Revolutionary War Pension and Bounty Land Warrant Application File S. 17813, John Akins, N. H.
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SERVICE  N.H.

Akins, John

NUMBER  S.17813

carded
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10,624.
New Hampshire
John Akins
of Strafford in the State of N.H. who was a Private in the Company commanded by Captain [blank] of the Regt commanded by Col Wyman in the N H line for 8 mos 12 Days

Inscribed on the Roll of N H at the rate of 27 Dollars 97 Cents per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 16th day of Apr 1833 and sent A Pierce Dover  N.H.

Arrears to the 4th Mar 1833  - - - - - -  $55.96
Semi-anl. allowance ending 4 Sepr "  - - 13.99
[total] $69.95

{Revolutionary Claim, Act June 7, 1832.}

Recorded by J H McBlair Clerk,
Book E,  Vol. 1,  Page 71.
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John Akins
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DECLARATION IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS PASSED JULY 7, 1832.
STATE OF NEW HAMPSHIRE.
COUNTY OF STRAFFORD SS. -- Superior Court of Judicature
August TERM, 1832
On this 22d day of August 1832 personally appeared before the Justices of the Superior Court of Judicature now in session at Gilford within and for said County of Strafford, John Akins a resident of Banstead in said County of Strafford and State of New-Hampshire, aged [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 Act of Congress passed June 7, 1832. That he enlisted in the army of the United States, in the year 1775 and served as follows: -- enlisted in the Company of Militia commanded by Capt. John Drew in 1775 for six weeks and marched to Cambridge Massachusetts & when my term of service expired enlisted for fifteen days after which term of service I returned home.
In the year 1776 I again enlisted in the Company Commanded by Capt John Drew in Col Wiman's [Wyman's] Regiment and served at Ticonteroga [sic] -- I again served as a drafted Militia man at Saratoga in the Company commanded by Capt Danl McDuffee Col. Stephen Evens [Evans] Regiment for the term of two months & a half - Daniel Rowell was Lieutenant & David Leighter was Ensign in said company  - I was at the surrender of Burgoine - all the above service was with the New Hampshire troops[.]   my service in Capt Drew's Company when at Ticonteroga [sic] was five months which term I served
He hereby relinquishes every claim 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.
John Akins X his Mark

Sworn to and subscribed the day and year aforesaid, in open Court.
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
ATTEST - [signed] A Peirce, CLERK.

I, Andrew Peirce Clerk of the Superior Court of Judicature for said County, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of John Akins for a pension.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this 22d day of August in the year of our Lord one thousand eight hundred and thirty two.
ATTEST [signed] A. Peirce, CLERK.
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John Akins
N. Hampshire
Private  8 mos 12 days

$27.98

12217

A Pierce
Dover
N H
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BRIEF in the case of John Akins
of Strafford in the State of N. H. 
(Act 7th June, 1832.) 

1. Was the declaration made before a Court or a Judge? before the  Court 

2. If before a Judge, does it appear that the applicant is disabled by bodily injury? [blank] 

3. How old is he? [blank]  

4. State his service, as directed in the form annexed. 
In 1775 militia 2 months, private, Cap Drew
1776 [militia], X-5 Months, [private], Cap Drew, Col Wiman 
[1776] drafted, 1 month 12 days per roll of ser, [private], Cap McDuffee, Col Evans
X on Roll of service


5. In what battles was he engaged?  At the surrender of Burgoyne

6. Where did he reside when he entered the service?  [blank] 

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  Traditionary [and] two Living witnesses 

8. Are the papers defective as to form or authentication? and, if so, how?  [blank] 

I Certify that the foregoing statement and the answers agree with the evidence in the case
[signed] George Taylor  Examining Clerk.
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17813
INVALID.
File No, 17813
John Akins
Pri Rev War
Act: June 7"" 32
Index: -- Vol. 1, Page 4
[in brackets] Arrangement of 1870.
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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 John Akins  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? [blank]

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 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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[Page] 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? [blank]

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [blank]

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? [blank]

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? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of witness or witnesses? yes 
Has the proper officer certified to the character and signature of the magistrate as regulations direct? yes

XV. Does it appear from any of the papers that the witness was in 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  ex for 2 3, 6

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 _____months and _____days, I served as a _____; and for such service I claim a pension.”
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[page] 3

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 services 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 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 must 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. 
  [hand symbol pointing ] 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.
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I John Pearl of the town of Strafford in the County of Strafford and State of New Hampshire of Lawfull age do depose and say that I Enlisted in the Militia service under Capt John Drew in the year of our Lord one thousand seven hundred and seventy five for six weeks and I marched to Cambridge and when my time expired I then enlisted for fifteen days more and I further say that John Akins of the town of Barnsted enlisted in the same Company with me and marched on to Cambridge and there Remained with me as a militia solder till my time expired and then I returned home in company with John Atkins
Stafford July 23d 1832
[signed] John Pearl

Strafford ss }  The 23rd July 1832  Then the above named John Pearl Personally appeared and made solemn oath that the above written affidavit by him Subscribed is just and true
Before me [signed] Job Otis Justice Peace
I certify that I am acquainted with the above named John Pearl & that he is a man of truth & veracity & entitled to full belief
[signed] Job Otis Justice Peace
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State of New Hampshire
Strafford ss.  I Andrew Peirce Clerk of the  Superior Court of Judicature for said County of Strafford, do hereby certify that Job Otis Esquire before whom the written & annexed affidavits were taken, is a Justice of the Peace for said County, and I have no [doubt] the signatures purporting to his are genuine.  In testimony whereof, I have hereunto set my hand,  and affixed the Seal of said Court, this 21st day of September A.D. 1832. 
[signed] A. Peirce, Clerk

[upside down at bottom]
John Pearl
affidavitt
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I, Nathaniel Berry of the town of Framington in the county of Strafford and the State of New Hampshire of Lawfull age do depose and say that I was a Militia soldier at Ticonderoga in the year of our Lord one Thousand Seven hundred and Seventy six in Captain John Drew's company and was knowing to John Akins being there as a militia soldier in the same company with me five months under the command of Colonel Wiman.
Strafford  July 23rd 1832
I further depose and say that I was a drafted militia soldier at Saratoga two months and one half month and was their at the surrender of Burgoine and I am knowing to John Akins being there with me as a Drafted Militia soldier two months and one half month under the command of Colonel Stephen Evans of Dover in the County of Strafford & the State of New Hampshire. company officers was Captain Daniel McDuffie, Lieutenant Daniel Rowel and Ensign David Leighton.
Nathaniel Berry X his  mark
Strafford  July 23rd, AD 1832           
  Attest    [signed] Job Otis                   

Strafford  ss }  July 23rd 1832
Then personally appeared Nathaniel Berry and made Solemn Oath that the above written affidavit by him  subscribed is just and true
Before me [signed] Job Otis, Justice Peace
I certify that I am acquainted with the above named Nathaniel Berry and that he is a man of truth & veracity 
[signed] Job Otis Justice Peace