Lenoir County, NC - Dallam Caswell Petition, 1804
To the Honorable the General Assembly
Gentlemen,
As I am going out of office it is my wish to settle all my public
transactions, particularly those respecting money matters, so as to leave no
kind of room for complaint. I have an account of some monies which have come
to my hands as a public officer, and must show the application of the same; I
have also a bond in the hands of the Treasurer for the purchase of
confiscated property, which I mean to discharge agreeably to a resolution
upon my memorial to the General Assembly, in their last session at
Fayetteville. But in justice to myself and family, who everyone knows (who
was acquainted with my business) I have much injured in interest by serving
the public, and as I flatter myself that my public services were effected
with as much zeal and attention to the Interest and advantage of the State as
those of any other officer I hope I shall be considered to be entitled to the
same justice that the other public officers have received from the hands of
the Legislature; I mean such as have had the depreciation of the of the paper
money made good to them, to wit, Delegates to Congress, former Governor,
Judges and others under this expectation I take the liberty of mentioning my
having been in the executive of Government in the years 1777, 1778 and 1779,
when the depreciation was rapid, particularly the last year, as at the
commencement money was at ten for one, when in order to make my salary equal
to one thousand pounds (a piece) the allowance was ten thousand pounds, at
the end of six months the money was at twenty five for one, and at twelve
months end fifty for one, so that supposing that one half to be paid at the
end of the first period, and the other half the latter the whole amount in
value to three hundred pounds only.
(Second page)
Having this states matters as they really were, I humbly submit to the
General Assembly the propriety of their directing the Comptroller on the
settlement on my Accounts, to allow me the depreciation of my salaries in the
years 1777, 1778 and 1779, in doing which I shall receive that justice in
common with others which I conceive I am entitled to.
Richard Caswell
December 15th 1787
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To the Honorable the General Assembly now sitting
The Memorial of Richard W Caswell respectfully sheweth_
That your memorial is the only child and son of William Caswell deceased who
was the only son of Mary Mackilwean to whom a Grant did issue under the seal
of crown dated the 15th of November 1743 for 200 Acres of land situate then in
Craven County, now Lenoir County. That the said land has decended by heirship
to your memorialist the patent or Grant for which is in his possession and
appears by the endorsement on the back thereof to have been recorded in the
Secretary's Office but so it is that in searching in that office it cannot be
found on any of the Records. Therefore to the end the title nay be preserved,
your Memorialist prays the Honorable the Legislature to direct the Secretary
of the State to place the same on the Records in that office.
Richard W Caswell
No Record can be found in the Secretary's Office of the Grant mentioned in
the above Memorial.
Will White Sec. 10 Dec 1804
(Reverse side of letter reads)
Richard W Caswell
Secty to Record a Patent
Mary Macilwean, Memorial
Resolution rcd W Bruton
By J Hunt Clerk
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To the Honorable the General Assembly of the
State of North Carolina
Dallam Caswell, the only surviving son and Executor of the late
Richard Caswell, by this his Memorial and petition respectfully sheweth,
That Richard Caswell, your petitioners father was Governor of
this State in the years 1777, 1778 and 1779 and that he was again Governor in
1785, 1786 and 1787, that in course of the time of his being last called to
the executive business of the state he became accountable, as your
petitioner, who was then an infant, is since told, for a certain sum of money
belonging to the public but by what means and in what way he knows not. Those
monies were in the first place charged by Mr Child, the then Comptroller, to
Winston Caswell, as private Secretary to the Governor, and a judgment was had
on the account so raised- This judgment was afterwards reversed for error, as
being taken against the wrong person, and the vouchers in charge against
Winston Caswell, were therefore charged to Richard Caswell, then late
Governor, and judgment and Execution were had and levied on the real and
personal estate of the said Richard who had some time before died:- All the
personal estate of your petitioners father has been sold by this and other
Executions. One or more stays of this Execution, so far as respects the real
estate, have been granted by the Legislature, but at whose insistence your
petitioner is not well informed. An account of some irregularity in the
proceedings or Judgment, this Execution has not yet been satisfied and lately
your petitioner and all others the Heirs of Richard Caswell have been called
into the Court of Equity for the District of Hillsborough in regards to the
unsatisfied part of this Execution.
Your petitioner, as is above stated, had no knowledge of the origin of this
debt, but as the money is demanded and saught by the State, he has reason to
believe it justly due and very sincerely wishes it were in his power to pay
it, but unfortunately for him as well as for others of the Heirs, the Estate
of his father has been wasted and distroyed, and there now remains naught to
him or to them save a small share each in the tract of land lived on as
aforesaid. Sell this tract, and your petitioner as well as others who live
with him will not only be deprived of the remnant of that patrimony to which,
in more prosperous days, they looked for a competency, but will, literally
speaking, be left without the means of subsistence.
Your petitioner has however no wish to excite the commiseration of the
General Assembly, but would respectfully ask as a matter of justice, that
this claim of the state may be set off by one which he hopes and believes it
will be admitted by all is equally just, and due to the Estate of his father
for and on account of the depreciation of the salary allowed him when first
Governor of the State.
To shew the amount of his fathers claim on the state in this regard, he
herewith submits an account stated. To shew that he claimed the depreciation
charged, he takes the liberty of enclosing the copy of a message sent by his
father to the assembly at Tarborough in 1787 on that subject and to shew that
he did not relinquish his claim, because that assembly did not finally act on
it, your petitioner begs have to refer to the certificate of the public
Treasurer herewith likewise submitted. It will seem by the account stated
that the claim for depreciation, which might indeed be properly charged at a
much higher rate, amounts even as it is charged by the sum of Fifteen hundred
and fifty three pounds eight shillings and six pence-and it may be seen also
by the Comptrollers books that the same in charge against the petitioners
father is nine hundred and twenty eight pounds six shillings and ten pence.
As the Legislature thought proper to make good the depreciation of salary to
the Delegates in Congress to the Judges-and to the former Governors of the
State as your petitioner finds it is expressly stated they did in the message
sent them by his father last above mentioned and submitted, he hopes with
confidence and indeed assured himself your Honorable Body will determine that
the same measure of Justice is due to all.
His prospects of fortune, through patrimony, have long since ceased and he
feels no wish to make money at the expense of the public, if it were in his
power. He does not therefore ask, even for the depreciation charged in the
account rendered and which he conceives to be justly due, because if it were
paid it would amount to a mere pittance when divided among those who have a
right to claim a share. All he therefore would ask of this General Assembly
is that the one claim may be ballanced by the other, and that the state will
order the cost of suit commenced by them to be paid making this request only
and asking no more, he, with the confidence, submits himself and the
reasonableness and Justice of his petition to the General Assembly.
Raleigh Dec 1804 D Caswell
(On reverse of last page)
The Memorial and
Petition of Dallam
Caswell
In Senate December 7th 1804
Read & refered to the Committee of
Propositions and grievances
By order
M Stokes Clk
Dec 4, 1804
The Commissioner of Proposition and Grievances to whom was referred the
memorial and petition of Dallam Caswell, of Lenoir County, Report,
That they have examined and considered the said Memorial and petition
together with the account and Documents accompanying the same, and find the
facts stated therein are true- That is the say, they find that the late
Richard Caswell was Governor of this state in the years 1777, 1778 and 1779.
They find also that during those years the salary of the Governor was fixed
at one thousand pounds of specie value.- They find likewise that Mr Caswell,
the petitioner, in making out his account estimated the Governor salary at
eight hundred pounds and not at one thousand pounds, which he might
rightfully have charged.They find the depreciation of the money of those
days to have been as is stated and charged in the amount rendered and that it
leaves a balance calculating an annual salary of eight hundred pounds only,
after _ _iting all sums received of Fifteen hundred and fifty three pounds,
eight shillings and six pence 1553.8.6
They find further, that North Carolina has a balance of claim in the Estate
of the said Richard Caswell, to amount of Nine hundred and twenty eight
pounds six shillings and ten pence 928.6.10 which being deducted from the
sum due in depreciation of salary as aforesaid, leaves six hundred and twenty
five pounds one shilling and eight pence 625.1.8.
The above are the facts as they appear to your Committee. Had the full amount
of salary been charged and the consequent depreciation your Committee sees no
just cause wherefore the whole should not have been allowed. However, the
account rendered being as is above the stated and the petitioner having
thought proper to request only that the one claim might be balanced and set
off by the other, and that the costs which have accrued in consequences of
suits commenced in this regard be paid by the state, Your Committee
unanimously agree in reporting the following Resolution towit,
Resolved, that the Treasury officers be and they are hereby directed to
balance the account in charge against the estate of Richard Caswell formerly
Governor of this State and that the public Treasurer be and he is hereby
directed to pay out of the public chest all costs which have accrued and
remain payable, in consequence of the suits in Law or Equity commenced for
the recovery of the sum so in charge against the estate of the said Richard
Caswell as aforesaid.
Alex Martin
In Senate Dec 14th 1804
Read & resolved that this House do concur therewith.
By Order Jo (unreadable signature)
M Stokes Clerk
In the House of Commons 15 Dec 1804
Read and concurred with N Cabarrus
By Order J. Hunt
On opposite of paper
Report on the Petition of Dallam Caswell
928.6.10
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North Carolina
Treasury Office 7th Dec 1804
On the application of Mr Dallam Caswell and in compliance with
his request I hereby certify, that some time in the year 1789, as well as I
now recollect, a letter was addressed to me as Treasurer, by the late
Governor Caswell, the prospect of which was to request, that suit might not
be commenced against his son Winston Caswell for the recovery of a sum of
money with which he stood charged, by Mr Child the Comptroller, as private
Secretary to his Father when Gov of the State: In this letter, Governor
Caswell stated as the ground of the request he made, that the state of North
Carolina was indebted to him for the depreciation of his salary when and
during the time he was first appointed Governor of the State. That at the
Assembly, the next after the date of his letter and which was about to
convene at Fayetteville, he would apply for the said depreciation, with
which, if allowed, he would pay off the sum in charge against his son and
secretary: he added that if the Legislature, contrary to his expectations,
would refuse to make his sons allowances, that there and as such case, he
would provide for the payment of the monies charged to his son from other
sources.
He died at the commencement of the session of the assembly above referred to,
and of course had it not in his power to comply with the promise made as
aforesaid.
John Haywood
Dec 7th 1804
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North Carolina
Treasury Office 13th Dec 1804
On a second application of Mr Dallam Caswell I certify, that there has not
been any payment of any kind whatsoever made out of the publick Treasury on
account of or towards the depreciation of the salary of the late Governor
Caswell, since the commencement of the year 1787, the time I came into
office; nor have I any reason to believe that any such payment has at any
time therefore made; on the contrary, from the Governors application to the
assembly at Tarbourough for the depreciation of his salary and from his
subsequent letter to me on the same subject, I have every reason to believe
that no payment or allowance of this nature ever has been made to him or to
his representatives.
John Haywood Treasurer
***************
NORTH CAROLINA
In Senate December 17th 1804
Mr Speaker,
We propose that the rule heretofore entered into requiring that
all reports and resolves the object of which being to draw money out of the
Treasury shall be read three times in each House, before they are allowed;
shall be dispensed with so far as it relates to the reports of the Committee
of Claims; and also to the report on the petitions of Dallam Caswell.
By order Jo Riddick
M Stokes Clk
In House of Commons 17th December 1804
Read and concurred with S. Cabarrus Spkr
By Order
J Hunt
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