Establishing Responsiblity for Damage to Arms
Document 1795McLean and Van Emburgh cite their contract with the United States, the theme of which is that if any damage was done to the arms while in their care, it must be clearly established that it was their fault before any allowance is provided. The men employed for the transportation of said stores will not refund money to McLean and Van Emburgh unless they can provide that said damage was due to their neglect.
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[Outer cover/wrapper:
Center: Major H[undecipherable]
Lower left, docketing/postal notation: [undecipherable]
Lower right: 56 [undecipherable]]
Sir
Herein we take the liberty to give you an Extract or two from a letter of Mr [undecipherable] of the [undecipherable] on the subject of your letter of the 28 [undecipherable], which he has been enclosed to him —
"If any damage was done to them (the arms) while in
"our Care, this I must protest, it ought to be proven, and
"clearly established, before any allowance can be made
"and until that is done I cannot conceive They can
"with propriety ask any. — I have already pd for the
"transportation of said Store, to Thornton and the Men
"whom I employed to cart them will not refund me
"any part of the money paid, unless I can prove they
"injured the same there their neglect. — I [undecipherable] state
"to you the intention of the [undecipherable] of Arms when on
"board of the [undecipherable] which [undecipherable] them to York —
"from the information of the Capt of said Boat and
"Capt Surydam who seems to have been [undecipherable] in
"[undecipherable] the public Stores), [undecipherable] appears that a
"[undecipherable] on board the [undecipherable] [undecipherable] the Boxes
"were not secured and exposed to the rain [undecipherable]
"water; but Capt refused to take them in that
"condition and requested Capt Surydam, to have
"Them secured, which was done, in a very [undecipherable]
"manner and in that connection They were placed
"on board the [undecipherable] Boat. Now the probability
"is that if any damage was done, it must have been
"been before they came in our Charge." The part
"of the Arms lying in that Condition before they came
"in our Care can be proven by indifferent People.
"If Mr McLean, had retained the Stores in his hands
"until the freight was paid then difficulties
"would not have arisen and if Mr [undecipherable] rightly
"considered the matter, the cheapness of the Charge
"ad all the Circumstances attending the transporta-
"tion of the same he will not hesitate discharging
"the whole Amt" —
The Circumstances above stated lead to a very probable conclusion that the Arms about which you Complain were damaged before they came into his Possession at New-York. —
We are Sir
your very Obedt Servts,
McLean & [undecipherable]
Water Street No 113 [undecipherable]
Feby 9. 1795
Major [undecipherable]
Type
Letter Signed
Description
McLean and Van Emburgh cite their contract with the United States, the theme of which is that if any damage was done to the arms while in their care, it must be clearly established that it was their fault before any allowance is provided. The men employed for the transportation of said stores will not refund money to McLean and Van Emburgh unless they can provide that said damage was due to their neglect.
Date
02/09/1795
Author
Recipient
Sent from
Water Street No. 113 North
Document number
1795020980201
Page start
1
Notable persons
Samuel Hodgdon
McLean & Van Emburgh
Ayers
Captain of our boat
Captain Suydam
Notable locations
Water Street No.113 North
Bordenton
New York
Notable items
extract
damage
arms
proven
allowance
propriety
transportation
refund
chest of arms
vessel
public stores
boxes
rain and salt water
rough manner
boat
freight

