Revolutionary War Pension and Bounty Land Warrant Application File R. 3773, John Freeland, Privateer (Md.)

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Privateer (Md.)  Freeland, John  R. 3773.

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15591
John Freeland
Fleming Co. 
Kent

Rejected. Service
a board private amer
vessel, See letter to 
James Crawford, Flemingsburg

10 Apl 33,

James Crawford
Flemingsburg
Kent.

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Brief in the case of John Freeland
of Fleming County in the State of Kentucky
(Act 7 June, 1832,)

1. Was the declaration made before a Court of a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 70

4. State his service, as directed in the form annexed.

Period. In 17 Privateers

Duration of Service, 2 years in all on board the Iris & Count de Grace

Rank. As a Mariner

Gen. Capt Thomas Cole
Capt John Hall

5. In what battles was he engaged?

6. Where did he reside when he entered the service? Shipped at Baltimore, MD

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

I Certify that the foregoing statement and the answer agree with the evidence in the case above mentioned. T Bradford Examining Clerk

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State of Kentucky Fleming Circuit county of Fleming Sct.
On this Fourth day of September 1832 personally appe[ared]
before the Honorable Wm P Roper sole Judge of the Circuit 
court in and for the county aforesaid, in open court, John Freeland
a resident of the said county of Fleming in the State of
Kentucky, aged Seventy years, who being first duly sworn
according to the 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 served as a marine in the Navy of the United
States in the two last years of the revolutionary war as follows.
At the age of about seventeen years he shipped at Baltimore 
on board the Iris, a 24 Gun ship her Commandant was
Capt. Thomas Cole, her First Lieutenant or mate, John 
Gordon, 2nd Ditto William Palmer. Grise
Surgeon. Wm Penrice Boatswain and William Smith Boatswain's mate. That said vessel, Iris, belonged to a company, as he understood, composed of the Messrs Sterretts, Yellett and he thinks Jesse Hollingsworth and Genl. Samuel Smith owned a part of said Vessel. 
That they made two voyages from said port in the said vessel that when he shipped aboard said Vessel as above she was bound for Havanna on the Island of Cuba and in her first voyage she touched at St. Thomas' Island and at Gaudaloop in said voyage they captured, on their way home near the Gulf stream, the Mohawk, a Copper sloop out of New York which city was then in possession of the British, The Mohawk, as well as he remembers had 18 guns. 
The 2nd voyage they made from same port went to Havanna.
That he made a third voyage from same port, in which last voyage he shipped on board the Count de grace, a Brig of 10 guns, owned and built at Philadelphia,

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She was commanded by Capt. John Hall, her 1st Lieut. or mate was David Gaskin. The given name of the 2nd Lieutenant was Moses, but his sirname he does not recollect. Nor does he recollect the name of her other officers. She sailed to Havanna on the Island of Cuba, in her voyage she was engaged and captured by the Fair American, of 18 guns, a vessel that was built in Philadelphia and captured by the British from the Americans & fitted out by the British at New York.
That after the capture the Fair American meeting with contrary winds and being on short allowance set him & the other prisoners on shore at Little Egg harbour in the Jerseys, having robbed them of every thing, - thence he travelled to Baltimore and learned that peace was declared. The dates [inserted next word] of these voyages he does not precisely recollect, but knows they were in the two last years of the revolutionary war. In each of said three voyages he was absent on the voyage about three months. [inserted note] & his service on  board the Iris was in all about 18 months. & in the other vessel about six months. [end inserted note] That he has no documentary evidence of his service, and knows of no person whose testimony he can procure who can testify to his service That he was born in Prince George County in the State of Maryland that for the last 22 years he has resided in the State of Kentucky. The last fifteen years in the aforesaid County of Fleming & the others in the adjoining County of Mason. That he is known to Cummens Brown & John Terhune one a clergyman The other a citizen of Fleming County. 
He hereby relinquishes every claim whatever to a pension or an annuity except the present He declares that his name is not on the pension roll of any agency in any state.  John Freeland
Sworn to and subscribed the day & year aforesaid.

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Mr Cummins Brown Clergyman and John Terhune both citizens of the county of Fleming hereby certify that we are well acquainted with John Freeland 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 neighbourhood where he resides, to have been a marine of the rev[o]lution, and that we concur in that opinion. 
Cummens Brown
John Terhune
Sworn to and subscribed the day & year aforesaid. 
[ten lines of text crossed out]
State of Kentucky
Fleming Circuit Sct. September term 1832.
The foregoing Declaration of John Freeland in order to obtain the benefit of the act of Congress passed June the 7th 1832 was sworn to in open court by the said John Freeland. And also the certificate of Cummons Brown and John Terhoon was also sworn to in open Court. 
And the said Court do hereby declare their opinion after the investigation of the matter and putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary marine

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and served as he stated. And the Court further certified that it appeared to them, that the above named Cummons Brown is a Clergyman residing nearest to the said John Freeland and that John Terhoon and said Brown are residents of said County of Fleming and creditable persons and that their statement is entitled to credit. 
I Leaken D. Stockton, clerk of the Court for the Circuit aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Freeland for  pension
In testimony whereof I have hereunto 
set my hand and the seal of office,
this 13th day of September 1832.
L.D. Stockton.

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15991
John Freeland's
Statement

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[crossed out next 9 words/numbers] Acts of July 14, 1862, and March 3, 1873

3773
P.O. [blank]
John Freeland
Service: [blank]

[diagonal stamp] REJECTED

Enlisted: [blank], 18__.
Discharged: [blank], 18__.

Application filed: [blank], 18__.

Alleges: [blank]
Re-enlisted: [blank]

Attorney: [blank]
P.O. [blank]

___ Recognized.  ___ Contract.
___ Cert. of Dis.  Searched for ___, 18__.

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John Freeland
Kentucky

Rejected Service on board private armed vessle See letter to James Crawford 10 April 1833
___

3773

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Freeland of Fleming County, Kent which require further proof or explanation.


I. Does the declaration show where the applicant resides? yes

II.  Did the declarant make the declaration in the county where he resides? yes

III.  If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV.  Has the declarant mentioned the period or periods of the war when he served? yes

V. *Has he mentioned 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 amout of pension he is entitled? yes

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations? yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes

VIII.  Has the Court given their opinion? yes

IX.  Has the Clerk given his certificate? yes

X.  Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

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XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes

XIV.  [cross symbol] If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?

XVI. [double cross symbol] Are the papers authenticated as the regulations direct? yes

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? all answered
___

EXPLANATORY NOTES.
*QUERE V. 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.

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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 [next 4 words italicized] about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state 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 shewn 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. 

[cross symbol] QUERE XIV. [italicized next 3 words] Proof of Service.
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 claimants 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. 

[double cross symbol] QUERE XVI. [next 4 words italicized] 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 paper 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. 
[hand pointing rightward] In every case where the clerk of the court, or other certifying officer, 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.

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KY, 15591

Free

The Honble. Secretary of War
Washington City 

[on upper edge] Dec 4 [illegible]
[inverted] Flemingsburg [illegible]

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Flemingsburg Nov 25th 1832

Dear Sir
Inclosed I send you the statement of John Freeland, to which I wish the attention of the Department over which you preside. 
I request that you make known to me, as soon as convenient, the result.
Yrs
Ja^s Crawford