Memoirs Of Aaron Burr, Volume 1, Matthew L. Davis [book club suggestions .txt] 📗
- Author: Matthew L. Davis
Book online «Memoirs Of Aaron Burr, Volume 1, Matthew L. Davis [book club suggestions .txt] 📗». Author Matthew L. Davis
2. In The Ninth Year Of Her Age.
Footnote Pg 306
3. Nephew Of Colonel Burr
Chapter XVI Pg 307
The Correspondence In The Last Chapter Between Mr. And Mrs. Burr Has
Been Selected And Published That The World May Judge Him As Husband
And Parent, So Far As His Letters Afford A Criterion. As Literary
Productions They Cannot Fail To Interest And Amuse.
On The 8Th Day Of March, 1790, The Legislature Passed An Act
Appointing Gerard Bancker, Treasurer, Peter Curtenius, Auditor, And
Aaron Burr, Attorney-General, A Board Of Commissioners To Report On
The Subject Of The Various Claims Against The State For Services
Rendered, Or Injuries Sustained, During The War Of The Revolution. The
Task Was One Of Great Delicacy, And Surrounded With Difficulties. On
Colonel Burr Devolved The Duty Of Making That Report. It Was Performed
In A Masterly Manner. When Presented To The House, Notwithstanding Its
Magnitude, Involving Claims Of Every Description To An Immense Amount,
It Met With No Opposition From Any Quarter. On The 5Th Of April, 1792,
The Report Was Ordered To Be Entered At Length On The Journals Of The
Assembly, And Formed The Basis Of All Future Settlements With Public
Creditors On Account Of The War. In It The Various Claimants Are
Classified; Legal And Equitable Principles Are Established, And
Applied To Each Particular Class. The Report Occupies Eighteen Folio
Pages Of The Journals Of The Assembly. An Extract From It Is Made, As
Justly Meriting A Place In This Work.
The Said Report Is In The Words And Figures Following:----"The
Treasurer, The Auditor, And The Attorney-General, Pursuant To The Act
Entitled _An Act To Receive And State Accounts Against This State_,
Did Forthwith, After The Passing Of The Said Act, Give Such Notice Of
Their Appointment And Duties, And Of The Times And Places For The
Execution Thereof, And Of The Period By The Said Act Limited For
Receiving And Auditing Claims, As Is Directed By The Said Act. And Do
Herewith Transmit To The Legislature Their Report Upon The Accounts
And Claims Against The State, Which Have Been Thereupon Exhibited.
"The Anxiety Of The Commissioners To Render The Execution Of This
Trust Useful And Acceptable Has Occasioned A Delay Of Some Weeks; If
Their Success In This Attempt Has Been In Any Degree Proportioned To
Their Attention To The Subject, It Will Furnish Their Excuse; Indeed,
When The Legislature Shall Have Seen The Number, The Variety, And
Intricacy Of The Matters Which Have Been Submitted To The
Consideration Of The Commissioners, It Is Hoped That A Further Apology
Will Be Thought Unnecessary.
"The Commissioners Have Endeavoured To Reduce These Various Demands
Into Classes, In Such Manner As To Present To The Legislature, In One
View, All Which Have Appeared To Depend On Similar Principles.
Chapter XVI Pg 308Notwithstanding Their Utmost Attention To This Object, They Have Found
It Necessary To Report On A Considerable Number Of Single Cases. As
The Authority Under Which They Have Acted Required Of Them A State Of
Facts, Together With Their Opinion Thereupon, Whenever There Was A
Want Of Uniformity Either In The Facts Submitted Or In The Principles
To Be Applied In The Determination, They Have Thought That Strict
Justice Could Not Be Done To The Merit Of The Claim Without A Separate
Discussion, Though This Has Tended To Lengthen The Report Beyond What
Could Have Been Wished, And To A Degree Which Perhaps May In Some
Instances Be Thought Prolix, Yet The Commissioners Supposed It Of
Moment That Their Investigation Should Be Not Only Satisfactory To
Themselves, But That It Should Be Apparent To The Citizens Upon Whose
Claims They Have Pronounced, That Each Hath Received A Distinct
Attention, And That Demands Substantially Different From Each Other
Have Not Been Inconsiderately Blended. If The Perusal Of The
Proceedings Now Submitted Shall Give An Impression Of This Kind, It
Will, In The Opinion Of The Commissioners, Tend To Produce A More
Cheerful Acquiescence In The Determination Of The Legislature, When
That Determination Shall Reject The Demand, And Prevent A Revival Of
Claims Which Shall Now Be Extinguished. The Commissioners Have Thought
That These Were Desirable Objects, And Have Therefore Been Cautious Of
Generalizing, So As To Destroy Real Distinctions, Or Suppress A Fact
Even Of The Lightest Importance.
"In Order To Preserve Uniformity In Their Opinions, The Commissioners
Have Adopted Certain Principles, From Which The Hardship Of Any
Particular Case Hath Not Induced Them To Depart. The Most General And
Important Of These Are,
"_First_. Where Any Species Of Claims Is Barred By An Act Of The
Legislature, They Have Considered The Act As A Bar To Their
Investigation, Farther Than To Ascertain It To Be Unquestionably
Within The Meaning Of The Law. This Principle Will Be Found To Extend
To All Claims For Pay And Rations Alleged To Be Due For Militia
Service; To Most Of The Demands Against Forfeited Estates; To All
Claims For Property Sequestered, When The Sequestration Was Warranted
By The Resolutions Of The Convention And The Authority Of The
Commissioners; To All Claims Of Payment Of State Agents' Notes, And To
Some Other Particular Cases, Which Will Appear In The Report. In
Support Of This Principle The Commissioners Have Considered, That To
Sanction By Their Opinion The Admission Of Claims Against The Spirit
And Letter Of The Statute Would Be An Impeachment Of The Wisdom Of
Those Laws; Would Be Arrogating An Authority Not Exercised By, Or
Permitted To, Any Court Of Law Or Equity, And Would Open A Door To The
Importunate And Perhaps Least Deserving Class Of Citizens, While
Others, Having Similar Demands, Had Withdrawn Them From A Spirit Of
Submission To The Laws, By Which These Demands Were Precluded. The
Commissioners Have Been Confirmed In The Propriety Of Their Ideas By A
Reflection That, If It Shall For Any Reasons Seem Expedient To The
Legislature To Repeal Or Suspend The Limitation Of These Or Any Of
Those Statutes, The Avenues To Redress Will At Once Be Open Through
The Ordinary Officers Of The State, Without Farther Legislative
Interposition;
Chapter XVI Pg 309And That The Opportunities Of Recompense Would Then Be
Notorious And Equal; But That The Redress, If Any Should Be Obtained
Through The Medium Of The Commissioners, Would Be Partial In Its
Operation, And To The Exclusion Of Those Who With Equal Merits Had
Acquiesced In The Known Laws.
"_Second._ In The Cases Of Claims For Services Done And Supplies
Furnished During The War, When The Demand, Though Originating Under
The Authority Of This State, Is Properly Against The United States,
The Opinion Of The Commissioners Is Against The Allowance Of Any
Recompense, Because Those Claims Should More Properly Be Preferred To
Congress; And For That This State Can Have No Credit With The United
States For Payment Or Assumptions After The 1St Day Of October, 1788.
"And That, Therefore, The Claimants Having Neglected To Exhibit Their
Demands Within The Period During Which This State Could Without Loss
Have Assumed Them, Cannot Complain If They Are Now Referred To The
Proper Tribunal. Payments By The State Were In Such Cases, At All
Times, Of Favour, And Not Of Right.
"_Third._ All Claims For The Subsistence And Services Of The Levies
And Militia, Or Other Troops, Composing A Part Of The Continental
Army, Or Destined To Join The Army, And Moving To Such Places Of
Destination, Or Under The Command Or Orders Of A Continental Officer,
And All Claims For Supplies And Services Beforehand For Such Troops,
Are Considered As Proper Against The United States Only, And Are
Classed Accordingly; The Commissioners Have Been Led To A More Strict
Attention To This Distinction By The Reasons Just Before Mentioned,
And Are Warranted By The Practice Of The Continental Commissioners For
Settling Accounts, In Declaring That Such Accounts And Demands Were
Proper Against The United States.
"Principles Of More Limited Operation, And Other Remarks, Will Appear
In Those Parts Of The Report To Which They Apply.
"Explanatory Of Particular Parts, And Of The General Form Of The
Report, It May Be Proper To Observe,
"That Where The Claim Or Account Appears, Upon The Face Of It, To Be
Evidently Against The United States Only, Or For Other Reasons
Palpably Inadmissible, The Commissioners Have Thought It Would Have
Been Superfluous To State The Proof, And Have Therefore, In Those
Cases Only, Given Such Abstracts Of The Claim Or Account As Suffice To
Render The Exception Apparent.
"In Giving Their Opinion, The Commissioners Have Not Detailed All The
Reasons Which Led To It, But Have Given A Summary Of Such As Appeared
To Them Most Conclusive;
Chapter XVI Pg 310
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