B-131501, JUN. 14, 1957

B-131501: Jun 14, 1957

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WAS FORWARDED HERE BY THE TREASURY DEPARTMENT ON MARCH 18. WAS DISALLOWED BY SETTLEMENT OF JANUARY 15. YOUR CLAIM IS FOR REDEMPTION OF A CONTINENTAL CERTIFICATE WHICH YOU STATE WAS ISSUED TO YOUR GREAT-GREAT-GREAT-GRANDFATHER. WAS RECEIVED MANY MONTHS LATER. IT BEING INDICATED THAT IT WAS ISSUED ACCORDING TO A RESOLUTION PASSED IN CONGRESS AT PHILADELPHIA ON SEPTEMBER 26. YOU STATE THAT YOUR CLAIM IS FOUNDED ON VARIOUS PROVISIONS OF THE CONSTITUTION AND AMENDMENTS. WHICH WAS QUOTED AT LENGTH IN OUR SETTLEMENT OF JANUARY 15. WHICH HAVE NOT ALREADY BEEN BARRED BY ANY ACT OF LIMITATION. SHALL FOREVER AFTER BE BARRED AND PRECLUDED FROM SETTLEMENT OR ALLOWANCE: * * *" UNDER THE CIRCUMSTANCES THIS OFFICE IS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.

B-131501, JUN. 14, 1957

TO MRS. INEZ M. ESPOSITO:

YOUR LETTER OF DECEMBER 11, 1956, WITH ENCLOSURES, WAS FORWARDED HERE BY THE TREASURY DEPARTMENT ON MARCH 18, 1957. YOUR CLAIM, ORIGINALLY PRESENTED BY LETTER DATED NOVEMBER 5, 1956, WAS DISALLOWED BY SETTLEMENT OF JANUARY 15, 1957.

YOUR CLAIM IS FOR REDEMPTION OF A CONTINENTAL CERTIFICATE WHICH YOU STATE WAS ISSUED TO YOUR GREAT-GREAT-GREAT-GRANDFATHER, JOHN HOLLY (HOLLEY), FOR HIS SERVICE IN THE REVOLUTIONARY WAR. ACCORDING TO THE INFORMATION IN YOUR LETTER OF DECEMBER 11, 1956, JOHN HOLLY JOINED THE ARMY IN DECEMBER OF 1775 AND SERVED FOR ONE YEAR AS A PRIVATE IN CAPTAIN OLIVER CLARK'S CO., COLONEL M. VARNUM'S RHODE ISLAND REGIMENT. APPARENTLY THE CERTIFICATE, IN THE AMOUNT OF $60, WAS RECEIVED MANY MONTHS LATER, IT BEING INDICATED THAT IT WAS ISSUED ACCORDING TO A RESOLUTION PASSED IN CONGRESS AT PHILADELPHIA ON SEPTEMBER 26, 1778.

YOU STATE THAT YOUR CLAIM IS FOUNDED ON VARIOUS PROVISIONS OF THE CONSTITUTION AND AMENDMENTS. WHILE THE FIRST CONGRESS NOT ONLY RECOGNIZED CLAIMS FOR SERVICES DURING THE REVOLUTIONARY WAR AND EXTENDED THE TIME WITHIN WHICH SUCH CLAIMS COULD BE PRESENTED FOR SETTLEMENT (SEE THE ACT OF MARCH 27, 1793, 1 STAT. 245, WHICH WAS QUOTED AT LENGTH IN OUR SETTLEMENT OF JANUARY 15, 1957), IT ALSO PASSED THE ACT OF FEBRUARY 12, 1793, 1 STAT. 301, WHICH PROVIDES, IN PART:

"THAT ALL CLAIMS UPON THE UNITED STATES, FOR SERVICES OR SUPPLIES, OR FOR OTHER CAUSE, MATTER OR THING, FURNISHED OR DONE, PREVIOUS TO THE FOURTH DAY OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-NINE, WHETHER FOUNDED UPON CERTIFICATES, OR OTHER WRITTEN DOCUMENTS FROM PUBLIC OFFICERS, OR OTHERWISE, WHICH HAVE NOT ALREADY BEEN BARRED BY ANY ACT OF LIMITATION, AND WHICH SHALL NOT BE PRESENTED AT THE TREASURY, BEFORE THE FIRST DAY OF MAY, ONE THOUSAND SEVEN HUNDRED AND NINETY-FOUR, SHALL FOREVER AFTER BE BARRED AND PRECLUDED FROM SETTLEMENT OR ALLOWANCE: * * *"

UNDER THE CIRCUMSTANCES THIS OFFICE IS WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 15, 1957, MUST BE AND IS SUSTAINED.