The commissioners have thought
that these were desirable objects, and have therefore been cautious of
generalizing, so as to destroy real distinctions, or suppress a fact
even of the lightest importance.
"In order to preserve uniformity in their opinions, the commissioners
have adopted certain principles, from which the hardship of any
particular case hath not induced them to depart. The most general and
important of these are,
"_First_. Where any species of claims is barred by an act of the
legislature, they have considered the act as a bar to their
investigation, farther than to ascertain it to be unquestionably
within the meaning of the law. This principle will be found to extend
to all claims for pay and rations alleged to be due for militia
service; to most of the demands against forfeited estates; to all
claims for property sequestered, when the sequestration was warranted
by the resolutions of the convention and the authority of the
commissioners; to all claims of payment of state agents' notes, and to
some other particular cases, which will appear in the report. In
support of this principle the commissioners have considered, that to
sanction by their opinion the admission of claims against the spirit
and letter of the statute would be an impeachment of the wisdom of
those laws; would be arrogating an authority not exercised by, or
permitted to, any court of law or equity, and would open a door to the
importunate and perhaps least deserving class of citizens, while
others, having similar demands, had withdrawn them from a spirit of
submission to the laws, by which these demands were precluded.
Pages:
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405