Revolutionary War Pension and Bounty Land Warrant Application File S. 3,740, for Joseph Prescott, [Blank]
Page 1

(3—1776)

Prescott, Joseph

SERVICE
Continental

NUMBER
S. 3,740
{B.L.Wt. 1679_300
Surgeon's Mate, General Hospital
Issued July 24, 1795
No papers

Carded

CONTENTS
Page 2

32,393

New-York

Joseph Prescott

New-York in the State of N. York
was a Surgeon in the [blank] commanded
Captain [blank] of the [blank] commanded
Continental on the Revolutionary
a 2 year Hos: Surgeons Mate

[insc]ribed on the Roll of New [York]
[at] the rate of 600 Dollars - annum,
[to] commence on the 4th day of March, 

Certificate of Pension issued the 12th day of
November, 1845, and sent to J. H. Eaton
present

Arrears to the 4th September, 1845 $8,700
Semi-annual allowance ending 4 March - 300
---------
$9,000
----------

{Revolutionary Claim,
Act June 7, 1832.

Recorded by W M Steuart Clerk
Book E - Vol. 4. - Page 55.



See let: to Pension [illegible]
City of New-York [illegible]
November, 1845.
Do Nov: 13: '45.
Hon. W. Preston 20 July 1854.
Page 3

One of the Heirs of
Joseph Prescott
Hos. Surgeons Mate
Mass. line

Power

St Att 1828
Ho 845
Page 4

State of Kentucky County of Shelby ss.

On this nineteenth day of November 1853 before the subscriber a Justice of the Peace in and for said County personally appeared Charles R Prescott, a resident of the town of Shelbyville in said County aged — years and made oath according to law that he is directly interested in a claim against the United States for certain arrears or increase of pension, and half pay for life supposed to be due the heirs of Joseph Prescott decd who was a Hospital Surgeon in the Massachusetts line of the Continental Army, and he hereby appoints J. DOUGLAS WOODWARD, Counsellor at Law, of Plattsburg, N.Y., his Attorney to prosecute said claim, and examine all papers and documents in relation thereto, on file in any of the Departments at Washington City or elsewhere, and to receive from the officer authorised to issue the same, a certificate for any arrears or increase of a pension or half pay, to which Deponent may be entitled, and to do all other acts and things in and about obtaining such arrears or increas of pensions and half pay as Deponent might or could do, were he personally present at the doing thereof; and he hereby revokes all former powers if any inconsistent with the above, and authorizes his said Attorney to appoint Attorneys, one or more, under him, for any or all the purposes aforesaid, hereby ratifying and confirming whatsoever Deponent's said Attorney or those appointed under him shall lawfully do or cause to be done in the premises. In witness whereof the said Deponent has hereunto se his hand and seal the day and year first above written.

Half pay interlined before execution.

Wm C Bullock
John F Ballard } Charles R Prescott


Sworn to, Subscribed and Acknowledged, before me, on the day and year first above mentioned, and I believe the Deponent to be directly interested in the claim above mentioned, and the identical person therein alleged and described, and I have no interest in the result of said claim and am not concerned in its prosecution.

F Neel Justice Peace.


State of Kentucky County of Shelby ss.

I, the subscriber, Clerk of said County, certify that Fielding Neel before whom the above affidavit and Power was sworn and acknowledged on the nineteenth day of November 1853 was above written to be genuine; and I have no interest in the result of the claim to which the foregoing paper relates, and am not concerned in its prosecution. Witness my hand and official seal at Shelbyville in said County this the nineteenth day of November 1853.

[L.S.]

Hector A Chimm Clerk.
Shelby County Court
By John F. Ballard D. Clk
Page 5

35,636
Joseph Prescott
of Nova Scotia

Dt. Columbia

Act 7 June '32

admd
2 yrs Hospital
Surgeon's Mate

$600.

deduct what has
been paid since
4 March '31. -

J. H. Eaton
Present -
Page 6

Province of Nova Scotia
City and County of Halifax } ss.

Be it known that before me Edward Allison, a Justice of the Peace in and for the City and County aforesaid personally appeared Joseph Prescott and made Oath in due form of law that he is the identical person named in an original Certificate, in his possession, of which I certify the following is a true copy:

Revolutionary Claims {No. 642}

Under the Act subtitled an Act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution, Approved 15th May 1828.



I Certify that Joseph Prescott of Halifax in the Province of Nova Scotia is entitled to receive pay under the above mentioned Act as a surviving surgeons mate in the Medical Hospital of the Army of the Revolution at the rate of Forty dollars and - Cents a month payable during his life on the third day of March and third day of September in each year.

It is Provided by law, that the said pay "shall not in any way be transferable or liable to attachment, levy, or seizure, by any legal process whatever.

{L.S.} Given under my hand and Seal of the Treasury of the United States this third day of August in the year One thousand eight hundred and seventy nine and of Independence the fifty-fourth.

S. D. Ingham Secretary of the Treasury



That he now resides in New York City, but is on a visit to Halifax Nova Scotia, and has resided there for the space of eight years last past and that previous thereto he resided in Halifax aforesaid.

Jospeh Prescott

Sworn and subscribed before me
this 1st day of February 1844 }
Witness
John Whidden, N.P.
Matthias Hoffmann

Edward Allison
Justice of the Peace
for City & County of Halifax N.S.
Page 7

Consulate of the United States
of America, Halifax, N.S.

I, T.B. Livingston Consul of the United States of America, for the Port of Halifax, in the Province of Nova Scotia, and the dependancies then of, Do hereby make known and Certify, that Edward Allison Esquire is one of Her Majesty's Justices of the Peace by Lawful Authority, duly admitted and sworn for the District of Halifax, and that to all Acts by him so done, full faith and credit are due and ought to be given in judicature and thenout: and further, that the declaration within made by Joseph Prescott is worthy of credit and that he is entitled to make verification, in all such Cases -

[seal affixed]

In Testimony, whereof, I have hereunto set my hand and affixed the seal of the said Consulate at Halifax aforesaid this second day of February A.D. 1844 and in 68th year of the Independence of the said United States - 

T.B. Livingston
Consul - U.S.A.
Page 8

Know all Men by these Presents that I Joseph Prescott of New York in the United States of America but now on a visit at Halifax in the Province of Nova Scotia do hereby constitute and appoint Henry M. Morfit of Washington in the said United States America my true an lawful Attorney for me and in my name to adjust my pension as a surviving officer of the Army of the Revolution of the said United States and to take and use all such measures as may be requisite for establishing any claim to an increase of my pension with arrearages under any law decision or resolution of the Government of the said United States its Officers or Authorities whatsoever (I having heretofore by a Certificate No. 642 issued "S.D. Ingham Secretary of the Treasury" been enlisted and having drawn up to the present period the sum of forty dollars a month as a surviving surgeons mate in the Medical Hospital of the Army of the Revolution) hereby giving to the said Henry M. Morfit full power in the premises to transact and do any matter or thing for me and in my name as fully and affectually as if I were present and did the same personally. 

In witness whereof I have hereto set my hand and seal this first day of February in the year 1844

Joseph Prescott

Signed and sealed
in presence of }
John Whidden Not. Pub.
Edward Allison J.P.
Page 9

Declaration of Joseph Prescott Hospital Mate in the service of the United States during the War of the Revolution —

I do hereby declare that I entered the Genl. Hospital of the Northern Department then under the direction of Doctor Stringer in the fall of 1776 as a Volunteer Assistant, and in the following Spring of 1777 was ordered to Tyconderoga; where the duty being very severe on the medical officers, Doctr. Jona. Potter (who had supervised Dr Stringer) did, some time in the month of May honor me with a commission constituting one a Mate on the establishment, a reward as he was pleased to say (for I was young) for the attention and activity he had observed in me — At the evacuation of the Post we retreated with such of the lines as could be got together to Skeensborough - but being soon overtaken by a force far superior to the Guard affected us for security, were obliged to abandon every thing which had reach'd that point. in the general disaster I lost all my baggage except a change of Linen - for the remainder of the campaign I did duty at the Genl. Hospital in Albany — In June 1778 I was ordered to the Highlands, where I remained some weeks, & then received instructions to join the Flying Hospital attached to the forces attached to the forces under Genl. Gates then at the White Plains - [Af]ter the close of this campaign I return'd to the Genl. Hospital at Albany [w]hich was the ordinary winter-station. — the following year I sowed on the expedition commanded by Maj. Genl. Sullivan against the six confederate tribes of Indians and at its close again returned to the Genl. Hospital — In 1780 was order'd, with a few others of the Northn. Depart [continued]
Page 10

[continued] under the direction of Doctor Browne Surgeon Genl. to provide to the Southern Army then under the command of Genl. Gates. — we met the Army on the retreat after the disastrous affair of Camden; in season to participate of some of its evils. — I continued to serve in the Carolinas and Georgia till the 14th January 1783 when I received permission to move to the  Northward. with a party of Maryland's Regt of Cavalry (with which I had been on duty in Georgia as acting Surgeon) for the benefit of my health which had suffered so severely as to have little hopes of recovery [illegible] from change of climate. — After a very long journey I reach'd my friends in Massachusetts and passed two months with them; from which I derived so much benefits as to enable me to join the Grand Army, then in cantonment at Newburg where I was allow'd to remain on account of my still debilitated state; and the near [illegible] of peace (preliminaries having been already adjusted) instead of being required to return to my former station at Newburg I remain'd some weeks, & was order'd to Constitution Island apposite West-Point where I continued till most of the troops were disbanded and the port of New York opened, when I embarked on a voyage to Europe chiefly for the benefit of my constitution which was but slowly recovering from the hocks it had survived in souther services

Joseph Prescott
formerly Hospl. Mate in the service
of the United States —
Page 11

807

No. of Original payment 845

REVOLUTIONARY CLAIMS.

TREASURY DEPARTMENT.
17 Dec 1828.

Joseph Prescott of Halifax in Nova Scotia has applied to the secretary fo the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was an officer on the Continental line, and served as such to the end of the war at which period he was a Surgeons Mate in the Medical Hospital line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the ed of March, 1826, nothing.

The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.

By order of the Secretary, 
FA Dickins



TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
18th December 1828

It does not appear by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Joseph Prescott, S. Mate in the Hospital Dept.

It further appears that Joseph Prescott is not now on the pension list of any agency, and has not been since the 3d. March 1826

It appears from the Book containing the names of officers entitled to land, that Joseph Prescott was a mate in the General Hospital and in that capacity is returned as being entitled to land -

Peter Hagner Aud
Page 12

In test. [illegible] Verilatis


I, BEAMISH MURDOCH, NOTARY & TABELLION PUBLIC of this His Majesty's Province of Nova Scotia, by Lawful Authority duly admitted and sworn, dwelling at Halifax in the same Province —

DO hereby CERTIFY and ATTEST unto all whom it may concern, that Joseph Prescott of Halifax in the Province aforesaid Surgeon, personally appeared before me at Halifax aforesaid and having been duly sworn upon this Holy Day elects of Almighty God then and there made oath and said that the annexed declaration contains a true statement of his services during the Revolutionary War, and is in every respect correct and true, wherefore an act being requested, I have granted the same under my Notarial Form and Seal of Office to serve and avail as Occasion shall or may require.

DONE and Passed at Halifax aforesaid, this nineteenth Day of July in the Year of Our Lord, One Thousand Eight Hundred and Twenty Eight.

Beamish Murdoch
Not. Pub.
Page 13

Halifax 15th July 1828

Dear Sir

I acknowledge the receipt of your favor re: [re]lative to my situation as a medical officer of the Revolution, and beg you will accept my thanks for the trouble you have taken to communicate information to me most unquestionably, interesting - To the first declaration proposed I can subscribe with most prompt decision - to the sound (as worded) I feel not so lear; because I have no recollection of any commutation Certificates specially so term'd - only in the summer of 1783 being in Philadelphia with Mr. Moore, a brother mate, we procured an adjustment of our claims for arrearages of pay, depreciation, &c, and received certificates bearing $865 interest, of that discription which went by the title of "Final Settlements." periosity (as was the case with many compel'd me to part with mine, in a short time, for a very paltry considiration. — To account for my apparent negligence & consequent inadequate information permit me to give you the detail of a few facts. — After serving three years in the Carolinas and Georgia under many severe hardships and privations (being the most of the time attach'd [illegible] what was called. the Flying Hospital) my constitution sustained such serious injury as to render a change of climate indispensably necessary accordingly after the evacuation of Charleston Dr. Olyphant Directr of the S. Depart: granted leave of absence for four months to visit my friends in Massachusetts, for the purpose of affording what was deem'd the only chance for life - by repeated attacks of the Bilious Remittent my whole system was deranged the spleen greatly enlarged, and indiuraled; and other important visurs much affected, so that life had become alsmot a burden by moderate travelling however with a part of Maryland's Regt. of Cavalry with which I had been [continued]
Page 14

[continued] on duty in Georgia, as acting Surgeon I succeeded in working Lancaster Poin. it in destined station. how I remained a few days & then proceeded to Marlborough, the residence of some of my near connexions; where, by means of change of air, diet, and kind attentions, I benefited so much in two months as to indure me to thinks I might return to my duty; & accordingly commenced my journey south, in order to fulfil the terms of my Furlough - On my arrival at Headquarters, then established at Newburg on the N.R. I waited, as a matter of course, on Dr. Cochran Direct'r Gen.' of the M.D. to receive any commands he might have for the So. Hospital. - on giving my jaundice countenance, and attenuated frame, the most humanely remark'd "young gentleman! from appearances you are very unfit to return to a southern climate - it would probably prove fatal to you. I shall therefore exercise my authority in your favor - preliminaries of peace are already settled, and the difinitive treaty daily expected; you many remain here" accordingly I joined the part of the Department then with the Grand Army, and about midsummer was ordered to Constitution Island opposite West-Pt where I remain'd til most of the troops were disbanded and the port of N York opened; I then concluded on making a voyage to Europe and embark'd at that place - the terrain & change of country proved solutar, still I never regain'd perfect health till after my return and two years residence in the invigorating climate of Nova Scotia. - As a prof of my desire to return to the United States and my readiness to engage again in their service, letters from the late Geo. Eustes which accompany other documents will be abundantly sufficient. - Under such presented circumstances I have thought it best to make a statement of my services and to attest it's correctness with the solemnity of an oath, taken before duly contributed authorities - this will embrace much more than seems to be required by the form prescribed - Perhaps it may not be thought superfluous to state that I am no far advanced in life, suffering under rheumatism and other infirmities t hat render extraordinary exertion always painful and sometimes impracticable; wherefore should I be considered as coming [continued]
Page 15

[continued] within the construction of the Law, which I suppose to have been enacted for the purpose of meliorating the condition of those who persevered with fidelity to the termination of the contest. it will certainly contribute to smooth the down hill of life which otherwise may continue to be extremely toilsome for I have not been exempt from serious disappointments and loades — at power of Atty. to you accompanies the various documents I have thought it expedient to forward - the commission required I cheerfully [illegible] & should not be averse to a more liberal enumeration for [illegible] services - My worthy friends Dr. Townsend Sent. & Dr. Thacher of Plymouth hav it their power to confirm much of what is stated in my declaration of services —

I am Dr. Sir!
Yr Obliged & hble Servt.
Joseph Prescott

P.S.

Dr. Townsend can inform you, if not already apprized of it, that I am a member of the Society of Cincinnati of Massachusetts —

22d July '28

Since I wrote the foregoing time has ben allow'd one to reflect on many events relative to the War of the Revolution and the result is that I now feel no reluctance to affix my signature to the second declaration prescribed in your instruction: doing it (as I do) under the impression that the "Final Settlement" certificate received by me in 1783 was the kind of document required by the Law for the relief of surviving Revolutionary Officers &c
Page 16

Alden Bradford Esq.
Boston



This letter may be important, both as to the honour & worth of Dr. Prescotts Even, if he has not yet recd. commutation certificates, if entitled to them, he should not lose the benefit of the late act. He giving evidence that he served to the close, he was certainly included in the resolve of Act 1780 -



If he has not had commutations, he will apply for it.

A. Bradford
Page 17

Boston, Augt. 11th 1828.

I enclose a letter from Dr. Joseph Prescott, in addition to the papers before transmitted, relating to his services in the revolutionary army —

From his statement, I have no doubt he is entitled to the commutation for half pay for Life. I will send his power of atty. to me, if necessary -

with respect  —
Alden Bradford
Page 18

Revolutionary Claims

Free

Hon. Richard Rush
Secy. of Treasury
Washington

[stamp]
BOSTON
AUG 12



Dr. J. Prescott
urd. Aug. 16. 1828
Page 19

[official letterhead with eagle and shield]

TO ALL WHOM THESE PRESENTS SHALL COME, Greeting:

I CERTIFY, ThatGeo: Nailor, whose name is subscribed to the annexed papers, is now, and was at the time of subscribing the same, a Justice of the Peace, in and for the County of Washington, in the District of Columbia, duly qualified, and that full faith and confidence are due to his acts as such

[ribbon and seal affixed]

In testimony whereof, I, Henry Clay Secretary of State of the United States, have hereunto subscribed my name, and caused the Seal of the Department of State to be affixed.

Done at the City of Washington, this tenth day of January A.D. 1829 and of the Independence of the United States of America the 53rd

H. Clay
Page 20

District of Columbia
Washington County } to wit

On this the tenth day of January 1829 personally appeared before the subscriber a Justice of the Peace in and for said County Henry M Morfit who being duly sworn deposes & says that Doctr Joseph Prescott by whom the foregoing declaration was made and subscribed is well known to be the person therein described and that he is generally reputed and believed to have bee na Hospital Surgeons Mate in the Army of the Revolution in manner as therein stated: that he believes the said declaration is the actual & individual declaration of the said Doctor Prescott whom this deponent has frequently heard speak of his Revolutionary services and who is a warm patient & a most honourable & respectable gentleman

The deponent further states & makes oath that he was very recently received a letter from the wife of said Doctr Prescott and has no doubt that the said Doctr Joseph Prescott was alive on the third day of March 1828 and that he was living within the last three months & probably is still living in Halifax in the Province of Nova Scotia —

Witness my hand & seal the day & year above mentioned —
Geo Naylor J.P. {seal}



District of Columbia
Washn County } to wit

On this the Tenth day of January 1829 personally appears before the subscriber a Justice of the Peace in & for said County Mr. Eustis Prescott who being duly sworn upon the Holy Evangely deposes & says that he is well acquainted with the hand writing of John Whidden one of the subscribing witnesses to the declaration of Joseph Prescott annexed, that he has seen the hand writing of said Whidden: the deponent further says & declares that he has seen the said Joseph Prescott since the third day of March 1838 and within the last six months at which times said Joseph Prescott was alive & in good health and is the identical person making application for a Pension from the Government of the U States & the individual above name is signed in his own hand to the declaration hereto attached

Witness my hand & seal the day & year above written
Geo Naylor JP {seal}
Page 21

BEFORE ME, George Naylor a Justice of the Peace in & for the County of Washington DC in the District of Columbia personally appeared, this day, Mr. Eustis Prescott of New York City now in Washn,, who did make oath that Joseph Prescott by whom the foregoing declaration was made and subscribed, is well known to them to be the person therein described, and that he is generally reputed and believed to have been a Hospital Surgeon's Mate in the Army of the Revolution, in manner as therein stated; and. that the said declaration was made and subscribed by the said Joseph Prescott with whose hand writing deponent is familiar

Witness my hand, this Tenth day of January in the year one thousand eight hundred and twenty nine

Geo Naylor J. Peace
Page 22

Octr 1828

Settled at
Treasury
&
Cousd. with 
Invalid file

#3740



Declaration of 
Joseph Prescott
Page 23

For the purpose of obtaining the benefits of "an Act, entitled an Act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution" approved May 15th 1828 - I Joseph Prescott now resident at Halifax in Nova Scotia - do hereby declare that I was an Officer in the Continental Line of the Army of the Revolution, & serv'd as such to the close of the War; at which time I was a Hospital Surgeon's Mate under Doctor John Corchran Director Genl. of the Medical Department. -

And I also declare that I afterwards received certificates commonly called Commutation Certificates equal to the amount of five years full pay, which was offered by Congress, by a resolve of March 22d 1788 instead of the Half-pay for life, to which I was entitled by a resolve of October 21st 1780 -

Witness my hand the 22d day of July A.D. 1828 -
Joseph Prescott

Signed in presence of
William Murdoch
John Whidden
Page 24

Boston, State of Massachusetts - Personally appeared Dr. Dvid Townsend of this City & made oath that he knew Dr. Joseph Prescott, a Surgeon's Mate in the Continental Army of the Revolution, that he now lives in Halifax, Nova Scotia, & that he fully believes his above declaration & statement is true in all its parts - He knows Dr. Joseph Prescott, whom he knew in the Hospital Department in the revolutionary war, was living in Halifax a few months ago -

Before me

Alden Bradford
Just P. & L. Suffolk
County State of Mass



I am aware this is not entirely in the form prescribed. But Dr. Prescott omitted to get the affidavit of pension in the place where he was residin[g] - I have no doubt of his being the man stated - the only question in my mind is [continued]
Page 25

[continued] whether he recd. the commutation notes - His proved, that he was in the army, & was Surgeon's Mate, & is still living - He record at Washington will then whether he had the commutation notes, or not.

A Bradford

I have a power of atty. Dr. Prescott -
Page 26

3740

Revolutionary
INVALID.

File No. 3740
Joseph Prescott
Surgn. Rev: line
Continental

Act: June 7th/32

Index:—Vol. A, Page 302

[Arrangement of 1870.]
Page 27

35636

Joseph Prescott,
D.C.

Let. to HM Morfit, 
21 Mar 1844

Let to DS Seymore
Feb. 7. 1845. 

Let. to Hon JA Eaton 
Mar. 28. 45

Act. June 7. 1832



P 539, Vol 104
Page 28

25th CONGRESS,
2d Session.he

Ho. OF REPS.

[Rep. No. 814.]

JOSEPH PRESCOTT.
[To accompany bill H. R. No. 355.]

JANUARY, 9, 1838.



Mr. HARPER, from the Committee on Revolutionary Claims, made the following

REPORT:

The Committee on Revolutionary Claims, to whom was referred the petition of Joseph Prescott, report:

That this application was examined by this committee, and a favorable report made thereon, on the 29th of January, 1836, which is annexed hereto, and made part of this report. This committee, on an examination of the case, concur in the opinion heretofore expressed, and report a bill for the relief of Joseph Prescott.



JANUARY 29, 1836.

The Committee on Revolutionary Claims to which was referred the petition of Joseph Prescott, report:

The petitioner states that he was a surgeon in the American army on continental establishment, in the revolutionary war, from the year 1776 until the close of the war. He entered the general hospital of the northern department in the fall of 1776, as a volunteer assistant; and in the spring of 1777 he was ordered to Ticonderoga, where he obtained a commission as surgeon's mate; at the evacuation of Ticonderoga. He went on duty for the remainder of that campaign in the general hospital at Albany.

In June, 1778, he was in the campaign at the Highlands, under General Gates, and was attached to the flying hospital, returning at the close of that service to the general hospital at Albany. In the following year he served in the expedition commanded by Major General Sullivan, against the six confederate tribes of Indians, and at the close of it returned again to the general hospital.

In 1780 he proceeded to the southern army, then under the command of General Gates, and did duty as junior surgeon of Mayland's regiment of horse, in the neighborhood of Camden.

On the 10th of February, 1781, he was the director of the hospital department at the Cheraw hills, and by an original order of that date, from Surgeon General Brown, at Guilford, the hospital at that place was put under his charge, and as surgeon-in-chief of the same he moved with it to Charlotte, in the expectation of advancing upon the enemy. He continued to serve in Carolina and Georgia until the 14th of January, 1783, when he received permission, on account of ill health, to return to the North with a portion of Mayland's regiment of cavalry. In a few weeks he was ordered to Constitution island, opposite West Point, [continued]



Thomas Allen, print.
Page 29

2

[Rep. No. 814.]

[continued] where he continued until most of the troops were disbanded, and the port of New York opened.

The petitioner further states that, being in active service when the troops were engaged with or in pursuit of the enemy, he had no opportunity of obtaining his commission as a surgeon, though he officiated for several years as such, and was so known in the whole of the southern campaigns, and at the close of the war that, in consequence, he is only known upon the records of the Third Auditor's office as a surgeon's mate.

The petitioner claims commutation of five years' full pay, in lieu of half pay for life, as a surgeon, with such interest thereon as would have accrued, provided the same had been subscribed by him to what is called the funded debt of 1790.

The evidence adduced by him in support of his claim is an original order from Surgeon General Brown, of the 10th of February, 1781, at Guilford, requiring him to proceed with the hospital under his care, in the best manner in his power, and with as much expedition as possible, to Charlotte, for they were about to make a movement, and, as he supposed, advance upon the enemy. He also produces three original letters: one from Nat. Alexander, dated Charlotte, August 21, 1781, and directed to Dr. Joseph Prescott, Camden; another from the same person, dated Camden, August 1, 1782, directed to Dr. Joseph Prescott, flying
hospital, southern army; and a third from Charles Drum, dated Germantown, December 26, 1783, directed to Dr. Joseph Prescott, former junior surgeon of Mayland's regiment of light-horse, Boston—all of which accompany the petition.

The facts set forth in the petition are also supported by the affidavit of the petitioner, and that of his son, swearing to the declarations heretofore made by his father, in regard to his services, and the loss of his commission.

By the resolution of Congress of January 17, 1781, "all of the officers in the hospital department and medical staff, hereinafter mentioned, who shall continue in service to the end of the war, or be reduced before that time as supernumeraries, shall be entitled to, and receive during life, in lieu of half pay, the following allowance, viz: chief physicians and surgeons of the army and hospitals, and hospital physicians and surgeons, purveyor, apothecary, and regimental surgeons, each equal tot he half pay of a captain." By the resolution of Congress of the 22d of March, 1788, commutation of five years' full pay is given to the above-mentioned officers, in lieu of half pay for life.

The committee is satisfied, from the particular account of the services of the petitioner, as stated by himself, and from the proofs adduced, that he did actual service in the army of the Revolution, on continental establishment, from an early period of the war until its termination, as a surgeon; and as such, that he is entitled to the full pay of a surgeon for five years, being the same as that of captain, under the resolution of Congress of the 22d of March, 1783. The committee therefore report a bill.
Page 30

[formal letterhead with eagle]

Revolutionary Claims.
No. 642

Under the Act entitled, "An Act for the relief of certain Officers and Soldiers of the army of the Revolution," approved 15 May, 1838

I certify that Joseph Prescott of Halifax in the province of Nova Scotia is entitled to receive pay under the above mentioned Act as a surviving Surgeons Mate in the Medical Hospital of the Army of the Revolution, at the rate of Forty dollars and — cents a mont, payable during his life on the third day of March, and third day of September, in each year.

It is provided by law that the said pay, "shall not in any way be transferable, or liable to attachment, levy, or seizure, by any legal process whatever."

Given under my hand and the Seal of the Treasury of the United States, this third day of August, in the year one thousand eight hundred and twenty nine, and of Independence, the fifty fourth.

S D Ingham
Secretary of the Treasury
Engd. by Thorap. Work.

Pay-Certificate of Jospeh Prescott
Page 31

Surgeon Prescott's appeal, to the Secty of War rests before a single grant

His first original declaration made, represented himself to be an "assistant" Here one liable to mistakes; & on Prescott is a very aged man, this one charity, should be awarded to him; & being a mistake, as to fact, he should not be concluded by the Declaration

But afterward, he asked Congress, for his five year commendation, and it was awarded to him. In his same, original first declaration, it will be found, that he says - his commutation had been recd. pd - Congress perceiving it, to be a mistake disregarded at, & give what his petition asked - commutation; which under the resolution of Congress in 1781, could not be admitted, if he had been only a assistant Surgeon. By. that resolution, Surgeons only, not assistants, were entitled to Commutation. If an assistant only, Prescott was excluded, & yet Congress, under a full examination of the proofs, considered him a surgeon, & gave him the relief asked for under the resolution of 1781 - to wit - his Commutation pay of 5 years

The Comnd or Persons insinuates, that  this may have been, on the part of Congress, a mere bounty. The Secretary, is For well advised of the course of the Legislature, in regard to those antiquated claims, to believe, that its action proceeded from any course, then a conviction, that the proof and circumstances [continued]
Page 32

[continued] of the case, thought at within the resolution of 81; & as they have so admitted, by their legislative action, it seems, that he Executive Deponent ought to call that action in question. Congress has admitted his Commutation claim, which, being not a Surgeon, he could not claim; & being thus admitted, it ought not to be further questioned by the Commisr. on Pensions

Respectfully submitted
J. H. Eaton
17 Sep 45

Sec of War -



Statement by 
J.H. Eaton
Prescotts case
Page 33

J. L. Edwards
objection as to
Jos. Prescotts claim
&
enclosed reply of
J. H. Eaton
Page 34

Copy

Pension Office March 28 / 45

Sir

The renewed application of Jos Prescott for an increase of pension upon the grounds that he served as Surgeon in the Revol. war has been again examined & disallowed

The evidence relied on to sustain the grade claimed is insufficient on itself to establish it. The 1st is, that an error was committed in 1828 in that respect which is attributed to an unskillful agent in drawing up his claim. This is a mistake as the Declaration is drawn up in the hand writing of the claimant evening great intelligence, & expertness as a draftsman[,] In it he gives a detailed account of his services, & alltho he states that he had at one time charge of a temporary Hospital as Director, he claims in direct terms to have rendered all his service in character of Hospital Surgeons mate; & to have held that grade at the end of the war. The other ground that Congress had in 1838 upon the  [illegible] & proof of claimant allowed him the commutation of surgeon is allowed all the weight which such an act of bounty is entitled to. But the assumption of that grade by Congress is enhanced by the repeated declaration of claimant (sometimes under oath) that he served as Hospital Surgeons Mate to the end of the war - 2d By the rations of the officers at the end of the war - 3 By his acquiescence until 1837 in that return which permitted him to the bounty land of a Surgeon [continued]
Page 35

[continued] mate only; & excluded him from the commutation which surgeons were entitled to, & 4 By the silence of the return officers entitled to Commutation upon which his name must have been borne if he had served his years as Surgeon - The increase claimed is a notable one, to be ascertained by the half pay of actual services with the minimum of 6 mos to maximum of 24 months. This appears to have been last sight of  in the presentation of the claim to a higher grade of service. If the grade be allowed the length of the service in that grade must be ascertained until satisfactory presence before a pro rata allowance be made

Repectfuly
Signed
JL Edwards
J.H. Eaton
pr


esent
Page 36

Nov. 14. 1845
Time to which 
Jos Prescott 
was paid

JL Edwards

JL Edwards
Commissioner of Pension
Washington D.C.

[stamp]
NEW-YORK
12 NOV
5 cts.
Page 37

New York City Pension Agency
November 12, 1845

Sir

In reply to your letter of the 11th instant, desiring to be informed up to what time Jospeh Prescott, a pensioner on the roll of this agency at 480 dollars per annum, was last paid, I have to inform you that he has been paid, under the act of 15th May, 1828, to September 3d 1845.

Very respectfully
Your obedient Servant
Jno A Stevens
Pens Ad.



JL Edwards Esq
Commissioner of Pensions
Washington City
Page 38

To what time was Jospeh Prescott, Surgeon's Mate, act 1828, N. York roll, last paid?

J. L Edwards
Nov. 10. 1845

Pd to 4th March 1845
JH
Page 39

Henry M. Morfit Esq
Washington
Page 40

New York 13th Feby 1845

My dear Sir

Your favor of the 8th did not reach me until yesterday, or it should have been acknowledged sooner. In conformity with your advice I have addressed a letter to the Honble. Mr. Seymour, and left it open for your inspection. - It contains merely a simple state of facts to which you know I have attached the solemnity of an oath. My feelings have sustained a severe wound from the idea that my veracity should be questioned, and my only consolation is that, with my God I know my integrity to stand unimpeached - The discrepancies which have given rise to a level, were overcomed by the cautiousness of Mr. Bradford I believe, because I am confident I stated to him that I was a Junior Surgeon in the Southern Hospital, and referred him to my friend Dr. Townsend of Boston for information respecting the rank of each officer. To me however the present objections appear unjust, mine commutation was granted one on the authenticity of testimonials, presented with my application -

I enclose a letter from a highly and respectable friend in South Carolina, which I think will. afford some idea of the character I sustained during my three years service in that quarter. - I wish it [continued]
Page 41

[continued] to be returned when convenient. -

I wish it were it in my purvue to visit Washington but at my age and suffering under chronic Rheumatism it would be madness to think of it. My grand-daughter and little grand-son have occupied my feelings a good deal for three weeks past, in worreyment of the measles, but I am happy in being able to say that I now consider them as perfectly convalescent. -

With kindest regard to Mr. Morfit, and my favorite Mrs. Campbell, in which my daughter anotes,

I am very truly
My dear Sir!
Yr obliged Friend
J. Prescott

P.S. Should. the Honble. Mr Bates of Northampton be in Washington he perhaps want aid me with his influence
Page 42

25th CONGRESS,
2d SESSION.

H. R. 355.

JANUARY 9, 1838.

Read twice, and committed to a Committee of the Whole House to-morrow.


Mr. HARPER, from the Committee on Revolutionary Claims, reported the following bill:

A BILL
For the relief of Joseph Prescott.

1 Be it enacted by the Senate and House of Representatives
2 of the United State of America in Congress assembled, That
3 the proper accounting officers of the Treasury be, and they
4 are hereby required to adjust and settle the account of Doc-
5 tor Joseph Prescott, late a surgeon of the army of the United
6 States on continental establishment, and allow him five years'
7 full pay of a surgeon of the army, in commutation of the
8 half pay for life promised by the resolutions of Congress;
9 with such interest thereon as would have been payable if a
10 certificate had been given to the said Joseph Prescott for the
11 amount of said commutation, and the same had been by him
12 subscribed to the funded debt of the United States, under the
13 act of August fourth, one thousand seven hundred and nine-
14 ty; and that the same be paid out of any money in the
15 Treasury not otherwise appropriated.
Page 43

No. 75.029 lines
the [illegible] Certificate dated
12 July 1838
in the office of the Register of the Treasury

allowance to Doctor Jospeh Prescott
as full Surgeon

120
  16
-----
720
120
-----
$1920
Page 44

25th CONGRESS,
2d Session.

Rep. [No. 814.]

Ho. of REPS.


JOSEPH PRESCOTT.
[To accompany bill H. R. No. 355.]

JANUARY, 9, 1838.

Mr. HARPER, from the Committee on Revolutionary Claims, made the following

REPORT:

The Committee on Revolutionary Claims, to whom was referred the petition of Joseph Prescott, report:

That this application was examined by this committee, and a favorable report made thereon, on the 29th of January, 1836, which is annexed hereto, and made part of this report. This committee, on an examination of the case, concur in the opinion heretofore expressed, and report a bill for the relief of Joseph Prescott.


JANUARY 29, 1836.

The Committee on Revolutionary Claims, to which was referred the petition of Joseph Prescott, report:

The petitioner states that he was a surgeon in the American army on continental establishment, in the revolutionary war, from the year 1776 until the close of the war. He entered the general hospital of the northern department in the fall of 1776, as a volunteer assistant; and in the spring of 1777 he was ordered to Ticonderoga, where he obtained a commission as surgeon's mate; at the evacuation of Ticonderoga he went on duty for the remainder of that campaign in the general hospital at Albany.

In June, 1778, he was in the campaign at the Highlands, under General Gates, and was attached to the flying hospital, returning at the close of that service to the general hospital at Albany. In the following year he served in the expedition commanded by Major General Sullivan, against the six confederate tribes of Indians, and at the close of it returned again to the general hospital.

In 1780 he proceeded to the southern army, then under the command of General Gates, and did duty as junior surgeon of Mayland's regiment of horse, in the neighborhood of Camden.

On the 10th of February, 1781, he was the director of the hospital department at the Cheraw hills, and by an original order of that date, from Surgeon General Brown, at Guilford, the hospital at that place was put under his charge, and as surgeon-in-chief of the same he moved with it to Charlotte, in the expectation of advancing upon the enemy. He continued to serve in Carolina and Georgia until the 14th of January, 1783, when he received permission, on account of ill health, to return to the North with a portion of Mayland's regiment of cavalry. In a few weeks he was ordered to Constitution island, opposite West Point, [continued]



Thomas Allen, print.
Page 45

2

[Rep. No. 814. ]

[continued] where he continued until most of the troops were disbanded, and the port of New York
opened.

The petitioner further states that, being in active service when the troops were engaged with or in pursuit of the enemy, he had no opportunity of obtaining his commission as a surgeon, though he officiated for several years as such, and was known in the whole of the southern campaigns, and at the close of the war that, in consequence, he is only known upon the records of the Third Auditor's
office as a surgeon's mate.

The petitioner claims commutation of five years' full pay, in lieu of half pay for life, as a surgeon, with such interest thereon as would have accrued, provided the same had been subscribed by him to what is called the funded debt of 1790.

The evidence adduced by him in support of his claim is an original order from Surgeon General Brown, of the 10th of February, 1781, at Guilford, requiring him to proceed with the hospital under his care, in the best manner in his power, and with as much expedition as possible, to Charlotte, for they were about to make a movement, and, as he supposed, advance upon the enemy. He also produces three original letters: one from Nat. Alexander, dated Charlotte, August 21, 1781, and directed to Dr. Joseph Prescott, Camden; another from the same person, dated Camden, August 1, 1782, directed to Dr. Joseph Prescott, flying hospital, southern army; and a third from Charles Drum, dated Germantown, December 26, 1783, directed to Dr. Joseph Prescott, former junior surgeon of Mayland's regiment of light horse, Boston, all of which accompany the petition.

The facts set forth in the petition are also supported by the affidavit of the petitioner, and that of his son, swearing to the declarations heretofore made by his father, in regard to his services, and the loss of his commission.

By the resolution of Congress of January 17, 1781, all of the officers in the hospital department and medical staff, hereinafter mentioned, who shall continue in service to the end of the war, or be reduced before that time as supernumeraries, shall be entitled to, and receive during life, in lieu of half pay, the following allowance, viz: chief physicians and surgeons of the army and hospitals, and hospital physicians and surgeons, purveyor, apothecary, and regimental surgeons, each equal tot he half pay of a captain." By the resolution of Congress of the 22d of March, 1788, commutation of five years full pay is given to the above mentioned officers, in lieu of half pay for life.

The committee is satisfied, from the particular account of the services of the petitioner, as stated by himself, and from the proofs adduced, that he did actual service in the army of the Revolution, on continental establishment, from an early period of the war until its termination, as a surgeon; and, as such, that he is entitled to the full pay of a surgeon for five years, being the same as that of captain, under the resolution of Congress of the 22d of March, 1783. The committee therefore report a bill.
Page 46

25th CONGRESS,
2d SESSION.

H. R. 355.

JANUARY 9, 1838.

Read twice, and committed to a Committee of the Whole House to-morrow.

Mr. HARPER, from the Committee on Revolutionary Claims, reported the following bill:

A BILL

For the relief of Joseph Prescott.
1 Be it enacted by the Senate and House of Representatives
2 of the United States of America in Congress assembled, That the
3 proper accounting officers of the Treasury be, and they
4 are hereby required to adjust and settle the account of Doctor
5 Joseph Prescott, late a surgeon of the army of the United
6 States on continental establishment, and allow him five years'
7 full pay of a surgeon of the army, in commutation of the
8 half pay for life promised by the resolutions of Congress;
9 with such interest thereon as would have been payable if a
10 certificate had been given to the said Joseph Prescott for the
11 amount of said commutation, and the same had been by him
12 subscribed to the funded debt of the United States, under the
13 act of August fourth, one thousand seven hundred and nine-
14 ty; and that the same be paid out of any money in the
15 Treasury not otherwise appropriated.
Page 47

1828



James L Edwards Esq
Commissioner of Pensions
Washington City



John Prescott
Feby 7 1844

for increase



H M Morfit
Present
Page 48

Washington 17 Feby 1844

To James L Edwards Esq
Commissioner of Pensions

Sir

At the request of an old acquaintance Doctor Joseph Prescott I now enclose his affidavit of identity and copy of his pension Certificate in order to enable him to receive the additional sum due him under the decision allowing Surgeons Six hundred dollars per annum. His claim is in the defference from 15th May 1828 between the pension of $480 and the sum of $600 per year which he ought to have received. Accompanying this you will find Report No 314 of the 2d Session of the 25th Congress with Bill of the Same Session No. 355. In his relief showing. that he was a Surgeon in the Army of the Revolution from an early period to the close having entered in 1776[.] There is also a power of attorney by which I am authorised to receive whatever may be coming to him, but it is immaterial whether the certificate is payable to me or not only that I will thank you to let the papers pass through my hands.

Respy
Your Ob Svt
Henry M Morfit
Page 49

Masn John H Eaton
Washington
Page 50

Washington 25 Mar 45.

Mass John H Eaton
Washn -

Dear Sir

Some two or three weeks ago I spoke to you about presenting to the consideration of the Secretary of War the claim of Doctor Joseph Prescott of New York for an increase of his pension from that now allowed him as a surgeons mate in that which he should receive as a full surgeon

I therefore now enclose the report from the Committee on Revolutionary claims and a copy of the Bill under which he received Commutation as a Surgeon

The only difficulty in the way is this: in the year 1828 some unskillful pension agent drew up a form of application for him to sign in which it was stated erronesly that he was a Surgeon's Mate during the Revolution and had received commutation[.] The pension certificate was issued upon that statement as for a Surgeons Mate: in 1836 it was discovered, that the Doctor had never received his commutation and that the person who framed his petition in a pension must have been ignorant not only of the facts connected with the case but of the law, as no Surgeons Mate was entitled to any Commutation[.] A Petition was therefore presented to Congress and as it appeared manifest that Doctor Prescott had been a full Surgeon at the end of the War and some years before, a Bill was passed granting him the usual commutation[.] Since then he has applied to have his pension augmented but the Commissioner sets up the statement of the Doctor in 1828 that he was a Mate and hence refuses to increase the pension.

I take it in granted that an act of Congress declaring as Nicie to be of a certain grade is quite sufficient to determine that fact, and that the volunteer construction of a merely ministerial Nicie is not to be effectually allowed to repeal that law.

Be so good as to bring this case to the consideration of the Secy of War as early as may be

Repy
Henry M Morfit