Revolutionary War Pension and Bounty Land Warrant Application File S 44030, John H Wendell, New York.

SERVICE
NUMBER
New York.
Wendell, John H.
S 44030
CONTENTS

20.260
New York
John H. Wendell
of Albany Co. in the State of New York who was a Captain in the _____ commanded by Captain _____ of the Regiment commanded by Colonel Van Schaick in the New York line, for the term of _____ from _____ 17 to _____ 17
Inscribed on the roll of New York at the rate of forty Dollars per month, to commence on the 28 th day of May, 1830
Certificate of Pension issued the 1 st of Novem- ber 1830 and sent to Rich d Yates Esq. Albany, N.Y.
Arrears to 4th of Sept r 1830 $ 130.32 Semi-annual all ce ending
$ 130.32
{ Revolutionary Claim, Acts March 18, 1818, and May 1, 1820. }
28 May 1830
Recs Book D. Vol. 5, fol. 154
See letter to Agent 2 nd Nov 1830. do. to same 1 Dec. 1830. do. to Pensioner & Agent March 29. 1831. part of papers coh d for Mrs Pawling, Feb 6. 1836.

Act 1828 Settled at Treasury Cons d with Invalid file # 44.030

John H. Wendell found 1132 3/4 No of orig Payt 10.
REVOLUTIONARY CLAIMS.
Jacob H. Wendell found as having to the end of the War page 67.
TREASURY DEPARTMENT.
11 Nov 1828.
John H. Wendell of Albany in the County of New York has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such until reduced
at which period he was a Captain in the first regiment of the New York line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, Nothing.  dollars, paid to him by the agent in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary
The claimant having received a pension under the above was referred & being admitted to the benefit of the act of 15 th May 1828 by a special act of Congress the Third Auditor is requested to state what amount of pension he has received.  Treasury Department 15. Nov. 1828.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
Nov 13. 1828
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Jacob H. Wendell in the New York line, amounting to Sixteen hundred dollars.
It further appears that John, or Jacob H. Wendell is now on the pension list of the  any  agency, and has been since the 3 d March 1826 at the rate of
per month. Richd Hagner Aud
It appears from the returns made by the Agent for paying Pensioners at New York City that John H. Wendell a Newly Pensioner was paid at that Agency from the 28 th May 1830 to the 28 th March 1832 amounting to $849.33. The accounts of the Agency have been rendered to include the 2 nd Quarter of 1832 only.
Nov. 17. 1832.
Richd Hagner Aud

State of New York Albany ss.
Catharine Wendell Anna Wendell and Maria Wendell of the City of Albany being duly sworn respectively depose and say That they the said Catharine Anna & Maria are of age and are the only surviving Children of John H. Wendell late of the said City Albany. That the said John H. Wendell left no Widow, That the said John H. Wendell departed this life on the tenth day of July last past having duly made his last Will and Testament, to the execution whereof the said Catharine & Maria have been duly appointed and qualified That the said John H. Wendell deceased is the same person mentioned and intended in the Revolutionary Claims Certificate Number 1082 issued from the Pension Department of the United States, dated the fourth day of August on Thomas eight hundred and thirty two and signed by Louis McLane Secretary of the Treasury and is the same John H. Wendell for whose bene- fit a sum was passed during the last session of Congress and approved by the President of the United States on the fourth day of July last.
Sworn this 20 th day of November 1832. Before me -
Executante } Cath: Wendell Maria V. V. Wendell Anna Wendell
Gerrit S. Dood Instrument Record

An Act
For the further relief of John H. Wendell, a captain in the revolutionary war.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3 the benefits of the provisions of the act, entitled "An act for 4 the relief of certain surviving officers and soldiers of the army 5 of the revolution," passed May fifteenth, eighteen hundred and 6 twenty-eight, be extended to John H. Wendell, a captain in 7 the army of the revolution; and that he be paid and accounted 8 with in the same manner as if he had already complied with 9 the requisitions of the fourth section thereof; to be paid out 10 of any money in the Treasury not otherwise appropriated: 11 Provided, That, in paying and accounting with the said John 12 H. Wendell, any sums of money paid to him under the act 13 passed the twenty-seventh day of May, eighteen hundred and 14 thirty, entitled "An act for the relief of John H. Wendell, 15 a captain in the revolutionary war," be first deducted; and 16 any further payments under the said last mentioned act shall 17 cease and be discontinued.
Approved, July 4, 1832.
The annexed is a correct copy of the Law bearing this title enrolled in this office.
Dept of State, 7 July 1832. Daniel Brent, C. C.

Hon. Richard Rush, Secy of the Treasury U.S.
Sir. -
In your letter of 30. June 1820. which I had the honor of receiving from you, and in which you announced to me that I (a Service officer of the Revolution) am not embraced within the provisions of the act of 15. May 1820. you observe that the act "includes those officers only, who continued in the Service to the end of the war, or who were reduced under the arrangement of 1780". Not perceiving that by the terms of the act the latter class are included amongst those intended to be provided for, I presume they are included by an equitable construction , and if the act admits of such a construction, then it appears to me it equally admits of a construction extending its benefits to all officers who remained in Service after that period, although they did not continue to the end of the war, provided they were honorably dismissed, because they had already earned the bounty of the government now conceded to those who retired in 1780. and were certainly not less meritorious than those who retired, inasmuch as the continuance of their Service was longer. -
In this view of the law I cannot but hope that on a reconsideration of my case, you will admit my claim. On the reduction of the army in 1780. I was continued in Service, and remained in Service until 5. April 1781. when ill-health induced me to resign my commission as a captain in the army. If I am wrong have the goodness to point out my error, and do me the favour to State how it happens that a continuance in the Service for six months after the reduction of 1780. should deprive me of the pay which according to your letter I would have been entitled to had I retired in 1780. -
A line will be sufficient; and I flatter myself arduous and multifarious as are your duties you will not deny the favor of an answer to a revolutionary Soldier. -
Most respectfully
Your humble Servt
H. Wendell
Albany 16. October 1820. -

Commission in favor of John H. Wendell, as captain 3 rd Comp y 4 th Battalion N.Y. reg t , dated 1 st March 1796. —
Commission for same as captain 8 Comp y 1 st Battalion N. York reg t , dated 1 Nov r 1796
Commission for same as captain 1 st N. York reg t to rank from 1 March 1796 & dated 28 th June 1799. —

I John H. Wendell of the City of Albany in the State of New York do hereby Certify and declare, that I was an Officer in the Continental line of the Army of the Revolution, and served as a Captain to the time when the Arrangement of the Army, provided by the Resolves of Congress of the third and twenty first of October in the Year of our Lord one thousand seven hundred and eighty, was carried into Effect, and was Continued under that Arrangement at which Period I was a Captain in the first New York Regiment of the New York line, and Served as such, untill the fifth day of April in the Year of our Lord one thousand seven hundred and eighty one, when in Consequence of ill Health I Resigned my Commission. Given under my hand, at the City of Albany this tenth day of June in the Year of our Lord, one thousand eight hundred and twenty eight.
J. H. Wendell
Before me John C. Astrander a Commissioner duly authorized to administer Oaths in the City of Albany in the State of New York personally appeared Matthew Trotter and Wilhelmus Ryckman of the said City who did severally make Oath that John H. Wendell by whom the foregoing declaration was subscribed is generally reported and believed to have been an Officer in the Army of the Revolution in manner as therein stated.
Witness my hand this tenth day of June in the year One thousand eight hundred and twenty eight.
John C. Astrander Commissioner

I Laurence Van Klief Clerk of the Court of the County of Albany in the State of New York do hereby certify that John B. Ostrander before whom the foregoing affidavits were sworn was at the time a Commissioner duly empowered to administer Oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this tenth day of June in the Year One thousand eight hundred and twenty eight.
L. V. K. KLEEF Clerk

Ms. 21 Oct 1828.
FREE
Hon. Richard Rush.
Secy Treasury U.S. Washington.

I HEREBY certify, that the accompanying pages numbered from one to Five inclusive are. — truly copied from the originals in the Department of War.
J. L. Edwards
BE IT REMEMBERED, That James L. Edwards , who has signed the foregoing certificate, is charged with the general superintendence of the Pension Business in the Department of War, and with the safe-keeping of the Rolls, Books, Papers, and Documents, on file in said Department, in relation to said business; and that to his attestations full faith and credit are and ought to be given. In testimony whereof I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this 31 st day of July in the year of our Lord one thousand eight hundred and thirty
John P. Noble Acting Secretary of War.

1. State of New York. } ss. City & county of Albany }
Be it known that before me Robt. S. Hilton, a commissioner appointed to take acknowledgements of deeds and affidavits in and for the city, and county of Albany, personally appeared John H. Wendell of the city of Albany, and made oath in due form of law, that he is the identical John H. Wendell named in an act of congress passed on the twenty eighth day of May, one thousand eight hundred and thirty, and that he is entitled to a Pension of forty dollars per month on account of services rendered to the United States, during the Revolutionary War, that he served as captain in the first regiment of the New York line, commanded by Col. G. Van Schaick, that he now resides in the city of Albany, and has resided there for more than forty years.
Sworn & subscribed this twenty sixth, day of October 1830. before me
R. S. Hilton.
J. H. Wendell.
Commr of Deeds &c.

State of New York. Secretary's Office.
I certify that Robert J. Hilton before whom the within affidavit by John H. Wendell was made, is a commissioner authorized by the laws of this State to take affidavits duly commissioned and sworn, and residing in the city of Albany, that the within signature "R. J. Hilton" is the proper hand writing of the said commissioner, and that full faith and credit, may and ought to be given to his official acts.
In testimony whereof I have hereunto affixed the seal of this Office at the said city of Albany the twenty sixth day of October, in the year of our Lord one thousand eight hundred and thirty.
Arch. Campbell. Dep. Secretary.

State Bank.
October 26. 1830.
Col. Edwards Esq. of the War Dept. Pension Office Sir.
With this, I send you Capt. Wendells affidavit &c &c, prepared in con- formity with instructions rec. from your Office, I beg the favor of you to remit me a dft paya- ble either to my order, or the order of John H. Wen- dell, for the amt. of his Pension now due
May he expect for the future to receive his Pension, at the United States Bank in New York?
I am very respectfully your obt svt.
Rich. Yates.

State of New York. Albany County. ss.
Wilhelmus Ryckman of the city of Albany in the county of Albany, and State of New York, being duly sworn says that he was a lieutenant in the first New York regiment in the army of the United States, in the revolutionary war with Great Britain, that he was personally acquainted with John H. Wendell of the city of Albany aforesaid, who was a captain in said army, that the said John H. Wendell resigned his commission in the said army, soon after the redistrictation of the army. That this deponent always understood and believes, that the said resignation took place on account of the ill health of the said John H. Wendell, and his inability to serve by reason of such ill health, and further saith not.
Wilhel s Ryckman.
Swore this 18 th day of December 1829 before
me, B. M. Lansing, Comm r . &c. To take affidavits &c.,

State of New York. } County of Rensselaer } ss. Nicholas Van Rensselaer of the village of Greenbush, in the County of Rensselaer, and State of New York being duly sworn says, that he was a captain in the first New York Regiment, in the army of the United States, in the revolutionary war with Great Britain. That he was personally acquainted with John H. Wendell, of the city of Albany aforesaid, who was also a captain in said regiment. That the said John H. Wendell resigned his commission in the said army, soon after the redistricton of the army. That this deponent always understood and believes that the said resignation took place on account of the ill health of the said John H. Wendell, and his inability to serve by reason of such ill health and further saith not.
Nich s Van Rensselaer.
Sworn this 19 th day of December 1829. before
me. J. Koon. Comm re . for Renss. Co.

No. 24 Nov 1832
No 1082
Revolutionary Claims.
Under the Act entitled, "An Act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15 May, 1828.
Pay Certificate of
I Certify that John H. Wendell of Albany in the County of Albany in the State of New York is entitled to receive pay under the above mentioned Act, as a surviving Captain of Infantry in the New York Line of the Army of the Revolution, at the rate of forty dollars and _____ cents a month, payable during his life in the third day of March, and third day of September, in each year.
It is provided by law that the said pay shall not in any way be transferable, or liable to attachment, levy, or seizure, by any legal process whatever.
Given under my hand and the Seal of the Treasury of the United States, this fourth day of August in the year one thousand eight hundred and thirty two and of Independence, the fifty seventh.
Louis McLane
Secretary of the Treasury
Eng. by Thos. Webb
[Faint, illegible handwriting at the bottom left, likely bleed-through from the reverse side of the document.]

State of New York City of Albany
Before me, Gerrit L Dorr , a Justice of the Peace for the County of Albany in the State of New York personally appeared this day, * Catharine Wendell & Maria Van Vughten Wendell children of John H Wendell & Executrices in their said John H Wendell Will naming who exhibited to me a certificate issued by the Secretary of the Treasury, to John H Wendell Numbered 1082. and dated 4 August 1832 and hereto annexed. And the said * Catharine & Maria made oath that they are children of the said John H Wendell and Executrices of his last Will & Testament of the said John H Wendell deceased named in the above mentioned certificate of the Secretary of the Treasury, and as such is entitled to receive the pay due to the said John H Wendell from the 3d of March to the tenth day of July 1832. on which day he deceased.
Witness our hands, this Ninth day of November
in the year one thousand eight hundred and thirty two Sworn this ninth day of November 1832. before me. State of New York City of Albany Gerrit L Dorr Just. Peace Cath: Wendell Maria V V Wendell
Before me, Gerrit L Dorr a Justice of the Peace for the County of Albany in the State of New York personally appeared, this day, Catharine Wendell and Armance C Wendell of the said County, known to me to be respectable witnesses, who did severally make oath that they were neighbours of, and well acquainted with John H Wendell deceased mentioned in the foregoing affidavit, and that they have always understood and believed that Catharine Wendell & Maria Van Vughten Wendell are children of the said John H Wendell deceased and Executrices of his last Will & Testament. Witness our hands, this Ninth day of November in the year one thousand eight hundred and thirty two A. C. Wendell
Sworn this ninth day of November 1832. before me. Gerrit L Dorr Just. Peace J. P. Schuyler
* Here insert the name of the Widow, Children, Children and Guardian, or Executor or Administrator, as the case may be.
† Here insert, "she is the widow," or "He, she or they are the child or children, and that his, her, or their father, left no widow or other children," or "He is Guardian of (here give the names of the children) who are under age, and that, (mentioning the officer's or soldier's name) left no widow," or " Executor or Administrator," and that (mentioning the Officer's or Soldier's name) left neither widow nor children.
§ Here insert the name of the widow, and state that she is the widow; or if there be no widow, the names of the children, and whether they are believed to be of age or not. And if there be neither widow nor children, state that fact.

State of New York County of Albany, ss
I, Conrad A. Lueder Clerk of the Court of the County of Albany in the State of New York — do hereby certify, that Gerit L. Dea Esquire before whom the foregoing affidavits were sworn, was at the time, a Justice of the Peace — for the said County, and duly empowered to administer oaths.
In testimony whereof, I have hereunto set my Hand, and affixed the Seal of the said Court this Twelfth  day of November in the year one thousand eight hundred and thirty two
L. A. Van Dyke Clerk
( In addition to the foregoing, this, or a similar certificate, will be required, if the application be made by a Guardian, Executor, or administrator.) State of New York County of Albany, ss
I, Anthony J. Blauvelt Judge of the Court of Surrogate of the County of Albany in the State of New York do hereby certify, that Catharine Wendell & Maria Van Ruyven Wendell in the County of Albany in the State of New York have been duly appointed & are duly qualified Executrices of the last Will & Testament of John H. Wendell — in the County of Albany in the State of New York
In testimony whereof, I have hereunto set my Hand, and affixed the Seal of the said Court this Twelfth  day of November in the year one thousand eight hundred and thirty two —
A. J. Blauvelt
* Guardian, Administrator or Executor, as the case may be.

Rev. & 1812 Wars Section
MS.A
April 3, 1924
Mrs. W. H. Hyde 2360 Birch St. Denver, Colo.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S.44030, it appears that John H. Wendell was commissioned Captain of 3rd Company, 4th New York Battalion, March 1, 1776. November 1, 1776, he was commissioned Captain of 8th Company, Colonel G. Van Schaick's 1st New York Battalion. He resigned April 5, 1781.
He was allowed pension on account of said services, while residing in Albany, New York. He died July 10, 1832.
His wife ( name not stated ) did not survive him and in 1832 his children Catharine, Anna, and Maria Van Vughten were referred to. There is no further family data on file.
Respectfully,
Commissioner

Feb 28 - 24
Gentlemen
Have you any record of Captain Johannes Wendell of Albany for his services in wars of Revolution or before He comes in my line of descent and wish I might get his record
And greatly oblige
Mrs W.H. Hyde 2360 Birch St Denver Colorado

To be Dropt from the Revs. Roll of Albany - The name of J. H. Wendell

J. H. Wendel
 H_R. 160

JOHN H. WENDAL.
JANUARY 26, 1830.
MR. FORWARD, from the Committee on Military Pensions, made the following
REPORT:
The Committee on Military Pensions, to whom were referred the petition and documents of John H. Wendal, report:
That petitioner states he enlisted, on the first day of March, 1776, in the continental service, as a Captain in one of the New York regiments, and continued in such service until the fifth day of April, 1781, when ill health compelled him to resign, and he was honorably discharged. That his claim for services has been adjudged by the Secretary of War not to be within the act of Congress of the 15th of May, 1828. The Committee, however, believing that, having served so long, and being compelled to leave the service at so late a period, Capt. Wendal would have been embraced in the general provisions of that act, if his case had been then known to Congress, report a bill for his relief. His services seem to be substantially but not accurately proved, by Wilhelmus Richerman, and Nicholas Van Rensselaer, of the State of New York. These witnesses both further state, that they always understood and believe, that Captain Wendal's resignation took place on account of his ill health and inability to serve in consequence of it. Being assured of the good standing and character of Captain Wendal, the Committee believe themselves justified in making a favorable report.

H. R. 1607
John H. Wendel
Committee on Pensions

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1924 Apr 3 Kish & Mrs. W. H. Hyde Ms. 1.
44 030
INVALID.
Rev
File No. 44.030
John H. Wendell Capt Rev Rev
Act: 18 th March 18 th
Index:—Vol. 8 , Page 552
[Arrangement of 1870.]

Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
2 d Augt. 1832.
Sir:
I have the honor to inform you, that John H. Wendell — formerly a Captain — in the first — Regiment of the New York — line of the Continental Army ; and who has heretofore received a pension at the Albany — agency, has been admitted to the benefits of the abovementioned act.
I have the honor to be,
Very respectfully,
Your obedient servant,
Louis M c Lane Secretary of the Treasury.
The Hon. the SECRETARY OF WAR.

get Wendells Jan 27 papers.
James L. Freeman Esq.
My in 1830. act 4 July 32 Pension Office 10/1/32
3 papers W. Taylor

Doct. Edwards
Sir
I wish very much to get some knowledge of a Pension that was granted three or four years since to Col. Wandle of Albany, it was for an extension of his Pensions. It was obtained by Geo: Macey of Albany the last year he was Senator in Congress, which may direct to the year, where to look for it. If you will take some little pains to search it, out as I am told that yours is the proper place to look for it, you may afford me very essential aid in my business, and greatly oblige
your Respectful Servant
Tuesday Morn

Washington City
Rev. John Pentecost -
J. A. Church Esq.
act May 28. 1830
per. to com: May 28. 1830
$40 per month.
Revs. N. Y. roll
rec d Nov. 1. 1830

Rec: Nov. 1. 1830
Rev. N. G. roll
$40 per month
pay: to com: May 28. 1830
act May 28. 1830
J. S. Edwards Esq
War. Department -
Washington City D.C.

State of New York City and County of Albany } ss.
Be it known that before me Robt. Vinton a Commissioner appointed to take acknowledgements of deeds and affidavits in and for the City and County of Albany personally appeared John H. Wendell of the City of Albany and made oath in due form of law that he is the identical John H. Wendell named in an act of Congress passed on the twenty eighth day of May One thousand eight hundred and thirty and that he is entitled to a pension of forty dollars per month in account of services rendered to the United States during the Revolutionary War, that he served as Captain in the first Regiment of the New York Line commanded by Col. G. H. Schuyler, that he now resides in the City of Albany and has resided there for more than forty years.
Sworn and subscribed this twenty fifth day of October 1830. before me
J. H. Wendell
R. Vinton Commr of Subst.

State of New York Secretary's Office
I
Certify that Robert J. Hilton before whom the within affidavit by John H. Wendell was made is a Commissioner authorised by the Laws of this State to take affidavits, duly Commissioned and Sworn and residing in the city of Albany - that the within signature "R. J. Hilton" is the proper hand writing of the said Commissioner and that full faith and credit may and ought to be given to his Official acts
I
In Testimony whereof I have hereunto affixed the Seal of this office at the said City of Albany the twenty six day of October in the year of our Lord one thousand eight hundred and thirty.
Arch d Campbell Dep. Secretary

1. State Bank Dec. 26. 1835
J. L. Edwards Esq of the 3 d New Dept. - Pension office
With this I send you Capt. Wendell's Affidavit &c. prepared in conformity with instructions rec d from your office - beg the favor of you to remit me a draft payable either to my order or the order of Wm. H. Wendell for the amt. of his pension now due.
May be effect for the future to receive his Pension at the United States Bank in New York.
I AM very respectfully Yours Richd. Yates

John W. Wendell - States that he entered the Continental Army 1st of March 1776, and commanded a company in one of the New York regiments, and continued in such service until the 5th of April 1781, when ill health compelled him to resign. He petitions to be admitted to the provisions of the act of the 15th of May 1828, upon the plea, that had he been left out upon the plea, by the arrangement of October 1780, the act would have provided for him, and that a service of 6 months longer should prejudice his claim. Wilhelmus Byckman, and Nicholas van Renselaer, make oath that they knew Wendell to be a captain in the Revolutionary army and that he resigned his commission, soon after the reduction of the army, as they believe on account of ill health. There however is no proof that Wendell entered the army to continue therein to the end of the war or that his circumstances are such as to require the assistance of his country.

Respectfully referred to the War Department.
I. Dept Oct. 15 1830
Chas H. H.

Lincoln Office Oct. 16 1830
FREE Hon. Saml. D. Ingham Secy of the Navy of the United States of America Washington City
OCT 12
16

W. H. Bank October 11. 1835
Rev. Saml. D. Engle Secy of the Treasury of the United States
During the last session of Congress a Pension was voted to John H. Wendell of this city as a Revolutionary officer, but upon application at the Pension office in the city of New York we were informed they had no instructions to pay such a pension — Will you do me the honor to inform me where we shall apply for the payment of the Pension
have the honor to be With great respect Yours &c Richd. Yates

In the matter of the Petition of John H. Wendell
Affidavit of Captain Nich. V. V. Kerpelac.

State of New York } County of Rensselaer } ss. Nicholas Van Rensselaer of the Village of Green Bush in the County of Rensselaer and State of New York being duly sworn says that he was a Captain in the First New York Regiment in the Army of the United States in the Revolutionary War with Great Britain. That he was personally acquainted with John H. Wendell of the City of Albany aforesaid who was also a Captain in the said Regiment  Regiment . That the said John H. Wendell resigned his Commission in the said Army soon after the Reduction of the Army. That this Deponent always understood and believes that the said Resignation took place on account of the ill health of the said John H. Wendell and his inability to serve by reason of such ill health and further saith not.
Sworn this 19 th day of } Dec r Van Rensselaer December 1829. before } me.
John Commissioner of Pleas
19/1100 91.66

IR 160 The Petition of John H. Wendell
Praying an Amendment of the Act of 15. May 1820 relation to the Surviving Officers and Soldiers of the Revolution. —
Dec-29-1829 Rep. to Com. on Mil. Pensions Jan. 26-1830 Bill reported - N o 160
Spencer C. Pery

To the Hon ble The Senate and House of Representatives of the United States of America in Congress assembled. -
The Petition of John H. Wendell of the city of Albany in the State of New York. Respectfully Sheweth. -
That on the first day of March 1776 he enter- ed into the Continental service as a captain in one of the New-York regiments in the army of the revolution and continued in such service until the fifth day of April 1781. when ill-health compelled him to resign. his resignation was duly accepted and he honourably discharged. -
That he has presented his claim to the Secretary of the Treasury for the benefit of the "Act for the relief of certain surviving officers & soldiers of the army of the revolution." approved May 15. 1828. And hath received for answer that his claim is not embraced within the provisions of the Act, which (ac- cording to the construction of the late Secretary Hon. Richard Rush) includes those officers only who contin- ued in the service to the end of the War. or who were reduced under the arrangement of October 1780. -
Humbly conceiving that a continuance in service for nearly six months after the reduction of the Army in 1780. does not lessen his claim upon the justice of his country; and that at least he is enti- tled to the same munificence which has been extend- ed to the surviving officers of the Army of the revolution,

who retired under the arrangement of October 1780 and that the omission to include him and all others (if any) similarly situated could not have been intended, he -
Respectfully prays your honorable bodies by an amendment of the Act of May 15. 1828. or by a supplementary act to extend to him the same relief, which has been granted to his brother officers And as in duty bound he will ever pray. -
Albany Nov r 5. 1829.
J. H. Wendell

In the Matter of the Petition of John Albrecht
Affidavit of Wilhelm Ryckman

Of State of New York Albany County ss. Wilhelmus Ryckman of the City of Albany in the County of Albany and State of New York being duly sworn says that he was a Lieutenant in the first New York Regiment in the Army of the United States in the Revolutionary War with Great Britain. That he was personally acquainted with John H. Wendell of the City of Albany aforesaid who was a Captain in said Army. That the said John H. Wendell resigned his Commission in the said Army soon after the reduction of the Army. that the Deponent always understood and believes that the said Resignation took place on account of the ill health of the said John H. Wendell and his inability to serve by reason of such ill health and further saith not
Wilhel o Ryckman
Sworn this 10 th day of December 1829 before me
me Cyrus Lansing Commissioner Oralans Affidavit