The New York Journal, And Weekly Register

HOUSE of ASSEMBLY.

Wednesday, Feb. 7.

THE house met pursuant to adjournment.

Read over the minutes of yesterday.

And the two following engrossed bills were read, and passed.

1st. An act concerning sheriffs, and the service and return of process.

2d. An act concerning coroners.

The house resolved itself into a committee of the whole, on the bill, entitled, "an act for the prevention of vexatious suits and arrests."

Mr. Doughty in the chair.

The bill was read over, and considered by paragraphs. On the clause to prevent the practice of extortion by the sheriff and his officers, upon prisoners, before they were lodged in gaol, and ordering them to take no more for wine, bread, &c. than what was reasonable, to be determined by the next justice of the peace, or court of quarter sessions—

on this clause a short debate ensued, whereupon the question was put to the clause, and agreed to, as was the whole bill, &c. the committee rose and reported the same.

Ordered, That the bill be engrossed from the report.

A message from the senate was received, requesting the concurrence of the house, in appointing a committee to meet a committee appointed by that body, for the purpose of considering on the most eligible means to inform the Six Nations of Indians of the territorial line, &c. agreed upon between this state and the commonwealth of Massachusetts, also to prepare an answer to an Indian message which has been received. For which purpose Messieurs Taylor, Malcolm, Purdy, Jones, and Harper, were appointed.

Adjourned until to-morrow.

Thursday, Feb. 8. The house met pursuant to adjournment.

After reading over the minutes of yesterday, the following engrossed bills were compared, and passed by the house.

1st. An act for the prevention of vexatious suits and arrests.

2d. An act for the more easy pleading in certain suits.

3d. An act concerning wrecks of the sea, and giving remedy to merchants whose goods be robbed, or perished by the sea.

A message from the senate was received, informing, they had passed the bill concerning costs, &c. but proposed some small amendments;

Upon which the house took into consideration the amendments, and agreed to all but the one, which related to persons recovering costs from public officers or others who sued on behalf of the state, but should lose their action.

Mr. Jones observed, that it would tend to discourage public officers from performing their duty, as they would by the amendment be liable to pay costs to the person they should sue, provided they did not succeed in the suit.

He knew there appeared a hardship in the case, but it had ever been the practice, however, he submitted it to the sense of the house, but should himself vote against the amendment.

After some consideration among the members, it was determined that the proposed amendment was improper, and the house could not agree to it.

Whereupon the bill was returned to the senate, and that body receded from the amendment which had not been concurred in by the assembly.

The committee to whom was referred the petition of George Fisher, reported, that they had considered his case, and recommend that the attorney general be directed to suspend the action now instituted against him, until effectual relief can be afforded him.

The house now resolved itself into a committee of the whole, on the bill, entitled, "an act declaring what offences shall be adjudged treason, and regulating trials in cases of treason and misprision of treason." Mr. Armstrong in the chair.

After reading and considering the bill, making some amendments, alterations, and transpositions, and striking out such paragraphs as related to individuals, counterfeiting the great seal, and other things improper in a republic.

The committee agreed to the bill and reported.

Ordered, That the bill, as amended, be engrossed from the report.

The house resolved itself into a committee of the whole, on the bill, entitled, "an act concerning murder."

Mr. Hedges in the chair.

On that part of the bill, which required, that women, who clandestinely were delivered of children, and the same die, or be born dead, the mother within one month thereafter, should before a magistrate be obliged to produce one witness at least, to prove, that the child was not murdered;

and in default of concealing the same, to be deemed guilty of murder.

Mr. Hamilton observed, that the clause was neither politic or just, he wished it obliterated from the bill :—to shew the propriety of this, he expatiated feelingly on the delicate situation it placed an unfortunate woman in, who might by accident be delivered still born; from the concealment of the loss of honor, her punishment might be mitigated ;

and the misfortune end here. She might reform and be again admitted into virtuous society. The operation of this law compelled her to publish her shame to the world—it was to be expected therefore, that she would prefer the danger of punishment from concealment, to the avowal of her guilt.

He thought it would involve courts in a delicate dilemma; the law would have no good effect as it would generally be evaded; such circumstances would be viewed leniently.

Mr. Jones advocated the clause ; it had been long in use in the British statutes, and was calculated for benevolent purposes, in as much as it tended to prevent the commission of crimes repugnant to the principles of humanity.

He was replied to by Mr. Hamilton in terms of great cogency:—the former reasoning in some measure, repeated and explained.

The question was at length put, and Mr. Hamilton's motion agreed to.

After proceeding through the remainder of the bill, the committee rose and reported, that they had gone through the same, struck out one clause and added another, and made several amendments, all of which were agreed to by the house.

Adjourned until to-morrow.

Friday, Feb. 9. The house met pursuant to adjournment, and compared the engrossed bill concerning murder, which being found accurate, it was agreed that the bill do pass.

The house resolved itself into a committee of the whole, on the bill for the relief of Arthur Noble, and others.

The intention of this bill was to enable the commissioners of the land-office to convey to Mr. Noble two townships of ten miles square, at one shilling per acre, for the purpose of settling Irish emigrants.

On considering this bill by paragraphs, some conversation arose, in which General Malcolm, Colonel Hamilton, and Mr. Jones were the principal speakers.

General Malcolm was of opinion, that the law should be so modelled, as that when Mr. Noble settled his lands, the conveyance he would make to the settlers, should be clear and without reserve;

that they should be citizens, and freeholders. He made these remarks with a candour and disinterestedness, that evinced him to be acting from principles of justice and equal liberty, he remarked the danger of creating an aristocracy, by giving too much power and influence to any man. He wished Mr. Noble to be encouraged, but that those who came with him might also reap the fruit of their industry. He therefore moved for an amendment.

Mr. Hamilton and Mr. Jones, were both of opinion that there should be no limitation or stipulation in the bill : it was not within the province of the house to interfere at present, between Mr. Noble and those whom he might induce to come with him from Ireland. Mr. Noble had been naturalized, he could hold lands. The others were foreigners, were not known, and could not therefore make purchases. It might be proper hereafter to make a provision, but was not so now.

Mr. Hamilton observed, that Mr. Noble was a gentleman of fortune, whose ambition was to improve a great waste tract of our country, and that he ought to have every encouragement the state could give.

General Malcolm wished the bill to be postponed. He moved for a postponement, his motion was seconded, the question taken and lost.

The question was then put on the bill, and carried in the affirmative. Engrossed.

Adjourned until to-morrow.

Saturday, Feb. 10. The house met pursuant to adjournment.

The following bills were brought in, engrossed, compared at the table, and passed.

1st. An act for the relief of Arthur Noble and others.

2d. An act concerning appeals for felony.

3d. An act for the punishment of the vice of buggery.

4th. An act for preventing and punishing rapes, and the forcibly taking of women.

5th. An act touching the bailment of persons.

6th. An act for the better apprehending of felons.

The bill, entitled, "an act to regulate the election of charter officers of the city of New-York,"

was read a second time, and ordered to be committed to a committee of the whole house.

As was the bill, entitled, "an act for granting to the United States in Congress assembled, certain imposts and duties on all foreign goods imported into this state, for the purpose of discharging the debts contracted during the late war."

Eleven other bills were read.

A message from the senate was received, informing, that they had passed two of the bills which had already been agreed to by this house.

Adjourned until Monday.

Monday, Feb. 12. The house met pursuant to adjournment.

This day 23 petitions were presented, read, and referred to different committees; among which was—A petition from 800 citizens and inhabitants of the city of Hudson, respecting the erection of a court-house and gaol, and referred to Messieurs Paine, Harper, Strang, Patterson, and Schuyler.

A petition from Matthew Cock, to be reinstated in his property, was read; and Mr. Paine observed, this man has been to Nova-Scotia, to obtain £800 of the British commissioners for his loss, but had returned disappointed, and now applies to this legislature; he conceived the petition to be an affront and indignity upon the house, and hoped it would be ordered to lie on the table.—Which the house agreed to.

The bill, entitled, "an act for the better securing the liberty of the citizens of this state, and for prevention of imprisonment," was brought in, engrossed, compared at the table, and passed.

Nine bills were read a second time, and committed to the whole house.

Adjourned until to-morrow.

Tuesday, Feb. 13. The house met pursuant to adjournment, and proceeded to examine the amendments proposed by the senate to the bill concerning counsellors, attorneys, solicitors, and proctors.

One of which amendments went to permit the usual fees, &c. in all suits or actions which now are or may be commenced before the first of May next, until their final conclusion.

This was opposed by Mr. Jones, as thousands of actions might be commenced by that time, and would tend to prevent the full operation of the act, and particularly defeat its purpose in reducing the fees and expenses in civil process.

On which the house refused to adopt the amendment.

Mr. Hamilton waited informally upon the senate, and returned with the determination of that body ;

who adhered to the amendment, and assigned as the reason, that it was hardly possible the distant parts of the state could be informed that the law existed, by the first of May, so that suits might there be commenced between this time and that period, upon the same terms and regulations as now ; and it was improper to alter the regulations until the parties had been previously informed :

Whereupon the house concurred in the amendment.

A message from the senate was read, informing they had passed some bills with small amendments, with which they concurred.

A message from the council of revision, respecting the bill concerning probates, proving wills, and granting letters of administrations, was read, assigning their reasons for disapproving this bill, they stated that it was in direct contravention of one section of the constitution, and that it was directly so of the 4th section, which says, that no new court of law shall be instituted, that is contrary to the practice of common law.

The committee on the petition of those citizens of this state who have loaned their money during the late war, in Hartford, praying this state to take those monies on loan, and put them on the footing of other citizens, who loaned their money at the continental loan-office in this state,

Reported, That the prayer of the said petition be not granted.

Mr. Paine could not approve of the report, for he thought every citizen had a claim to equal privilege with others, and therefore could not consent to exclude them.

Mr. Hamilton thought it a subject of some moment, therefore to gain time for examining into its merits, he moved that the report be postponed, which the house agreed to.

The committee on Catharine Livingston's petition, reported, that the state ought to receive their debt from her in loan-office certificates.

Mr. Hamilton did not approve of extending partial relief, many others might be in similar circumstances, and he wished the bill to be brought in on general principles, as by this means, the house would avoid being troubled with repeated particular applications.

Mr. Jones observed, this could be done when the bill came before the house.

So the house agreed to the report.

The house resolved, that Mr. Loudon be directed to print 250 copies of the election law, and that they be distributed through the state.

Adjourned until to-morrow.

Wednesday, Feb. 14. Read over the minutes of yesterday.

The following bills were brought in engrossed, compared at the table, and passed.—An act to amend the charter of incorporation for the relief of widows and children of clergymen in the communion of the church of England, in America.

An act concerning tenure.

An act concerning uses.

The house took into consideration the objections of the council of revision, to passing the bill, entitled, "an act for settling intestate estates, proving wills, and granting letters of administration."

Mr. Jones spoke largely in defence of the bill ; he endeavoured, by comparative reasoning, to prove, that the bill was not unconstitutional in any respect;

should we admit this, we must admit, that the legislature had not the ability to give effective power to a court of judicature in any case where the powers of courts should be defective. He here explained the power meant to be given to the courts of probate, that of enabling them to make the administrators settle their accounts, and empowering them to make division on distribution of the assets, in the hands of such administrators, and to compel payment: for want of which coercive power the operations of the court had become defective, &c.

The court possessed, at present, the power of deciding, and the bill only went to supply them with the power of executing; therefore he moved that the bill be passed into a law notwithstanding the disapprobation of the council of revision.

Mr. Hamilton did not oppose Mr. Jones's motion, but confessed that some few objections had occurred to him, which might, however, be reconciled to the constitution. What is meant, in the constitution, by the phrase "common law?" he considered this phrase in its extensive and strict sense, and concluded, that to give new jurisdictions to old courts, not according to the course of the common law, was as much an infringement in substance of part of the constitution, as to erect new courts with such jurisdictions. To say the reverse, would be to evade the constitution.—But though I view it as a delicate and difficult question, yet I am inclined to think, that the more extensive sense may be fairly adopted ; with this limitation, that such new jurisdictions must proceed according to the course of those courts, having by the common law cognizance of the subject matter.

The question was now called and put, will the house adhere to passing this law,

And it was determined in the affirmative.

Adjourned until to-morrow.

Thursday, Feb. 15. The house met pursuant to adjournment, when the following bills were brought in engrossed, compared at the table, and enacted.

1st. An act to reduce the laws concerning wills into one statute.

2d. An act concerning the proof, acknowledgment, and registering of certain deeds and conveyances therein mentioned.

3d. An act to regulate the election of charter officers in the city of New-York.

And then, agreeable to the order of the day, the house resolved itself into a committee of the whole, on the bill for giving certain imposts and duties to the United States in Congress assembled.

Mr. Hamilton was the only zealous advocate for the deserted requisitions ; nor was the lengthy speech of this gentleman even replied to by the other party, notwithstanding he was one hour and twenty minutes in delivering of it.

The question was now put, and the bill rejected by a majority of fifteen.

Adjourned until to-morrow.

Friday, Feb. 16. The house met pursuant to adjournment; when one bill, and twelve memorials and petitions were read for the first time : among the petitions—A petition of Jacobus Bogart and five others, and in their behalf signed by 29 inhabitants of Orange county, was read. Mr. Paine moved, that it lay on the table for the perusal of the members. Mr. Jones moved for a commitment. Mr. Talman observed, that he knew the persons whose names were mentioned in the petition, he could inform the house from undoubted authority, that one of the petitioners, in the late war, was of a party that went from New-York to Closter, in Bergen county, plundered and burnt part of that settlement, and murdered a man of 90 years of age, helpless and unable to resist—they could not have acted by orders, as appeared from their conduct, and went in a body only for their mutual safety—he concluded, the petitioners were not proper objects to meet the favor of the house.

Mr. Jones withdrew his motion; and the house were unanimous in not committing the petition.

General Malcolm read in his place, a resolution, which he gave notice he would move for next morning. He gave this notice that the members might be prepared on the subject.

The resolution was to this effect.

Resolved (if the honorable the senate concur herein) That a committee of the senate, and a committee of this house be appointed to prepare a draft of instructions to the delegates of this state in Congress, directing the said delegates to move in Congress for an act, recommending to the states composing the union, that a convention of representatives from the said states, respectively, be held, and meet at a time and place to be mentioned in such recommendation, for the purpose of revising the articles of confederation and perpetual union, between the United States of America; and reporting to the United States in Congress assembled, and to the states respectively, such alterations and amendments to the said articles of confederation, as a majority of the representatives met in such convention shall judge proper, and necessary to render them adequate to the preservation and government of the union.

Adjourned until to-morrow.