartment thereof, or shall, in case the same be situate within the said distance of ten miles of any office of inspection, omit to make entry thereof as aforesaid, such distiller shall for every such omission or neglect, forfeit the sum of five hundred dollars, and all the spirits which he or she shall have or keep therein, or the value thereof, to be computed at the highest price of such spirits in the market: Provided also, and be it further enacted, that the said entry, to be made by persons who shall be dealers in or distillers of spirits, on the last day of [...] next, shall be made on that day, or within three days thereafter, accompanied (except where the duties hereby imposed are charged on the still) with a true and particular account or inventory of the spirits, on that day and at the time, in every or any house, building or place by him or her entered, and of the casks, cases and vessels containing the same, with their marks and numbers, and the quantities and qualities of the spirits therein contained, on pain of forfeiting, for neglecting to make such entry, or to deliver such account, the sum of five hundred dollars, and all the spirits by him or her had or kept in any such house, building or place: And provided further, that nothing herein contained shall be construed to exempt any such distiller, who shall be, besides his dealing as a distiller, a dealer or trader in distilled spirits as described in the twenty-fourth section of this act, from the regulations therein prescribed; [Page 44] but every such distiller, so being also a dealer or trader in distilled spirits, shall observe and shall be subject to all the rules, regulations and penalties therein specified.
XXVI. And be it further enacted, that where any entry shall be made by any such dealer, of any such house, building or other place for keeping of any of the said spirits, no other such dealer, not being in partnership with the dealer aforesaid, making such entry, shall on any pretence make entry of the same house or building, or of any apartment, vault, cellar or place within the same house, building or tenement in which such first entry shall then be existing; but every such other dealer, making such further entry of the same house, building or place, or of any apartment, vault, cellar or place within the same, shall, notwithstanding such further entry, be deemed a dealer without entry, and shall be subject to the like penalties and forfeitures as any dealers without entry are subject to by this act.
XXVII. And be it further enacted, that the Inspector or Inspectors of the revenue for the district wherein any house, building or place shall be situate, whereof entry shall be made as last aforesaid, shall as soon as may be thereafter, visit and inspect, or cause to be visited and inspected by some proper officer or officers of inspection, every such house or other building or place within his or their district, and shall take or cause to be taken an exact account of the spirits therein respectively contained, and shall mark or cause to be marked in durable characters, the several casks, cases or vessels containing the same, with progressive numbers, and also with the name of each dealer or distiller to whom the same may belong, or in whose custody the same may be, and the quantities, kinds and proofs of spirits therein contained, and these words, "Old Stock." And the said inspector or inspectors shall keep a book wherein he or they shall enter the name of every such dealer or distiller within his or their district, and the particulars of such old stock in the possession of each, designating the several casks and cases containing the same, and their respective quantities, kinds, proofs and marks. And he or they shall also give a certificate to every such dealer or distiller [...] of the quantity and particulars of such old stock in his or her possession, and a separate certificate for each cask, case or vessel, describing the same, according to its marks, which certificate shall accompany the same wheresoever it shall be sent. And in case there shall be no officer of inspection within the said distance of ten miles of any such house or other building or place, then it shall be the duty of such dealer to whom the same may belong, to mark with the like durable characters the several casks containing the spirits therein, and in like manner as above directed to be done by the said Inspector or Inspectors. And the said dealer shall make entry thereof in some proper book or in some proper paper to be by him or her kept for that purpose, specifying particularly each cask, case or vessel, and its marks, and the quantity and quality of the spirits therein contained (of which entry he or she shall, upon request, deliver an exact copy to the Inspector or Inspectors of the revenue for the district) and if required by him or them, shall attest the same by oath, or, being a known Quaker, by affirmation. And the said dealer, with every such cask, case or vessel which shall be delivered out of his or her house or other building or place, shall give a certificate or permit, signed by himself or herself, of the like import of that above directed to be given by the said Inspector or Inspectors, which certificate shall in like manner accompany the same wheresoever it may be sent. And if any such dealer shall in the said case omit to mark the said several casks, cases or vessels containing the said spirits, or to make entry thereof in some proper book, or on some proper paper as aforesaid, he or she shall forfeit and pay for every such neglect two hundred dollars. And if in the same case he or she shall deliver out or send away any of the said spirits without such certificate by him or her directed to be furnished as aforesaid, the said spirits so delivered out or sent away, shall be forfeited, and may be seized by any officer of inspection, and the said dealer shall also forfeit the full value thereof.
XXVIII. And be it further enacted, that every proprietor of any [...] on which a duty shall be charged according to the twentieth section of this act, shall brand [...] otherwise mark in durable characters, every cask, barrel or keg containing any spirits distilled by him or her, previous to the sale thereof, with his or her name, and with progressive numbers and shall grant a certificate with each cask, barrel or keg by him or her sold, describing the same by its marks, and purporting that the same was made by him or her, to accompany such cask, barrel or keg. wheresoever it shall be sent.
XXIX. And be it further enacted, that when any such wholesale dealer in spirits, shall bring in his or her entered house, building or p [...]ace, any of the said spirits, if such house, building or place be within two miles of any office of inspection, he or she shall within twenty-four hours after the said spirits shall be brought into such house, building or place, send notice thereof in writing to the said office, specifying therein the quantity and kinds of the spirits so brought in. [...]nd the marks of the cask or casks, case or cases containing the same, on pain of forfeiting, for every neglect to give such notice, fifty dollars. And it shall be the duty of the officer to [...] shall be given, forthwith thereafter to inspect and take an account of such [...].
XXX. And be it further enacted, that if any distilled spirit [...] [...] be found in the possession of any such dealer, without the proper certificates which ought to accompany the same, it shall be [Page 45] presumptive evidence that the same are liable to forfeiture, and it shall be lawful for any officer of inspection to seize them as forfeited; and if, upon the trial in consequence of such seizure, the owner or claimant of the spirits seized, shall not prove that the same were imported into the United States according to law, or were distilled as mentioned in the twelfth and thirteenth sections of this act, and the duties thereupon paid, or were distilled at one of the stills mentioned in the twentieth section of this act, they shall be adjudged to be forfeited.
XXXI. And be it further enacted, that it shall be lawful for the officers of inspection of each district, at all times in the day time, upon request, to enter into all and every the houses, store-houses, ware-houses, buildings and places, which shall have been entered by the said wholesale dealers in manner aforesaid, and by tasting, guaging or otherwise to take an account of the quantity, kinds and proofs of the said spirits therein contained, and also to take samples thereof, paying for the same the usual price.
XXXII. And be it further enacted, that every such dealer shall keep the several kinds of spirits in his or her entered warehouse, building or place, separate and apart from each other, on pain of forfeiting upon every conviction of neglect one hundred dollars; and shall also, upon request, shew to the officers of inspection of the district wherein he or she is so a dealer, or to any of them, each and every cask, vessel and case in which he or she shall keep any distilled spirits, and the certificates which ought to accompany the same, upon pain of forfeiting every such cask, vessel or case, as shall be shewn, together with the spirits therein contained.
XXXIII. And be it further enacted, that if any person or persons shall rub out or deface any of the marks set upon any cask or case pursuant to the directions of this act, such person or persons shall, for every such offence, forfeit and pay the sum of one hundred dollars.
XXXIV. And be it further enacted, that no cask, barrel, keg, vessel or case, marked as "Old stock," shall be made use of by any dealer or distiller of spirits, for putting or keeping therein any spirits other than those which were contained therein when so marked, on pain of forfeiting five hundred dollars for every cask, barrel, keg, vessel or case wherein any such other spirits shall be so put or kept: Neither shall any such dealer have or keep any distilled spirits in any such cask, barrel, keg, vessel or case, longer than for the space of one year from the said last day of [...] next, on pain of forfeiting the said spirits.
XXXV. And be it further enacted, that in case any of the said spirits shall be fraudulently deposited, hid or concealed in any place whatsoever, with intent to evade the duties hereby imposed upon them, they shall be forfeited. And for the better discovery of any such spirits so fraudulently deposited, hid or concealed, it shall be lawful for any Inspector of the revenue, or for any Judge of any Court of the United States, or either of them, or for any Justice of the peace, upon reasonable cause of suspicion, to be made out to the satisfaction of such Inspector, Judge or Justice, by the oath, or, in the case of a known Quaker, by the affirmation, of any person or persons, by special warrant or warrants under their respective hands and seals, to authorise any of the officers of inspection, by day or night, but if in the night time in the presence of a constable or other officer of the peace, to enter into all and every such place and places, in which any of the said spirits shall be suspected to be so fraudulently deposited, hid or concealed, and to seize and carry away any of the said spirits which shall be there found, so fraudulently deposited, hid or concealed, as forfeited.
XXXVI. And be it further enacted, That no person shall carry on the business of distilling, rectifying or compounding of spirituous liquors in any cellar, vault, or other place below the surface of the ground; or have or use any pipes, stop cocks, or other communications under ground, for the purpose of conveying spiritous liquors from one back or vessel to another, or from any such back or vessel to its still, or to any other place, on pain of forfeiting for every such place, below the surface of the ground in which the said business shall be carried on the sum of five hundred dollars, and for every such pipe, stop-cock, or other communication under ground, the sum of two hundred and fifty dollars. And in case the said person shall carry on the said business in any such place below the surface of the ground, or shall have or use any such communication under ground, it shall be lawful for any inspector of the revenue, or Judge of any court of the United States, or Judge of any court of a particular State, or Justice of the Peace, upon reasonable cause of suspicion to be made out to the satisfaction of such inspector, judge or justice, by oath or affirmation of any person or persons, by special warrant under his or either of their respective hands and seals, to authorise any of the officers of inspection, by day or night; but if in the night, in the presence of a constable or other officer of the peace, to enter into all and every such place or places after request first made, and the cause declared, therein to search and examine for the same, and for that purpose to break the ground, wall, partition or other place; and upon finding such cellar, vault, or other building, or place below the surface of the ground, or such pipe, stop-cock, or other communication under ground, to destroy the same, and to seize such spirituous liquors as may be found below the surface of the ground, or which shall have been conveyed through such pipe, stop-cock, or other communication, which warrant or warrants may be lawfully executed by such officer accordingly. Provided that nothing herein contained shall be construed to authorise any inspector of the revenue to issue any warrant to himself, or upon [Page 46] his own oath, to any other officer. And provided further, That if upon such search, no place below the surface of the ground, nor any such pipe, stop-cock, or other communication be found, the said officer shall make good the ground, wall, partition, or other place so broken up as aforesaid, together with such reasonable damages as shall be adjudged by two neighboring justices of the peace, or the party or parties injured may bring his, her or their action against such officer of inspection, for the damages so sustained, which damages in either case, shall be paid out of the revenue arising from this act.
XXXVII. And be it further enacted, * That after the last day of [...] next, no spirituous liquors, except gin in cases, shall be brought from any foreign port or place in any other way than in casks capable each of containing one hundred gallons at the least, on pain of forfeiture of the said spirits, and of the ship or vessel in which they shall be brought. Provided always, That nothing in this act contained, shall be construed to forfeit any spirits for being imported or brought into the United States, in other casks or vessels than as aforesaid, or the ship or vessel in which they shall be brought, if such spirits shall be for the use of the seamen on board such ship or vessel, and shall not exceed the quantity of [...] gallons for each such seaman.
XXXVIII. And be it further enacted, That in every case in which any of the said spirits shall be forfeited by virtue of this act, the casks, vessels and cases containing the same, shall also be forfeited.
XXXIX. And be it further enacted, That every dealer by wholesale, or distiller of spirits, on which the duty is hereby charged by the gallon, shall keep or cause to be kept, an exact account of all the said spirits which he or she shall sell, send out or distill, distinguishing their several kinds and proofs; and shall every day make a just and true entry in a book or on a paper, to be kept for that purpose, of the quantities and particulars of the said spirits by him or her sold, sent out or distilled, on the preceding day, specifying the marks of the several casks in which they shall be so sold or sent out; and the person to whom, and for whose use they shall be so sold or sent out: Which said books and papers shall be prepared for the making such entries and shall be delivered upon demand to the said dealers and distillers, by the inspectors of the revenue of the several districts, or by such person or persons as they shall respectively for that purpose appoint, and shall be severally returned or delivered at the end of each year, or when the same shall be respectively filled up, which shall first happen to the proper officers of inspection; and the truth of the entries made therein shall be verified upon the oath, or in the case of a known quaker, the affirmation of the person by whom those entries shall have been made; and as often as the said books and papers shall be so returned, other books and papers shall be furnished upon like demand by the proper officers of inspection, to the said dealers and distillers respectively. And the said books and papers shall from time to time while in the possession of the said dealers and distillers, lie open for the inspection of, and upon request shall be shewn to the proper officers of inspection, under whose survey the said dealers and distillers shall respectively be, who may take such minutes, memorandums, or transcripts therefrom as they may think fit. And if any such dealer or distiller shall neglect or refuse to keep such book or books, paper or papers, or to make such entries therein, or to shew the same upon request to the proper officer of inspection, or not return the same according to the directions of this act, he or she shall forfeit for every such refusal or neglect, the sum of one hundred dollars.
And as a compensation to the said dealers for their aid in the execution of this act:
XL. Be it further enacted, That for every quantity of the said spirits not exceeding one hundred and twenty gallons, which shall be sold by any such dealer, in one day, to one person or co-partnership, in the casks or cases in which the same shall have been imported, after the said last day of [...] next, or delivered out of any distillery (in respect to which the duty hereby imposed is rated by the gallon) and distilled after the said day, and of the bringing of which into his or her entered store-house, building or other place, he or she shall have given due notice according to the directions of this act, to the proper officer of inspection, and for which he or she shall have produced to the said officer the proper certificates corresponding therewith, the said dealer shall be entitled to an allowance of one cent per gallon, which allowance shall be estimated by the inspector of the revenue of each district, according to the evidence of the entries in the books and papers kept and returned according to the next preceding section of this act, confirmed as to the production of the proper certificates, by the certificate of the officer to whom they shall have been produced, and shall also be paid by such inspector, according to such rules as shall be prescribed in that behalf, by the Secretary of the Treasury, which said inspector shall be furnished with money for such payment out of the product of the duties imposed by this act. Provided always, [Page 47] That if more than one delivery shall be entered as made to one person or copartnership in one day, the same shall be deemed but one delivery and one quantity.
XLI. And be it further enacted, That the several kinds of proof herein before specified, shall in marking the casks, vessels and cases containing any distilled spirits be designated, corresponding with the order in which they are mentioned by the words—First Proof—Second Proof—Third Proof— Fourth Proof—Fifth Proof—Sixth Proof:—which words may be expressed by their respective initials. And that it be the duty of the Secretary of the Treasury, to provide and furnish to the officers of Inspection and of the Customs, proper instruments for ascertaining the said several proofs.
And to the end that wanton and oppressive seizures may be effectually restrained, and that the owners and importers of spirits, may suffer no improper damage or burthen;
XLII. Be it further enacted, That in any prosecution or action which may be brought against any Inspector or other officer of Inspection for any seizure by him made, it shall be necessary for such Inspector or Officer to justify himself by making it appear, that there was probable cause for making the said seizure, upon which, and not otherwise, a verdict shall pass in his favor. And in every such action or prosecution, or in any action or prosecution which may be brought against such inspector or other officer, for irregular or improper conduct in the execution of his duty, the trial shall be by jury. And in any action for a seizure, in which a verdict shall pass for such inspector, the jury shall nevertheless assess reasonable damages for any prejudice or waste (according to the true amount in value thereof) which shall be shewn by good proof to have happened to the spirits seized, in consequence of such seizure, and also for the detention of the same, at the rate of six per cent. per annum, on the true value of the said spirits, at the time of such seizure, from that time to the time of restoration thereof, which shall be paid out of the treasury of the United States; provided that no damages shall be assessed when the seizure was made for want of the proper certificate or certificates or by reason of a refusal to shew any officer of inspection upon his request the spirits in any entered house, or other building or place.
XLIII. And be it further enacted, That if any inspector or other officer of inspection in any criminal prosecution against him shall be convicted of oppression or extortion in the execution of his office, he shall be fined or imprisoned or both at the discretion of the court, and shall also forfeit his office, unless the judge who shall try the cause shall certify that he was disatisfied with the verdict.
XLIV. And be it further enacted, That no fee shall be taken for any certificate to be issued or granted pursuant to this act.
XLV. And be it further enacted, That if any of the said inspectors or other officers of inspection, shall neglect to perform any of the duties hereby enjoined upon them respectively according to the true intent and meaning of this act, whereby any person or persons shall be injured or suffer damage, such person or persons shall, and may have an action founded upon this act against such inspector or other officers, and shall recover full damages for the same, together with costs of suit.
To the intent nevertheless, that the officers to be appointed by virtue of this act who may have undesignedly erred in the execution of their respective offices, may be enabled by offering timely and sufficient amends to the party aggrieved, thereby to avoid unnecessary expence and trouble;
XLVI. Be it further enacted, That it shall be lawful for any inspector or officer of inspection or other person acting in aid of the one or the other, at any time before an action shall be commenced against him or them to tender amends to the person or persons aggrieved, or to his her or their agent or attorney, and in case such amends are not accepted, to plead such tender in bar to any action which may be brought against him or them, together with the plea of not guilty, and any other plea or pleas with leave of the court in which such action shall be depending. And if upon issue joined thereon the jury shall find the amends so tendered to have been sufficient, then they shall give a verdict for the defendant or defendants. And in such case, or in case the plaintiff or plaintiffs shall become nonsuited, or shall discontinue such action, or in case judgment shall be given for the defendant or defendants upon demurrer, then the defendant or defendants shall be intitled to, and shall recover costs of suit: But if upon issue so joined, the jury shall find that no, or insufficient amends were tendered, then they shall find a verdict for the plaintiff or plaintiffs and such damages as shall be reasonable.
XLVII. And be it further enacted, That any action or suit to be brought against any person or persons for any thing by him or them done, as in pursuance of this act, shall be commenced within three months next after the matter or thing done, and shall be laid in the proper county in which the cause of action shall have arisen, and the defendant or defenddats in any such action or suit may plead the general issue, and on the trial thereof give thi [...] act, and the special matter in evidence. And if a verdict shall pass for the defendant or defe [...]ants, or the plaintiff or plaintiffs become nonsuited, or discontinue his, her or their action or prosecution, or judgment shall be given against such plaintiff or plaintiffs upon demurrer or otherwise, then such defendant or defendants shall have costs awarded to him, her or them, against such plaintiff or plaintiffs.
[Page 48]And in order that persons who may have incurred any of the penalties of this act without wilful negligence or inattention of fraud, may be relieved from such penalties;
XLVIII. Be it further enacted, *That it shall be lawful for the judge of the district court, of the district within which such penalty or forfeiture shall have been incurred, upon petition of the party who shall have incurred the same to inquire in a summary manner into the circumstances of the case, first causing reasonable notice to be given to the person or persons claiming such penalty or forfeiture, and to the Attorney-General of such district, to the end that each may have an opportunity of shewing cause against the mitigation or remission thereof; and if upon such enquiry it shall appear to the said judge that such penalty or forfeiture was incurred without willful negligence, or any design or intention of fraud, it shall be lawful for him to remit the same, and to cause any spirits which may have been seized, to be restored to the proprietor or proprietors upon such terms and conditions as shall appear to him reasonable. And the decision of the judge, if the terms and conditions prescribed by him be complied with, shall be conclusive to the parties. Provided, That such penalty, or the value of the spirits forfeited, does not exceed five hundred dollars: But if the amount of such penalty or forfeiture exceed five hundred dollars, the person or persons claiming the same, may, within three days after such decision shall be pronounced, appeal from the same to the supreme court of the United States, which court shall summarily hear the parties, and either confirm or reverse the decision of the district judge, as shall appear to them proper. Provided always, That after the last day of May, in the year one thousand seven hundred and ninety, one such remission shall in no case exceed one half the penalty, or one half the spirits forfeited, or the value thereof.
XLIX. And be it further enacted, That all penalties and forfeitures incurred by virtue of this act, shall be for the benefit of the person or persons who shall make a seizure, or who shall first discover the matter or thing, whereby the same shall have been incurred, and if other than the inspector of the revenue shall give information thereof to such inspector or inspectors, reserving thereout for the United States the amount of the duties payable on the spirits, in respect to which, such penalty or forfeiture may have been incurred. And such penalty and forfeiture shall be recoverable with costs of suit by action of debt, in the name of the person or persons intitled thereto, or by information in the name of the United States of America. And it shall be the duty of the Attorney-General of the district, wherein any such penalty or forfeiture may have been incurred upon application to him, to institute or bring such information accordingly. Provided always that no officer of inspection, other than chief officer or officers of a district shall be entitled to the benefit of any forfeiture unless notice of the seizure by him made, shall be by him given within twelve hours next after such seizure to the said chief officer or officers. But in such case the United States shall have the entire benefit of such forfeiture.
L. And be it further enacted, That if any person or persons shall counterfeit, or forge, or cause to be counterfeited or forged any of the certificates herein before directed to be given, or shall knowingly or willingly accept or receive any false or untrue certificate with any of the said spirits, or shall fraudulently alter or erase any such certificate after the same shall be given, or knowingly or willingly publish or make use of such certificate so counterfeited, forged, false, untrue, altered or erased, every person or persons so offending, shall for each and every offence, severally forfeit and pay the sum of one thousand dollars.
LI. And be it further enacted, That any person or persons that shall be convicted, of wilfully taking a false oath or affirmation, in any of the cases in which oaths and affirmations are required to be taken by virtue of this act, shall be liable to the pains and penalties to which persons are liable for wilful and corrupt perjury.
LII. And be it further enacted, That if any person or persons shall give or offer to give any bribe, recompence or reward whatsoever, to any [...]pector or inspectors of the revenue, in order to corrupt, persuade or prevail upon such officer, either to do any act or acts contrary to his duty in the execution of this act, or to neglect or omit to do any act or thing which he ought to do in execution of this act, or to connive at, or to conceal any fraud or frauds relating to the duties hereby imposed on any of the said spirits, or not to discover the same, every such person or persons shall for such offence, whether the same offer or proposal be accepted or not, forfeit and pay the sum of one thousand dollars.
LIII. And be it further enacted, That if any person or persons shall assault, resist, oppose, molest, obstruct or binder any inspector in the execution of this act, or of any of the powers or authorities hereby vested in him, or shall forcibly rescue or cause to be rescued any of the said spirits, after the same shall have been seized by any such inspector or officer, or shall attempt or endeavor so to [Page 49] do, all and every person and persons so offending, shall for every such offence, for which no other penalty is particularly provided by this act, forfeit and pay the sum of five hundred dollars.
LIV. And be it further enacted, That if any such inspector or officer, shall enter into any collusion with any person or persons for violating or evading any of the provisions of this act, or the duties hereby imposed, or shall fraudulently concur in the delivery of any of the said spirits, out of any house, building or place, wherein the same are deposited without payment, or security for the payment of the duties thereupon, or shall falsely or fraudulently mark any cask, case or vessel, contrary to any of the said provisions, such inspector or officer shall for every such offence forfeit the sum of one thousand dollars, and upon conviction of any of the said offences, shall forfeit his office and shall be disqualified for holding any other office under the United States.
LV. And be it further enacted, that it shall be lawful for the Inspectors of the revenue, and when requested by any such dealer, they are hereby required to provide blank certificates, in such form as [...]all be directed by the Secretary of the Treasury, and in the cases in which certificates are hereby directed to be issued or granted by the said dealers, to furnish them therewith the blanks in which certificates shall be filled up by such dealers, according to the nature and truth of each particular case, subject to the penalty heretofore declared for granting or using false or untrue cerrificates. And every such dealer shall from time to time, when thereunto requested, account with such Inspectors respectively, for the number of certificates received by him, and for the disposition of such of them as may have been disposed of, and shall produce and shew the residue thereof to the said Inspector, and shall pay for every certificate for which he cannot satisfactorily account, the sum of fifty cents.
LVI. And be it further enacted, that in every case in which an oath or affirmation is required by virtue of this act, it shall be lawful for the Inspectors of the revenue, or any of them, or their lawful deputy; or the lawful deputy of one of them where not more than one in a district, to administer and take such oath or affirmation. And that wherever there are more than one Inspector for one district, a majority of them may execute all and any of the powers and authorities hereby vested in the Inspectors of the revenue: Provided, that this shall not be construed to make a majority necessary in any case in which, according to the nature of the appointment or service, and the true intent of this act, the authority is or ought to be several.
And for the encouragement of the export trade of the United States:
LVII. Be it further enacted, that if any of the said spirits (whereupon any of the duties imposed by this act shall have been paid or secured to be paid) shall after the last day of [...] next, be exported from the United States to any foreign port or place, there shall be an allowance to the exporter or exporters thereof, by way of drawback, equal to the duties thereupon, according to the rates in each case by this act imposed, deducting therefrom one cent per gallon, and adding to the allowance upon spirits distilled within the United States from molasses, which shall be so exported, two cents and an half cent per gallon, as an equivalent for the duty laid upon molasses by the said act for laying a duty on goods, wares and merchandizes imported into the United States: Provided always, that the said allowance shall not be made unless the said exporter or exporters shall observe the regulations hereinafter prescribed: And provided further, that nothing herein contained shall be construed to alter the provisions in the said former act, concerning drawbacks or allowances, in nature thereof, upon spirits imported prior to the said last day of [...] last.
LVIII. And be it further enacted, that in order to entitle the said exporter or exporters to the benefit of the said allowance, he, she or they, shall previous to putting or lading any of the said spirits on board of any ship or vessel for exportation, give twenty-four hours notice at the least, to the proper officer of inspection of the port from which the said spirits shall be intended to be exported, of his, her or their intention to export the same, and of the number of casks and cases, or either of them, containing the said spirits so intended to be exported, and of the respective marks thereof, and of the place or places where the said spirits shall be then deposited, and of the place to which, and ship or vessel in which they shall be so intended to be exported. Whereupon it shall be the duty of the said officer to inspect, by himself or deputy, the casks and cases so noticed for exportation, and the quantities, kinds and proofs of the spirits therein, together with the certificates which ought to accompany the same according to [...]he directions of this act, which shall be produced to him for that purpose; and if he shall find that the said casks and cases have the proper marks according to the directions of this act; and that the spirits therein correspond with the said certificates, he shall thereupon brand each cask or case with the word "Exportation;" and the said spirits shall, after such inspection, be laden on board the same ship or vessel of which notice shall have been given, and in the presence of the same officer who shall have examined the same, and whose duty it shall be to attend for that purpose. And after the said spirits shall be laden on board such ship or vessel, the certificates aforesaid shall be delivered to the said officer, who shall certify to the Collector of the said port the amount and particulars of the spirits so exported, and shall also deliver the said certificates which shall have been by him received to the said collector, which shall be a voucher to him, for payment of the said allowance.
Provided nevertheless, and be it further enacted, That the said allowance shall not be made, unless the said exporter or exporters shall make oath, or if a known Quaker, affirmation, that the [Page 50] said spirits so noticed for exportation, and laden on board such [...], are truly intended to be exported to the place whereof notice shall have been given, and [...] to be relanded within the United States; and that he or she doth verily [...]lieve that the [...] upon charged by this act, have been duly paid; and shall also [...] to the collector, with two sureties, one of whom shall be the master, or other person having the command or charge of th [...] ship or vessel in which the said spirits shall be intended to be exported; the other, such [...] person as shall be approved by the said collector, in the full value in the judgment of such collector [...] of the said spirits so intended to be exported, with condition that the said spirits (the dangers of the seas and enemies excepted) shall be really and truly exported to, and landed in such ports and places without the limits of the United States, according to the late treaty of peace with Great-Britain, as shall be specified in such bond; and that the said spirits shall not be unshipped from on board of the said ship or vessel, whereupon the same shall have been laden for exportation, within the said limits, or any ports or harbors of the United States, or relanded in any other part of the same (shipwreck or other unavoidable accident excepted.)
Provided also, and be it further enacted, that the said allowance shall not be paid until six months after the said spirits shall have been so exported.
LIX. And be it further enacted, That if any of the said spirits, after the same shall have been shipped for exportation, shall be unshipped for any purpose whatever, either within the limits of any part of the United States, or within four leagues of the coast thereof, or shall be relanded within the United States, from on board the ship or vessel wherein the same shall have been laden for exportation, (unless in case of necessity or distress to save the ship and goods from perishing, which shall be immediately made known to the principal officer of the customs, residing at the port nearest to which such ship or vessel shall be at the time such necessity or distress shall arise) then not only the spirits so unshipped, together with the casks and cases containing the same, but also the ship or vessel in or on board which the same shall have been so shipped or laden, together with her guns, furniture, ammunition, tackle and apparel; and also the ship, vessel or boat into which the said spirits shall be unshipped or put, after the unshipping thereof, together with her guns, furniture, ammunition, tackle and apparel, shall be forfeited, and may be seized by any officer of the customs, or of inspection.
LX. And be it further enacted, That the said allowance shall not be made when the said spirits shall be exported in any other than a ship or vessel of the burthen of [...] tons and upwards, to be ascertained to the satisfaction of the collector of the port from which the same shall be intended to be extorted.
LXI. And be it further enacted, That the bonds to be given as aforesaid, shall and may be discharged by producing within one year from the respective dates thereof (if the delivery of the spirits in respect to which the same shall have been given, be at any place where a consul or other agent of the United States resides) a certificate of such consul or agent, and if there be no such consul or agent, then a certificate of any two known and reputable American merchants residing at the said place, and if there be not two such merchants residing at the said place, then a certificate of any other two reputable merchants, testifying the delivery of the said spirits, at the said place, which certificate shall in each case be confirmed by the oath or affirmation of the master and mate or other like officer of the vessel in which the said spirits shall have been exported; and when such certificate shall be from any other than a consul or agent, or merchants of the United States, it shall be a part of the said oath or affirmation, that there were not upon diligent enquiry to be found two merchants of the United States at the said place. Provided always, that in the case of death, the oath or affirmation of the party dying, shall not be deemed necessary: And provided further, that the said oath or affirmation, taken before the chief civil magistrate of the place of the said delivery, and certified under his hand seal, shall be of the same validity as if taken before a person qualified to administer oaths within the United States: or such bonds shall and may be discharged upon proof that the spirits so exported, were taken by enemies or perished in the sea, or destroyed by fire; the examination and proof of the same being left to the judgment of the collector of the customs, naval officer, and chief officer of inspection, or any two of them, of the place from which such spirits shall have been exported.
LXII. And be it further enacted, That the prosecution for all fines, penalties and forfeitures incurred by force of this act, and for all duties p [...]yable in virtue thereof, and which shall not be duly paid, shall and may be had before any justice of the peace or court of any state of competent jurisdiction, or court of the United States, of or within the state or district, in which the cause of action shall arise, with an appeal as in other cases: Provided, that where the cause of action shall exceed in value fifty dollars, the same shall not be cognisable before a justice of the peace only.
LXIII. And be it further enacted, That this act shall commence and take effect as to all matters therein contained, in respect to which no special commencement is hereby provided (except as to the appointment of officers and regulation of the districts) from and immediately after the last day of [...] next.
( SCHEDULE K.) ESTIMATE of the probable product of the funds proposed for funding the debt and providing for the current service of the United States, including the present duties on imports and tonnage.
Dollars, | ||
Probable product of the duties on imports and tonnage, according to the acts of the last session, | 1,800,000 | |
Including the State of North-Carolina, this estimate may be said to correspond with the statement made by the committee of ways and means during the last session; which statement the Secretary is inclined to think is as near the truth as can be now obtained. | ||
In the preceding estimate are comprehended wines, distilled spirits, teas, and coffee, amounting to about | 600,000 | |
Which being deducted, leaves | 1,200,000 | |
From which deducting 5 per cent for expence of collection, | 60,000 | |
Leaves nett product, | 1,140,000 |
Imported. | ||
1,000,000 gallons wine, at 20 cents, | 200,000 | |
4,000,000 gallons distilled spirits, at 20 | 800,000 | |
700,000 pounds bohea tea, at 12 | 84,000 | |
800,000 pounds souchong and other black teas, at 20 | 160,000 | |
100,000 pounds green tea, average at 25 | 25,000 | |
1,600,000 pounds coffee, at 5 | 80,000 | |
Made in the United States. | ||
3,500,000 gallons distilled spirits from foreign materials, at 11 cents, | 385,000 | |
3,000,000 ditto, distilled from mat [...]rials of the United States, at 9 cents, | 270,000 | |
2,004,000 | ||
Deduct for drawbacks, and expence of collection, 15 per cent, | 300,600 | 1,703,400 |
Dollars, | 2,843,40 |