Revolutionary War Pension and Bounty Land Warrant Application File R. 62, for William Lewis, Virginia
Page 1

(3 - 1776)
SERVICE
NUMBER
Va Sea Service
Lewis, 
William
R. 62.
CONTENTS
Va. Half Pay
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Petition
of
Robert Lewis McGuire
Admr de bonis non
of
Com. Wm Lewis
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To James E. Heath Commissioner of Pensions
for the United States
The undersigned, as administrator de bonis non of
William Lewis deceased, late of the Town of Fredricksburg in the State of Virginia, who was Commodor
of the Virginia State Navy, and as such intilled [entitled]
to Half Pay under the act of [illegible] [illegible]
the 5th
day of July
1832, now presents the claim of
his intestate for that service, and to sustain it,
offers the following vouchers
Number. 1.
The letter of Governor Jefferson to Captain
Lewis dated March 8th 1781.
Number .'2" List of  [illegible] in the service at Turkey
Island 22nd March 1781. sent by Robert Mitchell
to the Governor.
Number 3.
The Report of the Committee of the House of
Delegates 1st
January 1782. showing that the
fleet was under the Command of Commodore Lewis
and burnt by his order.
Number 4. & 5.
The deposition of
George Rothrock of
Fredericksburg. identifying Commodore Lewis. and
the deposition of Jane Benson, to the same effect.
Their depositions will be confirmed by John Taliaferro
Esq.
of Washington.
Number.
6.
Letters of administration granted
to
Robert Lewis McGuire, of Fredericksburg Va
also refer to
Jeffersons Works. Vol.
1:
letter from Gov. Jefferson to [illegible] dated the
8th
May 1781. showing when the fleet was
destroyed, from which the undersigned claims the
Half
Pay of a Commodore
Fredericksburg. February 3, 1853
Robt L McGuire
Admr de bonis non of Com Wm Lewis.
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WAR OF 1812.
3/9/
Heirs of William Lewis
Como
Va Navy
Revolution
Discharged , 18
4091
H'f. Pay act '32
Received , 187
62
Attorney.
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Beltsville, 13th June 58
Dear Sir
I have just received a copy of Mr Whitings report to
the Secretary of the Interior on Commodore Lewis claim
for half pay. The following is a copy.
The claim a ported in virtue of the services of William Lenors,
the only remaining case referred to by Mr Randolph
was rejected by this office in April 1855. It was claimed
that he was an officer in the Virginia State Navy, but the
evidence adduced, so far from sustaining 
such service, distinctly proved, that the repel to which he
was attached never itself belonged to the Navy of that State
a letter of Mr Jefferson, then governor of Virginia) filed as
evidence by the claimants, shows that he was in command
of an armed trading vessel which was temporarily
impressed into the service of the State, along with other vessels
of the same character. But this fact is still more clearly
established by the extract from the records of Virginia,
procured by this office, in which it is shown that a payment
was made out of the State Treasury to a private firm, for the
wages of the crew of the very vessel Lewis commanded.
Moreover, this payment was charged to the United States
which proves that the expenditure was continental in its
character, and was not even a legitimate disburs[e]ment on
account of the State Navy. Besides, the officers of the Virginia
Navy were, of course, appointed by competent authority
and that authority was vested by law, in the Navy Board
(Sec 9th Henning page 150) The complete journal of that Board
is now in existence, and it affords no evidence whatever
that William Lewis ever received an appointment in the
Navy. If such are appointment had been made, it
must have appeared on the face of the journal.
This alone would be conclusive against the claim even
in the absence of the positive evidence that Lewis was
simply the commander of a private trading vessel
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No Naval officer whose regular appointment is not shown
thereon by this Journal has ever been all over
half pay under the act of 5th July 1852.
Other reasons might be assigned to shew that this claim
is utterly without foundation. The laws of Virginia
authorised the appointment of but one commodore
(the grade claimed by Lewis) and it is matter of
historical notoriety that Commodore James Barron
herd that post from nearly the commencement, to the
close of the war. These views were presented to the attorney
of the claimants in 1853. but the papers at the earnest
solicitation of Mr Randolph, were nevertheless reexamined
in 1855, by my immediate predecessor,
who, upon a review of the whole evidence, again rejected
the claim. Finally upon an appeal being taken to the
Department, and all the papers transmitted thereto,
together with a report from this office, you decided, on
the 13th August last, that the testimony is wholly
insufficient to show that he (Lewis) ever served in the
Mary of the State of Virginia, or that he ever held the
rank of Commodore or Captain in that service.
It will thus be obvious that the claims, on the evidence
now of record, are beyond the jurisdiction of this Bureau
that they have been so for a great length of time,
having all been rejected by the Department.
But notwithstanding all which, Mr Randolph with
a lack of courtesy I am both to believe him conscious of,
persist in his attempts to raise false issues with
the office, to impugn its motives, and to attribute to it
positions as law and fact it has never assumed
trust however, the pains I have taken to exhibit
the material features of the several cla[i]mes mentioned
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in his note to Mr Garnett, and the action had thereon by this office, fully approved as it has been by the several heads of the Department before whom it has been carried on appeal, will sufficiently show the groundlessness of Mr Randolphs complaints, and justify the desire of this office to devote its time to more meritorious claimants, and its energies to more profitable discussions."
Signed
Geo. C. Whiting
Hon: J. Thompson
Mr Whiting states, that Governor Jefferson's Letter to Capt. Lewis, "shows that he was in command of an armed trading vessel." Govr Jeffersons Letter is directed to Capt. Lewis, in command of "the fleet," then in James river. The brig Jefferson, was one of the fleet" commanded by Capt. Lewis, as commodore. It is matter of historical notoriety that Capt. Lewis did command the Virginia fleet in James river, in April 81. The law of Virginia ( [illegible] Henning p. 83) gives "to the Capt. commanding a fleet, as commodore, the pay of a commodore." "It is shown, (says Mr Whiting) that a payment was made out of the State Treasury to a private firm, for the wages of the crew of the very vessel Lewis commanded." He might have added, "the value of the very vessel commanded by Lewis." Is not this conclusive proof that the vessel, its officers, and crew, were in the service of the State, and paid for by the State. "No naval officer whose [name crossed out] regular appointment is not shown by this Journal has ever been allowed half pay under the act of July 5th 1832." John Cox has been allowed half pay under the act of July 5th. 1832. His name is not on the Journal. "The testimony is wholly insufficient to show that he (Lewis) ever held rank [served crossed out] in the Navy of Virginia."
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If the Virginia fleet, was a part of the Navy; its commander "held rank" in the Navy.  I am charged by William Whiting, with "a lack of courtesy" If it is a lack of courtesy to persevere in my claims for a legal, and impartial  decision on the claims which he, and his predecessors have rejected.  I am guilty.  He has charged me with attempting to intimidate him.  I said then, and repeat it now, that Capt. Lewis did command the Virginia fleet in April 81; that that fleet, was a part of the Navy; that he was legally entitled to his pay a a "Capt. commanding the fleet, as commodore."  If Mr. Secretary Thompson can believe that Capt. Lewis commanded the Virginia fleet, and does not believe that he was an officer in the Navy, I hope that justice to the claimants will induce him to consult the Attorney General.  Mr. Whiting has asserted that governor Jefferson's letter to Capt. Lewis, "proves that he was in command of an armed trading vessel," is not correct.  I deny it, and refer to the letter to sustain me.  That letter, proves that he commanded the fleet.  The brig Jefferson, a State vessel, was one of the fleet commanded.  Acpt. Lewis does carry one belief that the commander of the Jefferson, would have obeyed the orders of Lewis if he had not been an officer of the Navy.  I hope, that your friendly regards for the claimants and your state pride, will induce you to continue your aid in obtaining the half pay, legally due.

I greet your cordially
Richard Randolph

W. Solden
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John Tyler, Jr
Washington, D.C.
Sept. 6, 1958
Concerning the claim 
of Com. Wmn Lewis

Most respectfully referred 
to the Com. of Pensions
Sept
Sept. 9. '58     Moses Kelly
                       Chief Clerk

Heirs of Com. Lewis

Received 7 Sep. '58
Mrs. Rhett
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Washington City Sep: 6/58.
Hon: Jacob Thompson
Secretary of the Interior:
Sir: There has been, or will be presented to you the claim of the Heirs of Com: Lewis, Commandant of the Virginia Navy during the War of the Revolution, for half pay under the Act of 1779, acknowledged by Congress July 5th 1832. The Law existing, & its construction settled & certain, the only points to be considered is the fact of Claimants' Title. They trace indisputably from Lewis. That Lewis was the Commandant of the Virginia Navy (and consequently a beneficiary under the Law) is shown by concurrent Acts of Legislative & Legal History. If his name does not appear on the Registry of the Virginia Navy Board, it is not such evidence as to viciate the fact of his service as shown by the Act of the Legislature of Virginia granting " indemnity to Richard Evers Lee for the burning of his vessel by orders of Com: Lewis," when the British forces threatened a Capture - passed in 1782. The Navy Record was abolished in 1779, when
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the Virginia Act recognised since by Congress, in relation to half pay later took effect, and hence Com: Lewis name does not appear there [caret] he having acted as Com in 1780-1. Under this Act, half pay has been granted to Captains Maxwell, Cox, & Malcom, whose names were not on the Registry or Journal of the Navy Board.
If the decision of the board of Appeals of Virginia in the Case of Roane, shall be relied on, then be it understood that, that decision came up in Reviews by the Court, in the Case of Marston (J Lee R) afterwards, and was reversed; and the Law became settled as since recognised by Congress as Gilmer  Petition in 1832.
The Governor of Virginia made DeKlaumas a Major, and his claim has been recognised by the Commissioner of Pensions. The Governor of Virginia made William Lewis a Captain, and then
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Commissioner may not consistently ignore his previous decisions-To my mind the Case of Lewis is a clear one.
You will pardon me, though the interest I take in the case by history & love of my Native State, if I thus address you. I am the more readily led to do so because the allowance, if made by you, will go chiefly to the widows of two fellow Naval officers, with whom I am acquainted, & who I know to be not only worthy, but in need of the fund.
I have the honor [illegible]
Very Respectfully
Your friend & servt.
John Tyler, [illegible]
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The claim of Commodore Lewis has been rejected. 
Because, his name cannot be found on the rolls of the State Navy, and,
Because, his flag ship was impressed.
Let it be conceded, that Com. Lewis recieved his appointment from the governor of Virginia, one month before the fleet which he commanded, was captured: The legallity of his appointment by the governor, may be questioned. If it is; the law passed in October 81. legalising, all the acts of governor Jefferson, during the invasion of the State in the spring of the year 1781. legalises his appointment of Com. Lewis, who, under the law, was as much an officer of the State Navy, as a commission issued by the governor and council, could have made him. It is proved, that he commanded the fleet when it was captured: was he not then, ipso facto, an officer in the State Navy.
The law of Virginia promises half pay to officers, "from the time they are commissioned, to the end of the war; to commence from the determination of their command, or service." Com. Lewis, "command, and service" terminated, when the fleet which he commanded, was captured.
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It will not be denied, that Com. Lewis commanded the fleet.  all the ships. His right hoist his flag on board the State Ship, Jefferson, must be admitted. If he had been the Commodore, commanding the State Navy, when he was on board the Jefferson was he not equally so, when on board the Renown. Does the ownership of the horse which the General rides; affect his rank, or authority to command. The Bonhomme Richard; belonged to Paul Jones when he captured the Seraphis. He was, nevertheless; an officer in the Continental Navy: Honored, and paid, as such. It is proved, that Com. Lewis was in "command, and service," when his fleet was captured, and the entire State Navy, destroyed. There were then, no vessels to be commanded. The Brig Mars, commanded by Capt Thomas, was with the fleet, under Com. Lewis, when it was captured. Half pay has been allowed to Capt. Thomas, whose "command and service," terminated with the capture of his vessel.
Upon what ground, can it be denied to Com. Lewis. May I ask Mr Adams to reconsider the claim of Com. Lewis.
Richard Randolph
15th May 1854.
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1781
List of Vessels
List of Vessels
Exhibit number "2."
with Petition of
Commodore Lewis' admin
Page 16

A list of the Vessels taken in the Service, now lying at Turkey Island 22d March 1781-
Ship Renown Capt. William Lewis, mounting 16, six pounders & 22 men
Brig Willing Lass Capt. Williams mounting 12 four Pounders & 20 men.
" Brig Marrs Capt. Thomas - mounting 8 four pounders & 10 men.
Brig Morning Starr Capt. Beatey mounting 2 four Pounders & 13 men.
" Schooner Heron Capt. Howell mounting 3 swivels & 7 men.
" Sloope Emimone Capt. Weastcoat mounts 1 Howet & 8 men.
Brig Wilkes Capt. Cunningham mounts 12 Three & four pounders & 20 men.
" One Duck.Q & one open River Craft belonging to Jno. Cooke of Petersburg with five negroes on board 
" One Duck.Q Craft. The property of Capt. Murry with three men on board.
Return
Robt. Mitchell
Executive Department
Richmond Va Dec. 23d 1832
I certify the foregoing to be truly copied from papers on file in this department.
Wm H Richardson [illegible]
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State of Virginia
County of Spotsylvania
Corporation of Fredericksburg

⎬S.S.
On this 14th day
of December A.D. One thousand eight hundred and
fifty two
personally appeared before me John Coakley - 
a justice of the peace, duly authorized
to administer oaths within & for the corporation afore
said, George Rothrock aged eighty three years, a resident of Fredericksburg in the State of Virginia
who, being duly sworn according to law, declares that
he has been a resident of Fredericksburg for the
last sixty three years, that he was well acquainted
with "Commodore" William Lewis who had been a
Captain in the Navy of Virginia during the Revolutionary war, & who was for several years before
at the time of his death, Surveyor of the Port of
Fredericksburg - that the said Lewis died in Fredericksburg in the
early part of the
year seventeen hundred and
ninety three
He makes this declaration at the request of the
Administrator of the said Lewis did in order that
he may receive the half pay due to the said Lewis from the
and of the Revolutionary war to the time of his death
& any other compensation due to him on account of
the services of the said Lewis.
Geo Rothrock [made his mark]
Sworn to & subscribed to before me this day & year
above written. And I hereby certify that I believe
the said George Rothrock is of the age above
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stated & that he has [caret] been a resident of Fredericksburg for the period mentioned.
Jno Coakley J.P. {seal}

Exhibits Nos 4 & 5.
with Petition of 
Commodore Lewis' admin
Page 19

State of Virginia}
Corporation of Fredericksburg} To wit-
Personally appeared before me a justice of the peace for the corporation aforesaid Jane Benson aged seventy six a resident of Fredericksburg in the State of Virginia, who being duly sworn according to law, declares that she has been a resident of Fredericksburg for the last seventy six years that she was well acquainted with Captain William Lewis who was in the Navy during the Revolutionary War - that he was Surveyor of the Port of Fredericksburg at the time of his death early in 1793 - & that she lived with his widow after his death.
Jane Benson {seal}
Sworn to & subscribed before me on this 14th day of December 1852 - And I hereby certify that I believe the said Jane Benson is of the age above stated & that she has been a resident of Fredericksburg for the period mentioned-
Jno Coakley J.P. {seal}
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State of Virginia
Corporation of Fredericksburg} SS.
I John James Chew Clerk of the Corporation Court of Fredericksburg, in the State of Virginia, do hereby Certify that John Coakley Esq, before whom the foregoing Affidavits of George Rothrock and Jane Benson were made, and whose genuine signature is affixed thereby, was at the time of taking the said Affidavits, and still is a Justice of the Peace for the Corporation of Fredericksburg, in the State of Virginia, duly commissioned and sworn and that full faith and credit are due to all his Acts as such -
In Testimony whereof I hereto set my hand and affix the Seal of the said Court, this 13th day of January A.D. 1853-
J. J. Chew CCCF
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Thursday October 9th 1777-
Present-Mr. Whiting Mr. Archer Mr. Lewis-
Ordered that Dr. McClurg be directed to furnish Doctr Brown of the Dragon Gulley with such medicines as he may think necessary for the use of the said Gulley-
Wednesday the 15th day of April 1778-
Present-Mr. Hutchings. Mr. Travis. Mr. Archer
A Letter from Doctr David Brown was received, read and filed.
Tuesday the 25th day of August 1778-
Present Mr. Whiting Mr. Travis Mr. Archer and Mr Innis
Ordered that Dr. McClurg deliver to Dr. Brown such medicine as he may think necessary for the use of the ship Dragon
Monday the 26th day of August 1778.
Present Mr. Whiting Mr. Archer and Mr. Innis
Ordered that the Keeper of the public Store deliver to Dr. Brown twelve pounds of Coffee, one pound tea, fifty weight sugar, two doz bottles of wine for the use of the sick on board the ship Dragon-
Thursday the 27th day of August 1778.
Ordered that the Keeper of the public store deliver to Dr. Brown, a suit of cloaths two shirts, three pr stockings two pair shoes two [illegible] yards of ward linen, two Blankets and to Mr. Webb one Blanket four yards Linen and two [illegible] on their paying for the same-
Friday the 28th day of August 1778.
Ordered that the Keeper of the public store deliver Dr Brown
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six yds Linen for Bandages, & dresing, four hanks silk, five ounces thread, one paper pins three quire paper, three yds of flannel for the use of the ship Dragon-
Thursday the 17th day of December 1778.
Ordered that the Keeper of the public store deliver Dr. Brown, with for a sent of cloathes and great [illegible] two shirts, two pair stockings one pair of shoes, two Blankets one hat; and forty wt sugar and two pounds tea for his mess on board the Dragon on her paying for the same-
Ordered that Dr Brown have leave of absence from the service of the Navy til the last of this month-
Wednesday April 2d 1777-
Present Mr. Whiting Mr. Hutchings & Mr. Archer-
It is directed that the name of the Galley building at Fredericksburg be the Dragon-
Friday the 1st day of January 1779-
Present Mr. Travis Mr. Archer and Mr. Innis.
Ordered that the Keeper of the public store deliver Lieutenant Hamilton fifty weight sugar and two pounds of tea for the sick on board the ship Dragon, and two dozen sheets of tin, two two hour glasses, a speaking trumpet, two quires paper, a *** of Ratline and a jug of oil for the use of the ship Dragon-
Monday the 25th day of January 1779-
Ordered that the Keeper of the public store deliver Mr. Henderson
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fifty weight sugar two pounds of Tea, for the use of the Cabin mess on his paying for the same, and two quises paper for the use of the ship Dragon-
Monday the 17th day of May 1779
Orders that Mr Robert Boush deliver Mr Livingston, one hundred weight of sugar and six pounds of tea for the sick on Board the Turter, Dragon, Patriot and fly; and six bundles of match rope for the Squadron-
This is to certify that the foregoing are true extracts from the journals of the Navy Board on file in this office, and that on reference to the index of the said journals the first volume running from the 8. July 1776 to the 5th day of March 1779 inclusive; and the second from the 6 March 1779 to the 23 June 1779 both inclusive, D. Brown is not named, except in reference to the entries, preceding the first double black lines on the 2d page of this sheet, nor does his name appear in the index to the journal of the Board of War, (to which Board the duties of the Navy Board were transferred) running from the 30th day of June 1779 to the 7. April 1780 both inclusive - [illegible] does it appear on the [illegible] of minutes of the Navy Board James Maxwell Commissioner; running from the 21. July 1780 to the 19. December 1780 both inclusive - I also further certify that it appears from an entry in the journal of the Board of Trade of the 25th March 1780, that the ship Dragon was in that
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day transferred to that Board, by an order of the Executive Council.
Ro Johnston
Aud of Pub Accts
Aud office, Rich Va
9 February 1853

G
(David Brown)
D. Brown
Page 25

Exhibit No 6.
with Petition of 
Commodore Lewis' adm.
Page 26

Virginia:
In Spotsylvania County Court, January the 3rd 1853. On the motion of Robert L. McGuire, who made oath thereto and together with Eustace Conway, his secretary, he having testified an oath as to his sufficiency and entered into and acknowledged as bond in the penalty of Five hundred dollars, conditioned as the law directs, certificate is granted him for obtaining letters of Administration, des bonis non, upon the Estate of Captain William Lewis deceased in due form of law.
I, Robert C. Dabney clerk of Spotsylvania County Courts, in the State of Virginia, do hereby certify that the foregoing writing is a  true copy of the certificates of the administration granted Robert L. McGuire upon the Estate of Captain William Lewis deceased, from the records of my office: I further certify that the said Robert L. McGuire is now the only duly qualified and acting administrator of the said Captain William Lewis deceased.
In testimony whereof I have hereunto set my hand and affixed the seal of the said County Court this 16th day of January A.D. 1853 and in the 77th year of the Commonwealth.
R. C. Dabney
Clerk
Page 27

Exhibit number 3
with Petition of Commodore
Lewis admr
Let. to A A Little 25 April/53
Fee $1.00 paid
Page 28

Extract from the Journal of the House of Delegates of the 1st of January 1782.
"Resolved that it is the opinion of this committee that the petition of Richard Evers Lee setting forth, that he was one fourth part owner of the Sloop Warwick which was burnt at Osborns on the approach of the British in the month of June last. That the said vessel was burnt by the order of Baron Stueben and Commodore Lewis for the security of the trading fleet then at that place. And praying to be made compensation for the same is reasonable. And that the Commercial agent ought to appoint two persons to ascertain the damages which the petitioner has sustained in consequence of the said vessel's being [caret] Burnt as aforesaid. And make report thereof to the next session of Assembly. The first resolution was read a second time and on the question put thereupon agreed to by the House."
State of Virginia}
City of Richmond} to wit.
I St. Geo: Tucker Clerk of the House of Delegates and Keeper of the Rolls of the Commonwealth of Virginia do hereby certify that the foregoing is a true extract from the Journal of the House of Delegates of the 1st of January 1782. 
Given under my hand this 13th Jany 1853.
St Geo Tucker CHD
& Keeper of the Rolls of Va
Page 29

Dear Sir
Believing that you are not prejudiced against Virginia claims, I make this communication to prove that James E Heath was, either prejudiced or incompetent.
In Hennings Stat at large, Vol. 10. page 379. is the following act. "Be it enacted, that the brig Jefferson, with the armed boats Liberty and Patriot, be forthwith manned and fitted out. That the armed vessels aforesaid, as well as others hereafter to be fitted for the service of the commonwealth, may with greater case and expedition be manned: the governor, with advice of council may, and he is hereby authorised and empowered, if the exegencies of the service aforesaid should render it necessary, to issue his warrant to any officer commanding an armed vessel in the service of this State, authorising and directing such officer to impress into the service of this commonwealth any seamen, or marines." William Mitchell, in his letter to the governor, dated, Turkey Island, March 81. gives a list of the vessels comprising the fleet, then at ancor off that place, among them, the ship Renown, with - guns, commanded by William Lewis. 
The Renown, was, "an armed vessel in the service of this State," and, her commander, an "officer" in the service of the State. But, said commissioner Heath, he was not an officer in the Navy.
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If the armed vessels in the service of the State, are not the Navy of the State, then, the State had no Navy.
The Renown, was the flag ship of commodore Lewis: it was one of the fleet: the brig Jefferson, was another: these vessels were sunk by order of commodore Lewis, to prevent their capture by the British. The name of the ship, in a complimentary sence, does not attach to the character of commissioner Heath.
I request you, Sir, to append this paper, to your report on the claim of Capt. Lewis, to the Secretary of the Interior.
I salute you respectfully.
Richard Randolph.
May 1857.
Geo. C. Whiting.
Page 31

Department of the Interior.
Washington. August 13. 1857.
Sir,
I have carefully examined the claim of the Administrator of William Lewis decd for half pay, under Act July 5th 1832, and am of the opinion that the testimony is wholly insufficient to show that he ever served in the Navy of the State of Virginia, or that he ever really held the rank of Commodore or Captain in that Service. Your decision is therefore affirmed, and the papers, which accompanied your Report, are herewith returned to your office. 
I am, very respectfully,
Your Obt. Servt.
J. Thompson
Secretary.
Hon. Geo. C. Whiting.
Commissioner of 
Pensions.
Page 32

For/
Mr Adams
Pension Office
Page 33

Richard Randolph
to
W. Selden-
Beltsville. June 13, 1858.
Respecting the claim
of Commodore Lewis.
Va half pay
Act July 5 32
Answered - Col. Selden.
June 17, 1858.
Respectfully referred
to Commr of Pensions
to be filed with 
Wm Lewis's papers.
Dept. Int.} Moses Kelly
June 17/58.}  Chf. Clk.
Filed 16 June '58 by
Col. Selden-
Mr. Rhett
Page 34

Mr Richard Randolph is hereby authorized to prosecute the 
claim of Commodore Lewis for half-pay.
A. Alexander Little
Agent & Attorney for R. L. McGuire Adm
Fredericksburg
May 25 1854
Page 35

Richmond Va 21 Sept 1852
Dear Sir,
Some ten or twelve days since, I entered to you, statements in reference to the services of Fenny and Bunt, with a letter requesting to know if that was the kind of examination which you desired in cases that might be submitted to me, since which I have not had the pleasure of hearing from you - I have kept the Secretary of the James River Company who called on me I think the day after its date, waiting an answer, whether I would resume my examination of their accounts longer then I should have done-
I should therefore, be pleased to hear from you at the earliest period that may comport with your convenience
Very respectfully
Your [illegible]
Joseph Jackson
Page 36

Richard Randolph
Beltsville, Md
June 15, 1858
Complaining of the 
adverse decisions of
the Comr of Pensions on
certain claims.
Page 37

Beltsville, 15th June 1858
Dear Sir
I have just received from Mr Garnett, Mr Whitings report to you on three claims, in which, I am agent for the claimants.
I regret to say, that his report is, exparte, not fair, and, in some items, false. His report on the claim of the heirs of Capt. William Lewis, is so unfair, that I take the liberty to request you to permit me to point out its errors, and, unwarranted assumptions.
I have stated the case to many very inteligent military men, and, to several officers in the Navy: They say, that no man, who was not an officer in the Navy, could have commanded the Virginia fleet. My friend, William Selden, has taken an interest in the success of the claimants, two of whom, are
Page 38

widows of officers in the U.S. Navy lost at sea, in the service of the U.S. 
I cannot ask you to examine the evidence yourself, but, do ask you to refer it to one of your [illegible], who is not prejudiced against the claim, for, Mr Whitings reports show, either prejudice, or want of information.
I greet you respectfully
Richard Randolph
Hon: J. Thompson
Page 39

A Alex. Little
17 March 1853
Relative to half-pay claim
of Com. Wm Lewis
Act 5 July 1832
Page 40

Fredericksburg, Va
March 17th 1853
James E. Heath Esqr
Commissioner of Pensions}
Washington}
 Sir - I have received no reply to my last argument & application for Commodore Lewis' claim for half-pay - 
If the claim is rejected as I suppose, please send me a written rejection that I may take the proper steps for the further prosecution of the matter.
I shall be glad to receive it as soon as your convenience will allow.
Respectfully
A. Alexander Little
Attorney for R. L. McGuire
Admr de bonis non of Wm Lewis [illegible]
Page 41

Head Quarters, Fredericksburg
25th Nov. 1778 -
Sir
Your favor of the 5th instant was presented me by your Son - The continueance of the enemy in this quarter - the hazard we should run by detaching from the army - the condition of our supplies in your quarter, which fall infinitely short of what I was led to expect, with some other weighty considerations, make it necessary to suspend the expedition to Canada for this winter. But as I do not give up the idea of an enterprise at a more convenient season and under more favourable circumstances, you will still exert yourself in obtaining an exact State of the enemies affairs and Strength, particularising the Regiments and Corps with the general temper of the Canadians.
The further procuring of Snow-Shoes, with such articles as are only wanted in a winter expedition may be totally discontinued.  But you may still assist in promoting and increasing the magazine of flour in the places formerly marked out - to be ready when it shall be judged proper to reassume the expedition.
It would no doubt be a desirable thing to have a quantity of provisions laid safe in Canada in the manner you proposed - but should we encourage the Frenchman which you mention in this way, it might serve only to point to our object and give the enemy an early alarm. This makes me rather hesitate on the propriety of employing him, even supposing his fidelity certain. He may however be used to answer other intentions (such as giving information) at least til we are more determined on the expedition.
Page 42

I am really unwilling to incur and accumulate the debt of the Continent by doing anything at present towards clothing the Indians you speak of. They must not however by a total neglect, be suffered to get too much out of humor. You may furnish them with provisions, and must endeavour to preserve a good understanding by civil treatment, and without running into unnecessary expense.
It is not in my power at present to make you a remittance of the Silver dollars in your account, but I have drawn on the military chest for 5,000 dollars which is put into the hands of Mr James Bayley.
You will be pleased to persevere in clearing the road, so long as the weather will admit of such duty. 
As to appointing an issueing Commissary in your quarter it is a matter which rests with the Commissary General. But at present there is no such officer necessary - when he is wanted I would suppose there will be no objection to the Gentleman you mention
I am Sir
Your most humble servt
G. Washington
Brig Genl. Bayley
Page 43

Letter from Govr
Jefferson to 
Congress
9th May 1781-
Exhibit No 7
with Petition
of
Commodore Lewis:
Adm
Page 44

Copy of Letter
Jeffersons Memoirs Vol. 1. page 219.
To His Excellency Genl Washington
Richmond 9th May 81.
Sir
The Enemy after leaving Williamsburg, came directly up James River and landed at City Point. They Marched to Petersburg . .
The enemy burnt all the tobacco in the Warehouses at Petersburg and its neighbourhood. They afterwards proceeded  to Osborne's, where they did the same, and also destroyed the residue of the public armed vessels, and several of private property.
Signed.
T. J.
Page 45

The Commissioner of Pensions will please permit Mr Davidge to examine the papers filed by me, on the claim of Capt. William Lewis, for half pay, as commodore of the Virginia fleet, in 1781.
and oblige
Richard Randolph
16th April 1858
Page 46

[left side of page]
James E. Heath Esqr
Commiss of Pensions

[right side of page]
8 Sept 1862
Jos: Jackson
Page 47

Richmond Va 8 September 1832-
Dear Sir
Some weeks since R M Heath Esqr, when in Richmond, informed me that it was your wish that I should, of convenient to me, examine into the services of various officers, in whose behalf claims had or might be presented for half pay and perhaps commutation on account of revolutionary service - my experience has prompted the belief, that the reports of the Board of Officers, as to those who were entitled to half pay, are much more nearly correct, than many suppose; and I enclose examinations of the service of William Fennie Q M Genl. and St Geo Bunt State Cavalry, as giving some idea of the sort of examination which I think ought to be made, to form the best opinion of the service of such officers as are not embraced in those reports - such examinations will if carried out, serve not only in the individual use presented, but also each case of an officer claiming to have performed service in any particular [illegible] - You will readily perceive check such examinations
require much research and labor - the period of the year is fast approaching, when for some years past I have devoted all my spare time to the examination of the accounts
Page 48

of two institutions, here, if it is desirable, for your department to obtain the sort of information indicated I shall be unable to attend to both, and would be pleased to learn from you at your  earliest convenience, the proposed compensation and mode of payment, that I may know whether or not, to relinquish the service of these institutions.
In carrying out the mode suggested examinations may be necessary in departments, which are closed except in hours when my duties require my presence in the Amd office-a letter from your department, to be used in an effort to procure some formalities in making such examinations in those offices would no doubt be useful. Hoping that you have derived benefit from your trip to the mountains I remain
Yours truly
Joseph Jackson
James E Heath Esqr
Com of Pensions.
Page 49

Camry - Act of 1 [illegible] under Lieut. St. May - June 17. 1776 - Nov. 20, Case. 17
Pen or Pensions -(Probate Gall)-
Restoration says, he [shorthand] prvt. or ensg 1779. [shorthand] Dragon & City. - 1838
Jas James - 1785 - [shorthand]
Summer July 1779." [shorthand]
[shorthand]
Page 50

A
Evidence obtained from Richmond showing that Commodore Lewis did not belong to the State Navy.
This paper was shown to the [caret] attn of the admin, Mr Lewis McGuire who thereupon abandoned the claim. He did not desire a letter to be written to him, formally communicating.
Mr Little subsequently requested a written letter of rejection.
Letter to A Alex Little 25 April/53
Page 51

Tuesday April 3. 1781-
United States
Warr to Cap Robert Mitchell for his services & expenses incurred while impressing Superintending several armed vessels taken into public service per order of the Baron de Steuben & Marquis LaFayette - per gen order 2.500-0.0
United States.
Warr to Hunter Banks H for wages of & crews of the ship Renown, the Brig Willing Lass, the schooner Buckskin Hero & the Brigg Morning Starr, impressed into the service of the public by order of the executive and valued by persons appointed to 17.503-4-1
Wednesday 4th April 1781
United States
War to Thomas Simpson for wages to the Brigg Wickes & her crew impressed by the Gov orders at the request of Baron Steuben & appraised by persons appointed for that purpose for Cert --1.605-1-1
Friday 6th April 1781
Va United States
War to Cap Samuel Waistcoat for pay of himself made and seamen on board the Sloop Eminent impressed by request of Marquis Fayette for Cert
2697. 4-8
Page 52

Monday the 9th April 1781
United States Va
Warr to Cap John Thomas for pay of himself
made and seamen on board the Brigantine 
Moors impressed for public use for [illegible] 2730 __
This is to certify, that the foregoing are true copies of entries to be found on the day book of this office, of their respective dates, except that the contraction "Warr" is substituted for that of "D" in the last entry - and that after search the name of William Lewis has not been found as an officer of the State Navy, among the many papers on file in this department.
Given under my hand this nineteenth Feby 1853.
R. Johnston
Audr of Pub Accts
Page 53

If the annexed evidence is deemed insufficient to establish an employment by US officers on US account see
Benike vs Commonwealth p. 338.
Cummingham H vs [illegible] p. 331} in Volume Calls Reports --
See also. Chap 8. 4 Vol Marshalls life of WAshn. Phil'ia 1845
Chap 18. 4 Vol Burkes History of Virga. [illegible] 15th and a resolution of the General Assembly passed on March 1781 in the following words "Resolved that the Governor with the service of the Council, be improved to impress and take into the public service such and [illegible] being private property, with their credit for the transpopulation of troops, military stores or baggage, across the rivers creeks or bays, or other purposes as the exigencies of officers and the public service may require; and that the General Assembly do approve of the conduct of the Governor in heretofore impressing such russels and their own for the purpose of forwarding the public service, and that they will indemnify the population thereof for the loss and damage consequent thereof" J.I.
Page 54

James E. Heath had seen, in the audors office at Richmond, from which, he had been expelled; that the ship Renault and its crew, had been pressed into the service of the State; that the value of the ship, and the wages of the seamen, had been paid by the State. In his zeal to defeat the claim of commodore Lewis, he obtained evidence of these facts; and, placing the commodore on a level with his seamen, denied that he was an officer. The fact, that Capt. Lewis commanded the fleet, in April 81 when he destroyed a part of it, and the remainder was taken by the British, could not be denied by Heath, or any one. Was the commander of the fleet, an officer in the Navy. Would the officers obey his orders, if he had no authority to command them. He could have no other authority [caret] than that of a commissioned officer in the Navy. Governor Jefferson gave written orders to him as Capt. and commander of the fleet. I will not insult your intelligence by adding, as I can, other testimony, that he was an officer in the Navy. The fact, that he commanded the fleet when it was captured, is unquestionable proof, that he was an officer in the Navy.
Richard Randolph.
6th April 1857.
To Geo. C. Whiting
Com of Pensions.
Page 55

J. L. Edwards, Esqr
Pension Office
Jan 8.
Ky. Nicholson, rcd
5 July [illegible]
Hon R. Craig
HR
Page 56

Washington, Jan. 8th 1838
Sir,
I hope you will do me the favor to return (to me) an early answer to the enclosed letter - return also, the letter.
Yours tr,
R. Craig
Page 57

Letter of the [illegible]
Exhibit with Petition
of Commodore Lewis'
adm or
No. 1.
Page 58

Captain Lewis
In Council, March 8th 1781.
Sir,
I am informed that the several persons whose services we desire to avail ourselves of on this occasion, wish an authentic assurance of what before I had communicated to you verbally. You are therefore authorized to inform them that their vessels and their Loading shall be ensured by the State, that a reasonable hire shall be paid for their vessels and men, and the usual share of prize and plunder allowed. I have no reason to believe that the British are at present at Liberty to come out of Elizabeth River, but this will not long be the case. You will lie close at Hood's til you receive further orders as before directed.
I am yours Tom Jenkins
Executive Department
Richmond Va Dec. 23d 1852
I certify the foregoing to be a true copy from a Letter Book, preserved among the records of this department.
Wm H. Richardson Com
Page 59

R
It will be time enough for 
us to act when his letter to
the Secy is [illegible] I
don't presume it is necessary
for him to come &
examine the claim with
us as if this [illegible]
of the fact that he has 
profound charges agt Health
& Waldo is intended to 
intimidate me is will
fail [illegible]
[illegible]
Mr. Geddes
5 May 1857.
For Geo C Whiting Esqr
Pension Office
Page 60

Pension Office, May 4. 1857.
Sir,
In reply to your letter of the 1st instant, in relation to the claim of the heirs of Captain Lewis for half pay under Act of Congress of July 5, 1832, I have to state that the action of this office must await that of the Interior Department, to which it appears you have sent a memorial upon the subject.
Should the Secretary of the Interior request of this office a Report upon the claim such Report will be prepared, and communicated to him, together with the papers in the case; and it will then be a matter for his consideration whether, under the circumstances, you will be permitted personally to join in such examination as he may institute.
I am, very respectfully, 
Your Obt. Servant,
Richard Randolph Esqr
Present
Commissioner
Page 61

Dear Sir
I have been requested by the representative of Commodore Lewis, to revise his claim for half pay: for that purpose, I have presented a memorial to the Secretary of the Interior, in which, I have made charges against your predecessors in office, which I hold myself bound to verify. James E. Heath, who was appointed, for the sole reason, that he was a Whig; decided, that the commander of the Virginia fleet, was not an officer in the Navy, because, his flag ship, was a hired vessel; by the same [illegible], Genl Scott, on a hired horse, is not an officer in the army. Mr Waldo, followed Heaths lead. The commander of the Fleet, was, ex officio, an officer in the Navy. Governor Jeffersons order to Capt. Lewis, establishes his rank, and station. I shall be pleased to examine the claim, with you, and will attend at your office, when notified. 
I greet you respectfully.
Richard Randolph
1st May 1857.
Geo. C. Whiting.
Page 62

Pension office 15th January 1833.
I have the honor to report the question made by the representatives of Peter S. Schuyler agreeably to your instructions. The accompanying paper marked A, presents the question, and the facts which enter into its merits. B. is the extract from the minutes of the provincial congress, relyed on by the representative; and C. a copy of the proposed answer of the Department.
Hon. Lewis Cass
J. L. Edwards
The within question has been referred to the attorney here & He is of opinion that service in a military office, even although a commission may not be issued, or may not date back to the commencement of the service, entitles the persons to a pension for such service. See the rule so applied in this case.
Lewis Cass.
"A commission is not in every case indispensably necessary to in vest a person with rank, or command, to entitle him to the emoluments of the office he fills, but some act, or [caret] to [illegible] writing tantamount to a commission, or promise of a commission, is deemed essential."
Lewis Cass.
Capt. Lewis performed "service in a military office."
Governor Jeffersons letter to him, was "tantamount to a commission."
Colonel Tartons letter to Comodore Lewis, requiring him to surrender his fleet, proves that he commanded the Navy
Page 63

Hon: J. Thompson
It has been decided at the pension office, that Capt. Lewis, who commanded the Virginia fleet in April 81. was not an officer of the Navy.
I request you to suspend your decision until I obtain the testimony of miliary men.
I salute you respectfully
Richard Randolph
14th May 1857.
Page 64

Genl. Washington
to 
Genl. Bayley -
Letter - Instructions &c
Nov. 25. 1778
Page 65

A Alex Little
7 Mar/53
Argument &c
Page 66

Browns Hotel - March 7th 1853
Washington 
Richard Heath Esqr
Pension Office - DC Sir,
Botts informed me that your objection to Commodore Lewis' claim was that he [caret] did not belong to the State Navy. When you showed me on Friday that the Renown was an impressed ship I gave up the case. But upon reflection I still think the claim should be allowed. Here are my reasons. The ships Renown, Willing Lass, & others were pressed into the service of the State of Virginia in March 1781 and were with the Thetis, Jefferson & Hero, put under the command of Commodore Lewis on board of the Renown as the flag ship of the fleet. Gov. Jefferson's letter, though directed to Capt Lewis shows that the fleet was under his command - He calls it the State Navy also.
Now you allege that as the Renown was pressed into the service of the State, her commander whilst he was in the service of the State was not an officer of the State Navy. The presumption that he who commanded the ship before it was taken into the service of the State, continued to command the ship after
Page 67

it was taken into the service, cannot be believed. It would have been illegal. The Governor would not have done so much injustice to the other officers of the Navy as to place them under the command of a man who was not an officer of the Navy. Such an act of usurpation would have been resisted. The Renown was as truly a ship of the Virginia Navy as was the Thetis, Jefferson, and Hero - Seamen were seldom pressed into the service - Officers never were
Impressed men were as much in the service as volunteers & received the same pay & emoluments -
The act under which I claim says nothing about being commissioned. It speaks of service - & I have proved the fact of service as officer in the State Navy & therefore my claim is good & should be allowed -
Commodore Lewis could not have usurped the command of the ship & fleet. Governor Jefferson's letter to him is legal proof that he was in command of the fleet by his authority & the Commissioner of Pensions in my humble judgment is not
Page 68

2
authorized to repudiate an official act of the Executive of Virginia.
So much for my argument - Now for the precedent.
Captain Thomas commanded one of these impressed ships - The Comt, Mr Heath [caret] as I am informed, very justly allowed his claim for half pay as an officer in the Virginia Navy. By what rule of construction can you decide that Capt Thomas, whose "command & service" terminated with the capture of his impressed ship was entitled to half pay & Commodore Lewis, whose service terminated I dont know when, was not entitled to half pay? If one is just & right the other is -
I hope this will settle the matter in my favor - If not - please file this with the papers as my protest against your decision & that your successor may see the grounds of the application which will be made to him.
Respectfully yours
in haste
A. Alexander Little
Page 69

[crossed out 2. Officers of the State line]
on to enter the service again.
3. Officers of the State line [caret] & navy who being [illegible] were called in to enter the service and did so
[crossed out Officers of the]
The Act of Virginia
Page 70

Court in Burks - 1st, 93. 1, Each, 338. [shorthand]
[shorthand]
Res. Gen. Ass. March 12. 1781
Thomas Kerns page 17. Accy. 79. Same. p7:, 2 Vol. p. 82.
Page 71

Mr Whiting, In his report, states, that "the complete Journal of the navy board, is now in existance, and it affords no evidence that William Lewis ever recieved an appointment in the Navy. If such an appointment had been made, it must have appeared on the face of the Journal." Non sequiter. 
The Journal of the Navy Board does not exhibit the names of all the officers in the Navy. He says, "No naval officer whose regular appointment is not shown by this Journal has ever been allowed half pay under the act of 5th July 1832."
John Coxs regular appointment is not shown by that Journal. 
John Cox has been allowed half pay under the act of 5th July 1832 as a Captain in the Virginia Navy. He says, Governor Jeffersons letter proves that Lewis commanded an armed trading vessel. It does not. It proves that Capt. Lewis commanded the fleet, as commodore. The extract from the Journal of the Virginia Legislature, filed with Lewis' papers, shows, that he, as commodore of the fleet, acted in concert with Baron Stueben, the commander of the army. Mr Whiting takes no note of that evidence: He says, "the State paid a private firm, for the wages of the crew of the very vessel Lewis commanded." Ergo. Lewis was not an officer in the Virginia Navy. "This payment was charged to the U.S." Were not the payments made by the State of Virginia, as half pay to her officers of her army, and navy, "charged to the U.S." does not the U.S. in the act of 5th of July 32. refund the money so paid, and assume to pay, the unpaid half pay, due by the State of Virginia, to the officers of her army, and navy.
We have record proof that Capt. Lewis, as commodore in the navy, acted in concert with Baron Stueben, the commander of the army. Can any man believe that Capt Lewis was not an officer in the Navy.
Richard Randolph
Page 72

Richard Randolph.
Washington, 
D.C.
Sept. 3.'58 -
Concerning the Claim of 
Wm Lewis to Bounty Land.
Respectfully referred to the 
Comr of Pensions -
Dept. Int.}
Sept. 4. '58.}
Moses Kelly
Chief Clk -
Rec'd 4 Sep: '58
Mr. Rhett
Page 73

Washington, 3d September,1858.
Sir,
It is my duty as agent for the heirs of William Lewis, to falsify Mr Whitngs report to you, on their claim. Mr Whiting says, as the journal of the Navy Board does not show the appointment of William Lewis, he was not an officer in the Navy. The Navy Board was abolished, in the year 1779. He says. No naval officer, whose regular appointment is not shown on the journal of the Navy Board, have been allowed half pay, under the act of 5th July 1832. Half pay has been allowed to Captains, Maxwell, Cox, and Malcom. Their names are not on the journal of the Navy Board. Mr Whiting admits the authority of the governor, to make Capt. Deklauman, a Major. That admition; defeats his claim for half pay. He denies the authority of the governor, to appoint William Lewis, a Captain. That denial; defeats Lewis' claim. On the first day of January 1782, the legislature of Virginia granted indemnity to Richard Evers Lee, for his vessel, which was burnt, "by the orders of Baron Steuben, and, Commodore Lewis." Here, we have the testimony of the legislature, that he commanded the Navy, as commodore. Will you repudiate it?
I greet you respectfully
Richard Randolph.
Hon. J. Thompson.