Revolutionary War Pension and Bounty Land Warrant Application File R. 3460, John Durham Alvey, Postmaster To The American Army.

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(3-1776)

SERVICE  Postmaster to the American Army.

Alvey, John Durham
Fassett, Hetty
former widow

NUMBER  R. 3460

CONTENTS

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10006

Petition of Mrs. Hetty Fassett for a Pension
[illegible]

Act 7 July 38 & 23 Augt. '43

Hon. H. Hall

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To the Senate & House of Representatives of the United States in Congress Assembled[?]

Your petitioner Hetty Fassett of Troy in the County of Rensselaer & state of New York respectfully [illegible] to your Honorable bodies, that she is 74 years of age, & that on the 24th day of January 1789 at the city of New York, she was lawfully married to John Durham Alvey by the Rev. Mr. Beach of the Episcopal Church, that she lived with the said Alvey as his wife until the 8th day of July 1794 when he died aged 38 years leaving your petitioner his widow, that she continued his widow until August 16th 1795 when she intermarried with Benjamin Fassett Esqr of Bennington in the state of Vermont, who died on the 12th of February 1816 & that she has since continued unmarried & still remains a widow.
Your petitioner further [illegible] to your Honorable bodies that her former husband John D. Alvey served his country

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in the army of the Revolution in the capacity of Post Master to the Army for the term of more than four, & nearly five years, rending his country valuable & [illegible] services as will fully appear by the Journals of the old Congress to which your petitioner refers, & by original certificates of General Washington, & General Knox, herewith submitted.
Your petitioner therefore humbly prays your Honorable bodies to pass an act granting her the benefit of the provisions of the act of July 7th 1838, "granting half pay & pensions to certain widows" or to grant her such other relief as to your honorable bodies shall seem [illegible & proper --
Hetty Fassett

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State of New York        }
Rensselaer County ss  }  Troy the 24th May 1839 Personally appeared Hetty Fassett who signed the foregoing petition & made oath to the truth of the facts therein set forth before me
John P. Cushman
Circuit Judge

I am acquainted with the Character of the above name Petitioner Mrs Hetty Fassett and readily certify that it is unblemished and of high respectability -
John P. Cushman

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I Sarah Marin Patchin of Bennington in this county of Bennington & state of Vermont aged 47 years & over testify  & say that I am the daughter of John Durham Alvey & his wife Hetty (who before marriage was Hetty Schenk, & who after the death of my father is intermarried with Benjamin Fassett & is now a widow) and that I well remember an ancient family record is on old quarto bible belonging to my mother, which bible is now before me. The leaf on which the record was made, was for a long time much soiled & worn, & has been cut or torn out for many years - I have no doubt but that it is destroyed or lost. While that record remained in the bible, & not less than twenty five years ago, I had the record copied into a new bible of my own; which bible & copy of this record is now before me & it is in this following words, to wit,
"John Durham Alvey was born 1756
Hetty Schenk was born Jany 21.1765
John Durham Alvey only son of John & Geasia Alvey was married to Hetty Schenk second daughter of John & Helitia Schenk Jany 24, 1789 Hanover Square, New York by the Rev Mr Beach, minister of the Episcopal Church
At New Brunswick, New Jersey, John Durham Alvey left this preparatory scene[?] July 8, 1794 aged 38 years"
I have no doubt but that this is a true record in every respect - I further

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testify & say that my mother's second husband Benjamin Fassett died Feby 12. 1816, & that my mother has not since been married but still remains widow.
Sarah M Patchin
I Mary D. Hayes of Washington in the state of Connecticut aged 37 years & over testify & say that I am the daughter of Benjamin Fassett & his wife Hetty now widow Fassett - that I will remember the family records described by my sister Mrs Patchin is the old bible of my mother, entered on this leaf which is now torn or cut out as I believe lost & destroyed - I have no doubts whatever least that the records in mu sister's bible before mentioned & copied into her affidavit on this sheet is a true record - I further say that my father Benjamin Fassett died Feby 12. 1816, & that my mother remains a widow having never since been married - Mary D. Hayes
State of Vermont Bennington County Bennington May 20th 1830. Personally appeared the above named Sarah M Patchin, & Mary D. Hayes & made solemn oath that the foregoing Depositions by them subscribed, is the truth & nothing but the truth - before me-
Henry Robinson, Justice of the peace & county clerk

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State of Vermont
Bennington County

On this 13th day of March AD 1843 personally appeared before the Court of Probate for
the district of Bennington in the County of
Bennington aforesaid Hetty Fassett a
resident of Bennington in the County aforesaid
aged Seventy eight years & over, who being first duly sworn, according to law, doth on her
oath make the following declaration, in
order to obtain the benefits of the provision
made by the acts of Congress passed July
7, 1838, & the 23 of August 1842, & the third
of March 1843 granting pensions to widows whose husbands served during the revolutionary war. That she is the widow of John Durham Alvey who was Post Master at
the Head Quarters of the Commander in
chief of the American Army for more than
four & nearly five years & as such
performed arduous & valuable services-

     She also declares that she was married to the said John Durham Alvey on the twenty fourth day of January in the year seventeen hundred eighty nine, that her husband the aforesaid John Durham Alvey died on the 8th day of July 1794; that she was not married
to him prior to his leaving the service,
but the marriage took place previous
to the first of January seventeen hundred
& ninety four, vaz, at the time above stated.
She further declares, that after the death
of the husband aforesaid she was
married to Benjamin Fassett of
Bennington in the County of Benneton

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aforesaid on the 16th of August 1795; that
he died on the 12th of February 1816, and
that she is still a widow
Hetty Fassett

Sworn to & subscribed, on the day of
year above written
O. C. Merrill Judge of Probate

I, William Haswell, Register of the Court
of Probate for the District of Bennington
do hereby certify that the foregoing contains
the original proceedings of the said
Court in the matter of the application of
Hetty Fassett for a pension. - In testimony whereof I have hereunto set my hand and seal of office this 13th day of March A.D. 1843.
Wm Haswell, Register

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Mrs. Patchin
Mrs. Hays
J O D Spugils
Affidavits

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I further certify that I am well acquainted with
both of the foregoing Deponents, that they are respectable & credible witness persons
Henry Robinson  Justice of Peace  & County Clerk

I John OD Spiegel of Bennington in the State of
Vermont aged 65 years have testify & say that
I was acquainted with John D Alvey the first
husband of my aunt Hetty, formerly Hetty Schenk, both before & after their marriage, of which I heard at the time but was not present. I was at their house in New Brunswick in New Jersey in the winter of 1791 or 1792 for several
weeks, when they were living together
as husband & wife, having at that time two children, the youngest of which was the present Mrs Patchin of this town. I saw them at other times & they were generally reputed to be man & wife. I remember Mr Alvey died
the summer before I became of age which
was the summer of 1794. I have a since been acquainted with his widow who after his death married Benjamin Fassett Esq of Bennington aforesaid, whom I well know & who died in the winter of 1816 - Mrs Fassett has not married since, but still remains a widow I further say that the said John D Alvey was generally reputed to have been attached to the army during the revolution, but in what capacity
I do not recollects
John O.D. Spirgel

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State of Vermont
Bennington County
Bennington May 20th AD 1839. Then personally appeared John O D Spriegel Esqr , whom I certify to be a credible witness & made oath to the truth of the foregoing affidavit

before me    John Hicks Justice of Peace

Mrs Patchin
Mrs Hays
J OD Spiegel
   Affidavits 


 I certify that I have examined the bible record
described in the affidavit of Mrs Patchin, I have no doubts she gives a true account of it, I am also acquainted with the widow Fassell & all the witnesses. I am entirely satisfied that the
papers give a true account of this case
  Benninton, March 29 1843 
                                       Hiland Hall

I certify that Henry Robinson & John Hicks
were at the date of the certificates by these signed on this sheet, were acting Justices of the Peace of the County of Bennington & that their signatures are genuine. I further say I am acquainted with both Mrs Patchin & Mrs Hays & that they are women of undoubted veracity. The veracity of JOD Spiegel is also undoubted.
      H Hall

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Revolutionary Papers 
Hetty Fassett
suspended
Vermont

Prefer

Nov 11 - [?]

[illegible]
F. E. Hassler

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STATE OF VERMONT,
of Bennington COUNTY, SS.

BE IT KNOWN, that on this Twentieth day of October 1852, before the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Mary D. Hayes, resident of Bennington in said County, and made oath according to law, that she is One of the Children & heir of Mrs. Hetty Fassett formerly the Widow of John D. Alvey who was a Post Master holding the Rank of a Captain in the Revolutionary War -- and who was as She believes entitled to a pension from the United States -- that she is directly interested as aforesaid, as a claimant, and makes this affidavit for the purpose of obtaining such arrears of pension as may be due under any of the laws, regulations, or decisions that have been or may hereafter be adopted.  The said affidavit further declares that she hereby constitutes and appoints Henry Robinson of Bennington to be her Attorney and Agent to prosecute said claim, with power of substitution, to examine all papers and documents in relation to to it, and to do all things necessary and lawful in the premises, except drawing the money, which will be hereafter provided for.
Mary D. Hayes
Sworn to and Subscribed the day and year aforesaid, before me.
Henry Kellogg, Justice of the Peace

I further certify that Mrs. Mary Hayes --above named is a respectable resident of this County, and is, as I believe, directly interested in said claim, and acknowledges the above power of Attorney to be her act and deed.
Henry Kellogg, Justice of the Peace.

State of Vermont                 }
COUNTY CLERK"S OFFICE} BENNINGTON, ss.

I SAMUEL H. BLACKMER, Clerk of the County Court for the County of Bennington, being a court of record and having a seal, as hereto attached, do certify that Henry Kellogg, Esq.
was at the date of the paper writing to which this is attached, and now is a Justice of the Peace within and for said County, duly commissioned and qualified; that his signature to the foregoing jurat and certificate is genuine; that the said paper writings are executed according to the laws of this State, and are in due form; and that as such Officer, he is duly authorized by the laws of this State to take acknowledgments of Deeds and Depositions, and to administer oaths, &c.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of Court, at Bennington, in the County of Bennington, this 20th day of October Anno Domini, one thousand eight hundred and fifty two
S. H. Blackmer  CLERK.

[seal]

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State of Vermont         }
Bennington County ss } By the authority of the foregoing Power of Attorney, I hereby constitute and appoint, F. E. Hassler of Washington City, my Attorney & Substitute, and hereby empower him to Examine all papers, & do all acts in relation to the within named Claim, as tho I were personally present, --
Given under my hand at Bennington this 21st day of October A.D. 1852.--
Henry Robinson

Witness
Thos. S. Robinson

[written vertically] 852 [/written vertically]

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State of Vermont         }
County of Bennington }  ss

I Abram B. Gardner Register of the Probate Court in and for said County and State, do hereby certify that satisfactory evidence has been exhibited to this Court that Hetty Fassett, the identical widow of John D. Alvey Postmaster in the American Army during the War of the Revolution was a resident of this town of Bennington in the County of Bennington & State of Vermont, and died on the Seventh day of December AD 1845. - that she left four children who are now living those names are Hetty Dorr, John V. Fassett, B. Schenck Fassett, & Mary D. Hayes.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 12th day of November A.D. 1852.
A. B. Gardner Register of Probate

[seal]

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3460

P.O.  _____
Hetty Fassett
Service: _____
[stamped] REJECTED [/stamped]
Enlisted: _____, 18  .
Discharged: _____, 18  .
Application filed: _____, 18  .
Alleges: _____ 
Re-enlisted: _____
Attorney: _____
P.O. _____
_____ Recognized.   _____ Contract.
_____ Cert. of Dis.  Searched for ____, 18  .

[left margin] 1916 July 25 - ([illegible] pages) [illegible words] resignation of John D. Alvey furnished Mrs. Grape[?] [illegible words] Apts. Wash. D. C. (see receipt for payment [illegible] Enoch Crosby N.Y.S. 100.00 [/left margin]

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[left side of document]

19,004

Hetty Fassett

Vt.

1838

Let to Hon. H. Hall May 21 [illegible]
copies of papers to Hon.
[?] Seymour feb 23, 1844
F. E. Hassler 29 [illegible] 53
[illegible] March 16/54 Act 7 July 1838

let F. E. Hassler, Oct. 24/56
[illegible] R. H. Gillett Nov 6/54
Secy of Interior Nov 15/[illegible]

[right side of document]

Sec. of Interior.
Jany. 2, 1855
Decision of the office - rejecting this claim affirmed by the Sec. Interior 5th January 1855

Let. R. H. Gillet, Jan 6/55
"    Hon J Collamer Jany 23/60[?}

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Mr. John Durham Alvey, Post Master to the American Army, having served in that Capacity nearly Five Years and having this day signified his Intentions to retire from his office; In Justice to him I do hereby Certify that he has been attentive to his Duty, & acted in a decent & becomg. Manner suitable to his Station. --
Given at Head Quarters in Newburgh the 28th March 1783
G. Washington


John Durham Alvey
R 3460  Continental

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Mr. John Durham Alvey, having resigned his appointment as Post Master to the American Army, I think it but just to say, That his attention to duty and the whole tenor of his conduct, during a continuance of nearly five years in said office, has been such as to give general satisfaction and entitle him to the esteem and regard of all good men.

Given at West Point
This 28th March 1783,
H Knox
C Major General

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Bennington, Vt. March 20, 1843

Col. J. L. Edwards
Sir,
Herewith I send the declarations & papers of Hetty Fassett, widow of J. D. Alvey for a Pension.
The evidence was taken to be used before Congress where the second marriage was an obstacle to the grant of Pension at the department, which explains the earlier date than the declaration.
From a brief enclosed I think there can be no doubt but that Mr. Alvey belonged to the staff of the army & as such his widow, must be considered as entitled to a pension at the rate of his pay $40 per Month as from [?] resolutions of Congress 19th & 22 Feby 1782, vol. 3, p 720-24

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Will you have the goodness to inform me the month of the application as soon as may be convenient.
I am Sir very respectfully yours,
H. Hall

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Washington   Feb 19, 1844

Col. Edwards

Sir-- A day or two since I had the honor to introduce a resolution which was passed referring it to the Committee on Revolutionary pensions to inquire into the expediency of placing the name of Mrs. Hetty Fassett the widow of the late John D. Alvey Post Master General of the American Army of the Revolution upon the pension list.  The resolution is now before ^the^ Com. and your will much oblige me and the petitioner by sending the papers now in your office to the Chairman of the Com. Mr. Rathbun of Ho. Reps.

Yours respy.
D. A. Seymour

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Nov. 17, 1852

Addl. evi. in case of Hetty Fassett decd formerly did. of John D. Alvey.

H

F. E. Hassler
Present

Col[?]

3460

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Washington, D.C
16" November, 1852Hon:
Hon: J. E. Heath
Comm. of Pensions
Sir:
By virtue of a power of
attorney, and for and in behalf of the heirs of
Hetty Fassett, widow of John Durham Alvey
I respectfully ask a reexamination of their
claim for a revolutionary pension. In doing so
it is necessary for me to state, that I feel convinced, from an inadvertency, the Department has denied a pension to the person who was as legally entitled to the same as any Geographer who received it, or his appointment, by virtue of the resolves of the old Continental Congress. It is obvious that if any Geographer received a pension
one should be allowed to the present claimant.
I respectfully ask the office to an attentive
legal, equitable and liberal perusal and comparison of the two cases as they appear in
papers A. B. & C. hereunto attached, by which it is amply illustrated that the office of Post Master to the army was sooner and much more directly recognized as a military service than that of Geographer.
I am, Sir, very Respectfully your Obt Sevt.
F.E. Hassler

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A
Journal of Continental Congress April 22, 1782.
Resolved [illegible] x x x x x; that from
and after the 1st day of May next, each officer
shall be entitled to draw daily the number of
nations, and to receive monthly as subsistence
the number of dollars and parts of dollars.
affixed to their several ranks, viz:
A Major Genl. 5  rations per day- $31. 60/90 per month
x x x x x x x
Depty by Q. M. with Southern Army 2 rations per day  - $12.60 /90 per month.
Deputy post Master of the army 1 per day--
&c &c &c
Download

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B
Journals of Congress Feb. 23, 1782.
x x x ordered that the resolution
of the 19" respecting the pay
of John Durham Alvey, be
reconsidered:
Resolved, that John Durham
Alvey postmaster to the main
army, be allowed for his
past services to this day, the
sum of 40 dollars per
month in full of all allowances, except the rations of forage and provisions received
by him; and that the post master general settle his accounts accordingly.
Journals of Congress
November 12, 1782
x x x 
Whereas no provision has been made by
Congress for the geographers
to the armies of the United States: therefore,
Resolved, that the geographer to the main army, and the geographer to the southern
department, be each of them allowed 60 dollars per month three rations per day, forage for two saddle horses, one two-horse
covered wagon, 6 2/3 dollars per
month for a servant, for whom
they shall be entitled to draw
one ration per day, and the clothing allowed to a private soldier.
That the assistant geographers, if
such officers shall be judged necessary
by the commander in chief, be allowed 30
dollars per month, one ration per day,
and forage for one saddle horse.

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C.

Journals of Congress   December 4, 1780

x x x x x x x x x x x x 
Resolved that Mr. Simeon de Will be appointed geographer to the Army, in the room of Robert Erskine, deceased.

Statement showing the names, rank &c of persons residing in Albany County in the State of New York who have been inscribed on the Pension Roll under the act of Congress passed June 7, 1832.

x x x x x x x x x 
Simeon De Will geographer. $600 per annum - continental - placed on Roll April 9, 1833 - 

x x x x x x x x x

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[left side of document]

Hetty Fassett
Revoly Pension
Vermont suspended
act 1838

Col[?]

filed 18 Nov 1853
F. E. Hassler

[right side of document]

Nov. 18, 1853
Requesting reconsideration of decision in the case of the widow of John Durham Alvey.

F. E. Hassler, Present.

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Washington DC
November 17  1833

Hon L P Waldo 
Commiss of Pensions

 Sir
In reply to your letter of the 3d of May
last the the case of the pension[?] of John Durham Alvey. I would respectfully state that by the resolves of July 15 1780, April 22 1782, and Oct 23 1782 it will appears that Congress recognized the "Field Post Master" & "Deputy Post Master of the Army" as an Officer of the Army and voted him the means of transportation with the Army in the field and also substance from out of the Army fund.

    By the resolve Mar 11th 1782 it will appear that Congress recognized John Durham Alvey as post master "with the main army" as directed that upon a warrant from the Commander in Chief.  The Pay master should pay him for his services thirty five dollars per month, in addition to his rations. 

  By the supplemental ordinance of October 28 1782 It will appear that Congress authorized the Post Master General to allow to his deputies a certain commission on the postage received from letters, whilst they continue in force the resolve of the 11" March 1782, which granted to John Durham Alvey a certain monthly compensation to be paid to him, like other officers, by the Paymaster General upon a warrant from the Commander in Chief.

     By the resolve of 30" June 1775, article 32, it is

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declared that "all persons whatsoever serving with the continental army in the field" are subject to the articles, rules and regulations of the continental army; and, of necessary consequence, the "Field Post Master" or the Deputy Post Master of the army," who was required to be with the Head Quarters of the Army, was embraced within this article. And, if so he was subject to be tried by a Court Martial and punished for any infringement of the rules and articles of war, either by suspension, or by the stoppage of his pay which, as has been show, was under the control of the commander in chief.
For these reasons I respectfully ask a reconsideration of the decision of the Pension Office in the case of Maj. Alvey and that a pension may be allowed.

I am Sir, Very Respectfully
Your Obt. Servant
F. E. Hassler

N.B. I respectfully refer to the enclosed extracts from the Journals of Congress.

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      Extracts from the Journals of Congress
July 15, 1780 "Resolved that the following 
proportion of wagons and that horses be allowed to the different ranks of officers" 
 &c & Viz

"Major Genl & family I covered for horses wagon 

Depy AOP Genl with a separate army. 1 two horse wagon

Field Commy of Military Stores &c
 1 two horse wagon, two bat horses.

Field Post Master 1 two horse wagon or 2 bat horses

Express Rider 1  "

February 23d 1782 " Resolved that John 
"1782"Resolved That John Durham Alvey,
post master to the main army, be allowed for his past services to this day the sum of 40 dollars per month, in full of all allowances, except the ration of forage and provisions received by him; and that the Post Master
General settle his accounts accordingly."


March 11" 1782. " Resolved That John Durham  Alvey appointed by the Post Master General with the main army, be, and he is hereby entitled to receive from the Paymaster

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General, on a warrant from the commander in chief, the sum of 35 dollars per month for his services, and that he shall also be entitled to one ration per day"

April 22, 1782. "Resolved that from and after
first day of May next, each officer shall be entitled to draw daily the number of nations, and to receive monthly as subsistence
the number of dollars and parts of dollars, affixed to their several ranks, viz:
and

Deputy Post Master of the Army 1 ration per day

Chief Physician & Surgeon  2 rations per day
" Hospital Surgeon   1 ration "

Oct 23, 1782 "Resolved That the following be
the proportion of wagons and bat horses to the different ranks of officers

Field Post Master; 1 bat horse."

October 28. 1782
"A supplemental ordinance for regulating
the post office of the United States of America"

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June 20, 1775.  Article 32.  "All Sutters and retailers to a camp, and all persons whatsoever, serving with the continental army in the field, though enlisted soldiers, are subject to the articles, rules and regulations of the continental army."

November 5, 1776.  "Resolved  x x That the Deputy Post Master at Head Quarters be allowed four rations every day, out of the public stores there, for the subsistence of himself, his riders and servant."

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Revolutionary 
Hetty Fassett
widow
John Durham Alvey
Vermont
suspended
1838

Filed 21 October 1854
F. E. Hassler

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1.

In the matter of the application for a pension by the widow of John Durham Alvey, Postmaster to the main Army in the War of the Revolution.

The Act of June 7, 1832 provided pensions for "Each of the surviving officers, non-commissioned officers, musicians soldiers, and Indian spies, who shall have in the continental line or State troops, Volunteers or Militia" &c.   [blank]  The letter of the Commissioner of Pensions dated May 30, 1853 admits that the claimant is entitled to the pension if Alvey, was included in this provision. Hence the sole question for consideration is [underlined] Was Alvey an officer serving in the continental line or State troops? [/underlined]  The Commissioner of Pensions has decided he was not, while Alvey's widow claims, that he was.  The former contends that the office was a civil one & not provided for by the Statute.  With all due respect to the opinion of that most worthy functionary, I beg to differ with hm on this point.  He is mistaken in the substance

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2.

and terms of the Statute."  He [possibly We] supposed that the "officer" must have held a "military office," and held a "military commission."  Neither the words, nor the spirit, of the Statute required this.  [underlined] First, if Alvey was an officer & served, he is included in the Law, [/underlined] whether his original commission constituted him as part of the army or not.  The Statute required two things as the only prerequisites.
1.  [underlined] The party must have been an officer. [/underlined]
2.  [underlined] He must have served in the continental or State Line [/underlined]&c for six months or more.
The object of the Statute, is to [underlined] reward service [/underlined] rendered, as a part of the force resisting the common enemy, in the great struggle for freedom.
The capacity in which the party acted is of no importance, except to regulate the rate of such reward.  If he formed a part of the American power of resistance, he must have shared in the privations, sufferings & inadequate compensation, & deserved the reward equally as much, as those who formed a portion of the officers of the line or were enrolled in the ordinary staff.
If Congress had ordered a civil magistrate of their creation to join the army & perform

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3.

function essential to its success, & he had obeyed the order, he wold have "served" within the spirit, meaning & words of this Statute.
His merit & claim to reward, would rest upon the "service" & not upon the nature of his first commission.  The records of the old Congress, show that they appointed Chaplains to open their sessions with prayer, if after their appointment they had been sent to Head Quarters, to serve under Genl. Washingtons direction, & had remained with him through the war, they would have been entitled to pensions under this Statute, not on account of the nature of their offices, but because of their service
The "office" would have been civil, and "service" military being a part of the means used to resist the common enemy.
To avoid this construction the word "military" must be interpolated before the word "officers", and after it, the word "commissioned as such."  The spirit of the provision, as well as its terms, forbids the idea of making such an addition to the words o the Statute.  The object of the law is to reward meritorious services, in resisting

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4
the power of Great Britian and in a chiring independence in the field
Whether the office held a commission which authorized him to command others to fight or to supply the wants of the whole or did in the great work of resistance has nothing to do in estimating the merit of the services rendered or the claim to the reward which is tendered The man who repairs to the camp and devotes his time & exerts his skill & talents to dispatch and & receive the intelligence necessary to the action of Congress the movements of the main army or scattered forces of the military power renders a service in no respect less military or less meritorious than that rendered by the pay-master Quartermaster, Judge advocate, chaplain or Topographical engineer upon his skill & fidelity The safety of the operations of the whole might depend while the pay master was intrusted to convey & distribute money to the army post master was confided the duty of conveying the wishes and acts & the very thoughts of those who then controlled the destinies of our country. His duties

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5
were more delicate & important than those of the officers above named conceding as we must that the object of the law is to reward meritorious service we cannot avoid the conclusion that this officer whether his commission was civil or military was one intentionally provided for on the ground of his services Hence the claimant is entitled to the pension demanded whatever my have been the character of his original employment
Second The office of post master to the main army to as a military office
The question whether an officer belongs to the civil or military service depends upon the duties confided to him by his appointment & not upon the name or title conferred An army is composed of two classes the combatants and the non-combatants the latter being necessary for the management & preservation of the former pay rations & transportation a knowledge of distances routes & localities constant

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6
communication and copied and safe transmission of orders, dispatches & intelligence on all necessary elements in the management of a war During the Revolution one presented extended & convenient mail system had no existance while the presence of British armies & tories rendered the safe transmission of dispatches orders & other intelligence a matter of great difficulty the presence at Head Quarters of an officer of capacity & skill to whom this duty could be confided became highly important 
Mr Alvey is understood to have held an important office under the authority of Congress with a commission or other evidence of it issued by the post mater general The necessities of the army clearly demanded the services of such an officer at Head Quarters Congress transferred him or authorized his transfer from his old employment where he might pursue his ordinary avocations while attending to limited official duties and where he could enjoy in peace and quiet the society of his family and friends & he was required to abandon all & follow

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7
the movement of the main army and participate in all its privations hardships & uncertainties Duties were imposed upon him which were not devolved upon the ordinary post mater the service was special & military and not of a civil character
The following extracts from the journal of the old continental Congress prove all that is necessary to establish the present claim.
Monday March 11 1783
On a report of a committee consisting of W Montgomery, W Osgood & W Bec to whom was referred a letter of the 27th of February from the Post Master General"
Resolved that John Durham Alvey appointed by the poste master general with the main army be and is hereby entitled to receive from the pay master general on a warrant from the commander in chief the sum of 35 dollars per month for his services and that he shall also be entitled to one ration per day Journals of Congress Vol 3 p. 733 April 22 1782, a resolution was passed repealing certain resolutions, as to pay, sub=

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sistence & of certain officers which closes with this provision
That from and after the first day of may next each officer shall be entitled to draw daily the number of rations and to receive monthly as subsistence the number of dollars & parts of dollars affixed to their several rans viz
Thus after specifying a large number of officers it provides for
"Deputy post master of the army one ration" Journals of Congress Vol 4 p 18 Here Congress expressly calls him an "officer"
Monday Oct 28 1782
"The Supplemental or deviance for regulating the post office was read a third time and passed as follows
The ordinance recited certain matters which it states ought to be modified and corrected & adds and no provision is made therein for the deputy post master with the main army in order therefore to remedy the defects of the before mentioned ordinance
"Be it ordained" &c
"And be it further ordained by the authority aforesaid that the act of the United States in Congress assembled respecting the post master as the Head Quarters of the army passed on

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the 11th of March 1782 be and the same is hereby revived and declared to him full force"
Journals of Congress Vol 4 p 99
By reference to pages 96.97.98. of the same volume, it appears that the former provisions concerning the Quarter Masters department were repealed & new regulations established at page 97 is this provision
That the following be the proportion of waggons & bat-horses to the different ranks of officers unless otherwise directed in special cases by the commander in chief or commanding officer of the southern army
At page 98 it provides "Field post master one bat horse" " That a ration of forage per day shall consist of 14 pounds of hay and 10 qts of oats for each horse" 
Here the post master is referred to and expressly specified as one of the "officers" provided for Congress itself in one of its enactments clearly describes him as one of its officers

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10
Duane in his military dictionary published at Philadelphia in 1810, at page 35 says, "Bat horses are baggage horses, belonging to officers when on actual duty." 
James in his military dictionary describes a bat horse, "as a horse on which is allowed to an officer of the army on duty."
The London Encyclopedia vol 3 p 640 says "Bat horses or baw horses in military affairs baggage horses belonging to the officer when on actual duty"
These extracts establish the following positions 1 That Alvey was selected as post master to the main army by the post master general & undoubtedly at the suggestion of Congress and at the request of the commander in chief
2 That on the 28th October 1782 his employment was revived & continued.
3 That he was paid by the post master general upon the warrant of the commander in chief his monthly compensation like other officers
4 That he received rations & forages like other officers
5 That he was provided a bat horse or baggage horse like other officers on duty & none but officers were entitled to them

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6 Like other officers, he was attached to and formed a part of the army & remained at head quarters to perform his duty under the immediate direction of the commander in chief
These parts prove him to have been a military officer Mr Alvey at first entered the service under the selection of the post master general when Congress revived and continued him by it's own resolution His service after this was by direct order of Congress & not by the post master general
He was paid out of the military chest like all military officers & drew rations & forage and was furnished a horse ike them He served at head quarters & his name is found upon the rolls the same as other officers The commissioner of Pensions raises the following objections
1 That the post master general had the supervision of his conduct 
This no where appears and is wholly inconsistent with his position & duties
If his service was military it mattered not who supervised his conduct he would still be in the militray service & would be in

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fact and in law a military officer
But while stationed at the Head quarters of the main army to transmit dispatched and convey intelligence under the direction of the commander in chief his conduct was subject to the supervision of the latter functionary Unless he was subject to his orders he could be of little or no service to the army If he acted under the control of the commander in chief his services were vastly important
In the latter case he would employ & dispatch post riders as the existences of the service might require: his fidelity and shill might save an army, the want of either might sacrifice it
2 He alleges that the post master general had the final settlement of his accounts Here the commissioner has misapprehended the facts of the case, the exact date of Mr Alvey's first employment is not ascertainable from the journals of Congress but it appears that prior to February 19 1782 he had been in service, and a committee to whom his memorial to Congress was referred reported Whereupon
Resolved: That John Durham Alvey post master to the main army be allowed for

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his past services to this day the sum of 40 dollars per month in full for all allowances & that the post master general settle his accounts accordingly
That the poste master general take order for procuring & appointing a suitable person on the best terms he can to serve as post master to the main army & report to Congress
Journal of Congress Vol 3 p 720
On the 25 of February 1783 p 724 is the following referenced to by the commissioner
"Resolved that John Durham Alvey post master to the main army be allowed for his past services to his day the sum of 40 dollars per month in full of all allowances except the rations of forage and provisions received by him and that the post master general settle his accounts accordingly"
The last resolution contained an exception not in the first relating to forage and provisions These resolutions were passed in February 1782 & relate to past services which alone Congress empowered the post master general to settle
The poste master general undoubtedly recommended Mr Alvey & induced him to consent to serve again as is clearly inferred

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from the following on the 11th of March following Mr Alvey by a resolution of Congress vol 3 p 733 copied above was ordered to be paid like other officers of the army by the pay master general on the warrant of the commander in chief On the 20th day of April vol 4 p 18 by resolution above quoted he is spoken of as an "officer" and allowed a ration per day On the 23d October 1782, (same vol p 97) he is again spoken of as an "officer" & 1 p 98) is allowed a bat horse On the 28th October 1782 (p 99) his employment under the resolution of the 11th of March previous was "revived & continued"
All this is subsequent to the resolution referred to by the commissioner & proved clearly that for all the time subsequent to the 23d of February 1782, he is mistaken in supposing that the post master genl had the final disposition of his accounts
And even there of a prior date, could only be adjusted under a special order of Congress Altho it may be true that the post riders employed by Mr Alvey might be payable thro the post master general Mr Alvey himself after the 23d of February 1782 was paid his salary & supplied his horse forage & rations precisely like other

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officers of the army for services Before that date he was referred to the post master general for all but forage & rations Hence the commissioner of Pensions was in error when he alleged that the post master general had the final disposition of his accounts
3 The commissioner seems to supposed that Mr Alvey was not subject to the rules and articles of war & could not be tried & punished for any offence by a court martial Here he is doubtless mistaken under the rules & articles of war When in force (Vol 1 p 90 to 99) there are numerous offences for which Mr Alvey could have been tried by a court martial and punished If he had treated the commander in chief with contempt & disrespect had drawn his sword or other weapon upon him had refused to obey his orders (in Sending off a dispatch or in holding over on received) had excited military in camp, had refused to aid in suppressing a mutiny had deserted camp without leave, had persuaded other officers & solders to desert had refused to aid in quelling an affray had sent a challenge to an officer to fight a duel, had caused false alarms by firing guns

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beating drums or other means had done violence to, or insulted persons bringing provisions to camp, had made known the watch word, to those not entitled to receive it had held correspondence with or given intelligence to the enemy, or had aided in forcing a surrender of the post to the enemy, had used insulting words & gestures in presence of a court marshal, had behaved in a scandalous and infamous manner & , &, ; he could clearly have been convicted & punished by a court martial A plea, that his employment was a civil one under the poste master general could not have protected him If a soldier had drawn a weapon upon him the soldier also could have been convicted
It cannot be believed that Mr Alvey had taken Washington's dispatches desgined for the commander at other posts or for congress and had taken them to the enemy he could not have been tried by a court martial & punished Living in the camp from necessity he must have been furnished with the watch word, as he could not have attended to his duties without being able to pass like other officers none can believe

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that if he had given his watch word to the enemy so that they could enter in disguise in the camp that it was not to military offence no one could doubt that for creating a mutiny or compelling the commander a surrender he could have been tried & punished, as they were offices created by the military law they could not have been tried or punished by the civil tribunals Hence the commissioner is mistaken when he alleges that Alvey could not have been tried & punished by a court martial, & that the journals of congress do not show that he could
The fact that he could be so tried proves that his service was strictly military and not civil
4 The commissioner supposed that there is a substantial difference between the cases of Mr Alvey and Simeon De Witt
Here he is mistaken on the 4th December 1780(vol 3 p 533 Congress "Resolved that Simeon De Witt be appointed geographer to the army in room of Robert Erskine deceased" For his services in this capacity De Witt received a pension under the caiso mi question The commissioner says that his service was with the army so was Alvey's

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That eh was under the control of the commander in chief so was Alvey that he was subject to the rules & discipline of war so was Alvey that he was appointed by the continental congress, so was Alvey, after his first service & throughout the whole, undoubtedly at the request of Congress That he had a commission, so doubtless had Alvey The commissions do not constitute appointments and are merely evidence of it That he performed duties now committed to another officer so did Alvey He says De Witts duties were like those of the present "Topographical & Engineer Department" they were doubtless more of the topographical crops but not of the engineers proper & were necessary & proper The duties assigned Mr Alvey were equally necessary & proper & are now performed where the post office department does not extend to the case, by one of the staff departments of the army
It must be obvious to all that our army in actual war must be in constant communication with its different divisions and with the department of war Upon some person or some class the duty of making it must be devolved in order to secure access

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to our arms It is more devolved upon the commissary department while during the revolution it was committed to Mr Alvey It is now an admitted military duty and performed as such as it clearly was then Hence the case of De Witt, and Mr Alvey are entirely parallel in every thing now material Both received forage pay & rations, both performed duties with the main army necessary to its success and shared in its toils and hazards the one was pensioned the representation of the other ought to be Thus every objection signed by the commissioner has been over thrown while the reasons presented are unanswered & unanswerable It has been clearly shown that it is the nature of the service & not the name designation or title of the officer that confers the right to a pension
A civil officer ordered into actual serving in the army would come with the reason as well as the words of this statute for such a case the legislative power would be imposing a new and a military duty upon the officer The service would then be military and the officer by the law become military all the original duties may have been of a totally different character The object of the statute was to reward

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20.


those who had been engaged in protecting the country & expelling the British.  It is not confined to those whose official duties required them actually to fight, if this was so, nearly all staff officers, could be excluded.  The pay-master, Q-masters, Commissary, Judge Advocate, Surgeons, Chaplains, Topographers, have other duties assigned them, and still all these are included in the Statute, altho' their duties were no more onerous, or hazardous than Mr. Alvey's, it is understood they have been pensioned.  To exclude his case would be sacrificing substance and principle to comply with a formal objection, which only exists in the imagination.
[underlined]  I have carefully examined the questions involved, and have not the shadow of a doubt, that Mr. Alvey's case, comes clearly within the statute, and the pension should be granted. [/underlined]

R. H. Gillet
Counselor at Law

Dated July 8th 1854

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Washington, D. C.
March 4" 1854

Hon. L. P. Waldo,
Commr. of Pensions

Sir

With all respect for the opinion  (on the claim of Hetty Fassett, widow of John Durham Alvey, act of 1838, Vermont suspended) expressed in your  letter to me rejecting the claim I deem it a duty due my client to ask you to reconsider the decision, and to take into consideration the following undeniable facts, viz.
1st That John Durham Alvey was recognized by Congress as the "Post Master with the Main Army" See Journals of Congress 11 March 1782.
2d  That he was paid for his services by the "Paymaster General on a warrant from the Commander in Chief" - (See Journals of Congress 11 March 1782) and not as other Post Masters were paid - See supplemental ordinance, Journals of Congress, October 28, 1782.
3d  That he was recognized by Congress as an officer of the army, and transportation provided for him accordingly. See Journals of Congress, October 25 1782 from which I extract as follows "That the following be the proportion of wagons and bat horses to the different ranks of officers" &c xxx." Field Post Master, one "bat horse." See also Journals of Congress of 22d April 1782, the resolution determining the amount of rations to

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be drawn by the different grades of officers, among whom is enumerated the "Deputy Post Master of the Army."
4.  That his duties were confined to the transmission of letters to and from different portions of the Army; that the Office was created solely for military purposes; and that when the war terminated, the office terminated with it.
5.  That the duty of transmitting intelligence, by letters from one portion of the Army to another is in itself [underlined] "military duty" [/underlined] and that this duty was performed, in the Florida and Mexican wars by officers of the Army (Quarter Masters)
The foregoing considerations are most respectfully submitted, in the confident assurance that they will meet with full and careful attention.

I have the honor to be
Very Respectfully
Yr Ob. Servant
F. E. Hassler

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Washington City, D.C.
Oct. 30 1854

R. H. Gillet, Esq.
Washington D.C

Dear Sir
You are hereby authorized to appeal to the Honorable Secretary of the Interior in the Revolutionary Pension claim of Hetty Fassett, formerly widow of John Durham Alvey on the Vermont suspended roll Act July 1838

Yours truly
F. E. Hassler

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Washington Nov 1. 1854

Sir

I enclose you a letter from Mr F. E. Hassler in relation to a claim of Mrs. Hetty Fassett.  I am not aware, whether any special form is necessary to take the case before the Secretary of the Interior.  But I presume all that need be done is to request you, as I now do, to send the case to him for his consideration.  I will thank you to correct me, if in error in this respect.  You will much oblige by apprising me, when the case is sent to the Secretary, that I may wait upon him before he acts upon it.

Respectfully your
obedt. sevt.
R. H. Gillet

Hon L P Waldo
Commissioner of Pensions

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Brief for committee

References to Journals of old Congress--

J. D. Alvey's being subjected to court martial seems conclusive of his Military character

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John Durham Alvey, Post master in the American Revolution has left a widow who asks a pension under The act of July 7th 1838 for the following reasons-
Unlike other postmasters he was --

1.  Deputy Postmaster to the American Army & not stationary -- Vol. 4 pg. 184 April 4th 1783

2.  His pay like that of other officers of the Army was assigned him not by the Post Master General but directly by Congress - Vol. 3, pg. 720  Feb. 19th also pg. 724 Feb 22d 1782.

3.  His duties involved not only the safe keeping of & delivering of letters but their conveyance from one part to another which is often attended with great hazard.  Vol. 4 p. 217 - April 30th 1783

4.  The duties of his office exposed him to the perils of the camp at Head Quarters -

5.  He was regarded by Continental Congress as an officer of the army & so called in their  assignment of rations Vol. 4. p. 18th April 22d 1782

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6.  As an officer of army & a retainer in the camp he was subject to court martial in case of a non-fulfillment of duty.  Vol. 1 - pg. 482 Sec. 2. Art. 2 Sept 20 1776 - Fol. 1. pg. 489 Art. 23 Sept. 20th 1776.

7.  Amidst the dangers of the Revolution he faithfully discharged his duties in the camp of the American Army for nearly five years - Certificates of ^Generals^ Washington & Knox