| PREVIOUS | NEXT | NEW SEARCH |
A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --THURSDAY, JULY 27, 1786.
Congress assembled. Present as before.
The committee, consisting of Mr. [Rufus] King, Mr. [William Samuel] Johnson, Mr. [James] Monroe, Mr. [John] Lawrance and Mr. [Charles] Pettit, to whom was referred an Act of the State of New York, passed on the 4th day of May last, entitled "An Act for giving and granting to the United States in Congress assembled, certain imposts and duties on foreign goods imported into that state, for the special purpose of paying the principal and interest of the debt contracted in the prosecution of the late war with Great Britain," having reported:
That by the act of Congress of the 18 April, 1783, it is recommended to the several states as indispensably necessary to the restoration of public credit, and to the punctual and honourable discharge of the public debts, to invest the United States in Congress assembled, with a power to levy certain duties upon goods imported into the United States; provided that the collectors of the said duties should be appointed by the states within which their offices are to be respectively exercised, but when so appointed to be amenable to and removable by the United States in Congress assembled alone. The Committee conceive that the investing of the United States in Congress assembled with this power, which includes that of forming the necessary regulations or revenue laws, with suitable penalties, of
Page 440 | Page image
declaring the money in which the said duties shall be received, of establishing the number of revenue officers, and ascertaining their duties, has been, and1 must be, considered as an essential part of the plan submitted to the several States for their adoption: The exercise of this power by thirteen separate authorities would introduce different laws upon the same subject, ordain various penalties for the same offence, destroy the equality of the tax, and might in a great measure defeat the revenue. All the States, except New York, having in pursuance of the recommendation of the 18 April, 1783, granted the impost by acts vesting this power, with certain qualifications, exclusively in the United States in Congress assembled; the long continued embarrassments of the public finances, and the indispensable demands on the federal government, dictate the necessity of an immediate and unanimous adoption of this measure. Impressed with these opinions, the Committee have carefully examined the Act of the state of New York to them referred, and submit the following remarks: 1st. That several of the States which have passed Acts investing the United States in Congress assembled, under certain restrictions, with power to levy the duties on goods imported into the United States, agreeably to the recommendation of the 18th of April, 1783, have inserted in their Acts express conditions that the same shall not be in force, or begin to operate, until all the States in the Confederacy have passed Acts vesting the United States in Congress assembled, with power to levy in the several States, like duties. 2d. That the Act of the State of New York referred to the Committee, does not invest the United States in Congress assembled, with power to levy in that State the duties therein mentioned; but reserves to the State of New York, the sole power of levying and collecting the same in the manner directed in and by an Act of that State, entitled "An act imposing duties on certain goods, wares and merchandise imported into the said State," passed the 18th day of November, 1784, and consequently prevents the operation of the impost in those States which have made the exercise of this power by the United States in Congress assembled, an indispensable and express condition of their grants. 3d. That the said Act does not make the Collectors of the said duties amenable to and removable by the United States in Congress assembled; but ordains that upon conviction before the supreme Court of judicature, or in the Court
[Note 1: 1 At this point Benjamin Bankson takes up the recording.]
Page 441 | Page image
of exchequer of the State of New York, for any default or neglect in the execution of the duties required of them by the said Act, or by an Act of that State, entitled "An act imposing duties on certain goods, wares and merchandise imported into the said State," they shall be removed from Office, and others appointed instead of the persons so convicted; which is a material departure from the plan recommended by Congress. 4th. That by an Act of the State of New York, entitled "An act for emitting the sum of two hundred thousand pounds in bills of credit for the purposes therein mentioned," passed the 18 of April, 1786, it is among other things enacted, "that gold and silver, and the bills of credit emitted by virtue of the said act, shall be received by the Collector for duties arising on goods, wares and merchandize imported into the said State, after the passing of the said act," in consequence whereof, admitting that the system of a general impost, could be put in operation, it would remain optional with the importer to pay the duty on goods imported into the State of New York, in specie or bills of credit emitted by virtue of the aforesaid Act. 5th. If bills of credit of the State of New York should be received from the importer in that State, upon the principles of equal justice, bills of credit emitted by any other State, must be received from the importer of goods in such State, and thereby, instead of the system yielding a sum in actual money, nothing but paper would be brought into the federal treasury, which would be wholly inapplicable to the payment of any part of the interest or principal of the foreign debt of the United States. Whereupon the Committee submit the following resolution: Resolved, That the Act of the State of New York, entitled "An act for giving and granting to the United States in Congress assembled, certain imposts and duties on foreign goods imported into that State, for the special purpose of paying the principal and interest of the debts contracted in the prosecution of the late war with Great Britain, so essentially varies from the system of impost recommended by the United States in Congress assembled on the 18th day of April, 1783, that the said Act is not, and cannot be considered as a compliance with the same."
1The foregoing report being under debate, a Motion was made by Mr. [James] Monroe, seconded by Mr. [Samuel] Livermore, that the consideration thereof be postponed, in order to take up the following proposition, viz.
[Note 1: 1 Charles Thomson here resumes the entry in the Journal.]
Page 442 | Page image
That a committee be appointed to draft an Ordinance to carry into effect the system of impost recommended to the several states for their adoption, on the 18th of April, 1783, in conformity with the acts of the twelve States which have complied with the said recommendation, and to take effect so soon as the State of New York shall have fully acceded to it, and the states of Pennsylvania and Delaware so modified their compliance as to enable the United States to carry it into effect upon that event.
On the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. [Timothy] Bloodworth,
{table}
So it was resolved in the affirmative.
The proposition being then debated, and sundry amendments made, on the question to agree to the same as amended,
Page 443 | Page image
the yeas and nays being required by Mr. [Timothy] Bloodworth,
{table}
So it was Resolved, That a committee be appointed to draft an Ordinance, to carry into effect the system of impost recommended to the several states for their adoption, on the 18th of April, 1783, in conformity with the Acts of such states as have complied with the said recommendation, and to take effect so soon as the state of New York shall have passed an Act acceding to the said system, in like manner with the other states, and the States of Pennsylvania and Delaware shall have repealed the clauses in their respective Acts, restraining the operation of their grants of the impost, until all the states shall have granted to Congress the supplementary
Page 444 | Page image
funds; and report such further measures as may be necessary to be taken thereon.1
[Note 1: 1 According to Committee Book No. 190, the committee appointed was Mr. [James] Monroe, Mr. [Charles] Pinckney, Mr. [Nathan] Dane, Mr. [Samuel] Livermore and Mr. [Charles] Pettit and a report, in part, rendered August 9. See post, August 8 and October 16.]
The Board of Treasury to whom was Referred the Motion of the Honorable the Delegates of the State of South Carolina of the 19th. Instant, Beg leave to lay before Congress an Estimate of Pay due to the Officers of the South Carolina Line, and others in similar circumstances for the Years 1782 and 1783:
By this Estimate Congress will observe that the whole amount of the Arrearages of pay due to the Officers so circumstanced is 37,066 56/90ths. Dollars.
There can be no doubt that these Claimants are justly entitled to the same payment as was made to the Officers of the Main Army, and the presumption is, that nothing but the State of the Finances prevented the late Superintendant from putting the Southern Officers upon an equal footing with the other part of the Line.
The embarassments of the Revenue so far from diminishing, have been daily encreasing; so that however anxious the Board have been to make provision for these claims, it has not hitherto been in their power to effect it generally, in a satisfactory manner.
In consequence of a late Arrangement made by this Board with the Delegates of the State of North Carolina, an Anticipation has been made on that State for the Payment of the Monies due to the Officers of that Line, amounting to 13,367 34/90ths. Dollars to be Credited on the Requisition of the 27th. and 28th. April, 1784; so that the Sum now remaining due on the Estimate is 23,699 22/90 ths. Dollars.
A similar Arrangement might be made with the Officers of the Virginia and Maryland Lines, from which States, Balances are due on the Requisition of the 27th. and 28th. April, 1784. With respect to those from South Carolina; as no Balance is due from that State, on that Requisition, the same provision cannot be made, and the state of the Treasury will in nowise admit a payment in Specie. If the Legislature of the State of South Carolina will make provision for the Payment of their Officers, agreeably to the Return of the Commissioners of Army Accounts, the Amount (should Congress judge proper) might
Page 445 | Page image
be deducted from the Specie Payments becoming due from that State.
All which is humbly Submitted.1
[Note 1: 1 This report, signed by Samuel Osgood, Walter Livingston, and Arthur Lee, is in the Papers of the Continental Congress No. 139, folio 359. The estimate is on folio 355. According to indorsement the report and estimate were read July 27 and referred to Mr. [Charles] Pinckney, Mr. [Rufus] King and Mr. [Edward] Carrington. It is further indorsed by Roger Alden, "Reported--passed Octr 10th. 1786." According to Committee Book No. 190, the Committee reported August 2.]
July 26th., 1786.
Office for Foreign Affairs,
27th. July, 1786.
The Secretary of the United States for the Department of foreign Affairs to whom was referred a Letter of 23d. July Instant from Brigadier General Du Plessis to Congress, informing them that he had purchased an Estate in Georgia, of which he is now going to take Possession, that he considers himself as having thereby become a Citizen of America, and that as such he renders to them Faith and Homage &ca. and praying an Act of Congress certifying the same may be given to him &ca., Reports That, in his Opinion, it should thereupon be--
Resolved, that Congress receive with Pleasure the Information given them by Brigadier General Du Plessis in his Letter of 23d. July Instant, of his Intention of becoming a Citizen of the United States but that as the Power of admitting Individuals of other Countries, to the Rights of Citizenship in this, appertains to the particular State in which they mean to dwell and establish themselves, it will be necessary for him to apply, for that Purpose, to the State of Georgia; within which, the Estate he has purchased and is about to occupy, appears from his Letter, to be situated.
All which is Submitted to the Wisdom of Congress.
John Jay.2
[Note 2: 2 This report is in the Papers of the Continental Congress, No. 81, II, folio 123. According to indorsement it was read July 27 and "Referred to the Secy. of Congress to take Order." Du Plessis letter and a translation of same are on folios 127 and 131.]
PREVIOUS SECTION .. NEXT SECTION .. NAVIGATOR
| PREVIOUS | NEXT | NEW SEARCH |