Revolutionary War Pension and Bounty Land Warrant Application File S. 17,381, Julius Deming, Conn.

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(8-1776)
SERVICE  NUMBER
Conn.  Deming, Julius  S. 17381

Carded
CONTENTS
Purchasing Commissary

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State of Connecticut County of Litchfield
S Geo. C. Woodruff Clerk of the Court of Probate holden at Litchfield in & for said the District of Litchfield in said County, do hereby certify that satisfactory evidence has been exhibited to sd- Court that Julius Deming Esq was a Pensioner of the United States at the rate of Four Hundred & Eighty Dollars per annum; was a resident of Litchfield in sd- County & State & died at said Litchfield on the 28th day of Jany A. D 1838. & that he left the [crossed out] children of whom the following survive and are now the only survivors viz Frederick Deming of Brooklyn N. Y. Charles Deming of New York City, William Deming and Lucretia Deming both of Litchfield Conn
In testimony whereof I have hereunto set my hand & affixed my seal of Office this 16th day of June A. D 1848
Geo. C. Woodruff Clerk

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Connecticut.- | 283
widow of [crossed out] Julius Deming
who died on the [crossed out]
of Litchfield Cc. in the State of Connecticut who was a  in the  commanded [crossed out] by Captain  of the  commanded [crossed out] by  in the [crossed out] line for [crossed out] Commissary of Purchases in the Revolution.-
Inscribed on the Roll of Hartford at the rate of 600 Dollars - Cents per annum, to commence on the 4 day of March, 1831 and end on the 23. January 1838.- Incd. from $480. pr. an-
Certificate of Pension issued the 18 day of Feb. 1862 and sent to [check mark] S. A. Peugh - Presentt.
Arrears to the 4th of
Semi=annual allowance ending
Payment to be made to William Deming and Lucretia Deming only surviving children
Revolutionary Claim,
Act July [illegible] 1836, [crossed out]
Section the [crossed out]
Recorded by W. E. Gapen.  June 7. 1832
Clerk
Book H Vol. 1 Page

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Julius Deming-
Assistant Commissary of Purchase in the revolution

Litchfield County
Conn.

Act 7th. June 1832.

Allowed as [illegible, crossed out] assistant [crossed out] Commissary of Purchases, at the rate of $ 600. per ann. to commence on 4th March 1831, & to terminate on the 23d. day of January 1838. when he died, deducting former payments at the rate of $480. per ann. to same time. Payable to William Deming & Lucretia Deming, only surviving children.
To S. A. Peugh-
Present

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State of Connecticut
County of Litchfield
Probate District of Litchfield

On this 26th day of March 1834 personally appeared in open court, before the Court of Probate for the District of Litchfield in the County of Litchfield and state of Connecticut now sitting Julius Deming, aged seventy-eight years, a resident of the town of Litchfield in the Probate District, County and State aforesaid, who being first duly sworn, doth on his oath on make the following declaration in order to obtain the benefit of the act of Congress  passed the 7th day of June AD 1832.

I was born in the town of Lyme in the State of Connecticut on the 16th day of April 1755 and have no record of my age — My home was in Lyme until April 1771 when I removed to Colchester in said State. I resided in Colchester until the later part of December 1780, when I removed to the Town of Litchfield, where I have ever since resided.

Colo. Henry Champion late of Colchester Connecticut deceased, from the commencement of the Revolutionary war was the principal acting and efficient Depty Comy Genl. of Purchasses [Purchases] of fresh provisions for the Eastern Department and as such, by himself and his Apertants [assistants] or Deputies, mainly supplied the Army in the Eastern and middle States with fresh provisions until some time in 1780, for proof of this I refer the Department to the depositions accompanying the declaration of Genl. Epaphroditus Champion lately prefered [referred] to your Department for a pension, which I presume are on file in your Office.
In the fore part of August 1776 I the said Julius agreed with Colo. Henry Champion Depy Comy. to go on to New York to take the care of Fresh provisions for the Army ~ In the 8th day of September 1776 I received from Colo. Henry Champion Depy Comy the appointment to go on to New York and take the care of fresh provisions for the case of the Army; the original appointment is herein enclosed and is marked (N_1)
at this early stage of the Revolution I know of an appointment made in the Comy Dept. of Purchasses [Purchases] with Title only those of Comy Genl. and Depy Comy.; I believe the title of assistant

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Assistant Comy or Purchassing Comy was at that Time wholly unknown ~
Pry [prior] this appointment I was constituted an Assistant Comy., and acted as such, my duties and my services fully corresponded to such appointment ~ I opened and kept my account against the Continent charging the Continent with my purchasses [purchases] and all other expenditures; and crediting the Continent for hides and tallow sold; and so was my account settled with Colo. ] Colonel Champion~
Under this appintment [appointment] enclosed (No 1) on the 12th. day of September 1776 I set out for New York, and arrived on York Island the day of the action on Harlem heights, on the 16th of September; as our Army had retreated from New York to Harlem heights I here took my station - [Mr. Epap. Champion was then at East Chester recovering from a severe sickness, and then had the care of the general magazine of Beef cattle for the Army at that place]
I now had the whole care of supplying the Army under Genl. Washington on York Island with fresh Beef and mutton- - - - to see that a suitable number of beef cattle were kept on the Island in case of any emergency - - - to call in beef cattle from time to time from Mr. Epap. Champion at East Chester, and from drovers for the daily supply of the Army - - - - to hire and pay the Catchers for killing the cattle - - - - to weigh and deliver the quarters of beef to the Issuing Comy. Mr. Samuel Gray and Mr. Daniel Brown - - - - to sell the hides - - - and to take care of and dispose of the tallow
From Sept. 17th. 1776 to October 13th. 1776 I delivered to Samuel Gray Issuing Comy. Four hundred sixty five thousand six hundred and sixty one pounds of beef and mutton, and to Daniel Brown Issuing Comy. from Oct. 13th. 1776 to October 20th. 1776 Ninety four thousand six hundred and four pounds of beef - -
When the Army left York Island for White Plains, I was directed to leave a certain number of Beef cattle for the use of the troops at Fort Washington and proceed with the remainder with the Army to White Plains - at White Plains I joined Mr. Epap. Champion on the 22nd. of October and delivered over to him the cattle I brought off from York Island~ Mr. Epap. Champion had the magazine of beef cattle for the Army now at this place to supply the daily consumption of the Army~ I here at White Plains and Northcastle continued the same duties of hiring and paying the butchers of weighing out the quarters of beef to the Issuing Comy. Daniel Brown and Capt. Winship, of selling the hides, and disposing of the tallow~

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When the Army left White Plains and crossed the North river I went on with Mr. E. Champion to Peekskill; Mr. Champion remained with me at Peekskill 'till the latter part of Jany. 1777-
I remained at Peekskill through the winter and in the spring of 1777 performing the same duties as heretofore, weighing and delivering the quarters of beef to the Issuing Comy Mr. Paulding paying the butchers and selling the hides, and disposing of the tallow
[there is text bleed through from other side of page]
After Mr. Champion left me, I had the sole care of calling in beef cattle from Colo. Champion, and from his Purchassers to supply the troops at Peekskill, and Fishkill and elsewhere by Colo. Champions directions (No. 2853) I established and kept my general supply of cattle for this purpose at Crumpond near Peekskill - I supplied Beef and beef cattle to Sylvanus Waterbury Issuing. Comy. at Fort Montgomery, and beef cattle Abr. H. Hory at Haverstraw on the West side of the North River and beef cattle for the troops at Fish kill through the winter and in the spring of 1777 - at this place (Peekskill) I purchassed [purchased] beef and beef cattle for the use of the Army ~ I continued in the Comy. Dept. and after receiving the small pox by inocculation [inoculation] rendered necessary by my engagement in the public service I proceeded early in the summer of 1777 to New Jersey where I joined Mr. Epap. Champion, from which time we were jointly engaged in ordering in, receiving, and distributing the beef cattle to the Issuing Comys. as needed for the main Army while marching and countermarching through the States of New Jersey and Pennsylvania until the 22nd. of August 1777 at which time I left the Army then in Pennsylvania near the Cross roads fifteen or twenty miles Northerly of Philadelphia and returned to Connecticut, and was in active service in the Comy. department as late as the 7th. of September inclusive making one year of services from my first appointment including the short time of having the small pox by inocculation [inoculation]~
This term of service is proved by my original appointment (No.1) by Colo. Champions letters N2 and 3 and by Genl. Epaphroditus Champions deposition ~
Under the Resolves of Congress of June 10th. 1777 and April 14th. 1778 regulating the Comy. Department, I was appointed.

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appointed on the 15th. day of May 1778 by Colo. Henry Champion Depy. Comy. Genl. a Purchassing [Purchasing] Comy. on a Commssion of two per cent; the original appointment is herein enclosed marked No. 4~
Under these resolves I was to take the oath of Office, to give bond, and was subject to arrest as an Officer and to be tried by Court Marshal ~ I took the oath of office before the Honle.[Honorable] Wm. Williams of Lebanon one of the Council of Assistants of the State of Connecticut, a copy of which is enclosed No. 5, I also gave the bond required a copy of which is enclosed No. 6. originals of both according to my best knowledge and belief were sent to the proper Office
My expenditure as Purchassing [Purchasing] Comy. on commission commenced directly after my appointment of May 15th. 1778~ I made such purchasses [purchases] of Beef cattle and sheep for the Army as directed by Colo. Champion, not interfering with the districts of other Purchassers ~ As Purchassing Comy. I forwarded on the droves of cattle to the Head Quarters of the Army, and other places where troops were stationed; for this purpose it was necessary for me to reside in Colo. Champions family; by this means I could receive from him (Colo. Champion) the exact time when either of his Purchassers [Purchasers], whither in any part of Massachusetts or Connecticut would have his drove ready, and send a drover to take the drove to Head Quarters, or such other place as directed by Colo. Champion~ It was necessary to have men stationed as receivers of cattle at various places, such as Fishkill, Kingsferry, Newport and Providence to provide forage, to deliver the cattle to the Issuing Comys. or to forward the cattle on to Head Quarters or any other place where required ~ All the men employed by me whether at any particular station, or as drovers were required to take receipts for their expenditures as vouchers to their accounts, this rendered my accounts voluminous and my services constant and arduous My expenditures as Purcg. Comy. exceeded those of any other Purg- Comy in the Dept. with I believe but one exception~ They necessarily continued to the 28th. day of April 1780; I then made up my account and settled on the 8th. day of May 1780 making for my second term of service two years wanting six days: and for both terms of service three years wanting six days ~ - At a particular time during my last appointment
as

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as Purch. Comy. Colo. Champion was called on by one of his Purch. Comys. for money to purchase beef cattle for the troops stationed on the lines, when he had no money on hand, I was present when the application was made, and such was the necessity of the troops and urgency of the case that I advanced to Colo. Champion for this purchase four loan Office certificates for $400 each for money I had previously loaned the United Stated dated Oct. 12. 1778 and numbered 5555 to 5558 inclusive amounting to $1600, this sum was hereafter devoted by me to the Public service in my expenditures as Purch. Comy., and went to increase the balance due me on my final settlement - I settled my account on the 8th. day of May 1780 at which time the balance due me on my account as Purch. Comy- including the amount of the certificates was $28,247 96/100 which sum was on that day paid me by Colo. Champion Depy. Comy. Genl. in Continental money then depreciatied to seventy or seventy two for one~ I thus lost by depreciation nearly the whole of my Certificates and nearly the whole of my three years services
My expenditures as Purch. Comy. the last 2 years on commission amounted to £447,962.16.2 is in dollars $ 1, 493,209~
In addition to my purchasses, I forwarded on to Headquarters, and to other stations for the Army in the last two years 376 droves of cattle and sheep
For proof of my second term of service I refer to my original appointment enclosed and marked No. 4, and to the deposition of Genl. Epap. Champion, and my own declaration
Terms of service
2st- term as Assistant Comy. - - 365 days
2d term as Purchassing Comy. on Comsn. 724 days
1089 days
I have received no written discharge from the Comy. Dept.
I am known to the Honle. James Gould Asa Bacon Abel Catlin and many other inhabitants of Litchfield who can testify to my character for veracity and their belief of my services in the Revolution ~ ~ I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the Pension roll of the Agency of any State.
Sworn to & Subscribed the day & year aforesaid before me  Julius Deming
Frederick Wolcott Judge of Probate,
District of Litchfield, Connecticut.

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[illegible]

We, Laurens P. Hickok, a clergyman, residing in the town & County of Litchfield, in the State of Connecticut, and Benjamin Tallmage, residing in said Litchfield hereby certify that we are well acquainted with Julius Deming Esquire, who has subscribed & sworn to the above declaration; that we believe him to be seventy eight years of age; that he is reputed & believed, in the neighborhood where he resides to have been an assistant or purchasing Commissary in the Revolutionary War, and that we concur in that opinion. We also certify that the aforesaid Julius Deming sustains an unblemished character for veracity & integrity.
Benj. Tallmadge
Laurens P. Hickok

Sworn to and subscribed the day & year aforesaid before me Frederick Wolcott, Judge of Probate, District of Litchfield, Connecticut.

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogations prescribed by the war department, that the above named applicant was a Revolutionary soldier and served as he states. And the Court further certifies, that it appears to them that the Revd. Laurens P. Hickok, who has signed the preceeding certificate is a clergyman, residenty in said town of Litchfield, and that the Hon. Benjamin Tallmadge, who has also signed the same, is a resident in said town of Litchfield, and is a credible person & that their statement is entitled to credit -
Frederick Wolcott, Judge of Probate,
District of Litchfield, Connecticut ~

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I Phinehas Miner, Clerk of the Court of Probate for the district & in the County of Litchfield, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Julius Deming Esquire for a pension -
[to left of following text, a circular seal with ribbon] In testimony whereof, I have hereunto set my hand & the seal of said Court this 26th. day of March AD 1834-
Phinehas Miner Clerk

[illegible]

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[written up left side of page] 30.862

Allowe [illegible]
L. I.

X

Hon. J. W. Huntington H R

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Hon. Wm. L. Marcy

Washington
D. C.

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Litchfield Conn.
Nov 26/47. [7 appears to be written over 8, or vice versa]

Wm Deming
For increase of his father's pension.-

D 205. Rec Sept. 8/48.

Pension Office

Mr. Ames

14

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Litchfield, Connt. Nov. 26. 1847

Hon. Wm. S. Marcy
Sir.
My father, Julius Deming, late of this place, deceased, was a pensioner of the United States, under the Act of Une 7. 1832, as Deputy Commissary of purchases in the Army of the Revolution, at the rate of $480 per annum.
Under date of June 13. 1844, I applied for an increase [underlined] of pension, on the ground that, by the construction & allowance of the Department, my Father was entitled to the pay of a Captain of Cavalry. To this application the Commissioner replied that the increase of pension could not [underlined] be allowed, for the reason that my Father received, as compensation for his services, a "commission of 2 pr.Ct. on his purchases," [underlined] & not a "stated monthly pay:"- [underlined] & from this fact the inference was drawn that "my Father acted in a civil [underlined] & not a military [underlined] capacity."
The objections [underlined] are without force, & the inference [underlined] altogether unwarrantable, as will be seen by the following
"Extracts from the Journals of Congress, of June 1777, shewing the pay allowed to Commissaries."

"To a Commissary General of purchases [underlined], each, 8 Dollars per day & 6 rations.
"To the Deputy do. - do. - 5 " - 4" -
"To Assistant do. - do. - 4" - 
"To a Commissary General of issues [underlined] - 150 Dolls. pr. month, & 6 rations.
"To Deputy do. - do. - 75 " - " - 4" -

From Journals of Congress of Jany. 12. 1781.
"To a Commissary General - 100 Dollars per month.
"To Deputy do - 80 " - " -
"To Commissary - 70 " - " -
' To Deputy do. - 55 " - " -

It appears also from the Journals of Congress, that, at a particular period of the war, and probably for particular reasons (such as ensuring increased

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activity, vigilance, &c.) a class of Commissaries were appointed, who should receive pay for their services by a per centage [underlined] on the amount of their purchases:- but there is nothing in the law that makes their duties [underlined] less laborious, dangerous, difficult, or responsible [underlined], than the duties of those Commissaries who received a "stated monthly pay;"- [underlined] and surely their duties [underlined] and stations [underlined] could not be made the less of a military character [underlined] - not the grade, rank, character, & quality of their services by altered [underlined] by the manner in which they were to receive their compensation.
That my Father was in the receipt of 50 Dollars per month, specie value, appears by a tabular statement now on the files of the Department; and the fact that his claim as Commissary of purchases, under the law of 1832, was allowed by the Secretary of War [underlined], a higher authority than the Commissioner, would seem to take the case out of the jurisdiction of the Commissioner, & to leave him nothing to decide. It was therefore with great surprise that I learned that he had declined to grant the application.
The increase of pension now asked for, it is understood, has been allowed to nearly all the Commissaries of different grades & ranks (amounting to 15 or 16) who have been pensioned in Connecticut [underlined] - & whose pensions have been raised from 320, & 480 Dollars pr. annum. This fact is said to appear from the "Roll of pensioners" at the agency in Hartford. If doubted, the documentary evidence can easily be obtained.

Without further detail, I appeal [underlined] therefore from the decision of the Commissioner to yourself, confidently hoping that his opinion may be reversed.
With great respect, I have the honor to be your obt. servant,
William Deming.

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Litchfield (Cont.) June 13. 1844

J. L. Edwards Esqr.
Dear Sir
My Father, Julius Deming, late of this place, deceased was a pensioner of the United States, under the Act of June 7. 1832, as Deputy Commissary in the Army of the Revolution, at the rate of $480 pr. annum.
I am informed that by some act of Congress, or construction of the Department, since his pension was granted, he was entitled to a larger pension- probably that of a Captain of Cavalry. If so, will you have the goodness to send me the instructions & forms necessary to be observed to enable his children (he left no widow) to obtain the arrears.
I am, very respectfully
Your friend
William Deming

P. S. My Father's declaration with, I suspect, some other statements, are on file at the Office of the Department.

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November 28, 1934

xxxxxxxxxxxxxxx

BA-J/EEL [illegible]
Julius Deming-S.17381 [underlined]
Mrs. F. E. Denmon  Benjamin Glasier-3.39592
1200 Cleveland Avenue
Hobart, Indiana

Dear Madam:

Reference is made to your letter in which you request the records of Julius Deming, Of Lyme, Connecticut, and Benjamin Glasier, of Massachusetts, soldiers of the Revolutionary War.
You are furnished herein the histories of Julius Deming and Benjamin Glasier, the data for which were obtained from the respective claims for pensions, S.17381 and S.39592, based upon the military service of those soldiers in the Revolutionary War.

Julius Deming
S.17381

Julius Deming was born April 16, 1755, in Lyme, Connecticut, where he resided until in April, 1771, when he moved to Colchester, Connecticut. The names of his parents are not shown.
[handwritten to right of following paragraph] Sal. not in [illegible]
While residing in said Colchester, Julius Deming was appointed September 8, 1776, assistant commissary to Colonel Henry Champion, Deputy Commissary General of Purchases and served until September 7, 1777: on May 15, 1778, he was appointed purchasing commissary under Colonel Henry Champion and served until May 8, 1780.

In December, 1780, he moved to Litchfield, Litchfield County, Connecticut, of which place he was a resident when he was allowed pension on his application executed March 26, 1834.
[handwritten in left margin] AB
He died January 23, 1838, at Litchfield, Connecticut.

He left no widow but the following children survived him:

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William, Lucretia and Mary Deming, of Litchfield, Connecticut: Frederick Deming, of Brooklyn, New York, who, in 1844, was president of the Union Bank of New York City: and Charles Deming, of New York City. In 1862, all of the above named children had died except William and Lucretia Deming, still residing in Litchfield Connecticut. The name of the soldier's wife is not shown.

In 1857, Henry Champion Deming, then mayor of Hartford, Connecticut, stated that he was a great grandson of Colonel Henry Champion but did not give his relationship, if any, to the family of Julius Deming. The name of Jonathan Deming appears: no relationship to the family shown.

There are no further family data.

* * * * * *

Benjamin Glasier
S.39592

The date and place of birth and the names of the parents of Benjamin Glasier are not shown.

Benjamin Glasier enlisted in Hardwick, Massachusetts, served in Captain Billings' Company, Colonel [illegible]'s Massachusetts Regiment and was discharged in the fall of 1775, having served eight months: he enlisted in the spring of 1776, and served nine months in Captain Warner's Company, Colonel Holman's Massachusetts Regiment: he enlisted in April, 1777, served in Captain Warren's Company, Colonel Alden's Massachusetts Regiment: in June, 1779, was taken prisoner by a party of Tories and Indians, and while on the road to Niagara, was taken sick and held at a place in the wilderness for twenty days when paroled, after which he returned to Albany. Soldier stated that he was in the battles of Frog's Point, Harlem Heights, White Plains, Stillwater, Cherry Valley, where Colonel Alden was killed, and in a battle with the Indians at Onondaga under Colonel Morgan and that he received three wounds while in the service, nature of wounds and engagements in which they were received, not stated.

He was allowed pension on his application executed April 28, 1818,

-2-

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REVOLUTION

at which time he was aged fifty-nine years and nine months, was a widower and resided in Glastonbury, Bennington County, Vermont.

In 1820, he was living in Sunderland, Bennington County, Vermont, and then stated that his wife, Marissa, whom he had lately married, was aged twenty-eight years. Her maiden name, date of their marriage and name of former wife are not shown, and there is no reference to children.

Benjamin Glasier died April 4, 1834, place not shown.

* * * * * *
Very truly yours

A. D. HILLER
Executive Assistant to the Administrator

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Your orders addressed to Julius Deming, signed Henry Champion and dated
Sept. 8, 1776,
Feb. 5. 1777
Feb. 24. 1777
May 15, 1778
have been removed from this case to be forwarded to the War Department

Sent to War Dept.
Jany. 16, 1913.

Page 22

[left page] J. Deming
Con. Act 1832
[illegible] Hon 
J W. Huntington
May 2. 1834
(Smp?)
Adn C

$480 per an

Hon. J. W. Huntington
H. Q.

[right page] Computed, by directions
of Mr. Sylvester, as Depy.
Comy. for 2 years
$ 480 per annum

18

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[left page] 28359
Connecticut
Julius Deming  died.
of Litchfield in the State of Conn. who was a Depy Comy. in the - commanded by Captain - of the Regt commanded by Col. Champion in the Connt. line for 2 years.

Inscribed on the Roll of Connecticut at the rate of 480 Dollars  Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 15 day of May, 1834 and sent to Hon. J. W. Huntington,

Arrears to the 4th of  [illegible]
Semi=anl. allowance ending

Revolutionary Claim,
Act June 7, 1832.
Recorded by R. Burdine, Clerk,
Book E 2 Vol. [ink blot] Page 10.

[right page] [illegible]

Let. to Dee. of State and H. Q. Ellsworth
23 Nov. 1841.
to W. Deming June 19. '44
to same Jany 8. '45
to same March 17. '45
Let. to Dee. of War July 25. 1848.
Let. to Ben. Colton April 28th 1849.
July [crossed out] June 25. 1849 Sec. of
Interior rejected claim
[illegible]
L. to A H Law [illegible]
7. Jany /56 -
S. A. Peugh, April 24/54
Truman Smith 25 May 1854.
S. A. Peugh May 4, 1857
Same Sept 28. 1857

[written up right side of page] See letter to Sec. Int. May 19/49

Page 24

[left page] Letter to Sec. of State & H. L. Ellsworth
23. Nov. 1841
" " W Deming June 19 1844.
" to Same Jany 8. 1845.
  to same March 14. '45.
Let to Secy of War, July 25. 48
Let to Benjn. Colton
April 2 8 '49

[right page] Connecitcut No.28359
Julius Deming . . . of Litchfield in the State of Connecticut who was a Depy. Comy. in the - commanded by Captain - in the Regt. commanded by Col. Champion in the Connecticut line for 2 years
No. 20

Inscribed on the Roll of Connecticut at the rate of 480 Dollars - Cents per annum, to commence on the 4th day of March 1831.

Certificate of Pension issued the 15th. day of May 1834 and
Hon. J. W. Huntington, H. R.

Arrears to the 4th of Mar. 1834 . . 1,440.00
Semi=anl. allowance ending 4th. Sept. . . . . 240.00
$1,680.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by R. Burdine Clerk,
Book E 2 Vol. - Page 10 -

Page 25

REVOLUTIONARY WAR RECORDS SECTION.  3-525
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
Washington, D. C.,  , 19

In reply to your request of  , received  for a statement of the military history of Julius Deming a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) [crossed out] application for pension on file in this Bureau. S. 17381.
DATES OF ENLISTMENT OR APPOINTMENT. | LENGTH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENDERED. | STATE.
| | | CAPTAIN. | COLONEL. |
Sept 8. 1776 | Apr. 7 1777 | Asst | Commissary under | Henry Champion. |
May 15 1778 | May 8 1769 | Purchasing | Commissary " | " " |

Battles engaged in, None stated
Residence of soldier at enlistment, Colchester, Conn.
Date of application for pension, Feb. 26 1834. His claim was allowed.
Residence at date of application, Litchfield, Litchfield Co. Conn
Age at date of application, born in Lyme Conn. Apr 16, 1755. d June 23, 1838 at Litchfield
Remarks: Children: Frederick; Charles; William; Mary & Lucretia.

Respectfully,

Commissioner.

Page 26

[circular stamp] [reading clockwise, from the left] 1 2 3 4 5 6 7 8 9 10 11 12
RECEIVED
NOV 21 1934
MAIL SUB-DIV.
VETS, ADM.
READER [illegible symbol] 75

[handwritten text] 1200 Cleveland Ave.,
Hobart Ind.
Nov. 15, 1934.
Veterans Adminstration,
Washington, D. C.
Dear Sir:-
Will you kindly send me data of Revolutionary service of Julius Deming, of Lyme Conn.? Name may be spelled Demmon. He died at Litchfield, Conn.
I should also like the

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Rev. War record of Benjamin Glazier (Glazier) of Mass.
Very truly,
Mrs. F. E. Demmon

Page 28

[illegible] pages:
Soldier's affid. Mch 26, 1834 - 5 [illegible]
Epaphroditis Champion's affid. Mch. 20, 1834.
3 [illegible]

Page 29

SUBMIT IN DUPLICATE.  1-681  PHONE Branch 476
All inquiries regarding this job should refer to Requisition No. 33369
Requisition for Duplicating, Addressograph Photostat, and Blue Print Work.
DEPARTMENT OF THE INTERIOR
WASHINGTON
[handwritten to left side of page] Rev. + 1812
CHIEF, Division of Publications,
Room G 137.  June 27, 1929  192
Please furnish work specified below.
Bureau ordering Pensions  Deliver to Room No.
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON FINISHED JOB.)
Title and description of job photostatic copies of eight pages from Rev. War pension claim of Julius Deming, S. 17381.

[oval stamp over following 6 lines] DIVISION OF PUBLICATION
RECIEVED
JUN 25 1929
DEPARTMENT OF THE INTERIOR

No. of copies 1 of each page Shall form be kept standing?  days
For further information see M. M. H. Finch  5033  541
  Room No.  Phone No.
Approved:
A F Wilkinson  Margaret M H Finch
Chief Clerk of Bureau.  Chief of Branch or Division
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering

CHECK WORK DESIRED
Duplicate
Multigraph  single or double space?  Facsimile signature?
Mimeograph  one side of both sides?  Facsimile signature?
Folding  once or twice?
Assembling  
Stapling  Once?  Twice?  Side?  End?
Electric typewriter  Fill in addresses?  Dated?
Addressograph from lists
Envelopes, size  | | | Cards, size | |
Proof list | | | Pay rolls | |
Labels (submit sample) | | | Corrections | |
Fill in letters | | | Tabulation sheets | |
Photostat x Size actual Official use?  Repay? yes $1.20
Blue Print  Size  Official use?  Repay?  $
Remarks
(OVER)

Page 30

SUBMIT IN DUPLICATE
All inquiries rega
[handwritten across preceding text] 8/2

June 27, 1929
Cash - $ 1 20
Commissioner of Pensions
Washington, D. C.

[rectangular stamp, right side of page] FINANCE DIVISION
BOOK-KEEPERS DESK
JUN 28 1929
BUREAU OF PENSIONS

Sir:
Please send me uncertified photostatic copies of eight pages from the Revolutionary War pension claim of Julius Demin, S. 17381.

Mr. L. Effingham de Forest,
242 East 19th street.
New York City.

Received payment
$1.20
June 27, 1929
M. C. Stokes
Rev. & 1812 War Section

ordered through
Miss Kate Curry
(Over)

Page 31

Litchfield Ct. 3d. Dec 1918
Will the Pension Office please inform:
Miss M. P. Quincy
Litchfield Conn. of the price of copying the Application for a Pension by Capt. Julius Deming of Litchfield Conn. of Revolutionary distinction? application dated [illegible] 26 Mch. 1834 - An [illegible]

[written sideways up left side of page] send regular [illegible]
She has never had it.
if [illegible]
[illegible]

Page 32

be appreciated. Very [illegible]
M. P. Quincy

[circular stamp] PENSION
O
DEC
U. 5 S.
1913
OFFICE

Page 33

Washington D C
Apl 25 / 93
Hon Dominick J Murphy
Depy Comr Pensions
Washington D C
My Dear Sir:
My wife who is Regent for the State of Connecticut Daughters of the American Revolution writes me "Why cannot the commissions of the old Revolution pensioners be returned to their [illegible] for preservation in families of the pensioners having long been dead"
What is the rule of the Bureau in reference to any papers of the

Page 34

Revolutionary period filed by applicant for pensions
In this case I refer to Julius Deming Colchester Mass. Capt Com. Dept this mans descendants claim that his commission is in the Pension office.
What have you concerning this man, Please.
Very Truly
DeB Randolph Keim

DeB Randolph Keim

Page 35

[left page]
17 381
INVALID.

File No. 17,381
Julius Deming
Commissary Rev War

Act: June 7th 32
Index:-Vol 1, Page 95
[Arrangement of 1870.]

[right page]
1893 - May
to DeB. Ran
Wax
1909 Feb. 4. The account books of Julius Deming for 1778-1779- and 1780 were sent to the Library of Congress.
1913 Dec. 12: hist to Miss M. P. Quincey.
M. 13. H
1929 July 12. Photos to L. C. de Forest & Fin. [illegible]
1934 - Nov 28 - 2 dist to Mrs. F. E. Demmon
[illegible]

Page 36

State of Connecticut
County of Middlesex  Ss. Easthaddam
Probate District of Easthaddam
On this 20th day of March 1834 Personally appear'd before the court of probate for the district of Easthaddam in the county of Middlesex aforesaid Epaphroditus Champion a resident of Easthaddam aforesaid aged seventy seven years who being duly sworn according to law in open court deposes and says.
That in the summer of 1775 Colo. Joseph Trumbull of Connecticut was appointed by Congress Commissary General of stores and provisions and had the entire charge of feeding the army from that time to near the close of the campaign of 1779 ~ According to the best of my knowledge and belief he was not in the habit of giving formal written appointments to those he employ'd to act under him otherwise than by occasionally instructing and directing them by letters - The different grades and titles of commissaries being not in use at that time.
From the beginning of the year 1776 until sometime after Congress (owing to depreciation) had ceas'd to issue old continental money which was the for part of the year 1780 my father Colo. Henry Champion of Colchester in Connecticut by the assistance of his purchasing commissaries furnish'd by far the greatest part I believe I may say almost the whole of the beef cattle and fresh provisions for the use of the army in New England Newyork New Jersey and Pensylvania with the exception of the northern army in 1776 and 1777 - also with the exception of four month viz November and December 1777 and January and February 1778~  That

Page 37

That in April 1776 I joined the main army then assembling at Newyork and had the charge of the beef cattle and other fresh provision and the distribution of the same dress'd or alive as circumstances requir'd to the issuing commissaries - I continued in this service until October 1777 - In August 1776 I was taken sick and the day after the battle of Long Island (August 28th) was removed to East Chester my place being supplied by Capt. John Isham of Colo. Chester's regiment - Capt. Isham rejoined his regiment previous to the battle of Harlem heights which was on the 16th of September~
Colo. Henry Champion deputy commissary engaged and appointed Julius Deming to go to the army and take charge of the beef cattle get them butcher'd and deliver the meat to the issuing commissaries &c He Julius Deming arrived at the army on York Island about the time I believe the very day of the battle of Harlem heights September 16th and attended to that duty until the army moved from York Island to White plains where he joined me (I having fully recover'd from any sickness) with the beef cattle he had on hand October 22nd a few days provisions to the battle of White plains which took place on the 28th of October ~
He Mr. Deming remained with me at White plains North Castle and Peekskill - From some time in the month of January 1777 to the latter part of April 1777 he resided at Peekskill and had the charge of ordering in and receiving the beef cattle and supplying the troops at Peekskill and at several other military ports in that quarter
He

Page 38

He Mr. Deming joined me at the main army in New-Jersey the beginning of July 1777 and remained with me in receiving providing for and delivering beef cattle for the use of the army until the latter part of August 1777 when a change in the commissary department took place in consequence of the regulations of Congress of June 10th, 1777 when he left the army and return'd to Connecticut-
Another change in the commissary department took place in May 1778 in consequence of the resolves of Congress of April 14th, 1778 placing the department on commissions - Mr. Julius Deming was then appointed a purchasing commissary by Henry Champion deputy commissary general of purchases and gave the bond and took the oath requir'd - He continued to act in that capacity until some time in the spring of 1780 - In addition to other duties he employ'd drovers to receive the beef cattle from the purchasing commissaries in Massachusetts and Connecticut and forward them to the army at different places and settling with the drovers for these expences - His expenditures were among the largest of the expenditures of Colo. Champions purchasing commissaries - His duties were constant and arduous and efficiently executed ~
According to the best of my knowledge and belief Julius Deming Esqr. is the only one now living of all who were Colo. Champion's purchasing commissaries except myself
Epaphroditus Champion
Sworn to and Subscribed by Epaphroditus Champion before the Court of Probate for the District of Easthaddam this 20th day of March A.D. 1834. In testimony whereof I have hereunto caused the seal of this Court and my signature of office to be hereunto affixed on the day and year last aforesaid - Test John C Palmer Clerk of Probate for East Haddam District -

Page 39

I John C Palmer Clerk of the Court of Probate for the District of East Haddam hereby certify that it is the opinion of this Court that Epaphroditus Champion who has this day sworn to and subscribed the foregoing deposition before this court is a person of credibility and veracity and that said deposition signed by him is entitled to full faith and credit - In testimony whereof I have hereunto affixed my signature and the seal of this court this 20th day of March A.D. 1834-
Test John C Palmer Clerk -
[illegible]

[written sideways up right side of page] 30.862

Page 40

No. 6

Copy of Julius Deming
[illegible] Certificate

Page 41

Know all Men by these Presents, that we Julius Deming, Jonathan Deming & Epaphroditus Champion of Colchester in the State of Connecticut are holden & stand firmly Caused and Obliged unto the Honorable Henry Laurens Esquire President of Congress in the full and whole Sum of ten thousand Dollars to be paid to the said Henry Laurens of to his Successor in Office to the which [illegible] well & truly be made and done we the said Julius Deming Jonathan Deming & Epaphroditus Champion do find Ourselves [illegible] Executors & Administrators firmly by these Presents signed with our Hands & Sealed with our seals. Dated at Colchester the twentieth Day of August Anno Domini One Thousand Seven Hundred and Seventy Eight
The Condition of this Obligation is such that if the above [illegible] Julius Deming Shall well and truly execute the Office and Trust of an Assistant Commissary of Purchases in the American Army according to the Stipulations of Congress regulating that Department then this present Obligation to be said and aforesaid Effect but in Deficitt thereof shall [illegible] remain and abide in full [illegible] Strength & every [illegible]
Signed Sealed & delivered  Julius deming
in presence of  Jonn. Deming
Ep. Champion
Samuel Bridges
David Clark  [illegible] Copy of Original
[illegible] Julius Deming

Page 42

State of Connecticut
County of Litchfield  Ss Litchfield
Probate District of Litchfield
On this 7th day of May AD 1834, Personally appeared in open Court, before the Court of Probate for the district of Litchfield in the County of Litchfield and State of Connecticut now sitting, Julius Deming aged seventy nine years a resident of the town of Litchfield in the Probate District County & State aforesaid who being first duly sworn doth on his oath testify & say; that on the 15th day of May AD 1778 I was appointed by Col. Henry Champion D. C. G as purchasing commissary on a commission of two per cent. The nature of a part of my business required me to make large advances of money to my drovers & other men stationed by me at various places, such as, Newport, Providence, Peekskill Fishkill &c as receivers of beef cattle & sheep for the use of the Army before any settlement could be made by them for their expenditures; for this reason I have no charge made for disbursement in the month of May, as no account had yet been rendered, and but a small charge in the month of June, as account had as yet hardly began to [illegible, crossed out] presented for settlement. In many cases two or three droves of cattle were taken on to Head-Quarters by the same Drover before it was convenient to make a settlement; and the men stationed by me at the distant places as receivers of cattle could not make up their accounts for settlement under several months; for these reasons my monthly accounts cannot be brought to any precise standard of amount but by a general average: for in some months the charges were more, & in others less as accounts came in for settlement or purchases made.
My monthly charges made out from my original books now before me, for accounts settled with the men by me employed as drovers, and others at their various stations, and for my purchases of beef cattle & sheep for the Army are as follows

Page 43

1778 | Amount of disbursements monthly | amount of Commissions monthly | Specie Value by scale of Congress 
May | / ,," | // ,," | // ,,"
June | 749 70 | 14.99 | 5.33
July | 9685 90 | 193 70 | 59.93
August | 17820 33 | . . 358 40 | 96 75
September | 6250 70 | 125 01 | 29 14
October | 36752 35 | 735 04 | 147
November | 7443 | 148 86 | 25 34
December | 7970 68 | 159 41 | 23 41
1779 January | 24576 57 | 491 53 | 61 70
February | 69283 36 | 1385 66 | 148 60
March | 61059 22 | 1211 18 | 116 50
April | 44262 16 | 885 24 | 80 01
May | 19202 26 | 384 04 | 30 18
June | 69151 94 | 1383 03 | 98 50
July | 32505 34 | 650 10 | 41 98
August | 64835 96 | 1296 71 | 75 83
September | 97945 41 | 1958 90 | 102 62
October | 88560 12 | 1771 20 | 82 33
November | 105852 66| 2117 05 | 81 52
December | 129374 19 | 2587 48 | 94 38
1780 January | 92689 80 | 1853 79 | 59.48
February | 213870 46 | 4277 40 | 121 05
March | 132280 75 | 2645 61 | 66 12
April | 131707 82 | 2634 15 | 65.85
$1,713.55 being a monthly average for the period of twenty four months, of seventy one dollars & thirty nine cents, reduced to Specie - I will respectfully suggest for the consideration of the Department, that as the scale of depreciation attaches to the time when the accounts were settled [underlined], & not to the previous period when the monies were actually advanced [underlined], the increased depreciation has the effect of

Page 44

decreasing the average of my monthly pay.
The original books from which the above abstract is taken are voluminous, but should the Department desire them, they are entirely at its disposal & would be forwarded on the first intimation to that effect.
Julius Deming

State of Connecticut Ss.
Litchfield in the Probate District of Litchfield, May 7th AD. 1834.

Personally appeared Julius Deming Esq. to me well known, & made Oath that the preceding affidavit, which he subscribed in my presence, is the truth, the whole truth, & nothing but the truth, I further certify that the said Deming is a Gentleman and of unquestionable veracity.
In testimony whereof I hereunto set my hand & affix my official Seal the day & year above written.
Frederick Wolcott, Judge of Probate District of Litchfield, Connecticut.

Page 45

[illegible]
April 25. 1834
Dear Sir.
I enclose you the certificate regarding the character of Mr Deming - This signed by the whole of the connect. delegation except W Ellsworth, who, you know, is now absent at Philadelphia on [illegible] business -
Yours
J. W. Huntington

Page 46

War [illegible] April 25. 1834.
To the Commissioner of Pensions
We certify that Julius Deming Esq. of Litchfield, (Connt.) sustains, as he nicely deserves, a pure & unblemished character. No gentleman of our acquaintance, is more distinguished for truth & integrity than Mr. Deming, & full & entire confidence may be placed in any statements which have the sanction of his name or authority.
Noyes Barber
Saml. A. Food
J. W. Huntington
Ebenezer Young
Samuel Trundy
G. Tomlinson
Nathan Lincoln

Page 47

[upside down] & Julius Deming
N hill

[circular stamp] LITCHFIELD
FEB
12
CON

Hon. J. L. Edwards
Pension Office
Washington D. C.
91

[upside down] Feb. 15. 1845.
Rev. case of
Nathan Stevens

Page 48

Litchfield, Ct. My. 11. 1845
Sir
About the time of the receipt of yours of the 8th ult. I was informed by Cha Bacon Esqe. of this place, that Nathaniel Stevens Esqe. of Canaan, in this County, obtained an increase of pension, on behalf of the heirs of his late Father, Nathaniel Stevens, Sen. (who was Assistant Commissary Gen. in the Revolutionary Army) under circumstances precisely similar to those under which I brought my application. I communicated with Mr. Stevens who confirms the statement & gives me the following particulars.
Mr. Stevens says, "My Father, Nathaniel Stevens, was a Deputy Commissary General in the war of the Revolution. He died in 1831. The Act which provided for his class of pensions was passed in 1832."
"Under the Act of 1836, we recovered pay from 4th. March 1831, to the time of my father's decease, i.e. the fall of 1831."
"The widow obtained under the Act of 1838, a five years pension from 4th. March 1836 to 4th. March 1841, at the rate of $480 per annum, for full pay - but afterwards recovered to make it up to $600 pr. annum, under the Act of 1832, claiming the rank to be at least equal to the highest grade of Captain. The claim was established, & the difference paid." [underlined]
Mr. Stevens further says, "I succeeded also in raising the pension, for the heirs of one of my father's Assistants, Benjamin Stevens, from $320 to $600 pr. annum, [underlined] on the ground that the original pension was below the rank." [underlined]
The above statements of Mr. Stevens are no doubt correct,

Page 49

& can be confirmed probably by reference to the files.
It is impossible for me to distinguish the above cases from my father's. -I have shown them to Gov. C Woodruff Esqe. who is familiar with the pension laws, & has had much to do under them,  & he pronounces them to be exactly parallel. One or two other legal gentlemen, of the highest standing, are of the same opinion,-

I am aware that your Department is liable to be very much annoyed by speculators & applicants for pensions, who have not a shadow of claim to the benefits of the law; & that the strictest scrutiny is necessary to prevent imposition.- Some time ago, I was applied to, by a pension agent [underlined], for authority to procure for the heirs the increase of pay for which I am now applying. I declined at once to employ him - but the circumstances put me on the examination of the subject, & I am convinced that, by the "Regulations issued from the Department of War, Pension Office, July 27. 1832, for carrying into effect the Act of Congress passed June 7. 1832," giving the constructions of that Act, - & by the practise of the Department under it, as shewn especially by the two cases I have cited, my claim is clearly brought within the provisions of that Act. - I believe it, moreover, to be founded on the strictest principles of equity & morality [underlined] - otherwise, I should not dare to bring it. One half of the money is designed for a needy relative, to whom it will bring essential relief.-
I am personally known to Hon. J. W. Huntington, of the Senate, to Hon. H. L. Ellsworth, of the Patent Office, & (by correspondence) to Hon. J. C. Calhoun, all of whom, I hope, will testify that I should not be likely to urge a claim in any way connected with injustice to the public. May I not hope that the certificate with be forthwith granted?- In your last, you

Page 50

observe, that "the pension cannot be increased upon the papers now on file." [underlined] Will you have the goodness to inform me what further papers or testimonials are required, that I may procure them.

very respectfully
Your obt. servt.
William Deming

Page 51

J L Edwards Letter to Mr. Deming reporting the objections to his further claim
March 17  1845

Papers viz
Julius Deming
case

Page 52

Julius Deming
applict for
Pension

10

look at this
case & that of
Daniel Trumbull-
appeals-

Pension office
for report

Page 53

Pension Office,
Sir,  March 17th 1845.
In answer to yours of the 11th February last, you are respectfully referred to my letter of the 8th January, 1845, wherein it is stated that, on an examination of the claim of Julius Deming with the documents accompaning it, it appears that his [underlined] employment was made a Civil Contract, consequently not embraced by the pension laws. The establishment and allowance of other claims upon proof of military appointment [underlined] and service cannot change the civil service of Julius Deming and make it Military also.

I am, Very respectfully
Your Obt. Servant.
Go W Crump

William Deming, Esq
Litchfield

The letter referred too in the above, signed by G. W. Crump

Page 54

William Deming, Esq
Litchfield

The letter referred too in the above, signed by G. W. Crump "of the 8th of Jany. 1845" stated "that Julius Deming recd. his pay for his services as a purchasing Commissary of a pr. ct. age on the amt. of his purchases, and argues, and infers [underlined] by the method of his receiving his pay for his services, that he acted in a Civil Capacity & not Military, & therefore the Pension law had made no provision for his Case"
It was further stated in that letter referred too by Dret. Crump "that the Pension Dept. was Not satisfyed that Julius Deming's Case was provided for; but was adjusted by direction of the Sec.y of War at the pay of a Capt. of Infantry" ~
If the arguments and Objections made by the pension Dept. are well founded and correct, Julius Deming recd. at most 8 ys. pension at 480 Dols. pr. annum un-lawfully & unjustly, and the Secy. of War who directed the claim to be allowed, is made censurable in his official capacity of favoritism or a mis-construction of the law & applying to his Case ~
If the objection of the Pension Dept. are Not correct, Julius Deming did Not receive in his life time, the amot. of pension which the law had provided for him, as it appears by the Journals of Congress they were entitled too and in the actions and proceedings of the Pension Dept. in allowing most all the Commissaries in Connecticut at the rate of 50 Dols. pr. month or 600 Dols. pr. annum
Refference is respectfully made to a certificate signed by Henry Fowler Chief Clerk in the Pension agency at Hartford Connt., showing that some fifteen or sixteen cases of commissaries, had been increased up to the rate of 50 Dols. pr. month or 600 Dols. pr. annum - the certificate accompanies the papers in the claim of the heirs of [illegible]

Page 55

Litchfield (Connt.) June 16. 1848.

Hon. William L. Marcy
Sir
My Father, Julius Deming; late of this place, deceased, was a pensioner of the United States, under the Act of June 7. 1832, as Deputy Commissary of Purchases, in the Army of the Revolution, at the rate of $480 pr. annum.

Under date of June 13, 1844, I applied for an increase [underlined] of pension, on the ground that, by the construction & allowance of the Department, my Father was entitled to the pay of a Captain of Cavalry.
To this application the Commissioner replied that the increase of pension could not [underlined] be allowed, for the reason that my father received, as compensation for his services a "commission of 2 pr.Ct. on his purchases," & not a "stated monthly pay," & from this fact the inference was drawn, that my father "acted in a civil & not a military capacity."
The objections [underlined] are without force, & the inference [underlined] altogether unwarrantable, as will appear from the following

"Extracts from the Journals of Congress, of June 1777, shewing the pay allowed to Commissaries."

"To a Commissary General of Purchases, [underlined] each, 5 Dolls. per day & 6 rations.
"To the Deputy do - do - 5 " - 4 "
To Assistant do. - do. - 4 " -
To Commissary General of Issues - 150 Dolls. pr. month, & 6 rations
To Deputy do.  do.  75 " - - 4 "
"From Journals of Congress of Jany. 12. 1781.
"To a Commissary General - 100 Dollars per month
' To Deputy - do. - 80 - -

Page 56

"To Commissary - 70 Dollars pr. month
"To Deputy do. - 55. - -

It appears also, from the journals of Congress, that, at a particular period of the War, & probably for particular reasons, (such as ensuring increased vigilance, activity, &c.) a class of commissaries were [underlined] appointed, who should receive pay for their services by a per centage [underlined] on the amount of their purchass:- but there is nothing in the law that makes their duties [underlined] less laborious, dangerous, difficult, or responsible [underlined], than the duties of those commissaries who received "a stated monthly pay"; [underlined] and surely their duties & stations [underlined] could not be made the less of a military character [underlined] nor the grade, rank, character, & quality of their services [underlined] be altered [underlined] by the manner [underlined] in which they should receive their compensation.
That my father was in the receipt of 50 Dollars pr. month, specie value, appears by a tabular statement now on the files of the Department: & the fact that his claim as Commissary of Purchases, under the law of 1832 was allowed by the Secretary of War [underlined], a higher authority than the Commissioner, would seem to take the case out of the jurisdiction of the Commissioner, and to leave him nothing to decide. [underlined]
It was therefore with great surprise that I learned that he had declined to grant the application.

The increase of pensions now applied for, it is understood has been allowed to nearly all the Commissaries of different grades and ranks (amounting to 15 or 16) who have been pensioned in Connecticut, & whose pensions have been raised from 320, & 480, to 600 Dollars per annum. This fact is said to appear from the "Roll of Pensions at the Agency in Hartford." [underlined] If doubted, the documentary evidence can easily be obtained. Without further detail, I appeal [underlined] therefore from the decision of the Commissioner, to yourself, confidently hoping & believing that his opinion may be reversed. -With great

Page 57

respect, I have the honor to be
Your obedient servant,
William Deming.

Page 58

Woodbury Ct
June 19th 1848
Dear Sir
I recd. you Letter of the 11th inst. informing me that you had [illegible] your papers over, and I could Not find the Deming papers - I went up to Litchfield the Next day after the rect. of your letter and found that Wm. Deming had returned a copy of his letter of appeal to Secy. Marcy, which I Now send you, together with a certificate from the Clerk of the Court of Probate, showing the date of the death of Julius Deming & his surviving lawful children to whom the claim if allowed will be awarded specifically - I also send you a letter from Doct. Crump to Wm Deming referring to a letter of the 8th of Jany. 1845 for more particular objections to allowing an increased objections [crossed out] Pension & that letter was among the papers I sent to you, and and [crossed out] cannot now be found, and I have appended to Doct. Crumps Letters a statement of the principle objections to allowing the claim, which you will notice is uppon the alleged ground that in consequence of Julius Deming's receiving his pay for his services, it was [crossed out] on a pr ct. age on the amot. of purchases, & that particular method in receiving is compensation for his services, was conclusive evidence in the Opinion of Edwards & Doct. Crump that he acted and served in a Civil Capacity, and therefore was not entitled to a pension although it is admitted that the claim was adjusted by direction of the Secy. of War, and Convict, him

Page 59

of an unlawful and unjust act in his Official Capacity - you are probably aware that Edwards & Doct. Crump are fruitful in making nice & technical points in Cases, in order to make objection to Claims to have the Credit of protecting the Treasury from all attempted frauds & Squandering the public money, and that is probably one greate reason why they have been So long retained in their respective positions - If Julius Deming was entitled to any pension at all for his services as a Commissary it is clear, and evident from the actions and proceedings of the Pension Dept. in allowing most all the Commissioners in this State at the rule of 50 Dols. pr. month or 600 Dos. pr. annum, as is shown by the certificate of Henry Fowler Clerk in the agency at Hartford, accompaning the papers in the Case of the heirs of Sarah Trumbull, that Deming did not receive the same compensation that has been allowed others that acted in the same grade and capacity - I think you had better particularly call the attention of Secy. Marcy to Henry Fowlers Certificate showing that from the records of the agency at Hartford that 15 or 16 Cases of Commissaries of Various grades had been increased up to ^ the rate 50 Dols. pr. month or 600 Dols. pr. annum - Mr. Fowlers certific. is not a properly authenticated document, and I think your sufficiently acquainted with Fowlers hand writing to certify to its being genuine
It now remains to be ascertained whether Secy Marcy will repudiate the actions & doings of a former Secy of War

Page 60

in favor of the sound and logical arguments and opinions of Edwards and Doct. Crump and make it appear that Julius Deming late of Litchfield recd. almost 4000 Dols. from the U States Treasury un-lawfully & un-justly
You are probably aware that all the Deming family are quite wealthy, and it is Not so much for the sum that may be recovered that this Claim is now reported, as it is that Justice and equity should be honestly and fairly be done to their decd. fathers Revolutionary services, and I hope and trust, you will urge Secy Marcey to an immediate action upon the Trumbull & Deming Cases, as it does appear to me that it will take up but little of the Secy. time in disposing of them ~

Wm. Deming is the only one of the sons that reside in Litchfield, & he is a Democrat, and a greate friend of John C. Calhoun with whom I believe he was in College, and is very inthusiastic in his praise, notwithstanding he haves a high opinion of your good sound sense & Talents, as well as your honesty - He however has quite a different opinion of Truman Smith with whom he told me the other day, he was not on speaking terms with him - He is a man of [illegible] strong prejudices & very particular & precise in his method of doing business, and was quite sensitive because the papers could not be found, and he instructed me to ask you to acknowledge the rect. of these papers as soon as they Came to hand ~

Page 61

I as you are probably aware, have not layed up in store, but a little of this worlds treasurs, and never expect but a little, any more than to make me comfortable, & keep me out of the poor-house, and I have not been carring much for a year or two past, and have had some flattering hopes of deriving something hansom out of these two cases, and as I have repeatedly said to you, that if you get them allowed you shall have such a share of the fees as you think you ought to take ~
I have a little property that my Brothr. Whiting Colton left in Indianna on his death there a few years since, and I have been thinking for two or three years past of making a journey out there to see to it, & have been contemplating of going there this spring & have been particularly anxious that those two cases should be acted upon and disposed of before I made up my mind to start, as my going or not would in some measure depend upon the favorable success of the action on the cases, and I therefore hope you will get an action upon them as early as practicable ~
It is now extremly warm and dry here, & vegitation of most all kinds is suffering very much for the want of rain - For a week or two previous, it has been un-usually cold, so much so that we were obliged to wear over-coats & had Frosts for two or three nights but did not do much damage - The weather here for a month past has been very changable & disagreeable, and for 4 or 5 days past extremly warm & very sultry as much so as I ever knew it
With much respect yr [illegible]
Benjn. Colton
Honl. J. M. Niles
Washington

Page 62

County of Litchfield
State of Connecticut
Probate Court for the District of Litchfield

It is hereby certified that Satisfactory evidence has been exhibited before me Judge of the Court of Probate of said District, that Julius Deming was a Revolutionary Pensioner of the United States at the rate of $480, per annum, that he died in said Town on the 23 January 1838 having surviving him ^ no widow & five children whose names are Frederick Deming, Charles Deming, William Deming, Mary Deming, & Lucretia Deming of those, Frederick Deming, Charles Deming, William Deming & Lucretia Deming are the only [underlined] surviving children & that Frederick Deming aforesaid is executor upon the estate of the said Julius Deming.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 24th day of October 1850,
Oliver A. G. Todd Judge
[circular seal to the left]

Page 63

Washington D. C. Oct. 29. 1850
James L. Edwards Esq
Commr. of Pensions,
Sir,
I have the honor in behalf of Wm. Deming, son of Julius Deming ^ of Connecticut to present his claims for himself & the other children for an increase of Pension from #480 to $600 per annum.
Very Respectfully
Your Obt Servt
A. H. Laurence

Page 64

Washington city Decr 22 1852
James E Heath Esq
Commr of Pensions
Dear Sir I respectfully invite your attention to the case of the Heirs of Julius Deming formerly of Litchfield Conn being an application for an increase of Pension and also to the case of the Heir of Elizabeth Storrs widow of Samuel Storrs formerly of Middletown Connecticut being an original application & to request you to take up said cases & dispose of them at Your Earliest Convenience with much respect I am truly & faithfully Yours
Truman Smith

Page 65

Washington City D. C.
3d March 1853 [or 4]
Hon L. P Waldo
Sir-
In the case of Julius Deming of Ct. (admitted act 1832.) the only question invoked in the increase contended for has been settled by Secy. Stuart, in the case of Jonathan Trumbull from [illegible] act.
I respectfully ask that the increase [illegible] Deming Case may thereof be granted.
[illegible],
S. A. Peugh

Page 66

Senate Chamber,
April 17th, 1854,
Hon. L. P. Waldo.
Sir
I beg leave to request that the Claim of Julius Deming late of Connecticut, and late a Pensioner on the Ct. Roll at the rate of $480. [underlined] may be re-examined and increased to $600. [underlined]
The case of Deming is precisely analogous to that of the late Jonathan Trumbull's widow whose pension was increased to $600. [underlined] per annum and the character of the service similar.
I am &c.

Washington Apl 18. 1854
My dear Sir I [illegible] esteem it a personal favor of you [illegible] reexamine this case.
Hon L P Waldo  Very  truly yours  J Toucey
Conn

Page 67

Washington Apl. 18/54
My Dear Sir,
I cheerfully concur in the [illegible] request
Yours &c
O S Seymour

Hon: L P Waldo

Page 68

Washington city April 21st 1854
Dr Sir
The Heirs of the late Julius Deming Esq formerly of Litchfield Conn are asking for an increase of pension from $480 to $600 per annum - he was a Commissary in the war of the Revolution & the family are among the members of my particular friends You will therefore finally oblige me if you will have the subject attended to at an early day  truly & respectfully yours
Truman Smith

L. P Waldo Esq
Commr of Pension

Page 69

Washington City D, C
27th April 1854
Hon G. C. Whiting
Com of Pensions
DrSir

I will thank you for a copy of the decision in the case of Julius Deming of Ct. by the Secretary of the Interior rejecting the Case: or for the [illegible] reasons [illegible] to the secretary by the Comr. of Pensions upon which the rejection of the [illegible] was predicated.
It is an admitted case [illegible] the state of Connecticut at $480, per ann
I am very Respectfully
your [trails off into squiggles]
S. A. Peugh

Page 70

Honl. Geo. C. Whiting,  Washington City, D, C,
Commissioner of Pensions  June 1857,
Sir  I am in the receipt of yours of the 4th May in reply to mine of the 25th April 1857:- also of a copy of the letter of the office to the Honl. Truman Smith of 25. May 1854 in the case of Julius Deming of Cont. for increase of pension.
In your of the 4th. [illegible], it is stated that, "the case will "will be reopened upon the production of new and [illegible] additional evidence [illegible] upon showing any palpable error either in law of "in fact in the adjudication [illegible] made."
In the history of the allowance of the proper amount of pension & many of the State Offices it is known to the office that Commissaries were originally allowed but $320, that they were afterwards increased to $480, and subsequently to $600, per annum,
These different allowance having each been made, upon the discovery of the Resolutions of the Continental Congress showing the pay or Compensation granted by that body at different periods during the American Revolution, and have the increase from the least to greatest of these sums, and in granting the increase in any one case in the same Class the principle applies to the whole Class.  (When the cases of Julius Deming, Epaphroditus Champion and Mary Trumbull it was of [illegible] time where assistance Commissaries were increased to $480. Otherwise these cases would have been admitted at $600 instead of the $480 the previous allowance. Subsequently it was decided that all Commissaries were entitled to $600, and the increase in each case was granted as they were presented.

Page 71

In presenting the case of Deming for the proper increase, a question arose as to the basis upon which to adjust the amount of pension and the ^ Pension office refused the increase and an appeal was taken to the secretary of the Interior in 1849, and the Secretary confirmed the views of the Pension Office. These views as appear from the letter of the Pension Office under date of 25th May 1854 to the Honl. Truman Smith, are couched in the following language, x x "The office refused to make the allowance "because Commissaries of Purchases received no daily " Monthly or annual pay for their services but were "given by the act of Congress a Commission or pr. centage " on sums passing through their hands,"
It is true as the Commission states, "that Congress gave" them (Commissaries of Purchases) a "per centage" on all sums passing through their hand" but it is not true, that Commissaries of Purchases were allowed no stated daily, monthly, or annual [underlined] pay for their services.  The monthly pay of Commissioners of Purchases was fixed by a law of Congress dated 17th May 1777, [underlined] and the law of Congress giving Commissions on disbursements was passed 14th Jany. 1778, - being merely to enlarge the pay of this important branch of the service and to stimulate activity in procuring the requisite supplies of food & provisions for the army.  This very [illegible] (the [illegible]) is now the law by which the pension of all Commissaries is now graduated, [illegible] can be more palpable than this. ,[underlined] There is another fact in connection with this Case that the Office seems to have entirely [illegible]

Page 72

This very case of Deming is already as much admitted by the Secretary as the allowance of any case involving a principle does a whole class of cases in the allowances of the Cases of Champion & Trumbull.
They all served in the same capacity, were contempory of each other, and performed precisely similar duties each [illegible] alike for the faithfull performance of their respective duties & when the case of Trumbull was taken to Secretary Stuart he granted the increase to $600, This decision is valid in the one case must be binding in the other. It can therefore no longer with any official propriety be said that the Pension office cannot admit the increase : and [crossed out] under the decision in the case of Trumbull, it remains only for the Pension office to issue the certificate or totally disregard the force of the decision in the two cases refered, and the law authorising the allowance.
Very Respectfully
S. A. Peugh

See case of Mrs Blaine of Phede.
widow to Blaine, [illegible] $600,
[illegible]

Page 73

State of Connecticut,
Hartford, June 23d. 1857.

I Henry Champion Deming, Mayor of the City of Hartford, a Great Grandson of the late Col. Henry Champion, Deputy Commissary General of Purchases in the War of the Revolution, do hereby certify, that I have in my possession a portion of the original Manuscript Books and Papers of the family formerly belonging to said Champion; among them are two Books, containing accounts with Purchasing Commissaries, from which the following are Copies, to wit:-
"Julius Deming Dr.
"June 20, 1778. | To Cash p. 3. Book B. | £ 378 | 13 | 8
"  25. | To Cash p. 4.  do. | 90 | | 
"  29. | To Cash p. 4.  do. | 300 | | 
"July 2. | To Cash p. 6.  do. | 5.400 | | 
"  11. | To Cash p. 7.  do. | 1.400 | 18 | 10
"Augt. 9. | To Cash p. 8.  do. | 9.000 | | 
"Sept. 25. | To - - - p. 12.  do. | 11.041 | 9 | 6
"Oct. 31. | To - - - p. 15.  do. | 284 | - | -
| £27.895 | 2 | 0
"Nov. 3. | To Cash pr. Rect. | 500 | - | -
Settled - - - | £28.395 | 2 | 0."

"Credit.
"1778.
"Nov. 10. By his acct. of £| 21.835 | 17 | 3
By his Receipt | 6.559 | 4 | 9
"Settled, £| 28.395 | 2 | 0."

Page 74

"Julius Deming, P. C. pr. Receipt Dr.
"Nov. 10. 1778 £| 6.559 | 4 | 9
" 13. ~ To Cash pr. Receipt, p. 1. Book C. | 16.500 | ~ | ~
"Decr. 3. ~ To Cash pr. ~ " 4.  do. | 843 | 7 | 5
" 17. ~ To ~ pr ~ " 6.  do. | 9.900 | ~ | ~
"Jany. 18. 1779. To ~ pr. ~ " 8.  do. | 26.400 | ~ | ~
"Febr. 16. ~ To. ~ pr. ~ " 10.  do. | 4.428 | | 
"March 13. ~ To. pr ~ ~ ~ " 11.  do | 9.900 | |
"April 11. ~ To. ~ pr. ~ " 14.  do. | 17.100 | |
"May 9. ~ To ~ pr. ~ 16.  do. | 13.200 | | 
£| 104.83- | 12 | 2

"1779. Credit
"May 15. By his acct. of Purchases £| 65.666 | 1 | 4
" ~ By his Rect. | 39.164 | 10 | 10
£| 104.830 | 12 | 10."

"1779. Julius Deming P. C. Dr. | | |
"May 15. To p. 17. Book C.  £| 39.164 | 10 | 10
" 25. To p. 19. ~ do. | 11.400 | ~ | ~
"July 5. To p. 24. ~ do. | 13.200 | |
" 27. To p. 28. ~ do. | 16.500 | |
"Aug. 27. To. p. 1. Book D. do. | 16.500 | |
"Sept. 20. To p. 4 ~ ~ do. | 8.000 | 2 | ~
Oct. 17. To p. 4. ~ ~ do. | 57.000 | |
Nov. 7. To p. 6. ~ ~ do. | 11.400 | |
" 12. To p. 7. ~ ~ do. | 28.500 | |
" 30. To p. 8. ~ ~ do. | 11.400 | |
"Decr. 11. To. p. 8. ~ ~ do. | 1.596 | |
" 11. To p. 8 ~ ~ do. | 11.400 | |
£ | 226.060 | 12 | 10

"Credit
"Decr. 11, 1779. By his Acct. for £ | 113.893 | 10 | 4
"~ ~ ~ ~ ~ ~ ~ ~ ~ ~ By his Rect. for. |112.167 | 2 | 6
£ | 226.060 | 12 | 10."

Page 75

"Decr. 14. 1779. To p. 9. Book D. £| 112.167 | 2 | 6
"Jany. 2. 1780. To. p. 9. ~ do. | 1.428 | |
" 21. " To p. 9. ~ do. | 51.600 | |
" 26. " To p. 10. ~ do. | 7.980 | |
10. " To p. 10. ~ do. | 5.700 | |
14. " To p. 11. ~ do. | 3.293 | 2 | 6
21. " To p. 11. ~ do. | 35.565 | 10 |
"March 6. " To p. 12.  ~ do. | 2.468 | 6 |
" 13. " To p. 12. ~ do. | 899 | |
" 20. " To p. 13. ~ do. | 9.098 | 10 |
" 31. " To p. 14. ~ do. | 7.029 | 15 |
"Apr. 6 & 10. " To p. 14. ~ do. | 1.025 | 2 |
" May 1. " To a Credit in his Act. | 216 | 19 |
" ~ ~ ~ ~ ~ ~ " To Cash | 8.474 | 7 | 9
"Settled £ | 246.945 | 14 | 9."

"May 1, 1780. By his Acct. for £ | 246.567 | 7 | 3
" By a Rect. from Israel Champion | 378 | 7 | 6
"Settled ~ £| 246.945 | 14 | 9."

Henry Champion Deming
State of Connecticut
County of Hartford Ss On this 23d day of June A.D. 1857 personally appeared Hon. Henry Champion Deming to me well known as a credible person and made oath that the same is true before me.
Geo. Robinson
Notary Public
[circular seal to the left side of page]

Page 76

Pension Office
Sept. 28, 1857.

Sir:

As the Secretary of the Interior has decided that the children of Revolutionary officers and soldiers are not entitled by law to pension allowances, the application of the children of Julius Deming deceased of Ct. for increase of his pension allowance under the Act of June 7, 1832, is rejected.
I am, very respectfully,
Your Obt. Servant,
Geo C Whiting
Comissioner.

S. A. Peugh, Esq.
Present.

Page 77

Col. William Deming
20th Jany,, 1864
and 25 " "

[traces of a shield-shaped stamp, upside down, illegible]

Page 78

Litchfield Cont. Jany. 20 '62
S. A. Peugh Esq.
Dear Sir:

The only surviving children of the late Julius Deming are myself (William Deming) & Lucretia Deming.

I am agreeably surprised to learn after so long a time, that there is a prospect of success. - Will you be good enough to acknowledge the receipt of this, & to state, in brief, the grounds [underlined] of your hope of procuring the pension.
Very respectfully
yours
William Deming

Page 79

Washington D C.
Hon.. J. H. Barrett  30th Jany.. 1864
Comr o Pension
Sir
I herewith enclose additional evidence in the case of Julius Deming a pensioner on the Ct. Roll for increase of Pension from $480 to $600 per annum. The only Case of Record to my knowledge where an assistant Commissary or a Clerk to a Commissary does not receive $600 pension for two years service is the Case of Deming. I therefore make no doubt that the proper increase will be granted.
I am very Respectfullly
your [illegible]
S. A. Peugh

Page 80

STATE OF Connecticut
District COUNTY [crossed out] OF Litchfield ss. Litchfield

It is hereby certified that satisfactory evidence has been exhibited before me Chas. Adams Judge of Probate for the District of Litchfield that Julius Deming was a Revolutionary Pensioner of the United States at the rate of $480 00 per annum and that he died on the Twenty Third day of January eighteen hundred and thirty eight leaving surviving Frederick, William, Charles, Mary & Lucretia Deming his Children and that the said William & Lucretia Deming now survive and that they are the only surviving children of the aforesaid, Julius Deming deceased

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of office this Fourth day of Feby one thousand eight hundred and fifty [crossed out] sixty two
Charles Adams
Judge
[circular seal to left of preceding paragraph]

Page 81

Brief in the case of Julius Deming, who was a commissary of Purchases in the revolution
State of Connecticut,
County of Litchfield.  Act 7th June, 1832.

Julius Deming received a pension under the act of 7th June, 1832, at the rate of $480. per annum, as a purchasing commissary ^ under Henry Champion D. C. G. P. to the year 1838, when he died. After his death an effort was made to increase the pension to $600. per annum, but the office rejected the application, and though repeated attempts were subsequently made to reverse this decision, they were unavailing. The claim for an increase is again revived, and an allowance is asked at the rate of $600. per annum, to the day of Deming's Death, to be made payable to his living children.
This claim is similar in many respects, to that of Sarah Howard, widow of James, of Connecticut, which has recently received this favorable consideration of the Secretary of the Interior, and the principle

Page 82

2

settled by that allowance may apply to this. In respect to the points wherein this claim differs from that, the advantage is altogether in favor of this claim. All the evidence in this case is record and documentary, and the service is claimed to have been rendered by the principal himself, while in the other the testimony is parol, and the service was performed by a Deputy or Assistant.
James Howard was Assistant Commissary of Purchases under Dr. Joshua Elderkin, of Connecticut, who was a Commissary of Purchases from July 30, 1776 to as late a period as October 1780, and to whom "the same commissions were allowed as was allowed Commissaries for purchasing grain."
Julius Deming held an office precisely similar in rank, the duties of which were the same, except that he was engaged in purchasing cattle and sheep, while Elderkin appears to have purchased grain. If the services of James Howard, an assistant of Commissary Elderkin, were such as to entitle his widow to a pension, it cannot be doubted that those of his principal would have given him one

Page 83

3

also, if he had survived the passage of the act of 7th June 1832. It is equally certain that Julius Deming, who held precisely the same rank and performed similar duties to those of Dr. Elderkin, would be as clearly entitled to a pension.
Many instances might be cited of individuals who served in the capacity of Commissary of Purchases having been pensioned under that act, or their widows under other acts, and among them the case of Epaphroditus Champion, a commissary of Purchases deriving his authority from the same source with Julius Deming, viz: from Henry Champion, a Deputy Commissary General of Purchases, is the most conspicuous.
But it is not necessary to invoke the aid of the precedent afforded by the decision in the case of Sarah Howard, or any other, to justify an allowance in this. The claim rests on its own merits, and does not need the support drawn from cases analogous to it.
The objection assigned by the office in the year 1845, to the allowance of the increase of pension for

Page 84

4

Julius Deming rested upon the assertion that his service was rendered in a civil capacity under a contract to supply cattle and sheep for the use of the army, and not under a military obligation to the government. This position implied, of course, that the original allowance of his pension was erroneous, and it was taken on the admission of Deming himself that the compensation he received for his services was in the shape of a commission of two per cent on his purchases, and not a stated sum by the day or month. From this fact alone it was concluded that the service was of a civil and not a military character. The fallacy of this conclusion consisted in the assumption that the mode of receiving compensation afforded any reliable test either of the rank or the military character of the service rendered, and this fallacy becomes apparent on reference to the different laws passed by Congress regulating the Commissary Department and the rank and pay of officers serving in it. On the 10th of June, 1777, Congress resolved that there should be one Commissary General and four Deputy Commissary

Page 85

5

Generals of Purchases who should appoint as many assistants to act under them as may from time to time be necessary; that the Commissary Generals, their respective Deputies and the respective assistants of the Deputy Commissary Generals of Purchases, should be subject to military arrest and trial for neglect of duty or other offences in their respective offices, by order of the Commander in Chief or any commanding officer of the army, port, or department.
This law fixed the rank and the military character of officers serving in that Department, and on the 16th of June, 1777, another law was passed, fixing the rate of compensation to be as follows: Commissary General of Purchases $8. per day, Deputy Commissary General of Purchases, each, $5. per day, and assistant Commissary of Purchases, each $4. per day.
This law continued in force till the 14th April, 1778, when it was repealed, and another was passed providing that the pay of all serving in the Commissary Department should be a certain per centage on all purchases, as follows: the Commissary General, on all sums paid by him to the Deputy Commissary Generals, one half per cent; each Deputy Commissary General should receive one-half per cent upon all sums paid by him to the purchasing Com-

Page 86

6

missaries in his district, and "each purchasing Commissary [underlined] shall be entitled to receive a commission not exceeding two per cent, upon all sums of money by him laid out in the discharge of his office."
This law continued in force till the 1st of January, 1780, when the pay of Commissary General of Purchases was again changed and he was allowed a salary, but the pay of the assistant Commissaries was still continued, at the rate of two per cent, on all purchases.
But on the 30th of November 1780, Congress again changed the mode of compensation of the Commissary General of Purchases, Deputy Commissary Generals and their assistants, and fixed it at a certain sum as follows: Commissary General $177. per month, Deputy Commissary Generals $125. per month, Assistant Commissaries $75. per month.
It will be seen by these references, that rom the 16th day of June, 1777, to the 14th of April, 1778, the pay of officers in the Commissary Department was at a certain rate per day; that from 14th of April 1778, to the 30th of November, 1780, it was a per centage on moneys passing through their hands and on the amount of purchases made; and that after 30th November, 1780, it was fixed at a salary by the month.

Page 87

7
If the mode of receiving compensation is to determine the character of the service, as was assumed by the action of the office in this case; that is, that wages of a fixed amount paid by the day or month made it military, while a commission of a certain per cent on moneys expended and purchases made converted it into service in a civil capacity, then it must be concluded that an officer commissioned or appointed to serve in the Commissary Department, after 16th June, 1777, was in the military service of the government from that date to the 14th of April 1778; but that from the time when the law of that day was passed, to the 30th of November 1780, he ceased to be a military officer and became a civilian acting under a civil contract; that after the passing of the act of 30th November 1780, the military character of the service was resumed, though all the time from 16th June, 1777, to 30th November, 1780, he was serving under the same commission, rendering continuous services of a uniform kind, and subject to martial law for neglect of duties.
On this principle, in computing the rate of pension for an officer serving thus from 1777 to 1780, the time from June 16th 1777, to 14th April 1778, would be included, while that from April 14th 1778 to Nov. 20, 1780, would

Page 88

8
be rejected, and all after that date would be embraced.
Such a position needs only to be stated to carry its own refutation. It is believed there never was such an understanding in the revolutionary war respecting this service, nor such a principle avowed in the large number of admitted claims to pension for services continued from 1777 to the close of the war, as commissaries of Purchases.
If it appeared that a per centage was charged on purchases at a time when the law provided a salary as the pay of the officers, then the military character of the service might well be questioned, but at one period it was the only way by which those officers from the highest to the lowest in rank could receive a compensation, and this period embraces the whole time that Julius Deming was acting as a Commissary of Purchases. His service began the 20th of June 1778, and the law giving a per centage on purchases passed April 14th 1778; his service ended May 1st 1780, while the law allowing a salary was not passed till Nov. 30, 1780. He could, therefore, receive his pay in no other way than by a per centage and his rank or military could not be affected by that fact.
The objection heretofore urged against the allowance

Page 89

9
of the increase of the pension does not seem to be well taken, and it is submitted that the claim should now be admitted.
Allowed at the rate of $600. per annum, to begin 4th March, 1831, and to end on the 23d. day of January, 1838, when Julius Deming died, after deducting former payments at the rate of $480. per annum, for the same time. Payable to William and Lucretia Deming, only living children.

L. M. Drury.
Examiner

S. A. Peugh, Esq.
Agent,
Present.

Page 90

Litchfield (Conn.) Decr. 25. 1845
Hon. J. L. Edwards
Sir
In June last, I wrote you concerning an increase of pension due to the heirs of my late Father, Julius Deming Esq. - In answer, you observed, "that his pension cannot be increased unless it can be shown by record, or documentary evidence, that he received in specie, or its equivalent, more than $40 per month, for his service, that being the rate at which he was pensioned."
In reference to this subject, I have lately conversed with my Brother, Frederick Deming, President of the Union Bank in the City of New York, who was my father's Executor. My Brother informed me, that "he himself made out, with great particularity, a tabular statement of the receipts of my Father, for his services - that he distinctly recollects that these receipts amounted to more than $40 per month, in specie, or its equivalent - that he was surprised, at the time, that my father should be satisfied with stating his receipts at $40 the month when it was evident that they exceeded that sum - that when my father's declaration [underlined] was sent on to your Department it was accompanied by a number of documents of which this tabular statement [underlined] was one - that a request was received from your Department, that these documents might be retained by you - and that they were retained - and my brother says, that he has no doubt that this tabular statement, with the documents accompanying it, may now be found on file, in the Records [underlined]

Page 91

of your Department." [underlined]
I am in hopes that by a simple reference to your files the requisite evidence may be easily obtained.
Very respectfully
Your obt. Servt.
William Deming

Hon. J. L. Edwards.