Historic Pelham

Presenting the rich history of Pelham, NY in Westchester County: current historical research, descriptions of how to research Pelham history online and genealogy discussions of Pelham families.

Monday, February 15, 2016

More on Revolutionary War Patriot Philip Pell, Jr. of the Manor of Pelham


Philip Pell is one of the most illustrious citizens ever to have lived in Pelham. Born July 7, 1753, he was the eldest son of Philip and Gloriana (Treadwell / aka Tredwell) Pell.  He served as Deputy Judge Advocate General of the Continental Army (and, some have claimed, for a time, as Acting Judge Advocate General) during the Revolutionary War. He rode triumphantly with George Washington into Manhattan on Evacuation Day at the close of the War.  He served as a Delegate to the Continental Congress, a member of the New York State Assembly, a Regent of the University of the State of New York, and Surrogate of Westchester County. 

Philip Pell, Jr. lived in a home that he built near today's Colonial Avenue (the old Boston Post Road) and today's Cliff Avenue. The 1750 date stone from his home that no longer stands is embedded in the side of a monument to him standing next to today's Pelham Memorial High School.



The Homestead of Colonel Philip Pell, Jr. that Once Stood
Near Today's Colonial Avenue (the old Boston Post Road)
and Today's Cliff Avenue.  Source:  Montgomery, William R.
& Montgomery, Frances E., Colonel Philip Pell (1753-1811)
Abridged from "The Pells of Pelham," The Pelham Sun, Oct.
21, 1938, pg. 11, col. 3.  NOTE:  Click on Image to Enlarge.




Granite and Bronze Memorial to Col. Philip Pell, Jr. on
Grounds of the Pelham Memorial High School.  Source:
Photograph by the Author, 2004.  NOTE:  Click on Image
to Enlarge.

There is an important summary of Philip Pell Jr.'s life prepared by David Osborn, Site Manager of St. Paul's Church National Historic Site where Philip Pell is buried with family members.  Released in July 2013, the summary concluded as follows:

"He died May 1, 1811, at age 57, followed by interment in the St. Paul's cemetery, near his brother and father, who had also served the cause of independenc.  In a fitting postscript to his Revolutionary odyssey, Pell's wartime friend the Marquis de Lafayette paid his respects at the marble stone behind St. Paul's as part of an 1824 commemorative tour of American Revolution sites."  

Source:  Osborn, David, Philip Pell:  Revolutionary War Leader, Last Member of the Continental Congress, National Park Service U.S. Department of the Interior St. Paul's Church National Historic Site (visited Feb. 14, 2016).  

Today's posting to the Historic Pelham Blog attempts to add to the body of research regarding Philip Pell, Jr. by providing images of a variety of Revolutionary War documents written in his hand.  In each instance I have provided a citation and link to the source, followed by a transcription of the handwritten text of the page.  Where necessary, I have added some commentary to provide context for the documents.




Page 1 of Two-Page Letter Dated May 17, 1777 from
Philip Pell, Jr., Deputy Judge Advocate, to John Laurence,
Judge Advocate, Confirming His Appointment as Deputy
Judge Advocate.  Source:  Fold3.com Digital Record Scanned
Required to Access Via This Link).  NOTE:  Click on Image to Enlarge.


Colonel John Laurence, to whom Philip Pell wrote this letter dated May 17, 1777, served as Judge Advocate General and may be best known for his examination on September 23, 1780 of British Major John André as an exposed spy.  The Continental Army hanged André as a spy on October 2, 1780 for assisting Benedict Arnold's attempted surrender of the fort at West Point to the British.   

"Peekskill 17th May 1777

Sir

The Honorable Brigadier General McDougall has been pleased to appoint me a Deputy Judge Advocate in this department; and he is himself dubious of the pay I am entitled to, and also of the Band I am to sustain, beg you'll be kind enough to inform me as soon as may be convenient, and you'll oblige 

your very Humble Servant

Philip Pell Junr.

N.B. please to direct your
letter to be left with Major Platt
at this place -- "



Page 2 of Two-Page Letter Dated May 17, 1777 from
Philip Pell, Jr., Deputy Judge Advocate, to John Laurence,
Judge Advocate, Confirming His Appointment as Deputy
Judge Advocate.  Source:  Fold3.com Digital Record Scanned
from Original in the National Archives (Paid Subscription Required
to Access Via this Link).  NOTE:  Click on Image to Enlarge.

The single-page letter from Philip Pell, Jr. to Col. John Laurence, Judge Advocate General, dated May 17, 1777 was folded and apparently sealed with a wax impression.  On the outside of the folded letter (i.e., the back of the page) is written the address:

"To
John Lawrence Esq.
Judge Advocate General
at
Morris Town --"




Oath of Allegiance Executed by Phlip Pell, Jr., "Deputy
Judge Advocate in the Service of the United States" on
May 9, 1778.  Source:  Fold3.com Digital Record Scanned
from Original in The National Archives (Paid Subscription
Required to Access Via this Link).  NOTE:  Click on Image to Enlarge.

On February 3, 1778 the Continental Congress enacted a congressional resolve that read:  "Resolved, That all officers of the army shall take and subscribe the foregoing oath or affirmation before the commander in chief, or any major general or brigadier general".  Journal of the Continental Congress, Vol. X, p. 115.  

On May 9, 1778, Deputy Judge Advocate General Col. Philip Pell, Jr. discharged his obligation to execute such an "oath or affirmation."  It reads as follows:

"I do hereby certify that Philip Pell Esq. Deputy Judge Advocate in the Service of the United States, in the  Northern Department.  -----

did take the Oath of Allegiance to the United States of America, as prescribed by a Resolve of Congress, bearing the date the 3d of February, 1778.

In Witness whereof, I have signed and delivered the present Certificate.  

Fish Kill May 9th 1778

Alex. McDougall
MGeneral"

As Deputy Judge Advocate General, of course, Philip Pell Jr.'s routine included responsibilities for dealing with General Court Martials -- of which there were many.  There were important matters, but some were routine, though interesting.  One such General Court Martial involved Amos Rose who had an altercation with an officer and raised his musket to fire just as a witness knocked it aside and saved the officer's life.  Philip Pell, Jr.'s official record of the proceeding details what happened, how the proceedings were conducted, and the results of the proceeding.  The following three pages constitute the record of those proceedings.  



Page 1 of Three-Page Record of the Army General
Court Martial of Amos Rose.  Document in the
Handwriting of Philip Pell, Jr., Who Was In Attendance
as Deputy Judge Advocate During Proceeding on July
17, 1777.  Source:  Fold3.com Digital Record Scanned
Required to Access Via This Link).  NOTE:
Click on Image to Enlarge.


Proceedings of a General Court Martial held at Peekskill by order of the Honorable Major General Putnam the 17th day of July 1777

Present

Colonel Shepherd -------- President
Major Grosvner
Major Gray
Captain Brown
Captain Champion
Captain Richards
Captain Allen
Lieutenant Chapman
Lieutenant Angel
Lieut nt Cleaveland
Lieutenant Taylor
Lt. Carpenter
Ensign Hubbard
Philip Pell Jun r:  Deputy Judge Advocate

Amos Rose a private in Colonel Samuel B. Webb’s Regiment arraigned and upon tryal for firing off his gun at Lieutenant Brewster loaded with a ball

Prisoner pleads not guilty –


John Comey being sworn – was at the house in Jersey, heard a noise within, then saw the prisoner coming out and as he came out he carried his piece, also saw Lt. Brewster came out of the house after the prisoner, who told the prisoner to go to his Company – the prisoner turned about with his piece still cocked and said 'he would not' and that he had good a warrant as the Lieutenant – the Lieutenant turn turn’d towards Lt. Brewster again & pointed his gun to about the height of the Lieutenant’s thigh and was getting his finger into the guard when the witness stept up behind the prisoner and ask’d him what he was about and struck the breach of the gun up by which means the Muzsell [sic] was pointed to the ground that the gun instantly went off– witness saw the bullet which was pick’d out of the ground, -- that from the motions of the prisoner in pointing the gun and putting his finger into the guard the witness expected he meant to fire – that Lt. Brewster struck the Prisoner after the gun was discharged –


Lieutenant Avery being sworn – happened to be present when the above affair happened began – was at dinner with Lieutenant"


[Page 1 / Page 2 Immediately Below]



Page 2 of Three-Page Record of the Army General
Court Martial of Amos Rose.  Document in the
Handwriting of Philip Pell, Jr., Who Was In Attendance
as Deputy Judge Advocate During Proceeding on July
17, 1777.  Source:  Fold3.com Digital Record Scanned
Required to Access Via This Link).  NOTE:
Click on Image to Enlarge.

"Lieutenant Brewster -- that the prisoner was in the house & seem'd to be a little insulting then -- that afterwards he behaved very rudely to Capt. Johnson the Landlord of the house by attempting to sit down to table before Capt. Johnson himself, upon which Capt. Johnson turn'd him out doors, the prisoner try'd to break in again, Lt. Brewster went out to him -- The Witness did not go out, but soon heard the Report of a gun at the door, then went out, & the prisoner seem'd to be in a violent rage and attempting to resist Lt. Brewster -- that the prisoner continued to behave exceedingly bad till he was bound -- that he appeared to be but a little in drink -- that the stick of Lt. Brewster defended himself with, was a small piece of pine -- 

Charles Clarke being sworn -- was behind the house when he heard the gun fired, immediately came up & that Lt. Brewster had hold of the Prisoner and struck him with a small pine stick -- the Lt. ordered the Witness to go for a file of men which he did -- as the guard was taking the prisoner along the Prisoner said 'it was pretty well for a Rhode Island man and that he shot at him to kill him, that he was a little man and that he wou'd not be imposed upon by a little man -- that the prisoner did not appear to be in drink -- 

Samuel Halley being sworn -- was at the guard house while the prisoner was under guard, that he heard the prisoner say 'that he meant to kill him' -- that he appeared rational & as if he knew what he said --

Prisoner in his Defence says he was struck twice in the house by which he was stunn'd and did not know what he did after and that he was also in drink at the time -- that he remembred [sic] nothing of what he had done -- that he has been in the service a good while and always behaved well and"





Page 3 of Three-Page Record of the Army General
Court Martial of Amos Rose.  Document in the
Handwriting of Philip Pell, Jr., Who Was In Attendance
as Deputy Judge Advocate During Proceeding on July
17, 1777.  Source:  Fold3.com Digital Record Scanned
Required to Access Via This Link).  NOTE:
Click on Image to Enlarge.

"And never was confined or struck by an officer before --

The Court adjudges the Prisoner guilty; and upon considering the heinous and aggravated nature of his Crime sentences him to suffer the pain of Death -- 

A true Copy from the original copied by me Philip Pell Junr. Dpty. Judge Adv.

Head Quar Peeks Skill July 22n 1777

the Judgement of the Court Martial against Amos Rose is Approved by & said Amos Rose is  Resolved to be Shot to death [struck out and thus illegible]

Israel Putnam M G --"
*          *          *          *          *


I have written extensively about Colonel Philip Pell, Jr. in the past.  For a few of the many examples of such postings, see:








Fri., Mar. 9, 2007:  Abstract of Will of Philip Pell, Sr. of the Manor of Pelham Prepared in 1751 and Proved in 1752.  [This is an abstract of the will of the father of Col. Philip Pell.] 





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1 Comments:

At 8:36 AM, Blogger Dick Forliano said...

Just read about Phillip Pell. Fascinating. I grew up two blocks from his home in Pelham.

I do have two questions.

1. Phillip Pell according to your blog of Friday, March 30, 2007 he married Mary Ward, the daughter of ‘Judge Stephen Ward’. Unfortunately Mary died in 1781. Stephen Ward was Town Supervisor during the American Revolution. Could this have been the same Judge Stephen Ward?

2. Did Phillip Pell become a Federalist or a Republican?

Dick Forliano

 

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