Pension Application of John Thomas R100
Transcribed and annotated by C. Leon Harris
To the Hon. Congress of the United States. [Referred to Committee on Revolutionary Claims 20 Dec1838.]The memorial of William Thomas [blank] Thomas and [blank space] at present of the County ofAlexandria in the District of Columbia, represent that they are the only heirs of John Thomas deceasedwho was a Captain in the Virginia State Navy during the whole Revolutionary war from early in the year1776 to the close. They state that in June 1776, as is shewn by the certificate of Capt. Robert Conwaymarked A and accompanying this memorial, their father was Capt. in said Navy and they shew by theDepositions of Elizabeth Jones, James Nightingale, & John S. Kesterson [John Smith Kesterson] in therecord marked B and by the Deposition of Richard Cockerill marked C that their said father served to theclose of the said War and if so, they respectfully state that they are entitled to the releif given by the act ofCongress of July 5 1832, but the same has been refused them by the Commissioner of RevolutionarythPensions for the reason [that John Thomas did not serve to the end of the war] given in his letter of June[page torn; 15] 1838, marked D and accompanying this memo[ria]l – [letter not transcribed here]If the fact was a stated in the letter of the said Commissioner, your memorialists would not askfor releif, but they deny that fact most positively, and say that no record does shew that their fatherresigned in 1779 – The only record as the Commissioner calls it, is a certificate of James Innes dated in1785 in which he says “to my best recollection John Thomas resigned in the month of June or July 1779"the records do not shew any resignation or note of it, and what the Commissioner calls “records” is but aCertificate from “recollection” not positive of Mr Innes. See the Certificate in same exhibit A first referredto, which is a certified copy from the Executive of Virginia. It will be seen that Mr Innes, whose certificateis 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 hisrecollection” would be prima facie evidence of the fact, but his “recollection” being only uncertain andnot positive, for if he had been certain of the fact, he would so have stated, is positively contradicted, notonly by the evidence produced, but by the record itself, for so far from Capt. Thomas having resigned inJune or July 1779, as stated to have been the case from the best of the “recollection” of Mr. Innes it will beseen by referring to Page 3 of copy B that Capt Thomas was in Command and had not resigned upon therd10 September 1799 [sic] when he discharged his Boatswain Matthew Nightingale. This shews that thememory of Mr Innes deceived him in this respect and shews also that he spoke alone from imperfectmemory ac[page torn]aray the force which the Commission[er] placed upon Innes Certificate, shews it tobe imperfect and lets in the testimony of the four respectable Witnesses referred to, who establish the fact,beyond a doubt that Capt. Thomas did serve to the end of the Revolutionary war.Three of the Witnesses, viz, Nightingale, Kesterson and Cockeril speak of their own personalknowledge and swear to the direct fact that Capt. Thomas served as Captain to the end of the war. theother Witnesses 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 theHonorable Mr. Taliaferro, a member of your body in certifying to Kesterson and Cockerill’s charactersdoes it in these positive terms, first as to Kesterson after saying that for 38 years he had been intimatelyacquainted with him, says “He knows no man more to be relied on for the truth of any statement he maymake” – see Page 7 of exhibit B, and in speaking of Cockerill he says he is “a respectable & credible manentirely to be relied on for the correctness of any statements made by him” – see certificate at bottom ofCockerill’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 [page torn] fact and your memorialists appeal to your Hon[orable] body to extend to them the releif contaplated by the Law of July 5 1832thYour memorialists further state that in add to the bounty Land allowed their father for threeyears service, they are entitled to receive a additional number of acres for the time he served over thatPeriod, and they also ask for a same quantiy their bounty Land [?] from June 1776 to the close of the war,[two illegible words] The quantity of Land already received as shewn by exhibit C being a letter from MrSeder[?] at the head of the Land office of Virginia.Your memorialists pray y’r. Honorable body to take their case into consideration and to grantthem relief by passing a law for the relief of the heirs of s’d Capt. Thomas and as in duty bound they willever pray &c –
William Thomas
Thomas Thomas
by their attorneys in fact Brent & Brent
Your memorialists further shew by the affidavit marked F that their father was Capt in the Navyas early as commencement of the year 1776 on board the “Congress”
I do hereby certifie that Capt. John Thomas enlisted on board the Protector Galley as Lieutenant17 June 1776 & Novem’r. following I resigned, and he was gave the command of s’d. Galleyth
Rob’t. Conway
Richmond, Nov’r. 9 1785thAccording to my best recollection I do hereby certifie that John Thomas resigned his commissionof Captain in the Navy of this Commonwealth sometime in the month of June or July in the year 1779 – atwhich period I was President of the board of war.Jas Innes
Pass’d Capt. Thomas’s claim/ Cha. Jones Com’r. [Charles Jones]
[Elizabeth Jones and Richard Cockerill each certified that they were acquainted with John Thomas inNorthumberland County VA where he lived, and that they had heard that he was a Captain in the Navyuntil the end of the war. On 10 May 1838 James Nightingale, about 61, native of Northumberland Countyand only son of Matthew Nightingale, stated that he understood from his father that John Thomas servedto the close of the war.]
This is to certifie that Mathew Nightingale inlisted with me the 10 day of September 1776 tothserve in the Navy as Boatswain, for the term of three years, which term he served truly and faithfully andis hereby discharged. Given under my hand this 10 day of September 1779.thCopyJohn Thomas Capt./ Protector GalleyMay 16 1784. I do hereby authorise Mr. Samuel Blackwell to receive my Land Warrant asthwitness my hand.Mathew hisXmark Nightingale.TesteSam’l Blackwell junr:/ Edward Downing.[Copy certified 17 Jul 1837]Northumberland County Va. —This day personally appeared before me William Lowery [William Lowry] and made oath that hepersonally knows Wm. Thomas to be the son of Capt. John Thomas, who was capt. of the Protector Galleyof the Virginia line Navy, during the Revolutionary war. And that he the s’d. Lowery served under s’d.Thomas for three years. Given under my hand this 12 Oct. 1830.Jno. BLACKWELLFairfax County to wit:The affidavit of Charles L. Broadwater [Charles Lewis Broadwater, pension application S8096](who states that he is 86 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 thesloop Congress as 1. Midshipman, at Alexandria, sometime in the commencement of the year 1776 – andstsailed from thence on the ninth day of March in the same year. The following officers were attached to theCongress when she sailed, and at the time he, the said Charles L. Broadwater joined her to wit:Commodore John Boutcher [sic: John Boucher], William Skinner 1. Capt. and John Thomas 2. Capt. Hestdfurther states that the crew of the Congress were discharged on the 27 day of November at Little Yorkthbut, that he has reason to believe that Captain Thomas continued in the service as he saw him some timeafter at Williamsburg in full uniform. He farther sayeth that these facts are more fully impressed upon hismind, from the circumstance that he hath in his possession a sea book, in which memorandums weremade at the time.
[signed] Chas. L. Broadwater
I John S Kesterson of the County of Northumberland in the state of Virginia do hereby certify that JohnThomas of the County aforesaid, was sometime before or about the year 1777 appointed to the commandas captain of a Row Galley in the naval service of the state of Virginia – That the said Galley was capturedand burned on the 7th of July 1779 at Wicomico Warehouse in the County of Northumberland; afterwhich the said Thomas with the men under his command were transfered to Ship Dragon of the Virginianavy – that after remaining a short time on the Dragon, capt Thomas returned to NorthumberlandCounty and was put on board the ship Washington, commanded by capt Blackwell at that time, on whichsd Thomas acted as mate, which ship was sent out by order of the government in the year 1780, forLOrion [probably Lorient] in France – That on the voyage the said ship captured two prizes, a sloop andbrig, belonging to the British – that the sd prizes were taken into the port to which the sd ship wasdestined, and the sloop sold. Capt Thomas was put in command of the captured Brig for the purpose ofbringing her over to the United States – that on his passage to the United states, the said Brig waswrecked on the shoals of Cape Hatteras – that capt Thomas was then ordered to take charge of a quantityof arms which had been deposited at the house of Thomas Betts’ in Northumberland County Virginia –that he continued in the possession of the said arms, untill the conclusion of the war, and then deliveredthem to the militia of Virginia. This deponent states the fact distinctly, that captain Thomas continued inthe service till the conclusion of the war.
[signed 31 Jan 1834] John S Kesterson
[Edward Sorrel (Sorrell), pension application W26493, made a similar statement on 5 Feb 1834.]
[On 30 Mar 1838 Kesterson made a statement that repeats the information in the following, except for thisexcerpt: “This Deponent further saith that the whole time of said Capt. Thomas, during his said serviceswas devoted to his naval services for his Country without intermission, and He was a devoted Patriot andhad the cause of his Country much at Heart and did not Cease that cause until after it was gained.”]Washington County,/ District of Columbia, to witUpon this 2 day of April 1838 before me a justice of the Peace for the County aforesaid, appearsndJohn S. Kesterson, a competent Witness aged about seventy or more years and makes oath, that He is aresident of Northumberland County Virginia, where he was born and has resided ever since and that Hewas well and intimately acquainted with the late Capt. John Thomas of the Virginia State Navy duringthe revolutionthat he resided from one to two miles from him and knew him and his family well. ThatHe knew said Thomas when he was a Captain on board the “Congress” the “ Protector Galley” and the“Dragon” and other Vessels in the [illegible word] service and to his knowledge he remained in thepublic service from the time he first entered the navy until the close of the Revolutionary War andsome[?] months after the close, when he was appointed to take charge of the state arms inNorthumberland. That the said Capt. Thomas’s wife resided at his place near to this Deponent and aboutthree miles from the Wicomico, where his Vessel generally laid, when he came to visit his wife and thatduring the whole war and to its close, he often saw him on visits to his family, – That he generally came every two or four weeks as circumstances would allow and at no time was He more than four or sixmonths absent from visiting his wife and that this Deponent is certain and positive, without any mistakeas to the fact of his being in the service aforesaid, as Captain during the whole Revolutionary war anduntil its close and peace was made – He is as certain of it as if he had been by his side during everymoment of the time and cannot conceive How any doubt about it could have been expressed. ThisDeponent has seen the statement made by James Innes President of the board of War, in which He says“to the best of my recollection John Thomas resigned his commission of Captainin the Navy of thisCommonwealth in the month of June or July 1779.” This statement was erroneous and not so. It is notstated to be positively so, but only “to the best of his recollection” and he fell into the error in this way –Upon the 9 day of June 1779, the “Protector” was burned in Wicomico River by the British and Capt.thThomas and his men were transferred to the “Dragon” on which Deponent saw him often afterward, aswell as on board of other vessels, until the close of the war. The impression as to resignation in June orJuly 1779 must have arisen alone from the circumstance of his vessel the “Protector” being burned. ThisDeponent states that he saw the “Protector” on fire on the day mentioned and it happened in this war.Capt. Thomas “Hove her out” to repair, and the British attacked her in that situation, when her gunscould not be used. Capt. Thomas and his men resisted gallantly with musquetry, but were driven off bythe Canon of the British and under cover of their canon they burnt the “Protector” – This Deponent sayshe speaks not from what he heard others say, but from what he knows himself and saw with his owneyes, and he so speaks in every statement made by him in this deposition. This Deponent says that the[illegible word] made by him are as fresh in his memory as if they had occurred on yesterday and that nomans memory is better or more faithful than his at this time and that his mind feels as vigorous as it everdid and his bodily health fine and robust.This Deponent says that Capt. Thomas died in 1796 and was much attached to Military life to theday of his death and dwelt with great enthusiasm and pride upon his Services during the Revolution.This Deponent again repeats, that Capt. Thomas served in the Virginia [illegible word] state Navy, asCapt. from the time he entered it until the close and end of the war and was among the last who returnedafter the war and then was in the public service as before stated and in one way or the other unto the dayof his death, and if any officer did serve during the whole war and to its close and after, it was Capt. JohnThomas, who did it, to the knowledge and personal eye observation of this Deponent, and if the old menof those days were living Hundreds could testify it, but unfortunately all are dead who could know thesethings or are removed to parts unknown to this Deponent and this Deponent now stands, alone, of all theacquaintances of Capt. Thomas, that he knows of.This Deponent says he is neither directly or indirectly interested in the claim of Capt. Thomasheirs and cares not one cent, whether they get it or not, more than he thinks the heirs of so gallant anofficer, who fought for his Country during the whole revolution ought to have the due justice done them,as has been shewn to others.
William Lowery and [blank] appleby who testified as this Deponent is informed in the claimsome years ago, could have known the [illegible word] facts if interrogated to that effect as they servedunder Capt. Thomas a part of the time, and saw him in service during the war and to its close, but thisDeponent has heard they are both now dead.It is further certified by me the aforesaid Justice of the Peace of the County aforesaid, that fromreputation this Deponent bears an excellent character for truth and that his statements are entitled to thefullest credit – This Deponent further states, that he still is a resident of Northumberland County Virginia and that thisdeposition being given where it is taken, proceeds from his been on a visit to this place and inconsequence of his informing the heirs of said Thomas that he personally knew of the services of theirfather. This deponent further saith, that Capt. Thomas wore his full dress uniform as Capt of the Navyduring his whole service and to the close of the war and Depont saw him always so dressed.
John S KestersonThe Deponent further states that Capt. Thomas did not resign his commission in 1799 [sic]. He is positiveof it. That he this Deponent saw his commission in his possession and read it after the war and it was asCaptain during the war – The statment that he resigned is not so. This Deponent speaks positivelyJohn S KestersonSworn and subscribed to before me Geo. Naylor J.P.I certify that I have known John S. Kesterson, about thirty eight years last past, intimately. And Iknow him be as worthy of credit for any statements made by him as any individual whatever. Givenunder my hand the date above
John Taliaferro M:C: [Member of Congress]
Wednesday the 26th day of August 1778.This Board doth recommend to his Excellency the Governor and the Hon’ble the CouncilLieutenant John Thomas as a proper person to be appointed a Captain in the Navy of thisCommonwealth.[Copy from page 455 of the Naval Journal, certified by the Auditor’s Office in Richmond on 11 Jan 1851.]Saturday the 19th day of June 1779.Ordered that a warrant issue to Captain John Thomas for one hundred pounds on account topurchase necessaries for the use of the Navy.[Copy from page 58 of the Journals of the Navy Board certified by the Auditor’s Office on 20 Jan 1851.][The 1838 petition above was rejected for two reasons: 1) the act of 5 July 1832 did not specify navalofficers, and 2) it covered only officers who served to the end of the war or who retired as supernumerary(having no troops to command). Among the 128 pages in this file are numerous documents relating tothese two points. Only those that add information are transcribed here. In 1851 William Thomas againpetitioned the Senate and House of Representatives, and on 3 March 1851 the Committee onRevolutionary Pensions decided in his favor. Regarding point 1) the committee noted that in May 1780Virginia enacted legislation putting officers in the state navy on equal footing with army officers. In 1830that act was upheld by a state appeals court for heirs of Captain Thomas Lilly who died in 1798. Thus theact of 1832 automatically included naval officers. The arguments made in the 1851 petition aresummarized below.]
The case of Capt John Thomas briefly stated.He was a Captain the 26 August 1778.thIt is clearly shewn that he tendered his resignation in the Summer of 1779. In Colo. InnesCertificate. It is most certain that the resignation was not accepted. An officer had not the right to resignat 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 theranks, & sent into service as a private. The following summary negatives the resignation.1. A roll of resigned officers was kept in Richmond. His name is not on that roll. Two copies of that rollstare here, & on neither is the name of Capt. Thomas. [Rolls not found in the file.]2. He was on the Protector Gally doing duty as Captain on the 10 day of September 1779. Hedlythsubscribed his name, as Captain. On that day he discharged Matthew Nightingale from service. Virginiarecognized that act as one of official duty performed on the 10 Septr 1779 by Captain John Thomas, andthbottomed the allowances of Land to the claimant upon that official act. Had he been out of office on thatday, the heaviest penalties of the Civil & Military law for that act would have fallen upon him. He wouldhave been obnoxious to legal punishment & to the infamy that he could not have escaped.3. The certificate for depreciation of pay as Captain is an unerring proof that he remained in service to the 9 Feby 1780. The poverty of the State Treasury, the caution the State officers in making suchthsettlements, forbade the possibility of a larger payment, than for services rendered, & for what was reallydone. When this settlement was made – when the certificate was given Nightingale – the facts were allbefore living witnesses, of the services & the truth, and it is impossible, that they can speak a falsehood. Ilearn from Mr Vincent that a paper is in your office from Commodore [James] Barron in which he writesthat it sometimes happened for officers of the Navy in a temporary fit of displeasure to write & send intheir resignations, which were of course rec’d. but not accepted – and such officers (when the fret wasover) resumed their duty. Nothing can be clearer, from the written testimony before you than that JohnThomas was a Captain on duty the 10 Septr 1779 and that he rec’d. his depreciation certificate for duty &thpay to February 1780. Figures cannot err and there they are.4 The allowance of Land Bounty for 5333a acres in 1783 is in [illegible word] for it, which in mythlyopinion is entitled to great weight. Had he resigned his office in the Summer of 1779 it seems to meimpossible for him to have obtained Land bounty for this quantity.5 The claim has a solid record [illegible word] & with this basis, it is admissible that the testimony ofthlywitnesses be heard. Colo Broadwater, I knew to have been a man of respectability. The other witnessesare vouched for as to credibility by others – as is Colo Broadwater. If this evidence be let in & believed, itplaces the claim beyond all cavil or doubt. And why shall it not be admitted and believed?I have a letter from Richmond that the Navy Rolls show nothing of Capt Thomas’s resignation. I have sentfor a certificate from the Auditor to that effect.J. S. Barbour/ Counsel for Wm ThomasAdmin of Jno Thomas of the State Navy of VaWashingtonMarch 15 1851.in the War of Revolution
[The Committee on Revolutionary Pensions referred the case back to the Commissioner of Pensions, withthe following result.]Pension Office/ March 20 1851.thI 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 July 1832, for services in the Virginia State line in the Revolution, andthfind that the said John Thomas was appointed a Lieutenant in the State Navy of Virginia in June 1776, andwas promoted to a Captaincy on the 26 of August 1778, and continued in service until about the 24ththJanuary 1780, when he retired from the service as a Supernumerary Officer, and that he was entitled toHalf pay at the rate of two hundred and fifty dollars and ninety three cents, per annum, from the 24 ofthJanuary 1780, to the 1 of January 1796, when he died. The amount is payable to Thomas Thomas,stAdministrator of said John Thomas, deceased, under act 5 July 1832.J E HeaththApproved Alex’r H. H. Stuart/ Secretary of the InteriorCommissioner of PensionsNOTE: On 10 March 1851 William Thomas of Washington County DC stated that he and his brother,Thomas Thomas of Alexandria VA, were the only children of John Thomas, a Captain in the VirginiaNavy during the Revolutionary War, who died about 1 July 1796, as they were informed by their latemother. This letter was apparently prompted by events related in the following letter:Washington City12 April 1851thHonble Sir/ A man by the name of Pascoe[?] called on me yesterday and in a very ungentlemanly mannerstated that he had called at your department, to examine the papers in relation to my Fathers half paycase, and that my brother & myself suppressed the fact that my Father had grand children livingIn reply I have the honor to inform you that he has been guilty of falsehood and it is what he iscapable of doingMy brother and myself are the only children there being no widowwe or either of uswas entitled to the administration in preference to a grand child if she were of age, or the world! I livehere, and all the sureties do also And the money was payable here also. The department refused in allcases to pay to any one except to the executor or administrator. So the administrator receives the money and it is his business to make distribution to those lawfully entitled, which my brother and myselfintends doing having regard at the same time for our own services, and expenses of the case. and theformer distribution of the land warrant. without being asked or driven by a man for his own personalbenefit, who has never in any manner spent one dollar of 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 aservant of her as I have been lately informed, altho the condition of the parties ought to have beenreversed. Whatever the girl may be entitled to if any thing will never go into his hands but into hands of aduly qualified guardian having correct Ideas of law & truthWe give a Bond in the penalty of $5000, and we received less than $4000. and I state the propertyof Mr. Thecker and the other sureties are worth at least $15000; I trust that it takes men of standing toeffect me or my Brother who must not only assert but prove also at your department. I hope sir you dome the honor to read this letter and have it filed among the papers in the caseIn conclusion I have the honor to be your obt s’t
William Thomas
Hon John S Galaher/ 3 Auditor
http://www.revwarapps.org/r100.5.pdf
