Revolutionary War Pension and Bounty Land Warrant Application File R. 12,123, Robert Andrews, Va
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Va    Andrews, Robert   R. 12.123
    Va half pay
N.A. Acc. No. 874
Rec No. 050004 Half pay
Robert Andrews
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July 28 1842
Register's office,
copies of papers on file in the care  of Rev. Robert Andrews
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City of Richmond
   This day Lewis Burwell personally appeared before me a Justice of the Peace as for the City aforesaid and made oath that he was well acquainted with the Rev Robert Andrew of Williamsburg who was a chaplain to one of the Virginia Regiments during the War of the Revolution.
He further made oath that the said Andrews acted as Chaplain at and after the siege of Little York - that he heard him preach to the troops and thinks he was thanked in General order for his patriotic services after the surrender of Lord Cornwallis. The Affiant was himself a member of a volunteer troop of hand which remained with the army during the whole siege     Given under my hand this 3rd day of June 1833      Martin Drewey.

Auditors office Richmond June 7 1833
I do certify that I am well acquainted with Colo Lewis Burwell the within named affiant, that he is a highly respectable and Venable citizen, and that I have entire confidence in his veracity Jas E Heath

Virginia City of Richmond to wit
I Thomas C Howard Clerk of the Court of Hastings for the said City do verify that Martin Drewey whose name is subscribed to the foregoing certificate is a Justice of the Peace in and for the said City and a member of the Court of Hastings thereof
   In testimony whereof I hereto set my hand and affix the Seal of the Law Court oaf Hastings this seventh day of June one thousand eight hundred and thirty three.
[Seal]  T C Howard

In reference to the decease of the Rev Robert Andrews formerly professor of Mathematics in the College of William & Mary I hereby certify that the last time he is noted as present in the society according to the then book of records was Dec 17 1803 and that according to the minutes of the board of directors held Feby 14.th 1804, the faculty was then authorized to appoint a teacher of Mathematics in the loom of Robert Andrews dec'd!
July 22 1833  A Empice Pres of Wm & Mary College
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The Rev Robert Andrews was appointed chaplain to the 2nd Virginia Regiment, commanded by Colo Gibron at an early period of the Revolutionary war, and was subsequently transferred to the first Regiment of State Artillery, commanded by Colo Mayhall, and continued to act as such until the year 1780 when the Regiment being broken up into detachments, for different Garrisons, and a portion of it sent to reinforce the southern army under General Greene the staff of the Regiment was declared to be supernumerary by the Legislature - By reference to the proceedings of the board of officers which sat at Richmond by order of the Execution of which Colo Marshall (the Commander of this regiment) was president it will be seen that they notice particularly the  case of Dr. Pope surgeon & Mr Andrews Chaplain, both of whom contended that the resolution of the Legislature (which was to save expense) only reduced them to the State of supernumerary. The board did not determine, but referred the decision to the Executor:  Very recently Dr Popes claim  has been allowed ( by the late Secretary of the Treasury) and the heir of Mr Andrews hope for a similar result in their case, as it Is precisely analogous, both belonging to the same regiment & both by the resolution of the Legislature becoming supernumerary at the same time.
    The supernumerary officers were when the State was invaded by Phillips  and Sinoto again called into service, and continued  therein until the capture of Lord Cornwallis.  Mr Andrews was in  service at the siege of York, and received thanks in a  general order for his patriotic services. These services were not performed in the Regiment of Artillery to which he had belonged, because it was not at the siege, having as before stated, been distributed at different places.
  Mr. Jeffersons letter to Baron Stueben filed herewith shows that the supernumerary officers were called into service when the state was invaded - Mr Andrews obeyed the call and according to the decision of the Court of Appeals was entitled to half pay for life - All which is respectfully submitted 
    Wm Lambert
     Thos Green    
Attorneys for the Heir
Washington   17 June 1833
Endorsed they allowed half pay as a Chaplain from the 19 October 1781 to the 1 January 1804  -  W T Duane, Secy of the Treasury 
17 Aug 1833 to be paid to the attorney of the Administrator
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Viriginia
   At a circuit Superior Court of Law and Chancery held for Henrico County  May 15 1833.
  It being proved to the satisfaction of the Court it is to be certified that the Reverend Robert Andrews who is said to have been a Chaplain of the army of the Revolution died since the year 1800 leaving five children to wit; Ann, Elizabeth, Catherine, Robert and John Andrews; that the said Robert Andrews subsequently died, intestate  and without issue, his sisters and brothers, the said Ann, Elizabeth, Catherine & John are his only heirs; Ann intermarried with Willian Randolph who is now dead,  subsequently the said Ann herself died leaving two children, Robert Randolph, and Catherine Randolph. The aforesaid Catherine Andrews intermarried with J B Wilkinson - the Court therefore certifies that the said Catherine Wilkinson, Elizabeth Andrews, and John Andrews and the said Robert Randolph and his sister Catherine now Catherine Taylor are the only heirs at law of the aforesaid Robert Andrews deceased.

Virginia Henrico County Court
I John Robinson Clerk of the Circuit Superior Court of law and Chancery for the said County of Henrico, in Virginia aforesaid  do certify that  the above is a true transcript from the records of the said Court  {Seal]
In testimony whereof I have hereto set my hand and annexed the Seal of the said Court, at Richmond this 12th day of June one thousand eight hundred and thirty three
J. Robinson

Treasury Department
Registers Office  July 28. 1842
The aforegoing are true copies of the originals on file in this office, with others per report no 63.506.
Mich'l Nourse for the Register
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Washn.  Aug. 1, 1842.
Henry Northup
Appeals from decision of Pension Office on claim of admr of Robert Andrews.
N24. Rec Aug 1, 1842.
Pension Office 

The Honorable 
The secretary of War 
Present
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Washington City   1st of August 1842
Honorable Sir
  Some days ago I as the agent of the attorney of  the Adm on the estate of the late Robert Andrews Chaplain of the Virginia State line of the Army of the Revolution presented to the Commissioners of  Pensions the paper on power of attorney of the administrator for the amount of half pay due in right of said  deceased for his services as Chaplain aforesaid and payable by the United States under the third section of an Act of Congress of the 5th of July 1832 entitled An Act to renumerate Virginia. Claiming in the papers now presented that this claim when audited some nine years ago was erroneously paid to wit a sum much less than the sum actually due was paid by the department at  that time and this application was for the payment of the difference between the sum actually due and the sum received - the whole facts were so clearly set forth with the law that I had not for one minute have dreampt of an adverse report when to my regret I received yesterday a letter from the commissioner of Pensions of which the following is a copy (thus) " pension office July  29th 1842. Sir. I have examined and filed he papers depicted now in the case of the late Revd Robert Andrews, It appears that Mr Andrews was a Chaplain in the Virginia Regiment of State Troops commanded by Col Marshall and that he became a supernumerary officer in January 1780, half pay has been allow to the Adm of Mr Andrews from the 19th of October 1781 to the 1st pf January 1804 when he died. He was allowed by the treasury department the same pay as a captain of infantry and higher pay is now asked. I have no power to (illegible due to fold in letter)... Secretary of the Treasury but if I possessed the power I should not allow the claim because there has already been paid more than the law allows.   The Act of Virginia Legislature gave to the regimental chaplain the same amount per month which the chaplains of  the Continental army received and their pay was only $33 1/3 per month as will be seen by reference to the  resolutions of Congress of the 5th of July 1776. Captains of infantry  were allowed when finally setted with at the rate of forty dollars per month. The claim of the administrator of Mr Andrews cannot be allowed  I am respectfully  .Mr Henry Northrup    Your obdt servt            I L Edwards 
Such sirs is the letter of the Commissioner of Pensions in reply to this claim. And as herein such letter states that the party has been paid more than the law allows'  There fore rendering it a question of law.   I have asked of the Commissioner an appeal to you for your approval or rejection and if in your  oppinion a point of law is involved that the same may be referred to the attorney General the law officer of the United States for his opinion.

In order to show  as I believe the fallacy or erroneous  conclusions  of the Commissioners of Pensions it will be necessary to advert to the several  resolves of Congress prior to May 1779 when this Va half pay act passed and the Acts of Va passed prior to 1782 relative to have State Troops  & (illegible). 1st commencing with the resolve  of Congress of the (day unclear) June 1775 it will be seen that the pay of Captn was 20 dola per month  Lts 13 1/3 dols per month. again by resolve of 27th July same year Hospital Phisicians & .(illegible) were appointed The pay of a Surgeon 1 1/3 dollar per day and mates 2/3 of a dollar per day. Again on the 29th two days afterwards
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they resolve that the pay of a Col shall be $50. Lt Col $40 Major $33 1/3 a Capt $20.  Lt 13 1/3. Ensigns  $10. Chaplains $20 Capt of Artillery    $26 2/3 per month - It is next seen by resolution of 5th June 1776 that the pay of Regimental  surgeon be augmented to $33 1/3 per month" clearly giving that prior to this augmentation the pay must have been  much less per month. to wit by resolution of 8th Dec previous it was fixed at $25 per month - again this resolution to which the commission reform for the pay of Chaplain on the 5th July 1776 provides " that a Chaplain be appointed to each regiment in the Continental army and that their allowance be increased to $33 1/3 per month " there by this verry resolution to which the commissioner refers the pay to Chaplain was raised from that of a Captain to that of Major (see the several resolutions)


[the following paragraph has been crossed out]:
The next resole is of 27th  May1777 when Congress resolves in future there be only one Chaplain allowed in each Brigade of the army and that such Chaplains be appointed by Congress and allowed that same pay rations and forage of a Colonel in said Congress"  and from this time there were no regimental Chaplains in the Continental Line   On the 18th of September 1777 Congress resolve that Chaplains be appointed to the hospitals in the several departments and that their pay be each $60 per month [end of crossed out  paragraph]

Again see the notation of the 14th of March 1777, where Congress provide that a regimental Chaplain of Cavalry shall have $50 per month and the pay of Artillery have never been less than that of Calvary.
  Again in resolution of 11th of April 1777, providing that Regt Chaplains shall have $40 per month - this was at the pay of Lt Col     Again see resolution of 23rd of April the same year paying Revd John Neveling for one month and  six days at fifty dollars per month and here Regt Chaplains - for on the 27th May 1777 Congress resolve "that for the future" there be only one Chaplain allowed in each brigade of the army Va. that "each brigade Chaplain be allowed the same pay rations & forage of a "Col in the said Congress"  Again in Journal of 8th of August 1777, where is paid Chaplain Rev'd John Hart of Virginia Regts five months and twenty six days to 28th of April past at $41. 60/90 -  this was as Regt Chaplain before the resolution to brigade Chaplain . Again in 27th Dec 1777 where $400 was advanced him as Brigade Chaplain - See Journal of 15th Sept 1777 which provides that hospital chaplains shall have sixty dollars per month yet during all this period the pay of the field and platoon officers of the infantry appears to be the same as on the 29th of July 1775 while chaplains and surgeons had been raised to sixty dollars and upwards per month I will not follow this subject further through the Journals of Congress having clearly shown that on 15th of Septm 1777.  Hospital Chaplains were paid $60 per month and surely augmented Chaplains could not have been less but Congress had them provided that there should be no regimental chaplain in the Continental army - It is a fact which I believe is too well known to require any references that as the war progressed the pay of  the officers and surgeons was never reduced but if any  change took place it was allways in increasing the monthly wages -- Having now I learn the monthly pay of  Chaplains VA from July1775 to Septm 1777 with the progressive increased monthly pay and  all of this before those Virginia  state line officers were in the service of Virginia or VA had made any provision relative  to giving them half pay -
I will now show the laws of Virginia to wit as early as July1775  see Hennings statutes at large statues Vol 9 page  14  Va gave Chaplains $1 2/3 per day again on pager 15 same volume prescribing how they are appointed again see page 76 on same subject - again on page 79
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and again page 83. showing the pay of Chaplains & - and again on pages 278 & 9 for raising a Regt of artillery appointing Chaplains with their pay - again in pages 346 & 348 of same volume or Chaplains & their pay and this cut was at a period when there were no Chaplains in the Continental regiments - again in page 448 same volume for Chaplains and their pay - again  see pages 452 & 493 provides that the officer of the  State artillery have the same pay and induments  of the Continental troops
We now come to volume 10 of Hennings Statues concurring with 1779. And first  I refer to pages 18 & 19 where Chaplains are provided for and it is declared that the pay officers and soldiers  shall be the same as in the Continental line - Again page 25 of same volume gives half pay for life and innumerates Chaplains - 
Again see page 141 of same 10th volume provides that Chaplains surgeons & surgeons  mates serving three years shall be intitled to the same land of (illegible) drawing the same pay and rations.
Such sir are references to the resolun of Congress from Jul 1775 to Septm 1777 showing the pay of Chaplains. And also the laws of Virginia from July 1775 untill October 1779 showing pay per month to those officers to wit the same as in the Continental line which was from & after Septm 1777 $60 the pay of Hospital Chaplains and $75 the pay of a brigade Chaplain  -  also I have refered to the clause giving chaplains surgeons & surgeons mates the same amount of land of officers drawing the same pay and rations and by reference to the land issued by VA to her officers and  (illegible) a copy of such issues I presume are with Coln Edwards (they surely are with  Mr Gordan) and by a reference to them it will be seen that from 1782 untill present day Lt Cols, surgeons and chaplains have each drawn like quantity of land ( illegible - each) [crease in page blocks words] and rations. Yet the commission with all this evidence has stated that he had been paid too much when paid half pay at $20 per month instead of either $30 or $37 90/100 per month as the case may be.  if he acted as Regt Chaplain at York the half pay would be $30 per month. If he acted as Brigade or army Chaplain  of which there can be no doubt the half pay would be 371/2 dols per month
  It is painfull and unpleasant to trouble you with an appeal from the commissioner in almost every case but I have no alternative probably four fifths of all my business for the last eight years It has been my misfortune to view the case different from the commissioner and ask an appeal in which I have most generally been certained.
  I yesterday asked of the commissioners an appeal to you and as it is a point of law to wit to decide the amount of half pay this officer became untitled to. May I ask of you to do me the kindness to examine this case at as early a day as you conveniently can and refer the same to the attorney general for his opinion unless you should be satisfied of the Justice of this claim
  I remain  sir yours Respectfully
    Henry Winthrop
  
P.S. If there was an error committed in auditing this claim in 1833 by either over paying or under paying surely the department have the power and right to correct the error. and it will at once be seen that an error was commited of either $2662 or of $4660 according to which rank he shall be paid to wit as Regt. or Brigade Chaplain
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memorandum for Commissioners of  Pensions
Robert Andrews was Chaplain to Marshalls Regiment of State artillery and acquired a right to half pay at the rate of sixty dollars full pay per month from the day of the surrender of Cornwallis to the day of his death equal $7993 96/100 instead of which the adm was paid in Augt or Septr 1833 the sum of $5329 31/100 precisely two thirds of the amount to which  he was actually intitled. His Adm now applies for the ballance (ink blot) and unpaid and for the 
substantiation of which the following points of law are referred to
  1st see Hennings Statues at large vol 10 page 25. providing for all "Chaplains phiscians surgeons & surgeons mates appointed to the said Battalions & again see same volume page141 which provides that Chaplains &  shall have the same land of officers  receiving the same pay and rations. now it will be seen  that all surgeons & chaplains have (illegible). the land of Lt Cols to wit 6000 acres each - again see same volume page 467 gives  the same officers of the state line from 1777 of officers of the Continental line and see Journal of Congress Vol 2 page 141 Chaplains to have the pay of a Col and again see pages 269 & 70 Chaplains in hospitals to have $60 per month.  Revd Robert Andrews if paid as chaplain of the army would be intitled to pay at the rate of 75 dols per month but paid at the rate of hospital chaplain it is $60 per month and surely his half pay cannot be (illegible) at less than at the rate of $60 per month full pay, See the remarks  of the Board of officers that sat from 6th to the 14th of Febry1782 to be found with the papers in the report of Mr Barbour to the House of Representatives in the Spring of 1832 accompanying the Bill to renumerate Virginia whence  Chaplain Andrews is specially referred to -  this claim was audited at the treasury in 1833 and two thirds of the amount to which the party became intitled paid.  An error is allways corrected at the departments who whether under or over paid  You have (illegible)  done this in many cases  I will name some to wit Col T Doltan Wm Roberts, Henry Dering & &   Please advise me of anything that may be required at any time in support of this claim
   Henry Winthrop
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Record Division.
                  December 14, 1908

Miss Alethea M. Ringo,
#405 East Hickory Street,
Kirkville, Mo.
Madam:
     In reply to your letter dated the 1st and received the 3" instant, you are advised that from the papers in claim R. File No. 12,123, it appears that the Rev. Robert Andrews of Williamsburg, Virginia, was appointed at an early period of the Revolutionary War, Chaplain of Colonel Gibson's Second Virginia regiment, and was transferred to Colonel Marshall's First regiment Virginia State Artillery, in which he served until he retired as a supernumerary; he afterwards served as Chaplain at the siege of Yorktown until the capture of Lord Cornwallis, and was allowed half-pay from October 19, 1781 for life.
       Rev. Robert Andrews was also Professor of Mathematics at William and Mary College; he died January 1, 1804 leaving only five children:
Ann who married William Randolph, Elizabeth, Catherine who married J.B. Wilkinson, Robert who died without children, and John.
       In 1833 the only heirs of the Rev. Robert Andrews were: his children Catherine Wilkinson, Elizabeth and John Andrews, and grandchildren Robert Randolph and Catherine Taylor, who were the orphans of Ann (Andrews) Randolph.
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R. File No. 12,123.--2.

   You are further advised that in order to identify a claim for pension which may have been filed on account of the services of James Morgan, some of the following data is essential;  place of residence at enlistment and after service, approximate dates of birth and death, given name of widow.
    Very respectfully,

Commissioner.
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1908 Dec, 14. Hist to.
Miss Alethea M. Ringo

No. 12123
Act of July 14, 1862 [crossed through]
REJECTED  [crossed through]

Robert Andrews
Chaplain
Va Arty
Revolution

Discharged ............., 186     .

3001
Hf Pay - Act '32
Received ...........187     .
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[postmarked Richmond Va.]  Dec 10 '47   FREE
Rev R. Andrews   5 July 32
J L Edwards 
Commr of Pensions
Washington DC
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Letters
Half pay - 
Rejected Oct 1837
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[postmarked Richmond Va.  Nov 23]
Nov 27/44  FREE
Mr Jos L Edwards
Commissioner of Pensions Washington -
Geo Taylor
1/2 pay
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Robert Andrews, decd
act 5 July 1832
Rejected

Claim for [paper torn]
not allowed
Robert Andrews
comitted. Act July 5 1832
Set to Sec: War Aug 3. 1842
do to H Northrup Aug 6. 1842
do to same Aug 8. 1842
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Andrews half pay
Rev. Robert Andrews
half pay case
Act 5 July 1832

Letter to Henry Northrup July 29. 1842
   "  Secretary of War Aug 3d  1842
   " Henry Northrup Aug 6. 1842
   " same person  Aug 8 1842
   "  T. Greene ... Dec   3d 1847

Letter Jul 29 1842    Aug 3. 1842  Aug 6. 1842 & Aug 8 1842  copied & sent to H. Northrup Nov 3 1848   do. to acting Sec. of the Interior  April 21. 1849

Rejected
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Inc Yeates
Rob Andrews
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The last to payment Wm Yeates was made upon the decision, which  appears in the first payment to him under act of July 5. 1832, as per report No 61.421  Aug 3. 1832.-  filed in Registrars office - 
In the case of Robert Andrews the papers were sent to the Pension office on 15th November1848 and do not now appear on the files of this office
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Certificate of Administration
Williamsburg, Va
July 20. 1842
Clerk's certificate of the appointment of George Taylor as Administrator on the Estate of Rev.d Robert Andrews
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Virginia  City of Williamsburg to wit -
I John Mann Clerk of the Hustings Court of the City of Williamsburg and state of Virginia aforesaid .  Do hereby certify that George Taylor qualifies as the administrator de bonis non on the estate of the Rev.d Robert Andrews with the will annexed with Robert Randolph as his security in the Penalty of Fifteen thousand dollars on the 22nd day of July in the year 1833 and is still the administrator -
    In testimony whereof I have hereunto set my hand and affixed the seal of my office this 20 day of July 1842 in the 67th year of the Commonwealth
John Mann C.H.C.
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The United States 
To Robert Andrews a Chaplain in the State Artillery Regiment in the Virginia Line commanded by Col Marshall) in the Revolutionary War.
For his half pay from 19th October 1781 to the 1st January 1804 as p decision of the Secretary of the Treasury endorsed in the Envelope of the Documents herewith in pursuance of the third Section of an act of Congress "to provide for liquidating and paying certain claims of the State of Virginia", -approved 5th July 1832. being 22 years 75 days at £ 72 -Virginia currency, equal to $240 - p annum, amounting to dollars 5329 31/100 - by act of Congress of 8th May 1781  Vol: 3 Page 617 - Chaplains entitled to the Half of Captains for life.
ditto - 16th May 1783  Vol: 4 Page 222 Commutation in lieu of half pay to Chaplains & Officers of Hospital Department & Medical Staff to be calculated by what they are respectively entitled to by the Resolutions of 17 Jany & 8th May 1781 - 
ditto 27 May 1778 Full pay of a Captain of Infantry $40 p month 480$ p annum half pay 240 dolls equal to £ 72 Virg'a currency p ann
By Hennings statutes of Virginia at Large, in office of the Secretary of the Treasy
the pay of the officers on the Virginia Line {Vol 10 page 19} the same in the Continental army -
George Taylor appointed administrator De Bonis non on the Estate of Robert Andrews -22nd July 1833 - 
George Taylor Power of Attorney to William Lambert of Richmond Virginia dated 24th of July 1833
  Auditors office August 19th 1833(signed) Wm. Parker

over
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Chaplains paid under the act of Congress of 15th May 1828 Same as Captains of Infantry - see cases of John Barnett & William Plumbe  No. 653 & 656
Comp's office 20th August 1833

Treasury Department Register's office 29th October 1847
I hereby certify that the within is a true copy of the original on file in this office 
  Daniel Graham   Register
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Richmond Va,
July 16 1842
Power of attorney from Geo. Taylor to Henry L. Brooke


Power of Attorney
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Know all men by there presents that I George Taylor of the City of Richmond Virginia  administrator de bonis non an the Estate of Robert Andrewes late of the City of Williamsburg Virginia do here by constitute and appoint Henry L. Brooke my true and lawful attorney with power of substitution  for me and in my name as administrator aforesaid to ask demand and receive from the proper office a Department at Washington City any further account of half pay which may appear to be yet due and unpaid in right of the services of the said Robert Andrews as a Chaplain to the Regiment of Artillery of the Virginia state piece of the army of the Revolution and which by and under the third section of an act of Congress of the fifth of July 1832 "Intitled an act to renumerate Virginia" the same is made payable by the United  States at Washington City. And my said attorney is hereby authorized and empowered to take (illegible. fold in paper) ... the recovery of the same which I myself could do were I personally present   In witness of which I have set my hand and seal this 16th day of July 1842        George Taylor
Witness 
State of Virginia 
Henrico County    Personally appeared before me the submember a Justice of the Peace in and for the  said county and city of Richmond  George Taylor  Signed and sealed to the foregoing power of attorney and acknowledged the same to be his voluntary act and did for the purpose  therein named signed  sealed and acknowledged before  me this 16th day of July1842  
L. Carrington

Virginia, City of Richmond, to wit:
I Charles Howard, Clerk of the court of Hustings for the fair city of Richmond,  do hereby certify certify that Littleburg Carrington, whose name is subscribed to the  foregoing certificate, is an aldermen and ex officio Justice of the peace in and for said city, and a member of the court of Hustings thereof, and I believe his said signature to be genuine. In  testimony whereof I have hereunto set my hand and affixed  the seal of the said court of Hustings, at the courthouse in said city, on this 16th day of July in the year of our Lord one thousand eight hundred and forty two.
     Chs. Howard, clk.
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The United States Dr.
To Robert Andrews a Chaplain in the State Artillery Regiment in the Virginia Line Commanded by Col Marshall in the Revolutionary War.
For his half pay from the 19th October 1781 to the 1st Jany 1804  as p decision of the Secretary  of the Treasury endorsed on the Envelope of the Documents herewith in pursuance of the third section of an act of Congress "to provide for liquidating and paying certain claims of the State of Virginia," approved 5th July 1832, being 22 years 75 days at £72 - Virginia currency, equal to 240$ p annum, amounting to - dollars 5329.31

By act of Congress of 8th May 1781: Vol, 3 page 617 - Chaplains entitled to the half of Captains for life
Ditto " 16th May 1783 Vol. 4 page 222 - Commutation in lieu of half pay to Chaplains & officers of hospital departments & medical staff to be calculated by what they are respectively entitled to by resolutions of 17th Jany & 8th May 1781.
Ditto " 27th May 1778 Full pay of a Captain of Infantry $40 p month $480 p annum half pa 240 Dolls equal to £72 Virg'a Currancey p annum
By Hennings Statute of Virginia at Larger, in office of the Secretary  of the Treasury the pay of officers on the Virginia Line (Vol 10, page 19) the same in the Continental Army -
George Taylor appointed administrator De Bonis non on the estate of Robert Andrews - 22 July 1833 -
George Taylor Power of Attorney to William Lambert of Richmond Virginia dated 24th July 1833 - 
Auditor's Office August 19th 1833
(signed) Wm Parker
Comptroller's office August 20th 1833
(signed) Wm Anderson
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Treasury Department
Register's Office 4th October 1848
I hereby certify that the within is a true copy of the Statement of afc. No. 63,506 on file in this office --
                David Gorham   Register

Robert Andrews  B.
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Memorandum
George Taylor as administrator on the estate of Chaplain Robert Andrews, applies for the amount of half pay. now actually due and unpaid, in right of said deceased.
That the payment heretofore was erroneous, it is only necessary to examine the papers on which the claim was originally paid and see the amount there paid - The claim is a Virginia half pay claim, and by express letter of the 3d section of the act of Congress of the 5th July 1832. it is expressly provided " That the Secretary of Treasury shall and it can pay the half pay claims of those who have not prosecuted to judgment, and became entitled agreeably to the principles of the decision of the Supreme Court of appeals of Virginia" - such is the law - the Court of appeals decided all supernumerary officers, entitled to half pay, to commence with the time of their leaving the service, further the legal representative, to wit, the Executor or Administrator alone could draw this half pay - The Act of Va of May session 1779. See Henning's statutes at large Vol. 10, page 25, giving half pay, expressly says "to commence with the determination of their command or service." -
Now see document No. 191 being the report of  John L. Barbour to the house of representatives, on which this bill passed, where will be found the report of the board of officers, which sat in
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February 1782, of which Thomas Marshall Col of the Reft of State Artillery was the President,  -and see at page 89 of this report, where it is expressly stated that Chaplain Andrews, became a supernumerary in October 1779 - yet in settling this account with the evidence before them, that he became a supernumerary in October 1779, they have commenced the half pay in October 1781, instead of October 1779, and at the rate of $240 per year, instead of $360 per year, to which he was by law entitled - The law says half pay for life - and is only to look at the amount of pay received from June or July 1779 (and he was not in £service earlier) - see the Certificate of the Auditor showing the commencement of pay, Mr. Smiths account, and the first time Chaplain Andrews is found in the roll is 19th August 1778, when paid at this time, he surely was paid all that was due him up to 20th September 1779 - he has been paid £184, equal to $613.33 in pay, and on the 14th April 1783, he is paid a ballance of account  £214.8.3  to equal to $713.66 - Now sir it only necessary to make the calculation when it will at once be  found that Chaplain Andrews was paid at the  rate of $60 per month, to wit, from June or July 20th Septr 1779 - he was not in service earlier than June or July 1778, he is no where to be found earlier than that day and as before said when paid on 19th August 1778, he surely was paid for commencement of his service - 
But to put this mater at rest, see Hennings statute at
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large Vol. 10 -page 141 - where it is expressly provided that Chaplains Surgeons & Surgeon mates should receive the same number of acres of land of persons drawing the same pay - again look at Vol 10. page 160, and it apportions the land to officers, and it will be there seen that a Lt. Col. had 4500 acres - again look at Vol 10. page 375, where the quantity of land was increased one third to officers - then a Lt. Col. of Infantry drew $60 per month pay; surgeons & chaplains the same, and each and every of them drew 6000 acres of land - 
You sir have a list of the issues of land warrants by Virginia in your office to which I refer you where you will find that each and every chaplain drew 6000 acres of land the same of a Lt. Col, hence they recovered that same pay - 
I refer you to the list of Chaplains - that Robert Andrews Alexander Bolmain, John Braidfoot, John Cordelle, Francis H. Dunlop (those two drew in 1836 or early 1837) David Griffith and John Hurst, this showing clearly and conclusively that they were paid at the rate of $60 per month, the same of a Lt. Col - and several of  them received more than 6000 acres, being the proportion due for the excess of time, between the time of commencement and 3rd of Novr 1783, the time Congress declared the War to be at an end - and this addition was due to a supernumerary, if more than six years from commencing, the same as if in service to the end of the war
Page 32

As all supernumeraries were equally entitled to land from the United States and Va., whether they served three months or three years - they were liable to be ordered into service again at any time wanted, and were allowed land the same of officers to the end of the war-
The original papers on which this claim was paid are on file in the Treasury Department; you as a matter of course will send for them, take such transcripts from them as you may think proper - Or designate such as you wish a transcript of and advise me of it, and it shall be attended to-
Will you sir, cause this claim to be taken up & disposed of as early as pratictable, and oblige, sir,
Yours Respectfully
(signed) Henry Northup

30th of Septr 1848
Page 33

Know all me by these presents that I William Lambert of the City of Richmond do hereby substitute & appoint Thomas Green of said City my attorney infact and the attorney in fact of the administration de bonn non, & maybe, of the Ro. Andrews, to receive from the proper department at Washinton, the balance of half-pay due for said Andrews services in this regimen line during the Revolutionary War - the power of attorney to me giving the right substitution has herefore been sent to  the Pension Office at Washington to be filed with the application.
Given under my hand seal this 6th day of December 1847
Wm. Lambert (seal)
Virginia City of Richmond
This is to certify that Wm. Lambert who has executed the above power of attorney, personally appeared the day before me a Justice of the peace for said city and acknowledged the same to be his act and deed.
As witness my hand this 7th day of December 1847
Simon Cullen J.P.
Page 34

Enter the within case,
on register Act July 5. 1832
J.D.W.
Page 35

Ref or Co.   Officers names  Rank  to what line   year  day  late and (illegible)
Slate Infy * Tho Upshaw (name crossed thru) Capt.  Feb 26.80 to Dec 26 1809  pd Aug 548
found & ent'd enb'd  (illegible) made May 22= 1773.50 $1724.91 July 14.48 
Artly found & enb's Josiah Valentine (name crossed thru) Lt. Feb-9-82 to Sept 3.83  1 yr 206 ds  chg 548  $240 p ann
No  John Yeates Aug 12.48 (on book- crossed thru)
 No Robert Andrews  Oct 18.48
found & ent'd  James Doughety (naame crossed thru) Oct 28.48
No    Wm Roe  Feb 9.49
James Malcom  Feb 24.49
found & ent'd John Waltengton   March 1449 not in book
No  Md w. Galt March 29.49  not in book
found & ent'd Churchill Gibbs (name crossed out)   March 29.49  In book page 290
No  Robert Andrews Chaplain Jan 19.80
3604.06 per am tp Jan 1.1804 23 yr 3486 $303:16  per an
deduty 5329.31   1955:57 p'd out 28:48 1 yr 111 days at $182.50 - $238
pay'd 7284.8   
          5329.31  leaves 1955.57
y         d
1.      111 - $182.50 per   238  23,626.09
ent'd Jno Yeates  Aug 12.'48  dol
ent'd Robert Andrews   Oct 18 '48
ent'd Wm Roe   Feb 9 '49 
ent'd  James Malcom  Feb 24 '49
ent  Jn'a Galt March 29.49 (line crossed out)
Page 36

Rev'd Rob't Andrews

R Andrews
Page 37

Richmond Nov 23rd 1849
James L Edwards
Dear Sir
Being assured that one Henry Northrup, who is  seeking compensation at my hands for alleged service in the matter of the claim of Rev Robert Andrews for additional compensation, is not only not entitled to 3d compensation, but also that he  addressed to you a long & laborious argument against  the claim, which was replied to & refuted by you, & all this secretly whilst maintaining his claim & asserting that there is really over a thousand dollars yet due the expenses taken of Andrews, for the right to which he some months since offered nearly $700 - I say for these reasons I address you in behalf of the heirs of Andrews, & of (ink blot) who is probably entitled to the merit of a (illegible)prosecution of the claim refered to - Having been served with a notice, with a view to the taking of my previous (illegible), & your depositing by Northrup - I believe  they had been later  until I this day examine the records May I solicit  answers to the following questions, in such form as may be most convenient.   -& short stretch of this mans agency would probably answer these collectively -

1 Had the claim of Chaplain Andrews for additional half pay been rejected on or before the 21stof Augst & was that  (ink blot) then desperate, except to the extent of from $440 to $480.2
2 Was such claim thus comuted at the date above & only thus for to be  questioned "by alleging that his half heretofore per commence nearly two years later  than it should by law have done."
3 Did not the [principles  recognized at above date in these settlements reach the case of Chaplain A & fully ensure to his heirs at least the $1952 57/100  Andrews adm about the vo Bch/48
4 Had the claim been present & (ink blot) favorably passed upon on or before the 12th Septr/48 - on which day  Northrup
Page 38

admits he "had not presented you (Andrews) claim for want of evidence of this admonish (illegible)." -
I ask you these questions to avoid the trouble  of taking  you & other (illegible), as duty to those I represent requires that I should (illegible) this man, which (illigble) the business of (illegible) in Washington  I am prepared to do, but whose duplicity & meanness I am assured in the facts of this case known to you (illegible) fully will fully (illegible). Of course his efforts to defeat this claim & your answer in reply, are matters (illegible) to be (illegible) I am making - 
  Now that you may determine whether social benevolence, should induce you to reply promptly to fully to these inquiries - I have to say that I was assured on the 21st of Augt, that all proceedings by Genl Lambert & H. L. Brooke [This Northrup being their subagent of the last) had (illegible)  that $480 was the utmost that could be (illegible), that my letter of contact with this man (whom until then I had never known of) was a copy from his letter to me of the 21st Augt 48 - actually (ink smear) written in general terms, though in the letter it self expressly (illegible) to the recovery of $480, for reasons which General Lambert  & Mr James Lyons will explain as a proper (illegible) , that I can prove (illegible)  his hand that later in Sept/48 Northrup had not "presented (my) claim under the authority held by him, (illegible) which I am told the claim was then allowed or at least established beyond a doubt, & this by men of highest honors, &  intelligence, "that he has offered last summer  & they
Page 39

full to release me from his claim of $651.86, if  I would release to him the remaning claim of Chaplain Andrews though then making an effort to have your (blotted or crossed out word) award of 31955.57 revoked, or to release me from a large act of it, if I engage him to prosecute the claim this farther admitting now that nearly $1100 is yet due. Of these things I know nothing myself - Northrup soon after I received the $1959.57 wrote to me that of on such a day 1/3 of the amount was not in his hands, he would blow up the whole affair, & I confess his long letter convinced   me equally of his (illegible) & of the unsoundness of the claim 0 All I could do was to send the letter to Washington by my friend J.  Lyons, & to request him to make a proper use of it, (illegible) at the same time, that I was ready to refund the money at once. Perhaps if Treasurer Leldos has leisure to read this hasty - & therefore unnecessarily long letter he might afford me immediately, will you acknowledge the reception of this, & say if the information asked for will be voluntarily given, in any short time -
Respectfully Geo Taylor
Page 40

feb 5 1849 conv  half pay case,
James L. Edwards Engr
Commissioner pf Pensions Present
Rev Robt Andrews
Page 41

Washington City 29th of January 1849
Sir
I wrote you some three months ago that in presenting  the claim of George Taylor  Andrews admin of Revd Robert Andrews, I to are lawyer (illegible)  said all I could  and quoted on the law authority and practice which I could on behalf of my client not at the same time presuming to point out to you that the law or any city (if such there were) to be plead in opposition to the claim on the amount set for the proving that for you to attend to (illegible) Not you would. A Claim was allowed by you of $1955 55/100 and the draft paid and mailed the (illegible) and was duly received by him   I held his land for (illegible) and put his land in (illegible). I was true to my client in (illegible) his claim to the extent of my abilities and he was false to me and as before said I (illegible) brought against him  and as before said it is now three months since I wrote you an the (illegible) stating all the facts and reforming you to paper 278 & 279  of the 9th volume pf Henning's Statutes at large And in a  letter of same two or three (illegible) afterwards I received a letter signed by Bennett acting commissioner to the following (illegible) .. came so unperfect that the Act of 1777 was overlooked. The (illegible) ... "Such was the object for which I sent the (illegible) overlooked.   A suit was brought by me in token against the admin for my commission and which will probably be tried in March - I sir have to ask of you to inform me what has been done in this  case to wit whether the excess has been demanded, refused or a suit brought for the refunding of the same - I sir wish to have this in order to know how to present my suit to wit if he has been called on to re[und, refunded, or  Suit Brought that I may claim commission accordingly to wit the  one third of $424 but if he is permitted to mark and retain uninlisted
Page 42

this $1955 55/100 after being clearly advised of it the impression is that the allowance is sanctioned by the departments - and of so I shall cand for the one time to wit $651.85/100 (illegible) would thank you for an early an (illegible) answer on this subject
I remain sir yours respectfully
Henry Northrup
Page 43

July 30. 1842 James L. Edwards Ergm
Commissioner of Pensions Henry Northrup
Page 44

Washington City 30th July 1842
Sir
Yorn of yesterday is before me and I cannot but regret extremely regret that for nine years last past while I have during that time presented many cases for your consideration probably sixty or eighty. that one only has been rejected on an appeal to the secretary & attorney general to wit the claim of Lt Dudley Diggis  All others presented by me have been allowed Yet sir it with pain when I reflect that in all this length of time and the number of cases presented that although all said and except one have been allowed yet sir of the whole list there has not been more than three or four cases allowed  without protracted adjudication repeated objections which have been shown to be wholy innocuous  but has often delayed months the adjustment of a claim the most plain clear and simple But sir in no instance have I been more surprised in a decision than in this case of the claim of Chaplain Robt Andrews. Your objection in this case surpasses any others that I have ever been so unfortunate as to encounter
I have therefore sir to give a (illegible) the laws of Congress and of Va on the subject. Showing that from the 5th of July 1776 quoted by you the pay of Chaplain was higher than Capt as you sir have (illegible) to this resolution of 5th July 1776 fixing the pay of Chaplains at $33 1/3 . I must refer you still further back to the resolution of the 29th of July1775 where sir if you will turn you will find the pay Col $50, Lt Col 40 , Maj 33 1/3, Capt 20 Lt 13 33/100 Ensign 10, Chaplain $20 per month and the pay of a Capt of Artillery $25 66/100 per month. Again in resolution of the 5th June 1776 "that the pay of Regimental surgeons be augmented to $33 33/100 per month" It follows of course that the pay had been less yet it is $60 per month before the war ended. Again the act to which you refer of the 5th of July 1776 gives Regimental Chaplains $33 33/100 per month while Captains were in the receipt of $20 per month. Then by this verry resolve of which you speak the pay of a chaplain monthly was equal that of a Captain for one month and two third,  subsequently the pay of Capts were raised to $40 of infantry and 50 of Cavalry and artillery surgeons was increased to $60 per month but as early as 27th of May1777 and before the pay of the officers of the army generally appears to have been increased Congress resolve that for the "future there be only one Chaplain allowed in each brigade of the army" to be appointed by Congress and to be allowed the pay rations and forage of a Colonel we next find by the resolve of 27th May 1778 Capts are paid $40 & 50 per month and surgeons  of Infantry & Cavalry $60 per month and of artillery $75 per month. Chaplains are not named here having been previously provided for as to Brigade with pay & rank of Col and for Hospital Chaplains by resolve of 18th Septr 1777 were allowed $60 dols per month regimental Chaplains are not named
Page 45

there appears to have been none after the resolve of Congress of 27th of May 1777 Congress had provided for one Chaplain only to a  brigade I have now sir quoted to you the various resolves of Congress showing the pay of Captain to be $20 per month when Regt Chaplains  were $33.33/100 Also that surgeons pay was increased on the 5th June 1776 to $33 33/100 per month when Capts was $20 per month. And have shown you that their  were one Brigade and hospital Chaplains after the 27th of May 1777 and showing that after the 27th of May 1778 the pay of Capts were 40 & 50 and of surgeons $60 and 75. and Chaplains $60 & 75 dols per month -
   Having quoted the  various resolutions of Congress I will now quote the several laws of Virginia
first  see Hennings statutes at large Vol 9 page 194 provides that the officers etc  shall have the same pay etc as in the continental service.  Again  see same volume page 279 affexn the pay at $1 33/100 for a chaplain 
Again see same vol page 453provides they shall receive the same pay and rations as in the Continental army  This is in My 1778
Again see Vol 10 page 19 providing for officers and expressly adverts to the chaplain to (illegible) and there says that the pay rations and forage shall be the same as in the Continental army - again see page 25 same volume providing for half pay where Chaplains are expressly provided for -
Again same volume page 141 which provides that chaplains surgeons and surgeons mates shall be entitled to same quantity of land of officers drawing the same pay and rations. and by a reference to the land issued by Va from the close of the revolution to the present day you will see that the quantity to a Lt Col surgeon and chaplain have been the same 6000 (illegible) but as there does not appear to have been a regimental chaplain to a continental  regiment after may 1777 but only brigade or hospital chaplains this chaplains half pay if acting as Chaplain of a regiment 
must have been the same as a chaplain of a hospital but at the siege of York whence he was acting either as army or brigade chaplain the half pay should have been at the rate of Brigade Chaplain the half pay should have been at the rate of Brigade Chaplain
  I repeat I cannot but regret this (as I believe ) most innocuous construction put upon this case by you -  you state that you have no power to reverse the decision of the Secretary if the Treasury - it has been done in several cases. If an error has been committed  and only half the amount due paid or double the amount  had been paid surely there would be a power to correct this  error I sir ask an appeal to the Secretary of War or to the attorney general as the case may require - I have to ask of  you to do me the kindness to lay all the papers with this communication and such communication  as you shall think proper as early as practicable before the secretary of  war for his decision   I remain sir yours respectfully
Henry Northrup
Page 46

Andrews
Page 47

Richmond 6 Decr "47
Col. J. L. Edwards
Washinton
D Sir.
Yours of the 3rd in regard to Revd Ro: Andrews claim for half pay under act 5 July 1832 is before me. I did send you on the 4th Nove the copy of the papers from the Treasury Dept. I hope that letter got to hand. It contained all the evidence on the point now presented vg: the amount of the half pay due a Chaplain.
I now send you the Power Attorney to myself - also the (illegible) that the administrator is still such -
These papers, I think will complete the application  & proof.
I am  y. obt sevt      Thomas Green
Page 48

Washn. Aug 6 42
Henry Northrup
Asks reference of the case of Robt Andrews to the Atty Genl for his opinion.
N 27 rec Aug 6/42
Pension Office

It is for the Depart to judge what questions it will submit  to the atty genl. this is surly a case presented that does not involve a legal question and consequent of referring all (illegible) to the Atty Gen. would be to make him the hand not only of this case all other departs  He is called upon only in case of doubt, and not entertaining any in this case, I must decline troubling him

Honorable Joh C. Spencer 
Secretary of War
Present
Page 49

Washinton City the 6th of August 1842
Honorable sir
  On the 1st instant I wrote you relative to the caser of Chaplain Robert Andrews asking an appeal from the decision of the Commissioner of Pensions. and in that letter I gave you a copy of the letter of the Commissioners of Pension in which he stated that Chaplain Andrews had been already been paid more than the law allowed. Thus sir at once placing the question upon a point of law.  I therefore asked an appeal to you and requested the (illegible) I should be paid before you per your compensation or rejection of this decision of the commissioner. And of in concurrence with the commissioner that as it was clearly a question of law as to what Revd Robert Andrews became intitled to that I asked an appeal on a question of  law to the Attorney General of the United States  as the Law officer of this government for his  decision - 
I have sir this day called on Mr Edwards the Commissioner  who informed me that you had concurred in his opinion on this case. I therefore respectfully ask of you an appeal to the Attorney General on this question to decide whether the Revd Robert Andrews has been paid the amount of half pay t which he became intitled to under the Act of the Legislature of Virginia at their May session 1779. And which claim was audited and paid at the Treasury department under the third section of the act of Congress of the 5th of July 1832, intitled an Act to renumerate Virginia
This sir is the only alternative on all questions of law to wit an appeal to the Law officers of the United States and surely this is an clearly provided for as it is wholly on a question of law as to what chaplain Robert Andrews
Page 50

is by law intitled to under the Acts of legislature of Virginia of 1779 and of Congress of 5th of July 1832
May I sir ask of you to do me the kindness to cause all the papers to be laid before the attorney general at as early a day as practicable for his legal opinion
And oblige sir Yours respectfully
Henry Northrup.
Page 51

Half pay 
R Andrews
Page 52

Pension Office
April 9, 849
Sir,
In the case of Robert Andrews, dec'd referred to in the enclosed letter, I have  to state that I have strong doubts whether there was an overpayment in the case. In only to determine the matter, recourse must be had to the laws of Virginia in relation to the revolutionary service of her State troops, which are very numerous, and the Indices are not to be relied upon.  To Ascertain all the facts in the case, a very long and laborious examination will be necessary. This examination I cannot make  during office hours, from the continual interruptions I have from persons calling in my room and the time (illegible) only occupied in me in the general supervision of the  [crossed out: superintendence of the business generally.] As soon as the investigation can be made, I will report the facts.
No order has been given to the District Attorney to commence suit for the recovery of the money, because the matter is involved as yet, in uncertainty. It does not appear that any letter from the author of the enclosed communication on the subject, has not been answered.
   I have the honor to be respectfully your ob't ser't    [cossed out: J. L. Edwards]
Hon T. Ewing,
Secretary of the Interior.
Page 53

James L. Edwards Esq
Commisiner of Pensions
Present


Andrews
Page 54

Washington City 13th of Novr 1848

Sir
As I have alledged that a bout one third of all the original Virginia half pay claims prepared by you within the  last five years were case frauds, susceptible of proof and which in many of the cases probably not less than half of them you had in your possession or at your immediate contained the means of deleting them - those aspirations having often been made by me  I have no doubt not long since come to your ears I have often wished that I might be called on to prove the truths to such statements

I now sir refer you to a more recent transaction and one in which I have had a hand - to wit the claim of the  Admin of the estate of Rev'd Robert Andrews Chaplain of the Regiment of Va State Artillery - This Claim I presented through Mr 
Dackrans(?)  as the agent of Geo Taylor the admin and as such embodied in a statement or argument call and every clause or section of law that would in any manner sustain the claim of my client - I surely did not hunt acts or  regulations to injure or prejudice the claim, (illegible) that as a matter of course you would see that the claim was fairly represented and consistent by law and usage and regulations.  This claim was passed on by you and a sum there in of $1955.95 allowed in addition to the sum formerly paid to wit half pay at the rate of $304.16 per annum from 19th of January 1780 to the day of his death deducting these from the sum heretofore received -  Lest it should at anytime hereafter (illegible) to, I now take the liberty of referring you to the Act of the legislature of Va passed in 1777 for the raising this Reg't of Va State Artillery  see Hennings  Statutes at large Vol 9 pages 278 & 279. The latter pages specifying the pay of the officers Chaplains & art - I communicate this to you not with any view of publicity but that you shall examine the case weighing all the law and evidence and then sustain or revoke your late decision as you shall think proper   I remain sir yours respectfully
     Henry Northrup
P.S. I ask advice as to the result of your decision on a reexamination  -
Page 55

Oct 30. 1848
James L Edwards Engr
Commision of Pensions 
Present 


Andrews
Page 56

Washington City 30th of Octr 1848
Sir
 On the first page of this sheet is the letter of the third addition relative to our affidavit of service filed with him  In the making that affidavit I did not advert to those process being in his office other than the letter of the advice of 23rd of August last. As the application when made and (illegible) in  1842 was rejected  it necessarily followed that the papers were not in the auditors office and I had asked for the certified copies of your letter and also the secretary's note of that time rejecting the claim I am advised at the auditors office that my affidavit being on file in that office it is free to all the departments and cannot be withdrawn  I have sir to request that you will cause certified copies of letters to me relative to this claim some time during (illigible) or early in the fall of 1842. Also a note of the secretary of war to which an appeal was taken and the power of attorney of the said adm at that time as such other papers as may have been filed by me at that time relative to said claim   I am and exempt any papers and copied from the  vouchers in the treasury department (if any there were) on which the claim was passes in 1832 or 3  As early as practicable and oblige sir                          yours respectfully. Henry Northrup
Page 57

Col. J. L. Edwards
Comm. of Pensions
Page 58

Washington 16 Feb. 1848.
Col. J.L. Edwards
Present
Sir:
The application of the Reverand Ro: Andrews administration, for the balance of half pau. sue under Act of 5 July 1832, is based, first, on the change in the decision of the department, as to the rights of Chaplains and Surgeons, to $600 per year instead of $480. The latter being the prevision allowed to chaplains, at the date of the settlement in 1833, with Andrews representatives - and that rule of allowance, being then invoked, as the authority for estimating the half pay at $240.
If it be now said, that authority was inapplicable, and not properly invoked, as the right to the half-pay, depended on the Virginia law, and not on the proper construction of the pension law of Congress - then the second ground of the claim, in this instance, in that chaplains were allowed by the Virginia law ten shillings per day, which was over $600 - per annum, and the half-pay was, at least $300 by the Virginia law - see Hen. Stat Vol 9 pages 14-23 and 82.
Upon either authority, we think the additional allowance should be made.
I am your obt. Servant
Thomas Green

I enclose to you, from Richmond  a copy of the statement from the treasury showing the manner on which the claim was settled.  T.G.
Page 59

Aug 8. 1842
James L. Edwards Esq
Commissioner of Pensions
Present
Page 60

Washington City 8th of August 1842
Sir  Having two or three pension claims to prosecute and being ignorant of the constructure of certain clauses of the Pension Act I will thank you to advise me of your (illegible) of the same - 1st a parety (illegible) remote for the seat of Justice in his own county and difficult to attend but lies very convenient to the seat of Justice in another county, where can she make her declaration in such county
2nd the regulation reads Court of (illegible).  All a your court and the courts of justice of the peace are both county and (illegible). A record being kept by each and the one has a public seal. The other official acts are  certified by the Clerk of the County in which he lives under his seal were are these courts within  the meaning of the regulation Will you do another kindness to advise me on this subject as early as convenient   and oblige sir yours respectfully
    Henry Northrup
Page 61

Pension Office
August 3, 1842
Commissioner of Pensions
Report in the case of Robert Andrews, deceased.
N 24.  Rec Aug 4/42
I concur in this opinion of this Court of Pensions
J. C. Spencer
Aug 5, 1842
Pension Office
Page 62

Pension Office
August 3, 1842
Sir
In the case of Robert Andrews, dec'd referred to in the enclosed papers, I make the following report:
The deceased was appointed a Chaplain in the Virginia State regiment of Artillery, and served from the 13th of June 1778 till October 1779. when his services were discontinued under a Resolution of the Legislature of that State. The law of Virginia authorizing the appointment gave to the Chaplain the same pay which officers of the like grade had in the continental army. At no time whatever was a regimental Chaplain (except of Dragoons) allowed more than $40/per month by Congress Mr. Andrews could not therefore have received more than that amount. Under the act of July 5, 1832, when that law was executed at the Treasury Department, the representatives of Mr. Andrews were allowed half-pay accordingly, i.e. at the rate of twenty dollars per month.  A claim is now set up for higher pay, but I can discover nothing to justify such a claim. The amount paid top a Dragoon Chaplain, a Hospital Chaplain, or a Brigade Chaplain, cannot be a guide in settling this claim; nor can any special allowance made to Mr. John Hart, or any other person for extra service, have any bearing whatever on the case. Hart was allowed extra pay for officiating as Chaplain for three regiments instead of only one.
I have the honor to be, very respectfully
Your obet. servt.
J. L. Edwards
Hon. John C. spencer
Secretary of War
Page 63

Nov 47
Robt. Andrews dec'd
Army half-pay
5 July  32
Tho Green
L. Edwards
Comm of Pensions Present
Page 64

Washington 29 oct '47
Col. J.L. Edwards
Comm of Pensions,

I am requested to present the claim of Ro. Andrews estate for a balance of 1/2 pay still due under act 5 July 1832. He received the half pay of a Capt of Infantry ($240) whereas, a Chaplain of Artillery regt, he was entitled to at least $300 -  The documents filed in 1833. show the facts of the case 
It has been settled since the former decision that Chaplains were entitled to $300 - the pay of a Capt of artillery.
Reference is made to the papers on file - to establish the claim.
I am V. obt sevt
Thomas Green
Page 65

[postmarked: Richmond Va. Nov 5]

[addressed to:] Col J. L., Edwards 
Comm of Pensions
Washington

see letter to T. Green Dec 3, 1847
Rev'd R. Andrews
half pay July 5 1832 
Nov 8 1847
FREE
Page 66

Richmond 4 Nov '47
Colo. J. L. Edwards
Comm of Pensions.
Sir.
To sustain the application, under act 5 July 1832, for 1/2 pay, of Revn'd Ro. Andrews, which I presented in my letter of 29 Aug, I now enclose you a certificate of the statement, by which, it appears, he was allowed $240 only per annum, on the authority of cases cited. which said cases, have since been increased to $120 per annum.
I am V. obt. servant   Thomas Green
Page 67

July 29, 1842
James L. Edwards Esqr.
Commissioner of Pensions Present

Addl proof
Robt. Andrews
5 July 32
rejected July 29
Page 68

Washington City 28th of July 1842
Sir
Enclosed is the copies which you required in your letter relative to the claim of the Chaplain Rev'd Robert Andrews  You will see by the minutes of the board of officers of the 6th to 14th February 1782 of which Col Marshall was president that Chaplain Robert Andrews had by act of the Legislature become a supernumerary in 1779 or 80 of the Regt of State Artillery. You will further see that he was in service at the Siege of York as a chaplain and that the regiment of artillery was not there being then broken up and incorporated with the state garrison regiment. Hence  the Rev'd Robt Andrews was then a chaplain in the army and not a regimental chaplain his regiment from which he had been disbanded as a supernumerary not being there and he proved to be there in service as a chaplain was in the capacity of a brigade division an army chaplain and  as such intitled to the pay of a Col $75 dols per month as per resolve of Congress  [of the] see Journals of Congress page 141 again see same vol page 269 giving hospital chaplains the pay of Lt Col also see any and all acts of Va to wit Hennings statues at large Vol 9 page 453 giving state officers the same of continental officers and again see Vol 10 pages 466-7 on the subject of pay etc. And see this resolution giving half pay Vol 10 page 25 provides that any (illegible) supernumerary " and again (illegible) the service of regained so to do in the same or any higher rank" etc This Revd Mr Andrews entered again when required  so  to do and as his regt was not there he consequently must have been in higher rank
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to act Brigade Division or army chaplain and intitled to the pay of a Col $75 per month equal to $450 half pay per year - If deemed necessary among the papers in the  file proof is a copy of Mr Jeffersons letter to Gen Uphram & Bannan Steuben stating that they were (illegible) again into service but not in a lower rank than formerly
I have this day been written to from Richmond making inquiry relative to the decision in this case. when I saw you on last Saturday you stated you would take the case up Friday or Saturday next may I ask that you will do me the kindness to take it up tomorrow or next day                   and oblige Sir yours respectfully
Henry Northrup
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Kirksville, Mo.
405 E Hickory St
Commissioner of Pensions
Washington D.C.
Dear Sir:
Will you kindly inform me if James Morgan of the 2nd Virginia Regiment, company no. 5, and Robert Andrews Chaplain of Col. Alex. Spottswood's 2nd Virginia Regiment received pensions; and if so, will you please send
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me any family data concerning either man, that may be in your possession.
Very truly,
(Miss) Alethea M. Ringo
December first, 1908

Stamped:  Record Division Dec 4 1908