Revolutionary War Pension and Bounty Land Warrant Application File S 5371, Peter Stephen Du Ponceau, Continental

Page 1

(3—1776)

SERVICE
Continental 

Du Ponceau, Peter Stephen

NUMBER
S 5371
{B.L. Wt. 638_300 Capt. & Aid-de-Camp. Issued Jan. 21, 1794 no papers carded}

CONTENTS

Page 2

Pennsylvania 32,041
Peter S. Du Ponceau
of [handwritten] Philada. [end handwritten] in the State of [handwritten] Pennsylvania [end handwritten]
who was a [handwritten] Captain & Aid-de-Camp [end handwritten] in the [blank] commanded by Captain [blank line] of the [blank] commanded
by [blank line] in the [handwritten] U.S. Army [end handwritten]
line for [handwritten] 2 years [end handwritten]
Inscribed on the Roll of [handwritten] Philadelphia [end handwritten]
at the rate of [handwritten] 600 [end handwritten] Dollars [blank line] cents per
to commence on the 4th day of March 1831
[handwritten] Increased from $480. Act. 15. May 18
--------------------
Certificate of Pension issued the [handwritten] 12th [end handwritten] day of [illegible]
[handwritten] 1843 [end handwritten] and [handwritten] sent to H. Nort
Present.
--------------------
Payments under Act 15 May 1828 to be deducted [end handwritten]
Arrears to the 4th of  [blank]
Semi-anl. allowance ending [blank]
{Revolutionary Claim, 
Act June 7, 1832}
Recorded by [handwritten] D. Brown [end handwritten] clerk,
Book [handwritten] E. 2. [end handwritten] Vol. [handwritten] 5. [end handwritten] Page [handwritten] 15. [end handwritten]
Reported, see letter

Page 3

Certificate from the Bounty
Land Bureau in the care of 
Capt. Peter S. Du Ponceau, 
dated May 9, 1843.

Page 4

Pension Office
May 9th 1843
Sir, 
The name of Peter S. Du Ponceau, is returned on the list of Foreign
Officers, in the service of the U. States in the war of the Revolution, as a
Captain, and as being entitled to Military bounty land.  The records in
this office shew that, land warrant No. 638 for 300 acres, issued the 21st Jany
1794, to Peter S. Duponeau [Du Ponceau], aforesaid, as Captain & Aid de Camp.
Respecty. Your Ob Serv
Wm. Gordon
J.S. Edwards Esq
Commiss. of Pensions

Page 5

Philadelphia April 17th 1843
Sir, 
I have the honor to inform you
that I am an applicant for an increase of my pay
from four hundred and eighty dollars ($480.)
to six hundred dollars ($600) a year, under
the act of congress of the 15th of May 1828 and of
the 7th of June 1832, as an officer in the continental line of the army of the United States,
during the Revolution, which addition, I understand, has been granted under similar
circumstances with mine, to Major Wm. Popham of New York, and I believe to others similarly situated; it having been found to be the 
true interpretation of the statutes aforesaid.

Page 6

W. Henry Northrop, my agent; will lay before you 
an affidavit, stating the services on which my 
claim is grounded, and such evidences as may be
required in support of it.  The affidavit was 
made last year in the contemplation of a similar 
application.  I hope it will be considered
satisfactory, if not I will be ready to renew it;
or to make any other that may be required.
I have the honor to be 
with great respect
Your Most obet humble sert
Peter S. Du Ponceau

J. L. Edwards Esqr
Commissioner of Pensions

Page 7

Rev War
5371 
INVALID.
 am 
File No. 5371 
Peter S. Du Ponceau
Aid-de-Camp Rev 
Act: June 7th /32 
Index:-Vol. M , Page 104 
[Arrangement of 1870.]

Page 8

Rcd August 16, 1782 of Mr. Peter Doponso fifteen 
shillings for his First Quarterly Supply tax
£0:15.0
Charles Pryor
DU PONCEAU, PETER S. (CONT) S-5371

Page 9

City of Philada. Ss.
I do hereby certify that Captn. Peter Stephen 
Du Ponceau hath Voluntarily taken and Subscribed the Oath of
Allegiance and Fidelity, as directed by an Act of General Assembly
of Pennsylvania, passed the 13th day of June A Dom 1777
Witness my hand & Seal the Twenty Fifth day of July 
one Thousand Seven hundred and Eighty-one.
John Miller

Page 10

Pay Certificate of 
Peter S. Du Ponceau
Revolutionary Claims No. [handwritten] 616 [end handwritten]
Under the Act entitled, An Act for the relief of certain surviving
Officers and Soldiers of the Army of the Revolution, approved 15 May, 1828
I certify that [handwritten] Peter Stephen Du Ponceau [end handwritten] of [handwritten] Philadelphia [end handwritten] in the County
of [blank] in the State of [handwritten] Pennsylvania [end handwritten] is entitled to receive pay
under the above mentioned Act as a surviving [handwritten] Captain of Infantry [end handwritten]
in the [handwritten] Continental [end handwritten] Line of the Army of the Revolution, at the rate of
[handwritten] Forty [end handwritten] dollars and [blank] cents a month payable during his life
on the third day of March and third day of September in each year.
It is provided by law that the said pay shall not in any way be transferable 
or liable to attachment, levy or seizure by any legal process whatever.
Given under my hand and the Seal of the Treasury
of the United States this third day of 
August in the year one thousand eight hundred and
twenty nine and of Independence, the fifty fourth.
[hand signed] S. D. Ingham [end hand signed]
Secretary of the Treasury

Page 11

May 2d 43
Petr. S. Du Ponceau
& May't Henderson
H. Northrup
Privt.

[written at a 90-degree angle to previous writing]
James L Edwards Esqr.
Commissioner of Pensions
Present

Page 12

May 2d 43
Peter S. Du Ponceau
& May't Henderson
H. Northup   Privt.

James L Edwards Esqr
Commissioner of Pensions
Present

Page 13


Washington City 1st of May 1843
Sirs
In yours of 29th Ult. you state that [strikethrough Capt] Major
Peter Duponceau claims had on the 14th of April 1842 been resided by the Secretary of war to be inadmissible under the act of 7th of June 1832. And further that the claim now set up as further pay under the Act of 15th of May 1828 cannot be paid for any service other than that performed as an officer of the time "That as an Aid De Camp no allowance whatever can be [strikethrough 'allowed'] made. The law expressly directs that every officer shall be paid according to his rank in the line and nothing more can be allowed".
   Such sir is your letter. Yet sir I must dissent from the decision. I sir have seen the letter of the secretary referred to by you in which he [underlined] neither rejects or allows [end underline] but [underlined] declines acting on the case [end underline] saying that it had been [underlined] previously decided by his predecessor Mr Taney. [end underline] Such sir was the Secretarys letter in this case, yet nothing could as I believe have been more erroneous than that the opinion of Mr Taney had any thing to do with [underline] this case. [end underline] Mr Taney had decided that foreign officers were
[underline] not intitled. [end underline] This was the decision of Mr Taney and not whether Major Peter, S, Duponceau was entitled or not or whether he
was a [underlined] "foreign officer" [end underline] within the [underline] spirit meaning and intention of the law. [end underline] This Sir is the case in point. To wit whether Peter S.
Duponceau who was a naturalized [underline] American Citizen two years before the close of the revolution [end underline] and after being left out as aid
[underline] of the retiring officers under the resolution of 31st of December 1787 [end underline] and intitled to all the pay and emoluments of [underline] other retiring officers [end underline] and who within the next two months was appointed under secretary of foreign affairs which will be found by reference to the records in the proper department, and who had never at any time held a [underline] foreign commission [end underline] or appointment was a foreign [underline] officer or not. [end underline] The question is not whether foreign officers are
intitled, this has been decided that they are not, the acts of 15th of May 1828 and of 7th June 1832 provides that they shall [underline] not [end underline] receive
the benefits of those Acts.  But the question is whether is Peter S. Duponceau a [underline] foreign officer or not. [end underline]  And this question we have a [underline] constitutional [end underline] right to [underline] have decided. [end underline] And that by the opinion of the attorney of the attorney general. Should the secretary of war not feel otherwise satisfied. There are rights belonging to Peter S. Duponceau as well as other [underline] American Citizens [end underline] and that is the right now claimed to wit to decide what constituted a [underlined] foreign officer [end underline] within the spirit meaning and intention of the law as what constituted an American Citizen and American officer
With respect to [strikethrough] the construction of the Act of 15th May 1828. There can be [underline] no difficulty on this point, [end underline] it is only for the Secretary to decide whether the provisions of that Act may not intitle Aids & Brigade Majors to the pay of a [underline] Captain in the Line of the highest grade and not of the lowest as has been done [end underline] but it is further believed that the Commission of Peter Duponceau is [underline] deficit [end underline] either as to infantry or otherwise but simply left

Page 14

I have to ask of you Sir an appeal of this case to the Secretary of War for his decision and that of the Attorney General to wit whether this Act of 15th of May 1828 would not give to Brigade Majors and aids de camps the pay of a Capt in the line of the [underline] highest grade [end underline] in the same  manner as was done to all officers beyond the rank of Capt [illegible] in the Medical department as whether its intention was to give such the pay of a Capt of [underline] infantry [end underline] while all others received that of Capt of Cavalry or Artillery.  And also whether Peter S. Duponceau was an [underline] American [end underline] or a [underline] foreign officer [ end underline] within the spirit meaning and intention of the law
You will do me the kindness to lay these papers with your statement before the Secretary of War as early as practicable and obliged sir
Yours Respectfully
Henry Northrup

Page 15

Copy
Pension office November 26th 1840
Sir
At your request I have again examined the case of Mrs Margaret 
Henderson who was previously the widdow of Major James A Wilson
I discovered nothing in the papers to authorize any increase of
her pension. If the deceased continued in the service as a Capt
after the 20th of March 1777 and it can be shown by the records in the
department of State you must furnish a true copy of the paper
to which you refer signed by the Secretary of State as the Clerk who
has charge of the Washington Papers
Mr Henry Northrup Present
I am respectfully 
your obdt servt
J L Edwards

Washington 1st May 1848
The paper which I have referred to in my late communication relative to this claim is the [underline] record evidence [end underline] referred to by me in my
former communication showing positively and [underline] conclusively [end underline] that
James C. Wilson did [underline] not resign on 20th of March [end underline] 1777
as alledged by the Commissioner in passing Mrs Hendersons Pension claim, but was arranged out of service at a [underline] subsequent [end underline]
period in consequence of being a Prisioner of war and [underline] specially
recommended [end underline] by the [underline] Board [end underline] Such is the paper referred to [underline] now in the department [end underline] and was the [illegible] on which you have allowed
Bounty land which never is granted to an officer resigning
Yours Respectfully
Henry Northup

Page 16

James, L, Edwards Esqr {Stamp] Free
Commisioner of Pensions
Washington 
City

[Rotated left side]
Apl 19 '43
Cont
[stamp] PHILADELPHIA Pa. APR 18

Peter S. Du Ponceau
fn increase

Page 17

James, L, Edwards Esqr {Stamp] Free
Commisioner of Pensions
Washington
City

[Rotated left side]
Apl 19 '43
Cont
[stamp] PHILADELPHIA Pa. APR 18

Peter S. Du Ponceau
fn increase

Page 18

Memorandum &c in claim of Major Peter S Duponceau For pay &c of Major Duponceau. See Journals of Congress of the 5th of June
1776, giving ”Aids to Major Generals the rank of Major”. Again see record of Congress of the 24th of March 1777 Vol 2nd Page 65 gives to Aids the same
pay of Officers of their rank, and the previous resolution gave them the rank of Major. And again see page 43 Vol 4th “gives Captains and subalterns
serving as aids or brigade Majors the pay and emoluments of a Major. The foregoing quotations will clearly shew that Maj Duponceau was entitled under the Act of 1828 to the pay of Capt of Cavalry
or artillery and not of infantry. Such being the Annal [annual?] pay allowed & all officers be above the rank of Captain to wit $680 per year.
Major Duponceau now makes application for this increased pension or Just pay (I think the act of 1828 does not call it Pension).
Enclosed is his Original Certificate granted by the Secretary of the Treasury Richard Rush and a second one issued by Samuel Dingham [D. Ingham]. The Certificate of Barron Stuben shewing his service as Aid - The certificate of Naturalization and Receipt for taxes. His own affidavit and your letter to Mr Lewis and his own of this date to you. The certificate of Barron Stuber is surely satisfactory evidence of service as Aid up to 1782 when the war was ended or nearly so.
The Certificate of Naturalization and receipt for taxes shew him a naturalized American Citizen.
And subsequent to that day could not be by possibility a foreign officer. But it is not
believed that he ever was at any time “a foreign officer”. He came to the country a lad of 17 years of age, was appointed a captain by resolve of Congress: He had never been a foreign officer or in
foreign service and became an American Citizen as soon as he arrived to manhood to wit 21 years of age. And was duly naturalized and as to all intents and purposes an American Citizen from that
day. And any acts or resolves of Congress relative to provision for foreign officers were all subsequent to his becoming an American Citizen and could not by possibility apply to his case who are not a
foreigner but American Citizen. Foreign officers it is believed were paid their commutation in gold or silver through the U.S. Banker in Paris.
But on an examination it will be found that Major Duponceau received his commutation in certificate drawing interest in precisely the same manner of any and all civilian officers.
Further Maj Duponceau will be found in the State department to have been under Secretary in the department of foreign affairs in 1782 & 3.
(See the records in that department.) I would respectfully ask if any other than an American Citizen would have been imployed in that capacity and in that department, then giving to a foreigner the discharging of all the secrets of the nation. Such surely would not have been done.
Again the secretary of the Treasury Mr Rush considered him not as a foreign officer but as an American officer. And with respect to an opinion given at a subsequent day by Mr Attorney General Taney: to wit that foreign officers were not intitled. This decision could have no possible reference to this of Maj Duponceau. It was not before him. His opinion was that foreign officers were not intitled.
It in no way conflicts with the decision of [illegible] Secretary Rush the

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and decided on Major Duponceau case deciding him to be an American
officer (for he had the law before him which provided that foreigners were
not entitled) The other decided in the case of foreigners is that
[underline] they were not entitled [end underline], such were those decisions. Should there yet
remain any doubts with the Commissioner it is a fit and proper
subject for the opinion of the Secretary of war and lastly for the
opinion of the Attorney general the [underline] Law Officer of the government [end underline] to decide upon a full investigation of the facts stated in
this case [strikethrough] and an examination of the resolves of Congress and
laws relative to the same whether Peter, S, Duponceau was in law
and fact a [underline] foreign [end underline] or an [underline] american officer [end underline] at the time those
resolutions and acts were passed

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City of Philadelphia 17th of April 1843
Sir

Enclosed is the application of Major Peter S. Duponceau for the difference between the pay of a Capt of Cavalry and a Capt of Infantry to
wit $120 per year from the 3nd of March 1826 when his pay under the act of 15th of May 1828 commenced
As I shall not be at home for some five or six days I have included the papers to you from here, I have to ask of you to take this case up at as early a day as convenient. I believe all the requisite papers are herewith enclosed Also on the first part of this I list is a memorandum of my own notation to the case and intended as a
part of the papers pertaining to the said Claim. You will do me the kindness to advise me at Washington City of your decision or if any thing further is required and oblige I am
Yours Respectfully
Henry Northup

Page 21

to The Honorable The Secretary of War
                        Of The United States
                                    Present 







May 6, 
1843

Letter from Henry Northup relative to Peter S. Duponceau's pension

Page 22

May 6,
1843

Letter from Henry Northup relative to Peter S. Duponceau's pension






To The Honorable The Secretary of War
Of The United States
Present

Page 23

Washington City 6th of May 1843 

Honorable Sir, 
Some days ago I asked an appeal from the decision of the Commission
of Pensions in the case of Major Peter S Duponceau a [underline] revolutionary officer  [end underline] asking the amount of full pay under the Act of Congress of the 15th of May 1828 of a [underline] Captain in the line [end underline] of the highest grade to wit $600 per annum instead of $480 per year the sum now awarded him under that act by Mr Rush The Secretary of The Treasury at that [illegible] 

I subsequently addressed a letter to you on the subject stating (as I believe not having a copy of that letter) The several Resolves of Congress affixing rank pay [strikethrough] &c of staff officers from those of a regiment up to those of the commander in chief with the rule of paying under the act of the 15th of May 1828 and of the 7th of June 1832 to wit all officers above the rank of Captain have been paid at the rate of a Captain of the line of the highest grade to wit $600 per year to Capts of artillery or cavalry while only $400 to Capts of Infantry per annum  And that [underline] Major Duponceau [end underline] having by the several Resolves of Congress referred to in said communication. The rank of major pay and imoluments of Major in the line has received only $480 per year instead of $600 per year to which he became intitled from the 3rd of March 1826 to the present day or during life. And also showing that he was not a [underline] foreign officer [end underline] but an American citizen and consequently an American officer.  All this I think I stated in my [underline] previous communication [end underline] Yesterday I called at the [underline] war office [end underline] when the chief clerk stated the papers had just been received from Mr. Edwards's office and would be submitted to you. He also by way of objection to my remarks of his being an [underline] American Citizen [end underline] and [underline] not a foreign officer [end underline] and therefore not coming under the restrictions of the Acts of 15th of May 1828 and of the 7th of June 1832 which restricts [underline] foreign officers [end underline] from the benefits of [underline] those Acts [end underline] replied that the Major Duponceau had been settled with as a foreign officer.

This sir I am not prepared to deny not knowing but in consequence of of that unlooked for objection. I have again troubled you with this communication relative to this claim and referring to the several Resolves of Congress relative to [underline] this subject [end underline] either as American or foreign officers commencing with the past action by congress in which the Act of [strikethrough] Congress of the 15th of May 1828 was predicated (then)
[begin strikethrough] 
See Resolves of Congress of the 3rd of October 1780 Journals of Congress Vol. 3rd pages 532 and 33, and again see
Resolution of the 21st of the same month Vol 3rd pages 538 & 9. The next clause
relates to foreign officers (thus).  See resolution of the 20th of April 1781 Vol 3rd page
613.
 This resolution provides how [underline] foreign officers [end underline] of [underline] Hazens Regiment [end underline] were to be settled with. And [underline] at this day [end underline] I will admit for  [underline] argument [end underline] sake that Peter. S. Duponceau was a [underline] foreign officer [end underline] although never having held a commission under any foreign potentate or in any foreign services whatever
But in August of this same year he ceased to become a [underline] foreign officer [end underline] but because in fact and in reality an American Citizen. In his certificate of naturalization and receipt for taxes. Next see resolution of 7th of July 1781 vol 3rd page 643.  further [underline] providing [end underline] for the settlement of the claims of the officers of [underline] Hazens Regiment [end underline] This was also while Peter S Duponceau [underline] under my admission [end underline] a [underline] foreign officer [end underline] but in August following he [underline] ceased [end underline] to be a [underline] foreign [end underline] officer and was in fact and reality from that day an American

Page 24

[underline] citizen [end underline] intitled to all the rights and privileges of such [strikethrough] in his certificate of [underline] naturalization [end underline] and [underline] Receipt for Taxes [end underline] - 

Next see Resolution of 31st of Decr 1781 Vol 3rd Pages 709-19 providing for the [underline] retirement [end underline] of all officers below the rank of [underline] Brigadier General [end underline] not belonging to the [underline] line of any state [end underline] as [underline] separate corps [end underline] and provides that a return all such officers [end underline] necessary to be retained shall be made by the [underline] 20th of January [end underline] next and that such as are [underline] not returned [end underline] shall be considered as retiring from Services on the 1st of January 1782. And especially provides for all the emoluments &c of any former Acts of Congress and recommends to the [underline] several states [end underline] respectively to settle the depreciation of [underline] all officers [end underline] that are inhabitants of their respective states and shall retire from service under the preceding resolutions in the same manner as they settled with the officers of the line of their state &c. And that the depreciation of “all officers of the line of the Army not being inhabitants of the United States nor belonging to the line of any state he settled with on the same scale by which the settlement was made with the officers and privates of  Col Hazens Regt”
And lastly see Resolution of Congress of the 21st of January 1782 Vol 3rd Page 713 &c giving a list of all officers not belonging to the line of any state or corps necessary to be retained which will  show that Maj Duponceau was one of the [underline] Retiring officers [end underline] on the Act of January 1782 under that Resolution of this very [illegible] and having been a Citizen of Pennsylvania from the preceding August was by the express provisions of this resolution of 31st of Dec 1787 intitled to be paid and settled by the state of [underline] Pennsylvania [end underline] But if it was not done and he was settled with as a foreign officer I [underline] would respectfully [end underline] ask if it [underline] plead his case [end underline]. Did he thereby loose any of his rights of citizenship, he might not have been known and probably was not by the accounting officers that he was then at the time of this resolution an [underline] American Citizen [end underline].  I have thus here quoted as I believe all the Resolutions of Congress which has any bearing upon this case. And I trust clearly shown from an examination of the same that Peter. S. Duponceau ceased in August 1781 to be a foreign officer [strikethrough] if this Resolution was at any time had any reference to those holding Commission from the American Congress and who had never held a Commission under any other government and that from that day had acquired [underlne] a right to be [end underline] settled with and paid in the same manner as any other [Strikethrough ‘American’] officer being an American Citizen. And as such he now asks for the difference of pay between the pay of a Capt of Infantry and a Capt of Artillery or of Cavalry from the 3rd of March 1838 in the same manner as it  was paid to all officers [underline] above the rank of Capt [end underline] 
As a further evidence of the citizenship of [underline] Peter. S. Duponceau [end underline] he was appointed under [underline] Secretary of Foreign Officers [end underline] in January or February 1782 and remained in that Capacity for a time not now recollected. Reference to the records in the state department will show  this - Surely no person would have been imployed in such a responsible station but an American citizen.

I have sir respectfully to ask of you that you will examine the case of this [underline] old officer [end underline] (now I believe the only one living within the state of Pennsylvania) and the several Resolutions by me quoted as to [underline] rank, pay, emoluments [end underline] &c together with those of a more recent date to wit from 3rd of October 1780 to the to 21st of January 1782 providing for the officers [underline] retiring [end underline] at any time as those serving to the end of the war as well as the Construction to be given to the true [underline] foreign officers [end underline] with its application in the case of Major

Page 25

Peter S. Duponceau I Remain Sir Yours Respectfully
Henry Northup
For Maj Duponceau

Page 26

Act - 1828
Settled at
Treasury
Consd with
Invalid file
#5371

Page 27

Revolutionary Claims

For the purpose of obtaining the benefits of an Act, entitled "An Act for the relief of certain Surviving Officers and Soldiers of the Revolution," approved on the 15th of May 1828. I, Peter Stephen Du Ponceau, of the City of Philadelphia, in the County of Philadelphia, in the State of Pennsylvania, do hereby declare that I was an Officer in the Revolutionary Army of the United States and entitled to the benefit of the resolve of Congess on the 21st of October 1780, and that I held the rank of Major in the said Service until the termination of the war.

And I also declare, that I afterwards receive certificates (commonly called commutation certificates), for a Sum equal to amount of five year's full pay; which sum was offered by the resolve of Congress, of the 22nd of March 1783, instead of the half pay for life to which I was entitled under the resolve of the 21st October 1780.

Witness my hand, this first day of August in the year of our Lord one thousand eight hundred and twenty eight.

Before me, the Hon. Richard Peters, Judge of the District Court of the United States, in and for the Eastern District of Pennsylvania, personally appeared this day Charles Jared Ingersoll & John Conard, Esquires bothe of the City of Philadelphia, who did severally make oath that Peter Stephen DuPonceau, by whom the foregoing declaration was Subscribed, is generally reputed and believed to have been an Officer in the Army of the Revolution, as therein Stated.  The said John Conard being one of the people called Quakers made his solemn affirmation instead of an Oath;

C.J. Ingersoll
John Conard

Witness my hand, this first day of August in the year of our Lord One thousand eight hundred and twenty eight.

Richard Peters

I, David Caldwell, Esq're Clerk of the District Court of the United States in and for the Eastern District of Pennsylvania, do hereby certify, that the Honorable Richard Peters, before whom the foregoing affidavits were sworn, was, at the time of receiving and attesting the same, Sole Judge

Page 28

of the said Court, and duly empowered to administer oaths.
In Testimony whereof, I have hereunto set my hand, and affixed the Seal of the said Court; this first day of August, in the year of our Lord one thousand eight hundred and twenty eight.
D. Caldwell  Clk. Dist. 6.

Page 29

of the said Court, and duly empowered to administer Oaths.
In Testimony whereof, I have hereunto set my hand, and affixed the Seal of the said Court; this first day of August, in the year of our Lord one thousand eight hundred and twenty eight.
D. Caldwell  Clk.  Dist. 6

Page 30

576 755.  763
No. of [illegible] past 576
REVOUTIONARY CLAIMS
TREASURY DEPARTMENT
Aug. 23. 1828.
Peter Stephen Du Ponceau of Philadelphia [crossed out: in the County of]
in the State of Penn'a
has applied to the Secretary
of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving
officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828.
He states that he was as an officer on the Continental line, and served as such to the end
of the war

at which period he was a Major in the -
regiment of the -
line; and that he received commutation certificates for the five years full pay granted by the resolve
of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March,
1826, nothing.
[crossed out: dollars, paid to him by the agent
in the State of]
The Third Auditor is requested to report how far these several statements are corroborated
by the records in his office.
By order of the Secretary,
A Dickins

TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
27th August 1828
It appears by the records in this office, that final settlement certificates have been issued for
the commutation of five years full pay to Peter S. Du Ponceau- Cap III
amounting to twenty four Hundred dollars
It further appears that Peter S. Du Ponceau is ^not now on the pension
list of any agency, and has ^not been since the 3d March
1826
[crossed out: At the rate of   per month]
It appears from the Book containing
The names of officers entitled to land, that Capt Du
Ponceau, was returned as a Foreign Officer
Peter Hagner Aud

[illegible]
Sec Loeffer D-p 1887

Page 31

March 30. 1842
No 35324
Peter S. DuPonceau
3 words scratched out
Act June 7. 1832

See letter Apl. 14. 1842
to Hon. J. C. Spencer
See wars

Vertically on paper shows:
James L. Edwards esq. }
Pension Commissioner
Washington City
D.C.
At the bottom upside down: Charles D.  Lewis

Page 32

Mar 30. 1842
No35324
Peter S. DuPonceau
[strikethrough - past due [illegible]]
Act June 7. 1832

See letter Apl. 14. 1842
to Hon. J. C. Spencer
See war

[Rotated 90 degrees]
James L. Edwards Esqr
Pension Commissioner
Washington City
D.C.

[Bottom upside down]
Charles D. Lewis

Page 33

[Top]
[signature] Charles D Lewis

[Opposite signature and upside down]
Mar 30. 1842
No35324
Peter S. Du Ponceau
[strikethrough - Past Due [illegible]]
Act June 7. 1832

[Signed lengthwise]
James L. Edwards Esqr
Pension Commissioner
Washington City
D.C.

Page 34

May 4 I1843
Henry Northup

Claim of Maj. Peter S Du Ponceau for increase of pension - Appeals from decision of Comm'r Pensions.
N 20. Rec May 5/48
Pension Office
The Honorable
The Secretary of War
Present

Peter Du Ponceau
pa

Page 35

Memorandom
Major Peter S Duponceau of the City of Philadelphia A Revolutionary officer has applied for the difference between the pay of a Captain of Cavalry
or Artillery and a Captain of Infantry, having by direction of the
then Secretary of the Treasury (Richard Rush) been placed on the list of
Revolutionary Officers drawing full pay for life under the Act of Congress
of 15th of May 1828 but at the rate of $480 pr year instead of $600 which it is
alledged he was entitled to on that act. He has subsequently applied
for this difference when his attorney was advised by the Commissioner of
Pensions that the claim was a good one and that he was entitled but that it
was necessary that he should make his application in due form by
affidavit (See the letter of Mr Edwards of April 1842 accompanying the
papers) He made the renewed application accompanied with his
affidavit. when all his papers were returned with a letter from the secretary of war to his agent or to him. that he the secretary did not feel at
Liberty to reverse the decision of his predecessor Mr Taney. to wit that his
case had already been decided by Mr Taney. When in truth and in
fact his case had never been before Mr Attorney General Taney.

Mr Attorney General Taney had decided that "foreign officers" 
were not intitled under the act of Congress of 15 May 1828 or 7th of
June 1832 This is admitted and has never been denied
But Major Peter S Du Ponceaus case has never been passed on and is
now open for adjudication to wit to decide whether he Peter S Du Ponceau
is in fact and reality agreeable to the spirit meaning and
intention of the law a foreign officer. This is the question and not
whether foreign officers are entitled. It is admitted that they are not
the Question is swiftly to decide what constitutes an american officer
or what constitutes a foreign officer.
Peter S Du Ponceau arrived in the US. in 1777 a youth of 17 years of
age in Feby 1778 he was appointed and commissioned a Captain
in the Army of the United States. He was appointed in the spring of
1778 by Major General Barron Steuben his Aid De Camp
and remained such untill the resolve of Congress of 31st of December
1781  In Journals of Congress vol 3 page 705 which provided that
a return should be made by [1?]6th Jany next of all officers below
the rank of Brigadiere general not belonging to the Line of any
State necessary to be retained and all such not returned were to be
considered as retiring officers on the 1st of January 1782 and intitled
to all the pay and emoluments of other retiring officers, see this
list thus returned at vol. 3rd page 713 and it will be found that Major
Peter S Duponceaus name is not on the list of those returned, hence
he became under these resolves a returning officer and entitled to
all the pay and emoluments of such which were subsequently revised
After becoming a retiring officer as the 1st of January

Page 36

he was appointed Under Secretary of foreign affairs and remained in
this situation untill after the close of the war. This latter service with
applicant is presumed by the records of the State Department  [wit?.. illegible... ] the services
of Major Peter S. Duponceau, who came to the Country a youth
of 17 years of age in 1777 never at any time holding any foreign
office. Therefore could not by possibility be denominated "a foreign
officer".  but to set caviling at rest Capt Peter S. Duponceau took the necessary Oath agreeable to the laws of Pennsylvania for naturalization, in the City of Philadelphia in the month of August 1781
and his Certificate of naturalization and receipt partaken at that
day are on file with his application for this increased annuity
These two years and three months before the close of the revolution
and proclamation of Peace, Peter S Duponceau was in fact and reality
american Citizen both in law and in fact and at
the adoption of the Constitution in 1789 Peter S Duponceau was
eligible to a seat in the house of Representatives of the Congress
of the United States, In Constitution of the United States Article
1st 2nd Section and claim providing for the Qualification of Repsentatives in Congress, and this man who was a naturalized American
Citizen in August 1781, and who had never held a foreign commision
to be in former service is now denied the Benefits of those acts
on the ground that foreign officers are not intitled
It is respectfully refered to the Secretary of war to decide whether this
Revolutionary Officer comes under the denomination of a foreign
officer he is in fact and in reality an Americian Officer being for
more than two years before the close of the Revolution a naturalized
Americian Citizen. Or should doubts exist that the case may
be refered to the Attorney General the law officer of the government
for his opinion

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Washington City 4th of May 1843
Honorable sir 
The Claim of Major Peter S Duponceau ^of the City of Philadelphia has been forwarded
to the Commissioner of Pensions for an increased annuity as pension
which on his first application was promptly admitted that he was
intitled but some little formality was required to wit his affidavit
which when furnished all his papers were sent back to him on the
Alledged ground that "foreign officer", were not intitled an
appeal has therefore have asked to you on the attorney general to
decide whether Peter S Duponceau was a foreign officer or not.
On the preceding pages is a memorandum of his services the
the resolves and acts of Congress bearing on his case.  The papers
are all now before you I expect having requested the Commissioner
some two or three days ago to lay the papers before you for
yours and the Attorney General's opinion as to this case whether 
it is one provided he be excluded by the law to wit whether Peter S Duponceau is a foreign officer or not
I remain sir
Yours Respectfully
Henry Northup

Page 38

Pension Office
May 6, 1863

Commr. of Pensions
Report in the case of
Capt. Peter S. Du Ponceau

Page 39

Pension Office,
May 6, 1843.

Sir,
In the case of Captain Peter S. Duponceau, referred to in the enclosed letter from W. H Northup, I make the following report:
In August 1829, Captain P.S. DuPonceau was placed on the pension list as a Captain at $480 per annum; but the allowance was contrary to law, as Captain DuPonceau was a Foreign Officer, and the law precluded those officers from its benefits. Why the Secretary of the Treasury allowed the claim I am unable to determine. In April 1842, a claim was presented on behalf of Captain Du Ponceau for higher pay under the act of June 7, 1832. I rejected the claim, because Foreign Officers are not provided for by the act of 1832. Upon my report on the case the Secretary of War made the following remarks: "The case is doubtful, and while I cannot allow the claim under the act of 1832, I am indisposed to disturb the decision of the Secretary of the Treasury. (signed) J.C. Spencer". A new claim is now set up under the act of 1828 for additional pay on account of his service as Aid-de-Camp to Baron Steuben; but the claim cannot be allowed for the reason already given. The only questions in this case are simply these: Shall the record upon which he is styled, and very properly too, a Foreign Officer, be taken as proof, or shall the assertion of W. Northup that he was not a Foreign Officer, be deemed sufficient to invalidate the record.
I have the honor to be,
Very respectfully
Your Obt. Servt.
J. L. Edwards

Hon. James M. Porter
Secretary of War.

Page 40

Pension Office
May 9. 1843
Comm of Pensions
Report in the case of
Capt. Peter S. Du Ponceau.
claim allowed by Sec. War
Issue a certificate under act
of June 7. 1832 to Peter S
Du Ponceau, Captain &
aid-de-Camp U.S. Army.
$600 per annum
Philadelphia Agency
[Manicule] Deduct payments under
act 15 May 1828 & drop
his name from that roll &
notify agent. Send cert:
to H. Northup, Present

Page 41

Pension Office
May 9 1843

Sir,
I herewith enclose the letter of Captain Peter S. Du Ponceau in relation to his claim as an Aid-de-Camp to Baron Steuben, under the act of June 7, 1832.

The difference between the case of Major William Popham and that of Capt. Du Ponceau is this. Major Popham was Major of Brigade and Aide de Damp to General James Clinton; and the case was clearly provided for by law, and he has been pensioned as an Aid-de-Camp under the law of 1832.  Captain Du Ponceau is returned as a Foreign Officer, and as the act of 1832 does not provide for Foreign Officers, he cannot receive the benefits of that law. The enclosed note signed by the Clerk of the Bounty Land Bureau of this Office shows that he received Land as a Foreign Officer. If Captain Du Ponceau preferred to have his commutation pay in a certificate of funded debt, it did not make him an American Officer. The character of his service was still the same.  He did not belong to the line of the Army; but was born in a foreign country and classed with Foreign Officers; and could not be considered as an American Officer.

                                           I have the honor to be,
                                               Very respectfully,
                                                    Your Obet. Servt,
                                                            J. L. Edwards

Hon. James M. Porter
Secretary of War.

Page 42

Affidavit

Page 43

State of Pennsylvania
City and County of Philadelphia 

Before me the Honorable John B. Gibson, Chief Justice of the Supreme court of the Commonwealth of Pennsylvania personally appeared Peter L. Du Ponceau Esquire to me well known and made oath in due form of law as follows, vis

That he was an officer in the army of the Revolution in the continental line, having been appointed to the rank of Captain on the 18th of February 1778 under a resolution of Congress of that date.  That he continued to hold the said rank until the army was finally dissolved. That from the said 18th of February 1778 until the year 1782 (as appears by the certificate of Baron Steuben on the files of the department) he performed the duties of aide de camp and military secretary. That he received the pay of a captain in the line, but can not at this late day distinctly recollect whether or not he received the additional pay of $24 per month to which he was entitled for the services above set forth.

Peter S Du Ponceau
Sworn to this 7th day of April 1842 before me John B Gibson

Page 44

I, Joseph S. Cohen Prothonotary of the Supreme Court of Pennsylvania for the Eastern District do hereby certify that the Honorable John Bannister Gibson before whom the within affidavit was taken was at the time of taking the same and and now is Chief Justice of the Supreme Court of Pennsylvania to whose acts as such full faith and credit are and ought to be given.

In testimony whereof I have hereunto subscribed my name and affixed the Seal of the said Supreme Court at Philadelphia this seventh day of April AD. One thousand eight hundred and forty two.

J Simon Cohen
Proty

Page 45

The Honorable
The Secretary of
War
Present

Page 46

Washington City 10th of May 1845
Honorable Sir I asked an appeal to you in the case of Peter S Du ponceau claiming that he was an american and not a foreign officer
I have this day been informed by the person who passed on his claim
when he applied for the benefits of the act of 15th of May 1828 that
at that time it was shewn that he was settled with and paid at the
Close of the war as an american officer and not as a foreign officer
and that this evidence is now on file in the Registers office
This is a subject I know nothing of neither do I now only as that
day informed by the officer who at that day passed on the
claim. I therefore have to ask that you will should any doubts exist cause an examination to be made at the proper office to see
the character of this emolument
I remain sir
yours respectfully
Henry Northup

Page 47

In the matter of the application of Peter S. Duponceau, Esq. for and increase of Pension. 

It appears that on the 18th February 1778, Congress adopted the following resolution 

"This  Mons. De Pontine be appointed a Captain of Horse by level and that Monsieur de Ponceaux Secretary to the Baron Steuben have the level rank of a Captain in the Army of the United States." 

Baron Steuben under the date of 21st March 1782, certifies that "Captain Peter S. Duponceau has served in the Army of the United States of North America, as my Aid de Camp and Secretary since the year 1777," and a complimentary paragraph as to the manner in which he had discharged his duties. 

It thus appears that Mr. Duponceau, although a foreigner by birth was "An American Officer," that is and Officer in the Army of the United States deriving his commission and rank from the Government of the United States, and there is no evidence of his ever having held a commission in any foreign service.  

The circumstance of his being afterwards styled on some of the records a foreign officer could not change his service the proof of which is furnished in the aforesaid resolution of Congress. 

He is therefore not to be considered as a foreign but as an American

Page 48

officer and according to the rule laid down in Major Popham's case and acted upon in many others that his situation as Aid de Camp gave him the rank &c of Major. He is entitled to the increase of Pension provided for the act of 1832.
War Department May 11th 1843
J.M. Porter
The foregoing is copied from the original on file with decisions of the Secretary of War
J.L.E.

Page 49

Copy

Treasury Department
Third Auditor's Office
27th August, 1828

It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Peter Du Ponceau, Capt. amounting to Twenty four Hundred dollars.  It further appears that Peter S Du Ponceau is not now on the pension list of any agency, and has not been since the 3rd March, 1826.
It appears from the Book containing the names of Officers entitled to land, that Capt. Du Ponceau, was returned as a Foreign Officer.

Signed, Peter Hagner, Aud.

Page 50

Copy

Treasury Department
Register's Office Sep. 2nd 1828

     I certify that I have examined the Books of this office.  I find that major Stephen Du Ponceau, Aid de Camp to Major General Baron Steuben, was settled with by the late Board of Treasury, as an American and not as a foreign Officer.

Signed, Joseph Nourse, Reg.

Page 51

[This is an envelope scanned length wise and states the following:
Across vertically:  ]April 13. 1842

[Horizontally:] James L. Edwards Esq
Commissioner of Pensions
Washington City

Page 52

Apl 13. 1842
James L. Edwards Esq
Comm. of Pensions
War Department

Page 53

Sir,
I have examined the records in this office in reference to revolutionary services, and find that neither the name of Peter S. Du Ponceau, or that of Stephen Du Ponceau is in the list of Foreign Officers, to whom payments were made by the Bankers of the United States in Pary.

I am respectfully Sir your Ob. Ser Michl Nourse


James L Edward’s Esqr
Comms.

Page 54

April 9 1842
Peter S Du Ponceau

Page 55

Washington April 9th 1842

James L Edwards Esq
Commissioner of Pensions
Sir
I enclose an affidavit of Major
Peter S Du Ponceau to support his claim 
for Pension under the Act of
Congress of 7th June 1832. I was not aware 
that the regulations of your Department required anything more than a simple affidavit stating his services or I would have complied with them.
I am sir
Very Respectfully
YOur Obd’t Serv’t
C. D. Lewis

Page 56

War Department. 
Revolutionary Claim.

I certify that in conformity with the law of the United States, of the 7th June, 1832, [handwritten] Peter S. DuPonceau of the State of Pennsylvania [end handwritten] who was a [handwritten] Captain and Aid-de-Camp in the War of the Revolution [end handwritten] is entitled to receive [handwritten] Six Hundred [end handwritten] dollars [crossed out] and --- cents [end crossed out] per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March and 4th of September, in every year. [handwritten] Peter S. DuPonceau received a pension of $480 per annum under the act of May 15, 1828, which payments ^ from and after the 6th March 1831 are to be deducted. [end handwritten]
Given at the War Office of the United States, this [handwritten] twelfth [end handwritten] day of [handwritten] May [end handwritten] one thousand eight hundred and [crossed-out] thirty [end crossed-out] [handwritten] forty-three. [end handwritten]

Secretary of War.

Examined and Countersigned.

Commissioner of Pensions.

Page 57

Sec, War
9. May 1843

Page 58

Pension Office
May 9. 1843

Sir,

I hereinth enclose the letter of Captain Peter S Du Ponceau in relation to his claim as an Aid-de-camp to Baron Steuben, under the act of June 7. 1832.
The difference between the case of Major William Popham and that of Captain Du Ponceau is this. Major Popham was Major of Brigade and Aid-de-Camp to [strikethrough] Gene. James Clinton; and the case was clearly provided for by law, and he has been ^pensioned as an Aide under the law of 1832. Captain Du Ponceau is returned as a Foreign Officer, and as the act of 1832 does not provide for Foreign Officers, he cannot receive the benefit of that law. The enclosed note signed by the Clerk of the Bounty Land Bureau of this Office shows that he received Land as a Foreign Officer. If Captain Du Ponceau preferred to have his commutation pay in a certificate of funded debt, it did not make him an American Officer. The character of his service was still the same. He did not belong to the line of the Army; but was [strikethrough] ^born in a foreign country and classed with Foreign Officers; and could not be considered as an American Officer.
I have the honor
Hon James M. Porter
Secretary of War

Page 59

Philada May 8 43
Peter S. Duponceau
about his claim for an
increase of pension.
D C. Rec May 9 '43
Pension Office

Page 60

Philadelphia 8th May. 1843.

Sir,

I am informed by my agent Mr Henry Northrop of the city of Washington, that a claim of mine for an addition to the pay I now receive as a revolutionary officer under the act of Congress of 1828 has been transmitted to you by Mr. Edwards the commissioner of pensions for your decision. This addition if I am rightly informed, has been under the construction adopted by the war department of the act aforesaid and the subsequent one of 1832 to Major William Popham of the city of New York, who like me during the revolutionary war was aid de camp to Major General Baron Steuben, and since that time to many other officers similarly circumstanced. 
I can see no difference between my case and that of Major Popham, and I cannot forsee any reasonable objection that can be made to it.  It is possible however that my foreign sounding name may lead to a belief that I am one of those foreign officers who are excluded from the benefit of the acts above mentioned; but I hope that when it is considered that I never was in any foreign service; that I came to this country a  private individual; and a minor, that as soon as I became of full age and could lawfully adopt a country to wit in the year 1781, I became by naturalization a citizen of Pennsylvania, and have continued so to this day, that while the war was raging, I voted at elections, and exercised all the rights of a citizen, and when peace was made in 1783, I was among those whom Great Britain acknowledged and recognized as citizens of this great and independent nation; when it is also considered that after the peace I did not

Page 61

participate in any of the advantages which you granted to those who were properly called foreign officers, but that like the nature of American officers, I received my pay in continental money, and my commutation in certificates then considered as worthless, and which did not become valuable until many years afterwards by a change in our form of government, which few expected; when all these things I say, are considered, I am persuaded that I shall not be classed among those whom Congress meant to exclude from the benefit of the acts above mentioned. If any doubt however should arise in your mind upon that point, my agent is in possession of documents that will fully prove the truth of the facts which I have taken the liberty to state to you, which just in 1838 were considered by the department of the treasury to entitle me to the pay which I now enjoy, and have enjoyed during 15 years without the least opposition.

It is impossible for me to forsee what other objections might be made to my present claim.  Indeed I do not think that any one can be offered. If however you should find any difficulty in deciding in favor of my present claim, I hope from your love of justice that the difficulties such as they may be, will be made known to me through my agent, and that I shall have an opportunity of being heard in my defence

I beg you will excuse the liberty I take of addressing you on this subject, and not attribute to want of respect that this letter is not written in my own hand; the weakness of my sight obliges me to make use of that of an other person.

I have the honor to be, with the highest consideration and respect Sir.

Your most obedient humble servant,

Peter S. Du Ponceau

Honorable James Madison Porter
Secretary of War.

Page 62

Richard Rush, Esqr
2 Sep. 1828
Recd 4th.

Page 63

Revolutionary Claims

Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.

Treasury Department
2 September 1828

Your claim, under the abovementioned act, having been examined, you are found to be entitled to the pay of a Captain of Infantry in the Continental Line. The amount which may be due, accordingly, will be remitted by the Treasurer of the United States, to the attorney whom you have authorized to receive it.

I am, sir, very respectfully,
Your obedient servant,

Richard Rush

P S. Du Ponceau Esq.