In this
legislation, more than any other, the members of Congress sought advice from
constituents, especially attorneys and judges. A second printing of the bill
had to be ordered because so many copies had been sent off for comment. In this
letter, Rep. Foster of New Hampshire says that he has heard of uneasiness in his
state about the bill and wishes "those politicians who are opposed
to it, will be pleased to propose a substitute." He goes on to counter
objections to the legislation and state that he has "given my hearty
concurrence to the judicial Bill." His colleague from New Hampshire in the
Senate, Paine Wingate, supported the bill with reservations:
That the administration of justice in the way proposed will
cost more than it is worth. The judiciary is calculated by pretty good judges to
cost between 50 & 60 thousand dollars pr. annum & yet it will not extend to a tenth
part of the causes which might by the constitution come into the federal court.
(to Nathaniel Sargeant, July 18, 1789, Peabody Essex Museum)
Considerable advice was offered by those consulted. For example, Joseph Jones
warned James Madison that, "where there is danger of clashing
jurisdictions the limits should be defined as acurately as may be."
(July 3, 1789, Library of Congress)
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