Type Undetermined

Commutation of Pay

Doesn't feel he is sufficiently empowered to grant Sullivan his "commutation" but believed that his pay that was due at the termination of service should be paid despite law or act of Congress that is currently inhibiting his pay.

1785

10

26

New York

Sullivan

John Pierce

Congress

Carburry

Carbury

New York

pay

payment

act

service

retirement

discharge

debt

commutation

1785102637001

1

[editor's note: everything centered]
To Mr. Sullivan
Oct. 25. 1785
[undecipherable]
2729
Copied [editor's note: circled]
N York October 25th. 1785.
Sir
Your Letter to me of the 2d Instant being particularly considered,
in answer to which I am obliged to inform you
I do not find myself sufficiently authorized to grant your
request, for to as commutation for in my opinion, Congress, or a Court Marshal
any Court before whom the manner of your having
the service of this Country may properly come, will
undoubtedly not consider you not in the service of this country at the end of the war,
which is made essentially necessary, to give any
officer of the army a title to the commutation —
In respect to the arrears of pay that was due to you
at the time you left the service, unless some resolution
of Congress or Law of this Country debars you from
receiving it I am of opinion that it must be granted you
Mr Carburry's case differs materially from yours
he was not an officer of the United States at the time of his
leaving the country, and he had accomplished every
service, by which his commutation was constituted
a debt of the United States.
Mr Sullivan

To the President of Congress
Oct 26, 1785,
(Copied)
Cornet John Sullivan
4 [undecipherable]
[undecipherable]
N York; October 26 1785
Sir
Mr Sullivan who was an Officer of the army in the Ranks of the
Pennsylvania Troops in Philadelphia who was suspected
of being concerned in the revolt and who left this country in
consequence of such suspicion, has applied to me for his pay
and commutation —
[entire ¶ below x'd out,]
[Being at a loss in what light he ought to be considered,
has occasioned my the at address to your Excellency and Congress
my address to Congress on the subject which to do myself the
Honor to address your Excellency on the subject]
In answer to have I have informed him that it appeared to
me on leaving this country while in the service he was an officer would be to
censured construed a relinquishment of the service his appointment and that therefore
he was not in the service at the end of the war, which as
made necessary to entitle an officer him to the commutation, but
that the pay arrears which was due to him, at the time he left the
country being a debt must be paid, unless a new resolve of Congress or
Law of this country debars him.
At a loss in what manner to conduct myself on this
occasion I do myself the honor to apply myself to your Excellency &
congress for consideration — and am with the utmost respect
Your Excellencys
most obedient Sert
JP
His Excellency the President of Congress