THE OBSERVER No. XIV [CONCLUDED.] A N import in commerce is an article of goods brought from a foreign country, cither by land or water, chiefly by water. An export is an article sent from our own to a foreign country. Every article of home produce or manufacture may be exported ; but is not considered as an export unless a&uaiiy sent abroad. Du ties on exports are uiually paid on the shipment of the goods. Now it will be admitted that every article of merchandize brought hither from a foreign country is an import, at the tithe of entry and delivery ; and of course, that no State can, without £he consent of Congress, lay any tax or duty upon them at the time of importation. But the main question is, whether after the goods are landed, lodged in ware-houses, and opened for sale they do not lose the name of imports. If they do, the States are not prohibited from laying duties upon them at any period, after they have loft their appellation. I presume to alTert that in the common language of merchants, goods impor:ed never loose the name of imports. The whole sale merchant, and the fmalltft retailer, would call the goods in their stores and shops, imports ; the imports of the country ; the imports from England, Ireland, and the Weft-Indies. These phrases are the usual language of the country. If then the com mon popular acceptation of a word, used and understood in all commercial countries, is to decide the point, goods brought from abroad never loose the name of imports. When lhould they loose the name ? Is it when they are landed ? When they are opened ? Or w hen they are fold to the retailer ? I confefs I am yet to be informed at what particular period or stage of bufinefethis change takes place ; or by what name the goods lhall be called after hav ing loft the name of imports. Should it be said that Congress, having cxerciftd their authority over these goods and colleaed a duty upon them at the time of importation, can have no farther light over them ; the goods are then vyithin the jurifdiftion of the State governments, and fubjeft entirely to their laws ; this would not operate against my argument. For this unlimited power of the States might interfere with the commerce of the United States, over which Congress are empowered to exercise cxclufivc autho rity. Suppose a State lhould lay a duty upon the retailing of dry goods, of 25 or 30 percent, the highest poftible profit,and lhould enforce the collection with themoft rigoroui feveiity, would not such a duty entirely defeat the commerce of that State ? Moll cleaily, But would not this interfere with the national com merce, which, by a clause of the constitution, is placed folcly un der the controul of Congress? It certainly would. But suppose. three, five or more of the States should take such a ftcp, would not Congress have power to counteract such ruinous measures ? By the constitution they undoubtedly have such power. Now admit the principle, that the States can lay any* the smallest duty on imports, under the name of an excise, by the fame right they can laythelargeft duties, amounting to an actual prohibition of the articles : And a constitutional power in the States to laydutics on goods imported, under any name whatever, is a power fully com petent to ruin the whole commerce of the United State? : A pow er which lam confident, does not extft. A right then in each State to lay duties on imported articles, will certainly interfere with our national commerce ; but the constitution of the United States prohibits every such interference, by giving the power of regulating foreign commerce and the commerce between the States, exclusively to Congress. The power then claimed by the States of imposing duties on imported articles in any shape, is dire&ly opposed to the letter, a well as to the spirit of the con stitution. There is another clause of the constitution, thefpiritof which seems to oppo/e thij power in the States ; viz. that " which de clares that all dutiee laid by Congress ihall be uniform throughout the United States." The defi_;n oi this clause is not merely to pre vent Congrcfs from laying duties in a partial manner ; it has this farther deiign of preven' mg one State from having fuperioradvan tages to its neighbor, and the infinite number of frauds which al ways grow out of a difference of prices in different parts of the country. But if the States have power to lay duties on arti cles -of import, the evil is not removed ; for some States purchase these articles in other States. IF Connecticut can lay duties on dry goods and call them excises ; New-York can do the fame ; and that State also can, as Conne&icut has done, define the word retail in the most arbitrary manner. The legislature Hiajf fay that the sale of goods of less value than thirty, forty or fifty pounds (hall be deemed a retail sale. This is afTuming no more than Cornefti cut has done. But would not this measure lay a duty on goods >-urchafed every day by our traders ? The merchants in Mew-York must evade the duty, or our traders mud pay it. Would not this be dircftly repugnant to the federal conflitution ; one great end of which it to difai in the S:ates ot this power of imposing duties on their neighbors ? 1 pre In me that no man will deny that it would. In every pontof view therefore the cxcife of an individual State is inconfiftrnt with the federal coufti'.ution. ' Jt it repugnant to the words of it, for every species of cxcife is an import, ac cording to the tru* meaning of the word ; and we may with e qual propriety, fay, the impoftof customs, the import of tonnage, the import of land tax, ortbe import of excifc. The last phrale, impoftof excise, is used by the bell writers on the fubjeft. The duties laid by any State are repugnant to the spirit and intent of the . onftitulion, for they a£>ually do and may still more interfere with the commerce of the United States; and the pow er of taxing articles of import at any time or in anyway, if once admitted to exist in the individual States, willamount toa power of cmbarrafling trade, and even of prohibiting any importation at all. Thisconclufion is so obvious, that Ido not fee h&w it can be denied, for if we admit a principle, we admit all its ncceffary conferences. The States leem to have power to lay excises according to the liueotiginal sense of tile word ; that is duties ontheproduce and manufactures of their own State. Further than this their power docs not extend. Congress also have a concurrent power with the States in this particular ; " to lay and coilefl taxes, duties, im ports, and excises." Thrfe words comprehend every species of tax upon real or personal crtate. Monies raised on lands, polls, houses, Cattle, &c. are uftially failed taxes. Monies raised on goods imported or exported are called dut'es and import*. Mo nies railed on manufactures and the retailing of liquors are called excises. But in a more enlarged sense, taxes and. imports com prehend every method of levying money on real or personal eftite. Duties is usually rertrifled to taxes on goods, wares and merchan dize; exeife only being confined, to a particular mode of laving duties, and for the most part, to duties on manufactures. Thefc dirtinftions are well . p.derfti d in England, and probably will soon be equally ertablifhed and understood in America. (From the Connefiicut Courant.) FROM THE MASSACHUSETTS CENTINEL O TEM PGR A ! O MORES ! IN' peruiin; an Englilh paper the other day, our eyes readily caught the words in capitals " BT EXPRESS at the head of a couple of columns, and our imagination inflantly ialtened on it, in expectation ot something important and highly interfiling. But our mortification may b® easily conceived, when we found it nothing but an account of a boxing match between Johnson and Per r ins.in Oxfordlhirc—with a lengthv accoufit of the Stage, the Umpires, [too NMemtn .'] bottle holders, &c. 100,000 guineas depended on fh is combat—and Johnlon the victor rcccitcd 1200 guineas as his purt of the door money !!! ADDRESS, Of the LEGISLATURE of MASSACHUSETTS. To GEORGE WASHINGTON, PRESIDENT of the UNITED STATES of AMERICA. • SIR, YOUR acccptance of your prefcnt exalted and important Ra tion, affords universal joy to the people of Massachusetts. They have long felt the moil grateful veneration for your charac ter, and attachment to your person ; and they reiletl with pleasure on the ardor which your presence inspired in the alarming and novel circumftancts of a war within their country, and on their civil security, so soon reftoied, by the diicipline and success of the army under your command. The unanimity of the fuffrages of these States in your ele&ion, is no lels a teilimony of your merit, than of the gratitude of ihis exienfive community. They have declared, by inverting you with thepowers of their President, their confidence in you from their experience of your wisdom and virtu' s, and they delight to honor you ; for your feivices in their estimation will yet exceed their rewards. The union of these States by a form of government intended to secure the bleflings ol liberty, is rendered more perfect under you, as their Chief. All the advantages of that g vernment,of our na tional independence and civil liberty, may be rationally expe&ed under your admimftrarion. From you, we shall receive thofeex amples of public and private economy, of prudence, fortitude, and patriotism, of jufticc, morality, and religion, which, by the aid of Divine Providence, insure the welfare of the community. To express the voice of our constituents, we join in the congra tulations of United America, on this great event, and we earnest ly implore the protection of Almighty GOD, upon your person and family, that he would afford you hi& divine aid in the duties of your important llation, and would long continue you as a ble(- sing to the United States. THE ANSWER. To the SENATE and House of REPRESENTATIVES of the Stale of MASSACHUSETTS. GENTLEMEN, Address with which I have been honored, has made a JL most fenfiblc impreflion upon me. That my acceptancc of the Presidency of these United States,(hould have givenjoy to the peo ple ot MafTachufctts—and that my condutt through our late arduous ftmggle for liberty and independence, hath met the approbation of the citizens of that Commonwealth, will be confideicd by me, as among the most pleasing circumstances of my life. In executing the duties of my prcfent important station, I can promise nothing but purity of intentions—and in carrying these into effect, fidelity and diligence ; if these, under the guidance of a superintending Providence, shall continue to me the approbation and affcltion of my fellow-citizens of the Union, it will be the highest gratification and th« moll ample reward that my mind can form any conception of, in this life. The adoption of the present government by so large a majority of the States, and their citizens—and the gtowing dispositions which arc among all difcriptions of men, 10 give sup port and energy to it, are indications of its merit—auspicious of the future greatness and welfare of the Empire, which will grow under it—and is the foundation on which I build my hopes of pub lic felicity ; —the best efforts of mine towards the accomplifhincnt of these great and glorious objects can only be secondary. For the Benedictions which you have been pleased to implore from the Parent of the Universe on my perfonaud family, I have a grateful heart—and the most ardent wifli, that we may ALL, by rectitude of condnft, and a perfect reliance on his beneficence, draw the smiles of Heaven on ourselves and posterity to the lateil generation. GEORGE WASHINGTON' XT I_. t..1- n New-York', July 9, 1789. FROM THE FEDERAL GAZETTE. Mr. BROWN, THE absurdity of attempting by a bill of rights to secure to freemen what they never part ed with, inuft be fejf-evident. No enumeration of rights can secure to the people all their privi leges—So well do the advocates of bills of rights i'eeni convinced of this, that they think onefweep ing clause absolutely neceflary, viz. " That all the rights not delegated are retained. Can any thing be rtiore ridiculous ! I convey to a man a certain lioufe and lot j but, left this should enti tle him to any of my other houses and lots, I en ter into an enumeration of them, and wifely ex cept them out of the grant ; and to remove all doubt, absolutely declare, that I reserve to my felfall my estate not conveyed as above. The writer of a piece signed a New-Yorker in your paper of Monday last, likemoft of the ad vocates for bills of rights, adduces precedent in stead of argument to support his opinion. He fays, " The convention now fitting at Philadel phia, have judged it fafe and wife to prefix a bill of rights to their new constitution, and have even interwoven it in the very body of the instru ment (fee article IX.)" Without remarking on his use of the word pre fix, or comparing it to the Irilh preface placed at the end of a book, let me inform him thatthe con vention have riot judged a bill of rights either fafe or wife —A committee of nine members have re ported a bill of rights ; but in this, as in other parts of their report, the convention may make great alterations. Should they, however, retain the bill of rights, I know too much of the politi cal wisdom of that body, to attribute their doing to aconvidion of the " fafety and wisdom" of the measure. I shall rather think it done in Border :o accommodate the constitution to the pre judices of the more ignorant and unenlightened part of the community. „ ~ Hl - °, au "'fi { he r "?"< d Sta '" circulates in ever), tan of he Union—bet"* honored b, Juhfcrliers in Georgia, South and North Carolina, Virginm Maryland, Delaware, Pennfilvavia, A>fc. T er r n Tn Th i'li UU, r Rho f e -'/ Majachufetts, Neio-Hanpffi and Dtfir,lt of Maine, Canaaa, Europe, and the Weft Indies This ex' tensive cmuktion renders it a proper vehicle for Advertisements of a general, commercial and governmental import-.—By the particular desire and advice, therefore, of a number of its patrons, this fiafier , ritept'onof advert,fements of the above defriLL ■ which as they will convey intelligent of an intei efling nature the Ed,' tor hotes their ,nation will meet the approbation of his friends in the Gar tt ,'i ""J? I'"" """""" " w " "">»<> P"ge in the GazctL. they zuiU be nven ir: 2 Sufp{;jn:rt. JOHN FEN NO -328- A PHILADELPHIAN. PRICE CURRENT. NEK-YORK. JANCJAP JAMAICA Spirits, afo-a 5/6 Antigua Rum, 4/9. a 5/ in. Croix, do. 4f\. a 4/8. Country, do- 2/1 o. a 3/. MolafTcs, 2f\. a qJ 5. Brandy, 5/9. a 6f Geneva, '5/ Do. in cases, 28/ a 2gf. Muscovado Sugar, BcJ. a 7?f. Loaf, do. I^3. Lump, do. 3/3 r Pimento, if.aify. Coffee, 1/7. a tfS. Indigo, (Carolina) 3f. a6f Do. French, 18f. Rice, 21 s. Superfine Flour, 49/! Common do. \ 9 f a 44/• Rye do. 2sf. a 26/. Indian Meal, 18f. Rye, 4/9. pr. bujh. Wheat, 9J3 a gf6. Corn, (Southern) 4f Do. (Northern,) a 4 f6. Beef, firft quality, 4,5 f. a 48\f. Pork, firft quality, 7of. a 7 $f Oats, 1/7. I Flax-feed, 5/9 a 6f Ship bread per cwt. 21/ Country refined > ?) , bar-iron, ) 0 Do. bloomery, 251. a 261. Swedes do. 451. RufTia do. 301. Pig-iron, 81 xof a 91. German steel, pt r lb. 9/ Nails American, by calk. ) , . j per. lb. 4 d. J 'V- Do. do. do. 6d. i2d Do. do. do. Bd. 9hjd. Do. do. do. lod. Do. do. do* i2d.f .in, 1 Do. do. do. 2od.r Do. do. do, 24d.) Pot a(h, per ton, 391. a 401. Pearl ash, 481 a 501. Bees-wax per lb. 2/2. a 2/3. Mackaiel per barr. 96f a 30f. Herrings, 18/ Mahogany, Jamaica, ) . per foot, J Dominico, do. 9d. Honduras, do. 7d. Logwood unchipped,pr.ton. 81. Do. chipped. 141. 2 inch white oak ) . r plank, perm. {10 XO J' 1 inch do. 51. 2 inch white pine plank, 81. inch do. 61. 10f. 1 inch do. 31. 10f. 2 inch pitch pine do. 101. inch do. 61. 1 of. 1 inch do. 41. Pitch pine scantling, 31. Bf. Cyprus 2 feet shingles, 11. iof Do. 22 inch do. 11. 8/7 Cedar 2 inch do. il. 10/ ADVERTISEMENT. is hereby given to all the Creditors -L of Thomas Eaton, Willtam Pells, Ja bez Sayrs, Anthony Sayrs, and George \V elch, Insolvent Debtors, now confined in the common goal of Newark, in the county of Efl'ex, and State of New-Jersey, that they arerequefted to appeal on Monday the Twenty Second Day of I ebriiary next, at Nine o'clock in the forenoon ol find day, at tlieCourt-Houfe in Newark afore taid, before the Judges of the Inferior Court, and fliew cause, if any there be, why an affignmentof the above Insolvent Debtor's Estates should not be made, and they the Insolvents be difchareed a greeable to law. Thomas Eaton, William Pells, Jacob Sayrs, Anthony Sayrs, George Welch. Newark, j Bth January, 1790. w _ t _ WILLIAM TAYLOR, Has for. Sale, at his EAST-INDIA GOODS STORE, No. 4, Burlinc-Slip, Aflortment of EAST-INDIA GOODS. „ nn „ , A mon g which arc following Articles ; BOOK Muslins 8-4 6-4 5 - 4 || HUMHUMS, Jackonet do. Long Cloths, Hankerchicfsjof various kinds,|l Caflas, £ h,n ' zes > II Seersuckers, Ginghams, y B ogl,pores. ™' Variet y Of handforne painted MUSLINS. VV ~h many other Articles, which will be fold by the Piece or Package, low for cafli. And a tew pair large bandfome Cotton COUN* TERPANES, much warmer than Blankets. JANUARY 9, 1790. j f BOSTON STAGE. ""pHE subscriber informs the public, that having contraaed to carry ti c public mail in the fiagefronf New-York to Boftoo, ror tne year 1790—commencing January the firft to go twice a V u M j y ' andthrce times a week from firft May r . ovember, and to employ a person to go thro' with the f a A )? • l r' He en & a S es that this conductor (hall tran latt all private bufincfs committed to him witfi fidelity at a rea otiaj l ommiflion—he will carry bundles, money,newfpapers, i v .v "J ay • every w ednesday and Saturday Evening in . ew-York, at fraunces Tavern, in Boston at the fubfcribei* Houie, m Hartford at Frederick Bull's, Coffee House. lour active men are now engaged as Conductors, who have g.vcn bonds for the faithful discharge of.their trull. January, 1790. LEVI PEASE. $dT The Bojlon, Albany, and Philadelphia Stages now put up a tranncet favert,. Cortiavdt- Street.where br (Tender 5 u>W phase to apply Published by JOHN FENNO, No. o, Maiden -1 "«»-the Ofwt S o-Markct, New-York — [ 3 J»I. *r. a» ] Y 23. Dollars at &. Do. 22 inch do. il. 6/. Do. 18. inch do. 18/" Butt white oak staves, Pipe do. do. 9). Hogftuad do. do. 61. icf. Do. do. heading, 81. Irish barrel do. staves, 3). Hogftu-ad red oak do. *1. e r Do. French cfo. 3). Hogshead hoops, 4!. Whitcoak fquarc timber ) per square foot, $ *' Red wood, per ton, 28!. Fuftick, loh Beaver, pe r lb. if. a \6f. 0 t rper {kin, qf. 39r Grey fox, 4/7. Martin, 4 so. Racoon, 3f6 a-J6. Mufkrat, lod. a \id. Beaver hats, 64 f. Castor do. 48f. Chocolate, 14 d. Cocoa, 70/ a Bos Cotton, lfg. Tar, pr. bar. irf, a itK Pitch, 16/ J Turpentine, iS).H2of Tobacco, James River, Do. York, 4d. a 3id. * Do. Rappahanock, Vd a 3\d. Dr>. Maryland,coloured, s£«/. Do. Western-shore, 2d a Lead in pigs, pr cwt. 6of. Do. bars, 68f. Do. Shot, 68/7 Red lead, White do. dry, 95/ White do. in oil, 5 /. Salt-petre hams, 7£d. Spermaceti candles, 3/7 Mould do. nd. a \J\ TalMw dipt, §£/. Soap, a Bd. Castile soap, 9*/. a 10d. Engl Ifn cheese, pr. lb. Country do. $d. Butter, if Hyson tea, i\f. a \if „ Sequin do. 6f6. Boheado. 2/6. a 2/8. Ginseng, 3 [ a 4 /fi. Starch Poland, yd. SnufF, 2 J 3 . Allum fait, water mea- ) . sure, pr. bu(h. J Liverpool do. %J. Madeira widc, > , , , pr. pipe, \ 60/ " a 9°*' Port, 46/. L.fbon pr, gal. cj. 1 cneriff, 4f. Fy»", 3/3. Uutch gun-powder,pr. cwt. 8/. Nail rods, pr. ton, 36/. Lintfeed oil, pr. gal. 4f Whale do. pr. barrel, 50f as6f. Spermaceti do, 61. Shake-down hhds. 3J6
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