Revolutionary War Pension and Bounty Land Warrant Application File S. 34990, for John Mc Clain, Maryland
Page 1

(3-1776)

SERVICE
Navy
Md. Sea Service

McClain, John

NUMBER
S. 34990

CONTENTS
Page 2

Left Side Page

Copies of papers sent to Hon J A Pearce H.R. June 5, 1838

Let to Hon P F Thomas April 13, 1840. Dead Let to Hon. J A Pearce Feb 6, 1843.

Right Side Page

20146
Maryland
John McClain
of Cecil Co in the state of Maryland who was a mariner in the Fleet Company commanded by Captain Harding of the blank in the Navy of the Revolution for the term of thirteen months from West Indies 1779 to 1780

Inscribed on the roll of Maryland at the rate of eight dollars per month to commence on the first day of January 1828.

Certificate of Pension issued the 21 of May 1830 and delivered to the pensioner.

Arrears to 4th of March 1830 $209.03
semi-annl all'ce ending 4 Sep 1830 $48.00
$257.03

{Revolutionary Claim Act 20 May 1830}

Recorded Vol 7 Page 37 Book D
BLB
Page 3

John McClain
declaration
before the Circuit Court
Washington City
Page 4

District of Columbia County of Washington Sct.
Declaration of John McClain in order to be placed on the Pension List, under the act of Congress of the 18th March, 1818

District of Columbia County of Washington S.S.
On the ninth day of May 1826 personally appeared in open court, being a court of record for the District and County aforesaid John McClain a resident of Cecil County Maryland now in Washington County in the District of Columbia aged sixty eight years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March 1818, and the first May, 1820: That he the said John McClain enlisted on board the United States Frigate the Confederacy at Port Royal Martinique in the year 1779, commanded by Captain Hardy on the Continental establishment; that he continued to serve in said vessel until some time in the year 1780 having been on board said vessel about nine or ten months. When he was honourably discharged from the said vessel at Philadelphia in the State of Pennsylvania, that he hereby relinquishes every claim whatever to a pension, except the present; that his name is not on the roll of any State; and that the following are the reasons for not making earlier application for a pension: that he was unacquainted with the necessary measures to be taken, and from the circumstances of his case whether it came within the provisions of the Acts of Congress. - &
Page 5

And, in pursuance of the act of the 1st May, 1820, I do solemnly swear, that I was a resident citizen of the United States on the 18th day of March, 1818, and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not nor has any person in trust for me, any property or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.

Schedule
Real property none, personal property, nothing more than clothes or apparel and bed and bedding. Mixed property none.

the value of my property real personal and mixed has not at any time since the year 1818 been worth the sum of fifty dollars. I am by trade a Tailor and have a wife living - we both have been for three years at the Alms house in Cecil County Maryland
Page 6

Affirmed and declared to on this ninth day of May 1820min open court
Test Wm. Brent Clk

District of Columbia County of Washington Sct.
I William Brent Clerk of the Circuit Court of the District of Columbia for the County of Washington do hereby certify, that it appears, to the satisfaction of the said Court that the said John McClain did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy. for the term of nine months, under one engagement, on the Continental establishment. I also certify, that the foregoing oath and the schedule thereto annexed are truly copied from the records of the said Court; and I do further certify, that it is the opinion of the said Court, that the total amount, in value, of the property exhibited in the in the aforesaid schedule is nothing.
In testimony whereof I have hereunto set my hand, and affixed the seal of the said Circuit Court this 9th May 1826
William Brent Clk
Page 7

INVALID
Revy

File no 34990
John McClain
Mariner
U S Navy
Rev War

Act 20th May 1830
Index Vol 7 Page 37

[Arrangement of 1870.]
Page 8

1830
Miss W. [illegible] let this go at 1830
and [illegible] Md S.S.
Page 9

Declaration of Cornelius Wells in favor of John McClain
Page 10

Dist. of Columbia County of Washington
On this 19th day of december 1826 personally appears before me the subscriber a Justice of the peace for the county aforesaid Cornelus Wells (a respectable citizen) and makes oath in due form of law.
that he is well acquainted with John McClain of Cecil County Maryland & that the said McClain did serve on board the United States ship Confederacy commanded by Cap. Seth Harding during the year 1780 in the revolutionary war - and that he has seen and heard read the said John McClains declaration said to have been made in open court in Cecil County Maryland and believes it to be true as stated.
James Young
Page 11

District of Columbia

I William Brent clerk of the Circuit Court of the District of Columbia for the county of Washington hereby certify that James Young Esq whose name is signed to the within affidavits of Cornelius Wells was at the time of signing the same and still is a Justice of the Peace in and for the said county duly commissioned and sworn.

In testimony whereof I hereby set my hand and affix the seal of the said court at the City of Washington this nineteenth day of Dec 1826.

Wm Brent - Clk
Cir Court Dist of Colum for the County of Washington

SEAL
Page 12

House of Representatives
Washington, April 12th 1840

Sir

Will you do me the favor to furnish me at your earliest convenience with copies of the papers of John McClain a pensioner under an act passed May 1830.

I am very respectfully
your obt servt

P F Thomas
Page 13

H.R. May 2nd 1838

Sir

John McClain is a pensioner under the law of 1818 I preseum. He was and is of Maryland and served in the Navy of the Revolution - He obtained his pension in 1828 and his application having been made in 1826 he seeks to obtain the arrearages from the time of application. I only desire copies of the papers & supposed that so expressed myself.

Very Resp
Yours
J A Pearce
Page 14

John McClain

States that he enlisted in the year 1779 onboard the United States Frigate Confederacy commanded by Capt. Harding and continued in this service till sometime in the year 1780 when he was honorably discharged at Philadelphia - that he afterwards sailed in the armed Brig Lavana and was in three service engagements with the enemy and aided in the capture of three of the enemies vessels bound to New York with supplies for the British troops. Service on board the Confederacy 9 or 10 months. Petitioner is now about seventy years of age infirm & poor - he and wife have lately been both of them for three years in the Alms house of Cecil County Maryland.

Petitioner's services are proven by the oath of Conelius Wells stated to be a respectable citizen of the District of Columbia .

The statements of his services on board the Lavana proved by the oaths of two witnesses viz Robert Wilson and John Thompson - the
Page 15

committee last year reports in his favor - see Bill No 436 2nd Sep 19 case

Report of Comm of H.R.
Page 16

H.R. Feb 4, 1843

Sir

John McClain of Cecil Co Maryland a revolutionary pensioner has recently died. HIs widow wants to get the arrears of his pension or his pro rata up to the time of his death. Be good enough to inform me if she is to receive it to said me blanks for the purpose if you have them.

Very Respectfully

J A Pearce

J L Edwards 
Comm of Pensions
Page 17

H.R. May 1, 1838

Sir

The petition of John McClain for arrears of pension is before the House commission on Revolutionary Pensions who desire to be furnished with certain papers in your office which they have already written to get for. Supposing that you may have looked or perhaps not rec'd the committee's letter I ask the favor of you to send them the papers in which his pension was allowed.

Respectfully

J A Pearce
Page 18

Baltimore, January 10th 1827

My Dear Sir

May I take the liberty of calling your particular attention to the petition of John McLean who has applied to the present congress for a pension. He served on board the Frigate Confederacy during the revolution then in the continental service as a sailor - I understand that after much difficulty he has been enabled to find one person who served on board the frigate with himself or whose evidence he has procured - The officers I learn are all dead - his proof must be somewhat informal but I should suppose that if congress would be satisfied that he served in the war they would grant him a pension although he might not be able to fulfil every requirement of the case
Page 19

No one doubts in the neighborhood in which he lives & has heretofore resided but that he did serve in the revolution as he represents - He is very old & infirm & can live but a very few years. A very small annual donation will enable him to remove from the Alms house of the county which is now actually his habitation.

His petition has I believe been referred to the committee of Pensions & Revolutionary Claims. Please examine it confer with the committee & inform me whether you think a reasonable hope may be entertained that the Liberality I ought to say the Justice of Congress will be extended to him.

I am very respectfully
your friend

Serrenson Archer
Page 20

To the Honorable
John C Weems
in Congress
Page 21

Elkton, February 2nd 1827

My Dear Sir

I received your letter of the 25th Altimore on Sunday last and thank you sincerely for the kind interest you have taken for poor old McClain. In consequence of the bad weather, I could not see him until yesterday and now give you that a statement of his cruise is rather voyage as his recollection allowed him to furnish me with.

He states that he sailed late in the fall of the year 1778 in the Brig Achilles from Spain for Philadelphia; on coming on our coast they were met with very bad and stormy weather and after endeavoring for some time to make a part in the United States war at last were compelled by the stormy weather and want of provisions to take cover for some past in the West Indies. They reached St. Pierce in the Island Martinique without anything within to eat or drink on board. Shortly afterwards he obtained his discharge from the Brig and learning that the American Frigate Confederacy was at Port Royal he and a fellow sailor crossed the island and, in a few days, enlisted; that the Confederacy had been compelled to put into that port in complete distress being entirely dismantled. The hands had been nearly all discharged but it being determined to sail her he was engaged; this he thinks was in the spring 1779 but does not precisely recollect the time. He worked on board the frigate according to the best of his
Page 22

remembrance made eight or nine minutes before they were asked to leave Martinique. After leaving Martinique they traveled at no path until they assured off the copies of bylaws. Having in company a french brig.
Page 23

an excellent character for veracity integrity and good moral conduct. His wife who is still living has been a complete burden to him for more than thirty years he however managed to support both her and himself in comfort until old age prevented his working with his wanted infidelity then he was compelled to seek a home for both in the Alms House of this county. Mr. Mackett a gentleman whom I well know has told me that since his residence in the alms House the conduct of old McLain has been so remarkably correct as to acquire (a difficult task indeed) the respect and confidence not only of the keeps and trustees but also of all the other paupers.

With an cannot hope that if McClain case is such as will admit of relief he may obtain and my best wishes for you good health & happiness.

I remain your friend

Levin Gale

To the Honorable
I C Weems
Page 24

War Department,
Pension office
May 9. 1826
Sir,
I herewith return the document presented by you, in support of your claim to a pension, & have to state that you must swear to your Declaration before a Court of record for the County in which you reside. Then, before
your service can be allowed, it must be proved, either by the testimony of an officer under whom you served or that of two other credible witnesses, certified to be such by the Magistrate who may administer the oaths to them; and the official character and signature of the magistrate must be properly authenticated. The witnesses should State the time of your entering and the time and
manner of your leaving the service on board the ship Confederacy. Regulations for your guidance are herewith enclosed
I am, respectfully,
your obedient Servant
J. L. Edwards

Mr. John McClain
of Cecil County
Maryland
Present
Page 25

Elkton December 4th 1826
Gentlemen

The bearer of this letter Mr. John
McClain has been a pauper in this County for some time and has also resided for some time in the adjoining County of Hereford. From all I can hear from gentlemen who have known him it gives me pleasure to say I think him a worthy man and that any charity the government may feel disposed to bestow on him will not be thrown away. He goes to Washington 
for the purpose of obtaining a pension
as an old sailor, and if it is consistent with your duty, I make be much gratified if you will point him in any way he may require. 
your duty
With respect, I 
remain
Your 
Linwood cole

The Honorable
John C Weams
Clement Dorsey
John L Kerr
Page 26

Washington City May 19th 1836
To the Honorable Mr. West
Attorney Genl. to States
You will pardon the liberty a sailor of Revolutionary War takes in addressing your honor and permit his age and distressed situation to place his apology for the liberty taken; he having formerly resided in the [illegible[ Cecil County Maryland and having left the same on the 10th Feb. last being as he is now living with a friend in Washington having as he has done made my declaration in the Circuit Court of the United States Washington City D. C. and having obtained the Honorable Thos. Tingey and Capt. Cornelius Wily Certificate all which is submitted to Honor as with other papers to establish good conduct and [illegible] to hope a favorable [illegible] at your hand this [illegible].
Will be long encumbered by yr obt. servant
John McClean
Page 27

War Department 
Pension Office
October 1826
Sir
I have examined the documents in support of the claim of Mr. John McClain and find them insufficient to authorize the inscription of his name on the Pension Roll.  The regulations under the Act of the 18th March 1818, require every applicant who claims a pension for so short a period of service as nine months to set forth in his declaration the precise time of entering and leaving the service.  Where the declarant is not explicit in his affidavit and is himself uncertain as to the length of his service; where there are no rolls to check any erroneous statement and no historical facts alluded to by the claimant to assist us in referring to dates, you will readily perceive that I cannot consistently with the duty enjoined on me by these regulations or with the caution unquestionably necessary in all such cases admit the claim.  Such is McClain's case.  You will I have no doubt on reading his papers be satisfied that additional and more positive testimony is necessary in order to a due investigation of the claim.  The papers are herewith returned.
I have the honor to be very respectfully your obt. servt.  J. L. Edwards
Honorable Nathan Wirt
Present
Page 28

I certify that during the Revolutionary War, I believe in the year 1779 or 1780 the frigate Confederacy was at Philadelphia fitting out or repairing and was commanded as I understood by Captain Seth Harding whom I then personally knew and from the depositions and other certificates now in the possession of John McClain of [word crossed out] Cecil County in the State of Maryland, I entertain no doubt but that the said John McClain regularly belonged to the said frigate Confederacy during that time though at this distant period of time, I do not now recollect to have known personally any other officer or man attached to that ship at the time alluded to except the said Captain Harding.
Given under my hand at the Navy and Wahington this 10 May 1826 
Thos. Tingey
Page 29

Hon. George Mitchel
House of Representatives
Page 30

Dec. 26th, 1826
I do certify that I have this day had some conversation with an old man whose name is said to be      McLean and who has applied to Congress for a pension as having served on board the Frigate Confederacy.  I recollect that ship was in the Road at Cape Henlopen when in attempting to send her boat on shore for the purpose of obtaining a cable or anchor ["when" crossed out] the aforesaid boat was overset on the Bar - and Lieut. Vaughn  - Robinson, a pilot and most of the crew drowned.
The old man appears to me to recollect the circumstance - and mentioned the name of the Lieut. and pilot.  I have stated the above at his request.
Yours
Daniel Rodney
Page 31

ORIGINAL CLAIM.
__________________
Declaration in order to be placed on the Pension List, under the Act of the 8th March, 1818.
Maryland County of Cecil ss.
On this          day of September 1836 personally appeared in open court (a) [being a court of record (b) for the county, aforesaid John McClain resident in said county, aged sixty eight years who being first duly sworn, according to law, doth, on his oath make the following [illegible page damaged] ration, in order to obtain the provision made by the acts of Congress of [illegible] March, 1818, and the 1st of May, 1820; that the said John [illegible] enlisted (c) for the term of nine months on the  [illegible] the frigate the             in the year 1779 at [illegible] commanded by colonel                in the line of the State of               on the            continental establishment; that he continued to serve in the said corps (or vessel) until           when he was discharged from the service, in                   the State of                    that he hereby relinquishes every claim whatever to a pension, except the present; that his name is not on the roll of any State, except                       ; and that the following are the reasons for not making earlier application for a pension:  (e)

And, in pursuance of the act of the 1st May, 1820, I do solemnly swear, (or affirm, as the case may be,) that I was a resident citizen of the United States on the 18th March, 1818, and that I have not, since that time, by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed, and by me subscribed.  (f) That, since the 18th of March, 1818, the following changes have been made in my property.  (g)


Sworn to, and declared, on the            day of              before (h)  
I                        Clerk of                      do hereby certify, that it appears to the satisfaction of the Court, that the said                        did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy, for the term of nine months, under one engagement, on the continental establishment.  I also certify, that the foregoing oath, (or affirmation) and the schedule thereto annexed, are truly copied from the records of the said Court; and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is                   dollars and            . cents.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this                cay of                   182

{Seal of the Court}
Clerk of the Court of the 
                       of
Page 32

(a) Or, in case of disability, by reason of bodily infirmity, in lieu of "in open court," insert the words "before the Subscriber, a judge, (or justice, as the case may be,) of the court," &c.
(b) All are courts of record, within the contemplation of the act of Congress---
1st. Which are expressly made courts of record by the laws of the State which creates them;
2d.  Which have been solemnly adjudged, by the tribunals of the several States, to be courts of record; 
3d.  Which proceed according to the course of common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings;
4th.  Which have the power of fine and imprisonment.
And courts which proceed according to the course of the civil and canon law, having neither of these attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal.  The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.
(c) If the claimant was an officer, he must here state what rank he held, and insert the word "entered," in lieu of "enlisted."
(d)  If the claimant served in the Navy, he must here insert the name of the ship or vessel in which he sailed, and give the name of the captain or commander.
(e)  Here give sufficient reason for not making earlier application for a pension.
(f)  Here enumerate each article of real or personal estate, necessary clothing and bedding excepted, and subscribe the same.  The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the Department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension.  It is the opinion of the Attorney General, that the words of the 3d section of the act of the 1st May, 1820, "in such indigent circumstances as to be unable to support himself with the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the Government, except by private or public charity.
(g)  If any changes have been made, here insert an account of the property in the applicant's possession on the 18th March, 1818, and not now owned by him; of which that disposal of by sale will be in the following columns:
Description of property.| Names of the persons to whom disposed of.| Time of Sale.| Amount of Money or Description of Property received in return.
If the property has been sold under execution, the certificate of the sheriff, or officer making the sale, must be produced, and the manner in which the debt originated, on account of which judgment was obtained, and execution issued, should be shown by the testimony of the plaintiff, who is required to swear as to the time at which the debt was contracted; and to state for what articles, the amount of them, and whether he believes that they were applied to the exclusive use and benefit of the defendant, or person claiming admission to the pension roll.  In every case where judgment has been obtained, and no execution has been issued, the cause for staying execution should be assigned.  In every case where there has been a transfer of real estate, authenticated copies of the deed of conveyance should be exhibited; and where debts have been discharged with the proceeds of the sale of any property, the evidence of the creditors, proving the fact, is required.  The creditors should state, under oath, the time at which the debts were contracted, for what articles of property, the time when they were paid, and in what way.  The application of all money should be clearly shown, in like manner, by disinterested witnesses.  The origin of every note, bond, or other obligation, for the payment of money, the fulfillment of a contract, or the discharge of a debt, either to or from the applicant, must be clearly shown, as well as the time and manner of discharging the same.  The oaths of disinterested persons are required to show for what the obligations were given, for what amount, and at what time; and similar proof is required as to the discharge or cancelling of the same.  Similar evidence is required in every case where property has been sold under a mortgage.  The testimony of the mortgagee, as well as that of the mortgager, is required.  Each should swear as to the manner in which the mortgage originated, showing the time of contracting the debt, for what consideration, and the amount thereof; and the mortgager must show how the money or property for which he became indebted, was applied.  In cases where persons have held landed property, and have never had deeds for the same, the affidavits of public officers, competent to give testimony in such cases, are required.  The official character and signature of the magistrate before whom the affidavits may be taken, should be certified, under seal of office, by the County Clerk, the Mayor of the city, the Secretary of State, or by such other officer as is required by the laws and usages of the State or Territory where the evidence is taken.  The officer should certify that the magistrate is a Judge, Justice of the Peace, Alderman, or other officer, as the case may be, duly qualified to administer oaths, and that the signature, purporting to be his, is genuine.
(h)  Persons unable to appear in court, by reason of bodily infirmity, and who are permitted, by the act of March 1, 1823, to take the oath before a Judge or Jusstice of a court of record, will, in addition to the oath in ordinary cases, swear that they are not able to attend personally in court, by reason of disease, or bodily disability, as the case may be.  Before the words "I         clerk," &c. insert the following:  "I a Judge (or Justice) of the court           holden in the county         where the declarant resides, do hereby certify, that the above named         is, from a disease called           with which, I am credibly informed, and believe, he has been afflicted, for the space         unable to attend the court of which I am a Judge (or Justice) and I do not think, from present appearances, that he will be able to attend the court above named, at its next session.  I have, therefore, in pursuance of the act of Congress of the 1st March, 1823, attended at his place of abode, and administered the foregoing oath.  A. B. Judge," &c.  Then let the clerk, in lieu of the usual certificate, write these words:  "I,       clerk of the court of              certify that       before whom the above affidavit of                who is now sick and confined to his house, was made, is Judge as aforesaid.  I also certify, that the said schedule and oath have been admitted to the record of said court, and that the same are truly copied therefrom:  and I do further certify, that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule, is            dollars and             cents.  
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this           day of            183
Clerk of the Court for the         of ,"
Page 33

John McClain
Declaration
in Cecil County
Court in the State of MD
Page 34

Maryland County of Cecil

Declaration of John McClain in order to be placed on the pension list under the act of Congress of the 18th March 1818.

Cecil County Court

On this seventh day of Sept 1826 personally appeared in open court being a court of record for the District and County aforesaid, John McClain a resident of Cecil County aged sixty eight years who on his solemn affirmation doth make the following declaration in order to obtain the provision made by the act of congress of the 18th March 1818 and the first May 1820 that he the said John McClain enlisted on board the United States Frigate the Confederacy at Port royal Martinque in the year 1779 commanded by Captain Hardy on the Continental Establishment. That he continued to serve in said vessel until sometime in the year 1780 having been on board said vessel about nine or ten months when he was honorably discharged from said vessel at Philadelphia in the state of Pennsylvania; that he hereby relinquishes every claim whatever to a pension except the present & that his name is not on the roll of any state and that the following are the reasons for not making earlier application for a pension; that he was unacquainted with the necessary measures to be taken and from the circumstances of his case whether it came within the provision of the acts of congress. And in pursuance of the act of the 1st of May 1820, I do solemnly affirm and declare that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by
Page 35

gift, sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provision of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War" passed on the 18th day of March 1818. And that I have not nor has any person in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed.

SCHEDULE

Real property none, personal property nothing more than clothes or apparel and bed and bedding. Mixed property - none.

The value of my property real, personal and mixed has not at any time since the year 1818 been worth the sum of fifty dollars. I am by trade a tailor and have a wife living we have been for three years at the Alms House in Cecil County Maryland.

John McClain

Affirmed and declared on this seventh day of September 1826 in open court.

Test: James Sewall - Clerk

State of Maryland Cecil County

I James Sewall clerk of Cecil County Court do hereby certify that it appears to the satisfaction of the said court that the said John McClain did serve in the revolutionary was as stated in the preceding declaration against the common enemy for the term of nine months under on engagement
Page 36

on the continental establishment. I also certify that the foregoing affirmation and the schedule thereto annexed are truly copied from the records of the said court. And I do further certify that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is nothing.

In testimony whereof I have hereunto set my hand and affixed the seal of my office this seventh day of September eighteen hundred and twenty-six.

James Sewall - Clk
of Cecil County
Page 37

District of Columbia
Washington County, 88.

Be it known, that before me, Richmond Johnson a Justice of the Peace in and for the county aforesaid, personally appeared John McClain named in an act of Congress passed May 20. 1830
that he is entitled to a pension of Eight dollars per month, on account of services rendered to the United States, during the Revolutionary War; that he served in the frigate Confederacy; that he now resides in Maryland and has resided there for the space of thirty years past; and that, previous thereto, he resided in Philadelphia.

Sworn and subscribed this 21st day of May 1830. 
before me.

John McClain
R. Johnson J.P.
Page 38

Robt Wilson and Joseph Ward
Certificate in favor of John McClain
Page 39

Phila'd County

And personally, came before me one of the Justices of the Peace for said county Robert Wilson who being duly sworn saith he is well acquainted with John McClain who is now present. That he entered into the service with him on board the armed Brig Lavard in the year 1781 that he continued on board during the voyage, had 3 engagements with the enemy, took 3 prizes one the Brig Nova with supplies for the British troops bound for New York and sent her into New London during all which time he behaved like a brave and faithful seaman, that he has often heard Captain Keeler the commander of said Brig and Luther of Marque speak of the said John McClain in terms of approbation for his good behavior. Deponent saith that he is now 69 years of age and that he served as boatswain of said brig.

Robert Wilson
His X Mark

Sworn and subscribed before me this 27th day of March 1826.

John Thompson
Justice of Peace

And now came Joseph Ward who being duly sworn saith he was a seaman on board the above mentioned Brig in the year 1781 that he facts above stated are correct or relates to the said John McClain, that deponent is  now in the 70 year of his age but has a perfect recollection of said John McClain who is now present.

Sworn to before me this 27 day of March 1826.

John htompson
Justice of Peace
Page 40

This certifies that the written named Robert Wilson and Joseph Ward are respectable citizen both now residing in the District of Southwaark County of Philadelphia in whose oath the fullest confidence may be relyed [sic]

John Thompson
Justice of Peace
Philada County

City of Washington 17 May 1826

I hereby certify that John Thompson whose signature is above written is well known to me, as an acting Justice of the Peace, in & for the County of Philadelphia, and that the said signature is in his own handwriting, to the best of my belief.

D.H. Miller
Member of the House of Reps U.S.
Page 41

Philadelphia County

I Matthew Randall Prothonotary of the Court of Common Pleas for Philadelphia County do hereby certify that John Thompson Esquire whose attestation and before whom the annexed affidavit was taken and who has hereto affixed his name was at the time of so doing and remained one of the Justices of the Peace for the county of Philadelphia duly commissioned and qualified to all whose acts as such full faith and credit is due and ought to be given as well in courts of Justice as elsewhere.

In testimony whereof I have hereto set my hand and affixed the seal of the said court at Philadelphia this 23rd day of August AD 1826.

Matthew Randall
Page 42

H.R. 28
John McClain
Dec 28 - 1826
Ref'd to Comm of Mil Pensions

Feb 14, 1827
Been reported No 436

Jan 7, 1828
Ref'd to Comm of Rev Claims

Jan 14, 1828 Ref'd to Com of Mil Pensions

Apr 29 1828 Bill reported No 283

Dec 5, 1828
Ref'd to Comm Mil Pensions

Dec 15, 1829
Ref'd to Comm of Mil Pensions

Mitchell 57
Pensions
Page 43

John McClain Petition

John McClains
Petition to Congress

His claim recommended to the attention of Congress by many respectable citizens of Maryland.
JC
Page 44

To the Honourable

The Senate and House of Representatives of the United States of America in Cognress assembled:

The Petition of John McClain a citizen of that United States, residing in Cecil County in the State of Maryland, and now nearly three [illegible] and ten years of age,

Respectfully showeth, that your humble petitioner was a seaman in the service of the country and in the cause of Independence during the Revolutionary War : That he enlisted in the year 1779, on board of the United States' Frigate Confederacy commanded by Captain Harding on Continental establishment, and continued in that service until sometime in the year 1780, when he was honourably discharged from said vessel at Philadelphia in Pennsylvania : that afterwards he sailed in the armed Brig Lavara
Page 45

and whilst on board of said Brig he was in three several engagements with the Enemy and aided in the capture of three of the enemy's vessels which are bound to New York with supplies for the British Troops : That your petitioner after having devoted those years of his youth to the defence of the liberties of his country and acquitted himself on every occasion with credit and honour and sustained an unblemished character through a long and industrious life, is now, and has been for some time past, owing to the infirmities of nature, reduced in his old age to a state of extreme indigence and [illegible] : That he and his wife, borne down by misfortune and each alike tottering under the weight of years, without any means whatsoever of support, and utterly unable to procure subsistence without the aid of publick [illegible] or private charity, have been compelled at last by dire [illegible] to seek a [illegible] asylum in the alms-house of Cecil County, Maryland that, in this humiliating, destitute, and deplorable condition, agonizing
Page 46

to the feelings of your petitioner, he heard, not until some years after the passage of the laws on the subject, that the government, in its paternal solicitude for the surviving patriots of the Revolution, had made some provision for their immediate relief from actual want and misery, and he has sought to avail himself of the promised boon : your petitioner has made every exertion of which he was capable to comply with the formalities required to substantiate his just claim [redacted] and for the oath of his statement and of the facts set forth in his declaration in order to be placed on the Pension List, he respectfully begs leave to refer to the vouchers and documents presented herewith : the evidence he adduces in support of his urgent demands upon the charity of this government and country is amply sufficient he trusts to satisfy your honourable body that he is not unworthy of receiving the [illegible] which he asks and implores at your hands : oh! tell him not [redacted] [illegible] and additional testimony is necessary - that he must depart and [redacted] return not without it - lest not knowing whither to go or where to search for it. Death should
Page 47

other and additional testimony is necessary - that he must depart and return not without it [underlined] - lest, not knowing whither to go, or where to search for it, Death should overtake him in his journeyings before he could succeed in precuring it: - Even now he is not able to hobble from port to port to seek and enquire among strangers the names and places of last residence of his officers and messmates and companions - illegible - in order to ascertain whether or not, of the gallant crew, some solitary individual or two more than he has yet been to fortunate as to meet with, perchance still lives as wretched and forlorn perhaps as the poor old seaman who now appeals to you.

Your petitioner therefore humbly entreats your honourable body that you will be graciously pleaased to take his case into your most favourable consideration, and afford him such relief under his merits and misfortunes, as your wisdom, humanity and justice shall dictate; and if it appears, as he doubts not you will be satisfied it does, that he has deserved well of his country, and that his past services and present distress entitle him to be placed on the Pension list, he earnestly solicits that his claim to allowance according to the benevolent intent and liberal provisions of the act of Congress applying to
Page 48

to his case may be made to bear date from the time that the law was meant to take effect. But a little while, and in the common course of nature, the wants of your petitioner will be at an end; and he, who forty-five years ago, cheerfully and manfully exerted himself to serve his county to the best of his ability in the time of his county's utmost need, will cease to require her assistance in the days of her prosperity. Then do not oh! do not, he conjured you, cast him off friendless and comfortless to pine in poverty and linger out the short remnant of his life in despair, but by granting the prayer of your helpless petitioner contribute to alleviate his sorrows and sufferings and smooth his path to the grave: And your petitioner as in duly bound, will ever pray.

John McClain
Page 49

The undersigned inhabitants of Harford County and Cecil County Maryland in which counties the above petitioner John McClain an old seaman of the revolutionary war has resided for many years always sustaining the character of a moral, amiable, industrious and patriotic citizen, and as such enjoying the respect and esteem of his neighbors who testify in his behalf.

Respectfully represent that they have reason to believe that the facts and circumstances set forth in the petition of the said John McClain are trued and they therefore recommend this decayed son of the revolution to the benevolent consideration of congress.

Thomas Jay
Rigler Massey
Ag B Massey
Silas Silver
Isaac Massey Jr
Wm Ely Jr
Henry ONeill
Samuel Jay
Wms Wilson
John Nevill
Jno Quarles
Ag Massey
Kames McWilliams
Robert Archer
John Brannon
James Benson Jr
Richard Farmer 
William Farmer
Christopher Wilson
Page 50

W D Smith
Charls H Giles
Wm McGitton
Hugh David
Jno F McMillon
J. Worthington
Charles Worthington
Ephraim McGeorge
John Diver
Saml Worthington
Wm Worthington
Lam'l Hopkins
John Hopkins
E. Hopkins
Samuel E Stump
George Bevard
Wm Watson
John Ferguson
William Coale
James Lee
Sam Parnell
Robertson Archer
William Wiles
William Wiles Jr
Aquila Wiles
James Stephenson
Abr Parnell
William Stephenson
Robert Dever
John W Spencer
John Stephenson
Jeremiah Harlan
James Williams
John [illegible]
Amos Silver
Page 51

John (cut off)
E Hopkins
Isaac Massey
William [illegible]
William Carr Jr
John Sonwood
Thos C Stumpf
Rich'd Coale
Thomas Treadway
James Howard Sr
Chrstopher Wilson Jr
Edw'd McChew
I Gover
George H Wilson
William [illegible]
Robert Parker Jr
John Burcroft
[illegible] D Lee
Elisha Cook
Wm Miller
[illegible} C Doddrell
Robert Hawkins
John Wilson
[illegible] H Coale
William Core
Henry Bowman Jr
Henry Bowman Sr
Patrick Carroll
Jesse West
Samuel Hopkins
Daniel M Cooley
Charles Cooley
Jno Silver
[illegible] Bayliss
William Bramer
J Sprigg
Edward Sprigg
William Sprigg
John Sprigg
Carrol Sprigg
John Wiggins
Hugh Smith
Hugh Smith Jr
Reuben Smith
Layon Garrell
Charles Ward
Page 52

Wm Wallis
Geo C Davis
Joseph Davis Sr
Nathan Pickett
John [illegible] Sr
Thomas McCausland
John B [illegible]
Wm Silver
Robert McCausland
John Bruce Sr
Daniel Shipman
Edward Brigg
Henry Dougher
James Ewing
Carvel Coaley
Robert Nelson
John Carson
saml Rowland
Edmund Shyrock
Isaiah Cooper
Isaiah Brown
James Steel
Jospeh Miles Jr
James Preston
William Porter
Samuel Gillespie
George G Gerry
Alex'r M L Gerry
John S Gerry
Francis McNamara
Robert Allery
Thomas C Hopkins
John Falson
Leonard Krause
Ellis D Coaler
James Magraw
S Shash
Jesse Ginuce
Wm C McCutchan
Jno Reynolds
Giles Langdon
John Reynolds
Page 53

Joseph (cut off)
Benj Silver
Samuel Forsyth
Wm T Prigg
William [illegible]
T Simmons
[illegible] Shryock
Wm Shryock
[illegible] Springer
Wm Shields
John Fuller
John H Porter
John Jay
Robert E Porter
Samuel Kindman
Joseph Moore
Alexander Nesbitt
Jamess Wilson
James Gerry
Samuel [illegible]
Leigh T Ferguson
Samuel Thompson
Abram Springer
Wm Langdon
Samuel Haines
Ralph Grier
Thomas Wily
John McGowan
Samuel Brown
Wm B Biles
Jacob Pecess
Ely Pain
William Trumble
Page 54

A Woodrow
Jacob Woodrow
Goe W Lightner
B F Markell
L A Evans
A A Evans