No. 262.

IN ASSEMBLY,

March 7, 1836.

REPORT

Of the Commissioners of the Land-Office, on the petition of Abraham A. Van Horne, and Jane his wife.

The Commissioners of the Land-Office, in pursuance of a resolution of the Assembly of the 13th of February ult. requesting them to report the facts and circumstances connected with the claims of Abraham A. Van Horne and Jane, his wife, against the State, have the honor to submit the following

REPORT:

The petitioners state that Jane, wife of Abraham A. Van Horne, is the only legal representative of Jellis Fonda, late of the county of Montgomery, deceased: That the said Jellis Fonda died in the year 1791, and that he had at the time of his death just demands, which were due to him at and before the commencement of the revolutionary war, against several persons who were attainted for adhering to the enemy during said war, and whose estates were confiscated: That provision was made by an act passed the 19th of May, 1784, for the payment of such demands out of the proceeds of the sale of such forfeited estates: That the demands of said Fonda were ascertained and certified in his lifetime, pursuant to the act aforesaid, about the year 1790, and that the same have not been satisfied; but that they have until lately, remained unnoticed among a mass of papers belonging to him. The [Assem. No. 262.]

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petitioners further say, they are informed and believe that the proceeds of the sale of the estates of the attainted persons, from whom the above demands are due, far exceed in amount the debts owed by those persons at the time of their attainder; and as the people of the State have had the benefit of the amount so realized, they pray for the passage of a law authorizing the examination and settlement of the demands presented by them, upon such terms as shall be deemed just and equitable.

In order to fulfil the requirements contained in the resolution of the Assembly, the Commissioners find it necessary to examine in detail the provisions of the laws under which this claim is preferred, and thus to draw more largely than they would otherwise be disposed to do upon the attention of the Assembly. But as the claim in question belongs to a class both numerous and large in amount, they believe it may be useful, after the lapse of more than 45 years, to give a brief history of these transactions for the purpose of putting on record the evidence, both direct and presumptive, of the satisfaction of these demands by the State, and thus to furnish a ready mode of disposing of any future applications of the same nature, should any such be made.

By an act passed the 22d of October, 1779, certain persons therein named were declared to be "ipso facto" convicted and attainted of the offence of adhering to the enemies of the State, and all their property, real and personal, was declared to be forfeited to, and vested in the people of the State. Among these persons were Guy Johnson, Daniel Claus, John Butler and Ebenezer Jessup, from whom, together with others, the debts to Jellis Fonda, on which the claim of the petitioners is founded, were due. It was provided by the same act that other persons accused of the same offence, might be tried, and if convicted, that the judgment of the supreme court, at the bar of which the trial was to take place, should work a similar forfeiture of their real and personal estate. It was also provided, that if, upon an indictment and after publication of a notice from the sheriff of the county, the accused failed to appear, he should be adjudged guilty of the offences charged against him. To dispose of the estates thus forfeited, the person administering the government was authorized to appoint, by and with the consent of the council of appointment, three commissioners of forfeitures for each of the three great districts of the State; and it was made the duty of the latter to sell and dispose of all the real estates within their respective districts, forfeit

ed or to be forfeited to the people of the State, at public auction to the highest bidder; to make and deliver to the purchasers good and sufficient conveyances, which were deemed to operate as a warranty from the people of the State to the purchaser. Upon the sale of any lands as aforesaid, the commissioners and the purchasers were to sign a memorandum thereof, and the commission- ⚫ ers were thereupon to give a certificate to the purchaser, of the sum for which the land was sold. Within three months thereafter the person to whom the certificate was given, was required to pay into the treasury of the State, the sum therein mentioned; the treasurer was authorized to receive the money and give duplicate receipts for it, and on producing and lodging one of the receipts with the commissioners, they were to execute the necessary conveyances. In case of a failure of title and eviction of the purchaser, he was declared to be entitled to such relief and remedy, upon the warranty of the State, as should be provided for in a future act.

To preserve an accurate history of all these transactions the Treasurer was required to specify, in his accounts of the moneys arising from the sale of forfeited estates, the names of the persons to whom the several estates immediately before the forfeiture thereof were deemed to belong, "to the end that when the Legislature shall, by future act or acts to be passed for the purpose, provide for the payment of the debts due from the said persons respectively, the amount of the moneys arising from the sales of their respective estates, may with the greater ease be ascertained."

This act constituted the basis of all the transactions of the State in relation to the confiscation of the estates of persons attainted, or convicted of adhering to the public enemy during the war of the revolution.

On the 12th May, 1784, an act was passed to provide for selling and converting into money the goods and chattels, lands and tenements forfeited to the people of the State by attainder or conviction during the war. Under this act the petitioners claim. In their petition, and indeed in Jones and Varick's edition of the laws of New-York, published in 1789, it is erroneously stated to have passed on the 19th of May, 1784, but a reference to the original act in the office of the Secretary of State shows that it was passed

on the 12th of that month, after having been sent back with objections by the council of revision.

By section 42 authority was given to the court of chancery and the supreme court of this State, and the mayor's court and court of common pleas in each respective city and county wherein any forfeited lands, &c. were situated, or any one of the Judges of the Supreme Court or any two of the judges of any of the said courts. respectively, in the vacation, on the petition of any person who was an inhabitant of any of the said cities or counties on the 9th day of July, 1776, and who had not been attainted or convicted, or his or their legal representative, to examine and hear and determine, according to equity and good conscience, any claim or demand, which he might have against any estate forfeited as aforesaid, by reason of any bond, specialty, debt or contract or dealing, which subsisted prior to the 9th day of July, 1776, between such petitioner and the person by whose conviction or attainder the said estate became forfeited. By the same section the court or judges, in cases determined in favor of the petitioner, were required to certify in writing the sum appearing to be due, and to deliver one copy of such certificate to the petitioner and cause another copy to be transmitted, as soon as conveniently might be, to the Treasurer of the State. The Treasurer was, by the same section, directed and required from time to time to open accounts for the respective forfeited estates which should be found subject and liable for any debt or demand duly adjusted and certified as aforesaid; and to credit such forfeited estates respectively with all sums of money which should be paid to him by any commissioner or commissioners of forfeitures, or should otherwise arise and come into his hands for the use of the people of this State, on account of the sale, produce or proceeds of such forfeited estates, whether real or personal. The Treasurer was further required to charge such forfeited estates with the several debts and demands adjusted and certified to be due and owing therefrom, in manner aforesaid. The commissioners of forfeitures were required, after having closed and completed the sale of any forfeited estate, to certify and make known to the Treasurer of the State that the sale was closed and completed, as far as the same had come to their knowledge, and therewith to render upon oath a just and true account of the sale; and thereupon the Treasurer, by advertisement to be published not less than three times in two or more of the public newspapers printed in the State, was directed to notify and require all persons "relievable by this act, with whose accounts or