Federal Legislation 207 



ford, Conn., Pittsford, N. Y., Edenton, N. C, New Haven 

 and New London, Conn., Pittsburgh, Pa., Providence, R. I.. 

 Montpelier, Vt., Wheeling, W. Va., etc.-^i 



In January, 1829, the Ways and Means Committee made a 

 report--- on auctions and accompanied it with a bill. It prohibited 

 sales by auction unless the auctioneer at the time of sale exhibited 

 the original invoice on which the duties had been levied at the 

 custom house. It required the auctioneer to publish in one or 

 more newspapers of the city wherein the auction was held forty- 

 eight hours immediately before the sale, schedules of the goods, 

 name of the importer or consignee, detailed description of the 

 goods and their marks, name of vessel by which they were 

 imported and the time of their importation, and such schedules 

 were also to be exhibited at the time and place of sale. It fixed 

 as penalties for violation one-third of the value of the mer- 

 chandise sold ; but if the auctioneer knew the goods were 

 smuggled, the penalty was full value; one-half of the penalty 

 was to go to the informer or prosecutor. It did not apply to 

 auctions of deceased persons' property, to sheriffs' sales, to 

 re-sales by auction of goods once bona fide so sold, to tariff-free 

 goods, and to sales of the stock of goods of any retailer or trader. 

 It was designed merely to protect the revenue from frauds, and 

 the Committee explained that Congress had no powers to act 

 upon the subject except in that capacity; and that a tax "upon 

 auction sales would neither prevent the alleged frauds upon the 

 revenue, nor the alleged advantages enjoyed by foreigners, unless 

 it be a prohibitory tax ; and that for whatever frauds were com- 

 mitted upon the community through auctions the application of 

 the remedy belonged exclusively to the state legislatures.^-^ This 

 bill was very unsatisfactory to the anti-auctionists. Meanwhile 

 Mr. Johnson of New York presented a substitute bill as drafted 

 by the anti-auction committee of that city, containing added pro- 

 visions against fictitious bidding, for continuing the auctioneer's 

 responsibility for frauds, errors or deficiencies during seven days 

 allowed for examination after sale, and for a schedule of duties 



"^Xiles, 34: 377-8; 35: 271. 



"" Xiles, 35 : 341-2, gives the text of the report and bill. Mr. McDuffie 

 was chairman. 

 ""Ibid., 329, 342. 



