Revolutionary War Pension and Bounty Land Warrant Application File R. 13465, John Crittenden, Va.

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Service
VA

Crittenden, John

Number
R. 13465

Va. Half Pay

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Hon. James L Edwards,

_______ ____

As the administrator of Major John Crittenden deceased, who was killed in the year 1806, in his field, (by the limb of a falling tree, near his domicile,) in the county of Woodford, Kentucky,) I claim the commendation of five years full pay with ____, in lieu of half pay for

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Service Va.
Crittenden, John
Number R.13465
Va. Half Pay

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regiment which landed at Harkaskias in the spring of 1779,
then under the immediate Command of (Lt) Colonel Montgomery;
that regiment ascended the river and rendesvouzed at 
Louisville in 1782. The brigade Commanded by General Geo: Rogers
Clark. At Louisville Major John Crittenden acted as 
aid-de-camp to General Clark. Witness continued in said
regiment until it was disbanded in 1783. Major Crittenden was afterwards killed in wood ford county by the fall of a tree.
9. Journals of House of Delegates of Virginia, June 3rd
1783 - page 32, Shows that the Seat of John Crittenden
Delegate elected from Fayette County, was questioned, & the
question of his eligibility was referred to the Committee of
privileges & Elections, because of his holding a military commission in
the army at the time of his Election: (Which was on 
the second tuesday in April 1783, as will be hereafter Shown.)
10. Files of Register's office of hearing of the United
States, No 62.233, Settlement of half pay of brigadier Genl George
Rogers Clark; appointed brigadier general 22, Jany 1782 - 
discharged by our of gnl & council of July 1st 1783 - his half
pay settled Expressly under regulation of Congress of June 16th,
1775 - (Fourmals of Congress by Gideon & Way vol: I. page 84)
& because Virginia had by Statute adopted, as the pay
for the State troops, the pay allowed by Congress to

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Service Va.
Crittenden, John
Number R. 13465
Va. Half Pay

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5.
9 Henn:
p. 11-
same 
p. 81.
same
p. 121.
"shall be supplied, from time to time, by regular Succession
" in course of Seniority, in the repletion regiments & Companies":
and by the latter of which it was Enacted " that all
"officers, now, or hereafter to be, appointed, shall
 "continue in (lined through illegible) Service So long as the regiments " to which they shall belong, shall be kept up"'-
- "And that no officer hath, or shall have, 
"right to resign but with consent of the Con-
"vention or Committe of Safety of this colony;"
" Provided an officer willing to resign may
" do so at the expiration of the time for which the private
"men hath, or Shall be, enlisted, on 
"giving the like previous notice of such intention
" as is required of which private men." Viz by
"giving three months previous notice, in writing, 
of his or their desire to be discharged at the end of
"such period." (9 Henning p. 81.)
13. It may be of use, (to prevent doubts &
misapprehension,) to remark that after the constitution of Virgina
& file of rights had been agreed on, an ordinance, preparatory to
putting the Constitution in operation, passed May 1776-
(9. Henning p 121.) ordained that the
"governor with the advice of the privy Council shall have &
"possess all the power & authority given to the Committe, by an
"ordinance appointing a committee of public Safety-

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Service Va.
Crittenden, John
Number R. 13465
Va. Half Pay

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Service Va.
Crittenden, John 
Number R. 13465
Va. Half Pay

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Service Va.
Crittenden, John
Number R. 13465
Va. Half Pay

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9
alleged either of such affirmatives, then the burthen of proving the affirmation is upon the government. He who alleges that an act was done, committed, or had happened,
must take the burden of proof on himself.

No resignation, no trial or conviction by a
court martial appears, that Brigade Major Crittenden became a supernumerary is not even reported.

That by expiration of the times for which privates were generally enlisted & by death or other causalities, the privates
in the Illinois regiment and in Crockett's were so reduced in number as that they were 
supernumerary Captains and Subalterns
is true. But Brigade Major Crittenden was not of the number of supernumerary officers. He is not reported or returned as a supernumerary. 
Besides, as there was but one Brigade Major to each Brigadier General, Brigade Major Crittenden belonging to Brigadier General Clark's Brigade couldn't have become supernumerary whilst Brigadier General Clark had troops to command, whilst his brigade was not broken up, nor disbanded, or so reduced,  as that Brigadier Gen. Clark himself became Supernumerary; which was not the case, for Brigadier Gen. Clark never was discharged or disbanded until July 1783. 
A Brigadier General in service in a separate command, without a brigade major would be as much in command as a Major General in service without an aid-de-camp. 

A brigade

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Major, was a constituent necessary officer in the organization of every brigade in the continental & State lines, during the revolutionary war, his duties are necessary & indispensable in the brigade.
As to Genl Clark's certificate dated at Lexington
November 22. 1782 certifying that "Capt. John Crittendon" had served as Brigade Major under his "direction" from July 1st. 1781, to the date of the certificate, it does not certify that Major Crittenden had resigned, had been sentenced to be dismissed from the service, nor that he was then a supernumerary, or out of service & command; but that he was then in service on the very day of the certificate. General Clark could not certify to what might happen thereafter, could not, & did not, pretend to foresee what might happen, that Major Crittenden, would or would not, be dead or alive on the next days, or would, or would not serve to the end of the war, or to any period thereafter to the part & to the present, from July 1st. 1781, to the time of writing his certificate, Nov. 22nd 1782. General Clark could properly certify & did certify, as to Major Crittenden's rank & service, for the purpose of putting Major Crittenden in a predicament to draw his pay to that time. To put Major Crittenden out of service, affirmative proof of an act done by him after the 22nd. Nov. 1782 is necessary. General Clark's certificate is not evidence that Major Crittenden was then discharged from service, any more than it is evidence that General Clark himself was then out

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out of service.
If the certificate of General Clark had been
dated posterior to the 22d November 1782, for instance on the 11th of January 1783. & being so dated, had certified that Captain John Crittenden had occupied the post of Brigade Major under my direction from the 1st day of July 1781 until the 22nd day of November 1782, then the certificate would have related to the services of Major Crittenden between 1st July 1781. & 22nd Nov. 1782 as matters, of personal knowledge known to General Clark, performed under his own eye & immediate direction, leaving the services after 22nd Nov. 1782 to the service of duty & obligation imposed upon Major Crittenden by law & the office of brigade Major Crittenden, not affirmed or denied by General Clark's certificate; which silence could not be tortured into an affirmation that Major Crittenden was discharged from service after the 22nd Nov. 1782, by resignation or otherwise.
That the State of Virginia had the power to disband this or that regiment, or a brigade, from service before expiration of the term for which they had engaged to serve, is true. But by such discharge by the act of the government before the end of the war, the obligation of the government in relation to half pay for life to such disbanded officers would not be impaired, cancelled, or

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annulled. Crocketts regiment was disbanded in Dec. 1781, but the officers have been allowed the is half pay for life.
The government could not by preventing the officer from serving until the end of the war by discharging him from service when the war was drawing near to an end, [ ? ] escape from its obligation to perform the promise of half pay for life, made upon the condition that the officer would serve until the end of the war.
"If he whom it concerns to have my part of the contract fulfilled, is the occasion why it is not, it is the same thing to me as if it were fulfilled."
Powell on contracts P. 420-
Co: Litt: 206 - b:
For example, "where & carpenter covenanted to build a house for another on his land for £ 10, & come prepared so to do, but was ordered by him to desist: the Carpenter, after such command to desist might maintain his action for the £ 10."
Powell on Contracts - P. 420
This doctrine is not a mere technical rule of the common law of England; but is acknowledged by civilians & jurists as a correct rule of enlarged, liberal jurisprudence: a rule of reason & natural justice, essential to the preservation of faith in contracts. Potter in his treatise on obligations considered in a moral & legal point of view (p. 127) has well illustrated this doctrine. This quotation from his treatise will suffice for the present occasion

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occasion. "It is a well common to all the conditions of obligations, that they ought to be holden to be performed when the debts, who has obliged himself under the condition has prevented its performance." There is no foundation laid for a presumption that Major Crittenden, resigned after the 22d Nov 1782. No witness affirms it; no writing attests it; all the circumstances repel it.
By the journal of the House of delegates of Virginia it appears, that the Committee of privileges and elections were instructed on the 3d. June 1783- (page 32) to inquire as to the eligibility of John Crittenden in delegate from the County of Fayette, (under articles 3 - 13 - of the constitution - 19. Henn 114 - 117), because of his holding a military Commission in the army at the time of his election. It appears by reference to the laws of Virginia that this election for delegates in the County of Fayette, was holden on the second Tuesday in April 1783. The ordinance of convention of July 1775 (9 - Henning 54) prescribed that the elections for delegates in the several Counties & corporations, should be holden "in the month of April Annually, on the several days appointed "by law for the holding the county or corporation courts:" and by the act of May Session 1780 - (10. Henning 315 - 316) the
County of Fayette was established, & the second Tuesday in

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Every month was the day appointed by law for the holding of the County whether this was or was not under the constitution, a valid objection is of no importance here. The fact that when elected by the votes of Fayette on the second Tuesday in April 1783, Major Crittenden held his military Commission in the army, was made known to the House, delegates of Virginia in June 1783, when the matters were fresh in the memory of men.
The brigade of Genl Clark, to which Brigade Major Crittenden, was not disbanded until the close of the war. Why should the Brigade Major be discharged before the brigade was disbanded?
But it appears (by No 3 & 4) that John Crittenden was allowed land County as a Lieutenant in the Illinois regiment, for six years & four months but no land or Brigade Major. It would seem that services for six years & four months in the Illinois Regiment must be a Service up to the time when that regiment was disbanded after the war had ended.
The idea that he served to the end of the War as Lieutenant, but that the identical same man who was Brigade Major of same regiment belonging to Gen. Clark's brigade, did not serve to the end of the war, that as Lieutenant John Crittenden should be paid

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paid to the end of the war, but that John Crittenden Brigade Major should not be paid to the end of the war, seems to be condition, an attempt at a distinction between the same man & the same man, that he served to the end of the war & he did not serve to the end of the war.
I suppose that the allowance of land County for the rank of Lieutenant, & not as brigade Major, was founded on the notion which once prevailed that a Staff officer was not entitled to half pay & land County as such, or that not having served three years in the rank of brigade Major, he was not entitled to the County in land for that grade; and that being only a captain by right of promotion, & not by actual commission, he was not entitled to land as a Capt. A secretary of War took such distinction between a promoted rank & "an actual Commissioned rank" & refused half pay to the promoted rank. But that distinction; has been exploded; as also the notion that Staff officers were not Entitled. The doctrine is now well settled, that a Staff officer is entitled to half pay as well as a field officer, or a company officer; & that the land County & half pay is to be allowed according to the

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highest rank which he had attained at the end of the Service.
Upon what foundation, upon what principle, can a presumption be built or indulged, that Major Crittenden resigned, or abandoned his duty, as an officer, as brigade Major, or that
he was accused, tried & sentenced to be dismissed by a court Martial, or that he became supernumerary brigade Major after the 22d November 1782? By the institutions
of law, by the military law, a military officer in service in time of war cannot tender or abandon his post and duty at his own will; his resignation must be tendered in writing & accepted; the proceedings of a court martial are to be in writing, matters of Solemn record, duly authenticated; but no resignation tendered, no acceptance, no proceedings of a court Martial, appear. By the institution of law the reduction of brigades, Battalions & corps, are matters in writing by military returns
& orders authenticated, & in possession of the government. No return of Brigade Major Crittenden as supernumerary appears. The maxim of law is "de non apparentibus et de non existentibus Eadem Est lex": the law judges of matters not appearing as of matters not existing. 
It can not be presumed in favour of the State, to defeat a private right that things not found in the archives of the government, but which
if ever done must have been in writing, solemnly done, & in the keeping of the State, ever were done or transacted.

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Major Crittenden had no perceivable instrument to resign after 22nd Nov. 1782, but had very prominent reasons to continue in service. He had then served as Lieutenant, Captain, & Brigade Major, successively, about six years. If he resigned, he would give up his half pay for life. If he continued in service to the end of the war his incipient right to half pay for life would be consummated & perfected. The circumstances then existing, showed that the war was near to an end; had practically ceased, although peace had not been legally made. Cornwallis & the whole British force under his command had previously, on the 19th November 1781, surrendered at York town in Virginia to the forces under General Washington. That extinguished the British hope of subduing the Colonies. After that, no hostile British force invaded the soil of Virginia. On the 1st. March 1782, the House of Commons in a body, the whole house, personally presented their address to the King advising & soliciting him to put a stop to any farther offensive war against the colonies; to whom the King answered with an assurance that he would take measures in accordance with their advice. The British Ministry was changed. Instructions were dispatched to General Carleton, advising him of the proceedings in parliament, with

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power to treat with the United States of America, on the subject of peace. Early in May 1782, General Carleton dispatched a letter to General Washington, informing him of the proceedings in parliament, & of the powers of General Carleton to treat with the United States on the subject of peace; which letter general Washington referred to the Congress. Proposals of peace with the United States separate from their Allies, France & Spain, had been made in the part of Great Britain. On the 28th, May 1782, the Legislature of Virginia unanimously resolved & protested against treating of peace separate & apart from our allies, & sent in their resolve to their members of Congress. Negotiations for a general peace had been opened at Paris between the four Powers, the United States, France, Spain, & Great Britain & had so progressed as that on the 30th, Nov. 1782 a treaty of peace was signed at Paris between the United States & Great Britain, but these articles of peace were not to be conclusive until terms of peace should be agreed on between France & Great Britain. On the 20th, January 1783, all four powers, Great Britain, the United States, signed a declaration of cessation of all hostilities without limitation as to time; but the articles of peace, between France & Great Britain, & between Spain & Great Britain, were not conclusive until the ratifications of the respective Sovereigns were exchanged. On the 3rd, Feb. 1783
the

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the ratifications of the articles of peace between France & Great Britain were exchanged; and on the 9th, Feb. 1783, the ratifications were exchanged between Spain & Great Britain, Versailles: Whereupon the Armistice of declaration of cessation of hostilities which had been agreed on the 20th, Jan. 1783 became conclusive; and the treaty of peace between Great Britain & the United States signed on the 30h, January 1782, thereby became conclusive also.
On the Eleventh day of April 1783, the Congress of the United States issued their proclamation reciting the provisional articles of peace of 30th, Nov. 1782, the declaration of cessation of hostilities signed on the 20th, January 1783, & the exchanges of ratifications of 3rd & 9th, February 1783, whereby peace had been established between the four powers, & enjoining all officers, Civil & Military, & all citizens of the United States to pay dur obedience to the said united treaties.
On the 21st, April 1783, the Governor of Virginia issued his proclamation, reciting the proclamation of 11th, April, issued by the Congress, and in his proclamation enjoining all officers of Virginia, Civil & Military, & all other persons of every rank & denomination within the Commonwealth of Virginia "to pay due obedience to the proclamation of Congress."
XI. Henn:
p. 549
XI. Henn:
550 -

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These two proclamations are to be seen XI 
p. 549-550.
Looking at the notorious circumstances preceding the 22nd November 1782, so conducing to a speedy peace and so followed by the several treaties before mentioned, what motive, what inducement could Major Crittenden have had wherefrom to warrant 
a presumption that he resigned, abandoned the service, before the end of the war, & forfeited his right to half pay for life?
There is nothing whereon to build a presumption, nothing to supply the absence of those written evidences of resignation, on conviction & sentence of dismissal, whereby to put Major Crittenden out of service before the end of the war.
That John Crittenden did perform services as an officer for six years & four months is clear, The State of Virginia gave him his land bounty for those services, when did those services begin, when did they end? From the beginning, we would find the end or from the end we could find the beginning. These
services were performed in the regiment called
in the act of Congress of 5 July 1832 the regiment commanded by Colonel Clark, and called in books in the archives in Virginia
and

20

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21
and in Commissioner Smith's report, (published by order of House of Delegates of Virginia 13 Decr 1834) the Illinois
regiment, and in the act of Virginia of October Session 1780 - (10. Hennings Statutes  p389) "the regiment under Colonel George Rogers Clark's command."
This is the regiment which was under the command of Colonel George Rogers Clark until he was promoted to the rank of
Brigadier General on the 22 January 1783.
When this regiment was first completed & in Service I have not been able to ascertain by the statutes of Virginia, or by any
documents acceptable to me; [struck through text]
The earliest service, which I have been able to find of this regiment, is detailed in the deposition of W. Dougherty of [text struck through] His deposition is that he landed with that regiment (then under the immediate command of Col. Montgomery) in the Spring of the year 1779. Montgomery I find by W. Smith's report was the Lt. Colonel of the
Regiment. W. Dougherty states that the regiment ascended the river - Louisville in 1782, where General Clark resumed the
command of it; it belonging to his brigade, & that Major Crittenden was there acting as the aid-de-camp of General Clark: That the deponent continued to serve in the regiment until it was disbanded

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in the year 1783. But at what time in 1783, the witness does not state.
Taking the 27th June 1783, when Genl Clark's full pay ceased and his half pay commenced, as adjusted & settled to the day of his
Death at the treasury (under the act of 1832, 5. July,) before referred to, as the time when this regiment was disbanded, then the six years  and four months service in it by John
Crittenden, as Lieutenant, for which the constituted authorities of Virginia granted him bounty, (but would not him bounty as brigade major, altho [although]so reported in the returns of
regiment) would carry his service back to 27th February 1777; but if the 21st April 1753 be adopted as the period to which his services for six years & four months were computed by the authorities of Virginia in issuing his land warrants for his bounty, then the
commencement of his service would be carried back to the 21st of December 1776.
The end of John Crittenden's service of Six years & four months in this, Clark's, or Illinois, regiment is the subject of
inquiry now. 
Col. Crockett's regiment was disbanded in Decr 1781 & the troop of Cavalry of Captain John Rogers, & the Illinois regiment were retained in service. This troop of Cavalry was raised by act of May Session 1779 "for the greater security of the inhabitants
of Illinois" (10. Henning P. 26.). The act of October
Session
22

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Session 1780, (10. Henning p. 389) directed "the regiment under Col. George Rogers Clark's command," to be revisited & fully completed "for the defense of the Western frontier against the invasions of the Indian or British enemy." Being so specially appropriated for a particular service, it could not have been disbanded until the end of the war & the return of peace had secured against the "British enemy."
There is to every was succeeded by a treaty of peace a political & legal end, and a practical end: The former from the day assigned by treaty for the cessation of hostilities & the commence of peace & friendship; the latter from the notice received by the hostile forces in distant parts that the treaty of peace & friendship has been made, so that after acts of hostility are unlawful.
In discoursing upon the subject of five years full pay, in commutation of half pay for life, due to officers of the Virginia State line who served "until the end of the war," some wise men, whose matured opinions are justly entitled to very high respect, have put forth dicta that the end of the war in the state of Virginia was the 21st, of April 1783, the date of the proclamation made by the governor of Virginia announcing the proclamation of Congress of 11th, April 1783 respecting the treaty of peace signed & concluded between Great Britain & the United States. Those opinions were not well considered & ripened.
XI Henn:
p. 550.

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They serve to prove the truth of the apothegm nemo mortalinm omnibus horis sapit." A wise man will sometimes miss the mark. Truth is comprehended by examining principles, and implicit faith belongs to fools.  That the date of the proclamation of the governor of Virginia was the legal end of the war of the revolution is a proposition with cannot stand the test of an examination; it is a wide departure from first principles.  The governor of Virginia could make no law by his proclamation.  He could not make peace or war by his proclamation.  The state of Virginia has no [not] power of making peace or war, or a treaty with a foreign nation.  The sole + exclusive right + power of determining on peace and war was vested in the Congress of the United States by its sixth article of the confederation.  The proclamation of the governor of Virginia announced the fact that the Congress of the United had on the 11th of April 1783, made their proclamation of a treaty, of peace signed + concluded between the United States + Great Britain, and enjoined all the people of Virginia in office + out of office, " to pay due obedience to the said proclamation of Congress."  Suppose the governor of Virginia had delayed his proclamation until the 1784, would the war have continued in Virginia until that time?  Suppose the governor had made no proclamation, would the war have had no end in Virginia?

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The proclamation of the 11th, April 1783 by the Congress of the United States was not the cause which put in and to the war & made the beginning of peace. One of the belligerents can not by his sole act, put a stop to all hostilities, to the hands of his enemy, & make a peace. The end of war & beginning of peace must be, can only be, by the concurrent wills of the belligerents; by solemn treaty by which both parties promise, & engage reciprocally,
to refrain from hostilities, & that there shall be peace & friendship between the two nations.
The proclamation of Congress of 11th, April 1783 recited, that a treaty of peace between the United States & Great Britain had been signed at Paris on the 30th, Nov 1782, but not to be conclusive until terms of a peace should be agreed upon between Great Britain & France; that preliminary articles of peace had been agreed, between the King of Great Britain
& the King of France on the 20th, January 1783, & on same day between the King of Great Britain & the King of Spain, which were to have effect after the Exchange of the
ratifications of said preliminary articles; and that it was stipulated between these three powers that the treaty, between the United
States & Great Britain should take effect as soon as peace should be established between said Crowns; and that his Britannic
had delivered & did desire that the United States should be comprehended in said cessation of hostilities, which declaration had been accepted on

XI. Henn:
P. 549

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said 20th, January 1783; and also reciting that the ratifications of said preliminary articles had been exchanged at Versailles on the 3rd, Feb. 1783, between Great Britain & France; and between Great Britain & Spain on the 9th, February 1783, by reason whereof the said treaty of peace between the United States & Great Britain, and suspension of hostilities between the said powers, at the epochs in their said articles mentioned, had become conclusive & binding, therefore warning the people of the United States to pay due obedience to the said articles & treaties.
The ratifications of sovereigns, of [ ? ] treaties signed & concluded by their ministers, when exchanged, give force & effect to the treaties in respect of the days & according to terms of treaties, as signed & concluded by their ministers, & not in respect to the date of the exchange of the ratifications.
The proclamations, of the respective sovereigns, reciting the treaty & the ratifications, give force & effect to the treaty from the day it was signed & concluded; and not from the date of the proclamation, nor from the day of the ratifications by the respective sovereigns, not merely from the date of the exchange of ratifications. The proclamations, exchange of ratifications, & the ratifications, all relate to the time when the treaty was signed, sealed & concluded by the ministries.
The proclamation of the governor referred to the proclamation of Congress, & the proclamation of Congress referred to the treaties signed & concluded by & between the contracting nations as the

There can not be a doubt that the war was ended when the Congress of the United States issued their proclamation & not when the governor of Virginia issued his proclamation founded on the proclamation of Congress.

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the cause of the cessation of hostilities, & the beginning of the relations of peace & friendship between the contracting nations & states, & the subjects of the one & the citizens of the other
The distinction between the political & legal end of the war by reason of a treaty of peace signed & concluded & the practical actual cessation of hostilities in Distant parts upon actual notice of the treaty, exists in the nature of things. This distinction is noticed & provided for in the ninth article of the treaty between Great Britain & the United States signed at Paris on the 30th, Nov. 1782, in these words, "In case it should so happen that any place or territory belonging to Great Britain or to the United States should be conquered by the arms of either from the other,
before the arrival of these articles in America, it is agreed that the same shall be restored without difficulty, and without requiring any compensation."
The opinion that the governor's proclamation
to the people of Virginia dated 21st, April 1783, was the legal ending of the war in Virginia, is crude & undigested, insistent with the sixth & ninth articles of the Confederation, at war with first principles, & can not stand the test of scrutiny & truth.
The proclamation of the governor of Virginia could not be circulated from the seat of government at Richmond

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throughout Virginia at one & the same instant. Genl. Clark's brigade & the Illinois regiment apart of that brigade, stationed in the far west, for the defense of the Western frontier, was not disbanded until after the governor's proclamation; until after the end of the war. The services of John Crittenden in the Illinois regiment for six years & four months, for which the State of Virginia paid him land County, must be sufficient evidence that he was in actual service in that regiment until it was disbanded some time after the end of the war; there is no evidence that he resigned either his commission as Lieutenant, or his office of Captain, or his office of Brigade Major - he is not a supernumerary Lieut., or a supernumerary Brigade Major, & he is known on the returns of the Illinois regiment as Lieutenant & as Brigade Major also; - there is no pretense of any record of a conviction & sentence against him by a court martial that he  be cashiered or dismissed; he held his appointments during good behavior & the war. In law & in fact, he must be demanded to have been in service until the end of the war: this entitled to five years full pay, with interest, in commutation of half pay for life.
II. That the rate of pay due to Major Crittenden is that which before, at the line, & during his service, was established by the general Congress for the pay of a Brigade Major in the continental army.
This will be manifest from the acts of assembly of Virginia upon the subject of pay to troops raised for State defense.

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29
the acts in order of time are the following, viz.
9. Henn-
n. 194
Oct Session 1776- act for raising troops for State defence "they shall be entitled to the same pay & rations
subject to the same laws, articles & regulations, as are
established by the general congress for the pay & government
of the continental troops. (9. Henning 194.)
p. 452
May Session 1770 for raising a Battalion of
infantry & for other purposes-- Shall have same bounty, pay & rations as are allowed in the Continental service
shall be subject to the continental lines of discipline
that the battalion of state artillery in raising for state defence shall be the offered in same manner &
receive same pay, & rations, as is customary in artillery regiments in the service of the United States of America
10. Hen
p. 26
May Sess. 1779 - that one troop of horse shall be
raised for greater security of the inhabitants of  the County of
Illinois."
to receive the same pay & rations, & forage is
allowed to the Cavalry now in continental service.
X. Henn.
p. 27
four troops of Cavalry in the defence of Eastern frontier, shall receive same
pay, rations & forage as the Cavalry now in the continental service  
X Henn.
P. 389
Oct session 1780 And in defence of the Western frontier against the invasions of the Indian or British army
Regiment under Col. George Rogers Clarks command to be

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37
the continental officers, five years full pay,
with interest until paid, in commutation of half
pay for life, the State of Virginia, in the spirit
of impartiality & equality, passed the act of 16th Dur
1790 XIII Henning 13), declaratory & Explanatory of the
act of 1779, to give to the officers of the State line
the like commotion of five years full pay with interest,
so that the equality held out in the beginning, by
the art of 1779, should be accomplished in the and
by the act of 1790
the acts before lited, & particularly those of
May 1779 (10 Henn. 27) for raising Roger's hoop of Cavalry
of our, 1780. (10. 389) for recruiting a completing
Clerk's regiment, show that this brigade Major in
the State line, is entitled to the pay of a brigade
Major in the continental line
the resolve of Congress of 29 July 1775 (Journals
by Zion & was fol 1.129) gave to a Brigade Major
$33 per month, lots pay was increased to $50 per
month by resolve of April 11th 1777, Vol 2 188, & by
rent of 27th May 1778 - (Vol. 2-p. 567 - 568) to the
pay of a Captain in the line & an addition thereto of
24 dollars per month, making $64 per month
when the Brigade Mary was taken at in this case

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37
the continental officers, five years full pay,
with interest until paid, in commutation of half
pay for life, the State of Virginia, in the spirit
of impartiality & equality, passed the act of 16th Dur
1790 XIII Henning 13), declaratory & Explanatory of the
act of 1779, to give to the officers of the State line
the like commotion of five years full pay with interest,
so that the equality held out in the beginning, by
the art of 1779, should be accomplished in the and
by the act of 1790
the acts before lited, & particularly those of
May 1779 (10 Henn. 27) for raising Roger's hoop of Cavalry
of our, 1780. (10. 389) for recruiting a completing
Clerk's regiment, show that this brigade Major in
the State line, is entitled to the pay of a brigade
Major in the continental line
the resolve of Congress of 29 July 1775 (Journals
by Zion & was fol 1.129) gave to a Brigade Major
$33 per month, lots pay was increased to $50 per
month by resolve of April 11th 1777, Vol 2 188, & by
rent of 27th May 1778 - (Vol. 2-p. 567 - 568) to the
pay of a Captain in the line & an addition thereto of
24 dollars per month, making $64 per month
when the Brigade Mary was taken at in this case

Page 33

Journal of Cong: [Congress]
1778
Vol. 2
p. 567.
563
out of the captains of infantry in the brigade.
The new arrangement of the continental army
by the resolve of 27th May 1778 - (Vol 2 - 567 - 568) fixed the pay of Captain of infantry at $40 per month, of artillery $50 per month & after  fixing the pay of the regimental officers in the infantry,  [illegible][artillery?] , Cavalry &ct [ect.] proceeds to regulation of the General, field, &  staff officers & resolves "That the brigade major be appointed as heretofore
"by the commander in chief, or a commander in "[illegible] department, out of the Captains in the brigade "to which he shall be appointed."
"That in addition to their pay as officers " in the line, there be allowed to an aids-de-camp 24 dollars per month; to brigade Major $24-" "to quarter master $15." --
"The present aids-de-camp & brigade Majors to receive their present pay ($50 per month as to brigade Majors) & rations"
That the said decamp-- brigade Majors & "quarter masters heretofore appointed from the line shall
"hold their present ranks, and be admissible
"into the line again in the same rank they
"held when taken from the line: Provided &
Brigade Major John Crittenden was appointed
July 1st 1781, by General George Rogers Clark (then in the
command

Page 34

33

command of a seperate department) out of the Captains of infantry in Brigadier General Clark's brigade, & was therefore entitled to pay as Brigade major at $64 per month.
Brigadier Genl [General] Clark Commanding the seperate (Illinois) department had authority in law to make the appointment of brigade major out of the captains in his Brigade. He certifies to the appointment & service of "Captain John Crittenden", as brigade major. This certificate is sufficient evidence that John Crittenden was a
captain in the brigade when appointed brigade major. (a)
It is not to be presumed that General Clark
exceeded his authority violated his duty, & disregarded the rule of his conduct prescribed by law.
The certificate of Major Crittenden's appointment & service, shows that General Clark was mindful of the law requiring the brigade major to be taken from Captains
in the brigade; he complied with his duty & authority & appointed Captain Crittenden as brigade Major; he acted as such & the government recognized him as such,
and paid his monthly wages as such. The report of John Crittenden's services for six
years & four months as lieutenant in the Illinois regiment does not conflict with, but corroborates the certificate
that he was Captain; (by right of promotion.) The

(a)
[illegible]
v
U: States

9 Peters

Page 35

officers entitled to promotion in Col. Crocketts regiment,
have all been paid their half pay according to their
rights of promotion as certified by Col. Crockett, although
they never were commissioned: the right to the higher
rank by regular succession in course of seniority, can
not be defeated by the act of the officers of government in
failing to issue the commission. General Clark himself,
before his own promotion in Jany 1781 to the rank of Brigadier
General was the colonel of this very regiment wherein John Crittenden
 had then served about four years; and no one
could better know, than Colonel Clark & brigadier general Clark
the rights of promotion in the regiment
The error of the officers of government in refusing
land bounty to John Crittenden as brigade major, altho so reported, & in issuing his land warrant for his service as 
Lieutenant for six years & four months, can not prejudice
his right to half pay commutation, or his land, as
Brigade Major, To reject, or to cut down, the claims of
the officers of the revolution & of
their representatives, seems to have been the
besetting sin of some men; of which notice is taken
in the report of the Select Committee of the house of Delegates of
Virginia, printed, with Mr Commissioner Smith's report December 18th 1834. Document 12 No 8- p. 2

From what law, or from what measure of justice, the auditor of Virginia took the sum of L 8"7"7 1/2 (Equal to $27.93) per month for the pay of Brigade Major Crittenden, I have not been able to discover. It is (as I conjecture,) [illegible]
additional pay of $24 per month according to the resolve 
of Congress of 27 May 1778 - (Vol. 2 p. 567 - 569), with an increase of $3.93
per

34

Page 36

35.
per month, for rations, or some extra allowance; leaving out the pay for month
as an officer in the line, which in all probability,  Major Crittenden had before received from the paymaster of the regiment.
It is not the pay per month, of a captain in the line & brigade Major; nor of a Lieutenant in the line & Brigade Major,
neither is that sum of L 8"7 1/2 the monthly pay of brigade major, supposing him not as officer in the line, nor conformable to any law of the State, or of the United States-- unless
it be (over & above Major Crittenden pay as Captain in the line formerly paid,) the addition established by congress of $24 per
month, with an increase for some extra perquisites.
Be that as it may, in adjusting & settling the half pay for life & Commutation of that half pay for five years full pay,
with interest, the whole pay of Brigade Major Crittenden
must be at $64. per month.
The services of the officers & soldiers of the
revolution are of the most meritorious kind. The services of the officers & soldiers of the Illinois department were very arduous
and exceedingly hazardous: they were of incalculable value to the State of Virginia & to the United States;
deserving a grateful remembrance, & especially a frank
ingenuous performance, to the full, of the promises
of bounty in land & half pay for life in money, engaged
by the State of Virginia to the officers employed in that

Page 37

service. But for the possession of the Illinois country,
taken by force of arms from Great Britain & maintained
by the troops of Virginia to the end of the war, we would
have had no pretension to claim, in the treaty of peace, the
Illinois Country, which Great Britain in a former war,
had conquered from France, & held until the whole
of the British garrisons in that country were captured in the
Winter 1777-'78 by the forces of Virginia under the command
of that renowned commander, then Colonel George Rogers Clark.
To [illegible] [skim?] & pinch, at this day, the promises of
the State of Virginia of half pay for life, (assumed now by the
United States,) made to the officers engaged in
maintaining the conquest of the Illinois country; to
higgle & stickle in a covetous spirit & miserly desire,
to lessen, or evade the obligations of those promises;
held out as encouragement to the officers to apply their services & persevere to the end of the war, would
be to descend to the lowest, meanest depth of
ingratitude, avarice, and bad faith.
The laws of Virginia from Oct 1776 to the and
of the war adopted the pay & rations for the state troops,
which the general Congress allowed to the continental
troops. All the adjustments & settlements, by the auditors
of Virginia & by the judgments of the Court of Appeals
appearing in W. Barbour's report to the House of
Repre

36

Page 38

32
representatives, January 16, 1832. (Report. No. 191- 22 congress 1. Session Vol: 1.) conform to the rate of pay fixed
by the resolves of Congress of 27 May 1778, before referred
to. In the settlement of Brigadier Genl. Clark's half pay
the standard fixed Congress, was expressly  referred to and adopted by the accounting officers of the treasury of the United States
under the act of Congress of 5 July 1832.
I have thus endeavoured to perform my duty as admr [administrator] of the goods & Chattels, rights & credits of Major
John Crittenden, I have no other interest in the
matter than as admr [administrator]  bound by law, & by my oath of
office, to a faithful discharge of my duty. Upon a
laborious & careful examination of the facts & the law, I
verily believe that there is justly due, to the estate of
my intestate, a commutation of five years full pay at
$768 per year, with interest, in lieu of his half pay for
life as Brigade Major in Brigadier Genl George Rogers Clark's brigade.
All which is most respectfully submitted
March 20th 1850
Geo. M. Bibb
If the Commissioner under Existing Circumstances
thinks
fit to decline deciding claims for
Commutation
until a future day, I hope & trust that half pay will

Page 39

Allowed
leaving the the claim for commutation
for future consideration unimpaired by the allowance
of half pay.
May 7th 1851
Geo. M. Bibb
atto: [attorney] for
Randolph Railey
adm de bonis non[{person who takes over admin of an estate when named person can't]


Case of 
Maj John Crittenden
for Commutation of
Half Pay
under act
of 5th July 1832

Page 40

"Ii"
Letters of admin de bonis non [replacement for administrator]
of John Crittenden
deceased to R. Railey
Sept 16, 1850

filed by
Geo. M. Bibb Oct 1. 1850

Page 41

State of Kentucky Woodford County Sct
September County Court September 16th, 1850
On motion of Randolph Reiley administration de bonis non of the estate of John Crittenden deceased is granted by him -
Whereupon said Randolph Reiley came into Court and took the oath required by law, and together with Richard G. Jackson as his Security executed and acknowledged bond in the penalty of $40.000 conditioned according to law Letters of
administration de bonis non are granted him in due form.
State of Kentucky Woodford County Sct Herman Bowmar & Clark of the County Court for said County do certify that the foregoing is a true copy of the order of said Court, appointing Randolph Railey administrator de bonis non of the estate of John Crittenden deceased and granting him letters of administration de bonis non as the same is of record in my office and I further certify that said letters of administration de bonis non have not been repealed or revoked. In Testimony whereof I have here unto subscribed my name and caused the seal of said Court to be hereunto affixed at Versailles this 18th day of September, 1850 and in the 59th year of the
Commonwealth
Hermant Bowmar
[ ? ]

Page 42

B W Ballard
in Major Jno Cuttinoms
from Case.
Filed 8 Oct. 1852

Page 43

State of Kentucky Be it Remembered that Shelley County personally appeared before me
Gideon Mitchell an acting Justice of the peace
in and for the County of Shelley and State of
Kentucky Major Bland W Ballard aged about
Eighty-three years and who after being duly sworn and the holy evangelist of almighty God to state with the whole truth and nothing but the truth disposeth and saith that he was a soldier of the Illinois Regiment and that he now receives a pension semiannually and that he knew well during the of the Revolution Brigade Major John Crittendon and that he was an officer and served as Brigade Major in the Illinois Regiment under the command of General George Rogers Clark and that Brigade Major John Crittendon served as such until the close of the war and the final disbanding of the troops of the Illinois Regiment - the last mentioned fact deponent saith he cannot be mistaken in and that the deponent became acquainted with said Brigade Major Crittenden at the face of Ohio which is now in Kentucky in the fall of [ ? ] and that Hon. John J. Crittenden of the United States Senate is a son of the afsd Brigade Major Crittendon and further deponent saith not this 9th day of December 1842
Bland W Ballard
mark

Page 44

State of Kentucky
Shelley County
I Gideon Mitched an acting
justice of the peace in and for the County of
Shelley State of Kentucky do hereby certify that the within named Bland W Ballard whose known to me and known to be a Gentleman of high standing and a credible person personally appeared before me and after being duly
Sworn according to Law made oath to the within statement and subscribed his name to
the same before me at his own residence on
this the 9th day of December 1842
Gideon Mitchell & Peace
State of Kentucky
Shelley County
I James S Whither clerk of the Court of Shelley County Kentucky certify that Gideon Mitchell before whom the forgoing affidavit of Major Bland W Ballard was made and when signed the foregoing certificate is an acting
Justice of the peace in and for the County of Shelley State of Kentucky duly commissioned and qualified and full faith and credit is and ought to be given to all his official acts
as well out of Courts of Justice as therein and the foregoing Signature purporting to be said Gideon Mitchells are his own genuine signature
In testimony whereof I have hereunto affixed
my seal of office & subscribed my name this the 12th day of December 1842 
Ja S Whitaker Clk
Shelby County Court

Page 45

Commonwealth of Kentucky Woodford County Sct. October County Court 1806
Judith Crittenden widow and relict of John Crittenden deceased came into Court and renounced her right to administer on his Estate Whereupon George in Bibb is appointed by the Court administrator of the said Estate who thereupon executed Bond with James B January Herman Bowmar & John McKinney 
Jr. his security in the penalty of $10.000 conditioned according to Law.
[ ? ] John Mckinney Jr. [ ? ]

Commonwealth of Kentucky Woodford County Sct.  I John McKinney Jr. Clerk of the County Court for the County aforesaid do certify that the foregoing is a true copy of the order of Court Gramling administration of the Estate of John Crittenden to George M. Webb. as fully as the same is now of Record in my office.
In Testimony whereof I have hereunto at my hand and affixed the Seal of my office at Versailles this 20th day of July 1822 and in the 41st
year of the Commonwealth.
John McKinney Jr. [ ? ]

Page 46

Copy
of J. Crittenden's
Court of Settlement
preemption for
actual settlement of
raising a crop of
Corn in Kentucky
1776-

Page 47

At a Court Continued & held at Bryan Station on Elkhorn Creek for adjusting Title, to unpatented lands by the Commissioner for Kentucky District  this 4th January 1780

Present
Wm. Fleming
Stephen Trigg
Edmund Lyne
Gentlemen

John Crittenden by Anthony Buckner this
day Claimed a Settlement and preemption
to a tract of Land in the District of
Kentucky lying on a Sinking Creek about 2
miles South of Crittenden Camp to Include his improvement by settling and raising a Crop of Corn in the Country in the year 1776 satisfactory proof being made to the Court they are of opinion that the Said Crittenden has a right to settlement of 400 Acres to include the above mentioned improvement & the preemption of 1000 Acres adjoining
and that a Certificate issue accordingly
A Copy Attest
E A Macurdy R. L. O.
By Richd [Richard] Long [illegible]

Page 48

Evidence upon which Crittenden received additional land from Va in 1810 as a Lt in Continental line.

Page 49

The Representatives of John Crittenden are entitled to additional proportion of land allowed a Lieutenant of the Continental line for four months service more than six years -
Samuel Coleman
Council Chamber
July 28th. 1810
Jno Tyler
Warrant No. 5.859 - for 48 acres iss. the 28th. July 1810 to John Crittenden's Rept. and delivered to James Tayler (see pow. atts. with vouchers filed.)
A copy from the Records of the Virginia Land Office Teste
S. H. Parker Reg. L. Office
25 cents fee

Page 50

Copy of evidence upon
which Crittenden rec'd land
from Va in 1783 as a
Lieutenant in the continental
line

Page 51

I hereby certify that Brigade Major John Crittenden entered as a commissioned
officer in the Continental service, the 21st of July 1777, and continues constantly in the said service from the said date, to the last of February 1781 when, at an arrangement at Chesterfield Court House he was deemed a supernumerary Lieutenant. And I do further certify, that during the aforementioned service, the said Crittenden was neither superseded or cashiered.
Given under my hand this 20th of June 1783.
O. Towles Lt. Col.
I hereby certify that a warrant for 2. 666 2/3 acres, issued to Lieutenant John Crittenden the 23rd of June 1783, and that none appears to have issued since -
Chas Blagrove Regt.
Land Office
July 26, 1810
Executive Department
Richmond Va April 12, 1852
I hereby certify that the foregoing is a true
copy of a paper filed in this department.
WH Richardson [ ? ]

Page 52

Miss Elizabeth W. Putnam 491 Tenth Street Brooklyn, New York 

 February 5, 1940 
BA-J/AWF John Crittenden R. 13465 

Dear Madam:
Reference is made to your letter in which you request information in regard to Major John Crittenden of Virginia, particularly his service , in the Revolutionary War. The data which follow were obtained from the papers in pension claim, R. 13465, based upon service of John Crittenden in the Revolutionary War. This office has no further information in regard to his service. The date and place of birth of John Crittenden and names of his parents are not given. John Crittenden served as Captain and Brigade Major in the Illinois Regiment, under Colonel Anthony Crockett and General George Rogers Clark, marched to the Falls of the Ohio, and in an expedition against the Shawnee Indians, in which they killed ten savages, took some prisoners, demolished seven towns and burnt many bushels of corn; he continued in the service until the regiment was disbanded. It was stated that he served six years and four months. He was elected in 1783 from Fayette County, Kentucky, to the Virginia House of Delegates. He was killed in the year 1803, near his home

Page 53

RE: Handwriting on left edge of page ---
This is rather a bad one [illegible] so difficult [illegible] [illegible] with John Crittendon recd by [illegible] U.S. Govt are one and the same


in Woodford County, Kentucky, by the falling of a tree. John Crittenden left a widow, Judith, of Woodford County, Kentucky. Her maiden name is not given, there are no details as to their marriage, and the date of her death is not shown. Reference was made December 9, 1842, to a son of John Crittenden, John J. Crittenden then in the United States Senate. In 1850, Governor Grittenden of Kentucky (no relationship to Major Crittenden shown) was referred to, also his sister, Mrs. Thornton; and reference was made in 1850, to the "children of the deceased sons and of a deceased daughter of Major John Crittenden". It was stated that Randolph Railey married a daughter of Major Crittenden, and that Dr. Wilkinson was a connection of the family of "Mr. Crittenden". The names of the children of Major John Crittenden are not given, other than the John J. Crittenden referred to above. Randolph Railey applied under the Act of July 5, 1832, for the Half pay which might have been due the heirs of Major John Crittended. From the records of this office it is not shown that the claim was allowed. As a possible means of securing further information relative to the service of John Crittenden, it is suggested that you apply to the State Librarian, Richmond, Virginia. Very truly yours A. D. HILLER Executive Assistant to the Administrator

Page 54

R 
Copy of Secretary McLanes letter to Dr Wilkinson reporting Crittenden's claim.

Page 55

Copy 
Treasury Department 
20th February 1833.

Sir
The further evidence presented by you in support of the claim of John Crittenden to half-pay under the act of Congress of the 5th July 1832 has been examined. It appears that Mr Crittenden was a Brigade Major. As such he was not entitled to half-pay from the State of Virginia under the Act of the Legislature passed in May 1779, and consequently is not entitled to half-pay under the Act of Congress
I am, respectfully Your Obt Servt 
Signed 
L. McLane
Sec. of the Treasy 
Dr. Wilkinson  
Care of the Hon. George M. Bibb U.S. Senate

Page 56

Copy of a letter from
John Crittenden to
Wm Davis Commissioner
of war.-

Page 57

(272)
Fayette County 29th November, 1782
Dear Col.
I thank you for your favour the sixth of April last of which this moment came to hand, accompanied by a letter from B. Genl Irwin to Genl Clark dated Fort Pit Seventh Inst announcing that the intended expedition against Sandusky under his command in October last was countermanded by the Secretary of the continental board of war
in consequence of the savages being silenced on our frontiers, the most pleasing and interesting intelligence ever yet experienced by the citizen of this department.
As the most accurate accounts will be given you of our late expedition against the Shawanee Indians I shall be silent on that head (with this observation only) that we
recrost the Ohio river on 18 inst. having held
the savages, taken ten prisoners, depopulated
seven Towns, and burnt ten thousand bushels
of corn. I have no reason to doubt but the conduct of those by whom the State have suffered abuses will be held out to the most conspicuous view, and treated as atrocious
criminals. I have this day made out the location for your warrants committed to my charge by Capt Holt and shall enter them with Col Marshall whose office is now open in two or three days after which shall proceed with utmost dispatch to have them surveyed
therefore would wish you (if convenient) to write him on the subject of the expenses arising as I am without the means or otherways would willingly defray

Page 58

273
them pray excuse haste and believe me with most sincere regard
Your most hon. 
and very humble servt
John Crittenden
To Col Wm. Davis
Commissioner of the war office
Richmond
I do certify that the foregoing is above
copy of a letter found in the 1st volume of Illinois
papers deposited in this office and that the letter
has every mark of a genuine and original paper
Given under my hand this 13th day of February 1833 at the Auditors office of Virginia.
Jas. E. Heath Aud. of [illegible]

Page 59

Hon. Geo. M. Bibbs
last argument
Feb 17, 1853

Page 60

In answer to Wm. Heath last argument,  I refer to the depositions of Ben Roberts & Island W. Ballard both officers in Clarkes Regiment, swearing to their being stationed in Louisville with John Crittenden of that Regiment, the one in the Spring & the other in the fall of the year Seventeen hundred & Eighty (not in 1781, as Wm. Heath has erroneously stated in his report, & before J Crittenden of 15th Virginia regiment became Supernumerary in Feb 7, 1781 - as stated by Wm. Heath at the Chesterfield Arrangement.
The document from the State department (11.W) shows that John Crittenden of the 15th Virginia Continental Regiment was in actual service under Genl Washington in the year
1780. (& did not become supernumerary until Feby 1781-as W. Heath states), whilst the deposition of B. Roberts & B.W. Ball and prove that John Crittenden of the Illinois regiment was in service & stationed at Louisville in the year 1780 & Smiths report shows that John Crittenden of the Illinois Regiment, served therein for six years & four months. Therefore
J. Crittenden of the 15th Continental Regt of
Virginia, & John Crittenden of Clark's
Illinois Regiment on State Establishment, were
two distinct persons in service in the year
1780, in different parts far distant the
one from the other-

Page 61

These record & depositions speak for themselves & show my ignorance of the facts, & my mistake
when or admr, I wrote a letter asking a land
Warrant for Major Crittenden heirs, with which as admr I had no official concern whatever - the
question is, were there two persons; one of the 15. Virginia Regt on continental Establishment, the other of Clake's Regiment on State Establishment? The testimony is clear that there were two persons, both in service in their respective regiments in the year one thousand seven hundred & Eighty. (1780)
All which is respectfully submitted.
Feby. 17th 1853-
Geo. M. Bibb
for R. Railey
adm
To the Hon. The Secretary
of the Interior.

Page 62

Peter F. Tripletts Depr.

Page 63

I Peter H Triplett of Culpepper County and State of Virginia aged seventy eight do declare and state that I first became acquainted with Major John Crittenden at a place called the new store on the Monongahela river in the year 1781, when Colonel Crockett's regiment served there on their way to Louisville at the falls of the Ohio river - and I then joined my company commanded by Captain Ben Roberts at Louisville - Major John Crittenden was a very active officer and a great favourite with the soldiers, as well as the officers - I have several times taken him on my back and carried him to the shore - Major Crittenden continued to discharge his duties until the regiment was disbanded after we heard of the surrender of Cornwallis - The before named Major John Crittenden was the only man of that attached to the army of The Revolution. And further this deponent saith not witness my hand this 22nd day of December 1832. -
his
Peter H. Triplett
mark

State of Virginia Culpepper County sct.
The above named Peter H. Triplett personally appeared before me Thomas Humphreys a justice of the peace in and for the County aforesaid and sworn to the truth of the foregoing affidavit and signed the same by making his mark - I have long known said Triplett suppose him to be as old as he states himself to and I from an intimate acquaintance with him I know him to be worthy of credit. Given under my hand this 22nd, December 1832.
Thos. Humphreys
seal

Page 64

Feb. 11th. 1833.
I know the hand writing of Thomas Humphrey
Esq & believe the explicative to the pension.
He is an acting magistrate for Carlton County in the State of Virginia & full faith & credit are due to his act in that county.

J. S. Barbour

Page 65

August 20. 1851
George M Bibb Esqr
Representative of John Crittenden
Sir
I have examined the application of the representative of John Crittenden for Hall pay under the act of Congress of 5 July 1832 and are of opinion that the claim is utterly without foundation. The papers when first filed appear to have been presented for commutation but as the consideration of that class of claims had been prohibited by an order of the department, the demand is confined to half pay only. The papers received accessory examination some time since but a single glance was sufficient to show that the claim was based upon us views of the act of 1832, its examination was post posed to others having a stronger legal support, a fuller investigation has not in the least degree weakened the first impressions of the case. Its history as derived from such sources of evidence as could be consulted is simply this. M Crittenden first engaged in the service as a Lieutenant in the

Page 66

Continental line. His name is found as a Captain Lieutenant in what was called the Chesterfield arrangement made in Feb. 1781 under the direction of Baron Steuben and consisting of officers of the Continental line, by that arrangement it appears that Crittenden became a supernumerary by choice
The records show that he received his commutation pay as a continental officer amounting to the sum of $1600 and that he also received a land warrant for 200 acres from the General Government
Virginia made a generous provision for his
officers of both lines and Lieutenant Crittenden received from his nearly 3000 acres for 3 years & 4 months Continental services
In the year that he became supernumerary in
the continental line his name is found connected with the State Regt of Illinois commanded by Col Clarke. It does not appear to what company he belonged if to any in that regiment, but he settled his depreciation account as Brigade Major under Genl Clarke and received a specie certificate for the balance due. It is probable that after the termination of his continental service being a resident of Kentucky at that time a portion of Virginia he was fired with the resolution

Page 67

to aid in the Western defense of the State and for that purpose volunteered his services under an officer of Valor & distinction It is a part of M. Crittenden's merit that Gen Clarke selected him from so many brave officers for so distinguished a port in the staff service as Brigade Major. The precise duration of his service in that capacity does not appear nor is it material. The question, was he entitled to half pay under the act of Virginia Legislature passed at the may session of 1779 which promised that gratuity to certain enumerated officers of the Virginia State line. The act of 1779 is express confined to General & Field officers & subalterns of the line & to such of the staff as are embraced in the denominations of Chaplains Physician Surgeons & Surgeons mates no other staff officers are provided
for, for the obvious reason that in almost all other cases the staff was selected from the line & by the decisions of the Courts of the State the officers half pay was settled at half the amount he received for full pay in the line & staff service added together on that way and in that only the allowance to an officer was ascertained by reference to his lineal rank. But even if staff officers generally had been included in the act of 1779 Major Crittenden's claim

Page 68

would be defective without regular proof
of his appointment at Brigade Major to the
Illinois regiment. He held no commission
as Brigade Major, for Genl Clarke himself certifies "that Capt [Cuelleudeu?] [illegible] accepted the post under his direction from the 1st of July 1781 until the 22d of November 178 [ink blot]", This certificate appears to have been the Evidence upon which he was paid for that service. So little was the service of Brigade Major regarded by Virginia as entitling Mr Crittenden to extra gratuities, the commissioner appointed by the State to examine the claims of Land bounty in the State line reported against his right

From the foregoing statement of facts the
conclusion is inevitable that Mr Crittenden
served as an officer of the Continental line &
retired as such from choice, & that his service
as Brigade Major under Genl Clark was only
a temporary volunteer service not even entitling
him to land bounty, much less to half pay, which
was not promised by the act of 1779 to staff officers
I am very Respectfully
[illegible]
(signed) J E Heath

Page 69

Crittenden
1001
Copy of a Paper
filed in the Half pay
case of
Jacob Vanmeter
Rank of the officers
of the Illinois Regiment
and dates of their respective commissions.
28th January 1782
( cc )

Page 70


Rank of the Officers of the Illinois Regiment
and date of their respective Commission
Louisville, 28 Jan 1782.
Names                        Rank            Date of Comm
John Montgomery     Lt. Col.       14th December 1778
Thomas Quirk             Maj           17th August 1779
Robert Todd               Capt           17th March 1780
Isaac Taylor                 Capt           18th March 1780
Abraham Kellar    Capt killed 12/12/1781  10th March 1780
John Bailey                  Capt           29th March 1780
Richard Brashear         Capt           30th May 1780
John Girault                  Capt          30th June 1781
Michael Perrault          Capt            10th October 1781
Joseph Calvit               Lt                1st June 1780
James Montgomery    Lt                2nd June 1780
Abraham Chaplin        Lt                3rd June 1780
Richard Clark               Lt                4th June 1780
Jarret Williams             Lt                5th June 1780
William Clark                Lt                6th June 1780

This certifies that the above is a true Roster
of the Illinois Officers.
G R Clarke

It appears by the Returns of Col Montgomery's Regt that
there were raised in May 1779.......350 effective men
August 1780. Reduced to..................130 men
At present with Recruits ....................130 men
(rank)

Page 71

John Montgomery Col.
Illinois Regt.
John Montgomery Lt. Col.
Comd. Illinois

Casualties
Capt. Kellar Killed 12th, December 1781.
General Clark's Commision (who was Colonel of the within Regiment) was dated January 2nd, 1778.

Page 72

Richmond, April 13 1782
A Board of Officers belonging to the Western Department a....m.d [assembled?] by request of Col. Davies agreeable to an act of Assembly of last session-
Col John Montgomery, President
Members
Majr. George Walls
Majr. Tho Quirk
Cap.t William Cherry

The Board having considered the order of Council of January 18th....[illegible] have proceeded to give their opinions as
follows Relative to the Officers of the Western Department.....d  who are not entitled to the Benefit of half pay.
It is the opinion of this Board that the officers
on the Enclosed list of the Illinois Regiment are
entitled to the Emoluments allowed the officers of this State by Act of Assembly, as it appears they have been in service since the Raising of the Illinois Reg't and continue in service until discharg'd [discharged] by Act of Assembly, and they have behaved (whilst in service) as Good officers and Gentlemen
John Montgomery Lt. Col. Comadr.[Commander] Illinois Reg't. [Regiment]
Illinois Regt

In Council Nov. 14 1783
The above Report ought to be considered as

Page 73

authentic
Benj. Harrison

Endorsed on paper marked no. 21 is the following
April 13, 1782. Report of the proceedings of a board officer of the Western department held for the purpose of ascertaining who are to be entitled to half pay to & who's not

Auditor's Office Va
30th, July 1852

I certify that the foregoing papers marked no. 1 & 2 with the exception of what is written in red ink, are true copies of original papers on file in this office, which papers are attached together & I further certify that where blanks occur in the body of writing, it is owing to the fact that the original has been so worn out as to be altogether illegible - so also with the erasures.

signed G. W. Clutter
Actg. Audition

Pension Office
August 12th, 1852

I certify that the foregoing is truly copied from a paper filed in the half pay case of Jacob Vanmeter.
F. F. C. Triplett
Acting Commissioner

Page 74

The Commissioner of Pensions supposes that
John Crittenden of the Continental line, & John Crittenden of the State line, to have been the same person: that after John Crittenden of the Continental line "became Supernumerary by the Chesterfield arrangement made in February 1788". he in the same year volunteered his services in "the State regiment of Illinois commanded by Colonel Clarke."
This supposition is flatly contradicted by
the testimony- The evidence by the public documents & by the depositions, show, clearly & conclusively, that John Crittenden Captain Lieutenant in the Continental
line, & John Crittenden Lieutenant, Captain, & brigade Major in the State regiment of Illinois, were two different men bearing the same name.
1. The document from the State

Page 75

2
department, (11.W.) shows that, in the year seventeen hundred & Eighty - (1780) John Crittenden Lieutenant 15. Virginia regiment commanded by Col. Mason, and continental line was in service under General Washington. All histories of the Revolutionary war attest that in that year the army under Genl Washington was operating in New York, Jersey & Pennsylvania, & particularly in the former State, watching the British forces in the City of New York under the Command of Sir Henry Clinton. And the deposition of Ben. Roberts (F) proves that in the spring of the year Seventeen hundred & Eighty (1780) & for two years thence ensuing  he was in service with John
Crittenden in the Illinois State regiment commanded by Col. George Rogers Clark, then Stationed at Louisville at the falls of the Ohio river. So these two officers, the one in the Continental line 15th Virginia regiment commanded by Col. Mason, the other in the Virginia State line, & Illinois

Page 76

3
regiment commanded by Colonel George Rogers Clark, were both in actual service in their respective regiments in the same
year 1780, & in places far distant the one from the other.
2. The Illinois documents, report of Commissioner John H. Smith, & the extracts therefrom, (Exhibits B.&C), show that
John Crittenden of the Illinois regiment, Lieutenant & brigade major, served in that regiment for six years, & four months The Comm.r [Commissioner] of Pensions, in his  first report stated his service at three years & four month, but in his reexamination & report to the Secty [Secretary] of the Interior that mistake is corrected by stating the service
for six years & four months according to John H Smith's report. The officer serving for six years & four months could not be John Crittenden of the Continental line. For he
entered the service 21 June July 1777, as proved by the certificate of Col. O. Towles (6) filed by the commissioner of Pensions, & also

Page 77

by the certificate of the Department of State, (11. W). Now if we compute the time of service of six years & four months from & after 21. July 1777. we are brought down to 21. November 1783, long after the war had ended, & the Continental troops, & the State regiment of Illinois, & the whole Illinois brigade, had been discharged. So that this continental officer John Crittenden who first entered the service on 21st July 1777. in the 15th Virginia regiment, could not have been the man
who served for six years & four months.
3. The Illinois regiment & brigadier General Clarks brigade were disbanded, & Genl. George Rogers Clark was out of command &
whole pay, on 26-June 1783, as appears by the adjustment of Genl. Clerk's half pay under the act of Congress of 3. July 1832, as certified by the Register of the treasury, (9). Now by competing back from 26 June 1783, the six years & four months, during which John Crittenden served as Lieutenant Capt. & Brigade Major.

Page 78

5
in the Illinois regiment (as by J. H. Smith report Exhibits B. & C. & document (7.H.) containing of Genl Clark's certificate of his appointment as brigade Majr, [Major]) we find the beginning of the service of John Crittenden as Lieutenant in the Illinois regiment commanded by Col. George Rogers Clark, to have been on 26 February 1777, four months & twenty five days before John Crittenden of the Continental line entered the service.
These facts indisputable, That John Crittenden
of the State line & Illinois regiment commanded by Colonel George Rogers Clark, served therein as Lieutenant & brigade major for six years & four months; that whilst John
Crittenden of the Illinois regiment, was in actual service in year 1780, at the Falls of the Ohio river under the State Officer Col George Roger Clark, John Crittenden of the continental line was at the same time in service in

Page 79

6
service in the 15th Virginia regiment commanded by Col. Mason, & under the command of General Washington, widely distant from the Falls of the Ohio river; that John Crittenden of the Continental line entered the service on 21st July 1777, & therefore could not have served six years & four months, because the war did not continue so long, & the Continental troops & the State regiment of Illinois were disbanded before six years & four months from 21. July 1777 had run.
These facts & dates are too stubborn to yield 
to the theory & fancied vision that John Crittenden of the Continental line, who entered that service in July 1777 & became supernumerary in February 1781, did thereafter volunteer his service in the State
regiment of Illinois & serve therein for six years & four months.
John Crittenden of the Continental line, 15th Virginia

Page 80

7
regiment, afterwards the 11th, served from 21 July 1777, to the last of February 1781 - three years, seven months & about one week & then became a supernumerary by the arrangement of the Continental regiments, officers, & privates; and John Crittenden of Kentucky, of the State regiment of Illinois, actually
served therein from 26th February 1777 till 26th June 1783, six years & four months. It is impossible from the evidence to amalgamate the services in the continental line & 15th Virginia regiment with the services in the State
regiment of Virginia commanded by Col. George Rogers Clerk. It is impossible that one & the same man could have performed the services for three years seven months
& a  week in 15 Virginia regiment on 
 Continental Establishment, & thereafter have performed services in the State regiment of Illinois for six years & four months. For
that supposition requires that the services in the Continental

Page 81

8. ┃
line & state line together should have continued from 21 July 1777, when the continental officer John Crittenden first entered the service, to the last of June 1787-long after the war had ended & the continental hoops, & the Illinois
State regiment & Illinois State brigade officers, & privates had all been disbanded & discharged.
Why it is, that after the Commissioner of Pensions had in his reexamination detected the error of his first statement as to a service of three years & four months only, in
place of the true time of six years & four months, he did not then perceive that the same man could not by any possibility have performed the established military services, that necessarily there must have been two different men serving the one in the Continental line & the other in the State line, may be a matter of Wonder to the Curious.

Page 82

9
As it is the lot of mortals to err, ("Hominum
Est Essare" "Nemo mortalium omnibus hosis Sapit",) we should judge their errors charitably. But it is not uncharitable to apply for a correction of mistakes & grievous errors.
Geo. M. Bibb
for
Ralph Railey, admr

Page 83

Demonstration,
that
John Crittenden of the
continental line 15 Virg'a [Virginia]
regiment
&
John Crittenden of the
state line Illinois  reg.t [regiment]
were two
different distinct men,
both in service at one &
the same time, in places
far distant the one from
the other.
As to half pay. Wm Reynold's
(recently decided)
allowed half his pay in
the line & in the State
added together.

Page 84

The Hon:
Louis McLane
Secty [Secretary] of Treasy [Treasury]

70 John Crittenden

Page 85

The Hon:
Louis McLane
Secty [Secretary] of Treasy [Treasury]

70 John Crittenden

Page 86

Recd 4 Jany 1833
160
Senate Chamber
I send you inclosed a certified copy
of the letters of administration granted
to me upon the rights & credits of
Majr ]Major]  John Crittenden deceased.
Also depositions showing that he was an
officer in the Illinois Regt & is provided for by the act of congress of 1832.
Be so good as to have the claim examined & adjusted by the proper accounting officers.

your',
Geo. M. Bibb

Page 87

John Crittenden,
Dec.
Act 5 July 32
N
Letters of Atty July 1st
Filed by
Han. C. S. Morehead
HR

Page 88

Power of Atto from
George M Bibb of Kentucky 
Admr of John Crittenden 
dec' to Samuel Coleman 
authorizing him to receive the additional land County due said
Crittenden as 
an heir of the Va Continental line
BB

Page 89

I, George Bibb
of Kentucky Administrator of the estate of John Crittenden deceased, do by these presents constitute and appoint Major Saml [Samuel] Coleman of the City of Richmond in Virginia, to demand & receive of the Register of Virginia, a Warrant for all the additional bounty land due unto the said John Crittenden for his services as an officer in the Virginia Continental line, and the said Register is authorize to issue the said Warrant in the name of James Taylor, the same being for value received of him, and my said Attorney is authorized to do and perform all matters and things I could do in the premises were I 
 personally present, and an attorney if necessary to appoint for the purpose aforesaid.
Hereby ratifying whatever my said Attorney or his substitutes shall or may legally do in the 
 premises
In Witness whereof I have hereunto set my hand and seal this 16th day of November 1809
Geo. M. Bibb Seal {circled]

State of Kentucky
Franklin County
sct.
I Daniel Weiseger Clerk of the County Court for the County and State aforesaid being 
 authorized by law to receive the acknowledgement of proof of Deeds
and other writings do certify that this letter
of Attorney from George M. Bibb to Saml
Coleman was presented to me in my office
acknowledged by the said George M. Bibb to be his act and deed & for the uses and purposes therein mentioned-
In Testimony whereof
I have hereunto set my hand and caused
the seal of my said Office to be hereunto affixed this 15th day of November 1809 in the 18th year of the Commonwealth ┃
Daniel Weiseger

Page 90

I, John M Scott presiding Justice of the County of Franklin in the State of Kentucky do certify that Daniel Weisiger whose signature is affixed to the foregoing certificate is Clerk of the County aforesaid, and that the said certificate is in due form Given under my hand this 16th day of November 1809
Jno. [John] M. Scott.

Sec James Taylor's rect [receipt?] on the cert [certificate?] of Executive, who has promised to deliver the Warrant to one of the legal 
representatives. This power being executed by an Admor [Administrator?] is not deemed sufficient, who has no control in this State over lands.
C.B.

The Representatives of John Crittenden are entitled to the additional proportion of land allowed a Lieutenant of the Continental line for four months service more than six years
Council Chamber
July 28th 1810
Samuel Coleman
Jno. [John] Tyler

July 28th 1810.
Recd [Received] 
from the Register of the Land office a Warrant for 148 acres which issued to John Crittendens repts [representatives?]  No: 5859 which I promise to deliver to one of the legal repts. [representatives?]
James Taylor


Test
John Davenport

The foregoing is a Copy of papers on file in the Virginia Land Office
Teste, S. H. Parker Reg. L. Office

Page 91

Va Land Office
Richmond August 5th, 1852

I certify that it appears from the Records of this
Office, that on the 23d day of June 1783 a Warrant for 2666 2/3 acres No. 1007, issued to John Crittenden for his services as a Lieutenant of the Virginia continental line, three years.
S. H. Parker Reg. L. Office

Page 92

Court of Claims
March 8, 1858
John Crittenden
Asking
for
evidence in the
case of J. S.
Bowman
Respectfully referred
to the Commissioner
of Pensions
Dept Int.
Mar. 9/58
Moses Kelly
Chief Clk.
and
March 13/58
See Inside
Recd 9 Mch 58
W. Rhett

Page 93

Court of Claims
March 8 1858
Sir
Enclosed is an order of the Court of
Claims for evidence in your Department
to be used in the case of Isaac S Bowman vs. the United States, now pending in said Court
I have the honor to be with great respect your
obedient servant


Saml [Samuel] H Huntington
Ck [clerk] 6th Court of Claims
Hon. [Honorable]  Jacob Thompson
Secretary of the Interior

Page 94

Court of Claims
March 16th 1838
Sir
Your letter of the 13th instant transmitting to the Court of Claims documents to be used as evidence in the case of I J Bowman vs The United States was this day received
Very respectfully
Your obedient servant
Saml [Samuel] H. Huntington
Ck [Clerk] 6th Court of Claims


G. C. Whiting Esq
Commissioner of
Presions

Page 95

Decision of
Secretary M Lelland
March 27, 1854
Affirming the decision
of the commissioner
Lt Crittenden

Page 96

Department of the Interior,
Washington, March 27th 1854
Sir;
The claim of the legal representatives of Major
John Crittenden late of Kentucky, deceased, for half pay under the act of Congress app July 5th 1832, appears to have been first presented shortly after the passage of that act and to  have been rejected by in [illegible] Secretary McLane of the Treasury Department on the 20th of February 1833.
Within the last three or four years it seems to have been revived by the Hon Geo. M. Bibb as Attorney and Administrator and brought by appeal before my immediate predecessor who again rejected in on the 4th of June 1852, but upon the receipt from Mr Bibb of an argument intended to show that Lieut John Crittenden
of the Continental line and the Brigade Major
John Crittenden who was attached to the Illinois Regiment, were two distinct persons, your predecessor was requested to examine the claim upon that issue. This he appears to have done, but certain new evidence and arguments having been presented subsequent to his report

Page 97

of the result of that examination dated the 27th of August 1852, he was again requested to review the claim and submit a report thereof which he died on the 4th of February 1853.
Finding this, amongst a large number of claims unacted on when I took charge of the Department it was returned with others, to be first examined by you and is now again before me in your report of the 18th Inst. 
This claim having been examined and rejected by Messrs. Secretaries McLean and Stuart the only question which I can property consider is
that raised since Mr. Stuart's decision of the 4th June 1852, as to the identity of Lieut John Crittenden of the Continental line with the Brigade Major Jno [John] Crittenden who was attached to the Illinois Regiment, and upon that point I fully concur with yourself and Mr Commissioner Heath in the opinion that the evidence is conclusive of their being one and the same person.
This being the case and Lieut Crittenden having in his life time, received his commutation of five years full pay in lieu of half pay for

Page 98

life, no claim exists against the United States
under the Act of 5th July 1832.
All the papers in the case, except the several reports from your office, are herewith returned
I am sir,
Very respectfully
Yr [Your] obet [obedient]  Servant
R. W. McClelland
Secretary

Hon: L. P. Waldo
Commr [Commissioner] of Pensions

Page 99

Court of Claims
March
March, 1858
Isaac S. Bowman
vs
The United States 
In this case the Court made the following order. To the Hon. [illegible] Secretary of the Interior
You are hereby requested to furnish to the
Court of Claims the papers in the case of
John Crittenden, to be used as evidence in
in the investigation of the claim of Isaac
S. Bowman, Exr [Executor]of Isaac Bowman deceased.
If those papers cannot be furnished, then
it is requested that the Court be furnished
with the following papers (or copies of
them) namely, "Instructions to Genl Clark
in the case of John Crittenden A. A." They
are probably dated Jan 2nd 1778. Also "Heath's Report in John Crittenden's case, marked 4th February, 1853, Page 1st" The above are extracts from a Report to the Secretary of the Interior by J.F. Adams Examiner to Mr Waldo, Commissioner of Pension,  dated Aug 9th 1853. in the case of Isaac Bowman, Together with any other
information in your Department
pertaining to elucidate said claim
A line copy of record.

Page 100

In testimony whereof
I have hereunto set
my hand and affixed
the seal of said Court
at Washington this
8th day of March 1858
Saml [Samuel]  H. Huntington
Chief Clerk Court of Claims

[seal]

Page 101

Copies of "Instructions to Genl. Clark"
Heath's report in Cullenders case and
decision of Sec. of Interior thereon - Sent to
Court of Claims - March 13, 1858
See Rev Letter Book

Page 102

AA
(John Crittenden)
Instructions to Col. Clarke
1778

Page 103

Instructions to Cole Clarke Jany 2779
Sir
You are to proceed with all convenient speed to raise seven companies of Soldiers to consist of 50 men each officered in the usual manner and armed most property for the enterprise, and with this force - attack the British post at
Kaskaskias. it is conjectured that there are many pieces of Con now of Military stores to considerable amount at that place, the tax King and preservation of which would be valuable acquisition to the State. If you are so fortunate therefore as to succeed in our expedition you will take every possible measure to secure the Artillery stores, and whatever may advantage the State. 
For the transportation of the Troops provisions & down the Ohio you are to apply to the commanding Officer at Fort Pitt for Boats, and during the whole transaction you are to take especial care to keep the true destination of your force secret. Its success - depends upon this. Orders are therefore given to Captain Smith to secure the two men from Kaskaskias, similar conduct will be proper in similar cases. It is earnestly desired that you show humanity to such British subjects and other persons as
fall into your hands. If the white inhabitants at that post and the neighbourhood will give undoubted evidence of their attachment to this State, (for it is certain they live within limits) by taking the test prescribed by Law & by every other way and means in their power, let them be treated as fellow citizens & their persons & their property duly secured
assistance & protection against all enemies whatsoever, shall be afforded them, & the Commonwealth of Virginia is pledged

Page 104

to accomplish it. But if these people will not acceded to these reasonable demands, they must feel the miseries of war under the direction of that humanity that has hitherto distinguished Americans, and which it is expected you will ever consider as the rule of
your conduct, and from which you are in no instance to depart The Corps you are to command are to receive the pay & allowance
of Militia, and to act under the Laws & regulations of this state now in force as militia. The Inhabitants at this post will be
informed by you that in case they accede to the offers of becoming citizens of this State a proper Garrison will be maintained among them every attention bestowed to render their commerce beneficial, the fairest prospects being opened to the Dominions of both France & Spain. It is in contemplation to establish a post near the mouth of the Ohio, Cannon will be wanted to fortify it, part of those at Kaskaskia will be easily brought thither or otherwise secured as circumstances will make, necessary.
You are to apply to General Hand for powder & Lead necessary for this expedition. If he can't supply it, the person who has that which Capt. Lynn brought from Orleans can. Lead
was sent to Hampshire and that may be delivered you.
I am Jc.
A true Copy
A. Blair C.C.
The above is truly copied from a paper in
a Volume marked "Virginia Claims" now in this Office
Heath com

Page 105

Rec' 18 Feb 1833
(267)
245
Auditor office of Virginia
Sir,
I return you the papers relating to the claim of John Crittenden, with a copy of a letter taken from the volume of Illinois papers, addressed by Mr. Crittenden to the Commissioner of war, and which shows that he was engaged in relive service to a late period of the war. Indeed I think there is little doubt that Major Crittenden continued in service till the Illinois troops were disbanded, and the reason I apprehend why he was not embraced in the report of the Board of officers in 1782, was that the Half pay provision was not expressly promised to staff officers by the act of 1779 (See Hening's state Vol. 10 page 25.) you will find that no staff officer except a single surgeon was reported in any of the Regiments, and I have not been able to find any evidence of Major Crittenden's being an officer in the line. It is somewhat curious that the act of 1779 omits all mention of the Staff, except chaplains Physicians, Surgeons and surgeon's mates. Whether indeed that act intended that a Brigade Major should be entitled to the same emoluments and advantages of an officer of the same rank in the line is a question for construction. I cannot find any statutory declaration on the subject or any decision of the courts. This indeed seems to me to constitute the chief difficulty in Major Crittenden's case.
In the hurry of business I retained no copy of a
recent communication to you, in which I believe that I enclosed some papers relating to the claim of Anthony Crockett.
If I am wrong in this impression be pleased to advise me. The papers were either sent or mislaid.
In reference to the claim of Thos. Val: Dalton

Page 106

(268)
a Lieutenant in Captain George's Company of artillery in the Illinois  Department, I lately sent you the Copy of a paper signed by Thomas Meriwether Commissioner of war, stating that Dalton had been superseded or Cashiered being reported in Muster Roll as having deserted to the enemy. I have further investigated this claim and beg leave to communicate the result. You will receive herewith a copy of the Muster Roll of Capt George's Company found among the Illinois papers, which I presume is the same referred to by Mr Meriwether. This Roll states the supposed desertion to the enemy as having occurred on the 4th of August 1782. I also send you a copy of an endorsement upon a paper found in the same volume with the Muster Roll, which paper purports to be a list of the officers in the Illinois Department retained in service in Sept 1782;-- The endorsement is signed by George Rogers Clarke in his own hand writing and states as you will perceive that Dalton was captured by the enemy. You will further perceive by the certificate also transmitted that Dalton actually received his depreciation in July 1784. Commissioner Meriwether having discovered in August following that he was not entitled to the benefit of depreciation in consequence of desertion. Reasoning from the ordinary motives of human conduct, I must confess that it appears strange that an officer who had served for several years in a Department of the Army exposed to peculiar hardships, should when the war was about to terminate have committed so infamous an act as desertion. It is much more reasonable to infer that the supposed desertion was an idle Camp rumour, and that General Clarke in speaking of the capture of Dalton possessed better means of accurate information. 
This is of course argument and inference on my part upon
the facts as stated you will form your own conclusion.
I confess that upon another point I am

Page 107

269.
much puzzled. There are regular muster Rolls of Capt Georges' Company in this office which prove that he was in service as late as the 15 Feb. 1784, and yet he was not reported by
General Clark to the Board of Field officers as entitled to Half pay. I find indeed several other officers belonging to the Illinois Department in the same situation & I should have inferred from so obvious a fact as the omission of their
names by the Board of Field officers, that they belonged to some description of force other than Regulars, if that inference was not repelled by the fact of the long continued
service, and by the caption in the various Muster Rolls, which is often the same with those companies whose officers are regularly
reported. Confessing my difficulty however in relation to this point, I refer it to your better judgment to decide.
Since writing the above I have received yours of the 13th inst, from which I infer that I communicated some papers in relation to Crockett - I will look further into this claim and
on Monday I hope to send you one or more communications with respect to others.

With great respect
Your obt [obedient] Servt [Servant]
Jas [James] E. Heath audr [auditor] of Va [Virginia]

Hon. Louis McLane
On reflection I will remark that the fact of Dalton's  name being found on the Depreciation Books proves that he
must have been in the regular
and not the militia service.

JEH

Page 108

4 June 1852
Letter from secretary of Interior directing the papers in the case of Crittenden to be returned to him.

Page 109


Hon. Alex H. H. Stuart
Secretary of the Interior,
I am the agent of the admr [administrator] of
Majr [Major] John Crittenden, claiming half pay for his services in the Illinois Regiment, [illegible] our appeal from the decision of the Commr [Commissioner] of Pensions. I have been preparing an argument on the appeal, called to see the
papers, but they had not been sent up. Today I am informed be at the papers have been set up, & the case decided by you. I desire and most respectfully solicit that you will grant a rehearing, & allow me the liberty to file an argument, to demonstrate a mistake in fact & law into which the Commr [Commissioner] has
fallen that I can demonstrate by the papers on
file, & I have additional evidence which I wish to present to you.
with very high respect
Yours &c
Geo. M. Bibb
June 4th 1852.

The Com of Pensions
Will please return the
papers in the above case
June 4th 1852 Alex H. H. Stuart

when the papers are returned Mr [illegible] will oblige me by giving me notice - I will look at some of the documents to complete my argument.
Geo. M. Bibb

Page 110

Mr. Crittenden case
of half pay & commutation

Mr. Toliver
Certificate

Page 111

Washington, 5th of June 1852

The undersigned, being interrogated, states; that to his knowledge, as far back as the year 1780, an old & respectable family by the name of Crittenden resided in the County of Middlesex in the State of Virginia; and that from the year 1780, to the present time, individuals of that name have resided in Middlesex, & in the Counties adjoining it.

John Taliaferro
of Virginia

Page 112

71
Washington
March 31/52
Hon Geo M Bibb
appeals from the decision
of the Comr [Commissioner]  of Pensions
in the case of the admr [administrator]
of Major John Crittenden
for Half pay


Refer too the Commissioner
of Pension for a Report Dept [illegible]
Apl 7/32

Page 113

March 31st 1852
Hon. Alex. H. H. Stuart
Secy [Secretary] of the Interior
In August or Sept last I asked & entered in the office of the Commissioner of Pension's, an appeal
from his decision in rejecting the claim
of the admr [administrator] of Maj. John Crittenden
deceased for half pay of said Intestate
for his Services as an officer in
Clarke's Regiment - called the Illinois regiment- 
 Today I called at your office to present an answer to the Objections stated by the Commissioner
of Pensions, but was informed that

Page 114

The papers in the case had not been sent up.
I have to request that you will cause the papers to be brought upon the appeal from the division of the Commissioner of the Pension office with very high respect
yours &
Geo. M. Bibb
arto: for Randolph Railey
adm.

Page 115

Aug. 12th, 52
R M Heath
No. 18
14 August 1852
Letter from the Secretary to
the Commissioner directing
the papers in the half pay case
of John Crittenden to be
returned for reconsideration
and report.

Page 116

Department of the Interior
Washington August 14, 1852

Sir,
As additional evidence has been filed
on behalf of the claimant and the governments
in the case of Major Crittenden, representatives the papers are remanded to the Pension Office for reconsideration and a report upon the merits of the claim in its present aspect
I am very respectfully
Your obedient Servant
Alex H. H. Stuart
Secretary

F. F. C. Triplett Esqr.
A S: Commissioned
of Pensions

Page 117

20th June 1783
---
In the State of Virga [Virginia]  to John Crittenden
To services as Brigade Major under Genl Clark
from the first Jany 1782 until the 22 Novem
at L 8.77 ½ pr month--
 89.18.8


[illegible] The State of Virg. [Virginia] John Crittenden
To services as Brigade Major under Genl Clark
from the 1 July 1781 until the last day of Decembr at L 8.7.7 pr. 49-9-11 ½ to the 
deduction for clothing as [illegible] . 16. 1.4 ½
Balance did
L 33-9-4

By goods recd to the amount of [illegible] 

22 Nov 1782. Lexington
I do hereby certify that Capt John Crittenden
occupied the post of Brigade Major under my direction from the first day of July 1781 until this day
Given under my hand
G R Clark

A Copy
John McDowell Secy.

Col. Bowmans March 26 1783-
It appears to the Commissioners that there
is due to Major John Crittenden one hundred and thirty nine pounds eight shillings & seven pence halfpenny for service as brigade Major Bowles pr Vouchr [voucher?]
Recd
L 139.8.7½
Given By order of the Board
(Signed)
John McDowell Secy B C

In Council June 20th 1783
The Auditors will settle the account of Major
John Crittenden agreeable to the Certificate given

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him by the Commissioners for settling the Western accounts, They will issue warrants on the Military fund for the sum due for his wages since the 1 Jany 1782 & will issue military certificates for the sum due before that period on producing his clothing account certified by the above mentioned commissioners.
(signed)
Benj Harrison

I do certify that the foregoing are true copies
of Vouchers directed to be transferred to this office by the Executive and which relate to the Illinois Department 
Given
under my hand at the Auditors Office this 23 Jany 1833
Jas [James] E Heath and [illegible]

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Secretary of the Interior
3rd June 1852
affirming decision of the
Comr. of Pensions in the half pay
case of Brigade Major John
Crittenden.

Page 120

Department of the Interior
Washington June 3rd, 1852
Sir,
Upon a full and careful examination of the testimony in the case of the administrator of Brigade Major Crittenden, claiming Half pay under the act of July 5th, 1832
I entirely concur with your views in relation thereto and have therefore affirmed your decision.
The papers are herewith returned to the pension office, - you will please advise the attorney of the claimant of the result.
I am very respectfully
Your obedient Servant
Alex H. H. Stuart
Secretary
James E. Heath Esqr.
Commissioner
of Pensions

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"D"
John Dougherty
dept.

Page 122

"T" No 11 "T"
Extracts from atto: [attorney] General's opinion & report of Select Committee of House of Delegates of Virginia--
18 Dec 1834

Page 123

Copy from the Atto: [Attorney] Genl Baxter's opinion to Gen. S. E. Parker Chairman of Committee of House of Delegates of Virginia
Doc. No. 45. printed by order of House 18 Dec. 1834-
p. 5 -
"The claim of officers stand on a different ground.
"They were commissioned during good behaviour & of course were to serve during the war."
Extract from report of Select Committee to
House of Delegates of Virginia - Doct No 8 -- p. 2-
printed by order of House - 18 December 1834-
:Not only are the same rules & regulations now in force, as immediately after the revolution but as your committee are informed, an additional may an unusual  Degree of Scrutiny & rigor is now
practised arising from lapse of time since the origin of claims for revolutionary services. Your Committee would rather incline to the opinion that in consequence of the lapse of time, the rules of allowance should be rendered
more liberal; yet the reverse seems to be the fact. And

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"it furthermore appears from the statement of
John H. Smith Esqr who was appointed by Governor Floyd
& reappointed by the legislature to examine Sunday newly
discovered papers & documents relating to revolutionary claims, that most of the claims recently allowed have been decided upon the Evidence of the record"

"Let the upright agent & claimant be unmolested in his rights; the dishonest receive receive all the penalties of the law"
Your committee recommends that legislative provision be made to punish rigorously
frauds & forgeries committed in relation to revolutionary claims"

"Claims founded upon services this valuable &
meritorious, should be trammelled with no obstacles not required by the strictest necessity & policy"

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1st argument

Proof &
Argument
in case of
Maj [Major] John Crittenden's admr [administrator]
for half pay as officer in the 
Line & Staff in
Col. Geo. Rogers Clark's
State line

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To the Honorable
ALEX. H. H. STUART,
Secretary of the Interior:

IN THE CASE OF RANDOLPH RAILEY, ADMINISTRATOR OF JOHN CRITTENDEN, DECEASED.

On appeal from the decision of the Commissioner of Pensions to the Secretary of the Interior upon the claim of half pay, or commutation of five years' full pay, with interest, for the services
of the said John Crittenden in Col. George Rogers Clark's
regiment, on State establishment, called the Illinois regiment.

The evidence offered by the administrator is as follows:

1. The report of John H. Smith, commissioner appointed by the Governor and legislature of Virginia, made to General S. C. Parker, chairman of the committee of Revolutionary claims, in December, 1834, and printed, by order of the House, on 18th December, 1834:

The committee, document 8, p. 2, state that said John H. Smith was appointed by the Governor, and re-appointed by the legislature,
"to examine sundry newly discovered papers and documents relating to Revolutionary claims; and most of the claims recently allowed
have been decided upon the evidence of the record."

This printed report, with all the documents therein referred to, is in the office of the Commissioner of Pensions, and is authentic evidence of the facts of the services therein mentioned.

Extracts from that report are filed, viz.:

"Document No. 32, p. 11.—A list of officers of the Illinois regiment who have not received lands for Revolutionary services."
"1. Crockett, Anthony, lieutenant, entitled to land for three years."
"2. Crittenden, John, see list No. 2, brigade major: He received land as lieutenant for three years and four months, and is not entitled
as brigade major." (Exhibit B.)
"Document 31, No. 2, p. 4:
"No. 46. John Crittenden, brigade major, State line, remarks: He received land as lieutenant for a service of six years and four months, and is not entitled to an additional allowance as brigade major." (Exhibit C.)
2. Deposition of John Dougherty (D) proves that he himself served in the Illinois regiment, commanded by George Rogers Clark, in Capt.
Quirk's company. "Said regiment landed at Kaskaskia in spring of 1779, under the immediate command of Colonel John Montgomery. The regiment ascended the river and rendezvoused at Louisville in
1872, at which place General George Rogers Clark again assumed the command; at Louisville he became acquainted with Major John Crittenden, who at that time acted as aid-de-camp to General Clark, and was then called Major Crittenden, and considered an intrepid,

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To the Honorable
ALEX. H. H. STUART,
Secretary of the Interior:

IN THE CASE OF RANDOLPH RAILEY, ADMINISTRATOR OF JOHN CRITTENDEN, DECEASED.

On appeal from the decision of the Commissioner of Pensions to the Secretary of the Interior upon the claim of half pay, or commutation of five years' full pay, with interest, for the services
of the said John Crittenden in Col. George Rogers Clark's
regiment, on State establishment, called the Illinois regiment.

The evidence offered by the administrator is as follows:

1. The report of John H. Smith, commissioner appointed by the Governor and legislature of Virginia, made to General S. C. Parker, chairman of the committee of Revolutionary claims, in December, 1834, and printed, by order of the House, on 18th December, 1834:

The committee, document 8, p. 2, state that said John H. Smith was appointed by the Governor, and re-appointed by the legislature,
"to examine sundry newly discovered papers and documents relating to Revolutionary claims; and most of the claims recently allowed
have been decided upon the evidence of the record."

This printed report, with all the documents therein referred to, is in the office of the Commissioner of Pensions, and is authentic evidence of the facts of the services therein mentioned.

Extracts from that report are filed, viz.:

"Document No. 32, p. 11.—A list of officers of the Illinois regiment who have not received lands for Revolutionary services."
"1. Crockett, Anthony, lieutenant, entitled to land for three years."
"2. Crittenden, John, see list No. 2, brigade major: He received land as lieutenant for three years and four months, and is not entitled
as brigade major." (Exhibit B.)
"Document 31, No. 2, p. 4:
"No. 46. John Crittenden, brigade major, State line, remarks: He received land as lieutenant for a service of six years and four months, and is not entitled to an additional allowance as brigade major." (Exhibit C.)
2. Deposition of John Dougherty (D) proves that he himself served in the Illinois regiment, commanded by George Rogers Clark, in Capt.
Quirk's company. "Said regiment landed at Kaskaskia in spring of 1779, under the immediate command of Colonel John Montgomery. The regiment ascended the river and rendezvoused at Louisville in
1872, at which place General George Rogers Clark again assumed the command; at Louisville he became acquainted with Major John Crittenden, who at that time acted as aid-de-camp to General Clark, and was then called Major Crittenden, and considered an intrepid,

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[left page]

2

useful officer." This efficient officer continued with said regiment until disbanded in 1783. That Major Crittenden was afterwards killed by the fall of a tree in the county of Woodford.

3. William Merriwether (E) states that, in 1781, he was acquainted with Anthony Crockett, who belonged to the Illinois regiment, and
called Lieutenant Crockett; "that he was also acquainted with John Crittenden, who also belonged to and served in said regiment"—was
called and ranked as Major Crittenden; "as to whose company Crockett and Crittenden belonged to, or whose command they belonged
to, he cannot say."

4. Benjamin Roberts, ( F ) who deposes that, in the spring of the year 1780, he arrived at the Falls of Ohio, Louisville; "was stationed
there about two years as captain of a company in the regiment commanded by George Rogers Clark, commonly called the Illinois regiment." During that time he became acquainted with Major John Crittenden; that said Crittenden was in service in the said Illinois regiment, and was generally with the troops at Louisville during the
period aforesaid." Knows that said Crittenden, who was in service in the Illinois regiment, is the same person who lived in Woodford county, Kentucky, and died there.

5. Deposition of Peter Triplett (G) states he became first acquainted with John Crittenden, "at a place called the New Store on the Monongahela river, in the year 1781, when Col. Crockett's regiment arrived there on their way to Louisville, and I then joined my company
commanded by Captain Ben. Roberts. At Louisville, Major Crittenden was a very active officer, and a great favorite with the soldiers,
as well as the officers. I have several times taken him on my back and carried him to the shore, when we landed on sand bars where the
water was too shoal to get the boat to shore."

Major Crittenden continued to discharge his duties until the regiment
was disbanded, after we heard of the surrender of Cornwallis.

6. House of Delegates of Virginia, Thursday, December 18, 1781. "Resolved that the Auditor of public ccounts be directed to adjust
the account of Major Crittenden's expenses in specie, and that the treasurer do borrow a sum sufficient to pay the same."

7. (H.) "20th June, 1783, Dr. the State of Virginia to John Crittenden." "To services as Brigade Major under General Clark, from the first
of January, 1782, until 22d November, at £8 7 7 1/4 per month.
[blank space] £89 18 8
"Dr. [blank space] State of Virginia to John Crittenden, [blank space] Cr.
"To services as Brigade Major under General Clark, from 1st July, 1781, until the last day of December, at £8 7 7 1/2 per month.
£49 9 11 1/2
"Deduction for clothing, as per account - - £16 0 4 1/2
[equation line]
"Balance due, [blank space] £33 9 7

"22d November, 1782, Lexington.

[right page]

3

"I do hereby certify, that Captain John Crittenden has occupied the post of brigade major under my direction from first day of July,
1781, to this day. Given under my hand.
G. R. CLARK.

"Richmond, 21st June, 1783.
"Illinois Department.
"Warrant to John Crittenden for his pay and subsistence from 1st January, 1782, to 22 November, 1782, to be paid out of the military
fund agreeable to the order of the legislature. - - £89 8 18
"Warrant to ditto for one year's interest on a certificate dated this day, No. 360, in full of the balance of this pay as brigade major in the State line. - - - - 2 02
[equation line]
£91 18 10
"COL. BOWMAN'S, March 26, 1783.
"It appears to the commissioners, that there is due to Major John Crittenden, one hundred and thirty-nine pounds eight shillings and seven pence half penny, as brigade major, per voucher received. Given by order of the board.

"Signed, [blank space] JOHN McDOWELL, Sec. B. C."
"In council, June 20, 1783.
"The auditor will settle the account of Major Crittenden agreeable to the certificate given him by the commissioners for settling the western accounts. They will issue warrants on the military fund for the sum due for his wages since the 1st Jan'y, 1782, and will issue military
certificates for the sum due before that period, on producing his clothing account certified by the above mentioned commissioners."
"Signed, [blank space] BEN. HARRISON."
"I do certify that the foregoing are true copies of vouchers directed to be transferred to this office by the executive, and which relate to the
Illinois department. Given under my hand at the auditor's office, this 23d Jan'y, 1833.

"JAMES E. HEATH, Aud. Pub. Acts."
9th Settlement of George Rogers Clark's half pay as brigadier general, under act of 5th July, 1832, at the Treasury Department.

Files of register's office, No. 62, 233.
This adjustment shows these three facts:
That Col. George Rogers Clark was promoted to the rank of brigadier general, 22d January, 1781.

That his half pay was commenced on 27th June, 1783, his whole pay having ceased by the disbanding of all the troops of his brigade, on 26th June, 1783.

That the rate of his half pay was expressly regulated by the rate of compensation allowed by the Congress to the continental brigadiers
general, each "one hundred and twenty-five dollars per month,"

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11th. (W.) Extract from the Washington Papers, certified by the Secretary of State, shows that Continental John Crittenden was a lieutenant in 15th Virginia regiment on Continental establishment, that he commenced his service 21st July, 1777, and was in service in that regiment 22d July, 1780, according to the returns made to General Washington.

4

(Journals by Way & Gideon, vol. 1, p. 84,) because the legislature of Virginia had adopted, for the government and pay of the State troops,
the regulations and pay adopted by the Congress for the continental army. 9 Henning's Statutes, p. 194, and 10 Henn., p. 389.

9. (S) Cert. of settlement and pre-emption, granted by the court of commissioners for district of Kentucky for settlement right to 400 acres of land, and pre-emption of 1000 acres adjoining, on account of his actual settlement and raising a crop of corn in that county in the year seventeen hundred and seventy-six.

(10th.) WASHINGTON, 5th June, 1852.
"The undersigned, being interrogated, states that, to his knowledge, as far back as the year 1780, an old and respectable family, by
the name of Crittenden, resided in the county of Middlesex, in the State of Virginia, and that from the year 1780 to the present time, individuals by that name have resided in Middlesex and the counties adjoining it.
"Signed, [blank space] JOHN TALIAFERRO, "Of Virginia."

The aforegoing is the substance of the evidence submitted to your consideration in support of the claim of the administrator of John Crittenden, of Kentucky, for half pay, or five years' full pay and interest in commutation of half pay, for said Crittenden's services for six
years and four months as a lieutenant and captain in Col. George Rogers Clark's regiment on State establishment, called the Illinois regiment, and as brigade major in the said Illinois service.

I submitted an argument to the commissioner, who decided against the claim, for reasons set forth in his letter to me of 20th August, 1851, as follows:

PENSION OFFICE, August 20th, 1851.
SIR: I have examined the application of the representative of John Crittenden for half pay under the act of Congress of 5th July, 1832, and am of opinion that the claim is utterly without foundation. The papers when first filed appear to have been presented for commutation, but as the consideration of that class of claims has been prohibited by an order of the Department, the demand is confined to half pay only. The papers received a cursory examination some time since, but as a single glance was sufficient to show that the claim was based upon erroneous views of the act of 1832, its examination was postponed to others having a stronger legal support. A fuller investigation has not, in the least degree, weakened the first impressions of the case. Its history as derived from such sources of evidence as could be consulted is simply this: Mr. Crittenden first engaged in the service as a lieutenant in the continental line. His name is found as a captain lieutenant in what was called the Chesterfield arrangement, made in February, 1781, under the direction of Baron Steuben, and consisted of officers of the Continental line. By that arrangement it appears that Mr. Crittenden became supernumerary by choice. The records show that he received his "commutation pay" as a continental officer, amounting to the sum of $1,600, and that he also received a land warrant for 200 acres from the General Government. Virginia made a generous provision for her officers of both lines, and Lieutenant Crittenden received from her nearly 3000 acres for three years and four months' continental services. In the year that he became supernumerary in the Continental line, his name is found connected with the State regiment of Illinois commanded by 
Colonel Clarke. It does not appear to what company he belonged, if to any, in that regiment, but he settled his depreciation account as brigade major under General Clarke, and received a special certificate for the balance due. It is probable that, after the termination of his continental service, being a resident of Kentucky, at that time a portion of
Virginia, he was fired with the resolution to aid in the western defence of the State, and
for that purpose volunteered his services under an officer of valor and distinction. It is a
proof of Mr. Crittenden's merit that General Clarke selected him from so many brave
officers for so distinguished a post in the staff service as brigade major. The precise duration of his service in that capacity does not appear, nor is it material. The question is, was he entitled to half pay under the act of the Virginia legislature passed at the May session of 1779, which promised that gratuity to certain enumerated officers of the Virginia
State line? The act of 1779 is expressly confined to general and field officers and chaplains, physicians, surgeons, and surgeon's mates. No other staff officers are provided for, for the obvious reason that, in almost all other cases, the staff was selected from the line, and, by the decisions of the courts of the State, the officer's half pay was settled at half the amount he received for full pay in the line and staff service added together. In that way, and in that only, the allowance to an officer was ascertained by reference to his lineal rank. But even if staff officers generally had been included in the act of 1779, Major Crittenden's claim would be defective without regular proof of his appointment as brigade major to the Illinois regiment. He held no commission as brigade major, for General
Clarke himself, certified "that Captain Crittenden had occupied the post under his
direction, from the 1st of July, 1781, until the 22d November, 1782." This certificate appears to have been the evidence upon which he was paid for that service. So little was
the service as brigade major regarded by Virginia as entitling Mr. Crittenden to extra gratuities, the commissioner appointed by the State to examine the claim for land bounty in the State line reported against his right.

From the foregoing statement of facts the conclusion is inevitable, that Mr. Crittenden served as an officer of the Continental line, and retired as such from choice, and that his service as brigade major under General Clarke was only a temporary volunteer service, not even entitling him to land bounty, much less to half pay, which was not promised by the act of 1779 to staff officers.

Very respectfully, your obedient servant,
J. E. HEATH, Commissioner.

GEORGE M. BIBB, Esq., representative of John Crittenden.

From this decision I entered with the Commissioner an appeal on the 31st, March, 1852.

After this, he thought fit, of his own mere motion, to re-examine the case, and to file papers, which I never saw until after the papers were sent up to you on the appeal. You will perceive that some are certified as late as 10th April, 1852, after the appeal was entered. This I
mention as giving me the right to file additional evidence. The papers filed by Commissioner Heath are as follows, viz:

(O) "20th June, 1783. I certify, that Brigade Major Crittenden entered as a commissioned officer in the Continental service 21st day July, 1777, and continued in said service from the said date until the last of February, 1781, when, at an arrangement at Chesterfield courthouse, he was deemed a supernumerary officer.
"O. TOWLES, Reg't Col."
"Warrant issued for 2,666 2/3 acres, to Lieutenant John Crittenden, the 23d of June, 1783."
Certified "April 12th, 1852."
( Signed ) [blank space] "WM. H. RICHARDSON,
"Clerk of council."
(P) "The representatives of John Crittenden are entitled to the additional proportion of land allowed a lieutenant of the Continental line, for four months' service more than six years."

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"Council Chamber,
July 28, 1840 [year circled and crossed through] 1810
"SAM'L COLEMAN."
"JOHN TYLER."

"Warrant for 148 acres issued 28th July, 1810, to John Crittenden's representatives, and delivered to James Taylor. See power of attorney, with voucher's filed."

"A copy from records of the Virginia land office.
"S. H. PARKER, "Register land office."
(U) "DR. United States in account with John Crittenden, CR.

"To five years' full pay as captain light infantry, in lieu of half pay - - - - - - $1,600 00
"By certificate - - - - - - 1,600 00
"Sworn to the 4th December, 1784.
"JOHN CRITTENDEN.
"Settled by himself."
"A true extract from a book on file, &c.
"AUDITOR'S OFFICE, 10th April, 1852.
"RO. JOHNSON, First Auditor."

The returns of the troops of Virginia on Continental establishment, made to General Washington, and now in the Department of State, show, that Continental John Crittenden was a lieutenant in the fifteenth Virginia regiment, and was in service in that Continental regiment in the year one thousand seven hundred and eighty.

Upon his re-examination the Commissioner (Mr. Heath) has corrected an error in his letter to me, (of 20th August, 1851,) by stating that John Crittenden served six years and four months, instead of three years and four months. But has adhered to his first decision, and has made a report to you of such, his first decision, his re-examination, and second decision.

Having presented the Commissioner, before his first decision, an argument in chief, which is with the papers in the case, it now remains
for me to notice the objections taken by the Commissioner.

The capital error in the decision of the Commissioner (Mr. Heath) consists in the presumption that John Crittenden, who "entered as a commissioned officer in the Continental service 21st July, 1777," (as certified by O. Towles, colonel of the regiment,) and who served therein from said date until the last of February, 1781, when, at an arrangement at Chesterfield court-house, he was deemed a supernumerary officer," and who for that service (three years seven months and ten days in the Continental line, received from the United States a land warrant for two hundred acres, and five years' full pay, in commutation of half pay for life, was the same person, the same John Crittenden, who served in Col. George Roger Clark's regiment, called the Illinois regiment, for six years and four months.

* [illegible] was $26 2/3 per month - the pay of Captain [illegible] $40 per month - [illegible]

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7

That John Crittenden, of the Continental line,(fifteenth regiment,) and John Crittenden, of George Rogers Clark's Illinois regiment, of the State line, were one and the same person identically, is a presumption unwarrantable, contrary to the facts and proofs in the case, and
totally repugnant to the truth. The evidence establishes, clearly and conclusively, that there were two different persons named John Crittenden—the one in the troops of Virginia furnished for the general defence of the United States, and upon the Continental establishment, as certified by Col. Towles and the Washington papers; the other in Col. Clark's Illinois regiment of the troops of Virginia, for defence of the State and upon State establishment.

John Crittenden, of the Illinois regiment, served therein, six years and four months, as shown by John H. Smith's report of the officers in the Illinois regiment.

Col. Towles certifies that the Continental officer, John Crittenden, entered the service "21st July, 1777;" six years and four months from that day next ensuing, would bring us to the 21st of November, 1783, a period long after the Continental troops had been disbanded, because of the ratification of the treaty of peace. From the time that Continental John Crittenden entered the service, July 21, 1777, to the proclamation of the Governor of Virginia of the peace and close of the war, 22d April, 1783, only five years nine months and eleven days
had elapsed. Therefore he was not the officer who became entitled to the additional proportion of land "for four months service more than six years."

The officer so entitled was John Crittenden, of the Illinois regiment of the State line. And the statement of such length of service in the Continental line was a sheer mistake committed in the certificate of 28th July, 1810, by Samuel Coleman and John Tyler. The service of six years and four months was by the John Crittenden of the State line and Illinois regiment.

John Crittenden, of Kentucky, resided there in the year 1776, and raised a crop of corn there in that year, for which actual settlement and
cultivation, the court of commissioners, who sat in the district of Kentucky, in the year 1780, to adjudicate claims for settlements and preemptions, awarded to said John Crittenden a right to 400 acres of land to include his settlement, and the pre-emption of 1000 acres adjoining; as appears by the certified copy of said certificate, marked (S.)

That any inhabitant or inhabitants of that part of Virginia west of the Great Sandy river and the Alleghany and Cumberland mountains, now the State of Kentucky, should have raised in that district of country, during the revolutionary troubles, a quota of soldiers for a regiment, or even to complete a company, for the Virginia line on Continental establishment, [crossed out: according to the ordinance of December][crossed out: illegible] and have marched with them over the mountains into the service of the Virginia line on Continental establishment,
whose operations were solely in the parts of the United States far distant from Kentucky, is not within the pale of history, or of probability, or of presumption. History reports no such fact; on the con-

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trary, it is known that during the Revolutionary war the settlements in Virginia, in the district of country called Kentucky were sparse, the inhabitants resided in or near to stockade villages, called "Stations," which were places of refuge and protection against the hostilities and
repeated incursions of the Indians. So far from having ability to contribute forces to the army of Virginia on Continental establishment, the
district of country called Kentucky had full employment and need for its whole disposable force and military energy to protect its inhabitants against the British forces and their Indian allies in the war of the Revolution; not a single regiment, or even a company of soldiers from the Continental army, was sent to defend the western settlements in the State of Virginia. 'The State regiment commanded by Col. Crockett was raised in the county of Boutetourt and the adjoining counties, and sent west to protect the western frontier. The State of Virginia, without any aid of troops, or money from the Continental army, of the Continental Congress, by her own means of paper money,
lands, credit, and State troops, and her militia, defended her western frontier, captured the British forces in Kaskaskia and Vincennes, by a
successful expedition, carried on from Kentucky, under the command of Col. George Rogers Clark; so that by an act of October session, 1778, reciting the previous successful expedition, (9 Henn. Statutes, p. 952,) the county of Illinois was established, and the inhabitants thereof were afterwards defended by the sole means of the State of Virginia. 

The service of six years and four months in the Illinois regiment by John Crittenden, accounted back from the disbanding of the troops commanded by Brigadier General Clark, on 26th June, 1783, more than two months after the end of the war, shows that the service of John Crittenden, in the Illinois regiment, commenced as far back as the 26th of February, 1777, more than four months before Continental John Crittenden entered the service, and four years before the Chesterfield arrangement, by which John Crittenden, of the Continental line, became supernumerary, as certified by Col. Towles, (exhibit O.) 

If we count the service of six years and four months back from the proclamation of 22d April, 1783, by the Governor of Virginia, giving notice of the definitive treaty of peace, which is considered by the courts of Virginia as the end of the war, then the service of John Crittenden in the Illinois regiment would have commenced as early as December, 1776, more than six months before Continental John Crittenden entered the service, and more than four years and six months before the Chesterfield arrangement, of February, 1781, by which Continental John Crittenden became supernumerary. But, although the Continental troops [or Troops] were disbanded upon the proclamation made by Congress [blotted out] hostilities on the western frontier of Virginia, [blotted out] munication between the seat of Government and the far distant settlements in Kentucky and Illinois, did not admit of the disbanding of the Illinois regiment until 26th June, 1783, as shown in the settlement of the half-pay of General Clark at the Treasury of the United States,

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under the act of Congress of 5th July, 1832, appearing by the files of the Register of the Treasury, No. 62.233, (8th.)

The deposition of Ben. Roberts (F) proves the service of John Crittenden in the Illinois regiment as early as the spring of the year
seventeen hundred and eighty, at which time the deponent arrived at the falls of the Ohio river. This was before John Crittenden, of the
Continental line, became (by the Chesterfield arrangement in Feb., 1781) a supernumerary officer; before John Crittenden, of the Illinois
regiment, was appointed by General Clark brigade major, and before Col. George Rogers Clark had been appointed brigadier general.

Continental John Crittenden was then in service in the 15th regiment of Virginia of the continental army, and so reported to General
Washington. The deposition of William Meriwether (E) proves that, in 1781, John Crittenden belonged to, and served in, the Illinois regiment, along with Anthony Crockett.

The deposition of Peter Triplett (G) proves the service of John Crittenden in the Illinois regiment in the year 1781.

The deposition of John Dougherty (D) proves the service of John Crittenden in the Illinois regiment, commanded by Colonel George
Rogers Clark, in the year 1782; and his service also as brigade major; and the continuation of his service until the regiment was disbanded.

And the depositions of Dougherty and Ben. Roberts identify John Crittenden, of Woodford county, Kentucky, who lived and died in
that county, and was killed there by the falling of a tree, as the person who served in the Illinois regiment.

The list of the officers of the Illinois regiment, and the services of John Crittenden therein as lieutenant in the line, and as brigade major
also, for six years and four months, with the other documentary evidence, and the depositions before mentioned, show conclusively that John Crittenden, who was an actual settler, raising a crop of corn in
Kentucky in the year 1776, and who lived and died in Kentucky, was an officer in the Illinois regiment as early as February, 1777, and continued therein for six years and four months, until Gen. Clark's brigade, after the end of the revolutionary war, was disbanded on the 26th June, 1783; that he was in service in the Illinois regiment before 21st July, 1777, when Continental John Crittenden entered the service in the Virginia line on Continental establishment, and long before the Chesterfield arrangement of February, 1781, by which Continental John
Crittenden became a supernumerary.

The suppositions of the commissioner, (Mr. Heath,) that John Crittenden, of Kentucky, was not connected with the Illinois regiment
until after the Chesterfield arrangement in February, 1781, and that, after that time, he was a mere volunteer in the Illinois regiment, and
a brigade major, not belonging to the line, are mistakes, refuted by clear evidence, documentary, and the testimony of witnesses who served with John Crittenden, of Kentucky, in the Illinois regiment before and after the Chesterfield arrangement.

The evidence proves clearly that John Crittenden, of the Continental

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line, who entered that service on 21st July, 1777, became supernumerary by the Chesterfield arrangement in February, 1781, and who, for his continental service, received from the United States a land warrant for 200 acres of land, and commutation of five years' full pay in lieu of half pay promised by the Congress of the United States; and John Crittenden, of Kentucky, who served for six years and four months in the Illinois regiment, on State establishment, and as brigade major in the Illinois brigade of Virginia, commanded by Brigadier General Geo. Rogers Clark, were two different persons, serving at one and the same time in two different offices, incompatible the one with the other, and in places so far distant, the one from the other, that it was physically impossible that one and the same man could have performed those different services which were performed between 21st July, 1777, and the last of February, 1781.
No discreet jury could hesitate in finding, upon this evidence, that there were two different men bearing the same name; the one who served in the Virginia line on Continental establishment, the other who served in the Illinois regiment on the State establishment; and no judge could hesitate to approve the verdict, and pronounce judgment accordingly.
This is not the first instance in which two different officers of the same name served in the Revolutionary war.
Two officers by the same name of John Rogers, have been paid commutation of half pay for services in the Illinois regiment. The proof is strong and convincing that there was no fraud, no imposition on the Government, but that each man was entitled.
Two men, named Thomas Marshall, (father and son,) served in the State line of Virginia, and both have been paid half pay for life of commutation.
Two officers by the name of William Porter served in the Continental line of Virginia; both have received pensions, at different rates
for different services at different rates of pension, and died on different days. (See Pension roll, bound vol., 3 Kentucky.)
On the list of the officers and soldiers of the Virginia line on Continental establishment, who were paid off after the end of the Revolutionary war, which is in the office of Register of the Treasury, (a similar
one, I am told, is in the office of the Commissioner of Pensions,) I found in looking over the alphabet, under letter A alone, these persons of the same names, viz:
Thomas Allen, private, on final settlement, 13th June, 1783, balance due him, £35.
Thomas Allen, balance due him on final settlement, £55 11 1, 13th June, 1783.
Mons. Allen, matross, artillery, £16  5.
Mons. Allen, sergeant, infantry, £145 1.
Moses Allen, settlement, 21st June, 1783, £67 16 5.
Moses Allen, settlement, 18th July, 1783, £55 13.

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John Allen, sergeant, infantry, settlement 23d June, 1783, £55 6 6.
John Allen, matross, artillery, settlement 15th September, 1783,
£73 4 8.
John Allen, private, infantry, settlement 29th June, 1784, £83 10 6.
Samuel Allen, dragoon, settlement 26th April, 1783, £19 10.
Samuel Allen, private, settlement 26th April, 1783, £35 1 7.
Samuel Allen, private, settlement 29th November, 1785, £30 13 4.
Thomas Adams, sergeant.
Thomas Adams, corporal.
Thomas Adams, private.
John Adams and John Adams, both privates.
John Anderson, and John Anderson, and John Anderson, three privates, whose final settlements were made at different times, and the balances due each were different.
This list might be increased, were it worth the time and labor.
History, sacred and profane, attests that it is no uncommon thing for different persons to bear the same name. There were three Mary present at the crucifixion of Christ, distinguished the one from another as Mary, the mother of Christ; Mary, of Cleophas, and mother of James; and Mary, of Magdalen.
There were Alexander the Great, and Alexander the coppersmith. There were two celebrated statesmen of England, Wm. Pitt, the father, and William Pitt, his son. In Virginia, John Tyler, who was a judge of the general court, governor, and judge of the district court of the
United States, has a son, John Tyler, who was Governor of Virginia, Senator, Vice President, and President of the United States.
There were Edmund Randolph, clerk of the House of Delegates of Virginia, (10 Hen. Stat., p. 520,) and Edmund Randolph, who was a
member of the convention who framed the Constitution of the United States, and afterwards Attorney General in the administration of President Washington. The same Christian and patronymic name occurred so repeatedly in the families of the Randolph, that they became as numerous as the signs in the zodiac, and were distinguished by the names of the family residences, or the water courses on which they lived. Thus, the honorable John Randolph, Senator of the United States, and minister abroad, was distinguished from others of the same
name as John Randolph of Roanoke. Hugh Mercer, the accomplished officer who fell in the battle of Princeton, left a son Hugh,
yet living in Fredericksburg, Virginia.
I might take the names of Smith, Scott, Allen, and Johnson, and cite examples of different individuals bearing the same name of baptism
and the same family name, until they were as numerous as the stars in the milky way. It is in the nature of man--it is the known usage of
families--to aim at perpetuating an existence and remembrance on this earth, by keeping the same names of baptism in their family from generation to generation. To presume, therefore, that the same baptismal

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and patronymic name found in different services and employments, does not represent two different distinct individuals, is rash and unwaranted. We read in the books of reports of actions of trespass against the sheriff for arresting one man upon a writ against another of the same name.
The commissioner (Mr. Heath) says, no other staff officers than chaplains, physicians, surgeons and surgeon's mates, are provided for by the act of Virginia, of 1779, respecting half pay, "for the obvious reason, that in almost all other cases the staff was selected from the line, and by the decisions of the courts of the State, the officer's half pay was settled at half the amount he received for full pay in the line and staff service added together. In that way, and in that only, the allowance to an officer was ascertained by reference to his lineal rank. But even if staff officers generally had been included in the act of 1779, Major Crittenden's claim would be defective without regular proof of his appointment as brigade major for General Clark himself certified 'that Captain Crittenden had occupied the post of brigade major, (italic) under his direction, from the 1st July, 1781, until the 22nd November, 1782.' This certificate appears to have been the evidence upon which he was paid for that service."
That Major Crittenden was an officer in the line in the Illinois regiment, and also brigade major, is proved as well by the list of officers of that regiment reported by the commissioner, Smith, as by the depositions of the officers who served with him in that regiment before and after his appointment as brigade major, and whilst he acted as such. The Governor and council of Virginia, ordered his account as brigade major to be settled; the auditor adjusted it, and issued to him a specie certificate bearing interest. The house of delegates, by a resolve of 18th December, 1781, had unanimously recognised him as major, and ordered his expenses to be paid in specie. After such proof by public documents and by depositions, I cannot but think that the criticism of the commissioner, upon the proof of Major Crittenden's appointment as brigade major, is over nice. It surpassess the acument attributed by Butler to Sir Hudibras:

"He could distinguish, and divide, 
A hair 'twixt south and southwest side,
On either which he would dispute, 
Confute, change hands, and still confute:
He'd undertake to prove, by force
Of argument, a man's no horse;
He'd prove prove a buzzard is no fowl,
And that a lord may be an owl."

The commissioner (Mr. Heath) says, "that in almost all other cases (than chaplains, physicians, surgeons, and surgeon's mates) the staff was selected from the line." Why presume that this staff officer, Brigade Major John Crittenden, was not selected fron the line? That he was a mere outside volunteer picked up by General Clark? The legal presumption, (independent of Mr. Smoth's report that he was an officer in the line, who served as such six years and four months) is that he

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was selected from the line The act of Virginia of October session, 1776, making further provision for the internal defence of this country, " (9 Henn. Statutes, 194,) adopted the "laws, articles, and regulations" of the General Congress for the pay and government of the Continental troops, as the laws, articles, and regulations for the and government of the State troops. Under this act of 1776, the regiment of Col. George Rogers Clark was raised; and by act of October session, 1780,  (10 Henn. Statutes, p. 389,) it was enacted, that the said regiment "be recruited and fully completed," to be allowed the same pay and rations as the officers and privates on the Continental establishment. On the 27th May , 1778, the General Congress resolved "that the brigade major be appointed, as heretofore, by the commander-in-chief, or a commander in a separate department out of captains in the brigade to which he shall be appointed," (Journals by Way & Gideon, vol. 2, p. 569,) his pay twenty-four dollars per month in addition to his pay line. And by another resolve of same day, the pay of a captain of infantry was fixed at $40 per month, (vol. 2, p. 567.) lieutenants, $26 2/3 per month, each, &c. By these acts, General George Rogers Clark had authority to appoint a brigade major, and it was duty to appoint one out of "the captains" of his brigade. He did appoint "Captain John Crittenden," as brigade major, who served as such. So General Clark certified. So the depositions prove. He was paid by the State as such. 
George Rogers Clark, as colonel, and then as brigadier general, commanded the Illinois regiment, from its origin until the troops were discharged. He could not be ignorant of the rank of his officers respectively, nor of their rights of promotion according to seniority. In appointing a brigade major, General Clark, knowing his duty and the rank of his officers respectively, has taken care tostate his appointment of "Captain John Crittenden." This is legal evidence, that John Crittenden was of right a captain in the line of his brigade, and also of the legality of his appointment as brigade major. To that effect I have the highest authority- the decisions of the Supreme Court of the United States in the cases of Martin vs. Mott. 12 Wheat., 33; and of Delassus vs the United States, 9 Peters, 134.
In the first case, (Martin vs. Mott,) the opinion of the Court, delivered by Mr. Associate Justice Story, pronounces, "when the Presidents of the United States exercises an authority confided to him by law, the presumption is that it is exercised in oursuance of law. Every public officer is presumed to act in obedience to his duty, until the contrary is shown."
In the second case, (Delassus vs. United States,) the opinion of the Court delivered by Chief Justice Marshall, pronounces, "a grant or concessions made by that officer who is by law entrusted to make it, carries with it orima facie evidence that it is within his powers. No excess of them, or departure from them, is to be presumed. He violates his duty by such excess, and is responsible for it. He who alleges that an officer entrusted with an important duty has violated his instructions, must prove it."

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The appointment made by General Clark of "Captain John Crittenden" as brigade major, has been made known and assented to by the legislature, and by the Governor and council; his accounts as brigade major have been adjusted by the auditor, and paid by the treasurer of the State of Virginia. This public official act of Brigadier General George Rogers Clark has been ratified by the Government in
whose service he was. 

Now, after all this, the commissioner (Mr. Heath) objects to Major Crittenden's claim as defective, "without regular proof of his appointment as brigade major to the Illinois regiment. He held no commission as brigade major!!" 

Is General Clark to be presumed to have violated his duty? To have certified to a falsehood? Falsehood and George Rogers Clark were strangers. 

All military officers are sensitive of their rights of promotion, and jealous of their proper rank. The captains of General Clark's brigade would not have patiently endured that a mere volunteer, not belonging to the line of the brigade, should have been appointed brigade major. Neither would Brigadier General Clark have so departed from his duty, and so trespassed upon the feelings and rights of the officers under his command. 

Are the Governor and councilmen of Virginia, and the auditor and the treasurer of that State, to be presumed to have acted in violation of their duties? 

What other "regular proof" did the commissioner expect or require?

Judging by the former precedents in the administration of the act of 5th July, 1832, by the departments, the commissioner (Mr. Heath)
has, in this instance, overstrained the matter; his eyes have been shut and his understanding and conscience blinded, against the light of
evidence and rational belief. 

When before was it heard, in this or in any other department which has been charged with the duty of administering the act of 5th July, 1832, that proofs, such as have been produced in this case, consisting of copies from the public records of Virginia, and proof by affidavits,
showing the rank and services of an officer, have been deemed not regular, defective, and insufficient?

The regulation made by the Department of the Treasury, charged by the act of 5th July, 1832, with the duty to adjust and settle the
half pay claims therein referred to, admits of affidavits made before, and certified by, any justice of the peace of a State as competent
evidence. The Supreme Court of the United States, in the case of the United States vs. Bailey, (9 Peters, 238,) decided that Treasury
regulation to be lawful and valid; and that falsehood in an affidavit made by John Bayley under that regulation, with intent to be used,
and which was used, in support of a claim to half pay, was a sufficient foundation to support an indictment against him for false swearing.

Did the commissioner mean to require that a commission to John

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Crittenden as brigade major should have been produced, or proof that a commission to him as such had actually issued? 

General Clark could not issue a commission under the great seal of the State. No such commission for a mere staff appointment made by a brigadier general was necessary or usual. It was no more necessary, nor according to usage, to issue to a brigade major, appointed by a brigadier general, a commission under the State seal, than it is to issue a commission to a clerk in a bureau of one of the departments under tne seal of the department. 

In the cases of Hugh McGavock, Bernard Glenn, and — Browning, the half pay and commutation was allowed upon the certificate of Col. Crockett as to their right of promotion in the line. It was evident that no commission had issued according to the promoted rank; but the right to promotion, and the service in the advanced rank, entitled them to half pay in that higher rank, and they were so paid. The files of the office of the third auditor attest these payments. 

Mr. Commissioner Heath says: "So little was this service as brigade major regarded by Virginia as entitling Mr. Crittenden to extra gratuities, the commissioner appointed by the State to examine the claim for land bounty in the State line reported against his right," 

The engagements to the officers respectively of half pay for life, which Mr. Commissioner Heath calls "gratuities," are deemed, by the sages of the law, contracts, solemn promises under the public faith, upon valuable considerations, performed under great privations and
hardships, at the risk of health, at the peril of being shot in battle, or of being hung as traitors to his majesty; of having their property
confiscated, and of getting no half pay for life if the war should end in a rebellious unsuccessful attempt at revolution. The odds were
fearful, and required stout hearts to brave the dangers. 

The revolution has succeeded. The promises to the several officers of half pay for their respective lives, engaged by the act of Virginia of 1779, are contracts of the highest moral and legal obligation, binding the public faith for a fair, just, and magnanimous performance. Technical niceties, quillets, quibbles, and equivocations to evade these promises of half pay, ought to be discountenanced as breaches of public faith. They would be disgraceful to a king, and derogatory to the majesty of a republican government. 

As to that which the commissioner, Mr. John H. Smith, appointed by the Governor of Virginia, and reappointed by the legislature "to examine sundry newly discovered papers and documents relating to revolutionary claims," has thought fit to say as to the right of a brigade major to land bounty over and above that given for his services as an officer in the line for six years and four months, it has no relevancy to the claim for half-pay for life, or commutation of half-pay. Land bounty is no part of the claim of the administrator. He is not entitled to demand and receive the land bounty; that belongs to the heirs of the deceased. 

The acts of commission, or omission, or mistake of the heirs of the

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decedent, in relation to the land bounty, can not conclude nor prejudice the right and claim of the administrator for the half-pay due for
the services of his intestate. The land bounty and the half-pay for life are distinct things.
An officer in the line, who held also a staff appointment, was entitled to half-pay for life, computed "at half the amount he received for full pay in the line and staff added together." So the commissioner (Heath) admits. So the matter has been firmly settled. This is precisely
the claim now presented. Mr. Commissioner Smith's report shows that John Crittenden served, as an officer in the line, as lieutenant
in the Illinois regiment for six years and four months, and that he was also brigade major. General Clark certified him to be captain.
That he served in both capacities is proved by the public document and by the depositions. He is therefore entitled to half-pay, compounded of his pay in the line and his pay in the staff.
Has Mr. John H. Smith said to the contrary?
But if he had, what then? Would Mr. Smith's opinion have potency to overturn the settled construction of the law, the established
practice, and the precedents, which have prevailed since the date of Mr. Smith's report.
It is palpable that Mr. John H. Smith was not appointed to adjudicate and determine finally upon the rights of claimants, but only to
examine the newly discovered papers and documents, and report facts, to enable the appropriate tribunals to decide upon those claims with greater facility
Neither the Governor nor legislature of Virginia entertained an idea so repugnant to principles of natural justice, of universal obligation, as to appoint Mr. Smith sole judge in the last resort, to adjudicate the claims of the officers of the Revolutionary war, and to bind them, their heirs, executors, and administrators, by his opinion pronounced in their absence, without any notice or opportunity to them to be heard in defence
of their rights.
Mr. Smith has reported John Crittenden a lieutenant and as a brigade major in the Illinois regiment on State establishment, who served therein for six years and four months. Those are the facts. Mr. Smith further reports that John Crittenden, as lieutenant in that regiment, had received 2,666 and 2/3 acres of land, and gives his opinion that Major
Crittenden is not entitled to receive an additional land bounty as brigade major. This opinion of Mr. Smith is confined to land bounty. It does not contain any opinion of Mr. Smith as to the half-pay for life. But the facts reported by Mr. Commissioner Smith entitle
Major Crittenden to half-pay for life, according to the well established principles and practice stated by Mr. Heath, and which has prevailed
in the administration of the act of 5th July, 1832, for a long series of years. How can Major Crittenden's case be justly made an exception
to such established principles and practice?
Mr. L. McLean, secretary of the Treasury, was of opinion that John Crittenden was brigade major, but that a brigade major, only a

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staff officer, was not entitled to half-pay. Since that decision, new evidence has been filed, showing that Major Crittenden was an officer
in the line as well as brigade major, and therefore entitled to half-pay, (upon the established principles and practice in such cases,) to be computed by taking half his pay in the line and in the staff added together.
I claim five years full pay with interest in commutation of half-pay for life.
That claim I do not waive. But if the Secretary yet deems it discrete not to adjust and settle commutation claims, because of a resolution
of one branch of the legislature in opposition to a law approved by the three concurrent branches, then the administrator desires that the half-pay may be adjusted and paid.
Major Crittenden was killed by the limb of a falling tree in his field, within thirty days of the date of the letters of administration granted to
me by the county court of Woodford, which are on file.
In conclusion, the report of Mr. J. H. Smith shows that John Crittenden was lieutenant and brigade major in the State regiment commanded by Col. George Rogers Clark, (who was promoted to the rank of brigadier general;)  that in this regiment, called the Illinois regiment, John Crittenden served six years and four months.
The settlement with General Clark's executor of half-pay shows that the Illinois brigade was disbanded 26th June, 1783; consequently
John Crittenden's service in Col. Clark's regiment commenced as early as 26th February, 1777.
John Crittenden, of the Continental line, did not enter the service until 21st July, 1777, as certified by Col. Towles, (doc. O,) and therefore could not have served in the Revolutionary war six years and four months, for that length of service from 21st July, 1777, would have extended to 21st November, 1783;  whereas the Continental troops were discharged in April, 1783; the State troops in the Illinois
service were discharged 26th June, 1783; John Crittenden, of the Continental line, became supernumerary by the Chesterfield arrangement, in February, 1781, so that Continental John Crittenden's service was until last of February, 1781; (Col. Towles' certificate, O.) John Crittenden of the Continental line, and John Crittenden of the State line and Illinois regiment, were different persons in different services at one and the same time; John Crittenden of the Illinois regiment
and State line, entered the service before and continued longer than John Crittenden of the Continental line and fifteenth Regiment.
Brigadier General Clark certifies, that John Crittenden, of the Illinois regiment, was captain and brigade major, and served as such;
therefore, Major John Crittenden, of the Illinois regiment, became after his discharge, 26th June, 1783, entitled to half-pay for life, at
half his pay in the line as captain, $40 per month; and half his additional
pay as brigade major, $24 per month whole pay, $64 per month; half-pay, $32 per month. Commutation, five years' full pay, with interest.

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The 2d section of the act of Congress of 5th July, 1832, mentions, (among others) "the regiments of Colonels Clark and Crockett, and
Captain Rogers's troop of cavalry, who were employed in the Illinois
service."
By section 3, the Secretary of the Treasury is "directed and required to adjust and settle those claims for half-pay of the officers of the
aforesaid regiments and corps, which have not been paid or prosecuted to judgments against the State of Virginia, and for which said State
would be bound on the principles of the half-pay cases already decided in the supreme court of appeals of said State."
That Major John Crittenden did serve as an officer in the line of Col. Clark's regiment for six years and four months, from 26th February,
1777, to 27th June, 1783, and also as brigade major appointed by said Col. Clark, after he was brigadier general of the brigade composed of Colonels Clark and Crockett's regiments, and Captain Rogers's troop
of cavalry, is proved indisputably by the documents, and the depositions of witnesses who served with him in the Illinois service. This service in the regiment of Col. Clark and in the Illinois brigade, bound the State of Virginia, on the principles of the half-pay cases, decided by the supreme court of appeals of said State, to pay Major Crittenden for his said Illinois service half his pay in the line and in the staff
added together, for and during his life, subject to the commutation thereof for five years' full pay, with interest until paid. There is no
pretense that, for this Illinois service, either Major Crittenden or his administrator has ever been paid half-pay or commutation; nor that
this half-pay claim for his service in the Illinois regiment has been prosecuted to judgment against the State of Virginia. This half-pay claim for Major Crittenden's service in the Illinois regiment is due and payable
to his administrator, according to the imperative command of the third section of the act of 5th July, 1832.
All which is most respectfully submitted to the consideration of the
Secretary of the Interior.
June 14, 1852.
GEO. M. BIBB.
For Randolph Railey, administrator.

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2nd Argument
To the Hon. ALEX H. H. STUART,
Secretary of the Interior.
On the 31st of March, 1852, I entered an appeal with Mr. Heath, commissioner of pensions, from his decision in the case of the claim by the administrator of Major John Crittenden, deceased, for his half pay,
or commutation of half pay, for his services in Colonel George Rogers Clarke's regiment, commonly called the Illinois regiment, finally composing a part of the brigade whereof said George Rogers Clarke was brigadier general.
Mr. Heath retained the papers to obtain some documents, which are certified after the date of the appeal. In June, 1852, I filed a printed
argument in support of the claim. Thereafter, Mr. Heath thought fit to withdraw the papers from your office, retained them until August,
and therewith filed other papers certified in August, 1852, and thereon made an additional report.
Mr. Heath persists in his rejection of this claim, upon the presumption that John Crittenden, of the 15th Virginia regiment, afterwards the 11th, on Continental establishment, and John Crittenden, of Col. George Rogers Clarke's regiment on State establishment, was one and
the same person; and supposes that John Crittenden was not connected with Col. George Rogers Clarke's regiment until after February, 1781, when that Continental regiment was reduced.
The return made by General Washington to the President of Congress, certified from the State Department, (exhibit 11, W,) shows that
John Crittenden, 2d lieutenant of 15th Virginia regiment, (afterwards the 11th,) commanded by Col. Mason, was in actual service July 4,
1780. Mr. Heath says he became supernumerary in February, 1781.
The deposition of Ben. Roberts (F) proves, that in the spring of the year 1780 he was stationed at the falls of the Ohio as a captain in Col. George Rogers Clarke's regiment, and that John Crittenden was then in service in said regiment, and was generally with the troops at
the falls of the Ohio (Louisville) for two years, from spring of 1780, while he, Roberts, was stationed there.
It is impossible that the same man could have been in service at the falls of the Ohio, under Col. Clarke, and also in service in the 15th Virginia regiment, under Col. Mason, and the command of General Washington, east of the Alleghany mountains, at one and the same time.
Mr. Heath, the commissioner, denies that Mr. Smith's report was warrants the conclusion that Major John Crittenden served six years and four months in Colonel Clarke's regiment, otherwise called the Illinois regiment.
Mr. Smith reports the officers and their length of service in the Illinois regiment; he speaks of no other regiment in allusion to Major
Crittenden's services. Exhibits B and C, extracts certified from Mr. Smith's report, (a copy whereof is in the office of commissioner of pensions,) show Major Crittenden's service in the State line, Illinois regi[ment]
{Gideon & Co., Printers}
[handwritten] And see also depo's [depositions] of B. W. Ballard
& Jos. Whitecotton

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ment, viz: (C) "No. 46. John Crittenden, brigade major State line remarks: He received land as a lieutenant for a service of six years and four months, and is not entitled as a brigade major. (B) 1. Crockett, Anthony, lieutenant, entitled to land for three years, 2. Crittenden, John, see list No.2, brigade major; he received land as lieutenant for three years and four months, and is not entitled as brigade major," Mr. Smith said that for his staff rank of brigade major no land bounty was allowable, the land was allowed only for rank in the line; but it is
otherwise as to half pay. This report of J. H. Smith, of the officers of the Illinois regiment and state line, can not be distorted to mean
service in the 15th Virginia regiment on Continental establishment.
Again, to escape from the force of this service by Major Crittenden in the State line, Col. George Rogers Clarke's regiment, Mr. Heath,
the commissioner, says: "The volunteer force under Col. Clarke, which captured Kaskaskias and Vincennes, was not organized until the
spring of 1778; and the Illinois regiment proper was only created by the act of Assembly, passed at its October session of that year. See 9 Henning, p. 554."
The act referred to passed after Kaskaskias and Vincennes had been captured, being the act of October session, 1778, chap. xxi, for
establishing the county of Illinois, after the British posts had been reduced, as recited in the preamble of the act itself.
That act did not create the Illinois regiment, or Colonel George Rogers Clarke's regiment; it only authorized a volunteer or militia
force of five hundred men, "for the protection and defence of the said county and its inhabitants;" to protect the county and its inhabitants which Col. Clarke's regiment had previously conquered from the possession
of Great Britain.
That this regiment, called Colonel Clarke's or the Illinois regiment, was not created by the act of October session, 1778, 9 Henning, 554,
as supposed by the commissioner, Mr. Heath, appears by two acts, the one passed at the May session, 1779, 10 Henning, 26, the other a resolution, 2d January, 1781, 10 Henn., 565. The first enacted "that every soldier who 
enlisted in the corps of volunteers commanded by Colonel George Rogers Clarke, and continued therein until the taking of several posts in the Illinois country, shall, at the end of the war, be entitled to a grant of two hundred acres of any unappropriated land
within this Commonwealth, on the terms herein before declared." The other resolved "as Colonel George Rogers Clarke planned and
executed the secret expedition, by which the British posts were reduced, and was promised, if the enterprise succeeded, a liberal gratuity
in lands in that country for the officers and soldiers who first marched thither with him; that a quantity of land, not exceeding 150,000 acres, be allowed and granted to the said officers and soldiers, and the other officers and soldiers who have been since  incorporated into the said regiment."
Thus it appears that Colonel George Rogers Clarke's regiment existed before, and actually reduced the posts in the Illinois country, and
existed afterwards until the end of the war. It was called the Illinois

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regiment in consequence of its having so reduced the British posts in the Illinois country. The report of Commissioner John H. Smith shows the regiment commanded by Colonel George Rogers Clarke, afterwards Brigadier General Clarke, to have been the Illinois regiment. 
The regiment of Colonel George Rogers Clarke was created under the act of October session, 1776, (9 Henning, 192, chap, 13) entitled
"an act for making farther provision for the internal security and defence of this country."
A previous act of that same session, (chap, xi, p. 179) provided for the raising of six additional battalions of infantry on Continental establishment, to complete the quota of the State of Virginia of fifteen battalions required by the Continental Congress. And in the act of May session, 1777, chap. 2, (9 Henn., 275,276,) "for the more speedy completing the quota of troops to be raised in this Commonwealth for
the Continental army," the counties of  Kentucky, Ohio, Monongalia, and Yohogania were excepted out of the provisions thereof; for those frontier counties had need of all their military force to defend their inhabitants, therefore were not called upon to contribute to the Continental army.
The Commissioner, Mr. Heath, is equally in error in supposing that Colonel Clarke captured the posts of Kaskaskias and St. Vincennes by a force "not organized until the spring of 1778." Those posts were reduced in the winter of 1777, 1778, when the British governor and commander of the military posts in the Illinois country deemed himself
secure from any military enterprise in the winter season.
The State of Virginia had established a garrison at the falls of the Ohio river for the protection of the settlements on Bear Grass against the incursions of the Indians. Col. George Rogers Clarke, who commanded
that garrison, conceived the plan of an expedition against the British posts of Kaskaskias and St. Vincennes in winter, when no military expedition would be expected. He communicated his plan in the year 1777 to Patrick Henry, then governor of Virginia, who
approved it. The expedition conceived by Colonel George Rogers Clarke was by him carried into execution with a secrecy, despatch, boldness, and strategy very remarkable in the annals of the Revolutionary
war. Col. Clarke, with a single regiment of about six hundred and eighty soldiers, composed partly of troops who had been
enlisted for the garrison, and partly of volunteers enlisted for the expedition, (not drafted militia,) marched from Louisville in the winter of 1777-'78. The expedition was directed first against Kaskaskias.
The regiment in their march waded two prairies, covered with water about breast deep, carrying their guns and ammunition on their heads, Col. Clarke dismounting and leading the way, breaking a thin ice. They crossed the river Kaskaskia on rafts, and encamped behind a large mound covered with trees and brushwood, which concealed them from the view of Governor Hamilton and the British forces in the fort situated in a prairie. Colonel Clarke caused to be made of wood to
huge mock cannon, blacked with fire coals, (apparently of the largest caliber) mounted on truck-wheels, and having appointed two compa-

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4
nies of artillery to draw his field pieces by grapevines, he marched his forces around and around the mound, in a circle, never ending, still beginning, until his regiment, and two mock heavy pieces of ordinance, had displayed to the astonished beholders from the garrison, a formidable army, well provided with heavy artillery. Encamped again behind the mound, Colonel Clarke summoned the garrison to surrender at discretion, to stack their arms in the fort, and march out as prisoners of war, under pain, in case of refusal, of having the fortress battered down, and every man put to the sword; Col. Clarke would
admit no parley, receive no flag of truce. Governor Hamilton and his forces accordingly marched out, and Colonel Clarke with his forces marched in. When the British governor discovered how he had been circumvented to deliver up the fortress to a far inferior force without firing a gun, he wept bitterly. Col. Clarke left a part of his regiment to garrison Kaskaskias, and marched with the residue and the prisoners forthwith, and took possession of the post of St. Vincennes without resistance. Leaving a small force in possession of the garrison at St. Vincennes, Col. Clarke, in convenient time, made preparations, and
marched, with the remainder of his army and the prisoners of war, to the falls of the Ohio, from whence he sent the prisoners to  Governor Henry at the capital in the city of Williamsburg. The news of this successful and all important expedition of Col. George Rogers Clarke did not reach the city of Williamsburg until after the day session of the legislature of Virginia had ended; for then we had no telegraphs, no steamboats, no railroads, no mails, to convey speedy intelligence from the far West to the capital in the city of Williamsburg. 
That the State of Virginia had in the year 1776, companies of land forces stationed at different places on the Ohio river, for the internal security and defence of that State; that she had in that year a garrison
at the falls of the Ohio under the command of Colonel George Rogers
Clarke that a village was laid out there and inhabited, under the protection
of that garrison, before the town of Louisville was established
by act of May session, 1780, (X Henning, p. 293;) that the troops of the garrison and the villagers raised corn on the island near to the
fort, and protected by its guns, called to this day Corn island; and that the garrison was included in the town when laid out under the act of the legislature, are matters attested by public documents, history, and tradition.
In asserting that "no officer of the regiment (Colonel Clarke's) ever served a period of six years and four months," the Commissioner has
drawn on his imagination, has argued from his erroneous premises that "the Illinois regiment proper was only created by the act of Assembly, passed at its October session of that year, 9 Henning, p. 554;" has contradicted the public statutes of May session, 1779, 10 Henning, p. 26; the resolution of January, 1781, 10 Henn., 565; and of October session, 1783, XI Henning, p. 327, and the public document, the report of Commissioner John H. Smith, before cited.
Mr. Heath says, that Col. Clarke's regiment was directed to be reduced by the act of October session, 1781, (10 Henn. 449,) though a

Page 147

few of the officers remained in service as late as 1783. What has this to do with this question? The Brigadier General continued in office until 27th June, 1783. It is not pretended that Major Crittenden was thrown out of service of this regiment; on the contrary, he served to the end; he served six years and four months.
The records of the State of Virginia, in relation to the officers of the continental and State lines, and their services in the war of the Revolution, were very deficient; a prominent defect was caused by the destruction of the papers when the British burned the public buildings at Richmond soon after the adjournment of the October session, 1780, of
the legislature. See Governor Jefferson's letter to the legislature, 10 Henn, 574. Before the publication of the report of the commissioner,
John H. Smith, in the year 1834, "from sundry newly discovered papers and documents relating to revolutionary claims," officers had
to collect proof of their services from the 
 memory of witnesses, wherefore many mistakes were committed by the witnesses, the board of war, and the governor and council.
The report of John H. Smith, the commissioner, has served to correct many mistakes, and the decisions of claims since that report have
been " upon the evidence of the record."
But Mr. Heath, the commissioner, insists upon deciding this case, not by the record, but by the certificate of Colonel O. Towles, made from memory--for Col. Towles was neither an officer of the fifteenth Virginia regiment, on Continental establishment, nor of Colonel George Rogers Clarke's regiment of the State establishment.
That there is a mistake in Col. Towles' certificate is now clearly proved. He certifies "that Brigade Major Crittenden" was a Continental officer, in service as a Continental officer from 21st July, 1777, until the "last of February, 1781," when he became "a supernumerary officer." A Continental service from 21st July, 1777, to the last of February, 1781, is all that Col. Towles' certificate alludes to. John Crittenden never was a brigade major in the Continental line. It is not pretended that he was. The papers in the statement returned
by General Washington to the President of Congress show that he was not a brigade major. The half pay, commuted into five years
full pay, at $1,600, and paid to Continental John Crittenden as a lieutenant only, shows that he was not a brigade major; for if he had been a brigade major in the Continental service, his half pay and his commutation of half pay would have been for half his pay in the line and in the staff added together. Notwithstanding this mistake of Col.
Towles is now so clearly established by the Washington papers, by General George Rogers Clarke's certificate of his own appointment of
John Crittenden as his brigade major in the State line, and by the report of John H. Smith, the commissioner; yet Mr. Heath still insists upon continuing and perpetuating Col. Towle's mistake, and refuses to correct it by the records and the new light of truth which
shines in this case.
Was John Crittenden, any John Crittenden, a brigade major in the Continental line? No. Nobody has said so but Col. Towles, and

Page 148

those who acted upon and in faith of his certificate. But in so certifying that he made a mistake, is now made to appear as clearly as the shining of the sun.
The mistake of Col. Towles caused the mistake of the governor and council founded on Col. Towles' certificate, and I followed in the wake of those mistakes. But the report of John H. Smith, the commissioner, and the other evidence in this case, proves the mistake.
The adage, "one mistake makes many," has been verified. But the mistakes of the night are not to be believed in open day; error is not
to prevail over truth. The maxim is, "Veritas fortissima este prevalebit," and I trust that, by your supervising power, truth will prevail.
Promises, contracts under seal, the most solemn assurances, if founded on mistakes of fact, are set aside, or corrected, or reformed,
when the truth is made to appear. But the commissioner, Mr. Heath, would have the truth of facts, verified by public papers, and documents, and undoubted evidence, to bend and yield to the mistaken certificate of Colonel Towles. As the land bounty promised by the
State of Virginia to her officers on Continental establishment, and to her officers on State establishment, was of equal rate, whether the
service was in the Continental line or in the State line, was of no intrinsic importance in applications for the land bounty; a mistake of
the one line for the other worked no injustice in that respect. But in applications for half pay, the question of service in the Continental
line, or in the State line, becomes material, as it determine whether the debt was due from the United States or from the State of Virginia;
and so a mistake of the one line for the other leads to injury and injustice; and a mistake in that respect is to be corrected according to
the truth.
The Commissioner, Mr. Heath, says, that about the beginning of this century, the constituted authorities of the State of Virginia changed
their former practice of issuing land warrants for actual service only and issued them for constructive supernumerary service. Be it so. No constructive supernumerary service, added to the actual service of John Crittenden, who entered into the Continental service on the 21st July,1777, can give him a service of six years and four months. From 21st July, 1777, to 22d April, 1783, when the proclamation of the Governor of Virginia issued, founded on the previous proclamation of Congress,
is short of six years. From 21st July, 1777, to 27th June, 1783, when General Clarke's whole brigade, and himself, too, had been discharged, is yet short of six years.
In his first decision and report, Mr. Commissioner Heath committed a mistake in presuming that John Crittenden, of the Continental line, and fifteenth regiment, was the same person who served six years and
four months as an officer in the line, and as brigade major of the staff, in the regiment of Colonel George Rogers Clarke, and in his brigade on the State establishment.
In pride of opinion, and in endeavoring to maintain this error against the evidence showing the mistake, Mr. Commissioner Heath has, in his last report, fallen into the other mistakes which I have pointed to.

Page 149

It becomes all men invested with judicial, or with semi-judicial, authority over the affairs of men, to bear in mind a wise proverb --
"Hominum est errari, sapientes errores  corrigere gaudent; stupifdi nunquam." 
They should, by patient, careful, impartial examination, endeavor to escape error; they should cheerfully follow the course of the wise in correcting their errors; they should eschew the course of the stupid, who persist in error.
In conclusion of my observations on Mr. Heath's last report, I say, that Colonel George R. Clarke's and the Illinois regiment, was one and the same identically. The report of Commissioner John H. Smith, in speaking of the officers of the Illinois regiment and their lengths of service, cannot, in justice and candor, be construed as alluding to any other than Colonel George Rogers Clarke's regiment. The officers named in that report, as of the Illinois regiment, are the very same officers who belonged to Colonel George Rogers Clarke's regiment, and no other; the statutes show that it is the same regiment that reduced he posts of Kaskaskias and Vincennes. The attempt by Mr. Commissioner Heath to make the creation of that regiment to have been posterior to the capture of those posts, and by virtue of the act of October
session, 1778, 9 Henning, 554, is vain, far-fetched, and overstrained. The report of Mr. Commissioner Smith, of the officers of the Illinois regiment, State line, and the length of their services, can not be stretched to mean service in the fifteenth Virginia regiment on Continental establishment; the deposition of Ben. Roberts proves John Crittenden, of the State regiment commanded by Colonel Geo. Rogers Clarke, to have been in service at the falls of the Ohio in the year 1780; and the returns of General Washington to Congress show that, in that same year and same time, John Crittenden, of the Continental line and fifteenth Virginia regiment, was in actual service in that regiment. The proof that they were two different men, in different services at the same time, at far distant places, is clear and conclusive.
All which is most respectfully submitted.
GEO. M. BIBB,
For R. RAILEY, Adm'r. [Administrator]

Page 150

John Crittenden
Decision of
Louis M Lane
Sect. Treas.

Page 151


P. [Pension] Dept. 4 Jan. 1833

Sir,

The claim of John Crittenden, under the act
of the 5th July, 1832 has been examined his name does not appear on the list of Officers of the Virginia State line, that were returned to the executive of Virginia by the Board of Officers that sat at Richmond, in the year 1782 & 1784 for the purpose of making such lists.
This omission would not be deemed conclusive against the claim, if such evidence were presented, as to show that
Major Crittenden was not withstanding entitled to half pay. The papers presented by you, however, do not contain such evidence.
I am [illegible]
Louis McLane
Sec [Secretary] of Treas [Treasury]

The Hon Geo. M. Bibb
Senate

Page 152

Washington
October 8/52
Hon. Geo. M. Bibb
Encloses two additional affidavits in support of the claim of the Representatives of Brigade Major Crittenden for half pay & requests that the papers in the case may be returned to the Commission of Pensions for reexamination in [ ? ] with the enclosed evidence
Ref. to the Comm. of Pensions
with the other paper in the
case for reexamination &
report, in view of the new
evidence adduced.
City Int
Oct. 8, 1852
Your

Page 153

Oct 8th 1852

Hon Alex HH Stuart
Secretary of the interior

Yesterday Evening (illegiblee) mail I received, from Frankfort Kentucky from Hon Charles S. Morehead, two additional depositions in the case of the claim for commutation for half pay of (illegible) John Crittenden, of the Illinois Regiment, which with the other evidences on file will (or 2 things) (illegible) the objections of no comm Heath.

In consequence of which I suggest that the case be recommitted to the Commissioner for his immediate action & (illegible) thereon_

Very respectfully
yours
Geo M Bibb
for R. Railey admin

Page 154

No. 2
Extract from Comm.
Smith's report
& of
[ ? ] Committee of
House of Delegates of
Virginia
18 Dec. 1834

Page 155

"Document No 32- p. 11"
"A list of Officers of the Illinois Regiment,
"who have not received lands for revolutionary
"services.
"1. Crockett Anthony - Lieutenant, entitled to land for three years."
"2. Crittenden John - (See list no 2) Brigade Major, He received
"land as Lieutenant for 3 years & 4 months;
"and is not entitled as Brigade Major"
Truly copied from a printed
book in my possession
F. S. Evans
March 14 1840

Page 156


Washington

March 20th 1850
Hon. James L Edwards
commissioner &c
Herewith I enclose some additional evidence & an argument, in my application as admr [administrator] of Major John Crittenden, for commutation of half pay for his services as Brigade Major, in Brigadier Genl [General]
Geo: Rogers Clark's brigade. 
The other papers, & my letters of administration have been long ago on file. I hope you will give the case a prompt hearing. I believe under the now well settled principles, the case is clearly made out for Commutation, in lieu of half pay for life. Nothing has as yet been paid, either for half pay, or for commutation of half pay, for Maj'r [Major] Crittenden's services. The money would be very acceptable to Governor Crittenden of Kentucky, his sister Mr Thornton & the children of the deceased sons & of a deceased daughter of Majr [Major] Crittenden the decedent. The grand children entitled to distribution are particularly in

Page 157

need of the money due for the revolutionary services of their ancestor.

Very respectfully yours
Geo. M. Bibb


Hon. James L. Edwards
Commissioner

Page 158

Hon. James L Edwards
Commissioner

Page 159

13 October 1857
Letter from G. M. Bibb Esqr. to the secretary of Interior praying appeal from the decision of the Commissioner rejecting the Half pay claim of Major John Crittenden.

Page 160

Washington October 13th 1851
Hon. A H. H. Stuart
Secretary of Interion
Sir,
In the case of John
Crittendon presented at the Pension Office
for Half pay under the Act of 5th July 1832
for services Lieutenant Brigade Major in the
Illinois Regiment during the war of the
Revolution, the same having been rejected
by the Commissioner, an appeal is prayed
Randolph Railey admr.
de bonis non of
the Estate of John
Crittenden deceased
by Geo. M. Bibb
his attorney

Page 161

"C"

No 4.

Extract from
Comm.r [commissioner] Smith's
report
& report pf Select Comme [Committee]
of House of Delegates
of Virginia
18 Dec. 1834

Page 162

"Document No. 31"
"No. 2 - page 4 - "
"No: 46
John Crittenden, Brigade Major, State line
"remarks He received land as lieutenant for
"a service of Six years & four months,
"and is not entitled to an allowance
"Brigade Major.

The above is a Copy from the report of John H. Smith, Commissioner, of the State of Virginia, made to Genl S. E. Parker Chairman of the Committee of Revolutionary claims of Dec 1834, & printed by order of the House on
the 18th Dec. 1834 -
The foregoing is  truly copied from a printed book in my possession
F. S. Evans
March 14th 1850

Page 163

Hon: Louis McLane
By Doctor Wilkinson

Page 164

222.
Re.'d [Received]  8 Feb 1833

Inclosed is a copy of a document from Virginia and a depo'n [deposition] which, I apprehend, can leave no doubt as to the service & rank of Maj. John Crittenden whose admr [administrator] I am:
of
Doct. [Doctor?] Wilkinson, my particular friend, & a connection of Mr Crittenden's family, will hand you this 
As he is about to return to Kenty [Kentucky] he desires to know the fate of this claim and the amount.

Very sincerely
Your friend
Geo. M. Bibb
8th Feby 1833

Page 165

Commonwealth of Kentucky
Franklin County
This day Capt. Benjamin Roberts personally appeared before me Henry Wingate one of the justices of the peace of the Comlth [Commonwealth] & County aforesaid & being duly sworn, deposes & makes oath that in the Spring of the year 1780, he arrived at the Falls
of Ohio, where Louisville is situated & was stationed there for about two years, in command, as a Captain of a company belonging to the Regiment of troops commanded by Col. George, R. Clarke Commonly called the "Illinois Regiment"
That in December 1781, the said troops
were generally disbanded - That during the period of near two years that he was stationed as aforesaid at Louisville, he became acquainted with Major John Crittenden that said Crittenden was in service in the
said Illinois Regiment, & was generally

Page 166

with the troops at Louisville, during the period aforesaid, & continued in the service untill the disbandment of the troops as aforesaid. That during the whole period of his service aforesaid the said Crittenden acted as a Major
in said Regiment & was so called & reputed, the this affiant never saw the commission of said Crittenden & has no other knowledge of his rank except as aforesaid - He always supposed & believed that the said Crittenden
was a Major in said Regiment. He knows that he acted & served & was reputed as such untill the disbandment in December 1781, when this affiant left the service. 
That he continued afterwards to be acquainted with the said Crittenden--to see him occasionally, & once at the house of the said Crittenden in the present County of Woodford
in this State, where the said Crittenden then resided, & afterwards died - That he never 
 knew any other in the service of the name of

Page 167

John Crittenden & knows that the John Crittenden of whom he has before spoken as being in the service, is the same that afterwards resided, and, as this affiant is informed & believes, died in the said County
of Woodford.
The said affiant states that he was an officer (a Captain) in the sd [said] Illinois Regiment, & that he is now in the eighty third year of his age
Ben. Moberth [M. Roberts]

Subscribed and sworn to by the above named Benjamin Roberts in due form of law before me this 31 day of July 1832

H. Wingate JP.
July 1832

Franklin County Sct
Alexander H Rennick
clerk of the County Court for the County aforesaid Do certify that Henry Wingate Esqr whose name is signed to the above certificate was at the time of doing the same and still is a Justice of the

Page 168

peace in and for the County aforesaid duly commissioned and qualified as such and that due faith and credit is and ought to be given to all of his official acts as such as well out as in courts of Justice and that his Certificate is in due form of law.

In Testimony whereof I here unto set my name & seal of office this 20th day of September A.D. 1832

A. H. Rennick JP
By R. Long D.C.F.C.C
 [seal]

State of Kentucky
I Lewis R. Major Presiding Justice of the peace in & for the County of Franklin Do certify that Alexander H. Rennick who hath by R Long his deputy signed the above certificate was at the time of doing the same the Clerk of the Franklin County Court & that his certificate is in due form of Law.
Given under my hand & seal this 21st
day of September 1832
Lewis R Moore
[seal]

Page 169

Certificate of Auditor of Va
showing that Crittenden received
his commutation of 5 years
full pay in lieu of half pay
for life as a Captain Lieutenant
in the Va continental line.

Page 170

Dr The United States in A/C with Jno. [John] Crittenden Cr

To five years full
┃ pay as Capt. Lieut
Infantry  in lieu of
half pay --
1600   By Certificates
Sworn to the 4th December 1784
Jno [John] Crittenden 
Settd. [settled?] by himself

I hereby certify that the above is a true extract taken from a Book on file in this office, entitled "Copies of accounts as settled with the Officers, non comm [commissioned] Officers, and Privates of the late Regular Army of Asst (Assistant] Comr [Commissioner?] of Army accounts and particularly appointed for that state",
Given under my hand, at the Auditors Office Richmond. This 10th day of April 1852.
Ro Johnston
First Auditor

Page 171


Auditors Office
Richmond 10th April-52

Jas. E. Heath
Com [Commissioner] & or Dr Sir
Herewith you will find a copy of Jno [John]  Crittenden' account taken from "Dunscombes Settlements"

Yours Respectfully
Ro Johnston

Page 172

(W.)
No. 11
Evidence jn-
Maj. Crittenden
case of State line
to show that
John Crittenden of 15th
Regiment of Virginia in
continental establishment
commanded by Col Mason
&
John Crittenden of Col.
George Rogers Clark's Regr [Regiment]
of State line were
different persons--

Page 173

Department of State
Washington, June 18, 1852
George M. Bibb Esquire
Washington
Sir:
the military service of John Crittenden
as a Lieutenant in the Virginia Line during the
Revolutionary War, is substantiated
by the following evidence from the Washington Papers.
In Army Returns No 26, p. 15, there is an
"arrangement of the Virginia Battalions" - endorsed "August 1778" in which, among the Lieutenants of the 15th Regiment the name of said John Crittenden is found.
On p. 49 of the same volume, there is a" Roll of the Captains and

Page 174

Subaltern officers of the 15th Virga [Virginia] 
"Regt [Regiment] Comm.d [Commanded] by Col Mason" in which the name of this officer is again found, and in the following connection:-
"John Crittenden - 2nd Lieut. Date of Commission, July 21, 1777.
In the series of Old Congress Papers, No 169: 7: 180, there is a letter from Genl Washington to the President of Congress, dated July 22, 1780 with which is enclosed "A Return of the Continental Officers now in Virginia, as nearly as "at present can be ascertained, July "4, 1789," wherein appears the name of
John Crittendon, Lieut. 11th Regt." [Regiment]
There can be no doubt of the identity of this officer with the one before named, inasmuch as there are associated with him in the 11th Regiment several officers whose names are found with

Page 175

his in the returns of the 15th regiment from which quotations have been made.
n another enclosure accompanying this letter of General Washington a place is proposed "with respect to 5000 drafts "raised or intended to be raised, for 18 "months, by the State of Virginia for re"cruiting her Battalions," in which John
Crittendon is named as one of the Lieutenants of the 11th Regiment.
I am, Sir, very respectfully,
Your obedient servant,
Dean Webster

Page 176

This day John Daugherty, personally appeared before me Robt T.  Robb a justice of the peace in and for the County of Shelby and being first duly qualified, deposeth and sayeth that he is in the eighty sixth year of his age that he has been on the pension list of his country for sixteen or seventeen years on account of services rendered in the Ilnois [Illinois] regt [regiment ]during the American Revolution which Regt [Regiment] or Brigade was commanded by Genl George Rogers Clark This  said regt [regiment] landed at Kaskaskia in the spring of 1779 under the immediate command of Col John Montgomery the sd [said] affiant then served in the company commanded by Capt Thomas Quirk That the regt [regiment] ascended the river and rendezvoused at Louisville in 1782 at which place Genl G R Clark again resumed the command, This affiant further states that at Louisville he became acquainted with Majr [Major] John Crittenden who at that time acted as aid de camp to Genl Clark he was then called Maj [Major] Crittenden and considered an intrepid and useful officer
This affiant continued in sd [said] regt [regiment] let untill disbanded in the year 1783 he has been informed and has every right

Page 177

Service Va. 
Crittenden, John 
Number R. 13465
Va. Half Pay

Page 178

J L Edwards
Comm [Commissioner] of Pensions
Washington


Major Crittenden decd [deceased] 
Oct 3 [illegible]

Page 179

Washington Oct 1850

Hon.  J L Edwards
Comm [Commissioner]

Inclosed I send a certified transcript of the record granting letters  of adm [administrator]  on the Estate of Majr [Major] John Crittenden to Randolph Railey, (who married one of the daughters of the intestate.)
The evidence on file & in the public documents in your office, to which I have referred, prove that Majr [Major] Crittenden, never resigned, never was cashiered, was not a supernumerary, but continued in service to the and of the war. Therefore was clearly entitled under the revolutions of Virginia passed during the war, to half pay for life.
Being entitled to half pay he had, & his representatives have, under the act of Virginia of 1790 election to take the commutation of five years full pay with interest until paid in lieu of half pay for life. I must, as the agent of the admin [administrator]  [illegible] your
earliest attention to this case which has been

Page 180

long pending.

respectfully
Yours [illegible]
Geo. M. Bibb

Page 181

Richmond Virg [Virginia]  21 June 1783
Sundry accounts do to  J. A. T. continued
Illinois Dept [Department]
Warr [Warrant?] to John Crittenden for his pay and subsistence from 1 January 1782 to the 22d Nov 1782 to be paid out of the Military fund agreeable to the order of the Executive---89.18.3
Warr [warrant?] to debts for one years interest on a Cert [Certificate] dated this day No 360 in full of the balance of his pay as a Brigade Major in the State line
20.2
91.18.10
This is to certify That the above is a true extract from one of the Journals of this office for the year 1783 and that the letters J A T were intended for John Ambler Treasurer
and Office Rich
Jas. E. Heath 
and [illegible] accts [accounts]
Audrs [Auditors] Offie Richmond Va
23rd January 1833.

Page 182

This is to certify that it appears from a List in this office of such officers and Soldiers of the Virginia line, during the Revolutionary War, is settled their accounts, and received Certificates for the balance of their full pay, according to an act of Assembly, passed the November Session 1751, that a certificate issued on the 21 June 1783 in the name of John Crittenden as Brigade Major for L 33-9-7 which certificate appears to have been delivered to himself and was on account of
services previous to the 1 January 1782

Given under my hand at the auditors Office Richmond this 23rd day of January 1833
Jas E. Heath
aud [auditor] [illegible] accts [accounts]

seal of office

"H"

Page 183

State of Kentucky Marion County Sct
I James Whitecotton of the County and State aforesaid certify that I was a soldier of the Illinois Regiment and came to the Western County the first time that Colonel George
Rogers Clark (afterwards General George Rogers Clark came out which was in the year 1777 that I was under him at the taking of the several British Posts in the Illinois Country ever since which period I have remained in the Country never having returned to Virginia I certify that I know Brig Major John Crittenden of the Illinois Regiment at the halls of Ohio and remember him well and know that he was there at the time that Captain
Sebastien Lieutenant Anthony  Crockett
Lieutenant John Roberts   Captain Benjamin Roberts and other
officers were, I know I cannot be mistaken in what I have stated Given under my hand and seal this 7th day of June 1844
James Whitecotton
X
his mark

Sworn and subscribed before me on the 7th day of June 1844
Buford N Penick JPMC [Justice of the Peace Marion County]

And  I the just subscribed Justice of the Peace certify that the deponent has been personally known to me  for the last past twenty years and believe him to be a Gentleman of truth and a man of sound mind and deposing memory and unto

Page 184

whos statement then should be given full faith
and credit I also certify that he is a Revolutionary Pensioner of the United States in testimony when I have hereunto subscribed my name the day and year aforesaid
Buford N. Penick JP [Justice of the Peace]
State of Kentucky
Marion County Sct
Buford N P
I Rutherford H. Rountree Clerk of the Marion County Court certify that Buford N. Penick whose name is signed to the above certificate is and was at the time of so doing an acting Justice of the peace for said County & State duly Commissioned & qualified & that his signature is genuine and to all of his official act faith & credit are due
In Testimony whereof I hereunto set my hand & seal of office at Lebanon Cty
this 8th day of June 1844 & in the year 53 of the Commonwealth
R. H. Rountree
H Rountree

Page 185

I state on Oath that James Whitecotton, named in the foregoing Certificate of B. N. Penick has been known to me for fifteen or sixteen years at least and has lived most of the time within a few miles of me. He is a revolutionary Pensioner I am well acquainted with his neighbors-- I have never heard his veracity questioned in any XXX  that I recollect of and I believe full faith & credit are due to any statement he might make Subscribed
this 8th June 1844
John Shuck

State of Kentucky, Marion County Sct
Leonard Edelen a Justice of the peace for said State & County certify that John Shuck whose name is signed to the above certificate came personally before me this day and made Oath that the facts stated in the above certificate are true. Said Shuck is personally known to me to be a man of veracity and is a member of the bar at this place and stands high as such - I certify that said Whitecotton is a man of 
veracity entitled to credit on oath I have known him for several years - Given under
my hand 8th June 1844. 
Leonard Edelen J P. M. C. [Justice of the Peace Marion County]

State of Kentucky, Marion County Sct
I Rutherford H Rountree clerk of the Marion County certify that Leonard Edelen whose name is signed to the above certificate is and was at t he time of doing so duly commissioned and qualified and that his signature is genuine and to all of his official acts full faith and credit are due.

Page 186

Given under my hand 8th day of June 1844
R. H. Rountree

Jas Whitecotton
depo [deposition] 
[illegible]