Revolutionary War Pension and Bounty Land Warrant Application File S. 16,498, for James Otterson, New Hampshire
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(3-1776)
SERVICE: N.H.
Otterson, James   
NUMBER: S. 16498

carded
CONTENTS [blank]
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1624
New Hampshire
James Otterson
of Hookset in the State of NH
who was a Private in the company commanded
by Captain [BLANK] of the Regt commanded 
by Col Senter in the NH
line for 8 mos

Inscribed on the Roll of NH 
at the rate of 26 Dollars 66 Cents per annum,
to commence on the 4th day of March, 1831

Certificate of Pension issued the 8th day of Nov 1832
and sent Joseph 
[illegible] Concord NH

Arrears to 4th of Sept 1832  $39.99
Semi=ant. allowance ending 21 Mar 33 13.33
$53.32

{Revolutionary Claim, Act June 7, 1832}

Recorded by J H McBlair Clerk
Book D vol 1st Page 174
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[handwritten]

James Otterson
No 10.053
J. C. West
Concord
N. H.
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BRIEF in the case of James Otterson
of Hooksett in the State of New Hampshire
(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? [blank]

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.
[BLANK] | Years, Months, Days. | As a | Gen.
[illegible] In 1776 | - [years]  2 [months]  [26 days scratched out] | Private |  Buntore Capt / Maj Scammell
Summer 77 | " [years]  6 [months]  " [days] | " [rank] | Capt Mornsten, Col. Senter

5. In what battles was he engaged? nine stated

6. Where did he reside when he entered the service? Pembroke

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  living witnesses

8. Are the papers defective as to form or authentication? an if so, in what respect? Correct

* Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned

D D Addison [signed]
Examining Clerk
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[handwritten]

James Otterson
Hooksett
10.053
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DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832,

State of New Hampshire, County of Merrimack} ss.

On this 28th day of August 1832, personally appeared in open Court before the Judge of the County Probate foresaid County, now sitting, James Otterson, a resident of Hooksett in the County of Merrimack and State of N. H. aged 74 years, who being first 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 7, 1832. 

That he entered the service of the United States under the following named officers, and served as herein stated - 

That he enlisted in Pembroke in County of Merrimack and State of New Hampshire for six weeks, the [illegible] of 1775 of 1st of 1776 and marched to Winter Hill & served the six weeks under Capt Buntine and continued in the same service two weeks longer by request of Gen. Sullivan & Maj Scammell the new troops not having arrived.

That he enlisted in Pembroke aforesaid in the summer of 1777 (cannot state the month) for six months under Capt Murston and marched to Portsmouth NH, remained there about one month, then to Rhode Island & served the remainder of the six months. That during this service he was in the Regiment commanded by Col. Senter. That he actually served in al eight months as above stated. That he [illegible crossed out] [illegible] acquainted with Gen John Stork who was at Winter Hill during the eight week [illegible].
That he has no documentary evidence & that he [inserted] knows of no person whose testimony he can procure; who can testify to his service excepting the testimony of Joshua Abbot annexed.  [illegible] John Beacon, sworn and subscribed to.

He hereby relinquishes every claim whatever to a pension or annuity 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 28th day of August A.D. 1832.  James Otterson [signed] [Joshua Abbott signed crossed out]

We, John Head residing in Hooksett NH and Joshua Abbott now residing in Hooksett aforesaid hereby certify, that we are well acquainted with James Otterson, who has subscribed and sworn to the above declaration; that we believe him to be 74 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the 28th day of August 1832. John Head [signed] Joshua Abbott [signed]

And the said Court do hereby declare their opinion [obscured by inkblot] the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court certifies, that it appears to them that Col. John Head who has signed the preceding certificate, is [blank] resident in said Hooksett and that Joshua Abbott, who has also signed the same is a resident in the same Hooksett and are credible persons, and that their statement is entitled to credit. Boswell Stevens Judge of Probate

I, H. B. Chase, Register of the Court of Probate aforesaid County of Merrimack do hereby certify that the foregoing contains the original proceedings of the said Court, the matter of the application of the said James Otterson for a pension. 
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 28th day of August A.D. 1832. H.B. Chase, Register of Probate
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16498
INVALID.

File No. 16,498
James Otterson
Pri Rev War

Act: June 7 '32
Index: -Vol. 1, Page 282
[Arrangement of 1870.]
Page 8

James Otterson
10,053
Private
8 Months
Admitted
$2[illegible]
J.C. West
Concord
NH
Page 9

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 Otterson which require further proof or explanation.

I. Does the declaration show where the applicant resides? Yes

II. Did he 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 of 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? Yes

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
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and general belief in his neighborhood relative to his revolutionary service? no

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no

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? 

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? Yes

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? Yes

XVI. Are the papers authenticated as the regulations direct? Yes

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 ______day, I served as a __________. For ________ months and _______days, I served as a ________; and for such service I claim a pension."
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3

It is important in al 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 calimants 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 affidavits must be properly authenticated, as above directed.

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 narrow ribbon, the end of which must pass under the seal of the office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
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Affidavit of 
Joshua Abbot for
James Oterson
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I John Brown of Topsham County of Orange and State of Vermont, of lawfull age do testify that I have been well acquainted with James Otterson of Hooksett County of Merrimack and State of New Hampshire for the terms of fifty years last and know that the said Otterson was in the service of the United States in 1775 and in 1776 under Capt Andrew Buntin Lieut Samuel McConnell In New Hampshire Militia for two months, a part of the time at Winter Hill and at Cambridge in the State of Massachusetts and then served out the full term of two months. 
John Brown [signature]

Merrimack ss. State of New Hampshire
Be it known that on this twenty eight day of July A.D. 1832 before the subscriber a Justice of the Peace in and for said County, personally appeared John Brown who has this day subscribed the foregoing Affidavit and made verily in due form of Law that the same is just and true.
Before me Samuel Head Justice of the Peace
I hereby certify that the subscribing witness is considered to be good and I know nothing to the contrary. Samuel Head Jus. of Peace
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{written sideways}
John Brown Deposition for James Otterson


{illegible seal}
State of New Hampshire Secretary's Office July 28, 1832

The [illegible] named Samuel Headin is a Justice of the Peace for the County of Merrimack duly constituted [illegible] [illegible][illegible][illegible] this [illegible] writing as [illegible][illegible] the confirming whereof I have hereto act the Seal of the State.

{signed} [illegible] Metcalf Secretary
Page 15

Joshua Abbot of Hooksett in the County of Merrimack and State of New Hampshire of Lawfull age do testify that I have been well acquainted with James Otterson now of Hooksett aforesaid for Fifty years [illegible] and know that the said Otterson did enlist in the [illegible] of 1777 for 6 months under Capt Marston, Col. Sinter in the new Hampshire line & march to Portmouth NH and stayed there about [about written again and crossed out] one month; from there he marched to Rhode Island & served the remainder of his time of enlistment. I served the whole of the [inserted] time with him  & under the same officers. Joshua Abbott [signed]

Merrimack [illegible] State of New Hampshire
Be it known that on the tenth day of July A.D. 1832 before the subscriber Notary Public in and for the state aforesaid, personally appeared Joshua Abbot who has this day subscribed the foregoing Affidavit and made such in due form of Law that the same is just and true.

[Seal attached next to the following paragraph. Seal is illegible.] Sworn and subscribed to this tenth day of July A.D. 1832. In Testimony whereof I have hereunto [illegible] my hand and affixed my notarial seal at Concord in the County of Merrimack & State of New Hampshire this Tenth day of July A.D.1832. 
Joseph Low Notary Public [signed]
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[Written sideways on top left side] 
Affidavit of 
Joshua Abbot for
James Otterson.


[Written at bottom of page]
I certify that Joshua Abbot who has this day sworn to and subscribed the written affidavit is a credible witness and that his testimony is [illegible] to full credit.

Concord NH July 10th A.D. 1832
Joseph Low Notary Public [signed]