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320 CONG.....20 SESS.

The Homestead BillMr. Dodge, of Iowa.

SENATE.

The

those now constituting the galaxy of the American wise to screw it up to the utmost, or even to suffer bidders name, and by the authority of Abbys Mirza, King of Per. Union.

to enhance, according in their eagerness, the purchase of sia, offers to those who shall emigrate to Persia, gratuitous

objects wherein the expense of that purchase may weaken grants of land, good for the production of wheat, barley, Mr. President, the homestead bill, so called,

the capital to be employed in their cultivation.

The prin

rice, cotton, and fruits, free from taxes or contributions of comes to us with a strong indorsement from the cipal revenue which I propose to draw from these unculti any kind, and with the free enjoyment of their religion, the people's Representatives. It passed the House, valed wastes, is to spring from the improvement and popu King's object being to improve his country.” after having been before that body for nearly lation of the kingdom; events infinitely more advantageous

The object here stated by the Persian King, to to the revenues of the Crown than the rents of the best seven years, during which time it was considered

landed estate which it can hold."

“It is thus I improve his country, is one worthy to be observed and discussed in nearly all its aspects and bear would dispose of the unprofitable landed estates of the and imitated. Shall this Government, the creature ings. It is emphatically a measure of progress,

Crown: throw them into the mass of private property; by and one which I think, if enacted into a law, is which they will come, through the course of círculation, wise in its policy, and less generous to its citizens

of the people, and made for their benefit, be less and through the political secretions of the State, into well destined to produce benefits to our whole country. regulated revenue."

"Thus would fall an ex than the despotisms of the Old World, or the RepubIn examining the objections which have been pensive agency, with all the influence which attends it.” lics of the New? I trust not! Land was given, not urged against this measure, I am astonished to

But I have higher authority than even that of sold, in that country which was the peculiar care perceive that they are but a repetition of those England's great statesman. We

e are commanded of God. “God gave the earth to the inhabitants which were made against every preëmption and in that book which should be the rule of life for || thereof." The promised land was a gift to the graduation bill that has ever been brought before all, not to glean either the "sheaf,” the "grape,' children of Israel; one dollar and twenty-five Congress since the commencement of our land the "olive," or the "corners of the land.

cents the aore was not demanded for it; nor the system; and yet, at this day, so great has been soil of a country is the gift of the Creator to his actual cultivator expelled from his home, if he the triumph of correct principles, that few, if any, creatures, and in a government of the people, possessed not the two hundred dollars to pay down can be found who will raise their voices against that gift should not become the object of specula for the one hundred and sixty acres, and his home preemption or graduation. Try this measure in

tion and monopoly. I am strongiy of the belief sold, under the hammer, to the highest bidder;. its practical workings for but a few years, and that these donations will work great good both to land was then the gift of God to man, and to like results, I venture to predict, will be produced. the Government and the people. All other Gov. woman also; for the daughters of Manasseh were This homestead bill is but a just tribute to agricul. ernments have made them. The domain of the permitted to inherit and partake of the bounty of ture-chat first, noblest, and God-favored calling United States is the only one, I believe, for which ihe Giver of all good. of man. It is the only measure at all likely to pay was ever demanded in gold and silver, before Mr. President, to show the evils of the present come before Congress for the benefit of those who it could be settled and cultivated. Different was land system, I call your attention to a letter from till the earth for a support; and this consideration, the conduct of other Governments, and even that the Commissioner of the General Land Office reof itself, is sufficient io commend it to my support. of the States owning land: Kentucky, Tennessee, specting the State of Missouri. From this letter it It will not only be an evidence of the favor with and one third of Ohio, and a considerable portion is seen that that State contains a superficial area of which Congress views the cultivation of the soil, | of Georgia-if my information be correct, were about 65,037 square miles, or 41,623,680 acres; of but it will tend greatly to increase the number of settled by free grants of land. Upper and Lower this quantity 17,125,174 acres have been sold, and those engaged in that pursuit, thus augmenting Louisiana, and the two Floridas, as I have before 188,901 acres absorbed by Spanish and French the productions of our country, and the comfort, | remarked, were settled by gratuitous donations grants, leaving 24,309,605 acres unsold upon the independence, and happiness of our people. Some from the Kings of Spain. Since those countries 30th day of June last, according to the Commisthink that it will destroy the receipt of all reve have become ours, the early settlers, to whom these sioner's statement now before me. nues from the public domain. In this opinion I grants were made, have been harassed and an Under the present wretched system of disposing do not concur. Indeed, I may say, I fear they noyed by having their titles contested by the Uni of the public lands, the first sales in Missouri took are mistaken; for I have long been of the opinion | ted States officers in the courts, and in every other place in 1818. Thus, if it has taken thirty-four that the best interest of the Republic demand an conceivable manner. Very different has been the years for the Federal Government to sell 17,125,abolition of the auction or private sales of the policy of the conterminous and other Govern 174 acres, by the same ratio, estimating by the public domain, and that it should be conveyed ments on this continent. Are not the British rule of proportion, it will také forty-eight years only to those who design to settle upon and im- | lands in Canada given at this day to all who will to dispose of the remaining lands in that State. prove it. The gigantic and ruinous speculations come and take them? In 1825, the British Parlia The 24,309,635 acres, divided by 160, the quantity in the public lands in 1835–'36, to which I have be

ment, with a view to the strengthening of a remote given to each settler under this bill, would add to fore alluded, can never be forgotten in the history | province, appropriated £30,000 sterling (nearly the population of the State 151,935 land-owning of this country. It was in the year last named

$135,000) to pay the expenses of emigrants moving and tax-paying inhabitants. that the late distinguished Secretary of the Treas to Canada. Look at what Mexico and Texas In Michigan the state of things is even worse, ury, R. J. Walker-then a Senator from Missis

have done. They have given land in immense as is seen from the following letter of the Commissippi-brought forward a bill in this body to put quantities to any one who would go and take it sioner of the General Land Office: an end to all speculation in the public domain, within their limits. It is a well-known historical

GENERAL LAND OFFICE, February 25, 1853. and to restrict its sale to actual settlers and culti- fact, that a large number of our citizens abandoned Sir : In reply to your inquiries of this date, I have the vators. It was the measure of a statesman, and, this, the land of their nativity, and the freest

honor to inform you that the first public sale of lands in if it had been adopted, would, I humbly con

Michigan was made in the year 1818. From that date to Government on earth, many years since, about

the 30th June last, a period of thirty-four years, there was ceive, have wrought great benefits to our whole the time that Austin went to Texas, and accepted sold and located by land warrants 9,858,670 acres. On the country,

the landed bounty of foreign, and at that time des 30th June last there remained undisposed of the quantity of The fact, so often mentioned, that a poor man potic Governments--their own offering none.

19,679,811 acres. Estimating the future by the past, it will can now buy one hundred and sixty acres of land

In the West Indies, and all over South America,

require, to dispose of this remaining land, a period of about

sixty-eight years. for $200, is, according to the conceptions of my the same liberal system of disposing of the public With great respect, your obedient servant, mind, no objection to this bill. There are many domain has prevailed. I read from a decree of the

JOHN WILSON, Commissioner. thousands of families in this country-good and Republic of Colombia, dated June, 1823:

Hon. A. C. DODGE, U. S. Senate. deserving people-who never saw the day, and “The Senate and House of Representatives of the Re

These are but fair samples of the injury inflicted never will see it, when they will have that sum, public of Colombia, united in Congress, considering : 1st.

upon the West by the present system. Is there or the half, or the fourth of it, ready to pay down That a population, numerous and proportionate to the terri any Senator so dead to the interests of Missouri for a quarter section, an eighty acre, or a forty tory of a State is ihe basis of its prosperity and true greatacre tract. I further give it as my earnest belief, neas; 2nd. That the fertility of ihe soil, the salubrity of

and Michigan as to wish to prolong this state of ihe climate, the extensive unappropriated lands, and the

things? that no one hundred and sixty acres, in a state of free institutions of the Republic, permit and require a nu.

To show how much the advantages of this bill nature, on the extreme verge of civilization, is merous emigration of useful and laboring strangers, who, by are overrated, I call attention to the fact, that a few worth $200 to him who buys for no other purpose improving their own fortunes, may augment the revenues of the nation, have decreed :

years since we passed a law granting to settlers than settlement and improvement. I think the

" That foreigners emigrating in Colombia shall receive

in Oregon, free of cost, and on condition of setile policy of holding on to the public domain, with a

gratuitous donations of land, in parcels of two hundred ment and five years'occupancy, much larger quanview to extorting the last dollar from the cultiva lanegas (about four hi dred acres) to each family. That tities of land than are proposed to be given by this tor, unwise and impolitic. I can quote eminent it may be chosen in the midille or the mountainous districts, in the regions favorable to the production of sugar, coffee,

bill; and yet you find the people, owing to the authority to show that it is so.

Hear the great
cocoa, indigo, rice, cotton, wheat, barley, rye, and all the

abundance of money, caused by the discovery of Edmund Burke, who said, in the British Parlia

varieties of fruits, both of tropical and high latitudes. That gold in California, asking a repeal of the restricment:

five years' cultivation shall entitle a foreigner to naturaliza tion, and that they be permitted to pay for their "A landed estate is certainly the very worst which the tion. That $1,000,000 be appropriated in aid of agriculture,

lands. Such a law has been passed during the Crown can possess."

« All minute and dig.
to be distributed in loans to industrious farmers."

present session, and those settlers now have their persed possessions-possessions that are often of indeter Such was the conduct of the free Republics of option of purchase or conditional gift. I only reminale value, and which require a continued personal at South America. All of them did the same;-but fer to this circumstance to show that the conditions tendance-are of a nature more proper for private managemeat than for public administration. They are fitter for

it is unnecessary to cite their numerous laws to the care of a frugal land steward than of an office in the that effect. Throughout the New World, from imposed by the homestead bill are rigorous, and

are so regarded by its beneficiaries-those at State."

“If it be objected that these lands, at Hudson's Bay to Cape Horn, (with the single ex least of them who are so fortunate as to accumupresent, will sell at a low market, this is answered by

ception of these United States,) land, the gift of late the means necessary to pay for their claims showing that money is at a high price. The one balances the other. Lands sell at the current rate, and nothing can God to man, is also the gift of the Government to before the expiration of the five years. sell for more. But be the price what it may, a great object those who will improve it. This wise policy has The constitutional power to pass the homestead is always answered, whenever any property is transferred not been circumscribed to the New World-it has from hands which are not fit for that property to those that

bill I regard as clearly conferred. Its language is: are. The buyer and the seller must mutually profit by such even prevailed in Asia.

"Congress shall have power to dispose of, and make all a bargnin; and, what rarely happens in matiers of revenue, The King of Persia published, in the London Deedful rules and regulations respecting, the territory of the relief of the subject will go hand in hand with the profil newspapers in 1823, a proclamation, from which Other property belonging to the United States." of the Exchequer." * ". The revenue to be derived

I read: from the sale of the forest lands will not be considerable

What more needful rule and regulation could be as many have imagined ; and I conceive it would be un. “ Mirza Mahomed Baul, Embassador to England, in the established than settlement and cultivation. And

*

32D CONG.....20 Sess.

The Homestead Bill-Mr. Charlton.

SENATE.

made donations to an enormous ambune enthe ate cannot yield my assent to the principles in

considering the sources whence our governmental | main guard; and I do this the more readily, as, of land, his unhallowed foot shall never tread this revenues are raised, what more beneficial one doubtless, we shall have the homestead bill before sacred soil. His land may be barren, it matters could be devised ?

us at the close of the session, when it will be too not; his children may be starving, it is of no consepower, Congress has recently | late to

quence; he may, by his experience and knowledge

of agriculture, be the very person for the cultiva. soldiers of the Mexican war; to those of the war volved in this bill. I do not think that sound tion of this rich soil-all this cannot be listened to. of 1812, the war of the Revolution, Bonaparte's policy, true political economy, or the great inter He may be a native born, whose father's blood exiled marshals and soldiers, to General Lafayette ests of our country are at all protected or preserved helped to purchase the freedom of our country; he -o say nothing of the sixteenth and alternate- by it. Not questioning for a moment the motives may be a naturalized citizen, who has proved his section grants to States and companies.

of those who advocate it, I consider that its pas. | devotion to our free institutions by daring valor of a population of over twenty-three mil- | sage is well calculated to demoralize the very class or indomitable energy; still the answer that will lions of inhabitants in the United States, the head | whose benefit seems to be its main object. I be meet his ear will be, You have already land; you of the Census Bureau, in reply to a request of lieve that it will lend a helping hand to idleness, can have no more. He offers to sell his parental mine, has furnished me with an esimate approxi- | profligacy, and vice, and that it will throw a homestead, even which, to advance his childen's mating accuracy of the number of real-estate own temptation in the way of honest, industry, which interests, he may be willing to abandon;this act ers in the United States, which he fixes at two may turn its feet aside from the path of useful still declares he shall not participate in its benefits, millions three hundred and thirty-two thousand ness and success in order that it may obtain a gift while it gives no other reason for the exclusion nine hundred and nineteen; and this, I presume, that will be worthless when it is procured. If I than the single and unmeaning one that he has land is about the number.

am right in these opinions, it is the duty of us all already. Mr. President, there never was a measure so to defeat the measure before us.

If I am wrong

Now, if the true motive of this bill were to abused, so misrepresented, so vilified, as has been in my conclusions, I have the satisfaction of cultivate the soil, and to promote agriculture, one the homestead bill. In the first place, a large por- | knowing that nothing that I can say can pervert would think that these objects would be obtained tion of the country has been made erroneously the judgment of the older and better” legislators by allowing this class of men, who had shown their to believe that its grants are made to foreigners, around me.

energy and success, to participate in the benefits, and we of the new States have been told that its I propose to state, very briefly, the reasons for and to extend the circle of their usefulness. Cerenactment would bring hordes of foreign paupers my convictions; and my first objection to it is, tainly some limit might be made, so as not to upon us.

Like every measure of progress and that whilst it seems to be founded upon the agra thrust aside the mere nominal holder of a few reform, it is fought with all sorts of rawhead and rian principle, that each man shall share equally feet of soil. But let us proceed., This act is inbloody-bones argument which can be invented. le in the public lands, and that this Government is tended, say some of its advocates, for the aid of there any public man who has the courage to dare but the trustee for its citizens, yet it does not carry the poor man-to give him a start, and to throw to propose a repeal of the naturalization laws of out the very idea that is its basis; it is unequal || around him the comforts of a home. But how this country? I opine not. I take it that Native in its operation; it gives the public domain only to does this appear? This act includes only those Americanism is so dead that it will never kick those who have no land at all at the time of such who have no land. There are hundreds of thou. again. Then, if that be true, and these foreign- || application, and who will swear that they have not sands in this Republic who, while they own no ers come to us in the numbers in which they do, I disposed of any land to obtain the benefits of this soil, have their gold and silver and jewels, their ask you, in the name of God, what will you do act. Why these provisions? Why exclude the bank stock, their notes of hand, and other perwith them? Will you keep them in your cities?

– || honest laborer, who, by the sweat of his brow, had sonal estate. They are wealthy and prosperous; will you keep them where they are denied the purchased his farm and erected his homestead? they may nevertheless come and take their quaropportunity of cultivating the soil of the coun Why, in the division of the spoil amongst the cestui cer section. How is this act, then, only meant for try?-or will you hold out to them a generous que trusts, thrust aside the successful tiller of the the poor man? It will be said, that no man of inducement, such as the homestead bill does, and ground-the experienced cultivator? Why give wealth will come; but that is no answer. He may such as all Governments on this continent have the common property only to him who, by his | if he will the law does not exclude him; but held out? The British on the north, and the Mex- | idleness had never obtained his tract of land, or by the law does exclude the poor man who has no ican and South American Republics on the south, his extravagance, or folly, or inexperience had personal property, but a little soil of his own-it have invited and attracted foreigners. Will you | wasted it? Is this to encourage agriculture and matters not how little. Poverty is not the testnot rather choose to elevate their condition by in- | other branches of industry, which the title of this ownership of land is. viting them to the magnificent and fertile plains of act declares to be its object?-or is it not to waste But, sir, if this objection were out of the way, the West, upon which they can settle, and their | the country's treasures upon those who had hith- it would not change my views. I do not like ihis daughters and sons grow up and be useful and erto been too idle to acquire property, or too un bait that is thrown out. I do not like this begin. respectable? It is within the range of human prob- || skillful to make it useful? It seems to me that the ning of a system that seeks to array one class of ability that under the spirit and genius of our proper course, if any such distribution must take our country against the other that suggests to the institutions and the glorious provisions of our Con- | place, (which I exceedingly deprecate,) would be poor man that he alone is the owner of the soil. stitution, some of the descendants of these much io give equally to all. The indigent man may I do not like the under current that steals under abused and hated foreigners may attain even the have become so without his own crime or folly; the apparent tide of sympathy. Let me not be Presidency of these United States. In your legis- | but what have these done the successful, the in misunderstood, sir. I am not one of those who lation touching the public lands, you seem to have || dustrious, the honest, that they should be ex look upon penury as a crime. In many cases it forgotten that population as well as soil is neces cluded? Why should you put a penalty on thrift, is the decree of Providence : "The poor ye have sary. You forget the lesson taught by a Greek, || and reward only the man who has had neither the with you always, was as well the assertion of and elegantly paraphrased by a British, poet: industry nor skill, in this favored land, to shelter a truth as the announcement of a prophecy. So « What constitutes a State ?

his “landless head” from the storm? No success it has ever been, and so will it ever be; and he is Noi bigh-raised battlement nor labored mound ful answer can be given to these questions, unless but a traitor to the best interests of humanity and Thick wall mor moated gate ;

we are advancing to the opinion that all property his country who does not do what he reasonably Nor cilies fair, with spires and turrets crowned; Not bays and broad armed ports,

in land is a robbery, and that he who has already can to alleviate the sufferings of those less fortuWhere, laughing at the storm, rich navies ride! obtained a portion, though it may be by honest nate than himself; and poverty and suffering are Not starred and spangled courts,

industry, shall have no more,—an opinion which appeals that this Republic of ours has always an. Where lowbowed baseness wafts perfume to pride. No! men ! high-minded men!

I trust no one here entertains, and no one here will swered to. Witness its hospitals, its asylums, Men who their duties know, . advance.

its charitable institutions. Witness its succor to But know their rights, and knowing dare maintain, But it will be said, he that has already an estate | Greece and to Ireland. Witness its outstretched Prevent the long aimed blow,

in land needs no more; we wish to supply him arms to receive every one upon whose neck the And crush the tyrant when they burst the chain.

who has none; we wish the soil to be cultivated; iron heel had pressed. These constitute & State,"

we wish agriculture to be improved; we want to But there are lawful ways of showing sympathy,

give a start to the poor man, and to throw around and there are unlawful ones—and this system is THE HOMESTEAD BILL.

him the comforts of a home. We want to con an instance of the latter. Besides, sir, you en

vert this barren domain into a beautiful garden courage poverty by this plan. You reward it, in SPEECH OF HON. R. M. CHARLTON, | spot, and to change, by the magic power of the the first instance, though it may have been the OF GEORGIA,

spade, the hoe, and the plow, the noxious weed into result of vice or sloth; you protect it, you perpetuIn the Senate, February 24, 2853,

the life-sustaining plant. We want to make the ate it, by making the property you thus bestow,

desert blossom like the rose, and to make the un not liable for any debt which may be incurred for Against the principles of the Homestead bill.

trodden path of the prairie the highway for vast five years; and whilst you leave the fruits of the Mr. CHARLTON said: Mr. President, I had | multitudes of freemen. All this sounds well; but ground subject to legal process, you take away proposed to address the Senate upon what is often if it is said that this act is goingoto accomplish all the inducement to produce more than is barely called the homestead bill; and as I understand that or any of these things, I am afraid that, like most sufficient for sustenance. You encourage reck. the amendment now pending before this body has such romantic and poetic sentiments, there is more lessness and idleness; you stereotype the indolence been made to come as near to that as it is practi- beauty of diction than there will be truth in fulfill and want of foresight which you found in a more cable, under the existing rules of the Senate; and ment. Let us take them up in their order, and imperfect state. Mr. President, I know that pove as I understand that this is to be but the entering hold them up to the candle of reason.

erty is no crime, not always; but I know that idlewedge, but the beginning of a system which will You begin, as I have already said, by excluding ness is, and ever has been; and I know that povend in the homestead hill, I will take the liberty the man, whatever his ability, whatever his indus erty which is the result of idleness, is something of attacking the true system, and not the false one try, whatever his honesty and experience, who worse than a misfortune. “He that will not work, that is apparently

presented before us. I think owns a single acre of land a single acre will ex neither should he eat," is the language of inspiit is a good rule, in civil as well as in military war- clude him. No matter how poor he may be, if he ration. In this free country, where honest effort fare, to attack the vedettes before you come to the li has either the misfortune or crime to own a rood and brawny arms always meet encouragement and

1

32D CONG..... 20 Sess.

The Homestead Bill-Mr. Charlton,

SENATE.

reward, there are few healthy " heads of fami- require of us; whether the title, glorious as it is should give to all branches of industry by my lies” who cannot earn the support of themselves -liberal in its promises, beautiful in its hopes, engine would be exceedingly brief. The story of and children; and if they are not healthy, believe will not be betier without the incumbrance of the the wise men of Gotham, who went to sea in a me, sir, the great interests of agriculture will not body that is lacked to it, and whether we had not bowl, would be reënacted in its brevity and its be promoted by giving them in charge to the puny better strike out all that comes after its enacting catastrophe—the difference being, that whilst they strength of the diseased frame. Human nature is clause, leaving that and its title to stand, monu went down, myself and crew would go up-a dissufficiently prone to inertness. You do not do mentum perenius ære, of human wisdom and hu tinction without any very solid difference. And I your duty to your country by encouraging it. In man genius?

think, so far as moral effect is concerned, a similar dustry has its own reward; stimulate it, do not But now, seriously, let us look this title in the fate would await me in the management of my retard it. Let the young man feel and know that face. Apart from its dogmatical assertion, where “quarter section;" my doom would be more prowith it the highest honors of his country are within is the proof that by passing this act you will en tracted and more painful, but just as certain. For the range of his effort, and let him feel and know courage agriculture alone, much less all other I believe myself, and the rest of mankind who are that it is his duty to himself and to his country to branches of industry? The idea is, that by making professional men, know about as much of the manmarch forward with untiring energy to the attain every man a farmer, you improve the condition of agement of steam-engines as of quarter sections, and ment of honor and of usefulness. The walls of this your whole country; and by improving the con that we are about as fit in the one as in the other Chamber have often echoed to the eloquent words of dition of the whole country, you necessarily will to encourage agriculture, commerce, manufactures, those who have worked their way up from honest improve all branches of industry, as the welfare and all other branches of industry. I do not think, poverty by their energy and industry, who might of the whole embraces the welfare of all its parts. therefore, that you encourage agriculture by this this day have been the miserable tillers of a “quar- | Now, I deny both the premises and the conclu bill; but if you do, you certainly do not encourter section," if such a bait had been held out to sions. I deny that it will improve agriculture; and I age all other branches of industry. It is true, to them; if such a miserable cheat had deluded their deny that by improving agriculture, you must ne a certain degree, that agriculture, when kept withminds.

cessarily, or even naturally, improve all other in its legitimate limits, has a tendency to improve But still, it may be said that this bill, although branches of industry.

the commerce of a nation; whether it improves its highly objectionable in niany other respects, has a I suppose I must not say that agriculture is a manufactures is a more disputed point. So far is good principle within it, which should silence all || science, although in a subordinate sense it is cer it from being necessarily so, that we find the agricavils. It is intended to encourage agriculture- tainly so. No one can be a successful tiller of the cultural and the manufacturing interests constantly that great measure so important to the best inter- | ground without a thorough training, and an en arrayed against each other in this country,-one ests of our country; and not only that, but it is to larged experience. He must know the climate, asks for free trade and the other for a protective encourage commerce, next in importance to this the seasons, the nature of the soil, the influence tariff. our land; the grain, the fruit, the cotton, the of the weather, the seed, the plow, and the sickle; But be that as it may, you certainly do not intobacco, the whisky, (last not least,) will be borne and this knowledge cannot be obtained intuitively, crease or encourage all other branches of industry, beneath our country's flag to all parts of the nor got by becoming the owner of a “quarter if you lure away from their successful pursuit world, through the means of this bill. Nor these section" gratuitously. In my part of the country the skillful and energetic men who have hitherto alone: manufactures will be improved by it. The there is a large class of men who earn an ample adopted them. Our country needs the practical skillful artisan will become more skillful by its livelihood by becoming superintendents of large and competent mechanic, as well as the agriculinfluence-how, nobody knows. We must take planting interests. They devote their whole lives turist. What will we do, without the shoemaker, that on trust; but still, in some way, this will be ito acquiring and increasing their knowledge on the carpenter, the tailor, the blacksmith, &c.? the result, and the benign blessings of this act will this subject. No one is rash enough to believe Will it improve all these branches of industry to be the medium. These are certainly great objects; that by buying, or owning, or inheriting a tract of take away from them those who follow them for a no one can deny that. But, say the advocates of land, he acquires an appendant knowledge of the livelihood, and send them to cultivate land? Plenty this measure, none of your faint praise, none of mode of cultivating it. But this act proceeds of these will remain, you answer. But it is not your garbled laudation; look again at the title of upon an assumption that the land and the science the policy of this law that they should remain. che bill; it does not confine itself to the encourage of agriculture go together; that as soon as you All that you could do to get them away, you have ment of agriculture, commerce, and manufactures,

make your

entry"' you are equipped " as the done, not only by your free gift of land, but by but also to “all other branches of industry. law directs,” with all the necessary qualifications the argument you have addressed to them in the That is true; true so far as the title is concerned. to encourage agriculture;” and so you are, so title of this aci, by the assurance you have given Wonderful act! a kind of physical vice versa Pan far as the law directs, but not as common sense to them, that by turning their attention to this new dora's box, that is to let loose upon this regener directs. By some mental, electrical, governmental field of labor, they will encourage all other branches ated earth such a multitude of blessings! Do not power, the moment “ the head of a family"“en of industry. I ask you, therefore, if the policybe skeptical, Mr. President. Do not fall back ters free of cost one quarter section of vacant and if the bearing of the law is the true one? And the upon the incredulous query of old-How can unappropriated public lands," the whole science of only way you can answer me is by the assurance these things be? Do not talk about the exploded agriculture is flashed into his brain, and he be that the law will not have the effect it professes maxims of political economy. Do not ask how comes a fit and proper person “ to encourage to have; that though it invites all, it courts all to the encouragement of agriculture necessarily in- || agriculture, commerce, manufactures, and all other come without any exceptions—that although it cludes the encouragement of “all other branches branches of industry;" What though such holds out brilliant promises of wealth and useful. of industry.' These things can be done-80 person be an aged widow, with maiden davgh ness to all who do come, yet that very few will they are done-by this bill. I beg pardon-by ters; a rheumatic man, with neither children, come in point of fact, and only those who are the title of this bill; for there is nothing in the friends, or money; a blacksmith, who has never skillful agriculturists. Well, why not give it, then, body of it that either declares or promotes any seen a field of corn; a seaman, who could not to skillful agriculturists? What kind of law is it such universal benefit. And how, do you ask? tell cotton from tobacco, (I mean in the growth;) that says one thing and means another? Why by the simplest method in the world. And a politician, whose only knowledge of rye is Mr. President, I do not know whether you have what is it? The title describes the process, viz: derived from the whisky distilled from it;it noticed it, but as I have no doubt you are a keen “by granting to every man who is the head of a is all the same—the whole science, with its con observer of human nature, I think you must have family a homestead of one hundred and sixty comitant blessings and benefits, is conferred upon noticed, as I have, when walking the principal acres of land out of the public domain.” This is him instanter; and the only condition imposed avenue of our metropolis, a man with a magnifthe short, the sure, the glorious way “to en is, that he must not hire or sell the land to any icent head upon his shoulders and a very decrepit courage agriculture, commerce, manufactures, other person, who has acquired the science by the body. If you have extended your researches as and all other branches of industry.'

slow and regular way, but he must reside on it far as I have, you have noticed the reverse of this; as I have said, the body of the act does not state, and cultivate it himself, for the “ encouragement you have seen a man with a magnificently-framed much less prove, how these benefits, great and of agriculture.” Truly, (to speak sarcastically,) body and with a very ricketty head. I do not gigantic as they are, will accrue; but then we this is a wonderful law; truly, (to speak serious know how it has struck you, but I have always know that the body of the act is never intended | ly,) it is a ridiculous one. Test it by another way: been irresistibly inclined to take a sharp cimetar to express the intention of the lawgiver; it is the As this law, by the benefits it is said to promote, and clip both heads off, and put the good head on title, and the title alone, to which you are to referencourages all species of industry, suppose we try the good body, so as to make one perfect man of to ascertain all the objects, and benefits, and “the the same experiment with one of these branches the two, and throw away the balance to be dealt ways and means” of accomplishing them. When of industry; suppose we enact a law with a mag with as the law directs. "That, to be sure, would Mathews, the celebrated wag, was here, he told nificent title, declaring it to be an act to encourage be murder, and I do not suppose that either you a story of a Yankee, whom, on his first landing, the successful and safe working of steam-engines, or I would be inclined to indulge in such an innohe encountered, and who, with characteristic "agriculture, manufactures, and all other branches cent amusement, considering the consequences frankness, informed him that he was about com of industry," by granting to every head of a fam which'might result, although we might think we piling an American jest-book. Mathews met ily a forty-horse.steam-engine at the public ex. had benefited mankind by taking away two dewith him some two years afterwards, and asked pense, upon condition of personally working and crepit species of humanity, and in their places him how he progressed with his great work, and managing the same for a certain period. We claim getting a perfect one. We cannot, however, inhe answered, Gloriously; it is almost done. I to be intelligent men here-doubtless most here dulge this propensity, because the law suspends a have got the index and the title-page, and only want are; how long do you think, Mr. President, your penalty o us; but without any bloodshed, I the body of the work." And Mathews tells this lengine would be in successful operation? How think we might do that in reference to the project as a joke. A joke indeed! Look at the title of ong do you think that mine would encourage before us--I mean the homestead bill. this act; magnificent in its views, overwhelming manufactures and all other branches of industry? The honorable Senator from Alabama (Mr. with its prophecies, and then tell me if the title be How would you like to trust yourself on a voyage CLEMENS) has submitted informally an amendnot the best, the greatest part of it: whether, when with any one of the learned Senators around you? ment, which is to come in at the end of the homewe once have given our high legislative sanction You can answer that question at your leisure. stead bill, which is a proposition for a graduation to it, we have not done all that our country can For myself, I answer that the encouragement I law. What I want to do is not to cut off this

It is true,

321 CONG.....20 Sess.

The Fee Bill-Mr. Bradbury.

SENATE.

acre.

magnificent head from this bill, but to put the February 28, 1799, which is the basis of the present I have not the time to allude now to all the proposition of the Senator from Alabama, not at system, contains but a partial and imperfect fee abuses that prevail in other respects. I hold in the end of it, but just immediately after the title. bill. For attorneys, it prescribes the fees in admi my hand an official report from the First CompI would not disturb that title for the world. I do ralty cases only, with a per diem for attending troller's Office, which shows that a clerk in Misnot think that in the next century there will be court, and a small annual salary; and for services | sissippi charged more than $3,000 for his per diem found any combination of talent that will put, in not specially provided for, it allows the same com in attending court in three old bankrupt cases, from the six lines composing this title, such an amount pensation to attorneys and marshals as is allowed February, 1846, to November, 1849; an amount of magnificent promises and such a speedy elec- || by the State statutes to attorneys and sheriffs for that is greater than the whole average annual extrical result as follows immediately afterwards. I similar services rendered in the supreme court of penditures for the United States judiciary in the think it is unique, and ought not to be disturbed. the respective States. For clerks, in addition to great State of Georgia. In another district, a clerk That is the magnificent head. The body I look the per diem of five dollars for attending court, it charged his per diem for some ninety-two days upon as exceedingly decrepit, and I think if the adopts the same rule, with one third added to the more than the whole time the court could have graduation system of my friend from Alabama amount. It will hence be seen that the compensa- || been held. could be adopted, it would come in admirably after || tion of the officers, and the costs taxed in civil It is to correct the evils and remedy the defects this head. If the bill were legitimately before us, suits, is made to depend in a great degree on that of the present system, that the bill has been prethat would be the amendment which I would pro- || allowed in the State courts. There are no two pared and passed by the House of Representatives. pose to make. States where the allowance is the same.

It attempts to simplify the taxation of fees, by preThis graduation system was commented on and When this system was adopted, it had the || scribing a limited number of definite items to be advocated by Mr. Calhoun and other wise legis- il semblance of equality, which does not now exist. | allowed. It is not in all respects such a bill as I lators and eminent statesmen, and I do not think There were then but sixteen States, in all of which would have preferred, but it is believed to be an there can be any reasonable objection to it. I do the laws prescribed certain taxable costs to attor- improvement upon the present system. I think it not think any man can object if he can purchase | neys for the prosecution and defense of suits. In would be a still greater improvement to substitute by his own industry, at a merely nominal sum, the several of the States which have since been added for district attorneys fixed salaries, proportionate public land of the country. It is the duty and the to the Union, no such cost is allowed; and in to their services in the different districts, in place policy of the Government to dispose of the public | others the amount is inconsiderable. As the State of the fees now received. There would be no difjand as soon as practicable. If it cannot receive fee bills are made so far the rule of compensation ficulty in ascertaining such an amount as would be $1 25 per acre, after the lapse of so many years, in the Federal courts, the Senate will perceive that it should fall in price so much per cent, and so on,

a fair and adequate compensation in the respective totally different systems of taxation prevail in the districts, and the advantage to the Government of until it gets down to twelve-and-a-half cents per different districts. In some, the district attorney having officers to look after its interests, not de

If I were a poor man I would rather own receives no compensation beyond his small salary pendent upon the multiplication of processes and an acre of land by the payment of twelve-and-a and per diem for a large portion of his most im suits to secure a fair compensation for their serhalf cents, and would feel myself more independ- l portant services; while in others his fees are enor vices, must be obvious to every one. ent and more of a man than I would by taking a mous, and the amount of cost which the losing The amendments recommended by the Senate quarter section of land from the public for noth- | party is made to pay to the attorney on the other committee are, with one exception, designed to ing, clogged with the restriction that I could not side in civil suits, is so large as to be flagrantly remedy defects in the bill where fees were omitted, sell, but that I must live upon it and cultivate it oppressive. It is not only the officers of the or placed too low to be compensatory for the sermyself. I think the true policy of this Govern courts, but the suitors also, that are affected by vice rendered. Experience will undoubtedly prove ment is to dispose of the public land as soon as it the present unequal, extravagant, and often op the necessity of further amendments. It is becan, at the prices which it can get for it, falling i pressive system.

lieved, however, that the bill will remedy the enorgradually as the lapse of time admonishes us that Take, for example, the case of the district attor mous abuses to which I have referred, that have the lands are not wanted, or are not rich in their neys. In some of the States, where no taxable grown out of the indefinite and unequal system character.

costs are allowed to attorneys, a large amount of that now prevails. The increased and increasing I had intended to go into the constitutional ar business has been thrown upon the district attorgument on the subject, but I do not wish to delay | neys, in the settlement of land titles in which the

expenses of the courts of the United States may

be accounted for, in some degree, by the growth of the Senate any longer, particularly as the Senator United States were interested, and no compensa these abuses, as well as by the natural increase of from Mississippi has paid particular attention to tion whatever can be allowed to these officers for business before the courts. These abuses attach to that branch of it, and I will therefore not trespass their services in such cases. In other States, where the system, and not generally to the courts. I will further upon the Senate at this time.

a different system prevails in the State courts, ad refer the Senate on this subject, to a statement fur

equate, and even extravagant fees are allowed for nished by the First Comptroller of the Treasury, THE FEE BILL.

the same services. So, too, in criminal cases, great in a communication to the Secretary of the Inte

inequality prevails. In Georgia, for instance, the rior, under date of November 21, 1851. Here it is: SPEECH OF HON.J. W. BRADBURY, || district attorney's fees for attending to a criminal Statement showing the aggregate amounts of erpenses of OF MAINE,

prosecution are five dollars; in Pennsylvania they courts of the United States paid out of the judiciary fund, are six dollars; in New York, charges have been

with the salaries and compensation of the marshals and IN THE SENATE, February 12, 1853, made to the amount of three, four, and five hun

district attorneys added thereto, for specified periods from On the bill to regulate the Fees and Costs in the dred dollars for precisely the same services. In

1791 to 1851, and the average amount paid annually; Circuit and District Courts of the United States.

also, the incrense per centum of population, and expenses Virginia a still different rule prevais, and twen of courts, from the year 1800 to 1851. Mr. BRADBURY said: Mr. President, this ty dollars are usually allowed for an indictment, bill is designed to accomplish an important object, and from fifty to one hundred dollars for attending

Aggregateamounts and I hope it will not be defeated, or its efficiency to a criminal prosecution, under a discretionary

of expenses of

courts of the Unidestroyed by amendments. It seeks reform where authority given to the court to determine the com

ted States paid reform is very much needed; and while I ask the pensation in the districts in that State.

out of the judi

Average friends of the measure not to allow its defeat by The abuses that have grown up in the taxation

ciary fund, with

paid anamendments, I will avoid bringing about the same of attorneys' fees which the losing party has been

compensation of

nually. result by too much speaking on my part. A few compelled to pay in civil suits, have been a matter

the marshals and remarks may be necessary, and I will be as brief of serious complaint. The papers before the com

district attorneys as possible. This bill comes to us from the House; mittee show that in some cases those costs have

added thereto. and having been confided to my charge by the com been swelled to an amount exceedingly oppressive From 1791 to 1793... 3 €34,875 86 $11,625 28 mittee of the Senate to whom it was referred, I to suitors, and altogether disproportionate to the From 1794 to 1799... 6 153,497 97 25,582 99 have felt it to be my duty to urge its consideration magnitude and importance of the causes in which

Years 1800 and 1801. 2 upon the Senate.' Beyond this, I have no other they are taxed, or the labor bestowed. I have a

From 1802 to 1805...

174,443 69 43,610 92 From 1806 to 1809..

299,908 89 solicitude than that which should be common to

74,977 22 bill before me where, upon a recovery of some From 1810 to 1813... 4 22,640 49 70,660 12 every Senator. $36 damages in a case of no complicated or expen

321,030 69 80,257 67 The bill is designed to regulate the fees and com sive litigation, the attorney's fees are swelled with

468,748 99 117,187 24 pensation of district attorneys, marshals, clerks, I motions, orders, briefs, and attendances, &c., to

513,700 90 128,425 22 From 1826 to 1829...

598,333 62 149,583 40 commissioners, jurors, and witnesses in the circuit more than $240, and the clerk's and commission Years 1830 and 1831. 2 403,865 03 204,432 51 and district courts, of the United States, and to er's fees are nearly $100 more. This was all taxed From 1832 to 1837... 6 1,559,161 49 259,860 24 prescribe the costs which shall be taxed and re against the losing party, who was thus compelled

Years 1838 and 1839. 2 642,703 43 321,351 71 covered in these courts against the losing party in

Years 1840 and 1841. 2 747,390 26 373,695 13 to pay for the services of the attorney employed From 1842 to 1847... 53 2,555,427 77 464,623 23 civil suits. The bill has, then, two objects in view; || against him. This was in the southern district of Years 1848 and 1849. 2 938,446 05 469,223 02 and a brief reference to the existing state of things, New York; and I notice it to illustrate the fault of Year 1850

513,428 20 and the flagrant abuses that have grown up under

Year 1851

564,854 04 the system, and not as matter of censure of the court

616,279 89 the present system, will demonstrate the necessity for administering the law under such a system. Increase per centum of population, and expenses of the of some measure of the kind. Jurists of great eminence have made these abuses

courts since the year 1800. There is now no uniform rule either for com the subject of complaint, and they urge upon us pensating the ministerial officers of the courts, or

Year. Population. Increase. Expen. of courts. Increase. the importance of providing a remedy. I have anfor the regulation of the costs in actions between other bill of costs:before me, allowed in an admiralty

Per cent.

Per cent. private suitors. One system prevails in one dis case in Florida, some years ago, in which there is

5,305,925

$42,214 00 trict, and a totally different one in another; and in

9,638,131

117,187 24 taxed against the libelant, who failed to sustain some cases it would be difficult to ascertain that his libel, more than $5,000; of this sum $2,500 is

12,866,920 1840 17,063,566

373,695 13 any attention had been paid to any law whatever for the counsel fees of the prevailing party! Com 1849 22,000,000

469,223 02 1,011 designed to regulate such proceedings. The act of ll ment on such proceedings is unnecessary.

23,000,000

564,854 04 1,237

amount

PERIODS.

No. of years.

the salaries and

84,428 79

42,214 39

4

From 1814 to 1817... 4
From 1818 to 1821... 4
From 1822 to 1825... 4

4

1 1

1800
1820)
1830

204,432 51

81 142 221 314 333

177 384 785

1 1850

320 CONG.....20 Sess.

The Fee Bill-Mr. Bradbury,

SENATE.

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term, 1849.

I now refer to another table showing the expenditures in the different districts:

UNITED STATES Indicted for perjury, prior to April Statement of the amounts (erclusire of fractions of a dollar) advanced and paid to marshals to pay the expenses of the

circuit and district courts of the United States respectively, during the undermentioned years, being for six months of Mr. Hall charges as follows:
the year 1813, and for the fiscal years 1841 to 1851.*

Date.
Items.
June. May.

April

1849— Retaining fee, $8 00 ; Districts. 1840. 1841. 1842. Hf. '43. 1844. 1845. 1846. 1847. 1848. 1849. 1850. 1851. warrantofattorney, 37 x 98 37% $8 37 kn 88 37%

Motion for trial, 33 00; at Maine....

torney and counsel and $10,023 98,835 94,96] $3,000 $11,223 98,552 $13,500 99,500 911,002 $5,257 $7,944 $9,321

motion to New Hampshire.. 3,000 8,701 5,065 1,500 3,000 2,300 2,899 2,000 2,000 1,600 2,892 3,335

postpone,

6 00 $300...

6 00 6 00 Massachusetts.

18,031 17,596 27,000 12,000 22,995 30,000 14,950 20,744 61,687 55,000 35,000 100,360 Connecticut.. 6,000 7,450 6,400 1,500 4,100 1,498 1,680 2,900 2,825 2,655 2,602 3,939

Brief, attorney and coun.

9 00 9 00 Rhode Island 7,979 6,33) 6,566 2,500 4,000 4,700

sel fee, prepared...

9,380 11,000 4,000 9,800 10,357 6,000 Verinont. 700 1,108 1,200 800 1,1:20 2,900 2,261 1,100 1,700 2,200 1,168 1,226

Drawing costs, copying,

1 75 1 75 1 75 New York, northern dist..

and attorney's taxes....
4,109 10,000 8,500
2,500 6,000 17,298 31,595 36,372 38,408 36,492 43,682 43,920

One terın fee............
New York, southern dist.. 42,000 51,820 30,000 22,050 37,405 45,000 55,172 37,788 44,000 45,700 57,525 45,000

62% 62% 62% New Jersey.. 2,300 1,363 990 2,100 1,700 1,900 2,100

4,788 2,900

Attorney and colleague, on

inotion to extend recog Pennsylvania, east. dist... 20,500 15,733 15,528 9,831 17,000 20,600 22,316 19,700 28,6933 15,379 28,000 20,500

3 00 3 00 Pennsylvania, west, dist., 7,435 18,219 11,000 9,000

nizance, (forfeited). 7,000 4,907 12,500 9,800 9,478 4,285 16,729 13,086

Other items.

25

6 50 Delaware. 1,000 1,700 650

1,465 1.675 2,235 900 806 2.625 733 1,101 Maryland.. 10,342 11,110 10,789 4,000 7,500 12,000 9,000 7,500 8,200 12,679 9,986 22,450

Total...

35 25 29 00 25 75 Virginia, eastern district.. 3,717 2.500 4,575

5.900 3,500 3,300

3.2.10 4.235 5,494 1.950 4,100 16,197 Virginia, western district.

61 25 6,720 4,800 7,836 6,500 10,652 13,000 18,667 18,894 29,372 29,214 19,150 21,850

For May and June terms, as above.. North Carolina... 1,300 1,325 1,16-1 800 2,500 1,600 800 800 1,335 1,698 1,430 2,000

July term, retig $8 37%; for 3 items above, South Carolina.. 4,000 5,450 7,100 500 4.250 4,500 5,500 3,700 3,900 5.397 6.025

4,8:26

$900--total Georgia.. 5,500 3,700 1,500 1,392 4,728 864 4,500 1,134 3,500 3,000 1,685 3,840

September term, Ist, 2d, and 3d items, same as

35 00 Alabama, northern dist.... 1,500 500 500

800 882 1,400 972

300 605

April term-total..

578 Alabama, southern dist... 5,900 3,500 8,500 4,431 4,000 6,300 4,500 8,000 5,000 6,500 4,075 9,206

October term, Ist, 2d, and 3d items, same as Mississippi, northern dist. 2,000 1,222 7,100

3,614 3,000

3,155
721 1,798 1,419

April term- total..
Mississippi, southern dist.

3,500 7,298 7,716
3,000 16,416 1,700 3,669 3,300 2,250 3,267

November term, 1st, 2d, and 3d items, same as

29 00 Louisiana, eastern dist.... 11,664 12,613 26,596

April term-total...
8,000 24,045 21,000 15,405 25,000 15,151 22,000 10,935 26,052
Louisiana, western dist...

2,700
2,917

9,000

December term, Ist, 2d, and 3d items, same as Tennessee, eastern disi... 1,437 1,800 122 600 300 450 1,159 600 700 884 2,182

April term-Total.. Tennessee, middle dist.... 4,000 3,000 4,325 1,994 4,000 3,90€ 3,016 2,712 2,121 2,500 3,833 2,790

1850-January term, Ist, 2d, and 3d items, same as

35 00 Tennessee, western dist.

301 2,000
1.600 1,400 1,074 1,000 850 1,000 1,261 1,125

April term-total...
Indiana...

3,680 853 6,510 1.000 2,000 2,400 2,700 1,825 2,398 1,450 14,180 9,000 Illinois...... 9,500 12,970 15,000 3,0001 11,975 4,612 11,000 6,045 11,352 3,700 19,594 18,412

Mr. Hall's charges at nlne terms of court. $230 50 Kentucky.. 2,000 4,498 7,500 4,100 4,000 6,000

2,000 3,000

4,900 4,425 The charges of Lorenzo B. Shepherd, the predecessor of Ohio

7,000 9,185 10,580 10,000 4,355 15,000 1,232 12,922 14,969 21,044 7,350 17,425 Mr. Hall in the same cause, are as follows: Missouri.. 3,585 8,394 5,104 9,000 9,969 10,700 7,142 5,091 6,100 4,900 8,123 12,3:36 Date.

Items.

April Arkansas.

9,177 9,264 10,090 2,500 10,989 14,213 6,470 15,514 10,300 8,000 7,716 22,173 1849-February term. Shepherd's charges, (which Michigan 15,500 19,837 13,000 5,003 15,174 18,500 6,333 9,000 9,27+ 6,612 9,155 16.000

include Ist and 3d items, 23 00 for notion Florida, districts of. 25,000 21,870 58,271 26,697 86,000, 72,993 19,969 19,177 19,117 6.995 13,954 12,212

to postpone trial; $30 00 for drawing inTexas...

6,000 8,000 13,950 10,760 10,496

dictment of 200 folios; 850 00 for engrossing Wisconsin...

4,939 15,519 12,467 7,000 9,000 15,000 31,953 25.000 24,948 2:260 7,991 6,276 and copying; and $25 00 for copies for the Iowa.. 19,000 16.011 28,300 9,5 0 23,700 45,000 29.950 26,500 4,377 3.610 3,487 361

grand jury)..

$178 93 District of Columbia.. 45,009 46,534, 55,000 40,000; 50,000 45,5001 50,000 55,000 39,403 65,000 73,000 55,526 March term, 1st, 2d, and 3d items, same as

April term above. * Though the expenses of the courts are nearly all paid by the marshals, there are some exceptions to the general rule. April term, 1st, 2d, and 3d items, same as al There have been some bills for counsel fees and other extra services, and some for the ordinary services of clerks and lowed by Mr. Hall, charged..... district attorneys, every year audited in the name of the claimants, and paid to them directly, in addition to the sums advanced and paid to the marshals, the principal and largest of which are the following, allowed by my predecessor, and Total charge taxed and paid to Shepherd for paid during the fiscal year ending June 30, 1819, to wit:

three terms........

227 124 To Thomas J. Durant, district attorney of Louisiana, for professional services rendered by him, from July 1, 1816, to June 30, 1848..

.$13,605 20 Total attorneys' sees taxed and paid for eleven To S. W. Downs, for professional services in the same district..

1.632 04
terms of court.......

517 62% To Bailie Peyton, for services in the same district, from 1811 to 1845..

12,834 56 The amount of all such payments appears annually in the published accounts of the expenditures of the Government,

Mr. Shepherd and Mr. Hall both charged for the April to which reference can be made.

term, 1819--the former $29, and the latter $25 75. To illustrate the mode in which costs are taxed || which I find in the letter of the First Comptroller 1842, which confines the taxation in criminal cases

In taxing these bills, the act of Congress of in some of the districts, and to account in some of the 26th of November, 1851, to the Secretary degree perhaps for this increase of expenditures of the Interior:

to that of the criminal fee bill of the State, is who'ly for the judiciary, I will refer to one or two cases

disregarded. The latter allows no retaining fets, and no term fees for attending to try a cause un.

less it is actually tried, and yet not less than eight Statement of the bills and items of costs charged by Prescott Hall, district attorney of the United States, and tared by

or nine retaining fees are charged in a single cause. Judge Bells, in the district court of the United States for the southern district of New York, in the causes and at

To show the different practice under the same lax the terms herein stated, to wit:

in the State courts, one of the accounts of a distrid THE UNITED STATES

attorney for one of the counties of the State of Nex On a charge of perjury in the year 1849, at the following terms: LEONARD DYER.

York, is furnished by the Comptroller. This se. count includes all the ordinary services of a tern,

including the drawing three indictments, five trials, Date. Bills and items.

June. July August. and preparation for the trial of thirteen causes; and 1849.

yet the aggregate amount for the term is $62 06. June 27, Retaining fee, 98; warrant of attorney, 37% cents..

88 37% $8 37* $8 37 X

I refer to another table furnished from the same Drawing affidavits to found warrant, 6 folios, engrossing and copy.

3 00

source, to exhibit the mode of charging adopted Motion for warrant, $3; drawing and engrossing do. $1 50..

4 50 Motion for temporary commitment..

in some cases by the clerks:

4 00 July 5, Motion for commitment of J. Pelby, a witness.

3 00

Clerk's fees for attending district court for the souther Drawing and engrossing commitment..

1 50

district of Mississippi in bankruptcy: The same as to J. B Ackernan, a witness,

4 50

Accounts of William Burns, clerk, for his per diem from Drawing subpena for examination, $l; drawing and engrossing ticket, $i 12%;

May 19, 184510 November 18, 1848, for 90 days' en and two copies, 50 cents....

2 12%

in bankruptcy. at $5 per day.. Order to marshal to bring up prisoner.

25

Four days on other business... July 13, Motion for examination..

3 00 Motion to adjourn same...

3 00 July 20, Drawing subpena for examinatio, 81 ; drawing and engrossing ticket, $1 12%: and two copies, 50 cents.....

2 62%

The whole number of days within that period was Order to marshal to bring up prisoner.. July 23, Attending examination and motion to adjourn same...

3 00

Number of Sabbaths......... July 25, Attending examination and motion to adjourn same

3 00

Number of days charged for atiendance... July 30, Drawing additional subpena ticket, and two copies, (August)..

2 62%

Number of days other than sabbaths not charged.. Order 10 marshal to bring up prisoner....

26 Attending examination, motion to adjourn to 31st, (August 1)...

3 00 3 00 Attending examination, motion to adjourn to 31s1, ( August 2)..

3 00

3 (10 Drawing indictment, 240 folios, $61 25 ; engrossing and copying, $61 25..

122 50

On the 7th February, 1846, the clerk reported to the Scenes Counsel perusing and amending...

200 ry of State of the United States that the number of af: Fair copy for grand jury, (bill dismissed)..

30 62%

cants for relief under the bankrupt act was, cases.... 23 4 affidavits of attendance of witnesses..

2 50 4 costs indorsed...

1 00 Number discharged ..... Drawing costs, copying and attending transaction..

1 75 1 75 1 75 Proceedings withdrawn in cases.. One terın see.....

62 X 62%

Abated by death of party..

Number of cases then pending.
Total........

21 05 46 37% 178 50
Amount cbarged, taxed by the judge, 1849, and certified by the clerk as legal and proper, per June term ....... $21 25
Do.
do.
per July term

46 3773

Mr. Burns charged from February 7, 1846, (the date of that Do. do. per August term...

178 50 report,) to November 18, 1848, for his attendance are Total attorneys' fees charged and taxed.....

court in bankruptcy to dispose of those three ears 62 246 1241

days, at $5 per day.......

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