Revolutionary War Pension and Bounty Land Warrant Application File W. 10875, for John Pemberton, Delaware
Page 1

(3 - 1776)
SERVICE
Del.
Pemberton, John
Sarah
NUMBER
W. 10875

CONTENTS
Page 2

Let. to Pen. Agt July 27. 1838
Co. to same & Hon. G. Chamber
Sept 17. 1838. do. to P Agt [illegible]
Hon. G. Chambers, Nov. 22. 1838

Pennsylvania 2,218.

Sarah Pemberton
widow of John Pemberton, decd
[illegible] died on the 1st of August, 1809.
[illegible] Franklin Co in the State of Penn.
who was a private in the compy commanded
by Captain R. Kirkwood of the -- commanded
by -- in the Delaware
line for 2 years private.

Inscribed on the Roll of Pennsylvania
at the rate of 80 Dollars -- Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 27 day of July,
1838. and sent to Hon. Geo. Chambers, Chambersburg Pa.

Arrears to the 4th of March, 1838 = $560.00
Semi-annual allowance ending to Sept. "
40.00
--
600.00

Special
Revolutionary Claim,
Act July 7. 1838.

Recorded by S. A. Elliot Clerk,
Book A. Vol. 2 Page 145
Page 3

[illegible] 2

Pennsylvania
Franklin County ss

On this thirtieth day of December in the
year one thousand eight hundred & thirty six personally appeared Sarah Pemberton, a resident of Peters Township in said County and
State aged Eighty Six. Who being just duly sworn according to Law doth on her oath make the following declaration in order
to obtain the benefit of the provision made by the act of Congress passed July 4th 1836. That she is the Widow of John Pemberton deceased
who was a soldier of the Revolutionary army & served in the War of the Revolution
under Captain Robert Kirkwood of the State of Delaware from the spring of 1777. In said year, that he was wounded at the Battle of
Germantown & before the close of the war was obliged by his wounds
to leave the service
-
She further declares that she was married to the said John Pemberton on the 24th February
in the year one thousand seven hundred & Seventy Seven, that the said John Pemberton her husband died on the first
day of August in the year one thousand eight hundred & Nine and that
she has remained a widow ever since that period as will man fully
appear by reference
to the proof hereto annexed-

Sworn to & subscribed on the day & year above written. Before me
Mathew Patton Esq one of the associate Justices of the Court of Common Pleas
of the said County of Franklin and that Sarah Pemberton the Deponent
from bodily infirmity cannot attend Court.
Before me
Matthew Patton

[illegible]
Sarah Pemberton
[mark] mark
Page 4

State of Pennsylvania
Franklin County ss

I Joseph Minnick Prothonotary of the
said county of Franklin do certify that
Mathew Patton Esqr. before whom the foregoing
declaration was made is one of the associate
Judges of the Court of Common Pleas of the
said County of Franklin, & was at the time
of the said act, duly commissioned and qualified
as such, and that all his official acts are entitled to full faith and credit.

In testimony whereof I have hereunto
set my hand and affixed the seal of the said Court at Chambers
by the thirty first
day of December AD. 1836
Joseph Minnick Prothonotary
Page 5

HR 459

25th CONGRESS,
2d Session.
[Rep. No. 456. ]
Ho. OF REPS

SARAH PEMBERTON.
To accompany bill H. R. No. 459.]
JANUARY 25, 1838.


Mr. CHILDS, from the Committee on Revolutionary Pensions, made the
following
REPORT:

The Committee on Revolutionary Pensions, to which was referred the petition of Sarah Pemberton, report:

That this petition was submitted to the Committee on Revolutionary
Pensions at the last Congress, and a favorable report was then made. The
committee, on examination of the case, adopt the report then made, and
introduce a bill.

JANUARY 23, 1837.
The Committee on Revolutionary Pensions, to which was referred the resolution of the House, passed on the 16th of January, 1837, directing them to inquire into the propriety of allowing a pension to Sarah
Pemberton, widow of John Pemberton, deceased, ask leave to report:

The evidence submitted establishes the fact of the revolutionary services
of John Pemberton in the most clear and satisfactory manner. He
belonged to the Delaware regiment, in the company commanded by
Captain Kirkwood, from the month of March, 1777, until after the battle of
Camden, in 1780, having been engaged in all the bloody conflicts of
that gallant corps during the whole period. He was wounded at Germantown, and was one of the small remnant of the Delaware regiment
which was imbodied into the first company of the second battalion of
Colonel Otho Williams's command. Pemberton died in 1809. His
widow asks the allowance provided by the law of 1836; and has been
refused, at the War Department, on the ground that her marriage is not
sufficiently proved. The evidence offered to sustain her claim is appended
to this report, and, in the opinion of your committee, fully establishes the fact of marriage; 
it is such testimony that no court of justice would, they believe [illegible] circumstances of the case, all [illegible] expected, or ought, in reason, to be required.
The committee report a bill, to allow a pension to the said Sarah Pemberton
.
Thomas Allen, print.
-
Download

Prev
5
of 27
Page 6

HR 459
2
[Rep. No. 456.]
PENNSYLVANIA, 
Franklin county, ss:

On this thirtieth day of December, in the year one thousand eight
hundred and thirty-six, personally appeared Sarah Pemberton, a resident
of Peter's township, in said county and State, aged eighty-six, who,
being first duly sworn according to law, doth, on her oath, make the following
declaration, in order to obtain the benefit of the provision made
by the act of Congress passed July 4, 1836: That she is the widow of
John Pemberton, deceased, who was a soldier of the revolutionary army,
and served in the war of the Revolution under Captain Robert Kirkwood
, of the State of Delaware, from the spring of 1777, for several
years; that he was wounded at the battle of Germantown, and, before
the close of the war, was obliged, by his wounds, to leave the service.
She further declares that she was married to the said John Pemberton
on the twenty-fourth day of February, in the year one thousand seven
hundred and seventy-seven; that the said John Pemberton, her husband,
died on the first day of August, in the year one thousand eight hundred
and nine; and that she has remained a widow ever since that period, as
will more fully appear by reference to the proof hereto annexed.
her
SARAH PEMBERTON.
+ mark.
Sworn to and subscribed, on the day and year above written, before me, Matthew Patton, Esq., one of the associate justices of the court of common pleas of the said county of Franklin; and that Sarah Pemberton, the deponent, from bodily infirmity, cannot attend court.
Before me,
MATTHEW PATTON.

STATE OF PENNSYLVANIA,
Franklin county, ss:

I, Joseph Minnick, prothonotary of the said county of Franklin, do
certify that Matthew Patton, Esq., before whom the foregoing declaration
was made, is one of the associate judges of the court of common
pleas of the said county of Franklin; and was, at the time of the said act,
duly commissioned and qualified as such; and that all his official acts are
entitled to full faith and credit.
In testimony whereof, I have hereunto set my hand and affixed the seal
[L. S.] of the said court, at Chambersburg, the 31st day of December, A.D. 1836.
JOSEPH MINNICK,
Prothonotary.

FRANKLIN COUNTY, ss:
Personally appeared before me, the subscriber,  an associate judge for the said county of Franklin, Patrick McDowell, and having been duly sworn according to law, saith that he became acquainted with John Pemberton, and Sarah Pemberton, his wife, in April, eighteen hundred and five, when they first came on his place; and he heard them
repeat the circumstance of their marriage; that they were married in
Page 7

[Rep. No. 456.]
3

Wilmington, State of Delaware, in February, seventeen hundred and
seventy-seven, either before or shortly after his enlistment, by Mr. Montgomery, who was chaplain of the army at that time; and they
always lived as reputed man and wife until the day of his death, which
was in August, eighteen hundred and nine. They came into Pennsylvania
in the year seventeen hundred and eighty-eight, from the State of Delaware.

Said McDowell was personally acquainted with John Pemberton; that
he and his wife, Sarah Pemberton, lived two years and a half on his
farm; and he had frequent conversation with him respecting the revolutionary
war; and that he was a regular soldier in the revolutionary war.
He frequently showed me the wound he received at the battle of Germantown.

His wife, Sarah Pemberton, has remained a widow ever since the death of her husband, John Pemberton, which is better than twenty-
seven years. She has no record of her marriage at present.

Said McDowell recollects of her showing him a certificate of the marriage after the death of her husband. She has since lost it.

PATRICK McDOWELL.
Sworn and subscribed, this 30th day of December, 1836, before me,
MATTHEW PATTON,
Associate Judge.

STATE OF PENNSYLVANIA, 
Franklin county, ss:

I, Joseph Minnick, prothonotary of the said county of Franklin, do
certify that Matthew Patton, Esq., before whom the foregoing affidavit
was made, is an associate judge of the court of common pleas of the said
county of Franklin; and was, at the time of so doing, duly commissioned
and qualified, and acting as such; and that all his acts, as such, are valid,
and entitled to full faith and credit, both here and elsewhere.
In testimony whereof, I have hereunto set my hand, and affixed the
seal of the said court, at Chambersburg, the thirty-first day of
December, A. D. 1836.
JOSEPH MINNICK,
Prothonotary.

JANUARY 2, 1837.
I am intimately acquainted with Mr. Patrick McDowell, and also
Thomas McDowell, Esq., who have made depositions in relation to Mrs.
Sarah Pemberton and her husband, John Pemberton, and know them to
be gentlemen of high character for truth; and for integrity of character
they stand as high as any in the county of Franklin, in which they live.
GEORGE CHAMBERS,
Member of House of Representatives.

Franklin county, ss:

[illegible] personally appeared before me, the subscriber, an associate judge for
the said county of Franklin, Thomas McDowell, and, having been duly sworn according to law, saith that he was personally acquainted with the said John Pemberton, a soldier of the Revolution, and Sarah Pemberton,
Page 8

4
[Rep. No. 456.]

his wife, (to the best of his recollection,) about the year eighteen hundred
and five or six; that they were always reputed to be married, and lived together as man and wife until the day of his death, which, to the
best of his memory, was some time in the summer of eighteen hundred and nine; that the said Sarah Pemberton has continued a widow until the present time, old and infirm, and has nothing to support her, but is
living on the charity of others.

THOS. McDOWELL.
Sworn and subscribed, this 30th day of December, 1836, before me,
MATTHEW PATTON,
Associate Judge.

STATE OF PENNSYLVANIA,
Franklin county, ss:

I, Joseph Minnick, prothonotary of the said county of Franklin, do
certify that Matthew Patton, Esq., before whom the above affidavit was made, is an associate judge of the court of common pleas of the said county of Franklin; and was, at the time of so doing, duly commissioned and qualified; and that all his acts, as such, are valid and entitled to full faith and credit, both here and elsewhere.
In testimony whereof, I have hereunto set my hand and affixed the [L.S.] seal of the said court, at Chambersburg, the 31st day of December, A.D. 1836.
JOSEPH MINNICK,
Prothonotary.
Page 9

Washington House of Rep January 3 1832

Sir
My reflections since I saw you yesterday in relation to the application of Mrs Pemberton the widow of Revolutionary soldier for a Pension confering in the opinion that the evidence of marriage as instituted to be record as sufficient under the act of Congress.
The alleged marriage is said to have been https://catalog.archives.gov/images/misc/drag.pngmade in 1777 about sixty year one a period beyond the ordinary wait of https://catalog.archives.gov/images/misc/drag.pnghumahttps://catalog.archives.gov/images/misc/drag.pngn    testimony. The marriage was, when his militia commenced in the State of Delaware; & Pemberton & wife removed to the County of their marriage to Pennsylvania upwards of 30 years ago-
Pemberton died in 1809 in Penn when his wife has remained a widow ever since.
The Rule of Law as you well know confirms proof of marriage in fact to commence prosecutions or actions of C?? Con. which can
Page 10

for integrity & truth; who testifies to have heard John Pemberton & wife
state the fact of their marriage whilst he was in service as a Revolutionary soldier.
The acknowledgment was made upward of 27 years ago when neither had any
inducement to misrepresent, or any thing to gain by (anmiy duth)? act.
Mr. McDonell also testifies of I recollect, to having seen the original
certificate of the marriage by Mr Montgomery a Chaplain of the army
& that it is lost.-- This connected with the (illegible) of
marriage is very strong & peculiar evidence which I believe would
be incurred in a court of Justice.
It is the best proof that can be had or certified after such
a lapse of time.--
I (?) duly submit these views, not doubting but that you m (missing)
give to the application in behalf of Mrs Pemberton any consideration
that it is entitled.
Very respectfully yours &
George Chamber (signed)

J L Edwards E(sq)?
Page 11

War Department
Pension Office
January 9, 1837
Sir,
At your request I herewith return the papers of
Mrs Sarah Pemberton. It would seem to be a hard care to exclude a
poor widow from the benefits of the act which was intended especially for
the relief of that class of persons who have such a strong claim upon our
sympathies; but you well know that an adherence to rules of evidence when
once established is indispensable to a due execution of the laws. I have 
carefully examined the case of Forney V. Hallacher, (& Sergeant & Rawle,
/r159) and I am satisfied fully, as I was before reading the report,
that record evidence was not indispensable to establish the fact of marriage:
but the question in this case is, not whether the marriage was legal, but
whether it took place at a certain period; for the most clear and
conclusive proof seems to be necessary on this point in all similar
cases; it being a most important fact to establish, that the marriage
took place before the husband's service terminated. The Secretary of
War gave a second examination of the case at my request, and
is still of opinion that the proof is not sufficient.
I have the honor to be
Very respectfully
Your Obt. Servt.
J L. Edwards

Hon Geo. Chambers
House of Representations
Page 12

Office of Secretary of State
Dover 15 Dec. 1836.
Sir:
Agreeably to your request of the 8th Aust., I have
carefully inspected the pay Rolls of the Del.
Regiment of continental troops in the war of
the Revolution, on file in this office, with the view
of ascertaining the services of John Pemberton in
the said war. and I have the satisfaction of
being able to give you the following
favorable result of the examination.
I find on file monthly pay Rolls regularly
made and returned of the Company of Capt.
Robert Kirkwood in said Regiment, from the
month of March 1777 to the month of April
1780 inclusive--and the name of John Pemberton
appears of said Rolls as a private soldier
from their commencement until the month of
August 1778 - after which period it ceases
to appear. I likewise find the Muster Roll 
of the Delaware Regiment, which was made
out soon after the battle of Camden (August 1780) and
contains the names of all those who survived
that memorable and bloody action and
I am happy to state that John Pemberton
appears on the list. From this it would
appear that he was engaged in that glorious
conflict. It was then that the Delaware
troops having been reduced in the action
Page 13


from 800 to 196 men, were converted into
the Company the 2d Battalion of the Regiment
under command of Col. Williams
I would state additionally that from the
above mentioned rolls it appears that
said Pemberton was wounded in the
battle of Germantown on the 4th Oct. 1777.
Very respectfully
 (illegible)
Robert Frame
Secy of the State of Del.

Hon. Geo. Chambers
Page 14

To the Honorable Senate & House of Representation of the
United States now in Congress assembled--

The petition of Sarah Pemberton
Respectfully showeth
That your petitioner is the widow of John Pemberton,
who was a soldier in the Revolutionary army, who
served under the command of Captain Kirkwood of the State of 
Delaware on the spring of 1777 for several years, that your petitioner
was married to him in the year seventeen hundred & Seventy Seven
& land & cohabited with him as his wife until his death in
the year 1809 & that your petitioner had unmarried & under
ever since & is now in indigent circumstance & dependent on
public charity for her support. Though your petitioner conceives
she is entitled to a pension under the act of Congress, yet
as she cannot furnish evidence of her marriage to the satisfaction
of the War Department, she respectfully submits her claim & the
evidence to Congress, that such relief may be afforded to her as
She may be lastly entitled to.   
Test--                                         (signed) Sarah Pemberton herXmark

James Campbell
Patrick McDowell
Page 15


Chamberburg Sept 13 1838
D Sir
I received the certificate in favor of the Sarah Pemberton who
is entitled to a Pension the said act of 7th July 1838 and
a power of attorney duly executed was sent on the same to the
agency at Philadelphia--The Pension agent these says he has no
orders to pay it--Though there may be no appropriation on
to pay Pensions under the general act of July in (illegible) or under
cannot this special one be paid.--From the certificate I
received here the War Department, it would seem to be payable
immediately - It differs from the other paid which contains
endorsement that they are not hast until after December hereby,
but on Mrs Pembertons there is no such endorsement.-
I would not trouble you in this matter, but that the
woman is entirely dependent on public charity & on subsistence.

Very Respectfully
Yours &
W Chambers (signed)
Page 16


Chambersburg Tenn July 24, 1838
Dear Sir
 A Law was passed at the last Session of Congress giving
to Sarah Pemberton the widow of an old soldier a Pension, being
the same person for whom I had made as unsuccessful application
at your office and which you had referred to the Attorney General
Butler. - This aged woman is (illegible) near relatives & dependent
on the charity of the neighborhood for her daily bread.
one of her neighbors has applied to me this morning to take measures
to procure her pension. --not having before me the Law and not
knowing what form of executing a power of attorney may be required
in this case at your Department, I am induced to trouble you
with the inquiry.-- This I do from the knowledge I have of
for disposition to oblige and impart information.. In doing
which you will do a kindness to an aged widow and confer 
favor on.
very Respectfully
Yours &
George Chambers (signed)

J L Edwards Esq
Page 17


Chambersburg Nov 10 1838
Dear Sir
Allow me to trouble you again on behalf of Mrs Pemberton
the old woman entitled to a Pension under a shared act of the late
Congress. I have not been able yet to obtain anything for her
from the Pension agent at Philadelphia, though it has been demanded
three several times.-- On the first two occasions the objection was the
heant of an appropriation & since the receipt of your restricted order
to pay.  I have had it presented again within the last two days, I
was informed that payment was refused on account of informality in her
Deposition--She has resided when she now is for upwards of
30 years & so states in her Deposition but the agent requires it to be
stated when she lived before that.  This does appear to me to be
absurdity truly, when there is a special Lot & the object is only identity.
The old woman is now 80 years of age entirely blind and
almost deaf - helpless & dependent entirely on the charity of strangers
for sustenance & lives a considerable distance from this place--
I most despair of getting any thing for her without your further
donations.  Will you have examined the enclosed deposition made
by her & certificates & say whether they are sufficient and of defective
on what particular.--
Your attention will be ministering relief to the poor-- aged
blind & deaf.
Very Respectfully Yours &
George Chambers
Page 18

24th Congress
2 Session
Congress of the United States 
In the House of Representatives
Jany 16 1837
On motion of Mr. Chambers of Pa
Resolved, That it be referred to the
Committee on Revolutionary Pensions
to consider the propriety of allowing
a pension to Sarah Pemberton
widow of John Pemberton deceased,
a soldier of the Revolutionary war.
Attest
W.F. Franklin Clerk
Page 19

Sarah Pemberton
Page 20


Priv. 147
25th CONGRESS,
2nd SESSION.
H. R. 459 (crossed out)
An Act
For the relief of Sarah Pemberton.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That the
Secretary of War cause to be paid to Sarah Pemberton,
the widow of John Pemberton, a soldier of the Revolution
in the Delaware regiment, the sum of eighty dollars per annum
during the continuance of her widowhood; the first payment 
of which sum shall commence on the fourth day of
March, anno Domini one thousand eight hundred and thirty-
one.
Approved, July 7th, 1838
A true copy compared with the
Roll in this Office
Dept. of State
July 12th 1838.
(signed) A Nail Chief Clerk
Page 21


Franklin County SS
4 all
Personally appeared before me the subscriber an associate
Judge for the said County of Franklin Thomas McDowell
and having been duly sworn according to law, with 
that he was personally acquainted with the said
John Pemberton; a soldier of the revolution; and Sarah
Pemberton his wife (to the best of his recollection)
about the year Eighteen hundred and five or six,
that they were always reputed to be marryed and
lived together as man and wife until the day of his
death, which, to the best of his memory was sometime
in the summer of Eighteen hundred and nine. That the
said Sarah Pemberton has continued a widow
until the present time, old and infirm, and has
nothing to support her, but living on the charity of
others.  (signed) Tho's. McDowell

Sworn & subscribed this 30th
day of December 1836
Before me Mathew Patton afs. judge

State of Pennsylvania
Franklin County ss
I Joseph Minnick Prothonotary of the 
said County of Franklin do certify that
Mathew Patton Esq before whom the above
affidavit was made is an associate Judge
of the court of Common Pleas of the said county
of Franklin, and was at the time of so doing, duly 
commissioned & qualified, and that all his acts as such are valid &
entitled to full faith & credit both here & sworn.
In testimony whereof I have hereunto set my hand and affixed
the seal of the said court at Chambersburg the thirty first
day of December AD. 1836.
Joseph Minnick Prothy
Page 22

Sarah Pemberton
widow of Jn Pemberton Penn. case
3rd lei. act 4 July 1836
See letter to Hon. J. Chambers Jan. 3 1836--
also 9 Jan. '37 to same.
Page 23

Jany 16, 1837
Revolutionary Pensions

Jan. 23 1837
Bill No. 868
Dec. 11 1837
Ref to the Com a on Rev'y
Pensions
Jan. 25 1838
Bill------------No. 459
Mr. Chambers Pa

(illegible)
Page 24

(stamped)  REJECTED
8084
P.O. Sarah Pemberton
Service: widow of John
Enlisted: See widow admt 10.875
Page 25

Revy WIDOW, &c.
File No. 10875

Sarah Pemberton

Wid of
John Pemberton
Privt Rev War
---
Act: July 4th 1836.
Index: - Vol. M, Page 121
Arrangement of 1870.]
Page 26

Boggs
Franklin County SS
Personally appeared before me the subscriber an Associate Judge for the said
County of Franklin, Patrick McDowell, and having been duly sworn according
to law, saith that he became acquainted with John Pemberton, and Sarah
Pemberton, his wife from April Eighteen hundred and five, when the first came
on his place, and he heard them both repeat the circumstance of their marriage
that they were married in Wilmington. St. of Delaware, in February Seventeen
hundred and seventy seven, either before or shortly after his enlistment, by (?)
Montgomery, who was Chaplin for the Army at that time, and they always
lived as reputed man and wife until the day of his death, which was
in August Eighteen hundred and nine, they came into Pennsylvania in the
year seventeen hundred and eighty eight from the State of Delaware. M Dowell
was personally acquainted with John Pemberton, that he and his wife
Sarah Pemberton, lived two years and a half on his farm, and he
had frequent conversation with him respecting the Revolution War,
and that he was a regular Soldier in the Revolution War, he frequently
Showed me the wound he received at the Battle of Germantown, his wife
Sarah Pemberton, has remained a widow, ever since the death of her
husband, John Pemberton, which is better than twenty seven years--she
has no record of her marriage at present. S M Dowell recollects
of her showing him a certificate of the marriage after the death
of her husband, she has lost it.  (signed)  Patrick McDowell
Sworn and Subscribed
this 30th Day of December 1836
Matthew Patton Witness Judge

State of Pennsylvania
Franklin County SS.
I Joseph Minnick Prothonotary of
the said County of Franklin Do certify
that Mathew Patton Esq. before whom
the foregoing affidavit was made is an
associate Judge of the Court of Common
Pleas of the said County of Franklin, and was at the time
of so doing duly commissioned and qualified and acting as such
and that all his as such are valid & entitled to full faith.
Page 27

and credit, both her & elsewhere.
In testimony whereof I have hereunto set my hand
and affixed the Seal of the said Court at Chambersburg
the thirty first day of December AD. 1836
Joseph Minnick Prothonotary

I am intimately acquainted with Mr. Patrick McDonell and also
for same McDonell Esq. who have made depositions in relation to
Mrs. Sarah Pemberton & her husband John Pemberton-- and know
him to be gentlemen of high character for truth & for integrity
 and character, they stand as high as any in the County of Franklin
or where they are.--
G.C. Chambers
Mem of House of Rep
Dec.  2d 1837