Revolutionary War Pension and Bounty Land Warrant Application File W. 14172, John Wills

SERVICE
NUMBER
Wills, John Mary
W. 14172.
CONTENTS

2946 Massachusetts
R
Mary Mills widow of John Mills, decd.
who was a pensioner under the Act of and who died on the 20 th in 1818 of Essex Co in the State of Mass who was a first Master the crew commanded by Captain Hervey of the 22 nd commanded by Col Mansfield in the Mass Vol Navy line for 13 th  fifer & 6 th  seaman
Inscribed on the Roll of Mass. at the rate of 90 Dollars  Cents per annum, to commence on the 4 th day of March, 1836. M.E. from P C 5. 34
Certificate of Pension issued the 29 day of Feby 1840 to Hervey and James Gregory , Marblehead Mass.
Arrears to the 4 th of Sept 1839 $315.00 Semi-annual allowance ending 4 th Mar 40 45.00 Deduct former payment $360.00
{ Act July 7, } 1838. }
Recorded by D. M. Gurney Clerk, Book 2. Vol. 1. Page 145.

3349
3349. Mary Mills Wid of John
Mass Married 1789 died 1808 Ad July 7 1838 Altogether 182 months, a life 65 3/4  7 years Capt Merrill Col Massachusetts Mass miles Vol 35 p 81 Vol 36 p 52, 54 & 55 Vol. 15 p 66 1/2 Hi Merrill
For Gregory Es Marblehead Mass

State of Massachusetts } County of Essex - - - - } ss Attesthanded.
On this thirtieth day of August A. D. 1838, personally appeared before me David Cummins Esquire, a Judge of the Court of Common Pleas, a Court of Record within & for said State & County, Mary Wills, a resident of said Marblehead, aged Seventy-five years, who being first duly sworn according to law, doth, on her oath, & from the best of her knowledge & belief, make the following Declaration, in order to obtain the benefit of the provision made by the Act of Congress passed July 3 rd 1838, entitled "The Act granting half pay & pensions to certain widows": That She is the widow of John Wills, who was a Piper in the Company of Captain John Merrill, of the 21 st Regiment of Massachusetts Foot, commanded by Colonel John Glover, in the War of the Revolution: That her said husband resided in said Marblehead at the time of his enlistment, & enlisted in said Corps & in said town, in the eighth months, service, as a volunteer & Piper, on the twentieth day of May A. D. 1775: That he continued in said Corps doing his duty in & about said Marblehead until the 22 nd day of June following, when he marched with said Regiment to Cambridge, near Boston, & joined the American Army encamped there under the command of General Ward: That General Washington arrived soon after & took the command: That her said husband continued with said Regiment, doing his duty at said Cambridge & around said Boston, until the thirty-first day of December following, when the term of enlistment expired & he was discharged & returned home.
She further declares that her said husband shortly after again joined the Military Service, & enlisted as a volunteer & Piper, at said Marblehead, in the Sea Coast Service on the eighth day of January A. D. 1776, for the term of "one year unless sooner discharged by order of the Legislature", into a Company of Sea Fencibles (commanded by Captain William Hooper) that said Company was established, together with two others in the same place, under Capt. Francis Fenton & Capt. Edward Pettipiece, by a special act of the Legislature of Massachusetts for the protection & defence of said town & the adjacent coasts, & was attached to no particular Regiment: That her said husband continued in said Company, doing his duty as a Piper, until on or about the fifteenth of November of the same year, when the term of enlistment having expired said Company was discharged.

She further Declares that her said husband shortly after again joined the Military Service, & enlisted as a volunteer & Piper, at said Marblehead, in the Sea Coast Service on the eighth day of January, A. D. 1776, for the term of one year unless sooner discharged by order of the Legislature, into a Company of Sea Fencibles commanded by Captain William Hooper. That said Company was established, together with two others in the same place, under Capt. Francis Fenton & Capt. Edward Pettipace, by a special act of the Legislature of Massachusetts for the protection & defence of said town & the adjacent coasts, & was attached to no particular Regiment; That her said husband continued in said Company, doing his duty as a Piper, until on or about the fifteenth of November of the same year, when the term of enlistment having expired said Company was discharged.
She further Declares, that, from the best of her knowledge & belief, her said husband the said John Wills, again entered the public service, & enlisted with a number of his fellow townsmen, at said Marblehead, as a volunteer & Seaman, on board the Continental Brig General Gates, John Skimmer Esquire, commander, William Dennis of said Marblehead First Lieutenant - on or about the first day of November A. D. 1777; that he proceeded shortly after on a cruise against the common enemy; that they succeeded in capturing on said cruise several valuable prizes, after several severe engagements.

During one of which Capt. Spimmer was killed by a Cannon ball, & got a number of them safe into Port, whereby they saved nearly 300 pounds (Currency) to a share, & arrived home again some time in the month of May, 1778, after an absence of between six & seven months, when her said husband was discharged: that most of these facts are substantiated in the Journal of their Prize Agent, the late Richard Reed Esq. of this place, which said Journal is still preserved by his heirs: That she has no documentary evidence other than the above in relation to this last period of her said husband's services, & knows of no person whose testimony she can procure in proof of the same.
She further declares that she was married to the said John Wills, on the eighth day of October, in the year seventeen hundred & eighty-nine: that her husband the aforesaid John Wills was washed overboard while on his passage from France, as a passenger about the year eighteen hundred & eight, & that she has remained a widow ever since his death: that she was not married to him prior to his leaving the services, but the marriage took place previous to the first of January seventeen hundred & ninety-four, viz: at the time above stated - as will more fully appear by reference to the proof hereto annexed.
Witnesses D. Cummins James Gregory
Mary Wills
Sworn to & subscribed on the day & year above written - the said applicant being unable by reason of infirmity to appear in Court. Before me, David Cummins

COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss.
I, JOHN PRINCE, Clerk of the Court of Common Pleas, within and for the County of Essex, do certify, that Hon. David Cummings is Judge of the Court of Common Pleas within and for said County. That
James Gregory Esquire, a Justice of the Peace, within and for said County, and that their signatures hereon are genuine.
WITNESS MY HAND, and the Seal of said Court of Common Pleas,
November 7. A. D. 1825,
John Prince Clerk.

Extract from the Record of Marriages in the Town of Marblehead, County of Essex, State of Massachusetts.
Seventeen hundred Eighty Nine October Eighth Mr John Wills & Miss Mary Woolbrook both of this town
I certify that the above is a true extract from the record, with the exception of the date, which is expressed on the record in fair, legible figures as follows, viz, 1789 Oct r 8
Ruth Homan S, Ruth Homan, above named, depose & say that I hold the office of clerk of the Town of Marblehead, County & State aforesaid, & that the above is a true extract from the records of said town, with the exception above named, as certified by me.
Ruth Homan Clerk of the
Town of Marblehead
Marblehead September 13 th 1838
Essex ss.
Then personally appeared Richard Homan a credible witness & made solemn oath to the truth of the foregoing affidavit by him subscribed.
Before me.
James Gregory, S. of the Peace.
I, William Hooper, of Marblehead, in the County of Essex & State of Massachusetts, do on oath testify & declare, that I am Eighty years old: that I performed service in the War of the Revolution both by Land & Sea: that I was pensioned under the law of June 3 rd 1832 - on the 21 st of August, 1833, for said service: that I was well acquainted with John Wills - the late husband of Mary Wills who has signed the Declaration hereon; And I do further know that the said John Wills

James Gregory, J. of the Peace.
I, William Hooper, of Marblehead, in the County of Essex & State of Massachusetts, do on oath testify & declare, that I am Eighty years old: that I performed service in the War of the Revolution both by Land & Sea: that I was pensioned under the law of June 3 rd 1832 - on the 21 st of August, 1833 for said service: that I was well acquainted with John Wills - the late husband of Mary Wills who has signed the Declaration hereon. And I do further know that the said John Wills was a fifer in the Company of Capt John Merritt, of Colonel John Glover's Regiment, in the year 1775. And I do further know that after the expiration of said Wills term of service in said Regiment, he returned to said Marblehead, & enlisted, as a Fifer, on the eighth day of January, 1776, in the Sea Coast Service Company commanded by my late Father, in which I served as a Corporal myself - "for the term of one year, unless sooner discharged by order of the Legislature": that said John Wills continued in said Company which was commanded by William Hooper, my late Father, aforesaid - doing his duty as a Fifer aforesaid - in & about said Marblehead, until on or about the fifteenth day of November following, when said Company was disbanded by order of said Legislature. And I do further know that John Wills aforesaid was afterwards in some service by Sea in the said War of the Revolution, but the particulars of it I am not able to state. Said John Wills has been dead many years, & I have no doubt that he died at the time, & in the manner which his widow Mary Wills has hereon stated & declared. I have from my youth up always been acquainted with said Mary, whose maiden name was Holbrook, & I do further know that she has remained a widow ever since the death of her late husband the aforesaid John Wills.
William Hooper
Witness.
The word "father" being understood before signing.
J. Gregory
Harriet Bridges
Commonwealth of Massachusetts } County of Essex - - - - - }
ss. Marblehead October 12 th 1838.
Then William Hooper, a gentleman who is personally known to me as a witness of good character for morality & truth & veracity, personally appeared, & made solemn oath to the truth of the foregoing affidavit, by him in my presence subscribed -
Before me, James Gregory J. of the Peace.

Map
Rev WIDOW, &c.
No. 14172
Mary Mills Widow of John Mills Mariner Rev War
Act: July 1 th 1838
ex:—Vol. M , Page 342
[Arrangement of 1870.]

Let. to Jas. Gregory Aug. 22. 39.
2946 Refco
Massachusetts
Mary Mills.
widow of John Mills, decd.
who was a pensioner under the Act of _____ and who died on the at sea in 1808 - of Essex Co in the State of Mass who was a fifer in the Company commanded by Captain Merrill of the Regt commanded by Col Mansfield in the Mass line for 18 1/2 Months
Inscribed on the Roll of Massachusetts at the rate of 65 - Dollars 34 - Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 24th day of May 1839 and sent to Jas - Gregory, Marblehead, Mass:
Arrears to the 4th of Mar: 1839 $196.02 Semi-annual allowances ending 4 Sept 32.67
$228.69
{ Act July 7, } 1838. }
Recorded by M c Intear Clerk, ok Vol. 1 - Page 144

Increase to $90 = per annum.
From Sams 24 18. fife 66 90
J. S. Gregory Esq. Marblehead Mass.

See A. K. Head Homer Potts died Oct. 28 1839 G. C. I paper of Grace Hilyer now of Jacob: aa d Mass Oct July 30 No. 4117

Mary Mills M'89v
Jn Mills d 1808
75 8 v fife Jn Mcmilt on roll Vol 35 p 81
Jan '76 v " sea coast Wt Hooper Vol 36 p 22 on from Nov 11 Sept 3 mo
Nov 77 11 shaw Gen Gals Skimm nd alloud
on pm Jan 1 76 Vol 36 p 52 Wt Hooper ad from 1 Mar to 1 June 3 mo p 54 ad pm Sept 1 to Nov 15 76 Vol 36 p 55
11 1/2 8 18 3/4

Payment to be made at Boston by F. Haven Agent for paying pension- ers, in the Agency of Massachusetts Payable on the 4th March and 4th September in each year.
Recorded in the Pension Office, in Book A Vol. 1. Page 144 by M c Teer
Clerk.

WAR DEPARTMENT.
Five years' Pension.
I certify that in conformity with the act of July 7, 1832, Mary Mills, widow of John Mills, Decd. who was a fifer, in the Revolutionary War and died on the _____ day of _____ 1808— is entitled to receive five years pension at the rate of sixty five dollars and thirty four cents per annum, commencing on the fourth day of March, 1836; and in case of the death or marriage of said widow before the expiration of said five years, the pension will cease on the day of such marriage or death.
Given at the War Office of the United States, this 24 th day of May one thousand eight hundred and thirty nine
H. Poinsett Secretary of War.
Examined and } Countersigned. }
J. L. Edwards Commissioner of Pensions.

Marblehead, July 3 d 1839.
Honored Sir:
I duly received your favor of the 24 th of May, which it was my earnest desire to attend to before this, but pressing engagements & a sick family have hitherto prevented me.
Among other things your Honor's favor contains the following: —
"Your remarks on the character of the service of the General Gates has been noted. You will do me a favor to transmit by mail, any & all the proof you may be able to procure on the subject.
"You will observe that I have not allowed to Mrs. Wills & Mrs. Williams, the service alleged to have been performed on board that vessel by their respective husbands.
"It can be allowed hereafter, should it prove that the General Gates was a public armed vessel, and the service be established."
I therefore have the Honor herewith to forward to you the affidavits of William Harris & Hon. John Prince — two of the Revolutionary Privateersmen — affirming the Public Character of the General Gates. I might easily forward you a dozen other affidavits of the same purport, & among others that of Joseph Severn, Son of Clement Severn who was Cook of the Brit; but I have presumed that if those now forwarded with the other proof hereafter mentioned are not satisfactory — any additional number would be useless.
It is very generally understood, & believed that no WAGES were ever paid to the the crews of Private Armed vessels in the war of the Revolution. I have therefore the Honor herewith to forward to you receipts for the wages of Samuel Johns & John

John See (the latter was an apprentice to John Brooks who signed the receipt) - on board the General Gates while John Skimmer Esq. commanded for the year 1778. Also a Bill of Sale & Power of Attorney combined, conveying "one quarter part of a single share of all prizes that shall be taken by the Brigantine General Gates, Capt John Skimmer Com d , in the Continental Service" &c - to Ebenezer Graves late of this town deceased - & signed by Thomas Carruth. Also a receipt for prize money signed by John Wills - the latter more to show the identity of John Wills the late husband of Margaret (whose Pension Certificate is herewith forwarded with the view of claiming for the service of Wills on board the Gen Gates) - than for establishing the character of the G. Gates.
The names of the aforesaid persons your Honor will find on the Rolls of the General Gates. The Affidavit of John Harris affirming the identity of the Papers as belonging to the firm of Reed & Gordon, who were agents of the Marblehead portion of the General Gates crew, is also forwarded herewith.
The Ledger of the aforesaid Firm of Reed & Gordon I had the Honor of presenting to you in person on the 28th of February last, & left it for your Honor's inspection until the next day, when having occasion to leave the city I took it with me. You may possibly recollect that it is a folio book containing some three quires of paper, & upon the receipt of your favor I enquired of the Post Master of this town whether it could be forwarded by mail, & he decided it could not without special permission. Should your Honor wish for a more minute examination of it, it is undoubtedly in your power to adopt such measures as may enable me to forward it by mail.
It is not of importance, however, excepting to show that that portion of the crew of the General Gates who were

Marbleheadmen, & for whom Reed, or Reed & Gordon were agents, in every instance, I believe, have Continental Bounty charged to them in their accounts, as stated in said Ledger.
Those who were entitled to a full share of Continental Prize Money are in every instance charged (excepting the officers) with from six to twelve pounds "Continental Bounty." I know not how to account for this six pounds difference except it be found in the understood fact that the Gales went two cruises in the year 1778, & that six pounds bounty was given for each cruise. John Wells is charged with twelve pounds bounty in his account & it is therefore presumed that he was in the Brig for both cruises.
In a letter to L. M. Stone Esq of Boston from your Honor, dated Sept. 26th. 1838 - relative to the claim of the widow of Jacob Hiler - whose late husband was Master at Arms of the G. Gales - a copy of which letter is now before me - it is stated that Hiler was allowed for 10 1/2 month service on board the Brig when he was pensioned, & it is presumed Wells was on board her as long as him.
In addition to the proof now forwarded affirming the identity & public character of the G. Gales, I beg leave to refer you to that which was forwarded with the papers of John Skute, John Skummer, John Williams, Jacob Hiler, William Laskey - the three first of whom were pensioned in 1820 & the two last in 1833, & all of whom were pensioned for service on board the General Gales, & all of whom were then residing respectively, in the then  now counties of Norfolk - Suffolk & Essex & Middlesex, Massachusetts.
I will respectfully conclude this communication with observing, that the heirs or possessors of the Papers forwarded would not consent to part with them till I had pledged my Honor that they should be all four safely returned to them again: I have therefore every reason to request that they may be returned accordingly.
James L. Edwards Esq. I have the Honor to be, with great respect, C. of Pensions. Your Honor's ob. servt. Washington, D.C. James Gregory

Oct. 28, 1839
Map.
calculated for New Bedford
at 58, ad.
James L. Edwards Esq. Commissioner of Pensions, Washington, D.C.
FREE
from Philip Dyer

Marblehead, October 21 st 1833.
Honored Sir:
Your favor of August 23 d last just was duly received, together with the Pension Certificate of Mary Willis, & the Documents which were forwarded with it on the 5 th of July previous in support of the Public character of the Brig General Gates at the time she was commanded by John Skinner.
Your Honor's favor seems to assume - First. That the proof returned "so far from going to establish the fact that the General Gates was a public armed vessel" shew very conclusively that she was a private armed vessel cruising under a commission of a Letter of Marque, & that Messrs Reed & Gordon were the agents of the owner's.
Second. That the fact of the General Gates being a Letter of Marque & the Men "all hired" is proved clearly to your Honor's mind, because you find that John Brock acknowledged by his receipt, dated January 8 th 1779, that Richard Reed (of the firm of Reed & Gordon) has paid him for "wages" £7.17.8.
Third. Your Honor then recites the Indenture between Thomas Carruth - of the Gates' crew and Ebenezer Graves, conveying to Graves one quarter part of all prizes that might be taken on the intended cruise, & in view of this fact it is asked "If the General Gates was a public armed vessel belonging to the Navy of the United States, how happened it that Mr Carruth was empowered to convey any part of the amount of prizes which might be made?"
Fourth. That "the very fact that the whole was divided into shares, shows clearly that the vessel was private property, and the whole matter a private concern in which the Government participated no farther than to grant the license and receive the usual bond."

After the receipt of your said favor I duly noted the points your Honor had set forth adverse to the Public character of said Brig, & the corollaries deduced therefrom, & set myself diligently at work to ascertain the actual usage & practice which prevailed at the time in the Public & Private armed service of the Revolution. The result of a conference with a considerable number of my fellow townsmen, whose memories are still green & fresh, & who have an intimate knowledge of the rules & customs of the Public & Private service of said war is, -
First. That they never in the whole course of their service knew either "Continental Bounties" or wages to be paid to the crew of a Private armed vessel - excepting in the case of a simple Letter of Marque - in which case wages were allowed, but never "Continental Bounties!"
Your Honor will allow that both these species of compensation has  have been proved to have been received by the crew of the General Gates & that too while Skinner Kinsey (not Waters) commanded her.
Second. That it was as customary for Seamen in the Continental Service to sell & dispose of the proceeds of their shares in expectancy, as it was for them to do it in the Private armed service, & also that shares were recognized in the Public Service as well as the Private service - with only this difference, viz: The Government received a larger proportion of the prizes taken by the Public cruises than did the owners of Private armed vessels. That the Seamen & others interested in the Public cruises appointed such agents as they thought proper (this was the case in the last war also to my certain personal knowledge) to manage their interests therein, & these sub agents settled with the Public Agent (John Bradford Esq. of Boston was agent for most of the Continental vessels in this quarter in the Revolution) - upon the

The production of legal authority from their constituents.
I cannot however think your Honor means intended, to be strictly understood that "wages" & "shares" combined - as proved to have been received by the General Sales Company - can be so construed as to show conclusively "that the vessel was private property" & "the whole matter a private concern." Such a construction of your Honor's remarks, would not accord - I beg leave to say - with your well known & just character for intelligence & accuracy. The Journals of Congress, Vol. 1 - pages 213 & 201 - as quoted in Clark's Naval History. Philadelphia Edition, 1813, - pages 54 & 55 convince me that such a construction was never intended - however much the literal meaning of the words of your Honor's said letter may warrant it.
In closing these remarks, I beg leave to refer to an omission in your said favor - in the quotation given from the "indenture" of Thomas Caruth, wherein he conveys part of a single share in said ship to Ebenezer Graves. In said quotation the proof which the document was forwarded to and establish is entirely left out , viz "Capt John at Skimmer Com nd in the Continental Service." These omitted words, as here given, are exactly the words of the document referred to, & the whole document bears on its naked face the stamp of originality.
In this quarter the proofs of all kind are so numerous confirmatory of the Public character of the General Sales that it is no more doubtful than that of the Constitution Frigate. Every Newspaper & chronicle of the times alike confirm it! On the 17th inst. I was called upon by E. Homer Esq. of Boston to assist him in making a selection from the numerous class the State House in Boston affords, & these proofs, certified by the Secretary of State, were mailed the same day. I therefore herewith again forward to your Honor the Certificate of Mary Wells, & beg to refer you to them in support of her claim.
I have the Honor to be, with high respect, James L. Edwards Esq. Your Honor's obedient servant. Commissioner of Pensions, James Gregory Washington, D. C.

Sale of the Prize Brig Union her Appurtenances & Stores, put into my hands by the Hon ble the Board of War of this State & John Bradford Esq r Agent for the United States of America. This Brig was Captured by the State Brig Hazzard, John Foster Williams Esq r Commander and the Continental Brig, Gates Laniat Waters Esq r Commander.
Boston May 7, 1772.
The Brig Union her Appurtenances & Dunnage $5200.00
Charges:
  Advertizing in News Papers . . . . . 9.00   Crying the Sale . . . . . 1.00   Commissions . . . . . 1 3/4 P. C. . . . 65.00   Net proceeds . . . . . 5124.00 
$5200.00
Boston May 7, 1772.
Errors Excepted
W m Greenleaf.
Com d $52.18 C.
The foregoing is a true copy of an original document on file in my Office. Witness the Seal of the State
John C. Bigelow
Secy of the Com tee S. J. H. H. Boston. Oct. 2. 1839.