The Newhampshire gazetteer — Exeter, N.H., 1789-10-03 00:00:00, page 1

Mr. Gerry ;prefented a foppleffl
tary report to the ertimate of the ne
cessary supplies for the year 1789=
read and referred to the committee of
wavs and means.
far. Smith (S. CJ of the com
mittee appointed forthe purpefe, bro't
ih a bill providing for the ellablilhing
hospitals for disabled seamen, and for
the regulation of harbours=-whicb was
read the firft time.
4 The report of the committee on the
flmorith from the merchant of
Georgetown and Alexandria, to th
lien up end accepted, and the fame
committee ordered to bring in a bill
fa tirerelief of the memorialifts.
, In committee of the whole, on the
bill for eftablilhing the salaries of the
officers in the executive departments,
their affifthntt and clerks.
/ The committee agreed upon the
following salaries, vir.
This bill states that hospitals be es
tablished and maintained in such sea
port towns in the United States, as
the President (ball dired, by a deduc
tion from the wages of seamen, which
captains and commanders of vessels
fan pay to the officers of the auftoms
at each entry of their vessels.
Mr. Sgott, agreeably to notice,
moved a resolution to the following
effed: That.a place ought to be fixed
far the permanent residence of the Ge
neral Government, as near the centre
Os population, wealth, and extent of
territory as, confident with the con
tewience of Jhe Atlantic navigation,
having also due regard to the peter,
territory. He then moved to make
this the order of the day for Thursday
next..
And after a very lengthy debate,
the qweffion for making this business
ike order of the day for Thursday
text was carried.
NEWHAMPSHIRE GAZETTEER.
THE engrossed bill to provide
for the fafe keeping of tie ads,
records and great fcal of the United
States, and for other purposes, was
read a third time and paired to be en
afted.
The amendments of the Senate to
the coasting bill, were then taken into
consideration—and agreed to, with
some final! variations. The Senate
have reduced the fees in this bill ; a
mong others—for
Here,onmay range the world from „le to pole, Increafe,our knra%e,and delight,ourfoal; Travel all ''"""'' fo "'?""™±'r^
LEGISLATURE of the UNION.
(Continued,) &
%¥"} 3 to2 b^.
^r" } 2 «”^l
~Certificate of 1
enrollment f> to 5° ditto.
Licence to
trade or carry
on the whale > I to 50 dittos
or bhak fifhe
ties for 1 ye^r, _
Every bond for 1 .IQ.
licence to trade f 14 d '"°*
EQUSRif REPRESENTATIVES,
3UTHaY; OCTOBER ~ >7*9J
-THURSDAY, AUGUST 2,.
Congressional Matters^
PROCEEDINGS or TH#
Published by H. Ranlbt, ill the Main Street, Exeter ; 0 where Subferiptiotis, Advertifemeuts, and all Farours, are gtattef.il, received.
FRIDAY AUGUST 19.
SATURDAY, AUGUST Zg.
A message was received from the
senate with the bill to provide for the
registering vessels, and to regulate the
coaftingtrade-^retuvaed with the con.
currence of the senate in the lift a
mendments proposed by the house.
The engrossed bill for eftablifhing*
the salaries of the executive officers
was read a third time, a motion was
made for its recommitment, which was
loft—The #,/, and noes being palled,
for by Mr. Livermore, on the ques
tion, Shall this bill pass? are as fol
low— ayes.
the bill for suspending the opera
tion of a clause in the collection law
was read, and ordered to be engrossed
for a third reading on Monday, ^ 1
Mr. Boudlnot presented a petiti
on from the inhabitants of the county
of Middlesex, Newjerfey, refpeding
: -a clause in the judicial bill now pend*
ing in (he house, read and laid on the
table.
In committeoof the whole house,
on the bill for .eftablilhing judicial
Courts —Mr.BouDiNOf in the chair.
The third feftion was again Under
confideration,— The motion for Dik
ing out the whole clause was renewed
by Mr. LivEßMoat.-^The fate of
this Clause, laid he, will determine the
fate of the whole bill.=The greatest
objection that I have to it, is, that it
eltabltthes two diftinft systems of judi
'cial proceedings in the United States.
Messrs. Atas, Baldwin, Benson,
Boudi not, Brown, Cadvallader, Gale,
Goodhue, Griffin, Hartley, Heifter,Jack
fon, Laurance, Lee, Matthews, Moore,
Scott, Sedgwick, Sherman, Silvester,
Smith, (M.) Smith, (S. C,) Sturgif,
Trumbull, Tucker, Wadsworth,
koop.=27i
Three Judges of the Weftern Ter
ritory, 800 dollars each„ f
To the Clerks which may be em
ployed in the several departments, not
to exceed 450 dollars each.
The committee having gone thro'
the bill, with amendments, the fame
were reported to the House, & accept
ed. It was then ordered, that the bill
be engrossed for a third reading to
morrow.
To the Secretary of the)
Treasury, J 35
of State, 3000
of the War Department, 3000
To the Comptroller, - 2000
Auditor, - • 1500
Treasurer, • • 1600
Register, - - 1250
Governour of the Wefternlr
Territory including f h &L C QQ
emoluments of foperin^T
tendant of Indian Affairs, J
Affidant to the Secretary of)
the Treasury, , 5
Chief Clerk to the Depart- ) 8o q
ment of State,)
Chief Clerk to the Depart- )
meat of War,)
Secretary of the weftern)
Territory, , 75
Principal Clerk to the comp.s 8c)0
troller, J
Chief Clerk to the Auditor, 600
The committee Appointed for the pur
pose bro't in a bill to suspend for a time
the operation of a clause in the collec
tion law, agreeably to the report on
the memorials from Alexandria and
Georgetown, which was read the firft
time.''
feOESi
Messrs. Coles, Flo,d, Foster, Gerr,,
Grout, Hathorne, Livermore, Barker,
Patridge, Fan Ranfellaer, Schureman,
Sene,, Sinnickfon, Stone, Sumpter, That
cher.—l 6.
Dollars,
T HI
He then dated certain cases in which
there would be such clalhings Ind in
terferences as would be attended with
great difficulties. Suppose, faia he,
a person is in the cuffody of a State
officer, and is at the fame moment
taken hold of b, an officer of the fed
eral court, what is to be done— is the
man to be divided I This system may
open a door to coll uGoes in cases of
debt, by having prisoners under pre
sences of atreft by the federal autho
rity, violently forced from the hands
of State officers. If these difficulties
can be got over, 1 mail think more
favourably of the bill § but $ do not
fee how they can be poffibty. We
have ftfpported the Union for fourteen
years without such courts. The fame
or equal abilities may be sound—just
ice may be as well administered as
heretofore—l know of no complaints
of any great consequence that have
existed. Some cases of capture have
been carried to the court of appeals,
but they have been very few. He
then adverted- to the institution of
courts of admiralty in favour of eflab
lining which, he said, the expence
will not be by a fiftieth part so much,
and the advantage will be ten thous
and times as great..
Mr.SMiTH (S.C & ) Ai much will de
pend on the determination of this
question, it is necessary it Should be
well conftdered by all the committee.
It will not be easy to alter this system
-when once eftabliffied : The judges
are to bold their commlllio^ during
good behaviour, and after they are
Appointed,they are only removeable by
impeachment; conferred tly this sys
tem must be a permaaant ode ; the
committee will not therefore deter
mine, that there Shall be diftria courts,
until they have reflected feriaufly on
the con seq notices attending their vote.
After this point is Settled, the next
which occurs is the extent of jurisdic
tion, to be annexed to this court,-*.
This question is as important as the
former ; for it will be no less difficult
than improper to enlarge or curtail
the jurifdidion of a court already
eftablilhed. With fefpd& to the firft
point, it seems generally conceded
that there ought to be a diftrift court
of some fort+ The constitution in
deed recognizes such a court, because
it (peaks of " such inferior , courts
as the Congress Shall establish," and
because it gives to the supreme court
only appellate jurifdi&ion in Aloft
causes of a federal nature. But some
gentlemen are of opinion that the dif
trift courts Should be altogether con
fined to admiralty causes ; while others
deem it expedient that it Should be iri
trufted with a more enlarged jurisdic
tion : and Should in addition to admi
ralty caufes^ take cognizance of all
causes of seizure on land, all breaches
of impoftlaws, of offences committed
on the high fees, and causes in which
foreigners or citizens of other states
are parties. The' committee are now
to decide between these two opinions :
After mature reflection, I am inclined
to favour the latter. What are the
objections advanced against it ? A
gentleman from Newhampihire has
observed, that such an establishment
Will be unnecessary, expen five and dis
agreeable to our constituents. Jus
tice, he observed, could as Well be ad
miqUtered in the state as in the diftrid
courts, and should the state courts be
tray any symptoms of partiality, their
adjudications would be fubje& to re
vifon in the federal supreme court,
which in his opinion afforded jtffici
ent security. if the state Coutts are
so take cogwkmc of thofc caufa
which by the constitution are declared
to belong to the judicial courts of the
United States, an appeal must lie id
every case to the latter, otherwise the
judicial authority of the Union might
be altogether eluded. To deny such
an appeal would be to frustrate the
moll important ebje&s of the federal
government, and would obdryd its
operations. The necessity of unifor
mity in the decilions.of the federal
courts is obvious ; to affimiiare the
principles of national decilions, < anE
collea them, as it were into one focus,
appeals from all the state courts to the
supreme court would be indifpenfible
=lt is however much to be appre
hended that this constant controul of
the supreme federal court over the ad
judication of the state courts would
diffatisfy the people, and weaken the
importance and authority of the state
judges ; nay more— it would lessen
their refpedability in the eyes of the
people, even in causes which properly
appertain to the state jurifdidions ;
because the people being accuhomed
to fee their decrees overhaled and an,
nulled by a superior tribunal, would
soon learn to form an irreverent opini
on of their importance and abilities.—
It appears therefore expedient to fep.
arate, as much as possible, the state
from the federal junfdiction, to draw
a broad line of diftandion, to affiga
clearly to each its precise limits, and
to prevent a clashing; or interference
between them. The expence is fug
gelled as an objection to this system,
It is admitted by the gentleman who
makes it, that it is proper to have dif
tria courts of admiralty ; these court#
mart of necessity have jurisdiction of
offences committed on the high fees.
Now the establishment of such a court
will induce nearly all the expence that
will be requisite ; the extention of the
system to the length 1 have dated will
occasion a very trifling increase of the
expence, and if the latter plan should
be found after due confederation to
be more conducive to the happinefii
and welfare of our constituents than
the other, a small increase of the ex
pence ought to be no impediment
to the attainment; the diftrid judge
will be elected from among the ciri.
Zens of the state where he is to exer
cise his functions and will feel every
inducement to promote the happiness
and proted the liberties of his fellows
citizens—he will be more independent
than the state judges, holding his
commilfion during good behaviour,
and not being influenced by the fear
of a diminution of his falary.-^Tti.
al by jury will be secured in all cases,
wherein it is provided in the state
courts, should the diftrid judge be
under any bias, it is reasonable to
suppose it would be rather in fovour
of his fellow.citizens than in favour
of foreigners or the United States,
By reftriding the gate courts to few
caufei of federal jurifd id ion, the num
her of appeals will be diminished, be-
Chufe every cause tried in those courts
will for the reasons before mentioned
be fubjea to appeal, whereas the ja
irifdidion of the diflrid court will be
final in many cafes.' In as much,
therefore, as those appeals are gricv.
out to the citizens, which lie from a
court within their own state to the fa.
pretire court at the feat of government
and at a great difiance, they will con
fequetftly be benefited by an exemp
tion from them. In the bill as lent
from &e Senate, the jurifdidion of
the diftrid courts is not fp extenfiv#
as to Occasion any just alarm ; it is in
my opinion rather top coffined and
dopa not embrace objeds enough.
[Vox. I.=Num>. 8 ~