The Newhampshire gazetteer — Exeter, N.H., 1789-09-26 00:00:00, page 1

•< Tr. Tucker said, I concede
wrong ; the resolution proposed is en
tirely improper: It puts it in the
power of the Speaker, in ca!e the Se
nate concur, to adjourn the House on
that day, let circumstances be what
they may : This is unprecedented,
and cannot be agreed t v ,
Mr. Jackson called for the previa
ous question on Mr. Ames' motion —
and on the question, Shall the main
question now be put i It passed in the
• affirmative. „ ^
The main question then being put,
it also passed in the affirmative, by a
large majority.
The amendment of the Senate to
the Treasury Bill,was taken into con
sideration : And Mr. Maddison of
the committee of conference made a
verbal report, as mentioned in Satur
day's Iketch.
Mr. Vining moved,that the House
ffiould now adhere to their disagree,
ment to the amendment of the Se
nate.
Mr. Sherman, Mr. Page, and
Mr. Gerry made a few observati
ons against the motion, which however
was cartieci in toc amtumarr,
The House then went into a com
mittee of the whole on the judiciary
Bill-
Mr. Boudinot in the chair
Mr. Benson moved, that the word
« Federal' in the preamble Should be
flruck qpt, which was voted in the af
firmative.
Mr. Livermore moved that the
word ' four' before 'judges' beftruck
out and three inferred.
Mr. Sedgwick was in favour of
the word four, the points to bedifeuff
ed and fettled by the judges arc of the
firff magnitude. It is a most deferable
pbje&, said he, to have it determined
by the molt refpedable authority,
«wbat is law.
Mr. Jackson said that the num
ber Should be either increased or dimi
nished ; for when they are equally di
vided, no decision can be had : He
was therefore in favour of striking out
the words.-
Mr. Sedgwick adverted to the
courts in Great Britain, where there
were four judges, and where no diffi
culties had been experienced.
' Mf.Jackson said that we were not
bound to follow the custom of the
Britifli courts where it was liable to
exception. The question on striking
out the words was loft.
Mr. Livermore moved another
amendment which was not seconded.
Mr. Burke moved that '' chief
justice" Should be struck out ; it is a
j concomitant of Royalty, said he. It
Iwas abferved by Mr. Benson, that
I/ this is a provision of the constitution ;
Mr. Burke withdrew his motion up.
on this information.
Mr. Tucker moved to strike out
the whole clause, dividing the Uni
ted States into difttids for the pur
pose of instituting inferior federal
courts. He said that the date courts
are fully competent to purposes for
Congreffonal Matters.
PROCEEDINGS OF THE
LEGISLATURE of the UNION.
(Continued.)
Herejou may range the world from pole to pole, Inereafe year knowlege,and dJigbe ^r foul; Trfy all countries,and informyourfenfe. With ease and fafety at a small %,,&.
NEWHAMPSHIRE GAZETTEER.
HOUSE of REPRESENTATIVES,
Saturday, September 26, 1789.]
THURSDAY, AUGUST 24.
Published by H. Ranlet, in the Main Street, Exeter, O where Subferiptions, Advertisements, and all Favours, are gratefully received.
Mr. Livermore said he was not
in favour of Striking out the whole
clause ; he wilhed to have the Unind
States divided into districts, but he
concurred in the other idea of the
gentleman ; he wished for all the diG
triCts, except Kentucky, to be effab
litned for the lake of establishing a
court of Admiralty in each , author
ized not only to take cognizance of
all mrke concerns, but alio^ ^f
I/c?*Cr,° f— -;^
3i% TucKEr Gu he cid rot mw^
to strike out the diftrids to prevent
the establishment of admiralty courts ;
he was in favour of such courts ; but
he presumed the states compose fuffi
cient dittriCts. The motion was ne
gatived.
It was then moved by Mr. Liver
more, to strike obt the words " one
to be called Kentucky diftricl." He
observed that as the matters would be
chiefly of a marine nature that would
come under the cognizance of th. fe
courts, Kentucky would, from it, si
tuation, have nothing to do with fifths
matters ; and to eftablilh such coufts
-there will be a needless expence.
This was negatived.
Mr. Livermore moved that the'
whoWparagraph refpeding establish:
ing district courts Should be struck
out. The establishing district courts,
fa'd he, to hold four sessions annually,
will lead to the neceOity of establish
ing a new system of jurisprudence for
the United States ; it will be etlablilh
ing two dillind systems of judicial pro
ceedings ; one mutt finally deftfoy
that law and courts are an abridge
ment of liberty ; this is a fentimefl!
with a great many, and it will not he
wife to excite an increase of such f
deas. Id# conceive these courts are
unnecessary ; we have courts already
fully fufficient for all the purposes for
which these courts are to be establish
ed and appeals may be made ro the
Supreme Federal Court. We (hall
prejudice the people against the Go
vernment ; we have imposed duties of
impott, and are railing revenue upon
them : now if in addition to this fare
create useless courts, with a new set
of judges,Sheriffs or marlhalls, clerks,
constables, &c. will it not be confin
ed as laying a heavy and unnecessary
additional burthen ? We must also e
rect a new fee of goals ; for we can
not put the criminals and prisoners to
be tried by these courts into the
county goals. *
The juries, judges, &c. &c. will be
a great and useless expense ; and these
courts will have a tendency to create
universal uneasiness among the people.
Committee rose and reported pro
gress.
Mr. Stone asked leave of absence
from Ift Sep. Granted.
Mr. Sylvesterafked leave ofab
fence for three weeks. - Granted,
Adjourned.
TUESDAY AUGUST 2§,
The bill for eftablilhing the salaries
of the officers in the executive depart
ments was read a second time, and re
ferred to a committee of the whole,
to be taken up on Friday next.
The report of the committeeon the
etalons of Newjerfey is made the ft
der of the day for Monday next.
In committee of the whole, Mr.
Boudinot in the chair.
The Bill/to provide for the fafe
keeping of the ^s, records and great
which these courts are to be crea'-fo
and that they will be a burthenfen^
and useless expence : Seconded by
Mr. Sumpter.
TH E
Mr. Sedgwick moved to insert a
clause enjoining the payment of all
fees to be received in the department
of the Secretary of State into the
Treasury.
This motion was negatived.
The clause for ertablifhing fees sot
searching the records, was struck out
of the bill,
Mr. Sedgwick said, since the mo.
tion for paying the fees into the trea
sury is negatived, 1 hope the whole
clause refpeding them will be expun
ged,—! am opposed to increasing the
emoluments oran office in this way;
I hope we shall never establish such a
precedent in this government. This
indireft mode of taxing the people is
liable to a variety of obje&ions—lt
will be increasing the income of an
office to an amount which eludes all
calculation. Every publicofficer fhauld
receive a competent allowance for his
service officer will be very re
fpe&able and very responsible ; and
ought therefore to be handsomely sup
ported by a known salary ; and I
fouft the sum intended will be gene
rous—l hope therefore that ail clauses
refpe&ing fees will be struck out : Not
that I with the idea of deriving an
advantage from them to the public,
Should be abandoned : We ought to
turn our attention to every Source from
whence money can be direded into
the publick treafury,without burthen
ing the people—this I confider as one
from whence considerable sums may
be drawn with ease and facility—it is
a custom the people have been used
to, and in which they will continue
cheerfully to acquiesce ; more especi
ally when they confider that the small
sums the, are called upon to pay for
receiving the evidences of their ap
pointment to an office perhaps for
life, are appropriated to publick uses;
I mean therefore to renew the pro
portion, when the bill comes before
the Hotife ; when I hope that upon
more mature contemplation of the fub
jed, it will be adopted.
He then moved that the clause
Should be struck out, which was se
conded.
Mr. Fitzsimons opposed striking
out the words. These fees arc to be
received for extra services—services
which must be paid for in this or
some other mode, since the House has
not thought proper to establish ano
ther department.
Mr. Stone made a diflinaion in
icol oi the United States, &c. was ta
ken into confederation. This bill
Rates that the department of " foreign
affairs" (hall be denominated the De
partment of State, to which a variety
of duties of a domeßic nature are to
be annexed, and the principal officer
therein to be denominated the Secretad
') °f State. Considerable progress
was made in the difeuffion : Several
Clauses were altered, and others struck
out ; but the time not admitting of
its completion, the committee rose,
and the chairman reported progress.
A message was received from the
Senate by Mr. Serret^rp Otis inform
10g the -iO&OeXa^v uw:^. O^^ lr<y
concurred in rhe resolution for fixing
the time of adjournment. Also that
the Senate had receded from that
part of the amendment to the treasury
bills to which the House had disa
greed. Adjourned.
In committee of the whole, on the
bill to provide for the fafe keeping of
the afts, records and great seal of the
United Spates, &c.
WEDNESDAY, AUGUST 26,
Mr. boudinot in the chair.
Mr. Laurence observed, that if
individuals have a right to apply for,
and be furnished wiih copies of papers
it is but reasonable that they Should
pay for such copies. If they apply on
account 'of the publick the publick
ought to be charged with the expence:
If the application is for their own pri
vate advantage they certainly ought
to pay for employing the Servants of
the publick ; otherwise it will be un
equal. There will be but few applica
tions comparatively speaking ; but
those may engross a great proportion
of the time for which the pubick is
charged.
Mr. Sherman observed, as the ofc
ficer is to receive a salary for his whole
services, and to which every individu
al in the community contributes, it
would give more general Satisfaction
Q Qiu hw u i u b- t v..UVi- -z~.:^
We Shall, 1 exped, fee the salaries so
high as'will cause some uneasiness ;
and if in ~addition, we add fees to in
crease the income, I believe it will
create ,universal diffatisfathon.
Mr. Livermore observed, that it
is a very general custom for officers
intruded with publick papers, to re
ceive fees for giving copies, and other
services of this kind, in addition to
their salaries. If we do not make
some such regulation, we &II have
every perlon applying upon the Small
est occafiorr, who would find employ—
meat for more then 100 . clerks.
The fees received may be fufficient
to pay for the additional duties an
nexed to this department. lam not
in favour of high fees—a small confi.
deration will be fufficient.
The House immediately took the
report icto consideration. -
Mr. Sedgwick renewed his moti
on for providing that the fees should
be paid into he reifury, which wi a
gain negatived.—The amendment:
being agreed to, it was ordered that
the bill be engrossed for a third read
ing tomorrow.
A message was received from the
President of the Unted State* by Me.
Secretary Lear with 'the resolve of
both Houses for completing the sur
vey ordered by the late Corgrefs ; to
which the approbation and Eghature
of the President is affixed.
Mr. Secretary Otis brought, down
from the Senate, a bill providing for
the registering vessels, and to regulate
the coasting trade ; in which they have
concurred, with amendments.
The motion for ftr kingout the fees
was negatived.
The committee then proceeded to
difeufs the remainder of the bill ;
which being fin Shed, the commi tee
rose and the chauman reported the
fame as amended^
the Services to be performed bv the
Secretary of State : The services he is
to render the publick as Ccretary, he
is to receive an adequate compensati
on for by a salary : For other ferviceg
which by law he is todo for individuals
he ought to be paid for by those indi
viduals ; and for this reason I confider,
said he, the fees proper.
Mr. Hartley : I hope Sir, the
clause will not be itruck out ; we are
told that the publick is not to be put
to any additional expence on account
of annexing these duties to this office;
and for this reason the propofitiod
for a new department has been repeat-
It is evident that an additional num
ber of clerks for the difeharge of the
business will be necessary ; how are
they La be paid ? —The publick is not
to bt burdened—l hope we ihall re
tain the clause.
—[VouL-Nuub., & .