Revolutionary War Pension and Bounty Land Warrant Application File S. 30,314, James Cassell, Navy (Mass)

SERVICE
NUMBER
Navy (Mass)
Cassell James Cassel
S 30.314
CONTENTS

Massachusetts 10.487
James Cassell
of Suffolk in the State of Mass. who was a Seaman in the Ship Alfred commanded by Captain Hineman of the Alfred commanded by the in the Mass. time for 13. months
Inscribed on the Roll of Massachusetts at the rate of 52 Dollars Costs per annum, to commence on the 4th day of March, 1842  September 1841 Reduced from $96. per annum
Certificate of Pension issued the 7 th day of March 1842 and sent to E. D. Capell Esq. Boston, Mass.
Arrears to the 4th of Sept. 1842 $ 26.00
Semi-ant. allowance ending Mar. 43 26.00
$ 52.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by D. Brown Clerk, Book 6. Vol. 2. Page 15
Reduced from $96. Agent notified, see letter

Commonwealth of Massachusetts.
Suffolk ss. Boston
On this twenty eighth day of August A.D. 1832. Boston personally appeared in open Court before the Municipal Court of the City of Boston, now sitting at within and for the County of Suffolk aforesaid
James Cassel of said Boston aged seventy four years
Who being duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress, passed June 7th, 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. That is to say
That in or about the month of September 1777 he shipped at Boston in the 20 gun Ship Alfred, Captain Flinneman, in the service of the State of Massachusetts. He sailed in her to Kittery in Maine, where they joined the Frigate Rolla, Captain Thompson sailed from thence on a cruise, touched at a Point in France, thence to the coast of Africa, where they took several Prizes near the mouth of Senegal, & after being out about 16 months were captured by the Beros & Admiral British Ships of War, & carried into Barbadoes. He was detained some time in captivity, was at length released & proceeded forthwith to Boston, which he reached about April 1779 after a service of about nineteen months to the best of his recollection. Soon after this, the exact date he does not recollect, he shipped again at Boston in the Frigate Rolla, commanded by Commodore Barry, & sailed on a cruise; soon after leaving Port was pursued by the British 50 gun Ship Experiment, after a severe conflict ran ashore on Fox Island where the Rolla was dismasted & taken. This component with the rest of the crew escaped in the Barge & returned to Boston. He was engaged in this service about three months.
Soon after this, the exact period he cannot now recall, he shipped again at Boston in the Brig of War Resistance, then in the service of the State of Massachusetts, sailed on a cruise to the West India, took a Snow & several other Prizes & returned to Boston after an absence of from two to three months as near as he can recollect. His wages were eight dollars per month. He knows of no person surviving who can prove his services.
In 1815 he applied for a pension & obtained it by the testimony of some of his shipmates who have since died; their evidence he supposes is on file at Washington. He was afterwards struck off from the Roll on account of his owing a small triment. has since lost or mislaid his pension certificate. His memory is somewhat impaired. & there is no documentary evidence of his services.

He relinquishes every claim, whatever, to a pension or annuity whatever, except the present, and declares that his name is not on the pension roll, of the agency of any State. Sworn to and subscribed the day and year aforesaid
Before me
Peter O. Thacher Judge
James B. Russell
We Joseph L. Ropes & William Golliver City Missionary of the Baptist denomination the latter a Clergyman residing in the town of the City of Boston in the County of Suffolk James Bannell hereby certify that we are well acquainted with who has subscribed and sworn to the above, and that we believe him to be Massachusetts Seventy four years of age, that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
Before me
Peter O. Thacher, Judge
Joseph L. Ropes William Golliver
And the said Court thereupon proceeded to propound the following interrogatories, which he answered under oath, as follows:
1. Where and in what year were you born?
Answer,
In South Wales, February 1 st 1758
2. Have you any record of your age, and where is it?
Answer,
It is recorded in the family bible now in my possession
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live?
Answer,
In Boston
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute, for whom?
Answer,
I volunteered
5. State the names of some of the regular Officers, who were with the troops, where you served, such Continental, and Militia Regiments, as you can recollect, and the general circumstances of your service?
Answer,
I have stated them in the body of my answer
6. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution?
Answer,
The Rev William Golliver & Mr. Joseph L. Ropes & his Honor Judge Thacher.

7. Did you ever receive any discharge from the service, if so, by whom was it given & what has become of it?
Answer. I do not recollect that I ever received any
Sworn to and subscribed the day and year aforesaid Peter A. Thacher, Judge
James Capell
And the said Court do hereby declare their opinion, that after the investigation of the matter, and putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary mariner  Soldier , and served as he states. And the Court further certifies that it appears to them, that Rev d William Collier who has signed the preceding Certificates is a Clergyman resident in the City of Boston, that Joseph L. Ropes who also signed the same certificate is a credible person, and that their statement is entitled to credit.
Clerk of the Court of
I do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of
In testimony whereof, I have hereunto set my hand and seal of office this
in the year of our Lord one thousand eight hundred and thirty
day of
Cate is a resident in the same City, that both are credible persons, and that their statement is entitled to credit. Further certify that I have personally known Capt. James Capell the applicant, for about twenty five years, and I believe him to be a person of good character and that he was, as he states, a Revolutionary Mariner.
Peter A. Thacher, Judge of the Municipal Court of the City of Boston.

Commonwealth of Massachusetts
Suffolk p
I, Thomas W Phillips, Clerk of the Municipal Court of the City of Boston, a Court of Record do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Cassell for a pension; also that the Honorable Peter O-Thacker is sole Judge of said Court and that the signatures on these papers, purporting to be his, are genuine. In testimony whereof I have hereunto set my hand & the seal of said Court at said Boston this twenty eighth day of August A.D. eighteen hundred & thirty two.
Thomas W. Phillips, Clerk.
Carell

James Capell
S o 11.999
Seaman 2 years
506
Jan 12 1833
P-216
E. H. Derby Esq.
Boston Ms.

(Old cases)
BRIEF in the case of  James Lapsel of the County of Suffolk  in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74 years,  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1777 Sept. — 19 — Marine Ship Alfred, Capt. Meneman   " 79 — 3 — ditto Frigate Bella, Comd. Barry   from 2 to 3 — — d.  
 5. In what battles was he engaged? at Sea with the British Ship Experiment of 50 Guns  6. Where did he reside when he entered the service? Boston  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions on file in the War Office  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin B. Delt Examining Clerk.

Invalid WIDOW, &c.
Navy File No. 30314
James Capell
Seaman
Ship Alfred Rev War
Act June 7, 1832
Index: Vol 2 , Page 15
[Arrangement of 1870.]

1777
"Alfred" Cap Hinman on joined the " Raleigh " sup. 45 Navy book.
1778.
"Raleigh" Capt. J. Barry on Captured off Boston by "Experiment" etc. sup. 2 Navy book.
Cannot verify "Resistance".
Leave caption "Navy (Mass.)"

10.487
Massachusetts
James Cassel
of Suffolk in the State of Mass who was a Seaman in the Ship commanded by Captain Nathan and of the ————— commanded by ————— in the Mass time for 2 Years
Should have been 13 mo
Early Nov. 1831
Dec 1831
Inscribed on the Roll of Massachusetts at the rate of 16 — Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 th day of April 1833 and Int. at 7%. Henry Boston Mass
Arrears to the 14th of March 1833 $192.00 Semi-annual allowance ending Sept. „ 48.00
$240.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded By A. H. Atkinson Clerk, Book E Vol. 2 a Page 10.
Set Pension Agent Nov 5. 1841. Supt
76 Suffolk
896. Comg. April 1833 1833

7,142 Massachusetts
James Capell 4
of Boston in the state of Massach'ts who was a Mariner on board the Alfred  in the regiment commanded by Colonel Cap: Heman of the U. S. Navy line, for the term of nine months.
Inscribed on the Roll of Massachusetts at the rate of Eight Dollars per month, to commence on the 1 st of April 1810.
Certificate of Pension issued the 5 th of March 1819- and sent to the Hon d J. Davis, Boston, Massachusetts.
Arrears to 4th of March 1819. 11 4 / 31 89. 03 Semi-ann. all'ce ending 4 th Sept: 1819 48. 00
$: 137: 03
{ Revolutionary claim, } { Act 18th March, 1818. }
Suffolk County.
506 72 Jany 1833 L E H (Riley Esq) Boston Mass

No 136. James Cassell U.S. Ship "Alfred". Capt: Menman.
July 1777 to May - 78 9 months -
1 st April 1810 -

I James Capell of Boston in the county of Suffolk and Commonwealth of Massachusetts, Mariner do on oath declare, that during the Revolutionary War between America & Great Britain, viz in the month of July in the year of our Lord one thousand seven hundred and seventy seven I shipped as Mariner on board the Ship Alfred of 200 Guns - Capt Elisha Heman. Sail'd from Boston to Portsmouth N.H. in August, and thence in company with the Rawleigh Capt Thompson about the first of September we sail'd on a cruise - captur'd a ship & brig and carried them into L'Orient in France - laid there about two months to repair - sail'd from thence, and on the cruise touch'd at St Sago, Cape de Verde for water thence along the coast of Africa, touch'd at Goree thence on a cruise was captured by his Majestys ship & Sloop of war Ariadne & Beres, off Barbadoes, where we were carried in and imprisoned about a week then got over to Martinico & then sail'd in the brig Resistance 18 guns for Boston and arrived, as I believe in May 1778. Afterward I entered on board the Rawleigh Capt John Barry in July 1778 - and remained on board - and was captured by the Unicorn frigate & ship Experiment 50 Guns in October of the same year. Boston April 1. 1818. James Capell
Massachusetts District } Boston 1. April A.D. 1818 }
Sworn to before me
M Davis By order Mar. Dis

Boston April 1. 1818. We the subscribers hereby certify that we were with Capt. James Cassell when he was on board (as a mariner) of the ship Alfred during her whole cruise, and capture, & returned with him to Boston: and the statements made by him is correct according to our best recollection
Robert Lash John Brinckly
Massetts. District S. } Boston 1. April 1818 }
Sworn to before me
The said James Cassell further declares & says, that he is in such reduced circumstances of life as to stand in need of assistance from his country for support. James Cassell
Massachusetts District S. Prothon 6. Feby. 1819  21. April 1818
Sworn to before me
M c David Dist. Judge Mass.

MASSACHUSETTS DISTRICT, ss.
Boston 6 February A. D. 18 19 James Chapell
IT appearing to my satisfaction, that subscriber to the annexed declaration, sworn to before me, did serve in the revolutionary war against the common enemy, as stated in said declaration, I now transmit the testimony in the case, with the proceedings had thereon, to the Secretary of the department of war, pursuant to the directions of the Act entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war;" the testimony and proceedings in the premises being the declaration aforesaid, with the accompanying documents marked together with this certificate.
In witness whereof I have hereunto set my hand and caused the seal of the District Court of the United States for this District to be hereunto affixed.
M Davis } Judge of the District Court U. S. Massachusetts District.
MASSACHUSETTS DISTRICT, ss.
6 February 1819.
I AM satisfied that the above named, James Chapell by reason of his reduced circumstances in life, is in need of assistance from his Country for support.
M Davis } District Judge U. S. Massachusetts Dist.
TO THE SECRETARY OF THE DEPARTMENT OF WAR.

4999 4999. James bassell
Bethnal
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

Commonwealth of Massachusetts Suffolk ss
I, Thomas W. Phillips, Clerk of the Municipal Court of the City of Boston a Court of Record, do hereby certify that James Cassell named in the within papers made before me solemn oaths to the truth of the facts set forth in the deposition written on the other side of this sheet which deposition said Cassell subscribed in my presence. I also further certify that the other papers connected together with a ribbon which ribbon passed under the seal of the Court have all passed under the inspection of the Judge of the Municipal Court in open Court & the signatures of Mr. Peter O. Thacher and to be the signatures of the Judge of said Court are genuine. In testimony whereof I have hereunto set my hand & the seal of said Court this nineteenth day of January A.D. eighteen hundred and thirty three.
Thomas W. Phillips, Clerk.

Personally appeared before me, the undersigned, Clerk of the Municipal Court of the City of Boston & a Justice of the Peace, James Cassel, who, being duly sworn, deposeth & saith, that by reason of old age & the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below, & in the following grades — one year & seven months, as a mariner on board the Alfred & as a prisoner of War — For three months as a mariner on board the Frigate Rolla — For two months & a half as a mariner on board the Brig Resistance — & for such service I claim a pension —
And this deponent further saith that he has made diligent search in the Office of Edward D. Bangs Esquire, Secretary of this Commonwealth & can find no papers relating to the Brig of War Resistance, the same having been lost or mislaid —
Sworn to before me Thomas W. Phillips, Clerk of the Municipal Court of the City of Boston this nineteenth day of January A.D. Eighteen hundred & thirty three
James Cassell
said Cassell also subscribed this deposition in my presence
Thomas W. Phillips Clerk of said Court

I Mitchell Lincoln of Boston in the County of Suffolk and Commonwealth of Massachusetts tax collector on oath before & say that I have been acquainted with Captain James Cassell of said Boston (the same person who this moment applies for a pension) for fifty four years past and believe he has always maintained an excellent character, when I first knew him he was a mariner and sailed with me in the Schooner Chance in the year 1778 He was then a smart shrewd & intelligent man apparently about twenty five years of age I know nothing of his revolutionary services being but little acquainted with him at that time but should place very great confidence in his statements.
Commonwealth of Massachusetts Municipal Court City of Boston August 27 th 1832
Mitchell Lincoln
Sworn to in open court by said Mitchell Lincoln Attest Thomas W. Phillips, Clerk of said court.

Mar. Mar 4 '42
To J. G. Edwards Esq. Commissioner of Pensions Washington
Labell

St. John March 1 st 1842
J. A. Saward Esq. Sir, Eleazer Palmer Esq. of this City handed me a few days since a Copy of a letter from you under date of Nov. 1 st in which you state there was a mistake in regard to the time of my Father's Service on Board of the Ship Alfred. I was not knowing to the Statement he made in 1818 but was present when he made the Statement in 1832 & had satisfied our Attorney done all that could be done to obtain the most correct information he was able, under the circumstances of his advanced age and impaired mind, I should have objected to his giving his testimony in the case of Mr. Seeman, but at that time I was not at home & knew nothing of it until his deposition was taken, he however makes the same statements now in regard to his term of service, & I have no doubt in my own mind but he must have been in the service very nearly two years, but on Board of some other ship he tells about joining the ship Rolla at Portsmouth, but his mind is so impaired it is impossible to obtain any satis- factory information. I shall therefore be in compliance with your request send you the enclosed certificate, hoping you may by a little further examination find he has been in the service long enough to entitle him to as much pay as he has been drawing, as he is in much need of it in his advanced age, and in all probability will not require it much longer, you will confer a

I am by sending the new Certificate directed to me soon as convenient,
I am Sir with much respect your Obat: & very Humble Servt.
Edmund D. Cassell

Boston August 28 th 1832 14 State Street -
Sir,
I have the honor to transmit to you the certified case of James Cassell, an applicant for a pension. It appears from his own deposition that his whole period of service amounted to a little more than two years -
By forwarding to me the Pension Certificate you will confer a favor on
Yrs. with the highest Respect C. Hasket Derby per B. H. Andrews -

No 21,999 James Bassell
E. H. Derby Esq. Boston Ms.

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

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

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
† QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or ribbon and pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
No evidence in this office to show that the "Mrs. Resstamer was a public servant before." Application should be made to E. D. Bangs Esq. Secy of State for evidence of the fact.

J. L. Edwards Esq. Washington —

Boston January 19 th 1833. 26 State Street
Sir,
I have the honor to transmit to you the amended Declaration of James Cassel — — — Will you do me the favor, when you next have occasion to forward me any papers, to inform me whether the application of Joseph Mountfort has been received at your Office —
Very respectfully
Your Obt. Servant
C. Haskell Derby per
H. H. Andrews

Payments to be made at W. M. Nap by W. M. of W. B. Banks Agent for paying Pension- ers, in the Agency of Nap
Recorded in the Pension Of- fice, in Book C Vol. 2 Page 10 by L. H. Adams Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, James Cassel of the State of Massachusetts who was a Seaman in the Navy of the Revolution is entitled to receive Sixty Six dollars and _____ cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this Smith day of April one thousand eight hundred and thirty- EMC
Examined and } Countersigned. }

Isaac Capell Mass.
June 7. 1832
Issue new certificates for 13 th inst. instead of 2 nd . of 52 persons commencing 4 March 1842.
Edw. D. Capell Esq. Boston Mass.

WAR DEPARTMENT,
Pension Office,
March 7, 1842 1841
Sir:
Be pleased to reduce the pension  inscribe on your roll the name of James Capell, Seaman a Revolutionary Pensioner, at the rate of fifty two dollars and _____ cents per annum, commencing on the 4th of March, 1842  1832 , under the act of June 7, 1832  1832, and pay his pension up to the time of the last semi-annual  payment, if he should be still living, and, if not, you will pay the  money due up to the day of his death. This Pensioner was formerly  on the roll at $96 per annum. From the  Pensions under the above act are to be paid immediately on  the production of the proper vouchers.
I am, respectfully,
Your obedient servant,
To the Agent for paying Pensioners at Boston Mass.
Copy this & file it with the Papers
Sept. 1842 he will be paid at the rate of fifty two Dollars per annum