Revolutionary War Pension and Bounty Land Warrant Application File S. 23641, John Frailey, Penn.
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SERVICE
Penn.

Frailey, John

NUMBER
S23641
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26073 
Pennsylvania 
John Frailey 
of Phila in the state of Pa.
who was a Pri in the Company commanded by Captain [unreadable] of the [unreadable]  commanded by [unreadable]  in the  Pa  line for [unreadable] 
10 - Mo Pr   $35.33 
Inscribed on the Roll of Penna at the rate of 33 Dollars and 33 Cents per annum, to commence on the 4th day of March, 1831 
Certificate of Pension issued the 1st day of Mar and sent to 1834 [unreadable]  
Arrears to the 4th of Sept 1833   33.33 1/2 
Semi-anl. allowance ending Mch '34 16.66 1/2 
$100.00 
{Revolutionary Claim, Act June 7, 1832}  
Recorded by J. T. Sprague Clerk, 
Book E Vol. 5 Page 14
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29102 
State of Pennsylvania 
County of Philadelphia SS 
On the 28th day of December Anno Domini 1833 personally appeared in open Court before the Honorable Judge of the Court of Common Peas of the City and County of Philadelphia now sitting. John Frailey, a resident of Blockley Township in Philadelphia County aforesaid in the 73rd year of his age 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 7 1832 That he entered the service of the United States under the following named officers, and served as herein stated He entered the Continental service as a volunteer by the consent of his Parents between 16 and 17 years of age in the Militia in Blockley Township aforesaid in the Company commanded by Capt Isaac Williams the names of the other Officers of the Company not recollected in the beginning of the month of August 1777. They marched from Blockley aforesaid to the City of Philadelphia and joined the Regt commanded by Col. McGraw and Major Bush, Brigade Major [unreadable] who were under the command of Genl Potter.  They remained at the Barracks near Green Street about 2 weeks and then went by water to Bilingsport and remained there about 1 week and were then put [unreadable] of the [unreadable] Collins and went to Wilmington in the State of Delaware. They remained at Wilmington not more than 2 or 3 days. They left Wilmington and marched to Newport, [unreadable] below, where they joined the army under Genl Washington command & the British Troops of the line and moving onward from the head of Elk through the Country, they rendezvoued at Newport but a short time before they were ordered to march to Brandywine and arrived at Gibron's Ford the morning before the Battle of Brandywine was fought. They remained stationed at the Ford during the day of the Battle and until about midnight, in readiness for action, when they received orders to retreat and they reached Old Chester about daylight the next morning where they received some little refreshments, and continued their march to the City of Philadelphia. They [unreadable]
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commons until they drew Provisions, and they then returned over to the West side of Schuylkill and lay that night near what is now called the Woodlands and next day moved on up the Lancaster road near the white Horse Tavern a short distance this side of Downingstown, and in the neighbourhood of the Paoli (a spot of ground that never will be forgotten by an American) where they came in contact with the Brittish and were dispersed and driven off in a very deplorable manner. This was some short time after the Massacre. They continued their march through the Country towards the Schuylkill and met the army at the Hoffs Tavern on the Reading Road and were there encamped until, he believes the day before the Battle of Germantown Genl Potter having command, he wished to send a detachment down the west side of the Schuylkill and he volunteered as one. They marched during the day and the greater part of the night until they arrived within about 5 miles of the Middle Ferry on the Schuylkill now the Permanent Bridge, and halted to take rest they again resumed their march and arrived at the Ferry about day light, and found there very little resistance. The Brittish Picket Guards had crossed over the Ferry into the City side. They cut the Ferry rope to prevent the Brittish from crossing over to the west side, and after cutting the rope they divided, part of the detachment went down to Hamilton's Marsh and captured 30 head of Cattle which were guarded by the Brittish and drove them to the encampments. 
He remained in the service and was engaged in securing frontier during the fall and winter of 77 and 78 and were kept marching from the encampment to the lines as often as was thought necessary to prevent the Tories from carrying provisions to the Brittish. He sometime in the spring of 1778 he received word from his Parents to leave the service and go to his uncles in Reading which he did, the time he left the service he cannot recollect , but he is confident he was in the service during this campaign not less than eight months
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And the said Court do hereby declare the opinion after the investigation of the matter and of putting the interrogatories presented by the war department that the above named applicant was a revolutionary soldier and served as he states. And the Court further certifies that Henry Leech Esq and Charles Gamlen are residents in Blackley Township aforesaid who has signed the preceding certificate, and are credible persons and that their statement is entitled to credit.  
Edward King
Hugh Ferguson
I Richard Robins Esq Prothonotary of the Court of Common Pleas do hereby certify that 
The foregoing certificate is a copy of the proceedings of the said Court in the matter of the application of John Frailey for a pension.
In testimony whereof I have set my hand and the seal of the said Court of Pleas this 28th day of December Anno Domini 1833
Richard Robins Prothy
Jacob Latch of Montgomery County duly sworn according to law says that he is 76 years of age that he has herd the within declaration of John Frailey and that the facts set forth therein so far as stated [unreadable] and true to the best of his recollection, 
Jacob Latch
Sworn and subscribed the 28th day of Dec. 1833 
F. A. Maybold
J.P.
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He again entered the service as a draftee Militia man, in August 1780, the day of the month he dont recollect in Marion in Montgomery County & State foresaid, and was a Musician in the company commanded by Capt Richard Roberts Lieut. Joseph Price and Ensign Wm. Frite which they were attached was commanded by Col. James Barry, and Major Jolly. They were marched through the county to into New Jersey encamped and remained until they had served out the 2 months for which they was drafted and were discharged and returned home He was out in the service this [unreadable] 2 months and he was in the service up then Ten months, the [unreadable] for which he claims a pension.  He was born on the [unreadable] day of March 1761.  He has no documentary evidence in his control nor is he certain that he can procure the evidence of any person who knows he performed the service.
He hereby relinquishes every claim to a pension except the present and declares that his name is not on the pension role of the agency of any State 
John Frailey
Sworn to and Subscribed the day & year aforesaid
F. A. Maybold
We Henry Leech and Charles Gamlen residents of Blockley [unreadable]  hereby certify that they are well acquainted with John Frailey who has subscribed and sworn to the above declaration that they believe him to be in the 73rd year of his age and that he is [unreadable] believed in the neighborhood in which he resides to have been a soldier of the revolution and that they concur in that opinion.
Henry Leech
Cha Gamlin
Sworn & Affirmed & subscribed the day & year aforesaid 
Henry Clayword Chas Gunter
F. A. Maybold
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29.102
John Frailey
Penna
Adm 10 Months
M. Taylor
No. 7 George Street
Phila.
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WAR DEPARTMENT, Pension Office, 15th Jany 1834. 
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 what is necessary to be done. These points to which your attention is more particularly directed you will find marked in the margin with a brace this you will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim. 
A Statement shewing the Service of John Frailey
Period when he service rendered  1777  Duration of the claimants service. 8 months  Rank of the claimant.  Priv   Names and rank of the Field officers under whom he served.   Cap. Williams  Col McGann  Age at present and place of abode when he entered the service.   78 years Phila County Pa.   Proof by which the declaration is supported.  Traditionary & Living Witness
Period when he service rendered   1780   Duration of the claimants service.  2 months  Rank of the claimant.  Priv  Names and rank of the Field officers under whom he served.  Capt Roberts  Col Barry   Age at present and place of abode when he entered the service.  Proof by which the declaration is supported.  Living Witness not certified as to credibility [unreadable]
I am, respectfully, 
Your obedient servant, 
JAMES L. EDWARDS, 
Commissioner of Pensions
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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 the 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 this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first in stance, 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 
County of } ss.
On this day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District years, who being first duly sworn, according to law, doth on his oath make the in 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) 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. 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) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only that of 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 hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C.D. residing in (the same) who has 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 day 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 contains the original proceedings of the said Court, in the matter of the application of for a pension. 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
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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, therefore, 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 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 Town officer has become of it?              
7. State the names of persons 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 he 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 can 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 he 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. one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject     
Applicants unable to appear in Court by reason of bodily 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 the 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 person Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed 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 declaration herein required is made, the parties interested will transmit such evidence as they can cure, taken and authenticated before a Court of Record, showing the services of the deceased, the person 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 continental officer or 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---yearmonths , anddays , I served as amonths and --- days, I served as 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 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 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 or 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 any 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 wife nesses, 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.
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Revolution   
23641
INVALID  
OWN
File No. 23,641
John Frailey
Pri Rev War
Act: June 7” 32”
Index:-Vol  2 Page 143
[Arrangement of 1870.]
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Jacob Latch of Montgomery County, being duly sworn according to law, says that he is in his 76 years of age; that he is well acquainted with John Frailey, the within named applicant for a pension and that he has had the declaration of the said John Frailey read, and that the facts set forth therein as far as relates to part of the two last campaigns, are just and true to the best his recollection 
Jacob Latch
Sworn and subscribed before me Feby 19th 1834 
Henry Leech Justice the Peace
I certify that the above named Jacob Latch is a credible person, and that his affidavit is entitled to credit Feby 19 1834 
Henry Leech
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County of Philadelphia ss  
I Richard Palmer Esq Prothonotary of the Court of Common Pleas of said County do certify that Henry Leech Esq. before whom the within affidavit was taken was at the time of taking the same and now is a Justice of the Peace in and for the County of Philadelphia aforesaid in the State of Pennsylvania duly appointed and commissioned and full faith and credit may and ought to be to given to his official acts as such 
Given under my hand and seal of office at Philadelphia this 10  day February 1834 
R. Palmer Prothy
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Penna Sct
24 Feby 1834
PHIL 22 FEB
James L. Edwards
Commissioner of Pensions
Washington D. C.
FREE
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Philad’a Feby 22nd 1834 
Dear Sir,
I have amended the defects in the application of John Frailey and enclosed it.  
The other application shall attend to as soon as I can get the applicants together 
Very respectfully yours &c 
M Taylor 
No. 7 George Street
J.L. Edwards, 
Commissioner of Pensions
Washington