Revolutionary War Pension and Bounty Land Warrant Application File S. 13,870, for Nathan Maxson, Rhode Island
Page 1

(8-1776)
SERVICE
R.I.

Maxson or Maxon, Nathan

NUMBER
S.13,870
carded
CONTENTS
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N. 11, 871
Pennsylvania
Nathan Maxon
of  Susquehanna  Co. in the State of Penn.
who was a Private in the company commanded by Captain Burdick of the Regt. commanded by Col. Toppen in the R. Island Mil. line for 15 months
Nathan Maxon
[illegible] is married June 27/06
Inscribed on the Roll of Pennsylvania
at the rate of 50 Dollars --per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of July, 1833 and sent to A. Domock Montrose Pa.
Arrears to the 4th of March 1833  100.00
Semi-anl. allowance ending  4 Sep. 1833  25.00
$125.00
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by D. Brown Clerk,
Book E. Vol. 5 Page 39
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State of Pennsylvania
Susquehanna County ss.
  Personally appeared before Hosea Tiffany esquire one of the justices of the peace in and for the county of Susquehanna Nathan Maxon of the township of Harford in said county aged seventy four years, and an applicant for a pension under the act of Congress of the seventh day of June 1832, and being duly sworn according to Law in answer to the interrogatories prescribed by the regulations of the War Department under said act of Congress, doth on his oath depose and say 
 1st that he was born in the town of Westerly in the County of Washington, (then Kings) and state of Rhode Island on the ninth day of Dec. 1758.
2nd.  He has a family record of his age now in his possession, which he copied from that of his father.
3rd.  That when called into service he was living in the town of Hopkinton Washington County, Rhode Island, that he resided at Hopkinton aforesaid until the year 1800 when he removed to the county of Susquehanna where he now lives.
4th.  That when he first entered the service he joined the militia, that in 1778 he inlisted in the Rhode Island state troops for nine months.
 5th.  That the names of the officers with the troops where he served were Col. Toppen, Lieut. Col. Hawkins and Major Philips.  That he cannot now recollect the names of any others.  The general circumstances detailed in declaration.
6th.  That he has no recollection of ever receiving a written discharge.
7th.  That Capt. Asahel Sweet and John Thatcher have testified to his character for veracity and belief of his services as a soldier of the Revolution.  That he believes his neighbors generally to whom he is known would testify to the same.
    And the said Nathan Maxson on his oath doth further depose and say - that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his services further than is contained in his declaration, but, according to the best of his recollection he served not less than the periods mentioned below-and in the following grades-For six months, during the year 1777 I served as a militiaman in the Rhode Island Militia.  For nine months in the year 1778 and 1789 I served by inlistment in the Rhode Island State troops.  The circumstances of which are more fully detailed in his declaration and for such services I claim a pension.  That there is no clergyman who resides in his immediate vicinity-the nearest being about three miles- and with whom
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this deponent is but very little acquainted
Nathan Maxson
May 24 1833 personally appeared before the subscriber, the said Nathan Maxson to me well known as a man of credibility and to whose testimony full credit may be given, and subscribed and made oaths to the foregoing deposition
Hosea Tiffany J. P.
State of Pennsylvania
Susquehanna County ss.
  I Asa Dimock Prothonotary of the court of common pleas of said county, do hereby certify that Hosea Tiffany Esqr. whose signature in his own proper handwriting appears subscribed to the attestation of the above and foregoing deposition is an acting Justice of the peace, in and for the county of Susquehanna duly commissioned and qualified as appears of record, and that full credit should be given to his official acts.
  In testimony whereof I have hereto set my hand and seal of office at Montrose, the twenty fourth day of May AD 1833.
Asa Dimock /Pron.
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Commonwealth of Pennsylvania
Susquehanna County ss
I Alfred Tiffany of the Township of Brooklyn County and state aforesaid being duly sworn according to law do depose and say that I am acquainted with Nathan Maxson whose papers on his application for a pension are hereunto annexed that I became acquainted with him about thirty two or three years ago that at that time I frequently heard said Maxson tell of being in the revolutionary army and believe he has served as stated in said application.  I further saith not.
Alfred Tiffany
This may certify that
I am acquainted with Alfred Tiffany the foregoing deponent
and that he is a man of the 
strictest veracity and affixed
 his name and swore to the above 
affidavit before me
this 24th day of May AD.1833
Hosea Tiffany Justice of Peace

State of Pennsylvania
Susquehanna County ss
  I Asa Dimock Prothonotary of the Court of common pleas of said county do hereby certify that Hosea Tiffany Esqr.  whose signature in his own proper hand writing subscribed affixed to the attestation of the above affidavit  is authorized and qualified as appears of record-and that full faith and credit should be given to his official acts.
  In Testimony whereof I have hereunto set my hand and seal of office, t Montrose the twenty fourth day of May AD 1833.
Asa Dimock Pron.
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Nathan Maxon
Susquehanna Co.
Pennsylvania

Admitted
15 mo"s
$50.00

Asa Dimock
Montrose
Susquehanna Co.
Pennsylvania
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WAR DEPARTMENT,
Pension Office,
183
Sir:
  The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.    The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus:}).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Nathan Maxon, Susquehanna Co.  Pennsylvania
Period when the service was rendered
Dec. 1776
         1777
enlist
June 1778
Duration of the claimant's service
Years Months Days
2 mo
4 mo
9 mo
Rank of the claimant
Priv.
"
"
Names and rank of the Field officers under whom he served.
None mentioned
__________________
Col. Toppen Lieut Col.
Hawkins. May. Phillips 
Age at present,  and place  of abode when he entered the service.
Age 73
Hopkinton
Washington Co.
R. Island
Proof by which the declaration is supported
Traditionary
I am, respectfully,
Your obedient servant,
J.L. Edwards
Commissioner of Pensions.





r
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
  The following regulations have been adopted:
  This law has been constructed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c.  Persons who served on board of private armed vessels are excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being actual military service.
  Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State Troops, Militia and Volunteers.
3.  Persons employed in the Naval Service.
4.  Indian Spies.
  As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
  In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of} ss.
  On this    day of      personally appeared (a) before   A. B. a resident (b) of    in the county of     and State, Territory or District of    aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d)  , with   and served in the    (e) regiment of the    line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
  He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of  
  Sworn to and subscribed the day and year aforesaid  :A. B.
{And then will follow the certificate of the Court.}
  And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states
  I   of he Court of     do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of    for a pension.
  In testimony whereof, I have hereunto set my hand and seal of office (i) this   day of      &c.
  If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
  Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
  (k) We, A. B., a Clergyman, residing in the    and C. D. residing in (the same) hereby certify, that we are well acquainted with    , who has subscribed and sworn to the above declaration; that we believe him to be    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 days and year aforesaid.
{And then will follow the certificate of the Court.}
  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 A. B. who has signed the preceding certificate is a clergyman, resident in the     and that C. D. who has also signed the same is a resident in the    and is a credible person, and that their statement is entitled to credit.
  I,  Clerk of the Court of    do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of   for a pension.
  In testimony whereof, I have hereunto set my hand and seal of office, this   day of   &c.
    Every applicant will produce the best proof in his power.  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
  If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are know at the Department.  A very full account of the services of each person
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3
will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of he applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
  The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Milia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
  1.  Where and in what year were you born?
  2.  Have you and record of your age, and if so, where is it?
  3.  Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4.  How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
  5.  State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
  6.To a Soldier.{Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?}
      To an Officer {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?}
  7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
  The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
  The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify , from (clergyman on is underlined and note by it says due more k)their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
  The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
  Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
  Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
  No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in the case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
{a}  The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
{b}  The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign sufficient reason for not conforming to the rule.
( c through e are bracketed)
{c}  The age of the claimant must invariably be mentioned.
{d}  The declarant must mention he period or periods of the war when he served.
{e}  Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, 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 amount of pension he is entitled.  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 he 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 ___months and ___ days, I served as a ___; and for such service I claim a Pension."
  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 person 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 re objectionable.  Some persons who apply for pensions merely state that 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 shown 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.
{f}  The law makes the relinquishment indispensable.
{g}  The opinion of the Court is always required.
{h}  The Clerk must give his certificate in every case.
{i}  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature or of the certifying officer, should accompany the papers.
Mode of authenticating papers.
(This paragraph is bracketed)
  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 papers 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.
  Proof of Service.
{j}  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 claimant's entering the service, and the time and manner of 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 must be certified by the proper officer, under his seal of office.
  (arrow)  The notes from {a} to {i} are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rules in note {j} applied to continental  troops only.
{k}  This traditionary evidence is indispensable in militia cases. (this statement is bracketed)
{l}  If a witness cannot be found, the declarant must state the fact.
{m}  The answers to the interrogatories must be written, and sent to the War Department, with the declaration.
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13870
INVALID.
Rev War
File No. 13,870
Nathan Maxson
Pri. Rev. war
Act: June 7th 1832.
Index:-Vol.  1  , Page 234
{Arrangement of 1870}
Nathan Maxson
Records corrected June 27, 1906
Page 11

Sep 26.
Nathan Maxson
Pension application
18849
Page 12

State of Pennsylvania
Susquehanna County ss
  On this tenth day of September AD 1832 personally appeared in open court before the Honorable William Thomson and Davis Dimock associate Justices of the Court of Common Pleas of Susquehanna County now sitting, Nathan Maxson, a resident of the town of Harford in the said county of Susquehanna and state of Pennsylvania, aged seventy three 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 7th 1832.
  That he entered the service of the United States under the following named officers and served as herein stated--
  He joined the Militia on an alarm at Hopkinton, in Washington county and state of Rhode Island in December 1776, under Capt Jesse Burdick, Liet. Wate Burdick, and marched with his company to the South ferry on the Narragansett shore and remained there guarding the shores until sometime in February 1777-having remained in service about two months when he was relieved by other Militia-was discharged and returned home.
  Afterwards during the year 1777-at four different times he was called out in the Militia to guard the shores.  At one time under Liet Asa Maxson, at another time under Lieut Henry Welles and again under Lieut Lebbeus Cotrell, was out to the best of his recollection about one month each time, making four months service.
  And the said Nathan Maxson on his oath further states that he again entered the service of the United States, at Hopkinton aforesaid about the first of June 1778 by enlisting into the Rhode Island State troops for nine months-under Lieut Zacheus Maxson, and marched to East Newark, crossed the Bay North of Bristol and across at Slades ferry and from thence to Tiverton in Newport County-and was attached to a company commissioned by Capt Bejamin West 1st Lieut Barber Peckham and 2nd Lieut Charles Hewit.  The Regiment was commanded by Col Toppen Lieut Col Hawkins and Major Phillips, in General Ezekiel Cornell's Brigade, Brigade Major John Handy, the Adjutant of the Regiment to which the said Nathan Maxson belonged was Charles Handy.  At the time of Gen. Sullivan's expedition, was marched onto Rhode Island and remained
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there until after the Battle 28th of August 1778-was in the Battle, retreated with the army from the Island and was marched again to Tiverton, and remained there until the 16th of March 1779.  The time for which he inlisted, having expired, he was discharged from the service and returned home.  That during his inlistment he did not serve with any continental troops.
  That he has no documentary evidence, and knows of no person whose testimony he can provide who can testify to his service.
  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, to his knowledge.
Nathan Maxson
Sworn to and subscribed in open court September 10th AD 1932
Asa Dimock N Pro
  We Asahel Sweet residing in the township of Harford County of Susquehanna and state of Pennsylvania, and John Thacher residing in the same place hereby certify, that we are well acquainted with Nathan Maxson who has subscribed and sworn to the above declaration, that we believe him to be seventy three 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.
Asahel Sweet
John Thacher
Sworn to and subscribed in open court the tenth day of September AD 1832
Asa Dimock N Pro
And the 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 certify that it appeared to them that Asashel Sweet-and John Thacher who have signed
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the preceding certificate are resident in the township of Harford in the county of Susquehanna, and are credible persons and that their statement is entitled to credit.
By the court.
Asa Dimock N Prot

Sate of Pennsylvania
Susquehanna County ss.
  I Asa Dimock N Prothonotary of the court of common pleas of said county, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Nathan Maxson for a pension.
  In Testimony whereof I have hereunto, set my hand and seal of office, at Montrose the tenth day of September AD 1832
Asa Dimock N Prot