[437]
neither of the two States had yet called their second convention, Congress saw that they were then compelled to take action, and the law of the 31st July was the result of that action.
And now, mark you, how tenderly and in what a conciliatory spirit Congress treated the two recusant sisters in that act while being under the necessity of legislating towards each of them as towards any other foreign country.
Congress well knew, in fact they virtually say so in the act, that unless something were done at once, the General Revenue Act of July 4th, would begin at once, i. e. on 1st August, to take effect on the products and manufactures of the two States when imported into the United States, for that act excepted no country that was outside of the American Union of that date.
The second paragraph of the 38th section of the act of 31st July declares that North Carolina and Rhode Island were then outside of the Union, when it says, “this act doth not extend to the collecting of duties within either of the said two States,” and it gives the reason why, viz: because they “have not as yet ratified the present Constitution.”
Being unwilling, as yet,1 to permit the act of July 4th to operate on the products and home manufactures of North Carolina and Rhode Island when imported into the United States, but at the same time knowing that if all goods imported into the United States from those two States were to be exempted from duties, the certain result would be that no revenue could be collected in any of the ports of the United States, for all goods from Europe or Asia designed ultimately for the United States would be sure, for obvious reasons, to be sent first to North Carolina and Rhode Island.
Congress in order to exhibit at one and the same time its conciliatory spirit towards the two States, and to gather also the entire duties from imported European and Asiatic goods, whether coming or not into the United States, through North Carolina and Rhode Island, very neatly effected both objects by the 39th section of the act of July 31st, in the words following:
section 39.--Be it therefore further enacted; That all goods, wares and merchandize, not of their own growth or manufacture, which shall be imported from either of the said two States of Rhode Island and
