Revolutionary War Pension and Bounty Land Warrant Application File W. 22,800, Joshua Clapp, Mass.

SERVICE
NUMBER
Mass.
Clapp, Joshua Nabby
N. 22,800
B.L.W. 351-200 Lieut. Issued Apr. 1, 1790. No papers.
CONTENTS
✓
Geo.

See letter (on Comrs Book) to Post Master Montpelier, Vt. 24 March 1833; Let to W. Weston 21 Decch " " Joshua Clapp April 11/33 " The same " 25/33 [ Mr. Waldo's Book ] Rev. Joel Clapp May 1, 1835 Joshua Clapp May 8th 1835 To same June 5/33 Lucius B. Peck " " "
9360. Vermont 17 Nabby Clapp dec. widow of Joshua Clapp who was a S. & G. M. in the Revolution
Inscribed on the Roll at the rate of 80 Dollars Cents per annum, to commence on the 4th day of March, 1843. to 21. January 1841. Certificate of Pension issued the 8 day of Feb. 1843 and sent to Henry Robinson Pres.
[Acts of March 3, 1843, & June  17, 1844. ]
Recorded in Book Page 61

State of Vermont - 3 On this 15 th day of Jan'y Franklin County ss A.D. 1853 personally appeared before the subscribing Authority, Joshua Clapp a resident of Mont- gomery in the County & State aforesaid aged 47 years who being duly sworn according to law doth on his Oath make the following decla- ration, in Order to obtain the benefits of the provision made by the act passed July 7 th 1838, granting pensions to widows of persons who served during the Revolutionary War; That he is one of the surviving heirs of the widow of Joshua Clapp who was, as he is informed and verily believes a Lieutenant in the 8 th Regiment of Massachusetts line; That he understood, his Father Joshua Clapp entered the service as a Lieu- tenant in the Massachusetts Line very early in the war; that some time afterwards he was appoin- ted Quartermaster to Col. Jackson's Regiment and served as Lieutenant and Quartermaster until the close of the war; - That during the said service he was wounded, that he was at the date of his death in the receipt of a pension at the rate of,

One hundred & fifty dollars per annum in consequence of injuries received during that service.
He further states that he has understood also that his Father Joshua Clap, 15 or 20 years before his death received a Certificate or warrant for 200 acres of Land from the General Government. He further states, that from some papers & Records now in his possession, it appears that his Father Joshua Clap was appointed Quartermaster, on the first day of April 1779. & continued as such Quartermaster, to the 31 st day of January 1783. as is shown by his Official signature.
He further states that his Mother Nabby Clap was married to said Joshua Clap on the 23 rd day of December 1792. as appears of Record. That his Father Joshua Clap died on the 5 th day of November 1810. And that his said Mother died on the 20 th day of January 1844. never having received a pension from the United States.
Sworn & Subscribed this 3
Joshua Clap
15 th day of January 1853
before me
B. W. Fulton. Justice Peace

STATE OF VERMONT,
Franklin
COUNTY, SS.
BE IT KNOWN, That on this fourteenth day of
December
1852
before the undersigned, a Justice of the Peace, in and for the
County and State aforesaid, personally appeared Joshua Clapp a resident of
Montgomery in said County, and made oath according to law, that he is a son & One of the heirs of Joshua Clapp deceased, who was a Lieutenant in the 8 th Regt. of Massachusetts Line, Commanded by Col. No. Jackson , in the Service of the United States, in the Revolutionary War and was an honorably pensioner of the U.S. at the rate of $160. per Annum
that he is directly interested as aforesaid, as a claimant, and makes this affidavit for the purpose of obtaining such Arrear of pension as may be due under any of the laws, regulations, or decisions that have been or may hereafter be adopted. The said affidavit further declares that he hereby constitutes and appoints
Henry Robinson
of Bennington
to be his Attorney
and Agent to prosecute said claim, with power of substitution, to examine all papers and documents in relation to it, and to do all things necessary and lawful in the premises, except drawing the money, which will be hereafter provided for.
Sworn to and subscribed the day and year aforesaid, before me,
Joshua Clapp
B.M. Fuller
Justice of the Peace.
I further certify that Joshua Clapp above named is a respectable resident of this County, and is, as I believe, directly interested in said claim, and acknowledge the above power of Attorney to be his act and deed.
B.M. Fuller
Justice of the Peace.

In pursuance of their therein power I hereby constitute & appoint George C. Ames Esq. of Washington City, my substitute, to act for me & in my name in all respects, as tho' personally present.
Henry Robinson
State of Vermont Franklin County ss named B W. Fuller Peace within & for the within named
St Albans Dec 18th 1852
I hereby certify that the within is a duly appointed justice of the Peace within & for the County & State aforesaid on the day
Given under my hand & the seal of the County at St Albans the day & year aforesaid
Joseph H. Brainerd county clerk

Henry Robinson Atty. for Claimant, Bennington Court Vermont

State of Vermont Franklin County ss
I. James Davis
Judge of the Probate Court for the County of Franklin, and District of Georgia in said State, do hereby certify that satisfactory Evidence has been exhibited to said Court that Joshua Clap was an Invalis pensioner of the United States at the rate of One hundred and Sixty dollars per annum. - That he resided in Montgomery in said County & State, and died in that town on the 5 th day of November 1810. - That he left a widow named Abby Clap, who died at said Montgomery on the 20 th day of January 1844, leaving six children, whose names are as follows, and who are the only surviving children of the said Joshua, and Abby Clap. Fiz, Joel Clap, Harriet Clap (married name Harriet Baker) Eliza Clap (married name Eliza Hamilton) Joshua Clap, Abby Clapp (married name Abby Hamilton) & Caleb Clap
In testimony whereof I have hereunto set my hand, and affixed the Seal of this Court, at St Albans, this 17 th day of February 1853.
James Davis, Judge

Commonwealth of Massachusetts.
FRANKLIN, ss.
Geo. Gremell I, HENRY KIMBALL , Clerk of the Judicial Courts of the Commonwealth, for the County of Franklin, do certify, that Pliny Arms Esquire, whose signature is affixed to the Certificate on the paper hereto annexed, was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth; and that full faith and credit is, and ought to be given to his acts and attestations done in that capacity; and that I am acquainted with the handwriting of the said Pliny Arms Esq and believe his signature to said Certificate is genuine.
In Testimony Whereof, I have hereunto set my hand and affixed the Seal of the Supreme Judicial Court, for said Commonwealth, this seventh day of February in the year of our Lord, one thousand eight hundred and fifty three .
Geo Gremell Clerk.

These certify that the following persons were married according to the Laws of the Commonwealth at the times specified
Dec r 23. } Joshua Clapp & Nabby Barnard 1792 } Hest Leavitt & Rachel Barnard } John Stone & Sally Barnard
Deerfield April 24 th 1793. John Taylor Pastor of the Ch h of Christ in Deerfield, Dott r W m S. Williams Town Clerk The foregoing is a true Copy of the original received & recorded by W m Stod d Williams Town Clerk
Town Clerks Office Deerfield Ms 4 th Nov r 1852 I certify that the foregoing is a true Copy from the record of marriages in the Town of Deerfield Attest.
Charles Williams Town Clerk
Certificate Marriage

I Charles Williams above named depose & say that I hold the Office of Town Clerk in the Town of Deerfield, County of Franklin & State of Massachusetts, and that the above & foregoing is a true extract from the Records of said Town as Certified by me -
Charles Williams Town Clerk -
Sworn and Subscribed this 26th day of January A.D. 1853 - before me
Pliny Arms Justice of Peace -
Certified of Marriage In J. Clapp's case to  the  and  the
County Clerk of Franklin of the Peace - hereinafter

The Quartermaster's Book of the 8 th Mass. Regt has been removed from this claim and sent to the War Dept. on Jan. 16. 1913.
Ref
WIDOW, &c.
File No. 22,800 Nabby Clapp wid of Joshua Clapp Sub Mt Rev War Act March 3 rd  1843 Index: Vol A , Page 139
[Arrangement of 1870.]

11.477
Vermont
B.
Nabby Clap decd
widow of Joshua
who died on the
1810
of
in the State of
who was a
[Signature]
commanded
by Captain
of the
commanded
by
in the
line for
Revolution
Inscribed on the Roll of Kurlington at the rate of 480 Dollars
Cents
per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 8. day of Sept. 1853 and sent to
Henry Robinson West.
Arrears to the 4th of Semi-annual allowances ending
{ Revolutionary Claim, Act July 7, 1838. }
Recorded by Book
Vol.
R. M. Rae Clerk, Page 141

Pension Office, June 5, 1855.
The third auditor will please certify the exact amount paid upon the certificate in this case
Very respectfully,
Your obed. servant
J P Mals
Commissioner
Abby Clapp, died 20 January 1844, $2,822.67. paid on her certificate from 4 March 1836. to her death.
Robt. Jenkins
Auditor

The case of Hubby Clapp, allowed 8 April 1853 Henry Robinson, appointed Clerk      "    "    "

Nabby Clap dec. wid. of Joshua Vt. Adm. 7 July 1838
2 Years Lieut: & 2 nd M. $480 \frac{00}{100} per annum from 4 March 1836 (two years excepted) to 20 th January 1844 when she died.
pay to Joel Clap Harriet Baker Eliza Hamilton Joshua Clap Nabby Hamilton Caleb Clap only surviving child of said Nabby & Joshua dec.
Cert: to Henry Robinson Present

Mr. Cole - I have a case which was admitted yesterday And I suppose the Certificate will be issued to day - I should be pleased to receive it myself at the Office - Your friend Henry Robinson Friday April 8 th 1853 -

Washington
District of Columbia
United States of America

14.831 Abby Clapp Wid: Joshua VT Lit. Joshua Clapp - 44.11/33 To same Oct 25. 1838.  see probat letter book
7 July 1838

Brief in the case of Nabby Clap decd widow of Joshua County and State of Vermont act of 7 July 1838
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Supported by Rolls. Marriage & death of the parties, family Record & Certificate of Court of Record. Survivorship of Children Certificate of Court.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Henry Robinson Bennington Name and residence of Agent Vt-
Thos. H. Hanson jr Examining Clerk.

Montgomery Pa April 3 rd 1855
Sir
Yours of the 24 th of March is received and in reply I can only say it is a well known fact that the Widow of Joshua Clapp was Married & lived with a Second Husband by the name of Goodspeed some twenty five years who survived her about one year and from my acquaintance with the heirs I cannot think that there could have been any attempt on their part to conceal this fact from the Agent who obtained the Pension
Yours Respectfully
A. C. Wheeler P.M.

James E Heath Esq Sir
Washington July 21. 1853
I transmit herewith several papers in support of the Application of Mary Clapp widow of Joshua Clapp for a Pension under the act of 7 July 1838 Mrs Clapp's husband was an Invalid Pensioner at the rate of $160 per Ann. for wounds received whilst in Service in the 8 Regiment of the Massu- = Chusets Line. It is alleged that Clapp was a Lieutenant, and Quartermaster also in the 8 Regiment, commanded by Col Jackson and that he deserted such from some where near the Commencement to the close of the Revolutionary War. The relief of that Service being in your office the truth of this Statement can be sustained or discredited thereby. to which I respectfully refer for the evidence of Service in this case The Marriage is clearly established by the Certificate of the Town Clerk herewith presented.
If the Statement in the regard to the Service be sustained by the

Recd in your Office the claim is fully made out.
Very respectfully Yours obedient Geo L. Ames

East Berkshire (W t ) Apr. 28 th 1855.
Hon Mr Waldo Sir. I am requested by some of the heirs of the late Captain Joshua Clap, to forward to you a statement in relation to their characters and pecuniary circumstances, and especially to ask a favorable construction of their motives in soliciting and receiving, in right of their deceased mother, a pension for the Revolutionary services of their father.
These heirs were born and raised in the town of Montgomery, some three or four miles distant from the residence of my parents and their family in Berkshire, so that I have been well acquainted with them from their infancy and my own boyhood. They are, as were also their parents, persons of high respectability, unquestioned integrity, and much above the average of our community for intelligence and refinement. One of Capt. Clap's daughters is the wife of a somewhat wealthy gentleman at Dunham, Canada East, but all the other heirs are in quite limited and barely comfortable circumstances.

I understand that the arrangement for procuring the pension, was negotiated between the Rev. Caleb Clap of New York or Brooklyn, youngest son and heir of Capt. Clap, and the late Gen. Henry Robinson of Bennington who applied for and obtained it. The heirs living in Montgomery assert, and I doubt not with perfect sincerity, that Gen. Robinson was expressly informed in the outset that the widow of Capt. Clap married a second husband who survived her; and that he (Gen. R.) declared that fact to be immaterial, as she continued to be the widow of Capt. Clap, within the settled construction of the pension act, notwithstanding her second marriage. It is said that this appears from the correspondence of said Robinson, which can be procured and forwarded to you if desired. And if such assurance was really held out by Gen. Robinson, a man of large experience in the business of obtaining pensions, and but recently a clerk in the Pension Office, I presume you will admit that the heirs may honestly have confided in it.
But though the exculpation of the heirs in a moral point of view may not obviate their liability to refund

The money, they hope it may, at least, induce the government to treat them with indulgence. They also hope that the government will resort to the estate of Robinson for the share which never came to their hands, but was retained by him, being $900. or one third of the entire pension.
I will add but another suggestion. If the pension was improperly, but honestly, received in right of the mother, may it not be equitably held in right of the father? His services and sufferings as an officer of the Revolution were as meritorious as those of any of his compatriots.
If you think proper to reply to this communication, you will please address Joshua Clegg Esq. of Montgomery.
With great respect your ob. serv t
Stephen Royce

Jorhna Clapp, Letter Jan. 17. 53
Hon Henry Robinson Bennington Centre
Ve

Montgomery Jan'y 17, 1853
Hon Henry Robinson
Dear Sir
Your favor of the 10 th inst was received by due course of mail I have executed the declaration therein contained & as it was the same Justice of the Peace whose name was annexed to the Power of Attorney heretofore directed to you for bearing the certificate of the County Clerk I have thought perhaps it might not be necessary to incur the trouble & expense of procuring the Clerk's certificate in this case. With regard to the Records heretofore mentioned they consist of two books of considerable size one of them containing the doings of that part of the Army with which my father was connected in which I find that he was appointed Quarter Master on the first day of April 1779 & in the other book containing an account of the Military stores arms ammunitions &c I find his signature as Qr Master at several different times up to Jan'y 31, 1783. The enclosed declaration embodying the above facts if it is received as reliable testimony would seem to obviate the necessity of sending the books which I suppose would cost about $1.00 & as much more to return them. Should you however think it essential to have them please write again & I will forward them without delay. Yours Respectfully Joshua Clapp

New York April 23 55
Dear brother
This morning recd Yours of the 17 th inst, asking the particulars from the field, in rela- tion to the pension, procured for us by Mr Robinson.
While on a visit at the late Judge Knickerbacker's of Schaghticoke he said to me, one morning, that from a spot near his house we might obtain an extensive and beautiful view of the surrounding country, which he thought I should enjoy, and that, among other interesting objects in the panoramic scene, was Remus's Hight And. This, I said will be especially interesting to me, as the spot on which my father, an officer in the Revolutionary Army received received a wound, in the service of his country, that came near costing him his life from the effect of which, he never did entirely recover. After listening to my account of the matter, and

as I had frequently heard of from our dear Mother. He inquired into the history of our family, and said he felt sure that the children of our Mother by Capt. Clapp, were entitled to a pension, according to a recent act of congress, and advised me, on my return to New York, to call on Judge Calver an eminent lawyer of the City, for information upon the subject. This I did, and he directed me to Mr Robinson of Bennington Vt, as a person, who, having been employed, I think he said, for some time in the pension office would be the most suitable person to whom application for information upon the subject could be made. Accordingly I wrote to Mr Robinson, and received a reply, the purport of which I communicated to my Brother & Sisters at Montgomery, on a visit soon after to that place, as you are aware. And it was thought best that on my way home to New York, I should call and have a personal interview with Mr Robinson. This I did, and sta- ted to him fully the facts of the case. He said he thought we were entitled to a pension according to the intention of the law, and according to the practical construction

of the Act. at the Pension Office, and repeated the offer before made, of undertaking the agency of obtaining it, for one third of what should be granted, or, if nothing should be granted, his services should be gratuitous.
I said that for my own part, & in the respect I could speak for others of the family, that, if it could be in equity and honesty, and legally obtained, it would contribute to our comfort, & we should be glad of it, but that any other course we would, by no means have taken, And that, as he was familiar with the practical exposition and application of the law upon the subject, that those of the family, whom I had recently seen, were willing that he should undertake the agency of obtaining it for us; And that my brother Joshua, I thought, would be the proper person for acting in behalf of the others in relation to the business transactions of the matter. And to him he said he would write.
I had no further communication with Mr. Robinson upon the subject, as I recollect. After the pension was

granted, his son called on me at New York, and informed me of the fact - I said that my brother felt strongly that it could not be honestly obtain- ed, and that neither myself nor any of the family would care even to receive any thing if it was fraudulently procured; and he replied, that it had been obtained in accordance with the Act, as construed by the Attorney General, on the ground, I think, that the chil- dren of the mother, by the first husband, after the death of the second husband, were considered without reference to the second marriage, and that there could be no doubt, as to the equity & legality of the course pursued, and on his word I relied, But since it appears to be otherwise - we shall be as glad to return the money, as, under our misap- prehension, we were to receive it.
Affectionately
E. T. L.

Jn. Lucas - Commissary of Pension Portofit. Joseph R. Platt
35-1 - 1790
Apr 15 th

This certifies that Joshua Clapp, a Lieutenant an Inhabitant of the Commonwealth of Massachusetts, who belonged to the 8 th Massachusetts Reg t commanded by Col o Michel Jackson Esq r & in Capt t Amos Cogswell m Compy y , in the Service of the United States of America, aged Thirty eight, as appears by certificates lodged in the pension Office, having been examined by me, is found to be disabled in said Service, by a Gun shot through the trunk of his Body — And I do hereby certify that he is entitled to receive Four pounds per month commencing 1 st of January 1784, agreeably to the Resolution of Congress of the 7 th of June, 1785, and to an Act of the Legislature of the Commonwealth of Massachusetts, of the 17 th March, 1786, said Clapp has returned his Commutation to the Office of Army Accounts — Given under my hand at Boston, this 29 th day of April in the Year of Our Lord, 1790, and in the fourteenth Year of the Independence of the United States of America. John Lucas Commissary of Pensions

Bethlehem Penna April 21 st 1855-
To L. P. Waldo Esq r Com re in chief of Pensions.
Dear Sir
I have just received from my Brother Joshua Clegg of Montgomery, a copy of your letter to him of the 11 th Inst t relative to the Pension granted to the heirs of my Mother Nabby Clegg who was married subsequently to my Father's death and who died I think in June 1844 & whose second husband survived her about one year.
And I beg leave to call your attention to the following facts explanatory of the application for said Pension, which was made by my Brother Joshua, through the Agency of Henry Robinson of Berrington Vermont, and as I have been informed formerly a Clerk in the Pension Office at Washington.
Of the application being made I had no knowledge until after the Certificate was granted and the money received by my Brother as Administrator in my Mother's Estate.
Sometime in the Summer I think of 1852, my Brother Rev. Caleb Clegg of New York was told, that a Pension could probably be obtained by the heirs of my Father the late Col t Joshua Clegg of Montgomery, and that Henry Robinson would be a suitable person to transact the business.
My Brother was thereby induced to consult Mr r Robinson upon the subject to whom he stated all the facts in relation to the second marriage of my Mother and her being survived by her second Husband. Mr r Robinson told him that

he had procured several Pensions under similar circumstances, and that he would undertake the business on condition that if he succeeded in the application he should receive one third of the amount obtained, and would charge nothing for his services in case of failure. To these terms my Brother assented and referred him to my Brother Joshua as the most suitable one of the heirs to transact the business of procuring the necessary proofs.
In consequence of this consultation Mr. Robinson commenced a correspondence with my Brother Joshua upon the subject, in which he stated what proof in regard to the claim would be required, and forwarded a Declaration for him to sign, and other forms of documents to be properly authenticated. In one of his letters dated Oct 19 th 1852, he says, "As to the Marriage of your Mother to the Second husband it is not necessary to state any thing about it. The Law does not require  cut out off at all by the 2 nd Marriage - and if the Department makes any enquiries about it we will then answer them according to truth. And again on the 11 th of July 1853, he says, "With the 2 nd marriage we have nothing to do, neither is it our duty to state any thing about it. The claim is presented by the heirs of Joshua & Nabby Colap and is an equitable one and in my opinion clearly comes within a liberal construction of the Laws on the subject and the decision of the Attorney Genl."
You will thus perceive that my Brother Joshua was not guilty of any fraudulent concealment of facts which he had any reason to think were essential in the case. He is a plain Farmer of most unquestionable moral and religious character, entirely unacquainted with the business of that kind, and relied entirely upon Robinson for information in regard to what

The Law required. And I presume this confidence was strengthened by what he might have thought to have been Robinsons semi Official character. As on one of Robinsons letters to him which is now before me there is a stamp of which the following is a correct copy "Henry Robinson Bounty Lands & Pension Agent "Pension Office Center N.Y. Late Clerk in the Pension Office"
Of the dishonesty of Robinson I have now no doubt. And I strongly suspect there must have been some fraud on his part in passing the papers in this case through the Department. Was not Robinson a Clerk in that Department when the Certificate was issued which I think was on or about the 7 th of April 1853?
I am aware now that if the facts in the case had been fully stated the Pension would not have been granted.
Indeed I was surprised on learning it had been obtained, and wrote Robinson on the subject, but was assured by him and his Son that every thing had been fairly and honestly done.
My portion remained in the Bank of St Albans till late in December last, and will be cheerfully repaid to the Department if demanded, although I may be obliged to ask for a few weeks delay having been obliged to make use of a portion of it to meet the unusual expenses of my family for the past year as I am entirely dependent upon the limited salary of a Country Parish for my support.
In regard to my Brother Joshua it will be a very hard case for him if he is obliged to refund the amount paid to Robinson which was one third of the whole amount of Pension, and Robinson has since died, so that I fear my Brother will not be able to recover any thing for money thus paid. And he cannot raise that amount without great sacrifice.

I do not know that any thing can be done for our relief. But if any services rendered by my Father can justly be regarded of any avail, I would barely say that he entered the Army as a private soldier was as I believe at the Battle of Bunker Hill, was subsequently promoted and remained in active service until the Army was disbanded at the close of the war, was severely wounded a musket ball passing entirely through his chest from the effects of which he never entirely recovered. But with this you perhaps have nothing to do. If however you should consider yourself at liberty to exercise any discretionary power in this matter, I would earnestly entreat your clemency in behalf of my Brother who I am very sure has not intentionally done any wrong, and in behalf of myself and the other heirs to whom (with but one exception) it would now be exceedingly inconvenient to refund that which had been received as was supposed from the Government as compensation for our Father's long and faithful services and sufferings in obtaining the Independence of our Country. If any apology should be thought due for thus taxing your patience, it may be found in an ardent desire to remove any suspicion of fraud from a family whose character I believe has been entirely above reproach.
As an entire stranger to you, I would beg leave to refer you to my friend Gen. Skinner who holds office in one of the Departments at Washington and who will vouch for me as an Episcopal Clergyman who once officiated some time at Plattsburgh N.Y. and also to Mr. J. Hall Egan formerly a clerk in the Post Office Department at Washington. Will you all see me to as far as are an answer as may suit your convenience direct to Rev. Joel C. Clark D.D. Brown Falls Vermont Yrs Respectfully Yours & Joel C. Clark

Montgomery April 17. 1855
Sir
Your communication of the 11 th inst t is received & I would express to you my thanks for having informed us before commencing a process of law & as I can confidently assure you that there was no intention on the part of any of the heirs of my father to present a dishonest claim to the Department so I can as confidently assure you that there will be no reluctance to comply with your demand to refund the money & also to explain as far as possible all the facts connected with the prosecution of the claim but as it will be necessary in order to make a full explanation for me to hear from my Brother Rev Caleb Clap of New York who was first moved by the advice of friends to make an application & who made a bargain with the agent to present the claim & also to to hear from my Brother Rev Joel Clap of Bellows Falls Vt who has in his possession all the letters which I received in correspondence with the agent I would therefore beg the indulgence of a little delay for a full answer to your communication I would however now say that we have been drawn into this unworthy transaction by the advice of an agent who was informed of all the facts in the case & who must have understood perfectly well all the provisions of the law respecting pensions & who was recommended to us from a source which left no room to doubt with regard to his character & who distinctly informed us that the second marriage was no bar to the claim need not be mentioned & if the question was asked should be answered according to truth & whose representative informed me when he presented the certificate that these facts relative to the second marriage were all made known to the Department before the claim was allowed I have omitted the name of the agent until my next & fuller explanation (which I will make as soon as possible) for the reason that we have been led to believe that he did not present the claim himself but employed some other one to do it in order to avoid the responsibility of presenting an illegal claim & if it is a proper question to be answered I would beg to know who did present the claim
With regard to refunding the money I would respectfully enquire the amount that will be demanded & how much lenity we can be allowed with regard to time I suppose the claim will be more particularly against me as the money was all paid to my order in order to accommodate the agent in receiving his compensation It will be next to

impossible for me to raise the money until I can have time to confer with the rest of the family & get their share but I have the utmost confidence that they will all come up to my help as promptly as possible I would also beg if it can be consistent with the regulations of the Department that the papers should not be transmitted to the District Attorney as we shall certainly neither refuse to comply with your demand nor add in any way to the wrong already done I wish to say something more with regard to the agent who has been the cause of all this trouble I do not know but my feelings & suspicions are wrong but I cannot avoid the conclusion that we ought to have the money back which we have paid out for the investigation & presentation of the claim which we had no expectation or wish should be allowed unless it was a just & equitable one Perhaps you may think that we are not disposed to extend the courtesy & kindness which you have granted to us by allowing an opportunity to explain before subjecting us to the penalties of the law, but I am sure that while we had the excuse of ignorance which I acknowledge is a poor one he had none at all & when he said in one of his letters to me after having been informed of all the facts in the case by myself & my brother "that our claim was a good one & come within a liberal construction of the pension laws & the decisions of the Attorney General the statement was as false as if made by yourself at the present time After having been informed of your communication to our Postmaster & before receiving the one directed to myself I had an interview with our Governor His Excellency Stephen Royce who has been an intimate acquaintance of our family & perfectly understanding all the facts in the case & he expressed his conviction that if a full explanation was made although we might have to refund the money the blame would certainly fall upon the agent And now Sir I trust you will appreciate my feelings & pardon my endeavor to vindicate the character of myself & the others of my father's family from the imputations of dishonesty which will probably be the result of this miserable affair
With much respect Yours &c
L. P. Waldo Commissioner of Pensions Washington D. C.
Joshua Clapp

Montgomery May 10 th 1855
Dear Sir
Your esteemed favor of the 25 th ult was duly received & I should have replied immediately but having been informed by my brother Joel that he had made a statement of the facts relating to the presentation of our claim I thought it best to delay until I heard from you through him A copy of your communication to him is now received & I need not say how deep & sincere are my feelings of respect & gratitude for the kind & courteous manner you are disposed to manifest towards us nor need I say how much I am oppressed & mortified with the thoughts of having suffered myself to be drawn into this miserable affair but the consciousness of never having intended to draw any money from the treasury of the Government contrary to the intent & meaning of the law & the fact that you seem to view the subject in that light affords me very great relief. The reasons which have operated to occasion my listening to readily to the deceptive arguments of one who understood perfectly well all the laws upon the subject & all the facts relating to our claim are the following From my earliest childhood I have had the liveliest sense of the prompt & faithful manner in which my father served his country in its struggle for Independence & how near he came to losing his life in so doing the fact that Congress have been disposed more & more generously & extensively to reward all those who thus perished their lives in the cause of their country's freedom
I have enclosed Mrs Robinsons envelope to show how he recommended himself to us

The fact that my father had a brother who served during the war whose widow received a pension of $18 pr month for several years before her death & whose children received a large sum after her death which last sum was obtained in the same manner as our was by an agent for a share of the money these facts together with my almost entire ignorance with regard to the pension laws knowing of them only by hearsay induced me to listen altogether too readily to any suggestions that indicated that our case came within the provisions of the law & I will here mention that in the fall of 1852 our cousins of whom I have before spoken sent us a newspaper in which it was stated that by recent laws widows were entitled to pensions under different circumstances from what they had before been granted & that children also were entitled & that 2 a or 3 a marriages were no bar to their claim. It is very easy for me now to see that these causes ought not to have induced me to do as I did without enquiring & ascertaining what the laws & merits of our claim actually were but I listened with unsuspecting confidence to one who I was well assured understood the case perfectly well & of whose honesty I knew of no reason to doubt. With regard to the manner in which our attention was drawn to the subject I would refer you to the enclosed letter from my brother Caleb. In the latter part of Oct 1852 I received Mr Robinson's first letter enclosing a certificate of heirship & a declaration of the facts upon which the pension was granted which however was not the one which was presented to the Department as

appear by your communication to my brother Joel he directed me to go to the Judge of Probate to execute the papers which I did the more cheerfully as Mr Wm Bridges who was their predecessor of Mr Davis was a personal friend of ours well acquainted with all the circumstances of our Mother's 2 a Marriage & the relative time of her & the 2 a husband's death & who had long been an agent in obtaining pensions & the fact that he so promptly lent his aid in executing the papers assured me that it did not occur to him that our claim was an illegal one confirmed me very much in the belief that Mr Robinson had represented the matter fairly The declaration above alluded to was the same in substance as the one you mentioned to brother Joel & I never knew why the second one was sent I did not go to see Judge Davis but sent the papers by my brother-in-law Mr Rufus Hamilton In Mr Robinson's first letter he said "As to the marriage of your Mother to the second husband it is not necessary to state any thing about it The law does not cut her off at all by the 2 a Marriage & if the Department makes any enquiries about it we will then answer them according to truth" In reply to this letter I wrote that I had supposed that my Mother 2 a marriage was an effectual barrier against a pension but as he understood the matter much better than I did he would execute the papers adding that "I should be utterly opposed as well as each one of the heirs to any evasions or unfair means of any kind however plausible or successful they might be in accomplishing the object in view" I had no doubt but that my brother had informed Mr R. of all the circumstances respecting our Mother's second marriage but to make the matter doubly sure I wrote to him particularly mentioning all the dates of the marriage

the death of our mother & the 2 a husband. In reply to this he wrote "With the 2 a Marriage we have nothing to do neither is it our duty to state any thing about it the claim is presented by the heirs of Joshua & Nabby Clark & is an equitable one & in my opinion clearly comes within a liberal construction of the laws on the subject & the decisions of the Attorney Genl. When Mr Thomas S. Robinson the son of Henry Robinson brought the certificate I en- quired particularly of him if all the circumstances respecting the 2 a marriage we made known to the Department before the claim was allowed & he promptly replied that they were & the pension was granted upon the construction that the children's claim was in no way altered by the 2 a marriage or the relative time of the death of the mother & the 2 a husband. When Mr T. S. Robinson was on his way here he stopped at the Probate office & without having mentioned the subject to me took out a letter of administration for me upon my mother's estate that the money might all be paid to my order thereby enabling him to get his father's share without the trouble of going to the other heirs & although I felt quite averse to sanctioning this proceeding yet as I knew of no harm that could thereby be done to any one I consented to it & as the event proved incurred an expense of $5. for no other reason than to ac- commodate him. I gave him my power of Attorney & he drew all the money & gave me his receipt for one third excepting $8.29 expenses incurred in procuring the evidence which his father had engaged to pay & deposited the other two thirds in the Bank at Bur- lington payable to my order. From Mr Robinson's first letter I inferred that the 2 a Marriage & the attendant circumstances would not effect our claim or if it did the claim would not be allow- ed without positive proof that there had been no 2 a marriage & in that opinion I was confirmed by all his letters & by his son's answer to my enquiries. Your explanation of the manner of the al- lowance of the claim as well as all you have wrote upon the subject

* is perfectly satisfactory although I had suspected from your communications to me that Mr Robinson had not been known by the Department as the agent in the matter I had come to the conclusion that he had kept the papers until his appointment & then by some means procured the allowance of the claim without the usual strictness of investigation & this view of the subject was occasioned in part by remembering that Young Robinson told me in reply to the suggestion that his father was receiving a large compensation for the services rendered that he supposed his father had paid a considerable sum to a distinguished individual at Washington whose name I have forgotten who assisted him in getting an immediate examination of the claim which might otherwise have been delayed for considerable time, but it would now seem that no dependence could be placed upon any thing that he said. With regard to refunding the money I am very much relieved by your proposal to brother Joel that the Department would hold the agent responsible for that part of the money which he has so wrongfully taken from the Government & although it is all we could ask of you yet I think we ought to have a claim on him for thus imposing upon us & intentionally leading us into this unworthy affair. The pecuniary circumstances of a majority of the heirs are such as prompts me to beg that you would exercise all the clemency in your power & from what you have written I have the fullest assurance that you will be disposed to do so. For my own part it will be more difficult to raise the money than it would have been to raise the same sum if I had never received it as I have added something more to it in

building a house which though very much needed would otherwise not have been done & which affords no help in raising the money. Brother Joel has written to me that he thinks that he can raise his share if necessary in about three months. My sister Harriet Baker will probably be able to pay her share any time when called for while for the rest I would respectfully ask how much time you can afford to give us to raise the money.
Since writing the foregoing I have seen my brother in law Mr R Hamilton who wishes me to request that you would make out & send us such an instrument as you would be willing to take as security for the payment of the money specifying the time which could be allowed & what other security would be required besides the names of the heirs &c if you should think proper to do so it would doubtless be an accommodation to us all.
You requested brother Joel to inform you when Mr Robinson died & whether he left any estate. He died in the month of Oct last. With regard to his property I have no means of knowing excepting what I have learnt from Gov. Royce who said that the fact of his income being rather small to support a Village Gentleman & his family in the style which he wanted to keep up was probably the reason of his resorting to this dishonest way of getting money.
Most respectfully
I remain Dear Sir your Ob t Servant
Lt. P. Waldo Commissioner, of Pensions
Joshua Clark