534 RELATIVE TO THE COMPENSATION OF JUSTICES at the Legislative Board, he has too much dependence on the candor of the Judge to believe that he intends seriously to compel certain ministerial officers of justice to perform specific duties without allowing them a reasonable compensation therefor, agreeably to the circumstances of each case. The Judge's reasoning the other day on the discrimination of talents between justices of the peace and judges of the district court apply with equal force respecting the services of the former and those of a clerk of a district court. Should the legislature eventually pass the $100 act, now under consider ation, a number of additional services will have to be performed by justices of the peace in cases above twenty dollars, which have hitherto been done by clerks of district courts, and the judge is appointed a committee to bring in the aforesaid bill which will regulate the fees of justices therein: Mr. McDougall has the honor to draw Judge Woodward's attention to an act establishing courts of justices of the peace in and for the city of New York passed March 24, 1804, Vol. 3, pages 453 to 455,- -where in the 47th Section the duties and fees of justices of the peace in cases under and over $25.00 are fully detailed; constables and marshals, jurors and gaolers' fees under said act, are there also pointed out, all which he humbly conceives ought to be inserted in said bill should it pass. The Territorial laws have hitherto compelled a number of other specific services to be rendered by justices of the peace for which no compensation whatever is allowed them; the consequence is that they have been obliged to legislate or rather charge what they thought reasonable, a circumstance much to be regretted and ought to be guarded against. Mr. McD. is ready to point out the respective items to the judge, if agreeable to him. At the same time he trusts the judge will not consider him actuated by sinister views on the occasion, as he is drove to leave Detroit this fall and enter into commerce; the fees hitherto allowed him as a justice, although he has done nearly one-half of all the business in the district of Detroit joined to his other appointments as notary public, &c., which take up all his time, not being adequate to pay for dockets and stationary required and to meet his board and clothing. He is sensible that liberality is not to be expected under the present regimen, but justice requires that the alleged compensation ought not rather to be considered as a tax, in which latter case men of talents and some legal knowledge will be drove to resign and the office be performed by the ignorant and illiterate, than which a greater curse could not fall on the Territory. Tuesday morning. CIRCULAR FROM JOHN QUINCY ADAMS, SECRETARY OF STATE, TO HON. A. B. WOODWARD, TERRITORIAL JUDGE, CALLING FOR A LIST OF ALL OFFICERS IN HIS DISTRICT A. B. Woodward Esq., Territorial Judge of the United States in and for the Territory of Michigan Department of State, Washington, 8 August, 1821. SIR, By annexed resolution you will perceive that it is the duty of the Secretary of State to compile and cause to be printed once every two years, a register of officers and agents, civil, military, and naval, in the public service. The work will accordingly be put to press after the 30th of September next, for the use of the members of the next Congress, and the executive officers entitled to it. Although there is no provision in the resolution for the insertion of the officers of the judiciary, they are clearly embraced by the terms of it; and they have in the registers heretofore printed, been inserted. It is believed, however, that the list of that description of civil officers, from the want of particular information, has not always been sufficiently accurate. I take the liberty of requesting, therefore, that you will be so good as to furnish me with the particulars mentioned in the resolution; adding thereto the place of your residence, or the name of your post-office, a knowledge of which will be very useful in facilitating the yearly transmission of the laws to you, or any other official communication which it may, at any time, be necessary for the government to make. I am, with great respect, Sir, Your obedient and very humble servant, J. Q. ADAMS. RESOLUTIONS REQUIRING THE SECRETARY OF STATE TO COMPILE AND PRINT, ONCE IN EVERY TWO YEARS, A REGISTER OF ALL OFFICERS AND AGENTS, CIVIL, MILITARY, AND NAVAL, IN THE SERVICE OF THE UNITED STATES Resolved, By the Senate and House of Representatives of the United States of America, in Congress assembled, that, once in two years, a Register, con taining correct lists of all the officers and agents, civil, military, and naval, in the service of the United States, made up to the last day of September, of each year in which a new Congress is to assemble, be compiled and printed under the direction of the Secretary for the Department of State. And, to enable him to form such Register, he, for his own department, and the heads of the other departments, respectively, shall, in due time, cause such lists as aforesaid, of all officers and agents, in their respective departments, including clerks, cadets and midshipmen, to be made and lodged in the office of the Department of State. And the said list shall exhibit the amount of compensation, pay and emoluments, allowed to each officer, agent, clerk, cadet and midshipman, the state or country in which he was born, and where employed. 2. Resolved, That the Secretary of the Navy subjoin to the list of the persons employed in his department, the names, force and condition, of all the ships and vessels belonging to the United States, and when and where built. 3. Resolved, That five hundred copies of the said Register be printed; and that, on the first Monday in January, in each year when a new Congress shall be assembled, there be delivered to the President, the Vice-President, each head of a department, each member of the Senate and House of Representatives of the United States, one copy of such Register; and to the Secretary of the Senate, and the Library of the United States, at the seat of the Government, to be used like other books in that library; and that the residue of the said copies be disposed of in such manner as Congress shall, from time to time, direct. 4. Resolved, That, for the information of the present Congress, such Register as aforesaid, be prepared and distributed as aforesaid, on the first day of its next session. (Approved, April 27, 1816.) RULES OF THE SUPREME COURT (Without date.) Ordered, That it be made a rule of the court that the commissions of the clerks of court be recorded in the Supreme Court, and that all letters of res ignation, or other matters relative to clerkships be filed in said court. Ordered, That it be a rule of the courts that persons applying to be admitted as counsel, who have been admitted as either counsel, or attorney in any court of the United States, or in any court of any State, or any Terri tory, or in any court of any foreign country, shall be admitted as counsel and attorney on satisfying the court of such facts. Ordered, That it be a rule of the court that persons applying to be admitted as counsel and attorney, who have never been admitted before, shall be requested to wait on the judge or judges at his or their chambers to satisfy him or them of their pretensions. Ordered, That it be a rule of the court that previous to every stated term the clerk shall deliver to each judge, without fee, and to each counsel, who may request it, at the general fees of twelve and one-half cents for every one hundred words, a statement or docket written or printed, of all the cases depending in court, made out in a short form, that is to say, stating first the number of the cases, and then the surname of the plaintiff, or of the first plaintiff, when there is more than one, followed by the word "and" and the sirname of the defendant, or of the first defendant, when there is more than one. Space shall be left on each docket for additional cases. A public docket of the same form shall be made, without fee, for the use of suitors, witnesses, jurors, and others, and placed in a conspicuous place in the chamber where the court is held, at a distance from the bench, as to give no interruption to the court. Penal and criminal cases, motions, petitions, and all other cases shall be docketed amongst the others in the order in which they occur, giving precedence in all cases to the date of their institution respectively. The clerk shall also keep a record docket in which the number of cases, with the names of parties, and minutes of the counsel who appear, of bail and witnesses, and of all orders, judgments, or other transactions relative to any case, shall be stated in a short mode; there shall be a careful index to such docket for every year. Ordered, That it be a rule of the court that at the commencement of each term the cases shall be called in the order of the docket, that is to say, giving the precedence to the date of their institution respectively. The plaintiff shall say in the first instance, if he be ready, and then the defendant shall say; if neither be ready, the case shall be continued or postponed by consent; if one be ready, and the other not, the court shall determine if there shall be a continuance or a postponement, whether at any and what costs. Cases postponed shall be called again at the close of the others, but if the parties be previously ready, or the court so directs, they shall be tried without waiting for the close of docket. No preference shall be given to cases in which the United States or the Territory are parties, but every case without distinction shall be tried as soon as it can be made ready for trial, giving the preference to the date of its institution. Ordered, That it be a rule of the court that in arguments of cases univer sally the plaintiff shall commence, whether he has the affirmation or not; if there be more counsel than one all shall be heard, and such as do not participate in the discussion, shall be considered as waiving their rights. When the plaintiff has concluded the defendant shall be heard in like manner. The plaintiff shall then be heard in reply. Any counsel may be heard in support of any particular motion in the same manner and order as in the arguments of the cause, whether such counsel participates in the general argument or not. Any counsel desirous of being heard out of order, shall make a special application to the court for such purpose, and shall comply with the direc tion of the court, as to the point or points to which his argument is to be restricted. The utmost freedom of discussion shall be allowed to counsel in their arguments, but personal reflection not pertinent to the matter in discussion shall not be permitted. Counsel shall not interrupt one another, but errors in matters of law, or misrepresentations in matters of fact shall be corrected after a counsel shall have concluded his arguments. While a counsel is in his arguments, no business shall be introduced unless it be a matter of urgent necessity stated to, and permitted by the court. Parties desirous of being heard in their own cases, shall be heard in the same manner as counsel, and a party may be heard in arguments of his own case notwithstanding he may have counsel, and without abridging the right of the coun sel. The party having the affirmative shall commence the evidence and counsel may in all cases previous to the opening of their evidence make a statement of the case. Ordered, That it be a rule of the court that the minutes be read every day at the commencement of the sitting, and then signed if they are complete. Ordered, That it be a rule of the court that cases not disposed of, be considered as continued though a special entry of the continuance shall not be made. Ordered, That it be a rule of the court to commence its sitting on the first day of the term at twelve of the clock noon, and on the other days to sit from eleven in the forenoon until three in the afternoon, unless the court for particular reasons may order otherwise. Ordered, That it be a rule of the court when rule to plead for other pur poses, are laid, to give in all cases four days, unless the court for particular reasons may order otherwise, and the days shall be counted by computing the day succeeding the rule to be the first day and omitting the first day of the year, the fourth day of July, all Saturdays in cases of Jews, and all Sundays in cases of Christians, and such other days as by religious principles of the party affected, are not allowed to be proper for the transaction of secular business. All motions in arrest of judgments, and all motions for new trials |