Revolutionary War Pension and Bounty Land Warrant Application File S. 19,021, for Eliphalet Patee, Massachusetts
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(8-1776)
SERVICE NUMBER
Mass. Patee, Eliphalet S. 19.021
carded
CONTENTS
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Vermont 18.688
Eliphalet Patee
of Rutland co. in the State of Vermont. who was a private in the Compy commanded by Captain Newell of the Regt. commanded by Col. Cushing in the Mass. Ma. line for 6 mo.
Inscribed on the Roll of Vermont at the rate of 20 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Sept. 1833. and sent to A. Warner East Poultney. Vt.
Arrears to the 4th of Sept. 33 $50
Semi-anl. allowance ending 4 Mar. 36 10
$60
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by Ele Brown Clerk,
Book E. Vol. 3 Page 84
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20576
Eliphalet Patee
Admit
6 mos
A. Warner Esq
East Poultney
Vt
Claimant
care of the Clerk of the County
Rutland Vermont
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WAR DEPARTMENT
Pension Office,
June 5, 1833
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 regulations will shew what is necessary to be done. Those 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.
Statement, shewing the service of Eliphalet Patee of Rutland County, Vermont
[Table headings] Period when the service was rendered. | Duration of the claimant's service-Subheadings-Years. Months. Days. | Rank of the claimant. | Names and Rank of the Company officers under whom he served. | Names and Rank of the General and Field officers. | Battles in which the applicant engaged. | Country through which he marched. | Place of abode when he entered the service, and age at the present period. | Evidence by which the declaration is supported.
Enld 1776 | [blank] 3 [blank] | Private | Caps Newell | Cols Cushing | None | from Worcester Coty to Horseneck & Philip's Manor & North Castle N.Y. & then to New Jersey | Worcester County Mass | Traditionary evidence
"1776 | [blank] 3 [blank] | [blank] | Cutter | Sparrowhawk | None | see above | aged 90 years
I am, respectfully,
Your obedient servant, 
J.L. EDWARDS
Commissioner of Pensions.
" 1776 |
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed 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 also 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 in 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, musicians 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 [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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 provion made by the act of Congress, passed June 7th 1832. That he enlisted in the Army of the United States in the (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 enered the service; the battles, if any, in which he was engaged, and the country through which he marched (Pointing finger symbol)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 [blank]
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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c.
If, on examination of the proper record the names of the applicants, making such declarations, 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 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 [blank] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 day 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. and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal [blank] of this office, this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither 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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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 the 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 Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were your born?
2. Have you any 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 live now?
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 he answers to these questions are embodied in the declaration, and the 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 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 case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services 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 a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d]The declarant must mention the 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 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 the the following grades:--For [blank] year [blank] months, and [blank] days, I served as a [blank]. For [blank] months and [blank] days, I served as a [blank]; 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 pension to be paid according to the grade of each pensioner and the length of his service. The use of the phrase about three or four months, is to indefinite, and all such qualifying expressions are 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 of the certifying officer, should accompany the papers.
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 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 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 must be certified by the proper officer, under his seal of office.
[finger pointing right] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 7

he Declaration 
Of
Eliphalet Patee
20570
Page 8

State of Vermont
Rutland County SS
On this 4th day of October A.D. 1832. personally appeared in open Court before the Hon Probate Court for the District of Fairhaven in the County of Rutland now sitting Eliphalet Patee a resident of Well in the County of Rutland & State of Vermont aged 90 years the 21st day of March 1832 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 & served as herein stated. That in the fore part of September 1776 he enlisted at Sturbridge in the County of Worcester & State of Massachusetts for three months in a company commanded by Capt Timothy Newel, First Lieut Benjamin Freeman Second Lieut Samuel Heley, Orderly Sergant Isaac Clark Sergants Edward Foster Jonathan Willard & Comfor Johnson. That the regiment was commanded by Col Cushing of Shrewsbury in the same county That after being on drill about two weeks he marched with the regiment from Sturbridge through Connecticut to Horse Neck where he was stationed two weeks on guard & then marched to a place called Philips Manor about thirty miles above New York at which place he remained two or three weeks to guard their stores of provision. That he marched to North Castle where he was on duty until the term of his enlistment expired & after receiving a regular discharge returned to Sturbridge about the first of December of the same year.
That in the same month of the same year he again enlisted for three months in a company commanded by Capt Joseph Cutler First Lieut Ebenezer Newel, Second Lieut Gideon Walker & joined
[left margin-three months]
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the Regiment commanded by Col Sparrowhawk & he has forgotten the names of the remaining officers & there marched to Litchfield Connecticut from there to Danbury where he waited with the regiment for orders about two weeks. That according to orders he marched to Peekskill New York & remained there a few days, then crossed the North River at Kings Ferry & marched directly to a place called Bound brook in New Jersey which was then occupied by the British who retreated & found their main army under Lord Howe about five miles from that place. That he remained there on duty until nearly the last of March 1777, when he received a written discharge (which he has since lost) & returned to Sturbridge That he left that place forty five years since & has lived at Granville N. York, Poultney & Wells Vermont during that time & is acquainted with no person now who can testify to his service. He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State
[left margin-three months]
Sworn & subscribed the day & year aforesaid 
Eliphalet [his X mark] Patee
The Friend W Smith a clergyman residing in Poultney in the County of Rutland & Daniel Sprague residing  in the town of Poultney hereby certify that we are well acquainted with Eliphalet Patee of said Wells who has subscribed & sworn to the above declaration that we believe him to be 90 years of age that he is respected & believed in the neighbourhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Sworn & subscribed
The day & year aforesaid
Fr W. Smith
Daniel Sprague
And the said Court do hereby declare their opinion after the investigation of the matter and after putting
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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 Friend W. Smith who has signed the preceding certificate a clergyman resident in Poultney aforesaid, and Daniel Sprague who has also signed the same is a resident in said Poultney and is a credible person and that this statement is entitled to credit.
 I Selah H. Merrill Clerk of the Court of Probate for the district of Fairhaven aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application Eliphalet Patee for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 4th of October AD 1832.
S. H. Merrill
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nd 1812
ection
March 20, 1929
E.L. Moffatt
67 Brighton Avenue
Allston, Massachusetts
Sir:
I advise you from the papers in the Revolutionary War pension claim, S.19021, it appears that Eliphalet Patee was born, March 21, 1742, place not stated.
He enlisted at Sturbridge, Worcester County, Massachusetts, early in September 1776, served as a private in Captain Timothy Newell's Company, Colonel Cushing's Massachusetts Regiment and was discharged about the first of December, 1776. He re-enlisted in the same month and served as a private in Captain Joseph Cutler's Company, Colonel Sparhawk's Massachusetts Regiment and was discharged the latter part of March, 1777.
He was allowed pension on his application executed October 4, 1832, while a resident of Wells, Rutland County, Vermont. He then stated that after the Revolution, he had lived at Granville, New York, and Poultney and Wells, Vermont.
There are no data concerning his family.
Respectfully,
E.W. MORGAN
Acting Commissioner.
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OWN
Ecr
Commissioner of Pensions
Washington D.C.
Dear Sir:
 Eliphalet Pattee was a pensioner of the War of 1776. From the records in his case can you give me the date of his birth and death and his wife's name? I am a descendant and want the information to complete
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geneology records.
An Early reply will greatly oblige
Mrs. Wm Linus Clark,
236 South D
Hamilton
Ohio
July 31-05
[stamped-U.S .Pension Office
A
AUG 
2
1905]
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67 Brighton Ave.
Allston, Mass.
Dec. 6, 1928
The Dept. of the Interior
Bureau of Pensions
Washington, D.C.
May I please have whatever information is on file in the application of Eliphalet Pattee or Patee who was pensioned from Rutland Co. Vermont in 1832. 
I wish especially all family data and references to birthplace and various places of residence.
Yours sincerely 
E.L. Moffatt
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[handwritten- Avon Nom]
[upper left] No._______________
Abstracts of Title,
MAPS,
EXTRACTS
From any of the Records
of Kane County, Ill.
FURNISHED AT
REASONABLE PRICES
[center] People's Abstract Office.
FRANCES F. CLARK PROPRIETOR.
Geneva, Ill., Sept 10, 1897
Commissioner of Pensions
Washington D.C.
Dear Sir;
I wish to know if your Records disclose the fact that Eliphalet Patee was a pensioner from the United States as a soldier of the Revolutionary War (1776) or the War of 1812
I am told that this is the case and that he probably did not commence to receive the pension till about 1830. Any information will be very gladly received.
Yours
Caroline F. Clark
please look in regard to 1776 particularly as I hardly think he served in the 1812 War
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It is requested by the applicant in this case that his pension certificate if granted should be sent addressed to the subscriber
July 4th 1833
Almon Warner
East Poultney Vermt.
Page 17

you will find below the desired information as contained in his (or his
Eliphalet Patee S. 19,021
Rev. a
Wars S
[Table headings][illegible] or APPOINTMENT. | LENGTH OF SERVICE. | RANK. | OFFICERS UNDER WHOM SERVICE WAS RENDERED.
[subheading-CAPTAIN. | COLONEL.] | STATE.
Sturbridge Mass.
Sept 76 | 3 mos | [blank] | Timothy Newell | Cushing | Mass
Dec 76 | " | [blank] | Joseph Cutler | Sparhawk | "
Battles engaged in, none men.
Residence of soldier at enlistment, not stated
Date of application for pension, Oct. 4, 1832
Residence at date of application, Wells, Rutland Co. Vt.
Age at date of application, 90 yrs b. Mch 21-
Remarks: allowed.
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L. W. B.
I. 19021.
[left side stamped-This Bureau can furnish the military record of only such Revolutionary soldiers as were pensioned or whose widows were pensioned for their services.
Each of the original muster and pay rolls of the Revolutionary War and the War of 1812 as are now in the possession of the Government are on file in the Record and Pension Office, War Department. Original rolls and other records pertaining to service in the Revolutionary War may also be found on file in the archives of many of the original States.]
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS, 
WASHINGTON, D.C.
O. W. & N. DIV.
REVOLUTIONARY.
September 23rd, 1897.
Madam:-
Replying to your request for information concerning Eliphalet Patee, a soldier of the Revolutionary war, you are advised that he made an application for pension on October 4th, 1832, at which time he was 90 years of age and residing in Rutland County, Vermont, and his pension was for six months' actual service as a private in the Mass. troops, Revolutionary war; a part of the time he served under Capt. Newell and Col. Cushing. He enlisted at Sturbridge, Mass.
Very respectfully,
Acting Commissioner.
Miss Caroline F. Clark
Geneva Ills.
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P 19021
INVALID.
File no. 19021
Eliphalet Patee
Pri Rev War
Act: June 7th 32
Index:-Vol. 1, Page 285
[Arrangement of 1870.]
Page 20

Sept. 23/97 Miss Caroline F. Clark Geneva, Ills
Aug. 12.1905 Hist to Mrs. Wm Linus Clark, Hamilton, Ohio.
1929-Mar. 20, Hist to E.L. Moffatt, ME.E.