Republican ledger, and Portsmouth price current — Portsmouth, N.H., 1802-03-30 00:00:00, page 1

Cengtef# of tbe United ^t^c^
House of Representatives, Feb. 17, 1802.
JUDICIARY BILL—FROM the senate.
[The following J peech of Judge Bacon, of Meffa
chujetts ^contains arguments which are unan
jwerable, in favour of the GonflituNonal right of
Cungrejs to repeal the Judiciary ,Ift. His obfer
lations are jo conciufee. !nat the mos reluftant
minds mufi yield to to the force and juflice of
them.]
MR. BACON. In this bill two impor
tant enquiries are involved—l. Is it con
fident with theconftitution ? 2. Isit expe
dient to.repeal those a&sr
Before I proceed to speak directly- to ei
ther of these questions, I mutt take the lib'
eny to advert to an important observation
made yetterday by the gentleman from Penn
sylvania (Mr. Hemphill.) In his very de
cent an ingenious speech with which he
then fagoted the committee, he gave an ex
planation of the terms office and court. In
deed very much depends, as I conceive, on
fixing accurate ideas to these particular
terms. Until this is done, that part of the
constitution which applies to the present
fubjed, muff remain in a great measure un
intelligible, to me at lead. Fixing the true
meaning of these terms will, I conceive, go
far towards folding any doubt that may ex
ist relative to the conftitmionality of the pre
sent bill. This idea, there is reason to be
lieve, did not escape the difeerning mind of
that worthy gentleman, when he observed,
that " offices consist in certain power, jurif
di&ion, and authority, conferred oh a per
fun, requiring certain duties. The- court,
the-name of the institution wherein that of
fice is to be cxercifed. The name of the
court may be changed, and also the place
'where sass holden, and the office to be ex
ef^fed, in another place."
These were the words which he used.
I fully accede to his explanation of the
ter® offices, but very much doubt the cor
reanets of his explanation to the term courts,
as it is used in the confliiution. And lam
. FOREIGN BILLS.
Bills oo London : 30 days, : (fr Case) 2 pr. cent. dis.
do. do. ; : : to days, :.: do. : 2| a 3 pr. ct. dis.
|do, do. : : : 90 days, : : do. * 3, do. do.
Bills on Hamburg, payable in London, at Co days, : : do. do. do. do.
do. on Amllerdam, payable in do. to days, : : de. do. do.
Crrtn priced of per from to
D. C. D. t
ASHES, Pot, iftfort, T. 120 0 126 66
, Pearl —l4O/0 150 0
Allum, C. 8 0 9 °
Anchors, lb- 012 0 0
Bread, Ship C. 450 7 0
Butter ft) o'4 016
Beef, common B. 9 0 0 0
mess — ii 0 110
Beans, white bu. 1 20 1 20
Brandy, Spanish 41b pr. G. 150 155
, Naples 4^ pr. -- 140 145
Barley bu. 1 0 1 0
Brimdone, C. 3 0 4 °
Brimitone, Roll C. 450 5 0
Corn, Indian . — 075 0 75
Rye — 095 0 °
Caflia lb 0 7° 0 75
Cloves _ 0 0 2 16
Coffee - o^B 0 19
Cheefe,American -- 0 6 014
Cotton,foreign Jcarre -- 040 645
, American — 028 03°
Cordage, American C. 14 50 15 °
, Foreign, -- 12 0 13 °
Chocolate, common ft, 020 0 20
, best No. 2^l -x 029 03 2
Candles, mould -- 019 02 '
, dipt - 0 17 017
Coals, foreign Ch. 14 0 ] 4 0
{, American ?^e, -- 0 0 0 0
Cooperas; C. 35° 4 0
Cloth, Tow yd. 016 017
Duck, Russia, ifi^al. Br 16 0 18 0
NUMBER 31. VOL, III.]
Republican Ledger,
PORTSMOUTH PRICE CURRENT.
PORTSMOUTH, (NEW-HAMPSHIRE) PRINTED BY NUTTING & WHITELOCK, PRINTERS OF THE LAWS O^THE UNITED STATES,
©bin goa ©all t^efe tiertig relate fpcai of t^cm as t^e^ arc :——Boiling ertentrate, nor set baton ougbt in malice.
not certain but that the question of conflitu
tionalitv will very much depend upon the
idea that is affixed to this identical term.
I believe the term court, as it is used in that
inflrument, means something more than a
mere name. Although I will not under
take to give an authoritative and perfcaly ac
curate explanation of the term, yet I may
venture to fay, that, as used in the confliin
tion, and the law proposed to be repealed,
it seems to convey the idea of an institution
ordained and established for the legal ad
ministration of justice. Those thingsjerm
cd courts in the constitution, are veiled with
power, and are to exercise jnrildiffion, o
riginal andappellate, These are attributes,
which to my mind indicate something more
than what is merely nominal. I have con
fidcred courts as being composed of'perfons
veiled with power, jurifdiaion and author
ity,and of whom certain duties are required,
that is, as being composed, or confiding of,
officers, particularly of judges. And lam
apprehensive that it would be not less diffi
cult to conceive of a court, in the meaning
of the conliitulion, as exiting without offi
cers, than it would to conceive of a legisla
ture without legislators, or of an officer
without an office. If this is not a true, and
the only explanation of the term court, as
used in the constitution, and in the aft re
ferred to in the present bill, I shall wish to
hear it otherwise explained. If the explan
ation is just, I believe it will be found in
the sequel of debate, to go far towards a de
termination of the question relative to the
constitutionality of the bill now under con
sideration.
I will now, Sir, proceed to speak dire&ly
to the fubfea of the bill ; and will confid
er in the firft place, the constitutionality of
repealing the ads therein referred to.
If it ihould be found to be unconstitution
al to repeal those ads, no consideration of
expediency ought to have the lead weight.
As to the mere confiitutionality of the meas
ures, I am apprehensive this will he found
not to be a question of vast intricacy and in
explicable doubt, unless we are disposed to
make it such.
Current prices of per from to
5. Cd b. c.
Duck, Ravens -- 10 50 12 c
Flaxseed, rough bu. 1 o'l 5
Filh, Merchant, C. 4 0 425
,W. India mark. -- 325 375
Scale — 250 275
Salmon none B. 10 0 o °
Mackerel -- 750 8 0
Flohr, fu per. frefh — 850 850
, fine -- 8 0 8 0
middlings -- 650 7 0
, country C. 3 0 35°
Fuflick T. 45 0 0 0
. ( Briftolct. Toby 8, bx; 15 0 15 50
9by 7, -- 14 0 14 5°
.Bby 6, — 11 0 ii 50
^) Hamburg toby 8, -- 12 0 0 0
' 7by9, -- 12 0 0 0
Gun Powder ffi 0 50 0 55
Geneva, Holland if pr G. 1 20 1 20
, Americanize -- 090 0 '
Hoops, hhd. 12 ft. M. 20 0 25 c
Hogs Lard ftj 012 0 14
Iron, Philadelphia T. 140 0 0 c
, Rullia -- 120 0 125 c
, Swedes -- 130 0 °°
Logwood T. 40 0 45 "
Lead, white, gt. in oil C. 0 0 16 0
, dry — 14 0 14 5°
, red — 850 0 c
, iheet -- 10 50 0 0
Lumber, boards clear M. 17 0 18 c
, , merch. -- 12 0 13 0
shingles -1 50 2 20
OWoUfale prices Current, at ponfmoutb, jacbLpampWßL
CAREFULLY REVISED AND CORRECTED, ON SATURDAYS.
—-r^-rf'g^g 45<’+^» ^^^l"►>"> —
Cou'tfe of Grebange, at Lofton.
TUESDAY, MARCH 30, 1802.
»>*> ~—
INLAND BILLS.
Bills bn Baltimore, 30 days fight, (For Caih) 1 per cent dis.
do. Philadelphia, -— • 1 b% : do. do. do.
do. New-York, • - : : do. : do. do. do.
do. Philadelphia, or? ~..
New-York, f 6 ° da ^ : do 2 d °-
N. B. Bills at (horter fight, proportionally higher.
Current prices of per from to
D. C. D. C.
Lemons frefo bx. 7 0 8 0
Lime, half hhd. 1 75 2 0
1m ather; Seal, dried, ffi 020 0 0
Molasses G. 040 00
Nutmegs lb 5° 55°
Nail Rods fcaree T. 8 0 0 c
. f^Q M- 034 036
to 6dJ — 070 072
73 , 6d, wrought — 117 0 0
< } rod, do. infpe&cd — 175 183
Z 1 2nd; do. do. — 240 250
(Sheathing, cut C. Irso 0 0
^ f Liver B. 14 0 14.0
Q(Linfeed G. Iqo 1 15
Pepper ffi 028 0 28
Pork, belt pieces ° B. 16 0 18 0
, common — 13 0 15 0
Peas bu. 1 33 1 25
Pimento ffi 0 17 0 18
Pitch, B. 6 0 0 0
Paper, Sheathing C. 375 4 0
Redwood T. 55 0 60 0
Raifins/r^ calk 7 0 7 5°
Rum, Jamaica G. 1 4 1 17
, Windward 3d pr.-- 083 090
Rice fcaree C. 550 0 0
Rosin Jcarce B. 4$ 0 450
Soap, white ib o'4 616
, brown — 0 10, 012
, cattle — 017 020
Sugar, Havannah C. 18 0 19 0
, Eaft-lndia -- 12 0 13 0
, Weft-India — no 0 0
There are some things relating to this
question, and which may tend in some meas
ure to illustrate the f®bje&, about which
there can be no reasonable doubt. It will
probably be admitted, that the constitution
does not require the legislature to furnifh
business fi.fficient to employ the time and
talents of all the judges of all the courts of
the United States, let their number be ever
so great. It will probably be allo admitted,
that the legislature are not reftriaed by the
confutation from so amending and altering
the laws from time to time, as may, on the
one hand, tend to diminish, and on the other
to increase the business to be tranfa&ed in
our judiciary courts refpeaigely, nor are
they ^eftriaed from transterring business
from one judiciary court to another. And
if the legislature may, byway of transfer, or
otherwise, diminifl), or withdraw one part
of the business from a judiciary court, they
may on the fame general principles with
draw another, unless specially refiriaed by
the constitution. Consequently they may,
if they fee fit, withdraw the whole in the
fame wav.
AH this, it is believed, will not only be
readily admitted ; but that precedents, for
the a&ual exercise of the power of the leg
islature which is here mentioned, are abun
dantly furnifhed in the a& itfelf which it is
piopofed to repeal. And a better authority
in this particular case, cannot pcffibly exist,
than what is furnifhed by this act. It is an
authority which can neither be explained
away, nor misunderstood. It may with
propriety be said, that in this particular
case, it is an authority inftar omnium—it is
indeed equal to all others ; because it I am
not mistaken, it absolutely and unequivocal
ly determines the question relative to the
conflitutionality of the prefect bill. I should
be willing for myfelf, to rest the issue entire
ly on this ground. .This is the principal
ground that I (hall take.
° By fee. io of this law, the powers in gen
eral which, by the late law, were vetted in
The former circuit courts, are transferred
from those circuit courts which axe eftablilh
ed by the prefect law.
[I,DOL. 50 CTS. PER ANNUM
By fee. 20, it is expressly provided, t£t
"all aaions, suits, process, pleadings, dm
other proceedings, of what nature or kind
soever, depending on exiting in any of the
present circuit courts, of the United" State s,
or any of the present diftria courts of the
United States, a&ing as circuit courts, shall
be, and hereby are, continued over to the
circuit coutrs, established by this a&."
By fee. 10, it is provided, that the circuit
courts established by this a& shall have cog
nizance of a great number of causes which
were not in like manner cognizeable before
the former circuit, viz. “of all a&ion,
cognizable by the judicial authority of the
United States, where the matter in dispute
is between four and five hundred dollars."
By the 24th fee. it is “ enaded, that tie
'diftria courts of the United States, in ard
for the diftria of Tenreflee and Kentuck"
in particular, " shall be and hereby are a
boiifhed.®
By the-ayth fee. "it is further enaSed,”
generally, “ That the circuit courts of the
United States, heretofore established, shall
cease and be abolished."
Here we have a precedent for abolishing,
by a single legiflativeaa, all the,judicial courts
of a certain description throughout the Unit
ed States.
In short, Sir, the present circuit courts
are not only vetted with powers different
from the former circuit courts, but they are
composed of different men ; and while the
former judges of these courts are still living
—during their good behaviour, and without
their resignation, impeachment and convic
tion.
All former circuit courts are, by the law
in question, ipso fa&o abolished. If the
circuit courts established by the Jaw in ques
tion are qonftitutional courts, as I take for
granted they are, then the former circuit
courts do not now exist. And what has be
come of them f They have been annihilat
ed. By what power have they been anni
hilated r The answer is read, —They have
been annihilated by the fame pqwer which
firft gave them exiftence t and by the fame
likewise on which the present circuit court#
Current prices of per from to
D. C
Starch, Poland ffi 022 0 22
, American — 0 12$ 017
Sugar, Loaf 16 0 27 0 0
Salt, St. Übes fcaree H. 650 7 °
, Turk's Island --7 0 7 °
, Liverpool — 450 5 °
, Rock —7 0 7 5°
Steel, German ffi 0 14 0 0
, English — 016 01?
Salt Petre, rough — 020 0 0
Shot, C. 10 0 10 0
. f W. O. hhd. M. 24 0 26 o
4 I do. do. heading — 26 0 28 °
>}W. O. bbl. — 10 0 12 5
<j R. O. hhd. — Io 0 11 7
^ 1 do. Shooks 066 oc°
[W. O. do. 1 20 1 0°
Tin in Iheets b*. 18 0 2o 0
Par B. 350 3 50
Turpentine — 4 0 450
Tea, Hyfon Ib. I 12 1 17
, Souchong — OSo cß>
, Bohea — 036 co
Tobacco, Jamesßiver C. 7 0 0 7
, Georgia -- 550 to
Twine, sewing doz. 550 0 0
, seine — 5 0 55°
. ^Madeira G. 217 283
^ I Lisbon — 120 130
Z < Sherry, scarce — 146 150
^ I Malaga q.c. 29 0 30 0
z [Red Port farce — 167 Retail