Revolutionary War Pension and Bounty Land Warrant Application File R. 100, for John Thomas, Virginia

SERVICE
NUMBER
La Sea Service
Thomas John
A. 100
Unhalf pay.
CONTENTS

24
Letter from Mr. Thomas

Washington City 12 th April 1857
Honble Sir
A man by the name of Pascoe called on me yesterday and in a very ungentlemanly manner stated that he had called at your department, to examine the papers in relation to my Father's half pay case; and that my brother & myself suppressed the fact that my Father had grand children living
In reply I have the honor to inform you that he has been guilty of falsehood and it is what he is capable of doing My brother and myself are the only children, there being no widow here or either of us was entitled to the admini- tration in preference to a grand child if she were of age; or the world! I live here; and all the Society as also

And the money was pay also here also. The department refuses, in all cases to pay to any one except to the executor, or administrator; so the administrator receives the money and it is his business to make distribu- -tion to those lawfully entitled, which My brother and myself intend doing having regard at the same time for our own services, and expenses of the case, and the former distribution of the land warrant; without being asked or driven by a man for his own personal benefit, who has never in any manner spent one dollar or moments labor in the prosecution of the claim. And he is the last man that ought to ever mention his regard for a child that he and his wife have made a servant of, as I have been lately informed, after the condition of the parties ought to

have been revised, What ever the if any thing Gine may be entitled to will never go into his hands, but into hands of a fully qualified Guardian having Correct Ideas of Law & truth
We give a Bond in the penalty of $5000, and we received less than $4000, and I state the property of Mr. Thecker and the other securities are worth at least $15000, I trust that, it takes men of standing to effect me or my brother who must not only affect but prove also at your department, I hope Sir you do me the honor to read this letter and have it filed among the papers in the case In conclusion I have the honor to be your etc etc
Hon John S. Galbraith 3 Auditor
William Thomas

10 th March 1857
Washington County D.C.
I William Thomas do swear that Thomas Thomas and myself are the only children now living of My Father John Thomas late a captain in the Virginia State Navy in the war of the Revolution, That our said Father died in the year 1796, about the first of July as My Mother always informed me, and that we received the land bounty for his services as a captain above the And I am a resident of this city, and that My said brother Thomas Thomas who administered on my said Father's estate in this city lives in Alexandria and that I am surety of his surety in his Bond as such Administrator
Sworn to before me this 10 th March 1857 Washington City D.C. C. A. [unintelligible]

Washington City D.C. I am now a resident of this city but formerly of Virginia and have been acquainted with William Thomas & Thomas Thomas mentioned on the other page and the history of their father late a captain in the Navy in the Revolution, and from my own knowledge of the facts and from reputation fully concur in the statement made by Captain William Thomas Timothy Millburn
Washington City D.C. Sworn to before me this 10 Nov 1857 W. Ashford Jr.

District of Columbia,
Washington County, to wit:
Know all men by these presents, that we Thomas Thomas of Alexandria County State of Virginia, William Thomas, Noble S. Thomas & James Thacker of Washington County, in the District of Columbia, are held and firmly bound unto the United States of America, in the full sum of Five Hundred Dollars, Current money of said States, to be paid, to the said United States, their certain attorney or assigns, to which payment well and truly to be made, we bind ourselves and each of us, our and each of our heirs, executors and administrators, in and for the whole, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 30 th day of January in the year of our Lord one thousand eight hundred and fifty-one.
Whereas, the above bounden Thomas Thomas is about taking out from the Orphan's Court of Washington County, in the District of Columbia, letters of administration Debemus now on the personal estate of John Thomas late of the State of Virginia deceased.
The condition of the above obligation is such, that if the above bounden Thomas Thomas shall well and truly perform the Office of administrator Debemus now of John Thomas late of the State of Virginia deceased, according to law, and shall in all respects discharge the duties of said administrator as aforesaid, without any injury to any person interested in the faithful performance of the said Office, then the above obligation to be void; it is otherwise to be in full force and virtue in law.

Sealed, dated and delivered in the presence of Ed. N. Roach.
Thos. Thomas Seal William his Thomas Seal Robert John Thomas Seal James Hecker Seal
Approved William F. Purcell
District of Columbia; Washington County, to wit:
I certify, that the foregoing is a true copy from the Original filed and recorded in the office of the Register of Wills, for Washington County, aforesaid.
Witness my hand and seal, of office, this 20 th day of March in the year 1837. Ed. N. Roach Ref. Wills

I do hereby certify that Capt. John Thomas enlisted on board the Protector Galley as lieutenant 17 th June 1776 & Novem r . following I resigned, and he was gave the command of s d Galley
Rob t Conway
Richmond, Nov r 9 th 1785
According to my best recollection I do hereby certify that John Thomas resigned his commission of Captain in the Navy of this Commonwealth sometime in the month of June or July in the year 1779 - at which period I was President of the board of war.
Jas Innes
Dep y Capt. Thomas's claim
Cha: Jones Com r
Certif. reced d by John Gordon Copy J. Pendleton
Northerumberland County, V a —
This day personally appeared before me William Lowery and made oath that he personally knows W m Thomas to be the son of Capt. John Thomas, who was Capt. of the Protector Galley of the Virginia line Navy, during the Revolutionary war. And that he the s d Lowery served under the s d Thomas for three years. Given under my hand this 12 th Oct. 1830. Jno BLACKWELL
State of Virginia
Northerumberland County, to wit:
I Matthew B. Cralle deputy Clerk of the court of said County, do hereby certify that John Blackwell Gent. who has subscribed
above is a Justice of the peace Torn from the } unty duly commissioned and original paper. } many of which I have hereunto at my hand and affixed the seal of the said County, this 12 th day of Oct r 1830. M.B. Cralle

Executive Department Richmond Va February 10. 1860.
I hereby certify that the copies on the preceding page are truly made from the original papers filed in this department.
George W. Munford Secy of Com th
Filed by. H O Blanton, Feb'y 11. 1860.

19.100 John Thomas July 3, 1907.
Commander John H. Moore, U. S. N.,
1755 P Street, N. W.,
Washington, D. C.
Sir:
In reply to your personal request of the 28th instant, you are herewith furnished a statement of the naval record of Captain John Thomas as found in the papers in claim Old War Navy No. 100, filed by his heirs.
It is alleged that John Thomas of Northumberland Co., Va., was Second Captain under Captain William Skinner, Commodore John Boucher, on board the "Congress" in March, 1776; was appointed June 17, 1776, Lieutenant under Captain Robert Conway on board the galley "Protector" in the Virginia State Navy, was given command upon Captain Conway's resignation in November, 1776, and duly appointed Captain August 26, 1778; on June 9, 1779, the "Protector" was burned by the British while undergoing repairs at Wicomico Warehouse, on Wicomico river, Northumberland Co., Va., about three miles from Captain Thomas' house, and Captain Thomas and his crew were transferred to the "Dragon;" in 1780 he served as Mate under Captain Blackwell on board the ship "Washington", captured two prizes en route to Lorient, France, one of which was sold in that port— in that port and the other in command of Captain Thomas sailed for the United States and was wrecked on the shoals of Cape Hatteras; subsequently Captain Thomas was appointed to take charge of a quantity of

No. 100:Capt.John Thomas:2
arms in Northumberland Co., Va., which he surrendered to the Virginia Militia at the conclusion of the War.
He died about the first of July, 1796, and in 1851 his allowance of half pay was granted from January 24, 1780, to January 1, 1796 (in lieu of exact date of death), under the Act of July 5, 1832, for the benefit of his only surviving children, William Thomas of the District of Columbia, and Thomas Thomas of Alexandria, Va.
No further data as to family.
Very respectfully,
Commissioner.

1881 May 20 Wm Thomas - stating Military Services & personal history 1917 July 3 - History to Commander John H. Moore U.S.N.C.
NO 100
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3379
History of John Thomas Capt
U.S. Navy Revolution
Discharged _____, 18
6017
W Pay act 32
Received _____, 18
100
Attorney

John D. Pierce Papers copied and sent to W. L. Brent, Esq., Pres. Nov. 21. 1838.
LB 434-vol 3

Commander Geo H Moore U.S.N.
1715 P. St
Washington D.C.

Memorial of the Heirs of Col. John
Shaw of the Virginia State Res. during the war of the Revolution—
January 5, 1847 Referred to the Com. on Revolutionary Claims.
Repr to Com. on Revolutionary Claims.
Is Chapman of Rd. Jany 5. 1847.

No evidence found of resignation of Capt. John Thomas after being after the 10 th day of September 1779. See full statement sent by mail. Auditor's Office March 17 th 1854.
Re Johnston F. Knapp

10 th Jan page 123. hang board evolution May 1779
16 th  3 1 2 - page 123 hang board. 8 shipping a day -
9 th vol. page 83.
. . . . .

Dear Sir,
a revolv. claim of capt. Thomas of the Navy, was referred to you from the 3 d auditor a few days ago - if you have completed your examination I sh d be much obliged by a communication of the result by the bearer to day, as I am obliged to leave town in the morn g . very resp ly . W. O. T. ST.
W. O. T. ST. 18 Augt. 1896.

11
East Muncie appd 26 th Augt 1978

Wednesday the 26th day of August 1778.
This Board doth recommend to his Excellency the Governor and the Honble the Council Lieutenant John Thomas as a proper person to be appointed a Captain in the Navy of this Commonwealth.
The above is truly copied from the Naval Journal. Page 455.
Given under my hand at the Auditors Office Richmond this 11th day of January 1851.
Robt Johnson First Auditor

Send a Receipt for the papers in John Thomas's case to Mr Young clk of the House

9
Lake Munro, Anderss. Carapap.
bet - of poy L 195" 7.8.

THIS IS TO CERTIFY, That it appears from a list in this office of such Officers and Soldiers of the Virginia State Line as settled their accounts and received certificates for the balance of their Full Pay, according to an act of assembly, passed the November session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (see Hening's Statutes at Large, vol. 10, p. 462,) that a settlement was made on the 29 th day of Decem r 1785 in the name of John Thomas as Captain and evidence of the indebtedness of the State to him for £ 195. 7. 8 and was delivered to Mr Gordon but as the original settlements or copies thereof are not to be found in this office, the term of service embraced therein cannot be stated.
Given under my hand at the First Auditor's Office, Richmond, this 11 th day of Jan y 1857.
[No Seal of Office.]
R. Johnston First Aud.

Saturday the 19th day of June 1779.
Ordered that a warrant issue to Captain John Thomas for one hundred pounds on account to purchase necessaries for the use of the Navy.
The above is truly copied from Journals of the Navy Board. page 58.
Given under my hand at the Auditor's Office Richmond this 20th day of January 1851.
W Johnston First Auditor

I hereby certify that the within is the last entry made in the journal, of the Navy Board in relation to Capt John Thomas, which journal continued up to 23 d of June 1779 inclu- sive, and that the said Navy Board by act of their May Session 1779, was directed to be discontinued thereon and after the close of that Session of the General Assembly (See W. Stevens Statutes at large, Page 123).
Given under my hand at the Auditor's Office January 20 th 1851
W Johnston First Auditor

On no careful an examination, as the time would permit, of the books and papers of this office, relating to the Navy; the last notice of the ship Congress, is found in the journal of the Navy Board under date 22 January 1777 - page 160 - the last notice of the Protector is found, same journal, of 15 April 1779 - 2 nd page 15, that such of the rolls of the Dragon as are found show that James Markham was the Captain of that vessel, Captain Callender as appears by the journal of said board, having resigned 15 April 1779 and Captain Markham ordered to take command after the 8. June 1779 - he was in that command on the 7. October 1779; there could be nothing, therefore, in these papers to show a resignation of Captain John Thomas as an officer of one of these vessels after the 10 th Sept 1779 -
To Johnston First Lieut
Naval Office 19 March 1830

Heirs of Capt John Thomas
The Memorial of the Heirs of Capt John Thomas of the Virginia State Army during the Revolutionary war, asking for relief, accompanied by exhibits A. B. C. D. & E.
Dec. 20 1838
Ref to the Committee on Rev. Claims
Jany 4. 1840
Ref under rule to Com te Rev. Claims
Dec 14. 1840 - Ref d to Com te Rev. Claims
Dec r 14 1841
Ref to the Com te on Revolu- tionary Claims
March 8. 1842
Report adverse & printed Rev Claims Thomas for Salaries
Heirs of Capt John Thomas.
January 24, 1836 Referred to the Committee on Revolu- tionary Claims
January 5, 1837 Referred to the Committee on Revolutionary Claims.
Jany 14, 1837 Referred to the Committee on Rev. Claims
Thomas John No 586 Ser 9100
Mr. Thompson

To the Hon. Congress of the United States.
The memorial of William Thomas Thomas and at present of the County of Alexandria in the District of Columbia, represent that they are the only heirs of John Thomas deceased who was a Captain in the Virginia State Navy during the whole Revolutionary war from early in the year 1776 to the close - They state that in June 1776, as is shown by the certificate of Capt. Robert Conway marked A and accompanying this memorial, their father was Capt in said Navy and they show by the depositions of Elizabeth Jones, James Nightingale, & John S. Chesterson and in the record marked B and by the Deposition of Richard Cockburn marked C that this said father served to the close of the said War and if so, they respectfully state that they are entitled to the relief given by the act of Congress of July 5 th 1832, but the same has been refused them by the Commissioner of Revolutionary Pensions for the reason given in his letter of June 2 1838, marked D and accompanying this memo- -e -
If the fact was as stated in the letter of the said Commissioner, your memorialists would not ask for relief, but they deny that fact not positively, and say that no record does show that their father resigned in 1779 - The only record as the Commissioner

calls it, is a certificate of James Innes dated in 1785 in which he says "to my best recollection John Thomas resigned in the month of June or July 1779". The records do not show any resignation or note of it, and what the Commissioner calls " records " is but a certificate from "recollection" not positive of Mr. Innes: See the certificate in same exhibit A first referred to, which is a certified copy from the By centurie of Virginia - It will be seen that Mr. Innes, whose certificate is no record, does not speak of Capt. Thomas' resignation as a thing certain but he only speaks of it to his "best recollection" - It is admitted that, if not contradicted, this certificate of Mr. Innes to the "best of his recollection" would be prima facie evidence of the fact, but his "recollection" being only un- certain and not positive for if he had been certain of the fact, he would have stated it as positively contradicted not only by the evidence produced, but by the record itself, for so far from Capt. Thomas having resigned in June or July 1779 as stated to have been the case from the best of the "recollection" of Mr. Innes it will be seen by referring to Page 3 rd of copy B that Capt. Thomas was in Command and had not resigned upon the 10 September 1779 when he discharged his Boatswain Matthew Nightengale - This shows that the memory of Mr. Innes deceived him in this respect and that he that he spoke alone from imperfect memory and away the force which the Certificate Commissioner placed upon Innes Certificate, shows it to be imperfect and lets in the testimony of the four respectable Witnesses referred to, who establish the fact , beyond a
Thomas, John Va. Sea Ser.

until that Capt. Thomas did serve to the end of the Revolutionary war -
Three of the Witnesses, viz, Nightengale , Shesterson son and Cockeill speak of their own personal knowledge and swear to the direct fact that Capt. Thomas served as Captain to the end of the war . The other Witness swears from the hearsay of old persons now dead who served with him to the end of the war . These witnesses are all of the highest respectability and character and so certified to be, and the Honorable Mr. Salisbury , a member of your body in certifying to Shesterson and Cockeill ; characters does it in these positive terms, first as to Shesterson after saying that for 38 years he had been intimately acquainted with him, says "He knows no man more to be relied on for the truth of any statement he may make " see Page 7 of Exhibit B , and in speaking of Cockeill he says he is "a respectable & credible man entirely to be relied on for the correctness of any statements made by him" - see certificate at bottom of Cockeill's Deposition marked C . It is clear from this highly respectable mass of testimony that Capt. Thomas did serve to the end of the war, there can be no doubt of it and your memorialists appeal to your Hon- orabody to extend to them the relief contemplated by the Law of July 5 th 1832.
Your memorialists further state that in add- ition to the bounty and allowed their father for three years service, they are entitled to receive an additional number of acres for the time he served over that period, and they also ask for a fair quantity their bounty due from June 1776 to the close of the war, deducting therefrom the amount of the bounty already paid.

The quantity of land already received as shown by exhibit C being a letter from Mr. Sedon at the head of the land office of Virginia - They also represent that Your memorialists pray the Honorable body to take their case into consideration and to grant them relief by passing a law for their benefit and as in duty bound they will ever pray etc.
William Thomas Thomas Thomas
by their attorneys Brent & Brent
Your memorialists further show by the affidavit marked A that their father has left in the estate as early as commencement of the year 1776 on board the "Boyd" -

The case of Capt John Thomas, late of State.
He was a Captain the 26 th August 1778.
It is clearly shown that he tendered his resignation in the Summer of 1779. See Col. Jones' certificate.
It is most certain that this resignation was not accepted.
An officer had not the right to resign at will. There must be an acceptance. The acts of Assembly in Virginia contained very stringent & imperative rules on this point - among the penalties imposed, was that of immediate reduction to the ranks, & sent into service as a private. The following summary negates the resignation. 1 st A roll of resigned officers was kept in Richmond. His name is not on that roll. Two copies of that roll are here, & neither is the name of Capt. Thomas.
2 d He was on the Protector Gally doing duty as Captain on the 10 th day of September 1779. He subscribed his name, as Captain. On that day he discharged Matthew Nightingale from service. Virginia recognized that act as one of official duty performed on the 10 th Sept 1779 by Captain John Thomas, and allowed the allowance of land to the claimant upon that official act. Had he been out of office on that day, the heaviest penalties of the Civil & Military law for such acts would have fallen upon him. He would have been obnoxious to legal punishment, & to the ignominious spot he but with have escaped.
3 rd The certificate for disbursement of pay as Captain is an unerring proof that he remained in service to the 9 th Feb 1780. The property of the State Treasury. The Cantine

The State officers in making such settlements, for laid the possibility possibility of a larger payment, than for services rendered, & for what was really due. When this settlement was made. When the certificate was given highlighting all the facts were all before living witnesses, of the services & the truth, and it is impossible, that they can speak a falsehood. I learn from Mr. Vincent that a paper is in your office from Commissioner Barron in which he writes that it sometimes happened for officers of the King in a temporary fit of displeasure to write & send in their resignations, which were of course recd? but not accepted - and such officers (when the fact was known) resumed their duty. Nothing can be clearer, from the written testimony before you, than that John Barron, was a Captain on duty the 10th Febt 1779, and that he recd his dismission certificate for duty & pay to February 1780 - figures cannot err, and here they are.
4th The allowance of Land Bounty for 5338 2/3 acres in 1783 is a further fact, which in my opinion is entitled to great weight - Had he he resigned his post in the Summer of 1779 it seems to me impossible for him to have obtained Land bounty for this quantity.
5th The claim has a solid record foundation & with this basis, it is a matter of fact that the testimony of witnesses be heard. Let it be recorded, I know it

whence a man of respectable- The other articles are vouched for or to credibility by others - as is lets Broadwater. If this evidence be let in & believed, it places the claim beyond all doubt or doubt. And why shall it not be admitted & admitted and believed?
I have a letter from Richmond that the Mary Rolls show nothing of Capt. Thunor's resignation. I have sent for a certificate from the Auditor to that effect.
Washington March 15 th 1857.
J. L. Barrow Counsel for the Thunor Admiral of the Thunor of the Navy of the in the War of Rebellion

The case of Capt John Thomas of the State Navy at Virginia -
The first piece of evidence in point of time is the certificate of Col. Robt. Conway which shews that John Thomas was made a Lieut. in the State Navy on the 17 th of June 1776 and that in Nov r following Conway recognized & the command of the Potomac Fleet was given said Thomas.
The second is the certificate of the Auditor of Virginia who certifies that John Thomas, then Lieutenant was appointed Captain in the Navy of that Commonwealth.
3 rd The certificate of the Auditor that in in the settlement of the accounts of the officers & soldiers of the Virginia State line from the 1 st Jany 1777 to the 31 st Dec r 1781, a settlement was made with John Thomas as Captain and that the State of Virginia was his debtor the sum of £195. 7. 8. This settlement was made the 29 th of December 1785, as the Auditor's certificate testifies.
4 th The deposition of John S. Hesterson (a witness of great respectability) proving from numerous circumstances the service of Capt John Thomas in the Navy to the close of the war - This deposition is so clear & so full that it cannot be well abbreviated. The Hon ble John Talbot also certifies that he knew Mr. Hesterson intimately for 38 years, (in 1838) & that he is "worthy of credit, as any individual whatever" - So does the Magistrate.

This deposition proves the burning of the "Pulaski" by the British the 9 th of June 1779 - and Thomas' subsequent service on the "Dragon". This act will be again referred to.
5 th Is the deposition of Richd. Cockburn proving the service of Capt. Thomas to the close of the war - his credibility also challenged  proven by Mr. Talbot.
6 th The deposition of Capt. Chas. L. Broadwood of Falmouth - whose testimony is founded on a written memorandum made at the time of service.
Several other depositions are filed to the same effect.
To this evidence there is opposed the decision of the Committee of Privileges, made on part only of this proof. And as his letter shows, the claim to back pay was rejected because the records show that Capt. Thomas resigned, and that no other proof is admissible. The facts are not denied or set forth in the deposition, but the claim disallowed because it is not supported by records.
It appears that the only record that shows the resignation of Capt. Thomas is the certificate of James Johnson dated November 9 th 1785; in which he states that "according to the best of his recollection" Capt. Thomas resigned near the year 1779 near the month of June or July.
This record if it can be called one, given six years after the Parliamentary resolution is contradicted by several other records as follows:

1 st The certificate given by Hart Thomas himself on the 10 th day of September 1779, to Mr. Hightower and taken from the old Archives in Richmond proves that on the 10 th Sept r '79, Thomas was then a Captain, discharging Hightower on that day.
2 d The record of the settlement of Thomas at as Captain in the State Navy, and admitting a balance due him at Catlett's in the State line £195. 7. 9. which is $51. \frac{30}{100} $ - now at 40 $ a month from the 26 th day of August 1778. The record date of his appointment as Catlett's W. carry his service into the year 1780 - if nothing else made up that settlement. Then clearly & positively keeping by record "the best recollection" of Mr. Thomas, "that he resigned in June or July 1779". But those certificates comprised only the balance of full pay under the act of Nov r 1781 after deducting what he had already rec d in depreciated paper money. See the act of Nov r 1781.
3 d The allowance of additional Land by Virginia is another record, that binds Virginia and whatever binds Virg a is payable by the United States under the act of 5 th July 1832. Thomas was first allowed 4000 acres of Land & subsequently 1333 \frac{1}{3} acres more - which was all he was entitled to for the war.

4 th last Thomas died in 1798, long before any of these claims were paid & when the obligation to pay them was denied by Virginia
The consequences may well have been that she was deprived of her property if she had any.
And in a case of doubt, we must decide on probativeness and the balance of these two balances are strongly for the claimants. Reason Equity & justice should make the real probativeness decisive for the claimants . Judge Gault in his opinion setting the principles of the decision. If the Court of appeals is pro. authority in support of this position.

Treasury Department Third Auditor's Office Feby 13. 1860.
Sir,
I comply with the request contained in your letter of the 11 th inst. by enclosing all the papers in the case of John Thomas, late a captain in the Virginia State Navy, under the Act of July 5. 1832.
Very Respectfully, Your Ob. Servt. J. Simmons Auditor
Gen. C. Whiting Esq. Commissioner of Pensions

We have accounts of books according to the Act of Session 13 of V a Novr 1781.
1778. August, September & October. 5 for 1. or 20 cents for the dollar. 3 months is $24 November & December 1778 6 for 1. (at 1779. a salary of 40$ - 6 \frac{66}{100} $/a month. 13. 33. Jan y 1779. eight for 1. is 12 1/2 cents to the dollar 5. Feb y 1779. Ten for 1. is 10 cents to the dollar 4 March 1779. the Ten for 1$ — various or above 4 April '79. 16 for 1. is 6 1/4 cents to dollar — 2. 50 May & June '79. 20 for 1. 5 cents to dollar for 2 months 2. 00 July 1779. 21. for 1. 4 3/8 to dollar 1. 92 1/2 Aug h . 279. 22 for 1. 4 1/2 to dollar 1. 80 Sept r 79. 24. for 1. 4 1/8 — 1. 67. Oct r 79. 28. for 1. 3 1/2 1. 40 Nov r 79. 36. — — — — — 1. 17. Dec r 79. 40. 2 1/2 for for one — — — — — 90 Jan y 4779. 42. — — — — — 84.
$ 64: 54 1/3
Ant. per share at 195: 9. 8 is $ 651. 29
$ 715: 83 1/3
at 40$ the month the W h pay for 19. months + 9 days. W h make to 9 th Feb y 1780 If the pay was 8/3 per m a day it makes a difference of 21. 25 which is 15 days pay. & according to the rule, would

Make the day of Capt Thomas's guesthouse served on or about the 25 th or 26 th Jany 1780.
The proof is that Capt Thomas died the in July 1796. is 16 years from then & six months of half pay.

Sir
Walsingham March 19 th 1857
I rec d last night the two certificates you enclosed signed by the Johnstons the auditor in b o . After our interview and understanding of last Thursday, arising in relation to the proposal of a resignation after the 10 th of Feb y 1779 by Capt Thomson. I called the attention of the Auditor's Port- folio to that point for enquiry - I desire to hear his opinion's certificate and the discharge of the date of 10 th Feb y 1779, being an official act by Capt Thomson of that date. And in addition to the general enquiries previously sent, I requested his attention to that particular one. The Auditor's short certificate was returned to be sent by Telegraph - but the lines were out of order and took the full State ment & the brief one came together by mail last night. I shall go to the State's office & show him these papers & know how far they concur with his documents.
Very Respect ly Yrs
J. S. Barrow
James P. Keating - Clerk of Pensions.

A. B
Since reading I have come on Mr. Ellis & he says that there is nothing to mention of the case in his papers - "but they can't view it" to be a good case. J. V. D. Barton

Sir.
Washington March 5 th 1857
I transmit herewith the Report of the Committee of Revolutionary Pensions of the House of Representatives made in the case of Capt John Thomas of the Navy of Virginia, to which is subjoined the order of that House that it be sent for adjustment to the proper under the existing law.
It seems to me very clear that the claim is fully sustained by the proofs that are found in the papers.
The late Atty. Genl. Mr Johnson laid down the Rule in such cases to be this - "That a claim should be rejected by the Examiners because Congress had not in its opinion provided for it, and the claimant be referred to the latter for relief, and going there be referred back to the Examiners by Congress, because in their opinion they had provided for it, by the existing law, and that it should still be disallowed, would in my opinion judgment be a reproach upon the justice of the government, which it is not only in the power but the duty of the Examiners to prevent."
See opinion in the case of C. G. G. March 27 th 1849. In that case the House of Reps passed a resolution directing the claimant to the pension office & so had the Senate at a previous time. Atty. Genl. Clifford gave an elaborate opinion to the contrary and Mr Vashy Massey also rejected it after it was

was then sent back. The claimant went to the House of Reps only & that body as in the case of Genl. Thomas, prop d a resolution directing the Report & papers to be sent to the pension office.
It was then & on the act of the Committee of the House, that Mr. At ty Genl. Schwan, gave the opinion, which was made the rule of your office by Mr. Secretary Ewing's order "for that & all similar cases" or words of like import.
Many years ago Mr. Secy Crawford made a like judgment on the Report only of a Committee of House. And in 1828 in the case of Tarrow & Harris Mr. Secretary Barbour & Mr. Secy Southard made a like decision on the Report of the Committee of Claims, which had not received the action in any wise of the House of Reps. I have no doubt that many other acts of Executive departments of like kind exist in the archives of the Govt. of these I have personal knowledge -
This claimant has been before the Govt. for about fifteen years & it stands in point of priority of time, priority before every case now depending. It will be an act of justice to dispose of it quickly (& of far more too) as I am anxious to return home.
To J. E. Heath Esq. {Very Respectfully Committee of Pensions} J. L. Barbour & Secy of War & John Thomas and off. for Mr. Thomas Adm

14
Pet n of
William Thomas Son of Capt Jas. Thomas
Referred 14 th Jany 1888 to the committee on Re- solutionary Claims
Morton

To the Hon ble The Senate & House of Reps in Gen prep assembled.
The petition of William Thomas son of Capt John Thomas of the State line of Virginia & of the Naval Service respectfully shews:
That his deceased father was only appointed a Lieut t in the State Navy of Virg a in the month of June 1776. and that he was promoted to be a Cap- tain in that Service on the 26 th day of August 1778. and remained as such to the end of the war. That by the act of Assembly passed the day of May 1779 & subse- quent acts of Assembly in Virginia, he the said Capt John Thomas became well entitled to half pay for life from the State of Virginia, which half pay for life was assumed by the U. States, in pursuance of the act of Congress passed the 5 th day of July 1832. That appli- cation was made to the Commission of Pensions for this half pay, which was refused him because as he says in his letter that his claim is contradicted by the records, "which is the only admissible proof in such a case". Your petitioner then appealed to Congress, & his case fell into the hands of the Highland Hall of Vermont, whose hostility to all claims of Virginia he

Came too hot for us to require comment, & whose general  latter was well answered by a subsequent Committee.
Your petition denies the existence of any record to prove his ancestors resignation. He denies that record proof is the only admissible evidence to establish his claim. This rule having long since been reversed by the head of the department, that supervises the pension bureau. The certificate of the president of the board given six years after the putative resignation is in no sense of the word a record. Nor is the proceeding of the board itself a record at any date & especially in July 1779. Because by act of assembly passed in May 1779 the Board itself was abolished at that date. A certificate from a record book not on oath given in 1785 is entitled to as much weight as its inherent merit may commence. But it is entitled to no more. It is contradicted & explained by other parole testimony given under the sanction of a lawful oath by several witnesses of the highest respectability, whose credibility is in proof by evidence of like respectability & who corroborate their own credit by facts clearly known & which facts are entirely inconsistent with the supposed resignation. Mr. Heston explains why it may have happened that he & his wife mistook the temporary retirement of Captain Heston

after the destruction of the Ship Protector in 1779 for a Resignation - It is further contradicted by the payment of £195, 7. 8 Made him "in his Capacity of Captain " from August 1778, which was made by settlement in December 1785, and there is no rate of pay as such, by which a Captain could receive for his pay, 651 \frac{30}{100} £ for nine months service - This certIFICATE by the act of Novr 1781, could only have been for part of his full pay. for the displacement of it. There is a much more extensive reliable record than that referred to, - demonstrating the utter im- possibility of the imputed resignation at the time stated. and no shade of dispute is cast on the integrity of Mr Jones - P t he speaks, inimitably, & as from recollection six years afterwards - Secondly the Mistake into which his recollection is betrayed is later ally accounted for, in the testimony of Mr Keyser whose other testimony swear to other facts clearly & fully within their recollection - In addition to all these, the Archives at Richmond show incontrovertibly that Capt. Keyser was doing duty in September 1779 by a certificate dated & written the 10 th day of that month & year - a copy of which is supplied from the Secre- tary of State for the Commonwealth of Virginia -

All the proofs and documents are in hand - and such relief promised for us may indeed be promised & deposited to your petition and be or in duty bound will ever pray.
William Thomas Esq. Sir A.H. at Law

1778 August 1st to 1st proper payment of 5 for 1. was equal in specie to. 8 24 2/3 Novr & Decr 6 for 1- is a shilling to the dollar. 13. 33 1/3. Jan'y 8 for 1. is 12 1/2 cents to the dollar. 5 Feb'y 10 for 1. Ten cents to the dollar 4 March 10 for 1 to 10 cts to the dollar 4 April 16 to 1. 6 1/4 cts to the dollar 2. 50 May 20 for 1. 5 cts to the dollar 2. June same. 5 cts. dollar 2 July. 21. to 1. to 100 one. 4 3/4 cts to dollar. 1. 92 Aug't 22. to 1. 4 1/2 cts to dollar 1. 87. Sept 24 to 1. is 4 1/8 cts to dollar. 1. 72 Oct 28 to 1. 3 1/2 to dollar. 1. 40 Nov 36 to 1. is 2 3/4 to dollar 1. 20 Dec 40 to 1. -- 1. --
65-94 2/3 651. 30 $ 717 : 24 1/3
£195. 7. 8 $ 651. 30.
at 40¢ the pound is equal to 17 pence & 9. farthings a fraction over.

16 Pension Office James E. Heath Recd March 24/30 Ans
Haeffay case of Capt John Thomas
P st 25. March. 1857.
Mr Kirkpatrick

Pension Office, March 20 th 1851.
I hereby certify that I have examined the claim of the Administratrix of Capt. John Thomas, dec d . for Half pay, under the act of 5 th July 1832, for services in the Virginia State line in the Revolution, and find that the said John Thomas was appointed a Lieutenant in the State Navy of Virginia in June 1776, and was promoted to a Captaincy on the 26 th of August 1778, and continued in service until about the 24 th January 1780, when he retired from the service as a Supernumerary officer, and that he was entitled to Half pay at the rate of two hundred and fifty dollars and ninety three cents, per annum, from the 24 th of January 1780, to the 1 st of January 1796, when he died. The amount is payable to Thomas Thomas, Administratrix of said John Thomas, deceased, under act 5 th July 1832.
H. Heath Commissioner of Pensions.
Approved.
Alex. H. H. Stuart
Secretary of the Interior.

4
Capt. Thomas —
B .
Certified Enlistment of Persian Office

Notes for telegraph to the Auditor's Office in Richmond
To what time do the Rolls of the State Navy show
To what time did the service of Captain William Thomas of the State Navy extend before by the Navy Rolls?
Is there any proof of his service to the 10 Sept 1779 or after — Or any proof of his resignation? —
Look at the Rolls of the "Protector galley" — the "Congress" & the "Dragon" how long did they continue in service & who were their last officers?

(Ridge Branch) Glen innes V a . 14 th June.
Free
Recd. June 21/55
Genl. G. P. Nalder
Comt. of Pension Washington City D.C.

Glenmune Post Office
Buckingham Co Va
May 8 th 1855.
Hon ble Com te of Pensions
Sir
Your letter of the 1 st inst. is to hand, and in reply thereto it seems to me that the position you take in the case of Captain John Thomas a very relative is not sustained by your predecessor in Office. It does appear to me that the executive Office of the government has the power and authority under the old resolve of Congress to liquidate the back pay claims of the Continental Officers of the Army. even. And as the act of the 15 th May 1828 applies only to Comm rs , who are not entitled to pay it does seem even that the Office has precedents for adjusting the character of such a claim as now presented. To sustain my position I would call your attention to the opinion of the atty. Gen l Berrien under date the 16 th June 1830 "headed repayments to Invalids not allowed in certain cases. Taking it for granted that Captain John Thomas belonged to a Virginia Battalion in Continental establishment raised for the defense of the state as well as the United States, I refer you also to the opinion of atty. Gen l Butler under date the 9 th February 1836 an opinion given then to the Hon ble Lewis Cass then Sec y War. I would thank you then to notice my premises and if your opinion is still adhered to give me your reasons therefor for it may be that I am mistaken in the view I have taken.
With great respect
Yr O bed Serv t .
H. B. Tappan

B
I HEREBY certify, that the accompanying pages numbered from one to seven, inclusive, are truly copied from the originals in the Office of the Commissioner of Pensions, Department of War.
J. L. Edwards
Commissioner of Pensions.
BE IT REMEMBERED, That JAMES L. EDWARDS, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this twentieth day of November in the year of our Lord one thousand eight hundred and thirty-eight.
J. P. Smith
Secretary of War.

This is to certify that Mathew Nightingale enlisted with me the 10 th day of September 1778 to serve in the Navy as Boatswain, for the term of three years, which term he served truly and faithfully and is hereby discharged. Given under my hand this 10 th day of September 1779.
Copy.
John Thomas Leapt.
Protector Guller
May 16 th 1784. I do hereby authorise Mr. Sam. Blackwell to receive my Land Warrant as witness my hand. Mathew his X Nightingale. mark
Teste
Sam Blackwell junr.
Edward Downing.
Executive Department July 17 1837
The above is a true copy of a paper filed in the Department J. H. Richardson Secy (om R)

Nov 20.
to J. L. Druant Esq. Commission Pension-office Present
Mr. Thorne, 29 July 32.
Copy

Washington City 18. Novr 1808
My dear Sir
In the month of Aug. last I wrote to you to ob- tain the original papers, if they could be had and if not copies of the papers and evidence, filed by me with you, for the heirs of Capt. John Thomas of the Va Revolutionary Army, asking for relief under the act of July 5. 1802 and which claim you informed me by your letter of 15 June last, was rejected.
I wish to prepare the memorial and accompanying Vouchers for early presentation to Congress - will you do me the favor to let me have the one or the other , as soon as possible? -
Yrs with respect & affection W. L. G. Hunt

Lept. Thomas
E
12
M d Brant sq
Washington City del C

Navy is entitled to a larger number of acres and I should be pleased to receive information on this point also - and also that he ought to have such now for various reasons - with you, please to mark on the proper form, the fees charged and I will promptly remit them. Yours with great respect W. L. G.
dear Sir
Richmond Va
Jan. 12 1858
I put you all the information that my own office con- tained respecting the course of Col. Thomas, of the Navy. He recd 5333 1/3 acres, all that he was entitled to. I paid these letters of yours before the Secretary of the Commr - & you'll perceive, by his indorsement, in that he requires your authority to ask a copy of him. You must write to W. L. G.
Will you be kind enough to ask the Editors of the A. Intellectual to forward to me a Certificate of the publi- cation in their paper, for & since the success of the collected lands of Isaac Hill, of Northumberland, Va. The publication was requested to be made in Decr 1835 W.L.G.

Washington City D.C. 15 Jany 1838
Dear Sir
I received your letter on yesterday ordering the evidence in yr office in the case of Capt. Jas. Thomas of the "Continental Line". It is the evidence in the case of Capt. Jno Thomas of the State Navy , that I want - The fault is my own, in not having been sufficient explicit to you - we wish in particular to have the evidence of the Witness proving the length of time Capt. Thomas of the navy served - This being represented to me that he not only served during three years, but during the war, that is to the close of the war , & that the Depositions proving it are in the office at Richmond - If not in yours, perhaps they may be in some others and if so, it is very desirable to obtain them -
The heirs also state to me that they have received altogether about 5300 acres of Land - It appears to me that a Capt. of the

Paid 11 3/4 Mr. John L. Taylor Land Office Piqua Virginia
11 3/4 Mr. Taylor
If Mr. Brent will establish his authority to receive these copies, as the rules of the Dept. require, they shall be made. The copies, he has already, not being required by him, should be returned here.
W. S. L. End

DISTRICT OF COLUMBIA, WASHINGTON COUNTY, Sc:
THE UNITED STATES OF AMERICA,
TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, GREETING:
Know ye, That whereas John Thomas — late of the State of Virginia _____ deceased, hath died intestate, as it is said, leaving certain goods, chattels, and personal estate, to be administered: NOW KNOW YE, That administration of all and singular the goods, chattels, rights, and credits, of the said John Thomas _____ deceased, is hereby granted and committed unto Thomas Thomas — of the County of Alexandria State of Virginia . and that he has entered into bond with security approved by the said court,
Witness, William F. Duncell esquire, Judge of the Orphan's Court of Washington county aforesaid, this 30 th day of January in the year of our Lord one thousand eight hundred and 67. and of the Independence of the United States the 91 st
TEST:
Ed. N. Peacock
Register of Wills.

I DO SWEAR, that , that I will well and truly administer the goods, chattels, and personal estate of John Thomas deceased, to the best of my knowledge, according to law, and will give a just account of my administration when thereto I shall be lawfully called. So help me God.
Thos Thomas
Sworn to in open court
(Sub: Ed. N. Roach Reg. Probate)

May 19 1845
[Stylized signature: L. Edwards]
L. Edwards Esq. Commencement of Russian Washington City
Mark Thomas half pay

Richmond Va 17th of May 1825
Sir
Yours of the 14th is recd in which you advert to yours of the 18th Febry last (which happens to be now before me) In that you say "I am aware that Charles Thomas became a Superannuary Officer in June 1786 but there is no evidence to show that he had not some other Post then. If the evidence at Richmond will certify that there is no evidence in his office of that Thomas recd after that time such a certificate will be sufficient it is always required when there is any doubt on the subject. It appears that when Scott was appointed Administrator of Thomas in 1836 and that no one has been appointed since but it is not shown that Scott is still authorized to act under letters granted in 1836. If he has claimed his accounts as administrator then he is not authorized to act. Such is in that letter to which you refer, you may wish it and for ought that is an investigation of the official conduct of a public officer who is in fact and law a Judge or Chancellor to decide between the party and his executors but who sits as the Judge in the special pleader and to day adroitly and perhaps a case then tomorrow a case possibly similar in every point since he is rejected and his books at risk. I write this without asking permission as I have but Sir I now beg you to certify that such a state of things cannot exist you Sir are not a mere the look or an apportionment and that your so humble testimony prevent facts stubborn facts of the improper manner Thomas and Scott's conduct of a public officer for the last four years and during other time no evidence of any from that officer but has been produced and filed to confirm him with. I am sure to prof. S. Smith through life and since have not in your office for two years not otherwise to submit to be inserted in your office which I have been twice by you but Sir I have lost many of my rights - You Sir have also a copy of your letter dated 17th of Febry last you Sir have only to look to your files to see the opinion of the Secretary of War of the 14th Janry 1825 in the Robert Lee and your letters in Henry D. Doyne, James Montgomery, Richard Harrison and Abraham Heston Esq. and then it is left with you to act as you please to see that these have been paid within the period of three months is now submitted to you for the last time. After this other steps will be taken on the subject of administration when Scott is advised until he is appointed assigned or removed this I presume you will know but if not it is your business to communicate the attorney general as to the release of securities before the 1st section of the act of the Legislature of 5th of March 1826 entitled an act for the relief of certain persons who have been security after ten years then a right of return return accrued

Then an adverb has had efforts two years and has not been cause- spread to settle as pay of some the security is released as to any liability for such efforts but in security the same as what and any further losses collected this same rule of two years from the time of the last an such sum is allowed before he would be exonerated - but to settle this question I think I doubt her yet have done more years I think this is the last I am to hear of this case other than of its allowance as I am in my mouth if it can eventually be paid
Yours &c Henry Clay Hunter

Washington City D.C.
8 th April 1838
Dear Sir
I left with you about a week ago the deposition of a gentleman of great respectability & character and considered by the Hon. Mr. Taliaferro of Virginia, proving the fact that Capt. Huns of the Navy (V a state) served to the close of the war in that capacity . The only doubt as to his services to the close of the war, arose upon the statement of Mr. Jones that to the best of his recollection "he resigned in July June or July 1776". This he is not positive off, and Mr. Theterson of Plains knew he fell into that error. I now enclose you a discharge given by Capt. Thomas when to Matthew Nightingale, dated two or three months , after the time, it was supposed

he had resigned, which then Mr Jones recollection as to his resignation (and he says it is only recollection) was incorrect. This certificate is dated upon 10 th Sept. 1779, and then he yet in command. The facts are as stated by Mr Ches- terton, but after the Protection Galaxy was burned in June 1779, he went on board of the Dragon and his son in the course of that autumn or in a short time afterwards - This certificate , official as it is contradicts the imperfect recollection of Mr Jones and lets in the testimony of Mr Chesterton and cannot be otherwise, than entitle his heirs to receive the money coming to him for services as Capt. of the Dragon during the whole war -
I ask your attention to this claim, as soon as the progress of your business will permit
Yrs with great respect
John Adams

Portsmouth 8 th Jas Murdaugh Recd March 26/52 Ans same day
Requests a copy of the certificate of allowance the half pay case of Capt Geo Thomas
Mr Mathews

Portsmouth Va March 24 th 1852
John S. Gallagher Esq
Dear Sir
Will you be pleased to send me by return mail, the copy of the Certificate of allowance of Half Pay to the Representative of Capt John Thomas of the Virginia State Navy - which I understand was allowed probably the last year
I want this for a particular purpose, which it is unnecessary here to state, but will do so when I see you which I hope will not be long first. Attend to this immediately for me and you will confer a great favor.
Yours Respectfully
James M c Donald

Washington Mar 17/51 Hon J S Barbour Se Sir
Dr. Sir,
In answer to yr enquiring, I have to say, that I have a list of the Resigned officers of the Va. State Navy, copied from the lists at Richmond, that the name of John Thomas, capt, is not on said list. I have furnished Mr Heath, at his request, with a copy of said list, which is recognized as official, (I mean the original one) and as such respected.
my respectfully your obedt servant Paspasim Ellis
I have also a list which I have made as perfect as I could and the name of John Thomas does not appear on it. — Francis A. Dickinson. 17 March 1851.

Pension Office. March 20. 1857.
I hereby certify that I have examined the claim of the Administrator of Capt: John Thomas, dec d , for Half pay under the Act of 5 th July 1832, for services in the Virginia State line, in the Revolution, and find that the said John Thomas was appointed a Lieutenant in the State Navy of Virginia in June 1776, & was promoted to a Captaincy on the 26 August 1778, & continued in service until about the 24 th January 1780, when he retired from the service as a Supernumerary Officer, & that he was entitled to Half pay, at the rate of Two Hundred & fifty three dollars and Ninety three cents per annum from 24 th January 1780, to 1 st January 1796, when he died. The amount is payable to Thomas Thomas Administrator of said John Thomas dec d under Act 5 th July 1832,
H. H. [unintelligible]

6/21/1842
D
D
J L Edwards Pension Office
William L. Brent, Esq. Attorney at Law, Present
D

D
War Department
Pension Office
June 15 1838.
Sir,
The papers presented by you in the case of John Thomas, deceased, who was a Captain in the Virginia State Navy during the Revolutionary War, have been examined and placed on our files.
The act of July 5. 1832, under which this claim is presented, provides for the heirs of no Officer who did not serve to the end of the war, or became supernumerary. Capt. Thomas resigned in 1779. The claim has therefore been rejected.
The evidence contained in the papers lodged here by you cannot be admitted, because it is contradicted by the records, which is the only admissible proof in such a case.
I am, respectfully your Obt. Servt.
J. L. Edwards
William L. Brent, Esq. Attorney at Law Present.

Pension Office,
June 21. 1855.
Sir,
In reply to your letter of the 8 th ultimo, I can only say that the question whether a Continental officer is entitled by any existing law to any allowance other than such as is granted by the pension laws, is not an open one. Innumerable applications of the kind you have presented, have been rejected by this office, and not one has ever been allowed by my "predecessor" or any other officer of any Executive Department of the General Government. Capt. John Thomas, was a pensioner under act of May 18, 1828, and if it is desired to apply for an increase of his pension under that act, it appears he has received all he was entitled to under any of the acts of Congress granting pensions. The only act, allowing half-pay to revolutionary officers, which now is executed, by any is that of July 5, 1832, and the provision, of which  are expressly confine its benefits to officers thereof of the Virginia State Troops, the battalions constituting which are  expressly particularly named in the act, and of course all others are excluded. Captain Thomas never belonged to any of these battalions, and

hence he was not entitled to the benefits of said act. An attempt was made at the last session of Congress get through Congress a bill making provision for the establishment  establishment of  of  such  cases  as  the present, but it failed.
Very respectfully J. C.
N. B. Tapscott, Esq. Glenmore Post Office Buckingham Co Va.

Sir.
March 13 th 1857.
It is now ten o'clock P. M. and I have no dispatch from Richmond. The papers show "that the lines for telegraphs to that place are out of order" & have been so expected. I ask your decision as the papers presented.
The certificate of Capt. Swan, is the evidence of the Resignation, which is made & accepted by the President of the Board the claim. There can be no doubt as a resignation until accepted. It is immaterial what is the evidence. The certificate of Swan shows that Capt. Swan resigned in June or July 1779.
Now other papers prove this to be impossible. Had he resigned then he w d not have been long enough in service to claim Land bounty. Yet in 1783 he did get Land bounty. Then all these were fresh in the memory of the then holding public office.
2? It is shown by an authentic paper that on the 10 th Sept 1779, Capt. Swan was acting as Captain of the Row when he discharged Brightwell - and he subsequently his name as Captain. Here is an act in office, recognized or done by the public authorities & his own signature or an officer.
3? Here is the certificate of his dismission

Which by the State fixed in in the act of Nov 2980 prove him to have been paid for service to the middle of Feb 1980.
These Records are as strong or stronger than any that can be produced. They are conclusive as to the fact of service long over the national dispute.
It is The evidence of witnesses prove his service to a later date. and the character of the witnesses shown to be unquestioned, & their evidence unimpeachable.
I am obliged to leave the City & ask a decision With all Respect
J. S. Barbour
RH o . for the claimant
James E. Heath Esq Counsel of Record.

Capt. J. M. Thomas
Elizabeth Jones Sylvester
W. B. Hunt

Washington County District of Columbia
Upon this 15 May 1888, before me a justice of the Peace of the County aforesaid, personally appears Elizabeth Jones aged about seventy six years a competent witness and from general reputation and character entitled to full credit in her statements, I as I have been informed, and makes oath that she did not know Capt. John Thomas of the Virginia Navy until after the close of the Revolutionary war, when this Deponent went to reside in Northumberland County Virginia, where said Thomas lived, that she became well acquainted with him then, which was not long after the war and from what she heard all say about him and from what she learned by his conversation with others and what others then said who knew him during the war she always understood that he served as Captain in the Navy until the close and end of the war. That she has no doubt of the fact in her own mind. That all the old persons of that day who could recollect the circumstances, and who she heard speak of them are now dead so far as this Deponent knows, except John S. Chesterson. That this Deponent's mind and memory are both very good and that she has no interest directly or indirectly in the claim of the heirs of Capt. Thomas —
Elizabeth J. Jones mark
Sworn and mark affixed before me the day and year above written
W. Thompson J. Peace

Washington County
District of Columbia, to wit
Upon this 7 th day of June 1838 before me a justice of the Peace of the County of Fauquier appears Richard Cockranell of Northumberland County Virginia a competent and credible Witness makes oath that he was well acquainted with Capt. John Thomas of the Virginia Navy from the time he left the service in the Revolution until his death - That he recollects him well towards the close of the Revolution when he was a Captain in the Navy and that he is positive of his own knowledge that he served as Captain to the close of the Revolution, that all his neighbors and friends often spoke of him and his services to the close of the war and that he remembers him at the close of the war and after peace produced in full uniform as a Capt. of the Navy and is astonished to hear that it is doubted that Defendant was a lad at the time and it made a deep impression on him, that he was about twelve years old when he first recollected him as an officer - lived his neighbor to his death and that he has no doubt

Whatsoever in the claim of his heirs in any name or form - Richd. Cockenill -
Sworn & subscribed before me this 7 th day June 1838.
A. H. Morsell J.P.
Washington 9 th of June 1838 -
The undersigned has known Mr. Richard Cockenill, whose name is subscribed to the foregoing Affidavit, many years, and he knows him to be a respectable & creditable man ; entirely to be relied on for the correctness of any statements made by him -
John Taliaferro M.C.
Mr. Taliaferro is the Print master of Congress from the District where Mr. Cockenill resides
8 b
b

Capt. Thomas's papers
Night lights Eng.
Wm Brewster

county of Alexandria
District of Columbia, to wit
Before this 10 th day of May 1838 before me a justice of the peace of said county, personally appeared James — Nighthale, aged about sixty one years, a competent and credible witness whose full faith in all he states and saith that he was born in the County of Northumberland in the state of Virginia, and that he is the only son of Matthew Nighthale deceased, who served as boat- swain under Capt. John Thompson of the Virginia State Navy during the Revolutionary war, and who was discharged by the said Capt. Thompson at the date of the discharge, a copy of which he understands is filed in the Pension office by in the name of Capt. John Thompson; he also said that he has always understood from his father as well as others that the said Capt. John Thompson served in the Navy to the close of the war and was a valuable and efficient officer. That he well recollects Capt. Thompson from his earliest days being a neighbor to him and he being often together with his father at each other's houses, that he often heard his father and Capt. Thompson talking together of Capt. Thompson's services during the Revolution and to the close of the war and declaration of Peace. That these conversations and his speaking of his services made a deep impression upon the young mind of this

Defendant, who listened to the with pleasure - But his Defendant was too young to recollect the previous days of the close of the war, but from what he heard and understood from others of those days and in the family of his father, he has no doubt but Capt. Hays did come to the close of the revolutionary war.
Geo. Wise
District of Columbia } Alexandria County } ss
I Edmund Iles clerk of the Circuit Court of the District of Columbia, for Alexandria County do hereby certify that George Wise, before whom the forego- ing affidavit appears to have been made, was at the day of the date thereof a Justice of the peace for said County, duly commissioned and sworn.
In witness whereof I have set my hand, and the seal of the said Court this 10 th day of May 1838.
Edm: Iles cc

Washington County,
District of Columbia, to wit
upon this 2 nd day of April 1828 before me a justice of the Peace for the County aforesaid appeared John S. Westerman, a competent Witness not aged about Seventy or more years and makes oath, that he is a resident of Northumberland County Virginia, where he was born and has resided ever since and that he was well and intimately acquainted with the late Capt. John Thomas of the Virginia State Navy during the revolution that he resided from one to two miles from him and knew him and his family well. That he knows said Thomas when he was a Captain on board the "Conestoga," the "Protector Galley" and the "Dragon" and other Vessels in the private service and to his knowledge he remained in the public service from the time he first entered the navy until the close of the Revolutionary war and some months after the close, when he was appointed to take charge of the state navy in Northumberland. That the said Capt. Thomas's wife resided at his place near to this Department and about three miles from the Washington, where his Vessel generally laid when he came to visit his wife and that during the whole war and to its close, he often saw him on visits to his family, that he frequently came every two or four weeks as circumstances would allow and at no time was he more than four or six months absent from visiting his wife and that this Department is certain and positive without any mistake in the fact of his being in the service aforesaid as Captain during the whole Revolutionary war and until its close and peace was made - He is as certain of it as if he had been by his side during every moment of the time and cannot conceive how any doubt about it could have been expressed - This Department has seen the statement made by John Jones President of the board of war, in which

He says "to the best of my recollection John Thomas resigned his Commission of Captain in the Navy of this Commonwealth in the month of June or July 1779". This statement was erroneous and not so. It is not stated to be positively so, but only "to the best of his recollection" and he fell into the error in this way — Upon the 9 th day of June 1779, the "Protector" was burned in Wicwasic River by the British and Capt. Thomas and his men were transferred to the "Dra- :gon" on which Deponent saw him often afterwards as well as on board of other vessels, until the close of the war. The impression as to resignation in June or July 1779 must have arisen alone from the circumstance of his vessel the "Protector" being burned — This Deponent states that he saw the "Protector" on fire on the day mentioned and it happened in this way. Capt. Thomas "drove her out" to repair, and the British attacked her in that situation, when her guns could not be used. Capt. Thomas and his men resisted gallantly with musketry, but were driven off by the cannon of the British and under cover of their cannon they burnt the "Protector" — This Deponent says he thinks not from what he heard others say, but from what he knows himself and saw with his own eyes , and he so speaks in every statement made by him in this deposition — This Deponent says that the statements made by him are as fresh in his memory as if they had occurred on yesterday and that no man's memory is better or more faithful than his at this time and that his mind feels as vigorous as it ever did and his bodily health fine and robust.
This Deponent says that Capt. Thomas died in 1796 and was much attached to Military life to the day of his death and dwelt with great enthusiasm and pride upon his services during

the resolution - This Deponent again repeats, that Capt. Thomas served in the Virginia Continental State Army, on both sides from the time he entered it until the close and end of the war and was among the last who returned after the war and then was in the public line as before stated and in one way or the other until the day of his death, and if some officer did some during the whole war and to its close and after, it was Capt. John Thomas, who did it to the knowledge and personal eye observation of this Deponent, and if the old men of those days were living hundreds could testify it, but unfortunately all are dead who could have done things, or are bound to have done things unknown to this Deponent and this Deponent now stands alone of all the acquaintances of Capt. Thomas, that he knows of -
This Deponent says he is neither directly or indirectly interested in the claim of Capt. Thomas heirs and cares not one cent whether they get it or not, more than he thinks the heirs of so gallant an officer who fought for his country during the whole revolutionary war to share the same justice done them, as has been shown to others -
William Lawrence and Abraham  Abraham who testified as this Deponent is informed in the claim some years ago, could have proven the true facts if otherwise to that effect as they served under Capt. Thomas a part of the time, and saw him in service during the war and to its close, but this Deponent has heard they are both now dead.
It is further certified by me that the aforesaid justice of the Peace of the County aforesaid, that from reputation this Deponent has an excellent character for truth and that his statements are entitled to the fullest credit -

This Deponent further states, that he still is a resident of Northumberland County Virginia and that this deposition being given where it is taken, because from his been on a visit to this place and in consequence of his information the loss of said Thomas which he personally knew of the services of their later. This deponent further states, that both these were his full and complete copy of the story during his whole service and to the close of the war and that he has been always to day.
John S. Vesterson
from and subscribed to before me
This Deponent further states that Capt. Thomas did not resign his commission in 1799. He is positive of it. That he this Deponent saw his commission in his possession and read it after the war and that he was as Captain during the war - The statement that he resigned is not so - This Deponent speaks positively
John S. Vesterson
from and subscribed to before me
Geo. Bagley V.P.
Washington City 2 nd of April 1838 - to wit
I certify that I have known John S. Vesterson, about thirty eight years last past, intimately. And I know him to be as worthy of credit for any statements made by him as any individual whatever - given under my hand. The date above
John Taliaferro - M.C.

The Committee on Revolutionary Pensions to whom was referred the petition of William Thomas son of Capt. John Thomas deceased respectfully
Report
The petitioner represents that his father the said John Thomas deceased was in the month of June 1776 appointed a Lieutenant in the navy of the State of Virginia; and was after- wards to wit. on the 26 th day of August 1778 promoted to the office of Captain in which grade, he continued in the service in the war of the Revolution to the close thereof; that he thereby became entitled by the laws of the State of Virginia to half pay during life to commence from the determination of his command or service that he deceased in the year 1796 with- out ever having received any part of said half pay; that by the act of Congress approved the 5 th day of July 1832 the United States assumed the payment of the claims of the officers of the Army and navy of the State of Virginia who were entitled by its laws to half pay for life and that the claim of the said Captain Thomas has never been paid but is now justly due to the petitioner as the legal representative of the said Capt. Thomas from the United States, by virtue of the aforesaid laws.
The general assembly of the common wealth of Virginia, at its session in May 1779 passed an act among other things providing as follows to wit: "All general officers of the of the army being citizens of the common wealth and all field officers, captains and subalterns commanding or who shall com- mand in the battalions of the Commonwealth

on the continental establishment or serving in the battalions raised for the immediate defence of this state or for the defence of the United States; and all chaplains, physicians, surgeons, and surgeons' mates, appointed to said battalions, or any of them being citizens of this commonwealth and not being in the service of Georgia or of any other state provided Congress do not make some tantamount provision for them who shall serve henceforward or from the time of their being commissioned until the end of the war, and all such officers who have or shall become supernumerary on the reduction of said battalions, and shall again enter into the said service if required so to do in the same or any higher rank and continue therein until the end of the war shall be entitled to half pay during life to commence from the determination of their command or service" vide Hennings Statutes at Large Vol 10 page 25.
By a subsequent act of the general assembly passed May Session 1780 it was further provided that the Captains, together with the Subalterns and all other commissioned officers in the service of the Navy of said Commonwealth the master, surgeon and surgeon's mate shall be entitled to the same pay and rations, the same privileges and emoluments and rank in the same degree with officers of the like rank belonging to regiments heretofore raised for the internal defence of the State Vide Hennings Statutes at Large Vol 10 page 288.
It is believed that the General Assembly of the State of Virginia intended, by this last act to place her naval officers upon the same basis as her army

officers, and to allow such of them as complied with the conditions, by serving to the end of the war or becoming supernumerary by any act of the Commonwealth half pay during their lives. If any doubt could be entertained upon this point, that would be removed by the decisions of the courts in said State, in various cases, and particularly in the case of Lilly decided by the Court of Appeals in the year 1830. Lilly was a captain in the Virginia Navy in 1776 served to the end of the war therein and died 1798. By a process peculiar to the State of Virginia, her citizens were permitted to prosecute their claims against her in the courts of that State. The claim of the representatives of Lilly for half of his monthly pay during life came before the Court of Appeals under this process and the Court decided that the claimants were entitled to their demand upon the ground that the naval officers were equally entitled with the officers of the army to their emoluments. Subsequent to this decision and with a full knowledge of the fact Congress passed the act of July 5 1832, which, among other things provides for the payment by the United States of the amount of the judgments which had been obtained, and which were then unsatisfied, in favor of the officers, or their legal representatives who had served in the navy of Virginia during the war of the revolution; clearly embracing the case of Lilly decided by the Court of Appeals about two years before the passage of said act. The evidence in this case satisfactorily proves that John Thomas was a lieutenant in the Virginia navy and was promoted to the office of Captain on the 26 th day of August

1778 and that he deceased in the year 1796 without ever having obtained any half pay or other pension from the State of Virginia or the United States. His legal representatives have presented this claim to the Commission of Pensions under the act of July 5 1832 and the same was refused by him on the ground that Captain Thomas did not serve to the end of the war, but resigned in the year 1779. A petition has also heretofore been preferred to Congress for relief in this case but was rejected against by the Committee to whom it was referred for the same reason. The only evidence relied upon in each of these cases was a certified copy of a certificate made by James Innes under date of Nov 9 1785. which is in the words and figures following to wit:
"According to my best recollection I do hereby certify that John Thomas resigned his Commission of Captain in the Navy of the Commonwealth sometime in the months of June or July in the year 1779 at which time I was President of the Board of War."
It will be perceived that this certificate is dated more than five years after the time when the event is said to have happened about which it speaks; and that its weight depends entirely upon the correctness of the recollection of Mr Innes. That Capt Thomas could not have resigned, if at all, at the time mentioned by Mr Innes is apparent from the following items of evidence filed in this case.
First a copy of the discharge of one Mathew Nightingale dated the 10 th day of September 1779 and signed by John Thomas Captain certified from the records of the Executive department etc.

the state of Virginia  Second a copy of an order that a warrant issue to Capt John Thomas for one hundred pounds on account to purchase necessaries for the use of the navy probably the Navy Board on the 19 th day of June 1799 certified from record by the First Auditor of the State of Virginia  Third a like certified copy of a settlement made on the 29 th day of December 1785 in the name of John Thomas as Captain, at which time the indebtedness of said State to him was found to be one hundred ninety five pounds seven shillings and eight pence, a sum that would very much exceed his whole pay from the date of his appointment to the time of his pretended resignation.  Fourth The deposition of John S Kesterson whose credibility is duly verified, that he knew Capt John Thomas, in the revolutionary war and that he served therein as Captain in the Virginia navy to the close thereof that he often saw him in said service; that he first commanded the Providence Gally which was destroyed by fire on the 9 th day of June 1779 after which he was transferred to the command of the Dragon in which he remained to the close of the war. Also the depositions of Richard Cockerell Charles L Broadwater and others all corroborating the statements of John S Kesterson and tending to prove a service to the end of the war  Fifth The fact that Captain Thomas received from the State of Virginia land to the amount of five thousand three hundred and thirty three and one third acres, the whole amount to which any captain of the navy serving to the end of the war would have been entitled  This evidence satisfies the Committee that

Captain Thomas, could not have resigned in the month of June or July 1779 and that he might have continued in service to the close of the war. But the Committee find that a portion of this evidence and a part of that which they deem material was not before the Commission of Pensions or considered by him when he had this claim under consideration. If the facts are as claimed by the petitioner his case is provided for by the act of July 5, 1832 and should be settled by the proper department which should first decide upon the weight of the evidence filed in the case and inasmuch as this has not been done in this instance the Committee forbear any expression of an opinion thereon except this, that in their judgment, it does not when taken together prove that Capt. Thomas resigned his command in June or July 1779. In this view of the case the Committee would not recommend any further legislation at this time but would ask to be discharged from the further consideration of this subject and recommend that the petitioner have leave to withdraw his petition and papers from the files of the House to be used by him in the adjustment of his claim before the proper department.
Office House of Representatives March 31 1857
I hereby certify that the foregoing is a true copy of the original report now on file in this office; which report was laid upon the table and ordered to be printed. and that on motion of Mr Waldo leave was granted to withdraw the papers in the case of the

legal representatives of Capt John Thomas for purpose of reference to one of the Departments
Richard M Young Clerk of the House of Reps. U.S.

I John S Hesterson of the County of Northum- berland in the state of Virginia do hereby certify that John Thomas of the County afore- said, was sometime before or about the year 1777 appointed to the command as captain of a New Galley in the naval service of the state of Virginia — That the said Galley was captured and burned on the 7th of Ju- ly 1778 at Wicomico Ware house in the Coun- ty of Northumberland; after which the said Thomas with the men under his command were transferred to Ship Dragon of the Virginia Navy — That after remaining a short time on the Dragon, capt Thomas returned to Northumberland County and was put on board the ship Washington, com- manded by capt Blackwell at that time, on which De Thomas acted as mate, which ship was sent out by order of the government in the year 1780, for L'Orient in France — That on the voyage the said ship captured two prizes, a sloop and brig, belonging to the British — that the De prizes were taken into the port to which the De ship was des- tined, and the sloop sold — Capt Thomas was put in command of the captured Brig for the purpose of bringing her over to the United States — That on his passage to the United states, the said Brig was wrecked on the shoals of Cape Hatteras — That capt Thomas was then ordered to take charge of a quantity of arms which had been deposited at the house of Thomas Batts' in Northumberland County Virginia — That he continued in the possess- ion of the said arms, until the conclusion of the war, and then delivered them to the militia of Virginia — This deponent states the fact distinctly, that captain Thomas con- tinued in the service till the conclusion of the war —
John S Hesterson

State of Virginia. Northumberland County To wit John S. Hesterson who has signed the foregoing cer- tificate, personally appeared before me the sub- scriber, a justice of the peace in and for the county aforesaid, and made oath that the said certificate contains the truth to the best of his knowledge - I furthermore certify the said witness to be a man of good character and that his statements are entitled to cred- it - Given under my hand this 31 st day of January - 1834 -
W m Harding
Mr. William Harding who has subscribed the foregoing is personally known to me. He was when I left the A. Creek in Nov. last a magistrate in Accomack and I believe is so now. all credit is to be given to his statements. Febry 21 st 1834 J. W. Chinn
House of Reps. Va

Mr. Grant
Can
cut
cut a pattern
to make a
pattern for a dress

Washington County
District of Columbia, to wit
Be it remembered that upon this 30 th day of March 1838, before me a notice of the Peace for the County aforesaid personally appears John S. Westerson of St. Matthews, said County Virginia aged about Seventy two years a competent Witness and from character given to me by others highly credible in all his statements and makes oath upon the Holy Gospel of Almighty God that his memory and recollection is very good and strong and that he never knew a person who had a better and that he remembers before the Revolution began. That he was born and lived all his life in the said County of Northumberland and was well acquainted with Capt. John Thomas of the Virginia State Navy on the continental establishment during the Revolution who lived in said County previous to the Revolution where he knew him and where he died; That this Deponent was his neighbour not residing more than from one to two miles from him until his death; That this Deponent well recollects him when he commanded the "Protector" Galley in 1776 as a Captain of the Navy and knew him when he was in the "Dragon" and other Vessels during the whole war and until its close; that during the whole war until its end he was often at his home to visit his wife and family and when he did so he left his ship or vessel about three miles from where he lived. That sometimes he would be at home for a night every two, four or six weeks and then, when on distant service every four or five months, but that this Deponent saw him and knew him as Capt. of the Navy in actual service on board of one vessel or the other during the whole war and until the close of the war and until some months after the war closed and Peace was made and then he was employed in the Public Service to take charge of the arms &c.

That this Deponent cannot conceive how any doubt could possibly exist as to his services to the close of the war, that during the whole time it was a fact of great notoriety and this Deponent from his position and neighbourhood, residence and knowledge of him and his family, is as positive of the fact of his services from the time he first entered the service as Captain of the Navy to the close of the war and some time after, as if he had been constantly with him in the service. He could not have known the fact better. That this Deponent's memory is as fresh and certain as to the services of Capt. Thomas as if to the close of the Revolutionary war, as if it had occurred only upon yesterday. That he knew all his family well and intimately. That Capt. Thomas was much of a military man to the day of his death and fond of every thing connected with a military life. This Deponent further saith that the whole time of said Capt. Thomas, during his said services was devoted to his naval services for his Country without intermission and he was a devoted Patriot and had the cause of his Country much at heart and did not leave that cause until after it was gained.
This Deponent further states that Capt. Thomas died in 1796 in Northumberland aforesaid and to the day of his death dwelled with enthusiasm upon the result of the Revolution, in which he had taken so warm and active part. That this Deponent is the only old person now living in Northumberland County, knowing to the above facts, all having died or removed to places unknown to this Deponent. This Deponent repeats that he is certain and positive, from his own knowledge and from what he saw with his own eyes, that Capt. John Thomas of the Navy aforesaid, did love faithfully and truly his Country, in that capacity to the close of the Revolutionary war. That this

Deponent has no interest directly or indirectly in the claim of the heirs of Capt. John Thomas, nor does he considers himself connected with them in any manner or form in interest or relationships, except so far as that their mother may have been about fourth Cousin to this Deponent, which he regards as nothing -
words "was in" interlined above erasure and "erasure" in last Page and interlineation "is" made before execution
John J. Resterson
Sworn and subscribed to before me as aforesaid
D. A. Hall J. P.
Washington 30 March 1838.
This Deponent further states that on the 9 th of June in 1779, the "Protector" Gally was burned in Wicomico River Virginia, within three miles of Capt. Thomas' House, and this Deponent saw the fire, after that Capt. Thomas and his men were transferred to the "Dragon" and was on board of her and other vessels until the close of the war - when the "Protector" was burned she was hauled up the "Hore out" to repair and could not sail for years; The British attacked her in that situation and burned her - Capt. Thomas & his men resisted them gallantly with musketry, but could do nothing against their cannon - This circumstance is probably the reason why it was supposed by the Government, he served only three years - as this vessel burnt, perhaps no record of the exchange was kept -
John J. Resterson
Sworn to before me as above D. A. Hall.

Washington City, 30 th of March 1858 - The undersigned has been intimately acquainted with Mr John T. Kirtland, who has given & subscribed the two Affidavits on this paper, about thirty eight years, last past, & he knows no man more to be relied on for the truth of any state- ments he may make -
John Taliaferro

I do hereby certify that Capt. John Thomas enlisted on board the Protector Galley as lieu- tenant 17 th June 1776 & Novem r following I resigned, and he was gave the command of s d Galley.
Rob t Conway
Richmond Nov. 9 th 1785.
According to my best recollection I do hereby certify that John Thomas resigned his commission of Captain in the navy of this commonwealth sometime in the month of June or July in the year 1779 - at which period I was President of the board of war.
Copy of Capt. Thomas's Claim - Cha. Jones Com r Copy J Pendleton Certif. rec d by John Worden
Executive Department Richmond V a Jany 11. 1857.
I hereby certify that the foregoing is a true copy of a paper filed in this department
W m H Richardson Secy Com r

Washington County, District of Columbia,
Upon this 13 th May 1838, be- fore me a justice of the Peace of the county a- foresaid, personally appear Elizabeth Jones aged about seventy six years a competent witness, and from general reputation and character entitled to full credit in her statements, as I have been informed, and makes oath that she did not know Capt. John Thomas of the Vir- ginia Navy, until after the close of the revo- lutionary War, when this Deponent went to reside in Northumberland County, Virginia, where said Thomas lived, that she became well acquainted with him then, which was not long after the war, and from what she heard all say about him, and from what she learned from his conversation with others , and what others then said who knew him during the war , she always understood that he served as captain in the Navy until the close and end of the war . That she has no doubt of the fact in her own mind . That all the old persons of that day who could recollect the circumstances, and who she heard speak of them are now dead so far as this Deponent knows, except John S. Hesterson. That this Deponent's mind and memory are both very good, and that she has no interest, direct or in- direct in the claim of the heirs of Capt. Thomas. Elizabeth the Jones mark
Sworn and mark affixed before me, the day and year above written. W. Thompson, J. Peace

County of Alexandria, Dist. of Columbia to wit.
Upon this 10 th day of May 1838 before me a justice of the Peace of said County; personally appears James Nightingale, aged a- bout sixty one years, a competent and credible witness, entitled to full faith in all he states, and saith that he was born in the county of Northumberland, in the State of Vir- ginia, and that he is the only son of Mat- thew Nightingale deceased, who served as boatswain under Capt. John Thompson, of the Virginia State Navy, during the Revolu- tionary war, and who was discharged by the said Capt. Thomas at the date of the discharge, a copy of which he understood is filed in the Pension Office in the use of Capt. John Thomas' heirs, and that he has always understood from his father as well as others, that the said Capt. John Thomas, served in the Navy to the close of the war, and was a valuable and efficient officer. That he well recollects Capt. Thomas from his earliest days, being a neighbor to him, and he being often together with his father at each others houses, that he often heard his father and Capt. Thomas talking to- gether of Capt. Thomas' services during the Revolution, and to the close of the war and declaration of Peace. That these conversations or his speaking of his services made a deep impression upon the young mind of this Deponent, who listened to them with plea- sure. That this Deponent was too young to recollect the day of the close of the war, but from what he heard or understood

from others of those days, and in the family of his father, he has no doubt but Capt. Thomas did serve to the close of the revolutionary war.
Geo. Wise.
District of Columbia. } ss Alexandria County }
I Edmund J Lee, clerk of the Circuit Court of the District of Columbia, for Alexandria County, do hereby certify that George Wise, before whom the foregoing affidavit appears to have been made, was at the day of the date thereof, a Justice of the peace for said County, duly commissioned and sworn.
In witness whereof, I hereunto set my hand, and the seal of the said Court, this 10 th day of May 1838.
Edm: J Lee, clk.
This is to certify that Mathew Nightingale enlisted with me the 10 th day of September, 1776, to serve in the Navy as Boatswain, for the term of three years, which term he served truly and faithfully, and is hereby discharged.
Given under my hand this 10 th day of September, 1779. John Thomas, Capt.
Protector Galley
Copy May 16 th 1784.
I do hereby authorize
Mr Sam: Blackwell to receive my Land Warrants as witness my hand.
Teste
Mathew his Nightingale mark
Sam: Blackwell, jun:
Edward Downings-

Executive Department
July 17. 1837.
The above is a true copy of a paper filed in this Department. W. H. Richardson Sec. Com te
Washington County,
District of Columbia, to wit.
Be it remembered that upon this 30 th day of March 1838, before me a jus- tice of the Peace for the County aforesaid personally appears John S. Westerson of North- umberland County, Virginia, aged about seventy two years , a competent Witness, and from character given to me by others highly credible in all his statements, and makes oath upon the Holy Evangely of Almighty God, that his memory and recollection is very good and strong, and that he never knew a person who had a better and that he remembers before the revolution be- gan. That he was born and lived all his life in the said county of Northumberland, and was well acquainted with Capt. John Thomas of the Virginia state Navy, on the continental establishments during the Revolution who lived in said County previous to the Revolution where he knew him, and where he died, That this Deponent was his neighbor, not residing more than from one to two miles from him until his death. That this Deponent well recollects him when he commanded the Protector Galley in 1776, as a Captain of the Navy, and knew him when he was in the "Dragon" and other Vessels during the whole war , and until its

close ; that during the whole war until its end , he was often at his Home to visit his wife and family, and when he did so, he left his ship or vessel about three miles from where he lived; that sometimes he would be at Home for a nights every two, four or six weeks, and then, when on distant service, every four or five months, but that this Deponent saw him and knew him as capt. of the Navy in actual service on board of one Vessel or the other during the whole war , and until the close of the war and until some months after the war closed and Peace was made, and then he was employed in the Public service to take charge of the arms, &c. That this Deponent cannot conceive how any doubts could possibly exist as to his services, to the close of the war , that during the whole time it was a fact of great notoriety, and this Deponent from his position and neighborly residence and knowledge of him and his family, is as positive of the fact of his serving from the time he first entered the service as captain of the Navy to the close of the war and sometime after , as if he had been constantly with him in the service. He could not have known the fact better. That this Deponent's memory is as fresh and certain as to the services of Capt. Thomas, to the close of the Revolutionary war , as if it had occurred only upon yesterday . That he knows all his family well and intimately. That Capt. Thomas was much of a military man to the day of his death, and fond of every thing connected with a military life: This Deponent

further saith that the whole time of said Capt. Thomas during his said services was devoted to his naval services for his country without interruption interruption, and he was a devoted  Patron and had the cause of his country much at heart and did not leave that cause until after it was gained. This De- ponent further states that Capt. Thomas died in 1796 in Northumberland aforesaid and to the day of his death dwelled with enthusiasm upon the result of the Revolution, in which he had taken so warm and active part. That this De- ponent is the only old Person now living in Northumberland County, knowing to the above facts, all having died or removed to parts unknown to this Deponent. This Deponent repeats that he is certain and pos-  itive , from his own knowledge and from  what he saw with his own eyes , that Capt. John Thomas of the Navy aforesaid, did  serve faithfully and truly his country, in  that capacity, to the close of the Revolution-  ary war ; That this Deponent has no interest directly or indirectly in the claim of the Heirs of Capt. John Thomas, nor is he connected with them in any manner or form in interest or relationship, except so far as that their mother may have been about fourth cousins to this De- ponent, which he regards as nothing.
words "was in" interlined above erasure and "erasures" in last page and interlineation is made before execution.
John T. Hesterson Sworn and subscribed to before me as aforesaid. D. A. Hall S. P. Washington 30 th Mar. 1838.

This Deponent further states that on the 9 th of June in 1779 the "Proteola" Galley was burned in Wicomico River, Virginia , within three miles of Cape . Thomas's House, and this Deponent saw the fire after that Cape . Thomas and his men were transferred to the "Dragon" and was on board of her and other Vessels until the close of the war . When the "Proteola" was burned she was hoove out to repair and could not use her guns; The british attacked her in that situation and burned her. Capt. Thomas and his men resisted them gallantly with musquetry, but could do nothing against their cannon. This circumstance is probably the reason why it was supposed by the Government, he served only three years, as this Vessel was burnt, perhaps no record of the exchange was kept.
John S. Kesterson, Sworn to before me as above. D. A. Hall.
Washington City, 30 th of March, 1838. The undersigned has been intimately acquainted with Mr. John S. Kesterson , who has given & subscribed the two Affidavits on this paper, about thirty eight years, last past . He knows no man more to be relied on for the truth of any statements he may make .
John Talianfero
Mr. Talianfero is the member of Congress from the District when Mr. Kesterson resides — W. B.

Washington 21 July 1836.
To, The Honorable The Commissioner of Pensions.
Sir
At the request of the attorney of the administrator of Mark Thomas who received on 12 Feb. 1838, under act of 3 July 1832, the sum of $7206.57 for half pay - I have the honor to ask for a copy of the official letter of your predecessor to H. Northup, dated 30 August 1836 - also of the previous one, to which reference is therein made, rejecting the claim, also of any other letters from your office, rejecting the claim, prior to its final allowance.
These copies will be received in court, in Virginia as evidence, without the necessity & expense of formal depositions.
Your Compliance, will oblige your obedt servant Thomas Green

2 Knas
27
600 Branderwün 1202
27

Fairfax County to Wit:
The affidavit of Charles L. Broadwater (who states that he is 56 years of age) taken before Spencer M. Ball a justice of the peace for the County aforesaid, this thirteenth day of February eighteen hundred and thirty eight, sayeth, that he joined the sloop Congress as 1 st Midshipman, at Alexandria, sometime in the commencement of the year 1776 - and sailed from thence on the ninth day of March in the same year. The following officers were attached to the Congress when she sailed, and at the time he, the said Charles L. Broadwater joined her to Wit: Commodore John Bontche, William Skinner 1 st Cap t and John Thomas 2 d Cap t . He further states that the crew of the Congress was discharged on the 27 th day of November at Little York, but that he has reason to believe that Captain Thomas continued in the service as he saw him sometime after at Williamsburg in full uniform . He further sayeth that these facts are more fully impressed upon his mind, from the circumstance that he hath in his possession a sea book, in which memorandums were made at the time.
Charles L. Broadwater
Sworn to and subscribed, before the subscriber a justice of the peace for the County aforesaid, this thirteenth day of February, eighteen hundred and thirty eight, at which time the sea book referred to was produced.
Spencer M. Ball J.P.

I. Edward Sonnell a Resident of the County of Northumberland in the state of Virginia
Do hereby certify that I was well acquainted with capt John Thomas of the county afore said who served in the navy During the war of the Revolution - the said Thomas was appointed capt of a Rowgally about the commence- ment of the war - the said gally was captured and Burned at wicomico warehouse in the county of Northumberland - after which the said Thomas with the men under his command were transferred to the ship Dragon of the Virginia navy and after Remaining there a short time he returned to Northumberland and was put on Board of a ship commanded by capt Blackwell at that time and there as I understood acted as mate and said ship was sent out By order of the government to some part in France - that on her voyage she captured two prizes one of which was a Sloop in particular. But both Belonged to the British - that the said prizes were taken to the port to which the ship was destined and said Thomas was put in command of one of the prizes for the purpose of bringing her over to the united states - that on the voyage to the united states the said vessel was wrecked on the Shoals of Cape Hatteras - that capt Thomas then came to the united states - and was appointed to take charge of a quantity of arms which had been Deposited at the house of Thomas Betts in Northumberland County Virginia - that he continued in profession

of said arms untill the conclusion of the war and then deliver them to the militia of Virginia - the evidence of said Thomasee remain- ing in in service to the close of the war is true to my own knowledge for I was well acquainted with him - he lived a near neighbour to me and died some 6 or 7 years after the close of the war in the said county - Given under my hand this 5 th day of February 1834
Edw. Correll - his mark
North County Court
This day personally appeared Edw. Correll before me one of the Justices in & for the County aforesaid & made oath to the facts stated in the foregoing deposition given under my hand this the 5 th day of Feb y 1834
Edw. Cotes
I further more certify that the said Edw. Correll is of good standing in the County of North. his statements are entitled to credit
Edw. Cotes
5 th Feb y . 1834
I know that Edw. Cotes was and believes he is now a magistrate in Campina in North County. He is entitled to all credit.
Feb y 21 st 1834
J. W. Chinn
Second Rep ts act ing

17 N o 783 East John Thomas — Cheesed —
Half pay as Captain in Virginia State Navy
Act to provide for liquidating paying certain claims of the State of Virginia Approved July 5. 1832 Due $3,999. 11
Reprint March 24. 1851 Ret d — " 25 — "
Rec d 25 th March 1851, of the 3 rd Annu l Reg t N o 11521 dated this day, for Three Thousand, nine hundred & ninety nine dollars, & eleven cents, in full of the within ac- =count — $3,999. 11
Thos. Thomas C.O. D.M.

The United States To
J. John Thomas deceased Captain in the Virginia State Navy
For his half pay from January 24. 1780 to January 1. 1796 in which year he died being 15 years 343 days at $250 23 / 100 per Annum 3.999.11
Allowed by Decision of Secretary of the Interior dated March 20. 1851
Act to provide for liquidating unpaid certain Claims of the State of Virginia Approved July 8. 1832 Dollars 3.999.11
Treasury Department Third Auditor's Office
March 24. 1851
Status by
J. W. Michpatrick
Treasury Department
D. Comptroller's Office
Ex. No. 25. 1857.
Th. J. Cathcart

Northumberland County Va.
This day personally appeared before me William Lowrey and made oath that he personally knows William Thomas to be the son of Capt. John Thomas, who was Capt. of the protection Galley of the Virginia line Navy, during the Revolutionary War . And that he the s d Lowrey served under the s d Thomas for three years . Given under my hand this 12 Oct. 1830
M c Blackwell
State of Virginia
Northumberland County to wit -
I Mohram B Cralle deputy Clerk of the Court of said County, do hereby certify that John Blackwell Gent. who has subscribed his name above is a Justice of the peace
duly commissioned and many of which I have hereunto set my hand and affixed the seal of the said County this 12 th day of Oct r 1830
M c Cralle
A
I do hereby certify that Capt John Thomas enlisted on Board the Protector Galley as Lieutenant 17 th June 1776 & Novem r following I resigned, and he was gave the command of s d Galley
Rob t Conway
Richmond Nov r 9 th 1785
According to my best recollection , I do hereby certify that John Thomas resigned his Commission of Captain in the Navy of this Commonwealth sometime in the month of June or July in the year 1779 at which period I was president of the board of War
Jas. Innes
Trans d Capt Thomas
Claims - Cha: Jones Com r
Certif d reco d by John Gordon
Copy J Pendleton
Richmond Virginia
Executive Department Feb y 17 1831
The above are true copies of papers filed in this Department
W m H Richardson Secy Com a

I Thomas Berry a resident of the County of Northumberland in the state of Virginia do hereby certify that I was well acquainted with John Thomas in the revolutionary war — The said Thomas was commander of the Row Galley which was assigned for the protection of the Country lying on and adjacent to the Great Wicomico river in the County of Northumberland — That the said galley was lost, destroyed or displaced, he does distinctly recollect which — That some of the men on board the said galley were transferred to another vessel in the service of the government — that after the loss of the said galley, capt Thomas as he understood from various sources, & as was generally understood in that day and believed, was transferred to another vessel, commanded by capt Blackwell, the name of which he does not now recollect — The said vessel sailed from Chesapeake Bay, but deponent does not remember to what port she was destined — The said ship captured a prize as deponent was at that time informed, & capt Thomas was put in command of said prize to bring her to the United States — That said prize was wrecked on her voyage
Thomas Berry
Northumberland County to Wit
This day Thomas Berry personally appeared before me a Justice of the Peace for the County aforesaid and made oath to the above statement
Given under my hand this 1 st day of Feby 1834
Walter Rice
I hereby certify that I am well acquainted with Thomas Berry and that his statement is entitled to credit
Walter Rice

I know that Waller Price was, and believe that he is now, a magistrate in Ossipee for North Co. Va. He is entitled to all credit. Feby 21 st 1834
J. B. Chinn
House of Reps. Va.

181-181.
Virginia Claim
John Thomas
No. 24 March 1854.
Not Allowed.
Capt. Thomas

BOUNTY LAND WARRANT RECORD CARD*
NAME Thomas John G. GRADE Private LINE Virginia (Lee's Legion)
WARRANT NUMBER 12603 and 13844 ACREAGE 100 ISSUED March 4, 1796 To — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.