Memorial of David Brearly
Document 1788Report on the Memorial of David Brearly, concluding that he is not entitled to the benefits of the depreciation as he requests.
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Office of Army Accounts
New York March 7, 1788
Gentlemen
In compliance with the direction of the Board, I have considered the memorial of David Beverly Esqr, late a Lieutenant colonel in the service, and beg to report.
That the memorialist applied to me for my opinion on the allowance of his emoluments as an officer, which application and my opinion thereon I take the liberty hereunder.
That this opinion being particularly founded on the resolve of Congress of July 22d 1779 in which it is declared that the receipt of the memorialist for holding his rank in the army after his acceptance of the office of Chief Justice of the State of New Jersey could not be complied with. It follows, that his acceptance of his office was a supersedeas of his rank in the army and of course he is not entitled to those emoluments which were afterwards granted by Congress to officers that remain in the service —
And that Colonel Beverly having by this means quitted the service prior to the 10th day of April 1780, he cannot be entitled to the benefit of the depreciation which is now required, as that resolve has been uniformly construed to extend to no officers than those that were then in service, as will appear by their resolves of August 5th 1780, May 15th August 12th 1782 & July 3d 1786
Pierce
The Honorable
The Board of Treasury
Office of Army Accounts
New York March 10th 1788.
The Commissioner of army accounts, to whom was refered the petition of Cosimo Medici, begs leave to report, that the commissioner had a deputy in North Carolina from August 5th 1782 to the last of June 1785 for the purpose of receiving & examination the claims of the army. That your commissioner's said deputy advertised in the public papers that those claims to be noticed and [undecipherable] in the matter of [undecipherable] the commissioner a direction in the state that [undecipherable] himself to receive and finally adjust them. — that a resolve of Congress of the 2d day of December 1785 has directed that all persons having claims for services performed in the military department should have exhibited the same for liquidation to your commissioner on or before the first day of August then next, and that all claims under the description above mentioned which should be exhibited after that period is forever hereafter to be precluded from adjustment or allowance, which resolve your commissioner did give public notice of in the State of North Carolina for the term of six months by inserting the same in the newspapers of the state for that period
That the petitioner did not lodge his demands either with your commissioner or his deputy within the period assigned in the before mentioned resolution of Congress, wherefore the commissioner is humbly of opinion that no relief can be granted to the petitioner in respect to the demands on your commissioner's files and that his claim by the said act is forever prohibited from adjustment or allowance — that his further claim for the loss of his horses is not included by the aforesaid act and probably comes before the treasury for the consideration of the propriety of its being admitted and as the compliance with demands of this nature must depend on the resolves of Congress already existing, the particular interposition of Congress in this case your commissioner presumes is unnecessary —
Pierce
[The report on the petition of Cosimo Medici]
Type
Letterbook
Description
Report on the Memorial of David Brearly, concluding that he is not entitled to the benefits of the depreciation as he requests.
Date
03/07/1788
Author
Recipient
Sent from
Office of Army Accounts, New York
Document number
1788030721055
Page start
344
Notable persons
Board of Treasury
John Pierce
Memorialist
David Brearly
Notable locations
Office of Army Accounts, New York
Notable items
Memorial
depreciation

