The Economic Policies of Alexander Hamilton. Hamilton Alexander
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The utility of an establishment of this nature must depend on the exertion, vigilance, and fidelity of those to whom the charge of the boats shall be confided. If these are not respectable characters they will rather serve to screen than detect fraud. To procure such, a liberal compensation must be given, and, in addition to this, it will, in the opinion of the Secretary, be advisable that they be commissioned as officers of the navy. This will not only induce fit men the more readily to engage, but will attach them to their duty by a nicer sense of honor.
Section 6. Collectors are here authorized, in case of necessary absence, sickness, or inability, to appoint deputies. It is represented that inconveniences have arisen from the want of the like power in the naval officers and surveyors.
Section 7. Provision is here made for the case of the disability or death of the collector, but not of the naval officer or surveyor. A similar provision, with respect to them, appears to be not less requisite.
Section 10. The provision of this section seems to extend too far. It is conceived that it ought to be confined to vessels owned wholly, or in part, by citizens of the United States; as it is not supposable that those of other nations can be acquainted with a regulation so entirely local in its nature, or be prepared to comply with it. There is also want of a penalty to enforce its observance.
This regulation has been represented as inconvenient and useless, but the Secretary does not view it in this light. It is probable that it will contribute to the security of the revenue, by rendering more difficult those collusions between masters and owners, which often take place after the arrival of vessels upon the coast, or within port.
Section 11. Masters of vessels, within forty-eight hours after their arrival in any port of the United States, are to make report. It is not explained whether they are not at liberty in the meantime to proceed elsewhere. The construction of the officers of the customs, in several instances, has been in favor of such liberty. But this construction does not appear to the Secretary well founded. He conceives that the duties become payable by the act of importation, even previously to entry, and that the forty-eight hours are only allowed as a reasonable time for the master to prepare his report; after which he is to be subject to a penalty for not doing it. An explanation, however, may prevent disputes.
It is also submitted, whether masters ought not to be required, within twelve hours after their arrival, to announce it at the custom-house, and to complete their report within twenty-four, with an exception for Sundays. It is of moment that vessels arriving should be brought as speedily as possible under the notice of the proper officers, and that their situation should be ascertained as early as practicable. More time than is necessary for disclosing it with proper accuracy can be of no real use, and gives greater opportunity for concerting frauds.
In the oath here prescribed for masters of vessels, there is no view to those casualties which may cause the cargo to be diminished at sea. There ought to be room for making the proper exceptions, according to the circumstances. And it would be useful to make it a part of the oath, that any goods afterwards discovered on board shall be reported; as in the case of importers or consignees.
Section 12. It is here declared that no goods shall be unladen but in open day. It would be more safe, as well as more certain, to fix particular hours for the purpose, according to different seasons of the year. And it is submitted, whether all lading, as well as unlading of goods, at other hours, unless by special license from the officers of the customs, ought not to be forbidden. If, in addition to this, masters of vessels were required to give previous notice to the officers assigned to their respective vessels, of the times when deliveries are intended to begin, it would afford an increase of security.
This section contains various penalties on persons concerned in unlading and removing goods without the requisite permits. It would be a most powerful check upon fraud if every master of a vessel concerned in one, should, on conviction, be disqualified, under competent penalties, from having at any time after the command or charge of a vessel within the United States. There are, however, objections of weight to such a provision.
Section 13. The effect of this section is to oblige the payment or securing of the duties on all the goods brought in any vessel, at the port at which she first arrives, though part of them be destined for another, either within the United States, or elsewhere. This regulation is a subject of complaint. Its inconvenience becomes the more apparent, when it is considered that all the goods intended for another port must first be landed (and certain articles measured, weighed, or gauged), and afterward reshipped. The trouble, expense, and delay of such a process are serious obstructions to trade. Balancing its commercial inconveniences with the additional security which it may afford to the revenue, the Secretary is of opinion that an alteration is advisable. It should be incumbent upon the master of the ship to make report, at the first port, of the whole cargo on board, upon oath, distinguishing the particular goods intended for each port; and also to make oath, at every subsequent port, of the particulars of the goods landed at any preceding one, and of the persons to and for whom they were delivered; producing also certificates from the proper officers, of the whole quantity of the goods originally entered, and of so much as may have been regularly landed. A power of securing, with proper fastenings, the hatches and other communications with the holds of ships; providing for accidents and necessity; and even, if judged requisite, to put an inspector on board, in going from one port to another, ought to be superadded.
No person but the owner or consignee of goods can make the entry here required. This, from the absence of parties, is sometimes inconvenient. It is the practice of countries, whose regulations are not deficient in strictness, to allow an agent of the party to make entry in his absence. And though this may widen the door for evasion, there are, nevertheless, strong arguments, derived from convenience, in its favor. Penalties, proportionably severe, may be inflicted upon fraud committed by any such agent, and the permission may be confined to the case of persons absent at the time of the arrival of the vessel in which the goods may have been brought.
The oath here directed to be taken by importers is not always in their power. There may be no invoice, nor any other accurate account of the quantity, quality, or cost of articles. A qualification in this respect is indispensable. Entries, without specifying particulars, must, of necessity, be admitted; parties swearing that they have received no account of them, and that they are unknown. An eye is had to this in the sixteenth section, but something is wanting to reconcile the two sections, and define a more accurate course of proceeding in the case.
Section 15. Inspectors are to be put on board vessels, who are to remain on board until they are discharged. This implies during the night as well as the day; which, if practised, would multiply the number of inspectors to a very expensive extent. A power of securing the hatches and other communications with the holds of vessels, during the night, would give greater security, where inspectors were kept constantly on board, and would, in many instances, obviate the necessity of doing it.
The unloading of a vessel is here limited to fifteen working days after she begins to unload. But the commencement of the business may be postponed as long as the parties interested think fit. If there should be considerable delay, either an inspector must remain on board the whole time, in which case the expense may exhaust the duty, or there must be great opportunity for fraud. It seems proper, either to fix an ultimate limit for unloading, to be computed from the time of arrival, or of the master's report; or a period, after which, the expense of an inspector shall be borne by the party. The first appears to the Secretary most advisable, and he conceives that twenty working days, after the master's report, would suffice.
Section 19. The payment or securing of the duties is here made a preliminary to their being landed. This, in a strict sense,