James Fielding: The Fight for His Pension

This blog post is the seventh in a series on my ancestor, James Fielding, one of my more fascinating ancestors. After his early life, his stint in the Civil War, having to change his profession, his police officer days, and his involvement in the GAR, and the house on Norwood Avenue, he spent the last days before his death at the Soldier's home in Dayton, Ohio.  This is the story of the fight for his pension.

After James Fielding passed away in February of 1913, his daughter Nellie and his brother John were left to cover his final expenses and settle his estate.  John was listed as the executor of James' will, which was five pages long and admitted into probate on 12 March 1913. 

James had left a bit of property, the legacy of his late wife, when he died.  The house and its lot were part of that estate.  The furniture and the house were both left to Marcus, James H., Edward and Nellie. Mark was also left the piano and $400, while Edward was left $250 and the dining room wardrobe  Nellie was left the large mirror and her mother's clothing as well as $400.  James H. was left $1500 should the house be sold for his living expenses (which makes sense given his disabilities, as he was paralyzed and blind, though it is still yet unknown how he came to be afflicted), with John Fielding being in charge of the money.

Daughters Mrs. Jennie Titus, Mrs. William McKim (Emma) and Mrs. Charles Woods (Birdie) were all left just $5 each.  This was likely due to the fact that all had married and were relatively settled with their husbands and did not need more money.  But this is speculation.

As of April 1913, the estate hadn't yet been divided, but the house and lot were worth $3200 and the last assessed value of the real estate was $2500 per Application for Reimbursement for James Fielding, certificate number 11390, filed 11 April 1913 by daughter Nellie M. Anderson.  

According to his daughter, James was sent back home from the Soldier's Home where he had been residing in October 1912 and stayed at his home in Pittsburgh until December 1912.  Nellie asked for reimbursement of $100 to pay for the care that she gave her father those three months before he was sent back to the Soldier's Home.  She also was asking for the $37.50 that she had to pay the undertaker and $5.30 for undisclosed "incidentals."  One of the witnesses on this pension application was Sarah A, McLaughlin, who was the current wife of Nellie's maternal step-grandfather, Elmon McLaughlin.  The other witness was her sister, Laura Armstrong.  Both witnesses resided at 2713 Veterans Street in Pittsburgh. 

This reimbursement was disallowed due to the fact that the value of the real estate was sufficient to cover all of the claims Nellie had made.  A letter from the Commissioner of Bureau of Pensions to Mrs. Nellie Anderson, dated 14 May 1913 rejected her claim.

On 31 July 1913, a letter was sent from Stephen G. Porter, the House Representative from the Twenty-Ninth District of Pennsylvania, to G. M. Saltzberger, the commissioner of the Bureau of Pensions in Washington, D. C.  The letter asked for the status as to why back pay of two months for James Fielding was not paid, even though Nellie Anderson held a receipt saying it should have been paid. 

I'm going to sidetrack a little here, since I did a bit of research on Stephen G. Porter to find out who he was, since he wrote not one, but at least two letters on behalf of Nellie and James H. Fielding.

Stephen G. Porter was born in Ohio but moved to Allegheny City with his parents at the age of eight.  He first studied medicine, but switched to studying law and became a lawyer.  He was the city solicitor of Allegheny City from 1903-1906 and was elected to Congress in 1910, serving from 4 March 1911 until his death in 1930. In 1913, he was running for mayor of Pittsburgh as well as serving in Congress.  He ran against public works director Joseph G. Armstrong, another North Sider.  Porter was unsuccessful in that bid, as it appears from several Pittsburgh area newspapers in a quick search on Newspapers.com that Armstrong was the favored one.  Perhaps helping with this issue that the Fieldings were having was an attempt to help garner votes away from Armstrong.

On 11 August 1913, a letter from the acting commissioner of the Board of Pensions was sent in reply to the Honorable Stephen G. Porter of the House of Representatives stating that stated that "the law (note here: the statute at law was from 53rd Congress. Sess. III. Ch. 192. 1895.) provides that such accrued pension as was due the soldier at the time of his death shall be paid, first, to his lawful widow, and if there be no widow, then to his child or children under sixteen years of age at the date of his death.... if no widow or minor child under sixteen years of age survive the pensioner, no payment of the accrued pension can be made or allowed except so mush as may be necessary to re-imburse (sic) the person who bore the expense of the soldier's last sickness and burial, provided he did not leave sufficient assets to meet such an expense."  It also stated that the claim for re-imbursement was denied because the house and assets left by James Fielding were sufficient to meet such expenses.

According to papers in James Fielding's pension file, it took nearly three years to settle James' estate, but currently I cannot locate any other paperwork to assist in why it took that long.  The will he left was the only paperwork located.

On 9 January 1917, Nellie wrote a letter to the Pension Board asking why there could not be a pension provided to helpless children of old soldiers.   She also stated that the estate was settled in April 1916, in which there was nothing left to place James H. Fielding into a home, making him solely dependent on his sister, who still lived in the house on Norwood Avenue.  It stated:

Letter from Mrs. Nellie Anderson to the Pension Agent in Washington D. C. dated 9 Jan 1917; Scanned copy provided in the pension file for James Fielding from NARA sent to Kelley Wood-Davis 29 Jan 2020 by Deidre Erin Denton, genealogist

The Pension Act of 1890 (51st Congress. Sess. I. Ch. 634. 1890) did have a clause in it that stated "in the case a minor child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted."  However, because James H. Fielding's disabilities came about after he had attained the age of majority, he did not fall under the proviso of the act.  A letter sent G.M. Saltzgerber to Mrs. Nellie Anderson, dated 14 March 1917 informed her of this.

In a letter dated 27 May 1919 to the Honorable Stephen G. Porter, who was apparently personally acquainted with the condition of James H. Fielding, Nellie wrote that she was unaware at the time of probate that the property her father owned was encumbered and that the debts from his burial and services had to be born by her.  She made another plea for her father's final pension payments.  She also wrote: "He was entitled to the increase of $1.00 per day for all old soldiers over 75 years of age, had been advised of the fact in May 1912 but he had never received but $15.00 per month till his death."

Much to Nellie's chagrin, it appears that naught came of this letter writing, for it seems the pension owed to her father went back to the government.  The family continued to earn their meager living and James Henderson continued to rely on his widowed sister for support.

James Henderson Fielding lived in the house on Norwood with his sister until at least 1920, when he appears on that year's Federal Census with her, listed as having been blind.  he last appears in the Pittsburgh area city directories in 1919, listed as living in the house.  He then appears in the 1930 census in the Saint Barnabas Home on Meridian Road on Richland Township, a care facility dedicated to helping lower income people.  He died at the home from chronic asthma on 13 December 1931 and was buried at the home's cemetery in Mars, Pennsylvania two days later.

Nellie was such a notable woman that I had written a blog post about her life.  I need to update it a bit, as I have some new information on her. But that is to come.

Thus ends James Fielding's story.  He was a remarkable ancestor of mine and I was honored to be able to write this series about him.  Perhaps, one day, I will find all the answers.... but the pursuit of genealogy research is more fun when I discover more questions than answers.....

Sources Used:

"1920 United States Federal Census," database with images, Ancestry.com Operations, Inc, Ancestry.com (www.ancestry.com : accessed 25 February 2020), Entry for James H. Fielding and Nellie M. Anderson, Year: 1920, Census Place: Pittsburgh Ward 26 Allegheny, Pennsylvania, Roll: T625_1526, Page: 3B, and Enumeration District: 729; citing Fourteenth Census of the United States, 1920. (NARA microfilm publication T625, 2076 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.

"1930 United States Federal Census," database with images, Ancestry.com Operations, Inc., Ancestry.com (www.ancestry.com : accessed 25 February 2020), Entry for James H Fielding, Year: 1930, Census Place: Richland Allegheny, Pennsylvania, Page: 18A, Enumeration District: 0773, and FHL microfilm: 2341723; citing United States of America, Bureau of the Census. Fifteenth Census of the United States, 1930. Washington, D.C.: National Archives and Records Administration, 1930. T626, 2,667 rolls.

Application for Reimbursement, certificate number 11390, deceased pensioner James Fielding, E, 155th Pa Inf., dated 11 April 1913; Scanned copy provided in the pension file for James Fielding from NARA sent to Kelley Wood-Davis 29 Jan 2020 by Deidre Erin Denton, genealogist; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); Records Relating to Pension and Bounty-Land Claims 1773-1942, Records of the Department of Veterans Affairs, RG 15; 2,807 rolls, National Archives, Washington, D.C.

Central Branch, National Home for Disabled Volunteer Soldiers Form No. 37, reporting death of James Fielding, pension cert no 11390, filed 21 Feb 1913; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

"Death notice," The Pittsburgh Post (Pittsburgh, Pennsylvania), 14 December 1931, page 30, death notice for James. H. Fielding; online images, Newspapers.com (www.newspapers.com : accessed 19 February 2020).

Department of Interior, Bureau of Pensions, Finance Divisions, referral of reimbursement for claim of James Fielding, certificate number 11390, dated 4 June 1919; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Find A Grave, database with images (www.findagrave.com : accessed 19 February 2020), memorial page for James Henderson Fielding, Find A Grave Memorial # 125766296, citing Saint Barnabas Home Cemetery (Mars, Butler, Pennsylvania), memorial created by Gail Slater, maintained by BSATroop400, photograph by Steve.

House Office of History and Preservation and the Senate Historical Office, Biographical Directory of the United States Congress (https://bioguide.congress.gov/ : accessed 17 February 2022), Entry for Stephen Geyer Porter, 1869-1930 (id P000447).

Letter from Acting Commissioner E. C. J. to the Hon. Stephen G Porter, dated 11 August 1913; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from E. C. Tieman, acting commissioner, to Hon. Stephen Foster, dated 18 June 1919; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from the Commissioner of Bureau of Pensions to Mrs. Nellie Anderson, dated 14 May 1913; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from G.M. Saltzgerber to Mrs. Nellie Anderson, dated 14 March 1917; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from Mrs. Nellie Anderson to the Honorable Stephen G. Porter, dated 27 May 1919; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from Mrs. Nellie Anderson to the Pension Agent in Washington D. C. dated 9 Jan 1917; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from Stephen G. Porter, Representative of the 29th District Pennsylvania, to G. M. Saltzgaber, Commissioner of the Bureau of Pensions, dated 31 July 1913; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Letter from Stephen G. Porter, Representative of the 29th District Pennsylvania, to G. M. Saltzgaber, Commissioner of the Bureau of Pensions, dated 2 June 1919; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

"Pennsylvania, Death Certificates, 1906-1963," database with images, Ancestry.com (www.ancestry.com : accessed 19 February 2020), Entry for James Henderson Fielding, died 13 Dec 1931, cn 112920; citing Pennsylvania (State). Death certificates, 1906–1963. Series 11.90 (1,905 cartons). Records of the Pennsylvania Department of Health, Record Group 11. Pennsylvania Historical and Museum Commission, Harrisburg, Pennsylvania.

Receipt of Payment for Funeral Services For James Fielding from Mrs. Nellie Anderson to R. T. Rodney, Funeral Director; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

Reimbursement for Claimant Nellie Anderson in case of James fielding, invalid pensioner per act of 11 May 1912, filed 14 May 1913; citing Pension application files based upon service in the Civil War and Spanish-American War ("Civil War and Later"); RG 15, 2,807 rolls, NA–Washington.

R.L. Polk & Co.'s Pittsburgh city directory, 1919 (Pittsburgh, Pennsylvania: R.L. Polk & Co, 1919), page 1039, "Fielding Jas H, r 2704 Norwood"; digital image, University of Pittsburgh, Digital Research Library, Historic Pittsburgh (www.historicpittsburgh.org : accessed 10 February 2022).

U. S. Congress, The Statutes at Large, Treaties and Proclamations of the United States of America, vols. 19-125 (United States Government Publishing Office: Washington, D.C., 1876–2011), 26: 182-183, 27 June 1890, "An act granting to soldiers and sailors who are incapacitated for the performance of manual labor and providing for pensions to widows, minor children, and dependent parents," 634.

U. S. Congress, The Statutes at Large, Treaties and Proclamations of the United States of America, vols. 19-125 (United States Government Publishing Office: Washington, D.C., 1876–2011), 27: 964-965, 2 March 1895, "An Act To provide for the payment of accrued pensions in certain cases," 192.

U. S. Congress, The Statutes at Large, Treaties and Proclmations of the United States of America, vols. 19-125 (United States Government Publishing Office: Washington, D.C., 1876–2011), : 1912, 11 May 1912, "An Act Granting pensions to certain enlisted men, soldiers, and officers who served in the Civil War and the War with Mexico," 123.

Will of James Fielding (1913), Probate Records of Allegheny County: Will Book 120, Number 20, Page 34; Register of Wills, Pittsburgh, Pennsylvania.