The New Hampshire Gazette And Historical Chronicle

Continuation of the Remarks on the Stamp-Act
inserted in this Paper of Sept. 6th and 12th.

Our last Observations on the STAMP.
ACT concluded with taking Notice of the
Appointment of a Supervisor of the Stamps,
to be used in the Courts of Law, and some of the
Consequences which would necessarily follow.
But what was there hinted, is far from being the
worst -- other Effects more fatal, will inevitably
result from the sovereign Authority of this Officer.
Every one knows, that the Business of Courts is
projected, and in a great Measure prepared out of
Court. Writs, Declarations, Pleas, and other
Processes are generally drawn in the several Offices
or Studies of Attornies & Lawyers, and serve a cer-
tain fixed Number of Days before the sitting of the
Court, to which they are returnable; and will be
drawn, at the Discretion of the Draftsmen, with
such Stamps as they think agreeable to the Act.
When they appear in Court, this Controller Ge-
neral, says this Writ, Summons, &c. which is re-
turned with a 3 Penny, should bear a 12 Penny
STAMP (for it must be supposed, they will at
least have their different Prices mark'd on them if
they are all of one Figure) if the Court or the Party
or any others dispute the Point with him, where
is it to be decided? In the Court of Admiralty,
no doubt with great Deliberation, with a due
Mixture of Justice, Equity, and Moderation.
Or if the Court concedes, and the Party or his
Lawyer says, we are ready to pay the Difference,
Between the two Stamps, if his Eminence should
be content, may not the Defendant plead, this
Writ or Process is void and must be quashed. be-
cause " it is not Stamped according to the Statute
in that case provided"---but if he should not, up-
pose the Supervisor, (which is most likely to be
the Case) should insist that paying the Difference
is not the Thing, the Act of Parliament is
evaded, if the proper Stamps are not used, and in
Fidelity to his Royal Master (the usual Cant in
such Cases) he must see that the Act was duly
obeyed, of which the promiscuous Use of the
Stamps would be a direct Violation; -- and
therefore the Proceedings are Nullities ; and if this
should be disputed with him by the Plaintiff, it
must be decided at the Grand Tribunal aforesaid.
The only Resource then left to the Demandant,
will be to pay the Defendant his Cost, clear off
his own Expence, and begin de novo-- and take
Care that he is right next Time.--But unless he
keeps a good Understanding with this Superin-
tendant, his next may be called wrong too, (and
in so large a Field for Disputation, much may be
Said on both Sides) and after much Disquisition at
the aforesaid Judiciary. it will be settled as sure-
ly it ought to be, that so great an Officer in his
Majesty's Service, is certainly right, for his
Appointment to the Office, must be considered
as plenary Evidence of his Understanding and Ca-
pacity,--at any Rate the Issue will be--much to
be feared.
And which will be cheapest to the Party, the
final Sentence here, or the Harmony to be main-
tained as aforesaid, must be at present Matter of
very difficult Speculation. And without this Con-
cord (tho' with Belial) few Persons will venture
the Expence of a Law-Suit even to recover a just
Debt.--Or this Appointment will eventually be
equivalent to a Licenser of Law Suits.--And
how long there can be any such Thing as parti-
cular Property, or any one can call any Thing his
own, where that is the Case, let every one Judge
for himself.- Besides, If all concerned, were dis-
posed to do their utmost, to carry this Act into
Execution, by paying the Duties imposed, there
is so much Room for Wrangle, Chicane, and
Subtance, about the Meaning of it, * that--no-
thing but the Decrees of the Court of Admiralty
on every Case that may happen, will be able to
explain it with Precision. This amazing, dis-
tressing Ambiguity and Confusion must of Course
make People sick of the usual Method of recover-
ing their Rights, and obtaining Redress of Grie-
vances and all such Attempts will cease. Whether
Justice will then run down our Streets as a Stream,
or the Course of it be stopped-- Time will discover.
And thus we must spend all we have, to
learn the Meaning of this just and equitable ACT.
as some affect to style it. and in Effect it de-
stroys all our Property if we don't pay Obedience
to it. Either Way we must be reduced to a State of
Slavery, and without Property in the Goods we
possess.
This will be unavoidable from the Extent of
this Act : For tis not only these forensic Affairs
that are so heavily charged, but all Kinds of Bu-
siness whatsoever in some Step or other of them,
are to be incumbered with Stamps: And some
excessively high: As for Instance, here the Duty
paid for a Licence to Retail Spirituous Liquors.
used to be about half a Dollar-by this Act it is
charged at 20s for the Stamp,exclusive of the Office
Fees, and if the Licence is for retailing Wine on-
ly, the Stamp Duty alone is £4. str. The Penalty
for selling without Licence. here by an Act of
Assembly was Five Pound--Bills of Credit, equal
to fifteen Shillings Sterling, or thereabouts. By
the Massachusetts Act, it was about 3s Sterling,
which was thought pretty severe ; but by this
merciful Act the Penalty for selling less than a
Gallon at once without a stamped Licence, is
Twenty Pounds Sterling--See the different Tem-
pers of the respective Legislators !--Every Certi-
ficate of a Degree taken in any University, Ac-
ademy, College, or Seminary of Learning, a
Stamp Duty of Two Pounds--Grants of Liber-
ties. Privileges under the Province Seal, or under
the Seal or Sign Manual of the Governor. &c.
which includes New Townships, Parishes. &c.-
a Stamp Duty of Six Pounds-Mighty Encourage-
ments to Learning & increasing new Settlements.
These, and many other Particulars in this Act,
demonstrate the Exorbitancy of the Duty in ma-
ny Instances, even if it could be otherwise Judged
reasonable, as every Thing that can be thought
of among a Trading active People, is subjected
to this Duty, all (a Trifle perhaps excepted) falls
on the Industrious, the diligent, and busy Part of
the Inhabitants of every Place. And those in
every Place are People in the middle State of Life,
and downwards to the lowest Poor. And as the
Poorer Sort are more numerous than those of any
other Condition, when this Act takes Place,
they it seems must pay the greatest Part of the
Duty. What Duty is laid by it on Men who live
on their Means ? the Income or Profit of
whose Estates without engaging in Business can
support them in Affluence and Ease ?- What on
any of the Superfluities and Luxuries of Life,
except playing Cards and Dice ?--NOTHING.
[ To be continued. ]
The following Articles are extracted from the
STAMP-ACT. very necessary to be known at this
Time, that all Persons concerned may govern them-
themselves accordingly.
AND be it further enacted by the Authority
aforesaid, That no Matter or Thing whatso-
ever, by this Act charged with the Payment of a
Duty.shall be pleaded or given in Evidence, or ad-
mitted in any Court within the said Colonies and
Plantations, to be good, useful, or available in
Law or Equity, unless the same shall be marked
Or Stamped, in pursuance of this Act, with the
respective Duty hereby charged thereon, or with
an higher Duty.
Provided nevertheless. and be it further enacted
by the Authority aforesaid, That if any Vellum,
Parchment, or Paper, containing any Deed,
Instrument, or other Matter, or Thing, shall not
be duly stamped in pursuance of this act, at the
Time of the Signing, Sealing, or other Execution,
or the Entry or Inrollment thereof, any
Person interested therein, or any Person on his
or her Behalf. upon producing the same to any
One of the Chief Distributors of stamped Vellum,
Parchment, and Paper, and paying to him the
Sum of Ten Pounds for every such Deed, Instru-
ment, Matter, or Thing, and also. Double the
Amount of the Duties payable in respect thereof.
Shall be entitled to receive from such Distributor,
Vellum, Parchment, or Paper, stamped pursuant
to this Act, to the Amount of the Money so paid :
a Certificate being first written upon every such
Piece of Vellum, Parchment, or Paper, ex-
pressing the Name and Place of Abode of the
Person by or on whose Behalf such Payment is
made, the general Purport of such. Deed, Instru-
ment, Matter, or Thing, the Names of the Par-
ties therein, .and of the Witnesses (if any) there-
to, and the Date thereof, which Certificate Shall
be signed by the said Distributor ; and the Vellum,
Parchment, or Paper, shall be then annexed to
such Deed, Instrument, Matter, or Thing, by
or in the Presence of such Distributor, who shall
impress a Seal upon Wax, to be affixed on the
Part where such Annexation shall be made, In
the Presence of a Magistrate, who shall attest such
Signature and Sealing ; and the Deed, Instru-
ment, or other Matter or Thing, from hence-
forth shall and may, with the Vellum, Parchment.
or Paper, so annexed, be admitted and allowed in
Evidence in any Court whatsoever, and shall be
as valid and effectual as if the proper Stamps had
been impressed thereon at the Time of the Sign-
ing, Sealing, or other Execution, or Entry, or
Inrollment thereof: And the said Distributor
shall, Once in every Six Months, or oftener if
required by the Commissioners for managing the
Stamp Duties, send to such Commissioners true
Copies of all such Certificates, and an Account
of the Number of Pieces of Vellum, Parchment,
and Paper, so annexed, and of the respective
Duties impressed upon every such Piece.
And be it further enacted by the Authority a-
foresaid, That if any Person shall forge, counter-
feit, erase, or alter, any such Certificate, every
such Person so offending Shall be guilty of Felo-
ny, and shall suffer Death as in Cases of Felony.
without the Benefit of Clergy.
AND be it further enacted by the Authority
aforesaid, That if any Register, Publick
Officer, Clerk, or other Person in any Court a
Registry, or Office within any of the said Co-
lonies or Plantations. shall, at any Time after
the said First Day of November, One thousand
seven hundred and sixty five, enter, register, or
inroll, any Matter or Thing hereby charged with
a Stamp Duty, unless the same Shall appear to be
duly stamped ; in every such Case such Register.
Public Officer, Clerk, or other Person, Shall, for
every such Offence, forfeit the Sum of Twenty
Pounds.
And be it further enacted by the Authority a-
foresaid, That if any Person or Persons, at any
Time after the said First Day of November One
thousand seven hundred and sixty five, shall write,
ingross, or print, or cause to be written, ingross-
ed, or printed, in the said Colonies or Plantations,
or any other Part of His said Majesty's Do-
minions, either the Whole or any Part of any
Matter
Matter or Thing whatsoever in respect whereof any Duty is payable by this Act, upon any Part of any Piece of Vellum, Parchment, or Paper, whereon there shall have been before written any other Matter or Thing in respect whereof any Duty was payable by this Act; or shall fraudulently erase, or cause to be erased, the Name or Names of any Person or Persons, or any Sum, Date, or other Thing, engrossed, written, or printed, in such Matter or Thing as aforesaid; or fraudulently cut, tear, or get off any Mark or Stamp from any Piece of Vellum, Parchment, or Paper, or any Part thereof, with Intent to use such Stamp or Mark for any other Matter or Thing in respect whereof any Duty shall be payable by virtue of this Act; that then, and so often, and in every such Case, every Person so offending shall for every such Offence, forfeit the Sum of Fifty Pounds.