Revolutionary War Pension and Bounty Land Warrant Application File W. 14,059, William Tudor, Continental (Mass.)

SERVICE
NUMBER
Continental (Mass.)
Judor, William Delia
W. 14.059
CONTENTS

Lib 6 Penn 5 Aug 4 6 to Mrs Commodore 1/2 10 August 1833 Do. to Hon. J.R. Underwood 11 April 1838
No 3. District of Columbia
Delia Tudor,
of _____ in the State of _____ who was a _____ in the _____ comm by Captain _____ of the _____ command by _____ in the _____
line for _____ widow of W m Tudor, dec d , Judg e Advocate General.
Continental
Incribed on the Roll of the Dist. of Columbia the rate of 600 Dollars — Cents per annum commence on the 4th day of March, 1834.
Certificate of Pension issued the 4 day of Aug: 1836 and sent to Mrs. T. present
Arrears to the 4th of Mar 1836 $ 3000. Semi-ant. allowance ending 4 Sept. — 300. $ 3,300.
Act 4 July 1836 { Revolutionary Claim, } Act June 7, 1832. }
Recorded by D. Brown Clerk, Book Vol. 1 — Page 195

James L Edwards Esq. Commissioner of the Pension Office 9-9-9- Georgetown D.C.

M rs Stewart encloses the Extracts from the Journals of Congress according to Mr. Edwards request and takes the liberty of adding her entreaties that he will cope with the arrangements as much as possible and that he will so far favour her dear and excellent Mother as to put the most liberal construction in his power on the out for her relief — M rs Tudor and M rs Stewart unite in offering Mr. & M rs Edwards assurances of their friendly regard. —
Sunday morning July 17 th 1836 —
We have a vol. of the Records of the Cincinnati of which Society my lamented Father was Vice President. I believe him to this destination by the Rules of the Society he must have served three years as Vice Colonel — I should be able to find the Col. which is mentioned as shall be sent to Mr. Edwards My Father was much endeared to the different members of this Society and he had a heartfelt pleasure in distributing amongst the unfortunate the annual charitable Donations which are conferred by the Society. These volumes are easily to be met with in Boston. — Delia Tudor Stewart
James L Edwards Esq r My Father was Judge Advocate on the trial which at that time created much excitement instituted by General Bourgoigne against Col. David Wesley — the manner in which he conducted the trial met with the highest commendations even from General Bourgoigne himself. The most remarkable fact was that David Wesley was my Father's particular friend.

he was identified with the earliest and most devoted period of the Revolution fighting every personal considerations and emolument with disinterested and patriotic zeal. The hardships unnum- bered particularly injured his health at various times which obliged him to retire an invalid.

No. 38.
Mrs. Judson
No. 2.
Statement of the services of W m Judson Esq. as Judge Advocate Genl. of the Revolutionary Army.
Ap. 1832.
adm d 600 pp. ft. ann.
To Mrs. Judson present.

Belisa Judson is the widow of William Judson, who was the judge advocate general of the Revolutionary Army. He was in active service in said Army until nearly the close of the war, when on account of ill health, he left the army one forlough, and never joined it again - to entitle his widow to the bounty in land, and to the commutation pay, being five years full pay, in lieu of the half pay for life, it is necessary that an act of congress should be passed in her behalf. Her claim is now within the spirit of the law, but without legislative aid, she cannot receive any thing - within two or three years, there have been two or three acts passed to relieve persons, whose claims are very much like the claim of Mrs Judson. In one among others, to the act for the relief of Stephen Olney of Pa. I. passed at the last session of the 20 th Congress, the act for the relief of Easton & Storer, widow of Col. Hambleton, passed the 1 st session of the 21 st Congress. It is believed that the act in favor of Mrs Hamilton widow of General Hamilton will also furnish a law in point -

Judge Judas was appointed Judge Advocate General July 25 August 76 appointed Lieutenant Colonel of the Army: warrants settled up to August 78

" " " Marriages
" 1778
"Mar: 5. William Tudor Esq Delia Jarvis."
This may certify to all concerned, that the above is a true copy from the Record of Marriages kept by the minister of the New-North Church in Boston; that the above date was in the ministry of the Rev: Andrew Eliot D.D; and that it from this record it appears, that the above parties were duly married by him at the time above mentioned, viz, Mar: 5 1778.
Francis Parkman, Pastor of [ the New-North Church
Boston July 27. 1836.

Mr. Tudor
New York, 26 th October 1835.
My dear Madam
I know your excellent husband Judge Tudor long and well. — He was Judge Advocate General of the Army in the early part of the war of the Revolution and held the Rank of Colonel. I am unable to give you the date of his appointment; but am very confident that he served a sufficient time to give him a just title to the benefit of the Pension Law — and I believe that no Officer deserved it better.
Your Application must be made to the Secy at War at Washington, in whose Department the execution of the pension law is placed. I am sure that Gov. of Cap will take pleasure in advising and assisting you in your Application.
Sincerely wishing you Success
I am Dear Madam
Your faithful Servant
M. Turnbull

Extracts from the journal of the Old Congress - respecting Am d Tudor Esq. &c &c -
Sela Tupper Mass.

Extracts from the journals of the Old Congress respecting William Tudor Esq r
Vol. 1. p 130 - Resolved 1775 July 29 th
William Tudor Esq r was elected Judge Advocate of the Army.
" p 142 - 1775 Sept r 28 th - Resolved that the pay of the Judge Advocate in the army of the Massachusetts Bay for himself and his clerk be fifty dollars per month from the time of his appointment -
" p 138 - 1776 Aug t 10 - Resolved that William Tudor, Judge Advocate General, have the rank of Lieutenant Colonel in the army of the United States; and that he be ordered immediately to repair to the discharge of his duty at New York -
Vol. 2. p. 88 - 1777 April 11 - Resolved that the pay of the Judge Advocate be raised to sixty dollars per month
" p 492 - 1778 March 27 - Resolved that John Lawrence Esq r , Judge Advocate General, be hereafter allowed 75 dollars per month, his former rations and forage for two horses
Vol. 3. p 414 - 1779 Dec r 21. - A letter of the 18 th from J. Lawrence, Judge Advocate General was read; - whereupon resolved that until the further order of Congress the subsistence of a Judge Advocate be the same as the sub- sistence of a Colonel; and that the subsistence of a Deputy Judge Advocate be the same as the present subsistence of a Lieutenant Colonel.
" p 546 - 1780 Nov. 10, Resolved that the salary of John Lawrence as Judge Advocate be settled at the rate of 60 dollars per month from the time of his appointment to the 27 March 1778; and from that day to the 1 st of August last at the rate of 75 dollars per month: That the depreciation on his pay shall be adjusted on the same principles as are directed with respect to that part of the line of the army which is to be provided for by Congress That from the 1 st August last, his pay and appointments be 140 dollars per month, 2 rations per day, exclusive of what is allowed to the office by the arrangement of the Quarter Master's department.
Vol. 4. p 36 - 1782 June 3 - A letter of this day from the Sec y of War being read enclosing a resigna- tion of John Lawrence late Judge Advocate - Ordered that his resignation be accepted - That Monday next be assigned for the election of a new Judge Advocate

Doc 4-p 45- 1782 July 9 - Congress proceeded to the election of a judge Advocate for the army, and the ballots being taken, James Morris Esdaile was elected, having been previously nominated by Mr Bland 1782 Oct 2 - Thomas Edwards was elected Judge Advocate

July 16. 1836.
In Mr Judor's case, I think, it clear, that as the widow of Colonel Judor she is entitled to the pension of a Lieut. Colonel. And I think also that her statement as to the period when he left the service should be received. But I do not see why the regulation respecting the mode of proving the marriage should be dispensed with. No reason, peculiarly applicable to this case, for such exemption has been furnished.
Dept of War 2 July 16. 1836

War Department Pension Office July 16 th 1836
Sir,
In the case of Mrs Delia Fudor, I have the honor to make the following report: She claims the benefits of the act of July 4 th 1836, providing for the widows of revolutionary Officers, on account of the service of her deceased husband, the late Col. William Fudor, who was Judge Advocate, in the Continental Army. Some difficulty arises in the case as to the computation of the pension; and a question is also presented, whether any part of the evidence required by the regulations, shall in this case be dispensed with.
Col. Fudor, I find, by the journals of Congress, was appointed Judge Advocate of the Army, on the 29 th July 1775. At that time the pay was $20 per month; but on the 21 st September 1775, I discover from the journals that the pay of "the Judge Advocate in the Army in the Massachusetts Bay for himself and Clerk" was $50 per month. Here a difficulty arises in ascertaining how much the Judge Advocate himself was entitled to. On the 10 th of August 1776, Congress resolved that "William Fudor,

judge advocate general, have the rank of Lieutenant Colonel, in the United States Army; and after that time, no further information whatever can be had, in relation either to his rank, pay, or service. What his compensation was must be left to conjecture; but it is not reasonable to suppose, that he received less per month than the pay of a Lieutenant Colonel. It appears by the proceedings in Congress on the 27 March 1778, that John Lawrence was Judge Advocate General, and was allowed $75 per month. On the 21st December 1779, the subsistence of a Judge Advocate General was made equal to that of a Colonel. On the 10 th November 1780, it was resolved, that John Lawrence should have pay, at the rate of $60 per month up to March 1778, and from that time to August 1st 1780, $75 per month. I again find by the Journals, July 11. 1782, that the pay of the Army Judge Advocate was $75 per month. When Colonel Tudor left the Army does not appear from any record or paper belonging to this Department. Mrs Tudor, however, in her affidavit, states, that he left the service in 1778. Shall Mrs Tudor's evidence as to the duration of his service be admitted? and if so, at what rate shall

she be paid?
Mrs Tudor alleges that she was married on the 4 th March 1777; but has not, in support of her declaration, produced, as the regulations direct, a certificate from the parish records, or any other evidence. She states that such proof cannot be conveniently obtained. Shall the rule in this case be dispensed with?
I have the honor to be, very respectfully,
Your Ob t Serv t J L Edwards
Hon. Lewis Caps, Secretary of War. 3

Wednesday July 13. th — 36 —
M rs Guder presents her compliments To M rs Edwards to say that she called on Gov. Capps yesterday to have asked him kindly to expedite her departure from the city on her engaging to send on the certificates the forms of office require as soon as they can be obtained when she shall be in Boston some of which as far back as sixty years require time to collect.
— M rs Guder's Father kept a record of the events of his family in his large Bible, among them was the marriage of his son William with Delia Gavis; but that family document is at this day at a remote part of Maine with one of his descendants. — As it happens M rs Guder's case differs from others her Husband having been the first Judge Advocate General seems more identified with those early arduous revolutionary years than his more fortunate
March 4. th 1777

successor, his intimacy I may say as far as his official employment extended with the great Commander & with others in command at that day some few of whom I think still live, leaves no question as to all that relates to her claim to this pension, & an engagement to be at Nahant with as little delay as possible Mrs Gordon hopes may plead in her favor for being thus importunate on the occasion.—
J. L. Edwards 8/9...

Am
J. L. Edwards Esq.
P2257

13 See Mrs. Tudor's Declaration on the 2 o & 3 o pages of this sheet.
WAR DEPARTMENT,
PENSION OFFICE, July 9, 1836.
In order to carry into effect the act of Congress of the 4th July, 1836, entitled "An act granting half pay to the widows or orphans, where their husbands and fathers have died or were received in the military service of the United States, in certain cases, and for other purposes," the following rules have been prescribed by the President of the United States, and adopted by the Secretary of War; and they are now published for the information of applicants under that law:
1. Applicants under the first section of the act must produce the best proof the nature of the case will allow, as to the service of the deceased officer or soldier; the time when he died, and the complaint of which he died, and the supposed cause of his disease. It must be clearly shown in what company and regiment, or corps, he served, and the grade he held. Such proof must be had, either from the records of the War Department, the muster rolls, the testimony of commissioned officers, or the affidavits of persons of known respectability. From similar sources evidence must be derived, as to the period and cause of the death of the officer or soldier.
2. The legality of the marriage, the name of the widow, with those of her children, who may have been under sixteen years of age at the time of the father's decease, with the State or Territory and county in which she and they reside, should be established. The legality of the marriage may be ascertained by the certificate of the clergyman who joined them in wedlock, or the testimony of respectable persons having knowledge of the fact. The age and number of children may be ascertained by the deposition of the mother, accompanied by the testimony of respectable persons having knowledge of them, or by transcripts from the parish registers, duly authenticated. The widow, at the time of allowing the half-pay, or placing her on the list for it, must show that she has not again married; and must, moreover, repeat this at the time of receiving each and every payment thereof; because, in case of her marrying again the half-pay to her ceases, and the half-pay for the remainder of the time shall go to the child or children of the decedent. This may be done by the affidavits of respectable persons having knowledge of the case.
3. In cases where there are children and no widow, their guardian will of course act for them, establish their claims as prescribed in the foregoing regulations, and receive their stipends for them.
4. Applicants under the second section of the law will make a declaration before a court of record, setting forth, according to the best of her or their knowledge or belief, the names and rank of the field and company officers, the day (if possible,) and the month and year when the claimant's husband or father (as the case may be) entered the service, and the time when he left the same; and if under more than one engagement, the claimant must specify the particular periods, and the rank and names of the officers under whom the service was performed; the town or county, and State, in which the claimant's husband or father resided when he entered the service; whether he was draughted; was a volunteer or substitute; the battles, if any, in which he was engaged; the country through which he marched, with such further particulars as may be useful in the investigation of the claim; and also, if the fact be so, that the claimant has no documentary evidence in support of the claim.
5. The same description of proof as to the relationship of the claimant to the deceased officer or soldier will be required as the rule under the first section points out.
6. Claimants under the third section of the law must not only produce such proof as the foregoing regulations direct, in relation to widows' claims, but they must in all cases, as an indispensable requisite, show when they were legally married to the deceased officer or soldier, on account of whose services the

claim is presented, and that the marriage took place before the last term of service of the husband expired. They must also prove that they were never afterwards married.
7. In a case where the service of the deceased officer or soldier is clearly proved by record or documentary evidence, or the affidavit of a commissioned officer, showing the grade and length of service of the deceased, the particulars in relation to the service are not required to be set forth in the claimant's declaration, except so far as to show that the claimant or claimants is, or are, the widow or children of the deceased.
8. The claimant must, in every case where there is no record or documentary proof of the revolutionary service of the deceased officer or soldier, produce the testimony of at least one credible witness. Traditionary evidence will be deemed useful in every such case.
9. Applicants unable to appear in court, by reason of bodily infirmity, may make the declaration before required, before a judge or justice of a court of record of the county in which the applicant resides, and the judge or justice will certify that the applicant cannot, from bodily infirmity, attend the court.
10. Whenever any official act is required to be done by a judge or justice of a court of record, or by a justice of the peace, the certificate of the Secretary of State or of the Territory, or of the proper clerk of the court or county, under his seal of office, will be annexed, stating that such a person is a judge or justice of a court of record, or a justice of the peace, and that the signature annexed is his genuine signature.
11. The widows of those who died in the navy, or as Indian spies, will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require.
12. The form prescribed for claimants under the third section of the act will be observed by every other description of claimants, so far as the same may be applicable to their cases. The judge or justice who may administer an oath, must, in every instance, certify to the credibility of the affiant.
13. In every case in which the deceased officer or soldier was a pensioner, the fact should be so stated, and the deceased pensioner so described as to enable the Department to refer immediately to the evidence upon which he was pensioned, and thus facilitate the investigation of the claim of his widow or children.
JAMES L. EDWARDS, Commissioner of Pensions.
DECLARATION,
In order to obtain the benefit of the third section of the act of Congress of the 4th July, 1836.
STATE TERRITORY OF DISTRICT { ss. of Columbia
On this 15 th day of July 1836 personally appeared before me the subscriber the Delia Tudor, the a resident of Washington city in the county of Washington and State, Territory, or District of Columbia, aged 83 years, who being first duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 4, 1836: That she is the widow of William Tudor, who was a there insert the rank the husband held in the army, navy, or militia, as the case may be, and specify the service performed, as directed in rule number four of these regulations.
She further declares that she was married to the said William Tudor, on the 4 th day of March, in the year seventeen hundred and seventy sixty eight husband, the aforesaid, died on the day of ; and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed.
Sworn to, and subscribed, on the day and year above written, before.
Sworn before me, Chief Judge of the District of Columbia. M c Branch.

AN ACT
Granting half pay to widows or orphans, who pay to widows and fathers have died of wounds received in the military service of the United States, in certain cases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any officer, non-commissioned officer, musician or private of the militia, including rangers, sea fencibles, and volunteers, shall have died while in the service of the United States, since the twentieth of April, eighteen hundred and eighteen, or who shall have died in consequence of a wound received whilst in the service, since the day aforesaid, and shall have left a widow, or, if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound, for and during the term of five years; and in case of the death or marriage of said widow before the expiration of said five, years the half pay for the remainder of the time shall go to the [children of the] said decedent: Provided , That the half pay aforesaid shall be half the monthly pay of the officers, non-commissioned officers, musicians, and privates of the infantry of the regular army, and no more: Provided also , That no greater sum shall be allowed to the widow, or the child or children of any officer, than the half pay of a lieutenant colonel.
SECTION 2. And be it further enacted, That if any officer, non-commissioned officer, musician, soldier, Indian spy, mariner or marine, whose service during the revolutionary war was such as is specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died since the fourth day of March, eighteen hundred and thirty-one, and before the date of said act, the amount of pension which would have accrued from the fourth day of March, eighteen hundred and thirty-one, to the time of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to his children, in the manner prescribed in the act hereby amended.
SECTION 3. And be it further enacted, That if any person who served in the war of the revolution, in the manner specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died leaving a widow whose marriage took place before the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may remain unmarried, the annuity or pension which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was passed.
SECTION 4. And be it further enacted, That any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any money or half pay granted by this act, shall be utterly void and of no effect; each person acting for and in behalf of any one, entitled to money under this act, shall take and subscribe an oath to be administered by the proper accounting officer, and retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever.
SECTION 5. And be it further enacted, That the Secretary of War shall adopt such forms of evidence, in applications under this act, as the President of the United States shall prescribe.
APPROVED, July 4, 1836.
x who was judge advocate general with the rank of Lieutenant Colonel and the service in the year 1775, in Massachusetts, and left the service in the year 1778. That he died in the year 1819, of the disease called angina pectoris, and that he left a widow who was entitled to a pension
M. Branch

Mrs Delia Tudor Washington
Quincy 29. July 1886
Dear Madam
I enclose herewith a certificate of the Rev d Francis Parkman, Pastor of the New North Church, Boston, with a copy of the record of your marriage on the 5 th of March 1778. By his Predecessor Doctor Andrew Eliot; and hope it will answer every requisition at the Department of War, to secure for you the benefit of the late Act of Congress.
I am very respectfully Dear Madam, your obed t Serv t
J. Q. Adams.

Delia Tudor Mass.
Recd
Set. 16 July Secy of war " 18 to claimant.

Pay WIDOW, &c.
File No. 141959
Delia Sudor
Widow of Wm Sudor
Adv. Gen. Rev. War.
Act: July 4 th 1831.
Index:—Vol. M , Page 286
[Arrangement of 1870.]