Revolutionary War Pension and Bounty Land Warrant Application File S. 13154, Benjamin Gorton, Continental (Conn.)

SERVICE
NUMBER
Continental (Conn.)
Gorton, Benjamin
S. 13154
carded
CONTENTS

1352 New York.
Emmon Gorton.
in the State of New Y
1st Mil. Stn, the Comp y comm.
Painted of the Regt command
Col. Baldwin in the Connecticut for two years
Inscribed on the Roll of Albany
the rate of 360 Dollars 00 Cents per an
commence on the 1 th day of March, 1834. Veno Augt 1836, when he died.
rate of Pension issued the 21 st day of Mar.
1850. and sent to A. Ray, Present.
Increased from $240.00
Pensionant. allowance ending
Payable to surviving children: 2. Elusia Confer, Elisha Gorton
Emilla Patton.
Joseph Gorton { Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. S. Chase Clerk
Ms E 7 Vol. 4 Page

State of New York County of Rensselaer } ss.
On this seventh day of August 1832, personally appeared before the Mayors Court of the City of Troy, in the County of Rensselaer and State of New York, Benjamin Gorton a resident of the City of Troy in said County, aged 74 years, who being first duly affirmed, according to law, doth, on his oath make the following declaration, in order to obtain the benefit of the provision, made by the Act of Congress passed June 7 th 1832. That he enlisted in the Army of the United States, in Sept. 1777 under Captain Immanuel Painter in Colonel Battrick's Regiment of Artificers; which regiment he joined at Danbury in the State of Connecticut, and with it marched to Fishkill in the State of New York; where he remained until discharged, on the 1 st of June 1779, by Colonel Sidney Hays, Deputy Quarter Master General - which discharge is lost. That at the time of entering the service as above stated and set forth, he was a resident of Norwalk in the state of Connecticut. - That after being so discharged, he remained at Fishkill, a clerk in the Commissary department, till the 1 st of December 1779. when he received, a commission or warrant, (and which is hereto annexed) as a field Conductor of Military stores, and under it was entitled to Captains pay. That he entered on the duties of this last mentioned office, at Fishkill, immediately on receiving the said warrant. That, with, and by virtue of, this warrant, he served as such field Conductor of Military stores, under John Ruddock, who was Deputy Commissary of Military stores, then stationed at Fishkill in the Department of Field Commissary of Military stores of which - Frothingham was Principal. - In this service was stationed regularly at Fishkill, attending to the duties of the Department of Ordnance in the Field. In the summer of 1780, was ordered by John Ruddock to take charge of, and did take charge of, the Military stores at Fishkill; which were, under the orders of General Benedict Arnold, shipped on board of sloops in the Hudson River; That he lay on board said fleet of sloops about two months, when Arnold deserted, and the stores were reloaded and stored near Fishkill Landing. In the spring of 1783 his station was altered to New Windsor, where he remained till the autumn of 1783, when the Army was disbanded; having thus served in his said office till the close of the war.
He hereby relinquishes every claim whatever to a pension, or an

annuity, except the present, and he declares that his name is not on the pension roll of any agency in any state.
Affirmed and Subscribed, the 8 day and year first aforesaid
Benj n Gorton
Archibald Bull Clerk
And the said Court do hereby declare their opinion that the abovenamed applicant was a revolutionary officer, and served as he states.
I, Archibald Bull, Clerk of the Mayor's Court of the City of Troy, do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Benjamin Gorton for a pension
In testimony whereof, I have hereunto set my hand & the seal of my office this Eighth day of August. A.D. 1839. Archibald Bull Clerk

State of New York } County of Rensselaer }
On this Twenty third day of February 1850 before me Charles W Root a Commissioner of Deeds in for the City of Troy in the County of Rensselaer (aforesaid) Personally appeared Ursilla Patton of the City of Troy, County and State aforesaid who being first duly sworn according to law - Deposeth, that she is the daughter of Benjamin Horton, deceased who was a pensioner of the United States at the time of his death, at the rate of Two hundred and Fifty Dollars per annum, under the act of Con- gress passed June 7 th 1832, on account of his revolutionary services. And that her said Father was an officer and a contractor of Military stores, as she believes, and that she has been infor- med and fully believes was entitled to a higher rate of Pension than he recei- ved at his death - and that she makes this declaration in behalf of all the chil- dren now surviving, to obtain said increase due him in his life time and now due his children - And she further says that her said Father Benjamin Horton died on the fourteenth day of August One

thousand eight hundred and thirty six in the City of Troy, County and State aforesaid, and that there are now sur- viving the following named children Eliza Confer, Elisha Gorton Drusilla Patton Joseph Gorton, and that they are his only surviving children and that each of them are twenty one years of age Subscribed and sworn
before me this twenty third day of Feb'y
Drusilla Patton
1880, Charles H Root Commissioner of Deeds Troy
I hereby revoke all authority here tofore given to prosecute said claims and give the same to Robert L. Lusk or any other one to whom he may entrust this application
Drusilla Patton
I hereby certify that the deponent Drusilla Patton is personally known to me and is the identical person above- named and that her statements are entitled to full faith and credit
Charles H Root Commissioner of Deeds Troy N.Y.

thousand eight hundred and thirty Six in the City of Troy, County and State aforesaid, and that there are now sur- viving the following named children Eliza Confer, Elisha Gorton Drusilla Patton Joseph Gorton, and that they are his only surviving children and that each of them are twenty one years of age Subscribed and sworn
before me this twenty second  third day of Feb'y
Drusilla Patton
1850, Charles W Root Commissioner of Deeds Troy
I hereby revoke all authority here tofore given to prosecute said claims and give the same to Robert L. Luskal or any other one to whom he may entrust this application
Drusilla Patton
I hereby certify that the deponent Patton is personally known to me
STATE OF NEW YORK, RENSSELAER COUNTY CLERK'S OFFICE, } ss.
I, AMBROSE H. SHELDON, Clerk of said County, do hereby certify that Charles W Root before whom the annexed Affidavit was made, and whose name is thereto subscribed, was at the day of the date thereof, a Commissioner of Deeds in and for said County, duly commissioned and sworn, and that his signature thereto sub- scribed is genuine.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of said County, this Twenty Third day of February 1850
A H Sheldon Clerk

State of New York County of Seneca Surrogate's Court
On this 27 th day of February 1850. It was proved by
the production of testimony satisfactory to said Court - That Benjamin Gorton a Prisoner of the United States died in the City of Troy, County and State aforesaid, on the fourteenth day of August One thousand eight hundred and thirty six and at the time of his death left no widow and the following are his only Sur- viving Children Eliza Gorter Elisha Gorton Drusilla Patton Joseph Gorton and that each of them are over twenty one years of age
In testimony whereof I have hereunto affixed my hand and the Seal of said Court this 27 th day of Febry 1850 G. J. Brien Surrogate

N o 5912 Benjamin Porton
admitted $240
Geo Gould of Lans NY

BRIEF in the case of Benjamin Patton -  of Troy Pensylvania in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? May as Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years. Months. Days.     Sept. 1777 enlisted As a Gen. Putnam Col. Baldwin Q.M. of Artillery   Dec. 1779 received a Com d as col d field commander of Military Stores John Gaddock deputy Commissary of Military Stores   Summer 1780 was ordered to take charge of the Military Stores at Fishkill    Served till the close of the War
5. In what battles was he engaged?
6. Where did he reside when he entered the service? Norwich Conn t
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
Documentary Proof
8. Are the papers defective as to form or authentication? and if so, in what respect?  No thing passes thro' them and under the Seal
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. Reintzel
Examining Clerk.

B Gorton Warrant
Henry Boston comm. 1818

By the BOARD of WAR and ORDNANCE of the UNITED STATES of AMERICA.
To Benjamin Gorton Gentleman
WE, reposing Trust and Confidence in your Capacity and Fidelity, do (by Virtue of the Authority to us given by Congress) nominate and appoint you to be a Conductor of Military Stores from the first day of December 1779
to serve in the Army of the United States or any Detachment thereof to which you shall be assigned. You will therefore execute the Trust reposed in you by diligently performing the Duties of your Station agreeably to such Regulations of Congress as do or shall relate to the Department of Ordnance in the Field. And you are also to observe such Orders as you shall from Time to Time receive from Congress, this Board, the Commander in Chief, or Commanding Officer of the Troops with which you are to act, the Commanding Officer of Artillery, or principal field Commissary of Military Stores (For which this shall be your sufficient Warrant.
GIVEN under the Seal of said Office at Philadelphia, the first day of June A. D. One Thousand Seven Hundred and eighty one and in the fifth Year of our Independence.
By Order of the Board,
Richard Peters
Entered in the Ordnance Office and examined.
ATTEST.
J. Colton
Secretary.

Rev. War
13154 INVALID.
am
File No. 13154
Benjamin Gorton Cond. Vol. St. Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 146
[Arrangement of 1870.]

1352
Copies 186.
Name: Benjamin Horton Rank: Corral of Mil. Horse. Comp'y 1st Inf'ty. Painters Reg't: Col. Baldwin. Conn. line
_____ } Agency.
RATE PER MONTH, AND DATE OF COMMENCEMENT.
1st { 240 Dolls. Comm'g March 4. 1831. Issue { November 2. 1832 2d { 560 Dolls. Comm'g March 4. 1831. Issue { _____ 3d { _____ Comm'g _____ Issue { _____
DATE OF CERTIFICATE, AND TO WHOM SENT.
1st { _____ Sent to Gen. Gould Issue { _____ 2d { _____ Sent to A. Ray Issue { _____ 3d { _____ Sent to _____ Issue { _____
Act 14th July, 1862. Bk. G., Vol. 4., Page 27 Registering Clerk: J. B. Chase.
Disability. { _____

In letter to Hon. L. Cap. Jan 16. 1834.
do to Genl Wood 28 Oct '35
do to Hon Henry Johnson 31 Dec 35
A Ray 11 Feb 1836
Dead — Paid at the Treasury under the Act of the 6 th April 1838, to Elisha Gorton and ten heirs from 4 March 1836 to the 14 th August 1836 — the day of said Pensioners death
A. Ray Esq. Nov. 23. 1840, Hon. C. R. Forsitt Dec. 8. 1840 do. to A. Ray, Jan. 23. 1841 — do. same Dec. 23. 1842 — See letter to Sec. War 13 March 1843. also to A. Ray March 14. 1843. Sec. of War decided against ap l for increase Dec. 18. 1840 & 13. March 1843. See letter to A. Ray 5 April 1844 — do. to Sec. of War Jan. 27. 1847 —
1352
New York
Benjamin Gorton dec d of Troy Reg. in the State of New York who was a Comd d of Musket Comp y commanded by Captain Painter of the Reg t commanded by Col. Baldwin in the Connecticut line for 2. Years
+ Continental.
Inscribed on the Roll of New York at the rate of 21.00 Dollars — Cents per M th to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 2 nd day of 1832 — and sent to Geo. Gorton
Arrears to 4 th of September 1832 $18.00 Pemi=ant. allowance ending 4 Mar: '33 12.00 $30.00
{ Revolutionary Claim { Act June 7, 1832.
Recorded by Geo. C. Niles Clerk, Book D Vol. 5 Page 92

Mar 9 1848 Resp Case, Bury Boston, etc
W. Ames FREE 25 3/4
Dehon - James D. Howard Com. of T. Garrison Washington

Set to Mem. lib. & Macey April 5 '47
Set to Alex. Ray June 7th Day

Benjamin Gorham act 32 an alty. Role
See letter to Sec. War, 13 th March 1843—
Let. to Hon. Sec. War 6 th Feb. 1844 in. to J. A. Ray, Dec. 8. 1846. let. 21 March 1850 to J. Elving.
11 papers sent to his son Feb 26 1864

Benjamin Gorton, Conductors Military Stores, 1832, N.Y. (Chas. Treat, " 20 606 " " " " " Return 1352 W. Laddison

Benjamin Gilpin Alabama Admitted Suspended
Per let 27 th Janus 1838 No - D. M. Lewis. do. to Same Jan. 31. 1838
500 1781 51 1062 75 1837

Reports upon 3 ap feels in this case GMC

[Scribble] Alex Ray Esq Georgetown Philadelphia near Washington

Troy New York Nov r 1 1835
Dr Sir
I have appointed Mr Alexander Ray my Attorney to adjust my Pension to increase I am Perswaded I should have More. I have never recu d one Dollar during the whole of my long Service but Sacrificed the little Landed Interest my father left me and have Strugled my life through thus far and have never recu d my first dues of the Government I so faithfully served, Please to consider Mr Ray my agent I remain your Obed t Servant Benjamin Gorton
Lane L. Edwards Esq Comm r of Pensions Washington

Dear Mr. Porter
Feb. 6. 1844

SR
Pen 4 Feby 8 44
I have the honor to submit to you Mr. Rays letter of appeal with its enclosures in the case of Benjamin Gorton dec d and to call your attention to my report of 13 March '43 to which I will merely add that the last item in the transcript from the Register's Office upon which Mr. Rays appeal is exclusively based is a balance due Gorton (on what account is not shown) on 11 March '82 - There can be no doubt if his pay was included in that item his rations & emoluments were also - and if so, Mr. Rays calculation of his pay as a measure of monthly pay
Gen. J. M. Porter Secy of War

Copy of a letter from the Pension Office, dated December 8 th 1840 to the Hon. J. R. Bennett, Secretary of War, respecting the case of Benjamin Gorton.

Copy
Pension Office.
December 8 th 1840.
Sir.
Agreeably to the request of the accompanying letter of Mr. Ray, I have the honor to inform you that my opinion in the case of Benjamin Gorton remains unchanged, and to submit the following Statement for your consideration and decision.
Benjamin Gorton was a private of Baldwin's Regiment of Artificers from September 1777 to December 1779, when he procured a substitute, and was appointed a Conductor of Military Stores, in which capacity he served more than two years. He was inscribed upon the roll of pensioners under the act of 7 th June 1832, at the rate of Two hundred and forty dollars per annum, which is the full pension of an Ensign. The act provides a ratable pension according to the length of service, to be ascertained by the full pay according to rank in the Line, not exceeding that of a Captain. As this is a Subordinate Staff appointment, not exceeding the rank of an Ensign in the Line, that rate of stipend has been awarded to Claimants serving in that grade.
With respect to the pay of Forty dollars per month, it may be remarked that at the time he was paid, the appreciation was about four for one. It also appears by the Treasury record that at one time he received Ninety dollars for two months pay, which shows

a fluctuation that renders his pay too uncertain for a standard of adjudication.
This is the fifth application for an increase of pension in this case, and with the full knowledge of the Treasury record of the final settlement of Gorton's account to which Mr. Ray refers in his letter of 11 th Ult o it has been resisted.
I have the honor to be, Very respectfully, Your Ob t Servant, (Signed) S. L. Edwards
Hon. J. R. Poinsett, Secretary of War

Copy of Benjamin Gorton's account from the Register of the New- ry.
Heavens Pay Bill Report
Ms. A. 9. 2. 10

Treasury Department Registers Office June 8: 1846
Sir
I enclose agreeably to your request, an Extract from the Revolutionary Records, showing the settlement of Benjamin Gorton's account, which indicates the monthly pay, at which he was settled for, in specie - to wit - $45 -
I am respectfully yours ob. Serv N. Gilmer
Hon. Pay Eng

Washn. March 3/43
Alex. Ray. -
Submits claim of Benj. Gorton for an increase of pension.
R44. See Mch 6/43 Pension Office Report.
Hon. J. B. Spencer Secretary of War - and

Washington
March 3 rd 1823
Sir
I submit with great deference for your decision the case of Benjamin Horton late of Troy New York, pensions under act of the 7 June 1832 at the rate of $20 per month as a conductor of Military Stores in the war of the revolution, for an augmentation of pension at the rate of $40 a month on the ground that he received that amount of pay while in the line of duty. The claim made to an increase having been disallowed by the commissioners of pensions.
The point to be determined in this case is, whether the pension of Benj. Horton an acknowledged conductor of Military Stores in the war of the revolution is, or is not to be adjusted according to the amount of pay allowed to an officer of that grade, under the resolution of Feb y 11. 1778. to wit: at $40 a month [ Journals of Congress vol 11. page 439].
The justice of the principle seems to me to have been already established, that where the rate of pay to an officer of any grade is fixed by Congress - and the claimant produces satisfactory evidence of his appointment and the duration of service, it should be deemed sufficient to rate a pension under the act of June 7 th 1832, according to the pay of such officer not exceeding in any case the pay of a Captain of Artillery. And this opinion would appear to be sustained by the letter of the commissioners of pensions, addressed to you on the 6 th of June last, in the case of Mr. Ann. Rewalt whose claim was rejected because it did not appear, by the journals of Congress, "of the actual allowance made to an assistant deputy paymaster Genl. The commissioners in his report to you in Mr. Rewalt's case the widow, of an assistant capt. Paymaster Genl. assigns in express terms his reason for allowing Emanuel Gorylli's widow

a pension of $40 per month, because Congress on the 14 th May 1777 fixed the pay of a Forage master at $40 pr. month The commissioner report of the 6 th June last in the case of the widows of Rewalt and Congell was sustained by your decision. And upon the same just and equitable principle an increase is claimed, in right of Conductor Gorton — under the resolve of Congress 11 Feb 1778. at the rate of $40 per month, as allowed to the widow of Forage Master Emanuel Congell under the resolve of the 14 May 1777.
The question is respectfully submitted for your consideration. and,
I have the honor to remain Sir.
with the most profound respect.
Your Obed. Serv.
Alex. Ray
as attested in fact. —
Hon d . J. C. Spencer Secretary of War.

No 3
Copy of Benjamin Gor- ham's Account.

Registers Office, New York 28 th September 1786.
Military & Ordnance Stores Department - Specia. D r To Benjamin Fenton late conductor of Military Stores his account in Specia, For one thousand two hundred and twenty two dollars & sixty three ninetieths of a dollar, being the amount of said Fenton's account, settled at the Treasury the 17 th June 1786, $1,222 63
Benjamin Fenton, late conductor of Military Stores, his account in Specia - D r To Sundries. To Specia arising from old account &c. For the value of 120 Dollars P. C. that he received of John Ruddock, 1 77 To Richard Southingham, Deputy Commissary &c, For two months pay received of him, 90 " To General account of clothing For so much clothing received by him, 38 10 To Funded debt, For one thousand ninety two Dollars \frac{66}{100} funded by said Fenton, being the balance due to him the balance due to him and for which a certificate was issued ye 23 In- -terest on interest from 11 th March 1782 & In- -terest to his credit in M. B. B page 1,092 66 $ 1,222 63
as Treasury Department
Registers Office June 8 th 1846
I certify the above to be a true extract of an entry on page 3132 of Blotter No 9. of the old Government records, filed in this office.
(Signed) R. H. Gillet Registers

No. 3.

Registry Office, New York 28 th September 1786.
Military & Ordnance Stores Department - Species Dr. To Benjamin Gorton late Conductor of Military Stores, his account in Species -
For one thousand two hundred, twenty two dollars & sixty three ninetieths of a dollar, being the amount of said Gorton's account, settled at the Treasury, the 17 June 1786. $ 1222 63
Benjamin Gorton, late Conductor of Military Stores - his account in Species - Dr to Sundries
To Species arising from old emulsion etc.
For the value of 120 Dues, C.E. that he received of John Ruddock
1 77
To Richard Frothingham, Deputy Commissary etc.
For two months pay received of him
90 ,
To General account of Clothing
For so much clothing received by him
38 10
To Funded debt
For one thousand, ninety two Dollars, \frac{66}{90} Funded by said Gorton, being the balance due to him and for which a Certificate was issued ye 23 Instant on interest from 11 March 1782. Deduct to his credit in V.B. 13 page
1 092 66
$ 1222 63
Treasury Department - Registry Office June 8, 1846
I Certify the above to be true extract of an entry on page 3132 of Blott No 9, of the old Government records filed in this office -
N. H. Gilt Register

Abstract of Certificates of Registered Debt presented at the Office of the Auditor of the Treasury by Gerrit H. Lansing in pursuance of an act of Congress passed on the 13 th day of June 1798—

Benjn Gorton dec d
NY.
Act 7 June 32
increased
2 yrs conductor of N.Y. Store

Registers Office New York 28 September 1786
Benjamin Forster late Conductor of Military Pay
His account in Specie Dr  To Funds in Specie  To specie arising from old Emmissions &c  For the value of 120 dollars C.E., that he received of John Ruddock . . . . . 1. 77  To Richard Brothierham Deputy Commissary &c  For two months pay received of him . . . . . 90. 00.  To General account of Clothing  For so much Clothing received by him . . . . . 38. 10.  To funded debt.  For one thousand ninety two dollars \frac{66}{90} funded by said Forster, being the balance due to him, and for which a certificate was issued N o 23 instead of Interest from the 11 March 1782, & entered to his credit in M.B. 73 page    1092.  66    1122.  63  
Treasury Department
Registers Office 9 November 1835
I do certify the foregoing to be a true Extract from Blotto No 9. page 3132, one of the books of the Revolutionary Government of record in this Office
J. Smith Regs.
Am

2162

Register's Office New York 28 th September 1786.
Benjamin Gorton late Conductor of Military Stores
  His account in Specie, Dr. to Sundries in Specie.      To Specie arising from old Emptions &c      For the value of 120 Dollars C.E. that he rec d of Mr Ruddock  1.77     To Richard Frothingham Deputy Commissary &c      For two months pay received of him. — — — —  90.     To General account of Clothing      For so much clothing received by him. — — — —  38.10     To Handled Debt.      For One thousand ninety two Dollars \frac{66}{90} funded by said Gorton being the balance due to him: and for which a certificate was issued y e 23 rd Instant on Interest from the 11 th March 1782 & entered to his credit in W.B. B. page. — — — — —  1.092.66       1 222 \frac{63}{90}  
The above is a true extract from the Records of this Office. The account was settled on a Specie basis -
Treasury Department Register Office
Dec. 22. 1843
Thurber Reg.

Issue new certificate payable to John Thomas Adams

State of New York } County of Rensselaer } ss.
I, George T. Blair, Surrogate of said County, do hereby certify, that on the 27 th day of October 1836, John Thomas was appointed administrator of the estate of Benjamin Gorton late of the City of Troy in said County deceased, and that the letters of administration to the said John Thomas as such Administrator still remain in full force unrevoked and unrevoked, and I further certify that satisfactory evidence has been exhibited to me to show that said Benjamin was a pensioner of the United States under the act of Congress passed 7 th June 1832 at the rate of $240 per annum at the time of his death.
In testimony whereof the seal of the Court of the Surrogate of said County & my signature as such Surrogate is hereunto affixed. G. T. Blair Surrogate

Payment to be made at Albany by T. W. Clark Agent for paying pension- ers, in the Agency of New York
Recorded in the Pension Office, in Book C 2 Vol- ume 41 Page 27 by
J. P. Chase Clerk.

DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
Increase.
I certify that, in conformity with the law of the United States, of the 7 th June 1832, the pension of Benjamin Gorton dec d . late of New York, who was a Conductor of Military Stores in the Revolution, has been increased from two hundred and forty dollars to five hundred and sixty dollars, per annum, commencing 4 th March 1831, and ending 14 August 1836, when he died.
The present is due and payable to his only surviving children, to wit, Elvira Confer, Elisha Gorton, Phebe Patton, and Joseph Gorton, after deducting what has been paid, at the rate of two hundred and forty dollars, per annum.
Given at the Department of the Interior, this 21 st day of March one thousand eight hundred and forty-five.
F. Emory Secretary of the Interior.
Examined and Countersigned. }
J. Edwards
Commissioner of Pensions.

Washn. Jan'y 6/44
Alex Ray.
Submits addl. evidence in case of Mary Gorton, for an increased pension.
R162. See Jan'y 6/44
Pension Office
W. A. Ray, Apd. 5. 1844
Buy Gorton Comr of Pensions Please to send all the papers in this case D. P. Park July 25.

Washington
Jan y 5 th 1844
Sir
With great deference, I beg permission to be allowed to submit additional evidence in the case of Benjamin Gorton deceased, with the hope of producing a more favorable consideration than it has received by you.
I trust it may not be considered as uncourteous in me in presuming that the only ground of your decision of the 14 th of March last, was the reason alleged by the Commissioner of Pensions in his report to you on the preceding day. Where in will will perceive it is stated "the deceased pensioner was allowed a pension at the rate of $240 per annum. for two years service as a Conductor of Military Stores." and his report is concluded as follows. "Unless it can be shown that Gorton was paid $40 per month in Specie, I cannot see how the Department can increase his pension to that amount."
I shall endeavour to show that said Gorton for his services in the war of the revolution was paid 40$ a month in Specie. "On the 1 st Sept 1779. he received an appointment as a field Conductor of Military Stores from the board of war and Ordnance of the United States, which appointment is now lodged in the War Office." and it admitted by the Commissioner of Pensions that he served in that capacity for two years . No longer period of service is required under the act of June 1832.
The transcript from the Register Office Treasury Department exhibits a settlement made with Gorton as a Conductor up to the 11 March 1782. a period of Two years, Three months & ten days from the 1 st Sept 1779. when he rec d his appointment. The time being calculated as $40 per mo. (agreeably to the resolve of Congress Feb y 1778) amounts to $1,092. 6 as will appear by the Register certificate, and the ipse of the Funded Debt certificate. And
Yours

you will further perceive the Register certifies "the account was settled on a special basis.
As it is shown that the United States settled with Conductor Boston for his services up to the 11 March 1782, and upon a special basis, calculated at the rate of $40 per mo. Is it not to be considered as available evidence now. for an increase of his late pension at the rate of $40 per mo. claimed under the act 7 June 1832. up to the time of his death.
I most respectfully submit Sir, to your judgment the right of my constituents claim upon the evidence now exhibited.
And have the honor to be with high regard
Your most
Or. Serv.
Alas. May
Note
The commission report to you, & your decision in this case in March last. is herewith enclosed.
Hon d . James M. Porter Secretary of War Washington

June 17. 1846
Adams, com
Benj. Gorton.
I do not find any appeal to the law of war in this case W. S. Webb.

Washington June 17 # 1846
Sir,
As far back as 1834 Benjamin Forton a pensioner on the Albany agency under Act 1832 at the rate of $240- per annum, made application for an increase of his pension, claiming as a conductor of Military Stores, he was entitled to a pension according to the amount of his monthly pay.
In your report to the Secretary of War Jan y 16 th 1834, you state that Benjamin Forton was a conductor of Military Stores and for such service is paid at the rate of $20 per month. &c. &c. the service for two years is admitted.
The ground of objection to the allowance claimed was that, "According to the established rules in such cases, he cannot be paid at the rate of $40- per month, unless he can show that he held the rank of Captain," and again, "If he received $40- per month during the revolution it must have been in consideration of the depreciated value of the paper money."
Having at the time, entertained a different view of the case than you presented, a respectful appeal was taken from your decision to the Secretary of War, in behalf of my constituents then living; Your report in the case having been adopted by the Secretary the claim was rejected.
As late as April 5 th 1844, in your letter of that date, I was favored with a copy of Secretary Wilkins remarks, in which he refused to disturb the decision of his predecessors in this case.
In bringing the claim before again upon its merits, the fact which influenced me to do so.

will be concisely given. It is also evidence which was deemed sufficient by you, in two parallel cases and subsequent to the decision of the Department in this case. I hope, therefore, it may not be con- =sidered by you, as un courteous, or disrespectful in me, in re-opening the application upon the facts now presented, to wit:
Charles Treat was a pensioner under Act 1832 Albany agency, at the rate of $215. 32 per annum, Upon application being made for an increase of his pension as a conductor of Military Stores. And in support of his claim a transcript from the Registers of the Treasury was furnished paper mark- =ed No 1. It is shown in the first item of the account that said Treat was allowed for pay, from the 16 th June to the 30 Sept th 1782 $699. 45 (being 15 1/2 months service at $45 per month,) upon con- =sideration, this evidence was deemed unjustly sat- isfactory to you, to grant an increase of pension as a conductor of Military Stores at the rate of $45. per month,
In the case of Lois Sweetland widow of Aaron, Act 1838 Albany agency, paper marked No 2, shows that Aaron Sweetland late conductor of Military Stores was settled with, for balance of pay due him up to 1 st Oct br 1782; this settlement having been made by the Treasury, the day following the settlement with Charles Treat, was considered as satisfactory evidence (as Charles Treat and Aaron Sweetland held the same appointment ) they were paid at the same rate, and the pension to Lois Sweetland was therefore granted at $45. per month for the service of her husband as conductor of

Military Stores, according to the resolve of Congress 12 th Jany 1781. Journals Vol 3 page 365 fixing the pay of conductor of Military Stores at $45 per month,
In view of these facts, and the evidence presented in the case of Benjamin Sinton No. 3. from the same acknowledged authority, showing as you will perceive, in the settlement that R o . Frothingham Deputy Commissary of Military Stores. is charged with $90 ± It being expressed for two months pay received of him , thus showing the pay was in conformity with the sum fixed by the re- -solves referred to, and the practice of the Treasury Department in Oct 1782, and was recognized by you in the allowance of Treat, and in the case of the widow of Aaron Shattard, see paper No. 132.
I would beg here to present in addition, a letter from the Register of the Treasury No. 1. it shows as you will perceive that, that official's opin- -ion is "the settlement of Benjamin Sinton indicates his monthly pay to have been in Specie $45 per month", thus confirming your own views, in the allowances already made.
All of which, seems to me, not only to be sufficient ground for a review of the claim, but an allowance, in conformity to your decision in the cases of Charles Treat, and Aaron Shattard , late conductors of Military Stores.
In submitting the question I remain Very Respectfully Your Most Obedient Serv. Ray
James L. Edwards, Esq. Commissary of Pensions War Department
(One of the Rev. S. Ray, has since the estate of Rev. Sinton)
+ account finally settled, with Rev. Sinton 1, June 1782.

Washn. Dec 21/46.
Alvin Ray.
Appeals on cases of Benj Gorton and Louis Sussland.
R. 176. Dec Dec 22/46.
Prison Office appeal.

Washington Sept 21 st 1846
Sir
Permit me respectfully to solicit your indulgent consideration, of a case, where a pension has been allowed, and suspended under act July 7. 1828.
I shall endeavor, as concisely as possible, to present the only point upon which the merits of the claim rest, for your decision, examination and beg your decision.
During the year 1840, the undersigned as attorney in fact for Benj. Horton, a pensioner on the New York roll act 1832 at the rate of $240 per annum. Made application for an augmentation of his stipend; on the ground, that the journals of the Continental Congress, fixed the pay of a conductor of Military Stores at a higher rate of pay, than granted in the allowance of his pension.
The Commissioner rejected the increase then claimed, under the view that a conductor of Military Stores, "is a subordinate staff appointment not exceeding the rank of an Ensign in the Line & that at the time he (B. Horton) was paid, the depreciation was about four to one. It also appears by the Treasury record, that at one time he received $90 for two months pay, which is a fluctuation that renders his pay too uncertain for a standard or adjustment." This report was made to the Hon. J. A. Poinsett Secretary of War on Sept 8. 1840. and adopted by him, a copy of which is herewith enclosed, marked N o 1.
Subsequent, however, to this decision other cases have been presented claiming pensions for similar services, as Conductors of Military Stores and allowances have been made at the rate of $45 per month, upon an exhibit of transcripts from the Register of the Treasury, showing that class of Officers were entitled, then paid to, and were settled with, for their months pay at 45 c in specie.
It is Sir, upon the same exhibit of evidence, that the cases of other Conductors of Military Stores & their widows, have been allowed pension at 45 c per mo. in connection with a recent report made by the Register of the Treasury in Conductor Horton's case, showing an item of pay for two mo s at $90 and the settlement of his account in specie, which induces me to renew the application in his case for a like allowance.

With the view to place the subject fully before you, beg to refer to the journals of Congress vol 11. page 439: we find under the resolve of Feb y 11. 1778 the pay of a "Conductor of Military Store was fixed at $40 p m mo & 2 rations. Feb y 18. 1779. vol 3. page 202 a 5. Congress in making a new arrangement of the Department of Ordnance, again settled the pay of a Conductor at $40 p m mo. 10 dollars subsistence & 1 ration.
By the resolve of Jan y 12. 1781. page 565: The pay of the officers in the Department of Military Stores, and other Staff Officers, was increased, over the allowance fixed by the resolve. 1778 & 1779. to wit: A Conductor of Military Stores from 60 to 70 p m mo: and the pay of a Conductor from $40 to $45 p m mo: payable in bills of the new emission . To be so perceived, as no subsistence was granted under this resolve, the additional monthly pay of $5. was in lieu thereof.
By the same resolve we find "That the additional pay to ad. d. Camps, brigade Majors, adjutants, and regimental Quarter Masters be considered as fixed in specie and the same be drawn in bills of the new emission. Again we find -
"The pay of a regimental pay master and Clother, in addition to his pay in the line, be $30 per mo: in bills of the new emission , as being in specie .
The bills here referred to was issued in pursuance to the resolve of the 18 March 1780 vol. III page. 442
We have here direct Legislation, that the pay of the officers of Ordnance Department at the increased rate, & to be paid in the bills of the new emission and the additional pay to the officers of the line, for service in the Staff be. "considered as fixed in specie , & drawn in bills of the new emission, which was considered as in specie in the last final settlement of their accounts, and as given by the register books:
Having endeavoured to show, by the journals of the old Congress, the pay of Conductors of Military Stores from 1778 to 1781 to have been fixed at 40 p m per mo: and on Jan y 12. 1781 at 45 p m per mo. we shall bring to your notice record evidence, that in conformity with the last resolve, Conductors were settled with at $45 p m in specie.
Paper marked N o 2 is a copy of a statement made with "Charles Heat late Conductor of Military Stores in specie" the first item presented an allowance to him for pay from 16 June 1781. to the 30 Sept. 1782 - of $697. 45 It being 15 1/2 months service & 45 p m per mo pay, brings the amt.

Upon the presentation of this evidence, by the undersigned, being a transcript from the Books of the register of the Treasury, The Commissioners allowed said "Heats" pension at the rate of $45 per mo:
No. 3. Shows a payment to "Aaron Sweetland late Conductor of Military Stores" amounting to $583. " being a balance of his pay to the 16th 1782. Upon this exhibit in connection with the service set forth, the widows claim was allowed, as in the case of Conductor Heats at the rate of 45 ¢ p mo:
These allowances having been granted, agreeably to the pay fixed by the resolve of 1781. and subsequent to the rejection of the claim of Benj. Gorton, the undersigned renewed the claim, on the ground of the pensions granted, in the cases above referred to, and upon a report made by the Register of the Treasury, that said Gorton's account was settled in specie , including an item therein, showing he was paid for two months service the sum of $90. which conforms to the monthly pay to Conductors of Military Stores, Upon this application being rejected: Mr. Lois Sweetland widow of Aaron. Conductor of Military Stores under act 1838 was suspended. See the Commissioners letter of 5. he says in the case of Benj. Gorton. "My opinion as expressed in my letter to the Secretary of War Sept 8. 1840 remains unchanged."
This letter as you will perceive urges two reasons against the allowance, first, because as it is alleged, "the appointment of a Conductor of Military Stores is a subordinate staff appointment not exceeding the rank of an Ensign," and again because, "at the time he was paid the depreciation was 4 to 1."
A single remark may relieve the case from the embarrassment that a Conductor of Military Stores did not exceed the rank of an Ensign. We find by the resolve of Feb 11. 1778. after the pay of the officers in the department of Military Stores was fixed, it was directed " That in future no rank be annexed to the officers in the department except those belonging to the regiment or artillery "
It is here shown a conductor held no rank, a pension in such a case by the established rule of the Pension Office is, where an officer has no rank in the line. an adjustment of his pension is made according to his monthly pay, not exceeding in any case the pay of a Captain

The Commissioner's second reason, for not allowing the amount of pension claimed is that, "at the time he was paid as a conductor of Military Store the depreciation was 4 to 1". Such an argument seems to me not only to be a departure from his rule of order, but from the soundest principles of Law and equity, The true and liberal principles seems to me should be, to rate a pension in conformity to the pay fixed by Congress. or upon a shewing of the settlement on account of the monthly pay.
Charles Heat, late conductor of Military Store's was paid for services to Oct. 1. 1782 Aaron Smeetland late conductor. " was settled with same date - " " Benj. Gorton late conductor. " to March 11-1782. as shown by the Register of the Treasury Certificate. copies Nos. 2, 3 & 4.
Is it to be supposed then, while conductor Heat, was allowed in the settlement of his account for services to Oct. 1. 1782. at 45¢ per mo. in specie ; that both conductors Smeetland, and Gorton, were paid at the same time, and year, and by the authority , in depreciated continental money; such an inuendo, it appears to me, would have no foundation in justice, or in principle. We maintain, that conductors "Heat", "Smeetland", and "Gorton" were paid as late conductors of Military Stores , under the resolution of Jan y 12. 1781. 45¢ per mo. in bills of the new emission , and in the settlement of their accounts, the bills referred to were, regarded, and accounted for, as specie
The three conductors of Military Stores were in the New York continental service, And to show the payments to the same class of officers were uniform , I respectfully submit, an original settlement of persons employed in the State of Virginia , a record - (borrowed for your inspection) and by which is shown, that conductors of Military Stores were "paid per month 45¢" thus confirming by further documentary evidence the pay of that class of officers in different States , in the same year; as authorized by the resolve of Jan y 12. 1781.
If it be decided, that the evidence submitted, and the resolves referred to, satisfactorily show, conductors of Military Stores were entitled to receive pay at the rate of $45 per mo: then it follows: that

that, Benjamin Horton is entitled to an increase of pension equal to that rate; and the pension of the widow of Aaron Sweetland should be restored to the amount first allowed.
In closing this appeal would respectfully state, that a Conductor of Wagons is considered as being entitled under act June 7. 1832. at the rate of $40. per Mo: the pay fixed by the journals of Congress. The duty and responsibility of a Conductor of Militia Stores , will, I think, be admitted to be at least equal, if not a higher order of appointment, than a Conductor of Wagons .
all of which is submitted with great deference for your consideration and decision.
I have the honor to be Sir Your most. Obedient Servt Alonzo N. Day
Hon. W. L. Marcy Secretary of War.

1. Sept 1842. Cour
James L. Edwards Esq. Commissions of Pensions War Department

17. Washington Sept. 1. 1842
Sir/
Under the decision of the Hon d Mr. C. Spencer Secretary of War of the 6 th June last, in the case of Mrs Ann Rener for an increase of pension under act 1836, (in the application it was stated that the Washington papers deposited at the State department affords evidence that John Rener was paid $80 per month.) The Secretary regarded the "Washington papers" "as very equivocal evidence" and decided that the resolution of Congress of 14 May 1777 as fixing the pay of Forage Masters at $40 per month.
I have respectfully to ask, to be informed if a conductor of Military stores under the decision is not also entitled to the same allowance of pension as a Forage Master, and a conductor of Waggons.
The resolution of 11 Feb 1778. nine months after the 11 May 1777 fixes the pay of conductors of Military stores at $40 a month. The enquiry is made in the case of Benj. Gorton late of Gray Stone Fork, under the act 1832. as conductor of Military stores. by referring to the papers you will find I am the agent in the case.
very respectfully Benj. Gorton Ag. R. Ray

Benjamin Gorham
Dec 30
My dear
To the Honorable Henry Johnson Representative in Congress from Louisiana
6-7-10 Johnson H.R.
Washington City.
P.

Governor Johnson
Dr. Sir - I regretted I could not return by Washington City so as to have paid you a visit, more especially as I would have been glad to confer with you relative to a claim of my father's for revolutionary ser- vices - he entered at the commencement of the revolutionary war as five major and served as artificer, clerk and finally as conductor of military stores to the end of the war, for which he was paid in continental money, - he kept it five years for the redemption of government and then though his receptacle was obliged to sell it at two shillings and two pence in the pound - we think government will make up the deficit if properly represented - a bill for that

Jurpen will be introduced by the number from Troy in the State of New York where my father resides and I call your attention that you may give your friendly aid in its support - his claim adding interest at 5 pr. ct and deducting 1400 $ amt. of two and two since on the bond for the continental certificates leaves the claim 6859 $ 13 cts. which is justly due and which my father stands much in need of to support his large family -
Father has been allow d 20 $ pr. mth as a pension but he ought to have 40 $ that was his pay when the army was disbanded as you will see by the certificates in the office of the Secretary at War - If you can correct this error you will confer an additional favour on your friend and most obedient humble servant
Alexandria (La.)
Geo. Porten
Nov. 26, 1895
Father's name is Benjamin Porten

16 Pension Office April 5 th 1847
Commission of Pensions
Report in the case of Benjamin Gorton, dec d .
“ ”

Pension Office, April 5 th 1847.
Sir,
I have the honor to return you Mr. Ray's letter of appeal and its several enclosures, in the case of Benjamin Gorton, deceased, and the widow of Aaron Sweatland, in which the only question is the rate of pension to be allowed a Conductor of Military stores.
This question has been, upon various appeals to your predecessors in the case of Gorton, invariably settled in favor of the decision of this Office in giving them the pay of the lowest Commissioned Officer.
In 1845, upon a certificate of the Registry Office, the widows of Sweatland and Treat were allowed at a rate of $45 per month. It was upon that unadvised allowance that Gorton's children asked to re-open his case (sealed up by repeated decisions of your predecessors) for an increased pension.
My letter of the 12 th September last explaining the cause of the error in Sweatland's and Treat's cases, and thus removed the precedent, which is relied upon to set aside the particular decision

in Walong' case. To that letter I beg leave to refer as superseding any further report.
I have the honor to be, Very respectfully, Your O bt Servt.
J. L. Edwards
Wm. H. L. Marey, Secretary of War.

Friday Mar, 2 nd 1850
Mr Edwards
Sir I am a daughter and an heir of the late Benj s Gorton, who as you are aware, was a revolutionary pensioner. The undersigned do hereby, revoke all agreements made by us jointly or otherwise, previous to this date, in regard to the payment or collection of the increase of said pension. And also do hereby recommend to your notice Joseph Gorton a son and heir of said Benj s deceased. The said Joseph is now a resident of Natchez Miss.
Drusilla Dutton
Thos Patton

Benjamin Gorton del New York,
increased from $240 to $560 per an cou. 4 Mar. 1831 to 14 Aug. 1836, when he died children Eliza Confer, Elisha Gorton Louisa Patton Joseph Gorton, deducting what has been paid,
see case of Mr. Remault,
A. Ray Pres

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
May 31. 1838.
Sir.
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Elisha Gorton one of the heirs of Benjamin Gorton, deceased, late a Pensioner on the Roll of the Albany Agency, at the rate of two hundred Dollars and " " " Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1836 to the 14 th August 1836 the day of said pensioner's death - Respectfully yours,
Alison E. Parrish Comptroller
To the COMMISSIONER OF PENSIONS, Present.

No. 1- Report to the Govt Secy of War.

Copys
Pension Office Dec r 8. 1840
Sir,
Agreeably to the request of the accom- panying letter of Mr. Ray, I have the honor to inform you, that my opinion in the case of Benj t Porton remains unchanged, and to submit the fol- lowing statement for your consideration & decision.
Benj t Porton was a private of Baldwins Reg- iment of Artillerers from Sept r 1777 to Dec r 1779 when he procured a substitute and was appointed Conductor of Military Stores, in which capacity he served more than two years. He was inscribed upon the roll of pensions under Act of June 1832, at the rate of $240 per annum, which is the full pension of an ensign. The act provides a rateable pension ac- cording to the length of service, to be ascertained by the full pay according to rank in the line, not exceeding that of a Captain. As this is a subordinate Staff Appointment not exceeding the rank of an Ensign in the line, that rate of pension has been awarded to him, serving in that grade.
With respect to the pay of 40 $ per M. it may be remarked that at the time he was paid, the depreciation was about four to one. It also appears by the Treasury record that at one time he rec d 70 $ for two M s pay which is a fluctuation, that renders his pay too uncertain for a standard of adjustment. This is the 5 th application for an

increase of pension in this case & with the full knowledge of the Treasury record of the final settlement of Goston's account to which Mr. Ray refers in his letter of the 11 Ult. it has been recanted.
I have the honor to be My Respectfully
Your obed Servt
(Signed) J. S. Edwards
Wm. J. R. Prinsell Secretary of War

No. 5.
Commissions letter
8 Dec 1846

Prison Office December 8. 1846
Sir,
I have again examined the case of Benjamin Tilton, and I can discover no reason for making any further allowance. My decision as expressed in my letter to the Secretary of War on the 8 th of Dec r . 1840 remains unchanged.
Very Respectfully Your obed Servt (Signed) J. L. Edwards
J. May. Esq r Present

Nov 19 46
Rev. Gorton
Miss Sweetland
James L. Edwards Esq. Com d of Pension
A. Mayt. Pres.

Washington
Nov 20. 1846.
Sir!
I feel obliged, respectfully to ask your decision in the case of Benj. Gorton deceased, late a pensioner on the New York roll act June 7. 1832.
Mrs. Lois Sweetland a pensioner under act 1838 of the Albany agency has been suspended, under the application in Gorton's case. Her pension was allowed, by a showing that her husband was a conductor of Military Stores to 1 Oct 1782.
In the settlement with Charles Treat. The books of the Treasury exhibit the fact that said, "Treat late conductor of Military Stores was settled with for the amount of his pay from the 16 June 1781. to 30 Sept. 1782 for 697. 25 " Being 15 hrs. & 14 m . at 45¢ per hr. making the sum above expressed.
The statement lately presented in the case of Gorton from the Register of the Treasury. is the information you required should be shown before an increase could be made, the evidence presented is clear and unequivocal, susceptible of no other than positive testimony, that said Gorton as Con. of Military Stores was paid 45¢ for his services. This evidence never having been before the Secretary of War. relieves the new application from former decisions.
I hope, therefore, in the examination of the case, you will also see the form of allowance made in the case of Charles Treat , which is material for a better understanding of Gorton's case. Apart from the solicitude in the present application Mrs. Sweetland is urgent for the restoration of her pension. I hope, therefore, you will favor the same as her.

I remain Sir
Yours respectfully
John C. Lee
Aug. 2nd
Genl. L. Edwards Esq. Comm r of Pensions

Also. Ray's reasons for a new appeal in the case of Benj. Gordon, Lois Shettard &c.
June 3. 1847
There is no sufficient reason offered for opening this case 5 th June 47. W. Sall V

Washington June 3. 1847.
Sir
Subsequent to the decision of the Secretary of War, in the case of Benj. Boston, the Commissioners of Pensions granted an allowance in the case of Charles Treat a conductor of Military Stores at the rate of $45 per mo. upon a statement from the Register of the Treasury: see paper marked N o 1.
A similar, and subsequent allowance was granted by the Commissioners of Pensions in the case of Lois Sweetland Milton of Aaron who was also a conductor of Military Stores upon a transcript from the Register N o 2.
Upon a new application in the case of Benj. Boston upon the same grounds of evidence, that governed the Commissioners in the two first named cases, the case was again disallowed. I maintain, the allowance in the case of Treat and Sweetland was made in accordance to the months pay they received as conductors of Military Stores at the rate of 45 $ per mo in specie, as shown by the Register Certificate and in conformity to the last resolution of Congress Jan y 11. 1788. If the decision made by the Commissioners be sustained by you, then Mr. Sweetland will be restored to the rate of Pension he was allowed. And, as these cases have never before been presented to the Secretary of War. N o 1. & 2. It is hoped you will see right and proper to decide, whether Charles Treat and Sweetland as conductors of Military Stores upon the evidence adduced, shall continue to be pensioned

at the rate of $45 pr. month.
I have the honor to
remain Sir
Your most
obedient
servt. N. Ray
Note
I now beg leave respectfully to add. that the enclosed original document, was never before presented, or res. presented in the case of Benj. Gorton, to show that in the State of Virginia, as well as in the State of New York, that conductors of Militia  State were allowed, and settled with at the rate of 45 pr. mo. being the same rate as stated by the Deputy of the Treasury.
Also. Ray
Hon. W. L. Marcy Secretary of War.

No 1.
"Berten"

Copy /
War Department Pension Office January 16. 1834
Sir
In reply to the letter enclosed, I have to state that Benjamin Gorton was a conductor of Military Stores, and for such service is paid at the rate of $20 per month. According to the established rules in such cases he cannot be paid at the rate of $40 per month, unless he can then be held the rank of Captain. No officer under that grade can receive the amount claimed by Mr. G. If he received $40 per month during the revolution it must have been in consideration of the depreciated value of the paper currency in which he was paid. At the time when he served one dollar in silver was worth $4 in Continental money.
I have the honor to be very respectfully
Your Ov. Servt.
(Signed) J. L. Edwards.
Hon d Lewis Cass, Secretary of War. }

Oct. 15. 1896 Return of Bapt. Church Edwards Ev. Commissioner of Pension

Washington Oct. 15. 1846
Sir
In your letter of the 12 th you state, "The transcripts of the Records of the Register Office, and the letter of the Register offered as evidence, that Benjamin Gorton was paid $45 in specie, as a conducta of Military Store, while the Journals of Congress shew that the pay was raised to that amt. in paper."
I have presented the most positive and conclusive testimony, from the Register of the Treasury: that Benj. Gortons qe. as conducta of Military Stores. during the war of the revolution was settled in the Military and Ordnance Department in specie at $45 pr. mo. for his pay. It is the precise evidence you required to be shewn, and it is the only true mode by which the monthly pay he received, can be fixed with certainty.
I claim, therefore, in the fulfillment of your request, by the evidence referred to. a pension according to the amount of my constituents monthly pay shown to have been in specie.
I remain Sir
Your m ost Hon. Serv t Alex. Ray
J. L. Edwards Esq. Comm r of Pensions

Nov 12. 1820
Miss
James L. Edwards Esq. —
Court of Pensions
7577

Washington Nov. 11. 1840.
Sir,
In the year 1835, there were several communications made by me to you, as attorney for the late Benj. Gorton of Troy New York, who was under the rec d of a pension act 7 June 1832, at the rate of 20$ pr. month as Conductor of Military Stores. I have no distinct remembrance of the objections you made to the increase of his pension to 40$ pr. month, but I fancy it arose as to the rate of his pay while acting as conductor.
I have rec d a letter of the 7 th inst from the representative of B. Gorton, again calling my attention to the case, and if my application to you be unavailing, to present the claim for the consideration of Congress. I have read over the statement of the services of Conductor Gorton sent me in Oct 1835. In which he positively affirms his pay to have been 40$ pr. mo. during his service, Congress in the arrangement of the Department of Ordnance. Feb 18. 1779. allowed to Conductors of Military Stores 40$ pr. mo. the same disposition seems to have been followed up to the close of the war,
You will receive enclosed a statement from the Treasury Sept. being a copy from the settlement of the account in Specie made with Conductor Gorton in 1786. In one

item there is a credit for "two months pay $90" and a certificate issued for the balance up to the 11 March 1782. for $1.052.66. Such an amount it is supposed could not have been due him for any thing else than for pay, and the calcu- -lation from the 1 st Dec r 1779. the time of his appointment, to the 11 March 1782. the time the balance was found to be due, is about at the rate of 40¢ so it seems manifest that he was paid as he stole, and fixed by Congress 40¢ pr. Mo. He died in Aug t 1838. his children ask for an increase of the pension he rec d to a Captain's pay, from the 4 March 1831. to the time of his death.
Respectfully Submitted by
Govr. M o rr. Off. Sec y .
A. Ray.
J. L. Edwards Esq. Comm r of Pensions

Boston Feb. 1.
Mass.
Brumh
L. Edwards Esq.
War Department
Washington City

Philadelphia
Jan y 30. 36
Sir
In the month of October last, I received a letter from Benjamin Gorton, late conductor of military stores in the army of the revolution.
Mr Gorton in his letter to me states his service as conductor of military stores, or field conductors from 1 st Dec r 1779 to April 1783. He further states that on settlement of his account with Joseph Morris at New York he received about p 1400. in his, Mr Morris certificate, which after keeping some length of time sold at p on the pound & rec d for it p 150. He adds further that he has made an application for an increase of pension.
aware that the conductors of military stores, rec d higher pay than p 30 per month, I formed the reason of his stipend not being increased arose from the fact of defective evidence, I therefore made application to the Treasury Sept r for the evidence of his capacity & service as conductor. and herewith enclose from the certificate. It seems to have been yours for p 1092. 6d but you will perceive it was entered from 11 Dec r 1782 making in 1786 the sum of p 1400.
The expectation is entertained, that this additional evidence will allow an augmentation of his pay to its full rate. you will rec d also enclose Mr Gorton's letter as my authority to act for him.
Yours Amos. D.

Pension Office, February 6. 1844 Comm. of Pensions Report in the case of Benjamin Gorton

Pension Office
February 6 th 1844
Sir,
I have the honor to submit to you Mr. Ray's letter of appeal with its enclosures in the case of Benjamin Gorton, deceased, and to call your attention to my report of the 13 th March 1843, to which I will merely add that the last item in the transcript from the Register's Office, upon which Mr. Ray's appeal is exclusively based, is a balance due Gorton/on what account is not shewn/on the 11 th of March 1782. There can be no doubt if his pay was included in that item his rations and emoluments were also; and if so, Mr. Ray's calculation is fallacious as a measure of Monthly pay.
I have the honor, to be,
Very respectfully,
Your obedient Servant,
J. L. Edwards
Hon. S. M. Porter,
Secretary of War.

Dec 4. 1840
James L. Edwards Esq. Court of Pensions War Department
Benj. Gales, Secy.
L 728

Washington Sept 4 th 1840.
Sir/
Your letter of the 23 rd Ult o is now before me, and I regret to have to differ with you, in your views and disallowance in the case of the heirs of Benjamin Gorton deceased, who was a conductor of Military Store during the war of the revolution. You state, "A conductor of Military Store received the specie pay of an Ensign, and ranked as such". I shall endeavor to show in your objection, sufficient reasons to ask for a reconsideration of the case.
In my communication to you on the 10 th Ult o , I adverted to the resolutions of the old Congress. Under the arrangement of the Department of Ordnance, [Feb 18. 1779. Journals of Congress vol III. page 205.] where a conductor was allowed 40 s pr. month, on the [12 Jan y . 1781 vol III page 555] Congress provided for the payment of the officers of the army and staff, in bills of new emissions, and under the resolution it will be shown that a conductor's pay was 45 s equal to specie, based upon the resolution of [March 18. 1780. page 442. vol III] to which I would beg to refer you, and also to the act. [July 18. 1780. page 488. vol III].
To put at rest the objection you make by blending any rank he may have held as an argument against the merits of the claim, I would respectfully refer you to an opinion

given by attos Gen l Lane [ Pension Law. page 46], where an Ensign was allowed to relinquish a pension under act 1828. for the benefit of a company pension at 600 fr. annum under the act 1832. Case of company William Shute of New York. You will perceive in the opinion of the attos Gen l a disregard as to rank. in the line, But an adherence to the Spirit of the act. 1832. in granting to a company the amount of his pay, not exceeding in any case. the pay of a Captain,
as to regards the depreciation of pay, to which all the officers of the army were alike subjected to, should not, I conceive, be now used as an argument in the adjustment of their pensions, had Congress designed such a construction to be placed on the act 1832. or any other of the various acts for the relief of the officers of the revolution, It is presumed they would have so expressed it, And I am of the opinion your decision on this point is not in harmony with the spirit that dictated the Law,
Further a Forage Master under the organization of the Quarters Master department by resolution May 14. 1777. was allowed 400 fr. mo. In the case of a Forage Master applying to Congress for the benefit of act 1828. he rec d the full benefits, to wit, the amount of pension the act. 1777. granted him pay, or here seems manifest that Congress never + [act May 29. 1830. & act. 3 July 1832]

comprised a pension, according to the depreciation, but rated at by the amount, by the data established by the old Congress, and by the act 1832. according to the pay.
These views have been thrown together, and the resolution referred to, which are most respectfully submitted to your consideration. If there are in your opinion insufficient for a favorable allowance, I must ask the favor of you, to submit the case, with this and my letter of the 10 th ult. for the consideration decision of the Secretary of War.
I am very
respectfully
Com. Off. Sec.
Geo. N. Ray.
J. L. Edwards Esq. Court of Pensions

Sept 5 '46
J. L. Edwards Esq Corn r of Pensions
Benj Gorton Albany W.H.
Women & Sal. W. H. G.

Washington
Sep. 5 - 1846.
Sir,
On the 17 th of June last, I presented an application in the case of Benj. Gorton deceased, late a pensioner on the Albany agency act 1832.
Having received several replies in cases subsequently presented, for that reason suppose that, proposito Gorton's case may have been mis-placed, must beg your attention now, to the consideration of the case.
I remain very respectfully Your Mood. Or. Sir Alas. Pray
J. L. Edwards Esq Comm r of Pensions

Register of the hearing Certificates that he has looked over his former certificates and finds it correct.

Treasury Department Registrar of Pensions Sept 18. 1846
Sir,
Your letter of the 16 th inst covering one from the Commissioner of Pensions, is received. In reply I have the honor to inform you that I have looked at the original entry on Blatter N o 9. page 3132 which contains entries of Benjamin Gaston's account, & find that the certificate which I gave concerning it, on the 8 th of June last, is entirely correct. Certificates such as appears by that entry to have been issued to said Gaston were payable in lawful money, which was specie. I send you a copy of one issued by the Registrar dated March 10. 1788, for a debt due on the first day of January 1780, & also the settlement made thereon in 1832. This settlement uses the term "specie." All certificates given by the present Government, for debts contracted by the old were payable, as appears by the records of this office, in specie. Certificates issued by the Registrar of the Treasury under the old government have been paid in specie, by the new or in what was deemed its equivalent. Respectfully Alford Roy Esq Washington
Yours N. H. Gill

Pension Office Jan. 27, 1847
Comm. of Pensions relative to appeal in case of Benjamin Gorton, dec d .
In view of the decision of them of my previous customs in this case it cannot be reopened War Department Jany 1847
Mr Ray claims the papers are Swetland's and Treat's cases as new evidence. & it is material in the case.
I cannot discover any new evidence in this case -
With Mr. Ray show how the papers he refers to are to be regarded as new evidence W. Lill.

Pension Office, January 27, 1847.
Sir,
I make the following report in the case of Benjamin Gorton, dec d :
This is the sixth time in which application has been made for an increase of the pension, and the third time in which an appeal has been taken from the decision of this office. The deceased served two years as a conductor of military stores, for which an allowance was made to him of $240 per annum, the amount allowed to an Ensign. The agent for Gorton's children has claimed $40 per month, and at another time he claimed $45 per month. In 1840, the then Secretary of War affirmed the decision of this office; and in 1843, upon another appeal, the decision was also affirmed. The Acts of the old Congress are referred to by the claimant's agent to sustain the claim, and reference is also made to two cases in which errors were committed in

consequence of relying on certificates from the Treasury Department. That Gorton's account was settled after the war is very clear, and that the certificate issued to him upon his settlement was payable in specie there can be no doubt. Gorton also gives credit for $90 received by him for two months service; but it does not appear that that sum was for monthly pay only. Rations and other allowances were no doubt included. The journals of Congress shew that the pay allowed to the conductor of military stores at different periods of the revolution, was based upon the depreciated paper currency. We find by the journals of Congress that on the 18 th of February, 1779, the pay of a conductor of military stores was $40 per month, $10 per month subsistence, and one ration per day. At that time the depreciation was at the rate of four dollars continental money for one dollar specie. On the 23 rd of December, 1779, a conductor was allowed $100 per month subsistence, and on the 12 th of August, 1780, it was resolved by Congress that a

conductor of military stores should be allowed not less than $240 nor more than $1000 per month! On the 12 th January, 1781, conductors were allowed $45 per month, and in July, 1782, the office was abolished. It is not shown that the Conductor of Military Stores was placed on a better footing than a subaltern, and it is not in the least probable that he would have received a higher rate of pay than a Captain of Infantry. From the Journals of Congress we cannot draw any just conclusion, it appears to me, as to what the conductor was entitled to, nor from his settlement with the Treasury after the war. It was thought to be a very fair allowance by Mr. Secretary Poinsett to give him an Ensign's pension, and Mr. Secretary Porter was of the same opinion.
The papers, fourteen in number, are herewith enclosed; and I respectfully ask a return of them.
I have the honor to be, Very Respectfully, Your Obt. Servt. J. L. Edwards
Hon. W. L. Marcy, Secretary of War.