Draft of An Act Making Further Provision for the
Payment of the Debts of the United States1
[New York, January–July 12, 1790]
An Act making further provision for the Payment of the Debts of the United States
Whereas by an Act intitled “An Act for laying a duty on goods wares and merchandizes imported into the United States”2 divers duties were laid on goods wares and merchandize so imported for the discharge of the debts of the United States and the encouragement and protection of Manufactures: And whereas the support of government and the discharge of the said Debts render it necessary to increase the said duties
Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, that from and after the last day of December next the duties specified and laid in and by the Act aforesaid shall cease and determine, and that upon all goods wares and merchandize (not herein particularly excepted) which after the said day shall be brought into the United States from any foreign port or place there shall be levied, collected and paid the several ⟨and⟩ respective duties following that ⟨is to⟩ say—Madeira Wine of the quality of
|London particular||per Gallon||35 Cents|
|other Madeira Wine||per Gallon||30 Cents|
|Sherry Wine||per Gallon||25 Cents|
|other Wines||per Gallon||20 Cents|
|If more than ten per Cent below proof according to Dycas’s Hydrometer||Gallon||12 Cents|
|If under five and not more than ten per Cent below proof according to the same Hydrometer||per Gallon||12½ Cents|
|If of proof and not more than five per Cent below proof according to the same Hydrometer||per Gallon||13 Cents|
|If above proof but not exceeding twenty per Cent according to the same Hydrometer||per Gallon||15 Cents|
|If of more than twenty and not more than forty per Cent above proof according to the same Hydrometer||per Gallon||20 Cents|
|If of more than forty per Cent above proof according to the same Hydrometer||per Gallon||25 Cents|
|Molasses||per Gallon||3 Cents|
|Beer ale and porter in casks||per Gallon||5 Cents|
|Beer ale porter and cyder in bottles||per dozen||20 Cents|
Teas from China and India in Ships or Vessels of the
|United States Bohea||per lb||10 Cents|
|Souchong and other black teas||per lb||18 Cents|
|Hyson||per lb||32 Cents|
|other Green Teas||pr. lb||20 Cents|
Teas from Europe in Ships or Vessels of the United States
|Bohea||pr. lb||12 Cents|
|Suchong and other black Teas||pr. lb||20 Cents|
|Hyson||pr. lb||40 Cents|
|other Green Teas||lb||24 Cents|
Teas from any other place or in any other Ships or Vessels
All other goods wares and merchandize except bullion tin in pigs tin plates, Old Pewter, brass Teutenague, iron and brass wire, copper in plates Salt petre, plaister of paris, dying woods and dying drugs raw hides and skins, furrs of every kind the sea stores of Ships or vessels the cloaths books household furniture and the tools or implements of the trade or profession of persons who come to reside in the United States, philosophical apparatus specially imported for any seminary of learning, all goods intended to be re-exported to a foreign port or place in the same Ship or vessel in which they shall be imported and generally all articles of the growth product of manufacture of the United States, five per Centum ad valorem.
And be it further enacted that after the last day of December next
which will be in the year 1791 there shall be paid on Hemp imported as aforesaid at the rate of sixty Cents for 112 pounds and on Cotton imported in like manner at the rate of three cents per lb.
And be it further enacted that an addition of ten per Centum shall be made to the several rates of duties above specified and imposed in respect to all goods wares and merchandize which after the said last day of December next shall be imported in ships or vessels not of the United States except in the cases in which an additional duty is hereinbefore specially laid on any goods wares or merchandizes which shall be imported in such Ships or Vessels.
And be it further enacted that all duties which shall be paid or secured to be paid by virtue of this Act shall be returned or discharged in respect to all such goods wares or merchandize where-upon they shall have been so paid or secured to be paid as within twelve Calendar Months after payment made or security given shall be exported to any foreign port or place; except one per Centum on the amount of the said duties which shall be retained as an indemnification for whatever expence may have accrued concerning the same.
And be it further enacted that there shall be allowed and paid on dried and pickled fish of the Fisheries of the United States and on other provisions salted within the said states; which after the said last Day of December next shall be exported therefrom to any foreign port or place, in lieu of a drawback of the duty on the salt which shall have been expended thereupon, according to the following rates viz
|Dried fish per Quintal||Nine Cents|
|Pickled Fish and other salted provisions per barrel||Nine Cents|
And be it further enacted that where duties by this act are imposed or drawbacks allowed on any specific quantity of goods the same shall be deemed to apply in proportion to any quantity less than such specific quantity.
And be it further enacted that all duties which by virtue of the Act entitled “An act for laying a duty on goods wares and merchandize imported into the United States” accrued between the time specified in the said act for the commencement of the said duties and the respective times when the Collectors entered upon the duties of their respective offices in the several districts be and they are hereby remitted and discharged and that in any case in which they may have been paid to the United States, restitution thereof shall be made.
And he it further enacted and declared that the several duties imposed by this act shall continue to be collected and paid until the debts and purposes for which they are pledged and appropriated shall be fully discharged and satisfied.
Provided that nothing herein contained shall be construed to prevent the Legislature of United States from substituting other duties or taxes of equal value to any or all of said Duties and imposts.
ADf, RG 46, Records of the United States Senate, Committee Reports and Papers, National Archives.
1. This draft was the basis for “An Act making further provision for the payment of the debts of the United States” (1 Stat. description begins The Public Statutes at Large of the United States of America, I (Boston, 1845). description ends 180–82 [August 10, 1790]).
After H had submitted his “Report Relative to a Provision for the Support of Public Credit,” January 9, 1790 (PAH description begins Harold C. Syrett, ed., The Papers of Alexander Hamilton (New York and London, 1961– ). description ends , VI, 51–168), to the House of Representatives on January 14, the Committee of the Whole House on April 27, 1790, reported a series of resolutions revising the duties on wines and distilled spirits and appointed a committee to bring in a bill “pursuant to the said resolutions.” On May 5 the committee presented a bill for laying new duties on imported and domestic distilled spirits “as well as 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.” On June 21 the House defeated the bill and appointed a second committee “to devise a plan for payment of the interest on the debt of the United States.” On July 2, after the committee had reported, the House passed a series of resolutions and appointed a third committee, which presented a bill on July 13 “making further provisions for the payment of the debts of the United States.” The House passed the bill on July 19, and on August 6 the House agreed to the Senate amendments to the bill (Annals of Congress description begins The Debates and Proceedings in the Congress of the United States; with an Appendix, Containing Important State Papers and Public Documents, and all the Laws of a Public Nature (Washington, 1834–1852). description ends , I, 1600–01, 1604–05, 1699–1700, 1711, 1715, 1716, 1733, 1741, 1761).
The similarities between this draft and the act as passed are numerous and striking, and they far outweigh the differences between the two documents.
Some, but far from all, of the provisions in both the draft and the act as passed can also be found in H’s “Report Relative to a Provision for the Support of Public Credit,” January 9, 1790. See especially PAH description begins Harold C. Syrett, ed., The Papers of Alexander Hamilton (New York and London, 1961– ). description ends , VI, 102–04.
There are two documents attached to H’s draft. The first, entitled “The Committee report the following amendments,” contains an amendment to the preamble of H’s draft as well as changes in the wording of other sections. The second document is entitled “Estimate of Interest & Ways & Means.”