The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III, Part 45

Author: Hazard, Samuel, 1784-1870
Publication date: 1828
Publisher: Philadelphia : Printed by W.F. Geddes ;
Number of Pages: 440


USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 45


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Connected with cash duties, the memorialits stre- nuously reccommend the warehousing regulations of Great Britain. While the committee are disposed to pay great deference to the experience and intelli- gence of older nations, they cannot but regret that we have already adopted many provisions of British laws, withont reflecting how little they were suited


to the usages, or condition of our country. If the memorialists had been practically familiar with these regulations, they would have perceived that they were not adapted to our commercial habits, and they probably would have better appreciated the policy of our own country. The chief object of warehous- ing is to permit the importation and exportation of merchandise free of duty. Other nations require France and Great Britain. It commenced with the former more than a century ago. Ports of different classes are designated for this purpose, where mer- chandise may be placed in entrepot for two years and longer, under particular circumstances. It may be exported or transported on paying a transit duty of 15-100ths of one per cent. France allows a credit on consumption duties of four months-six-and three, six, and nine months. These collected in a singular mode. The importer makes all his arrange- Inents with an officer, called the receiver of the cus- toms, who alone is held responsible to government: for this service he is allowed half of one per cent. The regulations for warehousing are similar to those of Great Britain, which we shall now particularly notice.


The Lords Commissioners of the Treasury are in- vested with almost the whole authority to prescribe regulations for warehousing in Great Britain. They designate warehousing ports; appoint warehouses of special or of ordinary security, or of parts or divisions of places or warehouses; prescribe what goods shall be entitled to the privilege, and in what manner they shall be stored; and direct in what cases the bond shall be required. To be entitled to the privilege of special security, warehouses must be built according to the provisions of any act of Parliament for that purpose. Every order relating to them in any way, whether special or general, must be published. The proprietor or occupier of the warehouse, or the im- porter of the merchandise, must give bond, with two sureties, for full duties, before the entry for warehous- ing. Transfer books are kept for recording sales in entrepot. Goods may be removed from warehouse to warehouse in the same place, or in different ports, by land or sea, on giving notice, making entry for re- moval, and giving additional bonds and sureties for their due arrival and re-warehousing. These are but a few of the complicated and almost innumerable pro- visions which have been found necessary to enforce warehousing regulations in Great Britain, besitles a long list of fines, penalties and forfeitures. Ours are of a more simple form, and better adapted to the cir- cumstances of our country.


We had no government warehouses in 1789, and very few private buildings suited to the purpose .- We accordingly substituted other regulations. We adopted an expedient, which, in practice, has been found perfectly secure, and admirably calculated to facilitate the transactions of commerce and revenue. We have no tedious and vexatious forms, none of the machinery of warehousing, and no army of revenue officers. We surrender the merchandise to the im- porter, and receive his bond with personal and real security. He can transfer or transport it as freely and as extensively as he can any other property .- If he fails in finding a market for home consumption, he can export it with the privilege of drawback. In every other country but ours, the entry for consump- tion cuts off the right of exportation with debenture; here we enjoy for three years the advantage of the double market. All our ports of entry, with a few insignificant and inoporative exceptions, are free for the importation and exportation of foreign merchan- dise. When intended merely for consumption, it may pe transported throughout the Union without entry, bond or certificate. When designed both for consumption and exportation, nothing is required but a coastwise certificate. The Government is satisfied with the inspection of its officers on importa-


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tion and exportation, and with the substantial secu- rity it holds for the amount of the duty, while the merchandise may be transferred through innumera- ble hands, and from port to port. Such is an outline of the substitute we have adopted, and which effect- ually dispenses with a necessity for all the complica- ted regulations of a warehousing system


It would have been far better had we never de- parted fram a plan so simple, convenient, and secure. But we soon adopted provisions for bonding and warehousing teas. Our unfortunate experience proves that this change has not been advantageous either to commerce or revenue. Our next departure was the act of 20th April, 1818, for depositing wines and spirits, which, if not speedily repealed, will prove infinitely more mischievious than its prede- cessor. It would be difficult to contrive a more loose and clumsy imitation of the warehousing system of' Great Britain than that framed in the act of 1818. Under this law, there were, in 1827, seventy-seven warehouses and parts of warehouses occupied by Go- vernment in the port of New York, and probably more im 1828. The mode of executing it-and it is impracticable to execute it in any better manner-is generally to set apart a certain portion of the impor- ter's warehouse, which is secured by temporary bar- riers, and placed under the joint lock and key of the Government and importer. The property thus de- posited in the owner's warehouse, and his bond without surety, are the substitutes for a bond with two sureties, and a lien upon the estates of the par- ties. Any one familiar with the practical operation of this act knows, that it is at all times in the power of the occupant to withdraw the merchan- dise without the knowledge of the revenue offi- cers; and that in fact the only substantial security we now hold for the duties on wine and spirits, deposited, is the honour of the importer .- If this act was designed to add to Government security, it was an extraordinary expedient. If it was intend. ed to guard against the adulteration of wines and spi- rits, it was useless or abortive The guard is useless as it respects wines and spirits for consumption and abortive when they are designed for exportation, as they are within the reach of the occupant. But we the actual possession of it, whether designed for con- sumption or exportation; in our country we have adopted a substitute for warehousing, which an ex- perience of forty years proves to be equally secure; more convenient to government, and infinitely more advantageous to commerce.


Warehousing has been most extensively used in have another guard far more effective. They can ne- ver be exported for debenture without passing under the immediate inspection of an officer whose duty it is to reguage and mark every cask, and whose vigi- lance in detecting frauds is stimulated by his own in- terest; for he shares largely in every forfeiture. It is, in any view, a singular precaution to risk the whole duty, in order to protect our revenue from frauds, which, if they ever existed. were too insignificant to attract the notice of Government. In attempting, by the act of 1818, to guard against imaginary dangers, we have uselessly multiplied the duties and the num- ber of our officers; substituted a doubtful for a sub- stantial security; imposed troublesome regulations on honest traders, and afforded every possible facili- ty to all who are disposed to defraud the Government. 'The committee are of opinion that our ancient prac- tice was the most secure and convenient for all par- ties; and that all the special provisions for warelious- ing teas, wines and spirits, ought to be repealed.


Under any system for the collection of the revenue, warehousing must be adopted to a limited extent; but while we act upon the sound and convenient rule established in 1789, our inerchants will gene- rally prefer, as they do now, to take the merchandise into their own possession. We shall not require, as


they do in other countries, the extensive use of ware- houses. They will be wanted only for occasional and temporary deposites, and for merchandise not designed for our use, but for the consumption of other countries. Warehouses, for these limited pur- poses, should belong to government. It would not only be essentially useful to commerce, but a mea- sure of economy, if we were to construct public warehouses on a moderate scale at all our principal ports of entry. This branch of legislation has been most singularly neglected. In ninety-seven ports of entry; we have only fourteen custom-houses, and in these fourteen ports not three public warehouses worthy to be so called. Even in New York, the commercial emporium of the Union, where more than half of the whole revenue of the country is now collected, and where two hundred and thirty millions have accrued since 1789, we have no Government warehouse, even for the examina- tion of merchandise. The committee would recom -. mend the construction of public warehouses in all the principal ports of the United States. When these are established, it would be proper to extend the existing privilege of voluntary warehousing: so long as the charges on the merchandise were annually paid, there would be no sound reason for any limita- tion of the term for which it might remain in the custody of the government waiting a market at home or abroad. Whenever such measures are carried into effect, our credit might be. again moderated. If the merchandise be entered within three months, a credit of six and nine months, from the date of im- portation, might be allowed; and, if at any time after that term, four and six months' credit might be given from the date of entry for consumption, or for trans- portation coastwise, with debenture. In the mean time, our existing credits ought to be abolished, and more uniform and moderate rates established. Four- fifths of our duties are now collected at from eight to twelve months: if all the existing terms were re- pealed, and six, nine and twelve months were allow- ed on all importations, without distinction, no very important change would be made, while it would have a tendency to prevent voyages merely for the purpose of creating capital from revenue bonds.


In thus presenting their views at length, the com- mittee have had no other motive than to make them known to those interested, preferring to act with caution, and to postpone any legislation upon the subject to another Congress. To the adoption of a general warehousing system upon the plan establish- ed in Great Britain, they are decidedly opposed. Under our regulations, the Government is relieved from the trouble of taking charge of the merchandise, the number of custom house officers is diminished,. the revenue is secure, and its amount increased. The merchant manages his property as he pleases; offers it for sale for consumption or exportation, or both; and is entirely relieved from the trouble of daily visiting the custom house, and from the con- stant and useless superintendence of revenue officers. The committee content themselves for the present with recommending for the consideration of Con- gress, with a view to future legislation, the proprie- ty of repealing all laws relating'to warehousing teas, wines and spirits; of abolishing the various credits now existing, and of allowing six, nine and twelve months on the duties on all merchandise, without discrimination; and of authorizing the construction of government warehouses in all the principal ports of the U. States.


Printed every Saturday morning by William F.Ged- des, No.59 Locust street, Philadelphia; where, and at the PUBLICATION OFFICE in Franklin place, 2d, door back of the Post Office(back room) subscriptions will be thankfully received. Price $5 per annum.


REGISTER OF PENNSYLVANIA.


DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.


EDITED BY SAMUEL HAZARD.


VOL. III .- NO. 11. PHILADELPHIA, MARCH 14, 1829. NO. 63.


EARLY HISTORY. Copy of a letter from James Logan to Charles. Gookin, Governor of Pennsylvania. 1715.


May it please the Governor,


It is now near seventeen years since the Proprietor send- ing for me to his house made me a proposal to come over with him into this province as his Secretary. After some time taken to advise upon it, I at length accepted the offer, and having arrived here he thought fit to in- trust me not only in his Proprietary affairs to a very high degree, but also committed a great share of those of Government to my care. At his departure he appoint- ed Coll. Hamilton, a very worthy gentleman, then go- vernor of the Jerseys, his deputy in the Government, under whom I was obliged to take a greater charge upon me than was well consistent with my other en- gagements. That gentleman dying, the government devolved on the Council, whose commission not being sufficiently full in relation to the Lower Counties, we found means nevertheless to preserve the administration in good order, tho' the trouble of it then at the first breaking out of the war was exceeding great. In less than twelve months after Coll. Evans arrived, who being but young and wholly unexperienced, the Proprietor, it seems, had entertained so favourable an opinion of iny regard to his interest that he was pleased in his instruc- tions to him to take such notice of me as the Governor canst best judge of by remembering those he gave thy- self, which thou wast pleased to show me. After that Gentleman's arrival, he gave a general satisfaction to the Proprietors ffriends for some time, till upon other views he thought fitt to estrange himself from them, in which he soon after saw cause to alter his measures, but the steps he had taken in that time gave such of- fence to the Proprietor that he was removed. I have already hinted at the Proprietor's instructions to thyself in relation to me, and upon the strict charge he gave me in his letters on that head, I not only thought myself obliged, but actually exerted my best endeavours to serve thee, which I can truly say I did, with all the sin- cerity I should ever wish for myself in the nearest friend. Not long after I became fully sensible of the efforts made by some persons, some of the effects of which ap- peared in one or two passages of thy conduct to me in my own inner chamber, yet I resolved unshakenly to serve my Master and his Lieutenant under him to the utmost of my ability; nor can I remember that I was ever taxed by the Governor, even in his angriest mo- ments, with one step { had made to his disadvantage, saving in the opinion I gave concerning Capt. Gibb's Pink, which I justified only by affirming that it was what I should freely doe were it my own case; and I must here declare that this was so far from being in- tended, as the Governor has too unkindly interpreted, as a snare to his prejudice, that it is still my sentiment, and what I durst undertake to justify before any com- petent and impartial judges; for since no false steps could be made by the Governor in such points without deeply affecting the Proprietor at the same time, it can never be imagined, that if I had really an ill design against the Governor (which, however, was far from my thoughts) I would venture so openly to advise in a case where I must myself be made accountable for it; VOL. III 21


therefore I cannot but think I have been hardly used to have that returned upon me on all occasions with so much unkindness.


Since that time the Surrender came upon the stage, while I was in England, and then I am sure I had no no- tion the Governor had any thought of soliciting for a commission under the crown to himself. If, therefore, I had favoured another's pretensions with whom I bad long lived, and generally very ffriendly, seeing the Go- vernor, had never imparted to me any thought relative to himself upon it. I cannot see why this should be ill- taken, or I be accounted in any case a worse man for it.


I have thus far given a short account of my engage- ments within the Proprietors affairs, not through any desire to raise an opinion of myself, but to state my case in such terms to the Governor, as that while he profes- ses the greatest regard to the Proprietor, with whom al- so I have stood in some trust, he might the more clearly see how inconsistent it is that I should be singled out and made an object of so much indignation, and treated with so much harshness, when at the same time I can challenge all mankind to give one instance in which I have knowingly acted any thing in opposition to that Interest which we are both engaged in. And I hope I may boldly appeal to the Governor himself whether I have ever opposed or have been deficient in serving his own interest with any Assembly to the best of my ability or understanding. I know not how I may have been misrepresented by whispers that may be too easily hear- kened to, but I can with a good conscience, and in the sight of God declare, I know not of one particular but I have strenuously laboured his advantage against all op- position on the other side.


Now while I have been as thus stated, and still am in relation to the Proprietor, and while the Governor acts by his commission and ever professes the greatest re- gard to his interest, I hope it cannot be accounted a forwardness or presumption in me to make this applica- tion to the Governor in behalf of that interest, earnestly beseeching him to consider whether the truest honour be not the faithful discharge of a trust, and whether it would not be much more justifiable in all events to com- mune and advise with the Proprietor's faitliful and ap- proved ffriends, such as the Council consists of, than new and inexperienced hands, who are strangers to our affairs, and act as if they were not much otherwise to the very nature of an English Government. I will by no means question the Governor's sincerity or good in- tentions for the Proprietors service, but of this I am as sure as that the sun gives day-light, that his (I mean the Proprietors) Interest, is at this juncture in the greatest danger in the Lower Counties, by means of the late and present misunderstanding in one of them.


Those counties have long stood, but too loose to the Proprietor, and now, by a happy turn, and of which, if the Governor pleased, he might make an excellent use, they unanimously assert the Proprietors Charters and Grants to them, by which they seek to bind themselves more firmly to him than ever, at the very juncture in which our disputes with Maryland are coming on the stage. Therefore not only common justice requires it that they should uninterruptedly enjoy every civil right that is granted to them, but further in regard to the Pro-


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prietors Interest 'tis impossible that any man can be a ffriend to that interest, and not endeavour at the same time to cultivate and improve the best understanding that may be with that people, in procuring for them the full possession of those Privileges which they have the most undoubted right to claim. But if on ye. contrary those measures should be continued which the Gover- nor has (I hope thoughtlessly, or passionately, or by unskilful advice, and not deliberately) taken with them; If all those who could serve the Proprietors Interest there by uniting the country to him are rejected under the name of his enemies and exasperated against him by an opprobious treatment from his Lieutenant and by his commission; while none but strangers or men who have never been of any significancy in the place are cloathed with all the Power and are made, instead of Protectors of the King's Subjects by Law, their open Oppressors through their partiallity, Ignorance, or Wil- fulness ;- I say, with all due submission, if instead of laying hold of those great advantages now presented of uniting these people to the Proprietary Interest more closely than ever, they should, by so unprecedented and so causeless a treatment (from which no possible good can arise to any man living on this side Maryland) be provoked, as there is a real danger ofit to a total defection from us by the measures now continually pursued in op- position to the earnest remonstrances of the Proprietors known ffriends, I shall here respectfully offer it to the Governor to consider how, when the matter comes to be judged he will be able to clear himself either of the gross- est Imprudence and Weakness, or else of a most open breach of trust to the ruin of his honour; nor can this be all, but while the Governor himself suffers in his Re- putation, his principal the Proprietor will much more deeply suffer in his Interest. That must sink and fall, and this purely by his having taken C: Gookin for his ffriend, and trusting him in affairs of the highest impor- tance to him, in which he proved so far from serving him according to Instructions and expectations, that he rather choose to Sacrifice his own Honour, and both his own and Principals Interest to a few ill-grounded Resentments,-as if now when his Principal the Pro- prietor is rendered uncapable to serve himself, he must, with all his ffriends the Council whom the Governour ever till of late used to hearken to, be utterly expunged from having any further place in his thoughts; and yet by all this, no visible Interest whatsoever is served but that of Maryland, who could neither wish nor contrive any thing more in their favour, had they the direction of all the Governor's measures, than those he is now taking.


Let me, therefore, beseech the Governor, from what I have said in the first part of this, to summon to his Re- membrance the Right I have to call upon him in the Proprietors behalf, and let me without Resentment or slight, implore and Obtest him by all the Regard he has to his own Honour and the Trust reposed in him, and also to common Justice, to have compassion on the Proprietors distressed family, and not involve them fur- ther in a Labyrinth of trouble, which will be the cer- tain consequence of these disorders, if not duly reme- died, of which I should say much more were it fitt to commit the whole to writing.


The Proprietor deserves nothing but well of the Go- vernour, why then should he be loaded with further trouble by him?


The Council have generally been very faithful to the Governor as well as to the Proprietor, and can have no private interest in those points to pursue. Why then on such important occasions, should all avenues be wholly shut up to their advice? or how could the Go- vernor suffer by it should they be consulted in filling up every Commission as formerly has been usual!


For my own part I shall willingly Retire and resign up every Trust, Yet have here thought myself obliged to give the Reasons why I think I ought at this time to speak, as also why the Proprietors unhappy affairs


should now be spoken to-But if nothing but misfor- tunes and disappointments must be his Lott, and these be drawn on him by those he depended on to serve him, He, as well as we, must submit to the Rigour of it! - With which shall conclude


Thy well wishing frd.


J. LOGAN.


ADDRESS OF THE ASSEMBLY


To the Proprietor complaining of the conduct of Gov. GOOKIN, towards the Territories of the Three Lower Counties.


(From the ORIGINAL in possession of Dr. Logan's family.)


May it please ye. Hone.


Tho we had the Misfortune of receiving no answer to our address of October last, delivered by Mr. Clemt. Plumsted, nor of having by our present administration in any wise cause to signify now to ye. Hone. any amendment of the Greevances therein expressed, Yet We think it our Duty both in regard to ye. Hone. our Prope. and Governe. in Chief, and to those we repre- sent, as also of our Selves, To acquaint ye. Hone. which We hereby as Representatives of New Castle, Kent and Sussex doe, That as the Several Complaints, in our late Remonstrance Mentioned were in themselves Truth and ffact. So we have not by any means had the least abatement of those abuses, but instead thereof an addition, by being this present Assembly, not vouchsafed neither ye. presence of his hone. ye. Lieut. nor any person from him, but much contrary to our Inclination, oblidg'd to return to our Respective homes without being able to provide those wholesome Laws for the benefit and ease of those We represent which they might and did Justly expect from us.


And tho his hone. our Lieut. Governe. mett the As- sembly the last year, yet We are Sorry to tell Ye. Hone. it was only to continue his Slights, contemptuous usage, and il Language, utterly refusing any act of Go- vermt. in Conjunction with us.


As Lenity, Moderation and Justice have ever been the greatest motives of Peopling and Settling this In- fant Country under ye. Goverment, So we amongst many others being upon these foundations here settled, humbly request that You will be pleased not to suffer those attributes for which your self are soe greatly con- spicuous, and to which your Govermt. hath ever ad- hear'd be to the sorrow and loss of these your Counties inverted. And we insted thereof reap and finde an administration of which these virtues are the least In- gredients. We fly to you Sr. as to a ffather, and from you expect our Deliverance, and as we are perswaded ' that no such pressures (as in our last were mentioned) could either be well pleasing to you or beneficial to ye. People and Govermt. So in all humbleness, We intreat, that by yr. Honrs. orders a suitable remedy may be pro- vided, for the ease, quiet and welfare of these ye. Coun- ties, and the lionr. and the intrest of the ffamily.




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