Revolutionary War Pension and Bounty Land Warrant Application File S. 21419, for Joshua Petty, Rhode Island
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(3 - 1776)
SERVICE NUMBER
R.I.
Petty, Joshua
S. 21419
CONTENTS
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21,109
Rhode Island
Joshua Petty
of Newport in the State of R Island
who was a Private in the Company commanded by Captain Davis of the Rgt.
commanded by Col Cook in the R. Island
line for 2 years
Inscribed on the Roll of R. Island
at the rate of 80 - Dollars- Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22 day of Aug
1833 and sent John Cross Portsmouth R.I.
Arrears to the March 1833 $160.00
Semi-anl. allowance ending 4 Sept 40.00
---
$200.00
Revolutionary Claim, 
Act Jun 7, 1832.
Recorded by DD Addison Clerk, 
Book E Vol. 2 Page 124
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17001
Joshua Pelly
Rhode Island
Private 2 years
5 of July 6 1833
P 422
Jon Cross
Portsmouth RI
Asa Gray
Clerk
Tiverton
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BRIEF in the case of Joshua Petty
County of Newport in the State of
Rhode Island
(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?
3. How old is he? 75 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.
[illegible] In 1776
Enter 1778
1779
Years, Months, Days.
about 13 - 15
- 12 -
time not stated
As a
Private
-
-
Genl Spencer
Capt Davols Col Cook
Capt Thomas Col Topham
Capt Borden Col Cook
5. In what battles was he engaged? at Rhode Island
6. Where did he reside when he entered the service? Tiverton Rhode Island
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary & living
Witness
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
JW Claget Examining Clerk
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Joshua Petty
17,001
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State of Rhode Island & Providence Plantations
Clerk's Office of the Court of Probate for the Town of Tiverton in the County of Newport and State aforesaid
I Asa Gray Clerk of said Court do hereby certify that I myself am one of the Justices of the Peace for the Town of Tiverton, in the County of Newport and State aforesaid duly commissioned under the Seal of said State, engaged thereon according to Law, and duly qualified to act in my
said capacity. And I do further certify, that the
enclosed Depositions of William Albert and Elihu Gifford were taken by me, and that the signatures of my name to said Depositions were made by me.
In testimony whereof I have hereunto
set my hand and affixed the seal of said
Court at said Tiverton, this Eighth day
of September in the year of our Lord
one thousand eight hundred & thirty two.
And of American Independence
the fifty seventh
Asa Gray Clerk of Court of Probate
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DECLARATION.
IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF RHODE-ISLAND, COUNTY OF Newport SS.
On this Eighth day of September 1832 personally appeared in open Court, before the Judges or Justices of the Court of Probate for the town of Tiverton now sitting, Joshua Petty a resident of Tiverton in the County of Newport and State of Rhode Island, aged seventy five 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 is to say: He belonged, in the month of December 1776, to Capt Jonathan Davol's Company of Militia in Tiverton. That at
this time the British fleet having taken possession of Rhode Island and the waters of Narragansett Bay, it became necessary to guard the shores to prevent the incursion the enemy into the County and to repel their wanton attacks on the persons and property
of the unoffending inhabitants-- at this time the company was called out by drafts of periods of from fifteen to thirty days to guard the shores of Tiverton bordering on Narragansett Bay, from said time that the enemy landed at Newport in December 1776 to March 1778 - he thinks and solemnly declares that to the best of his judgment and belief, he served out half of the time being drafted from said company for that
purpose, and served in guarding the shows as aforesaid as a private soldier during said time under the officers of the company or some other officers who may happen to command
for the time being. this company when called out with the regiment was under the command of Col Cook. The longest period of service during the last mentioned time
that he performed at one time was during Spencers Expedition so called, which he thinks was in September and October 1777 when
he was under arms about five weeks-
In the month of March 1778 he enlisted, at Tiverton, into Capt  Alexander Thomas Company Col Topham's Regiment for
year as a private soldier. Thomas Wall was Lieutenant of the Company and
[illegible] was adjutant of the Regiment. he was encamped near Fort Barton at Howlands ferry till the American forces under General Sullivan crossed over to the Island of Rhode Island in August of this year, when he and the regiment to which he belonged were marched
onto Rhode Island and was in the action fought there, among the officers that he saw at that time he
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Remembers LaFayette and General Greene on the [illegible] at of the Americans from the Island; he was again encamped
with the Regiment at Howlands ferry near Fort Barton
until his time was out about the middle of March
1779 when he was discharged near Howlands Ferry in Tiverton.
He was then again enrolled in the company
of Militia in said Tiverton commanded by Capt Benjamin
Borden and did military duty therein, at different
places along the eastern shore of Narragansett Bay in Tiverton until enemy left Rhode Island in November 1779 - during this last
mentioned period he thinks he served for one half of the time
and solemnly avers that such was the fact according to the
best of his recollection and belief-- though he cannot now
say the exact periods of time that he was out in the militia at
this time, yet he well recollects about the amount of time
taken all together. And that the militia of the
town at that time, were in the public service and half of the time
has always been understood - from that time to the present - for
this last mentioned period of service he served under Capt Borden and was attached to Col Cooks Regt and for all
these his militia services he received pay from the state and rations for the time he was in the service, just the same as when he belonged to the State line, in Col Tophams Regt.
And said Petty avers that he faithfully performed
all the aforesaid services for his country in the Revolutionary War.
And he further declares that he was born in said
Town of Tiverton on the 24th day of September 1757 where he
hath ever resided and still doth live-- that he never
received any written discharge from any of his said services but was verbally discharged by his commanding officers at the close of his terms of service - that he has no documentary evidence
of any of his said services - that
there is no clergyman in his neighborhood
or vicinity-- but he refers to Job Durfee & Elihu Hicks
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Esquires citizens of said town of Tiverton and his neighbors, who testify to his character for veracity, and their belief of his being a Soldier of the Revolution and also
to the accompanying depositions-- and that he has no record
of his age that he now knows of
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 day and year aforesaid.
Asa Gray Clerk
Joshua Petty
We, Job Purfee Esq 
residing in the Town of Tiverton aforesaid
and Elihu Hicks Esq
residing in (the same) hereby certify, that we are well acquainted with Joshua Petty 
who has subscribed and sworn to the above declaration; that we
believe him to be seventy five
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 to and subscribed the day aforesaid.
Asa Gray Clerk
Job Durfee
Elihu Hicks
And the said Court do hereby declare their opinion, after 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 further certifies, that it appears to them that Job Durfee Esq who has signed the preceding certificate, is a resident in the said Town of Tiverton and that Elihu Hicks Esq 
who has
also signed the same is a resident in the same Tiverton
and credible persons, and
that their statement is entitled to credit.
I Asa Gray - Clerk of the Court of Probate for the Town of Tiverton in the County & 
State aforesaid, a Court of Record-
do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Joshua Petty
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office,
this Eighth day of September in they year
of Our Lord One thousand eight hundred
and thirty two - And of American
Independence the fifty seventh -
Asa Gray Clerk of Courts
of Probate
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I William Albert of Tiverton, in the County of Newport and State of Rhode Island &c aged Seventy two years on Solemn oath depose and say- that I was well acquainted with Joshua Petty, at the time of the war of the Revolution, now an applicant for a Pension under the late act of Congress. my father John Albert in the year 1778 enlisted into the Rhode Island State service in Capt Thomas' Company then stationed in Tiverton, and I will recollect that said Joshua Petty enlisted into the same
Company about the same time, I think it was in the
winter or spring of the year and that the enlistment
was for one year. I myself resided in said Tiverton
within two miles of Fort Barton and went frequently
there to see my father, and at these times saw said
Petty doing duty as a soldier, I recollect of seeing said Petty doing duty in said Company as aforesaid, both before and after the expedition of Gen Sullivan upon Rhode Island, and I verily believe that it was the space of one year that I saw him doing duty as
aforesaid, at the different times I went to the Camp
to see my father, and further this Deponent saith not.
his 
William Albert
mark
Newport Sc At Tiverton September 7th 1832
Personally came the above named William Albert
and made Solemn Oath to the truth of his foregoing
Deposition and subscribed the same in my Presence.
And I further certify that said Deponent is personally
known to me, and is a credible person and that his
statement is entitled to credit.
Before me,
Asa Gray Justice of the Peace
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I Elihu Gifford residing in Tiverton, in the County of Newport
and State of Rhode Island of the age of Seventy three years, being
first duly sworn according to Law do on my oath make and give
the following deposition. I am now and was during the war
of the Revolution, well acquainted with Joshua Petty then residing
in the Town of Tiverton aforesaid, and now an applicant for a pension under the act of Congress passed June 7th 1832. I myself belonged
to the Militia in said Tiverton at the time of the Revolutionary war and said Joshua Petty belonged to the same Company 
we living near neighbours to each other, after the British took
possession of Rhode Island, drafts were made out of the Companies
of Militia in said Town to guard the shores, and also
to go on the Island in Spencers and in Sullivan's expeditions
these drafts were generally made for a months service at a
time, and I am knowing to said Joshua Petty being drafted
and serving several periods of such service, both before and
after Sullivan's expedition; and have seen him doing duty
in said guards. I was on the Island in Sullivans expedition and saw said Petty on there doing duty but what service
he was then in I do not know.
Elihu Gifford
Newport Sc. At Tiverton September 7th 1832
Personally came the above named Elihu Gifford and made Solemn Oath to the truth of his aforegoing Deposition and subscribed the same-
And I further certify that said Deponent is personally known to me, and sustains a good character for truth and veracity
Before me,
Asa Gray Justice of the Peace
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State of Rhode Island &c
County of Newport
Ss
Personally appeared before me, the undersigned, a justice of the
peace within and for the County of Newport, Joshua Petty
an applicant for a pension 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 periods of the war therein mentioned, in the following
grades: namely - In the 2d Company of Militia of Tiverton under
Capt Davol From December 1776 to September 1777 for at least five months
In same Company from September 1777 to March 1778 under Capt. Benjamin Borden, including Spencers expedition, three months and fifteen
days, in all the above, as a private. In Capt. Thomas' Company
Col Topham's Regiment of the Rhode Island State line, from
March 1778 to March 1779 as a private, twelve months-- and in
Capt. Bordens Company of Militia from March 1779 to November 1779
for at least four months in actual service making in all
twenty four months and fifteen days service, for which he claims a pension-
And I further declare, that, during all the aforementioned
time, I was in actual service, and was not employed in any civil
pursuit, and that the companies to which I belonged respectively were
ordered into the public service by the State of Rhode Island - And that there is no clergyman living in my neighbourhood
or vicinity (as I mentioned before in my declaration which passed the
Court.)
Joshua Petty
Subscribed and duly sworn
at Tiverton in said County of
Newport on this 20th day of
July 1833
Before me
Charles Durfee Justice
of the Peace
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State of Rhode Island & Providence Plantations
Clerk's Office of the Court of Probate of the Town of Tiverton
in the County of Newport and State aforesaid
I Asa Gray, Clerk of said Court of Probate do hereby certify
that Charles Dwifee whose signature is affixed to the
within Deposition is one of the Justices of the Peace for the
Town of Tiverton & County of Newport in the State aforesaid
duly commissioned under the Seal of said State engaged thereon according to Law and duly qualified to act in his said capacity. And I further certify that the signature of 
his name to the within Deposition is his own proper hand writing - 
In testimony whereof I have hereunto
set my hand and affixed the Seal of
said Court this twenty fifth day of July
in the year of our Lord one thousand
eight hundred and thirty three
and of American Independence the
fifty eighth -
Asa Gray Clerk
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Revolution
21419
INVALID.
File No. 21,419
Joshua Petty
Pri Rev War
Act: June 7" 32"
Index: - Vol. 2, Page 317
(Arrangement of 1870.]
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17007
Joshua Petty
Jno Cross [illegible]
Portsmouth
RI
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of 
Joshua Petty which require
further proof or explanation.
I. Does the declaration show where the applicant resides? yes
II. Did the 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 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 amout of pension he is entitled? No Last tour
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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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 2 Citizens
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? 2 living witesses
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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?
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 --- days, I served as a - For - year - months, and - days, I served as a - For - months and - days, I served as -; and for such service I claim a pension.
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It is important in all cases to determine with precision the period for which each 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. Some persons who apply for pensions
merely state they served two years in the militia, &c. without specifying the tours; the names of the
officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration
of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either
in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
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 claimants 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 official character and signature of the magistrate be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates 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 ends of which must pass
under the seal of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of 
office, the certificate of a member of congress, proving the official character and signature of the
certifying officer, should accompany the papers.