Revolutionary War Pension and Bounty Land Warrant Application File W. 13116, John Earl, [BLANK]

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Service: [blank]
Earl, John
Deborah
Number: W.13116

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[left side]
Rhode Island 371

Deborah Earl widow of John Earl who died on the [18 March 1827] of Portsmouth in the State of R. Island who was a Captain in the [blank] commanded by Captain [blank] of the [blank] commanded by [blank] in the Rhode Island line for [illegible].

Inscribed on the Roll of Rhode Island at the rate of 120 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the [illegible] day of [illegible], 1837 and sent to [illegible]

Arrears to 4th of [blank]
Semi-anl. allowance ending [blank]

{Revolutionary Claim, Act July 4, 1836}

Recorded by [illegible] Clerk.
Vol. 1 Page 102

[right side]
Let to Hon. R.B. Cranston
Sept 26. 1837

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State of Rhode Island &c
County of Newport Sc.

On the 10 day of September AD 1836 personally appeared in open Court being the Court of Probate within & for the Town of Portsmouth in said County Abby ^A Earle, a resident in said Portsmouth aged 52 years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the pension of the act of Congress passed July 4th AD 1836

That she is the daughter & only child living of Deborah Earle late of said Portsmouth, deceased who was the widow of John Earle a Captain in the war of the Revolution, That her father
the said John was appointed a Captain in August 1775, of a Company of Minute men stationed in said Portsmouth to defend against the incursions of the enemy & that he
continued

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to serve in that capacity ^ as a Captain of Militia until the end of the war. She cannot specify times & places of his services & therefore refers to & relies on the evidence of those who were knowing to his services hereto annexed - And she further declares that her father the said John was married to her mother the said Decorah on the 14th day of October 1762, and that the said father died March 18th 1827 and that her mother the said Deborah died on the 9th day of August AD 1836 at said Portsmouth & that she is the only child living

She therefore requests that the amount of pension which would have belonged to her mother by virtue of the act of July 4th 1836, at the time of her death may be granted to her.
Abby A. Earl

State of Rhode Island &c
Newport Sc [flourish bracket] Court of Probate Portsmouth September 10th, 1836
Sword and subscribed to before me in open Court - 
Samuel Clarke Probate Clerk

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State of Rhode Island &c

Be it known, that the name "Samuel Clarke" to the aforewritten attestation subscribed, is the proper hand writing of Samuel Clarke, who at the time of subscribing the same was Probate Clerk aforesaid, duly elected and qualified according to law: wherefor unto his attention full faith and credit are to be rendered.

In testimony whereof I have hereunto set my hand, and caused the seal of said Court to be hereunto affixed, this tenth day of September in the year of our Lord, one thousand eight hundred & thirty six.

Joseph Childs Chief Judge of Court of Probate

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House of Representatives
Sept. 25, 1837
Sir,
Will you have the goodness
to give me a certificate, stating the amount of pension,
granted to Abby A. Earle, of Portsmouth RI, daughter of 
John Earle, late of Portsmouth, and when it was granted?
I am very Respectfully
Sir your Ob. Servt.
RB.Cranston

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Deborah Earl, widow of Capt. John Earl, pay able to Abby
Earl, daughter of Deborah, who died 9 August '36

$120 per anum
3d. Section act 4 July 1836 -
R. Island Roll

Deliver amt: to Burrington Anthony, Esqr.
Present

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By his Excellency John Collins Esq; Governor,
Captain-General, and Commander in Chief, of and over
the State of Rhode-Island and Providence Plantations.
To John Earle Gentleman; GREETING.
You the said John Earle being elected and chosen to
the Place and Office of Captain of the Senior Clap Company in Portsmouth and
Middletown in the County of Newport in the State aforesaid,
are hereby, in the Name of the Governor and Company of the said State,
authorized, empowered and commissioned, to exercise the Office of Captain of
and over the Company aforesaid: And to command, guide and conduct the
same, or any Part thereof: And in case of an Invasion, or Assault of a common
Enemy, to infest or disturb this Plantation, you are to alarm and gather together the
Company under your Command, or such Part thereof as you shall deem suffi-
cient, and therewith, to the utmost of your Skill and Ability, you are to resist, expel,
kill and destroy the same, in order to preserve the Interest of the good People in these
Parts. you are also to follow such Instructions, Directions and Orders, as shall from
Time to Time be further given forth, either by the General Assembly, the Governor
and General Council, or other you superior Officers. And for your so doing, this
Commission shall be your sufficient Warrant and Discharge.
GIVEN under my Hand and Seal of the said State, the Twelfth Day of May
in the Year of Our Lord One Thousand Seven Hundred and Eightyeight
and in the Twelfth Year of Independence.
By His Excellency's Command,
Henry Ward, Secretary   John Collins

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Colony of Rhode Island &c

To John Earle Captain of the Company of Minute Men in Portsmouth or to next Officer in Command Greeting

You are hereby required in the King's Name to gather together the said Company under your Command with all possible Expedition and to execute such further Orders as you shall receive from me or other your Superior Officers for the important Purpose of securing the Stock upon Rhode Island from the Enemy. Hereof fail not, ["but make true" crossed out] and this shall be your sufficient Warrant.

Given under my Hand and Seal this Third Day of October A.D. 1775 at Providence
Nichs Cooke Govern.

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Revy WIDOW, &c.
File No. 13116
Deborah Earl
Wife of
John Earl
Capt "Rev" War
Act: July 4 1836.
Index: --Vol. A, Page 206
[Arrangement of 1870]

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Providence, February 19, 1837.

Sir,
I am favoured with your letter to the Honble Mr. Pearce, under the date of the 24, ult, with which you return the papers in the case of Abby A. Earle, daughter of Deborah Earle decd. widow of John Earle, stating that they are insufficient.

I beg leave to call your farther attention to an examination of that case and more particularly to two additional affidavits which are herewith forwarded with the other papers; viz the affidavits of Elihu Gifford and William Albert of Tiverton. These affidavits, I hope will supply the deficiency of the former testimony, and prove satisfactorily that John Earle was in the service not only as a minute man, but as Captain of a Militia Company for more than two years, if not through the whole of the Revolutionary war.

It is deposed by Elihu Gifford, now aged 78 years, and at the time first referred to by him, was of the age of 18 years, and whose credibility as a witness is certified by the Magistrate who took his deposition that the said John Earle was a captain in the army of the Revolution,

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and in the time with his Company [illegible] military service in the vicinity of Howlands ferry frequently in each of the years 1777, 8, 9. They were both in the same regiment (Col. Cooks), and the deponent believes that Capt. Earle served more than two years at Tiverton during the said three years.

By William Albert, who was at the time 16 years of age, and whose credibility as a witness is also attested to by the examining magistrate, it is deposed, that in the years 1777, 8, the said John Earle was Captain of a militia company stationed at Tiverton, and during those years, he saw said Earle commanding his company at Howland's ferry, and at "the Stills", and that he was continually in the service in the years 1777, 8, and till the deponent, sometime in 1779, was marched to Little Compton, and there stationed.

It is not my wish to multiply depositions, but it is my belief that a great number might be procured from aged persons in Tiverton and Portsmouth, of undoubted truth and veracity, as are the foregoing, by which I should be enabled to prove that the deceased Captain John Earle was in the public service in the war of the Revolution, as a captain, for a period much longer than two years.

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I beg leave to recur to the depositions heretofor given, and contained amongst the returned papers. The one given by me, which is grounded on conversations formerly had with the deceased Capt. John Earle agrees with those of Benjm Fry, Hannah B. Townsend and Samuel Cory in these particulars; that said Earle was captain of a company on minute men and served for more than two years.

The depositions of Thomas Borden and William Shearman prove that he was Captain of a Company of Minute men, and Militia, for more than two years. It is respectfully requested that those depositions may be again read in connexion [connection] with the two now forwarded, that it may be seen in what manner they corroborate each other.

It should be recollected, that while the British troops had possession of Rhode Island, civil business was, in a manner, suspended in Newport and Portsmouth, those towns neglected to send Representatives to the General Assembly, the house and property of Capt. Earle were destroyed; the municipal records and papers were burnt, as were other public records; and it is not a matter of wonder that the Commission of the said John Earle as Captain of Militia which was doubtless given to him

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subsequent to the one produced appointing him captain of the company of minute men, should not be found among the remnant of his scattered papers, or that no evidence of it should be discovered in the mutilated records of those days of British violence.

The deficiency of that proof which is the best the nature of the case will admit of, I think, is amply supplied in the depositions herewith forwarded for your examination. I must once more recur to my own. The detail given to me by Capt. Earle was made without the remotest expectation that he should be offered a renumeration for his losses or services. It is relation of the circumstances of the destruction of his house, orchard and other property, is fully corroborated by the deposition of Thomas Borden. If Mr. Borden is sustained in these particulars ought not much weight to be attached to that portion of his deposition which declares that the said John Earle was a captain of a Militia company for a space longer than two years?

Why should John Earle have been marked by the British soldiery for such persecution? Must it not be infered that it was a consequence of his having been long distinguished as a gallant leader or commander

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of a patriotic corps, determined to resist oppression, and ready at all times to annoy the enemy? If during the time the British troops had possession of Rhode Island, he had but occasionally appeared at the head of a body of Minute men, it is not probable that he would have been so well known to the enemy as to have thus been designated for destruction. From his long, constant and active services, as Commander of a Militia company, he became a conspicuous mark for the foe, he was branded as a Rebel, and under that pretence as the deponent Thomas Borden states, the destruction of his property was decreed, and promptly and effectively done.

His losses were very great during the war. From a state of comparative wealth and independence, he, soon after the war became poor and resorted to the laborious and humble employment of a fisherman for his support, and when he died left his family destitute of property.

These considerations, connected with the proof furnished in the depositions referred to, whose concurrent testimony goes to establish the fact of two years service and more, it is confidently believed, will produce a

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speedy decision in favour of the claimant, who is a destitute orphan, and daughter of a brave officer, who perilled his life and lost his whole fortune in the defence of his country.

I am, sir
with great respect,
your Obedient Servant,
Barrington Anthony

J. L. Edwards Esquire,
Pension Office
War Department.

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I William Albert of Tiverton in the County of Newport and state of Rhode Island aged Seventy Six years being duly sworn, do on my oath testify and say, that before the Revolutionary War and from that time to his death i was well acquainted with Capt. John Earl of the town of Portsmouth on Rhode Island in the years 1777 & 1778 said Earl was Captain of a Militia Company, stationed in Tiverton - In those years, I did duty in the Middle Company of Militia in Tiverton in Colo. Cook's Regiment, and was frequently called into the Service at the different guard stations on the Shore of Tiverton opposite Rhode Island - at those times and at others when I was not on duty, I have seen said Earl commanding his company at Howland's ferry and at the guard post North of the ferry at a place called, "the Stills" and also at the guard posts, Southerly of Howland's ferry - In March 1779 I enlisted into the States Service, in Colo. Topham's Regiment, and was soon after marched into Little Compton - said Earl was in the Service at Howland's ferry when I was marched away to Little Compton in 1779 and from my recollection of his services it appears to me he was continually in the service in the years 1777 & 1778 and till I was marched into Little Compton and there stationed in 1779

In my presence
Robert N. Lawton

William Albert
x his mark

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State of Rhode Island
County of Newport Ss.

Be it known that on the 4th day of February 1837 before the Subscriber a Justice of the Peace within and for said County of Newport personally appeared William Albert and subscribed his within Deposition and made oath to the truth of the same, and I further certify that said Deponent is a credible person.

Before me
Asa Gray Justice of the Peace

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I Elihu Gifford of Tiverton in County of Newport and State of Rhode Island aged Seventy eight years being duly sworn do on my Oath testify and say - that I was well acquainted with John Earl, late of Portsmouth, on the Island of Rhode Island, in this State. said Earl was a Captain in the Army of the Revolution. - At the time of the war I lived in Tiverton, where I still reside, and was a soldier in the Militia, in the Regiment commanded by Col. John Cook and in the company commanded at different periods by Capt. Devol, Capt. Slocum and Capt. Borden - I was stationed while in said Company at Howland's ferry and at other ports on the Shore in Tiverton, at the time the British held Rhode Island - when the British took possession of Rhode Island in November 1776 said Earl retreated off with his Company to Tiverton, and continued in the Service all the time to the best of my recollection while the enemy kept possession of Rhode Island - I know I seen him with his company in actual Military Service in the vicinity of Howlands Ferry in Tiverton frequently in each of the years 1777-1778 & 1779.  I was on Rhode Island in August 1778 in Capt. Slocum's Company, and I well remember said Earl was then there at the head of his company, and in the same Regiment with me to wit, Col. Cooks - said Earl was a Captain all the time I knew him in the Service, and I fully believe he served more than two years while in Tiverton in said years of 1777, 8, & 9 -
Elihu Gifford

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State of Rhode Island
County of Newport Ss.

Be it known that on the 4th day of February 1837 Before the Subscriber a Justice of the Peace within and for said County of Newport personally appeared Elihu Gifford and subscribed his within Deposition and made oath to the truth of the same, and I further certify that said Deponent is a credible person - before me
Asa Gray Justice of the Peace

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I Burrington Anthony of the City of Providence a Marshal of the Rhode Island Island District, on oath do testify and say, that I was well acquainted with John Earle formerly of Portsmouth also with his ["wife" crossed out] widow Deborah Earle who has recently deceased. I am also well acquainted with Abby A. Earle their only child they being all inhabitants on my native town - Many years ago in the life time of said John I used frequently to hear him speak of his services in the revolutionary war as a Captain of a Minute Company in said town, & always understood from him he served pretty much all the time from the commencement of the war until the enemy evacuated Newport - said John was an Uncle of mine he having married my fathers sister

I have also heard ["also" crossed out] him, the said John frequently speak of the destruction of his property by the British

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I have heard him say they pulled down his house destroyed his furniture cut down his orchard & in fact destroyed all his property that they could, get at, & all account as he understood of his being an active officer against them while this was going on his was stationed on Tiverton heights & saw them but could not prevent it
Burrington Anthony

United States of America
Rhode Island District Sc. In Providence in said District on this twenty second day of September AD. 1836 Personally came the above named Burrington Anthony and made oath to the truth of the above affidavit by him subscribed before me and I certify that he is a credible witness
John Putnam
District Judge U.S. for R. I. Dist.

United States of America
Rhode Island District Sc [flourish bracket] Clerks Office District Court At Providence Sept 22d 1836
I hereby certify the proceeding signature of "John Putnam" to be the true signature of John Putnam District Judge of the United States within and for said District -
In testimony whereof I have hereunto affixed my hand and the seal of said Court the day and year above written
John T. Pitman, Clk Dist. R.I.

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At a Court of Probate holden within and for the town of Portsmouth, in the county of Newport and State of Rhode Island &c on the 25th day of August AD 1836 -

Satisfactory evidence is produced before said Court that John Earle, who was a Captain in the war of the Revolution was married to Deborah Anthony on the 14th day of October AD 1762: that said John died on the 28th day of March A.D. 1827 -

Satisfactory evidence is also produced before said Court that Deborah Earle remained his widow and unmarried until her death: that the said Deborah died on the 9th day of August A.D. 1836 and that Abby a. Earl, now resident in said town of Portsmouth aged 52 years is the Child and the only Child living of the said John & Deborah -

Clerk's Office of the Court of Probate written & for the town of Portsmouth August 25th A.D. 1836 -

I Samuel Clarke, Clerk of said Court, do hereby Certify, that the preceeding is a true Copy from the records of said Court, duly examined by me -

In testimony whereof I have hereunto set my hand and the seal of said Court on the day and year last above written -
Samuel Clarke Probate Clerk

Town Clerk's Office Portsmouth August 25th AD 1836
I Certify that John Earle and Deborah Anthony both of Portsmouth were Joined together in marriage on the 14th day of October A.D. 1762 as appears of record in my office
Attest Samuel Clarke Town Clerk

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BY HIS EXCELLENCY,
John Brown Francis
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.

BE IT KNOWN, that the name "HENRY BOWEN" to the aforewritten attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who, at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law: Wherefore unto his said attestation, full faith and credit are to be rendered.

In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Providence, this [illegible] day of [illegible] in the year of our Lord one thousand eight hundred and thirty-six and Independence the sixty-first

John Brown Francis

BY HIS EXCELLENCY'S COMMAND
Henry Bowen Secry

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State of Rhode Island and Providence Plantations.
Secretary's office Sept 22, 1836

I Certify that at the session of the General Assembly of said [illegible] in May last Asa Gray was listed as Justice of the Peace for the town of Tiverton in the County of Newport. George C Mason and William Gilpin Justices of the Peace for the town of Newport in said County, for one year each

That at the [session on one?] last John Cory was called a Justice of the Peace for the term [illegible] in said County until the first Wednesday in May next, and that they have been severally Commissioned accordingly as appears of record

Witness, Henry Bowen Secry

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I Thomas Borden of Portsmouth in the County of Newport aged sixty eight years or there abouts do Testafy and say that I was well acquainted with John Earl of Portsmouth on Rhode Island at the Commencement of the Revolutionary War - I reside in Said Portsmouth and within half a mile of Said Earl from the Commencement of the Revolution to the day of his Death. I was A boy at the Commencement of the Revolution and well recolect Seeing Said Earl at the head of his Company Marching to and fro watching the movements of the Company and was Still in Command of his Company untill the British took Possession of Rhode-Island which was in the fall of 1776, and after the British took Possession of said Island - Said Earl was Still in Command of his Company in Tiverton above Howlands Ferry watching the movements of the Enemy, and Immediately after the Enemy left said Island. I heard of said Earl in Command of his Company on Rhode Island - Said Earls Dwelling hous is the Same [Hous?] taken down and Caried to Butts hill fort to Build Barracks - all the rest Buildings Trees &c of Said Earl was cut down by the British under the Pretince that the owner was A Rebel. I believe that John Earl was in the Service as Captain of a Minit Company and Militia from the Commencement to the end of the Revolutionary War
Thos Borden

State of Rhode Island
County of Newport [flourish bracket] Ss Portsmouth September 21, 1836,
then Personally appeared before me the subscriber Thomas Borden and made Oath to the whole truth of the above Affidavit by him Subscribed, in my presence - and I further certify that Said Borden is a creditable person, and his Statement is fully entitled to Credit
John Cory Justice Peace

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I Benjamin Fry of the Town and County of Newport, and State of Rhode Island, aged seventy nine years or thereabouts; a pensioner under the United States' laws; on solemn oath, depose and say; that during some part of the Revolutionary War, I was intimately acquainted with Captain John Earle, late of Portsmouth in this county; and know that he was Captain of a Company of minute men; and I think he was so commissioned in 1775 about the same time that I was commissioned as a Lieutenant; I left Rhode Island in the fall of 1776; and Capt. Earle had continued in the service all that time; and I have every reason to think and do believe that he served the whole War:
Benjamin Fry

Newport R.I. September 10th.. 1836.
Newport Ss. Then personally appeared Benjamin Fry and made oath before me to the truth of the above deposition and subscribed the same in my presence and I certify that the said Benjamin Fry is a credible witness. Attest Geo. C. Mason
Justice of the Peace.

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I William Sherman of Tiverton in the County of Newport and State of Rhode Island aged Eighty years & upwards do testify and say, - that I was well acquainted with John Earl of Portsmouth on Rhode-Island; at the commencement of the Revolutionary War I resided on said Portsmouth, and in the years 1775 & 1776 I served in a Company of minute men and militia of which said John Earl was Captain - we were stationed in said years at different places on Rhode-Island, and some part of the time on Prudence, when on Rhode Island I recollect particularly we were stationed at the Redwood place and the house of Jonathan Cornell - the first part of this service we were minute men and afterwards we were turned back into the Militia

said Earl was Captain of both the Companies when I served - according to the best of my recollection I served more than one year under said Earl as Captain in 1775 & 1776 - I then went into Lippit's Regiment and went to the Southward - I returned in 1777 and was again in this year in a Militia Company of which said Earl was Captain, stationed on Prudence Island - I after this saw said Earl in the service at the [illegible] near Howlands Ferry, a great many times - from my knowledge of the activity and energy of said Earl, and from my recollection of his services I fully believe he served much more than two years in actual military service & that he was actually in the service a great part of the time from the commencement of hostilities till their suspension
William Shearman
x his mark

Witness - Asa Gray.

State of Rhode Island
County of Newport S.S. [flourish bracket] Tiverton September 20th 1836
Then personally appeared before me the Subscriber William Shearman and made oath to the truth of the above affidavit by him subscribed, in my presence, and I further certify that said Sherman is a credible person and his statement is fully entitled to credit. before me
Asa Gray Justice of the Peace

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I Hannah B. Townsend of [illegible] on solemn oath declare and say, That I was well acquainted with John Earl late of Portsmouth in the State of Rhode Island. That I well recollect seeing him [illegible] among a company of minit men - That my father Jonathan [illegible] kept a public house in Portsmouth in said state in the years 1775, and 1776, and that Cap Earl, recently came with his company to the house and paraded in front of it, and was watching the English fleet under the command of Capt Wallace. That I was seven years old at that time, and was intimately acquainted with Capt. Earl until the time of his death.-
Hannah B. Townsend

Newport Sc Newport Aug. 25, 1837
Then personally appeared before me Hannah B. Townsend and made oath to the truth of the statement by me subscribed [illegible] in my presence
Wm Gilpin Just. Peace

With this deponent, Hannah B. Townsend, I have long been acquainted and know her to be highly respectable, and [one?] whole testimony is entitled to full faith and credit
Dutee Y. Pearce

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No. 252
Abby A Earle
R. Island

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I Samuel Cory of Portsmouth in the State of Rhode Island of lawful age on solemn oath declare and say, That I very well recollect John Earl late of Portsmouth, and that he was Captain of a company of minute men in the years 1775 and 1776 that I recollect seeing him in command of his company at Bristol ferry, at the time that Wallace was there with his ships. and to the best of my knowledge he commanded a company for more than eight months, and I believe for a much longer time; that after that time I was ordered away from Rhode Island to join Gen. Washington's army, and remained with him five or six months. and after my return I saw John Earl at Tiverton he being driven from Rhode Island by the British troops. and to the best of my knowledge he was in the service for two years, and afterwards. That I was discharged in N. Jersey ["in" crossed out] Jany. 18, 1777 and returned to Tiverton where I met Capt Earl That I am a Pensioner and was one of the persons that took Gen. Prescot on Rhode Island.
Samuel Cory

Newport Sc Newport Aug. 25, 183[6?]
Then personally appeared before me Samuel Cory and made oath to the truth of the statement by me subscribed [illegible] by him in my presence
Wm Gilpin Just. Peace

[left-hand margin]
I am acquainted with Samuel Cory this deponent and know him to be a respectable man and credible witness Dutee Y. Pearce