Revolutionary War Pension and Bounty Land Warrant Application File R. 5548, for Richard James, Massachusetts

SERVICE
NUMBER
Mass. Sea Service
James, Richard
R. 5548
CONTENTS

Richd Jones,
Box 99 5548
Accepted 29 Aug 1873.
14 1/2 6 1/2
May 25 11 33
P 406
E. H. Dorn Bishop Mass.

BRIEF in the case of William James of Marblehead in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? on a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 90 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1776 — 7 — Captain Gen. Commonwealth of the Snow Champlaine — an arm vessel belonging to the Conn te of Massachusetts p 308 p 77 M o   1777 — 6 — " Commonwealth of the Bay Count in duty, ensign, p 308 p 77 M o   1778 — 9 — " Commonwealth of the Chesapeake ensign as above, p 308 p 77 M o  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Marblehead Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses & documentary evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are all attached & signed 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
William Cutter Examining Clerk.

Commonwealth of Massachusetts
Essex ss.
On this third day of September  October A. D. one thousand eight hundred & thirty two personally appeared in open Court before the Probate Court of said County of Essex, now sitting at Marblehead in said Essex Richard Samson of Marblehead aged ninety years who being duly 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 7 th 1832. That he entered the service of the United States and served as herein stated. That is to say That during the Revolution in the year 1776. he was entrusted by the Board of War of Massachusetts with the command of the Sloop  Champion an armed vessel in the service of that Commonwealth, Benjamin Russell was his first officer. In August the same year he sailed from the Delaware & was chased by three British Frigates & was obliged to run her ashore at Lewistown, Cape May; succeeded in saving the military stores on board, but the vessel & all her documents were lost. He knows of no survivor of the crew, & has no documentary evidence to prove this service. His wages were thirty dollars per month, & he was employed in this business by the Commonwealth for the period of seven months
About February 1777. he was appointed by the Board of War of Massachusetts, Master of the armed Brig Count de Galais then owned by the Commonwealth of Massachusetts & employed in her service, sailed from Marblehead about the first of March for Martinique where he took on board a quantity of military stores, fire arms &c. on his return was chased by two Frigates near the West Indies, but eluded them, off Cape Horn he was again chased by three Frigates & compelled to run the Brig ashore on Cape Cod where she was taken by the enemy, but before

She floated, procuring some cannon from Truro which he brought her the next day in safety to Boston. This was the latter part of May 1777. His wages were thirty dollars per month. He knows of no survivor of the crew who can prove his service; he annexes his documentary evidence viz. the original Register of the Brig, in which he is described as her Commander, & the Certificate of the Secretary of State. He continued in the Brig some time after her arrival, his whole term of service in her was six months. John Bowdoin was his first officer. The munitions of war which he landed were of great benefit to the Country.
He was subsequently appointed by the same Board of War, Commander of the armed Ship Union then in the service of said Commonwealth. Samuel Chin was his first officer & John Cutting his second. In January 1778 he sailed in her from Portland, bound to Nantes in France. February 23 d 1778 he was captured by the British Ship Lafwing , Captain Robert Scot, off Belle Isle & carried into Falmouth, where after being stripped of every thing but a little money, he was set at liberty under act of Parliament. A certificate of his release he annexes hereto as confirmatory of his statement. By means of his money he proceeded to Paris where he received assistance from Adams & Franklin. After waiting some time for a conveyance he took passage for Massachusetts & reached home after an absence of nine months on this service. All his documents were taken with the Union. Mr. Stanley of Wellesley Marblehead here as he believes the only survivor of the crew. His pay was as before.
In answer to the several interrogatories prescribed by the War Department under oath he says That he was born on the third day of August 1742 O.S. at Marblehead.
He believes his age is recorded in the Town Records of Marblehead. He has always lived in Marblehead.
He has stated the particulars of his services.
He is well acquainted with his townsmen the Rev. Dr. Dana

the Revd. Mr. Bartlett & John Prince Esq.
He received no discharge from the service, it not being usual to give any. He hereby relinquishes all claims whatever to a pension or annuity other than the present & declares that his name is not on the Pension list of the agency of any State, & has never been there.
Richard James
Sworn to, and subscribed, the day and year aforesaid.
D. White Judge of Probate.
We Samuel Dana & John Bartlett both of Haverhill, residing on the town of Marblehead & John Prince of said Marblehead Esquire hereby certify that we are well acquainted with Richard James who has subscribed and sworn to the above declaration that we believe him to be ninety years of age, that he is respected and beloved in the neighbourhood where he resides to have been a seaman & captain in the service of the Commonwealth of Massachusetts in the Revolution & that we concur in that opinion.
Sam l Dana
John Bartlett
Subscribed and sworn to, the day and year aforesaid.
D. White J. Prob. John N. Prince
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War department, that the above named applicant was a revolutionary seaman, and served as he states. And the court further certifies, that it appears to them, that Samuel Dana and John Bartlett, who have
(Signed)

signed the preceding certificate, are clergymen, resident in Marblehead, and that John Prince, who also has signed the same, is a magistrate resident in said Marblehead, and is a credible person, and that their statement is entitled to credit.
D. W. M c judge of probate.
I Nathaniel Lord junior, register of the Court of probate, do hereby certify, that the foregoing contains the original proceedings of the said court in the matter of the application of Richard James for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this third day of October, A.D. 1832.
C. Nath. Lord jr.
Signed and sealed anew, this thirteenth day of June, A.D. 1833.
C. Nath. Lord jr.

13.099
Richard Lane Mass

I William Standly of Marblehead in the County of Essex & Commonwealth of Massachusetts aged Eighty three years on oath depose & say that in January seventeen hundred & seventy eight I shipped as a seaman on board the Massachusetts State Ship Union & sailed on her from the Port of Portland on a voyage to France. When off Belle Isle we were captured by the Sloop a British Letter of Marque & were carried into Falmouth in England & I was detained a prisoner for the period of eighteen months. My townman Captain Richard James commanded the Union during this voyage, & was captured on her. I knew him well long previous to this voyage & remember well that he went on to Philadelphia to take the command of the Champion then in the service of the said Commonwealth. I recollect distinctly as long since as the time of the revolution to have heard Captain James speak of the incidents of his voyage in the Champion, he spoke faintly

early of being blockaded in her a long time on the Delaware. — by a squadron of British ships of war off William Standly
Essex, ss. Probate court at Marblehead, October 3, 1832. Subscribed and sworn to, before D. D. White Judge of Probate Said Standly is a credible and disinterested witness. D. D. White J. B. B.

I George Bark of Marblehead in the County of Essex & Commonwealth of Massachusetts aged Seventy six years on oath depose & say that I am now & have been from childhood acquainted with my townsman Captain Richard James who this day appears for a pension under the recent act of congress about the first of January seventeen hundred & seventy eight I shipped as a seaman on board the ship Union then owned by the Commonwealth of Massachusetts & employed in her service & sailed in her on a voyage to Nantz where I have understood we were to procure military stores. On our voyage we were captured by the British ship Lascuiz & carried into Falmouth. I was detained a prisoner more than two years. The said Richard James commanded the Union on this voyage being commissioned by

and sailing under the orders of the Board of War of Massachusetts. He was taken prisoner with me. I know not when he was released but remember hearing on my return that he was a long time reaching home & met with many hardships by the way.
Albert E. H. Derby
George Coash his X mark
Coder, ss. Probate court at Marblehead, October 3, 1882.
Subscribed and sworn to, before
D. W. Pierce Judge of Probate
Said Coash is a credible and disinterested witness.
D. W. Pierce J. Prob.

This certifies that Richard James, son of Richard and Sarah James, was baptized in Marblehead, on the thirteenth day of April, anno Domini 1746, as appears on the records of the first Church.
Sam l Dana,
Pastor of said Church
Marblehead, Oct. 3. 1832.

Free Mr. Col. Rev. Boat Service
Oct. 29, 1853.
Col. rel. to pa.
per Friend. Stearns James Wessel
Da Committee Division Office Washington D.C.

from Genl. to Genl. Smith March 13. 1855
Richard James Moss.
Rejection.
to date letter 29 July.
1833 to Mr. Darby the
21 Dec 1835 to Hon.
R. Choate - M ch Crocker 4 th Nov. 1853. " " 16 th Mar 1855.
Adm y to June 1832.

55-48 P.O. Richard James Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P.O. _____ _____ _____
_____ Recognized. _____ Contract.

Liberty of the Subject To Wit, They are to certify That whom it may concern that Thomas Newby owner of the Letter of Marque called the Lapwing Robert Scott Master & likewise owner of the Union an American Prize taken by the Letter of Marque, same before Mr H. Jackson Esq. any of His Majestys of Peace & of the County made oath that the said Prize was taken on or about the 23 d Day of February Last by the Letter of Marque of which the aforesaid Robert Scott was at that time Master & that the said Prize was commanded by one Richard James & was carried into Falmouth where the said James was set at large in pursuance of an Act of Parliament for that Purpose
Thos Newby
Sworn before me This 29 April 1778
H. Jackson

(Copy.)
Commonwealth of Massachusetts.
Secretary's Office, August 21, 1852.
I hereby certify that from an examination of the books and documents relating to military services in the War of the Revolution, which remain in this Department, it appears that Captain Richard James was commander of an armed Brig called the Count D'Estaig, in 1777—as appears from divers bills of supplies & receipts bearing his name. Said Brig is supposed to have been a public vessel, but there is not on file any roll of the men engaged in her.
(Signed)
Edward D. Bangs, Secy.

(copy.)
State of Massachusetts Bay Samuel Phillips Savage, Esqr., of Newton
in the county of Middlesex and State aforesaid, maketh oath, that the Brigg Count del- taing whereof Richard James is at present Master, J. Bowdoin being a square-stern'd Vessel, of the burthen of one hundred and sixty tons, or thereabouts, was built at Newbury, in the county of Essex, in the year of our Lord one thousand seven hundred and seventy-four, and that the State of Massachusetts Bay are at pres- ent owner thereof; and that no subject of the King of Great Britain, directly or indirectly hath any share, part or interest therein. Sam Philips Savage.
Which oath afore said, was admin- istered at the Naval Office at the Port of Boston. Witness my hand and seal of my office Nat Barber, Noty
Dated at Boston this first day of March, in the year of our Lord 1777
By command of the } Major Part of the Council (Signed)
John Avery, Pro Secy

J. L. Edwards Esq.

Boston June 13 th 1833 25 State St.
Sir,
I have the honor to transmit to you the amended application of Richard Laine. The application of William Standly was forwarded at the same time with the one enclosed. I believe that the witnesses were the same in both cases; & if so I presume the Department will saved the trouble of returning it for the certificate of the Court as to their credibility.
In reply to your suggestion as to the propriety of procuring some evidence respecting the "Champion" & "Union" Permit me to say that I have made thorough search in the Secretary's Office, but can find no document

relating to them — From the rank of Mr James as an officer, I cannot think he is mistaken, & from his character I should not hesitate to believe his statements —
I have the honor to be Your Oble. Servt
C. Hackett Derby per R. H. Andrews
J. L. Edwards Esq.
P.S. I regret to advise you of the death of Capt James. His statements as to the Champion & Union are corroborated by Cash & Hambley two very respectable witnesses

Commonwealth of Massachusetts.
Secretary's Office, Aug t . 21 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that Captain Richard James was Commander of an Armed Brig called the Count D'Estaing in 1777 - as appears from divers bills of supplies & receipts bearing his name. Said Brig is supposed to have been a Public Vessel, but there is not on file any Roll of the Men engaged in her. Edward D. Dange. Sec y

Richard D. James
1/40
was
E. H. Derby Boston Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Michael James Woulahan  44 which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes Being the commanding officer & his documentary evidence VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? /c IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes XVI. †Are the papers authenticated as the regulations direct? No XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oath, must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
It would be advisable for Mr. James to produce some documentary proof showing that the Brg's Champion & Union were public armed Vessels - Perhaps E.D. Dany may be able to give this information -

Richard James
charmed clay 16 p's, by J. S. Hylton & original com- mission agent by direction of Col. M. Fairchild.
APR 15
to S. Waldo - Commissioner of Pensions Washington, D. C.

Boston March 17. 1855.
To
John D. Sleeper
Sir,
When in Washington a few days since, - you will recollect I called on you with a letter from Mr. Webster the private Secretary of the President - and a letter to the President - asking for the Papers of Richard James of Essex County Massachusetts - who had preferred a Claim for pension - but he being in State Service, was not allowed - On examining the papers, - you stated you would give me a copy of all and  the  also give me the original commission , - after you had taken a copy for the Department. I yesterday received the copy of all but the commission - but the commission I did not receive nor even a copy - I therefore think it was overlooked - & on calling your attention to it you will no doubt have the original commission forwarded -
I thus Oblige Yours &c Niel Brooks

Boston Oct. 29. 1853
To S. P. Waldo Esq.
Dear Sir,
Yours of the 21 st inst is at hand, for which I am very much obliged, - I feel sorry you could not find the papers of Richard James of Marblehead , - forwarded to entitle him to a pension for services as Captain of the "L'Espey", "Union" & "Massachusetts", all three vessels commissioned by the Board of War of Massachusetts. - The papers I saw at Washington in 1840 - They are about two inches in thickness - I called at the office & asked the question to see them, & the Clerk in less than a minute , put his hand on them, in a case in the room - it was about the middle of the room, & about as high as his head, - or a little higher. He had no trouble in finding them, and showing them to me - I opened & read them, - did them up, & saw him re-turn them to the place. - I do hope you will give orders for a

further examination, as I wish to have a copy of all the papers for a relic of my Grandfather & the expense will be most cheer- fully & promptly met by me. Again thanking you for your kind help & attention, & asking the favor of another examination.
I remain
With much respect
Truly Yours Abiel Brooks 47 Washington St Boston,