Revolutionary War Pension and Bounty Land Warrant Application File W. 8084, for Edmund Read, Virginia

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(3-1776)
SERVICE                                        NUMBER
Read, Edmund or Edmond             W. 8084.
LeGrand, Paulina
(Former widow.)
CONTENTS

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Virginia 6907
Paulina Legrand, formerly
widow of Edmund Read,
who was a pensioner under the Act of     
and who died on the 28" December 1802 
of Charlotte in the State of Virginia
who was a Captain in the Company commanded by Captain    , of the Regt. Commanded by       in the Virginia line for 2 years
Inscribed on the Roll of Richmond at the rate of 600 Dollars     Cents per annum to commence on the 4th day of March 1836
Certificate of Pension issued the 15 day of Decemb 1842, and sent to Thos Green Esqr 
Richmond, Va
Arrears to the 4th of March 1841 Semi-annual allowance ending
Act 25 Augt. '49
$3000
Act July 7, 1838.
Recorded by Fred: S Moody Clerk.
Book A vol. 2 Page 179
Reposted
Letter to Thomas Green 27 June 1843

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X  3458
Paulina Legrand
formerly widow of 
Capt. Edmund Read
Va
Act of 7. July '38-
& 23 Aug '42 -
vid- original a/c of pay as Capt. of Cavalry from 15 Aug 79 to 31 Dec. 1787
ADMD
2 yrs Capt. Cavalry
$600
W6.  Revis
HR
Tho. Green Richmond Va

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In the Clerks office of the County Court of Amherst
State of Virginia
Know all men by these presents that we Edmund Read and William Cabell Jr. are held and firmly bound unto Benjamin Harrison Esqr. Governor of Virginia in the sum of Fifty Pounds current money, to be paid to our said Governor and his successors, To which payment will and truly to be made - we bond ourselves, our heirs, executors and administrators, Jointly & severally firmly by these presents, Sealed with our seals and dated this thirteenth day of September, Seventeen hundred and Eighty two.-
The condition of the above obligation is such that whereas there is a marriage sincerely intended to be solemnized between the above bound Edmund Read and Paulina Cabell (Spinster, daughter of William Cabell Eqr. oof the County of Amherst, - If therefore there be no Lawful Cause to obstruct the same, then this obligation to be void, due to remain in full force.
Sealed and Delivered in presence of M Carrington
E Read     seal (circled)
Will Cabell Jr.    seal (circled 
I Samuel de Garland Clerk of the County Court of Amherst in the State of Virginia, do hereby certify that the above is a true copy of an original marriage bond filed in this office, with this exception, that in the original bond, the date is thus inserted in figures - "13th day of September 1782" - and in the copy above given the date is inserted in words as follows "thirteenth day of September, Seventeen hundred and Eighty one"- I further certify that at that day no regular register of marriages was kept in this office, and that the best and perhaps at that day the only evidence furnished by this office of marriages is to be derived from the marriage bond. - Given under my hand this 28th day of April 1838.  & in the 62nd year of the Commonwealth.
Sam. M. Garland Clk.
I Sam. M. Garland above maniet. deposed say, that I hold the office of Clerk of the County Court of Amherst State of Virginia, and that the above is a true extract from the records of the same touching said marriage bond, with the exception above named as certified by me. 
Sam M. Garland Clk
Sworn before me     Ed. A Cabell Justice of the Peace -

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I Samuel M. Garland Clerk of the Court of the County of Amherst, State of Virginia, do hereby certify that Ed A Cabell is a magistrate duly commissioned for the County aforesaid, that full faith and credit are due to his official acts, and that the foregoing signature purporting to be his is genuine, In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 28th day of April 1838
Sam M Garland 
State of Virginia   }
County of Charlotte } SS.
On the 7th day of May 1838 personally appeared before this Court of the said County Paulina Legrand a resident of the said County of Charlotte and State of Virginia aged about seventy two years (the family record of her age being lost or mislaid she is not able too speak with more precision) who being first duly sworn, according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by act of Congress passed 4th July 1836, and the act explanatory of said act passed March 3d. 1837: That she was married to Capt. Edmund Read, with whose military services, she is not personally acquainted, but that she is informed, it will appear from the rolls of the regular troops, now in the War department, that the said Edmund Read was a Lieutenant in Capt. Brents company of the 4th Virginia Regiment on Continental establishment, which office it appears from a document hereunto submitted, he resigned ono the 4th day of July 1777: That it will also appear from the rolls of the State troops in Virginia now in the war Department, and from sundry documents heretofore submitted by herself to the said Department in support of her claim for half pay as devisee of the said Edmund Read (which said claim was duly allowed and paid ono or about the 12th of January 1833) that shortly after the above - mentioned resignation, on the organization of Major Nelson's corps of State

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Cavalry of Virginia, the said Edmund Read was duly commissioned as a Captain in the said Corps; that he continued to serve in said corps until it was resolved into Dabneys Legion and that then after he was a supernumerary Officer to the end of the war: That she refers to the documents heretofore submitted in support of his claim for half-pay as decision aforesaid, which was allowed & paid as aforesaid, for the establishment of such facts as are material to the present claim, and as affording a reason for the said documents not being at present in her possession. She here presents to the Court Sundry other papers in relation to the services of the said Edmund Read: This declarant further states: That the said Edmund Read always resided in the County of charlotte aforesaid: That she was married to the said Edmund Read about the middle of the month of September in the year seventeen hundred and eighty two (the precise day of the month she is unable to state by reason of ^loss the family record aforesaid): that her husband the aforesaid Edmund Read died no the 28th day of December 1802 leaving no space, that she was afterward married to the Revd. Nash Lagrand who died on the     day of October 1814; That she was a widow on the 4th July 1836, and still remained a widow, as will more fully appear by reference to the proof hereto annexed. Sworn to and subscribed the day & year aforesaid first above mentioned.
Paulina LeGrand
And at the Court aforesaid and on the day and year first above mentioned, Clement Carrington being first duly sworn according to saw deposeth and Saith, That he was an Ensign in Col. Lees legion during the Revolutionary War, that on his return from the service in the month of February in the year seventeen hundred and eighty three (1783.) Capt Edmund Read and Paulina Cabell the persons mentioned in the marriage - license bond, certified by the Clerk of Amherst County and hereto annexed, had before that time been married, that the said Edmund Read is the same person, who he always understood was a Lieutenant in

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Capt. Brents company of the 4th Virginia Regiment, and afterwards a Captain in Major Nelson's corps of Virginia State Cavalry; That the said Edmund Read departed this life many years since: That his widow the said Paulina, afterwards intermarried with the Revd. Nash Legrand who also departed this life many years since, and that the said Paulina was a widow on the 4th day of July 1836 and still remains a widow. This deponent further saith that the Paulina Legrand who has made the declaration hereto annexed, is the same person (with crossed out) Paulina Cabell mentioned in the marriage - license bond aforesaid and was previous to February 1783 had been married to Capt Edmund Read aforesaid.
Sworn to and subscribed the day & year first above mentioned.
Clement Carrington
And the said Court do hereby declare their opinion that the above named Edmund Read was a Revolutionary soldier and service as the declarant Paulina Legrand has stated. The Court further declares that Clement Carrington is a credible witness, and that full faith may be reposed in his statements.
I Winslow Robinson clerk of the County Court of Charlotte, State of Virginia do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Paulina Legrand for a pension.
I further certify that the said Paulina Legrand acknowledged before the said court, that she had signed and enacted the Power of Attorney hereto annexed, constituting William C. Rives her lawful Attorney as therein stated. 
In testimony whereof I have hereunto set my hand and sela of office this 7th day of May in the year 1838
Winslow Robinson C

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Know all men by these presents, that I Paulina Legrand of charlotte County State of Virginia, widow oof Capt. Edmund Read decd. do hereby constitute and appoint William C. River my lawful attorney to receive from the proper officer of the United States at the city of Washington, all pensions and arrears oof pensions which may be due me as widow aforesaid, under the act of Congress passed July 4th 1836 and the act explanatory of said act passed March 3d, 1837.
Witness my hand and seal this 7th day of May 1838
Paulina LeGrand     seal (circled)
Signed sealed & delivered in presence of Henry Carrington and acknowledged before the Court of charlotte county
District of Columbia}
County}  SS
BE it known that on the    day of 1838 before the subscriber a Justice of the Peace in and for the the (sic) said County, personally appeared William C. River the Attorney named in the foregoing power of Attorney and made oath that the same was given him by reason of any sale, transfer or mortgage of the pension or arrears of pension therein authorized to received by him.
Sorn to and subscribed the day and year last above mentioned 
L.P.

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Mrs. LeGrand
Pension

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State of Virginia}
Charlotte County}  SS.
Be it known that before me Isaac C. Carrington a Justice of the Peace for the county and State aforesaid personally appeared Henry Carrington of said County and made oath in due form of law that he is the Executor of Mrs. Paulina Legrand, the identical person who was a pensioner under the Acts of Congress of 7th July 1838, 23 August 1842 and 3d of March 1843, and who is now dead, and to whom a certificate of Pension was issued under said acts at the rate of $600. per annum, for five years and for one year - That the deceased pensioner resided in Charlotte county, in the State of Virginia, for the span of sixty two years before her death, and that previous thereto she resided in Amherst, now Nelson County Virginia. That the said Mrs. Paulina LeGrand died int he County of Charlotte on the fifth day of February 1845 leaving no child, but leaving the Affiant her Executor - that Edmund Read the former husband of Mrs. Paulina LaGrand the aforesaid Pensioner, and for whose service in the Army of the Revolution, the above mentioned  [illegible] of $600 per Annum was made to the said Mrs. Paulina LeGrand under the Acts of the 7th July 1838, 23d August 1842 and 3d March ^1846 died in Charlotte County State of Virginia in the month of December 1802 - That she afterward married the Revd. Nash LeGrand who subsequently died, and she remained his widow until her death on the fifth of February 1845 - That the said Mrs. Paulina LeGrand endeavoured to obtain the Pension granted by the Act of Congress of 17th June 1844, but was informed that no appropriation had been made for the payment of such pension, and that she died without having received the same  This Affiant has qualified as her executor, and makes this application in order to obtain the Pension at the rate of $600 per Annum from the 4th March 1844 to 5th February 1845. Henry Carrington
Sworn & subscribed before me, a Justice of the Peace for the County & State first above mentioned, this 17th day of April 1845. Isaac C. Carrington JP

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Circuit superior Court of Law & Chancery for the Courts of Charlotte, April 17th 1845 - Judge William Leigh Presiding.
It appearing to the satisfaction of the Court, it is ordered too be certified that Mrs. Paulina LeGrand former widow of Captain Edmund Read died in this County on the fifth day of February last, leaving no child, but a last Will and Testament in which she supported Henry Carrington her Executor and that he on the 3d day of March 1845 in the County court of this County qualified as such, in due form of Law: The Court doth further Certify that the Said Paulina LeGrand was the identical person of that name, who was a pensioner as the widow of Capt. Edmund Read at the rate of $600. per annum. and also that it appears from the statement on oath of Henry Carrington Executor as aforesaid, that due Search & inquiry having been made for the same, the Pension certificate of the said Paulina LeGrand cannot be found.
State of Virginia}
Charlotte County} S.S. 
I Winslow Robinson clerk of the Circuit Superior Court of Law & Chancery for the county of Charlotte and State of Virginia do hereby certify that the foregoing, is a true copy of the records of said Court, and that Isaac C. Carrington who has signed the foregoing Certificate is a Justice of said County duly commissioned and qualified according to law, and the signature purporting to be his is genuine.
In testimony whereof I have hereto set my hand and affixed the seal of said Court this 18th day of April 1845
Winslow Robinson C.C.

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In reply to your request of      , received      for a statement of the military history of Edmund Read a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in (his (or crossed out) his widow's) application for pension on file in this Bureau.  wid file 8084
(table with Columnar headings)
Dates of enlistment or appointment.
-
resigned July 5, 1777 & reenlisted
June 26 79

Length of Service.
(checkmark)
(checkmark)

Rank.
Lieut.
Capt.
[illegible]

Officers under whomo service was rendered.
Captain.
Brent
-
(no particulars)

Colonel.
Maj. John Nelsons
Cav. Corps

State
of Va.
Va.

Battles engaged in, (checkmark)
Residence of soldier at enlistment. Charlotte Co., Va.
Date of application for pension, May 7, 1838,
Residence at date of application, Charlotte, Co. Va.
Age at date of application, 72
Remarks: Sol. [illegible] Sept. 1782, Paulina Dau. of W. Cabell Esqr. He died ^Charlotte Co. Va. Dec. 28, 1802 she marr. Rev. Nash LeGrand who died Oct.   1814, Wid. died Feby 5 1845 There were no children
Very respectfully
-

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This is to Certify, That it appears frmo a list in this office of such Officers and Soldiers of the Virginia State - Line as settled their accounts and received certificates for the balance of their Full Pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (see Hening's Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 5th day of December 1784 in the name of Edmund Read as Captain and evidence oof the indebtedness of the State to him for (pound sign) 56.-5 -4- delivered to himself but as the original settlements of copies thereof are not to be found in this office, the term of service embraced therein cannot be stated.
Given under my hand at the First Auditor's Office, Richmond, this thirty first day of March  1854-
Ro Johnston
First Auditor
[No Seal of Office.]
over

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This is to certify that in reference to "A List of State and Navy officers who have received certificates for one and two years service on account, "agreeable to Act of assembly passed September Session 1781" on file in this office, it appears, that on the 26 February 1782, Certificates or a certificate was issued in the name of Edmund Read Capt. and for £ 216 - delivered to himself. Given under my hand in the Auditors office Richmond Virginia, this 31 March 1831
Ro Johnston
First Auditor

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Col. Hubard:

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The Commr. Pensions says, that if any question of construction of the Act of 19th June 1840 is presented, the Secretary of War would be willing to refer the same, with the argument in its support to the Attorney General. I accepted the proposal & present the following questions:
1st Does not the Act of 1829, Chap. 25, Sect. 2. apply to the case of deceased female pensioner, as well as male pensioners?
2d. Is the above act & Section repealed by the act of June 19th 1840t and does not this last act apply solely to the cases of pensioners dying & leaving children?
3d. Do not the following expressions in Act June 19th, 1840, "and same shall ^not be considered ^assets of said estate, nor be liable to the payment of the death of said estate in any case whatever" have relation, solely, to the arrears of Pensions received by Exors & Adms. for the benefit of children oof deceased pensioners?
For argument I refer to my petition & to my letter of this date-
H. Carrington
Exc. of P. LeGrand, Dc.d.
6th Jany 1846
Col. Hubard

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Please enter in 1838 Book the case of H. Carrington Sent herewith.

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H. Carrington
Executors
P. LeGrand wid
There a cert: payable at Washington for H. Carrington, executor & of Paulina LeGrand for $300
Office of House of Reps U.S. 
J. L. Edwards Esqr.
Commissioner of Pensions
Sent at to Hon. E. C. Cabell
Present 
Clk H of Reps
Rejected X
Let. to Hon. Wm. C. River 12 May 38
" H. Carrington Aug. 9 1838

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I make this allegation ono the authority of the commissioner of Pensions - whose acquaintance with pension laws under it almost certain that he is not mistaken as to the fact.
W. L. Murcy:

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By the Secy. of War
I have considered this case to depend upon the act of 1840. 2 Sec. the act of 1829tf was passed, there was no law allowing pensions to widows of revolutionary officers & soldiers
(over)

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I make this allegation on the authority of the commissioner of Pensions - whose acquaintance with pension laws under it almost certain that he is not mistaken as to the fact.
W. L. Marcy

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An Act 
For the relief of H. Carrington, executor of Paulina Le Grand.
deceased.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized and required to pay to H. Carrington, executor of the last will of Paulina Le Grand, deceased the half yearly pension of three hundred dollars, which was due and owing to the said Paulina in September anno Domini eighteen hundred and forty-four: and which pension was duly demanded by the said Paulina in her lifetime, but not paid, because the necessary appropriation had not been made.
approved March 3d 1849
Department of State March 22 1849
The above is a true copy of the original roll
R. S. Derrick,
C.C.

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29th Congress,
2d. Session.
Rep. No. 66. 
Ho. oof Reps.
H. CARRINGTNO, EXECUTOR OF PAULINA LEGRAND
February 17, 1847.
Read, and laid upon the table.
Mr. Atkinson, from the Committee on Revolutionary Pensions, made the following 
REPORT:
The Committee on Revolutionary Pensions have, according to order, had under their consideration the petition of H. Carrington, executor of Mrs. Paulin Legrand, deceased, and respectfully make the following report:
It appears to your committee that the deceased was the widow of Captain Edmond Reid, of Major Nelson's corps of Virginia State cavalry in the revolutionary war. She was placed on the pension list at the rate of $600 per annum, which was fully paid to her up to the -- day of March, 1844. She died on the 5th of February, 1845, having previously, during the autumn of 1844, made regular application at the pension office at Richmond, in the State of Virginia, for the semi-annual instalment (installment) of $300, which fell due in September of that year, payment of which was refused, because Congress had not made appropriations for the payment of pension of that year. The said Paulina Legrand died on the 5th of February, 1845, leaving no children, having first made her last will and testament, which was duly proved according to the laws of Virginia, and the petitioner, Henry Carrington, qualified as her executor.
The executor presented to the Commissioner of Pensions a claim for the arrears of pension from the 00 day of March, 1844, to the 5th of February, 1845, when the female pensioner died. This claim was disallowed by the Commissioner of Pensions; and the judgment of that officer being unsatisfactory to the executor, an appeal was taken to the Attorney General, who gave a lucid, and in the opinion of this committee a just and proper decision, adverse to the claim of the petitioner, and fully sustaining the views of the Commissioner of Pensions; and now the executor invokes the aid of Congress. 
The question, then, for the committee, is, whether the words of the spirit of the acts of Congress now in force require the interposition of the legislature to overrule the judgment of the Commissionoer.
A pension, by the force of the term, is a public gratuity, not a debt, and is designed to be a personal benefit for some peculiar merit, and cannot, upon any principle of right, be made to extend beyond the object for which is was clearly intended. The several pension laws passed previous to the act of the 19th of June, 1840, made no provision for the payment of arrears of pensions due to female pensioner: and the act of 1840, un-
Ritchie & Heiss, print.

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2      Rep. No. 66.
der which alone arrears of females' pensions are disposed of, declares that "in case of the death of any pensioner, whether male of female, leaving children, the amount of pension may be paid to any one or each of them, was they may prefer, without the intervention of an administrator."  The act of Congress passed in 1829 is relied on by the petitioner as conclusive in his favor, but your committee cannot see that the provisions of that act touch the case under consideration.  The act of 1829, to which the petitioner refers, applies exclusively to the case of the death of a revolutionary pensioner, and in such event the arrears of pension due the deceased shall be paid to the widow, or if she be dead, to the children of the pensioner, or to their guardian or his attorney; and if no child or children, then to the legal representative of the deceased. This act was not designed to dispose of any arrears of pension due to a female pensioner, because upon the death the money in arrear was to be paid to the widow first, &d.; conclusively showing that it provided alone for the case of a revolutionary pensioner; and not the widow who had been pensioned, and died. The act of 1840 shows that Congress did not, when passing it, consider that there was then any law providing for the disposition of arrears of pension due a female pensioner can be claimed, it is provided, "that in case any pensioner who is a widow shall die, leaving children, the amount of pension due at her death shall be paid to the executor or administrator for the benefit of her children;"  but it is expressly provided that the same shall not be considered a part of the assets of the estate, nor liable to be applied to the payment of the debts of said estate in any case whatever. It therefore appears clearly to your committee that in the case now before them, the widow having died without issue, the executor is not entitled to the arrears of pension due to Mrs. Legrand. Were he to receive it, it would not be assets of her estate for which, according to the usual terms of an executorial bond, he would be bound to account - indeed, there would be no person to whom he would have to account; it would not be subject to the payment of the debts of Mrs. Legrand, nor could it be distributed among her next of kin. Your committee, therefore, have come fo the following resolution:
Resolved, That the petitioner, as executor of Paulina Legrand, is not entitled to be paid the arrears of pension due too her at her death, and that the prayer of the petitioner be rejected.

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Paulina Legrand, decd.
Act 17 June 1844,
Udn. $600 per annum,
Comg. 4 September 1844
& endg, 6 Feb. 1845;
payable to
H. Carrington,
Executor,

H. Carrington
Executor

D.C. Roll

H. Carrington
Present

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2675.
Virginia
Paulina Legrand, formerly widow of Edmund Read
who was a Captain
in the Va. line for 6 years
Inscribed on the Roll at the rate of 600 Dollars - Cents per annum, to commence on the 4th day of March 1843.
Certificate of Pension issued the 4th day of Mar. 1843 and sent to Thomas Green
Richmond Va
[Act of March 3, 1843.]
Recorded in Book d
Vol. 1 Page 150
Let. to Henry Carrington
Spt. 13, 1844
Letter, to A. Carrington, 11th March '65
-  - Samel Legrand 6th July '13
do to Lana July 12, 1845-
Letter to Hono. E. A. Hubard
J. A. Seddons
W. M. Treadway
Decr. 23, 1865
Letter to Hon. Wm. C. Rivers May 12, 1838
Let. to H. Carrington Aug. 9, 1838

Page 27

(same as previous page)
2675.
Virginia
Paulina Legrand, formerly widow of Edmund Read
who was a Captain
in the Va. line for 6 years
Inscribed on the Roll at the rate of 600 Dollars - Cents per annum, to commence on the 4th day of March 1843.
Certificate of Pension issued the 4th day of Mar. 1843 and sent to Thomas Green
Richmond Va
[Act of March 3, 1843.]
Recorded in Book d
Vol. 1 Page 150
Let. to Henry Carrington
Spt. 13, 1844
Letter, to A. Carrington, 11th March '65
-  - Samel Legrand 6th July '13
do to Lana July 12, 1845-
Letter to Hono. E. A. Hubard
J. A. Seddons
W. M. Treadway
Decr. 23, 1865
Letter to Hon. Wm. C. Rivers May 12, 1838
Let. to H. Carrington Aug. 9, 1838

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2675
Virginia
H. Carrington, Executor of Paulina Le Grand
widow of Edmund Read
who was a Captain in the Virginia Line
Inscribed on the Roll (at the rate of crossed out) for 300 Dollars
(Cents per annum, to commence on the 4th day of March, 1843. crossed ouot)
Certificate of Pension issued the 22 day of March 1849
and sent to Hon. E. C. Cabell, M.C.
([Acts of March 3, 1843, and June 17, 1844] crossed ort)
Act March 3d. 1849
Recorded in Book 4
Val. H Page 150
Reported 23 March '49

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(same as previous page)
2675
Virginia
H. Carrington, Executor of Paulina Le Grand
widow of Edmund Read
who was a Captain in the Virginia Line
Inscribed on the Roll (at the rate of crossed out) for 300 Dollars
(Cents per annum, to commence on the 4th day of March, 1843. crossed ouot)
Certificate of Pension issued the 22 day of March 1849
and sent to Hon. E. C. Cabell, M.C.
([Acts of March 3, 1843, and June 17, 1844] crossed ort)
Act March 3d. 1849
Recorded in Book 4
Val. H Page 150
Reported 23 March '49

Page 30

Cancelled 8
Admitted 17
June 114:
4th July 14 Apl 131
(4952 crossed out) 501
Virginia
Paulina Legrand
widow of Edmond Read who died on the -- of --
(in the State of Va- who was a Captain in the     commanded by Captain    of the    commanded by     in the Va line for 2 years Inscribed on the Roll of Richmond at the rate of 600 Collars   - Cents per annum, to commence on the 4 day of March 1831
Ending 5 Feb'r 1845. crossed out)
Certificate of Pension issued the 3 day of April 1851 and sent to S. Peugh Present
Arrears to the 4th of 
Semi-annual allowance ending
{Revolutiooary Claim, Act July 4, 1846. Section the 
Recorded by W. E. Robinson
Book D. Vol. s Page 3

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8983
District of Columbia
Paulina Legrand
widow of Edmund Read who was a Captain in the Revolution
Enog 5" February 1845
Inscribed on the Roll at the rate of
600 Dollars ()() Cents per annum, to commence on the 4th day of (March crossed out) 1844
Sept.
Certificate of Pension issued the 23d day of April 1851 and sent to H. Carrington
Present
[Act of June 17, 1844.]
Recorded in Book A.
Vol. 2, Page 129
delivered

Page 32

H. Martin
10} Certificate
Read

Page 33

1782 Sepr. 30th This may Certify that Majr. Edmund Read never Received any Cloathing from me on Acct of the Publick while I Acted as Paymaster to the Albemarle Guards.
H. Martin

Page 34

Resignation of Edm Read,

Page 35

Lieut Edmund Read oof the 4th Virginia Regiment has been permitted to resign his Commission, by his Excellency, The Commander in Chief.
Given under my Hand at Morristown Camp this 5th day of July 1777.
Rob. H. Harrison, Secy

Page 36

Colo. Harvie
too } Letter
 E. Read
Capt. Reid

Page 37

Colo. Harvie returns his best compliments to Capt. Reid and is extremely sorry that a Horse he depended on to Supply the place of the one the Capt. purchas'd, has been not of the way but that is no Excuse for detaining the one he Sold for a Trooper, which the Capt. will now be pleas'd to receive with an apology that he has not been delivered up sooner.
Thursday Morning

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[illegible] Sept 10, Strat to hold [illegible] letter in S. F. sig 407 GM
Revolution
Virginia Line
WIDOW, &c.
File no. 8084
Paulina Legrand  for.
Wid. of
Edmund Read
Capt. Va. line
Act: July [illegible]
Index: - Vol. A, Page 427
[Arrangement of 1870

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Aug 25 '47
(stamp) CHARLOTTE CO AUG [illegible]
(5 crossed out)
Hon. Commissioner of Pensions
Washington City.
Paulina Legrand
Va Case
2675 Va 43

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Charlotte C. House Va
18th Augt. 1847
J. L. Edwards, Esq. Commr. Pensions
Sir,
I would esteem it a favour if you would transmit me a copy of the opinion of the Attorney General, on my petition for arrears of Pension, as Executor of Mrs. Paulin LeGrand Decd. I have a strong conviction that the decision in my case, is at variance with the preexisting practice of the Pension Office, and I am curious to learn the reason of the change -
With a grateful sense of your polite and prompt attention to my calls for information heretofore made, I remain,
Yr obt. Sert.
Henry Carrington

Page 41

Treasury Department
March 20th 1849l.
Sir
I have the honor to acknowledge receipt of your communication of the 17th Inst. with inclosures, relating to the act passed at the recent session of Congress for the relief of H. Carrington, Executor of Paulina Le Grand, and to state that the same have been referred to the Commissioner of Pensions for the appropriate action.
Very respectfully
Your obt Servt.
W. M Morrish
Secretary of the Treasury
Hon. E. C. Cabell
Washington D.C.
I shall leave the city in a few days, and I shall be obliged to Col. Edwards to attend to this as soon as may be 
Respectfully
E. C. Cabell
To the Commissioner of Pensions

Page 42

Richmond December 14th 1782
I certify that Edmund Read was an Officer in the Fourth Virginia Regiment in 1775 that he was appointed a Captain in Neilson's corps of State Cavalry the 26th of June 1779, and that he is now a Supernumerary
George Muter Col.  I G. R.
Benjamin Harrison
Warrant for 4000 acres issued to Edmund Reade the 16th of December 1782 No. SU.
A copy from the Records of the Virginia Land office
Teste, 
S. H. Parker Reg L Office

Page 43

Edmnd. Read

Page 44

Friday Decemr. 19, 1783
139
Army
Warrant to Edmd. Read, for one years half pay as a Captain of Cavalry in the State line to the 20 February 1753, Agreeable to an Act of Ga Assembly entitled An Act assisting the Auditor to issue Warrants in Certain Cases
90-0-0
I hereby certify the foregoing to be a true copy from one of the day books Kept by the Auditors for the year 1783, and that the act refered to, which provided "That the auditors shall, yearly, issue to such of the officers of the State line and Navy, no case by line entitled to half pay, their amounts for the same." may be found in the 16 volume of Hennings Statures at large page 265
Given under my hand in the Auditors Office in Richmond Virginia, this 31st March 1851
Ro Johnston
First Auditor
over

Page 45

An act to adjust and regulate the pay and accounts of the officers and soldiers &c  (see Hennings Statutes at large Vol 10 page 462) which is found by the journal of the House of Delegates to have been passed on the 5th January 1782 authorized the auditions to issue to the state officers, who now are in active service certificates for [illegible] of pay.

On the 20 February 1782, a certificate ors certificates were issued in the name of Edmund Read for £216.0.0. For [illegible] of pay,  delivered to himself- from which, it is inferred that he was in active service on the 5 January 1782  the subjoined certificate shows that he was a supernumerary on the 21st February 1782

Page 46

Hon.  Wm Marcy
Secretary of War
Washington

Page 47

Jany 19/46
Honl E W Hubard
asks reference of the case
of Mrs Legrand Exe. to
the atty Genl for his opinion

H. 18. rec Jany 17.46

Page 48

Jan. 14th 1846.

Dear Sir
I beg leave to return you the papers in
the case of Mrs Legrand exor Henry Carrington
for arrears of pension, together with his letter
to me & the accompanying argument, which
he requests may be referred with all the
papers to the atty - Genl for his opinion-
Mr Carrington is a gentleman of the first standing 
& respectability, & no doubt feels this an
imperative duty devolving upon him as Exor
and if apparently only (illegible), it
arises from a desire to discharge his
dues rigidly as Mrs. Legrand's Exor and
not from any intention of giving the Department
unnecessary trouble.
with great respect
Yr Obt Servt
E.W. Hubbard

Page 49

Mr James E. Heath
Coms of Pensions

Page 50

James Heath
Comr of Pensions

Sir
You will be informed
by an officer note that I have
affirmed your decision in the
Legrand case
Mr. Carrington claims
for five months arrearages
which stand on the same footing
with the Sum allowed by
the special act of Congress-
I am of the opinion that that
act ought to govern relative
to the arrearages, whatever
may be the rule in

Page 51

cases having no such Legislative 
sanction & therefore that
they ought be allowed.
Mr Carrington will return
the certificate of Pension to
be cancelled.
respectfully
your obt set
Alex H.H. Stuart

Page 52

Pension Office
July 17. 1846
Sir
I have the honor to
enclose you the petition of H.
Carrington, as Executor of Mrs.
Paulina LeGrand, decd late pensioner.
Mr. Carrington's letter to you with a 
statement of the points relied upon
in his appeal to the Attorney General,
and a copy of the Attorney General's
opinion, confirming the decision of
this Department.  As Mrs. LeGrand
actually applied for the arrears and
failed to receive them only for want of
the proper appropriation, it would appear
to be a strong ground for a petition
to Congress.
I have the honor to (illegible)
Sir. Very Respectfully
Your obt servant,
J.L. Edwards
Hon E.W. Hubbard
House of Repts

Page 53

No. 7685
Paulina LeGrand dcd.
formerly wid of Edmund Read
Va.
Act of July 1836
$600 2 yrs Capt Cavalry $600 per ann from 4 Mch 1821 to 5 July 1845 when she died
Payments under Acts 26 July 1838 &c & the Special Act of 3 Mch 1849- deducted 
Payable to Henry Carrington, Executor
Cert sent to 
S. Peugh
Present

Page 54

Recd. Ashbel Baldwin, N.Y. act 32 $480.
[illegible] Elizabeth Thoom. of N.Y. decd by his having c/ affirmed by Scry. NcKenny in the Case of Ashbel Baldwin

Page 55

(stamp) [illegible]
Hon Jas E. Heath
Commissioner of Pensions
Washington City
D. C.
FREE
In great haste

Page 56

Col. E. W. Hubard

Page 57

Charlotte Va 6th Jany. 1846
Col. E. W Hubard
Dear Sir,
Your favour of the 1st inst. covering a communication of the Commissioner of Pensions, setting forth his reasons for the disallowance of Mrs. LeGrand's claim, with some other papers has been received.
It is agreed that a pension is a personal benefit, not governed by the laws ordinarily applying to the distribution of property, but by the law creating it. In this case, what is the law & Does not the act of 1829 Cap. 23, Sec. 2 provide that is the failure of a widow & children, the arrears due a deceased Pensioner shall be paid to the legal representative, and was not the practice of the Pension office, in accordance with this law up to the recent decision of the Secretary of War in this regard & all thru is avowed in my petition, & not denied by the Commr. of Pensions. To avoid the obvious conclusion, he does say that "there is no law which authorizes arrears or balance due a deceased female pensioner to be paid to any but a child or children". Does he mean to say that under the Act of 1829 the arrears due may be paid to the legal representative of the male, but not of the female pensioner & Is a construction so unreasonable and so ungallant, at all probable? If females be embraced by the act of 1829, has that act ever been repealed? Does not the act of June 19th 1840, apply solely to the cases of pensioners leaving children, and do not the expressions "and the same shall not be considered a part of said estate, nor so able to the payment of the debt of said estate in any case whatever

Page 58

whatever" relied on by the Commr. of Pensions, have relatives solely, to the arrears oof pensions received by Executors & admrs. for the benefit of the children of deceased pensioners?
My consideration of Mrs. LeGrands' right to these arrears of Pension is very strong, and all persons with whom I have conferred on the subject, concur with me in opinion. Under the circumstances I hold that should not properly discharge my duty as her Executor, were I not to bring the subject before Congress.
Present my best respects to Messrs. Seddon & Tredway & impart to them my thanks for their kind cooperation with you in this matter - For yourself please accept my grateful acknowledgements for the bronth(?) already incurred & your kind attention for the future. I remain
with high respect-
Yr. Obt. Servt.
Henry Carrington
Exr. oof 
Mrs. Paulina LeGrand decd.

Page 59

Pension Office,
December 23d, 1845.
Gentlemen, I have the honor to return you the petition of the Executor of the late Mrs. Paulina Le Grand, dec'd. and to inform you that it accurately recites the facts: 1st. that her pension
was excluded by the act of 17 June 1844 - 2d that Congress failed to make any appropriation at that session to pay these pensions - 3d that the pensioner died without any direct descendants before the appropriation near was made - and 4th. that payment of the arrears has been refused upon the ground that she left no children. 
such payment under the circumstances would not be warranted upon general principles, even if it were not inhibited by the statues creating and regulating the adjustment and payment of the public gratuity. A pension by the force

Page 60

force of the term, and by the spirit and object of the law creating it, is a personal bounty which being founded upon some acknowledged merit, is necessarily limited to the beneficiary of it. It is not property subject to the law which control the uses and transmission of property, but a creation by special act of a personal and life provision for the object of it. If therefore, there was no law disposing of arrears it could not, be made to enure from the very character and object of the donation to any other than the object of this personal annuity. But the laws in relation to Pensions have specially guarded them from all the liabilities of property. The pension is by law exempted from all liens, pledges - and is in no respects subject to the engagements or debts of the pensioner- It does not pass by the rule of descents (propinquity of blood) but by the nearest in affection. Hence the arrears due a male pensioner are payable by law to his widow, even if she married him in the last month of

Page 61

his life, to the exclusion of his children of a previous marriage - The laws establish the pension for particular classes - carefully guarding its application to the personal enjoyment of the objects of it while living and dispose of the arrears at their death - In fulfilling the administration duties of this Department in relation to pensions, there is no law which authorized arrears or balances due to a deceased female pensioner to be paid too any one but a child or children, or to an administrator as their authorized trustee for their sole use. The last law upon ^the subject is the Act of 19 June 1840 (a copy of which is enclosed) which you will perceive is clear, and explicit in exempting the arrears, under whatever circumstances they may have accrued, from the liabilities of assets and limiting them to the "children" - This act covers the case of Mrs. LeGrand who died without children. As there is no ambiguity in the last named act and your letter puts forth no question of consideration for reference to the Attorney General, I have been instructed by the Secretary of War to inform you that

Page 62

he regards the application for arrears by an administrator as disposed of by the Act in clear, explicit and imperative language which addresses itself exclusively to his own administration duties. but if any question respecting the construction of that statute shall be made out, he would cheerfully submit to the Attorney General the argument which may be made to sustain it.
I have the honor to be Gentlemen, very respectfully your obt. servt.
J. L. Edwards
Hon. E. W. Hubard,
" James A. Seddons.
 "  Wm. M. Treadway

Page 63

Dec 20, 1845
H. H. Dec. 18/45
Hon. H. Hubard & others
Enc. petition of H. Carrington
Exor. Mrs. P. LeGrand for the 
arrears of pension due at time of her decease
H309. Rec Dec 14: 45,
Pension Offices
F. Crump.

Page 64

House of Representatives Decr. 18th 1845.
Dear Sir.
Permit the undersigned to invite your early attention to the enclosed Petition of Mr. H. Carrington Exor. of Mrs. P. Legrand Decd., and to ask the favor that you will review the decision of the Department in the case now presented. We are induced to believe that the facts as well as the law will warrant a different conclusion from the one recently arrived at by the Department. Should there be any difficulty, we respectfully suggest that you will refer the subject to the Atty Genl. In the mean time, whatever course of action may be selected by the Department, we will cherish the hope that a decision satisfactory to all parties may be attained. 
With great respect
yr. obt. servts,
E.W. Hubard
James A Seddon
Wrm. M. Tredway

Page 65

(stamp)
Charlottesville VA
July 3

5

July 7 45
To

The Hon Commissioner of
Pensions
Washington City

Paulinn LeGrand
Verona

Page 66

Charlotte C. H.
2d July 1845
to Hon. Commissioner of Pension
Sir
Your letter dated the 6th ult. has been received.
You say, that my application as the Executor of Mrs
Paulina 
LeGrand, formerly widow of Edmund Read for a continuation
of her pension from 4th March 1844 to 5th February 1845, the
day of her death has been examined and disallowed"; and
that this disallowance is by virtue of a recent decision of the
Secretary of War, that the Law of 1840 Chapter 17th authorized the
payments to Administrators and Executors only in cases where
them are children or a child; and then only to them as trustees,
not as Executors or Administrators, for the purpose of being assets
in their hands".

The effect of this decision is that the Law of 1840, works a
forfeiture of all arrears due pensioners, who may die leaving
no widow, or child or children.

Among the papers forwarded to me heretofore as the agent
of Mrs LeGrand, is the enclosed, containing rules for the government
of Agents in paying Pensioners, adopted 27th Novr 1833
on the 2d page 3d line it is written, (viz)
"6th Under the provisions of the Act of 2d March 1829 requiring
the arrears of pension due to deceased pensioners, to be paid to
their widows and children, the following rules have been adopted
ci) In case of the death of any pensioner, the arrears due him
at the time of his death, must be paid.

Page 67

I to the widow of the deceased pensioner &c
11 If then be as widow, then to the child or children of the deceased
Pensioner etc
111 If there be no widow, child or children, then the amount due
such pensioner at the time of his death, must be paid to the
legal representatives of the decedent.
IV Sets forth the mode of proceeding when an Exor or Admin" shall
apply for a pension due a deceased person"
Such, Sir, was the law and said the practice, at the time the Act of
1840 was passed I have looked closely to that Act. I can see
nothing like forfeiture in it, nothing indicative of a disposition
on the part of Congress to deal out a more strict & illiberal measure
to Revolutionary Claimants as their members had become diminished
by time - nothing like a repeal of the offered construction of preexisting
laws-On the contrary, its whole scope & intention appears
to be humane and benevolent, the manifest object is in the 1st
place, to see the benefits of the pension laws to the children of
the deceased pensioner, not only against the design to the speculator,
that were the fair creditor; and 2dly to facilitate the collection of
pension, through the median of an Exor or Adm constituted
as trustee for that purpose. If this be so, then it would be harsh in
the extreme, to pervert the humane intention, and to cause an act
intended to confer blessings, to have the effect of a bill of pain & penalty
instead of facilitating the collection, to take from & return to the Treasury
that, the right to which, under all previous laws has never been questioned.

But, Sir, it must be remembered that our instalment of this claim
amounting to $300. became due in Sept last; that Mrs Legrand
made application for the same, according to prescribed form, at the
Pension office in Richmond - that the Agent for Pension, in that city,

Page 68

acknowledged the obligation of the Government, but said that payment could not then be made, because Congress had, from inadvertence, failed to make the necessary appropriation, but that doubtless the appropriation would be made early in the ensuing Session, when the claim would be paid. We have then in to "this Instalment, the debt acknowledged & payment promised; - and for the Government too urge its own lacking or negligence, as a reason for unpayment, would be nothing short of representation, to call it by the incident name. But this the Hon. Secretary now not mean. I understand his decision to be that payment cannot be made too me as Exec. of Mrs. LeGrand, - he does not say that payment shall be withheld from the Legatee, or he is entitled to these arrears of Pension under Mrs. LeGrand's last Will & Testament. The last clause of your letter reads as follows-
"there being no child or children of the deceased in this case payment cannot be made to the Executor."
Will you Sir, be good ^maybe to inform me whether there will any Aus. teste objection to the payment of the claim to the person to whom it was given in Mrs. LeGrands last Will, and the Steps necessary too be taken to enable Legatee too receive the same?
An early answer is respectfully requested.
I am
very respectfully
 Yr. obt. Sert.
Henry Carrington
Exer. of 
Mrs. P. LeGrand decd.
P. S. Please return here "the enclosed papers or a copy of the same.

Page 69

To)
The Commissioner of Pensions
Washington City
free e by
W. W. R. B. Wells

Page 70

Charlotte C. Ho. Va.
1st June 1845
To the Commissioner of Pensions
Washington City
Sir,
On the 19th of April last I wrote you a letter covering the papers necessary to establish the time of the death of Mrs. Paulina LeGrand formerly widow of Capt. Edmund Read of the Virginia line in the army of the Revolution, also to set forth her claim to a Pension under recent acts oof Congress, & my right to receive the same as Executor of her Last Will & Testament. To this letter I have received no answer. Will you be good enough to explain to my friend W. W. R. B. Wells, why it is, that I have no answer to this letter? I have been anxiously expecting an answer, & fear that my letter to you has miscarried.
I am
Sir,
Yr. obt. Servt.
Henry Carrington
Executor
Paulina LegRand Decd.

Page 71

free
mar 10 45
To
Hon. J. L. Edwards
Commissioner of Pensions
Washington City
2,675

Page 72

Charlotte County Virginia
5th March 1845

Hon J.L. Edwards
Commissioner of Pensions
Sir
Mrs. Paulina LeGrand, widow of the late Revd. Nash LeGrand, and a Pensioner under the Act of Congress passed March 3d 1843 explained by the Act passed June 17th 1844 as Relict of Capt. Edmund Read of Major Nelson Corps of Virginia Cavalry, departed this on the 5th day of last month (February).  In her last Will & testament I with two other persons are appointed Executors, and am the only one that has or will qualify as such.  The object of this note is to ask the favour of you to inform me, as to the steps necessary to be taken, to enable me to receive as Exor the Pension money which fell due in her lifetime, also to inform me the amt. due at her death.  I know that that which fell due in Sept. last was not paid, no appropriation having been made by Congress, but, am also under the impression that the preceding installment is also unpaid.  Letters of Administration were granted me at our County Court on the 3d. inst.  Please let me hear from you as soon as the pressure of official duty will permit
I am
Sir
Very Respectfully
Your obt. Servt.
Henry Carrington

paid to 4 March 1844
No. 2675

Page 73

Carterville Va
Aug 28th

Free

To 
The Commissioner of Pensions
Washington City

Aug 31 44

Paulina LeGrand
Va [illegible] 38


GWC
In all

Page 74

Charlotte County Virginia
August 27th 1844

To the Commissioner of Pensions
Washington City

Sir
I write you by the request of Mrs. Paulina LeGrand widow of the late Capt. Edmund Read of Nelson's Corps of Va Cavalty, afterwards married to the Revd. Nash LeGrand and now a widow, on the subject of his pension under the Act of the last Congress. Her claim, under the last Pension Act applying to her case, was settled through the Agency of Mr. Thomas Green of Richmond.  Mr. Green will be no longer employed as her Agent for the purpose, and I now request that all papers & formula, that may require her signature, or official authentication with the view of securing the receipt of the Pension, be forwarded directly to herself at Charlotte Court House Va.  She has at present a very urgent demand for the money
I am, Sir,
Yrs. very respectfully
Henry Carrington
for Mrs. Paulina LeGrand

Page 75

[STAMP]
Richmond Va
Aug 4

Colo J.L. Edwards
Commr. of Pensions
Washington

Aug 7 1842
Paulina LeGrand
March 3d/43
Va
RO Case No 215
$600 per an

Thos. Green 
Richmond Va.

Page 76

Richmond  4" Aug: 1843

Col. J.L. Edwards
Commr. of Pensions

Sir:
For the current years pension of Mrs. Paulina LeGrand under act of 3 March last, I sent you her declaration, which you returned to me, in a letter dated 27th June, on account of a slight informality.  I now enclose it, in the corrected form.
I am yr. obt sevt.
Thomas Green

P.S.
I notice the caption to the Declaration, is omitted.  I suppose it is hardly necessary, to send it back for this, as the affidavit states, in the body of it, that "the following Declaration in order to obtain the benefit of the provision made by the Act of Congress passed on the 3rd March 1843 granting pensions &c" is made &c
But if you consider it material, please to return it & the correction will be made.
T.G.

Page 77

Free
Col. J. L. Edwards
Commissioner of Pensions
Washington

215
April 10 1843
Va
Mar 3. 1843
Paulina LeGrand

Page 78

Richmond 8th April 1843.
To, Col. Jas L Edwards
Washington

Sir
Enclosed I send you the Declaration duly authorized of Mrs. Paulina LeGrand, former widow of Major Edmnd Read, for her pension under the Act of 3rd March last.
If any further evidence be wanting, please inform me, & if complete, please to enter the certificate for
your very Obt sevt. Th. Green

Page 79

Col. J. L. Edwards
Commissioner of Pensions
Washington
D.C.

See papers Act Dec 8. 1842
1836.
Va
July 7, 1838
Paulina LeGrand

Page 80

Richd. 6 Decr 1822.
Col. J. L. Edwards
Commissioner of Pensions
Washington

Sir
I herewith send you the Declaration of Mrs. Paulina LeGrand widow of Capt Edmund Read, for a Pension under the Act of 23 August last. Mr. Carrington sent you in 1838 the evidence of all the facts requests to sustain the application now made. If any thing further should be wanting, please to advise me of it - If they are sufficient to authorize the allowance of the claim please to forward to this place, a warrant payable to the order of Mrs. LeGrand, to the care of Judge Wm. H. Cabell (who is her brother in law and legal attorney) or to the care of
yr. Obt Sevt.
Thos. Green

Page 81

County of Charlotte.
State of Virginia.} SS.
On this 7th day of June 1849, personally appeared before me the subscriber a Justice of the Peace in and for the County & State aforesaid, Mr. Henry Carrington, of said County & State, who being by me first duly sworn. - deposes and says that he is "Executor", for the estate of "Mrs. Paulina Legrand" formerly Widow of Captn. Edmond Read." who was a Revolutionary Officer. - that the said Paulina Legrand, was a pensioner of the U. States at the rate of $600. per annum, and died on the 5th February 1845. - that deponent makes this declaration, to obtain the benefits of the provisions of the Act of Congress of 1836, and also, for the benefit of the provisions of any other act or resolution of Congress in her case as made and provided, which has not hitherto been satisfied, and refers to the evidence on file in the Pension Office for proof of his Executorship. &c,
Henry Carrington
Exr. of
Paulina LeGrand Decd.
Subscribed and sworn to before me
the day, and year, first above
written
David Comfort Jus. of Peace
I hereby further certify that the above declarant, is the person he represents himself to be, & that his statement is worthy of the highest Confidence
David Comfort Jus. of Peace

Page 82

Virginia, Charlotte County Towit.
I Winslow Robinson Clerk of the County Court of the County of Charlotte State of Virginia, do hereby Certify that David Comfort is an acting justice of the peace in and for the said County, duly Commissioned & qualified according to law, and that the Signatures annexed purporting to be his are genuine.
Given under my hand and the Seal of my Said office this 4th day of June in the year of our Lord One thousand eight hundred and fifty
Winslow Robinson CC

Page 83

Col. A. Stephens
Recruiting
Instructions
to E Read

Page 84

To Lieutenant Read
Sir
You are to proceed immediately on the Revolutionary Service: Inlist none but young Able Bodied men; mention it to them that they are to Serve in the Regiment, wherein Lt. Read of yourself are; but enlist them for any parts under Company
Take no Briton or Irish, but those whose Connenions in America; may Appear Strong enough to bend them to our Interest
Be Active & let me hear from you from time to time - I wish you success
am Sir Your most hmbl Serv
Adam Stephen
Gr [illegible]
Suffolk 2nd. May
1776

Page 85

Resilution [sic]
Cor't Marsh;

Page 86

[illegible] a regimental [illegible] at the Barracks upon the trial of [illegible] a Soldier in Cap't [illegible] company by order of the [illegible]
Henry Nicholas } members
[illegible] Savage }

The prisoner [illegible] being brought before the Court as [illegible] of theft  [illegible] guilty of [illegible] of not guilty of theft.
Examining into the conduct of the prisoner of having no [illegible] his [marked out: taking] stealing the money only from his own is [illegible] had taken [illegible] it is the opinion of the Court that [illegible] the prisoner appears [illegible] Orders but in so slight a manner to [illegible] by being [illegible] reprimanded by the commanding Officer.
Approved of by the comm'd officer
[illegible]

Page 87

The United States, Dr.
To Edmund Read a Captain in the State Cavalry in the Virginia Line (commanded by Major John Nelson) in in the Revolutionary War.-
For his half-pay from 20th February 1783 (the date to which he has received half pay to 27th Decr 1802 (date of his death) in pursuance of the third section of an act of Congress to provide for liquidating and paying certain claims of the State of Virginia, approved 5th July, 1832, being 19 years - days at L90- Virginia currency, equal to $300.- Per Annum, Amounting
to Dollars, 5954.80
Compr's Office Jany 8th 1833
Moved in 1782. Encl. Wm. Anderson

Treasury Department
Register's Office March 8th 1851
I certify that the above is a true copy of the Statement on file in this office
Townsend Hains
Register

Page 88

Payments to be made
at Richmond
by F. M. Lawson Esq
Agent for paying pension-
ers, in the Agency of
Richmond

Recorded in the Pension
Office, in Book D Vol-
ume 2 Page - by
H. E. Robinson Clerk.

Page 89

DEPARTMENT. of the INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 4 July 1830. Paulina Legrand, decd widow of Edmund Read. who was a Captain in the Revolution. was entitled to receive Six Hundred dollars per annum, Commencing 4 March 1831 & ending 5 February 1845 when she died. And that the amount is now due & payable to Henry Carrington, Executor, deducting former payments under the Act of 7" July 1838,a and Special Act of 3 March 1849. ~

Given at the Office of the Department of the Interior, of the United States,
this 3d day of April
one thousand eight hundred and fifty one,
Alexr H. H. Stuart
Secretary of INTERIOR
Examined and
Countersigned.}
J E Heath
Commissioner of Pensions.

Page 90

Copy

Attorney General's Office,
14th July 1846

Sir,
The papers which accompanied your letter of the 17th January ult. shew, that Mrs. Paulina Legrand, as widow of Capt. Edmund Read of Maj. Nelsons' Corps of Virginia State Cavalry, was a pensioner by reason of the services of her said deceased husband in the War of the Revolution.  Her pension was paid to March 1844, and she died on the 15th February 1845, leaving no child or descendant.  You refer for my opinion, the question whether the arrear of pension unpaid at the time of her death, can be paid to her Administrator?
He contends that he is so entitled by the 2nd section of the Act of 3d March 1829.
The Commissioner of Pensions, under the direction of the Secretary of War, has disallowed the claim under the provisions of the Act of 19th June 1840.
In the edition of the laws recently published by Little & Brown, the act of 3rd March 1829, is noted as obsolete.
The first section of the Act of 1840, provides for the case of male pensioners, the second for females.  The acts giving

Page 91

pensions to widows of Revolutionary officers and soldiers have been enacted since 1829, and this fact clearly shews that Congress did not when passing the Act of 1840, consider that there was any law providing for the disposition of arrears of females' pensions.
The Act of 1829, is superseded by the Act of 1840.  The former clearly related the pension laws in force at the date of its passage.  The more enlarged and comprehensive system of pensions introduced by laws subsequently passed founded in gratuitous bounty to the persons who were its beneficiaries, [illegible] to the Act of 1840.  By the provisions of these laws, care is taken to prevent the arrears of pensions in any case becoming assets for the payment of debts, or for distribution according to any rule of descent or inheritance, except that which is prescribed by Congress, - a power which belongs to the states, and is not conferred by the constitution in regard to any virtue right or chose[?] in action.
But the pension being a bounty, conferred by Congress, the authority exists to withdraw it, or to prescribe the conditions on which it is to be paid, and the person or persons who

Page 92

are to receive it.
In making the payment, the Executive must look to the law for authority.  There is no such authority to make payment to the Administrator where the pensioner died leaving no children.  The 2d section of the Act of 19th June 1840, authorizes payment to the Executor or Administrator only" where the pensioner dies leaving children:", and then the payment is not made to him as assets to be disposed of according to his official duty as to the effects of his decedent, but the law declares "the same shall not be considered as a part of the assets of the estae, nor liable to be applied to the payment of the debts of said estate in any case whatever," and the payments of such arrears under the 1st and 2d sections are declared to be, "for the sole and exclusive use of the children of the deceased pensioner".
Now if there be no such persons for whose exclusive use the Administrator or Executor is authorized to receive, and payment is made to him as such, how would he be held to dispose of them.
Such arrears are not

Page 93

assets subject to debts or distribution according to the local laws, and there are no persons in being, entitled to demand payment by the Act of Congress.
I am clearly of opinion, that the Administration or Executor of Mrs. Legrand, is not entitled to receive the arrears of her pension which were unpaid at her death.
I have the honor to be,
Very Respectfully,
Sir,
Your obt svt.
(Signed) J.Y. Mason


Hon. W.L. Marcy,
Secretary of War.

Page 94

Addl tes case

Pauline Legbrand

To The Commissioner of Pensions
Washington City

[STAMP]
[illegible]

Page 95

Charlotte  April 18th 1845

The comr. Pensions
The undersigned would be thankful for a prompt answer to the application contained in the enclosed paper.
Very Respectfully
Henry Carrington
Exor. of 
Paulina Legrand decd.

N.B. Direct to Charlotte C.H. Va.

Page 96

208526

Page 97

Declaration
In order to obtain the benefits of the Acts of Congress of the 7 July 1838 and of the 23rd August 1842.
State of Virginia  Charlotte County to wit:
On this third day of December Eighteen hundred and forty two personally appeared before me William P Dickinson a Justice of the peace for said County, Mrs. Paulina LeGrand, a resident of the Village known as Charlotte Court House in said County, aged about seventy six years, who being first duly sworn according to law, doth, on her oath make the following declaration in order to obtain the benefits of the provision made by the Acts of Congress, passed 7 July 1838 and the 23rd August 1842 granting pensions to widows of persons who served during the Revolutionary War.  That she is the widow of Edmund Read who was a Captain in Major Nelsons Corps of State Cavalry of the state of Virginia, whose particular services she is unable to recite, but as they appear on the public record, to them she begs leave to refer for a more accurate description.
She also declares that she was married to the said Edmund Read about the    day of September 1782 one thousand seven hundred and eighty two.  That her said husband the aforesaid Edmund Read died about the     day of     in the year Eighteen hundred and two.  That she was not married to him, prior to his leaving the actual service in the Revolution, but the marriage took place previous to the first day of January Seventeen hundred and ninety four: viz: at the time above stated.
She further declares, that after the death of the husband aforesaid, she was married to Nash LeGrand.  That he died about the    day of     1814 and that she is still a widow.
Paulina LeGrand
Sworn to and subscribed on the day and year above written before me a Justice

Page 98

of the peace of the County aforesaid. And I do further certify that the said Mrs. Paulina Legrand is by infirmity of health unable to attend Court or to leave her house to which she has been confined for more than two months.
In witness whereof I have hereto set my hand this third day of December Eighteen hundred and fifty two -
Wm. P. Dickinson J.P.

State of Virginia Charlotte County towit,
I Winslow Robinson Clerk of the County Court of Charlotte in the State of Virginia, do hereby Certify that Winslow Robinson is an acting justice of the peace in and for the Said County of Charlotte duly Commissioned and qualified according to law, and that the signature annexed purporting to be his is genuine -
Given under my hand and the Seal of my office the 3d day of December 1842
Winslow Robinson

Page 99

To the Commissioner of Pensions
Washington City.
Sir
As the Agent of Mrs. Paulina
LeGrand about the month of May 1838 I for-
warded to your Office a Declaration on the part
of Mrs. LeGrand with the necessary testimony
in support of the same, with the view of securing to the Declarant the the benefits of the Act of the 4 July 1836 - This application was disallowed. 
The testimony then submitted, is now referred to for the purpose of substantiating the claim herewith preferred. Should further testimony be wanting application can be made to Mr. Mr. Thomas Green, to Judge William H Cabell of Richmond or to myself Charlotte CH. Va.
I am
Sir
Yr. Obt Servt.
Henry Carrington
Charlotte CH. Va. 3 Decr 1842

Page 100

215

Page 101

State of Virginia
Charlotte County} towit
On this 31st day of July 1843 personally appeared before me J. P. Marshall a Justice of the Peace of the County and State aforesaid, Mrs. Paulina Legrand a resident of the Village known as Marysville or Charlotte Court House in said County aged 76 years, who, being first duly sworn according to law, doth, on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed on the 3d March 1842 granting pensions to widows of persons who served during the revolutionary War, That she is the former widow of Edmund Read, who was a Captain in Major Nelson's Corps of state Cavalry of Virginia, and on account of whose services she received a Pension of three thousand dollars in December last under the Act of Congress of 3d August 1842, amendatory to the act of July 7th 1832. She further declares that she is still a widow Paulina Le Grand

Sworn to and subscribed, on the day and year first above written, before me, And I do further certify that the said Mrs. Paulina Legrand is from bodily infirmity unable to attend Court, and that she is personally known to me.
J. P. Marshall J.P.

Charlotte County, towit.
I Winslow Robinson clerk of the county Court of Charlotte in the State of Virginia, do hereby certify that James P Marshall is an acting Justice of the Peace in and for the said County duly Commissioned and qualified, and that the signature annexed purporting to be his is genuine
Given under my hand and the seal of my office this 31st day of July 1843.
Winslow Robinson C

Page 102

Mrs LeGrand
Pension Claim

Page 103

Act 2 March 1829. Whenever any Revolutionary Pensioner shall die, the Secretary of War shall cause to be paid the arrears of pension due to said pensioners at the time of his death; and all payments under the act shall be made to the widow of the deceased Pensioner, or to her attorney; or if he left no widow or she be dead, to the Children of the pensioner, or to their guardian or his attorney; and if no Child or Children, then to the legal representation of the deceased."
Act 7 June 1832. "and in case for the death of any person embraced by the provisions of the Act or the Act of which it is supplementary, during the period intersecting between the semi annual payments directed to be made by said Acts, the proportional amount of pay which shall accrue between the last preceding semi-annual payment and the death of said person, shall be paid to his widow or of her [illegible] or widow to her children."
The Acts 3 July 1836 & 7 July 1838, Pensioning widows of Revolutionary Officers makes no provision for paying arrears due to the Children of said Pensioners or to their legal representative
Act 19th June 1840 "In case any male pensioners shall die leaving Children but no widow, the amount of pension due such pensioners at the time of his death shall be paid to the Executor of Administration on the estate of such pensioner for the sale & exclusive benefit of the Children to be by him distributed among them in equal shares, and the same shall not be considered as a part of the assets of said estate, or liable to be applied to the payment of the ebts of said estate in any case whatever. In case any pensioner who is a widow shall die, leaving children, the amount of pension due at the time of her death, shall be paid to the Exr. or Admr. for the benefit of the children as directed in the foregoing section. In case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them as they may prefer, without the intervention of an Administrator
The following clause is found in the Act of 20 Jany. 1813, and other Acts pensioning Widows out of the Navy pension fund, viz "such

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2
widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased [illegible] was entitled at the time of his death, which allowance shall continue for and during the term of five years, but in case of the death or intermarring [sic] of said widow before the expiration of the said term of five  years, the half pay for the remainder shall go to the child or children of the deceased: Provided that such half pay shall cease on the death of said child or children."
In an opinion in construction of this last Act, Mr. Attorney Genl Butler date 5 April 1835 decides that a laps [sic] of 20 years will not bar the claim for widow for all the 5 years pension accuring [sic] in that term by several extending acts, in the other cases of those extending acts seem to require that the applicant should have "been put on the pension list or been granted a certificate of pension  [illegible]" - he says, I find this question substantially answered by my predecessor.  In an opinion acted 9 June 1825 the Attorney General (Mr. Wirt) speaks of the rights acquired by the widow under the Act March 4th 1824. Here is certain right, as such the Law says, to the [illegible] on the happening of a certain [illegible] - that of her husband has [illegible] by reason of a wound received in the line of his duty on board of a private armed [illegible] - The law does not require that an application should be made by her, or that any thing also should be done in order to consummate her right." It is consummated by the death of her husband and on the circumstances mentioned, it is a vested right for so money per annum --for five years -- subject however to be discontinued and defeated by her death or marriage at any time with that term; but [illegible] & perfect during the term she continued to live the widow of the deceas'd husband, and not defeated by her subsequent intermarriage except from the time at which such intermarriage takes place. Mr. Wirt also says that the right appears is "does not depend on the [illegible] of the parties." It is given to widows & children of officers & men, of [illegible], without regard to their [illegible]". "nor is there any condition annexed to the promise that the money shall be paid if applied for in a given time, or in [illegible] state of things. It is [illegible] on the single condition that the husband and father shall die in the service of the Country; on the happening of half condition the [illegible] becomes a debt , so [illegible]

Page 105

in as much property, and the property of the widow & children or any bond which the deceased may have left them by his will". Mr Wirt again says, "I understand, also, that was when she has since intermarried, before she has made any application, or has died before she has made any application, the uniform practice of the department has been, not to consider the application too late for all that was due at the time of her intermarriage or death; the department having heretofore considered that as having been done which ought to have been done" 

On 17 January 1837. Mr. Atty. Genl. Butler reaffirms the in principles above set forth. He says "under the principles settled by Mr Wirt in certain Navy pension cases and adopted by me in similar cases, as stated in my opinion to the Secretary of the Navy of 5th of April last, I think the right to the pension a vested right, & that it has passed to the children" the act of June 7th 1832 above cited, is well remembered, provides for the payment of fractional portions of pensions to Widow & children but to all mention of legal representations. In the administration under this Act Mr. Butler is asked the following questions. 

In case the pensioner died leaving a widow, who also died without demand of the amount: does the law exclude the children and make it necessary to administer upon the estate of the deceased Widow, or are the children entitled to the balance due? In case of the death of the Pensioner, leaving neither widow or child in the legal representative entitled to the amount due? Mr. Butler says Feb. 28th 1834, "the first section of the Act referred to declares that the various persons embraced within it shall be entitled to receive, out of the treasury the amounts granted to them during their natural lives; and although the payments are only made semi annually, yet I conceive without any express provision in respect to the payment of fractional amounts to the legal representatives of deceased parties, said representatives would have been entitled to demand & receive the same. In my judgment, this general rule applies to every case but especially provided for in the fourth section; that is to say, to all cases where the decedent left a widow, or there being no widow, left children him surviving. But

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4
in all cases where the decedent left a widow, or leaving no widow, left children, I consider the widow, or if there was none, the children living at his death entitled to the proportional amt. In applying the general principles[crossed out] rules to the questions above propounded the following answers must be given to them:
1st. In the case stated in first question, the legal representatives of the widow (that is her Exors or Admrs) are the only persons who can demand the balance due.
2. The other question must be answered in the affirmative
The rule thus established governed the practices of the Office for many years, for in the letter of the Secretary War (Mr. Wilkins) dated July 14 1844 it appears that Captain Crawford having received his pension the Act 1828, died 6th March 1833, and left a a widow and two children. His last semi annual payment fell due 4th March 1833. In this case the widow was entitled to the proportional amount of pay which fell due for the two days between the last preceding semi annual pay days & the death of her husband. But Mr. Crawford had omitted to claim his pension for two years previous to his death. These two full years were in arrear besides the [illegible] fraction which was due & payable to his widow. Mrs. Crawford died on 31 May 1839, never having claimed the pension, omitted to have attracted the attention of her husband, his two children state survivors. Now the question involved is to whom is the two years unclaimed pension payable? In the paper submitted to me, dated 1st May 1844 by Mr. Edwards, he states the practice to be to pay the amount to the Executors or Administrators of the widow and not to the children, and that this practice is founded on the opinion of Mr. Butler (28th Feb 1834) already referred to. Mr. Wilkins [illegible] Mr. B.s opinion to fractions of semi-annual pension due but changes the practice of the Office as to the pension due for two years, which he [illegible] to be paid to the children.

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6
Pension Office was wrong, for it appears from the authorities (illegible)
requested, that the principle of the act of 2 Mar 1829 was applied
to the Pension acts subsequently passed, & that this practice continued
up to the time of Mr Marcys decision were four years after the
passage of the act of June 19, 1840, and it was now believed that
the claim for a widows of a Pensioner dying without children, now under the law of
the repealing affect of the act would not be disregarded.  Up
to the period of Mr Marcys decision the claim was considered
as perfectly vested entitlement as to (illegible) in ways (illegible) representation
rather than to children, that is what is the true construction of
the act of 17 June 1840? I contend that it was not intended
to repeal any country law on the sight of pensions, but to afford
further facilities to the Pension office in making to payments.
By the act of 2 March 1829 the arrears of Pension due to Children
of a Pensioner, were to be paid "to the children of the Pensioner
or to their Guardian as his Attorney". Now in the case of adult
children, it must after have happened from the dispersion or
death of some of the children, that the Pension office was subjected 
to great delay & uncertainty in making its payments. In proof
of this, I submit the subjoined letter from Mr Cass Sec. of War
dated Nov. 9. 1833." I can where the residence of all the 
children of a deceased pension cannot be as certain, those who are
known to be living must prove then relationship to the deceased
before a Court of Record, they must say that the pensioner
left his widow; that the children are in part unknown,
have not been heard of at least one full year, and that
(illegible) have been made without success to as certain them
residence. Their names must be given. The Court must give
a certificate containing the facts & the Clerk of the Court must
sign the same & annex thereto his seal of office.  In such a 
case the amount due will be paid to that who are known
to be living, and all that is due to be paid at one time.
In can then is to widow and the children who survive
reside a considerable distance from each other, and it is difficult
or impracticable to obtain information or power of Attorney from
those who live remote from the Pension Agency, the amount due

Page 114

4889
Petiton of
H Carrington
Exer of
Mrs. P. LeGrand Dec'd
for arrears of Rev.
Pension -
July 15, 1846 Referred to the
Com on Revolutionary Pensions
January 2, 1847 Referred to the
Com on Revolutionary Pensions
Feby 17. 1847 Rep [illegible] 1345
January 27 1845 Referred to the
Committee on Revolutionary Pensions
Referred to the Com: on Rev. Pensions
under the rule
Feb 29, 1848 = Bill 272
E W Hubard
[marked out: July 15th 1846]