Morrison's Pensions
Pension Application for John Frey
S27.820
State of New York
Montgomery County SS
On this
26th day of April 1824 before me A H. Van Alycka Justice of the Peace in and
for the County of Montgomery personally appeared, John Frey, who being by me
duly sworn, saith that he is the same person who was formerly a Brigade Major
to Brigadier General Herkimer, and who is named and intended in the certificate
hereunto annexed.
That this
deponent has been informed and believes to be true that his name was placed
on the pension roll of the State of New York.
That no
certificate of that part under the signature and seal of the Secretary of War
was ever received by him, and he verily believes, and that he now wishes to
receive such a certificate.
That his
name was placed on the Pension Roll and the State of New York as he has been
informed and believes to be true, by aid and interference of Abraham Ten Broeck
and Peter Gansevoort Junior under whose signature a certificate in his behalf
was made. That
he does not now recollect that he ever was in possession of that certificate
but that he has uniformly been in possession of copies thereof and that the
said certificate, is of the tenor and purport as follows, as he believes to
be true.
“We
the subscribed Abraham Ten Broeck and Peter Gansvoort Junior do certify,
that upon an examination in pursuance of the law entitled “an act making
provision for officers & soldiers and seamen who have been disabled in
the service of the United States passed the 22d day of April 1786” we
do find that John Frey residing in the State of New York aged Forty Seven years,
late a Major Brigadier to Brigadier General Herkimer and claiming relief under
the said act as above as recited in said law as was an invalid in fact and
in that became disabled in the service of the United States in consequence
of a wound in his left arm on the 6th day of August 1777 at the Battle at
Eriskie [Oriskany].
And we do
further certify the said John Frey that under the provisions of the said
act of Congress the said John Frey is entitled to the pay of twenty five dollars
per month, given under our hands at the City of Albany on the 14th day of
September in the year of our Lord one thousand seven hundred and eighty six. Abm
Ten Broeck, Peter Gansvooort Junr. And further this deponent saith
not. (Signed) John Frey
Sworn and
subscribed to before me the day and year aforesaid. (Signed) A. H. Van Slyck,
Justice of the Peace in and for the County of Montgomery.
State of New York
By his Excellency
George Clinton Esq., Governor of the State of New York &c &c.
This may
certify that John Frey Esq proof has been shewn to me that John Frey Esq on
the 6th day of August 1777 at the Battle of Oriska then acting as Brigade Major
to General Harkimer who had drawn forth his Brigade of Militia of this state
for the relief of Fort Schuyler when invested by the common enemy received
a wound in his left arm through the Joint which has disabled him and is incapable
of getting ??? and I am of opinion that an exception should be made with favour
and an exemption granted him from performing guard or garrison duty he having
a family & being also peculiarly circumstanced.
Given at
Pokeepsie 25 March 1782. (Signed) Geo. Clinton
The foregoing
is a true copy taken from the original. Peter Curtinus State?
Declaration
In order
to obtain the benefit of the act of Congress of the 7th of June 1832.
State of New York
Montgomery County
On the Eleventh
day of September 1844, personally appeared in open court before the Court of
Common Pleas now sitting John Frey a resident of said county and state, who
being first duly sworn according to law, doth on his oath make the following
declaration as the executor upon the estate of John Frey deceased late of the
County of Montgomery, in order to obtain the benefit of the act of Congress
passed the 7th June 1832.
And stateth,
the no memorandum papers, paper, nor documents appear to have been left by
said John Frey of his revolutionary services, or appointment as a brigade Major;
in the absence therefore, of any original papers the declarant in right of
the said John Frey would present as evidence, 1st a Certificate from the Dept.
Sec. of State of New York, shewing that on the 5th Sept. 1776 it was “Ordered
that John Frey, Esq. be appointed Brigade Major &c.” And in
paper marked No. 2 it is shown he received an invalid pension in consequence
of a wound he received on the 6th August 1777 in the Battle of Oriscany while
in service as a Brigade Major in the regiment of militia commanded by Col.
Jacob Klock.
In paper
No. 3 in an account made out by John Frey vs. the State of New York, a charge
is made in 1782, 84: for two years half pay (£ crossed out) 240 and a
deduction is made in the same a/c of £147.6.8 being the Am. of wages
while in captivity.
It will
be observed in paper No. 1 under the date of the 5th Sept 1776, John Frey was
re-appointed a Brigade Major, thus shewing he held the same appointment prior
to that date. Reference is respectfully requested to the “Life
of Joseph Brant by W.L. Stone Vol. 1 page 249 wherein it is stated on the night
of the battle (the 6th August 1777) Col. Bellinger and Major Frey were prisoners;
but how long said Frey remained as a prisoner it is not stated; but it would
appear by Paper No. 3 that in making out an ac [account]. against the State
of New York as an invalid the sum of £147.6.8 deducted for half pay while
in captivity. By this it would seem said, Frey remained in captivity
for some time after the 6th August 1777.
The declarant
cannot state with precision the direction of John Frey’s service as a
Brigade Major, but from the well known fact, of the continued and arduous service
of the militia under Gen’l Herkimer in Tryon County in the State of New
York, it is believed the active service of said John Frey including the time
of his captivity was upward of two years; the records of Col. Jacob Klock’s
Regt and the list of prisoners in the campaign if any such exist in the department,
may illustrate the fact now desired. The papers accompanying this declaration
and the references begged to be referred to, as requested to be considered
as a part of this declaration, and a claim is therefore asserted for the benefit
of the act 7th June 1832 from the 4th March 1831 to the 19 of April 1833 when
said John Frey died as will be shown by the evidence filed in his case as a
revolutionary pensioner on the New York agency.
And he hereby
relinquishes every claim whatever to a pension or annuity except the present.
(Signed) John Frey Executor &c.
Sworn to
and subscribed the day and year aforesaid in open court.
(Signed) C.S. Brumley, clerk of Court of Com. Pleas
I Chester
S. Brumley Clerk of the Court of Montgomery do hereby certify that the foregoing
contains the original proceedings of the said court in the matter of the applicant
John Frey for a pension on right of Brigade Major John Frey, decd.
In testimony
whereof I have hereunto set my hand and affixed the seal of the said county
this 11th day of September 1844.
(Signed) C.S. Brumley, clerk of Mont. County and Clerk of the Court of Common
Pleas of said county.
State of New York
Montgomery County SS
John Frey
being duly sworn doth depose and say that Major John Frey late of the Town
of Palatine in the county & state aforesaid died on the 19 day of April
1833 without leaving a widow and that no child or children survive him, that
this deponent was his executor. (Signed) John Frey
Subscribed
and sworn to in open court this 11th day of March 1845 before me. (Signed)
C.S. Brumley, Clerk of Montgomery
State of New York
Montgomery County
Common Plea Court
I, Chester
S. Brumley clerk of said county and Clerk of the Court of Common Pleas of said
county do hereby certify that satisfactory evidence has been addressed to said
court while in session that Major John Frey late of the Town of Palatine county & state
aforesaid died on the 19th day of April 1833 without leaving any widow and
that no child or children survived him and that John Frey above named was his
executor.
In testimony
whereof I have hereunto set my hand and affixed the seal of the said court
this 11th day of March AD 1845.
(Signed) Chester S. Brumley
(Bad handwriting in this letter.)
Washington Dec 26, 1866
Sir:
In your
letter 25th ulto in the case of John Frey dec’d late of New York; you
state “By reference to his papers as an invalid pension, no information
is afforded, except that he was allowed by the State of New York a pension
for a wound received on the 6th August 1777 was the date of his wound, and
that in 1782. Gov. Clinton gave him a certificate that he had been so
disabled by that wound that he aught to be exempt from guard and garrison duty.”
Gov. further
states: “The militia on the period or the Battle of Oriskany were in
service a few days only and that “he was not in service subsequently,
but “he was entitled on his captivity if its length can be shewn with
the required certainty.”
I herewith
enclose a certificate from the Dept. Comp. of the State of New York showing
on the 22 April 1786 he was allowed 14m 22d for pay while in captivity at the
rate of 50% Per month from the 6 Augt 1777 to the 28 October 1778 which is
conclusive evidence, that at that early date when the facts and incidents were
put to recollection the auditor allowed the pay while in captivity which I
believe is satisfactory in your mind to fix the time also.
It May be
true as you state, the militia at the period of the Battle of Oriskany were
in service a few days. Is it not reasonable to infer of the militia men
were out a few days in service that the general officers were always considered
in service, more particularly the Brigade Major or the commanding officer. Is
it not to be supposed, that their right appointments could have been made,
under every necessity for a call of the militia, which the history of the time
or that period shown to have been alarmed daily. The Legislature of the
State of New York I believe confers. The appointment of Brigade Major
and higher officer were not always in session. Make it the main the more
satisfied to my mind that the appointment of Brigade Major was not made for
any given time; but always in readiness to meet any demand for militia services. So
that, although the militia as one body may not have served for one mo. Or for
12 mos it is not conclusive evidence, that the commanding officers were not
in service. Under this interpretation it seems to me it would be no
strained decision to acknowledge that Brigade Major Frey was in service from
the 5 Sep. 1776 to the 6 Augt 1777. When he was captured, or so much
of the time to make up the two years service reckoning the 14 m and 22d while
in captivity.
Major Frey
died without leaving a widow as the clerk of the court certificate states,
I believe the executor is the only heir.
Very respectfully, your obedient servant.
J.L. Edwards Com. of Pension