History of Taxation in Rhode Island to the Year 1790Gardner, Henry B. (Henry Brayton)
History
History of Taxation in Rhode Island to the Year 1790
Gardner, Henry B. (Henry Brayton)
Taxation -- Rhode Island -- History
Neither in the Patent nor in the Charter is there any specific grant of
the power to tax;[54] it seems to have been regarded as implied in the
grant of government, and was always exercised by the highest legislative
authority, under the Patent at first by the body of freemen assembled in
general court, and later by the court of commissioners, under the
charter by the general assembly consisting of the deputies and
magistrates, at first sitting as one body and later as two distinct
houses.[55] The legislature apportioned the tax among the separate towns
and required each town to collect and pay into the colony treasury its
quota by the time specified in the act ordering the tax, the towns
employing their own administrative machinery for the purpose.[56]
Perhaps the system is best summed up in a law passed in 1655. "It is
ordered, that ye raisinge of Generall Taxes shall be ordered by ye
Generall Court of Commissioners, as they shall see cause from time to
time as to ye sumes, and how they shall be proportioned on each Towne;
as alsoe, who in each Towne shall have power to make ye rates, and who
are to give forth warrants for ye gatheringe of them; as alsoe in case
of any refusinge to pay, to order assistance to him or them that are
authorized to give warrants, or to gather ye rates as need shall
require."[57] In the case of the tax levied for the payment of Roger
Williams it was ordered in 1650 "that the councill of ech Towne be
enjoyned forthwith to proportion Mr. Williams that debt and other summes
apoynted thereto, according to every mans strength and state;"[58] and
for a while the town council seems to have acted as assessors. Just when
the duty of assessment began to be assigned to separate officers we do
not know, probably very early.[59] Collectors did not come until well
into the next century, their functions being exercised by the town
constable or sergeant.[60] During these early years custom rather than
law seems to have been the regulating power, and it doubtless left much
to be desired. An attempt to remedy these shortcomings was made in 1673
when what may fairly be called the first tax law was passed.[61] It
throws much light on existing conditions. The preamble recites "the
great dissatisfaction and irregularity that hath been by makeinge rates
or raising a common stock for public Charges in the Collony in general
or for any perticuler towne, and the great faileableness to accomplish
it, and great delaies in performance," and affirms that public charges
"should be born according to equity in estate strength."[62] The law
then provides that where a rate is levied by the colony or a town every
one shall "make a true valluation of theire estate and strength, every
thinge that is any estate to them be vallued, which they are not rated
for to another place; and when for a pertickular towne rate, what they
are not rated to another towne." Each person is to pay "to the Treasury
Public-domain text, read in full here on John Shaqi.
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