Revolutionary War Pension and Bounty Land Warrant Application File R. 41, John Harris, Privateer Va Va Sea Service

SERVICE
NUMBER
Privateer
Harris, John
W. 41
Va
Va Sea Service
Va Half Pay
CONTENTS
See Acc. No. 837 - Virginia State Navy John Harris P. 5 File Va. Half Pay

UNITED STATES OF AMERICA,
Washington County, District of Columbia, to wit:
To all to whom these presents shall come. Greeting:
KNOW YE, That on the 26 th day of November in the year of our Lord 1845 Letters of administration with the will annexed of all and singular the goods, chattels, and credits, which were of John Harris of late of the State of Virginia deceased, was, by the Orphan's Court of Washington County aforesaid, granted and committed unto Henry Northcutt of the County & District aforesaid. The having first entered into bond, with approved securities, for the faithful performance of the duties thereof. also that the said Letters have not been revoked.
WITNESS,
William F. Purcell Esq.
Judge of the Orphan's Court of Washington
County, District of Columbia, this 21 st
day of January Anno Domini 1850.
Test,
Ed. N. Roach,
Register of Wills.

I James D. M c Call do hereby agree to and request Henry Northrop of Washington City to administer at that place on the estate of Capt. John Harris of the Virginia State Navy in the war of the Revolution and of whose estate my wife Sarah or Sally was the sole devisee, and as York the county in which said testator lives is remote and inconvenient to take out letters of administration therefore, I have consented and request the said Northrop to take out letters of administration, at Washington City the place where the fund to her received lies. Witness my hand this 15 th day of November 1845.
James D r M c Call
True Copy,
Test: Ed. N. Roach Referee

Report on the claim of the devisees of Captain John Harris of the State Navy, for additional bounty land for his services.
To the Governor
Sir,
The following are the facts which have come to my knowledge touching this claim - viz-
John Harris was commission'd 1st Lieut. of the Manly Battery, August 3rd 1776. (See Council Journal of that date) - He was ordered to take command of the Brig Musquito Oct. 24. 1776 (see Journal of the Navy Board Oct. 24. 1776 p. 90) - He was recommended captain of the Brig Raleigh in the room of John Younghusband resign'd, Oct. 31. 1776. (See Jour. Navy B d p. 96. Oct. 31. 1776.) - Sunday orders respecting him were made by the Navy Board to Oct. 9. 1777. (See Journal of the Navy Board, pages - 102 - 127 - 157 - 163 - 167 - 170 - 172 - 180 - 238 - 296.) He was captain in the Navy Nov. 28. 1776. (See Journal of the Council of that date) He was a prisoner of war in April 1778. (See Journal of the Navy Board of the 15. April 1778 - p. 383.) - He was reported in service until his death, (He died in March 1783) by a Board of officers - James Barron president &c which sat at Richmond, in obedience to orders from the Executive - May 15. 1784. (See Report, etc on file in the 1st Auditor's office)
A certificate issued in his name, Oct. 30. 1784 (which was deliv- er'd to Capt. Wright) for $972.19 - the balance of pay due him on settlement &c. (See Army Register of the State Line.)
Bounty Land was allowed for his services, March 20. 1784, amounting to 5333 1 / 3 acres.
The facts which have been prov'd by this claimant are - That John Harris was in service as Lieutenant, from the Spring of the year 1776, (with the exception of the time when he was a prisoner) until he died - in the month of March 1783 - That after he return'd from captivity in the winter of 1779-80, he presented himself before the Board of War, produc'd his commission as a captain of the Navy, and requir'd ser- vice as such - That he never resign'd his commission, but steadily per-

sever'd to serve his country". (See the copy of Col. Innes' certificate, dated Williamsburg Feby. 9. 1784.)
A memorandum has been fil'd, purporting to have been made by Capt. Harris, respecting occurrences which took place during his captivity.
Upon this state of facts, I report this claim to your Excellency as good for the additional bounty land asked for. The Heirs of Captain Harris should have been allow'd in March 1784, when bounty land was allow'd for 3 years service of Capt. Harris, bounty land for a service from the Spring of the year 177 7 / 8 to mar: 1783, or (as I think) to the end of the war. His heirs should now receive that allowance, subject to the deduction of 5333 1 / 3 acres which have been already received.
Respectfully submitted
+1776
John A. Smith Com te &c
July 24. 1835.
Williamsburg - Feby. 9th 1784.
In the spring year 1776 - I do certify that the late Capt. John Harris was a lieutenant in the Navy of this State, and did duty in that station on board the Manly Galley on the Eastern shore, when I acted as Major of the 9th Regiment at that time stationed at Northampton Court House. In 1777, I do also know, that Captain Harris was promoted to the command of the Armed Privateer called the musquitos, and in the capacity of Captain and Commander sailed on a cruise to the West Indies, in which I have every reason to believe he was taken and carried with his crew a prisoner to Faton Jail in the Island of Great Britain. In the winter of 1779 & eighty he returned from his captivity, at which period I was a member of the Board of War, and I do certify that he produced his commission as a captain of the Navy and required service as such. Captain Harris never resign'd his commission, but always steadily persevered to serve this country - He died in March 1783.
Geo Innes

Executive Department
March 20. 1835.
The above is a true copy of a paper filed in this department.
Wm H Richardson Secy Comth.
Sometime in the year 1779 while I was in Fortune Prison in England I received a letter from a Doct r Brehan who had made his escape from said prison, That if I should be so fortunate as to make my escape also, to apply to certain gentlemen in London who would supply me with cash to forward me to France, when I should arrive at Paris to apply to the Hon ble Arthur Lee Esq r That he would furnish me with every necessary, for he had himself received many favours from said gentlemen. When I arrived at Nantes, I wrote to Doct r Franklin, also to Doct r Lee in behalf of many of the prisoners who came over with me in the same Flagg, that was in a distressed condition. I received an answer by the return of the post, from Doct r Lee, who informed me of his being out of office at that time, but, that if I would draw up a remonstrance in behalf of those people he would do every thing in his power that Doct r Franklin should relieve them, at the same time expressing himself very feelingly for those poor men who had risked & suffer'd in the cause of American Liberty. While I was in France I had an opportunity of hearing the testimony of gentlemen respecting the character of Doct r Lee & I must confess always heard with pleasure that he was the true friend to America the honest man and that his honesty was the cause of his being not in office at that time, the particulars of which I heard from Commodore Gullon & many other gentlemen, but do not well recollect. but it was something respecting the public money. I have since seen some american prisoners that was confined with my self that said, that when they got to Paris that Doct r Lee was their friend, mentioning that Silas Dean was partial to his countrymen upon the whole, as I never before this present sessions had the honor of seeing him hope no one will suppose I have any other interest but declare what I know

to
John Harris.
1
"Wednesday the 15th day of Aprie 1778.
Ordered that the keeper of the public Store deliver to William Plume as many necessaries not exceeding thirty pounds in value for the use of Amelia the daughter of Captain John Harris late of the musquette, who is now a prisoner, on his paying for the same. — From page 383."
The above entry is truly extracted from the Naval Journal - Given under my hand at the auditor's office Richmond this 22 January 1838.
Jas C. Heath
Aud t Accts
To His Excellency S. W. Fazewell Governor of Virginia
The memorial of James D. McCraw who intermarried with one of the children of John Harris respectfully represents, that the said Harris entered the navy of Virginia at a very early period of the Revolutionary war as will appear by the evidence enclosed, and by reference to the Journal of the Navy Board, and Executive Journal for the year 1776. In those Journals he is noticed as First Lieutenant of the Manly Galley on the 3rd August 1776; shortly after which he was promoted to the command of the musquito Brig and ordered to fit her out for a cruise. He continued in service to the end of the war as will likewise appear by the navy Journal and the report of the Board of officers which assembled in 1784 to decide who were entitled to half pay for life. He is reported by that Board entitled to half pay, but dying about that time, or a short time previous, neither he or his heirs derived any benefit from that provision of his country.
The

The members of the Navy Board, to wit; Commodore Barron and Captains Barron and Silley were commissioned early in January 1776 as will be seen by the proceedings of the Board, the dates of the other officers commissions are not given, owing probably to their own neglect in not attending the Board or furnishing it with the dates of their commissions, it is but fair however to presume that all of the old officers were commissioned about the same time, and the presumption is strong in Cap n Harris' case, as he is proven to have been in actual command as first lieutenant early in the spring of 1776, by the certificate of Colonel Innes.
In 1784 Sand Bounty was granted him for a service of three years, it is in proof that he served upwards of seven and that he was entitled to additional Sand Bounty for the time he served over sea years, which it is hoped will now be granted to your memorialist whose wife is the only devisee.
James Drew McLean
City of Richmond, Scl.
This day James D. McLean made oath before me a justice of the peace for said city, that the foregoing statement signed by him contains the truth to the best of his knowledge and belief.
Given under my hand this 20th day of July 1835.
E. W. Rootes
Executive Department
Richmond V May 28 1850
The foregoing four pages contain true copies of papers filed in this Department
Henry Richardson Secy Comt

I do hereby certify, that John Hanes of Accomac County, entered a Lieutenant , in the navy of the State of Virginia, to wit, on board the gally called the Accomac, and that he served in the said gally, was considered to behave well, and that he died in the County of Accomac afo d in the month of January, whilst in the service of the Commonwealth the year 1781. To the best of my recollection, he was a cadet in my company of the 9 th Virginia regiment, in the year 1776, and that he entered a Lieutenant (being a seafaring man) on board the gally aforesaid in the fall of the year 1776.
Jn s Cropper Jr formerly Lt. Col. Comm d 11 th Virg a Regim t
Executive Department Richmond V a Ap r 17 th 1850.
I certify the foregoing to be a true copy of a paper on file in this Department.
Wm H Richardson Dy Comm d

Williamsburg Feb y 9 th 1784
In the spring year 1776, I do certify, the late Captain John Harris was a Lieutenant in the Navy of this State and did duty in that station, on Board the Manley galley, on the Eastern shore, when I acted as Major of the 7 th Regiment, at that time stationed at Northampton Court house - In 1777 I do also know, that Captain Harris was promoted to the command of the armed privateer called the Musquito, and in the capacity of Captain and Commander sailed on a cruise to the West Indies, in which I have every reason to believe he was taken and carried with his crew a prisoner to Foston jail in the Island of Great Britain - In the winter of 1779 and eighty he returned from his captivity - at which period I was a member of the Board of War, and I do certify that he produced his commission as a Captain of the Navy and required service as such - Captain Harris never resigned his commission but always steadily persevered to serve his country - He died on March 1783.
Ja s Innes
Executive Department Richmond Va a April 17. 1850.
I hereby certify that the foregoing is a true copy of a paper filed in this department
W m Richardson Secy Comt

Memorandum for The claim of Captain Harris of the State Wash. for compensation and interest

Memorandum in case of Capt John Stevens of the Virginia State Navy (Three) See Harrison's Statutes at large Volume Two Page 467 467. In which it is that the officers of the Va State Navy as they "then" arranged agreeable to a late arrangement be intitled to all the pay emoluments and privileges of of the land Service . This act was during the Session of Decr 1781 and from the name of the chapter at an early period of the Session. It seems this "late arrange- ment" referred to must necessarily have been in the early session 1781 —
Again see the report of the board of officers of the Spring of the year 1781 in the board report to Congress in which the act of Congress of the 5th of July 1781 intitled "An act to reorganize Virginia's troops where they (the Board) say" at the time of the next proceeding the last Session of 1781 and as compared with the previous than this was the early Session 1781. This Board does not give this act as the sum total of every officer's last pay — "from the statements of information the board are here since at". It is clearly implied that the rate applied to commensurate with the previous would not apply to the other officers by this act to wit that the Q.M. the Commander in Chief of the Va State Navy was actually in service on the 22nd of April 1781 which is truly so the records have no evidence to show him in service until that time and probably longer —
But we have all the grounds that can be asked to see 2 stair us to wit in the passing of Capt Richard Barron's claim for commutation and interest deducting those from the sum made by the Superior Court of America's County in December 1850 and confirmed in Jan'y or Feb'y 1853 by the Court of Appeals of Va. This Judgment confirmed the full pay of Capt Barron on the 18th of February 1782. and the act reads (see statute at large) "to be paid on the 22nd" "to commence with the determination of commutation of service"

Capt Harris is found on this list of Disbanded Officers. This claim was proposed for half pay in the fall of 1845 and the amount of half pay due from the 1st of January 1842 to the day of her death has since been referred to all the facts are to be found in the files in the Third Auditor's Office where the Commissioners of Pensions have only to call for the papers when they will be sent him such I was told last week by the Third Auditor when applying for a certified copy of them to be laid before the Commissioners on the prosecution of the claim for commutation and interest which is now down and the Commissioners of Pensions is asked to take the same up at as early day as practicable. Washington 21st of Jan'y 1850 V. Berry Clerk Third Auditor
Col. J. H. Harris via Nat. Navy
The attention of the Pensions is asked fully requested to the within letter as early as com- mence-
R. Wallace Wash: 22 Jan. 5 '50

File 14 1848
John Harris
Act 5 July 1832
Recorded vol 13 page 192.

Pension Office
February 14. 1848
I certify that I have examined the case of John Harris, deceased; and that I find that he was a Lieutenant in the Virginia State Navy; that he served till the reduction of that Navy on the 1 st of January 1782, and died in the year 1802; and that the case is embraced by the provisions of the act of July 5. 1832. I therefore certify that half-pay is due to the legal representatives of said Harris from the first of January 1782 to the first of January 1802 at the rate of one hundred and eighty two dollars and fifty cents per annum; and that the amount is payable to Frederick Vincent, Administrator of the said John Harris deceased.
Commissioner of Pensions
Approved.
Secretary of War.

Auditors Office
Richmond April 17 '50
W. L. Edwards Esqr.
Sir
Yours of
of the 11 th of this month came to hand a few days since and I have caused the examinations requested, to be made. The enclosed paper will give you all the information derived from a search in relation to the service of Capt James MacCann. I have not been able to discover any evidence of the resignation Charles S Boush, a lieutenant in the Virginia State Navy.
I have not been able to ascertain from the records of this office the precise

time of the death of Capt John Harris, "In the Proceedings of a board of officers late of the state line and navy, that sat at Richmond in consequence of a requisition of the Supreme Executive, on Thursday the 13 th of May 1884" is a "list of officers of the state navy agreeable to the arrangement next proceeding the fall session of Assembly in 1884." By that list there is the following entry
"John Harris" , "Captain" , "When Commissioned not known" , "Since dead."
See Report (Govt Barbour 16 Jan'y 1832) No 191. on Claim of Ex. pages 58-59-
I send you also a copy of a paper in the office of the Secretary of the Commonwealth, but there certainly was a John Harris Captain in the Navy living after the time fixed by Col Croppers as the time of the death of his friend or son Capt Harris.

I am told there is in the office of the Secretary of the Comwth an affidavit & Certificate of Col Innis fixing the death of Capt Harris as a different time than that fixed by Col Goddard for limit of Number . By a report made to the Legislature of Va in 1833-4, by John H. Smith of those, who received land bounty from the state of Va, it appears that "Capt John Harris of the Navy on the 20 th March 1884, received for 3 years, 5333 1 / 3 acres."
And that on the 4 th of Jany 1805— Capt John Harris of the Navy received 4000 acres for  for the war.
I really cannot answer your inquiry in relation to Capt Harris directly. Were I not under the impression that there were two Capts John Harris, in the state Navy, I could give you at perhaps a more satisfactory answer.

There are accounts in this office made out against Capt John Harris of the Cornwall after Jan'y 1781 -
Yours &c.
R Johnston
P.S. I send you also the Copy of Col Innes letter fixing the time of Capt Harris death in March 1783 -
R J

James L Edwards Esq Comm d of Leans - Washington

Richmond May 28 th 1850
James L. Edwards Esq Commissioner of Pensions.
Dear Sir,
I send you enclosed copies of certain papers filed in the Executive department of Va in support of the application made in the year 1835 by the late Doctor James D. M c Gaw for additional land bounty in the case of Captain John Harris of the Revolutionary Navy of whom Mrs M c Gaw, the wife of the Doctor, was the only devisee. The claim was allowed.
I understand these papers will be necessary in an application of Dr Jas B. M c Gaw now under your consideration.
Very resp t
Yours Ob ly
J. Brown

Dec 11 '45
J. L. Edwards Esq.
Commissioner of Pensions Washington City
from the Auditor of Va, Re: Capt Harris Forth

Auditor's Office Va. 8 Dec r 1845
Sir
Your two letters of the 3 d & 5 th inst are before me, and although overwhelmed with official engagements I seize the first moment to answer you. Capt Harris was reported by the Navy Board convened to decide what officers were entitled to Half pay with the remark "since dead" — There is no evidence known to this department that Mark Thomas was in service after Dec r 1781 and none to show that Lieutenant Speake, Lieutenant Healey or Sailing Master Dobson were in service after the destruction of the fleet in April 1781 — or after the reduction of the Virginia Navy.
Very respectfully,
Yrs
J. W. Ed. Heath

John Harris
Act 5 July 1832
John Harris
5 July 32
June 2 nd 1836

James D. McCaw who married the kin and divisee of Captain John Harris respectfully represents that the said Harris entered the Navy of Virginia at the commencement of the Revolutionary War and served faithfully until he became Supernumerary, when the Army and Navy of the State were reduced in the year 1780-81. (See Kennings Statutes at large Vol. 10 th page 449). The Board of Officers who were convened for the purpose of deciding and reporting who were entitled to half pay report Cap. Harris as entitled and at the same time report his death. His representative claims the half pay from the time he became Supernumerary by the Act of Assembly until March 1783 when he died which it is hoped will be allowed.
M c Lambert atty for J. D. M. C.

Mr. Robert Stewart, historian, of Richmond, Va., visited this section & found this paper in his claims, To which he said it did not belong, that knowing the records of both men, he was positive that they were not identical.
M.W.F. 1933

Washington 18 Dec. 1845.
Sir,
In answer to your letter of the 5 th inst. I have to say that in the case of Capt. John Harris, half pay under the act of Congress of the 5 th July 1832 is claimed from the reduction of the Navy, say 1 st January 1782, to March 1783. That half pay is due, in this case, is proved by the very highest authority. Viz. - The Report of the Board of Officers which sat at Richmond, for the purpose of ascertaining who were entitled, in May 1784. See Rept. N o 191. to the House of Representatives 1 st Sess. 22 Cong. where John Harris is returned to have been entitled and to have died after having acquired the right to the half pay. -
Yours very respectfully Francis A. Dickinson.
James L. Edwards Esq. Com r : of Pensions.

May 18/50
Into Harris deed
u s 1/2 pay
Cont.

Washington, 16 May, '50.
Hon: Mr. Edwards, Com d of Pensions.
Sir,
I beg leave to request, that you will decide the case of the representative of John Harris, dec d a Captain in the Navy of Virginia in the Revolution. Con- sidering the decision of the legal question submitted by me as decisive of the right of Captain Harris' Administra- tor's compensation and interest, I have that at present before you, reserving the right to present other views if I should deem it necessary.
I have the honor to be,
Very res t N. G.
R. Wallace. Agent, &c.

Williamsburg Feb'y 9 th 1784.
In the Spring year 1776 I do certify, that the late Captain John Harris was a Lieutenant in the Navy of this State and did duty in that station, on board the Manly Galley on the Eastern shore, when I acted as Major of the 7 th Regiment at that time stationed at Northampton Court House — In 1777 I do also know that Captain Harris was promoted to the command of the armed Privateer called the Merguito and in the capacity of Captain and Commander sailed on a cruise to the West Indies in which I have every reason to believe he was taken and carried with his men a prisoner to Futon Jail in the Island of Great Britain — In the winter of 1779 and eighty he returned from his Captivity at which period I was a member of the board of War and I do certify that he produced his commission as a Captain of the Navy and required service as such — Captain Harris never resigned his Commission but always steadily persevered to serve this Country — He died in March 1783.
Job. Innes.
Executive Department.
Richmond Va May 25 1836.
The above is a true copy of the original paper filed in this department
Y. H. Richardson Secy Com tee .

John Harris dub Act July 5 1832
Jan 17 1846
Record Vol 103 page 176

Pension Office January 17 th 1846
I certify that I have examined the case of John Harris, deceased; and I find that he was a captain in the Virginia State Navy; that he served till the reduction of that Navy on the 1 st of January 1782, and died on or about in March 1783; and that the case is embraced by the provisions of the act of July 5 th 1832. I therefore certify that half-pay pay is due to the legal representatives of said Harris from the first of January 1782 to the first of March 1783, at the rate of Two Hundred and Fifty Dollars and ninety three cents per annum; and that the amount is payable to Henry Wallcup, administrator of said John Harris, deceased.
Approved E Commissioner of Pensions
Secretary of War

Mem o . In support of the petition of the Adm rs of John Harris, a Captain in the Navy of Virginia in the revolution.
1 st The original petition for half pay was allowed by Commissioner Edwards on the 17 January 1846. It is stated by the Commissioner that Captain Harris served till the reduction of the Navy 1 st of January 1782, and that he died in March '83.
It is insisted that by the act reducing the Navy he became at once, and all others entitled to half pay from the close of the war to his half pay for, as to him, and them, by the act of the government the war was declared to be ended. But if the day of payment should be considered as properly postponed to the termination of the war, and not to be computed from the date of the act reducing the Navy, it is too manifest to admit of doubt, that Captain Harris must by every fair legal intendment, and by every consideration of justice, be declared to be entitled to all the benefits of all the laws passed in regard to the half pay, or commutation and interest, to which any officer was entitled under them.
But it has been

been carefully said, that Captain Harris' death from some day in April 83, released the government from her position obligations to him, to allow him half pay, or commutation of interest. This is a great error - the government of her own motion, and I have no doubt against his will, released him from further compliance with his engagements, and had not the injustice to attempt to release herself from her obligations to him.
If then views as is confidently believed meet those of Mr. Commissioner Edwards , the death of Capt. Harris at a period later than that fixed upon on the former allowance, is easily established by the record.
All of which is respectfully
submitted —
May 30 —
R. Wallace. Agent for Col. Matthew Dahl. of Harris.