The collection of customs on the North American continent was first

made by the Dutch in 1651 when the governor ordered that all imports

from foreign countries entering the harbor at New York should pay a

duty. The method of collecting was later outlined in a document which

reads as follows:

Instructions for Mr. Cornelius Van Ruyven, collector of the

customes in ye City of New York, by order of Colonell Francis

Lovelace, governour, May 24, 1668.

You or your clerk are to be daily at ye Custome House from nyne

untill twelve at noone. There to receive ye customes both in and

out, as the Merchants shall come and enter, ye Merchant is to

make foure Bills and sign them with his hand, writing his name on

them, and ye same time, when you have signed ye Warrant, or one of

ye Bills, you are to demand ye Custome, either in kinde at 10 P

Cent inwards or double ye vallue of its first Cost in Holland, in

Beaver. And likewise outwards for Peltry you are to receive 10½ P

Cent according to ye vallue in Beaver, for Tobacco one half penny

for Per pound which is noe more than all Englishmen doe pay. xxx

You to tell ye Merchante you are not to give credit. xxx If they do

not like your propositions, you are not to pass their Bills. xxx

And Lastly pray lett ye Books be kept all in English and all

Factoryes and Papers, that when I have occasion to satisfy myself I

may better understand them.

When the city came under British rule in 1664, the system of tariffs

set up by the Dutch was continued. Almost one hundred years before

the Boston Tea Party and the beginning of the Revolution, there was

an uprising in New York against the British collection of customs.

Religion played a role in this rebellion, which was touched off when

England’s Catholic King James II was succeeded by the Protestant

William of Orange and his wife Mary.

When the news of King James’ overthrow reached New York, a Captain

Jacob Leisler, who had lived in New York for about thirty years and

was a deacon in the Reformed Dutch Church, decided that he would

not pay customs duties to a king’s representative who was himself a

Catholic. Leisler was in the business of importing liquors and other

merchandise into New York. One of his vessels came into the harbor on

April 29, 1689, loaded with wine from Europe. Leisler refused to pay

the $100 customs duties. He argued that the collector, named Plowman,

was a Catholic and was not qualified to receive the customs under the

new Protestant regime in Britain. Leister’s stand threw the city and

military officials into a dither. There was a hastily called meeting of

the counsellors, alderman and military officials in the city to discuss

this development. The majority ruling was that the system of collecting

duties would continue as it had in the past until other orders were

received from William of Orange.

Leisler would have no part of this ruling. He told the assembly he

would not pay the tax and he stalked out of the meeting room to

discover he was not alone in his opposition to the customs duties.

Other merchants saw an opportunity in this situation and joined his

side. The result was that Captain Leisler and his friends organized an

uprising against Lieutenant Governor Nicholson.

Leisler reached such a position of power that he drove out those in

charge of the Customs service and appointed his own man, Peter DeLansy,

as a collector. The British finally hanged Captain Leisler for his role

in this revolt and in April, 1696, appointed the Earl of Bellomont as

Governor General over New York and New England.

The Earl was not a man to brook any nonsense such as the nonpayment of

customs to the royal treasury. He restricted the Colonies’ trade with

New York and Albany and forbade the shipment of merchandise up the

Hudson River unless duties were paid at New York.

The collectors appointed by the Earl of Bellomont had a rather

difficult time of it. The merchants of New York were, to be charitable,

unreliable when it came to the payment of customs duties. In fact,

smuggling was a popular practice. In one instance a cargo of

merchandise from the East Indies was ordered seized but the officers

who went to make the seizure simply disappeared. Then it was learned

that the sheriff himself was hiding the merchandise in his own home.

From the viewpoint of King George III’s counsellors, the actions of the

Americans in smuggling and otherwise evading the payment of the customs

duties were no less than thievery from the treasury of Great Britain.

Such nonsense had to be stopped. And so it was that, after Canada came

under British control in 1763, the British adopted a tougher policy

toward the Colonies. In 1764 the Parliament passed the Sugar Act, which

called for the payment of duties on lumber, food stuffs, molasses and

rum brought into the Colonies. This in itself was enough to enrage the

American merchants, but then the Sugar Act was followed by the Stamp

Act in the same year. This act required revenue stamps to be purchased

on all imports. The receipts were to be used to help defer the cost of

British troops stationed in the Colonies. In short, the Americans were

to pay to have British troops quartered in their towns and cities. When

news of the passage of the Stamp Act reached New York, more than 200

merchants gathered for a protest meeting at Burn’s Tavern. They signed

an agreement not to import goods from England.

Judge Robert R. Livingston wrote at the time: “England will suffer

more by it in one year than the Stamp Act, or any other, could ever

recompense. Merchants have resolved to send for no more British

manufactures, shopkeepers will buy none, gentlemen will wear none; our

own are encouraged, all pride in dress seems to be laid aside, and he

that does not appear in homespun, or at least a turned coat, is looked

upon with an evil eye.”

The U.S. Customs Service came into being on July 31, 1789, in a time of

crisis. It was an organization put together by Congress and President

George Washington to save the struggling young central government from

financial collapse through the collection of duties on imports.

The formation of Customs thus became the first step to be taken by the

original thirteen states toward a practical, working partnership after

the adoption of the Constitution. For in agreeing to a uniform tariff,

to be collected by the central government through its Customs Service,

the states voluntarily gave up an important state’s right which each

had guarded jealously--the right to collect and retain its own customs

duties.

For this reason, August 5, 1789, is an important though little-known

date in history. On this day Captain James Weeks sailed his

brigantine, _Persis_, into New York Harbor with a miscellaneous cargo

of merchandise from Leghorn, Italy. The cargo was assigned to Mr.

William Seton, who paid the Collector of Customs a total of $774.71 in

duties--the first payment of duties destined for the Treasury of the

United States.

Captain Weeks’ payment was a modest one, but at least it was a prop

under the financially shaky young government. And for the next 124

years--until the income tax amendment to the Constitution was adopted

in 1913--the Federal government’s primary source of revenue was to be

the money collected by Customs on merchandise and materials brought

into the United States from abroad.

Until they were bound together by the Constitution, the thirteen states

were not a nation. They had fought for more than six years for freedom

from political, economic and military domination. They had struggled

through incredible hardships, physical and financial. They had won

their victory. But they were not a nation.

Throughout the struggle, they were linked together in a loose

confederation in which each state was entirely independent of the

others. The move toward confederation came on September 5, 1774, when

state delegates gathered in Philadelphia to organize the congress

known as the Continental Congress. Each state was represented by one

delegate, and each delegate had one vote. Peyton Randolph of Virginia

was elected president of the Congress--and it is to be noted that he

was not referred to officially or unofficially as the President of the

United States.

The members of this Congress hammered out the Declaration of

Independence and signed it on July 4, 1776. But not until two years

later were the Colonies joined together by a formal agreement, the

Articles of Confederation and Perpetual Union Between the States. In

these Articles the Colonies called themselves the United States of

America, but they remained a union of independent states. Having gone

to war to free themselves from a strong central government with an

autocratic ruler, the Colonies distrusted centralized authority and

each was jealous of its sovereignty.

The result was that the central government was reduced to the status of

a pleader for money. It had no power to levy taxes directly. It could

only appeal to the states to contribute to the expenses of the central

government in proportion to the assessed value of their land. As a

matter of fact, whenever the central government did ask the states for

funds, as likely as not the states simply ignored the request.

In 1781, during the final months of the exhausting revolution and while

the outcome still was in doubt, the central government was in need of

$9 million for operating expenses. The Congress thought it possible to

raise this amount by borrowing $4 million and then asking the states to

contribute the additional $5 million. But the states responded to the

urgent appeal with only $442,000. North and South Carolina, Georgia and

Delaware contributed nothing. At times it seemed that if the British

didn’t defeat the Revolution, an empty treasury would.

During and after the American Revolution, the tariff situation was an

unholy mess. Each state had its own tariff laws, with the exception of

New Jersey, which had none. The states often set up tariff barriers

against each other, sometimes for protection and sometimes for

reprisal. The dickering amongst them was continual and the maneuvering

for advantage fierce.

On one occasion, New York, Connecticut and New Jersey plunged into a

three-way fight that to later generations might seem little more than

hilarious comedy--but there was nothing comic about it at the time for

those involved. It began when the New York legislature reached the

conclusion that the Connecticut Yankees and the New Jerseyites were

taking too many dollars out of New York City, and giving too little in

return.

It was true that Connecticut merchants supplied most of New York’s

firewood, for a tidy profit. And the farmers of New Jersey were sending

boatloads of chickens, eggs, vegetables and fruit across the river,

selling them, and taking back dollars. The imports from Connecticut

and New Jersey were running ahead of the exports to these two states

by too great a margin--or so the gentlemen in the New York legislature

figured. The legislature passed a tariff law which imposed a tax on

every stick of Connecticut wood and each New Jersey egg, chicken, duck,

goose and cabbage brought into the city. The chicken peddlers from New

Jersey had to get clearance papers and pay taxes on each pullet or

hen, each basket of eggs and each head of cabbage. Stovewood had to be

measured and counted at the Customs House and taxes paid on the spot.

Naturally this state of affairs irked the New Jersey folk, whose

legislature promptly looked around for a means of retaliation and, in

so doing, spotted the City of New York’s lighthouse standing on Sandy

Hook. It was solemnly agreed by a majority that this lighthouse should

not stand out there flashing an untaxed warning to ships headed for the

New York Harbor. And so the legislature voted to place an $1,800-a-year

tax on the lighthouse.

In Connecticut, the merchants were no less aroused than the farmers

of New Jersey. It was agreed that a boycott of New York products

was justified. Whereupon the merchants formed themselves into an

association dedicated to the proposition that no loyal Connecticut

merchant would either buy or sell anything in the City of New York.

Any member who violated the agreement was subject to a fine.

Again, the British in 1783 decided that only British vessels would be

permitted to handle cargoes in the West Indian trade. This proclamation

so enraged New Yorkers that they retaliated by laying a double duty on

all cargoes arriving in British vessels. New Hampshire, Rhode Island

and Massachusetts were equally incensed--and declared that no cargoes

could leave their harbors if carried in a British ship.

But these tremors of righteous outrage did not stir the Connecticut

Yankees. They saw the situation as holding the promise of fat profits.

The ships of Great Britain were invited to use Connecticut ports, duty

free. And then Connecticut further enraged its neighbors by imposing a

tariff on goods coming into the state from Massachusetts.

Virginia and Maryland also were having their troubles. Virginia owned

the lighthouses on both sides of the Chesapeake Bay entrance and

demanded fees from every vessel entering the bay. Maryland, on the

other hand, claimed the entire width of the Potomac River, citing old

land charters to the effect that even if a vessel were tied to the

Virginia shore, it still was in Maryland waters.

Connecticut, on the basis of a royal charter of 1662, laid claim to

the Wyoming Valley, which Pennsylvania regarded as her own. The two

states were on the verge of open war before cool heads prevailed and

Pennsylvania’s claim was recognized as the more valid.

With such discord between the states, even in time of war, the winning

of the Revolution and the survival of the Union approached the

miraculous.

Merchants in Philadelphia and then in Boston decided to follow the lead

of the New York merchants. Orders went out to English shippers not to

ship more goods to America as long as the Stamp Act was in effect.

In this tempest the seeds of revolution were broadcast, and it was a

tempest that would not subside until the Colonies had won their freedom

from Great Britain.

Despite the jealousies and the conflicts between the Colonies during

and after the war, the people realized that only in unity could there

be any real hope for survival. This realization moved leaders among

the thirteen states to call the Constitutional Convention of 1787. And

here it was they hammered out the Constitution which was to become the

foundation for the United States of America and a blueprint for freedom.

The Convention met in New York City on May 14, 1787. The delegates

chose George Washington as presiding officer of the Convention. The

document produced at this convention by no means won the unanimous

approval of the representatives from the various states. There were

disagreements and reservations to the Constitution. A total of

sixty-five qualified delegates were certified by the states to attend

the Convention but ten of these did not attend. When the document

was completed there were only thirty-nine who actually signed on

September 17, 1787. Sixteen failed to sign, and some of those who did

sign had reservations. This document was sent by George Washington to

Congress, and Congress sent it to the various legislatures for their

consideration.

The greatest fear at the time was that a central government would

become too powerful. Having thrown off the yoke of one oppressive

government, the Colonies wanted no part of another.

Washington reflected these fears when he sent the newly drafted

Constitution to Congress. He was sensitive to the fact that the states

would have to surrender some rights if they hoped to have an effective

central government. In a letter to the president of the Congress, dated

September 17, 1787, he said in part:

... It is obviously impractical in the Federal government of these

States to secure all rights of independent sovereignty to each,

and yet provide for the interest and safety of all. Individuals

entering into society must give up a share of liberty to preserve

the rest....

The Constitution went into effect on March 4, 1789, and Congress acted

with remarkable swiftness on measures which would insure the financial

stability of the young government. On April 8, 1789, James Madison

arose in the House of Representatives and said:

I take the liberty, Mr. Chairman, at this early state of the

business, to introduce to the committee a subject which appears to

me to be of the greatest magnitude; a subject, sir, that requires

our first attention, and our united exertions....

The deficiency in our treasury has been too notorious to make it

necessary for me to animadvert upon that subject. Let us content

ourselves with endeavoring to remedy the evil. To do this a

national revenue must be obtained; but the system must be such a

one, that, while it secures the object of revenue, it shall not

be oppressive to our constitutents. Happy it is for us that such

a system is within our powers; for I apprehend that both these

objects may be obtained from an impost on objects imported to the

United States.

After some discussion Madison proposed a resolution to impose a flat

fixed duty on rum, liquors, wines, molasses, tea, pepper, sugar, coffee

and cocoa, with a percentage tax on all other imported articles, the

tax to be based on the value of the imports at their time and place

of importation. The resolution also recommended a tonnage tax on all

vessels doing business at American ports.

Madison’s resolution touched off a fight between those who favored

free trade and those who favored heavy duties to protect the interests

of their particular region. There were those who wanted a heavy

tonnage tax on vessels so that the American shippers would be given

an advantage over foreign vessels. There were those who wanted to

protect industries in their own states from the European competition.

Congressmen from the agricultural states leaned heavily toward free

trade.

Thomas Fitzsimons of Pennsylvania came forward with an amendment to

the Madison resolution in which he asked that the duties be placed not

only on the imports suggested by Madison but also on beer, ale, porter,

beef, pork, butter, candles, cheese, soap, cider, boots, steel, cables,

cordage, twine, malt, nails, spikes, tacks, salt, tobacco, snuff,

blank books, writing, printing and wrapping paper, pasteboard and

cabinet ware, buttons, saddles, gloves, hats, millinery, castings of

iron, leather, shoes, slippers, coaches, chariots, carriages, nutmeg,

cinnamon, cloves, raisins, figs, currants, and almonds.

Madison argued that his proposal was only a temporary one and that

as far as possible the trade should be free. He said, “If my general

principle is a good one, the term commerce ought to be free, and labor

and industry left at large to find its proper object, the only thing

which remains will be to discover the exceptions which did not come

within the rule that I have laid down....”

It was Madison’s belief that the cheapness of land in the United

States, compared with the cost of land in other nations, gave this

country a great advantage in agricultural trade. He said that so far as

manufacturing was concerned, “Other countries may and do rival us.” But

then he added, “We may be said to have a monopoly in agriculture; the

possession of the soil, and the lowness of its price, give us as much a

monopoly in this case, as any other nation or other parts of the world

have in the monopoly in any article whatever; but with this advantage

to us, that it cannot be shared nor injured by rivalship.”

Nevertheless, while favoring free trade, Madison conceded that if

America did leave her ports entirely free then the country would

suffer. He said, “If America was to leave her ports perfectly free, and

make no discrimination between vessels owned by her citizens and those

owned by foreigners, while other nations make this discrimination,

it is obvious that such policy would go to exclude American shipping

altogether from foreign ports, and she would be materially affected in

one of the most important interests.”

Despite sharp and often bitter differences, the young Congress was

aware that sectional interests were secondary to the absolute necessity

for action in collecting revenue. Within a short time it had put

together the first Tariff Act. It was titled “An Act for laying a duty

on goods, wares and merchandise imported into the United States.” And

on July 4, the thirteenth anniversary of the signing of the Declaration

of Independence, President Washington signed into law the act which was

the second to be passed by the Congress.

Then Congress quickly set up the machinery for the collection of the

tariff. This was done in the Fifth Act, “To regulate the collection

of the duties....” The bill was sent to President Washington for his

signature on July 31, which fell on Friday. On the following Monday the

President sent to the Senate a list of about one hundred appointments

to Customs offices. The Senate advised and consented to about half this

list but on the following day gave the President an unexpected jolt.

The Senate, without warning, refused to consent to the appointment of

Colonel Benjamin Fishbourn to be Naval Officer (auditor) at the Port

of Savannah. Fishbourn had served with distinction in Washington’s

command during the Revolution and apparently had a spotless reputation

in civilian life.

Washington did not make a fight over Fishbourn’s rejection even though

the Senate action no doubt seemed to him to be a petty and totally

unwarranted assertion of veto power. He did send a message to the

Senate which called to mind later clashes between Chief Executives and

Congress, pointing out that at least the Senate might have done him the

courtesy of inquiring into his reasons for appointing Fishbourn.

Perhaps under different circumstances Washington would not have

been so mild in his reaction to the Senate veto. But the need to

establish an organization for collecting revenue was imperative, and

Washington perhaps felt this was no time for a fight over executive

and legislative prerogatives. The most pressing need was unity in the

government.

And so was the Customs Service created to help bring financial

stability to the nation at a critical time. Despite all the trials and

difficulties, the Customs Service collected more than $2 million for

the Treasury in its first year of operation.

3

A PRESIDENT IS BAMBOOZLED

There was little cause for gaiety in any part of the nation in the

summer of 1808. Gloom hung over the country and particularly over

Washington, where even the new capital building had not been completed

and the problems of getting the young government firmly established

sometimes seemed insurmountable.

The reason for the gloom was the worsening relations between the United

States and Great Britain and the threat of American involvement in the

brawling affairs of Europe, where the British were at war with the

French.

In a desperate move to avoid being drawn into the conflict, President

Thomas Jefferson had called the previous year for an embargo on all

overseas shipping. He felt such drastic action necessary because

British warships had been seizing American vessels headed for France.

Even worse, the British had been forcing American sailors from the

ships on the high seas and impressing them into British naval service

by the hundreds.

Under these circumstances, Jefferson decided it would be better to

withdraw American shipping from the seas and deny American supplies to

the combatants, rather than risk plunging the nation into another war.

His proposed embargo had been fought over bitterly in Congress. But in

December, 1807, the Embargo Act had been passed and shipping had come

to a halt. Even trade with Canada would be stopped with the enforcement

of a land embargo--except for the commerce carried on by smugglers

defying Federal Customs officers.

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