James Madison Papers

Resolution to Expedite Settlement of Simon Nathan’s Claims, 14 June 1784

Resolution to Expedite Settlement
of Simon Nathan’s Claims

It appearing from the information of the Attorney General, that accident hath hitherto prevented the settlement of the dispute between the Commonwealth and Mr Simon Nathan,1 and that he agreed with the said Nathan to submit the same to arbitration, on a case to be stated and supported by Arguments on both sides in writing provided a due Sanction should be obtained for his so doing:

Resolved that the General Assembly are desirous that the dispute aforesaid may be adjusted with expedition: and that the Atto[r]ney General be authorized to submit it in such manner and to such persons as he shall approve, to be determined on principles of Law and equity; and that he make report to the General Assembly of his proceedings therein

Ms (Vi). In a clerk’s hand, docketed, “Reso respecting Simon Nathan.” The docket indicates copies were ordered for Attorney General Randolph and Nathan. A clerk has written “Mr Madison” below the other endorsements.

1The story of Simon Nathan’s effort to receive payment for money advanced to Gen. George Rogers Clark in the winter of 1779–1780 is a tangled skein. A Philadelphia speculator and money-lender, Nathan claimed that bills of exchange in state currency, which greatly depreciated later, were accepted at New Orleans and Havana for his account at par. He insisted that he had been victimized by the rapid depreciation and that Virginia owed him “a hard dollar for every one named in the bill” (Jefferson to Edmund Randolph, 18 July 1783, Boyd, Papers of Jefferson description begins Julian P. Boyd et al., eds., The Papers of Thomas Jefferson (18 vols. to date; Princeton, N. J., 1950——). description ends , VI, 320). Nathan’s claim then was for 15,000 livres plus 10 percent interest and damages (JHDV description begins Journal of the House of Delegates of the Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg. Beginning in 1780, the portion after the semicolon reads, Begun and Held in the Town of Richmond. In the County of Henrico. The journal for each session has its own title page and is individually paginated. The edition used is the one in which the journals for 1777–1786 are brought together in two volumes, with each journal published in Richmond in either 1827 or 1828 and often called the “Thomas W. White reprint.” description ends , Oct. 1782, p. 57). An adjustment was attempted and arbitration sought, but after several efforts at a settlement the tedious business was still unfinished. JM had helped arrange a 1783 compromise, which was rejected by the General Assembly (Papers of Madison description begins William T. Hutchinson et al., eds., The Papers of James Madison (8 vols. to date; Chicago, 1962——). description ends , VII, 216, 217 n. 5). After more meetings in Baltimore and Alexandria, the irritating business was no closer to a final arbitration. What “accident” caused further delays is not clear, but after this resolution passed the House, JM carried it to the Senate (JHDV description begins Journal of the House of Delegates of the Commonwealth of Virginia; Begun and Held at the Capitol, in the City of Williamsburg. Beginning in 1780, the portion after the semicolon reads, Begun and Held in the Town of Richmond. In the County of Henrico. The journal for each session has its own title page and is individually paginated. The edition used is the one in which the journals for 1777–1786 are brought together in two volumes, with each journal published in Richmond in either 1827 or 1828 and often called the “Thomas W. White reprint.” description ends , May 1784, p. 57). As a result of this action. Attorney General Edmund Randolph named John Marshall and Cyrus Griffin as the Virginia arbitrators. On 28 Dec. 1786, Marshall and Griffin reported their findings in Nathan’s favor, but by 1791 the matter was still unsettled (Cal. of Va. State Papers description begins William P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93). description ends , V, 259–60).

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