Petition of Cosimo Medici
Document 1788Report on the Petition of Cosimo Medici
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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 Esqre late a Lieut Colonel in the service, and beg leave to report.
That the memorial called on me for my opinion on the allowance of his emoluments as an officer, such application and my opinion thereon I take the liberty to [undecipherable].
That this opinion being particularly founded on the resolve of Congress of July 22d 1779 in which it is declared that the request 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 as a supersedes 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 requested, 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 referred the petition of Cosimo Medici, begs leave to report, that the commissioner had a deputy in North Carolina from Augt 5th 1782 to the last of June 1788 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 [undecipherable] and [undecipherable] in the months 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 November 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 once 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 has given public notice of in the State of North Carolina for the term of six months by inserting the same in two newspapers of the State for that period.
That the petitioner did not lodge his demands either with your commissioner or his deputy within the time prescribed 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 demand on your commissioner's office and that his claim, by the said act, is forever precluded from adjustment or allowance — that his further claims 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 resolve 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 Petition of Cosimo Medici
Date
03/10/1788
Author
Recipient
Sent from
Office of Army Accounts, New York
Document number
1788031021155
Page start
344
Note
Recipient not specified, but likely Board of Treasury
Notable persons
John Pierce
Cosimo Medici
petitioner
Notable locations
Office of Army Accounts, New York
Notable items
Petition

