Class J[li5._l 
 BookiJjS/ 
 
 tof'i 'I 
 
MEMORIAL 'AcVi 
 
 OF THE 
 
 DELEGATES 
 
 APPOINTED BY VARIOUS SECTIONS 
 
 OF THE 
 
 DISTRICT or COLUMBIA, 
 
 22d January, 1805. 
 
 Read and referred to Mr. Nicholson, 
 Mr. Thompfon, 
 Mr. Plater, 
 Mr. Lewis, and 
 Mr. Lucas. 
 
 
fill 
 
 TO THE SENATE AND HOUSE OF EEPRESENTA- 
 TJVES OF THE UNirED STATES. 
 
 1 he Memorial of Delegates appohjted by various 
 sec!io7is oj the District oj Columhia, 
 
 Respectfflly represents : 
 
 THAT their constituents, at the commencement 
 of the present session, with a view to ascertain the 
 general opinion on such objects as might require 
 the interpocition of Congress, and which by being 
 presented in one view might supersede numerous 
 petitions on subordinate points, so apt to distract 
 the attention, and unnecessarily consume time 
 claimed by national concerns, empowered your* 
 Memorialists to take into consideration the situa- 
 tion of the District, and submit whatever in their 
 opinion its welfare required. 
 
 Your Memorialists accordingly met at an early 
 period, and rtiade considerable progress in the bu- 
 siness confided to them, when their deliberations 
 were arrested by the propositions offered for a re- 
 cession of the district. As soon as a decision was 
 made upon them, your Memorialists resumed their 
 sittings, and now embrace the earliest opportunity 
 in their power of inviting the attention of the legis- 
 lature to the results of their dclibf,-ations. \x\ 
 submitting these, they beg leave to state that they 
 have refrained from noticing any objects, an atten- 
 tion to which is not at the present time of indispen- 
 sable importance to the interests of the District. 
 
 The object, which^ from its superior interest, 
 first engaged their attention, is the administration 
 of justice. By a recurrence to the laws of Con- 
 gress it apptars, that in organising the judiciary 
 
 /^-tf^^ 
 
 
( 3 ) 
 
 J3. system of the United States, fees were allowed to 
 the oPiic<srs of the courts established in the respec- 
 tive slates equal to those allowed in the supreme 
 courts thereof, widi an addition of one third, to- 
 gether with other emolumenis. The reason of 
 this liberal allowance was doubtless the high grade 
 of suits generally carried before those tribunals, and 
 the great extent of country they embraced. \\ hen 
 Congress assumed jurisdiction over this small ter- 
 ritory, the same iees, it ij presumed, from inad- 
 vertence, were allowed to the officers of the circuit 
 court of the District of Columbia, as those allow- 
 ed in the other circuits. Previous to this time, 
 that portion of the District, which at present forms 
 the county of Washington, was charged with fees 
 similar in amount to those paid in the county courts 
 of Maryland; and that portion, which now forms 
 the county of Alexandria, was charged with the 
 same fees as those paid in the county courts of 
 Virginia. By this provision the fees have been 
 incrt^ased in some instances to double, and in other 
 instances to three times the amount paid under the 
 states to which the portions of the district were 
 attached. Local and peculiar circumstances, so 
 far from creating any reason for this augmentation, 
 strongly enforce a diminution. Among these 
 are : 
 
 The small size of the District. 
 
 Its compact population. 
 
 The increased number of suits before the cir- 
 cuit court, h^om the extension of its cognisance 
 to controversies for sums exceeding twenty 
 dollars, the greater part ol which arise betw een 
 tradesmen and mechanics in moderate circum- 
 stances. 
 
 Without going into detail, it may be proper to 
 state, that where the defendant immediately on be- 
 ing served with a writ, satisfies the den\and against 
 
( ^ ) 
 
 him the costs are seldom less than ten dollars ; 
 that, in a suit where the debt is not contested, but 
 ■which is carried into court solely for delay, the 
 costs amount to thirty three dollars, even in cases 
 where the debt does not exceed twenty-one dollars. 
 In the case of an appeal from the decision of a ma- 
 gistrate on a demand of 13 dollars, which was re- 
 versed by the court, the costs incurred by the de- 
 fendant amounted to about 130 dollars, nearly one 
 third of v\ hich was in compensation to witnesses. 
 
 Your memorialists need scarcely, after the state- 
 ment of these fa6\s, and the mass of corroboratmg 
 fadts herewith submitted, say, that the exisiing 
 system presses with a Aveight upon the Distriel, 
 that threatens in a short time to destroy the indus- 
 try of the honest citizen, or drive him from it. 
 In order to remove these evils your Memorialists 
 pray a reduction of the fees of the officers of the 
 circuit court, in the county of Washington, to the 
 rates payable to the officers of the county courts 
 of Montgomery and Prince George's, in the state 
 of Maryland, at the time of the assumption of the 
 jurisdiction by Congress ; and, of those of the 
 officers of the circuit court u\ the county of Alex- 
 andria, to the rates pa} able to the officers of the 
 county court of Fairfax, in the state of \^irginia, 
 at the same period. 
 
 It is respectfully submitted, whetlier the impar- 
 tial administration of justice does not require the 
 repeal of so much of the act of Congress, entitled 
 an ad additional to and amendatory of an act con- 
 cerning the District of Columbia, as repeals the 
 act providing for the compensation of the justices 
 of the peace thereby created ; and as directs exe- 
 cution on magistrate's judgments to issue from the 
 clerk's office, and allows him a compensation there- 
 for j and likewise so much thereof as relates to the 
 compensation of jurors in the county of Wash- 
 
( 5 ) 
 
 jngton ; which repeal your Memorialists have no 
 hesitation m saying, will give general satisfaction 
 to their constituents. 
 
 Experience having proved the existence of va- 
 rious defects in the militia system, it is recom- 
 mended as the means of obviating them, and of 
 rendering tlie system more acceptal'le to the inha- 
 bitants of the District, that it be so altered as to • 
 reduce the number of musters from eight, as now 
 directed to be held, to five — that is, tiu-ee mus- 
 ters in company, one in battalion, and one in le- 
 gion ; to reduce the number of courts for assess- 
 ing fines from six, v.s now dire6\cd to beheld, to 
 four — that is, two battalion and two legionary 
 courts; to make the persons of delinquents liable 
 to arrest and imprisonment, not exccciJing twenty 
 four hours, lor each day's non attendance, where 
 property is not shewn vrhereon to assess the tii es; 
 and to devolve tiie collection of fines on the Mar- 
 shal of the District, as practised in the first in- 
 stance, instead of collectors appointed by mili- 
 tary courts, as is now the case. 
 
 Your Memorialists further request tliat valid.ity 
 may be given in the District of Columbia to letters 
 testiimentary and of administration, granted in any 
 part of tlie United States, in which the testator or 
 intestate resided at the time of his deivth ; and that 
 owners of slaves residing within the District, nuiy 
 be permitted to remove them from time to tune 
 from one county thereof to the other, without in- 
 curring any penalty or forfeiture. 
 
 Inconveniences liaving arisen from the want of 
 competent authority, to lay out and keep in repair 
 roads within the county of Washington, it is re- 
 (picsted that adequate provision be made lor this in- 
 teresting object. 
 
 Your Memorialists are duly impressed with the 
 lateness of the period of their application, and its 
 
( 6 ) 
 
 possible interference with an attention to objects 
 under the consideration of Congress : but they are 
 likewise impressed with the belief that a sincere 
 disposition exists to promote the general interests, 
 of the District, and so far as they can be ascer- 
 tained, to consult the wishes of its inhabitants ; 
 having', however, made no request, not ditlated 
 by considerations of great weight, and justified by 
 a regard for the interests of their constituents, they 
 entertain the hope that their representation will ob- 
 tain the early attention of Congress. 
 
 C. CONINGHAM, President, 
 
 N. KING, Secretary, 
 
 January 18, 1805. 
 
DOCUMENTS 
 
 ACCOMPANYING 
 
 THE FOREGOING MEMORLAL. 
 
 The Committee app-^inted on the 19 th No'oemher 
 1804, to 'whom ivas referred a resolution direct' 
 irig certain enquiries to be made respecting the 
 administration of law, and the fees allowed to 
 the officers of the district court, offer thefolloiu^ 
 tng report, as the result oj their labors. 
 
 THEY have, from Herty's Digest of the Laws 
 of Maryland, ascertained the fees payable to the 
 clerks of the county courts of the state, and re- 
 duced them from tobacco, to the currency of the 
 United states, in paper marked A. 
 
 They have also from the same source, obtained 
 the fees payable to the shcrift's in Maryland, in the 
 money of the United States, in paper marked B. 
 
 They have from the law of Congress, chap. 125. 
 sec. 1. passed on the 28 February, 1799, made an 
 extract C. of the fees allowed to the Marshal ; 
 which they have also entered in paper B. for the 
 purpose of making the comparison between them, 
 and the fees received by the sheriffs of Maryland 
 for similar services. 
 
( 8 ) 
 
 Tliry have from the same hwv, ascertained the 
 !>■' s -f the clerk of ihe district court. inextra6l 
 D. 'i'liese are entered, where for simihtr services 
 ijiihe pa-xr A. for the purpose of comparing the 
 coni])ensation of clerk of the district court, with 
 the clerks of the county courts of Maryland. 
 
 'i'he paper marked E. shews the number of suits 
 on the decciuet, at each court or term since the es- 
 ta!)li;.hinent of the county court, for the county of 
 Washington : from this it will appear that at the 
 three courts holden in 1801, quarter yearly, there 
 were appearances 763, — imparlances ' 384^ — trials 
 193, — aj)peals 8, — and criminal cases 71. At the 
 three courts held in 1802, two of which were quar- 
 ter yearly, and the third 6 months thereafter; there 
 were 1,119 appearances — 657 imparls. — 746 trials, 
 — 23 appeals, and 96 criminal cases. At the 2 
 haU'yearlv courts holden in 1803, there were 880 
 api)earai-.ces, — 723 imparlances, — 462 trials, — 17 
 appeals, and 93 criminal cases : — That at the 
 July term in 1804, there were 467 appearances, — 
 316 imparlances, — 267 trials, — 7 appeals, and 65 
 erimiiial cases. 
 
 Desirable as it is, your committee cannot ob- 
 tain •' the nature and amount of those suits, with 
 the expences attending them, and the sums reco- 
 vered," without paying a large sum in fees to the 
 clerk of the court for searches, &c. or they would 
 willingly have taken on themselves the labor of ex- 
 tracting all the information which the documents 
 would afibrd. Nor can they from the same causes 
 obtain the facts relative to cases of insolvency ; 
 and Avhich might throw light upon then- causes ; 
 and shew how i'ar it is through the instrumentality 
 of the judiciary establishment of the district that 
 they occur. 
 
 The number of criminal cases which appear on 
 the docquet may be averaged at about ninety in 
 
( 9 ) 
 
 each year, but the committee have not been able to 
 ascertain tiie amount of lines imposed. 
 
 The Marshal has been obli^inpj enouG^h to fur- 
 nish the committee with F. the nmount of compen- 
 sation paid to grand and petit jurors at March term, 
 ^802 — it being 711 dollars 75 cents. One of the 
 committee benig referred to the Marshal's office, 
 from the clerk's, for cliis information took the liber- 
 ty of asking other information at the same time, 
 which it was supposed might be obtained from that 
 source G. The application was made to the de- 
 puty Marshal at the office, as accident rather than 
 design had led him there. Although unable to ob- 
 tain the fa6ls wanted, the committee believe the 
 disposition kiy with the Marshal and deputy, to 
 furnish any information in their possession ; but 
 not having complete returns of fees, judgments, 
 &c. in the office, they could not satisfy the enqui- 
 ries of the committee. 
 
 From a professional* gentleman your committee 
 have obtained the following information on the 
 subject of uncontested claims. " That where the 
 defendant is served with a writ, provided he imme- 
 diately pays the debt, the costs are seldom less 
 than 10 dollars." And that the expences atten- 
 dant on a suit in the circuit court of the district of 
 Columbia, in Washington county, on a debt of 
 21 dollars, where the defendant does not deny it, 
 but only wishes to obtain time by carrying it into 
 court, are nearly as follows : The plaintiff's costs 
 17 dollars 16 cents — the defendants 7 dollars 57 
 cents, being 24 dollars and 53 cents incurred to the 
 time of judgment. On execution issuing to clerk 
 and marshal for issuing, poundage, serving fieri 
 facias, swearing appraisers, &c. — a further ex- 
 pence of about 7 dollars 97 cents will be incurred : 
 Making in all, the sum payable by the defendant, 
 
 B 
 
( JO ) 
 
 to !x^ about 5i cKollars and 49 cents, instead of the 
 orit^inal debt of 21 dollars ! I. 
 
 The committee have not succeeded in tl^.-eir en- 
 deavor to ascertain the expence of a suit where an 
 average number of u itnesscs were summoned, ard 
 the proceedings are ])rotra6\ed by appeal, delay, 
 &c. but as an illustration of the efic6\ of these 
 j'.rinciplcs, in a case not pursued to the extremity, 
 they refer to the statement H. ,qivcn by a citizen of 
 ^Vashing■ton, of the expence he was involved in, 
 by defending himself against what heconsideied as 
 a gross imposition, and where he was supported in 
 the belief by a previous adjudication. A claim of 
 13 dollars was tried before a magistrate, and 
 judgment given in favor of the defendant. The 
 plaintiff by appeal carried the cause into court, — 
 about four witnesses were examined — the judges 
 determined on the appeal, reversed the decision of 
 the magistrate, and the defendant had to pay about 
 130 dollars ! 
 
 At the first establishment of the court, the legal 
 appearance fee of an attorney w^as fixed at ten dol- 
 lars. This was, however, at one of the succeed- 
 ingtcrms reduced to six dollars sixty seven cents, at 
 ^vhich sum ii now stands. 
 
 On reviewing the information thus obtained, it 
 has suggested certain observations, which the 
 committee deem it proper lo submit to the consi- 
 deration of the delegation. The sudden transition 
 from the economical county courts of the state of 
 Maryland, to the more dignified judiciary system 
 o-iven to the district, however flattering to our va- 
 nity, is not calculated to give satisfaction to those 
 whom necessity impels into its vortex, or who take 
 into view our real situation. For notwithstanding 
 the per diem allowance to the Marshal, and the 
 clerk of the court, we find their fees vastly more 
 than the state officers received. By a com- 
 
{ 11 ) 
 
 parison of the fees allowed to our federal officers, 
 with those paid to the officers of the county 
 courts of Maryland, it appears that the Clerk of 
 the Court receives about tivo hundred and fifty per 
 cent advance ! and the Marshal's fees are nearly 
 double what the Sheriff of Maryland used to re- 
 ceive. This great increase of compensation can 
 scarcely have been ditlated by considerations of our 
 local situation, for, in a distri<?t only ten miles 
 square, and where the population is more collt6led 
 than usual in counties of a state, it cannot bj sup- 
 posed that additional labor would be imposed on 
 the Clerk, or on the Marshal in the discharge of 
 his duty : the reason of the case seems to point to 
 a contrary conclusion. The circumstance, of this 
 distrivfl being established as the seat of the general 
 government, must increase its population by the 
 removal of strangers into it, many of whom will 
 be tradesmen and mechanics, whose small debts 
 will constitute a large proportion of the business of 
 the courts, and on whom this mcrease of expence 
 in prosecuting their claims, must operate with pe- 
 culiar hardship. If, on the other hand, these fees 
 were given under the expectation, that from the 
 smallness of the counties in the district, few suits 
 would be instituted, and that the compensation of 
 the officers ought therefore to be increased to ena- 
 ble them to live ; the result seems to siiew that ex- 
 pe6\ation was erroneous : As, either from the ex- 
 tension of the jurisdiction to sums of twenty dol- 
 lars, or the description of the inhabitants, the 
 Washington county docket must afford a reasonable 
 portion of business. 
 
 The great labor, and perhaps impossibility of 
 procuring all the fa6ts, relative to the expence of 
 prosecuting, and the amount recovered, has pre- 
 veiued the committee from obtaining an accurate 
 statement ; yet from the docket of the terms which 
 
( 12 ) 
 
 have already passed, they have ventured an esti- 
 mate, of the annual expence to the county of 
 Washington, and the probable amount recovered. 
 1 he average number of appearances 
 ib 988, in the year: of these suppose 
 88 nre not served, it will leave 900 
 suits on which appearance is entered. 
 And supposing only two attorney's 
 fees to each suit, although there are 
 frequently four, the amount of at- 
 torneys fees in Washington county Dollars, 
 v/ill be annually upwards of - - - 12,000 
 The average trial dock t is 512, to 
 which suppose 200 have witnesses 
 summoned, — two to each suit, and 
 that thry have to attend four days on 
 
 the average 2,000 
 
 8upp o^.e the Clerk and Marshal's fees 
 tot^tiher, on each suit where the De- 
 fendant enters an appearance — ^ave- 
 rago S5 -------'. - 4,500 
 
 The supposed annual expence to the 
 inhabitants of the county in the pro- 
 becution of suits ------ 18,500 
 
 The average yearly trial docket being 
 5 1 2, suppose 400 of these are actions 
 of debt, and will one with another 
 be for 50 dollars each. Then the 
 yearly sum lecovered in court will be 20,000 
 
 Leaving an excess of the amount over 
 
 the costs of - - 1,500 
 
 It has often been considered as humane and be- 
 neficial, particularly to debtors, that the trials do 
 not take place until the third term after the institu- 
 
( 13 ) 
 
 tion of of the suit ; — And a very large portion of 
 suits are believed to be carried into court for the 
 purpose of obtainini^ this delay. Instead of that 
 effedl in this district, it appears that this delay 
 costs between thirty and forty dollars — m man}' 
 cases exceeding, and in some equal to the originul 
 claim. That this expenee is frequently involunta- 
 ry on the part of the debtor, and generally renders 
 him the more unable to pay: a circumstance which 
 even the professional gentlemen and officers com- 
 plain of, and by which they lose a considerable 
 portion of their fees. It appears to your commit- 
 tee, as more correcl, as well as more humane, that 
 the debt should be substantiated as soon as possible, 
 and the delay of execution be given aiterwards. — 
 In this case the creditor having evidence of the 
 truth of his claim, can transfer or otherwise dis- 
 pose of it, while the debtor, knowing the sum he 
 has to pay for such a length of time previous to serv- 
 ing an execution, might make his arrangements 
 for its discharge. 
 
 From every view your committee have been able 
 to take of the subjccl referred to them, they are of 
 opinion, that the Delegation ought to ask of Con- 
 gress an inferior Court for the county of \Vashing- 
 ton. That this court should be composed of 
 
 That It should have original jurisdi6lioa 
 in all cases between 20 and 100 dollars ; decide 
 on appeals from a single magistrate, and determine 
 on sums under 50 dollars without api^eal ; but that 
 an appeal on matters of law should lie to the Cir- 
 cuit Court for sums of 50 dollars or upwards, and 
 the original jurisdi6\ion of the Circuit Court in 
 eases of debt, be limited to 100 dollars. 
 
 DANIEL REINTZEL, Chairman, 
 NICHOLAS KInG. 
 BEMJAMIN MORE. 
 
The Committee to ivbojii was referred the enquiry 
 into the effects of our system of civil jurispru- 
 dence^ on the county of JFashington^ beg league 
 to report on the follozving subjects^ rcjerred to 
 them : — 
 
 1st. The effecl and operation of so much of a 
 law of Congress, additional to, and amendatory of 
 an a61 concerning the district of Columbia, as pro- 
 hibits the taking of fees by justices of the peace ; 
 and which authorise the clerk of the county court 
 to issue executions on their judgments and take 
 fees therefor. 
 
 2d. The effe61 and operation of so much of the 
 same law as compels jurors to serve without com- 
 pensation. 
 
 3d. And, the effe6t and operation of so much of 
 the law as provides that " no capias ad satisfacien- 
 dum shall issue on any judgment of a single magis- 
 trate, or in any case, where the judgment, exclusive 
 of costs, shall not exceed twenty dollars." 
 
 On the fust subjeftyour committee have to ob- 
 serve that the law and practice of the state of Ma- 
 ryland, which authorised the magistrates to receive 
 ft cs for transacting such business as came before 
 ihem, was never complained of as a grievance, be- 
 cause, the sun>6 allowed to be taken were in them- 
 selves reasonable, and a bare compensation for the 
 time necessarily employed. For issuing a sum- 
 mons or warrant they were entitled to \1\ cents; 
 for judgment 12i cents ; execution 12| cents ; ad- 
 ministering an oath 6 cents ; taking bail bonds 25 
 cents ; taking acknowledgments of deeds 25 ( ents 
 to each magistrate ; summoning a venire 75 cents; 
 
( 15 ) 
 
 ' [lining an orphan's estate 75 cents ; and for several 
 jlher duties imposed on them, fees equally ligh^. 
 
 While these fees, small as they arc, were allow- 
 cd, there was no cotnplaint of a disinclination on 
 the part of the justices to attend to the adjustment 
 of differences arising among our poorer but indus- 
 trious citizens. The fees were received from a 
 principle of justice, and the magistrate was recon- 
 ciled to them by the consideration, that though an 
 inadequate compensation for his time, they were 
 generally puid by a class of citizens, depending on 
 their labour for support, and less able to pay tlie 
 whole, than the magistrate to abate part of his 
 reasona'jle claim. The passage of the law which 
 prohibited the magistrates from taking fees, was 
 certainly an evil to the community ; its tendency 
 was, to render the magistracy less attentive to their 
 duties ; and, the adjustment of differences less easy 
 of attainment to the poor ; it militated against the 
 generally acknowledged principle of justice, par- 
 ticularly in republics, that services ought not to be 
 claimed where compensation for them is not al- 
 lowed ; and it compelled many of our most useful 
 justices of the peace to resign their commissions. 
 While thus taking away from the magistrates, to 
 whom all the trouble of trying the cases brought 
 before them is given, the small compensation they 
 had, — the law directs executions on their judge- 
 ments to be issued by the clerk of the court, and 
 gives him double the Jee which the magistrates 
 were alhnved to take. 
 
 The second subject of enquiry, seems attended 
 with more disadvantages to society, than the first : 
 for if there are a few who can give up a portion of 
 their time, without receiving compensation, to the 
 adjustment of differences between their felf^w citi- 
 zens, and to whom the honor of the magistracy is 
 desirable, they are still fewer in number, who can 
 
( 16 ) 
 
 leave their affairs for whole clays, without previous 
 noiice, and attend at a distance from home, at the 
 most unpleasant seasons of the year, for other peo- 
 ples advantage, without being paid for their atten- 
 dance. When jurors were summoned for tlie term 
 and received pay for their services, they made ar- 
 rangements for the transaction of their business 
 during their absence; those summoned were ge- 
 nerally judiciously selected, respectable, and in 
 some measure acquainted with those transactions 
 in society, to which their enquiries would be di- 
 rected. Under the present system how differently 
 are we situated . during the whole court, the citi- 
 zens best qualified for jurors, are obliged to keep 
 out of the sight of the marshall and his deputies 
 during the morning of the day when they ought to 
 be attending to their business, lest they be sum- 
 moned on the jury for the day : and the marshal is 
 obliged to take those whom chance or design has 
 thro\^ n in his way ; and they are sometimes tra- 
 vellers, strangers toour habits,our manners and our 
 laws ; who serving against their will may be more 
 anxious to be discharged, than solicitous to do 
 justice. 
 
 The inconveniences felt from the operation of 
 that portion of the law which prohibits imprison- 
 ment for debts under twenty dollars, arise in a great 
 measure from our peculiar local situation. Sub- 
 ject to an influx of strangers, by the buildings go- 
 ing on, and the vessels of the United States dis- 
 charging their seamen in the city, debts of this 
 description to a very considerable amount are con- 
 tra61:cd by single men with our citizens : many of 
 these contemplating but a transitory residence, and 
 finding the operation of this law, have the dishones- 
 ty to avail themselves of it, although thev possess 
 sufficient to discharge their debts ; and instances of 
 this kind of robbery, aggravated by insuk are not 
 
C 17 ) 
 
 uiifrcQuent. Enemies as your committee are to 
 every thing tyrannical in the execution of the law, 
 they are induced to believe, that the tfu cl of ihis 
 indulj^ence is neither iavorable to humanity nor 
 justice ; that it is more an introdnd^ion to dis- 
 honesty, than a provision of humanity in favor of 
 the unfortunate : for few indeed have been the in- 
 stances of committing the father of a f.tmily to pri- 
 son for a small debt. The law, houever, now 
 favors the idle vagabond, shakes the confidence 
 which ought to exist among our citizens, and in 
 many instances is supposed to prevent that lenity 
 and indul.rrence to the unfortunate, and those hav- 
 ing families which they formerly received. When 
 the confidence of the citizen has been several 
 times abused, he will of necessity withdraw it from 
 others, and the innocent suffer from the injustice 
 of the depraved. 
 
 The committee therefore recommend the passing 
 of the following resolution, as declaratory of the 
 sense of ihe delegation on the subject of the fore- 
 going report. 
 
 Resohcd^ That in the opinion of the delegates 
 of the district of Columbia, the repeal of so much 
 of the act ot Congress, entitled an a6t additional to, 
 and amendatory of, an act concerning the district 
 of Columbia, as repeals the law providing for the 
 compensation of justices of the peace thereby 
 created, would be just, proper, and beneficial to the 
 county of Washington ; as would also, the repeal 
 of so much of the fourth section of said a6t, as 
 directs execution on magistrate's warrants to issue 
 from the clerk's office, and allows the clerk a fee 
 therefor. 
 
 DANIEL REINTZEL, 
 NICHOLAS KING. 
 C 
 
( 18 ) 
 
 A. 
 CLERKS' FEES. 
 
 In county In diflrifSl 
 
 courts of court of 
 
 Maryland. Columbia* 
 
 D C. D. C. 
 
 Issuins: writ and return, - 16 1 £6 4 
 
 O ' 3 3 
 
 Filing every declaration if not re- 
 
 corded^ - - - 3 
 
 A copy if demanded, per side, 6| 8| 
 
 Every appearance entered of ei- 
 ther party, - - - 6 § 13 
 
 Entry of every imparlance, - . 31 8f 
 
 For every continuance or refe- 
 rence, to be charged on plain- 
 tiff only, . ' . . 5 8f 
 
 Every subpoena including all per- 
 
 sonsapplied for atthe same time, 10 26 1 
 
 Rule to plead or trial moved for 
 
 and entered, - - 3i 'Bf 
 
 For making up issue or issues in 
 every suit when done by the 
 clerk, _ - - 
 
 Entering and signing judgment, 
 
 A venire facias for jurors if issued 
 by order of court, 
 
 Entering the pannel, 
 
 Copy pannel, ... 
 
 Taxing and signing bill of costs, 
 
 Copy thereof if demanded with 
 
 the articles at large, - - 8 f 17 
 
 Issuing execution and filing the 
 same, without any charge for 
 copy of judgment, ■ - - 16 1 31 
 
 10 
 
 40 
 
 25 
 
 57 
 
 10 
 
 351 
 
 3| 
 
 8| 
 
 ^\ 
 
 8| 
 
 81 
 
 17 1 
 
6§ 
 
 17 § 
 
 6! 
 
 17| 
 
 6| 
 
 17 
 
 6| 
 
 22 
 
 5 
 
 8^ 
 
 6| 
 
 
 6| 
 
 17 
 
 6^ 
 
 17 
 
 ( 19 ) 
 
 For filing every special bail taken 
 
 in or out of court, - - 3 ^ 17 
 
 A writ of enquiry of damages per 
 
 side, - - - - 
 
 For entei ing an appeal, 
 Return of Certiorari or habeas 
 
 corpus, and copy of record per 
 
 side, . . . - 
 
 Entering a writ of Error, 
 Every oath taken in court. 
 Proving a deed or writiiig, 
 For entering fieri facias per side. 
 The same fee in digits^ 
 Recording the marks of cattle 
 
 or hogs, - - - 5 
 
 Recording a conveyance per 
 
 side, - - - - 6* 17 
 
 AUov/ance of habeas corpus, - 6| 17 
 
 For all searches, \hc first year 
 
 nothings . . . . - 
 For all searches above one year, 
 
 if found, - - . - 16 1 31 
 
 If copy taken, then per side, - 6| - 17 
 Every fi. fa. per side v.ithout 
 
 any charge for search or copy 
 
 of judgment, - - - 6| 17 
 
 Short copy judgment if express- 
 ly demanded, . - - 16-1 :i5\ 
 Attachment and fieri facias, - 30 57 
 Habeas corpus, and filing the 
 
 same and return, - - 31 48 1 
 
 Duces tecum, and return, - C6 fpc^rfitlc, 17 
 
 Taking security or condemna- 
 tion, entermg a61ion agreed, 
 
 discontinued, struck off or 
 
 abated, .... 31 41 
 
3 
 
 ( 20 ) 
 
 Commission to examine evidcn- 
 
 (Jencfs and return per side, C f 17 
 
 A continuance or reference to 
 
 be charged to plaintiff only, 3i 8f 
 
 For filing every special plea, 3 | 8 | 
 
 If recorded per side, - - 6f 8| 
 
 For filing every replication, - 3i 8| 
 
 For filing rejoinder, sur-rtjoin- 
 
 der, - . . . 3 ^ 
 
 And for every other pleading, 
 
 lormaknig up, issue for each. 
 For filing demurrer, and joinder 
 
 in dt uiurrer, - - - 
 
 Forfihng every account, 
 For recording or copying ge- 
 nerally, - . - , 
 For entering return of every 
 
 writ or other process, 
 For filing every othtr paper, 
 For every rule by order of court, 
 
 The above table of the fees ot the Clerk of the 
 county courts of Maryland is taken from Herty's 
 Digest of the laws, and the tobacco fees there al- 
 lowed are reduced into cents, or the currency of 
 the United States. The corresponding fees ol the 
 clerk of the distri6l court of Columbia, are taken 
 from the iee bill of the general court of Maryland 
 in the same work, and one-third added thereto, 
 agreeably to the law fixing the fees of the officers 
 of the distri6l courts of the United States. These 
 are also reduced from tobacco as kept in Maryland, 
 to the currency of the United States, as more fami- 
 liar to citizens of other states. The amount of 
 each column is taken as a mean of comparison of 
 the fees paid to the clerk while we reanained sub- 
 
 31 
 
 8! 
 
 3| 
 31 
 
 8| 
 
 8f 
 
 6| 
 
 17 § 
 
 3| 
 3i 
 3i 
 
 8! 
 8| 
 8§ 
 
 3 45 
 
 8 16i 
 
( 21 ) 
 
 jc6^ed to Maryland, with those now imposed by the 
 United States, makmg about 250 per cent, advance ! 
 By the a6l ofConsjress fixing the fees passed the 
 the 28th February 1799, an additional compensa- 
 tion of 5 dollars a day during the courts, and 10 
 cents a mile travelling to them from hi» residence, 
 is allowed. 
 
 CRYERS* FEES. 
 
 ' 
 
 
 Co. Co. 
 
 Ma- 
 
 Diftiia Co. 
 
 ryland 
 
 
 Columbia. 
 
 D, 
 
 Cts. 
 
 D. Cts, 
 
 Swearing every jury, 
 
 60 
 
 2 35 
 
 Bailiflf, 
 
 6! 
 
 22^ 
 
 Every other oath, - - - 
 
 5 
 
 il 
 
 For special bail. 
 
 35 f 
 
 1 19§ 
 
 Clearing every prisoner by pro- 
 
 
 
 clamation if required. 
 
 50 
 
 I 33 i 
 
 Recording every recognizance. 
 
 26 1 
 
 44^3 
 
 1 
 
 81| 
 
 5 55| 
 
 The above fees are made out in the same manner 
 and rates as in the preceding table of clerk's fees. 
 
 Instead of the above fees, the cryers in the United 
 States and bailiffs are to have 2 dollars a day by aft 
 of 28th February, 1799. 
 
( 22 ) 
 
 B. 
 
 THE MARSHAL'S FEES, 
 
 Under the ads of Congress. 
 
 Ma- 
 the 
 here 
 xed. 
 
 
 « 
 
 w t- o 
 
 
 
 rt 
 
 15 ^^J 
 
 o o tij s 
 
 (U <u 
 
 
 ^ ^ o 
 
 ^ ^5 Ji 
 
 
 
 
 ^ -^^ J s 
 
 5^ -5 
 
 o 
 
 £ S S S 
 
 
 
 
 J o !=• 
 
 
 J3^ 
 
 S 
 
 ^^ ;* --i ^ 
 
 U-) C' p: o 
 
 c75 o 
 
 > 
 
 H 
 
 D. C. 
 
 Z). 
 
 C. 
 
 D. 6'. 
 
 45 
 
 
 45 
 
 2 
 
 22 
 
 
 22 
 
 50 
 
 Servinga writ and return, 
 
 Taking bail bond, 
 
 Collecting officers fees, 6 
 per cent. 
 
 For ever}' commitment and 
 
 releasement, - - 26 1 2C| 50 
 
 Empannellinga jury, - 1 50 
 
 Serving Heri facias, in- 
 eluding persons sum- 
 moned, - - 38 1 38 § 2 
 
 Serving citation, - 38| 3S§ 50 
 
 Executing a v/arrant of 
 
 survey per day, - 1 25 
 
 Summoninsc evidences to 
 prove the bounds of 
 land, each - - 38 1 38 § 50 
 
 If empowered to swear evi- 
 dences, for each person 16§ 
 
 Serving a subpcena and 
 
 return, - - . 38| 38§ 50 
 
 For keeping a prisoner in 
 gaol and finding him vic- 
 tuals per day, - - 20 
 
( 23 ) 
 
 B.C. D. C. D C. 
 
 Serving a writ of possessi- 
 on in cje6\ment and ret. 186 186 2 
 
 Serving an ejeclment and 
 
 return, - - - 85 85 2 
 
 Serving an attachment and 
 
 return, - - - 63 i 63} 2 
 
 Serving a Avrit ofeslrepe- 
 
 ment and return, - 1 25 1 25 2 
 
 Servingneexcat and return, 3 o'2^^ 
 
 Serving a copy of declara- 
 tion or short note, - ijl 
 
 Summoning appraisers, 
 
 each, - - . 38| 38§ £0 
 
 S Tearing the same, for 
 
 every oath, - - 16 1 
 
 Serving an attachment on 
 judgment, or execution 
 and return, . 131 13 1 2 
 
 Executing a writ, ad quod 
 damnum, &c. per day, 1 25 
 
 Empanelling a jury on the 
 same, - - 3 
 
 Swearing them, for every 
 oath, - . 16» 
 
 Taking an inquisition, and 
 returning the same with 
 the writ, . 1 25 
 
 Serving a writ of restitution 
 
 and return, - . 1 86§ 1 864 2 
 
 Empanelling a jury to en- 
 quire of forcible entry, 
 &c. . . 3 
 
 For each person summon- 
 ed as an evidence, - ZQ^ 3Si 50 
 
 For summoning chain car- 
 riers, each, - 30 2 
 
 For swearing, do. each oath, 16| . 
 
( 24 ) 
 
 Z). C, B.C. D.d, 
 
 For an arrest on warrant and 
 return in criminal ca- 
 ses, • - 30 
 For servingduces tecum, and 
 
 return, - - 30 
 
 Return on an attachment, 
 
 when mesne process, 13^ 
 
 For laying an attachment in 
 any garnishees's, hands, for 
 each garnishee, - - 38| 
 For goods and chattels 
 which are taken on at- 
 tachment the same fees 
 as chargeable in execution. 
 Returniug fieri facias, or re- 
 plevin, each - - 13^ 
 The same fees upon a fi. fa. 
 or replevin as on attach- 
 ment. Also, the same fees 
 on appraisemement and 
 sale of goods distrained 
 and sold for rent. 
 Serving writ of retorno ha- 
 
 bendo and return, - 1 25 1 25 2 
 Scrvinar writ of destringas 
 
 and return, - - 1 25 1 25 2 
 Serving a return of eligit 
 
 or liberati, - - 1 25 1 25 2 
 Empannelling a jury on 
 
 eligit or extent, - 3 
 For swearing the same 
 
 each, ... 16§ 
 
 Servinsr writ of restitu- 
 
 tion, - - - 1 86| 1 86| 2 
 Summons in partition 
 for every person sum- 
 moned and return, 38| 38| SO 
 
( 25 ) 
 
 D. C. D. C. D. C. 
 
 Serving writ of partitl- 
 
 on and return, - 88^3 38 1 2 
 
 Empannellinaj jury thereon 3 
 
 Su caririj^ the jury, each 1 6 ] 
 
 Attendance per day, - 1 25 
 
 Servinp^ an attachment in 
 
 partition and return, 1 50 1 50 2 
 
 Returning enquiry of da- 
 mages, - - 1 25 
 
 Empannellingjury there- 
 on, ... 3 
 
 Swearing the jury each, 16 ' 
 
 Attendance per day, - 1 25 
 
 Proclamation of rebellion 
 
 and return, - - 1 50 
 
 Serving with, and re- 
 turn, - - - 1 25 ] 25 2 
 
 And the same fees allowed 
 
 as in replevins. ■ — -— 
 
 18 99 34 
 
 The fees in the foregoing table are all reduced 
 from tobacco into the currency of the United 
 States. From this it will appear that in those 
 cases where the marshal's fees differ from the she- 
 riffs, they are nearly doubled. And that they are 
 what constitutes ihe principal dudes of his office. 
 And that the marshal has in addition 5 dollars per 
 day for attending court, and 4 dollars for sum- 
 moning the grand jury. 
 
 These fees are from Herty's digest of the laws of 
 Maryland and the United States. 
 
 D 
 
( 26 ) 
 
 c. 
 
 MARSHAL'S FEES, 
 By act of Cong. Feb. 28, 1799, chap. 125, sec. 1. 
 
 Dol. Cts. 
 For the servi^'e of v/rlt^ warrai.it, attach- 
 ment or process for each person so named, 2 00 
 For his travel in serving, per mile, - 05 
 
 For each bail bond - - - 50 
 
 For summoning witnesses or appraizers, 
 
 each, . . - _ 50 
 
 For every commitment or discharge of a 
 
 prisoner, . - „ _ 50 
 
 For every proclamation to ihe admlty. - 30 
 
 For sales of vessels or other property, un- 
 der 500 dollars, 2-1 percenc. — over that, 
 I \ per cent. 
 Summoning a grand jury, - - 4 00 
 
 For attending circuit court per day, - 5 00 
 
 For all other services not herein enumerated, 
 except as shall be hereafter provided, such fees and 
 compensations as are allowed in the supreme courfe 
 of the state where such services are rendered. 
 
 CLERK'S FEES 
 
 Of a Circuit aind District Court. 
 
 Act of U.S. passed Feby. 28, i199— chap. 125. 
 
 '' THE same fees as are allowed in the Supreme 
 court of said state, with an addition thereto,^ 
 
( 27 ) 
 
 of one tlilrd of the same fees ; and 5 dollars per 
 day for his attendance at any circuit or distridl 
 court, and at the rate of 10 cents per mile Ironi 
 the place of his abode." 
 
 By the same a61, the Cryers and BailifTs arc al. 
 lowed 2 dollars per day. 
 
C 28 ) 
 
 E. 
 
 A STATEMENT 
 
 of suits ^ on the several docqiiets^ C. C. Dis. Co/, 
 IVashingtoii county^ cxclushe of capital oj^ 
 fences. 
 
 Terms. 
 
 Pi 
 
 
 
 a 
 5" 
 
 
 
 O 
 
 £ 
 
 1801. 
 
 
 
 
 
 
 
 
 June term, 
 
 200 
 
 
 
 
 
 
 3 
 
 Sept. term, 
 
 300 
 
 195 
 
 
 4 
 
 
 
 32 
 
 Dec. term, 
 
 263 
 763 
 
 189 
 
 193 
 
 4 
 
 
 
 :^6 
 
 
 384 
 
 193 
 
 8 
 
 
 
 71 
 
 1802. 
 
 
 
 
 
 
 
 March term, 
 
 272 146 
 
 329 
 
 7 
 
 
 
 27 
 
 Ju;y term. 
 
 386 235 
 
 216 
 
 8 
 
 
 
 24 
 
 Dec. term, 
 
 461 
 
 276 
 
 201 
 746 
 
 8 
 
 
 ~ 
 
 45 
 
 
 1119 
 
 657 
 
 23 
 
 
 96 
 
 1803. 
 
 
 
 
 
 
 
 
 July term. 
 
 514 
 
 331 
 
 245 
 
 11 
 
 
 
 61 
 
 Dec. term, 
 
 366 
 
 392 
 
 217 
 
 6 
 
 
 
 32 
 
 
 880 
 
 723 1 
 
 462 
 
 17 
 
 
 
 93 
 
 1804. 
 
 ( 
 
 
 
 
 
 
 July term, 
 
 467 
 
 316 
 
 267 
 
 7 
 
 
 
 65 
 
 The number of appearances is the number of 
 suits brought — including as well those not served 
 as those which are served. And the subsequent 
 courts include the appearances of the former courts 
 not executed. 
 
( 29 ) 
 
 The appeals are brought forward from every 
 court — at least such as are untried. 
 
 H. 
 
 THADDY HOGAN 
 
 Aga'mst 
 WILLIAM RHODES. 
 
 Thaddy Hogan sued for the loan of a bed, while 
 it was held for the Marshal, who had attached it 
 in consequence of judgment against Hogan. Ho- 
 gan's claim was about 13 dollars — Brought before 
 a Magis'rate, who gave judgment aganist Hogan. 
 Hogan carried it into the court by appeal, where 
 the Judges reversed the judgement of the Magis- 
 trate, and Rhodes had to pay about 130 dollars. 
 
 Determined in July^ 1803. 
 
 The above statement was made by William 
 Rhodes to N. Kmg, for the purpose of beine laid 
 before the Delegation, on Monday, 26Lh Novem- 
 ber, 1804. N. K. 
 
( 50 ) 
 
 I. 
 
 EXPENCES OF AN UNCONTENDED SUIT. 
 
 ESTIMATE of Expences attendant on a Suit in 
 the Circuit Court of the District of Columbia^ 
 for Washington County, 
 A debt of S21 00. 
 
 The instant a defendant is served vrlth 
 a Avrit, provided he immediately pays 
 the debt, the costs are seldom less 
 than . . _ . 10 00 
 
 The expenees of a writ — To the Clerk 
 (which varies as the length of the 
 r pleadings vary) 465 lbs. of tobacco g 7 92 
 
 Attorney's fee 6 67 
 
 Marshal — for serving the writ, bail 
 
 bond and leaving copy nar. - - . 2 57 
 
 Plaintift's Costs, - - 17 16 
 Defendants Costs — Attorney 6 67 
 Clerk 42 lbs 70 
 
 7 
 
 Thus far to the time of judgment - g 24 53 
 
 An Execution issues against the De- 
 fendant, - - - debt - - - S 21 00 
 Cost, - - 24 S3 
 
 
 45 
 
 SZ 
 
 Clerk's fees for issuing 
 
 
 
 Executions 58^ 
 
 
 99 
 
 Marshal's for serving 2 00 
 
 
 
 Poundage or 26. 67 2 00 
 
 
 
 7H^ercentl8. 86 1 30 
 
 K 
 
 9.C\ 
 
 51 82 
 
( 31 ) 
 
 If a fi. fa. ad. cost for swear- 
 ing appraisers - - - - 
 
 S 54 49 
 
 Cofjy of Presentment by Grand Jury. July term., 
 
 1804. 
 
 DISTRICTor COLUMBIA, ? ,„^^ ^gg,. 
 
 County oj li asbington^ 3 
 
 WE, the Grand Inquest of the United States 
 for the district and county aforesaid, do on our 
 oaths present as a grievance, .90 much of the act oi 
 Congress, entitled " an pct additional to, and amen- 
 datory of an act " entituled " an act concerning the 
 district of Columbia," as goes to repeal certain 
 parts of two acts of Congress, whereby compensa- 
 tion was allowed to justices of the peace and to 
 jurors. 
 
 We also present as a further grievance the ex- 
 orbitant fees allowed to the attorney general, the 
 gentlemen of the bar, the marshal and the clerk as 
 practised in the circuit court of said county. 
 
 The above presentment is founded on the incon- 
 sistency of requiring services of one description of 
 persons without compensation and providing for 
 others so liberally as to be productive of serious 
 injury and evil to a considerable portion of the 
 community. 
 
 We fiirtlier present as a grievance, so much of 
 the act of Congress as exempts the persons of 
 debtors for sums not exceeding twenty dollars fiom 
 
( 32 ) 
 
 imprisonment, and the method now exercised of 
 summoning daily the petit jurors. 
 
 It is respectfully solicited that the honorable 
 court will order the above presentment to be pub- 
 lishfd m the City and George town newspapers, 
 and also to have the same laid before Congress at 
 then* next session. 
 
 THOMAS CORCORAN, Foremaru 
 
 True Copy — 
 Testis, 
 URIAH FORREST, Clerk. 
 
 IRRA«'?fi