Revolutionary War Pension and Bounty Land Warrant Application File S. 17244, Gad Asher, Conn.

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[This is the cover page which is in tabular format.
(3-1776)
[Column 1] SERVICE.
Conn.
[Column 2 - No header] Asher, Gad
[Column 3] NUMBER
S 172.44
carded
[The remaining section, labeled "CONTENTS" is blank]

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An Application for a Pension Certificate

County of Middlesex  ss: Middletown

On the 6th day of October 1823; before me the subscriber, a Notary Public, duly appointed and sworn, residing in said Middletown, personally appeared Gad Asher of Branford in the County of New Haven and State of Connecticut, who on his oath, declare that he is the same person who formerly belonged to the company commanded by Captain Stephan Hall in the regiment commanded by Colonel Heman  Swift in the Service of the United States: That his name was placed with the Pension Roll of the state of Connecticut, but has never received a formal certificate, and now wishes to obtain one.

Sworn and subscribed
before me the day and year  [signed with the note "His mark" and an "X"] Gad Asher
aforesaid.} 

Witness my signature and seal of Office.
[signed] Jona. Barnes Sr.
Notary Public

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Copy of a Certificate or memorandum, conferred upon
Gad Asher an Invalid Pensioner of the United States by his Excellency General George Washington.
By means of which Asher has heretofore obtained his semi-annual Stipend at the U. States Branch Bank in the City of Middletown Oct 6th 1823.

Copy
"By his Excellency General Washington, Commander in Chief of the armies of the United States dd. Gad Asher, inhabitant of Connecticut and soldier in the Regiment of Invalids, having been certified by a board of officers appointed for the examination of the Invalids of the ["United States" is crossed out] army, as unfit for any further duty, within the field, or in garrison, being blind, at his own request is hereby discharged from the service of the United States, and I do hereby certify that he is entitled to the provision made by Congress in such cases by the resolve of the twenty third of April 1782. Given under my hand, [illegible] Newburgh, this 10th day of April 1783.
By his Excellency's Command George Washington
[illegible] Trumble [illegible]

State of Connecticut, Comptrollers Office June 8, 1790

The foregoing is a true Copy of the records in this office.
Examined by A. Kingsbury
Comptroller

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[printed document with fill ins]

33,080
Connecticut
Gad Asher   deceased
in the State of [blank]
who was a Private in the [blank] commanded
by Captain [blank] of the [blank] commanded
by [blank] in the Conn.
line for Revolution

inscribed on the Roll of Hartford Ct
at the rate of 80 Dollars [blank] Cents per annum,
to commence on the 4th day of March, 1831.
Ending 28 Nov. 1835
Certificate of Pension issued the 23 day of
Dec 1852 and Sent to 
H Fowler Hartford, Ct

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by R. M. McRoe Clerk,
?tt2  Vol. 3 Page 1

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State of Connecticut
New Haven County } ss.
On this thirteenth day of January A.D. 1852 before me George Landon Judge of the Probate Court for the district of Guilford personally appeared Anson Baldwin, Administrator of the estate of Gad Asher, deceased, a resident of North Beauford in said county, who being first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the benefit of the provision made by the act of Congress passed the 7th of June 1832.
That he is the administrator on the estate of Gad Asher who was a private in the army of the Revolution and an Invalid pensioner on the Roll of the Connecticut agency at the rate of Ninety six dollars per annum, that he was a resident of North Branford in said county and state and died in the year (1835) one thousand eight hundred and thirty five on the 28 day of November, leaving no widow.
That he served for more than two years in the army of the Revolution, for proof of which service reference is made to the accompanying certificate of the comptroller of the state of Connecticut.
That he claims a pension as the administrator on the the estate of the said Gad Asher deceased for his Revolutionary service as aforesaid from the 4th day of March 1831, to the 28th day of November 1835 when he died, for the benefit of the surviving children.
[signed] Anson Baldwin admins.
Sworn to and subscribed on the day & year above mentioned before me and I certify that I am fully satisfied of the truth of the statements of the foregoing dictation.
[signed] George Landon Judge of the Court

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State of Connecticut
County of New Haven } ss Guilford Jan. 13th 1832

I George Landon Judge of the Probate Court for the District of Guilford do hereby certify that satisfactory evidence has been exhibited to said that Gad Asher was an Invalid Pensioner of the United States, on the Roll of the Connecticut agency at the rate of eight dollars per month, was a resident of North Branford in the county of New Haven in the state aforesaid, and died in said town on the twenty eighth day of November one thousand eight hundred & thirty five (28 November 1835) that he left no widow, and that Ruel Asher and Mariett Copes are the only surviving children.

[signed] George Landon Judge of Court

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Department of the Interior
Pension Office September 13 1852

In the matter of the application of the Administrator of Gad Asher deceased late of the State of Connecticut for the benefit of his surviving children.
This application having been rejected by the Commissioner of Pensions, the undersigned attorney to the applicants respectfully appeals from the decision of the Commissioner of Pensions to the Secretary of the Interior, and requests that the opinion of said Commissioner may be reviewed and his decision reversed, for the reasons following, to wit.
The applicants allege that they are the only surviving children of the said Gad Asher deceased, that the aid Gad Asher was a private in the Army of the Revolution and served therein two years: that he survived until the 28th day of November 1835 when he deceased and left no widow, and that he never made any application for a pension under the Act of June 7 1832. They therefore claim that the said Gad Asher at the time of his decease was entitled to receive a pension under the Act of June 7, 1832 at the rate of Eighty dollars per annum, from March 4, 1831 to the said 28th day of November 1835, and as he deceased having no widow the amount of pension thus due him of right belongs to them as his surviving children.
The service of the said Gad Asher, is proved by the Certificate of the Comptroller of the State of Connecticut on file, and is conclusive on that Point, the death of said Asher, and the relationship of the claimants, and the authority of said Administrator to act as such, is provided by the finding of the Court of Probate for the District of Guilford which is on file.
There having been no suggestions that these facts are not fully proved it will be taken for granted that they are established. Why then was not Gad Asher at the time of his decease entitled to a pension as claimed by the applicants? The answer of the Commissioner of Pensions to this question under date of April 22, 1852 is that "Gad Asher of Connecticut was a pensioner by Special Act of Congress at the rate of

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96 dollars per annum; that he would not have been entitled to a pension under the Act of June 7, 1832, without relinquishing the one he was then enjoying which he never did." The same answer is substantially given in a letter dated July 29, 1852.
The records of the Department show that Gad Asher was placed upon the roll of Invalid Pensions April 10, 1783, that his pension commenced April 11, 1783, and that his name was inscribed on said roll under the laws of April 23, 1782, and April 24, 1816. (See Senate Document Pension Roll 1st Session 23rd Congress page 12, (574) list of Invalid Pensioners for New Haven County Connecticut.)
It is therefore very difficult to see on what evidence the Commissioner finds that he was pensioned by Special Act of Congress. But whether Asher was pensioned by a Special Act of Congress or under some public law, can make no difference if he was an Invalid Pensioner: and that he was an Invalid Pensioner is admitted by the Commissioner in his communication of July 29, 1852 in which he says "Gad Asher could not have been pensioned under the Act of June 7 1832 unless he had relinquished his claim to his Invalid Pension."
Pensions under our government are granted to two classes of persons, to wit, those who have received injuries in the public service: and those who have rendered service agreeable to some public law. The foundations of a claim, for a pension must therefore be either bodily injuries, or actual service. The man that is injured in the service receives a pension to compensate him for the injury merely, and to make him equal with one who has served in like manner with himself without injury. An Invalid pensioner therefore has the same position as one who has rendered similar service and is not entitled to an invalid pension. Now when Government provides a pension for a particular kind of service, why should a man be excluded because he was injured in that service? It is time he gets compensation for the injury received, but if his service was at

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meritorious as another who was not injured, why not allow him the same benefits for such service? But argument on this subject is useless, in as much as Congress has by positive enactment settled this matter in conformity to the claim herein set forth. The act of February 19 1833 provides "That the second section of the Act entitled "an act supplementary act the Act for the relief of certain surviving Officers and Soldiers of the revolution" approved the 7th day of June 1832 [the following is underlined] shall not be construed to embrace invalid pensioners: [end underlining] and that the pensions of invalid soldiers ["invalid soldiers" underlined] shall not be deducted from the amount receivable by them under the said act."
Now if the second section of the Act of June 7, 1832 is not to be construed to embrace invalid pensioners ["invalid pensioners" underlined] and Congress has declared that the pensions of invalid [underlined] Soldiers shall not be deducted from the amount receivable by them under that act what need was there for Gad Asher to relinquish his [underlined] invalid pension? The case may be thus stated, Gad Asher was a soldier of the Revolution for a period of two years and was wounded or disabled in service for which wounds he was pensioned. He applies for another pension under that Act of June 7, 1832 for the two years service, the service is admitted but he is told he must relinquish his invalid pension, Congress has declared he need not relinquish this pension nor shall the amount of such pension be deducted from the amount receivable under the last mentioned act, and yet Gad Asher is refused, may we not ask why? is any stress laid upon the statement of the Commissioner that he was "a pensioner by Special Act of Congress"? The answer is obvious, if he was thus placed upon the pension roll, he was placed there as an invalid pensioner ["invalid pensioner" underlined] and as such has always been paid.  If he was an invalid pensioner the act of February 19, 1833 excepts him from the operation of the 2nd Section of the act of 1832 and provides that his invalid pension shall not be deducted from the amount due under said act.
Not withstanding the Commissioners refuses to allow this

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claim of Gad Asher, the department has heretofore in numerous instances allowed similar claims, I would respectfully refer to the following cases as precedents, to wit.
Alvin Burnham of Connecticut Invalid $96 per annum and under the act of June 7, 1832 at $90. per annum.
Andrew Gallup, do. Invalid at $96. do $100 "  "
Alexander Phelps do. do. 96 do 80 "  "
Abel Turney do. do. 96 do 60 41/100
in all these cases the above named persons received an invalid pension & also a pension under the Act of June 7 1831. Why then should Yad Asher be refused?
If Yad Asher was entitled at the time of his decease the claimants being his children he having left no widow, are entitled to receive the amount then his due. This is their claim made by the administrator in their behalf which has been denied by the Commissioner as above stated. The claimants therefore feeling themselves aggrieved respectfully appeal from said decision and ask that the amount of money due Yad Asher at the time of this decease may be [illegible] to them.

[signed] Henry Fowler
Attorney for heirs of Gad Asher dec.

J.E. Heath Esq.
Sir
Please present the papers of the administrator of Gad Asher deceased, claiming a pension for his surviving children and this appeal to the Secretary of the Interior and inform me of the result at your earliest convenience.
I remain very Respectfully
Your ob. Servant
[signed] Henry Fowler

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17244
INVALID.

File No. 17, 244
Gad Asher
Pri  Rev War

Act: June 7 32
Index:-Vol. 1, Page 12

[Arrangement of 1870.]

Con

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[all handwritten]

Connecticut
=============
Gad Asher
Private
in U. S. Army
_______________
Inscribed on the roll oof
the Connecticut Agency,
at $5, and increased to $8,
per month by act 24th
April 1816.-
____________________
[illegible] certifcate pf
Pension issued 10th Octo:
1823, and sent to Sam=
uel H. Parsons, Mid=
dletown, Cont.

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Let to Henry Fowler, Apl 22/52
Same July 29/52

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[This is the address on an envelope with additional notations added.]
[Postmark in left corner is illegible except for] OCT 7

The word "FREE" in the right corner is crossed out and a "20" written over it.]

J. L. Edwards Esquire
Pension Office
War Department
Washington

[Written vertically down the the right side is]
For formal certificate 
Recd. 12 Oct 1823

[There are illegible notes in the lower left corner.]

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Middletown Oct 6, 1823

J. L. Edwards Esquire

Sir

In conformity with the order requiring formal Certificate to be issued to all Invalid Pensioners, I have the honour [sic] of presenting to the War Department, the enclosed application in favour [sic] of Gad Asher of Branford, in [illegible] of the United States.
Allow me to request, that the document be returned to me at this place.

With the highest respect
Humbly
Your obt. servant
[signed] Samuel H. Parsons

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[printed document with fill ins]


Brief in the case of   Gad Asher
New Haven County and State of Connecticut 
act 7 June 1832
==================
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by 
rolls?  If either, state the substance.
Documentary proof 

(If for increase.)
Has additional evidence been filed since the admission of the claim?  If so, what?
[blank]

Name and residence of Agen.
H. Fowler
Hartford, Ct

[illegible] Cole
Examining Clerk.

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[A seal has been affixed in the upper left corner. Under it is the signature of] Tho. H. Seymour
STATE OF CONNECTICUT.

By This Excellency THOMAS H. SEYMOUR, Governor of said State.
TO ALL WHOM IT MAY CONCERN:
Know We, That George Landon was at the time of subscribing the within attestation, a Judge of Probate in and for the District of Guilford, in the said State, duly constituted and commissioned, and that to his acts and attestations, as such, full faith and credit are and ought to be given in and out of Court: that the within attestation is in due form and by the proper officer; and that the signature of said George Landon thereto is genuine.
In testimony whereof, I have caused the public Seal of the State to be hereunto affixed, this 15th day of January, A.D. 1852, and in the seventy sixth year of the Independence of the United States of America.

By His Excellency the Governor,
[signed] Jno P. C. Mather
Secretary of State

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[A seal is attached in the upper left corner].
State of Connecticut
Comptrollers Office
Hartford Jany 10th 1832

I certify, that on application for evidence of the service of Gad Asher in the war of the Revolution, I have examined the Books and documents remaining in this office relating to that war, and find the name of Gad Asher in a Pay Roll under the following heading, "Settlement with the 7th Connecticut Regiment Heman Swift Esq. Colonel for the year 1780" and opposite said name are the following entries, vis. "|Rank, private|Commencement of Service, Jany 1st 1780|Time of this settlement, Jany 1st 1781|Term, 1 year|Amt. of wages [given in British pounds which was the currency used] 24|Money due for blankets,0.18|Value of [illegible] paid for clothing, [illegible]|Amt. of debt 24.18|Value of [illegible] recd. [illegible] wages 0.18|Value of clothing [illegible] supplied 1.05|Amt. of credit 1.2.1|Balance 23.16|"
I find the name of Gad Asher also in a Pay Roll under the following heading "Settlement with the 2nd Connecticut Regiment Heman Swift Esq. Colonel for the year 1781, " and opposite his name entries as follows, "Rank, private|Commencement of service, Jany 1st 1781|Expiration of service Dec. 31st 1781|Term 12 months|mt. of wages 24.|Amt. of Retained Rations 0.18|Money paid for wages 6.|Clothing, supplies 0.8|Amt. of Credit 6.8|Balance 18.10"|
[signed] R. G. Pinney, Comptroller,
by Geo. Robinson Clerk.

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No. 38.471
Gad Asher, dec.
Ct.
Act 7 June 1832
A due 2 yrs Serv.
$80 per annum,
Comg. [commencing] 4 March 1831 & ending 28 Nov 1835,
Pay able to
Anson Baldwin, Ad. for the benefit of Ruel Asher &
Mariett Capes, only surviving children.

[signed] H. Fowler
Hartford,
Ct.

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Hartford December 4, 1852

Sir

On the 13th September last I transmitted to your address an appeal in the claim of the Administrator of Gad Asher deceased late an Invalid Pensioner for a Pension under the Act of June 7, 1832 which claim had been rejected by your department, and requested that the papers might be sent to the Secretary of the Interior for his action thereon. As it is nearly one year since the application for this Pension was made, the children interested therein are desirous of having a final decision upon its merits, and I have respectfully to ask if the papers have been received, that they may be brought to the notice of the Secretary of the Interior, and the result of his decision communicated to me.

I am Very Respectfully
your Ob. Servant
[signed] Henry Fowler

J. E. Heath Esq.
Commissioner of Pensions
Washington D.C.

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Hartford January 16, 1852

Sir,
Herewith I transmit the application of the Administrator of Gad Asher deceased late an Invalid Pensioner, asking for a pension under the Act of June 1832 on account of the Revolutionary service of said Asher for the benefit of his surviving children, if found entitled to the same please return to me.

I am Very Respectfully Your Ob. Serv.
[signed] Henry Fowler

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Hartford April 28, 1852

Sir
I have received your letter of 22nd inst. relative to the application for a Pension by the heirs of Gad Asher deceased. The reasons assigned therein for rejecting the claim do not appear to me to be conclusive, and I have to request a reconsideration. It will be found on reference to the Comptroller Certificate which accompanies the papers that Gad Asher served two years as a private in the Continental line and I suppose it will be admitted that for that service (provided he had not been in the receipt of a Pension as an Invalid) he would have been entitled to a pension under that Act June 7 1832 at $80 per annum, from the 4 March 1831 to the 28 November 1835 when he died. The claim now asserted by the heirs is for a pension under Act 7 June 1832 on ac [account?] of his Revolutionary service, for the period above named viz from 4 March 1831 to the 28th November 1835. Notwithstanding he was in the receipt of an Invalid pension at the same time, the application is founded on the Act of Congress of the 19th February 1833 which provides "That the 2nd Section of the Act entitled an Act for the relief of certain surviving Officers and Soldiers of the Revolution approved the 7 day of June 1832, shall not be construed to embrace Invalid Pensioners, and the pensions of Invalid Soldiers shall not be deducted from the amount receivable by them under

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the said Act" and further the following named persons have been pensioned and placed upon the Connecticut Roll both as Invalids, and per act June 7 1832, viz:
Oliver Burnham Invalid $96 Act June 7 1832 $90.
Andrew Gallup   do  "     do 100
Alexander Phelps do " do 80
Abel Turney  do  "  do 60.41
and others showing that it has been the rule of Department to grant such pensions to those soldiers who were entitled for both Revolutionary service and for disability.

I am Respectfully
your Ob. Serv. [Obedient Servant]
[signed] Henry Fowler

J. E. Heath Esq.
Commissioner of Pensions
Washington
D.C.