Revolutionary War Pension and Bounty Land Warrant Application File W. 1990, for Benjamin Pelton, New York
Page 1

(3 - 1776) 
SERVICE 
New York 

Pelton, Benjamin
Isabella

NUMBER

W. 1990

B.L.Nt. 61054-160-55
and 
B.L.Wt 1651-300- Capt. 
Issued July 14, 1791 
Also recorded as above 
Under B. L. Wt. 2587 
No papers.

and  1812?
____________________________
CONTENTS
Page 2

6792 

New York 
____________________

Benjamin Patton of New York in the State of New York who was a Captain in the regiment commanded by Colonel Cortlandt of the New York line, for the term of 2 years 1776.
_________________________
 Inscribed on the Roll of New York at the rate of 20 Dollars per month, to commence o the 18 of July 1818 
_______________________
Certificate of Pension issued the 11th of Feby 181[8] and sent to Hon O.C. Comstock 
H. Repr 
______________________
Arrears to 4th of Sep 1818   12.80
Semi-anl, all'ce ending 4 Mar 1819   48.0
                                                           60.80
Vol 5. P.5. 
Resigned 18 Mar 75. 

{ Revolutionary claim, Act 18th March, 1818.} 

8.- 
3.74
1..06. March 19
————-
12.80

(Continued)
Page 3

Notification sent to Edmund G Pelton Esq 19 Sep 1820 -
Ithaca, New York

Sent to Arad Joy 
Dec 5th 1846  
to same Feb 4th 47 
Hon Wm L. Marcy 12 May 1853 
Sent to S. Love, 20 May 53
Page 4

446 
New York Al[bany]
______________________
Isabella Pelton, widow of Benjamin Pelton who served in the Revolutionary war , as a Captain N.Y. Line
_______________________
 Inscribed on the Roll at the rate of 480 Dollars 00 Cents per annum, to commence on 
the 5th day of February, 1853. 
_______________________
Certificate of Pension issued the 
20 day of May 1853 
and sent to 
Edmund G. Pelton 
Ithaca N. Y. 
__________________

Recorded on Roll of Pensioners under act 
July 29, 1848, Page 81 Vol. A

1818
Page 5

269.940
Act Mar 3/2.5.
Feby 28/57
_______________

Isabella Pelton
widow of 
Benjamin Pelton
Capt.
__________________

61.054
Issued April 4th/57

Rev War 

Ad: 60 [illeg] April 2d/57
[illeg]
Arrs. Feby 53 - 446
_________________

Vol P. page 69
_______________
Mr.  A T Holmes 
Albany N. Y. 

End
Page 6

No554 

Isabella Pelton 
widow of Benjamin
NY  
Act 3 Feb 1833 
Adm 2 yrs Captain 
$480 per annum 
Com’g  3 Feb 1853 
Albany 
Edward G. Pelton 
Ithica
NY
Page 7

State of New York }
City & County of New York }

Be it remembered that on this twelfth day of March in the year one thousand eight hundred and fifty three personally before the undersigned an officer duly authorized by law to administer oaths within and for the County and State aforesaid came John H. Robins a resident of said City who being by me according to law duly sworn says that he knew Lewis Hartman late of said City now deceased in his life time and knew his hand writing, that he has examined the signature and hand writing of the Subscribing witness to the Marriage Certificate hereto annexed and signed by Lewis Hartman as Witness and John Williams as Pastor of the 2nd Baptist Church in New York and from his knowledge of the hand writing of said Hartman this Deponent believes the name of Lewis Hartman as witness upon said Certificate to be written in his own hand writing and to be genuine signature of said Hartman who is deceased 
John H. Robins
Sworn & subscribed before 
Me the day in the year above written and I certify that ***who***is a***

State of New York}
City and County of New York,} ss. 
I, RICHARD B. CONNOLLY, CLERK of the City and Colt of New York, and also Clerk of the Supreme Court for the City and County Court of Record, DO HERE BY CERTIFY, That Jireh Bull before whom the annexed deposition was taken, was at the time of taking the same, a Commissioner of Deeds, for said City and County, duly appointed and sworn, and authorized to administer oaths to be used in any Court in said State, and for general purposes; and that his signature thereto is genuine, as I verily believe. 
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal, of the said Court and County the 12 day of March 1853 
Richd. B. Connolly Clerk
Page 8

State of New York }
City & County of New York }

Be it remembered that on this twelfth day of March in the year one thousand eight hundred and fifty three personally before the undersigned an officer duly authorized by law to administer oaths within and for the County and State aforesaid came John H. Robins a resident of said City who being by me according to law duly sworn says that he knew Lewis Hartman late of said City now deceased in his life time and knew his hand writing, that he has examined the signature and hand writing of the Subscribing witness to the Marriage Certificate hereto annexed and signed by Lewis Hartman as Witness and John Williams as Pastor of the 2nd Baptist Church in New York and from his knowledge of the hand writing of said Hartman this Deponent believes the name of Lewis Hartman as witness upon said Certificate to be written in his own hand writing and to be genuine signature of said Hartman who is deceased 
John H. Robins
Sworn & subscribed before 
me the day in the year above written and I certify that the said John Robins who subscribed this affidavit is a credible witness
Jireh Bull
Commissioner of Deeds
Page 9

State of New York
City & County of New York ⎬ 

On this 5th day of March in the year 1853 personally before me the undersigned an officer duly authorized by law to administer oaths within and for the County and State aforesaid came William R. Williams a resident of said City who being by me according to law duly sworn deposes and says that he is a minister of the Gospel in the Amity Street Baptist Church in said City and a son of John Williams late Pastor of the second Baptist Church in New York deceased. That his said father was in his life time for many years a Minister of the Gospel in said City, and was during the year 1800 Pastor of the 2nd Baptist Church in the City of New York, and in the Pastoral charge of said Church (then Olive St Church) he departed this life in the year 1825.

This deponent further says that he knows the hand writing of his said father John Williams deceased, and has examined the Marriage Certificate hereto annexed and that the same is subscribed by his said father in his own hand writing as he verily believes, the body of said Certificate being however written by some other person to this deponent unknown 

Deponent further says that he knows that there was a Lewis  Hartman late of said city who is as this deponent believes now deceased, and that said Hartman was a grocer of respectable character and residing in the neighbourhood of said deponents father: but that this deponent has no knowledge of the said Hartman's handwriting, or whether or not the signature subscribed as witness to said certificate be said Hartmans real writing, this deponent would suppose from inspection the same hand to have witness’ name and the body of the certificate.

Deponent further says that he has examined the Register of Marriages now in his custody kept by his late father John Williams deceased and he finds in Volume First on page 5th an entry in his hand writing in the words and figures following to wit:
“39.    Mr Benjamin Pelton to Mrs Isabella Limley Nov 30. 1800”

That the last name of the female is written indistinctly and might be intended for Timley of Simley; that the first number (39) refers to the number of the entry in its order on the list of Marriage entries, the next & preceding entry (38) being on Sept 25. 1800, & the other next following entry (40) being Dec. 24, 1800.
Page 10

This Deponent further says that the foregoing is a true copy of the original entry in said Register which deponent knows to be his said fathers, and of the whole of such original entry & the date is expressed in fair legible figures as 
****** This Deponent further says that the foregoing is a true copy of the original entry in said Register which deponent knows to be his said fathers, and of the whole of such original entry & the date is expressed in fair legible figures as 
Sworn. ******

State of New York, 
City and County of New York, I, RICHARD B. CONNOLLY, Tax of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, DO HERE BY CERTIFY, That Thomas Sommers before whom the annexed deposition was taken, was at the time of taking the same, a Commissioner of Deeds, for said City and County, duly appointed and sworn, and authorized to administer oaths to be used in any Court in said State, and for general purposes; and that his signature thereto genuine, as I verily believe. 
In Testimony Whereof I have hereunto set my hand and affixed the Seal of said Court and County the 5th day of March 1853
Richd Connolly.    Clerk -
Page 11

This Deponent further says that the foregoing is a true copy of the original entry in said Register which deponent knows to be his said fathers, and of the whole of such original entry & the date is expressed in fair legible figures as follows "Nov. 30. 1800” —— And further this deponent saith not 
William R. Williams 

Sworn before me on the day in the year above stated & I certify that the above named William R Williams is a credible Witness
Seven lines of interlocution in handwriting of deponent, being first made. . 

Thos. S Sommers 
Com of Deed
Page 12

City of New York 9th Decr 1800 - 

I certify that on the thirtieth day of November last past, I joined together in lawful marriage - Benjamin Pelton of Dutchess County and Isabella Simley of this City 
John Williams Pastor of 
the 2nd Baptist Church in 
New York ——-

In presence of —
Lewis Hartman
Page 13

Certificate 
of 
Marriage -
Page 14

State of New York
County of Tompkins SS 

On this fifteenth day of March in the year one thousand Eight hundred and fifty three personally came Samuel Love a resident of Ithaca before me the undersigned a Justice of the Peace duly authorised  by law to administer oaths within and for said County and State and being by me duly sworn according  to law says that he knew Benjamin Pelton late of Ithaca  aforesaid deceased. who was a pensioner of the United States and husband of Isabella Pelton who now as the widow of said Benjamin makes an application for a pension under the law of Congress passed February 3d 1853. Deponent further says that he Knew said Benjamin Pelton for many years and at the time of his decease this deponent lived next door neighbour to him said Benjamin and recollects the fact of the death of said Benjamin and this Deponent attended his funeral and knows that he died on or about the Eighth day of September in the year one thousand Eight hundred and thirty and his remains after his said decease were deposited in a Cemetary near the village of Ithaca where they now remain and lie as deponent verily believes 
Samul. Love

Sworn & Subscribed before me On the day in the year above stated and I further certify that the before named Samuel Love is a credible witness 
John W. Osborn J.P.
Page 15

State of New York
Tompkins County ⎬ Be it remembered that on this 18th day of February in the year one thousand Eight hundred and fifty the before me the undersigned Judge of the Tompkins County Court (said Court being a Court of Record & having seal and clerk,) in open Court, came Isabella Pelton a resident of Ulysses in said County aged Eighty four years 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 of the law of the United States passed on the 3d day of February 1853. She declares and says that she is the widow of Benjamin Pelton deceased late a Captain in the Continental line of the Army of the Revolution, who was pensioned under the laws of the United States passed March 18th 1818, and to the proof filed upon the application for such pension on which a pension certificate issued February 11th 1819 this claimant refers for proof herein as well as to the muster and pay Rolls other Records on file in the pension office from which proof as this claimant is advised it will appear that her said husband would if living be entitled full pay as Captain in the Continental line having served two years & upwards.  She further says that under the provisions of the act of 1818. her husband the said Benjamin Pelton received the sum of twenty dollars per month payable at the New York Pension Agency. She further declares that she was married to the said Benjamin Pelton on the thirtieth day of November in the year Eighteen hundred in the City of New York by one John Williams a Minister of the Gospel & that her name before her said Marriage was Isabella Simley & that she was married to him at the time above stated. She further swears that she was a widow of the time of the passage of the act of February 3d 1853 and is still a widow, and that she has never before made application for a pension. 
She further says that there is no County, Town parish or other public record of her Marriage aforesaid and that her said husband Benja
Page 16

min Pelton died upon the Eighth day of September in the year one thousand Eight hundred and thirty at Ithaca and for the last thirteen years immediately preceding his death the said Benjamin Pelton resided at Ithaca  aforesaid in the County of Tompkins and State of New York 
Isabella X Pelton
her mark

Subscribed and sworn  in open Court before me this 18th day of February 1853  by her mark -The declarant being unable to write her name by reason of blindness, having been afflicted for several years past with a disease in & upon her eyes commonly called the Cattarach 

D. Boardman 
Judge of Thompkins County
Page 17

State of New York 
County of Tompkins as 
I Ezra Weaver Clerk of said County and also Clerk of the County Court therein said Court being a Court of record do hereby certify that Douglas Boardman before whom the annexed Declaration was taken & whose genuine signature appears subscribed thereto was at the time of taking the same a Judge of the County Court of Tompkins County duly commissioned and sworn and authorised by law to administer oaths within & for said County 

And I do further certify that John W Osborn before whom the annexed Deposition was taken was at the time of taking the same a Justice of the Peace within and for said County of Tompkins duly commissioned and sworn and authorised by law to administer oaths within and for said county and that his genuine signature is subscribed thereto as I verily believe.  In witness whereof I have hereunto set my hand and affixed the official seal of said Court and County upon the 15th day of March AD 1853 
Ezra Weaver 
Clerk
Page 18

1792 [illeg] 1015
Benjamin Pelton

Copy

1792 

[illeg] E Pelton [illeg] be complied with It will be seen by that that the reason why the Court is a court of record and must be stated by the Court

Notification sent  to Edmund G Pelton, Ithaca New York. 19 Sept ‘20
Page 19



1792 [illeg] 1015

Benjamin Pelton  

Copy  

1792   

[illeg] E Pelton [illeg] be complied with It will be seen by that that the reason why the Court is a court of record and must be stated by the Court  

Notification sent to Edmund G Pelton, Ithaca New York. 19 Sept ‘20
Page 20

Schedule of all the property of Benjamin Pelton, a revolutionary pensioner under the act of Congress of 18th March 1818
                        Dol. Cents
1 Bureau & 11. Chairs — 31.. 00 
1 Bed & 2 Tables — 8. 00  
1. Watch &. Clock (no case) — 30..00 
2 pair AndIrons --- 5..00 
3. Sad Irons — 1.25 
3. Candle Sticks - 1..00 
1 Pair Snuffers & Dish—  1.. 00  
1. Iron pot — 1..00  
1. Large Kettle  — 3..00 
1 Small Do. — 00..75
1. Do. do cracked. — 00..25
1. Spider & 1. Brass kettle(old)small —  5..50
2. Iron Kettles 2. Water pails — 1..25
4. Tin milk pans — 00..50
2. Do.  Do.  Do.  pint. —  00..12 1/2
1. Old tea board — 1..00
1. Do. Sower 1. Decanter —00..50
3. Foot glasses —. 00..25
3.  Goblets —00..25
2. Black teapots —00.40
20. Cups 7 saucers (various) — 2..50
8. Knives & 8 forks —2..00
7. Table spoons 1. Cullander —2..75
4. Silver tea spoons 2 small — 5..00
$104..52 1/2

                          Dol — cents
Brought over  —104..52 1/2
1. Tin pudding pan —. 00.50
1. Do such oven. (Old and leaky). 00..50
1. Do coffee pot —.  00..12 1/2
1. Do. Skimmer — 00..6.
2. Do dippers 1. Brass skimmer — 00..60
1. Trammel & 3. Hooks — 00..75
12. Late plate earthen (various) — 1..00
2. Dishes 2 cream pots —. 1..25
2. Shugar dishes 4. Bowels (various)
2. Pitchers 1. Gallon Jug. —  00..75
2. Washing tubs, meat barrels. — 2..50
7. Old casks 5. Crocks —. 2..75
2. Meal or bread trays  —. 00..50
1. Butter tray & Ladle
1. Churn.. 1. Cheese press —. 1..00
1. Soap tub  1. Old chest. —  1..50
2. Old trunks. — 1..00
1. Foot Stove  1. bellows. —  00..75
1. Grid Iron 1. Small carpet (old)  2..20
1. Bible. 1. Concordance 2. Hymn books -4..00
1. Shovel  4/.  1 hoe 2/. 1. Axe.  4/ — 1..25
1. Garden rake  —  00..25
$ 128.76

 I have no real Estate no debts other than what I have long considered as Irrecoverably lost- Benjn..Pelton

(dollars) 

Benjn..Pelton

Sworn to and declared this 27th May 1820 before me in open Court 
Richard Smith 
first Judge Tompkins County 

I George P. Frost Deputy Clerk of the court of common pleas in and for the county of Tompkins do hereby certify, that the foregoing oath, and the schedule hereunto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court, that the total amount in value of the proper exhibited in the aforesaid schedule, is one hundred & twenty eight dollars and Seventy Six cents . In testimony whereof, I have hereunto set my hand and affixed the seal of the said court, on this Seventh day of July  1820

Geo. P. Frost 
Deputy Clerk
Page 21

STATE OF NEW-YORK, 
Tompkins COUNTY, SS. 
On this 27 day of May 1820 personally appeared in open court, being a court of Record for the said county, in said state Benjamin Pelton aged 68. years, resident in the town of Ulysses in the said county, who, being first duly sworn according to law, doth on his oath declare, that he served in the Revolutionary War, as follows: 

In 1775 18th of June Commissioned first time in the first Regiment of New York Troops commanded by Col Alex McDougall and went north with Genl Montgomery & to Quebeck. In the winter of 1776 was appointed a Lieut. in a Regt to be commanded by (I think) a Col Nicholson but was in May transferred to the 3d Regt of New York troops commanded by Col Rudolphus Ritzma and on the 21st  Novr. 1776 appointed a Captain in the 2d Regiment of the line of New York troops commanded by Col Philip Van Cortland on the continental establishment in which Regt I remained until March or April 1778 when I was deranged (?) & dismissed as [illeg] necessary - , and that my declaration of services was made out on the Eighteenth day of July 1818 on which I obtained a certificate for a pension number 6792 

And I do solemnly swear that I was a resident citizen of the United States, on the 18th day of March, 1818, and that I have not since that time by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled ""an act to provide for certain persons engaged in the land and naval services of the United States in the Revolutionary War,” passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due me, nor have I any other income than what is contained in the schedule hereunto annexed, and by me subscribed.
and would add that all my goods & chattles set forth in my inventory are like myself aged & almost worn out & I have been for a number of years in a State of Health & not able to gain a livelihood by labour and that I am now on the [illeg]  limits on an Execution of between four -five hundred dollars and the Sheriff has another execution against me of between thirteen & fourteen hundred dollars for the satisfaction of which I have no property real or personal whereon to by other than set forth in the schedule hereunto annexed & that I have a wife to support also of an advanced age - and there are several other Judgments and debts against thee to the amount of more than one thousand dollars.
Benj/n Pelton

Sworn to and declared this 27th day of May 1820 before me in open Court 
Richard Smith  
first Judge Tompkins County  

I George P. Frost   Deputy Clerk of the court of common pleas in and for the county of Tompkins hereby certify, that the foregoing oath, and the schedule thereunto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule, is one hundred & twenty eight dollars and Seventy Six cents . In testimony whereof, I have hereunto set my hand and affixed the seal of the said court, on this seventh day of July 1820.
Geo. P. Frost 
Deputy Clerk
Page 22

Benjamin Pelton
Pension Papers 

Benjamin Pelton the 
Declaration Taken July 18. 1818 
Rank Captain $20 per month 
New York Line. 

admitted 

Hon. O. C. Comstock 
H. R
Page 23

State of New York 
Clerk's office of 
Cortland County, to wit: 
I hereby certify that John Keep Esq. whose signature appears to the within afft. was at the date thereof first  Judge of the court of Com. Pleas for said County. his acts therefore in that capacity are to be regarded as such and also that I am well acquainted with the hand writing of the said John & verily believe his signature to the within afft. to be his own proper hand writing 

In witness whereof I have hereunto set my hand and caused the seal of the Court of Common Pleas for said county to be hereunto affixed this 13 August 1818 
Saml Hotchkiss . Dep. Clk
Page 24

I Benjamin Pelton was born in the City of New York on the sixth day of May 1752- was Commissioned a Lieut in the 1st Reg of New York 28th June 1775 - went with the regiment thro the Campaign of the North down to Quebeck - was in the division of the Army Commanded by Genl Montgomery in person at the attack of Quebeck- after he fell, was by Genl Arnold appointed an assistant to the D.L.M. Genl Donald Campbell - served as assistant thro the Winter of 75-6 - in April 1776 was appointed a Lieut in a new Reg. Commanded by Col Nicholson -  was on 15th April sent to N.Y. on recruiting service - when I arrived at New York in May was appointed Lieut & Adjutant in the 3rd Regt of New York commanded by Col. Rudolphus Ritzma-- was in many scirmishes in the course of that year, & in the Battle of the White plains and such was my conduct in that battle, that, on the 21 st Nov. 1776 when the Army was re-organized, I was promoted from my stand as youngest Capt over several others to 2nd Capt in the 2nd Regt of New York Commanded by Col Philip Cortland -was in various trials before the battles of 21st Sept & 7 Oct 1777 in both which I acted well my part -  was selected by Genl Gates to escort the British officer who bore Genl Burgoines dispatches to Genl How then in Philadelphia & from thence escorted him to his quarters at Cambridge near Boston  - was In the early part of 1778 at the then arrangement of the Army returned supranumerary-   And retired while In service, ever active and industrious in deciplining & drilling my own company and most part of the time the Regt often assisting our Major of Brigade & the different Adjutants, it then being my delight-- have since continued a warm friend of my country. And in 1812 When General Smyth sent out an Invitation to the Citizens to join him in the Attack of Canada headed a small party to within 20 miles of Buffalo from whence, Old as I was, over 60  went on a foot ahead of them and was in Camp & joined myself to Col. McClure who commanded the Irish Greens & Balimore Blues & with them was embarked ready for the enterprize when we were ordered to debark. & being dismissed with my party-- have not since been called on to raise my
Page 25

Sword-- I have the life possessed the confidence of fellow Citizens-- have passed thro many griping misfortunes, and am at last reduced to real indigence, and am necessitated to apply for a pension -  
Benj Pelton 

Scott 11th July  1818 - 
Declared and affirmed and Subscribed before me this 18th day of July 1818 
John Keep first Judge of the Court of Common Pleas in and for the County of Cortland 

I John Keep first Judge of the Court of Common Pleas in and for the County of Cortland do certify that it appears to my satisfaction that the said Benjamin Pelton did serve in the revolutionary war as stated in the preceeding declaration against the common enemy. And also that he is in reduced and indigent circumstances and stands in need of assistance from his country for support and I now transmit the proceedings. and Testimony taken and had before me to the Secretary for the department of war pursuant to the [direction?] of the aforementioned act of Congress.
Given under my hand this 18 day of July 1818
John Keep first Judge of the court of Common Pleas in and for the County of Cortland 

I the aforesaid Benjamin Pelton do declare that I am not apprised of any pension heretofore been granted or allowed to me by any law of the United States and that if there hath been the hitherto unknown to me - I hereby Relinquish the same 
Benjn Pelton
Page 26

I Daniel Pelton of the County of West Chester State of New York depose & say that the greater part of my brother Benjamin Pelton's life has been in my view & knowledge that I knew him to have entered the service of his Country in June 1775 and that from letters and otherwise I and our family were perfectly satisfied he was before Quebeck at the time of & subsequent to the attack upon that City-- that I belonged to the third Regt New York In May 1776 when my said Brother was attached to said Regt as Lieut & Adjutant- that In August 1776 he was promoted to Capt in said Regt —that I know he was appointed 2d Capt in the 2nd Regt of N.Y. on 21st Novr 1776 - that he was in said service until the early part of 1778 - was deranged that spring & came home.  I was with him In Camp at Valey Forge Pennsylvania When he was discharged. that I am too well and painfully knowing to his being in real indigent circumstances and necessitated to apply for the pension provided by the Government 
Daniel Pelton 

Hormer 18th July 18 
Sworn to subscribed to and declared before me this 18th day July 1818
Before me John Keep first Judge of the of Court of Common  Pleas in and for the  County of Cortland
Page 27

Application of 

Mrs. Isabella Pelton 
FOR BOUNTY LAND

Under act March 3, 1855. 


PRESENTED BY 
A. T. HOLMES, 
Albany, N. Y.
Page 28

No. 4. 

DECLARATION 
of a Widow who claims a Land Warrant under Act of March 3, 1855. 

State of New York
Schenectady County⎬ 

On this Twenty fifth day of Febuary A.D.
one thousand eight hundred and fifty [illeg] personally appeared before me, a Notary Public within and for the county and state aforesaid, Isabella Pelton aged 89 years, a resident of Glenville Schenectady in the State of New York, who being duly sworn according to law, declares that she is the widow of Benjamin Pelton deceased, who was a Captain in the company commanded by Captain Benjamin Pelton in the Regiment of _________ commanded by ____________in the 

[War with Great Britain declared by the United States, on the 8th day of June, 1812,] (crossed out)
Revolutionary War. I refer you to all of the Papers in regard to many terms of service & death.  In your office as I sent them on [illeg] to get my Pension 

and continued in actual service in said war, for the term of_____________ and was honorably discharged at _________on or near the _____day of _______, A. D. 18__ 

She further states that she was married to the said Benjamin Pelton in the City of New York on the _______ day of _____A. D. 1801, by one [illeg] Wm R William Baptist Clergyman and that her name before her said marriage was Isabella Simley that her said husband died at Ithaca  on the 17 day of September A. D. 1830, and that she is now a widow 

She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act approved March 3, 1855, and I hereby request the Commissioner of Pensions to forward my warrant to A. T. HOLMES, Albany, N. Y., and appoint him as my attorney to obtain the same for me 
Isabella Pelton X her mark

We John A Johnson and Eliza Ann Johnson residents of Glenville Schenectady  in the State of New York upon our oaths declare, that the foregoing declaration was signed and acknowledged by Isabella Pelton in our presence, and that we believe from the appearance and statements of the applicant that she is the identical person she represents herself to be. 
John A. Johnson 
Eliza A Johnson 

The foregoing declaration and affidavit were sworn to and subscribed before me, on the day and year above written, and I certify that I know the affiants to be credible persons, that the claimant is the person she represents herself to be, and that I have no interest in this claim. Amos T Holmes 

State of ______
____________County. 
I, Public Clerk of the said county, do hereby certify that ___________was, on the day of the date of the above certificate, a _______within and for the said duly appointed and qualified, and that the signature above, purporting to be his, is genuine. 

In Testimony Whereof, I have hereunto affixed my seal of office and subscribed my name this ________day of __________A. D. 1855.
Page 29

Rev. and 1812
Wars Section
AWF/eel
February 28, 1929

Mildred Pelton
116 W. Harrison
Royal Oak, Michigan

Madam:
I advise you from the papers in the Revolutionary War pension claim, w.1990, it appears that Benjamin Pelton was born born, May 6, 1752, in New York City. 
He was commissioned June 28, 1775, First Lieutenant in Colonel Alexander McDougal's First New York Regiment, was in the attack on Quebec, after which he was appointed assistant to Deputy Quartermaster General Donald Campbell, and in April 1776 was appointed Lieutenant in Colonel Nicholson's Regiment; in May was transferred to Colonel Rudolphus Ritzema's New York Regiment, was in several skirmishes and in the battle of White Plains, and November 21 1776 was commissioned Captain in Colonel Philip Van Cordlandt's Second New York Regiment, was in both battles of Stillwater and served until in March or April 1778.
He also stated that he volunteered in the War of 1812 and marched to near Buffalo under Colonel McClure and was
Page 30

dismissed after a short tour.

He was allowed pension on his application executed July 18, 1818, in Cortland County, New York.
In 1820, he was resident of Ulysses, Tompkins County, New York. 
He died, September 7 or 8, 1830, in Ithaca, New York.
The soldier married, November 30, 1800 in New York City, Mrs. Isabella Smiley, of New York City, he was then of Dutchess County, New York. 
She was allowed pension on her application executed February 18 1853, at which time she was living in Ulysses, New York, aged eighty-four years.
In 1855, she was living in Glenville, Schenectady County, New York. 
A son, Edmund G. Pelton, was living in Ithaca New York in 1853.

Respectfully, 
Winfield Scott
Commissioner
Page 31

Whereas I Isabella Pelton of the town of Ulysses in the County of Tompkins widow of Benjamin Pelton formerly a Captain in the Revolutionary war and a pensioner as such (now deceased) have made application through Samuel Love Esquire or Love & Rowe to obtain a pension as such widow under the acts of Congress -  And whereas I was persuaded and induced by said Love to sign a writing agreeing to pay him Twenty Dollars, and twenty or twenty five percent of all back pay for obtaining the Pension 
And whereof I did not then understand that such twenty of twenty five per cent would amount to one fifth or one quarter of all such back pay as I am now informed it does, and having lost all confidence in said Love, and being desirous that Edmund G Pelton of Ithaca aforesaid who has ben my protector & given me a good support for the last twenty two years be appointed 
Now Know all men by these presents that I do hereby constitute and appoint Edmund G Pelton of the Village of Ithaca the County of Tompkins & State of New York my true and lawful attorney for me and in my name to ask and receive from the Pension office my pension Certificate or whatever may be issued for me hereby giving to my said attorney full power to finish the said business hereby ratifying whatsoever my said attorney shall lawfully do in the premises -  I do hereby revoke all and any power heretofore given to the said Samuel Low or to any other person or person - In witness whereof I have hereunto set my hand & seal this 16th day of May 1853- 
Isabella Pelton X. her mark

In Presence of⎬ 
C.G. Heath
Page 32

State of New York 
Tompkins County ss on the 16th May 1853 before me personally came Issabella Pelton to me known to be the person described in and who executed the within Power and acknowledged that she executed the same for the uses and purposes therein mentioned 
C. G. Heath J.P.  



State of New-York 
County Clerk's Office, 
I, EZRA WEAVER,  Clerk  of the said county, and [illeg] Clerk of the Courts in and for said county do hereby certify that Chauncey G. Heath Esquire, before whom the preceding instrument was proven and acknowledged, was at the time of taking such proof or acknowledgment, a justice of the Peace in and for said county, duly elected, sworn, and authorized to act as such, and to take the same:    And further, that I am well acquainted with the hand-writing of such Justice, and verily believe that the signature to the preceding acknowledgment is genuine, and that the same is executed and acknowledged in conformity with the laws of said State 

In Testimony Whereof, I have hereunto subscribed my name, and affixed the seal of the said county and Court, at Ithaca this Sixteenth day of May 1853

Ezra Weaver Clerk
Page 33

This document has been transcribed as document 34.
Page 34

Declaration 
State of New York 
County of Tompkins}ss 
On this 14th day of November 1846 personally appeared before the Subscriber a Judge of the courts Issabella Pelton (to me known) aged ____years, 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 May 15th 1828 eighteen hundred & twenty eight, that she is the widow of Captain Benjamin Pelton who was a resident of said county, & who was a pensioner of the United States, as this deponent believes under the law of 1818, that this deponent makes this her application under the law of May 15th 1828 for the incease of pension that may be due under that law, that her said husband the said Capt Benjamin died in said County on the 7th day of September 1830 eighteen hundred and thirty, that this deponent is still his widow 
Isabella Pelton her X mark

Subscribed & Sworn before me this 4th day of November 1846  
Arthur S. Johnson, Judge of Tompkins County Courts & Councellor  of the Sup. Court 

I certify that the above named Isabella Pelton is a respectable person, that I am personally acquainted with her & I believe her to be the identical person represented in the above 
Arthur S. Johnson Judge
Tompkins County Courts
Councillor [illeg]

The word “October” erased & “September” interlined before execution

Arthur S Johnson Judge 
Counsellor
Page 35

State of New York
County of Tompkins}ss 
David Quigg of said county being duly sworn deposes & says that he is personally acquainted with with Isabella Pelton who is applying for a pension as the widow of Capt Benjamin Pelton this deponent deposes & says that she is the identical person and widow of the said Capt Benjamin Pelton who was a Pensioner of the United States, and that the is still a widow, and that her late husband the said Capt Benjamin Pelton died on the 7th day of September 1830 eighteen hundred and thirty 
David Quigg
Subscribed & Sworn before me⎬ this 17th day of November 1846 
Anton Johnson Judge of 
Tompkins  County CourtsI
Counsellor 

I certify that the above named David Quigg is a respectable person 
Anton Johnson Judge 
Tompkins County Court 
Counsellor [illeg] 

The word “October” erased and “September inserted before execution
Anton S Johnson Judge &
Counsellor

State of New York
County of Tompkins} ss 
Caleb B Drake personally apppeared before the subscriber a Justice of the Peace in and for said County & after being duly sworn according to law depose & say, that he is personally acquainted with Isabella Pelton, will of Capt Benjamin Pelton late a pensioner of the United States, that the said Isabella Kelton the present applicant for a pen Zion is the identical person & widow of the said Captain Benjamin Felton, and that she is still a widow, that her late husband the said Capt Benjamin Pelton died on the 7th day of Oct 1839 eighteen hundred and thirty, leaving the said Isabella his widow Subscribed & Sworn before me this 17th day of November 1846 Caleb B Drake G Arthur S. Johnson Judge 7. Tompkins County Court I certify that the above named Calch B Drake is a respectable person, & is an attorny at law The word "October and September" interlined before execution. Arthur S. Johnson Judge Counsellor &c. A Johnson Judge. ---
Page 36

State of New York 
Tompkins County Clerks Office ss

I Ezra Weaver Clerk of said County do hereby certify that Arthur S Johnson Esqr before whom the preceeding declarations were subscribed & sworn & whose name appears to the Jurats thereto and to the certificates thereto under written was at the dates of the same an acting Judge of the County Courts in & for said county commissioned & Sworn & duly authorised to act as such & to take the same. And further that I am well acquainted with the handwriting of such Judge & verily believe that the signatures to the Jurats & certificates thereto are genuine 

In Testimony Whereof I have hereunto set my hand and affixed the Seal of said County and Court at Ithaca this seventeenth day of November A.D. 1846 
Ezra Weaver Clerk
Page 37


Ithaca, March 15, 1853
Commissioner
  
Enclosed are papers under Act of Feby 3 1853  

There is no proof of Service enclosed because the husband was a pensioner in his life time. and the proof filed in his application by a joint Resolution of Congress shall be conclusive in favor of the widow as to the service of such office [illeg] 

Act of Congress passed July 1st 1848 

The only question perhaps that can arise in this case is the construction of the second section of the Act of Congress passed Feby 3 1853, as follows 
“Be it enacted that the widows of all offices  of the Revolutionary Any who were married subsequent to January Anno Domini Eighteen hundred, shall be entitled to a pension in the same manner as those who were married before that date” 

This act simply strike out the provisions the act of July 29 1848. and the words “in the same manner,” must be taken to refer to the time from which the pension is payable & to which it is to be paid. It must be so or the act is [illeg]
Ifthe Commissioner should take the passage of the act of
Page 38

Feby 3d as the time when the pension commences it must for like reasons be taken as the time when the pension ends. and the law would be entirely nullified.

Statutes should be so construed as to give them validity rather than to under mine them  a nullity & void. 
1 Block 64 1 [illeg] 446 as [illeg] 

Where a grant as a donation or Bernly is founded upon a meritorious or valuable consideration in the grantee, the Statute is to be construed favorably for the grantee as against the State, 

Merit[?] Do. 460, Note A & case cited. 
Charles R Bridge Vs Warren Bridge 11 [illeg] 589-528 

The statute can have no force except as construed in relation to the act of July 29 1848 and the time in that act to wit March 4, 1848, must be taken as the time from which the pension begins to be paid & the time limited in that act to which to wit (during the life of the widows) the pension is to be paid must be taken as the time to which the pension is to be paid 

The widow is entitled to forty dollars per month as full pay of Captains in Continental line 
Samuel Love
Page 39

Jan 18, 1841

Rev con 
Benjamin Pelton

Hon J. L. Edwards 
Comm. of Pensions 
Washington 
D C
Page 40

Ovid N.Y. Jany 13th ‘47 

Sir

Since the recd of yours of the 5th Dec in the Benjamin Petton case, I have recd a letter from Ithaca, where he died, informing me that he drew 4  lots of land of 600 acrs each 
I suppose in this state - you say he resigned on the 18th March 1778 I beg leave respectfully  to suggest, whether it is not possible that he may have reentered the service after 1778 or 1779 for the war, & served to its close. & thereby became entitled to bounty land & to the provisions of the law of 15 May 1828, of course I ask no more than was his just due.
Respectfully 
Your Obt Sevt
Arad Joy 

Hon. J L Edwards 
Com of Pensions 
Washington 
D.C.
Page 41

Lodi Nov 19. 1846 

Dear Sir

I inclose some papers which I ask you to examine & report upon direct to Arad Jay Ovid N.Y. as he is one of my constituents & a neighbor to me 

Most Respectfully 
Your Obt Sert 
John De Mott 

Hon J.L. Edward 

Hon J.L. Edwards 
Coms of Pensions 
Washington
DC
Page 42

To the Commissioner of Pensions
 Sir 
Herewith enclosed I send you the Power of Attorney of my Mother Isabella Pelton constituting myself her Attorney to attend to her Application for a pension. My Father Capt Benjamin Patton died in September 1830 & left no property whatever, with such means as I could Even I have supported her ever since furnishing her [entire?] support, without any hope of remuneration. Having a large family I hired her Board in such places as she selected on the passage of the law of Feby last granting Pensions in such case as hers one Samuel Love was possessed of the information a day or two earlier than I was, he went to her Boarding House & induced her to go home with  him to permit him to apply for her Pension stating to her that he had seen me & that I did not wish to attend to the case, which was not true, I sent for her the first warm day (she is 86 or 87 years old), and found that she had been at Love’s home several days, altho in sight of my house  I did not know it she was kept [secluded?] & not permitted to go out, Mrs Pelton for some time declined signing any promise to give them 20 or 25 per cent of his back pay but
Page 43

before she left his home he made her believe that it was necessary in order to obtain the Pension Mr Love kept the [several?] works  hoping to obtain the Certificate but she finally went home & sent for me, and before the Magistrate & the whole family urged me to take the enclosed power — [illeg] you inform me what more is necessary to be due in the premises of anything & send me the necessary information- 

I mean to pay Mr. Love a fair compensation for what he has done -  I offered to furnish him evidence of the marriage & death & give him $25. to finish the business after he had made the application but he declined to do it without dividing the back pay - 

I am Respectfully 
Your Obt Sert 
Edmund G Pelton 

S. P. Waldo Eq
Page 44

Brief in the case of Isabella Pelton, widow of Benjh 
Tompkins County and State of New York 
act 3 Feb 1853 
————————————-
Claim, (original, or for increase.) 
Proof exhibited, (if original) 

Is it documentary, traditionary, or supported by roll?  If either, state the substance  

Husband was a pensioner under act of 18 March 1818  —. 2 yes as Capt. 

Proof of Marriage —- Record & marriage certificate 

(If for increase.) 
Has additional evidence been filed sincethe admission of the claim?  If so, what?

Name and residence of Agent 
E. G. Pelton 
Ithaca
NY

S. Cole
Examining Clerk.
Page 45

61.054

[illeg]
Page 46

George C. Whiting Esq
Commissioner of Pensions
City of Washington
DC


Albany
NY
[illeg]
N.Y.
Page 47

Mch 9 96  Soldier Pens to 
Miss Mary E. Ingersoll, 
[illeg]. Pens. Bu. 
Mcel

Revy WIDOW, &c. 
_______________
File No.1999 Isabella Pelton, 
Widow Benjamin Pelton, 
Capt,Rev. War. 
Act: July 29, 1848. 

Index:--Vol. M. Page 199 

(Arrangement of 1870.]
Page 48

June 6, 1928.

Bureau of Pensions, 
Washington, D. C. 

Will you please send me a copy of the record of 1st Lieutant Benjamin Pelton 7th Co. of the First Regiment, Newburgh, N. Y. He enlisted at Newburgh, N. Y. Aug. 4 1775. 

Very truly yours, 

Mildred Pelton, 
118 W. Harrison, 
Royal Oak, Mich.

(Office stamp)
U.S. Pension Office
Jun 8 1928