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Portsmouth, Rockingham County, New Hampshire
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Proceedings of the New Hampshire state legislature from December 26, 1788, to January 2, 1789, including committees on the governor's message, debates and votes on a new tax proportion (passed with specifics on polls, livestock, land, etc., despite Senate non-concurrence), treasurer's salary and accounts, counting votes for U.S. House representatives (no majority), election of Paine Wingate as U.S. Senator by majority vote, and a non-concurred resolution on oaths.
Merged-components note: These form a single coherent article reporting on the state legislature proceedings over multiple days.
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His Excellency's message having been read, it was voted,--That Mr. Nathaniel Peabody, Mr. Hale, Mr. William Page, Mr. Duncan, and Mr. Emerson, with such of the hon. Senate as they may join, be a committee to take under consideration his Excellency's message, and report what business is necessary to be done.
[The remainder of this day was taken up in hearing petitions, &c.]
FRIDAY, December 26.
On motion, it was voted, that this House join in conference with the hon. Senate, to take under consideration the several returns, for a new proportion of taxes, in this state.
Both branches being met in the Representatives chamber, the Senate and House proceeded to examine the several returns of invoices from the towns and places in this state. The Senate then withdrew.
It was then voted, That Mr. N. Peabody, Mr. Rogers, Mr. Hoit, Mr. Sullivan, Mr. Darling, Mr. Emerson, Mr. Page, Mr. Frink, Mr. Freeman, and Mr. Young, with such of the hon. Senate as they may join, be a committee to cast the amount of the inventories returned from the several towns and places in this state, agreeably to the several articles mentioned in a schedule, and make their remarks where there appears any visible mistake, and lay the same before this House.
The House took into consideration --" an act for establishing an equitable method of rates and taxes," &c.
[On this subject a variety of debates ensued.]
On motion made, that the polls be estimated, in future, at eight shillings per poll, a considerable debate ensued, and the yeas and nays being called, stood as follows: Yeas 26---Nays 44--so it passed in the negative.
The following vote was then introduced:--Voted, That the polls, in the new proportion be estimated at ten shillings; (male and female servants excepted) horses and oxen, four years old and upwards, at three shillings each; cows, four years old and upward, two shillings each; cattle and horses, three years old and upward, one shilling and six pence each; cattle and horses two years old and upward, one shilling each; cattle and horses one year old and upward, six pence each: orchard, one shilling and six pence per acre, accounting so much as will produce, one year with another, ten barrels of cyder or perry, one acre; arable land one shilling per acre, accounting so much land as will produce twenty-five bushels of Indian corn, or other grain equivalent, one acre; mowing land, one shilling per acre, accounting so much land as will produce, one year with another, one ton of English hay, or other hay equivalent; pasture land, five pence per acre, accounting so much land as will summer a cow to be four acres: all mills and wharves to be estimated at one twelfth part of their net yearly income, all ferrys shall be estimated at one-twelfth part of their net yearly income.
Voted, That all other buildings, and the improved lands, owned by the inhabitants, and the buildings of non-residents be taxed at the rate of one half per cent. according to the real value thereof; all stock, whether it be money at hand or at interest, more than the owner gives interest for, (except what is due on public securities) shall be estimated at the rate of one per cent.
[On this last clause the yeas and nays were called, when there appeared, for the clause, as it stood, yeas 55--nays 17, so it passed in the affirmative]--All unimproved land owned by non-residents, to be estimated at the rate of one per cent. according to the real value thereof; and that a bill be brought in for the foregoing purpose.--[While the subject of taxation was under consideration, a variety of debates ensued upon the propriety, as well as impropriety, of the rates affixed to several articles in the valuation: among others, stock in trade, wharves, &c. were noticed.
It was considered, by some, a great grievance, to lay a restraint upon our commerce (or upon the mercantile interest) as the tax of one per cent. upon all stock in trade would in effect do.-- It was also observed, that wharves were continually wanting repairs, and the expenses attendant on keeping them in proper repairs was more than commensurable with the profits arising from them.--It was likewise observed, in answer to observations made by some, that money holders took great advantages, in demanding exorbitant interest; that the owners, or letters of cows, were guilty of the same selfish conduct; that the man who let his cows at twenty shillings per head per ann. was as reprehensible as the man who let his money at thirty-three and one third per cent. per ann. It was here noticed, that persons who let their cows in this way, were but few in number; and that those who did, ran all the risque of accidents. or of the cows dying, in which case they lost the whole. It was again observed, by a parity of argument, that the observation last mentioned equally applied so money lenders, and that they made themselves liable to a forfeiture of the whole. A great variety of other observations, were made upon the subject, which our memory cannot contain.
The vote apportioning the rate of taxes upon polls, real estate, &c. was sent up to the hon. Senate for concurrence, but was sent down non-concurred: It appeared to be the wish of that honorable board, that rate of taxation should remain the same as it was by the last valuation, expunging the articles, slaves and faculty, that stock in trade should continue the same, viz. one half per cent.- The House however, persisted in adhering to their vote.
A committee was then appointed to consider of a letter, received from the Treasurer, and report thereon.
The foregoing debates, together with attending to petitions, engrossed a chief part of the time, until Wednesday, December 31.
Treasurer's salary under consideration.
Voted, That the Treasurer receive for his salary, responsibility of office, &c. from the 12th of June last, to the time of his resignation, after the rate of £250l. per annum: also the sum of £83. 8s. 8d, for extra expenses.
The Senate and House being met, agreeably to a vote of this day, the Clerk and Secretary, in presence of both branches, proceeded to count and sort the votes, returned for representatives from this state to the Congress of the United States.
[This business took up the time of both branches until 4 o'clock, when the Senate withdrew, and the House adjourned.]
Thursday, January 1st, 1789.
Voted, That Mr. Sheafe, Mr. Gilman, Mr. Smith, Mr. Page, and Mr. Freeman, with such of the honourable Senate as they may join, be a committee to examine and cast the votes returned for Representatives from this State to the Congress of the United States.
NOTE RESPECTING OATHS
The following vote came down from the honourable Senate for concurrence:
Whereas by the adoption of the Federal government, an alteration in the oaths prescribed by the constitution of this state, will soon become necessary, in order to make them conform to the General Government, and the oaths therein directed to be taken by the officers of the individual states:
Therefore, be it Resolved, by the Senate and House of Representatives, in General Court convened, that such parts of the oaths prescribed by the constitution of this state to be taken by the respective officers thereof, as are inconsistent with the nature of the Federal Government, and the oath therein directed to be taken by officers of each state, shall be omitted in the administration thereof, after the first Wednesday in March next. Which resolve was read and non-concurred.
CHOICE of a SENATOR.
The honourable Judge Bartlett having declined to accept of his appointment as a Senator of the United States, and having notified the President of the same, his Excellency, by a message to the house informed them thereof.--in consequence whereof, they appointed this day at three o'clock, P. M. for the choice of a Senator to represent this State in the Senate of the United States.
Previous to their entering upon the choice, some queries were proposed relative to the mode to be pursued in the choice. Whether, after balloting, any member should not call for the yeas and nays.-- This was said to be constitutional, and a liberty which no member of the house could be deprived of. It was objected to by some, as it would have a tendency to procrastinating the business, without producing any essential service. These observations took up a considerable time, when the house proceeded to the choice of a Senator, and the ballots being counted, it appeared, that the honourable Paine Wingate, Esq. was named by a large majority.
This gentleman lately represented this state in the Congress of the United States, and is said to be a staunch Federalist.]
It was then voted, that the Hon. Paine Wingate, Esq. be he and hereby is appointed a Senator to the Congress of the United States.
Upon this vote, the yeas and nays were called, and stood Yeas 58,--Nays 26.
So it passed in the affirmative, and was sent up to the hon. Senate for concurrence.
January 2d, 1789.
The committee appointed to re-examine and cast the votes returned for representatives to the Congress of the United States, reported, that they have carefully examined the returns, and find the whole number of votes returned from the several towns and places, to be 15377; that 2563 votes are necessary to make a choice: that no candidate has that number, that the six candidates who have the highest number of votes, are as follows;
Honourable Benjamin West, 2374
Samuel Livermore, 2245
Paine Wingate, 2054
Abiel Foster, 1236
John Sullivan, 1058
Nicholas Gilman, 861
Signed, C. Toppan, for the committee: which report being read and considered, voted, that the same be received and accepted, and that the Secretary be directed to procure a sufficient number of copies of the foregoing list, and disperse them to the several towns and places in this State, in the same manner as the act directs.
[The gentlemen who followed the above, and who had any considerable number of votes, were, the Hon. J. Atherton, 795; Nathaniel Peabody, 777; Pierce Long, 670; Benjamin Bellows, 527; the whole number of gentlemen voted for as Representatives, were about 70.]
TREASURER's ACCOUNTS, &c.
This day, the committee appointed, agreeably to a vote of court, passed the last session, to " examine and settle the accounts between this State and the Treasurer thereof," reported to the House: which report was read and accepted.
This report, which was lengthy, contained a particular account of all monies granted to the Treasurer, what received, how disposed of, what on hand, &c. &c. &c. and was drawn up, methodized and arranged, in such a clear and conspicuous manner, as must reflect much honour to the gentlemen concerned.
The substance of this report shall appear in a subsequent page as soon as a correct copy can be obtained.
After the report was read and accepted, the Hon. JOHN TAYLOR GILMAN, Esq. resigned his office as Treasurer of the State of New-Hampshire, in proper form.
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Domestic News Details
Primary Location
New Hampshire
Event Date
December 26, 1788 To January 2, 1789
Key Persons
Outcome
taxation bill passed house with specific rates on polls, livestock, land, buildings, stock (senate non-concurred); treasurer's salary voted at £250 per annum plus £83 8s 8d; no majority for u.s. house representatives (top votes: west 2374, livermore 2245, etc.); paine wingate elected u.s. senator (yeas 58, nays 26); oath resolution non-concurred; treasurer gilman resigned after accounts settled.
Event Details
The New Hampshire House of Representatives formed committees to consider the governor's message and tax returns; debated and voted on a new tax proportion act, including rates for polls (10 shillings, servants excepted), livestock, land types, mills, wharves, ferries, buildings, stock, and unimproved non-resident land; extensive debates on taxation fairness, commerce impact, and comparisons to interest rates; Senate non-concurred but House adhered; voted on treasurer's salary and accepted accounts report; counted votes for U.S. House (no choice); non-concurred on Senate's oath resolution for federal conformity; elected Paine Wingate as U.S. Senator after Bartlett's declination; committee reported vote tallies for representatives and dispersed lists.