Pension Application for John Frey
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?
In order to obtain the benefit of the act of Congress of the 7th of June 1832.
State of New York
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
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
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