Revolutionary War Pension and Bounty Land Warrant Application File S. 35767, William Arnel, Delaware.
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Delaware   Arnel, William   S35767
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20.337

Delaware 
William Arnel
of Sussex Co in the State of Delaware
who was a private in the company commanded by Captain [illegible]] of the Regiment commanded by Colonel in the Delaware line, for the term of one year,
from February 1778 to January 1779

Inscribed on the roll of Delaware
at the rate of eight Dollars per month, to
commence on the 16 day of June [1831 31]. August [illegible] 19. March 18[illegible]
Certificate of Pension issued the 17 of June 1831 and sent to [illegible] S. Sayton. Georgetown, Delaware

Arrears to 4th of Sept: 1831   $21.06
Semi-anu'l all'ce ending

$21.06
Revolutionary Claim,
Acts March 18,1818, 
and May 1,1320.

Rec. Book[illegible]
vol: 6 [illegible]: 130
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20. 337
euto:

Delaware
-------------
William Arnel
of Sussex Co in the State of Delaware
who was a private in the company commanded
by Captain Peery of the Regiment commanded
by Colonel  ........in the Delaware line, for the term of one year from February 1778 to January 1779
---------------------
Inscribed on the roll of Delaware
at the rate of eight dollars per month, 
commence on the 16 day of June 1831
31 August  1815
19 March 1834
----------------------------------------
Certificate of Pension issued the 17 of June
1831 and sent to Caleb S. Layton, Georgetown, Del.
-
Arrears to 4th of Sept. 1831   $21.06
Semi-anu'l all'ce ending          ======
                                                    $21.06

{Revolutionary Claim}
{Acts March  18,  1818,}
{and May  1,  1820}

Rec. Book D.
Vol. 6. fol. 130

(second page)

To letter Feb 5. 1836 to the Hon Naudain, Senate U S. To same 3. March 1834.
March 19th  1834 the old certificate has been cancelled and a new one issued commencing the pension on the  31 August 1818 -- Letter  to Agent of this -- of this date.
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Sussex County
State of Delaware}  ss

I Daniel Rodney, of the Town of Lewis, in the county aforesaid aged sixty six, personally appeared before me one of the Justices of the peace for the County aforesaid who upon his solemn affirmation declares that he knew William Arnell (aka Arnel), who is now living in Lewis, and has always resided in said Town,
since the beginning of the Revolutionary War,
that in the year Seventeen hundred and seventy seven or eight he enlisted and served one year as a soldier in an independent company raised by order of Congress, for the defense of Lewis
containing one hundred men commanded by William Peery, who had been nominated by Major Henry Fisher, and commissioned 
by Congress and supported & armed
and paid by them.  The year  before this company was raised the Delaware Regulars, and Col Sules Battalion of Riflemen were stationed at Lewis, and this Company
afterwards was continued two years, for the protection of the Town and Coast, William Arnell also applied some years ago for a pension and Aaron Marshall also, and sent  to the pension office with their papers the
Captain or Lieutenants Commission, which Mr. Calhoon then Secretary at War, supposed would exclude them, because the law only authorized pensions to soldiers in the regular army, and this Company, the ordered by
Congress, did not strictly belong to the line of the Army I can further declare as my opinion that William Arnell's circumstances are such that he needs the assistance of his country,
he being now old and infirm

Danl.Rodney (:his signature)

Affirmed & Subscribed before
me March 12th 1831

 John M. West   J.P.

Sussex County}
State of Delaware} ss

Margaret Thompson, of Lewis in the
County aforesaid aged sixty five years, personally appeared before me one of the Justices of the peace for the County less and being sworn on the holy Evangel, Deposeth and saith that she knows William Arnell who is now living in Lewis, and that he was a Soldier in Capt William Peery's company, and she had 
seen him and others, often parading before her father, Major Henry Fisher door, the said Company served about  two years, viz one thousand seven hundred and Seventy
seven and eight. The men she believes were enlisted for one year, and that Wm Arnell served the last year, and was paid by order of Congress, and thinks from his age and situation he requires aid from his country

 Margaret Thompson ( her signature)

Sworn & Subscribed before
me March 12th 1831

John M. West   J.P.
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I John M. West one of the Justices of the Peace in {illegible} for the County of Sussex in the State of Delaware do hereby certify, that I am [illegible] acquainted with Daniel Rodney Esquire and with Margaret Thompson who have signed the [illegible][illegible] the former has been Governor of the State and is of unimpeachable character, Mrs. Thompson is a respectable inhabitant of Lewes and their statements are entitled to the fullest credit.  March 12th 1831
 William Arnel  assesment
45 Acres of land [illegible]] farm at $[illegible] per acre $200.50
1 House {illegible] lot in Lewis Town $50.00
2 yoke of oxen at $14.00 per yoke $28.00
His person 71 years old P.[illegible]
2 cows at $6.00 and $5.00  $11.00
                                                 $289.50
His person 71 years old P. [illegible]
Deduct 20 percent off Real property  $50.50
                                                                 $239.00
State of Delaware
Sussex County [illegible]    In Testimony that the foregoing is a true copy of the assessment of William Arnel in Lewes [illegible] Rehoboth [illegible] since the assessment in 1828. I have [illegible] set my [illegible] and affixed the seal of my office at [illegible] 15th March AD 1831  for L. Layton J.P.

The State of Delaware
Sussex County {illegible]
On the sixteenth day of March A.D.1831 personally approved before the Honorable [illegible][illegible] of the Superior Court of the State of Delaware, [illegible] setting at Georgetown in the County and State [illegible], and in [illegible] Court being a  court of Record because it [illegible] according to the [illegible] of the Common Laws, with a jurisdiction [illegible] in [illegible] of assessment keeping a record of its proceedings and having the powers of fines and imprisonment. William Arnel resident in said County aged seventy four years who being found duly sworn according to laws, doth on his death [illegible] the following declaration in order to obtain the provision made by the acts of Congress on the 18th March 1818 and the 1st May 1820 that he the [illegible] William Arnel enlisted for the term of one year on or about the  first day of February in the year 1778 in the State of Delaware, in the [illegible] [illegible] by Captain William Peery, [illegible] by orders [illegible] for the protection of Lewes and the County adjacent in the County and  State [illegible] on the [illegible] establishment that he continues to serve in
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2 (pg)

said Corps until on or about the first day of January 1779 when he was discharged from the said service in Ranger company in the State of Delaware, that he hereby relinquishes
every claim whatever to a pension, except the present, that his name is not on the role of any State, except that of the aforesaid company in said State of Delaware, and that he has before applied for a pension under the said acts
of Congress, to wit in the year 1818, 1819 and again in 1830 but from some defect in his papers or from a Strict construction of these acts, by which it was supposed he was excluded from said pension, he has not been able as yet
to obtain it  And in pursuance of the act of the 1st May 1820 I do solemnly swear, that I was a resident citizen of the United States on the 18th
day of March 1818 and that I have not since that time by gift, sale, or in any manner disposed of my property, or any part thereof with intent thereby so to diminish  it as to bring myself within the provisions of an act of Congress, entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War, passed on the 18th day of March 1818, and that I have not nor has any person in trust for
me any property or securities, contracts, or debts due to me, nor have I any income, other than what is contained in the schedule hereto annexed. and  by me I have sworn to

45 Acres  of Land Mansion farm at $4.50 per acre                $200.50

1 House and Islet in Lewes Town ...                                50.00

2 yoke of oxen at $14.00 per yoke ... 28.00

2 Cows at $6.00 and $5.00 .......................11.00

His person 71 years old P. Loix(?) ...                                          $ 289.50

Deduct 20 percent off land by 
order of Levy Court                                - 50.50
                                                             ----------
                                                             $ 239.50

I have no debt owing to me, but I owe and
indebted to Caleb Rodney Esquire, in a Judgment, dated April 21st 1823 for $413.76 principal 8 years Interest April 21st 1823. $198.60 making the sum of $612.36
Besides the Costs and upon which nothing has been paid except a credit of 91 dollars . 57 cents
there has been to change made in my property since the 18th March 1818. my occupation or trade is that of a house Carpenter, but from bodily infirmity, and the effects of severe Rheumatic attacks, I have been unable to follow
any business for some years I have a large family depending upon me to wit, an aged and infirm wife seventy five years old two  daughters, Lelsey aged 38 and Naomi aged 35 years - and a grandson, named John

(continued)
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Arnell, aged about thirteen years, to support whom I have now no visible means.

Sorn and [crossed out "subscribed"] declares on the sixteenth day March A.D. 1831 
[signed] William Arnel before J. H. Harris Cl,

I John H. Harris Clark of the Supreme Court of the Date of Delaware in and for Sussex County, do hereby certify that it appears to the satisfaction of the Court, that the said William Arnell, did serve in the Revolutionary War, as stated in the preceeding declaration against the common enemy, for the term of one year and one engagement for the Continental establishment, I also  certify that the foregoing, and the schedule hereto announced and truly copied from the record of the said Court, and that it is the opinion of the said Court that the total account in value of the property exhibited in the aforesaid schedule is two hundred and thirty nine Dollars.

In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at George Town on the sixteenth day of May in the year of our Lord one thousand eight hundred and thirty one--1831

[signed] John H. Harris  Clk.
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35767
INVALID

File No. 35,767

William Arnel
Priv Rev War

Act: 18 March 18

Index:--Vol. 2, Page 11

[Arrangement of 1870]
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35767
INVALID

File No. 35,767

William Arnel
Priv Rev War

Act: 18 March 18

Index:--Vol. 2, Page 11

[Arrangement of 1870]
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3-1776
SERVICE
Delaware. Arnel, William S35767
CONTENTS
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The Attorney [illegible] at
concurs with and on
opinion, that the service 
of the company being a
fact,
within the possession
of the office and appearing
upon the Journals
of Congress, the proof of
the affidavit and all was complete,
and {illegible] the.
without [illegible...]
for that point. And
also the principles
This case will be [illegible].
●
lock in
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p. 89.  126.
Journal O. C.
Vol. 3.
Page 13

p. 89. 126.
Journal O. C.
Vol. 3.
Page 14

In Congress  April 28th 1777

A letter of the 23 from Henry Fisher at Lewistown was read.

Whereas Henry Fisher has, agreeable to the power rested in him by Congress, appointed William Peery Captain, John Wesley first Lieutenant, David Hazard second lieutenant, and John Hazard ensign of the company ordered to be raised for the defense of Lewistown.

Resolved, that they be confirmed
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Geo. Town Del.
June 13

The Hon:  John H. Eaton
Acting Secretary of War
Washington D.C.
Page 16

In [illegible], April 4th 1777
"Resolved, That blank commissions be sent to  Henry Fisher of Lewistown, with orders to raise, on the continental establishment, an independent company, for the safeguard of the [illegible] and  subjects of these states, residing or living near Lewistown and the coasts of Delaware bay; and that [illegible] Fisher be informed that if he chooses to accept the command of the company, [illegible] will confirm him therein; but if he should decline the acceptance, that he be desired to nominate a proper person to fill that station, and in either case, that he nominate the sub alternate.

December 3 1777. It was ordered that the following warrants issue on John Gibson, Esq. Auditor General. One in favor of Captain W. Peery, advanced for the use of his independent company, stationed at Lewistown; said Peery to be accountable.

December 5th 1777  Ordered that 2,400 Dollars be paid to Captain W. Peery, for recruiting and paying an independent company, to be stationed at Lewistown, agreeable to the determination of the board of War.
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Secretary Office
George Town, Delaware
May 24th  1801

The State of Delaware, S.S.

I Caleb S. Layton Secretary of the State of Delaware and as such keeper of the Great Seal and of the Register of the official Acts and proceedings of the Governor of the said State, do hereby certify that John M. West, before whom the within and foregoing depositions of Daniel Rodney and Margaret Thompson were taken, was at the time of the taken thereof, and now is a Justice of Peace of the said State in and for the County of Sussex.  I further certify that Joshua S. Layton, in the above and foregoing Copy of Record named, and who has given his certificate of the assessment of the said William Arnel, by the name of Jos. S. Layton, was at the time of giving such certificate of Assessment, and now is the Clerk of the Peace of said State, in and for the said County of Sussex.  I further certify that John H. Harris, in the above and foregoing certificate named, was at the time of giving said certificate, and taking the acknowledgement of the said William Arnel, and now is the Clerk of the Supreme Court of the State of Delaware, in and for the said County of Sussex, and that full faith and credit should be given to all the official Acts of the said Joshua M. West, Joshua S. Layton, and John H. Harris.  And I further certify that the within and foregoing Certificate of the said John A. West, Joshua S. Layton and John H. Harris, contained in the within and foregoing four pages are in due form of law.

In testimony whereof, I have hereunto set my ____ and affixed the Great Seal of the said State of Delaware, at George Town, the day and year first above written

Caleb S. Layton,
Secretary of the state of Delaware.
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Pension Office
June 16, 1831

pen: to com: June 16,1831
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Pension Office
June 16, 1831



pen: to: June 16, 1831
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The Honorable John H. Eaton

Sir,

At the request of William Arnell I take the Liberty to forward to your care, the enclosed copy of record favor of the said Arnell, who desires to be placed upon the Pension Roll.

I should be pleased to learn at your leisure, whether the records are in due form.

I have the honor to be,

Your Obedient Servant
Caleb S. Layton

George Town, Delaware,
June 8, 1831
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War Department
Pension Office
March 3,1834

Sir

The records of this office do not show that William Arnel made a declaration prior to April 1831. On this point he should obtain a certificate from the Judge who took his testimony.  From the time when he made such proof the [illegible] [illegible]  will be allowed, provided the Judge will Certify that the applicant made his declaration in strict conformity with the act of March 18,1818. His pension certificate should be returned to this Dept.
I have the honor to be 
Very respectfully
Your obt. servant
J. L. Edwards

[illegible] A. Naudain
Senate U. States
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Whilst held the Commission of associate Justice or
Judge of the Supreme Court of the State of Delaware
in the spring or summer of the year 1818 to the best of my
recollection, several of the old Revolutionary Soldiers came
before me, made application and obtained lawful 
certificates of application for Pensions, amongst others
William Arnell of Lewis, Delaware; his I thought
as well as others were claims of right upon the
●
United States for services rendered in the Revolution
to the best of my recollection I forwarded the certificate
to the seat of Government as I did many others
which I have no doubt ought to have been paid from
that time. ------
Samuel Paynter
March 10th 1834

State of Delaware
Sussex County ss
5
-
I George R. Fisher, Prothonotary of the
Superior Court of the State of Delaware, for
Sussex County, do certify that Samuel Paynher, whose name is above
inscribed, was
duly commissioned and qualified as an associate
at Judge or Justice of the late Supreme Court of the said State, and
[illegible]
residing in Sussex County, and that said commission was prior
in date to the time he has mentioned above, and that he
continued to officiate such office as Judge or Justice aforesaid
for several succeeding years, all which appears of record in
 said late Supreme Court. In testimony whereof I have here
unto set my hand and affixed the seal of my office, at Georgetown
the day of March [illegible] Domini 1834
George R. Fisher Pro-
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Pension Office


Hon. A. Naudain. 
Senate U. States

Hon A Naudain
Page 24

I do hereby agree that the Pension of Wm. Arnel should commence on the 31st of August 1818.
Arnold Naudain
March 15th 1834
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War Department
Pension Office
February 5, 1831

Sir,

A great push of business has hitherto prevented me from taking up the case of William Arnell, whose letter I herewith return.  He claimed pay form 1818, when he alleges he made his first application, and rests his claim on the pension of the act of March 18, 1818, which declares that the pension shall in all cases commence from the time of making the declaration.  Our books and papers do not show that any apers in his case were received at so early a period: but is is probable that the application was received at that time.  In that year it was the practice to return the papers in rejected or suspended cases, without making any record of them.  He is not, however, entitled to pay from that time, because the act of March 1, 1823 directs that he pension " shall commence from the time of completing the proof.  Now according to this construction given to the act of 1823, the proof is not deemed complete so long as any objection exists to granting the claim.  In this case the objection was not removed until proof was filed here to show that the company to which he was attached was on the continental establishment.  That proof was first presented in 1831, when the pension commenced.

I have the nor to be 
Very respectfully
Your Obd. Servt.
J.L. Edwards

Hon. A, Naudain
Senate U.S.
Page 26

Pension Office

Feb 22nd 1834
Page 27

Pension Office

Feb 22nd 1834
Page 28

Washington, Feby 7th 1834

Hon Lewis Cass
Secretary of War

Sir
Allow me to call your atention to the case of William Arnell.

During the year 1818 he made application for a pension on account of revolutionary services under the act of that year.  His papers were returned to him with the objection that it did not appear that the corps in which he served was upon the continental establishment.  He had no means of proof as to this fact within his reach other than he offered, such proof existing only in the Journals of the revolutionary Congress.  Under these circumstances he suffered his claim to sleep until the year 1831 when he received his application under the purpose of increased age and poverty and forwarded his evidence, taken at the first  application as well as that taken at that time to me.  I inclosed his new [underlined] papers to the Division
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office and retained the old[underlined] in my hands.  The purposes, when examined, were returned to me with the same objection as before; but after a laborious research into the Journals of the Old Congress I was able to refer the officer to the resolution of Congress under which the corps, in which the applicant served was raised, and then his claim for a pension was allowed, and granted from the time he completed his proof according to the provisions of the act of 1823.

Now, Sir, I respectfully contend, that he ought to have been allowed his pension from the time of  his first application, because--

First.  He then made all the proof required by the act of 1818, and the same proof which he afterwards made in 1831

Second.  He was not bound by the act  of 1818 or any subsequent act to prove from the Journals of the Old Congress, that the corps in which he served was upon the continental establishment.

Third.  I contend it was the duty of the officer in charge of the Pension Bureau, to know what troops were on the continental establishment, and when the corps, was intellligibly described
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in the evidence furnished by the applicant, to recognise it at once so upon that establishment.  And further that the means of knowing that this corps was on the continental establishment was in the hands of the officer and perfectly acceptable to him while it was inacceptale to the applicant.  A different administrator would probably have seen the denial of the benefits of the law to almost every applicant because the Journals of the Old Congress are acceptable to but few.

Fourth: The manifest injected(?) of permitting a palpably erroneous decision of an officer of the government, upon a point he ought to be ____ to be fully informed on, to deprive a citizen of his rights according  under a law when he did on his part, complied with all the provisions [illegible] to secure to him all the benefits.

I herewith inclose a letter of William Arnell addressed to me on the subject and the answer of Mr. Edwards upon its reference to him.  I pray you to review his decision and do what in your judgement the justice of the case shall require.  Most respectfully
Your obt. Serv.
A. Naudain
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Cancel this [illegible] a cert: allowing $8 per mo. to com.  August 31, 1818--
And send it to
Hon. A. Anderson
Senate U.S.
Without delay--

J. E
18 March 1832

To. W. Henart

[stamped "Payable on the 4th March and 4th September, of every year, by"
J.R. Black Esq
Pension Agent
at New Castle

Recorded d by Wm. Allison
Clerk, in book
Vol. 6, Page
Page 32

WAR DEPARTMENT

REVOLUTIONARY CLAIM
I Certify, That in conformity with the Law of the United States, of the 18th of March, 1818
William Arnel
late a
Private
in the Army of the Revolution, is inscribed on
the Pension List, Roll of the Delaware
Agency, at the rate of eight
Dollars per month, to commence on the sixteenth day of June one thousand eight hundred and thirty one.

Given at the War Office of the
United States, this 17th day of June one
thousand eight hundred and thirty one.

John H. Eaton
Secretary of War