Revolutionary War Pension and Bounty Land Warrant Application File R. 3772, Henry Freeborn, R.I.

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Service
R.I.  

Freeborn, Henry
Mary

Number
R. 3772

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1741 -
Rhode Island

Henry Freeborn

Newport in the State of R Island
[w]ho was a Pr.e & Serg't in the Company commanded
[unclear] Captain [blank] of the U?? commanded
[unclear] Col. Stanton in the R. Island
[unclear] for one year a Private & 1 year a
Sergeant to Apl 1782

Inscribed on the Roll of Rhode Island
at the rate of 110 Dollars ----- Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 9th day of Nov, 1832 and Sent YC.Y.
Cranston Newport R Isld

Arrears to 4th of Sept. 1832 $165
Semi-anl. allowance ending 4 March 33   55
$220

{Revolutionary Claim,
Act June 7, 1832.}

Recorded by D De Addison Clerk
Book D Vol. 3 Page 111

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No. 7320
hold
Henry Freeborn of
Newport R.I.

1 year Sergeant
1 Do Private of Artilly

Hallmith?

Old Care

$110--

Recd 26 Sep 1832

Henry Y. Cranston Esqr
Newport R.I.

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BRIEF in the case of Henry Freeborn of the county of Newport in the state of R. Island
(Act 7th June, 1832)
1. Was the declaration made before a Judge or Court? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 77 years
4.State his service, as directed in the form annexed.
Period | Duration of service | Rank. | Names of General and field Officer under which he served.
In 1777 Jan 4 to March 1778 | Months, 11 | as a private | Col. Stenton, Capt Phillips
From Apr '78 to Apr '79 | Years, 1 | ditto | Col. Elliott, Capt. Soyer's 6am (illegible) of (illegible)
from Apr '79 to Apr '80 | Years, 1 |(illegible) |Col. Topham, Capt. Spinger 
5. In what battles was he engaged? none
6. Where did he reside when he entered the service? North Kingston
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? depositions sent to the loan office in 1820.
8. Are the papers defective as to form or authentication? and if so in what respect? 
X Certify that the foregoing statement andthe answers agree with the evidence in the case above mentioned.
Sevin Belt
Examining Clerk

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292 (38)

V8
Mary Freeborn
dec'd R. Island

Henry

Col. Topham Capt Spinoza
last term 0 from March 13, 79
to 13 March 1780. Marriage
in Apl. 81 -

Husband died 1835
widow died 1839

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State of Rhode Island & Providence Plantation
Newport ss. On this twentieth day of August AD one thousand eight hundred and thirty six personally appeared before me the subscriber a Justice of the Peace in and for the county of Newport and State aforesaid Mary Freeborn Widow of the late Henry Freeborn of the town & County of Newport aforesaid, a resident of said Newport, aged seventy three years who being first duly sworn according to the law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July fourth 1836. That she is the widow of the late Henry 
Freeborn, that he was a soldier in the revolutionary war, and received a pension for his services under the act of 1818 which was afterwards discontinued on account of his owning or rather having possession of an old shell of a house, he was afterwards reinstated on the pension list and received his pension up to the time of his death. He served under Capt. John Topham but I do not recollect where or exactly how long, but he was in the service during the war  I recollect he was in an engagement on this Island and soon after returned to Newport and was stationed at one of the forts.  I particularly recollect this circumstance because I was compelled to stay in Newport having aged Parents and a child to take care of which was an infant and I do not recollect where he was afterward stationed I have have heard him tell much of his revolutionary services but on account of my age scenes of sorrow and infirmities I am not able to particularize _  My husband was blind above twenty years and unable to do anything to contribute towards obtaining a living and was wholly dependant on my exertions and my children's until he received a pension of ninety six dollar per year from government.  I have no documentary evidence relative to his services_
She further declares that she was married to the said Henry Freeborn on the twenty ninth day of April one thousand Seven hundred and eighty one; that her husband the aforesaid Henry Freeborn died on the twelfth day of

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State of Rhode Island & Providence Plantations Newport fc. I Theophilus Topham of the town and County of Newport on oath do testify and say That I have been well acquainted with Mary Freeborn the present applicant for a pension for many years, and that she is the Widow of Henry Freeborn late a Pensioner, that she is aged and infirm, and unable to make application in open Court - I have no hesitation in declaring that her
character for truth and veracity is good for any thing that she might state that she distinctly recollected - That she has for many years been seriously afflicted with trouble and disease her late husband having been blind for more than twenty years as about the last work he was able to perform was for me - and that the said Mary Freeborn still remains the Widow of Henry Freeborn late a Pensioner under the act of Congress of 1818.

Subscribed &c this Twentieth day of August A.D 1836.

Theophilus Topham

Before me,
Daniel C. Denham
Justice Peace

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State of Rhode Island &c.
Newport &c. at Newport,
February 20th 1837,

I hereby certify that I have this day called at the residence of Mrs. Mary Freeborn to take her declaration, (she being represented to me a very infirm & of feeble health, & from her personal appearance and other evidence I believe she could not attend a public
court for the purpose,) and that the said Mary, (whose character for truth & veracity I believe upon credible testimony to be good,) under solemn oath to testify the truth, did particularly declare the foregoing Declaration as made by her before Daniel C. Denham Esq. on the 20th of Aug. A.D. 1836, to be true in all its parts, before me,

Joseph Joslen,
C. Jus. C. C. Pleas
Newport

State of Rhode Island and Providence Plantations
Newport &c

Clerks Office, Court of Common Pleas
Newport February 22, AD 1837

I George C Shaw Clerk of the Court of Common Pleas, in and for the County of Newport, being a Court of Record, do hereby certify, that Joseph Joslen before whom the declaration of Mary Freeborn was sworn to, is the Chief Justice of our Court of Common Pleas, was chosen by the General Assembly and commissioned by the Governor of this State and is legally qualified to act in his said capacity, and that his signature, above written is genuine.

In witness whereof I have hereunto set my hand and seal at Newport aforesaid on the day and year abovewritten

Gro. C Shaw, Clerk

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At a Special Court of Probate holden Newport March 7th. 1836.

Mr James Lawton being duly engaged, on oath declares that Henry Freeborn, late a Revolutionary Pensioner of the United states died at Newport on the 12th day of October
1835, and Joshua Brainard on oath declares the same, and the Court know that Mary Freeborn is his widow
a true copy witness
Benj D Harland
Prob Clk.

Court of Probate Clerks Office
Newport August 20th. 1836-
I Certify that the above relation to the death of Henry Freeborn and Mary Freeborn is a true Copy as of Record in this Office.

In Testimony whereof I have hereunto set my hand and the seal of said court the day and year last above written
Benj D Harland
Probate Clerk

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Newport August 22 1836
I hereby certify that I have examined a Book purporting to be a record of Marriages by the Rev. Gardner Thurston handed to me by the family of the said Thurston, he having been former Paster of the 2nd Baptist Church in this town and I find in this record, under date of April 29th, 1781 seventeen hundred and eighty one recorded the marriage of Henry Freeborn & Mary  Simpson.
Attach Dr. Thurston
Daniel C Denham, Clerk
2nd Baptist Church 
in Newport.

Newport Le Morwpron August 22nd, 1836. Personally came Daniel C Dunham clerk of the 2nd Baptist Church, in Newport, known to me as such, and has sworn an oath directly that he is the clerk of said church in determining whereof I here unto affix my hand and seal, this day and year above named - and also on oath do that the above certificate by him 


Newport Le
State of Rhode Island & Providence Plantation 
Clerks office, Court of Common Pleas
Newport, August 22nd 1836

I the subscriber clerk of the court of  Common Pleas in and for the County of Newport and State aforesaid, do hereby certify that Daniel C Denham before whom the Declaration of Mary Freeborn and the Deposition of Theophilus Topham was sworn to is a Justice of the Peace for the Town of Newport legally chosen by the General Assembly of this State and duly commissioned by the Governor thereof, and that the signature affixed to said Declaration and Deposition is his true and proper signature in his own hand writing. And I do further certify that Abraham Thurston before whom Daniel C Deham Clerk of 2nd Baptist Church in Newport is as sworn  is a Justice of the Peace duly chosen and commissioned as aforesaid and that his signature hereto is affixed is in his own proper handwriting. I witness whereof I have hereunto set my hand and affixed the Seal of said Court on the day and year aforesaid
Gro C Shaw
Clerk

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State of Rhode Island, &c.
County and Town of Newport, ss.

On this fourteenth day of September, A.D. 1832, personally appeared in open Court, before the Court of Probate of said Newport, at a special session thereof, Henry Freeborn, a resident of said Newport, in the county and state aforesaid, aged seventy-seven years, who being first duty sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7th, 1832, viz: —

That he was born at Newport, in the colony of Rhode Island, on the 18th day of June, 1753, but has no record of his age; nor does he know of such record, if any ever at any time made, except that made by himself in his own family Bible; that he was enlisted as a private soldier in the company commanded by Capt. Phillips, Col. Stanton's Regiment, and served therein from January 1777 to March 1778; from April 1778 to April 1779, he served in Capt. Sayer's Company of Artillery, in Col. Elliott's Regiment; that from April 1779 to April 1780, he served as second sergeant in Capt. Joseph Springer's Company, in Col. Topham's regiment.  For further evidence of Declarant's service, see his application for a pension, with the depositions of Joseph Finch, John Handy, and George Sherman, who are now all these dead: said application and depositions were forwarded to the War Department in the year 1820.

This Declarant further says, that he never received

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any written discharges from either of said Company; nor has he had any evidence of such discharges at this or any other time in his possession; that at the time of his first being called into service, he lived in the town of North Kingstown, State then Colony of Rhode Island; that since the Revolutionary War he has lived in said town of Newport, where he is known by Michael Eddy and Theophilus Topham and sundry others, who can testify to his character for veracity, and their belief of his services as a soldier of the Revolution.  Declarant further states, on oath, as aforesaid, that there is no witness now living to his knowledge, who can testify to any of the foregoing services.  He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the Pension Roll of any State.

 Sworn to and subscribed the day and Year aforesaid,
Henry Freeborn X his mark

Sworn to and subscribed the day and year aforesaid.  Witness
Benj. B. Howland
Prob. Clk.

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Sworn and subscribed the day and year aforesaid in open Court.  Witness
Benj. B. Howland  Probate Clerk.

And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogation prescribed by the War Department, that the above named applicant, was a Revolutionary Soldier, and served as he states.

And that Court further certifies, that it appears to them that Michael Eddy who has signed the preceding Certificate, is a Clergyman resident in the town of Newport, Rhode Island, and that Theophilus Topham who also signed the same, is a resident of the town of Newport, and is a credible person, and that their statement is entitled to credit.

I, Benjamin B. Howland, Clerk of said Court of Probate, do hereby certify, that the foregoing contains the original proceedings of said Court in the matter of the application of Henry Freeborn, for a Pension.

In testimony whereof, I have hereunto set my hand, and seal of office, this fourteenth day of September, A.D. one thousand eight hundred and thirty two.

Benj. B. Howland
Probate Clerk.

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7320
Henry Freeborn

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Henry Freeborn
R. Island 136.

Lur(?)
is he continued?

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State of Rhode-Island & Providence-Plantations.

Newport sc—Court of Common Pleas, May(?), Term, A.D. 1820

ON this Twenty Sixth day of June 1820, personally appeared in open Court, being a Court of Record within and for the County of Newport in the State of Rhode-Island, &c. Henry Freeborn aged Sixty five Years residing in the Town of Newport in said County, who being first duly sworn according to law, doth on his Oath declare, that he served in the Revolutionary War as follows :—

From Janry 1777, to March 1778 in Capt. Phillips Company, Col Stanton's Regiment, from April 1778 to April 1779 in Capt Sayers Company Artillery Col Elliot's Regiment, and from April 1779, to April 1780 in Capt Joseph Springer's Company Hal(?) Topham's Regiment.

The applicant is a Mason by profession but from total blindness is unable to labor, & lost the use of his eyes some years since and remains to the present totally blind.

That he made a previous Declaration on the Thirty first Day of March 1818, and that he has received a Certificate for a Pension, being No. 1725 —And in pursuance of the Act of Congress, passed May 1st, 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 whatever, 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 person engaged in the land and navel 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.

witness H.Y. Cranston Clr  Henry Freeborn + his mark

A SCHEDULE of Property and Income, (necessary clothing and bedding excepted) of Henry Freeborn viz Part of a Lot of Laner(?) 50 feet by 24 with a Dwelling he used thereon 24 by 16 feet one Story high subject to a yearly quitrant (?) of Sixty Six cents per year—100.

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subscribed.

witness H.Y. Cranston Clr  Henry Freeborn + his mark

A SCHEDULE of Property and Income, (necessary clothing and bedding excpeted) of

Henry Freeborn viz Part of Lot of Laner(?) 50 feet by 24 with a Dwelling he uses thereon 24 by 16 feet one Story high subject to a yearly quitrent of Sixty Six cents per year—100..
and Bank(?) $3. — Two Tables $3 — Eight Chairs $2.50— 8.50
One looking glass one Stand — 2.60
Crockery, ovenware(?), Stove, Shovel & Tongs & Andirons — 14.
1/2 Laz(?) Teaspoons — 2.50
____ $127.60
my family consists of Self, & wife age 63 very infirm

Sworn to and declared, on the Twenty Sixth day of June before the Court
H.Y. Cranston Clk

Clerk's office Court of Common Pleas for the County of Newport

I hereby certify that the foregoing oath and the Schedule thereto annexed, are truly copies from the records of said Court; that it is the opinion of said Court, that the amount in value of the property exhibited in said Schedule is One hundred twenty Seven Dollars Sixty cents.  I further certify that said Court is a Court of record being so constituted by Statute, possessing original and unlimited Jurisdiction in all civil actions, proceeding according to the course of the common Law, and keeps a record of its proceedings.

In testimony whereof I have hereunto set my hand & affixed the Seal of said Court this first Day of Sept. in the year of our LORD, Eighteen hundred Twenty & forty fifth of American Independence.

By order of Court

H.Y. Cranston Clk

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Mary Freeborn
Widow of
Henry Freeborn

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State of Rhode Island and Providence Plantations.
Newport s.  at a Court of Probate of the town of Newport on Monday September 7th AD 1846.

Be it Remembered that John T Freeborn of said town of Newport, appeared in open Court on said seventh day of September 1846, and subscribed the annexed declaration for Pension, and made oath to the truth thereof before said Court, and it was proved to the satisfaction of the Court, that Henry Freeborn named in said declaration was a Revolutionary Pensioner of the United States on account of his service in the Revolutionary War, and that he died at Newport aforesaid on the twelfth day of October eighteen hundred and thirty five and left Mary Freeborn his widow, and that the said Mary Freeborn also died on the twenty eighth day of April Eighteen hundred and thirty nine at said Newport his widow and leaving four children viz John J Freeborn, Mary S Callahan, Ann Lake and Samuel Freeborn, and that the said John T Freeborn Mary S Callahan Ann Lake and Samuel Freeborn are all still living and of lawful age, and that the said Henry Freeborn and Mary Freeborn were married in the twenty ninth day of April in the year seventeen hundred and eighty one, and the deposition of Mary S Callahan produced to this Court is herewith appended to said declaration, and I hereby certify that I am well acquainted with said John T Freeborn and Mary S. Callahan and that they are persons of truth and veracity, and I further certify that Theophilus Topham Esquire is the Presiding Officer of said Court and that his signature hereto of said declaration is genuine.

In Testimony whereof I Benjamin B Howland Clerk of said Court of Probate have hereunto set my hand and the seal of said Court the day and year first above written.

Benj B Howland
Probate Clerk

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DECLARATION.
In order to obtain the benefit of the Act of Congress, of the 7th July, 1838, entitled "An Act granting half pay and pensions to certain Widows."

State of [crossed out: Massachusetts] Rhode Island, County of Newport ss.

On this seventh day of September eighteen hundred and forty six personally appeared before the Court of Probate of the town of Newport being a Court of Record John T. Freeborn, a resident of Newport in the county of Newport aged sixty three years, who, being first duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress, passed July 7, 1838, entitled "An Act granting half pay and pensions to certain widows;" That he is the son of Henry and Mary Freeborn late of said Newport both deceased and that Henry Freeborn aforesaid was a Soldier in the army of the Revolutionary war and performed therein several terms of Military duty as a Private and also as a Sergeant For which service the said Henry received a pension from the United States under the acts of Congress of March 18, 1818 and the 7th June 1832.  For a more particular description of the service of the said Henry Freeborn he refers to the original papers on file in the Pension office at Washington.

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I Mary Callahan of the town and county of Newport State of Rhode Island ages Fifty-seven years being sworn do on oath testify and say that Henry Freeborn late of said Newport dec'd. was a Revolutionary Pensioner of the United States on account of his services in the Revolutionary War and that he died at said Newport on the twelfth day of October eighteen hundred and thirty five and left Mary Freeborn his widow and that the said Mary Freeborn also died on the twenty eighth day of April eighteen hundred and thirty-nine at said Newport leaving four children viz. John T. Freeborn Mary S. Callahan, Ann Lake and Samuel Freeborn and that the said John T. Freeborn Mary S. Callahan Ann Lake and Samuel Freeborn are all still liing and of lawful age.

Mary S. Callahan X her mark

Sworn to and subsribed this 20th day of June 1846.
Before Daniel C. Denham Just. Peace
Newport ss. Newport June 20, 1846.  I hereby certify that the above named Mary S. Callahan is well known to me and that her testimony under oath is entitled to full faith and credit.
Daniel C. Denham, Just. Peace

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February 4, 1839.
XXXXXXXXXXXXXXXX
Mrs. John F. Marvel
5 Whelden Avenue
East Providence, Rhode Island

BA-J/ady
Henry Freeborn
R.3772

Dear Madam:
Reference is made to your letter relative to Henry Freeborn and Richard Simpson, soldiers of the Revolutionary War.

Revolutionary War data furnished by this office
are obtained from claims made to the United States for pension and bounty land based upon the military service of soldiers in that war.

A careful search of the records fails to show such a claim on file on account of the services of Richard Simpson, all spellings of the names searched.

The data contained herein were obtained from the papers on file in the Revolutionary War claim for pension, R.3772, based upon the military service of Henry Freeborn in
that war.

Henry Freeborn was born June 18, 1755, in Newport, Rhode Island. The names of his parents are not shown.

While a resident of North Kingstown, Rhode Island, Henry Freeborn enlisted in January 1777, served as corporal in Captain Samuel Phillips' Company, and in Colonel Joseph
Stanton's Rhode Island Regiment and was discharged March 16, 1778. He enlisted in April 1778, served as private in Captain
Joshua Sayer's Company, Colonel Robert Elliot's Rhode Island Artillery Regiment and was discharged in April 1779. He entered the service in April 1779, served as sergeant in
Captain Joseph Springer's Company, Colonel John Topham's Rhode Island Regiment and was discharged in April 1780. He entered
the service in July 1780 and served three months as ensign in Lieutenant Colonel Jesse Maxson's Rhode Island Regiment. He served more than seven months from the fall or winter of 1781-1783 in Captains Henry Dayton's and Philip Traffan's Companies,
Colonel Lemuel Bailey's Rhode Island Regiment as private and sergeant.

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He was allowed pension on his application exected March 31, 1818, at which time he was a resident of Newport, Newport County, Rhode Island.
He died October 12, 1835, in Newport, Rhode Island.
Soldier married April 29, 1781, Mary Simpson. Their marriage was recorded on the records of the second Baptist Church in Newport, Rhode Island. The names of her parents are not shown.
Soldier's widow, Mary Freeborn, died April 28, 1839, in Newport, Rhode Island, aged about seventy-six years.
She was survived by four children: Ann Lake, Samuel Freeborn, their ages not given, Mary S. Callahan, and John T. Freeborn.
In 1846, said John T. Freeborn, aged sixty-three years, was a resident of Newport, Rhode Island. In 1846 said Mary S. Callahan, aged fifty-seven years, was living in Newport, Rhode Island. There are no further family data.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator

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Rhode Island Role
1725

Henry Freeborn
Private—4
In the army of the United States during the Revolutionary War.

Inscribed on the Roll of Rhode Island at the rate of 8 Dollars per month, to commence on the 31 of March 1818—
Rhode Island Line

Certificate of Pension issued the 30 of June 1818 and Sent to Pensioner—Newport, RI—

Arrears to 4th of Sept in 1818—
5(?) Mos. 1/31&4/30  $41.31

{Revolutionary claim, Act 18th March, 1818}

3 Years
Sur.(?) Febry 21 1820

Newport Newport (?)

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Let. to R. Baldwin,
to same Dec. 12, '46
J.J. Coombs Nov 16th 1850
Let. John F. Freeborn
Feb 8/65
3772

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Act 36
Mary Freeborn—
wid. of Henry

See letter to Ha. Pearce July 5, 1839(?)
do. to A. Robbins, Aug. 2
1837—same 25 Sept. 1837.

Declat. (?) to Hon. R.B. Cranston,
January 22, 1838
giving copy of let. to Hon. W. Pearce, proof of service aft(?) dated July 5, 1837 nearing(?) still wants

Same Jany. 29, 1838
Let. to Wm. R. Noyes, June 19, 1838.
to Wm. Stevens, July 18, '39
to R. Baldwin, Sept. 23, '46
to same Oct 13, '46

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Certificate of app. of Henry Freeborn
—11—

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Newport ss.  Clerk's Office Court of Common Pleas
Newport May 23, AD 1837

I George C. Shaw, Clerk of the Court of Common Pleas in the aforesaid County, being a Court of Records, do hereby certify that Daniel C. Denham before whom the Depositions of Thomas Coggeshall and John Williams was sworn to is a justice of the peace for the Town of Newport, was elected by the General assembly and commissioned by the Governor of this State and is fully authorized to act in his said capacity and that his signature to said depositions affixed is his genuine signature.

In witness whereof I have hereunto set my hand and affixed the Seal of said Court, at Newport on the day and year aforesaid.

Geo. C. Shaw

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Dess.(?) John Williams
Mrs. Freeborn case

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I John Williams of Newport of the County of Newport & State of Rhode Island on solemn oath do testify and say that I am in the 78th year of my age, That I did duty in the war of the Revolution, that I have deposed in the case of Mary Freeborn, relative, to the services of her husband, the late Henry Freeborn in said war and at the time of giving my deposition, I was not prepared to state particularly the year I served in an expedition to Block Island — But since that time, I have carefully examined and compared dates where I was &c.  And, now know that it was in the fall of the year 1781, and am also sure that Col. Bailey Capt. Traffan & Lieut. Perigo were officers, and that Henry Freeborn the husband of the present applicant was the Sergeant with whom I went to the quarters of Col. Baily on said Island for the purpose of obtaining his order for the day. — I also testify and say the troops for this expedition were taken from the different Companies then on duty at this place.  I also know that said Freeborn was on duty in this town some time after our return from this expedition — and am well satisfied, and believe that it is the opinion of all that have any knowledge of said Freeborn, that he served in Henry Sayton's Company — and that he served nearly all the War in different Companies but cannot at this time state from what particular company said Freeborn was taken at the time we were detached for this expedition.  I also testify and say that I am not a pensioner nor have I ever made application for a pension.  John Williams

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State of Rhode Island & Providence Plantations
Newport ss. May 17th 1837.  Then personally appeared the within named, Deponent John Williams and made oath to the truth to the within declaration by him subscribed, Before me
Daniel C. Denham
Justice of the Peace

I hereby certify that I am personally acquainted with the within named Deponent John Williams and that his reputation for truth and veracity is good, and that his declaration is entitled to full credit.
Daniel C. Denham Justice of Peace, Newport May 17th 1837.

Newport ss. Newport May 17 1837
I hereby further certify that I took the declaration of Mrs. Mary Freeborn some time in August last and that from the impression I received from her of the service of her husband, I thought it unnecessary to be any more particular than merely to identify her as the widow of Henry Freeborn, believing that there was sufficient evidence in possession of the War department to entitle her to a pension — Daniel C. Denham Just. Peace

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I Thomas Coggeshall, of Newport County of Newport and State of Rhode Island, on solemn oath do testify and say That I was well acquainted with Henry Freeborn of this town previous to the war of the Revolution and distinctly recollect that he embarked in the struggle for American Independence at an early period, and know that he was a Sergeant and ensign in said war I was in, Massachusetts and at sea a proportion of the time from 1778 to 1783 but was frequently at Newport and as I was intimate with said Freeborn when we were apprentices I had a general knowledge of his employment and believe, as much as I believe, there was a Bonaparte that said Freeborn served in the above named capacities at least three fourths of the time from 1775 to 1783 and I believe it is also the opinion of all those those that was acquainted with him during the War.  But at this late period, I cannot state the length of any particular term of service — I mentioned to Mr. Noyes last summer that Henry Freeborn did duty in this town as an Ensign, but he did not at the time find any record of the same therefore said my testimony would not assist him in prosecuting the claim—
Thomas Coggeshall

State of Rhode Island & Providence Plantations
Newport ss Newport May 23rd 1837  Then personally appeared the within named Thomas Coggeshall and made oath in due form of law to the truth of the within declaration by him subscribed — Before me Daniel C. Denham, Justice Peace, Newport ss Newport May 23rd 1837

I hereby certify that I am personally acquainted with the above named Deponent Thomas Coggeshall, that his reputation for truth and veracity is good, and that his declaration is entitled to full Credit.
D.C. Denham  Justice of the Peace

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I am well acquainted with John Williams & Thomas Coggeshall the gentlemen whose declarations are on the (?) (?) and here no hesitation in day that two more reputable or respectable men cannot be found in the state of Rhode Island

Justice of Peace

Newport May 23rd 1837

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State of Rhode Island and Providence Plantations
Secretary's Office May 20, 1837.

I certify that at the session of the General assembly of said State holder in the third Monday of July seventeen hundred & eighty Henry Freeborn was appointed Ensign in a Regiment ordered at said session to be raised for three months: of which Jesse Maxson was Lieut. Col. Commandant.  As appears of record in this office.

Witness Henry Bowen Secry.

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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 afore-written 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 twentieth day of May in the year of our Lord one thousand eight hundred and thirty-seven and of Independence the sixty-first.

John Brown Francis

By His Excellency's Command.
Henry Bowen Secry

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James L. Edwards Esq
Com. of Pensions
Washington, D.C.

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James L. Edwards Esq
Sir,

Enclosed I forward you the declaration of Mrs. Mary Freeborn widow of the late Henry Freeborn a revolutionary pensioner, and the deposition of Theophilus Topham Esq. President of the Court of Probate relative to her character, widowhood &c.

Also attested copies from the church records as to the marriage and from the Probate record relative to said Henry's decease which are respectfully submitted for your consideration by
Your Obt Servt
Wm. R. Noyes
August 2nd(?) M.F.

Newport R.I.
Augt. 22nd 1836

Page 38

I Peleg Barker of Portsmouth in the County of Newport and seventy seven years of age, after being duly cautioned and sworn doth testify and say that during the war of the Revolution and after the British forces evacuated the Island of Rhode Island, I was a private soldier in a Company under the command of Cap. Henry Dayton and stationed at this place that that I am now a Revolutionary pensioner.

And during said said service I was well acquainted with Henry Freeborn late of Newport who was also a soldier in the same Company with me, for the term of six months, and that the said Henry Freeborn faithfully served out his time.

Peleg Barker

Page 39

Mrs. John F. Marvel
5 Whelden Avenue
East Providence, R. I. 

Jan. 17, 1938

To The
Veterans Association
Washington, D. C. 

Dear Sir: 

Have you the Revolutionary War record for Henry Freeborn, born June 18, 1755 in Newport, R. I. ?

His wife was Mary Simpson, daughter of Richard Simpson. Have you a service for Richard Simpson?

I shall be most grateful for the service records and any family data. 

Sincerely, 

(MM. D. F.) A. W. Marvel

Page 40

1938 Feb. 4 [words covered by blackening]
Mrs. John Marvel

3772
P.O. Mary Freeborn
Service:  widow of Henry

REJECTED [marked with a stamp]

Page 41

Newport July 8th 1837
Sir

Your letter of Nov. 23 '36, relative to the claim of Mrs. Mary Freeborn was duly read, but being in hopes of obtaining further evidence of service, I did not then forward a replication.  But would (?) learn to observe that when the papers were first forwarded in support of Mrs. Freeborn's Claim, I understood from the family that Henry Freeborn in his life time had furnished the War Department with sufficient evidence of service to entitle his widow to a pension.  Since that on examination of his declaration I find he only declared sufficient to entitle him to a pension under the act of 1818 & no more, as the general impression of all the old Soldiers in this vicinity was that they must prove all the service they declared & therefore by declaring more would only add to their expenses.  In reply to that part of your communication relative to James Tennant in which you state as following "James Tennant one of the witnesses was taken a prisoner & did not return to Rhode Island until sometime in 1782.  He could not therefore have any personal knowledge of Henry Freeborn's service in 1781"— Mr. Tennant testifies to Freeborn's service in Dayton's or Traffan companies in the fall or winter of '81 or '83.  By the schedule of this state it appears that Dayton's company of 100 men was raised by an act of the Gen'l Assembly, passed at the Oct. session 1781, was enlisted in Nov. for 6 mo's and their term of service of course did not expire until June '82.  It also appears by the schedule that Philip Traffan was appointed captain in '81 & '82— And by an abundance of paid testimony that he was on duty in this place in '81 & '82.  Therefore Tennant might have seen Freeborn on duty after his release in either of those companies in '82 — In answer to that part of your letter relative to "Six months in Dayton's company" as testified to by Peleg Barker I would again repeat that after so great a lapse of time, it is almost impossible for the affiants to state particularly the exact period & the length of the term of service and at the same time have a clear and distinct recollection of the service as was the case of Peleg Barker who testified [following words underlined] positively to six months service of Henry Freeborn in Dayton Company [underlining ends] — In reply to your observations relative to Freeborn's testifying in behalf of applicants, would observe that he was blind for near twenty years previous to this death and unable

Page 42

to go out at all for months, he suffered much by disease and became confined both in body and mind, and was therefore not called upon as he would have been provided he had been able to attend court.  In regard to your enquiry relative to John Williams Esq & Mr. Thomas Mumford who testified in Mr. Freeborn's case, I would state that neither of them are pensioners.  Mr. Williams is a Gentleman perfectly independent in point of property — Mr. Mumfords is a Mechanic in easy circumstances, and both of them stand as high in this nemity(?) for truths & veracity as any other men — In this declaration I believe I shall be sustained by both the Hon Merulius of Congress from this Town, viz— Hon D.I. Pearce of the House of Representatives & the Ho. A. Robbins of the senate — I would further state that I can furnish sufficient evidence that Lieut. Col. Lemuel Baily & Capt Philip Traffan were both on duty in this town in the fall of 1781, as testified to by J. Williams Esq— and in answer to your observation relative to the declaration being made before a Justice of the Peace, I now say that Mr. Freeborn was very infirm, and unable to attend in open court, and at that time no objection had been made by the department to taking the declaration before a Justice of the Peace.  And as we have but one Judge in this vicinity and his time very much occupied, it was extremely difficult to obtain his service — In addition, three of the four certificates I have reserved, the applicants declared before a Justice of the peace. In conclusion would beg leave to state tht if on examination, the evidence is still insufficient, I am requested by Mrs. Freeborn to ask a return of the papers, that she may if her health will permit pass them before a court of Record, who are acquainted with all the affiants — I have the honor to W [presumably shorthand for Witness]

Yr Mo Ot(?)
My humble sevt(?)
W R Noyes
Agent for Mrs. M Freeborn



James L Edwards Esq
Com.m of Pensions

Page 43

State of Rhode Island + Providence Plantations Newport [illegible] I John Williams of the town + County of Newport + State aforesaid on solemn oath do testify + say that I am in the seventy seventh year of my age, and that some time after the British evacuated the Island of Rhode Island I was on duty with the militia at Brenton's Point in the fall of seventeen hundred and eighty ^one or two, and that Henry Freeborn (the husband of Mary Freeborn the present applicant for a pension.) myself and several others were drafted or allotted to go from Newport to Block Island for the purpose of intercepting the Refugees who were then collecting supplies from the [illegible] and depositing them on the Island to be furnished to the enemy, That said expedition was commanded by Col. Lemuel Bailey of the Company commanded by Capt. Traffan. That a three masted Lauguadock [crossed out] Schooner called the Lauguadock was taken up for the occasion We embarked and sailed butas the wind was at east we went in under the lee of the Island + Caused, but before the Refugees returned from the East the wind came on [illegible] blow a gale + by stress of weather we were compelled to bear away for a bit with Storington, Connecticut. Where we drew provisions from the Commissary and did our cooking on the wharf. The Schooner was commanded by Lieut. Perigo. I have a clear and distinct recollection of Henry Freeborn, John Stevens + William Hoxie being then on duty and attached to said expedition, as we four took breakfast together at the house of Mrs. Tomlins of Block Island one of our intimate friends and acquaintances who had formerly resided in Newport. While our breakfast was preparing Col. Bailey sent out for his breakfast the Caualady told the servant that the Colonel must wait that she was then engaged

Page 44

in attending to the wants of some of her old friends, when they where supplied she would send in his. The circumstance of our obtaining our repast before the Col. did his, has often been boasted of by us. The length of this term of service I do not exactly recollect we were drafted for one month and we were out some time after the expiration of the term for which we were drafted, we lay at Stonington several days and then returned to Block Island and although we did not capture any of them which was owing to their superior failing, our frequent visits broke up the nest of Pirates. 
John Williams

Sworn to and signed this 27th day of October A.D. 1836. before Daniel C. Denham Justice Peace
Newport ss Newport October 27th 1836 Then personally came John Williams whose character for truth and vivacity is good and made oath to the truth of the above deposition.
Before Daniel C. Denham, Just. Peace

State of Rhode Island + Providence Havitations Newport ss. I Thomas Mumford of the town and County of Newport + State aforesaid on solemn oath do testify + say that I am in my seventy ninth year and that I have examined the above deposition signed by John Williams and that I have been acquainted with said Williams + Henry Freeborn a number of years I lived between forty and fifty years a neighbour to John Willams and that Henry Freeborn has worked for me and I have frequently heard said Williams + Freeborn relate the above story relative to the expedition to Block

Page 45

Island and boast of their outgeneralling the Colonel in obtaining their breakfast before him.  This story I have heard them relate several times a number of years ago.  From conversing with the revolutionary Soldiers and from my own knowledge of Henry Freeborn I have no doubt that he said Freeborn continued to serve his term according to law.

Thomas Mumford

Signed and sworn to this twenty seventh day of October A.D. 1836.  Before Daniel C. Denham Just. Peace

Newport ss Newport October 27th 1836  Then personally came Thomas Mumford whose character for truth and veracity is good and made solemn oath to the truth of the above deposition Before

Daniel C. Denham  Justice of Peace

Page 46

Newport ss  State of Rhode Island and Providence Plantations
Clerk's Office Supreme Judicial Court Newport in the County of Newport

I Nathaniel Sweet Clerk of the Supreme Judicial Court in the County of Newport aforesaid being a Court of Record do hereby certify that William Gilpin before whom James Tennant testified and that George C Shaw before whom Peleg Barker testified & Daniel C Denham before whom John Williams testified are all three Justices of the Peace in the Town of Newport were appointed by the General Assembly and Commissioned by the Governor of this State and are fully authorized to Act in Said Capacity & that their Signatures above written are Genuine —

In testimony thereof(?) I have hereunto Set my hand and afixed [sicc] the seal of the said Court at Newport on this Twelfth day of November One Thousand Eight Hundred Thirty Six

Nathaniel Sweet Clerk

Deposition of John Williams
by(?)
Mary Freeborn

Page 47

Boston, Masstts, Sept 10th 1846
Sir,
I transmit herewith the papers of application for
Pension money due the children of Mrs Mary Freeborn
deceased, widow of Henry Freeborn, late of Newport R. I.
deceased, under the act 7th July 1838, claiming for them
the amount of Pension money due up to the time of her
death.
This case I understand has been heretofore presented
first, under the Act 4th July 1836, and subsequently
under the Act 7th July 1838, and replied to in your
letters, directed to William Stevens Esqr of Newport R. I.
dated April 23 1839 and 18th July 1839. previous to
which letters to Hon. Dules [?] J. Peirce & Hon. Asher Robbins on the same subject, had been addressed, dated July 5th 1837 & Sept 25th same year.
It is confidently believed that if the authorities of Rhode Island had preserved the Muster th Pay Rolls of her troops, perticularly of her Militia that satisfactory evidence would have been exhibited of the service of Henry Freeborn in Captain Daytons Company of Militia to entitle the widow to the benefits of the act 4th July 1836, but under existing circumstanstances the claimants are compelled to waive their claim under said act.
Be pleased to give the above case the usual course of investigation, and transmit the result to me.
J. L. Edwards Esqr
Commis Pennon [illegible]
Verry Respectfully Sir I am your
Obedient Servant
Reuben Baldwin

Page 48

Boston, September 29th 1846

Sir

Your letter dated 23d Instant, is received communicating the decission [sic] of the Department in the rejection of Mrs Mary Freeborn's case, under the Act 7th July 1838. Which rejection appears to be founded on an absolute decission [sic] of the Attorney General dated 31st May, & affirmed by the Secretary of War on the 1st June 1842. The attention of Congress, [crossed out: being] then in session, having been called to the subject. That body on the following 16th of August passed the joint Resolution, to which you refer. This joint Resolution in my humble opinion was calculated to counteract the effects of ^the above mentioned extra decission [sic], and restored to the adjudicating Officers of the Treasurey [sic] & Pension Office, their original course of Action, agreably [sic] to former decissions [sic]. For a confirmation of the foregoing opinion, I would refer you to the Hon. Attorney Generals letter dated Sept 2d 1842 - see page 79 of the Pension Laws.

In which Mr H.S. Legare, after alluding to his former decission [sic] adverse to widows receiving the benefit of the act 7th July 1838 whose husbands were living on the 7th June 1832; In 6th Paragraph declares "But the joint Resolution is general; "it is passed in full view of the objection; "it orders the law
of 1838 to be carried into effect without reserve, and the "words of that law are express. The widows shall take for "five years beginning in 1836." and he concludes his letter by counselling the Secretary of War to "pay according "to the letter of the law beginning with 1836": and on the same day the Hon. Territory of War directs payments to be made according to the above decission [sic]?. The decission [sic]

Page 49

of the attorney General & Secretary of War could not have prescribed a rule of of action in the adjustment of Pension claims than from its date June 1st 1842 untill its abrogation on the 16th August 1842 - 2 months 16 days; and as
Mrs Freeborns case was not acted upon during the interim I would therefore respectfully solicit that the Department will give her case a further investigation and transmit to me the result.

Verry [sic] Respectfully Sir I am your Obedient servant,
Reuben Baldwin

James L. Edwards Esqr
Commissioner of Pensions,
Washington.

Page 50

Newport Jyly 13 1838

Sir

Yours of the 11th July addressed to me, and yours of 22d Inst to Hon R.B. Cranston is before me.  In reply would (?) leave to observe that laudable efforts have been made to meet the objections of the department, but find it utterly impossible to know the exact day date of the commencement and termination of the different tours of service performed by the husbands of the applicants & where stationed, as they were often changed to different parts of the coast.  Next as respects pay they were paid by State & the States Armies, and drew their pensions form the Commissary when he could procure them.

As respects the alarm of Mrs Mary Freeborn I would now offer you the Deposition of Ebenezer Smith, who testifies that he as at Newport in the months of December 1781, was well acquainted with Henry Freeborn &c that he then and there saw s'd [stationed] Freeborn on duty in the service of his country, and believes he was attached to Dayton's Company, that helps(?) frequently visited said Freeborn's house in company with his cousin Samuel Miller, who was also on duty there at that time.  That he was knowing to the expedition to Block Island under Col. Bailey, Capt Traffan &c.  That said Freeborn

Page 51

and Miller(?) were attached to s'd [said] expedition.  That he (s'd Smith) had frequently heard them relate the particulars &c, corroborating the statements of Parker, Tennant, Mumford, Coggeshall & John Williams Esq.  As the latter gentleman has "gone hence to be here no more" I test (?) [testify?] in duty bound to state that in the course of the last summer, he called on me to assist him in applying for a pension that he stated his services in the Militia &c but on account of his last sickness did not make application.  In course of the examination, he related the particulars of the expedition to Block Island, and observed that previous to his giving his last deposition in the Freeborn case, he had carefully examined his papers to find the exact time of s'd Expedition and shew me a receipt having date Nov 1781 and told me it was for articles he bought while in the service, and was therefore confident that he was correct in his statement of the time of s'd Expedition, to wit, the fall of 1781 and was also sure that Henry Freeborn was the Sergeant who went to Col Bailey's quarters for orders as testified by him.—

Feeling the fullest confidence of the justice

Page 52

of this claim I beg leave to ask a review of the evidence presented, believing you will find Mrs Freeborn entitled to a pension, and will forward me a certificate for the amount.

Respectfully Your
Obedient Sevt. [Servant]
Wm. R. Noyes

J.L. Edwards Esq
Comms. of Pensions
Washington D.C.

Page 53

Newport March 16, 1838

Sir,

I herewith forward to you the deposition of Samuel Young, relative to the service of Henry Freeborn after his intermarriage with the present application for a pension, which together with the evidence previously forwarded, I hope will be satisfactory to the department and entitle her to a pension.—

Respectfully Y'r Obt Svt
Wm. R. Noyes

J.L. Edwards Esq
Commissioner of Pensions
Washington D.C.

Page 54

S Young's depos.
Mrs Freeborn case

Page 55

I Samuel Young of Newport of lawful age on solemn oath do testify and say—that I am a revolutionary pensioner and am of the age of eighty one years, that was well acquainted with Henry Freeborn late of Newport deceased from my boyhood that I know that he was a soldier in the Revolutionary War, that I have often seen Freeborn on duty as a private in Capt. Henry Dayton's Company, that I do not recollect when Freeborn was married but I know that he did duty in said company after he was married, because I visited at his house after Freeborn was married and while he was a soldier in the Revolutionary Army.  I am an old man and cannot recollect dates, but what I have testified to I know to be correct, and I also know that said Freeborn did duty on Brentons Point, near the end of the Revolutionary War—

Samuel Young X his mark

Attest.
Benjamin Penye (?)

Newport &c Newport March 1 1838

Then personally appeared before me Samuel Young and made oath in one form of law to the truth of the above statements of him presented.  I also testify that said Young is a person of truth and veracity—

Wm Wilpin Just. Peace

Newport ss.
Clerks Office Court of Common Pleas
Newport March 16 1838

I George C Shaw Clerk of the Court of Common Pleas in the aforesaid County being a Court of Records, do hereby certify that William Gilpin before whom the above deposition of Samuel Young was sworn to, is a Justice of the Peace in this County, was elected by the General Assembly and Commissioned by the Governor of this State and is fully qualified to act in his said capacity, and his signature affixed thereto is genuine.

In testimony whereof I have hereunto set my hand and affixed the Seal of said Court at Newport on the day and year aforesaid.

Geo. C Shaw

Page 56

5292
RI. Cebe30(?)
7 July 1838.

J.L. Edwards Esq
Com.s of Pensions
Washington D.C.

Page 57

Newport Ap 27 1839

Sir I inclose you all the papers that is thought necessary, for this obtaining the pension of Mary Freeborn who is now very sick.

Wm Stevens

J.L. Edwards Esq

Page 58

Mary Freeborn
Henry(?) R.I. sus(?) '36

L.P. Waldo Esq.r.
Commissioner of Pensions
Washington City

Page 59

Newport February 2, 1855
L.P. Waldo Esqr
Commissioner of Pensions

Sir:

My father Henry Freeborn [name underlined] during his life received a pension of $96 a year for his services during the War of the Revolution in a company of state troops Capt Phillips under the command of Col Barton, my father died on the 12th of October 1835 and after his death my mother Mary Freeborn ([words underlined]as his widow) applied for her pension but did not receive anything, she died April 28th 1839 making the time she survived her husband 3 years 6 months & 16 days, for which she was entitled to a pension of $96 per year which would have amounted to $340.

I would thank you to inform me why said Pension was not allowed to her when it was applied for and inform me what is required to enable me to get the Pension that was due her from the Government at the time of her death.  Your early attention to this matter will greatly oblige.  Your obedient serv't

John T. Freeborn

Direct to
John T. Freeborn
Newport
Rhode Island

Page 60

Mary Freeborn
widow of
Henry Freeborn
R.I.

Page 61

Washington, June 13th 1850

Sir:

Will you be so good as to cause an Examination of the case of Mary Freeborn, widow of Henry Freedom dcd [deceased] claiming a pension under the act of 1838, and advise me of the objections against allowing the claim.

This case was filed by Reuben Baldwin, d'cd, whose business has passed into the hands of Nial Pease Esq. of Lenox, Mass. at whose request I call up the case.

Very respectfully
Your obt servt
J.J. Coombs

Hon. J.L. Edwards
Court of Pensions

I authorize Mr. Coombs to attend to the above case, which was put into my hands by Mr. Baldwin's widow.

Nial Pease

Page 62

James L. Edwards Esq
Commissioner of Pensions
Washington.

Dec 2, 1846
Record of Mary Freeborn.

Page 63

Boston. November 30th 1846
Sir
I cannot in justice to my clients relinquish the claim of the children of Mrs. Mary Freeborn deceased, without making one more effort to obtain for them that justice denied them by the Commissioner of Pensions, previous to submitting their case to the National Legislature for relief. 

With all the lights before me, derived from the various decisions of the several Attorney Generals, together with your several letters, relating to Mrs. Freeborns case, I cannot concur with you in opinion, in attaching each eminent importance to the decission of the Hon. Hugh S. Legase, pronounced on the 31st May 1842, as effecting the case under consideration, and likewise as you observe "in all cases" in the same category: The position now assumed, in relation to the above mentioned case, Is in my humble opinion perfectly irreconcileable with the general course of administering the Pension Law of 1838, for nearly four years, during which time several thousands of widows were admitted to the benefit of the Act 7th July 1838, notwithstanding their husbands were living on the 7th June 1832.   But it is now asserted in the most positive manner that "Prior to the passage of the Join Resolution of the 16th of August 1842, no widow whose husband was living on the 7th June 1832, was entitled to a pension under the Act 7th July 1838!" The fair inference to be drawn from the foregoing declaration is that, the Commissioner considers that he has admitted to the pension List Roll several thousands of Individuals, without

Page 64

any authority of Law? However I consider it far more rational to infer that prior to the decission of the Attorney General of the 31st May 1842, the Act of 1838 was so expounded and understood as to embrace those Individuals, previous to its being disturbed by the decission of the Attorney General referred to. There is nothing more strikingly manifest than that the Joint Resolution, passed 16th of August 1842, was intended by its frames to do away with the evil consequences, like to ensue from enforcing said decission. And this appears to be the opinion entertained by the Attorney General himself in his subsequent decission on the Second of September following, wherein he assigns his reasons for his previous decission, and offers an apology for pronouncing it ( a construction, giving double Pensions) and in the most decided manner revokes and annuls the same. Which taken in connection with the Joint Resolution advented to, most fully and unequivocally restored the former administration of the Act 7th July 1838, as it was understood and interpreted by the highest authority previous to 31st May 1832; thereby releasing the Commissioner of Pensions, from the imputation of having admitted as Pensioners several thousands of Individuals, without any authority of law. 

Being fully impressed with the belief of the justice of Mrs. Freeborns case, and that it came within the meaning and intent of the Act of 7th July 1838, as it was understood and empower by the highest authority - previous to her death in 1839, I feel justified in insisting on its adjustment, according to the rules contained in your letter to me dated on the 14th [illegible] wherein you say, "Her claim must be settled by the law (expounded by the highest authority) which was in force at the

Page 65

time of her death"; and on a fulfillment of this promise I am willing to rest the claim of Mrs. Freeborn.

Very Respectfully Sir I am
Your Obedient Servant
Reuben Baldwin

James L. Edwards Esq.
Commissioner of Pensions
Washington

Page 66

Nov.(?) 9(?), 1846
Record
Mary Freeborn

James L. Edwards Esqr.
Commissioner of Pensions
Washington D.C.

Page 67

Boston, Masstts, October 1846


Sir, 
Your letters dated September 23 & October 13th. 1846, is received and considered, communicating the decission [sic] of the Department, in the rejection of the claim of Mrs. Mary Freeborn, widow of Henry Freeborn deceased, for a pension under the Act of 7th July 1838. And in repliance thereto permit me to make a few observations connected with this claim which I do in the most respectful manner, earnestly soliciting a further investigation of this case, believing that this the presence of business in the Pension Office- the referred to, has not received that careful attention to which it is entitled. 

I would therefore call your attention to the fact that Mrs. Mary Freeborn was the widow of Henry Freeborn deceased when the Act 4th July 1836 passed, and during her lifetime, she asserted her claim to the benefit of said Act; but failing to produce record or documentary proof of service of her husband, after their marriage, her claim was suspended - see your letter to Hon. Dutee J Pearce dated July 5th 1837. Had the friends of the applicant succeeded in finding a roll of the name of Captain Henry Dayton's company of R. I. Militia. It is confidently believed her claim would have been admitted, and a pension of $110 per annum would have been awarded, but the parol proof was deemed unsatisfactory, and her claim was suspended. Under these circumstances the claimant was constrained to waive her claim to a life pension and claim for 5 years under the act 7th July 1838. The papers of application were accordingly

Page 68

-dingly made out and forwarded to the commissioner of Pensions in the year 1839; nothing doubting but on their receptions, the commissioner would admit her to the benefit of said Act; but here again the Claimant was doomed to another disappointment.  The papers were returned and numbered W292 M81 d35, accompanied by a demand, which the claimant was required litterally [word underlined] to comply with, which if acceeded to would have involved her in the crime of perjury. The letter to which I refer, is dated July 18th, 1839, addressed to William Stevens Esq at Newport RI; in which it is declared that "unless she can declare an oath that she was not married to him prior to his leaving the service, she cannot bring her claim within the provision of the Act of 7th July 1838." This may well be considered an extraordinary demand, not warranted by the letter or spirit of the Act of 7th July 1838 or the pension laws generally; and soon thereafter, the claimant Mrs Mary Freeborn died. 

Subsequently the children of said Mary have asserted their claim to the amount of pension, supposed to be due them, and accruing from the 4th March 1836 up to the time of her death in 1839. But here again this claim was met by a most extraordinary decission [sic], contained in your letter dated September 23 & October 13th last - past. In which it is said that "prior to the passage of the joint Resolution of the 23 (16) of August 1842, no widow, whose husband was living on the 7th June 1832 was entitled to a Pension under the act 7th July 1838." This decision is beyond all doubt intended to revive and reanimate an obsolete defunct decission [sic] of the Attorney General, promulgated on the 31 May 1842. And so far was this decission [sic] from meeting the approbation.

Page 69

-bation of the National Legislature that, that respectible [sic] body gave it their decided rebuke, by passing the declaratory joint Resolution of 16th August 1842, declaring in the most emphatic language—retrospectively as well as prospectively—that "The benefits of the act &c. approved the seventh day of July 1838 shall not be withheld from any widow whose husband died after the passage of the Act 7th June 1832, and before the Act of the 7th July 1838, if otherwise entitled to the same," Thus reversing the decission [sic] of the Attorney General and restoring and confirming the former construction of his predecessors in Office of the Act 7th July 1838, under which many hundreds of widows were—and still are the recipients of Pensions, notwithstanding their late husbands were living on the 7th June 1832.  It is further manifest that the same Public Functionary—The Hon. Joseph S. Legare, on reviewing his formal decission [sic] heretofore adverted to, fully and unequivocally revokes the same, and declares in plain language that "the law of 1838 does embrace the case of widows whose Husbands were alive in 1832," and further observes "But the Joint Resolution [next two words underlined] is general:  it is passed in full view of the [underlined] objection.  It orders the law of 1838 to be carried into effect [next two words underlined] without reserve, and the words of that law are expressly [following quote underlined] "The widows shall take five years, beginning in 1836."

See his decission [sic] dated Sept 2d 1842, contained in House Doc. No 95 29th Congress 1st session, Page 79:  I would further remark that I have never learned that any widow Pensioners have been stricken from the list [crossed out: of Pensioners] an account of their husbands being alive when the Act 7th June 1832 passed, I therefore desire even handed Justice all cases.

Very Respectfully Sir I am your
Obedient servant.
Reuben Baldwin.

James L. Edwards Esq.
Commissioner of Pensions,
Washington.

Page 70

Depo. Eben. Smith
Mrs. Freeborn's Case

Page 71

The deposition of Ebenezer Smith of South Kingstown Rhode Island who being Eighty years of age and a pensioner on solemn oath gives the following deposition. "That at the time of the Revolution he was well acquainted with Henry Freeborn late of Newport R.I. deceased, who was a soldier in the Revolutionary Army and whose widow is now applying for a pension that he said Smith was at Newport Rhode Island in the month of December in the year 1781, that said Freeborn was then and there on duty in the service of his country against the enemy in a company Raised by the State for the defence of the Sea-bound and Commanded by Capt. Henry Dayton he believes, that he said Smith was knowing to an expedition being fited out from the [crossed out: under Col. Bailey and Capt. Traffan] Army at Newport under Col. Bailey and Capt. Traffan for the Purpose of intercepting the Tories who were depositing provisions on Block Island to supply the enemy and that said Freeborn and Samuel Wilbur a neibobur [neighbor?] and cousin of his (said Smith's) was attached too and went in said Expedition that they were selected from the troops then on duty at the time which was he believes in November any how but a short time previous to his being at Newport that he was frequently at said Freeborn's house in company with his cousin said Wilbur and had often heart them Relate the particulars of said Expedition.  Said Freeborn was a mason by trade and Blind for many years before his death.

Ebenezer Smith X his mark

Page 72

Washington DC South Kingstown February the 5th 1838 Then personally appeared before me Ebenezer Smith and give oath to the written statement by him Subscribed the Same being  reduced to writing by me in his Presence and by him Signed in my Presence. I also certify that said Ebenezer Smith is a man of truth and veracity.

John P. Whitford Justice Peace

Page 73

State of Rhode Island & Providence Plantations
Washington DC. Clerk's Office, Supreme Judicial Court

I, Powell Helme, Clerk of the Supreme Judicial Court for the County of Washington, do hereby certify that John P Whitford Esq. is a Justice of the Peace for the town of South Kingstown in said County of Washington duly appointed by the General Assembly Commissioned by the Governor and otherwise qualified as the Law directs and that his name certifying the taking of the aforegoing Deposition is his genuine hand writing. 

In testimony whereof I have hereunto set my hand and affixed the seal of the Court aforesaid this seventh day of February in the year 1838
Powell Helme, Clerk

Page 74

Mary Freeborn
wid [widow] of
Henry Freeborn
R.I.

Page 75

Hon James L Edwards
Com of Pensions

To Sir

I am informed that Mary Freeborn of Rh. Island has applied for the benefit of the act passed July 4 1836; and that the affidavits in the case, are those of John Williams. Thos Topham Tho Mumford James Tenant & Peleg Barker: this note is mainly to say that those men are all personally & well known to me - that they are men of respectability; and entitled to entire credit. ~

Very respectfully
Yr ob Sevt [Your obedient Servant]
Asher Robbins
Febry [February] 19th 1836

Page 76

Mary Freeborn
R.I. Oct 1836
report case to
Hon Asher Robbins
Senate US

Page 77

Henry Freeborn

The line in which the claimant Served must be mentioned. The certificate 
[illegible] [illegible]
Should be sworn to, and the precise term
of service mentioned

Page 78

Clerk's office Court of Common Pleas
County of Newport 21 April (?)
I hereby certify that Nicholas Taylor Esquire whose Signature is affixed to the within Certificate is Chief Justice of the Court of Common Pleas within & for the County of Newport State aforesaid Testimony whereof I have hereunto affixed the Seal of Law Court

Robert Rogers

Page 79

The State of Rhode Island & Providence Plantations Newport ss, I, Henry Y Cranston Clerk of the Court of Common pleas for the County of Newport, do hereby certify that Daniel Denham Esq whose signature is affixed to the two annexed certificate is an associate  
Justice of the Court of Common Pleas for the County aforesaid, duly commissioned and engaged under the Seal of said State.

In testimony whereof I have hereunto set my
hand and affixed the Seal of this Court, this
Seventeenth day of July in the year of our Lord one thousand Eight Hundred & Eighteen and the forty third of American Independence.

H.Y. Cranston

Page 80

This may certify that Henry Freeborn was a Corporal in Cap. Samuel Phillip's Company, Col. Joseph Stanton's Regiment in the Rhode Island line of the Army—that he inlisted [sic] in said Regiment in January 1777—that he served in the capacity of a Corporal until the 10 March 1778 at which time he received his discharge from that Regiment during which time of service he relinquished to the Brigade of which I was Brigade Major of.

John Handy

Newport July. 4. 1818.

The Hon. Danl. Dunham.

Newport ss — at Newport this 4th Day of July in the year 1818 personally appeared the above named John Handy residing in Newport foresaid and made solemn oath to the truth of the above written certificate by him subscribed and great(?) full faith and credit is due to his Testimony.

Whereof I have hereunto set my hand the Day  & year above written.
Daniel Denham Justice of the Court of Common Pleas

I have hereunto set my hand(?) above written.
Daniel Denham Justice of the Court of Common Pleas

Page 81

To whom it may concern

I Joseph Finch of Newport in the County of Newport & State of Rhode Island &C do Testify that from March 1779 to March 1780, I performed the services of a Musician in the Regiment of Colonel John Topham, stationed at Tiverton, Little Compton & lastly at Newport, during which time I hereby Certify that Henry Freeborn of Newport In the State of Rhode Island &C in the month of April 1779 came into our Regiment and acted as Seargeant [sic] in the Company of Captain Joseph Springer and was finished(?) from service at Newport April 1780.—

Witness my hand  Joseph Finch
George Shearman

Newport ss - at Newport this 7th Day of July in the year 1818

Personally appeared the abovenamed Joseph Finch and George Shearman residing in Newport abovesaid and made Solemn Oath to the Truth of the abovewritten Certificate by them respectively Subscribed and that full faith and credit is due and ought to be given to their attestation in all Places in Testimony so hereof(?).  I have hereunto Set my hand the Day of year above written

Daniel Denham Justice of the Court of Common Pleas

Page 82

I Henry Freeborn of Newport in the county of Newport & State of Rhode Island & Providence plantation of Solomon Bath declare and say that I inlisted in a company commanded by Capt Samuel Phillips, said company was part of a Regiment commanded by Col Jospeh Stanton, sometime in the year 1777. I served in said company fifteen months. When I was discharged, I soon after enlisted in a company of artillery commanded by Capt Joshua Sayer, said company was part of Col Rob.t Elliott regiment. I served in said company twelve months, I then was discharge my time for which I had inlisted [sic] having expired, I then inlisted [sic] in a company commanded by Cap.t Joseph Springer, which company made part of Col John Tophams Regiment, I served in said company about one year which ended in April 1780 when I was discharged, the time of my inlistment [sic] having expired.  Witnessed on [this day?] 1818.

Henry Freeborn

State of Rhode Island & Providence Plantations
Newport ss

Personally came before me Nich. Taylor Chief Justice Court of common pleas for the County of Newport / Henry Freeborn subscribed the above declaration in my presence and on his solemn oath declare the same to contain the truth the whole truth & nothing but the truth, & also declared that in consequence of his reduced circumstance  he needed the assistance of his Country for support, I further certify that the said Henry Freeborn is a very poor man and has been blind of both eyes upwards of ten years, in testimony whereof I have hereunto subscribed my name & caused the seal of the court of the affixed Nich. Taylor

Newport March 31st, 1818

Page 83

Newport Nov 14th 1836

Sir

Your of August 13th, 36 disallowing the claim of Mrs. Mary Freeborn was duly received and I now beg leave to offer the enclosed deposition to prove the service of Henry Freeborn after the intermarriage with the present applicant viz. The deposition of James Tennant who testifies to his service in Dayton's & Traftan company in the fall and winter of 81 or 82 & says "that I also distinctly recollect and from what I have seen & heard do know that he was either selected or volunteered for most if not all the dangerous expeditions that were filled out & that he did duty as a drafted soldier a few weeks previous to the peace" Peleg Barker testifies to his service in Dayton's company 6 months  — John Williams Esq testifies to his service one month in the fall of 81 or 82 — Thos. Mumford confirms the statements of J Williams Esq and adds his belief respecting the services of Henry Freeborn. In addition to the above testimony I would here observe that a Com. approved by the Gen Assembly of this state reported in 1785 that there was a balance due Henry Freeborn for depreciation of his pay of 23.19 from which I conclude that more than 12 mo. service was in evidence before the committee. Which together with the dictation of Mrs Freeborn deposition are most respectfully submitted by 

Your Obt Servt 
Wm. Noyes
James L. Edwards Esq 
Com of Pensions 
Washington

Page 84

J.L. Edwards, Esq
Commissioner of Pensions—
Washington D.C.

July 5
Mary Freeborn
RI

Page 85

Newport July 1st, 1837

Dear Sir,

I am afraid you will find me very troublesome, but my excuse is that, I am troubled myself, and must trouble you to get rid of trouble.—

Mr. Noyes tells me that the application of Mary Freeborn [name underlined], widow of Henry Freeborn [name underlined], has been before you as much or more, since [two words appear to be crossed out] the last papers in her case were sent to you — & have hopefully(?) the request(?) your attention to that case, and one with great  (?)

Your very obedient srvt.
Justice of Peace

J.L. Edwards, Esq
Comm of Pensions

Page 86

Newport Feb. 8th 1837

Sir,

Your letter of Nov. 23rd '36 relative to the claim of Mrs Mary Freeborn was duly rec'd, but being in hopes of obtaining further evidence of service, I did not then forward a replication.  I would now beg leave to state that when the papers were first forwarded in support of Mrs Freeborn's claim, I understood from the family that Henry Freeborn in his life time, had furnished the War Department with sufficient evidence of service to entitle his widow to a pension, but since that an examination of his declaration finds he only declared sufficient to entitle him to a pension under act of 1818 & no more, as the general impression of all the old soldiers in the vicinity was that they must prove all the service they declared & therefore by declaring now would only add to their expenses.  In rely to that point of your communication relative to James Tennant, in which you state as follows, "James Tennant one of the witnesses was taken a prisoner & did not return to Rhode Island until sometime in 1782, he could not therefore have any personal knowledge of Henry Freeborn's service in 1781."

Mr Tennant testifies to Freeborn's service in Dayton's or Traffan's Companies in the fall or winter of '81 or '83.  By the schedules of this State it appears that Dayton's Company of 100 men was raised by an Act of the General Assembly passed at the Oct. Session 1781 that enlisted in Nov.r for six months, their term of service of course, did not expire until June '82.  It also appears by the schedule that Philip Traffan was appointed captain in '81 or '82 and by an abundance of parol testimony, that he was on duty in this place in '81 & '82.  Therefore Tennant might have seen Freeborn on duty after his release, in either of these companies in '82.  In answer to that part of your letter relative to "six months in Dayton's Company" as testified to by Peleg Barker I would again repeat that after so long a lapse of time, it is almost impossible for the affiants to state particularly the exact period & the length of the term of service, and at the same time have a clear & distinct recollection of the service, as was the case of Peleg Barker, who testified [following words underlined] positively to six months service of Henry Freeborn in Dayton's Company. [underlining ends]  In reply to your obser[vation]

Page 87

[obser]vation relative to H. Freeborn's testifying in behalf of applicants, would observe that he was blind for near twenty years previous to his death, and unable to go out at all for months, he suffered much by disease & became enfeebled both in body & mind — and was therefore not called upon as he would have been provided he had been able to attend court.  In regard to your enquiry relative to John Williams Esq & Mr Thomas Mumford, who  testified in Mrs Freeborn's case, I would state that neither of them are pensioner.  Mr. Williams is a gentleman perfectly independent in point of property.  Mr. Mumford is a mechanic, in easy circumstance, and both of them stand as high in this vicinity, for truth & veracity as any other men.  In this declaration I believe I shall be sustained by both the Hon. Members of Congress from this town, viz. Hon. D.J. Pearce of the House of Representatives and the Hon. Asher Robbins of the Senate.  I would further state that I can furnish sufficient evidence that Lieut. Col. Lemuel Bailey and Capt. Philip Traffan were both on duty in this tour in the fall of 1781 as testified to by J. Williams Esq — And in answer to your observation relative to the Declaration being made before a Justice of the Peace, I would say that Mr Freeborn was very infirm, and unable to attend in open court.  And at that time no objection had been made by this Department to taking this Declaration before a Justice of the Peace.  And as we have but one Judge in this vicinity, and his  time very much occupied — In addition, three of the four certificates I have secured, the applicants declared before a Justice of the Peace.  In conclusion, would beg leave to state that if on examination, the evidence is still insufficient, I am requested by Mrs. Freeborn to ask a return of the papers, that she may, if her health will permit, pass them before a Court of Record, who are acquainted with all the affiants.

I have to honor to be.
Yr. Mo. Obt. Sevt.
Wm. R. Noyes
Agent for
Mrs Mary Freeborn

James L. Edwards Esq
Com.m of Pensions
Washington
D.C.

Page 88

Newport May 23rd, 1837

Sir,

Yours of the 11th Ins't(?) is before me, and I am not a little astonished at the final decision of the department that the evidence in support of Mrs Mary Freeborn's claim is still insufficient — The Declaration in this case was forwarded August 23rd '36 and was answered by the department the 31st of the same month that the claim was disallowed.  Under date of Nov.r 14th I forwarded some further evidence, in the deposition of James Tennant, Peleg Barker, John Williams & Thos. Mumford relative to his service after his intermarriage with the present applicant, and rec'd a reply dated Nov.r 23rd 1836, stating objections to the testimony & making enquiries relative to the affiants &c— Which was answered under date of Feb.y 8th 1837, a copy of which I herewith enclose, trusting that it will be carefully examined and compared with the certificate of Henry Bowen Esq Sec.y of State relative to the service of Dayton's Company now on file in your department.  Next in order is a note to the Hon A Robbins bearing date Feb.y 15th '37 in which it is stated that when the papers have been passed before a Court of Record, or a Judge of said Court. "The claim will be allowed." The papers were duly rec'd, the Declaration carefully examined and certified by a Judge and ret'd Feby 22nd '37 — The next communication from your department is under Date of the 11th Just(?), stating sundry objections to the testimony &c which I trust will be satisfactorily answered by a careful examination of the copy of my letter of Feb.y 8th and the enclosed deposition certified by the proper authorities and by the Hon D.J. Pearce

Page 89

I would also add that the first information that I rec'd that Henry Freeborn had served as Ensign was from Mr Thos. Coggeshall as stated in his deposition and that part relative to my observation is true.  As this case has been so long under under consideration I humble entreat as speedy action as the convenience of the department will admit of.

I have the Honorable(?)
Yr Most Obt Servt
Wm. R Noyes

Page 90

Aug 22
R.I.

Jr(?)
Steam Boat

A. Robbins

Hon. James L. Edwards-
Com.r of Pensions
City of Washington D.C.

Page 91

Newport R.I. Aug. 17, '37

Hon Ja.s L. Edwards

Sir,

Mary Freeborn, of this Town the widow of Henry Freeborn, is expecting her certificate of pension _ & has been so a long time.  Will you please to inform me, what difficulties (if any) will delay it.  Your note to me last waited(?) upon her duly act, while I was at Washington stated, that there was but one remaining difficulty — of which I satisfied her, & which I understand, has since been removed, by additional evidence. —

I remain very respectfully
Yr Ob. Sev't
Asher Robbins

Page 92

I James Tennant of the age of seventy five years, a revolutionary pensioner on solemn oath declare and say — That I was well acquainted with Henry Freeborn late of Newport and late, a revolutionary pensioner and late the husband of Mary Freeborn, the present applicant for a pension, that I knew him when he was a serjeant [sic] in Springer's company in Col. Topham's Regiment in the years 1779 or 1780, and I saw him several times on duty after that time & in the fall and winter of the years 1781 and 1782.  I saw him on duty in Newport in Dayton's or Traffan's company, my impression is that it was in Dayton's company.  I recollect that Col. Lemuel Bayley was in Newport at that time; but do not remember that he commanded the regiment, in his last time of service.  I do not recollect whether he was a serjeant [sic] or private, but my impression is that he was a private; That I recollect that there were several expeditions to Block Island in the years 1781 and 1782, in one of which I myself went, and was dismasted, and returned to Massachusetts, and that the expeditions were fitted out from both sides of the Bay — and that there was a great deal of Duelling carried on at Block Island which enabled the British to annoy us very much, and that that Island was a place of deposit for supplies and a rendezvous for spies and Refugees.  That I was well acquainted with Henry Freeborn up to the day of his death, and

Page 93

that he was always considered to be a good soldier and a fine American, that he was blind for twenty years or more before his death, that he has worked for me and that we have worked together a number of years and that I have heard him frequently complain of his poverty and of the depreciation of the currency that he received for his sources:  that I also distinctly recollect, and from what I have seen and heard, as known, that he was either selected or volunteered for most if not all the dangerous expeditions that were fitted out, and he did duty as a drafted soldier, a few weeks previous to the peace.

# James Tennant + his mark

Attest
Wm Gilpin

Newport ss Newport Rhode Island

Then personally appeared before me James Tennant and made oath to the truth of the above statements by him subscribed, the same being reduced to writing by me in his presence and by him signed in my presence.  I also certify that said Tennant is a person of truth and veracity.

Wm Gilpin Just. Peace

(?) War in Va.(?) Oct 1781—Ret D(?) R.I. Spring 1782
Never claimed for the same himself

Page 94

NAME  Freebush, Matthew  GRADE  Private  LINE  New York

WARRANT NUMBER  7110  ACREAGE  100  ISSUED   Sept. 9, 1790 to William Henderson, assigner