Revolutionary War Pension and Bounty Land Warrant Application File W. 18,094, James Howard, Conn.

SERVICE
NUMBER
Conn.
Howard, James Sarah
N. 18,094
CONTENTS
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I John Williams of Pomfret Windham County state of Connecticut on this 4 th day of April A.D. 1840
To testify and say I have been commissioned for more than six months as Judge of the Court of Probate for the District of Pomfret that I have now before me an ancient Bible and in said Bible is a list of the family of Benjamin Chaplin which stands thus -
"List of Benjamin Chaplin family"
2 nd Benjamin Chaplin born Nov - 1687 - Died Sept 20 - 1754 N.B. Married Tamarin Waldin - She was born May - 1694 - Died Oct. 15 th 1762 N.B. 1 st Child still born 2 nd Child Benjamin born 30 th Nov 1719 Died March 25 - 1794 3 rd Do Nathaniel Do 10 th June 1721 Died Feb. 9 th 1745 4 th Do Mary Do 13 th June 1722 Died Dec 31 st 1810 5 th Do Tamarin - Do - 29 March 1724 Died Dec. 27 th 1760 6 th Do John - Do 28 March 1726 Died March 20 th 1744 7 th Do Joseph - Do 7 th Apr 1728 Died Jan 1776 8 th Do William - Do 9 th May 1730 Died - 9 th Do Ebenezer Do 5 th Sept 1753 - Died - Over

A list of Deacon Benj. Chaplin Jr family
— Benjamin Chaplin born Dec. 11 th 1719 Died March 24 th 1797
— Married Willow Mary Mop June 14-1747 Died Feb 6 th 1805
She was born June 16 th 1721
1 st Child Mary Born 30 March 1748. Died 24 Feb 1816
2 nd Do Tamaris Do — 3 rd Dec — 1749. Died March 12 th 1805
3 rd Do Hannah Do — 14 th Aug 1752. Died Jan. 19 th 1857
4 th Do John Do — 20 th Aug 1754. Died Oct 8 th 1754
5 th Do Benjamin Do — 24 th Nov 1754. Died March 30 th 1788
6 th Do Anna Do — 24 th Nov 1757. Died March 10 th 1788
7 th Do Mahetable Do — 4 th Oct 1759. Died Apr. 16 th 1778
8 th Do Sarah Do — 1 st Oct 1760 Married Howard Dec 4 th 1779
9 th Do Eunice Do — 20 th Sept 1764 Married Tracy Jan 10 th 1788 She Died Nov 4 th 1805
The foregoing list of names is a true copy from the record in the Old Bible — which I certify in open Court & affix the seal there to this 4 th day of April A. D. 1840
Job Williams — Judge of the Court of Probate District of Pomfret. State of Conn.

New York. - } 5460.
Sarah Howard, bed. widow of James Howard who died on the of Kings Co. in the State of New York, who was an ————— in the ————— commanded by Captain ————— of the ————— commanded by ————— in the ————— time for Assistant Commissary of Purchases, in the Revolution.
Inscribed on the Roll of New York City at the rate of 600 Dollars ————— Cents per annum, to commence on the 4 day of March, 1831 and terminate on the 25 day of April 1847). (see below)
Certificate of Pension issued the 18 day of Feb. 1862. and sent to J. A. Peugh - Present.
Arrears to the 4th of Semi-annual allowances ending Payable to John C. Howard, Lucy H. Hutchins, Maria P. Howard, and Sarah H. Cady, - only surviving Children.
Revolutionary Claim, Act July 4, 1836, Section the 2 nd
Recorded by W. E. Gaper Clerk, Book H Vol. 2 Page 14.
U

State of Connecticut
County of Windham
3 Hampton Probate District
On this Nineteenth day of March, One Thousand Eight Hundred and Forty Personally appeared before the Court of Probate within and for the District of Hampton, Mrs. Sarah Howard a resident of Hampton in the County of Windham and State of Connecticut Age Eighty Years the first day of October last past, who being duly sworn according to law, doth on her Oath, make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July fourth Eighteen Hundred Thirty Six, That she is the Widow of James Howard who was a Deputy Commissary in the State service under Joshua Eldakin who was Commissary in the Revolutionary War. That she well recollects that her husband purchased Clothing and Beef Cattle for the Army of the Revolution as Deputy Commissary, before and after her marriage to said James Howard. Deed, And that he purchased Beef Cattle of my Father for the Army as Deputy Commissary under Joshua Eldakin, the year before and the year after our Marriage, and he made that his business for two years or more to my knowledge.
She further declares that she was married to said James Howard on the fourth day of December One Thousand Seven Hundred and Seventy Nine, That her husband the aforesaid James Howard died on the Twenty Eighth day of January One Thousand Eight Hundred and Eleven, and that she has remained a Widow ever since that period as will more fully appear by reference to the proof hereto annexed
Sarah Howard
Probate Office
Hampton District
Hampton March Nineteenth
A One Thousand Eight Hundred and Forty Personally appeared

before the Court of Probate for said District. Mrs. Sarah Howard Signer of the foregoing Declaration & Deposition and signed the same in the presence of the Court and made Solmn Oath to the truth of the same, And I further Certify that said Sarah Howard is a Credable person and her Testimony is intitled to credit.
In Testimony whereof I hereunto set my hand Officially and cause the seal of said Court to be hereunto annexed
Mason Cleveland Judge of said Court

State of New York County of Ulster } S.S.
It is hereby certified that satisfactory proof has been exhibited before me that Sarah Howard (deceased) widow of James Howard was an applicant for a pension for the service of her said husband as an assistant commissary in the Revolutionary War, and that she died on the 25 th day of April 1847, leaving surviving the following named children only John C. Howard, Lucy H. Hutchinson, Maria P. Howard, Sarah H. Cady & Anna C. Hutchinson and that they all now survive excepting Anna C. Hutchinson who departed this life on the 9 th of January, 1862, & who left one child only surviving, whose name is Waldo Hutchinson and one grand child only by any other child of hers, the name of which said grand child is Howard Hutchinson Smith
In Testimony whereof I have hereunto set my hand & seal of office this 21 st day of January 1862.
R. C. Brainerd Notary Public

State of New York,
County of Kings, ss: — — — — — On this eighth day of February one thousand eight hundred and fifty- before the Supreme Court of the State of New York held at the City Hall in the City of Brooklyn in and for the County of Kings, personally appeared John Chaplin Howard and made oath in due form that he is the son of Sarah Howard widow of James Howard, late of Hampton, Windham County, Connecticut. That while residing there she made application under the act of the 4 th of July 1836, for a pension, which application was filed in the pension office; but said claim was not admitted; - That his said mother came to reside with him in the year one thousand eight hundred and forty six, in said Williamsburgh, and she there died at his house on the 25 th of April one thousand eight hundred and forty seven. - That the following named persons are the children of said Sarah Howard, and the only ones now surviving, viz: the aforesaid John Chaplin Howard and Maria P. Howard, single woman, of said Williamsburgh, and Lucy Tutchin, Sarah H. Cady and Ann C. Tutchin, all of the City of Brooklyn in said Kings County and widows. That he the aforesaid John Chaplin Howard in behalf of himself and the other children, asks for the pension to which they believe their mother, said Sarah Howard, was entitled for the services of her said husband, their Father, the said James Howard, who was a Deputy Commissary in the

revolutionary war - that if their claim is admitted they desire it to be made payable to them at New York City Agency, as all the said children of said Sarah Howard reside in the immediate vicinity of that city.
In presence of Edward C. Cady John Chaplin Howard
State of New York
Kings County, ss: On this eighth day of February one thousand eight hundred and fifty personally appeared John Chaplin Howard, before me, with whom I am personally acquainted, before me, and made oath that the foregoing declaration was true.
William P. Hughes Notary Public Black

State of New York.
County of Kings ss. It is hereby certified that satisfactory evidence has been adduced before the Supreme Court of the State of New York, held at the City Hall in and for said County of Kings the same being a Court of record, to show that Sarah Howard died on the 25 th day of April one thousand eight hundred and fifty-seven in the village of Williamsburgh in said County - That the following named children are her children and her only children now surviving her, viz: John Chaplin Howard and Maria P. Howard of said village of Williamsburgh, and Lucy Hutchinson, Sarah H. Cady, and Ann C. Hutchinson all of the City of Brooklyn in said County, and widows - That the said Sarah Howard was the widow of James Howard who died in or about the month of January in the year one thousand eight hundred and eleven - That they the said Sarah Howard and her husband formerly lived in the town of Hampton in the County of Windham and State of Connecticut - That while residing there she made her application for a pension for the services of her said husband as a Deputy Commissary in the Revolutionary war, which application was filed in the Pension office - That about the year one thousand eight hundred and forty-six she removed from said town of Hampton to said village of Williamsburgh to reside with her

see General John Chaplin Howard, at whose house she died at the time above stated.
In testimony whereof I have hereto set my hand in my official capacity and have caused the seal of the said Court to be affixed hereto.
Nathan B. Miller Justice Supreme court

mEE/H.M.M.
Aug. 20, 1929.
Sent to Hon Richard P. Freeman for Mary B. Bishop
I ad you From the papers in the Revolutionary War pension claim, W. 18094, it appears that James Howard was the son of Captain John Howard of Windham, Windham County, Connecticut.
While residing in Windham, Connecticut, James Howard was ap- pointed, as early as 1778 Deputy Commissary under Commissary Joshua Eldarkin and served until in February 1780.
He died January 28, 1811 in Hampton, Windham County, Connect- icut. His age is not shown.
James Howard married, December 4, 1779, in Mansfield, Connect- icut, Sarah, born October 1, 1760. She was the daughter of Deacon Benjamin Chaplin, who was born December 11, 1719, and his wife, Mary, who was born June 11, 1721. Said Deacon Benjamin Chaplin died March 24, 1795, and said Mary died February 6, 1805.
Pension was allowed on account of the Revolutionary War ser- vice of James Howard on the application of his widow, Sarah, which application was executed March 19, 1840. At that time said Sarah resided in Hampton, Connecticut. In 1846 she was living in Williams- burg, Kings County, New York, with her son, John Chaplin Howard. She died at his home there April 25, 1847.
The following are the only children of James and Sarah Howard who were living in 1850:
John Chaplin Howard - born in Hampton, Connecticut, date not shown; resided in Hartford, Connecticut in 1840 and in Williamsburg, New York in 1850. He was referred to as "General John Chaplin Howard".
The first page of this letter is in ch. of Ebenezer Holmes, W. 18058

Maria P. Howard, unmarried, resided in Williamsburg, New York, in 1850.
Lucy, born in September, 1786, married in the summer of 1811, ——— Hutchins and went to Pomfret, Connecticut, where she lived in 1838. In 1850 she was living in Brooklyn, New York, and was then a widow.
Sarah,
Sarah who was aged seventeen years at the time of her father's death; married, date not given, James H. Cady of Brooklyn, Kings County, New York, where she lived in 1850, then a widow.
Ann C. Hutchins, a widow of Brooklyn, New York, in 1850. She died January 9, 1862, leaving only one child, Waldo Hutchins of New York, and only one grandchild, Howard Hutchins Smith, who was aged about three years in 1862 and was the son of Mary T. Hutchins and her husband the Rev. Burrit A. Smith. Said Mary Smith died about 1861.
Howard C. Cady, grandson of James and Sarah Howard, was living in New York City in 1862.
The following family data also appear in the above pension claim of James Howard, W. 18094:
"List of Benjamin Chaplins family"
Father
Benjamin Chaplin Born Nov - 1687 - Died Sept 20 - 1754 N.S.
Married Tomisin Waldin -
She was born May - 1694 - Died Oct. 13th 1762 N.S.
1st Child still born
2nd Child Benjamin born 30th Nov 1719 Died March 25, 1795 3rd Do Nathaniel Do 10th June 1721 Died Feb. 9th, 1745 4th Do Mary Do 13th June 1722 Died Dec. 5, 1810 5th Do Tomisin Do 29th March 1724 Died Dec. 27th, 1752 6th Do John Do 28th March 1726 Died March 20, 1744 7th Do Joseph Do 7th April 1728 Died Jan 1776 8th Do William Do 9th May 1730 Died 9th Do Ebenezer Do 5th Sept 1733 Died

"A List of Deacon Benj. Chaplin Jr. family"
Benjamin Chaplin born Dec. 11th 1719 Died March 25, 1795 Married Widow Mary Ross June 14, 1747 Died Feb. 6th 1805 She was born June 11th 1721.
   1st Child  Mary  Born  30  March  1748.  Died  24th  Feb  1816    2nd  Do  Tomisin  Do  3rd  Dec  1749.  Died  12th  March 1815    3rd  Do  Hannah  Do  14th  Aug  1752.  Died  Jan  15th 1837    4th  Do  John  Do  20th  Aug  1754.  Died  Oct  8th 1754    5th  Do  Benjamin  Do  24th  Nov  1755.  Died  March  30th 1755    6th  Do  Anna  Do  25th  Nov  1757.  Died  March  10th 1756    7th  Do  Mahetable  Do  4th  Oct  1759.  Died  Apr.  16th 1773    8th  Do  Sarah  Do  1st  Oct  1760.  Married  Howard            Dec  4th  1779    9th  Do  Eunice  Do  20th  Sept  1764.  Married  Tracy            Jan  10th  1788          She  Died  Nov  4th 1805.   
Very truly yours,
EARL D. CHURCH Commissioner.
Soldier's brother, name not given, died at the battle of Bunker Hill, and another brother, name not stated returned from the army sick and died.

July 19/50
M rs Sarah Howard widow of James died July 4 th 1836 Comt. Spencer
W. A. C.
N. B. Addison
Present

Ymburgh Long Islands Febr 6 th 1838
To the Hon. Comm d of Pensions, Washington City D c
Sir
The children of Sarah Howard, widow of James Howard, late of Connecticut have appointed, John M. Thayer, H. D. D., Addison, of Washington, D c - their agents in prosecut- -ing the claim, of their late mother for a pension, under the act, of 4 th of July, 1836 - As one of them, I have to request that they be allowed to examine the papers on file in the Pension Office on the said Sarah Howard, case -
I am Yours -
Oblig d Serv t John Chapman Howard

Pension Office
New York, January 26. 1830
Sir
The heirs of the late Sarah Howard, widow of James Howard, of Hampton, Ct., have been informed that they are entitled to receive the amount of a pension for his services as Deputy Commissary for the State of Connecticut.
I am desired by four of the heirs, daughters of Mrs. Howard, (who died in April 1829) to enquire as to the state of the matter, and will thank you for the information at the earliest day.
I am, Respectfully Your Obedt. Servant Howard C. Cady
Hon. Mr. Corlanch
P.S. If I am wrong in addressing this you on this subject may I trouble you to send the letter to the right department or office?

1929-aug 20, Hist to Hon. Richard P. Freeman for Mary B. Bishop claim of Ebenezer Holmes, W. 18058, m
Rev
WIDOW, &c.
File No. 18094
6 Howard Lucy H. Hutchings Mar
and Sarah H. Lady Children
James Howard
Asst Comm. Rev. War
Act: July 4th 1836
Index:—Vol. 24 , Page 348
[Arrangement of 1870.]

Act 4 th July 1836 2 o Section.
Sarah Howard, widow of James Howard.
Kings County New York.
Allowed at the rate of $600. per ann. as the widow of James Howard an assistant Commissioner of Purchases in the revolution. to begin 4 th March 1831. & to end the 25 th of April 1847. when the dispayable to John C. Howard Esq. H. Hutchins Maria P. Howard & Sarah H. Cady only surviving children.

Hon. James Pickens Commissioner of Washington D.C.

New York March 8 th 1843—
Yon James L. Edwards,
Commissioner of Pensions
Sir— I have the honor to enclose in support of the claim of my mother Mrs. Sarah Wood for Pensions under the act of July 1836 a Certificate from the Secretary of State of Conn t — containing full proof that Joshua Edmiston served as a Commissary of purchase in the War of the Revolution—
Sir The only objection to the allowance of the claim as I understand is that inasmuch as Edmiston gave a bond for the faithful discharge of his duty as a Purchasing Commissary his service was in a civil capacity— To obviate this objection I would respectfully suggest that it was the custom for all officers in the State of Conn t — Military as well as civil during the Revolution to give similar Bonds— If proof is demanded on this point the Secretary of State will readily give a certificate to that effect— I will thank you to address me thro' the Hon. Charles J. Ferris Representative from this City, —
I have the honor to be in your most Obedient Serv t Stephen Edwards

JAMES HOWARD—WIDOW OF.
[To accompany Bill H. R. No. 643.]
APRIL 13, 1860.
Mr. DELANO, from the Committee on Revolutionary Pensions, made the following
REPORT.
The Committee on Revolutionary Pensions, to whom was referred the petition of Sarah Howard, widow of James Howard, have had the same under consideration, and report:
That the petitioner in her declaration, under oath, states that her husband was a deputy or assistant commissary in the State of Connecticut, appointed by Doctor Joshua Elderkin, commissary, and served under him as such for several years, engaged in the purchase of clothing, beef cattle, &c., for the revolutionary army, both before and after their marriage; that she was married on the 4th December, 1779, and that her husband died on the 8th January, 1811.
In proof of her statement she produces the testimony of various witnesses taken many years ago, who were cognizant of the services of her said husband, and whose credibility is properly vouched for.
The claimant produces the testimony of General Howard, a son and co-executor, a man of marked respectability; also that of her daughter, both of whom testify to having frequently seen their father's commission, and to its destruction along with many old books of accounts and papers, by being committed to the flames after the death of their father.
The records of the comptroller's office of Connecticut show that Dr. Joshua Elderkin was commissary (as stated in the declaration) from 1776 to 1783. And the marriage is satisfactorily proven by copies of the family records.
The only question which seems to have been raised to the allowance of the case by the Pension office, was the power of Dr. Elderkin to appoint an assistant—the length of service and the marriage being admitted.
The committee deem this objection of no validity; the facts being proven that her husband served in a particular office and grade the length of time required by law, it is immaterial about the service being rendered under a specific appointment.

The act of 7th June, 1832, upon which all the widows' pension laws are predicated, requires " service " a given time only, whether as " volunteers " or otherwise, to entitle the applicant to a pension.
Your committee are of opinion that the evidence fully sustains more than two years' service as an assistant commissary under Dr. Elderkin; and that having been married to her husband " prior to the last period of his service ," she is entitled to the benefit of the act of July 4, 1836, and therefore report a bill for her relief, with the recommendation that it do pass.

Sarah Howard ct
W. H. Charles Commission of Trustee Newburyport Ms -
ct all the Rev

Washington April 18 th 1840
Hon. J. L. Edwards
Sir, I have the Hon: this morning to present you the testimony requested in your letter of March last in relation to the case of Mrs. Sarah Howard -
First - We introduce a copy of the Chaplin Family record in the Old Bible certified by the Judge of the Court Probate -
Second - We introduce the testimony of Mrs Lucy Hutchinson of Mrs Sarah Hovey - that they saw & read the Commission of James Howard Esq as Deputy Commissary -
Third - we introduce the copy of the appointment of Joshua Eldkin by the Legislature of Connecticut to purchase Cloathing & other articles for the Continental Army making him thereby a purchasing Commissary for said Corps - in the service - and an Officer of Military rank -
Fourth - My own deposition of my knowledge of the settlement of the Estate of James Howard Esq. which is most respectfully submitted by John G. Howard

James E. Heath Esq.
Committee of Review

Paper A.
No 1. The following references are to the American Archives Vol 1 - Series 5 --
Kit page 456 -- July 17- 1776 -
The Council of safety of Conn t appointed Joshua Elderkin and five others says Committee to purchase clothing, tents &c for the use of the troops and on the recommendation of the Continental Congress, to procure a quantity of clothing for the Continental Army; the said Committee of safety appointed Joshua Elderkin, the five others above referred to, to procure the said articles - and assigned to each of them a quantity, specifying the number of Coats - waistcoats - hats - shirts and shoes, each made linen - to be procured - and the Council resolved - that Letters be prepared

to each of said Commissions , directing them accordingly, which was done."
Here, the proof is definite that Joshua Elderton was appointed a Com- missioner, and his duties were speci- fied--
Commissioner Elderton immediately entered the service. Sunday notice of his services are recorded--
See page 700 - same Vol of A. Ad- missions -- *
The Council of safety - July 21-1775 Voted - to direct Joshua Elderton to purchase what rations, Duck. is now to be had at Providence at as rea- sonable a rate as he can, for the Colony use."
See page 732 - same Vol
Council of State Safety - August 2-1775 Voted to draw an order on the Pay- table for 200 pounds in favor of Dr Joshua Elderton to enable him

to purchase Tents and Clothing for the Continental Army "for the
See page 1007 - same Vol
The Council, August 15-1776 -
Ordered to draw on the pay table for 400 pounds in favor of Dr Joshua El- derkin to enable him to purchase tents and clothing for the Contin- ental Army in the Northern Depart- ment "for the
See page 1188 same Vol
The Council of safety, August 28-1776
Ordered to draw an order on the pay table for 500 pounds, in favor of Joshua Elderkin for supplies of Tents and Clothing for the Northern Army "for the
No 2 - The following references are to a historical collection from Official Records of the part sustained by Connecticut in the War of the Revolution - "Compiled by

by Royal R. Hinman, Secretary of State, of Connecticut--
See page 218 - where it appears that -
In December 1776 the General Assembly of Connecticut was renewed and confirmed the appointment of Joshua Eldredkin, made by the Coun- cil in July preceding --
In this Vol. also, are details of the ser- vice of Joshua Eldredkin as Commissary. The Council of Safety - for Connecticut, called (page 325) "The Committee of Rev" Voted - from time to time, orders to be drawn, for large sums of money , in pa- vor of Commissary Eldredkin - to pur- chase text and clothing for the Con- tinental Army - See pages 398-380 395-416-413 - for years 1776 and 1777.
Much more evidence , like the fore- going, may be referred to, as were it necessary -- It then appears that Joshua Eldredkin was a Commissary, duly offered appointed. Of course he had power to appoint James Howard Assistant Commissary.
examined and found correct, as per - Ohio State Library John Brown and William Patterson have been

Name of Representation Washington Dec r 26 th 1850
James E Heath Esq - Commissioner of Rev. Sir
I herewith present additional evidence and affidavits, in support of the claim of the heir of Sarah Howard widow of James Howard, of Conn t . a revolutionary officer ---
The proof of the service of former Howard as Assistant Commissary for more than two years, under Dr. Joshua Elderkin, has not been disputed - it is full and explicit . The objection of the Commis n of pensions has been - that sufficient proof of Commissary Elderkin's appointment as Commissary , has not been furnished. This objection is now met and en-

timely removed, by Documentary evidence not to be disputed.
By request of the heirs of Sarah and James Howard, com- municated to me by Gen John C. Howard, one of their number, with whom I have been acquaint- ed for more than thirty years, (a gentleman of high standing,) I herewith present an abstract of the evidence of the appoint- ment and services of Dr Joshua Elderton, as Commissary -- This evidence is in the accompa- nying paper marked A . An early decision upon this claim, is respectfully solicit- ed by the heirs --
I have the Honor to be truly yours - Orin Fowler.

P S Lanch Howard, claimed under the Act of 1836. Her papers are on file in the Pension Of- fice -

X 4950 Sarah Howard widow of James - Bon. act 4 July '36 -
Dec 18. 1861. referred to the Comm. on Revolutionary Claims.
March 12. 1860 Referred to the Committee on Rev Pensions -
106th APL 13 Bill 643
Mr. [unclear]
present
M c [unclear]
Hinton [unclear]

I, ROYAL B. HINMAN , Secretary of the State of Connecticut and keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern, That Mason Cleveland Esq. is and for more than eight months last past has been a Judge of Probate, within and for the Probate District of Hartford — in this State, duly appointed and commissioned, as appears on record in this Office, with power to settle estates of deceased persons, testate or intestate, and to certify any official acts in said Probate Office by his seal of office and signature, to which full credit is to be given in court and country.
In testimony whereof, I have in my capacity of Secretary as aforesaid, hereunto set my hand and affixed the seal of said State at the Office of the Secretary of said State, in Hartford, the 21 st day of March
A. D. 1840
And I certify that the signature of said Cleveland is his genuine signature. annexed
and I further certify that Calvin Hibbard Esq r is Judge of Probate for the District of Windham , and I certify that his signature hereto annexed is genuine
March 25 th 1840
R. B. Hinman Secretary

I, ROYAL B. HINMAN, Secretary of the State of Connecticut, and keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern,
THAT Wethersfield State and Salmon Sturges Esqrs and
and for more than six months last past, have been Justices of the Peace within and for the County of Tolland in said State, duly appointed, commissioned and qualified, having full power and authority, by the laws of said State, to take the acknowledgment of Deeds and to certify the same; also to administer oaths to witnesses and to take Affidavits and Depositions out of Court, and to give certificates thereof; and that full faith and credit may and ought to be given to the official acts and attestations of the said State and Sturges
in Court and Country.
In testimony whereof, I have, in my capacity of Secretary as aforesaid, hereunto set my Hand, and af- fixed the Seal of said State, at the City of Hartford, in said State, the 20 th day of March in the year of our Lord, one thousand eight hundred and forty
And I certify that the signature s of said Sturges hereunto annexed are genuine.
R B Hinman
Secretary.

Brief in the case of Sarah Howard, widow of James Howard, an Assistant Kings County and State of New York Commissary of Purchases act 4 th July 1836 in the revolution. 2 nd Section.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
This claim is allowed on a decision of the Secretary of the Interior, and the amount due Sarah Howard deceased, is payable to her only surviving children.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Allowed, at the rate of $600. per annum, to commence on the 4 th March 1831, and to terminate on the 25 th day of April 1847, when Sarah Howard died. Payable to John C. Howard, Lucy H. Hutchins, Maria P. Howard, & Sarah H. Gady, only surviving children.
Name and residence of Agent
S. A. Pugh Esq. Present.
L. M. Drury Examining Clerk.

Pension Office,
March 6. 1843.
A search has been made among the "Washington Papers", filed in the Department of State, and no evidence discovered among the "Provision Returns", that Joshua Oldkin and James Howard were employed in the Northern Commissary Department.
W m Ogden Miles, Clerk in Pension Office.

Washington Jan. 22/56.
Sir,
Some of the heirs of the late Mrs. Sarah Howard of Connecticut have requested my aid in regard to their claim for her Pension - Those who have applied to me are females, and they do not furnish me any data except simply the name -
Will you please inform me whether any thing is due the heirs of Sarah Howard by of the Pension granted to her, if one was granted, and what

the present condition of the claim of her heirs is, if their claim has been preferred to the Department —
Very Respectfully
I am your
obedient
L. F. Foster
Hon. Josiah Mitchell
Commissioner
Washington

Office of Buckham, Cady & Smalls. (Joshua M. Van Cott.) 146 Broadway. N.Y.
Feb. 22 d 1862
S. A. Peigh Esq. You are appointed Attorney to receive from the Commissioner of Pen- sions or otherwise any Certif- icate, warrant or order of what nature soever in the matter of the pension claim in the case of Sarah How- ard deceased and to sign accordingly.
J. C. Howard
Sarah H. Cady

Large of with the of the People that they have left

Office of Buckham, Cadry & Smales. (Joshua M. Van Cott.) 146 Broadway N.Y.
Jan'y 13 th 1862.
Dear Sir
I am of this morning in receipt of your two letters, one of the 13 th the other of the 11 th inst. -
On Friday I went to Conn. with the remains of my late Aunt Mrs Ann C. Hutchinson, who died on the 9 th inst., & returned Saturday evening. She left only one child Waldo Hutchinson Esq. of

this City, he is an intimate friend of Mr. Grow the Speaker and well acquainted with several of the members. and both he and myself are personal friends of Judge Harris of the Senate who I believe he would be glad to serve us -
By the way, my Aunt just dead, had a daughter Mary J., who married the Rev. Burrit A. Smith of New York City, she, Mary

T. Smith, died a year ago leaving one child only, Howard Huletius Smith, who is still living, and is about three years of age.
With the above exception the family of my grandmother Sarah, the wife of James Howard, the Dep. Commissary, remain the same as per June note.
Yours resp'tly Howard C. Gladys S. A. Peugh bp.

House of Reps.
Washington June 18-1850
Hon J. L. Edwards
Sir
In behalf of Sarah How- ard of Windham County, Conn t , widow of James Howard, who was a Deputy Commissary in the Revolutionary War. I write to inquire on what grounds her application for a pen- sion, made some time since, was decided adversely .
An early & reply as will suit your convenience is respectfully solicited —
Truly yours
Orin Fowler

J. L. Howard Adm.

It is shewn that Elderkin was a Cammissary — Mrs Howard says he was appointed by Elderkin — two of his daughters & son, persons of high respect- -ability say they saw their fathers Cammissian & detail had it was destroyed — The Marriage is fully proved —

State of Connecticut Windham County ss. Windham Probate District
Personally appeared before the Court this 12 th day of March One Thousand Eight Hundred and Forty Mrs. Betsey Reed of Mansfield in Tolland County in sd. State Age Twenty Eight years and being cautioned and sworn according to Scus, Testifies and says, she was born in Windham in sd. State & County of Windham and at an early age her Mother deceased, she was put into the family of Capt. John Howard of sd. Windham and at the age of Seventeen years she was living in the family of sd. Capt. John Howard, and on the fourth day of Decr. Seventeen Hundred and Seventy Nine James Howard now deceased was married to Sarah Chaplin, he was the Son of Capt. John Howard, she lived in the family when said James Howard moved his wife home and continued in sd. John Howard family untill she was Eighteen years of Age, she then lived in the family of James Howard both families resided in the same house, she continued to live in the family of said James Howard a number of years untill she was married to Mr. William Reed with whom she lived about fifteen  six years and untill he deceased And for the last twelve years she has lived with Col. John Fitch of Mansfield Tolland County in sd. State.
She further says that as early as May Seventeen Hundred and Seventy Eight she was knowing to the fact that James Howard received an appointment of Deputy Commissary under Joshua Elderkin of sd. Windham who was commissary as she understood at that time. And she further says that said James Howard continued in the business of his said appointment as Deputy Commissary, under said Commissary Elderkin until about the

First or middle of February One Thousand Seven Hundred & Eighty having bestowed the most of his time and attention to the purchasing Supplies for the Troops such as, Cloth & Clothing & such Articles, were constantly receiving & sending them off to the Soldiers
Betsey Read
Probate Office Winchendon District
Winchendon March Eighteenth Ten Thousand Eight Hundred & Forty Personally appeared before the Court of Probate for sd District Mrs. Betsey Read signed the foregoing Deposition & signed the same in the presence of the Court, and made solemn Oath to the truth of the same, and I further certify that said Betsey Read is a credible person and her testimony is intitled to credit.
In testimony whereof I hereunto set my hand officially and cause the seal of said Court to be hereunto annexed.
Calvin Hebbars Judge
The interlineation of the word fifteen on the first page above the 10 th line from the bottom was interlined before signed Also the last word but one on the fourth line from the top was altered meaning Seventy Eight

State of Connecticut County of Windham } Windham March 18 th A.D. 1840
Windham Probate District.
Personally, appeared before the Court Mr. Peter Saunders of sd. Windham in said District Aged Eighty Eight Years being duly cautioned and sworn Testifies and says, that he knew Mr. Joshua Elderkin, a commissary in the Army of the Revolution and that he knew Mr. James Howard of sd. Windham (then) in the Society of Canada in sd. State and he acted as Commissary, or Deputy Commissary under sd. Joshua Elderkin, in Purchasing Cloth, Clothing and Beef Cattle, for the Army of the Revolution, in the years One Thousand Seven Hundred and Seventy Eight & 79. One Thousand Seven Hundred and Seventy Nine and a part of the year One Thousand Seven Hundred & Eighty. And I well knew of his performing sd. services as Deputy Commissary more than two years. And that he was well acquainted with Mrs. Sarah Howard Widow of sd. James Howard Decd. before and since her Marriage to said James Howard, and that she was the Daughter of Deacon Benjn. Chaplin.
Peter Saunders
State of Connecticut Windham County } Windham Probate District
Personally appeared before the Court of Probate for sd. District on the Eighteenth day of March A.D. One Thousand Eight hundred & forty Mr. Peter Saunders in presence of the Court signed the foregoing Deposition & made solemn Oath to truth of the same. And I further certify that said Peter Saunders is a credible person and his testimony is entitled to credit.
In testimony whereof I hereunto set my hand Officially and cause the seal of sd. Court to be hereunto annexed
Intatlined before Calvin Hubbard Judge signed the same Mr. Peter Saunders

State of Connecticut Windham County
ss. Windham Probate District.
Personally appeared (Pompy McCuff aged about Eighty Years) before the Court of Probate in and for sd. Windham District, on the Eighteenth day of March One Thousand Eight Hundred and Forty and being duly cautioned and sworn Depose and says that he was born in the Town of Windham in sd. State and was well acquainted with and lived near Joshua Elderkin of sd. Windham who was a Commissary in the Revolutionary War, and was knowing to James Howard Esq. being living to said Elderkin and bringing Cloth and Clothing for the Army and he was sent by sd. Elderkin to sd. James Howards house for Clothing for the United States Troops and he obtained the same by his sd. Elderkins Order, he understood that said Howard was the agent or Deputy Commissary of said Elderkin to purchase Clothing for the Army, and he was knowing to said Howards doing business & acting as Commissary or Deputy Commissary to sd. Elderkin in A.D. One Thousand Seven Hundred and Seventy Eight, Seventy Nine and Eighty making more than two years as Deputy Commissary under sd. Elderkin. He was well acquainted with the family of Deacon Benjamin Chaplin and was knowing to the fact that Sarah Chaplin married James Howard in One Thousand Seven Hundred and Seventy Nine. And that that she is now the Widow of said James Howard Deceased.
Calvin G. L. B. B. A. John Howard
Pompy his mark McCuff
Windham District
Windham March Eighteen Eighteen Hundred and Forty Personally appeared Mr. Pompy McCuff before the Court and signed the foregoing Deposition & signed the same in presence of the Court

and made solemn Oath to the truth of the same. And I further Certify that said Pompys McCuff is a credible person and his testimony is entitled to credit.
In Testimony where of I hereunto set my hand Officially and cause the Seal of said Court to be hereunto annexed Calvin Hubbard Judge

This certifies that I. Frederick F. Hanks of the Town of Mansfield in the County of Tolland and State of Connecticut, am Clerk of said town of Mansfield, and have held said office since the first monday in October in 1836. I also certify that I have carefully examined the records of marriages of said town of Mansfield to find the record of the marriage of James Howard to Sarah Chaplin but can find no record of said marriage,
And I further certify that previous to the year of 1820 when a law went into effect requiring under a penalty that all marriages should be recorded. that but a small proportion of the marriages which took place were entered on the records of said town. Frederick F. Hanks Town Clerk State of Connecticut,
County of Tolland ss Mansfield March 19 th 1840
Personally appeared Frederick F. Hanks the signer of the above certificate and made solemn oath to the truth of the facts therein stated, and I hereby certify that said Hanks the deponent is Clerk of said town of Mansfield as he states and that he is a credible person and his statements entitled to credit, — Before me
Nedham State Justice of Peace

I Aaron S. Atwood depose & say I have been for a number of years minister of the Gospel over the Presbyterian church of Mansfield. I find in searching the old church records, that they are in some respects inaccurately kept, and much decayed by time, but I find in legible hand writing on the fourth day of December, James Howard was married to Sarah Chaplin. This is all the information I can obtain from the records.
Aaron S. Atwood
Pastor
Mansfield March 14. 1840.
- State of Connecticut } ss Mansfield Mar. 14 th 1840 County of Tolland
Personally appeared Bro d Aaron S. Atwood the signer of the above certificate and made solemn oath to the truth of the facts therein stated, and I hereby certify that said Atwood the deponent is Pastor of the church as he states and that he is a credible person and his statements entitled to credit — Before me
Salmon Storrs Justice of Peace

Comptroller's Office
Hartford March 20 1840
I certify that on application for evidence of the services of James Howard who claims service as Assistant Commissary under Joshua Clarke Esq. Commissary during the Revolutionary War, that I have examined the Books of office remaining in this Office, and the name of James Howard does not appear - That on Pay Table Book - is the following Account -
Joshua Clarke Esq. / Commissary / Dr  To. Sunday Orders on Foot including amount not from Ledger & from July 20 1776 to Sep 23 1780 £75084.14 Supra 63  By of balance up to July 25 1780 1 Sep 23 1780 £75084.14  To. Sunday Orders On Foot June 5 1783 £3156.4.0  Supra 62  By Amount of Account rendered June 5 1783 £3156.6.0
I further certify that I have on file in this office Joshua Clarke's Bonds for Five Thousand Dollars Given for his faithful performance as Commissary dated Sept 14 1780 - June 19 1777 to take effect from Dec 1 1776 also one other Bond signed by Joshua Clarke for Ten Thousand pounds Lawful Money Given for his faithful performance as Commissary dated Sept 16 1780
Henry Nicholson Compt. H

Copy Know all Men by these presents, that we Joshua Elderton and Jedediah Elderton - both of Wincham, in the State of Connecticut are holden and bound to the Governor and Company of said State in the sum of Six Thousand Dollars to be paid to said Governor & Company - to the which Payment well & truly to be made and done - we jointly & severally bind our selves our Heirs & by these presents - Sealed with our Seals this 19 th day of June 1777
The Condition of the above obligation is such that Whereas the above bounden Joshua Elderton is & was appointed by Resolve of the General Assembly on the 18 th day of December last (together with others) to procure & purchase for the use of this State all such articles of Refreshments & Clothing within this State for the use of the Militia or Troops raised or to be raised within this State & the same to deliver over to the Commissary of supplies or his order, as shall be ordered and directed from time to time by the Governor & his Council of Safety - has since accordingly receive large sums of Money out of the Publick Treasury of this State for the purpose aforesaid - Now if said Joshua Elderton shall faithfully apply & dispose of all the Moneys he has or shall receive out of said Treasurer for the use and purpose aforesaid and render his account therefor to the Committee of the Pay Table when thereto required - then the above obligation to be void - otherwise to remain in full force -
In presence of Josiah Waters { Hiz Nipley Sec {
Signed Jedediah Elderton Signed Joshua Elderton Comptrollers Office Hartford Apr 1840
I Certify that the above is a true Copy of Bond now on file in this office - filed Joshua Elderton Bond Sep 1777 Henry Hillborn Col

Know all Men by These Presents that we Joshua Eldakin and Roger Huntington both of Windham in the County of Windham acknowledge ourselves jointly and severally bound to the Governor and Company of the State of Connecticut in the sum of Five Thousand Pounds - Lawful Money - to be paid to said Governor and Company their successors or certain Attorneys; which payment well and truly made - we bind ourselves, Executors and Administrators firmly by These Presents - Witness our Hands and Seals this 18th day of September A.D. 1780
The Condition of the above obligation is That whereas the said Joshua Eldakin is appointed by the Governor & Council of Safety to purchase Grain and Flour for the use of this State - Now if the said Eldakin shall truly and faithfully pay over all the moneys he shall receive from the Treasurer by order from the Pay Table, agreeable to the trust reposed in him by his appointment aforesaid, and his account therefor rendered to the Committee of the Pay Table when required, then the above obligation to be void.
Signed Sealed and delivered the day and year above said. In Presence of
Test { Iabez Downer M c Bissell
Sign Joshua Eldakin Sign Roger Huntington
Comptroller's Office Hartford Sept. 1840
I certify that the above is a true copy of a Bond now on file in this office - filed Joshua Eldakin & Bona Sep 1780 Henry Hillhouse Clerk

State of Connecticut Windham County Pomfret Probate District
Personally appeared in open Court this 4 th day of April one thousand eight hundred and forty Mrs Lucy Hutchinson of Pomfret in said District and State of Connecticut being duly cautioned and sworn deposes and says. I am fifty four years old next September. I am the daughter of James Howard deceased late of Hampton Connecticut. During my Fathers life I was often called by him to assist him in writing and doing business and well knew his business till he expired. I often heard him speak of his heavy losses in the depre- ciation of the money received in the revolutionary war for his services done for Justice. Elderkin of Windham who was Commissary in the war. I was knowing to his having a large amount of Continental Money. I saw the same. I also saw his Commission from said Elderkin and many other papers in relation to the said war in purchasing cloth and cloathing for the army. I further state (every)

I was married in the summer after my Father's decease and went to Pomquet. The summer in which I was married (Viz Ad. 1811) the old antient family Bible was given to me as a precious relic. I have kept it - It is now here in open Court - I further state my only Brother John E Howard was appointed Administrator on the Estate of my Father James Howard deceased. All the papers belonging to my Father's estate were examined by the Commissioners and my Brother and all those that were in the statute limit act, worth any thing, were by them preselected. The continental money and old papers passed into the hands of my Brother and were by him destroyed.
Lucy Hutchins
Pomquet April 7 th Ad. one thousand eight hundred & forty
Personally appeared in open Court before me Mrs Lucy Hutchins signer of the foregoing deposition - and signed the same in presence of the Court and made solemn oath to the truth of the same - I further certify that said Lucy Hutchins is a person of the first respectability and her testimony is intitled to full credit.
Certified by
Job Williams. Judge of the Court Probate District of Pomquet. State of R.I.

County & State of New York ss: I, Sarah H. Cady, of the City of — Brooklyn, County of Kings & State aforesaid being sworn before, that I am the widow of James H. Cady, late of Brooklyn aforesaid, & am the daughter of James Howard deceased, late of the Town of Hampton, County of Windham & State of Connecticut — that I was seventeen years of age at the death of my Father. From my earliest recollection he was extensively engaged in business; on the first of November A.D. 1810 my Father was taken sick; I used to sit by his bedside much of the time, at his request, & read to him many of his papers & letters; he often sent to me to his desk, — I saw large sums of Continental — money & also saw & read a Commission from Joshua Elderkin Esq., Commissary in the Revolutionary Army of the United States, to my Father, appointing him Deputy Commissary — to purchase Clothing &c. for said Army. — He expired on the 28 th of January A.D. 1811; in the following Spring my only Brother, John C. Howard, was appoint- ed Administrator of the Estate of my Father deceased; — he had the estate settled by Commissioners; — those papers that were con- sidered worth preserving, were kept; the remainder, & among them, — many papers relating to the business, of my Father deceased, as Dep- uty Commissary, were destroyed. Sarah H. Cady,
Sworn to and subscribed by Sarah H. Cady this 18th
every

16 th day of April AD 1846 Testimony
Southern District of New-York, ss :
I, FREDERIC J. BETTS, Clerk of the Circuit Court of the United States for the Southern District of New-York, do hereby certify that George W Morton whose name, in his own proper hand writing, is subscribed to the jurat to the annexed deposition was, at the time of signing the same a Commissioner duly appointed by the Circuit Court of the United States for the Southern District of New-York, and authorized by act of Congress to administer oaths &
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed the seal of the said Circuit Court, this Eleventh day of April - in the year of our Lord one thousand eight hundred and forty and of the independence of the United States the sixty fourth
Fred J Betts Clerk
[Faint mirrored text from the reverse side of the page]

in the year of our Lord one thousand eight hundred and forty and of the independence of the United States the sixty fourth
Fred Bates Clerk

City of New York April 11 th 1840
I John B Howard of Hartford in the County of Hartford State of Connecticut under oath say that I was born in Hampton Windham County in said State a- bove named, that I am the son of James Howard Esq d late of Hampton Connecticut, was by the Court of Probate appointed, Administrator of the Estate of James Howard Esq d the Spring after his death which was in the month of Jany 1811. On examination of the Estate I was advised to have Commis- sioners of Appraisers appointed, as my father was a man extensive in business; a large amount of papers were by me presented to appraisers & Commissioners, in their proceeding they adhered to the laws of the state, all papers within seven years standing, worth any thing to the Estate were by them preserved; a large quantity of papers, among which were many papers relating to his business in the Revolu- tionary War, which the appraisers said were worth nothing to the Estate; (and with L s papers I believe the commission appointing said James Howard Esq d Deputy Quartermaster in the Revolutionary Army). They advised me to destroy, - I burnt the same in the present in 1811 over

They have long since died - My Father often conversed with me in relation to the Revolution- ary War, of his purchasing supplies for the army & said he was Deputy Commissary under Joshua Eldredkin of Windham, he named posts where he was ordered to deliver clothing for the use of the State Troops, - I used often to hear my Father lament the hard fate of the Howard Family in consequence of the R. War. - One Brother died at the battle of Bunker's hill, & one returned from the army sick & died - For almost three years steady service he himself received nothing but Continental Money for his services - it fell to no value & remained in his Desk at his death. - he used to say to his Family the love of his country & independence were his only reward
New York April 11. 1840.
John B Howard
State of New York City & County of New York ss. April 11 1840
Personally appeared John B. Howard, well known to me, and made solemn oath to the truth of the foregoing affidavit by him sub- scribed before me
Ebenezer Young Commissioner Connecticut

I, ROYAL R. HINMAN , Secretary of the State of Connecticut and keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern, That S. L. Williams Esq. is and for more than six months last past has been a Judge of Probate, within and for the Probate District of Pomfret in this State, duly appointed and commissioned, as appears on record in this Office, with power to settle estates of deceased persons, testate or intestate, and to certify any official acts in said Probate Office by his seal of office and signatures to which full credit is to be given in court and country.
In testimony whereof, I have in my capacity of Secretary as aforesaid, hereunto set my hand and affixed the seal of said State at the Office of the Secretary of said State, in Hartford, the 7 th day of April A. D. 1840
And I certify that the signature of S. L. Williams is his genuine signature
Royal R. Hinman Secretary

State of New York
City and County of New York ss:
John C Howard, of the Village of Wil- iamsburgh, in the County of Kings and said State, being duly sworn doth depose and say, that he is a son of James Howard, late a resi- dent of the Town of Hampton, County of Wind- ham and State of Connecticut, and now de- ceased. That the said James Howard departed this life on the twenty eighth (28th) day of Jan- uary, one thousand eight hundred and eleven (AD 1811). — that deponent was appointed one of the administrators of the estate of his said deceased father — that as such administrator this deponent examined all the papers belong- ing to the estate of his said father — that among such papers this deponent found a Commission appointing his said father an assistant Com- missary in the Revolutionary Army — that said Commission was issued by Joshua Elderton a Commissary for the State of Connecticut during  in the Revolutionary War. Deponent further saith that among said papers he also found accounts of his said father to a large amount for supplies actually furnished by him as such assistant Commissary as also a large amount of Continental money. Deponent further saith that in conversation which he had with his father before his de- cease, he has frequently told deponent that he was a commissary in the army in  during the Revolutionary War, appointed by Joshua Elderton, and that large amounts of Con- tinental money which he then had in his

proportion 3 and which was at the time of such Commission utterly worthless, was received by him in payment for supplies furnished by him to the Army during the time of his acting as such Commissary. Deponent further saith that many of the papers belonging to his said father's estate including such Commission were destroyed by his deponent in the presence of his Co-administrator and the Commissioners appointed to wind up the affairs of the estate within a short time after his father's decease being at the time supposed to be of no value to the estate or any person whatsoever. Deponent further saith that his Co-ad- ministrator and the said Commissioners
State of New-York, City and County of New-York, } ss.
I, GEORGE W. RIBLET, CLERK of the City and County of New-York, and also Clerk of the Court of Common Pleas for the said City and County, being a Court of Record, DO HEREBY CERTIFY, That Alfred Eve before whom the annexed deposition was taken, was at the time of taking the same, a Com- missioner of Deeds for said City and County, duly appointed and sworn, and authorised to administer oaths to be used in any Court in said State and for general purposes; and that his signature thereto is genuine, as I verily believe.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said Court and County, the 4 th day of December 1850.
Geo: W. Riblet Clerk.

proportion; and which was at the time of such Commission utterly worthless, was received by him in payment for supplies furnished by him to the Army during the time of his acting as such Commissary. Deponent further saith that many of the papers belonging to his said father's estate including such Commission were destroyed by his deponent in the presence of his co-administrator and the Commissioners appointed to wind up the affairs of the estate within a short time after his father's decease being at the time supposed to be of no value to the estate or any person whatsoever. Deponent further saith that his Co-ad- ministrator and the said Commissioners are all dead.
Sworn to before me this 4 th { day of December A.D. 1880. }
Alfred Reed John C Howard Comm r of Deeds
for the City and County of New York appointed by the Mayor & Corporation of said City of New York —

H. R. 643.
A BILL
For the relief of Sarah Howard, widow of James Howard.
APRIL 13, 1860.—Read twice, committed to a Committee of the Whole House, and ordered to be printed.

IN THE HOUSE OF REPRESENTATIVES.
APRIL 13, 1860.
Read twice, committed to a Committee of the Whole House, and ordered to be printed.
Mr. DELANO, from the Committee on Revolutionary Pensions, reported the following bill :
A BILL
For the relief of Sarah Howard, widow of James Howard.
1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3       That the Secretary of the Interior cause the name of Sarah 4       Howard to be placed on the pension roll for two years' 5       service of her husband as an assistant commissary in the State 6       of Connecticut in the revolutionary war, under act of fourth 7       of July, eighteen hundred and thirty-six; and in case of her 8       death, the pension due to be paid to his children.

Mr Thayer's Argument
J. Mr Thayer

Washington June 7 th 1852
Sir
The first objection urged in your letter of the 16 th of May 1851, to the admission of the claim of M rs Sarah Howard, Widow of James Howard, as Assistant Commissary, is that Commissary Joshua Elderkin by whom he was appointed, had no authority to appoint an assistant; and to arrive at this conclusion, you assert that Joshua Elderkin being a State Commissary and receiving only $480. Per Annum, held a rank only equivalent to that of an Assistant Deputy Commissary on the continental Establishment, and consequently could not have appointed an Assistant. Upon what grounds you arrive at this conclusion I am at a loss to conjecture, unless it be from the low rate of pay he received. — Assuming then this to be the ground upon which you arrive at that conclusion, I will remark that the pay allowed by the several States varied, each State fixing its own rate of pay, — that the pay fixed by the States had nothing to do with the rate of Pension to which those Officers were entitled. The Pension in all cases is fixed by the pay of Officers of like grade on the continental Establishment. — If this were not the case, you would have Officers of the same grade pensioned at less than one half, in one State, what they were in another. — In Connecticut (the State in which M r Elderkin served) the pay of Brigade Majors was but $30 per month, while in many of the States it was the same as those on Continental Establishment, Viz $60 per month: so you would Pension a Brigade Major

Major in Connecticut at $360, while for the same grade in Massachusetts, or in the Continental Army, you would allow $600 per Annum, and further, upon the same principle by which you arrive at the grade of Mr. Elderkin (by the rate of his pay) you would make a Connecticut Brigade Major an Assistant Deputy Brigade Major, or you would make a Captain an Ensign. — So you will perceive the impossibility of fixing the grade of a State Officer by the rate of pay he received. — In this connection I would refer you to the papers on file in your Office in the case of Abigail Webb Widow of Samuel Webb, New York Roll Act 1832, who as Brigade Major received $30 per month from Connecticut, whose Widow and was erroneously pensioned at that rate, until upon a representation of the facts made by me to the late Commissioner of Pensions, he immediately had the Error corrected, and Mrs. Webb pensioned at the rate of pay allowed that class of Officers on the Continental Establishment. —
• Joshua Elderkin was a State Commissary, having a particular District assigned to him, and was in all respects equal in rank, if not superior, to a Deputy Commissary on the Continental Establishment, who, like the State Commissaries had particular Districts assigned to them. — A Deputy Commissary on the Continental Establishment had the Appointment of his Assistants (See Journals of Congress Vol 2 Page 155) and so had the State Commissaries. —
The objection originally urged by the Office was not that a State Commissary had no power to appoint his Assistants, but a doubt, then existing, but long since removed, of Mr. Elderkins being a Commissary. —
That Joshua Elderkin had authority to appoint an Assistant there can be no question, and that he did comm Commission

commission James Howard, the Affidavits on file in your Office place beyond a doubt. — But whether James Howard was commissioned or not is a matter of no importance as you will perceive by the fifth Section of the Resolution of November 5 th 1776, in Vol 1 Page 538 of the Journals of Congress.
The Second and only remaining objection mentioned in your letter to the admission of Mrs Howard's claim, Viz "That as an Assistant Commissary of Purchases her husband received a Commission instead of a fixed monthly pay, having been overruled by recent decisions in similar cases, it is unnecessary for me here to refer to it. —
The fact that upwards of two years service was performed by Mr Howard, has never been questioned. The Affidavits of Peter Saunders, Pompey McCuff and Betsey Read, three of the most respectable Citizens of Connecticut, each of whom had a personal knowledge of the fact, placed that matter beyond doubt. Indeed the Affidavit of either one of these would, by the Regulations adopted under, and by Authority of the Act of July 4. 1836 (the Act under which Mrs Howard claims) have been sufficient to establish the service. I refer to the 8 th Rule of those Regulations , and most respectfully call your particular attention to it. I will give you the names of one or two cases similar to Mrs Howard's which have been allowed upon the grade of evidence admitted by that rule , Viz. W m Martin of V t Act 32, Hannah box of New York Act 36, or 38, Sarah Potter Widow of Alex r Bidwell Act 36. N.Y. and Fannie Moss Act 38 Illinois. The first of these was allowed by Genl Cass, when Secretary of War, and the last by the

the Commissioner himself. There are many hundreds of such cases. Had I permission to refer to your files could point them out to you. —
Respectfully requesting an early decision
I am
Your most ob t Servant
J. M. Thayer
Mr. Thayer's Argument
J. E. Heath Esq. Com r of Pensions

State of Connecticut ss. Office of Secretary of State.
I Noah A. Phelps, Secretary of said State, do hereby certify that at a General Assembly of said State, holden in Dec. 1776 it was "Resolved that Jeremiah Wadsworth Esq be & he hereby is appointed a commissary of Supplies" &c - and it was further "Resolved that Doct. Joshua Elderkin" (together with five other persons named) "be and they hereby are appointed to procure and purchase for the use of this State all such articles of refreshment and clothing within this State for the purpose" of supplying the troops raised or to be raised in this State, "as they or either of them shall be directed to do by his Honor the Governor and Council of Safety who are hereby empowered to give order accordingly and to transport the same to the said commissary of Supplies, or his order" &c. They were to "give bond, receive orders & be accountable" &c. "The pay and rations of said commissary of Supplies shall be the same as a Captain in Continental Service."
I further certify that at a session of the Council of Safety Aug. 15. 1776 an order for £400, was drawn in favor of Dr Joshua Elderkin to purchase tents &c for the Continental Army in the northern department.
At a session of said Council Nov. 15. 1776 an order of £1,000 was given to Dr J. Elderkin to purchase clothing &c for the State, & render his account. Aug. 2. 1776, a like order was given to him for £200 to purchase tents & clothing for the Continental Army.
At a session Feb. 21. 1777 an order was given on Dr J. Elderkin deliver Col. W. Douglass or his order 300 blue coats in his possession labelled with ash colored cloth.
At a session April 3. 1777 an order was given on Dr Elderkin for 100 pr of shoes, and 100 pr of stockings, for Col. Durkee's Regiment.
At a session Aug. 17. 1780 Dr Joshua Elderkin of Windham was appointed & empowered to purchase wheat, rye, corn & rye flour, - to make return of the quantity purchased to the Governor as often as once a week & to dispose of the same agreeably to such orders as the Governor

shall give - for which services the same commissions are allowed him as is allowed commissaries for purchasing grain. The Committee of the Pay Table to draw an order on the "Treasr" in his favor for £200, cont d new Bills "to be improved to purchase grain agreeable to the above appointment he giving bond & to be accountable".
At a session Aug. 24. 1780, "Resolved that Dr Joshua Elderkin, Purchasing Commissary, be directed to send forward, as soon as possible, all the wheat, rye & indian corn, being first ground into flour & meal, which he has already purchased, & deliver the same to Mr Guy Richards Assistant Commissary for the use of the three month's Militia employed in cutting Fascines on Norwich river".
At a session Oct. 19. 1780, "Resolved that the Com tee of Pay Table be directed to draw on the Treasurer for £200, State Bills, in favor of Dr Joshua Elderkin, Purchasing Commissary, for the use of his Department, he to be accountable".
And I further certify that the foregoing is a true copy of, or extract from, Records in this office.
In testimony whereof I have hereunto set my hand and affixed the Public Se. of the 1 st State, which by law is in my custody & possession, 4 th day of March 1843.
Noah A. Phelps Secretary of State

House of Representatives 8 January 1862.
Resolution, discharging the Committee on Revo- lutionary Pensions from the further consideration of the claims of the Children of Sarah Stewart, wid. of Barnes; and of Rhoda H. and Reuben Cham- pion - the cases being pro- vided for by general law, and no further legislation being necessary.
Respectfully referred to the Committee on Pensions.
John Smith Clerk. Dept. Interior Jan'y. 9. 1862.

Thirty-seventh Congress. Second Session.
CONGRESS OF THE UNITED STATES.
In the House of Representatives.
January 8, 1862.
On motion of Mr. Duda Resolved, That the Committee on Revolutionary Claims be discharged from the further consider- ation of the claims of the children of Sarah Howard, widow of James, and of Rhoda H. and Reuben Chapman, and that they be re- ferred to the Interior Department, both cases being provided for by general law, and no further legislation being necessary on the sub- ject.
Attest.
Em: Etheridge
Clerk.