Pasquotank County, NC - Military - Petition for Pension - 1827 To The General Assembly of the State of North-Carolina _____________________________ The Petition of John B Ogg, Merchant, a native citizen of the Commonwealth of VA Respectfully sheweth, That the state of North-Carolina is in debt to your petitioner to an amount that will be proved by several certificates, executed and issued by virtue of, and under solemn acts of the General Assembly, by the legally specified, and authorized commissioners, and confidential agents of that body, for services formerly acknowledged to have been rendered by many whose mouldering bones now mingle with their kindred earth; and at a period critically important as well to oppressed and suffering humanity, as to this then infant state, and to the confederated states who had all that could be dear in life at stake, and whose independence, under a superintending Providence, was achieved and freedom established, through peril, privation and unceasing toil, by those brave citizen soldiers, and philanthrophists, who breasted the shock of battle and storm of war to effect it: and who placed it on such rational, and fixed principles as makes the government framed and adopted by them, the envy and the admiration of the civilized world: it being such (if persevered in,) as promises an endless perpetuity to national happiness; and has given to this state, and to the United States, an existence, a name, and a proud political station among the nations of the world. That of the amount so appearing due by the said certificates: a list whereof are hereon given at foot: [and that they are genuine he is ready to prove] not a cent has been paid; though they were received for their full value; as your petitioner's affidavit hereunto annexed satisfactorily shews, he trusts, to every unbiassed, partriotic, and liberal mind. That while your petioner makes this statement, and delivers the list at foot hereof, of the said several certificates of said debt due by the state as before stated, he proffers to exhibit the originals to your honorable body, or to any of its members, or to any person whom your body shall authorize, not only to examine, but even to scrutinize them; conscious as he is that as evidence of the debt, they will stand every test to which they can be subjected. Your petitioner is aware that states, like individuals, have their seasons of pecuniary embarrassment, has hitherto abstained from pressing this his demand; though he at times, and with extreme delicacy made known the existence and the evidence thereof to the venerable officer he conceived to be the legal organ of the state in such cases: to wit, the state treasurer. But now seeing with pleasure, and feeling a pride in the consciousness that North- Carolina, grown great and mighty in physical strength, wealth, and resources, can pay from her abundance the trifling pittance which justice, honor, gratitude, feeling, humanity, and public faith combine to demand to be paid of right, as a debt honestly and positively due to those state creditors; those champions of her liberty, whose daring and untameable courage, nobleness of soul, openness of purse, and boldness of heart, laid the foundation of those republican institutions, by the exercise of which, you, gentlemen, have been voluntarily chosen to represent a free, brave, hardy and gallant people, and are now happily assembled, in comfort, and security, to promote in peace, as a body, by uninterrupted and deliberate legislation, the welfare and happiness of your fellow citizens, and accelerate their progress to perfection in all the arts and sciences that lead to the amelioration and benefit of man, in his individual, as well as social state, and impress a love for, and enforce an obedience to that old, unyielding moral maxim given to man by nature, and by nature's God, namely, "live honestly, hurt nobody, and give to every one his due," and holding, as her geographic position and great local advantages entitle her to do, an enviable rank in the great confederacy of sovereign states, forming our admirable national republic: and possessing a treasury amply filled by the exertions, the intelligence, enterprise, and industry of its laborious, active and virtuous citizens; and conscious that the concentrated pride, the moral feeldings, the public faith, and the political integrity of so great and prosperous a state forbids a violation of her faith pledged; or her honor being tarnished by lying under the reproach of being the last, as she is the only state in the confederacy that has not fully paid such debts: debts incurred too, for the support and success of a cause sanctified by the purity of its motives; hallowed by its felicitous results; and consecrated in the hearts and recollections of a grateful people by its public virtue, and adventurous spirit; and by the blood of those who fell martyrs to effect it; and by the wants and sufferings of a few war-worn veterans who survived the always dreadful, and once doubtful conflict: on all of whom, great, good, and chivalrous, in after times, will be showered as a meed of justice, the blessings, the admiration, and the gratitude of countless generations rolling on, in natural progressive succession through ages to come, until time itself, with this great globe, and all that it inhabit shall be lost in "eternity's ocean"; and the place of man, on earth no more be known. That your petitioner having been not only affluent, but opulent, and a republican in principle, was able, without inconvenience, to gratify his wish (as a patriot) of seeing North Carolina asa republican state, properous and happy, and therefore indulged her as his debtor, in doing of which he has enjoyed the heartfelt pleasure of having a full and intimate view of her rapid march to political greatness, prosperity and happiness, achieved for her by those great, good, and intrepid men in whose talismanic names he asks from your honorable body, what truth, faith and common honesty shew to be their due beyond the power of refutation: and due, because dearly earned in their proper persons, in many hard-fought, and bloody fields. That reverses in fortune having occurred to him from unforseen casualties in business: and having an amiable and beloved wife with a numerous family, principally of young and helpless children, to provide for, the payment of this just debt is rendered doubly necessary to him at this time. WHEREFORE, he most earnestly, but respectfully solicits the investigation by your honorable body of his said claim, and if it shall, upon such investigation, be considered well founded, just and equitable, and agreeable to honesty and good conscience, that the payment thereof be directed: or such other, and further order made therein, as shall comport with the honor and dignity of the state, and the doing even handed, and substantial justice in the premises to your petitioner, and he will pray. The facts set forth in the above petiton were sworn to on the Holy Evangelists to be substantially true, before the Clerk of Pasquotank county court in the fall of 1826, as will appear on reference to the papers and documents presented to the General Assembly, January, A.D. 1827. A Summary of the Laws governing the subject of the above petition. 1782, 2d session, ch 2, sec 2, John Hawks, James Coor, and William Blount, or any two of them a board to settle the army accounts. Ire Rev 421. 1783, Sec 13. Same act appoints Willie Jones, Henry Montford and Bejamin M'Culloch, Esqs. commissioners to settle with the officers and soldiers of the continental line, upon giving bond and security for the faithful performance of that duty, and taking the oath of office prescribed by law. Iredell's Rev 445. Sec 14. Same act enacts that the said commissioners, upon ascertaining the amount exactly due, shall give a due bill payable at sight for one-fourth of the amount, and a certificate under their hands for the balance (or remaining three-fourths,) due in specie, &c. Ire Rev 445. 1783, ch 5, section 14. Willie Jones, Benjamin McCulloch, and Henry Montford appointed commissioners to settle the army accounts in the manner directed by the act above cited, in the place of James Coor, John Hawks, and William Blount. Ire. Rev 451. 1784, ch 13, sec 1 and 2. The delegates in congress, were instructed to assent to a repeal of that part of the 8th article of the confederation which required congress to pay all war charges from a common treasury. Ire Rev 481. 1784, ch 15, sec 4. John Macon appointed a commissioner in the place of Willie Jones, resigned, and it is ordered that the money paid to Willie Jones, Benjamin McCulloch, and Henry Montford to settle with the officers and soldiers of the continental line, together with ten thousand pounds more ordered to be emitted in due bills to enable the said commissioners to pay one-forth of the sums found due in cash to each officer and soldier, be paid to the said Benjamin McCulloch, Henry Montford and John Macon, who are appointed commissioners for that purpose, on their taking the oath prescribed by the act, and giving security severally for the faithful performance of their duty each in the sum of 30,000L. (which by the lawful currency at that time of two dollars and a half to the pound, made the amount in which the three were bound $225,000, a sum that must be allowed to be sufficient to secure the interest of the state confided to them.) Ire Rev 484. Sec 5. Same act, the said commissioners or any two of them were authorised to settle all accounts with the officers and soldiers not adjusted, and give a due bill payable at sight for the one- fourth of the amount due, and an indented certificate for the other three fourths. Ire Rev 484. Sec 6. Same act enacts that if the sum emitted shall not be sufficient, &c. that still the said commissioners shall proceed to settle finally in like manner with the officers and soldiers, and "shall issue certificates for three-fourths of the amount due as in other cases: and a separate and distinct certificate shewing what is due to each claimant in money, taking a receipt in full in order that the state may be enabled to settle and obtain full credit with the United States," and the amount of such separate and distinct receipt (being in the nature of a due bill for the one-fourth) is directed to be paid out of the tax collected for 1784. Ire Rev 484. 1784, 2d session, ch 24, sec 1, The continuance of the board of commissioners limited. Ire Rev 543. Section 2, Enacts that Benjamin McCulloch and Henry Montford be the commissioners for making final settlements with the officers and soldiers, and John Macon was left out, and they were to pay several separate certificates out of the tax of 1784, and their receipts for such money was made a voucher for the public treasurer in the settlement of his accounts. Ire Rev 543. 1785, 2d session, ch 13, sec 1. Revives the board of auditors (commissioners) for a limited time, and appoints Benjamin McCulloch, Johh Macon and Henry Montford, or any two of them, commissioners upon their giving security and taking the oath prescribed by law, to settle with the officers and soldiers of the continental line agreeable to the act, (above cited) of 1784. Ire Rev 556. Sec 2, Prescribes the oath of office. Ire Rev 556. Sec 3, Enacts that the said board shall settle the remaining claims of the officers and soldiers of the continental line, &c. and shall issue to the respective claimants two indented certificates, one of which shall be for a fourth part of the sum due, and entitle the party or his assignee to prompt payment, the other shall be a certificate of three-fourths of the amount due, and shall be in the common form. Ire Rev 556-7. Sec 4, Same act enacts that the commissioners aforesaid shall sit the first ten days in April, May, and June, 1796. Ire Rev 557. 1785, ch 16. Commissioners were appointed by congress to audit and settle the accounts of the state of North-Carolina. Ire Rev 559. 1789. The Federal Constitution was adopted, which forbids the passage of any law by a state impairing the obligation of contracts. On this it may not be improper to remark, that a contract was entered into and existed between the state, and officers and soldiers. They were parties capable to contract, and who did contract, for certainly a man is as much entitled to be paid on his contractor for fighting his country out of a war at the risk of his life, and of every thing he holds dear, as for writing her into one, during the time he is doing of which he may be enjoying leisure, a good salary, pleasure, and every comfort; they are both the legitimate subjects of contracts with the public, and as such when made, should be held equally binding and equally sacred by the public they serve. 1790, ch 13, sec 1. The agent or agents for settling the army accounts of the state of North-Carolina with the United States, "are called on, and required to transmit to the public treasurer of this state before the first day of May next, an accurate and correct list of the names of all and every of the real military claimants whose accounts were settled by the commissioners appointed for that purpose in Warrenton in the year 1786, either by themselves or through others, together with a true copy of the muster rolls of the contential line of this state, which were returned during the war, or at any time since, and a complete list or return of all the settlements made by the several boards of commissioners appointed to liquidate the claims of the continental line of this state, for their services during the war, including the whole of that business done, either at Halifax or Warrenton; which lists and returns shall be made by the agents as aforesaid in alphabetical order, the said agent or agents stating the particular sums due to each claimant agreeably to the public records and acts of congress on that subject, and also inserting the sums due to each individual under the authority of the several acts of this state, and on the principles on which the accounts of officers and soldiers were settled at Halifax in the year 1783, 1784, and 1785." Ire Rev 700. Sec 4. Provides for payment of unsettled claims. Ire Rev 701. The above enactments were fully complied with by Abishai Thomas, Esq. then agent for the state of North-Carolina, at Philadelphia, where the United States government was at that time located; the documents, muster rolls, and lists of names alphbetically arranged, and duly certified, being by him transmitted as required by law to the state treasurer, which muster rolls and lists so certified, authenticated, printed and published, are now in the office of the comptroller of this state; in which said list will be found the most conclusive and irresistable evidence of the justness of the claim made by John B Ogg, inasmuch as it proves that the several amounts he claims have been allowed to the state of North-Carolina by the United States, on a settlement of accounts as far back as the 25th of February 1793, since which time, the State of North-Carolina has had the use and benefit of the said sum and sums of money which are now most respectfully claimed by the said petitioner John B Ogg, as on reference to the said muster rolls and lists will fully appear, as they will be found severally numbered on the pages here cited of the said document as follows; Number Names of the Page on By whom signed as Commissioners on the claimants the muster for the State of North-Carolina pay roll to whom payable roll ____________________________________________________________________________ 2747 Elisha Britt 10 Benj M'Culloch & Henry Montford 2091 Arthur Cross 16 John Macon and Henry Montford 2870 Arthur Groves 30 Do and Do 1483 John Gordon 39 Henry Montford & Benj M'Culloch 2090 Stephen M'Phaden 48 John Macon and Henry Montford 2092 Isaac Milberry 48 Do and Do 2746 Simon M'Foster 50 Benj M'Culloch & Henry Montford 3017 Joab Overton 53 John Macon and Benj McCulloch 2745 Andrew Right 61 Benj M'Culloch & Henry Montford 2973 Antony Roges 61 Henry Montford and John Mason 2380 Henry Taylor 71 same and Benj M'Culloch 2381 Joseph Toomer 71 same and same 2869 Mason Weatherington 78 same and same (continued to right of above) Am't of the Am't of the 3/4 Am't of the Am't total or whole sum called for by due bills for proof of cor- due by the the specie 1/4 of pay rectness payroll certificate ________________________________________________________________ £185 5 8 138 19 3 46 5 6 185 5 6 186 139 10 46 10 186 186 11 3 139 18 6 46 12 9 186 11 3 104 5 4 78 4 26 1 4 104 5 4 186 139 10 46 10 186 186 139 10 46 10 186 185 5 8 138 19 3 46 6 5 185 5 8 60 4 2 45 3 3 15 1 0 60 4 3 185 5 8 138 19 3 46 6 5 185 5 8 186 139 10 46 10 186 97 4 72 18 24 6 97 4 97 4 72 18 24 6 97 4 186 11 3 139 18 6 46 12 9 186 11 3 ______________________________________________________________ £2031 17 1523 18 507 19 1 2031 17 1 It will be found, on comparing the above enumerated certificates with the above mentioned lists and documents, certified by the state agent as above set forth, that each certificate is given for three- fourths of the whole amount so stated and reported to be due to each several individual in whose name a claim is held and made by the petitioner, and it will also be seen that the several officers and soldiers mentioned by themselves, or their agents of attornies, on receiving the said certificates, gave receipts in full for the whole amount due to them in strict conformity with the acts of Assembly, one of which certificates was for the prompt payment of one-fourth of the amount due, and the other certificate for the remaining three-fourths to be paid at some future day, a mode of settling accounts in daily occurrence in private life, where a man closes an account by taking the note of his debtor, and gives him a receipt for the account. 1792, ch 4, sec 1, and sec 3. Requires the agent for the state, for the settlement of its accounts with the United States, to transmit to the comptroller an accurate list, &c. which the comptrolleris required to arrange; and which is to include all settlements made. Mar Rev 2b 24-5. It will be seen, on examination, that the certificates for the three-fourths, authorised and required to be issued in indented certificates, with the due bill for one-fourth in prompt payment (the words of the law) make up the sum certified by Mr Ab Thomas, the agent for this state, to be due to each individual named in the said list, settled for with the United States Government at Philadelphia by him, and is of course conclusive evidence that the state of North-Carolina has had credit given to her in account by the United States for the amount, and consequently owes it to the several individuals named in the said certificate by the said accredited agent. JOHN B OGG Raleigh, January, 1827 ============================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. File contributed for use in USGenWeb Archives by Guy Potts ==============================================================