Chapter II: Part 2

In 1751 came the ninth and last bank, of a nominal value of £25,000 equal to £237000 old tenor. The issue of this bank was the last victory of the paper money party. For many years a strong opposition had been developing. As early as 1731 a protest against the issue of the fourth bank, signed by prominent citizens, had been sent to the king. Protests were also entered against the seventh and eighth banks, and in 1750 another petition against paper money issues signed by seventy two persons, representing the merchants of Newport, the commercial centre of the colony, was presented to the king. In 1751 parliament passed an act which, supported by the growing sentiment in favor of better financial methods, may be said to mark the downfall of the paper money policy. The principle provisions of the act were that, after September 29, 1751, bills of credit could be issued only with the consent of the home-government, and that provision must be made for calling them in within two years in the case of issues to meet current expenses, and in five years in the case of emergencies such as war. The time of the bills already out was not to be extended, and no bills issued or to be issued were to be made a legal tender. It seems best to anticipate for a moment and trace to its end the history of the issues already made. First, as to the bills issued to supply the treasury. Of those which had been called in and burnt previous to 1749, £88725 had been sunk by means of grants made by parliament to reimburse the colonies for the expenses incurred in King George's War. In 1751 £24280 more wore sunk in like manner. Between this date and 1785 £17368 were sunk from the proceeds of taxes leaving outstanding £93688. This sum was called in by a tax for the exact amount levied in 1769.

Provision for calling in the bank money by repayment of the loans had been made as we have seen in the acts of issue. The whole amount should have been repaid by 1767, but instead of this a report made to the general assembly in May 1770 shows that there was still outstanding £92615 old tenor value.

The bills continued to depreciate rapidly. In 1763 the following table was adopted as a standard for the determination of old tenor debts.

£. s. d.
In the year 1751 a Spanish milled dollar was worth 2 16 0
In the year 1752 a Spanish milled dollar was worth 3 00 0
In the year 1753 a Spanish milled dollar was worth 3 10 0
In the year 1754 a Spanish milled dollar was worth 3 15 0
In the year 1755 a Spanish milled dollar was worth 4 05 0
In the year 1756 a Spanish milled dollar was worth 5 05 0
In the year 1757 a Spanish milled dollar was worth 5 15 0
In the year 1758 a Spanish milled dollar was worth 6 00 0
In the year 1759 a Spanish milled dollar was worth 6 00 0
In the year 1760 a Spanish milled dollar was worth 6 00 0
In the year 1761 a Spanish milled dollar was worth 6 10 0
In the year 1762 a Spanish milled dollar was worth 7 00 0
In the year 1763 a Spanish milled dollar was worth 7 00 0

At the same time it was "enacted and declared, that lawful money of this colony is, and shall hereafter be silver and gold coin; and that nothing else shall be taken and understood to be lawful money of this Colony." Old tenor suffered a still further depreciation, until in the tax act of February 1769 it was ordered that it be received at the rate of $1 for £8. By act of September 1770, its circulation was forbidden after January 1, 1771. The rapid depreciation since the issues at the time of King George's War together with the return of Massachusetts to a specie currency at the end of the war seems to have been disastrous for Rhode Island commerce which was mostly with the West Indies. The disturbance was aggravated by the approaching war, and so numerous did mercantile failures become that a general insolvency act was passed in 1756.

Financial History 1751-1790.

_Financial History 1751-1775._

During the French and Indian war paper money was issued in large quantities but provision was made for its redemption in accordance with the Act of Parliament in 1751, and an earnest attempt was made to meet the obligations thus incurred.

The period from 1751 to 1775 was really a period of war financiering, for the debt incurred for war purpose was not extinguished until the beginning of the Revolution, and we shall treat it as a whole.

The sources of revenue were loans, bills of credit, treasury notes, grants made by the English government, and taxes.

_Loans._

These were usually advanced by private individuals. Unfortunately the accounts entered in the colony book by the auditing committees were not kept in such a manner as to enable us to determine with satisfactory certainty either the amounts borrowed or the times of repayment. The difficulty is the greater with regard to the latter point. So far as the books show the sums borrowed between 1751 and 1775, reduced to sterling, amounted to about £28,441, of which all but about £4,000 was borrowed during the six years 1755-1761.

_Bills of Credit._

The history of the bills issued up to the year 1751 we have already considered. It remains to describe the issues of the present war.

The first of these issues was in 1755 to meet the expenses of the Crown Point expedition. The bills were of the old tenor denomination, amounting to £240,000 equal to £13,500 sterling. They were to circulate two years without interest and then be called in and sunk. The subsequent issues were all in what were known as lawful money bills. They were issued at various times from 1756 to 1767, the total amount being £97,569 equal to £73,360 sterling. All but £6660 were issued on or before August 1762, £14,000 issued in 1756 were to run for two years and without interest. The other emissions were for five years with interest at 5%. The bills were declared equal to silver at 6s. 9d. per ounce.

_Treasury Notes._

These were interest bearing notes issued to meet the bills of credit, bonds given for money borrowed or other treasury notes as they fell due, when receipts from other sources did not suffice for redemption. The practical effect was to work an extension of the debt. As shown by the treasury reports these notes seem to have been issued for the most part between the years 1765 and 1775 and amounted to £46,549 lawful money equal £34,999 sterling. The greater part seem to have been redeemed at the outbreak of the Revolution.

_Receipts from England._

These were grants made by the English government to reimburse the colony for expenses incurred in the war. These grants made throughout the course of the war amounted to about £50,000 sterling and there was received from the English commanders in this country about £4000 or £5000 more, making in round numbers £55,000.

_Taxes._

We now come to the source of revenue which concerns us most nearly. A slight attempt to resume taxation had been made at the time of King George's war. A tax of £10,000 old tenor (£1677 sterling) had been ordered in 1744 and another of £5,000 new tenor (£2000 sterling) in 1747/8, but the paper money party was still in the ascendant and it was not until after the overthrow of that party that the policy of taxation was seriously resumed in 1754.

The following table will show the taxes levied from that date to the beginning of the Revolution, together with their sterling values at the time the tax was ordered.

(o. t. = old tenor. l. m. =
lawful money. The second
column contains the
sterling values.)

1754 £35,000. (o. t.) £2102
1755 70,000. (o. t.) 3710
1756 53,000. (o. t.) 2274
4,000. (l. m.) 3008
1757 100,000. (o. t.) 3917
150,000. (o. t.) 5875
4,000. (l. m.) 3008
1758 6,000. (l. m.) 4512
110,000. (o. t.) 4129
1759 11,000. (l. m.) 8271
1760 15,547. (l. m.) 11689
1761 16,000. (l. m.) 12030
1762 8,000. (l. m.) 6015
1763 12,000. (l. m.) 9023
1764 12,000. (l. m.) 9023
1765 12,469. (l. m.) 9375
1766 6,000. (l. m.) 4511
75,000. (o. t.) 2252
1769 6,000. (l. m.) 4511
93,688. (o. t.) 2638
1770 12,000. (l. m.) 9023
1771 £12,000. (l. m.) £9023
1772 12,000. (l. m.) 9023
1773 4,000. (l. m.) 3008
1774 4,000. (l. m.) 3008

This would give an average annual taxation for the twenty-one years of £6,950 sterling or $33,777. in our money, equal to about 70 cents per capita.

Taxation, however, varied greatly at different periods. For the eleven years 1756-1766 the average annual tax was $43,707., about $1.00 per capita; for the five years 1757-1761 it was $51,935., equal to $1.18 per capita. Taxation reached its height in 1760 and 1761 amounting to $57,637. a year and $1.28 per capita. By 1773 it had fallen off to $14,619. a year, or a trifle less than 25 cents per capita. An estimate of the rateable property in 1762 gave a valuation of £26,105,423 old tenor, equal to about $4,224,178. Using this as a basis the rate of taxation in 1760 and 1761 would have been about 1.36 per cent. on the value of rateable property. An estimate of 1769 gave a property valuation of $7,706,449. (£2111356 lawful money). The rate of taxation in 1773 and 1774 was only .19 per cent. on this valuation. The average rate for the whole period seems to have been about one half of one per cent. By far the greater part of this taxation was for war purposes. The regular expenses of colonial government do not seem to have exceeded $7300. (£2000 lawful money) per annum, which towards the end of the period would amount to not more than 12 cents per capita, or one tenth of one per cent on valuation.

The above is a general outline of the financial operations of the period. The indebtedness of the colony at any particular date is difficult to determine. A committee in 1762 estimated that there were outstanding bills to the amount of about £53231 sterling. According to a report of a like committee in 1762 the amount was about £43000. In addition, however, the colony was considerably in debt for money hired. Whatever debt there was, however, seems to have been, for the most part, extinguished in the early years of the Revolution.

Financial History of the Revolution.

With the opening of the Revolution a new debt began to roll up. £60,000 in bills of credit (lawful money) were emitted in 1775 and £80,000 in the following year. A meeting of commissioners from the New England states, in Providence, December 1776, recommended that Rhode Island issue no more bills of credit, except of fractional denominations, but depend upon loans and taxes. The State complied with the suggestion and the only other issue of bills, before 1780, was in May 1777, when £4,500 in fractional currency was emitted. These bills of credit, as well as the continental bills, were declared a legal tender. They seem to have kept their value fairly well until the beginning of the year 1777, when a rapid depreciation set in. In accordance with the recommendation of Congress they were called in by Act of May 1778, and their circulation forbidden after July first of that year. After this date continental money, probably, formed the main circulating medium, until depreciation had gone so far that in 1780 the tender laws were repealed and a return made to a gold and silver basis. Up to June, 1779, the colony seems to have borrowed £162,756. In addition there were, all through the war, issues of certificates in payment of various obligations. It is impossible even to approximate to their amount. They were in many cases made receivable for taxes and were redeemed in this way. Taxation was resumed in March 1777, and vigorously applied, but so heavy were the burdens which fell upon the State in its weakened condition that in the summer of 1780 the treasury was empty.

This led to the issue of £20,000 more in bills of credit. This was the last issue of paper money by the State during the War. A considerable portion of the debt had been redeemed by taxation. That part of the debt incurred during the paper money period, which still remained outstanding, was called in by several Acts of 1782 and scaled down to the basis of the special value at the time the obligation was incurred, for which amount the treasurer issued his notes, payable in lawful money (silver), in from three to six years, bearing interest at six per cent. The want of accurate accounts leaves us in doubt as to just what was the effect of this consolidation and reduction. A committee reporting in October 1783 places the state debt at £123,892-15-11, in addition to £19,922-2-0 of the state's proportion of the new continental emission (March 1780) outstanding.

The greater part of this latter sum, however, had never left the treasury. A report of a committee in March 1787 placed the debt at £153,047-15-7. In the mean time steps had already been taken for its extinguishment.

In the years succeeding the war the colony was in a wretched economic condition. It was exhausted by the heavy financial and other burdens, the disturbance to industry, and the loss that had resulted from a long continued and destructive occupation of the commercial centres or the state by the British, as well as by the presence of the American army which had to be clothed and fed. Trade was interrupted, a large portion of the able bodied men had entered the army, and even those who remained at home were liable to be called upon at any moment for temporary service, or to have their property taken at an appraised valuation. Services rendered to the state were paid for only by promises of constantly decreasing value. As a result of all these causes economic society was disorganized. In the midst of such conditions the state was called upon to face a heavy debt. The treasury was completely exhausted and the people seemed unwilling to submit to further taxation. The legislature again turned to paper money for relief, and in May 1786 ordered the issue of the tenth bank. The amount was £100,000 and it was to be loaned, as were the others, on double mortgage security. The rate of interest was four per cent., and repayment to be completed within fourteen years. Depreciation was immediate and rapid, but the paper money party was firmly seated in power and the legislature passed acts of the most extreme character to enforce the circulation of the bills. The ordinary legal procedure, including trial by jury, was suspended in the case of offenders against the paper money laws. These "forcing acts", as they were called, came to naught, however, as the supreme court refused to exercise jurisdiction. Balked in their effort to force the circulation of the bills, the legislature turned to the easier task of paying off the state debt in the depreciated currency. By a series of acts, ranging from December 1786 to March 1789, the holders of the state debt were ordered to bring in their claims and receive payment in the paper bills, under penalty of forfeiture of the whole amount. As a result of this threat about one half of the debt seems to have been presented and paid, the smaller holders as a rule yielding to necessity, the larger holders standing out in the hope of a more profitable adjustment. The paper money party was now nearing the end of its power. An act of October 1789 made the bills of 1786 receivable at fifteen to one for coin, and authorized those to whom the money had been loaned by the state to make repayment upon the same basis.

In May 1790 the state entered the Union, and the possibility of such schemes in the future ceased. Those who had been able to resist the attempt of the state to pay their claims in a depreciated currency now reaped the benefit of their foresight. By act of August 4, 1790 Congress provided for the assumption of $21,500,000. of state debts, of which $200,000. was allowed to Rhode Island. Seeing the injustice which would accrue to those who had been compelled to accept their payment in paper money, the assembly in June 1791 passed an act repealing the various acts which had declared null and void the securities which had not been brought in in accordance with the acts of 1786-1789. Where payments had been made on securities in paper money the treasurer was authorized to reduce the amount so paid to specie value and deduct it from the face value of the security, the remainder to be presented with other securities for subscription to the United States loan. The United States commissioner, however, refused to receive these certificates, as the law under which the assumption took place provided that only those notes and certificates which had been issued prior to January 1, 1790 would be received. Thus the whole of this assumption enured to the benefit of those who had not brought in their securities for payment, as ordered by the state. On the day following the assumption of the state debts, just referred to, Congress provided for a settlement of accounts between the United States and the individual states. The latter were to be debited with all advances made by the general government and credited with all disbursements made for "the general or particular defence during the war, and on the evidence thereof according to the principles of general equity (although such claims may not be sanctioned by the resolves of Congress, or supported by regular vouchers)." The settlement of these accounts showed Rhode Island to be a creditor of the United States to the amount of $299,611. The final settlement between the state and its creditors is shown in the report of the general treasurer in Feb. 1797. The whole amount of the debt recognized by the state was $503,594.76. $419,662.30 of this was paid by the transfer of United States stock in the possession of the state and $83,932.46 by the issue of 4% state certificates. This last formed what was known as the registered state debt. It was added to, from time to time, by the recognition of new claims for Revolutionary service and was diminished by occasional purchases by the state at a rate below the par value, but the state was always loth to recognize its full responsibility for the debt and ended by practical repudiation.

The above is an outline of the financial history of the state during the Revolution. We now turn back for a moment to obtain a more detailed idea of taxation. Perhaps this can best be done, as in the case of the French and Indian war, by means of a table. (The date given is that of the passage of the act assessing the tax. The first column contains the nominal amount of the tax as stated in said act. The second column contains the nominal amount of the tax actually assessed, certain deductions being necessary on account of the occupation of portions of the state by the enemy and for other reasons. The third column contains the same reduced to specie value, and the fourth column contains the same expressed in our present dollars. The taxes marked with a star are for continental purposes)[109].

Date. Nominal Nominal Specie Value in
value in value value dollars.
pounds. assessed. assessed.

March, 16,000 12,658 11,613 42,387.
1777.

Aug. 1777. 32,000 25,316 16,877 61,601.

Dec. 1777. 48,000 37,115 11,973 43,701.

------- --------

147,689.

Feb. 1778. 32,000 24,365 6,962 25,411.

June 1778. 32,000 24,289 6,072 22,163.

Oct. 1778. 32,000 After 6,000 21,900.

------- --------

69,474.

Feb. 1779. 60,000 June, 6,912 25,229.

x Feb. 90,000 1778, 10,369 37,847.
1779.

June 1779. 60,000 the 4,471 16,319.

x June 225,000 first 16,766 61,196.
1779.

x Dec. 120,000 and 4,628 16,892
1779.

------- --------

157,483.

x Feb. 180,000 second 5,418 19,776.
1780.

x May 1780. 180,000 columns 3,913 14,282

May 1780. 180,000 are the 3,913 14,282.

July 1780. 10,000 same. 10,000 36,500.

July 1780. 400,000 5,797 21,159

Nov. 1780. 1,000,000 13,514 49,326.

Nov. 1780. 16,000 16,000 58,400.

------- --------

213,725.

May, 1781. 20,000 20,000 73,000

May, 1781. 6,000 6,000 21,900

------- --------

94,900

x Jan. 6,000 6,000 21,900
1782.

Jan. 1782. 12,000 12,000 43,800

x Feb. 6,000 6,000 21,900
1782.

x June 12,000 12,000 43,800
1782.

------- --------

131,400.

June 1783. 20,000 20,000 73,000

------- --------

73,000.

June 1784. 20,000 20,000 73,000

------- --------

73,000

Aug. 1785. 20,000 20,000 73,000

------- --------

73,000.

------- --------

June 1786. 20,000 13,333 48,665.

------- --------

48,665

March 1787. 20,000 3,534 12,899

Sept. 1787. 30,000 5,000 18,250.

------- --------

31,149.

June 1788. 30,000 4,000 14,600

------- --------

14,600

March 1789. 20,000 1,667 6,085

------- --------

6,085.

In addition to these money taxes there were various other burdens which took the form of more or less arbitrary contributions. Enactments were early passed regulating the prices of all articles, and, in case they could not be otherwise procured, authorizing their seizure at these stated prices to meet various expenditures. It became customary, when troops were to be raised, to require each town to raise a certain number, often a cause of considerable expense, and, as the war went on and paper money and loans failed as sources of state revenue, it was common to hold each town responsible for a certain quantity of clothing or provisions. Payment of some kind was generally provided for, but, owing to the wretched financial conditions of the time, these requirements must have operated to a certain extent as a tax.

The long continued presence of the enemy necessitated in addition to the maintenance of an army as large or larger than the states proportion of the continental levies, an almost constant militia service which, though nominally paid for, must have been a severe burden and interfered seriously with industry. Again, in any attempt to estimate the burden of taxation during the Revolution, we must take into consideration not only the impositions above mentioned, which partake more or less of the character of taxation itself, but also the general condition of the colony. The British held possession of the island towns from December, 1776, to October, 1779. These towns were in great part deserted by the sympathizers with the American cause, who, having lost almost all their property, became a burden upon the rest of the state. All the towns situated upon the sea coast or upon the shore of the bay were subject to the incursions of the enemy and were kept in a constant state of alarm, while on one occasion at least arrangements were made for the evacuation of Providence. Commerce was practically destroyed and economic life apparently to a great extent disorganized, giving rise to wide spread suffering from poverty.

If we assume the population of the taxable portion of the state for the years 1777-8-9, to be 46,000, the per capita rate of taxation for the period was about $2.71 per annum, and the rate for the years 1780-1-2, on the basis of the population in 1782, was $2.80. The highest rate during the period was in 1780, when it reached $4.08. With the close of the war taxation diminished. In 1783-4-5, it was about $1.35 per capita, and after the issue of paper money in 1786, it gradually sank until in 1789, it amounted to only about 9 cents.

Estimating the rateable property in this state, exclusive of the towns in possession of the British, at $10,165,048, the rate of taxation for the three years 1777-1779, would have been 1.22 per cent per annum.

On a ratable basis if $10,903,312, the rate in the years 1780-82, was 1.34 per cent, the highest rate during the period was 1.96 per cent in 1780. On the basis of the valuation computed in 1783, the rate for the years 1783-1785, was only .6 per cent and had fallen to .05 per cent in 1789.

When we remember that this taxation was for both state and continental purposes, it does not seem excessive, judged by the figures of today. Taking into consideration however the general and special economic conditions of the period, it is safe to say that it was a heavy burden.[110] Any comparison with recent times must necessarily be unsatisfactory, for finance was an art but little developed in the United States one hundred years ago, and the burdens of the Revolution were felt much more in the shape of a constantly depreciating currency, forced seizures of property, service without recompense, unpaid debts, and general economic disturbance, than in excessive taxation.

The law of taxation since 1710.

The history of the law of taxation shows us no change of principle but only a further development of detail where experience had shown[111] existing provisions inadequate. Additional measures against foreign traders were passed. In 1738 each town was directed to choose "three discreet and prudent Persons" to assess such foreign traders according to their trade. In case of non-payment the delinquent might be distrained upon or in case there was not sufficient visible property he might be committed to jail.[112]

Considerable progress was made in developing the law of assessment. In 1744 when taxation was resumed, a law was passed which declared in detail the various kinds of rateable property and the values at which they were to be assessed. It is of so much value, both as affording a comparison with the like enactments of the earlier period and as giving an example of the acts in accordance with which colony valuations were taken, that it seems best to print it in full.[113]

"An Act ascertaining what Estate is Rateable, and for proportioning the same in Value.

Be it enacted by the General Assembly of this Colony, and by the Authority thereof, it is Enacted, That the following Estates shall be deemed Rateable in all Publick Colony Rates and Taxes, therein made and levied, and shall be included and considered in the Proportioning the same, and that in the following Manner, and according to the Specifick Value they are hereafter fixed at, viz:

All Neat Cattle of Four Years old and upwards, shall be valued at Ten Pounds per Head.

All Neat Cattle from Two Years old to Four Years old, shall be valued at Five Pounds per Head; and Neat Cattle that are under Two Years old, are not to be considered.

All Horse Kind to be rated in the like Manner, as to their Age and Value.

All Sheep and Goats of One Year old and upwards, shall be valued at Fifteen Shillings per Head; and if younger, not to be valued.

All Swine of One Year old and upwards, shall be valued at Thirty Shillings per Head; but not to be considered before.

All Slaves for Life, that are between Sixteen and Fifty Years of Age, shall be set at the Price of Eighty Pounds; those under Sixteen, or above Fifty, not to be rated.

All deck'd Vessels that are in Port, shall be set at Five Pounds per Ton; and those not deck'd, at Three Pounds per Ton.

All Trading Stock shall be set at Half the real Value thereof; to which is to be added, what Estate every Man hath, either in Money, Bonds, or other Estate that lies concealed, to be considered as other personal Estate, which the Rate makers shall have Power to require, and take an Account of as visible Estate.

All Lands, Houses, Mills, Wharffs and other real Estates, shall be valued at the Rate of Ten Years, and so considered in the Assessment.

All Males from Sixteen Years old and upwards, shall be stated at One Shilling per Head, for every Thousand Pound Rate assessed by the Colony; and in Proportion for a greater or lesser Sum: In which Assessment upon Poles, shall be included all Servants for Years, of the Age aforesaid.

And be it Enacted by the Authority aforesaid, That the Assessors in all and every Rate, levied as aforesaid, shall consider all Persons who make Profit by their Faculties, and shall rate them accordingly."[114]

In 1747 the poll tax was reduced to nine pence per one thousand pounds of tax levied. As a matter of fact the usual amount of the poll tax, as determined in the various acts ordering the assessment of taxes, was six pence per one thousand pounds.[115]

The digest of 1767,[116] defines somewhat more minutely than before the procedure to be followed by assessors. They were directed to make separate lists, first of the estates, the valuations of which had been handed in by the owners, second of the estates estimated by the assessors, and third of the number of polls.

The amount to be raised on polls was then to be deducted from the total tax and the remainder was to be apportioned among the rateable estates. Even in the case of those who made return of this property, the power of making the final estimate remained with the assessors, subject to an appeal to the next general sessions of the peace for the county. If it appeared that a true list had been handed in the tax payer might recover from the town treasury. The appeal was not to interfere with the process of collection. By act of 1769 all lands or other real estate granted or purchased for religious uses or for[117] schools were exempted from taxation.

It would appear that in the case of leased estates taxes had been assessed on the owner. This had rendered collection difficult, and in 1784 it was provided that in the future the tax should be assessed on the occupant who was to be liable in his real and personal property. If this was not sufficient the real estate occupied was liable.

By the same act assessors were required to distinguish between real and personal estate, and assign a separate column to each in their rate lists.[118]

The law in regard to collection also underwent considerable development. It was about the middle of the century that collectors began to be regularly elected as town officers.[119] A law of February 1755 provided that if a person rated in one town removed to another town without paying his rate, the collector of the town where he was rated might follow him and collect the tax.[120] The difficulty of collecting taxes on the lands of non-residents led to laws which provided that the land itself might be sold for taxes.[121] The general treasurer was first given the power to call special courts for the prosecution of delinquent collectors,[122] and later was authorized to bring actions directly against the town treasurer[123], who in return might recover from delinquent collectors and their bondsmen. In 1781 the real estate of collectors and their sureties was declared liable for the satisfaction of all judgements secured against them.[124] Warrants for collection were declared to be in force until the tax was collected.[125]. Collectors were empowered to call before them any one who they had reason to believe possessed property of any person who had been rated, but who had left the colony, and compel him to pay the tax of the absent person. In case the person summoned failed to appear and make declaration, he himself was liable to distraint for the amount of the tax.[126] Personal property seized by distraint might be removed, for sale, to any part of the colony.[127]

There were several other general laws of less importance[128] and, besides these, there were certain provisions which were re-enacted with each tax assessment. In this way the towns were required to pay all charges and fees for collection. Interest was charged against the towns in arrears. It was generally provided also that the towns might appoint new assessors for the assessment of each colonial tax, and, in some cases at least, it was customary.

Colonial and State Valuations.

The law of taxation as it appears in general acts has to do principally with questions of administration. What we might call the principle of the tax system was not as a rule embodied in the general law. It was the growth of custom and its existence was assumed in legislative acts. That the state might apportion the taxes among the towns with some degree of justice, it was necessary, however, that it should obtain information in regard to the value of the property existing within its borders. Thus, from time to time, general estimates were taken, and in the acts ordering these estimates we find a more detailed statement of the methods and principles to be followed, together with certain departures from the usual custom which reflect the various phases of economic life in the period to which they refer.

Just what was the basis of apportionment among the towns when taxation was resumed in 1744, we do not know. By act of June 1747 the assessors in each town were required to take an exact account of the rateable estate of all inhabitants on the basis of the act of 1744, and made returns to the next session of the assembly, for use in the apportionment of taxes. A similar valuation was ordered in 1754, and again in 1757. Return was generally made, but they showed only the total valuation of each town as estimated by the assessors, and the assembly made use of no means of verification or revision. Protests against apportionment were frequent. In June 1761 another act was passed for marking a general valuation of the colony. The assessors of each town with two other persons appointed by the assembly did the work. Detailed rules were laid down for their guidance. They were to take account of all "Male Polls of Sixteen years old and upwards, distinguishing such as are exempt from Rates, and of all Rateable Estates lying within said Towns, by whom occupied, and what each Person's Real Estate may rent for by the year, particularly mentioning Land," and the various kinds of structures thereon. The estimate was also to distinguish all negro, Indian, or mulatto servants for life from fourteen to forty-five years of age, the number of tons of vessels upwards of ten tons burthen, each person's whole stock in trade including vessels under ten tons, all goods, merchandize, and money owned by any person or in his hands by "factorage," all wrought plate and money at interest "which any person hath, more than he pays interest for," and all horses and other cattle. The committees were ordered to distinguish the various "Improvements of Land", and to specify in their lists the number of acres of pasture, tillage, orchards, salt marsh, and sedge, fresh meadows, and English mowing land respectively, also the stock each pasture was ordinarily capable of feeding, and what quantity of produce the land yielded on the average. Persons handing in lists of their estates might on oath declare the amount of debts which they owed and deduct the same from their personal estates. The person in possession of an estate was obliged to give an account of the same, and when no one was in possession the committee was to estimate.

The committees were empowered to administer oaths, and if any inhabitant refused to hand in an account of his estate, he was to be "doomed" by the committee and forfeit £30. A committee was appointed to receive the reports of the various town committees, to compare and revise them and thus make a general estimate.

In February, 1762, this committee reported such an estimate. It was adopted by the assembly and declared to be the basis of future apportionments among the towns. The report contained the following estimates: acres of woodland 247,685; value of woodland £4,613,778; amount of live stock £2,835,007; money and trading stock £8,455,428; rents £1,458,748; polls 8,285. On the basis of these estimates the committee reported the following standard for apportionment:

One third part of the woodland £1,537,926-0-0
Total amount of live stock and negroes 2,835,007-0-0
One half the amount of trading stock 4,227,514-0-0
Total amount of rents at twelve years purchase 17,504,976-0-0
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26,105,423.[129]

A protest on the part of the country towns signed by twenty members was immediately presented. The grounds of complaint were that the committee had reduced trading stock one half when the act for taking the estimate had already "provided for large deductions," and secondly that twelve years purchase was too high an estimate for land values. Although the estimate of 1762 had been accepted as the legal basis of apportionment, departures were made from it which gave use to more or less weighty protests. In the case of the tax assessed in October, 1765, there was a protest signed by fifteen members which declared the estimate of 1762 to be the only legal rule of apportionment, and that the present departure from it was "altogether arbitrary, unequal and oppressive to particular towns, nor founded on any real knowledge of the circumstances of the people taxes." Providence, Scituate and Cumberland refused to pay the tax. Another protest by the representatives of the same towns was made against the apportionment of the tax in the succeeding year, when the apportionment was declared to be "a high act of arbitrary power and despotism and an exercise of such authority as is utterly inconsistent with a British Constitution." The assembly proceeded against the towns and recovered judgment, but did not venture to put it into execution and finally agreed that the refractory towns should pay their portion of the last two taxes on the basis of the estimate of 1762. The result of this dispute was the general estimate of 1769. The act for taking the estimate was passed in June, 1767. A committee of five (one from each county) were directed to proceed into each town and make the valuations. The principles laid down for the guidance of the committee were much the same as those employed in 1762. Trading stock however was to be estimated at its full value, except vessels at sea and their cargoes which were to be estimated at two thirds of their real value. Negro and other slaves and improved lands were to be estimated at their full value, the value of the lands to be reckoned at twenty years rental. Houses and buildings of all kinds, including those used for manufacturing purposes, were to be estimated at fifteen years rental, horses and other farming stock at full value. Debts might be deducted from the personal estate if the "Committee shall think the same best". The committee were given power to examine on oath and to send for papers and records. If any person refused to testify or give an account of his estate, he was to be taxed two fold in the next colony rate. No colony tax was to be levied until the valuation was made and approved, when it was to be the standard for the apportionment of taxes until a new estimate was taken. A protest was entered signed by eight members asserting that twenty years purchase was an over valuation of land, while fifteen years purchase was no higher than, if indeed it was so high as, the real value of houses and buildings, and that unimproved land as it yielded no profit, should not be taxed. Land holders, it was claimed, would bear a much larger share of the public burdens than in justice they ought in proportion to the merchants and traders.

The report of the committee as at first presented was subjected to careful re-examination and correction. The final result was reported and accepted in February, 1769, and the estimate was declared to be "the Law and Rule for future Taxation." The estimate as adopted contained the following items:

Acres of woodland 241,685-3/4
Value of woodland £236,946-5-6
Rent at 20 and 15 years 1,356,830-16
Sum total of ratables of each town 517,578-9-1
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Total 2,111,356-0-7
Polls 8,952.

Protests against apportionments under the estimate were few. From October, 1774, to March, 1777, no tax was levied. When it was found necessary to resume taxation a committee was appointed to consider the changes which had occurred in each town since 1769, and agree upon a new basis of apportionment. The committee completed its work in one day, and made a report containing an estimate which was accepted as a temporary standard. The total valuation of the new estimate was only a few pounds greater than that of eight years before. The island towns, then in possession of the enemy, were relieved at the expense of the main land, the most important change being the removal of £100,000 from the valuation of Newport and the placing of it on Providence, increasing the valuation of the latter town by nearly eighty per cent. Providence, in its desire to further the resumption of taxation, accepted this large addition, but only on condition that it should not become a precedent. The General Assembly however showed no desire to take a new estimate and continued to apportion taxes in accordance with the estimate of March, 1777.

Providence, beginning to feel the burdens of the war in the stoppage of its commerce and the demands of military service, protested and refused to pay its tax as it had done ten years before. The assembly reduced the valuation of Providence first by £25,000, then by £50,000, and in October, 1778, passed an act for taking a new estimate. As in 1769, a committee of five was appointed and was directed to proceed into each town and take account of ratable estates and all male polls of twenty-one years and upwards, except ministers of the gospel and officers and soldiers in the army and naval service. The principles on which the estimate was to be taken varied but little from those laid down for the estimate of 1769. All the property enumerated was to be appraised at its full value, "whether the said rateable Property be removed without the limits of the state of not." The committee as before were empowered, if they thought best, to deduct debts from personal estate. No report was made until July, 1780. The committee had visited each town "and with great care, and as much precision as possible, have endeavored to obtain an exact account of the real value of this state." The report was accepted and the estimate declared to be the legal basis of apportionment. The total valuation was £2,778,145-10-0. In September several towns complained that the estimate was erroneous, and a committee was appointed to revise it. This committee reported in November having increased the total valuation about £10,000, and made considerable alterations in the relative portions of the towns. This report was submitted to still another revision, the final report however being presented at the same session. The total remained unchanged and the changes made in proportions assigned to the towns were, for the most part, not important. This last report gives merely the total valuations of the towns, but the earlier report of the November session comprises the following headings:

Number of acres 518,112-3/4
Price per acre £2-5s. to £70-10s-6d.
Value of real estate 2,788,145-10s.

In none of these estimates were the island towns included. A valuation of these towns, in accordance with the act of 1778, was ordered in June, 1783, and completed in October of the same year. It showed a total of £502,227-5-0 which, added to the valuation of the mainland towns in 1780, gave a total valuation for the state of £3,290,372-15-0. This was the last general estimate made before the adoption of the constitution of the United States.

The first point which we notice in these valuations is the prominent part played by the poll tax. On the basis of the estimate of 1762, and a poll tax of six pence per one thousand pounds, the poll tax supplied 20.7 per cent of all receipts from taxes. In 1769, the proportion was 22.2 per cent. This proportion increased of course with the growth of population, and by 1774, must have amounted to 24 per cent, but the diminution of the taxable population during the war brought it down again to 22 per cent in 1780. As to the proportions in which personal and real estate entered into the valuation, personal estate formed about one third of the total in 1762, and about one fourth in 1769, while, owing to the destruction of personal property during the war, it had sunk to about one-eighth in 1780. In all these estimates there is a tendency to favor personalty, as represented in the growing commercial interests, at the expense of the proprietors of land. In 1762, money and trading stock was valued at only one half of its true value, and in 1769, land was valued at twenty years rental which must certainly have been a high valuation.

A comparison of the proportions in which the various towns contributed to the various taxes is instructive. The figures following refer to the estimate of 1769. The whole number of towns was twenty-eight. Eleven towns paid a larger proportion of the total property tax than of the total poll tax, showing they contained more than their proportionate share of wealth. As a whole they comprised the territory which borders on Narragansett Bay, and which had been long settled. Together they contained 40.32 per cent of the rateable polls, and 56.10 per cent of the property in the colony. The most important towns among them were Newport, which contained 12.44 per cent of the polls, and 15.6 per cent of the property; Providence which contained 5.06 per cent of the polls and 5.94 per cent of the property, and South Kingstown which contained 4.78 per cent of the polls and 9.3 per cent of the property. As a rule these were also the towns which contained the largest proportions of personal property.

Of the property valued in Newport 47.4 per cent was personal, in Providence 51 per cent. Newport contained 30 per cent of all the personal property in the colony, Providence 12.4 per cent (i.e. the two commercial towns with 17.5 per cent of the polls contained 42.4 per cent of the personal property) and South Kingstown 6.2 per cent. Eleven towns out of the twenty-eight contained 77 per cent of the personalty. These same towns contained 49.5 per cent of the polls.

The gain in valuation from £2,111,295-10-7 to £3,290,372-15, between 1769 and 1780-1783, was entirely on real estate, the personal property valuation remaining practically stationary, owing to the destruction caused by the war.

There is a falling off in the share of taxes paid by the commercial towns in proportion to their population. In 1782, Providence contained 8.23 per cent of the population, but it paid only 6.98 per cent of the taxes. Newport's per centage of population had fallen to 10.56 per cent and the per centage of taxes to 7.81. On the other hand, the country towns had gained proportionately. Taking Providence county, exclusive of the town of Providence, we find that in 1769, it contained 26.64 per cent of the polls and 19.2 per cent of the property, in 1782 it contained 25.27 per cent of the population and 27 per cent of the property. There was but little change in the relative positions of the other counties, Kings County made a slight gain, and the other counties suffered a slight loss, with the exception of Newport County. Here the loss of the Island towns was great. In 1769, they contained 19.09 per cent of the polls and 26.7 per cent of the property while in 1783 they had but about 16 per cent of the population and 15.2 per cent of the property.

Customs and Excise Duties.

Among the acts of the first assembly under the Patent in 1647, occurs the following:

"It is ordered that the Dutch, French or other alliants, or any Englishman inhabitating among them, shall pay the like customs and duties, as we do among them for all such goods as shall be imported for the English, except beaver."

This act was probably of little practical importance as the trade of the colony during the seventeenth century was very small. In 1655, an excise duty of five shillings was imposed on every anchor of liquors and quarter cask of wine, and three years later a like customs duty was added. The revenue from both taxes at first went to the towns, but in 1674 it was transferred to the colony, as "the whole excise seems almost all lost by neglect." The collection of the tax was to be farmed out. Whether the tax was more productive than under town government we do not know. It was repealed in 1686. Both customs and excise duties were introduced by Andros, but disappeared with his government. In 1696, however, the customs duties on liquors was reimposed by the colony, and molasses was added to the list.[130] In 1707 slaves were added to the dutiable articles, at £3 per head. About twenty or thirty were annually imported from the Barbadoes, and their value was from £30 to £40 a piece. The income from this source must have been of considerable importance at the period. In 1715 the revenue from this tax in the naval officers' hands was £289-17-3. In the same year the law was amended so as to cover negroes brought in from the neighboring colonies. The act seems to have remained in force until May, 1732, when it was repealed under instructions from the English government. There seems to have been no further imposition of customs or excise duties on the part of the colony until the period of the Revolution. The state, as we have seen, was left in an exhausted condition at the close of the war. The people were unwilling to continue the payment of taxes and were behind on those already levied. The annual interest on the debt was considerable.

A committee, appointed to devise means for supplying the treasury, reported November, 1782, recommending the imposition of customs and excise taxes. In February of the following year, an act was passed in accordance with this recommendation to take effect on the tenth of April following. Both customs and excise duties were imposed. Collectors do not seem to been appointed until May, and in June the act was repealed so that it was of little practical importance. At the same session, however, its place was supplied by an act laying a duty of two per cent ad valorem "on the Value, and at the Time and place of landing of all Goods which shall be imported into this State being of the Growth or Manufacture of any foreign State," the revenue, as before, to be devoted to the payment of interest on the public debt. The act was to take effect on July 1.

The law was enforced with severe penalties. No imported goods were to be landed without permit obtained, on penalty of forfeiture of vessel and cargo. No dutiable goods imported by land could be removed from the town into which they were imported, or sold or consumed in that town without a permit from the collector of impost, under penalty of forfeiture or a fine equal to the value of the goods. In June, 1784, the duty was raised to two and one half per cent. It was at this period that manufacturing industries began to take root in Rhode Island, and, as a natural result, we find evidence of the growth of the protective principle in tariff legislation.

In February of the following year a committee was appointed "to draught an act laying an additional duty upon hats, shoes, boots and such other articles of foreign manufacture as may be manufactured within this State." In May an act was passed discriminating against British vessels. It provided for an additional duty of 7 1/2 per cent on goods imported in any vessel owned in whole or in part by British subjects.

The result of the work of the committee appointed in February is seen in an act of June, 1785, entitled 'An Act for laying additional Duties on certain enumerated Articles, and for encouraging the Manufactory thereof within this State, and the United States of America." The act is quite extensive including the following articles:

25 %

Ready made garments, canes, brush handles, warming pan handles, mop sticks, tailors' press and notch boards, house bells, toys.

20 %

Scythes, hoes, leather goods.

12 %

Paper, blank books, pewter ware, tin ware.

10 %

Tools for the use of block makers, chaise makers, tanners, curriers, caulkers, shoe makers and husbandmen, (sickles, plane irons and saws excepted) muffs, tippets, ermine, candles, soap, manufactured tobacco, goldsmiths, silversmiths and jewellers ware. Instrument and cabinet makers work, frame chairs, porter, beer.

5 %

Cordage, twine.

Special Duties.

Axes and adzes (per doz.) 6s.-20s.

Cards (per doz. boxes) 12s.

Women's shoes (per pair) 1s. 1s. 6d.

Cheese 3d. per lb.

Wrought gold 6s. per ounce.

Clocks and gold watches 18s.

Carriages £ 3, 15s. - £ 15.

Loaf sugar (3d. per lb.)

Hats 1s. - 6d. - 3s.

Iron hollow ware 3s. per cwt.

Dressed and tanned leather 3d. per lb.