Revolutionary War Pension and Bounty Land Warrant Application File S. 42,483, for John Thomas, Massachusetts
Page 1

SERVICE

Continental
Mass.

Thomas, John

NUMBER

S. 42,483
B.L.Wt 2143-400-Surgeon
Issued Dec. 28, 1791
No papers.
Page 2

872

New York. [handwritten letter L]

John Thomas, Surgeon
Massachusetts line

[handwritten] Colo Nelson
1777- 6 years

in the army of the United States during the Revolutionary War.

nscribed [ink blot] Roll of New York, 
at the [ink blot] twenty Dollars per month, to commence on 
the 16th of April, 1818.

Certificate of Pension issued the 5th of June, 1818.
and sent to the pensioner, care of William Thomas, Esq; Poughkeepsie, Dutchess County, New York.

years to 4th of Septr. 1818...$92..6 [illegible]
anl. all'ce ending

4 mos.. 19/30…$92..66.

Revolutionary Claim,
Act 18th March, 1818

[hand-written] Bailey
Dead- 
See roll.
[strike-through] Poughkeepsie, Dutchess Co


Copies of Commission Sent to Wm. Thomas Mar 29 1841

Rev W. B. Thomas
Feb 13 / 57

[hand-written across page] Date of death given on A. B. as Oct. 30, 1819

[cross-written] File Sept 18_
Page 3

Pokeepsie March 20th 1841

Hon. John Bell

Sir
My Father was a Surgeon in the Revolutionary Army from the beginning to the close of the War. Under the law of 1817 & 1818, the first year of Mr Monroe's administration, he applyed for his Pension & obtained it - but he died in a few months after his certificate they issued. in
order to show he was in the Service he sent his commission to the Department. I am desirous to have this commission in the hands of the family & if there is no objection I will thank you to direct it to be forwarded to me. and
& if it cannot be sent to me. Will you have the goodness to furnish me with a Copy certifiyed by yourselves. I talked with my friend Charles Johnston our representative in Congress & he wanted me to write yo on the subject.

With the highest respect
I am your obd srvt

Will Thomas
Page 4

District of New York NY in Dutchess county for
on this 16th day of Aprl 1818, before me the 
Subscriber one of the judges of the Court of
Common Pleas a Record for the County of 
Dutchess, Personally appeared John Thomas, aged
Sixty years, resident in Po.keepsie in said district,
who being by some first known according to law,
shall on his oath makes the following declaration.
In order to obtain the Pracipious made by the
late act of Congress, entitled an act to
Provide for certain persons engaged in the
land & national service of the United States 
in the Revolutionary War, that the said
John Thomas, entered as a Surgeons Mate
in the Regiment of Foot, commanded by Col
John Baily in the service of the United
Colonies, that he continued to serve [a]in the
said Corps, or other Corps in the service of
the United States until the Peace of 1783,
when he was discharged from the service at
West Point in the State of New York, that he
was in the Battles of Saratoga, Newtown,
Throgs Neck & White Plains, and that he is in
reduced circumstances, & stands in need of the
assistance of his bounty for support.
John Thomas
Sworn to & declared before me this 16 day of
April 1818
Peter R Maison
one of the _____ judges
aforesaid. and I certify, that it appears to my
satisfaction, that the said John Thomas did
serve in the Revolutionary War as stated in the
Page 5

Receiving declaration against the Common Privy,
& I now transmit the Recordings & testimony, taken in
Lo before me, to the Secretary for the Department
of War, pursuant to the directions of the aforesaid
acts of Congress.

Peter R Maison
one of the judges as aforesaid.

I Jacob Van Ness Clerk of the County of Dutchess in the State of New York
do hereby certify that the above named Peter R Maison before whom the
preceding affidavits were taken is a Judge of the Court of Common Pleas
of said County acting under the authority of said state and I
know the above to be his signature. In witness whereof I have 
hereunto subscribed my name and affixed the seal of
the Court of Common Please of said
County this sixteenth day of March one
thousand eight hundred & eighteen 

Jacob Van Ness Clerk of
Dutchess County, State of New York, _____
Page 6

September 21, 1909

Dr. D. M. McPherson
Board of Pension Appeals,
Bureau of Pensions,
Washington, D.C.

Sir:
In reply to your personal request of the 20" instant, for the military record of John Thomas a Surgeon in the War of the Revolution, you are advised that the papers in claim Sur. File No. 42,483, show that John Thomas applied for pension April 16, 1818 while a resident of Poughkeepsie, New York, and sixty years of age; that he was appointed January 1, 1776, Surgeon's Mate of Colonel John Bailey's 23rd regiment of Continental Infantry, was in the battles of Harlem, Throg's Neck and White plains, and served until January 1, 1777, when he was promoted Surgeon of Colonel James Wesson's regiment of Massachusetts troops, was in battle of Saratoga, and continued to serve in the above and other Corps until Peace was declared in 1783 and he was discharged at West Point, New York. The claim was allowed.
Doctor John Thomas died October 30, 1819, his widow (name not stated) died in October, 1845 and their son, Rev. William B. Thomas resided at Poughkeepsie in 1857. There is no further data as to family.
Very respectfully,
Deputy Commissioner.
Page 7

[hand written] ito
3-871
Record Division
Department of the Interior,
Bureau of Pensions
Briefed by__
Claim No.  Old War Inv. File 42483
Certificate No __
Claimant __
Soldier John Thomas
Service __
Additional Service Rev. War.
No. _ claim, State records_, 190_
No claim, combination records _, 190_
Remarks:
Referred to the
Chief of the
Law Division
for consideration
[signed]
G. C. Kniffing
O-8          Chief Division
Page 8

[STAMP]

Army and Navy Division
P11, F, S
Nov 18 1909
Received
Page 9

A&N Division
Department of the Interior,
Bureau of Pensions.
Washington, D C., Nov. 23, 1909
on File
No. Claim, 42483
Cert. No _
Claimant, John Thomas
Soldier, _
Co._, _ Reg't Rev War
Respectfully referred to the
Chief Law Division for
consideration

[STAMP]  RECEIVED LAW DIVISION
NOV 25
1909

L.B. Stowe
Chief of A&N Division
J.C.F.G.
Page 10

[Handwriting over the printed words)
Prepare letter for Capt Kelleys signature 
thru his desk.

3-082.
Department of the Interior,
BUREAU OF PENSIONS.
Application No. __
Certificate No.__

[STAMP]
RECORD DIVISION
SEP 20 1909

NAME OF SOLDIER
Dr D.M. McPherson.
 Bd of Pension Affairs
Co,__,Reg't__

INFORMATION DESIRED
Surgeons in the Rev War
John Thomas surg mate in Cottons Reg.
Sergts (?) make in 
23d Contl Inft- 
Surgn 9th - Walker &
Col. Wessons
Regts
Widow Gertrude F.Thomas
Pensions

O-16
Page 11

42483
INVALID
Revy (?)
File No. 42483
John Thomas
Surgeon Rev War
Act: 18 March 18th
Index: --Vol. 3, Page 508
Arrangement of 1870.

(over)
Page 12

1909 Apl. 21. History to
Dr. D. M. McPherson       c
1909 Oct. 27. B. G. Bennet
Secrty. U.S.S. informed
by Mr. Davenport
acting commnt, that
coms. could not be returned to anyone
unless that person
that he was the "one Descendant".
See copy of said letter in this case.   aw

Nov. 8/09. C. B. Hobs, atty, New York, NY.
declining, as against
public policy, his demand for
the surrender of posterior commissions
filed to soldier in 1818 to the attorney of said
unnamed person who 
is not shown by any evidence
before this Bar as to be the
sole [underlined] legal representative 
of the soldier. Copy enc.
GCS LassDr

Nov. 26/09. C. B. Hobbs, atty, N.Y.
 that re next ? Pensions
will consider certified copy
of any coms said holding
to Mrs. G Thomas, sole heir
of soldier. Copy enc.
GCS LassDr

Mch. 27/22. Hon. F. M. Goodwin, asst. Secy.
why request of Dr. Wm S. Thomas for the
two commissions of John Thomas should
be refused. J.
Page 13

IN CONGRESS
The DELEGATES OF THE UNITED STATES oF New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, TO

John Thomas Gentleman Greeting

We, reposing especial Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity, 
DO, by these Presents, constitute and appoint you to be Surgeon of the Battalion whereof James Wesson Esqr. is Colonel
in the Army of the United States, raised for the Defence of American Liberty, and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the Duty of a Surgeon by doing and performing all manner of Things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as their Surgeon. And you are to observe and follow such Orders and Directions from Time to Time, as you shall receive from this or a future Congress of the United States, or Committee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the Army of the United States, or any other your  superior Officer, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress.
Dated at Boston January 1, 1777.
By order of the Congress, 
John Hancock  PRESIDENT
ATTEST, Cha Thomson Secy
Page 14

[Top Center] IN CONGRESS

The DELEGATES of the UNITED COLONIES of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North and South Carolina, to John Thomas, Gent. (hand written)

We reposing especial Trust and Confidence in your Patriotism, Valour, Conduct and Fidelity, DO, by these Presents, constitute and appoint you to be Surgeons Mate of the (hand written) 23d Regiment of Foot Commanded by Col. John Bailey (hand written), in the Army of the United Colonies, raised for the Defence of American Liberty and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the Duty of Surgeons Mat e(hand written) by doing and performing all Manner of Things thereunder belonging. And we do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your orders as Surgeons Mate (hand written) And you are to observe and follow such Orders and Directions from Time to Time, as you shall receive from this or a future Congress of the United Colonies, or Committee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the Army of the United Colonies, or any other your superior Officer, according to the Rules and Discipline of War, in the Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress.  January 1, 1776 (hand written).

By Order of the Congress,
John Hancock, PRESIDENT
Attest. Charles Thomson Secy
Page 15

Wm. B. Thomas
Poughkeepsie N.Y.
Jany 26. 1859

States services of his father in War of the Revolution, and inquires as to the right of the heirs to a pension.

Respectfully referring to the Comm of Pensions for attention & answer
Dept A&N
Jany 28/57
Moses Kelley
Chf Clk
Page 16

Penna Office
February 13, 1857.

Sir

Your letter of the 26t sent to the Secretary of the Interior has been referred to this office, and you are informed that if your mother was named
prior to the expiration of your father's
service in the War of the Revolution,
and died, as noted in October 1895. Her heir
at her death (crossed out) entitled to a (illegible) each. the date of July 4, 1836, (illegible) March 4, 1831, 


of the ? at the full pay of a Surgeon [illegible] at the rate of $600 per annum.
Page 18

[Note affixed to top left corner
I have no recollection of him. Refer to P.O. &
kindly advise him.
Signature illegible]

January 26th, 1857
Robert McClelland,

My Dear Sir,
Having had the pleasure of your acquaintance many years ago, I take the liberty to address you as a former friend rather than in an official capacity.

I observed in a newspaper a few weeks since that the Secretary of the Interior had decided to grant children of [deceased inserted] Revolutionary widows the amount of pension due from the government. 
My object in writing at this time
Page 19

Pokeepsie
Jan 26th 1857.

To the Honorable
Robert McGilland

My Dear Sir,
Having had the pleasure of your acquaintance many years ago, I take the liberty to address you as a former friend, rather than in an official capacity.
I observed in a newspaper a few weeks since that the "Secretary of the interior had decided to grant, children of ["deceased" inserted] Revolutionary widows, the amount of pensions due from the government." My object in writing at this time
Page 20

is to solicit the very great favor
to have you interest yourself for
me in the matter.
My father, Dr. John Thomas, was
a surgeons mate in the early 
part of the war of the Revolution and was afterwards promoted 
to the office of surgeon. He continued in that capacity until
the army was disbanded and
had the bill proposed the Senate,
which has been postponed 
until next Dec. I should have
partaken of its benefits. 
My father died in 1818. He had 
been placed on the pension roll, but before the first payment was made he departed 
this life. We however need helping
for six months.
My Mother died in Oct 1845.
Page 21

She never received a pension and it appears to me, that it only requires the personal interest of an influential friend like yourself to obtain for me, who would be the only individual interested in the matter, the amount which she ought to have received in her lifetime.
I have been very infirm for several years past, in consequence of which I have been obliged to relinquish my parochial charge and of course have ever since had a very precarious, living. Nor my dear friend could I by any possibility obtain some pecuniary aid from the government [illegible] your kindness, it would be a great relief to a
Page 22

burdened mind, and also a subject of deepest gratitude, for the remainder of my life. I am well aware how much your time is occupied in public duties, but I am sure you will not consider a few hours misspent if employed in the relief of a poor clergyman.

May I ask the favor of an answer at your earliest convenience, and please inform me how I am to proceed in this matter.

I am
Very truly
Your friend
William B. Thomas

My residence is 
Pokeepsie
N.Y.
Page 23

42483 Ma[illegible]
872
Col. Nelson

[illegible]
Pokeepsie June 28 1826

The late Dr. John Thomas of this (illegible) affirms to the war department under the administration to be (illegible) for a pension under the aid to (illegible) of 1817. (illegible) The time in the Army, forwarded to the Secretary of War, his Commission as Surgeon dates ( of when) in 1777. Signed (illegible) John Hancock. The applicant died in 1818. (illegible) his pension (illegible). His family are (illegible) of (illegible). The Commission, & (illegible). Thank you to the  (illegible) to forward me the (illegible) as I presume it can be of no (illegible)  to the Department to the (illegible).
Page 24

To (illegible) of Pensions. 

(Illegible)

William Thomas
Page 25

April 17, 1818

Jim

I have the honor to inform to you the papers of Dr. John Thomas who obtains the benefit of the Pension addressed to the (illegible) to Soldiers of Revolutionary Army. In addition to the (illegible) I have forwarded the service commission under which he acted.

 I have the honor to be his (illegible).

John C. Calhoun 
Secretary of War
Page 26

Depository of the United States
Depository in Bankruptcy
Capital $500,000.00 - Surplus & Profits $185,000.00
American National Bank of Washington
W. T. Galliher President
Colin H Livingstone  1st Vice Pres
H. R. Warfield 2nd Vice Pres
William Selby Cashier
A. C. West Ass't Cash
J.W. Williams Ass't Cash
Edmund L. Wolfe Ass't Cash

1315-1317 F St. N.W.

Washington D. C. Feb. 24, 1910

Hon. James L. Davenport,
Commission of Pensions,
Washington, D.C.

Dear Mr. Commissioner:

This will introduce to you Mr. C. V. Buck, Photographer of this city, with whom I have arranged to have a photograph fac simile made of the Thomas Commission, about which I saw you some two weeks since.  You will doubtless recall the circumstances.  It is the commission about which there has been a good deal of correspondence between your office and Mr. Charles B. Hobbs of New York and I suggested to Mr. Hobbs and Dr. Thomas that they have photographs made of this commission which would to all intents and purposes represent the commission as it now appears and be tantamount to the originals.  I understand this courtesy will be extended to have the photographs taken at the Bureau of Pensions at some convenient time.

I shall be personally obliged if you will allow Mr. Buck, or his representative, to arrange for the making of the necessary negatives.

Thanking you, I am

Very truly yours,
Page 27

(Top Left)
James M Gifford
Charles B. Hobbs
Anton McCook Beard
John D. Fearhake

(Center)
Law Offices 
Gifford, Hobbs & Beard
Hanover Bank Building
5 Nassau Street
11 PIne Street

(Top Right)
Cable "Hobford"
Telephone 1065 Rector

(Stamped) 
Law Division Nov 26, 1909


New York, November 11, 1909

Mr. J. L. Davenport,
Acting Commissioner,
Department of the Interior
Bureau of Pensions
Washington, D. C.

Dear Sirs:

I am in receipt of your favor of November 8th inst., relative to certain Commissions of John Thomas, late surgeon on the Revolutionary War, in File No. 42,483.  I would of course be unreasonable to expect the Bureau of Pensions to part with evidence presented by a claimant for pension, to the attorney of an unnamed person.  I represent Dr. William S. Thomas, of this city, and had expected, of course, to file with you proof of his relationship to the deceased, John Thomas, and such other evidence as you might require so as to be sure that the Commissions were delivered to the party properly claiming them, and this evidence I will gather and submit to you as soon as possible.  Meanwhile, I thank you for your prompt reply, and if you care to advice me of what sort of evidence you will require, I will be very glad to have such assistance;   if you have no particular rule in this regard, then I shall endeavor to submit what would ordinarily pass in a court of law as proper evidence of the facts we claim.

Very truly yours, 
Charles B Hobbs

Stamp 
USA Pension Office
Nov 12 1909
Page 28

(Stamp)
Army and Navy Division Files
Nov 18, 1909
Received

(Stamp)
Record Division
Nov 13, 1909
Page 29

November 8, 1909

Charles B Hobbs, Attorney
5 Nassau Street,
New York, N. Y.

Sir:

In response to your letter of the 3d, received on the 5th instant, relative to the pension claim of John Thomas, late surgeon, Revolutionary War, File No. 42483, in connection with which claim you demand the return of certain commissions alleged to have been filed by the deceased soldier as evidence in his pension claim during the year 1818 in behalf of your client, who, you state, is a direct descendant of said soldier, you are advised that your request is denied on the ground that it is against public policy for this Bureau to part with evidence presented by a claimant for pension upon which an allowance was made by forwarding the name to the attorney of an unnamed person who is alleged, but not shown by any evidence before this Bureau, to be the sole legal representative  of said soldier.

Very respectfully,
Acting Commissioner
Page 30

Law Offices
Gifford, Hobbs & Beard
Hanover Bank Building
5 Nassau Street
11 Pine Street

Department of the Interior,
Bureau of Pensions,
Washington, D.C.

New York, November, 3, 1909

Dear Sirs:

I am in receipt of a letter dated October 27, 1909, addressed to the Hon. C. G. Bennett, Secretary of the United States Senate, and signed by J. J. Davenport, Acting Commissioner, referring to Commissions issued to John Thomas, who served in the Revolutionary War.

In this letter your Department apparently takes the attitude that the said Commissions cannot be removed from the case in which they are now confined; no reason is given why they should not be returned to the people to which they belong, other than the fact that they constitute the only record the Bureau has of the soldier's service.

These Commissions were filed with the claim for pension to John Thomas in the year 1818.  They were the personal property of John Thomas, and never belonged to the Department of the Interior, nor to the Government at Washington, and title to them was never given to the Department nor to the Government.  They were merely filed with the claim for pension to prove proper services, and they are the property of the heirs-at-law of John Thomas, who is now deceased.  On behalf of these heirs, I respectfully demand the return of the papers.  They have a large historical and personal value to my client, who is the direct descendant of the deceased John Thomas, and he insists upon having them returned.  If they constitute the only record which your Bureau has of the soldier's service, I would suggest that you copy them into some proper record book.  Then you will have all that the Department is entitled to.

Of course you will understand that we are quite prepared to prove the right of my client to make this demand, as direct descendant of John Thomas.

Yours very truly,
Charles B Hobbs
Page 31

3-1902
Office of First Deputy Commissioner,
illegible
Department of the Interior,
Bureau of Pensions, Washington
October 27, 1909

Hon. C.G. Bennett
Secretary, United States Senate,
Washington, D.C.

My dear Mr. Bennett:

You personally handed me the letter of your friend Charles B. Hobbs, dated at New Yor, October 17, 1909.  Mr. Hobbs, acting for a constintuent, requests the return to him of two commissions filed with the pension papers of John Thomas, who had served in the revolutionary War.

The commissions referred to are here, but as they are the only record the Bureau has of the soldier's service, they cannot be removed from the case. These commissions were filed with the claim for pension in 1818.

In a letter dated June 28, 1826, William Thomas of Poughkeepsie, New York, called upon the Secretary of War for their return.  Apparently the request was denied.  

On March 29, 1841 certified copies of these commissions were sent from this Bureau to William Thomas. 

On January 26, 1857 Rev. W. B. Thomas wrote a letter relative to pension, stating that his mother, who died
Page 32

Hon. C.G.B.  -2-

in 1848, never received a pension, and intimated that he should receive what would have been due her had she applied.

I do not find that anyone called for information relative to this soldier, from 1857 till September 19, 1909 when Mr.  D. M. Mc Pherson called at the Bureau, and being an employe of the Department, was permitted to inspect the papers. I can hardly believe, however, that he gave out the information relative to the commissions being here, as he knows that all information of that kind should go out over the Commissioner's signature. How did your friend find out about said papers:

Even if these papers were not part of the record, the Bureau would not return them to anyone unless it were positively shown that there was but one descendent of the soldier.

Regretting that I cannot comply with your request I remain

Yours Sincerely
J.L. Davenport
Acting Commissioner.
Page 33

Charles G. Bennett
Secretary,
United States Senate,
Office of the Secretary,
October 25, 1909:

Hon. James L. Davenport,
Acting Commissioner of Pensions:

Dear Mr Davenport:
May I ask your attention to the enclosed letter from my friend, Mr. Charles B. Hobbs, asking for the return of some commissions filed in your Office, and that the request be granted if it comes in the proper form and it is at all possible to do so.  Mr Hobbs is a most estimable and reputable gentleman and will fully appreciate, as will I, any courtesy that you may extend to him.

With my thanks, in anticipation of your kindness, I remain,
Sincerely yours,
Charles G Bennett
Enclosure


(Stamp)
First Deputy Commissioner
Oct  1909
U.S.
Pension Office
Page 34

James M. Gifford
Charles B. Hobbs
Anson McCook Beard
John D. Fearhake

Law Offices
Gifford, Hobbs & Beard
Hanover Bank Building
5 Nassau Street
11 Pine Street

Cable "Hobford"
Telephone 106 Rector

New York, October 19, 1909.

Dear Charles:-
I hope you won't get tired of my writing to you about automobiles and all sorts of troubles; but if you do, then ask me to do something to make up for it.

This time I want something done in the Pension Department at Washington. I imagine you could do it in five minutes but I realize also that there are conditions in Washington that are not familiar to me, and you may think it better to delegate some one else to do it. The case is this: My very dear friend, Dr. William S. Thomas, of this city, has been very busy over his family tree, and he is the oldest son of the oldest son of John Thomas, who served during the Revolutionary War. John Thomas had two commissions from John Hancock, President of the Continental Congress, and both were filed with the Department about 30 years later, when John Thomas applied for a pension. He got his pension, and enjoyed it for a few months, and then died. These original commissions, of course, belong to his family. They were filed by the applicant along with his application for a pension, and for some reason were never returned to him or to any of this family. What my good friend wants is to get these two original commissions, as they have, of course, a historical and personal value to the family and belong to them.

The first commission was issued to John Thomas as Surgeon's Mate by President Hancock, and bore date January 1st, 1776; the second commission was issued to the same party by the same President, dated January 1st, 1777 as Surgeon.

You will find them both filed in Jacket Brief No 872, New York, in the Pension Office. The application of John Thomas for a pension was made about April 16, 1818. He died a few months later. On May 28, 1826, and subsequently on March 20, 1841, his family wrote to the Department asking for the return of these two original commissions, but no attention was paid to their request. Now comes Dr. William S. Thomas, very anxious to get them, and if you will go over to the Pension Office and find Jacket Brief (or envelope ) market 872, New York, you will find those commissions in it, and I cannot imagine any reason why the Government would not return them to the family to whom they undoubtedly belong. Please get them now and return them to me as atty for the family.

Yours very truly,
Charles B. Hobbs
Honorable Charles G. Bennett
Secretary of U.S. Senate, Wash. D.C.
Page 35

11-26-09
Nov.26, 1909
Mr. Charles B. Hobbs,
5 Nassau Street
New York, N.Y.

Sir:
In response to your letter of the 11th, received the 12th instant, relative to your request that certain original commissions issued issued to John Thomas, late surgeon in the Revolutionary War, File No. 42483, be surrendered to his alleged descendant, Dr. William S. Thomas, of New York City, you are advised that in that connection this Bureau will consider a certified copy of any court record which may exist showing the legal determination of Dr. Thomas' rights as the sole heir of the deceased soldier.
Very respectfully,
Acting Commissioner
Page 36

DEPARTMENT OF THE INTERIOR
WASHINGTON

ADDRESS ONLY
THE SECRETARY OF THE INTERIOR

Mar 15 1922

The Commissioner of Pensions.

Dear Mr. Commissioner:
I transmit here with letter addressed to me by Mr. Edwin J. Prindle, inclosing one addressed to him by Dr. William S. Thomas, requesting the return of two commissions issued to Dr. John Thomas, who was a surgeon in the Revolutionary Army, which commissions it is said you have refused to return to Dr. William S. Thomas.
Please advise me how these commissions were received by the Pension Office; whether they are any longer needed or an indispensable part of the records of your office; and what, if any,
objections your office may have to the relinquishment of said commissions.
Please return the inclosures with your report.
Respectfully,
F. M. Goodwrn
Assistant Secretary.
Inc. 7869
Page 37

[underlined] COPY.
Law Offices of
Prindle, Wright and Small
The Trinity Building
111 Broadway, New York.

March 13, 1922.

My Dear Mr. Goodwin:
In accordance with our understanding at the interview which you gave me on Saturday, March 11th , I am stating my request in this 
letter:
Dr. William S. Thomas, a much respected physician of this city, has written me a letter, which I enclose, requesting me to secure for 
him the two commissions of his great grandfather, Dr. John Thomas, who
was a surgeon in the Revolutionary Army.  These commissions were, I  think, signed by George Washington.  At any rate, they are, naturally, very highly prized by Dr. Thomas, and I sympathize with him in his de-sire to obtain them back from the Pension Office.  He has asked that of-fice to to give them to him, but was refused, on the ground that they had
been added to a collection of such historical document which has been made in the Pension Bureau.  Manifestly this reason does not give the office legal title to the documents, nor moral title, and I do not doubt that an action in the Court of Claims would result in obtaining them.
But, wholly aside from questions of legal right, I wish to ask if, without considering it a precedent, you will not be good enough to
see that the commissions are returned to Dr. Thomas.  These documents are only one of a great many to the Pension Office collection, but to Dr.Thomas they mean a very great deal.  I would personally very deeply appreciate your returning them to Dr. Thomas.
Very truly yours,
Signed, Edwin J. Prindle
To Hon. Francis M. Goodwin
Asst. Secretary of the Interior
Washington, D.C.

Enclosure.
maf
Page 38

[underlined] COPY.
Dr. William S. Thomas
140 West 71st St.
New York.     

February 28, 1922.

Edwin J. Prindle, Esq.,
111 Broadway,
New York City.

Dear Mr. Prindle:

  I request that you take steps to secure for me from the files of the U.S. Patent Office, the two commissions of my great Grandfather, Dr. John Thomas who was a surgeon in the Revolutionary Army. 
  These two papers were forwarded by him as additional evidence in support of his claim for a pension in 1818.  They do not constitute 
the main evidence, for this exists in his affidavit as to service and in an accompanying statement by Judge Van Ness, of a Dutchess County, N.Y., court of record.  The said affidavit and statement are filed with the other papers in this case in the Pension Office.  The U.S. Government also possesses many other records which I have seen, showing the army
service of Surgeon John Thomas.
   My interest in these commissions lies in the fact that I am the eldest male branch of Dr. Thomas's descendants.  As such I represent him in the Society of the Cincinnati, of which he was on of the founders. As such also, I have the custody of his relics, viz., family bible, papers
instruments, etc.  There is not nor has there ever been any contest between members of the family for the possession of these commissions.  If they are returned to me, I shall be ready, if so required, to furnish a bond insuring their restoration to the Pension Office on demand by
the Commissioner of Pensions.
These papers were never rightfully the property of the U.S. Government, but belong to Dr. John Thomas and his descendants.  I now, as
the only son of his only son's oldest, make application to have them
returned to me because I believe myself to be their rightful and logical custodian, acting for my family.
Very truly yours,
Signed, William S. Thomas.

Copied maf
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Department of the Interior
Washington
Apr 5 1922

Copy for information of  Pension Office

Mr. Edwin J. Prindle,
Trinity Building,
111 Broadway,
New York, N.Y.

My dear Mr. Prindle:

Referring to your letter of March 13th, requesting, on behalf of Dr. WIliam S. Thomas, the return from the files of the Pension Office, two commissions issued to one John Thomas, as surgeon's mate and as a surgeon in the Revolutionary Army, I transmit herewith for your information a copy of the report of the Commissioner of Pensions, dated March 17th, relative to this matter.

Inasmuch as these commissions are part of the record in the pension case of said John Thomas, and the only evidence of his service, I agree with the Commissioner that the same cannot and should not be returned or forwarded to Dr. Thomas. 

Dr. Thomas's letter to you is herewith returned.

Respectfully,

(Sgd.) F. M. Goodwin
Assistant Secretary.

Inc. 7877
Copy to Pension Office.
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Top Left Corner: March 27, 1922

Honorable F.M. Goodwin
Assistant Secretary
*of the Interior

Dear Mr. Goodwin:

     I have your letter of the 15th instant, with enclosure addressed to you by Mr. Edwin J. Prindle, Attorney of 111 Broadway, New York, and a letter addressed to him by Dr. William S. Thomas, of 240 W. 71st St., New York City. Said enclosures are herewith returned.
     Dr. Thomas is seeking to have delivered to him two commissions issued to an ancestor John Thomas, one on January 1, 1776 as a surgeon's mate, and the other on January 1, 1777 as a sur-geon in the Revolutionary Army. These commis-sions were filed by John Thomas in his claim for pension as evidence of his alleged service.
     Under date of June 28, 1826 William Thomas, of Poughkeepsie, N.Y., son of said John Thomas, called upon the Secretary of War, then custodian of said commissions, to forward them to him. The Secretary of War denied this request.
     On March 20, 1841 William Thomas again request-ed that his father's commissions be sent to him and if that be impossible that he be furnished with cer-tified copies thereof. His request for the commis-sions was denied and certified copies were furnished to him on March 29, 1841. Rev. William B. Thomas of Poughkeepsie, N.Y., under date of January 25, 1857 wrote a letter rela-tive to his right to a pension on account of the service mentioned above of his father, said John Thomas.      He made no mention of the commissions at
Page 41

that time.

Charles B. Hobbs, of New York City, attorney for Dr. William S Thomas, the present petitioner, sought in October, 1906, through Charles G. Bennett, Secretary of the United States Senate, to assure these commissions. Dr. Thomas claimed to be a direct descendant of John Thomas. Mr. Davenport, then Commissioner of Pensions, wrote to Mr. Bennett that,

"The commissions referred to are here, but as they are the only record the Bureau has of the soldier's service, they can not be removed from the case. These commissions were filed with a claim for pension in 1818. x x x  Even if these papers were not a part of the record, the Bureau would not return them to any one unless it were positively shown that there was but one descendant of the soldier. x x x  Regretting that I can not comply with your request, I remain".

Mr. Hobbs then on November 3, 1909 made a direct demand upon the Commissioner of Pensions for the forwarding of these commissions to Dr. William S. Thomas as a direct descendant of John Thomas, stating that,

"We are now prepared to prove the right of my client to make this demand".

Mr. Hobbs was informed that it was against public policy for this Bureau to part with the evidence presented by a claimant for pension upon which an allowance was made by forwarding the name to him for a person who was alleged but not shown to be the sole legal representative of said soldier. Mr. Hobbs replied that he represented Dr. William S. Thomas and intended to submit proof that he was entitled to receive the commissions as sole heir of the soldier. The matter rested there, however, until receipt of your of the 15th instant. 
  
These commissions continue the main and in fact the only evidence of the soldier's service other than his own statements. There is nothing else in the case showing the service of said surgeon. The commissions were signed by John Hancock as President of the Congress, and not by George Washington. At no time has this Bureau stated that the commissions were held as a 

2
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part of any historical collection. In fact they are kept in the envelope with the rest of the files pertaining to this case as part of the record in the claim. the commissions were filed by the soldier himself as evidence of his service and were required for that purpose, and are the best and only evidence on the most material point in the pension claim, hence they were and are indespensible for that purpose and to a complete record in the case.

The petitioner has not shown, even if the Government would part with the commissions, that he is exclusively entitled thereto. Therefore there appears to be no reason why this Bureau should change the attitude heretofore assumed by the Government, and it is believed the commissions should remain where they are.

Respectfully,
Washington Gardner
Commissioner.

JP/aca
Page 43

Top Left Corner: The National Archives/Form VAM-51/12-5-41
Top Center: Bounty Land Warrant Record Card*
Top Right Corner: Division of Veterans' Administration Archives

Name (signed) Thomas, John   Grade (hand written) Private   Line (hand written) Maryland
Warrant Number (hand written) 11766   Acreage 100   Issued (hand written) January 21, 1795/ To John Faires, assignee

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800 which are resgisters of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subse-quent dates. Other records relative to the applications for warrants appear to have been destroyed din the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in the National Archives.
Page 44

Top Left Corner: The National Archives/Form VAM-51/12-5-41
Top Center: Bounty Land Warrant Record Card*
Top Right Corner: Division of Veterans' Administration Archives

Name (signed) Thomas, John   Grade (hand written) Private   Line (hand written) Maryland
Warrant Number (hand written) 11768  Acreage 100  Issued (hand written) November 29, 179? (Torn)/To John Gordon, Adm (symbol unreadable)

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subse-quent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.