Act to regulate the claims of invalid persons
Document 1793Discusses adjudication by Supreme Court on the validity of the rights claimed by invalids under the act entitled "An Act to provide for the settlement of the claims of widows and orphans, barred by the limitations heretofore established, and to regulate the claims of invalid pensions."
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[House. already recd]
The Secretary of War, respectfully
Reports, to the Senate,
and House of Representatives of the United States.
That by the Act passed the last Session of Congress, entitled an Act to regulate the claims to invalid pensions, it was made the duty of the Secretary at War in conjunction with the Attorney General, "to take such measures as might be necessary to obtain an adjudication of the Supreme Court of the United States on the validity of the rights claimed by invalids under the act entitled "An Act to provide for the settlement of the claims of Widows and Orphans, barred by the limitations heretofore established, and to regulate the claims to invalid pensions" by the determination of certain persons stiling themselves commissioners."
That in obedience to the said Act, an unsuccessful attempt was made in August last, to obtain an adjudication of the Supreme Court, upon the claims of the said invalids, as will appear by the Report of the Attorney General herewith submitted No 1.
That such adjudication has been recently obtained, and that the determinations of the commissioners were held to convey no legal rights to the invalids claiming under them, as will appear by the report of the Attorney General hereunto annexed No 2.
All which is humbly submitted to the Senate and House of Representatives of the United States.
H. Knox.
Sec. of War.
War Department
February 21. 1794.
[Enclosure/s]
No 1.
Copy of a letter from the Attorney General of the United States, to the Secretary of War dated Philadelphia Augt 9. 1793.
Sir,
In consequence of our arrangements I moved the Supreme Court of the United States on a Tuesday last for a mandamus to be directed to you as Secretary at War, commanding you to put on the Pension List one of those who had been approved by the Judges acting in the character of Commissioners. The decision of one case would have involved every other. But two of the Judges having expressed their disinclination to hear a motion in behalf of a man who had not employed one for that purpose and I being unwilling to embarrass a great question with little intrusions, it seemed best to waive the motion until some of the invalids themselves should speak to Counsel. To this end I beg leave to suggest the propriety of a letter from your office to such of the invalids, as have been certified to be proper for pensions, and perhaps it may be well to intimate the turn which the affair has taken and I have just mentioned. It was very unlucky that although one of the invalids was in Court when I made the motion and heard the difficulty he omitted to notify himself to me until the court had risen and it was too late.
I have the honor to be Vr.
signed Edm. Randolph.
True Copy
Jno. Stagg Jun.
Chf. Clk. W.D.
No 2.
Report of the Attorney General of the United States to the Secretary of War dated Philadelphia February 17. 1794.
Sir,
I have to report, that in consequence of measures taken to obtain a decision of the Supreme Court of the United States, upon the validity of the adjudications "of certain persons stiling themselves commissioners under the Act of the 23d of March 1792" that court has this day determined (in the case of Yale Todd) that such adjudications are not valid.
I have the honor to be,
with great regards,
Sir,
Your most obedt. Servt.
(signed) Wm. Bradford.
The Secretary at War.
True Copy-
Jno. Stagg Jun. Chf Clk. W.D.
Type
Copy of document
Description
Discusses adjudication by Supreme Court on the validity of the rights claimed by invalids under the act entitled "An Act to provide for the settlement of the claims of widows and orphans, barred by the limitations heretofore established, and to regulate the claims of invalid pensions."
Date
02/17/1793
Author
Recipient
Document number
1793021740001
Page start
6
Note
Copy of a letter by John Stagg Jr.
Notable persons
Henry Knox
William Bradford
Supreme Court
Notable locations
Philadelphia

