tation to the Legislature of the authentic copy of the judgment record referred to, and which remained among the archives. A copy and history of the document found by the Secretary of State, was made and transmitted to Mr. Lawrence; and the exhibition of this, with a knowledge of the other circumstances of the case, induced the respectable attorney who was employed by the pretended claimants to abandon the suits at once. When Mr. Lawrence ascertained that several leaves had been subtracted from the minutes of the court, he made search among the representatives of Mr. M'Kesson, the clerk in 1782-3, and fortunately found with one of his grand nephews, the rough minutes of that period, containing the very entries which had been cut from the engrossed copy in the office. It appears by the letter of Mr. Lawrence to the Comptroller, (a copy of which is annexed to the paper marked A,) that the entries abstracted from the engrossed minutes, contained rules for judgment against a large number of individuals whose estates were confiscated; and that the whole number of entries exceed two hundred, and fill seven or eight pages of the rough minutes. This shews that the claim of 30,000 dollars, was only a single item in the fraudulent account which the conspirators hoped to establish against the treasury of the State. Before closing this report, the undersigned ought perhaps to state, that in the fall of 1830, after the passage of the resolution relative to the Assembly papers, he commenced an examination of them in company with Mr. Fryer, and continued it for about five days, when he was called off by other duties. Mr. Fryer, as he understood, continued the examination for several days, but how many is not within his knowledge. A section was put into the supply bill of 1831, page 432, authorising the Comptroller to pay such sum for this service, as he might deem reasonable. The Comptroller offered to pay Mr. Fryer three dollars per day for such number of days as the Secretary of State would certify that he was employed in arranging the Assembly papers. As this certificate could only be given for five days, Mr. Fryer declined it altogether. The Comptroller then required Mr. Fryer to make an affidavit that he had actually been employed so many days, as, at three dollars per day, would make 180 dollars, the sum set up in his account; Mr. F. declined settling the account on these terms, and it is believed, received nothing under the section referred to. Other than a reasonable allowance to Mr. Fryer for his services in 1830, there are no charges, except for 12 boxes, at $2.50 each, amounting to $30.63 cents, and three shillings for cartage. The Secretary would also recommend an allowance of ten dollars to Mr. Hays, for the assistance rendered by him at various times. The appropriation required to meet all the expenses incurred by the Secretary of State, is, therefore, 41 dollars. All which is respectfully submitted, A. C. FLAGG. SIR, DOCUMENTS. (A.) First Letter of Mr. Lawrence. New-York, May 16, 1831. In making examinations on Saturday last at the office of the supreme court in this city, in the case of the attainder of whose estate was forfeited for adherence to the enemy during the revolutionary war, I became satisfied that the record of attainder had been altered, so as to make the forfeiture apparently invalid, by virtue of the treaty of peace with Great Britain. Upon further investigation to day, in company with two clients, whose property is, or is threatened to be the subject of ejectment suits, founded upon Mr. title, the previous impressions I had entertained were fully confirmed in the minds of us all. The circumstances which governed our conclusions are as follows: 1st. The practice seems to have been invariable, as far as I have traced it, to move for judgment against defendants who did not appear and traverse on the day of filing the sheriff's return of advertisement, having been made according to law. The sheriff's return applicable to case, bears date on the second day of August, in the seventh year of our independence; and a memorandum is made on a newspaper attached to the return, that judgment was rendered on the 3d day of August, 1782, which was the day after the return is dated. An endorsement by the clerk, on the paper which encloses the return, affords evidence that judgment was entered on the 3d day of August, 178-. The last figure of the year noted could not be ascertained, being worn off; but it was no doubt the figure 2, as will be inferred from the facts hereafter stated. 2d. On turning to the book of minutes of the supreme court, of the 3d of August, 1782, one or more leaves seem to be deficient, and the marks of a knife on a neighboring leaf, leave no doubt that they have been cut out. No entry is found in the minutes of that day as they stand, corresponding with the memorandum and endorsement above mentioned. 3d. The advertisement contains the names of a large number of persons who appear to have been indicted by the grand jury of Albany, on the 28th April, 1781, by ten several indictments; but no trace of the return of the sheriff, or of the entry of judgment in respect to any of them, was discovered by me, in the minutes of the July term of 1782. 4th. Mr. was indicted, (by one of the ten indictments,) with three other persons. Two of these bore the name of the other was a Mr. The four are mentioned in the sheriff's advertisement. The indictments of the same [A. No. 302.] description, are, I find, usually endorsed with the date of the judgment rendered upon them. The indictment, in this particular case, I could not find. On looking at the respective records of the conviction of the two, -, the caption is found to be, in each case, of July term, in the seventh year of our independence, (say July term, 1782.) These correspond with the memorandum and endorsement mentioned under the first head; the 3d August, 1782, having been included in the July term. and of 5th. The record in case is discolored at the top, as if some preparation had been daubed over that portion, inside and outside. The rest is free from similar stain. Its caption is of the term of April, in the seventh year of our independence, (say April, 1783, which is subsequent to the signing of the treaty.) The month, April, is written on the discolored part of the paper, and evidently, I think, on an erasure. The ink, in parts of the discoloration, has suspicious appearances. On referring to the minutes of April term, 1783, which appear to be entire, I discovered no rule for judgment against These facts, taken together, form a body of proof which seems to be irresistible. If they required additional force, it is afforded by the fact that, as far as my examinations have gone, in regard to the other persons named in the sheriff's advertisement, (who, as I have before mentioned, are numerous,) the judgment records are uniformly of July term, in the seventh year of our independence, corresponding to July term, 1782; which brings the attainders to a period antecedent to the signing of the treaty. Under these circumstances, both my clients and myself, deem it our duty as citizens, to caution the Board of Commissioners (of which you are one) having power to settle claims for forfeited estates, not to make any payments for supposed interests in the property of Mr. The crime which we believe to have been, committed, is of so heinous a nature, as compels us to suggest the propriety of some investigation on the part of the State, which may detect the culprit, and lead to his punishment. As the ejectment suits I have alluded to may involve considerable expenditure, and the State is interested in their result, I have to ask on the part of my clients, whose title is derived through the Commissioners for the sale of forfeited estates, that the AttorneyGeneral, or some other counsel, on the part of the State, may aid in the defence. On this subject, you will oblige me by conferring with the Governor, whom I have not written to, not having at present time to do so. By shewing him this letter, you will save the necessity of my troubling him with a formal communication. Hon. SILAS Wright, Jr. I am Sir, Your obe'dt serv't, Comptroller, &c. &c. JN. L. LAWRENCE. DEAR SIR, Second Letter of Mr. Lawrence. NEW-YORK, June 15th, 1831. After my return to the city, I renewed my application at the Supreme Court office, for a search for the rough or original minutes for the year 1782, which I had before hoped might possibly be in Albany. Recollecting that the papers of John M'Kesson, Esq. the clerk of that time, had been in possession of his nephew, the late John M'Kesson, Esq. of this city, I ascertained upon inquiry, that those papers were in the hands of Mr. John M'Kesson, the grand nephew of the clerk. Upon application to the latter gentleman, he produced a book containing the minutes of the court from 1780 to 1783. Its contents leave no doubt of the fraud I suspected. The rule for judgment against was entered on the 3d August, 1782, as were rules for judgment against a very large number of persons whose estates were confiscated. The whole number of entries abstracted from the engrossed minutes, exceeds two hundred, and fills seven or eight pages of the rough or original minutes. At my request, Mr. M'Kesson deposited, on the 9th inst., the book of rough minutes, in the Supreme Court office of this city. I should have written to you earlier on this subject, but have been prevented by slight illness and the calls of business. I am Sir, very respectfully, Hon. SILAS WRIGHT, JR. Comptroller, &c. Albany. JN. L. LAWRENCE. ( B.) NEW-YORK SUPREME COURT, ss. Of the term of JULY," in the seventh year of the Independence of this State. Be it remembered, that on the twenty-eighth day of April, in the fifth year of the Independence of the State of New-York, the jurors of the people of this State, for the body of the county of Albany, did, upon their oath, present, that late of the city of New-York, merchant, on the fourth day of August, in the year of our Lord, one thousand seven hundred and eighty, at the first ward of the city of Albany, in the county of Albany aforesaid, with force and arms, &c. did adhere to the enemies of this State, against the peace of the people of the State of New-York and their dignity.And the said having, according to the form of the act of the Legislature, entitled "An act for the forfeiture and sale of the estates of persons who have adhered to the enemies of this * In the record at the clerk's office, "July" is erased, and "April" substituted. |