Gazette of the United-States. (New-York [N.Y.]) 1789-1793, June 29, 1791, Page 69, Image 1

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    PUBLISHED WEDNESDAYS \ND SATURDAYS ~V
[No. 18, of Vol. lII.]
Compendium of the Law of the United States,
laying DUTIES on Distillfd Spirits, as
ter the la ft day of June, 179r, by AA of Con
gress, of the 3d of March, 1 79 1 -
THE duties heretofore laid on distilled fpirils imported from
abroad, are repealed.
On all spirits imported, more than 10 percent, below proof,
according to Dicas's hydrometer, per gallon, a duty of 20 ceuts.
Under 5 and not more than 10 percent, below proof ditto, 21
cents.
Of proof arid not more than 5 per cent, below proof ditto, 22
tents.
Above proof, but not exceeding 20 per cent, ditto, 25 cents.
Ditto, more than 20 and not more than 40 per cent, ditto, 30
cents.
Ditto, more than 40 per cent. do. 40 cents.
To becollefted in thefame manner as the duties heretofore laid
If the duties do not exceed 50 dollars to be paid immediately.
From 50 dollars and not moic than 500 dollais lo be secured b)
bond or deposit 111 4 months. »
If above 500 dollars to be lecured by bond or deposit in 6
months.
The maftcr of any vefTel having diflilled spirits on boatd with
in 48 hours of arrival, to report the fame to one of the infpe&oi\s
of the port, under penalty of 500 dollars.
Two manifefts to be delivered and the permit from collector
lor landing, to be indoried by the officer of iufpe£lion before the
spirits are landed.
Calks containing spirits to be branded, when landed.
Certificate of entry of the whole to be given by the officer cf
infpe&ion to the importer, and one ccrtihcate foi each cask, to ac
company the fame wherever lent.
On all diflilled spirits within the Uuited States frqm foreign ma-
IF more than 10 per cent below proof, per gallon, 9 cents.
Under 5 and not more than io per cent, do. 10 cents.
Proof and not more than 5 per cent, below proof, do. 11 cents.
Above proof but not exceeding 20 per cent. do. 13 cents.
Ditto, more than 20 and not more than 40 per cent. do. 17
cents.
Ditto, more than 40 per cent. do. 25 cents.
The duties to be paid or iecured before removed, at the option
of the proprietor of the distillery, to be paid down with 2 cents
pei gallon abatement, or the whole lecured by bond payable
quarterly.
Before removal the officer to brand the number and name of
difliller, place where situate, quantity of gallons and pioof, and
the duties being oaid, the officer is to grant a certificate which is
to attend each cask on removal. If rrtnovc-d without such brands
and certificates, the fame together with horses, carriages, vefTcl or
boat employed in removal forfeited ; the officer alio forfeits the
value of the spirits.
No fpn its to be removed from distillery except between sun
rise and sun-set, except by confcut ot and in prt fence of the offi-
pain of forfeiture.
Stills employed in distilling from materials of growth or pro
duce ofthe United States, in any oiher place than a city, town,
or village, to pay 60 ccnts for every gallon of such still including
the head.
Duties to be paid in the firft fifteen days in January and July,
Proprietor of stills keeping daily accounts of spirits distilled,
may on proof by oath or affirmation pay 9 ccnts per gallon on the
quantity distilled, in lieu of duty on Hills.
Distillers from foreign matenals, to have painted or written, in
front of the house or building, used for distilling, and upon the
door or entrance ot the place where the liquois are kepi, ihe
words. " Dittiller ot Spirits." And three days before distilling
to make entry of Inch distillery and building under forfeiture of
100 dollars, and thefpirits.
Distillers on lft July to make entry on that day or within three
days.
Stock of spirits on hand on lftjuly to be branded by the officer,
*'Old Stock." And on removal to be accompanicd by certifi
cate from officer on pain of forfeiting 50 dollars.
Every importer ot distilled spirits on ill July next or within
three days, to cater all spirits in poffeflion, to be maiked and ac
companied with a certificate in cafe of removal, as is dire&ed
above from distilleries, on failure of such eulry to forfeit value of
spirits.
Any cask with fpi 1 its which ought to be marked, found in pof
fcflion without such mark and certificate, may be ft-1 zed, and if
not proved to have paid duties or to have been distilled as alorc
laid, toifeited.
Officers in da\ time, on requcft may enter such houses, {lores,
&c. entered as aforefaid, and take an account and (ample, on pay
ing the usual price for the fame.
For defacing the marks set as aforefaid on any cask, the pcrfon
to forfeit one hundred dollais.
Tso cask marked 4 * Old Stock" to be used for putttng any other
Spirits in, nor (hall distillers use such calks after 12 mouths on
pain of forfeiting the spirits, except casks of 200 gallons and up
wards not intended to be removed.
Spirits fraudulently bid or concealed are forfeited, and any
ot the United State sor jultiec of pcacc, on fcafonable caufc*
of fufpicioH by oath or affirmation may bv warrant auihorifc the
officerin day time in preftnee of a constable, to enter and seize and
carry away the fame.
After the last of June next, no fpintuous liquors exccpt gin or
cordials in cases, jugs 01 bottles, to be brought from foreign por
in less calks than 50 gallons, on pain of forfeiting spirits, veflfei
and cargo, except fpiritt not exceeding four gallons for each fca-
man.
Every distiller of spirits on which duty is charged by the gal
lon, is to keep a daily account of the (pirns he (hall fell, fend oui
or diftii!, to be entered the day after m a book 10 be furmlhea
their, by the supervisors on demand, and to be returned at the
end of each s ear, 01 when filled up to the officer of infpectfon,
and the truth of the enti <es venhfid by oath or affirmation of th<
petfou making them : The book to be open to the infpettion o
Purveyor, who may take minutes ; foi everv negltft or refufal to
I»ccd such book or fliew the fame, the difttller forfeits 100 dollars.
Penalties aic not to extend to peifons having otic ilill only not
ex<:« edni* 50 gallons in< ludintj the head.
Any fupcr\ifoi or officer of infpcftion convtfled of oppreflion
or extoition forfeits 500 dollars, or impiifjnmtnl not cxceed.ng
fix iTion*.hi or both and forfeit ins office.
u fee to be taken for any ceitiftca e.
terials.
70H,V FENXO, No. 6q. /// :H-STREET, BETWEEN SECOND AXD THIRD STREETS, PHILADELPHIA
Wednesday, June 29, 1 75? t-
Supcrvifors or infpeftors neglecting to perform the duties en
o ned. are subject to damages to the liarty fuffering.
Actions for any thing done in purfnance of this ast, are te> !)'
■mnmenced within three months, and in the county, utilefs bro't
n a court of the United States.
One half of the penalties and forfeitures are for the benefit of
the person making feiznre or differing the offence.
Counterfeiting or forging certificates under this ast, accepting
or fraudulently altering the fame, the person guilty forfeits 50c
dollars.
Taking falfe 03th or affirmation nunifliable as for perjury.
Giving ot offering a bribe to officers, the person forfeits not
exceeding - 500 dollars.
For obftru6ting or hindering officer in execution of his duty, or
rescuing or attempting to itfcue fpiriis after fcizure, forfeit not
exceeding eoo dollars,
Osirc? entering into rnllufion or concurring in fraudulent deli
very of spirits, or for falfe marks or guilty of fraud or embezzle
ment, forfeits 1000 dollars, lof> of office anddifabled from hold
ing an) other office.
DRAWBACKS.
In cafe of exportation the whole duties to he remitted, dednft
<ne ± cent prr gallon, and adding to the allowance upon spirits
distilled within the United States, fiom molafles 3 cents per gal
lon. The exporter to giv 24 hours notice to the proper officer
who shall examine and infoeft the fame and brand each calk, Sc■
with thr word " exportation." and ceriiff the tranfa&ion to 'he
collector: provided, the said allowance not to be made until after
t he exporter make oath that the said liquors are not intended to be
re-landed ithin the United States, See. tken the allowance to be
paid in fix months. And in caf" that the ovner shall countermand
the said exportation, and give due notice thereof, it (hall then be
lawful for the collc&or to grant a permit for the re-landing the
fame.
Breach of this feflion punifbable bv forfeiture of veflel and
cargo, rxcept in cases of necessity and diflrefs to save the ship and
goods from perifhmg.
No foirirs to be exported in vrflels under 30 tons burthen.
Bonds given in consequence of 1 his article, may be discharged
after one vear bv the certificate of our consul resident at the port
to which such liouors were exported, which fha'l be confirmed
by the 03th or affirmation of the captain and mate, or where no
consul is resident. the certificate of two rnerchants of the United
States or of the chief civil magiflrate of said place, and in cases
that will admit of either, fhen the exporter mav offer such
other proof as he c?n produce, of which the colle&or is to be
deemed fufficient iudge ; except in cases where the drawback
amounts to loode'lars or upwards, then to be referred to the
comptroller of the treasury, whose. decision (ball be final.
REPORT
OF THE
SECRETARY OF STATE,
ON THE SUBJECT OF THE
CQD AND WHALE FISHERIES.
No. XIII.
[con T I N UED.J
THE instances which have proved profitable to the owners are
bul few; greater loffesare to be apprehended from the pre
fer!' high prices of all the n-ceffaries and materials. To clear the
expencc of a voyage, each veflel must at lead bring a return of
fifteen thousand guilders, exclusive of oi.e thousand guilders for
insurance, hefnles the yearly decrease of capital, which tray be
calculated on an average, at thirtv 1 houfand guilders for every
vessel completely equipped, makingthe firm of three million eight
hundred and seventy thousand guilders for one hundred anct
twenty-nine vefle's which have been fitted out this prcfent year,
and which must each fetch out of the Tea twenty ions of net goods
to clcar thcmfclves. The profpeft of doing this is very unfavora
ble, as all onr neighbours life greater exrr lions in that trade than
ever ; to which they are encouraged by the aid of their refpeflive
governments, iri particular the British, who allow forty (hillings
(let ling per ton to cach velTel which is employed in the whale
filheiy ; by which means the number of their whaling veflels have,
since the year 1749, (when 'he bounty was granted) inrreafed from
two to one hundred and nine vessels, which in the spring 1775,
failed from England and Scotland, measuring in the whole thirty
three thousand three hundred and eighteen tons, and amounting,
at forty (hillings per ton, to sixty-six thousand fix hundred and
thirty-fix Dounds, equal to seven hundred and thirty-two thousand
nine hundred and ninety-fix guilders, which amounts upon an
average to fix thousand seven hundred and twenty-five guilders
(or each veflfel.
The fifheries in Sweden and Denmark have also received addi
tional strength from the . ncouragements offered by their govern
ments, without which they would have but little inducement to
'hat trade ; so that intiead of Holland 'ormerly exceeding aII the
o'her nations together in the whale filhcrv, the\ at present exceed
the Dutch by one third in the number of vessels—nay, England
alone now fends out nearly as many vessels as Holland.
Another obstacle orefents itfelf with rejard to the whale-bone
trade. Of this article Holland formerly (hipped five-eighth parts
' Great-Britain, of which sale we are now deprived, on account
ol the high duty imposed on all foreign whale-bone imported in
•o that kingdom, and which may be coofidered as ar. additional
premium 011 the fifhery ol that nation, amounting commonly to
fifty guilders per one hundred weight. Our exportation of whale
oil is also on the decline Hamhurgh and Bremen receive great
fnpolies, partly from their own fifheries and partly from England
a d Russia, so as to be able to furnifh thegreareft part of Ger many
with that article. France and Spain ate mostly supplied from
England ; and as it has been alwayi computed, that three-fourth*
the product ot our filheries ate exported, the competition of
those and other rival nations will scarcely leave a foreign market
for us: our own provinces and the liver Rhine, will be our
limits.
Another disadvantage not lo pais unnoticed, which is, that
the prices ot the produce of the filherio are confide,ablv reduced •
the whale-hone of the latest vovage having already been foid as low
as ninety guilders or less, which gives a loss. Oil may also, in
cafe of a 'ucce'sful season, nil from fluty to forty guilders per
twelve ftekan (fixtv-three gallons); ai.d in that cafe, vessels that
return With one half or two thirds of their cargo, must (ink money
I hefe are the mod material circinndances that impedethe pro
jrc:- 0! our fiffceric;. The efFcft of the premium granted bv the
69
[Whole No. 2.26.
British parliament, has already been severely felt by our Green
!<md fleets, having, iince that period, citcreafed one third in
a umber.
Abstract of LIVE STOCK exported from the
United States, from about August 20th, 1789,
to September 30, 1790, from returns in the
T reafury-Office.
French W.lnd,
He^ds.
I Value. |
66915,
[263281
Horn'd cattle
Horfcs,
357 3
6970
22
5379
8 33
850 c
9580
Mules,
Sheep,
Hogs,
4>85
.349 111
20129;
"0 be con a
FROM THE (BOSTON) COLUMBIAN CENTINEL.
MR. RUSSELL,
lIIAVE afi'mned for a principle, that the En
gliHi nation, having delegated all iheir col
lective power, have no right in their original
character, to change their form of government,
unless it has become absolutely inadequate to the
purposes for which it was inllituted. The peo
ple themselves, innll from the necessity of the
cafe be the judges of this facfl; but if in forming
this judgment, and acting in purluance of it,
they proceed from passion and not from princi
ple, if they diflolve their compact from an idea,
that " they have a right to do whatever they
choose," and break the bands of society, in the
forms of defpotifin, " because such is their plea
sure, " tliey may indeed go through the opera
tion by the plenitude of their irrefillable power,
but the nation will meet with ample punifliment,
in their own misery, and the leaders who delude
them, in the detestation of their own posterity.
It is nor by adopting the malignity of a political
fatyrill, by converting the sallies of wit into the
maxims of truth or justice, or by magnifying tri>-
vial imperfections into capital crimes, that a na
tion will bejuftified in resorting to its original
flrength, to contend against its delegated power.
It is not a mechanical horror against the name of
a king, or of ariitocracy, nor a pliyfical antipa
thy to the found of on extravagant title, or to
the fight of an innocent ribband, than can au
thorise a people to lay violent hands 'upon the
conftitntion which prorecls their rights, and
gua'-ds their liberties. They must feel an aiftual
deprivation of their equal rights, and fee an ac
tual impossibility for their reftoiation in anv
other manner, before they can have a right t<*
lay their hands on their swords, and appeal to
Heaven. These are not the principles of slave
ry ; they are the tenets of the only genuine li
berty ; which confifls in a mean equally diftanc
from the delpotifm of an individual, as of a mil'
lion. They are fantftioned by our own uniform
example, and will, I trust, never be departed
from by the molt enlightened, and most virtuous
people on the globe. For fixreen years the peo
ple of America endured a continual fufceffion of
every indignity, which the ppide of dominion,
the insolence of power, and the rapacity of ava
rice, could inflict upon them, before they coultl
resolve to renounce an authority, three tlioufand
miles distant from them ; and even then,' they
were so far from thinking they had a right to
do whatever they chose, that by the very art,
which renounced their connection with Great-
Britain, they exposed to the world their own
f ttfFerings, and the various ac'ts of tyranny, which
had compelled them to " acquiesce in the necef
firy which denounced the Separation," and, " ap
pealed to the Supreme Judge of the world for
the rectitude of their intentions." No, Sir, the
venerable character who drew lip this declara*
tion, never could believe that the rights of a na
tion, have 110 other limits, than its powers.—
Since the revolution, the people of the United
States, have again been compelled to form a na
tional government, and in its forma)ion proceed
ed in the fame spirit. The confederation wa>
found totally incompetent for the purposes for
which it was instituted ; not from an abuse of
the delegated powers, in those by whom it was
adtniniftered, but because Scarcely any powers at
all had been given. The inffieciency of that
fylteni had long been fully demonstrated, and
had reduced us to extreme distress. The States,
United but in name, were upon the verge of ge
neral brnkruptcy. Their crcdit funk to the low
No. XIV.
AM other countries,
Heads.
>833
1658
215
4679
1119
Heads.,
.54°6
8628,
Value.
33°4 5
76235
8013
8537
4901
2 37
10058,
53°4
95°4 i '3°73'
2 9 6 33!
luded in our next.)
Total
Value.
99960
3305>6
8846
17039
14481
[479842