Revolutionary War Pension and Bounty Land Warrant Application File R. 8171, for James Phelps, Connecticut

SERVICE
NUMBER
✓
Phelps, James
R8171
CONTENTS
Conn. residence prior to 1816

Hon. G. W. Jones Feby 12/57

Pension Office, Feby 12, 1857.
Sir:
I have the honor to return, herewith enclosed, the papers in the case of the application of the late children of James Phelps, deceased, of New York, for arrears of pension; and to say that I find nothing on the files in this office of importance in the case, unless it be the four letters of James and Rachel Phelps, which I now enclose to you.
No further suggestions respecting the case occur to me.
Hon. Geo. W. Jones, Chm. Com. on Pensions, U. S. Senate.

Private
Washington Jan'y. 13 th 1832
Hon. S. P. Waldo Counsel of Pensioners. Dear Sir.
To herewith enclose a letter from Lyman Phelps, in regard to the case of his father Lyman Phelps, dec'd New York Wasp. Oct 7 th June 1832.
You no doubt will recollect, that you promised Mr Phelps to examine the claim, which has escaped your memory in the mass of business.
We assure you, that it is with regret that we have to make this request, knowing the burdens, now imposed upon you. We think this is a good claim and should be allowed.
Very truly Evans & Faut
Superintendent

James Phelps- N.Y.
Feb 22 To J. L. Edwards Esq. State Department Pension Office Washington Little York N.Y. March 23 paper from Miss C. H. Brown Feb 20/78

J L Edwards Esqr. Sir
I received a letter from John M Viles dated Washington 24 January 1839 In which he says that any papers I should send him in regard to my application for a pension he would present to the war department pension office — on the 12 day of February last I mailed to Mr Viles and Dr Lane Lot Phelps a packet of affidavits to hand into the pension office in order for a new application for a pension The reason of directing to two men was in case one was sick or absent That the other  one might hand the papers into the pension office
Since I mailed the above said papers I have heard nothing from Viles nor Phelps nor know not whether my papers reach Washington or not — Mr Edwards Sir I wish you would have the goodness to write me if the papers were by Viles or Phelps handed into the pension office — and if the papers are not in your pension office I wish you would call at the post office at Washington and ascertain if there is a packet of papers directed to John M Viles or Doctor Lane Lot Phelps miss from Homer Cortland County NY
Sir please not to delay writing direct to James Phelps Homer Little York post office Cortland County NY Yours with Esteem
James Phelps
March 19 AD 1839

October 12, 1938.
zzzzzzzzzzzzzzzz
Mrs. Clarence L. Loope 26 Fenner Street Cazenovia, New York
BA-J/MMHF/ady James Phelps R.8171
Dear Madam:
Reference is made to your letter in which you request the history of your great great grandfather, James Phelps, of Cortland County, New York, who served in the Revolutionary War but was so young when he entered service that in order to receive a pension Congress had to pass a special act.
The Revolutionary War records of this office show that James Phelps applied for pension sometime prior to March 1838, under the Act of June 7, 1832, on account of his service in the Revolutionary War and that he petitioned to Congress, also. It is shown further that his son, Lyman Phelps, petitioned to Congress in the 1850's, for pension in behalf of himself and the other heirs on account of service of his father in the Revolutionary War.
During the periods in which these applications for pension were being acted upon, the original papers in the various applications were called for by Congress, were withdrawn from the files of the Pension Office for examination by that body and were not returned to the files, hence the Veterans Administration, now custodian of Revolutionary War pension claims, does not have those original papers on file, only a few pieces of old correspondence in regard to the matter. All that correspondence on file under R.8171 has been examined and the following meager data found:
That James Phelps of Connecticut was born in April 1769 and moved to Homer, Cortland County, New York, about 1816; that it was alleged that he served in 1779 or 1780, under one James Hooker in Windsor, Connecticut, as a guard for military stores placed there, and to which place his father had sent him to attend school, which he did attend

every other day; that James Phelps was living as late as August 22, 1842, in Homer, New York, and died in 1842; that he was survived by his widow, whose name is not shown and who, it was assumed, was living in Ohio in 1850; that James Phelps did not receive any pension, because it was held that he was too young to have assumed such responsibilities involved in military duties to render him eligible for pension under the pension law which required service of six months in a regularly organized military corps. It is shown further, that his son, Lyman Phelps, was a resident of Homer, New York, in 1854, and that his petition to Congress was granted by a Special Act approved March 3, 1857, for the relief of the children of James Phelps; no names shown other than Lyman.
See Congressional records - Book 2 Private claims #
In 1838, Honorable L. Phelps was a member of the House of Representatives in Washington and Dr. "Lance Lot" Phelps was in Washington, D. C., in 1839 (evidently the same individual), also, in 1843, one Rachel Phelps was living in Homer, New York; their relationship to James Phelps is not shown.
There are no further data on file in regard to James Phelps or family.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

REJECTED
817.
P. O.
James Phelps
Service:
Enlisted: _____, 18
Discharged: _____, 18_____
Application filed: _____, 18_____
The printed list of 1852 - gives cause of rejection - Alleges: "Under age - not amenable to military responsibilities."
Re-enlisted:
Attorney:
P. O.
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18_____.
Apr. 22. 1924 - Him to Ida P. mitochka, east. 1925- Nov. 7. " " now P. Henry east. 1938 Oct. 12. - Hiek. to Mrs. Clara Lee L. Stapel. Mrs.

I wish to see the papers of James  Phelps of N York who applied for a Pension under the Act of 1832 -
H. M. Gilbert

recd. Mar. 20. 1838.
James Phelps - NY.
Rejected
Letts Am. C. Place
at 6 22 1838 at 6 22 1838 at 6 22 1838 at 6 22 1838 at 6 22 1838
Letts Hon. J. M. Ailes July 28 '39 - do do do 6 '39 do to same April 23. 1839 do to same May 11 1839 do to same May 25 1839 do to H. L. Silliman 12 Jan 1839
Mr Dodge will return answer. Wm Franklin Belmont Comr of Patents Washington D.C.
For the Pension Office. Refer to Mike Brown Aug 19/39 R. M. Meigs Secretary of the Navy Present
James Phelps N.Y. Bedford 1832 Hon. S. P. Waldo Commissioner of Patents Washington

N o 34,747
James Phelps.
N. Y.
Letter to,
L. Phelps. 22 nd March 1838.
Jas. Phelps. 24 th May 1838.
Hon. J. D. Adams 13 th June 1838.
Jas. Phelps 24 th July 1838.
Jas. Phelps 20 th Augt. 1838.
J. M. Atiles 28 th Feby. 1839.
J. Phelps 6 th April 1839.
J. Phelps 23 rd Ap. - 1839.
J. Phelps 11 th May 1839.
J. Phelps 25 th May 1839.
H. L. Ellsworth 12 th June 1839.
Hon. J. D. Adams - 10 th March 1839.
Amasa Dana 19 th Decr 1839.
Jas. Phelps - 18 th May - 1842.
Jas. Phelps - 29 th July 1842.
Jas. Phelps - 22 nd Augt. 1842.
Rachel Phelps, 17 th March 1841.
Hon. H. S. Conger - 11 th May - 1841.
J. Phelps - 30 August 1853.
F. S. Edwards 20 th Feby. 1854.
Hon. W. H. Howard Feb 4, 1856.
Rejected - only 10 yrs old.
Hon. G. W. Jones Feb 12/1857.
Act y of the June 1832.
Hon. Jacob Brown July 23/1856 - Chapm sent to Congress notes on this date

34747
James Phelps NY.
Act 7 June 32.
Rejected
no entries dated - mch. 10-39 x
Let. to L Phelps March 12. 38 Claim. May 24 - J. Adams June 13 - Adm. July 24 - " Aug 20 - M. Miller July 28-39 Claimed ap. 6 - " 23 - " May 11 - " 25 - H. L. Elyworth June 12. - Hon. Wm. L. Chaplin June 10 - Amos Dana Nov. 14. 39 James Phelps May 18. 1841 " July 29. 1842 " Aug. 22. 1842 Rachel Phelps Mar 17 1843 " Nov 16. 1843

A. S. Addison
Dec 28/49
Says before the Dept papers in support of claim of James Phelps acc d to pension under Act 7 th June 1832.
✓ Ref d to Com ee of Pensions for a Report Dec d 31 st 1849.
Dept t of the Interior

Washington Dec. 28 th 1878
Sir, I am desired by the children of James Phelps, dec d to lay the enclosed papers in support of his claim to a pension, under the act of June 7 th 1832, before you, and in their behalf to appeal from the decision of the Commis r of Pensions.
From the evidence exhibited, the claim is deemed to be so clearly established, that it would be superfluous to add one word in its support.
I have the honor to be Very respectfully W. M. A. St W. M. Addison
Wm. Thomas Cving Secy of the Interior

J. J. Coombs, Esq. Chief Clerk Parliament Office

Washington Feby 9 th 1857
Rev Sir,
About the 20 th of December last, I appealed from the decision of the Pension Office, in the claim of the heirs of James Phelps, for a pension, and have not since heard from it. As the parties interested in this matter are becoming very impatient, and as the claim has been pending for some seventeen years , I beg that you will do me the favor to examine it without further delay.
I am, Very Respectfully, Wm. Lloyd H. H. Addison
J. J. Coombs Esq. Chief Clerk Pension Office

Washington Feby 17, 1850
L. G. Addison Esq.
Dear Sir; I was aware that the original declaration of James Phelps was not among the papers presented to you. I did  search  the  papers  from  the  files  of  the  House , but that instrument was not among them. I had a search made, but without success. Thereupon I informed Lyman Phelps, who is the principal heir, or at least is agent for the rest of the heirs, as well as the son of James Phelps, that it was missing & could not be found; & subsequently he gave me some information on the subject, and that information, as well as I can remember, was to the effect that somebody (I think the widow of James Phelps) in Ohio, had, in some way, obtained possession of the declaration & was desirous to hold on to it unless some such was made in consideration of giving it up.
I have this day sent your letter to Lyman Phelps & I presume he will in due time communicate with you on the subject.
I have the honor to be A. S. Geryon

Sir.
Washington, March 30 1853
We herewith return the papers of Lyman Phelps, New York, susp. d., Act June 1832, which were handed to us by the Hon. Mr. Wallbridge, of New York, with a request that after due examination we would return them, and have his receipt cancelled, which he had given for the same.
From what we can learn the claim has been hitherto resisted on the ground that Mr. Phelps was too young to have been required to perform military service. It should be recollected that persons of his age in that day possessed more vigor, and a power of endurance far beyond persons of riper years at the present time. The history of the war, as well as the pension rolls in your office, show that persons as young as Mr. Phelps performed service, and have been pensioned for the same.

We know that the action of those who have previously examined a claim, some- times unconsciously influence the mind upon subsequent adjudication. All we ask is, that the case be taken up, care- fully and impartially looked into, & we shall abide the result.
Mr Lyman Phelps, Jr of Hoosick, New York, has requested us, to fore- close the claim.
Very respectfully Cyrus J. Hunt.
Papers taken out and charged to Mr Cole Adams Mar 31/55 How L. P. Waldo Bates of Persians.

Rachel Phelps
Mar. 17. 1848

Gen H.
March 17 H 3
Madam
Your letter was duly received and considered - You appear to be sensible of the grounds upon which I was constrained to decide against the claim of James Phelps dec d and as his widow's has  claim is founded upon his, hers must be disallowed upon the same grounds.
I have the honor
Mrs Rachel Phelps Homer N.Y.

Mr. Jacob Broom Ch: Com. Rev. Pensions July 17, 1856
Request to papers on file in the case of James Phelps for pension under act of June 7, 1832 - for use of the Committee
Respectfully referred to the Comm. of Pensions Dept. War July 17/56 Chas. S. Trailby Actg. Chf. Clk.
W. P. Ladd 19th July 56
House of Representatives Com te on Rev. Pensions July 17 1856
Dear Mr. McLellan Secy. of Interior Sir,
You are respectfully requested to furnish for the use of the Committee on Revolutionary Pensions the papers on file in the Pension Department in the claim of James Phelps for a pension under the act of Congress of June 7, 1832, and obey Yours -
I am very Respectfully Yours afft. Servt.
Jacob Broom Ch m Com. Rev. Pen.

Mr. Jas. Phelps Little York, N. York, Aug. 20. 1838. O. G.

War Dep t Pension Office Aug. 20. 1838
Sir,
In answer to your letter of the 13 th inst. I have to inform you that your claim cannot be allowed, for the reason already given in my former letter.
✓
Mr James Phelps, Little York N. York
Enter this. See N. York- Index, act 7 June 32

How L. Phelps
March 22 d 38
16
P.

War Dep
Pen: H
March 22 38
Sir
I have the honor to inform you that the claim of James Phelps has been examined & disallowed
Agreeably to his own shewing he was born in Apr 1769 and consequently in 79 & 80 was utterly incapable of arms bearing - not competent to contract military obligations and unfit to become the subject of military penalties. The service however in which he alleges he was engaged viz under Capt. James Hooker in guarding stores at Windsor, was not the military service contemplated by the act. Hooker was a private citizen who  employed to take charge of stores to be kept on his own premises & for which he was allowed to employ a guard which  who was paid by the state.
Wm. L. Phelps
Ho. Rep.

James V. M...
May 24. 1838
C.C

War Department Pension Office
May 24. 1838
Sir In reply to your letter of the 9 th inst. on the subject of your application for a pension I have to state that any explanation you may have to make should be mailed  done under the sanction of an order - It appears It may be said however that your age at the period in which the service in question  claim for which you claim a pension is alleged to have been rendered, would seem to  under the act of June 7 th 1832 any further attempt to establish your claim, in availing
Mr James Phelps Homer N.Y.

War Department Pension Office June 13th. 1838
Sir,
I return herewith the letter of Mr. James Phelps, an applicant for a pension under the act of June 7, 1832 for services rendered as a guard to the public stores at Windsor in Connecticut in 1779 & 1780. Mr. Phelps at the commencement of this service was as he admits only ten years old, and hence the grounds for rejecting his claim in March last.
He further states, that one object which his father had in sending him to Windsor, was for the purpose of  to give him the benefit of a school which was kept in the vicinity; and that he did attend this school every other day, etc.  and generally a part of the alternate day.
The fact that he was at Windsor at this time, and that he was in and about the guard House is in evidence before the Department, but there is no proof that will justify a belief that he was engaged

to perform the duty of a soldier. The Depart- ment cannot therefore reverse its decision, made in March last, disallowing his claim.
I have the honor to be Very Respectfully Yr. Mo. Chf. St.
Hon. John D. Adams House of Representatives

James Stephens Esq.
July 21, 1838
6.

Depart t of War Pension Office July 24. 1835
Sir
Your letter of the 2 d instant, upon the subject of your claim for a pension, has been rec d . and in reply I have to state, that it affords no grounds for a change of the decision made by this Depart t . upon that subject in March last.
The reasons for that decision, were made known to you at that time; and again, thro' the Hon. J. P. Schuyler in my letter of the 13 th of June last, which letter it appears was by him enclosed to you.
I am
Mr James Phelps Homer, Little York PO New York

Dear S. M. Hiles
July - 28: '19
O. L.

War Dep Pen: Off July 28. 35
Sir
I have the honor to inform to inform you that the Comptroller's certi- -ficate in the case of James Phelps shows that the service of the guard over the public stores at Windsor in 79 was rendered under military obli- -gations in obedience to the orders of the competent authority, and is consequently a service within the contemplation of the act of June 32. (But, as before communicated to the claimant), the Dept. cannot allow that he could at 10 years of age contract military obligation - perform military service or be made subject to military penalties. This guard was supplied from the militia regiment of St. Neoberry in which he could not be enrolled at that tender age. It is very clear that he has no claim to the pension of a reg't. soldier.
Hon. J. M. Niles

Washington Feb 3/10 39
Sir,
I send you the accompanying papers which relate to the application of James Phelps of Homer, NYork -
I am yours &c
J. M. Niles

James Phelps
Apr. 6: '39
o. b.

War Dep
Gen: H
Apl 6: 35
Sir
In reply to your enquiring I would respectfully refer you to my letter of 28 Feby last to Hon J. M. Miles of which a copy is herewith enclosed
W James Phelps Homer N.Y.

Sam Phelps, of Homer, Little York, N.Y.
Apr. 23. 1839
O. G.

War Dep - 405 Pension Office April 23. 1839
Sir,
Your letters to the President have been received. Your claim has been very care- fully reviewed, and the Def t cannot discover any reason for not adhering to the decision, as communicated to you in the 6 th inst.
Mr. James Barnes Phelps, of Homer. Little York * N. York.
Enter this in the Reg t . ack milist. acts mil. 05 App d M rs M rs M rs care

James Phelps, Little York, N.Y. May 11 th 1839
O.K.
top

152 War Dep t Pension Office May 11. 1839
Sir,
In answer to your letter post- marked the 3 rd inst. I have to inform you that this Dept. adheres to its decision in your case.
Entered on N.Y. Index at 7 June 1832
W m James Phelps, Little York, N. York.

Jap Phelps
May 25 '39
OK

441 War Dept
Pension Off.
May 25 th 1839
Sir
In answer to the letter of M rs Rachael Phelps, written in your behalf, I can only say that I cannot, consistently with my duty, under the law and regulations laid down for my guidance, admit your claim.
M r James Phelps, Homer, N. York.
already entered N o . 34767 N. York Index act June '32

Parnas Phelps
Aug 22 42

Pen off
347
Aug 27
42
Sir
In answer to yours of 29 ult I can only refer you to the nu- merous letters you have rec d from this office which fully communicate the grounds of my decision in your case. With respect to the age of Elias Clark you must be mistaken as he affirmed in 1833 that he was 87 years old and consequently in '79 was 27 years old. So also as to Sam l Mathew who sworn in 33 that he was 73 years old & consequently was 19 years old in '79
Your case has been very often considered & with a strong desire to accord you the benefit of the Pension laws it has been as often determined that your case is not brought within their provisions
Mr James Phelps Little York New York

Dear H. L. Ellsworth, Comm'r of Patents Present.
June, 12 th 1839
A. B.

War Dep t Pension Off ce June 12. 1839
Sir,
The letter of James Phelps is herewith returned. Few letters in relation to this claim have already been addressed to the claimant and members of Congress who have interested themselves in the claimant's behalf. He has been repeatedly informed that a pension could not be granted to him. The objection is that he was too young to have performed the alleged service. This objection is insuperable. In all such cases the claimant is advised to petition Congress, who would  could no doubt grant relief, if the Revolut n ary Pension Committee see H.R. showed report favorably.
Hon. Henry L. Ellsworth, Commissioner of Patents Present.
No. 34747 N. York City Index act June 7. 39

Dec 19
Jas Phelps,
L Edwards Esq Comr. of Pensions Washington City
Am Amasa Dana
W.R.

A of R. Washington
Dec. 18 th 1889
J L Edwards Esq.
Dear Sir,
James Phelps of Homer N.Y. has sent a Petition to be presented to Congress for a Revolutionary Pension and he refers to documents said to be in your office in support of his claim - Please transmit to me his papers that they may be presented with his petition & oblige Yours very Resp y Amasa D. Dana

Am: Amasikana
Recd 19, 1839
A.C.

278 War Dep Pen: off Dec 10 '39
Sir
I have the honor to enclose herewith the papers of James Phelps under the act of June '32 & to request that you will be good enough to acknowledge their receipt.
Mr Amasa Dana H.R.

James Phelps May 18, 1842 OC

234 Sun off May 18 th 42
Sir
The letters of yourself & wife addressed to the President of the U. States respecting the justice of your claim & of the decision of this Dept. & the Senate have been referred to this Office. The President professing no power to adjust a claim however strong his sympathies in behalf of a claimant, can only commend, his case to the liberality of the Dept. to which the laws have confided its adjustment. Your case as you well know has been carefully examined with every disposition to place the most favorable estimate upon all your proofs by this Dept. as is fully attested by numerous letters to you Mr. Adams Mr. Niles & Mr. Ellsworth. It is unnecessary to repeat the contents of these letters which convey to you the grounds upon which this Dept. has decided that your employment as a guard at a storehouse was not a military service in the contemplation of the act of 7. June '32. W. James Phelps Homer N.Y.
OC

James Phelps July 29. 42

390 Pam # July 29, 42
Sir
Your letter to the President of the Congress respecting the action of this Dept. upon your claim has been referred to this Office for in answer thereto, I have to remark that your case is not now pending before the Dept. but by your own action has been transferred to Congress. You are already aware of the grounds upon which the decision of this Office was made & it is therefore unnecessary to repeat them —
Mr. James Phelps Little York NY.

Washington Jan'y 6, 1848
J. L. Edwards Esq
Dear Sir: Please inform me if the Declaration, & other papers, of James Phelps of Herk Co. Vermont county N.Y. for a pension under the law of June 7th, 1832 are on file in your office
Yours &c.
J. H. Coony H. of Rep.

Dear W. S. Canger Jany 11 th , 48

91 Pension Office January 11th, 1848
Sir
I have the honor to acknowledge the receipt of your letter of the 6 th inst and in reply to state that the papers of James Phelps were transmitted to Hon Amasa Dana on 19 th Decemr. 1839, and have not since been returned to this Office
Hon H. S. Conger House of Reps

Office House of Reps US.
June 16th 1851.
J B Heath Esq Sir
From an examination of the files of this Office it appears that on the 13th of September 1841 the papers in case of "James Phelps" were withdrawn, and by order of the House delivered to Hon Mr Riggs. I suppose his object in withdrawing the papers was for reference to your Department. There is no paper connected with this case on file in this Office.
Very Respectfully
Your Obt Servt.
Richard M Young Clerk to Reps. US.

Recd of the Pension Department the papers of James Phelps applying for a pension for Revolutionary services. to be presented to Congress or returned to the pension office
June 3. 1852
A. Wallidge

Homel Cortland Co. N.Y.
June 4, 1853
I have been requested by Mr. Lyman Phelps to make a statement of the facts in relation to his father, James Phelps, pension papers.
A number of years since, the precise time I do not now recollect, I was employed by James Phelps to draw his papers to obtain a pension under the act of Congress of 1818. This was the first effort he made to obtain a pension. He gave me a statement of his Revolutionary services, his age at the time of those services, the names of his associates, the officers with whom he occasionally came in contact. If I recollect aright his business principally was in guarding military stores, and his age when he went into the service was about twelve. I drew his application according to the form then prescribed by the Pension Department.
The application was duly sworn to & certified & forwarded by me to Mr. Edwards of the Pension Office. Objection was taken to the allowance of a Pension by Mr. Edwards from time to time. One objection I recollect was in relation to proof of services. Additional proofs were furnished by Phelps, & at least the only objection that was considered insuperable by Mr. Edwards was the age of Phelps at the time his services were rendered.
Phelps age as stated in his application when he en-

tend the service was about twelve
Edwards claimed that no one should be placed on the pension list for services rendered before he was 16 years of age & for that reason rejected the claim
I subsequently tried to get him to reverse his decision but failed, & an attempt was made to obtain relief from Congress. I kept no copies of Phelps papers.
The last I saw of them they were sent by me to the Pension Department. I always was of the opinion that Phelps was entitled to a Pension for some amount, the precise amount I never pretended to fix. There was no doubt in my mind of his services, or of his being twelve years old when he entered the service, & of his being a large boy of his age & capable of performing the services required of him. Phelps was a man of veracity, & whose statement of his age & services might be implicitly relied upon. I was intimately acquainted with him from the time he moved into this place in 1876 up to the time of his decease.
Edward C. Reed

I was acquainted with the name James Phelps and when I was in Congress made an effort to obtain a pension for him but failed to do and on the ground principally be- cause he was so young as stated in Judge Read's statement I was satis- fied at the time that he ought to have a pension
Yours Reynolds

Office of Sec'y of State Albany, June 11, 1853.
Hon. Leona P. Waldo Commissioner of Pensions.
Dear Sir,
I am very earnestly urged by Symon Phelps, the bearer of this, to "use my influence with you" to procure a rehearing in the case of the claim of his father James Phelps, a revolutionary soldier, for a pension. I am of course aware, that I neither have, nor should have any "influence" in procuring a departure from the established usages of your office in such cases; but Phelps is a townsman of mine, & his father died in my town. If they have an equitable claim on the government, the survivor needs what may be due to him, & I sincerely hope may receive it. I therefore take the liberty of asking you, to extend to him all the lenity, in the way of a rehearing.

or otherwise, which the laws & the rules of your department admit of.
I do not remember Phelps Senior particularly. The certificate of his character by Edward C. Reed (former M.C. from this state) is entitled to credit; & also the statements of Hon. Joseph Reynolds, whom I think you may have known in Congress. Excuse my interference in the case of a townsman & believe me
Very Respectfully Yours
Henry S. Pomball

Washington Feb. 2, 1855.
Dear Sir
Will you have the goodness to inform me whether there has been any decision, and what one, on the application of Symon Phelps of New York for a pension or arrears of pension on the ground of the services of James Phelps his father in the Revolution war.
I am, very respectfully,
Your obedient servant,
William P. Leavitt
The Honorable
Geriat Smith,
Commissioner of Pensions
Washington.
C. C. Dodge

Pension Office,
Feby 4 th , 1856.
Sir.
In answer to your note of inquiry of the 28 th instant, relative to the claim of James Phelps, deceased, of N. York, for pension arrears, under the act of June 7 th , 1832. I have the honor to enclose, herewith, a copy of the letter of my predecessor to F. S. Evans, Esq., of Jany 28 th , 1854, which is the latest action taken in the case.
Hon W m H. Seward, U. S. Senate.

H. S. Evans,
Jany 20/54

Pension Office Jan'y. 20. 1854
Sir,
In reply to your letter of the 13 th instant enclosing the letter of your correspondent Lyman Phelps of Homer N.Y. I have to say, that I have personally examined the application of James Phelps of N.Y. under the act of June 7. 1832, and I do not find the evidence sufficiently satisfactory to justify me in allowing the claim. The decision of this office has been uniformly adverse, and on an appeal to Congress the claim met with no better success. Without new and material evidence therefore it can hardly be supposed that the claim can now be successfully prosecuted. The letter of your correspondent is herewith returned. I remain Yours &c
L. S. Evans Esq. Present.

Lyman Phelps
Aug. 30, 1813

Pension Office August 30, 1873.
Sir,
The case of James Phelps of N. York, having been several times rejected by this office, in consequence of the very tender age of the applicant at the period at which his alleged service was performed, I cannot not, in compliance with the rules and regulations governing this office, allow a re-examination of the claim.
Lyman Phelps Albany N.Y.

Washington City D.C. Jan 28. 1857
Sir
The enclosed, "An Act, No. R. 531. For the relief of the children of James Phelps a revolutionary soldier" Is herewith transmitted to your office, for such facts or papers as your files afford, and the case may seem to demand
Very Respectfully,
Your obedt. Servt.
Geo. W. Jones
Ch m Com. on Pensions
U.S.S.
Hon Geo. C. Whiting Comm ee Pensions

Pension Office July 23 1836
Sir
1832/
Agreeably to your request the papers in the case of James Phelps of New York under the Act of June 7 1832 are herewith enclosed.
Wm Lloyd Brown
Am. Com. on Rev. Pensions

President U. S. Refuses application of Col. Phelps for a pension.
P373. Recd July 23/42 Mission Office
NYork

Littlerock N.Y. July 11
Free
Hon John Tyler Pres t of the United States Washington City D.C.

Mr Tyler have patience I want your assistance Mr Wright In the Senate wrote me that he wold give me his assistance but has not paid but very little attention to my claim — I have a Vember In the house that will attend to my claim but as my claim has got out of the reach of any members of the house I want to get Some member In the Senate to give me assistance Mr Tyler I pray you to Engage Some member In the Senate to Lay the within petition before the Senate and See if the Hon Senate will appoint a new Comenille to Judg on my claim I have full beleaf that thair must be Some honest men In the Senate if I can have a Fair ganded hearing is all I wish and not a mock trial trial this Mr Bates must had known better then to had made Such a Simpel Report — pray Mr Tyler get Some member of the Senate to take the within petition and Lay the Same before the full Senate. Dont Fail to have the trial made
I am yours with Esteem — James Phelps Dated at Homer County of Cortland this 4 day of July AD 1842 pleas to write me how you Succeed

Aug 17 Hon J. L. Edwards War Department Pension office Washington City D. C. Com. Miss Phelps N.Y.
Mr
Little York N.Y. Aug 12

as long as we were in service, we would not have been received into the service, & I always thought the objection, "that he was too young", came with an ill grace from the mouth of the Govern- ment, after they had had the benefit of his services.
Homer June 23. 1853.
Edward C. Reed
Subscribed & sworn before me this 23 rd day of June 1853
Giles C. Shillaber Justice of the Peace
Edward C. Reed
Edward C. Reed Affidavit
Additional evidence copy of letter Phelps New York, June 23. abt 4 June 1853.
Filed 23 July 1853

State of New York § § Edward C. Reed of Cortland County Homer Cortland County New York being duly sworn says that he has been a resident of said place since the year 1816, that James Phelps formerly from Connecticut came to Homer to reside about the same time deponent did, & that depo- nent was intimately acquainted with him from that time up to the time of his decease, which was in 1842. That shortly after the pension act of 1818 was passed by Congress, deponent was employed by said Phelps to assist him in procuring a pension for his services as a soldier in the Revolution. That this deponent draw either drew, or assisted & advised the said Phelps in the drawing of his original declaration. That this deponent has a distinct recollection that Phelps services as stated in his declaration con- sisted for the most part in guarding military stores collected for the use of the American troops. That at the time he entered the service of his country his age was about 12. The papers thus prepared were forwarded to the War Department & came to the hands of Mr. Edwards of the Pension office. Objections were made from time to time by Mr. Edwards to allowing the Pension, & further proofs were obtained & forwarded to Mr. Edwards to obviate his objections. At last Mr. Edwards rejected the application & placed his objections according to my present recollection entirely upon the ground, that Phelps, at the time he entered the service, was too young to do military service, that a boy of that age was not capable of discharging a soldier's duties & therefore ought not to have a pension. I have no recollection

of Mr. Edwards, at the time he finally rejected the claim, of making any objection to the want of sufficient proof of military services. The proofs on that score I believe were satisfactory to him.
After Mr. Edwards rejection of the claim, on account of the age of the claimant, I had no further charge of the papers, & what eventually became of them I can't say. Mr. Phelps subsequently made an effort to get some relief from Congress in the matter & occasionally called on me & told me how he progressed & I suppose the papers originally prepared for him must have been used for the furtherance of that object, but whether they were so or not, or what became of them I can't say. My opinion while endeavoring to substantiate the claim, as well as since, always was, that Phelps was entitled to a full pension as a private. If he was too young to do duty at the time he entered the service, he should not have been received into the service, & I always thought the objection, "that he was too young", came with an ill grace from the mouth of the Government, after they had had the benefit of his services.
Homer June 23. 1853.
Subscribed & sworn before me this 23 rd day of June 1853 Giles Chittenden Justice of the Peace
Edward C. Reed
Edw C Reed Edw C Reed Edw C Reed Edw C Reed Edw C Reed

1922 Butterfield Ave, Utica, N. Y., Mar. 18, '24.
Com. of Pensions
Washington, D. C.
Dear Sir!
My ancestor James Phelps served as a dispatch carrier at the age of 15 for Gen. Wash- ington during the Revolution. He was never successful in his attempts to get a pension and died in the town of Homer

N. Y. in 1842 aged 75 or 76.
His son Lyman Phelps after several trips to Washington was granted $1,100 in the spring of 1857 error, see private claims list, this of for his father's service. Gilbert was indefinitly postponed be- name. A special act of Congress was probably necessary to get this money.
Lyman Phelps was born at Windsor Conn. about 1794 and came to N.Y. State about 1815. He lived in the town of Homer, Cortland Co., N.Y.
Will you kindly send me what records you have concerning either of these men. I wish this in order to be admitted to the D.A.R.
I shall greatly appreciate any trouble you may take for me.
Very truly yours, (Mrs.) Ida Phelps-Nitschke

1922 Butterfield Ave. Ithaca, N. Y., April 10, 1924.
Commissioner of P. Washington, D.C.
Dear Sir,
Some time ago I wrote you asking if you would look up the record of a pension given to Lyman Phelps. I have received no answer which is unusual in my

Washington correspondence. I feel quite certain there must be some record of it.
Jas. Phelps of Windsor Conn. served in the Revo- lutionary war at the age of 15. He died Dec. 1842. In 1857 his son Lyman Phelps Homer, N.Y. went to Wash. and received $1100 paid in one sum, probably given by special act of Congress. Lawyer Gilbert assisted him in getting it.
I am very anxious to verify this so as to join the D.A.R. I shall greatly appreciate your efforts to look up this matter for me.
Very truly yours,
Ida Phelps-Nitschke (Mrs. W.H. Nitschke)

Utica, N. Y. 1922 Butterfield Ave., Apr. 24, 1924.
Bureau of Pensions
Washington, D.C.
Gentlemen:
Ans. Apr. 22-24 2 stamps returned
I have written several times concern- ing a Revolutionary War Record to the Commissioner of Pensions and I receive no answer. Will you please see what you can do.
James Phelps served in the last year of

the Revolution as a dispatch carrier for Gen. Washington. He was born about 1767 and died at Homer N. Y. 1842. He served from Conn. (Windsor, Hartford Co.) He was not granted a pension because of his youth, I suppose, but his son Lyman Phelps of Homer, N.Y. was granted $1100. in 1857. Gilbert was the name of the lawyer in Washington who secured it for him. This was for his father's services.
If you have any record of this transaction I think it would be official proof of James Phelps war service which I am anxious to obtain in order to join the D. A. R. I have taken a great deal of trouble and get no answers from Wash.
I would deeply appreciate an answer and any information you could find.
Very truly yours,
Mrs. Ida Phelps-Nitschke 1922 Buttsfield Ave, Utica, N. Y.

1715 So. 20th St., Lincoln, Nebr. Oct. 9, 1925
Pension Commissioner, Washington, D.C.
Dear Sir:-
James Pheeps of Homer, New York, served in the Revolutionary War. He was for a time dispatch carrier for General Washington. He was born about 1760 near Hartford, Ct. I do not know when he removed to New York state.
Will you kindly see if he had a pension and let me know what the pension discloses, if there is one, in regard to family history.
Very truly yours
Mrs. W. P. Henry
✓ This must mean Phelps -

26 Fenner St., Cazenovia, N.Y. July 27, 1935.
Veterans Administration Washington, D.C. Dear Sirs:
I am interested in looking up the history of a Revolutionary soldier. His name was James Phelps and he must have been from Cortland County, New York State. I have been told that when he went into service he was so young that in order to get a pension Congress had to pass a special act. I would like to be able to join the D.A.R. James Phelps was my great, great grandfather. Thank you.
Very truly yours,
Mrs. Clarence L. Loope

Rev. and 1813 Wars Section.
awz April 28, 1934.
Ida P. Nitschke, 1922 Butterfield Ave., Utica, N.Y.
Madam;
I have to advise you that in the papers in the Revolutionary War pension claim, R. 8171, it is alleged that James Phelps of Connecticut, who was born in April 1769, was employed in 1779 or 1780 by James Hooker in guarding public stores at Windsor. He moved to Homer, Cortland County, New York in 1816 and he died there in 1842, leaving children, the only name stated was Lyman.
Both he and son Lyman applied for pension in behalf of his services, but the claim was not allowed, as he was too young to have performed service in a military capacity, as required by the pension laws.
Respectfully,
Commissioner.