From the ill state of my Fathers Health, (whom I have since had the Misfortune to lose) I was introduced by Colonel Stevenson to Mr Pinckney to state to him some Claims of my Father for Property in the State of New York, & which was said to be confiscated by that State. I gave to Mr Pinckney some Memorandums, which he obligingly promised me he would communicate to your Excellency, as you was then in England, & request that you would give it some Attention; I could not expect, as your Excellency then held the Office of Chief Justice of the United States, that you should have given any Opinion on the Circumstances stated to you, that might in the least commit you in future, should it ever come before you in your judicial Capacity. Lest the Multiplicity of Business should have obliterated from your Excellency’s Recollection, the Statements, which were submitted to you by Mr. Pinckney, I beg leave to trouble you with a Repetition of them, as copied from my Fathers Papers.1

Sir Henry Clinton’s Father when in America, bought two Estates in the Colony of New York, the one in Ulster County of four thousand Acres, the other in Dutchess or Orange County of two thousand Acres— The late Governor Clinton of the State of New York had been employed previous to the War in America by Sir Henry Clinton to get these Estates surveyed and estimated; the Ulster Estate was then valued at Fifteen shillings Pr. Acre, & he was actually in Treaty in Sir Henry Clintons Name with the Tenants of the other, for the Sale of it.—2

On my Fathers writing to Governor Clinton on the Subject of his Property, he received from him an answer, of which the following is the Substance, “that the Estates were confiscated that one of them had been sold, & that his Friends did not think it for his Interest to repurchase it at the price which had been given; that Sir Henry Clintons name had been put into the Bill of Attainder, as being thought an American born” which was a Mistake— The State of York had passed an act to restore to British born subjects their Property, which has not in this Instance been complied with. Sir Henry Clinton has repeatedly claimed his Property, as may be seen by his Correspondence with Governor Clinton. A Gentleman from New York offered to purchase one of the Estates of Sir Henry Clinton (in the Year 1792) & was so satisfied on the subject of Recovery, that he said he would be at the sole Expence, as he hinted that the Persons who bought the Estate had done it for a Trifle & on Speculation, that if the Estates were not Claimed & restored to Sir Henry Clinton by a certain Period, they would apply to the Legislature to confirm them in the purchase, under pretence that we had not given up the Forts; I make no Comments on the 5th Article of the Definitive Treaty, conscious that your Excellency is free from Prejudice or Animosity, & that when this Case shall come before the Legislature, I shall meet with impartial Justice & your Protection.— As Congress promised to recommend to all the separate States the Restitution of british Property that might have been with-held under different pretences, & being so with-held would prevent the United States in their diplomatic Character from fulfilling of the Treaty, I should conceive, if the Property should appear to have been unjustly detained, that the Congress of the united States possess full powers to decide Questions, which regard the national Honor, & the national Interests, & as all Treaties are confined to the Senate House they must possess with the Power of making them, the power of enforcing the Execution of them. I am yet willing to believe that it is the interested conduct of some Individual & not the Legislature of New York, which has created all the supposed Difficulties.3

My Brother Lieut. Coll: Clinton, who is at present in the West Indies,4 will I hope call at New York on his Return to pay his Respects to your Excellency, & receive any communications you may please to give him. Mr Hammond has obligingly written to Mr Bond requesting him to interest himself in this matter. I beg your Excellency’s Pardon for giving you this trouble, & have to regret that my professional Duties as Aide de Camp to the Duke of York prevent my going to New York at present to remove any Difficulties, that might be stated, & to personally assure Your Excellency of the Respect with which I am Yr most Obedt. Servt,