John C. Hogeboom to Elisha Williams, 11 November 1809

[John C. Hogeboom] to [Elisha Williams], 11 November 1809

Sir

You must perfectly recollect two publications which were made in the Northern Wig & hand bills impeaching my Official conduct in the charging of fees on Writs & Executions. Against the immediate publishers of the charges I have instituted suits and of course explanations with them are superfluous; but this not being the case with you who if my information be correct have had some agency in Justifying Those charges when made; I feel it my a duty which I owe to myself to call on you for an explanation on the subject. ^the exercise of which I am persuaded will not questioned by you.^ The charges embrace two ground viz, Fees on Executions for postpoining Sales and Milage fees on Writs. First then have I not been advised by you that the charge for postponing was legal and are you or not now of the same opinion? Secondly you have been fully apprised that in the cases referred to although there may appear to be overcharges in estimating the Fees from the place established by Law to where the defendant actually resides, that they were cases in which the deputies had pursued the Defendants the actual distance charged and that it was on this principle that they justified the fees returned by them, and which I conceive myself and them fully entitled to by the Statute that this too was the case in the few Writs served by me in every instance of any there are in which there may appear to be overcharges. Now Sir whatever your opinion may be on the abstract question of Law (which I am not satisfied that from your professional relation to the defendants in the suits brought by me I have a right to enquire into) are you not satisfied that the fees might be charged on the principle I contend to be correct, with the most correct views and honest intentions and without having any apprehension of being considered guilty of extortion? Your speedy answer is desirable.

approved

MV. Buren

It is agreed between Col. Van Rensselaer ^& Mr VBuren^ that a Communication of the above effect and Letter Shall be exchanged between you Mr VBuren ^VRensselaer^ & Mr VBuren for the parties Nov 11th. 1809

J.Rusten Van Rensselaer

M.V.Buren

Docket:

Copy of Letter To

Elisha Williams

Nov. 11: 1809

Editorial Process Complete
Editorial Note:

Written in MVB's hand.