Revolutionary War Pension and Bounty Land Warrant Application File S. 15095, Simeon De Witt, Continental New York Agency
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(3-1776)

SERVICE
Continental

De Witt, Simeon 

New York agency 

NUMBER 
S.15095
Carded

CONTENTS
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8430 New York 
Simeon DeWit[t] of Albany Co in the State of New Yor[k] who was a Geographer in the [blank] in the Army of the Revolution [blank] in the Continental line for 2 Years - 


Inscribed on the Roll of New York at the rate of 600 Dollars [0] Cents per annum to commence on the 4th Day of March, 1834. 


Certificate of Pension issued the 9 day of April 1833 and sent to Hon G.Y. Lansing Albany, NY. 


Arrears to the 4th of Mar '33 -- $1200. 
Semi-anl. allowance ending 4 Apr '33 -- 300.00
$1500

Revolutionary Cla[im] 
Act June 7, [1832]
Recorded by Jno Gromwell 
Book E Vol. 4 Page
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Simeon DeWitt 18153
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Declaration of Simeon DeWitt. 
Late geographer of the United States with the main army of the revolution in order to obtain the benefit of The Act of Congress of the 7 June 1832. State of New York, County of Albany -- On this Seventeenth day of October 1832 -- 
Simeon DeWitt a resident of the said county and to me personally well known appeared before me and being duly sworn according to law, doth on his oath make the following declaration in order to attain the benefit of the provision made by the Act of Congress passed June 7th 1832. Viz. that he is seventy five years of age and upwards, that in the year 1778 he entered into the service of the army of the United States as Assistant Geographer to Robert Erskine, main geographer of the United States, that he continued to serve as such until, on the demise of said Erskine, he was appointed to succeed him in office by a Resolution of Congress of which the following is a copy as furnished to him by the President in Congress Dec. 4 1780. "Resolved. "That Mr. Simeon DeWitt be appointed Geographer to the Army in the room of Robert Erskine deceased." "Extract from the minutes." "Ch. Thomson Secy." and that this deponent was commissioned accordingly, that he continued to serve under this commission until the end of the war." That on the 16th Nov. 1783 he addressed a letter to the Commander in chief from which the following is an extract, "Since the army is now about being disbanded, and
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"and, as I suppose, the public will stand no further in need of my services, and consequently that I am included among the number of those who receive their final dismission, last from Your Excellency, as the last favour, a discharge; and by the acceptance of my sincerest acknowledgments for the honour I have had of serving under your Excellency's immediate direction." To this letter the following answer was received, "West Point 17. Nov. 1783, Sir, I am favored with your letter of yesterday, the nature of your office being such as that Congress may possibly still have occasion for you, I cannot think myself at liberty to grant the discharge you request, but circumstanced as you are, I would advise that you make a final application to Congress to know if they are inclined to comply with your former application, and if they have any further occasion for you services. I am, sir, your most obed. servant, G. Washington." On the 19th May 1784 this deponent received the commission of Surveyor General of the State of New York, when his services as an officer of the United States ceased. Simeon DeWitt. Sworn & Subscribed in open, Court. 17th Oct 1832. JG Waldon Clk. And the said court do hereby declare their opinion, after the investigations of the matter and after putting the interrogations prescribed by the War department, and that the above named applicant was a revolutionary officer, and served as he states. I JG Watson Clerk of the Justices Court of the City of Albany Do hereby certify, That the foregoing contains the Original proceedings of said Court, for the matter of the application of Simeon DeWitt for a pension. In testimony whereof, I have hereunto set the seal of the said Court & subscribed my name, this 17th day of October 1832, John G. Wasson Clk.
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Nov. 12, 1782 Congress Resolved 
"That the Geographer of the main army and the Geographer of the Southern Department be each of them allowed sixty dollars per month, three rations per day, forage for two saddle horses, one two horse covered waggon, six dollars and two thirds of a dollar per month for a servant for whom they shall be entitled to draw one ration per day and the clothing allowed to a private soldier." 
The lateness of the date of this resolution is accounted for by the fact that the Geographic department was instituted by Congress at the instance of General Washington and that the allowance for services in it were left to his discretion. It was at my request, expressed to him, in 1782, that the allowance were specified by a resolution of Congress, for the guidance of the accounting officers, as above quoted. 
S. Dewitt.
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15095 
INVALID.
File No. 15095 
Simeon DeWitt 
Geographer New York 
Act: June 7th 1832 
Index: -- Vol. 1, Page 94 
[Arrangement of 1870.]
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G.Y. Lansing Esqr
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Albany Feby 15, 1833
Dear Sir 
I must trouble you once more. I thank you for your past favors endeavoring a note from M. Edwards, I consider his decision for my case as unauthorised and degrading. I have in consequence thereof written a long argumentation letter to the Secretary of War, which I enclose, and which after having presented, I must beg of you to hand to him in person, and if he should immediately read it, let me know what remarks he may on them it - My reason for asking to hand it in person is that there may be no plea for delaying a decision on it. You may intimate to him that I am anxious for an answer as early as may be as my application has been sent to the war office more than three months ago with documents made out according to the directions given in the circulars, and that in consequence of a mislaying of them, or some other cause I have been under the necessity of renewing my application and have made out a new set of documents to support my claim. 
I hope you will excuse the trouble I cause you in regard to a matter in which I have a considerable interest, and in which I may not have justice done me or which may not be attend to as it ought to be without the intervention of a friend. 
I am respectfully your S. DeWitt. 
G.Y. Lansing Esqr
After reading the letter of the Secretary of War I came to put a wafer under the seal.
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S. Dewitt's application for his Pension as Geographer to the Army of the Revolution - to the Department of War 
admd. at rate of Pens[ion] in established by the Secy. at 600$
admd. 
2 years - Geographer 
600$
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Copy of the Commission 
The United States of America in Congress assembled L.C. To Simeon DeWitt esquire Greeting 
We, reposing special trust and confidence in your patriotism, prudence and fidelity, do by these presents appoint you to be Geographer of the United States of America from the fourth day of December 1780 -- You are therefore faithfully and diligently to discharge the duty of Geographer of the United States of America, by doing and performing all manner of things thereunto belonging. And you are to observe and follow such orders and directions from time to time, as you shall receive from this or a future Congress of the United States, or committee of Congress for that purpose appointed, a Committee of States or Commander in Chief for the time being of the Army of the United States, according to the rules and discipline of war, in pursuance of the trust reposed in you. This commission to continue in force until revoked by this or a future Congress, the Committee of Congress before mentioned, or a Committee of the States. 
Witness his Excellency Thomas McKean Esq 
President of the United States of America at Philadelphia the Eighty day of September in the sixth year of our independence 
(signed) Tho. McKean, President 
Entered in the War Office and examined by the Board 
Attest
Jos. Carleton Secretary of the Board of War. 
The above is a true copy of the original 
Simeon DeWitt. 
Sworn before me this 26th Jany. 1833 
[signed] Gerrit L Dox Just Peace 
The above is furnished to supercede the necessity of having recourse to the record which may have been destroyed by the fire at Washington in the last war with the British.
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Copy War Department Pension Office January 6th 1833 
Sir
I have the honor to inform you that the case of Simeon DeWitt has been examined and suspended until the receipt of the Original letter of Genl. Washington dated West Point Nov. 17 '83 which as an important part of the proof of service should be filed with his papers. The production of the Original commission is superseeded by the Journal of Congress in this office as soon as he transmits the above letter, a Certificate will issue computed by the grade of a Lieutenant. The Act requires that the service should be pensioned according to the duration and rank - The service of DeWitt is not entitled to any rank in a military point of view. The above allowance is therefore a constructive rank. 
I have the honor to be 
Respectfully, Sir,
Yr. Ob. St.
(Signed) J.L. Edwards 

Hon G.Y. Lansing 
House of Representatives
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S. Dewit
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In all applications for pensions under the Act of Congress of July 1832, it is my opinion, that the applicants are entitled to the full pay received by them in the revolutionary Army, but not exceeding, in any cases, the pay of a Captain. 
The law provided that each of the surviving officers shall be entitled to a pension. Their services included officers of all cases, whether having military rank, strictly so termed, or serving upon the staff of the Army without such rank. And the equity of the law, as well as its [Reason?] extend to all, who who were engaged in
the revolutionary service. 
Each is to receive the
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amount of his full pay according to his rank. Does the word rank here mean military rank, properly speaking, that is actual rank in the line of the Army, or does it mean the station or employment held. That it does not mean the former is clear from the following considerations. 
1. Such a construction would limit the operation of the law to officers having rank in the Line of the Army, in opposition, as well to its whole part, as well to the intention of the legislation, as to the spirit. in another face of the law, which embraces all officers. 
2. Privates have no rank, in the more military acceptation of the word, and such a construction would therefore exclude them from the benefits of the law or [illegible]
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render the law inconsistent with its act. 
Rank, as here used, must mean the situation held by the officers, and to which the law affixed & specified pay. This pay in the measure of the pension, and in all cases, according under the law, persons enlisted to its benefits will be allowed the full amount of such pay, not exceeding the pay of a captain, whether such officers had military rank in the line of the Army or not. 
War Dept. 
L.C.
March 23, 1833
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Feby. 25 1833 
DeWitt, Simeon Esqr
Related to Pension encloses letter from
Genl. Washington on the auspices of his discharge.
Pension Office
Mr. Lansing

Honorable Lewis Cass
Secretary of War
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Albany Feby 15 1833 
Sir 
Having produced my proof of service as Geographer to the army of the revolution, and given with them a copy, under oath, of a letter of General Washington to show my continuance in the service to the end of the war, I am requested by Mr. Edwards To send the original which I now enclose. I have from him been informed that as I was not entitled to any rank in a military point of view, my pension would be computed for the grade of a lieutenant, and such allowance is for a constructive rank. 
If, either by the obvious import of the phraseology of the first section of the pension act, or by a construction of the meaning, I come within its provisions, I had thought that any allowance would be the full pay to which I was entitled in the army, reduced to the limit prescribed by the act. If my rank is to be estimated by the value of my services, and if that is to be tested by the allowance for them, it will be seen, by the resolution of Congress quoted in my application, that it was equal to that of a lieutenant colonel. 
My commission was strictly a military commission. Although the title was "Geographer to the United States," The resolution by which I was appointed in the room of my predecessor, designates the office as Geographer of the army. I was by it placed at the head of a department instituted by Congress, at the request of General Washington, as essential to the operations of war, especially at that time when so little of the Geography of our country was known. It was my duty to attend at head quarters, receive my orders, orally or in writing, immediately from commander in chief, and my commission shows that I was made subject to the rules of war. It is true that I had no declared military rank, which at the commencement of the war was attached to the commissions of staff officers. As for instance, Donald Campbell was made quarter master, with the rank of colonel, to the army that invaded Canada in 1775, and and on the fall of General Montgomery he took on himself the command of the army, by virtue of his nominal rank, and ordered the retreat from Quebec. 
But
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But the practice of inventing staff offices with military rank was thereafter, for very good reasons, discontinued. Campbell never had a military command assigned him, nor did he, I believe, perform any services in the army after that campaign, yet he received his colonel's pay to the end of the war, and, if he was alive, would doubtless be considered as entitled to his pension as a colonel, although he was in fact only a quartermaster. 
Whatever rule may have been adopted, by a latitude of construction, for the allowance of pensions to staff officers, I think that my case is entitled to a special consideration, on account of my having been more intimately and permanently identified with the army than others who may be considered as coming under the provisions of the act. My office and my duties were nearly similar to those of the chief of the Topographical department on the present establishment, but more perilous, as requiring besides others, minute surveys of the ground between the hostile armies, and in the neighborhood of the posts of the enemy, which with my assistants I personally performed. 
Since the discontinuance of the practice of attaching a military rank to the commissions of Staff officers, I would think that his putative rank should be estimated by his pay, compared with that of an officer who held a military command, and that a staff officer of a high grade and great responsibility should not be brought down the level of a lieutenant. 
In the phrases "full pay" and "according to his rank," the latter, as I understand it, must of necessity be considered as mere expletive, derogatory to the framers of the act, unless its meaning be thus construed; To every Captain the pay allowed to captains, to every lieutenant the pay allowed to lieutenants, (but not the extra pay for acting as a regimental quartermaster, should that office have been assigned to him. If my recollection be correct, Regimental Quartermasters were generally selected from those who held the rank of lieutenant and not allowed additional pay.) To every Surgeon the pay allowed to surgeons, to each Geographer the pay allowed to those who held the rank of Geographers &c. The term Rank is not confined to military  grades, and I must believe not so intended by the act. The
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The expression Continental line may be considered as of doubtful meaning. The word line as a military term in its primary sense means a body of soldiers with their officers arranged in such a manner as is usual to meet an enemy, but this word has, in our country, by usage, acquired a local signification. In the war of the revolution by the New York line was meant the quota of the Continental army furnished by the State of New York, with all its officers, staff as well as military, as required by the Act of Congress for organizing the army, and in like manner by the Continental line was meant the whole continental army composed of the lines or quotas of the several States, with such additions of officers as Congress deemed necessary for its complete organization. This I take to be the true meaning of Continental line which according to this explanation is synonymous with Continental army, with all its constituent parts parts and members. A construction that it is limited to the fighting ranks I believe to be entirely untenable. 
In corroboration of this it may be observed that Spies are, in the act of Congress, expressly recognized as belonging to the Continental line, and pensions are allowed to them of full pay, according to the rank they held in it. Now according to the narrowed definition of rank and line, Spies cannot be considered as entitled to pensions, because they did not belong to the line of the army, and of course could hold no rank in it. Such could not be the meaning of Congress. Rank and line must therefore have been considered by Congress according to the views I have given of them and which I believe to be the only consistent construction of the words employed in the act. 
I will make only one remark more, in elucidation of my views. Engineers are essential to armies, but it is not necessary, and it might be considered improper to give them a military rank, yet they would not, if such should be the case, be, otherwise than by a palpably violent construction of the phrase Continental line be considered as not belonging to it, and not holding a rank in it, and I consider the office I held in the army, as essential to it as that of an engineer. The monthly pay of an officer holding the rank of a Geographer was sixty dollars, and the acts of Congress may show what was the pay of those who hold the rank of Engineer, Surgeon or Spy - according to which their pensions are to be graduated. Those ranks were held in the Continental army or Continental line. Army and line being, according to my best judgement, convertible terms when applied to the forces of the United States in the war of the revolution. Constructive rank is therefore a useless phrase,
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I am not informed that any rule for graduating the rank of staff officers has been adopted or prescribed by the Secretary of War; if I had I certainly would not have presumed to obtruded these remarks on him, how much so ever I may feel myself interested in the subject of them. And taking it for granted that no such rule has been prescribed, I will take the liberty to say that, in my opinion, the construction of Mr. Edwards is degrading, and not authorised by the act of Congress, and that by the same authority by which a Clerk of the War Office has given me the rank of a lieutenant he might have given me the rank of a Drum or a Fife major. I therefore appeal from his to your decision -- Καλσαζα Σπιχαλθμαι. 
I have the honor to be 
most respectfully 
Your Obedient humble servant 
[signed] S. DeWitt

The Honourable Lewis Cass
Secretary of War
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On the 12 Novr 1782 Congress resolved “That the Geographer of the Main Army and the Geographer to the Southern Department be each of them allowed Sixty dollars per month, three rations per day, forage for two saddle horses, one two horse & covered waggon, six dollars and two thirds of a dollar per month for a servant for whom they shall be entitled to draw one ration per day and the clothing allowed to a private Soldier" 
The lateness of the date of this resolution is to be accounted for by the fact that the Geographical department was instituted at the special request of General Washington, and that the allowances for services, were left to his discretion (These exceeded those authorised by the above resolution). It was at my request, expressed to him in 1782, that the allowances were specified by a resolution of Congress for the guidance of the officers on the final settlement of the accounts of the department 
[signed] J. De Witt 

I John G. Wasson Clerk of the Justices Court of the City of Albany do hereby certify that the foregoing or annexed contains the original proceedings of said court in the matter of the application of Simeon DeWitt for a pension. 
In testimony whereof I have hereunto set my hand and seal of office this 26th day of January 1833. 
[signed] John G. Wasson Clk
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Declaration of Simeon DeWitt late Geographer the United States with the Main Army of the Revolution in order to obtain the benefit of the act of Congress of the 7th June 1832 

State of New York 
County of Albany } s.s.
On this Twenty sixth day of January 1833, Simeon DeWitt a resident of said County and to  me personally well known appeared before us in open Court and being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7, 1832, Viz. That he is Seventy six years of age; that in the year 1778 he entered in the service of the army of the United States as Assistant Geographer to Robert Erskine then Geographer of the United States; that he continued to serve as such until, on the demise of said Erskine he was appointed to succeed him in Office by a resolution of Congress of which the following is a copy as furnished to him by the President. 
"In Congress Decr 4. 1780 Resolved that Simeon DeWitt be appointed Geographer to the Army in the room of Robert Erskine deceased. 
Extract from the minutes 
Ch. Thomson Secy." 
And that this deponent was commissioned accordingly; that he continued to serve under said commission until the conclusion of the war; that on the 16th Novr 1783 he addressed a letter to the commander in chief, from which the following is an extract. 
“Since the Army is now about being disbanded and, as I suppose, the public will stand no further in need of my services, and consequently that I
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“I am among the number of those who receive their final dismission, I ask from your Excellency, as one last favour, a discharge; and beg the acceptance of my sincerest acknowlegements for the honour I have had of serving under your Excellency's immediate direction" 
To this letter the following answer was received 
“West point 17 Novr 1783 
Sir 
I am favored with your letter of yesterday. The nature of your Office being such as that Congress may possibly still have occasion for you, I cannot think myself at liberty to grant the discharge you request; but circumstanced as you are, I would advise that you make a final application to Congress, to know if they are inclined to comply with your former application, or if they have any further occasion for your services 
I am Sir 
Your most obedt. Servant 
[signed] Go. Washington”
On the 13th May 1784 this deponent received the appointment of Surveyor General of the State of New York when he considered his duties as an officer of the United States to cease. 
[signed] Simeon DeWitt
Sworn to and Subscribed the day and year aforesaid in open Court 
[signed] John G. Wasson Clk. 
We the undersigned Justices of the Justices Court of the City of Albany do hereby declare our opinion after the investigation of the matter and from our own personal knowledge of the applicant for many years that he was an officer in the Army of the Revolution and served as he states.
[signed] Gerrit L Dox 
H. Shear