1. The duties specified in this act, according to this section, took effect throughout the United States from and after the first day of August last. But as the act for the collection of those duties did not pass till the last of July, it was of course impossible that the officers for carrying it into execution could be appointed, commissioned, and ready to enter upon the execution of their offices, at the day fixed for the commencement of the duties. The custom-houses in the several States were not organized till at different periods, from the fifth of August to some time in September; and in the intervals, several importations took place. In some instances, duties were paid under the State laws, in others none were paid.
The Secretary, conceiving it to be a clear point that the duties imposed by the first-mentioned act accrued as debts to the United States on all goods imported after the day specified for their commencement, and that the regulations prescribed by the collection law were to be considered merely as auxiliary guards for securing their payment, did not think himself at liberty, on grounds of convenience or inconvenience, to waive the claim for them. He has therefore caused it to be made, and has given directions, with a view to a legal decision of the question.
But it is worthy of consideration by the Legislature, whether it be advisable to pursue, or relinquish it. The payment of the duties in this situation has been generally unlooked for, and in most cases must be preceded by a legal determination. The enforcement of the claim would therefore be likely to be thought rigorous, and in some instances, might be injurious—where merchants may have sold, without reference in the price to the duty; where factors or agents may have settled accounts with, and paid over the proceeds of goods to, their principals, especially if transient persons; where duties have been paid under the State establishments; in these, and other cases, there might ensue loss or embarrassment. There must also be difficulty in ascertaining the sums which ought to be paid.
The distinctions between distilled spirits are conceived not to be sufficiently diversified or accurate. This has been remarked and a remedy proposed in the plan submitted to the House for the support of the public credit.
There is no general rate prescribed for estimating the draught and tare of those articles which pay duty by weight. The consequence is that different allowances are made at different places according to former usage, and too much is left to discretion.
Unwrought steel is rated at fifty-six cents for 112 lbs., which, upon an average of the cost, is less than five per cent. ad valorem. As an enumerated article, it is presumed to have been the intention of the Legislature to rate it higher than five per cent., especially as a higher rate would be in favor of the manufacture of it among ourselves, in which considerable progress has been made, particularly in the State of Pennsylvania.
The information received by the Secretary induces him to consider as questionable, the policy of the duty on pickled fish in its present extent. It is represented that almost the whole of what is brought from Nova Scotia to Massachusetts is re-exported; and this chiefly to foreign countries. And that, while it forms a considerable article in an intercourse between those places beneficial to Massachusetts, it contributes to the augmentation of her exports.
If this be true it is difficult to discern any advantage in the duty. To the revenue there will be rather loss than profit; as the expense incident to the collection and to the process of the drawback will probably exceed the amount of the duty on the small quantity internally consumed, even taking into the calculation the one per cent. retained as an indemnification for that expense. In a commercial light, as far as it has any operation, it seems to be rather an unfavorable one. The process of paying and drawing back is not without inconveniences; and the unrefunded residue is a tax on the export trade in that article, from which, for the reason assigned, no benefit arises to the public; while the encouragement which it was the object of this regulation to give to the fisheries, loses in a great measure, its effect, by reason of the drawback. And it is suggested by intelligent men that an injurious competition in the branch of the fisheries to which the duty is applicable, is little to be apprehended.
The Secretary, however, does not conceive himself to be possessed with sufficient accuracy of all the facts necessary to a right judgment on this point to be willing to hazard a decisive opinion. He therefore only means to state the circumstances communicated to him, in expectation that the representatives from the part of the Union more immediately affected will be able, by further lights, to guide the opinion of the House to a proper conclusion.
A discrimination is made by this section in favor of teas brought from China or India in American bottoms. The fifth section allows a discount of ten per cent. on all the duties imposed by this act on goods, wares, and merchandises imported in American bottoms. A question arises whether this discount ought to obtain in respect to the above-mentioned teas. The Secretary presumes, that the better construction is against the allowance, though within the letter of the provision; but an explanation is, perhaps, requisite, to obviate controversy.
All goods, wares, and merchandise, except teas, brought from China or India, otherwise than in American bottoms, are made liable to a duty of twelve and a half per cent. ad valorem. But in the clause immediately succeeding, all China ware is rated only at ten per cent. ad valorem. A doubt suggests itself whether this article be excepted out of the preceding provision, or be itself subject to an implied exception in favor of the full operation of that provision.
It is suggested that the encouragement intended to our East-India trade, by the duty of twelve and a half per cent. on India goods brought from China in foreign bottoms, will be counteracted by the want of a greater duty than is now laid on the same goods brought from Europe, as competition is more to be apprehended through that channel than from direct importations in foreign bottoms from India. While the Secretary deems it proper to bring this suggestion into the view of the House, he forbears giving an opinion as to the weight it ought to have. He perceives various advantages in a direct commerce with the East Indies, and is hitherto inclined to believe it merits the patronage of the Government; but the tendency of it is not yet sufficiently developed, to his judgment, to leave him wholly without reserve as to the extent of the encouragement which ought to be given.
Commodities of our own growth or manufacture, carried to a foreign port, and brought back again to the United States, are, by this act, liable to duty. The tendency of this to discourage commercial enterprise recommends the expediency of an exemption upon due proof of identity.
The sea-stores of vessels, the furniture, clothing, and professional apparatus of persons arriving in this country from abroad seem equally liable to duties with goods brought by way of merchandise. They have been in several instances exacted; but the payment is usually accompanied with remonstrance and discontent. If it was not the intent of the Legislature to include such articles, an explanation is necessary. Various considerations plead for exempting them, under proper limitations.
Section 2. From this section it has been doubted whether there be, at present, any duty on hemp. And it has been inferred from the debates to have been the intention of the Legislature to exempt it till after the first of December, 1790; but the construction of the act is different. There is a duty on cotton, as well as hemp, to take place at a future day. But cotton, in the meantime, is expressly excepted out of the five-per-cent. duty, which impliedly excludes hemp from the like exception. As the act now stands it will be a question, when the duty of sixty cents per hundredweight takes place, whether it be in addition to, or in lieu of, the present duty.
Section 3. Provision is here made for a drawback of the duties on goods exported within twelve months, with an exception of certain kinds of distilled spirits, and a deduction of one per cent.
But there is no provision for entries for exportation; whence it happens that a vessel arriving from a foreign port, with part of her cargo destined for the United States, and other part for some other country, is obliged to pay or secure the payment of the duties on her whole cargo; and in strictness, even to land such articles as require weighing,
