Revolutionary War Pension and Bounty Land Warrant Application File R. 10,888, John Van Pelt, New Jersey New York

SERVICE
NUMBER _____
New Jersey New York.
Van Pelt, John Sarah
P 10,888
CONTENTS

Know all men by these presents. That Whereas I the undersigned Sarah Van Pelt (widow of John Van Pelt deceased - as soldier of the War of the Revolution) did some time in the year 1844. Make & file My Declaration & other proofs. to Entitle Me to a Pension. in the Pension Office at the City of Washington. And whereas My said Application was Rejected & Suspended - for Reasons to Me unsatisfactory - And believing that as the Widow of the late John Van Pelt I Am. Entitled to a Pension for his said services in the Revolution & also being satisfied that My said proofs to sustain said claim ought to have been satisfactory to the Department -
I do hereby Make Constitute And Appoint Thomas Ewing Junr Esq of the City of Washington My true & Lawful attorney for Me & in My Name. to ask & Demand a Review the Commission of Pensions of My said Claim & to do and perform all Lawful acts & things necessary & requisite to be done in order to have My said claim Reviewed & a pension granted Me. And to do & receive all and every thing touching My said Claim. at the Pension Office or Elsewhere which I might or could do if I were personally present - And an attorney or attorneys herein under for the purposes aforesaid to make and at his pleasure to revoke. And to confirm all and and whatsoever My said attorney or his substitute shall Lawfully do or cause to be done in the premises by virtue of these presents -
In testimony whereof I the

Said Sarah Van Pelt aforesaid have hereunto set My hand & Seal at Penn Yan Yates County N.Y. this 2 day of August A.D. 1857
Sealed & Delivered in Presence of Joseph N. Dillins Thos H Locke
Sarah Van Pelt
State of New York
County of Yates ss. On this 2 day of August 1857
Before me the subscriber a Justice of the Peace in & for said County. Personally appeared Sarah Van Pelt to me known to be the person described in & who Executed the foregoing Power attorney & acknowledged She Executed the same for the uses & purposes therein mentioned —
In Witness Whereof I have hereunto set My hand & Seal this 2 nd day of August 1857
Thos H Locke J.P.
State of New-York, } ss. Yates County Clerk's Office,
I, ALFRED REED, Clerk of said County, and of the County Court of said County, being a Court of Record, do hereby certify, that
Thomas H. Locke Esquire, was, at the date of the certificate of proof or acknowledgment of the annexed instrument in writing, a Justice of the Peace in and for said County, duly authorized to take the same; that I am well acquainted with his hand-writing, and verily believe that the signature to said certificate is genuine. And that the annexed instrument is executed and acknowl- edged according to the laws of this State.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the seal of said County, at Penn Yan, this _____ day of _____ 1857
Alfred Reed CLERK.

Sarah Van Pelt Brief Argument J. J. Coombs Esq.
J. J. Coombs Atty

Claim of Sarah Van Pelt, widow of John Van Pelt, dec d . for Pension under Act of 7 th July 1838, & subsequent acts.
To establish this claim, it is necessary to prove two facts: 1 st , that the claim- ants husband served as much as six months in the war of the Revo- lution; and 2 o . that she was married to him prior to 1794. It is admit- ted by the Pension Office, that the fact of marriage prior to 1794 is suffi- ciently proved. The only question, therefore, now to be considered, is the fact of service.
The widow claims in her decla- ration, "that her husband, the said John Van Pelt resided in the year 1779 in the town of Richmond, Staten Island, N.Y. on which Island he was born and brought up. That in the year 1779 he either volunteered or was drafted into the Militia of said State, and went into the Army. She always understood him to say that he served under Col. Pawling and some other Colonels in the troops of the State of New York. That the names of his Captains she does

not recollect, but recollects one, To wit, Capt. Williams. That she always understood him to say, that he was, in several engagements with the enemy - and that after serving un- der Capt Williams and Col. Pawling, he went into the state of New Jersey and in the County of Mid- dlessex, and there again entered the Army of the Revolution, and served there till the end of the war. That she has forgotten most of the names of his officers, but to her knowledge he served a number of months in the troops raised in said County of Middlesex, New Jersey - that he was severely wounded in two different engagements while in said service, &c.
She presents, as evidence in sup- port of this declaration:
1 st The Certificate of the Comptroller of New York; showing that certificates were issued for balance of pay, for Rev- olutionary services, in the Service and Militia of New York, as follows:

10 th June 1779- To John Van Pelt , priv. under Capt. Geo. Lane, Col. Henry Ledington's Regt. for £1. 6. 1
26 th Dec r 1781. - To John Van Pelt , priv. in Capt. David Williams' Co. Col. Albert Pawling's Regt. for £19. 4. 0
Also - The certificate of the Sec y . of State of New Jersey, showing that on the 1 st of May 1784, an indent was given to John Van Pelt , for balance due him for services in the militia of Middlesex County New Jersey, of £1. 16. 8
She also presents the affidavits of Mary Dilks and Abn. Wagener, (aged 78 years,) who swear that John Van Pelt, the claimant's husband was always reputed to have been a revolutionary soldier.
The several payments shown above to have been made to John Van Pelt , although only made in payment of balances due, amount to consid- erably more than six months ser- vice. The £19. 4. paid to John Van Pelt of Col. Pawling's Regt. would

cover a service of between seven and eight months.
Commissioner Edwards, in 1844, rejected this claim upon the ground that the John Van Pelt who is proved by the record evidence to have served, is not identified as the same man who was claimant's husband, and the present Commissioner, in his report to you of the 17 th ult. merely encloses said letter of Commissioner Edwards as containing the grounds of the rejection or suspension of the claim.
It however requires but a very brief examination of the papers to discover, that the only objection against allowing for the service in Col. Pawling's Regiment, is founded on an error of fact . Col. Edwards, in his letter above referred to says; that " by her own declaration, her husband had moved to Middlesex County, New Jersey, before 1781, when a soldier of his name served in Pawling's Regiment of Levies " and this is the only objection he makes, as to said service in Pawling's Regiment.

Now over that the claimant in her declaration, not only does not make the statement above attributed to her - but on the contrary states the very reverse . She no where states that her husband moved to New Jersey before 1781, nor does she mention any time at which he removed, except that it was after serving under Capt Williams and Col. Pawling
There is still another error in Col. Edwards' letter. He says that it was in 1781, that a soldier by the name of John Van Pelt served in Col. Pawling's Regiment. The record does not prove that the service was in 1781 . The certificate was issued on that date, for services performed before that time - but it does not appear when the service was performed.
Having shown that the only objection against allowing the claimant a pension for the service proved in Pawling's regiment, is untrue in point of fact, the claim stands unimpeached.

As to the service in New Jersey, the only objection made to its al- lowance is, that it did not (or is not shown to have) amounted to six months. Of course if the New York service is allowed, the New Jersey service will then come in to extend the length of service
Very respectfully submitted
J. S. Coombs, Atty for Ct.

Sarah Van Pelt widow of John Van Pelt. N. York Act. 7 July, 1838
See letters 31 Oct 1844 to J. G. Austin, and Hon. C. H. Carroll H. R. 16 July 1846
S. Ray {newspaper no addl. evidence} Sept 30 1857
J. Ewing Jr Dec 5/51
" " Jan 7 8/52
J. P. Coombs Mch 18/52
V. Deering of the S. of Smith
Ames Mitchell May 72
C. H. Averill May 1/56
New J. Mch 23 " "
" G. W. Jones Feb 12 1857
Scarsdale Observer Nov 7/59
" " Dec 24/59

Veterans Administration Washington D. C.
Dear Sirs:
There are records in the office of the Adj. General in Trenton of three men in Revolutionary War service by name of John Van Pelt of New Jersey. To help me in attempting to use the right record, may I have what data (family, if possible) your office may possess -
Many thanks to you for your courtesy -
Yours very truly
Mrs. J. W. Mershon 159 Nassau St - Princeton N. J.
January 11, 1940.

LA VERNE C. GILLARD FORT ATKINSON, WIS.
Lock Drawer J. (From sur)
November 27 1916.
Commissioner of Pensions
Dear Sir,
Will you please send me the war record of a John Van Pelt who served during the Revolutionary war? He enlisted in the State of New York. His wife Sarah Van Pelt applied for a pension during the 2nd session of the 28th congress . This is as definite knowledge as I have of this man and of course there may have been more than one man of this name.
Thanking for your kindness and consideration in this matter, I am
Sincerely yours
Mrs L. C. Gillard

Rev Sec The Commission of Pensions. Washington, D. C.
Dear Sir:
I am making application for membership to the D. A. R. and would like all the information you are able to give me of one John Van Pelt who was born April 8 - 1758 at Jamaica Long Island, and died 1829 in the town of Milo, Yates Co. N. Y.
I believe he served in a New Jersey Regiment, and was in

the latter of White Plains Springfield Trenton and Brandy-wine.
Thanking you for your kindness -
Most Sincerely -
Mrs. Richard C. Findley 8605 Carnegie Avenue Cleveland. Ohio.
March 28 th 1916.

per gen ✓ Bureau of Pensions. Washington, D.C.
Do your records show any pension granted to John Van Belt or his widow Sarah? He was born in Perth Amboy, N.J. in 1758, and died in Yates Co., N.Y. in 1829. He married in N.J. in 1782 Sarah Platt, and she lived until 1854. The service must have been in New Jersey . His headstone states that he was a soldier of the Revolution. Both are buried in Penn Yan, N.Y. The family tradition is that he lost his fore arm in the war, so it must seem that he was entitled to a pension. He lived from about 1787 to 1798 in Northumberland Co., Penna., then moved to a farm near Milo, Yates Co. If he was a pensioner, his great granddaughter wishes a copy record of his service

address reply to
Miss O. S. Wallace
345 Lafayette Ave.
Buffalo.
N.Y.
Oct. 28. 1914

1914 Nov. 3. Miss O. S. Wallace hist. and Mrs. Richard B. Lindley. And 1916, Dec. 15. Hist. to Mrs. L. C. Lillard 1925-Sept-1-Hist. to Bd. of Cemetery Com- missioners - mmr. 1925 1940 Jan. 27. Hist to Mrs. L. W. Emerson. A.D.Y.
REJECTED
10888
P. O. Sarah Van Pelt
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
1852 Printed list. Application filed Rejected and Suspended Pensions given 18 reasons for suspension:
Alleges: For proof of identity with the John Van Pelt
Re-enlisted: of Pawling's regiment.
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

W. Waggoner Dec 21

Trustee Office, Decr. 24 th 1859.
Madam.
I return herewith the letter of N. M. Gilbert, Esq. addressed per me the 9 th Inst. and in reply to you of the 19 th Inst. I have to state that on the 3 rd March, 1857, a private Act was passed by Congress for the relief of the heirs of John & Sarah Van Pelt. Mr. Gilbert as the Attorney of said heirs, received from the Treasury, Drafts for the Amount allowed by said Act. I have no jurisdiction in the case to which you allude.
This is to certify, that unless you comply with the terms of the Contract indicated by Mr. Gilbert, Mr. Coles not recovers without great troublesome expense.
Mr. Charlotte Waggoner, Jamaica, Long Island, N.Y.

Jamaica Long Island N.Y. Dec 19 th 1859
Commissioner of Pensions
Dear Sir
In Your reply to my letter of the 31 st of Oct - You State that no allowance can be made to the heirs of a deceased revolutionary soldier or of his widow under existing pensions laws
enclosed I send You a letter of J. H. McElhenth which we received on the 10 th inst shall we do as he requests and give the facts as he States them - we never signed any papers for the application - please advise & much oblige Yours Truly J. Waggoner for Charlotte Waggoner

Jamaica Long Island N.Y. October 31/59
Hon. Commissioner of Pensions - Washington City D.C.
Dear Sir
We have been informed that an allowance has been granted to the heirs of John VanPelt a Soldier of the Revolution of 1776 - was then a resident of Staten Island N.Y. - My wife Charlotte is his youngest daughter - Have the goodness to advise me of the facts in the case - and direct what vouchers are to be signed to obtain her share - and much oblige Yours Respectfully
Samuel Waggoner

And Mr's Office. Mar: 7 th 1859.
Sir:
In reply to your letter of the 31 st Ult o . We are informed, that no allowance of a pension has been made to Mr. Van Pelt or to Sarah, his widow.
A claim has been filed in the name of Sarah Van Pelt, for the benefits of the act of 7 th July, 1838. Her claim has been inspec d repeatedly.
No allowance can be made to the heirs of a deceased revolutionary soldier under existing pension laws.
Samuel Waggoner, Esq. Jamaica. New York.

Rev. G. H. Jones
Feb. 12/37

Pension Office, Feby 12, 1857.
Sir:
I have the honor to return, enclosed herewith, the petition and accompanying papers in the case of the application of the children of Sarah Van Pelt, deceased, widow of John, for arrears of pension; and to say, in answer to your letter of the 28th ultimo, that I know of no further facts or papers in the case of importance to your Committee.
Hon: Geo. W. Jones, Chm Com. on Pensions. U. S. Senate.

Washington City D.C. Jan. 28 1857.
Sir
The enclosed "An Act. No. R. 55 th For the relief of the surviving children of Sarah Van Pelt, widow of John Van Pelt, a revolutionary soldier". Is herewith referred to your office, for such facts or papers as your files afford and the case may seem to demand
Very Respectfully
Your Obedt. Servt.
G. M. Jones
Com. Pensions
U.S.S.
Hon. Geo. C. Whiting Com. Pensions

May 23/86

Pension Office May 23, 1836
Sir,
Agreeably to your request, I transmit herewith, the papers and evidence in the case of the children of Sarah Van Pelt, widow of John, for Pension under the act of 7 July 1838.
Wm Jacob Brown, Cha m C om Rev Pensions
Rev

House of Representatives
Committee Room
Revolutionary Pensions
the May 13 th 1886
Hon. R. M c Clelland
Secretary of Interior
Sir.
You are respectfully requested to furnish for the use of the Committee on Revolutionary Pensions the papers evidence on file, in your Department in the claim of the children of Sarah Van Pelt Widow of John, who applied for a Pension or arrear of Pension under the act of July 7, 1838 granting Pensions to widows of the soldiers of the Revolution
Very Respectfully
Your Obl. Servt.
Jacob Broom
Chairman of Comm ee

May 1/1838
Old book
Ch. Averill

Pension Office May 1/1835
Sir
The copy of the declaration and evidence on file in the case of Sarah VanBelt of NY presented by you, increases the bulk of the case, but I can not conceive how it is expected to give it any additional strength.
The late Secretary of the Interior upon a personal examination of all the evidence decided that this Office had properly refused to allow the claim.
I could not go behind that decision without the production of new and material additional evidence, even if I thought the differently from my predecessors in regard to the merits of the claim, which, however, is not the case,
1838]
C. H. Averill Esq Present

Kanses Point April 10. 1856
Hon J. Minton Comm. of Pensions Sir,
I enclose the claim of the children of Sarah Van Pelt a Revolutionary Soldier, under the Act of July 7, 1838. As this case was informally before the Pension Office heretofore, it is now supposed to be in form, and is again presented for allowance with additional proofs. The identity of this John Van Pelt with the person of the same name who appears on the Rolls of New Jersey & New York, is claimed to be made out from the fact that no other or but one John Van Pelt appears ever to have served, & the wounds which the ancestor of the claimants bore upon his body, are incontrovertible & sufficiently certain that he is the person who served.
I am Very Respectfully, Yours &c. C. H. Norris Atty for claimant.
You may answer me at Washington C. H. N.

William Lanpher
Aug 22/58

Pension Office
Aug 22 1853
Sir
Since my letter of the 9th inst, the case of Sarah Van Pelt widow of Ino of N.Y. has been found. of late The Secretary of the Interior, Mr Stewart, decided that the case should not be allowed, and it can not now be re-opened without the production of new and material additional evidence,
Mrs Van Pelt Esq Williamsville N.Y.

Pension Office Jan 7 8, 1852
Sir,
The additional testimony in the case of Sarah Van Pelt, widow of John, claiming a pension under the Act of July 7, 1838 has been examined and filed. If you will turn to the copy of a letter addressed to J. G. Austin from this office on the 31 st of Oct r 1844, enclosed in mine of Dec r 5/51 you will find that the testimony now transmitted does not in any way satisfy the demands therein made. Until the requisitions made in the above named copy of a letter shall have been complied with, the claim cannot be allowed.
Respectfully Y r Ob d Serv t
Comm r of Pensions
J. Ewing Jr Esq. Washington D. C.

Washington D.C. Oct 2. 1857
Sir,
Enclosed herewith is a power of Atty from Sarah Van Pelt widow of John Van Pelt, giving me authority to prosecute her claim for revolutionary pension under the Act of 1838, which is now on the New York suspended file.
I respectfully request a re-consideration of her claim.
I have the honor to be
Your obedt Servt -
Thos: Ewing Jr.
James E. Heath Esq Clerk of Pensions

Sarah Van-Pelt Widow of John VanPelt Declaration for Pension under Act July 7/38 New York State.

Washington
Dec 22. 1857
Gen. E. Heath Esq Comm r of Pensions Sir
I herewith enclose you an application in the case of Sarah Van Pelt- of New York, claiming the benefit of the act of 7 July 1838.
The widow is still living Yours sincerely R. H. Tuttle A. S. O'Neil

John Van Pelt died April 22 1828, Sarah Van Pelt died May 29 1854 Married
Rachel King 1 Mary Ashley 2 Nancy Dilks 3 George Van Pelt 4 Anthony Van Pelt 5 Sarah Lee 6 Charlotte Wagner 7 James Van Pelt 8
It is not known who made this memorandum or what it was taken from. No legal value at all aw

Section
Rev. and 1812 Wars Section
mmhf
April 1, 1885
Board of Cemetery Commissioners, Penn Yan, New York.
Sir:
I have to advise you that from the papers in the Revolutionary War pension claim R. 10888 it appears that John Van Pelt was born April 8, 1758 in Jamaica, Long Island, also that he was born and brought up on Staten Island.
Soldier married Sarah born February 14, 1766, the daughter of John Platt. He died in 1826 or 1827 in Yates County, New York.
His widow Sarah applied for pension(a part of the papers executed in Penn Yan, New York in 1851)and it is alleged that soldier was living in Richmond, Staten Island when the Revolution commenced and moved during said war to Middlesex County, New Jersey, and that he served in the New York and New Jersey Troops and was twice wounded.
The claim was not allowed owing to lack of proof of the alleged service.
Respectfully,
This was only for information data & fam. data, except widow, left out
Acting Commissioner.

Mrs. L. C. Gillard, } Dec. 15, 1916. Lock Drawer J. Fort Atkinson, Wis.
April 8, 1916
Mrs. Richard C. Findley, 8605 Carnegie Avenue, Cleveland, Ohio.
Madam:
In response to your letter dated the twenty-eighth ultimo, you are advised that in the Revolutionary War pension claim, Rejected File No. 10,688, it is alleged that John Van Pelt was born April 8, 1758, at Jamaica, Long Island; also that he was born and brought up on Staten Island, where he was living at Richmond, when the Revolution commenced, and that he moved during said war to Middlesex County, New Jersey. It is also alleged that he served in the troops of New York and New Jersey and was twice wounded.
He married Sarah, daughter of John Platt, and he died in 1826 or 1827, in Yates County, New York. Sarah was born February 14, 1766, and was living in 1853, with a grandchild (name not stated). Their youngest daughter, Charlotte, was the wife of Samuel Waggoner, of Jamaica, Long Island, in 1859. A grand-son, William Van Pelt, lived in Williamsville, -----, in 1853.
The widow, Sarah, applied for pension under the Act

of July 7, 1838, but her claim was not allowed, owing to lack of proof of service.
Very respectfully,
A handwritten signature in cursive script, reading "G. M. Satchgaber". The signature is written in dark ink on a light background.
Commissioner.

Rev. War section.
November 5, 1914.
Miss O. S. Wallace, 345 Lafayette Avenue, Buffalo, N. Y.
Madam:
In response to your letter of the twenty-eighth ultimo, you are advised that in the Revolutionary War pension claim. Rejected File No. 10,888, it is alleged that John Van Pelt was born April 8, 1758, at Jamaica, Long Island; and also that he was born and brought up on Staten Island, where he was living at Richmond, when the Revolution commenced, and that he moved during said war to Middlesex County, New Jersey. It is also alleged that he served in the troops of New York and New Jersey and was twice wounded.
He married Sarah daughter of John Platt and he died in 1826 or 1827, in Yates County, New York. Sarah was born February 14, 1766, and was living in 1853, with a grandchild.(name not stated. Their youngest daughter Charlotte was the wife of Samuel Waggoner of Jamaica, Long Island in 1859. A grandson William Van Pelt lived in Williamsville. ---- in 1853.
The widow Sarah applied for pension under the Act

of July 7, 1838, but her claim was not allowed owing to lack of proof of service.
On May 23, 1856, the original papers filed in this claim were forwarded to the chairman of the Committee on Revolutionary War pensions in the House of Representatives and an act of Congress was passed by the House March 3, 1857, for the relief of the surviving children of Sarah widow of John Van Pelt. Said papers do not appear to have been returned to this Bureau which is therefore unable to furnish you a specific account of their contents.
Very respectfully,
G. M. [unclear] Commissioner.
omit in future
printed * see list of private claims for the Act p 478. it was approved by the House but does not appear to have been acted on by the Senate. Van Pelt. - 2. aw. Apr 8. 16.

LAKE VIEW CEMETERY Board of Cemetery Commissioners
PENN YAN, N. Y.
J. A. UNDERWOOD C. H. WHITFIELD W. G. MacKAY C. H. HAVENS, Supt.
March 19, 1925.
Commissioner of Pensions, Washington, D. C.
Dear Sir:
Under a recently enacted law the State is requiring of us a great deal of detailed information regarding the veterans of several wars who are buried in this cemetery. We find ourselves unable to give much of this, and will be very thankful if you can give us the detailed record of service of one John Rawalt or Rewalt, who served in the Revolutionary War with several bodies of Pennsylvania troops, and who, according to his headstone, was a Major. He died in 1821, and his wife, Anna, who survived him by a number of years, received a pension.
According to our local histories there came to this place with Rawalt one John VanPelt, also a Revolutionary soldier, who probably served in the same bodies of troops, and it is said that his widow also received a pension for his services, but of this we can find no trace. If you records show such a pension, we would be deeply grateful for his record as well.
Very truly yours,
Board of Cemetery Commissioners.

Williamsville Mch 28 th 1883
In Sir
Will you please inform me what were the services stated to have been performed by John Van Pelt. (a revolutionary soldier) and the objections to allowing the pension to his Second wife widow. Many years since she made an attempt to get one and I understood failed to do on account of not being able to prove her marriage or to designate which of two John Van Pelt, who were in the army. During his life time he was in good circumstances and like many at that day thought none should secure pensions, but those who were paupers And on that ground rejected all suggestions on the matter. although suffering under a wound received at Springfield N.J. and Benton at the taking of the Bunker He was also at White Plains & Kings bridge Was confined in camp at Morristown N.J. by the flux which carried off so many of our troops. He was a 6 months man in the Army. (I think) Regiment afterwards was in the Secret Service Such at least was his account of it or member his narrations

He had a cousin of the same name in a Pennsylvania Regiment. He left a father, and fortune, and joined the revolutionary army, although a minor. He sacrificed all, for liberty, and said he himself was satisfied. But to withhold a pension from his widow who is now a great age and in want of it can not be justified at least. He was born in Jamaica L.I. Apr 8 th 1758. and died in 1826 or 1827 in Yates Co N.York. He was married immediately after peace was declared. The widow was the daughter of John Platt, born Feb 14. 1766. and is 87 years old and is living with a grand child. She is my Grand Mother. and John Van Pelt was my Grand Father. If you will please inform me what are the affectionate & I will be much obliged. The names of his officers I cannot remember. He used often to speak of his Captain with much pleasure. If any thing can be done even at so late a date it would be received with, satisfaction although unjustly deprived, of her due for many years.
Yours truly William Van Pelt

A. S. Coombes Mar 18/52

184
Pension Office
March 18. 1852
Sir:
In the case of Sarah Van Pelt, the decision of this Office has been confirmed by the Secretary of the Interior.
J. J. Coomb Esq Pension

Department of the Interior Washington March 15. 1852.
Sir,
I have examined the case of Sarah Van Pelt and find that although decided adversely in 1844, no appeal was taken — After the lapse of seven years an appeal is prayed — I consider the delay of itself sufficient ground for refusal to act in this case — But on the merits as well as on this ground Your decision is confirmed.
I am very respectfully Your obedient servant Alex. H. H. Stuart Secretary.
James E. Heath Esq. Commissioner of Pensions

Washington D.C. Jany 12. 1852.
Sir,
I beg leave to appeal to you from a recent decision of the Commission of Pensions suspending the claim of Sarah wid of John Van Pelt, under Act of 7 th July 1838, on the ground of an alleged insufficiency of evidence of her husband's service in the war of the Revolution - the papers in support of her claim are on the New York suspended file -
I am very Respectfully
Your Obedt Servt
Theod. Ewing Jr.
Hon A. H. H. Stuart Secretary of the Interior
Stuart

Washington D.C. Jany 5. 52
Sir,
Please find enclosed additional evidence in support of Mrs Sarah Van Pelt, claim for pension under the act of 7 th July 1838, which I hope will be deemed sufficient to complete the claim -
Very Respectfully
Your obed Servt
Theo. Ewing Jr.
James E. Heath Esq Comm r of Pensions

329 Pension Office July 16 th 1846
Sir,
I have the honor to acknowledge the receipt of the papers enclosed by you in the case of Sarah Van Pelt, widow of John Van Pelt, which have been filed with those heretofore sent to this office by her agent Agent Mr. Austin.
These papers afford no additional evidence in support of Mrs. Van Pelt's claim, and the Department can see no good reason for changing the decision already communicated to her.
In her declaration Claimant alleges that her husband entered the service in 1775 that he was either volunteered or was drafted in the Militia of New York. Staten Island was at that time and during nearly the entire period of the war in possession of the enemy. Hence the  the Militia from that period could in 1779 have rendered no service! And no proof whatever identifying her as the widow of John Van Pelt of Col. Paulings regiment has been produced.
The certificate of the Comptroller of New York exhibits two settlements with a second being

the same name with Mr Van Pelt's husband but there is no evidence whatever to identify her as the widow of that soldier. And as that Certifi- cate bears date prior to that of her declara- tion it cannot of course be received as proof of the premises set forth therein.
Mr. Austin's letter is herewith returned.
Hon. C. H. Garver July 16. 1846
Hon. C. H. Garver House of Reps.

N o 10419 Sarah Van Pelt.
3

The Papers in the case of Sarah Van Pelt were sent to the House of Representatives for the use of the Revo. Pardon Committee. They were withdrawn by the Hon. C. H. Carroll, and he supposing he had a right to them, took them from the Clerk's Office & left them here. He, however, again withdrew them, and recaptured to the Pardon Office for them, Aug. 12. 1844. See his receipt on file. The case must not be acted on again unless the papers of the papers are returned to the Pardon Office. See the letter to J. G. Austin 31 Oct. 1844 -

Pension Office,
October 31. 1844.
Sir,
In the case of Sarah Van Pelt, the proof is sufficient to shew that her marriage took place prior to January 1794. But the service is not set forth in the particulars required by the rules, nor does the evidence adduced from the records at Albany apply to her husband's service. The John Van Pelt in Luddington's regiment in 1779 was not a resident of Staten Island; and by her own declaration, her husband had moved to Middlesex County, New Jersey before 1781 when a soldier of his name served in Pawling's regiment of Levies. With respect to the Militia service in N. Jersey after 1779, in the first place, no term is specified; and in the second, it may well be doubted whether a Middlesex Militia man who did not enlist, or was drafted into the State Troops for frontier defence, could have rendered as much as six months service.
I am respectfully,
Your Obt. Servt.
J L Edwards
Jamys G. Austin, Esq.
Phelps,
Ontario County,
N. York.

Brief
Sarah Van Pelt; appeal from decision of Comr of Pensions.
Claim
Pension as widow of John Van Pelt: for Revolutionary Services under act July 7 th 1838. —
Evidence.
1 st declaration of Claimant, stating the services of her husband John Van Pelt as recited to her by him in his life time — proof of marriage prior to 1794 — (which is admitted by Comr Pensions see paper marked 2) — Certificate of Comptroller of State of New York of the amt due John Van Pelt for Military Services (£20. 10 s. 1 d.) in the Companies commanded by Capt. Geo. Lane, in Col. Ludingtons Reg t and by Capt. David Williams in Col. Albert Paulings Reg t — Certificate of Comptroller of New Jersey of amt due John Van Pelt for Military Services, May 1. 1784 £1. 16 s. 8 d. as awarded by Thompson Stelle, as Commission for Middlesex County. — See paper marked N o -1.
2 nd additional Evidence, deposition of Abraham Wagner - dated Jany 2 o 1852. testifying to Reputation of John Van Pelt as a Revolutionary Soldier. see paper N o -8-

All the evidence in support of this claim is embraced in papers N o . 1 & N o . 8 - marked evidence - papers 3, 4, 5, 6, 7 & 9 are merely corresponded on the claim.
The Law. Act 7 th July 1838.
Requires six months service at least, and marriage prior to 1794. to entitle the widow to pension - The proof of marriage is deemed sufficient by the Comr of Pensions see his Report & enclosure. marked N o . 2 - The objections raised to the allowance of the claim is that, the John Van Pelt who served in the State of New York is not the same person who served in Middlesex Co. New Jersey, and that the declaration of the claimant shows that Van Pelt removed to New Jersey before the alleged service was rendered in New York. See letter of Col. Edwards marked N o . 2 & filed as part of the Commissioners report. - The report of the Commissioners & Mr Coombs' argument for claimant is herewith enclosed.
Respectfully Submitted
W. Celsay