Revolutionary War Pension and Bounty Land Warrant Application File R. 38, John Adams, Md Privateer
Page 1

(3-1776)

SERVICE                                       NUMBER
Md                  Adams, John           R. 38
Privateer

CONTENTS
Mar. 5, 1763 in Somerset Co. Md. res. there at enl.
in 1833 res. Ross Co Ohio there died May 19, 1835
Page 2

218.655
John Adams
Hm. N. Allen
Page 3

Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832
State of Ohio
Ross County ⎬ ss On this Sixteenth day of October 1833 personally appeared in open Court, before the Judges of the Court of Common Pleas for the County aforesaid, now sitting, John Adams a resident of Twin township, in the
County of Ross and State of Ohio, aged seventy years, who being first duly sworn according to law, doth, on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832-
That from information received from his uncle William Adams of SummersetCounty Maryland, with whom he was raised untill the age of about 14 years (his parents having both died in his infancy,) he was born in Summersett County in the State of Maryland
on the 5th day of March 1763. That about Sept 1778 he left his uncle in Summersett County, Maryland; went directly to Annapolis in Maryland, and in the same month of September, from the best of his recollection, he
enlisted in the service of the United States in the Revolutionary War on board the U.S. ScoonerPlator, commanded by Capt Stewart - the length of time for which he enlisted he cannot now recollect, but is certain that he continued in the service of the U. Stateon board of said scoonerthe full term of three months as a guard boat to the army, and bringing provisions & to the army then lying in Annapolis - at the expiration of which three months he was discharged; and
went to Baltimore, where about Christmas he went on board a Brig by the name of the Black Prince as a privateer, and continued on board different vessels as a privateer untill Septr 1781 when he returned home; and in November 1781 he was drafted to service as a private soldier in the Militia under Genl Gunby and more [illegible] officers, the names, not now recollected; and was employed as a guard on the Manokin river at the town of Princis Ann  ; and on Wicomico River as a guard untill the first of April 1782 when he was discharged, having served the full time of four months on this tour; making the full term of seven months all together
for which he claims a pension under the act aforesaid - that he has now, no documentary evidence of any of his service; and knows of no person now living, whose testimony he can procure, who can testify to any of his services,
that he continued to make Sommerset County, Maryland, his home, untill the year of 1809 when he removed to his present residence in Ross County Ohio, He
Page 4

hereby relinquishes every claim whatever to a Pension or annuity except the present, and declares that his name is not on the pension
roll of the Agency of any State
Sworn to in open Court this 16th day of Oct A D 1833
John Adams
Humphrey Fullerton Clerk
We Elijah Truitt - a Clergyman, residing in the township of Union in Ross County, and John McDonald & Henry Sharp residing in
Ross County Ohio - hereby certify that we are
well acquainted with John Adams, who has subscribed and sworn to the above declaration
that we believe him to be seventy years of age; that he is reputed and believed in the neighborhood where he resides to have been a
soldier of the Revolution; and a man of truth, and that we concur in that opinion
Sworn to and subscribed, the day & year aforesaid
attest
Humphrey Fullerton Clerk
Elijah Truitt
John McDonald
Henry Sharp
Page 5

In the matter of John Adams for a pension the Court hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department that the above named applicant was a revolutionary soldier and served as he states and the Court further certifies that it appears to them that Elijah Truitt who signed the
preceeding certificate is a
Clergyman in Union Township Ross
County and that John McDonald and Henry Sharp who has also signed the same are residents in Ross County and are credible persons and that their statements are entitled to credit
The State of Ohio
Ross County Ss
I Humphrey Fullerton Clerk of the Court
of Common Pleas for the County aforesaid do hereby certify that the aforegoing contains the original proceeding of the court in the matter of the application of John Adam for a pension
In Testimony whereof I have hereunto set my
hand and affixed the seal of said Court this
14th day of November AD 1833 & of this State
the 31st
Humphrey Fullerton Clerk
Page 6

218.655
John Adams
[stamp] The National Archives of the United States
Ohio
Hon William Allen
Ho of Rep [House of Representatives]
Page 7

War Department
Pension Office
12th Dec  1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed.   The notes and the regulations will shew [show] what is necessary to be done.  Those points to which your attention is more particularly directed, you will find marked in the margin with a brace (thus: }).  You will, when you return your papers to the Department, send this printed letter with them; and you will, by compling [complying] with this request, greatly facilitate the investigation of your claim.
A Statement shewing [showing] the Service of John Adams
Period when the service was rendered   1778
Duration of the claimant's service
Years                 Months  3             Days
Rank of the claimant       Seaman
Names and rank of the Field officers under whom he served     Cap. Stewart
Age at present and place of abode when he entered the service      70 years  Annapolis Md
Proof by which the declaration is supported
Duration of the claimant's service
Years                   Months  4        Days
Rank of claimant          formate
[Stamp] The National Archives of the United States
I am, respectfully,
Your obedient servant
James L. Edwards
Commissioner of Pensions
Page 8

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of Staff of the Army,
and to include under the terms "Continental Line, " "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in the Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of }ss.
County of
On this    day of    personally appeared (a) before
A. B. a resident (b) of       in the county of    and State, Territory or District of      aged (c)   years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)      , with    and served in the     (e) regiment of the     line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [Symbol] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) [document damage]
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid. A.B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I     of the Court of 
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of     for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A.B., a Clergyman, residing in the     and C.D. residing in (the same) hereby certify, that we are well acquainted with     , who has subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,     Clerk of the Court of     do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this     day of     &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration. (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 9

3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefor, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when you called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of person to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same cane be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe her is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other person giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject. [ILLEGIBLE] infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such a person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every contiental officer of soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - For - year - months, and - days, I served as a -. For - months and - days, I served as a -; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place of places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the Relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from nay other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 10

Omit
this within is a true copy of the [illegible] in my possession
James S. McLain
Power of Attorney
case of
John Adams
Delaware 
or 
Ohio
Page 11


The State of Ohio Ross Count SS
Be it known that before me James S. McLain a
Justice of the peace in and for said County personally appeared were Josiah Adams, Celia Moomaw, and Elizabeth Kerr of Ross
County Ohio who being duly cautioned and sworn in due form of law, state that they are children of John Adams decd
who was a revolutionary soldier of the United States and entitled to a Pension and who entered into the service of the United States from the State of Delaware (Somerset County)
that the said John Adams died in the County of Ross in the State of Ohio, on or about the 19th day of May A.D. 1835
and that their mother (named Sophia Smith before her marriage) died in Fayette Co Ohio, on or about the 9th day of November 1847
that the said John Adams and Sophia - then Smith - were married at the County of Somersett in the state of Delaware - (where they then resided) in the year 1805
that they, about the year 1809, removed to the county of Ross in the State of Ohio, where they residue until the time of John Adam's death, as aforesaid,
that these deponents reside in the Counties of Ross and Fayette in the State of Ohio; and furthermore the said Josiah Adams, Celia Moomaw & Elizabeth Kern part of the heirs of said John Adams
By these presents constitute, and appoint, and fully empower and authorize irrevocably, and with power of substitution, F. E. Hassler of Washington City D.C. and James S. McLain, of the City of Chillicothe, Ohio as our true and lawful Attorneys for us and in our names and stead to examine into, to prosecute,
demand and receive from the United States Government and state officers, our rights in all, and in any manner of claim, Pension money, increase or arrears of Pension or Land
that may be due to us as the children jointly with the other children and heirs above mentioned, of John Adams, who died leaving the same undrawn, as in right of law we may be entitled
In witness whereof we have hereunto set our names and affixed our seals this 28th day of September A.D. 1832
Josiah Adams [seal]
Celia X her mark Moomaw [seal]
Elisabeth X her mark Kerr [seal]
In presence of 
James S Mclain
Jonathan Sutton
Wm H. S. Kerrett
Sworn to and subscribed before me this 28th day
of September A.D. 1852
James S. McLain
Justice of the peace
Page 12

Omit
The State of Ohio
Ross County SS
I Angus L Fullerton Clerk of the Court of Common Pleas for the County aforesaid do certify James S McLain Esq before whom the aforegoing affidavit was taken and power of Attorney acknowledged was at the time of taking said affidavit and acknowledgement an acting Justice of the Peace in and for the County aforesaid duly Commissioned and sworn as such and that his signature thereto is genuine.
In testimony whereof I have hereunto set my hand and seal of office this 29th day of September AD 1852
Angus L Fullerton  Clerk
Page 13

Omit
Chillicothe  September 1852
We the undersigned on behalf of the heirs of John Adams decd do hereby agree to allow F E Hassler and James S McLain our half of all moneys or land that may be recovered from the United States Government on account of the Revolutionary service of the said John Adams deceased
Josiah Adams [seal]
Peter Moomaw [seal]
Moses Kerr [seal]
Attest
Jonathan Sutton
Page 14

See letter to
R38
Hon Wm Allen
Nov  1834
cannot find anything
Page 15

Rejected
John Adams
P.O.
Service:
Enlisted:     18
Discharged:     18
Application filed:    18
Alleges: List of suspended claims
printed in 1852 shows cause of
Re-enlisted:    suspension as follows:
For further proof and specification
1928 July 19 Photos to E V Martindale 
See John Adams S39926 Q D Y
Attorney 
P.O.
Page 16

Land Office Annapolis  December 21st 1833
Sir
Your's of the 12th Inst with the declaration of John Adams enclosed was received; there are no mustoror payrolls in this office of the man that served on board the Schooner Plator or the brig Black Prince
I am therefore unable to furnish any certificate in his case; the declaration is herewith returned
I am respectfully 
Your old [illegible]
G G Brower
J L Edwards Esq