Revolutionary War Pension and Bounty Land Warrant Application File S. 5,039, Ebenezer Curtis, Mass.
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Service: Mass.
Curtis, Ebenezer
S.5039
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B.744
Massachusetts
Ebenezer Curtis of Worcester in the State of Massa who was a Private in the company commanded by Captain Carroll of the Rgt commanded by Col Whitney in the Massa line for 9 months

Inscribed on the Roll of Massachusetts
at the rate of 30 Dollars - Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 22d day of July 1833 and [unintelligible]
Folsom Worcester Mass
Arrears to the 4th of March 1833
Semi-anl. allowance ending 4 Sept
$1000
15.00
$7500

Revolutionary Claim,
Act June 7, 1832.

Recorded by H H Addison Clerk
Book C Vol.2 Page 12
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Ebenz Curtis
23985
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DECLARATION, in order to secure of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, SS.
On this Fifth day of Oct in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathaniel Prine Judge of Probate for the County of
Worcester now sitting Ebenezer Curtis a resident of Douglas in the County of Worcester and Commonsealth of Massachusetts, 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.
I enlisted in the Massachusetts State troops under Capt. Jonathan Carroll in Col. Whitneys Regiment about the first of June
seventeen hundred & seventy six, & went to Nantaskett a little North East of Boston & served there in said Company & said Regiment five months. I was dismissed about the first of October 1776 but had no written discharge

I was drafted for four months sometime in the month of August 1777 under Capt Job Knap in Col Job Cushings Regiment & marched to Bennington in the State of Vermont where we arrived the day after the battle at that place, & from there to Skeenesborough in Vermont in case of an alarm there & from there to Stillwater & was there at the battle with the
British under Gen. Burgoyne & from there to Saratoga when Gen. Burgoyne surrendered. We then marched down the Hudson River to White Plains where we were all dismissed but had no written discharge. I served four months during this engagement & was not absent from duty during said term except for a short time during our march from Saratoga to White Plains occasioned by ill health.
I was born in the aforesaid town of Douglas in the year 1759 & my age is recorded on the Records of said Town, in which town I lived when I entered the service & in which I have lived uninterruptedly since the Revolution. I am acquainted with Reverend David Holman & Nathaniel Carpenter who live in the same town with me & con testify as to my character for veracity.

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.
Before Nath Paine Judge of Probate for the County of Worcester

Ebenz Curtis
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We David Holman a Clergyman residing in the Town of Douglas and Nathaniel Carpenter residing in said Douglas certify that we are well acquainted with Ebenezer Curtis who has subscribed and sworn to the above declaration, that we believe him to be 73 years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed David Holman Nath. Carpenter
October 1 1832- Before me
Robert P. Church Justice of the Peace


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 mentioned applicant was a revolutionary soldier, and served as he states
And the court further certifies, that it appears to them that David Holman the preceding certificate, is a clergyman, resident in the Town of Douglas who signed and that Nathaniel Carpenter Esquire who has also signed the same is a resident in the Town of Douglas
and is a credible person, and that their statement is entitled to credit.

Nath Paine Judge of Probate
for the County of Worcester

I Theophilus Wheeler Register, Clerk of the Court of Probate for the County of Worcester do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Curtis
here made, is for pension, that Robert P. Church before whom the annexed affidavits made is a Justic of the Peace in the said County of Worcester in good credit
In testimony whereof, I have hereunto set my hand and affixed teh seal of said County this
fifth day of October in the year of our Lord eighteen hundred and thirty five

Theophilus Wheeler Register of the said
Court of Probate in Massachusetts
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22985
Ebenezer Curtis
Mass
Private 9 months

Geo Folsom Worcester Mass
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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. 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.

A Statement, showing the service of Ebenezer Curtis
Douglas in the County of Worcester Mass
Period when the service was rendered.
Enlis. 1776, 5 months duration, 
Draft 1777, 4 months duration (Part of the last term was sick)

Duration of the claimaint's service
5 months
4 months

Rank of the Claimant
Private
Clo

Names and rank of the Field officers under whom he served
Capt Carroll Col Whitney
Capt Knap Col. Cushing

Age at present, and place of abode when he entered service.
73 years Douglas Worcester County Mass

Proof by which the declaration is supported
2 Living Witnesses

I am, respectfully,
Your obedient servant
J. L. EDWARDS.
Commissioner of Pensions.
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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:
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
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 City of
County of
On this
day of
personally appeared (a) before
A.B. a resident (b) of
in the county of
and State, Territory or District
of
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 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 servunder
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.
of the 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
instance, make application by transmitting the following declaration, which will be made before a Court of
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.
1
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 known 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 exexpected
. 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 you 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 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.
{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?
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
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.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will for
row the rule laid down for his guidance.
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 in the rule.
The age of the claimant must invariably be mentioned.
The declarant must mention the person or persons of the war when he served.
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 claim
ant must state, with precision, the length of his service, and the different grades in which he served, in language so
one 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 positvely as to the precise length of the service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For-
---
months, anddays
, 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, in the law
directs the pension to be paid according to the grade of the pensioner and the wrath 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 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 place 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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.
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 admits
ter 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
ner officer, under his seal of office.
are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration
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INVALID.
File No. 5039

Ebenezer Curtis
Priv Massachusetts

Act: June 11th 1832
Index: - Vol. M, Page 84
[Arrangement of 1870.]
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David White's Deposition for Ebenezer Curtis
Page 12

I David White of Douglas in the County of Worcester & Commonwealth of Massachusetts of lawful age depose & say. That I am personally acquainted with Ebenezer Curtis of said Douglas & perfectly recollect. that during
my seven months service at Boston & Nantasket under Capt Jonathan Carroll in Col. Whitneys Regiment which service I entered about the first of April Seventeen hundred
seventy six, said Curtis came & joined the above Company & Regiment soon after our arrival at Boston & served with me in said Company & Regiment the remainder of the seven months & I fully believe that said Curtis served five months as he declares
And further your depont saith not.-
David White

Commonwealth of Massachusetts
County of Worcester
August 8 1832

Personally appeared the above named David White & made oath that the facts stated in the above Deposition or substantially true-
Before me
Robert P Church Justice of the Peace

I hereby certify that I am personally acquainted with David White above named deponent &
that his Deposition is entitled to full credit
Robert P. Church Just. Paris
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I Elisha Murdock of Uxbridge in the County of Worcester & Commonwealth of Massachusetts of lawful age Depose & say
that I am personally acquainted with Ebenezer Curtis of Douglas in said Worcester County that he entered the Massachusetts State troops with me some time in the month of August 1777 under Capt Job Knap in Col. Job Cushing
Regt. We first marched to Bennington in the State of Vermont where we arrived the day after the battle at that place & from there to Shenesborough in Vermont in case of
an alarm there, & from thence to Stillwater where we had a battle with the British under Gen. Burgoyne & from thence to Saratoga where Burgoyne surrendered & from thence we marched down the Hudson River to
White Plains where we were all discharged. I was an orderly Seargeant in Capt Knap's Company & said Curtis served in the same company with me & as much as I can recollect I think he must have served four months as my term of service was four months
I recollect that said Curtis had a furlough on account of bad health on our march from Saratoga to White Plains in which was the only time that I recollect his being absent during the said four months term
And further your deponent saith not.
Elisha Murdock

Commonwealth of Massachusetts
County of Worcester October 1. 1852
Personally appeared the above named Elisha Murdock & made oath that the parts stated in the above deposition of him subscribed are true
And I hereby certify that I am personally acquainted with the above named Elisha Murdock & that his statements are entitled to full faith & credit.
Robert P. Church Justice of the Peace