Memoirs Of Aaron Burr, Volume 1, Matthew L. Davis [book club suggestions .txt] 📗
- Author: Matthew L. Davis
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And, As Well In This As In Stating The Facts,
Have Aimed At As Much Brevity As Appeared To Them To Consist With
Perspicuity. If They Shall Be Found In Any Instances Obscure, A
Reference To The Claim And Proofs Will Probably Elucidate Them. When
The Claim Is Provided For By Existing Laws, The Opinion Of The
Commissioners Refers The Claimant To The Mode Pointed Out By Such Law.
"Demands Of Different Natures By The Same Person Are Placed Under The
Head Which Comprises The Greater Demand. The Claim And Vouchers Being
In Such Cases Usually Contained In The Same Paper Or Annexed Together,
It Was Necessary So To Place Them In The Report That There Might Be No
Confusion In The References.
"To Produce Facility In The Review Of These Proceedings, The Documents
Referred To Are All Herewith Delivered, And Are In Bundles, Marked
Agreeably To The Heads Under Which They Are Classed.
"_Claims For Militia Pay._
[In The Report A Number Of Cases Are Here Inserted.]
"By An Act Passed The 27Th Of April, 1784, Entitled _An Act For The
Settlement Of The Pay Of The Levies And Militia For Their Services In
The Late War, And For Other Purposes Therein Mentioned_, The Mode In
Which The Rolls And Abstracts For Pay And Subsistence Are To Be Made
Out And Settled Is Particularly Pointed Out, And Competent Powers And
Directions For The Liquidation Of Those Accounts Are Thereby Given To
The Treasurer And Auditor."
"By The 14Th Section Of An Act Passed The 21St Of April, 1787,
Entitled _An Act For The Relief Of Persons Who Paid Money Into The
Treasury, &C_., The Aforesaid Act Of The 27Th Of April, 1784, Is
Repealed. The Commissioners Consider This Repeal As An Exclusion Of
All Further Claims For Pay And Subsistence Of The Militia And Levies.
They Are Constrained To Adopt This Opinion, Not Only From The Obvious
Intention Of The Act, But Because, By The Absolute Repeal Of The Act
Of The 27Th Of April, 1784, There Remains No Prescribed Mode Of
Authenticating These Demands; That Any Rules Which The Discretion Of
The Commissioners Should Lead Them To Adopt Would Have Been Unknown To
The Claimants, Who Could Therefore Have Had No Opportunity Of Adapting
Their Demands To Such Rules; And Because, If The Legislature Shall Be
Disposed To Direct Compensations For Such Services, It Will, In The
Opinion Of The Commissioners, Be Most Properly Effected By A Revival
Of The Said Act Of The 27Th Of April, 1784, With Such Further
Provisions And Checks As May Be Thought Necessary; Or By Some Other
General Statute, To Be Passed For Those Purposes, And Which May Give
Equal Opportunities To The Claimants, And Place The Liquidation And
Settlement Of Such Demands In The Hands Of The Ordinary Officers Of
The State.
Chapter XVI Pg 311"_Claims For Services, Supplies, And Losses, Which, If Admissible, Can
Be Made Against The United States Only._
[In The Report Details Follow, And The Commissioners Remark]--
"The Foregoing Claims And Accounts The Commissioners Conceive To Be
Proper Against The United States Only. This Is, In Their Opinion,
Sufficiently Evident In Most Of The Cases From A Bare Statement Of The
Demands. Some Few Appear To Require A More Special Report. The
Resolutions Of Congress Of The 7Th Of May, 1787, And 24Th Of June,
1788, Relative To The Settlement Of Accounts Between The United States
And Individual States, Will Show The Extent Of The Powers Of The
Continental Commissioners, And Will Serve To Explain The Opinions In
Such Of The Preceding Cases As May Appear To Require Farther
Illustration."
"_Claims For Payment Of State Agents' Certificates_.
"By The 25Th Section Of The Act Passed The 5Th Of May, 1786, Entitled
_An Act For The Payment Of Certain Sums Of Money, And For Other
Purposes Therein Mentioned_, All Persons Holding Or Possessing
Certificates Of Udny Hay Or Any Of His Assistants, Or Of Jacob Cuyler,
Morgan Lewis, Or Andrew Bostwick, Were Required To Present Them, In
The Manner Therein Prescribed, To The Treasurer, Before The 1St Of
September, 1786; And Those Who Failed Therein Are Thereby Declared _To
Be Barred And For Ever Precluded_ From Any Compensation, Of Which The
Treasurer Was Directed To Give Public Notice By Advertisement, Which
Was Accordingly Done.
"By Another Act, Passed The 31St Of March, 1787, The Time For
Presenting The Certificates Of Udny Hay And His Assistants Was
Extended Until The First Of May Then Next, Which Time Has Not Been
Further Extended By Any Law Of This State: So That All Certificates Of
Those Denominations Which Were Not Presented Within The Times And In
The Manner Specified In Those Laws, Are Expressly Barred And For Ever
Precluded From Compensation.
"The Commissioners Have Therefore, For The Reasons Contained In The
Observations Prefixed To This Report, Conceived That A Reference To
The Aforesaid Acts Was The Most Proper Discharge Of Their Duty With
Respect To All Claims Of Compensation For Such Certificates.
"_Claims For Grain Impressed For The Use Of The Army By Virtue Of
Warrants Issued By His Excellency The Governor, Pursuant To An Act
Passed 23D June, 1780_.
Chapter XVI Pg 312"The Law Authorizing These Impresses Declares The Articles Impressed
To Be For The _Use And Service Of The Army_, And That The Owner Shall
Be Entitled To Receive From The Public Officer Authorized To Pay The
Same The Current Price For The Articles Impressed, But Does Not Say By
Whom That Public Officer Is To Be Appointed. The Commissioners Have,
However, No Doubt But These Were Proper Claims Against The United
States, And Would Have Been Allowed By The Continental Commissioner If
Exhibited In Proper Season; Therefore, And For The Reasons Contained
In The Second Preliminary Observation, The Commissioners Are Of The
Opinion That These Claimants Cannot Of Right Demand Payment Of This
State.
"The Claims Of Van Rensselaer And Dumond, The Commissioners Are Of
Opinion Are Reasonable; That, Having Been Employed Under The Governor,
The Claimants Could Have No Demand Against The United States, And That
The Charges Are Proper Against This State.
"_Claims For Services In Assisting H.I. Van Rensselaer And Egbert
Dumond In Making The Said Impresses_.
"The Commissioners Consider The Reasons Just Before Stated In Favour
Of The Claims Of Van Rensselaer And Dumond To Apply To The Eleven
Preceding, And That They Are Therefore Proper Charges Against This
State.
"_Claims For Payment Of Debts Due From Persons Whose Property Hath
Been Forfeited Or Sequestered_.
"The Several Foregoing Demands Against Forfeited Estates Arose After
The 9Th Day Of July, 1776, And Are Expressly Precluded By The 42D
Section Of An Act Passed The 12Th Of May, 1784, Entitled _An Act For
The Speedy Sale Of The Confiscated And Forfeited Estates Within This
State, And For Other Purposes Therein Mentioned_.
"The Next Twenty-Five Claims Are For Satisfaction Of Debts Out Of The
Proceeds Of Property Sequestered. The Estates Of The Several Debtors
Have Become Forfeited, But In Some Instances No Property Hath Come To
The Hands Of The Commissioners Of Forfeitures; And In Others, The
Property Which Has Come To Their Hands Hath Been Insufficient For The
Discharge Of Debts Which Have Been Certified.
"The Succeeding Twenty-Six Claims Are To Have Debts Satisfied Out Of
The Proceeds Of Property Sequestered, Though There Had Been No
Conviction Of Adherence Or Other Forfeiture Of The Estate Of The
Debtors.
Chapter XVI Pg 313"The Commissioners Are Of Opinion That A Law Should Be Passed
Authorizing The Treasurer To Pay Demands Against Forfeited Estates, In
All Cases Where There Still Remains In His Hands A Surplus From The
Proceeds Of Such Estates, Notwithstanding The Limitation Contained In
The Act Of 12Th May, 1784. But The Commissioners Would Recommend That
Some Mode Different From That Prescribed In The Said Act Be Directed
For The Ascertaining The Amount Of Those Demands. The Several
Claimants And Such Others As Have Neglected To Avail Themselves Of The
Benefit Of The Said Act, May, In The Opinion Of The Commissioners, Be
With Propriety Holden To Strict Legal Proof Of Their Respective
Demands, In Due Course Of Law, In Some Court Of Record, Where The
Interest Of The State May Be Defended By Some Officer To Be For That
Purpose Appointed.
"The Commissioners Are Further Of Opinion, That Where There Has Been A
Sequestration Of Any Part Of The Property Of A Person _Whose Estate
Hath Become Forfeited_, The Avails Of The Property So Sequestered, As
Far As The Same _Can Be Distinguished_, Should Be Subject To The
Payment Of His Debts, In Like Manner As May Be Provided With Respect
To Other Demands Against Forfeited Estates; But It Would Not, In The
Opinion Of The Commissioners, Be At This Time Advisable To Assume The
Payment Of The Debts Of Persons Whose Property Hath Been Sequestered,
And Where There Hath Been No Other Forfeiture Or Confiscation.
"_Claims Relative To Sequestration, And Property Taken By Orders Of
The Convention_.
"These Persons Were Voluntarily Within The British Lines, And Their
Property Was Therefore Liable To Sequestration Under The Acts Of The
Convention. They Produce A Certificate Of Their Attachment To The
American Cause, Signed By Some Respectable Characters. But Being
Within The Resolutions Of The Convention, The Commissioners Cannot
Advise A Recompense.
"Gerard Bancker, _Treasurer_.
"Peter T. Curtenius, _State Auditor_.
"Aaron Burr, _Attorney-General_."
On The 19Th Of January, 1791, Colonel Burr Was Appointed A Senator Of
The United States, In The Place Of General Schuyler, Whose Term Of
Service Would Expire On The 4Th Of March Following. Until About This
Period He Was But Little Known As A Partisan Politician. After The
Organization Of The Federal Government Under The New Constitution, He
Appears To Have Felt A Great Interest In Its Operations. In The French
Revolution Also, His Feelings Were Embarked; And He Was Among The
Number Of Those Who Condemned The Cold And Repulsive Neutrality Which
Characterized The Administration Of That Day.
Chapter XVI Pg 314
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