Claims of Invalids
Document 1794Secretary Knox took measures to obtain adjudication by Supreme Court on the validity of claims by invalids. The attempt was unsuccessful, as will appear in Report of Attorney General. Message delivered to House of Representatives and Senate. At stake were claims of widows and orphans.
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[marginalia: Adduce. already rcd]
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 Attor-
ney General, "to take such measures as might be ne-
cessary 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 limita-
tions heretofore established, and [underline: to regulate the
claims to invalid pensions]" by the determina-
tion of certain persons stiling themselves com-
missioners."
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 N.º 1.
That such adjudication has
been recently obtained, and that the deter-
minations 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 N.º 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.
No 1.
[Copy] Copy of a letter from the Attorney General
of the United States, to the Secretary of
War dated Philadelphia Aug.t 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 ap-
proved 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 V.e
signed Edm. Randolph.
True Copy
Jno Stagg Jun.
Ch. 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 con-
sequence of measures taken to obtain a deci-
sion 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 23.d 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 Signed Document
Description
Secretary Knox took measures to obtain adjudication by Supreme Court on the validity of claims by invalids. The attempt was unsuccessful, as will appear in Report of Attorney General. Message delivered to House of Representatives and Senate. At stake were claims of widows and orphans.
Date
02/21/1794
Author
Recipient
Sent from
War Department
Document number
1794022100001
Page start
1
Notable persons
Henry Knox
John Stagg
Edmund Randolph
Attorney general
widows
orphans
commissioners
pensioners
invalids
Notable locations
War Department
Notable items
pension

