Revolutionary War Pension and Bounty Land Warrant Application File R. 13459, Abner Crump, Va.
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SERVICE                                    NUMBER
Va            Crump, Abner          R.13459
                                             and Va. Half-Pay

CONTENTS
N.A. Acct. No. 874
See 050043 Half Pay
Abner Crump
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(3-1776)

SERVICE
Va.

Grump, Abner

NUMBER
R. 13459
and Va. Half-Pay

==============================

Contents

N.A. Acc. No. 874
Sec 050043 Half-Pay
Abner Grump
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I Abner Crump of the County of Powhatan
do make the following testamentary disposition of my estate:-
Item, I give and bequeath unto George
Crump son of the late Goodrich Crump deceased, all the remant of my military claim to land, to wit, two thousand acres (of which Markes Vandewall will render an account of one thousand acres.) I also give unto the said George Crump all my furniture of every kind, and my Salary; with my debts and fees of Office, (exclusive of one hundred dollars which I bequeath to Joseph Royal Bentley, son of William Bentley, as a mark of my affection:-
Item, I give and bequeath unto the legatees of my late brother Goodrich Crump thirty nine acres of land adjoining the land purchased of Richard Crump.-
Item, I give and bequeath unto Abner
Crump, son of Richard Crump, of the County
of Powhatan, my tract of Land containing Two
hundred and eighty three and one quarter
acres, adjoining the lands of Vincent Markham, Robert Moore Inn, David Sudberry, and the estate of Goodrich Crump; also the
Slaves which I at present possess, to wit, Ned
Sally, Henry, Daniel, Dick, and Peter; to him
and his heirs forever:- And I do hereby
request the favor of my friends Henry Sawson
Briscoe and Benjamin Hatcher to execute this
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my last will and testament: In testimony where of I have here unto subscribe my name and affixed my seal this twenty seventy day of January in the year one thousand seven hundred and ninety seven.

A B Crump (seal)

{Signed, sealed, and acknowledged to be the last will and testament of the said Abner Crump in or presence.
John Annesley,
Achd. M. Rae
Isaac Mordecai}

Codicil: It is my will and desire that after the death of my brother Richard the negroes within named Ned and Salley be emancipated. 

A.B. Crump

At a court held for Powhatan County the 17th day of February one thousand eight hundred and two, this last will and testament of Abner Crump deceased, was presented in open court and proven by the oath of Archibald M Rae a subscribing witness thereto and continued for further proof.

And at another court held for the said county the 17th day of March 1802, the last will was again presented in open court and the hand writing of John Annesley, deceased, a subscribing witness thereto, being proven by the oaths of Henry S Briscoe, William Bentley, and Richard Netherland; and the Codicil
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of the said will, annexed, being proved to be all of the handwriting of the testator, was therefore together with the said will ordered to be recorded. 

On the motion of Richard Crump, a certificate of administration is granted him on the estate of the said decedent, with the will annexed. Henry S Brisco Briscoe one of the executors named in the said will being present and refusing to qualify.

Teste; Jas Poindexter


And at a court of monthly sessions holden for the county aforesaid on the 19th day of September 1832.  On the motion of Maurice S Langhorne and it appearing to the court that Richard Crump who was admin. With the will annexed of Abner Crump deceased has departed this life and that no person has applied for administration of the unadministered estate of the said Abner Crump deceased, it is ordered that William Crump sheriff of the county do take into his hands the said unadministered estate of the said decedent and administrate the same according to the will of the testator.
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to the will of the testator.

Teste; Wm. J. Dance

Virginia, to wit;
I William J Dance clerk of the county court of Powhatan in the state aforesaid do hereby certify that the foregoing as also the annexed order appointing James Poindexter clerk of Powhatan County court the correct transcripts taken from the records of my office. In testimony where of I have subscribed my name and affixed the seal of the said county court hereunto this 3rd day of October one thousand eight hundred & thirty two.

Wm. J. Dance

In Powhatan County court January, the 20th 1802. The court proceeded to the choice of a clerk in the room of Abner Crump deceased and upon examination of the votes there appeared to be nineteen in favor of James Poindexter and four in favor of Wade N Woodson, whereupon the said James Poindexter was declared to be duly elected and was then qualified as clerk by taking the oaths prescribed by law and entering into bond with security in the penalty of three thousand dollars conditioned as the law directs.

A Copy; Teste; Wm. J. Dance
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Examination
Of the case
Abner Crump

The evidence in this case is respectfully submitted to the Secretary of the Treasury for his decision thereon.

Auditor Office
Oct. 27, 1832

Rejected

See letter to John W Nash of 39th October 1832
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Examination of the case of Abner Crump

The name of Abner Crump is not on written or the printed list of “Pending Claims” or “Claims not prosecuted” received from auditor Heath but is on the manuscript list received from him as a Captain in Service at £72/ annum half pay.

Abner Crump appears to be satisfactory proven that he was discharged from service on the 22nd April 1783 at £12/ month, and that he died about the latter part of the year 1801 or first part of the year 1802 also appears to be proven. Evidence is also proven that his immediate ?? in office as clerk of the court for Powhatan County was appointed on the 20th January 1802.  And therefore, that the 31 December 1801 might be admitted as the date of his decease. 

By copy herewith of the will of said Abner Crump it appears that George Crump, son of Goodrich Crump, was his principal heir. It also appears that the Administrator on said will has died and that as no other person has applied of the county, was on the 19 September 1832 authorizing to take into his hands the administration thereof. And that he by a power of attorney acted 18 October 1832 has authorized John W Nash Esg. of Powhatan County to receive from the Secretary of the Treasure such sum as may be due to said Captain Abner Crump (but the date of the Act of 5 July 1832 is not inserted is the said Power of Attorney.)

But
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But there is no evidence of the names & residences of the present heirs lawfully entitled to receive the amount due, nor of their spent to the payment of the money to the administrator nor to his attorney, nor any notice of the disposition intended to be made of the amount of the claim.

It appears on page 61 of the Report of the Committee of the House of Representatives of the United States of 16 January 1832 on the Virginia Clams (No 191) that on the 23rd April 1791 Abner Crump was paid on a judgement of the District Court

For Commendation - £720.0
& for Interest - £332. 3p

Amounting together to - £1052. 3p

Equal to $3507.17 including the payment to Virginia under the 1th section of the Act of 5th July 1832

His half pay for the period within mentioned region 23 April 1783 to 31 December 1801 inclusive 18 years 253 days would amount to $4486.36

From which deducting the payment by Virginia above – 3507.17
Would leave a balance of Dollars 979.19

Auditor Office 27 Oct 1832
Wm Parker
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Ab: Crump's adm

----------------------------
to {Pow: of attorney
      and affidavits
----------------------------
John W. Nash
---

Wade Mosby's affidavit
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Know all men by these presents that I William Crump Sheriff of the County of Powhatan and administrator de bonis non with the will annexed of Abner Crump deceased have made constituted and appointed and by these presents do make constitute and appoint John W. Nash Esquire of the County of Powhatan my true and lawful attorney for me and in my name as Sheriff and administrator aforesaid to ask for, demand and receive and recover from the Secretary of the Treasury on the proper authorization ?? the Federal Government at Washington all and every sum or sums of money to which the late Captain Abner Crump of the Revolutionary Army is now entitled either in the form of half (wage??) or any other grounds and I do hereby authorize and empower the ?? Nash to do and perform all and any act or acts which may be necessary and proper to enable him to recover the same, and to grant all the necessary receipts and discharges therefore when recovered.

In testimony whereof I have hereunto affixed my hand and seal this 18th day of October Eighteen Hundred and Thirty two.

Wm. Crump
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State of Virginia
Powhatan County to wit

This day the within named William Crump Sheriff of the said County of Powhatan and adm ?? de bonis non with the will annexed of Abner Crump dec'd personally appeared before me, a Justice of the Peace for said county and acknowledged the within Power of Attorney to John W. Nash to be his ace and deed and ?? me to certify the same accordingly.

Given under my hand and seal this 18th day of October, 1832

Jos. B. Davis
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State of Virginia Powhatan County to wit

This day WIlliam Pope Esquire aged seventy years on the 23rd day of this month personally appeared before me a Justice of the peace for said county and after being duly sworn upon the holy Evangelist of almighty God states that he became acquainted with the late Captain Abner Crump of the revolutionary army about the year 1785 at which time this applicant began his practice of the law in Powhatan Court, that the said Capt. Abner Crump was at that time the Clk of the county court of Powhatan, or was soon after appointed to that office. Which he continued to hold until his death that this officiant continued to be well acquainted with the [illegible] Crump from their first acquaintance to the period of his death which he thinks occurred about the latter part of the year 1801 or the first of the year 1802 but which can be ascertained with more certainty by reference to the records of the county court of Powhatan [illegible] the date of the appointment of James Poindexter as the Clk of said
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Court. The same Poindexter being appointed as the immediate successor of Capt. Crump as the Clk of Powhatan. This officiant further says that the said Crump died at Powhatan Ct. House, and that he was either present at the time of his death or a few minutes before, that his will was proved and recorded in Powhatan County CH. and that no other individual of the name of Abner Crump has ever lived in the County except his nephew Dr. Abner Crump the son of Richard Crump who is now alive and to whom the said Capt. Abner Crump gave the principal part of his estate, that this officiant never heard of any other man of the name of Abner Crump being in the Revolutionary Army. That the said Capt. Abner Crump was in the habit of writing the late Colo. Charles Dabney of Honor with whom this affiant was also well acquainted and he has heard the said Colo. Dabney and Capt. Abner Crump often in conversation together narrating the events of their military services
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together, and from the same source derived his knowledge that he had been an officer in Colo. Dabney's legion after the first Virginia State Regiment was reduced. That this officiant was well acquainted with the late Fred. Morrow with Colo William Batty Colo Wm Campbell and many other officers of the Revolutionary Army, among all of whom the individual who resided in Powhatan and whose will is of record in [illegible] Court was recognized as an officer of the Regular Army, and who had been an officer in Colo. Dabney's Legion. That some time before the death of the [illegible] Capt. Abner Crump, he presented to this officiant as a token of his friendship the certificate or diploma of his being a member of the Cincinnati association signed by the late Genl. George Washington as President which diploma this officiant now has in his possession. 
[illegible] my hand and seal this ninth day of October eighteen hundred and thirty-two 
Rob. K. Dabney Esq.
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State of Virginia Powhatan County to wit
This day Wade Mosby Esquire in his 72nd year of age personally appeared before me a Justice of the peace for said county and after being sworn on the holy Evangelists of Almighty God, states that he was well acquainted with the late Captain Abner Crump of the Revolutionary Army. That he became first acquainted with him during the revolutionary war and while the said Crump was in services and continued to be acquainted with him from that time until the period of his death. That the said Captain Crump after the war resided in the County of Powhatan and was appointed clerk of the county court of P. County in which office he continued until the period of his death. That the period of his death may be ascertained with all necessary certainty by reference to the time of the appointment of James Poindexter as clerk of the county court of Powhatan, as the said Poindexter was the immediate successor in that office of the [illegible] Capt. Abner Crump, and that this officiant was at the time of his death and had been for years after an acting magistrate of said county. That he knows that the Capt. Abner
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Crump who was clerk of Powhatan and who lived and died in Powhatan County and whose representatives are now seeking to [illegible] the [illegible] of his [illegible] in the same Cap Abner Crump of the Revolutionary Army.
That he knows the [illegible] Crump most intimately and never heard of any other man by the name of Abner Crump who was in the Revolutionary Army.
Given under my hand and seal this 10th day of October Eighteen hundred and thirty-two. 
Saml. Drake [illegible] Esq
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State of Virginia Powhatan County to wit,
I William S. Dance clerk of the county court of Powhatan in the state aforesaid, do hereby certify that Joseph B. Davis whose signature is affixed to the annexed power of attorney from Wm. Crump Sheriff of the county and as such admin de bonis non with the will annexed of Abner Crump dec'd to John W. Nash, that Robert K. Dabney whose signature is affixed to the annexed affidavit of William Pope and that Samuel Drake whose signature is affixed to the annexed affidavit of Wade Mosby, are each and all of them acting justices of the peace in and for the county of Powhatan aforesaid, duly commissioned and qualified as such, according to the Constitution and laws of this state; and that full faith and credit are due to see their acts as such: in testimony whereof I have subscribed my name and affixed the seal of the said county court here unto this 19th of October 1832. 
Wm. S. Dance C.
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Abner Crump-R.13459
BA-J/ANF

Mrs. John A. G. Davis
Greenwood
Virginia

Dear Madam:
July 14, 1936


Reference is made to your letter in which you
request information in regard to Abner Crump of Powhatan County, Virginia, Colonel in the War of the Revolution.

The data furnished herein were obtained from
papers on file in pension claim, R. 13459, based upon the service of Abner Crump during the War of the Revolution.

The date and place of birth of Abner Crump are not given, nor are the names of his parents stated.

Abner Crump was captain in Colonel George Gibson's Virginia regiment until after the Siege of Yorktown, then transferred to Colonel Charles Dabney's Virginia regiment, and served until April 22, 1783.

It is stated that he was a member of the Cincinnati Association.

In 1785 he was Clerk of the County Court of Powhatan County, Virginia. He died in Powhatan County, January 2 or 20, 1802. It is not stated that Abner Crump was married.

Reference was made to the brother of Abner Crump, namely Goodrich Crump and Richard Crump, the said Goodrich referred to in 1802 as deceased, and the Richard Crump referred to in 1832 as deceased. Nephews of Abner
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Crump referred to were, George Crump, son of Goodrich Crump, and Abner Crump, son of Richard Crump.
On October 18, 1832, William Crump, Sheriff of Powhatan County, Virginia, and administrator of the estate, applied for the Virginia half pay for life, which was due under the Act of July 5, 1832, on account
of the service of Captain Abner Crump in the War of the Revolution. The claim was allowed.
On August 31, 1846, George William Crump was appointed Acting Commissioner of Pensions, Washington, D. C. His relationship to the family is not stated, nor is it shown that the Sheriff William Crump referred to above was a relative.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
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I do hereby authorize and empower Goodrich Crump of the County of Powhatan, to settle with the Auditor of public accounts for half pay or Commutation allowed me as Captain in Colonel Dabney's Segunary Corps, agreeable to an act of assembly intituled [entitled] "An Act giving the compensation of half pay to certain officers of the State line, and receive Certificates, or warrants thereon, In testimony whereof I have herunto affixed my hand and seal this 22 day of April 1791.

Abner Crump

Witness
Wade Woodson
Thomas Turpin
Robert Carrington.

5 yrs full pay   [illegible]20 principal 
6pn6 Int [illegible] yrs. 8 months 8 days 332.3/ Int.
Capt discharged 22 apr 83 12. p month

Auds Office
23 April '91

Recd. [illegible] & Cert as stated above
Goodrich Crump

The foregoing is a true copy of a voucher filed in this department

Auds Office
3 August 1832

Jas E Heath   audr pub accts
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Sir,

On examination of your claim to Bounty Land from the United States, as the special devisee of Capt. Abner Crump dec.d of Colo. Geo. Gibson's Reg' of the Virginia State line, and in virtue of the first clause of the last Will of that Officer, it is not perceived that, you can legally claim, in your individual right, the Military bounty land, due on the part of the United States, in right of Abner Crump dec.d in virtue of the decision of the Secretary of War, made in the year 1830, declaring that the Regiment commanded by Col. George Gibson did properly belong to the Virginia continental line.
By the will in question, the testator bequeaths to you, the "remnant of his military claim to land," specially designating the same "as 2000 acres, of which M. Vandenwall will render an account of 1000 acres". The land thus referred to in this Will, it is manifest was a (illegible) of the 4000 acres granted in 1783 by the State of Virginia to Capt. A. Crump, as a Captain of the Virginia State line, and could not by any possibility refer to any other: inasmuch as the Resolutions of Congress providing bounty lands for the Officers of the Revolutionary Army did not embrace those of the Va. State line: nor event their claims to such bounty from the U. States ever countenanced , or Satisfied, until the decision of the Secty. of War in 1830.
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Hence it was impossible for Capt. Crump (whose will was made in 1797 and recorded in 1802) to know or believe that he had any valid claim for military Bounty Land from the United States.

In view of these facts, I consider the right to the 300 acres of bounty land now claimed from the United States, to be legally vested in the heirs at law in fee of Capt. Abner Crump, there being to residuary devisee designated in his last will.

A warrant for the land in question will therefore issue to such heirs, on the production at this office of the necessary evidence of their heirship.

Very Respectfully
Your Obt. Servant



Dr. Geo. W. Crump
Present
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rec'd 21  Feb 1833 
(296)
251

Auditor's Office of Virginia
Feb 19, 1833

Sir

I return you the papers in the case of Abner Crump.  I am satisfied from the best examination I have been enabled to give the subject that Crump did not obtain Judgement against the Commonwealth.

I am sir very respectfully
Your Obedient Servant
Jas E. Meath


The Hon Louis M. Lane
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Re'd 29 January 1833

Richmond
January 25 1833

Honorable Louis McLane
Secretary of the Treasury of U.S.

Sir.

Some time in October last I had the honor to submit for your examination the claim of Wm. Crump Admr de bonis non with the will annexed of Abner Crump dec'd for the balance of half pay life of the P. Abner Crump who was Captain in the Revolutionary War in the first Virginia Regiment of State Troops commanded by Colo. George Gibson and after the reduction of that regiment transferred to Colo. Dabney's legion in which he remained in command until the close of the war.  That the claim thus presented was rejected on the grounds that the P. Abner Crump had  ?? in his life ?? to bring suit for Commutations and that a Judgement for Commutations and Interest had actually
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been ?? in his favor by the Court of Virginia and had been paid over to him in 1791.  The object of the present application is respectfully to ask of the Department a new hearing of the case ?? is ?? from the Certificate of the Clk. of the Circuit Superior Court of Law for ?? and the written explanation and Certificate of the Auditor of Virginia that no judgment was ever rendered in the case at all and that the payment of Commutation and Int. in 1791 in lieu of half pay was a voluntary things on the part of Virginia under the general opinion which ?? ?? that the act of the old Congress of the U.S. which gave the right to the Continental Officers to accept Commutation instead of half pay also applied to the state troops of Virginia which the decisions of the Ct of Appeals in the cases of Mark Lane and Lilly Sher did not apply to the troops of the state It must also be apparent from the ??
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of the Auditor that the Department has [illegible] had into the erroneous belief that a Judgement was rendered in his case by a mistake of the Auditor or some of his Clerks in making out the Document referred to in his Certificate and which [illegible] at [illegible] of Va. to Congress--a copy of which is now in the Auditors possession and has been reexamined by us at the time of his granting the Certificate herewith Inst.

Perceiving from your Letter rejecting the claim in October last (abide I herewith send that you may have the whole subject fully before you) that the fact of there having been a Judgement for Commutation was relied upon I have dutifully searched for the motive of [illegible] Judge and none can be found as will appear by New Certificates before applied to.  I have been led to hope therefore.  [illegible] that difficulty being removed the Department will feel [illegible] authorized to order the settlement of the claims.  I feel the greater confidence in this belief from the fact that the Department has already adopted a liberal and fair construction of the Act of Congress of the 5th of July 1832
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in relation to those affairs of the Va State Troops who had received Commutation from the State of Virginia by special [illegible] of her determination, in which were always complied and [illegible] waiver on the part of the claimant of any other allowance, and that the same was to as in [illegible] of half pay [illegible] and I flatter myself that a claim of this Case will present no other point of difference between it and those cases than [illegible] now being no difficulty about the part of Capt Crumps remaining in the Army militia [illegible] end of the War.  he was at once paid commutation without difficulty wherein there being doubt within the [illegible] did.  My [illegible] to be provided for by [illegible].--The Department is respectfully referred to the papers formerly filed in support of this claim as well as the papers now sent and will please apprize me of its decision.

If any further information should be deemed necessary I doubt not a call upon the Auditor here would obtain it.

Respectfully [illegible]
John W. Nash [illegible]
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[illegible] 27 Oct. 1832

State of Virginia
Powhatan County October 20th: 1832

Louis McLane Esquire Secretary
of the Treasury of the United States

Sir

In persuance of the Act of Congress approved July the 5th: 1832 entitled "An Act to provide for liquidating and paying Certain Claims of the State of Virginia" I beg leave to present the claim of William Crump Sheriff of Powhatan and as such [illegible] now with the Will [illegible] of Abner Crump did for the balance of $9.80 Dollars due the said Abner Crump as a Captain in the first Regiment of State Troops Commanded by Colo: George Gibson, and who upon the reduction of the State Regiment after the Siege of York with other officers belonging to the State Regiment now assigned command in the Legion Commanded by Colo: Charles Dabney (for the best History of Dabney, Legion and the materials who composed it see Judge Coalters opinion in the first Vol: of Leighs Reports of the Decision of the Court of Appeals in Va. in Capt: Lilly's care)  This said Crump having remained in actual service to the end of the War and to whom the State of Virginia in the 23d: day of April 1791 paid L720 principal for five years full pay and L332:3 [illegible] making together the sum of $3.507:66 cash which is now to be applied as a credit to his claim for half pay for life.  (See Document from the Audirots Office in Virginia filed
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herewith showing the Amount recd. by Goodrich Crump for his brother the late Abner Crump)

Capt Abner Crump died in Powhatan about [illegible] the 2nd: day of January 1802 which computing from the 22nd: April 1783 makes18 years [illegible] and 10 days at $240 per year is--$4487
Cr: [illegible] ------------------3.507:77
leaves a balance due of---------980

1st:  For proof that Abner Crump was a Captain in the first Virginia Regiment Commanded by Colo George Gibson see the Documents which have been furnished by the Auditor of Virginia to the Treasury Department especially the Report made by a board of Officers who sat at Richmond the 2d Feby 1782 and the 13th: of April 1782 containing a list of the heirs of the State [illegible] entitled to half pay and for making the proper communications & in which Capt Crump is reported as belonging to [illegible] Regiment and being there in actual Service, this Document has doubtless been furnished to Treasury Department by Auditor Heath if not it shall be forwarded upon its absence being suggested.

The Document accompanying the Memorial of Mr. Gilsmer the Commission on behalf of Virginia to [illegible] at it last Session having the papers of the act and in which this claim is [illegible]

That he remained in Service to the end of the war havinh been assigned a Command in Dabneys Legion the recognition of the [illegible]
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by the State of Virginia in paying his 5 years  full pay [illegible] Interest for Commutation instead of half pay for life under an erroneous impression that the principal of Commmutations applied to the State Troops remaining in Service to the end of the War, as well as to the Continental Troops.

The identity of the Individual, and the time of his death is believed to be established beyond all doubt by the affidavits of Wm Pope a practicing Lawyer and [illegible] for the Commonwealth in the County of Powhatan, and of Wade Mosby an old Magistrate of P. County & to the Copy of the Record attached to the Copy of the Will showing the appointment of James Poindexter as Capt Crump's successor as Clk of Powhatan.

The only possible ground of distinction between his case and that of Lieut Wm: White which has been allowed and paid is that Capt. Crump remained in actual service to the end of the war and was not a Supernumerary.  2nd: That the State of Virginia realized his claim for having so remained in Service to the end of the War and paid him by Mistake not half pay for life a which he claimed but the Commutation of five years full pay

A Reference to the Act of Assembly of Virginia giving half pay and to the Resolution of Congress upon the subject of Commutation will readily show that the principle of Commutation never applied to
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State Troops, although for a long while so summarily [illegible]--Capt Crump's claim there for Satisfaction of the balance of his half pay is one of the highest Character

The Department is respectfully reminded (to guard against any  [illegible] upon that point.) that Capt. Crump's case does not belong to that class of Con. where the Supernumerary Officers of the State of Virginia [illegible] of payment for half pay threw their claims on the Justice of the Legislature & [illegible] private act of a [illegible] to be [illegible] in this individual case giving them 5 years full pay for Commutation and [illegible] all other claims--nothing of the kind occured in Capt Crumps Case

[illegible] this claim is allowed, I should be thankfull for information of the fact by Letter addressed to me at Dickensonville Post Office Powhatan County Virginia--or if any further information is denied the like reference may be had.

Very respectfully Your Obt St:

John W: Nash
attorney for 
Wm Crump Admin of Abner Crump

P.S.
The Department is also referred if necessary to the Auditor of Virginia for any further Document or explanation in regard to this claim
JWM
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14C

[Stamp illegible]

Mr. Geo. W. Crump
Pension Office
Washington D.C.
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Boston October 8th 1846

Dear Sirs

Yours of the 6th inst is at hand--and I regret that my memory will not help me to determine your enquiry [illegible] a voucher for a quarters rent ending the 31st december 1845

I expect to return within the Month when my Bank accounts will be examined and by which I can readily determine the question, it is possible that the quarters rent alluded to, may have been appropriated to the payment of Taxes and fire Insurance, but this is mere conjecture--it will be strictly attended to however, immediately after my arrival.

Yours msot respectfully 
G. Bomford
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A

Oct. 14 1846

[stamp]
Richmond Va
Oct 12

Re
Payments to 
Abner Crump

[illegible]

J. L. Edwards Esq
Pension Office
Washington City

[stamped]
5
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Sir

I have receeived yours of the 10 inst.  It appears by evidence in this office that Abner Crump received through his Atty in fact - April 23, 1791 - a warrant on the Treasury for L720 being in full of his commutation as a captain in Dabney's Legion.  I cannot find that he obtained judgement for the amount nor is there any copy of a judgement filed among the papers.  The truth of the matter I take to be this:  It appears that on the 7 April 1791 the district court ordered a judgement in favour of Wm Slaughter an officer of Dabney's legion for commutation If I find the following endorsement in a copy of the judgment in the hand writing of the late Chief justice Marshall.  I have no doubt but that his decision comprehend the case of all the officers of Dabney's legion who served til the 22 April 1783.                          J. Marshall

The then Auditor did not I suppose deem it necessary to require a judgement in the case of
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Crump and others.  the principle being regarded as settled in Slaughter's case.

Very respectfully
Yrs

Jas. E.  Heath
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2     Oct. 14. 1846

Report of Chief Clerk

Ru can

Abner J. Crumo

Comr.


James L. Edwards Esq
Comm of Pensions 


19 July 33.
Page 39

Washington City
October 14th 1846

Sir,

In the case of Abner Crump's Administrator under the Act of 5th July, 1832, I admitted the fact that his claim had been "prosecuted to Judgement and paid by Va." because that fact was assumed at the Treasury Department in 1833, and made the exclusive ground (as you will see by reference to the correspondence for rejecting the claim.  I beg leave now to retract that ommission upon the authority of the Auditor of Virginia whose letter to you, (this morning received), shows that such was not the fact.  The payment of Commutation to Capt. Abner Crump was voluntarily, altho the Auditor is of opinion that the Judgement in Slaughter's case, and the endorsement of Mr. Marshall, may have induced the payments.  This certainly being the sole ground upon which the claim was rejected in 1833, and places the claim upon the footing
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of Frederick Woodson, Wlliam Campbell, and Angus Rucker, whose claims to half pay for life have been adjusted with the deduction of the Commutation which they had each received of Virginia.

I have the honor to be
Very respectfully
Your Obt. Servt.

G. Wm Campbell


James L. Edwards Esq
Commissioner of Pensions
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B 

[stamp]
Richmond Va. 
Sep 15

[stamped] 5

George Wm. Crump Esq

City of Washington
D.C.
Page 42

Richmond Septr 14th 1846

Dear Sir,
I received your letter this morning requesting me to furnish you with "the material facts set forth in the petitions upon which special acts were passed in 1825, 1826, & 1827, for the benefit of the heirs of Frederick Woodson, Angus Rucker & Wm Campbell revolutionary officers, with the provisions of those enactments so as to afford a full view of the consideration which induced & the objects accomplished by those acts".

Charles Woodson executor of Frederick Woodson petitioned the Legislature in 1825-6.  His petition is not now on file, I suppose it has been withdrawn by leave of the house.  The law merely directs the Auditor to settle with him (the executor) the commutation of full pay for five years in lieu of half pay for life, of the said Fredk. Woodson as a lieutenanrt & adjutant of infantry in the Va. Line on State establishment during the Revolutionary war & to issue a warrant on the Treasury for the amount found due, disallowing interest on the claim.

Angus Ruckers petition was presented the same year.  he states that early in the year 1777 he embarked as a Captain in the 1st Va State Regiment
Page 43

under the command of Col Gibson, that he continued in active service until 1780 that Shortly after the battle of Brandywine he joined the main Continental army in Pensylvania, that on the return of the Regiment to Va it was found that they had more officers than necessary & it was decided by lot who should be supernumerary; that it fell to his lot to be one of these, but he was required to hold himself in readiness to march whenever occasion
should require--that he held his commission as Captain & was always ready to march until the end of the War.  He states that Campbell, Nicholes, Broadus & Ewell who stood upon identically the same footing with himself had all of them had their claims adjusted by the State.  He asks to be allowed his five years full pay as the same had been allowed them.  The law passed in 1826 requiring the Auditor to settle with him his commutation pay, as a captain of infantry in the Va. Line on State establishment during the Revolutionary War & to assure a warrant therefor disallowing interest.

Wm Campbell's petition was presented in 1818-19.  He states that in 1775 he joined the army as a Sergeant & served as such until the fall of 1776 when he received a subalterns appointment from the Committee of King & Queen County in their quota of the six additional agreements to be raised for the continental Service.  That he immediately raised his proportion of men & marched to the rendezvous at the City of Williamsburg.  That his company & five others that were raised especially for
Page 44

the Continental army were forced the the Governor Office against the remonstrance of all the officers into the State Service & five other Volunteer Companies were accepted in the Continental Army: that the officers appealed to the State Legislature at its May Session 1777 for relief & they resolved to request Congress to take the regiment to which these Companies were attached upon Contintental establishment, but that Congress did not accept their services; that he continued in the Army until 1782 when the whole of the State Troops were consolidated into a Legionary Corps & that he with many other officers then became supernumerary & he asks for his commutation pay.

The law in his favor passed 1818-19 sets forth the facts in the Preamble as detailed in the petition & then requires the Auditor to settle with him oir the "depreciation of pay of a Captain in the State or Continental line."

I have no means of ascertaining the date of the first decree of the Court of Appeals in favour of the half pay claims of the State Troop Officers, because you can only find the decisions by knowing the name of the party in whose favor a decree was rendered.  A great many of these cases however were decided in 1832 & I believe that about that time is the period you seek.

I am very respectfully your friend [illegible]
George Wm. Crump, [illegible]   George W. Munford
Page 45

Pension Office,
October 16, 1846

Sir,
I have the honor to make the following report upon the half pay claim of the representation of the late Captain Abner Crump of the 1st Virginia State Regiment under the Act of 5 July 1832.

In 1832 this claim was presented to the Treasury Department, and rejected in a letter of the Secretary, on the 30th October of that year in the following words--"The 3d. Section of the act provides for the settlement of half pay claims of officers only, of Certain Regiments and Corps, "which have not been paid or presented to judgements against the State of Virginia; and for which said state would be bound upon the principles of the half pay cases already decided
Page 46

decided in the Supreme Court of appeals of that State".  It appears that this claim has been presented to judgement and that the judgement, which was for commutation and interest, was paid in 1787."  If this had been the only decision in the case the argument of the representation in his Letter of the 14th inst. (No. 2) would be conclusive for it is not literally true that this claim had been "prosecuted  to judgement" which is assumed in the above decision as the sole ground of rejecting it.  It appears however that the Secretary of the Treasury was informed by the Auditor of Virginia on the 19th February 1833, that Captain Crump's claim had not been "prosecuted to judgement" and the Secretary on the 28th February 1833, (no doubt with the knowledge of the circumstances under which commutation and interest had been paid to Captain Crump, as detailed in the letter of the Auditor of Virginia (marked A) made the following decision
Page 47

decision - " It appears that Abner Crump received from the state of Virginia either by judgement of some court or otherwise, all that he was entitled to under the decisions of the courts, and the same as if he had obtained a judgement." This decision narrows down the point on which this case turns, It is not rejected on grounds that it has been "prosecuted to judgment" which is not sustained by the fact nor upon he ground that it had been "paid by Virginia" which would have been consistent with the allowance of half pay with the deduction of the commendation paid by Virginia in the cases referred to of Woodson Campbell and Rucker. But the decisions in that hearing received "all he was entitled to the same as if he had obtained a payment" The department did not feel authorized under the circumstances to make any [illegible] payment in the case, This interpretation of the words "prosecuted to judgment" to embrace such cases as were adjusted by the officer of Virginia in consequences of a judgement rendered in a parallel case,
Page 48

constantly the sole ground upon which this Claim should be decided.  It is not my province to sit in judgement upon the interpretation of the Head of a Department and will only add that the Act of 5 July 1832 is remedial and is therefore entitled to a liberal construction in view of the object contemplated by it; which is the adjustment of the half pay claims lately decided by the Courts of Virginia to be the absolute and vested right of Certain officers of designated Corps of State Troops.

The payment of commutation by special act of Virginia is no bar to the half pay for life deducting the communtation recieved.  It is those cases only in which the commutation was obtained by judgement, or was paid in consequence of a payment having been rendered in a parallel case which have been resisted.

I have the honor to be,
Very respectfully,
your obt. servt.
J L Edwards


Hon. W. L. Marcy,
Secretary of War.
Page 49

1

Sir
[illegible] off
Sep 46

I have the honor to state that in 1833 the admr. of Abner Crump decd. applied for the difference between the 5 years full pay in commentation of half pay for life which was paid him by the State of Va and the half pay which is allowed by the act of 5 July '32 to a Capt of the Va State troops.   When this claim was presented it was rejected upon the ground that it was excluded by the act as having been prosecuted to judgement [illegible] by Va But it is respectfully submitted that the act provides for a fulfilment of the obligation to the officers of the designated Corps controlled by the state of Va in her promise of half pay for life agreeably to the decision of the Court of appeals of that state.  The act appropriates a gross sum of money to satisfy Judgements which had been obtained by officers of the designa
Page 50

2
corps & paid by Va and another sum to that state to [illegible] unsatisfied judgements against her.  These provisions apply to judgements obtained in the Court for half pay during the preceeding year and hence the provision for adjusting the claims of the remaining officers of those corps agreeably to the principles of the decisions pronounced by the Court of appeals (the year before) excludes those half pay claims which had been prosecuted to Judgement & paid by the State of Va.  Should this exclusion by the generality of the language apply to the claims of such of those officers who had served Va for "commutation" in older time, not withstanding the express authority & injunction in the same paragraph to adjust the half pay "of those several corps" on the principles of the half pay cases already decided by the Court of Appeals".  In the cases of Frederick Woodson (who was for a large portion of the war a Lt. in Capt Crump's Company & Wm Campbell & whose heirs recd. commutation by Special Acts of Va. in 1826, the half pay for life which the Court of Appeals in 1831 had decided to be a vested right in the
Page 51

and therefore does not in any respect affect the right of the officers, who say they enforced his claim, to [illegible] Invalid pension for wounds & also one under the act of 7 June '32 for service.  The State troops were not entitled to the provisions of the act of 15 May which embraced those only who belonged to the Continental Army.  [illegible] true as you intimate, that an officer of the Va State troops (which were raised upon the same pay - bounties & promises as the troops of the Va. Continental Line) may receive his half pay for life agreeably to the of the Court of Appeals of that state--and at the same time receive a pension under act of 7 June 32 for [illegible] service & due Invalid pension for wounds in the [illegible] war

I have the honor

Con. W. S. Archer
Senate
Page 52

Washington
31 Aug 1846
G Wm Crump is hereby appointed act.g Commissioner of Pensions during the absence of James S Edwards
Given under my hand this 31 Aug 1846
James [illegible]
Page 53

[I think this is a duplicate page]

1

Gen Off
Sep. 46

Sir

I have the honor to state that in 1833 the Admr. of Abner Crump decd. applied for the difference between the 5 years full pay in commuation of half pay for life which was paid him b the State of Va and the half pay which is allowed by the act of 5 July '32 to a Capt. of the Va. State troops when this claim was presented it was rejected upon the ground it was
Page 54

2 corps and paid by VA and another sum to that state to [illegible] unsatisfied judgements against her--- These provisions apply to the judgement obtained in the Court of appeals for half pay during the preceeding year and hencce. The provision fo radjsuting the claims the remaining officers of those cporps agreeably to the principles of the decisions provenced by the Copurt of appeals (the year before) exculdes those half pay claimswhich had  been prosecuteded to jsugent and oaid by the State oF Va  shall this exckusion by the generality of the [illegible] apply to the claims of such of those officers who ahd [illegible] VA for "commuttaion" in olden time, notwithstanding the express authority injunctin in the [illegible] paragraph to adjsut the half pay "of those several corps" on the pronciples of the h alf pay cases already decided by the OCurt of Va
Page 55

State troop
officers was paid to their Heirs under
this act deducting the commutation they
had recd [received]  from Va. under those special acts. Va had at all times resisted these
claims of the officers of State troops to be placed upon the same footing of the Continental rights in relation to the promise contained in the Act of May 1779 - at different periods certain officers were able to show actual service to the end of the war and sued the state for the commutation which
under the same promise had been
recd [received] by the Va Continental officers - In 1831 decision was made by the Court of  appeals not in favor of their right to commutation which the continental officers had voluntarily accepted in lieu of
their halfpay promised by the State of Va
but that those officers had an absolute vested right to the half pay for life which that State was bound to satisfy - If Capt Crumps vested
right to half pay for life be addressed "on the principles" of that decision it would amount to more than the
Page 56

4
Commutation he prosecuted to Judgement in in 1791 - Shall whose claim is
the promises of the act of  May 79 for
service to the end of the war was so
strong as to be enforced before the
Courts of Va for a sum which
was  commutation of
his full rights, be debarred the
benefits of an act passed expressly to fulfil the the obligation contracted by Va in that act of May 79, or expounded by the Court of
Appeals, while his brother officers
(as in the case of Frederick Woodson, Wm Campbell & perhaps others) who, under
to sustain their claim to those
promises before a court, received
commutation by favor of special
acts, are allowed the half pay
when accounting for the commutation 
The facts off of this case are upon
the records of the pension office & as
I am the sole beneficiary
of the claim it is for obvious reasons
mitted to you I have the honor
GM

Hon. W. L. Marcy
Secy [Secretary] of War
Page 57

Taking
of rights under that decree
can there be a difference between
those officers who have at any
time received a part only of what
the Court of Appeals has decreed
to be their absolute & vested right
and those who have never
recd [received] any thing, in the execution 
of act passed expressly to carry
out that decree. By refering to
the paragraph in which the
supposed exclusion is contained
you will perceive that the language
employed could refer only to the remaining
half pay (not commutation) claims for which
Va was bound by the decree of the Court of appeals which had not been prosecuted
to Judgement & paid can it be said 
that Capt Crumps half pay to which he was entitled under under that decree, has been
prosecuted to Judgement & paid? The
exclusion applies to those claims only
which the decree had affirmed &
which had been prosecuted & paid
by Va
Page 58

Gen off
June 1 46

Sir

In reply to yours of 30 inst a copy of which is returned for your use before the Committee, I have the honor to state that the pension laws prior to 1832 did not accord to revvy men but one pension & in cases of disabilities from wounds the claiment was at liberty to choose between a stipend for service or once for disability.  In that & the succeeding year [illegible] were passed ( [illegible] Hon. Rep. Doc 95 / page 23) which enabled the pensioners under the act of 15 May 1828 & of June '32 to receive [illegible] any invalid pension to which they might be entitled.  The act of 15 May 1828 provided a pension for life to commence on 3 March 1826 for those of the officers who had received Commutation or were entitled to it, & of privates who had received the gratuity, this
Page 59

was inconsistant with the law of 1795 allowing an Invalid pension to an officer upon condition of surrendering his Commutation certificates, and accord to him a pension for his service, notwithstanding his receipt of Commutation and an Invalid pension so also under the act of June 32 disabilitaties from wounds & a certain amount of service were recognised as distinct grounds each meriting a pension of which an officer or soldier may be the recipient at the same time.  The act of 5 July 32 authorizes the adjustment of the claims of the Va State troop officers for half pay agreeably to the principles laid down in the decree of the Va. Court of Appeals in the suits brought by certain officers to enforce their rights to such half pay which in the case of the Va. Line or Continental establishment had been discharged by being commuted for 5 years full pay.  This half pay is an absolute right resting upon the stipulations under which the service was rendered and enforced by process of legal adjudication
Page 60

I John Robinson Clerk of the Circuit Superior Court of law and Chancery for Henrico County, having in my possession the records and papers of the Common law District Court, formerly held at the Capital in the City of Richmond, do certify that I have searched the records of the said District Court from the establishment thereof in 1789 till it was abolished in 1818, to ascertain if any Judgement was rendered therein in favor of Abner Crump against the Commonwealth for commutation of half pay for services rendered by him in the revolutionary war, but do not find any such Judgement in the said District Court

Given under my hand this 14th day of January 1833.

J. Robinson 

I do certify in corroboration of the Certificate above given by J. Robinson esq clerk of the circuit Superior court of Henrico County that it does not appear by any evidence in this office that Abner Crump received judgement against the State of Virginia for his commutation or five years full pay which he received on the 23 April 1791 - nor was the list of payments marked No 12 - in the presented Report No. 191 presented to Congress in the 16 Jan 1832 - by the Committee on the Claim of Virginia intended to have that construction:  on examining that list of payents, it will be seen that in the case of Wm Slaughter the fact of a judgement is definitely stated, and that in the case of Wyatt Coleman, the usual 
abbreviation
Page 61

of do is put down to denote the same thing.  [illegible] the cases next succeeding beginning with [illegible] there is nothing more than a dash, not intending to signify either that there was or was not a judgement leaving that fact unascertained at the time the list was made out.

Given under my hand at the
Auditors office Richmond
this 15 Jany 1833 

Jas E. Heath
Audr of Va.
Page 62

[illegible stamp]

Treasury department
Louis McLane


John W Nash Esq
Dickensonville
Powhatan Co.
Va
Page 63

Treasury Department
30th. October 1832.

Sir:

The claim of the legal representatives of the late Captain Abner Crump, under the act of the 5th July 1832 had been examined.  The 3d. Section of that act provides for the settlement of half pay claims of officers, only, of certain regiments and corps, "which have not been paid or prosecuted to judgements against the State of Virginia, and for which said State would be bound on the principles of the half pay cases already decided in the Supreme Court of appeals of said State."  It appears that this claim has been prosecuted to judgement, and that the judgement, which was for commutation and interest, was paid in the year 1791.  The claim is therefore not provided for by the act.

I am, Sir, very respectfully,
Your obedient Servant,

Louis McLane
Secretary of the Treasary

John W. Nash Esq.
Page 64

217  1

Pen off
Oct 16 46

Sir

I have the honor to make the following report upon the halfpay claim of the [illegible] of the late Capt Abner Crump of the 1st Va State Regt. under the Act of 5 July 32.

In 1832 this claim was presented to the Treasury Dept. & rejected in a letter of the Secy on the 30 Oct of that year in the following words--"The 3 Section of the act provides for the Settlement of halfpay claims of officers only of certain regiments & corps" which have not been paid or prosecuted to Judgements against the State of Va & for which said State would be bound upon the principles of the halfpay cases already decided in the Supreme Court of Appeals of that state".  It appears that this claim has been prosecuted to judgement & that the judgement which was for commutations & interest was paid in 1781".  If this had been the only decision on
Page 65

2

on in the case the arguement of the [illegible] in his letter of 14 inst No 2 would be conclusive for it is not literally true that his claim has been prosecuted to judgement which is assured in the above decision as the sole ground of rejecting it. It appears however that the Secy of the Treasury was informed by the Audr. of [illegible] on 19 Feby 33 that Capt Crumps claim had not been prosecuted to judgement & the Secy on 28 July '33 (no doubt with the knowledge of the circumstances under which commutation & interest had been paid to Capt Crump as detailed in the letter of the audr of Va. marked A.) made the following decision--"it appears that Abner Crump received a [illegible] the state of Va. either by judgement of some court or otherwise all that he was entitled to under the decisions of the Courts, and the same as if he had obtained a judgement".  This decision narrows down the point on which this case turns--It is not rejected on the ground that
Page 66

3
it had been "prosecuted to Judgement"
which is not sustained by the fact nor
upon the ground that it had been
"paid by Va" which would have been inconsistent with the allowance of halfpay with the deduction of the commutation "paid by Va", in the cases refered of Woodson Campbell & Rucker. But the decision is that having received all he was entitled to, the same as if he had obtained a judgement, this Dept did not feel authorized under the circumstances to make any further payment in the case - This is the interpretation of the words "prosecuted to judgment" to embrace such cases as were adjusted by the officers of Va in
consequence of a judgement rendered
in a paralel case constitutes the
sole ground upon which this claim
should be decided. It is not my province to sit in judgement upon the interpretation
of the Head of a Dept and will
only add that the act of 5 July 32
is remedial and is therefore entitled
Page 67

to a liberal construction in view of
the object contemplated by it which was
the adjustment of the half pay
claims lately decided by the court of Va
to the absolute & vested right of certain officers of designated corps of state troops.
The payment of commutation
by special acts of Va is no bar to
the half pay for life deducting the
commutation recd. It is those
cases only in which the commutation was obtained by judgement
or was paid in consequence of
a judgment having been rendered in a paralel
case which I have the honor resisted
to be
Hon. W. L. Marcy
Secy [Secretary] of War
Page 68

1
September 24, 1846
Geo. W. Crump
Presents half pay
claim of Abner Crumps
administrators
C. 306
25 September 1846
Pension Bureau,
Cond [Conditions?]
It appears from the Com. report that this case
has been twice under the consideration of the Secy [Secretary] of the Treasury (he having
then jurisdiction of (over the case), & that he
make decision on the majority I do not
feel at liberty to open the case with a view to 
reverse his decision.
W. L. Marcy
3 Oct. 46.
Page 69

Pension Office
September 24th. 1846

Sir,
I have the honor to state, that in 1833 the administrator of Abner Crump, deceased, applied for the difference between the five years full pay in Commutation of half pay for life, which was paid him by the state of Virginia and the half pay which is allowed by the act of 5 July 1327 to a Captain of the Virginia State Troops.  When this claim was presented it was rejected upon the ground, that it was excluded by the Act as having been "prosecuted to judgement and paid by Virginia".  But it is respectfully submitted that the act provides for a fulfilment of the obligation to the officer of the designated Corps, contracted by the state of Viginia in her promise of half pay for life agreeably
Page 70

agreeably to the decision of the court of Appeals of that state.  The act appropriates a gross sum of money to satisfy Judgements which had been obtained by officers of the designated Corp and paid by Virginia; and another sum to that state to meet unsatisfied judgements against her.  These provisions apply to judgements obtained in the Court of Appeals for half pay during the preceding year; and hence the provision for adjusting the claim of the remaining officers of those Corps agreeably to the principles of the decisions pronounced by the Court of Appeals (the year before) excludes those half pay claims which had been prosecuted to Judgement and paid by the state of Virginia.  Shall this exclusion, by the generality of the language, apply to the claims of such of those officers who had sued Virginia for "commutation" in olden time, notwithstanding the express authority
Page 71

authority and injunction in the same paragraph to adjust the half pay "of these several Corps" "on the principles of the half pay cases already decided by the Court of Appeals."  In the cases of Frederick Woodson (who was for a large portion of the war a Lieutenant in Captain Crump's Company) and William Campbell & whose heirs received "commutation" by special acts of Virginia in 1826, the half pay for life which the Court of Appeals in 1831 had decided to be a vested right in the State Troop officers was paid to their heirs under this act, deducting the Commutation they had received from Virginia under those special acts.    Virginia had at all times resisted these claims of the officers of the State Troops to be placed on the same footing of the Continental regiments in relation to the promise contained in the Act of May 1779. at different periods certain officers were able to show actual serivce to
Page 72

to the end of the war, and sued the
state for the commutation which
under the same promises had been
received by the Virginia Continental
officer. In 1830 a decision was
made by the Court of Appeals, not
in favor of their right to the commutation 
which the Continental officers 
had voluntarily accepted in lieu of
their half pay promised by the
State of Virginia, but that those officers had an absolute vested right to the half pay for life which that state was bound to satisfy. If Capt
Crump's vested right to half pay for
life be adjusted "on the principle" of
that decision it would amount to
more than the commutation he prosecuted
to judgement in 1791. Should
he, whose claim to the promises of the
act of May 1779 for service to the end
of
Page 73

of the war was so strong, as to be
enforced before the Court of Virginia
for a sum which was the commutation
of his full rights, be debarred the benefits of an act passed expressly to fulfil
the obligation contracted by Virginia in
that act of May 1779 as approved by
the Court of appeals, while his brother
officers (as in the case of Frederick Wood
son, William Campbell and perhaps others)
who unable to sustain their claim to
those promises before a court, & received
Commutation by favor of special acts
are allowed the half pay upon accounting for the commutation. Can there
be a difference of rights under that due
between those officers who have at any time
received a part only of what the court of
Appeals has deemed to be their vested right
and those who have never received anything
in the execution of an act passed expressly
to
Page 74


to carry out that decree. By referring
to the paragraph in which the supposed
exclusion is contained you will perceive
that the language employed could refer
only to the remaining half pay (not commutation) claims for which Virginia
was bound by the decree of the Court
by appeals which had not been prosecuted to Judgement and paid. Can it
be said that Captain Crump's half
pay to which he was entitled under the
decree has been prosecuted to judgement
and paid? The exclusion applies to these
claims only which the decree had affirmed
and which had been prosecuted and paid
by Virginia
The facts of this case are upon the records
of the pension office, and as I am the sole beneficiary of the claim, it is for obvious reasons at submitted to you.
I have the honor to be
sir, very respectfully yr [your] ob[ obedient] scent [servant]
G. Wm. Crump

Hon. W. L. Marcy
Secretary of War
Page 75

Washington
July 29.47
Sir
Your letter of 26 [illegible] enclosing a copy of your report to the Secty [Secretary]
of war upon my letter in the case
of the late Capt Abner Crump under
act of 5 July 32 & the Sec.y [Secretary]  in [illegible] thereon does not afford the precise
information as to the ground of rejecting it which it has been & yet is my object to obtain
When it was before the Treasury Dept
it was rejected upon the ground that
it had been "prosecuted to judgment" &
when it was shown that no suit had ever 
been instituted, it was rejected
in these words. "It appears that Abner Crump recd [received] from Va. either by judgement
of some Court or otherwise all that he was entitled to under the decisions of the County & the same as if he had obtained judgement
As it is now conceded that the words
"prosecuted to judgment" refer exclusive
Page 76

ly to the outstanding judments for
half pay for which Va was indemnified
in the 2nd Section, the ground
of rejection (That it had been paid
"the same as if judment had been
obtained) is of course swept away
by that concession-- what then is
the present ground of objection-
I am unable to discover from your
communication what "principle "
in Gibb's case (which by your report
is so prominently distinguished from
this) is applicable to this & against
the legality of the claim." I must
therefore repeat to you my late request to the Secy [Secretary]  to be definitely informed in what is there in the decision of the Court of Appeals in the report of the Auditor of Va estimating the difference between "commutation paid" & "halfpay" due under that decision, as an item of that States liability for which the assumption of the U.S. Government was about to be invoked the memorial
Page 77

of asking for indemnity & exoneration
from all liabilities incurred by that
decision in the detailed report of the Committee of Congress in favor of all the objects of the memorial, or in the provisions of the act passed with the avowed purpose to fulfil the objects of that memorial which will
accord to Capt Cramps supernumerary Lieu [Lieutenant] "half pay for life" deducting commutation voluntarily
paid by Va  & accepted with a release
of all claim for halfpay & reject the claim for halfpay of Capt. Crump (who served to the end of the war), upon the ground that Va had paid him commutation "the same if he had
obtained judgment". 
I wish particularly to be informed
of the decision by which Capt Crumps supernumerary Lt [Lieutenant]  was allowed halfpay, deducting the commutation recd, appears to have been advisedly & deliberately made &
Page 78

whether that decision has been and is now an established rule of adjustment under the
act
I would also invite your attention to the
five propositions contained in the
enclosed statement of Dr Crump 
& request your opinion upon each
If the principle of the 3rd proposition
is an established rule of adjudication
I would respectfully enquire if I am to understand that this uniform decision of the Treasury & War Dept for 15 years, is to be set aside & reversed by a verbal intimation of the Atto [Attorney] Genl [General] that the "principle" which he applied to Gibbs' case (differing in your estimation in several
important features from this) "was applicable to this & against the legality of the claim"?
you will greatly oblige me by an early
reply
I have the honor
Jas S. Edwards Esq
Com of Pensions
Page 79


15 years, is[missing words]
by a verbal intimation of the Atto [Attorney] Genl [General] that the "principle" which he applied to Gibbs case (differing in your estimation in several important features from this) "was applicable to this against the legality of the claim"?
You will greatly oblige me by an early reply
I have the honor
Jas. L. Edwards
Although I married into a branch of the family
I would remark that neither I nor any member of that branch any interest in this claim-
Page 80

Comm [Commissioner] letter to Hon. G. W. Hopkins
Page 81

Pension Office
July 26th 1847
Sir,
Your letter to the Secretary of War upon the subject of Capt Abner Crump deceased, and act of July 5th 1832 was at the period of the receipt referred to this Office and as you are aware an answer was postponed until the Attorney General shall have decided
the case of the heirs of Churchill Gibbs deceased under the same act. As soon as his decision was received a report (of which a copy is enclosed) was made to the Secretary in order to obtain from the Attorney General in an authoritative form the opinion which I was informed by Mr Barbour be had given in the case of Capt Crump during the verbal
discussion of Gibbs' claim Upon that report
the Secretary of War made the following endorsement 
"I have conversed with the Attorney
General in regard to the case which was incidentally considered when he had Gibbs' case before him. The principle which he applied to that case he says is applicable to this and against the legality
Page 82

of the claim.

I have the honor to be
Very respectfully
Your Obt [Obedient] Servt [Servant]
J. L. Edwards

Hon. G. W. Hopkins
Present.
Page 83

Pension off [office]
June 19    47

I have the honor to return the letter of Hon. G. W. Hopkins upon the claim of the late Capt
Abner Crump as to a balance of half pay under act of 5 July '32 & to submit the following report which has been delayed by request of the Adm untill the opinion of the to Atto [Attorney]  Genl [General]  in Gibb's case should be recd [received] that opinion has been given & is adverse to the claim of Gibbs adm and altho [although] I am credibly but not authoritatively informed that in the verbal
discussion of Gibbs' claim, that of
Capt Crump was scanned, an opinion intimated yet from considerations of delicacy which you will readily appreciate, I could
wish that intimation in some more direct form
The case of Capt Crump is distinguished
from that of Gibbs
1st Gibbs was discriminated by the
Page 84

Board of Officers organized under and
act of the Genl Assembly of Va  passed
in Nov. 1781- and returned on the
list of officers "unfit to be considered
as entitled to halfpay"  Crump was
returned by that board as "entitled to
half pay"
2. Gibbs probably in consequence of
that discrimination brought suit
against Va and recd [received] in 1792 under
a judgement five years full pay
with interest- Crump recd [received] in
1791 of that state five years full
pay with entered without having
sued the state-
3
Gibbs is found upon the list of officers
which were excluded by the original
regulations adopted in 1832 for executing
the act- Crump is borne upon the
list designated in those regulations for
adjustment 
At the request of the admr [administrator] of Crump, I will further state that upon a labored argument, deliberate consideration the Secy [Secretary] of the Treasury in 1832 decided that the receipt of 5 years full pay by a voluntary payment
Page 85

under special acts was no bar to the
adjustment of the "half pay for life" deducting
the amt [amount] so recd [received] and to that decision the subsequent adjudications of the Treasury and of this Dept have conformed- That decision & subsequent
course of adjudication under it for fifteen years is  the more imposing in its relation to this
case because under it the half
pay of Capt Crump's supernumerary
Lieut (Frederick Woodson) was adjusted
previously by the Secy [Secretary] of the Treasury
with the dedication of the commutation recd [received].
I have the honor
Hon W. L. Marcy
Secy [Secretary] of War
Page 86

Washington January 1847
Hon J W Hopkins
The claim of Capt Abner Crump
under the act providing for the
liquidation of the claims of Virginia

H 28
2 February 1847

Pension Bureau
Referred to Pen. [Pension] Court
have I not passed on this case or other
declined to open it?

W. L. Marcy
10th Jany 47.
Page 87

Abner Crump
#29 (admitted) Act 5th
July, 1832

Pension Office,

I have conversed with the Atty [Attorney] Genl [General] in regard to this case which was incidentally considered when he had Gibbs case before him
The principle which he applied to that case he says is applicable to this and against the legality of the claim.
W. L. Marcy
June 47
Page 88

Pension Office
June 19. 1847
Sir
I have the honor to return the
letter of Hon. G.W. Hopkins upon the
claim of the late Capt Abner Crump to
a balance of half pay under act of July
1832, and to submit the following report which has been delayed by request of the Administrator until the opinion of the Attorney General in Gibbs case should be received. That opinion has been given and is adverse to the claim of Gibbs Administrator; and although I am credibly, has not authoritatively informed, that in the verbal discussion of Gibbs claim, that of Capt Crump was scanned, and an opinion intimated yet from considerations of delicacy, which you will readily appreciate, I could wish that intimation in some more direct form.
The case of Capt. Crump is distinquished
from that of Gibbs.
1  Gibbs was discriminated by the Board of Officers
Page 89

organized under an act of the General Assembly of Virginia passed in November 1781, and returned in the list of Officers, "unfit to be considered as entitled to half-pay" Crump was returned by that board as "entitled to half-pay," 
2   Gibbs (probably in consequence of that discrimination), brought suit against Virginia and received in 1792, under a Judgment, five years full pay with interest. Capt. Crump received in 1791 of that state, five years full pay with interest without having sued the State.
3  Gibbs is found upon the list of Officers which were excluded by the original regulations adopted in 1832 for executing the Act. Crump is borne upon the list designated in these regulations for adjustment.
At the request of the Administrator of
Crump I will further state, that upon a labored
argument and deliberate consideration, the Secretary of the Treasury in 1832, decided, that the receipt of 5 years full pay by a voluntary payment under special acts, was no bar to the adjustment of the "half-pay for life", deducting the amount so received; and to that decision the subsequent adjudications
Page 90

cations of the Treasury and of this Department
have conformed. That decision and subsequent course of adjudication under it for fifteen years, is the more imposing in its relation to this case because under it the half-pay of Capt Crump's Supernumerary Lieutenant, Frederick Woodson, was adjusted by the Secretary of the Treasury with the deduction of the Commutation previously received.

I have the honor to be
very respectfully
Your obt [obedient] Servt [servant]
J. L. Edwards

Hon W. L. Marcy
Secretary of War
Page 91

Washington,
January 1847

Sir,

I beg leave to call your particular attention to a construction, which it is represented has been given to the Act of 5th July 1832, entitled, "An Act to provide for liquidating and paying certain claims of the State of Virginia" in
the case of Captain Abner Crump. That
Act provides, 1st an appropriation to
refund to Virginia, all sums she had
paid, whether under judgements or otherwise, to the officers of the State troops
and Navy, for the half pay promised
by her act of 1779.
2d [second] an appropriation to indemnify her against the claims prosecuted to judgment, but are paid. And 3d [third] to exonerate her from all further liability for the "half pay"
claims which had not been paid or prosecuted to judgment (i. e. those provided for in
Page 92

in the foregoing appropriations) and for
which" she was bound on the principles of half
pay cases, already decided by the Court
of Appeals". It appears that the claim
of Abner Crump has been resisted in the
administration execution of the said act, although it is not questioned, that his service
in the state troops, entitled him to half pay
for life, under that decision of the Court
of Appeals, and the five years full pay, he
has received is less than that "half pay
for life" from which the act was passed
expressly to exonerate Virginia. To House
Document 191, 1st session, 22 Congress you are referred for the whole proceedings, which resulted in the passage of this Act, and it is
respectfully maintained (from the memorial
of W. Gilmer, (particularly its specific prayer)
and from the report of the Committee, responding to that prayer), that the 3d section of the Act, framed, with the manifest and avowed object of complying with that prayer, does, in explicit terms, authorize and require the adjustment
Page 93

in the foregoing appropriations) and for
which "she was bound on the principles of half
pay cases, already decided by the Court
of Appeals". It appears that the claim
of Abner Crump has been resisted in the
administration execution of the said act, although it is not questioned, that his service
in the state troops, entitled him to half pay
for life, under that decision of the Court
of Appeals, and the five years full pay, he
has received is less than that "half pay
for life" from which the act was passed
expressly to exonerate Virginia. To House
Document 191, 1st session, 22 Congress you are referred for the whole proceedings, which resulted in the passage of this Act, and it is
respectfully maintained (from the memorial
of W. Gilmer, (particularly its specific prayer
and from the report of the Committee, responding to that prayer), that the 3d [third] section of the Act, framed, with the manifest and avowed object of complying with that prayer, does, in explicit terms, authorize and require the adjustment
Page 94

adjustment and liquidation by this Government
of all claims "for half pay for life", for which
Virginia is bound- "upon the principles of the half pay  case" already decided by the Court of Appeal" of that have not been discharged. In other words, that Virginia in exonerated from all liabilities for claims founded upon the Act of 1779 ("promising half pay for life &c) which are embraced by the decision of the Court of appeal, referred to in the 3d Section. The case of Captain Crump was partially liquidated by Virginia by paying him in 1791 five years full pay, and so also at subsequent period similar payments were made in the case of Frederick Woodson, William Campbell, and Angus Rucker, whose heirs have received, under this act, the difference between the five years full pay, which had then this paid them by Virginia, and the "half pay for life" to which they were entitled "upon the principles of the half pay cases decided by the Court of Appeals."
It is respectfully submitted that there is nothing in the whole proceedings upon this subject or in the
Page 95

the phraseology of the 3d section of the Act
which would give to Frederick Woodson, the
half pay for life, as a Lieutenant (deducting
the five years full pay received from Virginia,)
and deny the same rule of adjustment to the
late Abner Crump, who was his Captain
If any construction be given to that Act, which
falls short of a full exoneration of Virginia from
all liability for the half pay claims recognized
by the decision of the Court of Appeals, referred to in the 3d Section of the Act, I would respectfully enquire into the grounds of such interpretation and solicit an opportunity to be heard on the subject.
Your attention is particularly invited to the
1st paragraph of the Committee report; and to the last paragraph of W Gilmers memorial to the House and his memo for the use of the Committee in pages 17 and 65.
You will confer a particular favor by an
early disposition of this matter.
I have the honor to be
Very respectfully
your obt [obedient] sevt [servant]
J. W. Hopkins


Hon. W. L. Marcy
Secretary of War
Page 96

G. W. [illegible]

to
Judge Mason
Page 97


Washington, Nov. 12, 1846.
Dear Sir
I made you acquainted with
a claim of Capt. Abner Crump, under
Act of 5th July, 1832, which had been rejected
at the Treasury Department in 1833
upon a hasty and mistaken view of
the facts, and, (as I maintain,) erroneously rejected, if the facts had been as they
were assumed to be; and that the Secretary
of War had declined examining the papers
upon the ground that the claim had been
rejected upon its merits by the
Secretary of the Treasury. The case is so
clear to any one, who will examine
Gov. Gilmer's memorial - particularly
its prayer-- the report of the Committee
upon that memorial-- your speech upon
both-- and the Act of 5th July, 1832, passed
in conformity with the memorial and
report, that I cannot in justice to myself abandon it; and my object in ad-
Page 98

dressing you, is to invoke your good offices to obtain, in some acceptable form a hearing upon its merits either by the Secretary of War (which I would prefer)  or, (as it is a question of interpretation) by the Attorney General.
I rely upon the following postulates
and facts:
1. Between 1826 and 1832 the Court of Appeal of Virginia decided that the officers in certain State Regiments who did not
resign, were entitled, of absolute and vested right, to half pay for life according to the Resolution of May, 1779.
2. The State memorialized Congress to refund what she had paid in fulfilment of the obligation, contracted by that Resolution of May, 1779, and, to provide for the settlement of all claims for which she was bound by the principles of the late decree of the Court of Appeals.
3. The Committee reported in favor of the particular prayer of the memorial and
Page 99

accordingly framed the Act of 5th July,
1832, which refunded the sums claimed
in the memorial, and directed the Secretary
of the Treasury to "settle and adjust"
"those claims for half pay which have
not been paid or prosecuted to judgment
against Virginia, and for which said
State would be bound upon the principles of the half pay cases already decided
by the Supreme Court of Appeals."
4. The foregoing section of the Act pro
vides in totidem verbis, for the settlement of
all unsatisfied half-pay claims for
which Virginia would be bound by the
principles of that decision of the Court
of Appeals which gave rise to the memorial to Congress and the enactment of
the Act.
5. Abner Crump was a captain in
1st Va State Regiment, from 1776 to April
1783, and was consequently entitled to
the benefit of the half-pay promised by
the Resolve of May, 1779, and for which
Page 100

Virginia is bound "on the principles
of the half pay cases already decided
by the Court of Appeals"
6 Capt. Crump was paid five years
full pay in 1791 by the Treasury offices
of Virginia without any judgment
having been obtained in his own case
although a judgment had been obtained
in a parallel case.
7. The claim was rejected at first
upon the ground that he had received, under a judgment, (not the half-pay to which
he was entitled "on the principles of the
half pay cases already decided by the Court
of Appeals," but) five years full pay,
which is some $900 less than the half-pay
for life.
8. There is no act of Virginia or of
Congress which merged the half-pay for life
into a commutation of 5 years full pay
to the officers of the designated regiments and there was no judgment in his case.
Page 101

9. The half-pay claims of those who received five years full pay under special acts of Va have been adjusted under this Act, deducting what they had received.
10. There is no conceivable difference
between this case, which was rejected at
the Treasury Department, first, because
it had been prosecuted to judgment for
commutation, and when that mistake
was corrected, because commutation had been paid, "the same as if it had been
prosecuted to judgment," and those half-
pay cases which have been, by the decision
of the Treasury Department, adjusted by
deducting the commutation.
11. If the 5 years full pay received by
Capt. Crump (whether under judgment
or otherwise) bars his claim to half-pay
for life under an Act directing the Secretary of the Treasury to settle "those
claims for half-pay which have not
been paid or prosecuted to judgment
and for which the State of Virginia
Page 102

would be bound on the principles of
the half-pay cases already decided by
the Supreme Court of Appeals, "the
grounds, upon which such decision is
made are respectfully requested
Your most Obt [Obedient] Servt [Servant]

Hon. John Y. Mason
Present
Page 103

Copy
Abner Crump

halfpay allowed
May 26 '49
Page 104

Pension Office
May 26 1849

If certify that I have examined the half pay claim of the Administrator of the late Abner Crump, who was a Captain in Gibson's Virginia State regiment, and I find that he served until the reduction of that regiment, at the termination of the revolutionary War.  The case is therefore embraced by the provisions of the Act of the 5th July 1832.  It is my opinion that the claim should be allowed at the rate of two hundred and forty dollars per annum, from the twenty second of April, Seventeen hundred and eighty three, when the war ended, to the sixteenth of December Eighteen hundred and one, between which date and the 20th January 1802, he died; and that the Commutation paid by the State of Virginia amounting to One thousand and fifty two pounds three shillings Virginia currency should be deducted. The money is payable to William Crump, administrator of said Abner Crump, deceased.  The Administrator requests that a draft for the Amount, may be sent to his Agent, William P. Strother, Cashier of the Exchange Bank of Virginia, at Richmond, Virginia.

Approved.

Commissioner of Pensions.

Secretary of the Interior.
Page 105

cert: Act July 5, 1832,
Abner Crump dec
May 26 '49




Recorded Vol.
43, page 204
Page 106

Pension Office
May 26th 1849

I certify that I have examined the half-pay claim of the administrator of the late Abner Crump, who was a Captain in Gibson's Virginia State regiment, and I find that he served until the reduction of that regiment at the termination of the revolutionarty war.  The case is therefore embraced by the provisions of the Act of the 5th July 1832.  It is my opinion that the claim should be allowed at the rate of two hundred and forty dollars per annum from the twenty second of April seventeen hundred and eighty three, when the war ended, to the sixteeth of December eighteen hundred and one, between which Date and the 20. January 1802 he died; and that the commutation paid by the State of Virginia, amounting to one thousand and fifty-two pounds three shillings, should be deducted.  The money is payable to William Crump, administrator of said Abner Crump, deceased.  The administrator requests that a draft for the amount may be sent to his agent William P. Strother, Cashier of the Exchange Bank of Virginia at Richmond, Virginia.

Approved

Commissioner of Pensions

Secretary of the Interior
Page 107

Washington
June 25. 1846

Dear Sir
Enclosed herewith you will receive the petition & other papers connected with the application of your sons for a special act refunding to them the commutation which their Grandfather surrendered in order to obtain an Invalid pension; and to express my regret that it has been unsuccessful.  One good effect of this movement however has been, to collect the record evidence of every essential fact and a correspondence illustrative of every legislative principle relied upon to sustain it.  I was rather inclined to the opinion that the Chairman of the Committee had come to a hasty conclusion upon the merits of the petition & I procurred an interview between him & your friend Dr. Crump but it failed, not that there was any contrarity of opinion
Page 108

respecting the facts & existing laws applicable to the case if Mr. Wilson were now alive but that his claims had been adjusted agreeably to the laws as they subsisted during his lifetime and that any appropriation now to his heirs was a pure bounty which from its character is personal should be limited to the beneficial object alone.  Having been thus deposed of by the Committee whose action in private bills is by the practice of the Senate conclusive I have withdrawn the papers that you may present them to the House next Session.  I am fully satisfied that a liberal examination of the facts in connection with the present legislation of Congress & more particularly, of the settlement of this very Halfpay claims of the Va. State troop officers by act of 5th July '32 under the decree of the Court of Appeals, must convince every one that nothing is asked in this case but the application of the principles which Invalid pensions are
Page 109

now unconditionally granted.

Regretting the failure of this application before the Committee of the Senate as at present organized, I wish you better success in the application to the House of Repves.

I have the honor to
be with respect yr.
mo. obt. st

Signed W. L. A.
Page 110

Abner Crump, decd [deceased]
Act 5 July 1832
See letter from Treasury Dept.

ditto - 19. June '47
Hon. G. W. Hopkins July 24. 1847
Page 111

M Rusk & Barbour letters 
answerd 8 Feby '48

Mr James L. Edwards
Comm [Commissioner] of Pensions
Washington
Page 112

No. 29
Rejected
See Letter No. 50
30 Oct. 1832

Mr Barbour stated that his communication [illegible] rejected [illegible lines]

states he has some evidence which will appear with the report  & is applies to this claim.

see letter 133.
Page 113

No. 13459
ACT OF FEBRUARY 14, 1871.
WAR OF 1812
3077
Capt. Abner Crump

Va. Line
Revolution
Discharged [blank]
3077
REJECTED [word crossed out]

H'f [Half] Pay  Act '32

Received [blank]

1936 July 14. hist. [history] to Mrs. John A. G. David
AWF
Page 114


BA-J / AWP
Greenwood, Va.
June 16th, 1936.

Veteran's Administration
Washington, D.C. 

In reference
to your reply of June 5th
number given above,
You request me to give
approximate dates of birth
and death, and also
place of residence - 
It would be unlikely
that I should find the
exact dates, or even the
approximate dates, but
records of Powhatan Co Va.
show that he owned a
plantation in that Co. to which
he probably returned after the war of the Revolution -

Over
Page 115

Also it is family history that "Col"
Abner Crump was a member of the order of
the Cincinnati, an order formed by officers of the Revolutionary War. For substantial information
I shall be under obligations for your kind attention to this matter. 

Very Truly Your's
Mrs. John A. G. Davis
Greenwood
Albemarle Co. Va