Revolutionary War Pension and Bounty Land Warrant Application File R. 84, for Joseph Simon Pell, Virginia

SERVICE
Va Sea Service Pell, Joseph Simon R. 84
Va Half-Pay
CONTENTS

3 Treasury Department April 16. 1839
Respectfully referred to the War Department J 135. Apr 17. 1839. Pension office.
Col. S. Bell July 32
(Faint mirrored text from the reverse side of the page)
W. L. [unclear] P 503 April 16 War Dept Treasury Dept Apr 16 1839

Norfolk County, Va. 12 th April 1839
Sir
As one of the heirs of the late Doctor Joseph S. Bell of the Va. State Navy I am desirous of ascertaining whether his claim for half pay for service during the Revolutionary War has or has not been allowed. -
M c John W. Wmurdagh Solicitor Portsmouth has a power of Attorney granted him by the heirs of Doctor Bell the commencement of the year 1838 and I understand has made several applications on the subject. -
By informing me (if allowed) of the amount due; or if not allowed as to the probability of its being so you will oblige
Sir
Yours respectfully
Isaiah Pope
To the Honble
The Secretary of the Treasury
W

Power of Attorney

Know all men by these presents, that I John G. Sibley of the Town of Portsmouth in the county of Norfolk and State of Virginia Administrator de bonis non with the will annexed of the Estate of Joseph Pell decd. known as Dr Joseph S. Pell a surgeon in the Virginia Navy during the war of the Revolution. do hereby constitute and appoint Richard Burgess of the City of Washington D.C. my true and lawfull Attorney for me and in my name as Administrator aforesaid to ask demand and receive of and from the Secretary of the Treasury of the United States, or any other Officer of the Government of the United States appointed for that purpose, all money due the Estate of the said Joseph Pell for his services as surgeon in the Virginia Navy during the war of the Revolution. (half pay or commutation,) and particularly under act of Congress of the 5 th July 1832, and also all money which may be due Estate of the said Doctor Joseph S. Pell in any manner whatever from the Government of the United States, or the State of Virginia, and I do by these presents, give and invest my said Attorney with full power and authority to pursue such proper and legal steps as may be deemed by him necessary for the recovery and receipt of all amounts of money as aforesaid which is or may be due to the Estate of the said Dr Joseph Pell and to do and perform every thing in relation to the premises, as fully and effectually as I could do if I were personally present, hereby ratifying and confirming all and whatever my said Attorney shall do in the premises by virtue hereof. Witness my hand and seal this 21 st day of August 1849 State of Virginia Norfolk County To wit.
John G. Sibley Adm (Rea)
This day John G. Sibley Administrator of Joseph Pell decd personally appeared before me a justice of the peace in and for the county aforesaid and acknowledged the above power of Attorney to be his act and deed given under my hand and seal this 21 st day of August 1849
J. P. Wilson J.P. (Rea)

State of Virginia. Norfolk County to wit:
I Arthur Emerson Clerk of Norfolk County Court in the State of Virginia aforesaid, hereby certify that James E Wilson who has given the within certificate of acknowledgment, is a Justice of the peace in and for the County aforesaid duly Commissioned and qualified to act as such according to the Constitution and Laws of this State.
Given under my hand and the seal of the said Court this second day of August in the year of our Lord One thousand eight hundred and forty nine and of our Independence the seventy fourth.
Arthur Emerson Clerk

Proof of Hunsup

State of Virginia.
At a Court held for Norfolk County on the 15 th day January 1838
The Court doth certify upon satisfactory evidence that Doctor Joseph S Pell died about the month of June 1804 leaving a widow Mary Pell (who died in the year 1811) and left six children living at the time of his death viz: 1 st Samuel Pell who died intestate in 1828 leaving an only child Rebecca who married Isaiah Pope. 2 nd John Pell who has been absent from the Commonwealth sixteen years and not having been heard of is pronounced in law to be dead. 3 rd George Pell who died intestate in the year 1821 leaving one child Nicholas Pell who died in 1835 an infant under the age of twenty one years without issue and intestate. 4 th Polly Pell who died in 1832 intestate and without issue. 5 th Betsy Pell who died in 1828 intestate and without issue and 6 th Hester Pell who married Thomas Scott and died in 1814 without will leaving alive her husband the said Tho Scott and a child Mary now the wife of David Edwards. Whereupon the Court doth further certify that the said Isaiah Pope in right of his wife and the said Thomas Scott in right of his deceased wife are the distributees of the said Doctor Pell -
At a Court held for Norfolk County on the 19 th day of March 1838.
On the motion of Isaiah Pope, by his attorney, it is ordered that the affidavit of John Marshall taken before John Nash J.P. on the 15 June 1833 be spread on the records and is in these words:
"Norfolk County to wit: This day personally appeared before me a Justice of the peace for Norfolk County aforesaid, John Marshall who made oath that he was well acquainted with Doct. Joseph S. Pell before, during and after the Revolutionary War and he knows that Doct. Pell was a Surgeon on board of a vessel in the Virginia

Navy Commanded by Capt Wright Westcott from early in the War, till the time that vessel was lost in the last of 1777 or early in 1778 - then Doct Pell for a few months attended the sick of a Militia Company on Pig Point and afterwards (in the year 1779 this affiant believes) he was a short time Surgeon of Capt Willis Wilson's vessel and then was transferred to some other vessel and continued to act as Surgeon in first one vessel and then another until after Cornwallis' surrender (1781). This affiant is confident that Doct. Pell was in the service the whole War. Given under my hand and seal this 15 th day of June 1833. John Etash J.P. (Seal)
At a Court held for Norfolk County on the 19 th day July 1847.
The Court doth certify upon satisfactory evidence produced before it, that Elizabeth the wife of David Edwards, Lucy Scott, Thomas Scott and John Scott are the only heirs at law of Doct. Joseph T. Pell deceased.
I Arthur Emerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid, hereby certify that the foregoing are true copies from the records of the said Court.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this twenty third day of May in the Year of our Lord One thousand eight hundred and forty nine and of our Independence the Seventy third.
Arthur Emerson Clerk

In the name of God amen I Joseph Pell being weak in body but of perfect sense and sound memory do make this my last will and Testament.
Item I lend unto my loving wife Mary Pell all my real and personal estate during her widowhood and no longer also all my household and kitchen furniture whatsoever they may be and I also give unto my loving wife my black carriage horse and harness.
Item if my wife should marry then all my property that I lent to my wife to be equally divided among my children then living. I do appoint my loving wife Mary Pell my sole and sole executrix to this my last will and Testament and not for my proper to be sold at vendue but my creditors to bring on their accounts to my executrix to this my last will and Testament for settlement this eighth day of December one thousand eight hundred and three.
Signed and sealed in presence of Witness Robert Fort Abby her X Harrison (mark) Ann her X Matthews (mark)
J. Pell
At a Court held for Norfolk County the 15 th day of October 1805
This Will was proved by the oaths of Robert Fort and Ann Matthews witnesses thereto and ordered to be recorded. And on the motion of Mary Pell who made oath thereto and together with John Brooks and James Blamire her securities entered into and acknowledged their bonds in the penalty of eight thousand dollars conditioned as the law directs certificate is granted her for obtaining letters of administration on the estate of Joseph Pell deceased with his will annexed in due form.
Teste
W m Wilson jun r C lerk
At a Court held for Norfolk County the 22 nd day of March 1832
The Court doth certify upon satisfactory evidence that Mary the wife of Thomas Wilos, Mary the wife of David Edwards, Rebecca the wife of Isaiah Pope & Nicholas Pell are the only heirs at law of Robert Joseph Pell decd.
At a Court held for Norfolk County the 18 th December 1832
On the motion of Isaiah Pope who made oath thereto and together with John W Mundough his security entered into and acknowledged a bond in the penalty of eight thousand dollars with condition according to law certificate is granted him for obtaining letters of administration on the estate of Robt. Jo s Pell decd. with his

will annexed in due form (unadministered by Mary Bell deeds:).
Virginia
Norfolk County to wit:
I William H Wilson clerk of the County Court of Norfolk in the State of Virginia do hereby certify that the foregoing are true copies from the records of the said Court.
In Testimony whereof I have hereunto set my hands and afixed the seal of the said Court this the twenty fourth day of March in the year of our Lord one Thousand eight hundred and thirty four and of our Independence the 58 th
Wm H Wilson
ce
Copy of the Will of J Bell.

May 21, 1936
XXXXXXXXXXXX
Honorable Colgate W. Darden, Jr., House of Representatives Washington, D. C.
JOSEPH SIMON PELL R. 84 BA-J/MHF:MLB
My dear Mr. Darden:
Your letter of April 13, 1936, addressed to Honorable Henry Morganthau, was referred to the Veterans Administration May 12, 1936, for further reply in regard to a Virginia Half Pay claim under the Act of July 5, 1832, based upon service of Joseph Simon Pell, Surgeon, Virginia State Navy, War of the Revolution. Your letter is in behalf of Mr. Martin Abraham, attorney in the City of Portsmouth, Virginia, who believes that the heirs of said Dr. Pell are entitled to Virginia Half Pay under the provisions of the act of Congress cited above, and you desire to be informed in the matter of just what procedure is necessary in making this claim.
All papers on file in the Revolutionary War Virginia Half Pay claim, R. 84, based upon service of Joseph Simon Pell as Surgeon in the Virginia State Navy, have been examined.
It is shown in these papers that more than one effort has been made to obtain for the heirs, even older generations than those now interested, of Dr. Joseph S. Pell, the amount of Virginia Half Pay believed to be due under the Act of July 5, 1832, on account of his service as Surgeon in the Virginia State Navy in the War of the Revolution. It is shown further that in each effort of various representatives to obtain this Virginia Half Pay for the heirs of said Dr. Pell, that proof of service such as would have entitled the heirs to this Virginia Half Pay was never established, hence the claim was rejected by a long series of uniform decisions made by the Commissioner of Pensions, Secretary of War, and the last of which decisions, as shown by the papers in the claim in this office, was that of the Secretary of the Interior, made April 3, 1850. ←
Reference to an alphabetical list of private claims which were presented to the House of Representatives from the First to the Thirty-first Congress, reveals also that a claim was presented
See letter from Pen. Off. to Thos. Scott filed Aug. 26, 1853, on a blue sheet of paper.

during the Twenty-fifth Congress, second session, by the heirs of Joseph Simon Pell, for "further compensation as Surgeon in the State navy of Virginia in Revolutionary War", again another claim for the same service in the first and second sessions of the Twenty-sixth Congress, and again another claim for the same service, in the second session of the Twenty-seventh Congress, and that first and last the nature of the reports was adverse and they were disposed of by the House of Representatives in the following manner: "Laid on the table".
The records of the Veterans Administration do not show that a claim for pension was ever made under the Act of June 7, 1832, referred to in the letter of Honorable William H. Reynolds to you dated May 12, 1936, based upon service of said Dr. Pell.
There is now no provision of law under which the descendants of any persons who rendered service in the Revolutionary War are entitled to pension or other compensation based upon service in that war. As matters relating to pensions, or other compensations, for services rendered in a military or naval capacity are within the jurisdiction of the Veterans Administration, and as pensions or compensations for such service are granted only under the provisions of the various laws enacted and approved by Congress, it is evident that in the nonexistence of such a provision of law, to file a claim based upon service of Dr. Pell in the Revolutionary War would be futile.
The two letters of Mr. Abraham, dated December 31, 1935, and March 24, 1936, addressed to Mr. W. J. Chenoweth, copy of Report from Committee on Revolutionary War claims, dated April 1, 1842, and copy of Report from Committee on Revolutionary Claims, dated June 7, 1838, and a copy of Act of Congress approved June 7, 1832, are returned herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator
See copies of the two copies of reports 1842 & 1838 here- with. I kept them & copies of letters to Mr. Chenoweth, but not of the act of June 7, 1832 as we have that in Mayo's & Moulton's Pension Laws.

Remarks on the Claim of the Skins of Dr Bell for half pay under the Act 5 July 1832 - Submitted by
R. R. Raper atty
Nov 5. 1849.

In the matter of the appeal to the Secretary of the Interior, from the decision of the Commissioner of Pensions, on the claim of the Heirs of Dr. Joseph S. Pell a Surgeon in the State Navy of Virginia, for Half Pay for life, under the Act of 5 th July 1832. - The objection being as to the sufficiency of the Evidence.
In reference to which the following Remarks are respectfully submitted.
The Documentary evidence consists of paper marked B extracted from the Journal of the Navy Board Pg
The appointment of Dr Pell as Surgeon to the Revenge Gally 29 July 1776.
Orders of the board for medicines to be furnished him under dates 13 August 1776.
8 th April, & 3 rd December 1777.
Order for payment to him of £50 on account of his wages on board Norfolk Revenge dated 2 nd December 1776. -
Paper marked A. Dr Pell's Account & Settlement for £17. 6. 3 for medicines furnished 22 Oct o 1776 taken from Navy ledger from July 1777 to July 1779.
Paper marked L. at page N o 3 John H Smith reports to the Governor of Virginia that there was Evidence which has been mislaid of his service down to the time of the loss of the Norfolk Revenge Gally which he believed was in May 1778.
Paper marked C. Certificate from the auditors office of Virginia that "it does

(not appear from the Records & documents filed in his office that Dr Pell ever resigned or was dismissed."
Paper (marked I. Certificate dated 29 October 1787 & delivered to Dr Pell himself, for £49. 16. for the balance of his full pay for services prior to 1 January 1782.
Paper (marked D. Order of the Executive of Virginia dated 22 March 1834 to allow to the Heirs of Dr. Pell "Land bounty for services as a Surgeon from July 1776 to the end of the War."
= This is all the documentary evidence in the case, that can be discovered among the imperfect files at Richmond. They shew Dr Pell was appointed a Surgeon in July 1776 & was found on the Rolls up to May 1778 (when the Revenge was sunk in Nansemond River) - that he never resigned, or was dismissed, and that his final settlement Certificate was not issued until October 1787 when it was delivered to himself. In regard to these facts, there can be no disagreement; they are verified by the Records of Virginia. - Sure not denied:
The Laws of Virginia granted half pay for life to all the Officers of the State lines, and Navy who served to the end of the War, or who became supernumerary and were not dismissed, or who did not resign or who did not refuse to enter the service again, when called upon.
(Now what was the condition of

Dr Pell, after the destruction of the Revenge. but that of an officer not on duty . His Vessel was destroyed - but not his Commission - it is shown that he never resigned or was dismissed. So far then as this species of testimony goes, the Questions to be decided are, (Was Dr Pell an officer of the Navy? The evidence of his Commission proves the affirmative. then, did he become Supernumerary, or rather an officer not on active duty ? The affirmative of this fact is also clearly established by the documents.
Being in that position (was he ever ordered again into Service, if so, did he refuse obedience to the order, there is no evidence disclosed by the documents on this point, & if there be any, the Onus probandi rests upon the Government: (Upon this State of facts, the claim, it is conceived, might safely rest. but there is still other and stronger evidence, the testimony of Witnesses, (whose depositions are on file with the papers; This evidence goes much farther - it proves to our Minds conclusively, that Dr Pell served on board the Revenge until she was sunk in (May 1778. - that he continued in Service long subsequent to that event; and several of the Witnesses swear positively to his Continuance in Service to the end of the War - that is - to the dismantling

or Reduction of the Navy in 1781. It is true the Commissioner of Pensions endeavors to destroy the force of this testimony by discrediting the Witness, in regard to mere discrepancies as to dates, a want of recollection, or a misapprehension of which by Major S. Wyatt (whose deposition is dated in May 1832) after such a lapse of time, as by no means astonishing & should not be regarded as utterly to destroy the whole effect of his statements. Major Wyatt was well known, and proved by the affidavits herewith, to have been a gentleman of very high character. The same general remark may with equal propriety be applied to the objections respecting the testimony of other Witnesses. Upon this testimony the Executive of Virginia, who it is presumed knew better than the Commissioner of Pensions, the reliance to be placed upon the testimony of these Witnesses, allowed to the heirs of Dr. Bell "bounty land for his services as a Surgeon in the State Navy from July 1776 to the close of the War" (see d), But fortunately we have another Witness (whose character for honor and truthfulness stands unimpeached by the Commissioner of Pensions, and is unimpeachable - Colo. Stephen Wright at this time, the oldest Magistrate & Judge in the State of Virginia - an old

gentleman alike venerable for his years, as for the virtue and probity of his whole life. Which is evidenced by the numerous certificates accompanying the papers in this Case & to which especial attention is respectfully asked, as indicating the great weight to which his testimony is entitled. He (Col. Wright) in his deposition dated in August 1849, (marked R.) swears that he knew Dr Joseph S Pell "when he was Surgeon on board the Revenge Galley of Norfolk Commanded by Capt Wright Westcott; and that he was in service in the year 1781 as such". but that he did not know how long he served after, tho' he presumes to the close of the war as he never heard of his resignation.
In view of all this mass of testimony, and contrasting it with that upon which the Half pay was allowed to the heirs of Dr John Lyon (who was the Surgeon's Mate under Dr Pell, it is difficult to perceive by what rule of rule of right, of justice, or of principle the Commissioner of Pensions should have deemed the Evidence in this Case insufficient, or that he should have admitted the one, and rejected the other.
Respectfully Submitted
W. B. Burges
Atty for the Heirs of Dr. Pell
Washington City Nov 5. 1849

March 22 o 1834
Land Bounty was granted to the heirs of Joseph S. Pell for his services as a Surgeon in the State Navy, from July 1776 to the end of the war.
Executive Department Richmond Va. July 18. 1849.
I hereby certify that the foregoing is a true extract from the Executive Journal, of the date prefixed.
W. H. Richardson

1
Ap. 13
M168.
April 13. 1841.
Court of Pensions.
J.W. Mundaugh.
Statement & appeal in case of claims of Heirs of Dr. Jos. L. Bell.
[Faint, mirrored text from the reverse side of the page] Statement in the case of the Heirs of Dr. Jos. L. Bell, against the United States.

Dr Joseph P Pell -
The exceptions of the commission in the case of Pell, here, are confined exclusively to the deficiency of the personal  oral testimony - It is true as stated by the commrs: that there is a discrepancy in the two statements made by Marshall - But I am willing to discard all the testimony of persons and rest the claim wholly on the documentary evidence - The commrs: & myself cannot disagree on these facts as verified by the records of Virginia - Viz that Dr Pell was appointed a surgeon in July 1776 and was attached to the Gally, Norfolk Reserve - That he continued as such until the destruction of that vessel was That the Reserve was destroyed in May 1778 -

May 1778 when Pell was on duty on board of her — These are the facts as shown by the records — The law of Virginia granted Half Pay for life to all the officers of the State line & navy who served to the end of the war, or who became prisoners involuntary and were not dismissed or who did not or who did not refuse to enter the service again when called resign — Now what was the condition of Pell upon the destruction of the Revenge, but that of a Supernumerary officer — his command was destroyed but not his commission — There are very cases of Supernumerary officers who have recd: Half Pay upon the testimony of living witnesses only — I beg to refer the Hon the Secy of War to the Recd: of the Act of Virg a per Hen: Statutes at large Vol p — The decision of the Courts of Virg a  now required the Supernumerary officer to show that he was again called into service &

that he recruited  served to the end of the war - this decision of the Supreme Court was successfully com- = batted by Judge Wythe of the Chancery Court - Those who decided that, if the officer became supernumerary it was no fault of his - but of the Government, did & under the decision of the Supreme Court, if the Government desired to exonerate itself from the payment of the Half Pay to all her officers, it was only necessary when the war was being about to terminate, to dismiss all her men & leave the officers without com- = mand - In 1831 The Supreme Court reversed their former decision & adopted that of Judge Wythe which is now the law of the land - There The payment of these claims was assumed by Con- = gress by the act of the 5 th of July 1832 -
Washington April 13/41 M c Murdaugh

Portsmouth Aug 24 th 1853
To the Commissioners of Pensions
Hon d Sir
you will confer a favor by informing me whether the ten per ct. claim and due to the heirs of Dr Joseph S. Pell has ever been allowed if so whether paid to Mrs G Sibley our agt. or any agt. which may have been employed by him he has power of attorney from us for this Claim together for half pay. My motive in writing you is simply because I received an information from him with reference to these claims. Therefore I am induced to make an appeal to you for the information desired
Respectfully Thos Scott

Letters of Administration

State of Virginia. Norfolk County to wit:
Whereas, at a Court held for the said County of Norfolk before the Justices of the said Court, on the 21 st day of May 1849, on the motion of John G. Sibley who made oath thereto according to law, and with David Edwards, Thomas Scott and Lucy Ann Scott his securities, entered into and acknowledged a bond in the penalty of four thousand dollars with condition as the law directs, certificate was granted the said John G. Sibley for obtaining letters of administration de bonis non with the will annexed (proved at a former Court) on the estate of Joseph Bell deceased, in due form: And whereas by an act of the General Assembly of this Commonwealth passed on the third day of March in the year 1819 entitled "An act, reducing into one, the several acts concerning Wills, the distribution of intestate estate, and the duty of Executors and administrators," it is among other things provided that the Clerks of the Courts shall when required by an administrator make out letters of administration in due form in the name of the first Justice of the Court, which letters shall be signed by such Justice and sealed with the Court Seal.
Therefore I Stephen Wright being the first Justice of the said Court, in pursuance of the above recited act, do issue these letters of administration, and do hereby authorize and empower the said John G. Sibley well and truly to collect and administer all and singular the goods chattels and credits of the said Joseph Bell deceased in all matters and things concerning the same according to the true intent and meaning of the said Will and according to law, hereby requiring the said John G. Sibley to make and exhibit into the said County Court a true and perfect inventory of the said goods chattels and credits, and also to make a just and true account of his actions and doings therein when thereto lawfully required.
Given

Given under my hand and the seal of the said County this 23 rd day of May in the Year of our Lord One thousand eight-hundred and forty nine and of our Independence the seventy third.
Teste Arthur Commonwealth Clerk of the Court of Nassau County [Signature]

Ms. II 113 p. 10
Dr Bell
Gary Selden agent.
March 19. 1838
Certificate of the Comt of Norfolk Co. Va. with a transcript of the affi- davit of John Marshall relative to Dr Bell's Service.
July 22

Virginia
At a Court held for Norfolk County the 19 th day of March 1838.
On the motion of Isaiah Pope by his attorney it is ordered that the affidavit of John Marshall taken before John Nash a Justice of the peace on the 13 th day of June 1833 be spread on the records and is there words: "Norfolk County to wit. This day personally appeared before me a Justice of the peace for Norfolk County aforesaid John Marshall who made oath that he was well acquainted with Dr. J. S. Pell before, during and after the Revolutionary War, & he knows that Dr. Pell was a surgeon on board of a vessel in the Virginia Navy commanded by Capt. Wright Westcott from early in the War, till the time that vessel was lost in the last of 1777 or early in 1778. then Dr. Pell for a few months attended the sick of a Militia Company in Pig Point and afterwards (in the year 1779 this affiant believing) he was a short time surgeon of Capt. Willis Wilson's vessel and then was transferred to some other vessel and continued to act as surgeon in first one vessel & then another until after Cornwallis's surrender (1781). This affiant is confident that Dr. Pell was in the service the whole War.
Given under my hand & Seal this 13 th day of June 1833.
John Nash J.P. Clerk
I William H. Wilson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid hereby certify that the foregoing is a true copy from the records of the said Court.
In Testimony thereof I have hereunto set my hand and the seal of the said Court this nineteenth day of March in the year of our Lord One thousand eight hundred and thirty eight and of our Independence the sixty second.
W. H. Wilson C. Clerk

Washington June 29 th 1838
To the Hon.
The Secretary of War
Sir
I submit herewith the evidence accompanying the application of the heirs of Doctor Joseph P Pell to be allowed Half Pay for life as a surgeon in the Virginia State Navy during the war of the revolution, in pursuance of the act of congress of the 5 th of July 1832 — The claim now presented is provided for in the 3 d Section of the act of 1832 which refers to the act of the Virginia Legislature passed in May 1779 and the decision of the Court of appeals of Virginia under the act of 1779 — It will therefore be necessary to examine into the provisions of that act as well as the principles of the decision of the Court of appeals — The act of 1779 promises Half Pay for life to such officers of the State Line

as served to  the end of the war , or who be- -came supernumerary and who did not refuse to perform service again if re- -quired so to do and actually served to the end of the war, — I quote the law from memory — a Subsequent Act of Virgi- -nia extended all the provisions of the act of May 1779 to the officers of the State Navy — In 1790 many suits were instituted against the Commonwealth of Virginia in the Court of Chancery for the Richmond district for the recovery of the Half Pay, and the distinguished Jurist who presided in that Court the Hon ble George Wythe rendered judgements in favour of the officers, which judge- -ments were reversed by the then Court of Appeals. Notwithstanding which Chancellor Wythe rendered other judgements of a similar cha- -racter in favour of the officers and took occasion to review the decisions of the Appel- -late Court in which he sustained

his own decision by one of the most learned  learned arguments that was ever delivered from  proceeded from the bench of that State - His subsequent judgments were reversed by the Court of Appeals and from that time until 1850 those claims were considered as settled against the claimants - in 1850 a distinguished judge of Virginia being interested in one of the claims instituted suit for Capt Mark- ham & Captain Lilly, representatives (two officers of the Navy) and recovered judg- ments in the district court which were affirmed in the Court of Appeals, which court took the ground advanced by Chan- cellor Wythe - that if the officer ever performed service and became supernu- merary by the Laches of the State - such as consolidating two or more corps in one or by disbanding a corps &c - it was not necessary in order to entitle him to the Half Pay, that he after having been supernu- merary should have again entered the service & continued therein until the close of the war

(Which was the decision of the old Court of Appeals—) But if he once became super- numerary the onus probandi  was thereon was rested on the Commonwealth to show that he had forfeited his claim to the Half Pay by having refused to enter the Service again when required so to do and to remain so to the end of the war — Now apply these principles (which govern the decision of the Court of Appeals) to the case of Dr Pell; here — It is shown by documentary evidence that Dr Pell was appointed a sur- geon in the Navy in July 1775 and attached to the Schooner or Galley Revenge — It is also in proof that the Revenge was sunk in May 1778, by which event Dr Pell was thrown out of command and consequently became a supernumerary — The evidence of very respectable persons prove that he was a patriotic and meritorious Officer — that he was in Service a short time after the loss of the Revenge with Capt Wilson of the Ship Washington — to relieve probably the regular Surgeon of that Ship for a short period — it is also in proof that he rendered

professional services to the Militia in 1779 in 1781 he was then  seen in the costume of an officer attending the American Army then in the County of Nansemond and which afterwards marched to York — the evidence of several witnesses proves that he was an officer in the Navy and that  but he rendered service in the army after the loss of his vessel — and that he continued to render service in the army until the termination of hostilities — The Executive of Virginia allowed land bounty for service from July 1776 to the end of the war — The commissioner seems to think that the claim is prejudiced by the proof that Dr Pell, having no longer a command in the Navy patriotically  in a therefore a supernumerary patriotically spirit should have served the army instead of holding his arms + living in inglorious ease as a supernu- merary awaiting a call from the State to enter the Navy again — In submitting

the case to your consideration - I beg to say that the evidence which the commissioner considers deficient is in my opinion more than sufficient to entitle the claimants to a judgement in the Courts of Virginia - It may therefore be told me to carry the claim to the Courts of Virginia - to which I reply that the act of 1852 does not authorise the payment of any judgments thereafter to be obtained against Virginia, but only such as had been rendered at the time of the passage of the act - the act of 1852 provides for the payment of judgments then ren- dered and all unsatisfied claims - a judge- ment in this case would leave it precisely where it now is - merely an unsatisfied claim - and I can see no reason why the judgement of the Court should commend the claim with more favour to the Secretary or the commissioner, than the judgement of the Executive Council al- -lowing the land bounty for service to the end of the war - Suppose a judgement

in favor of the claimants against Virginia were produced, would the Department not be bound to look behind the judgement & see the evidence — If so then it would be unnecessary to proceed against the State, — if on judgement be rendered the Legislature has to provide for its payment & that would not be done — but the claimants would be referred to this Government for payment — and here the evidence pre- taining the judgement would be examined. If in the opinion of the Department the judgement was improperly rendered, the claim would still be disallowed
By the act of Virginia of November 1781 See 10 Henings Statutes at Large P 449-450 all Staff Officers of the Navy ordered to be dismissed
— Why this order — because the State had no further use for their services —
Documents marked A & B contain the evi- dence on which the land bounty was allowed B. That no evidence of Dr Pall ever having resigned his office — D The order of the Executive

of Virginia for the Bounty land The remaining documents marked E to contain additional evidence in support of the application for Half Pay
Pell was appointed a Surgeon in the State Navy 29 th July 1776 - was on board of the Revenge which was sunk in May 1778 - as shown by the records - he was from the top of the Revenge a supernumerary - he rendered service to the Militia on Big Point & was a short time in 79 on board the Washington - in 1781 was in full uniform of a Navy Offi- cer, rendered service to the regular army that had been driven from Portsmouth by Arnold or Leslie, and which was then in Newbern, he was with the army on its march to Yorktown - and between May 1778 to the close of hostilities he was employed occasionally in first one vessel of the Navy & then another
June 29 th 1858 J. M. Mendenhall
John Mendenhall
John Mendenhall Washington D.C. June 29 th 1858

Pell 3 II
Red's affidavit June 1838
Nansemond Co, Va. June 19. 1838
Abiah Red's affidavit in the case of Jos. S. Pell.
J. M. Murchison

I, Abiah Red, of the County of Nansemond in the State of Virginia, now in the Seventy Sixth year of my age, being duly sworn on the Holy Evangelist, do say, that I was well acquainted with Doctor Joseph Pell, whom I knew as a Surgeon attending the American Army while it was stationed at Sherico and at Mount Pleasant in this County, at the time Cornwallace marched through the Country. — I knew doctor Pell from the time of that invasion, and I know that he wore the uniform of an officer, and was considered an officer until the end of the war at York. I recollect very distinctly that doctor Pell was said to be a Surgeon in the State Navy, but as I resided off the river, I knew nothing of his services in the Navy, except from the general understanding at the time he was attending the Army, which was, that he was a Surgeon in the Navy, but was then attending the Army; but for what reason I knew not or do not now recollect. — I am quite certain that doctor Pell went with the Army from this County to York. I knew him after the war, and I know that he was considered as having served as an Officer to the close of the war.
her Abiah X Red mark
Nansemond County, to wit:
I, John B. Berton, a justice of the peace for said County, do hereby certify that the foregoing affidavit of Mrs. Abiah Red was taken before me, on this 19 th day of June, 1838. — I further here certify that Mrs. Red is in full possession of the faculties of her mind, and from that circumstance, as well as from her character for veracity, her affidavit is, in my opinion, entitled to full credence. Given under my hand and Seal this 19 th day

of June, in the year 1838.
Wm. B. Benton. J.P. (Seal)
I, Joseph Prentis, clerk of the County Court of Nansemond County, in the State of Virginia, do hereby certify that Wm. B. Benton, who hath signed the foregoing certificate, is a justice of the peace in and for said County, duly commissioned and qualified to act as such, and that due faith and credit are and ought to be given to all his Official acts.
In testimony whereof I hereto set my hand and annex the seal of my said County, at my Office on this 19 th day of June 1838.
Joseph Prentis Clerk.

Dr J S Pell
I have carefully revised this case and on an examination of the documents am of opinion that the proof to establish a claim for a pension for J. W. Mundaugh Esq. the heir of Capt. John S. Pell is insufficient
J. R. P.
+ This is not a claim of pension - M c M - Statement that this claim was not rec d is corroborated by this remark - 1020

Evidence in support of the application of Dr Jos. O'Kell to be allowed Half Pay —
Ann

Dr Bell Doct: Jos: T. Bell Navy - Vouchers for Half Pay
Copy of Will & Attorney Power of Attorney for Admiral, Pheasant

Ms. A. 9. 2. 23 Ms. A. 9. 2. 24 Ms. A. 9. 2. 25
Papers - Showing the heirship of Dr Is. A. Kell - his will - Letters of admin. Power to receive Half Pay - letter 186 -

Heirs of Dr Joseph S. Nell, claiming half pay under the Act of 5 th July 1852.
I have carefully read & considered the docu- mentary evidence under filed in this case, & can see no sufficient reason for changing the dispositions which have hitherto been made regarding the closing.
J. J. G.

3 March 23/
M 108.
March 25, 1841.
Pension Office. Reported 27 th .
Washington Mar 23. 1841
J. W. Murdaugh
appeal from the decision of Pension Office in case of Dr. J. S. Bell's heirs.

Washington March 23 d 1841
To The Hon o
John Bell Secy: of War
Sir
Several years ago I presented to the Pension Office a claim, for Half Pay, on behalf of the heirs of Doctor Joseph Pell an Officer in the Virginia State Navy during the war of the revolution - The claim was as fully sustained by evidence, as is usual in Judicial proceedings - and I was surprised at the decision of the

Commissioner, rejecting the claim. — The Commissioner informed me that I could take an appeal to the Secre- tary of War — which I accordingly did — and I waited on Mr Poinsett in person, who in my presence took up the paper and without reading the evi- dence , — although he says, after carefully revising — affirmed the decision — thereby rejecting the claim without a hope of being allowed or even examined upon its merits during his continuance in office — I have to request of you the favor to examine the claim and I pledge myself if your decision shall be adverse to the allowance, that

I will abandon it —
I have the honor to be with very high respect Yr: O. B. R. St.
J. M. Murchison

Washington
June 29. 1838
J. W. Murdough
Submitting the case of Dr. Pell dec d to the decision of the Secretary of War.
Hon N. Poinsett Secy of War Present

I understand will add on behalf of Dr Bell, here is that it was usual for supernumerary officers in the Navy to render service in the Army - Col George Nuter is one instance - he was a Captain in the Navy & losing his brevet - he raised a Company of Volunteers was appointed Colonel of the State Garri- son Regiment in which he continued to the close of the War

Feb 13. 1841
S. J. May Colo J. L. Edwards
Dear Cousin
Wm H Hall MR
[Faint, illegible markings or bleed-through from the reverse side of the page]

No Resp s Feby 12 1841
Sir,
Some time since I sent you certain papers in behalf of the heirs of Simon Joseph Pell , which are referred to the Com ee of Rev d Claims of the House, asking for information in regard to them. Will you have the goodness to answer the inquiries made touching the papers
very respectfully yr H. Hall
Col o J L Edmards
Com ee of Pensions

40 Reps. Washington Jan'y 27. 1848
Sir,
I enclose you the petition accompanying papers of the heirs of Joseph Simon Pell, which have been referred to the Court of Reqd Claims —
I am directed by the committee to inquire of you under what act, the papers of which a copy from your office, was filed, & what was your decision upon them.
If they were filed under the act for paying Virginia half pay claims of July 5. 1832. I wish to know your decision upon them, & the reasons assigned for it —
Would also be glad to know whether the name of Joseph S. Pell appears upon the list of payments in your office under the Virginia act of 1787, & if so when those made

was paid him.
Please return the traps.
I am Sir very respectfully Yours W. Hall

Receipts for money of Dr. Pell.

Pension Office.
March 26. 1841.
Sir,
In consequence of the enclosed letter from Mr. Murdaugh, I make the following Report in the case of the heirs of the late Dr. Joseph S. Fell, who was a Surgeon in the Virginia State Navy, during the Revolutionary War:
This claim is for half pay under the act of Congress of the 5 th July 1832, entitled "an act for liquidating and paying certain claims of the State of Virginia," and in order to entitle the heirs to the pay claimed, it must be clearly shown that Dr. Fell served after the Session of the Virginia Legislature, in May 1780. The following described proof, which has been filed here, is not sufficient to establish the claim, and I have so decided. From this decision, Mr. Murdaugh appeals.
The affidavit of S. Wyatt is discredited by the records. The affiant alleges that "Dr. Fell was Surgeon on board of the State vessel commanded by Capt. Wright Westcott in the

Virginia State Navy, from the year 1777 or 1778, until the end of the war." The records shew that Dr. Fell was Surgeon on board of the Revenge Galley, Commanded by Captain Westcott in the year 1776 and 1777, and that the Revenge was sunk before the 24 th of May 1778. They, also shew that Capt. Westcott, after the sinking of the Revenge, was in command of another vessel called the Henry, of which Dr. Swase was the Surgeon, and not Dr. Fell.
The affidavit of John Marshall is not more satisfactory. He swears that he knew Dr. Fell was a Surgeon on board of a vessel of the State Navy in 1777 or 1778, when she was lost; and that he afterwards attended the sick men of a militia Company on Pig Point, and afterwards, in the year 1779, as he believes, Surgeon of Capt. Willis Wilson's vessel, and then was transferred to some other vessel, and continued to act as Surgeon "in first one vessel and then another until after Cornwallis' surrender," &c. In an affidavit by this same John Marshall, made in 1832, he swore positively, that he did not know how long Dr. Fell served.

Lemuce Hays, another witness in this case, swears that Dr. Fell was in the State Navy, but does not know how long he served.
The affidavit of Thomas Scott, is also produced. He was born after the war ended, and of course he could have had no personal knowledge of Fell's service; but he says that he heard his father say, that Fell served to the end of the war. Such evidence is inadmissible.
Mrs. Abiah Reed's affidavit is equally objectionable. She could have had no very particular knowledge of his service. She says, that Fell was with the American Army; but with what particular part of it, she does not state. We have no evidence whatever that a Surgeon of the State Navy, was ever ordered to do duty with the Army. But if the fact were so, her statement could not be received as evidence, as it is entirely too indefinite.
It appears that the State of Virginia granted land to the heirs of Dr. Fell for services to the end of the war; but we never consider the allowance of bounty land, by the

State, sufficient evidence to act on, as land has been frequently granted by the Executive of Virginia, on evidence, which would not be deemed satisfactory, in this Office.
As the question for your decision is merely whether, the evidence is sufficient, it will be proper that the papers should be submitted to you for examination. I accordingly enclose them, 25 in number. A return of them is requested.
I have the honor to be, Very respectfully Your Obt. Servt: J. L. Edwards, Commis r of Pensions.
Hon: John N. Bee. Secretary of War.

President M.S.
Refus letter of S. W. Murch- dough, appealing from decision of Pension Office on claim for half pay of Dr. Pell.
P187. Rec. Feb. 23/42.
Pension Office.
Report and July 26 th
See report from Secy of War to President M.S. of March 7 th 1842
Comm. of Indian affairs report
To The President
of The United States
Washington
D.C.

President M.S.
Refus letter of S. W. Murch- dough, appealing from decision of Pension Office on claim for half pay of Dr. Pell.
P137. Rec. Hb. 23/42. Pension Office. Report and Feb 26 th .
Jos P. Pell 59. 42
See report from Secy of War to President M.S. of March 7 th 1842
Comm. of Indian Affairs report
To The President of The United States Washington D.C.

Portsmouth Virginia February 8 th 1842
Dear Sir
The object of my visit to Wash- =ington in September last, was to invite your attention by way of ap- peal to a claim presented by me several years ago to the Commrs. of Pensions, (whom I will take this occasion to say is an officer of the highest merit) for the Half Pay of Dr Pille a surgeon in the Virg- =inia state line - which the Commrs. re- =jected

From the adverse decision of Mr I L Edwards, I took an appeal to that Blood Hound Standing Army Man, who called for the papers, and upon receiving them - he in my presence opened (but did not read) them, and in a surly, huffish manner said, "I affirm the decision of the Commr." whereupon I took out with all possible haste, lest he might, let slip the dogs of war, on me — I renewed the claim in March last & the Commr: rejected it again upon the ground of discrepancy discrepancy

in the testimony of one of the wit- nesses - which I am enabled to explain. - I took an appeal to Mr John Bell who put me off from day to day for a week, upon the plea of a great press of business - until I forced him to a decision which he like, his illus- trious predecessor, gave without read- =ing one particle of the testimony, as I afterwards found out by arguing the case, on the law & the facts, with him - I felt that great injustice was done the parties by this decision and I instantly wrote MacFarland to insti- =tute

not agt: the State, but upon examining the papers he considers the case too plain to admit of a doubt - and it was my intention to have had the matter laid before you - but at that time, as Sam Waller would say, there was something very peculiar in your affairs, and I determined not to with- -draw your mind from great matters of State to the consideration of a four pence ha-penny claim on the Treasury - The present Secretary of War is a gentleman known to me by report as a lawyer of the highest attain- -ments, combining also great industry

p 3 I might safely rest the decision of the claim to one of his distinguish- -ed talents & research - but I prefer a Virg a lawyer who is familiar with the decisions in our courts on this subject - particularly the decision of that eminent Justice & First Man Chan- -cellor Wythe - I prefer a decision from you or Judge Upshur to any other persons - You both know the laws & you know also the principles that have governed in our judicial tribunals - I must therefore beg

a few moments of your official time hours, & most respectfully ask that you consider this claim - The discre- =pancy in the testimony of Mr Marshall (which was fatal to the claim) is easily explained - when he was first called upon for his testimony, he was un- =prepared to recite every incident of the war & he said it had been so long ago that he had not thought much of the war for many years, his testimony was to the effect of no- =thing - Major Wyatt knowing that Mr Marshall was well acquainted

with the services of Dr Poll called on him at his house and in the conversation that took place be- -tween these two old soldiers - Mr Man- -shall then recollected distinctly the services of Dr Poll as set forth in Mr M's second affidavit - now this is the simple explanation as furnished me by the parties to the - I am interested 8 per cent in the claim, but that consideration would  will not operate in the slightest man- -ner to urge me to prep a claim which I conscientiously believed to be unjust - I am satisfied in my

own mind that the claim is just & I feel it my bounden duty once more to renew it at the Half Pay Bureau before I appear, Humbly Complaining, before His Honor Judge Nicholas — The question to be decided are these, Was Poll an officer in the Navy — Did he become Supernumerary — Did he ever after he became Supernumerary refuse to return to service in obedience to orders —
The evidence of the commission proves the first question — The destruction of the reg- =el to which he was attached is shown by the records, & consequently he became Super- =numerary — 3 rd Being a Supernumerary

9 th Officer was he ever ordered again into the service and did he refuse to obey the order. The onus probandi as to this third question rests on the Government according to Judge W yte , decision — for says the Judge if he re- =entered the service — the character of Supernumerary is lost —————
I must apologise for the trouble I am imposing upon you — but be- =lieving as I honestly do that you are anxiously desirous to render the strict justice in the discharge of your official duties —

I am consoled by the hope that you will not dismiss my application with so little ceremony as did the two late Secretaries of War —
I am with the highest respect —
Truly yr. Obseqt.
J. M. Mendenhall
John Tyler Esq.
President U.S.
Washington D.C.

Department of War, March 7 th 1842.
Sir,
I had the honor to receive, on the 23 rd ultimo, the letter of M r . Mundough of the 3 rd which you referred to this Department, in relation to the claim of the heirs of the late Doctor Joseph Pell, for half pay under the Act of Congress of July 5 th 1832.
It is a rule of this Department, a necessary and salutary one, that a case which has been decided, shall not be reconsidered upon the same state of facts; and as this claim has been decided by my predecessors and no new evidence is now produced, A I am justified in re-opening it only by considering M r . Mundough's letter as an appeal to you from this Department; and I therefore submit to you the following report.
The Act of July 5 th 1832, above referred to, provides for reimbursing Virginia the amount she had paid, or was bound for, according to the principles of the decisions of her courts, under the Act of her General Assembly of May 1779, which granted half pay, in certain cases, to officers of the land service, and which, by an Act of Assembly of November 1781, was extended to the officers of her navy, as retained and arranged in pursuance of an Act of May 1780. Doctor Pell was a Surgeon in the Navy and was not therefore embraced by the Act of 1781 and entitled to half pay, unless regularly in the service subsequent to May 1780, and, as required

by the Act of 1799, served to the end of the war, or become supernumerary. The decision of this Department was that the evidence failed to establish the fact of his being an Officer of the Navy subsequent to May 1780. — The evidence and its defects are as follows.
S. Wyatt makes affidavit that "Doctor Pett was Surgeon on board the State Vessel commanded by Capt. Wright Westcott, in the Virginia State Navy, from the year 1777 or 1778 until the end of the war". This is discredited by the records which show that he was Surgeon on board of the Revenge Galley commanded by Capt. Westcott in the years 1776-7, that this vessel was sunk before the 29 th of May 1778, and that after this event, Capt. Westcott commanded another vessel, the Henry, of which Doctor Swope, and not Doctor Pett, was the Surgeon.
There are two affidavits of S. Marshall. The last is to the effect that he knew Doctor Pett was Surgeon in a vessel of the State Navy in 77 or 78 when she was lost; afterwards attended the sick of a militia company on Pig Point, and in 79, as he believes; was Surgeon of Capt. Willis Wilson's vessel, and afterwards was transferred to some other vessel, and continued to act as Surgeon, "in first one vessel and then another until after Cornwallis' surrender". In a former affidavit he swore positively he did not know how long Doctor Pett had served. The last affidavit, not explaining or accounting for this inconsistency, it is of no validity.
Samuel Hays swears that Doctor

Pett was in the State Navy, but does not know how long he served.
Thomas Scott, another witness, who was born after the close of the war, states that he heard his father say that Doctor Pett served to the end of the war. Such evidence is inadmissible.
M rs Abiah Reed, who could have had no particular knowledge of Doctor Pett's service, says that he was with the American Army, but what particular part of it she does not state. We have no evidence whatever that a Surgeon of the State Navy was ever ordered to do duty with the American Army; and her testimony is entirely too indefinite to be received.
Virginia granted land to officers who served to the end of the war, and it appears that the heirs of Doctor Pett obtained land, and this fact is urged as conclusive that he served to the end of the war, and that his heirs are therefore entitled to the half pay claimed. The granting of land by Virginia has never been considered sufficient evidence to justify the United States in allowing a claim for half pay, as the Executive of Virginia has frequently admitted such claims on evidence which this Department would not be justified in receiving as satisfactory.
The obligation resting upon this Department to interpose, in its sphere of action, all proper guards for the protection of the Treasury, makes it its imperative duty, in cases of this kind, to require satisfactory and conclusive circumstantial evidence. That, in this case, is not of such a

character.
Very respectfully, (Your Ob't Servt.)
To the President of the United States.

Aug 4. 43
Jos S Bell 23 July '32
L. Edwards Esq Comr. of Pensions Washington City Dist. Columbia

Dear Sir
Portsmouth Augt 2 nd 1843
Your letter to Mr Thomas Scott under date the 13 th July, has been handed me, and in consequence of the death of J. W. Mendenhall who was his attorney, I have been engaged to look into the claim asserted by him as the heir of Doct Jos. S. Pell. I can perceive no objection to furnishing the certified copies, as desired by his letter. Having furnished copies to John W. Mendenhall Esq in his life time, and they not being found among his papers, seems to me, ought to be sufficient to satisfy the Department of the propriety of furnishing other certified copies. I therefore respectfully ask, that certified copies of the papers may be furnished me, the request is so reasonable I am assured it will not be denied. I have not thought it necessary to draw a power of Attorney, and have it executed with all legal formality by Mr Scott, before I made the request herein contained; if however the rules and regulations of the Department require it, I must of course comply. I would request an early answer, but the promptness, with which you have always answered my letters, when addressed to you on business with your Department, assures me it is unnecessary
Yours Respectfully
James Mendenhall

July 13 '43
Prof. S. Pease 39 July 30 11 for 53 Ann
J. L. Edwards Esq. Court of Pensions Washington City
RECEIVED

Yr Sir
Portsmouth Va. July 11 th 1843
During the life of John W. Mendenhall Esq r he was employed by me so to prosecute the claim that as heir of Dr. Joseph S. Bell dec d we had on the government of the U. States. I must ask the favour of you to transmit to me the original papers, filed by him, or copies thereof. Which be pleased to do as soon as possible, Direct your letter to the care of James Mendenhall Portsmouth Va.
Yours Respectfully Thos Scott

Aug 14 1843
va
Jp S Pille
J. L. Edwards Esq Cem. of Pines Washington City

Dr Sir
Portsmouth Augt 11 th 1843
Your letter of the 7 th was duly received, the construction I have put upon it, is, that certified copies of the papers will at no time be furnished me. you say "I have to inform you that the pressure of business in this Office is such, that we cannot spare time to copy the papers in the case of Doct Joseph S. Pell deceased". I am sorry of this great pressure of business, and supposed it would not be of long duration, and so soon as it had unassuaged ceased copies, I might have expected the copies desired. I should have preferred, if you did not intend to furnish the copies, to have said so, in so many words. If there had been any promise in your letter, that my request should be complied with , at any reasonable time, I should not trouble you with this letter. My direct is writing is now to ascertain from you, if I will put myself to the trouble and expense of visiting the City of Washington, whether you will permit me, to examine the papers and take copies of the same if I shall desire it. If I can I shall bring a power of Attorney from Scott.
Yours Respectfully
James M c Laughlin

I do by these presents certify that I knew Dr Joseph Pell who was surgeon in the Navy of Virginia during the war of the rebellion. I knew him the said Dr Pell when he was surgeon on board the revenue Galley of Norfolk, commanded by Captain Wright Wescott; and that he was in service in the year 1781 as such. I don't know how long he served after. Tho I presume to the close of the war as I never heard of his resignation further I know not as witness my hand and seal this 2 day of August 1849
Stephen Wright (Seal) Master
State of Virginia Norfolk City To wit
This day met Stephen Wright an old gentleman of high standing, and well known to me, in whose statement full faith and credit can be given, personally appeared before me Hartshorne justice of the peace in and for the City aforesaid and made oath according to law to the truth of the above statement, given under my hand and seal this the 2 day of August 1849
J Hartshorne — J.P. (Seal)

State of Virginia City of Norfolk ss
I John Williams Clerk of the Hastings Court of the City of Norfolk of Norfolk aforesaid, do hereby certify that Sylvanus Hartshorn Esquire who hath given the within certificate is a justice of the peace in and for the said City duly appointed and qualified that he is authorized to administer an oath - that full faith and credit are due to all his acts as such - and that the signa- "S Hartshorn" thereto subscribed is in his proper hand writing as I do verily be- -lieve. In Testimony whereof I have hereunto annexed the seal of the said Court and subscribed my name this second day of August in the year of our Lord One thousand eight hundred and forty nine, and of the Commonwealth the seventy fourth
Jno. Williams cc
Deposited Nov 18

LC Deposition - 2 nd Aug 1849 Colo Stephen Wright

Copy Dr. Peck - Mice

In the name of God amen I Joseph Pell being weak in body but of perfect sense and sound memory do make this my last Will and Testament.
Item I lend unto my loving wife Mary Pell all my real and personal estate during her widowhood and no longer also all my household and kitchen furniture whatsoever they may be and I also give unto my loving wife my black carriage horse and chair.
Item if my wife should marry then all my property that I lent to my wife to be equally divided among my children then living. I do appoint my loving wife Mary Pell my hole and sole executor to this my last Will and Testament and not for any proper to be sold at vendue but my creditors to bring in their accounts to my executor to this my last Will and Testament for settlement this eight day of December One thousand eight hundred and three.
Signed and sealed in
J. Pell.
presence of
Witness
Robert Tart
Abby her Harrison
Ann mark  her Matthews mark
At a Court held for Norfolk County the 15 th day of October 1804 This Will was proved by the oaths of Robert Tart and Ann Matthews witnesses thereto and ordered to be recorded And on the motion of Mary Pell who made oath thereto and together with John Brooks and James Blamire her securities entered into and acknowledged their bond in the penalty of eight thousand dollars conditioned as the law directs. Certificate is granted her for obtaining letters of administration on the estate of said Joseph Pell deceased with his Will annexed in due form.
Teste
Wm Wilson Junr. C.n.C.

At a Court held for Norfolk County the 20 th day of July 1849.
The Court doth certify upon satisfactory evidence that Joseph Pell deceased, upon whose estate administration de bonis non with the Will annexed was granted by this Court on the 21 May 1849 to John G. Sibley was known as Doct. Joseph S. Pell, a Surgeon in the Virginia State Navy during the War of the Revolution.
I Arthur Emmerson Clerk of Norfolk County Court in the State of Virginia, hereby certify that the within and above are true transcripts from the records of the said Court.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court this thirty first day of July in the year of our Lord One thousand eight hundred and forty nine and of our Independence the seventy fourth.
Arthur Emmerson C.C.

This is to certify that I was well acquainted with Major Spivy Wyatt late of the county of Norfolk, Virginia, who was a reputed Soldier of the Revolution. He was a gentleman of high standing and respectability, in whose word reliance could be placed, and I am perfectly satisfied that he would have made no statement that what was strictly true, and that any evidence which he has given in any case is entitled to as much credit as that given by any man in Norfolk County or else where. Witness my hand this 19 th day of Oct. 1849
John G. Walton
State of Virginia
Norfolk County To wit
This day John G. Walton a gentleman of high standing and Navy Store Keeper at the Gosport Navy Yard personally appeared before me a Justice of the peace for the county aforesaid and made oath that the above certificate contains the truth. Given under my hand and seal this 19 th day of Oct 1849
J. R. Mitchell J. P. (seal)

U.S.
This is to certify that I was well acquainted with Major Spivy Wyatt late of the county of Norfolk state of Virginia, who was a reputed soldier of the Revolution, he was a gentleman of high standing and respectability, in whom good reliance could be placed, and I am satisfied that any statement which he may have made, is strictly true, and that any evidence which he has given in any case, is entitled to credit. Given under my hand this 19 th Oct 1849
Chas A. Grice
State of Virginia
Norfolk County To wit
This day Charles A. Grice a gentleman of standing and respectability and Master Black Smith at the Norfolk Navy Yard personally appeared before me a justice of the peace for the county afore- said and made oath that the above certificate contains the truth. Given under my hand and seal this 19 th day of Oct: 1849
J. E. Wilson J. P. (Seal)

This is to certify that I was well acquainted with Major Spivey Wyatt late of the County of Norfolk who was a reputed Revolutionary Soldier. Major Wyatt was a gentleman of high standing and respectability, and in whose word reliance could be placed, and I am confident that he would have made no statement but what was strictly true. Witness my hand this 19 th day of Oct 1849.
Wm. G. Webb
State of Virginia Norfolk County To wit
This day William G. Webb, a gentleman of credit and respectability and a justice of the peace for the said County, personally appeared before me a justice of the peace for the County aforesaid and made oath that the above certificate contains the truth given under my hand & seal this 19 th day of Oct. 1849
J. B. Wilson D.P. (Q)

Washington D.C. August 2, 1877
22
Yours are just as I received them. I have no objection to the same being published in the public press. I have no objection to the same being published in the public press. I have no objection to the same being published in the public press.
James L. Edwards Esq. Commissioner of Pensions

Washington D.C. August 5. 1849
Sir
Enclosed are papers and evidence in relation to the claim of the heirs of Dr Joseph S. Pille who was a Surgeon in the State Navy of Virginia from July 1770 to the end of the Revolutionary War. This claim is provided for by the Act of 5 July 1832.
I have the Honor to be Respectfully
Yours sincerely A. Burgess
James L Edwards Esq. Commissioner of Pensions

Clerk Norfolk Co Va.
Certificate as to the heir of Dr. Jos. S. Pell.

At a court held for Norfolk County the 22 d March 1832 The court doth certify upon satisfactory evidence that Mary the wife of Thomas Miles Mary the wife of David Edwards Rebecca the wife of Isaiah Pope & Nicholas Pell are the only heirs at law of Doct. Joseph Pell deceased.
Cohy
Teste
Wm H Wilson
cc
Mary Wiley is dead.

I do hereby certify that I know Dr Joseph S. Pills as surgeon in the Virginia navy during the war of the Revolution. After the sinking of the Roanoke Valley (to which vessel he was attached) I knew him as doctor in the Navy waiting order, and I knew him as doctor in the Navy Stationed at Pig Point, on the mouth of Nansemond River, at which place he was, at the siege of York Town, after which time I don't know that I saw him as he went up into the country, Given under my hand this 27 th day of November 1849
Col Wright makes his mark in consequence of blindness State of Virginia Norfolk County To wit:
Stephen his X Wright mark
This day Col. Stephen Wright a gentleman of high standing and respectability and the oldest justice of the peace now in said County. Personally appeared before me Dempsey Nash a justice of the peace in and for the County aforesaid and made oath that the above certificate contains the truth. Given under my hand and seal this 27 th day of November 1849
Dempsey Nash J.P. (Seal)

State of Virginia. Norfolk County to wit:
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid hereby certify that Dempsey Nash J.P. who has given the within certificate is a Justice of the peace in and for the County aforesaid duly Commissioned and qualified to act as such according to the Constitution and Laws of this State.
Given under my hand and the seal of the said Court this twenty seventh day of November in the Year of our Lord One thousand eight hundred and fifty nine and of our Independence the seventy fourth.
Arthur Emmerson
C.C.
Stephen Wright 27 th Nov. 1849 Def.

Stephen Wright Dep.
13 th Dec. 1879

I hereby certify that some time during the Year 1780 my mother had some house hold furniture shipped from Petersburg to Norfolk, a portion of which were pictures, (two of said pictures I have in my possession at this time) The Vessel in which they were shipped ran on shore on Pig Point, I heard of it, I got my horse and rode down to Pig Point to see about the furniture, and I saw Dr Joseph S. Pell there at that time and and I saw him there two or three times after that as Dr. in the Navy attending the sick & I saw him there during the siege of York Town attending to the duties of Dr in the Navy Given under my hand 13 th Decr 1849 Stephen Wright his mark State of Virginia Norfolk County To wit
This day Col. Stephen Wright personally appeared before me a Justice of the peace for the county aforesaid and made oath that the above certificate contains the truth. Given under my hand and seal this 13 th day of December 1849
Dempsey Nash J.P. (Seal)

State of Virginia. Norfolk County to wit:
I Arthur Emerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid do hereby certify that Sampson Nash who has given the within certificate is a Justice of the peace in and for the County aforesaid duly Commissioned and qualified to act as such according to the Constitution and Laws of this State.
Given under my hand and the Seal of the said Court this 13 th day of December in the year of our Lord 1849 in the 74 th year of our Independence.
Arthur Emerson C.
Stephen Wright
Deh.
13 th Dec. 1849

20 Nov 1849
Letter from Secretary Ewing affirming decision of Com r Edwards rejecting claim.

Department of the Interior November, 20 th 1849.
Sir,
I herewith return the papers in the case of Dr Joseph S. Pell, and I have to inform you that your decision of the 30 th ulto, has been affirmed.
I am very respectfully Your obed t servant
J. Ewing Secretary
J. S. Edwards Esq d Caret of Pensions.

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia State Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 29 th day of October 1784 , in the name of Joseph Bell as Surgeon for £ 49. 16. 0 , which Certificate appears to have been delivered to himself and was given for services prior to the 1st January 1782.
{ No Seal of Office. }
Given under my hand at the Auditor's Office, Richmond, this
7 th day of May 18 49 .
J. E. Heath
AUDITOR.

✓ Rich d Buijse Dec 17. 1849
In the case of the claim of heirs of Dr. Jos. S. Bell for 1/2 pay &c - enclose deposition of Col. Stephen Wright, ex- planatory of his former deposition.
Mr. [unclear]

Washington DC December 17, 1849
Sir
I have the honor to enclose herewith a deposition of Colo Stephen Wright of Norfolk Va explanatory of his former deposition in the Case of Dr Joseph S. Pell whose heirs claim had pay under the Act of 5 July 1832. The papers in the Case being now in your office on my appeal from the decision of the Commissioner of Pensions.
I have the honor to be Most Respectfully R D Thompson
Honble Thos. Ewing Secy of the Interior —

Letter to Sibley 9 June 1852 stating that copies would be sent him as soon as possible.
86
Portsmouth Va
June 5 th 1852
John G. Sibley
asks for a return of the papers in the Half-pay Case of Dr. Jos. S. Pell or for copies of the same.
Refers to the Comr of Pensions who will furnish Mr Sibley with certified copies of the papers desired
Dept. Int. 3 June 8/52 3
Secretary
June 7. 1852

Portsmouth Va 3 rd June 1852
Hon Secretary of the Interior - 3
Sir
I understand, that it is a rule of your department, that any papers filed in said department (even if acted upon and rejected) if called for by proper authority within five years, may be withdrawn. I as administrator of Dr Joseph S. Pell, filed in the Pension office a claim for half pay for the services of said Pell, as surgeon in the Va Navy during the Revolutionary war, and said case was acted upon by Commissioner Edwards and rejected. Mr Ellis my agent in Washington prop d Mr Heath, the present Com d . to reexamine the case, which he refused to do, (it having been acted upon by his predecessor) I then called on him for the papers & evidence filed in the case, and he refused to deliver them. The case was acted upon by Mr Com d . Edwards, in the spring of the year 1850. Sir Will you please do me the favour to cause the papers in the case to be forwarded to me, as it is important for me to have them as soon as practicable. I intend to bring a suit against the State of Virginia, as I know the claim to be a just one.
I am Sir
Very Respectfully
Your O bt S er
John G. Sibley
PS If the original papers cannot be sent please cause a copy of them to be made & sent as soon as practicable JGS.

Portsmouth Va may 18 th 1852
V. Ellis Esq
Dear Sir
I was about to bring a suit against the State of Virginia at the time Mr Seagar informed me that he had information sufficient to get the claim allowed before the Commissioners. You will please therefore withdraw the papers filed in the cause and send them to me as early as practicable with your advice and who I had better employ as a lawyer to attend to it and by so doing You will much oblige me
Very Respectfully Yours Obedt Servt Thos G. Sibley adw of Dr. S. Bell

25 May 1852
let from J G Sibley in relation Whalf- hay case of Dr Jos: S Pills

Portsmouth Va 23 rd May 1852
W m H Skatt Esq
Sir
I rec d , a few days ago, enclosed to me by Mr V. Ellis Your letter to him, in reference to the half pay claim of Dr J. S. Bell, and I find that you refuse to reconsider it, because Com d Edwards rejected it &c. Will you please therefore enclose to me all the papers filed in the case Your compliance
will very much oblige
Respectfully
J. G. Sibley
Adm d of Dr J. S. Bell

Copy of letter from Com r to V Ellis Esq r of date 8 May 1852, refusing to re-examine claim de
Before copying this letter compare it with the original attached.

Pension Office 8 May 1852
Vespasian Ellis Esqr,
Sir
3
Your letter of the 7 th inst asking a re-examination of the claim of the administrator of Doctor Joseph S Pell of the V a Navy under the act of 5 July 1832, has been received. This claim has frequently been before this Office & has been  was several times rejected by the Commissioner Edwards because the evidence was not deemed sufficient to justify its admission. An appeal being taken, the decision of the Commissioner was affirmed by Secretary Ewing on the 3 rd of April 1850. Under these circumstances the claim cannot be re-examined without an express direction from the Secretary of the Interior. It is proper to add my own opinion that the claim is wholly unsupported by sufficient evidence to warrant its allowance.
Very respectfully,
Yr ob t serv t
H. Keath
Com r Pensions

7 May 1852
Letter from V Ellis Esq r asking a re-examination of Dr Pello's claim for half pay.

Washington 7 May 1852
To the Comr. of Pensions
Sir,
I would respectfully ask a reexamination of the claim of the widow of Dr Joseph J. Bell of the Navy under act 5 July 1832.
Your obedt Servt
William Ellis

Washington Jan 14. 1850.
At the request of Mr. John G. Sibley I state that I have been acquainted with Col. Stephen Wright of the city of Norfolk for many years. that he is one of the oldest & most respectable inhabitants of that city, & that entire confidence may be placed in his statements as a witness in regard to any transaction or matter upon which he may offer his testimony.
John S. Millson

W.78
Potomac Vd
Jany 27/57
Thomas Scott.
In relation to the claim of the heirs of Joseph L. Bell dec. a surgeon in the army of the Revolution -
Jany 31/57
W. Evans
ack'd Ref to the comr of Pen- sions for an answer Dept Int. S Jany 30/57

Portsmouth Va. Jan 27 th 1858
Hon. Sir
I take the liberty of addressing you some few lines, and I hope you will confer upon me the honor of giving them your serious attention, as the subject in which I am about to bring before your notice, is one of much importance to myself as well as others who are interested, and in consideration of my being a Virginian, and also one of the descendents of those who fought with a Washington at the siege of York. I hope you will give me all the information in the case which I shall now write you; we who are the heirs of Dr Joseph S Bell, have been contending for a number of years for half pay, from the war up to the time of his death, for and in consideration of his services rendered therein; I mean Sir the Revolutionary war when the Fathers of our Country achieved a victory which will ever be impressed upon the hearts of their sons and daughters. In the case of Dr Bell, testimony has been filed, given by one of the most respectable citizens of Norfolk who has with him a considerable portion of his time while he was in the discharge of his respective duties. This you will find by referring to the affidavit of Col Wright given but a short time before the removal.

of Mr Hewan; and I would state that - The information given by our Agent - Mr Sibley, that Mr Hewan with some of the Clerks of the department had spoken in very favorable terms of this claim, and the evidence given in its behalf but in consequence of some heavy press of business in the departments at that time Dr Bell's case could not be attended to; This is the information I have read you will find by referring to the affidavits of Col Wright given at two three different times, that the evidence given is positive and circumstantial, and every thing that can be required; The Land Warrant has been obtained probably some sixteen years ago through the evidence of Major Wyatt, Mr Murchough was at that time prosecuting this claim, we presented to him at that time the names of some fifteen individuals who could testify to the services of Dr Bell to the end of the war but - Mr Murchough said it was not necessary to require so many as what he had already read was sufficient; I merely suggest this to show you what could have been done more if not for reasons above mentioned. I beg of you to attend to this matter and let me hear from you and by so doing you will much oblige me
To the Hon. A. H. Stuart - Secretary of the Interior.
I am with great Respect your Obedient Servant
Thos. Scott

3 April 1850
Letter from Secretary Ewing affirming decision of Comm n Edwards rejecting claim.

(copy)
Department of the Interior April 3 d 1850.
Sir, I herewith return the papers in the case of Dr Joseph S. Bell deceased, of Virginia State Navy, during the war of the Revolution and I have to inform you that your decision has been affirmed.
I am Very respectfully Your Ob t Serv t . Signed J. C. Ewing, Secretary.
J. L. Edwards, Esq Comm r of Pensions.

Wm. Holland Hall
July 15, 1841
O.C.

Pension Office 152.
Feb. 15. 1841
Sir,
I herewith return the papers in the case of the late Dr. Joseph S. Pell, which you sent to this Office a few days since. The claim is for the half-pay allowed by the act of the 5 th of July 1832. It has not been allowed, because the evidence as to his having served to the end of the war is not satisfactory. An appeal was taken from the decision in this Office; and the Secretary of War fully concurred with me in opinion as to the insufficiency of the proof. It appears from a list of the officers of the Virginia land and naval forces that Joseph Pell, (not Joseph S. Pell) received a certificate for the balance of his full pay on the 29 th October 1787, amounting to $49.16 £49.16, Virginia currency. This is all the information we have on the subject as to pay received by him.
Hon. Hiland Hall House of Rep
Enter this. See Book act 5 July 1832

Pension Office. 250. March 26. 1841.
Sir,
In consequence of the enclosed letter from Mr. Murdaugh, I make the following Report in the case of the heirs of the late Dr. Joseph S. Fell, who was a Surgeon in the Virginia State Navy, during the Revolutionary War.
This claim is for half pay under the act of Congress of the 5 th July 1832, entitled "an act for liquidating and paying certain claims of the State of Virginia," and in order to entitle the heirs to the pay claimed, it must be clearly shown that Dr. Fell served after the Session of the Virginia Legislature, in May 1780. The following described proof, which has been filed here, is not sufficient to establish the claim, and I have decided. From this decision, Mr. Murdaugh appeals. The affidavit of S. Wyatt is discredited by the records. The affiant alleges that "Dr. Fell was Surgeon on board of the State vessel commanded by Capt. Wright Hott- -cott in the Virginia State Navy, from the year 1777 or 1778, until the end of the war." The records show that Dr. Fell was Surgeon on board of the Revenge Galley, commanded

by Captain Westcott in the year 1776 and 1777, and that the Revenge was sunk before the 29 th of May 1778. They also shew that Capt. Westcott, after the Sinking of the Revenge, was in command of another vessel called the Henry, of which Dr. Swope was the Surgeon, and not Dr. Fell.
The affidavit of John Marshall is not more satisfactory. He swears that he knew Dr. Fell was a Surgeon on board of a vessel of the State Navy in 1777 or 1778, when she was lost; and that he afterwards attended the sick men of a militia Company on Fig Point, and afterwards, in the year 1779, as he believes, was Surgeon of Captain Willis Wilson's vessel, and then was transferred to some other vessel, and continued to act as Surgeon "in first one vessel and then another until after Cornwallis's surrender" &c. In an affidavit by this same John Marshall, made in 1832, he swore positively, that he did not know how long Dr. Fell served.
Leviel Hays, another witness in this case, swears that Dr. Fell was in the State

Navys, but does not know how long he served.
The affidavit of Thomas Scott is also produced. He was born after the war ended, and of course he could have had no personal knowledge of Fell's service; but he says that he heard his father say, that Fell served to the end of the war. Such evidence is inadmissible.
Mrs. Abiah Red's affidavit is equally objectionable. She could have had no very particular knowledge of his service. She says, that Fell was with the American Army, but with what particular part of it she does not state. We have no evidence whatever that a Surgeon of the State Navy, was ever ordered to do duty with the Army. But if the fact were so, her statement could not be received as evidence, as it is entirely too indefinite.
It appears that the State of Virginia granted land to the heirs of Dr. Fell for services to the end of the war; but we never consider the allowance of bounty land by the State, sufficient evidence to act on, as

land has been frequently granted by the Executive of Virginia on evidence which would not be deemed satisfactory in this Office.
As the question for your decision is more whether the evidence is sufficient it will be proper that the papers should be the papers, 25 in number, Submitted to you for examination. I accordingly enclose them, 25 in no. are herewith enclosed. A return of them is re- quested.
I have the honor to be,
Very Respectfully
Your Obt. Servt:
W. H. Seward
March 26. 1861.
Q.
Hon: John N. Bell. Secretary of War.

Wm. J. C. ... planca
Feb 25. 1842
care of Dr. J. S. Pell's heirs,
✓

Pension Office Feb 2 nd . 1842
Sir,
In consequence of the enclosed letter from Mr. Murdaugh, addressed to the President of the United States, I make the following Report in the case of the heirs of the late Dr Joseph S. Pell, who was a Surgeon in the Virginia State Navy, during the Revolutionary war.
This claim is for half pay under the Act of Congress of the 5 th July 1832, entitled "An act for liquidating and paying certain claims of the State of Virginia," and in order to entitle the heirs to the pay claimed, it must be clearly shewn that Dr Pell served after the Session of the Virginia Legislature in May 1780. The following described proof, which has been filed here, is not sufficient to establish the claim, and I have so decided. From this decision Mr. Murdaugh appeals. The affidavit of S. Wyatt is discredited by the records. The affiant alleges that "Dr. Pell was Surgeon on board of the State Vessel commanded by Capt. Wright Westcott in the Virginia State Navy, from the Year 1777 or 1778, until the end of the war".
The records shew that Dr Pell was Surgeon on board

of the Revenge Galley, commanded by Captain Westcott in the year 1776 and 1777, and that the Revenge was sunk before the 29 th of May 1778. They also shew that Captain Westcott after the sinking of the Revenge, was in command of another vessel called the Henry, of which Dr Swope was the Surgeon, and not Dr Pell.
The affidavit of John Marshall is not more satisfactory. He swears that he knew Dr Pell was a Surgeon on board of a vessel of the State Navy in 1777 or 1778, when she was lost; and that he afterwards attended the sick men of a Militia Company on Pig Point, and afterwards, in the year 1779 as he believes, was Surgeon of Captain Willis Wilson's vessel, and then was transferred to some other vessel, and continued to act as Surgeon "in first one vessel and then another until after Cornwallis' surrender" &c. In an affidavit by this same John Marshall, made in 1832 he swore positively that he did not know how long Dr Pell served.
Samuel Hays, another witness in this case, swears that Dr Pell was in the State Navy, but does not know how long he served.
The affidavit of Thomas Scott is also produced. He was born after the war ended, and of course he could have had no personal knowledge of Pell's service; but he says that he heard his father say, that Pell served to the end of the war. Such evidence is inadmissible.
M c Abiah Red's affidavit is equally objectionable. The

could have had no very particular knowledge of his service. She says that Pell was with the American Army, but with what particular part of it she does not state. We have no evidence whatever that a Surgeon of the State Navy, was ever ordered to do duty with the Army. But if the fact were so, her statement could not be received as evidence, as it is entirely too indefinite.
It appears that the State of Virginia granted land to the heirs of Dr. Pell for services to the end of the war; but we never consider the allowance of bounty land by the State, sufficient evidence to act on, as land has been frequently granted by the Executive of Virginia on evidence which would not be deemed satisfactory in this Office.
As the question for your decision is merely whether the evidence is sufficient, it will be proper that the papers, should be submitted to you for examination. I accordingly enclose them 15 in number. A return of them is requested.
I have the honor
Rev. J. C. Spencer
Gen. John C. Spencer Secretary of War

Prof. Briley
James L. Edwards Esq.
Comptroller Aug 26/61
Commissioner of Pensions Washington

83 Portsmouth Va Feby 10/57 John G. Sibley
wants copies of all the papers filed at the Dept Int. Rel. in the case of Dr. Joseph Bell.
Erasmus
Secretary of the Interior Washington 26.
Rev: Mr. H. Stewart PORTSMOUTH VA FEB 11 1857
ackd Ltr to Comr of Pensions Sept 20/57 Feby 13/57

Portsmouth Virginia 10 th February 1831
The Secretary of the Interior - 3
Will please cause a duplicate of all the evidence filed in his Office or in the Pension office or in both in the case of Dr Joseph S. Bell for half pay to be made and forwarded to me, as early as practicable.
Respectfully
John G. Sibley Administrator de Bonis non of Doctor Joseph S. Bell decd.

Mr. Thos. Scott
Aug. 26, 1873

Pension Office 390 Aug. 26, 1853.
Sir,
In answer to your letter of the 24 th inst. desiring to learn whether the half-pay claim of the heirs of Col. S. Pell dec d has been allowed, I reply that the claim has been rejected by a long series of uniform decisions, the last of which was that of Mr. Ewing, Secretary of the Interior, made on the 3 rd of April 1850 affirming the decision of Court s Edwards, which was adverse to the claim. Subsequently, a request was made by Vespasian Ellis Esq. that the case should be reexamined, which was refused by Court s Heath, on the 8 th May, 1852, and copies of the papers appear to have been forwarded to John S. Libley Esq.
Mr. Thomas Scott Portsmouth Va.

Pension Office Aug 15. 1843
Sir,
Your letter of the 11 th . inst has been received. We have no objection to any one copying the papers of Dr. Joseph S. Pell, decd
James Mundaugh, Esq Portsmouth Va

J. Munday Aug 7, 1843
7

105 Pleasant Office,
Aug 7. 1843.
Sir,
In reply to your letter of the 2 o inst. I have to inform you, that the pressure of business in this office, such that we cannot spare time to copy the papers, in the case of Dr. Joseph S. Pell, dec d .
James Mendenhall, Esq. Pottsylvania Pa
Sent 5 July 1832

The Scott July 13. 1843

198 In Pennon Office, July 13. 1843.
Sir, In answer to your letter of the 11 th . inst. I have to inform you that it cannot be determined whether copies of the papers in support of the claim of the heirs of Joseph S. Pell dec d can be furnished, unless the object for which they are wanted be made known. Certi- fied copies of the papers in this case were sent to J. W. Mundough, dec d on the 10 th of July 1838.
Thomas Scott, Esq. Portsmouth, Va.
5 July 1832 later letter

J. W. Murdough, July 10. 1838, O-6.

War Dept
Quartermaster's office
July 10. 1838.
Sir,
In compliance with your request I enclose herewith, certified copies of certain papers on file in the case of Dr. Joseph S. Pell, decd.
J. W. Murdough, Esq. Portsmo. Va.

Isaiah Foke
April 18 1839
06

War Dept Pension Office April 18-1839
Sir, Your letter of the 12 th . inst. to the Secretary of the Treasury has been referred to this Office. In reply I have to inform you that the claim of the heirs of Dr. Joseph S. Pell, dec d , under the act of July 5-1832, has not been admitted, on account of the want of satisfactory proof.
Mr. Isaiah Pope, Portsmouth Va.

J.W. Murdaugh, Esq. April 16, 1841
Q.E.

Pension Office 88.
April 16. 1841
Sir,
The Secretary of War has made the following endorsement on the papers in relation to the claim of the heirs of the late Dr. Joseph S. Pell:
"I have carefully read and considered the documentary and other evidence filed in this case, and can see no sufficient reason for changing the decision which has heretofore been made rejecting the claim."
The claim cannot of course be I am
J. W. Murdaugh, Esq. Norfolk Va.
Enter this. See Book act 5 July 1832

B
117
Copy of extracts from the proceedings of the Navy Board of Va. relative to Doct S. Pell
Doct J. S. Pell Navy — Harpers

B
Copy of extracts from the proceedings of the Navy Board of Va. relative to Doct S. Pell
Doct S. P. Pell Navy — Hall

Monday the 29 th day of July 1776.
Present Mr Whiting Mr Hutchings Mr Travis and Mr Webb.
This Board doth recommend Joseph S Pell to Capt John Calvert of the Revenge Galley, as a person fitly qualified to act as Surgeon, on board his said Galley
page 24
Tuesday the 13 th day of August 1776
Present Mr Whiting Mr Travis and Mr Webb.
Ordered that a Warrant issue to Doct Simon Pell for Eight pounds ten shillings for Medicine furnished for the use of the Revenge Galley Capt Calvert.
page 25
Monday 2 nd December 1776.
Present Mr Hutchings Mr Travis, & Mr Newton.
Ordered that a Warrant issue to Capt John Calvert for the use of Doctor Joseph Simon Pell for fifty pounds, on account for his wages on board the Norfolk Revenge Galley. —
page 26
Tuesday 8 th April 1777.
Present Mr Whiting, Mr Travis, and Mr Archer
Ordered that Doctor McClung deliver to Doctor Pell such medicines as he may judge necessary for the Norfolk Revenge Galley. —
page 203
Wednesday 3 rd day of December 1777
Present Mr Hutchings and Mr Archer. —
Ordered that Doct McClung deliver to Doct Joseph Simon Pell such medicines as may be necessary for the use of the people on board the Norfolk Revenge Galley.
page 227 Auditor's Office Nov r 1 st 1833. — The above are extracted from the Journal of the Navy Board in this Office.
J. E. Heath and

Jos. S. Pell
Copy taken.
That is
3 to 4 and 3/4 - 7 1/2 to 8 and 1/2

Pension Office June 30 th /838
Mr Munday presents his respects to Mr Edwards and desires Mr E to transmit to Mr M at Portsmouth a copy of each  or  copies of the several affidavits filed in the case of Dr Pell - except the affidavits of Marshalls Hays & Wyatt which can be procured in Rich- mond - Mr M intends to institute suit vs Virginia for the Half Pay - copies of Red & Scott's affidavits

Revolutionary Claims FILED
The Secretary of the Treasury Washington D.C. No 182.
Treasury Department Aug 12. 1836 Respectfully refund to the Secretary of War
Aug 12, 1836 Pension Office J. S. Pat Aug 1832
M. 192 Aug 12 Respectfully

Treasury Department Aug 12. 1836 Respectfully refund to the Secretary of War
L305
Aug 12, 1836 Pension Office
Mr. S. Pell 5 July 1832
M. 192 Aug 12 B. G. [initials]
Respectfully the Secretary of the Treasury Washington D.C. No 182

Portsmouth Va Augt. 9 th 1836
Sir I herewith inclose a Certificate of the acting Auditor (Mr Heath being absent from Richmond) showing that Doct r . Pell was a Surgeon in the Va a State Navy & that no evidence exists on the Records of the Auditor's Office, to show that Dr Pell ever resigned or was dismissed from the service - I presented the Claim of Dr Pell's heirs for half pay, about two years, and it was not allowed because of a want of evidence to show positively his service to 1781 or the end of the war - although

(With all due deference) I am certain that no case could be stronger sustained by evidence than is this claim - The affidavit of Maj: S Wyatt (who was a pensioner under the Act of 1832) a very respectable & intelligent gentleman who was intimately acquainted with Dr Bell - proves that Bell continued in service after the loss of the ship Revenge in May 1778 & until the end of the war - In my opinion nothing could be stronger - I do not know what is the rule of the Department, but I am inclined to believe that under any It has decided that if the Officer is incontestably shown to have been an Officer & continued in service for a period

partially established by Recorded testimony & there being no evidence or reason to believe that he ever resigned or was discharged - in such cases I be- -lieve the Dept. has allowed the claim - but this claim rests upon more pro- -vid grounds - Maj. Wyatt's testimony is worthy of the most implicit confi- -dence & he proves all that the Dept. can require - I therefore beg to have the claim re- -examined without any prejudice because of a former disallowance & I hope it will be allowed  I am very respectfully to the Hon. Secy of War J. M. Murchison
Refused
W.P.

1305
Auditor's office Richmond Va. Aug 9. 1836
Leat. Rep. Dr. J. S. Pell. No evidence of dismissal or resignation.
9

I hereby certify that it does not appear from the Records and documents filed, in this Office concerning the State Navy of the Revolution, that Doctor Joseph S Bell, who was a Surgeon in said Navy, ever resigned, or was dismissed therefrom.
Given under my hand at the Auditor's Office Richmond. This 9 th day of August 1836.
A. M. Morton acting Auditor

St. Jos. Simon Pille
Surgeon S. Mary's
Ex D 998R

Dr Jo. S. Pell was a Surgeon in the Virg a State Navy from July 1776 to the end of the war, & is entitled to Land Bounty for 7 years & 4 months services March 15 th 1834 J. W. M c
Sts of Joseph Simon Pell - Surg a State Navy
This officer was in service as surgeon on board the Norfolk Revenge Galley from the last day of July 1776 to the 3 d day of Dec r 1777 (There was evidence accompanying a former Petition, which has been mislaid, of his service down to the time of the loss of the Norfolk Revenge Galley which I believe was May 1778). There is no proof of his having resigned - A credible witness states, that he was surgeon in service with Capt. Westcott, until the end of the war - Captain Westcott was in service to the end of the war.
The above state of facts is respectfully reported to your Excellency. John S. Smith Com d &c
To his Excellency The Governor
March 17 th 1834
Executive Department
Richmond 18 Mch 1834
The foregoing is a true copy of the Application filed in this Department upon which Land Bounty was granted to the Rev. Joseph Pell
W. B. Richardson Secy Com d

182.
Joseph L. Pills
Re. '25 March 1834.
not Allowed at 59.
The Secretary of the Treasury.
From Washington
See letter Aug 22 1835 to J.W. Murday

Va. Doc. N o 31. P. 12.
He was some time in service as a surgeon in the Ar. but does not appear to have been in service enough to entitle him to honor ary lands.
The evidence not sufficient. write to you.

Rec d 25 March 1834.
715.
Portsmouth fa
March the 2 nd 1834
Sir
I herewith transmit the application of the heirs of Dr Jos: S. Pell for his half Pay as a Surgeon in the King's State Navy who served to the end of the war - I shall be in Washington on the 25 th Inst: & shall be glad if the claim can be examined into & passed upon by that day -
I have the honor To be with the highest respect
Ag t Off: Secy
M c Murdaugh

J. M. M c andough
Francis A. Dickinson Esq.
Commissioner Rev. Claims Treasury Dept. Washington D.C.

Recd Sept 1834 Portsmouth 8 a Sept. 1. 1834 870
The Hon. Levi Woodbury
Sir
Your communication of the 3 d of July in answer to mine of the 1 st of that month came duly to hand — I am fully aware of the unwillingness of one Secretary to revise & reverse the decision of his predecessor, even upon evidence subsequently adduced — Had your immediate predecessor continued in office until the evidence transmitted to your Department by me on the 1 st of July, reached there, I feel confident that his former decision disallowing Dr. Pell's claim would have been reversed — The evidence in question was

a Certificate of the Executive of this State that Doct. Pell was entitled to land bounty for services as a Surgeon in the State Navy from July 1776 to the end of the war, & upon that Certificate a land warrant issued for more than seven years service - It seems to me that this evidence alone is suffici- -ent to establish the claim - The usual comity of one Government towards the official acts of another government ought to have passed the claim upon the mere certificate of the proper authorities of this State that the claimant had ren- -dered service that entitled him - I am aware of the fact that a doubt has been created as to the justice of the claim by the affidavit of Maj. Wyatt who stated that Pell

serv'd with Capt Westcott to the end of the war - When by the records it appears that in 1778 Dr Swope was Capt Westcott's surgeon - It does not however appear how long Dr Swope was surgeon for Westcott's - Dr Swope continued in service to Nov. 1781 see his H. Smith printed Report P 28 - where Swope recd: leave for service from 1778 to 1781 - Now there is nothing in the records to create even a presumption against the correctness of Maj. Wyatt's testimony - for Dr Swope might have been temporary - only the surgeon for Westcott in the absence of Pell who was had leave of absence because of his marriage which took place in the summer of 1778 as appears by the evidence on file - and moreover

Doct: I hope service terminated in 1781 & Capt Westcott continued in service until 1783 & has recd: his half Pay - May Wyatt testifying that Pell was with Westcott to the end of the war - I hope certainly was not in service after Nov 1781 - Who was Westcott's prisoner from Nov 1781 to the end of the war - It is clearly shown that Pell was, or there must have been none - I respectfully request that you will in justice to the rights of the claimants reconsider the claim without the prejudice of its dis- allowance by your predecessor - and I hope you will be satisfied that the claim is just & could be enforced against the State of Virg a in court of law - but to save the State of Virg a the costs & payments of these claims, was the object of the act of July 1832 I have the honor to be J M M c Intyre

Rec d 3 July 1834
816.
Portsmouth July 1. 1834
Francis A. Dickinson Esq
Sir
I recd: the letter of the Secre- -tary of the Treasury of the 3 d of May last announcing the insufficiency of the evidence to allow Dr Pillsbury to Half Pay — In that letter the Secre- etary says that Capt Westcott after the loss of the Revenge was assigned to the command of the Henry , of which Doct: Mo: Slope was the Surgeon, & not Dr Pell — Upon examination of Docu- ment No 1 prepared by Mo H. Smith

Printed by order of the House of Delegates at the last Session, at Page 28 you will find that Dr Turpe is there reported to have served from 1776 to Nov 1781 , when I suppose he must have resigned & Dr Pell must have succeeded him and continued to the end of the war. I herewith transmit a copy of the Certificate of allowance of laid bounty to Dr Pell which covers a service from June 1776 to the end of the war, & a warrant for the seventh year service has been granted to him - I shall be glad to have the claim reconsidered, believing that the reference to the termination of -

Dr Suspe's service (in 1781) & that the accom- panying copy of the Certificate of Land Court will supply the deficiency of testimony in the case — If the claim shall be allowed upon reconsideration I will thank you to send me a draft for the amount on the Pet Bank at Norfolk — I have addressed this letter to you instead of the Secretary — There are so many mutations, marches & countermarches, in & through & across the several departments, that I can- not, for the life of me, recollect whe- ther there is such an officer as Secre- tary of the Treasury — I suppose however there

will be one when the Hero of two wars shall have recovered from the shock of Mr. Taneys rejection
I am very respectfully Yrs: Ob: Sect: D
J. M. Mundaugh
Francis A. Dickinson Esq.
Commissy Pres: Clancy Revenue Dept: St Washington D.C.

Copy Secretary of War to the President
See Pres. Bk 4 p 101

A. I am not justified in re-opening it. The inevitable consequence would be to throw upon  throw upon the Department of the re-examination of thousands of claims under the different Pension and Half pay acts, which have been for years finally disposed of and in the decision of which the parties have acquiesced.
Mr. Woodhull's letter can not be considered an appeal to the President, because the acts of Congress authorizing the payment of these claims for Half pay, confer no authority in the matter on the President, but place the whole subject under the charge of the Secretary of War, requiring him "to adjust and settle them" See acts of July 5. 1832 and March 3. 1835. They come directly within the principle settled by the President in the case of Clements, Bryan & Co and promulgated in his directions to the different departments in October last.
Since that the President may see the grounds of the original decision in this case, I submit the following information derived from the Commissioners of Pensions.

Rec'd May 1834
1105
And Office 1834
745.
29. April 1834.
Sir
I have duly received your letter of the 21. st inst.
The enclosed extracts from the Revolu- tionary archives in this office, will show that Dr. Swope was surgeon of the Henry Gallery when commanded by Capt Westcott.
I am very respectfully your obedient servant Jas R. Heath
The Hon R. B. Taney

Reg. of the Land Office Richmond, Va.
July 1. 1834
evidence of land warrant having been issued to the heir of Dr. J. S. Bell
D

Executive Department
Redmond Mar 22 1834
The Heirs of Joseph S Bell are all owed Land bounty for his services as a Surgeon in the United States Navy from July 1796 to the end of the war
The Register will issue also an act accordingly if not heretofore done
John H Lloyd
attest
John B Richardson
on 27 June 1834 a military loan act No 7998 for 7045 acres issued to the Heirs of Lieut Joseph S Bell. Copied from the records of the Land Office of Virginia Trenton
W President off V G 1 July 1834

I Certify that I knew John Lyon who was Surgeon Mate in the Revolutionary War under Doct Joseph S. Potts, he was in the Row Gally Commanded by Wright Witcomb in the year 1777 he was in Hampton in the Hospital in the year 1780 and he was in Service in the year 1781 I knew him to be in service for upward of three years in succession & further I cannot say as Witcomb My hand & seal this the 18 th April in the year 1833 Jeremiah T. Clark Seal John H. Locke Mark
(Norfolk County to wit) This day Jeremiah T. Clark an old Man Known to me as a Creditable Witness and in whose statements full faith and credit can be given personally appeared before me a justice of the peace in and for the aforesaid County & made oath according to law to the truth of the above statements Given under my hand and seal this the 18 th April in the year 1833
Wm Locke JP Seal Executive Department Oct 17 1834
The foregoing is a true Copy of an original Paper on file in this Department A. B. Richardson Asst. Secy Comm. ce

Doctor Joseph Simon Pell was appointed a surgeon in the Virginia State Navy on the 29 th of July 1776, & served on board of the Row Galley, "Norfolk Revenge," commanded by Capt. John Calvert up to the date of his (Calvert's) resignation in 1777, when the command was given to Capt. Wright Westcott who continued in that vessel until she was sunk in May 1781, at the time of Leslie's invasion of Virginia - By the testimony of Marshall, Hays & Wyatt - Dr Pell was under Capt Westcott to May 1778, when the Revenge was lost & that he continued with Westcott to the close of the war - Capt Westcott is reported to have served to the end of the war & has drawn his "Half Pay" - By the act of Nov 1781 - see 10 Hening P 449 & 450 all surgeons paymasters & chaplains &

all other Staff Officers of the Navy are dismissed - when the Revenge was sunk -
Copy of Wyatt's testimony - Richmond
Copy of Dr. Bell's will
Admon to one of his heirs
Proof of Dr. Bell's death & certify
over the loss of Dr. P. - Dr. Bell
having died -
Memorandum

Doctor Joseph I. Pell was the Surgeon of the State Vessel the Revenge - An extract from the Navy Acct. herewith filed shows that Dr Pell was Surgeon of that Vessel & that a warrant issued to him on the 13 th of August 1776 for £8.10. to buy medicines. In the old Navy Journal (to be found in the Auditor's office) under date of the 8 th of April 1777, it is ordered that Dr M c Clung deliver to Dr Pell medicines for the use of the Revenge.
The deposition of Samuel Hays Esq. a respectable man, proves that Dr Pell was the Surgeon of the Revenge & that Pell married a Miss Bunn in Nansemond County whilst he was in service, which marriage took place in the middle of May 1778 (See Certificate of the Clerk of Nansemond). Mr Hays further proves that Dr Pell was in service at the time the Revenge was sunk by the enemy, upon the invasion of Gen. Leslie, which is stated in Marshalls Life of Washington (Volume 4 th page 328) to have been on the 25 th of October 1780, & that Gen. Leslie took possession of the Country from Portsmouth to Suffolk. The affidavit of Mr Hays is corroborated by that of Mr Marshall who proves that the Revenge was sunk in Nansemond river, & that at the time Dr Pell was the Surgeon & Dr John Lyon was the Surgeon Mate - which he represents to have been at the time the Enemy were at Portsmouth - General Leslie took possession of Portsmouth October 25 th 1780 & soon after abandoned it - and on the 30 th of Dec r 1780 Gen. Arnold took possession of Portsmouth & established himself there the 20 th of Jany 1781.
Mr Marshall proves also that Dr Lyon was the Surgeon Mate - In the Navy Journal under date of the 3 rd of September 1778, Dr Lyon is there mentioned as the Surgeon Mate - and also in the Accounts of the Committee of Safety under date of the 6 th of May 1778 -
Dr Pell & Dr Lyon both received certificates of depreciated pay.
The evidence in this case is that Dr Pell was in service from the 13 th of August 1776 to

2 the time the Revenge was sunk, which must have been in the winter of 1780-81 — Captain Wright Westcott who was Commander of the Revenge is reported by the Board of officers to have served to the end of the war — Dr Pell died many years ago, leaving several daughters & a son who reside in the neighbourhood of Portsmouth.
Richmond April 11 th 1832
J. W. Murdaugh for the heirs.
See 1 st vol Navy Register (found by Smith) under date Nov: 3. 1777.
See Navy Journal of 1777 in the Adm: Off: under date of the 8 th April 1777.
See Deposition of Samuel Hays — that Pell was on board of the Revenge when sunk in 1781.
See Deposition of John Marshalls to the same effect.
See Deposition of Majr S. Wynto a gentleman of great respectability & of a strong mind, who says that Pell was in service during the whole of the war with Capt Westcott who is reported by the Board of Officers of 1784 as entitled to Half pay.
Dr Jos. S. Pell was a Surgeon in the Virginia State Navy from July 1776 to the end of the war. Is entitled to Land bounty for 7 years & 4 months services — March 15 th 1834.
J. W. Mur. 1  1.
Pell appointed Surgeon July 26. 1776 — his name appears last on the 3 rd of Dec: 1777 — The Norfolk Revenge was sunk May 29 th 1778 — Capt. Westcott then appointed to command Henry Galley —
Write to Dep: that no evidence of Pell's resignation or dismissal appears — Certif. to that effect

H rs of Joseph Simon Pell - Surg r State Navy
This officer was in service as Surgeon, on Board the Norfolk Revenge Galley from the last of July 1776 to the 3 rd day of Dec r 1777 - (there was evidence accompanying a former petition, which has been mislaid, of his service down to the time of the loss of the Norfolk Revenge Galley, which I believe was May 1778) - There is no proof of his having resigned. A credible witness states - that he was surgeon in service with Captain Westcott, until the end of the war. Captain Westcott was in service to the end of the war.
The above state of facts is respectfully reported to your excellency. John H Smith Com te
To his Excellency the Governor
March 17 th 1834
Tuesday 8 th April 1777 Navy Journal of '77 . [These under-scored words are in the original written in pencil]
Or d That Doct r M c Clurg deliver to Doct r Pell such medicines as he may think necessary for the use of the Norfolk Revenge Galley -
Extract from the Petition of Preston Bowden &c.
That they were owners of the brig Norfolk at the time when the Galley Norfolk Revenge was sunk in James river, the Commander of the said Galley made application to the petitioners for the use of the said brig or for folk to raise the Galley & had her 25 days, that the said brig received considerable injury S c . S c . for which the petitioners pray a remuneration -
This petition corroborates the evidence of J. Hays Esq. & Mr. Marshall - It will be found in the Petitions to the General Assembly of 1791.
J.W. Murdaugh
[Endorsed in pencil on the proceeding]
Mr. Hays & Mr. Marshall in their affidavits states that the Revenge was sunk at the mouth of Nansemond

4.  river This petition says, in James River. The mouths of Nansemond & James rivers adjoin, & both empty into Hampton Roads. J.W.M.
Nans o Office 6 th January 1832
Dear Sir,
The register of marriages, at the time you mention, were not returned to the office, neither were any record made of marriages of that date, but I find Joseph S. Bell's marriage license bond, with John Penn his security, (to Mary Mary Penn) which is dated the 12 th of May 1778. I see the will of George Penn (the father of Mary Penn) which is dated the 16 th August 1778, and recorded 14 th December in the same year, in which he appoints Mourning Penn executrix and W m Cowper exor, who took upon themselves the burden of the execution thereof, on the said 14 th Dec. 1778. If you should want copies of the above, you can get them by ordering the same.
I remain Mr. ob.
John Thompson Kilby
By James P. Griffin
[No address]
1776 Dr J s Simon Bell
Cr.
   Aug 13 35 Warrant on the Revenue £ 0 10 - 1776 Oct 22 78 By Norfolk Revenge   Oct 22 101 To ditto 8 16 3 Salley for medicine & ap ts etc. 17 6 3   £ 17 6 3  
The foregoing is a true extract from a book filed in this office endorsed "Mary Accts Ledger from July 1776 to July 1779."
J s Jackson Clk of Accts
Accts Office 17 March 1832
(Norfolk)

(5) Norfolk County, to wit:
I William Wright, a justice of the peace in the County of Norfolk aforesaid, do hereby certify that John Marshall this day made oath before me that he knew Doctor Joseph Pell & Doctor John Lyon who were the Surgeons on board of the State vessel, the Revenge, commanded by Captain Wright Westcott in the revolution. That the Revenge went up Nansemond river to avoid the enemy, then at Portsmouth, and that she remained there for four or five months, & was sunk in that river near the mouth of Bennett's Creek. That Dr. Pell, Dr. Lyon & Captain Westcott and Allen Wood and his two sons Allen & William (who were seamen) were attached to the Revenge as long as she lay in Nansemond river, and he frequently saw them at Edwards' tavern in Nansemond. Dr. Pell married a Miss Benn and Dr. Lyon married Miss Jackson, both of Nansemond County. Mr. Marshall does not know how long Dr. Pell and Dr. Lyon were in service, nor can he recollect the precise time when they were on board of the Revenge in Nansemond river. He was himself in the service under Captain Knott and was not so well acquainted with the service of those in the Navy. I furthermore certify that Mr. Marshall is a respectable man and is worthy of belief.
Given under my hand this 31 st day of March 1832
Wm Wright J.P.
Virginia. I William H. Wilson, Clerk of Norfolk County Court, do hereby certify that the signature to the above Certificate is to the best of my belief in the proper handwriting of Wm Wright who is a justice of the peace in the County of Norfolk aforesaid duly commissioned and qualified to the said office according to the Constitution and Laws of said State.
Given under my hand this 7 th day of April 1832
Wm H Wilson C.C.
Norfolk County, to wit:
I John Nash a justice of the peace, hereby certify that Samuel Hays Esq. this day made oath before me that during the revolution he resided in Nansemond County, and that he knew Dr. Joseph Pell

6 who was Surgeon on board of one of the State vessels commanded by Captain Wright Westcott. He knows that Capt. Westcott's vessel was in the habit of visiting Nansemond river which was her rendezvous, and that at the time of Leslie's invasion, Capt. Westcott's vessel took refuge in Nansemond river & was sunk near the mouth of Bennett's Creek, where her hull remained for many years afterwards, & was frequently resorted to by this affiant as a good fishing ground. He knows that Dr. Pell was the Surgeon of that vessel, & that he represented himself in that County as being very rich & consequently married Miss Benn one of the most respectable ladies in Nansemond. This affiant does not pretend to say at what time Dr. Pell entered the Navy, nor how long he continued in it, but he knows well the fact that he was the Surgeon under Captain Westcott at the time his vessel was sunk & for sometime before.
I certify that Mr. Hays is to be believed. Given under my hand & seal this 3 rd day of February 1832
John Nash J.P. Seal
Virginia
I William H. Wilson Clerk of Norfolk County Court, do hereby certify that the signature to the foregoing Certificate is to the best of my belief in the proper handwriting of John Nash, who is a Justice of the peace in the County of Norfolk aforesaid, duly commissioned and qualified to the said office according to the Constitution and Laws of said State.
Given under my hand this 7 th day of April 1832
Wm H. Wilson C.C.
Norfolk County, to wit:
I Tapley Webb a Justice of the peace of Norfolk County hereby certify that Major Spirey Wyatt this day made oath before me that he was well and intimately acquainted with Dr. Joseph S. Pell & that they were near neighbours - Maj t Wyatt made oath before me that Dr. Pell was the Surgeon on board of the State vessel commanded by Capt. Wright Westcott in the Virginia

(7) State Navy, from the year 1777 or 78 untill the end of the war. He knows that Dr Pell remained with Capt Westcott as Surgeon in the Navy to the close of the war. He has frequently conversed with Dr Pell in relation to the war, since the war, & he further made oath that Dr Pell, as well as he recollects, died in the month of June 1804. - I certify that May Wyatt is a gentleman in whose oath the most implicit reli- ance may be placed. Given under my hand & seal this 17 th of May 1832. J. Webb J.P. Seal
Virginia
I William H. Wilson Clerk of the County Court of Norfolk in the state aforesaid do hereby certify that J. Webb who hath given the within certificate is a Justice of the peace in the said County of Norfolk in the State of Virginia duly commissioned & qualified to the said office according to the Constitution & Laws of the said State. Given under my hand this 30 th day of November 1832.
Wm H. Wilson C.C.
Executive Department Richmond Va June 13 th 1829
I hereby certify that the foregoing (on this & the six pages preceding) are true copies of papers filed in this department
Wm H. Richardson Secy Comr

Norfolk County to wit.
I William Wright a Justice of the peace in and for  of Norfolk the County aforesaid do hereby certify that John Marshall this day made oath before me that he knew doctor Joseph Pell and doctor John Lyon who were the surgeons on board of the ship called the Revenge commanded by Capt Wright Westcott in the revolution that the Revenge went up Nansemond River to avoid the enemy then at Portsmouth and that she remained there for four or five months and was sunk in that river near the mouth of Bennet's Creek; that Dr Pell Dr Lyon and then captain Westcott and Allen Wood and his two sons Allen and William (who were seamen) were attached to the Revenge as long as she lay in Nansemond river and he frequently saw them at Edwards Tavern in Nansemond. Dr Pell married a miss Benn and Dr Lyon married married miss Jackson both of Nansemond County. Mr Marshall does not know how long Dr Pell and Doctor Lyon were in service nor can he recollect the precise time when they were on board the Revenge in Nansemond River. He was himself in the service under Captain Enot and was not so well acquainted with the service of those in the Navy— I furthermore certify that Mr Marshall is a respectable man and is worthy of belief.
Given under my hand this 31 st day of March 1832
Wm Wright J.P.

Virginia
I William H Wilson Clerk of Norfolk County Court do hereby certify that the signature to the above certificate is to the best of my belief in the proper hand-writing of Rev d W m Wright who is a Justice of the peace in the County of Norfolk aforesaid, duly commissioned and qualified to the said office according to the Constitution and Laws of said State
Given under my hand this 7 th day of April 1832
W m H Wilson cc
Norfolk County to wit
I John Nash a Justice of the peace hereby certify that Samuel Heays Esq this day made oath before me that during the revolution he resided in Nansemond County and that he knew Dr Joseph Pell who was surgeon on board one of the state vessels commanded by Capt n Wright Westcott. He knows that Capt n Westcott's vessel was in the habit of visiting Nansemond river, which was her rendezvous and that at the time of Leslie's invasion Capt n Westcott's vessel took refuge in Nansemond river and was sunk near the mouth of Bennet's Creek where her hulk remained for many years afterwards and was frequently resorted to by this affiant as a good fishing ground. He knows that Dr Pell was the surgeon of that vessel and that he represented himself in that county as being very rich and consequently married Miss Beus, one of the most respectable ladies in Nansemond. This affiant does not pretend

pretend to say at what time Dr Pell entered the Navy nor how long he continued in it; but he knows well the fact that he was Surgeon under Capt Westcott at the time his vessel was sunk and for sometime before.
I certify that Mr Hays is to be believed Given under my hand and seal this 3 rd day of February 1832
John Nash for  the Secy
Wans d Office 6 th January 1832
Dear Sir
The register of Marriages at the time you mention were not returned to the office neither were any record made of marriages of that date but I find Joseph S Pell's marriage license bond with John Benn his security (to marry Mary Benn) which is dated the 12 th of May 1778. I see the will of George Benn (the father of Mary Benn) which is dated the 16 th August 1778 and recorded the 14 th December in the same year in which he appoints Manning Benn executrix and Wm Cooper executor who took upon themselves the burden of the execution thereof on the said 14 th December 1778 - If you should want copies of the above you can get them by ordering the same.
I remain yr: ob t John Thompson Kilby
By James P Griffin

Extract from the petition of Prison Bown & Co.
"That they were owners of the big Norfolk at the time when the Galley Norfolk Revenge was sunk in James River. The com- mander of the said Galley made application to the petitioners for the use of the said Big Norfolk to raise the Galley, and had her 25 days, that the said Brig received considerable injury &c &c &c for which the petitioners pray a remuneration — This petition corroborates the evidence of S. Days Esq and Mr Marshall — It will be found in the Petitions to the General Assembly of 1791 —
J W Manders
Norfolk Co. Va. affidavit of John Marshall and General Hays, relative to the seizure of the Galley
Tuesday 8 th April 1777
Or d that Doct r M c Clay
deliver to Doct r Pell such medicines as he may think necessary for the use of the Norfolk Revenge Galley.
Norfolk County to wit
I Tapley Webb a Justice of the peace of Norfolk County , hereby certify that Major Spiney Wyatt this day made oath before me that he was well and intimate- ly acquainted with Dr Joseph S Pell and that they were neighbors — Maj t Wyatt made oath before me that Dr Pell was the surgeon on board of the state vessel commanded by Capt t Wright Westcott in the Virginia State Navy from the year 1777 or '78 until the end of the war. He knows that Dr Pell re- mained with Capt t Westcott as surgeon in the Navy

Navy to the close of the war - He has frequently conversed with Dr Pell in relation to the war since the war and he further made oath that Dr Pell as well as he recollects did in the month of June 1804 - I certify that Maj Wyatt is a gentleman in whose oath, the most implicit reliance may be placed - Given under my hand and seal this 17 th day of May 1832 -
J Webb J.P. Seal
Virginia
I William H Wilson clerk of the County Court of Norfolk in the state aforesaid do hereby certify that I Webb who hath given the within certificate is a Justice of the peace in the said County of Norfolk in the state of Virginia duly commissioned and qualified to the said office according to the constitution and laws of the said state - Given under my hand this 30 th day of November 1832
Wm H Wilson C.C.

1776
Dr Jos Simon Pell
Cr
  Aug 13 35 / 37 To a Warrant on the Treasury for £ 8 10 1776 By the Norfolk Revenge Galley   Oct 22 100 / 100 To ditto - - - - - ditto - - - - - 8 16 3 Oct 22 16 / 16 for medicines &c as per Acct - - - - - 17 6 3   £ 17 6 3 
The foregoing is a true extract from a book filed in this office entitled Navy Accts Ledger from July 1779 to July 1779 -
John Jackson clk of accts
Aud r Office 17 March 1832
Extract relating to the account of J. Pell on board the Revenge Galley
A

H
Norfolk Co., Va.
Entered Copy of the affidavit of Major Spence Wyatt in the case of Dr. Pell

Norfolk County to Wit:
I Tapley Webb a Justice of the Peace of Norfolk County hereby certify that Major Spence Wyatt this day made Oath before me that he was well and intimately acquainted with Doct Joseph G Pell and that they were near neighbours — Major Wyatt made oath before me that Doct Pell was the Surgeon on board of the State Viper commanded by Capt t Wright Westcott in the Virginia State Navy, from the year 1777 or 78 until the end of the War, he knows that Doct Pell remained with Capt t Westcott as Surgeon in the Navy to the close of the War — He has frequently conversed with Doct Pell in Relation to the War, since the War and he further made oath that Dr. Pell, as well as he recollects died in the month of June 1804 — I certify that Major Wyatt is a gentleman in whose oath the most implicit reliance may be placed — Given under my hand & Seal this 17 th day of May 1832.
J. Webb J.P. Seal
Virginia
I William H Wilson Clerk of the County Court of Norfolk in the State aforesaid do hereby certify that J Webb who hath given the within certificate is a Justice of the peace in the said County of Norfolk in the State of Virginia duly Commissioned & qualified to the said Office according to the Constitution and laws of the said State.
Given under my hand this 30 th day of November 1832.
Wm H Wilson Clk
Executive Department January 6 th 1834.
The foregoing is a true copy of an original paper on file in this Department
J. Richardson Cpt 5C

Dr Pell G
Scotts affidavit
June 1858
Norfolk Co, Va.
Thomas Scott.
affidavit relative to his father's knowledge of Dr. J. S. Pell's Service.
M c Murdough

I Thomas Scott now in the fifty first year of my age son of Tenant Scott, who died about Twenty one years ago at an advanced age, and who was a Soldier in the Militia of Norfolk County at several periods during the Revolutionary war, being sworn to say, that I have frequently heard my deceased Father in his lifetime speak of his neighbour Doct. Joseph S. Pell, as having been a Surgeon in the State Army and that he was regarded as a valuable officer That it was feared by the friends of Doct. Pell (as he was an Englishman by birth) that his zeal in the American Cause might induce the enemy to use extraordinary efforts to take Dr. Pell and hang him - or to offer rewards for him and cause him to be shot - My Father like other old persons who had been in the Revolution was in the habit of talking over the incidents of that war, and it was in those conversations, I heard him speak of Dr. Pell's services and I know that my Father has repeatedly said that Doct. Pell was an officer through the whole war, never having resigned or failed to render service at any time as a Surgeon. I have heard other old persons now dead who knew Dr. Pell in the war speak of him in the same manner, that my Father used to speak of him. And from what I have heard of Dr. Pell's services I say

upon my oath that I have not the least doubt that he was a surgeon from early in the war until the termination of hostilities. Thos Scott
Norfolk County to wit.
I John Nash a Justice of the peace hereby certify that Thomas Scott Esq. this day made oath to the truth of the above affidavit and I certify that Thomas Scott Esq. is worthy of belief. Given under my hand and seal this 19 th day of June 1838.
John Nash JP
Virginia
I William H Wilson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid hereby certify that John Nash who has given the above certificate is a Justice of the Peace in and for the County aforesaid duly commissioned and qualified to said office according to the Constitution and laws of this State.
Given under my hand and the seal of the said Court this 22 nd day of June in the Year of our Lord 1838 and of our Independence the 62 nd
W m H Wilson Cl

Joseph L. Pell, decd. act 5 July 1832.
Sec. of War decided June 30. 1838 that the proof as to the commission of the same was not sufficient.
3 copies of these papers sent to J. W. Murdaugh July 10. 1838
Let to J. W. Murdaugh, July 10. 1838. do to Isaiah Pope aft 18. 1839 do. to Hon. H. Hall H. R. Feb. 15. 1841 - do. to Sec. War March 26. 1841 - do. to J. W. Murdaugh April 16. 1841 - Let to Hon. J. C. Spencer Sec War Feb 25. 1842 do to Th. Scott July 13. 1843. do to J. Murdaugh Aug 7. 43 same Aug 15. 1843
29 pages

N o 54
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3.249
Joseph S. Pell Lung Va Navy Revolution
Discharged _____, 18
5049
N o 7. Pay _____ act '22
Received _____, 187

Rec d of Doct r Joseph Simon Pate his Surveys for 1731. & his Taxes & Surveys for 1732 Tho s Godwin

Received November 15 th 1786. Of Doct r Lee the sum of Eight pounds. Ten shillings & Six pence on acct. of Rentes for the year 1784
Solo. Stephura

Know all Men by these presents That we Joseph S. Bell & her  his Mourning Bunn of Suffolk Parish Nottingham County are held and firmly Bound to James Buxton of the same County and Parish in the just and full Sum of One hundred and fifty Fifty Pounds Current Money of Virg a to be paid unto the said James Buxton unto his Certain Attorney his heirs Executors Administrators or Assigns, to which payment well and Truly to be made We do by Bind ourselves our heirs Executors Administrators firmly by these Presents Sealed with our Seals & dated this 29 day of March one Thousand Seven hundred and Seventy Nine

Recd of Doct r Pilt the Sum of Seventy & five Pounds in full amt of the within BOND this 31 of Jan y 1780 the  Clat  the  last
Ja s Buxton
Know all men
0 1 5 2 5 0 4 0 0 0 L
1 5 2 5 0 4 0 0 0 L

Receipts

Joseph S. Pell dec d act July 5. 1832
could not find it, Evidently on Decision confirmed file in See Secretary's letter Interregl Dept. of April 3 d 1850, filed 1936 into Decision." MSS
Letter to V Ellis 8 May 1852 not found Letter to Wm. Scott adm. Aug. 29. 1852 26?

These papers not sent to See Wm Feb 25. 1842 as they do not contain any evidence

Pension Office October 30, 1849.
Sir:
I return herewith the letter asking an appeal from the decision of this Office, in the case of Joseph S. Pell, dec d . whose legal representatives claim half pay under the Act of July 5, 1832.
I have frequently examined the papers presented in this case, and have never yet discovered any satisfactory proof that D r Pell served until he became supernumerary. The record shews that he was a Surgeon in the Virginia State Army, but it does not show when he left the service, nor how long he served. He was appointed a Surgeon in 1776. In February 1842, the papers filed in the case were sent to the Secretary of War, with a report dated on the 25 th of that month, a copy of which is enclosed.
The Secretary of War examined the case himself, and I enclose a copy of his letter on the subject to the President. The papers have never been returned to this Office, and I understand that they are not in the War Office. The papers recently presented, ten in number, are herewith enclosed. I cannot admit the claim upon such proof as they afford.

The papers in the case of Dr. John Lyon are in the office of the Third Auditor.
I enclose the papers seven in number in the case of Stephen Wright. What bearing these papers can have on Bell's case, I cannot conceive. It is only necessary for any one who is acquainted with revolutionary history to read the papers to perceive at once that the case of Wright is sustained by the most flimsy evidence that can be imagined.
According to the statement of his service he was an Ensign at sixteen years of age. Every one knows who knows anything of Virginia, that they do not, and never did grant commissions to persons of that age.  of information knows, that persons of that age are never
John T. Ewing Feb. 20/19
I am, respectfully,
Your ob't Serv't,
J. L. Edwards
Comm'd Ensign.
D. L. Goddard Esq.
Hon. T. Ewing Acting
Secretary of the Interior.

This certifies, that I was well, and intimately acquainted, with Major Spivy Wyatt of Norfolk County, in the State of Virginia. He was a gentleman of high respect- -ability, and standing in society, as much so, as any man of his day. Any statement made by him, whether on oath, or otherwise, is, in my opinion, worthy of the utmost confidence, and would have been fully credited, by the com- -munity, in which he lived. Given under My hand this 19 th October 1849 - George M. Brien
George M. Bain Portsmouth
Virginia
State of Virginia Norfolk county To wit
This day George M. Bain a Gentleman of Credit & Respectability and a Minister of the Gospel. personally personally appeared before me a justice of the peace for the County aforesaid and made Oath that the above certificate con- tains the truth. Given under my hand and seal this 19 th day of Oct: 1849 John N. Stark J.P.
John Nash J.P. (cont.)

This is to certify that I was well acquainted with John Marshall late of the the County of Norfolk State of Virginia. He was a gentleman of credit and respectability and who could be relied on and I am satisfied that he would have made no statement, but what was strictly true. Given under my hand this 20 th day of Oct: 1849
G. Brocken
State of Virginia Norfolk County To wit.
This day Col. Sampson Brocken a gentleman of respectable standing personally appeared before me a justice of the peace for the County aforesaid and made oath that the above statement con- tains the truth. Given under my hand and seal this 20 th day of October 1849.
John Nash J.P.

COLGATE W. DARDEN, JR. 2D DISTRICT VIRGINIA
COMMITTEE ON NAVAL AFFAIRS
W. J. CHENOWETH SECRETARY
Congress of the United States House of Representatives
Washington, D. C.
April 13, 1936.
Hon. Henry Morgenthau, Secretary of the Treasury, Washington, D. C.
My dear Mr. Secretary:
I enclose herewith certain information submitted me by Mr. Martin Abraham, attorney in the City of Portsmouth, relating to the claim of Dr. Joseph S. Pell.
I am not familiar with this matter and I shall appreciate it a great deal if you will go into it carefully, advising me in detail just what rights the heirs have and just what procedure they should follow in making the necessary claim.
I shall appreciate it also, if you will let me have a report as early as convenient.
I am, with kind regards
Yours truly,
Colgate W. Darden Jr.
1936 APR 14 AM 10 37
DIVISION OF BOOKKEEPING AND WARRANTS

TREASURY DEPARTMENT
WASHINGTON
MAY 12 1936
The Administrator of Veterans' Affairs, (Attention: Revolutionary and 1812 War Section).
Sir:
There are enclosed for your further attention communication of April 13, 1936, from Honorable Colgate W. Darden, Jr., and enclosures, in regard to claims of the heirs of Dr. Joseph Simon Pell for compensation on account of services he is said to have rendered during the Revolutionary War as a Surgeon in the Virginia State Navy.
The Congressman has been advised of this reference of his communication as will be noted from the enclosed copy of Treasury letter addressed to him today.
By direction of the Secretary:
Very truly yours,
Wm. H. McReynolds Administrative Assistant to the Secretary.
Enclosures. 015

C O P Y
MARTIN ABRAHAM Attorney and Counsellor at Law New Kirn Building Portsmouth, Va.
March 24, 1936
W. J. Chenoweth, Esq., Secretary to Colgate W. Darden, Esq., Congress of the United States House of Representatives Washington, D. C.
Dear Chenoweth:
Relative to the claim for back or half-pay, which I requested that you help us on, I am wondering whether you have heard anything further.
I am very anxious to get some action on this claim, and want to suggest that, if you think it would help that it might be well to associate Mr. Darden in this case professionally. Perhaps, he would then feel that he could then give it some time, and attempt to get it through. I think the matter has sufficient merit to warrant some effort in this connection. Understand, I am not criticizing any of your past efforts, but I presume it will not be very long before Congress adjourns, and it will then be too late to work on this case.
Awaiting your prompt reply and suggestions, I am,
Yours very truly,
( Signed) Martin Abraham
MA/M

C O P Y
MARTIN ABRAHAM Attorney and Counsellor at Law New Kirn Building Portsmouth, Va.
December 31, 1935.
W. J. Chenoweth, Esq., Secy. to Colg. W. Darden, Norfolk, Virginia
Dear Chenoweth:
Re: Dr. Joseph S. Pell
In connection with the above matter in which you have obtained from Washington numerous records for me the statutes allowing pay or half pay to officers who served in the State Line or Navy during the Revolutionary War, allowed the half pay to those who had served for two years or more during the war. The reports which I asked you to obtain for me contain rejections of claims made on behalf of Dr. Pell on account of the fact that Dr. Pell had not served the required time and the further ground that Dr. Pell's heirs had received land warrants of sufficient size to pay for his Revolutionary services. I have found in the records of the State of Virginia what I believe to be ample evidence that Dr. Pell did serve in the navy of Virginia for more than three years during the Revolutionary War. His heirs were entitled to a Virginia land warrant for services for seven years and four months. In a book published by Louis A. Burgess, entitled "Virginia Soldiers of 1776", Vol. 1, page 396, and Vol. 3, Page 1335 and 1436-37, the name of Dr. Pell appears as having been appointed as a surgeon in the State navy on July 26, 1775. He served on the Norfolk Revenge which was sunk May 29, 1778. The records of Congress indicate that this claim came before it in 1842 which is mentioned in the 1842 report, that the claim was rejected partly because a land warrant had been paid to Dr. Pell's heirs representing more than $8000. I can prove by correspondence which I have in my files from the pension agent who was handling this claim in the 1880's that the scrip which was received for the land warrant was worth only $1.15 an acre and from the records of the local County Court, I can prove that the heirs of Dr. Pell received only about $150.00 for their part of this scrip. Only $300.00 was procured for the scrip and the pension agent who handled the claim was allowed 50% for his services. All this appears in a report of John C. Kaufman, administrator of record in the County Clerk's Office of Norfolk County, Virginia, which records I have seen and can produce.
Be these things as they may, the claim for scrip and the land warrant are under entirely different statutes from the claim for half

pay and one had nothing to do with the other according to law. Many persons received the benefit of the half pay claim statutes just after the war and if you will compare the statements I make in this letter to the last report of the Committee of Congress on this claim, you will find that at the time the claim was made in 1848 on behalf of Dr. Pell, he was entitled to receive the half pay at that time but evidently the records which I have were not produced on his behalf. It is probable that just as the pension agent says, "Congress did not have the money with which to pay these claims and, accordingly, made any excuse which it was able to drum up to keep from paying them since there was no money in the Treasury with which to pay them."
My position in this matter is, therefore, that the heirs of Dr. Pell are entitled to this money. Claim was made on behalf of Dr. Pell and his heirs as early as 1848 but Congress rejected the same because of lack of funds so that there has been no laxity on behalf of the heirs of Dr. Pell on making claim but Congress erred in not paying the claim in 1842 or allowing it for future payment. The statute provides that the Secretary of the Treasury of the United States shall receive claims for half pay and indicate what proofs are required in order to obtain the money due thereunder. I have taken the matter up with the Secretary of the Treasury and he has simply referred me to these reports of Congress.
When you go to Washington, will you please go over to the office of the Secretary of the Treasury and interview him on behalf of myself and the heirs of Dr. Pell in connection with the allowance of this claim. Find out from him what proofs he will require and how he desires these proofs authenticated. I suppose he will require a list of the heirs of Dr. Pell and I can furnish this. I imagine he will require records of Dr. Pell's service. In this connection, must they be original records or will a book published by a recognized author containing the information that he wishes be sufficient. Please also determine for me through what channels this claim must go in order to be allowed.
For your information, in the 1830's, the pension agent who was handling this claim reported that the same amounted to more than $30,000.00 and that the same bore interest from the time of the death of Dr. Pell which should make it quite a substantial claim.
Anything you can do in connection with this matter will be greatly appreciated.
Yours very truly
(Signed) MARTIN ABRAHAM

W. J. Chenoweth (Dr. J.S. Pell) continued -
P. S. The Statute of 1832 to which I was referred by the Librarian of Congress, provides that the pay claims apply to Naval Officers and men as well as army officers and men. I enclose copy of this statute.
An Administrator qualified and was never discharged on account of this estate and I believe that another administrator can be appointed to succeed him simply on motion to the Court, if we find this necessary.
MA:WC

C O P Y
HEIRS OF JOSEPH S. PELL
-----oOo-----
April 1, 1842
Laid upon the table
-----oOo-----
Mr. Hall, from the committee on Revolutionary Claims, made the following
REPORT
The Committee on Revolutionary Claims, to whom was referred the petition of the representatives of Joseph Simon Pell, submit the following report:
The petitioners represent that Joseph Simon Pell was a surgeon in the Virginia State navy , and served therein, as such, from July, 1776, to the close of the war. Having made an unsuccessful application to the War Department for the benefit of the act of July 5, 1832, which authorized the allowance of the half pay for life of certain officers of the Virginia State navy, they now ask for its allowance by Congress.
The name of Dr. Pell is not found returned as entitling him to half pay on the reports of the board of officers assembled in 1784 for the purpose of determining the rights of the navy officers to that provision, and the committee have already expressed their opinion, and assigned their reasons for it, in their report upon the act of July 5, 1832, that no officers were by that act provided for but those whose names appear on the reports of the board: on that ground, they would therefore report against the claim.
But it is very evident, from the testimony in the case, that Dr. Pell did not perform the requisite service to entitle him to the half pay.
It appears, by the journal of the Virginia navy board, that Dr. Pell was appointed surgeon to the Revenge galley July 29, 1776, and, from the parol evidence in the case, that he served on board that vessel until she was sunk in Nansemond river previous to the 29th of May, 1778. As he served less than two years, and was out of service long before the half pay was promised navy officers, he could have no claims to that provision from Virginia. He had no claim to the land bounty

of that State, and there is no evidence that he made any in his lifetime; but on the 27th of June, 1834, the Executive of Virginia issued to his heirs a land warrant, to be paid by the United States, for seven thousand and forty-five acres, for a service of seven years and four months, which warrant has accordingly been satisfied by the United States in scrip of the value of $8,806.
The committee are of opinion that the United States have sufficiently paid the heirs of Doctor Pell for his services, and recommend that the claim be rejected.

C O P Y
DR. JOSEPH SIMON PELL
----oOo----
June 7, 1838
Read and laid upon the table
----oOo----
Mr. Harper, from the committee on Revolutionary Claims, made the following
REPORT:
The Committee on Revolutionary Claims, to whom was referred the petition of the heirs of Dr. Joseph Simon Pell, report:
The petitioners ask compensation for the services of their ancestor, Dr. Joseph Simon Pell, as surgeon in the State navy of Virginia during the Revolutionary War, in pursuance of "the resolves of Congress granting in such cases half pay for life.". The resolves of Congress under which the petitioners claim, have not heretofore been construed to extend to the officers of the navy; and the committee deem it improper, at this time, to introduce a new principle in relation to claims for revolutionary services, which would open the door for the allowance of numerous claims equally meritorious, and which have not received the favorable consideration of Congress heretofore.
RESOLVED, That the prayer of the petitioners ought not to be granted.

MAY 12 1936
My dear Mr. Darden:
Further reference is made to your communication of April 13, 1936, forwarding letters of December 31, 1935 and March 24, 1936, from Mr. Martin Abraham, Attorney and Counsellor at Law, who writes on behalf of the heirs of Dr. Joseph Simon Pell, for information as to the procedure established for claimants under the Act of June 7, 1832 entitled "An Act supplementary to the 'Act for the relief of certain surviving officers and soldiers of the revolution'".
Section 3 of the Act of June 7, 1832 (4 Stat. 530) reads as follows:
"Sec. 3. And be it further enacted, That the pay allowed by this act shall, under the direction of the Secretary of the Treasury, be paid to the officer, non-commissioned officer, musician or private, entitled there-to, or his or their authorized attorney, at such places and times as the Secretary of the Treasury may direct, and that no foreign officer shall be entitled to said pay, nor shall any officer, non-commissioned officer, musician or private, receive the same until he furnish the said Secretary satisfactory evidence that he is entitled to the same, in conformity to the provisions of this act; and the pay hereby allowed shall not be in any way transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer, non-commissioned officer, musician, or soldier, entitled to the same."
It appears, however, that the regulations issued under this Act including information with respect to proofs required, etc., were issued under date of June 27, 1832, by the Pension Office, at that time a part of the War Department. As you know, matters relating to pensions are now within the jurisdiction of the Administrator of Veterans' Affairs, and inasmuch as the Act of June 7, 1832 appears to be in the nature of a pension legislation

and the regulations for the guidance of claimants were issued by the Pension Office, I am taking the liberty of referring your communication to the Administrator of Veterans' Affairs for further consideration.
It may be stated that the regulations referred to are printed in Senate Document No. 170, 22nd Congress, First Session.
By direction of the Secretary:
Very truly yours,
Wm. H. McReynolds
Wm. H. McReynolds, Administrative Assistant to the Secretary.
Honorable Colgate W. Darden, Jr., House of Representatives.